Arlen Specter

Mr. SPECTER

Mr. SPECTER. As the Senator knows, a second requirement for States to qualify for these grants is that--whether by State statute, State or local rule, regulation or practice--they preserve biological evidence in a reasonable way. Do the Senators from Delaware and Utah agree with me that States would qualify so long as they preserve evidence in a way sufficient to permit the testing provided for in their State statutes? For example, if a State law provides a three year time limit on post- conviction DNA testing, a practice of preserving evidence throughout those three years would qualify as ``reasonable'' under this legislation. Thus, for example, Pennsylvania, Delaware, Ohio and Utah would qualify.

Mr. SPECTER. I thank the Senator for yielding time. I would just say that I completely agree with the understanding of the Senators from Delaware and Utah on this.

Mr. SPECTER

Mr. SPECTER. Agreed.

Mr. SPECTER. Mr. President, I ask unanimous consent that when the Senate resumes consideration of the Iraq supplemental, the Senate then resume consideration of the McConnell amendment, as modified, with the technical changes at the desk; provided further, that there then be 40 minutes equally divided in the usual form; further, that following the use or yielding back of time, the Senate proceed to a vote on or in relation to the amendment, with no amendments in order to the amendment prior to the vote.

Mr. SPECTER. Mr. President, a considerable controversy has arisen as to the allegations of leaks from the White House with respect to the identification of a CIA operative, or a CIA agent, and there have been calls for special counsel to be appointed by the Attorney General. The Attorney General has taken the position that the investigation can be appropriately carried out by the professionals in the Department of Justice and the professionals in the FBI. I think it is curious that the call for a special counsel has come only after the issue has become a cause celebre with the publication by the Washington Post of the front page story on Sunday. This investigation had been pending for a protracted period of time. It came to light in a newspaper column back in July. But until it had attained notoriety and attracted public attention, nobody came forward to make a suggestion that there ought to be special counsel. The Congress of the United States decided to allow the independent counsel statute to lapse. We considered it in 1999 in the Governmental Affairs Committee. Legislation was introduced by Senator Collins and myself on the Republican side, and Senators Levin and Lieberman on behalf of the Democrats. But there was no interest in having the independent counsel statute continued. I favored the independent counsel because it established a specific procedure as to when there ought to be independent counsel in the event of a prospective conflict of interest, or appearance of conflict; it provided for judicial appointment of independent counsel. But that was rejected by the Congress. And it is interesting to know that of all those on the other side of the aisle among the Democratic Senators, none of them had cosponsored the legislation or, to my knowledge, had spoken in favor of the legislation--except, as I have noted, Senator Levin and Senator Lieberman. In rejecting a call to renew independent counsel, what we had was the judgment of the Congress that the existing institutions were sufficient. That is having it in the Department of Justice and having the procedures established by the Attorney General who was in office during the Clinton administration. I suggest having decided that, we ought to give the existing institutions an opportunity to function. I think it is important to note that it wasn't the Attorney General who started the investigation, it was one of his subordinates. The matter is being handled by Mr. John Dion, who is a career professional. I had considerable contact with Mr. Dion during the course of the Judiciary Committee oversight when Independent Counsel Starr was in operation. The matter is being investigated by the FBI and is being kept at the headquarters level to assure greater involvement and control by Director Robert Mueller. It ought to be noted Director Mueller has a 10-year term. His term will not expire for 2\1/2\ years after a prospective second term of President Bush. FBI Directors have been known to be independent and professional. Former FBI Director Louis Freeh had considerable disagreements with President Clinton and refused to give information to the White House at a time when Director Freeh concluded there was a criminal investigation which might involve President Clinton. So we have a standard for professionalism by the Federal Bureau of Investigation, and we have a standard of professionalism by the career people in the Department of Justice. There is also the oversight by the Judiciary Committee. This is a matter where we took considerable interest in what Independent Counsel Ken Starr did. It is worth noting that there are many members of the Judiciary Committee who have experience as prosecuting attorneys with the attendant responsibilities for investigation. I was district attorney of Philadelphia for some 8 years. We have on the committee staff other former DAs, attorneys general, U.S. attorneys, so that the Judiciary Committee is in a position to have oversight, our constitutional responsibility, to see to it that the investigation is appropriately carried out. There may come a time when special counsel would be warranted, but it seems to me that at this stage, there ought not to be politicization of the matter, although I understand the ways of Washington, but it is anomalous that those who are now calling for special counsel had no interest in institutionalizing the independent counsel except, as I say, for Senator Lieberman and Senator Levin. I thank the Chair and yield the floor.

Mr. SPECTER. Mr. President, I agree with the Senator from Nevada that this is a serious matter. When he quotes the poll, I would say it would go beyond losing jobs. If someone has violated the law, there is a very substantial jail sentence which is proposed. But my comments I do not think constituted legal jargon at all. I think they were taking a look at the fact that the Congress has decided we would not have an independent counsel procedure when we did not renew the law. I fought hard to have that done as a principal position, regardless of which party is involved. Now there is an immediate call for special counsel only after this matter becomes highly publicized, only after it becomes an opportunity for political gain--only then. This matter was pending since July when the CIA and part of the administration asked the Department of Justice for an investigation, and the investigation was going forward. Now it has been the subject of a demand for a special prosecutor by people who were indifferent to the institution of Government when independent counsel was considered for renewal. We have a Department of Justice with professionals. We have an FBI with a Director who has a 10-year term. To repeat, his term will not expire until 2\1/2\ years after the end of the prospective second term for President Bush. So far, we have allegations, and they are serious allegations, and they ought to be investigated in due course without an immediate attempt for politicization, once it becomes a matter of high visibility as it has been since last Sunday. It only took until Monday to have a call for the independent counsel, and here we are on Wednesday. Mr. President, I have been asked to handle the wrapup material on behalf of the majority leader as the sole remaining standing Republican present on the Senate floor. Amendment No. 1795, As Modified

Mr. SPECTER. Mr. President, I ask unanimous consent that amendment No. 1795 be modified with the language at the desk.

Mr. SPECTER. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. SPECTER. Mr. President, I spoke yesterday on the floor and also in the Appropriations Committee in support of having the $20 billion which the administration has asked for the reconstruction of Iraq to be in the form of loans or loan guarantees instead of grants. I have made that suggestion in an effort to be helpful to the administration. I analogize the situation in Iraq to a company, an enterprise, an entity in bankruptcy. Iraq is supposed to have some $200 billion in obligations. By analogy to a bankruptcy proceeding, those obligations are to be discharged. General creditors come last in line and, in the absence of any assets, they receive nothing. The situation for the United States in advancing funds for the reconstruction of Iraq, it seems to me, ought to be in loans or loan guarantees because Iraq has substantial potential for its oil revenues, sitting on the second largest pool of oil in the world. I reject the contention that this would discourage other donor nations from helping Iraq. It seems to me if the United States is to come in and make a gift, a grant, that just encourages other nations to say: Well, let's let the United States do it. If we at least refrain from taking a position until the donors conference on October 23 in Madrid, then we might use our situation to leverage funds from other countries. The argument has also been advanced that if we make a loan or a loan guarantee, it will confirm to the Arab nations the contention that we are just there for Iraq oil. But that is a specious contention because we are not taking the money for ourselves or our military operations but using it only for the rebuilding of Iraq which is for the benefit of the people of Iraq. Since I made the statements yesterday, a very able staff member, my general counsel David Brog, has researched the subject and has found a Security Council resolution which is very relevant to this proposition, a resolution which was enacted on May 21 of this year. The resolution is No. 1483, and it provides that there is to be a fund created. And the fund, under the control of the United States and the United Kingdom, may be used to pay for the rebuilding of Iraq. So that when we are searching for multilateralism and when we are searching for United Nations approval, not just what the United States might want to do or the United States and Great Britain might want to do, this U.N. Resolution 1483 provides that authority. It also is of substantial assistance in answering a legal question which I had raised yesterday, which posed some difficulty, and that is: To whom would the United States loan the money? Who would be the contract party when there is no government in Iraq at the present time? The U.N. resolution which establishes this fund has a reference to U.N. participation, International Monetary Fund participation, World Bank participation, and auditing which is to be done by many countries, including Arab countries, so that the fund, in and of itself, it seems to me, as a legal proposition, has sufficient status as an entity to be a contracting party. So that when the revenues are realized from Iraqi oil, or they go into the fund, the United States may deal with the fund, with the other parties present--as I say, the World Bank, International Monetary Fund, the U.N., and auditing countries--having some status with the fund to give extra assurances of fairness that the contract is really in the interest of the Iraqi people. Mr. President, I ask unanimous consent that the text of U.N. Resolution 1483 be printed in the Congressional Record following my statement.

Mr. SPECTER. Mr. President, I have further extracted an analysis of this U.N. resolution, which is hard to follow if you just pick up the resolution and read it. The analysis establishes the approach I have just summarized. One clause, which is denominated Roman numeral I-- first, I ask unanimous consent that this addendum be printed in the Record following my statement.

Mr. SPECTER. Roman numeral I is the clause which recognizes the United States and the United Kingdom as the authority. Roman numeral II establishes the Development Fund for Iraq, including establishing the International Advisory and Monitoring Board to audit in the Development Fund. Roman numeral III from the U.N. resolution gives the authority and power to disburse the funds in the Development Fund for Iraq. Roman numeral IV establishes that the Development Fund for Iraq must be used, among other things, for the economic reconstruction and repair of Iraq's infrastructure. Roman numeral V mandates that 95 percent of the proceeds received from export sales of petroleum, petroleum products, and natural gas must be deposited into the Development Fund for Iraq until an Iraqi government is properly constituted. The other 5 percent is to be deposited into the Compensation Fund, which was set up, per U.N. Resolution 687 in 1991, to compensate those who suffered losses or damages as a result of Iraq's invasion and occupation of Kuwait. In effect, this Security Council resolution anticipates the precise issue which the Congress is now facing. It is necessary to have these funds for the rebuilding of Iraq, but there is no good reason it ought to be a grant or a gift. When Iraq has the resources--the oil--to pay for the reconstruction of Iraq and to take care of the rebuilding of Iraq; and with the authority of the U.N. it eliminates any concern about the United States acting unilaterally or in conjunction with the United Kingdom--acting with the two countries unilaterally--because this has been sanctioned by the United Nations. Creating this fund, there is an entity to look to, to provide the repayment, as the U.N. resolution calls for 95 percent of the fund to be used for the rebuilding of Iraq. There is significant concern in the Congress--I have heard it among my colleagues--as to how these funds are to be advanced. The administration has taken the position that they want grants or gifts. From my soundings in Pennsylvania and from what I hear from my colleagues in other States, the American people are very concerned about what is going on in Iraq generally, they are very concerned about the casualties and fatalities. We honor and respect and praise the Armed Forces for the military victory which has been achieved. We are concerned about our military personnel there not really being police officials, hopeful that there will be U.N. assistance on other forces being there, looking for an Iraqi police force to be trained. But when it comes to the issue of the advancement of funds, this Security Council resolution sets parameters, sets the procedures, which authorizes and authenticates the propriety of having the loans made or loan guarantees so that the United States can be repaid. I hear considerable concern among my constituents, and I hear it from my colleagues in the Senate, about the tightness of our budget, the difficulties of providing important discretionary funding. In September, I managed the bill on Labor, Health and Human Services, and Education. Notwithstanding that $136.6 billion is really insufficient funds to take care of all of our educational, health, and worker safety needs, I think it is appropriate and reassuring to the American people that where we can avoid adding to the deficit and to the national debt, we take steps to do just that. Exhibit 1 Analysis of the UN Resolution 1484 as it pertains to the Development Fund for Iraq (adopted by the United Nations on May 21, 2003 by a vote of 14-0, with Syria not participating) i. the following clause recognizes the united states and the united kingdom as the ``authority'' (un resolution 1484, pg. 2 para. 3) Noting the letter of 8 May 2003 from the Permanent Representatives of the United States of America and the United Kingdom of Great Britain and Northern Ireland to the President of the Security Council (S/2003/538) and recognizing the specific authorities, responsibilities, and obligations under applicable international law of these states as occupying powers under unified command (the ``Authority''), ii. the following clause establishes the development fund for iraq, including establishing the international advisory and monitoring board to audit the development fund. (un resolution 1484, pg. 4, para. 12) 12. Notes the establishment of a Development Fund for Iraq to be held by the Central Bank of Iraq and to be audited by independent public accountants approved by the International Advisory and Monitoring Board of the Development Fund for Iraq and looks forward to the early meeting of that International Advisory and Monitoring Board, whose members shall include duly qualified representatives of the Secretary-General, of the Managing Director of the International Monetary Fund, of the Director-General of the Arab Fund for Social and Economic Development, and of the President of the World Bank; iii. the following clause gives the ``authority'' the power to disburse the funds in the development fund for iraq. (un resolution 1484, pg. 4, para. 13) 13. Notes further that the funds in the Development Fund for Iraq shall be disbursed at the direction of the Authority, in consultation with the Iraqi interim administration, for the purposes set out in paragraph 14 below; iv. the following clause establishes that the Development Fund for Iraq must be used, among other things, for the economic reconstruction and repair of the Iraq's infrastructure. (un resolution 1484, pg. 4, para. 14) 14. Underlines that the Development Fund for Iraq shall be used in a transparent manner to meet the humanitarian needs of the Iraqi people, for the economic reconstruction and repair of Iraq's infrastructure, for the continued disarmament of Iraq, and for the costs of Iraqi civilian administration, and for other purposes benefiting the people of Iraq; v. the following clause mandates that 95% of the proceeds received from export sales of petroleum, petroleum products, and natural gas must be deposited into the development fund for iraq until an iraqi government is properly constituted. (the other 5% will be deposited into the compensation fund, which was set up, per un resolution 687 (1991), to compensate those who suffered losses or damages as a result of iraq's invasion and occupation of kuwait). (un resolution 1484, pg. 6, para. 20) 20. Decides that all export sales of petroleum, petroleum products, and natural gas from Iraq following the date of the adoption of this resolution shall be made consistent with prevailing international market best practices, to be audited by independent public accountants reporting to the International Advisory and Monitoring Board referred to in paragraph 12 above in order to ensure transparency, and decides further that, except as provided in paragraph 21 below, all proceeds from such sales shall be deposited into the Development Fund for Iraq until such time as an internationally recognized, representative government of Iraq is properly constituted; Exhibit 2 (From the United Nations Security Council, 21 May 2003.) spain, united kingdom of great britain and northern ireland and united states of america: draft resolution The Security Council, Recalling all its previous relevant resolutions, Reaffirming the sovereignty and territorial integrity of Iraq, Reaffirming also the importance of the disarmament of Iraqi weapons of mass destruction and of eventual confirmation of the disarmament of Iraq, Stressing the right of the Iraqi people freely to determine their own political future and control their own natural resources, welcoming the commitment of all parties concerned to support the creation of an environment in which they may do so as soon as possible, and expressing resolve that the day when Iraqis govern themselves must come quickly, Encouraging efforts by the people of Iraq to form a representative government based on the rule of law that affords equal rights and justice to all Iraqi citizens without regard to ethnicity, religion, or gender, and, in this connection, recalls resolution 1325 (2000) of 31 October 2000, Welcoming the first steps of the Iraqi people in this regard, and noting in this connection the 15 April 2003 Nasiriyah statement and the 28 April 2003 Baghdad statement, Resolved that the United Nations should play a vital role in humanitarian relief, the reconstruction of Iraq, and the restoration and establishment of national and local institutions for representative governance, Noting the statement of 12 April 2003 by the Ministers of Finance and Central Bank Governors of the Group of Seven Industrialized Nations in which the members recognized the need for a multilateral effort to help rebuild and develop Iraq and for the need for assistance from the International Monetary Fund and the World Bank in these efforts, Welcoming also the resumption of humanitarian assistance and the continuing efforts of the Secretary-General and the specialized agencies to provide food and medicine to the people of Iraq, Welcoming the appointment by the Secretary-General of his Special Adviser on Iraq, Affirming the need for accountability for crimes and atrocities committed by the previous Iraqi regime, Stressing the need for respect for the archaelogical, historical, cultural, and religious heritage of Iraq, and for the continued protection of archaeological, historical, cultural, and religious sites, museums, libraries, and monuments. Noting the letter of 8 May 2003 from the Permanent Representatives of the United States of America and the United Kingdom of Great Britain and Northern Ireland to the President of the Security Council (S/2003/538) and recognizing the specific authorities, responsibilities, and obligations under applicable international law of these states as occupying powers under unified command (the ``Authority''), Noting further that other States are not occupying powers are working now or in the future may work under the Authority, Welcoming further the willingness of Member States to contribute to stability and security in Iraq by contributing personnel, equipment, and other resources under the Authority, Concerned that many Kuwaitis and Third-State Nationals still are not accounted for since 2 August 1990, Determining that the situation in Iraq, although improved, continues to constitute a threat to international peace and security, Acting under Chapter VII of the Charter of the United Nations, 1. Appeals to Member States and concerned organizations to assist the people of Iraq in their efforts to reform their institutions and rebuild their country, and to contribute to conditions of stability and security in Iraq in accordance with this resolution; 2. Calls upon all Member States in a position to do so to respond immediately to the humanitarian appeals of the United Nations and other international organizations for Iraq and to help meet the humanitarian and other needs of the Iraqi people by providing food, medical supplies, and resources necessary for reconstruction and rehabilitation of Iraq's economic infrastructure; 3. Appeals to Member States to deny safe haven to those members of the previous Iraqi regime who are alleged to be responsible for crimes and atrocities and to support actions to bring them to justice; 4. Calls upon the Authority, consistent with the Charter of the United Nations and other relevant international law, to promote the welfare of the Iraqi people through the effective administration of the territory, including in particular working towards the restoration of conditions of security and stability and the creation of conditions in which the Iraqi people can freely determine their own political future; 5. Calls upon all concerned to comply fully with their obligations under international law including in particular the Geneva Conventions of 1949 and the Hague Regulations of 1907; 6. Calls upon the Authority and relevant organizations and individuals to continue efforts to locate, identify, and repatriate all Kuwaiti and Third-State Nationals or the remains of those present in Iraq on or after 2 August 1990, as well as the Kuwaiti archives, that the previous Iraqi regime failed to undertake, and, in this regard, directs the High-Level Coordinator, in consultation with the International Committee of the Red Cross and the Tripartite Commission and with the appropriate support of the people of Iraq and in coordination with the Authority, to take steps to fulfil his mandate with respect to the fate of Kuwaiti and Third-State National missing persons and property; 7. Decides that all Member States shall take appropriate steps to facilitate the safe return to Iraqi institutions of Iraqi cultural property and other items of archaeological, historical, cultural, rare scientific, and religious importance illegally removed from the Iraq National Museum, the National Library, and other locations in Iraq since the adoption of resolution 661 (1990) of 6 August 1990, including by establishing a prohibition on trade in or transfer of such items and items with respect to which reasonable suspicion exists that they have been illegally removed, and calls upon the United Nations Educational, Scientific, and Cultural Organization, Interpol, and other international organizations, as appropriate, to assist in the implementation of this paragraph; 8. Requests the Secretary-General to appoint a Special Representative for Iraq whose independent responsibilities shall involve reporting regularly to the Council on his activities under this resolution, coordinating activities of the United Nations in post-conflict processes in Iraq, coordinating among United Nations and international agencies engaged in humanitarian assistance and reconstruction activities in Iraq, and, in coordination with the Authority, assisting the people of Iraq through: (a) coordinating humanitarian and reconstruction assistance by United Nations agencies and between United Nations agencies and non-governmental organizations; (b) promoting the safe, orderly, and voluntary return of refugees and displaced persons; (c) working intensively with the Authority, the people of Iraq, and others concerned to advance efforts to restore and establish national and local institutions for representative governance, including by working together to facilitate a process leading to an internationally recognized, representative government of Iraq; (d) facilitating the reconstruction of key infrastructure, in cooperation with other international organizations; (e) promoting economic reconstruction and the conditions for sustainable development, including through coordination with national and regional organizations, as appropriate, civil society, donors, and the international financial institutions; (f) encouraging international efforts to contribute to basic civilian administration functions; (g) promoting the protection of human rights; (h) encouraging international efforts to rebuild the capacity of the Iraqi civilian police force; and (i) encouraging international efforts to promote legal and judicial reform; 9. Supports the formation, by the people of Iraq with the help of the Authority and working with the Special Representative, of an Iraqi interim administration as a transitional administration run by Iraqis, until an internationally recognized, representative government is established by the people of Iraq and assumes the responsibilities of the Authority; 10. Decides that, with the exception of prohibitions related to the sale or supply to Iraq of arms and related materiel other than those arms and related materiel required by the Authority to serve the purposes of this and other related resolutions, all prohibitions related to trade with Iraq and the provision of financial or economic resources to Iraq established by resolution 661 (1990) and subsequent relevant resolutions, including resolution 778 (1992) of 2 October 1992, shall no longer apply; 11. Reaffirms that Iraq must meet its disarmament obligations, encourages the United Kingdom of Great Britain and Northern Ireland and the United States of America to keep the Council informed of their activities in this regard, and underlines the intention of the Council to revisit the mandates of the United Nations Monitoring, Verification, and Inspection Commission and the International Atomic Energy Agency as set forth in resolutions 687 (1991) of 3 April 1991, 1284 (1999) of 17 December 1999, and 1441 (2002) of 8 November 2002; 12. Notes the establishment of a Development Fund for Iraq to be held by the Central Bank of Iraq and to be audited by independent public accountants approved by the International Advisory and Monitoring Board of the Development Fund for Iraq and looks forward to the early meeting of that International Advisory and Monitoring Board, whose members shall include duly qualified representatives of the Secretary-General, of the Managing Director of the International Monetary Fund, of the Director-General of the Arab Fund for Social and Economic Development, and of the President of the World Bank; 13. Notes further that the funds in the Development Fund for Iraq shall be disbursed at the direction of the Authority, in consultation with the Iraqi interim administration, for the purposes set out in paragraph 14 below; 14. Underlines that the Development Fund for Iraq shall be used in a transparent manner to meet the humanitarian needs of the Iraqi people, for the economic reconstruction and repair of Iraq's infrastructure, for the continued disarmament of Iraq, and for the costs of Iraqi civilian administration, and for other purposes benefiting the people of Iraq; 15. Calls upon the international financial institutions to assist the people of Iraq in the reconstruction and development of their economy and to facilitate assistance by the broader donor community, and welcomes the readiness of creditors, including those of the Paris Club, to seek a solution to Iraq's sovereign debt problems; 16. Requests also that the Secretary-General, in coordination with the Authority, continue the exercise of his responsibilities under Security Council resolution 1472 (2003) of 28 March 2003 and 1476 (2003) of 24 April 2003, for a period of six months following the adoption of this resolution, and terminate within this time period, in the most cost effective manner, the ongoing operations of the ``Oil-for-Food'' Programme (the ``Programme''), both at headquarters level and in the field, transferring responsibility for the administration of any remaining activity under the Programme to the Authority, including by taking the following necessary measures: (a) to facilitate as soon as possible the shipment and authenticated delivery of priority civilian goods as identified by the Secretary-General and representatives designated by him, in coordination with the Authority and the Iraqi interim administration, under approved and funded contracts previously concluded by the previous Government of Iraq, for the humanitarian relief of the people of Iraq, including, as necessary, negotiating adjustments in the terms or conditions of these contracts and respective letters of credit as set forth in paragraph 4(d) of resolution 1472 (2003); (b) to review, in light of changed circumstances, in coordination with the Authority and the Iraqi interim administration, the relative utility of each approved and funded contract with a view to determining whether such contracts contain items required to meet the needs of the people of Iraq both now and during reconstruction, and to postpone action on those contracts determined to be of questionable utility and the respective letters of credit until an internationally recognized, representative government of Iraq is in a position to make its own determination as to whether such contracts shall be fulfilled; (c) to provide the Security Council within 21 days following the adoption of this resolution, for the Security Council's review and consideration, an estimated operating budget based on funds already set aside in the account established pursuant to paragraph 8(d) of resolution 986 (1995) of 14 April 1995, identifying: (i) all known and projected costs to the United Nations required to ensure the continued functioning of the activities associated with implementation of the present resolution, including operating and administrative expenses associated with the relevant United Nations agencies and programmes responsible for the implementation of the Programme both at Headquarters and in the field; (ii) all known and projected costs associated with termination of the Programme; (iii) all known and projected costs associated with restoring Government of Iraq funds that were provided by Member States to the Secretary-General as requested in paragraph 1 of resolution 778 (1992); and (iv) all known and projected costs associated with the Special Representative and the qualified representative of the Secretary-General identified to serve on the International Advisory and Monitoring Board, for the six month time period defined above, following which these costs shall be borne by the United Nations; (d) to consolidate into a single fund the accounts established pursuant to paragraphs 8(a) and 8(b) of resolution 986 (1995); (e) to fulfill all remaining obligations related to the termination of the Programme, including negotiating, in the most cost effective manner, any necessary settlement payments, which shall be made from the escrow accounts established pursuant to paragraphs 8(a) and 8(b) of resolution 986 (1995), with those parties that previously have entered into contractual obligations with the Secretary- General under the Programme, and to determine, in coordination with the Authority and the Iraqi interim administration, the future status of contracts undertaken by the United Nations and related United Nations agencies under the accounts established pursuant to paragraphs 8 (b) and 8 (d) of resolution 986 (1995); (f) to provide the Security Council, 30 days prior to the termination of the Programme, with a comprehensive strategy developed in close coordination with the Authority and the Iraqi interim administration that would lead to the delivery of all relevant documentation and the transfer of all operational responsibility of the Programme to the Authority; 17. Requests further that the Secretary-General transfer as soon as possible to the Development Fund for Iraq 1 billion United States dollars from unencumbered funds in the accounts established pursuant to paragraphs 8 (a) and 8 (b) of resolution 986 (1995), restore Government of Iraq funds that were provided by Member States to the Secretary-General as requested in paragraph 1 of resolution 778 (1992), and decides that, after deducting all relevant United Nations expenses associated with the shipment of authorized contracts and costs to the Programme outlined in paragraph 16 (c) above, including residual obligations, all surplus funds in the escrow accounts established pursuant to paragraphs 8 (a), 8 (b), 8 (d), and 8 (f) of resolution 986 (1995) shall be transferred at the earliest possible time to the Development Fund for Iraq; 18. Decides to terminate effective on the adoption of this resolution the functions related to the observation and monitoring activities undertaken by the Secretary-General under the Programme, including the monitoring of the export of petroleum and petroleum products from Iraq; 19. Decides to terminate the Committee established pursuant to paragraph 6 of resolution 661 (1990) at the conclusion of the six month period called for in paragraph 16 above and further decides that the Committee shall identify individuals and entities referred to in paragraph 23 below; 20. Decides that all export sales of petroleum, petroleum products, and natural gas from Iraq following the date of the adoption of this resolution shall be made consistent with prevailing international market best practices, to be audited by independent public accountants reporting to the International Advisory and Monitoring Board referred to in paragraph 12 above in order to ensure transparency, and decides further that, except as provided in paragraph 21 below, all proceeds from such sales shall be deposited into the Development Fund for Iraq until such time as an internationally recognized, representative government of Iraq is properly constituted; 21. Decides further that 5 percent of the proceeds referred to in paragraph 20 above shall be deposited into the Compensation Fund established in accordance with resolution 687 (1991) and subsequent relevant resolutions and that, unless an internationally recognized, representative government of Iraq and the Governing Council of the United Nations Compensation Commission, in the exercise of its authority over methods of ensuring that payments are made into the Compensation Fund, decide otherwise, this requirement shall be binding on a properly constituted, internationally recognized, representative government of Iraq and any successor thereto; 22. Noting the relevance of the establishment of an internationally recognized, representative government of Iraq and the desirability of prompt completion of the restructuring of Iraq's debt as referred to in paragraph 15 above, further decides that, until December 31, 2007, unless the Council decides otherwise, petroleum products, and natural gas originating in Iraq shall be immune, until title passes to the initial purchaser from legal proceedings against them and not be subject to any form of attachment, garnishment, or execution, and that all States shall take any steps that may be necessary under their respective domestic legal systems to assure this protection, and that proceeds and obligations arising from sales thereof, as well as the Development Fund for Iraq, shall enjoy privileges and immunities equivalent to those enjoyed by the United Nations except that the above-mentioned privileges and immunities will not apply with respect to any legal proceeding in which recourse to such proceeds or obligations is necessary to satisfy liability for damages assessed in connection with an ecological accident, including an oil spill, that occurs after the date of adoption of this resolution; 23. Decides that all Member States in which there are: (a) funds or other financial assets or economic resources of the previous Government of Iraq or its state bodies, corporations, or agencies, located outside Iraq as of the date of this resolution, or (b) funds or other financial assets or economic resources that have been removed from Iraq, or acquired, by Saddam Hussein or other senior officials of the former Iraqi regime and their immediate family members, including entities owned or controlled, directly or indirectly, by them or by persons acting on behalf or at their direction, shall freeze without delay these funds or other financial assets or economic resources and, unless these funds or other financial assets or economic resources are themselves the subject of a prior judicial, administrative, or arbitral lien or judgment, immediately shall cause their transfer to the Development Fund for Iraq, it being understood that, unless otherwise addressed, claims made by private individuals or non-government entities on those transferred funds or other financial assets may be presented to the internationally recognized, representative government of Iraq; and decides further that all such funds or other financial assets or economic resources shall enjoy the same privileges, immunities, and protections as provided under paragraph 22; 24. Requests the Secretary-General to report to the Council at regular intervals on the work of the Special Representative with respect to the implementation of this resolution and on the work of the International Advisory and Monitoring Board and encourages, the United Kingdom of Great Britain and Northern Ireland and the United States of America to inform the Council at regular intervals of their efforts under this resolution; 25. Decides to review the implementation of this resolution within twelve months of adoption and to consider further steps that might be necessary. 26. Calls upon Member States and international and regional organizations to contribute to the implementation of this resolution; 27. Decides to remain seized of this matter. Allegations of White House Leaks

Mr. SPECTER

Mr. SPECTER. Would the Senator yield for another question?

Mr. SPECTER. I thank the Senator for yielding time. I would just say that I completely agree with the understanding of the Senators from Delaware and Utah on this.

Mr. SPECTER. As the Senator knows, a second requirement for States to qualify for these grants is that--whether by State statute, State or local rule, regulation or practice--they preserve biological evidence in a reasonable way. Do the Senators from Delaware and Utah agree with me that States would qualify so long as they preserve evidence in a way sufficient to permit the testing provided for in their State statutes? For example, if a State law provides a three year time limit on post- conviction DNA testing, a practice of preserving evidence throughout those three years would qualify as ``reasonable'' under this legislation. Thus, for example, Pennsylvania, Delaware, Ohio and Utah would qualify.

Mr. SPECTER

Mr. SPECTER. Mr. President, I ask unanimous consent that the Governmental Affairs Committee be discharged from further consideration of H.R. 2826 and the Senate proceed to its immediate consideration.

Mr. SPECTER

Mr. SPECTER. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 9:30 a.m. tomorrow. I ask further that following the prayer and the pledge, the morning hour be deemed expired and the Journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, and the Senate begin a period for morning business for up to 60 minutes, with the first 30 minutes under the control of Senator Hutchison or her designee and the second 30 minutes under the control of the minority leader or his designee; provided that upon the conclusion of morning business, the Senate resume consideration of S. 1689, the Iraq/Afghanistan supplemental appropriations bill, as provided under the previous order.

Mr. SPECTER

Mr. SPECTER. Mr. President, I note the Senator from New York is on the floor. So I ask unanimous consent to speak for just 10 additional minutes so as to not unduly burden my colleague.

Mr. SPECTER. Mr. President, I will make my points and conclude within 10 minutes. I was on the point that some may charge the United States is there looking for the benefits from Iraqi oil. So long as we use the proceeds for the benefit of the Iraqi people, I don't think anybody can realistically make that argument. One factor is difficult, and that is, with whom would we contract to make the loan? I must confess that gives me some pause. When a trustee takes over, a trustee is appointed by the court. If a trustee takes over a company that has been mismanaged, or where the directors or officers have committed fraud, the trustee has carte blanche to run the company--in this case, run the country. I believe it would be possible for the United States to undertake what we are doing here, under the watchful eye of others, because others will be watching--we can count on the French for that, if for little else, and we can count on the Germans for that, if for little else. Under the watchful eye of others, we can discharge the fiduciary duty as trustees, and we are good for our word, and we are honorable, and we are there to help the Iraqi people. While some may doubt that, we can prove it, so that what we do would be used for the benefit of the Iraqi people. There are other ways we might find somebody to contract with. It is my hope the efforts now by Secretary of State Colin Powell to bring in a U.N. resolution will be successful. We have learned from our experience that it is regrettable we could not get the U.N. Security Council to support our military action. Going back to October 11 of last year, this Senator supported an amendment that would have gone back to the U.N. to try to get more multilateral action. It is true we led a number of nations--``the coalition of the willing''--but it was essentially the U.S. and Great Britain. While it was not quite unilateral, it didn't have the level of multilateral activity which would have been desirable. It is nonnegotiable that our troops would not be under any command other than the United States. But when it comes to the reorganization of Iraq and to what is going to happen in Iraq with respect to how contracts are going to be disbursed and the administration of Iraq, it is my hope the United States can show sufficient flexibility to get other nations to participate. If the United Nations is in, there might be the structure of someone with whom to contract to have these loans instead of grants. I am exploring the issue as to whether the International Monetary Fund or the World Bank might be able to come into the picture at least to have a quasi-trustee status, someone who could oversee the matter, perhaps even contract on behalf of Iraq. These are matters to be explored. I am advised that the International Monetary Fund is precluded from coming in in the absence of a sovereign, but that if the U.N. passes a resolution, there might be a sufficient basis for the International Monetary Fund to come in. In any event, these are complexities. There are no easy answers. It is my hope the Senate and the House will give consideration to trying to structure something that would be on the basis of a loan, or perhaps a loan guarantee. We have the precedent with Israel. We are not making grants, we are making loan guarantees. Why should we do more for Iraq than we are doing for Israel with the loan guarantees? I know that time is a consideration and there is an effort to pass this appropriations bill this week. That may or may not happen. At a meeting of the chairmen yesterday, there was doubt expressed as to whether it could be accomplished this week. We do know we have passed the Defense appropriations bill so that the Department of Defense has some $368 billion to operate. The aspect of this bill on funding the Department of Defense may not require immediate action, although I would not delay it. I am prepared to move ahead this week and decide all of the issues if we can resolve it this week. I think there is time to give consideration to a structure of the loan or a loan guarantee. I have consulted with a professor of bankruptcy to refresh my own recollection and my own knowledge on the subject and have been told the concept, the analogy to a bankruptcy, is solid; that there is another concept of ``creditor in possession,'' which would provide an analog in bankruptcy law for us to operate. And as we take a look and search through the possibilities of finding someone to act on behalf of the Iraqi government, I am not suggesting the council that has been created has sufficient authority to contract; but perhaps if we obtain a resolution from the United Nations, we might work in the International Monetary Fund, or the World Bank, or we may be able to structure some circumstance so the loan could be effectuated, or a loan guarantee could be effectuated. My soundings in my State, and what I hear from colleagues around the country, is the American people have grave questions about our policy in Iraq at the present time, questions about our military being in harm's way, questions about the casualties and fatalities that are occurring, questions about the United States advancing $20 billion to Iraq at a time when we have a very tight Federal budget. There is talk about the $20 billion, some suggesting for additional domestic programs to offset $20 billion. I do not think now is the time, given the kind of national debt and deficit we are looking at, to be adding more money to domestic spending. Within the past month, I defended on the floor the $137 billion bill on Labor, Health, Human Services and Education and voted against many amendments I would like to have supported on increased education funding, health funding, or worker safety funding. But managing that bill, I opposed those amendments to stay within the budget resolution. When we talk about a grant to Iraq for $20 billion, there are inevitable questions on how much of that money will go for schools in Iraq, contrasted with how much money is going to be going for school construction in the United States. So I think it would be an act of generosity to make loans, an act of generosity to make loan guarantees. I understand there is considerable support in this body to make an outright grant, but as we consider this issue for the balance of the day and the balance of the week, I ask my colleagues to give consideration to the possibility of making a loan or making a loan guarantee. As a matter of interest, how much time remains, Mr. President?

Mr. SPECTER. I yield back that time.

Mr. SPECTER. Mr. President, I have been asked by the leader to ask unanimous consent that morning business be extended until 12:30, with the time equally divided; provided further that the Senate then recess under the previous order.

Mr. SPECTER

Mr. SPECTER. Mr. President, I have sought recognition to discuss the pending administration request for $87 billion, including some $20 billion for the rebuilding of Iraq. At the present time, the Appropriations Committee is considering this request and soon the matter will be on the floor. I urge my colleagues to give consideration to the proposition that the $20 billion to be advanced to rebuild Iraq ought to be in the form of either a loan or a loan guarantee. I understand this is contrary to the administration's position at the present time, but there may be some receptivity in the administration or, in any event, it is my thought that the Congress ought to consider this as an alternative in the spirit of trying to be helpful to the administration in working through the very difficult issues we are facing at the present time. There is no doubt that the appropriation for the military is a matter of necessity as it has been outlined by the President. There is a strong universal commitment in the Congress to backing our troops. We compliment them on the extraordinary job they have done in the military victory in Iraq, and we compliment them further on their ongoing efforts to try to restore law and order, try to establish a peace to maintain. It is a highly regrettable situation that our military find themselves in a position of being police, responsibilities for which they are not trained and responsibilities which ought to be undertaken by others. It is my hope that there will be assistance from countries such as Turkey and Pakistan, Muslim countries, to give more confidence to the Arab world, or that we will work through an arrangement with the United Nations so that there will be some sharing of the burden of rebuilding Iraq, so that when it comes to the funding for the military, there is universal agreement and certainly my support for that appropriation. The issue as to rebuilding Iraq, I submit, stands on somewhat different terms. As I think through the issue of funding the rebuilding of Iraq, I think about the analogy of a bankruptcy proceeding. There is no doubt that Iraq as a country is bankrupt. They have latent assets, sitting on the second largest oil pool in the world, but they do not have a government in existence. They cannot function. They are bankrupt. When the argument is made that we should not further burden Iraq beyond the $200 billion in debts which they have at the present time, the analogy to bankruptcy would say that those debts are owed to creditors that are general creditors, unsecured. When there is a bankruptcy, there are no funds to pay those creditors. They come last in line. If there are no funds, they simply get no funds. On that subject, while not dispositive and not critical, I think it ought to be noted that some of these debts were incurred in a context where the lending parties knew they were supporting a totalitarian and dictatorial regime which had used chemical warfare on their own people, the Kurds, had used chemical weapons in the Iran-Iraq war, a regime which was brutalizing the Iraqi people. In a very realistic sense, people who were loaning money to Saddam Hussein in a context knowing that is where the funds were going were accessories before the fact to some very heinous conduct. In a very fundamental way, as a matter of public policy, they are not entitled to be reimbursed for funds advanced in that context. Some of those moneys are owed by way of reparations to Kuwait and others. They stand on a somewhat different footing. But all of those funds are in a category, if it were a bankruptcy proceeding, of creditors that would take no assets when there are no assets to be taken. There is a further argument advanced that if the United States makes loans, then there would be no motivation or no leverage for the United States to get other donor nations to make contributions. In a meeting, as I understand it, scheduled in Madrid for October 23, the United States will be pressing other nations to make contributions. If we are to have a chance to get contributions from other nations, it seems to me that we ought not to make a blanket grant at the present time of $20 billion but ought to condition any such grant on getting cooperation and getting support from other countries. If the United States is to put up the $20 billion on our own without any commitments from other countries, there is the inevitable sense that the other countries say: Well, the United States is doing it. They are putting up $20 billion. Let them put up that money and whatever else is required. So the argument that if we condition the loans on collateral security or if we condition the money on a loan situation and look for collateral security that we will discourage other donors is essentially fallacious. The argument is also advanced that if we make loans, we will be reinforcing the view of the Arab world that the only reason we went to Iraq was for the Iraqi oil. We are not utilizing the Iraqi oil for U.S. purposes. We are not asking that the Iraqi oil be used to pay our military expenses. We are asking only that the Iraqi oil be used to rebuild Iraq--that is, to rebuild Iraq for the Iraqi people. So that it just is not plausible that we could be legitimately charged.

Mr. SPECTER

Mr. SPECTER. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. SPECTER. Mr. President, I further ask unanimous consent that I may speak as in morning business.

Mr. SPECTER

Mr. SPECTER. Mr. President, I have sought recognition regarding the renaming of the Veterinary Hospital of the University of Pennsylvania in memory of the former Speaker of the Pennsylvania House of Representatives, Matthew J. Ryan. Matt Ryan, whom I knew for many years, cared deeply for the people of Pennsylvania. He loved the Pennsylvania House of Representatives and made service his calling. Elected in 1962, he was one of its longest serving members and one of its longest serving Speakers, presiding for six terms. As much as Speaker Ryan loved Pennsylvania, the people of Pennsylvania and his colleagues from both parties loved him. Known on both sides of the aisle for the fair manner in which he presided over the House, Matt was a committed leader, tough debater, parliamentary tactician, and Pennsylvania booster. He spoke with great passion, and often was praised for his statesmanship, compassion, openness, Irish wit, and intelligence. Upon his death earlier this year, he became the first person whose body lay in state in the Capitol Rotunda in Harrisburg since Abraham Lincoln. A true friend of animals--especially his black Labrador, Magic--Matt Ryan was very proud of the University of Pennsylvania School of Veterinary Medicine. It is in no small part because of his decades of support that the school today is one of the finest in the world. Founded in 1884, the University of Pennsylvania School of Veterinary Medicine was established at the urging of Penn's School of Medicine. It was recognized that prevention and control of animal diseases had important implications for human health. This is as true today as it was then--perhaps even more so--as we face a future in which advances in veterinary medicine's ability to understand biological threats will be critical in our ability to fight bioterrorism. In February 2003, the month before Matt's untimely death, the University decided to honor his support by renaming the Veterinary Hospital after him. Benjamin Franklin is the only other State politician for whom a building on the University's campus has been named. The renaming ceremony took place on Friday, September 19, 2003, and so I ask my colleagues to join me in reflecting on the legacy of Speaker Matthew J. Ryan, one of the truest Pennsylvanians and a champion of people.

Mr. SPECTER

Mr. SPECTER. Mr. President, I seek recognition to engage in a short colloquy with the distinguished chairman of the Appropriations Subcommittee on the Interior, Senator Conrad Burns. The matter is of great importance to my constituent, Air Products and Chemicals of Allentown, PA and involves two programs in the Fossil Energy Research and Development section of the Interior Appropriations bill.