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, WEDNESDAY, OCTOBER 1, 2003 No. 137 Senate The Senate met at 9:30 a.m. and was appoint the Honorable ROBERT F. BENNETT, a RECOGNITION OF THE ACTING called to order by the Honorable ROB- Senator from the State of Utah, to perform MINORITY LEADER the duties of the Chair. ERT F. BENNETT, a Senator from the The ACTING PRESIDENT pro tem- State of Utah. TED STEVENS, President pro tempore. pore. The Senator from Nevada. Mr. REID. Mr. President, I simply PRAYER Mr. BENNETT thereupon assumed ask that when the Chair announces The Chaplain, Dr. Barry C. Black, of- the Chair as Acting President pro tem- pore. morning business, the full hour be allo- fered the following prayer: cated to both sides evenly divided. Let us pray. The ACTING PRESIDENT pro tem- f O God, who holds the wind in Your pore. Without objection, it is so or- fist and wraps the ocean in Your cloak, dered. we thank You for defending all who RECOGNITION OF THE ACTING come to You for protection. We ask MAJORITY LEADER f You to protect our military in its de- The ACTING PRESIDENT pro tem- RESERVATION OF LEADER TIME fense of our freedoms. Give our mili- pore. The Senator from Kentucky is The ACTING PRESIDENT pro tem- tary people Your presence and peace. recognized. pore. Under the previous order, the Lord, fill the God-shaped void that is in leadership time is reserved. each of us that we may live abun- f dantly. Remind us often that before f honor is humility. Today, give our Sen- MORNING BUSINESS ators the wisdom to meet the chal- SCHEDULE lenges of our time. May they not grow Mr. MCCONNELL. Mr. President, this The ACTING PRESIDENT pro tem- weary in their efforts to find common morning the Senate will be in a period pore. There will be a period for the ground. Give them the strengthening for morning business until 10:30. Under transaction of morning business until joy of Your spirit, that they may have the agreement reached last night, at the hour of 10:30 with the first half of courage for hard times and determina- 10:30 the Senate will begin consider- the time under the control of the tion for challenging tasks. We pray ation of the supplemental appropria- Democratic leader or his designee and this in Your holy name. Amen. tion for Iraq and Afghanistan security. the second half of the time under the control of the Senator from Texas, f The order provides for debate only until 12:30. We expect amendments to Mrs. HUTCHISON, or her designee. PLEDGE OF ALLEGIANCE be offered during today’s session and Who yields time? The Honorable ROBERT F. BENNETT therefore rollcall votes will occur The Senator from Nevada. led the Pledge of Allegiance, as follows: throughout the day. f I pledge allegiance to the Flag of the Yesterday, after the Appropriations United States of America, and to the Repub- Committee finished its work on the FAIR LABOR STANDARDS ACT lic for which it stands, one nation under God, legislation and reported the bill to the OVERTIME RULES indivisible, with liberty and justice for all. full Senate, the two leaders came to Mr. REID. Mr. President, this is a f the floor to reach the agreement to land of opportunity. Americans know if APPOINTMENT OF ACTING begin consideration of the bill today. they are willing to work hard, they can PRESIDENT PRO TEMPORE As stated last night in the colloquy, realize their dreams. Hard work built the Senate will consider amendments this country and hard work is what has The PRESIDING OFFICER. The to the legislation this week. Following enabled generations of Americans to clerk will please read a communication the recess, we will resume the bill with own a home, make a stronger commu- to the Senate from the President pro the expectation of completing all ac- nity, and give their children a good tempore (Mr. STEVENS). tion by the end of that week. education. The legislative clerk read the fol- As we begin the process, the leader is Americans have always been willing lowing letter: asking for the cooperation of all Mem- to work hard to reach their goals, and U.S. SENATE, bers in advance and thanks everyone we are working longer hours today PRESIDENT PRO TEMPORE, Washington, DC, October 1, 2003. for their willingness to cooperate to than ever before. Almost one-third of To the Senate: try to push this bill through to comple- the labor force regularly works longer Under the provisions of rule I, paragraph 3, tion the week after we return from the than a 40-hour week and 20 percent of the Standing Rules of the Senate, I hereby recess. work longer than 50 hours. Fifty years

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

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VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.000 S01PT1 S12214 CONGRESSIONAL RECORD — SENATE October 1, 2003 ago, as part of the Fair Labor Stand- front-line defense in homeland secu- a time when we have a disastrous eco- ards Act, we established the principle rity. nomic policy, we have lost more than 3 of overtime pay for those who work I am wondering how the Senator million jobs, and it says we are going more than 40 hours a week. This recog- from Nevada views this proposal by the to take it out on the overtime workers, nized the value of hard work and re- administration, in terms of fairness to which in this instance affects the warded those who worked the hardest. workers in his own State. front-line workers, the home guard, so Families who work hard depend upon Mr. REID. With the Senator from to speak, the ones we are relying on to overtime pay. For the families who do Massachusetts on the floor, I will re- defend this country—the nurses, the earn overtime, it makes up one-fourth spond this way. The Senator from Mas- firefighters, and the police. of their total salary. sachusetts has led the fight for decades What in the world is it about hard- Having said all this, I cannot under- on raising the minimum wage. I say to working Americans who are working stand why the President is proposing my friend, it seems so unusual, so ab- hard to provide for their families that to change the rules on overtime pay. surd to me that this administration on this administration just can’t stand? His proposal would eliminate overtime the one hand will not let us even have I see our friend and leader here from wages for 8 million workers—nurses, a vote on raising the minimum wage, Iowa, who has been so involved in this firefighters, police officers, flight at- yet at the same time they are trying to issue. I know he has some important tendants, preschool teachers, cooks, cut overtime from people. observations as well. secretaries, and fast-food shift man- I received a call from a 58-year-old Mr. REID. I yield the floor. Mr. HARKIN. Will the Senator yield? agers. This proposal would amount to a man in Las Vegas, my friend, Sunday night. He said, You know, my diabetes Mr. KENNEDY. I am glad to yield pay cut for these hard-working fami- the floor. is getting worse. I think I am going to lies. It would also mean fewer jobs be- Mr. HARKIN. I thank the Senator have to go on injections. I have been cause companies would simply force from Massachusetts and our assistant taking a pill, but I am 58 years old and their employees to work longer hours minority leader, the Senator from Ne- it is getting worse. He said, The reason without paying overtime instead of hir- vada, Senator REID, for bringing up I am concerned is I have no health in- ing new workers. this issue today. In the current economic situation, surance. My wife has health insurance Again, more disturbing news has when millions of Americans are out of but I have no health insurance. come out this week, I say to the Sen- work, it does not make sense to do This man works 60, 70 hours a week. ator from Massachusetts. He has cov- something that will stifle the creation He has two jobs. But both jobs are such ered the increase in poverty in this of new jobs. Even for the workers who that he doesn’t qualify for the fringe country. More and more people are would still qualify for overtime, this is benefits. The fringe benefits, among being left behind and unemployment a bad rule. Why? Because big compa- other things, are health insurance. So continues to go up. At that very time, nies will force the overtime-exempt he works two jobs, hard work, he is 58 this administration wants to pull the workers to put in longer hours and cut years old, and he has no health insur- rug out from underneath people who the hours of those who qualify for over- ance. work hard, to take away their over- time. I say to my friend, I cannot imagine time protection. That is coming to a Mr. KENNEDY. Will the Senator the mental gyrations this administra- head this week, I say to the Senator yield on that point? tion has to go through to, on the one from Massachusetts, because the House Mr. REID. I am happy to yield to my hand, prevent people from getting a of Representatives, the other body, is friend from Massachusetts. basic fair minimum wage and, on the going to be appointing conferees to go Mr. KENNEDY. I noticed an editorial other hand, wanting people to work to conference with us. I understand the in the Washington Post yesterday more than 40 hours a week, reversing motion will be made to instruct the which pointed out: what has been in effect since the mid- conferees to yield to the Senate posi- Despite a veto threat from President Bush, 1930s. tion which, as you know, is to deny the the House should vote to block the rules. I repeat, on the one hand, no raising administration the funds necessary to While the overtime regulations need updat- of the minimum wage, and on the other carry out these proposed changes in ing, the administration proposal tilts too far hand let’s have you work longer hours. overtime. So I am hopeful the House in the direction of employers. It ought to be I ask my friend from Massachusetts, will again vote right on this and make redrawn in a more balanced way. . . . The Can you in any way correlate in your sure we keep the Senate provisions and new rules would give employers far more mind how an administration could go freedom to disqualify employees. deny the administration the ability to forward on this plan? I guess it is a go ahead and just yank away the over- I think that is what the Senator from plan. time protections for millions of Ameri- Nevada is saying, as I understand it, Mr. KENNEDY. We have been joined cans. that those rules that have been drafted by the Senator from Iowa, who has Again, I ask the Senator from Massa- by the administration are one-sided. been a leader in the Senate on this chusetts why is it—I don’t know if They are going to work to the dis- issue. Let me just mention one other there is any real answer. Why is it this advantage of employees just at a time item in response to the question of the administration is so intent on keeping when we know American workers are Senator. Not only is it the opposition the minimum wage as low as it is? Why working longer and harder than any of the administration to the increase of are they so intent on that? What do other industrial nation in the world, as the minimum wage, which now at the they gain by doing that, by denying this chart shows, particularly with re- end of this year will have lost all of the hard-working Americans an increase in gard to women who are out there, who gains since the last increase—so the the minimum wage? What does the ad- have joined the workforce. administration is against that—the ad- ministration gain for themselves or for This is in 1979. Middle-income moth- ministration is against the long-term this country by taking away the over- ers worked 55 percent more than they unemployment compensation. These time protections for our workers which did 20 years ago, 895 hours compared to are workers who have been trying to have been there since 1938? Why would 1,388 hours. American workers are gain work. They have been out looking the administration be doing this if we working longer hours. They are work- for jobs. Historically, as we have re- are facing at this time higher rates of ing harder. The mothers of small chil- viewed this issue with the Senator unemployment, poverty going up? dren are working longer and harder to from Iowa and the Senator from Ne- I don’t know what the Senator’s re- make ends meet in a difficult economy. vada, when we get the unemployment sponse to that will be, but in my view, Then the administration promotes compensation, we have been responsive this is so ideologically driven. This ad- these regulations, which any fair- to this, for years, in a bipartisan way— ministration, I think, if it had its way, minded person would believe are except for this administration. would take away all overtime protec- skewed to the disadvantage and unfair- So we are shortchanging the min- tions, take away the minimum wage. ness to employees—particularly to imum wage worker. We are short- They don’t even believe in a minimum nurses, particularly to firefighters, changing the unemployed. And now the wage. They wouldn’t even have a min- particularly to police, who are the administration comes on top of that, at imum wage. They would have our

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.003 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12215 workers compete at the lowest possible I speak for all of our people in —likely will open the door for employers to level with workers from the Third Massachusettes when I thank the Sen- reclassify a large number of previously non- World countries. It is not enough they ator from Iowa for his leadership in the exempt employees as exempt. are shipping our manufacturing jobs Senate and for the strong vote we got Exempt from overtime pay protec- out of this country, they are now ship- in the Senate. We had a bipartisan vote tion. ping into this country labor standards on that. It is enormously instructive The resulting effect on compensation and from Third World countries. and important for the administration morale could be detrimental, as employees Again, I don’t know. I thank the Sen- previously accustomed to earning, in some to hear. cases, significant amounts of overtime would ator from Massachusetts for pointing I certainly know the administration suddenly lose that opportunity. is working very hard against the posi- this out this morning. I think we need That is not me saying that. That is a to discuss this more. tion of the Senator from Iowa and in May 2003 analysis by Hewitt Associ- We are going to be discussing a sup- the House of Representatives. But I ates, a global human resources plemental appropriations bill on the hope the kind of expression we saw outsourcing and consulting firm, to floor today and for the next few days of here in the Senate will be followed by their clients which include more than $87 billion. That is for rebuilding Iraq. the House. half of the Fortune 500 companies. Some of that is for the military, but I thank the Senator for all of his There you have it. This is industry with $21 billion we are going to build good work. driven to take away the overtime pay sewer and water systems, we are going Mr. HARKIN. Mr. President, I thank protection so they can work people to build new schools, we are going to the Senator from Massachusetts for his longer and not pay them any more. rebuild some swampland—there is ev- kind remarks, but he has been the lead- As I pointed out on the floor pre- erything in there to rebuild the econ- er in terms of workers’ rights for all of viously, and as the Senator from Mas- omy of Iraq. At the same time this ad- his time in the Senate. I am honored to sachusetts did, this is antiworker and ministration wants to keep minimum be able to work with him to make sure it is antifamily. Many of these people wages low. They will not help us get we continue to support our working are women. They are already paying the minimum wage up. And they want families. for child care. Now they are going to to take away overtime protection. I say to my friend from Massachu- have to work longer and pay more for What kind of fairness is there in that? setts that the Secretary of Labor just child care, and they don’t get a nickel Mr. KENNEDY. The Senator has an- wrote a recent editorial which ran in more for overtime. It is not fair. It is swered his own question. I think it is a the Omaha World Herald, which is not right. pretty clear indication that the admin- across the river from Iowa. It is inter- I hope the House of Representatives istration listens to K Street, which is esting that she wrote my amendment will vote strongly to instruct their another way of saying the principal ‘‘if enacted, would be a huge setback conferees to adopt the Senate provi- powerful special interests, rather than for U.S. workers from getting overtime sion. Let us have the administration go Main Street, Main Street, where it is pay for the first time.’’ back and let us have a fair and reason- happening—whether it is in the rural What she is talking about there is able updating of overtime regulations. or urban areas of Iowa, or my own part of this proposal would increase the Yesterday, on Tuesday, September State of Massachusetts. threshold for guaranteed overtime pay 30, there was a lead editorial in the These are hard-working people at the from $8,060 a year to $22,100 a year. My Washington Post entitled ‘‘Fighting minimum wage. This issue, the min- amendment does not affect that. What Over Overtime.’’ imum wage, is a women’s issue because we passed here in the Senate pro- It said: the majority of people who receive the tecting overtime pay does not even re- Despite a veto threat from President Bush, minimum wage are women. It is a chil- motely affect it. If the Secretary of the House should vote to block the rules. Labor wants to increase the threshold While the overtime regulations need updat- dren’s issue because more than one- ing— from $8,060 a year to $22,100 a year, third of the women who receive the We all agree with that. minimum wage have children, so it is a what is she waiting for? She can do that tomorrow. She could have done —the administration proposal tilts too far in family issue. It is a civil rights issue the direction of employers. It ought to be because so many of these men and that this spring in the rules and regu- redrawn in a more balanced way. women are men and women of color. lations. It is because certain friends of I ask unanimous consent that the ar- this administration and industries say And it is a fairness issue. America and ticle be printed in the RECORD. Americans understand fairness. If you they wouldn’t support it unless we There being no objection, the mate- work 40 hours a week you should not made other changes to take away over- rial was ordered to be printed in the have to live in poverty. Yet this admin- time protection from other workers. RECORD, as follows: istration is strongly opposed to this It is true the proposed regulation [From the Washington Post, Sept. 30, 2003] does increase the threshold. That is and is using every different parliamen- FIGHTING OVER OVERTIME fine. Our amendment doesn’t touch tary trick to deny us a vote. For 65 years employees have been entitled The majority Members of this body that. With the other hand they take to an hour-and-a-half’s pay for every extra favor an increase in the minimum away overtime pay protection for over hour they have worked beyond the standard wage, but the administration is strong- 8 million Americans. Then they say 40-hour work week. But those protections ly against it and we are basically un- they want to simplify the rules. The don’t extent to certain white-collar work- able to get it. I think the majority fa- proposal is far from simple. It is as ers—people in executive, administrative and professional positions—and figuring out vors also extending a hand to those complex as ever. The Society for Human Resource which employees are covered has become a millions of Americans who are unem- particularly byzantine area of labor law. The ployed, who have worked hard all their Management was quoted in the Chicago Bush administration has proposed a sweep- lives and, because of the economic poli- Tribune: ing rewrite that it says will better protect cies, have been put into the lists of the It looks like they’re just moving from one the most vulnerable workers while giving unemployed. They have been out there ambiguity to the next. employers clearer guidance. Labor groups looking. Increasing numbers of those These rules and regulations can be argue that the improved coverage is so lim- simplified and updated without taking ited, and the exceptions so broadly written, have been leaving the job market. that millions of workers would be deprived of We have historically recognized that away workers’ overtime pay protec- eligibility for overtime. The Senate voted we would offer a helping hand to those tion. Again, don’t take my word for it. this month to prevent the new rules from who want to work, who can work and Here is what industry says from a May taking effect, and while the House voted nar- who will work to provide for their fam- 2003 analysis by Hewitt Associates, a rowly the other way, it is set for another ilies during the slump in the economy, global human resources outsourcing vote this week. Despite a veto threat from and the administration says no. Be- and consulting firm, to its clients on President Bush, the House should vote to block the rules. While the overtime regula- yond all of that, it says we are going to their Web site. They said: tions need updating, the administration pro- exclude 8 million hard working Ameri- posal tilts too far in the direction of employ- cans from possible coverage for over- These proposed changes— ers. It ought to be redrawn in a more bal- time. by the Secretary of Labor— anced way.

VerDate jul 14 2003 02:19 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.005 S01PT1 S12216 CONGRESSIONAL RECORD — SENATE October 1, 2003 Employees who earn less than $8,060 per this information. He printed it in his tity of an intelligence agent, perhaps year are automatically entitled to overtime. column in the newspaper. compromising their professional ca- The Department of Labor wants to raise that It is interesting that we now find reer, maybe endangering their life, in floor to $22,100. The increase would provide there were other journalists given that order to settle a political debt? automatic coverage to 1.3 million workers, the administration says, while labor groups information, but they did not write I ask the Senator from Iowa, who has say the number is much smaller. An increase this. They did not print it. That raises a memory of this—as I do, as well—this in the minimum level is overdue (it was last questions in itself as to why Mr. Novak is an echo of an enemies list of Richard raised in 1975), but the amount proposed by went ahead and wrote this. Nixon’s era where they have decided at Labor—$5,000 less than would result simply We know this was put out into the any cost they will go after their en- from adjusting for inflation—is too low. The public. We know—at least it has been emies, even in the commission of a proposed rules would also make it more dif- alleged—that Mr. Novak said he got Federal felony, to disclose the identity ficult for employees who earn more than of Ambassador Wilson’s wife. $65,000 to qualify for overtime pay. the information from a ‘‘high adminis- The biggest problem with the changes tration official.’’ The other journalists, The Senator from Iowa is correct. It would be in the middle range of workers who I guess, who got this information said is true that the lengths to which this earn between $22,100 and $65,000. In this area, the same thing. We don’t know wheth- administration is willing to go to si- the new rules would give employers far more er it is in the White House or where it lence its critics harken back to an era freedom to disqualify employees. For exam- is. But there are all kinds of rumors that was one of the darkest eras in ple, employees would be considered exempt and allegations floating around. Presidential politics. ‘‘executives’’ if they managed a department, Now I see the Justice Department is Mr. HARKIN. Again, I thank the Sen- directed the work of two or more other em- ator from Illinois for his question. ployees and had their recommendations starting to investigate. Isn’t that a sweetheart deal? Attorney General Why was this name leaked to this about hiring, firing or promotion ‘‘given par- columnist? It was to somehow discredit ticular weight.’’ Thus, a $23,000-a-year super- John Ashcroft, appointed by this Presi- market produce manager could be refused dent, investigating the President. If a her husband. What had her husband overtime pay. The Labor Department says situation ever cried out for a special done? He told the truth about the lack of any evidence showing Iraq had gone the changes are merely intended to make the counsel, this is it. rules easier to apply, not to deprive anyone Yet yesterday when the Senator from to Niger to obtain basically uranium or of overtime. Yet it’s hard to see how some of yellow cake. He had gone there to in- its gauzy new tests are going to promote any New York, Senator SCHUMER, wanted to just have a sense-of-the-Senate reso- vestigate, said there was nothing to it. less misunderstanding. Administrative work- So he told the truth. And now the ad- lution that a special counsel should be ers, for example, are defined as those who ministration, because a truth did not hold ‘‘a position of responsibility’’ with the appointed, the other side raised a non- comport with their imagination about employer, something that is in turn defined germane objection to this. We will con- what was going on in Iraq, obviously as doing ‘‘work of substantial importance’’ tinue to bring up this sense-of-the-Sen- put Mr. Wilson on their enemies list. or ‘‘requiring a high level of skill or train- ate resolution. In fact, when we have ing.’’ I say to the Senator from Illinois, Labor Secretary Elaine L. Chao, dis- the opportunity, we will ask to have a this really does bring back memories of missing the arguments of those who ‘‘think vote on whether a special counsel enemies lists. The administration will employers are out to exploit workers,’’ says ought to be appointed, someone more go to any length, to the length of that businesses are lobbying for the changes independent than Mr. Ashcroft. breaking a law, to try to discredit any- ‘‘not because they’re getting any particular There is a piece missing from the benefit but because they just want clarity.’’ one who tries to point out the truth puzzle. We know a law was broken. We about what went on in Iraq. But employers and their advisers see it dif- know Mr. Novak, a journalist, printed ferently. Hewitt Associates, a leading human Mr. DURBIN. If the Senator will con- resources consultant, noted that ‘‘employees in his column that it came from some- tinue to yield, this calls for a special previously accustomed to earning, in some where in the administration. But here prosecutor. Does the Senator from cases, significant amounts of overtime pay is the missing part of the puzzle that Iowa recall last year when there was a would suddenly lose that opportunity.’’ As- no one is writing about. Whoever gave suspected leak of information from the sessing the rules in a memo to clients, that information to Mr. Novak got Senate Intelligence Committee, the Proskauer Rose, a law firm that represents that information somewhere. This is FBI, under Attorney General Ashcroft, employers, noted, ‘‘Thankfully, virtually all classified information. The question is, called on every member of the Senate of these changes should ultimately be bene- Did someone in the CIA voluntarily ficial to employers.’’ Workers who earn over- Intelligence Committee to submit to a time derive a quarter of their income, on av- give that information to this indi- polygraph—for every Senator to sub- erage, from overtime pay. They might not be vidual? If that is the case, we have a mit to a polygraph? I ask the Senator quite so thankful. real problem in the CIA. If, however, from Iowa, what is the likelihood that Mr. HARKIN. Mr. President, I ask to someone in the administration is say- Attorney General Ashcroft is going to be recognized on my own time. ing the National Security Council, ask the highest ranking officials in the The PRESIDING OFFICER (Mr. TAL- which has access to this kind of classi- White House to submit to a polygraph ENT). Under the previous order, there fied information, then gave this infor- and then disclose to the public whether are 9 minutes 40 seconds left on the mation to another individual in the ad- or not they have agreed to do so? Democratic side. ministration, then we have a real prob- Mr. HARKIN. I say to my friend from Mr. HARKIN. I appreciate that. I will lem in the National Security Council Illinois, I am not serving on the Intel- not take that much time. of someone deliberately leaking this ligence Committee. I had heard and f classified information. been aware, and now the Senator has It is not enough just to find out who validated that fact, the FBI did ask THE CIA LEAK gave the information to Mr. Novak. We members of the Senate Intelligence Mr. HARKIN. Mr. President, I also have to find out how that individual Committee to take polygraphs. Again, wanted to again comment on the sto- got the information in the first place. it is a fair question the Senator asks: ries appearing in the media about the Mr. DURBIN. Will the Senator yield? Will the FBI ask all senior members of leaked information regarding an under- Mr. HARKIN. Let me finish this. this administration to sit down and cover CIA agent. As we all know by Did that individual have that infor- take a polygraph test? If they asked now, a law was broken. It is a Federal mation given by the CIA? Was it given Senators, why would they not ask the crime under the Intelligence Identity to him by the National Security Coun- White House? I don’t know. Will they? Protection Act of 1982 to intentionally cil? How did that individual come by Mr. DURBIN. Further questioning disclose information identifying a cov- this classified information? That is the the Senator from Iowa, I don’t believe ert agent by anyone not authorized to missing part of this puzzle. in polygraphs. I never recommend receive classified information. Convic- I yield to my friend. them. Most State courts do not recog- tion under this crime is punishable by Mr. DURBIN. I ask the Senator from nize the results, I don’t think they are up to 10 years in prison and a fine of Iowa, does it not show the depths accurate. But it was a pressure tactic $50,000. which have been reached if someone in by the FBI to try to get Senators on What do we know so far? We know a the White House is prepared to not the Intelligence Committee to say pub- columnist, Mr. Robert Novak, received only discredit but to disclose the iden- licly whether they would submit to a

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.001 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12217 polygraph. It is an indication of what rolled out a program to bring troops come dangerous to use. So you have they can do when they want to. home who have served in Iraq for over the state of decay. The question is, Will they do it? a year. These service men and women Second, to restore confidence and Would Attorney General Ashcroft’s De- are going to get a well-deserved rest. hope in a city requires commitment partment of Justice do that to the Unfortunately, the program only pro- and investment. Safe streets do not highest ranking officials in President vides for transportation to places such just happen overnight. You have to Bush’s White House? The answer is ob- as Baltimore, Atlanta, Dallas, and Los train a police force. You have to recog- vious. So I ask, does that not make the Angeles. For folks who come from Min- nize that the best partners in fighting case for a special prosecutor? nesota, my State, that creates a bur- crime are not the guns in their holsters Mr. HARKIN. Absolutely. The Sen- den and a hardship. Flights are very but the people who live in the neigh- ator from Illinois is correct. This expensive if you have not planned 2 borhoods who will support the law en- points to the need for a special counsel, weeks in advance, costing literally forcement efforts. someone independent of the Justice De- thousands of dollars. Moms and dads living in a city need partment. This is serious stuff. This is a good start. It does not go far to have confidence in knowing the po- I notice that the columnist, Mr. enough. Because I want to make sure lice are there to protect and serve Novak, said, well, this woman is just that the service men and women who them, not to conduct covert activities an analyst for the CIA. had to pay—some, again, $1,000 or more on behalf of the Government to deprive I don’t know. I never met these peo- for same-day tickets to see their loved them of their freedom, their liberty, ple. But now I understand she was in- ones—I have submitted, along with and their lives. That has been the pat- deed an undercover agent overseas. She Senator STEVENS, Senator DAYTON, and tern in Iraq for many years. may be doing something at the CIA Senator DORGAN, an amendment to fix Third, to assure growth in a city, right now, but prior to that she was. this unintended consequence of the there must be a sense that there is a Again, I have no knowledge of this. I R&R program. future in the city. This requires busi- only know what I have been reading in If we acknowledge that our troops ness believing there is room to grow. the papers. who have been in Iraq deserve a rest, You have to grow jobs. You have to get It seems to me, in our war on ter- we ought to make sure they get their paychecks to people who then invest in rorism, our best asset is not a missile; way home. I thank the chairman of the homes and libraries and streets and it is not a nuclear device; it is the in- Appropriations Committee, Senator sidewalks. formation we get. And if there is a STEVENS, who has said they will take Rebuilding a city is a tough job. Now, chilling effect out there—that is what care of this. My heartfelt thanks to the increase that on a grand scale of re- this is, a chilling effect—on getting in- distinguished chairman of the Appro- building a nation, and I hope my point formation, it is a serious blow to our priations Committee. is becoming more evident. fight against terrorism. f The fact is, rebuilding Iraq—all of The PRESIDING OFFICER (Mr. Iraq—is as important to the protection IRAQ GRAHAM of South Carolina). The time of our soldiers as the equipment we on the Democrat side has expired. Mr. COLEMAN. Mr. President, I give them to protect and defend them- The Senator from Minnesota. speak today as a former mayor. I have selves. We have to win the peace. We f been listening to the debate about the have to win the peace and not just the President’s request for $87 billion sup- war. R&R TROOP RELIEF plemental appropriations to support Rebuild a neighborhood and you keep Mr. COLEMAN. Mr. President, I rise what our troops need in Iraq. Yet there parents from becoming bitter that they to talk about the men and women on are some, who want to divide that, who do not have clean water or a func- the front line in Iraq defending Amer- say: Yes, we will provide somehow $67 tioning sewer. Make the investment in ica in the fight against terrorism. We billion; that is what the troops need on a library and you give the children a cannot forget them. There are a lot of the military side, and to do that gives tool out of their despair and bring the other things going on in Washington— them moral clarity, while supporting light of learning and opportunity into including, by the way, the discussion of an additional $20 billion for infrastruc- their lives. who said what to whom. ture and other essential services is la- If you remove people’s hopes, you re- I digress for a moment to comment beled as squandering American re- move their incentive to be participants on calls for a special prosecutor. I am sources that could be better used at in the community. And if you choose a slight student of history. In 1999 home. not to invest in their lives, their there was an effort in this body, led by Let me offer some insight on what it homes, their communities, and their Senator COLLINS from Maine, a bipar- takes to build a city, what it requires businesses, they will turn away from tisan effort, to put in place a provision to assure that those who live in a city the light and seek the darkness. to allow for a special prosecutor. It was feel ownership in their future, feel con- The threat our troops face in the blocked, it was stopped, by the very fident in their role in that city, and months ahead in Iraq is not just from same folks today talking about the have the necessary confidence to move the Baath loyalists or foreign terror- need for a special prosecutor. I will be that city forward. ists who are simply trying to live an- very blunt: We are hearing rank polit- First, to rebuild a city requires pa- other day so they can kill another ical hypocrisy when it comes to claims tience. A broken and decayed city did American soldier. The threat our about a special prosecutor. not happen over night, and it will not troops face is that moms and dads in I also note the calls that: The admin- be fixed overnight. What happened in Iraq will lose confidence in the promise istration did this, the administration Iraq did not happen overnight. From America made to them not only to lib- did that. The President of the United 1970 onward, Saddam Hussein never had erate them from the brutality of Sad- States has been very clear. If someone a budget; he did not invest in infra- dam Hussein but from the chains of de- in his administration leaked informa- structure. In fact, he pillaged and spair. tion or did something that is illegal, raped that infrastructure for his own We have seen it in our own cities. they will be held accountable. That is needs, for his palaces, and to cover his When we take away hope and con- what the administration has said. friends. fidence in people, they strike out. Ask We have to get away from the poli- So what you have are patterns of ne- any cop in any American city what he tics and simply do the right thing. The glect that have set in and cities have fears most: a gang member packing a American public get it. They see become stale and moribund. Their in- Glock or a neighborhood where people through it. Unfortunately, it casts a frastructure starts to collapse. That is don’t care what goes on outside their negative light on everyone when every what we have seen in Iraq. The water locked doors and windows. You can al- battle is a political battle other than systems fail, the sewer systems fail, ways find a way to arrest the gangster, simply doing the right thing. and the power grids blow out after but it is nearly impossible to get peo- One of the right things, by the way, years of no maintenance. The roads ple who have lost hope to open the being done is, today the Pentagon has and sidewalks crack and shift and be- doors to their lives once they have

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.010 S01PT1 S12218 CONGRESSIONAL RECORD — SENATE October 1, 2003 been closed. And once hope is lost, the Mr. President, I see my colleague Mrs. DOLE. Mr. President, thousands land becomes a swamp of discontent, a from Texas is motioning for the floor. of young men and women from bases in breeding ground for terrorists, un- I yield for her. my home State of North Carolina are checked by the populace. The PRESIDING OFFICER. The Sen- currently fighting the war on terror in That is what we cannot allow to hap- ator from Texas. Iraq. We are forging a process of peace; pen in Iraq. If we try to parse the in- Mrs. HUTCHISON. Mr. President, and in doing so, we are moving toward vestment we make in Iraq, we parse what is the time? turning control of the government and the commitment to American troops. The PRESIDING OFFICER. Twenty society back to the Iraqi people. This is not rhetoric. This is not drama. minutes. With the major battles over in Iraq, This is reality. Mrs. HUTCHISON. Has the Senator our Nation is helping to rebuild schools We need to invest in training Iraqis from Minnesota finished? Because I and hospitals, water supply systems to become policemen now and ensure need to allocate 10 minutes. and roadways. Part of the President’s that more American troops can come Mr. COLEMAN. I will finish in 90 sec- supplemental request is being des- home sooner. onds. ignated for the continuation of these We need to invest in Iraqi infrastruc- Mrs. HUTCHISON. Thank you, Mr. efforts. The stabilization of Iraq de- ture now and ensure that its economy President. Let me ask for 1 additional pends on providing the Iraqi people begins to recover. And more Iraqis will minute for the Senator from Min- basic services as well as humanitarian go back to work. And the greater the nesota. relief. And the safety of our men and hope grows, less anger will be directed The PRESIDING OFFICER. The Sen- women in uniform depends on the sta- toward American troops. ator from Minnesota. bilization of Iraq. We need to invest in Iraqi schools Mr. COLEMAN. Thank you. Our forces are on the offensive, and and libraries and hospitals, and condi- Mr. President, I do not need to re- continue to capture key figures in Sad- tions that lead to despair and striking mind my colleagues how much money dam Hussein’s evil regime, so that they out against American soldiers dimin- disappeared from the American and may be brought to justice. The vast ish, and the breeding ground that ter- world economy on September 11. Suc- majority of the President’s request will rorists prey on becomes smaller and cess will build world confidence and in- go directly to American troops, giving smaller, until they disappear com- vestment far beyond this investment in them the pay, the equipment, and pletely. Iraq. Failure would cost us far more. The best way to take the gun or other resources necessary to fight the We can, and will, argue over the na- bomb out of the hand of a potential war on terror. We must ensure that ture of this commitment. Should it be terrorist is to make sure they have these funds are available to allow them a grant or loan? We know we cannot let food to eat, schools to attend, libraries to complete their mission and return a single American dollar go to paying with books, hospitals with medicine, home safely. off the debt Iraqis owe to the French or and communities that are safe. Recently a proud grandmother met The best way to make a difference Germans who propped up Saddam Hus- with my 102-year-old mother in Salis- between an Iraqi citizen who works sein. We know we cannot load Iraq bury, North Carolina. This grand- with American soldiers instead of try- with debt it cannot repay while urging mother forwarded me a letter from her ing to kill them is to make sure they other nations to forgo their debt. grandson, Christopher Shawn Jensen, have access to city services and the This body will vigorously debate this who is currently stationed in Baghdad. very real opportunity for a job. issue, as it should, but let us not pit I would like to read to you what a sol- There is this idea, I am afraid, that the needs of home against the safety of dier on the front lines has to say. I will the rebuilding of Iraq is taking too our troops in Iraq. I say this without read just a portion: long and costing too much. There is a hesitation: We put our troops in Iraq at I was invited to meet with a local Iraqi sense of panic that has seemed to set grave risk if we do not win the peace. who works the engineering for our building’s in. There are those who roam the halls I urge my colleagues not to let polit- electricity . . . He graduated from the Bagh- of Washington saying: I told you so. ical showmanship put American lives dad University in engineering and showed me Throughout the political rhetoric at risk. his class picture (from 1979). We talked about that takes hold on both sides of the The mayor in me says it is time to what it was like then, and the difference get back to work in this body and sup- now. You could see the suffering in his eyes aisle is a sort of posturing and posi- as he talked about the years of terror, the tioning for who is more supportive of port those efforts that will get Iraq and people lived with while Saddam was in American troops than the other. All its people back to work. power. I felt the same emotions of sadness the while, young men and women are Restoring hope and confidence will, for these people when I first rolled up here laying down their lives to deliver on in turn, create new investment that from Kuwait, to see their cheering faces of the commitment that their leaders of will save American lives and ensure relief . . . many a soldier’s eyes were filled this country made to the people of that Iraq and its people have a brighter with tears that day . . . I pray that we finish Iraq. hope for a better tomorrow. the job we started. It is time it ends. I am not the most With that, Mr. President, I yield the At the end of the letter to his grand- senior guy here, nor am I the smartest. floor. mother, Shawn made a request to his I am not the most articulate, nor am I The PRESIDING OFFICER. The Sen- friends and family. ‘‘I have started the the most decorated. I did not come to ator from Texas. ball rolling for several ideas, he writes, the Senate to prove on any given day Mrs. HUTCHISON. Mr. President, I to help in the effort to free Iraqis and or issue I am right. I came to the Sen- thank the Senator from Minnesota for also to help to make this a safer place ate on any given day or issue to simply those profound remarks and appreciate for liberty and freedom. I know many do right. Today, I urge my colleagues his weighing in on this issue. of you have big hearts and want to again to turn this issue into something Mr. President, we now have 20 min- help, you just don’t know how. Here that does more to give honor to our utes left; is that correct? are some things you can help with. I democratic traditions, and to our The PRESIDING OFFICER. Eighteen have written to the Editor of the Wil- American soldiers, than partisan minutes 15 seconds. mington Star newspaper. The children speeches about who is to blame for this Mrs. HUTCHISON. Mr. President, I in Iraq learn on the dirty floors in and who is to blame for that. yield up to 9 minutes to the Senator their schools. They need approximately Everyone knows the pricetag is large. from North Carolina; following that, up 200,000 desks for their schools. I am Everyone knows there are programs in to 9 minutes to the Senator from Ten- trying to build support for a program the United States that need support, nessee; and then I ask unanimous con- where the American citizen can buy too. I understand that as a former sent to use 3 minutes of leader time, support for the Iraqi children.’’ And let urban mayor. Let us not lose our sense which has been cleared by Senator me add, my husband, Bob Dole, has al- of perspective. The task before us in FRIST. ready committed to Shawn’s effort. Iraq may be gargantuan in its cost, but The PRESIDING OFFICER. Without Shawn’s letter continues, ‘‘We are the cost of failure is unacceptably objection, it is so ordered. also collecting money from the soldiers high. The Senator from North Carolina. here and we are going to buy back

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.013 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12219 weapons from the populous of Iraq. We dress to the Nation. While Saddam transformed from a reign of terror to a are using the little money we earn in a Hussein was building palaces, the infra- beacon of hope. Let us, like him, com- combat zone to start this program. The structure was deteriorating terribly, mit to the stabilization of Iraq dimin- regular citizens have all kinds of weap- more than we realized. Adequate re- ishing the threat to our troops and en- ons like grenades, bombs, and rockets sources for the proper reconstruction suring greater stability and peace in . . . things regular citizens don’t need. are essential to providing security and the Middle East. We are asking American citizens to allowing our troops to leave as soon as The PRESIDING OFFICER. The Sen- match funds that we are collecting for possible. ator from Tennessee. this cause. My father can be contacted Eliminating terror is more than re- Mr. ALEXANDER. Mr. President, the for this via phone or a web-site that moving the leaders of an evil regime challenge described by the Senator has been started.’’ from power. Terrorism must be torn from North Carolina is immense: Re- Shawn Jensen understands what free- out by its roots, ensuring that there is structuring the economy and govern- dom means to the people of Iraq—in- no toehold for its sponsors to reestab- ment of a country that has borne dec- deed he is seeing it first hand. He is so lish their violent ways. The bottom ades of neglect by a tyrannical regime. committed to making Iraq a safe place line; we can fight them there, or we If we fail, the consequences could be a for his fellow soldiers to complete their can fight them here. disaster. A fractured, failed Iraq could mission, and for the Iraqi people to live The President’s call for a supple- become a safe haven for terrorists, a in a free and orderly society, that he mental spending bill for operations in caldron for fomenting extremism, and and his fellow soldiers are making Iraq has spawned the most recent a destabilizing force to its neighbors, these tremendous sacrifices. round of debate over the war on terror. throwing the entire Middle East into My friend, Secretary of State Colin For those who have criticized the cost chaos. If we succeed, the results could Powell, described last week his visit to of the war, understand that inaction be extraordinary. A democratic and Iraq in the most poignant terms, He would be much more devastating. Just economically vibrant Iraq would be a said, ‘‘anyone who doubts the wisdom look at the September 11 attacks. One shining example to her neighbors that of President Bush’s course in Iraq study has pegged the cost to the econ- Islam and democracy can coexist. More should stand, as I did, by the side of omy at well over $2 trillion. And a important, such an Iraq would be a the mass grave in Iraq’s north. That Brookings Institution study estimates friend to the United States. terrible site holds the remains of 5,000 that a biological terrorist attack I have often come to this floor to innocent men, women and children who against a major U.S. city would cost talk about the importance of teaching were gassed to death by Saddam Hus- our economy $750 billion. our children American history and sein’s criminal regime.’’ There are other critics who have ac- civics so they grow up learning what it Recently, in testimony before the cused the military of being slow in means to be an American. Armed Services Committee, on which I their progress. But consider these num- Former President Harry Truman put serve, Ambassador Paul Bremer out- bers I heard recently from Defense Sec- it this way. He said: lined a clear and well-defined course of retary Donald Rumsfeld. It took 3 The only thing new is the history you’ve action in Iraq. As he noted, there will years after World War II to establish forgotten. be bumps along the way, but it is crit- an independent central bank in Ger- Let me look at history. I am re- ical for us to stay the course. As he has many; it was established in Iraq in 2 minded most about the choices we said so poignantly, ‘‘Gone are Saddam months. Police in Germany were estab- made when dealing with postwar Ger- Hussein’s torture chambers,’’ he wrote. lish after 14 months; in Iraq, 2 months. many, after World War I and World ‘‘Gone are his mass killings and rape A new currency in Germany took 3 War II. At the end of World War I, we rooms. And gone is his threat to Amer- years; it took 21⁄2 months in Iraq. The made a grave mistake. We punished ica and the international community.’’ cabinet in Germany was created after Germany for its actions. The Treaty of As we go forward, it is this that we 14 months. Iraq has a cabinet today— Versailles, which formally declared the should keep in mind. after just 4 months! end of the war, ordered Germany to Today in Iraq, streets are lined with We cannot afford not to do what is repay its debt to other European coun- shops selling newspaper and books rep- necessary to win the war against terror tries and denied any aid for recon- resenting varied opinions. Already, 160 and secure our homeland. The funding structing war-torn Germany. Even newspapers have sprung up in Iraq. for the war is necessary and signifi- though a new democratic government Schools and universities are open; par- cant, but it is temporary. The cost of sprang up in Germany at that time, the ents are forming PTA’s; 95 percent of fighting this war is well below the cost Weimar Republic, we chose not to pro- health clinics are open, and Iraq is on of previous conflicts. vide help but to tell the Germans to the way to a democratic government. And more than words . . . more than ‘‘pay up.’’ In other words, we defeated Eighty-five percent of towns now have negotiations . . . the President’s sig- them, left them in ruins, sent them a city councils. And a Constitution will nificant spending request sends an un- bill, and went home. soon be written, followed next year by mistakable signal to the sponsors of Sometimes we forget that Adolf Hit- elections which will provide legitimacy terror, to the liberated Iraqi citizens, ler was elected in a democratic Ger- and credibility to the government. And and to the world—that the United many. What was the result? As early as millions of dollars of humanitarian aid States of America is staying the 1922, a young Hitler was already railing are going to the Iraqi people to make course. Attacks on U.S. troops and against the Treaty of Versailles and sure they have food, water and shelter. other targets in Iraq are aimed at un- the payments Germany was forced to Iraqis are also being trained to main- dermining freedom and democracy— make. Eleven years later, in 1933, Hit- tain peace and order in their own coun- but these attacks will not cause us to ler became the Chancellor of Ger- try. Thousands of members of the Iraqi shy away from our commitment. Fail- many—elected. Again, he blamed the police force will be trained over the ure to follow through in our mission Treaty of Versailles for Germany’s next several months in Eastern Europe. would leave a lethal void—a void that woes. He said: And the area around Saddam’s home- would rapidly be filled by terror and its We want to liberate Germany from the fet- town of Tikrit, one of the most dan- supporters. President Bush has said, ters of an impossible parliamentary democ- gerous sections in Iraq, is currently ‘‘Liberty is not America’s gift to the racy. being patrolled by the Iraqi army. world, it is God’s gift to Mankind.’’ Under such a heavy burden of debt, These measures are part of the larger I believe that God’s gift to all of his with a failed reconstruction policy, goal of turning over the security of children is liberty—and also justice Hitler convinced the German people Iraq to the Iraqis. and equality, tolerance and oppor- that democracy was too much of a bur- Certainly, the operation there is tunity. These belong to all people—no den. We all know what happened next— proving to be a dangerous and more matter where they live. Let us remem- another world war that was more dev- grinding conflict than some expected. ber the steadfast resolve of Shawn Jen- astating than the first. The President addressed this fact can- sen in that letter to his grandmother. Our post-World War I policy with didly and resolutely in his recent ad- He is a witness to a country being Germany was a complete failure.

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.004 S01PT1 S12220 CONGRESSIONAL RECORD — SENATE October 1, 2003 One can imagine a similar scenario ing Iraq—$20.3 billion—is actually far portion before we really know the playing out in Iraq today if we make less than what we spent on the Mar- facts. So I want to set the record the wrong choice. Let’s say the United shall plan. That was $13 billion then, straight on a few issues. States, after getting a new Iraqi gov- between 1948 and 1952, and that would First of all, many people on the other ernment in place, decides to go home be at least $102 billion in today’s dol- side are asking for a special counsel. and orders Iraq to pay its bills, as some lars. Right now, the FBI is investigating on the other side of the aisle would Another way to compare the cost is this as a routine leak. The CIA Direc- have us do. It is not hard to imagine a percentage of gross domestic product. tor, George Tenet, according to Bob new Iraqi leader emerging who blames The Marshall plan cost 1.1 percent of Novak, did not request the investiga- Iraq’s economic woes on the United our GDP during the 4 years it was in tion separately in some major way. States, who decries the debt we are place. President Bush’s proposal would The CIA Director was not involved be- making Iraq repay, who says we only be only one-fifth of 1 percent. Again, cause this is in fact routine. waged the war in order to encumber its the Marshall plan was five times the According to Bob Novak, any leak of oil; a new leader coming to power on cost of President Bush’s Iraq plan. classified information is routinely the wave of anti-American sentiment Or we can compare the cost as a per- passed by the CIA to the Justice De- who proceeds to destroy the fledgling centage of the Federal budget. The partment, averaging one a week. This democratic system the United States Marshall plan cost 7 percent of the investigative request was made in helped to establish in Iraq; and sud- Federal budget during the years it was July, shortly after the original column denly, a few years down the road, we enacted. The President’s requested was published. This was a routine in- have a new evil tyrant running Iraq, funds, when added to those already vestigation of something that appeared who is a clear enemy of the United spent on reconstruction, were only 1 to be a leak and which may be a leak. States and could start pursuing poli- percent of the Federal budget. The investigation has been ongoing cies similar to those of Saddam Hus- So this idea that we are spending since July. I think it is certainly pre- sein, or even worse. more on Iraq than we did after World mature to start making this a political Fortunately, there is another choice. War II is totally false. issue, talking about a special counsel, After World War II, we took a very dif- We can learn a valuable lesson from when we don’t even know the facts yet. ferent approach to postwar Germany. history. After World War I, we made Bob Novak wrote a subsequent col- In 1948, after a failed policy of loaning Germany pay its debts. We left them in umn that appeared today in the Wash- money to war-torn countries in Eu- ruin. We went home. As a result, we ington Post. I think it is very impor- rope, the United States adopted the got Adolf Hitler. After World War II, tant because it was his original column Marshall plan, named for Secretary of we pursued the Marshall plan, and it that outed the woman who was a CIA State George C. Marshall. The Mar- did cost some money. But as a result, employee. He says very clearly, first: I shall plan was a 4-year initiative to re- we won democratic allies in more parts did not receive a planned leak. Now, it build the economies of 16 countries in of the world. has been accused on television shows Europe, including Germany. The Mar- President Kennedy said it best in his across America that the White House shall plan cost $13.3 billion and a lot of 1961 inaugural address. This is what he somehow leaked information about a effort. Ninety percent of the money said: CIA operative to the press. The man who wrote the story said: spent on the Marshall plan—nearly $12 We will pay any price, bear any burden . . . billion—was grant money, not loan to assure the survival and success of liberty. I did not receive a planned leak. Secondly, the CIA never warned me that the disclosure money. The people of Iraq, like the people of of Wilson’s wife working at the agency would What was the result? At first, the re- Germany 60 years ago, lived under an endanger her or anybody else and, third, it sults were uncertain. Germany’s econ- evil tyrant who wreaked havoc on his was not much of a secret. omy looked shaky. But over time, our neighbors and his own people. In both According to him, this has been well continued investment paid dividends. A cases, the evil tyrant was overthrown known around Washington and, in fact, continent that had been fighting for a by the United States and its allies. was even reported in the National Re- thousand years became a democracy America and its allies temporarily view Online from a nongovernmental and became our ally. took over the administration of Ger- source before Mr. Novak’s column ap- In Japan—in another part of the many and Iraq. We paid for the German peared. world—our help took a country that reconstruction under the Marshall Mr. Novak said an administration of- had invaded us and made it an ally. plan. We should do the same in Iraq ficial told him this information but not The results could not have been better and support the President’s request. the White House. He says this did not after World War II. Our policy was a We cannot afford, in our own interests, come from the White House. complete success. to do anything less. I think it is very important that we That is why I believe we need a Mar- The PRESIDING OFFICER. The Sen- tone down the rhetoric on this issue. It shall plan for Iraq. We need a 4- or 5- ator from Texas is recognized. is an issue that should be investigated. year plan for reconstructing Iraq, and Mrs. HUTCHISON. Mr. President, is It is being investigated. The President we need to face up to the cost of the there any time left on our side in has said he wants it to be investigated. plan. We need to understand it is more morning business? He has said it is important to him that for us, the United States, than it is for The PRESIDING OFFICER. There it be investigated. He wants everyone them. President Bush has laid out the are 3 and a half minutes, including the in the White House to be fully coopera- first stages of such a plan. leader time. tive, and the author of the story says The Marshall plan was used for a va- f no one in the White House was in- riety of purposes to reconstruct war- THE CIA LEAK volved. So I think we need to tone it torn Europe, including Germany. It down. paid for the building of railroads and Mrs. HUTCHISON. Mr. President, I I yield the floor. water systems, for needed medicines, asked for the leader time because I The PRESIDING OFFICER. All time modernizing factories, for restoring wish to respond to some of the remarks has expired. ports to allow foreign trade, and much I heard on the floor earlier regarding f more. President Bush’s request for the CIA leaks. funding will pay for many of the same Mr. President, every one of us in this EMERGENCY SUPPLEMENTAL AP- things: restoring Iraq’s ports on the country would be very concerned about PROPRIATIONS FOR IRAQ AND Persian Gulf, building roads, restoring a leak regarding someone who was un- AFGHANISTAN SECURITY AND power and water systems, needed medi- dercover and operating for the CIA, and RECONSTRUCTION ACT, 2004 cines, reopening schools, and much we would want to get to the bottom of The PRESIDING OFFICER. Under more. the issue if there were a leak. In fact, the previous order, the hour of 10:30 Some say funding Iraq’s reconstruc- that is exactly what is happening. But a.m. having arrived, the Senate will tion would be too costly. But the cost I think it has been distorted and I proceed to the consideration of S. 1689, of the President’s request for rebuild- think it has been blown way out of pro- which the clerk will report.

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.016 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12221 The assistant legislative clerk read The Armed Forces and the coalition Vice Chairman, Joint Chief of Staff from the as follows: of nations that are involved are mak- Department of Defense. A bill (S. 1689) making emergency supple- ing remarkable progress in Iraq. It has SUMMARY OF THE BILL mental appropriations for Iraq and Afghani- been less than 1 year since we gave the On September 17, 2003, the President sub- stan security and reconstruction for the fis- President the authority to use force mitted requests for $87,039,804,000 in new cal year ending September 30, 2004, and for against the Saddam Hussein regime. budget authority for programs under the De- other purposes. During our hearings on this bill, Am- partment of Defense, Department of State, The PRESIDING OFFICER. Under United States Agency for International De- bassador Bremer pointed out that the velopment, and the Iraq Relief and Recon- the previous order, the time until 12:30 coalition has already opened all of struction Fund. The Committee recommends p.m. shall be equally divided for debate Iraq’s 240 hospitals and nearly every $87,004,004,000 in new budget authority. only. health clinic. Almost every university The President’s supplemental requests are The Senator from Mississippi. and secondary school in that nation contained in budget estimate No. 17, trans- Mr. COCHRAN. Mr. President, in be- has been reopened, and the Iraqi people mitted on September 17, 2003 (H. Doc. 108– half of the Committee on Appropria- have begun to share in providing the 126). tions, I present to the Senate a bill security for their own country. Tens of COMMITTEE PRIORITIES making emergency supplemental ap- thousands have been trained as police The primary goals of this bill are to fund propriations for Iraq and Afghanistan officers or members of the new Iraqi the ongoing military operations in Iraq and security and reconstruction for the fis- Army. Afghanistan as well as relief and reconstruc- tion activities in those countries. To accom- cal year ending September 30, 2004. We are also providing funding to help The bill was reported favorably by plish the first goal, the Committee is pro- rebuild Iraq’s infrastructure. This viding $66,560,004,000 to prosecute the war in the committee by a vote of 29 to 0. Dur- funding will improve electrical, trans- Iraq and Afghanistan. These funds are for in- ing 6 hours of deliberation, the com- portation and telecommunications sys- creased operational tempo, military per- mittee considered many amendments tems, as well as the infrastructure that sonnel costs, military construction, procure- and rejected most of them, but I am will enable Iraq to sustain itself with- ment of equipment, increased maintenance sure we will have the opportunity to out our assistance in the years ahead. and military health care support. To achieve reconsider some of these suggested But it is essential that we act now to the second goal, the Committee is providing $21,444,000,000 to help secure the transition to changes on the floor of the Senate. approve these funds. We should act ex- This bill is requested by the Presi- democracy in both Iraq and Afghanistan. peditiously on this bill. Our military These funds are for enhanced security and dent and is a matter of some urgency. needs the funding to carry out their reconstruction activities including border It is an emergency supplemental appro- missions. The coalition provisional au- enforcement, building a national police serv- priations bill which should be acted thority needs the support provided by ice in Iraq, standing up a new Iraqi army and upon without delay, but, of course, this bill now. continued building of the Afghan National with the thoughtful and careful consid- I invite the attention of the Senate Army, reconstituted judicial systems, reha- eration which the subject matter clear- to the provisions of the bill. Mr. Presi- bilitation of Iraq’s oil infrastructure, and provision of basic electricity, water and ly requires. dent, I ask unanimous consent to have The President’s request has been con- sewer services and other critical reconstruc- printed in the RECORD the following tion needs in Iraq and Afghanistan. sidered in hearings held by the Appro- statement in explanation of the rec- priations Committee, the Armed Serv- TITLE I—NATIONAL SECURITY ommendations of the Committee on CHAPTER 1 ices Committee, the Foreign Relations Appropriations on the bill, S. 1689, SUBCOMMITTEE ON DEFENSE Committee, and the Banking Com- making emergency supplemental ap- DEPARTMENT OF DEFENSE mittee. During these hearings and propriations for Iraq and Afghanistan through 16 witnesses, the case has been 2004 supplemental estimate $65,147,554,000 security and recovery for the fiscal Committee recommenda- well made that these emergency funds year ending September 30, 2004, and for are needed and should be approved. tion ...... 65,147,554,000 other purposes. MILITARY PERSONNEL The funds appropriated by this bill There being no objection, the mate- SPECIAL PAYS AND ALLOWANCES will provide the equipment, fuel, am- rial was ordered to be printed in the The Supplemental request includes munition, and subsistence our troops RECORD, as follows: need as they complete their missions in $1,248,200,000 for enhanced Special Pays in- EXPLANATORY STATEMENT OF THE REC- Iraq and Afghanistan. The bill includes cluded Family Separation Allowance [FSA], OMMENDATIONS OF THE SENATE COMMITTEE Imminent Danger Pay [IDP], and Hostile military pay, including imminent dan- ON APPROPRIATIONS ON EMERGENCY SUPPLE- Duty Pay [HDP]. The Department’s request ger pay and family separation allow- MENTAL APPROPRIATIONS FOR IRAQ AND AF- would fund FSA and IDP at the enhanced ance, at the levels authorized in the GHANISTAN SECURITY AND RECONSTRUCTION, levels authorized in the fiscal year 2003 fiscal year 2003 emergency supple- 2004 Emergency Wartime Supplemental Appro- mental for the duration of fiscal year The Committee on Appropriations reports priation Act (Public Law 108–11) for the first 2004. the bill (S. 1689) making emergency supple- 3 months of the fiscal year. Beginning Janu- We have also provided funding for mental appropriations for Iraq and Afghani- ary 1, 2004, the Department requests that equipment needed by our troops. Some stan security and reconstruction for the fis- FSA and IDP return to the levels authorized prior to enactment of Public Law 108–11, and of the items for which emergency funds cal year ending September 30, 2004, and for other purposes, reports favorably thereon that the Committee authorize an increase in are provided are fuel for military vehi- and recommends that the bill do pass. Hardship Duty Pay to offset the reductions cles and aircraft, improved humvees, BACKGROUND to FSA and IDP. However, the requested in- and body armor to better protect our crease in HDP would only cover those indi- This bill makes appropriations for the viduals serving in the combat zone in sup- troops. military functions of the Department of De- port of Operation Iraqi Freedom and Oper- We have increased the level of fund- fense as it prosecutes the war in Iraq and Af- ation Enduring Freedom. The Department’s ing requested by the President for op- ghanistan, as well as for relief and recon- proposal would not provide a benefit to those eration and maintenance funding for struction efforts in Iraq and Afghanistan, servicemembers who have been mobilized and to continue anti-terrorism efforts the Army and for replenishment of and deployed throughout the United States around the world. prepositioned war stocks. in support of Operation Noble Eagle, nor This bill includes appropriations to HEARINGS would it provide a benefit to those purchase more electrical generators, The Committee held hearings on Sep- servicemembers deployed overseas in support moneys for mail service, and improve- tember 22, 24, and 25, 2003 and heard testi- of other contingency operations such as Bos- ments in troop housing and facilities. mony from Ambassador Paul Bremer; Hon. nia and Kosovo. The Committee does not ap- The bill includes $412 million in mili- Donald Rumsfeld, Secretary of Defense; Gen- prove the Department’s request, and instead tary construction funding that will eral Richard Meyers, Chairman, Joint Chiefs supports the continuation of FSA and IDP at provide support facilities for our sol- of Staff; General John Abizaid, Commanding the levels authorized in Public Law 108–11 for General United States Central Command; Dr. all of fiscal year 2004. The Committee directs diers in base camps throughout Iraq, as Dov Zakheim, Under Secrteary of Defense the Department to use the funds requested well as urgently needed runways and (Comptroller); Peter Rodman, Assistant Sec- for increased Hardship Duty Pay to fund the taxiways to support Air Force oper- retary of Defense Secretary for International full year increase to FSA and IDP for all eli- ations in Iraq and Afghanistan. Security Affairs; and General Peter Pace, gible recipients.

VerDate jul 14 2003 02:19 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.019 S01PT1 S12222 CONGRESSIONAL RECORD — SENATE October 1, 2003

MILITARY PERSONNEL, ARMY Corps. The recommendation is equal to the PROCUREMENT OF WEAPONS AND TRACKED 2004 supplemental estimate $12,858,870,000 estimate. COMBAT VEHICLES, ARMY Committee recommenda- OPERATION AND MAINTENANCE, AIR FORCE 2004 supplemental estimate $46,000,000 tion ...... 12,858,870,000 2004 supplemental estimate $5,948,368,000 Committee recommenda- The Committee recommends $12,858,870,000 Committee recommenda- tion ...... 104,000,000 for Military Personnel, Army. The rec- tion ...... 5,516,368,000 The Committee recommends $104,000,000 for ommendation is equal to the estimate. The Committee recommends $5,516,368,000 Procurement of Weapons and Tracked Com- MILITARY PERSONNEL, NAVY for Operation and Maintenance, Air Force. bat Vehicles, Army. The recommendation is 2004 supplemental estimate $816,100,000 The recommendation is $432,000,000 below the $58,000,000 above the estimate. Committee recommenda- estimate. The Committee recommends an increase of tion ...... 816,100,000 The Committee recommends a reduction of $58,000,000 to the estimate as follows: $432,000,000 to the estimate as follows: The Committee recommends $816,100,000 for Replenishment of Army Prepositioned Stock items de- Military Personnel, Navy. The recommenda- Unjustified ‘‘incremental contingency costs’’ ...... ¥$200,000,000 stroyed during combat operations ...... ∂$58,000,000 tion is equal to the estimate. Excess inter/intra-theater airlift ...... ¥132,000,000 ¥ MILITARY PERSONNEL, MARINE CORPS Excess DPEM ...... 100,000,000 OTHER PROCUREMENT, ARMY 2004 supplemental estimate $753,190,000 2004 supplemental estimate $930,687,000 OPERATION AND MAINTENANCE, DEFENSE-WIDE Committee recommenda- Committee recommenda- tion ...... 753,190,000 2004 supplemental estimate $4,618,452,000 tion ...... 1,078,687,000 Committee recommenda- The Committee recommends $753,190,000 for tion ...... 4,218,452,000 The Committee recommends $1,078,687,000 Military Personnel, Marine Corps. The rec- for Other Procurement, Army. The rec- ommendation is equal to the estimate. The Committee recommends $4,218,452,000 ommendation is $148,000,000 above the esti- for Operation and Maintenance, Defense- MILITARY PERSONNEL, AIR FORCE mate. Wide. The recommendation is $400,000,000 The Committee recommends an increase of 2004 supplemental estimate $3,384,700,000 below the estimate. $148,000,000 to the estimate as follows: Committee recommenda- The Committee recommends a reduction of tion ...... 3,384,700,000 $400,000,000 to the estimate as follows: Theater stabilization communications ...... ∂$64,000,000 The Committee recommends $3,384,700,000 Replenishment of Army Prepositioned Stock items de- ¥ for Military Personnel, Air Force. The rec- Excess support to key cooperating nations ...... $400,000,000 stroyed during combat operations ...... ∂84,000,000 ommendation is equal to the estimate. OPERATION AND MAINTENANCE, MARINE CORPS AIRCRAFT PROCUREMENT, NAVY OPERATION AND MAINTENANCE RESERVE 2004 supplemental estimate $128,600,000 OPERATION AND MAINTENANCE, ARMY 2004 supplemental estimate $16,000,000 Committee recommenda- 2004 supplemental estimate $24,190,464,000 Committee recommenda- tion ...... 128,600,000 Committee recommenda- tion ...... 16,000,000 tion ...... 24,946,464,000 The Committee recommends $128,600,000 for The Committee recommends $16,000,000 for Aircraft Procurement, Navy. The rec- The Committee recommends $24,946,464,000 Operation and Maintenance, Marine Corps ommendation is equal to the estimate. for Operation and Maintenance, Army. The Reserve. The recommendation is equal to the recommendation is $756,000,000 above the es- estimate. OTHER PROCUREMENT, NAVY 2004 supplemental estimate $76,357,000 timate. OPERATION AND MAINTENANCE, AIR FORCE The Committee is concerned that the esti- RESERVE Committee recommenda- mate does not fully reflect the Army’s con- tion ...... 76,357,000 2004 supplemental estimate $53,000,000 tingency costs to sustain ongoing oper- Committee recommenda- The Committee recommends $76,357,000 for ations, or the costs necessary to reset the tion ...... 53,000,000 Other Procurement, Navy. The recommenda- force. This places the Army at considerable tion is equal to the estimate. financial risk during fiscal year 2004. Accord- The Committee recommends $53,000,000 for ingly, the Committee recommends an in- Operation and Maintenance, Air Force Re- PROCUREMENT, MARINE CORPS crease of $756,000,000 to the estimate as fol- serve. The recommendation is equal to the 2004 supplemental estimate $123,397,000 lows: estimate. Committee recommenda- OPERATION AND MAINTENANCE, AIR NATIONAL tion ...... 123,397,000 SAPI body armor/Rapid Fielding Initiative/battlefield EOD GUARD cleanup ...... ∂$300,000,000 The Committee recommends $123,397,000 for Increased organizational level maintenance requirements ∂200,000,000 2004 supplemental estimate $214,000,000 Procurement, Marine Corps. The rec- Second destination transportation for depot mainte- Committee recommenda- ommendation is equal to the estimate. nance ...... ∂174,000,000 tion ...... 214,000,000 AIRCRAFT PROCUREMENT, AIR FORCE Theater stabilization communications ...... ∂72,000,000 Army and Air Force Exchange Service support for de- The Committee recommends $214,000,000 for 2004 supplemental estimate $40,972,000 ployed forces ...... ∂10,000,000 Operation and Maintenance, Air National Committee recommenda- Guard. The recommendation is equal to the tion ...... 40,972,000 The Committee has included $858,200,000 for estimate. The Committee recommends $40,972,000 for the Administrative and Operating Costs for OVERSEAS HUMANITARIAN, DISASTER, AND Aircraft Procurement, Air Force. The rec- the Coalition Provisional Authority [CPA]. CIVIC AID ommendation is equal to the estimate. The Committee directs the Department to 2004 supplemental estimate $35,500,000 use funds from the Iraq Freedom Fund if the Committee recommenda- MISSILE PROCUREMENT, AIR FORCE requirements for CPA exceed the $858,200,000 tion ...... 35,500,000 2004 supplemental estimate $20,450,000 appropriated under this heading. Committee recommenda- The Committee recommends $35,500,000 for tion ...... 20,450,000 OPERATION AND MAINTENANCE, NAVY Overseas Humanitarian, Disaster, and Civic 2004 supplemental estimate $2,106,258,000 Aid. The recommendation is equal to the es- The Committee recommends $20,450,000 for Committee recommenda- timate. Missile Procurement, Air Force. The rec- tion ...... 1,976,258,000 IRAQ FREEDOM FUND ommendation is equal to the estimate. The Committee recommends $1,976,258,000 2004 supplemental estimate $1,988,600,000 OTHER PROCUREMENT, AIR FORCE for Operation and Maintenance, Navy. The Committee recommenda- 2004 supplemental estimate $3,441,006,000 recommendation is $130,000,000 below the es- tion ...... 1,988,600,000 Committee recommenda- timate. The Committee recommends $1,988,600,000 tion ...... 3,441,006,000 The Committee recommends a reduction of for the Iraq Freedom Fund. The rec- $130,000,000 to the estimate as follows: The Committee recommends $3,441,006,000 ommendation is equal to the estimate. for Other Procurement, Air Force. The rec- Excess increased operational tempo ...... ¥$130,000,000 PROCUREMENT ommendation is equal to the estimate. MISSILE PROCUREMENT, ARMY PROCUREMENT, DEFENSE-WIDE OPERATION AND MAINTENANCE, MARINE CORPS 2004 supplemental estimate $6,200,000 2004 supplemental estimate $435,635,000 2004 supplemental estimate $1,198,981,000 Committee recommenda- Committee recommenda- Committee recommenda- tion ...... 6,200,000 tion ...... 435,635,000 tion ...... 1,198,981,000 The Committee recommends $6,200,000 for The Committee recommends $435,635,000 for The Committee recommends $1,198,981,000 Missile Procurement, Army. The rec- Procurement, Defense-Wide. The rec- for Operation and Maintenance, Marine ommendation is equal to the estimate. ommendation is equal to the estimate.

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.002 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12223 RESEARCH, DEVELOPMENT, TEST AND The Committee recommends an additional ation Enduring Freedom, or Operation Noble EVALUATION $119,900,000 for Military Construction, Army, Eagle. RESEARCH, DEVELOPMENT, TEST AND to be used as follows: SEC. 306. The Committee recommendation EVALUATION, NAVY includes a provision that sustains the in- Base Camp Support Facilities, Iraq ...... $115,900,000 crease in the statutory maximum payable 2004 supplemental estimate $34,000,000 Planning and Design ...... 4,000,000 Committee recommenda- for Imminent Danger Pay and Family Sepa- tion ...... 34,000,000 ration Allowance. The Committee fully supports the adminis- SEC. 307. The Committee recommendation The Committee recommends $34,000,000 for tration’s request to provide adequate support includes a provision recommended by the Research, Development, Test and Evalua- facilities for United States soldiers serving Administration which allows the Depart- tion, Navy. The recommendation is equal to in base camps in Iraq, but is concerned that ment to make necessary accounting adjust- the estimate. project details and justifications contained ments to the Defense Emergency Response RESEARCH, DEVELOPMENT, TEST AND in the administration’s request for these fa- Fund. EVALUATION, AIR FORCE cilities were not sufficiently defined. The SEC. 308. The Committee recommendation 2004 supplemental estimate $39,070,000 Committee therefore directs that the Army includes a new provision that requires the Committee recommenda- brief the congressional defense committees Secretary of Defense to provide a report to tion ...... 39,070,000 on its final plans for these facilities before the Committees on Appropriations. obligating any of the military construction SEC. 309. The Committee recommendation The Committee recommends $39,070,000 for funds appropriated in this Act. includes a new provision that requires the Research, Development, Test and Evalua- MILITARY CONSTRUCTION, AIR FORCE Department of Defense to describe alter- tion, Air Force. The recommendation is natives for replacing the capabilities of the equal to the estimate. 2004 supplemental estimate $292,550,000 Committee recommenda- KC?135 fleet of aircraft. RESEARCH, DEVELOPMENT, TEST AND tion ...... 292,550,000 SEC. 310. The Committee recommendation EVALUATION, DEFENSE-WIDE includes a new provision which limits the 2004 supplemental estimate $265,817,000 The Committee recommends an additional use of procurement and research, develop- Committee recommenda- $292,550,000 for Military Construction, Air ment, test and evaluation funds. tion ...... 265,817,000 Force, to be used as follows: SEC. 311. The Committee recommendation includes a provision proposed by the Admin- The Committee recommends $265,817,000 for Airfield Runway Repair, Bagram, Afghanistan ...... $48,000,000 istration which allows the Department to Research, Development, Test and Evalua- Airfreight Terminal, Dover Air Force Base, Delaware ...... 56,000,000 use funds for supplies, services, transpor- AEF FOL Communications Remote Switch Facility, Diego tion, Defense-Wide. The recommendation is tation, and other logistical support of troops equal to the estimate. Garcia ...... 3,450,000 Munitions Maintenance, Storage, and Wash Pad, Camp supporting military and stability operations REVOLVING AND MANAGEMENT FUNDS Darby, Italy ...... 5,000,000 in Iraq. WORKING CAPITAL FUNDS, DEFENSE-WIDE Ramp and Fuel Hydrant System, Al Dhafra, United Arab SEC. 312. The Committee recommends a 2004 supplemental estimate $600,000,000 Emirates ...... 47,000,000 provision proposed by the Administration Committee recommenda- Airlift Ramp, Balad Air Base, Iraq ...... 18,000,000 which allows training and equipping the Af- Airlift Aprons (Confidential Location) ...... 17,500,000 tion ...... 600,000,000 ghanistan National Army and the New Iraqi Tactical/Strategic Ramp Expansion, Al Udeid Air Base, Army. Qatar ...... 20,000,000 The Committee recommends $600,000,000 for SEC. 313. The Committee recommendation Defense Working Capital Funds. The rec- Refueler Ramp, Al Udeid Air Base, Qatar ...... 40,000,000 Temporary Cantonment Area, Al Dhafra Air Base, United includes a provision requiring a report on ommendation is equal to the estimate. Arab Emirates ...... 15,300,000 military readiness. NATIONAL DEFENSE SEALIFT FUND Planning and Design ...... 22,300,000 SEC. 314. The Committee recommendation 2004 supplemental estimate $24,000,000 includes a provision regarding the exemption Committee recommenda- The Committee supports the administra- of certain members of the Armed Forces tion ...... 24,000,000 tion’s request for additional military con- from the requirement to pay subsistence struction funds for Air Force facilities in charges while hospitalized. The Committee recommends $24,000,000 for Southwest Asia. However, while the Air SEC. 315. The Committee recommends a the National Defense Sealift Fund. The rec- Force has provided detail about specific general provision which provides the Sec- ommendation is equal to the estimate. projects, it has provided little information retary of Defense with additional authority OTHER DEPARTMENT OF DEFENSE about its overall plan for facilities in the for contingency military construction ex- PROGRAMS theater of operations and how projects con- penses necessary to protect against or re- DEFENSE HEALTH PROGRAM tained in the supplemental request fit into spond to acts of terrorism, or to support De- 2004 supplemental estimate $658,380,000 that plan. The Committee therefore directs partment of Defense operations in Iraq. Committee recommenda- the Air Force to report to the congressional TITLE II—INTERNATIONAL AFFAIRS tion ...... 658,380,000 defense committees, in both classified and CHAPTER 1 unclassified form, on its master plan for fa- The Committee recommends $658,380,000 for cilities in the Central Command area of re- SUBCOMMITTEE ON COMMERCE, JUSTICE, AND the Defense Health Program. The rec- sponsibility, including the planned disposi- STATE, THE JUDICIARY, AND RELATED AGEN- ommendation is equal to the estimate. tion of aircraft and personnel, no later than CIES DRUG INTERDICTION AND COUNTER-DRUG December 1, 2003. DEPARTMENT OF STATE ACTIVITIES, DEFENSE CHAPTER 3 ADMINISTRATION OF FOREIGN AFFAIRS 2004 supplemental estimate $73,000,000 GENERAL PROVISIONS, THIS TITLE DIPLOMATIC AND CONSULAR PROGRAMS Committee recommenda- (INCLUDING RESCISSION) tion ...... 73,000,000 SEC. 301. The Committee recommendation amends a provision proposed by the Adminis- 2004 supplemental estimate $76,300,000 The Committee recommends $73,000,000 for tration which allows the Department of De- Committee recommenda- Drug Interdiction and Counter-Drug Activi- fense to reimburse the Services for a draw- tion ...... 35,800,000 ties, Defense. The recommendation is equal down authority under the Afghanistan Free- The Committee recommends a rescission to the estimate. dom Support Act of 2002. and re-appropriation of $35,800,000 for the RELATED AGENCIES SEC. 302. The Committee recommendation modifies a provision proposed by the Admin- costs of security and operations related to INTELLIGENCE COMMUNITY MANAGEMENT the establishment of United States diplo- ACCOUNT istration which provides the Secretary of De- fense with additional transfer authority. matic presences in Iraq and Afghanistan. 2004 supplemental estimate $21,500,000 The recommendation is $40,500,000 below the SEC. 303. The Committee recommendation Committee recommenda- includes a provision proposed by the Admin- request. The problem of Machine Readable tion ...... 21,500,000 istration which provides specific authoriza- Visa [MRV] fee shortfalls is addressed under The Committee recommends $21,500,000 for tion for the funds appropriated in this title the Emergencies in the Diplomatic and Con- the Intelligence Community Management for intelligence activities. sular Service account. Funds previously ap- propriated under this heading in the Emer- Account. The recommendation is equal to SEC. 304. The Committee recommendation the estimate. includes a new provision regarding the alter- gency Wartime Supplemental Appropriations Act of 2003 are subject to the standard re- CHAPTER 2 ation of command responsibility or perma- nent assignment of forces. programming procedures set forth in section SUBCOMMITTEE ON MILITARY CONSTRUCTION SEC. 305. The Committee recommendation 605, Division B of Public Law 108–7. MILITARY CONSTRUCTION includes a provision proposed by the Admin- EMBASSY SECURITY, CONSTRUCTION, AND MILITARY CONSTRUCTION, ARMY istration which sustains existing authority MAINTENANCE 2004 supplemental estimate $119,900,000 to cover travel and transportation benefits 2004 supplemental estimate $60,500,000 Committee recommenda- for family members of military personnel in- Committee recommenda- tion ...... 119,900,000 jured during Operation Iraqi Freedom, Oper- tion ......

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.002 S01PT1 S12224 CONGRESSIONAL RECORD — SENATE October 1, 2003 The Committee does not recommend any The Committee provides $60,500,000 for an The Committee also recommends that orga- funding for Embassy security, construction additional amount for the Capital Invest- nizations with experience in post-conflict and maintenance. The recommendation is ment Fund for safe and secure facilities in governance matters—such as the United $60,500,000 below the supplemental budget re- Afghanistan, Iraq, and elsewhere. States Institute of Peace—be utilized in re- quest. The request included $60,500,000 to OTHER BILATERAL ECONOMIC construction efforts in Iraq and Afghanistan. construct an interim United States diplo- ASSISTANCE The Committee recommends that not less matic facility in Iraq. The Committee re- FUNDS APPROPRIATED TO THE than $2,000,000 be made available to support minds the Department that $61,500,000 was PRESIDENT organizations working in Iraq, Afghanistan provided for this purpose in Public Law 108– and other complex humanitarian emergency IRAQ RELIEF AND RECONSTRUCTION FUND 11, the Emergency Wartime Supplemental and war settings, to apply public health Appropriations Act of 2003. The Committee is (INCLUDING TRANSFERS OF FUNDS) strategies and epidemiology to mitigate the aware of the Department’s reprogramming 2004 supplemental estimate $20,304,000,000 impact of the conflict on civilian popu- request to utilize $43,900,000 of these funds to Committee recommenda- lations. Programs supported should include construct an interim facility for United tion ...... 20,304,000,000 those which collect, analyze, and use multi- States Agency for International Develop- The Committee provides $20,304,000,000 for sector data for programmatic decision-mak- ment and other United States Government the Iraq Relief and Reconstruction Fund for ing and evaluation of assistance programs employees engaged in reconstruction efforts security, rehabilitation and reconstruction during and after conflict. in Afghanistan and $16,600,000 of these funds in Iraq. ECONOMIC SUPPORT FUND to cover the personnel, transportation, and The Committee notes that funds appro- equipment costs of United States Govern- 2004 supplemental estimate $422,000,000 priated under this heading are subject to the ment officials tasked with advising the Af- Committee recommenda- regular notification procedures of the Com- ghan transitional government on reconstruc- tion ...... 422,000,000 mittees on Appropriations, except that noti- tion. This request is contained under the fication shall be transmitted at least 5 days The Committee provides $422,000,000 for an ‘‘Capital investment fund’’ of chapter 2 of in advance of the obligation of funds. The additional amount for Economic Support this title. Also, the Committee approves the Committee also provides that funds allo- Fund (ESF) for accelerated assistance for Af- Department’s reprogramming request to uti- cated under this heading for programs and ghanistan. lize $14,500,000 under Worldwide Security Up- sectors may be reallocated by the President The Committee also provides authority to grades for security requirements in Afghani- for those programs and sectors. use up to $200,000,000 in Economic Support stan, and directs that these funds only be The Committee strongly supports pro- Funds contained in the Foreign Operations, used for the security of the main United grams and activities to promote freedom, Export Financing, and Related Programs Ap- States Embassy compound and security as- democratic institutions, and the rule of law propriations Act, 2004 for debt reduction for sistance to United Nations offices and per- in Iraq and provides that not less than Pakistan. sonnel and non-governmental organization $100,000,000 shall be made available for de- offices and personnel. The Committee recognizes the progress of mocracy building activities in that country Internews in the establishment of inde- EMERGENCIES IN THE DIPLOMATIC AND in support of the development and ratifica- pendent news media in Afghanistan. How- CONSULAR SERVICE tion of a constitution, national elections and ever, absent additional long-term support op- 2004 supplemental estimate $50,000,000 women’s development programs. The Com- portunities for advancement may be lost. Committee recommenda- mittee directs that not less than $5,000,000 be The Committee recommends that additional tion ...... 90,500,000 made available to Iraqi nongovernmental or- funds be made available for the expansion of The Committee recommends $90,500,000 for ganizations in Iraq in a timely manner, in local stations to regional stations, the estab- Emergencies in the Diplomatic and Consular grants of up to $100,000. The Committee also lishment of national independent broad- Service. The recommendation is $40,500,000 expects sufficient funding to be provided to casting, and support for daily news pro- above the supplemental budget request. the National Endowment for Democracy, the grams. Funds provided under this heading will en- International Republican Institute and the The Committee directs that not less than sure that rewards of up to $25,000,000 may be National Democratic Institute for political $15,000,000 be made available for media out- paid for Osama bin Laden and Saddam Hus- party and other democracy building activi- reach activities in Afghanistan that utilizes sein. The recommendation also includes lan- ties. low cost, advanced technology tools. The Committee recommends not less than guage directing that $2,000,000 of previously In addition to other purposes for which $20,000,000 for media outreach activities in appropriated funds be made available for a ESF assistance is used in Afghanistan, not Iraq that utilizes low cost, advanced tech- reward for the person deemed most respon- less than $5,000,000 should be made available nology tools. sible by the Special Court for Sierra Leone through appropriate humanitarian organiza- The Committee recommends $5,000,000 for a for the war crimes, crimes against humanity, tions for additional food, clothing, heating program, such as that administered by the and serious violations of international hu- and cooking fuel, emergency shelter mate- International Commission on Missing Per- manitarian law that took place during Si- rials, and other basic necessities for dis- sons, to locate, recover, and identify Iraqis erra Leone’s civil war. The recommendation placed Afghans in Kabul. missing as a result of authoritarian rule or also includes language directing that conflict. UNITED STATES EMERGENCY FUND FOR $8,451,000 in carryover balances be trans- The Committee again provides that funds COMPLEX FOREIGN CRISES ferred to and merged with the Diplomatic shall be made available for Iraqi civilians and Consular Programs account for the De- 2004 supplemental estimate $100,000,000 who suffer losses as a result of military oper- partment’s consular, or ‘‘border security’’ Committee recommenda- ations in Iraq. The Committee supports the operations. tion ...... 100,000,000 provision of medical, rehabilitation, shelter, CHAPTER 2 microcredit and other appropriate assistance The Committee provides $100,000,000 for the SUBCOMMITTEE ON FOREIGN OPERATIONS, to these individuals. The Committee expects United States Emergency Fund for Complex EXPORT FINANCING, AND RELATED PROGRAMS all relevant agencies and organizations to Foreign Crises. While the Committee under- BILATERAL ECONOMIC ASSISTANCE coordinate efforts in providing this assist- stands the need for flexibility in meeting un- ance. foreseen complex foreign crises, it includes FUNDS APPROPRIATED TO THE congressional notification for these funds, PRESIDENT The Committee recognizes that conflict and decades of neglect devastated Iraq’s which may be waived if human health or wel- UNITED STATES AGENCY FOR INTERNATIONAL health infrastructure, resulting in a lack of fare is at substantial risk. DEVELOPMENT medical equipment and supplies, and health Among other activities, the Committee ex- OPERATING EXPENSES OF THE UNITED STATES professionals with expertise in pediatric pects these funds to support operations and AGENCY FOR INTERNATIONAL DEVELOPMENT medical specialties. The Committee is con- programs to prevent or respond to foreign 2004 supplemental estimate $40,000,000 cerned that children with critical health territorial disputes, armed ethnic and civil Committee recommenda- problems cannot obtain life-saving treat- conflicts that pose threats to regional and tion ...... 40,000,000 ments in Iraq. The Committee strongly sup- international peace, and acts of ethnic ports activities that can have an immediate cleansing, mass killing or genocide. In addi- The Committee provides $40,000,000 for an impact in addressing the needs of these chil- tion, the Committee supports the use of additional amount for Operating Expenses of dren, such as the Emergency Health Services these funds for peace and humanitarian ef- the United States Agency for International for the Children of Iraq program sponsored forts, such as required in Liberia. Development for costs associated with recon- jointly by Kurdish Human Rights Watch and struction and other activities in Iraq and Af- DEPARTMENT OF STATE Vanderbilt University Children’s Hospital. ghanistan. The Committee notes the important con- INTERNATIONAL NARCOTICS CONTROL AND LAW CAPITAL INVESTMENT FUND tributions that nongovernmental organiza- ENFORCEMENT 2004 supplemental estimate ...... tions have made to relief and reconstruction 2004 supplemental estimate $120,000,000 Committee recommenda- efforts in Iraq, and urges that they be uti- Committee recommenda- tion ...... $60,500,000 lized to the maximum extent practicable. tion ...... 120,000,000

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0655 E:\CR\FM\A01OC6.002 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12225 The Committee provides $120,000,000 for an force, or forces from other countries in Iraq COMPLIANCE WITH PARAGRAPH 12, additional amount in International Nar- supporting United States efforts in Iraq. The RULE XXVI OF THE STANDING RULES cotics Control and Law Enforcement assist- Committee notes that other official security OF THE SENATE ance for Afghanistan. The Committee ex- forces include Ministry of Interior forces, Paragraph 12 of rule XXVI requires that pects $110,000,000 to be used to train, equip, border guards, and civil defense forces. The Committee reports on a bill or joint resolu- and deploy additional police in Afghanistan, Committee also notes that a private security tion repealing or amending any statute or and $10,000,000 to be used to support the force include those providing security serv- part of any statute include ‘‘(a) the text of training of prosecutors, public defenders and ices to contractors, nongovernmental organi- the statute or part thereof which is proposed judges in Afghanistan and to meet infra- zations or other organizations affiliated with to be repealed; and (b) a comparative print of structure needs of the Afghan legal sector. United States efforts in Iraq. that part of the bill or joint resolution mak- NONPROLIFERATION, ANTI-TERRORISM, SEC. 2306. The Committee extends key pro- ing the amendment and of the statute or DEMINING AND RELATED PROGRAMS visions of Public Law 107–57 regarding re- part thereof proposed to be amended, show- 2004 supplemental estimate $35,000,000 strictions that would otherwise limit assist- ing by stricken-through type and italics, Committee recommenda- ance to Pakistan. parallel columns, or other appropriate typo- tion ...... 35,000,000 SEC. 2307. The Committee includes author- graphical devices the omissions and inser- ity to allow the Overseas Private Investment tions which would be made by the bill or The Committee provides $35,000,000 for an Corporation to provide political risk insur- joint resolution if enacted in the form rec- additional amount for Nonproliferation, ance, direct loans, and guarantees in Iraq. ommended by the committee.’’ Anti-Terrorism, Demining and Related Pro- SEC. 2308. The Committee includes a notifi- In compliance with this rule, the following grams to support anti-terrorism training and cation requirement for certain accounts changes in existing law proposed to be made equipment needs in Afghanistan. under chapter 2 of this title. by the bill are shown as follows: existing law MILITARY ASSISTANCE SEC. 2309. The Committee provides that the to be omitted is enclosed in black brackets; Secretary of State shall submit a report on FUNDS APPROPRIATED TO THE new matter is printed in Italics; and existing a monthly basis detailing Iraq oil production PRESIDENT law in which no change is proposed is shown and oil revenues. FOREIGN MILITARY FINANCING PROGRAM in Roman. SEC. 2310. The Committee directs that none 2004 supplemental estimate $222,000,000 of the funds in this Act may be used to pay With respect to this bill, it is the opinion Committee recommenda- debts incurred by the former government. of the Committee that it is necessary to dis- tion ...... 222,000,000 pense with these requirements in order to ex- TITLE III—GENERAL PROVISION, THIS pedite the business of the Senate. The Committee provides $222,000,000 for the ACT Foreign Military Financing Program. The BUDGETARY IMPACT SEC. 3001. The Committee recommends Committee strongly supports the use of that all the funds in the bill be designated by Section 308(a)(1)(A) of the Congressional these funds to accelerate assistance to build the Congress as emergency requirements Budget and Impoundment Control Act of 1974 the new Afghanistan army. pursuant to section 502 of House Concurrent (Public Law 93–344), as amended, requires PEACEKEEPING OPERATIONS Resolution 95 (108th Congress), the fiscal that the report accompanying a bill pro- 2004 supplemental estimate $50,000,000 year 2004 concurrent resolution on the budg- viding new budget authority contain a state- Committee recommenda- et, as proposed by the President. ment detailing how that authority compares tion ...... 50,000,000 COMPLIANCE WITH PARAGRAPH 7, RULE with the reports submitted under section 302 The Committee provides $50,000,000 for an XVI OF THE STANDING RULES OF THE of the act for the most recently agreed to additional amount for Peacekeeping Oper- SENATE concurrent resolution on the budget for the fiscal year. All the funds provided in this bill ations to support multinational peace- Paragraph 7 of rule XVI requires that Com- are designated by Congress as emergency re- keeping needs in Iraq and other unantici- mittee reports on general appropriations quirements. pated peacekeeping crises. bills identify, with particularity, each Com- CHAPTER 3 mittee amendment to the House bill ‘‘which FIVE-YEAR PROJECTION OF OUTLAYS GENERAL PROVISIONS, THIS TITLE proposes an item of appropriation which is In compliance with section 308(a)(1)(C) of not made to carry out the provisions of an SEC. 2301. The Committee includes transfer the Congressional Budget Act of 1974 (Public existing law, a treaty stipulation, or an act authority between accounts in chapter 2 of Law 93–344), as amended, the following table or resolution previously passed by the Sen- this title, with the total amount authorized contains 5-year projections associated with ate during that session.’’ to be transferred not to exceed $200,000,000. the budget authority provided in the accom- The accompanying bill contains the fol- The Committee directs that it be consulted panying bill: lowing items which lack authorization: before this authority is exercised. The Com- The Committee is filing an original bill. Millions of mittee includes the same notification re- dollars quirement as contained in section 501 of Pub- COMPLIANCE WITH PARAGRAPH 7(C), lic Law 108–11. RULE XXVI OF THE STANDING RULES Budget authority: Fiscal year 2004 ...... 87,004 SEC. 2302. The Committee includes author- OF THE SENATE Outlays: ity permitting assistance or other financing Pursuant to paragraph 7(c) of rule XXVI, Fiscal year 2004 ...... 36,695 Fiscal year 2005 ...... 33,098 contained in chapter 2 of this title for Iraq on September 30, 2003, the Committee or- Fiscal year 2006 ...... 11,721 notwithstanding any other provision of law. dered reported S. 1689, an original bill mak- Fiscal year 2007 ...... 3,037 SEC. 2303. The Committee includes author- ing emergency appropriations Iraq and Af- Fiscal year 2008 and future years ...... 1,872 ity to allow appropriations provided in chap- ghanistan security and reconstruction for Note: The above table includes both mandatory and discretionary appro- ter 2 of this title to be made available with- the fiscal year ending September 30, 2004, priations. out specific authorization of such appropria- subject to amendment and subject to the tion. budget allocation, by a recorded vote of 29–0, ASSISTANCE TO STATE AND LOCAL SEC. 2304. The Committee extends section a quorum being present. The vote was as fol- GOVERNMENTS 1503 of Public Law 108–11 through September lows: In accordance with section 308(a)(1)(D) of 30, 2005. The Committee notes that extending YEAS the Congressional Budget Act of 1974 (Public the inapplicability of section 307 of the For- Chairman Mr. Bennett Mr. Harkin Law 93–344), as amended, the financial assist- eign Assistance Act of 1961 is particularly Stevens Mr. Campbell Ms. Mikulski ance to State and local governments is as important as the United States pursues long- Mr. Cochran Mr. Craig Mr. Reid follows: range efforts to assist Iraq and marshal re- Mr. Specter Mrs. Hutchison Mr. Kohl sources from the international community. Mr. Domenici Mr. DeWine Mrs. Murray Millions of SEC. 2305. The Committee amends the first Mr. Bond Mr. Brownback Mr. Dorgan dollars Mr. McConnell Mr. Byrd Mrs. Feinstein proviso of section 1504 of Public Law 108–11 Mr. Burns Mr. Inouye Mr. Durbin New budget authority ...... to include Iraqi military, private security Mr. Shelby Mr. Hollings Mr. Johnson Fiscal year 2004 outlays ...... force, other official security forces, police Mr. Gregg Mr. Leahy Ms. Landrieu

VerDate jul 14 2003 02:19 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.002 S01PT1 S12226 CONGRESSIONAL RECORD — SENATE October 1, 2003 COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL [In thousands of dollars]

Committee rec- ommendation com- Doc. Supplemental Committee pared with supple- No. estimate recommendation mental estimate (∂ or ¥)

TITLE I NATIONAL SECURITY CHAPTER 1 DEPARTMENT OF DEFENSE Military Personnel 108–126 Military Personnel, Army (emergency) ...... 12,858,870 12,858,870 ...... 108–126 Military Personnel, Navy (emergency) ...... 816,100 816,100 ...... 108–126 Military Personnel, Marine Corps (emergency) ...... 753,190 753,190 ...... 108–126 Military Personnel, Air Force (emergency) ...... 3,384,700 3,384,700 ...... Total, Military Personnel ...... 17,812,860 17,812,860 ...... Operation and Maintenance 108–126 Operation and Maintenance, Army (emergency) ...... 24,190,464 ...... ¥24,190,464 — (Contingent emergency appropriations) ...... 24,946,464 ∂24,946,464 108–126 Operation and Maintenance, Navy (emergency) ...... 2,106,258 1,976,258 ¥130,000 108–126 Operation and Maintenance, Marine Corps (emergency) ...... 1,198,981 1,198,981 ...... 108–126 Operation and Maintenance, Air Force (emergency) ...... 5,948,368 5,516,368 ¥432,000 108–126 Operation and Maintenance, Defense-Wide (emergency) ...... 4,618,452 4,218,452 ¥400,000 108–126 Operation and Maintenance, Marine Corps Reserve (emergency) ...... 16,000 16,000 ...... 108–126 Operation and Maintenance, Air Force Reserve (emergency) ...... 53,000 53,000 ...... 108–126 Operation and Maintenance, Air National Guard (emergency) ...... 214,000 214,000 ...... 108–126 Operation and Maintenance, Overseas Humitarian, Disaster, Civic Aid (emergency) ...... 35,500 35,500 ...... 108–126 Operation and Maintenance, Iraq Freedom Fund (emergency) ...... 1,988,600 1,988,600 ...... Total, Operation and Maintenance ...... 40,369,623 40,163,623 ¥206,000 Procurement 108–126 Missile Procurement, Army (emergency) ...... 6,200 6,200 ...... 108–126 Procurement of Weapons and Tracked Combat Vehicles, Army (emergency) ...... 46,000 ...... ¥46,000 — (Contingent emergency appropriations) ...... 104,000 ∂104,000 108–126 Other Procurement, Army (emergency) ...... 930,687 ...... ¥930,687 — (Contingent emergency appropriations) ...... 1,078,687 ∂1,078,687 108–126 Aircraft Procurement, Navy (emergency) ...... 128,600 128,600 ...... 108–126 Other Procurement, Navy (emergency) ...... 76,357 76,357 ...... 108–126 Procurement, Marine Corps (emergency) ...... 123,397 123,397 ...... 108–126 Aircraft Procurement, Air Force (emergency) ...... 40,972 40,972 ...... 108–126 Missile Procurement, Air Force (emergency) ...... 20,450 20,450 ...... 108–126 Other Procurement, Air Force (emergency) ...... 3,441,006 3,441,006 ...... 108–126 Procurement, Defense-Wide (emergency) ...... 435,635 435,635 ...... Total, Procurement ...... 5,249,304 5,455,304 ∂206,000 Research, Development, Test and Evaluation 108–126 Research, Development, Test and Evaluation, Navy (emergency) ...... 34,000 34,000 ...... 108–126 Research, Development, Test and Evaluation, Air Force (emergency) ...... 39,070 39,070 ...... 108–126 Research, Development, Test and Evaluation, Defense-Wide (emergency) ...... 265,817 265,817 ...... Total, Research, Development, Test and Evaluation ...... 338,887 338,887 ...... Revolving and Management Funds 108–126 Defense Working Capital fund (emergency) ...... 600,000 600,000 ...... 108–126 National Defense Sealift fund (emergency) ...... 24,000 24,000 ...... Total, Revolving and Management Funds ...... 624,000 624,000 ...... Other Department of Defense Programs 108–126 Defense Health Program (emergency) ...... 658,380 658,380 ...... 108–126 Drug Interdiction and Counter-Drug Activities, Defense (emergency) ...... 73,000 73,000 ...... Total, Other Department of Defense Programs ...... 731,380 731,380 ...... Related Agencies 108–126 Intelligence Community Management Account (emergency) ...... 21,500 21,500 ...... Total, Chapter 1 ...... 65,147,554 65,147,554 ...... Emergency appropriations ...... (65,147,554) (39,018,403) (¥26,129,151) Contingent emergency appropriations ...... (26,129,151) (∂26,129,151)

CHAPTER 2 MILITARY CONSTRUCTION 108–126 Military construction, Army (emergency) ...... 119,900 119,900 ...... 108–126 Military construction, Air Force (emergency) ...... 292,550 292,550 ...... Total, Chapter 2 ...... 412,450 412,450 ......

Total, TITLE I ...... 65,560,004 65,560,004 ...... Emergency appropriations ...... (65,560,004) (39,430,853) (¥26,129,151) Contingent emergency appropriations ...... (26,129,151) (∂26,129,151)

TITLE II INTERNATIONAL SECURITY CHAPTER 1 DEPARTMENT OF STATE Administration of Foreign Affairs 108–126 Diplomatic and Consular programs (emergency) ...... 40,500 35,800 ¥4,700 108–126 Reappropriation ...... 35,800 ...... ¥35,800 — Rescission ...... ¥35,800 ¥35,800 108–126 Embassy Security, Construction and Maintenance (emergency) ...... 60,500 ...... ¥60,500 108–126 Emergencies in the diplomatic and consular service (emergency) ...... 50,000 ...... ¥50,000 — (Contingent emergency appropriations) ...... 90,500 ∂90,500 Total, Administration of Foreign Affairs ...... 186,800 90,500 ¥96,300 Total, Chapter 1 ...... 186,800 90,500 ¥96,300 Emergency appropriations ...... (186,800) (35,800) (¥151,000) Contingent emergency appropriations ...... (90,500) (∂90,500) Rescissions ...... (¥35,800) (¥35,800)

CHAPTER 2 BILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT United States Agency for International Development 108–126 Operating expenses of the United States Agency for International Development (emergency) ...... 40,000 40,000 ...... Capital Investment Fund — Capital Investment Fund (contingent emergency appropriations) ...... 60,500 ∂60,500 OTHER BILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT 108–126 Iraq relief and reconstruction fund (emergency) ...... 20,304,000 20,304,000 ...... 108–126 Economic support fund (emergency) ...... 422,000 422,000 ...... 108–126 United States Emergency Fund for Complex Foreign Crises (emergency) ...... 100,000 100,000 ......

VerDate jul 14 2003 02:19 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.002 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12227 COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL—Continued [In thousands of dollars]

Committee rec- ommendation com- Doc. ? Supplemental Committee pared with supple- No. estimate recommendation mental estimate (∂ or ¥)

DEPARTMENT OF STATE 108–126 International narcotics control and law enforcement (emergency) ...... 120,000 120,000 ...... 108–126 Nonproliferation, antiterrorism, demining and related programs (emergency) ...... 35,000 35,000 ...... MILITARY ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT 108–126 Foreign Military Financing Program (emergency) ...... 222,000 222,000 ...... 108–126 Peacekeeping operations (emergency) ...... 50,000 50,000 ...... Total, Chapter 2 ...... 21,293,000 21,353,500 ∂60,500 Emergency appropriations ...... (21,293,000) (21,293,000) ...... Contingent emergency appropriations ...... (60,500) (∂60,500)

Total, TITLE II ...... 21,479,800 21,444,000 ¥35,800 Emergency appropriations ...... (21,479,800) (21,328,800) (¥151,000) Contingent emergency appropriations ...... (151,000) (∂151,000) Rescissions ...... (¥35,800) (¥35,800)

GRAND TOTAL (net) ...... 87,039,804 87,004,004 ¥35,800 Emergency appropriations ...... (87,039,804) (60,759,653) (¥26,280,151) Contingent emergency appropriations ...... (26,280,151) (∂26,280,151) Rescissions ...... (¥35,800) (¥35,800)

Mr. COCHRAN. Mr. President, I sug- We adopted the schools because they were dren—and that is what the money will gest the absence of a quorum. close to our safe houses. The first thing we go for. So we are going to be debating The PRESIDING OFFICER. The did was go around and assess the electrical why we need $20 billion to rebuild Iraq. clerk will call the roll. and plumbing situation. It was a mess. It is for the national security of the The assistant legislative clerk pro- The Army called in Air Force elec- United States that these children start ceeded to call the roll. tricians to help get the school ready school, that our great volunteers help Mrs. HUTCHISON. Mr. President, I for business. TSgt Jack Vollriede, an them do it, because if we can get these ask unanimous consent that the order electrician from the 506th ECES, said children educated and a quality of life, for the quorum call be rescinded. Air Force electricians were already and an economy for the people of Iraq, The PRESIDING OFFICER. Without working in the area on Army safe those terrorists will not have a safe objection, it is so ordered. houses when they heard about the haven. Those terrorists will be driven Mrs. HUTCHISON. Mr. President, I project. away by the Iraqi people because they wish to take this time to talk about The Army asked us if we would check out will see the difference in their lives some of the successes that our wonder- the electrical work being done at the school. when they have freedom versus when ful military uniformed personnel are I saw the work needing (to be) done was very similar to what I do in my civilian job back they live under a tyrant or when they having in Iraq. We see a lot on the tele- home so I asked others in my shop to volun- have terrorists in their midst. vision that looks like things are in teer and help out with the project. I yield the floor. chaos, and in some places they are. Since mid-September, more than 10 The PRESIDING OFFICER. The Sen- ator from Montana. I want to talk about some of the good electricians have been working daily to Mr. BURNS. Before the Senator from things because I think as we take up get the schools up and running. this supplemental appropriation, we Texas leaves the floor, I do not know Vollriede said it was hard at first to where she got hold of that poster, but are going to be talking about what this find the right parts, but the team man- money is going for and why we need to I have said ever since the invasion aged to accomplish a great deal in a started, and the assault towards Bagh- put $20 billion into rebuilding Iraq. short period of time. This picture illustrates so well what dad, our greatest ambassadors, who are We have completed five electrical service on the ground and are still there today, we are going to be doing with this panel replacements, installed emergency money and why we need that $20 billion are our warriors. The effects of our ac- lighting, fixed all the interior lighting, and tion in Iraq will not really be felt for to help us rebuild Iraq. even fixed the school bell. We are now work- The schools are starting today in ing on installing grounded outlets for com- another 10 years or so. When the young Iraq. Millions of schoolchildren are be- puters in all the classrooms and offices. folks seen in that poster become adult ginning to go to school today. Accord- I know the Senator from Montana is age, they will remember that warrior ing to TSgt Mark Getsy from the 506th in the Chamber and is scheduled to who walked up to them, dusty, sandy, Air Expeditionary Group, these chil- speak. I will yield to him as soon as he dirty, greasy, ladened with armor, weapons and goggles on his helmet; yet dren have been climbing the gates for is ready, but I first will say how impor- they reached out the hand of friendship weeks, climbing the gates because they tant this is. It is happening all over in the form of a bottle of water or a are so excited that they are going to Iraq. These Army and Air Force volun- candy bar. get to go to school. Why are they ex- teers are coming in and fixing the One must remember these young cited? Why are they able to go to schools so that these children can start folks were hunkered down in their school? learning, not just the limited knowl- homes and told how evil this Army was I will give some instances of how suc- edge that they had during Saddam Hus- that was approaching their area. When cessful we are. Air Force and Army vol- sein’s time but knowledge of the world, the Army arrived, they found out those unteers have extended a helping hand knowledge of freedom, knowledge of things they had been deprived of, the to these children for weeks so that other horizons that they will be able to bare essentials to survive the last few their education can be in the best pos- share when they get their education. days, were available and had come sible facilities. Members of the Air They know it and they are excited from the hand of an American soldier Force’s 506th Expeditionary Civil Engi- about it. It is something that America or marine. That is why we hear so neer Squadron at Kirkuk Air Base and is providing. many of our military on the ground the Army’s Battle Companies 2nd Bat- The $20 billion that we are going to today telling us to rebuild the infra- talion, 503rd Airborne, have teamed up be voting on in the $87 billion package structure, bring back the central serv- to renovate two schools in the local is going to encompass projects like this ices so these people can live, improve area. The first school is a model for the that will start the process for the Iraqi their quality of life, and rebuild their rest of the Kirkuk schools, and it is people to have a better quality of life, own country. opening today. educated children—what every person To a man, all the military people I Said 1SG Richard Weik, the Army in the world would like to have: qual- have visited with who have come home project officer: ity of life and education for their chil- have said that.

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.002 S01PT1 S12228 CONGRESSIONAL RECORD — SENATE October 1, 2003 Mrs. HUTCHISON. Mr. President, re- of central services, the very basics of There were some very good ideas. Some sponding to the comments of the Sen- our community. He only had about 60 were premature. Some will be consid- ator from Montana, he could not be on percent or 70 percent capacity to ered here on the floor of the Senate and target any more. I hear the same thing produce as much electricity for his they will be argued on their own mer- from the men and women who return, country as he needed. So if he didn’t its. the men and women I talked to when I like you, or you made him mad, or you But when we take a look at the over- was in Iraq and Afghanistan. I agree came from the wrong side of the creek, all package, it is a pretty solid package with the Senator that it is those won- you didn’t get electricity. If anybody that we extend toward these people derful, clean-cut, all-American soldiers wanted centrally controlled health who now stand in harm’s way, who now who give the best possible image of our care? He had it. He rationed it. He used risk some disdain from their neighbors country. it to control. Water, whatever the cen- for joining a police force or a militia This picture is of a soldier from A tral services, his infrastructure was in that will stand for good. It takes some Company, the 101st Airborne Division. complete disarray. But he liked it like bravery to do that, in a land where ter- He is handing out school supplies. The that. So he had to go, that tyrant— rorism and death and destruction have A Company took up a collection in the mass graves, history of gassing people, been commonplace for the last 2 dec- town of Mosul. They went to the local killing people, raiding his neighbors. ades. economy and they bought school sup- So we didn’t start this fight. We are We will be that steel in their back- plies for these children to be able to sure going to conclude it. We are sure bone. But we also have to give them have pencils, erasers, and paper when going to develop a country of people the funds with which to build. They they go to school. One could not ask who desire to be free and to live, to have made the decision. There are polls for better ambassadors. They did it educate and to raise their kids in a free which indicate that. They have made from their own pockets because they society. Representative government the decision to stand for good and right know what we are doing in this coun- has already taken over in Iraq. and freedom. That is what this bill is try is important for the security of the The overwhelming majority of these all about. It may be characterized in American people. funds, of course, go to our military in many ways, but I think it is America’s Mr. BURNS. That is the genius of our this particular piece of supplemental best hour. To establish another democ- country, when we look at it. We have funds for Iraq and Afghanistan. racy in the Middle East where basically always lived for the next generation. But those who would deny them free- there is only one, to expand those free- Our mothers and fathers wanted us to doms and opportunities, and control doms now to the other side of the river, be educated better than they were. them through fear, understand what it is a noble and just thing to do. I was raised on a small farm in the this is about. It is about people who are I thank the Chair for the time to ex- Midwest before I went to Montana in charge of their own destiny and are press my views about the importance when I was 18. The generation before us not afraid to stand for freedom or die of this legislation. Their values are not wanted us to be educated better than for the next generation. That is what it much different than ours: Their fami- they were. They wanted us to start up is all about. That is what this Presi- lies, their kids, their country. Our abil- the economic ladder a little bit better dent envisioned when we were hit on 9/ ity to fix irrigation systems and com- than they started. I was a product of 11. He didn’t ask for those planes to fly munication systems so they can talk, the Great Depression in the 1930s. In into the World Trade Center or hit the and a system within which they can doing that in the family unit, of living Pentagon or the plane that crashed in feed themselves, and have something to for the next generation, this system Pennsylvania. He didn’t ask for the say about their own destiny, that is a has afforded the highest quality of life first attack on the World Trade Center. noble cause. That is an American and standard of living for more of its He didn’t ask for the attacks on the cause. That is what we are all about. citizens than any other society that USS Cole, Khobar Towers, our embas- I yield the floor. has been developed on the face of this sies around the world. The PRESIDING OFFICER. The planet. That is what makes this par- There is no negotiating with folks Democratic leader. ticular mission in Iraq, in the Middle who use fear to control. For, if we fail Mr. DASCHLE. Mr. President, today East, very important. Those young here, the battle line is probably our we begin the most consequential na- people who met and have a very posi- own country. Since the Civil War, not tional security debate in a generation. tive view of Americans, who are the a shot has been fired here. We have al- At stake is more than just the fate of young ages of 8, 9, 10, 11, 12—the most ways carried the fight to the enemy’s $87 billion in spending. impressionable years of a young per- ground. That is what it is all about. This debate will speak to the lives of son’s life—will never forget that. That Representative government in small hundreds of thousands of our men and will be burned in their brains. There towns and political bounds and polit- women in uniform, who are being asked might be a lot of propaganda flying ical units in Iraq have already taken to risk everything for their country. around, but they know. They shook the hold. We are already establishing an in- It will speak to America’s taxpayers hand of and met our best ambassadors. terim government in Baghdad and it who are being asked to shoulder the We didn’t start this fight. We didn’t will not be long before they have a con- burden of the administration’s Iraq start this fight. Because if 9/11 of the stitution, they will have elections. policy with little or no help from our year ’01 doesn’t mean anything else, it Our interest there is in the genera- friends and allies around the globe. should carry the same significance as tion of school kids because it is an in- And it will speak to our Nation’s re- Pearl Harbor or any other devastating vestment. Is it an investment? Yes, but sponsibilities and its role in the world attack that has been carried out it is an investment in human lives, in today and for years to come. against this country. We didn’t start human endeavors. Sure, it is a lot of Let me begin, though, by talking spe- this fight, but they brought the fight money, but money is a tool. Money is cifically about what this debate is not to the wrong people and the wrong a tool that can bring good or it can be about. country because of our values and be- evil, and we have chosen to use ours in Democrats and Republicans are cause what we really believe in is that the name of good. united in our support for all our brave freedom equals opportunity, oppor- Yesterday in committee we had some service men and women. tunity means choices, and choices have very good ideas on how we should help They continue to bring honor to consequences. these people get on their own feet and their country. Inspired by their per- It is this warrior who cleared the prosper, how we can help. Yes, the $20 formance of duty to us, we pledge to way. The polls now say the majority of or $21 billion in this will do that. But live up to our duty to them. the people in Iraq believe they are now how to administer that, what should it Democrats will do everything in our better off than they were under the ty- go for? What should it do? Because it is power to ensure that our troops have rant Saddam Hussein. America’s hand. It is not our hand of every tool and resource necessary to do Why is $21 billion important? Saddam Congress, it is the people of America the job we are asking of them. Demo- Hussein had a knack of controlling his reaching out because the people of the crats and Republicans are also united people. He did it through the rationing United States know what is at stake. in our commitment to a free, stable,

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.023 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12229 and secure Iraq. Terror must not be the and its experts here in Washington de- To do so, the CPA will have to dra- successor to tyranny. termine what was best for the citizens matically and expeditiously augment Therefore, Democrats are committed of Baghdad and Basra. its operational capacity throughout to doing everything possible to keep The administration’s inadequate the country, so that civilian- led re- Saddam Hussein from returning to post-Saddam planning continues to building can proceed while there are power and to keep terrorists from ex- have gravest consequences. still significant numbers of coalition ploiting Iraq as a base of operations. On a daily basis, our soldiers follow forces in Iraq to provide maximum le- Our mission in Iraq will remain un- orders that place them in mortal dan- verage over those who seek to thwart finished until Iraqis are governed by a ger because they understand their the process. constitutional government, defended work serves a greater purpose and a We believe the greatest opportunity by their own security forces, protected larger strategy. But when we place for success lies in internationalizing by their own police and judicial sys- them in situations where there is no ef- the effort to stabilize and rebuild Iraq. tem, and provided for by a functioning fective strategy or plan, this danger is It reduces the risk to U.S. service infrastructure financed with Iraqi re- greatly increased. men and women and the cost to U.S. sources. Sadly, this is a lesson our Nation has taxpayers. It increases the inter- The United States must not and will had several opportunities to learn. Re- national legitimacy of the post-Sad- not prematurely abrogate its responsi- tired General Anthony Zinni put it dam effort. It makes Iraq the world’s bility to a fully liberated and self-suffi- best. He said in a recent speech: challenge and the world’s responsi- cient Iraq. [Our troops] should never be put on a bat- bility. In short, this debate is not about tlefield without a strategic plan, not only for This can be accomplished through whether or not we should run from our the fighting—our generals will take care of that—but for the aftermath and winning two simple steps. First, the President obligations to our troops and to rebuild that war. needs to make obtaining greater co- Iraq. We will not. Where are we, the American people, if we operation among our allies his top na- Simply, this debate is about how to accept this, if we accept this level of sac- tional security priority and be willing ensure our objectives for Iraq are met rifice without that level of planning? Almost to do what is reasonable to obtain their successfully and our troops brought everyone in this room, of my contem- support. home to their loved ones as safely and poraries—our feelings and our sensitivities It is not enough for the President to quickly as possible. were forged on the battlefields of Vietnam; make speeches or insist on resolutions Day after day, we receive more evi- where we heard the garbage and the lies, and we saw the sacrifice. at the United Nations that essentially dence of the inadequacy of the admin- We swore never again would we do that. We restate policy positions that to date istration’s plan for the stabilization swore never again would we allow it to hap- have left us working largely alone. and reconstruction of Iraq. pen. And I ask you, is it happening again? Second, the administration needs to Yesterday, the New York Times re- And you’re going to have to answer that produce a clear plan that demonstrates ported that 650,000 tons of Iraqi muni- question, just like the American people are. both to our Armed Forces and to our And remember, everyone of those young tions lie unprotected. There is evidence taxpayers precisely what sacrifices will the 500 pound bomb that terrorists used men and women that do not come back is not only a personal tragedy, it’s a national be expected of them, both now and in to destroy the U.N. headquarters in tragedy. the future, in order to accomplish our Baghdad may in fact have been stolen By asking the right questions and objectives. from one of Saddam’s old munitions de- making the right changes to the ad- This supplemental budget request pots. This news comes to us 3 weeks ministration’s supplemental request, does not take either of those steps. after the Pentagon assured us that all the Senate can act to correct these Before the Senate is one bill, but in known weapons sites had already been mistakes and ensure success in Iraq. truth, there are two separate and dis- secured. But time is running short—in Iraq and tinct requests. First, is the $67 billion In spite of these concerns, the admin- here at home. requested to equip our troops to do istration continues to say that its pre- As Iraqis become accustomed to ter- their job. Democrats have no objection war planning was adequate to the task, rorism as a daily fact of life, they are to this request and we would be willing and that it has the right prescriptions looking to U.S. leadership for reasons to approve this funding this very day. for Iraq’s future. to be hopeful. Alongside funding to support our But an objective look at the record They want to work with us to build a troops stands an additional $20 billion indicates that the White House’s plan better future for themselves, but they to aid in the rebuilding of Iraq. As I for post-Saddam Iraq was either inad- need to know that we are committed to said earlier, Democrats remain com- equate or altogether non-existent. that future. At the same time, Ameri- mitted to doing whatever it takes to In its post-combat report, the Joint cans are growing impatient. The costs provide Iraq with the tools and re- Chiefs of Staff concluded that the post- of success, both in lives and in money, sources necessary to join the commu- war plan was not sufficient to some of appear without end. nity of nations as a safe, responsible, the most critical challenges we face in For both Iraqis and Americans, the self-sufficient member. post-Saddam Iraq. window to demonstrate a clear plan for But a supplemental request is not a I quote from that report: Iraq’s future is closing. plan. And we have serious misgivings Late formation of [post-conflict] organiza- The next 3 months are crucial to about providing the funds requested tions limited time available for the develop- turning around the security situation, until we have confidence they will be ment of detailed plans and pre-deployment used in service to a plan that will suc- coordination. . . . Weapons of mass destruc- which is volatile in key parts of the tion (WMD) elimination and exploitation country. cessfully achieve our objectives in Iraq. planning efforts did not occur early enough Iraqis, Americans, and the entire That confidence is undermined when in the process to allow CentCom to effec- world are watching closely to see how Americans read reports that firms with tively execute the mission.’’ It concludes, resolutely the coalition will handle close personal and financial ties to the ‘‘The extent of the planning required was un- this challenge. The Iraqi population White House are winning no-bid con- derestimated.’’ has high expectations, and the window tracts, raising the appearance of im- Just yesterday I learned from Iraq’s for cooperation may close rapidly if propriety and cronyism. Governing Council that the adminis- they do not see progress on delivering That confidence is further eroded tration had failed to consult them security, basic services, opportunities when Americans learn that many of when putting together its proposal to for broad political involvement, and the items within this supplemental re- rebuild Iraq. economic opportunity. quest seem grossly inflated or dubious. Think about that. At the same time The ‘‘hearts and minds’’ of key seg- The American taxpayer is being asked the administration professes its desire ments of the Sunni and Shi’a commu- to pick up the cost of 600 radios and to put Iraqis in charge of Iraq, it failed nities are in play and can be won, but telephones at the cost of $6,000 apiece, to seek their counsel about Iraq’s most only if the Coalition Provisional Au- pickup trucks at $33,000 a piece. Iraqi urgent needs. Instead, the administra- thority—CPA—and new Iraqi authori- prisoners will be incarcerated at $50,000 tion chose to have Ambassador Bremer ties deliver in short order. per year, more than twice the cost in

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.027 S01PT1 S12230 CONGRESSIONAL RECORD — SENATE October 1, 2003 American prisons. And Iraqi entre- should help pay their fair share for its bate we had in this Chamber last Octo- preneurs will receive business training defense. By rolling back the Presi- ber, which culminated in the votes of costing $10,000 per month, more than dent’s tax cut for the wealthiest one 77 Senators authorizing the President two-and-a-half times the cost of an percent of Americans for just 1 year, of the United States to go to war education at the Harvard Business we can pay for the full cost of this re- against Saddam Hussein’s Iraq. A nega- School. quest without increasing the national tive Senate vote last fall, before our To be sure, many investments within debt. country was committed to liberating this bill are worthwhile. But we should Fourth, we need to ensure fair, open and reconstructing Iraq, would have bring the same vigilance to control un- competition for contracts. weakened the President’s leadership necessary spending that we bring to Finally, the White House should to and made America less secure. But a spending here at home. That is the root transfer control of the reconstruction vote against reconstructing Iraq now, of the questions we will ask and the of Iraq from the Defense Department to with 130,000 American forces on the amendments we will offer. the State Department, which has ex- ground, American credibility before We have sought to raise important pertise and experience in nation build- our friends and enemies at stake, and questions such as these since the very ing. the enormous responsibility of helping beginning of the Iraqi conflict. Unfor- History will remember what we say the Iraqi people rebuild their country tunately, upon each occasion, Repub- in this debate, because it will shape not now on our shoulders, would doom licans opted to question our motives just the fate of this spending request Iraq’s transformation to failure, with and in some cases, even our patriotism. but the fate of Iraq, the Middle East, grave consequences for the entire Mid- Senate Armed Forces Committee and America’s foreign policy for years dle East, and devastate American lead- Chairman JOHN WARNER said last week to come. ership in a dangerous world. of our soldiers, ‘‘Their fathers, their I am confident that the Senate will An extraordinary allied military uncles, their grandfathers have served live up to its responsibility to our campaign in Iraq overthrew, in 3 in previous military conflicts, and they troops and provide them with the sup- weeks, a Baathist regime that had look upon the Congress as that bastion port they need and have earned. ruled for three decades. Americans that safeguards those that are put in I am hopeful that Republicans will were rightly proud not only of our harm’s way. I ask, do these comments join Democrats in insisting that the military’s exemplary performance, but constitute embracing, as we should, White House offer a clear plan to go of the cause for which they fought: those families, those children? Is that along with the unprecedented level of ending the threat posed by Saddam safeguarding those put in harm’s way? funding we have been asked to provide. Hussein’s regime and liberating the I say no.’’ When our armed forces toppled Sad- Iraqi people from his tyrannical rule. Senate Intelligence Chairman ROB- dam Hussein’s regime, Americans be- With their liberation came an obliga- ERTS even suggested that the posing of came bound to the Iraqi people and re- tion: to help them restore their dev- questions put the lives of our soldiers sponsible for their fate. astated and demoralized country until at risk. ‘‘I’m very concerned that if the We are committed to fulfilling that it is stable, and secure, and free, and criticism is so harsh as to create the responsibility by providing the re- therefore, no longer poses a threat to impression of lack of resolve, I wonder sources and support they need to be- its people or its neighbors. That job is what goes through the minds of . . . come fully independent members in the not close to being done. We have not not only our men and women serving in community of nations. yet won the peace. And we do not have uniform, but the very terrorists who But our vision cannot be clouded by time to spare. are killing our troops and their fellow false optimism or blinded by stubborn If we do not meaningfully improve Iraqis.’’ pride. services and security in Iraq over the These comments represent a low- It is not too late to change course next few months, it may be too late. point in the Senate’s proud tradition of and bring a real plan and real coopera- The danger is that our failure to im- deliberation and debate. The right to tion, to the American rebuilding of prove daily life, security, and Iraqis’ question our leaders is the foundation Iraq. This opportunity will not last participation in their own governance of our democracy. much longer. will erode their patience and fuel a mi- Demanding answers in a time of war We can’t afford to let it, and the fu- nority’s appeal for insurrection. We strengthens our democracy, rather ture of a secure Middle East, slip will risk an irreversible loss of Iraqi than weakening it. President Teddy through our fingers. confidence and reinforce the efforts of Roosevelt once said, ‘‘To announce The cost of success is great; the cost extremists who seek our defeat and that there must be no criticism of the of failure is even greater. threaten Iraq’s democratic future. President or that we are to stand by Mr. MCCAIN. I ask my friend from That is why we have to pass this sup- the President right or wrong is not Wisconsin how long he will be. plemental spending bill, urgently. only unpatriotic and servile but it is Mr. FEINGOLD. About 10 minutes. There are two fundamental errors we also morally treasonable to the Amer- Mr. MCCAIN. I ask unanimous con- could make in postwar Iraq. We could ican public.’’ sent the Senator from Wisconsin be stay too long, denying Iraqi sov- As American citizens, we are obli- recognized for 10 minutes, and I be rec- ereignty to a proud and talented people gated to ask these questions. And as ognized for 15 minutes following that. who have the human and material re- Senators, we are not only obligated but The PRESIDING OFFICER. Without sources to build a progressive and mod- empowered by our Constitution to de- objection, it is so ordered. ern Arab state. We cannot repeat in mand answers. That is precisely what Mr. MCCAIN. I thank my friend from Iraq the example of the Balkans, where we will do during this debate. Wisconsin who was here before me. Bosnia and Kosovo remain U.N. protec- As this debate proceeds, Democrats Mr. FEINGOLD. I thank the Senator torates years after our just military will offer a series of proposals that are for his courtesy. intervention. Few things would inflame designed to win back the trust of the (The remarks of Mr. FEINGOLD are Iraqi and Arab opinion more than a Nation and the support of the world for printed in today’s RECORD under long-term United States occupation of our Iraq policy. ‘‘Morning Business.’’) Iraq. But America is not an imperial First, the White House must develop Mr. FEINGOLD. I thank the Pre- nation. We will leave Iraq when our job and inform Congress and American siding Officer, and I again especially is done, and we will leave behind an people about plans for success before thank the Senator from Arizona for his Iraq that is whole, free, and at peace. gaining access to reconstruction funds. courtesy. The other danger, and the greater Second, the President should increase I yield the floor. risk, is that we leave too soon—before efforts to gain international involve- The PRESIDING OFFICER. The Sen- basic Iraqi services are up and running, ment, both in terms of financial sup- ator from Arizona. before law and order are restored, and port and commitment of troops. Mr. MCCAIN. Mr. President, we have before there is a competent, represent- Third, those who have benefitted begun a debate that may ultimately be ative Iraqi government in place to an- most from our Nation’s prosperity more consequential than the war de- swer to the Iraqi people. They key to a

VerDate jul 14 2003 02:19 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.029 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12231 timely United States withdrawal from components of this spending request States honors the commitment we Iraq, and for the quickest restoration are inextricably linked. Part of the an- have entered into to help the Iraqi peo- of Iraqi sovereignty, is to maximize our swer to the security challenges we face ple stand up a legitimate, representa- commitment now to providing the se- in Iraq is restoring basic services and tive government that does not threaten curity and services that will allow the empowering Iraqis to play a greater them or their neighbors, and that is a fragile institutions of democracy to role in their own security. Voting force for good in a dangerous region. take root. A serious United States in- against reconstruction funds will seri- Every so often in this Chamber, we vestment in Iraq’s future is the only ously degrade the security environ- deal with an issue of such gravity that way we can leave the Iraqi people and ment as greater numbers of frustrated it transcends partisan divisions. Pro- their leaders with a functioning, pro- Iraqis fall prey to the extremists’ ap- viding for Iraq’s democratic future gressive state that will be an example peals to oppose our presence, putting should be such an issue. I encourage for the region and a future partner and our troops in greater danger and imper- my colleagues to gauge carefully the ally of the United States. iling their core mission of stabilizing broader national interest, as we con- Some of my colleagues on both sides Iraq. duct what I hope is a civilized and of the aisle accept that Iraq requires At a Senate Armed Services Com- high-minded debate. To a large extent, substantial and immediate reconstruc- mittee hearing last week, I asked Am- or choices will determine the success tion funding, but would provide that bassador Paul Bremer what would hap- or failure of what I believe to be the funding in the form of loans to be re- pen if Congress did not pass the recon- most important foreign policy chal- paid to the United States or inter- struction portion of the President’s lenge in a generation. national financial institutions when supplemental spending request. Here is Failure to make the necessary polit- the Iraqi economy is up and running his response: ‘‘Well, it would be di- ical and financial commitment to build again. This would gravely damage rectly contrary to American’s inter- the new Iraq could endanger American America’s reputation and our support est—obviously, it would be contrary to leadership in the world, empower our within Iraq. Asseting our claim to the Iraqi people’s interest, but it would enemies, and condemn Iraqis to re- Iraq’s oil revenues over the next 10 or be contrary to our interest, because it newed tyranny. We must act urgently 20 years would confirm the propaganda would create a situation of much great- to transform our military success into of our enemies and the suspicions of er insecurity. I think we would find political victory. Passage of these sup- skeptics across the Arab world and more of the population turning against plemental funds will move us meaning- closer to home: that this was a war for us. I think we would find more attacks fully towards that goal. Stripping re- oil. It would also make it impossible on coalition forces. Eventually, Iraq construction aid or providing it in the for us to encourage countries like Rus- would . . . recede into a situation of form of a loan that will incite Iraqi and sia, France, and Germany, which hold chaos, not dissimilar from what was Arab hostility against us will only enormous levels of Iraqi debt from Sad- experienced in Lebanon in the 1970s and make the job of our service men and dam Hussein’s era, to write off some of 1980s, and we would find another breed- women in Iraq harder and could doom that debt in order to life its burden ing ground for terrorists. So I think them to failure. After all their sac- from the Iraqi people. it’s a rather grim outlook.’’ rifice, and in light of the potential a Seeking control, whether directly or I would encourage my colleagues who free and stable Iraq holds for the future indirectly, over Iraq’s future oil reve- may be considering efforts to split this of the Middle east and America’s posi- nues would condemn Iraq to be another bill into military and reconstruction tion in the world, it would be disgrace- ward of the international community components in order to decrease or ful to turn our backs now. by denying the Iraqi people the key to vote down reconstruction funding to Iraq’s transformation into a progres- their future prosperity. By making a contemplate the prospect of the kind of sive Arab state could set the region claim that would prevent future oil state collapse and civil war that de- that produced Saddam Hussein, the revenues from being spent by a rep- stroyed Lebanon happening in Iraq as a Taliban, and al-Qaida on a new course resentative Iraqi government to meet result of our own shortsightedness. in which democratic expression and the needs of the Iraqi people, we would The Senate will also consider pro- economic prosperity, rather than a impede the economic development that posals to reduce tax cuts for the radicalizing mix of humiliation, pov- will be key to a moderate, progressive wealthy in order to pay for Iraqi recon- erty, and repression, define a new mo- Iraqi politics. We would make our im- struction. I voted against the Presi- dernity in the Muslim world that does mediate task of reconstructing and se- dent’s tax cut package in 2003, in part not express itself in ways that threaten curing Iraq much more difficult, be- because the costs of this war and its its people or other nations. Conversely, cause collateralizing Iraqi oil revenues aftermath were unknown at the time. a forced United States retreat from would encourage more Iraqis to believe But given what is at stake for the Iraqi Iraq would be the most serious Amer- the message of the Baathists and ter- people and for America’s national in- ican defeat on the global stage since rorists who oppose us: that we are in terest, I cannot support proposals to Vietnam. I don’t make that statement Iraq not to help the Iraqi people build raise taxes to fund our mission in Iraq. lightly. I repeat: A forced United a better future but to serve our own Such proposals, if not linked to the States retreat from Iraq would be the narrow ends, at their expense. Iron- Iraq supplemental, would have merit, most serious American defeat on the ically, we would also make it more dif- but were they to pass as part of this global stage since Vietnam. ficult for American forces to leave Iraq package they would endanger its pas- by handicapping Iraqis’ ability to re- sage, transforming a domestic political Our mission in Iraq is too important construct their country and govern dispute into what would quickly be- to fail. But it is winnable, because an themselves. Providing reconstruction come a foreign policy defeat. Our suc- Iraqi majority shares our vision of a monies in the form of a loan would se- cess in Iraq is too important to take free and progressive Iraq. Our national riously undermine American national that chance. interest demands that we help them re- interests in the Middle East. This bill is not perfect. I intend to alize this goal. We will also debate the question of offer an amendment to provide for reg- I yield the floor and suggest the ab- whether to divide this spending bill ular auditing of the Coalition Provi- sence of a quorum. into military and reconstruction com- sional authority’s budget, and I suspect The PRESIDING OFFICER. The ponents. Proponents of this approach the Senate will add additional report- clerk will call the roll. would substantially trim or vote down ing requirements to better inform us The assistant legislative clerk pro- reconstruction funding, as if we should about how reconstruction money is ceeded to call the roll. pay only for our troop presence in Iraq being spent. But given the urgency of Mr. DORGAN. Madam President, I but spend little to nothing on what our our mission in Iraq, I intend to strong- ask unanimous consent that the order troops are actually there to do: create ly support the President’s budget re- for the quorum call be rescinded. basic security and enable restoration of quest, oppose all amendments that The PRESIDING OFFICER (Ms. MUR- services so the Iraqis can govern them- could endanger its passage, and do ev- KOWSKI). Without objection, it is so or- selves. The reconstruction and military erything I can to see that the United dered.

VerDate jul 14 2003 02:19 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.005 S01PT1 S12232 CONGRESSIONAL RECORD — SENATE October 1, 2003 Mr. DORGAN. Madam President, we That is what is happening in Iraq. Deputy Secretary of Defense Paul are debating the emergency supple- The media is reporting the bad news. Wolfowitz said this on March 27 of this mental bill that deals with the request That is what they will report tonight year: for funds for our military, as well as here in Washington, DC. There is an And on a rough recollection, oil revenues for reconstruction in the country of old saying, ‘‘bad news travels halfway of that country could bring in between $50 Iraq. around the world before good news gets and $100 billion over the course of the next I believe it is necessary to provide its shoes on.’’ Never is that manifested two or three years. We’re dealing with a the funding that is requested for our more relentlessly than in our media. I country that can really finance its own re- military, and I believe the President understand that. It is not just hap- construction, and relatively soon. will find wide support for that on the pening with Iraq. Again, Mr. WOLFowitz, Deputy Sec- Senate floor. I believe it is also nec- But from eyewitnesses and those who retary of Defense, said just 5 months essary for reconstruction to occur in have been on the ground in Iraq, we ago: Iraq. I don’t disagree with that issue at know that there are positive things We’re dealing with a country that can real- all. However, I disagree as to where the happening there. ly finance its own reconstruction, and rel- funding should come for this recon- Having said that, we cannot dismiss atively soon. struction. the fact there are some significant Richard Armitage, Assistant Sec- I agree with my colleague who talked problems and challenges in Iraq as retary of State, said: about this being an important time and well. It is not ordinary and normal, and When we approach the question of Iraq, we that there are very important ques- it is not something we should ever be- realize here is a country which has a re- tions for the Senate to confront. These come accustomed to, to wake up in the source. And it’s obvious, it’s oil. And it can are serious questions and need to be morning and turn on the news and hear bring in and does bring in a certain amount dealt with in a serious way. I expect of another American soldier who was of revenue each year, it could—$10, $15, even this debate will be respectful, even killed, or more American soldiers $18 billion. though we have some disagreements. wounded. That is not something we can So this is not a broke country, first I think there is more agreement than become accustomed to in this country. of all. He is describing the resources disagreement on most of these ques- I also believe, as I indicated, that as the country of Iraq has. tions. I mentioned that when the Presi- we consider a piece of legislation with Vice President CHENEY in March of dent requests funding for our Defense a price tag of $87 billion to support the this year said: Department and our soldiers who are troops and provide the resources nec- There are estimates out there. on a mission this country has asked essary for the troops and also to pro- Talking about Iraq. them to undertake, we have an obliga- vide for the reconstruction of Iraq, it is tion to provide the necessary funding an appropriate and important time to It’s important, though, to recognize that for them to complete their mission. ask some questions about especially we’ve got a different set of circumstances than we’ve had in Afghanistan. In Afghani- America cannot ask its sons and the portion dealing with reconstruc- daughters to go to war and then with- stan you’ve got a nation without significant tion. That is what I focused on yester- resources. In Iraq you’ve got a nation that’s hold anything that is necessary for day in the Appropriations Committee. got the second-largest oil reserves in the them to complete their mission. That Let me talk about this reconstruc- world, second only to Saudi Arabia. It will which is needed in the Defense Depart- tion. This is a new subject that is of- generate billions of dollars a year in cash ment, that which those who are com- fered us by the President—reconstruc- flow if they get back to their production of manding our soldiers say they need to tion. We understood what the Presi- roughly three million barrels of oil a day, in finish this job, we must provide and, in dent planned to do with respect to the the relatively near future. And that flow of my judgment, will provide. campaign called shock and awe, which resources obviously belongs to the Iraqi peo- This appropriations request, how- was a military campaign, would be dev- ple and needs to be put to use by the Iraqi ever, includes not only resources for people for the Iraqi people, and that will be astating in its consequences to the one of our major objectives. our military, but also resources for the Iraqi troops, but not devastating to the That was Vice President CHENEY. reconstruction of Iraq. I want to talk country of Iraq in terms of infrastruc- So we have Richard Armitage, As- about that for a bit because we had a ture, because we deliberately did not long debate in the Senate Appropria- target the infrastructure there. We did sistant Secretary of State, saying Iraq tions Committee yesterday and had not target their electric grid, their can be reconstructed with Iraq oil; several votes. The votes turned out to powerplants, their dams, their roads, Paul Wolfowitz, Assistant Secretary of be one-vote margins. I want to talk or their bridges. We deliberately did Defense, saying Iraq can finance its about that. not do that and we were successful in own reconstruction; Secretary Rums- First, let me say I believe that, while avoiding that. So then what is the re- feld, on March 27 of this year, said: I I have not visited Iraq, there are many quirement for reconstruction? don’t believe the United States has the important and positive things hap- The requirement for reconstruction, responsibility for reconstruction, in a pening in the country of Iraq. Yester- by and large, stems from a long-term sense. Those funds can come from day one of my colleagues asked the deterioration of the assets of Iraq those various funds I mentioned—fro- question: Why are those positive devel- under Saddam Hussein, No. 1; and No. zen assets, oil revenues, and a variety opments not being reported? I expect, 2, from a type of guerrilla activity by of other things, including Oil for Food based on talking to folks who have vis- insurgents inside the country of Iraq— which has a substantial number of bil- ited there, and from Ambassador Iraqis themselves, among others—to lions of dollars in it. Bremer’s testimony, and others, in- destroy property and infrastructure in We have the Secretary of Defense, cluding colleagues who have visited Iraq. That is what caused this adminis- the Assistant Secretary of Defense, the there, that there are things happening tration to ask us for nearly $21 billion Assistant Secretary of State, and the in that country which are very posi- to reconstruct the country of Iraq. Vice President. tive. I agree with that. Those who ask Let me say that the request for the Let me read quotes from Mr. Natsios the question ‘‘why are they not being reconstruction of Iraq is a request for who runs USAID, which is the agency reported’’ might watch the television grants, where we will take the money in the State Department involved in news in Washington, DC, tonight and from our Treasury—or borrow the reconstruction. see what is reported. What is reported money, as will be the case, because we On April 23 on Ted Koppel’s is negative. It is not just with what is are very deeply in debt in this country ‘‘Nightline’’ program, Ted Koppel says: happening in Iraq, it is what is hap- at this point and our annual budget I mean, when you talk about 1.7, you’re not pening everywhere. That is the way the deficit is roughly in the $475 billion suggesting that the rebuilding of Iraq is business works. Turn on the television range. We will borrow money to pro- going to be done for $1.7 billion? tonight in Washington, DC, and see vide it to the Iraqis for reconstruction. Mr. Natsios, who runs this program what the lead story will be. It will be a Let me go back to some things and in- for the administration, says: murder, or a kidnapping, or a robbery, dicate why some of us are surprised by Well, in terms of the American taxpayers’ or an accident. That is just the way it a request for nearly $21 billion to re- contribution, I do, this is it for the U.S. The works. construct Iraq. rest of the rebuilding of Iraq will be done by

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.031 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12233 other countries who already made pledges, 20 years. Securitizing that oil produc- stituted a government than the current Britain, Germany, Norway, Japan, Canada, tion would be relatively easy for Iraq Iraqi coalition authority or provisional and Iraqi oil revenues . . . in order to raise the funds to recon- authority. Will be used eventually in several struct what is needed to be recon- I believe Iraq does need reconstruc- years when it is up and running and structed in Iraq. tion funding, but I believe very strong- when a new government, democrat- I asked Ambassador Bremer, why ly that that ought not be the burden of ically elected, will finish the job with then would you not propose that Iraqi the American people. I believe the re- new revenues. oil be used to reconstruct Iraq? He sult would be perverse if the American They are going to get $20 billion a year in said: Because Iraq has substantial for- taxpayer was required to bear the bur- oil revenues. But the American part of this eign indebtedness, they will not be able den of that $21 billion in expenditures, will be $1.7 billion. We have no plans for any to encumber their oil revenue; they while Iraq pumped its oil, sold it on the further on funding for this. will have to repay foreign indebtedness open market, and used the revenues to This is 5 months ago from the point first. ship suitcases full of cash to Saudi Ara- person in this administration with re- I asked Ambassador Bremer to whom bia and Kuwait and, yes, Russia and spect to Iraq’s reconstruction, saying Iraq owed money. He said, France—I France and Germany. I do not under- $1.7 billion. believe he said Russia first—Russia, stand how anyone thinks that is in our Ted Koppel comes back to him again France, Germany. interest. on the same program and says: Following that hearing, I began to do I will briefly describe what we are You’re saying the, the top cost for the U.S. some research on Iraq’s indebtedness. told is urgently necessary for recon- taxpayer will be $1.7 billion. No more than It turns out that the largest of Iraq’s struction in Iraq. I think some items that? creditors are Saudi Arabia and Kuwait. are urgent, some are not, in order to Mr. Natsios: For the reconstruction. . . . The best estimates are that Iraq owes Ted Koppel: But as far as the reconstruc- advance the Iraq economy and in order tion goes, the American taxpayer will not be somewhere close to $25 billion to Saudi to provide the Iraq people with an ex- hit by more than $1.7 billion no matter how Arabia. And they owe somewhere close panded set of opportunities and hope long the process takes? to $25 billion to Kuwait. They owe for the future. Mr. Natsios: That is our plan and that is somewhere between $20 billion and $30 The $21 billion includes, for example, our intention. And these figures . . . I have billion to the other gulf states. They reengineering business practices of the to say, there’s a little bit of hoopla involved owe between $4 billion and $8 billion to Iraq postal service, including insti- in this. France, $4 billion to Germany, and tuting ZIP Codes. Well, that is not part I guess he was referring to something somewhere between $9 billion and $12 of an urgent supplemental, in my judg- else. There sure isn’t a lot of hoopla in- billion to Russia. But as one can see, ment. volved in his figures. the largest creditors of the country of Then there is $54 million for a com- Later in the program, Mr. Natsios Iraq are Kuwait and Saudi Arabia. prehensive consulting technical study says, responding to Ted Koppel: Now, I find it strange that anyone for the Iraqi postal system. That is not That’s correct, $1.7 billion is the limit on would suggest that the debts of urgent, in my judgment. reconstruction for Iraq. Saddam’s regime must be honored, but Restoring marshlands; two 4,000-bed That was 5 months ago from the that the current Iraqi Governing Coun- prisons at $50,000 a bed; garbage trucks point person on reconstruction in this cil is not able to incur debts. at $50,000 apiece; creating best business administration. Five months later, we Some make the point that the Iraqi practice and training courses and open- are asked for $21 billion—$21 billion. Governing Council has not been demo- ing job centers, and so on. I think some How did things change so quickly? Why cratically elected. Well, does anyone of this is likely urgent, some of it not, did they change so quickly? Why was it think that Saddam Hussein was duly but all of it can and should be paid for decided that the obligation for the re- elected? Let’s just remember the last with Iraqi oil. construction of this country—not an couple of elections. In 1995, Saddam I will describe how that could work impoverished country, I might say, a Hussein ran for President of Iraq. He and how it should work. country with the second largest re- ran unopposed and won 99.96 percent of I offered an amendment in com- serves of oil in the entire world—why the vote. mittee yesterday that would create an was it decided the American taxpayers Out of 8 million ballots, supposedly Iraq Reconstruction Finance Agency. I should bear this burden exclusively? only 3,000 people voted against Saddam lost that amendment by one vote. Fol- Ambassador Bremer testified before Hussein. lowing that, I offered a second amend- our Appropriations Committee. I asked Then in August of 2000, they had an- ment, which is a choice I do not par- him about this issue. other election in Iraq and Saddam Hus- ticularly favor but one that is better I said: Mr. Ambassador, Iraq has very sein ran again for President. He again than a series of grants. That amend- substantial oil reserves. They have liq- ran unopposed. This time, the official ment would provide that instead of uid gold under that sand. They have election count was better, actually. grants, we extend loans. the capability of pumping a lot of oil. With a 100 percent voter turnout, Sad- Both amendments were defeated in He said: Yes. dam Hussein received 100 percent of the the committee, and I will offer both on In fact, when I asked about how vote. That was actually the official the Senate floor as we proceed to have much they would pump, he said: By count. a debate about the reconstruction por- July of next year, we expect Iraq will They provided no real polling booths. tion of this package. be pumping 3 million barrels of oil a Voters were required to parade down a The Iraqi Governing Council, I be- day and, using their figures, we expect, gallery containing 28 portraits of Sad- lieve, has ample authority to create an when you take out of that the amount dam Hussein. They were required to Iraq Reconstruction Finance Authority necessary to be used in Iraq by Iraqis, hold their ballots over their head as and do so in a way that obligates fu- the amount of money that they will they walked down this gallery so that ture oil revenues of Iraq through some sell on the export market will produce everyone could see how they voted. Be- securitization, by which they would $16 billion a year of revenue—$16 bil- fore the election, the Iraq phone com- sell securities against future oil reve- lion a year. pany rigged their telephones so when a nues and raise the money for recon- Yesterday, members of the Iraqi Gov- person picked up the phone to make a struction of Iraq. As one of my col- erning Council were in town, and they phone call, they heard the message leagues earlier today suggested, that is said they are going to be producing 6 that they had a requirement to go out not in some way having the United million barrels of oil—double that. and vote for Saddam Hussein. States get their hands on Iraq oil. It is Let’s use the more conservative figure The fact is, there is very little tradi- nothing of the sort. This is the people of 3 million barrels of oil produced a tion of democracy in Iraq, as we know. in Iraq making use of their resources, day by next July. This then is a coun- The Saddam Hussein regime, which ob- by securitizing their future oil re- try that has the capability of pro- ligated the people of Iraq, apparently, serves. Understand, they have the sec- ducing $160 billion in 10 years from oil to $150 billion to $200 billion in foreign ond largest reserves in the world. This revenue exports only or $320 billion in debt, was certainly no more duly con- is not an impoverished country. They

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.033 S01PT1 S12234 CONGRESSIONAL RECORD — SENATE October 1, 2003 have dramatic and valuable resources. I don’t believe that the United States has signed the 2004 Defense Appropriations This is about Iraq citizens using Iraqi the responsibility for reconstruction, in a Committee bill. At the request of the oil to reconstruct the country of Iraq. sense . . . And the funds can come from Congress, specifically the Senate, the Why would someone choose the alter- those various sources I mentioned: frozen as- President did not include in that bill native of saying, let’s have the Amer- sets, oil revenues, and a variety of other things. any funding for the war in Iraq or Af- ican taxpayer pay for the reconstruc- ghanistan, and the funding for that and tion of Iraq so that Iraq can pump oil The fact is, just months ago we were the global war on terrorism is in the to pay for the past debts it owes to told by Secretary Rumsfeld, by Deputy supplemental that is before us now. Saudi Arabia and Kuwait? Secretary Wolfowitz, by Vice President Many have asked for a great many Ambassador Bremer told me they CHENEY, and many others that the U.S. things in connection with this supple- were not recommending the use of Iraq taxpayer would not have to foot the mental that is before us. I think it is oil for reconstruction because of the bill. good to review history because we have foreign debt that Iraq had and that it We have not had anyone come to us had the history studied by the Congres- had to resolve. I think it ought to be to explain to us the reason for the sional Research Service, and I am in- resolved this way: I believe Ambas- change. formed that no President before has sador Bremer and the Iraq authority We had Ambassador Bremer explain asked, in advance, for money to con- ought to go to the donor conference to us why he believes the proceeds from duct a war. This President did that. He and ought to be involved in bilateral Iraqi oil are going to have to be com- had a supplemental before that carried and multilateral talks in which they mitted to repay Iraq’s foreign debt. us through fiscal year 2003. And this seek debt forgiveness. After all, Sad- Translated to the language from my bill is theoretically to pick up on Octo- dam Hussein should not have been able hometown, it would be: Iraqi oil should ber 4 and carry forward the activities to obligate the Iraq people and to produce some revenue so the Iraqi peo- in Iraq and Afghanistan and the war on mortgage their future. Saddam Hussein ple can pay off Saddam’s debts to some global terrorism following that time. is gone. His government does not exist. of the richest countries in the world, The bill does contain a substantial Why do we believe that loans from the Saudi Arabia and Kuwait. amount of money for the intelligence Saudis to Iraq back in the 1980s ought But nobody came forward to say, we community, which is classified. This to be repaid now when those loans were did tell you all these things 4 or 5 afternoon we will hold a hearing in our made to Saddam Hussein? Let Saddam months ago, and did tell the American classified hearing room in the Capitol Hussein repay those loans, not the people and tell you in Congress you are to explore some of the ramifications of Iraqi people. not going to have to pay for recon- that. We have closed out the hearings This was not a duly constituted gov- struction of Iraq because Iraqi oil is we held on this bill. I might say, in and ernment in the first instance. I just de- going to pay for it—no one has come of themselves, they are unique because scribed the mechanism by which he forward to say, I was wrong then, or I I know of no hearing on a supplemental was in power. have changed my mind. request of this type during my time in This is not a case, as my colleague The question is, Has the Vice Presi- the Senate. The request was made for earlier suggested, of just treating this dent changed his mind? I am guessing hearings by my good friend from West in a nonserious way, believing that so. Has Secretary Rumsfeld changed Virginia, and we have accommodated somehow the money is not needed for his mind? Has Mr. Wolfowitz changed that. I know he wishes we would have Iraq. I believe the military appropria- his mind? Has Mr. Armitage changed more hearings, but I believe we have tions that the President has requested his mind? explored the proposals that have been for our troops are related to recon- I think it is important to ask the presented to us as a Special Emergency struction, but I believe very strongly question. Supplemental by the President, under that much of what is requested for re- The PRESIDING OFFICER. The time these circumstances, as much as is pos- construction is, A, not urgent and, B, of the Senator has expired. sible because we have some time certainly not reconstruction that Mr. DORGAN. Madam President, are frames involved. The moneys for de- ought to be paid for by the American we under a time limit at this point? fense activities in Iraq are in this bill. people. Could I have explained to me the time We have an enormous number of people Let me come again to this point: we on the floor? involved in this activity now, and this were told time and time again that the The PRESIDING OFFICER. The time bill asks for about $66 billion to con- U.S. taxpayer would have, at most, a until 12:30 has been divided. All time tinue those activities through the fis- minimal financial burden in terms of remains for the majority at this point. cal year of 2004; that is, until Sep- reconstruction. Mr. DORGAN. This time for debate tember 30, 2004. The representations to us all along, was apparently evenly divided until We have had presented to us, in addi- all year, have been that Iraq oil would 12:30; is that correct? tion to that Defense supplemental, the bear the burden for reconstruction. The PRESIDING OFFICER. That is request for $20.3 billion to carry out Vice President CHENEY said on March correct. the activities of our Government in 16 of this year—I am quoting directly: Mr. DORGAN. What will be the cir- connection with the reconstruction and In Iraq, you’ve got a nation that’s got the cumstances of the floor this afternoon, rehabilitation of Iraq during this pe- second largest oil reserves in the world, sec- could I ask the manager? riod ahead of us. Many will ask—de- ond only to Saudi Arabia. It will generate Mr. STEVENS. Madam President, if I billions of dollars a year in cash flow. mand that the money in this second might respond, the bill will be subject category be strictly loans. Ari Fleischer at the White House to amendment at any time. We are There is no government of Iraq yet. said: hopeful there will be amendments. Nei- There is no one we can really have obli- Iraq, unlike Afghanistan, is a rather ther Senator BYRD nor I have spoken gated to repay it. We are exploring wealthy country. It has tremendous re- sources that belong to the Iraqi people. on the bill yet. mechanisms that might be possible to Once Senator BYRD has finished his set up ways in which a portion of the He is talking about Iraq has to be comments, we will be back on the bill. money would be required to be repaid. able to shoulder much of the burden for Of course the Senator could speak at But the testimony before our com- their own reconstruction. Paul Wolfowitz, Deputy Secretary of any time. mittee was that these two sums are in- Defense, said: Mr. DORGAN. I thank the Senator. extricably entwined. They represent The PRESIDING OFFICER. The Sen- the best effort of the military depart- On a rough recollection, the oil revenues of that country could bring between $50 billion ator from Alaska. ment, our Department of Defense, and to $100 billion over the course of the next few Mr. STEVENS. Madam President, I of our State Department and other De- years. We’re dealing with a country that can think at this time I should point out partments of the executive branch to really finance its own reconstruction, and what we are doing because we have present to Congress an approach to try relatively soon. brought to the floor the President’s to move through the process of having Donald Rumsfeld, Secretary of De- emergency supplemental request for an army of occupation in Iraq and fense, on March 27, said: Iraq. Last evening, the President move to establishing a new form of

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.035 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12235 government in Iraq, supported by their bring our people home sooner and have ture for this area is not to have an oc- people, and provide the security for us have a friendly Iraq, rebuilding cupation force. We still have forces in that government, provide the security itself out of its oil income, once we are Kosovo and we still have forces in Bos- for the people who will be running the able to stop this terrorist activity that nia. That is not the goal of this activ- oilfields, as have been mentioned here, is impeding the flow of oil. ity. The goal of this activity is to lib- with the power stations, and the The Senator from North Dakota erate Iraq and give it the ability to re- schools and other activities that are mentioned the amount of oil we were store its government under a concept still subject to some opposition by ter- told will be there next July. That is of free men and women determining rorists in Iraq. true. It will be there unless the pipe- their own future. I believe Ambassador Bremer and his lines are blown up again. It will be That means to me that we respond to people have presented a coherent out- there unless the power stations are the request of the President of the line of what we are going to do. But the blown up again. It takes power to run United States and give his people the demand is to know in advance what is these pipelines. The power stations are discretion to use this money to the ex- going to happen, almost on a daily there. They have been blown up also. tent it is necessary. basis: What are you going to do? Real- The problem with stability in this I believe it is now time that we call ly, the contingencies in advance of us, area is a very acute one. We have been up the bill. Is it pending? now, of our Government, are unique. warned of that. I think the plan they The PRESIDING OFFICER. The bill If you look at Germany or look at have presented, in the judgment of ma- is pending. Japan, we had a military government jority of the Senate Appropriations Mr. STEVENS. Madam President, I of occupation. We provided the com- Committee, is such that we should give would like to address my friend. I don’t plete security. We provided the com- the President’s people this discretion. believe we need control of time now, if plete government in the past when we It is a lot of money. No one questions the Senator agrees. I will finish my re- ended the war. We did that to a great it is a lot of money. In the first place, marks and then yield to Senator BYRD, extent in other places, too, where we we separate the $66 billion for defense. if that is agreeable. Is there any pend- helped in Kosovo, Bosnia, and other I don’t argue about that amount in ing motion which I should make? The PRESIDING OFFICER. There is areas. We were, for several years, in- terms of carrying forth our commit- ment to our men and women in uni- none. volved in both of those areas. Mr. STEVENS. Madam President, I We have been involved in this area form to see to it they have the sup- will close. less than a year. The proposal now is to plies, the materials, the backup, the It is my hope the Senate will also re- carry into the next year a plan, which rest and recreation, all of the things alize the request we have made—I have was presented to us in the Senate, in that are in this bill, to assure them we made it to the leadership on both our security room, in July. Some peo- are with them and that we support sides—to take the defense portion of ple didn’t get a copy of that. That is them in every way possible to get this this bill first. The House has not acted unfortunate. But it was being pre- job done. But the main thing we want upon this bill yet. We will go on recess sented to us during our hearings. That to do for them is to get them home. on Friday. While we are gone, the plan clearly sets forth the plan that The way to get them home is to assure House will act on it. It is my opinion was developed by Ambassador Bremer that Iraq once more can run its own af- that the House should know how we and by the State Department and our fairs, defend itself, and can have rea- feel about the defense side, the $66 bil- Department of Defense, to proceed now sonable success in dealing with ter- lion. We should await their action on and not have an army in occupation, rorism. We can’t eliminate terrorism the $20.3 billion. that we do not want to be an occupier. completely from Iraq any more than That is to me sort of a division of We want to continue our work to se- we can completely eliminate terrorism labor, you might say. We have worked cure the area for the purpose of build- right now. We face terrorism at home. very hard on the defense side of the ing this new government, but we have But the real problem is how soon can bill. I believe we have a general agree- actually had some of our military peo- they know they have the capability of ment of where we are going to come ple withdrawn from the areas of Iraq meeting terrorism and trying to deal out with it. We presented what we call which have been completely pacified with it as they try to impede the re- the chairman’s mark in the bill that is now and are normally operating. The construction and rehabilitation of that before the Senate today. It will be sub- local police are maintaining security. country. We are going to have some ject to some amendments. I hope Mem- A portion of their new army is behind differences of opinion. There are dif- bers will cooperate by looking at that them, securing those areas. Still, it is ferences really in philosophy, as far as portion of the bill first. We will deal a very volatile area and that is pri- I am concerned. with the $20.3 billion when we believe marily the area of concern. I think we ought to listen more to we have completed that review. It is that area that depends so much the generals who are over there in uni- I would like to be able to tell the on the money that is in the second part form, as I have yet to hear complaints House that we have finished the de- of this bill. Ambassador Bremer per- from any of the people who have gone fense portion and we await your con- sonally told me a number of times the over there and who have been part of sideration of what you think we should oil pipelines have been bombed, sabo- this tremendous success militarily. do with the $20.3 billion. They have had taged. While they are repairing those They report they are proud of what some substantial hearings on that side, oil lines, the power stations have been they have done, and they believe we too. The House held hearings on both brought back into operation. As oil are right, that we should as soon as portions of this request from the Presi- lines were completely restored, the possible have the Iraqis run this coun- dent. power stations were blown up. As they try. That is the goal. I believe this is a new approach to are trying to bring both of them back, We have had this monstrous success funding this kind of an operation. It is then there are sniper activities in the militarily. Normally, any country be- a new operation. We would be wise to Baghdad area, destabilizing the situa- fore in history has sent in an occupa- proceed, and when we come back from tion as far as restoring tranquility in tion force, set up a government, tried our recess to have before us then the this country. to find out who should be the new lead- House bill, to look at what the House This is a time and a place that the ers of the government, worked with bill has done and present our portion of forces of the United States, both mili- them for a number of years, and then the bill pertaining to the $20.3 billion. tary and civilian, need guidance on a eventually withdrawn their forces. Of Some people may disagree, and some daily basis by the Commander in Chief course, as I think the world knows, we people think we should separate the and his representatives. This bill con- have yet to withdraw all of our forces bill—I know there is that feeling—and tains a sizable amount of money and from Europe from World War II. They delete from the consideration anything the discretion to use that money to ac- started and became part of a perma- that is not strictly defense. I disagree complish the objectives they have set nent force over there almost, although with that. out. I, for one, endorse those objectives I do think we ought to reexamine that, General Abizaid, who is our com- wholly because I believe they will and we will in the near future. The fu- mander in chief there in the region,

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.038 S01PT1 S12236 CONGRESSIONAL RECORD — SENATE October 1, 2003 stated very clearly that he needs both The problem right now is how we get dent of the United States is signing the portions of this bill. If we don’t have from where we are with substantial Homeland Security bill within an hour the money for the people of Iraq to pro- force. They are still subject to severe to hour and a half. Many of the Mem- ceed to establish their own security, security requirements because of the bers of Congress have been invited to their own military, and deal with their terrorism. Should we put in more be present. It is my intention to ask own reconstruction problems imme- antiterrorist people of the United the Senate to withhold voting while diately, we will need more money to States in uniform, or from our intel- they are gone. They are at the new De- send more troops in there to protect ligence services, or should we help the partment of Homeland Security. We ourselves and to protect the Iraqis. Iraqis get to the point where they can expect to have a vote sometime around This is a transitional phase which we feel they can start to protect them- 3:30, between that and the time of our have in the $20.3 billion. As I have said selves, particularly in the areas of the hearing in S. 407. We would not object publicly, it is risky. The President has remaining intensity of terrorists? to a vote during that hearing. We are taken a great risk. There are terrorists This bill should pass. We should give just right upstairs. From 5 p.m. we will loose there. We have to remember Sad- the President’s people the greatest be in the hearing. I will not request we dam Hussein let loose all of the pris- flexibility possible, much more than we have no votes during that time. oners from the jails—all of them. He have in the past, because it is for a We will not have votes too late be- opened the borders of Iraq to terrorists. short period of time. It is for the re- cause we have an understanding with Those are the people now who are rais- mainder of fiscal year 2004, for the pe- our colleagues from the Democratic ing havoc in that country. Many of riod of time after the bill becomes law, Party who have an event tonight that them have been apprehended, but many sometime in October, until the fol- we have agreed we will not have votes are still at large. The $20.3 billion is lowing September. We will know dur- during the time they are at that din- aimed at providing a security base for ing that period whether their approach ner. the Iraqi government to come into will succeed. Again, I am asking people to come being, to deal with security, to deal One thing is very clear: this Congress forward and offer amendments. I urge with antiterrorism, and to deal with will not walk away from Iraq. This Members to present amendments to the restoring the productive capacity of President will not walk away from defense side first, if at all possible. We their major resource; that is, the oil. Iraq. We will not withdraw our people If it is successful, as has been indi- are prepared, however, for any amend- from Iraq and leave chaos in Iraq. cated, by July, we will probably see ments offered. I yield to my friend from West Vir- that Iraq could produce oil somewhere Clearly, we have the obligation to fin- near 3 million barrels a day. ish what we started. This is the plan to ginia. I say parenthetically, Madam Presi- finish what we started. The PRESIDING OFFICER. The Sen- dent, that in our State, we have pro- Some people want a roadmap, a daily ator from West Virginia. duced about 2.1 million barrels a day in report, with every single aspect of Mr. BYRD. Madam President, the the past. We don’t produce that now what is going on, producing another re- Senate today takes up the President’s because of the obstruction against us quest for another report. Do you know $87 billion Iraq war supplemental. This in terms of going into areas where we what happens to the reports? They get is a massive spending bill that holds know we could obtain oil to restore the filed in some filing cabinet somewhere, vast implications for America’s long- daily output of our production facili- some computer, and no one pays any term foreign policy objective. It will ties. We could be back up to 2.1 million attention to them. have an enormous impact on American barrels a day very quickly, too. The I will oppose a great many of these taxpayers for years to come. Iraqis are predicted to have even more reports because we have provided in It is a measure that deserves our full reserves. I am not sure this is the case. the bill for quarterly reports, we pro- attention, our thoughtful consider- They might get up as high as 6 million vided in the bill for continuation of the ation, our thorough scrutiny. This is barrels a day. I hope for the sake of the reports requested in the supplemental not an issue to be measured by the world they do. But I am reminded of for 2003. That is sufficient. To my standard of party loyalty. This is a the fact that when we first started pro- knowledge, no one raised an objection matter that cries out for solemn delib- ducing oil from Prudhoe Bay in Alaska, to what we received so far. I don’t eration, personal integrity, and intel- the estimate was we had approximately know why we should add to that num- lectual honesty. 1 billion barrels of oil. This last year, ber of reports we require from the peo- I remain concerned that the Senate as the occupant of the Chair knows, we ple who represent us in both military is acting with unnecessary haste in produced our 14th billion barrel of oil. and civilian agencies in Iraq. calling up this bill today, less than 24 Estimates are estimates. Sometimes I look forward to debate. It has been hours since it was reported out of the they are high and sometimes they are strenuous so far. I expect it to get a lit- committee, but I compliment the lead- low. But the estimates are that Iraq tle more strenuous. Clearly, it is a ers and especially the chairman of the will be a major producer in the future. turning point in the history of the Appropriations Committee, Senator I hope that is so because they will have United States. We have followed the STEVENS, for responding to concerns a stable government. They will have a pattern of the Caesars. We have gone in that I and other Senators have raised. free government. They will have the and been a liberator and then occupied In fact, there is no need for the Senate ability to determine their own future. area and stayed there. Look at Ger- to act too quickly. The House has not We have a chance to explain to them many, how long we stayed there, and yet even taken up its version of the how we treat some of our oil income Japan, how long we stayed there: 4 supplemental. While it is not a con- and how we have created our perma- years after the war was over in Japan. stitutional requirement the House act nent fund that produces income for Do we want to do that in Iraq? We be- first, it has been customary for many every person in Alaska once a year— lieve we can reduce that time our mili- years that the House of Representa- the shareholders of public development tary people are there if we follow the tives act first. It is smoother and more of resources. Prudhoe Bay oil is pro- proposals before the Senate from Am- thorough. It is more reasonable to go duced from State lands. The oil in Iraq bassador Bremer who funnels both the about legislating if the Senate lets the is produced from the Iraqi-owned gov- recommendations of the State Depart- House act first so the House bill can be ernment and Iraqi government land. ment and the Department of Defense to before Senators for their debate and They have a rosy future if they wisely the Congress through the President’s amendment. manage their money as they recon- request in the supplemental. The House has not taken up its struct their country, and if they have I remind Members of the Senate Ap- version of the supplemental. Senators some concept of trying to save part of propriations Committee there will be a are being asked to legislate on this it and use the earnings to benefit all of hearing in S. 407 at 5 p.m. and we do ex- massive spending bill without the ben- their people. That is what we have pect amendments to be offered. I hope efit of a committee report, without the done in Alaska. It has been very suc- there will be an opportunity to have a benefit of printed committee hearing, cessful. I hope they will be able to do vote on some of them today although without the benefit of the input by that. that may not be possible. The Presi- other committees such as the Armed

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.041 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12237 Services Committee, the Intelligence the fiscal year 2003 supplemental serves is concerned that the excessive Committee, and the Foreign Relations passed by the Senate in April of this demands on the Guard and Reserves as Committee. The Senate ought to have year. a result of the war in Iraq could wreak the printed hearings of the Senate Ap- We are putting upon the American havoc on military retention rates. propriations Committee. We ought to taxpayers a load. This administration, That is a serious matter. have the printed hearings containing in this bill that we are being asked to Last week, another report docu- the testimony of Ambassador Bremer, pass, is asking the American taxpayers mented a sharp drop in National Guard containing the testimony of Secretary to shell out—in this bill—over $3,000 recruiting rates. The military decisions of Defense Rumsfeld, containing the per Iraqi man, woman, boy, and girl, on this administration is making in Iraq testimony of other witnesses. Why do top of the $79 billion in the fiscal year today will have serious long-term con- we spend all of our time in Senate 2003 supplemental. sequences on the viability of America’s hearings if we do not intend to make So when you add both of these to- All-Volunteer Armed Forces in the fu- those printed hearings available to our gether, this year we will have—if we ture, not to mention our ability to colleagues and to ourselves as we go pass this bill hook, line, and sinker— counter future threats to our own na- forward with Senate debate? That is we will, in the Senate, have passed leg- tional security. one of the tremendous benefits in hav- islation requiring the American tax- It is time to face these facts. We are ing hearings so that they will be print- payers to shell out $6,600 per Iraqi— stretched thin. We are stretched thin, ed. Why have them? Because they will $6,600 per Iraqi. and a long United States occupation in be printed then, for our colleagues to Well, the American taxpayers have Iraq is not wise. Moreover, how are we scrutinize and to help bring back been presented with an $87 billion bill to exercise proper oversight of $87 bil- memories of those Members on the for the military occupation and recon- lion? The Wall Street Journal of Sep- Senate Appropriations Committee as struction of Iraq. Why? Because the tember 26 states: to what the testimony was, what the President decided 6 months ago to answers were to the questions that launch a preemptive strike on Iraq in Without a United Nations imprimatur, the the face of very shaky evidence and Administration has constructed its so-called were asked. coalition of the willing in piecemeal fashion, But here we have been rushed. We worldwide opposition—strong world- cutting open-ended, individual deals with have had hearings—some hearings. I wide opposition. each country that is willing to send troops— asked for more hearings, more than We have seen the lengths to which save Britain, which is picking up its own tab. once, more than twice. Several times I some in this administration will go. Officials who have seen these agreements ac- asked for more hearings. But even with Now we learn of retribution efforts knowledge the deals are notably short on the hearings that we had, we do not aimed at those who tried to correct the specifics. In most cases, the U.S. will foot have printed copies of hearings before zealous propaganda which drove this the bill for transporting, equipping and feed- Nation into war. Now the taxpayer is ing troops during their service in Iraq, with us. no dollar figures mentioned and no cap on No, there has been a rush, a mad rush asked to pay the piper—pay the piper. costs. to move forward on this bill. There was It is a steep price, indeed, in treasure It is not in our Nation’s interest to some talk about even having the final and in blood. rush this bill through the Senate. By Much has been made of the fact that action on the bill by the end of this rushing to war based on inadequate, in- we must pass this bill quickly and week. Fortunately, with the aid of the correct, or unsubstantiated intel- distinguished chairman, and others, without question to show our support ligence, without developing an inter- that press for action by the end of this for the troops. I do not agree. ‘‘Support national consensus, President Bush has week is no longer upon us. That was an the Troops’’ is a bumper sticker. ‘‘Sup- undermined the credibility of our Na- unreasonable expectation. It did not port the Troops’’ is a bumper sticker, a tion. We need to make sure we do not measure up to common sense. And it bumper sticker. That is what it is: compound that error by hustling this certainly was not the best thing. For- ‘‘Support the Troops’’—a bumper stick- bill through the Senate without ade- tunately, that is no longer the goal of er. It is not a foreign policy. quate scrutiny and consideration. the party in control here. Rubberstamping this bill is not—N-O- The $20.3 billion contained in the There are many aspects of this bill T—an expression of support for our spending bill for Iraq reconstruction is that trouble me, but what concerns me troops except in the most simplistic of equally troubling. For months, top ad- as much as anything else, or perhaps ways. Rubberstamping this bill merely ministration officials assured the most, is the fundamental reason that means that thousands of American sol- American people that Iraq, sitting atop this measure is before the Senate diers will be sentenced to another year the second—and possibly the largest— today. American taxpayers have been in Iraq, without the Senate even de- supply of oil in the world, could finance presented with an $87 billion bill for manding to know why so many United its own reconstruction. Only now do we the military occupation and recon- States soldiers need to remain there, learn how woefully off the mark the struction of Iraq. That is a big, big how long they are going to be there, or administration was on this count. Only bill—$87 billion. That is $87 for every why this President has failed to per- now do we learn that $20.3 billion is minute since Jesus Christ was born, $87 suade more nations to send troops to just a downpayment—hear me out for every minute since the water was help. there—just a downpayment, and that changed into wine, $87 for every minute Are we to ask our troops to shoulder the reconstruction of Iraq will cost as since Jesus Christ was born. this burden alone for another year? Are much as $60 or $70 billion or more. That is a lot of money. That is more we to ask our troops to shoulder this Last week, Ambassador Paul Bremer, than $3,000 for every Iraqi man, woman, burden alone for years to come? When the head of the Coalition Provisional boy, and girl. Now, think about that. is this administration going to face the Authority in Iraq, told the Senate Ap- The taxpayers are being asked—the fact that we need international help? propriations Committee that Iraq taxpayers of this country are being We want to help our troops. Let’s get could not finance its own reconstruc- asked—to shell out more than $3,000 for other nations to send their troops tion because it was overburdened with every Iraqi man, woman, boy, and girl. there and, thus, help our troops and Saddam Hussein’s debts to France, That is what this bill does. help us to bring our troops home. We Germany, Russia, Japan, Saudi Arabia, There are roughly 25 million, we will are certainly not serving the long-term and Kuwait. Ambassador Bremer con- say, Iraqis. One thousand dollars per interests of the military by rushing to veniently ignored the debt the United each Iraqi is $25 billion. Pretty easy to embrace this bill. States is incurring in this spending compute. So $75 billion would be $3,000 The headline in yesterday’s USA package. The debt the United States is per every Iraqi. And $87 billion is Today newspaper sums up the situation incurring, the additional burden that roughly, let’s say, $3,500 for every succinctly: ‘‘Army Reserve Fears will be brought to bear upon the Amer- Iraqi—every man, woman, boy, and Troop Exodus.’’ That was the headline: ican taxpayer by this legislation, Am- girl. ‘‘Army Reserve Fears Troop Exodus.’’ bassador Bremer ignored that. Now, this is $87 billion on top of the According to the article in yesterday’s The President is insisting we pay for $79 billion which was appropriated in USA Today, the chief of the Army Re- the war in Iraq and the reconstruction

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.044 S01PT1 S12238 CONGRESSIONAL RECORD — SENATE October 1, 2003 of that nation by plunging our own ess. How are we going to do it? Where I have been privileged to read a whole country deeper into debt. Every dollar is the muscle? series of letters that have been written we spend in Iraq to avoid increasing I expect there will be a number of to families by those young men and Iraq’s debt is an IOU we are passing on amendments offered to this supple- women. As I have said before today, I to our children. Think of it. We are mental package. I have several I intend have not seen one that indicated any writing a $20.3 billion IOU for this year to offer. If they are adopted, they will, doubt about the work they have done alone for building a massive new infra- in my opinion, improve this bill. or lack of any sense of real commit- structure in Iraq. Whether they will improve it enough to ment to that job. They have just been The money the President wants to win my endorsement remains to be really tremendous letters. borrow for Iraq will come directly out seen. It is a different experience to go of American taxpayers’ wallets in the I was opposed to the President’s war overseas now and visit these people. form of Medicare and Social Security in Iraq before it began. I am strongly They have the Internet. They have surplus receipts. That is your money. opposed to the doctrine of preemption tents or buildings where they can lit- We have collected that money from the on which the war in Iraq was predi- erally attend college during part of pockets of American workers, the cated—the doctrine of preemption, their days. They have telephone serv- American workers who gave their unilateralism, preemption, strike-first, ice. They have mail service quite fre- sweat in the factories, in the mines, in invade first. quently—I am sure not as frequently as the fields, on the oceans—the American I support unconditionally the men they would like. workers. No one told them they were and the women in uniform and their Going back to my day, I didn’t have paying to rebuild Iraq. We don’t even families—they are bearing the most di- a telephone call from the time I left know how much of the $20 billion in re- rect burden of the war in Iraq—but I home until the time I got back to Ha- construction funds will flow to govern- remain unconvinced that this bill is waii, having spent the better part of 2 ment contractors in Iraq. Estimates the best way to offer those troops our years roaming the world. We didn’t range from one-third of the reconstruc- support. I, frankly, think our most have the Internet, obviously. We didn’t tion funds to almost all of them. What- meaningful support would be to take have much mail. Yet we came back ever the amount is, we know that the the diplomatic steps needed to get help with the belief that what we had done from other nations which will result in size and the scope of the profits being was the right thing. getting our troops out of the quick- made will be enormous. I think these people, when they come Former Bush administration officials sands of Iraq. That is the way to sup- home, will tell us that. I think the are even setting up consulting firms. port the troops. Get other nations in. world will see a new generation of Listen to that. Former Bush adminis- This bill does not do that. Americans, a different group, educated This bill, in my opinion, sets the tration officials are even setting up in a new age, in terms of war, knowing United States up for what could well be consulting firms to act as middlemen what they are capable of and knowing a prolonged military and financial in- for contractors hoping to take part in the horrors of war. vestment in Iraq. It ignores the hard the Iraq bonanza. Are we turning the The impact of those people in the fu- realities of democratization of totally ture is going to have a great deal to do U.S. Treasury into a grab bag for favor- different cultures. It ignores the reli- with our foreign policy. I do believe ite campaign contributors to be fi- gious divisions which inflame the Mid- they know now what it takes to follow nanced at taxpayer expense? Is that dle East. on after a war. I can tell you, since I why the administration is so reluctant Again, I thank Senator STEVENS for to make concessions that would bring his willingness to accommodate me was coming home, I am sure most peo- other countries on board? and others who have expressed con- ple from my generation would say the Instead of redoubling our efforts to cerns with this bill. I appreciate the same thing: We didn’t think about who spread the burden of rebuilding Iraq difficult conditions under which he is was going to rule Germany, or we among the international community, working. I look forward to a full and didn’t think about terrorists in Ger- the President appears content to sim- robust debate. I encourage all Senators many or who was going to run Japan; ply present the bill to the American to focus closely on this bill, listen care- we knew the military was going to do taxpayers, and to their children. fully to the debate, and draw their own it. They were sending military replace- The stability of Iraq is of concern to conclusions in the fullness of time ments at the time. nations other than the United States. based on a dispassionate evaluation of This is not that world. This is a dif- Could they be resisting helping out be- the merits of individual amendments. ferent world now. Those kids of ours cause they resent the President’s high- I will have more to say at a later are going to come home when we have handed decision to spurn the United time. For now, I ask my colleagues to replaced them with Iraqis who are ca- Nations and attack Iraq on his own consider carefully the implications of pable of defending themselves. We are terms with only meager international the policies implied in the funding of going to move into that age, a rapid re- support? the bill before us and to give this meas- construction of that country. This is There is a donors conference in Ma- ure the full time and attention it de- the way to do it. drid later this month. Could we be serves. It is a lot of money, no question overbilling the American taxpayers by Mr. President, I yield the floor. about it. But the supplemental we put rushing this package through the Sen- The PRESIDING OFFICER. The Sen- up before was primarily for defense. ate now and signing up for $20.3 billion ator from Alaska is recognized. Two-thirds of this money is for defense. in debt before we even try to make the Mr. STEVENS. Mr. President, we I don’t know any argument about real- real accommodations which would en- have a Senator who is on the way now ly the total amount of this. We didn’t courage other nations to reach into to offer an amendment. I will be happy have arguments in terms of providing their own pockets? to receive that. for our men and women who were dis- The package before the Senate goes In response to my good friend, our patched to win the war. The problem is far beyond asking the Senate to write senior Member of the Senate, I under- too often people talking about the a check on the taxpayers’ account for stand his position fully and I appre- whole amount as being the whole $87 billion. The package before us asks ciate that he understands mine. amount for reconstruction of Iraq. the Senate to underwrite the long-term Having been involved in my lifetime That is not true. The major portion democratization of Iraq as some sort of in service overseas, I have, since I have of our spending has been because we catalyst for triggering the democra- been in the Senate, traveled many rely upon a volunteer Army, Navy, Air tization of the entire Middle East. One places in the world to talk to our men Force, Marines, and Coast Guard. We cannot help but wonder how the United and women in uniform. I find that to- have promised them we will go to every States can single-handedly precipitate day’s group of young men and women degree to support them, to provide the democratization of the entire Mid- who represent us in our military serv- them their needs, to see their families dle East when, with all our will and all ice are the finest I have ever known. I are cared for, and particularly to give our might, we cannot even budge the think the job they did in Iraq was out- them the kind of weaponry which will stalled Israeli-Palestinian peace proc- standing. permit them to survive.

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.047 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12239 As I said in the committee and before pensation for the military which would would you run out of money for the re- the press, in World War I, manpower have created a very great inequity and construction effort? was expendable. In World War II, man- a disservice for so many active soldiers He said: December 1, maybe January power was expendable. Even in Korea, and activated guardsmen and reservists 1, but somewhere in that range. manpower was expendable. We do not who are assigned to locations other Clearly, a matter of a week or more do that now. We do not have that phi- than Iraq and Afghanistan. to ask hard questions about the recon- losophy as a Government, as a people. The administration proposal origi- struction of Iraq would not create any We put people in the field to win wars nally would have resulted in the family disadvantage to the efforts of Ambas- and come home at tremendous cost. We separation allowance—the money sador Bremer and the efforts on the pay that cost, and this bill is for that which we would give them so families ground in Iraq. But the administration, cost—$66 billion for defense expendi- can get through this tough time—being the White House, is hellbent on moving tures. eliminated for those serving outside of this appropriations bill through as I don’t expect to hear too many ques- the Iraq and Afghan theaters. This bill quickly as possible. tions about those defense expenditures changes that provision. So two Depart- I went on to ask Ambassador Bremer: because they are necessary to maintain ment of Defense policies which did not If we are putting $20 billion into the re- this force. History will show it is prob- help our soldiers and, in fact, I think construction of Iraq, what is the total ably the most superb military oper- were unfair to them, have been cor- cost? What would be the total commit- ation in history, keeping in mind how rected by this bill. I salute the chair- ment necessary for us to reconstruct it had to be changed when we no longer man and members of the committee for Iraq as you see it? I asked him this could use Turkey for access to the joining in making certain that hap- question 2 weeks ago. He said: $60 billion is the total cost. northern part of Iraq, the way it shift- pened. That is the estimate given to us by the ed, the command worked—I think the Let me also add, this bill includes about $67 billion for the maintenance World Bank, $60 billion. commanders have been sheer military I said: The difference, obviously, of of our military in Iraq and Afghani- geniuses, and they have done a good $40 billion is unresolved at this mo- stan. I totally support that effort. I job under Secretary Rumsfeld. I believe ment. Where will it come from? we should support them, we should came to the floor last October and Ambassador Bremer told us it would take them further, and we should do voted against the use-of-force resolu- come from donor countries that would our best to make certain everything we tion, but I feel today, as I did shortly give money to this effort to rebuild do is designed to do one thing: to bring thereafter, that with the beginning of Iraq. those people home; to give them a the hostilities, that vote, frankly, I have to tell you in all candor, as I chance to come home and tell us what should be set aside and we should focus said to him, all of the coalition of the they did and, above all, not going into on making certain the men and women willing, all of the countries in the a period of military occupation of this serving this country have everything world have pledged less than $2 billion. country. they need to not only accomplish their Where are you going to find the re- That was not our mission, and I do missions but come home safely. The re- mainder? believe the American people, once they quest from the administration for some He said we have to work on that. realize what we are doing, will under- $67 billion for that purpose is money Again, we find the Bush administra- stand why it costs money to fight wars that I think should be made available tion without a real plan and a real the way we fought this one and to fight through this Congress, and I totally en- budget for the reconstruction of Iraq. I for the peace with this supplemental dorse it. said to Ambassador Bremer at this money when it is provided to the ad- Of course, there is another portion of point: Can you give me your word and ministration. this bill, and that other portion relates the word of this administration that I am informed the Senator who was to the so-called reconstruction of Iraq. you will not come back to us and ask going to come to the Chamber will not That, of course, raises other questions, for more money than the $20 billion come for another 25 minutes. questions which I don’t believe have being requested for reconstruction in I yield the floor. I see the Senator been adequately addressed by this Con- this appropriations? from Illinois wishes to speak. gress. He said: That’s it, $20 billion; that’s The PRESIDING OFFICER (Mr. It strikes me as unusual that we are it. That is all the United States needs HAGEL). The Senator from Illinois. pushing through this $87 billion supple- to come up with. Mr. DURBIN. Mr. President, I thank mental appropriations bill on such an It doesn’t add up. You can’t put to- the chairman. I am happy to come to expedited schedule that we have not gether $20 billion in this bill, $2 billion the floor and speak on the bill which taken the time to ask the hard ques- for the rest of the world and total $60 we considered yesterday in the Appro- tions. Keep in mind the $87 billion in- billion. This could be a bait-and-switch priations Committee, and that is the cluded in this bill is a sum total of tax- situation, and I think Senator BYRD administration’s request for $87 billion payer spending over and above the has raised that point. Once we have in- for Iraq and Afghanistan. total we spend each year on Federal aid vested the first $20 billion, are we like- First, there are items in this bill to education and foreign aid. So we are ly to leave? The next argument would which I think are very valuable. We putting in this one bill $87 billion and be: Come on, you don’t want to stop. were all shocked to learn the Depart- bringing it for consideration by the You can’t change horses in midstream. ment of Defense had a policy which re- Senate in a matter of days, when these Let’s finish it out. Let’s finish the job, quired those soldiers who were gravely other items—foreign aid and edu- which means more demands on the injured and returned to the United cation—take weeks and months of re- American people. States for medical treatment would be view and preparation before they come I hope you understand the skepticism charged on a per diem, daily basis for to the floor. that many of us bring to this debate is the food they ate at the hospital. Of course, Senator BYRD has led our based primarily on actual statements It is my understanding this bill, side in asking the question: Why do we made by the Bush administration among other things, eliminates that have to do this with such an abbre- about the reconstruction of Iraq. requirement. Thank goodness. I cannot viated schedule where we don’t take Do my colleagues recall last year, believe it existed, and it is certainly the time to ask the hard questions? when economic adviser at the White unconscionable that men and women When Ambassador Bremer, who serves House Lawrence Lindsey, on Sep- who have been gravely injured and are our country in Iraq at this time, came tember 15, said he estimated that the going through medical treatment and to speak before the Senators’ luncheon cost of the war, military and recon- rehabilitation would be charged extra 2 weeks ago, I asked him a series of struction, would be between $100 billion for the food they are served. I am glad questions about the reconstruction ef- and $200 billion? Remember when he that requirement is removed. fort. said that? As a result of that state- I also salute my chairman, Senator The first question I asked him was ment, he was admonished by Mitch STEVENS from Alaska, for stopping the this: If we didn’t appropriate a penny, Daniels, then Budget Director, who administration from changing com- if we didn’t give you anything, when said:

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.050 S01PT1 S12240 CONGRESSIONAL RECORD — SENATE October 1, 2003 $100 billion to $200 billion is likely very, is developing nuclear weapons. Well, Paul Wolfowitz, Assistant Secretary very high, if it’s meant to apply to the cost guess what. There is no evidence of of the Department of Defense, the man to taxpayers. that. That was the first thing they told who is credited with being the archi- So Mitch Daniels was sent out to ad- us was the reason for the urgency, to tect of this Iraq strategy, the man who monish Larry Lindsey to not use fig- get in there and stop the development was pushing harder than most for the ures like $100 billion to $200 billion. of these nuclear weapons. Here we are invasion of Iraq even if the United I would ask Senator BYRD: If I am more than 5 months after the end of States had to go it alone, stated on not mistaken, did we not first appro- military hostilities with no evidence March 27, 2003, when asked about the priate $79 billion in a supplemental ap- whatsoever. In fact, the statements by cost of reconstruction: propriation for Iraq and now we are the President about this uranium, this And on a rough recollection, the oil reve- coming back with the second supple- yellowcake, coming in from Africa to nues of that country could bring between $50 mental request of $87 billion and more Iraq, that he made in his State of the and $100 billion over the course of the next to follow? Are we not talking already Union Address, he has had to say with- two or three years. . . . We’re dealing with a over $160 billion that is being spent in the last few weeks were just wrong; country that can really finance its own re- through these supplemental appropria- that evidence was not there. There was construction, and relatively soon. tions? no reason to make that statement. Six months ago, the leaders in this The PRESIDING OFFICER. The Sen- Then they went on to say there is im- administration were telling the Amer- ator from West Virginia. mediacy for this invasion because of ican people they would not have to Mr. BYRD. In response to the Sen- the chemical and biological weapons. bear this burden; the Iraqis with their ator, if I may say, the first action by In fact, it has now been declassified oil revenues will be the ones to bear the Senate was in April of this year that we had identified 550 suspected the burden. when the Congress passed the 2003 sup- sites of weapons of mass destruction, Quoting Secretary of Defense Donald plemental appropriations bill. That ap- chemical and biological weapons, in Rumsfeld from March 27, 2003: propriated $79 billion. The Senate is Iraq. We are 5 months after the fact, I don’t believe that the United States has now being asked to enact an $87 billion and after thousands of our inspectors the responsibility for reconstruction, in a 2004 supplemental appropriation. That have combed all of those sites and oth- sense. . . . And the funds can come from those various sources I mentioned: frozen as- is before the Senate today. ers, they have come up empty. Now, Mr. DURBIN. At the moment, the sets, oil revenues and a variety of other Mr. Kay may find some evidence of things, including the Oil for Food, which has sum total of those bills, if I am not something, but in the 550 sites of weap- a very substantial number of billions of dol- mistaken, if this turns out to be $87 ons of mass destruction they just were lars in it. billion, is somewhere in the range of not discovered. So here we have the leaders in the $166 billion? Then there was the argument that administration who were categorical in Mr. BYRD. It is indeed. not only did they have those weapons saying that this day would never come, Mr. DURBIN. I thank the Senator, but they could launch them in 45 min- that we would not be on the Senate our Democratic leader and ranking utes—the word ‘‘launch’’ was used—as floor saying to the American people we member on the Appropriations Com- a threat to the region, as a threat to need billions of dollars for Iraq, saying mittee, because it turns out that Law- the United States. That was repeated to the American people we need to add rence Lindsey was right. He said it was by Prime Minister Tony Blair as well to the deficit of this Nation at the ex- going to cost about $100 billion to $200 as this administration, and in fact pense of spending for America’s schools billion. He lost his job over that state- there is no evidence whatsoever that is and America’s health care, saying that ment. He was asked to leave the ad- the case. we need to add to our Nation’s deficit ministration. Then the argument was made, wait a and money being taken out of the So- Mitch Daniels, then Director of the minute, keep in mind that Saddam cial Security trust fund. The adminis- Office of Management and Budget, was Hussein was part of this grand terrorist tration told us time and time again quoted on December 31, 2002, in the conspiracy that struck the United this day would never come. Yet here we New York Times, as having said then: States on September 11, 2001, in con- are a few days after, 2 weeks after, and The administration’s top budget official cert with al-Qaida. Just 2 weeks ago, the President tells us this is the only estimated today that the cost of a war with the President had to come forward, Iraq could be in the range of $50 billion to $60 way we can end our commitment to after Vice President CHENEY had said billion. Iraq, the only way we can bring the something very similar, and correct Well, we have blown past that, clear- troops home, to spend literally billions the record and say, no, we have no evi- of dollars for the reconstruction of this ly. As I have noted, we are at $166 bil- dence of linkage between Saddam Hus- lion and counting. The ultimate cost of nation. sein and al-Qaida. So here we have a Let me give one other quote from reconstruction, if it is $60 billion, case that is being built for the invasion USAID Administration Natsios. He means another $40 billion has to be of Iraq without a coalition that is glob- works in the Department of State. Mr. found, and there are not many coali- al, without the support of the United Natsios is responsible for the agency tion donors willing to step forward Nations, and we find that the ration- that does reconstruction, redevelop- with real money, and that is the re- ale, the arguments for it, have all bro- ment, and rebuilding around the world. ality. ken down and fallen apart. The other thing that troubles many That is what that agency does. Others raised the question at the The date is April 23 of this year, 6 of us is that this administration, in time, well, after we win in Iraq, after months ago. He appeared on justifying the invasion of Iraq, said we have deposed Saddam Hussein, they ‘‘Nightline’’ with Ted Koppel. Ted many things. They said, No. 1, Saddam asked President Bush and his adminis- Koppel said to him: Hussein is a tyrant who should be re- tration, how will we rebuild it? What is placed. No one argued with that. Ev- I think you’ll agree, this is a much bigger the future of Iraq? And that is where project— eryone agreed. He was a dictator who the statements started pouring out Referring to Iraq— was cruel to his own people, a threat to that are relevant to this debate. the region, and potentially a threat be- than any that’s been talked about. Indeed, I Vice President CHENEY on ‘‘Meet the understand that more money is expected to yond. But then when they started Press,’’ March 16, 2003: building the case of why we had to do be spent on this than was spent on the entire In Iraq, you’ve got a nation that’s got the Marshall Plan for the rebuilding of Europe it quickly, before we built a coalition second-largest oil reserves in the world, sec- after World War II. of support, before we brought in the ond only to Saudi Arabia. It will generate Natsios replied: United Nations behind us, the adminis- billions of dollars a year in cash flow if they tration said we cannot wait; we have to get back to their production of roughly three No, no. This doesn’t even compare re- motely with the size of the Marshall Plan. go it alone; we have to create our own million barrels of oil a day. . . . coalition; we have to go outside the That was Vice President CHENEY Koppel: United Nations for the following rea- pointing to the oil reserves of Iraq as The Marshall Plan was $97 billion. sons: First, they said Saddam Hussein the way they will rebuild their nation. Natsios:

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.053 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12241 This is $1.7 billion— I think the American public out Iraq and leaving just a portion of the Not $97 billion. Natsios corrects him there is going to be confused about this money. As I understand, it would leave and says this is $1.7 billion for Iraq. business, the $66 billion. Is the Senator $5-plus billion in the fund from the Koppel says: from Illinois talking about $66 billion? $20.3 billion. All right, this is the first. I mean, when I thought he said he was going to sup- So I really am compelled to tell the you talk about 1.7, you’re not suggesting port that. Senator that I don’t think we can be that the rebuilding of Iraq is gonna be done Mr. DURBIN. I thank the Senator for for the troops, be for helping the for $1.7 billion? asking that question, allowing me to troops, and be against the $20.3 billion. Natsios replied: clarify, because I want to make it So I am compelled to object, and I do Well, in terms of the American taxpayer’s clear, as I thought I had. object. contribution, I do, this is it for the US. The When it comes to the money to sup- The PRESIDING OFFICER. Objec- rest of the rebuilding of Iraq will be done by port the troops, I am there for every tion is heard. other countries who have already made dollar. That is why I think Senator Mr. BYRD. Would the Senator with- pledges, Britain, Germany, Norway, Japan, BYRD’s amendment is so important, so hold his objection temporarily? Canada, and Iraqi oil revenues, eventually in we can— Mr. STEVENS. I do withhold the ob- several years, when it’s up and running and jection. I am happy to have a dialog on there’s a new government that’s been demo- Mr. STEVENS. Why does the Senator cratically elected, will finish the job with mention $87 billion? this matter. their own revenues. They’re going to get in Mr. DURBIN. That is the total cost The PRESIDING OFFICER. The ob- $20 billion a year in oil revenues. But the of this bill, if I am not mistaken. The jection is withheld. American part of this will be $1.7 billion. We difference, of course, the $20.3 billion, The Senator from West Virginia. have no plans for any further-on funding for or $21 billion, for reconstruction. I con- Mr. BYRD. I thank the manager of this. cede we have to add to our deficit and the bill and chairman of the com- Six months ago, the Department of borrow from the trust fund to support mittee. State USAID Administrator tells you the troops. I will do that and go home Mr. President, the President has the sum total of America’s responsi- and defend it. But when it comes to the asked Congress to appropriate a great bility for Iraq is $1.7 billion. And we $20 billion for reconstruction, this ad- deal of money for the occupation and come today with a bill on the floor ministration is asking 15 or 16 times reconstruction of Iraq. But the Amer- that is 20 times that—not quite 20 more than they were asking 6 months ican people have not yet been con- times that; it is $20 billion to be accu- ago. vinced that spending this money is the rate. So let’s be very clear to the Amer- right thing to do. One poll conducted Koppel couldn’t believe it: ican people. The reconstruction of Iraq, by the Washington Post found that 61 And we’re back once again with Andrew with a total cost of $60 billion, is just percent opposed spending $87 billion for Natsios, administrator for the Agency for getting started with this bill. We are in Iraq and that 85 percent were con- International Development. I want to be sure for the long haul, if we pass this bill as cerned about our country becoming I understood you correctly. You’re saying written. bogged down in a long and costly the . . . top cost for the U.S. taxpayer will be Senator BYRD has an appropriate peacekeeping mission. $1.7 billion. No more than that? amendment he offered in committee. One of the most contentious parts of Natsios says: Let’s separate it. Let’s vote for the the President’s request is $20.3 billion For the reconstruction. support of troops. Let’s make that in reconstruction aid for Iraq. The That is it. Those are the commit- clear and get it done. But then, to go more details that come out about this ments made by the administration that on beyond that and the reconstruction, aid, the more the American people are led us up to this moment in the debate, let’s address that in the specific terms uncomfortable with this spending. and it is that point we have reached it deserves. They are seeking important answers to where we are now debating on the floor I yield the floor. fair questions. Why can’t our allies a reconstruction bill far in excess of The PRESIDING OFFICER. The Sen- bear some of the cost? How much what we ever anticipated. ator from West Virginia. money will the administration seek for Because it is in excess, many of us Mr. BYRD. Mr. President, I sought, Iraq after this aid package? What believe we need to step back and ac- in the Appropriations Committee on about our needs for reconstruction here knowledge the obvious. Though the ad- yesterday, to sever the title that in- at home? ministration and the military may volves the reconstruction money for In the 14 days we have had in which have had an excellent plan for the mili- Iraq and send to the Senate two bills, to examine the President’s supple- tary conquest of Iraq, they did not one dealing with the military funding mental appropriations package, I do have a plan to rebuild that nation. and one dealing with the reconstruc- not think anyone has come up with the They had no idea what it would cost, tion. I failed on a party line vote. answers to those questions. What we do and they come to the American people I am trying, at this time, to do vir- know is that this reconstruction today asking for more money than was tually the same thing. I ask unanimous money will not cover all that is needed ever imagined even 6 months ago by consent that the bill be divided into to be done in Iraq. Ambassador Bremer, the leaders of this same administra- two freestanding bills, the first includ- in his testimony to the Appropriations tion. ing funds for our military in Iraq and Committee, stated there are $60 billion I am going to yield the floor at this Afghanistan and the funds for rebuild- to $70 billion in reconstruction needs in point because I know Senator BYRD ing the Iraqi security forces and the Iraq over the next 4 to 5 years. Spend- wants to offer an amendment. emergency designation included in ing $20.3 billion now could leave us on Mr. STEVENS. Will the Senator title III, the second bill including the the hook to spend billions more later. yield? funds for Iraq’s reconstruction and the Before we commit our country to This Senator is a little confused. I emergency designation included in this path, we would be wise to seek a understand the Senator from Illinois to title III, and that the second bill be consensus and common understanding say he is fully in support of the defense laid aside to be considered immediately of the appropriate roles for the United money. Yet when he talks about the upon the disposition of the first bill States, our allies, and the Iraqi people money he is unwilling to support, he dealing with the funds for our military. in rebuilding that country. includes it in the total $87 billion. The PRESIDING OFFICER. Is there I am offering a unanimous consent Are we talking about the $20.3 billion objection? request to divide the bill that is before or are we talking about the $87 billion? The Senator from Alaska. the Senate so we may give close scru- Certainly the $87 billion, if the Senator Mr. STEVENS. Mr. President, reserv- tiny to the two distinct issues that are from Illinois is consistent, includes the ing the right to object, I wish to state addressed in this bill, the $65.6 billion $66 billion which he will support. It the Senator from West Virginia did in defense funding that is contained in would come from borrowed moneys offer this amendment. It would have title I, plus the $5.1 billion for Iraq’s se- from Social Security trust funds and the impact of splitting these two por- curity forces; and the remaining $15.2 other funds, that is true. tions of our programs that deal with billion in foreign aid spending in title

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.055 S01PT1 S12242 CONGRESSIONAL RECORD — SENATE October 1, 2003 II for Iraqi reconstruction. Each of American public has been told that tion’s plan for the reconstruction for these elements is deserving of debate $20.3 billion is part of the process that Iraq. on its own right. will eventually reduce the military ex- Surely if we are to commit the The administration is sure to oppose pense and bring our people back. United States to spending $15.2 billion dividing the content of this bill so that We have taken the position of a sin- over the next 12 months, Congress the Senate may consider independently gle package—a fund for the military should be able to see the full plan for the issues of military funding and re- operation, and a fund for reconstruc- the rebuilding of Iraq. If it is indeed construction funds. But, why? Perhaps tion and restoration of Iraq going on just the 28 pages that were given to the the White House is afraid that its $15.2 concomitantly so we don’t have to go Appropriations Committee, I think we billion for Iraqi reconstruction cannot into a period of military occupation. are in trouble. withstand the scrutiny of the full Sen- I think the Senator’s amendment is If Congress is going to pay for the ac- ate unless it is wrapped up in the guise sort of a dangerous thing because it tivities that are called for in the plan of support for our troops. says go ahead with the military oper- to reconstruct Iraq, we should also But that has not been administra- ation but we won’t give you any money have a say on formulating that plan. tion’s argument. We have heard again to help to stand up the Iraqi army, or By waiting to approve the $15.2 billion and again from Ambassador Bremer to stand up the Iraqi security force, or in reconstruction funding, Congress and Secretary Rumsfeld that the ad- to take action to assure the power- could take advantage of that time to ministration views this reconstruction plants are working and the oil pipe- debate the proper role of the United money as every bit as important as the lines are working because we think we States, our allies, and the Iraqi people military portion of the bill. ought to wait until there is a govern- in sharing the cost of reconstruction. If they are confident in their case, let ment. You cannot get a new govern- The cost of acting without a solid the Senate divide the bill. Perhaps the ment without some reconstruction and plan for rebuilding Iraq could be very administration’s arguments will carry without some security and without high—well beyond the $15.2 billion in the day. But the American people know some mechanism to assist our forces so reconstruction funds the President has this is really two bills wrapped into our forces can draw back and not take requested for the next year. We could one. over the whole job. end up wasting billions of dollars more In just a few days, the Senate will go I object to the Senator’s request. and losing even greater numbers of into a week-long recess and our con- The PRESIDING OFFICER. Objec- American troops. In the words of stituents will ask Senators what they tion is heard. Publius Cyrus, nothing can be done at are doing to scrutinize the huge Mr. BYRD. Mr. President, I respect once hastily and prudently. amount of reconstruction spending in my colleague greatly, and I respect his I urge my colleagues to vote to give the bill. The American people want us reasons for objecting to my unanimous Congress more time to consider this to deal with reconstruction spending consent request. $15.2 billion in rebuilding aid, and I differently than with military spend- I have already offered the unanimous urge my colleagues to support the ing. We owe it to them to consider the consent request to divide the Presi- amendment. two components of this bill in the most dent’s supplemental request into por- AMENDMENT NO. 1794 reasonable manner possible by dividing tions, one on the $71.5 billion for our Mr. BYRD. Mr. President, I send my the bill and giving each part the scru- military and for Iraq’s own security amendment to the desk. tiny it is due. force, and one for $15.2 billion in recon- The PRESIDING OFFICER. The The task of rebuilding Iraq will be struction aid. Although there was ob- clerk will report. enormous. The American people are be- jection to my request, the American The bill clerk read as follows: ginning to understand this. The United people understand why the issue of se- The Senator from West Virginia [Mr. States can hardly afford to bear the curity is not the same as the issue of BYRD] proposes an amendment numbered costs of reconstruction by ourselves. reconstruction. The amendment that I 1794. For this reason alone, we should debate will now offer would strike $15.2 billion (Purpose: Strike $15.2 billion of the $20.3 bil- the issue of reconstruction separately in reconstruction aid from the supple- lion in Iraq Relief and Reconstruction from the request the President has mental appropriations bill. This would Funds, leaving $5.1 billion for training and made for our armed services. My unani- allow the Senate to proceed with its equipping the Iraqi Defense Corps and Iraqi mous consent request is a common- consideration of $70.7 billion in secu- national security forces and for other pub- lic safety and justice purposes) sense approach to proceeding with this rity-related funding for Iraq, $5.6 bil- debate in the Senate. lion for the Department of Defense, $5.1 On page 25, line 7, strike ‘‘rehabilitation billion for building the new Iraqi army and reconstruction in Iraq’’ and all that fol- Let me again repeat my request. lows through page 28, line 15 and insert ‘‘in Mr. President, I ask unanimous con- and a national police force, and $1 bil- Iraq, $5,136,000,000, to remain available until sent that the bill be divided into two lion for aid to Afghanistan, and State expended, for security, including public safe- freestanding bills, the first including Department operations. Adopting my ty requirements, national security and jus- the funds for our military in Iraq and amendment would allow the Senate to tice; Provided, That these funds may be Afghanistan and the funds for rebuild- return to the issue of reconstruction transferred to any Federal account for any ing the Iraqi security forces and the after completing action on the Presi- Federal government activity to accomplish emergency designation included in dent’s request for security-related the purposes provided herein: Provided fur- title III; the second including the funds funding. ther, That notwithstanding any provision of this chapter, none of the funds appropriated for Iraq reconstruction and the emer- In the meantime, the Senate should under this heading may be made available to gency designation included in title III, give more careful consideration to the enter into any contract or follow-on contract and that the second bill be laid aside to administration’s plan for rebuilding that uses other than full and open competi- be considered immediately upon the Iraq. We should take a closer look at tive contracting procedures as defined in 41 disposition of the first bill dealing with the plan for postwar Iraq. The plan dis- U.S.C. 403(6).’’ the funds for our military. tributed by Ambassador Bremer to the Mr. STEVENS. Mr. President, there The PRESIDING OFFICER. Is there Appropriations Committee on Sep- are Senators who are at the signing objection? tember 22 adds but 28 pages. The plan ceremony. Can we get an agreement on Mr. STEVENS. Mr. President, again provides few details, and it only looks a time to vote on the Senator’s amend- reserving the right to object, I think out on the next 5 months of our occu- ment? I would like to see us vote on the Senator’s explanation and the pres- pation. However, in the same hearing, the Senator’s amendment sometime entation of the Senator from Illinois Ambassador Bremer said he had a plan around 4 o’clock. Is that possible? demonstrates the problem. The poll the that ran to 98 pages and containing 300 Mr. BYRD. I am not in a position at Senator has mentioned by the Wash- or 400 individual action items. That the moment to respond to that request, ington Post polled $87 billion. Yet does not sound like the plan he gave to I say most respectfully. there is no relevant objection to $66 the Appropriations Committee. It Mr. STEVENS. I thank the Senator. billion of that money. Why didn’t they sounds as if the Senate does not even Mr. President, I thank the Senator poll the $20.3 billion? I don’t think the have the full version of the administra- from West Virginia for his courtesy in

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.058 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12243 bringing this amendment forward. It is in history this has been done. But there I will take a broader view at this one of the key issues of this bill. The is a substantial chance it will work. time of the process before the Senate. Senator has offered an amendment. As There is another greater question As we debate the administration’s re- I understand, it would leave the de- ahead, a question of whether a portion quest for a supplemental appropriation fense money before the Senate and of the moneys should be repaid. We will of $87 billion for operations in Iraq, a would strike all but $5.136 billion for have to address that question in the salient fact emerges. We are commit- the public safety and national security near future. I thank the Senator for ting ourselves to a long-term, expen- requirements of the proposal presented raising this issue. It is the key issue he sive involvement in Iraq. We should re- by the President in the emergency sup- attached to a unanimous consent alistically assume that significant plemental bill. agreement and I opposed. military forces will be committed to In my judgment, this tries to sepa- For those who support the concept, Iraq for at least 10 years. The cost of rate just a portion of the problem. The you cannot be for the troops and maintaining the forces will not become problem that has been brought before against the money. We need to assure negligible. Indeed, they are likely to our committee is the problem of thou- the troops have the support they spike even higher at times based on the sands of Iraqi people who do not have should have coming out of the Iraqi level of violence and instability. jobs because the economy is not func- people and out of the restoration of This reality should also shape our tioning in this triangle where terror- their ability to defend themselves and views on force structure. The nature of ists are. They do not have security. to police for themselves and set up this insurgency places significant de- This maintains the money for the secu- their own new government. mands on the Army. Without the con- rity and public safety, but it does not This is the intertwining of these two tribution of additional international maintain the money for restoring the proposals. I tell my friend I must op- forces, the strain on our military jails. All the jails were destroyed and pose this. I will ask for the vote to forces, but particularly the Army, will all the prisoners were let go. It does occur sometime soon, I hope, because be serious. These strains will be re- not restore the money necessary to we ought to get this subject behind us flected in unsustainable operations proceed with the development of the as quickly as possible. tempo and heightened demands for systems that will lead to restoration of I don’t know if the Senator is willing military police rather than conven- the economy and it does not cover the to talk of a time certain. Because of tional combat forces. Ultimately, these balance of the money in the plan for the problem of the signing ceremony stresses could seriously erode recruit- this fiscal year. We believe it carries for the Homeland Security bill, it will ment and retention. beyond the July period when, hopefully not be possible to have the vote before The administration is increasingly by that time, Iraqi oil money will be 4, but I am happy to have the vote at aware of these problems. Last week, flowing at a rate where they can pick any time after 4 if the Senator is will- Secretary Rumsfeld indicated the Pen- up and do the reconstruction and reha- ing to call for a vote. tagon was preparing for the callup of a bilitation of Iraq. How long would the Senator from large number of Army Reserves and I am compelled to say I oppose this Rhode Island like to speak? National Guard. This is only a short- amendment. It is my hope we can get Mr. REED. I will use about 20 min- term solution at best. Today, the an early vote on it. It is a significant utes. Rhode Island National Guard is in the portion of the problem. Many people Mr. STEVENS. He is not speaking on thick of a fight in the Sunni triangle. came to me as chairman and asked, the Senator’s amendment, but has his The 115th military police company, the why don’t you take the defense por- own statement? 119th military police company, and the tions separately and take the rest in a Mr. REED. I will make a statement 118th police battalion have performed separate bill? That is what Senator and also concur with the amendment of with distinction and sadly have already BYRD tried to do in his previous unani- the Senator from West Virginia. sustained three soldiers killed in ac- mous consent request. We conferred at Mr. KENNEDY. After the Senator tion along with several wounded in ac- length with Ambassador Bremer, with from Rhode Island, I would like to tion. These are proud and patriotic sol- Secretary Rumsfeld, with General speak on the Byrd amendment for 15 diers who will continue to do their Abizaid. They were all before our com- minutes. I am happy to accommodate duty. However, in the face of the prob- mittee. They all said this process is the floor managers if we want to rotate ability of repeated callups over the one of tying together the reconstruc- back and forth. tion and rehabilitation with our con- Mr. STEVENS. That can be accom- next several years, I am concerned many of these soldiers will leave the tinued military operations with the modated with a time limit we are Guard rather than face the prospects of hope that as the reconstruction moves thinking about. Senator MCCONNELL repeatedly leaving their families. forward, our people can move out and has a sense-of-the-Senate resolution. I Given the escalating costs in both we can start the process of with- hope we establish a procedure where we lives and national resources, it is in- drawing as soon as it starts. That has have an amendment from one side, the cumbent upon us to ask whether we already occurred. General Pace testi- other side, and work on a basis of com- have blundered into a strategic mis- fied some of our people have already ity when that time comes. take of the first magnitude. been withdrawn from the areas where I am happy to yield the floor. I hope The first principle of war is: ‘‘Objec- we think there has been peace and sta- we have the dialog as to when the vote tive.’’ In the words of the Army field bility restored. Although those areas will take place in the near future. manual: do not have a national government, The PRESIDING OFFICER (Mrs. direct every military operation toward a they have local governments that are DOLE). The Senator from Rhode Island. clearly defined, decisive and attainable ob- now functioning. We are providing Mr. REED. I rise to indicate my sup- jective. some security in the background there, port for the approach adopted by the The evolving rationale for a preemp- that is true. They need that for a little Senator from West Virginia. It is clear tive attack began with the assertion while more. to everyone in this chamber and to the that the Saddam Hussein regime had I firmly believe that if we can get American public that we will fund our weapons of mass destruction of imme- this plan going and have the recon- forces in the field. In fact, I am pre- diate concern to the United States. struction funds go forward with the pared in the next day or so to bring In addition, the administration con- military operations, there is support forth amendments to increase the re- sistently implied and, at times, overtly for our soldiers there now and assur- sources going to our troops in Iraq and asserted that there was a ‘‘terrorist ance that we will go into a period Afghanistan. It is absolutely essential. link’’ with Iraq. The larger implication where there comes a time we can with- It is also essential we are given the was this ‘‘terrorist link’’ was tied di- draw more and more of our forces. The time and the opportunity to look care- rectly to al-Qaida. Both of these asser- plan the President has presented is a fully at the reconstruction funds. The tions have been proven to be exagger- plan that could work. I am not here to Senator from West Virginia has an ated. say I know it will work; it could work. amendment that allows that. I concur Now the administration claims we If it worked, it would be the first time with his amendment. must stay and rebuild Iraq because to

VerDate jul 14 2003 01:06 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.062 S01PT1 S12244 CONGRESSIONAL RECORD — SENATE October 1, 2003 withdraw would be a grievous blow to United States—a threat that could Former Ambassador James Dobbins our power and prestige. This point has mean a catastrophic attack upon the and his associates at Rand conducted a merit. But the kaleidoscope of ration- United States—is worldwide, diffuse, careful review of nation-building ef- ales for our operations are anything and disbursed. And one has to question forts since World War II. Ambassador but ‘‘clearly defined.’’ that logic. Dobbins was President Bush’s special Secondly, our actions should be fo- While we focus on Iraq, both the envoy to Afghanistan after the defeat cused on a decisive outcome. The North Koreans and the Iranians are of the Taliban. Prior to that service, he greatest danger facing the United marching toward nuclear futures. If oversaw postwar efforts in Kosovo, States is another terrorist attack on these nations obtain nuclear weapons, Bosnia, Haiti, and Somalia. This report our homeland with weapons of mass de- then the barriers against proliferation points out: struction. One must ask whether our will slip even further. Once again, if On V-E day, General Dwight D. Eisenhower actions in Iraq are decisive in blunting the greatest threat facing us is nuclear had 61 U.S. divisions (1,622,000 men) in Ger- this threat. armed terrorists, is our strategic fixa- many out of a total of 3,077,000 men in Eu- Contrary to the President’s asser- tion with Iraq justified? rope. These soldiers became the occupation tion, Iraq is not the center of the war A third aspect of proper military ob- force for the U.S. sector. They manned bor- der crossings, maintained checkpoints at on terrorism. Indeed, one of the vexing jective is that the outcome must be as- road junctions, and conducted patrols aspects of the war on terror is the lack certainable. The administration’s stat- throughout the sector. The occupation was of a clearly defined center. The al- ed goal today is to transform Iraq into comprehensive and demonstrated the scope Qaida threat is international. But, if a market economy and constitutional of the German defeat. one were to look for a more lucrative democracy. Some doubt whether this Our occupation in Iraq is anything place to strike at al-Qaida, it would be goal can ever be achieved. It certainly but comprehensive and has yet to dem- the Afghan-Pakistan border where bin cannot be achieved quickly and at low onstrate to significant sectors in Iraq Laden dwells, not Iraq under Saddam cost. the scope of the defeat of the Saddam Hussein. The administration has placed us in a Hussein regime. When Secretary Wolfowitz testified predicament where we cannot afford to Pressures in 1945 to shift forces to the before the Armed Services Committee, lose, but winning may have a negligible Pacific theater and to ‘‘bring the boys he displayed for the cameras entry doc- effect on the existential threat to the home’’ led to a reduction of our forces uments for jihadists killed in Iraq. He Nation, an event with a catastrophic in Germany. Nevertheless, we main- was, once again, trying to make the impact on the United States. This tained a robust military presence in terrorist connection. However, all of could be a textbook definition of poor Germany compared to our current de- these documents showed that the indi- strategy. ployment in Iraq. viduals entered Iraq after March 19, the Now the administration comes before This chart is illustrative of the com- date hostilities commenced. Now a new us promoting this appropriations bill parison of what our forces would look rationale may be emerging from the as a Marshall plan for Iraq. Many of like if we adopted the same policies in administration: Our operations in Iraq my colleagues have pointed out that terms of troops to population that we are a giant trap to lure in Islamic ter- this is revisionist history, a term that did in 1945. rorists so that they can be destroyed. is frequently used in Washington This chart projects the experience in But this logic misses the point. The today. The Marshall plan was not several different nation-building sce- jihadists racing to engage us in Iraq whisked through Congress in a few narios on the present situation in Iraq. are not necessarily the same people weeks. It was subject to what the Con- In other words, it takes the ratio of the who are plotting to strike us here at gressional Research Service described troops we used then versus population home. In fact, our actions may have as ‘‘perhaps the most thorough exam- to the current population of Iraq. And fermented new legions of jihadists with ination prior to launching of any pro- it is instructive. ready access to Iraq. I posed the fol- gram.’’ The CRS added that President The first blue bar shows the kind of lowing question to General Abizaid Truman ‘‘closely consulted with Con- forces we would have if we were adopt- when he appeared before the Armed gress.’’ The authorization was for 1 ing anything close to the German ap- Services Committee last week: If there year, allowing the Congress, again, as proach after World War II. It is lit- is another terrorist attack against the described by CRS: erally off the charts. This shown here United States, is it more likely to ema- ample opportunity to oversee the Plan’s im- is the 600,000 troop level. Our troop nate from Baghdad or from the Afghan- plementation and consider additional fund- level is here—this red line—about Pakistan border? His answer is instruc- ing. Three more times during the life of the 142,000 troops. tive: Plan, Congress would be required to author- The next column, in the red, is ize and appropriate funds. In each year, Con- Japan. It is slightly less than the Senator, if there is another attack on the gress held hearings, debated, and further United States, it would be organized, present troop level in Iraq, but there amended the legislation. planned, and executed through a worldwide was a unique feature in Japan. Rather network of connections that are borderless. I think this comment is in the spirit than changing the regime in Japan, as It would be difficult to say where its geo- of the Byrd amendment because the we have in Iraq, we basically co-opted graphic center would be. There are certainly Byrd amendment will allow us at least the regime, keeping Hirohito in power, places on the Afghan/Pakistan border that a small opportunity for that implemen- and his presence was a decisive factor are semi-havens for terrorists, in the tation, that oversight, that review that in limiting the troops we needed. The Waziristan area, that the Pakistanis are was so present in the Marshall plan. next column is the Somalia level. working to clean up. There are other The Marshall plan differed in signifi- Again, this is a situation in which ungoverned spaces where this is also pos- cant details from the proposal we have sible. It is possible that a terrorist group many would argue insufficient troops working in Baghdad, or New York for that before us. The Marshall plan required a caused a tactical defeat on the ground matter, could organize the attack, so there dollar-per-dollar match by the recipi- and a strategic retreat which was em- is no geographic center that I would point to ent. It was not an unconditional grant barrassing for the United States. It is other than to say we’ve got a lot of cells in from the Treasury of the United certainly not the model for peace- a lot of locations that require careful, dif- States. About 10 percent of the aid was keeping. ficult work to uncover and destroy. in the form of loans that required re- The next column is Haiti, a situation We are in the midst of a global war, payment. The Marshall plan was based in which our entry into the country but we are disproportionately concen- on transparency, not secret contracts was unopposed. There was very little trating our effort in Iraq. Now, I do un- to companies favored by the adminis- violence. It was a small country, even derstand there are significant re- tration. though it had a significant population sources here for Afghanistan, and that But it is not just revisionist history; for its size. We turned over our efforts is appropriate, because Afghanistan it is highly selective history. If a Mar- to the United Nations within 2 years. today is in a very precarious position. shall plan is the proper economic tonic Instructive are the next two col- But a disproportionate concentration for Iraq, why aren’t our occupation umns: Bosnia and Kosovo. In these two of resources are being directed in Iraq policies after World War II the right se- countries, under the Clinton adminis- when the real existential threat to the curity policy? tration, we went in with robust forces.

VerDate jul 14 2003 01:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.065 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12245 As a result, there was none of the vio- sistent. There are more payments to I yield the floor. lence that we anticipated. We have ac- come. The PRESIDING OFFICER. The Sen- tually made progress, limited I would The real question before us is not ator from Massachusetts. add, to ensure that there is at least a whether this legislation will pass. The Mr. KENNEDY. Madam President, growing economy and a growing civic real question is whether the United today, as has been stated by my col- culture in these countries—a remark- States can sustain this effort in Iraq leagues, starts one of the most impor- able difference between the force levels over many years. The United States tant debates that we will have in this relative to those we have in Iraq. must set a defined, decisive, and ob- Congress or any Congress, I believe. The final column is Afghanistan, an- tainable objective in Iraq. Then we And the decision that is going to be other situation in which the adminis- must sustain the effort to achieve that made over the next 2 weeks will, in all tration has deliberately kept our forces objective. To sustain such an objective consequence, be as important as the de- low. Again, we are reaping some of and such an effort, we must move more cision that was made in October a year those costs today as we see heightened aggressively and quickly to secure ago when this body voted to grant the terror, a rebounding Taliban, the larg- international support, both military authority to the President to bring us est increase in production of opium and and financial support. This means giv- to war, a resolution which I voted heroin in the world, at least getting to ing the United Nations a meaningful against. those proportions, and that is another role in Iraq without ceding our leader- At the outset, I want to speak briefly example. ship. Without such a development, our to the amendment before the Senate; We can see throughout the course of attempt to obtain significant military that is, the amendment of the Senator the next 3 years projected forward and financial assistance from the world from West Virginia separating those where these troops sizes are signifi- community will be futile. items that could be considered recon- cant. It raises the question: If the eco- To sustain such an effort, we must struction and rehabilitation, and those nomic policy is the right policy, if this expand our military forces, particu- items which are directly related to the is a Marshall plan, where is the Mar- larly our Army, so that we can guar- support of our troops and say why I be- shall-like support in terms of troops on antee a predictable rotation of our lieve this is so important. That is be- the ground? troops into and out of Iraq and so that cause we do not have a good idea about The administration repeatedly makes we can lessen our reliance on Reserve what the administration’s policy is on the point that stability and reconstruc- and National Guard troops. The strain the issues of rehabilitation and the re- tion go hand in hand. They have seized on our ground forces is severe. And be- construction in Iraq. We don’t have the on the Marshall plan to justify this re- cause of our reliance on Reserve and plan of the administration. quest for billions of dollars but ignore National Guard, this strain is trans- I don’t say that lightly. I am a mem- the reality that stability is hard to mitted to every town in America. The ber of the Armed Services Committee. come by with insufficient forces. support of the American people will be Just a week ago we had Ambassador For example, the New York Times re- continually tested as they see their Bremer before us. The members of our ported just yesterday ‘‘that as much as neighbors serve and sacrifice without committee were sent this document 650,000 tons of ammunition remains at relief and with uncertain results. which is called the ‘‘Coalition Provi- To sustain such an effort, we must thousands of sites used by the former sional Authority, Achieving the Vision pay for it. It is simply irresponsible to Iraqi security forces and that much of to Restore Full Sovereignty to the run huge deficits to pay for the oper- it has not been secured and will take Iraqi People.’’ It is 28 pages long. The ation in Iraq. The cost to our economy years to destroy. Meanwhile, insur- cover page says: in the inevitable rise of interest rates gents are obtaining huge amounts of A working document of July 23. and the dampening of growth and the weapons and explosives to attack our We are now on the 1st of October. We cost to our society in the deterioration troops each day. While we wait for had hearings a week ago. We were of social investment will not go unno- international forces or Iraqi security given the working document of July 23, ticed and will be particularly resented these 28 pages. If you review this docu- forces, these attacks go on. if scarce American resources are Indeed, in the same article, General ment about our strategy in Iraq, you strengthening the Iraqi economy and Abizaid sounded a cautionary note will find out on the various pages— improving the quality of life of the about reliance on Iraqi security. He take page 9—we will, on the issues of Iraqi people. said: If we fail in these tasks, money security and giving the goals, August There’s probably places where we have put alone, the money in this bill, will not to October, they say in item 4 on that Iraqi guards that may be vulnerable to peo- allow us to stay the course. page, locate, secure, and eliminate ple that would come in and bribe the guards. Finally, we must place the objective weapons of mass destruction, from Au- There are respected voices that say and effort in Iraq in context. We must gust to October. From November to we do not need more American troops. recognize that the existential threats January, continue to locate and elimi- They say we need better intelligence to America are not in Iraq. They are nate the weapons of mass destruction. and international reinforcements to worldwide. Al-Qaida has global reach, Then, February on, it says continue to change the appearance of the occupa- and we have not yet finished hunting locate and secure and eliminate the tion. But while we wait for our intel- down and destroying their operatives. weapons of mass destruction. ligence apparatus to mature and for The proliferation of nuclear weapons is That is the plan. This program is full the arrival of international reinforce- a worldwide problem with both Iran of those kinds of platitudinous, empty ments, who will secure the ammunition and North Korea on the precipice. We statements and is basically an insult to dumps and the pipelines? Efforts to have yet to develop an effective strat- our troops and to our Congress. During train Iraqis are underway, but the egy to counter their nuclear ambitions. the course of that hearing, the Senator availability and reliability of these The protection of our homeland is an from Michigan asked Mr. Bremer when troops is today uncertain. ongoing challenge. The title of a recent we would have a more comprehensive The administration is quick to bran- report of the Council on Foreign Rela- document as to what the plan is on the dish the Marshall plan to justify this tions actively conveyed these chal- reconstruction and rehabilitation of appropriation. But it is not a Marshall lenges: ‘‘Emergency Responders: Dras- Iraq. This is his quote on September 25: Plan, it is a belated attempt to provide tically Underfunded, Dangerously Un- I will keep you informed, but I want to resources for a thinly stretched occu- prepared.’’ The bill for these dangers keep my hands free as to how I do that. pation force while throwing huge still must be paid regardless of what we That was an answer to Senator amounts of money at reconstruction do with this legislation. We must be LEVIN, the ranking minority member with the hope that some of it will mindful of this as we go forward, and of the Armed Services Committee, stick. And this appropriation is the we must be honest and candid with the when he asked Ambassador Bremer: second payment. Congress has already American people. To sustain this ef- You have submitted this document to appropriated $74.8 billion in emergency fort, we must follow through on the us, which is a working document, July funds for Iraq this year. The demands tasks I have suggested. This bill is just 23. When is this going to be updated? in Iraq will be significant and per- part of that effort. When are we going to get the plan?

VerDate jul 14 2003 01:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.067 S01PT1 S12246 CONGRESSIONAL RECORD — SENATE October 1, 2003 He said: As we know, as the very important time in and time out—all of last year, I will keep you informed, but I want to Dobbins document points out, whether up until the period of August—that the keep my hands free as to how I do that. you are talking about Algeria, North- greatest threat to the United States And we have not had anything since ern Ireland, or Malaysia in 1958, or the was terrorism and, obviously, the in- that time. We had one document and West Bank, or Kosovo—any of these creasing concern that all of us have that is the 58 or 59 pages that lists the areas—what you need to do is start to about North Korea, Iran, and the dete- items requested. It is not a plan; it is a train a disciplined police force, and it rioration and spiraling violence in the budget. It is a budget on various items takes 12 to 15 months—a new force ade- Middle East. that are going to be necessary, but no quately trained and highly motivated Our troops deserve a plan that will plan. and that can move toward the security bring in adequate foreign forces imme- The administration and the military issues. That is not the case. We are diately to share the burden of restoring knew how to win the war. That was asked to pour billions of dollars in tax- the security and involve the inter- never going to be the challenge or the payers’ funds into Iraq. national community in building a new question. But they have had no plan on I think any fair reading of these re- democracy for the future of Iraq. how to win the peace. They still don’t quests would have to say the overall There is no question the Senate owes have a plan to win the peace. The Byrd strategy—whatever it is—is a top-down it to our men and women in uniform to amendment is trying to separate what strategy, not a bottom-up one. What provide the support they need, to bring is called for in terms of the support for we are seeing in the initial reports the day closer when our troops can our troops to this rehabilitation and coming from Iraq is the areas where come home with dignity and honor, reconstruction, to try to get the ad- they are having the greatest progress and Iraq will truly be free. ministration prior to the time we are is where the stakeholders are buying The $87 billion cannot be a blank going to have a final vote to say what into the efforts in these local commu- check. That is why I support the Byrd is the plan on rehabilitation, what is nities. Most of the positive reports are amendment. Congress must hold the the plan in terms of reconstruction. coming as a result of the leadership of administration accountable. The Amer- But we have not had that. We have not the military, many of whom have gone ican people deserve to know how the had it in the Armed Services Com- through the campaigns in Kosovo and money will be spent. Things are out of mittee. control in Iraq. We need to stop the We have the long list of items, some other parts of the world, where they downward spiral, protect our interests, of which I will refer to in my com- have seen what can work and what is and protect the lives of American sol- ments, but we still don’t have the plan. necessary. So it is appropriate that we have diers. The fact is, it is being made up every The administration must tell the single day over in Iraq. As we consider some opportunity to talk about and country in much greater detail what it those reports we all see every evening ask about this amount of resources or morning on the Americans who lose that are being requested to go to Iraq. intends to do with the $87 billion and their lives over there, we also haven’t There are a number of questions, obvi- its plans for sharing the burden with got a real understanding of what secu- ously, that are going to be raised, such our allies and the United Nations to rity is like in the major populated as the whole issue of contracting and achieve our goals. The American peo- areas of that community. As we are re- who is getting the contracting. What ple are entitled to know whether, with minded in the excellent study that has are the circumstances of those con- all the current difficulties, the admin- been done by Mr. Dobbins and RAND, it tracts? What kind of transparency is istration has a plausible plan for the talks about how historically those in- there over there? Are we taking these future instead of digging the current dividuals who are subject to occupation contracts with single-bid contracts, hole even deeper. view those who occupy their country. with those who have a questionable Our soldiers’ lives are constantly at Perhaps some start off and support record in terms of the performance, stake. Patriotism is not the issue. The them as liberators, but others will and overcharging the Defense Depart- safety of our 140,000 American service never forgive them for occupying their ment? Are we giving opportunities for men and women serving in Iraq today country. contracts to other countries around is the immediate issue. It is our solemn But there is one powerful factor and the world who have had a relationship responsibility to question, and ques- force, and that is the issue of security. and know how to be able to reconstruct tion vigorously, the administration’s It is security not just out in the streets and rebuild? Are we excluding them? current request for funds. So far, the and the highways between various What are the circumstances of this? administration has failed utterly to communities, but it is what is hap- These issues are going to be raised, provide a plausible plan for the future pening in downtown Baghdad every sin- as they should be. It is not clear from of Iraq and ensure the safety of our gle day and night. The number of peo- what is coming out from the Appro- troops. ple who are getting killed, the numbers priations Committee that many of In its rush to war, the administration who are coming into the morgues, the these issues have been addressed. I failed to recognize the danger and the break-ins taking place in people’s know they will be by my colleagues. It complexity of the occupation. They re- houses, and the rapes taking place in is not just about the administration’s peatedly underestimated the likely those communities have given a sense policy and its conduct in Iraq. It is cost of this enormous undertaking. Op- of insecurity to the people in Baghdad about the way we pursue American in- posing voices in the administration and many other communities. We don’t terests in a dangerous world, about the were ignored. have a plan about how we are going to way our Government makes one of the Last September, the chief Presi- deal with this. We are told we are most important decisions, whether to dential economic adviser, Lawrence training the police—40-some-odd-thou- send young men and women to war. Lindsey, said that the total cost of the sand police—who were there under Sad- It is wrong to put American lives on Iraqi involvement might be as much as dam Hussein, the great majority of the line for a dubious cause. Many of us $200 billion. His estimate was quickly whom were torturers and extermi- continue to believe the war in Iraq was rejected by White House Budget Direc- nators. But we have a new view and we the wrong war at the wrong time. tor Mitch Daniels who said Mr. are retraining them in some particular There were alternatives short of a pre- Lindsey’s estimate was ‘‘very, very way. mature rush to a unilateral war, alter- high’’ and suggested the cost to be a I talked with some extraordinarily natives that could have accomplished more manageable $50 billion or $60 bil- impressive young Americans who just our goals in Iraq with far fewer casual- lion. came from Faluja. I talked with them ties and far less damage to our goals in I raise this history because in many in Massachusetts, and they pointed out the war against terrorism. instances the people who are making that the Iraqi police trained in their I commend my friend and colleague, the recommendations on the rehabili- area won’t leave the barracks. They the Senator from Rhode Island, for tation of Iraq are the same ones who are frightened that if they are seen once again reminding us what Mr. miscalculated and misdirected the pol- leaving the barracks, something will Tenet, who was head of the CIA, re- icy for months in the past. If we are happen to them or their families. minded the Armed Services Committee going to take a look at this policy

VerDate jul 14 2003 01:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.069 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12247 today, it is only appropriate to see any mayor what it costs them to train I went to Iraq a couple weeks ago to re- what they had suggested over the past a police officer in their community. solve for myself the recent contrast between months. They want a fund for consultants at gloomy news coverage and optimistic Pen- As I mentioned, when Mr. Lindsey $200,000 a year. That is double normal tagon reports of our progress. My trip left no doubt that the Pentagon’s version is far clos- was corrected by Mitch Daniels who pay. They want $1.4 billion to reim- er to reality. Our news coverage dispropor- said Mr. Lindsey’s estimate was ‘‘very, burse cooperating nations for support tionately dwells on the deaths, mistakes and very high’’ and suggested the cost provided to U.S. military operations. I setbacks suffered by coalition forces. would be a more manageable $50 billion would love to find out how that money I think this op-ed is worth reading. or $60 billion, the independent analysis is going to be spent. For what is that Madam President, I ask unanimous indicated the cost might approach $300 $1.4 billion intended? consent that this op-ed be printed in billion, and Secretary of Defense The Bush administration went to the the RECORD after my remarks for the Rumsfeld called that ‘‘baloney.’’ United Nations for help last week, hat edification and elucidation of my col- I say that against the background of in hand and wallet open. But so far the leagues. what Ambassador Bremer, when he was response from other nations has been: The PRESIDING OFFICER. Without asked, when he was before the Armed Why should we help clean up America’s objection, it is so ordered. Services Committee, about this $21 bil- mess in Iraq? (See exhibit 1.) lion or $23 billion, whether we could ex- Presumably, the negotiating is still Mr. BOND. Madam President, I just pect they would be back before the ap- continuing over how much authority came from a very interesting luncheon propriators and asking for more bil- the U.N. will have, how many contracts meeting where we listened to Dr. lions of dollars, and said: Don’t count other nations will receive, and how Chalabi, a member of the Iraqi Gov- us out; don’t count us out. many troops they will send. Could this erning Council. He had almost the The American people ought to under- be the most embarrassing week the same thing to say. He said: What Presi- stand this is a downpayment for the United States has ever had at the dent Bush has done is magnificent. Our administration. This isn’t the begin- United Nations? people are victorious; they are not van- ning and the end. This is just the down- Trust but verify. That is why Con- quished. Our failure is that the media payment. We have to ask ourselves, gress has to stop writing a blank check is not carrying the stories. The antiwar What is the policy? for Iraq. That is why Congress needs folks who opposed the war from the be- Last spring, as part of a broader coa- better answers. That is why we need ginning are talking about the problems lition in an effort to win the support of accountability. Credibility on the war of liberation rather than the success of the American people for the military, is in tatters both at home and in the a free people. the administration began to argue that United Nations, and our troops are pay- He would like to have a chance to Iraq can pay for its own reconstruc- ing for it with their lives. tell his story more widely, and I hope tion. The war might be costly, we were Our action on this legislation may he is listened to. He said there are told, but it would be quick and deci- well be a defining moment for the war large areas of Iraq where marines are sive. The financial obligation of the on Iraq, for the war on terrorism, for withdrawing, turning the area over to United States would be limited because America’s role in the world. Cut and coalition forces from other countries, the liberated Iraqi people would use run is not an option. Hopefully, a con- Macedonia and Spain. He said the their extraordinary wealth from the cerned Congress and a chastened ad- Iraqis are in the process of being world’s second largest reserves of oil to ministration can work together to set trained and equipped to go out as po- finance the reconstruction. things right on Iraq and right with lice and as military. With the backup What the Nation heard from the Bush other nations. of U.S. troops, they will be able to take administration was clear: Don’t worry If there is any silver lining to this on more of the responsibilities of de- about the cost. Iraq can pay for their crisis, let us hope it is that the admin- fending against armed paramilitary own reconstruction. istration’s go-it-alone policy toward groups and maintaining peace and Here they are a few weeks later with the rest of the world is history and we order. the $23 billion request. People ought to are back on a better and less dangerous He said this is a tremendous develop- ask: Is this the beginning, the middle, course for the future. ment. They are setting up a free mar- or the end? What is the plan? Madam President, I yield the floor. ket in Iraq. They are cutting customs As the Congress debates the adminis- The PRESIDING OFFICER. The Sen- rates and tax rates. I would like some tration’s request, we should be looking ator from Missouri. of my colleagues to hear what he says for better answers from the adminis- Mr. BOND. Madam President, I rise about the need for lower taxes. I think tration, insisting on at least minimal to make some remarks about the sup- that is important as well. accountability. Before the war, the ad- plemental appropriations measure be- It is clear we are in a debate. I gather ministration said, ‘‘Trust us,’’ and Con- fore us. my colleagues on the other side of the gress did. We should have followed I was struck by the concerns of my aisle, while we all recognize that $87 President Reagan’s wise counsel from colleague from Massachusetts about billion is a lot of money, they are will- years ago: ‘‘Trust but verify.’’ Hope- how bad things are in Iraq. In case ing to support the $66 billion to support fully, it is not too late to verify. some of my colleagues missed it, there our troops in Iraq. It costs us more Until this month, no one in the ad- was a very telling op-ed piece in this than $4 billion a month to maintain ministration, other than Larry morning’s Washington Post by Rep- our troops in Iraq, and we cannot, as Lindsey, who is no longer in the admin- resentative JIM MARSHALL, a freshman was just said by my colleague from istration, said the war with Iraq and its Democrat from the Third District of Massachusetts, cut and run. aftermath would be expensive. The ad- Georgia. He went to Princeton and left So what are we going to do to make ministration’s numbers were worse to go to Vietnam. He was awarded the sure we do not continue to have areas than fuzzy math, and the American Bronze Star and the Purple Heart as a where terrorists are harbored in hos- people have a right to be furious about Ranger. He attended Boston University tile, tyrannical, authoritarian govern- the gross disparity with the true costs. Law School and in 1995 was mayor of ments in the Middle East? Well, we are And they will be even more furious as Macon, GA. He is in the House. He had on the path to helping the Iraqis estab- they learn more and more about what a very urgent plea. lish a free country. Their ideas of free- we are being asked to fund. He said: ‘‘Don’t play politics on dom may be different than ours, but The administration, obviously, did at Iraq,’’ directed at his Democratic col- basically Iraqis governing Iraqis, pro- least have one clearly thought-out leagues. He said he had heard all of viding security for Iraq, and helping us plan—they didn’t have a plan for peace. these political charges, using the words weed out the criminals, the thugs, the They want $400 million for maximum and phrases such as ‘‘quagmire,’’ ‘‘our paramilitary groups and the terrorists security prisons. That is $50,000 a bed. failure in Iraq,’’ ‘‘just another Viet- who live over there. They want $800 million for inter- nam,’’ or ‘‘the Bush administration has Now, $21 billion of the President’s re- national police training for 1,500 offi- no plan.’’ quest is proposed as a grant to help the cers. That is $530,000 per officer. Ask He said: Iraqis get on their feet. This is a very

VerDate jul 14 2003 01:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.071 S01PT1 S12248 CONGRESSIONAL RECORD — SENATE October 1, 2003 important investment. It is a lot of Chalabi tell us what they plan to do, Iraqis are not controlling their destiny. money, but when we look at the costs how they want to move forward, and We cannot expect them to carry new of 9/11, the cost was horrifying in how the participation by the United burdens of debt. They are going to have human terms. Over 3,000 people killed, States in this next step is vitally im- enough trouble as it is. And we hope to some of them horrible deaths. It is a portant. get the oil production up—6 million day and a picture that none of us will To date, our coalition has provided barrels a day. That is what Dr. Chalabi ever forget and we never should forget. some 8,000 civil affairs projects with said. But it is going to require $38 bil- These terrorists operated out of safe their assistance, and we are making lion of new investment to do it. That is havens, in countries which were ruled progress towards showing the Iraqis where the collateral will be pledged to by authoritarian tyrants. We are wip- and the people in the neighboring coun- get the Iraqi oil production up. ing out those governments. Under tries that there is a better way to do it Do we want to go in and say the rea- President Bush’s leadership, we wiped than to have a Saddam Hussein regime. son we came to Iraq was for your oil? the Taliban out of Afghanistan. Af- The issue before us in this pending That is not why we went. That is not ghanistan is no longer a safe haven for amendment is whether we cut recon- why we went. We went to stop the pro- terrorists. By a vote of 77 to 23, we said struction funds by two-thirds. This was duction of weapons of mass destruc- clean out the terrorists in Iraq, get rid similar to an amendment we debated tion. of the Saddam Hussein government. yesterday in the Appropriations Com- The previous administration, Presi- That is the most important step. mittee. That amendment just cut out dent Clinton’s administration, and our Some people want to go back and two-thirds of the reconstruction funds, colleagues on the Democratic side of fight the war. If we want to get back left one-third of the reconstruction the aisle, said that, time after time. We into it and say, why did we go, we can funds. We defeated that. This one cuts went in to stop weapons of mass de- go back into that, but I think it is time out all of the reconstruction funds. struction, to bring some order out of a we started looking ahead to see what The arguments made there, and I country that had been terrorized by a we do. The $21 billion is absolutely es- guess I will let the people who want to ruthless tyrant over the years. Do we sential to give the Iraqis the startup cut out the reconstruction funds make want to go in now and tell the people of funds, the seed money to build that their arguments here, but they say we the Middle East that it really was free and safe country. ought to go to the donors conference about oil? We want a claim on your oil? What do we gain from it? Some of my and let the donors decide. That would be extremely short- colleagues say it ought to be in the What kind of leadership is it for us, sighted. That is not a sound invest- form of loans or we should not spend on the Senate floor, to take the Presi- ment in peace. that much. Well, what we get for it is dent’s proposal for a $21 billion recon- When you take a look at the cost of the opportunity to bring our troops struction fund and cut it to $5 billion? our maintaining troops over there, the home sooner, to make sure our troops That is leadership? Is that going to cost of another terrorist attack, the have the ability to work with Iraqi cause other countries to step forward cost we are going to have to face if we military and police, so we can use the and say we are going to make grants? do not bring peace and stability to a Iraqi people who understand the coun- We want to see a strong, inde- try and know the language and know couple of major countries in the Middle pendent, free Iraq. We have to turn on what is going on there as our allies. East—Afghanistan and Iraq—we are As I understand it, the pending the power. We have to turn on the going to spend a lot more time and amendment leaves money in for the lights. As of yesterday, I believe we shed a lot more American blood before troops, but it does not leave money in were back up to the power generation we can see an end to this terrorist war. to restore the electricity, to provide of the pre-war era, 4,400 megawatts. President Bush said the war against clean water, or to clean up the sewage. That still only supplies about 60 per- terrorism will be a long one. Unfortu- There is a lot that has been done in cent of Iraq. We are trying to get the nately, he was correct. We are going to the country already. I hear carping power restored. We are trying to get have to ‘‘bear any burden, pay any voices saying we did not have any the water clean so people do not get price.’’ I believe a well-known Demo- plans for the peace. Well, we had a lot sick. We are trying to get the sewage cratic President once said that; I think of plans. We had plans to take out Sad- cleaned up so they can go about the he was from Massachusetts. dam Hussein’s Republican Guard and business of building a civilized govern- We have to carry on the battle to his elite forces before they used gas or ment. show the people of the Middle East biological weapons. We did it. They had Some are saying we can use the oil that there is a better way to protect plans to protect the oil wells so they revenues to collateralize. Well, that our people from terrorist attacks. could not turn Iraq into a blazing in- does not really work because there is There is no question that the battle ferno, and we did that. We had plans to no government in Iraq that can sign a against terrorism is being fought in help the Iraqis get on their feet. In less loan. They cannot take out a loan at Baghdad. There are a lot of questions than 5 months, virtually all major the World Bank. They have not estab- about what went on before. There will Iraqi hospitals and universities have lished a constitution, which is a nec- be a report coming out of our Intel- been reopened. essary precedent for making an inter- ligence Committee on that. I can’t go We cleaned out the weapons caches national loan. If we called it a loan, into it, will not go into that until a re- that were there. There are now 70,000 Ambassador Bremer, our representa- port is issued. But I can tell you right Iraqis being armed and trained. The tive on the provisional governing au- now, when you apply the ‘‘show me’’ first ones are graduating the end of thority, would have to sign it. It would test that we take in Missouri, the bat- this week. It took 14 months to estab- be our loan. We would be making that tle against terrorism is going on in lish a police force in post-war Ger- loan. Baghdad. many, 10 years to begin training a new They have over $200 billion of debts It is like a roach motel. All the ter- German army. We are way ahead. outstanding that I hope they will never rorists are coming into Baghdad. We Commerce is opening up. Five thou- pay. The interest on those loans would have our best trained, we have our best sand Iraqi small businesses have been be more than swallowed up by the pro- equipped, we have our best prepared opened since liberation. The inde- jected oil revenues. So they are in a po- troops. We are working to get the best pendent central bank has a new cur- sition where there is no practical way intelligence possible so we can destroy rency announced in just 2 months. Here that they can repay that. the terrorist cells, kill the terrorists, is a 5 dinar note from the Central Bank Once we get them up and started and capture them as many as we can. of Iraq. The reason I can read it, it is they get a government, then they can We are fighting the battle in Baghdad in English. The other side, I will just go to the World Bank and get loans rather than Boston or Boise or Bald- have to take their word for it. This is pledged against future oil revenue, and win, MO, or Burlington, NC. the currency they have put out. It took they can get the capital, but we have This is unfortunate, where we have them 3 years in Germany to do it. to get them over that first hump. Un- to continue the battle on terrorism. The Iraqi Governing Council is mak- less and until we do that, there is no But we are doing it on their territory ing decisions. We listened to Dr. government, there is no security. The and our terms. They started this war

VerDate jul 14 2003 01:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.074 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12249 on our territory on their terms. This is through tips. Guess how they discover the General Abizaid said, and I am para- a mark of genius. This is tremendous rest. phrasing him, that any attack would leadership that this administration has We not only need Iraqi tips and intel- be organized internationally. It will ligence, we need fighting by our side and shown. I am proud that three-quarters eventually assuming full responsibility for come from other places. As a matter of of this body supported the President their internal security. But Iraqis have not fact, the argument can be made, be- when he said we needed to go in and forgotten the 1991 Gulf War. America encour- cause of a requirement of being so pre- clean out this nest of vipers, this foun- aged the Shiites to rebel, then abandoned occupied and having to devote so many tainhead of weapons of mass destruc- them to be slaughtered. I visited one of the resources to Iraq, we are unable to tion with the potential of nuclear mass graves, mute testimony to the wisdom spend the money we need to spend on weapons. of being cautious about relying on American homeland security. We have won the war against Hus- politicians to live up to their commitments. For example, we have 106 nuclear sein’s government. Now we need to win For Iraqis, news of America’s resolve is powerplants, none of which are secure, critical to any decision to cooperate with co- the peace. I am convinced we can win alition forces, a decision that can lead to in the United States of America. the peace. But I believe, as Ambassador death. Newspaper start-up ventures and sales We have train tunnels in New York Bremer said to us in the Appropria- of satellite dishes absolutely exploded fol- where 350,000 people today will ride tions Committee, as Secretary Rums- lowing the collapse of Saddam Hussein’s re- through them sitting in a car. Those feld said, this $21 billion is the best gime. With this on top of the Internet, Iraqis tunnels are not secured; there is no es- hope we have of assuring we win the do get the picture from America—literally. cape, no ventilation, and no lighting. peace in Iraq. Winning the peace in Many in Washington view the contest for We are cutting the police program, so the presidency and control of Congress as a we are not going to supply money for Iraq is vitally important. zero-sum game without external costs or We can’t walk away now and leave benefits. Politicians and activists in each local law enforcement. It is not going Iraq to fester and let the Baath Party party reflexively celebrate, spread and em- to be a special forces guy with night vi- back in again, the remnants of the Re- bellish news that is bad for the opposition. sion goggles who is going to come publican Guard, the terrorist organiza- But to do that now with regard to Iraq across a terrorist who is about to poi- tions who threatened their neighbors, harms our troops and our effort. Concerning son the reservoir in a city or about to oppressed their own people, and threat- Iraq, this normal political tripe can impose a plant a bomb in a movie theater or ened our well-being and safety over the heavy external cost. about to do anything else—it is going years. We cannot let them back in. It is too soon to determine whether Iraqis to be a local cop. will step forward to secure their own free- This $21 billion is the best investment dom. For now, responsible Democrats should That is not the reason I rose to speak we can make to bring our troops home, carefully avoid using the language of failure. today, but I wish we would get it to win the peace. It is false. It endangers our troops and our straight about terror. In the larger I hope we will have a strong vote not effort. It can be unforgivably self-fulfilling. sense, we have to deal with the war on to try to cut the peace element out of Democratic candidates for the presidency terror by dealing with the situation in the appropriations bill, moneys that should repeatedly hammer home their sup- the Middle East. I don’t disagree with are necessary to make sure we can port, if elected, for helping the Iraqi people that. have our troops there, protect our secure their own freedom. It is fine for each As was said in an article written not to contend that he or she is a better choice troops, and maintain order against the for securing victory in Iraq. But in making too long ago by Timothy Ash and how terrorists who are in Iraq. this argument, care should be taken not to the west could be won, I quote him: I yield the floor. dwell on perceived failures of the current To emerge ultimately the victorious EXHIBIT 1 team or plan. Americans, with help from against the war on terrorism it is the peace [From the Washington Post, Oct. 1, 2003] commentators and others, will decide this we have to win first in Iraq and then in the wider Middle East. DON’T PLAY POLITICS ON IRAQ for themselves. Instead of being negative about Iraq, (By Jim Marshall) In the broad sense of the word, it is Democratic presidential candidates should My first trip to a combat zone occurred in affected by what happens in Iraq. But emphasize the positive aspects of their own the idea that because we are fighting in 1969. I was a 21-year-old staff sergeant, naive plans for Iraq. Save the negative attacks for as hell, a freshly trained Army Ranger who the issues of jobs and the economy. Iraqis Baghdad, we are not likely to be at- had left Princeton University to volunteer are far less likely to support the coalition ef- tacked again in the subway, or an air- for ground combat in Vietnam. I vividly re- fort if they think America might withdraw craft, or whatever, because they are call feeling way out of step with my Ivy following the 2004 election. preoccupied is as our British friends League colleagues. Finally, no better signal of our commit- say, poppycock. Well, that same out-of-step feeling is back. ment to this effort could currently be pro- Many Members in this Chamber and But this time it’s about Iraq and involves vided than for Congress to quickly approve, some of my professional colleagues, political millions of Americans did not support with little dissent or dithering, the presi- the war in Iraq. The same goes for the leaders and activists who are carelessly dent’s request for an additional $87 billion using words and phrases such as ‘‘quagmire,’’ for Iraq and Afghanistan. Of course no one millions of people around the world. ‘‘our failure in Iraq,’’ ‘‘this is just another wants to spend such a sum. But it is well But I did. I voted to give President Vietnam,’’ or ‘‘the Bush administration has worth it if it leads to a stable, secular rep- Bush the authority to use force in Iraq. no plan.’’ resentative government in Iraq, something For me, the question was not whether I went to Iraq a couple of weeks ago to re- that could immeasurably improve our future we had to deal with Saddam Hussein solve for myself the recent contrast between national security. gloomy news coverage and optimistic Pen- but when and how, and what we were tagon reports of our progress. My trip left no Mr. BIDEN. Madam President, I lis- going to do after we brought him down. doubt that the Pentagon’s version is far clos- tened with great interest to my friend I believed then and I believe now it er to reality. Our news coverage dispropor- from Missouri. There is much that he was the responsibility of the United tionately dwells on the deaths, mistakes and had to say with which I agree. Except States and the international commu- setbacks suffered by coalition forces. Some I wish we would, as they say in my nity to enforce the solemn obligation will attribute this to a grand left-wing con- home State—he was using Missouri Saddam Hussein made when he sued for spiracy, but a more plausible explanation is phrases—I wish he would get real and peace in the gulf war in 1991. Those of simply the tendency of our news media to focus on bad news. It sells. Few Americans others would get real about the connec- us who understand the value of inter- think local news coverage fairly captures the tion between the likelihood of Amer- national institutions and rules must essence of daily life and progress in their ica’s being struck by another terrorist also understand that when rules and in- hometowns. Coverage from Iraq is no dif- attack and our fighting in Baghdad. stitutions are flouted, they must be de- ferent. I don’t know one security expert who fended, and by force if necessary. That Falsely bleak Iraq news circulating in the will tell you, including, as quoted by was, in my view, the underlying ration- United States is a serious problem for coali- Senator REID earlier today, General ale to go to war in Iraq, a rationale en- tion forces because it discourages Iraqi co- Abizaid, that the folks we are fighting hanced by the fact that the one flout- operation, the key to our ultimate success or failure, a daily determinant of life or death in the streets of Baghdad and in Iraq ing the rule was a homicidal tyrant for American soldiers. As one example, coali- are the ones most likely to strike the who murdered hundreds of thousands of tion forces are now discovering nearly 50 per- United States of America. That is not people and who, if left alone, would cent of the improvised explosive devices what our officials tell us. have eventually acquired weapons of

VerDate jul 14 2003 01:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.076 S01PT1 S12250 CONGRESSIONAL RECORD — SENATE October 1, 2003 mass destruction, although he had was absolutely clear from every expert he didn’t want to stay for 5 years. Are none and there was no evidence he had we spoke to in my committee and folks you ready to stay? Obviously, I did not any. But he would have gotten those on the Council on Foreign Relations, say it in that tone to the President but weapons. That was the reason—not folks from Rand, folks from all over I asked, Are you ready to stay, Mr. some idea of preemption. We didn’t this country who are experts on foreign President? need a new doctrine of preemption to policy, that we were going to need What was the impression given to the go after Saddam Hussein. He violated other countries to win the peace—to American people? The impression was essentially a peace agreement he win the peace—which was going to be Johnny and Jane were going to come signed in 1991. Had it been 1919 when he considerably harder. marching home by Christmas. Why are was defeated in Kuwait, he would have Just to put in perspective what we you National Guard folks so angry? Is been in Versailles, in France, signing a all know, we have had 313 men and it because you are not patriotic? Why peace agreement. Instead, he was rep- women killed, 1,600 wounded—138 to are the reservists so angry? Is it be- resenting the United Nations and he win the war and 175 dead just starting cause they are not patriotic? Heck, no, signed on to United Nations resolu- to win the peace. they are angry because they were led tions, none of which he kept and I be- On this floor I said if we did not have to believe it was not going to cost lieve needed to be enforced. the support of the international com- much, it was not going to take long, But I also believed then, as I believe munity, somewhere between 2 and 10 and we would be out of there. now, that this administration got the body bags a week would be coming Mr. BOND. May I ask if the distin- when and the how and the what we do home. But this unilateralism, this idea guished Senator from Delaware will the day after dangerously wrong in that we didn’t need anybody else, was yield for a unanimous consent request? Iraq. This administration wrongly not only misplaced but, for some in the Mr. BIDEN. I am happy to yield. painted Iraq as an imminent threat to administration, arrogance. Mr. BOND. I ask unanimous consent our society, something many of us at So we went to war with the Brits and the vote in relation to the Byrd amend- the time—not just now—said was not a coalition—a coalition which was the ment No. 1794 occur at 3:45 today; pro- the case. It hyped the intelligence most most anemic coalition with whom we vided that no amendments be in order likely to raise alarm bells of the Amer- have ever gone to war, after the Brits; to the amendment prior to the vote; ican people. In speech after speech, tel- the one without the rest of the world. provided further that following the evision appearance after television ap- And as many of us said at the time— vote, Senator MCCONNELL be recog- pearance, the most senior administra- and I wasn’t the only one. Senator nized to offer an amendment. I further tion officials told us Iraq was on the LUGAR said it; Senator HAGEL said it; a ask consent that following the disposi- verge of possessing a nuclear weapon. number of other Republicans said it— tion of the McConnell amendment, the Indeed, at the same time I was on a we didn’t need a single soldier to win next amendment in order to the bill be show, the Vice President on a similar the war, but we needed tens of thou- offered by Senator BIDEN. show on a Sunday told us Iraq had re- sands of soldiers to secure the peace— Mr. BIDEN. Reserving the right to constituted its nuclear weapons pro- tens of thousands. object, I was told it would be 4:45. I’ve gram. I didn’t believe then, I don’t be- The chief of the Army got sacked be- been waiting for 4 hours to speak and I lieve now, and there is no evidence that cause he dared to suggest we were have at least another 30 minutes to that is true. going to need a couple hundred thou- speak. If it is 3:45, I would object. We are told that Iraq had UAVs—un- sand troops to secure the peace when Mr. REID. How about if we made it 4 manned aerial vehicles—that could Mr. Rumsfeld—or at least the adminis- o’clock. drop lethal payloads on our shores— tration—was implying we wouldn’t Mr. BIDEN. This is fine. Mr. REID. Mr. President, I ask the payloads of chemical and biological need more than 30,000 folks and we distinguished Senator from Missouri weapons; that Iraq could weaponize its would be out of there in 6 months. amend his request to allow that. chemical and biological arsenal in just Just as bad, we went without a plan I know Senator SMITH is here to 45 minutes; that the regime had a clear for the day after. Don’t just take my word for this. speak. How long do you wish to speak? and present tie to al-Qaida, and they Mr. SMITH. Ten minutes. implied that they were complicit in the Keep in mind that I have been sup- Mr. BIDEN. I don’t think I will take events of 9/11—none of which I believe porting the President, and I will sup- this long, but so I don’t get called on to be true. Yet I still voted to go into port this appropriation. But there was it, I will say half an hour. Iraq because it wasn’t about if but no serious planning. General Garner Mr. REID. Mr. President, that will be when we dealt with this guy. said he didn’t begin planning and 10 minutes before 4 o’clock, so I ask if The administration stated each of wasn’t asked until January 6. I was my friend would be further kind these allegations as accepted facts chairman of the Foreign Relations enough to allow Senator BIDEN another when in fact there was deep debate on Committee, and we held hearings in 30 minutes, Senator SMITH 10 minutes, each and every one of them within our July of 2002. And witness after witness Senator BOXER 8 minutes, and then we own intelligence community. I believe after witness—former Commanders of would vote. the administration did this to create a NATO, former Commanders of Mr. BOND. Madam President, I so false sense of urgency about the need CENTCOM—said the plan for peace amend the request. to act immediately and that as a result should be running parallel with the The PRESIDING OFFICER. Is there we went to war too soon. plan for war. During those hearings, we objection to the modified request? There is no reason we could not have wanted to know what was going to hap- Without objection, it is so ordered. waited a month or even 6 months or pen not just the day after but the dec- Mr. BIDEN. Madam President, my whatever time it took to build a true ade after. committee, the Foreign Relations international coalition without in any The President, I am told, has told Committee, pleaded with the adminis- way jeopardizing American security. people and I have told people. He asked tration, month after month, beginning And we went to war without the rest of me in front of a half dozen of my col- well over a year ago, to share with us the world. leagues in the Cabinet Room back in plans for reconstruction. We got obfus- As many of us said at the time—and September why I wasn’t with him en- cation upon obfuscation, a rosy sce- the record will reflect—we didn’t be- thusiastically about going in and why I nario about oil revenues and being lieve we needed a single soldier from was insisting on him going to the greeted as liberators, with most of our another country to win the war. I stood United Nations. I went in the Oval Of- troops coming home by Christmas. on this floor and said I thought we fice with him and said, Mr. President, I When we really pressed—a certain would win this war in terms of defeat- want to remind you there is a reason word has worked its way into the lexi- ing Saddam’s government in much less your father did not go to Baghdad. And con of this administration—we were than a month and maybe as little as 2 he looked at me like I was going to in- told the answer was ‘‘unknowable.’’ I weeks. I said it at the time. My fight sult his father, for whom I have great have never heard that word used as was never with the need for other respect. I said, Mr. President, the rea- many times anywhere, let alone by the troops to help us fight the war. But it son your father didn’t go to Baghdad, administration.

VerDate jul 14 2003 01:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.078 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12251 In fact, the problems and prescrip- About 2 weeks. And he should be com- ture. The reality of the present is that tions of postwar Iraq were absolutely plimented for it. the window of opportunity is closing on knowable. From the many hearings All this malarkey about the plan- our ability to bring peace to Iraq. Senator LUGAR and I convened over ning, where is Garner? Where did he As I said, that is not just my conclu- this year as well as the Armed Services go? What happened to the election that sion. It is the conclusion of the former Committee, and the work of our lead- was going to take place in a couple Deputy Defense Secretary, John ing think tanks and policy experts months? Hamre, who was sent there by the De- from within the administration itself, The administration got on the fense Department. The imperative of thanks to the State Department Fu- ground and realized they did not have a the future is that we cannot afford to ture of Iraq Project, whose detailed plan. So they got a guy named Bremer, lose the peace in Iraq. postwar plans were apparently ignored first-rate guy, diplomat. Guess what. Losing the peace in Iraq is not about by the Department of Defense, much of That diplomat does not report to the terror alone. It is so much bigger than this was knowable. Secretary of State; he reports to the that. Losing the peace in Iraq would We are paying a very high price for Secretary of Defense. Isn’t that kind of condemn the United States to deal those mistakes now. I share the wide- interesting? with the consequences of Iraq: chaos, spread dismay at the miscalculations Assume we have gone in and the not just in more terrorism but what of this administration. I share the planning post-Saddam was as success- will happen. shock of many that the reason the ad- ful as the planning to take down Sad- If we lose Iraq, Iran becomes an in- ministration says it took us to war, dam. Assume we had gone in and the credibly empowered nation; Syria be- weapons of mass destruction, no longer international community was doing comes more emboldened; Turkey, an is of any apparent interest to the most what they do in every other cir- Islamic government, seeing a failed senior administration officials. I share cumstance where we are building the state on their border, becomes more the frustration of Members of Congress peace: We usually supply 25 percent of radicalized; Iran, surrounded by the that because of the administration’s the money, they supply 75 percent of failed states of Iraq and Afghanistan, many miscalculations leading up to the money—Bosnia, Kosovo, even Af- puts in jeopardy the very existence of war, the good options are gone and we ghanistan, NATO is now in. Assume we Pakistan. are now left to find the least bad of the were not losing Americans at the rate Doesn’t it occur to you a little bit remaining options. we are losing now. Assume this guy why all of a sudden the accusations are I understand the sticker shock many named Bremer, a former official at the the ISI is cooperating with the Pastun of my colleagues feel about the $87 bil- State Department, former comptroller, warlords in southern Afghanistan? lion. I suspect my friend from Oregon, sent to Iraq by the Secretary of De- These guys have figured it out. They who was on this committee, I know for fense, did not come back and say the are hedging their bets. They are hedg- my friend Senator LUGAR, I know for window of opportunity to win the peace ing their bets. And if the Musharraf my friend Senator HAGEL, I know for is closing rapidly in Iraq. Assume he falls in Pakistan, we are not talking my friend Senator MCCAIN, it came as came back and said, the window is wide about an Iraq, we are not talking about no shock, none whatever. open. We have time and things are an Afghanistan, we are talking about a To be blunt, the reason there is such nuclear power that my friend on the consternation in the Congress and the moving. Would people in the Senate be Intelligence Committee knows, as well country at the moment is not about flyspecking the $87 billion? No. My friend from Missouri has been in the $87 billion, notwithstanding that is as I do, is seething—seething—with ter- politics as long as I have. Presidents an enormous amount. It is that we ror. There is a whole province in north- get pretty broad support when what have lost faith in the President. It is western Pakistan that is totally un- they propose is working. What is hap- that we lost our confidence in his abil- controllable, where most people think ity to prosecute the peace. It is that we pening here—and again, keep in mind, bin Laden is and Omar is, that they have great doubts since there were so I’m for this money. But I am angry will not go in and we cannot go in. many fundamental miscalculations about what happened. I am angry So I wish to heck we would stop this made about what would happen after about the refusal to listen. I am angry stuff about: We are fighting terror in the regime fell. There is reason people that we are there alone when we did Baghdad. We are, but it is so much big- are upset in the Senate. They doubt not have to be. ger than that, and the American people this administration has its act to- The administrations’s assumptions have not been told it. gether. were dead wrong, and the President So we cannot afford to lose the peace. My Republican friends will deny told the American people our mission I will make another outrageous pre- what the whole world knows publicly was accomplished when he landed on diction. If we lose the peace in Iraq, and privately acknowledge there is a that aircraft carrier. And it had not you will see at least two of the fol- giant rift in this administration as even begun. It has not even begun. And lowing countries fall—Jordan, Egypt, broad and as deep as the San Andreas you wonder why the American people or Saudi Arabia. How will King Hussein Fault. On one side of the administra- are mad. You wonder why, when you go stand with Iraq in shambles? How will tion there is Mr. CHENEY, a fine man, home—and those of us who supported it that happen? How will any voice of Mr. Rumsfeld, Mr. Wolfowitz, Mr. Feif; going in are getting our brains kicked moderation be willing to speak up any- on the other side there is the State De- in at home—Democrat and Republican, where in the Middle East if Iraq falls? partment and the uniformed military. we are wondering why the polls show— And you know why Iraq may fall, be- Think about this one little piece, what?—57, 58, 60 percent of the Amer- yond our mistakes? Because we have talking about the plan. What was the ican people say: Don’t vote for this not leveled with the American people, plan announced in great detail by Mr. money. and they may very well say: Bring the Rumsfeld as to what would happen im- The reason is, they were not leveled boys home. mediately after Saddam fell? There with. It seems to me that explains why I know my colleagues think I am a was guy named Jake Garner, a retired there is so much concern on both sides broken record on the Senate floor say- general, who was going to be dropped of the aisle about this supplemental. ing this so many times, but the one into Iraq along with a guy named That explains why it is so important thing we all learned from the Vietnam Ahmed Chalabi, whom I know well, that we do more than simply vote yea generation—no matter whether we spent an hour with him alone in my of- or nay on this $87 billion, why we need were for or against it, went or did not— fice last night, the head of the Iraqi to have clear assurances from this ad- is that no foreign policy can be sus- National Congress, that Garner an- ministration that it understands—not tained without the informed consent of nounced when he hit the ground there acknowledges—just understands its the American people, their informed would be elections within a couple of mistakes to date and has a sensible consent before we act. months and that he was going to run plan to rectify them. In short, losing the peace would rein- the show. So for all the errors of the past, we force the view held by the extremists How long did it take the President to must confront the reality of the in the Arab and Islamic world that figure out that was a gigantic mistake? present and the imperative of the fu- while the United States can project

VerDate jul 14 2003 01:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.081 S01PT1 S12252 CONGRESSIONAL RECORD — SENATE October 1, 2003 power, we have no staying power, and him, and all of us, one last chance to lice and the army. Forget about oil that all they have to do is wait us out. get it right in Iraq. paying for reconstruction. It would confirm the concerns of Since the President addressed the Will the missing money be generated many moderate Arab regimes expressed Nation, I have to admit I have been by others parts of the Iraqi economy? before we went to war with Iraq that given many new reasons to be skeptical Secretary Rumsfeld recently promoted we would not finish the job. that the administration has genuinely the potential of Iraq’s tourism indus- I think it is fair to say I met with changed course. try. The banks of the Tigris may re- every Arab head of state as chairman The President’s speech to the U.N. place the Outer Banks as a destination of the Foreign Relations Committee. I missed a crucial opportunity to rally of choice someday, but not any day traveled to the region; I traveled to Af- the world to our side, just as he missed soon. ghanistan; I traveled to northern opportunities to get the world with us Or maybe the missing money will Iraq—all before the war. I did not meet before the war and in its immediate come from taxpayers when the admin- one Arab leader who defended Saddam aftermath. istration comes back to Congress next Hussein. Yet I did not meet a single He should have made clear our will- year or the year after to ask for more. one who said anything other than what ingness to bridge the differences with If that is the plan, tell us now. I am about to paraphrase: If you go, our allies on a new U.N. resolution and For today, this Congress must deal make sure you finish the job because if to grant the U.N. real authority. He with the money that is being re- you do not, I am dead. should have laid our some specifics, quested. Our credibility in Iraq and the region and asked—asked—for help. Let me be clear, we must invest more and across the globe will be at rock So I am left questioning the sincerity in the effort to secure the peace in bottom if we do not successfully secure of the President’s midcourse correc- Iraq. I support the supplemental re- the peace. America and Americans will tion. quest. It is necessary and it is in our be far less secure to boot. If we want the world to share the national security interest. We have to show the wisdom and the burden, we have to share authority in But that does not mean we should ac- commitment to help Iraq write a dif- Iraq in meaningful way. cept it on its face. The large number of ferent future so we can have a different The payers want to be players. proposed amendments to the supple- future. And this supplemental request And I can’t believe we can’t find a mental are evidence that Republicans is critical to that effort. We have to compromise that meets our rightful and Democrats alike don’t have the succeed in transforming Iraq into a concerns about the premature transfer confidence to take the administration stable, unified country, with a rep- of power. But that also empowers the at its word. resentative government. And success in U.N. and starts to put more power in We need to build in strict reporting that effort would begin the process of the hands of the Iraqi people. requirements—the kind Senator LUGAR redrawing the strategic map of the re- I am also skeptical that the Presi- and I tried to add to the original con- gion. It could boost the reformers in dent will continue to level with the gressional authorization to use force. Iran, Saudi Arabia, Egypt, and else- American people about what it is going We need to know how the administra- where who have put Syria and its allies to take to win the peace. Being open tion will pay for this supplemental. We and Hezbollah on the defensive, and im- and honest about the commitment we need to know how the money will be prove the climate of Israeli-Palestinian must make to Iraq is the only way to spent. And we need to see a coherent, peace. It would deal a significant set- sustain public support. But the admin- detailed plan for success. back to those who argue that the only istration’s approach to the supple- The first critical question that must future for Arabs and Muslims is one of mental concerns me on this account be answered is: How are we going to religious extremism, perpetual con- too. pay for this $87 billion? It seems to me flict, economic stagnation, and auto- The administration itself estimates there are three options: We can turn cratic governments. the total cost of reconstruction in Iraq the money for reconstruction from a So we are faced with a real choice. I to be about $60 to $70 billion over the grant to a loan, to be recouped from say to my colleagues who opposed the next 4 to 5 years. And I and others pre- Iraq when its economy gets going use of force in the first place, who be- dict the final tab will be higher still. again. That sounds attractive. Why lieve there is nothing this administra- The supplemental request covers $20 shouldn’t the Iraqis pay for their own tion can do to win the peace, and who billion of that total. That begs a crit- future. have concluded that the dire con- ical question: Where is the remaining But here’s the problem. Iraq already sequences I have just predicted if we $40 to $50 billion coming from? Will it owes the international community a cut and run are outweighed by the con- come from the international commu- crippling amount—some $200 billion in sequences of being dragged down into a nity? Normally, that would be a rea- debt and compensation claims. Adding long, protracted war, I respect their sonable expectation. The United States to that debt will add to the dead vote to say no. I disagree with them, typically covers about 25 percent of weight holding back Iraq’s recovery. but I respect it. postconflcit reconstruction costs. By The creditors are mostly European I have concluded that the peace is that ratio, we could expect about $60 and Arab countries—the very countries winnable but not without a change of billion from the international commu- we are encouraging to contribute more attitude and direction on the part of nity for Iraq. to Iraq’s reconstruction. And we are this administration. But we so poisoned the well in the lobbying them to forgive or reschedule I am convinced that winning the lead up to this war and in its aftermath the debt Iraq owes them. peace is possible if the President keeps that no one expects the international How can we add to Iraq’s debt, put to the new course he seemed to set two community to provide more than $2 to ourselves first in line to be paid back, weeks ago when he finally addressed $3 billion at the donors conference next kick the other creditors out of line— the American people. month. That is a terrible indictment of and ask them to contribute more and He vowed to make Iraq the world’s our foreign policy and a harsh example assume our debt? It won’t work. problem, not just our own, by going of the price of unilateralism. Second, we can do what the President back to the U.N. and seeking support of Will the missing money be generated is proposing: add to the deficit, which its members for troops, police and by Iraq’s oil revenues? That is what the is already close to $600 billion and pass money. administration led the American peo- along the bill to our children and And the President began to level ple to believe, and unfortunately even grandchildren. That, to me, is unac- with American people about the hard some Members of Congress now believe ceptable. road ahead to win the peace in terms of that is true. Or third, we can call on the patriot- time, troops and treasure. In fact, if we are lucky, oil exports ism of the American people, and ask If he sticks to that course, tells us will generate about $14 billion next them to help finance the $87 billion the how we are going to pay for the $87 bil- year—just enough money to pay for the President has asked for. The President lion, and shows us a clear and coherent government’s operating costs and sala- was right in saying that success in Iraq game plan, I believe we should give ries for public sector workers, the po- requires all of us to sacrifice. But he

VerDate jul 14 2003 01:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.084 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12253 squandered the opportunity to rally I hope the President will support an veloped in close consultation with the the most fortunate among us to the amendment to do just that—a bipar- Iraqi Governing Council. cause to help provide for our troops tisan amendment to the supplemental First, we must improve the security and meet the goal of achieving security that Senator KERRY and I will offer, situation on the ground for our soldiers and stability in Iraq. along with Senators CHAFEE, CORZINE, and for the Iraqi people. Over time, an The bottom line is: The President and FEINSTEIN. Iraqi army can and should take the doesn’t seem to have a plan to pay for I think Americans would support the place of our troops. But it will take troop support and reconstruction in idea of paying for this mission from the time to train such a force 1, 2, 3 years. both Afghanistan and Iraq. After $1.8 trillion in tax cuts enacted in the In the meantime, the best way to squandering an annual Federal budget last 3 years. take some of the heat off of our forces surplus in excess of $200 billion upon Let’s look at the numbers. Ameri- is to bring other countries in on the taking office, and running up annual cans in this bracket make, on average, deal. deficits estimated at nearly $500 billion $1 million a year. They are being asked That is one reason a new U.N. resolu- in less than 3 years, it would be fiscally to give up a single year’s worth of their tion is important. If we had done this irresponsible for this administration to $690 billion 10-year tax cut, and do it right from the start, we would have pass on the cost of our security to our gradually. been able to secure 60,000 or 70,000 for- children and grandchildren. That gets For example, in a single year, 2008, eign troops. I doubt we will get more it exactly backwards. the tax cuts going to the top 1 percent than another 10,000. But every single We must step up to pay for our own will total $87.7 billion—virtually the foreign soldier helps. For Iraqis, law and order has broken security and that of future genera- same amount of money the President is down in large parts of the country, es- tions. In fact, as the President said in requesting. In my view, the most fortunate pecially in Baghdad and central Iraq. his State of the Union Address: Americans surely would respond favor- Murder, carjackings, theft, and rape This country has many challenges. ably to such an idea. What we are say- are taking place at an alarming rate. We will not deny, we will not ignore, we will not pass along our problems to other ing is: They are no less patriotic than Criminal gangs are organizing at a rate Congresses, to other presidents, and other anyone else. But also they have the far faster than we are fielding trained generations. best ability to contribute because their Iraqi police. We will confront them with focus and clar- tax cut is so much greater than every- We have heard a lot of talk about ity and courage. one else’s. whether the number of foreign military In keeping with that view, the most The top 1 percent will get a cumu- forces on the ground is adequate. What obvious, fiscally responsible approach lative 10-year tax cut of nearly $690 bil- does not receive nearly enough atten- is to reconsider a small portion of the lion. What I am proposing leaves them tion is the urgent need to recruit inter- $690 billion tax cuts targeted for Amer- with a $600 billion tax cut. That is national police forces to train and icans with incomes in the top 2 per- clearly not punitive. If someone pro- work alongside the Iraqi police. Our cent—people with incomes exceeding posed today that the richest 1 percent own officials tell us that we urgently $360,000 and averaging $980,000 per year. get a tax cut of $600 billion, it would need over 5,000 international police to Cutting taxes responsibly in the mid- sound outrageous given the cir- train and patrol with Iraqis. We should dle of a jobless recovery, especially for cumstances we now face, with growing have deployed them over 5 months ago the middle class, makes good sense. deficits, and growing security needs. when Baghdad fell. We should have But never has any administration sum- In making this proposal, I am not ar- started recruiting them 12 months ago, moned Americans to war and, at the guing about the fairness of that dis- just as President Clinton personally same time, pushed through the biggest tribution. I have already stated my po- got on the phone to world leaders to re- tax cuts in history, all in the face of al- sition on that when I voted against the cruit police months before we went ready historically high deficits. tax cuts. But, whatever one thinks of into Haiti. Yet, to my knowledge, less The result is a mixed message to the the fairness of the tax cuts themselves, than 10 percent of the international po- American people, who are left to won- it is clear which Americans are in the lice forces we need are on the ground. der: How can we wage the fight against best position to give up a small part of Only Iraqis can effectively police terrorism without paying any price? In what they are getting to pay for our Iraq. They know their country better fact, the administration’s thinking re- mission in Iraq. And that, unfortu- than any foreigner. But we also know flects a woeful misunderstanding of the nately, is the price we have to pay for that the police under Saddam were cor- character of the American people. the unilateral foreign policy and the rupt and sadistic. They maintained I this post 9/11 period, Americans missed opportunities of this adminis- order through fear and coercion. We have been waiting to be asked to do tration. have to start from scratch in recruit- If we give the administration the great things for this Nation. ing and training an Iraqi police force. Two years after that dark day, we money it is seeking for Iraq’s recon- But that effort can’t occur on a large have yet to tap into the surge of patri- struction, it must give us a clear and scale until we get trainers in from otism deeply felt by every American. coherent plan for succeeding where it abroad. And we can if the President Imagine if the President’s address to has failed so far. builds an effective coalition, if he The No. 1 priority must be to inject a the Nation had included the following reaches out to our allies, and recruits sense of urgency to our efforts. I don’t those forces. request: want to minimize how hard this is, nor The second priority is to restore To all of you in the top one percent—those do I want to minimize the successes we basic services—particularly electricity, fortunate Americans whose average income water, and telephone service. is more than $1 million a year . . . have already achieved: Standing up the I am asking you to forgo a small part of Iraqi Governing Council, opening Ambassador Bremer set the end of your tax cut. schools and hospitals, establishing September as a deadline for restoring Instead of getting $690 billion of cuts, you local councils across the country. But electricity to its prewar level of 4,400 will have to make do with only $600 billion in all of this progress is jeopardized by megawatts. This is enough to meet cuts so we can pay for peace in Iraq, security our failure thus far to get it right in about two-thirds of countrywide de- in Afghanistan, and the war against ter- two fundamental areas: security and mand. rorism. basic services. While falling temperatures will ease Would a single American watching on If the Iraqi people do not soon see demand in coming weeks, toward the television have said: ‘‘No way. That’s their living conditions improve, they end of October, the month of fasting or not fair.’’ Of course not. will begin to turn against us. Once that Ramadan will begin. Iraqis will expect Reducing a small part of the tax cuts happens, the insecurity we are seeing to have electricity available during the for those in the top 1 percent of income today will look mild by comparison. evening meal when they break their will have no bearing on an economic In my judgment, there are five ur- fast. If they don’t, we should expect recovery. But it would restore a sense gent priorities in Iraq. their discontent to grow. It will take of national purpose and unity that is We need a detailed gameplan to ad- huge investments to bring the elec- our country’s greatest strength. dress them. And that plan should be de- tricity grid up to the level where it can

VerDate jul 14 2003 02:19 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.014 S01PT1 S12254 CONGRESSIONAL RECORD — SENATE October 1, 2003 meet full demand countrywide. Ambas- trucks when you can get a new pickup for by us. God love them, they are sador Bremer estimates $13 billion. An- here in the U.S. for $14,000? Our Iraqi there; we are happy they are there. other official in Baghdad puts the price friends deserve AC—but not leather Those other 20 nations are being paid tag at a total of $21 billion. seats and a CD changer. for by us, but for Great Britain. So we The third urgent priority is a stra- Why does the administration propose get 95 percent of the deaths. We pay 90 tegic communications plan. The United to spend $10,000 per student for a percent of the bill, and we take 99 per- States has the most advanced media month-long business course—more cent of the responsibility. That is one industry in the world, yet we are being than double the monthly cost of Har- option. beaten on Iraqi airwaves by the likes of vard Business School? The second option is—and which I al-Jazeera and Iranian TV and radio. Why does it propose to spend $50,000 predict this administration will do if The messages these outlets are broad- per prison bed—double the average cost this does not go right—declare victory casting do not cast the United States in the U.S.? and leave and see chaos ensue. Some in a positive light. The bottom line is that we have an Democrats will suggest that. Some in The quality of our broadcasts in Iraq obligation to closely scrutinize the the administration will suggest that. makes public access TV look good. It is President’s request, to ensure we spend Or there is a third option. We get hard to imagine succeeding in Iraq if taxpayer dollars wisely and effectively. someone else to pay the bill with us. we cannot succeed at getting our mes- But we must face up to our foreign pol- We get someone else to pay. sage out. icy and national security obligations There is a fourth option that is not a Few Iraqis have a sense of the prior- as well. We cannot meet our national real option. The Iraqis could pay. Let’s ities, plans, and progress of the United security needs on the cheap, or by get this straight about Iraqi oil. No one States. We need to communicate effec- playing off domestic constituencies before the war or after the war is pre- tively and directly with them. They against our need to get it right in Iraq. dicting in the next 5 or 6 years there need to hear us acknowledge their The stakes are too high, and an en- will be more than an excess of $5 to $10 problems. They need to hear us de- tire region’s future—one that is crit- billion a year to be able to pay for re- scribe our plans for fixing them. They ical to America’s security—is in the construction after the cost of paying need to hear timetables. It is not that balance. Let’s not take our eye off the for the government. Read Bremer’s re- complicated. ball. Let’s do the difficult thing, but port. So this is poppycock about Iraqi Our fourth urgent priority is helping the right thing. oil will pay our way out. to rebuild Iraq’s economy. The Iraqi Madam President, I just sum up by We are left with the last option: We economy is broken. It was destroyed by telling you what is in my heart. We get the rest of the world to jump in the 35 years of mismanagement, wars, have three stark, basic choices. It is tank with us. At the beginning of this sanctions, and extensive looting that real simple. Given the facts—the fact process, the President tried to impor- followed Iraq’s liberation. It will take is, it is going to take years to build, tune the Indian foreign minister to several years to recover. not a democracy, just a representative Unemployment is over 60 percent. By send a division. The Secretary of State republic in Iraq. Never in history— contrast, at the height of the Great De- and others said we are likely to get never in history—even in countries pression, our unemployment was just that. The Turks were talking about a with a tradition of western values and over 25 percent. A hot, poor, unem- division. We were looking for 50 to democracy, has a representative demo- ployed, and well-armed population is 60,000 troops. Guess what. They ain’t not a good combination. We need to get cratic government been built in a short coming, folks. people off the streets and involved in amount of time—never. I challenge you Here is the deal, and it is real simple. their country’s reconstruction. to challenge your staffs to give me an The President can genuinely inter- The final priority is to establish a example where that has occurred. nationalize this by sharing not only clear timeline for handing power back So, No. 1, it is going to take a long the responsibility but sharing the au- to the Iraqis. There is a legitimate de- time. It is going to take tens of billions thority. We continue to act like Iraq is bate going on with the French over the of dollars beyond this. Mr. Bremer has a prize we won. We continue to chal- pace of ‘‘Iraqi-ization’’ and the timing begun to level, and level first with us. lenge the world to help us. of elections. All of us want to see sov- He says after this $20 billion downpay- I went to the head of the European ereignty restored to Iraq as quickly as ment for reconstruction, it is a min- Union not long ago and I said: Javier, possible. But none of us want a process imum of $50 to $75 billion more— what do we have to do to get your help? that is so rushed that it ends in failure. more—over the next 4 years or so to do He looked at me, held my shoulders, Today, the best organized forces in the essentials, to rebuild Iraq. Other and said: Joe, ask. Not demand, not Iraq are extremist religious groups and think tanks have said it is $100 billion. challenge, ask. Ask. Ask. ex-Baathists. They have the most to The World Bank says $75 billion or so. There is not a major newspaper in gain from early elections. That is another essential fact. America that didn’t think the Presi- Building a strong, democratic center The third fact is this country has dent of the United States blew that op- and the institutions of civil society never been a country—never. It was the portunity when he recently spoke to will take time. We should seek a com- outgrowth of a deal made after World the United Nations. I am beginning to promise at the U.N. that creates a rep- War I. So we are putting together not doubt—and I hope I am wrong—that resentative—perhaps partially elect- a Germany, which was heterogenous, the United States is genuinely sincere ed—body that would draft the new not a France, not a defeated or victor about the U-turn he has made and Iraqi constitution by early next year. in the last war, or big war; we are put- wanting to engage the international That constitution should be put before ting together a country that has never community. I pray he means that. the people of Iraq in a referendum, and been a country, other than held to- Mr. BOND. Will the Senator from elections should follow by next sum- gether by a dictator or an autocrat or Delaware yield for a question. mer. a colonial power. It is going to take a Mr. BIDEN. Surely. The administration should submit a lot of time. Mr. BOND. I am taken with the world detailed plan with specific benchmarks Here is where we are. It is very sim- view and the view of the peace by the and timelines in each of these areas I ple. It is going to cost—everybody Senator from Delaware, but when he have mentioned. knows—billions of more dollars beyond talks about the United Nations, as a The administration also must show this supplemental. It is going to take member of the Foreign Relations Com- us that, in working toward these goals, thousands of somebody’s troops beyond mittee, I wonder if he recalls this dis- it will spend the tax payers’ money those that are there. And it is going to cussion with the Secretary of State: wisely. I have looked closely at the take a long time. Last week you engaged in tireless dip- budget request, as have most of my col- The choices are clear. We continue in lomatic efforts to seek such unity leagues. And we have a lot of ques- our unilateral ways to take 95 percent against Iraq. Oddly, other members of tions. To cite just three examples: of the casualties, pay 99 percent of the the Security Council continue to in- Why does the administration propose bill. One of the things my colleagues dulge the fantasy that Saddam would to spend $33,000 apiece for pickup know is that the Poles are being paid suddenly begin listening to reason.

VerDate jul 14 2003 01:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.017 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12255 Members of Congress do not share that don’t know any reason why we should I thank my colleagues and I yield the delusion. We look forward to receiving not be saying to the French, the Ger- floor. the President’s recommendations with mans, the European Union, and the Mr. FEINGOLD. Madam President, regard to the need to use force to con- U.N., you help us form this govern- today I have voted in support of Sen- tain, if not destroy, Iraq’s capability to ment. I don’t know any reason why we ator BYRD’s amendment to strike $15.2 produce weapons of mass destruction. didn’t have them in there in the first billion in reconstruction aid from the Is my colleague familiar with that? place, beginning the electoral process, supplemental appropriations bill. I sup- Mr. BIDEN. I think you are quoting why we stiff-armed them. I don’t get it. ported this amendment not because I one of the most articulate men who has I do know the result. Whether you oppose the overall intent of some of ever served in the Senate. I wonder agree with me or not, somebody has to this spending—helping Iraqis establish who you are talking about? pay the bill. All my friends who don’t order and setting the country on a path Mr. BOND. I am referring to the dis- like international institutions, all my to stability and development—but be- tinguished Senator from Delaware— unilateralist buddies who like to eat cause it is clear that there has been in- Mr. BIDEN. I thought that is who freedom fries and engage in their little sufficient planning and insufficient ex- you were talking about. pettiness, have fun, but go home and planation as to how this $15.2 billion in Mr. BOND. Who I understood made explain to your people why only Ameri- reconstruction assistance would be this statement to the Foreign Rela- cans are dying. Go home and explain to spent. tions Committee. your people why only American tax- This portion of the request needs Mr. BIDEN. The Senator is abso- payers are paying the bill. Go home careful consideration and, frankly, this lutely right. If he wants to read the and explain to your people why we portion of the policy desperately needs rest of the statement, he will point out have close to 200,000 troops in the re- improvement. It makes sense to sever we in fact should have continued to try gion and 140,000 troops there. Bravo. this portion from the rest of the re- to get the rest of the world to come Bravo. Aren’t we tough. quest to allow for that process without along after the fact. Can you imagine if It is about time we wake up. By the delaying action on all of the issues be- the President of the United States had way, I will be seeking the floor later fore us. said, the day after the statue of Sad- today with an amendment. This Presi- Mr. BINGAMAN. Madam President, I dam fell, if he went on national tele- dent has come along and said: We need rise today to explain my support for vision and made the following speech: $87 billion and, by the way, just add it Senator BYRD’s amendment No. 1794 to My fellow Americans, I tell you that to the deficit. Add it to our tab. Put it S. 1689. While I support funding the re- our fighting men and women have on the tab. Our kids will pay for our se- construction of Iraq, I believe in the bravely defeated the present govern- curity. necessity to consider these two very So the budget deficit is going to ap- ment, but we have much to do. It will important issues funding for Iraqi secu- proach $600 billion. Can anybody name cost billions of dollars and take tens of rity and Iraqi reconstruction sepa- a time for me in American history thousands of troops for the foreseeable rately. when a President took us to war and, future. Toward that end, I am going to The purpose of the Byrd amendment after taking us to war, a war that I ask our valued allies who disagreed was to separate the reconstruction por- supported his going to, said: It is going with us, whose democratic processes I tion from the security portion of S. to be a long sacrifice, and, by the way, respect but they disagreed with us, to 1689. Had Senator BYRD’s amendment here is the largest tax cut in the his- now step in and help us, ask them to passed we would have been able to take tory of the United States of America, participate in rebuilding Iraq and share immediate action on the security por- the responsibility of forming a new as we go? Can anybody name any time in tion of S. 1689 and passed that portion government and dealing with the after- American history when that has ever before we left town this week. We could math of Saddam. Toward that end, I happened? Isn’t it kind of strange? have then, upon our return, looked have convened a meeting with Mr. So, Madam President, I will not take more closely at the President’s request Chirac, Mr. Schroeder, the European the time to talk about how we should for reconstruction funding and taken Union, et cetera. What do you think pay for this now. But I will suggest—is the time to give thorough scrutiny to would have happened? there any time left? the administration’s request and better But what did we say? We said the The PRESIDING OFFICER. There examine the ways in which we are same thing we said in Afghanistan. are 2 minutes 24 seconds. prioritizing the spending requests of When the French offered to send 5,000 Mr. BIDEN. Madam President, to me, this bill. of their marines, when Schroeder this is real basic. If we want people to The PRESIDING OFFICER. The Sen- risked a vote of confidence by one vote, share the burden, we have to be willing ator from Nevada is recognized. he succeeded in voting for sending 1,000 to have people share the responsibility. Mr. REID. Madam President, I failed, German marines to Afghanistan, Mr. Why does the administration propose— and it is certainly my oversight—prior Rumsfeld and company said: We don’t by the way, we have every right to to a vote on the Byrd amendment, the need them. And they stiff-armed them. look at the details of this $87 billion. managers should be recognized. They Senator LUGAR and I contacted the Why does this administration pro- have both agreed to 8 minutes each. President and said: Please, please ac- pose to spend $33,000 apiece for pickup I ask unanimous consent that the cept their forces. trucks when you can get a brand new managers have 8 minutes each prior to We don’t need them. We don’t need pickup in the U.S. for $14,000? Our Iraqi the vote on the Byrd amendment. them. friends deserve AC—but not leather Mr. STEVENS. Reserving the right Technically we may not need them. seats and a CD changer. to object, that is on the Byrd pending But I would argue that is the nadir of Why does the administration propose amendment? diplomacy that I have witnessed in this to spend $10,000 per student for a Mr. REID. Yes. body, and I am now the seventh most month-long business course—more Mr. STEVENS. To occur now? senior Member. The diplomacy has than double the monthly cost of the Mr. REID. Yes, but first Senator been so incredibly ham-handed that we Harvard Business School? SMITH will speak, and then Senator have to continue this foolish response. Why does it propose to spend $50,000 BOXER will speak for 8 minutes, and We have hamstrung ourselves in a way per prison bed, which is double the av- you and Senator BYRD will have 8 min- that makes it almost impossible to do erage cost of a U.S. prison bed? utes each. what everybody on this floor knows we The bottom line is we have an obliga- The PRESIDING OFFICER. Is there need to do. tion to closely scrutinize the Presi- objection? It is real simple. If you think we can dent’s request, to ensure that tax- Without objection, it is so ordered. secure the peace in Iraq all by our- payers’ dollars are spent wisely and, The Senator from Oregon is recog- selves without anybody else’s help, most importantly, that this adminis- nized. then have at it. Go to it. I don’t know tration has changed its course because Mr. SMITH. Mr. President, before my any reason why Bremer should not be literally the future of our children is at friend Senator BIDEN leaves the floor, I dual-hatted like we are in Bosnia. I stake if they don’t get it right. tell him that I think he is on the wrong

VerDate jul 14 2003 01:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.087 S01PT1 S12256 CONGRESSIONAL RECORD — SENATE October 1, 2003 side of short-term politics, but he is on ers helped to save the free world in they want to fight, it is there, not here, the right side of history to support the that act. But if you added it up at the and we have to go and win the peace. It President’s request for $87 billion. He time, as many did, and tried to make falls to us now to pay for it. has made many points where the ad- sense of it, it didn’t make sense. But as I say JOE BIDEN is on the wrong side ministration could have done this or I say, JOE BIDEN is on the right side of of short-term politics but JOE BIDEN is that better. Some of them are valid. history because America has been on the right side of history, just as Re- I think it is important that we re- called to a new sphere of responsibility, publicans were when they supported mind ourselves what this is really all just like our parents were in Europe Truman with the Marshall plan. We are about. What are the bigger issues at and in Asia. being asked to do something that is play here? I have believed throughout I talked about the spread of democ- historic. If the time of the Americans my life as a child of the cold war that racy being one of the pillars of Amer- is over with the cold war, vote no. If American foreign policy is something ican foreign policy. Democracy is set- the time of the Americans and Amer- to be proud of. Born in the early 1950s, ting its roots everywhere on the planet ican leadership is still present, vote I remember the nuclear bomb drills, except in Arabia. The Arab peoples yes, for this appropriation. Vote where we would get under our desks have suffered mightily because of its against the amendments that would and practice how to survive a nuclear absence, not having the rule of law. All gut it because I believe our place in the bomb. I remember great leaders such as you have to do is go look at the mass world, democracy’s future on this plan- Eisenhower, Kennedy, Nixon, and then graves in Iraq to understand that. All et, is in large measure determined by Reagan, standing up for the principles you have to do is look at his people and what leadership we give to the world. of the American Constitution at home his neighbors, the Iranians, who have I wish I had more confidence in inter- and abroad. suffered the effects of weapons of mass national organizations. I think we I ask myself, what are the values of destruction from Saddam Hussein to should stay in them, but I don’t believe the American foreign policy? I believe understand his danger. All you have to we should ever have our interests and they are the spread of democracy. I be- do is understand where Hamas got its our values subordinated to the veto of lieve they are the defense of human money to blow up the people of Israel; the Security Council of the United Na- rights. I believe they are the expansion they got it from Saddam Hussein. tions. That would be a mistake. And if of prosperity and engaging in trade. I believed this President when he we had ever done that, we would never The world doesn’t need to fear the came to us and asked for our support. have defended Europe in the cold war, United States of America as long as He said the threat was not imminent, we would never have defended our al- those values are intact. I believe they but after 9/11 we could no longer wait lies in Asia, because we never could are very much intact. When I came to until it is imminent when we are deal- have gotten support of the Security this body in 1997, I was privileged to ing with a madman like Saddam Hus- Council for such things. So it does re- serve on the Foreign Relations Com- sein. quire American leadership, and some- mittee with Senator BIDEN. I remember Many of my colleagues criticize times, with allies such as the British, during the Clinton administration a President Bush for not planning for the feeling that our foreign policy was very we have to go it nearly alone. peace. Well, frankly, we, the Repub- I believe the time of the Americans is well intentioned, but there was uncer- licans, criticized President Clinton for still now, and I think we need to sup- tainty about what to do with it. We not planning sufficiently for the peace were attacked at the World Trade Cen- port this President because I think the in Kosovo. I am not sure how well you ter; we were attacked at the Khobar peace of the world and the spread of de- can plan for the peace, but I know Towers; we were attacked in our ship mocracy are dependent upon it. every time a chief executive, Repub- I thank the Chair. in a port in Yemen; our embassies were lican or Democrat, comes here and says The PRESIDING OFFICER (Mr. blown up. In each case, our response I have a plan for the peace, we have CORNYN). The assistant Democratic was to hit them with a cruise missile, many of our colleagues simply say we leader. but not the commitment to actually go cannot pay for the peace. We can pay Mr. REID. Mr. President, I ask unan- get them. to win a war, but we want to go home imous consent that the agreement now I joined Senator BIDEN and others on the Democratic side in supporting when it is time to win the peace. in effect be amended to allow the Sen- President Clinton in Kosovo, believing The American people, I know, are ator from California to speak for 10 that the defense of human rights in- tired of paying, but world leadership minutes rather than 8 minutes. cluded stopping genocide on a massive and American interests in relationship The PRESIDING OFFICER. Without scale in Bosnia. I remember when to that are priceless, and sometimes we objection, it is so ordered. many Republicans criticized President cannot tote it all up. But I ask you The Senator from California. Clinton for not coming with a plan— what kind of a world we will live in if Mrs. BOXER. Mr. President, I thank planning for peace, having every jot we succeed in this vision of estab- my colleague. It is because I prize and tittle accounted for in the expendi- lishing a democracy in Iraq. Think America’s leadership in the world that tures in Kosovo. what that means to Arabia, to Israel; I will be proudly supporting Senator I suspect if we look up what we have think what that means to our country BYRD’s amendment because Senator spent in Kosovo on a per-capita basis, if we can avoid a future 9/11. BYRD’s amendment will allow us to it is about the same as President Bush It will make the pricetag for peace in really look at what we are doing in is proposing to spend in Iraq. As impor- Iraq look like a good price, and it will Iraq. It is because I also prize this tant as Kosovo was in terms of our mean that while some will complain we country and I respect and honor the strategic interests, Iraq is infinitely have created a breeding ground for ter- needs of our people that I am sup- more important. rorists in Iraq, in the Middle East, we porting Senator BYRD’s amendment. Now I believe America’s best days are can answer, yes, we have, but the If we look at what we spend in a year still ahead. I believe our role in world ground is there; it is not here. That is on items most important to the people leadership is more important now than what I think President Bush is trying in this country, and we compare it to ever before. I believe after the Second to do. what they are about to spend in Iraq World War America was laden with So when we criticize our leaders for reconstruction which we were told debt and our people wanted to go home, bold vision, just as Republicans criti- would never fall to American tax- and President Truman came to this cized Roosevelt for Yalta, understand payers, we will see that our people are place and said we have to have a Mar- Roosevelt tilted the ship of state in the being shortchanged. shall Plan to save Europe. It was one of right direction so we could ultimately Senator BYRD’s amendment allows the most beneficent acts ever by a gov- win. Understand that Truman laid the the funds for the military to move for- ernment over a continent that had groundwork for democracy in Europe ward and even $5 billion of reconstruc- been conquered and suffered much tyr- so we are not constantly fighting be- tion for the Iraqi police to move for- anny. tween Germans and French. And under- ward, but it withholds the $15 billion I believe that Roosevelt, Truman, Ei- stand that what President Bush is now because he prizes America’s leadership, senhower, MacArthur, and other lead- saying is, after 9/11, no more of them. If because he doesn’t want us to look

VerDate jul 14 2003 01:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.090 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12257 foolish, because he as well as I and a cost of $50,000 per prison bed where in ing. That is not Senator MURRAY many others are tired of reading in the America it cost $25,000 per prison bed. speaking or Senator STABENOW. newspaper comments from the Iraqis. Others have talked about the cost of This is what the American people For example, this is one from USA a 4-week business course in Iraq at a were told, and Senator BYRD is saying Today. It tells of an Iraqi businessman cost of $10,000 per student when in Har- to this administration that they did who was surprised to see the $100 mil- vard it is $4,000. I say thank you, Sen- not tell us the truth about this. lion estimate to build a complex that ator BYRD. It goes deeper than that. This admin- will house more than 3,000 people. He Where is the money going? Into istration has been wrong down the line said: I could build this for $10 million. somebody’s pocket where it doesn’t be- on this policy, and suddenly we are If someone comes to the floor and long over there or over here? It doesn’t supposed to write this enormous check says Senator BYRD is turning his back matter; it is taxpayers’ dollars. for this reconstruction. I look at it as on America’s place in the world be- Look at what we spend one year on a blank check—when one sees the num- cause Senator BYRD wants to protect drug enforcement, $1.6 billion, and our bers they have put forward. They were the people of this country and their kids are dying of overdoses, and we wrong on the weapons of mass destruc- taxpayer dollars so that when and if we don’t have the money, and this admin- tion. They were wrong on what would do build housing or shopping malls in istration won’t give us the money for happen after the war. They were wrong Iraq, it is done in the right way, I say education. when they failed to predict that the the people who question him are on the This President cut afterschool pro- terrorists would move in and fill the wrong track. grams in half, throwing 1 million kids void. They were wrong on what the re- I have another quote. A member of out on the street. Thank goodness we building would cost. They were wrong restored some of it. I say thank you, the Iraqi Governing Council—appointed on the state of Iraq’s ability to recover Senator BYRD. by this administration, I might say— economically. They were wrong on how You can make the most lofty state- saying to WAXMAN staff over on the ments you want about America’s lead- many troops would be needed. They House side that non-Iraqi contractors ership. America’s leadership doesn’t were wrong on the oil revenues. They had charged about $25 million to refur- move forward one iota when we are not were wrong on how much other coun- bish 20 police stations in Basra, a job careful and we don’t look at what we tries would contribute. that he said Iraqis could have done for are doing. I know it is hard to listen to this. I $5 million. This is a disaster. I think it is extraordinary: $9 million know some of my colleagues on the My friend talked about President for a state-of-the-art Iraqi postal serv- other side do not really want to listen Roosevelt. Let me tell you what FDR ice. Per capita, this amount is greater to this, but these are the facts. We are said about this during World War II: than the Federal Government spends not operating from a lack of experi- I don’t want to see a single war millionaire on the U.S. Postal Service. Tell that to ence. What Senator BYRD is saying— created in the U.S. as a result of this world our constituents who are told they may and he is making a plea to colleagues disaster. not get Saturday mail deliveries. on both sides of the aisle—is that we He was talking about war profit- My constituents are perplexed by need to take a further look at these re- eering. Maybe my colleagues are san- this request. The President will not quests, especially at a point in time guine about the scandals we have al- pay for it. He is adding to an already when we are told by this administra- ready seen with no big contracts in the overblown deficit. If we do not count tion that they cannot even meet our back room to firms that have connec- the Social Security trust fund, it is up homeland defense needs. tions to the Vice President of the to $700 billion. He will not pay for it. I have an amendment to try to pro- United States. I am not sanguine. The numbers do not add up. They do tect commercial aircraft from shoul- The Byrd amendment is saving us not make sense. der-fired missiles. Let’s support Sen- from the embarrassments that will My people want us to do our share to ator BYRD. He is doing the right thing flow, because they will flow. I have help the Iraq people, but they were told for America. been in the area of military procure- a different story from this administra- I yield the floor. ment reform for a very long time. I tion. Press Secretary Ari Fleischer: The PRESIDING OFFICER. The Sen- served in the House for 10 years. I Iraq has tremendous resources that belong ator’s time has expired. served on the Armed Services Com- to the Iraqi people. And so there are a vari- Under the previous order, there will mittee. I discovered a lot of problems ety of means that Iraq has to be able to now be a period of 16 minutes equally with military procurement, and you shoulder much of the burden for their own divided between the Senator from West ain’t seen nothing yet when you al- reconstruction. Virginia and the Senator from Alaska. ready have Iraqis saying we are charg- Ari Fleischer, the spokesman for the The Senator from Alaska. ing so much. President, said that in February of this Mr. STEVENS. Mr. President, I as- What Senator BYRD is saying to us is, year. In March of this year, Deputy De- sume this will be an up-or-down vote. I before we send hard-earned American fense Secretary Paul Wolfowitz: am pleased to make my statement first tax dollars over there for a rebuilding, There’s a lot of money to pay for this that and let the Senator close. That would if you will—actually, it is not even a doesn’t have to be U.S. taxpayer money, and put people on notice that we should be rebuilding; it is a building because a it starts with the assets of the Iraqi people. voting in 15 minutes. lot of the things they never had be- He also said: I have said repeatedly that the Presi- fore—before we do that, we need to We’re dealing with a country that can real- dent’s supplemental must be consid- look at this situation. ly finance its own reconstruction, and rel- ered as a complete package. This is one When I see that the administration, atively soon. of the key votes on this bill. If we try the President, is asking for $33,000 This is what my constituents were to separate even a portion of the pack- apiece for 80 pickup trucks when here told, and now they are told they are age of the $20.3 billion, we will delay they cost $14,000, I say thank you, Sen- supposed to blink their eye at tens of the return of our troops. ator BYRD. billions of dollars going for things that We are in a situation where the When I see a $3.6 million request for cost half the price in this country. quicker the Iraqi people can get con- satellite phones at an average cost of How about Secretary Rumsfeld, the trol of their own affairs—or even great- $6,000 and we are told by the Iraqis that leader of this war: er control of their own affairs, I should they paid on May 12 $900 each, I say I don’t believe that the United States has say—the better off we will be and the thank you, Senator BYRD. the responsibility for reconstruction. sooner we will start bringing our forces And $2 million for museums and me- Let me say that again. The top per- home. morials when the Iraqis say they are son in the Defense Department, Sec- Support for our forces is directly tired of memorials. That is all Saddam retary Donald Rumsfeld: linked to the funds for security, infra- ever gave them. They don’t want more I don’t believe that the United States has structure repair, and freedom in Iraq. memorials. I say thank you, Senator the responsibility for reconstruction. All of the witnesses who appeared be- BYRD, for calling attention to the fact That is not BARBARA BOXER speak- fore us from the military, the State that they want to build two prisons at ing. That is not ROBERT BYRD speak- Department, and Ambassador Bremer,

VerDate jul 14 2003 01:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.093 S01PT1 S12258 CONGRESSIONAL RECORD — SENATE October 1, 2003 representing both in Iraq, have indi- Mr. BYRD. I thank the Chair. education. That must be a great edu- cated to us there is no question that Mr. President, first I thank my col- cation because tuition at Harvard Busi- the safety of our people is linked to league, Senator STEVENS, for his cour- ness School is less than $4,000 per these funds for reconstruction and res- tesy. I want to tell him again that my month. toration of Iraq. association with him is not so fragile As long as we are talking about edu- Our colleagues have said they sup- as to be injured by any differences we cation, the administration also wants port the military money, but the mili- may have between us on this amend- to spend $30 million for English classes, tary money must be increased greatly ment or any other question. at a cost of $1,500 per student. How if the forces are not forthcoming from The American people have only re- about that? Thirty million dollars for the Iraqi people to provide security and cently been exposed to some of the de- English classes at a cost of $1,500 per police. They can provide their own peo- tails of the $15.2 billion in funds that student. Similar English programs in ple at much less cost than we can. To the President has requested for the re- the United States reportedly cost just provide security in a military concept construction of Iraq. The more the pub- $500 to $1,000 per student. And there is will mean bringing a great many more lic learns about this request, the more more. There is more. military people to Iraq to provide the the people will want Congress to take a There are more reasons to vote security that is necessary to deal with closer look at this request. against my amendment. For example, the situation, particularly in the tri- My amendment would strike $15.2 bil- there is also $2 million for museums angle around Baghdad. lion in reconstruction funding for Iraq. and memorials. Is this money really an Our troops on the ground become But it does not touch 1 cent of the se- emergency? Is it? Some Iraqis don’t greater targets the more the dissidents curity-related funding in this $87 bil- think so. On September 29, USA Today increase their control over the Iraqi lion appropriations bill. My amend- quoted a car dealer in Iraq as saying people. The dissidents really are those ment would allow the Senate to go about this money: who are unhappy about their own lack back to the drawing board and consider OK, garbage collection I can understand, of necessities, their own security, their an entirely new bill that would only but statues? After Saddam, we are fed up own lack of fuel and electric power. contain funds for rebuilding Iraq. with statues. These costs for reconstruction are A vote for the Byrd amendment is a If Senators support this kind of ex- high, there is no question about it. If vote for taking a fresh look at $15.2 bil- cessive spending, then vote against the we compare it to other engagements we lion in Iraqi reconstruction spending. A Byrd amendment. But I think the Sen- have had in the world, they are not vote for the Byrd amendment is a vote ate must take a new look at the $15.2 high on a per capita basis. We are deal- for more hearings, more hearings about billion in reconstruction spending pro- ing with many more people in Iraq why these funds are needed, more hear- posed by the administration. Interest- than we were in Bosnia, and many ings about your money. I have heard ingly, just yesterday, members Of the more than we were in Kosovo. In both that expression so much when it has Iraqi Governing Council told the lead- of those countries, we ended up with a been used by our friends on the other ership of the Senate that they had not period of long occupation that would side, talking about the tax cuts, say- been consulted in putting together this have been unnecessary if we had moved ing: It is your money. It is your money. budget request for the reconstruction into the concept of aiding the people It is the people’s money that we are of Iraq. We need to make sure there is there to provide their own government talking about here. A vote for the Byrd a coherent plan for how this money is and their own security and their own amendment is a vote for more hearings to be spent. basic future. I do not yet have any confidence that I do hope the Senate will vote about why these funds are needed. Are there reasons to vote against my the administration has a solid plan for against the Byrd amendment. It is the amendment? There sure are. There sure how it plans to spend this money, and first test really of the intention of this the lack of a plan could leave working are reasons to vote against my amend- Senate to approve the request of the Americans on the hook for billions of ment. If Senators want to spend $10 President of the United States, which dollars more for many years. has been supported by every person million to hire 48 bureaucrats for Iraq I also do not yet have confidence that who is in authority in our Government at the cost of $208,333 per pencil pusher, the administration has a plan for today. that is a good reason to vote against bringing in the international commu- I wish I had with me some of the let- my amendment. nity to the occupation and reconstruc- ters I have received, that have been If Senators want to support $9 mil- tion effort in Iraq. Some have argued read to me, from our military people in lion for creating new ZIP Codes in Iraq, that, if this reconstruction spending is Iraq. Those who are serving there have vote against my amendment. That is a delayed, it will result in increased dan- done a magnificent job, and they know good reason. That is a dandy reason to ger to the troops. I simply don’t under- it. They are writing their parents and vote against it. stand how creating new ZIP Codes in Let me say that again. If Senators telling them how proud they are of Iraq, how hiring more bureaucrats for want to support $9 million for creating what they have done and how proud Iraq, how purchasing more pickup new ZIP Codes in Iraq, vote against my they are to be helping these people trucks for Iraq will make American amendment. Go to it. have permanent freedom in their own troops any safer. What they need is a If Senators want to buy 80 pickup country. plan and an exit strategy, which in- trucks at $33,000 when pickup trucks at I urge that this amendment be de- cludes getting troops and money from a car dealership in any town in the feated. the international community. I do want to point out that what we USA start at just $14,000, vote against Vote for the Byrd amendment to are dealing with is the question of my amendment. Go to it. Vote against strike this $15.2 billion and let the Sen- splitting this supplemental. The sup- my amendment. ate take a new look at how we can A vote against the Byrd amendment plemental is in two parts. One is mili- share the cost of this reconstruction to strike $15.2 billion in aid to Iraq is a tary, and one is for reconstruction and spending with the international com- vote for a padded bill. Go to it. A pad- restoration of the Iraqi people. To split munity. off any part of it is to defeat the pur- ded bill. The questionable items funded I yield the floor. pose of the administration and to de- by this bill go on and on and on. The PRESIDING OFFICER. All time feat the goals we sought to achieve by The President’s request contains $3.6 has expired. The question is on agree- committing our forces to the cause of million for 600 radios and telephones at ing to the amendment. liberating Iraq. $6,000 each. How about that? According Mr. STEVENS. I ask for the yeas and I yield the remainder of my time. to the Business Week of May 12, Iraqi nays. The PRESIDING OFFICER. The Sen- merchants sold satellite phones during The PRESIDING OFFICER. Is there a ator from West Virginia. the war for $900 each. sufficient second? There is a sufficient Mr. BYRD. How much time do I This bill has $20 million to send second. have? Iraqis to a 4-week business school The clerk will call the roll. The PRESIDING OFFICER. The Sen- course at a cost of $10,000 per month. The assistant legislative clerk called ator has 8 minutes. How about that? That must be a great the roll.

VerDate jul 14 2003 01:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.095 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12259 Mr. REID. I announce that the Sen- isiana be recognized for 4 minutes as in The PRESIDING OFFICER. Without ator from Florida (Mr. GRAHAM), the morning business, after which I be al- objection, it is so ordered. Senator from Massachusetts (Mr. lowed to send my amendment to the The amendment is as follows: KERRY), and the Senator from Con- desk. The PRESIDING OFFICER. (Purpose: To commend the Armed Forces of necticut (Mr. LIEBERMAN) are nec- Without objection, it is so ordered. the United States in the War on Terrorism) essarily absent. The Senator from Louisiana. At the appropriate place, insert the fol- I further announce that, if present (The remarks of Senator LANDRIEU lowing: and voting, the Senator from Massa- and Senator CRAIG are located in to- SEC. COMMENDING THE ARMED FORCES FOR EFFORTS IN OPERATION ENDURING chusetts (Mr. KERRY) would vote day’s RECORD under ‘‘Morning Busi- FREEDOM AND OPERATION IRAQI ‘‘yea.’’ ness.’’) FREEDOM. The PRESIDING OFFICER. Are there Ms. LANDRIEU. I suggest the ab- Recognizing and commending the members any other Senators in the Chamber de- sence of a quorum. of the United States Armed Forces and their siring to vote? The PRESIDING OFFICER. The leaders, and the allies of the United States and their armed forces, who participated in The result was announced—yeas clerk will call the roll. The assistant legislative clerk pro- Operation Enduring Freedom in Afghanistan 38,nays 59, as follows: and Operation Iraqi Freedom in Iraq and rec- [Rollcall Vote No. 371 Leg.] ceeded to call the roll. ognizing the continuing dedication of mili- Mr. MCCONNELL. Madam President, YEAS—38 tary families and employers and defense ci- I ask unanimous consent that the order vilians and contractors and the countless Akaka Edwards Lincoln communities and patriotic organizations Baucus Feingold for the quorum call be rescinded. Mikulski that lent their support to the Armed Forces Bingaman Feinstein Murray The PRESIDING OFFICER. Without during those operations. Boxer Harkin Nelson (FL) objection, it is so ordered. Whereas the September 11, 2001, terrorist Breaux Hollings Pryor Mr. MCCONNELL. Madam President, Byrd Inouye Reed attacks on the United States, which killed Chafee Jeffords I will shortly offer an amendment that thousands of people from the United States Reid should be supported by everyone in the Conrad Johnson Rockefeller and other countries in New York, Virginia, Corzine Kennedy Sarbanes Senate. It seems to me it is time we and Pennsylvania, inaugurated the Global Daschle Kohl Schumer had such a vote. It is an opportunity to War on Terrorism; Dodd Lautenberg Stabenow set aside the rancor that has occasion- Whereas the intelligence community Dorgan Leahy quickly identified Al Qaeda as a terrorist or- Durbin Levin Wyden ally occurred during the consideration ganization with global reach and the Presi- NAYS—59 of this underlying measure, both in the dent determined that United States national Appropriations Committee and since, Alexander Crapo McCain security required the elimination of the Al Allard Dayton McConnell and agree that the Armed Forces of the Qaeda terrorist organization; Allen DeWine Miller United States have performed bril- Whereas the Taliban regime of Afghanistan Bayh Dole Murkowski liantly in Operation Enduring Freedom had long harbored Al Qaeda, providing mem- Bennett Domenici Nelson (NE) in Afghanistan and in Operation Iraqi bers of that organization a safe haven from Biden Ensign which to attack the United States and its Nickles Freedom in, of course, Iraq. Bond Enzi Roberts friends and allies, and the refusal of that re- Brownback Fitzgerald Santorum Since October 7, 2001, when our gime to discontinue its support for inter- Bunning Frist Sessions Armed Forces of the United States and Burns Graham (SC) national terrorism and surrender Al Qaeda’s Shelby Campbell Grassley its coalition allies launched military leaders to the United States made it a threat Smith Cantwell Gregg operations in Afghanistan, designated to international peace and security; Carper Hagel Snowe Whereas Saddam Hussein and his regime’s Specter as Operation Enduring Freedom, our Chambliss Hatch soldiers and allies have removed the longstanding sponsorship of international Clinton Hutchison Stevens terrorism, active pursuit of weapons of mass Cochran Inhofe Sununu Taliban regime, eliminated Afghani- destruction, use of such weapons against Talent Coleman Kyl stan’s terrorist infrastructure, and cap- Iraq’s own citizens and neighboring coun- Collins Landrieu Thomas tured significant and also important Cornyn Lott Voinovich tries, aggression against Iraq’s neighbors, Craig Lugar Warner and numerous members of al-Qaida. and brutal repression of Iraq’s population Since March 19, 2003, when the Armed made Saddam Hussein and his regime a NOT VOTING—3 Forces of our country and its coalition threat to international peace and security; Graham (FL) Kerry Lieberman allies launched military operations, Whereas the United States pursued sus- tained diplomatic, political, and economic The amendment (No. 1794) was re- designated as Operation Iraqi Freedom, efforts to remove those threats peacefully; jected. our soldiers have removed Saddam Whereas on October 7, 2001, the Armed Mr. STEVENS. Mr. President, I move Hussein’s regime, eliminated Iraq’s ter- Forces of the United States and its coalition to reconsider the vote. rorist infrastructure, ended Iraq’s il- allies launched military operations in Af- Mr. REID. I move to lay that motion licit and illegal programs to acquire ghanistan, designated as Operation Enduring on the table. weapons of mass destruction, and cap- Freedom, that quickly caused the collapse of The motion to lay on the table was tured significant international terror- the Taliban regime, the elimination of Af- ghanistan’s terrorist infrastructure, and the agreed to. ists. capture of significant and numerous mem- The PRESIDING OFFICER. The ma- During all of this time, during the bers of Al Qaeda; jority leader. heat of battle, our soldiers have acted Whereas on March 19, 2003, the Armed Mr. FRIST. Mr. President, under the with all the efficiency that wartime Forces of the United States and its coalition previous order Senator MCCONNELL will commands, but all the compassion and allies launched military operations, designed be offering a sense-of-the-Senate understanding that an emerging peace as Operation Iraqi Freedom, that quickly requires. They have acted in the finest caused the collapse of Saddam Hussein’s re- amendment on the troops. We are cur- gime, the elimination of Iraq’s terrorist in- rently working on an agreement to set tradition of U.S. soldiers and are to be frastructure, the end of Iraq’s illicit and ille- up the vote for that for tomorrow commended by this Senate. gal programs to acquire weapons of mass de- morning. Therefore, we will have no AMENDMENT NO. 1795 struction, and the capture of significant more votes tonight. Senator BIDEN to- Mr. MCCONNELL. Madam President, international terrorists; night will also be offering an amend- I send an amendment to the desk and Whereas in those two campaigns in the ment later. There will be no more votes Global War on Terrorism, as of September 27, ask for its immediate consideration. 2003, nearly 165,000 members of the United tonight. We will be announcing when The PRESIDING OFFICER. The States Armed Forces, comprised of active, we will be voting tomorrow morning a clerk will report. reserve, and National Guard members and little bit later this evening. The assistant legislative clerk read units, had mobilized for Operation Enduring The PRESIDING OFFICER (Ms. COL- as follows: Freedom and Operation Iraqi Freedom; LINS). The Senator from Kentucky. The Senator from Kentucky [Mr. MCCON- Whereas success in those two campaigns in the Global War on Terrorism would not have Mr. MCCONNELL. Madam President, NELL] proposes an amendment numbered 1795. been possible without the dedication, cour- I know the Senator from Louisiana is age, and service of the members of the interested in talking for a few minutes Mr. MCCONNELL. I ask unanimous United States Armed Forces and the mili- as in morning business. I ask unani- consent that further reading of the tary and irregular forces of the friends and mous consent the Senator from Lou- amendment be dispensed with. allies of the United States;

VerDate jul 14 2003 01:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.010 S01PT1 S12260 CONGRESSIONAL RECORD — SENATE October 1, 2003 Whereas the support, love, and commit- and to helping the people of Iraq and Afghan- and we believe a very commonsense ment from the families of United States istan build free and vibrant democratic soci- amendment to pay for the President’s service personnel participating in those two eties. request for funding the supplemental operations, as well as that of the commu- Mr. MCCONNELL. Madam President, for the war in Iraq. nities and patriotic organizations which pro- we will have further debate and a vote vided support through the United States Or- For my bona fides here, I want to ganization (USO), Operation Dear Abby, and on that amendment in the morning. make it clear at the outset, No. 1, I Operation UpLink, helped to sustain those I suggest the absence of a quorum. voted to give the President the author- service personnel and enabled them to elimi- The PRESIDING OFFICER. The ity to go to Iraq, and I believe it was nate significant threats to United States na- clerk will call the roll. the correct vote. I am not at all happy tional security while liberating oppressed The assistant legislative clerk pro- with the way the administration failed peoples from dictatorial regimes; ceeded to call the roll. to plan for the fall of Saddam, notwith- Whereas the civilian employees of the De- Mr. BIDEN. Madam President, I ask standing the importuning on the part partment of Defense, through their hard unanimous consent that the order for work and dedication, enabled United States of myself and many others—Repub- military forces to quickly and effectively the quorum call be rescinded. licans and Democrats in the Congress— achieve the United States military missions The PRESIDING OFFICER. Without but nonetheless, I do not come at this in Afghanistan and Iraq; objection, it is so ordered. as someone who is opposed to the idea Whereas the commitment of companies Mr. BIDEN. Madam President, I ask the American public is going to be making their employees available for mili- unanimous consent that the pending asked to spend more money to win the tary service, the creativity and initiate of amendment be temporarily laid aside peace in Iraq. We are going to be asked contractors equipping the Nation’s Armed so I may offer an amendment. to spend more money. It is inevitable. Forces with the best and most modern equip- The PRESIDING OFFICER. Without ment, and the ingenuity of service compa- I might add, even if we had every nies assisting with the global overseas de- objection, it is so ordered. other nation in the world with us, our ployment of the Armed Forces demonstrates AMENDMENT NO. 1796 share would still be in the tens of bil- that the entrepreneurial spirit of the United Mr. BIDEN. Madam President, I send lions of dollars to win the peace in States is an extraordinary valuable defense an amendment to the desk and ask for Iraq. We would still have tens of thou- asset; and its immediate consideration. sands of American troops there. Whereas the Nation should pause to recog- The PRESIDING OFFICER. The I am, as I stated earlier today, very— nize tributes and days of remembrance the clerk will report. I should not have said it probably— sacrifice of those members of the Armed Forces who died or were wounded in Oper- The legislative clerk read as follows: angry with the failure of this adminis- ation Enduring Freedom and Operation Iraqi The Senator from Delaware [Mr. BIDEN], tration to abandon the assumptions Freedom, as well as all who served in or sup- for himself, Mr. KERRY, Mr. CHAFEE, Mr. they had which were dead wrong. It is ported either of those operations: Now, CORZINE, Mrs. FEINSTEIN, and Mr. LAUTEN- understandable; we all make mistakes, therefore, be it BERG, proposes an amendment numbered but they were dead wrong what we Therefore, the Senate 1796. would find in Iraq after Saddam fell. (1) conveys its deepest sympathy and con- Mr. BIDEN. Madam President, I ask My colleague from Maine knows a dolences to the families and friends of the unanimous consent that the reading of great deal about American foreign pol- members of United States and coalition forces who have been injured, wounded, or the amendment be dispensed with. icy, both in her incarnation as a senior killed during Operation Enduring Freedom The PRESIDING OFFICER. Without staff person and now as a serious and Operation Iraqi Freedom; objection, it is so ordered. United States Senator. She knows from (2) commends President George W. Bush, The amendment is as follows: her experience on the Armed Services Secretary of Defense Donald H. Rumsfeld, (Purpose: To provide funds for the security Committee and she knows from her ex- and United States Central Command Com- and stabilization of Iraq by suspending a perience on intelligence matters of mander General Tommy Franks, United portion of the reductions in the highest in- what I speak. I am not suggesting she States Army, for their planning and execu- come tax rate for individual taxpayers) agrees with me; I am just suggesting tion of enormously successful military cam- At the end of title III, add the following: paigns in Operation Enduring Freedom and she knows how much is at stake in win- SEC. ll. (a) PROVISION OF FUNDS FOR SE- Operation Iraqi Freedom; ning the peace in Iraq. CURITY AND STABILIZATION OF IRAQ THROUGH (3) expresses its highest commendation and What I am about to say some will use PARTIAL SUSPENSION OF REDUCTIONS IN HIGH- most sincere appreciation to the members of an ad hominem argument and say the EST INCOME TAX RATE FOR INDIVIDUAL TAX- the United States Armed Forces who partici- PAYERS.—Section 1 of the Internal Revenue reason BIDEN is doing this is because he pated in Operation Enduring Freedom and Code of 1986 (relating to tax imposed) is is against funding the peace in Iraq. Operation Iraqi Freedom amended by adding at the end the following Wrong. I want to amend what the (4) commends the Department of Defense new subsection: civilian employees and the defense con- President sent us. I want to refine it. ‘‘(j) PROVISION OF FUNDS FOR SECURITY AND tractor personnel whose skills made possible For example, I voted against the STABILIZATION OF IRAQ THROUGH PARTIAL the equipping of the greatest Armed Force in Byrd amendment. The Byrd amend- SUSPENSION OF REDUCTIONS IN HIGHEST IN- the annals of modern military endeavor; ment really was designed to say we (5) supports the efforts of communities COME TAX RATE.— should deal with getting the money to ‘‘(1) IN GENERAL.—In the case of any tax- across the Nation— the troops right away and then let’s (A) to prepare appropriate homecoming able year beginning in 2005, 2006, 2007, 2008, 2009, and 2010, the 35 percent rate of tax talk about the remainder for rebuild- ceremonies to honor and welcome home the ing. I was likely to support that when members of the Armed Forces participating under subsections (a), (b), (c), and (d) shall be in Operation Enduring Freedom and Oper- adjusted to the percentage determined by it looked like we were not going to be ation Iraqi Freedom and to recognize their the Secretary to result in an increase in rev- allowed to offer any amendments. I contributions to United States homeland se- enues into the Treasury for all taxable years will have amendments to this legisla- curity and to the Global War on Terrorism; beginning in 2005, 2006, 2007, 2008, 2009, and tion. and 2010 equal to $87,000,000,000. For example, we are spending some- ‘‘(2) ADJUSTMENT OF TABLES.—The Sec- (B) to prepare appropriate ceremonies to thing like $50,000 or $55,000 for every commemorate with tributes and days of re- retary shall adjust the tables prescribed under subsection (f) to carry out this sub- prison bed we are going to build in membrance the service and sacrifice of those Iraq. They need to build prisons. It is service members killed or wounded during section.’’. those operations. (b) EFFECTIVE DATE.—The amendment in our interest they do that. We spend (6) expresses the deep gratitude of the Na- made by this section shall apply to taxable half that in the United States. Why in tion to the 21 steadfast allies in Operation years beginning in 2005. the devil should we be spending twice Enduring Freedom and to the 49 coalition Mr. BIDEN. Madam President, I as much in Iraq? One of three things: members in Operation Iraqi Freedom, espe- promise I am not going to keep you We either have not calculated cor- cially the United Kingdom, Australia, and long. I plan on speaking in more detail rectly or we are padding contractors Poland, whose forces, support, and contribu- to this tomorrow, but I wanted to lay who are going to go in and do the job, tions were invaluable and unforgettable; and (7) recommits the United States to ensur- this amendment down tonight. or Bremer and others are looking for ing the safety of the United States home- With the help of Senator KERRY, Sen- some cushion to have money to do land, to preventing weapons of mass destruc- ator CHAFEE, Senator CORZINE, and other things. In any of the three cases, tion from reaching the hands of terrorists, Senator FEINSTEIN, we have a simple it is the wrong way to go about it.

VerDate jul 14 2003 01:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.009 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12261 I will be offering an amendment that ple what it is going to cost. Tell them So this is going to take a long time. says we are going to cut part of the it is going to be billions of dollars. Tell My effort is like that of Senator REED money for rebuilding Iraq; that we are them it is going to take tens of thou- of Rhode Island. We have to do more, only going to pay $30,000 per prison bed sands of troops for an extended period not less. So this is not designed to un- like we do here. We are talking about of time because, Mr. President, if you dercut the effort to rebuild Iraq. Nor is spending on education programs twice don’t, you are going to lose their sup- it designed as a back-door way of what we pay a student to go to Harvard port. They are going to be angry when eliminating the President’s tax cut. Business School. There are a lot of they find out Johnny and Jane are not Let me tell my colleagues what it is things in the supplemental that require going to be marching home by Christ- designed to do. It is designed to pay for accountability. I am going to try to mastime. They are going to be angry what we need to do. There is the $87 hold the administration accountable— when they find out we are going to billion we are about to—I believe, I pre- not accountable for their sins, account- have to devote billions of dollars—tens dict—at least the bulk of that we will able so the American public and we of billions of dollars—to prosecute the vote for. The President will sign it into know what they are doing. peace, as we have already spent tens of law. The question is: What happens? My friend from Maine—I do not want billions of dollars, over $70 billion, to How is that $87 billion, in effect, re- to get her in trouble, but I think she prosecute ‘‘the war.’’ And the Presi- corded on the books? and her colleagues were empathetic at dent was reluctant to do that. I think Well, the President’s proposal is very least to the initial proposal, the so- his failure to level with the American simple and straightforward. It in- called Biden-Lugar amendment before people early on is a serious mistake. creases the deficit to almost $600 bil- the war as to what the conditions of By the way, conservative senior Re- lion. Just add the $87 billion on top of going to war were. On the amendment, publicans, such as my friend Senator the roughly $500 billion deficit for next which we never got to, because Mr. DOMENICI, have used words such as year, and that is it. ‘‘level with the American people,’’ or GEPHARDT reached a deal with the Put another way, my granddaughters ‘‘the administration should level.’’ President and the House of Representa- Naomi, Finnegan, and Roberta Mabel Senator LUGAR has been saying that tives and rendered our efforts moot, we will pay for my security. They will pay for 6, 8, 10 months. So this is not a par- had, I am told, over 20 Republicans pre- for reconstructing Iraq. Now where I tisan attack on the President. This is pared to vote for it and 40 Democrats come from, I thought it was the other just pointing out the President has to, to vote for it. way around. I thought we were sup- What did that amendment have in it to keep these folks in the deal so we posed to pay for our children’s and our that the authorization we finally don’t leave our troops over there grandchildren’s security. stranded, in effect, so we don’t divide It is really simple. This is not hyper- passed did not have? It had reporting this Nation—the only similarity be- bole. This is not some great insight. If requirements. The President was re- tween this and Vietnam, in my view, is it is added to the deficit, our children quired to report on a regular basis this has the potential to divide the Na- and grandchildren pay for it. The pages what he was doing, how the war was tion. Not in the sense it is a quagmire. will pay for my security, if we succeed going, whether or not we were doing It is in a sense that it will divide the in Iraq. the following things. So I think there Nation, and we cannot afford a divided So that is one thing we can do. We should be reporting requirements tied Nation because if we lose the peace in can do the President’s proposal. The to this $87 billion, and more. I will not Iraq—in a sense it is silly me saying other way we can do it is some Mem- bore you with what else. this to you, Madam President, because bers of both parties—I believe, al- The point I am trying to make is this you know this better than most—if we though I am not certain, but I think is not a veiled attempt to somehow un- lose the peace in Iraq, we will signifi- the Senator from Texas still has the dercut or defeat the President’s request cantly strengthen Iran. view and some colleagues on my side, for significant economic and military We will significantly undermine the Senator DORGAN and others, believe aid in Iraq. We have to do it, in my moderates in Iran. We will put incred- there is so much oil in Iraq we can view. ible pressure on Musharraf in Pakistan, have them pay us back for this $87 bil- The second point I want to make at a nuclear power. We will put incredible lion. So we can make it in the form of the outset is I voted against the Presi- pressure on the new Islamic party in a loan. dent’s tax cuts. I think they were ex- Turkey that wants to become part of There will be a vote on that. Some- cessive. I think they were dangerous. I the European Union. We will probably one will offer an amendment saying think they did not take into account cause every moderate and modernizing this is a loan, not a grant. That is the exigencies which we are facing. I voice in the Middle East to shut down. going to be very appealing to every- said so at the time. And I think they That is a big problem well beyond ter- body listening to this little talk of massively contribute to the deficit. A ror. mine. All my folks back home are say- lot of us disagree. Half a dozen of my If tonight the Lord Almighty came ing: Joe, why would you not be for Democratic friends voted for it and down and sat in this chair and said: I that? That is just fair. They have all most of my Republican friends voted guarantee all of you Senators there this money, all this oil. They should for it. I am not in any way impugning will not be a single additional terrorist pay for the reconstruction. They their vote with what I am about to try attack anywhere against American or should pay for us liberating them. to do. American interests in the world for the Well, if they could, they should, but Further, the fact I was against the next 10 years, does anybody think we the fact of the matter is Iraq already amendment—this is not a back-door still do not have a multibillion dollar owes in hard debt and reparations well way to try to rescind the tax cut. My problem in Iraq? Does anybody think over $100 billion to the international colleagues at this point will have to we still do not have a multithousand community, debts accumulated under take that on faith, and hopefully, as I troop problem in Iraq? Saddam Hussein. People lent them debate my amendment, you will under- This is a country that has never been money. There were claims against stand what I am trying to do. Some governed as a participatory republic, their assets by those who were hurt by will say the Biden, Kerry, Chafee, et ever. This is a country that is not a the invasion into Kuwait. There are in- cetera, amendment is designed to re- country. This is not the old Babylon. demnification claims against them, al- scind the President’s tax cut. That is This is not the Babylonian Empire. most $200 billion, we are told. not what this is about. This is a polyglot of elements of the Everybody is big these days on using I was listening to the President and, Middle East that were put together by historical analogies, historical exam- I might add, the President, I think, the colonial powers, Mr. Churchill, ples, and as hopefully a relatively in- were he to be asked—and there is no after World War I. It has never been a formed student of history, I will use a reason why he would be—and the ad- country. comparison. We can either choose the ministration, including Dr. Rice and Look how long it took to rebuild Ger- World War I model of reconstruction or the Secretary of State, will tell you many, a unified, ethnically coherent the World War II model. In World War the last 6 months I have been saying to country—as a matter of fact, too eth- I, the world defeated Germany and con- the President: Tell the American peo- nically coherent in a sense. cluded at Versailles that the whole war

VerDate jul 14 2003 01:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.102 S01PT1 S12262 CONGRESSIONAL RECORD — SENATE October 1, 2003 was Germany’s fault and Germany the song. This is not a good idea. This that category over a 5-year period. should pay for its own reconstruction is the siren song. It sounds great. There is not a serious economist in the and Germany should pay reparations to I am going to have trouble explaining world who would say to you it would France, England, and others for the at home why I would not vote to have have any impact on recovery—none. damage they did. Iraq pay their way. The reason I won’t Do you know the interesting part So the new government came along is it will cost the American taxpayers about it? Wealthy people are prepared and we said, have at it, establish a de- more, because no one else will get in to do this. They know it is the right mocracy, rebuild your economy but, by the game if we do it and we will have thing to do. They know it is the right the way, pay this overwhelming debt to do it all. thing to do. What frustrates me about first. The last way we can do this is we can some in your party and my party is, What happened? We ended up with pay for it. The President himself used some in your party think only the Germany collapsing, the economy col- these words in the State of the Union. wealthiest in the Nation have any lapsing, people using wheelbarrows full He said: brains, and some in my party think ev- of deutsche marks to buy bread, and This country has many challenges. We will erything is class warfare. Hitler, the demagog, racist, no good not deny, we will not ignore, we will not pass The truth is, wealthy Americans are son of a gun, playing on the angers, along our problems to other Congresses, as patriotic as the poorest American, fears, and frustrations of the Germans, other Presidents, or other generations. as patriotic as middle class Americans. and we had World War II. This is a sentiment that is a prin- They have not been asked to do any- We can use the World War II model. ciple we can all support with regard to thing yet. And to ask them to pay, give The World War II model, to vastly Iraq. I would like to hold the President up 1 year of the 10 years of their tax oversimplify it—thank God your moth- to his commitment. Mr. President, do cut, about which I will go into details er and father and my mother and fa- not pass on to my children and grand- tomorrow—for someone making ther were a lot smarter than their children the cost of this war. Let us $360,000 a year would be something mothers and fathers—they came along pay for it. like, what is it, $1,400 per year for 5 and said, the leadership of Republicans How do you pay for it? The amend- years. That is a sacrifice? like Vandenberg and Democrats like ment I have sent to the desk would Some have said to me on the shows I Truman, the World War I model did not take a small share, less than 5 percent have been on—the television shows— work. If we try to set up a new govern- of the $1.8 trillion tax cut we enacted Why don’t you do it for all Americans? ment in Germany, and in other parts of in the last 3 years, to cover the $87 bil- The truth is, middle-class Americans Europe, and we say to them, first of lion emergency supplemental for Iraq. need a tax break. Second, I am not tak- all, you Germans caused 400,000 Ameri- That would put the burden of paying ing away the tax break. Instead of get- cans to die and over a million to be for our mission in Iraq on Americans ting 100 times what the middle-class wounded and the debt, all of which is today, not our grandchildren, which, American gets, you are only going to accurate, and you have to pay us off for despite the fine words I just quoted, is the war first, does anybody believe we get 60 times. exactly what the President is doing. Do you know what. I have not found would have a democratic republic in This $87 billion request will be added a single wealthy American—I challenge Germany now? to the mountains of debt we have al- What did we do? We did the exact op- anyone who is making in that .7 per- ready piled up. From a projected 10- posite. After over a year of debate, we cent, making over $360,000, to write me year surplus of $5.6 trillion when the did the exact opposite. A guy named a letter—this is on C–SPAN—telling President came to office, this adminis- Marshall made a speech at the univer- me you don’t think it is fair for you to tration has, by a kind of reverse al- sity—he was a Secretary of State and give up 1 year of your tax cut out of 10, chemy, turned gold into lead. We face a former general—and we had the Mar- spread over 5 years. $480 billion deficit this year alone, and shall Plan. Some little bit of that was I think the President vastly mis- that is not counting the $164 billion we loans, but the vast majority was calculates the character of the Amer- grants, to give this fledgling new de- will borrow from Social Security. ican people and the character of the mocracy, with the Adenauers of the There is no one in this Chamber who is wealthiest people among us. world, the opportunity to grow, be- a better expert on Social Security than So tomorrow, when we actually bring cause there has never been a place the Presiding Officer, so she knows the this up for debate, I will have much where democracy has been able to take real deficit is actually $644 billion. more detail to say. I promised you I root without economic growth. It has So what do I do? I believe the fair, would not keep you long. But I be- never happened. equitable way to deal with paying for lieve—and I sincerely believe this—this So we did the opposite. We rebuilt this is to say to the wealthiest Ameri- is the right thing to do. The wealthiest Germany. Guess who benefited the cans, the top .7 percent, instead of you people I am talking about I believe most. The United States. It started the getting a total tax cut of $690 billion think it is the right thing to do. I hope greatest economic expansion in the his- over the term of this tax cut, you are we have the courage to do it. tory of the United States of America. only going to get $600 billion. I yield the floor. I suggest the ab- There is a third model—a fourth I tried this out on wealthy Ameri- sence of a quorum. model we can use. That is instead of in- cans, and wealthy Delawareans. Can The PRESIDING OFFICER. The demnifying them, how do we go out you imagine if the President of the clerk will call the roll. and say to the rest of the world, look, United States, when he announced this The legislative clerk proceeded to here is the deal? The deal is we want $87 billion supplemental, said: And be- call the roll. you, the rest of the world, to come up cause of this, I am going to ask the Mr. VOINOVICH. Mr. President, I ask with $50 or $60 billion over the next wealthiest 1 percent of you—which unanimous consent that the order for couple years. We want you to send means you have to be making at least the quorum call be rescinded. 50,000 or 60,000 of your troops, which $360,000 to get into that category of in- The PRESIDING OFFICER (Mr. AL- will cost other billions of dollars, to be come. The average person in that cat- EXANDER). Without objection, it is so in Iraq. We want you to forgive the egory makes $1 million per year—I am ordered. debt the old Iraqi Government owes asking you to forgo 1 year of your tax Mr. VOINOVICH. Mr. President, just you, and, by the way, our $20 billion we cut; not the whole tax cut, just 1 year over 2 years ago, our lives were forever are putting in, we are going to indem- of the 10 years of the tax cut you are changed when terrorists attacked the nify against Iraqi oil, but not you. getting. World Trade Center and the Pentagon, That is what they call in some parts The reason this will have no impact claiming the lives of nearly 3,000 Amer- of my State being a penny wise and a on economic recovery, for those who icans and declaring war on freedom and pound foolish. We may indemnify our say the tax cut is causing economic re- democracy everywhere. $20 billion but we are sure not going to covery, the way it works is, this will be In the aftermath of the tragic events get anyone else to put in any money. paid from the year 2005 to 2010. It in- of September 11, it became very clear So this a very appealing bad idea. structs the Commissioner of Internal that we would be engaged in a war This is the ‘‘painted, tainted rose’’ of Revenue to find this $87 billion from against terrorism that would span

VerDate jul 14 2003 04:02 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.109 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12263 years rather than months and require This is as much about us, and our The funding is urgently needed, both the full attention of the United States war against terrorism, and the security for military operations and reconstruc- and our allies. of the American people, as it is about tion. The portion to sustain military On September 12, 2001, I spoke on the Iraq. I repeat: This is as much about operations will support the nearly Senate floor regarding the challenge us, our war against terrorism and the 130,000 American soldiers on the before America. I said: security of the American people, as it ground, and it goes hand and glove Our determination to winning the war on is about Iraq. with the $20.3 billion requested for re- terrorism must have the same high priority We now have a chance of a lifetime to construction in Iraq. It is imperative that we gave to winning World War II, and create a new paradigm of democracy in that we act now to restore essential we must engage our allies in this war. We the Middle East and to do for this part services, build infrastructure, and im- should make the same preparations that we of the world what we did for Germany prove life for the Iraqi people. made for D-day and the world’s entry into and Japan in the aftermath of World As Ambassador Bremer remarked the Persian Gulf war. War II. Today, 58 years after the Sec- last week: I also said: ond World War, Japan is a strong ally Early progress on restoring basic infra- Our actions must be ongoing and relent- in Asia, and Germany is no longer a structure gives us an edge against the terror- less, and be dedicated to excising the cancer threat but instead our partner in NATO ists. of terrorism wherever it raises its ugly head. and partners with its neighbors in the Ambassador Bremer also said if we Our efforts cannot be another catharsis after European Union. fail to act soon, ‘‘the consequences for a national tragedy, and they must not fade We spent billions of dollars during away with time and business as usual. We American troops and American inter- owe it to yesterday’s victims and their fami- the Cold War in anticipation that one ests will be severe.’’ lies, especially their children and grand- day our brothers and sisters behind the What I am saying is that the $20.3 children, most of all we owe it to the Amer- Iron Curtain and the Berlin Wall would billion they are asking for infrastruc- ican people and the world community, to enjoy the freedom we have now en- ture is just as important to the safety bring an end to terrorism everywhere and joyed. Now the Wall is down, the Cur- of our men and women in harm’s way forever. tain is torn, and we see democracy as the $69 billion that has been called Exactly one year ago this week, I growing in that part of the world. for in the rest of the request. spoke in the Senate as we considered a Many of us believed it would never hap- This investment will also support our resolution authorizing the President to pen. troops. The sooner Iraq is up and run- use military force to disarm Saddam Today we find ourselves with another ning on its own, the sooner our troops Hussein and liberate the Iraqi people historic opportunity to promote a new will be able to come home. United should our diplomatic efforts fail. At era of peace, stability, and democracy States-led coalition forces on the that time, I said: in Iraq and the Middle East. As Ken ground continue to encounter on a Saddam Hussein poses a clear threat to Pollack writes in his book ‘‘The daily basis those who seek to under- peace in the world, to America and our inter- Threatening Storm″: mine our efforts to ensure a free and ests, to regional stability and to his own peo- This is our one opportunity to create a sta- democratic future for Iraq. We saw this ple. ble, prosperous, self-sufficient Arab state last weekend when facilities used by that could serve as a model for the region. That is why I voted in favor of a reso- U.N. officials and other members of the lution expressing the conviction of This is our one opportunity to turn Iraq from a malignant growth helping to poison the international community came under Congress that the United States should Middle East into an engine for change for the attack. There are those who would like exhaust all diplomatic options first, entire region, and we must not let it slip to see us fail, and they are working to but if Iraq resisted diplomatic solu- away from us. undermine our efforts with the expec- tions the President would be author- I could not agree more. We have a tation that our resolve is weak and ized to use all necessary means to en- chance to cultivate an important that with enough violence we will force U.N. Security Council resolutions friendship in the Middle East. By help- leave. That is why we must act now. in Iraq. ing Iraq, we send an important message This is a considerable sum of money, Though we all hoped and prayed the not only to those who seek to under- and Congress has an obligation to care- growing crisis would not have to be mine stability in Iraq but to the entire fully consider this spending request in settled with military action, Iraq’s 12- world. By extending support to help the broader context of other domestic year defiance of the world community stabilize and strengthen a new demo- needs. I understand while Iraq is in ultimately left no other action. Joined cratic Iraq, our actions will dem- need of funding for security and infra- by members of the international com- onstrate more than any rhetoric could structure projects, we also have urgent munity, a United States-led coalition that we are genuinely interested in spending needs here at home. Congress engaged in a campaign against the supporting humane reconstruction in and the administration should address Iraqi dictator, and as I stand before Iraq as we did following World War II. these priorities for the State of Ohio, you 12 months later, the reign of terror It will show that we will take the nec- my State, and cities and towns across of Saddam Hussein is no more. People essary steps and devote the resources America and make a renewed commit- in Iraq and people in the world can required to secure a bright future for ment to invest in our Nation’s critical breathe easier now that Iraq is rid of a Iraq, especially for the young people, infrastructure, including our highways, tyrant who used weapons of mass de- and stabilize that part of the world. bridges, drinking water, wastewater struction to kill thousands of his own Today we begin discussion of the treatment facilities, and other water people, an enemy of humanity who President’s critical request for an addi- resources. shunned democracy and balked at the tional $87 billion to support ongoing As a member of the Senate, I believe rule of law. Saddam Hussein was a dan- military operations and reconstruction Congress should work to move critical gerous threat to his own people, his re- efforts in Iraq and Afghanistan. In tes- infrastructure bills such as reauthor- gional neighbors, and the international timony before both Houses of Congress ization of the surface transportation community. last week, the head of the coalition program, water infrastructure funding In an effort to perpetuate the fear on provisional authority, Ambassador legislation, the Water Resources Devel- which his power was based, he used his Bremer, outlined the resources that opment Act. own people as test subjects for the de- will be required to enhance security I have also urged the administration velopment of weapons of mass destruc- and restore essential services in Iraq, to create an emergency jobs bill much tion. He depended on torture chambers which total of $20.3 billion. Secretary like the emergency jobs bill that Presi- as a method of coercion. Operation of Defense Donald Rumsfeld also testi- dent Reagan created in 1983 while I was Iraqi Freedom has annihilated this vile fied regarding the funding that is re- mayor of the city of Cleveland and lob- oppression. This is significant not only quired to support ongoing military op- bying the Reagan administration to for the well-being of the Iraqi people, erations in Iraq and Afghanistan and help my city, county, and State. but it is also crucial for our national other parts of the world, which totals But while action on these items is security and the future of our children roughly $66 billion, nearly two-thirds important, it should not keep us from and grandchildren. of the total request. doing what we need to do to finish the

VerDate jul 14 2003 04:02 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.122 S01PT1 S12264 CONGRESSIONAL RECORD — SENATE October 1, 2003 job in Iraq. We must address the spend- support from other countries, both in later this month. If we make U.S. funds ing request before us today as a sepa- terms of military forces and financial for infrastructure projects contingent rate issue. They are disconnected. resources to help build Iraq. upon a loan, I do not think they are From the very beginning, it has been In order to achieve our goals in Iraq going to be willing to come to the table my belief that it will take a consider- and take care of important needs here and support money for Iraq. able amount of time, manpower, and at home, it is essential we do all we Third, Iraq’s debt is already moun- money to do what must be done to can to make our efforts in Iraq a tainous, totaling nearly $200 billion in truly secure a better future for the shared responsibility, calling on other debts and reparations. As Ambassador Iraqi people. countries and international organiza- Bremer has pointed out, Iraq can hard- Again, I just want to mention, the tions to invest in a free and democratic ly service its existing debt, let alone money we spent in Japan, the money future for Iraq. Our human and finan- take on more. As a matter of fact, as we spent in Germany after World War cial resources will stretch further when one member of the Iraqi Governing II, and the money that we spent during they are supplemented by funds from Council has said, in his opinion, those the Cold War—we spent billions of dol- our friends and allies abroad. loans are morally repugnant to the lars. These were grants; these were not This was evident during the Persian Iraqi people because they were made to loans. We did it because we thought it Gulf War in 1991, when other countries a dictator who killed thousands of was important to our national secu- made significant contributions to the their brothers and sisters and who rity. And we did it because we thought war and the reconstruction effort. It made them live under a 35-year reign of it was important for world peace. has been estimated the Gulf War cost terror. Our military campaign to topple the between $60 and $80 billion. Members of I would suggest to those who have Iraqi regime was accomplished swiftly the international community contrib- made loans to the former regime in and successfully. However, much of our uted approximately $70 billion to aid in Iraq that they step up quickly and work, as I said, has just begun, and it the gulf war. The largest donations waive those loans because I believe it is not going to be done overnight, nor came from Saudi Arabia, Kuwait, would be the smartest thing for them is it best done alone. Japan, Germany, and a smaller one to do in terms of reaching out rather In February, prior to the onset of from the United Arab Emirates. than waiting until later on to have a military action to disarm Saddam Hus- In all, approximately 40 countries new Iraq government say to them: You sein, I raised this point as a member of contributed either financial or mili- know what, folks, we are not going to the Foreign Relations Committee with tary resources. In addition to the coun- honor those loans you made to Saddam Under Secretary of State Marc Gross- tries I have just listed, another 35 Hussein. man and Under Secretary of Defense countries together contributed an addi- Fourth, as we encourage other coun- Doug Feith when they testified before tional $10 billion to the effort. We need tries to eliminate their debt, we should our committee. I said then, and I be- a similar commitment right now. not saddle Iraq with any more loans. lieve now, if we are going to be success- Like many of my colleagues, I Countries that chose to do business ful in our efforts in Iraq, it will require strongly believe we should provide the with Saddam should, as I said, elimi- not only the long-term commitment of resources necessary to restore essential nate that debt as a way to share in the the United States but our partners in services in Iraq. The funding for recon- task of rebuilding a democratic Iraq. the United Nations and other members struction requested by the President In the past, the United States has of the international community. and reflected in this spending bill is an also engaged in efforts to help ease the At that time, I underscored the im- important part of the process. How- debt burden incurred by rogue regimes. portance of building the broadest inter- ever, Ambassador Bremer has indicated This was the case in the former Yugo- national coalition possible, and I urged it will take considerably more than $20 slavia, as the U.S. Government worked the administration to lay the ground- billion, perhaps as much as $70 billion, with the Paris Club to reduce the work with the American people regard- to meet Iraq’s infrastructure needs in amount of debt the Federal Republic of ing the number of troops that would be the years ahead. Therefore, I believe it Yugoslavia, now Serbia and Monte- required to win the peace in the after- is particularly important to step up negro, owed to its creditors after math of a military campaign, how long our efforts to secure contributions Slobodan Milosevic was removed from they might be needed, and what this from our friends and allies and build power. We did everything we could to would cost the U.S. taxpayers. the economy of Iraq as soon as possible work with the World Bank, and with The answers to these questions are so they can use their resources to re- the IMF and the Paris Club, and we becoming even more critical as we find build their own country. said: Get the debt off the back of Yugo- ourselves assessing the resources that As we look to increase contributions slavia—Serbia and Montenegro—be- will be required now to finish the job in from the international community, I cause we want them to get back on Iraq. Our men and women in uniform think this funding must be in the form their feet, and this debt is killing are serving their country proudly, but of a grant and not a loan. While I ini- them. This was an important and nec- they are spending increasing amounts tially thought this should be a loan, essary step as the country attempted of time away from their families. We after carefully considering the situa- to move forward with democratic re- must do everything we can to give tion and listening to the points raised forms after years of authoritative rule. them the tools they need to do what we by Ambassador Bremer and our col- Finally, providing assistance to Iraq have asked them to do, and then bring leagues, I have concluded this funding at this time in the form of a grant is them home as quickly as possible. must be in the form of a grant. It is im- the right thing to do. We must con- One of the ways we can do that is to portant for several reasons. tribute all necessary resources to fin- improve the Iraqi civil defense oper- No. 1, if we tell the American people ish the job that has been started, while ations themselves. We have some 55,000 we are going to loan this money and working together with our friends and people in place, and we are trying to that it is going to be paid back some- allies. train another 20,000, I think, as Paul where down the road, many of them I submit to the desk an amendment Wolfowitz said to us. They are now will be very cynical about whether or that would encourage the administra- taking over the border patrol and other not we will get the money back. I tion to step up efforts to gain support civil and security functions in Iraq. We think we ought to level with them and from the international community, need to move on that. Part of the fund- say, this initial grant is a grant. call on other countries to eliminate ing included in the $20.3 billion is to be Second, it should be a grant in an ef- debt that was incurred during Saddam used for that purpose. fort to encourage other countries to Hussein’s regime, and examine the fea- I am pleased President Bush ad- make financial commitments for the sibility of repayment of funds spent on dressed the United Nations General As- reconstruction of Iraq. How can we ask infrastructure projects. I submit the sembly last week, and it is my sincere them to come forward with money if amendment and will call it up later. hope Secretary of State Colin Powell we say that we are going to loan that The PRESIDING OFFICER. The will be successful in securing a U.N. $20.3 billion to Iraq? We will be going amendment is submitted. resolution that will allow for enhanced to the Donors’ Conference in Madrid Mr. VOINOVICH. I thank the Chair.

VerDate jul 14 2003 02:39 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.124 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12265 Specifically, this amendment would Mr. SPECTER. Mr. President, I spoke participation, International Monetary require the President to report to Con- yesterday on the floor and also in the Fund participation, World Bank par- gress within 4 months on the following Appropriations Committee in support ticipation, and auditing which is to be items: of having the $20 billion which the ad- done by many countries, including First, the amendment calls for an as- ministration has asked for the recon- Arab countries, so that the fund, in and sessment of U.S. efforts to enhance fi- struction of Iraq to be in the form of of itself, it seems to me, as a legal nancial contributions from other coun- loans or loan guarantees instead of proposition, has sufficient status as an tries and international organizations grants. I have made that suggestion in entity to be a contracting party. So to assist in the reconstruction of Iraq, an effort to be helpful to the adminis- that when the revenues are realized including a list of those countries con- tration. from Iraqi oil, or they go into the fund, tributing and the amount of their con- I analogize the situation in Iraq to a the United States may deal with the tribution. As we move forward with our company, an enterprise, an entity in fund, with the other parties present— efforts, additional support from other bankruptcy. Iraq is supposed to have as I say, the World Bank, International countries and organizations would be some $200 billion in obligations. By Monetary Fund, the U.N., and auditing extremely helpful. analogy to a bankruptcy proceeding, countries—having some status with the Second, the amendment requires an those obligations are to be discharged. fund to give extra assurances of fair- assessment of the impact that debt in- General creditors come last in line and, ness that the contract is really in the curred by the regime of Saddam Hus- in the absence of any assets, they re- interest of the Iraqi people. sein has on the country’s ability to ceive nothing. Mr. President, I ask unanimous con- move forward with efforts to rebuild The situation for the United States sent that the text of U.N. Resolution infrastructure and restore essential in advancing funds for the reconstruc- 1483 be printed in the CONGRESSIONAL services such as health care and edu- tion of Iraq, it seems to me, ought to RECORD following my statement. cation. It also calls for an analysis of be in loans or loan guarantees because The PRESIDING OFFICER. Without the impact that forgiveness of such Iraq has substantial potential for its objection, it is so ordered. debt would have on Iraq’s ability to oil revenues, sitting on the second larg- (See exhibit 1.) move forward with reform, and it est pool of oil in the world. I reject the Mr. SPECTER. Mr. President, I have would require a detailed list of coun- contention that this would discourage further extracted an analysis of this tries that have eliminated their debt other donor nations from helping Iraq. U.N. resolution, which is hard to follow and the amounts. It seems to me if the United States is if you just pick up the resolution and Finally, my amendment calls for an to come in and make a gift, a grant, read it. The analysis establishes the assessment of the feasibility of Iraq’s that just encourages other nations to approach I have just summarized. One ability to repay the United States for a say: Well, let’s let the United States do clause, which is denominated Roman portion of American funds spent on in- it. numeral I—first, I ask unanimous con- frastructure projects in Iraq. Although If we at least refrain from taking a sent that this addendum be printed in I think we must now provide funds in position until the donors conference on the RECORD following my statement. the form of a grant, we should look at October 23 in Madrid, then we might The PRESIDING OFFICER. Without the possibility of any further help in use our situation to leverage funds objection, it is so ordered. terms of possible repayment. from other countries. (See exhibit 2.) I urge my colleagues to join me in The argument has also been advanced Mr. SPECTER. Roman numeral I is support of this amendment which un- that if we make a loan or a loan guar- the clause which recognizes the United derscores the importance of working antee, it will confirm to the Arab na- States and the United Kingdom as the together with our friends and allies tions the contention that we are just authority. abroad to promote security and im- there for Iraq oil. But that is a spe- Roman numeral II establishes the prove the quality of life for the Iraqi cious contention because we are not Development Fund for Iraq, including people. While I believe we should en- taking the money for ourselves or our establishing the International Advi- courage support from foreign countries military operations but using it only sory and Monitoring Board to audit in and international organizations as we for the rebuilding of Iraq which is for the Development Fund. move forward in Iraq, I support the the benefit of the people of Iraq. Roman numeral III from the U.N. funding requested by the President, Since I made the statements yester- resolution gives the authority and both the military portion and the funds day, a very able staff member, my gen- power to disburse the funds in the De- for reconstruction in Iraq and Afghani- eral counsel David Brog, has re- velopment Fund for Iraq. stan. Roman numeral IV establishes that We have a golden opportunity to searched the subject and has found a guarantee a new era of freedom and de- Security Council resolution which is the Development Fund for Iraq must be mocracy for the people in Iraq. It is very relevant to this proposition, a res- used, among other things, for the eco- one we cannot afford to miss. This is olution which was enacted on May 21 of nomic reconstruction and repair of an investment in a better future for this year. The resolution is No. 1483, Iraq’s infrastructure. Iraq, the Middle East, and the world at and it provides that there is to be a Roman numeral V mandates that 95 large. It is an investment for our chil- fund created. And the fund, under the percent of the proceeds received from dren and our grandchildren. I believe it control of the United States and the export sales of petroleum, petroleum is the right thing to do. I hope this United Kingdom, may be used to pay products, and natural gas must be de- body has the courage to rise to the oc- for the rebuilding of Iraq. So that when posited into the Development Fund for casion and take advantage of this won- we are searching for multilateralism Iraq until an Iraqi government is prop- derful opportunity that could ensure and when we are searching for United erly constituted. The other 5 percent is that our children and grandchildren Nations approval, not just what the to be deposited into the Compensation are going to live in a peaceful world United States might want to do or the Fund, which was set up, per U.N. Reso- and not be threatened by terrorism, United States and Great Britain might lution 687 in 1991, to compensate those the cancer that has newly appeared on want to do, this U.N. Resolution 1483 who suffered losses or damages as a re- the face of the world. provides that authority. sult of Iraq’s invasion and occupation I suggest the absence of a quorum. It also is of substantial assistance in of Kuwait. The PRESIDING OFFICER. The answering a legal question which I had In effect, this Security Council reso- clerk will call the roll. raised yesterday, which posed some dif- lution anticipates the precise issue The assistant legislative clerk pro- ficulty, and that is: To whom would which the Congress is now facing. It is ceeded to call the roll. the United States loan the money? necessary to have these funds for the Mr. SPECTER. Mr. President, I ask Who would be the contract party when rebuilding of Iraq, but there is no good unanimous consent that the order for there is no government in Iraq at the reason it ought to be a grant or a gift. the quorum call be rescinded. present time? When Iraq has the resources—the oil— The PRESIDING OFFICER. Without The U.N. resolution which estab- to pay for the reconstruction of Iraq objection, it is so ordered. lishes this fund has a reference to U.N. and to take care of the rebuilding of

VerDate jul 14 2003 02:39 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.126 S01PT1 S12266 CONGRESSIONAL RECORD — SENATE October 1, 2003 Iraq; and with the authority of the II. THE FOLLOWING CLAUSE ESTABLISHES THE Reaffirming also the importance of the dis- U.N. it eliminates any concern about DEVELOPMENT FUND FOR IRAQ, INCLUDING ES- armament of Iraqi weapons of mass destruc- the United States acting unilaterally TABLISHING THE INTERNATIONAL ADVISORY tion and of eventual confirmation of the dis- or in conjunction with the United AND MONITORING BOARD TO AUDIT THE DE- armament of Iraq, VELOPMENT FUND. (UN RESOLUTION 1484, PG. 4, Stressing the right of the Iraqi people free- Kingdom—acting with the two coun- T 12) ly to determine their own political future tries unilaterally—because this has 12. Notes the establishment of a Develop- and control their own natural resources, wel- been sanctioned by the United Nations. ment Fund for Iraq to be held by the Central coming the commitment of all parties con- Creating this fund, there is an entity Bank of Iraq and to be audited by inde- cerned to support the creation of an environ- to look to, to provide the repayment, pendent public accountants approved by the ment in which they may do so as soon as pos- as the U.N. resolution calls for 95 per- International Advisory and Monitoring sible, and expressing resolve that the day cent of the fund to be used for the re- Board of the Development Fund for Iraq and when Iraqis govern themselves must come looks forward to the early meeting of that quickly, building of Iraq. Encouraging efforts by the people of Iraq International Advisory and Monitoring to form a representative government based There is significant concern in the Board, whose members shall include duly on the rule of law that affords equal rights Congress—I have heard it among my qualified representatives of the Secretary- and justice to all Iraqi citizens without re- colleagues—as to how these funds are General, of the Managing Director of the gard to ethnicity, religion, or gender, and, in International Monetary Fund, of the Direc- to be advanced. The administration has this connection, recalls resolution 1325 (2000) tor-General of the Arab Fund for Social and taken the position that they want of 31 October 2000, Economic Development, and of the President grants or gifts. From my soundings in Welcoming the first steps of the Iraqi peo- of the World Bank; Pennsylvania and from what I hear ple in this regard, and noting in this connec- from my colleagues in other States, III. THE FOLLOWING CLAUSE GIVES THE ‘‘AU- tion the 15 April 2003 Nasiriyah statement THORITY’’ THE POWER TO DISBURSE THE the American people are very con- and the 28 April 2003 Baghdad statement, FUNDS IN THE DEVELOPMENT FUND FOR IRAQ. Resolved that the United Nations should cerned about what is going on in Iraq (UN RESOLUTION 1484, PG. 4, T 13) play a vital role in humanitarian relief, the generally, they are very concerned 13. Notes further that the funds in the De- reconstruction of Iraq, and the restoration about the casualties and fatalities. velopment Fund for Iraq shall be disbursed and establishment of national and local in- We honor and respect and praise the at the direction of the Authority, in con- stitutions for representative governance, sultation with the Iraqi interim administra- Noting the statement of 12 April 2003 by Armed Forces for the military victory the Ministers of Finance and Central Bank which has been achieved. We are con- tion, for the purposes set out in paragraph 14 below; Governors of the Group of Seven Industri- cerned about our military personnel alized Nations in which the members recog- IV. THE FOLLOWING CLAUSE ESTABLISHES THAT there not really being police officials, nized the need for a multilateral effort to THE DEVELOPMENT FUND FOR IRAQ MUST BE help rebuild and develop Iraq and for the hopeful that there will be U.N. assist- USED, AMONG OTHER THINGS, FOR THE ECO- need for assistance from the International ance on other forces being there, look- NOMIC RECONSTRUCTION AND REPAIR OF THE Monetary Fund and the World Bank in these ing for an Iraqi police force to be IRAQ’S INFRASTRUCTURE. (UN RESOLUTION efforts, trained. But when it comes to the issue 1484, PG. 4, T 14) Welcoming also the resumption of humani- of the advancement of funds, this Secu- 14. Underlines that the Development Fund tarian assistance and the continuing efforts rity Council resolution sets param- for Iraq shall be used in a transparent man- of the Secretary-General and the specialized eters, sets the procedures, which au- ner to meet the humanitarian needs of the agencies to provide food and medicine to the thorizes and authenticates the pro- Iraqi people, for the economic reconstruction people of Iraq, priety of having the loans made or loan and repair of Iraq’s infrastructure, for the Welcoming the appointment by the Sec- continued disarmament of Iraq, and for the guarantees so that the United States retary-General of his Special Adviser on costs of Iraqi civilian administration, and for Iraq, can be repaid. other purposes benefiting the people of Iraq; Affirming the need for accountability for I hear considerable concern among V. THE FOLLOWING CLAUSE MANDATES THAT 95% crimes and atrocities committed by the pre- my constituents, and I hear it from my OF THE PROCEEDS RECEIVED FROM EXPORT vious Iraqi regime, colleagues in the Senate, about the SALES OF PETROLEUM, PETROLEUM PROD- Stressing the need for respect for the UCTS, AND NATURAL GAS MUST BE DEPOSITED archaelogical, historical, cultural, and reli- tightness of our budget, the difficulties gious heritage of Iraq, and for the continued of providing important discretionary INTO THE DEVELOPMENT FUND FOR IRAQ UNTIL AN IRAQI GOVERNMENT IS PROPERLY protection of archaeological, historical, cul- funding. In September, I managed the CONSTITUTED. (THE OTHER 5% WILL BE DEPOS- tural, and religious sites, museums, librar- bill on Labor, Health and Human Serv- ITED INTO THE COMPENSATION FUND, WHICH ies, and monuments. ices, and Education. Notwithstanding WAS SET UP, PER UN RESOLUTION 687 (1991), TO Noting the letter of 8 May 2003 from the that $136.6 billion is really insufficient COMPENSATE THOSE WHO SUFFERED LOSSES Permanent Representatives of the United States of America and the United Kingdom funds to take care of all of our edu- OR DAMAGES AS A RESULT OF IRAQ’S INVA- of Great Britain and Northern Ireland to the cational, health, and worker safety SION AND OCCUPATION OF KUWAIT). (UN RESO- LUTION 1484, PG. 6, T 20) President of the Security Council (S/2003/538) needs, I think it is appropriate and re- and recognizing the specific authorities, re- 20. Decides that all export sales of petro- assuring to the American people that sponsibilities, and obligations under applica- leum, petroleum products, and natural gas where we can avoid adding to the def- ble international law of these states as occu- from Iraq following the date of the adoption icit and to the national debt, we take pying powers under unified command (the of this resolution shall be made consistent steps to do just that. ‘‘Authority’’), with prevailing international market best Noting further that other States are not EXHIBIT 1 practices, to be audited by independent pub- occupying powers are working now or in the lic accountants reporting to the Inter- future may work under the Authority, Analysis of the UN Resolution 1484 as it national Advisory and Monitoring Board re- Welcoming further the willingness of Mem- pertains to the Development Fund for Iraq ferred to in paragraph 12 above in order to ber States to contribute to stability and se- ensure transparency, and decides further (adopted by the United Nations on May 21, curity in Iraq by contributing personnel, that, except as provided in paragraph 21 2003 by a vote of 14–0, with Syria not par- equipment, and other resources under the below, all proceeds from such sales shall be ticipating) Authority, deposited into the Development Fund for Concerned that many Kuwaitis and Third- I. THE FOLLOWING CLAUSE RECOGNIZES THE Iraq until such time as an internationally State Nationals still are not accounted for UNITED STATES AND THE UNITED KINGDOM AS recognized, representative government of since 2 August 1990, THE ‘‘AUTHORITY’’ (UN RESOLUTION 1484, PG. 2 Iraq is properly constituted; Determining that the situation in Iraq, al- T 3) EXHIBIT 2 though improved, continues to constitute a (From the United Nations Security Council, threat to international peace and security, Noting the letter of 8 May 2003 from the Acting under Chapter VII of the Charter of 21 May 2003.) Permanent Representatives of the United the United Nations, States of America and the United Kingdom SPAIN, UNITED KINGDOM OF GREAT BRITAIN AND 1. Appeals to Member States and concerned of Great Britain and Northern Ireland to the NORTHERN IRELAND AND UNITED STATES OF organizations to assist the people of Iraq in President of the Security Council (S/2003/538) AMERICA: DRAFT RESOLUTION their efforts to reform their institutions and and recognizing the specific authorities, re- The Security Council, rebuild their country, and to contribute to sponsibilities, and obligations under applica- Recalling all its previous relevant resolu- conditions of stability and security in Iraq in ble international law of these states as occu- tions, accordance with this resolution; pying powers under unified command (the Reaffirming the sovereignty and terri- 2. Calls upon all Member States in a posi- ‘‘Authority’’), torial integrity of Iraq, tion to do so to respond immediately to the

VerDate jul 14 2003 04:02 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.129 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12267 humanitarian appeals of the United Nations (d) facilitating the reconstruction of key Paris Club, to seek a solution to Iraq’s sov- and other international organizations for infrastructure, in cooperation with other ereign debt problems; Iraq and to help meet the humanitarian and international organizations; 16. Requests also that the Secretary-Gen- other needs of the Iraqi people by providing (e) promoting economic reconstruction and eral, in coordination with the Authority, food, medical supplies, and resources nec- the conditions for sustainable development, continue the exercise of his responsibilities essary for reconstruction and rehabilitation including through coordination with na- under Security Council resolution 1472 (2003) of Iraq’s economic infrastructure; tional and regional organizations, as appro- of 28 March 2003 and 1476 (2003) of 24 April 3. Appeals to Member States to deny safe priate, civil society, donors, and the inter- 2003, for a period of six months following the haven to those members of the previous Iraqi national financial institutions; adoption of this resolution, and terminate regime who are alleged to be responsible for (f) encouraging international efforts to within this time period, in the most cost ef- crimes and atrocities and to support actions contribute to basic civilian administration fective manner, the ongoing operations of to bring them to justice; functions; the ‘‘Oil-for-Food’’ Programme (the ‘‘Pro- 4. Calls upon the Authority, consistent (g) promoting the protection of human gramme’’), both at headquarters level and in with the Charter of the United Nations and rights; the field, transferring responsibility for the other relevant international law, to promote (h) encouraging international efforts to re- administration of any remaining activity the welfare of the Iraqi people through the build the capacity of the Iraqi civilian police under the Programme to the Authority, in- effective administration of the territory, in- force; and cluding by taking the following necessary cluding in particular working towards the (i) encouraging international efforts to measures: restoration of conditions of security and sta- promote legal and judicial reform; (a) to facilitate as soon as possible the bility and the creation of conditions in 9. Supports the formation, by the people of shipment and authenticated delivery of pri- which the Iraqi people can freely determine Iraq with the help of the Authority and ority civilian goods as identified by the Sec- their own political future; working with the Special Representative, of retary-General and representatives des- 5. Calls upon all concerned to comply fully an Iraqi interim administration as a transi- ignated by him, in coordination with the Au- with their obligations under international tional administration run by Iraqis, until an thority and the Iraqi interim administra- law including in particular the Geneva Con- internationally recognized, representative tion, under approved and funded contracts ventions of 1949 and the Hague Regulations government is established by the people of previously concluded by the previous Gov- of 1907; Iraq and assumes the responsibilities of the ernment of Iraq, for the humanitarian relief 6. Calls upon the Authority and relevant Authority; of the people of Iraq, including, as necessary, organizations and individuals to continue ef- 10. Decides that, with the exception of pro- negotiating adjustments in the terms or con- forts to locate, identify, and repatriate all hibitions related to the sale or supply to Iraq ditions of these contracts and respective let- Kuwaiti and Third-State Nationals or the re- of arms and related materiel other than ters of credit as set forth in paragraph 4(d) of mains of those present in Iraq on or after 2 those arms and related materiel required by resolution 1472 (2003); August 1990, as well as the Kuwaiti archives, the Authority to serve the purposes of this (b) to review, in light of changed cir- that the previous Iraqi regime failed to un- and other related resolutions, all prohibi- cumstances, in coordination with the Au- dertake, and, in this regard, directs the tions related to trade with Iraq and the pro- thority and the Iraqi interim administra- High-Level Coordinator, in consultation with vision of financial or economic resources to tion, the relative utility of each approved the International Committee of the Red Iraq established by resolution 661 (1990) and and funded contract with a view to deter- Cross and the Tripartite Commission and subsequent relevant resolutions, including mining whether such contracts contain with the appropriate support of the people of resolution 778 (1992) of 2 October 1992, shall items required to meet the needs of the peo- Iraq and in coordination with the Authority, no longer apply; ple of Iraq both now and during reconstruc- to take steps to fulfil his mandate with re- 11. Reaffirms that Iraq must meet its dis- tion, and to postpone action on those con- spect to the fate of Kuwaiti and Third-State armament obligations, encourages the tracts determined to be of questionable util- National missing persons and property; United Kingdom of Great Britain and North- ity and the respective letters of credit until 7. Decides that all Member States shall ern Ireland and the United States of America an internationally recognized, representa- take appropriate steps to facilitate the safe to keep the Council informed of their activi- tive government of Iraq is in a position to return to Iraqi institutions of Iraqi cultural ties in this regard, and underlines the inten- make its own determination as to whether property and other items of archaeological, tion of the Council to revisit the mandates of such contracts shall be fulfilled; historical, cultural, rare scientific, and reli- the United Nations Monitoring, Verification, (c) to provide the Security Council within gious importance illegally removed from the and Inspection Commission and the Inter- 21 days following the adoption of this resolu- Iraq National Museum, the National Library, national Atomic Energy Agency as set forth tion, for the Security Council’s review and and other locations in Iraq since the adop- in resolutions 687 (1991) of 3 April 1991, 1284 consideration, an estimated operating budg- tion of resolution 661 (1990) of 6 August 1990, (1999) of 17 December 1999, and 1441 (2002) of 8 et based on funds already set aside in the ac- including by establishing a prohibition on November 2002; count established pursuant to paragraph 8(d) trade in or transfer of such items and items 12. Notes the establishment of a Develop- of resolution 986 (1995) of 14 April 1995, identi- with respect to which reasonable suspicion ment Fund for Iraq to be held by the Central fying: exists that they have been illegally removed, Bank of Iraq and to be audited by inde- (i) all known and projected costs to the and calls upon the United Nations Edu- pendent public accountants approved by the United Nations required to ensure the con- cational, Scientific, and Cultural Organiza- International Advisory and Monitoring tinued functioning of the activities associ- tion, Interpol, and other international orga- Board of the Development Fund for Iraq and ated with implementation of the present res- nizations, as appropriate, to assist in the im- looks forward to the early meeting of that olution, including operating and administra- plementation of this paragraph; International Advisory and Monitoring tive expenses associated with the relevant 8. Requests the Secretary-General to ap- Board, whose members shall include duly United Nations agencies and programmes re- point a Special Representative for Iraq qualified representatives of the Secretary- sponsible for the implementation of the Pro- whose independent responsibilities shall in- General, of the Managing Director of the gramme both at Headquarters and in the volve reporting regularly to the Council on International Monetary Fund, of the Direc- field; his activities under this resolution, coordi- tor-General of the Arab Fund for Social and (ii) all known and projected costs associ- nating activities of the United Nations in Economic Development, and of the President ated with termination of the Programme; post-conflict processes in Iraq, coordinating of the World Bank; (iii) all known and projected costs associ- among United Nations and international 13. Notes further that the funds in the De- ated with restoring Government of Iraq agencies engaged in humanitarian assistance velopment Fund for Iraq shall be disbursed funds that were provided by Member States and reconstruction activities in Iraq, and, in at the direction of the Authority, in con- to the Secretary-General as requested in coordination with the Authority, assisting sultation with the Iraqi interim administra- paragraph 1 of resolution 778 (1992); and the people of Iraq through: tion, for the purposes set out in paragraph 14 (iv) all known and projected costs associ- (a) coordinating humanitarian and recon- below; ated with the Special Representative and the struction assistance by United Nations agen- 14. Underlines that the Development Fund qualified representative of the Secretary- cies and between United Nations agencies for Iraq shall be used in a transparent man- General identified to serve on the Inter- and non-governmental organizations; ner to meet the humanitarian needs of the national Advisory and Monitoring Board, for (b) promoting the safe, orderly, and vol- Iraqi people, for the economic reconstruction the six month time period defined above, fol- untary return of refugees and displaced per- and repair of Iraq’s infrastructure, for the lowing which these costs shall be borne by sons; continued disarmament of Iraq, and for the the United Nations; (c) working intensively with the Author- costs of Iraqi civilian administration, and for (d) to consolidate into a single fund the ac- ity, the people of Iraq, and others concerned other purposes benefiting the people of Iraq; counts established pursuant to paragraphs to advance efforts to restore and establish 15. Calls upon the international financial 8(a) and 8(b) of resolution 986 (1995); national and local institutions for represent- institutions to assist the people of Iraq in (e) to fulfill all remaining obligations re- ative governance, including by working to- the reconstruction and development of their lated to the termination of the Programme, gether to facilitate a process leading to an economy and to facilitate assistance by the including negotiating, in the most cost effec- internationally recognized, representative broader donor community, and welcomes the tive manner, any necessary settlement pay- government of Iraq; readiness of creditors, including those of the ments, which shall be made from the escrow

VerDate jul 14 2003 02:39 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.021 S01PT1 S12268 CONGRESSIONAL RECORD — SENATE October 1, 2003 accounts established pursuant to paragraphs resentative government of Iraq and the de- and there have been calls for special 8(a) and 8(b) of resolution 986 (1995), with sirability of prompt completion of the re- counsel to be appointed by the Attor- those parties that previously have entered structuring of Iraq’s debt as referred to in ney General. into contractual obligations with the Sec- paragraph 15 above, further decides that, The Attorney General has taken the retary-General under the Programme, and to until December 31, 2007, unless the Council determine, in coordination with the Author- decides otherwise, petroleum products, and position that the investigation can be ity and the Iraqi interim administration, the natural gas originating in Iraq shall be im- appropriately carried out by the profes- future status of contracts undertaken by the mune, until title passes to the initial pur- sionals in the Department of Justice United Nations and related United Nations chaser from legal proceedings against them and the professionals in the FBI. agencies under the accounts established pur- and not be subject to any form of attach- I think it is curious that the call for suant to paragraphs 8 (b) and 8 (d) of resolu- ment, garnishment, or execution, and that a special counsel has come only after tion 986 (1995); all States shall take any steps that may be the issue has become a cause celebre (f) to provide the Security Council, 30 days necessary under their respective domestic prior to the termination of the Programme, with the publication by the Wash- legal systems to assure this protection, and ington Post of the front page story on with a comprehensive strategy developed in that proceeds and obligations arising from close coordination with the Authority and sales thereof, as well as the Development Sunday. This investigation had been the Iraqi interim administration that would Fund for Iraq, shall enjoy privileges and im- pending for a protracted period of time. lead to the delivery of all relevant docu- munities equivalent to those enjoyed by the It came to light in a newspaper column mentation and the transfer of all operational United Nations except that the above-men- back in July. But until it had attained responsibility of the Programme to the Au- tioned privileges and immunities will not notoriety and attracted public atten- thority; apply with respect to any legal proceeding in 17. Requests further that the Secretary- tion, nobody came forward to make a which recourse to such proceeds or obliga- General transfer as soon as possible to the suggestion that there ought to be spe- tions is necessary to satisfy liability for Development Fund for Iraq 1 billion United cial counsel. damages assessed in connection with an eco- States dollars from unencumbered funds in The Congress of the United States de- logical accident, including an oil spill, that the accounts established pursuant to para- occurs after the date of adoption of this reso- cided to allow the independent counsel graphs 8 (a) and 8 (b) of resolution 986 (1995), lution; statute to lapse. We considered it in restore Government of Iraq funds that were 1999 in the Governmental Affairs Com- provided by Member States to the Secretary- 23. Decides that all Member States in General as requested in paragraph 1 of reso- which there are: mittee. Legislation was introduced by lution 778 (1992), and decides that, after de- (a) funds or other financial assets or eco- Senator COLLINS and myself on the Re- ducting all relevant United Nations expenses nomic resources of the previous Government publican side, and Senators LEVIN and associated with the shipment of authorized of Iraq or its state bodies, corporations, or LIEBERMAN on behalf of the Democrats. contracts and costs to the Programme out- agencies, located outside Iraq as of the date But there was no interest in having the of this resolution, or lined in paragraph 16 (c) above, including re- independent counsel statute continued. sidual obligations, all surplus funds in the (b) funds or other financial assets or eco- nomic resources that have been removed I favored the independent counsel be- escrow accounts established pursuant to cause it established a specific proce- paragraphs 8 (a), 8 (b), 8 (d), and 8 (f) of reso- from Iraq, or acquired, by Saddam Hussein lution 986 (1995) shall be transferred at the or other senior officials of the former Iraqi dure as to when there ought to be inde- earliest possible time to the Development regime and their immediate family mem- pendent counsel in the event of a pro- Fund for Iraq; bers, including entities owned or controlled, spective conflict of interest, or appear- 18. Decides to terminate effective on the directly or indirectly, by them or by persons ance of conflict; it provided for judicial adoption of this resolution the functions re- acting on behalf or at their direction, appointment of independent counsel. lated to the observation and monitoring ac- shall freeze without delay these funds or But that was rejected by the Congress. tivities undertaken by the Secretary-Gen- other financial assets or economic resources And it is interesting to know that of eral under the Programme, including the and, unless these funds or other financial as- monitoring of the export of petroleum and sets or economic resources are themselves all those on the other side of the aisle petroleum products from Iraq; the subject of a prior judicial, administra- among the Democratic Senators, none 19. Decides to terminate the Committee es- tive, or arbitral lien or judgment, imme- of them had cosponsored the legisla- tablished pursuant to paragraph 6 of resolu- diately shall cause their transfer to the De- tion or, to my knowledge, had spoken tion 661 (1990) at the conclusion of the six velopment Fund for Iraq, it being understood in favor of the legislation—except, as I month period called for in paragraph 16 that, unless otherwise addressed, claims have noted, Senator LEVIN and Senator above and further decides that the Com- made by private individuals or non-govern- LIEBERMAN. mittee shall identify individuals and entities ment entities on those transferred funds or referred to in paragraph 23 below; In rejecting a call to renew inde- other financial assets may be presented to pendent counsel, what we had was the 20. Decides that all export sales of petro- the internationally recognized, representa- leum, petroleum products, and natural gas tive government of Iraq; and decides further judgment of the Congress that the ex- from Iraq following the date of the adoption that all such funds or other financial assets isting institutions were sufficient. of this resolution shall be made consistent or economic resources shall enjoy the same That is having it in the Department of with prevailing international market best privileges, immunities, and protections as Justice and having the procedures es- practices, to be audited by independent pub- provided under paragraph 22; lic accountants reporting to the Inter- tablished by the Attorney General who 24. Requests the Secretary-General to re- national Advisory and Monitoring Board re- was in office during the Clinton admin- port to the Council at regular intervals on ferred to in paragraph 12 above in order to istration. the work of the Special Representative with ensure transparency, and decides further I suggest having decided that, we respect to the implementation of this resolu- that, except as provided in paragraph 21 tion and on the work of the International ought to give the existing institutions below, all proceeds from such sales shall be an opportunity to function. I think it deposited into the Development Fund for Advisory and Monitoring Board and encour- ages, the United Kingdom of Great Britain is important to note that it wasn’t the Iraq until such time as an internationally Attorney General who started the in- recognized, representative government of and Northern Ireland and the United States Iraq is properly constituted; of America to inform the Council at regular vestigation, it was one of his subordi- 21. Decides further that 5 percent of the intervals of their efforts under this resolu- nates. The matter is being handled by proceeds referred to in paragraph 20 above tion; Mr. John Dion, who is a career profes- shall be deposited into the Compensation 25. Decides to review the implementation sional. I had considerable contact with Fund established in accordance with resolu- of this resolution within twelve months of adoption and to consider further steps that Mr. Dion during the course of the Judi- tion 687 (1991) and subsequent relevant reso- ciary Committee oversight when Inde- lutions and that, unless an internationally might be necessary. recognized, representative government of 26. Calls upon Member States and inter- pendent Counsel Starr was in oper- Iraq and the Governing Council of the United national and regional organizations to con- ation. Nations Compensation Commission, in the tribute to the implementation of this resolu- The matter is being investigated by exercise of its authority over methods of en- tion; the FBI and is being kept at the head- suring that payments are made into the 27. Decides to remain seized of this matter. quarters level to assure greater in- Compensation Fund, decide otherwise, this ALLEGATIONS OF WHITE HOUSE LEAKS volvement and control by Director requirement shall be binding on a properly Mr. SPECTER. Mr. President, a con- Robert Mueller. It ought to be noted constituted, internationally recognized, rep- siderable controversy has arisen as to Director Mueller has a 10-year term. resentative government of Iraq and any suc- 1 cessor thereto; the allegations of leaks from the White His term will not expire for 2 ⁄2 years 22. Noting the relevance of the establish- House with respect to the identifica- after a prospective second term of ment of an internationally recognized, rep- tion of a CIA operative, or a CIA agent, President Bush. FBI Directors have

VerDate jul 14 2003 02:39 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.024 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12269 been known to be independent and pro- able person, identified from where that principal position, regardless of which fessional. Former FBI Director Louis information came. So we know there party is involved. Freeh had considerable disagreements are criminals there. We know there are Now there is an immediate call for with President Clinton and refused to people there who have committed special counsel only after this matter give information to the White House at crimes. So it seems to me this is a becomes highly publicized, only after it a time when Director Freeh concluded much more direct case than some of becomes an opportunity for political there was a criminal investigation the other issues that have taken place gain—only then. This matter was pend- which might involve President Clinton. in the past; namely, the issue with ing since July when the CIA and part So we have a standard for profes- President Clinton and the situation of the administration asked the De- sionalism by the Federal Bureau of In- with Secretary Espy. partment of Justice for an investiga- vestigation, and we have a standard of The situation here is very clear: tion, and the investigation was going professionalism by the career people in Someone leaked the name of a CIA op- forward. Now it has been the subject of the Department of Justice. erative, a Central Intelligence Agency a demand for a special prosecutor by There is also the oversight by the Ju- operative, a spy, an American spy. people who were indifferent to the in- diciary Committee. This is a matter They leaked the name of that person to stitution of Government when inde- where we took considerable interest in the press by name. pendent counsel was considered for re- what Independent Counsel Ken Starr Everyone—I agree—should take a newal. did. It is worth noting that there are deep breath and let this process go for- We have a Department of Justice many members of the Judiciary Com- ward. The White House should want a with professionals. We have an FBI mittee who have experience as pros- special counsel. In Government, we not with a Director who has a 10-year term. ecuting attorneys with the attendant only have to do away with what is bad To repeat, his term will not expire responsibilities for investigation. but what looks bad. The American peo- until 21⁄2 years after the end of the pro- I was district attorney of Philadel- ple clearly know this. spective second term for President phia for some 8 years. We have on the ABC and the Washington Post are Bush. So far, we have allegations, and committee staff other former DAs, at- going to report a poll tomorrow. I will they are serious allegations, and they torneys general, U.S. attorneys, so that not go into a lot of the details, but one ought to be investigated in due course the Judiciary Committee is in a posi- question they asked is: Do you think without an immediate attempt for tion to have oversight, our constitu- this investigation should be handled by politicization, once it becomes a mat- tional responsibility, to see to it that the U.S. Department of Justice, part of ter of high visibility as it has been the investigation is appropriately car- the Bush administration, or should it since last Sunday. It only took until ried out. be handled by an outside investigator Monday to have a call for the inde- There may come a time when special or special counsel who is not part of pendent counsel, and here we are on counsel would be warranted, but it the Bush administration? Wednesday. seems to me that at this stage, there About 70 percent of the people believe Mr. President, I have been asked to ought not to be politicization of the it should be handled outside the White handle the wrapup material on behalf matter, although I understand the House, outside the Justice Department. of the majority leader as the sole re- ways of Washington, but it is anoma- Another question: If the investiga- maining standing Republican present lous that those who are now calling for tion finds that someone in the White on the Senate floor. special counsel had no interest in insti- House leaked classified information, do AMENDMENT NO. 1795, AS MODIFIED tutionalizing the independent counsel you think that person should or should Mr. SPECTER. Mr. President, I ask except, as I say, for Senator LIEBERMAN not lose his job? unanimous consent that amendment and Senator LEVIN. Ninety-one percent of the people be- No. 1795 be modified with the language I thank the Chair and yield the floor. lieve that person or those people at the desk. The PRESIDING OFFICER. The as- should lose their jobs—91 percent of the The PRESIDING OFFICER. Without sistant Democratic leader. people. objection, it is so ordered. Mr. REID. Mr. President, we know Another question that will be re- The amendment, as modified, is as there is concern on the other side of ported by the American Broadcasting follows: the aisle, and certainly at 1600 Penn- Company in the morning: If the inves- At the appropriate place, insert the fol- sylvania Avenue, regarding problems tigation finds that someone in the lowing: with leaking information from the White House leaked classified informa- SEC. COMMENDING THE ARMED FORCES FOR White House or someplace in the ad- tion, do you think that person should EFFORTS IN OPERATION ENDURING FREEDOM AND OPERATION IRAQI ministration to Robert Novak. We or should not face criminal charges? FREEDOM. know that causes concern, as it should. About 85 percent of the people believe (a) PURPOSE.—Recognizing and com- To try to cloud this with a lot of legal that person should face criminal mending the members of the United States jargon that there are other lawyers charges. Armed Forces and their leaders, and the al- looking at it, that Democrats didn’t It is very clear to me this is an effort lies of the Untied States and their armed support this independent counsel stat- to cover up a problem. This is not forces, who participated in Operation Endur- ute is evading the question. something that I brought up just to be ing Freedom in Afghanistan and Operation We don’t have to support an inde- talking. If people are going to come Iraqi Freedom in Iraq and recognizing the continuing dedication of military families pendent counsel statute to have the here and try to cover this up, anytime and employers and defense civilians and con- law as it now applies which allows the anyone does that, and I am on the Sen- tractors and the countless communities and appointment of a special counsel. ate floor, I am going to talk about it. patriotic organizations that lent their sup- It seems to me common sense that if The PRESIDING OFFICER. The Sen- port to the Armed Forces during those oper- an independent counsel was selected to ator from Pennsylvania. ations. look at Secretary Espy, the Secretary Mr. SPECTER. Mr. President, I agree (b) The Senate finds of Agriculture, because he accepted with the Senator from Nevada that That the September 11, 2001, terrorist at- this is a serious matter. When he tacks on the United States, which killed tickets to a football game, which he thousands of people from the United States was not supposed to do, and President quotes the poll, I would say it would go and other countries in New York, Virginia, Clinton—by the way, an independent beyond losing jobs. If someone has vio- and Pennsylvania, inaugurated the Global counsel was not ordered; he agreed to lated the law, there is a very substan- War on Terrorism; an independent counsel to investigate tial jail sentence which is proposed. That the intelligence community quickly his real estate transaction in Arkan- But my comments I do not think con- identified Al Qaeda as a terrorist organiza- sas—it seems to me certainly we stituted legal jargon at all. I think tion with global reach and the President de- should have a special counsel look at they were taking a look at the fact termined that United States national secu- rity required the elimination of the Al Qaeda what has taken place. that the Congress has decided we would terrorist organization; We know a crime has been committed not have an independent counsel proce- That the Taliban regime of Afghanistan by a person or persons. We know that dure when we did not renew the law. I had long harbored Al Qaeda, providing mem- Robert Novak, who I think is an honor- fought hard to have that done as a bers of that organization a safe haven from

VerDate jul 14 2003 02:39 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.131 S01PT1 S12270 CONGRESSIONAL RECORD — SENATE October 1, 2003 which to attack the United States and its (1) conveys its deepest sympathy and con- statements that I plan to deliver about friends and allies, and the refusal of that re- dolences to the families and friends of the the hemorrhaging of American manu- gime to discontinue its support for inter- members of United States and coalition facturing jobs and the steps that I national terrorism and surrender Al Qaeda’s forces who have been injured, wounded, or think that we ought to take to stem leaders to the United States made it a threat killed during Operation Enduring Freedom to international peace and security; and Operation Iraqi Freedom; the flow of manufacturing jobs abroad That Saddam Hussein and his regime’s (2) commends President George W. Bush, and to strengthen our deteriorating longstanding sponsorship of international Secretary of Defense Donald H. Rumsfeld, manufacturing base. terrorism, active pursuit of weapons of mass and United States Central Command com- Recently, I talked about how tax pol- destruction, use of such weapons against mander General Tommy Franks, United icy can help to strengthen American Iraq’s own citizens and neighboring coun- States Army, for their planning and execu- manufacturing. Today, I want to dis- tries, aggression against Iraq’s neighbors, tion of enormously successful military cam- cuss the role of Federal procurement and brutal repression of Iraq’s population paigns in Operation Enduring Freedom and made Saddam Hussein and his regime a Operation Iraqi Freedom; policy in supporting American busi- threat to international peace and security; (3) expresses its highest commendation and nesses and American jobs. That the United States pursued sustained most sincere appreciation to the members of The Buy American Act of 1933 is the diplomatic, political, and economic efforts to the United States Armed Forces who partici- primary statute that governs procure- remove those threats peacefully; pated in Operation Enduring Freedom and ment by the Federal Government. The That on October 7, 2001, the Armed Forces Operation Iraqi Freedom; name of the act accurately and suc- of the United States and its coalition allies (4) commends the Department of Defense cinctly describes its purpose: to ensure launched military operations in Afghanistan, civilian employees and the defense con- designated as Operation Enduring Freedom, tractor personnel whose skills made possible that the Federal Government supports that quickly caused the collapse of the the equipping of the greatest Armed Force in domestic companies and domestic Taliban regime, the elimination of Afghani- the annals of modern military endeavor; workers by buying American-made stan’s terrorist infrastructure, and the cap- (5) supports the efforts of communities goods. ture of significant and numerous members of across the Nation— It only makes sense for the Federal Al Qaeda; (A) to prepare appropriate homecoming Government to make every effort to That on March 19, 2003, the Armed Forces ceremonies to honor and welcome home the purchase goods that are made in Amer- of the United States and its coalition allies members of the Armed Forces participating launched military operations, designated as in Operation Enduring Freedom and Oper- ica. A law requiring this commonsense Operation Iraqi Freedom, that quickly ation Iraqi Freedom and to recognize their approach should not be necessary. Un- caused the collapse of Saddam Hussein’s re- contributions to United States homeland se- fortunately, this law is necessary and, gime, the elimination of Iraq’s terrorist in- curity and to the Global War on Terrorism; even more unfortunately, the law con- frastructure, the end of Iraq’s illicit and ille- and tains a number of loopholes that make gal programs to acquire weapons of mass de- (B) to prepare appropriate ceremonies to it too easy for government agencies to struction, and the capture of significant commemorate with tributes and days of re- international terrorists; buy foreign-made goods. membrance the service and sacrifice of those I have often heard my colleagues say That in those two campaigns in the Global service members killed or wounded during War on Terrorism, as of September 27, 2003, those operations; on this floor that American-made nearly 165,000 members of the United States (6) expresses the deep gratitude of the Na- goods are the best in the world. I could Armed Forces, comprised of active, reserve, tion to the 21 steadfast allies in Operation not agree more. For generations, Wis- and National Guard members and units, had Enduring Freedom and to the 49 coalition consin has had an economy dominated mobilized for Operation Enduring Freedom members in Operation Iraqi Freedom, espe- by manufacturing, and Wisconsinites and Operation Iraqi Freedom. cially the United Kingdom, Australia, and That success in those two campaigns in the have proudly made goods under name Poland, whose forces, support, and contribu- brands that are known around the Global War on Terrorism would not have tions were invaluable and unforgettable; and been possible without the dedication, cour- (7) recommits the United States to ensur- country and even around the world age, and service of the members of the ing the safety of the United States home- brands such as Oshkosh B’Gosh, Har- United States Armed Forces and the mili- land, to preventing weapons of mass destruc- ley-Davidson, Snap-On Tools, tary and irregular forces of the friends and tion from reaching the hands of terrorists, Masterlock, and S.C. Johnson. Many allies of the United States; and to helping the people of Iraq and Afghan- Wisconsin factories have churned out That the support, love, and commitment istan build free and vibrant democratic soci- from the families of United States service products for the Federal Government, eties. personnel participating in those two oper- including for the Department of De- ations, as well as that of the communities Mr. SPECTER. Mr. President, I ask fense. and patriotic organizations which provided unanimous consent that when the Sen- Regrettably, thousands of good-pay- support through the United Services Organi- ate resumes consideration of the Iraq ing manufacturing jobs have left my zation (USO), Operation Dear Abby, and Op- supplemental, the Senate then resume State—77,000 jobs of this kind in the eration UpLink, helped to sustain those serv- consideration of the McConnell amend- last 21⁄2 years. Those companies that ice personnel and enabled them to eliminate ment, as modified, with the technical significant threats to United States national remain in my State often struggle to security while liberating oppressed peoples changes at the desk; provided further, compete with cheaper foreign goods from dictatorial regimes; that there then be 40 minutes equally that flood into U.S. markets—even That the civilian employees of the Depart- divided in the usual form; further, that when they may be competing for con- ment of Defense, through their hard work following the use or yielding back of tracts to supply our own Federal Gov- and dedication, enabled United States mili- time, the Senate proceed to a vote on ernment. tary forces to quickly and effectively or in relation to the amendment, with This Congress should do more to en- achieve the United States military missions no amendments in order to the amend- in Afghanistan and Iraq; sure that the Federal Government That the commitment of companies mak- ment prior to the vote. makes every effort to buy American- ing their employees available for military Mr. REID. Mr. President, reserving made goods by strengthening the provi- service, the creativity and initiative of con- the right to object, I would appreciate sions of the Buy American Act. tractors equipping the Nation’s Armed it if the Senator would allow a modi- Some argue that the Buy American Forces with the best and most modern equip- fication: That of the 20 minutes we Act has outlived its usefulness in to- ment, and the ingenuity of service compa- have on this side, 10 minutes be set day’s global economy. I could not dis- nies assisting with the global overseas de- aside for Senator BYRD. ployment of the Armed Forces demonstrates agree more. I strongly disagree. The Mr. SPECTER. Agreed. act is as relevant today as it was when that the entrepreneurial spirit of the United The PRESIDING OFFICER. Without States is an extraordinarily valuable defense it was enacted in 1933. The passage of asset; and objection, it is so ordered. 70 years has not diminished the impor- That the Nation should pause to recognize f tance of this act for American manu- with appropriate tributes and days of re- MORNING BUSINESS facturing companies or for those who membrance the sacrifice of those members of are employed in this crucial sector of the Armed Forces who died or were wounded f in Operation Enduring Freedom and Oper- our economy. SUPPORTING AMERICAN JOBS & In fact, a strong argument can be ation Iraqi Freedom, as well as all who THE BUY AMERICAN ACT served in or supported either of those oper- made that this act is even more nec- ations: Now, therefore, be it (c) It is the Mr. FEINGOLD. Mr. President, I rise essary today than it was 70 years ago. Sense of the Senate that the Senate today for the second in a series of With American jobs heading overseas

VerDate jul 14 2003 02:39 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.027 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12271 at an alarming rate, the Government them to support strengthening current er but with a wonderful career, adopted should be doing all it can to make sure law governing Senate procurement to three children from Russia and is now that U.S. taxpayer dollars are spent to clarify that the Senate should comply fostering an 8-year-old girl. Pam Bolke support American jobs. with Buy American requirements. of Baker was nominated by my col- Some argue that the Buy American My letter also asks that the Rules league, Senator BREAUX. After reading Act is protectionist and anti-free trade. Committee direct the Secretary of the a newspaper article about two young I disagree. Supporting American indus- Senate and the Sergeant at Arms to girls who had been abused, she and her try is not protectionist; it is just com- provide to the Senate an annual report, husband stepped up and adopted the mon sense. The erosion of our manufac- beginning at the end of the current fis- two little girls. Although they were turing base needs to be stopped, and cal year, describing the dollar value of filled with rage, they are now growing Congress should support procurement any articles, materials, or supplies pur- to be beautiful, loving little girls be- and trade policies that help to ensure chased that are manufactured outside cause they have unconditional love. that we do not continue to lose jobs in of the United States, outlining the rea- Louise Bourne of Lafayette was nom- this vital segment of our economy. sons for such foreign purchases, and inated by CHRIS JOHN from our State. Recently I introduced the Buy Amer- providing a summary of total procure- And I will submit the details of that ican Improvement Act, which would ment funds spent on goods manufac- for the RECORD. And Karen Caldwell of strengthen the existing act by tight- tured in the United States versus funds New Orleans, who was nominated by ening its waiver provisions. Currently, spent on goods manufactured outside of Congressman DAVID VITTER, joined us the heads of Federal Departments and the United States. This report is con- last night. Agencies are given broad discretion to sistent with the annual report already As you can see, we had from the waive the act and to buy foreign goods. required of the Pentagon. I think we in State of Maine many individuals, and We should ensure that American com- the Senate ourselves should comply from almost every State in the Union, panies are given a fair chance to com- with the same requirement we impose because the Senators in this Chamber pete for Federal contracts. on the Pentagon. took it upon themselves—the Senator Companies in Wisconsin tell me that As I have repeatedly noted, Congress from Nevada joined us; Senator BILL they do not mind having to compete cannot simply stand on the sidelines FRIST from Tennessee was with us—to for Federal and other contracts. In while all these American jobs continue seek out someone in their State, ordi- fact, they welcome the chance to com- to be shipped overseas. While there nary individuals but doing extraor- pete and to put their high-quality prod- may be no single solution to this prob- dinary work. Truly it was a wonderful ucts up against the best that the lem, I believe that one way in which evening to celebrate. I will submit for the RECORD all of United States and the world has to Congress should act is by strength- the angels, 165 individuals from 48 offer. What they are concerned about is ening the Buy American Act. I will States, who were honored. They all re- an uneven playing field that tilts in continue to come to the floor to dis- ceived, besides a standing ovation from favor of foreign companies, which cuss other ways in which we can work all of us, the beautiful angels pin I am enjoy advantages including govern- to strengthen this crucial segment of wearing today and went home inspired ment subsidies, lower labor costs, little our economy in the coming weeks. environmental regulation, and de- and encouraged to do more for adop- f tion. valued currencies. It is an area on which we can agree, My constituents are also concerned ANGELS IN ADOPTION Democrats and Republicans. There is about the prospect of certain types of Ms. LANDRIEU. Madam President, little disagreement among us on this industries leaving the United States last night the Senator from Idaho, Mr. issue. We have thousands of children in completely, thus making the Federal CRAIG, and I were pleased to host, as the United States waiting to be adopt- Government dependent on foreign cochairs of the Congressional Coalition ed, children whose rights have been sources for goods, such as plane or ship on Adoption—with two of our col- terminated or the parental rights have parts, that our military may need to leagues from the House, Congressman been terminated. We have waiting in OBERSTAR and Congressman CAMP, and acquire on short notice. the United States over 100,000 children In order to get a better picture of with the help of over 70 congressional of all ages. I will submit those numbers how often the Federal Government offices—a celebration of the fifth an- for the RECORD. buys foreign goods, my bill also would nual Angels in Adoption Campaign. I see my colleague from Idaho, Sen- expand annual reporting requirements I wanted to take a few minutes to ator CRAIG. I thank him publicly for all regarding the use of Buy American Act speak about what a wonderful evening of his leadership and the great work he waivers that currently apply only to it was. Last night there were angels did to make last night and the work the Department of Defense to include surrounded by stars on Pennsylvania that our coalition does truly bipartisan all Federal Departments and Agencies. Avenue as we celebrated and honored and truly effective. I am pleased that the Senate has 165 individuals from 48 States for their Mr. CRAIG. Will the Senator yield? adopted amendments based on this pro- work on behalf of children. Seventy Ms. LANDRIEU. I will. vision that I have offered to a number Members of Congress and a total of al- Mr. CRAIG. Let me thank my col- of appropriations bills, thus putting most 1,000 individuals were there as we league from Louisiana. She and I have the Senate on record in support of in- awarded the national awards to Mo- worked so very closely together over creased public disclosure regarding the hammad and Lanni Ali, who appeared the last several years to move the issue use of Buy American Act waivers. in person. He is challenged with his of adoption and the development of the I am also pleased that my legislation physical abilities right now so we were congressional coalition and now the is supported by a broad array of busi- so pleased to have him. Bruce Willis, Congressional Coalition on Adoption ness and labor groups including: Save who is the national spokesperson for Institute. All that she says about last American Manufacturing, the U.S. foster care children, as asked by Presi- evening is so true. It was a gala event, Business and Industry Council, the dent Bush, was also with us. well beyond our expectations, when we International Association of Machin- The Angels in Adoption Campaign is started this whole effort a good number ists and Aerospace Workers, the na- a very powerful way of celebrating the of years ago. Tonight, let me challenge tional and Wisconsin AFL–CIO, and the miracle of adoption. We do work right every Senator who has not yet partici- International Brotherhood of Boiler- on the Senate floor, through all of our pated with us in the congressional coa- makers. work individually and collectively, to lition itself and in the institute to In addition, I believe that the Senate make the dream of adoption possible come on board and to be a part of what itself should lead by example and make for so many children in the United is truly a wonderful and worthwhile ac- every effort to purchase American- States, as well as internationally. tivity. Both Mary and I are adoptive made goods. For that reason, I recently From Louisiana we were pleased to parents, and we know what that has sent a letter to the chairman and rank- be joined by Beverly Lewis of Alexan- meant in our lives. ing member of the Senate Committee dria. She was nominated and received Now to facilitate the smoothing out on Rules and Administration asking an award because she, as a single moth- of public policy, to make adoption

VerDate jul 14 2003 02:39 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.117 S01PT1 S12272 CONGRESSIONAL RECORD — SENATE October 1, 2003 truly an option of the right form in Minnesota: Becky and Gladys Abbott, 1, 26; 2–4, 110; 5–9, 178; 10–17, 368. Total wait- taking children into loving and caring Susan Freivalds, Larry and Arlyce Morrell, ing children—682. (Note in the previous State and safe environments to grow and to North American Council on Adoptable Chil- fiscal year the total was 868.) mature into sound adults is a role all dren, Brad and Sandy Powers. f Mississippi: Nancy and Drew McDowell. of us ought to be a part of. If you can- Missouri: George and Cyrilla Bender, Joan LOCAL LAW ENFORCEMENT ACT not do it as actively as both Mary and Bystrom, Dean and Sheila Dutton, Randy OF 2003 I do, then you should be with us in spir- and Linda Koenig, Laurie Murphy. it and legislation and participation but Montana: Claire and Patty Walker. Mr. SMITH. Mr. President, I rise help us to grow this marvelous move- Nebraska: Dr. Edward and Sandy Kolb, today to speak about the need for hate ment. Patrick and Patrice Lappert, Patrick and crimes legislation. On May 1, 2003, Sen- Last night, with nearly 1,000 people Cindy Seitz, Eugene and Cindy Ulmer. ator KENNEDY and I introduced the Nevada: Letha Davies, Steve and Kayleen Local Law Enforcement Enhancement and with the Alis and with Bruce Willis Fotheringham, Rene Phillips. and a good many others, we were very Act, a bill that would add new cat- New Jersey: Eileen Crummy, Janet egories to current hate crimes law, pleased to honor these angels from Farrand, Pamela Hasegawa, Monsignor across the country who Mary has so James J. McGovern, Debra Supnick. sending a signal that violence of any aptly described as caring, giving, and New Mexico; Frank and Donna Payne, Ken kind is unacceptable in our society. loving people. and Fran Sullivan. I would like to describe a terrible I thank the Senator for yielding and New York: Rose Marie Battisti-Bruce, crime that occurred in New Haven, CT. Karen Eckert, Family Focus Adoption Serv- On May 9, 2003, Jessica Mercado, a for her great work in this area. ices, New Directions Youth and Family Serv- Ms. LANDRIEU. We look forward to transgender Latina, was brutally mur- ices, Thomasena Newton, Dr. Natasha dered. She was stabbed multiple times a great year. Shaginian, Sloane Jacyln Tabisel, Margaret Madam President, I ask unanimous Tomasicchio. and then her body was burned. Her consent to print in the RECORD the fol- North Carolina: Raymond and Debbie murder is believed to be a hate crime lowing information which I referenced Abrams, Harriet McCarthy. and her murder a result of the in my remarks. North Dakota: Loralei Klitzke. homophobia of her attackers. There being no objection, the material was Ohio: Arden and Diana Brooks, Kevin and I believe that Government’s first Wendy Hoodlebrink, Dorothy Klemm, Rita ordered to be printed in the RECORD, as fol- duty is to defend its citizens, to defend lows: Soronen. them against the harms that come out Oklahoma: Amy Eldridge, David and Kathy ANGELS IN ADOPTION 2003 Frost, Tom and Jennifer Rudolph. of hate. The Local Law Enforcement Alabama: LaGretta Ratliff, Philip and Oregon: Susan Cox, Franklin Hunsaker, Enhancement Act is a symbol that can Gina Richards. Portland Metro Korean Lions Club, Deborah become substance. I believe that by Arizona: Joanne Karolzak, Peter and Pat Radcliffe. passing this legislation and changing Likens, David and Diana Lucas, Lance and Pennsylvania: Jeffrey and Lydia Buck, current law, we can change hearts and Barb Trella. Maxine Chalker, Susann Hoke, Marjorie minds as well. Arkansas: Jan Scholl, Lisenne Rockefeller. McKeone, Myron and Sally Stoltzfus, Kelley California: Jesse and Linda Barela, Cecil Strieb, Three Rivers Adoption Council, f and Pamela Ellis, Audrey Foster, Reverend Hanna D. Wallace. CHARLES TAYLOR AND LIBERIA Paul and Linda Hoyt, Karen Lane, Susan Rhode Island: Chris Cotatgis. Lobo, Dave and Debbe Magnusen, Dr. David South Carolina: Hal and Diana Stevenson. Mr. LEAHY. Mr. President, I rise Sanders, Shasta County Adoptions Program, South Dakota: Harold and Sharon Holder, today to voice my strong support for a Ed and Judy Shrader, Sierra Adoptions Serv- Jeff and Dori Nelson. provision included by Senator GREGG ices, Karen Ullman. Tennessee: Dr. Paul Heil, Davis and Sherry in the Commerce-Justice-State portion Kim Matsunaga, Joshua and Lily Nie. Lundy, Claude and Bernadette Whatley, of the emergency supplemental which Pamela Wolf. Connecticut: Anthony and Jacquelyn Bar- provides $2 million for rewards to any- rows, Angel Torres. Texas: Jean Boyd, Barry and D’Wanna District of Columbia: Linda Clausen. Finkel, Suzanne Faske and Karen Hall, Anna one who brings Charles Taylor before Florida: Susana Huaman Dragosavac, Fam- James, Dorothy Le Pere, Lutheran Social the Special Court for Sierra Leone. ily Services of Central Florida, Foster Chil- Services of the South, Rodney and Renee I commend the senior Senator from dren’s Project Legal Aid Society of PBC, Nolen, Judge Peter Sakai, Snow Wu. New Hampshire for his strong leader- Inc., A.J. and Susan Fremer, Marilys Llanos, Utah: Christena Christensen. ship on this issue. Just a few months Bill and Patricia Manning, James and Betsy Vermont: Diane Dexter. ago, when the Special Prosecutor for Seifert. Virginia: Bethany Christian Services of Fredericksburg, Bethany Christian Services Special Court unsealed his indictment Georgia: Truett Cathy, Amanda Davis, against Charles Taylor, he and I came James Outman, Joe Woods. of Hampton Roads, Chris and Christy Craig, Hawaii: Steven and Renee Saito. Ronald Federici, Mara Kamen, Dr. Patrick to the Senate floor together to com- Idaho: Meri Brennan, Jay and Sally Mason. mend this strong and decisive action. Hilderbrandt, John and Denise Martin. West Virginia: Mildred Mairs. In that colloquy and in other floor Illinois: Adoption Information Center of Il- Wisconsin: Mark and Faith Richter statements, I described why it is so im- linois, Dan and Lynn Dempsey, Ben and KuFahl. portant for West Africa, as well as the Sherna Jennings, Sherri Nestmann, Cyndi Wyoming: Carol Burman Lindly. cause of international justice, to bring Norton, Gary and Marla Ringger. Past Angels in Adoption Award Recipients (1999–2002). Charles Taylor before the Special Indiana: Loving Shepherd International, Court, I will not repeat all of that here Owino Wodomony and Dalia Owino, James and Verdell Releford. LOUISIANA DATA today, but I just want to make a couple Iowa: Dr. Rebecca Brandt, Ken and Char Number of children in State custody as of of additional points. Since his exile to Kuhns, Terri and Bruce Lippert. year end by age—State fiscal year 03: 0–1, 434; Nigeria, press reports have revealed Kansas: Allan Hazlett, Chuck and Ann 2–4, 692; 5–9, 929; 10–17, 2,252. Total number of that Charles Taylor continues to try to Vanasse. children in foster care—4,307. (Note that in foment chaos and instability in Libe- Kentucky: James and Judith Green, Saint the previous State fiscal year the number ria. There is no doubt that he wants to Joseph Children’s Home. was 4416.) return, and will do so if given the op- Luoisiana: Pam Bolke, Louise Bourne, Number of children adopted out of State Karen Caldwell, Beverly Lewis. custody by age—State fiscal year 03: 0–1, 34; portunity. Maine: Jennifer Sylvester. 2–4, 152; 5–9, 199; 10–17, 127. Total number of Charles Taylor needs to come before Maryland: Kim and Carol Cormany, Bar- children adopted out of foster care—512. the Special Court. This needs to hap- bara Ann Dorsey, Susan Faro, Mark (Note that in the previous State fiscal year pen immediately. Allowing him to re- McDermott. the number was 471.) main in Nigeria is wrong. It is imped- Massachsetts: Loretta Cahill in memo- Number of children reunited with birth ing peace and prosperity in a region riam, Nancy Hendrie, Margaret O’Grady, families by age—State fiscal year 03: 0–1, 219; that has endured tremendous suffering Craig and Jane Pixley, Robert and Shirley 2–4, 326; 5–9, 405; 10–17, 664. Total number of over the past decade. Siff, Carolyn Smith, Kathleen Teahan. children reunited—1614. (Note that in the Michigan: Charlie and Jerry Brown, Jaclyn previous State fiscal year the number was The provision included in the supple- Hope Champnella, Linda Cromartie, Sandra 1,552.) mental can help get him before the Jones, Kevin and Mary Julien, Paul and Number of children freed for adoption and Special Court. I look forward to work- Sherry Petroelje, Alan and Kristine Yeadon. awaiting placement—State fiscal year 03: 0– ing with Senators GREGG and HOLLINGS

VerDate jul 14 2003 02:39 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.119 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12273 to keep this provision in the final control of it. The Port Authority has were necessary to the allied effort and version of the supplemental conference operated this airport ever since. conducted in the name of a righteous report. Today, some 30 million passengers cause. I also want to point out that a hu- use the airport annually. And inter- A flight engineer and top turret gun- manitarian disaster continues to exist national airlines offer direct service to ner on a B–17 bomber crew based in in Liberia, where thousands are with- many destinations around the world England with the 8th Army Air Corps, out food, shelter, or basic medical care. from Newark Liberty. It is also one of Sergeant Pursley and the other 9 mem- Even after emergency needs are ad- only two truly intermodal air-rail con- bers of his crew flew 14 successful mis- dressed, Liberia will require substan- nections in the country. Passengers sions over Northern Europe before tial amounts of additional assistance, can take a train from any city on the being shot down while on a mission as three-fourths of its citizens are im- Northeast corridor and transfer at the over Frankfurt on January 29, 1944. Of poverished, the unemployment rate is airport for a flight. In some cases, they the 10 crewmembers onboard, four died 85 percent, and seven out of ten of com- can even book the entire air/rail trip in the air and two escaped capture, but batants involved in recent fighting in all at once. This should serve as a shin- Sergeant Pursley and three others were Liberia are child soldiers. ning example of how our national taken prisoner by the Germans. I am worried that the world’s atten- transportation system can work. For the next 16 months, Sergeant tion is focused elsewhere and we will Over 24,000 people are employed at Pursley, along with thousands of his simply forget about the plight of Libe- the Newark Liberty International Air- fellow servicemembers, endured long ria’s people. In the coming weeks, I port. The airport contributes $11.3 bil- marches, malnutrition, and despair in hope that we can find some money in lion in economic activity to the New a number of Nazi prison camps, before this supplemental to address these crit- York/New Jersey metropolitan region, he was liberated on May 6, 1945, just ical needs. Even a tiny percentage of including $3.3 billion in wages for some four days shy of the end of the Euro- the more than $87 billion in this bill 110,000 jobs resulting from airport ac- pean Campaign. Though his health suf- would save many lives. tivity. In addition, the original 68 acres fered throughout the heroing ordeal, Sergeant Pursley’s sense of pride in his f of marshland has grown to more than 2,000 acres. service and faith in his cause never REMEMBERING MOTHER TERESA Newark Liberty International Air- wavered. Mr. ALLARD. Mr. President, Mother port’s 75th birthday deserves more For his service, Mr. Pursley earned Teresa will soon be beatified by Pope than just a brief nod. As a former Port numerous decorations including the Silver Star and the Purple Heart. Upon John Paul II in Rome, and I would like Authority Commissioner, I am pleased his return from Europe and separation to take this opportunity to honor the to point out that the airport has been from the Army Air Corps, Mr. Pursley model that she was for the world by a leader in aviation technology. New- moved to Georgia and, in 1957, started promoting love and respect for all. ark, for instance, was the site of our Redrock Carpet, a commercial carpet We in Congress often get over- great Nation’s first air traffic control company that he has run ever since whelmed with the amount of work and tower. The very same airport had the with his son. Mr. Pursley excelled as a issues that we are faced with each day, first paved runway, the first runway businessman and the products that he but Mother Teresa put into perspective with lighting, which permitted night- manufactured have been used to carpet our mission when she said, ‘‘We our- time operations, and the Nation’s first such notable locales as Air Force One airport weather station. selves feel that what we are doing is and the private residence quarters in So, today I congratulate the Port Au- just a drop in the ocean, but the ocean the White House. would be less because of that missing thority of New York and New Jersey, Red Pursley was a man we all should drop.’’ Chairman Anthony Coscia, Executive admire, as it was efforts of men like Mother Teresa embodied the ulti- Director Joseph Seymour, Mayor of him that helped forge our present mate spirit of public service by giving Newark Sharpe James, Aviation Direc- greatness. He took an active part in a 100 percent of herself to her constitu- tor Bill DeCota, Airport General Man- the last half century as a solider and a ents: the poor, the hungry, the home- ager Susan Baer, her staff, and all oth- citizen, as a community leader and a less and, most of all, the unloved. Her ers who have made Newark Liberty businessman, and as a living link to determination to make the world a bet- International Airport the world class our past. His distinguished career, both ter place has left its mark on history facility it is today, and I look forward in the service of his country and in the and humanity. to celebrating 75 more years of safe, ef- private sector, is a demonstration of ‘‘It is not how much we do, but how ficient operations.∑ the highest standards of integrity, pro- much love we put into doing. It is not f fessionalism, and patriotism. how much we give, but how much love REMEMBERING RED PURSLEY Red died on the morning of Sep- we put into giving,’’ said Mother Te- tember 30, 2003, at the age of 82 after ∑ resa. Let us not forget this valuable Mr. MILLER. Mr. President, I rise succumbing to a long bout with cancer. wisdom as the world honors Mother Te- today to note with deep regret the He leaves behind his loving wife and resa next month. passing of a true American hero, entre- partner of nearly 61 years, Catherine preneur, and fellow serviceman, Lewis f Robinson Pursley, two children, three ‘‘Red’’ Pursley. grandchildren, and four great-grand- ADDITIONAL STATEMENTS Red Pursley’s journey through life children. Red also leaves behind an in- came to a quiet and peaceful end on delible mark on his Douglasville, GA September 30, 2003, at a hospice facility 75TH ANNIVERSARY OF NEWARK community and on the lives of all of near his home in Douglasville, GA. A those that he touched. He will be LIBERTY INTERNATIONAL AIR- veteran of World War II and of the bat- PORT missed, but as long as the legacy of the tlefields of corporate commerce, as greatest generation lives on, so too will ∑ Mr. LAUTENBERG. Mr. President, I well as a loving father and pillar of his he.∑ rise today to celebrate Newark Liberty local community, Mr. Pursley em- f International Airport’s 75th Anniver- bodied the virtues that define the term sary. On October 1, 1928, the New York American citizen. MID-MISSOURI ENERGY metropolitan region’s first major air- As a young man in Clover, SC, Red ∑ Mr. TALENT. Mr. President, I rise port was built by the great city of New- Pursley heeded his country’s call when today to commemorate the upcoming ark on 68 acres of marshland just 16 he was needed most, like so many oth- groundbreaking on Saturday, October miles from midtown Manhattan. Soon ers of what history would later call the 4, 2003, for construction of Missouri’s those 68 acres became the world’s busi- ‘‘greatest generation.’’ Entering into third farmer-owned ethanol plant, Mid- est commercial airport. The U.S. Army active service in late 1942, Mr. Pursley Missouri Energy Ethanol Plant, which Air Corps operated the Airport during and his comrades knew the dangerous will be located in Malta Bend, MO. WWII, and in 1948, the Port Authority nature of their duty, but attacked it Mid-Missouri Energy, the farmer- of New York and New Jersey assumed with the confidence that their services owned cooperative that is building the

VerDate jul 14 2003 04:02 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.047 S01PT1 S12274 CONGRESSIONAL RECORD — SENATE October 1, 2003 plant, began its grassroots efforts in Senate, on September 30, 2003, during H.R. 3011. An act to designate the facility early 2002 and has since added over 720 the adjournment of the Senate, re- of the United States Postal Service located farmer-investors. This plant will proc- ceived a message from the House of at 135 East Olive Avenue in Burbank, Cali- ess 15 million bushels of corn each Representatives announcing that the fornia, as the ‘‘Bob Hope Post Office Build- ing’’; to the Committee on Governmental Af- year, producing 40 million gallons of Speaker has signed the following en- fairs. ethanol annually, creating more than rolled bill: The following concurrent resolution 35 new jobs in Saline County. It will H.R. 3146. An act to extend the Temporary boost the value of locally grown corn Assistance for Needy Families block grant was read, and referred as indicated: and generate revenue for the farmers program, and certain tax and trade pro- H. Con. Res. 159. Concurrent resolution de- who have invested in the cooperative. grams, and for other purposes. claring Emporia, Kansas, to be the founding city of the Veterans Day holiday and recog- In addition, the site preparation and Under the authority of the order of September 30, 2003, the enrolled bill nizing the contributions of Alvin J. King and construction of the plant will provide a Representative Ed Rees to the enactment boost to the area’s economy. This plant was subsequently signed by (Mr. TAL- into law of the observance of Veterans Day; is being built at a cost of $60 million, ENT). to the Committee on Veterans; Affairs. At 11:44 a.m., a message from the and it is expected to be in operation by f Spring 2005. House of Representatives delivered by The technology for ethanol-blended Ms. Niland, one of its reading clerks, MEASURES PLACED ON THE fuel will only get better as the dis- announced that the House has passed CALENDAR the following bill, without amendment: tribution network continues to grow. The following concurrent resolution Ethanol is already marketed in a num- S. 570. An act to amend the Higher Edu- cation Act of 1965 with respect to the quali- was read, and placed on the calendar: ber of places at the same price as gaso- fications of foreign schools. H. Con. Res. 282. Concurrent resolution line, and its increased use will reduce The message also announced that the honoring the life of Johnny Cash. our dependence on foreign oil and help House has passed the following bills, in f agricultural producers. There are cur- which it requests the concurrence of EXECUTIVE AND OTHER rently 73 ethanol plants in the country, the Senate: with the capacity to produce 2.9 billion COMMUNICATIONS H.R. 1882. An act to designate the facility gallons annually. The Malta Bend of the United States Postal Service located The following communications were plant is one of 13 new plants under con- at 440 South Orange Blossom Trail in Or- laid before the Senate, together with struction, which represent more than lando, Florida, as the ‘‘Arthur ‘Pappy’ Ken- accompanying papers, reports, and doc- 400 million gallons per year of new eth- nedy Post Office’’. uments, and were referred as indicated: anol production. I am confident the en- H.R. 2075. An act to designate the facility of the United States Postal Service located EC–4485. A communication from the Under ergy bill that emerges from the Con- Secretary, Food, Nutrition, and Consumer gress will retain the Renewable Fuels at 1905 West Blue Heron Boulevard in West Palm Beach, Florida, as the ‘‘Judge Edward Services, Department of Agriculture, trans- Standard, which will double the pro- Rodgers Post Office Building’’. mitting, pursuant to law, the report of a rule duction and use of ethanol over the H.R. 2086. An act to reauthorize the Office entitled ‘‘Farm Bill Regulations—Com- next ten years. of National Drug Control Policy. modity Supplemental Food Program I am proud of the hard work and H.R. 3011. An act to designate the facility (CSFP)—Allocation of Administrative commitment that the farmers of Mid- of the United States Postal Service located Funds’’ (RIN0584–AD33) received on Sep- at 135 East Olive Avenue in Burbank, Cali- tember 25, 2003; to the Committee on Agri- Missouri Energy have shown in getting fornia, as the ‘‘Bob Hope Post Office build- culture, Nutrition, and Forestry. this plant built. Their efforts are cru- ing’’. EC–4486. A communication from the Execu- cial to helping our agricultural indus- The message also announced that the tive Director, Commodity Futures Trading try in Missouri and providing jobs and House has agreed to the following con- Commission, transmitting, pursuant to law, the report of a rule entitled ‘‘Denomination growth for the Missouri economy. I am current resolutions, in which it re- pleased to congratulate them, as well of Customer Funds and Location of Deposi- quests the concurrence of the Senate: tories’’ (RIN3038–AB31) received on Sep- as the farmer-investors of Missouri’s H. Con. Res. 159. Concurrent resolution de- two operative ethanol plants, North- tember 25, 2003; to the Committee on Agri- claring Emporia, Kansas, to be the founding culture, Nutrition, and Forestry. east Missouri Grain, LLC and General city of the Veterans Day holiday and recog- EC–4487. A communication from the Execu- Triangle Energy Cooperative, for all nizing the contributions of Alvin J. King and tive Director, Commodity Futures Trading that they have done to support Mis- Representative Ed Rees to the enactment Commission, transmitting, pursuant to law, souri job creation and economic into law of the observance of Veterans Day. the report of a rule entitled ‘‘In the Matter growth.∑ H. Con. Res. 282. Concurrent resolution of the New York Mercantile Exchange, Inc. honoring the life of Johnny Cash. and the Intercontinental Exchange, Inc., Pe- f The message further announced that titions for Treatment of Floor Brokers and MESSAGES FROM THE PRESIDENT the House has agreed to the amend- Floor Traders as Eligible Commercial Enti- Messages from the President of the ment of the Senate to the bill (H.R. ties Pursuant to Section 1a(11)(C) of the 3146) to extend the Temporary Assist- Commodity Exchange Act’’ received on Sep- United States were communicated to tember 25, 2003; to the Committee on Agri- the Senate by Ms. Evans, one of his ance for Needy Families block grant program, and certain tax and trade culture, Nutrition, and Forestry. secretaries. EC–4488. A communication from the Execu- programs, and for other purposes.’’. f tive Director, Commodity Futures Trading f Commission, transmitting, pursuant to law, EXECUTIVE MESSAGES REFERRED MEASURES REFERRED the report of a rule entitled ‘‘Performance As in executive session the Presiding Data and Disclosure for Commodity Trading The following bills were read the first Officer laid before the Senate messages Advisors’’ (RIN3038–AB39) received on Sep- and the second times by unanimous tember 25, 2003; to the Committee on Agri- from the President of the United consent, and referred as indicated: culture, Nutrition, and Forestry. States submitting sundry nominations H.R. 1882. An act to designate the facility EC–4489. A communication from the Execu- which were referred to the appropriate of the United States Postal Service located tive Director, Commodity Futures Trading committees. at 440 South Orange Blossom Trail in Or- Commission, transmitting, pursuant to law, (The nominations received today are lando, Florida, as the ‘‘Arthur ‘Pappy’ Ken- the report of a rule entitled ‘‘Foreign Fu- printed at the end of the Senate pro- nedy Post Office’’; to the Committee on Gov- tures and Foreign Options Transactions’’ re- ceedings.) ernmental Affairs. ceived on September 25, 2003; to the Com- H.R. 2075. An act to designate the facility mittee on Agriculture, Nutrition, and For- f of the United States Postal Service located estry. MESSAGES FROM THE HOUSE at 1905 West Blue Heron Boulevard in West EC–4490. A communication from the Execu- Palm Beach, Florida, as the ‘‘Judge Edward tive Director, Commodity Futures Trading Rodgers Post Office Building’’; to the Com- Commission, transmitting, pursuant to law, ENROLLED BILL SIGNED mittee on Governmental Affairs. the report of a rule entitled ‘‘Foreign Fu- H.R. 2086. an act to reauthorize the Office tures and Options Transactions’’ received on Under the authority of the order of of National Drug Control Policy; to the Com- September 25, 2003; to the Committee on Ag- September 30, 2003, the Secretary of the mittee on the Judiciary. riculture, Nutrition, and Forestry.

VerDate jul 14 2003 02:39 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.030 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12275 EC–4491. A communication from the Execu- report of a rule entitled ‘‘2003 Agricultural (FRL#7318–2) received on September 25, 2003; tive Director, Commodity Futures Trading Assistance Act—Crop Disaster Program and to the Committee on Agriculture, Nutrition, Commission, transmitting, pursuant to law, Livestock Assistance Program’’ (RIN0560– and Forestry. the report of a rule entitled ‘‘Account Identi- AG95) received on September 25, 2003; to the EC–4513. A communication from the Dep- fication for Bunched Orders’’ (RIN3038–AB93) Committee on Agriculture, Nutrition, and uty Associate Administrator, Environmental received on September 25, 2003; to the Com- Forestry. Protection Agency, transmitting, pursuant mittee on Agriculture, Nutrition, and For- EC–4502. A communication from the Acting to law, the report of a rule entitled estry. Under Secretary of Defense for Acquisition, ‘‘Sethoxydim; Pesticide Tolerance’’ EC–4492. A communication from the Execu- Technology, and Logistics, transmitting, (FRL#7328–6) received on September 25, 2003; tive Director, Commodity Futures Trading pursuant to law, the fiscal year 2003 Com- to the Committee on Agriculture, Nutrition, Commission, transmitting, pursuant to law, mercial Activities Report for the Depart- and Forestry. the report of a rule entitled ‘‘Amendment to ment of Defense; to the Committee on Armed EC–4514. A communication from the Dep- Appendix C of Part 40 and Redesignation as Services. uty Associate Administrator, Environmental Appendix D of Part 30’’ received on Sep- EC–4503. A communication from the Air Protection Agency, transmitting, pursuant tember 25, 2003; to the Committee on Agri- Force Federal Register Liaison Officer, to law, the report of a rule entitled ‘‘Indian culture, Nutrition, and Forestry. Plans and Policy Directorate, Department of Meal Moth Granulosis Virus; Exemption EC–4493. A communication from the Execu- the Air Force, transmitting, pursuant to law, from the Requirement of a Tolerance’’ tive Director, Commodity Futures Trading the report of a rule entitled ‘‘Title 32—Na- (FRL#7328–8) received on September 25, 2003; Commission, transmitting, pursuant to law, tional Defense, Chapter VII—Department of to the Committee on Agriculture, Nutrition, the report of a rule entitled ‘‘In the Matter the Air Force Part 809a—Installation Entry and Forestry. of Washington Mutual, Inc. and its Various Policy, Civil Disturbance Intervention and EC–4515. A communication from the Dep- Subsidiaries Request for Relief’’ received on Disaster Assistance’’ (RIN0701–AA64) uty Associate Administrator, Environmental September 25, 2003; to the Committee on Ag- EC–4504. A communication from the Prin- Protection Agency, transmitting, pursuant riculture, Nutrition, and Forestry. cipal Deputy, Office of the Under Secretary to law, the report of a rule entitled EC–4494. A communication from the Execu- of Defense, Personnel and Readiness, trans- ‘‘Glufosinate Ammonium; Pesticide Toler- tive Director, Commodity Futures Trading mitting, pursuant to law, the Department’s ance’’ (FRL#73278–9) received on September Commission, transmitting, pursuant to law, Report on the Family Subsistence Supple- 25, 2003; to the Committee on Agriculture, the report of a rule entitled ‘‘Review by the mental Allowance Program; to the Com- Nutrition, and Forestry. National Futures Association of Disclosure mittee on Armed Services. EC–4516. A communication from the Dep- Documents Required to be Filed by Com- EC–4505. A communication from the Direc- uty Associate Administrator, Environmental modity Pool Operators for Publicly-Offered tor, Defense Research and Engineering, De- Protection Agency, transmitting, pursuant Commodity Pools’’ received on September partment of Defense, transmitting, pursuant to law, the report of a rule entitled 25, 2003; to the Committee on Agriculture, to law, a report on the experience under the ‘‘Dimethomorph; Pesticide Tolerances’’ Nutrition, and Forestry. fiscal years 1999 and 2000 revitalization pilot (FRL#7327–3) received on September 25, 2003 ; EC–4495. A communication from the Execu- programs in exercising authorities provided to the Committee on Agriculture, Nutrition, tive Director, Commodity Futures Trading for the administration of programs to dem- and Forestry. Commission, transmitting, pursuant to law, onstrate improved efficiency in the perform- EC–4517. A communication from the Dep- the report of a rule entitled ‘‘Commodity ance of research, development, test, and uty Associate Administrator, Environmental Pool Operators’’ received on September 25, evaluation functions of the Department; to Protection Agency, transmitting, pursuant 2003; to the Committee on Agriculture, Nu- the Committee on Armed Services. to law, the report of a rule entitled trition, and Forestry. EC–4506. A communication from the Acting ‘‘Chlorfenapyr; Pesticide Tolerance’’ EC–4496. A communication from the Execu- Under Secretary of Defense, Department of (FRL#7320–8) received on September 25, 2003; tive Director, Commodity Futures Trading Defense, transmitting, the report of a retire- to the Committee on Agriculture, Nutrition, Commission, transmitting, pursuant to law, ment; to the Committee on Armed Services. and Forestry. the report of a rule entitled ‘‘In the Matter EC–4507. A communication from the Direc- EC–4518. A communication from the Dep- of the New York Mercantile Exchange, Inc. tor of Defense Research and Engineering, De- uty Secretary, Division of Investment Man- Petition for Interpretation Pursuant to Sec- partment of Defense, transmitting, pursuant agement, transmitting, pursuant to law, the tion 1a(12)(C) of the Commodity Exchange to law, a letter notifying the Senate of the report of a rule entitled ‘‘Custody of Funds Act’’ received on September 25, 2003; to the intention of Foreign Comparative Testing or Securities of Clients by Investment Advis- Committee on Agriculture, Nutrition, and (FCT) to fund several Fiscal Year 2004 ers’’ (RIN3235–AH26) received on September Forestry. projects; to the Committee on Armed Serv- 25, 2003; to the Committee on Banking, Hous- EC–4497. A communication from the Execu- ices. ing, and Urban Affairs. tive Director, Commodity Futures Trading EC–4508. A communication from the Prin- EC–4519. A communication from the Asso- Commission, transmitting, pursuant to law, cipal Deputy, Office of the Under Secretary ciate General Counsel, Office of General the report of a rule entitled ‘‘Customer Iden- of Defense, Personnel and Readiness, trans- Counsel, National Credit Union Administra- tification Programs for Futures Commission mitting, pursuant to law, a notice of the De- tion, transmitting, pursuant to law, the re- Merchants and Introducing Brokers’’ partment’s intention to close the combined port of a rule entitled ‘‘Loan Interest Rates, (RIN3038–AB90) received on September 25, commissary and exchange stores at Home- 12 CFR Part 701’’ received on September 25, 2003; to the Committee on Agriculture, Nu- stead Air Reserve Base, FL and Fort McClel- 2003; to the Committee on Banking, Housing, trition, and Forestry. lan, AL; to the Committee on Armed Serv- and Urban Affairs. EC–4498. A communication from the Execu- ices. EC–4520. A communication from the Assist- tive Director, Commodity Futures Trading EC–4509. A communication from the Dep- ant Secretary for Fish, Wildlife, and Parks, Commission, transmitting, pursuant to law, uty Chief of Naval Operations, Manpower Fish and Wildlife Services, Department of the report of a rule entitled ‘‘Additional Reg- and Personnel, Department of the Navy, the Interior, transmitting, pursuant to law, istration and Other Regulatory Relief for transmitting, a report of a decision to imple- the report of a rule entitled ‘‘Migratory Bird Commodity Pool Operators and Commodity ment performance by the Most Efficient Or- Hunting: Final Paperwork for Late Season Trading Advisors; Past Performance Issues’’ ganization (MEO) of Base Support Services Migratory Bird Hunting Regulations’’ (RIN3038–AB97) received on September 25, of Naval Surface Warfare/Weapons Centers in (RIN1018–AI93) received on September 25, 2003; to the Committee on Agriculture, Nu- Carderock, MD and Philadelphia, PA; to the 2003; to the Committee on Environment and trition, and Forestry. Committee on Armed Services. Public Works. EC–4499. A communication from the Direc- EC–4510. A communication from the Assist- EC–4521. A communication from the Assist- tor, Regulatory Review Group, Farm Service ant Secretary of the Army, Office of the As- ant Secretary for Fish, Wildlife, and Parks, Agency, transmitting, pursuant to law, the sistant Secretary, Financial Management Fish and Wildlife Services, Department of report of a rule entitled ‘‘Sugar Beet Dis- and Comptroller, transmitting, a copy of the the Interior, transmitting, pursuant to law, aster Program’’ (RIN0560–AH04) received on Army’s Annual Financial Statement report the report of a rule entitled ‘‘Migratory Bird September 25, 2003; to the Committee on Ag- for fiscal year 2002; to the Committee on Hunting: Regulations on Certain Federal In- riculture, Nutrition, and Forestry. Armed Services. dian Reservations and Ceded Lands for the EC–4500. A communication from the Direc- EC–4511. A communication from the Direc- 2003–04 Late Season’’ (RIN1018–AI93) received tor, Regulatory Review Group, Farm Service tor, Office of Management and Budget, Exec- on September 25, 2003; to the Committee on Agency, transmitting, pursuant to law, the utive Office of the President, transmitting, a Environment and Public Works. report of a rule entitled ‘‘Outside Storage of report on direct spending related to com- EC–4522. A communication from the Assist- Extra Long Staple Loan Cotton’’ (RIN0560– bating terrorism dated September 18, 2003; to ant Secretary for Fish, Wildlife, and Parks, AH03) received on September 25, 2003; to the the Committee on Armed Services. Fish and Wildlife Services, Department of Committee on Agriculture, Nutrition, and EC–4512. A communication from the Dep- the Interior, transmitting, pursuant to law, Forestry. uty Associate Administrator, Environmental the report of a rule entitled ‘‘Migratory Bird EC–4501. A communication from the Direc- Protection Agency, transmitting, pursuant Hunting: Late Seasons and Bag and Posses- tor, Regulatory Review Group, Farm Service to law, the report of a rule entitled sion Limits for Certain Migratory Game Agency, transmitting, pursuant to law, the ‘‘Quinoxyfen; Pesticide Tolerance’’ Birds’’ (RIN1018–AI93) received on September

VerDate jul 14 2003 02:39 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.033 S01PT1 S12276 CONGRESSIONAL RECORD — SENATE October 1, 2003 25, 2003; to the Committee on Environment Internal Revenue Service, transmitting, pur- services in the amount of $25,000,000 or more and Public Works. suant to law, the report of a rule entitled to Greece; to the Committee on Foreign Re- EC–4523. A communication from the Assist- ‘‘Bureau of Labor Statistics Price Indexes lations. ant Secretary for Fish, Wildlife, and Parks, for Department Stores—July 2003’’ (Rev. EC–4544. A communication from the Gen- Fish and Wildlife Services, Department of Rule 2003–103) received on September 25, 2003; eral Counsel, Office of Management and the Interior, transmitting, pursuant to law, to the Committee on Finance. Budget, Executive Office of the President, the report of a rule entitled ‘‘Migratory Bird EC–4534. A communication from the Acting transmitting, pursuant to law, the report of Hunting: Regulations on Certain Federal In- Chief, Publications and Regulations Branch, a nomination confirmed for the position of dian Reservations and Ceded Lands for the Internal Revenue Service, transmitting, pur- Administrator, Office of Management and 2003–04 Early Season’’ (RIN1018–AI93) re- suant to law, the report of a rule entitled Budget, Office of Federal Procurement Pol- ceived on September 25, 2003; to the Com- ‘‘Obsolete Split Dollar Rulings’’ (Rev. Rule icy, received on September 25, 2003; to the mittee on Environment and Public Works. 2003–105) received on September 25, 2003; to Committee on Governmental Affairs. EC–4524. A communication from the Dep- the Committee on Finance. EC–4545. A communication from the Sec- uty Associate Administrator, Environmental EC–4535. A communication from the Acting retary of Transportation , transmitting, pur- Protection Agency, transmitting, pursuant Chief, Publications and Regulations Branch, suant to law, the report of the Office of In- to law, the report of a rule entitled ‘‘Ap- Internal Revenue Service, transmitting, pur- spector General for the period of October 1, proval and Promulgation of Implementation suant to law, the report of a rule entitled 2002 through March 31, 2003; to the Com- Plans; Texas; Revision to Regulations for ‘‘Qualified Community Development Entity mittee on Governmental Affairs. Control of Air Pollution by Permits for New Loan Purchases’’ (Notice 2003–68) received on Construction or Modification’’ (FRL#7564–5) September 25, 2003; to the Committee on Fi- EC–4546. A communication from the Assist- received on September 25, 2003; to the Com- nance. ant General Counsel for Regulations, Office mittee on Environment and Public Works. EC–4536. A communication from the Acting of the General Counsel, Office of Special EC–4525. A communication from the Dep- Chief, Publications and Regulations Branch, Education and Rehabilitative Services, uty Associate Administrator, Environmental Internal Revenue Service, transmitting, pur- transmitting, pursuant to law, the report of Protection Agency, transmitting, pursuant suant to law, the report of a rule entitled a rule entitled ‘‘Special Demonstration Pro- to law, the report of a rule entitled ‘‘Deter- ‘‘Investments Through Multiple Qualified grams—Model Demonstrations to Improve mination of Nonattainment as of November Community Development Entities’’ (Notice the Literacy and Employment Outcomes of 15, 1999 and Reclassification of the Atlanta 1- 2003–64) received on September 25, 2003; to Individuals with Disabilities’’ (RIN1820– Hour Ozone Nonattainment Area; State of the Committee on Finance. ZA29) received on September 25, 2003; to the Georgia’’ (FRL#7563–4) received on Sep- EC–4537. A communication from the Regu- Committee on Health, Education, Labor, and tember 25, 2003; to the Committee on Envi- lations Officer, Social Security Administra- Pensions. ronment and Public Works. tion, transmitting, pursuant to law, the re- EC–4547. A communication from the Sec- EC–4526. A communication from the Dep- port of a rule entitled ‘‘Revised Medical Cri- retary of Health and Human Services, trans- uty Associate Administrator, Environmental teria for Evaluating Amyotrophic Lateral mitting, a Report on the Community Serv- Protection Agency, transmitting, pursuant Sclerosis’’ (RIN0960–AF95) received on Sep- ices Block Grand Discretionary Activities: to law, the report of a rule entitled ‘‘Na- tember 25, 2003; to the Committee on Fi- Community Economic Development Pro- tional Priorities List for Uncontrolled Haz- nance. gram projects funded during Fiscal Years ardous Waste Sites’’ (FRL#7563–8) received EC–4538. A communication from the Acting 1998 and 1999; to the Committee on Health, on September 25, 2003; to the Committee on General Counsel, Federal Emergency Man- Education, Labor, and Pensions. Environment and Public Works. agement Agency, Department of Homeland EC–4548. A communication from the Direc- EC–4527. A communication from the Dep- Security, transmitting, pursuant to law, the tor, Regulations Policy and Management uty Associate Administrator, Environmental report of a rule entitled ‘‘Final Flood Ele- Staff, Food and Drug Administration, trans- Protection Agency, transmitting, pursuant vation Determinations 68 FR 49371’’ (44 CFR mitting, pursuant to law, the report of a rule to law, the report of a rule entitled ‘‘Revi- 67) received on September 25, 2003; to the entitled ‘‘Food Additives Permitted in Feed sions to the California State Implementation Committee on Finance. and Drinking Water of Animals; Selenium Plan, Monterey Bay Unified Air Pollution EC–4539. A communication from the Acting Yeast’’ (Doc. No. 1998F–0196) received on Sep- Control District’’ (FRL#7562–8) received on General Counsel, Federal Emergency Man- tember 25, 2003; to the Committee on Health, September 25 , 2003; to the Committee on En- agement Agency, Department of Homeland Education, Labor, and Pensions. vironment and Public Works. Security, transmitting, pursuant to law, the EC–4549. A communication from the Direc- EC–4528. A communication from the Dep- report of a rule entitled ‘‘Changes in Flood tor, Office of Standards, Regulations, and uty Director, Office of Surface Mining, De- Elevation Determinations 68 FR 49365’’ (44 Variances, Mine Safety and Health Adminis- partment of the Interior, transmitting, pur- CFR 65) received on September 25, 2003; to tration, transmitting, pursuant to law, the suant to law, the report of a rule entitled the Committee on Finance. report of a rule entitled ‘‘Seat Belts for Off- ‘‘Pennsylvania Regulatory Program’’ (PA– EC–4540. A communication from the Regu- Road Work Machines and Wheeled Agricul- 135–FOR) received on September 26, 2003; to lations Officer, Social Security Administra- tural Tractors at Metal and Nonmetal the Committee on Energy and Natural Re- tion, transmitting, pursuant to law, the re- Mines’’ (RIN1219–AA98) received on Sep- sources. port of a rule entitled ‘‘Clarification of Rules tember 25, 2003; to the Committee on Health, EC–4529. A communication from the Acting Involving Functional Capacity Assessments; Education, Labor, and Pensions. Chief, Publications and Regulations Branch, Clarification of Use of Vocational Experts EC–4550. A communication from the Direc- Internal Revenue Service, transmitting, pur- and Other Sources at Step 4 of the Sequen- tor, Office of Standards, Regulations, and suant to law, the report of a rule entitled tial Evaluation Process; Incorporation of Variances, Mine Safety and Health Adminis- ‘‘Applicable Federal Rates—October 2003’’ ‘‘Special Profile’’ Into Regulations’’ tration, transmitting, pursuant to law, the (Rev. Rule 2003–107) received on September (RIN0960–AF37) received on September 25, report of a rule entitled ‘‘Standards for Sani- 25, 2003; to the Committee on Finance. 2003; to the Committee on Finance. tary Toilets in Coal Mines’’ (RIN1219–AA98) EC–4530. A communication from the Acting EC–4541. A communication from the Regu- received on September 25, 2003; to the Com- Chief, Publications and Regulations Branch, lations Coordinator, Centers for Medicare mittee on Health, Education, Labor, and Internal Revenue Service, transmitting, pur- and Medicaid Services, Department of Pensions. suant to law, the report of a rule entitled Health and Human Services, transmitting, ‘‘Special Depreciation Allowance’’ (RIN1545– pursuant to law, the report of a rule entitled EC–4551. A communication from the Assist- BC19) received on September 25, 2003; to the ‘‘Medicare and Medicaid Programs; Pay- ant General Counsel for Regulations, Office Committee on Finance. ments for Paid Feeding Assistants in Long of the General Counsel, Office of Special EC–4531. A communication from the Acting Term Care Facilities (CMS–2131–f)’’ Education and Rehabilitative Services, Chief, Publications and Regulations Branch, (RIN0938–AL04) received on September 26, transmitting, pursuant to law, the report of Internal Revenue Service, transmitting, pur- 2003; to the Committee on Finance. a rule entitled ‘‘Special Demonstration Pro- suant to law, the report of a rule entitled EC–4542. A communication from the Chief, grams—Model Demonstration Programs— ‘‘Fringe Benefits Aircraft Valuation For- Regulations Branch, Bureau of Customs and Mentoring for Transition-Age Youth and mula’’ (Rev. Rul. 2003–89) received on Sep- Border Protection, transmitting, pursuant to Young Adults With Disabilities’’ (RIN1820– tember 25, 2003; to the Committee on Fi- law, the report of a rule entitled ‘‘Pref- ZA28) received on September 25, 2003. nance. erential Treatment of Brassieres Under the EC–4552. A communication from the Direc- EC–4532. A communication from the Acting Caribbean Basin Economic Recovery Act’’ tor, Regulations Policy and Management Chief, Publications and Regulations Branch, (RIN1515–AD24) received on September 25, Staff, Food and Drug Administration, trans- Internal Revenue Service, transmitting, pur- 2003; to the Committee on Finance. mitting, pursuant to law, the report of a rule suant to law, the report of a rule entitled EC–4543. A communication from the Assist- entitled ‘‘Food Additives Permitted for Di- ‘‘Weighted Average Interest Rate Update No- ant Secretary for Legislative Affairs, De- rect Addition to Food for Human Consump- tice’’ (Notice 2003–63) received on September partment of State, transmitting, pursuant to tion; Sucrose Oligoesters’’ (Doc. No. 98F– 25, 2003; to the Committee on Finance. the Arms Export Control Act, a report of a 0717) received on September 25, 2003; to the EC–4533. A communication from the Acting certification of a proposed license for the ex- Committee on Health, Education, Labor, and Chief, Publications and Regulations Branch, port of major defense equipment and defense Pensions.

VerDate jul 14 2003 02:39 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.035 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12277 EC–4553. A communication from the Direc- S. 1690. A bill to amend the Workforce In- tion and use of DNA evidence, to provide tor, Corporate Policy and Research Depart- vestment Act of 1998 to provide for inte- post-conviction testing of DNA evidence to ment, Pension Benefit Guaranty Corpora- grated workforce training programs for exonerate the innocent, to improve the per- tion, transmitting, pursuant to law, the re- adults with limited English proficiency, and formance of counsel in State capital cases, port of a rule entitled ‘‘Benefits Payable in for other purposes; to the Committee on and for other purposes; to the Committee on Terminated Single-Employer Plans; Alloca- Health, Education, Labor, and Pensions. the Judiciary. tion of Assets in Single-Employer Plans; In- By Mr. FEINGOLD (for himself, Mr. f terest Assumptions for Valuing and Paying GRASSLEY, Mr. KENNEDY, and Mr. Benefits’’ received on September 25, 2003; to LIEBERMAN): SUBMISSION OF CONCURRENT AND the Committee on Health, Education, Labor, S. 1691. A bill to establish commissions to SENATE RESOLUTIONS and Pensions. review the facts and circumstances sur- The following concurrent resolutions rounding injustices suffered by European EC–4554. A communication from the Direc- and Senate resolutions were read, and tor, Regulations Management, Board of Vet- Americans, European Latin Americans, and erans’ Appeals, transmitting, pursuant to Jewish refugees during World War II; to the referred (or acted upon), as indicated: law, the report of a rule entitled ‘‘Board of Committee on the Judiciary. By Mr. LIEBERMAN (for himself, Mr. Veterans’ Appeals: Speeding Appellate Re- By Mr. SUNUNU: MCCAIN, and Mr. BIDEN): view for Aging Veterans’’ (RIN2900–AL08) re- S. 1692. A bill to designate the facility of S. Res. 237. A resolution welcoming the ceived on September 25, 2003; to the Com- the United States Postal Service located at public apologies issued by the President of mittee on Veterans’ Affairs. 38 Spring Street in Nashua, New Hampshire, Serbia and Montenegro and the President of EC–4555. A communication from the Direc- as the ‘‘Hugh Gregg Post Office Building’’; to the Republic of Croatia and urging other tor, Regulations Management, Board of Vet- the Committee on Governmental Affairs. leaders in the region to perform similar con- erans’ Appeals, transmitting, pursuant to By Mr. GRASSLEY (for himself and crete acts of reconciliation; to the Com- law, the report of a rule entitled ‘‘Board of Mr. BAUCUS): mittee on Foreign Relations. Veterans’ Appeals: Rules of Practice—Mo- S. 1693. A bill to amend section 35 of the In- f tions for Revision of Decisions on Grounds of ternal Revenue Code of 1986 to allow individ- Clear and Unmistakable Error: Advancement uals receiving unemployment compensation ADDITIONAL COSPONSORS on the Docket’’ (RIN2900–AJ85) received on to be eligible for a refundable, advanceable S. 139 credit for health insurance costs; to the September 25, 2003; to the Committee on Vet- At the request of Mr. LIEBERMAN, the erans’ Affairs. Committee on Finance. By Mr. BROWNBACK: names of the Senator from New Jersey f S. 1694. A bill to amend title 38, United (Mr. LAUTENBERG) and the Senator States Code to authorize the Secretary of from Florida (Mr. NELSON) were added REPORTS OF COMMITTEES Veterans Affairs to provide veterans who as cosponsors of S. 139, a bill to provide The following reports of committees participated in certain Department of De- for a program of scientific research on were submitted: fense chemical and biological warfare testing abrupt climate change, to accelerate By Mr. MCCAIN, from the Committee on to be provided health care for illness without the reduction of greenhouse gas emis- Commerce, Science, and Transportation, requirement for proof of service-connection; to the Committee on Veterans’ Affairs. sions in the United States by estab- with an amendment: lishing a market-driven system of S. 861. A bill to authorize the acquisition of By Mr. LEAHY (for himself, Mr. CRAIG, interests in undeveloped coastal areas in Mr. DURBIN, Mr. SUNUNU, and Mr. greenhouse gas tradeable allowances order to better ensure their protection from REID): that could be used interchangably with development (Rept. No. 108–158). S. 1695. A bill to provide greater oversight passenger vehicle fuel economy stand- By Mr. DOMENICI, from the Committee on over the USA PATRIOT Act; to the Com- ard credits, to limit greenhouse gas Energy and Natural Resources, with amend- mittee on the Judiciary. emissions in the United States and re- ments and with an amended preamble: By Mr. CAMPBELL (for himself and duce dependence upon foreign oil, and S.J. Res. 16. A joint resolution to approve Mr. INOUYE): S. 1696. A bill to amend the Indian Self-De- ensure benefits to consumers from the the ‘‘Compact of Free Association, as amend- trading in such allowances. ed between the Government of the United termination and Education Assistance Act States of America and the Government of to provide further self-governance by Indian S. 333 the Federated States of Micronesia’’, and the tribes; to the Committee on Indian Affairs. At the request of Mr. BREAUX, the ‘‘Compact of Free Association as amended By Mr. DODD (for himself, Mr. SAR- name of the Senator from California BANES, and Mr. REED): between the Government of the United (Mrs. BOXER) was added as a cosponsor States of America and the Government of S. 1697. A bill to establish the elderly hous- ing plus health support demonstration pro- of S. 333, a bill to promote elder jus- the Republic of the Marshall Islands’’, and tice, and for other purposes. otherwise to amend Public Law 99–239, and gram to modernize public housing for elderly S. 349 to appropriate for the purposes of amended and disabled persons; to the Committee on Public Law 99–239 for fiscal years ending on Banking, Housing, and Urban Affairs. At the request of Mrs. FEINSTEIN, the or before September 30, 2023, and for other By Mr. ENZI (for himself, Mr. GREGG, name of the Senator from Michigan purposes (Rept. No. 108–159). Mr. BOND, and Mr. SANTORUM): (Ms. STABENOW) was added as a cospon- S. 1698. A bill to amend title I of the Em- sor of S. 349, a bill to amend title II of f ployee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to the Social Security Act to repeal the EXECUTIVE REPORTS OF promote the provision of retirement invest- Government pension offset and wind- COMMITTEES ment advice to workers managing their re- fall elimination provisions. The following executive reports of tirement income assets; to the Committee on S. 767 committees were submitted: Health, Education, Labor, and Pensions. At the request of Mr. SMITH, the By Mr. INHOFE: name of the Senator from Nebraska By Mr. WARNER for the Committee on S. 1699. A bill to amend the Head Start Act Armed Services. to require parental consent for non- (Mr. HAGEL) was added as a cosponsor Army nomination of Lt. Gen. George W. emergency intrusive physical examinations; of S. 767, a bill to amend the Internal Casey, Jr. to the Committee on Health, Education, Revenue Code of 1986 to repeal the in- Navy nomination of Rear Adm. David C. Labor, and Pensions. crease in the tax on social security Nichols, Jr. By Mr. HATCH (for himself, Mr. BIDEN, benefits. (Nominations without an asterisk Mr. SPECTER, Mr. LEAHY, Mr. S. 894 DEWINE, Mrs. FEINSTEIN, Mr. SMITH, were reported with the recommenda- At the request of Mr. WARNER, the Mr. KENNEDY, Ms. COLLINS, Mr. SCHU- tion that they be confirmed.) name of the Senator from Ohio (Mr. MER, Mr. WARNER, Mr. DURBIN, Mr. f CAMPBELL, Mr. KOHL, Mrs. CLINTON, VOINOVICH) was added as a cosponsor of Ms. CANTWELL, Mrs. MURRAY, and Ms. S. 894, a bill to require the Secretary of INTRODUCTION OF BILLS AND LANDRIEU): the Treasury to mint coins in com- JOINT RESOLUTIONS S. 1700. A bill to eliminate the substantial memoration of the 230th Anniversary The following bills and joint resolu- backlog of DNA samples collected from of the United States Marine Corps, and tions were introduced, read the first crime scenes and convicted offenders, to im- to support construction of the Marine prove and expand the DNA testing capacity Corps Heritage Center. and second times by unanimous con- of Federal, State, and local crime labora- sent, and referred as indicated: tories, to increase research and development S. 1019 By Mr. BINGAMAN (for himself and of new DNA testing technologies, to develop At the request of Mr. DEWINE, the Mr. BOND): new training programs regarding the collec- name of the Senator from Kansas (Mr.

VerDate jul 14 2003 02:39 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.036 S01PT1 S12278 CONGRESSIONAL RECORD — SENATE October 1, 2003 ROBERTS) was added as a cosponsor of liative and end-of-life care provided to S. 1691. A bill to establish commis- S. 1019, a bill to amend titles 10 and 18, children with life-threatening condi- sions to review the facts and cir- United States Code, to protect unborn tions, and for other purposes. cumstances surrounding injustices suf- victims of violence. S. 1630 fered by European Americans, Euro- S. 1083 At the request of Mrs. CLINTON, the pean Latin Americans, and Jewish ref- At the request of Mr. LUGAR, the name of the Senator from Nebraska ugees during World War II; to the Com- name of the Senator from North Caro- (Mr. NELSON) was added as a cosponsor mittee on the Judiciary. Mr. FEINGOLD. Mr. President, today lina (Mr. EDWARDS) was added as a co- of S. 1630, a bill to facilitate nation- I introduce the Wartime Treatment sponsor of S. 1083, a bill to give States wide availability of 2–1–1 telephone Study Act. This bill would create two the flexibility to reduce bureaucracy service for information and referral fact-finding commissions: one commis- by streamlining enrollment processes services, and for other purposes. sion to review the U.S. Government’s for the medicaid and State children’s S. 1634 treatment of German Americans, health insurance programs through At the request of Mr. BIDEN, the Italian Americans, and European Latin better linkages with programs pro- name of the Senator from Rhode Island Americans during World War II and an- viding nutrition and related assistance (Mr. CHAFEE) was added as a cosponsor other commission to review the U.S. to low-income families. of S. 1634, a bill to provide funds for the Government’s treatment of Jewish ref- S. 1177 security and stabilization of Iraq by ugees fleeing Nazi persecution during At the request of Mr. KOHL, the suspending a portion of the reductions World War II. This bill is long overdue. names of the Senator from South Da- in the highest income tax rate for indi- I am very pleased that my distin- kota (Mr. JOHNSON) and the Senator vidual taxpayers. guished colleagues, Senators GRASS- from Georgia (Mr. MILLER) were added S. 1670 LEY, KENNEDY, and LIEBERMAN, have as cosponsors of S. 1177, a bill to ensure At the request of Mr. DAYTON, the joined me as cosponsors of this impor- the collection of all cigarette taxes, name of the Senator from Maine (Ms. tant bill. I thank them for their sup- and for other purposes. COLLINS) was added as a cosponsor of S. port. S. 1380 1670, a bill to expand the Rest and Re- The Allied victory in the Second At the request of Mr. SMITH, the cuperation Leave program for members World War was an American triumph, a name of the Senator from Michigan of the Armed Forces serving in the triumph for freedom, justice, and (Ms. STABENOW) was added as a cospon- Iraqi theater of operations in support human rights. The courage displayed sor of S. 1380, a bill to distribute uni- of Operation Iraqi Freedom to include by so many Americans, of all ethnic versal service support equitably travel and transportation to the mem- origins, should be a source of great throughout rural America, and for bers’ permanent station or home. pride for all Americans. other purposes. But, as so many brave Americans S. 1683 fought against enemies in Europe and S. 1394 At the request of Mr. VOINOVICH, the the Pacific, here, at home, the U.S. At the request of Mr. HARKIN, the name of the Senator from Maine (Ms. Government was curtailing the free- name of the Senator from Louisiana COLLINS) was added as a cosponsor of S. dom of some of its own people. While, (Mr. BREAUX) was added as a cosponsor 1683, a bill to provide for a report on it is, of course, the right of every na- of S. 1394, a bill to establish a dem- the parity of pay and benefits among tion to protect itself during wartime, onstration project under the medicaid Federal law enforcement officers and the U.S. Government must respect the program to encourage the provision of to establish an exchange program be- basic freedoms for which so many community-based services to individ- tween Federal law enforcement em- Americans have given their lives to de- uals with disabilities. ployees and State and local law en- fend. War tests our principles and our S. 1431 forcement employees. values. And as our Nation’s recent ex- At the request of Mr. LAUTENBERG, S. 1686 perience has shown, it is during times the names of the Senator from New At the request of Mr. GRASSLEY, the of war and conflict, when our fears are York (Mrs. CLINTON) and the Senator names of the Senator from Tennessee high and our principles are tested from Maryland (Mr. SARBANES) were (Mr. ALEXANDER) and the Senator from most, that we must be even more vigi- added as cosponsors of S. 1431, a bill to Maine (Ms. COLLINS) were added as co- lant to guard against violations of the reauthorize the assault weapons ban, sponsors of S. 1686, a bill to reauthorize Constitution. and for other purposes. the adoption incentive payments pro- Many Americans are aware of the S. 1531 gram under part E of title IV of the So- fact that, during World War II, under At the request of Mr. HATCH, the cial Security Act, and for other pur- the authority of Executive Order 9066, name of the Senator from New York poses. our Government forced more than (Mrs. CLINTON) was added as a cospon- S. CON. RES. 67 100,000 ethnic Japanese from their homes into internment camps. Japa- sor of S. 1531, a bill to require the Sec- At the request of Mr. COCHRAN, the nese Americans were forced to leave retary of the Treasury to mint coins in name of the Senator from South Da- their homes, their livelihoods, and commemoration of Chief Justice John kota (Mr. DASCHLE) was added as a co- their communities and were held be- Marshall. sponsor of S. Con. Res. 67, a concurrent hind barbed wire and military guard by S. 1545 resolution expressing the need for en- their own government. Through the At the request of Mr. HATCH, the hanced public awareness of traumatic work of the Commission on Wartime names of the Senator from North Caro- brain injury and supporting the des- Relocation and Internment of Civilians DWARDS ignation of a National Brain Injury lina (Mr. E ) and the Senator created by Congress in 1980, this PECTER Awareness Month. from Pennsylvania (Mr. S ) were shameful event finally received the of- added as cosponsors of S. 1545, a bill to S. RES. 231 ficial acknowledgement and condemna- amend the Illegal Immigration Reform At the request of Mr. FEINGOLD, the tion it deserved. Under the Civil Lib- and Immigrant Responsibility Act of name of the Senator from South Da- erties Act of 1988, people of Japanese 1996 to permit States to determine kota (Mr. DASCHLE) was added as a co- ancestry who were subjected to reloca- State residency for higher education sponsor of S. Res. 231, a resolution tion or internment later received an purposes and to authorize the cancella- commending the Government and peo- apology and reparations on behalf of tion of removal and adjustment of sta- ple of Kenya. the people of the United States. tus of certain alien students who are f While I commend our Government for long-term United States residents. finally recognizing and apologizing for S. 1629 STATEMENTS ON INTRODUCED the mistreatment of Japanese Ameri- At the request of Mr. DEWINE, the BILLS AND JOINT RESOLUTIONS cans during World War II, I believe name of the Senator from Washington By Mr. FEINGOLD (for himself, that it is time that the government (Mrs. MURRAY) was added as a cospon- Mr. GRASSLEY, Mr. KENNEDY, also acknowledge the mistreatment ex- sor of S. 1629, a bill to improve the pal- and Mr. LIEBERMAN): perienced by many German Americans,

VerDate jul 14 2003 02:39 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.040 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12279 Italian Americans, and European Latin years ago, it is never too late for Amer- most to be exchanged for Americans and Americans, as well as Jewish refugees. icans to learn from these tragedies. We Latin Americans held in those nations. The Wartime Treatment Study Act should never allow this part of our na- (8) Millions of European Americans served would create two independent, fact- tion’s history to repeat itself. And, in the armed forces and thousands sacrificed their lives in defense of the United States. finding commissions to review this un- while we should be proud of our Na- (9) The wartime policies of the United fortunate history, so that Americans tion’s triumph in World War II, we States Government were devastating to the can understand why it happened and should not let that justifiable pride Italian Americans and German American work to ensure that it never happens blind us to the treatment of some communities, individuals and their families. again. One commission will review the Americans by their own government. The detrimental effects are still being expe- treatment by the U.S. Government of I urge my colleagues to join me in rienced. German Americans, Italian Americans, supporting the Wartime Treatment (10) Prior to and during World War II, the and other European Americans, as well United States restricted the entry of Jewish study Act. It is time for a full account- refugees who were fleeing persecution and as European Latin Americans, during ing of this tragic chapter in our Na- sought safety in the United States. During World War II. tion’s history. the 1930’s and 1940’s, the quota system, immi- I believe that most Americans are I ask that the text of the Wartime gration regulations, visa requirements, and unaware that, as was the case with Treatment Study Act be printed in the the time required to process visa applica- Japanese Americans, approximately RECORD. tions affected the number of Jewish refugees, 11,000 ethnic Germans, 3,200 ethnic There being no objection, the bill was particularly those from Germany and Aus- Italians, and scores of Bulgarians, Hun- ordered to be printed in the RECORD, as tria, who could gain admittance to the garians, Romanians or other European follows: United States. (11) Time is of the essence for the estab- Americans living in America were S. 1691 lishment of commissions, because of the in- taken from their homes and placed in Be it enacted by the Senate and House of Rep- creasing danger of destruction and loss of internment camps during World War II. resentatives of the United States of America in relevant documents, the advanced age of po- We must learn from our history and ex- Congress assembled, tential witnesses and, most importantly, the plore why we turned on our fellow SECTION 1. SHORT TITLE. advanced age of those affected by the United Americans and failed to protect basic This Act may be cited as the ‘‘Wartime States Government’s policies. Many who suf- freedoms. Treatment Study Act’’. fered have already passed away and will never know of this effort. A second commission created by this SEC. 2. FINDINGS. bill will review the treatment by the Congress makes the following findings: SEC. 3. DEFINITIONS. U.S. Government of Jewish refugees (1) During World War II, the United States In this Act: successfully fought the spread of Nazism and (1) DURING WORLD WAR II.—The term ‘‘dur- who were fleeing Nazi persecution and ing World War II’’ refers to the period be- genocide. We must review the facts and fascism by Germany, Italy, and Japan. (2) Nazi Germany persecuted and engaged tween September 1, 1939, through December determine how our restrictive immi- in genocide against Jews and certain other 31, 1948. gration policies failed to provide ade- groups. By the end of the war, 6,000,000 Jews (2) EUROPEAN AMERICANS.— quate safe harbor to Jewish refugees had perished at the hands of Nazi Germany. (A) IN GENERAL.—The term ‘‘European fleeing the persecution of Nazi Ger- United States Government policies, however, Americans’’ refers to United States citizens many. The United States turned away restricted entry to the United States to Jew- and permanent resident aliens of European thousands of refugees, delivering many ish and other refugees who sought safety ancestry, including Italian Americans, Ger- from Nazi persecution. man Americans, Hungarian Americans, Ro- refugees to their deaths at the hands of manian Americans, and Bulgarian Ameri- the Nazi regime. (3) While we were at war, the United States treated the Japanese American, German cans. As I mentioned earlier, there has American, and Italian American commu- (B) ITALIAN AMERICANS.—The term ‘‘Italian been a measure of justice for Japanese nities as suspect. Americans’’ refers to United States citizens Americans who were denied their lib- (4) The United States Government should and permanent resident aliens of Italian an- erty and property. It is now time for conduct an independent review to assess cestry. the U.S. Government to complete an fully and acknowledge these actions. Con- (C) GERMAN AMERICANS.—The term ‘‘Ger- accounting of this period in our Na- gress has previously reviewed the United man Americans’’ refers to United States citi- States Government’s wartime treatment of zens and permanent resident aliens of Ger- tion’s history. It is time to create inde- man ancestry. pendent, fact-finding commissions to Japanese Americans through the Commis- sion on Wartime Relocation and Internment (3) EUROPEAN LATIN AMERICANS.—The term conduct a full and through review of of Civilians. An independent review of the ‘‘European Latin Americans’’ refers to per- the treatment of all European Ameri- treatment of German Americans and Italian sons of European ancestry, including Italian cans, European Latin Americans, and Americans and of Jewish refugees fleeing or German ancestry, residing in a Latin Jewish refugees during World War II. persecution and genocide has not yet been American nation during World War II. Up to this point, there has been no undertaken. TITLE I—COMMISSION ON WARTIME justice for the thousands of German (5) During World War II, the United States TREATMENT OF EUROPEAN AMERICANS Americans, Italian Americans, and Government branded as ‘‘enemy aliens’’ SEC. 101. ESTABLISHMENT OF COMMISSION ON other European Americans who were more than 600,000 Italian-born and 300,000 WARTIME TREATMENT OF EURO- branded ‘‘enemy aliens’’ and then German-born United States resident aliens PEAN AMERICANS. and their families and required them to (a) IN GENERAL.—There is established the taken from their homes, subjected to carry Certificates of Identification, limited Commission on Wartime Treatment of Euro- curfews, limited in their travel, de- their travel, and seized their personal prop- pean Americans (referred to in this title as prived of their personal property, and, erty. At that time, these groups were the the ‘‘European American Commission’’). in the worst cases, placed in intern- two largest foreign-born groups in the (b) MEMBERSHIP.—The European American ment camps. United States. Commission shall be composed of 7 members, There has been no justice for Euro- (6) During World War II, the United States who shall be appointed not later than 90 days pean Latin Americans who were Government arrested, interned or otherwise after the date of enactment of this Act as shipped to the United States and some- detained thousands of European Americans, follows: some remaining in custody for years after (1) Three members shall be appointed by times repatriated or deported to hos- cessation of World War II hostilities, and re- the President. tile, war-torn European Axis powers, patriated, exchanged, or deported European (2) Two members shall be appointed by the often in exchange for Americans being Americans, including American-born chil- Speaker of the House of Representatives, in held in those countries. dren, to hostile, war-torn European Axis na- consultation with the minority leader. Finally, there has been no justice for tions, many to be exchanged for Americans (3) Two members shall be appointed by the the thousands of Jews, like those held in those nations. majority leader of the Senate, in consulta- aboard the German vessel the St Louis, (7) Pursuant to a policy coordinated by the tion with the minority leader. who sought refuge from hostile Nazi United States with Latin American coun- (c) TERMS.—The term of office for members tries, many European Latin Americans, in- shall be for the life of the European Amer- treatment but were callously turned cluding German and Austrian Jews, were ican Commission. A vacancy in the European away at America’s shores. captured, shipped to the United States and American Commission shall not affect its Although the injustices to European interned. Many were later expatriated, repa- powers, and shall be filled in the same man- Americans, European Latin Americans, triated or deported to hostile, war-torn Eu- ner in which the original appointment was and Jewish refugees occurred fifty ropean Axis nations during World War II, made.

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(d) REPRESENTATION.—The European Amer- (4) A recommendation of appropriate rem- reimbursement from funds of the Commis- ican Commission shall include 2 members edies, including how civil liberties can be sion in such amounts as may be agreed upon representing the interests of Italian Ameri- better protected during war, or an actual, at- by the Chairman of the Commission and the cans and 2 members representing the inter- tempted, or threatened invasion or incur- Administrator; ests of German Americans. sion, an assessment of the continued viabil- (5) procure supplies, services, and property (e) MEETINGS.—The President shall call the ity of the Alien Enemies Acts (50 U.S.C. 21– by contract in accordance with applicable first meeting of the European American 24), and public education programs related to laws and regulations and to the extent or in Commission not later than 120 days after the the United States Government’s wartime such amounts as are provided in appropria- date of enactment of this Act. treatment of European Americans and Euro- tion Acts; and (f) QUORUM.—Four members of the Euro- pean Latin Americans during World War II. (6) enter into contracts with Federal or pean American Commission shall constitute (c) FIELD HEARINGS.—The European Amer- State agencies, private firms, institutions, a quorum, but a lesser number may hold ican Commission shall hold public hearings and agencies for the conduct of research or hearings. in such cities of the United States as it surveys, the preparation of reports, and (g) CHAIRMAN.—The European American deems appropriate. other activities necessary to the discharge of Commission shall elect a Chairman and Vice (d) REPORT.—The European American Com- the duties of the Commission, to the extent Chairman from among its members. The mission shall submit a written report of its or in such amounts as are provided in appro- term of office of each shall be for the life of findings and recommendations to Congress priation Acts. the European American Commission. not later than 18 months after the date of SEC. 105. AUTHORIZATION OF APPROPRIATIONS. (h) COMPENSATION.— (1) IN GENERAL.—Members of the European the first meeting called pursuant to section From funds currently authorized to the American Commission shall serve without 101(e). Department of Justice, there are authorized pay. SEC. 103. POWERS OF THE EUROPEAN AMERICAN to be appropriated not to exceed $500,000 to (2) REIMBURSEMENT OF EXPENSES.—All COMMISSION. carry out the purposes of this title. members of the European American Commis- (a) IN GENERAL.—The European American SEC. 106. SUNSET. sion shall be reimbursed for reasonable trav- Commission or, on the authorization of the The European American Commission shall el and subsistence, and other reasonable and Commission, any subcommittee or member terminate 60 days after it submits its report necessary expenses incurred by them in the thereof, may, for the purpose of carrying out to Congress. the provisions of this title, hold such hear- performance of their duties. TITLE II—COMMISSION ON WARTIME ings and sit and act at such times and places, SEC. 102. DUTIES OF THE EUROPEAN AMERICAN TREATMENT OF JEWISH REFUGEES COMMISSION. and request the attendance and testimony of (a) IN GENERAL.—It shall be the duty of the such witnesses and the production of such SEC. 201. ESTABLISHMENT OF COMMISSION ON European American Commission to review books, records, correspondence, memo- WARTIME TREATMENT OF JEWISH REFUGEES. the United States Government’s wartime randum, papers, and documents as the Com- (a) IN GENERAL.—There is established the treatment of European Americans and Euro- mission or such subcommittee or member Commission on Wartime Treatment of Jew- pean Latin Americans as provided in sub- may deem advisable. The European Amer- ish Refugees (referred to in this title as the section (b). ican Commission may request the Attorney ‘‘Jewish Refugee Commission’’). (b) SCOPE OF REVIEW.—The European General to invoke the aid of an appropriate American Commission’s review shall include (b) MEMBERSHIP.—The Jewish Refugee United States district court to require, by Commission shall be composed of 7 members, the following: subpoena or otherwise, such attendance, tes- (1) A comprehensive review of the facts and who shall be appointed not later than 90 days timony, or production. after the date of enactment of this Act as circumstances surrounding United States OVERNMENT INFORMATION AND CO- (b) G follows: Government actions during World War II OPERATION.—The European American Com- that violated the civil liberties of European (1) Three members shall be appointed by mission may acquire directly from the head the President. Americans and European Latin Americans of any department, agency, independent in- pursuant to the Alien Enemies Acts (50 (2) Two members shall be appointed by the strumentality, or other authority of the ex- Speaker of the House of Representatives, in U.S.C. 21–24), Presidential Proclamations ecutive branch of the Government, available 2526, 2527, 2655, 2662, Executive Orders 9066 consultation with the Minority Leader. information that the European American (3) Two members shall be appointed by the and 9095, and any directive of the United Commission considers useful in the dis- States Government pursuant to such law, Majority Leader of the Senate, in consulta- charge of its duties. All departments, agen- tion with the minority leader. proclamations, or executive orders respect- cies, and independent instrumentalities, or ing the registration, arrest, exclusion, in- (c) TERMS.—The term of office for members other authorities of the executive branch of shall be for the life of the Jewish Refugee ternment, exchange, or deportment of Euro- the Government shall cooperate with the Eu- pean Americans and European Latin Ameri- Commission. A vacancy in the Jewish Ref- ropean American Commission and furnish all cans. This review shall include an assess- ugee Commission shall not affect its powers, information requested by the European ment of the underlying rationale of the and shall be filled in the same manner in American Commission to the extent per- United States Government’s decision to de- which the original appointment was made. mitted by law, including information col- velop related programs and policies, the in- (d) REPRESENTATION.—The Jewish Refugee lected as a result of Public Law 96–317 and formation the United States Government re- Commission shall include 2 members rep- Public Law 106–451. For purposes of the Pri- ceived or acquired suggesting the related resenting the interests of Jewish refugees. vacy Act (5 U.S.C. 552a(b)(9)), the European programs and policies were necessary, the (e) MEETINGS.—The President shall call the American Commission shall be deemed to be perceived benefit of enacting such programs first meeting of the Jewish Refugee Commis- and policies, and the immediate and long- a committee of jurisdiction. sion not later than 120 days after the date of term impact of such programs and policies SEC. 104. ADMINISTRATIVE PROVISIONS. enactment of this Act. on European Americans and European Latin The European American Commission is au- (f) QUORUM.—Four members of the Jewish Americans and their communities. thorized to— Refugee Commission shall constitute a (2) A review of United States Government (1) appoint and fix the compensation of quorum, but a lesser number may hold hear- action with respect to European Americans such personnel as may be necessary, without ings. pursuant to the Alien Enemies Acts (50 regard to the provisions of title 5, United (g) CHAIRMAN.—The Jewish Refugee Com- U.S.C. 21–24) and Executive Order 9066 during States Code, governing appointments in the mission shall elect a Chairman and Vice World War II, including registration require- competitive service, and without regard to Chairman from among its members. The ments, travel and property restrictions, es- the provisions of chapter 51 and subchapter term of office of each shall be for the life of tablishment of restricted areas, raids, ar- III of chapter 53 of such title relating to clas- the Jewish Refugee Commission. rests, internment, exclusion, policies relat- sification and General Schedule pay rates, (h) COMPENSATION.— ing to the families and property that except that the compensation of any em- (1) IN GENERAL.—Members of the Jewish excludees and internees were forced to aban- ployee of the Commission may not exceed a Refugee Commission shall serve without pay. don, internee employment by American com- rate equivalent to the rate payable under (2) REIMBURSEMENT OF EXPENSES.—All panies (including a list of such companies GS–15 of the General Schedule under section members of the Jewish Refugee Commission and the terms and type of employment), ex- 5332 of such title; shall be reimbursed for reasonable travel and change, repatriation, and deportment, and (2) obtain the services of experts and con- subsistence, and other reasonable and nec- the immediate and long-term effect of such sultants in accordance with the provisions of essary expenses incurred by them in the per- actions, particularly internment, on the section 3109 of such title; formance of their duties. lives of those affected. This review shall in- (3) obtain the detail of any Federal Govern- SEC. 202. DUTIES OF THE JEWISH REFUGEE COM- clude a list of all temporary detention and ment employee, and such detail shall be MISSION. long-term internment facilities. without reimbursement or interruption or (a) IN GENERAL.—It shall be the duty of the (3) A brief review of the participation by loss of civil service status or privilege; Jewish Refugee Commission to review the European Americans in the United States (4) enter into agreements with the Admin- United States Government’s refusal to allow Armed Forces including the participation of istrator of General Services for procurement Jewish and other refugees fleeing persecu- European Americans whose families were ex- of necessary financial and administrative tion in Europe entry to the United States as cluded, interned, repatriated, or exchanged. services, for which payment shall be made by provided in subsection (b).

VerDate jul 14 2003 02:39 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.044 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12281 (b) SCOPE OF REVIEW.—The Jewish Refugee (2) obtain the services of experts and con- ity bill made a difference. The S–CHIP Commission’s review shall cover the period sultants in accordance with the provisions of program made a difference. I believe between January 1, 1933, through December section 3109 of such title; Medical Savings Accounts and the 31, 1945, and shall include, to the greatest ex- (3) obtain the detail of any Federal Govern- small group market reforms we made tent practicable, the following: ment employee, and such detail shall be (1) A review of the United States Govern- without reimbursement or interruption or in HIPAA all have made a difference in ment’s refusal to allow Jewish and other ref- loss of civil service status or privilege; controlling what would otherwise be a ugees fleeing persecution and genocide entry (4) enter into agreements with the Admin- much larger number of people without to the United States, including a review of istrator of General Services for procurement health insurance. the underlying rationale of the United of necessary financial and administrative This year, Congress, in a bipartisan States Government’s decision to refuse the services, for which payment shall be made by way, put $50 billion into a reserve fund Jewish and other refugees entry, the infor- reimbursement from funds of the Commis- to address the rising number of unin- mation the United States Government re- sion in such amounts as may be agreed upon sured. The year is more than almost ceived or acquired suggesting such refusal by the Chairman of the Commission and the was necessary, the perceived benefit of such over, and nothing has been done, or Administrator; even discussed. refusal, and the impact of such refusal on the (5) procure supplies, services, and property refugees. by contract in accordance with applicable I will not let a bipartisan consensus (2) A review of Federal refugee policy re- laws and regulations and to the extent or in to spend $50 billion on improving ac- lating to those fleeing persecution or geno- such amounts as are provided in appropria- cess to health insurance lay there on cide, including recommendations for making tion Acts; and the table. Iowans expect us to do get it easier for future victims of persecution or (6) enter into contracts with Federal or things done. genocide to obtain refuge in the United State agencies, private firms, institutions, And to get anything, even something States. and agencies for the conduct of research or small, done on a problem this big, it’s (c) FIELD HEARINGS.—The Jewish Refugee surveys, the preparation of reports, and Commission shall hold public hearings in got to be bipartisan. That’s why I am other activities necessary to the discharge of glad to be building on my work with such cities of the United States as it deems the duties of the Commission, to the extent Senator BAUCUS and making this im- appropriate. or in such amounts as are provided in appro- (d) REPORT.—The Jewish Refugee Commis- priation Acts. portant, novel program available to sion shall submit a written report of its find- more Americans. SEC. 205. AUTHORIZATION OF APPROPRIATIONS. ings and recommendations to Congress not I am looking forward to exploring later than 18 months after the date of the From funds currently authorized to the Department of Justice, there are authorized still more options in the Finance Com- first meeting called pursuant to section mittee on reducing the uninsured in 201(e). to be appropriated not to exceed $500,000 to the weeks and months ahead. SEC. 203. POWERS OF THE JEWISH REFUGEE carry out the purposes of this title. COMMISSION. SEC. 206. SUNSET. Mr. BAUCUS. Mr. President, I rise (a) IN GENERAL.—The Jewish Refugee Com- The Jewish Refugee Commission shall ter- today to introduce the Health Care Tax mission or, on the authorization of the Com- minate 60 days after it submits its report to Credit Expansion Act of 2003. mission, any subcommittee or member Congress. According to the most recent census thereof, may, for the purpose of carrying out Amend the title so as to read: ‘‘A bill to es- figures, more than 41 million Ameri- the provisions of this title, hold such hear- tablish commissions to review the facts and cans lack health insurance coverage. ings and sit and act at such times and places, circumstances surrounding injustices suf- More than the population of 23 States, and request the attendance and testimony of fered by European Americans, European plus the District of Columbia. As pre- such witnesses and the production of such Latin Americans, and Jewish refugees during miums sky rocket and the unemploy- books, records, correspondence, memo- World War II.’’. randum, papers, and documents as the Com- ment rate remains high—despite signs of economic recovery—I worry that mission or such subcommittee or member By Mr. GRASSLEY (for himself may deem advisable. The Jewish Refugee this number may grow even higher. and Mr. BAUCUS): For America’s uninsured, the con- Commission may request the Attorney Gen- S. 1693. A bill to amend section 35 of eral to invoke the aid of an appropriate sequences of going without health cov- United States district court to require, by the Internal Revenue Code of 1986 to erage can be devastating. subpoena or otherwise, such attendance, tes- allow individuals receiving unemploy- Put plainly, uninsured Americans are timony, or production. ment compensation to be eligible for a less healthy than those with health in- (b) GOVERNMENT INFORMATION AND CO- refundable, advanceable credit for surance. They delay seeking medical OPERATION.—The Jewish Refugee Commis- health insurance costs; to the Com- care or go without treatment alto- sion may acquire directly from the head of mittee on Finance. gether that could prevent and detect any department, agency, independent instru- Mr. GRASSLEY. Mr. President, mentality, or other authority of the execu- crippling illnesses. Illnesses like diabe- tive branch of the Government, available in- today I am pleased to introduce, along tes, heart disease, and cancer. The un- formation that the Jewish Refugee Commis- with Senator BAUCUS, an extension of a insured are far less likely to receive sion considers useful in the discharge of its bipartisan policy to help reduce the health services if they are injured or duties. All departments, agencies, and inde- number of people living without health become ill. They don’t fill prescrip- pendent instrumentalities, or other authori- insurance today. tions that their doctors recommend. ties of the executive branch of the Govern- In simplist terms, our bill extends These factors take an enormous per- ment shall cooperate with the Jewish Ref- the 65 percent credit offered to people sonal toll on the lives of the uninsured. ugee Commission and furnish all information eligible for trade adjustment assist- requested by the Jewish Refugee Commission They are sicker and less productive. to the extent permitted by law, including in- ance, and to certain PBGC bene- Their children are less likely to survive formation collected as a result of Public Law ficiaries, to those workers eligible for past infancy. And they must struggle 96–317 and Public Law 106–451. For purposes unemployment insurance. with the knowledge that a serious in- of the Privacy Act (5 U.S.C. 552a(b)(9)), the Is it perfect policy? No. Does it jury or illness in their family might Jewish Refugee Commission shall be deemed ‘‘solve’’ the problem of the uninsured? push them to the brink of financial to be a committee of jurisdiction. it does not. ruin. SEC. 204. ADMINISTRATIVE PROVISIONS. But it’s an important step in the And there is also the impact on the The Jewish Refugee Commission is author- right direction. I do not subscribe to rest of the U.S. economy that must be ized to— (1) appoint and fix the compensation of the view that ‘‘incrementalism’’ when taken into account. Because when the such personnel as may be necessary, without it comes to covering the uninsured, is uninsured become so sick that they regard to the provisions of title 5, United dead. must finally seek emergency treat- States Code, governing appointments in the With census figures showing the ment, there is often no one to pay for competitive service, and without regard to number of Americans living without it. No insurance company. No govern- the provisions of chapter 51 and subchapter health insurance increasing, even ment program. III of chapter 53 of such title relating to clas- small steps are steps in the right direc- So who absorbs the cost of uncom- sification and General Schedule pay rates, tion. pensated medical care? We all do. In except that the compensation of any em- ployee of the Commission may not exceed a Incrementalism has made a dif- the form of higher health care costs. rate equivalent to the rate payable under ference. For example, the few million Higher and higher premiums at a time GS–15 of the General Schedule under section people we covered with this tax credit when the cost of health care is already 5332 of such title; in last year’s trade promotion author- rising out of control.

VerDate jul 14 2003 03:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.044 S01PT1 S12282 CONGRESSIONAL RECORD — SENATE October 1, 2003 The situation is becoming critical. And while 65 percent may qualify for By Mr. BROWNBACK: And I believe the time for talking has COBRA continuation coverage, only 7 S. 1694. A bill to amend title 38, ended. It is time for us to examine so- percent can afford to enroll. That is United States Code to authorize the lutions instead of talking about the not surprising. Premiums for this cov- Secretary of Veterans Affairs to pro- problem. erage average almost $700 a month for vide veterans who participated in cer- That is why I have joined with my family coverage and $250 for individual tain Department of Defense chemical colleague, chairman of the Senate Fi- coverage. A very high price, given the and biological warfare testing to be nance Committee, Senator CHUCK average $1,100 monthly UI check. provided health care for illness without GRASSLEY, to introduce this important Last year, when we debated the eco- requirement for proof of service-con- piece of legislation. nomic recovery package, both Repub- nection; to the Committee on Vet- Our bill would provide health care as- licans and Democrats proposed to ex- erans’ Affairs. sistance to the unemployed—one spe- pand health coverage for unemployed Mr. BROWNBACK. Mr. President, I cific category of those without health workers. There was almost universal rise today to introduce the Health Care insurance. And one where we believe agreement that this population de- for Veterans of Project 112/Project there is agreement to move forward. served help and attention. So I think SHAD Act of 2003. This bill will author- More specifically, this bill would ex- it’s a good place for us to start from ize health care assistance for veterans pand the 65 percent refundable, this year. who participated in specific Depart- advanceable tax credit that is cur- WHY A TAX CREDIT? ment of Defense chemical and biologi- rently provided under the Trade Ad- There’s been a lot of debate about the cal warfare testing without any re- justment Assistance program to work- best way to expand health insurance quirements related to proof of service- ers receiving unemployment benefits. coverage to the uninsured. Most Demo- connection for their illness. By building on the structure that crats favor expanding public programs Project 112 consisted of a series of Congress put in place last year under like Medicaid and CHIP, and har- cold war chemical, nuclear, and bio- the Trade Act, we make it more likely logical tests conducted both at sea and that unemployed workers can receive nessing the power of the group insur- ance market to provide affordable cov- over land from 1962 to 1973. This project benefits in a timely manner. Without was one of 150 military initiatives de- significant implementation and start- erage options. Most Republicans, however, favor a signed to identify U.S. military per- up time. sonnel and warship vulnerabilities to And by building on the historic more market-based approach that gives chemical, nuclear, and biological at- agreement that we reached last year, the uninsured tax breaks and allows tacks. Some of the tests that were part we are more likely to have support for them to use the individual insurance of Project 112/Operation Shipboard Haz- the structure and approach. market. Let me be clear. This bill is not a But, after years of logjams and dis- ard and Defense (SHAD) involved the major overhaul of the U.S. health care agreements, we were able to come to- use of dangerous agents such as sarin, system that several Democratic Presi- gether last year when we created the VX, tularemia, and anthrax. The De- dential candidates have outlined. It TAA tax credit. The TAA tax credit fense Department has recognized that was not intended and does not seek to merges a market-based tax credit with it does not have adequate documenta- cover everyone in this country without the affordability of the group insurance tion to prove that test participants health insurance. market. This proposal simply builds on were informed of the potential risks, or Rather the proposal would use the that progress. With the structures now that personnel received adequate pro- money set aside in this year’s budget in place to implement the TAA credit, tective gear during testing. for the uninsured—$50 billion—on a a new tax credit for the unemployed After an extensive search for records targeted policy that I believe both can easily be incorporated into the new to identify all tests conducted and link sides can agree on. It is a practical, system. the dates of specific tests to the per- principled, incremental solution. CAVEATS sonnel on-board at the time, the DOD WHY THE UNEMPLOYED? I realize that the TAA tax credit is produced a comprehensive list of all According to the Labor Department, not a perfect model. And we may need tests conducted and each veteran in- since February 2001, 2.6 million jobs to make some adjustments as full im- volved in this project. In response to a have been lost. And with those jobs, an plementation kicks in this summer. VA request, DOD reviewed and declas- awful lot of health insurance has been For example, we need to ensure that sified information concerning the exact lost, too. the groups we intended to cover actu- agents used and other details of the Despite assertions by economists ally have access to coverage. Project 112 tests. This information was that the recession has ended and the In particular, all workers who had subsequently turned over to the De- economy is experiencing signs of im- health insurance coverage for 3 months partment of Veterans Affairs, and the provement, the unemployment rate has before they lost their jobs should be as- VA began the process of contacting the remained stubbornly high—6.4 percent sured of coverage they qualify for veterans identified as participants. in June. In fact, we are hearing more under TAA. I support making the tech- A total of 5,842 persons were identi- and more talk of the same ‘‘jobless re- nical change that would provide that fied as having been present in one or covery’’ that we heard about following assurance. more of the tests. All veterans who be- the recession in the early 1990s. I am also willing to consider other lieve they were involved in tests and It is true that employment does not improvements, like additional help for have medical concerns have been en- immediately improve when an econ- low income workers. couraged to contact VA to receive med- omy emerges from recession. We read But I do not think these adjustments ical evaluations. Although Project 112 repeatedly that even if growth surges should deter us from moving forward veterans suffer from a broad range of and business investment begins to take with an expansion of the tax credit. ailments from cancer to hypertension, off tomorrow, the ranks of the unem- Millions of unemployed workers and a causal link between the tests and ployed may not thin for months. their families need our help. And they their current ailments has not been es- Unfortunately, for many, many fami- need it now. tablished. Due to the amount of time lies, this means more weeks, if not All told, expanding the TAA tax cred- that has passed and the relatively months, of endless job searches. And a it to the unemployed would provide small number of people involved in any longer period of time without health health insurance coverage for 1.4 mil- specific test, it is highly unlikely that coverage. lion Americans a month who are cur- we will ever be able to fully determine An estimated 46 percent of unem- rently unemployed and uninsured. It’s the health effects from the tests. ployed adults lack health insurance, or not a panacea. But it’s a start. It would be unconscionable to require about 4 million unemployed workers. I hope my colleagues will join this Project 112 veterans to prove a connec- Less than one in three unemployed fight by helping us pass this legisla- tion between their involvement in adults receives health coverage tion, and taking a solid step toward these tests and their current health through their spouse or other family providing quality, affordable health in- problems. If we cannot disprove a serv- member. surance to all Americans. ice connection, then we should assume

VerDate jul 14 2003 03:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.063 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12283 responsibility for their health care. 11, 2001. This bipartisan bill is mod- help in the fight against terrorism. But This Health Care for Veterans of erate in scope; it would simply expand for such a debate to be fruitful, we need Project 112/Project SHAD Act of 2003 the sunset provision already enacted in to know more about the tools that are would provide priority access to VA the PATRIOT Act, to cover a number already available, including those cre- hospital care, medical services, and of additional provisions. The ensuing ated by the PATRIOT Act. Which are nursing home care for veterans identi- debate, however, should be consider- working, and how well? Which are not fied as participants in these tests, and able. My hope is that, before the sunset working, and why? Which, if any, not require medical evidence that any expires in December 2005, Congress will struck the wrong balance, threatening illnesses are attributable to such test- methodically revisit PATRIOT, with the civil liberties of our citizens while ing. This is an important step in bring- an eye toward achieving a suitable bal- doing little or nothing to keep our Na- ing some finality to this issue and liv- ance between the need to address the tion secure? ing up to our commitment to this threat of terrorism and the need to Immediately after the PATRIOT Act group of veterans. protect our constitutional freedoms— passed, the administration draped a I ask unanimous consent that the and with the lessons of the past few cloak of secrecy around its use. When text of this legislation be printed in years to guide us. lawmakers and citizens have attempted the RECORD. We recently marked the second anni- to start a dialogue on PATRIOT-re- There being no objection, the bill was versary of the September 11 attacks. lated issues, the response has been to ordered to be printed in the RECORD, as As we reflect on that terrible day, and ignore, insult or derisively dismiss follows: honor those who were lost, I strongly them. S. 1694 believe we should take stock of where Attorney General Ashcroft has re- Be it enacted by the Senate and House of Rep- we stand in our fight against ter- peatedly declined to appear before the resentatives of the United States of America in rorism. In the aftermath of the at- Judiciary Committee to answer ques- Congress assembled, tacks, Congress and the administration tions, and his Department is painfully SECTION 1. SHORT TITLE. did forge a constructive partnership to slow to respond to written requests for This Act may be cited as the ‘‘Health Care write the USA PATRIOT Act, which information. To quote my friend Sen- for Veterans of Project 112/Project SHAD Act was meant to help our law enforcement ator GRASSLEY, ‘‘getting information of 2003’’. and intelligence communities prevent from the Justice Department under SEC. 2. PROVISION OF HEALTH CARE TO VET- future attacks from occurring. The PA- Ashcroft is like pulling teeth.’’ By ig- ERANS WHO PARTICIPATED IN CER- TAIN DEPARTMENT OF DEFENSE TRIOT Act represented our best ef- noring oversight requests until answers CHEMICAL AND BIOLOGICAL WAR- forts, under difficult circumstances, to are moot or outdated, and responding FARE TESTING. balance the rights and liberties of the in only vague and conclusory fashion, Section 1710(e) of title 38, United States American people with the very urgent if at all, the Justice Department frus- Code, is amended— need to confront a threat to our Na- trates our constitutional system of (1) in paragraph (1), by adding at the end the following new subparagraph: tion. checks and balances, and sows the sort ‘‘(E) Subject to paragraphs (2) and (3), a Even in balancing this tension, we of public distrust that now accom- veteran who participated in a test conducted granted the executive branch an un- panies the PATRIOT Act. by the Department of Defense Deseret Test precedented, vast new array of powers. Just recently, in July, the Depart- Center as part of a program for chemical and We did so because we believed the ad- ment dumped on committee members biological warfare testing from 1962 through ministration’s claim that it needed literally hundreds of pages of answers 1973 (including the program designated as these powers to protect us, and because to questions that had been submitted ‘Project Shipboard Hazard and Defense we trusted the administration’s prom- to Attorney General Ashcroft and (SHAD)’ and related land-based tests) is eli- ise that it would use these powers ap- other senior Department officials fol- gible for hospital care, medical services, and nursing home care under subsection (a)(2)(F) propriately. I noted at the time that lowing their testimony before the com- for any illness, notwithstanding that there is PATRIOT was not the bill that I, or mittee more than a year earlier. To insufficient medical evidence to conclude any of the sponsors, would have writ- give just one example of what a trav- that such illness is attributable to such test- ten if compromise were unnecessary. esty it is when oversight questions re- ing.’’; But I believed in the bill’s purpose, and main unanswered for a year or more, (2) in paragraph (2)(B), by striking ‘‘para- I gave it my vote and support. I worked the Department’s responses dated July graph (1)(C) or (1)(D)’’ and inserting ‘‘sub- hard to add checks and balances to 17, 2003, devoted fully 15 pages to an- paragraph (C), (D), or (E) of paragraph (1)’’; and many of its provisions, and did so. swering questions about Operation (3) in paragraph (3)— Unfortunately, like many Members TIPS—an ill-conceived program that (A) by striking ‘‘and’’ at the end of sub- who supported the act—and like many Congress had already terminated more paragraph (B); Americans nationwide—I have come to than 8 months earlier. (B) by striking the period at the end of feel disappointed. Since we passed the Is the Department incapable of re- subparagraph (C) and inserting ‘‘; and’’; and PATRIOT Act in October 2001, it has sponding to congressional inquiries in (C) by adding at the end the following new grown increasingly apparent that the a timely fashion? Is it deliberately subparagraph: trust and cooperation Congress pro- stonewalling? Or does it simply believe ‘‘(D) in the case of care for a veteran de- scribed in paragraph (1)(E), after December vided to the executive branch has that oversight is a game that it need 31, 2005.’’. proved to be a one-way street. In the not play? quarter-century that I have served in Even more troubling, high-level ad- By Mr. LEAHY (for himself, Mr. the Senate, no administration has been ministration officials have rashly sug- CRAIG, Mr. DURBIN, Mr. SUNUNU, more secretive, more resistant to con- gested that anyone who dares to voice and Mr. REID): gressional oversight, and more disposed their concerns as unpatriotic, anti- S. 1695. A bill to provide greater over- to acting unilaterally, without the ap- American and pro-terrorist. In one of sight over the USA PATRIOT Act; to proval of the American people or their his rare appearances before the Senate the Committee on the Judiciary. democratically elected representatives. Judiciary Committee, Attorney Gen- Mr. LEAHY. Mr. President, today I Despite the administration’s unprece- eral Ashcroft charged that ‘‘fear mon- am introducing with Senators CRAIG, dented public relations campaign to gers’’—those who were raising concern SUNUNU, DURBIN, and REID, my distin- promote the PATRIOT Act—including about the loss of civil liberties—were guished colleagues from Idaho, New a 16-State, 18-city tour by the Attorney only aiding the terrorists. More re- Hampshire, Illinois, and Nevada, the General himself—the administration cently, a Justice Department official Patriot Oversight Restoration Act of has yet to show that it is using its PA- dismissed the many local government 2003, a short bill whose singular but im- TRIOT powers wisely. Instead, it has resolutions condemning the PATRIOT portant purpose is to provide Congress been secretly drafting a sequel to PA- Act by saying ‘‘half are either in cities the opportunity to take a hard look at TRIOT that would grant it even more in Vermont, very small population, or the USA PATRIOT Act, which we far-reaching powers. in college towns in California. It’s in a passed in the anxious weeks following I would never oppose an open discus- lot of the usual enclaves where you the devastating attacks of September sion of any legislative tool that would might see nuclear free zones, or they

VerDate jul 14 2003 03:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.048 S01PT1 S12284 CONGRESSIONAL RECORD — SENATE October 1, 2003 probably passed resolutions against the been subject to the sunset—including a courts? Have we provided too many war in Iraq.’’ few that were sunset or even cut in the choices and too much power to a lim- It is unfortunate that the Justice De- version of the bill reported by the ited few? These are questions that re- partment felt it appropriate to ridicule House Judiciary Committee—were quire answers before the more far- these grass-roots efforts to participate omitted from the sunset. As enacted, reaching provisions of PATRIOT are in an important national dialogue. The the sunset applies only to certain en- etched into stone. opportunity to engage in public dis- hanced surveillance authorities in title The events of September 11, 2001, re- course is one of the hallmark benefits II of the act. sound in our hearts and in our memo- of being an American, and I am proud The PATRIOT Oversight Restoration ries. We owe it to the American people that Vermont towns are among those Act would extend PATRIOT’s sunset to be circumspect in the powers and dedicated to thinking about and acting provision to other enhanced surveil- authorities we grant, even in the name on these important issues. But more lance provisions in title II of the act. of national security. Our country was importantly, the concerns expressed in These include subsections (a) and (c) of attacked on September 11 because of my home State are being echoed by section 203, which authorize the disclo- the democratic principles that this Americans nationwide. To date, anti- sure of grand jury information to for- country stands for and that we love. It PATRIOT resolutions have been passed eign enforcement, intelligence and im- would be a cruel twist of irony to aban- by 178 communities in 32 States includ- migration officials; sections 210 and don those principles in the guise of a ing Idaho, New Hampshire, and Illinois. 211, which broaden the types of infor- law named ‘‘PATRIOT’’ that might These communities represent millions mation that law enforcement may ob- prove to be anything but a defender or upon millions of Americans, not just a tain, upon request, from electronic protector of those cherished rights and few free-spirited Vermonters, as the communication service providers and freedoms. Justice Department has insinuated. cable service operators; section 213, The PATRIOT Oversight Restoration Concerns about the administration’s which authorizes so-called ‘‘sneak and Act offers a cautious and sensible solu- antiterror tactics are also shared by peak’’—delayed notification—search tion to evolving fears about the PA- Members on both sides of aisle, many warrants; sections 216 and 222, which TRIOT Act. It will allow Congress to of whom supported the PATRIOT Act significantly expand when, where, and re-examine some of the important legal as well as the war in Iraq, but who now how law enforcement can obtain a pen issues that abruptly confronted us in know that the administration has been register or trap and trace order; and the weeks following September 11, and less than forthright about what it has section 219, which authorizes judges to to re-assess our efforts with the benefit been doing in the name of the Amer- sign search warrants for properties lo- of hindsight and the luxury of time. ican people. In July, the House voted cated outside their districts. Mr. President, I ask unanimous con- to nullify section 213 of the PATRIOT In addition to these title II provi- sent that the text of the bill and an Act, which allows law enforcement to sions, the PATRIOT Oversight Restora- analysis be printed in the RECORD. ask a court to delay notice of a search tion Act would also extend the sunset There being no objection, the mate- warrant where it could have certain ad- to a handful of provisions in titles IV, rial was ordered to be printed in the verse results. And several bills have V, VIII and X of the PATRIOT Act. RECORD, as follows: been introduced in both Houses to roll These provisions include sections 411 THE PATRIOT OVERSIGHT RESTORATION ACT back another PATRIOT Act provision, and 1006, which expand the Govern- OF 2003 section 215, which gives federal agents ment’s authority to declare certain Extends the current sunset provision in new power to obtain records from li- persons inadmissible to the United section 224 of the USA PATRIOT Act (Pub. braries and bookstores. Remarkably, in States; section 412, which grants the L. 107–56) to the following additional sections of that law.: response, the Justice Department then Attorney General authority to ‘‘cer- 203(a) and (c), which authorize the disclo- declassified information summarily re- tify’’ that an alien is engaged in activ- sure of grand jury information to foreign en- flecting that it has never used the Sec- ity that endangers the national secu- forcement, intelligence and immigration of- tion 215 powers—despite expressing ur- rity, and to take such an alien into ficials; gent ‘‘need’’ during pre-PATRIOT Act custody; section 505, which gives law 210 and 211, which broaden the types of in- debate. And almost simultaneous to enforcement greater authority to ac- formation that law enforcement may obtain, this announcement, the President cess telephone, bank, and credit upon request, from electronic communica- urged support for an alternative record records through the issuance of so- tion service providers and cable service oper- ators; gathering power when Section 215 is called ‘‘National Security Letters,’’ 213, which authorizes so-called ‘‘sneak and still on the books. One has to question even if no criminal investigation is peak’’ (delayed notification) search war- the inconsistencies in these two posi- pending and without court review; sec- rants; tions and whether Congress should tions 507 and 508, which remove certain 216 and 222, which expand when, where, and blindly confer data gathering powers privacy protections for educational how law enforcement can obtain a pen reg- ister or trap and trace order; on an administration that does not records and surveys—called ‘‘obsta- 219, which authorizes judges to sign search provide a hint of factual support for cles’’ to investigating terrorism in the warrants for properties located outside their such requests. There is overall a grow- PATRIOT Act; section 802, which de- districts; ing sense in the nation that Congress fines ‘‘domestic terrorism’’ in a way 358, which establishes greater reporting re- moved too fast in enacting the PA- that could be read to include political quirements by financial institutions for TRIOT Act, and that the Justice De- protesters engaged in civil disobe- bank records and removes privacy protec- partment moved too slowly in explain- dience; section 806, which uses the tions under the law for the same records; 411 and 1006, which expand the govern- ing its use of this sweeping legislation. aforementioned definition of ‘‘domestic ment’s authority to declare certain persons When we passed the PATRIOT Act in terrorism’’ to expand the government’s inadmissible to the United States; October 2001, I noted that Congress civil forfeiture authority; and section 412, which grants the Attorney General au- needed to exercise careful oversight of 1003, which references another section thority to ‘‘certify’’ that an alien is engaged how the Justice Department, the FBI of PATRIOT that is already covered by in activity that endangers the national secu- and other executive branch agencies the sunset. rity, and to take such an alien into custody; used the newly expanded powers that With the PATRIOT Act, Congress 505, which gives law enforcement greater authority to access telephone, bank, and the act provided. The need for over- provided government investigators credit records through the issuance of so- sight and accountability is the reason with a virtual smorgasbord of new pow- called ‘‘National Security Letters’’; that former House Majority Leader ers from which to choose. Is the Gov- 507 and 508, which remove certain privacy Dick Armey and I insisted on a sunset ernment gorging itself on the secretive protections for educational records and sur- provision for several key provisions in powers allowed for ‘‘foreign intel- veys; PATRIOT—provisions that blurred the ligence’’ gathering, with their less on- 802, which defines ‘‘domestic terrorism’’ in lines between criminal investigation erous procedural requirements, rather a way that could be read to include political protesters engaged in civil disobedience. and intelligence gathering. We suc- than relying on bedrock criminal in- 806, which uses the aforementioned defini- ceeded, but only in part; several PA- vestigatory techniques that are subject tion of ‘‘domestic terrorism’’ to expand the TRIOT provisions that should have to more rigorous review by the Federal government’s civil forfeiture authority; and

VerDate jul 14 2003 03:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.107 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12285 1003, which references another section of with a strong vote to prohibit the use Nixon’s Message led to the enact- PATRIOT (section 217, ‘‘Interception of com- of appropriated funds for requesting de- ment of the Indian Self Determination puter trespasser communications’’) that is layed notice of a search warrant under and Education Assistance Act of 1975, already covered by the sunset. the act. Pub. L. 93–638. Clarifies that after these provisions sunset To its credit, the Bush administra- Since then Congress has systemati- on December 31, 2005, the law shall revert to what it was before the USA PATRIOT Act tion has lately worked to address criti- cally devolved to Indian tribes the au- was enacted. cism of the law and demonstrate there thority and responsibility to manage Federal programs and assume control S. 1695 have been no abuses by Federal law en- forcement. I greatly appreciate those over their own affairs. Be it enacted by the Senate and House of Rep- efforts and believe it is vitally impor- Tribal Self Governance aims to foster resentatives of the United States of America in strong tribal governments and healthy Congress assembled, tant to continue that dialog with the reservation economies as mechanisms SECTION 1. SHORT TITLE. Congress and the American people. At the same time, in light of the seri- to further tribal self-government. Self This Act may be cited as the ‘‘PATRIOT Governance has resulted in a reduction Oversight Restoration Act of 2003’’. ous concerns that have been raised, I in the Federal bureaucracy and an im- SEC. 2. EXTENSION AND CLARIFICATION OF PA- think it is appropriate for us to add TRIOT SUNSET PROVISION. some triggers to the law that will force provement in the quality of services The USA PATRIOT Act (Public Law 107–56) Congress to review and affirmatively delivered to tribal members. is amended by— renew these authorities. That is what Instead of Federal micro-manage- (1) striking section 224; the PATRIOT Oversight Restoration ment, the Indian tribes can tailor the (2) adding at the end of title X the fol- Act would accomplish, by sunsetting programs to unique local conditions lowing: additional provisions that are not cur- and better serve their members. ‘‘SEC. 1017. SUNSET. rently set to expire. I do not think this For good reason, Tribal Self Govern- ‘‘(a) IN GENERAL.—Except as provided in will create a burden for law enforce- ance has been embraced and expanded subsection (b), the following sections of this ment; on the contrary, if these authori- by Congress and the executive repeat- Act and any amendments made by such sec- ties are indeed critical to the protec- edly with amendments enacted in 1984, tions shall cease to have effect on December tion of our Nation, it should not be dif- 1988, 1994, and 2000. 31, 2005, and any provision of law amended or Building on the solid successes of the ficult to convince Congress to renew modified by such sections shall take effect early years, the amendments made per- them. Furthermore, the knowledge January 1, 2006, as in effect on the day before manent Self Governance in the Bureau that such a case must be made at a the effective date of this Act: of Indian Affairs and launched addi- ‘‘(1) In title II, all sections other than sec- time certain in the future will serve as tional demonstrations in the Indian tions 201, 202, 204, 205, 208, and 221, and the an additional immediate check against Health Service. In 2000, I introduced a first sentence of section 222. potential abuses. bill that was enacted to make Self Gov- ‘‘(2) In title III, section 358. The security of our Nation is the ernance in Health Care permanent at ‘‘(3) In title IV, sections 411 and 412. first responsibility of the Federal Gov- ‘‘(4) In title V, sections 505, 507, and 508. the IHS. ernment. Our bill will ensure that re- ‘‘(5) In title VIII, sections 802 and 806. The bill I am introducing today will ‘‘(6) In this title, sections 1003 and 1006. sponsibility is carried out thoughtfully create a demonstration project for non- ‘‘(b) EXCEPTION.—With respect to any par- and in our country’s great tradition of Indian Health Service programs in the ticular foreign intelligence investigation balance and restraint in the enforce- Department of Health and Human that began before the date on which the pro- ment of our laws. I urge all our col- Services. visions referred to in subsection (a) cease to leagues to join us in supporting the I urge my colleagues to join me in have effect, or with respect to any particular PATRIOT Oversight Restoration Act. offense or potential offense that began or oc- supporting this important bill. I ask unanimous consent that the curred before the date on which such provi- By Mr. CAMPBELL (for himself text of the bill be printed in the sions cease to have effect, such provisions and Mr. INOUYE) ECORD. shall continue in effect.’’; and S. 1696. A bill to amend the Indian R There being no objection, the bill was (3) in the table of contents for such Act, Self-Determination and Education As- by— ordered to be printed in the RECORD, as (A) striking the item for section 224 and in- sistance Act to provide further self- follows: governance by Indian tribes; to the serting the following: S. 1696 ‘‘Sec. 224. [Stricken see section 1017].’’; Committee on Indian Affairs. Mr. CAMPBELL. Mr. President, Be it enacted by the Senate and House of Rep- resentatives of the United States of America in and today I am pleased to be joined by Sen- (B) inserting after the item for section 1016 Congress assembled, the following: ator INOUYE in introducing the Depart- SECTION 1. SHORT TITLE. ment of Health and Human Services ‘‘Sec. 1017. Sunset.’’. This Act may be cited as the ‘‘Department Tribal Self Governance Amendments of of Health and Human Services Tribal Self- Mr. CRAIG. Mr. President, I am 2003, a bill that will usher in the next Governance Amendments Act of 2003’’. pleased to join the distinguished Sen- phase in Indian Self Governance in SEC. 2. AMENDMENT. ator from Vermont, Senator LEAHY, health and health-related programs. The Indian Self-Determination and Edu- and our other colleagues in introducing Up to 1970 the U.S. Government was cation Assistance Act is amended by striking the PATRIOT Oversight Restoration the sole provider of all or nearly all title VI (25 U.S.C. 450f note; Public Law 93– 638) and inserting the following: Act of 2003. services to Indian tribes and their I am one of those who voted in favor members. ‘‘TITLE VI—TRIBAL SELF-GOVERNANCE DEMONSTRATION PROJECT FOR THE of the USA PATRIOT Act to respond to For many it is hard to recall that lit- the unprecedented, tragic attacks of DEPARTMENT OF HEALTH AND HUMAN tle more than 30 years ago the Federal SERVICES September 11, 2001. However, even at bureaucracy and its employees pro- ‘‘SEC. 601. DEFINITIONS. the time of that vote, I raised my res- vided all police, fire, resource hus- ‘‘In this title: ervations about the new authorities bandry, education, and health care ‘‘(1) COMPACT.—The term ‘compact’ means being granted under the act, and services in Indian communities. a compact under section 604. pledged that there would be aggressive The effects on tribal governments ‘‘(2) CONSTRUCTION PROJECT.—The term oversight by the legislative branch to were negative and, by crowding out the ‘construction project’ has the meaning given make sure PATRIOTS implementation the term in section 501. tribes, undermined tribal efforts at ‘‘(2) DEMONSTRATION PROJECT.—The term did not compromise civil liberties. self-government. ‘demonstration project’ means the dem- Since that time, this lengthy and The Federal monopoly in services onstration project under this title. complex law has been subjected to con- was ended in 1970 when President Nixon ‘‘(3) FUNDING AGREEMENT.—The term ‘fund- siderable dissection and discussion issued his now-famous Special Message ing agreement’ means a funding agreement both inside and outside of Congress, to Congress on Indian Affairs that under section 604. ‘‘(4) INCLUDED PROGRAM.—The term ‘in- and concerns have been raised about called for a greater tribal role in de- cluded program’ means a program that is eli- many of its provisions. The low boil of signing and implementing Federal gible for inclusion under a funding agree- discontent around the Nation exploded services and programs and in re-build- ment under section 604(c) (including any por- in the other Chamber some weeks ago ing tribal governments. tion of such a program and any function,

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service, or activity performed under such a ‘‘(1) NEW COMPACT AND FUNDING AGREE- ‘‘(D) BLOCK GRANTS REGARDING MENTAL program). MENT.—Not later than 60 days after the date HEALTH AND SUBSTANCE ABUSE.—Mental ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’, of submission by an Indian tribe of a request health and substance abuse block grant pro- in a case in which an Indian tribe authorizes to participate in the demonstration project, grams under title XIX of the Public Health another Indian tribe, an inter-tribal consor- the Secretary shall negotiate and enter into Services Act (42 U.S.C. 300x et seq.); tium, or a tribal organization to plan for or a written compact and funding agreement ‘‘(E) HEALTH RESOURCES AND SERVICES AD- carry out an included program on its behalf with the Indian tribe in a manner that is MINISTRATION.—Community health center in accordance with section 603(a)(3), includes consistent with the trust responsibility of grants under section 330 of the Public Health the other authorized Indian tribe, inter-trib- the Federal Government, treaty and statu- Service Act (42 U.S.C. 254b). al consortium, or tribal organization. tory obligations, and the government-to-gov- ‘‘(3) ADDITIONAL INCLUDED PROGRAMS.—The ‘‘(6) INTER-TRIBAL CONSORTIUM.—The term ernment relationship between Indian tribes Secretary may identify not more than 6 ad- ‘inter-tribal consortium’ has the meaning and the United States. ditional programs annually for inclusion in given the term in section 501. ‘‘(2) EXISTING COMPACT.—Rather than enter the demonstration project, including— ‘‘(7) SECRETARY.—The term ‘Secretary’ into a new compact under paragraph (1), an ‘‘(A) all other programs in which Indian means the Secretary of Health and Human Indian tribe may use an existing compact ne- tribes are eligible to participate; Services. gotiated under title V for purposes of the ‘‘(B) all other programs for which Indians ‘‘(8) SELF-GOVERNANCE.—The term ‘self- demonstration project. are eligible beneficiaries; and governance’ has the meaning given the term ‘‘(b) COMPACTS.— ‘‘(C) competitive grants for which an In- in section 501. ‘‘(1) CONTENTS.—A compact under sub- dian tribe receives an individual or coopera- ‘‘(9) TRIBAL SHARE.—The term ‘tribal share’ section (a) shall designate— tive award, on the condition that the Indian has the meaning given the term in section ‘‘(A) congressional policies regarding tribal tribe agree in the funding agreement to re- 501. self-governance; strictions regarding program redesign and ‘‘SEC. 602. ESTABLISHMENT OF DEMONSTRATION ‘‘(B) the intent of the demonstration budget reallocation for any competitive PROJECT. project; awards. ‘‘(C) such terms as shall control from year ‘‘(a) DEMONSTRATION.—For a period of not ‘‘(4) CONTENTS.—A funding agreement— to year; and more than 5 years after the date of enact- ‘‘(A) shall specify— ‘‘(D) any provisions of this title that are ment of the Department of Health and ‘‘(i) the services to be provided; requested by the Indian tribe. Human Services Tribal Self-Governance ‘‘(ii) the functions to be performed; and Amendments Act of 2003, the Secretary shall ‘‘(2) EFFECTIVE DATE.—The effective date of a compact shall be the date of execution by ‘‘(iii) the responsibilities of the Indian carry out a project to demonstrate the effec- tribe and the Secretary; tiveness of tribal operation of the included the Indian tribe and the Secretary or an- other date agreed on by the parties. ‘‘(B) shall provide for payment by the Sec- programs under self-governance principles retary to the Indian tribe of funds in accord- and authorities. ‘‘(3) DURATION.—A compact shall remain in effect so long as permitted by Federal law or ance with section 605; ‘‘(b) ADMINISTRATION.—The management ‘‘(C) shall not allow the Secretary to and administration of the demonstration until terminated by agreement of the par- ties. waive, modify, or diminish in any way the project shall be in the Office of the Sec- trust responsibility of the United States retary. ‘‘(4) AMENDMENT.—A compact may be amended only by agreement of the parties. with respect to Indian tribes and individual ‘‘SEC. 603. SELECTION OF PARTICIPATING INDIAN ‘‘(c) FUNDING AGREEMENTS.— Indians that exist under treaties, Executive TRIBES. ‘‘(1) SCOPE.—A funding agreement under orders, and Acts of Congress; and ‘‘(a) IN GENERAL.— subsection (a) shall, at the option of the In- ‘‘(D) shall allow for retrocession of in- ‘‘(1) CONTINUING PARTICIPATION.—Not more dian tribe, authorize the Indian tribe to plan, cluded programs under section 105(e). than 50 Indian tribes that meet the eligi- conduct, and administer included programs bility criteria specified in subsection (b) ‘‘SEC. 605. TRANSFER OF FUNDS. administered by the Secretary through an shall be entitled to participate in the dem- ‘‘(a) TRANSFER.— agency of the Department of Health and onstration project. ‘‘(1) IN GENERAL.—Under any compact or Human Services, set forth in paragraphs (2) ‘‘(2) ADDITIONAL PARTICIPANTS.—If more funding agreement entered into under this than 50 eligible Indian tribes request partici- through (4). title, the Secretary shall transfer to the In- ‘‘(2) INITIAL INCLUDED PROGRAMS.—The fol- pation, the Secretary may select additional dian tribe all funds provided for in the fund- lowing programs are eligible for inclusion in Indian tribes to participate in the dem- ing agreement. a funding agreement under this title: onstration project. ‘‘(2) TIMING.—Unless the funding agree- ‘‘(A) ADMINISTRATION ON AGING.—Grants for ‘‘(3) OTHER AUTHORIZED INDIAN TRIBE, ment provides otherwise, at the request of Native Americans under title VI of the Older INTER-TRIBAL CONSORTIUM, OR TRIBAL GOVERN- the Indian tribe— Americans Act of 1965 (42 U.S.C. 3057 et seq.); MENT.—If an Indian tribe authorizes another ‘‘(A) funding shall be paid in 1 annual lump ‘‘(B) ADMINISTRATION FOR CHILDREN AND Indian tribe, an inter-tribal consortium, or a sum payment; and FAMILIES.— ‘‘(B) the transfer shall be made not later tribal organization to plan for or carry out ‘‘(i) The tribal temporary assistance for than 10 days after the apportionment of an included program on its behalf under this needy families program under section funds by the Office of Management and title, the authorized Indian tribe, inter-trib- 412(a)(1) of the Social Security Act (42 U.S.C. Budget to the Department of Health and al consortium, or tribal organization shall 612(a)(1) et seq.). Human Services. have the rights and responsibilities of the ‘‘(ii) The Low-Income Home Energy Assist- ‘‘(b) AMOUNT OF FUNDING.— authorizing Indian tribe (except as otherwise ance Program under the Low-Income Home ‘‘(1) FUNDING FORMULAS.— provided in the authorizing resolution). Energy Assistance Act of 1981 (42 U.S.C. 8621 ‘‘(A) IN GENERAL.—Any statutory funding ‘‘(b) ELIGIBILITY.—An Indian tribe shall be et seq.). formula for an included program— eligible to participate in the demonstration ‘‘(iii) The Community Services Block ‘‘(i) shall be waived for the demonstration project if the Indian tribe, as of the date of Grant Program under the Community Serv- project under this title; and enactment of the Department of Health and ices Block Grant Act (42 U.S.C. 9901 et seq.). Human Services Tribal Self-Governance ‘‘(iv) The Child Care and Development ‘‘(ii) shall be used to determine the amount Amendments Act of 2003, is a party to a com- Fund under the Child Care and Development of funding provided to an Indian tribe. pact or funding agreement under this Act. Block Grant Act (42 U.S.C. 9858 et seq.). ‘‘(B) ADEQUACY.—Subject to the avail- ‘‘(c) SELECTION.—The Secretary shall select ‘‘(v) The native employment works pro- ability of appropriations— Indian tribes that request participation in gram under section 412(a)(2) of the Social Se- ‘‘(i) the funding amount shall be adequate the demonstration project by resolution or curity Act (42 U.S.C. 612(a)(2)). to permit the successful implementation of other official action by the governing body ‘‘(vi) The Head Start Program under the the demonstration project; and of each Indian tribe to be served. Head Start Act (42 U.S.C. 9831 et seq.). ‘‘(ii) the Secretary and the participating ‘‘(d) PLANNING AND NEGOTIATION GRANTS.— ‘‘(vii) Child welfare services programs Indian tribe shall determine the funding ‘‘(1) IN GENERAL.—Subject to the avail- under part B of title IV of the Social Secu- amount through negotiation. ability of appropriations, the Secretary shall rity Act (42 U.S.C. 620 et seq.). ‘‘(2) MATCHING REQUIREMENT.—An Indian establish a program to allow Indian tribes ‘‘(viii) The promoting safe and stable fami- tribe may request a waiver of any matching that meet the eligibility requirements of lies program under part B of title IV of the requirement applicable to an included pro- this title to be awarded a planning grant or Social Security Act (42 U.S.C. 620 et seq.). gram, and the Secretary shall liberally grant negotiation grant, or both. ‘‘(ix) Family violence prevention grants for such reasonable waiver requests. ‘‘(2) RECEIPT OF GRANT NOT REQUIRED.—Re- battered women’s shelters under the Family ‘‘(3) CONTRACT SUPPORT COSTS.—There shall ceipt of a grant under paragraph (1) by an In- Violence Prevention and Services Act (42 be added to the amount required by para- dian tribe is not a requirement for the Indian U.S.C. 10401 et seq.); graph (1) contract support costs as specified tribe to participate in the demonstration ‘‘(C) SUBSTANCE ABUSE AND MENTAL HEALTH in paragraphs (2), (3), (5), and (6) of section project. SERVICES ADMINISTRATION.—Targeted capac- 106(a). ‘‘SEC. 604. COMPACTS AND FUNDING AGREE- ity expansion program under title V of the ‘‘(4) ADMINISTRATIVE FUND SHARES.— MENTS. Public Health Service Act (42 U.S.C. 290aa et ‘‘(A) IN GENERAL.—An Indian tribe may ne- ‘‘(a) IN GENERAL.— seq.); gotiate for a tribal share of administrative

VerDate jul 14 2003 03:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.054 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12287 funds without regard to the organizational ‘‘(d) DUPLICATION OF ELIGIBILITY.—To the address a growing problem in Amer- level at which the included programs are car- maximum extent practicable, an Indian tribe ica—our ability to provide safe and af- ried out. shall make efforts to coordinate with appro- fordable housing that meets the needs ‘‘(B) INCLUSION.—A tribal share under sub- priate States to identify dually eligible indi- of older Americans. Currently there are paragraph (A) shall include a share for train- viduals to address the potential for the pro- ing and technical assistance services per- vision of duplicate benefits. 35 million Americans over 65 years old. formed by a contractor. ‘‘(e) APPEALS.—Except as provided in sub- That number will double within the ‘‘SEC. 606. GENERAL PROVISIONS. section (b)(2), a compact or funding agree- next 30 years. By 2030, 20 percent of the ‘‘(a) REDESIGN, CONSOLIDATION, AND RE- ment under this title shall be considered to U.S. population will be over 65 years ALLOCATION.— be a contract for the purposes of section 110. old. ‘‘(1) IN GENERAL.—To the extent allowed ‘‘(f) REGULATIONS; OTHER AGENCY STATE- Nearly one third of all public housing under the statutory provisions of the in- MENTS.— units are occupied by senior citizens. ‘‘(1) REGULATIONS.—An Indian tribe shall cluded programs included in the funding This figure has been steadily growing agreement, and subject to the terms of the comply with final regulations for the in- cluded programs in connection with the dem- in recent years and will undoubtedly funding agreement, an Indian tribe may— continue to grow in the future. It is ‘‘(A) redesign or consolidate the included onstration project. ‘‘(2) OTHER AGENCY STATEMENTS.—Unless critically important that we remain programs under the funding agreement if the expressly agreed to by an Indian tribe in a Indian tribe agrees to abide by the statutory committed to providing low-income compact or funding agreement, the Indian purposes of the program; and seniors with safe and affordable hous- tribe shall not be subject to any agency cir- ‘‘(B) reallocate or redirect funds for the in- ing. cular, policy, manual, guidance, or rule that cluded programs, among the included pro- The bill I am introducing will pro- is promulgated by regulation. grams under the funding agreement, so long mote the development of assisted liv- ‘‘(g) APPLICABILITY OF OTHER PROVISIONS.— as all demonstration project costs using The following provisions of this Act shall ing programs to provide a wide range of those funds meet allowable cost standards as apply to a compact or funding agreements services, including medical assistance, required by section 506(c). entered into under this title: housekeeping services, hygiene and ‘‘(2) WAIVERS.— ‘‘(1) Section 102(d). grooming, and meals preparation. Pro- ‘‘(A) IN GENERAL.—At the request of an In- ‘‘(2) Section 506(b) (conflicts of interest). dian tribe, if the Secretary determines that viding these services will in turn give ‘‘(3) Section 506(c)(1) (Single Agency Audit older Americans greater opportunities a waiver would further the purposes of this Act). Act, the Secretary shall grant a waiver of ‘‘(4) Section 506(c)(2) (cost principles). to decide for themselves where they program requirements for the duration of ‘‘(5) Section 506(c) (records). live and how they exercise their inde- the demonstration project to facilitate the ‘‘(6) Section 507(c)(1)(A) (grounds for reject- pendence. ability of an Indian tribe to redesign in- ing a final offers). The Elderly Housing Plus Supportive cluded programs or reallocate funds under ‘‘(7) Section 508(g) (prompt payment). Health Support Demonstration Act, paragraph (1). ‘‘(8) Section 506(h) (nonduplication). will provide Federal grants to allow ‘‘(B) DOCUMENTATION.—The Secretary shall ‘‘(9) Section 508(h) (interest or other in- public housing authorities around the document all requests for a waiver under come on transfers). subparagraph (A), including a description ‘‘(10) Section 508(i) (carryover of funds). country to develop new strategies for of— ‘‘(11) Section 509 (construction projects) providing better housing for senior ‘‘(i) the reasons for each request; ‘‘(12) Section 510 (Federal procurement citizens. The bill will give public hous- ‘‘(ii) the effect of the waiver on the Indian laws) ing authorities the tools they need to tribe making the request; and ‘‘(13) Section 512(b) (regulation waivers). improve our public housing stock so ‘‘(iii) the views of the Indian tribe regard- ‘‘SEC. 607. REPORT. our seniors will not be prematurely ing the requested waiver. ‘‘(a) IN GENERAL.—The Secretary shall an- forced out of their homes. The bill au- ‘‘(b) INABILITY TO AGREE ON COMPACT OR nually submit to Congress a report on the thorizes competitive grants through FUNDING AGREEMENT.— relative costs and benefits of the demonstra- ‘‘(1) FINAL OFFER.—If the Secretary and an tion project using evaluation and reporting the Department of Housing and Urban Indian tribe are unable to agree, in whole or data provided by participating Indian tribes. Development to upgrade and recon- in part, on the terms of a compact or funding ‘‘(b) BASELINE MEASUREMENTS.— figure elderly buildings, and buildings agreement (including funding levels), the In- ‘‘(1) IN GENERAL.—A report under sub- with elderly and non-elderly disabled dian tribe may submit a final offer to the section (a) shall be based on baseline meas- residents. The bill will also provide Secretary. urements developed jointly by the Secretary funding for service coordinators and/or ‘‘(2) DETERMINATION.—Not later than 45 and participating Indian tribes. congregate services programs. days after the date of submission of a final ‘‘(2) FINANCIAL ASSISTANCE.—The Secretary Unfortunately, as we examine the offer, or as otherwise agreed to by the Indian shall provide financial assistance to Indian tribe, the Secretary shall review and make a tribes to assist Indian tribes in evaluating public housing stock across the coun- determination with respect to the final offer. and reporting on the demonstration project. try from the perspective of older Amer- ‘‘(3) NO TIMELY DETERMINATION.—If the Sec- ‘‘(c) CONTENTS.—A report under subsection icans, we find a bleak situation. Over retary fails to make a determination with (a) shall— 66 percent of existing public housing respect to a final offer within the time speci- ‘‘(1) verify that the participating Indian units are more than 30 years old and fied in paragraph (2), the Secretary shall be tribes met the statutory purposes of the in- most are not designed to meet the deemed to have agreed to the final offer. cluded programs; needs of older Americans. For example, ‘‘(2) confirm that key self-governance prin- ‘‘(4) REJECTION OF FINAL OFFER.— too few of our housing units are ‘‘(A) IN GENERAL.—If the Secretary rejects ciples were carried out as Indian tribes oper- a final offer, the Secretary shall— ated the included programs; and equipped to facilitate mobility for ‘‘(i) submit to the Indian tribe a written ‘‘(3) separately include Federal and tribal those in wheelchairs. Even such simple statement clearly setting forth the reasons viewpoints regarding— things as having a kitchen counter top for rejecting the final offer; and ‘‘(A) the merger of included programs oper- that can be reached from a wheelchair ‘‘(ii) provide the Indian tribe with a hear- ated under this title and self-governance may make the difference between a ing on the record (except that the Indian principles; and senior being able to stay in his or her ‘‘(B) the impact on program beneficiaries. tribe may, in lieu of such a hearing, file an home or having to leave, often to be appeal of the rejection to the Intra-Depart- ‘‘SEC. 608. AUTHORIZATION OF APPROPRIATIONS. sent to an institution where seniors mental Council on Native American Affairs, ‘‘There are authorized to be appropriated the decision of which shall be final and not such sums as are necessary to carry out this have less independence and control subject to judicial review). title, to remain available until expended.’’. over their lives. ‘‘(B) BURDEN OF PROOF.—In a hearing or ap- Because most public housing seniors peal under subparagraph (A)(ii), the Sec- By Mr. DODD (for himself, Mr. are Medicaid-eligible, the bill will also retary shall have the burden of proving by SARBANES, and Mr. REED): open a path to reducing Medicaid costs, clear and convincing evidence the validity of S. 1697. A bill to establish the elderly 42 percent of which goes to housing el- the grounds for rejecting the final offer. housing plus health support dem- ders in costly nursing homes. The cost ‘‘(c) OTHER FUNDING.—Participation by an onstration program to modernize pub- to the Medicaid program of a bene- Indian tribe in the demonstration project lic housing for elderly and disabled per- ficiary living in public housing con- under this title shall not affect the amount of funding that the Indian tribe would re- sons; to the Committee on Banking, verted to assisted living has been ceive under the laws (including regulations) Housing, and Urban Affairs. shown to be as much as one-third that governing the included programs if the In- Mr. DODD. Mr. President, I rise paid to a nursing home on a long-term dian tribe did not participate. today to introduce a bill that will help per capita basis.

VerDate jul 14 2003 03:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.054 S01PT1 S12288 CONGRESSIONAL RECORD — SENATE October 1, 2003 The scarceness of affordable assisted (8) many of the dwelling units in public (E) Health-related services. living units has other social costs that housing developments for elderly and dis- (F) Such other services as are considered we must consider as we set national abled persons are undersized, are inacces- important for maintaining independent liv- housing policies for the future. Often, sible to residents with physical limitations, ing. do not comply with the requirements under (2) ELDERLY AND DISABLED FAMILIES.—The the cost of taking care of an aging fam- the Americans with Disabilities Act of 1990, term ‘‘elderly and disabled families’’ means ily member can be devastating to or lack railings, grab bars, emergency call families in which 1 or more persons is an el- American families. Too often, working buttons, and wheelchair accessible ramps; derly person or a person with disabilities. men and women are torn between the (9) a study conducted for the Department (3) ELDERLY PERSON.—The term ‘‘elderly need to maintain their jobs and the de- of Housing and Urban Development found person’’ means a person who is 62 years of sire to provide the best possible care to that the cost of the basic modernization age or older. their aging family members. needs for public housing for elderly and dis- (4) PERSON WITH DISABILITIES.—The term ‘‘person with disabilities’’ has the same Advances in medicine are allowing us abled persons exceeds $5,700,000,000; (10) a growing number of elderly and dis- meaning as in section 3(b)(3)(E) of the United to live longer, healthier lives. Lon- abled persons face unnecessary institutional- States Housing Act of 1937 (42 U.S.C. gevity is a great blessing, but it also ization because of the absence of appropriate 1437a(b)(3)(E)). poses significant challenges for individ- supportive services and assisted living facili- (5) PUBLIC HOUSING AGENCY.—The term uals, families, and society as whole. ties in their residences; ‘‘public housing agency’’ has the same mean- One of the greatest challenges we will (11) for many elderly and disabled persons, ing as in section 3(b)(6)(A) of the United face in the decades ahead is the chal- independent living in a non-institutionaliza- States Housing Act of 1937 (42 U.S.C. lenge of developing new kinds of hous- tion setting is a preferable housing alter- 1437a(b)(6)(A)). (6) SECRETARY.—The term ‘‘Secretary’’ ing that respond to the needs of our native to costly institutionalization, and would allow public monies to be more effec- means the Secretary of Housing and Urban growing elderly population. tively used to provide necessary services for Development. It is my hope that this bill will gen- such persons; SEC. 4. AUTHORITY FOR ELDERLY HOUSING erate earnest discussion on these im- (12) congregate housing and supportive PLUS HEALTH SUPPORT PROGRAM. portant matters and will ultimately services coordinated by service coordinators The Secretary shall establish an elderly lead to action to ensure that every is a proven and cost-effective means of ena- housing plus health support demonstration American senior can live in security bling elderly and disabled persons to remain program (referred to in this Act as the ‘‘dem- and dignity. in place with dignity and independence; onstration program’’) in accordance with I ask unanimous consent that the (13) the effective provision of congregate this Act to provide coordinated funding to services and assisted living in public housing public housing projects for elderly and dis- text of the Elderly Housing Plus developments requires the redesign of units abled families selected for participation Health Support Demonstration Act be and buildings to accommodate independent under section 5, to be used for— printed in the RECORD. living; (1) rehabilitation or re-configuration of There being no objection, the bill was (14) most of the elderly who reside in pub- such projects or the acquisition and rehabili- ordered to be printed in the RECORD, as lic housing are eligible for Medicaid to pay tation of an existing assisted living facility follows: for the cost of their being institutionalized in cases where the public housing agency has in nursing homes; no elderly housing stock suitable for conver- S. 1697 (15) nursing home costs now exceed 42 per- sion; Be it enacted by the Senate and House of Rep- cent of the entire Medicaid program; and (2) the provision of space in such projects resentatives of the United States of America in (16) by providing a nursing home resident for supportive services and community and Congress assembled, the choice of assisted living in public hous- health facilities; SECTION 1. SHORT TITLE. ing instead, the Federal Government can (3) the provision of service coordinators for This Act may be cited as the ‘‘Elderly save as much as three-quarters of the long such projects; and Housing Plus Health Support Demonstration term per capita Medicaid costs and at the (4) the provision of congregate services Act’’. same time allow a frail senior to age in programs in or near such projects. SEC. 2. FINDINGS AND PURPOSES. place. SEC. 5. PARTICIPATION IN PROGRAM. (a) FINDINGS.—Congress finds that— (b) PURPOSES.—The purposes of this Act (a) APPLICATION AND PLAN.—To be eligible (1) there are at least 34,100,000 Americans are— to be selected for participation in the dem- who are 65 years of age and older, and per- (1) to establish a demonstration program onstration program, a public housing agency sons who are 85 years of age or older com- to make competitive grants to provide state- shall submit to the Secretary— prise almost one-quarter of that population; of-the-art, health-supportive housing with (1) an application, in such form and man- (2) the Bureau of the Census of the Depart- assisted living opportunities for elderly and ner as the Secretary shall require; and ment of Commerce estimates that, by 2030, disabled persons; (2) a plan for the agency that— the elderly population will double to (2) to provide funding to enhance, make (A) identifies the public housing projects 70,000,000 persons; safe and accessible, and extend the useful life for which amounts provided under this Act (3) according to the Department of Housing of public housing developments for the elder- will be used, limited to projects that are des- and Urban Development report ‘‘Housing Our ly and disabled and to increase their accessi- ignated or otherwise used for occupancy— Elders—A Report Card on the Housing Condi- bility to supportive services; (i) only by elderly families; or tions and Needs of Older Americans’’, the (3) to provide elderly and disabled public (ii) by both elderly families and disabled largest and fastest growing segments of the housing residents a readily available choice families; and older population include many people who in living arrangements by utilizing the serv- (B) provides for local agencies or organiza- have historically been vulnerable economi- ices of service coordinators and providing a tions to establish or expand the provision of cally and in the housing market—women, continuum of care that allows such residents health-related services or other services that minorities, and people over the age of 85; to age in place; will enhance living conditions for residents (4) many elderly persons are at significant (4) to incorporate congregate housing serv- of public housing projects of the agency, pri- risk with respect to the availability, sta- ice programs more fully into public housing marily in the project or projects to be as- bility, and accessibility of affordable hous- operations; and sisted under the plan. ing; (5) to accomplish such purposes and pro- (b) SELECTION AND CRITERIA.— (5) one-third of public housing residents vide such funding under existing provisions (1) SELECTION.—The Secretary shall select are approximately 62 years of age or older, of law that currently authorize all activities public housing agencies for participation in making public housing the largest Federal to be conducted under the program. the demonstration program based upon a housing program for senior citizens; SEC. 3. DEFINITIONS. competition among public housing agencies (6) the elderly population residing in public In this Act: that submit applications for participation. housing is older, poorer, frailer, and more ra- (1) ASSISTED LIVING FACILITY.—The term (2) CRITERIA.—The competition referred to cially diverse than the elderly population re- ‘‘assisted living facility’’ means any public in paragraph (1) shall be based upon— siding in other assisted housing; housing project for the elderly, or for the el- (A) the extent of the need for rehabilita- (7) two-thirds of the public housing devel- derly and the non-elderly disabled, that is tion or re-configuration of the public hous- opments for the elderly, including those that operated in accordance with applicable laws ing projects of an agency that are identified also serve the disabled, were constructed be- and provides to the residents any combina- in the plan of the agency pursuant to sub- fore 1970 and are in dire need of major reha- tion of the following services: section (a)(2)(A); bilitation and configuration, such as reha- (A) Meal service adequate to meet nutri- (B) the past performance of an agency in bilitation to provide new roofs, energy-effi- tional need. serving the needs of elderly public housing cient heating, cooling, utility systems, ac- (B) Housekeeping aid. residents or non-elderly, disabled public cessible units, and up-to-date safety fea- (C) Personal assistance. housing residents given the opportunities in tures; (D) Transportation services. the locality;

VerDate jul 14 2003 03:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.065 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12289 (C) the past success of an agency in obtain- SEC. 8. CONGREGATE HOUSING SERVICES PRO- Americans who participate in defined ing non-public housing resources to assist GRAMS. contribution plans, like 401(k) plans. In (a) GRANTS.— such residents given the opportunities in the defined contribution plans, the em- locality; and (1) IN GENERAL.—The Secretary shall make (D) the effectiveness of the plan of an agen- grants to public housing agencies selected ployee—not the employer—decides how cy in creating or expanding services de- for participation under section 5, to be used much and how to invest retirement as- scribed in subsection (a)(2)(B). only— sets. As anyone who has been investing (A) in connection with public housing SEC. 6. CONFIGURATION AND CAPITAL IMPROVE- their hard earned dollars through their MENTS. projects for elderly and disabled families for employer provided plans knows, there which capital assistance is provided under (a) GRANTS.— are quite a few choices out there. They (1) IN GENERAL.—The Secretary shall make section 6; and (B) to carry out a congregate housing serv- each have their own risks and rewards, grants to public housing agencies selected but they have one thing in common— for participation under section 5, to be used ice program identified in the plan of the only— agency pursuant to section 5(a)(2) that pro- they require an employee who is in- (A) for capital improvements to rehabili- vides services as described in section 202(g)(1) vesting his or her pay to have a good tate or configure public housing projects of the Housing Act of 1959 (12 U.S.C. sense of the market. Employees find identified in the plan submitted under sec- 1701q(g)(1)). themselves having to navigate bull and tion 5(a)(2)(A); (2) SOURCE OF FUNDS.—Grants shall be bear markets, weather changes in per- (B) to provide space for supportive services made under this section from funds made available for the demonstration program in sonal and professional circumstances, and for community and health-related facili- and use long-term planning to set a ties primarily for the residents of projects accordance with subsection (c). identified in the plan submitted under sec- (3) INAPPLICABILITY OF OTHER PROVISIONS.— course that leads to retirement secu- tion 5(a)(2)(A); and Other than as specifically provided in this rity. (C) for the cost of acquisition by a public section— 401(k) plans provide great oppor- housing agency of an existing assisted living (A) section 9(c)(1) of the United States tunity as well as risk. The difference facility that is in need of rehabilitation in Housing Act of 1937 (42 U.S.C. 1437g(c)(1)) does not apply to grants made under this between the employee who can maxi- cases where the public housing agency has mize opportunity and minimize risk no elderly housing stock suitable for conver- section; and (B) section 202 of the Housing Act of 1959 and the employee who cannot is sound sion. (12 U.S.C. 1701q) does not apply to grants (2) SOURCE OF FUNDS.—Grants shall be investment advice. Unfortunately, only made under this section. made under this section from funds made 16 percent of plan participants have an (b) ALLOCATION.—The Secretary shall pro- available for the demonstration program in investment advisory service available vide a grant pursuant to this section, in an accordance with subsection (c). amount not to exceed $150,000, to each public to them through their retirement (3) INAPPLICABILITY OF OTHER PROVISIONS.— housing agency that is selected for participa- plans. This survey by the Spectrum Section 9(c)(1) of the United States Housing tion under section 5. Group confirms the existence of an ad- Act of 1937 (42 U.S.C. 1437g(c)(1)) does not (c) AUTHORIZATION OF APPROPRIATIONS.— vice gap that must be addressed. The apply to grants made under this section. There are authorized to be appropriated for (b) ALLOCATION.—Grants funded in accord- legislation I am introducing today is the demonstration program, to make grants ance with this section shall— intended to close the advice gap and in accordance with this section— (1) be allocated among public housing help workers choose wisely and chart (1) $3,000,000 for fiscal year 2004; and agencies selected for participation under sec- (2) such sums as may be necessary for fis- their course to retirement security. tion 5 on the basis of the criteria established cal year 2005 and each subsequent fiscal year. Both workers and employers are under section 5(b)(2); and acutely aware of the advice gap. Ac- (2) be made in such amounts and subject to SEC. 9. SAFEGUARDING OTHER APPROPRIA- TIONS. cording to the 2002 Transamerica Small such terms as the Secretary shall determine. Amounts authorized to be appropriated (c) AUTHORIZATION OF APPROPRIATIONS.— Business Retirement Survey, 76 per- under this Act to carry out this Act are in There are authorized to be appropriated for cent of employees felt they don’t know addition to any amounts authorized to be ap- the demonstration program, to make grants propriated under any other provision of law, as much about retirement investing as in accordance with this section— or otherwise made available in appropria- they should—up from 65 percent in 2001. (1) $100,000,000 for fiscal year 2004; and tions Acts, for rehabilitation of public hous- This view is held even more strongly (2) such sums as may be necessary for fis- ing projects, for service coordinators for pub- by employers, with 91 percent believing cal year 2005 and each subsequent fiscal year. lic housing projects, or for congregate hous- their workers don’t know enough about SEC. 7. SERVICE COORDINATORS. ing services programs. retirement investing. (a) GRANTS.— There is another gap that exists with (1) IN GENERAL.—The Secretary shall make By Mr. ENZI (for himself, Mr. grants to public housing agencies selected respect to retirement investment ad- GREGG, Mr. BOND, and Mr. for participation under section 5, to be used vice. Wealthier individuals or high- SANTORUM): only— level executives are more likely to (A) for public housing projects for elderly S. 1698. A bill to amend title I of the Employee Retirement Income Security have access to quality investment ad- and disabled families for whom capital as- vice than rank-and-file workers. The sistance is provided under section 6; and Act of 1974 and the Internal Revenue (B) to provide service coordinators and re- Code of 1986 to promote the provision Retirement Security Advice Act of 2003 lated activities identified in the plan of the of retirement investment advice to will bring access to quality investment agency pursuant to section 5(a)(2), so that workers managing their retirement in- advice, and thereby retirement secu- the residents of such public housing projects come assets; to the Committee on rity, to rank-and-file workers who need will have improved and more economical ac- it most, particularly those employed at cess to services that support the health and Health, Education, Labor, and Pen- sions. small businesses. well-being of the residents. Access to investment advice has not (2) SOURCE OF FUNDS.—Grants shall be Mr. ENZI. Mr. President, with the made under this section from funds made passage of the Sarbanes-Oxley Act, kept pace with either the increasing available for the demonstration program in Congress acted swiftly and surely to re- number of workers participating in accordance with subsection (c). store investor confidence in our capital 401(k) plans or the increasing com- (3) INAPPLICABILITY OF OTHER PROVISIONS.— markets. Something needed to be done plexity of investment options. What ac- Section 9(c)(1) of the United States Housing to assure people that it was OK for counts for the gulf between the need Act of 1937 (42 U.S.C. 1437g(c)(1)) does not them to start investing in and relying for and the supply of investment ad- apply to grants made under this section. vice? (b) ALLOCATION.—The Secretary shall pro- on the market again. People wanted to vide a grant pursuant to this section, in an feel certain that the rules had been The 1974 Employee Retirement In- amount not to exceed $100,000, to each public fixed and the market was fair for all. come Security Act (ERISA) imposes housing agency that is selected for participa- Although I am proud we were able to outdated barriers to the provision of tion under section 5. do that, we all knew that there was investment advice to workers partici- (c) AUTHORIZATION OF APPROPRIATIONS.— still more that needed to be done to pating in 401(k) plans. ERISA prevents There are authorized to be appropriated for help the millions of American workers investment advisors who have an affili- the demonstration program, to make grants in accordance with this section— whose retirement savings are fueled by ation with the investment options (1) $2,000,000 for fiscal year 2004; and the financial markets. available under the plan from pro- (2) such sums as may be necessary for fis- There’s a gap that still threatens the viding investment advice to plan par- cal year 2005 and each subsequent fiscal year. retirement security of the 42 million ticipants. This restriction might have

VerDate jul 14 2003 04:02 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.056 S01PT1 S12290 CONGRESSIONAL RECORD — SENATE October 1, 2003 seemed reasonable in 1974 when retire- I ask unanimous consent that the or any affiliate thereof is to receive (includ- ment plans were dominated by tradi- text of the bill be printed in the ing compensation provided by any third tional defined benefit pension plans. RECORD. party) in connection with the provision of There being no objection, the bill was the advice or in connection with the sale, ac- However, the explosion in 401(k) quisition, or holding of the security or other plans—and thus the need to provide ordered to be printed in the RECORD, as property, workers with investment advice serv- follows: ‘‘(ii) of any material affiliation or contrac- ices—was not imagined in 1974. S. 1698 tual relationship of the fiduciary adviser or This bill will allow employers to pro- Be it enacted by the Senate and House of Rep- affiliates thereof in the security or other vide their employees with access to resentatives of the United States of America in property, quality investment advice so long as Congress assembled, ‘‘(iii) of any limitation placed on the scope of the investment advice to be provided by the advisors fully and clearly disclose SECTION 1. SHORT TITLE AND TABLE OF CON- TENTS. the fiduciary adviser with respect to any their fees and any potential conflicts of such sale, acquisition, or holding of a secu- interest. Furthermore, investment ad- This Act may be cited as the ‘‘Retirement Security Advice Act of 2003’’. rity or other property, visors are subject to ERISA’s stringent ‘‘(iv) of the types of services provided by SEC. 2. PROHIBITED TRANSACTION EXEMPTION the fiduciary adviser in connection with the fiduciary obligations, which requires FOR THE PROVISION OF INVEST- them to act solely in the best interest MENT ADVICE. provision of investment advice by the fidu- ciary adviser, (a) AMENDMENTS TO THE EMPLOYEE RETIRE- of plan participants. Investment advi- ‘‘(v) that the adviser is acting as a fidu- MENT INCOME SECURITY ACT OF 1974.— sors who breach this fiduciary duty are ciary of the plan in connection with the pro- (1) EXEMPTION FROM PROHIBITED TRANS- subject to a lawsuit by the worker, an- vision of the advice, and ACTIONS.—Section 408(b) of the Employee Re- other plan fiduciary, the plan itself, or ‘‘(vi) that a recipient of the advice may tirement Income Security Act of 1974 (29 separately arrange for the provision of ad- the Department of Labor. Employers U.S.C. 1108(b)) is amended by adding at the vice by another adviser, that could have no also have the fiduciary obligation of end the following new paragraph: material affiliation with and receive no fees prudently selecting and periodically re- ‘‘(14)(A) Any transaction described in sub- or other compensation in connection with paragraph (B) in connection with the provi- viewing advice providers. the security or other property, Let us remember that workers are sion of investment advice described in sec- ‘‘(B) the fiduciary adviser provides appro- not required to either seek or follow tion 3(21)(A)(ii), in any case in which— priate disclosure, in connection with the ‘‘(i) the investment of assets of the plan is the investment advice. All advice given sale, acquisition, or holding of the security subject to the direction of plan participants is strictly voluntary. With clear and or other property, in accordance with all ap- or beneficiaries, full disclosure of fee arrangements and plicable securities laws, ‘‘(ii) the advice is provided to the plan or a ‘‘(C) the sale, acquisition, or holding oc- potential conflicts of interest, plan participant or beneficiary of the plan by a fi- participants can decide for themselves curs solely at the direction of the recipient duciary adviser in connection with any sale, of the advice, whether or not to act on it. acquisition, or holding of a security or other ‘‘(D) the compensation received by the fi- Some of my colleagues might argue property for purposes of investment of plan duciary adviser and affiliates thereof in con- that only independent investment advi- assets, and nection with the sale, acquisition, or holding sors should be allowed to provide in- ‘‘(iii) the requirements of subsection (g) of the security or other property is reason- vestment advice to plan participants. are met in connection with the provision of able, and the advice. ‘‘(E) the terms of the sale, acquisition, or This ignores both the realities of the ‘‘(B) The transactions described in this marketplace for investment advice and holding of the security or other property are subparagraph are the following: at least as favorable to the plan as an arm’s the needs of employees and employers. ‘‘(i) the provision of the advice to the plan, length transaction would be. Excluding many of the most qualified participant, or beneficiary; ‘‘(2) STANDARDS FOR PRESENTATION OF IN- financial services companies from of- ‘‘(ii) the sale, acquisition, or holding of a FORMATION.— fering investment advice to plan par- security or other property (including any ‘‘(A) IN GENERAL.—The notification re- ticipants will leave a large void in the lending of money or other extension of credit quired to be provided to participants and associated with the sale, acquisition, or 401(k) advice marketplace. Conversely, beneficiaries under paragraph (1)(A) shall be holding of a security or other property) pur- written in a clear and conspicuous manner increasing competition in this market- suant to the advice; and and in a manner calculated to be understood place will promote better quality and ‘‘(iii) the direct or indirect receipt of fees by the average plan participant and shall be lower costs—both to the benefit of plan or other compensation by the fiduciary ad- sufficiently accurate and comprehensive to participants. viser or an affiliate thereof (or any em- reasonably apprise such participants and Restricting the provision of invest- ployee, agent, or registered representative of beneficiaries of the information required to ment advice services to independent the fiduciary adviser or affiliate) in connec- be provided in the notification. advisors ensures that the advice gap tion with the provision of the advice or in ‘‘(B) MODEL FORM FOR DISCLOSURE OF FEES connection with a sale, acquisition, or hold- will remain wide—particularly at small AND OTHER COMPENSATION.—The Secretary ing of a security or other property pursuant shall issue a model form for the disclosure of businesses. Employers would be re- to the advice.’’. fees and other compensation required in quired to look outside of their plan’s (2) REQUIREMENTS.—Section 408 of such Act paragraph (1)(A)(i) which meets the require- current administrative arrangement is amended further by adding at the end the ments of subparagraph (A). and hire another financial institution following new subsection: ‘‘(3) EXEMPTION CONDITIONED ON MAKING RE- to provide investment advice services ‘‘(g) REQUIREMENTS RELATING TO PROVISION QUIRED INFORMATION AVAILABLE ANNUALLY, ON to employees. For small companies OF INVESTMENT ADVICE BY FIDUCIARY ADVIS- REQUEST, AND IN THE EVENT OF MATERIAL ERS.— like those in Wyoming, meeting this CHANGE.—The requirements of paragraph ‘‘(1) IN GENERAL.—The requirements of this (1)(A) shall be deemed not to have been met criteria would be almost impossible. subsection are met in connection with the in connection with the initial or any subse- Small employers face unique resource provision of investment advice referred to in quent provision of advice described in para- and personnel limitations. The cost of section 3(21)(A)(ii), provided to an employee graph (1) to the plan, participant, or bene- researching, selecting, and paying for benefit plan or a participant or beneficiary ficiary if, at any time during the provision of the services of an independent advice of an employee benefit plan by a fiduciary advisory services to the plan, participant, or provider will deter small employers adviser with respect to the plan in connec- beneficiary, the fiduciary adviser fails to from providing this valued benefit to tion with any sale, acquisition, or holding of maintain the information described in a security or other property for purposes of clauses (i) through (iv) of paragraph (1)(A) in employees. investment of amounts held by the plan, if— The key to retirement security for currently accurate form and in the manner ‘‘(A) in the case of the initial provision of described in paragraph (2) or fails— 401(k) participants is quality invest- the advice with regard to the security or ‘‘(A) to provide, without charge, such cur- ment advice, tailored to the needs of other property by the fiduciary adviser to rently accurate information to the recipient each worker. The key to expanding the the plan, participant, or beneficiary, the fi- of the advice no less than annually, number of workers getting such advice duciary adviser provides to the recipient of ‘‘(B) to make such currently accurate in- is increasing competition in the mar- the advice, at a time reasonably contem- formation available, upon request and with- ketplace for investment advice while poraneous with the initial provision of the out charge, to the recipient of the advice, or advice, a written notification (which may ‘‘(C) in the event of a material change to providing meaningful protection and consist of notification by means of elec- the information described in clauses (i) disclosure to workers. The Retirement tronic communication)— through (iv) of paragraph (1)(A), to provide, Security Advice Act will open the door ‘‘(i) of all fees or other compensation relat- without charge, such currently accurate in- to both. ing to the advice that the fiduciary adviser formation to the recipient of the advice at a

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time reasonably contemporaneous to the ma- ‘‘(iv) a person registered as a broker or ERS.—The requirements of this subparagraph terial change in information. dealer under the Securities Exchange Act of (referred to in subsection (d)(16)(C)) are met ‘‘(4) MAINTENANCE FOR 6 YEARS OF EVIDENCE 1934 (15 U.S.C. 78a et seq.), in connection with the provision of invest- OF COMPLIANCE.—A fiduciary adviser referred ‘‘(v) an affiliate of a person described in ment advice referred to in subsection to in paragraph (1) who has provided advice any of clauses (i) through (iv), or (e)(3)(B), provided to a plan or a participant referred to in such paragraph shall, for a pe- ‘‘(vi) an employee, agent, or registered rep- or beneficiary of a plan by a fiduciary ad- riod of not less than 6 years after the provi- resentative of a person described in any of viser with respect to the plan in connection sion of the advice, maintain any records nec- clauses (i) through (v) who satisfies the re- with any sale, acquisition, or holding of a se- essary for determining whether the require- quirements of applicable insurance, banking, curity or other property for purposes of in- ments of the preceding provisions of this and securities laws relating to the provision vestment of amounts held by the plan, if— subsection and of subsection (b)(14) have of the advice. ‘‘(i) in the case of the initial provision of been met. A transaction prohibited under ‘‘(B) AFFILIATE.—The term ‘affiliate’ of an- the advice with regard to the security or section 406 shall not be considered to have other entity means an affiliated person of other property by the fiduciary adviser to occurred solely because the records are lost the entity (as defined in section 2(a)(3) of the the plan, participant, or beneficiary, the fi- or destroyed prior to the end of the 6-year Investment Company Act of 1940 (15 U.S.C. duciary adviser provides to the recipient of period due to circumstances beyond the con- 80a–2(a)(3))). the advice, at a time reasonably contem- trol of the fiduciary adviser. ‘‘(C) REGISTERED REPRESENTATIVE.—The poraneous with the initial provision of the ‘‘(5) EXEMPTION FOR PLAN SPONSOR AND CER- term ‘registered representative’ of another advice, a written notification (which may TAIN OTHER FIDUCIARIES.— entity means a person described in section consist of notification by means of elec- ‘‘(A) IN GENERAL.—Subject to subparagraph 3(a)(18) of the Securities Exchange Act of tronic communication)— (B), a plan sponsor or other person who is a 1934 (15 U.S.C. 78c(a)(18)) (substituting the ‘‘(I) of all fees or other compensation relat- fiduciary (other than a fiduciary adviser) entity for the broker or dealer referred to in ing to the advice that the fiduciary adviser shall not be treated as failing to meet the re- such section) or a person described in section or any affiliate thereof is to receive (includ- quirements of this part solely by reason of 202(a)(17) of the Investment Advisers Act of ing compensation provided by any third the provision of investment advice referred 1940 (15 U.S.C. 80b–2(a)(17)) (substituting the party) in connection with the provision of to in section 3(21)(A)(ii) (or solely by reason entity for the investment adviser referred to the advice or in connection with the sale, ac- of contracting for or otherwise arranging for in such section).’’. quisition, or holding of the security or other the provision of the advice), if— (b) AMENDMENTS TO THE INTERNAL REVENUE property, ‘‘(II) of any material affiliation or contrac- ‘‘(i) the advice is provided by a fiduciary CODE OF 1986.— tual relationship of the fiduciary adviser or adviser pursuant to an arrangement between (1) EXEMPTION FROM PROHIBITED TRANS- affiliates thereof in the security or other the plan sponsor or other fiduciary and the ACTIONS.—Subsection (d) of section 4975 of fiduciary adviser for the provision by the fi- the Internal Revenue Code of 1986 (relating property, ‘‘(III) of any limitation placed on the scope duciary adviser of investment advice re- to exemptions from tax on prohibited trans- of the investment advice to be provided by ferred to in such section, actions) is amended— the fiduciary adviser with respect to any ‘‘(ii) the terms of the arrangement require (A) in paragraph (14), by striking ‘‘or’’ at such sale, acquisition, or holding of a secu- compliance by the fiduciary adviser with the the end; rity or other property, requirements of this subsection, and (B) in paragraph (15), by striking the pe- ‘‘(IV) of the types of services provided by ‘‘(iii) the terms of the arrangement include riod at the end and inserting ‘‘;or’’; and the fiduciary adviser in connection with the a written acknowledgment by the fiduciary (C) by adding at the end the following new provision of investment advice by the fidu- adviser that the fiduciary adviser is a fidu- paragraph: ciary adviser, ciary of the plan with respect to the provi- ‘‘(16) any transaction described in sub- ‘‘(V) that the adviser is acting as a fidu- sion of the advice. section (f)(7)(A) in connection with the pro- ciary of the plan in connection with the pro- ‘‘(B) CONTINUED DUTY OF PRUDENT SELEC- vision of investment advice described in sub- vision of the advice, and TION OF ADVISER AND PERIODIC REVIEW.—Noth- section (e)(3)(B)(i), in any case in which— ‘‘(VI) that a recipient of the advice may ing in subparagraph (A) shall be construed to ‘‘(A) the investment of assets of the plan is separately arrange for the provision of ad- exempt a plan sponsor or other person who is subject to the direction of plan participants vice by another adviser, that could have no a fiduciary from any requirement of this or beneficiaries, material affiliation with and receive no fees part for the prudent selection and periodic ‘‘(B) the advice is provided to the plan or a or other compensation in connection with review of a fiduciary adviser with whom the participant or beneficiary of the plan by a fi- the security or other property, plan sponsor or other person enters into an duciary adviser in connection with any sale, ‘‘(ii) the fiduciary adviser provides appro- arrangement for the provision of advice re- acquisition, or holding of a security or other priate disclosure, in connection with the ferred to in section 3(21)(A)(ii). The plan property for purposes of investment of plan sale, acquisition, or holding of the security sponsor or other person who is a fiduciary assets, and or other property, in accordance with all ap- has no duty under this part to monitor the ‘‘(C) the requirements of subsection plicable securities laws, specific investment advice given by the fidu- (f)(7)(B) are met in connection with the pro- ‘‘(iii) the sale, acquisition, or holding oc- ciary adviser to any particular recipient of vision of the advice.’’. curs solely at the direction of the recipient the advice. (2) ALLOWED TRANSACTIONS AND REQUIRE- of the advice, ‘‘(C) AVAILABILITY OF PLAN ASSETS FOR PAY- MENTS.—Subsection (f) of such section 4975 ‘‘(iv) the compensation received by the fi- MENT FOR ADVICE.—Nothing in this part shall (relating to other definitions and special duciary adviser and affiliates thereof in con- be construed to preclude the use of plan as- rules) is amended by adding at the end the nection with the sale, acquisition, or holding sets to pay for reasonable expenses in pro- following new paragraph: of the security or other property is reason- viding investment advice referred to in sec- ‘‘(7) PROVISIONS RELATING TO INVESTMENT able, and tion 3(21)(A)(ii). ADVICE PROVIDED BY FIDUCIARY ADVISERS.— ‘‘(v) the terms of the sale, acquisition, or ‘‘(6) DEFINITIONS.—For purposes of this sub- ‘‘(A) TRANSACTIONS ALLOWABLE IN CONNEC- holding of the security or other property are section and subsection (b)(14)— TION WITH INVESTMENT ADVICE PROVIDED BY at least as favorable to the plan as an arm’s ‘‘(A) FIDUCIARY ADVISER.—The term ‘fidu- FIDUCIARY ADVISERS.—The transactions re- length transaction would be. ciary adviser’ means, with respect to a plan, ferred to in subsection (d)(16), in connection ‘‘(C) STANDARDS FOR PRESENTATION OF IN- a person who is a fiduciary of the plan by with the provision of investment advice by a FORMATION.—The notification required to be reason of the provision of investment advice fiduciary adviser, are the following: provided to participants and beneficiaries by the person to the plan or to a participant ‘‘(i) the provision of the advice to the plan, under subparagraph (B)(i) shall be written in or beneficiary and who is— participant, or beneficiary; a clear and conspicuous manner and in a ‘‘(i) registered as an investment adviser ‘‘(ii) the sale, acquisition, or holding of a manner calculated to be understood by the under the Investment Advisers Act of 1940 (15 security or other property (including any average plan participant and shall be suffi- U.S.C. 80b–1 et seq.) or under the laws of the lending of money or other extension of credit ciently accurate and comprehensive to rea- State in which the fiduciary maintains its associated with the sale, acquisition, or sonably apprise such participants and bene- principal office and place of business, holding of a security or other property) pur- ficiaries of the information required to be ‘‘(ii) a bank or similar financial institution suant to the advice; and provided in the notification. referred to in section 408(b)(4) or a savings ‘‘(iii) the direct or indirect receipt of fees ‘‘(D) EXEMPTION CONDITIONED ON MAKING RE- association (as defined in section 3(b)(1) of or other compensation by the fiduciary ad- QUIRED INFORMATION AVAILABLE ANNUALLY, ON the Federal Deposit Insurance Act (12 U.S.C. viser or an affiliate thereof (or any em- REQUEST, AND IN THE EVENT OF MATERIAL 1813(b)(1))), but only if the advice is provided ployee, agent, or registered representative of CHANGE.—The requirements of subparagraph through a trust department of the bank or the fiduciary adviser or affiliate) in connec- (B)(i) shall be deemed not to have been met similar financial institution or savings asso- tion with the provision of the advice or in in connection with the initial or any subse- ciation which is subject to periodic examina- connection with a sale, acquisition, or hold- quent provision of advice described in sub- tion and review by Federal or State banking ing of a security or other property pursuant paragraph (B) to the plan, participant, or authorities, to the advice. beneficiary if, at any time during the provi- ‘‘(iii) an insurance company qualified to do ‘‘(B) REQUIREMENTS RELATING TO PROVISION sion of advisory services to the plan, partici- business under the laws of a State, OF INVESTMENT ADVICE BY FIDUCIARY ADVIS- pant, or beneficiary, the fiduciary adviser

VerDate jul 14 2003 03:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.057 S01PT1 S12292 CONGRESSIONAL RECORD — SENATE October 1, 2003 fails to maintain the information described ‘‘(V) an affiliate of a person described in participants have access to investment in subclauses (I) through (IV) of subpara- any of subclauses (I) through (IV), or advice through their pension plan. In graph (B)(i) in currently accurate form and ‘‘(VI) an employee, agent, or registered today’s complex investment environ- in the manner required by subparagraph (C), representative of a person described in any of ment that is simply too little help for or fails— subclauses (I) through (V) who satisfies the employees who are trying to manage ‘‘(i) to provide, without charge, such cur- requirements of applicable insurance, bank- rently accurate information to the recipient ing, and securities laws relating to the provi- their retirement security. of the advice no less than annually, sion of the advice. Senator ENZI’s bill addresses this sit- ‘‘(ii) to make such currently accurate in- ‘‘(ii) AFFILIATE.—The term ‘affiliate’ of an- uation in a responsible way. For most formation available, upon request and with- other entity means an affiliated person of businesses, and particularly small out charge, to the recipient of the advice, or the entity (as defined in section 2(a)(3) of the firms, the logical place to look for an ‘‘(iii) in the event of a material change to Investment Company Act of 1940 (15 U.S.C. investment advisor would be the com- the information described in subclauses (I) 80a–2(a)(3))). through (IV) of subparagraph (B)(i), to pro- pany that manage’s the plan’s invest- ‘‘(iii) REGISTERED REPRESENTATIVE.—The ment options or an affiliated firm. vide, without charge, such currently accu- term ‘registered representative’ of another rate information to the recipient of the ad- Under Senator ENZI’s bill that option entity means a person described in section would now be available, opening the vice at a time reasonably contemporaneous 3(a)(18) of the Securities Exchange Act of to the material change in information. 1934 (15 U.S.C. 78c(a)(18)) (substituting the door for countless businesses to offer ‘‘(E) MAINTENANCE FOR 6 YEARS OF EVIDENCE entity for the broker or dealer referred to in this important benefit at a low cost to OF COMPLIANCE.—A fiduciary adviser referred such section) or a person described in section their employees who participate in the to in subparagraph (B) who has provided ad- 202(a)(17) of the Investment Advisers Act of company’s pension plan. In addition, vice referred to in such subparagraph shall, by allowing more businesses to offer in- for a period of not less than 6 years after the 1940 (15 U.S.C. 80b–2(a)(17)) (substituting the provision of the advice, maintain any records entity for the investment adviser referred to vestment-advice benefits, the bill cre- necessary for determining whether the re- in such section).’’. ates an opportunity for increased com- quirements of the preceding provisions of Mr. BOND. Mr. President, I rise petition among investment advisors, this paragraph and of subsection (d)(16) have today to cosponsor the Retirement Se- which can lead to better advice prod- been met. A transaction prohibited under curity Advice Act of 2003, introduced ucts and lower costs overall. subsection (c)(1) shall not be considered to by my good friend from Wyoming, Sen- Senator ENZI’s bill, however, does not have occurred solely because the records are ator MIKE ENZI. I do so because this bill simply change the rules to help the lost or destroyed prior to the end of the 6- holds important implications for small business community. It also includes year period due to circumstances beyond the critical protections for the plan par- control of the fiduciary adviser. businesses in this county and for the ‘‘(F) EXEMPTION FOR PLAN SPONSOR AND millions of Americans they employ. ticipants. Investment advisors must CERTAIN OTHER FIDUCIARIES.—A plan sponsor In 1996, we created the Savings Incen- satisfy strict requirements concerning or other person who is a fiduciary (other tive Match Plans for Employees (SIM- their qualifications, and they must dis- than a fiduciary adviser) shall not be treated PLE) as a pension-plan option for small close on a regular basis all their busi- as failing to meet the requirements of this firms in this country. The goal was a ness relationships, fees, and potential section solely by reason of the provision of conflicts of interest directly to the par- investment advice referred to in subsection simple one: provide a pension plan with low administrative costs for employers ticipants. In addition, and arguably (e)(3)(B) (or solely by reason of contracting most importantly, the investment ad- for or otherwise arranging for the provision so they can offer pension benefits to of the advice), if— encourage employees to save for their visor must assume fiduciary liability ‘‘(i) the advice is provided by a fiduciary retirement. I am pleased that these for the investment advice it renders to adviser pursuant to an arrangement between plans have become quite popular, and the employee participants in the plan. the plan sponsor or other fiduciary and the together with the other pension sim- In short, if the investment advisor does fiduciary adviser for the provision by the fi- plifications and improvements enacted not act solely in the interest of the duciary adviser of investment advice re- participant, it will be liable for dam- since then, they have contributed to ferred to in such section, ages resulting from the breach of its ‘‘(ii) the terms of the arrangement require better access to pension benefits by fidicuary duty. Together, the bill’s pro- compliance by the fiduciary adviser with the small businesses and their employees. visions provide substantive safeguards requirements of this paragraph, Greater retirement savings, however, to protect the interests of the plan par- ‘‘(iii) the terms of the arrangement include have raised new and complex issues for a written acknowledgment by the fiduciary ticipants who take advantage of the many employees who have seen their adviser that the fiduciary adviser is a fidu- new investment-advice benefit. ciary of the plan with respect to the provi- pension accounts grow substantially. Some have contended that a better sion of the advice, and As a member of both the Senate Small alternative is to force small businesses ‘‘(iv) the requirements of part 4 of subtitle Business Committee and the Health, to engage an independent third party B of title I of the Employee Retirement In- Education, Labor, and Pension Com- come Security Act of 1974 are met in connec- to provide investment advice. I dis- mittee, I have heard many constitents agree. The result would simply be the tion with the provision of such advice. raise difficult questions in this area: ‘‘(G) DEFINITIONS.—For purposes of this same as under current law. Cost is a paragraph and subsection (d)(16)— What are appropriate investments for real issue for small businesses seeking ‘‘(i) FIDUCIARY ADVISER.—The term ‘fidu- my personal circumstances and risk to offer benefits like pension plans and ciary adviser’ means, with respect to a plan, tolerance? Should I buy stocks, bonds, related investment advice—hence, the a person who is a fiduciary of the plan by annuities, or something else? How genesis of the SIMPLE pension plan. reason of the provision of investment advice should I diversify my investments? As under the current rules, if the only by the person to the plan or to a participant When should I modify my investment or beneficiary and who is— option is a costly outside advisor, the ‘‘(I) registered as an investment adviser mix? And so on. small firm will not offer the invest- under the Investment Advisers Act of 1940 (15 The importance of these questions ment-advise benefit. As a result, we U.S.C. 80b–1 et seq.) or under the laws of the has increased substantially in light of would not move the ball even a yard State in which the fiduciary maintains its recent high-profile business failures further—employers would still be left principal office and place of business, and economic downtown. Gone are the to their own devices to figure out the ‘‘(II) a bank or similar financial institution days of the momentum market where complex world of investing or they referred to in subsection (d)(4) or a savings any dollar invested seemed to grow association (as defined in section 3(b)(1) of would have to seek out and hire their the Federal Deposit Insurance Act (12 U.S.C. with little effort or no risk. own advisor, which few have the where- 1813(b)(1))), but only if the advice is provided The return to more cautious invest- withal to do. through a trust department of the bank or ing has left employees who participate More to the point, nothing under the similar financial institution or savings asso- in employer-sponsored pension plans in Enzi bill prevents a business from en- ciation which is subject to periodic examina- a real dilemma—hire an outside invest- gaging an independent advisor if the tion and review by Federal or State banking ment advisor or go it alone in most employer deems that the best alter- authorities, cases. Why? Current pension rules ef- native. The standard under the Enzi ‘‘(III) an insurance company qualified to do fectively preclude most employers business under the laws of a State, bill for selecting the investment advi- ‘‘(IV) a person registered as a broker or from offering investment advice to sor is prudence; the same criteria that dealer under the Securities Exchange Act of their employees. In fact, recent esti- the employer must exercise under cur- 1934 (15 U.S.C. 78a et seq.), mates are that only about 16 percent of rent law when selecting the company

VerDate jul 14 2003 04:02 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.057 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12293 that manages the pension plan and its CLINTON, Ms. CANTWELL, Mrs. rity of our criminal justice system, we investment options. If a prudent person MURRAY, and Ms. LANDRIEU): differed on the means to accomplish would not hire or retain the invest- S. 1700. A bill to eliminate the sub- that end. ment advisor, then under the Enzi bill, stantial backlog of DNA samples col- Today, I am proud to support the the employer should not do so either or lected from crime scenes and convicted compromise proposal we have nego- face liability for breach of fiduciary offenders, to improve and expand the tiated, and join together with my duty. Again, additional protection for DNA testing capacity of Federal, friend, Senator LEAHY, to introduce the the plan participants. State, and local crime laboratories, to Innocence Protection Act of 2003 as In my assessment, investment advice increase research and development of part of this legislative package. I want is an increasingly important benefit new DNA testing technologies, to de- to specifically congratulate Senator that employers want and need. velop new training programs regarding LEAHY for his accomplishment and for Morover, small businesses in particular the collection and use of DNA evidence, his dedication to this important issue. need the flexibility to offer benefits to provide post-conviction testing of It is perhaps fitting that 50 years that keep them competitive with big DNA evidence to exonerate the inno- after the discovery of DNA by Dr. companies as they seek to hire and re- cent, to improve the performance of James Watson in 1953, we are now pro- posing to enact the most far-reaching tain the very best employees possible. counsel in State capital cases, and for and comprehensive expansion of DNA And when we talk about small busi- other purposes; to the Committee on technology to promote public safety, to nesses, we are not dealing with an in- the Judiciary. bring to justice violent criminals who significant employer in this country. Mr. HATCH. Mr. President, I rise can be identified through DNA tech- In fact, according to Small Business today to introduce a comprehensive bi- nology, and to ensure the accuracy of Administration data, small businesses partisan bill which will ensure the full use and availability of DNA technology our criminal justice system. represent 99 percent of all employers Let me take a moment to highlight in our criminal justice system. This and provide 60 to 80 percent of the net the important provisions of this bill. bill, which enacts the President’s DNA new jobs annually in this country. The bill enacts the President’s com- The Retirement Security Advice Act technology initiative, announced by prehensive DNA initiative, ‘‘Advancing provides a carefully balanced and re- Attorney General Ashcroft on March Justice Through DNA Technology,’’ sponsible solution to this situation. 11, 2003, will provide over $1 billion in and will authorize funding of $755 mil- Most importantly, it provides a solu- funding and assistance over the next 5 lion for the Debbie Smith DNA Backlog tion that employers will actually use years to the criminal justice system in Grant Program in order to eliminate to offer the investment advice sought order to realize the full potential of the current backlog of unanalyzed DNA by their employers who struggle to put DNA technology to solve crimes, pro- samples in our Nation’s crime labs. It money aside in the hopes of having a tect the public and exonerate the inno- is critical that such funding be appro- nest egg that someday will provide cent. priated to ensure that unanalyzed evi- them with a comfortable retirement. I The legislation I am introducing dence from violent crime scenes, such am pleased to co-sponsor this bill and today represents a bipartisan com- as rape and murder, are compared look forward to working with my col- promise which was reached through ex- against known DNA samples to solve league from Wyoming to see it enacted tensive negotiations among Senators these terrible crimes and apprehend into law. on the Judiciary Committee and mem- the perpetrators. bers from the House Committee on the As many of you know, Debbie Smith By Mr. INHOFE: Judiciary. I want to first commend my is the courageous survivor of a horrific S. 1699. A bill to amend the Head counterpart, Chairman SENSEN- sexual assault, and has become a lead- Start Act to require parental consent BRENNER, for his steady leadership on ing spokesperson for women and crime for nonemergency intrusive physical this issue and his commitment to victims across the country. Debbie examinations; to the Committee on reaching an agreement, and note the Smith waited 6 years before Norman Health, Education, Labor and Pen- commitment and dedication of Rep- Jimmerson, a current inmate in a Vir- sions. resentatives CONYERS, COBLE, LAHOOD, ginia prison, was identified as her Mr. INHOFE. Mr. President, today I and DELAHUNT to this important initia- attacker through DNA. Debbie testified am introducing legislation to require tive. against Jimmerson, who is now serving parental consent for intrusive physical I also want to commend my col- two life sentences plus 25 years with no exams, genital exams, administered leagues here in the Senate: Senators chance of parole. under the Head Start program. BIDEN, SPECTER, LEAHY, DEWINE, and Debbie Smith has dedicated herself Young children attending Head Start FEINSTEIN—who each have a long- to the elimination of the backlog in programs should not be subjected to standing commitment to issues in- the processing of DNA evidence and these invasive exams without the prior cluded in this comprehensive DNA bill. samples. By eliminating the substan- knowledge or consent of their parents. We have worked together on DNA tial backlog of DNA samples for the While the Department of Health and issues for many years, and thanks to most serious violent offenses, we can Human Services has administered gen- each of their efforts we now are in the solve more crimes, protect the public eral exam guidelines to agencies, the position to enact bipartisan legislation and apprehend more violent criminals. U.S. Code is not clear about prohib- that enhances the use of DNA tech- The National Institute of Justice esti- iting them without parental consent. nology in our criminal justice system. mates that the current backlog of rape My bill will clarify the Code by not al- I want to express my personal thanks and homicide cases is at least 350,000 lowing any non-emergency invasive to all of them for their leadership and cases. NIJ also estimates that there genital exam by a Head Start agency contributions to this important piece are between 300,000 and 500,000 col- without parental consent. of legislation. lected, but untested convicted offender As a father and grandfather, I believe Also, I want to highlight specifically samples. In addition, the Justice De- it is vital for parents to be informed the accomplishment today of the rank- partment estimates that there are be- about what is happening to their chil- ing member of our Judiciary Com- tween 500,000 and 1,000,000 convicted of- dren in the classroom. I hope that my mittee, Senator LEAHY. For several fender samples which have not yet been colleagues will join me in support of years, Senator LEAHY has dedicated collected as required by law. this important bill. himself to the issue of DNA technology The President has directed the Jus- and ensuring that such technology is tice Department to eliminate these By Mr. HATCH (for himself, Mr. used to protect the integrity of our backlogs completely within 5 years, BIDEN, Mr. SPECTER, Mr. LEAHY, criminal justice system by exonerating and I am committed to doing every- Mr. DEWINE, Mrs. FEINSTEIN, the innocent while punishing the thing in my power to make that a re- Mr. SMITH, Mr. KENNEDY, Ms. guilty. He has worked tirelessly in this ality to ensure that the evidence is COLLINS, Mr. SCHUMER, Mr. area as the sponsor of the Innocence analyzed, the crimes solved and the WARNER, Mr. DURBIN, Mr. Protection Act. While we both shared a criminals punished to the fullest ex- CAMPBELL, Mr. KOHL, Mrs. common goal of protecting the integ- tent of the law.

VerDate jul 14 2003 03:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.055 S01PT1 S12294 CONGRESSIONAL RECORD — SENATE October 1, 2003 The proposed legislation also will innocence was actually false, the de- quality of representation in State cap- solve more crimes by expanding State fendant can then be prosecuted and, if ital cases, and whether such sentences and local crime lab capacity to test convicted, will be subject to a consecu- are meted out fairly. I am proud, how- DNA. Crime laboratories face increas- tive term of imprisonment of 3 years. ever, to support this proposal where we ing workloads and increased DNA anal- Further, the act allows DNA test re- can all agree—we can improve the per- ysis demands. Only 10 percent of public sults to be entered into the CODIS formance of counsel on both sides by crime labs have automated facilities database and compared against un- awarding grants to States. These funds needed to process DNA testing, and solved crimes. If the test result shows will be equally divided between pros- help is needed in this area. We must ex- that the defendant committed another ecutors and defense counsel, and are pand the capacity of these laboratories crime, the defendant may then be pros- designed to reduce to the maximum ex- to meet current demand and build for ecuted for the other crime. tent possible the occurrence of error in future needs. That is what the bill will With respect to the States, the act the conduct of capital trials in our do. encourages States to create similar States. We all agree that reducing trial The bill also will increase research DNA testing procedures, and provides error is a laudable goal. By doing so, and development of new technologies funding assistance to those States that we enhance the fairness of our capital to test DNA; provides training of have existing DNA testing programs or punishment system. criminal justice professionals to en- that implement such DNA testing pro- Every defendant in our criminal jus- hance collection and understanding of grams after enactment of this act. In tice system is afforded the guarantee DNA evidence; and expands existing honor of Kirk Bloodsworth, a death by the sixth amendment of our Con- programs to train medical personnel row inmate, who was eventually freed stitution of competent and effective who typically are the first to have con- through post-conviction DNA testing, counsel. The Supreme Court has en- tact with sexual assault victims so the bill creates and names a grant pro- forced this right in numerous decisions that they can collect and preserve crit- gram after Mr. Bloodsworth to help the in order to ensure that all defendants ical biological evidence for DNA test- States conduct appropriate post-con- are afforded the constitutional protec- ing and comparison purposes. viction DNA testing. With the new tions guaranteed to them. Some have suggested that focusing source of funding, more States will At the same time, the public is enti- exclusively on DNA technology ignores enact DNA testing programs, and will tled to quality representation by pros- the significant need for funding and as- provide such testing on an expedited ecutors who handle capital cases. sistance to State and local crime labs basis. Training and monitoring the perform- for non-DNA forensic analyses. The While DNA testing is now standard in ance of prosecutors who handle these proposed bill expands the Paul Cover- pretrial criminal investigations today, important cases will ensure that States dell Grant Program to provide assist- the integrity of our criminal justice and the public are fully and effectively ance to the States to eliminate non- system and in particular, our death served in the trial of capital cases. DNA forensic evidence backlogs. I rec- penalty system, can be enhanced with Contrary to the view of some, I do ognize that forensic examination of the appropriate use of DNA testing. No not believe that our capital punish- ballistics evidence, fingerprints, sus- one disagrees with the fact that post- ment is broken. However, I do believe pected illegal drugs, and other evidence conviction DNA testing should be made that our justice system can always be is critical to our criminal justice sys- available to defendants when it serves improved. The grants proposed under tem. I am committed to addressing the ends of justice. I am convinced that the act will enable states to improve these needs as well in order to protect the proposed legislation does so fairly the performance of prosecutors and de- the public. and effectively with proper regard for fense counsel to ensure that capital The legislation will not only speed the rights of the defendant and the in- cases are handled more efficiently and the apprehension and prosecution of terests of victims and their families. effectively, and that every capital de- the guilty, but will protect the inno- Finally, Title III of the bill creates a fendant will receive a fair trial under cent from wrongful prosecution. DNA new grant program to improve the per- our justice system. technology allows us to exclude inno- formance of counsel—prosecutors and DNA technology has the power to cent people as suspects early in an in- defense counsel—handling State cap- convict the guilty and protect the in- vestigation, and allows law enforce- ital cases. The issue of the death pen- nocent and will move our criminal jus- ment to focus on finding the true per- alty in our country continues to spark tice system into a new era that is both petrator. significant debate. The recent Supreme fair and efficient. The President’s DNA The Innocence Protection Act of 2003, Court decisions addressing capital pun- initiative is a forward-looking meas- developed under the leadership of Sen- ishment underscore the importance of ure, which will improve significant as- ator LEAHY, which is included as Title this issue to the American people. It is pects of federal, state and local crimi- III of this bill, creates a federal post- an issue that engenders great passion, nal justice systems. We are poised to conviction DNA testing scheme which both among its supporters and among enter that new era. With this com- authorizes DNA testing and relief for a its opponents. A large majority of the prehensive proposal, we will ensure the convicted defendant, where the defend- American people believe in the death use of DNA technology and protect the ant claims he is ‘‘actually innocent’’ of penalty, especially for terrorists who public safety. the crime, and demonstrates that such have killed thousands of Americans. I strongly urge my colleagues to join testing shows that they did not com- And all of us agree that the death pen- with me in promptly passing this im- mit the crime. DNA testing will not be alty must be imposed fairly and accu- portant legislation. permitted where such a test would only rately. Mr. President, I ask unanimous con- muddy the waters and be used by the I have stated on numerous occasions sent to print in the RECORD a section- defendant to fuel a new and frivolous my views on the death penalty. It is by-section analysis. series of appeals. Under the Act, DNA the ultimate punishment and it should There being no objection, the mate- testing in capital cases will be be reserved only for those defendants rial was ordered to be printed in the prioritized and conducted on a ‘‘fast who commit the most heinous of RECORD, as follows: track,’’ so that these important cases crimes. I am firmly convinced that we ADVANCING JUSTICE THROUGH DNA are handled quickly. must be vigilant in ensuring that cap- TECHNOLOGY ACT OF 2003 In order to discourage a flood of base- ital punishment is meted out fairly SECTION-BY-SECTION ANALYSIS less claims, the act authorizes the against those truly guilty criminals. Overview prosecution of defendants who make We cannot and should not tolerate de- false claims of innocence in support of fects in the capital punishment system. The Advancing Justice Through DNA a DNA testing request. Each defendant Technology Act increases Federal resources No one can disagree with this ultimate available to State and local governments to will be required to assert under penalty and solemn responsibility. combat crimes with DNA technology, and of perjury that they are, in fact, inno- I have disagreed with others on the provides safeguards to prevent wrongful con- cent of the crime. When DNA testing committee as to the state of our Na- victions and executions. The bill enacts the reveals that the defendant’s claim of tion’s capital punishment system, the President’s DNA Initiative, which provides

VerDate jul 14 2003 03:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.105 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12295 over $1 billion in the next five years to assist work demands in the jurisdictions that seek vide training, technical assistance, edu- Federal and State authorities to realize the funding; deficits in public laboratory capac- cation and information relating to the iden- full potential of DNA technology to solve ity for the timely and efficient analysis of tification, collection, preservation, analysis crimes and protect the innocent. DNA samples in these jurisdictions, and cost and use of DNA samples and DNA evidence Title I and II, the DNA Sexual Assault Jus- requirements for remedying these deficits; by medical personnel and other personnel, tice Act and the Rape Kits and DNA Evi- and the ability of these jurisdictions to use including doctors, medical examiners, coro- dence Backlog Elimination Act, øof the bill¿ the funds to increase DNA analysis and pub- ners, nurses, victim service providers, and authorize the Debbie Smith DNA Backlog lic laboratory capacity for such analysis. It other medical professionals, including exist- Grant Program, which provides $755 million is further expected that the formula will tar- ing sexual assault and sexual assault exam- over five years to address the DNA Backlog get funding on the use of DNA analysis to ination programs (Sexual Assault Nurse Ex- crisis in the nation’s crime labs. The bill also solve the most serious violent crimes, in- aminer (SANE), Sexual Assault Forensic Ex- establishes over $500 million in new grant cluding rapes and murders, whose solution aminer (SAFE), and Sexual Assault Response programs øtogether with grant programs¿ to through DNA testing promises the greatest Team (SART)). The grant program is author- reduce other forensic science backlogs, train return in promoting public safety. ized through 2009 at $30 million per year. criminal justice and medical personnel in Subsection (k) reserves no more than 1 per- Sec. 205. DNA Research and Development. the use of DNA evidence, and promote the cent of the grant amounts to assist State Authorizes grants for research and develop- use of DNA technology to identify missing and local crime labs to become accredited, ment to improve forensic DNA technology, persons. and to undergo regular external audits, in including funding of demonstration projects Title III of the bill, the Innocence Protec- order to ensure that such labs fully comply involving law enforcement agencies and tion Act, provides access to post-conviction with Federal quality assurance standards. criminal justice participants to evaluate the Sec. 103. Expansion of Combined DNA DNA testing in federal cases, helps States use of forensic DNA technology. Also author- Index System. Amends the statute governing improve the quality of legal representation izes the Attorney General to establish a new the Combined DNA Index System (CODIS) to in capital cases, and increases compensation Forensic Science Commission, composed of allow States to include in the DNA index the in Federal cases of wrongful conviction. In members from the forensic science and DNA profiles of all persons whose DNA sam- addition, Title III authorizes the Kirk criminal justice communities, which will be ples have been collected under applicable Bloodsworth Post-Conviction DNA Testing responsible for examining various issues, in- legal authorities, including those authorized Program and provides $25 million over five cluding: (1) maximizing the use of forensic by State law, all felons convicted of Federal years to defray the costs of post-conviction sciences to solve crimes and protect public DNA testing. crimes, and qualifying military offenses. Sec. 104. Tolling of State of Limitations safety; (2) increasing the number of qualified TITLE I—RAPE KITS AND DNA EVIDENCE øLimitation Period for Prosecution in Cases forensic scientists; (3) disseminating best BACKLOG ELIMINATION ACT OF 2003 Involving DNA Identification¿. Provides practices concerning the collection and anal- Sec. 101. Short Title. This title may be that, in a case where DNA testing implicates yses of forensic evidence; and (4) assessing cited as the ‘‘Rape Kits and DNA Evidence an identified person in the commission of a Federal, State and local privacy protection Backlog Elimination Act of 2003.’’ felony, except for a felony offense under statutes, regulations and practices relating Sec. 102 øThe¿Debbie Smith DNA Backlog chapter 109A, no statute of limitations would to DNA samples and DNA analyses. Pro- Grant Program. Reauthorizes and expands preclude prosecution of the offense until a grams are authorized through 2009 at $15 mil- the DNA Analysis Backlog Elimination Act time period equal to the statute of limita- lion per year. of 2000 (42 U.S.C. 14135), increasing the au- tions has elapsed from the date of identifica- Sec. 206. FBI DNA Programs. Authorizes thorized funding levels for the DNA Analysis tion of the perpetrator. $42.1 million per year through 2009 for FBI Backlog Elimination program to $151 million Sec. 105. Legal Assistance for Victims of DNA programs and activities, including (1) annually for the next five years, as proposed Dating Violence. Amends the Violence nuclear DNA analysis; (2) mitochondrial in the President’s DNA initiative. Against Women Act to include legal assist- DNA analysis; (3) regional mitochondrial Subsection (a) names the Backlog Elimi- ance for victims of ‘‘dating violence,’’ de- DNA laboratories; (4) the Combined DNA nation Act grant program in honor of Debbie fined as violence committed by a person: (1) Index System; (5) the Federal Convicted Of- Smith, a rape survivor and leader in pro- who is or has been in a romantic or intimate fender DNA Program; and (6) DNA research moting the use of the DNA technology to relationship with the victim; and (2) where and development. solve crimes. In addition, subsection (a) the existence of such relationship is deter- Sec. 207. DNA Identification of Missing amends he eligibility provisions to add mined based upon consideration of its length Persons. Authorizes $2 million per year ‘‘units of local government’’ as øa¿ potential and its type, and upon the frequency of through 2009 for grants to promote the use of grantees, so that Federal resources can meet interaction between the persons involved. forensic DNA technology to identify missing local needs more quickly. Sec. 106. Ensuring Private Laboratory As- persons and unidentified human remains. Subsection (b)(1) provides a single annual sistance in Eliminating DNA Backlog. Clari- Sec. 208. Enhanced Criminal Penalties for authorization for the program, and modifies fies that grants may be made through vouch- Unauthorized Disclosure or Use of DNA In- existing program objectives by: (1) adding ers and contracts to private for-profit lab- formation. Modifies the existing criminal the collection of DNA samples from con- oratories to assist in collection of DNA sam- provision for unauthorized disclosure of DNA victed offenders as a specific program pur- ples from offenders and processing of crime information to include unauthorized ‘‘use’’ pose (proposed 42 U.S.C. 14135(a)(4)); (2) en- scene DNA evidence. of such information, and increases the poten- suring that DNA testing and analysis of sam- TITLE II—DNA SEXUAL ASSAULT JUSTICE ACT OF tial fine to $100,000 for each criminal offense. ples from crime scenes (such as rape kits and 2003 Sec. 209. Tribal Coalition Grants. Amends biological material found at homicide Sec. 201. Short Title. This title may be the eligibility criteria for discretionary scenes), including sexual assault and other cited as the ‘‘DNA Sexual Justice Act of grants under the Violence Against Women serious violent crimes, are carried out in a 2003.’’ Act to include tribal coalitions, and thereby timely manner (proposed 42 U.S.C. Sec. 202. Ensuring Public Crime Labora- directly support nonprofit, nongovernmental 14135(a)(5)); and (3) revising the existing ob- tory Compliance with Federal Standards. Re- tribal domestic violence and sexual assault jective in 41 U.S.C. 14135(a)(3), to clarify that quires that eligible State and local govern- coalitions øin Indian country.¿ funds can be used to increase the capacity of ment public crime labs are accredited and Sec. 210. Expansion of the Paul Coverdell public laboratories to carry out analysis of undergo external audits, not less than once Forensic Sciences Improvement Grant Pro- DNA samples. every 2 years, to demonstrate compliance gram. Expands existing grant program to Subsection (c) modifies 42 U.S.C. 14135(c) to with Federal standards established by the permit funds to be used to eliminate a back- provide for the disbursement of grant funds Federal Bureau of Investigation. log in the analysis of forensic science evi- by the Attorney General in conformity with Sec. 203. DNA Training and Education for dence, and extends authorization of appro- a formula that maximizes the effective use Law Enforcement, Correctional Personnel, priations through 2009, at $20 million a year. of DNA technology to solve crimes and pro- and Court Officers. Authorizes grants to pro- Current authorizations are $128,067,000 for tect public safety, and addresses areas where vide training, technical assistance, edu- 2004, $56,733,000 for 2005, and $42,067,000 for significant backlogs exist. A minimum grant cational and information relating to the 2006. øSec. 210. Forensic Backlog Elimination amount of 0.50 percent is to be awarded to identification, collection, preservation, anal- Grant Program. Authorizes $10 million a each State, and a specified percentage of re- ysis and use of DNA samples and DNA evi- year through 2009 for grants to States, units maining funds will be awarded to conduct dence by law enforcement personnel and of local government, and tribal governments, DNA analyses of samples from casework øor other first responders who collect or examine to eliminate the backlog in the analysis of victims of crime¿. crime scene evidence; court officers, includ- any area of forensic science, including fire- Conversion of the Backlog Elimination Act ing prosecutors, defense lawyers and judges; arms examination, latent prints, toxicology, grant program into a formula grant program forensic science professionals; and correc- and controlled substances.¿ will ensure that funds will be fairly distrib- tions personnel. The grant program is au- Sec. 211. Report to Congress. Requires the uted among all eligible jurisdictions. It is ex- thorized through 2009 at $12.5 million per Attorney General to submit a report, not pected that the factors given weight in the year. later than 3 years after enactment, relating formula will include the magnitude and na- Sec. 204. Sexual Assault Forensic Exam to implementation of titles I and II of this ture of the DNA backlogs and current DNA Program Grants. Authorizes grants to pro- Act.

VerDate jul 14 2003 03:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.078 S01PT1 S12296 CONGRESSIONAL RECORD — SENATE October 1, 2003 TITLE III—INNOCENCE PROTECTION ACT OF 2003 State capital cases. Grants shall be used to Promoting and supporting DNA tech- Sec. 301. Short Title. This title may be design and implement training programs for nology as a crime-fighting tool is not a cited as the ‘‘Innocence Protection Act of capital prosecutors; develop, implement, and new endeavor for me. A provision of my 2003.’’ enforce appropriate standards and qualifica- tions for such prosecutors and assess their 1994 crime bill created the Combined Subtitle 1—Exonerating the Innocent performance; establish programs under DNA Index System, called ‘‘CODIS’’, Through DNA Testing which prosecutors conduct a systematic re- which is an electronic database of DNA Sec. 311. Federal Post-Conviction DNA view of cases in which a defendant is sen- profiles, much like the FBI’s finger- Testing. Establishes rules and procedures tenced to death in order to identify cases in print database. CODIS includes two governing applications for DNA testing by which post-conviction DNA testing is appro- kinds of DNA information—convicted inmates in the Federal system. A court shall priate; and assist the families of murder vic- offender DNA samples and DNA from order DNA testing if the applicant asserts tims. under penalty of perjury that he or she is ac- Sec. 323. Applications. Establishes require- crime scenes. CODIS uses the two in- tually innocent of a qualifying offense, and ments for States applying for grants under dexes to generate investigative leads in the proposed DNA testing would produce new this subtitle, including a long-term strategy crimes where biological evidence is re- material evidence that supports such asser- and detailed implementation plan that re- covered from the scene. In essence, tion and raises a reasonable probability that flects consultation with the judiciary, the CODIS facilitates the DNA match. And the applicant did not commit the offense. organized bar, and State and local pros- once that match is made, a crime is Limitations on access to testing are imposed ecutor and defender organizations, and es- solved because of the incredible accu- tablishes as a priority improvement in the where the applicant seeks to interfere with racy and durability of DNA evidence. the administration of justice rather than to quality of trial-level representation of support a valid claim. Penalties are estab- indigents charged with capital crimes and Ninety-nine.nine percent—that is lished in the event that testing inculpates trial-level prosecution of capital crimes in how accurate DNA evidence is. One in the applicant. Where test results are excul- order to enhance the reliability of capital 30 billion—those are the odds someone patory, the court shall grant the applicant’s trial verdicts. Funds received under this sub- else committed a crime if a suspect’s motion for a new trial or resentencing if the title shall be allocated equally between the DNA matches evidence at the crime test results and other evidence establish by a programs established in sections 321 and 322. scene. Twenty or 30 years—that is how Sec. 324. State Reports. Requires States re- preponderance of the evidence that a new long DNA evidence from a crime scene trial would result in an acquittal of the of- ceiving funds under this subtitle to submit an annual report to the Attorney General lasts. fense at issue. Just 10 years ago DNA analysis of This section also prohibits the destruction identifying the activities carried out with of biological evidence in a federal criminal the funds and explaining how each activity evidence could have cost thousands of case while a defendant remains incarcerated, complies with the terms and conditions of dollars and taken months, now testing absent a knowing and voluntary waiver by the grant. one sample costs $40 and can take days. the defendant or prior notification to the de- Sec. 325. Evaluations by Inspector General Ten years ago forensic scientists need- and Administrative Remedies. Directs the fendant that the evidence may be destroyed. Inspector General of the Department of Jus- ed blood the size of a bottle cap, now Nothing in this section supersedes any stat- tice to submit periodic reports to the Attor- DNA testing can be done on a sample ute, regulation, court order, or other provi- ney General evaluating the compliance of the size of a pinhead. The changes in sion of law requiring that evidence, includ- each State receiving funds under this sub- DNA technology are remarkable, and ing biological evidence, be preserved. Inten- title with the terms and conditions of the tional violations of this preservation provi- mark a sea change in how we can fight grant. In conducting such evaluations, the sion to prevent evidence from being tested or crime, particularly sexual assault Inspector General shall give priority to used in court are punishable by a term of im- crimes. States at the highest risk of noncompliance. prisonment. The FBI reports that since 1998 the If, after receiving a report from the Inspec- Sec. 312. Kirk Bloodsworth Post-Conviction tor General, the Attorney General finds that national DNA database has helped put DNA Testing Grant Program. Authorizes $5 a State is not in compliance, the Attorney away violent criminals in over 9,000 in- million a year in grants through 2009 to help General shall take a series of steps to bring vestigations in 50 States. How? By States to defray the costs of post-conviction the State into compliance and report to Con- matching the DNA crime evidence to DNA testing. This program is named in gress on the results. the DNA profiles of offenders. Indi- honor of Kirk Bloodsworth, the first death Sec. 326. Authorization of Appropriations. row inmate to be exonerated by DNA testing. vidual success stories of DNA cold hits Authorizes $100 million a year for five years in sexual assault cases make these Sec. 313. Incentive Grants to States to En- to carry out this subtitle. sure Consideration of Claims of Actual Inno- numbers all too real. Subtitle 3—Compensation of the Wrongfully cence. Reserves the total amount of funds Just last year, Alabama authorities Convicted appropriated to carry out sections 203, 205, charged a man in the rape of an 85- Sec. 331. Increased Compensation in Fed- 207, and 312 of this Act for states that have eral Cases. Increases the maximum amount year-old woman almost 10 years ago adopted adequate procedures for providing of damages that the U.S. Court of Federal after he was linked to the case by a post-conviction DNA testing and preserving Claims may award against the United States DNA sample he was compelled to sub- biological evidence for this purpose. in cases of unjust imprisonment from a flat mit while in prison on unrelated Subtitle 2—Improving the Quality of $5,000 to $50,000 per year in non-capital cases, charges. Representation in State Capital Cases and $100,000 per year in capital cases. In Colorado, prosecutors brought to Sec. 321. Capital Representation Improve- Sec. 332. Sense of Congress Regarding Com- trial a case against a man accused of at pensation in State Death Penalty Cases. ment Grants. Authorizes a grant program, to least 14 rapes and sexual assaults. Due be administered by the Attorney General, to This section expresses the sense of Congress improve the quality of legal representation that States should provide reasonable com- to the national DNA database, prosecu- provided to indigent defendants in State cap- pensation to any person found to have been tors were able to trace the defendant to ital cases. Grants shall be used to establish, unjustly convicted of an offense against the rapes and assaults that occurred in implement, or improve an effective system State and sentenced to death. Colorado, California, Arizona, Nevada for providing competent legal representation Mr. BIDEN. Mr. President, I rise and Oklahoma between 1999 and 2002. in capital cases, but may not be used to fund along with the distinguished senior Or take for example a 1996 case in St. representation in specific cases. An effective Senator from Utah, Senator HATCH and Louis were two young girls were ab- system is one in which a public defender pro- several others of my colleagues, Sen- ducted from bus stops and raped at op- gram or other entity establishes qualifica- ators SPECTOR, LEAHY, DEWINE, and tions for attorneys who may be appointed to posite ends of the city. The police were represent indigents in capital cases; estab- FEINSTEIN, to introduce the Advancing unable to identify a suspect. In 1999, lishes and maintains a roster of qualified at- Justice Through DNA Act, a bill that the police decided to re-run the DNA torneys and assigns attorneys from the ros- harnesses the power of DNA to give testing to develop new leads. In Janu- ter (or provides the trial judge with a choice prompt justice to victims of sexual as- ary 2000, the DNA database matched of attorneys from the roster); trains and sault crimes and to free the wrongly the case to a 1999 rape case, and police monitors the performance of such attorneys; convicted. This bill takes every compo- were able to identify the perpetrator. and ensures funding for the full cost of com- nent of DNA technology and makes it Last spring, the New York Police De- petent legal representation by the defense accessible and more useful to Federal, partment arrested a man linked to the team and any outside experts. Sec. 322. Capital Prosecution Improvement State and local law enforcement, to rape of a woman years ago. In 1997, a Grants. As part of the same program estab- prosecutors and defense attorneys, to woman was horribly beaten, robbed and lished in section 321, authorizes grants to im- medical personnel and to victims of raped—there were no suspects. Five prove the representation of the public in crime. years later, the perpetrator submitted

VerDate jul 14 2003 04:02 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.082 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12297 a DNA sample as a condition of proba- want to take a moment to thank my law after the Supreme Court declared tion after serving time for burglary. colleagues Senators KOHL and DEWINE the death penalty unconstitutional. The DNA sample matched the DNA who began this effort with the DNA But we who support the death pen- from the 1997 rape. Crime solved, Backlog Elimination Act of 2000, and alty also have a duty to ensure that it streets safer. acknowledge their ongoing commit- is fairly administered. The advent of Undoubtedly, DNA matching by com- ment. DNA testing has provided us with a paring evidence gathered at the crime But the DNA testing is only useful if wealth of opportunities to make cer- scene with offender samples entered on the crime scene evidence is carefully tain that we are prosecuting the right the national DNA database has proven collected and preserved. Towards that people. Just as we use DNA to help to be the deciding factor in solving end, the Advancing Justice through prosecutions, we must make testing stranger sexual assault cases—it has DNA Technology Act creates two im- available to those who can use it to revolutionized the criminal justice sys- portant grant programs: 1. a $62.5 mil- prove their innocence. This legislation tem, and brought closure and justice lion DNA training and education grant makes post-conviction testing to fed- for victims. A laboratory expert testi- program for law enforcement, correc- eral inmates who assert that they did fied that Virginia has a 48 percent hit tional personnel and court officers; and not commit the crime for which they rate because the State collects samples 2. a $50 million grant program to pro- have been imprisoned. It also from all convicted felons and aggres- vide training, education and assistance incentivizes States to take similar sively analyzes crime scene evidence to sexual assault forensic examiner measures to ensure that individuals with no backlog. This means that al- programs, often known as SANE or have a proper opportunity to prove most 1 out of every 2 violent crimes SART programs. their innocence. It also mandates prop- could be solved by the national DNA The Advancing Justice Through DNA er preservation of DNA evidence so database. Technology Act is a natural extension that the DNA can be tested if appro- In light of the past successes and the to the Violence Against Women Act, priate. future potential of DNA evidence, the which requires the Attorney General to As for competent counsel in death reported number of untested rape kits evaluate and recommend standards for penalty cases, nobody can look me in and other crime scene evidence waiting training and practice for licensed the eye and tell me that our system for in police warehouses is simply shock- health care professionals performing representation in capital cases works ing—300,000 to 500,000. It is a national sexual assault forensic exams. So I as it should. This bill will take a big problem, plaguing both urban and rural knew that any DNA bill aimed at end- step toward fixing that by providing areas, that deserves national attention ing sexual assault must include re- money for grants to States to improve and solutions. Last year, a Michigan sources for sexual forensic examiners. their systems of representation, on newspaper reported that its State po- This bill ensures that sexual forensic both the prosecution and defense side, lice forensic unit is expected to have a nurses, doctors, and response teams are in capital cases. Our goal must be an error-free sys- 10-year backlog of items in need of all eligible for assistance. These pro- tem of criminal justice. To err is DNA testing. The Florida crime lab gram should be in each and every emer- human, but it should never be accept- system is facing a backlog of more gency room to bridge the gap between able. Our job is to do all we can to than 2,400 rape, murder and assault and the law and the medicine. eliminate errors in the criminal justice burglary cases waiting for DNA test- Today’s bill also makes two small, system and to see to it that a lack of ing. South Carolina has 10,000 untested but important, amendments to the Vio- resources does not delay bringing rap- samples from convicted offenders. In lence Against Women Act. First, it ists and murderers to justice. This bill June 2003, the New Jersey police de- amends the law to include legal assist- means we are doing our job. partment reported that over 1,200 ance for victims of dating violence, and I would be remiss if I did not pause to criminal cases—most of them sexual it amends the eligibility criteria for thank some of the many people who assault cases—were waiting for DNA discretionary programs so that tribal have helped bring about the introduc- analysis. Behind every single one of domestic violence and sexual assault tion of this bill. In particular, I wish to those rape kits is a victim who de- coalitions can directly receiving grants thank Senators HATCH and LEAHY, the serves recognition and justice. funds, including those funds unreleased chairman and ranking member of the One woman in particular has re- from past fiscal years. Senate Judiciary Committee, for de- minded State and Federal lawmakers I started looking at the issue of im- voting so much of their time and effort that we cannot ignore even one rape proved prosecution of sexual assault to developing this legislation. Simi- kit sitting on a shelf gathering dust. crimes almost two decades ago when I larly, Chairman SENSENBRENNER and That woman is Debbie Smith. In 1989, began drafting the Violence Against Ranking Member CONYERS have worked Mrs. Smith was taken from her home Women Act. The DNA Sexual Justice with us every step of the way to get and brutally raped. There were no Act of 2003 is the next step, a way to this bill done. In addition, Senators known suspects, and Mrs. Smith lived connect the dots between the extraor- SPECTER, DEWINE and FEINSTEIN, and in fear of her attacker’s return. Six dinary strides in DNA technology and Congressmen DELAHUNT and COBLE, years later, the Virginia crime labora- my commitment to ending violence among others, have spent countless tory discovered a DNA match between against women. We must ensure that hours contributing their ideas to this the rape scene evidence and a State justice delayed is not justice denied. bill. I wish to thank all of these mem- prisoner’s DNA sample. That cold hit I am also gratified that this legisla- bers for their leadership on this mat- gave Mrs. Smith her first moment of tion includes the Innocence Protection ter. real security and closure, and since Act, which I cosponsored last year, and Mr. HATCH. Mr. President, will the then she has traveled the country to which passed the Judiciary Committee. Senator from Delaware yield for a advocate on behalf of assault victims I have long advocated in this Com- question? and champion the use of DNA to fight mittee for the changes that it will im- Mr. BIDEN. Of course. sexual assault. plement. Mr. HATCH. Mr. President, it is my Today’s bill provides over $755 five The Innocence Protection Act will understanding that this legislation years to eliminate the backlog in rape immeasurably improve the administra- makes certain of its grants contingent kits and other crime scene evidence, tion of justice in our legal system, par- on States providing a process for post- eliminate the backlog of convicted of- ticularly where justice is most impor- conviction testing available. For those fender samples awaiting DNA testing, tant, and where we can least afford to States that already have enacted a and improve State laboratory capacity make mistakes—imposition of the statute providing such testing, that to conduct DNA testing. I am pleased death penalty. statute must ensure a meaningful proc- that the backlog elimination grant I advocate for this bill not as an op- ess for resolving a claim of actual inno- program in the Advancing Justice ponent of the death penalty looking to cence. As I understand it, almost all of Through DNA Technology Act is enti- curtail it, but as a supporter of the the State statutes already in existence, tled, ‘‘The Debbie Smith DNA Backlog death penalty who authored the first including those of Ohio, Utah, Dela- Grants.’’ It is a fitting tribute. I also constitutional federal death penalty ware and Pennsylvania, would pass

VerDate jul 14 2003 03:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.073 S01PT1 S12298 CONGRESSIONAL RECORD — SENATE October 1, 2003 muster and would qualify for the capital cases. The reforms we proposed sponsors in both houses, Senators GOR- grants at issue. Is that the under- were designed to create a fairer system DON SMITH and SUSAN COLLINS, and standing of the Senator from Dela- of justice, where the problems that Representative RAY LAHOOD of Illinois, ware? have sent innocent people to death row all of whom have been steadfast in Mr. BIDEN. Yes, I thank the Senator would not occur, and where victims their commitment to this effort. from Utah for his question, and whole- and their families could be more cer- The Chairman of the Senate Judici- heartedly agree with his understanding tain of the accuracy, and finality, of ary Committee, ORRIN HATCH, deserves of this provision. I believe all of the the results. high praise for his leadership in our re- drafters of this legislation are in agree- During the last Congress, the Inno- cent negotiations, as does the Chair- ment that most of the States that al- cence Protection Act gained enormous man of the House Judiciary Com- ready have passed statutes, except for momentum, with 32 Senators and 250 mittee, JIM SENSENBRENNER, and I the few that limit post-conviction DNA Representatives—well over half the thank them both. Senator HATCH and I testing to capital crimes, would pass House—signed on in support. Hearings have debated these issues for years. I muster. For example, even if a State’s were held in each House, and a version have always appreciated his thoughtful statute differs from the Federal law by of the bill was reported out of the Sen- approach and serious commitment to imposing a meaningful time limit for ate Judiciary Committee by a bipar- improving the criminal justice system. filing of applications for testing, or ex- tisan vote of 12 to 7. Now is the time to Representative SENSENBRENNER played cluding guilty pleas from eligibility, it finish the job and enact this important an instrumental role in this process would qualify. Specifically, Utah, Dela- legislation. and I do not believe we could have ware, Ohio and Pennsylvania, among I am pleased, today, to introduce the come so far without his dedication. In others, under their statutes, or the re- Innocence Protection Act of 2003. This addition, I want to extend my heartfelt enactment of those statutes where legislation is a piece of a larger bill thanks to Senator FEINSTEIN, who has they have expired, would be eligible for called the Advancing Justice through devoted countless hours over the years such grants. However, States that have DNA Technology Act of 2003, which to reconciling the policy differences not yet enacted a statute would be re- provides an infusion of Federal funds to that prevented this legislation from quired to enact a statute, or follow a eliminate the current backlog of moving forward. rule, regulation or practice, that met a unanalyzed DNA samples in the Na- I am sorry that Senator DEWINE higher standard—the statute, rule, reg- tion’s crime labs and to improve the could not be with us earlier today to ulation or practice would need to be capacity of Federal, State and local announce the introduction of the bill, ‘‘comparable’’ to the Federal law in crime labs to conduct DNA analyses. and appreciate his willingness to allow order for the State to qualify for the The Innocence Protection Act of 2003 us to proceed. I have long worked with grants. I see the Senator from Pennsyl- proposes two critical reforms. First, it Senator DEWINE on funding important vania on the Floor. I would be happy to provides greater access to post-convic- forensic science tools for law enforce- yield to the distinguished Senator to tion DNA testing in appropriate cases, ment, and we are currently working on hear his thoughts on this matter. where it can help expose wrongful con- a proposal with regard to how the men- Mr. SPECTER. I thank the Senator victions, and authorizes $25 million in tally retarded are treated by the crimi- for yielding time. I would just say that grants over 5 years to help defray the nal justice system. His leadership on I completely agree with the under- costs of such testing. Second, the bill these issues is important and greatly standing of the Senators from Dela- addresses what all the statistics and appreciated. ware and Utah on this. evidence show is the single most fre- Thanks, too, to the many members Mr. HATCH. Would the Senator quent cause of wrongful convictions— on both sides of the aisle, in the Senate yield? inadequate defense representation at and in the House, who have supported Mr. BIDEN. It would be my pleasure. trial. By far the most important re- this legislation over the years. Work- Mr. HATCH. I would just like to form we can undertake is to help ing together, we can finally begin to make clear that the understanding of States establish minimum standards of address the many problems facing our the Senator from Delaware comports competency and funding for capital de- capital punishment system. completely with mine. fense. Capital Representation Improvement Mr. SPECTER. Would the Senator Other provisions of the Innocence Grants: I would like to take a moment yield for another question? Protection Act establish standards for now to elaborate on the capital defense Mr. BIDEN. Of course. preserving biological evidence in crimi- representation provisions of the bill, Mr. SPECTER. As the Senator nal cases, and substantially increase both because they are the more impor- knows, a second requirement for States the maximum amount of compensation tant provisions and because they have to qualify for these grants is that— that may be awarded in Federal cases been the principal subject of the recent whether by State statute, State or of wrongful conviction. revisions to the bill. local rule, regulation or practice—they Today’s Innocence Protection Act is The new version of the Innocence preserve biological evidence in a rea- a modified version of the bill that the Protection Act establishes a grant pro- sonable way. Do the Senators from Senate Judiciary Committee approved gram for States to improve the sys- Delaware and Utah agree with me that last year. These modifications follow tems by which they appoint and com- States would qualify so long as they many months of negotiation and delib- pensate lawyers in death cases. States preserve evidence in a way sufficient to eration, and were made to build further that authorize capital punishment may permit the testing provided for in their on the groundswell of support for the apply for these grants or not, as they State statutes? For example, if a State bill, both here on Capitol Hill and wish. However, if a State chooses to ac- law provides a three year time limit on across America. More than ever, the cept the money, it must open itself up post-conviction DNA testing, a prac- bill is a collaborative product of which to a set of requirements designed to en- tice of preserving evidence throughout we all can be proud—an exercise of bi- sure that its system truly meets basic those three years would qualify as partisanship that is in the best tradi- standards. After all, the point of the ‘‘reasonable’’ under this legislation. tion of the United States Congress. bill is not to throw money at the prob- Thus, for example, Pennsylvania, Dela- I want to thank and commend the lem of inadequate representation; the ware, Ohio and Utah would qualify. Senators and Representatives who point is to fix it. Mr. BIDEN. Yes, that has been, and worked so hard this summer and fall to Earlier versions of the Innocence remains, my understanding. come to agreement on a bill that we Protection Act took more of a ‘‘carrot Mr. HATCH. And mine as well. can all strongly support. and stick’’ approach to the counsel Mr. LEAHY. Mr. President, three First and foremost, I want to thank issue. The ‘‘carrot’’ was the same as in years ago, Senator SMITH, Senator COL- my partner in this endeavor, Rep- the current version: millions of dollars LINS and I joined together to introduce resentative BILL DELAHUNT of Massa- in Federal grants to help achieve ade- the Innocence Protection Act, a mod- chusetts, who has worked tirelessly quate representation in capital cases. est and practical package of reforms over many years to achieve this goal. I The ‘‘stick’’—which is no longer in the aimed at reducing the risk of error in also want to thank our lead Republican bill—has evolved over the years. At one

VerDate jul 14 2003 03:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.086 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12299 time, we proposed that States that proud to say that we have become close mains untested while rapists and kill- failed to meet basic competent counsel friends and partners in the fight to re- ers remain at large. The Debbie Smith standards would have their death sen- form capital punishment in America. I DNA Backlog Grant Program will give tences given less deference and sub- am also delighted that Kirk can finally States the help they desperately need jected to more rigorous Federal court feel truly free. Just a few weeks ago, to carry out DNA analyses of back- review. In some versions of the bill, the State of Maryland charged another logged evidence, and I strongly support non-complying States would also have man with the crime for which Kirk was its passage and full funding. forfeited some Federal prison grant convicted and sentenced to death, after funding over time. In the version that prosecutors finally ran the DNA evi- Expansion of the Paul Coverdell Fo- the Judiciary Committee approved last dence in the case through the DNA rensic Sciences Improvement Grant year, if a State chose not to participate database. The prosecutor who sent Program: The bill also expands and ex- in the new Federal grant program, the Kirk to death row, and who had pre- tends for another three years an exist- Attorney General would award the viously refused to acknowledge his in- ing grant program, named after our money to one or more defender organi- nocence, went to his home to apologize late colleague, Senator Paul Coverdell. zations within the State, to be used for to him. Congress passed the Paul Coverdell Na- capital defense work. Kirk Bloodsworth’s battle to prove Each of these various mechanisms his own innocence has been won. But tional Forensic Sciences Improvement would have helped ensure cooperation his nightmare of wrongful conviction Act three years ago, with the goal of on the part of the States, and I am dis- has been repeated again and again improving the quality and timeliness appointed that I was unable to prevail across the country. Since the rein- of State and local forensic science serv- upon my colleagues to include any one statement of capital punishment in the ices. I was proud to cosponsor that leg- of them. Still, I believe that the cur- 1970s, more than 110 individuals who islation, and have worked since its pas- rent formulation is a good first step were convicted and sentenced to death sage to secure full funding for the and will make a difference, provided have been released from death row with grant program it establishes. Unfortu- that the grant program is fully funded evidence of their innocence, according nately, despite my efforts and those of and that the States which are most in to the Death Penalty Information Cen- other Members, and notwithstanding need of reform elect to participate. ter. In addition, since the introduction the urgent pleas of lab directors na- As reported by the Senate Judiciary of forensic DNA typing into the legal Committee last year, the bill aimed to system in the early 1990s, many more tionwide, the President has never re- ensure full funding of the counsel pro- individuals who were sentenced to long quested funding for Paul Coverdell gram by providing that, if Congress terms of imprisonment have been exon- grants, and Congress has never appro- failed to appropriate sufficient funding erated by post-conviction DNA testing. priated sufficient funds to make the for the program, up to 10 percent of the The Kirk Bloodsworth Post-Conviction program effective. The legislation we Byrne block grant would be used for DNA Testing Grant Program will help introduce today renews our commit- this purpose. I regret that this provi- assist others who have experienced ment to this important initiative. sion has been dropped from the bill; it wrongful conviction. seemed to me a good way to express Debbie Smith DNA Backlog Grant Our bill also expands the purposes for our commitment to ensuring that the Program: As I noted earlier, this which Paul Coverdell grants may be program is funded. However, given the version of the Innocence Protection used, to include the elimination of a tremendous support for this legislation Act is being introduced as part of a non-DNA forensic evidence backlog. in both houses, and on both sides of the larger package of criminal justice re- The need for this measure was high- aisle, I am confident that Congress will forms, titled the Advancing Justice lighted earlier this year at a sub- speak with one voice in ensuring that Through DNA Technology Act of 2003, committee hearing on funding forensic our years of effort are not undermined which will substantially increase Fed- sciences. Witness after witness testi- by a failure to appropriate the money eral resources available to State and fied that DNA evidence is not the only needed to make this legislation effec- local governments to combat crimes evidence that is going untested for lack tive. with DNA technology. Among other of resources. Crime labs are also facing Getting States to participate in the things, this legislation creates the substantial backlogs with respect to program may be more difficult. Indeed, Debbie Smith DNA Backlog Grant Pro- the States that are in most need of re- gram, which authorizes $755 million other types of forensic science evi- form may be the least inclined to par- over the next five years to reduce the dence, including firearms, latent ticipate, given that they will have the current backlog of unanalyzed DNA prints, controlled substances, toxi- most to do to bring their indigent de- samples in the Nation’s crime labs. cology, trace evidence, questionable fense systems into compliance with the I have worked with the proponents of documents, and forensic pathology. We terms and conditions of the grant. this program to revise the allocation need to ensure that our labs are While I am hopeful that States will formula, so that each State is guaran- equipped to address the full range of want to improve their systems, and teed a minimum allocation of .50 per- issues that they are called upon to han- will welcome the infusion of Federal cent of the total amount appropriated dle. funds for this purpose, Congress will in a fiscal year. This will make the pro- need to monitor this program carefully gram fair for all States, including We have had a constructive debate. to ensure that it is meeting its stated smaller States like Vermont. We have shown that the death penalty objective of improving the quality of As DNA testing has moved to the system is broken, and we have built a legal representation provided to indi- front lines of the war on crime, foren- bipartisan coalition supporting re- gent defendants in State capital cases sic laboratories nationwide have expe- forms. It is now time to act. Our bill and, if it is not, to take additional re- rienced a significant increase in their reflects a principled consensus on the medial action. caseloads, both in number and com- most basic and essential reforms; it Kirk Bloodsworth Post-Conviction plexity. Funding has simply not kept raises no serious constitutional or law DNA Testing Grant Program: We have pace with this increasing demand, and also established a $25 million grant forensic labs nationwide are now seri- enforcement concerns; it will improve program to help defray the costs of ously bottlenecked. criminal justice in America consider- post-conviction DNA testing. This pro- Backlogs have seriously impeded the ably; and it may well save innocent gram is named in honor of Kirk use of DNA testing in solving cases lives. I am therefore proud to sponsor Bloodsworth, the first death row in- without suspects—and reexamining it, and I urge its speedy passage into mate to be exonerated by DNA testing. cases in which there are strong claims law. I first met Kirk in February 2000, of innocence—as labs are required to when he came to me as a man who had give priority status to those cases in been exonerated after almost nine which a suspect is known. Solely for years of wrongful imprisonment. I am lack of funding, critical evidence re-

VerDate jul 14 2003 03:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.112 S01PT1 S12300 CONGRESSIONAL RECORD — SENATE October 1, 2003 SUBMITTED RESOLUTIONS LINS, Mr. GRAHAM, of South Carolina, and and brutal repression of Iraq’s population Mr. ENZI) submitted an amendment intended made Saddam Hussein and his regime a to be proposed by him to the bill S. 1689, threat to international peace and security; SENATE RESOLUTION 237—WEL- supra; which was ordered to lie on the table. Whereas the United States pursued sus- COMING THE PUBLIC APOLOGIES f tained diplomatic, political, and economic efforts to remove those threats peacefully; ISSUED BY THE PRESIDENT OF TEXT OF AMENDMENTS SERBIA AND MONTENEGRO AND Whereas on October 7, 2001, the Armed SA 1794. Mr. BYRD proposed an Forces of the United States and its coalition THE PRESIDENT OF THE REPUB- allies launched military operations in Af- LIC OF CROATIA AND URGING amendment to the bill S. 1689, making emergency supplemental appropria- ghanistan, designated as Operation Enduring OTHER LEADERS IN THE REGION Freedom, that quickly caused the collapse of TO PERFORM SIMILAR CON- tions for Iraq and Afghanistan security the Taliban regime, the elimination of Af- CRETE ACTS OF RECONCILI- and reconstruction for the fiscal year ghanistan’s terrorist infrastructure, and the ATION ending September 30, 2004, and for capture of significant and numerous mem- other purposes; as follows: bers of Al Qaeda; Mr. LIEBERMAN (for himself, Mr. On page 25, line 7, strike ‘‘rehabilitation Whereas on March 19, 2003, the Armed MCCAIN, and Mr. BIDEN) submitted the and reconstruction in Iraq’’ and all that fol- Forces of the United States and its coalition following resolution; which was re- lows through page 28, line 15 and insert ‘‘in allies launched military operations, des- ferred to the Committee on Foreign Iraq, $5,136,000,000, to remain available until ignated as Operation Iraqi Freedom, that Relations. expended, for security, including public safe- quickly caused the collapse of Saddam Hus- sein’s regime, the elimination of Iraq’s ter- S. RES. 237 ty requirements, national security and jus- tice: Provided, That these funds may be rorist infrastructure, the end of Iraq’s illicit Whereas the President of Serbia and Mon- transferred to any Federal account for any and illegal programs to acquire weapons of tenegro and the President of the Republic of Federal government activity to accomplish mass destruction, and the capture of signifi- Croatia each issued on September 10, 2003, a the purposes provided herein: Provided fur- cant international terrorists; public statement of apology for the crimes ther, That notwithstanding any provision of Whereas in those campaigns in the Global committed by citizens of each country this chapter, none of the funds appropriated War on Terrorism, as of September 27, 2003, against citizens of the other country; and under this heading may be made available to nearly 165,000 members of the United States Whereas the countries of Southeast Europe enter into any contract or follow-on contract Armed Forces, comprised of active, reserve, are struggling to move beyond the problems that uses other than full and open competi- and National Guard members and units, had of the past and toward a brighter future that tive contracting procedures as defined in 41 mobilized for Operation Enduring Freedom includes membership in both the European U.S.C. 403(6).’’ and Operation Iraqi Freedom; Union and NATO: Now, therefore, be it Whereas success in those two campaigns in Resolved, That the Senate— SA 1795. Mr. MCCONNELL (for him- the Global War on Terrorism would not have (1) welcomes the public apologies issued on been possible without the dedication, cour- September 10, 2003, by the President of Ser- self and Mr. ALEXANDER) proposed an amendment to the bill S. 1689, making age, and service of the members of the bia and Montenegro and the President of the United States Armed Forces and the mili- Republic of Croatia; emergency supplemental appropria- tary and irregular forces of the friends and (2) commends the initiative and personal tions for Iraq and Afghanistan security allies of the United States; courage demonstrated by their actions; and reconstruction for the fiscal year Whereas the support, love, and commit- (3) recognizes the value of such apologies ending September 30, 2004, and for ment from the families of United States in the important process of reconciliation in other purposes; as follows: service personnel participating in those two Southeast Europe; operations as well as that of the commu- (4) notes public support within the region At the appropriate place, insert the fol- lowing: nities and patriotic organizations which pro- for these efforts; vided support through the United Services (5) calls upon the governments in the re- SEC. COMMENDING THE ARMED FORCES FOR EFFORTS IN OPERATION ENDURING Organization (USO), Operation Dear Abby, gion to continue their efforts to encourage and Operation UpLink, helped to sustain and advance reconciliation; and FREEDOM AND OPERATION IRAQI FREEDOM. those service personnel and enabled them to (6) reiterates the importance of resolving Recognizing and commending the members eliminate significant threats to United post-conflict issues, including— of the United States Armed Forces and their States national security while liberating op- (A) by ensuring that refugees and inter- leaders, and the allies of the United States pressed peoples from dictatorial regimes; nally displaced persons have the right to re- and their armed forces, who participated in Whereas the civilian employees of the De- turn home; and Operation Enduring Freedom in Afghanistan partment of Defense, through their hard (B) by bringing persons indicted for war and Operation Iraqi Freedom in Iraq and rec- work an dedication, enabled United States crimes to justice, including through coopera- ognizing the continuing dedication of mili- military forces to quickly and effectively tion with the International Criminal Tri- tary families and employers and defense ci- achieve the United States military missions bunal on the Former Yugoslavia. vilians and contractors and the countless in Afghanistan and Iraq; f communities and patriotic organizations Whereas the commitment of companies AMENDMENTS SUBMITTED AND that lent their support to the Armed Forces making their employees available for mili- tary service, the creativity and initiative of PROPOSED during those operations. Whereas the September 11, 2001, terrorist contractors equipping the Nation’s Armed SA 1794. Mr. BYRD proposed an amend- attacks on the United States, which killed Forces with the best and most modern equip- ment to the bill S. 1689, making emergency thousands of people from the United States ment, and the ingenuity of service compa- supplemental appropriations for Iraq and Af- and other countries in New York, Virginia, nies assisting with the global overseas de- ghanistan security and reconstruction for and Pennsylvania, inaugurated the Global ployment of the Armed Forces demonstrates the fiscal year ending September 30, 2004, and War on Terrorism; that the entrepreneurial spirit of the United for other purposes. Whereas the intelligence community States is an extraordinarily valuable defense SA 1795. Mr. MCCONNELL (for himself and quickly identified Al Qaeda as a terrorist or- asset; and Mr. ALEXANDER) proposed an amendment to ganization with global reach and the Presi- Whereas the Nation should pause to recog- the bill S. 1689, supra. dent determined that United States national nize with appropriate tributes and days of re- SA 1796. Mr. BIDEN (for himself, Mr. security required the elimination of the Al membrance the sacrifice of those members of KERRY, Mr. CHAFEE, Mr. CORZINE, Mrs. FEIN- Qaeda terrorist organization; the Armed Forces who died or were wounded STEIN, and Mr. LAUTENBERG) proposed an Whereas the Taliban regime of Afghanistan in Operation Enduring Freedom and Oper- amendment to the bill S. 1689, supra. had long harbored Al Qaeda, providing mem- ation Iraqi Freedom, as well as all who SA 1797. Mr. VOINOVICH (for himself and bers of that organization a safe haven from served in or supported either of those oper- Mr. LOTT) submitted an amendment intended which to attack the United States and its ations: Now, therefore, be it to be proposed by him to the bill S. 1689, friends and allies, and the refusal of that re- Therefore, the Senate supra; which was ordered to lie on the table. gime to discontinue its support for inter- (1) conveys its deepest sympathy and con- SA 1798. Mrs. HUTCHISON (for herself, Mr. national terrorism and surrender Al Qaeda’s dolences to the families and friends of the GRAHAM, of South Carolina, Ms. COLLINS, Mr. leaders to the United States made it a threat members of United States and coalition CRAIG, and Mr. CHAMBLISS) submitted an to international peace and security; forces who have been injured, wounded, or amendment intended to be proposed by her Whereas Saddam Hussein and his regime’s killed during Operation Enduring Freedom to the bill S. 1689, supra; which was ordered longstanding sponsorship of international and Operation Iraqi Freedom; to lie on the table. terrorism, active pursuit of weapons of mass (2) commends President George W. Bush, SA 1799. Mr. COLEMAN (for himself, Mr. destruction, use of such weapons against Secretary of Defense Donald H. Rumsfeld, DAYTON, Mr. STEVENS, Mr. DORGAN, Mr. KEN- Iraq’s own citizens and neighboring coun- and United States Central Command Com- NEDY, Mr. JOHNSON, Mr. CORZINE, Ms. COL- tries, aggression against Iraq’s neighbors, mander General Tommy Franks, Unites

VerDate jul 14 2003 04:02 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.067 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12301 States Army, for their planning and execu- to the bill S. 1689, making emergency (4) COMPTROLLER.—The term ‘‘Comp- tion of enormously successful military cam- supplemental appropriations for Iraq troller’’ means the Comptroller General of paigns in Operation Enduring Freedom and and Afghanistan security and recon- the United States. Operation Iraqi Freedom; struction for the fiscal year ending (5) GOVERNING COUNCIL IN IRAQ.—The term (3) expresses its highest commendation and ‘‘Governing Council in Iraq’’ means the Gov- most sincere appreciation to the members of September 30, 2004, and for other pur- erning Council established in Iraq on July 13, the United States Armed Forces who partici- poses; which was ordered to lie on the 2003, or any successor governing authority in pated in Operation Enduring Freedom and table; as follows: Iraq. Operation Iraqi Freedom; On page 38, between lines 20 and 21, insert (6) PURPOSES OF THE TRUST FUND.—The (4) commends the Department of Defense the following new section: term ‘‘purposes of the Trust Fund’’ means the purposes set out in section 3004(a). civilian employees and the defense con- SEC. 2313. Not later than 120 days after the tractor personnel whose skills made possible date of the enactment of this Act, the Presi- (7) SECRETARY.—The term ‘‘Secretary’’ the equipping of the greatest Armed Force in dent shall submit to Congress a report on the means the Secretary of the Treasury. (8) TRUST FUND.—The term ‘‘Trust Fund’’ the annals of modern military endeavor; efforts of the Government of the United means the Iraq Reconstruction Trust Fund (5) supports the efforts of communities States to increase the resources contributed referred to in section 3003. across the Nation— by foreign countries and international orga- (9) WORLD BANK.—The term ‘‘World Bank’’ (A) to prepare appropriate homecoming nizations to the reconstruction of Iraq and means the International Bank for Recon- ceremonies to honor and welcome home the the feasibility of repayment of funds contrib- struction and Development. members of the Armed Forces participating uted for infrastructure projects in Iraq. The in Operation Enduring Freedom and Oper- report shall include— SEC. 3003. LIMITATION OF USE OF FUNDS. Of the funds appropriated in title II under ation Iraqi Freedom and to recognize their (1) a description of efforts by the Govern- the subheading ‘‘IRAQ RELIEF AND RECON- contributions to United States homeland se- ment of the United States to increase the re- STRUCTION FUND’’ under the heading curity and to the Global War on Terrorism; sources contributed by foreign countries and ‘‘OTHER BILATERAL ECONOMIC ASSIST- and international organizations to the recon- (B) to prepare appropriate ceremonies to ANCE FUNDS APPROPRIATED TO THE struction of Iraq; PRESIDENT’’ other than amounts appro- commemorate with tributes and days of re- (2) an accounting of the funds contributed membrance the service and sacrifice of those priated under such subheading for security to assist in the reconstruction of Iraq, and for refugees, human rights, democracy, service members killed or wounded during disaggregated by donor; those operations; and civil society, $10,000,000,000 may not be (3) an assessment of the effect that— obligated or expended before the Secretary (6) expresses the deep gratitude of the Na- (A) the bilateral debts incurred during the tion to the 21 steadfast allies in Operation negotiates with the World Bank, in consulta- regime of Saddam Hussein have on Iraq’s tion with the Coalition Provisional Author- Enduring Freedom and to the 49 coalition ability to finance essential programs to re- members in Operation Iraqi Freedom, espe- ity, the member nations of the World Bank, build infrastructure and restore critical pub- and other interested parties, for the estab- cially the United Kingdom, Australia, and lic services, including health care and edu- Poland, whose forces, support, and contribu- lishment within the World Bank of— cation, in Iraq; and (1) the Iraq Reconstruction Trust Fund in tions were invaluable and unforgettable; and (B) forgiveness of such debts would have on (7) recommits the United States to ensur- accordance with the provisions of this title; the reconstruction and long-term prosperity ing the safety of the United States home- and in Iraq; land, to preventing weapons of mass destruc- (2) the Advisory Board to the Trust Fund (4) a description of any commitment by a tion from reaching the hands of terrorists, in accordance with section 3007. foreign country or international organiza- and to helping the people of Iraq and Afghan- SEC. 3004. DESCRIPTION OF THE TRUST FUND. tion to forgive any part of a debt owed by istan build free and vibrant democratic (a) PURPOSES.—The purposes of the Trust Iraq if such debt was incurred during the re- societies. Fund shall be to use contributed funds to— gime of Saddam Hussein; and (1) assist in restoration of infrastructure (5) an assessment of the feasibility of re- SA 1796. Mr. BIDEN (for himself, Mr. and essential services in Iraq; payment by Iraq of any of the funds contrib- (2) assist in the creation of civil society in KERRY, Mr. CHAFEE, Mr. CORZINE, Mrs. uted by the United States to finance infra- Iraq; and FEINSTEIN, and Mr. LAUTENBERG) pro- structure projects in Iraq. (3) ensure a secure environment for the posed an amendment to the bill S. 1689, people of Iraq. making emergency supplemental ap- SA 1798. Mrs. HUTCHISON (for her- (b) BOARD OF TRUSTEES.— propriations for Iraq and Afghanistan self, Mr. GRAHAM of South Carolina, (1) IN GENERAL.— security and reconstruction for the fis- Ms. COLLINS, Mr. CRAIG, and Mr. (A) COMPOSITION.—The Trust Fund shall be governed by a Board of Trustees, which shall cal year ending September 30, 2004, and CHAMBLISS) submitted an amendment for other purposes; as follows: be composed of— intended to be proposed by her to the (i) 1 representative from the United States; At the end of title III, add the following: bill S. 1689, making emergency supple- and SEC. ll. (a) PROVISION OF FUNDS FOR SE- mental appropriations for Iraq and Af- (ii) 1 representative of each of the 5 coun- CURITY AND STABILIZATION OF IRAQ THROUGH ghanistan security and reconstruction tries, other than the United States, that pro- PARTIAL SUSPENSION OF REDUCTIONS IN HIGH- for the fiscal year ending September 30, vide the highest amount of money to the EST INCOME TAX RATE FOR INDIVIDUAL TAX- 2004, and for other purposes; which was Trust Fund. PAYERS.—Section 1 of the Internal Revenue ordered to lie on the table; as follows: (B) QUALIFICATIONS.—Individuals appointed Code of 1986 (relating to tax imposed) is to such Board shall have demonstrated amended by adding at the end the following On page 38, between lines 20 and 21, insert knowledge and experience that will assist in new subsection: the following new title: the carrying out of the purposes of the Trust ‘‘(j) PROVISION OF FUNDS FOR SECURITY AND TITLE III—IRAQ RECONSTRUCTION TRUST Fund. STABILIZATION OF IRAQ THROUGH PARTIAL FUND (2) UNITED STATES REPRESENTATION.— SUSPENSION OF REDUCTIONS IN HIGHEST IN- SEC. 3001. SHORT TITLE. (A) IN GENERAL.—Upon the effective date of COME TAX RATE.— this paragraph, there shall be a United This title may be cited as the ‘‘Iraq Recon- ‘‘(1) IN GENERAL.—In the case of any tax- States member of the Board of Trustees, who struction Trust Fund Act’’. able year beginning in 2005, 2006, 2007, 2008, shall be appointed by the President, and who 2009, and 2010, the 35 percent rate of tax SEC. 3002. DEFINITIONS. shall have the knowledge and experience de- under subsections (a), (b), (c), and (d) shall be In this title: scribed in paragraph (1). adjusted to the percentage determined by (1) APPROPRIATE CONGRESSIONAL COMMIT- (B) EFFECTIVE DATE.—This paragraph shall the Secretary to result in an increase in rev- TEES.—The term ‘‘appropriate congressional take effect on the date the Secretary cer- enues into the Treasury for all taxable years committees’’ means the Committee on For- tifies to Congress that an agreement estab- beginning in 2005, 2006, 2007, 2008, 2009, and eign Relations and the Committee on Appro- lishing the Trust Fund and providing for a 2010 equal to $87,000,000,000. priations of the Senate and the Committee United States member of the Board of Trust- ‘‘(2) ADJUSTMENT OF TABLES.—The Sec- on International Relations and the Com- ees is in effect. retary shall adjust the tables prescribed mittee on Appropriations of the House of (C) TERMINATION DATE.—The position es- under subsection (f) to carry out this sub- Representatives. tablished by subparagraph (A) is abolished section.’’. (2) BOARD OF TRUSTEES.—The term ‘‘Board upon the date of termination of the Trust (b) EFFECTIVE DATE.—The amendment of Trustees’’ means the Board of Trustees of Fund. made by this section shall apply to taxable the Trust Fund referred to in section (3) CONSULTATION.—The Board of Trustees years beginning in 2005. 3004(b)(1). shall consult with the Coalition Provisional (3) COALITION PROVISIONAL AUTHORITY.—The Authority in carrying out the purposes set SA 1797. Mr. VOINOVICH (for himself term ‘‘Coalition Provisional Authority’’ out in subsection (a). and Mr. LOTT) submitted an amend- means the entity charged by the President (c) APPOINTMENT OF AN ADMINISTRATOR.— ment intended to be proposed by him with directing reconstruction efforts in Iraq. The Board of Trustees, in consultation with

VerDate jul 14 2003 03:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.069 S01PT1 S12302 CONGRESSIONAL RECORD — SENATE October 1, 2003 the appropriate officials of the World Bank, SEC. 3007. ADVISORY BOARD. SISTANCE FUNDS APPROPRIATED TO shall appoint an Administrator who is re- (a) IN GENERAL.—The Board of Trustees, in THE PRESIDENT’’, other than amounts ap- sponsible for managing the day-to-day oper- consultation with the appropriate officials of propriated under such subheading for secu- ations of the Trust Fund. the World Bank, shall appoint an Advisory rity and for refugees, human rights, democ- (d) TERMINATION OF THE TRUST FUND.— Board to the Trust Fund. racy, and civil society, $10,000,000,000 shall be (1) IN GENERAL.—As part of the negotia- (b) APPOINTMENTS.—The members of the made available for the fiscal year 2004 for tions required by section 3003, the Secretary Advisory Board should be drawn from— contribution to the Trust Fund. shall negotiate with the World Bank to es- (1) a broad range of individuals with expe- (b) MATCHING CONTRIBUTIONS.—Subject to tablish conditions under which the Trust rience and leadership in the fields of civil en- the maximum amount available for con- Fund will be terminated. gineering, provision of utilities, oil produc- tribution to the Trust Fund under this Act, (2) REPAYMENT OF CONTRIBUTIONS.—Upon tion, public works, transportation, and com- the United States shall contribute to the the termination of the Trust Fund, any munications; Trust Fund out of the additional amount amounts contributed to the Fund that have (2) representatives of relevant United Na- made available under subsection (a), the not been expended shall be returned to the tions agencies and nongovernmental organi- amount that equals the total amount con- countries that contributed funds to the zations with on-the-ground experience in tributed by foreign countries to the Trust Trust Fund, on a pro rata basis. Iraq or other countries in the Middle East; Fund during the 180-day period that begins SEC. 3005. USE OF FUNDS. and on the date of the enactment of this Act. (a) LOANS AND LOAN GUARANTEES.—In car- (3) representatives of the Coalition Provi- (c) TRANSFER OF FUNDS.—On the date that rying out the purposes set out in section sional Authority. is 180 days after the date of the enactment of 3004(a), the Board of Trustees shall use the (c) RESPONSIBILITIES.—The Advisory Board this Act, any amount made available for the Trust Fund to provide loans and loan guar- shall provide advice and guidance to the Trust Fund under subsection (a) that exceeds antees to eligible entities under terms that Board of Trustees on the development and the amount required to be contributed to the will facilitate economic development in Iraq. implementation of programs and projects to Trust Fund under subsection (b) shall cease (b) ELIGIBLE ENTITY.—The Board of Trust- be assisted by the Trust Fund and on to be available for transfer to the Trust ees shall determine if an entity is eligible to leveraging donations to the Trust Fund. Fund and shall be transferred to an account receive a loan or a loan guarantee from the (d) PROHIBITION ON PAYMENT OF COMPENSA- to be available to the Coalition Provisional Authority for use as loans to, or to guar- Trust Fund. TION.— antee loans made by, the Governing Council (c) ACTIVITIES SUPPORTED.—The funds in (1) IN GENERAL.—Except for travel expenses the Trust Fund shall be used to provide loans (including per diem in lieu of subsistence), in Iraq. and loan guarantees that carry out the pur- no member of the Advisory Board shall re- SEC. 3010. CERTIFICATION REQUIREMENT. poses of the Trust Fund, including projects ceive compensation for services performed as Not later than 15 days prior to the initial to— a member of the Advisory Board. obligation or expenditure of funds appro- priated pursuant to section 3009, the Sec- (1) create or repair infrastructure to— (2) UNITED STATES REPRESENTATIVE.—Not- (A) produce and distribute electricity; withstanding any other provision of law (in- retary shall certify to the appropriate con- (B) extract, refine, and distribute oil; cluding an international agreement), a rep- gressional committees that— (C) provide drinking water; resentative of the United States on the Advi- (1) the Trust Fund has been created in ac- (D) treat and dispose of wastewater; sory Board may not accept compensation for cordance with the provisions of this title; (E) provide transportation; and services performed as a member of the Advi- and (F) facilitate communications; sory Board, except that such representative (2) adequate procedures and standards have (2) promote public health; may accept travel expenses, including per been established to ensure accountability for (3) provide housing; diem in lieu of subsistence, while away from and monitoring of the use of funds contrib- (4) ensure public safety; and the representative’s home or regular place of uted to the Trust Fund, including the cost of (5) develop a private sector economy. business in the performance of services for administering the Trust Fund. SEC. 3006. CONTRIBUTIONS AND ACCOUNT- the Advisory Board. SA 1799. Mr. COLEMAN (for himself, ABILITY. SEC. 3008. REPORTS TO CONGRESS. (a) AUTHORITY TO SOLICIT AND ACCEPT CON- Mr. DAYTON, Mr. STEVENS, Mr. DORGAN, (a) ANNUAL REPORTS BY SECRETARY.— TRIBUTIONS.—The Trust Fund shall be au- Mr. KENNEDY, Mr. JOHNSON, Mr. COL- (1) IN GENERAL.—Not later than 1 year after thorized to solicit and accept contributions the date of the enactment of this Act, and LINS, Mr. GRAHAM of South Carolina, from governments, the private sector, and annually thereafter for the duration of the and Mr. ENZI) submitted an amend- nongovernmental entities of all kinds. Trust Fund, the Secretary shall submit to ment intended to be proposed by him (b) ACCOUNTABILITY OF FUNDS AND CRITERIA the appropriate congressional committees a to the bill S. 1689, making emergency FOR PROGRAMS.—The Secretary shall, con- report on the Trust Fund. sistent with subsection (c)— supplemental appropriations for Iraq (2) REPORT ELEMENTS.—Each report re- (1) take such actions as are necessary to and Afghanistan security and recon- quired by paragraph (1) shall include a de- ensure that adequate procedures and stand- struction for the fiscal year ending scription of— ards are in place to account for and monitor September 30, 2004, and for others pur- (A) the goals of the Trust Fund; the use of funds contributed to the Trust poses; which was ordered to lie on the (B) the programs, projects, and activities Fund, including the cost of administering supported by the Trust Fund; table; as follows: the Trust Fund; and (C) private and governmental contribu- On page , between lines and , insert the (2) seek agreement with the World Bank on tions to the Trust Fund; and following: the criteria to be used to determine the pro- (D) the criteria that have been established SEC. . Of the funds in the Iraq Freedom grams and activities to be assisted by the that would be used to determine the pro- Fund, such funds as necessary shall be avail- Trust Fund. grams and activities to be assisted by the able for the reimbursement of the cost of one (c) SELECTION OF PROJECTS AND RECIPI- Trust Fund. round trip air fare incurred in fiscal year ENTS.—The Board of Trustees shall estab- 2003 or 2004 by members of the United States (b) GAO REPORT ON TRUST FUND EFFEC- lish— Armed Forces only in connection with the (1) criteria for the selection of projects to TIVENESS.—Not later than 1 year after the date of the enactment of this Act, and annu- Department of Defense Rest and Recuper- receive support from the Trust Fund; ation Leave Program for travel within the (2) standards and criteria regarding quali- ally thereafter for the duration of the Trust Fund, the Comptroller shall submit to the United States while on leave from deploy- fications of recipients of such support; ment overseas in support of Operation Iraqi appropriate congressional committees a re- (3) such rules and procedures as may be Freedom. necessary for cost-effective management of port evaluating the effectiveness of the f the Trust Fund; and Trust Fund, including— (4) such rules and procedures as may be (1) the effectiveness of the programs, NOTICES OF HEARINGS/MEETINGS necessary to ensure transparency and ac- projects, and activities described in sub- COMMITTEE ON INDIAN AFFAIRS countability in the process of making loans section (a)(2)(B) in the reconstruction in and loan guarantees. Iraq; and Mr. CAMPBELL. Mr. President, I (d) TRANSPARENCY OF OPERATIONS.—The (2) an assessment of the merits of contin- would like to announce that the Com- Board of Trustees shall ensure full and ued United States financial contributions to mittee on Indian Affairs will meet on prompt public disclosure of the proposed ob- the Trust Fund. Thursday, October 2, 2003, at 2 p.m. in jectives, financial organization, and oper- SEC. 3009. AVAILABILITY OF FUNDS. room 485 of the Russell Senate Office ations of the Trust Fund. (a) IN GENERAL.—In addition to any other Building to conduct a hearing on S. (e) ACCESS TO RECORDS.—The Comptroller funds available for multilateral or bilateral 1438, a bill to provide for equitable or any duly authorized representatives of the programs related to the purposes of the Comptroller shall have access to any books, Trust Fund, of the amounts appropriated in compensation of the Spokane Tribe of documents, papers, and records of the Trust title II under the subheading ‘‘IRAQ RELIEF Indians of the Spokane Reservation in Fund for the purpose of preparing the reports AND RECONSTRUCTION FUND’’ under the head- settlement of claims of the Tribe con- required in section 3008(b). ing ‘‘OTHER BILATERAL ECONOMIC AS- cerning the contribution of the Tribe

VerDate jul 14 2003 03:11 Oct 02, 2003 Jkt 029060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.085 S01PT1 October 1, 2003 CONGRESSIONAL RECORD — SENATE S12303 to the production of hydro power by L. Irizarry to be United States District Puerto Rico, as the Roberto Clemente Walk- the Grand Coulee Dam, and for other Judge for the Eastern District of New er Post Office Building. purposes. York.’’ There being no objection, the Senate Those wishing additional information proceeded to consider the bill. may contact the Indian Affairs Com- Witness List Mr. SPECTER. I ask unanimous con- mittee at 224–2251. Panel I: The Honorable Charles E. sent that the bill be read a third time f Schumer, United States Senator, D– and passed, the motion to reconsider be NY. laid upon the table, and that any state- AUTHORITY FOR COMMITTEES TO Panel II: Dora L. Irizarry to be ments related to the bill be printed in MEET United States District Judge, for the the RECORD. COMMITTEE ON COMMERCE, SCIENCE, AND Eastern District of New York. The PRESIDING OFFICER. Without TRANSPORTATION Panel III: Thomas Z. Hayward, Jr., objection, it is so ordered. Mr. MCCAIN. Mr. President, I ask Chair, Standing Committee on the Fed- The bill (H.R. 2826) was read the third unanimous consent that the Com- eral Judiciary, American Bar Associa- time and passed. mittee on Commerce, Science, and tion, Pat Hines, Former Chair, Stand- f Transportation be authorized to meet ing Committee on the Federal Judici- on Wednesday, October 1, 2003, at 9:30 ary, American Bar Association. APPOINTMENT a.m. on Climate Change. Panel IV: James F. Castro-Blanco, The PRESIDING OFFICER. The The PRESIDING OFFICER. Without Esq., Immediate Past President, Puer- Chair announces, on behalf of the Ma- objection, it is so ordered. to Rican Bar Association, Shearman & jority Leader, pursuant to provisions of COMMITTEE ON ENVIRONMENT AND PUBLIC Sterling, New York City, New York, S. Res. 98, agreed to July 25, 1997, the WORKS The Honorable Lewis L. Douglass, Jus- appointment of the Senator from Mr. MCCAIN. Mr. President, I ask tice, New York State Supreme Court, Idaho, Mr. CRAIG, to the Global Cli- unanimous consent that the Com- Chair, Franklin H. Williams, Commis- mate Change Observer Group. mittee on Environment and Public sion on Minorities, The Honorable Mi- Works be authorized to meet on chael L. Pesce, Presiding Justice, Ap- f Wednesday, October 1 at 9:30 to con- pellate Term, New York State Supreme ORDERS FOR THURSDAY, OCTOBER duct a business meeting to consider Court. 2, 2003 legislation S. 1643, S. 1066, S. 1663, and The PRESIDING OFFICER. Without Mr. SPECTER. Mr. President, I ask S. 1669, and the nomination of Michael objection, it is so ordered. unanimous consent that when the Sen- O. Leavitt, to be Administrator of the f ate completes its business today, it ad- U.S. Environmental Protection Agen- PRIVILEGE OF THE FLOOR journ until 9:30 a.m. tomorrow. I ask cy. further that following the prayer and The meeting will take place in SD 406 Mrs. HUTCHISON. Mr. President, I the pledge, the morning hour be (hearing room). ask unanimous consent that Kathryn deemed expired and the Journal of pro- The PRESIDING OFFICER. Without Kolbe, a legislative fellow in my office, ceedings be approved to date, the time objection, it is so ordered. be granted the privilege of the floor for the two leaders be reserved for their during the consideration of the Defense COMMITTEE ON FINANCE use later in the day, and the Senate supplemental bill. Mr. MCCAIN. Mr. President, I ask begin a period for morning business for The PRESIDING OFFICER. Without unanimous consent that the Com- up to 60 minutes, with the first 30 min- objection, it is so ordered. mittee on Finance be authorized to utes under the control of Senator Mr. COCHRAN. I ask unanimous con- meet in open Executive Session during HUTCHISON or her designee and the sec- sent that Bob Henke, Menda Fife, B.G. the session on Wednesday, October 1, ond 30 minutes under the control of the Wright, and Bill Simpson of the Appro- 2003, at 10 a.m., to consider a substitute minority leader or his designee; pro- priations Committee staff have full to S. 1637, the ‘‘Jumpstart Our Business vided that upon the conclusion of floor access during the consideration of Strength (JOBS) Act of 2003.’’ morning business, the Senate resume S. 1689, making emergency supple- The PRESIDING OFFICER. Without consideration of S. 1689, the Iraq/Af- mental appropriations for Iraq and Af- objection, it is so ordered. ghanistan supplemental appropriations ghanistan security and reconstruction COMMITTEE ON FOREIGN RELATIONS bill, as provided under the previous for the fiscal year ending September 30, Mr. MCCAIN. Mr. President, I ask order. 2004. unanimous consent that the Com- The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Without mittee on Foreign Relations be author- objection? objection, it is so ordered. ized to meet during the session of the Without objection, it is so ordered. Senate on Wednesday, October 1, 2003 Mr. STEVENS. Mr. President, I ask f at 2:30 p.m. to hold a hearing on Nomi- unanimous consent that Kathleen nations. Pierce, a legislative fellow assigned to PROGRAM Senator INOUYE’s office, be afforded The PRESIDING OFFICER. Without Mr. SPECTER. For the information objection, it is so ordered. floor privileges during the consider- ation of S. 1689, the emergency supple- of all Senators, tomorrow following COMMITTEE ON GOVERNMENTAL AFFAIRS mental bill. morning business the Senate will re- Mr. MCCAIN. Mr. President, I ask sume consideration of S. 1689. Under a unanimous consent that the Com- f previous agreement, there will then be mittee on Governmental Affairs be au- ROBERTO CLEMENTE WALKER 40 minutes for debate as previously thorized to meet on Wednesday, Octo- POST OFFICE BUILDING stated. The majority leader has asked ber 1, 2003, at 9:30 a.m. for a hearing Mr. SPECTER. Mr. President, I ask me to announce that rollcall votes can title ‘‘Deteriorating Buildings and unanimous consent that the Govern- be expected throughout the day. Wasted Opportunities: The Need for mental Affairs Committee be dis- f Federal Property Reform.’’ charged from further consideration of The PRESIDING OFFICER. Without H.R. 2826 and the Senate proceed to its ADJOURNMENT UNTIL 9:30 A.M. objection, it is so ordered. immediate consideration. TOMORROW COMMITTEE ON THE JUDICIARY The PRESIDING OFFICER. Without Mr. SPECTER. If there is no further Mr. MCCAIN. Mr. President, I ask objection, it is so ordered. The clerk business to come before the Senate, I unanimous consent that the Com- will report the title of the bill. ask unanimous consent that the Sen- mittee on the Judiciary be authorized The assistant legislative clerk read ate stand in adjournment under the to meet to conduct a hearing on as follows: previous order. Wednesday, October 1, 2003, at 10 a.m. A bill (H.R. 2826) to designate the facility There being no objection, the Senate, in the Dirksen Senate Office Building of the United States Postal Service located at 6:53 p.m., adjourned until Thursday, room 226 on ‘‘The Nomination of Dora at 1000 Avenida Sanchez Osorio in Carolina, October 2, 2003, at 9:30 a.m.

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SITION HE WAS APPOINTED DURING THE LAST RECESS JAMES MADISON MEMORIAL FELLOWSHIP NOMINATIONS OF THE SENATE. EXECUTIVE NOMINATIONS RE- ADOLFO A. FRANCO, OF VIRGINIA, TO BE A MEMBER OF FOUNDATION THE BOARD OF DIRECTORS OF THE INTER-AMERICAN DAVID WESLEY FLEMING, OF CALIFORNIA, TO BE A CEIVED BY THE SENATE OCTOBER FOUNDATION FOR A TERM EXPIRING SEPTEMBER 20, 2008, MEMBER OF THE BOARD OF TRUSTEES OF THE JAMES 1, 2003: VICE JEFFREY DAVIDOW, RESIGNED, TO WHICH POSITION HE WAS APPOINTED DURING THE LAST RECESS OF THE MADISON MEMORIAL FELLOWSHIP FOUNDATION FOR A DEPARTMENT OF DEFENSE SENATE. TERM EXPIRING MAY 29, 2007, VICE ALAN G. LOWY, TERM ROGER FRANCISCO NORIEGA, OF KANSAS, TO BE A EXPIRED, TO WHICH POSITION HE WAS APPOINTED DUR- JOHN PAUL WOODLEY, JR., OF VIRGINIA, TO BE AN AS- MEMBER OF THE BOARD OF DIRECTORS OF THE INTER- ING THE LAST RECESS OF THE SENATE. SISTANT SECRETARY OF THE ARMY, VICE MICHAEL AMERICAN FOUNDATION FOR A TERM EXPIRING SEP- JAY PHILLIP GREENE, OF FLORIDA, TO BE A MEMBER PARKER, TO WHICH POSITION HE WAS APPOINTED DUR- TEMBER 20, 2006, VICE HARRIETT C. BABBITT, TERM EX- OF THE BOARD OF TRUSTEES OF THE JAMES MADISON ING THE LAST RECESS OF THE SENATE. PIRED, TO WHICH POSITION HE WAS APPOINTED DURING MEMORIAL FELLOWSHIP FOUNDATION FOR A TERM EX- FEDERAL MARITIME COMMISSION THE LAST RECESS OF THE SENATE. PIRING NOVEMBER 17, 2005, VICE LOUISE L. STEVENSON, TERM EXPIRED, TO WHICH POSITION HE WAS APPOINTED AFRICAN DEVELOPMENT FOUNDATION A. PAUL ANDERSON, OF FLORIDA, TO BE A FEDERAL DURING THE LAST RECESS OF THE SENATE. MARITIME COMMISSIONER FOR THE TERM EXPIRING EPHRAIM BATAMBUZE, OF ILLINOIS, TO BE A MEMBER JOHN RICHARD PETROCIK, OF MISSOURI, TO BE A MEM- JUNE 30, 2007, VICE DELMOND J. H. WON, TERM EXPIRED, OF THE BOARD OF DIRECTORS OF THE AFRICAN DEVEL- BER OF THE BOARD OF TRUSTEES OF THE JAMES MADI- TO WHICH POSITION HE WAS APPOINTED DURING THE OPMENT FOUNDATION FOR A TERM EXPIRING FEBRUARY SON MEMORIAL FELLOWSHIP FOUNDATION FOR A TERM LAST RECESS OF THE SENATE. 9, 2008, VICE HENRY MCKOY, TERM EXPIRED, TO WHICH EXPIRING SEPTEMBER 27, 2008, VICE ELIZABETH GRIF- UNITED STATES INTERNATIONAL TRADE POSITION HE WAS APPOINTED DURING THE LAST RE- FITH, TERM EXPIRED, TO WHICH POSITION HE WAS AP- CESS OF THE SENATE. POINTED DURING THE LAST RECESS OF THE SENATE. COMMISSION DEPARTMENT OF STATE CHARLOTTE A. LANE, OF WEST VIRGINIA, TO BE A HARRY S TRUMAN SCHOLARSHIP FOUNDATION MEMBER OF THE UNITED STATES INTERNATIONAL MARY KRAMER, OF IOWA, TO BE AMBASSADOR EX- TRADE COMMISSION FOR A TERM EXPIRING DECEMBER TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED PATRICK LLOYD MCCRORY, OF NORTH CAROLINA, TO 16, 2009, VICE DENNIS M. DEVANEY, TO WHICH POSITION STATES OF AMERICA TO BARBADOS AND TO SERVE CON- BE A MEMBER OF THE BOARD OF TRUSTEES OF THE SHE WAS APPOINTED DURING THE LAST RECESS OF THE CURRENTLY AND WITHOUT ADDITIONAL COMPENSATION HARRY S TRUMAN SCHOLARSHIP FOUNDATION FOR A SENATE. AS AMBASSADOR EXTRAORDINARY AND PLENI- TERM EXPIRING DECEMBER 10, 2005, VICE RICHARD C. DANIEL PEARSON, OF MINNESOTA, TO BE A MEMBER POTENTIARY OF THE UNITED STATES OF AMERICA TO HACKETT, TERM EXPIRED, TO WHICH POSITION HE WAS OF THE UNITED STATES INTERNATIONAL TRADE COM- ST. KITTS AND NEVIS, SAINT LUCIA, ANTIGUA AND BAR- APPOINTED DURING THE LAST RECESS OF THE SENATE. MISSION FOR THE TERM EXPIRING JUNE 16, 2011, VICE BUDA, THE COMMONWEALTH OF DOMINICA, GRENADA, JUANITA ALICIA VASQUEZ-GARDNER, OF TEXAS, TO BE LYNN M. BRAGG, TERM EXPIRED, TO WHICH POSITION HE AND SAINT VINCENT AND THE GRENADINES. A MEMBER OF THE BOARD OF TRUSTEES OF THE HARRY WAS APPOINTED DURING THE LAST RECESS OF THE SEN- S TRUMAN SCHOLARSHIP FOUNDATION FOR A TERM EX- UNITED STATES INSTITUTE OF PEACE ATE. PIRING DECEMBER 10, 2003, VICE STEVEN L. ZINTER, INTER-AMERICAN FOUNDATION DANIEL PIPES, OF PENNSYLVANIA, TO BE A MEMBER TERM EXPIRED, TO WHICH POSITION SHE WAS AP- OF THE BOARD OF DIRECTORS OF THE UNITED STATES POINTED DURING THE LAST RECESS OF THE SENATE. JOSE A. FOURQUET, OF NEW JERSEY, TO BE A MEMBER INSTITUTE OF PEACE FOR A TERM EXPIRING JANUARY JUANITA ALICIA VASQUEZ-GARDNER, OF TEXAS, TO BE OF THE BOARD OF DIRECTORS OF THE INTER-AMERICAN 19, 2005, VICE ZALMAY KHALIZAD, TERM EXPIRED, TO A MEMBER OF THE BOARD OF TRUSTEES OF THE HARRY FOUNDATION FOR A TERM EXPIRING SEPTEMBER 20, 2004, WHICH POSITION HE WAS APPOINTED DURING THE LAST S TRUMAN SCHOLARSHIP FOUNDATION FOR A TERM EX- VICE MARK L. SCHNEIDER, TERM EXPIRED, TO WHICH PO- RECESS OF THE SENATE. PIRING DECEMBER 10, 2009. (REAPPOINTMENT)

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