S54 CONGRESSIONAL RECORD — SENATE January 22, 2008 committed by the Saddam Hussein re- conference report that the Senate over- believe that while a democratic, stable, gime that cannot be addressed in the whelmingly passed last month. It is my and prosperous Afghanistan is impor- U.S. courts due to a Presidential waiv- hope that the bill will receive similar tant to the national security of the er. support when we vote on it again later United States and to combating inter- We expect that the Department of today. national terrorism, I am concerned State will actively pursue such com- f that we are not achieving all of our pensation from Iraq. goals there. The United States has pro- As one of the authors of the new sec- NATIONAL DEFENSE AUTHORIZA- vided Afghanistan with over $20 billion tion 1083, I want to assure the Senate TION ACT FOR FISCAL YEAR 2008 in reconstruction and security assist- that the new language authorizes the The PRESIDING OFFICER. The ance. However, repeated and docu- waiver of section 1083, only as it ap- clerk will state the bill by title. mented incidents of waste, fraud, and plies to Iraq. The new subsection (d), The legislative clerk read as follows: abuse in the utilization of these funds which we have added to the bill, speci- A bill (H.R. 4986) to provide for the enact- have undermined reconstruction ef- fies that the President may waive any ment of the National Defense Authorization forts. I therefore believe that there is a provision of section 1083 ‘‘with respect Act for fiscal year 2008, and for other pur- critical need for vigorous oversight of to Iraq’’ and not with regard to any poses. spending by the United States on re- other country. We explicitly reaffirm Mr. FEINGOLD. Mr. President, I op- construction programs and projects in in this bill that other cases against pose the fiscal year 2008 Defense au- Afghanistan. state sponsors of terrorism, including thorization bill because it authorizes I would like to emphasize that the both Iran and Libya, may proceed to $189.5 billion for the war in Iraq but Government Accountability Office and judgment and collection under section does nothing to end the President’s the departmental Inspectors general 1083, unaffected by any Presidential misguided, open-ended Iraq policy. have provided valuable information on waiver. That policy has overburdened our mili- these activities. However, I believe Over the last 2 weeks, concerns have tary, weakened our national security, that the congressional oversight proc- been expressed about the possible im- diminished our international credi- ess requires more timely oversight and pact of this provision on innocent third bility, and cost the lives of thousands reporting of reconstruction activities parties entering joint ventures with of brave American soldiers. in Afghanistan. Oversight by this new Libya or Iran. The concern was that There are certain provisions of the Special Inspector General would en- these companies would find their own bill that I support strongly, including a compass the activities of the Depart- property seized to satisfy judgments pay raise for military personnel, Sen- ment of State, the Department of De- against those countries. Our language ator WEBB’s amendment creating a fense, and the U.S. Agency for Inter- does not allow for that result, because Commission on Wartime Contracting national Development, as well as other that is not our intent. This is not a to examine waste, fraud, and abuse in relevant agencies. It would highlight new issue: the question has been raised Iraq and Afghanistan, and Senator specific acts of waste, fraud, and abuse, as well as other managerial failures in by the language of the Lautenberg LAUTENBERG’s amendment to create a our assistance programs that need to amendment ever since it was first ap- Special Investigator General for Af- ghanistan Reconstruction. be addressed. proved by the Senate last fall. This new position will monitor U.S. We specifically addressed the prob- But on balance, I cannot vote to sup- assistance to Afghanistan in the civil- lem of joint ventures in our conference port a bill that defies the will of so ian and security sectors, as well as in on the Defense authorization bill, pre- many Wisconsinites—and so many the counternarcotics arena, and will viously approved by the Congress. We Americans—by allowing the President help both Congress and the American added language to the bill making it to continue one of the worst foreign people better understand the chal- policy mistakes in the history of our clear that the courts are authorized to lenges facing U.S. programs and Nation. compensate victim of state-sponsored projects in that country. I am pleased Mr. LAUTENBERG. Mr. President, I terrorism out of Libya’s—or other that this provision has been included in rise to applaud the chairman and rank- states’—assets, while separating and this final bill. shielding the assets of companies en- ing members of the Senate Armed Second, this bill includes my legisla- gaged in joint ventures with those Services Committee, Senators LEVIN tion to provide justice for victims of States. In the accompanying statement and MCCAIN, respectively, on passage of state-sponsored terrorism, which has of managers, we specifically urged the the National Defense Authorization strong bipartisan support. I believe courts to make use of this authority. Act for fiscal year 2008. this legislation is essential to pro- This language was the strongest action Specifically, I would like to express viding justice to those who have suf- that we could take to protect innocent my gratitude to the bill conferees for fered at the hands of terrorists and is third parties without also shielding the their inclusion of four amendments an important tool designed to deter fu- offending governments from liability that I authored and which were unani- ture state-sponsored terrorism. The ex- for their own actions. mously adopted by the Senate during isting law passed by Congress in 1996 We have included a provision to en- its initial consideration of this bill. has been weakened by recent judicial sure that the statement of managers These provisions will increase over- decisions. This legislation fixes these on our previous conference report will sight of our country’s economic and se- problems. apply to this new bill in this and all re- curity assistance to Afghanistan by In 1996, Congress created the ‘‘state gards. creating a Special Inspector General sponsored terrorism exception’’ to the Outside of the modification of sec- for Afghanistan Reconstruction, sec- Foreign Sovereign Immunities Act, tion 1083, the bill remains virtually un- tion 1229; help victims of state spon- FSIA. This exception allows victims of changed. We have, however, taken sored terrorism to achieve justice terrorism to sue those nations des- steps to ensure our men and women in through the U.S. courts, section 1083; ignated as state sponsors of terrorism uniform will not lose a penny as a re- prevent military health care fees by the Department of State for ter- sult of the delayed enactment of this through the TRICARE program from rorist acts they commit or for which bill. Toward that end, we have revised rising, sections 701 and 702; and in- they provide material support. Con- a number of provisions in the bill to crease accountability and planning for gress subsequently passed the Flatow make pay increases and bonus provi- safety and security at the Warren Amendment to the FSIA, which allows sions retroactive to January 1 and Grove Gunnery Range in New Jersey, victims of terrorism to seek meaning- avoid any gap in these authorities. section 359. ful damages, such as punitive damages, These changes have been worked out First, I was proud to be joined by my from state sponsors of terrorism for with the Department of Defense and cosponsors, Senators COBURN, DODD, the horrific acts of terrorist murder agreed to by the two Armed Services HAGEL, FEINGOLD, WEBB, and MCCAS- and injury committed or supported by Committees on a bipartisan basis. KILL, in creating a Special Inspector them. Other than these few changes, the General for Afghanistan Reconstruc- Congress’s original intent behind the bill before us today is identical to the tion. I wrote this legislation because I 1996 legislation has been muddied by

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S55 numerous court decisions. For exam- Jamahiriya, the court interpreted the justice for victims of state-sponsored ple, the courts decided in Cicippio- statute to begin to run at the time of terrorism be amended. The President Puleo v. Islamic Republic of Iran that the attack, contrary to our intent. It chose to take this extraordinary action there is no private right of action was our intent to provide a 10-year pe- without warning after asserting that against foreign governments—as op- riod from the date of enactment of the he had not been aware of the provi- posed to individuals—under the Flatow legislation for all acts that had oc- sion’s potential impact on the Govern- Amendment. Since this decision, curred at anytime prior to its passage ment of Iraq. The President contended judges have been prevented from apply- in 1996. We also intended to provide a that this provision would hinder Iraqi ing a uniform damages standard to all period of 10 years from the time of any reconstruction by exposing the current victims in a single case because a vic- attack which might occur after 1996. Iraqi government to liability for ter- tim’s right to pursue an action against My provision clarifies this intent. rorist acts committed by Saddam Hus- a foreign government depends upon My provision also addresses the prob- sein’s government and vetoed the en- State law. My provision in this bill lems that arose from overly mecha- tire Defense Authorization bill on that fixes this problem by reaffirming the nistic interpretations of the 1996 legis- basis. private right of action under the lation. For example, in several cases, To address the President’s concerns Flatow Amendment against the foreign such as Certain Underwriters v. Social- that the Government of Iraq could be state sponsors of terrorism themselves. ist People’s Libyan Arab Jamahiriya, made liable, the revised provision My provision in this bill also address- courts have prevented victims from grants the President the authority to es a part of the law which until now pursuing claims for collateral property waive the terror victim’s provision has granted foreign states an unusual damage sustained in terrorist attacks only for cases in which Iraq or its agen- procedural advantage. As a general directed against U.S. citizens. My new cies, instrumentalities, or govern- rule, interim court orders cannot be provision fixes this problem by cre- mental actors are named defendants. appealed until the court has reached a ating an explicit cause of action for The provision does not give the Presi- final disposition on the case as a whole. these kinds of property owners, or dent the authority to waive any part of However, foreign states have abused a their insurers, against state sponsors the provision for any case in which a narrow exception to this bar on in- of terrorism. government, its agencies, instrumen- terim appeals—the collateral order Finally, in several cases the courts talities, or governmental actors are doctrine—to delay justice for, and the have prevented non-U.S. nationals who named defendants other than Iraq. resolution of, victim’s suits. In Bee- work for the U.S. Government and By insisting on being given the power cham v. Socialist People’s Libyan Arab were injured in a terrorist attack dur- to waive application of this new law to Jamahiriya, Libya has delayed the ing their official duties from pursuing Iraq, the President seeks to prevent claims of dead and injured U.S. service claims for their personal injuries. My victims of past Iraqi terrorism—for personnel who were off duty when at- provision fixes this inequity by cre- acts committed by Saddam Hussein— tacked by Libyan agents at the Labelle ating an explicit cause of action for from achieving the same justice as vic- Discothe`que in Berlin in 1986. These non-U.S. nationals who were either tims of other countries. Fortunately, delays have lasted for many years, as working as an employee of the U.S. the President will not have authority the Libyans have taken or threatened Government or working pursuant to a to waive the provision’s application to to take frivolous collateral order doc- U.S. Government contract. terrorist acts committed by Iran and trine appeals whenever possible. My I also want to make special mention Libya, among others. In addition, my new provision in- provision will eliminate the ability of of the inspiration for this new legisla- cludes a Sense of the Congress that the state sponsors of terrorism to utilize tion. On October 23, 1983, the Battalion Secretary of State should work with the collateral order doctrine. My legis- Landing Team headquarters building in Iraq, on a state-to-state basis, to re- the Marine Amphibious Unit compound lation sends a clear and unequivocal solve the meritorious claims made at the Beirut International Airport was message to Libya. Its refusal to act in against Iraq by terror victims. It is destroyed by a terrorist bomb killing good faith will no longer be tolerated crucial that the victims of these ter- 241 marines, sailors, and soldiers who by Congress. rorist acts be included in such discus- Another purpose of my provision is were present in Lebanon on a peace- sions. Their approval of agreements to facilitate victims’ collection of their keeping mission. In a case known as made between the two governments on damages from state sponsors of ter- Peterson v. the Islamic Republic of their behalf is critical to ensuring that rorism. The misapplication of the Iran, filed on behalf of many of the ma- justice is served. ‘‘Bancec doctrine,’’ named for the Su- rine victims and their families, the Third, this Defense authorization bill preme Court’s decision in First Na- U.S. District Court ruled in 2003 that includes my provision to prevent pro- tional City Bank v. Banco Para El the terrorist organization Hezbollah posed increases in enrollment fees, pre- Comercio Exterior de Cuba, has in the was funded by, directed by, and relied miums, and pharmacy copayments for past erroneously protected the assets upon the Islamic Republic of Iran and TRICARE, the military community’s of terrorist states from attachment or its Ministry of Information and Secu- health plan. The principal coauthor of collection. For example, in Flatow v. rity to carry out that heinous attack. this provision is Senator HAGEL. Bank Saderat Iran, the Flatow family The judge presiding over this case, Both career members of the uni- attempted to attach an asset owned by Judge Royce Lamberth, referred to this formed services and their families en- Iran through the Bank Saderat Iran. as ‘‘the most deadly state sponsored dure unique and extraordinary de- Although Iran owned the Bank Saderat terrorist attack made against United mands and make extraordinary sac- Iran, the court, relying on the State States citizens before September 11, rifices over the course of 20-year to 30- Department’s application of the Bancec 2001.’’ In September of this year Judge year careers in protecting freedom for doctrine, held that the Flatows could Lamberth found that Iran not only is all Americans. I believe they deserve not attach the asset because they could responsible for this attack but also the best retirement benefits that a not show that Iran exercised day-to- owes the families of the victims a total grateful nation can provide. Proposals day managerial control over Bank of more than $2.6 billion for the attack. to compare cash fees paid by retired Saderat Iran. My provision will remedy Congress’s support of my provision will military members and their families to this issue by allowing attachment of now empower these victims to pursue fees paid by civilians fails to ade- the assets of a state sponsor of ter- Iranian assets to obtain this just com- quately recognize the sacrifice of mili- rorism to be made upon the satisfac- pensation for their suffering. This is tary members. We must be mindful tion of a ‘‘simple ownership’’ test. true justice through American rule of that military members prepay the Another problem is that courts have law. equivalent of very large advance pre- mistakenly interpreted the statute of However, President Bush’s veto of miums for health care in retirement limitations provision that Congress the initial version of the National De- through their extended service and sac- created in 1996. In cases such as Vine v. fense Authorization Act for fiscal year rifice. Republic of Iraq and later Buonocore v. 2008, H.R. 1585, on New Year’s Eve re- The Department of Defense and our Socialist People’s Libyan Arab quired that my provision to provide Nation have a committed obligation to

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S56 CONGRESSIONAL RECORD — SENATE January 22, 2008 provide health care benefits to Active On January 4, 2008, the President The Constitution does not provide for Duty, National Guard, Reserve, and re- issued Executive Order 13454, which double vetoes: A bill is vetoed either by tired members of the uniformed serv- gave all members of the military a 3- being returned or, if return is pre- ices, their families, and survivors, that percent pay raise effective January 1, vented by Congress’s adjournment, by considerably exceed the obligation of 2008. I commend the House for its Janu- being pocketed. Here, the President re- corporate employers to provide health ary 16, 2008, decision to make retro- turned the bill to the other body care benefits to their employees. Ulti- active to January 1, 2008, a 3.5-percent through delivery to the Clerk. Obvi- mately, the Department of Defense has pay raise for members of the uniformed ously, the adjournment did not prevent options to constrain the growth of services. This was the number that the the bill’s return. Accordingly, the bill health care spending in ways that do House and the Senate agreed upon be- was not subject to a pocket veto. Had not disadvantage current and retired fore we sent the bill to President Bush the President not returned the bill members of the uniformed services, in December; I think it is only fair this within the 10 days—excluding Sunday— and it should pursue any and all such be the number we return to when we prescribed by the Constitution, the bill options as a first priority. Raising fees again submit the bill to the President. would have become law without his sig- excessively on TRICARE beneficiaries The men and women of the military nature. That fact explains why the is not the way to achieve this objec- should not be made to suffer for dis- President returned the bill. tive. agreements between the Congress and Indeed, in 1983, President Reagan at- Finally, I thank the conferees for in- the White House. tempted to pocket veto a military aid cluding my amendment to require in- Mr. REID. Mr. President, in a few appropriations measure during an anal- creased oversight and accountability, minutes, I am going to ask unanimous ogous adjournment—the break between as well as improved safety measures, at consent to take up the authorization the first and second sessions of the 98th the Warren Grove Gunnery Range in bill for the Department of Defense for Congress. On a bipartisan basis, the New Jersey. I wrote this provision with fiscal year 2008. But before we proceed Senate joined a group of Members of Senator MENENDEZ because a number to consider and pass this important the other body to challenge that at- of dangerous safety incidents caused by legislation, I want to take just a mo- tempted misuse of the pocket veto in a the Air National Guard have repeat- ment to advise my colleagues of the Federal court case called Barnes v. edly impacted the residents living unfortunate and troubling path that Kline. Although the decision was sub- nearby the range. this legislation has taken since the sequently vacated because the fiscal On May 15, 2007, a fire ignited during Senate last voted to pass it on Decem- year for the military aid bill had ex- an Air National Guard practice mission ber 14. pired in the meantime, thereby at Warren Grove Gunnery Range, On December 19, the same day the mooting the case, the Court of Appeals scorching 17,250 acres of New Jersey’s other body adjourned its first session, for the District of Columbia Circuit re- Pinelands, destroying 5 houses, signifi- the Congress sent to the President leg- jected the Executive’s attempt to cantly damaging 13 others, and tempo- islation, H.R. 1585, that was identical pocket veto the bill and held that, be- rarily displacing approximately 6,000 to the bill we are about to take up and cause it could have been returned to people from their homes in sections of pass, with one substantive difference the House, under the Constitution the Ocean and Burlington Counties in New regarding section 1083 and several asso- bill had become law. The court held Jersey. ciated technical corrections necessary that three factors, when taken to- My provision will require that an an- due to the delay of the bill’s enact- gether, establish that adjournment of nual report on safety measures taken ment. the first session of a Congress does not at the range be produced by the Sec- What I want to focus on today is the prevent the President from returning a retary of the Air Force. The first re- manner in which the President chose bill under the Constitution: First, port will be due no later than March 1, to exercise his veto prerogative. As the ‘‘[t]he existence of an authorized re- 2008, and two more will be due annually Chair and our colleagues are well ceiver of veto messages’’; second, ‘‘the thereafter. My provision will also re- aware, the Framers of our Constitution rules providing for carryover of unfin- quire that a master plan for the range deliberately gave the President only a ished business’’ in the second session of be drafted that includes measures to limited or qualified veto power, one a Congress; and third, ‘‘the duration of mitigate encroachment issues sur- that could be overridden by Congress if modern intersession adjournments.’’ rounding the range, taking into consid- it could muster a two-third vote in In that decision, the court of appeals eration military mission requirements, both Houses—a formidable challenge. built upon the foundation laid by our land use plans, the surrounding com- But President Bush was not satisfied colleague, the senior Senator from munity, the economy of the region, and simply to veto the bill and risk an Massachusetts, who, a decade earlier the protection of the environment and override, as contemplated under our personally had argued and won the case public health, safety, and welfare. I be- constitutional process. Kennedy v. Sampson in the same court, lieve that these studies will provide the Rather, on December 28, the Presi- thereby establishing the President’s type of information that we need to en- dent issued a memorandum of dis- duty to return bills to Congress, sure that there is long-term safety at approval stating that, because the through its appointed officers, during the range, both for the military and other body had adjourned its first ses- intrasession adjournments. As the the surrounding communities. sion, while the Senate remained in ses- court made clear, during both types of Mr. SPECTER. Mr. President, I have sion to protect its advise-and-consent adjournments, the application of the sought recognition to address the pay prerogative, he considered the bill pocket veto clause has necessarily been raise given to members of the U.S. pocket vetoed, relying upon the con- guided from the beginning by its military. On December 28, 2007, Presi- stitutional provision that protects ‘‘manifest purpose.’’ And that purpose dent Bush vetoed the National Defense against the Congress’s adjourning in is solely to ensure that the Congress Authorization Act for Fiscal Year 2008 order to prevent the President from ex- cannot deprive the President of his because of a disagreement over a provi- ercising his veto power. But the Presi- right to exercise the qualified veto, not sion in the Justice for Victims of State dent did not actually pocket the bill. to permit the President to accomplish Sponsored Terrorism Act of 2007. Instead, using the mechanism provided what the Framers of our Constitution The disagreement over language in in the rules of the other body for such denied him—by transforming the quali- the Justice for Victims of State Spon- periods as the December holidays, the fied veto into an absolute veto. sored Terrorism Act has affected far White House returned the bill, with the I have gone into some detail in expli- more individuals than the legislation President’s veto message, to the Clerk cating the background and history of itself addresses. By holding up the of the House, for transmission to the the pocket veto controversy because of signing of the National Defense Au- full body when it reconvened last week. its importance to our constitutional thorization Act for Fiscal Year 2008, it The President said that he was return- system of separation of powers and jeopardized the pay raise which was ing the bill ‘‘to avoid unnecessary liti- checks and balances between the promised to our Nation’s servicemen gation’’ and ‘‘to leave no doubt’’ that branches. The President should aban- and servicewomen. he was vetoing the bill. don the strange and unseemly practice

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S57 of maintaining that he cannot return a MENENDEZ), and the Senator from Illi- there has to be a conference. I hope we bill to Congress, while simultaneously nois (Mr. OBAMA) are necessarily ab- could have this extension. I need not returning the bill. Such game-playing sent. belabor the point. I asked this consent is unworthy of the Office of the Presi- I further announce that, if present before we left; I ask it again. dent and breaks faith with the bril- and voting, the Senator from New Jer- The PRESIDING OFFICER. Is there liant, carefully crafted system that the sey (Mr. MENENDEZ) would vote ‘‘yea.’’ objection? The Republican leader. Founders bequeathed to us and future Mr. KYL. The following Senators are Mr. MCCONNELL. Mr. President, re- generations. necessarily absent: the Senator from serving the right to object, and I will However, much as part of me would Arizona (Mr. MCCAIN), the Senator be objecting, let me say, my good like to see Congress take the oppor- from South Dakota (Mr. THUNE), and friend, the majority leader, and I have tunity provided by the President’s ac- the Senator from Virginia (Mr. WAR- discussed this issue. There is a signifi- tion here to establish definitively the NER). cant amount of time left this month to Congress’s constitutional power to The PRESIDING OFFICER. Are there pass this bill in the Senate. A con- override a veto exercised during its ad- any other Senators in the Chamber de- ference may or may not be necessary. journment, the Nation’s security and siring to vote? Back in August, when we did an exten- the care of our troops and wounded The result was announced—yeas 91, sion of the FISA bill, the House simply warriors demands that we get this bill nays 3, as follows: took up the Senate-passed bill and signed into law as soon as possible. [Rollcall Vote No. 1 Leg.] passed it, and it went down to the This bill provides important congres- YEAS—91 President for signature. So I think the sional authorizations and guidance for discussion of extension, particularly Akaka Dole McCaskill the Nation’s defense budget, a 3.5-per- Alexander Domenici McConnell when, hopefully, we will turn to this cent 9 pay raise and key bonuses for Allard Dorgan Mikulski bill in the very near future in the Sen- the troops, legislation to improve the Barrasso Durbin Murkowski ate, is not timely and, therefore, I ob- Baucus Ensign Murray system of care for our wounded war- Bayh Enzi ject. Nelson (FL) The PRESIDING OFFICER. Objec- riors, and authorization to establish a Bennett Feinstein Nelson (NE) war profiteering commission. The Biden Graham Pryor tion is heard. Bingaman Grassley President’s veto of this bill in Decem- Reed The majority leader. Bond Gregg Reid Mr. REID. Mr. President, for all ber has already delayed these provi- Boxer Hagel sions for too long. Brown Harkin Roberts Members here, we are on the Indian Brownback Hatch Rockefeller health bill now. I hope we can complete I also want to reiterate that it is my Salazar Bunning Hutchison that bill tomorrow. The Republicans belief that the Government of Iraq Burr Inhofe Schumer should take responsibility for what has Cantwell Inouye Sessions are having a retreat. They are having taken place there in years past, includ- Cardin Isakson Shelby theirs tomorrow; we are going to have ing the brutal torture of American Carper Johnson Smith ours in 10 days or so. There will be ac- Casey Kennedy Snowe tivities on the Senate floor tomorrow, POWs. Congress has gone on record re- Chambliss Kerry Specter peatedly—most recently, in over- Coburn Klobuchar Stabenow but there will be no votes. If there are whelmingly passing section 1083 of the Cochran Kohl Stevens any votes tomorrow, it will be after conference report to H.R. 1585 last year Coleman Kyl Sununu they finish their retreat, after 6 o’clock Collins Landrieu Tester in both the House and Senate and send- Conrad Lautenberg tomorrow night. Vitter So we hope some work can be done on ing it to the President—to support the Corker Leahy Voinovich Cornyn efforts of these Americans who have Levin Webb this bill tomorrow. We know the Re- Craig Lieberman Whitehouse publicans will be absent, so that makes suffered so much for their country to Crapo Lincoln Wicker hold their torturers accountable. This DeMint Lugar it very difficult. Wyden administration has been fighting for Dodd Martinez We have to finish FISA this week. years to oppose efforts to win com- NAYS—3 Everyone should be aware of that point. We have to finish it this week. I pensation for these American soldiers, Byrd Feingold Sanders which is, frankly, a disgrace. know there are important trips people In light of the President’s veto over NOT VOTING—6 want to take. We have the very impor- this issue, I call on him and his admin- Clinton Menendez Thune tant economic conference in Davos McCain Obama Warner istration to work with the POWs and that Democrats and Republicans alike their family members to facilitate ne- The bill (H.R. 4986) was passed. would like to go to. gotiations with the Government of The PRESIDING OFFICER. The mo- I say, unless we finish the bill Thurs- Iraq. It is my understanding that the tion to reconsider is considered made day—and we will not be able to get to administration has been working with and laid on the table. it until tomorrow night—unless we fin- Iraq to settle gulf war commercial The majority leader is recognized. ish the bill on Thursday, then we are debts with foreign corporations such as f going to have to continue working this Mitsubishi of Japan and Hyundai of week until we finish this bill. We have UNANIMOUS CONSENT REQUEST— to finish this bill. It is not fair to the Korea through issuance of Iraqi bonds. S. 2541 This mechanism takes no funds from House to jam them so that they have 1 the reconstruction of Iraq. It is beyond Mr. REID. Mr. President, I am glad day to act on this legislation. If we fin- me why the administration would we have a large number of Senators ish it this week, I have spoken to the refuse to do at least that for the POWs. here today. I want to go over the Speaker today and they will work to The administration needs to make this schedule for this week. complete this matter next week. It right. First of all, I am going to ask unani- would be to everyone’s advantage if we The bill (H.R. 4986) was ordered to a mous consent, and I will do that now, had more time to do this. third reading and was read the third that the Senate proceed to the consid- I respect what the Republican leader time. eration of S. 2541, which is a 30-day ex- has said, but everyone here should un- Mr. LEVIN. Mr. President, I ask for tension of the Foreign Intelligence derstand all weekend activities have to the yeas and nays. Surveillance Act we are going to be be put on hold until we finish this bill. The PRESIDING OFFICER. Is there a dealing with; that the bill be read three Now, it is possible we could finish it sufficient second? There is a sufficient times, passed, the motion to reconsider fairly quickly. We are going to work second. be laid upon the table, with no inter- from the Intelligence bill, and if The question is on passage of the bill. vening action or debate. amendments are offered that people The clerk will call the roll. The reason I ask consent on this leg- don’t like, I would suggest they move The legislative clerk called the roll. islation is that this bill expires on Feb- to table those amendments. Because if Mr. DURBIN. I announce that the ruary 1. The House has not acted on people think they are going to talk Senator from New York (Mrs. CLIN- this bill yet, so when we pass this bill, this to death, we are going to be in TON), the Senator from New Jersey (Mr. the House has to pass their bill, and here all night. This is not something

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