[Congressional Record (Bound Edition), Volume 149 (2003), Part 18]
[Senate]
[Pages 24546-24566]
[From the U.S. Government Publishing Office, www.gpo.gov]




EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR IRAQ AND AFGHANISTAN SECURITY 
                  AND RECONSTRUCTION, 2004--Continued


                           Amendment No. 1839

  Mr. STEVENS. Madam President, the pending business is the Ensign 
amendment?
  The PRESIDING OFFICER. That is correct.
  Mr. STEVENS. I now believe that has been cleared and I urge adoption 
of that amendment.
  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to amendment No. 1839.
  The amendment (No. 1839) was agreed to.
  Mr. STEVENS. Madam President, I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The assistant Democratic leader.
  Mr. REID. Senator Byrd has cleared the amendment to which we already 
agreed. He is ready to offer other amendments, as others are. We 
certainly want to cooperate and have the Republicans offer a number of 
amendments. We have more to offer than they do, but they have an 
opportunity to offer theirs. At this time, I suggest the Senator from 
New Mexico be recognized. If, in fact, Senator Graham of South Carolina 
shows up, the Senator from New Mexico will be happy to yield to him. He 
is only going to speak for 10 minutes anyway.
  Mr. STEVENS. Madam President, if the Senator will yield.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. STEVENS. My understanding was it was time for us to start moving 
some of the amendments on our side.
  Mr. REID. We understand.
  Mr. STEVENS. Senator Graham of South Carolina, Senator Warner, and 
Senator Domenici are coming. So I hope to proceed then. I have no 
objection to the Senator from New Mexico proposing his amendment and 
making a statement. We will set that aside when the other Senators 
appear.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Mexico.


                           Amendment No. 1842

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

       The Senator from New Mexico [Mr. Bingaman] proposes an 
     amendment numbered 1842.

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

 (Purpose: To require reports on the utilization of the National Guard 
                             and Reserves)

       At the end of title I, insert the following:
       Sec. 316. (a) Findings.--Congress makes the following 
     findings:
       (1) The National Guard and Reserves have served the Nation 
     in times of national crises for more than 200 years. The 
     National Guard and Reserves are a critical component of 
     homeland security and national defense.
       (2) The current deployments of many members of the National 
     Guard and Reserve have made them absent from their 
     communities for an abnormally long time. This has diminished 
     the ability of the National Guard to conduct its State 
     missions.
       (3) Many members of the National Guard and Reserves have 
     been on active duty for more than a year, and many more have 
     had their tours of active duty involuntarily extended while 
     overseas.
       (b) Report on Utilization of National Guard and Reserves.--
     (1) Not later than 60 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and House of 
     Representatives a report on the utilization of the National 
     Guard and Reserves in support of contingency operations 
     during fiscal year 2004.
       (2) The report under this subsection shall include the 
     following:
       (A) Information on each National Guard and Reserve unit 
     currently deployed, including--
       (i) the unit name or designation;
       (ii) the number of personnel deployed;
       (iii) the projected return date to home station; and
       (iv) the schedule, if any, for the replacement of the unit 
     with a Regular unit.
       (B) Information on current operations tempo, including--
       (i) the length of deployment of each National Guard and 
     Reserve unit currently deployed, organized by unit and by 
     State;
       (ii) in the case of each National Guard and Reserve unit on 
     active duty during the two-year period ending on the date of 
     the report, the aggregate amount of time on active duty 
     during such two-year period; and
       (iii) the percentage of National Guard and Reserve forces 
     in the total deployed force in each current domestic and 
     overseas contingency operation.
       (C) Information on current recruitment and retention of 
     National Guard and Reserve personnel, including--
       (i) any shortfalls in recruitment and retention;
       (ii) any plans to address such shortfalls or otherwise to 
     improve recruitment or retention; and
       (iii) the effects on recruitment and retention over the 
     long term of extended periods of activation of National Guard 
     or Reserve personnel.
       (3) The report under this subsection shall be organized in 
     a format that permits a ready assessment of the deployment of 
     the National Guard and Reserves by State, by various 
     geographic regions of the United States, and by Armed Force.
       (c) Report on Effects of Utilization of National Guard and 
     Reserves on Law Enforcement and Homeland Security.--(1) Not 
     later than 60 days after the date of the enactment of this 
     Act, the Secretary of Homeland Security shall, in 
     consultation with the chief executive officers of the States, 
     submit to Congress a report on the effects of the deployment 
     of the National Guard and Reserves on law enforcement and 
     homeland security in the United States.
       (2) The report under this subsection shall include the 
     following:
       (A) The number of civilian first responders on active duty 
     with the National Guard or Reserves who are currently 
     deployed overseas.
       (B) The number of first responder personnel of the National 
     Guard or Reserves who are currently deployed overseas.
       (C) An assessment by State of the ability of the States to 
     respond to emergencies without currently deployed National 
     Guard personnel.

  Mr. BINGAMAN. Madam President, this amendment relates to the 
utilization of the National Guard and Reserve as part of our military 
activities and presence around the world. I think we have all been 
struck by the fact that in the current conflicts in Iraq and 
Afghanistan, and in many other instances, we are seeing a greater 
utilization of reservists and National Guard personnel by the Pentagon. 
I am not being critical of that, but I do think this is a new reality 
we need to adjust to and understand better.
  Since the founding of our Nation we have relied upon the services of 
citizen soldiers. The National Guard and Reserves have a proud 
tradition of setting aside their civilian lives to serve our country in 
times of conflict. Recently, the need for this service has 
significantly increased. Today, the National Guard and Reserves' 
commitments overseas are critical to the resolution of several 
conflicts around the world. The almost 400 soldiers deployed to keep 
the peace between Israel and Egypt along the Sinai peninsula are 
members of the Oregon National Guard's 1-186th Infantry Battalion. The 
only Fighter Squadron operating from Iraq is an A-10 unit from 
Missouri's 442 Fighter Wing stationed at Tallil Airbase in Southern 
Iraq. This Reserve unit is the only A-10 Warthawg unit in the Air Force 
with Precision Guided Munitions delivery capability. Much of the air 
defense of Washington, D.C., is the responsibility of the D.C. Air 
National Guard's 113th Fighter Wing and air defense forces of the New 
Mexico National Guard.
  The purpose of this amendment is to require the Departments of 
Defense and Homeland Security to provide a report to the Senate Armed 
Services Committee and House Armed Service Committee that contains the 
following:
  No. 1, an assessment of the levels utilization of the Guard and 
Reserves

[[Page 24547]]

component in the manning of contingency operations, domestically and 
overseas.
  No. 2, Recruitment and retention plans for the National Guard and 
Reserves in light of increased commitments.
  No. 3, and finally, a report from the Department of Homeland Security 
on the effects of National Guard and Reserves deployments on Homeland 
Security.
  Last week I had the opportunity and honor to meet with families of 
the 717th Medical Company of the New Mexico National Guard. I cannot 
tell you how moved I was by the patriotism and commitment of these 
families and guardsmen. Despite the increased operations tempo members 
of the New Mexico National Guard remain as dedicated as ever to saving 
lives in New Mexico and overseas.
  For example, last year, CPT Paul Saiz deployed to Kosovo in support 
of KFOR for 6 months flew dozens of aeromedical airlift missions 
throughout Kosovo in support of U.S. military and the civilian 
populace. Upon returning from his deployment he participated in several 
civil search and rescues in the New Mexico mountains, and when 
Albuquerque, NM was ravaged by wildfires, Captain Saiz and others flew 
firefighting missions, dumping water with pinpoint accuracy. I have 
been told that many firemen were convinced that had it not been for 
Captain Saiz's efforts, firefighters would have perished. Currently, 
Captain Saiz and 35 others are deployed to Afghanistan providing 
Aeromedical Airlift for the entire country. The 717th Medical Company's 
Commander, MAJ James Fishbourne writes:

       The soldiers of the 717th Medical Company (AA) are doing 
     extremely well. We are very busy and have completed 43 combat 
     medevac missions to date. I am so proud of our soldiers and 
     how they are performing in this environment. We are non-stop 
     here with urgent and priority medevac missions. Last week one 
     of our crews was called to rescue an infantryman from a 180-
     ft canyon near the Pakistan border. Our crews were able to 
     hoist the soldier to safety and bring him back to the level 1 
     hospital.
       We have also been called to evacuate many mine blast 
     victims throughout Afghanistan. It is very sad to say, but 
     most of the mine victims are children. One patient we evaced 
     to Bagram was a 12-year-old girl with both legs amputated. 
     The night she was in surgery, the hospital was running low on 
     O- blood and one of our pilots (CW4 Atkinson) donated several 
     pints to save her life. Just last night I transported two 
     children involved in a rollover. What a sight it was seeing 
     two small Afghan children lying on a stretcher together being 
     cared for by SSG Esqueivel and CW2 Medina. These children are 
     very sick or hurt when we are called to rescue them.
       I can't tell you about all the missions our fine soldiers 
     have accomplished but I will say that there is no medevac 
     mission that we have had to turn down and no better soldiers 
     than those of the 717th. Our soldiers were involved with the 
     bomb that went off near Bagram, we did assist the hospital 
     with recovery of the local nationals and assisted the doctors 
     and medical personnel here at the hospital. Please do all you 
     can to tell the people back home that the soldiers of the 
     717th Medical Company are doing great things for the 
     soldiers, airmen, and marines here in Afghanistan. They are 
     making great sacrifices being away from their families and 
     jobs back in New Mexico.

  Guardsmen and reservists all over the country are making great 
sacrifices. We need to examine the long-term impact that prolonged 
activation has on recruitment and retention of the National Guard 
Reserves. We must ensure that the administration has a plan to not only 
retain qualified guardsmen and reservists, but to also attract new 
members. I find it very hard to believe that the increased operations 
tempo the Guard and Reserves are experiencing will have no effect on 
recruitment and retention. I fear that if we ask too much of these men 
and women, many will decide to leave military service. Therefore, we 
must ensure that the Department of Defense has prepared an effective 
strategy to maintain the National Guard and Reserves. it is quite 
possible that the Department of defense has such a plan, but I am not 
aware of it.
  We must also closely look at the impact that long deployments have on 
security at home. Many of the young men and women serving overseas as 
members of the National Guard and Reserves work as first responders at 
home. How has the absence of Guardsmen and reservists who are civilian 
policemen, emergency medical technicians and other first responders, 
hampered the ability of states to respond in times of natural disaster 
or homeland security emergencies? How will the absence of Guard and 
Reserves personnel who may ordinarily serve in these capacities as part 
of their service when they are not otherwise deployed affect these 
operations? These are questions that must be answered.
  There is no doubt that the utilization of National Guard and 
Reserves, at least at current rates, will continue well into the 
future. The information these reports will provide will be critical as 
we move ahead with decisions about manning, procurement, and security.
  I understand that portions of this report may have some sensitivity. 
If there is a requirement for portions or all of this report to be in 
classified format, then it should be submitted at the appropriate level 
of classification.
  Let there be no doubt that the men and women of the National Guard 
and Reserves are doing their part to protect us at home and overseas. 
We must ensure that analysis has been conducted, and plans are in place 
to preserve the integrity, readiness and force levels necessary for 
this period of long-term activation.
  At the appropriate time I hope we can adopt this amendment--by voice 
vote, if possible. I do not know a reason why it should be objected to 
by any Member of the Senate, but obviously I await the opportunity for 
all Members to review the amendment before I call for a vote.
  Madam President, with that, I see nobody else seeking the floor so I 
yield the floor and 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. I ask unanimous consent to set aside the Bingaman 
amendment in order that the Senator from South Carolina can offer his 
amendment at this time.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
Senator from South Carolina.


                           Amendment No. 1805

  Mr. GRAHAM of South Carolina. Madam President, I ask unanimous 
consent that my amendment No. 1905 be called.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from South Carolina [Mr. Graham] proposes an 
     amendment numbered 1805.

  Mr. GRAHAM of South Carolina. I ask unanimous consent that the 
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 Congress that arbitrary deadlines 
  should not be set for the dissolution of the Coalition Provisional 
   Authority or the transfer of its authority to an Iraqi governing 
                               authority)

       On page 38, between lines 20 and 21, insert the following:
       Sec. 2313. (a) Congress finds that--
       (1) in a speech delivered to the United Nations on 
     September 23, 2003, President George W. Bush appealed to the 
     international community to take action to make the world a 
     safer and better place;
       (2) in that speech, President Bush emphasized the 
     responsibility of the international community to help the 
     people of Iraq rebuild their country into a free and 
     democratic state;
       (3) French President Jacques Chirac has proposed a plan for 
     Iraqi self-rule within a period of months;
       (4) for a plan for Iraq's future to be appropriate, the 
     provisions of that plan must be consistent with the best 
     interests of the Iraqi people;
       (5) the plan proposed by President Chirac would impose 
     premature self-government in Iraq that could threaten peace 
     and stability in that country; and
       (6) premature self-government could make the Iraqi state 
     inherently weak and could serve as an invitation for 
     terrorists to sabotage the accomplishments of the United 
     States and United States allies in the region.

[[Page 24548]]

       (b) It is the sense of Congress that--
       (1) arbitrary deadlines should not be set for the 
     dissolution of the Coalition Provisional Authority or the 
     transfer of its authority to an Iraqi governing authority; 
     and
       (2) no such dissolution or transfer of authority should 
     occur until the ratification of an Iraqi constitution and the 
     establishment of an elected government in Iraq.

  Mr. GRAHAM of South Carolina. Madam President, this is a sense-of-
the-Senate amendment. I think it is very important, as we deal with the 
Iraqi situation, for us to address as many issues as we can about the 
nature of how this is going to unfold. The President has asked for $87 
billion. I am glad to support the funding. Most of it, two-thirds of 
it, I guess, goes to the men and women in uniform to make sure they 
have the assets necessary to protect themselves and do their job.
  This resolution speaks to the idea of when the mission is complete, 
and this resolution addresses the French position. The French have 
proposed as recently as September 16 that within a month--a matter of 1 
month and no later than 2--all authority be turned over to the Iraqi 
people and that the umbrella we have today cease to exist.
  Not only is this irresponsible but the Coalition Provisional 
Authority ruling the country is a necessary entity until we can get a 
constitution written, voted on, and a government elected. But if we did 
what the French are suggesting, we would take a country that has been 
brutalized and raped--literally and figuratively--with Saddam Hussein 
still on the loose, and basically say, here.
  I think that would not only be a disservice to the Iraqi people but 
it would undermine the reason we went to war to begin with; that is, to 
take tyranny and turn it into stability.
  This sense-of-the-Senate resolution says in no uncertain terms that 
it would be irresponsible to follow the French proposition--to turn 
back over to the Iraqi people the country while it is still in 
transition. In going from tyranny to stability, there will be a certain 
amount of chaos.
  We are training the Iraqi police. We are training the army. They are 
having elections at the local level. There are a lot of good things 
going on. Schools are now open. Schools used to house weapons. Now they 
are housing kids. No young girl has to worry about being taken out of 
school and taken to one of Saddam's sons because she strikes his eye.
  Iraq is a better place. But the French position of just leaving and 
turning it over within 30 days would undo the recent accomplishments. 
It is irresponsible.
  I think it would be in order for the Senate to speak on this matter. 
The United Nations rejected an amendment that set a hard and fast 
deadline in terms of when control will be given to the Iraqi people. 
This makes good sense. Let us give them a chance to write a 
constitution, give them a chance to ratify a constitution, give them a 
chance to have a national election, get some infrastructure in place, 
and allow the rule of law to be in place. Then, at the appropriate 
time, we will be glad when it comes time to leave Iraq. Most Americans 
who have family members in the military can't wait for that day to 
come. We can't wait to be able to bring our troops back home.
  Having said that, most Americans understand that if you leave before 
the job is done, the problems will come back to haunt you. After 
September 11, the easy way out is no longer the right way--to shoot a 
missile or two and say, Boy, did we deal with that group which led to 
9/11.
  There are people who are infiltrating Iraq who are trying to 
destabilize the efforts of the Iraqi people to become a free democracy. 
There are people in the region who hate the idea that Iraq may be a 
free country with a democratic system. We need to stand shoulder to 
shoulder with the Iraqi people and fight those forces, not only for the 
good of the Iraqi people but for our own security.
  This resolution I think is very appropriately timed. The United 
Nations has rejected the hard and fast deadline. This resolution 
basically says we are going to stay until the country is stable, we are 
going to stay until the job is done.
  Having said that--by making that statement--it means more Americans 
are going to die. The forces in Iraq are small in terms of the 
population as a whole, but they are committed to creating chaos.
  It breaks my heart--and every Member of this body and all Americans--
to have a soldier, sailor, airman, or marine lost in this conflict. But 
just as surely as I speak, losses will come and more money will be 
spent. The day has not yet arrived when we can, in good faith and good 
conscience, turn all matters over to the Iraqi people. They need help. 
They need money. They need assistance. They need our support. But we 
need to do it for ourselves. If we cut and run, and if we take the 
French position to get out of there before the infrastructure is in 
place, we will take one form of tyranny and replace it with another. It 
is an irresponsible position.
  I hope this body in a unanimous fashion will agree with the 
proposition that we should not leave Iraq until the job is done--until 
a constitution is written and ratified, until a government has been 
elected and the people have a chance to have a secure environment for 
their new nation that is emerging out of the ashes of Saddam Hussein's 
regime.
  I ask my colleagues to support this resolution saying we will not 
leave until the job is done. Leaving in the next month is 
irresponsible. Reject the French position because the French position 
is irresponsible and undermines our national security.
  Mr. STEVENS. Madam President, I have notified members of the minority 
that we are prepared to accept the Bingaman amendment and also the 
amendment of Senator Graham. While we await their response, 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. 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 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 ask unanimous consent that the 
pending amendments be set aside temporarily so the Senator from 
Arkansas can offer an amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Arkansas.


                           Amendment No. 1829

  (Purpose: To amend the Internal Revenue Code of 1986 to improve tax 
         equity for military personnel, and for other purposes)

  Mrs. LINCOLN. Madam President, yesterday I submitted an amendment to 
the supplemental spending bill which I do hope the Senate will consider 
favorably. I know it is going to be difficult because of the issue I am 
bringing up. The amendment primarily consists of the Military Tax 
Fairness Act and the acceleration of the refundable child credit. Both 
of these bills have passed the Senate overwhelmingly.
  We have been talking and talking and talking about them over the past 
many months, and I know there will be thousands of excuses we will be 
hearing telling us why we should not include this tax relief bill on 
the supplemental spending bill.
  I know this is a tax bill on an appropriations bill. I know we have a 
child credit in two different conferences. I know the Military Tax 
Fairness Act has been going back and forth between the two Chambers. I 
know all of these excuses I am going to hear. I know there will be 
tremendous numbers of those who will come forward and opportunities to 
try to stop what I am trying to do.
  But, Madam President, I am truly exhausted. I am truly exhausted with 
all of the excuses we have had. And I know the hard-working American 
families are just as exhausted as I am with the inability of us to be 
able to move forward these two very simple acts within the Congress 
that would be such a tremendous help to the working families of 
America.

[[Page 24549]]

  The death gratuity paid to the survivors of a military member has 
historically been exempt from taxation. In 1986, the amount of the 
death gratuity benefit was $3,000. In 1991, the payment was raised from 
$3,000 to $6,000 in connection with the Persian Gulf conflict. But the 
Tax Code was not adjusted accordingly.
  Currently, the military survivor must pay taxes on the $3,000 
increase to the death gratuity payment. This is a very simple problem 
to fix. And I do not want any more excuses of why we cannot do it. I 
simply want to get it done.
  In 1997, Congress passed legislation revising the taxation of capital 
gains on the sale of an individual's principal residence, providing up 
to a $250,000 exclusion, $500,000 per couple, on their home sale if the 
individual owned and lived in the house for at least 2 of the 5 years 
preceding the sale. Congress failed to provide a special rule for 
members of the uniformed service and Foreign Service who are required 
to periodically move either within the United States or abroad, making 
it difficult to meet those exclusion requirements.
  The proposal in this amendment would permit military and Foreign 
Service men and women to suspend the 5-year period for a maximum of 10 
years while away from home on assignment. In other words, those years 
away would count toward neither the 2-year lived-in-home nor the 5-year 
period.
  Most American homeowners have the opportunity to build equity in 
their homes and are afforded this great tax benefit to do so. Members 
of the uniformed and Foreign Service who serve our country are 
deserving of no less. This should be an easy fix. It is something we 
can do; we should do; we have all agreed upon many times over. Why can 
we not do it? I do not want to hear the excuses. And I certainly do not 
want to present these excuses to my constituents.
  Again, under the current law, military personnel located in a combat 
zone are provided an extension for filing taxes until 180 days after 
they return from the combat zone. This provision does not currently 
apply to contingency operations where military personnel are confronted 
with demanding circumstances similar to those faced by members in a 
combat zone.
  Contingency operations we have seen recently include Operation Just 
Cause in Panama in 1989, Operation Restore Hope in Somalia in 1992, and 
Operation Uphold Democracy in Haiti in 1994.
  Right now, for example, an airman who is currently deployed overseas 
in a contingency operation in support of our troops in Afghanistan or 
Iraq combat zones happens to be left out.
  This, again, is a simple fix, something we can do for the hard-
working military service men and women who are there serving our 
Nation, putting their lives on hold here at home to protect our 
freedoms, and to be a part of the overall war on terrorism. It is 
something very simple that we could fix if we just took the time to do 
it.
  Some reservists must travel away from home to perform mandatory 
weekend drill one weekend per month and may incur significant travel 
and lodging expenses. Under current law, these are deductible as 
itemized deductions, as unreimbursed business expenses, to the extent 
they exceed 2 percent of the member's adjusted gross income. Most lower 
income, junior reservists do not itemize deductions, so they receive no 
tax benefit for their expenses. For those who do, the 2 percent floor 
limits the amount of benefit of the deduction. For young reservists, 
their expenses may cost them as much as their entire take-home pay for 
that weekend.
  This is a real-life issue for working men and women who are there 
serving each and every one of us in the military of this great Nation.
  Why can't we just get it done? These are issues on which we have all 
agreed. It makes so much sense for us to come forward now, as we are 
talking about the issues that affect our service men and women who are 
stationed abroad. Let us give them the tools to be able to keep their 
families together here at home, to provide for their children, to make 
sure their families are going to stay together no matter how long they 
may be deployed.
  Under current law, a veterans organization is exempt from taxation if 
it meets the requirements of section 501(c)(19) of the Internal Revenue 
Code. However, this status is in jeopardy. Many of these veterans 
organizations, such as the American Legion and the Veterans of Foreign 
Wars, could face losing their tax-exempt status if the Congress and the 
administration do not act to change the technical requirements of the 
Internal Revenue Code.
  We have to get these things done. We are talking about wrapping up 
our business here in the next month or so. We have ample opportunity to 
move these issues. We have come to agreement on all of them. We have 
moved them in years past. Why can't we make them happen?
  I could go on and on, describing all of the varied Tax Code fixes for 
veterans and military families that should have been enacted months 
ago. They are all included in this amendment, and I urge my colleagues 
to support it.
  Now is the time to act. We talk about how valuable our service men 
and women are to us, how much they mean to us, the sacrifices they are 
making, and how much that means to us as a nation and as individuals. 
Let's move on our Military Tax Fairness Act now. Let's make sure we see 
this legislation through and that we enact it before we leave here.
  The last provision of this amendment I would like to speak about is 
something I have talked a great deal about because I feel very strongly 
about it. I feel strongly about it because I am a mother. I am trying 
to keep my family together, working hard with my husband as a dual-
parent household, recognizing the real challenges that American 
families face in raising children today. That is the child tax credit, 
its impact on military families and all of our working families.
  The President promised America's families an advanced payment of the 
$400 increase in the child tax credit. These checks were sent out to a 
chosen few Americans earlier this summer. However, for millions of 
working and military families, hard-working military families, this 
promise was not fulfilled. The families of 12 million children did not 
receive the full child credit check this summer. By now they all know 
who they are.
  We should extend the child tax credit to the other working families 
who were left out. These are people who work hard every day to provide 
for their children and their families, to keep their families together. 
These are hard-working families who have a family member, a father or 
mother, who may be stationed abroad or is in training now, someone who 
is out there who they have been dependent on who we are not going to 
give the same opportunity to in the refundability of a child tax credit 
simply because they make less money. Please remember, you are not even 
eligible for this child credit unless you are working and unless you 
have children.
  This is not a giveaway. These are working families who are paying 
taxes every day, whether it is sales tax, payroll taxes, excise taxes, 
to get themselves to and from work. Why wouldn't we want to give these 
families the same ability, as they are working hard to preserve their 
families, why wouldn't we want to give them the same advantage we give 
other higher income working families to take care of their children and 
families?
  I believe we need to extend that child credit to working families, 
all working families, and we need to do it now. A family with two 
parents making minimum wage and two children would not receive any 
increase in the child credit under the bill signed by the President. 
They would not receive any check this summer. Did they not work hard 
enough for this Congress? Did they not work hard enough for this 
administration? Did they not work hard enough to be a part of trying to 
revive this economy and strengthen the fabric of our Nation?
  It isn't just minimum wage workers who were left out. These children 
in the shadows are living on our military bases as well. Roughly 
200,000 military personnel have incomes between $10,500

[[Page 24550]]

and $26,000, and most of these families will not receive the increased 
child tax credit. In addition, roughly 100,000 military personnel 
stationed in combat zones will be ineligible to receive the full credit 
because they were called to duty. They did not receive a check this 
summer. Did they not work hard enough? Wherever they were stationed in 
uniform to protect our freedoms, did they not work hard enough for this 
Congress and this administration to get the same fair treatment as a 
working individual in this country to take care of their children and 
their families? The blue jeans, the milk, the loaf of bread, or 
anything else they buy, was it any less expensive than what other 
working families are dealing with?
  I think they worked hard enough. I am ashamed that we have been 
hiding from these families, hiding behind our rhetoric, hiding behind 
our process. This great institution is full of processes that are here 
to make the effort more reasonable, to make sure that what we are doing 
is right, that it can be dealt with in an appropriate way. But these 
processes are not here for us to hide behind. These are working 
families in our military and in our communities that deserve the same 
fair treatment.
  I, for one, am tired of telling them that if they will just wait a 
little bit longer, we will finally get around to them--maybe somewhere 
down the road. We could have done this 6 months ago. We could have done 
it 4 months ago. We could have done it 2 months ago before we left on 
our break. But we didn't. We have not and we probably will not.
  It is so important that we address this issue. It is important we 
tell these people that they are a priority, not only because they are 
the fighting military men and women of this country but because they 
are the salt of the earth, the working families putting the fabric of 
this Nation back together, one family at a time. We owe it to them to 
give them the same opportunity to invest in their families, to reinvest 
in the economy, and to help make us strong so we can be and will remain 
the superpower of the world that is there to reach out to other nations 
to help them through liberation and rebuilding and a multitude of other 
issues. But we are only as strong as each of the individual families of 
this Nation that make up our whole.
  I am ready for the excuses that my colleagues may throw at me. I am 
sure there are going to be many. I hope those families who got nothing 
from the trillions of dollars in tax cuts that we have shoved out of 
the door are listening, too. I hope they are listening, but I doubt 
that they are. These are the men and women who are too busy, too busy 
at work, too busy in the trenches and in the desert, too busy raising 
those children and working hard at one or two jobs to make sure their 
families will stay home, regardless of whether we find them as a 
priority in this Nation. They are too busy for our excuses.
  I hope for just once my colleagues will join me in doing what is 
right on behalf of the working families in this great country and the 
12 million children who are our future.
  Madam President, I call up my amendment.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Arkansas [Mrs. Lincoln] proposes an 
     amendment numbered 1829.

  Mrs. LINCOLN. 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 printed in the Record of October 14, 2003 under 
``Text of Amendments.'')
  Mrs. LINCOLN. 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. JOHNSON. 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. JOHNSON. Madam President, I rise to express my support for the 
effort of my colleague from Arkansas relative to the $87 billion 
supplemental appropriations request for Iraq that is currently pending 
before the Senate. I am very supportive of the President's $65 billion 
or roughly $67 billion level of funding for our troops. If we had an 
up-or-down vote on just that component of the President's request, I 
have no doubt it would pass 100-0. No question. Regardless of what you 
think about whether we should be in Iraq, I think this body will 
overwhelmingly be supportive of making sure our troops in Iraq have all 
the resources they need to safely and efficiently and properly do the 
courageous and extraordinary work they have done. We are proud of the 
members of our United States military who are currently operating under 
very difficult circumstances, but doing the very best they can and 
doing a very good job under the circumstances.
  The portion of the request from the President, however, for the $20 
billion, roughly, for construction and various needs in Iraq is 
entirely a different matter. That calls for $100,000-$200,000 
consultants for tens of millions of dollars of study for the Iraqi 
postal service; $10 million for a new ZIP Code; new cities; new high 
schools, new hospitals--things that never existed in their history. 
This is not for damage done in the war; this is establishing a whole 
new infrastructure that never existed before.
  It is hard to tell our military veterans that we cannot find $1.8 
billion so everyone gets access to a VA hospital, and then turn around 
and spend $20 billion on construction and other needs in Iraq; or tell 
America's teachers and kids and parents that we cannot find $8 billion 
for Leave No Child Behind, but we are going to build a new school 
system abroad that never existed before, and $20 billion will go out 
the door for that.
  Now we found this last weekend references in the Washington Post 
finding that one of the problems the Bush administration is having is 
physically moving so much American cash to Iraq. They started out 
putting the money into huge bags and putting it into aircraft at 
Edwards Air Force Base, but it got to be so cumbersome to send out 
these billions of dollars that now they are shrink-wrapping American 
money into these huge cubes and pushing them into airplanes and sending 
them to Iraq. But one of the problems we have is we are shrink-wrapping 
these mountains of American taxpayers' money, and they shift in the 
plane and sometimes fall apart, and we are having problems physically 
moving all this American cash to Iraq.
  I asked my constituents in South Dakota over the past week what we 
should be doing about this. A number of suggestions came up from South 
Dakota constituents. A gentleman from Sioux Falls suggested since the 
combat phase of the Iraq war is over and we have all these 
intercontinental ballistic missiles, we ought to load the cash into the 
warheads of these missiles and fire them into Iraq. Since we are not 
keeping track of how the money is used there anyway--there is no 
auditing; we just hand it over to people and hope they spend it right--
the missiles could explode and the money would sort of fall all over 
Iraq. That is one idea. The problem is sometimes these rockets explode 
on a launch pad, and there is a great risk some of that money might 
fall on an American school or daycare center. That is a risk the Bush 
administration would not tolerate. That would probably not work.
  Another suggestion was since we take all the oil from the Middle East 
in the huge tankers to the U.S., perhaps once they come here and 
unload, they can fill the tankers full of American cash and send that 
to Iraq. Once again, the ports there are not capable of unloading that 
massive amount of American cash, and we would probably have ships 
backed up to Egypt if we did that.
  One of the suggestions came from a gentleman from Aberdeen, SD. He 
suggested we use our B-52 and B-1 fleets to bomb Iraq with American 
cash--borrow it from the Social Security trust fund, as the President 
recommended--and drop this money over Iraq; some would

[[Page 24551]]

land in good places and some in bad, but no doubt it would probably be 
used as efficiently as what the administration's plan calls for.
  There are interesting ideas out there. I hope people will contact the 
White House with their ideas about how best to disburse these huge 
mountains of cash--more than any one of us here or any citizen will 
ever see in a lifetime--$20 billion. We have been spending $1 billion a 
week up until now. That is before you get to this provision. So at a 
time when we are having a hard time funding our own water projects, our 
hospitals, and we have nursing homes on the cusp of closure because of 
Medicare reimbursement problems, at a time when the White House is 
cutting back on Pell grants, college grants for young people, and 
nontraditional students who want to go to college, when we are $1.8 
billion short for our veterans to get access to VA hospitals, and when 
our troops come home, one of the things they will be presented with is 
the bill for the borrowing that is going into this $20 billion package.
  We are not going to cut and run. We do have a role to play in helping 
Iraq. No doubt, some expenditure is required. But $20 billion, when 
there is very little help coming from our allies at this point, is a 
massive expenditure.
  The newspapers reported we are shoving this money out the door so 
fast they are unable to audit the disbursal of the money. It goes to a 
handful of Iraqi leaders and they hope they will get it to the right 
place. Yes, right. I can imagine where this money is winding up in many 
instances.
  At the same time, to the degree we hire American corporations to do 
work there, I hope we will end this business of no-bid contracts going 
to a few well-positioned corporate entities and make sure it is an 
open, clear, transparent process so the American public at least has 
the consolation of knowing these tons of dollars going into Iraq are 
going for some constructive purpose rather than to line the pockets and 
bolster the profitability of a few. We can at least do that.
  Madam President, we have a role to play, that is for certain. But 
this level of expenditure is almost mind-boggling, breathtaking--$20 
billion. That is on top of the $79 billion just approved in the 
supplemental appropriations bill last April, and, heavens knows, this 
is not the last of it. This could be going on for a long time. We are 
told the construction projects that have been suggested for Iraq would 
run easily into the $50 billion or $60 billion range and that somehow 
our allies are going to pay for that. Well, that doesn't appear to be 
what is happening.
  We may very well be seeing future requests as well for this kind of 
money. We don't have $20 billion laying around. If we had $20 billion 
laying around, that might be another matter. But we will have to borrow 
it to give to Iraq. Iraq sits on the first or second biggest supply of 
oil in the world. There is no question that they cannot pump it out 
quickly enough now because their infrastructure is not what it was 10 
years ago; but the oil is still there, there is no question about that.
  Why couldn't we come up with a mechanism for helping Iraq borrow 
against their own oil? Why should they not borrow against one of the 
world's biggest mountains of gold in the world, as opposed to us 
borrowing from our Social Security trust fund? This is not rocket 
science. We have already paid a billion dollars a month for the 
military operation, with virtually very little help from our allies. We 
have had some help from the Brits and modest amounts from others. We 
are paying a dear price for a doctrine of unilateral preemptive war 
now, but we are in it and we have to find a way to get out.
  It seems to me that, while we will support our troops--and there will 
be some effort, no doubt, toward reconstruction in Iraq; but $20 
billion, at a time when we are finding ourselves in record budget 
deficits in the United States, is not a good use of our taxpayers' 
money. It is a disservice to the American taxpayers, and it is a 
precedent we will rue for years to come.
  I yield the floor and suggest the absence of a quorum.
  Mr. STEVENS. Madam President, will the Senator withhold his request 
for a quorum call?
  Mr. JOHNSON. Yes.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. STEVENS. Madam President, I listened with interest to the 
statement of the Senator from South Dakota. It is a very interesting 
proposition that we should support the military budget and not support 
the budget that is designed to bring our troops home. The $20.3 billion 
is a lot of money, there is no question about that.
  I am informed there are about 22 million people in Iraq. They lived 
under a despotic regime, and we have destroyed that regime. There are 
still pockets of terrorists, pockets of resistance to the change to a 
new form of government. But those who support only the military 
expenditures are telling us: Let's just occupy Iraq. No one is saying: 
Let's go home. No one is saying: Let's just bring our forces out and 
cut and run. We are not going to do that.
  If we put in the money, $66 billion for the year 2004, that is the 
amount of money that was calculated that we need for the military, 
provided we start bringing them home--we have already brought some 
troops home, and I am one who hopes we will be bringing more troops 
home this year and early next year. But they will be replaced by 
security forces, those trained in the Iraqi Army, those trained to be 
security forces. We do not want to train people to be forces of 
occupation. That has not been our way of life. Even in Bosnia and 
Kosovo we used forces who were trained combat soldiers, combat 
personnel to carry out a lot of functions, but we did not train people 
to just be forces of occupation.
  Our people are trained combatants. They proved they are the best in 
the world in this current Iraq campaign. There are still threats 
against this country throughout the world. We do not want them left in 
Iraq in the numbers that are there now. They must start coming back to 
meet any contingency to defend this country and our interests at home 
and abroad.
  To say we can just get by with the $66 billion for military begs the 
question: What do you want us to do? Send more forces over there? 
Should we increase the cost militarily and send more combat forces over 
there or should we provide forces, as has been suggested in one 
amendment, to train constables for maintaining the peace, people in 
uniform but not trained to be combat forces, not trained to fight wars, 
but just trained to be policemen at the corner or to guard schools or 
guard the churches or guard the shopping centers. We can do that. We 
have been in Kosovo. We have been in Bosnia for over 4 years doing 
that. We are trying to avoid that in this country.
  I hope everyone in the Senate understands this is a unique, new 
approach to the concept of changing an administration, a nation-
building concept, letting them build their own nation as quickly as 
possible. The $20.3 billion is a great deal of money, there is no 
question about that. It is an enormous amount of money. It represents a 
cost to this country, however, that is far less than maintaining our 
forces there for 3, 4, or 5 years at a rate of $66 billion plus a year 
for military.
  I want to see the scales compared. I want people to understand that 
the $20.3 billion is going to mean we do not have to increase the 
defense costs in the years ahead as we occupy Iraq until they finally 
find some way to create their own government. We are trying to build up 
their forces so we can bring our troops home, and I believe we will 
succeed.
  There are some people making a little bit of mirth over some of the 
problems of dealing with a new country. It has its own currency now, 
and we are trying to convert our money to their money so they can start 
spending and generating their economy. It is going to cost a great deal 
to do that; a lot less, however, than occupying that country for a 
period of 4 more years. We have not been in any of these countries we 
have been involved with in recent years less than 4 years. We hope to 
be out of this situation in less than 4 years, and that is why I 
support the $20.3 billion the President requested.
  I suggest the absence of a quorum.

[[Page 24552]]

  The PRESIDING OFFICER. The clerk will call the roll.
  The 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, the amendment offered by the Senator 
from Arkansas is a revenue bill. It cannot originate under our 
constitutional concepts in the Senate. It would create a blue-slip 
situation in the House of Representatives. I do not want to put the 
entire bill at risk by trying to include a tax bill in this 
supplemental appropriations bill.
  Therefore, I make the point of order it violates the pay-go 
provisions of the Budget Act and ask that it be stricken.
  Mr. REID. Madam President, I simply wish to say, prior to the Chair 
ruling, that the Senator from Arkansas is a member of the Finance 
Committee. She has studied this long and hard. I think it appropriate 
she brought this before the Senate. I compliment and applaud her for 
bringing this to the Senate's attention.
  Mr. STEVENS. Madam President, there are similar provisions in the 
pending bill before the Senate. I renew my point of order.
  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. 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. Making my request more specific, I make the point of 
order that the amendment of the Senator from Arkansas is in violation 
of section 302(f) of the Budget Act and I ask that it be stricken.
  The PRESIDING OFFICER. The point of order is sustained. The amendment 
falls.
  Mr. STEVENS. I thank the Chair. I yield the floor.
  The PRESIDING OFFICER. The Senator from West Virginia.


                           Amendment No. 1846

  Mr. BYRD. Madam President, I send an amendment to the desk on behalf 
of myself, Mr. Levin, Mr. Dorgan, Mrs. Clinton, and Ms. Landrieu.
  The PRESIDING OFFICER. Without objection, the pending amendments are 
set aside. The clerk will report.
  The legislative clerk read as follows:

       The Senator from West Virginia [Mr. Byrd], for himself, Mr. 
     Levin, Mr. Reed, Mr. Corzine, Mr. Leahy, Mr. Dorgan, Mrs. 
     Clinton, and Ms. Landrieu, proposes an amendment numbered 
     1846.

  Mr. BYRD. 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 modify the report requirements with respect to the 
                    Coalition Provisional Authority)

       At the appropriate place insert the following:
       Sec. 2309. (a) Reports of Coalition Provisional 
     Authority.--Not later than January 1, 2004, and every 90 days 
     thereafter, the Administrator of the Coalition Provisional 
     Authority (CPA) shall submit to the Committees on 
     Appropriations and Armed Services of the Senate and the House 
     of Representatives a report on all obligations, expenditures, 
     and revenues associated with reconstruction, rehabilitation, 
     and security activities in Iraq during the preceding 90 days, 
     including the following:
       (1) Obligations and expenditures of appropriated funds.
       (2) A project-by-project and program-by-program accounting 
     of the costs incurred to date for the reconstruction of Iraq, 
     together with the estimate of the Authority of the costs to 
     complete each project and each program.
       (3) Revenues attributable to or consisting of funds 
     provided by foreign nations or international organizations, 
     and any obligations or expenditures of such revenues.
       (4) Revenues attributable to or consisting of foreign 
     assets seized or frozen, and any obligations or expenditures 
     of such revenues.
       (5) Operating expenses of the Authority and of any other 
     agencies or entities receiving funds appropriated by title.
       (b) Comptroller General Audit, Investigations, and 
     Reports.--(1) The Comptroller General of the United States 
     shall conduct an on-going audit of the Coalition Provisional 
     Authority, and may conduct such additional investigations as 
     the Comptroller General considers appropriate, to evaluate 
     the reconstruction, rehabilitation, and security activities 
     in Iraq.
       (2) In conducting the audit and any investigations under 
     paragraph (1), the Comptroller General shall have access to 
     any information and records created or maintained by the 
     Authority, or by any other entity receiving appropriated 
     funds for reconstruction, rehabilitation, or security 
     activities in Iraq, that the Comptroller General considers 
     appropriate to conduct the audit or investigations.
       (3) Not later than 120 days after the date of the enactment 
     of this Act, the Comptroller General shall submit to the 
     Committees on Appropriations and Armed Services of the Senate 
     and the House of Representatives a report on the audit and 
     any investigations conducted under paragraph (1). The report 
     shall include information as follows:
       (A) A detailed description of the organization and 
     authorities of the Authority.
       (B) A detailed description of the relationship between the 
     Authority and other Federal agencies, including the 
     Department of Defense, the Department of State, the Executive 
     Office of the President, and the National Security Council.
       (C) A detailed description of the extent of the use of 
     private contractors to assist in Authority operations and to 
     carry out reconstruction, rehabilitation, or security 
     activities in Iraq, including an assessment of--
       (i) the nature of the contract vehicles used to perform the 
     work, including the extent of competition used in entering 
     into the contracts and the amount of profit provided in the 
     contracts;
       (ii) the nature of the task orders or other work orders 
     used to perform the work, including the extent to which 
     performance-based, cost-based, and fixed-price task orders 
     were used;
       (iii) the reasonableness of the rates charged by such 
     contractors, including an assessment of the impact on rates 
     of a greater reliance on Iraqi labor or other possible 
     sources of supply;
       (iv) the extent to which such contractors performed work 
     themselves and, to the extent that subcontractors were 
     utilized, how such subcontractors were selected; and
       (v) the extent to which the Authority or such contractors 
     relied upon consultants to assist in projects or programs, 
     the amount paid for such consulting services, and whether 
     such consulting services were obtained pursuant to full and 
     open competition.
       (D) A detailed description of the measures adopted by the 
     Authority and other Federal agencies to monitor and prevent 
     waste, fraud, and abuse in the expenditure of appropriated 
     funds in the carrying out of reconstruction, rehabilitation, 
     and security activities in Iraq.
       (E) A certification by the Comptroller General as to 
     whether or not the Comptroller General had adequate access to 
     relevant information to make informed judgments on the 
     matters covered by the report.
       (4) The Comptroller General shall from time to time submit 
     to the Committees on Appropriations and Armed Services of the 
     Senate and the House of Representatives a supplemental report 
     on the audit, and any further investigations, conducted under 
     paragraph (1). Each such report shall include such updates of 
     the previous reports under this subsection as the Comptroller 
     General considers appropriate to keep Congress fully and 
     currently apprised on the reconstruction, rehabilitation, and 
     security activities in Iraq.

  Mr. BYRD. Madam President, 1 year ago this week, the President signed 
the congressional resolution authorizing him to go to war against Iraq. 
That signing was a historic moment for the United States. For the first 
time in our history, the President asked Congress for authority to 
launch an invasion against a sovereign nation that did not constitute a 
clear and imminent threat to the safety of the American people. And for 
the first time in our history, the President demanded that Congress 
give him unconditional power to initiate war whenever he wanted, 
limited by nothing but his own judgment. The President wanted war on 
his own terms, and Congress granted him everything he asked for.
  For the next 5 months, the President and his top advisors turned a 
deaf ear to growing concerns about the administration's judgment. When 
intelligence analysts warned that the White House was acting on 
questionable conclusions, those analysts were ignored. When Members of 
Congress dared to ask questions about the President's war plans, they 
were branded as unpatriotic. When our oldest allies disagreed with the 
argument that immediate war was the only answer, they were dismissed 
and called irrelevant. Top administration officials who publicly 
contradicted the President's rosy predictions were fired, and the 
American public was kept in the dark about

[[Page 24553]]

what Iraq would look like after the war.
  On several occasions, I stood on the floor and asked: After Iraq, 
what? What shall we expect the morning after the war?
  Confident that the reconstruction of Iraq was a job that could be 
handled without involving Congress too much or the United Nations, 
President Bush delegated the task to retired GEN Jay Garner, who 
quietly went to work with support from the Pentagon. The American 
people were not told much about General Garner or what he was doing in 
Iraq. Most Members of Congress didn't know anything more about him than 
what they read in the papers. So when General Garner was given his 
walking papers and replaced with Ambassador Paul Bremer without 
explanation or fanfare, Congress had no real information to judge what 
the shake-up would mean for the United States occupation of Iraq.
  In the days after President Bush made his flamboyant landing on the 
aircraft carrier USS Abraham Lincoln to announce to the world that the 
United States had accomplished its mission in Iraq--that was the banner 
headline over and above his head--most of the country was too 
distracted celebrating the military triumph to think much about the 
President's appointment of Paul Bremer to serve as a Presidential envoy 
in Iraq. With the President declaring victory and the administration 
continuing to assure the public that we would be welcomed as 
liberators--a la Vice President Cheney--and that Iraq's oil revenues 
would pay for reconstruction, the administration hoped that no one 
would bother to notice the management changes it was making in Iraq.
  The administration moved quickly to set up a reconstruction team on 
the ground in Iraqi that would answer only to the President and the 
Secretary of Defense. In May, the President issued a classified 
National Security Directive creating the Coalition Provisional 
Authority, CPA. That document remains classified, and the 
administration has provided very little public information about the 
powers and authorities of the CPA. All we really know from the White 
House is that Ambassador Bremer, as administrator of the CPA, reports 
to the President through the Secretary of Defense. But after the recent 
announcement that National Security Adviser Condoleezza Rice will be 
coordinating reconstruction policy from within the White House, who 
knows what the chain of command looks like today or will look like 
tomorrow? Getting a clear picture of how the CPA operates has proved to 
be difficult, but it is clear Ambassador Bremer wields an extraordinary 
amount of power and independence in Iraq. And, if you don't believe it, 
listen to this. On May 16, the CPA issued its first regulation in Iraq 
in which it spelled out its authority in no uncertain terms. Section 1 
of that regulation stated:

       The CPA is vested with all executive, legislative, and 
     judicial authority necessary to achieve its objectives, to be 
     exercised under relevant U.N. Security Council resolutions, 
     including resolution 1483, and the laws and usages of war. 
     This authority shall be exercised by the CPA Administrator.

  That is broad, broad, virtually without limitation, if the reading 
means what it says. Let's read that again.

       The CPA is vested with all executive, legislative, and 
     judicial authority.

  Take a look at the Constitution of the United States. Let's see what 
it says, in the very first article, the very first section of that 
article, and then compare that authority with the authority I have just 
read. Here is what article I, section 1, of the Constitution says about 
the legislative authority.

       All legislative Powers herein granted shall be vested in a 
     Congress of the United States, which shall consist of a 
     Senate and House of Representatives.

  That is one sentence, and it vests all legislative powers in a 
Congress of the United States.
  Well, section 1 of the regulation, which I have just read, says it is 
the CPA that is vested with all executive, legislative, and judicial 
authority necessary to achieve its objectives. My, what authority that 
is. It does not stop with just legislative authority. It talks about 
executive, legislative, and judicial authority.
  Read that again.

       The CPA is vested with all executive, legislative, and 
     judicial authority necessary to achieve its objectives, to be 
     exercised under relevant U.N. Security Council resolutions, 
     including resolution 1483, and the laws and usages of war. 
     This authority shall be exercised by the CPA Administrator.

  There is a man mountain for you, with all that authority. That is a 
powerful statement, especially for an agency that has never been 
authorized by Congress and an administrator who was not confirmed by 
the Senate for his position. How about that?
  The CPA under Paul Bremer has the power to run the Iraqi Government 
ministries, the power to appoint Iraqi officials, the power to award 
lucrative private contracts for reconstruction. The CPA also oversees 
local police and even sets public curfews in Baghdad.
  Now the CPA is looking to further consolidate its powers with an 
unprecedented request to spend over $20 billion of your money. I say to 
you out there who are looking at this Chamber through those electronic 
lenses there: It is your money, your money. But here we are going to 
consolidate the powers of the CPA with an unprecedented request to 
spend over $20 billion of the American taxpayers' money, your money, 
with little oversight by the Congress.
  Until now, the CPA has financed its various activities from a number 
of different sources, including billions of dollars in seized Iraqi 
assets. The CPA was not accountable to Congress for much of this 
spending, and it made very little effort to keep Congress and the 
public informed about the administration's reconstruction plans.
  So, the White House let Paul Bremer maintain a low profile for months 
in Iraq before the President finally spoke to the American people about 
what was happening on the ground in Iraq.
  But now the President has admitted that rebuilding Iraq will be a 
much tougher job than he had promised, and it will come with a bigger 
pricetag. I must say, however, the pricetag had never been mentioned. 
We attempted to find out from the administration what the pricetag 
would be, but the administration chose to stay mum about that. But now 
we find this business of rebuilding Iraq is going to come with a big, 
big pricetag. That means Paul Bremer needs more money, more of your 
money. It is your money that Paul Bremer needs. So the administration 
was forced to loosen its grip of secrecy, just long enough to send 
Ambassador Bremer to testify before Congress about the need for 
additional funding. And in one instance, when I asked Mr. Bremer when 
he was before the Appropriations Committee, ``Will you find it possible 
to appear before this committee again if the chairman so directs,'' 
what was Mr. Bremer's answer?

       I'm too busy. I am too busy. I'm too busy.

  I regret we don't have those hearings printed, but the transcripts 
are around and those were his words:

       I'm too busy.

  Don't be fooled. The public relations campaign with Congress will 
last only as long as it takes to get this massive bill pushed through 
both Houses in one piece. In typical fashion, the administration has 
been willing to say whatever Congress wanted to hear in order to get 
its way. We heard a lot of talk about plans and accountability, but the 
information given to Congress was long on rhetoric, short on substance.
  After all of the detailed spending requests and so-called plans from 
the CPA, what we are left with today is a bill before the Senate that 
gives Paul Bremer a blank check. Did you hear it? Did you hear it? A 
blank check, that is what it is. Give to Mr. Bremer a blank check, a 
blank check to spend $20 billion as a start. However, once this bill 
leaves Congress, the administration can throw its plans out the window 
and restore tight controls over information to prevent any meaningful 
oversight or scrutiny of its activities.
  Is that the way you want your money managed? Congress cannot simply 
trust the CPA to voluntarily cooperate with oversight of reconstruction 
spending. This administration has a long track record. It would not 
even take an elephant to remember how long that

[[Page 24554]]

track record is. It has a long track record of stonewalling Congress. 
And, so far, Iraq has been no exception. The CPA took over the reins of 
Iraq's government 5 months ago, yet Congress still has very little 
useful information to evaluate its progress in Iraq thus far, let alone 
the merits of future spending needs. If Congress has any hope of 
holding the administration accountable for the reconstruction plans it 
is proposing today, Congress needs a mechanism to ensure accountability 
from the CPA.
  Ambassador Bremer testified before Congress that the activities of 
the CPA will be fully transparent and accountable, but some of his own 
statements suggested that he was reluctant to cooperate with committee 
oversight. In particular, I was troubled by comments he made about 
congressional access to the CPA's financial records. When he testified 
before the Appropriations Committee, Ambassador Bremer told the 
committee that the CPA had detailed records of all of its receipts and 
outlays that could be audited by Congress. However, when he appeared 
before the Armed Services Committee only 3 days later, he said the 
Office of Management and Budget was responsible for maintaining those 
records, and Congress would have to go to the White House for access to 
the CPA's records.
  Throughout my long years in Congress, I have seen the White House 
occupied by Presidents of both parties, and I know from experience that 
one needs to be skeptical when referred to the White House for 
oversight information. There is no reason why any arm of the executive 
branch charged with making such significant spending decisions should 
not be working directly with Congress. When we are talking about 
handing over another $20 billion to the CPA, there is a real need for 
Congress to confirm that the CPA has its finances in order and that the 
CPA is managing the taxpayers' money--your money--responsibly.
  The amendment that I and other Senators are offering will require the 
Coalition Provisional Authority to report to Congress--how about that? 
That is not asking too much--on its receipts and expenditures as the 
reconstruction efforts move forward in Iraq.
  Let me say that again.
  This amendment will require the Coalition Provisional Authority, the 
CPA, to report to Congress--yes; the people's branch of government--to 
report to Congress on the CPA's receipts and expenditures as the 
reconstruction efforts move forward in Iraq. These reports will be 
submitted on a quarterly basis beginning on January 1, 2004. Building 
on the reporting requirements already in the bill, this amendment calls 
for an accounting of both appropriated funds and other sources, such as 
oil revenues and foreign contributions. This is information that the 
CPA is already tracking. So it shouldn't be too much of a burden to 
share that information with Congress, especially given the CPA's 
extraordinary flexibility in spending taxpayer dollars. Ambassador 
Bremer assured the committee during the committee hearing that he would 
comply with any reporting requirements Congress chose to include in 
this legislation.
  This amendment also directs the Comptroller General of the United 
States to audit the spending records of the CPA. What is wrong with 
that? How about that? The amendment also directs the Comptroller 
General of the United States to audit the spending records of the CPA--
we should all be for that--so that the General Accounting Office can 
provide Congress with a clear understanding of how reconstruction 
activities are being managed in Iraq. In its report to Congress, the 
General Accounting Office must outline the authorities and organization 
of the CPA, the CPA's relationship to the White House and other 
executive agencies, and the CPA's use of private contractors to perform 
critical reconstruction services in Iraq.
  I think most people would agree with the purpose here. Let me say it 
again.
  In its report to Congress, the GAO must outline the authorities and 
organizations of the CPA, the CPA's relationship to the White House and 
other executive agencies--and get this--and the CPA's use of private 
contractors to perform critical reconstruction services in Iraq.
  The most important power vested in Congress by the Constitution is 
the power over the purse. Englishmen spent centuries and shed blood to 
wrest that power from tyrannical monarchs and vest it in the people's 
branch, the House of Commons. And our forbearers in our own country 
brought with them that legacy, brought with them to these shores that 
principle, that power over the purse vested in the people's branch. So 
they wrote it in this Constitution which I hold in my hand. Our Framers 
wrote it in there. Article I, section 9 of this Constitution vests the 
power of the purse in this branch. That is where it has been. That is 
where it is.
  This power carries with it the duty to ensure that the people's 
money--your money--is being spent wisely. Congress must be able to 
follow that money wherever it goes, but right now our money may soon 
disappear into a whirling storm of White House rhetoric and wartime 
profiteering.
  Without this amendment, following the money will only get harder as 
the President continues to reorganize the chain of command in Iraq and 
avoid straight answers to tough questions about the success of our 
reconstruction efforts.
  If the constitutional power of the purse means anything at all, it 
must at least require that the people's elected representatives here in 
Congress have a right to know how the Government is spending the 
Nation's treasury. I urge the Senate to protect its own powers and live 
up to its oversight responsibilities, and I urge Senators to support 
this amendment.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Cornyn). The Senator from Alaska.
  Mr. STEVENS. Mr. President, there are a series of reporting 
requirements in this bill already. I have conferred with the 
leadership. We don't have any objection to this amendment by the 
Senator from West Virginia. I am certain that in conference the House 
is going to insist on consolidating some of these reports. We will be 
glad to review that matter with the Senator when that occurs. But we 
are happy to accept the amendment.
  Mr. BYRD. I thank the distinguished Senator. May we have a vote on 
it?
  Mr. STEVENS. Does the Senator want a rollcall vote?
  Mr. BYRD. Yes. I would like a rollcall. It shows that it is a serious 
amendment.
  Mr. STEVENS. 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. STEVENS. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. Mr. President, if the Senator wants a vote on this 
amendment, he is entitled to a vote. I shall not object to that. But I 
want the Senate to know we have a Boxer amendment to require a report 
on replacing troops with Iraqi forces or other non-U.S. forces to 
secure areas in Iraq. We have an amendment by Mr. Feingold to provide 
transparency and accountability with respect to the Coalition 
Provisional Authority. He wishes to have an office of inspector general 
in the Coalition Provisional Authority. As I understand it, he will 
offer that amendment. We have an amendment offered by Senator McCain 
and Senator Biden. They wish to have a GAO review on the effectiveness 
of the Coalition Provisional Authority relief and reconstruction 
activities, and a report quarterly to the congressional committees on a 
similar matter to that suggested by Senator Byrd's amendment.
  So if the Senator wishes a vote on his amendment, I am prepared to 
agree to that; that will be the case. It would be my intention to 
accept all of these amendments and take them to conference and see what 
we can do to come out with a concept of a process of having adequate 
information and transparency in the Coalition without burdening the 
Coalition with a series of

[[Page 24555]]

different types of reports and different types of officers who will be 
looking over their shoulders and demanding access to their offices and 
interviews of their personnel when we are trying to get the business 
done over there.
  I do not think a provisional authority, within an area with the kind 
of suicide bombers we are seeing there on a daily basis, is something 
we have to burden with a series of duplicating types of reports and 
inspectors general and the comptroller general and his people there at 
the same time.
  So again I state to my friend I will not oppose the amendment. I will 
vote for it. I assume it will get 100 votes. But in conference I intend 
to see it to these reports are consolidated, and we have a concise--
concise--concept of the type of reports Congress needs to oversee the 
activities of the Provisional Authority.
  Does the Senator wish to renew his request for the yeas and nays?
  Mr. BYRD. Yes. May I say, prior to doing that, this is not just one 
more report. It is like the making of our laws, Mr. President. We have 
the books full of laws, but we always see the need for enacting more 
and more laws.
  There are Ten Commandments. If we listen to the argument of the 
distinguished Senator from Alaska--and he is a very distinguished 
Senator--then one Commandment should have been enough; the others would 
have been repetitive. That is not the case.
  This is an important reporting requirement. I hope the Senate will 
approve it. We are talking about $20 billion here. So I ask for the 
yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.
  Mr. STEVENS. Mr. President, I state again, I have serious question of 
whether the Comptroller General of the United States is a replacement 
for the Inspector General. That, in effect, is what the Senator's 
amendment does. It creates the comptroller general as a constant 
inspector general of everything that is going on under the Coalition 
Provisional Authority.
  I am going to reserve my opportunity to consolidate all of these 
reports in conference. But I do agree we have the yeas and nays.
  Mr. BYRD. Mr. President, the Comptroller General, General Accounting 
Office is an arm of the Congress. Let the Congress carry out its proper 
role of oversight under the Constitution. That is all I am asking for 
here.
  I thank the Senator.
  Mr. STEVENS. Mr. President, I do not want to belabor the point. It is 
an arm of the Congress, but this is an executive function concerning an 
audit. We have created offices of the inspector general. Two Senators 
have suggested inspectors general. I do not think this is the place for 
a continuing presence of an arm of the Congress. But I will vote for 
the Senator's amendment to take it to conference. As the Chair said, 
there is a sufficient second.
  The PRESIDING OFFICER. There is a sufficient second.
  Is there further debate on the amendment? If not, the question is on 
agreeing to the amendment. The clerk will call the roll.
  The assistant 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 ``aye.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 97, nays 0, as follows:

                      [Rollcall Vote No. 383 Leg.]

                                YEAS--97

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham (FL)
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner
     Wyden

                             NOT VOTING--3

     Edwards
     Kerry
     Lieberman
  The amendment (No. 1846) was agreed to.
  Mr. STEVENS. Mr. President, in view of the vote on the Byrd 
amendment, I announce that we have a Durbin amendment, a Corzine 
amendment, a Boxer amendment, and a Feingold amendment that pertain to 
reporting. If those Senators are willing to offer them now, I am 
prepared to accept them, and we will put them all together when we get 
to conference. They have not been filed.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Chambliss). The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. STEVENS. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. Mr. President, I ask unanimous consent that the two 
lists of amendments I now send to the desk be the only remaining first-
degree amendments in order to the bill other than those pending at the 
present time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. And provided that second-degree amendments be in order 
and they be relevant to the amendment to which they are offered.
  Mr. REID. Reserving the right to object, I thought we had on this 
list--and I may have a different list--Senator Leahy has an amendment.
  Mr. STEVENS. There are two Leahy amendments here.
  Mr. REID. We have no objection.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. In just a moment we will ask for a rollcall vote on 
Senator Graham's amendment, but I would like to yield to my friend, 
Senator Feingold, to introduce an amendment, then to approve a series 
of reporting amendments.
  Mr. REID. Mr. President, through the Chair, to my friend from 
Wisconsin, it is my understanding the Senator has two amendments.
  Mr. FEINGOLD. That is right.
  Mr. REID. One is a reporting amendment and one is on another subject. 
I ask, since he has been waiting for such a long time, that he send his 
reporting amendment to the desk. Then it is my understanding there are 
a number of matters you wish to dispose of dealing with reporting 
amendments. Then he would like to offer his amendment. If there is a 
vote, we would vote on that and the Graham amendment at the same time.
  Mr. STEVENS. I am not sure about voting on his amendment until we 
know what it is. Is it on the list?
  Mr. REID. Yes. At least he could offer it and we could vote later. He 
has been waiting a long time.
  Mr. STEVENS. I have a series of issues I wish to handle before we get 
to any votes.
  Mr. REID. That is fine.
  Mr. STEVENS. Let me yield for the Senator to introduce his amendment.
  The PRESIDING OFFICER. The Senator from Wisconsin is recognized.


                           Amendment No. 1847

  Mr. FEINGOLD. Mr. President, I offer an amendment to the bill 
concerning the inspector general for authority for Iraq. My 
understanding is it is going to be accepted.

[[Page 24556]]

  The PRESIDING OFFICER. Without objection, the pending amendments are 
set aside.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from Wisconsin [Mr. Feingold] proposes an 
     amendment numbered 1847.

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

 (Purpose: To provide transparency and accountability with respect to 
                  the Coalition Provisional Authority)

       On page 22, between lines 12 and 13, insert the following:
       Sec. 316. (a) Of the amounts appropriated by chapter 1 of 
     this title under the heading ``Operation and Maintenance, 
     Army'' and available for the operating expenses of the 
     Coalition Provisional Authority (CPA), $10,000,000 shall be 
     available for the establishment of the Office of the 
     Inspector General of the Coalition Provisional Authority and 
     for related operating expenses of the Office.
       (b) The Office of the Inspector General of the Coalition 
     Provisional Authority shall be established not later than 30 
     days after the date of the enactment of this Act.
       (c)(1) The head of the Office of the Inspector General of 
     the Coalition Provisional Authority shall be the Inspector 
     General of the Coalition Provisional Authority.
       (2) The Inspector General shall be appointed by the 
     President in accordance with, and shall otherwise be subject 
     to the provisions of, section 3 of the Inspector General Act 
     of 1978 (5 U.S.C. App.), except that the person nominated for 
     appointment as Inspector General may assume the duties of the 
     office on an acting basis pending the advice and consent of 
     the Senate.
       (3) The Inspector General shall have the duties, 
     responsibilities, and authorities of inspectors general under 
     the Inspector General Act of 1978. In carrying out such 
     duties, responsibilities, and authorities, the Inspector 
     General shall coordinate with, and receive the cooperation 
     of, the Inspector General of the Department of Defense.
       (d)(1) Except as provided in paragraph (2), not later than 
     75 days after the date of the enactment of this Act, and 
     every 10 days thereafter, the Inspector General of the 
     Coalition Provisional Authority shall submit to the 
     Committees on Appropriations and Foreign Relations of the 
     Senate and the Committees on Appropriations and International 
     Relations of the House of Representatives a report that sets 
     forth--
       (A) an assessment of the financial controls of the 
     Coalition Provisional Authority;
       (B) a description of any financial irregularities that may 
     have occurred in the activities of the Authority;
       (C) a description of--
       (i) any irregularities relating to the administration of 
     laws providing for full and open competition in contracting 
     (as defined in section 4(6) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 403(6))); and
       (ii) any other irregularities related to procurement;
       (D) a description of any actions taken by the Inspector 
     General to improve such financial controls or address such 
     financial irregularities;
       (E) a description of the programmatic goals of the 
     Coalition Provisional Authority; and
       (F) an assessment of the performance of the Coalition 
     Provisional Authority, including progress made by the 
     Coalition Provisional Authority in facilitating a transition 
     to levels of security, stability, and self-government in Iraq 
     sufficient to make the presence of the Coalition Provisional 
     Authority no longer necessary.
       (2) The Inspector General of the Department of Defense 
     shall prepare and submit the reports otherwise required to be 
     submitted by the Inspector General of the Coalition 
     Provisional Authority under paragraph (1) until the earlier 
     of--
       (A) the date that is 150 days after the date of the 
     enactment of this Act; or
       (B) the date on which a determination is made by the 
     Inspector General of the Coalition Provisional Authority that 
     the Office of the Inspector General of the Coalition 
     Provisional Authority is capable of preparing timely, 
     accurate, and complete reports in compliance with the 
     requirements under paragraph (1).
       (3) The reports under this subsection are in addition to 
     the semiannual reports required of the Inspector General by 
     section 5 of the Inspector General Act of 1978 and any other 
     reports required of the Inspector General by law.
       (4) The Inspector General of the Coalition Provisional 
     Authority (or the Inspector General of the Department of 
     Defense, as applicable) shall publish each report under this 
     subsection on the Internet website of the Coalition 
     Provisional Authority.
       (e) The Office of the Inspector General of the Coalition 
     Provisional Authority shall terminate on the first day that 
     both of the following conditions have been met:
       (1) the Coalition Provisional Authority has transferred 
     responsibility for governing Iraq to an indigenous Iraqi 
     government; and
       (2) a United States mission to Iraq, under the direction 
     and guidance of the Secretary of State, has undertaken to 
     perform the responsibility for administering United States 
     assistance efforts in Iraq.

  Mr. FEINGOLD. My understanding is the chairman intends to accept this 
amendment.
  Mr. STEVENS. I yield to the Senator from Nevada to put in an 
amendment for Senator Corzine to include in these amendments.


                           Amendment No. 1851

  Mr. REID. I send an amendment to the desk on behalf of Senator 
Corzine.
  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. Reid], for Mr. Corzine, 
     proposes an amendment numbered 1851.

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

   (Purpose: To require the President to submit periodic reports to 
 Congress on the total projected costs of United States operations in 
Iraq, including military operations and reconstruction efforts, through 
                           fiscal year 2008)

       On page 38, between lines 21 and 22, insert the following 
     new section:
       Sec. 3001. Not later than 30 days after the date of the 
     enactment of this Act, and every 90 days thereafter until 
     December 31, 2007, the President shall submit to each Member 
     of Congress a report on the projected total costs of United 
     States operations in Iraq, including military operations and 
     reconstruction efforts, through fiscal year 2008. The 
     President shall include in each report after the initial 
     report an explanation of any change in the total projected 
     costs since the previous report.


                  Amendments Nos. 1844, 1847, and 1851

  Mr. STEVENS. I now call up amendments Nos. 1844, 1847, and 1851: 
Senator Feingold's amendment, the Boxer amendment, and Senator 
Corzine's amendment. They are all reporting amendments, requiring 
reporting. I ask unanimous consent that they be considered en bloc and 
agreed to en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments were agreed to en bloc.
  Amendment No. 1844 is as follows:

   (Purpose: To require a report on replacing U.S. troops with Iraqi 
        forces or other non-U.S. forces in secure areas of Iraq)

       At the appropriate place, insert the following:

     SEC  . REPORT ON REPLACEMENT OF U.S. TROOPS.

       (a) Findings.--The Senate finds that--
       (1) The Coalition Provisional Authority states that 80 
     percent of Iraq is a permissive environment with people 
     returning to a normal pace of life, while 20 percent is less 
     permissive with entrenched Saddam loyalists, international 
     terrorists and general lawlessness hindering recovery 
     efforts.
       (2) On September 9, Deputy Secretary of Defense John 
     Wolfowitz testified, ``. . . the predominantly Shia south [or 
     Iraq] has been stable and I would say far more stable than 
     most pre-war predications would have given you. And the mixed 
     Arab, Turkish, Kurdish north has also been remarkably stable, 
     again, contrary to fears than many of us had that we might 
     face large-scale ethnic conflict.''
       (3) On September 14, Secretary of State Colin Powell 
     stated, ``We see attacks against our coalition on a daily 
     basis . . . but in many parts of the country things are quite 
     secure and stable.''
       (4) The Coalition Provisional Authority states that a major 
     focus of its security efforts has been to increase Iraqi 
     participation in and responsibility for a safe and secure 
     Iraq.
       (5) On September 14, Secretary of Defense Donald Rumsfeld 
     stated, ``90 percent of the people in Iraq are now living in 
     an area that's governed by a city council, or a village 
     council.''
       (6) The Coalition Provisional Authority reports that 60,000 
     Iraqis are now assisting in security, including 46,000 Iraqi 
     police nationwide.
       (7) Of the 160,000 coalition military personnel serving in 
     Iraq, 20,000 are comprised of non-U.S. forces.
       (b) Report.--Beginning 30 days after the enactment of this 
     Act, the President or his designee shall submit a monthly 
     report to Congress detailing--
       (1) the areas of Iraq determined to be largely secure and 
     stable; and
       (2) the extent to which U.S. troops have been replaced by 
     non-U.S. coalition forces, U.N. forces, or Iraqi forces in 
     the areas determined to be largely secure and stable under 
     this subsection.


[[Page 24557]]

  Mr. STEVENS. I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                    Amendment No. 1805, As Modified

  Mr. STEVENS. I call up an amendment numbered 1805 introduced by 
Senator Graham and send a modification of that amendment to the desk.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
amendment is so modified.
  The amendment (No. 1805), as modified, is as follows:

       On page 38, between lines 20 and 21, insert the following:
       Sec. 2313. (a) Congress finds that--
       (1) in a speech delivered to the United Nations on 
     September 23, 2003, President George W. Bush appealed to the 
     international community to take action to make the world a 
     safer and better place;
       (2) in that speech, President Bush emphasized the 
     responsibility of the international community to help the 
     people of Iraq rebuild their country into a free and 
     democratic state;
       (3) for a plan for Iraq's future to be appropriate, the 
     provisions of that plan must be consistent with the best 
     interests of the Iraqi people;
       (4) premature self-government could make the Iraqi state 
     inherently weak and could serve as an invitation for 
     terrorists to sabotage the development of a democratic, 
     economically prosperous Iraq.
       (b) It is the sense of Congress that--
       (1) arbitrary deadlines should not be set for the 
     dissolution of the Coalition Provisional Authority or the 
     transfer of its authority to an Iraqi governing authority; 
     and
       (2) no such dissolution or transfer of authority should 
     occur until the ratification of an Iraqi constitution and the 
     establishment of an elected government in Iraq.

  Mr. STEVENS. I ask for adoption of the amendment.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 1805), as modified, was agreed to.
  Mr. STEVENS. I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 1836

  Mr. STEVENS. I ask that Senator Reid's amendment No. 1836 be laid 
before the Senate.
  The PRESIDING OFFICER. The amendment is now pending.
  Mr. STEVENS. Mr. President, I ask for the adoption of that amendment. 
It is a sense-of-the-Senate amendment.
  The PRESIDING OFFICER. The question is on agreeing to the amendment 
numbered 1836.
  The amendment (No. 1836) was agreed to.
  Mr. STEVENS. I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                    Amendment No. 1842, As Modified

  Mr. STEVENS. I ask that the Senate consider amendment No. 1842 from 
Senator Bingaman, as modified.
  The PRESIDING OFFICER. The amendment is pending.
  Mr. STEVENS. I send a modification to the desk.
  The PRESIDING OFFICER. The amendment is so modified.
  The amendment (No. 1842), as modified, is as follows:

       At the end of title I, insert the following:
       Sec. 316. (a) Findings.--Congress makes the following 
     findings:
       (1) The National Guard and Reserves have served the Nation 
     in times of national crises for more than 200 years. The 
     National Guard and Reserves are a critical component of 
     homeland security and national defense.
       (2) The current deployments of many members of the National 
     Guard and Reserve have made them absent from their 
     communities for an abnormally long time. This has diminished 
     the ability of the National Guard to conduct its State 
     missions.
       (3) Many members of the National Guard and Reserves have 
     been on active duty for more than a year, and many more have 
     had their tours of active duty involuntarily extended while 
     overseas.
       (b) Report on Utilization of National Guard and Reserves.--
     (1) Not later than 60 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and House of 
     Representatives a report on the utilization of the National 
     Guard and Reserves in support of contingency operations 
     during fiscal year 2004.
       (2) The report under this subsection shall include the 
     following:
       (A) Information on each National Guard and Reserve unit 
     currently deployed, including--
       (i) the unit name or designation;
       (ii) the number of personnel deployed;
       (iii) the projected return date to home station; and
       (iv) the schedule, if any, for the replacement of the unit 
     with a Regular or multinational unit.
       (B) Information on current operations tempo, including--
       (i) the length of deployment of each National Guard and 
     Reserve unit currently deployed, organized by unit and by 
     State;
       (ii) in the case of each National Guard and Reserve unit on 
     active duty during the two-year period ending on the date of 
     the report, the aggregate amount of time on active duty 
     during such two-year period; and
       (iii) the percentage of National Guard and Reserve forces 
     in the total deployed force in each current domestic and 
     overseas contingency operation.
       (C) Information on current recruitment and retention of 
     National Guard and Reserve personnel, including--
       (i) any shortfalls in recruitment and retention;
       (ii) any plans to address such shortfalls or otherwise to 
     improve recruitment or retention; and
       (iii) the effects on recruitment and retention over the 
     long term of extended periods of activation of National Guard 
     or Reserve personnel.
       (3) The report under this subsection shall be organized in 
     a format that permits a ready assessment of the deployment of 
     the National Guard and Reserves by State, by various 
     geographic regions of the United States, and by Armed Force.
       (c) Report on Effects of Utilization of National Guard and 
     Reserves on Law Enforcement and Homeland Security.--(1) Not 
     later than 60 days after the date of the enactment of this 
     Act, the Secretary of Homeland Security shall, in 
     consultation with the chief executive officers of the States, 
     submit to Congress a report on the effects of the deployment 
     of the National Guard and Reserves on law enforcement and 
     homeland security in the United States.
       (2) The report under this subsection shall include the 
     following:
       (A) The number of civilian first responders on active duty 
     with the National Guard or Reserves who are currently 
     deployed overseas.
       (B) The number of first responder personnel of the National 
     Guard or Reserves who are currently deployed overseas.
       (C) An assessment by State of the ability of the States to 
     respond to emergencies without currently deployed National 
     Guard personnel.

  Mr. STEVENS. I ask for consideration of the amendment.
  Mr. REID. I ask unanimous consent that Senator Byrd be added as a 
cosponsor of the Bingaman amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  If there is no further debate, the question is on agreeing to the 
amendment, as modified.
  The amendment (No. 1842), as modified, was agreed to.


                           Amendment No. 1838

  Mr. STEVENS. I ask that the Senate consider Senator Reid's amendment 
numbered 1838.
  The PRESIDING OFFICER. The amendment is now pending.
  Mr. STEVENS. Mr. President, this amendment offered by my friend from 
Nevada increases spending by $3.4 billion that causes the underlying 
bill to exceed the subcommittee allocation under section 302(b). 
Therefore, I raise a point of order against the amendment pursuant to 
section 302(f) of the Budget Act.
  Mr. REID. Mr. President, before the Chair rules, I would simply say I 
am willing to let this go without a recorded vote. The reason for that 
is I have spoken to the chairman of the Armed Services Committee, 
Senator Warner, and I have spoken to the ranking member, Senator Levin, 
and Senator Warner has told me he has had a number of high-level 
meetings with leadership in the House and people from the Pentagon, and 
that there is every intention of being able to help American veterans.
  There has been in existence now for more than 100 years a law that 
someone who is disabled as a result of military service and also draws 
retirement pay from the military cannot draw both. This is unfair.
  I have worked on this issue now for several years, and we now have it 
so people who are Purple Heart veterans

[[Page 24558]]

are able to draw both their disability and their retirement. What is 
contemplated by Senator Warner, Senator Levin, and others is that that 
will be increased to up to 50 percent--those who would be able to draw 
both their disability and their retirement.
  I hope that comes to be, as it is so important to the American 
veterans. This is something that is bipartisan in nature. This 
amendment before the Senate is sponsored by the Senator from Nevada, 
the senior Senator from Arizona, Mr. McCain, and the senior Senator 
from Arkansas, Mrs. Lincoln, and it is an issue that has bipartisan 
support.
  If we had a vote on it here, as we have had on a number of occasions, 
regardless of the cost, as indicated on a number of other occasions, it 
would pass. I think the incremental steps are something I do not 
relish, but I am willing to accept that. And I do hope those who have 
promised us action will be taken in the immediate future will do so. 
Otherwise, I will be back with Senator McCain and Senator Lincoln at a 
subsequent time and cause a vote to occur on this Senate floor.
  Mr. STEVENS. Mr. President, the Senator is correct. In the 
authorization conference, this matter is being considered. That is one 
reason I said it is with reluctance I make a point of order. But I ask 
the Presiding Officer to rule on my point of order.
  The PRESIDING OFFICER. The point of order has been made, and the 
point of order is sustained. The amendment falls.
  Mr. STEVENS. Mr. President, I will consult with the distinguished 
acting leader on the other side. Senator Graham does wish a rollcall 
vote on his amendment No. 1806.
  Mr. REID. I say to my friend, the distinguished Senator from Alaska, 
I would ask that during the time we review that--it will take just a 
few minutes--the Senator from Wisconsin be allowed to offer his 
amendment. He has literally been here for hours.
  If I could ask what the subject matter is of the amendment, through 
the Chair to my friend from Wisconsin.
  Mr. FEINGOLD. Absolutely. Extending FMLA benefits to families of 
National Guard members.
  Mr. STEVENS. There are people leaving, and I do wish we would get an 
agreement on when we could call for a rollcall vote on----
  Mr. REID. The Senator from Wisconsin told me earlier today he would 
take no more than 15 minutes to discuss his amendment.
  Mr. STEVENS. Can we establish a vote on the Graham amendment at 6 
o'clock?
  Mr. REID. The only reason I am stalling a little bit here is I do not 
know the subject matter of the Graham amendment.
  Mr. STEVENS. The amendment was cleared, but because of a change he 
wishes a rollcall vote.
  Mr. REID. Mr. President, we would agree when the Senator from 
Wisconsin completes his statement, which would be 15 minutes from the 
time I give the floor to him, that there be a vote in relation to the 
amendment of the Senator from Wisconsin, with no second-degree 
amendments in order.
  Mr. STEVENS. Senator Graham had a chance to explain the amendment to 
us, but he has not explained it on the floor yet. He would like 5 
minutes before the vote, and I would ask that the Senator be allowed 5 
minutes after the Senator has completed his speech, and then following 
that, we vote, as indicated by the Senator from Nevada, with no further 
amendments in order.
  Mr. REID. I would ask through the Chair to my friend, the 
distinguished Senator from Alaska, are we going to vote only on Graham, 
not on Feingold? Are we going to have two votes now?
  Mr. STEVENS. We do not know anything about Senator Feingold's 
amendment.
  Mr. REID. So I would ask that my unanimous consent request apply only 
to the amendment of the Senator from South Carolina.
  Mr. STEVENS. Subject to the 5 minutes.
  Mr. REID. We do not want time.
  Mr. STEVENS. We join in that request, Mr. President.
  The PRESIDING OFFICER. Will the Senator from Alaska state his 
unanimous consent request?
  Mr. STEVENS. Mr. President, I ask unanimous consent that when Senator 
Feingold has completed his remarks, the Senator from South Carolina be 
recognized to speak for not more than 5 minutes on his amendment No. 
1806, and following that time, there be no further amendments in order, 
and we have a rollcall vote on amendment No. 1806.
  Mr. REID. And I would ask for the modification, the amendment of the 
Senator from South Carolina, as modified.


                    Amendment No. 1806, As Modified

  Mr. STEVENS. Mr. President, I send the modification to the desk so 
there will be no misunderstanding about that.
  The PRESIDING OFFICER. Is there objection to the request?
  Hearing none, it is so ordered. The amendment is modified.
  The amendment (No. 1806), as modified, is as follows:

  (Purpose: To express the sense of Congress that the removal of the 
 Government of Saddam Hussein has enhanced the security of Israel and 
                      other United States allies)

       On page 39, between lines 2 and 3, insert the following:
       Sec. 3002. (a) Congress finds that--
       (1) Israel is a strategic ally of the United States in the 
     Middle East;
       (2) Israel recognizes the benefits of a democratic form of 
     government;
       (3) the policies and activities of the Government of Iraq 
     under the Saddam Hussein regime contributed to security 
     concerns in the Middle East, especially for Israel;
       (4) the Arab Liberation Front was established by Iraqi 
     Baathists, and supported by Saddam Hussein;
       (5) the Government of Iraq under the Saddam Hussein regime 
     assisted the Arab Liberation Front in distributing grants to 
     the families of suicide bombers;
       (6) the Government of Iraq under the Saddam Hussein regime 
     aided Abu Abass, leader of the Palestinian Liberation Front, 
     who was a mastermind of the hijacking of the Achille Lauro, 
     an Italian cruise ship, and is responsible for the death of 
     an American tourist aboard that ship; and
       (7) Saddam Hussein attacked Israel during the 1990-1991 
     Persian Gulf War by launching 39 Scud missiles into that 
     country and thereby causing multiple casualties.
       (b) It is the sense of Congress that the removal of the 
     Government of Iraq under Saddam Hussein enhanced the security 
     of Israel and other United States allies.

  The PRESIDING OFFICER. The Senator from Wisconsin is recognized.


                           Amendment No. 1852

  Mr. FEINGOLD. Mr. President, I send an amendment to the desk on 
behalf of myself, Senator Wyden, and Senator Dayton, and ask for its 
immediate consideration.
  The PRESIDING OFFICER. Without objection, the pending amendments are 
set aside and the clerk will report.
  The legislative clerk read as follows:

       The Senator from Wisconsin [Mr. Feingold], for himself, Mr. 
     Wyden, and Mr. Dayton, proposes an amendment numbered 1852.

  Mr. FEINGOLD. 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 enable military family members to take leave to attend to 
                 deployment-related business and tasks)

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

                 TITLE III--LEAVE FOR MILITARY FAMILIES

     SEC. 3001. SHORT TITLE.

       This title may be cited as the ``Military Families Leave 
     Act of 2003''.

     SEC. 3002. GENERAL REQUIREMENTS FOR LEAVE.

       (a) Entitlement to Leave.--Section 102(a) of the Family and 
     Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by 
     adding at the end the following:
       ``(3) Entitlement to leave due to family member's active 
     duty.--
       ``(A) In general.--Subject to section 103(f), an eligible 
     employee shall be entitled to a total of 12 workweeks of 
     leave during any 12-month period because a spouse, son, 
     daughter, or parent of the employee is a member of the Armed 
     Forces--
       ``(i) on active duty in support of a contingency operation; 
     or
       ``(ii) notified of an impending call or order to active 
     duty in support of a contingency operation.
       ``(B) Conditions and time for taking leave.--An eligible 
     employee shall be entitled to take leave under subparagraph 
     (A)--
       ``(i) while the employee's spouse, son, daughter, or parent 
     (referred to in the subparagraph as the `family member') is 
     on active duty in support of a contingency operation, and, if 
     the family member is a member of a reserve component of the 
     Armed

[[Page 24559]]

     Forces, beginning when such family member receives 
     notification of an impending call or order to active duty in 
     support of a contingency operation; and
       ``(ii) only for issues relating to or resulting from such 
     family member's--

       ``(I) service on active duty in support of a contingency 
     operation; and
       ``(II) if a member of a reserve component of the Armed 
     Forces--

       ``(aa) receipt of notification of an impending call or 
     order to active duty in support of a contingency operation; 
     and
       ``(bb) service on active duty in support of such operation.
       ``(4) Limitation.--No employee may take more than a total 
     of 12 workweeks of leave under paragraphs (1) and (3) during 
     any 12-month period.''.
       (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 
     2612(b)(1)) is amended by inserting after the second sentence 
     the following: ``Leave under subsection (a)(3) may be taken 
     intermittently or on a reduced leave schedule.''.
       (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of 
     such Act (29 U.S.C. 2612(d)(2)(A)) is amended by inserting 
     ``or subsection (a)(3)'' after ``subsection (a)(1)''.
       (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) 
     is amended by adding at the end the following:
       ``(3) Notice for leave due to family member's active 
     duty.--An employee who intends to take leave under subsection 
     (a)(3) shall provide such notice to the employer as is 
     practicable.''.
       (e) Certification.--Section 103 of such Act (29 U.S.C. 
     2613) is amended by adding at the end the following:
       ``(f) Certification for Leave Due to Family Member's Active 
     Duty.--An employer may require that a request for leave under 
     section 102(a)(3) be supported by a certification issued at 
     such time and in such manner as the Secretary may by 
     regulation prescribe.''.

     SEC. 3003. LEAVE FOR CIVIL SERVICE EMPLOYEES.

       (a) Entitlement to Leave.--Section 6382(a) of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``(3)(A) Subject to section 6383(f), an eligible employee 
     shall be entitled to a total of 12 workweeks of leave during 
     any 12-month period because a spouse, son, daughter, or 
     parent of the employee is a member of the Armed Forces--
       ``(i) on active duty in support of a contingency operation; 
     or
       ``(ii) notified of an impending call or order to active 
     duty in support of a contingency operation.
       ``(B) An eligible employee shall be entitled to take leave 
     under subparagraph (A)--
       ``(i) while the employee's spouse, son, daughter, or parent 
     (referred to in the subparagraph as the `family member') is 
     on active duty in support of a contingency operation, and, if 
     the family member is a member of a reserve component of the 
     Armed Forces, beginning when such family member receives 
     notification of an impending call or order to active duty in 
     support of a contingency operation; and
       ``(ii) only for issues relating to or resulting from such 
     family member's--
       ``(I) service on active duty in support of a contingency 
     operation; and
       ``(II) if a member of a reserve component of the Armed 
     Forces--

       ``(aa) receipt of notification of an impending call or 
     order to active duty in support of a contingency operation; 
     and
       ``(bb) service on active duty in support of such operation.

       ``(4) No employee may take more than a total of 12 
     workweeks of leave under paragraphs (1) and (3) during any 
     12-month period.''.
       (b) Schedule.--Section 6382(b)(1) of such title is amended 
     by inserting after the second sentence the following: ``Leave 
     under subsection (a)(3) may be taken intermittently or on a 
     reduced leave schedule.''.
       (c) Substitution of Paid Leave.--Section 6382(d) of such 
     title is amended by inserting ``or subsection (a)(3)'' after 
     ``subsection (a)(1)''.
       (d) Notice.--Section 6382(e) of such title is amended by 
     adding at the end the following:
       ``(3) An employee who intends to take leave under 
     subsection (a)(3) shall provide such notice to the employing 
     agency as is practicable.''.
       (e) Certification.--Section 6383 of such title is amended 
     by adding at the end the following:
       ``(f) An employing agency may require that a request for 
     leave under section 6382(a)(3) be supported by a 
     certification issued at such time and in such manner as the 
     Office of Personnel Management may by regulation 
     prescribe.''.

  Mr. FEINGOLD. Mr. President, my amendment would bring a small measure 
of relief to the families of our brave military personnel who are being 
deployed for the ongoing fight against terrorism, the war in Iraq, and 
other missions in this country and around the world.
  The men and women of our Armed Forces undertake enormous sacrifices 
in their service to our country. They spend time away from home and 
from their families in different parts of the country and different 
parts of the world and are placed into harm's way in order to protect 
the American people and our way of life. And, of course, we owe them a 
huge debt of gratitude for their dedicated service.
  The ongoing deployments for the fight against terrorism and for the 
campaign in Iraq are turning upside down the lives of thousands of 
active duty, National Guard, and Reserve personnel and their families 
as they seek to do their duty to their country and honor their 
commitments to their families, and, in the case of the Reserve 
components, to their employers as well. Today, there are more than 
164,000 National Guard and Reserve personnel on active duty.
  Some of my constituents are facing the latest in a series of 
activations and deployments for family members who serve our country in 
the military. Others are seeing their loved ones off on their first 
deployment. All of these families share in the worry and concern about 
what awaits their relatives and hope, as we do, for their swift and 
safe return.
  Recently, many of those deployed in Iraq have had their tours 
extended beyond the time they had expected to stay. This extension has 
sometimes played havoc with the lives of those deployed and their 
families. Worried mothers, fathers, spouses, and children expecting 
their loved ones home before Thanksgiving must now wait until months 
after Christmas before their loved ones' much-anticipated homecoming. 
The emotional toll is huge. So is the impact on a family's daily 
functioning as bills still need to be paid, children need to get to 
school events, and sick family members must still be cared for.
  Our men and women in uniform face these challenges without complaint. 
But we should do more to help them and their families with the many 
things that preparing to be deployed requires.
  Often, military personnel and their families are given only a couple 
of days' notice that their units will be deployed. These dedicated men 
and women then have only a very limited amount of time to get their 
lives in order. For members of the National Guard and Reserves, this 
includes telling their employers that they will be deployed for, in 
many cases, up to a year and a half. I commend the many employers 
around the country for their understanding and support when an employee 
or a family member of an employee is called to active duty.
  In preparation for a deployment, military families often have to 
scramble to arrange for child care, to pay bills, to contact their 
landlords or mortgage companies, and take care of other things that 
many of us, of course, deal with on a daily basis.
  The amendment I offer today would allow eligible employees whose 
spouses, parents, sons, or daughters are military personnel who are 
serving on or called to active duty in support of a contingency 
operation to use their Family and Medical Leave benefits for issues 
relating to or resulting from that deployment.
  These instances could include preparation for deployment or 
additional responsibilities that family members take on as a result of 
a loved one's deployment, such as child care.
  Let me make sure there is no confusion about what this amendment does 
and does not do. This amendment does not expand eligibility for FMLA to 
employees not already covered by FMLA. It does not expand FMLA 
eligibility to active duty military personnel. It simply allows those 
already covered by FMLA to use those benefits in one additional set of 
circumstances--to deal with issues directly related to or resulting 
from the deployment of a family member.
  I was proud to cosponsor and vote for the legislation that created 
the landmark Family and Medical Leave Act during the early days of my 
service to the people of Wisconsin as a Member of this body. This 
important legislation allows eligible workers to take up to 12 weeks of 
unpaid leave per year for the birth or adoption of child, the placement 
of a foster child, to care for a

[[Page 24560]]

newborn or newly adopted child or newly placed foster child, or to care 
for their own serious health condition or that of a spouse, a parent, 
or a child. Some employers offer a portion of this time as paid leave 
in addition to other accrued leave, while others allow workers to use 
accrued vacation or sick leave for this purpose prior to going on 
unpaid leave.
  Since its enactment in 1993, the FMLA has helped more than 35 million 
American workers to balance responsibilities to their families and 
their careers. According to the Congressional Research Service, between 
2.2 million and 6.1 million people took advantage of these benefits in 
the year 1999-2000.
  Our military families sacrifice a great deal. Active duty families 
often move every couple of years due to transfers and new assignments. 
The 10 years since FMLA's enactment have also been a time where we as a 
country have relied more heavily on National Guard and Reserve 
personnel for more and more deployments of longer and longer duration. 
The growing burden on these service members' families must be 
addressed, and this amendment is one way to do so.
  This amendment has the support of a number of organizations, 
including the Wisconsin National Guard, the Military Officers 
Association of America, the Enlisted Association of the National Guard 
of the United States, and the National Partnership for Women and 
Families.
  We owe it to our military personnel and their families to do all we 
can to support them in this difficult time. I hope that this amendment 
will bring a small measure of relief to our military families.
  I urge my colleagues to support my amendment.
  I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  At the moment there is not a sufficient second.
  Mr. STEVENS. I need time, I say to my friend, to review this with the 
Armed Services Committee and the Government Affairs Committee before we 
can consent to that. I am sure there will be a recorded vote at some 
time, but I hope the Senator will accept a delay in that request.
  The PRESIDING OFFICER. Under the previous unanimous consent 
agreement, the Senator from South Carolina is recognized for 5 minutes.


                    Amendment No. 1806, As Modified

  Mr. GRAHAM of South Carolina. Mr. President, I hope this sense-of-
the-Senate resolution will pass unanimously.
  The purpose of this resolution is to try to put in perspective what 
has been achieved by Operation Iraqi Freedom. We have suffered greatly 
in this country. The Iraqi people have suffered. We have lost soldiers, 
sailors, airmen, and marines. We have spent a lot of money, but I argue 
that we are much more secure as a nation; that there is one less 
dictator in the world to help terrorists; and that dispensing with 
Saddam Hussein's regime has been of particular benefit to our Nation, 
the region, and the world.
  But there is one nation where this has made a dramatic difference. 
That is the State of Israel. This resolution says in very simple and 
strong terms that disposing of the Saddam Hussein government has made 
the State of Israel a more secure place. Why do we say that? During 
Saddam Hussein's period of ruling, he paid suicide bombers, homicide 
bombers, in Palestine money, and families of suicide and homicide 
bombers, to go in and kill innocent Israeli citizens. So when he left, 
there is one less person to fund people who are trying to destroy 
peace.
  Israel and the Palestinian people deserve to live side by side in 
peace with two independent states. Saddam Hussein was providing money 
to people, the Arab Liberation Front, whose goal was to put Israel in 
the sea.
  There is an element of people in that region who don't want to make 
peace with Israel. They want to destroy the State of Israel. Saddam 
Hussein made that possibility more likely by providing aid and comfort 
and money. So when we took Saddam Hussein out, we made Israel more 
secure. That is a good thing. I hope the Senate will join in unanimous 
support of that concept.
  The government under Saddam Hussein gave money to the master mind of 
the hijacking of the Achille Lauro. The government of Saddam Hussein 
launched 39 Scud missile attacks against the State of Israel. People 
debate, should we have done it? Was it worth it? I argue strongly that 
it was worth it, not only for us but for the State of Israel. The men 
and women who have died to replace Saddam Hussein have died to make the 
world more secure. It is heartbreaking to lose soldiers, sailors, 
airmen, and marines, but one of the reasons we have a military is to 
protect ourselves and our allies.
  Every now and then in history people such as Saddam Hussein crop up. 
If they are left alone, innocent people die unnecessarily. If they are 
left alone, the forces of evil become stronger.
  I admire our President who chose to stand up to Saddam Hussein. For 
over 12 years he has violated every effort to rein him in. Force was 
necessary. Force was costly. But the benefits of that force have made 
the region safer, made the Iraqi people free for the first time in 
decades, and made the State of Israel a more secure place to live. 
Israel has been a good ally. I would ask all of my colleagues, if at 
all possible, to legitimize Operation Iraqi Freedom in terms of making 
Israel more secure because to say otherwise would be an untruth. Let it 
be said that the men and women who sacrificed to make the Iraqi people 
free have sacrificed in a way to make people in Israel and our own 
country safer, more secure, and their hopes and dreams maybe will be 
realized.
  I ask for the yeas and nays. Senator McConnell would like to speak on 
the measure, and I ask unanimous consent to make him a cosponsor of the 
amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Does the Senator seek the yeas and nays?
  The Senator from Alaska.
  Mr. STEVENS. Mr. President, I was not informed about the request for 
time. The agreement we have pending would say we have a vote following 
the Senator's remarks. If there are Senators who wish to speak, I would 
like to know who they are and how much time they want to speak so we 
could change the agreement, at least have a vote. Members are coming 
back, thinking they are going to vote in a few minutes.
  Mr. REID. Will the Senator yield?
  Mr. STEVENS. Yes.
  Mr. REID. The unanimous consent agreement said that following the 
statement of the Senator from Wisconsin, the Senator from South 
Carolina would be recognized for 5 minutes, and then we would vote. So 
we have people coming from all over the city here to vote.
  Mr. GRAHAM of South Carolina. If I may, Senator McConnell would like 
to speak. He is here. You are right. I am sorry about the scheduling 
problem. I ask the body to let Senator McConnell speak for whatever 
time he needs on the amendment.
  Mr. REID. Is that in the form of a unanimous consent request?
  The PRESIDING OFFICER. Five minutes have been consumed. Does the 
Senator from South Carolina seek consent for additional time?
  Mr. GRAHAM of South Carolina. Yes, I ask unanimous consent for an 
additional 3 minutes for the Senator from Kentucky so he may speak on 
this amendment.
  The PRESIDING OFFICER. Is there objection?
  Mr. STEVENS. Mr. President, I have no objection to that request if 
Senator McConnell can speak and then we can vote.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Kentucky is recognized for 3 minutes.
  Mr. McCONNELL. Mr. President, I thank the Senator from South Carolina 
for an excellent amendment. There is no ally of the U.S. and the world 
that benefits more, as the Senator from South Carolina pointed out, 
from the fall of Saddam Hussein than our good friends, the Israelis. 
They have watched over the years during the Saddam Hussein regime when 
he paid people to go into Israel and engage in suicide bombings. They 
are extremely

[[Page 24561]]

grateful that there is one less terrorist state in the region to 
threaten Israel and the United States. In fact, you could argue that 
Israel benefits every bit as much, if not more so, from the change of 
regime in Iraq than we do in the United States.
  I think this amendment is extremely important. Remember, Saddam 
Hussein was launching Scud missiles into Israel during the Persian Gulf 
war. So by changing the regime in Iraq, we have made the situation in 
Israel dramatically safer than it would have been on top of all of the 
other reasons why the change in regime in Iraq was in our own best 
interests. So I thank the Senator from South Carolina for a very 
important amendment that illustrates the significance of the fall of 
Saddam Hussein and peace in the Middle East and a chance down the road 
for there to be a final settlement between Israel and the Palestinians.
  Mr. President, I am happy to yield the floor at this point.
  The PRESIDING OFFICER. The Senator from Alaska is recognized.
  Mr. STEVENS. Mr. President, have the yeas and nays been ordered?
  The PRESIDING OFFICER. They have not.
  Mr. GRAHAM of South Carolina. Mr. President, I ask for the yeas and 
nays on the amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to the amendment.
  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 ``yea.''
  The PRESIDING OFFICER (Ms. Murkowski). Are there any other Senators 
in the Chamber desiring to vote?
  The result was announced--yeas 95, nays 2, as follows:

                      [Rollcall Vote No. 384 Leg.]

                                YEAS--95

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bond
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carper
     Chambliss
     Clinton
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham (FL)
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner
     Wyden

                                NAYS--2

     Bingaman
     Chafee
       

                             NOT VOTING--3

     Edwards
     Kerry
     Lieberman
  The amendment (No. 1806), as modified, was agreed to.
  Mr. STEVENS. Madam 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.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. STEVENS. Madam President, we are seeking to urge Members to raise 
some of the amendments that they have indicated they want to have 
considered so we might have some discussion of those amendments and 
schedule them for a vote early tomorrow morning. I know Senator Byrd is 
prepared to offer an amendment. But I yield to the leader.
  The PRESIDING OFFICER. The majority leader.
  Mr. FRIST. At this juncture, we have a lot of amendments on both 
sides of the aisle. We made progress today, although I think we are 
going to be able to narrow down the number of amendments that people 
have come forward with and given to the managers. Last night we made 
real progress by taking amendments to the floor, debating the 
amendments, and then voting this morning.
  After talking to the Democratic leader and managers, it is very clear 
that we should be able to do that tonight, if people will come forward 
with those amendments and then stack those amendments tomorrow morning.
  Right now, we cannot say with certainty what time that would be. The 
goal would be to debate amendments tonight and stack those for an 
appropriate time tomorrow morning.
  The PRESIDING OFFICER. The Democratic leader.
  Mr. DASCHLE. Madam President, I want to agree with the majority 
leader. I think we did make progress last night. We had good 
cooperation. A number of amendments were offered. We had votes on them 
this morning. We want to replicate that tonight. I will be offering an 
amendment shortly. I know a number of other Senators are planning to 
offer amendments on our side.
  Our expectation is we will have those votes, plus I think there are 
five amendments pending that we would like to be able to dispose of, 
either with a voice vote or a rollcall vote, tomorrow morning as well. 
The majority leader noted we made a lot of progress today. We have a 
finite list. I think it is important for Senators to come and limit the 
amount of time that some of these votes may otherwise take. We can have 
a good debate, but I think we have to get through a lot of work 
tomorrow. The only way we can do it is if Senators will come to the 
floor tonight.
  As I say, I will offer an amendment now. Senator Feinstein is ready 
to go with an amendment after I am finished. I don't know if there are 
others on the Republican side, but we need to bring up four or five 
amendments tonight. I think we can give the assurance to the majority 
leader that we will be prepared to do that.
  Mr. REID. Will the distinguished Democratic leader yield?
  Mr. DASCHLE. I am happy to yield.
  Mr. REID. Did you ask consent that following the offering of your 
amendment the Senator from California, Mrs. Feinstein, be recognized to 
offer her amendment?
  Mr. DASCHLE. Madam President, I referenced the fact that she was 
prepared to offer it. I ask consent she be recognized after my 
amendment has been offered.
  Mr. STEVENS. Reserving the right to object, Madam President, we are 
being asked to consent to an order. We have not even seen these 
amendments. We don't even know the names on the amendments.
  I remember, when the tables were turned, vehement objections to such 
procedure. I object until I see the amendment to see whether we want to 
stack them automatically for a vote tomorrow.
  Mr. DASCHLE. Madam President, if I could just clarify, we are not 
asking for consent that they be voted on tomorrow. I said it would be 
helpful if they could be voted on tomorrow morning. I was just 
indicating the sequence tonight and hoping to expedite the 
consideration of these amendments--that after I lay my amendment down 
and make comments relating thereto, that Senator Feinstein be 
recognized so she could do the same. If the Senator from Alaska chooses 
not to do that, we can accommodate him with whatever suggestions he may 
have for how we do this.
  Mr. STEVENS. Is this the loan amendment of the Senator from 
California?
  Mrs. FEINSTEIN. It is my only amendment.
  Mr. STEVENS. Is it on the list?
  Mrs. FEINSTEIN. It is the one I had with Senator Domenici and which 
Senator Domenici is no longer on.
  Mr. STEVENS. It would be nice to see it.
  Mrs. FEINSTEIN. It is at the desk.
  Mr. STEVENS. I thank the Senator.

[[Page 24562]]


  Mrs. FEINSTEIN. I would be happy to bring one over.
  Mr. STEVENS. I withdraw my objection.
  Mr. DASCHLE. Madam President, I renew the request.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 1854

  Mr. DASCHLE. Madam President, if there are no other Senators seeking 
recognition, I ask unanimous consent to lay aside the pending 
amendment, and I send an amendment to the desk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from South Dakota [Mr. Daschle] proposes an 
     amendment numbered 1854.

  Mr. DASCHLE. 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 achieve the most effective means of reconstructing Iraq 
    and to reduce the future costs to the American taxpayer of such 
 reconstruction by ensuring broad-based international cooperation for 
                              this effort)

       At the end of title II, add the following:
       Sec. 2313. (a) Limitation on Amount of Future Funds 
     Available for Iraq Reconstruction Programs.--Notwithstanding 
     any other provision of this Act or any other provision of 
     law, the amount of appropriated funds that may be obligated 
     and expended for Iraq reconstruction programs may not exceed 
     the current appropriated amount for Iraq reconstruction 
     programs unless--
       (1) the President certifies to Congress that the amount of 
     appropriated funds to be so obligated and expended for Iraq 
     reconstruction programs is equal to or exceeded by an amount 
     of contributions from the international community for Iraq 
     reconstruction programs; or
       (2) the President--
       (A) determines that, notwithstanding the lack of 
     contributions by the international community for Iraq 
     reconstruction programs in an amount described in paragraph 
     (1), the obligation and expenditure of appropriated funds for 
     Iraq reconstruction programs in excess of the current 
     appropriated amount for Iraq reconstruction programs is in 
     the national security interests of the United States; and
       (B) submits to Congress a written notification on that 
     determination, including a detailed justification for the 
     determination.
       (b) Construction With Later Enacted Provisions of Law.--
     This section may not be superseded, modified, or repealed 
     except pursuant to a provision of law that makes specific 
     reference to this section.
       (c) Definitions.--In this section:
       (1) The term ``current appropriated amount for Iraq 
     reconstruction programs'' means the aggregate amount 
     appropriated or otherwise made available by this Act, and by 
     any Act enacted before the date of the enactment of this Act, 
     for Iraq reconstruction programs.
       (2)(A) the term ``Iraq reconstruction programs'' means 
     programs to address the infrastructure needs of Iraq, 
     including infrastructure relating to electricity, oil 
     production, public works, water resources, transportation and 
     telecommunications, housing and construction, health care, 
     and private sector development.
       (B) The term does not include programs to fund military 
     activities, (including the establishment of national security 
     forces), public safety (including border enforcement, police, 
     fire, and customs), and justice and civil society 
     development.

  Mr. DASCHLE. Madam President, we have been debating this critical 
piece of legislation now for over a week. Most of the debate has 
properly centered on the immediate issues presented by the bill before 
us: How much of the $20 billion the President is seeking for 
reconstruction of Iraq should American taxpayers provide, and under 
what terms and conditions should they provide it?
  We will have an opportunity tomorrow to talk about a number of 
specific amendments dealing with loan relationships with Iraq and the 
probability that the debate centering on whether or not Iraq should be 
required to take some of the assistance in the form of a loan will be 
resolved before the end of the week.
  There are widely divergent and strongly held views within this 
Chamber about how we should answer the questions involving loans and 
grants, and what responsibilities Iraq should have.
  While Senate passage of $87 billion to secure and rebuild Iraq seems 
certain, each of us knows the amount contained in this bill is not 
sufficient to complete the task. The administration itself has argued 
that we may need another $55 billion beyond the request made in this 
appropriations bill today. We don't know how we will do in the donors' 
conference. But I am told the best we can expect at this point is about 
$3 billion from the international community. If it is still accurate 
that $55 billion may be required, and that $3 billion of that may be 
provided today at least--and that is over a period of time, and in some 
cases we are told that it could be 4 or 5 years before some of that $3 
billion is actually committed--then obviously rebuilding Iraq would 
take many more years and many tens of billions of dollars in addition 
to what is now being considered within this legislation.
  The amendment I am offering tonight simply requires that the 
President do what he said he will do--work with the international 
community to ensure that the American taxpayer does not continue to act 
alone or largely alone in picking up future reconstruction costs. The 
amendment simply seeks to ensure that the international community is an 
equal partner in any future reconstruction costs beyond those contained 
in the bill before us.
  Basically, what we are saying is we will make our decision about the 
$87 billion, but we recognize this may not be the last request; that 
there will be additional needs. This amendment simply says that as we 
consider those additional needs, we ask the President to certify that 
other nations are paying their fair share of any future costs beyond 
the $87 billion for the occupation and rebuilding of Iraq before he 
uses additional American taxpayer dollars to finance these efforts.
  I want to emphasize that it doesn't touch one dime of the $87 billion 
request. Other amendments will seek to address those concerns, and 
obviously I intend to support them. This pending amendment simply says 
to the President: You must provide some assurance that the 
international community will support our efforts to expend additional 
funds beyond the $87 billion for Iraq's reconstruction.
  This amendment will not affect security-related expenditures. No 
limitations are placed on the President's ability to expend funds for 
our troops, Iraqi troops, or for Iraqi public safety programs such as 
border enforcement, police, fire and customs. And no limitations are 
placed on the President's ability to commit funds to develop Iraq's 
justice system.
  If the President is unable to get the international community to pay 
its fair share of future Iraqi construction costs, the amendment 
permits the President to expend still more taxpayer dollars on Iraq's 
reconstruction with one provision. That provision is that he certify to 
Congress that additional U.S. expenditures on Iraq's reconstruction are 
in our national security interests. We don't tie the President's hands. 
We permit him to get everything he is asking for today--enough to 
stabilize and rebuild Iraq for a year according to the administration's 
estimates. It gives him time to round up additional support for our 
efforts in Iraq should he deem it necessary to ask America's taxpayers 
to provide additional funds. And we give him a waiver if he fails to 
secure the additional international support.
  More than 6 months after the end of the Hussein regime, the cost of 
rebuilding and securing Iraq, both in the lives lost and in money now 
expended, appear without end. Now more than ever, we need to engage the 
support of the international community prior to the donors' conference, 
and this amendment would allow us to do that. The entire world will 
benefit from a democratic and prosperous Iraq. The entire world has an 
obligation to help us build a better future for the Iraqi people.
  As the President noted just last month in his address about his 
administration's efforts in Iraq, ``we are committed to expanding 
international cooperation in the reconstruction and security of Iraq.'' 
This amendment provides the President the leverage to make that promise 
a reality.
  I hope our colleagues will endorse this amendment on a bipartisan 
basis.

[[Page 24563]]

This is simply an opportunity for us to say from here on out, 
regardless of what you may think of the $87 billion, the time has come 
for the international community to participate, and it is critically 
important that we send that message to the donors' conference when we 
have that occasion to do so later on this month.
  I yield the floor.
  The PRESIDING OFFICER. Under the previous order, the Senator from 
California is recognized.
  Mrs. FEINSTEIN. Thank you very much, Madam President.


                           Amendment No. 1848

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

       The Senator from California [Mrs. Feinstein], for herself 
     and Mrs. Boxer, Mrs. Clinton, Mr. Durbin, Mr. Johnson, and 
     Mrs. Murray, proposes an amendment numbered 1848.

  Mrs. FEINSTEIN. 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 require reports on the United States strategy for relief 
 and reconstruction efforts in Iraq, and to limit the availability of 
certain funds for those efforts pending determinations by the President 
      that the objectives and deadlines for those efforts will be 
                        substantially achieved)

       Strike section 2309 and insert the following:
       Sec. 2309. (a) Limitation on Availability of Funds for 
     Relief and Reconstruction in Iraq Pending Determinations by 
     the President.--Notwithstanding any other provision of this 
     Act, of the amount appropriated by this title under the 
     heading ``Iraq Relief and Reconstruction Fund''--
       (1) $6,770,000,000 shall be available 120 days after the 
     date of the enactment of this Act, but only if the President 
     determines under subsection (b)(1) that the objectives and 
     associated deadlines referred to in that subsection have been 
     substantially met; and
       (2) $6,770,000,000 shall be available 240 days after the 
     date of the enactment of this Act, but only if the President 
     determines under subsection (b)(2) that the objectives and 
     associated deadlines referred to in that subsection have been 
     substantially met.
       (b) Determinations.--(1) Not later than 120 days after the 
     date of the enactment of this Act, the President shall 
     determine whether or not the objectives, and associated 
     deadlines, for relief and reconstruction efforts in Iraq, as 
     specified in the report under subsection (c), have been 
     substantially met.
       (2) Not later than 240 days after the date of the enactment 
     of this Act, the President shall determine whether or not the 
     objectives, and associated deadlines, for relief and 
     reconstruction efforts in Iraq, as specified in the most 
     current report under subsection (d), have been substantially 
     met.
       (c) Initial Report on Relief and Reconstruction.--Not later 
     than 60 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.
       (d) Subsequent Reports on Relief and Reconstruction.--(1) 
     Not later than 60 days after the submittal of the report 
     required by subsection (c), 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 (c), 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, and an estimated schedule of United States 
     troop strengths in Iraq for each ensuing 120-day period.

  Mrs. FEINSTEIN. Madam President, I believe this amendment to this 
supplemental would provide some additional transparency and oversight 
as to how the $20.3 billion in reconstruction funding is spent. The 
amendment essentially releases the appropriation of the $20.3 billion 
in three tranches. These tranches are not fenced, but they are 
conditioned on the President presenting a reconstruction plan to 
Congress with specific goals and timetables, and reporting to Congress 
on how that plan is being implemented.
  The amendment began as a bipartisan amendment. Unfortunately, at this 
stage it is not, but it is cosponsored by Senators Murray, Durbin, 
Johnson, Clinton, and Boxer.
  Specifically, the amendment would provide for the immediate release 
of one-third of the $20.3 billion for reconstruction in Iraq--that is 
$6.77 billion--with the President required to provide Congress with a 
comprehensive plan for Iraqi reconstruction. The plan would include 
goals and timetables for specific reconstruction activities.
  Second, it would provide for the release of the remaining $13.54 
billion requested in two equal disbursements of $6.77 billion, the 
second tranche after 120 days--or 4 months--and the final after 240 
days. Both disbursements would be subject to a Presidential 
determination that the goals and timetables spelled out in these 
detailed reports are being met.
  Third, this would require that the President submit reports to 
Congress every 60 days about how the money is spent.
  What is the purpose of this? This is a lot of money. The American 
public are divided on whether we should spend $20 billion 
reconstructing Iraq or we should give it for deficit reduction or to 
priorities in this country. There is no plan. We do not know exactly 
how this money is going to be spent.
  What this amendment aims to do is provide a mechanism for both a 
certification process by the President that the goals and timetables 
are being met and for regular reports to this Congress about how that 
is taking place. That does not seem to me to be too much to ask.
  In doing so, it also gives us the ability to review how the money is 
being spent, what costs are being incurred, who else is contributing, 
and what progress is being made in meeting important security, 
political, and economic reconstruction milestones. These are 
significant improvements.
  It is hard for me to understand why the administration does not want 
this to be done, why the administration expects to be given a blank 
check, and this body that is charged with the purse strings is not able 
to carry out diligent oversight.

[[Page 24564]]

  There may be a significant disagreement among Members of the Senate 
about the wisdom of a course of action which has led us to this point 
in Iraq. But now that the United States is in Iraq, it is clear to me 
we must stay the course. We must rebuild the infrastructure. We must 
prevent civil war. We must see to it that Iraq does not become a base 
for terror and instability throughout the region.
  Indeed, from a national security perspective, I strongly believe the 
United States cannot turn tail and run. Instead, we must see to it that 
a stable governmental structure and a viable economy, apart from 
Saddam's tyrannical dictatorship, can in fact be put in place. If the 
United States were to pull out without completing the job--which 
rejection of the supplemental would mean--I believe Iraq would 
inevitably see civil war and a return to the Baathist regime, perhaps 
headed by someone as bad as or worse than Saddam Hussein. If the United 
States were to cut and run, as we did in Lebanon, or more recently in 
Somalia, we would send precisely the wrong message to both our friends 
and our foes around the world.
  For many, the challenges we now face in Iraq illustrate the 
shortcomings of a doctrine of unilateral preemption and preventive war 
to deal with an asymmetrical threat. When we use force against a state 
to seek regime change, we are left with the inescapable reality and 
role that we have today, and that is nation building. There is no other 
way to put it. But once there, we must complete the task.
  As much as I may wish we could structure this package as loans, that 
there be greater international contributions to the reconstruction 
effort, that Iraqi oil could be quickly brought on line to underwrite 
costs, that some of the funds earmarked to be spent in Iraq could be 
spent on domestic priorities instead, or that we pay for this 
supplemental by deferring a large tax cut for Americans earning more 
than $340,000 a year, thus far, all those options have been debated and 
voted down in this body. I voted for all these amendments, both in 
committee and on the floor.
  But today the United States has an inescapable responsibility in 
Iraq. It is clear to me that now we are there, we must win the peace. 
However, we, as a Senate, also have a responsibility, to know what the 
plan is, to be able to buy into that plan, to understand the goals and 
the timetables of this reconstruction effort, to know when a 
constitution will be written, to know when a government can be turned 
over, and to understand what specific projects are going to be 
undertaken.
  This amendment asks for nothing more than that. It is justified, I 
believe, because it does just that. I had five Republican sponsors. 
Apparently they were weaned off by the White House. But this resolution 
was carefully crafted not to create a problem for the administration 
but to say, as a Senate, we have an absolute right to know the details, 
to know the timelines, to know the plans, and you, Mr. President, have 
an obligation to report to us on what they are and to certify that what 
you say is actually happening. That is all this amendment does. It does 
not fence funds. It does not require another vote by this body. But it 
does say, if we support you, you have an obligation to let us know what 
you are doing, how you are doing it, and the timelines of completing 
the mission. I don't think that is too much to ask.
  Along with my prior cosponsors, before they dropped off, we worked 
hard on this. This was negotiated not to present an encumbrance but to 
present a justifiable reporting requirement with certification by the 
President. The only thing was that the money would be released in three 
equal tranches 4 months apart.
  I have a very hard time, unless people do not want to say what they 
are doing, as to why this amendment would not be acceptable to the 
other side of this aisle as well as to this side of this aisle. It is 
my sincere hope that by some miracle we could get that concurrence.
  The work we have yet to do in Iraq is consequential. How do we 
stabilize Iraq? It is a nation with a long and bloody history of tribal 
rivalries. It has known only despotism and tyranny. How do we plant the 
seeds of democracy? What is the timeline for that? This country has 
never known democracy. How do we rebuild an economy shattered by years 
of neglect, repression, and war? I believe we can accomplish this job. 
Iraq could well become a beacon of stability in this volatile area. But 
it is a tall order.
  In conclusion, I believe the amendment is a well-thought-out approach 
that gives Congress and the American people a more meaningful and 
substantive oversight role in the reconstruction of Iraq and it says to 
this administration, we will work with you, we will stay the course, 
but the American people must know where that course will lead us and 
how we are going to get there. This amendment asks for no more and no 
less.
  I yield the floor.
  Mr. STEVENS. Will the Senator respond to a question?
  Mrs. FEINSTEIN. I would be happy to.
  Mr. STEVENS. Is it the Senator's intention that the money, one-third, 
be available at the end of 120 days?
  Mrs. FEINSTEIN. No; the first one-third right away; the second third 
4 months later; the third third in another 4 months. At 120, 240 days.
  Mr. STEVENS. I thank the Senator.
  Mrs. FEINSTEIN. I request the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. STEVENS. I state for the information of Senators, we will make 
some agreements concerning time for the vote to take place tomorrow on 
the Senator's amendment.
  I will oppose the amendment. It is an amendment that would limit the 
discretion and use of these funds. These funds are designed to as 
quickly as possible bring about the reconstruction of Iraq and the 
training of Iraqis to take over their own affairs, to defend 
themselves, to provide their own security, provide their own water, 
provide their own electricity, run their own schools--a whole series of 
things to have this money available, as the Senator says, in the 
tranches. We can do so much for 120 days. You have to wait for another 
120 days before you can have the next money, and another 120 days for 
the next money.
  Now, when you look at that, what it really means is you are going to 
have to decide we are going to be there for at least a year just doing 
what is designed in this process to be an upfront program to move 
quickly as possible to turn this government back to them.
  I think that is a restriction on the use of these funds that would 
hamper the ability of Ambassador Bremer and General Abizaid to carry 
out their instructions they have already received from the Congress and 
the instructions that are generally contained in this bill.
  It is my intention to speak further on the amendment tomorrow, but 
just so there would be no question about it, I will oppose the 
Senator's amendment and urge that it be defeated. It remains to be seen 
whether I will ask to table the amendment or to just have a vote on it. 
We will determine that tomorrow.
  But I do thank the Senator for her response to my question, and I 
yield the floor on this matter.
  The PRESIDING OFFICER (Mr. Coleman). The Senator from California.
  Mrs. FEINSTEIN. Mr. President, I believe the yeas and nays were 
granted, so there will be a vote; is that not correct?
  Mr. STEVENS. There will be a vote, but we will confer with the 
Senator when that vote will occur sometime tomorrow. Last-vote notices 
have gone out for tonight.
  Mrs. FEINSTEIN. I thank the Senator.
  Mr. President, I would like to make one further point, just to debate 
this. There are many of us who believe the very size of the 
supplemental means we are going to be in Iraq for a substantial period 
of time, and, most probably, the

[[Page 24565]]

supplemental is meant to run through the election. That is the 
inescapable real life that we live.
  So we look at this effort as one that is a joint effort between the 
White House and this Senate and this House in the sense that we are 
prepared to stay the course provided you share with us what the plan 
is, what the goals are, what the timetables for achieving the mission, 
in effect, are.
  It is hard for me to understand how more than $6 billion could be 
used in a 4-month period. So nothing is held up. It is three equal 
tranches. I have a hard time, with what I do know about it, envisioning 
more than $6 billion being spent in a 4-month period.
  So I do not believe this amendment is any kind of an encumbrance on 
the administration at all. It is simply a request for oversight, which 
I believe is our constitutional duty.
  Mr. STEVENS. 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. NELSON of Florida. 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. NELSON of Florida. Mr. President, I ask unanimous consent to set 
aside the pending amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 1858

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

       The Senator from Florida [Mr. Nelson] proposes an amendment 
     numbered 1858.

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

  (Purpose: To set aside from certain amounts available for the Iraq 
 Relief and Reconstruction Fund, $10,000,000 for the Family Readiness 
                     Program of the National Guard)

       At the end of title II, add the following:
       Sec. 2313. Of the amounts appropriated by chapter 2 of this 
     title under the heading ``OTHER BILATERAL ECONOMIC ASSISTANCE 
     FUNDS APPROPRIATED TO THE PRESIDENT'' under the heading 
     ``Iraq Relief and Reconstruction Fund'', other than amounts 
     available under such heading for security (including public 
     safety requirements, national security, and justice), 
     $10,000,000 shall be available only for the Family Readiness 
     Program of the National Guard.

  Mr. NELSON of Florida. Mr. President, as many of our colleagues are 
aware, the National Guard has undergone a difficult year with their 
rapid mobilization and deployment to Iraq and a redeployment date that 
continues to slip. This has happened to the National Guard in State 
after State. It has particularly happened with regard to Florida. 
Florida was actually mobilized the day after Christmas. They went into 
the armories and started packing their gear. Many, of course, thought 
it was going to be a very short war, as it was. The military conflict 
was successfully prosecuted by General Tommy Franks. But all of them 
were clearly understanding there was the likely possibility they were 
going to be gone for a year. What they did not expect, with the 
occupation having been as difficult as it has, was that they were going 
to be extended, in some cases, up to 16, 17, and perhaps even 18 months 
from when they first came in to start packing up at the armory of their 
National Guard unit.
  In State after State, these National Guard units have been so 
effectively trained and, given the adequate and up-to-date equipment in 
the field, they have performed so admirably. That is clearly the case 
with the 124th Infantry, which consists of three battalions from 
Florida. They are so good, they want to continue to keep them. That is 
like a double-edged sword. Our Guard is so good, and yet they have 
families, they have employers, and they are making a financial 
sacrifice. They are prepared to do that. Now that we are offering these 
supplemental appropriations for Iraq, there is something we can do.
  It is my hope we are going to get to the point that the managers will 
accept this amendment. I have offered this amendment. I may not have to 
call for a vote because I think it might be accepted.
  This amendment provides $10 million for the Family Readiness Program. 
Right now that program does not have any funding. This program for the 
National Guard has 396 family assistance centers around the United 
States. These assistance centers are the primary point of assistance to 
the families on items such as unit information--this is the National 
Guard; this is not the regular Army--on referral to medical, financial, 
social services, and counseling for the families.
  Why do families need this assistance? Because often those families 
are suffering financial hardship. Their loved one as a civilian was 
earning a certain salary, and when they go on active duty, they are 
earning, in many cases, a much lower salary. Or, goodness gracious, 
let's not hope they are self-employed and that business is not being 
tended to while they are being extended. They all understood the 
sacrifice they were going to make, and they were willing to make that 
sacrifice because they are loyal citizens ready to fight for the 
interests of their country.
  The simple fact is, they need some assistance through these family 
assistance centers, and there is no funding set aside for this critical 
task.
  Out of the $15 billion--not the $20 billion because $5 billion of 
that is going to assist in building up an Iraqi security and police 
force--but out of the remaining $15 billion of the $87 billion 
supplemental appropriations, that is going to reconstruction, the 
infrastructure needs in Iraq, I respectfully suggest to our colleagues 
that we need to put some money into these family assistance centers 
through the Family Readiness Program of the National Guard.
  In August and just recently during the last recess when I was home, I 
ended up having 25 town hall meetings. I met with innumerable families. 
I am telling you, the support from these family assistance centers is 
often their Rock of Gibraltar, where they get information, where they 
share with each other, where, if they are in financial distress, they 
can get counseling, and if the financial distress leads to medical 
problems, they can get the right medical referrals. This is the least 
we can do for our people whose loved ones back home are often taking 
the brunt.
  Today I seek support for those soldiers in the National Guard who 
have supported our mission in Iraq so bravely and are serving far from 
home and their loved ones.
  I will stop my comments right there. I could go on. Does the manager 
of the bill have any questions for me? I will be happy to respond. I 
yield to the manager, the Senator from Montana.
  Mr. BURNS. The Senator from Florida has explained his amendment very 
well. I have no questions.
  Mr. NELSON of Florida. Then, Mr. President, I yield the floor and, at 
the appropriate time, I will call for the vote, unless it is the 
pleasure of the managers of the bill that they want to accept the 
amendment as part of a package.
  Mr. BURNS. 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. REID. 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. REID. Mr. President, I ask that the pending amendment be set 
aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 1859

  Mr. REID. I send an amendment to the desk on behalf of Senator 
Landrieu.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid], for Ms. Landrieu, 
     proposes an amendment numbered 1859.


[[Page 24566]]

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

   (Purpose: To promote the establishment of an Iraq Reconstruction 
    Finance Authority and the use of Iraqi oil revenues to pay for 
                        reconstruction in Iraq)

       On page 38, between lines 20 and 21, insert the following 
     new section:
       Sec. 2313. (a) The President shall direct the head of the 
     Coalition Provisional Authority in Iraq, in coordination with 
     the Governing Council of Iraq or a successor governing 
     authority in Iraq, to establish an Iraq Reconstruction 
     Finance Authority. The purpose of the Iraq Reconstruction 
     Finance Authority shall be to obtain financing for the 
     reconstruction of the infrastructure in Iraq by 
     collateralizing the revenue from future sales of oil 
     extracted in Iraq. The Iraq Reconstruction Finance Authority 
     shall obtain financing for the reconstruction of the 
     infrastructure in Iraq through--
       (1)(A) issuing securities or other financial instruments; 
     or
       (B) obtaining loans on the open market from private banks 
     or international financial institutions; and
       (2) to the maximum extent possible, securitizing or 
     collateralizing such securities, instruments, or loans with 
     the revenue from the future sales of oil extracted in Iraq.
       (b) It is the policy of the United States that payment of 
     the cost of reconstruction in Iraq, other than payment made 
     with funds made available in this title under the subheading 
     ``Iraq Relief and Reconstruction Fund'' under the heading 
     ``OTHER BILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO 
     THE PRESIDENT'' or made available by a foreign country or an 
     appropriate international organization, should be the 
     responsibility of the Iraq Reconstruction Finance Authority.

  Ms. LANDRIEU. Mr. President, the amendment establishes the Iraq 
Reconstruction Finance Authority. The amendment states the United 
States will not commit further grants toward Iraq's reconstruction 
beyond the $20.3 billion requested by the President. Any further 
monetary commitments by the United States should be secured through the 
Iraq Reconstruction Finance Authority using Iraq's revenues from oil 
production. This amendment does not cut the $20.3 billion requested by 
President Bush.
  There can be no doubt that America must participate in Iraq's 
reconstruction. However, direct grants are not the only means of 
providing reconstruction dollars.
  RAND reports that U.S. post-war reconstruction efforts in seven 
conflicts since World War II have averaged 7 years in duration. We must 
develop a sustainable means of financing Iraq's reconstruction. The 
American people will not support giving money to Iraq for 7 years when 
Iraq possesses well over 112 billion barrels of oil, valued at least 
$2.5 trillion at $22 a barrel, that could be used to finance Iraq's 
reconstruction. RAND and the World Bank report Iraq's reconstruction 
will cost at least another $36 billion. The Institute of International 
Finance says the price tag will hit $75 billion. Ambassador Bremer 
testified before the Appropriations Committee that the administration 
will ask for little or no money next year for Iraq's reconstruction, 
yet non-partisan studies indicate more funding will be necessary.
  Conservative estimates say Iraq has 112 billion barrels of oil in its 
reserve, with possibly the same amount undiscovered. Conservative 
estimates say Iraq will generate $28 billion in oil revenues in 2004, 
3.5 million barrels at $22 a barrel. Oil closed at $32 a barrel last 
night. Iraq is capable of generating billions in revenue each year so 
that Iraq can be a partner with the United States and the international 
community in its own reconstruction.
  What worked in the Marshall plan should work in Iraq's 
reconstruction. Germany's vast coal resources were pledged to secure 
the matching requirements of the U.S. Government contained in the 
Marshall plan.
  The PRESIDING OFFICER. The Senator from Montana.
  Mr. BURNS. Mr. President, I ask unanimous consent that the pending 
amendment be set aside.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.

                          ____________________