S.Amdt. 1796Senate108th Congress (2003-2005)

To provide funds for the security and stabilization of Iraq by suspending a portion of the reductions in the highest income tax rate for individual taxpayers.

Submitted October 1, 2003

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Roll call votes on amendments in Senate: Motion to table amendment SA 1796 agreed to in Senate by Yea-Nay Vote. 57 - 42. Record Vote Number: 373.

October 2, 2003

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Floor

Roll call votes on amendments in Senate: Motion to table amendment SA 1796 agreed to in Senate by Yea-Nay Vote. 57 - 42. Record Vote Number: 373.

October 2, 2003

Floor

Considered by Senate. (consideration: CR S12311, S12316-12337; text as modified: CR S12316)

October 2, 2003

Floor

Motion to table amendment SA 1796 agreed to in Senate by Yea-Nay Vote. 57 - 42. Record Vote Number: 373.

October 2, 2003

Floor

Senate amendment submitted

October 1, 2003

Floor

Senate amendment proposed (on the floor): Amendment SA 1796 proposed by Senator Biden.(consideration: CR S12260-12269; text: CR S12260)

October 1, 2003

Floor

Amendment SA 1796 proposed by Senator Biden. (consideration: CR S12260-12269; text: CR S12260) To provide funds for the security and stabilization of Iraq by suspending a portion of the reductions in the highest income tax rate for individual taxpayers.

October 1, 2003

Text

Submitted

TEXT OF AMENDMENTS

SA 1794. Mr. BYRD proposed an amendment to the bill S. 1689, making
emergency supplemental appropriations for Iraq and Afghanistan security
and reconstruction for the fiscal year ending September 30, 2004, and
for other purposes; as follows:

On page 25, line 7, strike ``rehabilitation and
reconstruction in Iraq'' and all that follows through page
28, line 15 and insert ``in Iraq, $5,136,000,000, to remain
available until expended, for security, including public
safety requirements, national security and justice: Provided,
That these funds may be transferred to any Federal account
for any Federal government activity to accomplish the
purposes provided herein: Provided further, That
notwithstanding any provision of this chapter, none of the
funds appropriated under this heading may be made available
to enter into any contract or follow-on contract that uses
other than full and open competitive contracting procedures
as defined in 41 U.S.C. 403(6).''
______

SA 1795. Mr. McCONNELL (for himself and Mr. Alexander) proposed an
amendment to the bill S. 1689, making emergency supplemental
appropriations for Iraq and Afghanistan security and reconstruction for
the fiscal year ending September 30, 2004, and for other purposes; as
follows:

At the appropriate place, insert the following:

SEC.    COMMENDING THE ARMED FORCES FOR EFFORTS IN OPERATION
ENDURING FREEDOM AND OPERATION IRAQI FREEDOM.

Recognizing and commending the members of the United States
Armed Forces and their leaders, and the allies of the United
States and their armed forces, who participated in Operation
Enduring Freedom in Afghanistan and Operation Iraqi Freedom
in Iraq and recognizing the continuing dedication of military
families and employers and defense civilians and contractors
and the countless communities and patriotic organizations
that lent their support to the Armed Forces during those
operations.
Whereas the September 11, 2001, terrorist attacks on the
United States, which killed thousands of people from the
United States and other countries in New York, Virginia, and
Pennsylvania, inaugurated the Global War on Terrorism;
Whereas the intelligence community quickly identified Al
Qaeda as a terrorist organization with global reach and the
President determined that United States national security
required the elimination of the Al Qaeda terrorist
organization;
Whereas the Taliban regime of Afghanistan had long harbored
Al Qaeda, providing members of that organization a safe haven
from which to attack the United States and its friends and
allies, and the refusal of that regime to discontinue its
support for international terrorism and surrender Al Qaeda's
leaders to the United States made it a threat to
international peace and security;
Whereas Saddam Hussein and his regime's longstanding
sponsorship of international terrorism, active pursuit of
weapons of mass destruction, use of such weapons against
Iraq's own citizens and neighboring countries, aggression
against Iraq's neighbors, and brutal repression of Iraq's
population made Saddam Hussein and his regime a threat to
international peace and security;
Whereas the United States pursued sustained diplomatic,
political, and economic efforts to remove those threats
peacefully;
Whereas on October 7, 2001, the Armed Forces of the United
States and its coalition allies launched military operations
in Afghanistan, designated as Operation Enduring Freedom,
that quickly caused the collapse of the Taliban regime, the
elimination of Afghanistan's terrorist infrastructure, and
the capture of significant and numerous members of Al Qaeda;
Whereas on March 19, 2003, the Armed Forces of the United
States and its coalition allies launched military operations,
designated as Operation Iraqi Freedom, that quickly caused
the collapse of Saddam Hussein's regime, the elimination of
Iraq's terrorist infrastructure, the end of Iraq's illicit
and illegal programs to acquire weapons of mass
destruction, and the capture of significant international
terrorists;
Whereas in those campaigns in the Global War on Terrorism,
as of September 27, 2003, nearly 165,000 members of the
United States Armed Forces, comprised of active, reserve, and
National Guard members and units, had mobilized for Operation
Enduring Freedom and Operation Iraqi Freedom;
Whereas success in those two campaigns in the Global War on
Terrorism would not have been possible without the
dedication, courage, and service of the members of the United
States Armed Forces and the military and irregular forces of
the friends and allies of the United States;
Whereas the support, love, and commitment from the families
of United States service personnel participating in those two
operations as well as that of the communities and patriotic
organizations which provided support through the United
Services Organization (USO), Operation Dear Abby, and
Operation UpLink, helped to sustain those service personnel
and enabled them to eliminate significant threats to United
States national security while liberating oppressed peoples
from dictatorial regimes;
Whereas the civilian employees of the Department of
Defense, through their hard work an dedication, enabled
United States military forces to quickly and effectively
achieve the United States military missions in Afghanistan
and Iraq;
Whereas the commitment of companies making their employees
available for military service, the creativity and initiative
of contractors equipping the Nation's Armed Forces with the
best and most modern equipment, and the ingenuity of service
companies assisting with the global overseas deployment of
the Armed Forces demonstrates that the entrepreneurial spirit
of the United States is an extraordinarily valuable defense
asset; and
Whereas the Nation should pause to recognize with
appropriate tributes and days of remembrance the sacrifice of
those members of the Armed Forces who died or were wounded in
Operation Enduring Freedom and Operation Iraqi Freedom, as
well as all who served in or supported either of those
operations: Now, therefore, be it
Therefore, the Senate
(1) conveys its deepest sympathy and condolences to the
families and friends of the members of United States and
coalition forces who have been injured, wounded, or killed
during Operation Enduring Freedom and Operation Iraqi
Freedom;
(2) commends President George W. Bush, Secretary of Defense
Donald H. Rumsfeld, and United States Central Command
Commander General Tommy Franks, Unites

[[Page S12301]]

States Army, for their planning and execution of enormously
successful military campaigns in Operation Enduring Freedom
and Operation Iraqi Freedom;
(3) expresses its highest commendation and most sincere
appreciation to the members of the United States Armed Forces
who participated in Operation Enduring Freedom and Operation
Iraqi Freedom;
(4) commends the Department of Defense civilian employees
and the defense contractor personnel whose skills made
possible the equipping of the greatest Armed Force in the
annals of modern military endeavor;
(5) supports the efforts of communities across the Nation--
(A) to prepare appropriate homecoming ceremonies to honor
and welcome home the members of the Armed Forces
participating in Operation Enduring Freedom and Operation
Iraqi Freedom and to recognize their contributions to United
States homeland security and to the Global War on Terrorism;
and
(B) to prepare appropriate ceremonies to commemorate with
tributes and days of remembrance the service and sacrifice of
those service members killed or wounded during those
operations;
(6) expresses the deep gratitude of the Nation to the 21
steadfast allies in Operation Enduring Freedom and to the 49
coalition members in Operation Iraqi Freedom, especially the
United Kingdom, Australia, and Poland, whose forces, support,
and contributions were invaluable and unforgettable; and
(7) recommits the United States to ensuring the safety of
the United States homeland, to preventing weapons of mass
destruction from reaching the hands of terrorists, and to
helping the people of Iraq and Afghanistan build free and
vibrant democratic societies.
______

SA 1796. Mr. BIDEN (for himself, Mr. Kerry, Mr. Chafee, Mr. Corzine,
Mrs. Feinstein, and Mr. Lautenberg) proposed an amendment to the bill
S. 1689, making emergency supplemental appropriations for Iraq and
Afghanistan security and reconstruction for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

At the end of title III, add the following:
Sec. ____. (a) Provision of Funds for Security and
Stabilization of Iraq Through Partial Suspension of
Reductions in Highest Income Tax Rate for Individual
Taxpayers.--Section 1 of the Internal Revenue Code of 1986
(relating to tax imposed) is amended by adding at the end the
following new subsection:
``(j) Provision of Funds for Security and Stabilization of
Iraq Through Partial Suspension of Reductions in Highest
Income Tax Rate.--
``(1) In general.--In the case of any taxable year
beginning in 2005, 2006, 2007, 2008, 2009, and 2010, the 35
percent rate of tax under subsections (a), (b), (c), and (d)
shall be adjusted to the percentage determined by the
Secretary to result in an increase in revenues into the
Treasury for all taxable years beginning in 2005, 2006, 2007,
2008, 2009, and 2010 equal to $87,000,000,000.
``(2) Adjustment of tables.--The Secretary shall adjust the
tables prescribed under subsection (f) to carry out this
subsection.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning in 2005.
______

SA 1797. Mr. VOINOVICH (for himself and Mr. Lott) submitted an
amendment intended to be proposed by him to the bill S. 1689, making
emergency supplemental appropriations for Iraq and Afghanistan security
and reconstruction for the fiscal year ending September 30, 2004, and
for other purposes; which was ordered to lie on the table; as follows:

On page 38, between lines 20 and 21, insert the following
new section:
Sec. 2313. Not later than 120 days after the date of the
enactment of this Act, the President shall submit to Congress
a report on the efforts of the Government of the United
States to increase the resources contributed by foreign
countries and international organizations to the
reconstruction of Iraq and the feasibility of repayment of
funds contributed for infrastructure projects in Iraq. The
report shall include--
(1) a description of efforts by the Government of the
United States to increase the resources contributed by
foreign countries and international organizations to the
reconstruction of Iraq;
(2) an accounting of the funds contributed to assist in the
reconstruction of Iraq, disaggregated by donor;
(3) an assessment of the effect that--
(A) the bilateral debts incurred during the regime of
Saddam Hussein have on Iraq's ability to finance essential
programs to rebuild infrastructure and restore critical
public services, including health care and education, in
Iraq; and
(B) forgiveness of such debts would have on the
reconstruction and long-term prosperity in Iraq;
(4) a description of any commitment by a foreign country or
international organization to forgive any part of a debt owed
by Iraq if such debt was incurred during the regime of Saddam
Hussein; and
(5) an assessment of the feasibility of repayment by Iraq
of any of the funds contributed by the United States to
finance infrastructure projects in Iraq.
______

SA 1798. Mrs. HUTCHISON (for herself, Mr. Graham of South Carolina,
Ms. Collins, Mr. Craig, and Mr. Chambliss) submitted an amendment
intended to be proposed by her to the bill S. 1689, making emergency
supplemental appropriations for Iraq and Afghanistan security and
reconstruction for the fiscal year ending September 30, 2004, and for
other purposes; which was ordered to lie on the table; as follows:

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

TITLE III--IRAQ RECONSTRUCTION TRUST FUND

SEC. 3001. SHORT TITLE.

This title may be cited as the ``Iraq Reconstruction Trust
Fund Act''.

SEC. 3002. DEFINITIONS.

In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Relations and the Committee on Appropriations of
the Senate and the Committee on International Relations and
the Committee on Appropriations of the House of
Representatives.
(2) Board of trustees.--The term ``Board of Trustees''
means the Board of Trustees of the Trust Fund referred to in
section 3004(b)(1).
(3) Coalition provisional authority.--The term ``Coalition
Provisional Authority'' means the entity charged by the
President with directing reconstruction efforts in Iraq.
(4) Comptroller.--The term ``Comptroller'' means the
Comptroller General of the United States.
(5) Governing council in iraq.--The term ``Governing
Council in Iraq'' means the Governing Council established in
Iraq on July 13, 2003, or any successor governing authority
in Iraq.
(6) Purposes of the trust fund.--The term ``purposes of the
Trust Fund'' means the purposes set out in section 3004(a).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(8) Trust fund.--The term ``Trust Fund'' means the Iraq
Reconstruction Trust Fund referred to in section 3003.
(9) World bank.--The term ``World Bank'' means the
International Bank for Reconstruction and Development.

SEC. 3003. LIMITATION OF USE OF FUNDS.

Of the funds appropriated in title II under the subheading
``Iraq Relief and Reconstruction Fund'' under the heading
``OTHER BILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO
THE PRESIDENT'' other than amounts appropriated under such
subheading for security and for refugees, human rights,
democracy, and civil society, $10,000,000,000 may not be
obligated or expended before the Secretary negotiates with
the World Bank, in consultation with the Coalition
Provisional Authority, the member nations of the World Bank,
and other interested parties, for the establishment within
the World Bank of--
(1) the Iraq Reconstruction Trust Fund in accordance with
the provisions of this title; and
(2) the Advisory Board to the Trust Fund in accordance with
section 3007.

SEC. 3004. DESCRIPTION OF THE TRUST FUND.

(a) Purposes.--The purposes of the Trust Fund shall be to
use contributed funds to--
(1) assist in restoration of infrastructure and essential
services in Iraq;
(2) assist in the creation of civil society in Iraq; and
(3) ensure a secure environment for the people of Iraq.
(b) Board of Trustees.--
(1) In general.--
(A) Composition.--The Trust Fund shall be governed by a
Board of Trustees, which shall be composed of--
(i) 1 representative from the United States; and
(ii) 1 representative of each of the 5 countries, other
than the United States, that provide the highest amount of
money to the Trust Fund.
(B) Qualifications.--Individuals appointed to such Board
shall have demonstrated knowledge and experience that will
assist in the carrying out of the purposes of the Trust Fund.
(2) United states representation.--
(A) In general.--Upon the effective date of this paragraph,
there shall be a United States member of the Board of
Trustees, who shall be appointed by the President, and who
shall have the knowledge and experience described in
paragraph (1).
(B) Effective date.--This paragraph shall take effect on
the date the Secretary certifies to Congress that an
agreement establishing the Trust Fund and providing for a
United States member of the Board of Trustees is in effect.
(C) Termination date.--The position established by
subparagraph (A) is abolished upon the date of termination of
the Trust Fund.
(3) Consultation.--The Board of Trustees shall consult with
the Coalition Provisional Authority in carrying out the
purposes set out in subsection (a).
(c) Appointment of an Administrator.--The Board of
Trustees, in consultation with

[[Page S12302]]

the appropriate officials of the World Bank, shall appoint an
Administrator who is responsible for managing the day-to-day
operations of the Trust Fund.
(d) Termination of the Trust Fund.--
(1) In general.--As part of the negotiations required by
section 3003, the Secretary shall negotiate with the World
Bank to establish conditions under which the Trust Fund will
be terminated.
(2) Repayment of contributions.--Upon the termination of
the Trust Fund, any amounts contributed to the Fund that have
not been expended shall be returned to the countries that
contributed funds to the Trust Fund, on a pro rata basis.

SEC. 3005. USE OF FUNDS.

(a) Loans and Loan Guarantees.--In carrying out the
purposes set out in section 3004(a), the Board of Trustees
shall use the Trust Fund to provide loans and loan guarantees
to eligible entities under terms that will facilitate
economic development in Iraq.
(b) Eligible Entity.--The Board of Trustees shall determine
if an entity is eligible to receive a loan or a loan
guarantee from the Trust Fund.
(c) Activities Supported.--The funds in the Trust Fund
shall be used to provide loans and loan guarantees that carry
out the purposes of the Trust Fund, including projects to--
(1) create or repair infrastructure to--
(A) produce and distribute electricity;
(B) extract, refine, and distribute oil;
(C) provide drinking water;
(D) treat and dispose of wastewater;
(E) provide transportation; and
(F) facilitate communications;
(2) promote public health;
(3) provide housing;
(4) ensure public safety; and
(5) develop a private sector economy.

SEC. 3006. CONTRIBUTIONS AND ACCOUNTABILITY.

(a) Authority To Solicit and Accept Contributions.--The
Trust Fund shall be authorized to solicit and accept
contributions from governments, the private sector, and
nongovernmental entities of all kinds.
(b) Accountability of Funds and Criteria for Programs.--The
Secretary shall, consistent with subsection (c)--
(1) take such actions as are necessary to ensure that
adequate procedures and standards are in place to account for
and monitor the use of funds contributed to the Trust Fund,
including the cost of administering the Trust Fund; and
(2) seek agreement with the World Bank on the criteria to
be used to determine the programs and activities to be
assisted by the Trust Fund.
(c) Selection of Projects and Recipients.--The Board of
Trustees shall establish--
(1) criteria for the selection of projects to receive
support from the Trust Fund;
(2) standards and criteria regarding qualifications of
recipients of such support;
(3) such rules and procedures as may be necessary for cost-
effective management of the Trust Fund; and
(4) such rules and procedures as may be necessary to ensure
transparency and accountability in the process of making
loans and loan guarantees.
(d) Transparency of operations.--The Board of Trustees
shall ensure full and prompt public disclosure of the
proposed objectives, financial organization, and operations
of the Trust Fund.
(e) Access to Records.--The Comptroller or any duly
authorized representatives of the Comptroller shall have
access to any books, documents, papers, and records of the
Trust Fund for the purpose of preparing the reports required
in section 3008(b).

SEC. 3007. ADVISORY BOARD.

(a) In General.--The Board of Trustees, in consultation
with the appropriate officials of the World Bank, shall
appoint an Advisory Board to the Trust Fund.
(b) Appointments.--The members of the Advisory Board should
be drawn from--
(1) a broad range of individuals with experience and
leadership in the fields of civil engineering, provision of
utilities, oil production, public works, transportation, and
communications;
(2) representatives of relevant United Nations agencies and
nongovernmental organizations with on-the-ground experience
in Iraq or other countries in the Middle East; and
(3) representatives of the Coalition Provisional Authority.
(c) Responsibilities.--The Advisory Board shall provide
advice and guidance to the Board of Trustees on the
development and implementation of programs and projects to be
assisted by the Trust Fund and on leveraging donations to the
Trust Fund.
(d) Prohibition on Payment of Compensation.--
(1) In general.--Except for travel expenses (including per
diem in lieu of subsistence), no member of the Advisory Board
shall receive compensation for services performed as a member
of the Advisory Board.
(2) United states representative.--Notwithstanding any
other provision of law (including an international
agreement), a representative of the United States on the
Advisory Board may not accept compensation for services
performed as a member of the Advisory Board, except that such
representative may accept travel expenses, including per diem
in lieu of subsistence, while away from the representative's
home or regular place of business in the performance of
services for the Advisory Board.

SEC. 3008. REPORTS TO CONGRESS.

(a) Annual Reports by Secretary.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter for the
duration of the Trust Fund, the Secretary shall submit to the
appropriate congressional committees a report on the Trust
Fund.
(2) Report elements.--Each report required by paragraph (1)
shall include a description of--
(A) the goals of the Trust Fund;
(B) the programs, projects, and activities supported by the
Trust Fund;
(C) private and governmental contributions to the Trust
Fund; and
(D) the criteria that have been established that would be
used to determine the programs and activities to be assisted
by the Trust Fund.
(b) GAO Report on Trust Fund Effectiveness.--Not later than
1 year after the date of the enactment of this Act, and
annually thereafter for the duration of the Trust Fund, the
Comptroller shall submit to the appropriate congressional
committees a report evaluating the effectiveness of the Trust
Fund, including--
(1) the effectiveness of the programs, projects, and
activities described in subsection (a)(2)(B) in the
reconstruction in Iraq; and
(2) an assessment of the merits of continued United States
financial contributions to the Trust Fund.

SEC. 3009. AVAILABILITY OF FUNDS.

(a) In General.--In addition to any other funds available
for multilateral or bilateral programs related to the
purposes of the Trust Fund, of the amounts appropriated in
title II under the subheading ``Iraq Relief and
Reconstruction Fund'' under the heading ``OTHER BILATERAL
ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT'',
other than amounts appropriated under such subheading for
security and for refugees, human rights, democracy, and civil
society, $10,000,000,000 shall be made available for the
fiscal year 2004 for contribution to the Trust Fund.
(b) Matching Contributions.--Subject to the maximum amount
available for contribution to the Trust Fund under this Act,
the United States shall contribute to the Trust Fund out of
the additional amount made available under subsection (a),
the amount that equals the total amount contributed by
foreign countries to the Trust Fund during the 180-day period
that begins on the date of the enactment of this Act.
(c) Transfer of Funds.--On the date that is 180 days after
the date of the enactment of this Act, any amount made
available for the Trust Fund under subsection (a) that
exceeds the amount required to be contributed to the Trust
Fund under subsection (b) shall cease to be available for
transfer to the Trust Fund and shall be transferred to an
account to be available to the Coalition Provisional
Authority for use as loans to, or to guarantee loans made by,
the Governing Council in Iraq.

SEC. 3010. CERTIFICATION REQUIREMENT.

Not later than 15 days prior to the initial obligation or
expenditure of funds appropriated pursuant to section 3009,
the Secretary shall certify to the appropriate congressional
committees that--
(1) the Trust Fund has been created in accordance with the
provisions of this title; and
(2) adequate procedures and standards have been established
to ensure accountability for and monitoring of the use of
funds contributed to the Trust Fund, including the cost of
administering the Trust Fund.
______

SA 1799. Mr. COLEMAN (for himself, Mr. Dayton, Mr. Stevens, Mr.
Dorgan, Mr. Kennedy, Mr. Johnson, Mr. Collins, Mr. Graham of South
Carolina, and Mr. Enzi) submitted an amendment intended to be proposed
by him to the bill S. 1689, making emergency supplemental
appropriations for Iraq and Afghanistan security and reconstruction for
the fiscal year ending September 30, 2004, and for others purposes;
which was ordered to lie on the table; as follows:

On page   , between lines    and   , insert the following:
Sec.   . Of the funds in the Iraq Freedom Fund, such funds
as necessary shall be available for the reimbursement of the
cost of one round trip air fare incurred in fiscal year 2003
or 2004 by members of the United States Armed Forces only in
connection with the Department of Defense Rest and
Recuperation Leave Program for travel within the United
States while on leave from deployment overseas in support of
Operation Iraqi Freedom.

____________________