To require reports on U.S. operations in Iraq.

TEXT OF AMENDMENTS

SA 1267. Mr. ALLARD (for himself, Mr. Nelson of Florida, Mr.
Campbell, and Mr. Sessions) submitted an amendment intended to be
proposed by him to the bill H.R. 2658, making appropriations for the
Department of Defense for the fiscal year ending September 30, 2004,
and for other purposes; which was ordered to lie on the table; as
follows:

On page 120, between lines 17 and 18, insert the following:
Sec. 8124. Of the total amount appropriated by title III
under the heading ``Missile Procurement, Air Force'', up to
$10,000,000 may be used for assured access to space in
addition to the amount available under such heading for the
Evolved Expendable Launch Vehicle.
______

SA 1268. Mr. BINGAMAN (for himself, Mr. Specter, Mr. Daschle, Mr.
Byrd, Mr. Leahy, Mr. Levin, Mr. Rockefeller, Mr. Corzine, Mr. Durbin,
and Mr. Carper) proposed an amendment to the bill H.R. 2658, making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

Insert after section 8123 the following:
Sec. 8124. (a) Report on Individuals Detained as Enemy
Combatants by United States Government.--Not later than 90
days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the appropriate
committees of Congress a report on the individuals being
detained by the United States Government as enemy combatants.
(b) Elements.--Except as provided in subsection (c), the
report under subsection (a) shall set forth the following:
(1) The name and nationality of each individual being
detained by the United States Government as an enemy
combatant.
(2) With respect to each such individual--
(A) a statement whether the United States Government
intends to charge, repatriate, or release such individual; or
(B) if a determination has not been made whether to charge,
repatriate, or release such individual, a description of the
procedures (including the schedule) to be employed by the
United States Government to determine whether to charge,
repatriate, or release such individual.
(3) With respect to each such individual who the United
States Government intends to charge, the schedule for the
filing of the charges and the trial of such individual.
(c) Classification of Certain Individuals.--(1) If the
Secretary determines that the inclusion of an individual in
the report under subsection (a) would harm the national
security of the United States, the Secretary may include such
individual in a classified annex.
(2) Determinations under paragraph (1) shall be made on a
case-by-case basis.
(3) If the Secretary determines to omit one or more
individuals from the unclassified form of the report, the
Secretary shall include in the report an explanation of the
omission of the individual or individuals.
(d) Form.--The report under subsection (a) shall, to the
maximum extent practicable, be submitted in unclassified
form, but may include a classified annex.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committees on Armed Services and the Judiciary and
the Select Committee on Intelligence of the Senate; and
(B) the Committees on Armed Services and the Judiciary and
the Permanent Select Committee on Intelligence of the House
of Representatives.
(2) The term ``enemy combatant'' means--
(A) an individual held under the authority of the Military
Order of November 13, 2001 (Volume 66, No. 222, pages 57833-
57836 of the Federal Register); or
(B) an individual designated as an enemy combatant and held
under other legal authority.
______

SA 1269. Mr. DASCHLE (for himself, Mr. Graham of South Carolina, Mr.
Leahy, Mr. DeWine, Mr. Miller, Mr. Smith, Mrs. Clinton, and Ms.
Mikulski) proposed an amendment to the bill H.R. 2658, making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

At the appropriate place in the bill insert the following:

SEC.  . IN RECOGNITION OF THE NATIONAL GUARD AND RESERVE'S
CONTRIBUTIONS TO OUR NATIONAL SECURITY AND
EXPRESSING STRONG SUPPORT FOR THE SENATE'S
PREVIOUS BIPARTISAN VOTE TO PROVIDE THESE
FORCES ACCESS TO TRICARE.

(a) Findings.--The Senate makes the following findings:
(1) Forces in the U.S. National Guard and Reserve have made
and continue to make essential and effective contributions to
Operations Iraqi Freedom and other ongoing military
operations;

[[Page S9506]]

(2) More than 200,000 reserve personnel from the Army,
Navy, Air Force, Marine Corps, and Coast Guard are currently
serving their nation on active status;
(3) Our dependence on the National Guard and Reserve has
increased dramatically over the course of the past decade.
Annual duty days have grown from about 1 million in the late
1980s to more than 12 million in every year since 1996;
(4) While our dependence on the reserves has increased in
the post-Cold War era, their basic pay and benefits structure
has remained largely unchanged;
(5) Offering TRICARE to reservists for an affordable
monthly premium enhances our national security by improving
their medical readiness when called to duty, streamlining and
accelerating the mobilization process, and enhancing our
military's ability to recruit and retain qualified personnel
to reserve duty;
(6) The Congressional Budget Office, the official, non-
partisan scorekeeper of all congressional legislation, has
estimated the cost of this proposal at just over one-tenth of
one percent of the Administration's FY 2004 defense budget
request;
(7) On May 20, 2003, a strong majority of Senate Democrats
and Republicans joined together and voted 85-10 for an
amendment to the FY 2004 Defense Authorization bill to
provide reserve personnel and their families access to
TRICARE regardless of their current deployment status; and
(8) The Appropriations Committee indicated in its report
accompanying the FY 2004 Defense Appropriations bill that it
supports this proposal.
(b) Sense of the Senate.--It is the sense of the Senate
that:
(1) The National Guard and Reserve play a critical and
increasingly demanding role in protecting our national
security, and
(2) The Senate supports the Appropriations Committee
position as articulated in the report accompanying the FY
2004 Defense Appropriations bill and affirms its support for
providing Guard and Reserve personnel access to TRICARE.
______

SA 1270. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill H.R. 2658, making appropriations for the Department of
Defense for the fiscal year ending September 30, 2004, and for other
purposes; as follows:

On page 120, between lines 17 and 18, insert the following:
Sec. 8124. None of the funds appropriated by this Act may
be obligated or expended for any of the following programs,
projects, and activities:
(1) The canola oil fuel cell initiative.
(2) Shakespeare in America military communities.
(3) Control of brown tree snakes.
(4) The Academy for Closing and Avoiding Achievement Gaps.
(5) Hangar renovation at the former Griffis Air Force Base,
New York.
______

SA 1271. Mrs. BOXER (for herself, Ms. Landrieu, and Mrs. Murray)
proposed an amendment to the bill H.R. 2658, making appropriations for
the Department of Defense for the fiscal year ending September 30,
2004, and for other purposes; as follows:

At the appropriate place, add the following:

SEC.  .REPORTS ON IRAQ.

Not less than once every 30 days, the Secretary of Defense
shall submit a report to the congressional defense
committees, the House International Relations Committee, and
Senate Foreign Relations Committee that contains the
following information:
(a) Total and monthly costs of U.S. operations in Iraq,
(b) Number of U.S. military personnel serving in Iraq and
the immediate region,
(c) Total and monthly contributions made by foreign
governments and international organizations in support of
U.S. operations in Iraq,
(d) Number of foreign military personnel serving in support
of U.S. operations in Iraq,
(e) Defense articles and services offered by foreign
governments and international organizations in support of
U.S. operations in Iraq,
(f) Total number of U.S. casualties as a result of U.S.
operations in Iraq by date and cause,
(g) All contracts in excess of $10 million entered into by
the U.S. government for the reconstruction of Iraq.
______

SA 1272. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill H.R. 2658, making appropriations for the Department
of Defense for the fiscal year ending September 30, 2004, and for other
purposes; which was ordered to lie on the table; as follows:

On page 120, between lines 17 and 18, insert the following:
Sec. 8124. Not later than 30 days after the date of the
enactment of this Act, the President shall submit to Congress
an unclassified report (with a classified annex, if
necessary) on the United States strategy regarding activities
related to post-conflict security, humanitarian assistance,
governance, and reconstruction in Iraq that are undertaken as
a result of Operation Iraqi Freedom. The report shall include
the following:
(1) A schedule for the President to seek NATO
participation, as an organization of many nations, in ongoing
operations in Iraq.
(2) A schedule for the President to seek and obtain the
approval of a resolution of the United Nations Security
Council authorizing a multinational civil and security force
(including substantial participation by armed forces of NATO
member countries under unified command and control) to
guarantee the stability, democratization, and reconstruction
of Iraq.
(3) An estimate of the number of Armed Forces personnel
that are needed in Iraq to guarantee the stability and
reconstruction of Iraq, separately stated for each of the
Armed Forces and, within each of the Armed Forces, for each
of the components.
(4) An estimate of the number of personnel of armed forces
of foreign countries that are needed in Iraq to guarantee the
stability and reconstruction of Iraq.
______

SA 1273. Mr. KENNEDY (for himself and Mr. Leahy) proposed an
amendment to the bill H.R. 2658, making appropriations for the
Department of Defense for the fiscal year ending September 30, 2004,
and for other purposes; as follows:

On page 120, between lines 17 and 18, insert the following:
Sec. 8124. Not later than 30 days after the date of the
enactment of this Act, the President shall submit to Congress
an unclassified report (with a classified annex, if
necessary) on the United States strategy regarding activities
related to post-conflict security, humanitarian assistance,
governance, and reconstruction in Iraq that are undertaken as
a result of Operation Iraqi Freedom. The report shall include
the following:
(1) A schedule for the President to seek NATO
participation, as an organization of many nations, in ongoing
operations in Iraq.
(2) A schedule for the President to seek and obtain the
approval of a resolution of the United Nations Security
Council authorizing a multinational civil and security force
(including substantial participation by armed forces of NATO
member countries under unified command and control) to
guarantee the stability, democratization, and reconstruction
of Iraq.
(3) An estimate of the number of Armed Forces personnel
that are needed in Iraq to guarantee the stability and
reconstruction of Iraq, separately stated for each of the
Armed Forces and, within each of the Armed Forces, for each
of the components.
(4) An estimate of the number of personnel of armed forces
of foreign countries that are needed in Iraq to guarantee the
stability and reconstruction of Iraq.
(5) A statement and justification from the President for
his actions in seeking or failing to seek NATO participation
or a UN Security Council resolution.
______

SA 1274. Mr. NELSON of Florida submitted an amendment intended to be
proposed by him to the bill H.R. 2658, making appropriations for the
Department of Defense for the fiscal year ending September 30, 2004,
and for other purposes; which was ordered to lie on the table; as
follows:

Insert after section 8123 the following:
Sec. 8124. (a) Findings.--The Senate makes the following
findings:
(1) Naval Station Roosevelt Roads, Puerto Rico, is a
strategically important forward base for United States
military forces operating in the Caribbean Ocean and South
America.
(2) Naval Station Roosevelt Roads contributes significantly
to the operations of a series of ranges and locations in a
240,000 square mile area of the eastern Caribbean Ocean that
supports Navy readiness exercises, proficiency assessments,
and research, development, test, and evaluation activities.
(3) The 2005 round of defense base closure and realignment
under the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note) is intended to ensure the objective and careful
consideration of the current and future military value of
military installations, ranges, activities, and facilities in
determining the infrastructure requirements of the Armed
Forces.
(b) Sense of Senate.--It is the sense of the Senate that
the resolution of the disposition of Naval Station Roosevelt
Roads, Puerto Rico, should occur during the 2005 round of
defense base closure and realignment under the Defense Base
Closure and Realignment Act of 1990.
______

SA 1275. Mr. CORZINE proposed an amendment to the bill H.R. 2658,
making appropriations for the Department of Defense for the fiscal year
ending September 30, 2004, and for other purposes; as follows:

At the appropriate place insert the following:

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

SEC. 101. ESTABLISHMENT OF COMMISSION.

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

[[Page S9507]]

SEC. 102. FINDINGS.

(1) The Congress underscores its commitment to and support
for ongoing Congressional reviews regarding the collection
and analysis of intelligence to Iraq.

SEC. 103. PURPOSE.

The purposes of the Commission are to--
(1) examine and report upon the role of policymakers in the
development of intelligence related to Iraq and Operation
Iraqi Freedom;
(2) examine and report upon the use of intelligence related
to Iraq and Operation Iraqi Freedom;
(3) build upon the reviews of intelligence related to Iraq
and Operation Iraqi Freedom, including those being conducted
by the Executive Branch, Congress and other entities; and
(4) investigate and publicly report to the President and
Congress on its findings, conclusions, and recommendations.

SEC. 104. COMPOSITION OF THE COMMISSION.

(a) Members.--The Commission shall be composed of 12
members of whom--
(1) 3 members shall be appointed by the Speaker of the
House of Representatives;
(2) 3 members shall be appointed by the minority leader of
the Senate; and
(3) 3 members shall be appointed by the minority leader of
the House of Representatives.
(b) Chairperson; Vice Chairperson.--
(1) In general.--Subject to paragraph (2), the Chairperson
and Vice Chairperson of the Commission shall be elected by
the members.
(2) Political party affiliation.--The Chairperson and Vice
Chairperson shall not be from the same political party.
(c) Qualifications; Initial Meeting.--
(1) Qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in such professions as
intelligence, governmental service, the armed services, law
enforcement, and foreign affairs.
(2) Initial meeting.--Once six or more members of the
Commission have been appointed, those members who have been
appointed may meet and, if necessary, select a temporary
chairperson, who may begin the operations of the Commission,
including the hiring of staff.
(d) Quorum; Vacancies.--After its initial meeting, the
Commission shall meet upon the call of the chairperson or a
majority of its members. Six members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.

SEC. 105. FUNCTIONS OF THE COMMISSION.

The functions of the Commission are to--
(1) conduct an investigation that--
(A) investigates the development and use of intelligence
related to Iraq and Operation Iraqi Freedom; and
(B) shall include an investigation of intelligence related
to whether Iraq:
(i) possessed chemical, biological and nuclear weapons, and
the locations of those weapons;
(ii) had links to Al Qaeda;
(iii) attempted to acquire uranium in Africa, and if so,
when;
(iv) attempted to procure aluminum tubes for the
development of nuclear weapons;
(v) possessed mobile laboratories for the production of
weapons of mass destruction;
(vi) possessed delivery systems for weapons of mass
destruction; and
(vii) any other matters that bear upon the imminence of the
threat to the national security of the United States and its
allies.
(2) submit to the President and Congress such report as is
required by this title containing such findings, conclusions,
and recommendations as the Commission shall determine,
including proposing organization, coordination, planning,
management arrangements, procedures, rules, and regulations.
(A) Form of report.--Each report prepared under this
section shall be submitted in unclassified form, but may
contain a classified annex.

SEC. 106. POWERS OF THE COMMISSION.

(a) In General.--
(1) Hearings and evidence.--The Commission, or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this title--
(A) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence,
administer such oaths; and
(B) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, cables, E-mails, papers,
and documents, as the Commission or such designated
subcommittee or designated member may determine advisable.
(2) Subpoena.--
(A) Issuance.--Subpoenas issued under paragraph (1)(B) may
be issued under the signature of the chairperson of the
Commission, the Vice Chairperson of the Commission, the
chairperson of any subcommittee created by a majority of the
Commission, or any member designated by a majority of the
Commission, and may be served by any person designated by the
chairperson, subcommittee chairperson, or member.
(B) Enforcement.--
(i) In general.--In the case of contumacy or failure to
obey a subpoena issued under paragraph (1)(B), the United
States district court for the judicial district in which the
subpoenaed person resides, is served, or may be found, or
where the subpoena is returnable, may issue an order
requiring such person to appear at any designated place to
testify or to produce documentary or other evidence. Any
failure to obey the order of the court may be punished by the
court as a contempt of that court.
(ii) Additional enforcement.--In the case of any failure of
any witness to comply with any subpoena or to testify when
summoned under authority of this section, the Commission may,
by majority vote, certify a statement of fact constituting
such failure to the appropriate United States attorney, who
may bring the matter before the grand jury for its action,
under the same statutory authority and procedures as if the
United States attorney had received a certification under
sections 102 through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(b) Closed Meetings.--
(1) In general.--Meetings of the Commission may be closed
to the public under section 10(d) of the Federal Advisory
Committee Act (5 U.S.C. App.) or other applicable law.
(2) Additional authority.--In addition to the authority
under paragraph (1), section 10(a)(1) and (3) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to any
portion of a Commission meeting if the President determines
that such portion or portions of that meeting is likely to
disclose matters that could endanger national security. If
the President makes such determination, the requirements
relating to a determination under section 10(d) of that Act
shall apply.
(c) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter
into contracts to enable the Commission to discharge its
duties under this title.
(d) Information From Federal Agencies.--The Commission is
authorized to secure directly from any executive department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality of the Government
information, suggestions, estimates, and statistics for the
purposes of this title. Each department, bureau, agency,
board, commission, office, independent establishment, or
instrumentality shall, to the extent authorized by law,
furnish such information, suggestions, estimates, and
statistics directly to the Commission, upon request made by
the chairperson, the chairperson of any subcommittee created
by a majority of the Commission, or any member designated by
a majority of the Commission.
(e) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other department and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States are authorized to provide to
the Commission such services, funds, facilities, staff, and
other support services as they may determine advisable and as
may be authorized by law.
(f) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(g) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.

SEC. 107. STAFF OF THE COMMISSION.

(a) In General.--
(1) Appointment and compensation.--The chairperson and vice
chairperson, in accordance with rules agreed upon by the
Commission, may appoint and fix the compensation of a staff
director and such other personnel as may be necessary to
enable the Commission to carry out its functions, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that no rate of pay
fixed under this subsection may exceed the equivalent of that
payable for a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any personnel
of the Commission who are employees shall be employees under
section 2105 of title 5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall not be
construed to apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
(c) Consultant Services.--Thje Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at
rates not to exceed the daily rate paid a person occupying a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code.

SEC. 108. COMPENSATION AND TRAVEL EXPENSES.

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

[[Page S9508]]

exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code,
for each day during which that member is engaged in the
actual performance of the duties of the Commission.
(b) Travel Expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United Stats Code.

SEC. 109. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND
STAFF.

The appropriate. executive departments and agencies shall
cooperate with the Commission in expeditiously providing to
the Commission members and staff appropriate security
clearance in a manner consistent with existing procedures and
requirements, except that no person shall be provided with
access to classified information under this section who would
not otherwise qualify for such security clearance.

SEC. 110. REPORT OF THE COMMISSION; TERMINATION.

(a) Report.--Not later than nine months after the date of
the first meeting of the Commission, the Commission shall
submit to the President and Congress a report containing such
findings, conclusions, and recommendations for corrective
measures as have been agreed to by a majority of Commission
members.
(b) Termination.--
(1) In general.--The Commission, and all the authorities of
this title, shall terminate 60 days after the date on which
the report is submitted under subsection (a).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the second report.

SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Commission
to carry out this title $5,000,000, to remain available until
expended.

____________________