[Congressional Record Volume 149, Number 152 (Monday, October 27, 2003)]
[Senate]
[Pages S13234-S13237]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS 
                        APPROPRIATIONS ACT, 2004

  The PRESIDING OFFICER (Mr. Allard). Under the previous order, the 
Senate will resume consideration of H.R. 2800, which the clerk will 
report.
  The assistant legislative clerk read as follows:

       A bill (H.R. 2800) making appropriations for foreign 
     operations, export financing, and related programs for the 
     fiscal year ending September 30, 2004, and for other 
     purposes.

  Pending:

       DeWine amendment No. 1966, to increase assistance to combat 
     HIV/AIDS.

  Mr. GRASSLEY. Mr. 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. McCONNELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 1968

  Mr. McCONNELL. Mr. President, I have a series of cleared amendments 
to the pending measure, the foreign operations bill, which I send to 
the desk and ask for their immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Kentucky [Mr. McConnell], for himself and 
     Mr. Leahy, proposes an amendment numbered 1968.

  Mr. McCONNELL. Mr. 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 printed in today's Record under ``Text of 
Amendments.'')
  Mr. McCONNELL. Mr. President, I urge we adopt these amendments en 
bloc.
  The PRESIDING OFFICER. Is there further debate?
  Without objection, the amendment is agreed to.
  The amendment (No. 1968) was agreed to.
  Mr. McCONNELL. 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. McCONNELL. Mr. President, I wish to take a moment to explain an 
amendment that was in the package I just sent forward: Conditioning 
assistance to Malaysia on a determination

[[Page S13235]]

by the Secretary of State that the Government of Malaysia supports and 
promotes religious freedoms, including tolerance for people of the 
Jewish faith.
  On October 16--just very recently--Malaysian Prime Minister Mahathir 
Mohamed delivered a speech before the Tenth Islamic Summit Conference 
in Malaysia during which he made incredible anti-Semitic comments.
  Let me just give you a direct quote from what the Prime Minister of 
Malaysia had to say. Incredibly, here is what he said:

       The Muslims will be forever oppressed and dominated by the 
     Europeans and the Jews. . . . 1.3 billion Muslims cannot be 
     defeated by a few million Jews.
       [Muslims] are actually very strong.

  He said:

       1.3 billion people cannot be simply wiped out. The 
     Europeans killed 6 million Jews out of 12 million. But today 
     the Jews rule this world by proxy. They get others to fight 
     and die for them.

  If that was not bad enough, the Prime Minister of Malaysia went on. 
He said:

       They survived 2000 years of pogroms not by hitting back, 
     but by thinking. They invented and successfully promoted 
     Socialism, Communism, human rights and democracy so that 
     persecuting them would appear to be wrong, so they may enjoy 
     equal rights with others. With these they have so gained 
     control of the most powerful countries and they, this tiny 
     community, have become a world power.

  Now, what could be more outrageous in 2003 than for the prime 
minister of any country to make such unbelievably erroneous statements? 
They are dangerously wrong, and they play directly into the hands of 
the radical Islamic extremists throughout the region.
  This is not an issue of free speech. His anti-Semitic remarks lend 
credence and legitimacy to the hateful messages of local terrorists who 
seek to sow mayhem throughout the region.
  As I understand the importance of fighting terrorism in Mahathir's 
own backyard--and that his comments do not reflect the views of all 
Malaysians--I include, in the amendment already approved, a national 
security waiver that will allow the provision of $1.2 million in IMET 
assistance--that is the military-to-military assistance--to that 
country to be eliminated unless the President believes it is in the 
national security interests of the United States to continue it.
  Now, the good news is that Mahathir's words were criticized around 
the world, as they certainly should have been. The bad news is that the 
Prime Minister just does not get it. Given an opportunity to clarify 
his comments a few days later, he said, in an interview with the 
Bangkok Post, on October 21--this is what he said to the Bangkok Post, 
having listened to the criticism and having an opportunity to retract 
his comments--he said: ``Well, the reaction of the world [to my 
comments] shows that [the Jews] control the world'' and, ``Well, many 
newspapers are owned by the Jews. They only see that angle and they 
have a powerful influence over the thinking of many people.''
  Mahathir himself has influence over the thinking of many people. My 
advice is that in the future he should think before he speaks.
  Let me close by encouraging Prime Minister Mahathir to 
unconditionally release former Deputy Prime Minister Anwar Ibrahim 
before stepping down from office later this month. This injustice has 
gone on for far too long.
  Mr. 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. BYRD. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 1969

     (Purpose: To require that the Administrator of the Coalition 
 Provisional Authority be an officer who is appointed by the President 
           by and with the advice and consent of the Senate)

  Mr. BYRD. Mr. President, in considering the President's $87 billion 
for Iraq, the House of Representatives adopted a provision that would 
require the U.S. official responsible for coordinating the 
reconstruction efforts in Iraq to be appointed by the President by and 
with the advice of the Senate.
  It is almost embarrassing that the House of Representatives had to 
act on behalf of the Senate to include such a requirement.
  The House was responding to the news that the President had appointed 
National Security Adviser Condoleezza Rice to lead a task force that 
would assume responsibilities for rebuilding Iraq. Unlike Secretaries 
Rumsfeld and Powell, who testified before the Congress to explain the 
actions of Defense and State Department personnel in Iraq, the actions 
of the task force will likely be shielded from the public by what may 
be said to be executive privilege.
  The National Security Adviser, as a member of the President's staff, 
traditionally does not testify before the Congress, except under 
extreme circumstances. It is an unconfirmed position and its actions 
are hidden from the view of the Congress, the media, and the public.
  The House of Representatives has valid concerns that if the National 
Security Adviser is responsible for the administration's reconstruction 
efforts in Iraq, her actions could be shielded from the public.
  Senators will recall that the White House tried something similar to 
this last year.
  After the September 11 attacks, the White House unilaterally created 
the Office of Homeland Security inside the White House and used 
executive privilege to cloak the office and its director, Tom Ridge, 
from the Congress and the public. Senator Stevens and I at that time 
wrote to the White House, and we wrote repeatedly, seeking testimony 
from Mr. Ridge. But he was not allowed to testify before the 
Appropriations Committee or any other congressional committees.
  For 14 months, the actions of our chief homeland security officer, 
Mr. Tom Ridge, were hidden from the public. Not until the Congress 
forced the hand of the administration did the President acknowledge the 
dangers of such a situation. To end the stalemate, the President went 
so far as to reorganize the entire Federal Government--almost--by 
creating a new Department of Homeland Security, making its Secretary 
confirmable by the Senate.
  So I certainly hope the present situation won't have to be resolved 
by creating a new Department of Iraqi Reconstruction.
  The American people need to be sure that whoever the President 
chooses to lead the administration's reconstruction efforts in Iraq 
will be held accountable for their actions.
  The Iraqi war effort, including the recently passed supplemental, has 
cost the American taxpayers $118 billion; 351 U.S. soldiers have lost 
their lives. The administration has wagered the lives, the treasure, 
and international prestige of the American people on its Iraqi 
endeavors. With so much at stake, the Congress has a responsibility on 
behalf of the American people to ensure that whoever is running things 
in Iraq is answerable for their decisions to the Congress and to the 
American people.
  I am not just referring to the National Security Adviser; I am also 
referring to the Administrator of the coalition Provisional Authority 
that now governs Iraq. This is an entity which has not been sanctioned, 
which has not been approved by the Congress. Its head has not been 
confirmed by the Senate. It is operating without any mandate from the 
American public. Yet it claims to be vested by the President with all 
executive, legislative, and judicial authority necessary to achieve its 
objective.

  Mr. President, we are not even sure what its objectives are supposed 
to be. The President signed a national security directive earlier this 
year outlining the Iraqi civil administrator's authorities, but that 
directive is classified, hidden away from the American public. Yet the 
Congress is handing over another $20 billion to this entity without 
insisting that the administrator be held accountable to the 
representatives of the people of our country. It is an idea so absurd 
that even the Republican-controlled House of Representatives has tried 
to stop it, and with good reason.
  Let us look at the way the Marshall plan was crafted to rebuild 
Europe after World War II. In comparison, the Congress has allowed the 
administration to assume sweeping unchecked authorities for its efforts 
in Iraq. From

[[Page S13236]]

the first, the Truman administration worked closely with the Congress 
in the development of a foreign aid plan to rebuild Europe. Congress 
did not just appropriate funds whenever the administration asked for 
them. Congress developed a 4-year financial aid plan. It drafted 
enabling legislation that was debated for months in the House and the 
Senate. The Congress ensured that U.S. foreign aid commitments did not 
put its domestic interests in peril.
  Unlike the Coalition Provisional Authority in Iraq, the Federal 
entity responsible for overseeing the implementation of the Marshall 
plan was authorized by statute. The Congress defined the scope of its 
powers and its authorities and built a public record of 7 weeks of 
hearings outlining its objectives and responsibilities. President 
Truman not only appointed a member of the opposition party, Republican 
businessman Paul G. Hoffman, to head that organization, but his 
appointment was subject to confirmation by the Senate. The Senate 
Foreign Affairs Committee had the opportunity to hold hearings and to 
ask questions about potential conflicts of interest to determine his 
qualifications.
  On the other hand, the Coalition Provisional Authority and its 
Administrator can claim none of that.
  The Congress has not sanctioned it by law. The Senate has not given 
its consent to the Administrator chosen to lead it. There is no public 
record detailing the potential conflicts of interest that may be 
pertinent to the Administrator's responsibility in administering the 
reconstruction of Iraq. Once the Congress appropriates its budget, the 
Administrator of the CPA could very well just begin to decline 
invitations to testify before the Congress, at least until he needs 
more money. It could further shield its actions from the public. With 
so little in statute tying the Congress to the CPA, the Congress needs 
to assert its authority to ensure that the CPA's Administrator will be 
held accountable to the Congress and to the American people.
  While many Members of Congress may feel comfortable with the 
decisionmakers in the current administration, there will come a time 
when a new administration will take office, either Democrat or 
Republican, when Members of Congress may disagree with the 
administration officials wielding this power. We need to look beyond 
the party label of the current administration. We need to take a longer 
term view of accountability.
  The Republican-controlled House of Representatives has taken that 
longer term view. The Senate would be wise to follow the lead of the 
House of Representatives. So I have an amendment that would, effective 
March 1, 2004, prohibit the Coalition Provisional Authority from using 
funds appropriated until its Administrator is appointed by the 
President, by and with the advice and consent of the Senate. In that 
way, the Congress will have a mechanism to make sure these funds are 
spent wisely and there be accountability of their expenditure to better 
protect our troops and ensure their quick return home.

  In proposing its $87 billion supplemental request for Iraq, the 
administration has urged the Congress not to walk away from our troops. 
The irony is that in handing this money over to administration 
officials who are not accountable to the American people or their 
representatives in the Congress, that is exactly what we would be 
doing. We would be throwing our hands in the air telling the 
administration to fix the problem themselves; the Congress will give 
you more money later when you need it. That is not the way the House of 
Representatives sees it.
  The Congress has more of a responsibility than that. We owe it to the 
troops to be more meticulous about how Iraqi reconstruction dollars are 
being spent. We owe it to the troops to ask questions and to ensure 
that the CPA is making decisions in their best interest. So I urge 
Senators not to turn away from the troops. The Senate should follow the 
lead of the House of Representatives and ensure accountability for how 
taxpayer dollars are spent. I urge the adoption of the amendment which 
I shall offer.
  Mr. President, I ask unanimous consent that the pending amendment be 
set aside so that I may offer an amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BYRD. I send to the desk an amendment.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from West Virginia [Mr. Byrd] proposes an 
     amendment numbered 1969:
       At the appropriate place, add the following:
       Sec.  . (a) None of the funds made available by this Act or 
     any other Act may be used by the Coalition Provisional 
     Authority (CPA) unless the Administrator of the Coalition 
     Provisional Authority is an officer of the United States 
     Government appointed by the President by and with the advice 
     and consent of the Senate.
       (b) This provision shall be effective March 1, 2004.

  Mr. BYRD. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Byrd 
amendment, which I believe is the pending amendment, be temporarily 
laid aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 1970

  Mr. McCONNELL. Mr. President, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. McConnell], for himself and 
     Mr. Leahy, and Mr. McCain, proposes an amendment numbered 
     1970.

  Mr. McCONNELL. Mr. 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 express the sense of the Senate on Burma)

       On page 111, after line 12, insert the following:
       (c) It is the sense of the Senate that the United Nations 
     Security Council should debate and consider sanctions against 
     Burma as a result of the threat to regional stability and 
     peace posed by the repressive and illegitimate rule of the 
     State Peace and Development Council.

  Mr. McCONNELL. Mr. President, my amendment is rather straightforward. 
It relates to the current regime in Burma. It simply states that it is 
the sense of the Senate that the United Nations Security Council should 
consider sanctions against Burma as a result of the threat to regional 
stability and peace posed by the repressive and illegitimate rule of 
the State Peace and Development Council; that is, the military junta 
that has ruled Burma for the last few decades.
  While the United Nations Secretary General and his special envoy to 
Burma have publicly raised the struggle for freedom in that country, 
the Security Council itself has not considered the matter, which it 
should do at the earliest opportunity. The facts are self-evident. 
Under the SPDC, Burma poses a clear and present danger to itself and to 
its neighbors. Narcotics, HIV/AIDS, and refugees fleeing gross human 
rights abuses spill over Burma's borders and create humanitarian and 
security crises in Thailand, India, and China.
  The Secretary General and his special envoy should understand that 
actions--not words--are required to free Burmese democracy leader Aung 
San Suu Kyi and all her compatriots who remain oppressed and imprisoned 
in Rangoon.
  While I appreciate the President and the Secretary of State raising 
the issue of democracy in Burma with Thai Prime Minister Thaksin 
Sinawatra, I am afraid the message of freedom has again fallen on deaf 
ears.
  As a democratic nation and an ally of the United States, Thailand has 
a particular obligation to support democracy and justice in Burma. Many 
of us in Washington are gravely concerned that Thailand inexplicably 
seems to rush to the defense of the SPDC at every single opportunity, 
deflating pressure even before it can be effectively applied.
  Frankly, I expect--and the community of democracies should demand--
the Thai Prime Minister to be more proactive in supporting Suu Kyi and

[[Page S13237]]

the National League for Democracy, which I recall for my colleagues was 
overwhelmingly elected back in 1990 but never allowed to take power.
  The comments of the Prime Minister of Thailand, as reported in the 
press, say the United States does not understand the issue well. That 
is ridiculous.
  I would suggest that the Prime Minister may be the one who is 
confused as to how best to bring about democratic change in Burma. The 
Thai policy of engagement with Rangoon has been a predictable complete 
and total failure--a total failure.
  Prime Minister Thaksin should understand that under a democratic 
Burmese Government, cross border trade would comprise of legitimate 
goods and services--and not those illicitly purchased or prostituted in 
back allies of Bangkok.
  China, too, would benefit immeasurably from a government in Burma 
that is rooted in freedom and the rule of law. HIV/AIDS and the 
narcotics trade are akin to cancers in the Middle Kingdom's underbelly. 
Under the SPDC's misrule, these malignancies have grown out of control 
into Burma and affect the neighboring countries.
  As Beijing already knows, there is no denying the socioeconomic 
impact of these security threats. It is time for China to treat the 
disease and not only the symptoms.
  I note that next week China and the European Union will be meeting to 
discuss issues pertaining to Burma, Iraq, and North Korea. The United 
States must use its diplomatic prowess to influence China and the EU 
and move these parties toward engagement with the SPDC that results in 
the immediate release of Suu Kyi and other political prisoners. 
Agreeing that Burma is a pariah state, but not acting accordingly, is 
simply not going to work.
  So I commend Secretary Powell for tackling this issue with the ASEAN 
members during his recent visit to Thailand just a week or two ago. I 
encourage him and the entire State Department to continue to implement 
an aggressive and unrelenting full court press to secure freedom and 
justice for the people of Burma.
  To be sure, ASEAN has a critical role to play in promoting freedom 
and justice in Burma. Now is not the time for Southeast Asian nations 
to bury their collective heads in the sand, or to make bizarre comments 
praising ``positive developments'' in Burma--where there have not been 
any positive developments--as ASEAN members did following the recent 
summit in Bali, Indonesia.
  The unfortunate tendency of ASEAN members to ignore regional threats 
is precisely why the U.N. Security Council should consider discussing 
the threats to regional stability and peace posed by a repressive 
Burmese regime.
  Let me close by saying that the only positive development would be if 
ASEAN members get with the program and implement sanctions against the 
SPDC. Who better to spur them into action than the United Nations?
  So this amendment simply calls on the U.N. to do what it should have 
done a long time ago, which is to get involved in helping us bring 
about the needed regime change in Burma, to bring to power the duly 
elected government of the National League of Democracy headed by Aung 
San Suu Kyi, the 1991 Nobel Prize winner, who remains under house 
arrest, which is where she has been for most of the time for the last 
15 years--15 years essentially under house arrest. It is time for the 
U.N. to get interested in this issue and to take action.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Roberts). The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________