[Congressional Record Volume 149, Number 145 (Thursday, October 16, 2003)]
[Senate]
[Pages S12749-S12754]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1860. Mr. HARKIN 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 28, line 15, insert before the period:
       : Provided further, That of the funds appropriated under 
     this heading, not less than $12,520,000 shall be used to 
     facilitate inter-ethnic and inter-religious dialogue, 
     conflict resolution activities, support rule of law programs, 
     and train Iraqi leaders in democratic principles
                                 ______
                                 
  SA 1861. Mr. DURBIN 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:

       At the end of title I, insert the following:
       Sec. 316. (a) Findings.--Congress makes the following 
     findings:
       (1) The Iraq Survey Group is charged with investigating the 
     weapons of mass destruction programs of Iraq.
       (2) The Special Advisor to the Director of Central 
     Intelligence for Strategy and Iraq heads the efforts of the 
     Iraq Survey Group.
       (b) Quarterly Reports on Status of Efforts of Iraq Survey 
     Group.--Not later than January 1, 2004, and every three 
     months thereafter through September 30, 2004, the Special 
     Advisor to the Director of Central Intelligence for Strategy 
     and Iraq shall submit to the appropriate committees of 
     Congress a comprehensive written report on the status of the 
     efforts of the Iraq Survey Group to account for the programs 
     of Iraq on weapons of mass destruction and related delivery 
     systems.
       (c) Form of Report.--Each report required by subsection (b) 
     shall be submitted in both classified and unclassified form.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the Senate; and
       (2) the Permanent Select Committee on Intelligence and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.
                                 ______
                                 
  SA 1862. Mr. HOLLINGS 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:

       Paragraph (1) of section 1314 of Public Law 108-11 is 
     amended by inserting ``through September 30, 2004,'' after 
     ``available'' the first place it appears.
                                 ______
                                 
  SA 1863. Mr. McCONNELL 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; as 
follows:

       On page 34, line 1, strike everything after ``proviso,'' 
     through ``Iraq''; on line 5, and insert in lieu thereof:

     striking the first proviso, and inserting in lieu thereof:

       Provided, That subject to the determination and 
     notification requirements of this section, exports are 
     authorized to Iraq of lethal military equipment designated by 
     the Secretary of State for use by a reconstituted (or 
     interim) Iraqi military, private security force, other 
     official Iraqi security forces or police forces, or forces 
     from other countries in Iraq that support United States 
     efforts in Iraq:
                                 ______
                                 
  SA 1864. Mr. DOMENICI (for himself, Mr. Bond, Mr. Bennett, Mr. Crapo, 
and Mr. Alexander) 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:

       Strike section 2309 and insert the following:
       Sec. 2309. (a) Initial Report on Relief and 
     Reconstruction.--Not later than 60

[[Page S12750]]

     days after the date of enactment of this Act, the President 
     shall submit to Congress a report on the United States 
     strategy for activities related to post-conflict security, 
     humanitarian assistance, governance, and reconstruction to be 
     undertaken as a result of Operation Iraqi Freedom. The report 
     shall include information on the following:
       (1) The distribution of duties and responsibilities 
     regarding such activities among the agencies of the United 
     States Government, including the Department of State, the 
     United States Agency for International Development, and the 
     Department of Defense.
       (2) A plan describing the roles and responsibilities of 
     foreign governments and international organizations, 
     including the United Nations, in carrying out such 
     activities.
       (3) A strategy for coordinating such activities among the 
     United States Government, foreign governments, and 
     international organizations, including the United Nations.
       (4) A strategy for distributing the responsibility for 
     paying costs associated with reconstruction activities in 
     Iraq among the United States Government, foreign governments, 
     and international organizations, including the United 
     Nations, and for actions to be taken by the President to 
     secure increased international participation in peacekeeping 
     and security efforts in Iraq.
       (5) A comprehensive strategy for completing the 
     reconstruction of Iraq, estimated timelines for the 
     completion of significant reconstruction milestones, and 
     estimates for Iraqi oil production.
       (b) Subsequent Reports on Relief and Reconstruction.--(1) 
     Not later than 60 days after the submittal of the report 
     required by subsection (a), and every 60 days thereafter 
     until all funds provided by this title are expended, the 
     President shall submit to Congress a report that includes 
     information as follows:
       (A) A list of all activities undertaken related to 
     reconstruction in Iraq, and a corresponding list of the funds 
     obligated in connection with such activities, during the 
     preceding 60 days.
       (B) A list of the significant activities related to 
     reconstruction in Iraq that the President anticipates 
     initiating during the ensuing 60-day period, including--
       (i) the estimated cost of carrying out the proposed 
     activities; and
       (ii) the source of the funds that will be used to pay such 
     costs.
       (C) Updated strategies, objectives, and timelines if 
     significant changes are proposed regarding matters included 
     in the report required under subsection (a), or in any 
     previous report under this subsection.
       (2) Each report under this subsection shall include 
     information on the following:
       (A) The expenditures for, and progress made toward, the 
     restoration of basic services in Iraq such as water, 
     electricity, sewer, oil infrastructure, a national police 
     force, an Iraqi army, and judicial systems.
       (B) The significant goals intended to be achieved by such 
     expenditures.
       (C) The progress made toward securing increased 
     international participation in peacekeeping efforts and in 
     the economic and political reconstruction of Iraq.
       (D) The progress made toward securing Iraqi borders.
       (E) The progress made toward securing self-government for 
     the Iraqi people and the establishment of a democratically 
     elected government.
       (F) The progress made in securing and eliminating munitions 
     caches, unexploded ordinance, and excess military equipment 
     in Iraq.
       (G) The measures taken to protect United States troops 
     serving in Iraq.
                                 ______
                                 
  SA 1865. Mr. STEVENS (for Mr. Hollings) 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:

       Paragraph (1) of section 1314 of Public Law 108-11 is 
     amended by inserting ``without fiscal year limitation'' after 
     ``available'' the first place it appears.
                                 ______
                                 
  SA 1866. Mr. STEVENS (for Mr. Durbin) 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 I, insert the following:
       Sec. 316. (a) Findings.--Congress makes the following 
     findings:
       (1) The Iraq Survey Group is charged with investigating the 
     weapons of mass destruction programs of Iraq.
       (2) The Special Advisor to the Director of Central 
     Intelligence for Strategy and Iraq heads the efforts of the 
     Iraq Survey Group.
       (b) Quarterly Reports on Status of Efforts of Iraq Survey 
     Group.--Not later than January 1, 2004, and every three 
     months thereafter through September 30, 2004, the Special 
     Advisor to the Director of Central Intelligence for Strategy 
     and Iraq shall submit to the appropriate committees of 
     Congress a comprehensive written report on the status of the 
     efforts of the Iraq Survey Group to account for the programs 
     of Iraq on weapons of mass destruction and related delivery 
     systems.
       (c) Form of Report.--Each report required by subsection (b) 
     shall be submitted in both classified and unclassified form.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the Senate; and
       (2) the Permanent Select Committee on Intelligence and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.
                                 ______
                                 
  SA 1867. Mr. WARNER (for himself, Mr. Allen, Mr. Sarbanes, Ms. 
Mikulski, Mrs. Dole, and Mr. Edwards) 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 39, between lines 2 and 3, insert the following:
       Sec. 3002. Notwithstanding any other provision of law, the 
     Federal share of the cost of any disaster relief payment made 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) for damage caused by 
     Hurricane Isabel shall be 90 percent.
       Sec. 3003. Of the funds appropriated by this Act, 
     $500,000,000 shall be available for repair or replacement of 
     Department of Defense and National Aeronautics and Space 
     Administration infrastructure damaged or destroyed by 
     Hurricane Isabel, related flooding, or other related natural 
     forces.
                                 ______
                                 
  SA 1868. Mr. LAUTENBERG (for himself, Mr. Schumer, and Mr. Corzine) 
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 38, between lines 20 and 21, insert the following:
       Sec. 2313. (a) Short Title.--This section may be cited as 
     the ``Ethics in Government Contracting Act of 2003''.
       (b) Prohibition on Contracts with Certain Entities.--None 
     of the funds appropriated or otherwise made available by this 
     title may be obligated or expended for any contract, any 
     financial agreement, or any other arrangement between the 
     United States and any entity that--
       (1) at the time of such obligation or expenditure, is 
     obligated under an agreement or otherwise to pay deferred 
     compensation to any individual who holds a position listed in 
     subsection (c); or
       (2) has issued to such an individual one or more options 
     for such individual to purchase a total of more than 1,000 
     shares of stock of such entity.
       (c) Covered Individuals.--The positions referred to in 
     subsection (b) are--
       (1) President;
       (2) Vice President;
       (3) Secretary of State;
       (4) Secretary of the Treasury;
       (5) Secretary of Defense;
       (6) Attorney General;
       (7) Secretary of the Interior;
       (8) Secretary of Agriculture;
       (9) Secretary of Commerce;
       (10) Secretary of Labor;
       (11) Secretary of Health and Human Services;
       (12) Secretary of Housing and Urban Development;
       (13) Secretary of Transportation;
       (14) Secretary of Energy;
       (15) Secretary of Education;
       (16) Secretary of Veterans Affairs;
       (17) Secretary of Homeland Security;
       (18) Director of the Office of Management and Budget;
       (19) United States Trade Representative;
       (20) Administrator of the Environmental Protection Agency;
       (21) Director of National Drug Control Policy; and
       (22) Assistant to the President and Chief of Staff.
       (d) Effective Date.--This section shall take effect 90 days 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 1869. Mr. REID (for himself and Mr. Daschle) 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; as follows:

       At the end of title II, add the following:
       Sec. 2313. None of the funds appropriated or otherwise made 
     available by this Act under the heading ``Iraq Relief and 
     Reconstruction Fund'', or under any other heading, may be 
     obligated or expended for the purpose of arming, training, or 
     employing individuals under the age of 18 years for the 
     Facilities Protection Service, or to carry out any function 
     similar to the functions performed by the Service, or for any 
     other security force.
                                 ______
                                 
  SA 1870. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill S. 1689, making emergency supplemental 
appropriations for Iraq and Afghanistan security

[[Page S12751]]

and reconstruction for the fiscal year ending September 30, 2004, and 
for other purposes; as follows:

       Sec.   . Section 1605 of title 28, United States Code is 
     amended by adding a new subsection (h) as follows:
       ``(h) Notwithstanding any provision of the Algiers Accords, 
     or any other international agreement, any United States 
     citizen held hostage during the period between 1979 and 1981, 
     and their spouses and children at the time, shall have a 
     claim for money damages against a foreign state for personal 
     injury that was caused by the Foreign State's act of torture 
     or hostage taking. Any provision in an international 
     agreement, including the Algiers Accords that purports to bar 
     such suit is abrogated. This subsection shall apply 
     retroactively to any cause of action cited in 28 U.S.C. 
     1605(a)(7)(A).
                                 ______
                                 
  SA 1871. Mr. BAYH (for himself, Mr. Nelson of Nebraska, Mr. Ensign, 
Ms. Collins, Ms. Snowe, Mr. Graham of South Carolina, Mr. Chambliss, 
Mrs. Clinton, Mr. Reid, and Mr. Dorgan) 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; as follows:

       On page 38, between lines 20 and 21, insert the following 
     new section:
       Sec. 2313. (a) Of the amounts appropriated under the 
     subheading ``Iraq Relief and Reconstruction Fund''--
       (1) the $5,136,000,000 allocated for security, including 
     public safety requirements, national security, and justice 
     shall be used to rebuild Iraq's security services;
       (2) $5,168,000,000 shall be available for the purposes, 
     other than security, set out under such subheading; and
       (3) $10,000,000,000 shall be available to the President to 
     use as loans to Iraq for the purposes, other than security, 
     set out under such subheading until the date on which the 
     President submits the certification described in subsection 
     (c).
       (b) The President shall submit a notification to Congress 
     if, of the amounts referred to in paragraphs (1) and (2) of 
     subsection (a), an amount in excess of $250,000,000 is used 
     for any single purpose in Iraq.
       (c)(1) The certification referred to in subsection (a)(3) 
     is a certification submitted to Congress by the President 
     stating that not less than 90 percent of the total amount of 
     the bilateral debt incurred by the regime of Saddam Hussein 
     has been forgiven by the countries owed such debt.
       (2) On the date that the President submits the 
     certification described in paragraph (1)--
       (A) the unobligated balance of the $10,000,000,000 referred 
     to in subsection (a)(3) may be obligated and expended with no 
     requirement that such amount be provided as loans to Iraq; 
     and
       (B) the President may waive repayment of any amount made as 
     a loan under subsection (a)(3) prior to such date.
       (d) The head of the Coalition Provisional Authority shall 
     ensure that the amounts appropriated under the subheading 
     ``Iraq Relief and Reconstruction Fund'', are expended, 
     whether by the United States or by the Governing Counsel in 
     Iraq, for the purposes set out under such subheading and in a 
     manner that the head of the Coalition Provisional Authority 
     does not find objectionable.
       (e) It is the sense of Congress that each country that is 
     owed bilateral debt by Iraq that was incurred by the regime 
     of Saddam Hussein should--
       (1) forgive such debt; and
       (2) provide robust amounts of reconstruction aid to Iraq 
     during the conference of donors scheduled to begin on October 
     23, 2003, in Madrid, Spain and during other conferences of 
     donors of foreign aid.
       (f) In this section:
       (1) The term ``amounts appropriated under the subheading 
     `Iraq Relief and Reconstruction Fund' '' means the amounts 
     appropriated by chapter 2 of this title under the subheading 
     ``Iraq Relief and Reconstruction Fund'' under the heading 
     ``OTHER BILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO 
     THE PRESIDENT''.
       (2) The term ``Coalition Provisional Authority'' means the 
     entity charged by the President with directing reconstruction 
     efforts in Iraq.
                                 ______
                                 
  SA 1872. Mr. SCHUMER (for himself, Mr. Daschle, Mr. Reid, Ms. 
Mikulski, Mr. Rockefeller, Mr. Leahy, Mr. Levin, Mr. Nelson of Florida, 
Mr. Kennedy, Mr. Durbin, Mr. Baucus, Mr. Harkin, Mr. Bayh, Mr. 
Hollings, Mr. Biden, Mr. Lautenberg, Mr. Sarbanes, Mr. Bingaman, Mr. 
Kerry, Mr. Wyden, Mr. Graham of Florida, Mrs. Boxer, Mr. Lieberman, 
Mrs. Feinstein, Mrs. Clinton, Mr. Johnson and Mr. Edwards) 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. __. SENSE OF CONGRESS CONCERNING THE APPOINTMENT OF A 
                   SPECIAL COUNSEL TO CONDUCT A FAIR, THOROUGH, 
                   AND INDEPENDENT INVESTIGATION INTO A NATIONAL 
                   SECURITY BREACH.

       (a) Findings.--Congress finds that--
       (1) the national security of the United States is dependent 
     on our intelligence operatives being able to operate 
     undercover and without fear of having their identities 
     disclosed;
       (2) recent reports have indicated that administration or 
     White House officials may have deliberately leaked the 
     identity of a covert CIA agent to the media;
       (3) the unauthorized disclosure of a covert intelligence 
     agent's identity is a Federal felony; and
       (4) the Attorney General has the power to appoint a special 
     counsel of integrity and stature who may conduct an 
     investigation into the leak without the appearance of any 
     conflict of interest.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Attorney General of the United States should appoint a 
     special counsel of the highest integrity and stature to 
     conduct a fair, independent, and thorough investigation of 
     the leak and ensure that all individuals found to be 
     responsible for this heinous deed are punished to the fullest 
     extent permitted by law.
                                 ______
                                 
  SA 1873. Mr. DURBIN (for himself, Mr. Leahy, Mr. Feingold, 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 appropriate place, insert the following:
       Sec. __. (a) Global HIV/AIDS Funding.--For necessary 
     expenses to carry out the provisions of the Foreign 
     Assistance Act of 1961 for the prevention, treatment, and 
     control of, and research on HIV/AIDS, in addition to funds 
     appropriated under the heading ''Global AIDS Initiative'' in 
     the Foreign Operations, Export Financing, and Related 
     Programs Act, 2004, $879,700,000 to remain available until 
     expended: Provided, That the funds appropriated by this 
     section shall be made available in accordance with the amount 
     authorized in accordance with sections 202(d)(1) and 
     202(d)(4) of Public Law 108-25.
       (b) Offset.--The total amount appropriated under title II 
     under the heading ``OTHER BILATERAL ECONOMIC ASSISTANCE--
     FUNDS APPROPRIATED TO THE PRESIDENT--Iraq Relief and 
     Reconstruction Fund'' (other than the amount appropriated for 
     Iraqi border enforcement and enhanced security communications 
     and the amount appropriated for the establishment of an Iraqi 
     national security force and Iraqi Defense Corps) shall be 
     reduced by $879,700,000.
       (c) Notification.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, the President shall consult with, and 
     provide a written report to, the appropriate committees of 
     Congress, concerning the amount by which each sector, 
     program, and activity is reduced pursuant to subsection (b).
       (2) Committee procedures.--The report submitted under 
     paragraph (1) shall be subject to the regular notification 
     procedures of the Committee on Appropriations of the Senate 
     and the Committee on Appropriations of the House of 
     Representatives.
                                 ______
                                 
  SA 1874. Mr. McCONNELL (for himself and Mr. Warner) 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:

     SEC.  . SHORT TITLE.

       Sec.  . (a) Findings.--Congress makes the following 
     findings:
       (1) That 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;
       (2) That 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;
       (3) That 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 their coalition partners;
       (4) That throughout the proud military history of our 
     nation, we have recognized our brave men and women of the 
     Armed Forces by awarding them service medals for personal 
     bravery and other leadership actions and for their service in 
     military operations abroad and for support operations at home 
     and abroad;
       (5) That historically the President has relied on senior 
     military officers to recommend the personal and theater 
     campaign

[[Page S12752]]

     medals and that, in keeping with these longstanding 
     traditions, the Joint Chiefs of Staff and the combatant 
     commanders, including General Tommy Franks, U.S. Army, former 
     Commander of the United States Central Command, recommended 
     the awards described below in recognition of the worldwide 
     nature of the current conflict;
       (6) That following the advice of his senior military and 
     civilian defense leaders, President Bush, by Executive Order 
     13289 on March 12, 2003, established the Global War on 
     Terrorism Expeditionary Medal to be awarded to service 
     members who serve in military operations to combat terrorism 
     on or after September 11, 2001, including, but not limited to 
     actions in Operations Enduring Freedom and Operation Iraqi 
     Freedom, in such locations as Afghanistan, Iraq, the Republic 
     of the Philippines, and elsewhere in Southwest Asia, in 
     recognition of the sacrifice and contributions military 
     members make in the global war on terrorism;
       (7) That eligibility for the Global War on Terrorism 
     Expeditionary Medal is predicated on deployment abroad for 30 
     days or more in support of Global War on Terrorism operations 
     on or after September 11, 2001;
       (8) That by the same Executive Order, the President 
     established the Global War on Terrorism Service Medical 
     recognizing duty in Operation Noble Eagle and the homeland 
     defense mission against further terrorist attacks, and which 
     recognizes duty in support of military operations performed 
     in areas that do not qualify for the Global War on Terrorism 
     Expeditionary Medal; and
       (9) That implementing regulations for eligibility have not 
     been issued by Secretary of Defense.
       (b) Sense of the Senate on the Award of Campaign Medal.--It 
     is the sense of the Senate that the Secretary of Defense 
     should, on an expedited basis, issue the necessary 
     regulations to implement these awards and ensure that any 
     person who renders qualifying service with the Armed Forces 
     in those phases of the Global War on Terrorism including 
     Operation Iraqi Freedom, Operation Enduring Freedom; and 
     Operation Noble Eagle should promptly receive these awards.
                                 ______
                                 
  SA 1875. Mrs. MURRAY 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:
       Sec. 2313. Of the amounts appropriated by chapter 2 of this 
     title under the heading ``Iraq Relief and Reconstruction 
     Fund'' and available for refugees, human rights, democracy 
     and civil society--
       (1) $25,000,000 shall be made available to support the 
     Iraqi Human Rights Ministry, as named in the justification 
     document prepared by the Coalition Provisional Authority, of 
     which--
       (A) not less than $5,000,000 shall be available to 
     establish an Iraq Independent Human Rights Commission to--
       (i) monitor human rights, including abuses of women's 
     rights such as rape, abduction, and ``honor killings'';
       (ii) conduct educational programs on human rights, 
     including with respect to women's rights; and
       (iii) promote human rights, including awareness of women's 
     rights and the prevention of violence against women; and
       (B) not less than $7,000,000 shall be available for 
     activities in Iraq designed to give women the skills 
     necessary to participate in public life, including--
       (i) the conduct of civic education campaigns;
       (ii) the construction and operation of women's resource 
     centers and shelters throughout Iraq; and
       (iii) the conduct of leadership training and exchange 
     programs;
       (2) $10,000,000 shall be made available to support the 
     Afghanistan Independent Human Rights Commission to--
       (A) monitor human rights, including abuses of women's 
     rights such as rape, abduction, and ``honor killings'';
       (B) conduct educational programs on human rights, including 
     with respect to women's rights; and
       (C) promote human rights, including awareness of women's 
     rights and the prevention of violence against women; and
       (3) $25,000,000 shall be made available to support the 
     Afghanistan Ministry of Women's Affairs and independent 
     Afghan women's organizations and networks for--
       (A) the construction of women's centers and shelters; and
       (B) programs to provide legal aid services and computer, 
     English, literacy, and vocational courses for women.
                                 ______
                                 
  SA 1876. Mr. NICKLES 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. __. (a) The Senate finds the following:
       (1) When Saddam Hussein came to power in the 1970's Iraq 
     was a prosperous county with no foreign debt and significant 
     foreign cash reserves.
       (2) Iraq's reserves were exhausted during the Iran-Iraq War 
     in the 1980's and Iraq became a debtor nation.
       (3) Today, the debts incurred by Saddam Hussein's regime 
     are estimated to be as much as $150,000,000,000.
       (4) A process has been put in place that will establish a 
     new representative Iraqi government based on a democratic 
     political system with a free market economy. The goal is a 
     prosperous Iraq that is not a threat to its neighbors.
       (5) For Iraq to be prosperous it must rebuild. In the near 
     term the United States and other donor countries will provide 
     grants to begin the process. In the longer term Iraq must be 
     able to fully participate in the international financial 
     system.
       (6) It is impossible for Iraq to borrow funds in 
     international financial markets based on its existing debt. 
     Eliminating that debt will make possible Iraq's continued 
     rebuilding toward a prosperous and stable nation. A 
     prosperous nation is less likely to be a threat to its 
     neighbors and to be a breeding ground for terrorists. A 
     prosperous Iraq is more likely to be a positive force in the 
     region and participant in the world economy.
       (b) It is the sense of the Senate that all countries that 
     hold debt from loans to the former Iraqi regime of Saddam 
     Hussein should be urged to forgive their debt.
                                 ______
                                 
  SA 1877. Mrs. HUTCHISON 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; as 
follows:

       On page 38, between lines 20 and 21, insert the following 
     new section:
       Sec. 2313. (a) Congress makes the following findings:
       (1) A coalition of allied countries led by the United 
     States entered Iraq on March 19, 2003, to liberate the people 
     of Iraq from the tyrannical rule of Saddam Hussein and the 
     Baathist party and to remove a threat to global security and 
     stability.
       (2) Achieving stability in Iraq will require substantial 
     monetary investments to develop a secure environment and 
     improve the physical infrastructure.
       (3) A stable and prosperous Iraq is important to the peace 
     and economic well-being of the Middle East region and to all 
     nations.
       (4) As of October 2003, the United States has provided the 
     majority of the personnel and financial contributions to the 
     effort to rebuild Iraq.
       (5) Congress fully supports the commitment required by the 
     United States to establish a stable economic, social, and 
     political environment in Iraq.
       (6) The President is currently striving to increase global 
     participation in the effort to stabilize and reconstruct 
     Iraq.
       (7) While the United States should aid the people of Iraq 
     during the critical time of transition between tyranny and 
     democracy, the participation of the people of Iraq in the 
     reconstruction effort is essential for the success of such 
     effort.
       (b) It is the sense of Congress that the President should--
       (1) make every effort to increase the level of financial 
     commitment from other nations to improve the physical, 
     political, economic, and social infrastructure of Iraq; and
       (2) seek to provide aid from the United States to Iraq in a 
     manner that promotes economic growth in Iraq and limits the 
     long-term cost to taxpayers in the United States.
                                 ______
                                 
  SA 1878. Mr. DURBIN 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:

       At the appropriate place, insert the following:
       Sec. __. (a) Global HIV/AIDS Funding.--For necessary 
     expenses to carry out the provisions of the Foreign 
     Assistance Act of 1961 for the prevention, treatment, and 
     control of, and research on HIV/AIDS, in addition to funds 
     appropriated under the heading ''Global AIDS Initiative'' in 
     the Foreign Operations, Export Financing, and Related 
     Programs Act, 2004, $879,700,000.
       (b) Offset.--The total amount appropriated under title II 
     under the heading ``OTHER BILATERAL ECONOMIC ASSISTANCE--
     FUNDS APPROPRIATED TO THE PRESIDENT--Iraq Relief and 
     Reconstruction Fund'' (other than the amount appropriated for 
     Iraqi border enforcement and enhanced security communications 
     and the amount appropriated for the establishment of an Iraqi 
     national security force and Iraqi Defense Corps) shall be 
     reduced by $879,700,000.
                                 ______
                                 
  SA 1879. Mr. DURBIN 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; as follows:


[[Page S12753]]


       At the appropriate place, insert the following:
       Sec. __. (a) Global HIV/AIDS Funding.--For necessary 
     expenses to carry out the provisions of the Foreign 
     Assistance Act of 1961 for the prevention, treatment, and 
     control of, and research on HIV/AIDS, in addition to funds 
     appropriated under the heading ''Global AIDS Initiative'' in 
     the Foreign Operations, Export Financing, and Related 
     Programs Act, 2004, $879,700,000.
       (b) Offset.--The total amount appropriated under title II 
     under the heading ``OTHER BILATERAL ECONOMIC ASSISTANCE--
     FUNDS APPROPRIATED TO THE PRESIDENT--Iraq Relief and 
     Reconstruction Fund'' (other than the amount appropriated for 
     Iraqi border enforcement and enhanced security communications 
     and the amount appropriated for the establishment of an Iraqi 
     national security force and Iraqi Defense Corps) shall be 
     reduced by $879,700,000.
                                 ______
                                 
  SA 1880. Mr. STEVENS (for Mr. Warner) proposed an amendment to 
amendment SA 1867 proposed by Mr. Warner (for himself, Mr. Allen, Mr. 
Sarbanes, Ms. Mikulski, Mrs. Dole, and Mr. Edwards) 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 line 8, strike ``.'' and insert the 
     following:
       ``: Provided that the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 502 
     of H. Con. Res. 95 (108th Congress): provided further that 
     the entire amount shall be available only to the extent that 
     an official budget request for a specific dollar amount, that 
     includes the designation of the entire amount of the request 
     as an emergency requirement as defined in House Concurrent 
     Resolution 95, the concurrent resolution on the budget for 
     fiscal year 2004, is transmitted by the President to the 
     Congress.''
                                 ______
                                 
  SA 1881. Mr. REID (for Mr. Nelson of Florida) 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 I, add the following:
       Sec. 316. (a) Findings.--Congress makes the following 
     findings:
       (1) The Committee on Armed Services of the Senate specified 
     in Senate Report 107-151 to accompany S. 2514 (107th 
     Congress) that the Chief of Naval Operations submit to the 
     congressional defense committees a report, not later than 
     June 2, 2003, on the plans of the Navy for basing aircraft 
     carriers through 2015.
       (2) As of October 16, 2003, the report has not been 
     submitted.
       (b) Report on Aircraft Carrier Basing Plans Through 2020.--
     Not later than 120 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     congressional defense committees a report on the plans of the 
     Navy for basing aircraft carriers through 2020.
                                 ______
                                 
  SA 1882. Mr. CORZINE 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 38, between lines 20 and 21, insert the following 
     new title:

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

     SEC. 3001. ESTABLISHMENT OF COMMISSION.

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

     SEC. 3002. FINDINGS.

       The Congress underscores its commitment to and support for 
     ongoing congressional reviews regarding the collection and 
     analysis of intelligence related to Iraq.

     SEC. 3003. PURPOSES.

       The purposes of the Commission are as follows:
       (1) To examine and report upon the role of policymakers in 
     the development of intelligence related to Iraq and Operation 
     Iraqi Freedom.
       (2) To examine and report upon the use of intelligence 
     related to Iraq and Operation Iraqi Freedom.
       (3) To 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.
       (4) To investigate and publicly report to the President and 
     Congress on its findings, conclusions, and recommendations.

     SEC. 3004. COMPOSITION OF THE COMMISSION.

       (a) Members.--The Commission shall be composed of 12 
     members, of whom--
       (1) 3 members shall be appointed by the majority leader of 
     the Senate;
       (2) 3 members shall be appointed by the Speaker of the 
     House of Representatives;
       (3) 3 members shall be appointed by the minority leader of 
     the Senate; and
       (4) 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 6 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. 3005. 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; and
       (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. 3006. 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) Subpoenas.--
       (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

[[Page S12754]]

     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 departments 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. 3007. 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.--The 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. 3008. COMPENSATION AND TRAVEL EXPENSES.

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

     SEC. 3009. 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 
     clearances 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. 3010. REPORT OF THE COMMISSION; TERMINATION.

       (a) Report.--Not later than 9 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. 3011. 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.

                          ____________________