[Congressional Record Volume 149, Number 105 (Wednesday, July 16, 2003)]
[Senate]
[Pages S9505-S9508]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1267. Mr. ALLARD (for himself, Mr. Nelson of Florida, Mr. 
Campbell, and Mr. Sessions) submitted an amendment intended to be 
proposed by him to the bill H.R. 2658, making appropriations for the 
Department of Defense for the fiscal year ending September 30, 2004, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 120, between lines 17 and 18, insert the following:
       Sec. 8124. Of the total amount appropriated by title III 
     under the heading ``Missile Procurement, Air Force'', up to 
     $10,000,000 may be used for assured access to space in 
     addition to the amount available under such heading for the 
     Evolved Expendable Launch Vehicle.
                                 ______
                                 
  SA 1268. Mr. BINGAMAN (for himself, Mr. Specter, Mr. Daschle, Mr. 
Byrd, Mr. Leahy, Mr. Levin, Mr. Rockefeller, Mr. Corzine, Mr. Durbin, 
and Mr. Carper) proposed an amendment to the bill H.R. 2658, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2004, and for other purposes; as follows:

       Insert after section 8123 the following:
       Sec. 8124. (a) Report on Individuals Detained as Enemy 
     Combatants by United States Government.--Not later than 90 
     days after the date of the enactment of this Act, the 
     Secretary of Defense shall submit to the appropriate 
     committees of Congress a report on the individuals being 
     detained by the United States Government as enemy combatants.
       (b) Elements.--Except as provided in subsection (c), the 
     report under subsection (a) shall set forth the following:
       (1) The name and nationality of each individual being 
     detained by the United States Government as an enemy 
     combatant.
       (2) With respect to each such individual--
       (A) a statement whether the United States Government 
     intends to charge, repatriate, or release such individual; or
       (B) if a determination has not been made whether to charge, 
     repatriate, or release such individual, a description of the 
     procedures (including the schedule) to be employed by the 
     United States Government to determine whether to charge, 
     repatriate, or release such individual.
       (3) With respect to each such individual who the United 
     States Government intends to charge, the schedule for the 
     filing of the charges and the trial of such individual.
       (c) Classification of Certain Individuals.--(1) If the 
     Secretary determines that the inclusion of an individual in 
     the report under subsection (a) would harm the national 
     security of the United States, the Secretary may include such 
     individual in a classified annex.
       (2) Determinations under paragraph (1) shall be made on a 
     case-by-case basis.
       (3) If the Secretary determines to omit one or more 
     individuals from the unclassified form of the report, the 
     Secretary shall include in the report an explanation of the 
     omission of the individual or individuals.
       (d) Form.--The report under subsection (a) shall, to the 
     maximum extent practicable, be submitted in unclassified 
     form, but may include a classified annex.
       (e) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committees on Armed Services and the Judiciary and 
     the Select Committee on Intelligence of the Senate; and
       (B) the Committees on Armed Services and the Judiciary and 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives.
       (2) The term ``enemy combatant'' means--
       (A) an individual held under the authority of the Military 
     Order of November 13, 2001 (Volume 66, No. 222, pages 57833-
     57836 of the Federal Register); or
       (B) an individual designated as an enemy combatant and held 
     under other legal authority.
                                 ______
                                 
  SA 1269. Mr. DASCHLE (for himself, Mr. Graham of South Carolina, Mr. 
Leahy, Mr. DeWine, Mr. Miller, Mr. Smith, Mrs. Clinton, and Ms. 
Mikulski) proposed an amendment to the bill H.R. 2658, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2004, and for other purposes; as follows:

       At the appropriate place in the bill insert the following:

     SEC.  . IN RECOGNITION OF THE NATIONAL GUARD AND RESERVE'S 
                   CONTRIBUTIONS TO OUR NATIONAL SECURITY AND 
                   EXPRESSING STRONG SUPPORT FOR THE SENATE'S 
                   PREVIOUS BIPARTISAN VOTE TO PROVIDE THESE 
                   FORCES ACCESS TO TRICARE.

       (a) Findings.--The Senate makes the following findings:
       (1) Forces in the U.S. National Guard and Reserve have made 
     and continue to make essential and effective contributions to 
     Operations Iraqi Freedom and other ongoing military 
     operations;

[[Page S9506]]

       (2) More than 200,000 reserve personnel from the Army, 
     Navy, Air Force, Marine Corps, and Coast Guard are currently 
     serving their nation on active status;
       (3) Our dependence on the National Guard and Reserve has 
     increased dramatically over the course of the past decade. 
     Annual duty days have grown from about 1 million in the late 
     1980s to more than 12 million in every year since 1996;
       (4) While our dependence on the reserves has increased in 
     the post-Cold War era, their basic pay and benefits structure 
     has remained largely unchanged;
       (5) Offering TRICARE to reservists for an affordable 
     monthly premium enhances our national security by improving 
     their medical readiness when called to duty, streamlining and 
     accelerating the mobilization process, and enhancing our 
     military's ability to recruit and retain qualified personnel 
     to reserve duty;
       (6) The Congressional Budget Office, the official, non-
     partisan scorekeeper of all congressional legislation, has 
     estimated the cost of this proposal at just over one-tenth of 
     one percent of the Administration's FY 2004 defense budget 
     request;
       (7) On May 20, 2003, a strong majority of Senate Democrats 
     and Republicans joined together and voted 85-10 for an 
     amendment to the FY 2004 Defense Authorization bill to 
     provide reserve personnel and their families access to 
     TRICARE regardless of their current deployment status; and
       (8) The Appropriations Committee indicated in its report 
     accompanying the FY 2004 Defense Appropriations bill that it 
     supports this proposal.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that:
       (1) The National Guard and Reserve play a critical and 
     increasingly demanding role in protecting our national 
     security, and
       (2) The Senate supports the Appropriations Committee 
     position as articulated in the report accompanying the FY 
     2004 Defense Appropriations bill and affirms its support for 
     providing Guard and Reserve personnel access to TRICARE.
                                 ______
                                 
  SA 1270. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2658, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2004, and for other 
purposes; as follows:

       On page 120, between lines 17 and 18, insert the following:
       Sec. 8124. None of the funds appropriated by this Act may 
     be obligated or expended for any of the following programs, 
     projects, and activities:
       (1) The canola oil fuel cell initiative.
       (2) Shakespeare in America military communities.
       (3) Control of brown tree snakes.
       (4) The Academy for Closing and Avoiding Achievement Gaps.
       (5) Hangar renovation at the former Griffis Air Force Base, 
     New York.
                                 ______
                                 
  SA 1271. Mrs. BOXER (for herself, Ms. Landrieu, and Mrs. Murray) 
proposed an amendment to the bill H.R. 2658, making appropriations for 
the Department of Defense for the fiscal year ending September 30, 
2004, and for other purposes; as follows:

       At the appropriate place, add the following:

     SEC.  .REPORTS ON IRAQ.

       Not less than once every 30 days, the Secretary of Defense 
     shall submit a report to the congressional defense 
     committees, the House International Relations Committee, and 
     Senate Foreign Relations Committee that contains the 
     following information:
       (a) Total and monthly costs of U.S. operations in Iraq,
       (b) Number of U.S. military personnel serving in Iraq and 
     the immediate region,
       (c) Total and monthly contributions made by foreign 
     governments and international organizations in support of 
     U.S. operations in Iraq,
       (d) Number of foreign military personnel serving in support 
     of U.S. operations in Iraq,
       (e) Defense articles and services offered by foreign 
     governments and international organizations in support of 
     U.S. operations in Iraq,
       (f) Total number of U.S. casualties as a result of U.S. 
     operations in Iraq by date and cause,
       (g) All contracts in excess of $10 million entered into by 
     the U.S. government for the reconstruction of Iraq.
                                 ______
                                 
  SA 1272. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 2658, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2004, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 120, between lines 17 and 18, insert the following:
       Sec. 8124. Not later than 30 days after the date of the 
     enactment of this Act, the President shall submit to Congress 
     an unclassified report (with a classified annex, if 
     necessary) on the United States strategy regarding activities 
     related to post-conflict security, humanitarian assistance, 
     governance, and reconstruction in Iraq that are undertaken as 
     a result of Operation Iraqi Freedom. The report shall include 
     the following:
       (1) A schedule for the President to seek NATO 
     participation, as an organization of many nations, in ongoing 
     operations in Iraq.
       (2) A schedule for the President to seek and obtain the 
     approval of a resolution of the United Nations Security 
     Council authorizing a multinational civil and security force 
     (including substantial participation by armed forces of NATO 
     member countries under unified command and control) to 
     guarantee the stability, democratization, and reconstruction 
     of Iraq.
       (3) An estimate of the number of Armed Forces personnel 
     that are needed in Iraq to guarantee the stability and 
     reconstruction of Iraq, separately stated for each of the 
     Armed Forces and, within each of the Armed Forces, for each 
     of the components.
       (4) An estimate of the number of personnel of armed forces 
     of foreign countries that are needed in Iraq to guarantee the 
     stability and reconstruction of Iraq.
                                 ______
                                 
  SA 1273. Mr. KENNEDY (for himself and Mr. Leahy) proposed an 
amendment to the bill H.R. 2658, making appropriations for the 
Department of Defense for the fiscal year ending September 30, 2004, 
and for other purposes; as follows:

       On page 120, between lines 17 and 18, insert the following:
       Sec. 8124. Not later than 30 days after the date of the 
     enactment of this Act, the President shall submit to Congress 
     an unclassified report (with a classified annex, if 
     necessary) on the United States strategy regarding activities 
     related to post-conflict security, humanitarian assistance, 
     governance, and reconstruction in Iraq that are undertaken as 
     a result of Operation Iraqi Freedom. The report shall include 
     the following:
       (1) A schedule for the President to seek NATO 
     participation, as an organization of many nations, in ongoing 
     operations in Iraq.
       (2) A schedule for the President to seek and obtain the 
     approval of a resolution of the United Nations Security 
     Council authorizing a multinational civil and security force 
     (including substantial participation by armed forces of NATO 
     member countries under unified command and control) to 
     guarantee the stability, democratization, and reconstruction 
     of Iraq.
       (3) An estimate of the number of Armed Forces personnel 
     that are needed in Iraq to guarantee the stability and 
     reconstruction of Iraq, separately stated for each of the 
     Armed Forces and, within each of the Armed Forces, for each 
     of the components.
       (4) An estimate of the number of personnel of armed forces 
     of foreign countries that are needed in Iraq to guarantee the 
     stability and reconstruction of Iraq.
         (5) A statement and justification from the President for 
     his actions in seeking or failing to seek NATO participation 
     or a UN Security Council resolution.
                                 ______
                                 
  SA 1274. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 2658, making appropriations for the 
Department of Defense for the fiscal year ending September 30, 2004, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Insert after section 8123 the following:
       Sec. 8124. (a) Findings.--The Senate makes the following 
     findings:
       (1) Naval Station Roosevelt Roads, Puerto Rico, is a 
     strategically important forward base for United States 
     military forces operating in the Caribbean Ocean and South 
     America.
       (2) Naval Station Roosevelt Roads contributes significantly 
     to the operations of a series of ranges and locations in a 
     240,000 square mile area of the eastern Caribbean Ocean that 
     supports Navy readiness exercises, proficiency assessments, 
     and research, development, test, and evaluation activities.
       (3) The 2005 round of defense base closure and realignment 
     under the Defense Base Closure and Realignment Act of 1990 
     (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
     note) is intended to ensure the objective and careful 
     consideration of the current and future military value of 
     military installations, ranges, activities, and facilities in 
     determining the infrastructure requirements of the Armed 
     Forces.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the resolution of the disposition of Naval Station Roosevelt 
     Roads, Puerto Rico, should occur during the 2005 round of 
     defense base closure and realignment under the Defense Base 
     Closure and Realignment Act of 1990.
                                 ______
                                 
  SA 1275. Mr. CORZINE proposed an amendment to the bill H.R. 2658, 
making appropriations for the Department of Defense for the fiscal year 
ending September 30, 2004, and for other purposes; as follows:

       At the appropriate place insert the following:

TITLE --NATIONAL COMMISSION ON THE DEVELOPMENT AND USE OF INTELLIGENCE 
                            RELATED TO IRAQ

     SEC. 101. ESTABLISHMENT OF COMMISSION.

       There is established the National Commission on the 
     Development and Use of Intelligence Related to Iraq.

[[Page S9507]]

     SEC. 102. FINDINGS.

       (1) The Congress underscores its commitment to and support 
     for ongoing Congressional reviews regarding the collection 
     and analysis of intelligence to Iraq.

     SEC. 103. PURPOSE.

       The purposes of the Commission are to--
       (1) examine and report upon the role of policymakers in the 
     development of intelligence related to Iraq and Operation 
     Iraqi Freedom;
       (2) examine and report upon the use of intelligence related 
     to Iraq and Operation Iraqi Freedom;
       (3) build upon the reviews of intelligence related to Iraq 
     and Operation Iraqi Freedom, including those being conducted 
     by the Executive Branch, Congress and other entities; and
       (4) investigate and publicly report to the President and 
     Congress on its findings, conclusions, and recommendations.

     SEC. 104. COMPOSITION OF THE COMMISSION.

       (a) Members.--The Commission shall be composed of 12 
     members of whom--
       (1) 3 members shall be appointed by the Speaker of the 
     House of Representatives;
       (2) 3 members shall be appointed by the minority leader of 
     the Senate; and
       (3) 3 members shall be appointed by the minority leader of 
     the House of Representatives.
       (b) Chairperson; Vice Chairperson.--
       (1) In general.--Subject to paragraph (2), the Chairperson 
     and Vice Chairperson of the Commission shall be elected by 
     the members.
       (2) Political party affiliation.--The Chairperson and Vice 
     Chairperson shall not be from the same political party.
       (c) Qualifications; Initial Meeting.--
       (1) Qualifications.--It is the sense of Congress that 
     individuals appointed to the Commission should be prominent 
     United States citizens, with national recognition and 
     significant depth of experience in such professions as 
     intelligence, governmental service, the armed services, law 
     enforcement, and foreign affairs.
       (2) Initial meeting.--Once six or more members of the 
     Commission have been appointed, those members who have been 
     appointed may meet and, if necessary, select a temporary 
     chairperson, who may begin the operations of the Commission, 
     including the hiring of staff.
       (d) Quorum; Vacancies.--After its initial meeting, the 
     Commission shall meet upon the call of the chairperson or a 
     majority of its members. Six members of the Commission shall 
     constitute a quorum. Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.

     SEC. 105. FUNCTIONS OF THE COMMISSION.

       The functions of the Commission are to--
       (1) conduct an investigation that--
       (A) investigates the development and use of intelligence 
     related to Iraq and Operation Iraqi Freedom; and
       (B) shall include an investigation of intelligence related 
     to whether Iraq:
       (i) possessed chemical, biological and nuclear weapons, and 
     the locations of those weapons;
       (ii) had links to Al Qaeda;
       (iii) attempted to acquire uranium in Africa, and if so, 
     when;
       (iv) attempted to procure aluminum tubes for the 
     development of nuclear weapons;
       (v) possessed mobile laboratories for the production of 
     weapons of mass destruction;
       (vi) possessed delivery systems for weapons of mass 
     destruction; and
       (vii) any other matters that bear upon the imminence of the 
     threat to the national security of the United States and its 
     allies.
       (2) submit to the President and Congress such report as is 
     required by this title containing such findings, conclusions, 
     and recommendations as the Commission shall determine, 
     including proposing organization, coordination, planning, 
     management arrangements, procedures, rules, and regulations.
       (A) Form of report.--Each report prepared under this 
     section shall be submitted in unclassified form, but may 
     contain a classified annex.

     SEC. 106. POWERS OF THE COMMISSION.

       (a) In General.--
       (1) Hearings and evidence.--The Commission, or, on the 
     authority of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out this title--
       (A) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, 
     administer such oaths; and
       (B) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, cables, E-mails, papers, 
     and documents, as the Commission or such designated 
     subcommittee or designated member may determine advisable.
       (2) Subpoena.--
       (A) Issuance.--Subpoenas issued under paragraph (1)(B) may 
     be issued under the signature of the chairperson of the 
     Commission, the Vice Chairperson of the Commission, the 
     chairperson of any subcommittee created by a majority of the 
     Commission, or any member designated by a majority of the 
     Commission, and may be served by any person designated by the 
     chairperson, subcommittee chairperson, or member.
       (B) Enforcement.--
       (i) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under paragraph (1)(B), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, may issue an order 
     requiring such person to appear at any designated place to 
     testify or to produce documentary or other evidence. Any 
     failure to obey the order of the court may be punished by the 
     court as a contempt of that court.
       (ii) Additional enforcement.--In the case of any failure of 
     any witness to comply with any subpoena or to testify when 
     summoned under authority of this section, the Commission may, 
     by majority vote, certify a statement of fact constituting 
     such failure to the appropriate United States attorney, who 
     may bring the matter before the grand jury for its action, 
     under the same statutory authority and procedures as if the 
     United States attorney had received a certification under 
     sections 102 through 104 of the Revised Statutes of the 
     United States (2 U.S.C. 192 through 194).
       (b) Closed Meetings.--
       (1) In general.--Meetings of the Commission may be closed 
     to the public under section 10(d) of the Federal Advisory 
     Committee Act (5 U.S.C. App.) or other applicable law.
       (2) Additional authority.--In addition to the authority 
     under paragraph (1), section 10(a)(1) and (3) of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to any 
     portion of a Commission meeting if the President determines 
     that such portion or portions of that meeting is likely to 
     disclose matters that could endanger national security. If 
     the President makes such determination, the requirements 
     relating to a determination under section 10(d) of that Act 
     shall apply.
       (c) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriation Acts, enter 
     into contracts to enable the Commission to discharge its 
     duties under this title.
       (d) Information From Federal Agencies.--The Commission is 
     authorized to secure directly from any executive department, 
     bureau, agency, board, commission, office, independent 
     establishment, or instrumentality of the Government 
     information, suggestions, estimates, and statistics for the 
     purposes of this title. Each department, bureau, agency, 
     board, commission, office, independent establishment, or 
     instrumentality shall, to the extent authorized by law, 
     furnish such information, suggestions, estimates, and 
     statistics directly to the Commission, upon request made by 
     the chairperson, the chairperson of any subcommittee created 
     by a majority of the Commission, or any member designated by 
     a majority of the Commission.
       (e) Assistance From Federal Agencies.--
       (1) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the Commission's functions.
       (2) Other department and agencies.--In addition to the 
     assistance prescribed in paragraph (1), departments and 
     agencies of the United States are authorized to provide to 
     the Commission such services, funds, facilities, staff, and 
     other support services as they may determine advisable and as 
     may be authorized by law.
       (f) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (g) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the United States.

     SEC. 107. STAFF OF THE COMMISSION.

       (a) In General.--
       (1) Appointment and compensation.--The chairperson and vice 
     chairperson, in accordance with rules agreed upon by the 
     Commission, may appoint and fix the compensation of a staff 
     director and such other personnel as may be necessary to 
     enable the Commission to carry out its functions, without 
     regard to the provisions of title 5, United States Code, 
     governing appointments in the competitive service, and 
     without regard to the provisions of chapter 51 and subchapter 
     III of chapter 53 of such title relating to classification 
     and General Schedule pay rates, except that no rate of pay 
     fixed under this subsection may exceed the equivalent of that 
     payable for a position at level V of the Executive Schedule 
     under section 5316 of title 5, United States Code.
       (2) Personnel as federal employees.--
       (A) In general.--The executive director and any personnel 
     of the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (B) Members of commission.--Subparagraph (A) shall not be 
     construed to apply to members of the Commission.
       (b) Detailees.--Any Federal Government employee may be 
     detailed to the Commission without reimbursement from the 
     Commission, and such detailee shall retain the rights, 
     status, and privileges of his or her regular employment 
     without interruption.
       (c) Consultant Services.--Thje Commission is authorized to 
     procure the services of experts and consultants in accordance 
     with section 3109 of title 5, United States Code, but at 
     rates not to exceed the daily rate paid a person occupying a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.

     SEC. 108. COMPENSATION AND TRAVEL EXPENSES.

       (a) Compensation.--Each member of the Commission may be 
     compensated at not to

[[Page S9508]]

     exceed the daily equivalent of the annual rate of basic pay 
     in effect for a position at level IV of the Executive 
     Schedule under section 5315 of title 5, United States Code, 
     for each day during which that member is engaged in the 
     actual performance of the duties of the Commission.
       (b) Travel Expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703(b) 
     of title 5, United Stats Code.

     SEC. 109. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND 
                   STAFF.

       The appropriate. executive departments and agencies shall 
     cooperate with the Commission in expeditiously providing to 
     the Commission members and staff appropriate security 
     clearance in a manner consistent with existing procedures and 
     requirements, except that no person shall be provided with 
     access to classified information under this section who would 
     not otherwise qualify for such security clearance.

     SEC. 110. REPORT OF THE COMMISSION; TERMINATION.

       (a) Report.--Not later than nine months after the date of 
     the first meeting of the Commission, the Commission shall 
     submit to the President and Congress a report containing such 
     findings, conclusions, and recommendations for corrective 
     measures as have been agreed to by a majority of Commission 
     members.
       (b) Termination.--
       (1) In general.--The Commission, and all the authorities of 
     this title, shall terminate 60 days after the date on which 
     the report is submitted under subsection (a).
       (2) Administrative activities before termination.--The 
     Commission may use the 60-day period referred to in paragraph 
     (1) for the purpose of concluding its activities, including 
     providing testimony to committees of Congress concerning its 
     reports and disseminating the second report.

     SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Commission 
     to carry out this title $5,000,000, to remain available until 
     expended.

                          ____________________