To provide emergency relief for veterans healthcare, school construction, healthcare and transportation needs in the United States, and to create 95,000 new jobs.
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Roll call votes on amendments in Senate: Motion to table amendment SA 1823 agreed to in Senate by Yea-Nay Vote. 59 - 35. Record Vote Number: 379.
October 14, 2003
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Roll call votes on amendments in Senate: Motion to table amendment SA 1823 agreed to in Senate by Yea-Nay Vote. 59 - 35. Record Vote Number: 379.
October 14, 2003
Considered by Senate. (consideration: CR S12490, S12510-12514)
October 14, 2003
Motion to table amendment SA 1823 agreed to in Senate by Yea-Nay Vote. 59 - 35. Record Vote Number: 379.
October 14, 2003
Considered by Senate. (consideration: CR S12424)
October 3, 2003
Senate amendment submitted
October 2, 2003
Senate amendment proposed (on the floor): Amendment SA 1823 proposed by Senator Reid for Senator Stabenow.(consideration: CR S12358; text: CR S12358)
October 2, 2003
Amendment SA 1823 proposed by Senator Reid for Senator Stabenow. (consideration: CR S12358; text: CR S12358) To provide emergency relief for veterans healthcare, school construction, healthcare and transportation needs in the United States, and to create 95,000 new jobs.
October 2, 2003
Votes
1 roll call on this amendment
Text
Proposed
EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR IRAQ AND AFGHANISTAN SECURITY AND RECONSTRUCTION ACT, 2004--Continued Amendments Nos. 1818 and 1819, En Bloc Mr. BYRD. I ask unanimous consent that two amendments which I have discussed with Mr. Stevens be introduced, that they be considered as having been read, and that they be temporarily set aside for the calling up of other amendments. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. BYRD. I ask unanimous consent that amendment No. 1818 be introduced by me for myself, Mr. Kennedy, and Mr. Leahy and that amendment No. 1819 be shown as having been proposed by me on behalf of myself and Mr. Durbin. The PRESIDING OFFICER. Without objection, it is so ordered. The amendments are as follows: Amendment No. 1818 On page 38, between lines 20 and 21, insert the following: Sec. 2313. (a)(1) Of the funds appropriated under chapter 2 of this title under the heading ``Iraq Relief and Reconstruction Fund''-- (A) not more than $5,000,000,000 may be obligated or expended before April 1, 2004; and (B) the excess of the total amount so appropriated over $5,000,000,000 may not be obligated or expended after April 1, 2004, unless-- (i) the President submits to Congress in writing the certifications described in subsection (b); and (ii) Congress enacts an appropriations law (other than this Act) that authorizes the obligation and expenditure of such funds. (2) Paragraph (1) does not apply to the $5,136,000,000 provided under the heading ``Iraq Relief and Reconstruction Fund'' for security, including public safety requirements, national security, and justice (which includes funds for Iraqi border enforcement, enhanced security communications, and the establishment of Iraqi national security forces and the Iraq Defense Corps). (b) The certifications referred to in subsection (a)(1)(A) are as follows: (1) A certification that the United Nations Security Council has adopted a resolution (after the adoption of United Nations Security Council Resolution 1483 of May 22, 2003, and after the adoption of United Nations Security Council Resolution 1500 of August 14, 2003) that authorizes a multinational force under United States leadership for post- Saddam Hussein Iraq, provides for a central role for the United Nations in the political and economic development and reconstruction of Iraq, and will result in substantially increased contributions of military forces and amounts of money by other countries to assist in the restoration of security in Iraq and the reconstruction of Iraq. (2) A certification that the United States reconstruction activities in Iraq are being successfully implemented in accordance with a detailed plan (which includes fixed timetables and costs), and with a significant commitment of financial assistance from other countries, for-- (A) the establishment of economic and political stability in Iraq, including prompt restoration of basic services, such as water and electricity services; (B) the adoption of a democratic constitution in Iraq; (C) the holding of local and national elections in Iraq; (D) the establishment of a democratically elected government in Iraq that has broad public support; and (E) the establishment of Iraqi security and armed forces that are fully trained and appropriately equipped and are able to defend Iraq and carry out other security duties without the involvement of the United States Armed Forces. (c) Not later than March 1, 2004, the President shall submit to Congress a report on United States and foreign country involvement in Iraq that includes the following information: (1) The number of military personnel from other countries that, as of such date, are supporting Operation Iraqi Freedom, together with an estimate of the number of such personnel to be in place in Iraq for that purpose on May 1, 2004. (2) The total amounts of financial donations pledged and paid by other countries for the reconstruction of Iraq. (3) A description of the economic, political, and military situation in Iraq, including the number, type, and location of attacks on Coalition, United Nations and Iraqi military, public safety, and civilian personnel in the 60 days preceding the date of the report. (4) A description of the measures taken to protect United States military personnel serving in Iraq. (5) A detailed plan, containing fixed timetables and costs, for establishing civil, economic, and political security in Iraq, including restoration of basic services, such as water and electricity services. (6) An estimate of the total number of United States and foreign military personnel that are necessary in the short term and the long term to bring to Iraq stability and security for its reconstruction, including the prevention of sabotage that impedes the reconstruction efforts. (7) An estimate of the duration of the United States military presence in Iraq and the levels of United States military personnel strength that will be necessary for that presence for each of the future 6-month periods, together with a rotation plan for combat divisions, combat support units. and combat service support units. (8) An estimate of the total cost to the United States of the military presence in Iraq that includes-- (A) the estimated incremental costs of the United States active duty forces deployed in Iraq and neighboring countries; (B) the estimated costs of United States reserve component forces mobilized for service in Iraq and in neighboring countries; (C) the estimated costs of replacing United States military equipment being used in Iraq; and (D) the estimated costs of support to be provided by the United States to foreign troops in Iraq. (9) An estimate of the total financial cost of the reconstruction of Iraq, together with-- (A) an estimate of the percentage of such cost that would be paid by the United States and a detailed accounting specified for major categories of cost; and (B) the amounts of contributions pledged and paid by other countries, specified in major categories. (10) A strategy for securing significant additional international financial support for the reconstruction of Iraq, including a discussion of the progress made in implementing the strategy. (11) A schedule, including fixed timetables and costs, for the establishment of Iraqi security and armed forces that are fully trained and appropriately equipped and are able to defend Iraq and carry out other security duties without the involvement of the United States Armed Forces. (12) An estimated schedule for the withdrawal of United States and foreign armed forces from Iraq. (13) An estimated schedule for-- (A) the adoption of a democratic constitution in Iraq; (B) the holding of democratic local and national elections in Iraq; (C) the establishment of a democratically elected government in Iraq that has broad public support; and (D) the timely withdrawal of United States and foreign armed forces from Iraq. (d) Every 90 days after the submission of the report under subsection (c), the President shall submit to Congress an update of that report. The requirement for updates under the preceding sentence shall terminate upon the withdrawal of the United States Armed Forces (other than diplomatic security detachment personnel) from Iraq. (e) The report under subsection (c) and the updates under subsection (d) shall be submitted in unclassified form. amendment no. 1819 At the appropriate place in Title III, insert the following: SECTION . (a) None of the funds under the heading Iraq Relief and Reconstruction Fund may be used for: a Facilities Protection Service Professional Standards and Training Program; any amount in excess of $50,000,000 for completion of irrigation and drainage systems; construction of water supply dams; any amount in excess of $25,000,000 for the construction of regulators for the Hawizeh Marsh; any amount in excess of $50,000,000 for a witness protection program; Postal Information Technology Architecture and Systems, including establishment of ZIP codes; civil aviation infrastructure cosmetics, such as parking lots, escalators and glass; museum and memorials; wireless fidelity networks for the Iraqi Telephone Postal Company; any amount in excess of $50,000,000 for construction of housing units; any amount in excess of $100,000,000 for an American-Iraqi Enterprise Fund; any amount in excess of $75,000,000 for expanding a network of employment centers, for on-the-job training, for computer literacy training, English as a Second Language or for Vocational Training Institutes or catch-up business training; any amount in excess of $782,500,000 for the purchase of petroleum product imports. (b) Notwithstanding any other provision of this Act, amounts made available under the heading Iraq Relief and Reconstruction Fund shall be reduced by $600,000,000. (c) In addition to the amounts otherwise made available in this Act, $600,000,000 shall be made available for Operation and Maintenance, Army: Provided, That these funds are available only for the purpose of securing and destroying conventional munitions in Iraq, such as bombs, bomb materials, small arms, rocket propelled grenades, and shoulder-launched missiles. [[Page S12351]] Mr. STEVENS. I ask unanimous consent that those amendments be set aside for consideration of the Dodd amendment. The PRESIDING OFFICER. Without objection, it is so ordered. The Senator from Connecticut. Amendment No. 1817 Mr. DODD. Mr. President, I send my amendment to the desk and ask for its immediate consideration. The PRESIDING OFFICER. The clerk will report. The legislative clerk read as follows: The Senator from Connecticut [Mr. Dodd] proposes an amendment numbered 1817. Mr. DODD. Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with. The PRESIDING OFFICER. Without objection, it is so ordered. The amendment is as follows: (Purpose: To provide an additional $322,000,000 for safety equipment for United States forces in Iraq and to reduce the amount provided for reconstruction in Iraq by $322,000,000) On page 2, line 20, strike ``$24,946,464,000:'' and insert ``$25,268,464,000, of which $322,000,000 shall be available to provide safety equipment through the Rapid Fielding Initiative and the Iraqi Battlefield Clearance program:''. On page 25, line 10, strike ``$5,136,000,000'' and insert ``$4,884,000,000''. On page 25, line 16, strike ``$353,000,000'' and insert ``$283,000,000''. Mr. DODD. I apologize to my colleagues. I know it is a late hour. This is an important amendment, and I hope my colleagues can support it. I rise to propose this amendment to the emergency supplemental spending bill to ensure that Congress and the administration keep sight of what I believe must remain our number one priority for the conduct of the operations in Iraq and Afghanistan, the protection of our American troops. According to the U.S. Army, the President's supplemental bill falls short of over $200 million for critical gear for our soldiers slated to rotate in Iraq and Afghanistan in the months ahead. This amendment was designed specifically to see to it that those U.S. troops coming into Iraq, into a theater of war, would receive important equipment they need to perform their missions effectively. This equipment includes important high-tech body armor, bullet-proof helmets, special water packs to keep soldiers hydrated, and other survival gear. I don't need to make the case about what is happening in Iraq on a daily basis, nor do I need to stress the importance of this kind of equipment. My colleagues are well aware of this situation. As it stands now, the supplemental bill before the Senate only covers expenses for soldiers' personal equipment up to the first 3 months of 2004 and does not take into account very soon a considerable number of men and women who will be entering the theater to relieve soldiers who are there now. In an $87 billion emergency spending package for 2004, one would think we could find enough money to meet the pressing equipment needs of our young men and women in uniform. That is why I was surprised to find an official list from the U.S. Army Comptroller's Office dated September 26 detailing several important items that remain unfunded in this supplemental. Above all else, it is a requirement that thousands of our soldiers, particularly those in the Reserves and the National Guard, be equipped with the most effective personal equipment available. Our troops need this gear to improve their performance in combat and to enhance their safety under intense conditions. As my colleagues know, every day our men and women in uniform have been ordered into harm's way, sent into extreme heat--exceeding 120 degrees in some cases--with strenuous missions in different settings throughout Iraq and Afghanistan. My chart shows what a foot soldier wears on his shoulders in Iraq: 60 pounds of body armor, tactical equipment, in hot desert heat, carrying high-tech night vision equipment, special framed backpacks, and other survival gear. In 120 degrees, carrying all this equipment becomes quite burdensome, so they have special hydration systems necessary for troops to safely survive the desert heat. These water pack systems, called camelbaks, are attached to the soldier's backpack to allow easy access to water when they are in motion. Unfortunately, with the shortage of funds, the Army could not afford to equip all soldiers with this equipment, so many soldiers are using bulky canteens that quickly heat up in the desert sun. Most of the canteens do not have adequate capacity to carry the water they need in Iraq's intense heat. This information comes from the U.S. Army. I am not making this up from news reports. This is what our military is telling us and where a shortfall exists in this supplemental. In other cases, the soldiers are paying hundreds of dollars out of their own pockets to buy the equipment themselves, everything ranging from the camelbaks to gun scopes, because in spite of the Army's stated priorities, the administration did not procure enough personnel equipment for these men and women. I think we can do better than that. The 2003 Defense Appropriations Act included language demanding answers to why the very men and women we send into combat are being forced to spend upwards of $300 per person. Our own Congress made this point: They are spending up to $300 per person on equipment to outfit themselves for combat in Iraq. The Army has yet to report on this issue and has established a rapid fielding initiative designed to outfit our soldiers with the most modern equipment available so they do not have to spend their own money on the latest body armor hydration systems. Out of $324.5 million needed to fund this program in Iraq and Afghanistan, only $122.5 million was to be available in this supplemental budget bill. That means if our soldiers, many of whom are less than 21 years of age, making under $20,000 a year, want the right gear for their mission, they are going to have to dig into their own pockets to buy their own hydration equipment, radios, weapon sights, combat helmets, and individual body armor. Let me cite an article that appeared in yesterday's Washington Post called ``The Children Of War,'' section C, page 16. There was an interview with the children whose parents are fighting in the Persian Gulf. One young person points out that her father has been buying other supplies already--a portable hammock, special water pouches, et cetera. That is from a child talking about her parent having to buy his own equipment. I don't know of anyone who believes that ought to persist. Now, in response to the Army's request, the committee added $300 million to the present supplemental request which could be used for either this additional equipment or the clearance of weapons and mines still lingering on Iraqi battlefields. It says it right here, in the Congressional Record, dated October 1, 2003, when the Supplemental Appropriations bill's accompanying report was printed. On page S12222, there is a chart detailing expenditures in the Army Operations and Maintenance account. $300 million is to be allocated for ``SAPI body armor/Rapid Fielding Initiative or battlefield cleanup.'' But the Army says it needs an additional $420 million just to handle the Iraqi battlefield clearance. As the pending legislation stands now, there is still not enough money in the bill to do both, and both items--more safety equipment and Iraqi battlefield clearance--are top Army priorities. I think we need to address both of these issues. For those reasons, I have asked my colleagues to support this amendment to allocate an additional $322 million for the critical equipment of our troops and adequate resources for battlefield clearance to fully meet the Army's current requirements. The funding in my amendment is fully offset by reductions in some of these reconstruction accounts called emergencies. I want to draw my colleagues' attention to them. Looking at this next chart. I have reprinted items submitted to us by the Administration in their request, entitled ``Coalition Provisional Authority Request to Rehabilitate and Reconstruct Iraq,'' dated September 2003. It lists in this supposed emergency budget proposal, among other things, $15 [[Page S12352]] million to procure 3,000 computers. That means we are providing computers at $5,000 a piece. This does not seem reasonable, when you could find a perfectly reasonable computer for $750. I have a lot of respect for what the Iraqis are going through, but I do not know, for the life of me, why you are going to spend around $3,000 to $5,000 per computer, and $40 million to train them under this so-called emergency budget. You can go down even further on this list, and there are additional points to make. I will not go through all these items because of the time constraints. But my bill takes the money from two or three areas to come up with this $250 million to make up the difference between the $300 million in the bill and this additional amount to cover both battlefield clearance and the equipment they need. Out of the money the administration has proposed to fund the construction of two 4,000-bed maximum security prisons, at a cost of $400 million--$50,000 per bed in an Iraqi prison--these moneys would be in addition to the $99 million also included in that account for the refurbishing and construction of 26 prisons and detention centers that existed under the regime of Saddam Hussein. Even without spending one penny of the $400 million--by the way, we recommend taking $200 million of this, not all the $400 million. Even without spending one penny of the $400 million for the maximum security prisons, the prison capacity in Iraq will be nearly doubled from the 11,200 to 19,700, thanks to our efforts. The question I would ask--anyone ought to ask--is, Do we really believe, in a democratic Iraq, there will be a need to imprison three times more Iraqi citizens than were kept behind bars under Saddam Hussein? We would be transferring $200 million out of this account, cutting it in half--not eliminating all of it. We would also like to take $50 million out of the $100 million fund for the Iraqi witness protection program. That is right, there is $100 million listed in the Administration's budget justification materials for the emergency supplemental for witness protection. By the way, that is $100 million for 100 families. Now, the average Iraqi makes $2,200 a year. I don't know what anyone is thinking here. And I do not understand how we can provide $1 million per family, when we are at the same time not meeting the requirements that our men and women in uniform are lacking. The offsets for my amendment therefore include $50 million from the witness protection program as well as $70 million from the proposals for computers, computer training and even English classes proposed in this so-called emergency budget. There are a lot of emergencies that need to be met, but you are going to be hard pressed to convince the American public that doubling the capacity of prisons is an emergency, or providing witness protection at $1 million per family, or buying computers at $3,000 each--when we are being told we cannot provide the necessary resources for our men and women in uniform. In sum, I want to make the point that the Administration's supplemental budget request has simply not been scrubbed sufficiently. I do not believe any of my colleagues, if they were sitting down going over this in detail, would make a case that in $20 billion of construction money for Iraq, that a $100 million witness protection program, $400 million to double or triple the prison cells at $50,000 a bed in their prisons, and that $3,000 for computers--and $40 million, by the way, is to provide computer training--I would like to see someone get a $40 million appropriation to provide computer training for anyone else in this country, let alone to do it over in Iraq. So these are the areas that we would take money from to provide for the $322 million to provide for the men and women in uniform who need these resources. I mentioned earlier the kind of equipment. I will come back and just identify this for my colleagues. Again, this is not my assessment. This is the U.S. Army saying what they need. They need adequate provisions for clean water, additional high-tech backpacks, advanced combat helmets and body armor, additional radios, machine gun sights and tripods, M-16 ammunition, high-tech GPS compass equipment, additional desert boots, sun and wind dust goggles and gloves, grappling hooks, door ramming kits, sniper rifles, binoculars, and special night vision goggles. That is their list. Yet they are being told: Either spend money to clear Iraqi battlefields of mines and other dangerous materials or receive effective safety gear. This seems unacceptable. The Army needs money for both of these line items. And I think we ought to do both. I am saying do both. Do not add to the deficit, just take the $20 billion that we have for the reconstruction and go after some of these items that I do not think anyone--regardless of where you come out politically. Let us take care of our men and women in uniform going over to Iraq. I do not think any of us want to read a story where one of our young troops has to go out and buy their own equipment to protect themselves. This is the 21st century. And in this day and age, the sole superpower in the world should not have to tell its military personnel to fend for themselves. So for those reasons, I urge the adoption of the amendment. I apologize to my colleagues for taking time tonight, but I thought they ought to understand what was at stake and why I thought this amendment was particularly important. For those reasons, I urge the adoption of the amendment, and I withhold the remainder of my time. The PRESIDING OFFICER. Who yields time? Mr. STEVENS. Mr. President, I am indeed sorry that the Senator did not discuss it with us further before he offered this amendment. There is $26 billion in the 2004 bill the President signed the night before last for the Army. They could reprogram any money they need from the $26 billion. We asked them in and we identified the needs in the Army. We took $952 million from other services and moved it to the Army. And we covered specific items that they identified in terms of their priorities. What Senator Dodd's amendment does, though, is it adds money to accounts we have already plused up, and it takes it from money to bring the troops home. He has attacked the exact wrong part of the bill. I wish I had more than 5 minutes, but I do not want to inconvenience my colleagues and keep them here too long tonight. People are missing planes because of this vote. And it is a vote that is duplicitous. It really is designed to reduce the $20.3 billion in the other part of the account. We did get money for these people. We got money for every item that is on that list, and in the regular bill they have $26 billion. In addition to that, we added $952 million. Now, I have been overseas. I said the other day, I remember going overseas, and on the way I bought boots. I did not like my boots. I bought shirts. I did not like my shirts. I bought gloves I would rather wear. Kids are kids, and they are going to buy what they want. This idea that they have to buy armor, armor is available on the basis of how rapidly it is produced. And we have put up money in here, more than enough to buy everything to be produced in this time that he mentioned between now and--what?--about 5 months away. That is special money on top of the $26 billion that they could use if they want. It is in the O&M account. These are O&M items they are talking about. Now, I do not believe we should do this at this late hour, try to take money out of one account and justify it by virtue of this litany of items that we reviewed. We did review it. They brought us this list. The Senator has gone over this list of items that the Army would like to have in addition to what the Department of Defense gave them. We went over it and we agreed. We said: $952 million of this you should have had in the go-around in the Department of Defense. And we took it from the Air Force and from the Navy and from the Marines and put it here. What we do miss is we do have $300 million for body armor in the rapid fielding initiative, and explosive and ordnance cleanup, $174 million for damaged equipment. We have $136 million for radios. [[Page S12353]] Now, the Senator mentions this $1 million for families. That is money that may be claimed--may be claimed. We paid $30 million for the people who came in and identified the two sons of Saddam Hussein. It may not be spent at all. It will only be spent if these people come in and disclose people we want to pick up that are worth the cost. What is the cost? Moving them out of the country forever. That is taking people and buying them a new life somewhere else because they have exposed themselves to death because they disclosed the location of some of these people. I am appalled the Army would ask for this addition. We made an agreement with them. We took money from the other three services. And someone in the Army is going to answer to me. If it is really true someone in the Army went to the Senator from Connecticut and demanded more money than we gave them, after we gave them $26 billion in the regular bill, gave them another $952 million, almost a billion we took from other services, to come in and make this demand at this time, it is absolutely nonsense. Anyone who comes back, I hope they understand they have been brought back to answer a political amendment. I am going to move to table it when the time comes. The Senator from Connecticut is my friend, but I have to tell you, to bring back people who have already gone home, some of them who missed planes in order to vote on this amendment at this time, is an absolute absurdity. How much time do I have remaining? The PRESIDING OFFICER. Thirty seconds. Mr. STEVENS. I will reserve it. Mr. DODD. Mr. President, how much time do I have remaining? The PRESIDING OFFICER. The Senator from Connecticut has 7 minutes. Mr. DODD. Mr. President, the Army did not come to me. This is an official briefing provided by the United States Army Comptroller to both the Armed Services and Appropriations Committees. I am just reading what they said. They didn't make an attempt to get in touch with me. Their briefing materials speak for them. They say that there is a requirement for $420 million to fund the ordnance disposal on the battlefields still out there, and, in addition, there is a shortfall in Army equipment. That is it plain and simple. What the committee has said is: You can only do one or the other, but you will not have enough money to do both. I am suggesting you ought to be able to do both. To provide the $300 million, that is great, that helps. But the $300 million doesn't cover the $420 million for the battlefield clearance and for the shortfalls that occurred in this equipment. This is not about allowing service members to go out and buy shirts and gloves simply that they like. This is about equipping our soldiers with the most effective gear available to protect them from hostile fire as well as from the intense desert climate. I am not arbitrarily making up figures. The suggestion here is we come up with an additional $322 million to cover both circumstances--that is, the battlefield clearance as well as the equipment--and pay for it, by the way, not by readjusting moneys within the defense needs but in the reconstruction side of this supplemental request, that you can do away or at least delay, if you want, the idea of buying computers at $3,000 a copy, a witness protection program at $50 million for 50 families, and whether or not you can cut down prison construction from $400 million to $200 million. With my amendment, there is still plenty of funding to implement the reconstruction plans of the Coalition Provisional Authority. I don't know why this is so controversial. Why don't we just accept this amendment? If I did it by not going into these reconstruction accounts, they might take it. But because I am talking about a witness protection program and ridiculously high-priced computers and going after excessive prison construction, which I think is hardly an emergency, all of a sudden this is a bad amendment and I am a dreadful guy for making folks come back and miss a plane. I don't want a soldier out there getting hurt because they don't have the right equipment. I didn't make this up. The Army didn't come to me specifically. They made this case on September 26, the source was a briefing provided to Congress' defense committees by the Assistant Secretary of the Army for Financial Management and Comptroller, entitled, ``FY04 Supplemental Request for the Global War on Terrorism: The Army At War.'' That is where it comes from. I appreciate what the committee did with $300 million. But the committee report says you have to make a choice: Clearing up the battlefield or provide funding for soldiers' equipment. And I don't think the Army ought to be put in that position. I don't think you ought to ask them to have to make that choice. That is the reason for the amendment. Again, I am sorry people have to come back and vote. That is not my intention. But I, in good conscience, believe this is a responsible amendment. I would have thought it might be accepted instead of making a lot more out of this than has to be the case. We all agree they ought to get the equipment. Why not just agree to the amendment? If you want to table the amendment, put people on record saying they would rather spend money on a witness protection program at $1 million a family in Iraq when the average family makes $2,200 a year, you explain that to the American taxpayer, why an Iraqi family would get $1 million in witness protection. That is ridiculous. Spending $3,000 for a computer and $400 million to create new prison operations over there is not an emergency need. You make the choice whether or not you think that is more important than seeing these young people get what they need. I stand by the amendment. It is the right thing to do. I yield back the remainder of my time, and I ask for the yeas and nays. Mr. STEVENS. The yeas and nays are not ordered until I speak. The PRESIDING OFFICER. The yeas and nays are in order at this time. Mr. DODD. I ask for the yeas and nays. Mr. STEVENS. I have not yielded back my time. The PRESIDING OFFICER. It is not a motion to table. The yeas and nays can be requested at any time. Mr. DODD. I ask for the yeas and nays. The PRESIDING OFFICER. At the moment there is not a sufficient second. The Senator from Alaska. Mr. REID. I suggest the absence of a quorum. Mr. STEVENS. Mr. President, that is good for me. If you want to have a quorum, go right ahead. Go right ahead. The PRESIDING OFFICER. The Senator from Alaska has the floor. Mr. DODD. I renew my request. I ask for the yeas and nays on the amendment. The PRESIDING OFFICER. The Senator from Alaska has the floor. Mr. STEVENS. Mr. President, I want to point out the Army has all of this money in this supplemental without any directions in the bill. The line items the Senator mentions are specified in our report. They have entire discretion to use any money in this bill for the moneys he has asked for. But he wants to take it from the other money. This is a duplicitous amendment to take money from the second part of the bill and put it in the first. The PRESIDING OFFICER. The Senator from Alaska's time has expired. Mr. STEVENS. Mr. President, I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? Mr. STEVENS. Mr. President, I move to table the amendment. The PRESIDING OFFICER. A motion to table has been made. Mr. STEVENS. I ask for the yeas and nays on the motion to table. The PRESIDING OFFICER. Is there a sufficient second? There appears to be a sufficient second. The question is on the motion to table amendment No. 1817. The clerk will call the roll. The legislative clerk called the roll. Mr. McCONNELL. I announce that the Senator from Colorado (Mr. Campbell), the Senator from New Mexico (Mr. Domenici), the Senator from Mississippi (Mr. Lott), the Senator from Pennsylvania (Mr. Santorum), and the Senator from Alabama (Mr. Shelby) are necessarily absent. Mr. REID. I announce that the Senator from Delaware (Mr. Carper), the Senator from North Carolina (Mr. Edwards), the Senator from Florida (Mr. [[Page S12354]] Graham), the Senator from South Carolina (Mr. Hollings), the Senator from Hawaii (Mr. Inouye), the Senator from South Dakota (Mr. Johnson), the Senator from Massachusetts (Mr. Kerry), the Senator from Connecticut (Mr. Lieberman), and the Senator from Arkansas (Mr. Pryor), are necessarily absent. I further announce that, if present and voting, the Senator from Massachusetts (Mr. Kerry) would vote ``nay.'' The ACTING PRESIDENT pro tempore. Are there any other Senators in the Chamber desiring to vote? The result was announced--yeas 49, nays 37, as follows: [Rollcall Vote No. 376 Leg.] YEAS--49 Alexander Allard Allen Bennett Bond Brownback Bunning Burns Chafee Chambliss Cochran Coleman Collins Cornyn Craig Crapo DeWine Dole Ensign Enzi Fitzgerald Frist Graham (SC) Grassley Gregg Hagel Hatch Hutchison Inhofe Jeffords Kyl Lugar McCain McConnell Miller Murkowski Nelson (NE) Nickles Roberts Sessions Smith Snowe Specter Stevens Sununu Talent Thomas Voinovich Warner NAYS--37 Akaka Baucus Bayh Biden Bingaman Boxer Breaux Byrd Cantwell Clinton Conrad Corzine Daschle Dayton Dodd Dorgan Durbin Feingold Feinstein Harkin Kennedy Kohl Landrieu Lautenberg Leahy Levin Lincoln Mikulski Murray Nelson (FL) Reed Reid Rockefeller Sarbanes Schumer Stabenow Wyden NOT VOTING--14 Campbell Carper Domenici Edwards Graham (FL) Hollings Inouye Johnson Kerry Lieberman Lott Pryor Santorum Shelby The motion was agreed to. Mr. STEVENS. Mr. President, I move to reconsider the vote, and I move to lay that motion on the table. The motion to lay on the table was agreed to. Mr. STEVENS. Mr. President, I am authorized by the majority leader to state that there will no more votes tonight. We have a series of amendments that we have agreed to accept by Senators Collins, Reed, Graham of South Carolina, Voinovich, and Murray. Some of these amendments are going to be proposed. I have an amendment I will introduce. Those are the amendments only that will be considered now. There will be no votes on those. I yield the floor. Mr. REID. Mr. President, I ask unanimous consent that following the offering of the amendment by the two distinguished Senators from Maine and Oregon, Senator Daschle and Senator Graham be recognized to offer their amendment. Mr. STEVENS. We agreed to Jack Reed next. Mr. REED. I will go last. Mr. STEVENS. We have no objection. The ACTING PRESIDENT pro tempore. Without objection, it is so ordered. Amendment No. 1820 The ACTING PRESIDENT pro tempore. The Senator from Maine. Ms. COLLINS. I send an amendment to the desk and ask for its immediate consideration on behalf of myself, Senator Wyden, and others. The ACTING PRESIDENT pro tempore. The clerk will report. The legislative clerk read as follows: The Senator from Maine [Ms. Collins], for herself, Mr. Wyden, Mr. Enzi, Mr. Lieberman, Mr. Lautenberg, Mrs. Feinstein, Mr. Akaka, Mrs. Clinton, Mr. Byrd, Mr. McCain, and Mr. Levin, proposes an amendment numbered 1820. Ms. COLLINS. Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with. The ACTING PRESIDENT pro tempore. Without objection, it is so ordered. The amendment is as follows: (Purpose: To limit the obligation and expenditure of funds for using procedures other than full and open competition for entering into certain contracts or other agreements for the benefit of Iraq) On page 39, between lines 2 and 3, insert the following: Sec. 3002. (a) None of the funds appropriated by this Act may be obligated or expended by the head of an executive agency for payments under any contract or other agreement described in subsection (b) that is not entered into with full and open competition unless, not later than 30 days after the date on which the contract or other agreement is entered into, such official-- (1) submits a report on the contract or other agreement to the Committees on Armed Services, on Governmental Affairs, and on Appropriations of the Senate, and the Committees on Armed Services, on Government Reform, and on Appropriations of the House of Representatives; and (2) publishes such report in the Federal Register and the Commerce Business Daily. (b) This section applies to any contract or other agreement in excess of $1,000,000 that is entered into with any public or private sector entity for any of the following purposes: (1) To build or rebuild physical infrastructure of Iraq. (2) To establish or reestablish a political or societal institution of Iraq. (3) To provide products or services to the people of Iraq. (4) To perform personnel support services in Iraq, including related construction and procurement of products, in support of members of the Armed Forces and United States civilian personnel. (c) The report on a contract or other agreement of an executive agency under subsection (a) shall include the following information: (1) The amount of the contract or other agreement. (2) A brief discussion of the scope of the contract or other agreement. (3) A discussion of how the executive agency identified, and solicited offers from, potential contractors to perform the contract, together with a list of the potential contractors that were issued solicitations for the offers. (4) The justification and approval documents on which was based the determination to use procedures other than procedures that provide for full and open competition. (d) The limitation on use of funds in subsection (a) shall not apply in the case of any contract or other agreement entered into by the head of an executive agency for which such official-- (1) either-- (A) withholds from publication and disclosure as described in such subsection any document or other collection of information that is classified for restricted access in accordance with an Executive order in the interest of national defense or foreign policy; or (B) redacts any part so classified that is in a document or other collection of information not so classified before publication and disclosure of the document or other information as described in such subsection; and (2) transmits an unredacted version of the document or other collection of information, respectively, to the chairman and ranking member of each of the Committees on Governmental Affairs and on Appropriations of the Senate, the Committees on Government Reform and on Appropriations of the House of Representatives, and the committees that the head of such executive agency determines has legislative jurisdiction for the operations of such executive agency to which the document or other collection of information relates. (e)(1)(A) In the case of any contract or other agreement for which the Secretary of Defense determines that it is necessary to do so in the national security interests of the United States, the Secretary may waive the limitation in subsection (a), but only on a case-by-case basis. (B) For each contract or other agreement for which the Secretary of Defense grants a waiver under this paragraph, the Secretary shall submit a notification of the contract or other agreement and the grant of the waiver, together with a discussion of the justification for the waiver, to the committees of Congress named in subsection (a)(1). (2)(A) In the case of any contract or other agreement for which the Director of Central Intelligence determines that it is necessary to do so in the national security interests of the United States related to intelligence, the Director may waive the limitation in subsection (a), but only on a case- by-case basis. (B) For each contract or other agreement for which the Director of Central Intelligence grants a waiver under this paragraph, the Director shall submit a notification of the contract or other agreement and of the grant of the waiver, together with a discussion of the justification for the waiver, to the Select Committee on Intelligence, the Committee on Appropriations, and the Committee on Governmental Affairs of the Senate and to the Permanent Select Committee on Intelligence, the Committee on Appropriations, and the Committee on Governmental Reform of the House of Representatives. (f) Nothing in this section shall be construed as affecting obligations to disclose United States Government information under any other provision of law. (g) In this section-- (1) the term ``full and open competition'' has the meaning given such term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403); (2) the term ``executive agency'' has the meaning given such term in section 105 of title 5, United States Code, and includes the Coalition Provisional Authority for Iraq; and (3) the term ``Coalition Provisional Authority for Iraq'' means the entity charged by the President with directing reconstruction efforts in Iraq. [[Page S12355]] Ms. COLLINS. The amendment my colleague from Oregon and I are offering tonight requires the use of full and open competition for the award of contracts under this bill to support our military or related to the reconstruction of Iraq. Competitive bidding ensures the taxpayer gets the very best value for his investment. It also enhances public confidence that contracts are awarded in a manner that is fair and transparent, a process that allows all qualified bidders to submit bids for the contract. This principle of full and open competition is enshrined in the Competition and Contracting Act, which is current law. Under that law, contracts must generally be bid under full or open competition unless one of seven exemptions is invoked. Unfortunately, however, some of the contracts that have been awarded to date, both to support our military in Iraq and to begin reconstruction efforts, have not been awarded using full and open competition. The contracting process has been curtailed. We want to make sure the general rule is competitive bidding, and, if there are cases where there are legitimate reasons for curtailing competition--say, for reasons of national security--then we believe there should be a process in place that requires a justification for curtailing competition and disclosure of that fact. Generally, under our amendment, if competition is not used in the award of a contract, the agency involved would have to justify the reason for invoking an exception to competition and report that in the Commerce Business Daily, the Federal Register, and to the appropriate committees of Congress. We recognize there may be a few cases where it is so secret, it is so classified, that disclosure in the Commerce Business Daily and the Federal Register would not be appropriate. In those cases, we provide for an alternative form of notifying Congress. Our amendment will bring accountability and sunshine to the competition and contracting process. I urge my colleagues to support our amendment. It has been a great pleasure to work with my colleague, Senator Wyden. We have made a number of efforts in this regard. I believe this amendment should enjoy widespread support. I reserve the remainder of my time and I yield to the Senator from Oregon. The ACTING PRESIDENT pro tempore. The Senator from Oregon. Mr. WYDEN. Mr. President, I have enjoy working with my colleague from Maine over the last 5 or 6 months. This amendment is especially important because it would mean for the first time the Congress is going to restrict the funds under this effort for reconstruction to only those contracts let in an open and competitive bid, except in very narrow circumstances. In my view, much of the work to rebuild Iraq has been outsourced to private companies and it is now time, with this legislation, to end the outsourcing of accountability. What our constituents have said is: How much is this whole effort going to cost? How long is it going to take? And how is this money going to be spent? As I have said, my view is that right now the contracting process looks a little like Dodge City before the marshall showed up. It seems very influential companies and others seem to write the rules that the United States is essentially in the dark. Then the news media comes out and highlights various concerns, most of which the Senate does not know much about, and there is a flurry of activity and people discuss whether or not the contract is going to be rebid. What Senator Collins and I would like to do is establish some bipartisan order and go back, as the Senator from Maine has said, to the principles that the Competition and Contracting Act have been all about. Yes, $87 billion is a jaw-dropping sum of money. The Coalition Provisional Authority, the World Bank, and the U.N. have estimated--it was in the Wall Street Journal today--that it will take $56 billion over just the next 5 years for rebuilding in Iraq. It seems to me it does not pass the smell test to allow this process where the Congress is in the dark, the American people are in the dark, and every Member of the Senate goes home and faces constituents who say, We want this process to work a little bit like our family finances do. Right now, a family makes purchases, they get a bank statement. For example, they spend X amount of dollars at Sears, they spend more at the grocery store, they pay for essentials, and get a bank statement showing what they spent. That is a process that is straightforward, that can be monitored. We look at the bank statement for Iraq; it is essentially devoid of specifics. Senator Collins and I have tried to approach this on a bipartisan basis. People may think it is a quaint idea, but we believe in competition. We believe that transparency and disclosure works and it gets taxpayers the most for their money. This amendment for the first time actually puts in place a funding restriction. In the past, Senator Collins and I have said we are willing to look at various approaches that involve reports after the fact. Now we are waiting for all of these investigations and inquiries to move at glacial speed. What Senator Collins has said is--and I agree with her point completely--what we need now is some legislation with teeth in it. This funding restriction for the first time provides that. We are very pleased to be able to come to the Senate, given the fact there have been a number of instances already where contracts were let without competitive bid or with only limited bidding. We have had a number of colleagues involved, colleagues from both parties. I particularly commend Senator Clinton, who has been my partner on the Democratic side. I also note that Senator Enzi has been very supportive of this effort. He joins this cause as well. Our thanks to Senator Clinton, Senator Enzi, and many other Senators who have been involved in this effort. Tonight, it seems to me, the Senate is saying: We will do it differently. We will draw a line in the sand. The Senate is no longer going to be in the dark with respect to this issue. I am very pleased we will be able to go home for this recess and say that at a time when the American people are looking for some concrete specifics with respect to the pricetag on this legislation and where the money exactly is going to go, we can say that because of this bipartisan amendment, for the first time the Senate is going to restrict these funds so as to promote open and competitive bidding and the kind of transparency that best makes free markets work. I reserve the remainder of any time I have remaining. I also thank the chairman of the Senate Appropriations Committee who has had strong views on this issue and has worked closely with Senator Collins and me over almost 6 months. We appreciate the fact that now we have legislation with some real teeth in it to make sure the taxpayers get value for their money in the contracting process. Mr. STEVENS. Mr. President, if I may speak for a moment. The ACTING PRESIDENT pro tempore. The Senator from Alaska. Mr. STEVENS. We will be happy to accept this amendment. It has been modified, as has been indicated. I want to state to the Senate, however, although the Senators are correct, this adds to existing law. Existing law at the current time requires competitive bidding on contracts. The contracts that are outstanding now that have been entered into by the United States and its entities in Iraq have been let on the basis of competitive bids. There have been lots of questions raised about that, but some of the contracts were outstanding before the contractors were sent to Iraq, and they were general services contracts, and those were extended to Iraq. But we are now putting, as the two Senators mentioned, additional emphasis on that, and I am pleased to accept the amendment on behalf of the Senate. The ACTING PRESIDENT pro tempore. Is there further debate? Ms. COLLINS. Mr. President, I yield back my time if the Senator from Oregon will also yield back his time. Mr. WYDEN. Mr. President, I do. The ACTING PRESIDENT pro tempore. If there is no further debate, the question is on agreeing to the amendment. The amendment (No. 1820) was agreed to. The ACTING PRESIDENT pro tempore. The Senator from Alaska. [[Page S12356]] Mr. STEVENS. Mr. President, now Senator Daschle and Senator Graham will present their amendment. The ACTING PRESIDENT pro tempore. The Senator from South Carolina. Amendment No. 1816 (Purpose: To ensure that members of the Ready Reserve of the Armed Forces are treated equitably in the provision of health care benefits under TRICARE and otherwise under the Defense Health Program) Mr. GRAHAM of South Carolina. Mr. President, I call up amendment No. 1816. The ACTING PRESIDENT pro tempore. The clerk will report the amendment. The legislative clerk read as follows: The Senator from South Carolina [Mr. Graham], for Mr. Daschle, for himself and Mr. Graham of South Carolina, Mr. Leahy, Mr. Stevens, Mr. Bond, Mr. Burns, Mr. Warner, Mrs. Clinton, Mr. DeWine, and Mr. Chambliss proposes an amendment numbered 1816. Mr. DASCHLE. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with. The ACTING PRESIDENT pro tempore. Without objection, it is so ordered. (The amendment is printed in today's Record under ``Text of Amendments.'') The ACTING PRESIDENT pro tempore. The Senator from South Dakota. Mr. DASCHLE. Mr. President, the Senator from South Carolina and I have been negotiating and working with the distinguished manager of the bill regarding an amendment we have been attempting to pass now over the course of this entire session of Congress. Our view has been from the very beginning that members of the National Guard and Reserves need the opportunity to have access to TRICARE health insurance. And now, on three occasions, the Senate has been on record--with increasing numbers--in support of this concept, this idea that TRICARE ought to be offered to members of the Guard and Reserves. We have been gratified with the strong bipartisan support that has been indicated with each one of the votes. Our concern, however, is it does not do us much good to continue to pass these measures on the Senate floor only to see the amendments dropped by the time they get to conference. We want to pass something into law. We want something to be provided to as many of these members of the Guard and Reserves as we possibly can this year. So in trying to figure out what might work best, and in working with the distinguished Senator from Alaska, we have concluded perhaps the best way to do this is to ensure we go to those people who need it the most, that is, those members of the Guard and Reserves who have no health insurance today, and that when members of the Guard and Reserves are called up to active duty, they also are compensated for the TRICARE insurance that would be provided to them while they are on active duty. Now, we will say from the very beginning this is not what we would like. We would like to do more, but we know that doing something is better than doing nothing if, in the end, that is what happens. So I first thank the distinguished Senator from South Carolina for his tenacity and persistence. He has done an outstanding job in working on this issue and has provided great leadership. He has been a very helpful partner. I also say there are Senators on my side of the aisle, Senator Leahy in particular, and Senator Clinton, who have been especially helpful in this effort. So I appreciate very much the Senator from Alaska working with us. I am satisfied this is a reasonable compromise. With that, I yield the floor. The ACTING PRESIDENT pro tempore. The Senator from South Carolina. Mr. GRAHAM of South Carolina. Mr. President, I will try to be brief. We have a great team defending America right now. That team is made up of active-duty members who have made a decision to serve 4 years or maybe have a career in the military. But that team is supplemented by the Guard and Reserves. There are 224,000 Guard and Reserve members called up to active duty and, working together, they are doing a great job defending our freedom. It is time to look anew at the role the Guard and Reserves play. I say to Senator Daschle, I want to publicly thank him for making this possible because he has been great to work with, and Senator DeWine. I think we have been a pretty good team here on the floor. We disagree on a lot, and there will be a lot of fussing and fighting before this bill is over with, but that is the American way. It is OK to express our differences. It is great to be able to tell people you disagree. There are a lot of countries where there are not many ways to express your disagreements. But one of the things we have done tonight, and I think in the spirit of the country, is to come together to support our men and women who serve. So why do we need this? One-fourth of the Guard and Reserves are on active duty now, with more to come. We need to acknowledge the obvious. They will be asked to do more, not less, over the coming months and years. Why? The cold war model of having tanks in the Fulda Gap and a large nuclear deterrent force standing up against the former Soviet Union, that war, thank goodness, is in the history books for the most part. The new war, the war on terrorism, has a totally different dynamic. The Guard and Reserves, which were tangential, to be honest with you, in the cold war are in the forefront of this war on terrorism. Most of your military police are guards and reservists. Seventy-five percent of the aircrews flying C-130s--and I know our Presiding Officer knows this because we took nine trips in the theater of Afghanistan and Iraq. Eight of the crews are Guard crews, one is a Reserve crew. Seventy-five percent of the people flying C-130s are Guard and Reserves. Fifty-five percent of the people flying airlift to get the supplies and resources into the region to protect our troops and help them survive are reservists. Almost 90 percent of the intelligence service for the Army is in the Reserves, 90 percent is civil affairs Reserves. It is growing by leaps and bounds. What we are trying to do tonight is provide a better benefit package than they have had before because we are going to ask so much of the Guard and Reserves. Senator Stevens made this possible. We have passed two bills by 80- plus votes, but there is no money behind it. For all those who follow the Senate, they know who is in charge of the money. Senator Stevens made this possible because we are putting money behind the bill. What does that mean? It is no longer talk. Twenty percent--2 out of 10 people--who are Guard and Reserves are without health care. This bill immediately will allow them to have health care year round. They will pay a premium like a retiree would pay, but they will have health care by being a member of the Guard or Reserves. We need to do more, and we will. The problem of a Guard or Reserve family goes like this: If you are called up to active duty for a year, you go into the military health care system called TRICARE. If you have health care in the private sector, most times--almost all the time-- your physician network is replaced. You go from the private health care sector to the military health care sector. And when you get deactivated, you change, and there is no continuity of health care. Thirty percent of the people called to active duty were unable to be deployed because of health care problems. We are not done yet. There is more to do. It is my goal, my hope, my dream, for the Guard and Reserve forces that if you will join, and you will participate, and you will help defend America as a guard or reservist, we will offer you full-time health care. You pay a premium, but you and your family will be taken care of in the health care area. I think it is the least we could do. I think it is what we should do. And tonight is a huge step forward. I thank all of the Senators who made it possible. The fussing, the fighting yet to come on this bill is part of America. But let it be said at about 8:50 at night, Republicans and Democrats came together to help Guard and Reserve members. When you are in a war, they do not ask you if you are a Republican or a Democrat. They are asking you to do your job. So I am honored to be part of this effort. I ask unanimous consent that Senator Hagel and Senator Allen be added as cosponsors. [[Page S12357]] The ACTING PRESIDENT pro tempore. Without objection, it is so ordered. Mr. GRAHAM of South Carolina. I thank the Chair. With that, I yield the floor. The ACTING PRESIDENT pro tempore. The Senator from South Dakota. Mr. DASCHLE. Mr. President, I do not know--I haven't seen the list of cosponsors--but if they are not listed, I ask unanimous consent that Senators Leahy, Reid, and Clinton be added as cosponsors. The ACTING PRESIDENT pro tempore. Without objection, it is so ordered. The Senator from Alaska. Mr. STEVENS. Mr. President, we have worked on this amendment. There is a vast problem out there among Guard and Reserve people. We have a total force now in our military. We passed the concept that the Guard and Reserves are replacements for the regular services when they are sent overseas. The Guard and Reserves are sent overseas almost as much as the regular members of our military. They have volunteered to defend us, as the Senators have said. Their families need the same protection that we offer to those who volunteer in the regular services. We have modified this amendment because we really basically want to see what happens when this change takes place. The cost of this amendment that we have put forward is approximately $400 million this year and by the following year it will be $500 million. We don't know how much it will really cost because we don't know how many will come forward and take this, as compared to what they are doing now as far as their medical is concerned. It is a contributory system for TRICARE, another experiment that we hope we will be able to get some track record on. As I have become more familiar with the National Guard, it is very strong, and the Reserves, also. We want to assure that people will continue to maintain an interest in joining the Guard and Reserves. Most people don't understand that the transition from Guard and Reserves to regular services has reversed history. In days gone by, people came out of the military and entered the Guard and Reserves. Today many people enter the Guard and Reserves and then decide they are going to try to become career military. This will be an added inducement to get more people to enlist in the Guard and Reserves. It might have a reverse effect and we are not sure of that yet. This will give us a track record. I am pleased to say that we have conferred with members of the Armed Services Committee on this amendment, and they have agreed we should go forward with it. I am pleased to accept the amendment on behalf of the Senate. The ACTING PRESIDENT pro tempore. Is there further debate on the amendment? The Senator from South Carolina. Mr. GRAHAM of South Carolina. I want to add one thing. There was an article in USA Today yesterday: ``Army Reserve Fears Troop Exodus.'' The Army National Guard is 15,000 below its recruiting goal. ``Soldiers are `stressed' on yearlong deployments.'' I really honestly believe that this benefit made available will help retention and recruitment because the problems with these deployments are coming down the road. The further we can get ahead of this by beefing up the benefit package, the better America will be. I ask unanimous consent to print the article to which I referred in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: Army Reserve Fears Troop Exodus (By Dave Moniz) If the United States is unable to recruit significantly more international troops or quell the violence in Iraq in the next few months, it could trigger an exodus of active and reserve forces, the head of the U.S. Army Reserve said Monday. Lt. Gen. James Helmly, chief of the 205,000-member Army Reserve, said he and other Pentagon leaders will be monitoring retention rates closely next year, when problems could begin to become apparent for full-time and part-time soldiers coming off long tours of duty in Iraq. ``Retention is what I am most worried about. It is my No. 1 concern,'' Helmly told USA TODAY's editorial board. ``This is the first extended-duration war the country has fought with an all-volunteer force.'' Helmly described the war on terrorism as an unprecedented test of the 30-year-old all-volunteer military. Historically, he said, the National Guard and Reserve were designed to mobilize for big wars and then bring soldiers home quickly. Today, he said, they have ``entered a brave new world'' where large numbers of troops will have to be deployed for long periods. Counting training time and yearlong tours in Iraq, some Army Reserve soldiers could be mobilized for 15 months or more. Helmly described the situation facing soldiers in Iraq as ``stressed'' but said he could not characterize it as at a ``breaking point.'' The stresses facing the nation's reservists were demonstrated again this week when the National Guard announced it had alerted a combat brigade from Washington state that it could be sent to Iraq next year if a third block of international troops cannot be recruited to join the British and Polish-led divisions now in Iraq. Guard officials said Monday that the 5,000-member 81st Army National Guard brigade from Washington state has been notified that it could be called to active duty. Helmly said a huge factor in Iraq will be the Pentagon's ability to train an Iraqi army and security force. The Defense Department recently announced plans to accelerate the development of an Iraqi army, pushing the goal from 12,000 troops to 40,000 troops in the next year. The Army National Guard and Army Reserve have about one- fourth of their troops--nearly 129,000 soldiers--on active duty. The active-duty Army and the Army Reserve both met their recruiting goals for the fiscal year that ends today. The Army National Guard, however, is expected to fall about 15% short of its recruiting goal of 62,000 soldiers. Although the Guard and Reserve say their retention rates have not suffered this year, the figures could be misleading. Under an order known as ``stop loss,'' soldiers on active duty are prohibited from leaving the service until their tours end. Active-duty and Reserve commanders fear that when U.S. soldiers on yearlong rotations come home next year, many will choose to leave the service. The ACTING PRESIDENT pro tempore. Is there further debate on the amendment? If not, the question is on agreeing to the amendment. The amendment (No. 1816) was agreed to. Mr. DASCHLE. Mr. President, I move to reconsider the vote. Mr. STEVENS. I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 1821 Mr. STEVENS. Mr. President, I send an amendment to the desk and ask for its immediate consideration. The ACTING PRESIDENT pro tempore. The clerk will report. The legislative clerk read as follows: The Senator from Alaska [Mr. Stevens] proposes an amendment numbered 1821. Mr. STEVENS. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with. The ACTING PRESIDENT pro tempore. Without objection, it is so ordered. The amendment is as follows: (Purpose: To strike the requirement for the Department of Defense to describe an Analysis of Alternatives for replacing the capabilities of the KC-135 aircraft fleet) Strike section 309. Mr. STEVENS. Mr. President, this is an amendment to delete a provision in the bill that required a report from the Department of the Interior. At the request of Senator McCain, I am removing that, and I ask unanimous consent to remove that from the bill before it goes to conference. I ask for its consideration. The ACTING PRESIDENT pro tempore. Is there further debate on the amendment? If not, the question is on agreeing to amendment No. 1821. The amendment (No. 1821) was agreed to. Amendment No. 1822 Mr. REID. Mr. President, if my friend, the Senator from Rhode Island, will be patient, I send an amendment to the desk on behalf of Senator Murray. The ACTING PRESIDENT pro tempore. The clerk will report. The legislative clerk read as follows: The Senator from Nevada [Mr. Reid], for Mrs. Murray, for herself and Mr. Durbin, proposes an amendment numbered 1822. Mr. REID. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with. The ACTING PRESIDENT pro tempore. Without objection, it is so ordered. [[Page S12358]] The amendment is as follows: (Purpose: To provide requirements with respect to United States activities in Afghanistan and Iraq) On page __, between lines __ and __, insert the following new section: SEC. __. REQUIREMENTS RELATING TO UNITED STATES ACTIVITIES IN AFGHANISTAN AND IRAQ. (a) Governance.--Activities carried out by the United States with respect to the civilian governance of Afghanistan and Iraq shall, to the maximum extent practicable-- (1) include the perspectives and advice of-- (A) women's organizations in Afghanistan and Iraq, respectively; (2) promote the inclusion of a representative number of women in future legislative bodies to ensure that the full range of human rights for women are included and upheld in any constitution or legal institution of Afghanistan and Iraq, respectively; and (3) encourage the appointment of women to high level positions within ministries in Afghanistan and Iraq, respectively. (b) Post-Conflict Reconstruction and Development.-- Activities carried out by the United States with respect to post-conflict stability in Afghanistan and Iraq shall, to the maximum extent practicable-- (1) encourage the United States organizations that receive funds made available by this Act to-- (A) partner with or create counterpart organizations led by Afghans and Iraqis, respectively; and (B) provide such counterpart organizations with significant financial resources, technical assistance, and capacity building; (2) increase the access of women to, or ownership by women of, productive assets such as land, water, agricultural inputs, credit, and property in Afghanistan and Iraq, respectively; (3) provide long-term financial assistance for education for girls and women in Afghanistan and Iraq, respectively; and (4) integrate education and training programs for former combatants in Afghanistan and Iraq, respectively, with economic development programs to-- (A) encourage the reintegration of such former combatants into society; and (B) promote post-conflict stability in Afghanistan and Iraq, respectively. (c) Military and Police.--Activities carried out by the United States with respect to training for military and police forces in Afghanistan and Iraq shall-- (1) include training on the protection, rights, and particular needs of women and emphasize that violations of women's rights are intolerable and should be prosecuted; and (2) encourage the personnel providing the training described in paragraph (1) to consult with women's organizations in Afghanistan and Iraq, respectively, to ensure that training content and materials are adequate, appropriate, and comprehensive. The ACTING PRESIDENT pro tempore. Is there further debate on the amendment? If not, the question is on agreeing to amendment No. 1822. The amendment (No. 1822) was agreed to. Amendment No. 1823 Mr. REID. Mr. President, I send an amendment to the desk on behalf of Senators Stabenow, Durbin, Boxer, Johnson, and Schumer. The ACTING PRESIDENT pro tempore. The clerk will report. The legislative clerk read as follows: The Senator from Nevada [Mr. Reid], for Ms. Stabenow, Mr. Durbin, Mrs. Boxer, Mr. Johnson, and Mr. Schumer, proposes an amendment numbered 1823. Mr. REID. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with. The ACTING PRESIDENT pro tempore. Without objection, it is so ordered. The amendment is as follows: (Purpose: To provide emergency relief for veterans healthcare, school construction, healthcare and transportation needs in the United States, and to create 95,000 new jobs) At the appropriate place, insert the following: SEC. __. A MONTH FOR AMERICA. (a) Veterans Healthcare.--For an additional amount for veterans healthcare programs and activities carried out by the Secretary of Veterans Affairs, $1,800,000,000 to remain available until expended. (b) School Construction.-- (1) In general.--For an additional amount for the Fund for the Improvement of Education under part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241 et seq.), $1,000,000,000 for such fund that shall be used by the Secretary of Education to award formula grants to State educational agencies to enable such State educational agencies-- (A) to expand existing structures to alleviate overcrowding in public schools; (B) to make renovations or modifications to existing structures necessary to support alignment of curriculum with State standards in mathematics, reading or language arts, or science in public schools served by such agencies; (C) to make emergency repairs or renovations necessary to ensure the safety of students and staff and to bring public schools into compliance with fire and safety codes; (D) to make modifications necessary to render public schools in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); (E) to abate or remove asbestos, lead, mold, and other environmental factors in public schools that are associated with poor cognitive outcomes in children; and (F) to renovate, repair, and acquire needs related to infrastructure of charter schools. (2) Amount of grant.--The Secretary of Education shall allocate amounts available for grants under this subsection to States in proportion to the funds received by the States, respectively, for the previous fiscal year under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq). (c) Healthcare.--For an additional amount for healthcare programs and activities carried out through Federally qualified health centers (as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa))), $103,000,000 to remain available until expended. (d) Transportation and Job Creation.-- (1) In general.--For an additional amount for transportation and job creation activities-- (A) $1,500,000,000 for capital investments for Federal-aid highways to remain available until expended; and (B) $600,000,000 for mass transit capital and operating grants to remain available until expended. (2) Priority.--In allocating amounts appropriated under paragraph (1), the Secretary of Transportation shall give priority to Federal-aid highway and mass transit projects that can be commenced within 90 days of the date on which such amounts are allocated. (b) Offset.--Each amount appropriated under title II under the heading ``OTHER BILATERAL ECONOMIC ASSISTANCE--FUNDS APPROPRIATED TO THE PRESIDENT--Iraq Relief and Reconstruction Fund'' (other than the amount appropriated for Iraqi border enforcement and enhanced security communications and the amount appropriated for the establishment of an Iraqi national security force and Iraqi Defense Corps) shall be reduced on a pro rata basis by $5,030,000,000. (c) Sense of the Senate.--It is the sense of the Senate that Congress should consider an additional $5,030,000,000 funding for Iraq relief and reconstruction during the fiscal year 2005 budget and appropriations process. Mr. REID. Mr. President, I ask unanimous consent that this amendment be set aside for the offering of an amendment by the Senator from Rhode Island. The ACTING PRESIDENT pro tempore. Without objection, it is so ordered. The amendment will be set aside. The Senator from Rhode Island. Amendment No. 1812, As Modified Mr. REED. Mr. President, I call up amendment No. 1812 and send a modification to the desk. The ACTING PRESIDENT pro tempore. The clerk will report. The legislative clerk read as follows: The Senator from Rhode Island [Mr. Reed], for himself, Mr. Bayh, and Mr. Kennedy, proposes an amendment numbered 1812, as modified. Mr. REED. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with. The ACTING PRESIDENT pro tempore. Without objection, it is so ordered. The amendment will be so modified. The amendment is as follows: (Purpose: To increase the amount provided for the Army for procurement of High Mobility Multipurpose Wheeled Vehicles, to require an Army reevaluation of requirements and options for procuring armored security vehicles, and to provide an offset) On page 22, between lines 12 and 13, insert the following: Sec. 316. (a) Of the funds provided in this title under the heading ``Iraq Freedom Fund'', up to $191,100,000 be available for the procurement of up-armored High Mobility Multipurpose Wheeled Vehicles in addition to the number of such vehicles for which funds are provided within the amount specified under such heading. Mr. REED. Mr. President, I ask unanimous consent that Senator Kennedy be added as a cosponsor. The ACTING PRESIDENT pro tempore. Without objection, it is so ordered. Mr. REED. Mr. President, I rise to offer an amendment to ensure that our troops in Iraq and other dangerous areas throughout the world, many of whom are Reservists and members of the National Guard, have the equipment they need to protect themselves. In particular, I would like to discuss the uparmored Humvees which soldiers need to protect themselves from the threat of RPGs and mines and weapons that are inflicting casualties today as we speak in Iraq. [[Page S12359]] To effectively carry out the mission, Army officials have said that they need more Humvees, uparmored Humvees. I believe them. The administration in this bill failed to fully meet that request. My amendment is designed to meet the needs of the Army today as they face these numerous threats around the globe. The amendment is cosponsored by Senators Bayh and Kennedy. It would add funding to this supplemental request to buy additional uparmored Humvees and would also direct the Army to reevaluate its requirements for the armored security vehicle. The HMMWV, or high mobility multipurpose wheeled vehicle, better known as the Humvee, is the workhorse of the United States. It is being used around the globe today in conflicts from Afghanistan to Iraq to the Balkans. The uparmored Humvee is a variation of the basic vehicle. It was designed to offer increased protection to troops from small arms fire, rocket-propelled grenades, and blasts from mines. It was designed primarily for military police and special operations personnel, exactly the type of soldiers being called upon to do very dangerous missions in Iraq today. The armored security vehicle, or the ASV, is also a vehicle in the Army inventory. It is designed to complement the uparmored Humvee. There are very few of them, but it is a requirement that I believe the Army should study again. In July, I visited Iraq and had the opportunity to meet with my constituents from the Rhode Island National Guard, the 115th Military Police Company, and 119th Military Police Company, the 118th Military Police Battalion. It was on the tarmac at Baghdad International Airport. I got off the aircraft with my colleagues. I rushed over to the formation of these military police men and women. I began to speak with them. The first request that I got was repeated several times over: We need uparmored Humvees. We are in a dangerous situation. We are patrolling the roads of Iraq. We see other units with these vehicles. We need them. When I came back to the United States, I was convinced that we needed more uparmored Humvees. In the intervening weeks, the Rhode Island National Guard, 115th Military Police Company, has lost three soldiers. Two were killed when an improvised explosive device, a 155-millimeter shell, exploded underneath their regular Humvee. No one can determine whether or not an uparmored Humvee would have saved the lives of these two soldiers, Staff Sergeant Joseph Camara and Sergeant Charles Caldwell. I know having such a vehicle would add to the confidence and security of the troops. A few days ago Specialist Michael Andrade of the 115th Military Police was killed, again in a Humvee in an accident involving a convoy operation in which a tanker truck crashed into his vehicle. Last Monday evening I was there in Rhode Island when they brought Specialist Andrade's body home to his family. This Saturday he will be buried in Rhode Island. I know you can't determine whether or not this type of vehicle would have saved this young soldier's life. But I can tell you, if they had a choice, all of our military police, all of our soldiers in Iraq would prefer to be in an uparmored Humvee than a Humvee without the armor, and their families would make that choice, also. It is clear that we need more. This bill contains more vehicles. I commend the President for that proposal. I believe we need more than even what is included in this bill. When I returned from Iraq, I wrote to Secretary Rumsfeld. I also called the Army. At that time I was verbally told by the Army that the requirement for additional Humvees was about 500. But then as the summer wore on, several things became apparent. This insurgency was extremely serious and extremely lethal. Also that the requirement for uparmored Humvees was going up. Indeed, I believe--I have said this before--that we could be involved and will likely be involved in Iraq for years, not months, stretching perhaps to 10 years. These are the types of vehicles that are crucial to effective operation in an occupation force as we have in Iraq. Now, my initial response from the Army was that they need 500 more. By September 8, the Army sent a formal response indicating that the requirement now is 1,723 uparmored Humvees and 1,461 will be sent immediately to the theater. I commend the Army because they have tried their best to move as many available vehicles into the theater of Iraq as possible. Now, 619 vehicles were coming off the assembly line and being sent directly to Iraq; 430 were being pulled from units in the United States and Europe; another 412 were pulled out of the Balkans. So we are trying to meet the need in Iraq, but we are doing it by taking these vehicles from other potentially dangerous areas, such as the Balkans. Also, vehicles were taken from the units in the United States--we hope they are training on these vehicles in preparation to go overseas. I believe indeed that this requirement will increase, and in fact what we have seen throughout the course of the last several months is the Army and the Department of Defense seriously reevaluating the need for uparmored Humvees. They have concluded that these uparmored Humvees are indeed necessary. We have received information that the Army in fact has a requirement in excess of 3,400 vehicles. Again, just a few weeks ago, the requirement was 1,700; now the requirement is 3,400 vehicles. They say the best way to accommodate future funding for increased production would be to use the Iraqi Freedom Fund. I propose to do that. In fact, OSD has concurred with this approach. The Secretary of Defense has concurred. What we are waiting on is a validation of how many of these vehicles can be produced at the assembly point. So my amendment is straightforward. It requests additional money in the amount of approximately $191 million from the Iraqi Freedom Fund to buy 800 additional vehicles, or so many as may be acquired with that money. In fact, I hope we can, in the next year, buy even more. The analysis by myself and my staff suggests this money would be sufficient to fully operate the production line and get all the vehicles possible that we need. The Iraqi Freedom Fund in this bill contains $1.9 billion, so there are sufficient resources. I believe we should do this and we should do it promptly. The indication from the Army is that they need the vehicles, and also if we act in this appropriations bill, we can speed those vehicles to Iraq. As I said earlier, there is another aspect of this, and that is the armored security vehicle. We are asking the Army to look back at this requirement and reevaluate it. I will conclude by taking the advice of Secretary Rumsfeld that it is not necessary to listen to the media but listen to the soldiers. I have a letter from a young lieutenant in Afghanistan. Here is what he writes: I am the leader of one platoon of many here trained Stateside for dismounted missions and handed uparmored Humvees upon arrival at our firebases. My strong NCO's have adapted and worked hard to train on this different platform. I feel it is criminal, however, to have sent so many units here without Stateside training on either the . . . uparmored Humvee or its complementary weapon, the MK-19 auto grenade launcher and M2 .50 caliber machine gun. He goes on to say: Our mechanics, for example, have no experience with the uparmored Humvees and are too few to fix vehicles which have been driven hard for at least 18 months on the awful ``roads'' here. Without vehicles, we have no mobility. Without mobility, we cannot either protect the reconstruction teams or interdict terrorists/criminals intent on rocketing our bases and mining the roads. That is the viewpoint of one of these magnificent young soldiers in Afghanistan working with the vehicles. He appreciates the value of the vehicles. I think every soldier, every squad that has missions like this, whether in Afghanistan or Iraq, should have these vehicles, and that is the intent of this amendment. Further, I will add that one of the suggestions to me in his letter is: Purchase new uparmored Humvees for Afghanistan to replace the ones about to die or send qualified mechanics with the requisite parts to fix them. That could be written by any soldier in Afghanistan or Iraq, and indeed there are many in Iraq, particularly, that do not even have access to [[Page S12360]] uparmored Humvees. I will conclude by thanking the chairman and the staff for their assistance on this amendment. I also thank the chairman sincerely not only for this effort but for almost $900 million of additional funding for the Army, for vests, for a host of equipment. I also understand from our discussion that he feels as strongly as I do about this issue and will do his best in conference to ensure these additional Humvees are provided. I yield the floor. Mr. STEVENS. Mr. President, the Senator is correct. We funded in this bill what we thought were a number of these upgraded Humvees that could be produced and were the stated demand of the Army at that time. This demand keeps going up as it is realized how much these Humvees need to be modernized. We have changed to deal with the circumstances in Iraq. They are very interesting modifications. We have both been briefed on them. Some of the modifications are still classified. It is our intention to fund it. Coming out of conference, I will do my utmost to fund the number of Humvees that can be upgraded in a reasonable period ahead of time so we can meet this demand so that every group of the military that needs Humvees for their protection will be modernized and upgraded for self-protection. They do have to have some additional items. There are methods some of the terrorists have used to destroy Humvees that can't be defended against. So it is our intention to modernize these Humvees. They were not defective. Some of the methods terrorists use are unique. We need additional protection from above, and from the side, and from the rear, and underneath the Humvees. We cannot turn them completely into shockproof tanks, but we are going to do our best. This is a No. 1 priority for the Senate, as far as I am concerned--that and the problem of finding these weapons caches and destroying them, or really making certain that the usable weapons, particularly hand-held weapons, are put under guard and assured that they will not get in the wrong hands. I thank the Senator for his willingness to accept our modifications, and I assure him we will keep on top of this. We will confer with the Senator because I know of his distinguished Army career. We are pleased to have his assistance on this matter. The ACTING PRESIDENT pro tempore. The question is on agreeing to the amendment. The amendment (No. 1812), as modified, was agreed to. Mr. STEVENS. I move to reconsider the vote and I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 1808 Mr. STEVENS. Mr. President, I send an amendment to the desk for Mr. Voinovich and Mr. Lott. The ACTING PRESIDENT pro tempore. The clerk will report. The assistant legislative clerk read as follows: The Senator from Alaska [Mr. Stevens], for Mr. Voinovich and Mr. Lott, proposes an amendment numbered 1808. The amendment is as follows: (Purpose: To require a report on efforts to increase financial contributions from the international community for reconstruction in Iraq and the feasibility of repayment of funds contributed for infrastructure projects in Iraq) 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-- (A) of bilateral debts incurred during the regime of Saddam Hussein; and (B) of the funds contributed by the United States to finance infrastructure projects in Iraq. Mr. STEVENS. Mr. President, this is an amendment we discussed earlier on the floor. I was ready to offer it earlier but was prevented. The amendment would require a report from the President concerning the efforts of the United States to increase resources that are available in Iraq from other countries, and to do other matters, such as a description of the bilateral impact on the Iraq action, the question of forgiveness of debts, and other items that we believe are substantial and on which we should have a report from the administration. These reports request no later than 120 days. I will state for the information of the Senate, there are several amendments we are looking at that deal with reports. It is my hope that the conference committee will have a report section. I see in some of these amendments not a conflict but an overlapping of requests, and the timing of them is different. I do not believe we should put a requirement on these people to report one week on one item, another week on another item, and another week on another item when they are all related. We should have quarterly reports from the administration on what is going on with both sections of this bill and how the money is being handled. This is a bill that has considerable discretion because it is a supplemental bill. It is in addition to the enormous bill we passed and the President already signed. Therefore, there is a lot of discretion as to where the money goes. It is a mechanism to avoid what has been done in the past, as I have said repeatedly. In the past, Presidents have dipped into the money available to the Department of Defense and have used it in other places. We have taken the occasion to provide the money in advance and have allowed discretion of the President to put it in the places where it is needed and tell us 5 days before that happens and report to us later on how the money was actually used. Those reports will come to us. I am sure we will keep very good track of the people's money as we proceed. Mr. President, so far as I am concerned, that is the last item to be considered tonight. The ACTING PRESIDENT pro tempore. Is there further debate on the amendment? If not, the question is on agreeing to amendment No. 1808. The amendment (No. 1808) was agreed to. Mr. STEVENS. I move to reconsider the vote, and I move to lay that motion on the table. The motion to lay on the table was agreed to. Mr. STEVENS. Mr. President, the leader will shortly make a statement concerning the bill. As the manager of the bill, we have an understanding that tomorrow there will be a period during which Senators may bring amendments to the floor and offer them so they will be in the queue, so to speak. There will be no consideration of any amendment tomorrow and no vote on any amendment tomorrow. The ACTING PRESIDENT pro tempore. The Senator from Michigan. Mr. LEVIN. Mr. President, I voted for the McConnell amendment, as modified, because I believe that it is appropriate to recognize and commend the men and women of our Armed Forces for their bravery, professionalism and dedication during the military campaigns in Afghanistan and Iraq; to honor the sacrifice of those who died or were wounded and to convey our deepest sympathy and condolences to their families and friends; and to support the efforts of communities across the Nation who are honoring our troops. Although I voted for the amendment, I want to make clear that I have some reservations about some parts of it. For example, I do not believe that the planning for the post-Saddam portion of the military campaign in Iraq was done well. Additionally, I want to note my concern that there may be unacceptable profiteering by some contractors in the post- Saddam period in Iraq. [[Page S12361]] ____________________