[Congressional Record Volume 149, Number 137 (Wednesday, October 1, 2003)]
[Senate]
[Pages S12300-S12302]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1794. Mr. BYRD proposed an amendment to the bill S. 1689, making 
emergency supplemental appropriations for Iraq and Afghanistan security 
and reconstruction for the fiscal year ending September 30, 2004, and 
for other purposes; as follows:

       On page 25, line 7, strike ``rehabilitation and 
     reconstruction in Iraq'' and all that follows through page 
     28, line 15 and insert ``in Iraq, $5,136,000,000, to remain 
     available until expended, for security, including public 
     safety requirements, national security and justice: Provided, 
     That these funds may be transferred to any Federal account 
     for any Federal government activity to accomplish the 
     purposes provided herein: Provided further, That 
     notwithstanding any provision of this chapter, none of the 
     funds appropriated under this heading may be made available 
     to enter into any contract or follow-on contract that uses 
     other than full and open competitive contracting procedures 
     as defined in 41 U.S.C. 403(6).''
                                 ______
                                 
  SA 1795. Mr. McCONNELL (for himself and Mr. Alexander) proposed an 
amendment to the bill S. 1689, making emergency supplemental 
appropriations for Iraq and Afghanistan security and reconstruction for 
the fiscal year ending September 30, 2004, and for other purposes; as 
follows:

       At the appropriate place, insert the following:

     SEC.    COMMENDING THE ARMED FORCES FOR EFFORTS IN OPERATION 
                   ENDURING FREEDOM AND OPERATION IRAQI FREEDOM.

       Recognizing and commending the members of the United States 
     Armed Forces and their leaders, and the allies of the United 
     States and their armed forces, who participated in Operation 
     Enduring Freedom in Afghanistan and Operation Iraqi Freedom 
     in Iraq and recognizing the continuing dedication of military 
     families and employers and defense civilians and contractors 
     and the countless communities and patriotic organizations 
     that lent their support to the Armed Forces during those 
     operations.
       Whereas the September 11, 2001, terrorist attacks on the 
     United States, which killed thousands of people from the 
     United States and other countries in New York, Virginia, and 
     Pennsylvania, inaugurated the Global War on Terrorism;
       Whereas the intelligence community quickly identified Al 
     Qaeda as a terrorist organization with global reach and the 
     President determined that United States national security 
     required the elimination of the Al Qaeda terrorist 
     organization;
       Whereas the Taliban regime of Afghanistan had long harbored 
     Al Qaeda, providing members of that organization a safe haven 
     from which to attack the United States and its friends and 
     allies, and the refusal of that regime to discontinue its 
     support for international terrorism and surrender Al Qaeda's 
     leaders to the United States made it a threat to 
     international peace and security;
       Whereas Saddam Hussein and his regime's longstanding 
     sponsorship of international terrorism, active pursuit of 
     weapons of mass destruction, use of such weapons against 
     Iraq's own citizens and neighboring countries, aggression 
     against Iraq's neighbors, and brutal repression of Iraq's 
     population made Saddam Hussein and his regime a threat to 
     international peace and security;
       Whereas the United States pursued sustained diplomatic, 
     political, and economic efforts to remove those threats 
     peacefully;
       Whereas on October 7, 2001, the Armed Forces of the United 
     States and its coalition allies launched military operations 
     in Afghanistan, designated as Operation Enduring Freedom, 
     that quickly caused the collapse of the Taliban regime, the 
     elimination of Afghanistan's terrorist infrastructure, and 
     the capture of significant and numerous members of Al Qaeda;
       Whereas on March 19, 2003, the Armed Forces of the United 
     States and its coalition allies launched military operations, 
     designated as Operation Iraqi Freedom, that quickly caused 
     the collapse of Saddam Hussein's regime, the elimination of 
     Iraq's terrorist infrastructure, the end of Iraq's illicit 
     and illegal programs to acquire weapons of mass 
     destruction, and the capture of significant international 
     terrorists;
       Whereas in those campaigns in the Global War on Terrorism, 
     as of September 27, 2003, nearly 165,000 members of the 
     United States Armed Forces, comprised of active, reserve, and 
     National Guard members and units, had mobilized for Operation 
     Enduring Freedom and Operation Iraqi Freedom;
       Whereas success in those two campaigns in the Global War on 
     Terrorism would not have been possible without the 
     dedication, courage, and service of the members of the United 
     States Armed Forces and the military and irregular forces of 
     the friends and allies of the United States;
       Whereas the support, love, and commitment from the families 
     of United States service personnel participating in those two 
     operations as well as that of the communities and patriotic 
     organizations which provided support through the United 
     Services Organization (USO), Operation Dear Abby, and 
     Operation UpLink, helped to sustain those service personnel 
     and enabled them to eliminate significant threats to United 
     States national security while liberating oppressed peoples 
     from dictatorial regimes;
       Whereas the civilian employees of the Department of 
     Defense, through their hard work an dedication, enabled 
     United States military forces to quickly and effectively 
     achieve the United States military missions in Afghanistan 
     and Iraq;
       Whereas the commitment of companies making their employees 
     available for military service, the creativity and initiative 
     of contractors equipping the Nation's Armed Forces with the 
     best and most modern equipment, and the ingenuity of service 
     companies assisting with the global overseas deployment of 
     the Armed Forces demonstrates that the entrepreneurial spirit 
     of the United States is an extraordinarily valuable defense 
     asset; and
       Whereas the Nation should pause to recognize with 
     appropriate tributes and days of remembrance the sacrifice of 
     those members of the Armed Forces who died or were wounded in 
     Operation Enduring Freedom and Operation Iraqi Freedom, as 
     well as all who served in or supported either of those 
     operations: Now, therefore, be it
       Therefore, the Senate
       (1) conveys its deepest sympathy and condolences to the 
     families and friends of the members of United States and 
     coalition forces who have been injured, wounded, or killed 
     during Operation Enduring Freedom and Operation Iraqi 
     Freedom;
       (2) commends President George W. Bush, Secretary of Defense 
     Donald H. Rumsfeld, and United States Central Command 
     Commander General Tommy Franks, Unites

[[Page S12301]]

     States Army, for their planning and execution of enormously 
     successful military campaigns in Operation Enduring Freedom 
     and Operation Iraqi Freedom;
       (3) expresses its highest commendation and most sincere 
     appreciation to the members of the United States Armed Forces 
     who participated in Operation Enduring Freedom and Operation 
     Iraqi Freedom;
       (4) commends the Department of Defense civilian employees 
     and the defense contractor personnel whose skills made 
     possible the equipping of the greatest Armed Force in the 
     annals of modern military endeavor;
       (5) supports the efforts of communities across the Nation--
       (A) to prepare appropriate homecoming ceremonies to honor 
     and welcome home the members of the Armed Forces 
     participating in Operation Enduring Freedom and Operation 
     Iraqi Freedom and to recognize their contributions to United 
     States homeland security and to the Global War on Terrorism; 
     and
       (B) to prepare appropriate ceremonies to commemorate with 
     tributes and days of remembrance the service and sacrifice of 
     those service members killed or wounded during those 
     operations;
       (6) expresses the deep gratitude of the Nation to the 21 
     steadfast allies in Operation Enduring Freedom and to the 49 
     coalition members in Operation Iraqi Freedom, especially the 
     United Kingdom, Australia, and Poland, whose forces, support, 
     and contributions were invaluable and unforgettable; and
       (7) recommits the United States to ensuring the safety of 
     the United States homeland, to preventing weapons of mass 
     destruction from reaching the hands of terrorists, and to 
     helping the people of Iraq and Afghanistan build free and 
     vibrant democratic societies.
                                 ______
                                 
  SA 1796. Mr. BIDEN (for himself, Mr. Kerry, Mr. Chafee, Mr. Corzine, 
Mrs. Feinstein, and Mr. Lautenberg) proposed an amendment to the bill 
S. 1689, making emergency supplemental appropriations for Iraq and 
Afghanistan security and reconstruction for the fiscal year ending 
September 30, 2004, and for other purposes; as follows:

       At the end of title III, add the following:
       Sec. ____. (a) Provision of Funds for Security and 
     Stabilization of Iraq Through Partial Suspension of 
     Reductions in Highest Income Tax Rate for Individual 
     Taxpayers.--Section 1 of the Internal Revenue Code of 1986 
     (relating to tax imposed) is amended by adding at the end the 
     following new subsection:
       ``(j) Provision of Funds for Security and Stabilization of 
     Iraq Through Partial Suspension of Reductions in Highest 
     Income Tax Rate.--
       ``(1) In general.--In the case of any taxable year 
     beginning in 2005, 2006, 2007, 2008, 2009, and 2010, the 35 
     percent rate of tax under subsections (a), (b), (c), and (d) 
     shall be adjusted to the percentage determined by the 
     Secretary to result in an increase in revenues into the 
     Treasury for all taxable years beginning in 2005, 2006, 2007, 
     2008, 2009, and 2010 equal to $87,000,000,000.
       ``(2) Adjustment of tables.--The Secretary shall adjust the 
     tables prescribed under subsection (f) to carry out this 
     subsection.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning in 2005.
                                 ______
                                 
  SA 1797. Mr. VOINOVICH (for himself and Mr. Lott) submitted an 
amendment intended to be proposed by him to the bill S. 1689, making 
emergency supplemental appropriations for Iraq and Afghanistan security 
and reconstruction for the fiscal year ending September 30, 2004, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 38, between lines 20 and 21, insert the following 
     new section:
       Sec. 2313. Not later than 120 days after the date of the 
     enactment of this Act, the President shall submit to Congress 
     a report on the efforts of the Government of the United 
     States to increase the resources contributed by foreign 
     countries and international organizations to the 
     reconstruction of Iraq and the feasibility of repayment of 
     funds contributed for infrastructure projects in Iraq. The 
     report shall include--
       (1) a description of efforts by the Government of the 
     United States to increase the resources contributed by 
     foreign countries and international organizations to the 
     reconstruction of Iraq;
       (2) an accounting of the funds contributed to assist in the 
     reconstruction of Iraq, disaggregated by donor;
       (3) an assessment of the effect that--
       (A) the bilateral debts incurred during the regime of 
     Saddam Hussein have on Iraq's ability to finance essential 
     programs to rebuild infrastructure and restore critical 
     public services, including health care and education, in 
     Iraq; and
       (B) forgiveness of such debts would have on the 
     reconstruction and long-term prosperity in Iraq;
       (4) a description of any commitment by a foreign country or 
     international organization to forgive any part of a debt owed 
     by Iraq if such debt was incurred during the regime of Saddam 
     Hussein; and
       (5) an assessment of the feasibility of repayment by Iraq 
     of any of the funds contributed by the United States to 
     finance infrastructure projects in Iraq.
                                 ______
                                 
  SA 1798. Mrs. HUTCHISON (for herself, Mr. Graham of South Carolina, 
Ms. Collins, Mr. Craig, and Mr. Chambliss) submitted an amendment 
intended to be proposed by her to the bill S. 1689, making emergency 
supplemental appropriations for Iraq and Afghanistan security and 
reconstruction for the fiscal year ending September 30, 2004, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 38, between lines 20 and 21, insert the following 
     new title:

               TITLE III--IRAQ RECONSTRUCTION TRUST FUND

     SEC. 3001. SHORT TITLE.

       This title may be cited as the ``Iraq Reconstruction Trust 
     Fund Act''.

     SEC. 3002. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations and the Committee on Appropriations of 
     the Senate and the Committee on International Relations and 
     the Committee on Appropriations of the House of 
     Representatives.
       (2) Board of trustees.--The term ``Board of Trustees'' 
     means the Board of Trustees of the Trust Fund referred to in 
     section 3004(b)(1).
       (3) Coalition provisional authority.--The term ``Coalition 
     Provisional Authority'' means the entity charged by the 
     President with directing reconstruction efforts in Iraq.
       (4) Comptroller.--The term ``Comptroller'' means the 
     Comptroller General of the United States.
       (5) Governing council in iraq.--The term ``Governing 
     Council in Iraq'' means the Governing Council established in 
     Iraq on July 13, 2003, or any successor governing authority 
     in Iraq.
       (6) Purposes of the trust fund.--The term ``purposes of the 
     Trust Fund'' means the purposes set out in section 3004(a).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury.
       (8) Trust fund.--The term ``Trust Fund'' means the Iraq 
     Reconstruction Trust Fund referred to in section 3003.
       (9) World bank.--The term ``World Bank'' means the 
     International Bank for Reconstruction and Development.

     SEC. 3003. LIMITATION OF USE OF FUNDS.

       Of the funds appropriated in title II under the subheading 
     ``Iraq Relief and Reconstruction Fund'' under the heading 
     ``OTHER BILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO 
     THE PRESIDENT'' other than amounts appropriated under such 
     subheading for security and for refugees, human rights, 
     democracy, and civil society, $10,000,000,000 may not be 
     obligated or expended before the Secretary negotiates with 
     the World Bank, in consultation with the Coalition 
     Provisional Authority, the member nations of the World Bank, 
     and other interested parties, for the establishment within 
     the World Bank of--
       (1) the Iraq Reconstruction Trust Fund in accordance with 
     the provisions of this title; and
       (2) the Advisory Board to the Trust Fund in accordance with 
     section 3007.

     SEC. 3004. DESCRIPTION OF THE TRUST FUND.

       (a) Purposes.--The purposes of the Trust Fund shall be to 
     use contributed funds to--
       (1) assist in restoration of infrastructure and essential 
     services in Iraq;
       (2) assist in the creation of civil society in Iraq; and
       (3) ensure a secure environment for the people of Iraq.
       (b) Board of Trustees.--
       (1) In general.--
       (A) Composition.--The Trust Fund shall be governed by a 
     Board of Trustees, which shall be composed of--
       (i) 1 representative from the United States; and
       (ii) 1 representative of each of the 5 countries, other 
     than the United States, that provide the highest amount of 
     money to the Trust Fund.
       (B) Qualifications.--Individuals appointed to such Board 
     shall have demonstrated knowledge and experience that will 
     assist in the carrying out of the purposes of the Trust Fund.
       (2) United states representation.--
       (A) In general.--Upon the effective date of this paragraph, 
     there shall be a United States member of the Board of 
     Trustees, who shall be appointed by the President, and who 
     shall have the knowledge and experience described in 
     paragraph (1).
       (B) Effective date.--This paragraph shall take effect on 
     the date the Secretary certifies to Congress that an 
     agreement establishing the Trust Fund and providing for a 
     United States member of the Board of Trustees is in effect.
       (C) Termination date.--The position established by 
     subparagraph (A) is abolished upon the date of termination of 
     the Trust Fund.
       (3) Consultation.--The Board of Trustees shall consult with 
     the Coalition Provisional Authority in carrying out the 
     purposes set out in subsection (a).
       (c) Appointment of an Administrator.--The Board of 
     Trustees, in consultation with

[[Page S12302]]

     the appropriate officials of the World Bank, shall appoint an 
     Administrator who is responsible for managing the day-to-day 
     operations of the Trust Fund.
       (d) Termination of the Trust Fund.--
       (1) In general.--As part of the negotiations required by 
     section 3003, the Secretary shall negotiate with the World 
     Bank to establish conditions under which the Trust Fund will 
     be terminated.
       (2) Repayment of contributions.--Upon the termination of 
     the Trust Fund, any amounts contributed to the Fund that have 
     not been expended shall be returned to the countries that 
     contributed funds to the Trust Fund, on a pro rata basis.

     SEC. 3005. USE OF FUNDS.

       (a) Loans and Loan Guarantees.--In carrying out the 
     purposes set out in section 3004(a), the Board of Trustees 
     shall use the Trust Fund to provide loans and loan guarantees 
     to eligible entities under terms that will facilitate 
     economic development in Iraq.
       (b) Eligible Entity.--The Board of Trustees shall determine 
     if an entity is eligible to receive a loan or a loan 
     guarantee from the Trust Fund.
       (c) Activities Supported.--The funds in the Trust Fund 
     shall be used to provide loans and loan guarantees that carry 
     out the purposes of the Trust Fund, including projects to--
       (1) create or repair infrastructure to--
       (A) produce and distribute electricity;
       (B) extract, refine, and distribute oil;
       (C) provide drinking water;
       (D) treat and dispose of wastewater;
       (E) provide transportation; and
       (F) facilitate communications;
       (2) promote public health;
       (3) provide housing;
       (4) ensure public safety; and
       (5) develop a private sector economy.

     SEC. 3006. CONTRIBUTIONS AND ACCOUNTABILITY.

       (a) Authority To Solicit and Accept Contributions.--The 
     Trust Fund shall be authorized to solicit and accept 
     contributions from governments, the private sector, and 
     nongovernmental entities of all kinds.
       (b) Accountability of Funds and Criteria for Programs.--The 
     Secretary shall, consistent with subsection (c)--
       (1) take such actions as are necessary to ensure that 
     adequate procedures and standards are in place to account for 
     and monitor the use of funds contributed to the Trust Fund, 
     including the cost of administering the Trust Fund; and
       (2) seek agreement with the World Bank on the criteria to 
     be used to determine the programs and activities to be 
     assisted by the Trust Fund.
       (c) Selection of Projects and Recipients.--The Board of 
     Trustees shall establish--
       (1) criteria for the selection of projects to receive 
     support from the Trust Fund;
       (2) standards and criteria regarding qualifications of 
     recipients of such support;
       (3) such rules and procedures as may be necessary for cost-
     effective management of the Trust Fund; and
       (4) such rules and procedures as may be necessary to ensure 
     transparency and accountability in the process of making 
     loans and loan guarantees.
       (d) Transparency of operations.--The Board of Trustees 
     shall ensure full and prompt public disclosure of the 
     proposed objectives, financial organization, and operations 
     of the Trust Fund.
       (e) Access to Records.--The Comptroller or any duly 
     authorized representatives of the Comptroller shall have 
     access to any books, documents, papers, and records of the 
     Trust Fund for the purpose of preparing the reports required 
     in section 3008(b).

     SEC. 3007. ADVISORY BOARD.

       (a) In General.--The Board of Trustees, in consultation 
     with the appropriate officials of the World Bank, shall 
     appoint an Advisory Board to the Trust Fund.
       (b) Appointments.--The members of the Advisory Board should 
     be drawn from--
       (1) a broad range of individuals with experience and 
     leadership in the fields of civil engineering, provision of 
     utilities, oil production, public works, transportation, and 
     communications;
       (2) representatives of relevant United Nations agencies and 
     nongovernmental organizations with on-the-ground experience 
     in Iraq or other countries in the Middle East; and
       (3) representatives of the Coalition Provisional Authority.
       (c) Responsibilities.--The Advisory Board shall provide 
     advice and guidance to the Board of Trustees on the 
     development and implementation of programs and projects to be 
     assisted by the Trust Fund and on leveraging donations to the 
     Trust Fund.
       (d) Prohibition on Payment of Compensation.--
       (1) In general.--Except for travel expenses (including per 
     diem in lieu of subsistence), no member of the Advisory Board 
     shall receive compensation for services performed as a member 
     of the Advisory Board.
       (2) United states representative.--Notwithstanding any 
     other provision of law (including an international 
     agreement), a representative of the United States on the 
     Advisory Board may not accept compensation for services 
     performed as a member of the Advisory Board, except that such 
     representative may accept travel expenses, including per diem 
     in lieu of subsistence, while away from the representative's 
     home or regular place of business in the performance of 
     services for the Advisory Board.

     SEC. 3008. REPORTS TO CONGRESS.

       (a) Annual Reports by Secretary.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter for the 
     duration of the Trust Fund, the Secretary shall submit to the 
     appropriate congressional committees a report on the Trust 
     Fund.
       (2) Report elements.--Each report required by paragraph (1) 
     shall include a description of--
       (A) the goals of the Trust Fund;
       (B) the programs, projects, and activities supported by the 
     Trust Fund;
       (C) private and governmental contributions to the Trust 
     Fund; and
       (D) the criteria that have been established that would be 
     used to determine the programs and activities to be assisted 
     by the Trust Fund.
       (b) GAO Report on Trust Fund Effectiveness.--Not later than 
     1 year after the date of the enactment of this Act, and 
     annually thereafter for the duration of the Trust Fund, the 
     Comptroller shall submit to the appropriate congressional 
     committees a report evaluating the effectiveness of the Trust 
     Fund, including--
       (1) the effectiveness of the programs, projects, and 
     activities described in subsection (a)(2)(B) in the 
     reconstruction in Iraq; and
       (2) an assessment of the merits of continued United States 
     financial contributions to the Trust Fund.

     SEC. 3009. AVAILABILITY OF FUNDS.

       (a) In General.--In addition to any other funds available 
     for multilateral or bilateral programs related to the 
     purposes of the Trust Fund, of the amounts appropriated in 
     title II under the subheading ``Iraq Relief and 
     Reconstruction Fund'' under the heading ``OTHER BILATERAL 
     ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT'', 
     other than amounts appropriated under such subheading for 
     security and for refugees, human rights, democracy, and civil 
     society, $10,000,000,000 shall be made available for the 
     fiscal year 2004 for contribution to the Trust Fund.
       (b) Matching Contributions.--Subject to the maximum amount 
     available for contribution to the Trust Fund under this Act, 
     the United States shall contribute to the Trust Fund out of 
     the additional amount made available under subsection (a), 
     the amount that equals the total amount contributed by 
     foreign countries to the Trust Fund during the 180-day period 
     that begins on the date of the enactment of this Act.
       (c) Transfer of Funds.--On the date that is 180 days after 
     the date of the enactment of this Act, any amount made 
     available for the Trust Fund under subsection (a) that 
     exceeds the amount required to be contributed to the Trust 
     Fund under subsection (b) shall cease to be available for 
     transfer to the Trust Fund and shall be transferred to an 
     account to be available to the Coalition Provisional 
     Authority for use as loans to, or to guarantee loans made by, 
     the Governing Council in Iraq.

     SEC. 3010. CERTIFICATION REQUIREMENT.

       Not later than 15 days prior to the initial obligation or 
     expenditure of funds appropriated pursuant to section 3009, 
     the Secretary shall certify to the appropriate congressional 
     committees that--
       (1) the Trust Fund has been created in accordance with the 
     provisions of this title; and
       (2) adequate procedures and standards have been established 
     to ensure accountability for and monitoring of the use of 
     funds contributed to the Trust Fund, including the cost of 
     administering the Trust Fund.
                                 ______
                                 
  SA 1799. Mr. COLEMAN (for himself, Mr. Dayton, Mr. Stevens, Mr. 
Dorgan, Mr. Kennedy, Mr. Johnson, Mr. Collins, Mr. Graham of South 
Carolina, and Mr. Enzi) submitted an amendment intended to be proposed 
by him to the bill S. 1689, making emergency supplemental 
appropriations for Iraq and Afghanistan security and reconstruction for 
the fiscal year ending September 30, 2004, and for others purposes; 
which was ordered to lie on the table; as follows:

       On page   , between lines    and   , insert the following:
       Sec.   . Of the funds in the Iraq Freedom Fund, such funds 
     as necessary shall be available for the reimbursement of the 
     cost of one round trip air fare incurred in fiscal year 2003 
     or 2004 by members of the United States Armed Forces only in 
     connection with the Department of Defense Rest and 
     Recuperation Leave Program for travel within the United 
     States while on leave from deployment overseas in support of 
     Operation Iraqi Freedom.

                          ____________________