[Congressional Record Volume 149, Number 144 (Wednesday, October 15, 2003)]
[Senate]
[Pages S12574-S12579]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR IRAQ AND AFGHANISTAN SECURITY 
                      AND RECONSTRUCTION ACT, 2004

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume consideration of S. 1689, which the clerk will report.
  The assistant legislative clerk read as follows:

       A 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.

  Pending:

       Byrd amendment No. 1818, to impose a limitation on the use 
     of sums appropriated for the Iraq Relief and Reconstruction 
     Fund.
       Byrd/Durbin amendment No. 1819, to prohibit the use of Iraq 
     Relief and Reconstruction Funds for low-priority activities 
     that should not be the responsibility of U.S. taxpayers, and 
     shift $600 million from the Iraq Relief and Reconstruction 
     Fund to Defense Operations and Maintenance, Army, for 
     significantly improving efforts to secure and destroy 
     conventional weapons, such as bombs, bomb materials, small 
     arms, rocket propelled grenades, and shoulder-launched 
     missiles, in Iraq.
       Bond/Mikulski amendment No. 1825, to provide additional VA 
     Medical Care Funds for the Department of Veterans Affairs.
       Reid/Lincoln amendment No. 1835, to permit retired members 
     of the Armed Forces who have a service-connected disability 
     to receive both military retired pay by reason of their years 
     of military service and disability compensation from the 
     Department of Veterans Affairs for their disability.
       Reid amendment No. 1836, to express the sense of Congress 
     on damages caused by the regime of Saddam Hussein during the 
     first gulf war.
       Corzine/Durbin amendment No. 1811, to amend title 10, 
     United States Code, to reduce the age for receipt of military 
     retired pay for nonregular service from 60 to 55.
       Durbin amendment No. 1837, to ensure that a Federal 
     employee who takes leave without pay in order to perform 
     certain service as a member of the uniformed services or 
     member of the National Guard shall continue to receive pay in 
     an amount which, when taken together with the pay and 
     allowances such individual is receiving for such service, 
     will be no less than the basic pay such individual would then 
     be receiving if no interruption in employment had occurred.
       Reed/Hagel amendment No. 1834, to increase the end strength 
     of the Army and to structure the additional forces for 
     constabulary duty.


                           Amendment No. 1811

  The PRESIDING OFFICER. Under the previous order, there will be 4 
minutes equally divided prior to a vote in relation to the Corzine 
amendment No. 1811.
  Who seeks recognition?
  The Senator from New Jersey.
  Mr. CORZINE. Thank you, Mr. President.
  Mr. President, this amendment I have offered, along with Senators 
Lautenberg and Durbin, would reduce the retirement age for members of 
the National Guard and Reserve from 60 to 55. This change would allow 
an estimated 92,000 reservists currently age 55 to 59 to retire with 
full benefits, honoring their service and respecting the drastic

[[Page S12575]]

demands we put on them in the post-cold-war era and the age of 
terrorism.
  As we reflect on the demands placed on our soldiers in Iraq and other 
parts of our world because of terrorism, particularly our reservists--
roughly 20,000 are in the theater--it is time we actually make this 
important change in the benefits that our reservists and guards 
receive.
  This chart shows how we were deployed in 1992. We had 1 million total 
man-days per year from reservists and guards. It jumped to 13 million 
in 2001. It was 41 million in 2002. It will be up again in 2003. We are 
using our reservists dramatically differently than in previous years. 
It is time to recognize that and make sure they are treated 
appropriately.
  This request is at the top of the requests of the Reserve Officers 
Association, Veterans of Foreign Wars, Air Force Sergeants Association, 
American Legion, a variety of folks. It will make a difference in 
making sure our people want to continue their career as reservists and 
guards. It will potentially reduce the cost of declining enlistment and 
retention forces, promote an overall package of incentives to meet 
recruiting and retention goals. It will make a difference in our 
people's lives.
  We need to move forward on this parity between reserve and civilian 
retirement age. I hope my colleagues will join in supporting this 
important amendment.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. FEINGOLD. Mr. President, I share the Senator's concerns that 
National Guard and Reserves troops are not being treated equitably when 
it comes to retirement benefits. This is particularly unfortunate at a 
time when we are relying more than ever on these brave men and women. 
The retirement rules need to be changed.
  While I agree with this amendment in principle, I regret that I 
cannot support it at this time because of its large budgetary impact. 
With our Federal deficit spiraling out of control, we need to make sure 
that we offset--i.e., pay for--large spending measures. Unfortunately, 
this amendment does not contain an offset.
  We must also make sure that this important amendment, one with such a 
large fiscal impact, is thoroughly evaluated. The Congress has 
recognized the importance of the problem brought to our attention today 
by the distinguished Senator from New Jersey, Mr. Corzine, and has 
ordered that the issue be studied as part of a review of reserve 
compensation. We should allow for the completion of this study as part 
of our commitment to good stewardship of taxpayers' money.
  The Senator from New Jersey was right to bring this debate to the 
floor. The Guard and Reserves have been, and continue to be, heavily 
relied upon by our country, and we owe it to them to fully address the 
inequity in retirement rules. I look forward to working with my 
colleagues in the near future to fix this retirement eligibility issue.
  Mr. STEVENS. Again, I apologize to the Senator from New Jersey. Our 
position on this amendment is it is an amendment that should not be 
brought up in connection with an appropriations bill when changing the 
reserve compensation system in a very drastic way. As a matter of fact, 
CBO scored this provision as follows for mandatory/direct: First year 
spending at $1.486 billion; the 5-year cost, $8.349 billion; and the 
10-year cost, $16.466 billion.
  Both the House and the Senate have passed a provision that requires a 
study of this compensation, in part to determine whether retirement 
systems should be changed in view of the modern requirements and in 
view of the total force of the United States. The requirement to wait 
until age 60 to collect reserve pay has long been in effect and there 
is no basis right now to claim that any reservists who stay for a 
career have been misled about the level or timing of the compensation 
they receive. However, it is a matter of fact that we all want to have 
this changed. Any changes to the Guard and Reserve retirement benefits 
need to be assessed for the long term, not just in relationship to the 
current deployment.
  I am constrained to point out that the pending amendment 1811 offered 
by the Senator from New Jersey, Mr. Corzine, increases spending by $2.3 
billion in the fiscal year 2004. This additional spending would cause 
the underlying bill to exceed the Defense subcommittee's section 302(b) 
allocation. Therefore, I raise a point of order against the amendment 
pursuant to section 302(f) of the Budget Act.
  The PRESIDING OFFICER. The Senator from New Jersey.
  Mr. CORZINE. Mr. President, pursuant to section 904 of the Budget Act 
of 1974, I move to waive the applicable sections of the act for 
purposes of the pending amendment and I ask for the yeas and nays.
  The PRESIDING OFFICER (Mr. Burns). Is there a sufficient second? 
There is a sufficient second.
  The question is on agreeing to the motion. The clerk will call the 
roll.
  The assistant legislative clerk called the roll.
  Mr. McCONNELL. I announce that the Senator from Illinois (Mr. 
Fitzgerald) is necessarily absent.
  Mr. REID. I announce that the Senator from North Carolina (Mr. 
Edwards), the Senator from Massachusetts (Mr. Kerry), and the Senator 
from Connecticut (Mr. Lieberman) are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Massachusetts (Mr. Kerry) would vote ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 47, nays 49, as follows:

                      [Rollcall Vote No. 381 Leg.]

                                YEAS--47

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Carper
     Clinton
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Feinstein
     Graham (FL)
     Grassley
     Harkin
     Hollings
     Hutchison
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Smith
     Snowe
     Stabenow
     Wyden

                                NAYS--49

     Alexander
     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Chambliss
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Craig
     Crapo
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Feingold
     Frist
     Graham (SC)
     Gregg
     Hagel
     Hatch
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Specter
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner

                             NOT VOTING--4

     Edwards
     Fitzgerald
     Kerry
     Lieberman
  The PRESIDING OFFICER (Mr. Graham of South Carolina). On this vote, 
the yeas are 47, the nays are 49. Three-fifths of the Senators duly 
chosen and sworn not having voted in the affirmative, the motion is 
rejected. The point of order is sustained, and the amendment falls.
  Mr. STEVENS. Mr. President, I move to reconsider the vote, and I move 
to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. STEVENS. Mr. President, may I have the attention of the Senate 
for a moment. There is another scheduled amendment to be voted on right 
now. I ask Members of this side who have not come forward and offered 
their amendments--we have a series of amendments filed by Republican 
Members: Senators Hutchison, Specter, and Graham. We have notice that 
two or three other Senators--Senator Warner and Senator Brownback--have 
potential amendments. We have heard from the other side with amendments 
so far. We agree we should consider amendments offered on this side if 
anyone is ready to offer an amendment.
  I urge during this vote that Members consult with me and the staff to 
see what amendments they are willing to raise now. We are still 
committed to finishing this bill, and my colleagues are going to have 
to raise them sometime, so I hope they will consider raising them now.
  Regular order, Mr. President.
  Mr. REID. Mr. President, will the Chair indicate how long the last 
vote took?
  The PRESIDING OFFICER. Thirty-eight minutes.
  Mr. REID. Mr. President, I say to everyone here, we are trying to 
finish the

[[Page S12576]]

bill this week. Over the last several days, these votes have gone on 
and on. We cannot finish this bill if the votes take more than 20 
minutes. Everyone should be on notice. We have many amendments. This 
would have been an opportunity, during the extra 20 minutes on this 
amendment, for someone to have offered their amendment and then 
completed the vote on the next amendment. We cannot finish the bill if 
we continue having 38-minute votes.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. STEVENS. Mr. President, the Senator from Nevada is absolutely 
right. I recall the other day when a number of us were missing. The 
last person had not voted and I asked his assistant where the person 
was. They said he was at the airport. An hour and 40 minutes later, I 
said: What airport? They said: Philadelphia.
  The Member who just voted last was on the subway. I thought that was 
the subway of the Capitol. I apologize to the Senator.
  I put the Senate on notice that we will observe the 20 minutes. In 
fact, as we get through this bill toward this evening, I hope to have a 
series of stacked votes, with the first vote being 20 minutes and all 
thereafter being 10 minutes. We have to stop wasting time on the voting 
process and get this bill finished by Friday, as we will try to do.
  I thank the Chair and ask for the regular order.


                           Amendment No. 1834

  The PRESIDING OFFICER. Under the previous order, there are 7 minutes 
for debate in relation to the Reed amendment No. 1834, with 5 minutes 
under the control of the Senator from Rhode Island, Mr. Reed, and 2 
minutes under the control of the chairman prior to a vote on or in 
relation thereto.
  The Senator from Rhode Island is recognized for 5 minutes.
  Mr. REED. I thank the Chair.
  Mr. President, my amendment would raise the end strength of the U.S. 
Army by 10,000 soldiers. It is fully paid for this year through the 
Iraqi freedom fund.
  In the process of rebuilding Iraq, we have to be very careful not to 
demolish our Army. It is stretched thin across the globe, with 320,000 
soldiers in over 120 countries. They are serving us today. They will 
serve us tomorrow. They will do it with great distinction and fidelity 
to their service and to the country, but we have to make sure they have 
additional men and women to do the job.
  We are already beginning to see the cracks. In Iraq, there are 1 
million tons of ammunition that are not fully secured. Thousands of air 
defense shoulder-fired missiles are unaccounted because we simply do 
not have the troops to cover all the places.
  If we want more forces in Iraq, then we have to have more forces in 
our end strength. Even if you do not want more forces in Iraq, we have 
to have an end strength that will support our deployment policy, and we 
do not right now.
  This stress will show up in training opportunities missed, in 
retention and recruitment objectives missed, and a lack of flexibility 
to respond. It will be particularly important to our National Guard and 
Reserves because if we do not increase the Active Forces, the burden 
will fall more and more on Reserve Forces, and that burden over time is 
unsustainable.
  I urge all of my colleagues to support this measure to help the 
soldiers. If we do not pass this measure, the next time you see your 
Guard men and women and reservists, you can tell them their bag better 
be packed because they will be going again and again.
  I ask unanimous consent to add Senator Biden and Senator Nelson of 
Florida as cosponsors.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REED. Mr. President, I yield the remainder of my time to the 
Senator from Nebraska.
  The PRESIDING OFFICER. The Senator from Nebraska.
  Mr. HAGEL. Mr. President, I advise my colleagues to support Senator 
Reed's amendment. I rise to support the Reed amendment because, in 
fact, everything he has said about why it is important to enhance and 
enlarge our force structure is exactly right. Force structures are not 
developed over a year, 2, 3, or 4. Force structures are developed over 
a long period of time.
  When we are looking at 125,000 activated National Guard and Army 
Reserve units now, and probably more to be activated, we cannot sustain 
that kind of activity for the long term. That means we are going to 
have to face up to reality--what the Senator from Rhode Island is 
talking about--and that is enlarge that force structure.
  Currently in Afghanistan, Iraq, and the Balkans, almost in the entire 
military police force, our civil affairs force is made up of National 
Guard and Army Reserves. We cannot sustain that situation. We need more 
light infantry; we need more special forces; and we cannot do this on 
the cheap. As the President of the United States has said, this is a 
long-term commitment, not just in Afghanistan and Iraq, but the 
challenges that face us in the 21st century are new challenges, 
different kinds of challenges that will require different force 
structures. That means we cannot use just laser-guided munitions. 
Someone has to govern--nation building--exactly what we are doing in 
Afghanistan and Iraq.
  I know this is imperfect. This maybe is not the exact way to do this, 
but it is something this body, this Congress, this Nation needs to face 
up to, and they need to face up to it now.
  I hope my colleagues take a serious look at this amendment. As my 
colleague from Rhode Island said, this does not come out of the 
President's $87 billion package.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. STEVENS. Mr. President, current law allows the services to exceed 
end strength by 3 percent. Currently, there are about 9,000 soldiers 
who already exceed the end strength. They have another 5,000 that they 
can increase. This will take money from the amount they need. I 
strongly understand the Senator's request, as well as Senator Hagel, 
but I would like to yield 45 seconds to Senator McCain and 25 seconds 
to Senator Sessions and then be recognized to make a motion to table.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Mr. President, I share the view of the Senator from Rhode 
Island and the Senator from Nebraska that we need more troops in the 
military. We have authorized that in the Defense authorization bill. I 
agree that there are specific needs in Iraq and our Guard and Reserves 
are overstressed. I believe this is not the appropriate vehicle. I 
believe it is an earmark of the $87 billion, and at this juncture it 
would take away from the flexibility that is necessary for the spending 
of this money. I hope we could address this issue in the fashion which 
it deserves both in Defense authorization and Defense appropriations 
bills.
  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. SESSIONS. Mr. President, I have given a lot of thought to this, 
and I believe that we should not pass the Reed amendment at this time. 
I have spoken with General Schoomaker, Chief of Staff of the Army on 
this subject. He says: Give me time to study what we need, to study 
transformation, to review our MOS structure, and then I will make a 
recommendation. General Abizaid also clearly says that we do not need 
more troops in Iraq. We are beginning to reduce our troop presence in 
Iraq. We are presently at 138,000 down from 250,000.
  CBO has said increasing our end-strength is not an answer to current 
stress. It will take 2 years to get the troops proposed in this 
amendment trained and fielded. I urge us not to go forward with this 
amendment.
  The PRESIDING OFFICER. The Senator from Rhode Island.
  Mr. REED. Mr. President, the Army has 501,000 soldiers serving on 
active duty. Not only is this above the authorized end strength of 
480,000, it is also above the 3 percent variance rate. The Army 
desperately needs troops, and we can provide them these troops today. 
This is funded through the Iraqi freedom fund, a $1.9 billion 
unrestricted account that the Secretary of Defense has. In fact, as I 
understand it, the Secretary of Defense could turn around tomorrow and 
use this money for these troops. We can do it today. We should do it 
today. We cannot stand these stresses much longer. We can give General 
Schoomaker more time, but the troops that are today in Afghanistan, in 
Iraq, and around the globe need to know that we are going

[[Page S12577]]

to send them the reinforcements they need through the active services.
  I yield my time.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. STEVENS. Mr. President, it will take 3 to 5 years to train those 
additional soldiers. I do not know from where the Senator is getting 
his information. I get mine in writing from the Department of Defense, 
and I stated the figures as we understand them. We do not need any more 
troops. General Abizaid testified he has troops he does not need, and 
he is going to start bringing some home.
  I move to table the amendment and ask for the yeas and nays.
  The PRESIDING OFFICER. The sponsor of the amendment still has 25 
seconds. Does the sponsor of the amendment yield time?
  Mr. REID. I will yield back his time.
  The PRESIDING OFFICER. Without objection, it is so ordered. The time 
is yielded back.
  The yeas and nays have been requested. Is there a sufficient second? 
There appears to be a sufficient second.
  The question is on agreeing to the motion to table amendment No. 
1834. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. REID. I announce that the Senator from North Carolina (Mr. 
Edwards), the Senator from Massachusetts (Mr. Kerry), and the Senator 
from Connecticut (Mr. Lieberman) are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Massachusetts (Mr. Kerry) would vote ``nay.''
  The PRESIDING OFFICER (Ms. Murkowski). Are there any other Senators 
in the Chamber desiring to vote?
  The result was announced--yeas 45, nays 52, as follows:

                      [Rollcall Vote No. 382 Leg.]

                                YEAS--45

     Alexander
     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chambliss
     Cochran
     Coleman
     Collins
     Cornyn
     Craig
     Crapo
     Dole
     Domenici
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hatch
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Specter
     Sununu
     Thomas
     Warner

                                NAYS--52

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Carper
     Chafee
     Clinton
     Conrad
     Corzine
     Daschle
     Dayton
     DeWine
     Dodd
     Dorgan
     Durbin
     Graham (FL)
     Hagel
     Harkin
     Hollings
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Snowe
     Stabenow
     Stevens
     Talent
     Voinovich
     Wyden

                             NOT VOTING--3

     Edwards
     Kerry
     Lieberman
  The motion was rejected.
  The PRESIDING OFFICER. The Senator from Louisiana.


                             Change of Vote

  Ms. LANDRIEU. On rollcall vote 382, I voted yea. It was my intention 
to vote nay. Therefore, I ask unanimous consent that I be permitted to 
change my vote since this will not affect the outcome.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The foregoing tally has been changed to reflect the above order.)
  Mr. STEVENS. Madam President, I enter a motion to reconsider.
  The PRESIDING OFFICER. The motion is entered.
  Mr. STEVENS. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will----
  Mr. REID. Will the Senator withhold that request?
  The PRESIDING OFFICER. Will the Senator withhold?
  Mr. STEVENS. Yes.


                      Amendment No. 1835 Withdrawn

  Mr. REID. Madam President, I ask unanimous consent that amendment No. 
1835 be withdrawn.
  Mr. STEVENS. There is no objection.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 1838

  Mr. REID. Madam President, I ask unanimous consent that the pending 
amendment be set aside, and I send an amendment to the desk on behalf 
of Senators Reid, McCain, and Lincoln.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid], for himself, Mr. 
     McCain, and Mrs. Lincoln, proposes an amendment numbered 
     1838.

  The amendment is as follows:

  (Purpose: To permit retired members of the Armed Forces who have a 
 service-connected disability to receive both military retired pay by 
 reason of their years of military service and disability compensation 
     from the Department of Veterans Affairs for their disability)

       At the end of title I, add the following:
       Sec. 316. (a) Restoration of Full Retired Pay Benefits.--
     Section 1414 of title 10, United States Code, is amended to 
     read as follows:

     ``Sec. 1414. Members eligible for retired pay who have 
       service-connected disabilities: payment of retired pay and 
       veterans' disability compensation

       ``(a) Payment of Both Retired Pay and Compensation.--Except 
     as provided in subsection (b), a member or former member of 
     the uniformed services who is entitled to retired pay (other 
     than as specified in subsection (c)) and who is also entitled 
     to veterans' disability compensation is entitled to be paid 
     both without regard to sections 5304 and 5305 of title 38.
       ``(b) Special Rule for Chapter 61 Career Retirees.--The 
     retired pay of a member retired under chapter 61 of this 
     title with 20 years or more of service otherwise creditable 
     under section 1405 of this title at the time of the member's 
     retirement is subject to reduction under sections 5304 and 
     5305 of title 38, but only to the extent that the amount of 
     the member's retired pay under chapter 61 of this title 
     exceeds the amount of retired pay to which the member would 
     have been entitled under any other provision of law based 
     upon the member's service in the uniformed services if the 
     member had not been retired under chapter 61 of this title.
       ``(c) Exception.--Subsection (a) does not apply to a member 
     retired under chapter 61 of this title with less than 20 
     years of service otherwise creditable under section 1405 of 
     this title at the time of the member's retirement.
       ``(d) Definitions.--In this section:
       ``(1) The term `retired pay' includes retainer pay, 
     emergency officers' retirement pay, and naval pension.
       ``(2) The term `veterans' disability compensation' has the 
     meaning given the term `compensation' in section 101(13) of 
     title 38.''.
       (b) Repeal of Special Compensation Programs.--Sections 1413 
     and 1413a of such title are repealed.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by striking the items 
     relating to sections 1413, 1413a, and 1414 and inserting the 
     following:

``1414. Members eligible for retired pay who have service-connected 
              disabilities: payment of retired pay and veterans' 
              disability compensation.''.

       (d) Effective Date; Prohibition on Retroactive Benefits.--
       (1) In general.--The amendments made by this section shall 
     take effect on the first day of the first month that begins 
     after the date of the enactment of this Act.
       (2) Retroactive benefits.--No benefits may be paid to any 
     person by reason of section 1414 of title 10, United States 
     Code, as amended by subsection (a), for any period before the 
     effective date under paragraph (1).

  Mr. REID. Madam President, if the Senator will allow me to state what 
I think is in the process of happening, the Senator from Nevada is 
going to take about 5 minutes, and the Senator from West Virginia would 
take the remainder of the time until 12:30. He is going to offer an 
amendment. Senator Byrd is going to offer an amendment, if that is 
appropriate with the manager.
  Mr. STEVENS. Will the amendment be called up at that time?
  Mr. REID. Yes. Senator Ensign would like to be recognized to speak 
for 5 minutes on his amendment, and Senator Byrd has an amendment. We 
understood, based on previous conversations, that the majority was 
going to offer amendments. We were of the impression there was no one 
here to offer one before 12:30, other than the Senator from Nevada, Mr. 
Ensign.
  Mr. STEVENS. Madam President, the Senator is correct, although we are 
working on that. As I understand it, does the Senator from Nevada 
expect to go to a vote right away?
  Mr. REID. Whenever the Senator wants to go to a vote. I know 
leadership wants a vote.
  Mr. STEVENS. We have two other Senators who are ready on this side.

[[Page S12578]]

Senator Warner and Senator Graham of South Carolina are ready to offer 
amendments on this side.
  Mr. REID. Senator Byrd was only doing this out of his normal 
courtesy. He had other things to do. He was willing to come here and do 
this at this time because we thought there was no one to offer an 
amendment on that side.
  Mr. STEVENS. Is the Senator's amendment already offered?
  Mr. REID. No. So if you have people here ready to go, I ask Senator 
Byrd, would that be OK that they go?
  Mr. BYRD. Sure.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. If I could take a minute, Madam President.
  I know this last vote was a close vote. There was some trouble in 
determining the final outcome of the vote. But I do say this, speaking 
for me and for the Democratic leader, we are doing our best to 
cooperate, but things are not going very quickly here, and I am not 
confident, at this stage, we can complete this bill. We want to. We 
have every intention of doing so. But, as I indicated a few minutes 
ago, when a vote takes 38 minutes and this one takes--how long has this 
vote taken, Madam President?
  The PRESIDING OFFICER. Twenty-eight minutes.
  Mr. REID. How long?
  The PRESIDING OFFICER. Twenty-eight minutes.
  Mr. REID. I think that speaks for itself. I hope we can move along 
more quickly. It is not anything that we are doing that is slowing this 
down. We have a number of Senators over here who wish to offer 
amendments. I know the majority has some. So I think tonight and 
tomorrow night could be very late nights.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. STEVENS. Madam President, I confess I was in another meeting when 
I got the word that the vote was not as I expected it. As manager of 
the bill, I am obligated to take the time to try to achieve the goal 
that has been set by the administration and by the majority. So I do 
apologize. But that was an extra amount of time needed to determine 
what tactic I should use to try to achieve the goal I think the Senator 
from Nevada would use if he were in my shoes. So we respect one 
another.
  He is right; we went over and we said, just minutes ago, we would 
not. But a contingency developed that I do not think I need to 
apologize for. I just need to explain.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Nevada.


                           Amendment No. 1839

  Mr. ENSIGN. Madam President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. Without objection, the pending amendments are 
set aside. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Nevada [Mr. Ensign] proposes an amendment 
     numbered 1839.

  Mr. ENSIGN. Madam President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To reduce the amount available for reconstruction in Iraq by 
     the amount that is used to repay bilateral debts owed by Iraq)

       On page 38, between lines 20 and 21, insert the following 
     new section:
       Sec. 2313. (a) Not later than April 30, 2004, the Secretary 
     of Defense shall submit a certification to Congress of the 
     amount that Iraq will pay, or that will be paid on behalf of 
     Iraq, during fiscal year 2004 to a foreign country to service 
     a debt incurred by Iraq during the regime of Saddam Hussein, 
     including any amount used for the payment of principal, 
     interest, or fees associated with such debt. Such 
     certification shall include--
       (1) the actual amount spent for such purpose during the 
     period from October 1, 2003 through March 31, 2004; and
       (2) the estimated amount that the Secretary reasonably 
     believes will be used for such purpose during the period from 
     April 1, 2004 through September 30, 2004.
       (b) On May 1, 2004, the Director of the Office of 
     Management and Budget shall administratively reserve, out of 
     the unobligated balance of the funds appropriated in this 
     title under the subheading ``Iraq Relief and Reconstruction 
     Fund'' under the heading ``OTHER BILATERAL ECONOMIC 
     ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT'', the amount 
     that is equal to the sum of the amount certified under 
     paragraph (1) of subsection (a) and the estimated amount 
     certified under paragraph (2) of such subsection. The amount 
     so reserved may not be obligated or expended on or after such 
     date.
       (c) The Director of the Office of Management and Budget 
     shall impose such restrictions and conditions as the Director 
     determines necessary to ensure that, in the apportionment of 
     amounts appropriated as described in subsection (b), the 
     balance of the total amount so appropriated that remains 
     unobligated on May 1, 2004, exceeds the amount that is to be 
     reserved under subsection (b).
       (d) It is the sense of Congress that each country that is 
     owed a debt by Iraq that was incurred during the regime of 
     Saddam Hussein should forgive such debt, including any amount 
     owed by Iraq for the principal, interest, and fees associated 
     with such debt.

  Mr. ENSIGN. Mr. President, we don't intend to stay in Iraq forever. 
And we don't intend to rebuild Iraq--that is a task for the Iraqi 
people.
  Our exit strategy--the way to get our troops home--is to make sure 
that Iraq's economy can produce sufficient revenue to pay for its own 
reconstruction--so Iraq is not dependent on International assistance.
  Our exit strategy is to help train Iraqi police, border patrol, and 
its armed forces and civil defense forces so Iraq is not dependent on 
foreign troops for its own security.
  The President's request is designed to help Iraqis get on a path to 
self-reliance, so U.S. forces can come home, and so the U.S. taxpayer 
does not have to foot the bill for Iraq's reconstruction.
  Unfortunately, it is going to be difficult to kick-start Iraq's 
economy--even with a generous U.S. aid package--because Iraq is saddled 
with an enormous amount of debt from Saddam Hussein's regime.
  For example, according to the White House, the bi-lateral debt owed 
by Iraq includes:
  $8.9 billion to Japan;
  $6.9 billion to Russia;
  $6 billion to France;
  $4.8 billion to Germany;
  $30-50 billion to Gulf countries;
  $8.2 billion to Kuwait;
  $18 billion to Non-Paris club countries like China, Korea, and 
Turkey.
  Mr. President, I realize that none of the funds appropriated by this 
bill may be used to service a debt that is owed by Saddam Hussein's 
regime. So I am not worried that any of the $20 billion the President 
has requested for Iraq will directly end up in the pockets of the 
French.
  But money is fungible. If we pass this bill, as it stands right now, 
a future Iraqi government could use new oil revenues to pay back France 
billions of dollars while accepting billions in U.S. foreign aid. After 
all, Iraq has already sold about $1.6 billion in oil exports since they 
resumed this summer.
  Americans are a generous people. We are willing to make sacrifices.
  But we are not going to spend our hard-earned tax dollars to bail out 
France--money France lent to Saddam Hussein.
  My amendment is simple. It reduces the amount available for 
reconstruction in Iraq by the amount that is used to repay bilateral 
debts owed by Iraq. So for every dollar that goes to a country like 
France, a dollar is subtracted from the U.S. foreign aid package.
  This is a commonsense way to make sure that U.S. funds are spent 
where they are needed--in Baghdad--instead of Paris, Moscow, or Berlin.
  Mr. McCONNELL. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. STEVENS. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. Madam President, I have examined the amendment offered 
by the Senator from Nevada and it has two basic requirements. One is a 
certification of the amount Iraq will pay or that will be paid on 
behalf of Iraq, during fiscal year 2004 to a foreign country to service 
a debt incurred by Iraq, including any amount used for the payment of 
principal, interest, et cetera. This deals with the amounts that were 
debts of the former regime of Iraq. It states:

       On May 1, 2004, the Director of the Office of Management 
     and Budget shall administratively reserve, out of the 
     unobligated balance of the funds in this title under the 
     subheading Iraq Relief and Reconstruction Fund

[[Page S12579]]

     . . . the amount that is equal to the sum of the amount 
     certified under paragraph (1). . . .

  Namely, it is the amount that has been used from any source to 
service the debt that Iraq owed under the Saddam Hussein regime.
  Madam President, we take the position there will be no such payment. 
In any event, we don't see any harm in finding out if there is such a 
payment and dealing with that subject accordingly. Therefore, I am 
prepared to state to the Senator from Nevada we have no objection to 
the amendment of the Senator under the circumstances right now, and I 
will rely upon the statement of the distinguished Senator from West 
Virginia to determine whether there is objection from his side of the 
aisle. It is not an amendment I really seek to have enacted. In all 
probability, it may be substantially changed in conference if it does 
survive. But it is not something that offends the process we are 
involved in now. We don't know of any payments that would be made by 
any country on behalf of the former regime of Saddam Hussein to deal 
with the debt that existed under that regime.
  Therefore, I will not oppose the amendment. I seek the advice of the 
Senator from West Virginia as to what they intend to do concerning this 
amendment. Does the Senator wish some additional time to consider this 
matter? Would he like to take the recess now and come back and deal 
with this after our weekly luncheon?
  Mr. BYRD. Madam President, it is my information that this side has 
not yet adequately followed this amendment and has not seen it until 
recently to the extent that we are prepared to accept it. It appears to 
be a good amendment, but we may or may not want to accept it. Will the 
Senator allow us a little time for further study?
  Mr. STEVENS. Yes. Madam President, I thank the Senator. I think the 
Senator will remember, as we wound up the session just prior to the 
recess, there were a series of amendments that were under 
consideration. Senator Ensign's was one of those. I think Members of 
our side checked with staff on the Senator's side, but we are probably 
not dealing with the right people. We had to pull the Ensign amendment 
at the last minute because we didn't have the clearance we thought we 
had.
  I suggest we just stand in recess now and address this matter when we 
come back after the scheduled recess.
  Mr. BYRD. I thank the Senator.

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