[Congressional Record (Bound Edition), Volume 155 (2009), Part 10]
[Senate]
[Pages 12963-12968]
[From the U.S. Government Publishing Office, www.gpo.gov]




            SUPPLEMENTAL APPROPRIATIONS ACT, 2009--Continued


                           Amendment No. 1136

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume consideration of H.R. 2346, and there will be 10 minutes of 
debate prior to a vote in relation to amendment No. 1136 offered by the 
Senator from Kentucky, Mr. McConnell.
  The Senator from Illinois.
  Mr. DURBIN. Mr. President, I urge my colleagues to take a close look 
at Senator Mitch McConnell's amendment, which is next up to be 
considered. Particularly, I ask you to turn to page 3 of this 
amendment. You will find in the first paragraph on page 3 a troubling 
requirement which Senator McConnell will make of this administration.
  What Senator McConnell is asking is that 60 days from the passage of 
this bill and every 90 days thereafter, the President of the United 
States provide to Members of the Senate and the House:

       a current summary of the evidence, intelligence, and 
     information used to justify the detention of each detainee 
     listed under paragraph (1) at Naval Station Guantanamo Bay.

  It is not enough for Senator McConnell to ask for the identity of 
these people, the countries they are from, the likelihood they will be 
transferred to some other place, the likelihood they might be engaged 
in terrorism, he is asking for the President to disclose the work 
product of the prosecutors who are holding these detainees and 
determining whether a criminal case can be brought against them. For 
what earthly purpose? Why would we possibly want to jeopardize the 
prosecution of someone who may be guilty of terrorism or a crime 
threatening the United States? To satisfy our curiosity? I think it is 
a mistake.
  I will tell my colleagues, if it is sent to us even in classified 
form, it might be leaked. In addition, if a trial should follow, one of 
the first discovery motions from any defendant is this information: 
Judge, if the President can share this information with 535 Members of 
Congress, the defendant should be able to see the information as well. 
Why would we possibly want to jeopardize a prosecution to satisfy the 
curiosity of the Senator from Kentucky, or any Senator for that matter?
  This paragraph should have been stricken. The rest of it you may find 
good or bad, but this is a dangerous paragraph.
  I reserve the remainder of my time.
  The PRESIDING OFFICER. The Republican leader is recognized.
  Mr. McCONNELL. Mr. President, it is my understanding that earlier in 
the day my good friend from Illinois was suggesting that I had been a 
Johnny-come-lately on the issue of Guantanamo. So I would like to 
remind my colleagues that I offered an amendment 2 years ago right here 
on the floor of the Senate that passed 94 to 3 opposing bringing people 
at Guantanamo to the United States, and I believe my good friend from 
Illinois was not among the 3.
  I would also remind him that I differed with the opinion of the 
previous President that Guantanamo ought to be closed. I don't think it 
ought to be closed; I think it ought to be left open. I also have 
differed with other Republicans on our side who have believed that 
Guantanamo ought to be closed, but none of them have said: Until you 
have a game plan for what to do with them.
  We had the vote earlier today, with only six Senators dissenting on 
this Guantanamo issue and about whether there would be money not only 
in this bill but in any other bill spent for the purpose of bringing 
these detainees to the United States.
  Now let's talk about what this amendment does--the one the Senator 
from Illinois was just describing incorrectly, in my view. My amendment 
calls on the administration to share its findings with Congress in a 
classified report--a classified report--that would indicate the 
likelihood of detainees returning to terrorism--we know many of them 
have been doing that--the likelihood of their returning to terrorism. 
It would also report on any effort al-Qaida might be making to recruit 
detainees once they are released from U.S. custody. The last 
requirement is particularly important, given that many of the remaining 
240 detainees at Guantanamo are from Yemen, which has no rehabilitation 
program to speak of, and from Saudi Arabia which has a rehab program 
but which hasn't been entirely successful at keeping detainees from 
rejoining the fight after rehabilitation.
  This is a simple amendment that reflects the concerns that Americans 
have about the danger of releasing terrorists, either here or in their 
home countries, where they could then, of course, return to the fight. 
Until now, the administration has offered vague assurances--quite vague 
assurances--that it will not do anything to make Americans less safe. 
This amendment says Americans expect more than a vague assurance, and 
it would require it.
  Some have argued such a reporting requirement would reveal classified 
information. We just heard the Senator from Illinois say that. Nothing 
could be further from the truth. It would simply require the 
administration to share this information with a very limited, specific 
group in Congress with relevant oversight responsibilities which 
already has access to the most classified information imaginable--the 
very same people who already have access to this information.
  Some have said a reporting requirement isn't necessary. This is also 
false. First, because we know the recidivism rate of detainees who 
weren't even considered a serious threat--this is the people they let 
go because they didn't think they were a serious threat--12 percent of 
them have gone back to the fight. It is perfectly clear we need to know 
whether any of the current detainees who may be released in the future 
pose a similar or even greater threat of returning to the battle. 
Moreover, a reporting requirement has proven to be necessary by the 
simple fact that the administration has been so reluctant to share any 
details whatsoever about its plans for the inmates at Guantanamo.
  Senator Sessions, the ranking member of the Judiciary Committee, has 
made at least two formal requests for information from the Attorney 
General: First, in a letter of April 2 and, second, in a letter of 
April 4. To this day, Senator Sessions has not received a reply to 
either one. If the administration isn't willing to share information on 
these terrorists voluntarily, except, of course, with those folks in 
Europe, then Congress will have to require it through the kind of 
legislation my amendment represents.
  Some have argued this reporting requirement would also hinder 
prosecutions by making evidence public. We just heard that from my good 
friend from Illinois. This is also false for reasons I have already 
enumerated. It would only require a summary of the administration's 
findings, and the summary would only have to be shared with a small 
group--a very small group--of Members in a classified setting. This has 
never disrupted prosecutions in the past. It will not disrupt 
prosecutions in the future.
  Some have further suggested that a reporting requirement would be 
onerous. This is false. The administration says it already has begun 
its review of detainees. My amendment simply asks that it share with us 
the details of that review. Subsequent reports would be made on a 
quarterly basis, which is hardly onerous, particularly given the 
gravity of the issue.
  Americans would like to have assurance that the President's arbitrary 
deadline to close Guantanamo by next January will pose no threat to 
themselves or their families. In fact, just today--this very day--FBI 
Director Mueller testified before a House Judiciary Committee about his 
concerns that

[[Page 12964]]

detainees who are currently held at Guantanamo could present a serious 
risk not only upon transfer to their home countries but even upon 
transfer to maximum security prisons in the United States. He cited 
concerns for their ability to radicalize others and to conduct 
terrorist operations.
  As to the latter, he cited gang leaders who have been able to run 
their gangs from prison as proof that terrorists could--I will continue 
on leader time, Mr. President.
  The FBI Director just today cited the following: The possibility that 
gang leaders who have been able to run their gangs from prison as proof 
that terrorists could do the same. Imagine that. Terrorists in a prison 
in your home State organizing other prisoners.
  The Director of the FBI has access to classified information. We 
recognize him as one of our Nation's top law enforcement officials. He 
is someone who should be taken seriously. That is what he said today.
  Americans don't want terrorists plotting attacks against us anywhere. 
They certainly don't want them doing so in our backyards or down the 
road in the local prison. And Americans don't want terrorists whom we 
release attacking our service men and women overseas. That is why the 
administration should be required to let us know whether any terrorists 
released or transferred from Guantanamo pose a risk to our military 
servicemembers overseas. That is what my amendment would do.
  With all due respect to my friend from Illinois, any other 
characterization of it, I must suggest, would be inaccurate.
  I urge the approval of the amendment.
  Mr. DURBIN. Mr. President, how much time remains?
  The PRESIDING OFFICER. The Senator has 2\1/2\ minutes.
  Mr. DURBIN. Mr. President, I won't dwell on the double standard. I 
won't dwell on the fact that when President Bush suggested Guantanamo 
be closed, I don't recall a single Republican Senator--certainly not 
Senator McConnell or those who have spoken recently--objecting. I won't 
dwell on the fact that when there were releases of hundreds of 
detainees from Guantanamo, there was no requirement of an accounting by 
the Republican side of the aisle about these people and where they were 
headed. I certainly won't argue the double standard that this President 
has stepped forward and said he will come forward with a plan in detail 
of how to do this in a responsible way.
  Does anyone in this Chamber seriously believe President Obama would 
release a terrorist into their community, into their neighborhood? Can 
you really say that with a straight face? I don't think you can. The 
American people know better. This President is responsible. Like every 
President, he wants to protect us, and to suggest otherwise is not 
responsible.
  The Senator from Kentucky has discussed many things today. He has 
failed to note that we currently have in U.S. prisons 347 inmates being 
held for terrorism. Currently, in your Federal prison in your State in 
your backyard, in your neighborhood, according to the Senator from 
Kentucky, 347 convicted terrorists are in our prisons today--not at 
Guantanamo, in our prisons.
  I will get back to the bottom line. Why in the world would we 
jeopardize the prosecution of any detainee at Guantanamo with the 
requirement of the McConnell amendment that the President disclose 
evidence, intelligence, and information to justify the detention of the 
detainee? It is far better for us not to request that information and 
successfully prosecute that person than to satisfy the curiosity of the 
Senator from Kentucky.
  I yield the floor.
  Mr. McCONNELL. Mr. President, I wish to retain some of my leader time 
for rebuttal.
  Let me just use a moment of my leader time to reiterate the 
fundamental point. The Director of the FBI thinks this is a problem; he 
just said so today. I know the Senator from Illinois is a great lawyer 
and understands all of these matters fully. We think it is important 
for the relevant Members of Congress to be assured that these 
terrorists do not have the kind of profile that would warrant their 
release.
  This is not an attack on the current administration. The previous 
administration mistakenly released a number of detainees who went back 
to the battlefield. Why should we not learn from the experience of the 
past and apply it to the future? I hope my amendment will be adopted.
  Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be.
  The question is on agreeing to the amendment.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from West Virginia (Mr. 
Byrd), the Senator from Massachusetts (Mr. Kennedy), and the Senator 
from West Virginia (Mr. Rockefeller) are necessarily absent.
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Utah (Mr. Hatch).
  Further, if present and voting, the Senator from Utah (Mr. Hatch) 
would have voted ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 92, nays 3, as follows:

                      [Rollcall Vote No. 198 Leg.]

                                YEAS--92

     Akaka
     Alexander
     Barrasso
     Baucus
     Bayh
     Begich
     Bennet
     Bennett
     Bingaman
     Bond
     Boxer
     Brown
     Brownback
     Bunning
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coburn
     Cochran
     Collins
     Conrad
     Corker
     Cornyn
     Crapo
     DeMint
     Dodd
     Dorgan
     Ensign
     Enzi
     Feingold
     Feinstein
     Gillibrand
     Graham
     Grassley
     Gregg
     Hagan
     Harkin
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johanns
     Johnson
     Kaufman
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Levin
     Lieberman
     Lincoln
     Lugar
     Martinez
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Specter
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--3

     Burris
     Durbin
     Leahy

                             NOT VOTING--4

     Byrd
     Hatch
     Kennedy
     Rockefeller
  The amendment (No. 1136), as modified, was agreed to.


                    Amendment No. 1140, as Modified

  The PRESIDING OFFICER. Under the previous order, there will be 2 
minutes of debate prior to the vote in relation to amendment No. 1140, 
as modified, offered by the Senator from Kansas, Mr. Brownback.
  The Senator from Kansas is recognized.
  Mr. BROWNBACK. Mr. President, this is a very simple amendment. I hope 
we can get everybody's support. I wish to read it because it is so 
short, simple, and straightforward:

       It is the sense of the Senate that the Secretary of Defense 
     should consult with State and local government officials 
     before making any decision about where detainees at Naval 
     Station Guantanamo Bay, Cuba, might be transferred, housed, 
     or otherwise incarcerated as a result of the implementation 
     of the Executive Order of the President to close the 
     detention facilities at Naval Station Guantanamo Bay.

  We should all be for that. We put this as ``should'' instead of a 
requirement. In Leavenworth, KS, they are very concerned about this. 
They need to be consulted. In Alexandria, VA, the 20th hijacker, 
Moussaoui, was tried, and here is what the mayor of Alexandria said:

       We would be absolutely opposed to relocating Guantanamo 
     prisoners to Alexandria. We would do everything in our power 
     to lobby the President, the Governor, Congress, and everybody 
     else to stop it. We have had this experience and it was 
     unpleasant. Let someone else have it.

  I think we need to consult with the local communities and let them 
speak. That is why I urge a unanimous vote in

[[Page 12965]]

favor of this sense-of-the-Senate amendment.
  The PRESIDING OFFICER. Who yields time?
  The Senator from Hawaii is recognized.
  Mr. INOUYE. Mr. President, I am for it.
  I yield back the remainder of my time.
  The PRESIDING OFFICER. All time is yielded back.
  Mr. BROWNBACK. Mr. President, I ask for the yeas and nays.
  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 assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from West Virginia (Mr. 
Byrd), the Senator from Massachusetts (Mr. Kennedy), and the Senator 
from West Virginia (Mr. Rockefeller) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Utah (Mr. Hatch) and the Senator from Oklahoma (Mr. Coburn).
  Further, if present and voting, the Senator from Utah (Mr. Hatch) 
would have voted ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 94, nays 0, as follows:

                      [Rollcall Vote No. 199 Leg.]

                                YEAS--94

     Akaka
     Alexander
     Barrasso
     Baucus
     Bayh
     Begich
     Bennet
     Bennett
     Bingaman
     Bond
     Boxer
     Brown
     Brownback
     Bunning
     Burr
     Burris
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Cochran
     Collins
     Conrad
     Corker
     Cornyn
     Crapo
     DeMint
     Dodd
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Gillibrand
     Graham
     Grassley
     Gregg
     Hagan
     Harkin
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johanns
     Johnson
     Kaufman
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     Martinez
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Specter
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                             NOT VOTING--5

     Byrd
     Coburn
     Hatch
     Kennedy
     Rockefeller
  The amendment (No. 1140), as modified, was agreed to.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. Mr. President, I have conferred with the bill managers, and 
I am told this will be the last rollcall vote tonight. There is still 
opportunity for people to talk to the managers about amendments they 
wish to offer or try to work things out so they can accept them. 
Senator Inouye is willing to accept a number of amendments, but we need 
unanimous consent to do that.
  We are going to have a cloture vote probably about 10 or 10:30 in the 
morning. We will decide what time we are going to come in tomorrow 
morning--9 or 9:30--and have a cloture vote 1 hour after that. The 
Parliamentarians will be working tonight to find out what amendments 
are germane postcloture.


                           Amendment No. 1191

  Mr. LEAHY. Will the distinguished majority leader yield?
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, I want to call up an amendment and have it 
pending to H.R. 2346, an amendment numbered 1191.
  The PRESIDING OFFICER. Is there objection?
  Mrs. HUTCHISON. Mr. President, I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. LEAHY. Mr. President, I understand objection has been heard. 
Among the people on this amendment are Senator Gregg, Senator Shelby, 
myself, and Senators Kerry and Dodd, as well as Senator Lugar.
  Mrs. HUTCHISON. Mr. President, I withdraw my objection.
  Mr. LEAHY. I thank the Senator for withdrawing her objection. Again, 
I ask unanimous consent to call up amendment No. 1191 to the bill.
  The PRESIDING OFFICER. Is there any objection to setting aside the 
pending amendments?
  Without objection, the clerk will report.
  The legislative clerk read as follows:

       The Senator from Vermont [Mr. Leahy], for himself and Mr. 
     Kerry, proposes an amendment numbered 1191.

  Mr. LEAHY. 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 provide for consultation and reports to Congress regarding 
                    the International Monetary Fund)

       On page 102, line 9, strike ``In'' and everything 
     thereafter through the end of line 14 on page 106, and insert 
     in lieu thereof the following:
       In order to carry out the purposes of a one-time decision 
     of the Executive Directors of the International Monetary Fund 
     (the Fund) to expand the resources of the New Arrangements to 
     Borrow, established pursuant to the decision of January 27, 
     1997 referred to in paragraph (1) above, and to make other 
     amendments to the New Arrangements to Borrow to achieve an 
     expanded and more flexible New Arrangements to Borrow as 
     contemplated by paragraph 17 of the G-20 Leaders' Statement 
     of April 2, 2009 in London, the Secretary of the Treasury is 
     authorized to instruct the United States Executive Director 
     to consent to such amendments notwithstanding subsection (d) 
     of this section, and to make loans, in an amount not to 
     exceed the dollar equivalent of 75,000,000,000 Special 
     Drawing Rights, in addition to any amounts previously 
     authorized under this section and limited to such amounts as 
     are provided in advance in appropriations Acts, except that 
     prior to activation, the Secretary of the Treasury shall 
     report to Congress on whether supplementary resources are 
     needed to forestall or cope with an impairment of the 
     international monetary system and whether the Fund has fully 
     explored other means of funding, to the Fund under article 
     VII, section 1(i), of the Articles of Agreement of the Fund: 
     Provided, That prior to instructing the United States 
     Executive Director to provide consent to such amendments, the 
     Secretary of the Treasury shall consult with the Committee on 
     Foreign Relations and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate and the Committee on Financial 
     Services of the House of Representatives on the amendments to 
     be made to the New Arrangements to Borrow, including 
     guidelines and criteria governing the use of its resources; 
     the countries that have made commitments to contribute to the 
     New Arrangements to Borrow and the amount of such 
     commitments; and the steps taken by the United States to 
     expand the number of countries so the United States share of 
     the expanded New Arrangements to Borrow is representative of 
     its share as of the date of enactment of this act: Provided 
     further, That any loan under the authority granted in this 
     subsection shall be made with due regard to the present and 
     prospective balance of payments and reserve position of the 
     United States.''
     and
       (2) in subsection (b)
       (A) by inserting ``(1)'' before ``For the purpose of;
       (B) by inserting ``subsection (a)(1) of after ``pursuant 
     to''; and
       (C) by adding at the end the following:
       ``(2) For the purpose of making loans to the International 
     Monetary Fund pursuant to subsection (a)(2) of this section, 
     there is hereby authorized to be appropriated not to exceed 
     the dollar equivalent of 75,000,000,000 Special Drawing 
     Rights, in addition to any amounts previously authorized 
     under this section, except that prior to activation the 
     Secretary of the Treasury shall report to Congress on whether 
     supplementary resources are needed to forestall or cope with 
     an impairment of the international monetary system and 
     whether the Fund has fully explored other means of funding, 
     to remain available until expended to meet calls by the Fund. 
     Any payments made to the United States by the Fund as a 
     repayment on account of the principal of a loan made under 
     this section shall continue to be available for loans to the 
     Fund.''.
       Sec. 1302. The Bretton Woods Agreements Act (22 U.S.C. 286 
     et seq.) is amended by adding at the end the following:

     ``SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE ARTICLES OF 
                   AGREEMENT OF THE FUND.

       ``The United States Governor of the Fund may agree to and 
     accept the amendments to the Articles of Agreement of the 
     Fund as proposed in the resolutions numbered 63-2 and 63-3 of 
     the Board of Governors of the

[[Page 12966]]

     Fund which were approved by such Board on April 28, 2008 and 
     May 5, 2008, respectively.''

     ``SEC. 65. QUOTA INCREASE.

       ``(a) In general.--The United States Governor of the Fund 
     may consent to an increase in the quota of the United States 
     in the Fund equivalent to 4,973,100,000 Special Drawing 
     Rights.
       (b) Subject to Appropriations.--The authority provided by 
     subsection (a) shall be effective only to such extent or in 
     such amounts as are provided in advance in appropriations 
     Acts.''

     ``SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT OF THE FUND'S 
                   GOLD.

       ``(a) The Secretary of the Treasury is authorized to 
     instruct the United States Executive Director of the Fund to 
     vote to approve the sale of up to 12,965,649 ounces of the 
     Fund's gold acquired since the second Amendment to the Fund's 
     Articles of Agreement, only if such sales are consistent with 
     the guidelines agreed to by the Executive Board of the Fund 
     described in the Report of the Managing Director to the 
     International Monetary and Financial Committee on a New 
     Income and Expenditure Framework for the International 
     Monetary Fund (April 9, 2008) to prevent disruption to the 
     world gold market: Provided, That at least 30 days prior to 
     any such vote, the Secretary shall consult with the Committee 
     on Foreign Relations and the Committee on Banking, Housing, 
     and Urban Affairs of the Senate and the Committee on 
     Financial Services of the House of Representatives regarding 
     the use of proceeds from the sale of such gold: Provided 
     further, That the Secretary of the Treasury shall seek to 
     ensure that:
       (1) the Fund will provide support to low-income countries 
     that are eligible for the Poverty Reduction and Growth 
     Facility or other low- income lending from the Fund by making 
     available Fund resources of not less than $4 billion;
       (2) such Fund resources referenced above will be used to 
     leverage additional support by a significant multiple to 
     provide loans with substantial concessionality and debt 
     service payment relief and/or grants, as appropriate to a 
     country's circumstances;
       (3) support provided through forgiveness of interest on 
     concessional loans will be provided for not less than two 
     years; and
       (4) the support provided to low-income countries occurs 
     within six years, a substantial amount of which shall occur 
     within the initial two years.
       (b) In addition to agreeing to and accepting the amendments 
     referred to in section 64 of this act relating to the use of 
     proceeds from the sale of such gold, the United States 
     Governor is authorized, consistent with subsection (a), to 
     take such actions as may be necessary, including those 
     referred to in section 5(e) of this act, to also use such 
     proceeds for the purpose of assisting low-income countries.''

     ``SEC. 67. ACCEPTANCE OF AMENDMENT TO THE ARTICLES OF 
                   AGREEMENT OF THE FUND.

       ``The United States Governor of the Fund may agree to and 
     accept the amendment to the Articles of Agreement of the Fund 
     as proposed in the resolution numbered 54-4 of the Board of 
     Governors of the Fund which was approved by such Board on 
     October 22, 1997: Provided, That not more than one year after 
     the acceptance of such amendments to the Fund's Articles of 
     Agreement, the Secretary of the Treasury shall submit a 
     report to the Committee on Foreign Relations and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives analyzing Special Drawing Rights, to 
     include a discussion of how those countries that 
     significantly use or acquire Special Drawing Rights in 
     accordance with Article XIX, Section 2(c), use or acquire 
     them; the extent to which countries experiencing balance of 
     payment difficulties exchange or use their Special Drawing 
     Rights to acquire reserve currencies; and the manner in which 
     those reserve currencies are acquired when utilizing Special 
     Drawing Rights.''

  Mr. LEAHY. Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Texas.


                           Amendment No. 1189

  Mrs. HUTCHISON. Mr. President, I would like to call up amendment No. 
1189, also for the purposes of having it pending, and then I would like 
to speak about what I am trying to do with the majority.
  The PRESIDING OFFICER. Is there objection?
  Without objection, the clerk will report.
  The legislative clerk read as follows:

       The Senator from Texas [Mrs. Hutchison] proposes an 
     amendment numbered 1189.

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

                   (Purpose: to protect auto dealers)

       At the appropriate place, insert the following new section:
       No funds shall be expended from the Treasury to an auto 
     manufacturer which has notified a dealership that it will be 
     terminated without providing at least 60 days for that 
     dealership to wind down its operations and sell its 
     inventory.

  Mrs. HUTCHISON. Mr. President, this amendment I have put on the 
table, and which is now pending, I think is so important because we 
must try to help the Chrysler dealers that have only gotten 3 weeks' 
notice to shut down. I am working with the Senators from Michigan who 
have concerns about whether this amendment would in any way delay the 
bankruptcy proceedings so that Chrysler can come out of that, and I do 
not want to disrupt that whole effort that is being made to help 
Chrysler. So we are working with the White House and with the Senators 
from Michigan and the people who are representing Chrysler to try to 
come up with language that will assure that nothing that we do would 
affect the timeliness of Chrysler being able to come out of bankruptcy 
and the courts.
  What we are trying to do, however, should not cost Chrysler anything. 
We want to try to move forward, if we can, to get this agreement and 
the correct language so as not to affect the bankruptcy in any way but 
to give these dealers more than 3 weeks' notice for shutting down a 
dealership that has been in their family or one that they own and in 
which they have made their investments. They are looking at bankruptcy 
too.
  Many times these dealerships are the largest employer in a whole 
community, in a whole county, and we know hundreds of them--over 700 
across this country, 789 on May 14--3 weeks' notice to shut down.
  I know we can do better in this country, Mr. President, and I want to 
work with everyone who is affected. I have talked to the chairman of 
the Banking Committee who has agreed to clear this if it meets all the 
tests so it will not hurt the bankruptcy. But these dealers are forced 
into bankruptcy too, and I hope we can give them just 60 days instead 
of 3 weeks. It is only adding 3 weeks. They will then have much more 
capability to have an orderly process to shut down their businesses. We 
are not trying to affect the decision. We are not trying to reach into 
Chrysler's decisions that they have made that will shut down these 
dealerships. We are just asking for 3 more weeks to let them shut down 
in, hopefully, a little bit better situation. Let them get some help to 
know what they have to do and to sell all the parts, all the equipment, 
and try to get their financial arrangements in order.
  This will also be good for the surviving dealerships because, 
hopefully, they are going to buy some of this equipment, and they will 
need financing to do that as well. Our taxpayers are funding a lot of 
auto manufacturers' operations. I think the least we can do for many of 
those people who are paying these taxes--and that is the dealers--is to 
give them a chance.
  I have a list of the number of dealers in these States that are 
getting shut down, and I am just asking for some kind of equity for 
them. It is not equity when they are going to be shut down anyway, but 
3 weeks is just not rational.
  So I don't want to hurt the Chrysler situation. I don't want to delay 
their bankruptcy. I don't want to in any way obstruct what they are 
trying to do because I want Chrysler to succeed. I do. So I am going to 
work with the Senators from Michigan, and I am going to work with the 
White House to try to come up with language that would say this doesn't 
delay the bankruptcy, and try to go forward and give these dealers that 
3 extra weeks--the 3 weeks that will help them have an orderly shutdown 
and, hopefully, keep their employees a little longer because this is a 
big hit to many people in this country--789 dealerships, 3 weeks' 
notice, Mr. President. I don't think that is the way our country should 
be operating in this crisis.
  Ms. MIKULSKI. Mr. President, will the Senator yield for a question?
  Mrs. HUTCHISON. I will be happy to yield.
  The PRESIDING OFFICER. The Senator from Maryland.

[[Page 12967]]


  Ms. MIKULSKI. I will only take a moment because I know the Senator 
from Oregon is on a tight schedule and wants to call up his amendment. 
But is the Senator proposing legislation?
  Mrs. HUTCHISON. I am proposing an amendment that would give just 3 
more weeks to the Chrysler dealers that are going to be shut down--3 
more weeks for that process.
  Ms. MIKULSKI. I thank the Senator for answering the question. I, too, 
am deeply troubled by the plight of these dealers, and I ask unanimous 
consent to be listed as a cosponsor of the amendment.
  Mrs. HUTCHISON. I thank the Senator, and I would be glad to list the 
Senator as a cosponsor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. HUTCHISON. Mr. President, I also ask unanimous consent that 
Senators Cochran, Brown, McCaskill, and Bond be listed as cosponsors.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Oregon.


                           Amendment No. 1185

  Mr. MERKLEY. Mr. President, I ask unanimous consent to set aside the 
pending amendment and call up amendment No. 1185, which is at the desk.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Oregon [Mr. Merkley] proposes an amendment 
     numbered 1185.

  Mr. MERKLEY. 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 express the sense of the Senate on the use by the 
 Department of Defense of funds in the Act for operations in Iraq in a 
    manner consistent with the United States-Iraq Status of Forces 
                               Agreement)

       At the appropriate place in title III, insert the 
     following:


         sense of senate on use of funds for operations in iraq

       Sec. 315.  It is the sense of the Senate that funds 
     appropriated or otherwise made available to the Department of 
     Defense by this title for operations in Iraq should be 
     utilized for those operations in a manner consistent with the 
     United States-Iraq Status of Forces Agreement, including 
     specifically that--
       (1) the United States combat mission in Iraq will end by 
     August 31, 2010;
       (2) any transitional force of the United States remaining 
     in Iraq after August 31, 2010, will have a mission consisting 
     of--
       (A) training, equipping, and advising Iraqi Security Forces 
     as long as they remain non-sectarian;
       (B) conducting targeted counter-terrorism missions; and
       (C) protecting the ongoing civilian and military efforts of 
     the United States within Iraq; and
       (3) through continuing redeployments of the transitional 
     force of the United States remaining in Iraq after August 31, 
     2010, all United States troops present in Iraq under the 
     United States-Iraq Status of Forces Agreement will be 
     redeployed from Iraq by December 31, 2011.

  Mr. MERKLEY. Mr. President, I ask unanimous consent that Senator 
Whitehouse be added as a cosponsor of the amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MERKLEY. Mr. President, the amendment I offer this evening is 
very straightforward. Put simply, I offer this amendment to support and 
affirm President Obama's plan to end the war in Iraq. This amendment 
expresses the sense of the Senate that the funding provided in this 
bill will be used in accordance with the United States-Iraq Status of 
Forces Agreement signed this past fall. This agreement--SOFA as it is 
often referred to--makes it clear that our combat mission in Iraq will 
end next summer.
  President Obama has been unwavering in his commitment to get our 
troops out of Iraq. He has repeatedly stated--and in very 
straightforward terms--that by August 31, 2010, our combat mission in 
Iraq will end. President Obama has gone further and declared that any 
troops remaining in Iraq after that date will be either training Iraqi 
forces, conducting targeted counterterrorism missions, or protecting 
U.S. personnel still in Iraq.
  After 6 years of intense military operations in Iraq, the time has 
come to empower the Iraqis to provide their own national security. We 
must continue to provide training to protect U.S. personnel in the 
country and to conduct narrowly focused counterinsurgency missions when 
necessary. The United States should also provide funding for projects 
that rebuild Iraq's infrastructure, strengthen its economy, and improve 
the living conditions of its citizens.
  Colleagues, next month, the 41st Brigade Combat Team of the Oregon 
National Guard will send 3,000 soldiers to Iraq. This is the largest 
deployment of the Oregon National Guard since World War II. I honor 
these men and women for their valiant and critical service, but I hope 
in the near future we will know that this is the last such deployment 
of our men and women we will send to Iraq.
  I urge adoption of this amendment.


                           Amendment No. 1138

  Mr. President, on behalf of Senator DeMint, I would like to call up 
amendment No. 1138 and ask that it be reported by number.
  The PRESIDING OFFICER. Is there objection to setting aside the 
pending amendment?
  Without objection, it is so ordered. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Oregon [Mr. Merkley], for Mr. DeMint, 
     proposes an amendment numbered 1138.

  Mr. MERKLEY. 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 strike the provisions relating to increased funding for 
                    the International Monetary Fund)

       Beginning on page 100, strike line 12 and all that follows 
     through page 107, line 21.

  The PRESIDING OFFICER. The Senator from Texas.
  Mrs. HUTCHISON. Mr. President, if I could interrupt the Senator from 
Oregon just to add two more cosponsors to amendment No. 1189. I ask 
unanimous consent to add Senator Lautenberg and Senator Menendez.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Oregon.


                    Amendment No. 1179, as Modified

  Mr. MERKLEY. Mr. President, I ask unanimous consent that the Kaufman 
amendment, No. 1179, be modified with the changes at the desk.
  The PRESIDING OFFICER. Is there objection? Without objection, the 
amendment is so modified.
  The amendment, as modified, is as follows:

       On page 71, between lines 13 and 14, insert the following:
       (g) Training in Civilian-Military Coordination.--The 
     Secretary of State, in consultation with the Secretary of 
     Defense and the Administrator of the United States Agency for 
     International Development, shall seek to ensure that civilian 
     personnel assigned to serve in Afghanistan receive civilian-
     military coordination training that focuses on 
     counterinsurgency and stability operations, and shall submit 
     a report to the Committees on Appropriations and Foreign 
     Relations of the Senate and the Committees on Appropriations 
     and Foreign Affairs of the House of Representatives not later 
     than 90 days after the date of the enactment of this Act 
     detailing how such training addresses current and future 
     civilian-military coordination requirements.

  Mr. MERKLEY. Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. BURRIS. Mr. President, I ask unanimous consent to speak as in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


          Amending the American Recovery and Reinvestment Act

  Mr. BURRIS. Mr. President, as I address the Chamber this evening, our 
great country is in the grips of an unprecedented economic crisis. In 
our lifetime, it has never been harder for American men and women to 
find a job, to get a loan, or to make ends meet. This Congress has 
boldly taken action in the form of a landmark stimulus package, but 
millions of Americans are still waiting and wondering. It

[[Page 12968]]

is a question I hear each and every time I travel home to Illinois: 
Where is our stimulus relief? They are waiting for help, waiting for 
results, waiting to fulfill the promise of the American dream, which 
suddenly seems just out of reach. It is our duty to provide relief in a 
timely manner, Mr. President. But in the rush to allocate stimulus 
funds, we must not be too hasty. As we work to get this economy back on 
track, we need to make sure that every dollar--every dollar--is spent 
wisely.
  I have vast experience in this area. During my three terms as 
Comptroller of the State of Illinois, I worked hard to maintain 
accountability as money was distributed, so I know how difficult it is.
  I will also understand the importance of transparency and robust 
oversight. That is why I, along with my colleagues, Chairman Lieberman, 
Ranking Member Collins, and Senator McCaskill, have introduced S. 104, 
the Enhanced Oversight of State and Local Economic Recovery Act to 
amend the American Recovery and Reinvestment Act. This measure would 
set aside up to one-half of 1 percent of all the stimulus funds and 
allow State and local governments to use this administrative expense 
reserve to distribute and track the stimulus money as it is received 
and spent.
  These costs are currently unfunded, leaving taxpayers with no 
concrete assurance that their money is being efficiently delivered to 
where it is most needed. Our legislation would change that, mandating 
careful oversight and strict regulation as every dollar is spent. This 
measure represents common sense and simple good governance. I urge my 
colleagues to join me as we work to ensure transparency and 
accountability.
  This bill would be an excellent start, but I think we should even go 
further. The American people demand not just basic reform but a 
sweeping expansion of oversight and accountability for their stimulus 
dollars. When this Congress passed the American Recovery and 
Reinvestment Act, and President Obama signed it into law, we took a 
bold step toward starting to rebuild our economy. But we must ensure 
that our efforts are not penny wise and pound foolish. Without 
transparency, without accountability, without oversight, we will not be 
effective. We cannot allow billions of dollars to disappear blindly 
into State treasuries. Perhaps these dollars would be spent wisely, 
perhaps not. Perhaps is not good enough for the American people and it 
is also not good enough for me. As a former comptroller, I know better 
than to simply trust that these funds will be put to good use. That is 
why I have introduced this bill, to make available the funds to track 
and regulate every dollar of taxpayers' money, to keep government 
officials honest and accountable to the people they serve.
  We owe it to the hard-working men and women of this country to send 
targeted relief on swift wings, and this legislation is an essential 
part of that.
  I thank Chairman Lieberman, Ranking Member Collins, and my friend 
from the great State of Missouri, Senator McCaskill, for joining me in 
this effort. I ask all my colleagues to support this essential 
legislation. We must act without delay.
  I yield the floor.
  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. BENNET. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 1167

  Mr. BENNET. Mr. President, I ask unanimous consent to set aside the 
pending amendments so that I may call up my amendment No. 1167.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Colorado [Mr. Bennet], for himself, and 
     Mr. Casey, proposes an amendment numbered 1167.

  The amendment is as follows:

   (Purpose: To require the exclusion of combat pay from income for 
 purposes of determining eligibility for child nutrition programs and 
  the special supplemental nutrition program for women, infants, and 
                               children)

       On page 4, between lines 2 and 3, insert the following:

     SEC. 103. MILITARY FAMILY NUTRITION PROTECTION.

       (a) Child Nutrition Programs.--Section 9(b) of the Richard 
     B. Russell National School Lunch Act (42 U.S.C. 1758(b)) is 
     amended by adding at the end the following:
       ``(14) Combat pay.--
       ``(A) Definition of combat pay.--In this paragraph, the 
     term `combat pay' means any additional payment under chapter 
     5 of title 37, United States Code, or otherwise designated by 
     the Secretary to be appropriate for exclusion under this 
     paragraph, that is received by or from a member of the United 
     States Armed Forces deployed to a designated combat zone, if 
     the additional pay--
       ``(i) is the result of deployment to or service in a combat 
     zone; and
       ``(ii) was not received immediately prior to serving in a 
     combat zone.
       ``(B) Exclusion.--Combat pay shall not be considered to be 
     income for the purpose of determining the eligibility for 
     free or reduced price meals of a child who is a member of the 
     household of a member of the United States Armed Forces.''.
       (b) Special Supplemental Nutrition Program for Women, 
     Infants, and Children.--Section 17(d)(2) of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)) is amended--
       (1) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (2) by inserting after subparagraph (B) the following:
       ``(C) Combat pay.--For the purpose of determining income 
     eligibility under this section, a State agency shall exclude 
     from income any additional payment under chapter 5 of title 
     37, United States Code, or otherwise designated by the 
     Secretary to be appropriate for exclusion under this 
     subparagraph, that is received by or from a member of the 
     United States Armed Forces deployed to a designated combat 
     zone, if the additional pay--
       ``(i) is the result of deployment to or service in a combat 
     zone; and
       ``(ii) was not received immediately prior to serving in a 
     combat zone.''.

  Mr. BENNET. Mr. President, my amendment ensures that active-duty 
soldiers do not lose family benefits, nutrition benefits that they have 
come to count on. It is wrong that a combat family would actually loose 
WIC benefits and child nutrition benefits just because the military 
loved one gets called up.
  I thank my colleagues Senators Johanns and Casey for their support of 
this amendment. I appreciate the great work of the chairman on this 
important piece of legislation.
  I urge, at the appropriate time, adoption of the amendment.
  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. 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.


                Amendment No. 1201 to Amendment No. 1167

  Mr. REID. Mr. President, I have an amendment at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid] proposes an amendment 
     numbered 1201 to amendment No. 1167.

  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:

       At the end of the amendment, add the following:
       This section shall become effective 3 days after enactment.

  Mr. INOUYE. Mr. President, I certify that the information required by 
Senate rule XLIV, related to congressionally directed spending has been 
available on a publicly accessible congressional Web site in a 
searchable format at least 48 hours before a vote on the pending bill.

                          ____________________