[Congressional Record Volume 149, Number 157 (Monday, November 3, 2003)]
[Senate]
[Pages S13803-S13804]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. LEAHY (for himself, Mrs. Feinstein, Mr. Durbin, and Mrs. 
        Clinton):
  S. 1813. A bill to prohibit profiteering and fraud relating to 
military action, relief, and reconstruction efforts in Iraq, and for 
other purposes; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, today I am introducing with Senators 
Feinstein, Durbin, and Clinton the ``War Profiteering Prevention Act of 
2003.'' This bill creates criminal penalties for war profiteers and 
cheats who would

[[Page S13804]]

exploit the relief and reconstruction efforts in Iraq to make an extra 
buck. Sadly, these very same provisions are missing from the final 
version of the $87 billion spending bill for Iraq and Afghanistan 
because House conferees refused to accept the amendment, offering no 
substitute and no willingness to compromise. Republican and Democratic 
Senate conferees consistently supported the provision, which had been 
unanimously accepted during Senate Appropriations Committee markup of 
the bill.
  There are, of course, fraud statutes to protect against waste of tax 
dollars at home. But none expressly prohibit war profiteering and none 
expressly confer extraterritorial jurisdiction overseas. Technical 
jurisdictional elements in existing laws also make their applicability 
in these unique circumstances more difficult. The Leahy-Feinstein-
Durbin-Clinton bill would criminalize ``war profiteering''--
overcharging taxpayers for any good or service with the specific intent 
to excessively profit from the war or reconstruction efforts in Iraq. 
The bill also prohibits fraud and false statements in any matter 
involving a contract or the provision of goods or services in Iraq. 
These new crimes would be felonies, subject to criminal penalties of up 
to 20 years in prison and fines of up to $1 million or twice the 
illegal gross profits of the crime. These are strong and focused 
sanctions that are narrowly tailored to criminalize and create tough 
criminal penalties for fraud or excessive profiteering in contracts, 
here and abroad, related to the war or reconstruction efforts in Iraq.
  Congress is about to send billions and billions of dollars to a place 
where there is no functioning government, under a plan with too little 
accountability and too few financial controls. That's a formula for 
mischief. We need strong disincentives for those who would defraud 
taxpayers. It baffles me why House members would not want to provide 
this protection to taxpayers. Every penny of our taxpayers' money must 
be scrupulously spent and protected from waste. The message sent by 
this bill speaks volumes; any act taken to financially exploit the 
crisis situation in Iraq for exorbitant personal gain is simply 
reprehensible. It demeans and cheapens the sacrifices that our military 
and civilian personnel are making in Iraq.
  In post-war times, where U.S. taxpayers have been called upon to bear 
the burden of reconstruction contracts--where contracts are awarded in 
a system that offers little competition and even less accountability--
concerns about wartime profiteering are of grave concern. Historical 
efforts to stem such profiteering have been successful: Congress 
implemented excessive-profits taxes and contract renegotiation laws 
after both World Wars, and again after the Korean War. Advocating 
exactly such an approach, President Roosevelt once declared it our duty 
to ensure that ``a few do not gain from the sacrifices of the many.'' 
Then, as now, our government cannot in good faith ask its people to 
sacrifice for reconstruction efforts that allow so many others to 
unfairly profit.
  There is urgency to this important measure because criminal statutes 
cannot be applied retroactively. These controls need to be in place 
now. We can only hope that the Senate will continue to press and 
support its prompt passage through Congress.
                                 ______
                                 
      By Mr. BOND:
  S. 1814. A bill to transfer lands between the Secretary of 
Agriculture and the Secretary of the Interior; to the Committee on 
Environment and Public Works.
  Mr. BOND. Mr. President, I rise today to introduce legislation that 
will transfer the control of the Mingo Job Corps Center to the U.S. 
Department of Agriculture to be administered by the U.S. Forest 
Service. Since its inception, the Center has served at-risk youth by 
providing a facility where students can complete their secondary 
education and serve the local area through community service projects. 
The Department of Labor has expressed their plans to contract out 
operations of the Mingo Center, which is currently administered by the 
Fish and Wildlife Service, an action that would greatly increase the 
chances for the permanent closure of the facility.
  The Mingo Job Corps Center has been extremely successful in southern 
Missouri. For over 40 years, the Center has been a place for students 
to complete their education, learn a trade, and serve the community. 
Through the Center, students master trades from auto repair to fire 
fighting, from carpentry to culinary arts, and from bricklaying to 
business. The closure of the facility would mean 250 students would not 
be able to receive their High School Diploma, GED, or learn the skills 
necessary to earn gainful employment.
  For over 40 years the Center has made a substantial contribution to 
the community through service projects. Mingo students have 
participated in national projects such as the recovery of the space 
shuttle Columbia and fighting western forest fires. However, the main 
impact of their activities are felt locally in southern Missouri. Each 
year the Mingo Job Corps completes over $1 million worth of community 
and conservation projects. These projects include construction of the 
Poplar Bluff Forest Service District Office, construction of many 
Puxico School buildings, and the painting and repair of furniture at 
various local schools.
  The Mingo Job Corps Training Center is truly an invaluable asset to 
the State of Missouri that must be preserved. Last year, with the help 
of Congresswomen Jo Ann Emerson, I secured a commitment from the USDA 
to have the Forest Service assume operation of the Mingo Job Corps 
Center. However, now it has become necessary for this transfer to be 
handled legislatively. My legislation will ensure that the Center will 
continue to be a positive force that shapes the lives of our youth. Our 
economy and the kids who depend upon this facility will remain the real 
winners here.

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