[Congressional Record Volume 149, Number 155 (Thursday, October 30, 2003)]
[Senate]
[Pages S13637-S13651]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS 
                   APPROPRIATIONS ACT, 2004--Resumed

  The PRESIDING OFFICER. The clerk will report the pending business.
  The assistant legislative clerk read as follows:

       A bill (H.R. 2800) making appropriations for foreign 
     operations, export financing, and related programs for the 
     fiscal year ending September 30, 2004, and for other 
     purposes.

  Pending:

       DeWine amendment No. 1966, to increase assistance to combat 
     HIV/AIDS.
       McConnell amendment No. 1970, to express the sense of the 
     Senate on Burma.
       Feinstein amendment No. 1977, to clarify the definition of 
     HIV/AIDS prevention for purposes of providing funds for 
     therapeutic medical care.

  The PRESIDING OFFICER. The Senator from Kentucky.

[[Page S13638]]

                           Amendment No. 1966

  Mr. McCONNELL. Mr. President, I ask for the regular order with 
respect to the DeWine amendment.
  The PRESIDING OFFICER. The regular order has been called for, and the 
DeWine amendment is once again the pending question.
  Is there further debate on the amendment?
  The Senator from Ohio.
  Mr. DeWINE. Mr. President, Members of the Senate, there are very few 
times when we have the opportunity to come to the floor when we know 
that the vote we will cast will save hundreds of thousands of lives.
  The amendment we have before us will do that. I am very pleased that 
we have reached an agreement on the amendment that Senator Durbin and I 
have offered to provide an additional $289 million for the fight 
against global AIDS, malaria, and tuberculosis.
  Mr. President, this money will clearly save lives. Adopting this 
amendment is the right thing to do, and I want to thank so many of my 
colleagues for their support and their own efforts to fight the global 
AIDS epidemic.
  First, I thank my colleague from Illinois, and the cosponsor of this 
amendment, Senator Durbin. Senator Durbin and I have traveled to Haiti. 
I have had the opportunity to watch Senator Durbin hold children who 
have HIV who are very sick. I have seen how compassionate he is, how 
much he cares.
  This is the third time Senator Durbin and I have come to the floor 
and offered amendments to add additional funds to this fight against 
AIDS. I thank my colleague for his great work.
  I thank my colleague, the majority leader, Senator Bill Frist. No one 
knows more about this problem. No one has done more about this problem. 
Many of us had the opportunity, this past August, to go on a trip with 
Senator Frist to Africa. It was an educational trip for all of us.
  Bill Frist is a teacher. He is a doctor. He is a leader. He has done 
a great deal, and I salute him for his great work.
  I also thank Senator Rick Santorum, who is a compassionate individual 
and who is passionate about this cause. It was Rick Santorum who first 
began working with the leadership and who first suggested, frankly, the 
formula that is in front of us today; he came up with these numbers. I 
salute him for his work.
  I thank Senator Mitch McConnell and Senator Leahy for bringing a very 
good bill to the floor. This bill will do a tremendous amount of good 
around the world.
  It truly is an instrument of our foreign policy and also provides the 
resources to help save many, many lives around the world.
  Finally, let me thank Senator Ted Stevens for his leadership in this 
area. We would not be on the floor tonight with this matter worked out 
without Ted Stevens' work. Let me say, for the Members of the Senate 
who do not already know this, this is not the first time that Ted 
Stevens has come forward and provided the necessary money to deal with 
the AIDS problem. This is, to my knowledge at least, the third time 
that I am personally aware of that Senator Stevens has done so. Ted 
Stevens is someone who is compassionate and who cares. I salute him and 
thank him.
  I thank my colleagues for bringing us to this point. It is 
significant that today in Columbus, OH, the President of the United 
States at noon today spoke very eloquently about this problem. He has 
taken the lead in our efforts to deal with really one of the greatest 
tragedies of our era. He, once again, spoke about the problem of AIDS. 
More importantly, he spoke about our obligation and our duty. This is 
what he said in Ohio today:

       We have duties in this world. When we see disease and 
     starvation and hopeless poverty, America will not turn away. 
     This great, mighty nation is leading the world in confronting 
     a terrible disease on the continent of Africa. This nation is 
     bringing the healing power of medicine to millions of men and 
     women and children now suffering with AIDS. This great land 
     is leading the world in this incredibly important work of 
     human rescue.

  I salute President George Bush for his vision and his leadership in 
this area.
  I conclude by thanking everyone for their good work. This is the 
right thing to do. This will save lives. We will never know the people 
whose lives this amendment will save. We will not meet them. We will 
not see them. But we can rest assured, there will be many, many lives 
saved by what we do tonight.
  I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  Ms. SNOWE. Mr. President, I rise today to support the pending 
amendment by Senator DeWine to add an additional $289 million to our 
efforts to combat HIV/AIDS. I am pleased to be able to support this 
amendment because of the agreement reached to offset this critical 
spending need within the existing budget.
  This funding could not come at a more crucial time, as the continent 
of Africa faces a most severe crisis. I agree with the President that 
``in the face of preventable death and suffering, we have a moral duty 
to act.'' The United States is beginning to do its part in the battle 
against HIV/AIDS. In this bill alone, we are providing nearly $1.4 
billion for the President's new HIV/AIDS, tuberculosis, and malaria 
initiative, $250 million of which is available for a contribution to 
the global fund. The bill also provides $150 million for the 
President's International Mother and Child HIV Prevention Initiative 
and $700 million for the Global AIDS Initiative. With this amendment, 
we will be committing over $2.2 billion toward the global fight against 
AIDS.
  Just 2 short years ago, the Global Fund to Fight AIDS, Tuberculosis, 
and Malaria was simply an idea that was endorsed by President Bush and 
U.N. Secretary General Annan. As we stand here today, it has become a 
reality. President Bush pledged the founding $200 million for the 
global fund, and our pledge has since risen to $1.6 billion out of the 
total of $4.7 billion in pledges made to date worldwide. The United 
States has already provided $623 million to the global fund, more than 
one-third of total contributions to date. While I am proud of our 
commitment, I am also disturbed by the lack of commitment from other 
nations. This is not just a U.S. issue, it is a global issue, and it 
requires a global response.
  U.N. Secretary General Kofi Annan told the Security Council that:

     by overwhelming the continent's [Africa's] health and social 
     services, by creating millions of orphans, and by decimating 
     health workers and teachers, AIDS is causing social and 
     economic crises which in turn threaten political stability . 
     . . in already unstable societies, this cocktail of disasters 
     is a sure recipe for more conflict. And conflict, in turn, 
     provides fertile ground for further infections.

  The world recognizes that this has become more than a disease facing 
the people of Africa, it has become a threat to national security and 
regional stability. This is a serious epidemic in Africa, capable of 
toppling foreign governments, touching off ethnic wars and undoing 
decades of work in developing free-market democracies abroad. In 
addition, as the U.S. becomes more and more involved in the fight 
against AIDS, it must also recognize that the methods of contraction 
need to be addressed on a broader level. Our leadership on AIDS needs 
to be matched by our efforts on education, gender discrimination, 
economic development, and conflict resolution.
  These are all reasons why I have supported providing the countries of 
sub-Saharan Africa with the means to provide its people with education, 
prevention techniques, and health care. In May, I was proud to support 
passage of H.R. 1298, the United States Leadership Against HIV/AIDS, 
Tuberculosis, and Malaria Act of 2003.
  This comprehensive program has the potential over the next decade to 
provide life-extending drugs to at least 2 million infected people, 
give human care to 10 million HIV sufferers and AIDS orphans, and 
prevent 7 million new HIV infections. The overwhelming bipartisan 
support for that legislation demonstrates the priority of this need, 
and with this amendment we take an important step toward meeting the 
U.S. commitment under that bill. The millions of people in sub-Saharan 
Africa and around the globe affected by AIDS deserve no less.
  The PRESIDING OFFICER. Is there further debate? If not, the question 
is on agreeing to amendment No. 1966.
  The clerk will call the roll.
  The legislative clerk called the roll.

[[Page S13639]]

  Mr. McCONNELL. I announce that the Senator from New Mexico (Mr. 
Domenici), the Senator from Mississippi (Mr. Lott), 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 South 
Carolina (Mr. Hollings), the Senator from Vermont (Mr. Jeffords), the 
Senator from Massachusetts (Mr. Kerry), and the Senator from 
Connecticut (Mr. Lieberman) are necessarily absent.
  I also announce that the Senator from Nebraska (Mr. Nelson), is 
attending a family funeral.
  I further announce that if present and voting, the Senator from 
Massachusetts (Mr. Kerry) would vote ``yea.''
  The PRESIDING OFFICER (Ms. Murkowski). Are there any other Senators 
in the Chamber desiring to vote?
  The result was announced--yeas 89, nays 1, as follows:

                      [Rollcall Vote No. 429 Leg.]

                                YEAS--89

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Chafee
     Chambliss
     Clinton
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Dole
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham (FL)
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Inhofe
     Inouye
     Johnson
     Kennedy
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nickles
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner
     Wyden

                                NAYS--1

       
     Hutchison
       

                             NOT VOTING--10

     Carper
     Domenici
     Edwards
     Hollings
     Jeffords
     Kerry
     Lieberman
     Lott
     Nelson (NE)
     Shelby
  The amendment (No. 1966) was agreed to.
  Mr. DURBIN. Madam President, I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2047

  Mr. DURBIN. Madam President, I send an 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 Illinois [Mr. Durbin], for himself, Mr. 
     Daschle, Mr. Corzine, Mr. Bingaman, and Ms. Stabenow, 
     proposes an amendment numbered 2047.

  Mr. DURBIN. Madam 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 increase assistance to combat HIV/AIDS)

       At the appropriate place, insert the following:
       Sec. __. For an additional amount for the Global AIDS 
     Initiative, $589,700,000, to remain available until September 
     30, 2006, for programs for the prevention, treatment, and 
     control of, and research on, HIV/AIDS, tuberculosis, and 
     malaria, which may include additional contributions to the 
     Global Fund to Fight AIDS, Tuberculosis, and Malaria.

  Mr. DURBIN. Madam President, first, I commend Senator DeWine of Ohio. 
He is an extraordinary person and an extraordinary colleague. It has 
been my good fortune to work with him on an amendment relative to this 
issue of global AIDS. Senator DeWine, by my rough calculation between 
us, I think we may have added up to $400 million to the fight on global 
AIDS just with the passage of the last amendment and the two previous 
efforts, and I commend him. He has worked ceaselessly to get this done, 
and he has done so well. I was happy to add my name to his effort. He 
did all the work. He deserves all the credit.
  I ask my colleagues now to consider this amendment. For every dollar 
the last amendment will use to save a life in the war against AIDS, 
malaria, and tuberculosis, this amendment will provide $2. For every 
life that can be saved with Senator DeWine's amendment, this amendment, 
if passed, will add two more lives that will be saved.
  I will tell my colleagues what we do. What we take is the President's 
promise of $15 billion over 5 years, which comes out obviously to $3 
billion per year, and make that our goal in terms of this 
appropriations bill.
  That means adding, to the amount that we just passed, some $589 
million. That will bring us to the $3 billion figure that was promised 
by the President, that was endorsed by the Senate, and, frankly, we 
will keep our word and our promise to the world. More important, this 
money is needed, and it is needed desperately right now.
  Some have argued that there are a lot of sick people in this world 
but they can't absorb all this money, these hundreds of millions of 
dollars that have been sent their way. I urge those who make that 
statement to consider the following.
  CARE is one of the finest charities in the world. My family supports 
it and many of us do as individuals. Peter Bell, who is the head of 
CARE, sent a letter to President Bush just a few weeks ago. This is 
what he said about the need for full funding to $3 billion:

       There are hundreds of organizations, secular and faith-
     based, ready to expand their response to the HIV/AIDS 
     pandemic. CARE, for example, has spent 15 years fighting HIV/
     AIDS, working with host governments, international 
     organizations, and local partners. We currently support HIV/
     AIDS projects in 37 countries around the world with a total 
     annual budget of almost $15 million. If funding were made 
     available, we would double or triple the size of our HIV/AIDS 
     programming. I believe the same is true for many other AIDS 
     organizations.

  That is what Peter Bell wrote to President Bush from the CARE 
organization just a few weeks ago.
  Some of you are familiar with the organization World Vision. You 
can't watch one of their programs without having your heart torn to 
shreds. These wonderful people involved in World Vision around the 
world are working day and night with the most poor people on Earth. 
Richard Sterns sent a letter to President Bush just a few weeks ago. 
This is what he said:

       Let me assure you, Mr. President, we have the capacity to 
     make a difference now and build for the future. The 
     absorptive capacity is made up of a number of different 
     players, national and local governments, community based 
     organizations, a strong and widespread faith community, and 
     international NGOs.

  He then closed by saying this:

       It is my opinion that within these various delivery 
     systems, $3 billion in aid can be effectively delivered to 
     those who desperately need it now.

  Richard Sterns, president of World Vision.
  This Senate has considered this issue. In July, 78 Members of this 
body--78 of us--voted in a sense-of-the-Senate resolution for full 
funding up to the authorized level of $3 billion for AIDS. We said in 
that sense-of-the-Senate resolution we would stand by that number, even 
if it meant exceeding the levels authorized in the budget.
  I can go through my entire statement, but the hour is late. I will 
not do that to you because I think you all understand it. Let me just 
say, if there is an argument that the money I am asking for is outside 
of the appropriations bill, let me remind you, the amendment we just 
passed was outside of the appropriations bill as well.
  If there is an argument that we really don't owe $3 billion, let me 
tell you, the world thought our pledge was $3 billion. These heads of 
charitable organizations around the world are telling us that is what 
they understood the American commitment to be, and we are almost $600 
million short this year.

  Let me also add, if the argument is to be made that this money cannot 
be spent, the experts in the field, the men and women who risk their 
lives every day in the poorest places on Earth, have told us over and 
over again they need the money and they need it now.
  I close with a reference to something I have been thinking about for 
some time. There was a movie which most of us have seen called 
``Schindler's List.'' You will never forget that movie as long as you 
live. And you remember that this man in Nazi Germany did everything he 
could think of--trickery, smooth talking, and guile--to save the lives 
of Jewish people destined for concentration camps. His success was so

[[Page S13640]]

great that at the end of the movie, they showed in that factory the 
hundreds, maybe thousands, of people whose lives had been saved.
  As he was about to leave them when the war was over, there was that 
final scene which none of us can forget. They turned to Schindler to 
give him a ring, a gold ring made out of the fillings of their teeth, 
in appreciation for what he had done to save so many lives. He broke 
down in tears, and he said in that movie:

       I should have done more. I should have done more.

  That is where we are tonight. The DeWine amendment has moved us 
positively toward almost $300 million in this fight against global 
AIDS. But we should do more, and we can do more.
  My colleagues, please, stand together tonight with our promise from 
our President on this global AIDS epidemic, a bipartisan promise that 
brings out the best in America. Let us leave with this bill saying: We 
kept our word. We stand behind you and we are prepared to lead the 
world. Let us provide the money and never have to say at some future 
time: We should have done more.
  The PRESIDING OFFICER. The Senator from Kentucky.
  Mr. McCONNELL. Let me say for the information of all Senators, the 
Senator from Nevada and I have been working on how to finish up 
tonight. I am not going to ask consent yet, but the plan is as follows: 
To stack three votes, first a vote on or in relation to the Durbin 
amendment, then on or in relation to the Bingaman amendment, then on or 
in relation to the Feinstein amendment. After that, we expect to be 
able to handle everything else by voice vote, including final passage.
  Mr. REID. I ask unanimous consent that that be the case, there be no 
limitations as to time on that but there be no--no limitations as to 
time.
  I would ask if my friend would modify his request. I have spoken to 
Senator Feinstein, Senator Durbin, and Senator Bingaman. If we could 
have it in inverse order, Senator Feinstein first, then Senator Durbin, 
and then Senator Bingaman?
  The PRESIDING OFFICER. The Senator from Vermont?
  Mr. REID. Would that be OK with the Senator?
  Mr. McCONNELL. I say to my friend that seems fine.
  Mr. LEAHY. Reserving the right to object--and I shall not object--
there was a discussion you may recall. I also suggested that when we do 
that, the penultimate vote and the final vote be 10 minutes.
  Mr. REID. That is very reasonable. I so modify my request. I hope the 
manager does on the other side.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The Senator from Pennsylvania.
  Mr. SANTORUM. Madam President, I also congratulate the Senator from 
Ohio as well as the majority leader for the tremendous work they have 
done on this issue in crafting a compromise that will keep within the 
budget. This DeWine amendment did keep within the budget and meeting 
the need that is out there in Africa and the Caribbean to address the 
greatest health crisis that maybe the world has seen.
  I respect the Senator from Illinois. I share his passion for trying 
to do more. But I think we need to look at what, No. 1, our commitment 
was and, No. 2, what is the best and most prudent way of going about 
building the capacity, meeting the needs in a responsible way to all 
involved.
  Let me talk first about what our commitment is. The commitment by the 
President, when he announced his plan--this was before the bill passed 
the House and Senate and was signed by the President--was to spend $15 
billion over the next 5 years and ramp up as capacity would ramp up 
within those 12 countries in Africa and the 2 in the Caribbean. As 
capacity would ramp up, we would ramp up funding.
  That makes sense for those who have traveled to Africa. I had the 
opportunity to meet with Ambassador Tobias today, who is in charge of 
the AIDS effort in Africa. I also had a chance to meet with Richard 
Feachem, who is in charge of the Global Fund, this afternoon.
  I can tell you that while, yes, there are lots of organizations out 
there, to suggest there is the capacity at this point to take on the 
amount of money that is being contemplated here I think overstates the 
case, at least according to the experts, the people who are in charge 
of distributing this money. In fact, the administration makes a very 
strong argument that the money that was added to the DeWine amendment 
may not be able to be spent within the fiscal year. But we believe if 
there is a potential that that could happen, we would rather put a 
little bit more money there, just in case they do find that there can 
be some sort of expansion beyond what they, at this point in time, 
believe is possible.
  We provided that cushion for the administration, and $300 million is 
not a small cushion. It is a fairly substantial increase in the amount 
of bilateral aid that is going to be provided by the United States--
about a 15-percent increase.
  I suggest that we provide that cushion which allows for the 
expectations of the administration to be on the low side, and be able 
to grow, if necessary. Obviously, we don't want them to spend money if 
it is not going to be spent efficiently; it will not really help. We 
want them to be good stewards of the funds and be able to spend that 
money to provide treatment, provide prevention, and provide it for 
taking care of both the old and dying and those who are near death and 
those who are young.
  I suggest that the DeWine amendment accomplishes everything the 
Senator from Illinois wants to accomplish. The reason, by the way, it 
accomplishes what the authorization says is because there is now $2 
billion for bilateral aid in the appropriations process this year. That 
is what the authorization says--$2 billion in bilateral aid, and up to 
$1 billion in matching from the Global Fund.
  Let us look at the Global Fund. I just met the Director of the Global 
Fund. The contribution pledged for next year, as of this moment, is 
$100 million which was announced yesterday. So it is up to about $770 
million. In the appropriations bill that we are going to pass, it is 
$400 million. Actually, it slightly exceeds the pledge that is in the 
authorization. For every two dollars of international aid there would 
be one dollar of U.S. aid. If you take roughly $800 million, it is 
actually less because $400 million meets the pledge that we said we 
would provide in the authorization.
  To make the suggestion that we haven't in principle met it is just 
not right.
  That is how we came up with the number that was in Senator DeWine's 
amendment that was cosponsored by Senator Durbin. We have met our 
obligations to the Global Fund. We have met our obligations in the 
authorization to provide $2 billion in bilateral aid even though the 
administration doesn't believe we can spend $2 billion efficiently and 
effectively.
  I think we have pushed the envelope. The administration only pledged 
$200 million to the Global Fund. We have $400 million. We doubled the 
commitment that the administration said they would provide. We doubled 
it because we wanted to meet expectations. We have done so.
  I suggest that we have met our obligation for bilateral aid. We have 
met our obligation for the Global Fund.
  If, in fact, later when we get into 2004 and the Global Fund ends up 
raising more money--we have fiscal year 2005, which starts in calendar 
year 2004--at the end of 2004, and we did provide some more money to 
increase the match at the end of next year, a lot of money comes in 
from the other countries on a calendar basis. So we have an opportunity 
if we need to come up with more money to meet our match in the 2004 
calendar year.
  But there is no need to further bust the budget or try to bust the 
budget on something where we have made our commitment in the 
authorization and exceeded the commitment that the President made when 
he announced the $15 billion over 5 years. The President is wise. We 
would be wise if we are going to make the $15 billion commitment. I 
don't think anyone in this Chamber would argue that $1 spent in 2004 
after 4 years of building up capacity, efficiency, and effectiveness is 
going to be more efficiently and effectively spent than putting more 
money in year 1. I don't think one can make that argument. We may be 
able to

[[Page S13641]]

build capacity quickly and less efficiently and costly, but that money 
would be used more wisely and efficiently in later years where we can 
put more money in the hands of people who get those needed drugs and 
needed care in a much more efficient and broadly based way.
  I think we have struck the compromise. I hope the Members of this 
Chamber will know that in good faith. I appreciate what the Senator 
from Illinois is doing. I have great sympathy for his cause, but I 
think we have struck the balance here and I hope this Chamber will vote 
accordingly.
  The PRESIDING OFFICER. The Senator from Michigan.
  Ms. STABENOW. Madam President, I rise in strong support of the Durbin 
amendment.
  First, I thank my colleagues and friend from Illinois for his passion 
and his eloquence and his persistence over and over on the floor, 
speaking up for those around the world who have no voice in this 
Chamber and who desperately need our help.
  I also congratulate Senator DeWine for his leadership in getting us 
up to this point.
  We are talking about 8,500 people being killed by disease every day--
8,500 people today, 8,500 people tomorrow, 8,500 people the next day, 
and 6,500 in Africa alone. We are seeing HIV/AIDS produce 14,000 new 
infections every day, and 9,500 which occur in Africa.
  If that doesn't tell us there is a sense of urgency to do all that we 
can do, I don't know what does. When we look at the facts of the more 
than 30 million people in Africa alone with HIV, only 50,000 have the 
medicine they need--we hear over and over again from the organizations 
in Africa that they have the capacity; they just need the resources; 
they just need our help.
  There is no question when you look at the number. Less than 1 in 20 
pregnant women have access to services to prevent mother-to-child 
transmission. The numbers are going on and on.
  I urge colleagues to step up and support the promise that we made a 
few months ago--the promise that we made of $3 billion a year over 5 
years, a total of $15 billion, and join together to send a message that 
we understand the sense of urgency from the people around the world who 
are so desperate for our help.
  I remember just a couple of weeks ago on the Senate floor when we 
were talking about the Iraqi supplemental and reconstruction, I spoke 
about delaying a portion of the reconstruction dollars because it was 
clear from all of the evidence and studies that only $6 billion to $8 
billion could be spent the first year. We wanted to divert some of 
those dollars in another direction for things here at home. We were 
told on the Senate floor that we needed to keep our full commitment, 
whether or not the capacity was there, and that we needed to 
immediately let them know what they had to work with so they could move 
as quickly as possible. I suggest this is no less; I believe the 
capacity is there now.
  The reality is we need to let the people around the world, and the 
people of Africa and Americans who are working there desperately trying 
to make a difference and save lives, know that we in Congress will keep 
our commitment on behalf of the people of our country.
  We are talking about a relatively small amount of dollars for saving 
literally thousands and thousands of lives.
  As the Senator from Illinois said, we have a responsibility to do 
what we can do. We don't want to be in a position of looking back when 
the picture is clear about what has been going on and say where were we 
when we had the chance to save as many lives as possible.
  The Durbin amendment needs to be passed, and it needs to be passed 
now.
  The PRESIDING OFFICER. The Senator from Minnesota.
  Mr. COLEMAN. Madam President, I first want to thank my colleague, the 
Senator from Ohio, for the incredible work he has done. He has been 
tireless and steadfast on this issue. I was proud to be a cosponsor of 
his amendment.
  I thank my colleague, the Senator from Illinois, for his passion on 
this issue. I have the greatest respect for what he is trying to 
accomplish.
  Today, I had an opportunity to meet with Ambassador Tobias. We talked 
about this issue of capacity. He said he was in a warehouse--either in 
Botswana or South Africa--but he was in a warehouse. The warehouse was 
full of antiretroviral drugs. They were close to their expiration date. 
These drugs had been donated by a company. The drugs were there but 
they didn't have the capacity to get them all out. Those drugs were in 
danger of being wasted.

  We were in South Africa this summer. I was with Leader Frist and 
others and dealing with the issue of AIDS. There are 5 million people 
in South Africa who are HIV positive. There are approximately 20,000 
receiving antiretroviral treatment.
  We visited Anglo Gold, one of the largest gold mines in the world. 
They made a commitment to each and every employee to cover the full 
cost of treatment. Money is not the issue. They believe they have 
perhaps 30,000 employees HIV positive. They were hoping to get in the 
first year 10 percent, 3,000 to come in for treatment. They have a 
third of that and less to date. They said to us: The money is not the 
issue; we do not have the capacity to do it right. You have to do it 
right.
  I will fight very hard to keep our commitment of $15 billion over 5 
years. As my colleague from Pennsylvania said, we have met our 
commitment that is in the authorization of $2 billion by the DeWine 
amendment. We have met our commitment to the global fund. We are 
meeting our commitment. We are doing it the right way. We are going to 
have to ramp up. The needs are great.
  In my own experience, having visited Africa, the capacity is not 
there. You simply cannot throw money at a problem. We have to do the 
right thing. We are doing the right thing by the commitments we have 
made by supporting the DeWine amendment. I oppose the Durbin amendment.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Talent). The Senator from Vermont.
  Mr. LEAHY. Mr. President, it is interesting, before I came to the 
Senate, I recall seeing headlines saying the Congress passed an 
authorization to do this or an authorization to do that; $100 million 
to improve the environment somewhere, authorized $1 billion to do this. 
It was not until I got here that I realized that does not do anything. 
We could authorize $5 trillion for polio vaccine tonight, but if we did 
not appropriate some money, it is nothing.
  In ``Henry IV,'' Part I--if the Senator from West Virginia were here, 
he could set me--Part I, Act 3, Scene 1, we all remember that scene 
very well.
  Glyndower says to Hotspur: I can call spirits from the vasty deep.
  Hotspur answers: Why, so can I, so can any man; But will they come 
when you call for them?
  We have authorized the money and the President and everybody else had 
wonderful speeches. I commended him, praising him. He met with all the 
various religious leaders and everyone else and went to Africa and 
talked about what we have promised. That was the authorization.
  Now it is time to call for the money from the vasty deep. We can find 
$87 billion we had to send immediately to Iraq with absolutely no 
indication of whether the capacity was there to spend it when questions 
were asked. They were never answered. Included were items such as 
$6,000 telephones that could be bought for $600 in neighboring 
countries, and so on. But we just told them, we will build the 
capacity.
  What the Durbin amendment, combined with the DeWine amendment--and I 
was a cosponsor of the DeWine amendment as I am of the Durbin 
amendment--if you put them together, then we do fulfill the commitment 
that the President of the United States very rightly said this country 
would do.

  I have traveled to Africa. I have traveled to Haiti, Vietnam, China, 
and elsewhere. I have seen how AIDS is spreading. Other Senators on 
both sides of the aisle have seen the same. When you see that these 
additional funds can be effectively used, we have to ramp up. In all my 
travels, all my conversations with foreign leaders and public health 
experts, I have never met anyone who believes the money provided by 
this amendment could not be well spent today, not a year from now.
  I have seen some of the vaccines that some companies donate, just 
about at their expiration date. Then they take a full tax writeoff even 
though it will not be used.

[[Page S13642]]

  Everyone who is working in the field to stop AIDS believes we need 
the additional funds today.
  That is why I praised the President when he promised them. That is 
why I will support the senior Senator from Illinois tonight to help in 
carrying out the promise that President Bush made.
  You cannot argue $3 billion is too much to spend effectively in 
combating AIDS in 14 countries. That is not what the United States 
Leadership Against Aids Act says. Besides, why limit our efforts to 14 
countries when five times that many countries are being ravaged by 
AIDS? Why ignore the other two dozen countries in Africa? Why ignore 
Russia or China or India where AIDS is spreading out of control? India 
is going to swamp virtually everywhere else with an AIDS crisis the way 
it is spreading. China, Russia, we have strategic interests there.
  It is a false argument to say we cannot do this. Frankly, when you 
are the wealthiest nation on Earth, the most powerful nation on Earth, 
I believe it is an immoral argument. It is not just a fact that we in 
the United States are threatened by the spread of AIDS in other 
countries. We actually have a chance to do something about it. We have 
a chance to do something about it in countries where the yearly income 
is less than some of us have spent on an evening out with dinner, a 
show with our spouses; actually, where a yearly income is less than we 
spend on the time it takes for us to have this debate in most places.
  It is in the 14 countries. If we could isolate AIDS to 14 countries, 
we should sing ``Glory, Hallelujah.'' We cannot. There are dozens of 
countries that need help, that need to have people trained. We should 
provide the equipment to support a national prevention and treatment 
program. Ask anyone who is working those countries. They will tell you.
  To argue that we do not have the capacity is not based on fact. It is 
not based on reality. It is not based on public health. I worry that 
argument is made because they do not want to spend the money. We are 
spending an awful lot more money to fight AIDS today than if we faced 
up to this problem two decades ago, but people did not want to. We 
wasted two decades. Twenty-five million people died in part because we 
and others failed to act. People died during that time. It is a 
population equal to 50 times my own State. Actually it is in population 
about 50 times the State of the distinguished Presiding Officer.
  I commend the Senator from Illinois. I wish the White House would not 
oppose this amendment. What the Senator from Illinois is trying to do 
is to call them from the deep, call up the money to back up what the 
President has promised. The President has been rightly praised by 
religious leaders, by heads of state, by well-known entertainers such 
as my good friend Bono, from Ireland, for promising this money. So the 
White House should not stop us now that they have had the praise, now 
that everyone has stood up and said the President was right. Now we 
should not have the White House coming in through the backdoor and 
saying, don't vote for the money. We want to make the promise. We do 
not want to spend the money.
  I hope everyone will stop and think. We could spend this money. The 
President was right to promise it. We are right to back the President's 
promise.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. DURBIN. Mr. President, I do not know if there are any other 
Members who wish to seek recognition on this amendment. If they do, I 
will wait to speak last.
  The PRESIDING OFFICER. The Senator from Pennsylvania.
  Mr. SANTORUM. Mr. President, I wish to clarify a point the Senator 
from Vermont made about the White House.
  I think if the Senator from Vermont will go back and look at the 
White House's proposal, and how much money they said they would spend 
when they put the proposal forward--which I think the Senator from 
Vermont rightly said was praised by the international community--the 
Senator from Vermont will discover that the President's proposal had 
less than $3 billion in the first year, actually roughly $2 billion in 
the first year, and then over the course of the following 4 years it 
was ramped up to in excess of around $4 billion.
  So I think to suggest that the administration announced a plan with 
one hand and then somehow pulled back with the other is not accurately 
reflected by the record in this case.
  The White House has been clear from the beginning as to what they 
have believed was the capacity for spending appropriately within the 14 
countries they have outlined in the plan. They have stuck to that plan. 
They have insisted the numbers they put forth in the first place are 
accurate.
  I share the Senator's concern that number may be low, and that is why 
I worked with Senator DeWine and Senator Frist to come up with some 
additional funds, some $400 million, to see if we could do more 
bilateral aid as well as provide more money for the global fund. We 
have accomplished that.
  But I just want to set the record straight. The administration has 
announced their policy, which was warmly received by the international 
community, a community that understands that the capacity now is not 
what it will be 5 years from now as a result of the efforts of this 
administration, and that the money then can and should be ramped over a 
period of time based on the efficient capacity to be able to 
distribute, for example, the antiretroviral drugs the Senator from 
Minnesota talked about today that are sitting in a warehouse with an 
expiration that is nearing, with no ability to get those drugs out.
  That is the current state in many areas in Africa. And to suggest 
that because the administration recognizes there is a failure of 
capacity of any areas in Africa is somehow coldhearted or, more 
importantly, that it has reneged on its promise does not accurately 
reflect what happened. It does not, in any way, in my opinion, 
accurately reflect the tremendous compassion and leadership which the 
administration and this President have shown on this issue.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. DURBIN. Mr. President, I would like to close. Would the Senator 
from Vermont like to be recognized?
  Mr. LEAHY. If I could.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, I just took this from the quotes of what 
the President said on July 12 in Nigeria:

       The people of Africa are fighting HIV/AIDS with courage. 
     And I'm here to say, you will not be alone in your fight. In 
     May, I signed a bill that authorizes $15 billion for the 
     global fight on AIDS. This week, a committee of the House of 
     Representatives took an important step to fund the first year 
     of the authorization bill. And the Senate is beginning to 
     take up debate.

  He then stated:

       The House of Representatives and the United States Senate 
     must fully fund this initiative, for the good of the people 
     on this continent of Africa. . . .

  So I went to what it was the President had signed, the authorization 
bill of which he spoke. He called upon us to fully fund it, but what it 
said in the authorization was $3 billion for the first year.
  I spoke with the President about this. I told him I thought we could 
use the money. It is what he in his speech in Africa called upon the 
Congress to do. He said he would sign this authorization bill, which 
authorized $3 billion the first year, and he is calling upon us now to 
carry out our part. He has done his part. He wants us to carry out our 
part to fund it.
  Well, we are trying to carry out our part. I also worked with the 
Senator from Ohio and the Senator from Illinois, as did Senator 
McConnell, to find the extra money. It is more money. We have just 
voted for more money than what the White House said we needed when the 
bill first came up.
  I am glad they are not resisting that extra money. I commend the 
White House for that. I commend Senator McConnell, Senator Durbin, and 
Senator DeWine for working so hard to find it. But the fact is--the 
fact is--we have to build capacity. Capacity does not happen overnight. 
We can use the $3 billion. There is no question, it can be used. Every 
health official in the world would tell you that. We can use the money. 
We ought to get it into the pipeline. We ought to spend it.
  The President was right. I took the floor of the Senate and praised 
him

[[Page S13643]]

when he spoke of the need for this. I praised him publicly, and I 
praised him privately when I spoke with him about it.
  So that is what it is we are trying to do.
  The PRESIDING OFFICER. The majority leader is recognized.
  Mr. FRIST. Mr. President, very briefly, and because I know we are 
about to hear closing comments on this amendment, I have two unanimous 
consent requests.


 Unanimous Consent Agreement--Conference Report to Accompany H.R. 2691

  Mr. President, I ask unanimous consent that on Monday, November 3, at 
a time determined by the majority leader, after consultation with the 
Democratic leader, the Senate proceed to the consideration of the 
conference report to accompany H.R. 2691, the Interior appropriations 
bill, provided that there be 60 minutes of debate equally divided 
between the chairman and ranking member of the subcommittee, and 
following the use or yielding back of the time, the Senate proceed to a 
vote on adoption of the conference report on Monday, at a time 
determined by the majority leader, after consultation with the 
Democratic leader.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.


                  Unanimous Consent Agreement--S. 150

  Mr. FRIST. Mr. President, I ask unanimous consent that at a time 
determined by the majority leader, after consultation with the 
Democratic leader, the Senate proceed to the consideration of S. 150, 
the Internet Tax Moratorium, but not before November 6.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Nevada.
  Mr. REID. Mr. President, if the majority leader has finished, I ask 
unanimous consent that there be 2 minutes equally divided before each 
of the subsequent votes following the vote on the Feinstein amendment.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. REID. Mr. President, I would further ask, just as a matter of 
inquiry--I know Senator Durbin is about to wrap up the debate on his 
amendment. Senator Feinstein told me she would speak no longer than 5 
minutes. And people are calling.
  Does the Senator from New Mexico have any idea how long he wishes to 
speak?
  Mr. BINGAMAN. Mr. President, in response, I would be glad to speak 
for no more than 5 minutes.
  Mr. REID. Mr. President, so everyone should be aware that these votes 
should start in the next 10 minutes or so.
  The PRESIDING OFFICER. The Senator from Kentucky.
  Mr. McCONNELL. Mr. President, has the debate now been completed on 
the Durbin amendment?
  Mr. REID. No. The Senator from Illinois wants to finish the debate, 
but he has just a few more minutes.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. DURBIN. Mr. President, I personally thank my colleagues. It is 
late. People would like to go home. I understand the weariness we all 
feel because it has been a long and hard week. But I hope you all 
understand this is not just another issue. For many of us--I think for 
all of us, frankly--this is an issue which is the challenge of our 
generation. It is the challenge of our time.
  I was one of those Democrats who stood and applauded the President of 
the United States at his State of the Union Address. I thought he made 
a spectacular, historic commitment that the United States would lead 
the world in the fight against the global AIDS epidemic. He included 
tuberculosis and malaria.

  Having visited some of the Third World countries that are victimized 
by these diseases, I stood and applauded in heartfelt support of the 
President, proud to be an American and proud of what he said: $15 
billion over 5 years. We came back in the Senate and we decided to 
authorize--a Republican majority and the Democratic minority--$3 
billion this year.
  So this figure of $3 billion is not my creation. It is the Senate's 
creation. And it is a number which we ratified in July when 78 
Republican and Democrat Senators said: Yes, that is what we are going 
to spend this year, $3 billion. Regardless of budget consequences, we 
will keep that commitment.
  So this $3 billion figure is not one I have come up with. It is one 
that the President came up with. It is one that the Senate came up 
with.
  Now, a lot has been said about capacity. Let me explain what I think 
is a misunderstanding here. One of the Senators said: I saw a warehouse 
full of vaccine that was about to expire. That is proof positive we 
don't need to send any more money over there because, frankly, it will 
be wasted. I guess that is the conclusion.

  Let me read to you what the President of the United States said when 
he announced the global AIDS coordinator just a few months ago:

       We will set up a broad and efficient network to deliver 
     drugs to the farthest reaches of Africa, even by motorcycle 
     or bicycle. We will train doctors and nurses and other health 
     care professionals so they can treat HIV/AIDS patients. Our 
     efforts will ensure that clinics and laboratories will be 
     built, renovated, and equipped. Child care workers will be 
     hired and trained to care for AIDS orphans. People living 
     with AIDS will get home-based care to ease their suffering.

  This is what the President said. What we are doing with this money is 
not just sending medicine to warehouses. We are doing these things. The 
President has said we are using this money to build the capacity. 
Doesn't it defy logic for us to say if we need more nurses and health 
care professionals, it would be better to wait several years before we 
train them? We need them now so they can deliver the therapies and 
medicines necessary to save lives during the next 4, 5, and 10 years.
  Shortchanging that capital investment, shortchanging that capacity 
investment on the front end is a guarantee these poor people will 
continue to die. Why would we stand by and let that occur?
  The saddest thing about this amendment, the saddest thing of all is 
it is likely to be a partisan amendment. When you look at the rollcall, 
count the no votes. You are likely to see one political party, and the 
yes votes another political party. Of every issue in the world today 
which we will consider, this is the one that should not be partisan. 
This is the one where the President really summoned all of us to stand 
together in a bipartisan fashion.
  I want to say one word in closing. Senator Frist was here a moment 
ago. He has left the floor now. He is very busy; I understand. I have 
such personal admiration for Senator Frist, though I disagree with him 
on a lot of political issues, but such personal admiration because this 
man is not only a political leader in America, he is a moral leader of 
the Senate. He takes his skills as a doctor to Africa, to the poorest 
places on earth to help the poorest people. Of all the things that 
could be said of Bill Frist, no one can ever question his moral 
commitment to poor people. That is not only admirable and honorable, 
but it speaks so well of him and what we can be when all of us 
understand that when it comes to issues of life and death for the 
poorest people around the world.
  Please, step aside from party label. Step aside from the moment and 
say: We are going to do what is necessary to save these lives so some 
future day we don't look back and shake our heads and say: We should 
have done more.
  The PRESIDING OFFICER. The Senator from Kentucky.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the only 
remaining time to be used on the Feinstein amendment be 5 minutes to be 
used by Senator Brownback.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, Senator Feinstein is entitled to 5 minutes.
  Mr. McCONNELL. I understand that. I am locking in the time on this 
side. I ask unanimous consent that the only time to be used on the 
Bingaman amendment be 3 minutes to be used by the senior Senator from 
Kentucky.
  The PRESIDING OFFICER. The Senator is referring to his side?
  Mr. McCONNELL. Right.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCONNELL. With regard to the pending Durbin amendment number 
2047, it increases spending by $589,700,000. This additional spending 
would cause the underlying bill to exceed the subcommittee's 302(b) 
allocation. Therefore, I raise a point of order against the amendment 
pursuant to section 302(f) of the Budget Act.
  The PRESIDING OFFICER. The Senator from Illinois.

[[Page S13644]]

  Mr. DURBIN. Mr. President, pursuant to section 904 of the 
Congressional Budget Act of 1974, I move to waive the applicable 
sections of that act for purposes of the pending amendment, and I ask 
for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays are ordered.


                           Amendment No. 1977

  The PRESIDING OFFICER. The Senator from California.
  Mrs. FEINSTEIN. Mr. President, I believe I have 5 minutes on my 
amendment.
  The PRESIDING OFFICER. The Senator is correct.
  Mrs. FEINSTEIN. Mr. President, I call up amendment No. 1977.
  The PRESIDING OFFICER. The amendment is pending.
  Mrs. FEINSTEIN. I thank the Chair.
  I ask unanimous consent to add as cosponsors, in addition to Senators 
Snowe and Murray, Senators Clinton, Jeffords, and Durbin.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. FEINSTEIN. Mr. President, looking at the scope of the HIV/AIDS 
tragedy, 40 million people are infected with HIV worldwide and 30 
million of these people are from sub-Saharan Africa, approximately 70 
percent of the world's total. As of 2001, 21.5 million Africans had 
died of AIDS, and at least 50 million new cases are projected by 2010 
in five countries alone: China, Ethiopia, India, Nigeria, and Russia.
  It is estimated that two-thirds of the 45 million new HIV infections 
expected to occur during this period could be averted with effective 
prevention. That is where we must go. This amendment does not aim to 
change the one-third earmark for abstinence until marriage. This 
amendment aims to provide some flexibility so that the people on the 
ground have the opportunity of tailoring the most effective prevention 
program.
  The way in which we do it is, first, we reserve at least one-third of 
funds for the prevention of the sexual transmission of HIV, rather than 
one-third of all prevention funds, for abstinence-until-marriage 
programs.
  Secondly, our amendment defines an abstinence-until-marriage program 
as any program that places a priority emphasis on the public health 
benefits of refraining from sexual activity outside of marriage.
  Our amendment gives the administration, local communities, and HIV/
AIDS workers on the ground maximum flexibility to design HIV/AIDS 
prevention strategies that are most effective in stopping the spread of 
AIDS.
  One of the things we know, for example, is that Nevirapine, given to 
a pregnant woman, can stop the spread of HIV to her unborn child. In 
removing the one-third earmark from that program, you are able to use 
prevention dollars in a much wiser way.
  Let me be clear: Our amendment does not strike the one-third earmark 
for abstinence until marriage programs. Rather, it ensures the United 
States can fund programs that are most successful in increasing 
abstinence among young people.
  We believe this is a pro-abstinence, results-oriented amendment. It 
balances congressional priorities with public health needs. I urge my 
colleagues to support it.
  I reserve the remainder of my time.
  The PRESIDING OFFICER. Who seeks recognition?
  The Senator from Kansas.
  Mr. BROWNBACK. Mr. President, I would like to speak in opposition to 
the Feinstein amendment. I have deep respect for Senator Feinstein. I 
have worked with her on a number of issues. I respect her thinking 
process, her compassion, and her view. However, on this issue, I have 
to differ with her, and I wanted to articulate several reasons why.
  No. 1, we have voted on this issue already. This issue came up 
earlier when we had the debate on the major initiative put forward by 
the administration on HIV/AIDS. This was a major issue of debate at 
that point in time when we were trying to get the authorizing piece of 
this bill through. This is the appropriations piece. But when we were 
trying to get the authorizing piece of the bill through, we had a major 
debate about this.
  We had a number of people here at that time talking with us about the 
role of abstinence. The leading country that has been successful in the 
major area where we are targeting our efforts in the HIV/AIDS pandemic 
has been Uganda. The Ugandan model is ABC, and it leads with 
abstinence. The day of the vote on this, we had the First Lady of 
Uganda here speaking with a number of us, talking about the central 
role of abstinence and the historic drop in the level of HIV/AIDS that 
had taken place in their country.
  These are very impressive numbers, best of any country around the 
world that has had the high infection rates. Their infection rate 
dropped from 21 percent to 7 percent in just 9 years. She was saying 
specifically it was the abstinence portion. It was the abstinence 
focus.
  If you want to stop the spread of AIDS, the best way to do it is 
abstinence. She was here and speaking to us with great clarity about 
that issue.
  We had the debate, and we voted at that point in time with a majority 
saying we want a certain amount of money to go for the abstinence 
program.
  I have great respect for the Senator from California. The Feinstein 
amendment would take money away from the abstinence focus in this 
program. In effect, she would open it up to more areas and dilute the 
abstinence base funding so that it will be reduced. In effect, we will 
be changing the course we set in the authorizing language: that we want 
a certain amount of money, about a third of this pool, to go to 
abstinence, and we would be changing course and reducing that level 
from the authorizing language.
  The administration and the Ambassador for Global AIDS Coordination, 
Ambassador Tobias, has written to the Senate Foreign Operations 
chairman, Senator McConnell, in strong opposition to this amendment. He 
says in his final paragraph:

       Finally, the effect of this amendment would be to decrease 
     the amount that could be spent on abstinence-until-marriage 
     programs as a prevention model, and I believe that would not 
     be in the interest of best public health practice.

  This is the person implementing this legislation, the amount of 
funding we are putting forward. He thinks the money targeted by the 
authorizing committee is appropriate and best suited for us to meet the 
objectives.
  Mr. President, my objective is to reduce AIDS infections around the 
world, and the best model is Uganda. It has gone from 21 percent to 7 
percent and the lead program they did it with was abstinence. We have a 
proven model. We voted on this previously. I urge my colleagues, with 
all due respect to the Senator from the State of California, not to 
change minds on this issue but, rather, to stay with what we already 
discussed and decided on and stay with the funding levels we currently 
have.
  I reserve the remainder of my time.
  The PRESIDING OFFICER. The Senator reserves the remainder of his 
time.
  Mrs. FEINSTEIN. Mr. President, how much of my time do I have 
remaining?
  The PRESIDING OFFICER. The Senator has 1 minute 45 seconds remaining.
  Mrs. FEINSTEIN. Mr. President, with respect to Uganda, I would like 
to read testimony from a Ugandan HIV/AIDS director before the House 
regarding the promotion of prevention by the President of Uganda. Let 
me quote this:

       For some, he promoted a message of delaying sexual debut. 
     For others, he urged them to be faithful to one partner and 
     to use a condom. It was his three-part message that was 
     effective in Uganda. In my personal experience, I believe 
     this three-part message is critical.

  Currently, one-third of all prevention funds must be reserved for 
abstinence until marriage programs. This earmark limits the amount of 
funds available for other prevention programs, including preventing 
mother to child transmission. There are literally 5 million to 10 
million orphans already from AIDS in Africa, and it is going to be much 
more.
  All we are saying, is that the one-third earmark should not apply to 
programs that give a pregnant woman a 90 percent chance of preventing 
the transmission of AIDS to the unborn child. That is all we are doing 
in this amendment, providing some flexibility.
  Remember this overwhelming statistic. The estimates are there will be

[[Page S13645]]

in excess of 20 million orphans by 2010 in Africa. There should be 
flexibility. Our amendment allows the people on the ground to design a 
HIV/AIDS prevention program that is most effective at stopping the 
spread of HIV/AIDS.
  The PRESIDING OFFICER. The Senator from Kansas.
  Mr. BROWNBACK. Mr. President, how much time do I have remaining?
  The PRESIDING OFFICER. The Senator has 1 minute remaining.
  Mr. BROWNBACK. Mr. President, responding to the good Senator from 
California, I note the abstinence funding is only 33 percent of the 
bill. The remaining two-thirds of the money can be used in other models 
other than the abstinence model. There are other funds in the bill that 
can't be used for other types of treatment, but we set aside a certain 
portion for the abstinence model because it has proven to be so 
effective.
  The other point the Senator from California mentions is flexibility. 
Ambassador Tobias, who runs the global AIDS program, is opposed to this 
amendment because it restricts his flexibility. I quote from the letter 
he sent to the appropriations chairman:

       Given the various cultures, traditions, and religions that 
     are reflected in the global HIV/AIDS epidemic, it is 
     essential that we be enabled to work with multiple prevention 
     approaches and partners to affect behavior change. 
     Restricting such flexibility, as this Amendment intends, 
     would undermine our ability. . . .

  I urge a vote against the Feinstein amendment.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, I wish to take just 30 seconds to speak in 
support of Senator Feinstein's amendment.
  The issue here is not about whether we support abstinence as a method 
of preventing the transmission of HIV. Obviously, it is one approach, 
and an important one especially in countries where young girls are 
extremely vulnerable. Encouraging young people to postpone sexual 
activity until they are in a monogamous relationship is a key goal of 
any AIDS prevention strategy. So abstinence is one approach that we 
need to support along with other prevention strategies.
  But the Leadership Against AIDS Act says that 33 percent of all AIDS 
prevention funds should be spent on abstinence programs. The question, 
which is not answered in that act, is how to define abstinence, because 
if it is defined too broadly, it will eat into funds that are crucially 
needed for other prevention methods, such as HIV testing, and 
educational and information programs about methods to prevent HIV 
transmission among people who are sexually active.
  This amendment strikes the right balance, and I commend the Senator 
from California for taking on this difficult but very important issue.
  I ask for the yeas and nays on the Feinstein amendment.
  The PRESIDING OFFICER. The yeas and nays have already been ordered on 
the amendment.


                           Amendment No. 2048

  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. BINGAMAN. I call up amendment No. 2048.
  The PRESIDING OFFICER. Without objection, the pending amendment is 
laid aside. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from New Mexico [Mr. Bingaman], for himself and 
     Mr. Daschle, proposes an amendment numbered 2048.

  Mr. BINGAMAN. 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 make an additional $200,000,000 available for the Global 
    Aids Initiative and reduce the amount available for Millennium 
                 Challenge Assistance by $200,000,000)

       On page 22, line 7, strike ``$700,000,000'' and insert 
     ``$900,000,000''.
       On page 45, line 8, strike ``$1,000,000,000'' and insert 
     ``$800,000,000''.

  Mr. BINGAMAN. Mr. President, let me start by congratulating Senator 
DeWine, Senator Durbin, and all the others who worked so hard on the 
earlier amendment we adopted to add some funding. The case was 
extremely persuasive. By adding those dollars, we will be saving tens 
or perhaps hundreds of thousand of lives. I agreed with that and was 
very strongly in support of the amendment.
  The purpose of this amendment is to make an additional $200 million 
available for the global AIDS initiative and reduce the amount that is 
available for the Millennium Challenge Account by $200 million. So this 
is a transfer of funds from one part of the appropriations bill to 
another.
  Let me talk first about the Millennium Challenge Account, with which 
we are all familiar, to help developing countries. The administration, 
in their budget request, asked for $800 million in new obligated funds 
for this Millennium Challenge Account. That was what the Secretary of 
State testified to in answer to a question from Senator Biden before 
the Senate Foreign Relations Committee.
  Senator Biden asked:

       What is the estimate of obligations of $800 million in 
     fiscal year 2004 based on?

  Secretary Powell's answer:

       This is an estimate of the proportion of the $1.3 billion 
     budget request which we expect would actually be obligated in 
     2004 based on the careful selection system we have set up. 
     Thus, we do not believe it likely that all MCA money 
     appropriated in 2004 would be obligated in the fiscal year.

  Let me put up one other chart. This chart depicts graphically that 
the President's budget request was $1.3 billion in budget authority, 
but only $800 million in funds to be obligated in 2004.
  The House, in their appropriations process, took the President at his 
word and said: OK, you want $800 million for the Millennium Challenge 
Account; we will give you $800 million.
  We have gone an extra $200 million, although the administration 
itself says this extra $200 million they want for 2005 and later. They 
do not need it for 2004.
  My amendment simply would use that money in 2004 for this AIDS 
problem about which we are all so concerned. The amendment is inside 
the budget. It is inside the appropriations caps that the subcommittee 
has been given.
  In my view, this is a much better use of the money than just leaving 
$200 million in an account somewhere for the next 12 months until we 
get to 2005. This would be money that would be made available. I do not 
agree with the notion that we can just postpone and do more good with 
this money later on. Later on, many of the people we would like to help 
will be dead. The reality is we need to get this money and assistance 
to them as quickly as possible and follow through on the promise we 
have made. So I urge my colleagues to support the amendment.
  I yield the floor.
  The PRESIDING OFFICER. The Senator reserves the remainder of his 
time.
  The Senator from Kentucky.
  Mr. McCONNELL. Mr. President, we are nearing the end of the debate. 
There will be three rollcall votes stacked very shortly. Senator Leahy 
and I are unaware of any requests for any more rollcall votes. So I 
think it is safe to say that these three rollcall votes will be the 
last remaining rollcall votes for the night.
  With regard to the Bingaman amendment, this amendment adds $200 
million of an existing budget of over $2 billion to fight global AIDS. 
Just to put that in perspective, this amendment adds more than the 
entire fiscal year 1999 Clinton global AIDS funding level to this 
year's level on top of what we have already done. It adds $200 million 
for HIV/AIDS with an offset, taking away from the Millennium Challenge 
Account, the President's new initiative. We are spending over $2 
billion already this year, as has been repeatedly stated tonight, to 
combat HIV/AIDS, including nearly $200 million for the Global Fund.
  The Millennium Challenge Account is a new initiative that enjoys 
broad bipartisan support. The MCA provides foreign assistance to 
developing countries that are doing things the right way, from ruling 
justly to building free market economies.
  The Senate just approved the DeWine amendment 89 to 1. That increases 
HIV/AIDS spending by $289 million. It is time to wrap it up on this 
bill, to not steal money from the Millennium Challenge Account. I urge 
opposition to the Bingaman amendment.
  I am prepared to yield back the remainder of the time on this side 
and let the Senator from New Mexico wrap it up.

[[Page S13646]]

  The PRESIDING OFFICER. The Senator yields the remainder of his time.
  The Senator from New Mexico is recognized.
  Mr. BINGAMAN. How much time remains, Mr. President?
  The PRESIDING OFFICER. The Senator has 1 minute 20 seconds remaining.
  Mr. BINGAMAN. Mr. President, just to summarize the point, I am in 
favor of the Millennium Challenge Account. I am proposing that we go 
ahead and provide the full $800 million that the administration asks to 
be obligated in 2004. That is exactly what the House of Representatives 
did. That is exactly what we ought to do.
  My only point is that we should not be giving them $200 million that 
they themselves--that is, the administration itself--say they cannot 
spend in 2004. They do not plan to spend it in 2004. That money should 
be made available to fight AIDS. We can do that. It does not bust the 
budget. It does not bust the limitations that we have on this spending 
bill. It is a better use of that money, and I urge my colleagues to 
support that amendment.
  I yield back the remainder of my time.
  The PRESIDING OFFICER. The Senator from New Mexico yields back the 
remainder of his time.
  The Senator from Vermont.
  Mr. LEAHY. I have great respect for the Senator from Kentucky and the 
bill that he has put together. Whatever the outcome of the vote, I will 
strongly support this bill. It is a good bill. Senator McConnell has 
worked in a bipartisan manner to accommodate a number of priorities. 
This is one disagreement. We have hundreds of issues that we have to 
resolve in this bill. I think our average is pretty good.
  As Senator Bingaman pointed out, this is not a vote for or against 
the Millennium Challenge Account. The MCA could turn out to be a great 
program. This is a vote about priorities. This amendment is fully 
offset. The vote is on the following question: Do you want $200 million 
sitting in the Treasury for a year? Or, do you want to spend if 
fighting HIV/AIDS?
  The administration's own budget documents say that they will spend 
only $800 million of this money this year. Anything above this level 
will not be obligated until Fiscal Year 2005. This is precisely why the 
Republican-controlled House provided $800 million for the MCA. 
Secretary Powell made this point very clear when he testified before 
Senate Foreign Relations Committee. He was asked: ``Why can you spend 
only $800 million in Fiscal Year 2004?
  He replied--and I am quoting--this figure is ``based on the careful 
selection system we will set up.'' Secretary Powell continues: This is 
an innovative approach with no precedent to guide us. We anticipate 
that it will take some time to develop the first proposals and then 
hone them into acceptably detailed and accountable contracts. We thus 
did not believe it likely that all MCA money will be obligated in the 
fiscal year. We would anticipate that any remaining funding would be 
obligated in fiscal year 2005 for programs in countries selected in 
fiscal year 2004.
  I know that the White House will figure out a way to say they need 
this money. But, let me tell my colleagues a couple of other things I 
know. I know that this additional money will sit in Treasury--their own 
budget documents show this. Secretary Powell testified to this. I know 
we do one year appropriations around here. We will revisit this issue 
next year. I know there is not enough money in this bill to combat the 
worst public health crisis in 500 years.
  The Bingaman amendment gets us more money, which is fully offset, to 
accomplish this important goal. I urge my colleagues to vote yes.
  Also, I thank the staff members who have worked so hard on this bill. 
Senator McConnell and I work in a bipartisan manner and so do the 
respective staffs. On the Republican side I thank Paul Grove, Brendon 
Wheeler, Robert Karem. On the Democratic side, I thank Tim Rieser, Mark 
Lippert, and J.P. Dowd.
  The PRESIDING OFFICER. All time has expired on the Bingaman 
amendment.


                       Vote on Amendment No. 1977

  The PRESIDING OFFICER. The question is now on agreeing to amendment 
No. 1977 offered by the Senator from California on which the yeas and 
nays have been ordered.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. McCONNELL. I announce that the Senator from New Mexico (Mr. 
Domenici) and the Senator from Mississippi (Mr. Lott) are necessarily 
absent.
  Mr. REID. I announce that the Senator from Delaware (Mr. Carper), the 
Senator from North Carolina (Mr. Edwards), the Senator from South 
Carolina (Mr. Hollings), the Senator from Massachusetts (Mr. Kerry), 
and the Senator from Connecticut (Mr. Lieberman) are necessarily 
absent.
  I also announce that the Senator from Nebraska (Mr. Nelson) is absent 
attending a family funeral.
  I further announce that, if present and voting, the Senator from 
Massachusetts (Mr. Kerry) would vote ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 45, nays 47, as follows:

                      [Rollcall Vote No. 430 Leg.]

                                YEAS--45

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Chafee
     Clinton
     Collins
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Graham (FL)
     Harkin
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Snowe
     Stabenow
     Wyden

                                NAYS--47

     Alexander
     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chambliss
     Cochran
     Coleman
     Cornyn
     Craig
     Crapo
     DeWine
     Dole
     Ensign
     Enzi
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Kyl
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Specter
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner

                             NOT VOTING--8

     Carper
     Domenici
     Edwards
     Hollings
     Kerry
     Lieberman
     Lott
     Nelson (NE)
  The amendment (No. 1977) was rejected.
  Mr. COCHRAN. Mr. President, I move to reconsider the vote.
  Mr. BROWNBACK. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2047

  The PRESIDING OFFICER. There are now 2 minutes of debate equally 
divided on the motion to waive the Budget Act with respect to amendment 
No. 2047 by the Senator from Illinois.
  Mr. McCONNELL. Mr. President, more than enough has already been said 
about this budget point of order. We have had this vote at least three 
different times this year. I hope the budget point of order will be 
sustained.
  Mr. DURBIN. With this amendment, we raise the spending to fight the 
war on global AIDS, tuberculosis, and malaria to the level that the 
Senate promised in its own authorization bill, a level that 78 of us 
voted for on a bipartisan basis.
  We know this is the greatest moral challenge of our time. This is our 
chance to keep our promise to the world to make certain that America's 
compassionate leadership is meaningful to people around the world.
  I ask my colleagues, please, look beyond the Budget Act. Look to the 
fact that we have a challenge here that is worthy of our vote at this 
time. I hope you will support this amendment.
  I reserve the remainder of my time.
  Mr. McCONNELL. I yield the remaining time to the Senator from 
Pennsylvania.
  Mr. SANTORUM. Mr. President, the DeWine amendment accomplished 
everything that is absolutely necessary to fight global AIDS at this 
time. It is $2 billion. The authorization stipulated fully funding the 
authorization of $2 billion and $400 million to match the $800 million 
that had been pledged by the international community. As meeting with 
the authorization, $1 of American for $2 of international. The $2.4

[[Page S13647]]

billion, which is in the bill, fully funds our AIDS commitment on the 
authorization and overfunds what the President requested by $400 
million.
  Mr. DURBIN. My friends, the authorized level is $3 billion. It is not 
$2 billion. The $2.4 billion we have reached with the Mike DeWine 
amendment still leaves us short $589 million. That is the difference 
this amendment makes.
  The PRESIDING OFFICER. All time has expired. The question is on 
agreeing to the motion to waive the Budget Act with respect to 
amendment No. 2047 of the Senator from Illinois. The yeas and nays have 
been ordered. This is a 10-minute vote.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. McCONNELL. I announce that the Senator from New Mexico (Mr. 
Domenici) and the Senator from Mississippi (Mr. Lott) are necessarily 
absent.
  Mr. REID. I announce that the Senator from Delaware (Mr. Carper), the 
Senator from North Carolina (Mr. Edwards), the Senator from 
Massachusetts (Mr. Kerry), and the Senator from Connecticut (Mr. 
Lieberman) are necessarily absent.
  I also announce that the Senator from Nebraska (Mr. Nelson) is absent 
attending a family funeral.
  I further announce that, if present and voting, the Senator from 
Massachusetts (Mr. Kerry) would vote ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 42, nays 50, as follows:

                      [Rollcall Vote No. 431 Leg.]

                                YEAS--42

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Clinton
     Collins
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Graham (FL)
     Harkin
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Stabenow
     Wyden

                                NAYS--50

     Alexander
     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Chambliss
     Cochran
     Coleman
     Conrad
     Cornyn
     Craig
     Crapo
     DeWine
     Dole
     Ensign
     Enzi
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Kyl
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner

                             NOT VOTING--8

     Carper
     Domenici
     Edwards
     Hollings
     Kerry
     Lieberman
     Lott
     Nelson (NE)
  The PRESIDING OFFICER. On this vote, the yeas are 42, the nays are 
50. Three-fifths of the Senators duly chosen and sworn not having voted 
in the affirmative, the motion is rejected. The point of order is 
sustained, and the amendment falls.
  Mr. FRIST. 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.
  The PRESIDING OFFICER. The majority leader is recognized.
  Mr. FRIST. Mr. President, for the information of all Senators, this 
will be the last rollcall vote tonight. Final passage will be on a 
voice vote. There will be no votes tomorrow. Earlier tonight, we had 
two unanimous consent agreements. We will say more about Monday's 
schedule a little bit later, but the plans are to have at least one 
rollcall vote Monday. It will be around 5:30 or so. That will be on the 
interior conference report.


                           Amendment No. 2048

  The PRESIDING OFFICER. There is now a period for 2 minutes of debate 
equally divided on amendment No. 2048 offered by the Senator from New 
Mexico.
  The Senator from Kentucky is recognized.
  Mr. McCONNELL. Very briefly, this amendment would take $200 million 
out of the President's Millennium Challenge Account and add it to AIDS 
funding. We have already had a significant amount of debate about AIDS 
funding. I think we have made a decision on that.
  This amendment, I hope, will be opposed.
  I yield back the remainder of my time.
  The PRESIDING OFFICER. The Senator yields back the remainder of his 
time.
  The Senator from New Mexico is recognized.
  Mr. BINGAMAN. Mr. President, first, I ask for the yeas and nays on 
the amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. BINGAMAN. Mr. President, in the bill before us, we have $200 
million for the Millennium Challenge Account that the administration 
says they cannot spend in 2004. They do not plan to spend it. They did 
not request it.
  The House gave the administration $800 million for the Millennium 
Challenge Account. We are giving them $1 billion.
  My amendment would say let's give them the same amount the House is 
proposing to give them, the $800 million, and let's take that extra 
$200 million and use that in the fight against HIV/AIDS. It is a much 
better use of the funds than just putting it in an account for possible 
use in 2005.
  I urge the adoption of the amendment.
  Mr. DASCHLE. Mr. President, I rise in strong support of the Bingaman 
amendment, which would transfer $200 million dollars from the 
Millennium Challenge Account into programs designed to help us fight 
our struggle against the spread of HIV/AIDS.
  I commend my friend and colleague from New Mexico for his leadership 
on this critical issue. Along with several of our colleagues, the 
Senator from New Mexico and I traveled to South Africa, Botswana, 
Kenya, and Nigeria to look at this heart-wrenching challenge. And I 
believe his amendment is an important step toward relieving the intense 
suffering we saw on that trip.
  Let me say, too, that I support the Millennium Challenge Account. 
With the crushing poverty affecting nearly a third of the world's 
citizens, the MCA is clearly an idea whose time has come. I support it, 
and that is why I worked hard to ensure that this foreign operations 
bill contains the legislation to create that important program.
  But the bill also includes $200 million more than the President has 
requested and $200 million more than his Secretary of State has said he 
can use this year. So rather than have that money sit unused--in the 
face of the gravest public health crisis the world has ever known--we 
propose to put that money to use immediately to confront HIV/AIDs.
  Less than 4 months ago, the President signed into law a bill 
authorizing his administration to spend $3 billion a year for the next 
5 years on a comprehensive program to combat AIDS.
  Congress passed this legislation in response to the President's call 
for action in his State of the Union Address. Unfortunately, President 
Bush's own budget request has fallen fall short of his promises, 
seeking just under $2 billion, more than $1 billion less than what he 
is authorized to spend.
  Nearly 30 million people in sub-Saharan Africa are currently living 
with the AIDS virus, and the President's emergency plan for AIDS will 
begin to help those countries that are worst hit.
  But the reason we need to invest this additional $200 million--on top 
of the $289 million we just agreed to--is because the President's 
emergency plan focuses only on Africa and the Caribbean.
  Take one country not addressed in the President's emergency plan. At 
the end of 2002, over 4.5 million Indians were infected with HIV, 
making India the nation with the second-highest population of AIDS 
patients in the world behind South Africa. Experts there warn that the 
disease has spread from high-risk populations in urban areas into rural 
India.
  As a result, the infection rate will dramatically increase, in much 
the same pattern it followed in sub-Saharan Africa. A recent United 
States National Intelligence Council report predicted that India could 
have 25 million of its citizens infected with HIV/AIDS by the year 
2010--less than 7 years from

[[Page S13648]]

now. Such an incidence of this disease would mean that India will have 
nearly as many people living with the AIDS virus as the entire sub-
Saharan African region does today.
  But our investments to fight HIV in India at the moment are less than 
$40 million per year. By continuing that trend line, we are in effect 
requiring even more expensive investments within a decade.
  I urge my colleagues to support the Bingaman amendment, which follows 
the recommendation of President Bush regarding the amount of money 
needed for the Millennium Challenge Account, and devotes the additional 
resources to a problem that demands our immediate attention.
  Mr. BINGAMAN. I yield back the remainder of my time.
  The PRESIDING OFFICER. The Senator yields back the remainder of his 
time.
  Mr. REID. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. The yeas and nays have already been ordered.
  All time has now expired. The question is on agreeing to amendment 
No. 2048 offered by the Senator from New Mexico. The clerk will call 
the roll.
  The legislative clerk called the roll.
  Mr. McCONNELL. I announce that the Senator from New Mexico (Mr. 
Domenici) and the Senator from Mississippi (Mr. Lott) are necessarily 
absent.
  Mr. REID. I announce that the Senator from Delaware (Mr. Carper), the 
Senator from North Carolina (Mr. Edwards), the Senator from South 
Carolina (Mr. Hollings), the Senator from Massachusetts (Mr. Kerry), 
and the Senator from Connecticut (Mr. Lieberman) are necessarily 
absent.
  I also announce that the Senator from Nebraska (Mr. Nelson) is absent 
attending a family funeral.
  I further announce that, if present and voting, the Senator from 
Massachusetts (Mr. Kerry) would vote ``yea.''
  The result was announced--yeas 41, nays 51, as follows:

                      [Rollcall Vote No. 432 Leg.]

                                YEAS--41

     Akaka
     Baucus
     Bayh
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Clinton
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Graham (FL)
     Harkin
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Stabenow
     Wyden

                                NAYS--51

     Alexander
     Allard
     Allen
     Bennett
     Biden
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Chambliss
     Cochran
     Coleman
     Collins
     Cornyn
     Craig
     Crapo
     DeWine
     Dole
     Ensign
     Enzi
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Kyl
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner

                             NOT VOTING--8

     Carper
     Domenici
     Edwards
     Hollings
     Kerry
     Lieberman
     Lott
     Nelson (NE)
  The amendment (No. 2048) was rejected.
  Mr. McCONNELL. I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. Mr. President, I ask unanimous consent that Senator Leahy 
be listed as a cosponsor of amendment No. 2047.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Kentucky.


                           Amendment No. 2049

  Mr. McCONNELL. Mr. President, I have a technical amendment, which 
includes language by Senators Allard and Feingold to strike amendments 
Nos. 1995 and 2004, previously adopted, and another technical amendment 
by Senator Santorum. I send the amendment to the desk and ask for its 
immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Kentucky [Mr. McConnell] proposes an 
     amendment numbered 2049.

  Mr. McCONNELL. 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:

       In Senate Amendment 1968, strike the following:
       On page 18, line 10, after ``Jordan'' insert the following:
        , which sum shall be disbursed within 30 days of enactment 
     of this Act.
       Strike amendments 1995 and 2004 to H.R. 2800, which were 
     adopted by unanimous consent on October 28, 2003.
       At the appropriate place in the bill, insert the following:


        International Military Training Assistance for Indonesia

       Sec.   . (a) Subject to subsection (b), none of the funds 
     appropriated under the heading ``INTERNATIONAL MILITARY 
     EDUCATION AND TRAINING'' shall be made available for 
     Indonesia, except that such prohibition shall not apply to 
     expanded military education and training.
       (b) The President may waive the application of subsection 
     (a) if the President determines that important national 
     security interests of the United States justify such a waiver 
     and the President submits notice of such a waiver and 
     justification to the Committees on Appropriations in 
     accordance with the regular notification procedures of such 
     Committees.
       (c) Respect of the Indonesian military for human rights and 
     the normalization of the military relationship between the 
     United States and Indonesia is in the interests of both 
     countries. The normalization process cannot begin until the 
     Federal Bureau of Investigation has received full cooperation 
     from the Government of Indonesia and the Indonesian armed 
     forces with respect to its investigation into the August 31, 
     2002, murders of two American citizens and one Indonesian 
     citizen in Timika, Indonesia, and the individuals responsible 
     for those murders have been prosecuted and appropriately 
     punished.

     SEC.   . TECHNICAL CORRECTION RELATING TO THE ENHANCED HIPC 
                   INITIATIVE.

       Section 1625(a)(1)(B)(ii) of the International Financial 
     Institutions Act (as added by section 501 of the United 
     States Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
     Act of 2003 (Public Law 108-25)) is amended by striking 
     ``subparagraph (A)'' and inserting ``clause (i)''.

  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 2049) was agreed to.
  Mr. McCONNELL. I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                    Amendment No. 2023, As Modified

  Mr. McCONNELL. Mr. President, I send a modification to amendment No. 
2023, offered by Senator Kennedy, to the desk.
  I understand the amendment has already been agreed to.
  The PRESIDING OFFICER. Without objection, the amendment is so 
modified.
  The amendment (No. 2023), as modified, is as follows:

       At the appropriate place, insert the following:
       Sec. __. Beginning not later than 60 days after the date of 
     enactment of this Act, the Coordinator should make publicly 
     available (including through posting on Internet web sites 
     maintained by the Coordinator) prices paid to purchase HIV/
     AIDS pharmaceuticals, antiviral therapies, diagnostic and 
     monitoring tests, and other appropriate medicines, including 
     medicines to treat opportunistic infections, for the 
     treatment of people with HIV/AIDS and the prevention of 
     mother-to-child transmission of HIV/AIDS in developing 
     counties--
       (1) through the use of funds appropriated under this Act; 
     and
       (2) to the extent available, by--
       (A) the World Health Organization; and
       (B) the Global Fund to Fight AIDS, Tuberculosis, and 
     Malaria.


                           Amendment No. 2050

  Mr. McCONNELL. Mr. President, I send an amendment to the desk by 
Senator Stevens and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Kentucky [Mr. McConnell], for Mr. Stevens, 
     proposes an amendment numbered 2050.

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
reading of the amendment be dispensed with.

[[Page S13649]]

  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

   (Purpose: To provide assistance for democracy programs in Russia)

       On page 27, line 4 after the colon, insert the following:
       Provided further, That of the funds appropriated under this 
     heading, $500,000 shall be made available to support 
     democracy building programs in Russia through the Sakharov 
     Archives:

  Mr. McCONNELL. I understand there is no opposition.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 2050) was agreed to.
  Mr. McCONNELL. I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 1970

  Mr. McCONNELL. Mr. President, I call up amendment No. 1970 on behalf 
of myself, Senator Leahy, and Senator McCain. The amendment is pending.
  The PRESIDING OFFICER. That amendment has already been offered.
  Mr. McCONNELL. It is pending but not adopted. I urge its adoption.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 1970) was agreed to.
  Mr. McCONNELL. I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


             the clean energy technology exports initiative

  Mr. BYRD. Mr. President, I have long had an interest in helping to 
open international energy technology markets and in expanding the 
export of a range of U.S. clean energy technologies. In October 2002, 
the Bush administration, at my urging, released a nine-agency plan 
called the Clean Energy Technology Exports, CETE, Initiative which is 
intended to carry out such an effort. The participating agencies whose 
budgets are covered in this bill include U.S. Agency for International 
Development, USAID, the Export-Import Bank, ExIm, Overseas Private 
Investment Corporation, OPIC, and the Trade and Development Agency, 
TDA.
  To help coordinate and facilitate that work, funds have been included 
in the Fiscal Year 2004 Energy and Water bill to establish an 
interagency center to be located at the Department of Energy in order 
to increase U.S. efforts abroad and encourage greater public/private 
partnerships for such projects. It is also important that other 
agencies with responsibility for foreign assistance and export 
promotion participate in this initiative.
  I hope that the managers of this bill will work with me in conference 
to include language in the Statement of Managers to strongly urge 
USAID, ExIm, OPIC, and TDA to participate actively in the CETE 
Initiative. I want to be sure that these agencies contribute to the 
center's work, with funds in their existing budgets, to promote U.S. 
clean energy technologies in developing countries where the demand for 
energy is increasing dramatically.
  Mr. McCONNELL. I am aware of the interest of the ranking member of 
the Appropriations Committee, the senior Senator from West Virginia, in 
promoting the export of clean energy technologies, and appreciate 
knowing about his efforts to establish a center at the Department of 
Energy for this purpose.
  Mr. LEAHY. I also appreciate what my friend Senator Byrd has said, 
and I will gladly work with him in conference in support of the 
language he seeks in the Statement of Managers.


                        Global TB Drug Facility

  Mrs. BOXER. I would like to thank the Senator from Vermont for his 
outstanding leadership on this bill and especially for his leadership 
on infectious disease issues. As my colleague well knows, tuberculosis 
is the greatest curable infectious killer on the planet. TB is also the 
number one killer of people with HIV/AIDS and the biggest killer of 
young women.
  We must support the highest possible funding level for global TB 
programs, especially as we scale up AIDS efforts, and we must ensure 
that these monies have maximum impact--curing as many people of TB as 
possible. Ensuring access to drugs is a key component in curing TB.
  Mr. LEAHY. I agree with my colleague. When countries do not have 
access to TB drugs, people die needlessly and when TB treatment is 
interrupted, this leads to the development of more deadly multi-drug 
resistant TB--which can cost hundreds of thousands of dollars to treat 
each infected person in the United States.
  Mrs. BOXER. To address this issue, the Global TB Drug Facility, which 
is part of the Stop TB Partnership at the World Health Organization, is 
a remarkably successful international mechanism that is effectively 
providing access to high-quality anti-TB drugs in the world's poor 
nations. The Global TB Drug Facility procures drugs at low cost through 
a competitive bidding process, distributes drugs to qualified grantees, 
and works with Stop TB partners to ensure monitoring and evaluation.
  In operation just 2 years, the Global TB Drug Facility has reduced 
the price of anti-TB drugs to just $10 for a full six to eight month 
course of treatment, and has approved grants to over 40 countries.
  The Global TB Drug Facility, GDF is so successful that the World 
Health Organization is using it as a model for providing anti-
retroviral drugs and diagnostics in its campaign to reach 3 million 
people with anti-retrovirals by 2005.
  Yet, despite its immense effectiveness, the GDF is facing a severe 
funding crisis. It does not have funding to meet existing commitments 
next year or to make any new grants for drug purchases. It needs $50 
million next year and a minimum of $25 million just to meet existing 
commitments for 2004. If it does not get its minimum funding, at least 
1.8 million TB patients will be put at serious risk and many will die, 
and we will be interrupting supplies of drugs--creating the perfect 
conditions to develop a dangerous drug resistant strain of the disease.
  H.R. 1298, The United States Leadership Against HIV/AIDS, 
Tuberculosis, and Malaria Act of 2003, which was passed by the Senate 
and signed into law by the President, calls for ``substantially 
increased funding for the Global Tuberculosis Drug Facility.''
  The United States provided only $2 million to the GDF in 2002 and 
just $3 million in 2003. As a crucial part of our global TB effort, the 
United States should significantly increase our support for the Global 
TB Drug Facility in 2004. For example, $15 million provided to the TB 
Drug Facility could provide TB drugs to treat over 1 million people.


              international narcotics and law enforcement

  Mr. McCONNELL. Mr. President, I see the Senators from Virginia and 
Vermont on the floor, and am wondering if they could provide some 
additional information on their amendment concerning enforcement of 
intellectual property laws.
  Mr. ALLEN. I thank the Senator from Kentucky. The Allen-Leahy 
amendment provides $5 million under the ``International Narcotics and 
Law Enforcement'' account to improve enforcement of intellectual 
property laws to combat piracy in developing countries. This is a very 
important issue, as it relates directly to our economic viability as a 
nation.
  Mr. LEAHY. I agree with the Senator from Virginia. The lack of 
enforcement of intellectual property laws is a serious problem. It 
undermines the rule of law in other nations, and it hurts U.S. economic 
and cultural interests. Perhaps most importantly, it reduces incentives 
for Americans to be creative. And, we know that American ingenuity is a 
major reason that the United States is the Nation it is today.
  This amendment will help address some of these problems. It will also 
help developing nations comply with the WTO agreement on Trade-Related 
Aspects of Intellectual Property Rights, TRIPS, and other intellectual 
property agreements, which is very important.
  Some of these nations have problems meeting the most basic needs of 
their people, and it is safe to say that this assistance could be the 
difference between the enforcement of these laws or piracy continuing 
unabated.
  Mr. McCONNELL. I thank my good friend from Vermont. I agree with what 
has been said on this by the Senators from Virginia and Vermont. I 
think this is a good idea, and would like to

[[Page S13650]]

ask, for clarification purposes, a question of the Senator form 
Virginia. How would this money be spent and what type of assistance 
would be provided by these funds?
  Mr. ALLEN. This amendment allows the administration to be extremely 
flexible in finding an approach. It could involve training, equipment, 
or a range of other measures.
  I do not want to micro-manage this process. I want to leave this in 
the hands of those in the administration with expertise on this issue. 
I would defer, in large measure, to State Department officials, 
especially those posted overseas who are dealing with the problem on a 
daily basis, to come up with a workable strategy.
  However, I do believe that this is a problem that requires a coherent 
plan and a coordinated approach by the United States Government. And, I 
believe that the State Department, in close consultation with the 
United States Trade Representative, USTR, and the Department of 
Commerce, should formulate a detailed strategy for the use of these 
funds before they are obligated.
  Other agencies, such as the Patent and Trademark Office, the 
Department of Homeland Security, the Department of Justice, and the 
Library of Congress, have expertise on this issue. They can be 
extremely helpful in implementing these programs, especially with 
respect to training individuals from developing nations.
  Mr. McCONNELL. This sounds like a very reasonable approach.
  Mr. LEAHY. I agree.
  Mr. REID. Mr. President, I want to thank my colleagues, especially 
Senator Leahy, Senator McConnell, and Senator Daschle, for supporting 
an amendment that was cleared. The amendment will help one of our 
closest neighbors--the country of Mexico.
  We recently approved billions of dollars to begin rebuilding the 
nation of Iraq and to maintain order in Afghanistan. We approved this 
aid not only so the people of Iraq and Afghanistan can enjoy the 
benefits of a free and democratic society; we also approved it because 
we know it's in our interest to create a stable situation in those 
countries.
  The same thing goes for our southern neighbor, with whom we share a 
2,000 mile border, and where economic conditions are particularly bad 
right now.
  Desperate people take desperate measures, and many people in Mexico 
are desperate. A few years ago, Mexico seemed on the verge of an 
economic breakthrough. But today, Mexico's growth rate is half what it 
was in the 1990s. More than half of all Mexicans--over 50 million 
people--have an annual income of less than about $1,400. Almost one-
fourth of all Mexicans have an annual income of about $720--less than 
$2 per day.
  There is little hope for these people in the Mexican countryside, 
where coffee prices have plummeted and where homes and land values are 
falling because of a badly broken system of private property ownership. 
So these desperate people take desperate measures. Maybe they flee to 
Mexico City--but there isn't much hope there either. Most refugees from 
the country side wind up in crowded shantytowns, breathing foul air, 
and living in filth. Maybe they remain on the land, but instead of 
raising coffee, many turn to illegal crop production, which facilitates 
a dangerous trade in drugs that poisons our own cities. Perhaps they 
will put their lives in the hands of unscrupulous ``coyotes'' who 
promise to lead them across the desert to the land of plenty. If they 
don't die trying, they reach the United States, where they place an 
added burden on our security officials and social services.
  I do not condone illegal immigration. But I understand that desperate 
people do desperate things, and that desperate conditions in Mexico 
affect the United States.
  This amendment extends a helping hand to our neighbor. It provides 
$10 million for micro credit lending, small business and 
entrepreneurial development, aid to small farms and farmers, many who 
have been affected by the collapse of coffee prices, and it calls for 
programs to support Mexico's private property ownership system, which 
is in dire need for repair.
  The money appropriated pursuant to this amendment won't solve these 
problems overnight, but we have to start somewhere. Our neighbor needs 
help, and we can't turn a blind eye.
  This is not a handout. It is a commitment to free market-based 
programs that will spur long-term development and growth in the rural 
areas of Mexico. By extending a hand to our neighbor, we are also 
keeping our own Nation strong and secure. I again want to thank my 
colleagues for supporting this measure.
  Mr. McCONNELL. Mr. President, we all understand and appreciate the 
importance of information technology. Many of us now regularly use our 
``blackberries'' to communicate with each other and staff on the 
workings of this body. I want to take a moment to highlight the efforts 
and vision of Voice for Humanity to utilize information technology--
specifically audio digital technology--to maximize the effectiveness of 
HIV/AIDS awareness and other important development issues abroad.
  Using low-cost digital tools, Voice for Humanity proposes to convey 
HIV/AIDS awareness, prevention, treatment, and medical training among 
non-literate and oral communicating populations in developing 
countries. The devices, which fit into the palm of your hand, can 
provide standardized information to any one group or individual in any 
language. And the best part is, information can be regularly updated 
and changed using regular FM radio technology.
  The applications of this technology are endless. During elections, 
this technology can provide critical information to remote parts of a 
developing country on the basic tenants of democracy and election rules 
and regulations. Anyone who has observed elections in a transitioning 
country knows that confusion over process on election day--by voters 
and poll workers--is not extraordinary. This technology ensures that 
everyone has the same information, in the same language, at the same 
time.
  I will have more to say on Voice for Humanity at a later date. I 
intend to include language in the statement of managers accompanying 
the fiscal year 2004 Foreign Operations Appropriations bill ensuring 
support for pilot projects.
  Lastly, Mr. President, last night the conferees to the emergency 
supplemental included $100 million for economic assistance for Jordan. 
This action was strongly supported by the Foreign Operations 
Subcommittee, and is intended to be in addition to funds made available 
for Jordan in the fiscal year 2004 Foreign Operations bill.
  My friend from Vermont and I wanted to provide Jordan with early 
disbursal of funds in the pending bill because we have long recognized 
how good and trusted an ally we have in that country. I was just in 
Amman--a little over 3 weeks ago--and was again impressed by the solid 
relationship the United States enjoys with the Hashemite Kingdom.
  The inclusion of an additional $100 million for Jordan sends the 
right message at the right time and provides well earned support for 
ongoing reforms in Jordan. The technical amendment the ranking member 
and I offer strikes an earlier one that provided funds for Jordan on an 
accelerated basis--instead, Jordan's total allocation for economic 
assistance in fiscal year 2004 will include the budget request for $250 
million, and an additional $100 million in the supplemental.
  Mr. McCONNELL. Mr. President, in conclusion, I thank Senator Leahy 
and his very capable staff, Tim Rieser and Mark Lippert, and, of 
course, Chairman Stevens and his able staff director, Jim Morhard, for 
his continued support of the subcommittee, and particularly for the 
additional global HIV/AIDS program allocation.
  I also thank USAID counsel Bob Lester who puts in long hours working 
alongside the subcommittee putting these bills together. I thank 
Brendon Wheeler and my assistant, Robert Karem, who accompanied me on a 
recent trip to Iraq and Afghanistan, and Paul Grove, chief counsel of 
the subcommittee. He has been with me off and on for a number of years. 
He has done a spectacular job. He had to balance both the emergency 
supplemental conference downstairs and the foreign operations bill 
upstairs and chronic sleep deprivation at the same time, and he did all 
that with admirable poise and remarkable intellectual ability. I 
appreciate his very fine work.

[[Page S13651]]

  The PRESIDING OFFICER. If there is no further amendment to be 
proposed, the question is on the engrossment of the amendments and 
third reading of the bill.
  The amendments were ordered to be engrossed and the bill to be read a 
third time.
  The bill was read the third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill, as amended, pass?
  The bill (H.R. 2800), as amended, was passed.
  (The bill will be printed in a future edition of the Record.)
  Mr. REID. I move to reconsider the vote.
  Mr. McCONNELL. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. Pursuant to the previous order, the Senate 
insists on its amendment and requests a conference with the House.
  The Presiding Officer appointed Mr. McConnell, Mr. Specter, Mr. 
Gregg, Mr. Shelby, Mr. Bennett, Mr. Campbell, Mr. Bond, Mr. DeWine, Mr. 
Stevens, Mr. Leahy, Mr. Inouye, Mr. Harkin, Ms. Mikulski, Mr. Durbin, 
Mr. Johnson, Ms. Landrieu, and Mr. Byrd conferees on the part of the 
Senate.

                          ____________________