Congressional Record, Volume 153 Issue 131 (Thursday, September 6, 2007)

[Congressional Record Volume 153, Number 131 (Thursday, September 6, 2007)]
[Senate]
[Pages S11185-S11206]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2008--Continued

The PRESIDING OFFICER. The Senator from Kansas is recognized.
Mr. BROWNBACK. Madam President, I ask unanimous consent to speak on
the Lieberman amendment for up to 7 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 2691

Mr. BROWNBACK. Madam President, this is the Lieberman-Brownback
amendment; and several others are on the amendment as well. I have
worked on this issue for some period of time. Over the past 4 years, we
have been able to get some funding for democracy-building activity
inside of Iran. It has been a difficult project. We have not been able
to get much money secured, but it follows a long tradition of
successful efforts at targeting regimes that do not support democracy,
that undermine democracy, indeed, even support terrorism around the
world, by building civil society organizations within that country.
It is very interesting to me you can get a message into Iran, and
there is a good possibility, there is an excellent prospect of building
civil society organizations inside Iran. You can look at some of the
things that have taken place recently where there has been a bus driver
strike and the possibility of a labor union movement forming there or
even with some of the teacher strikes or some of the student strikes.
You are clearly seeing the people inside Iran are opposed to the
regime. We

[[Page S11186]]

need to work, I believe, with them and with others to form civil
society organizations inside Iran to go at the regime itself, and to
undermine the regime itself, of saying: If you are not going to support
our civil rights here, we are going to oppose you.
We saw some of these things taking place with some fruit of success
inside the Ukraine, where you had a revolution that took place there,
where you had a number of civil society organizations that had built up
over a period of years, over time, so that when there was a movement of
the people where they decided they didn't like that autocratic
dictatorship, that autocratic rule that was taking place, there was an
underlying group that said: Yes, here is where we should go as a group
and as a society.
Plus, I think we have to recognize what Iran is. The Iranian
Government is the lead sponsor of terrorism around the world. The
Iranian people do not support the Government. They are in direct
conflict with the United States now in their support and development
and funding of troops, of people being trained in Iran or supplied in
Iran to go into Iraq. We can oppose, exterior-wise, the Iranians. We
can oppose the regime that way. But one of the key things we can also
do is say, internally, there should be a development of a civil society
within Iran, an internal support for people there.
The Iranian regime not only threatens us, they directly and violently
threaten a key ally of ours in the region in Israel. In addition to the
well-publicized extremist rhetoric from President Ahmadinejad, Iran
directly funds groups such as Hezbollah and Hamas. Iran directly funds
them, which are designed--these groups--to perpetuate violence and
thwart efforts for Middle Eastern peace.
Their regime is engaged in a campaign against the United States
interests in Iraq, as I have stated. Some in the United States would
prefer to ignore Iran's threats to our operations or pretend they do
not exist at all. It is increasingly clear Iran's leaders are
deliberately and purposely targeting U.S. forces in Iraq. The Iranian
regime does not want the United States to succeed in Iraq and is
consistently resorting to violence to underscore that threat. I also
note we are also learning of the regime's sponsorship of violence
inside of Afghanistan as well.
In short, it is not enough to contemplate what might happen if the
United States and Iran came to blows. Based on the actions of the
regime in Tehran, Iran is already in conflict with the United States.
On our current course, the future is not bright. Iran is moving ever
closer to a nuclear capability that will allow it to threaten the
security of anyone who opposes its dreams of dominating the Middle
East.
This amendment provides for the full $75 million for democracy
programs. It would take the first step in this direction. We must call
the regime to account for its flagrant human rights abuses committed
against the Iranian people.
I have worked with a number of Iranian dissidents. I have done talk
radio programs that have broadcast into Tehran.
The regime is brutal in opposing its own people. It is a huge sponsor
of terrorism, the largest in the world. It is one we should oppose, and
this is a key method that needs to be adequately funded--and I think
hardly funded very much at $75 million. But if you cut that down to $30
million, you are below a target that probably even can be of much
effect at all. We clearly need to do this.
Madam President, before I yield the floor, I want to add Senator
Collins as a cosponsor to this amendment. I ask unanimous consent that
Senator Collins be added as a cosponsor to this amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BROWNBACK. Madam President, I ask unanimous consent that Senators
Martinez and Vitter be added as cosponsors to both of my amendments I
previously spoke about, amendments Nos. 2707 and 2708, related to
Mexico City policy and the Kemp-Kasten law.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BROWNBACK. Thank you very much, Madam President.
I yield the floor.
The PRESIDING OFFICER. The Senator from New Hampshire is recognized.
Mr. GREGG. Madam President, so we can get to the status of things, we
now have approximately five amendments that have been offered that we
know we are going to have to have votes on. There are a number of
amendments which have been submitted, and we are waiting for Members to
come down to present those amendments or, in the alternative, to tell
us what they want to do with them.
We would like to wrap this bill up tonight, but it is going to be
difficult unless we get Members to participate in this process by
actually appearing on the floor and telling us how they want to deal
with their amendments. However, as to these five amendments that have
been offered, I hope we can go to a vote on them fairly soon and at
least get the process started.
Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. COBURN. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendments Nos. 2704, 2705, 2706, and 2716

Mr. COBURN. Madam President, I call up en bloc amendments Nos. 2704,
2705, 2706, and 2716.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Oklahoma [Mr. Coburn] proposes en bloc
amendments numbered 2704, 2705, 2706, and 2716.

Mr. COBURN. Madam President, I ask unanimous consent that the reading
of the amendments be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments are as follows:

amendment no. 2704

(Purpose: To provide that none of the funds appropriated or otherwise
made available by this Act for ``Contribution to the International
Development Association'' may be made available for the World Bank for
malaria control or prevention programs)

At the appropriate place, insert the following:
Sec. __. None of the funds appropriated or otherwise made
available by this Act for multilateral economic assistance
under the heading ``contribution to the international
development association'' may be made available for the World
Bank for malaria control or prevention programs.

amendment no. 2705

(Purpose: To provide for the spending of $106,763,000 on programs that
save children's lives, such as the President's Malaria Initiative,
rather than lower priority programs, such as the Global Environment
Facility, which produce few results and are managed by the United
Nations Development Program, which utilizes corrupt procurement
practices, operates contrary to United Nations rules, and retaliates
against whistleblowers)

On page 410, between lines 15 and 16, insert the following:

SAVING CHILDREN'S LIVES

Sec. 699B. (a) The amount appropriated or otherwise made
available by title III for bilateral economic assistance
under the heading ``global health programs'' and available
for child survival and maternal health is hereby increased by
$76,763,000.
(b) The amount appropriated or otherwise made available by
title III for bilateral economic assistance under the heading
``global health programs'' for other infectious diseases and
available for the President's Malaria Initiative is hereby
increased by $30,000,000.
(c) The amount appropriated or otherwise made available by
title V under the heading ``global environment facility'' is
hereby reduced by $106,763,000.

amendment no. 2706

(Purpose: To ensure full public transparency and fiscal accountability
at the Global Fund to Fight HIV/AIDS, Tuberculosis and Malaria)

On page 311, strike lines 20 through 22 and insert the
following:
(6) has adopted and is implementing a policy to publish on
a publicly available web site all program reviews, program
evaluations, internally and externally commissioned audits,
and inspector general reports and findings, not later than 7
days after they are received by the Global Fund Secretariat,
except that such information as determined necessary by the
Inspector General to protect the identity of whistleblowers
or other informants to investigations and reports of the
Inspector General, or proprietary information, may be
redacted from such documents; and

[[Page S11187]]

amendment no. 2716

On page 410, between lines 15 and 16, insert the following:

SAVING CHILDREN'S LIVES

Sec. 699B. (a) The amount appropriated or otherwise made
available by title III for bilateral economic assistance
under the heading ``global health programs'' and available
for child survival and maternal health is hereby increased by
$48,763,000.
(b) The amount appropriated or otherwise made available by
title III for bilateral economic assistance under the heading
``global health programs'' for other infectious diseases and
available for the President's Malaria Initiative is hereby
increased by $30,000,000.
(c) The amount appropriated or otherwise made available by
title V under the heading ``global environment facility'' is
hereby reduced by $106,763,000.

Mr. COBURN. Madam President, I have three amendments that I will
discuss in a group, and I believe one of them will be accepted by the
majority and ranking member, and that is an amendment creating
transparency at the World Bank on the malaria program. I will spend a
very short time talking about that.
What we know is we have seen in the last 2\1/2\ years a tremendous
change--much of it thanks to the chairman of this committee in terms of
transparency and in working with us on the malaria program--but we have
seen a change from using the wrong medicines, the wrong techniques, and
the wrong prevention techniques. We have 2 million people a year in
Africa die from a preventable, curable, treatable disease.
Not long after I came to the Senate, myself along with Norm Coleman
and other people who have done great work--and Senator Brownback as
well--on malaria, as well as the chairman, what we saw was an
ineffective program. The President had a malaria initiative--PMI--and
it was set out and peer-reviewed--scientific data to approach this
disease from both prevention and treatment. What we saw at the World
Bank was a failed $500 million program and an attempt at another
program for which there is no transparency. But the reports from the
scientific literature Lancet, the greatest medical periodical from the
British, had a devastating article outlining the fact that the World
Bank continues to use drugs that don't treat, drugs that have
resistance, it does not do preventive indoor spraying, does not
distribute on a free basis bed netting--the three significant,
consistent ways in which we treat African malaria, as well as the way
we treat it throughout the rest of the world.
So I want to thank them in advance for doing that. This simply says
that the World Bank has to be transparent with what they are doing on
malaria.
What we know is the World Health Organization has also changed
significantly. We are going to see hundreds of millions of people's
lives markedly changed through an appropriate drug treatment prevention
strategy for malaria. Of those 2 million people who die every year, 500
million of them are 5 years of age and under--I mean 500,000. Five
hundred thousand are pregnant women. There are another 500,000 children
who are permanently brain damaged from malaria. If we are going to help
in foreign aid, then it ought to be effective foreign aid. So I thank
the chairman and ranking member for their consideration on that.
The next amendment I would like to bring up talks about having some
transparency with the $5.3 billion we send to the United Nations every
year. This body, as well as the House, unanimously passed transparency
and accountability for our own Government and our own agencies. We are
going to see this next January where everything in this country where
the taxpayers' money is spent is going to be online and available for
taxpayers, peer-reviewed looks, watchdog groups, as well as the press
to see how we are spending money.
What this amendment does is it ensures that the U.S. contribution to
the United Nations is not being wasted to fraud, which we have seen
multiple times at the United Nations--waste, abuse, corruption, which
we have seen and which has been documented--by maximizing the public
transparency of all U.N. spending or our contribution thereof. This
amendment says that the Secretary of State certify publicly that the
United Nations is publicly transparent about its spending this year,
before any of the money we are going to send to the United Nations next
year is sent. The basic transparency required by this amendment would
include a posting on a publicly available Web site of copies of all
contracts, grants, program reviews, audits, budgets, and progress
reports relating to fiscal year 2007.
There are a lot of reasons the U.N. should be accountable and
transparent, the first of which--and I won't go into a lot of details--
is the Oil for Food Program where $10 billion was mismanaged, stolen,
and fraudulently used in a way that was totally unaccountable, to the
detriment of the people of Iraq. As of this time, there have been eight
guilty pleas, two guilty verdicts, two agreements of forfeiture
judgments, and nine pending cases. There are also fugitives from the
corruption of that.
The U.N. to this day refuses to fully and publicly release the Oil
for Food Program's contracts and financial documents. Some people will
say: Well, you can't force this on the U.N.
(Mrs. BOXER assumed the Chair.)
Mr. COBURN. There is not an accountability that we can require.
We are the largest contributor to the United Nations. We have a
requirement and a responsibility to the people of this country to make
sure that money is well spent. The easiest way to make sure money is
well spent and properly spent is for it to be transparent and available
to the people who are making these contributions.
The second reason we should be concerned about how the U.N. spends
money is procurement fraud. Last year, former U.S. Ambassador to the
U.N. John Bolton testified to the Federal Financial Management
Subcommittee that of the $1 billion in U.N. peacekeeping contracts that
were audited--they didn't audit all of them but just the first $1
billion that they audited--a third was found to be lost to waste and
fraud and corruption. The U.N. refused to release this audit, even to
Secretary Bolton, our representative at the U.N; however, he was able
to secure a leaked copy of it. What that $1 billion represents in terms
of waste, fraud, and abuse is our entire contribution to peacekeeping.
For all the money we pay for worldwide peacekeeping through the U.N.,
what we can extrapolate from this audit is that our entire contribution
was wasted.
There is an even more worrisome program at the U.N. called the United
Nations Development Program. What we know over the last 10 years is
that over $100 million has been funneled inappropriately, fraudulently,
and without any oversight to North Korea for things which it should not
have gone. Ten million dollars, at least, was transferred in cash
directly to the leaders of the North Korean regime. We know some of
that cash was used to purchase homes in Europe and Canada. The Chicago
Tribune reported there was evidence that they deposited cash into the
same account that North Korea used to buy ballistic missiles. The
United Nations Development Program refuses to allow our own
investigators from our own Government to audit and review its financial
information. It refuses, despite the United States sitting on the UNDP
Executive Board and being the largest contributor to the UNDP budget.
Basic transparency--the idea that we give money and they spend money
to accomplish good in the world--can only be effective if we know where
the money is spent and how it is spent. The idea to have the U.N.
transparent will protect against future scandals.
One of the things that bothers me the most about this and our
contribution is the fact that the U.N. refuses to be transparent with
the money we give them. Every domestic agency, every government program
in this country is required to provide this body detailed financial
information, program reviews, audits, and budgets. According to OMB, we
spend an excessive $5.3 billion of the taxpayers' money on the United
Nations, but despite repeated

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requests by Ambassador Bolton, by congressional committees, by
oversight committees, by committees on investigation, the U.N. refuses
to make available information as to how it spends its money, make its
audits available, program reviews available, or any other financial
data available to the Congress or the world at large or the public in
this country.
The only way we have been able to find out what we have been able to
find out is that documents have been leaked. This amendment matters.
The reason it matters is that every dollar lost to U.N. corruption is
one less dollar that can save the life of an African child, one more
dollar that could efficiently prevent violence around the world. Just
in what we know on UNDP waste and fraud last year, 20,000 lives could
have been saved in Africa from HIV. Or take the country of Uganda,
plagued by civil war, and epidemics, and other things; according to the
World Bank, their whole GDP was less than what we have wasted.
Think about the impact we could have. Some will say the U.N. has a
procurement Web site where information on all contracts that are
granted is posted. They didn't have that until 2\1/2\ years ago when we
started pushing. It only shows a very small percentage of moneys. It is
not thorough or comprehensive. It is controlled by the U.N. Secretariat
and not all the other agencies under the U.N. So we don't get a look at
how our money is spent at the U.N.
This is an amendment that has real teeth. This says what is good for
our country in terms of how we spend our money, making it publicly
available and transparent to hold us accountable, ought to apply to the
U.N.
Madam President, I will talk for a moment about amendment No. 2716.
This is a straightforward amendment that moves money around in this
appropriations bill. I think we can make a great case for why we ought
to do it. What this amendment does is divide and take away money from
the global environment facility, which is run by the World Bank but
managed by the United Nations, which has been found to be totally
failing in both what it is trying to accomplish and also measuring the
results of what it accomplishes. We redirect that money into the
President's malaria initiative--$30 million--to bring it up to what
they requested. It is a highly successful program that is done right.
It is one of our best foreign programs. It has metrics, measurements,
accountability, and results-based, oriented goals that can be measured
and quantified. It takes and puts the remainder of that money, $76.67
million, into other lifesaving programs in the child survival and
maternal health programs, the global environment facilities in the
World Bank, administered by the UNDP, for which grants and contracts
are awarded for the purpose of addressing or preventing harm caused by
manmade climate change.
The Office of Management and Budget has audited or looked at this,
and there are no results they can demonstrate; there is no direction in
terms of the grants or no evaluation of the grants. They said it is
failing to prevent any environmental damage, based on what they have
seen. It hasn't mitigated any that are already there. It agreed with
the United States in 2002 to implement performance guidelines. It
agreed to those. Yet it has done nothing in the last 5 years to meet
the required agreement with our Government. It doesn't allocate its
funds based on performance or environmental benefit. In other words,
there is no relationship between getting the result and the money that
was spent. It lacks any significant anticorruption guidelines. We know
it is there as well. Yet they refuse to agree to these things our
Government has asked for. It is another mismanaged program by the UNDP.
What does the effect of moving this money to other areas mean? What
we know is that, with the President's malaria initiative, we are fast
on our way to solving this dread disease in Africa, this preventable
disease in Africa. We are gearing up the focus countries with a plan to
expand that. By not funding this at the expected level, or the level
that was requested, it means two or three more countries are not going
to have the right drugs for malaria. They are not going to have the
residual training. They are not going to have the trained staff with
which to do that properly. We are not going to have long-term bed
netting available for all these families, which is more important. Two
million people in Africa are dying from malaria or an ineffective
program that is not accomplishing its goals even though it has a great
name?
This amendment simply moves the money around to a way in which we
help children, help refugees, and we help fight the battle against
malaria in Africa. I hoped the President's malaria initiative would
have been fully funded. This will fund it and allow us to expand the
most successful foreign aid program we have, in terms of fighting
disease. I hope we have consideration of that amendment. I will ask for
a vote if it is not going to be accepted by the chairman and ranking
member.
Mr. LEAHY. Will the Senator yield?
Mr. COBURN. Yes.
Mr. LEAHY. Mr. President, I ask unanimous consent that at 5:45 p.m.
today, whatever is pending be set aside and the Senate proceed to vote
in relation to the following amendments in the order listed, with no
second-degree amendments in order to the amendments prior to the vote;
that prior to each vote there be 2 minutes of debate equally divided
and controlled in the usual form; that after the first vote in
sequence, the other votes, if they require a rollcall, be limited to 10
minutes each: the Ensign amendment No. 2700, Lieberman amendment No.
2691, Brownback amendment No. 2707, Boxer amendment No. 2719, and the
Brownback amendment No. 2708.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. LEAHY. Mr. President, I thank the Senator from Oklahoma, and I
yield the floor.
The PRESIDING OFFICER (Mr. Whitehouse). The Senator from Oklahoma is
recognized.
Mr. COBURN. Mr. President, the next amendment I want to spend some
time on has been in the news of late. The Global Fund initiative has
been a very important tool in terms of fighting HIV, TB, and malaria,
which are the three significant diseases around the world that are
limiting progress, health, life, and sustainability for many people
throughout the world.
What this amendment does is eliminate the secrecy of the operation of
that group. I am not highly critical of discretionary spending to
accomplish a goal, but I am highly critical of not having transparency
on where money goes. We can do that in a way that protects
whistleblowers and in a way that satisfies the American public that if
we are going to send their money overseas, we know exactly what it is
spent on and how it is spent.
This is a very simple amendment. It conditions 20 percent of our
contributions to the Global Fund, which is significant, on
certification by the Secretary of State that the Global Fund has made
all the financial and programmatic documents available to the public on
a Web site. That says if you are going to spend $100 million on a drug,
put it on a Web site and say whether you competitively bid it, and here
is what we paid for it. If you paid a consultant, say here is how much
we paid them for it. It is the American taxpayers' money.
I think it is significant that the total amount of money contributed
to date for the Global Fund, which I support, has been $2.9 billion. If
we follow both what the committee or the Senate happened to do, we are
going to have that above $6 billion at the end of next year; $6 billion
is a significant amount of money. What the global fund says is they
have an Inspector General and that we don't need this. The problem is
that Inspector General reports are good only if the people who have
decisionmaking capability on the funding get to see those reports. The
board at the Global Fund doesn't even get to see the reports. As a
matter of fact, the IG of the Global Fund recently retired over the
controversy of his IG report that was very critical of the management
of the Global Fund.
The answer to accountability is transparency in what we do. This is a
straightforward amendment that conditions only 20 percent of the
money--less than the increase of what we will be funding with the
Global Fund--by saying you have to become transparent, you have to
become accountable, and it has to be accessible. It is

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simple. We will get better value for the dollars we contribute to the
Global Fund if, in fact, we adopt this amendment.
The other thing that will happen is more people will have lifesaving
treatments or preventive strategies applied to them if we have
transparency and accountability.
All of the amendments we have talked about today are essentially
about transparency. It is about if we are going to send American money
into foreign places through independent agencies, separate from our own
Government, we ought to know how that money is spent. It is
straightforward. All of us would do the same thing as we give our
money--we look at church budgets and we look at nonprofits' budgets
when we contribute to them, and we find out how they are spending their
money. We have independent reporting in this country on nonprofits on
how they spend money and how much percentage on overhead and whether
they waste money. So all these amendments are about accountability--
accountability through transparency. I admit they have some teeth. But
we are not going to be accountable for the American taxpayers' dollars
unless we apply enough pressure to get transparency so we know where
the American taxpayers' dollars are going.
I also want to submit for the Record a copy of a whistleblower
conversation at UNDP, associated with one of the other amendments. I
ask unanimous consent that it be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

To: Mr. Robert Benson, Chief, Ethics Office, United Nations.
From: Mr. Mathieu Credo Koumoin, Ph.D.
Re: request for ethics review of my dismissal through whistle
blowing retaliation review and protection from
retaliation.
Date: September 4, 2007.
I am a former UNDP staff member (dismissed as of December
31st, 2006) with a case pending before the Joint Appeals
Board (JAB acceptance letter dated February 15th, 2007).
Prior to my joining UNDP/GEF on a leave of absence from the
African Development Bank where I served for 3 years as a
Senior Public Utilities Economist, I was an Energy Economist
with the World Bank in Washington, DC for 6 years. As of
December 31st, 2007 when I was dismissed and including my
academic/teaching and Research experience as a Mellon
Research Fellow from the University of Pennsylvania,
(Philadelphia, Pennsylvania, USA) I have 16 years of
International Development experience from the World Bank, the
AfDB and UNDP-GEF combined.
Following my initial success within UNDP-GEF and to avoid a
perception of conflict of interest, I was encouraged by UNDP
to resign my position with the AfDB in December 2005 only to
be announced on March 23rd, 2006 that my contract would not
be renewed when it expires in June 30th, 2006 on performance
grounds. This, despite the fact that: (i) the performance
review which had barely started was not complete; (ii) I
received very satisfactory reviews on my performance at mid-
term based on both the volume and the substantive quality of
my projects (see attachment); (iii) was warmly congratulated
by my line supervisor and even promised a promotion to D1 if
the Program Executive Coordination would sign off (see
attachment); (iv) received strong endorsement from GEFSEC
Secretariat on all of my Project submissions to GEF Council
which captured 85% of the entire Climate Change market niche
in Sub-Saharan Africa; ahead of all other competing GEF
Implementing Agencies; and (v) received a formal written
promise of being kept on board by the Executive Coordinator
around mid-term review prior to the strong procurement
battles and pressures (see attachment).
The totality of the above set of circumstances led me to
resign my position with the AfDB in December 2005 to ensure
that my effectiveness within UNDP-GEF would not be undercut
by the sizable co-financing expected from the AfDB;
particularly as my line supervisor--subsequently--formally
apologized to me for pressing me beyond the breaking point on
the contract procurement and funds re-direction issues in
November 2005.
I have attached to this request for review prima-facie
evidence supporting that I was under tremendous pressure from
my line Management to re-direct funds and carry out sole-
source contracting to UNIDO (based in Vienna), and IEPF
(Francophone Institute of Energy and Environment based in
Quebec-Canada), and tried to bring these problems to the
attention of higher officials (see attachment). It is
important to note that, in my best professional judgment, the
activities requested by my line Management violated basic
rules of UN/UNDP procurement with respect to transparency,
competition and accountability, as the African countries for
which the funds were intended in the first place were being
left in the dark, and the project documents approved by GEF
Council were quite clear along with the initial project
concept review sheet from GEFSEC which ruled that IEPF was
not eligible to execute or implement the GEF African
Microhydro Project on behalf of beneficiary African
countries. As vividly illustrated in the enclosed annexes, my
resistance to the above pressure is thoroughly documented
along with my Supervisor's insistence and ultimate apologies
(see attachment) only when he decided to fire me in
retaliation for my stubborn rejection of a sole sourcing
scheme to award IEPF together with UNIDO UNDP contracts from
my Regional African Microhydro project. The sole sourcing
scheme being forced upon me by my supervisors at the expense
of Africa-based regional economic commissions as clearly
stipulated in the GEF Council approved project documents was
the only bone of contention with my Management. For my
whistle blowing efforts and because I had the courage to
bring these issues to the attention of the Administrator and
other higher up officials, I was fired without due process
and have been unable to find work; in part as a direct result
of damaging references from UNDP and in part as a result of
the on-going legal process.
On the basis of the above along with the pieces of evidence
attached, in absence of an Ethics Office within the UNDP, and
of a functional whistleblower policy as well as independent
internal control and oversight mechanisms, I believe that I
deserve to have my case reviewed by the United Nations Ethics
Office, which is the only one mechanisms established and
recognized by UN Member States, equipped to provide internal
administrative review and protection from retaliation and I
am so requesting.
I look forward to your kind attention and consideration.
Should you require further information you can contact me
directly or my legal counsel.

Mr. COBURN. This outlines the fact that in the Global Fund, UNDP has
true corruption in terms of directing how the money is spent to their
friends, not the people who can actually do the work or not those who
are best suited for the work, but rather at the whim of a friend of
somebody working at UNDP. It is very revealing.
What is even more revealing is that UNDP refused to accept a U.N.
ethics office and so, therefore, the whistleblower at UNDP doesn't even
have the protections of other people at the United Nations. So we have
an individual who was doing a great job, but because he reported and
refused to send money to somebody not capable of doing a job, not
capable of performing with a good portion of our taxpayers' money, he
gets fired. That is the kind of transparency we need to have at the
UNDP and at the Global Fund.
It is my hope the Members of this body will seriously consider that
we ought to be applying the same standards to where we send money
outside of our Government that we are now applying to our Government.
It is my hope that I will have the consideration of the ranking member
and the chairman in supporting these amendments.

Amendment No. 2705 Withdrawn

Amendment No. 2773

I ask unanimous consent to withdraw amendment No. 2705 and call up
amendment No. 2773. Amendment No. 2705 is one of the en bloc amendments
and it is the wrong number. I wish to replace it with amendment No.
2773.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report.
The legislative clerk read as follows:

The Senator from Oklahoma [Mr. Coburn] proposes an
amendment numbered 2773.

Mr. COBURN. 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 ensure that the United States contribution to the United
Nations is not being lost to waste, fraud, abuse or corruption by
maximizing the public transparency of all United Nations spending)

On page 410, between lines 15 and 16, insert the following:

TRANSPARENCY AND ACCOUNTABILITY OF THE UNITED NATIONS

Sec. 699B. (a) Notwithstanding any other provision of this
Act, none of the funds appropriated or otherwise made
available by this Act may be used by the Department of State
as a contribution to the United Nations or any subsidiary
body of the United Nations, including any organization that
is authorized to use the United Nations logo, until the
Secretary of State certifies that the United Nations, such
subsidiary body of the United Nations, or such organization,
as the case may be, is fully and publicly transparent about
all of its spending, including for procurement purposes, that
occurred during fiscal year 2007, including the posting on a
publicly available web site of--
(1) copies of all contracts, grants, subcontracts, and
subgrants awarded or utilized during fiscal year 2007;
(2) copies of all program reviews, audits, budgets, and
project progress reports relating to fiscal year 2007; and

[[Page S11190]]

(3) any other financial information deemed necessary by the
Secretary.
(b) The documents required to be made available under
subsection (a) shall be in unredacted form, except that such
information as determined necessary by the Secretary to
protect the identity of whistleblowers or other informants to
investigations and reports and proprietary information may be
redacted.

Mr. GREGG. Mr. President, we are going to begin voting in about 15
minutes. The Senator from Oklahoma has offered a series of amendments.
I happen to be in great sympathy with the basic thrust of these
amendments. They are basically trying to make these programs which
address disease more efficiently delivered and have better oversight
with more transparency. They are legitimate proposals.
I hope as we participate in this voting sequence we can work with the
Senator and come to an agreement on most of these amendments because I
do believe the thrust of them is the correct direction to go, which is
to demand transparency and to make sure the money we are spending gets
where it is supposed to go and make sure, especially in the area of the
malaria and HIV battles which we have in Africa, that we are using
these funds efficiently and that the right medicines are being
delivered.
I appreciate the Senator's proposals. Hopefully, as we proceed with
these amendments--I know the chairman feels this way and I certainly
feel this way. I believe we should wrap this bill up tonight. We can
wrap it up tonight if Members will tell us how they want to handle
their amendments. We are ready to vote on them. If they want to vote on
them, we will vote on them. We do need to get some Members to come
forward. They have offered their amendments, filed their amendments,
and they should tell us specifically how they want to handle those
amendments so we can complete the process of passing this legislation,
which is important and should be moved forward.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. ENSIGN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 2700

Under the previous order, there will now be 2 minutes of debate
equally divided prior to a vote in relation to amendment No. 2700
offered by the Senator from Nevada.
The Senator from Nevada.

Amendment No. 2700

Mr. ENSIGN. Mr. President, this amendment is very simple. Instead of
raising the percentage of money that the United States pays for U.N.
peacekeeping from 25 percent, the current level the last couple of
years, to 27.1 percent, my amendment would strike that and keep it at
25 percent.
We have read about the atrocities U.N. peacekeepers have committed
across the world. There are many reforms the United Nations needs to
do. When the Democrats were in control, with President Clinton, they
lowered it from 31 percent to 25 percent as the percentage we would
pay. I actually believe it should be lower, but it should not be raised
from 25 percent to 27.1 percent.
We should continue to put pressure on the United Nations to do the
desperately needed reforms at the United Nations and not send the
precious tax dollars the American taxpayers send to us to be wasted at
the United Nations.
Mr. President, I yield the floor.
Mr. LEAHY. Mr. President, both Senator Gregg and I will oppose this
amendment. In doing so, we are supporting President Bush's number on
these dues. The fact is, we can't ask the U.N. to carry out
peacekeeping missions unless we pay our dues.
For example, this Congress pushed very hard to have the U.N. do a
peacekeeping mission in Darfur just last month. After we pushed for
that, they agreed to it. Now we have to do what our own Ambassador
says, what President Bush has said, and what the Secretary of State has
said: We have to pay our share of peacekeeping operations.
I would hope Senators will join with the distinguished ranking member
and myself and oppose this amendment by voting no.
Mr. President, have the yeas and nays been ordered?
The PRESIDING OFFICER. The yeas and nays have been ordered.
Mr. LEAHY. I am voting no and actually supporting the administration
on this position.
The PRESIDING OFFICER. All time has now expired. The question is on
agreeing to amendment No. 2700.
The clerk will call the roll.
The bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden),
the Senator from New York (Mrs. Clinton), the Senator from Connecticut
(Mr. Dodd), the Senator from Arkansas (Mrs. Lincoln), and the Senator
from Illinois (Mr. Obama), are necessarily absent.
I further announce that, if present and voting, the Senator from
Delaware (Mr. Biden) would vote ``nay.''
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Idaho (Mr. Craig) and the Senator from Arizona (Mr. McCain).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 30, nays 63, as follows:

[Rollcall Vote No. 317 Leg.]

YEAS--30

Allard
Barrasso
Bennett
Bond
Brownback
Bunning
Burr
Chambliss
Coburn
Cornyn
Crapo
DeMint
Dole
Ensign
Enzi
Graham
Grassley
Hatch
Hutchison
Inhofe
Isakson
Kyl
Lott
Murkowski
Nelson (NE)
Roberts
Sessions
Shelby
Thune
Vitter

NAYS--63

Akaka
Alexander
Baucus
Bayh
Bingaman
Boxer
Brown
Byrd
Cantwell
Cardin
Carper
Casey
Cochran
Coleman
Collins
Conrad
Corker
Domenici
Dorgan
Durbin
Feingold
Feinstein
Gregg
Hagel
Harkin
Inouye
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lugar
Martinez
McCaskill
McConnell
Menendez
Mikulski
Murray
Nelson (FL)
Pryor
Reed
Reid
Rockefeller
Salazar
Sanders
Schumer
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Tester
Voinovich
Warner
Webb
Whitehouse
Wyden

NOT VOTING--7

Biden
Clinton
Craig
Dodd
Lincoln
McCain
Obama
The amendment (No. 2700) was rejected.
Mr. LEAHY. Mr. President, I move to reconsider the vote.
Mr. CARDIN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 2691

Mr. LEAHY. I ask unanimous consent that the yeas and nays be vitiated
on the next amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LEAHY. And the amendment be accepted.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 2691) was agreed to.

Amendment No. 2707

Mr. LEAHY. I think the next amendment is 2707.
The PRESIDING OFFICER. Under the previous order, there will now be 2
minutes of debate equally divided prior to a vote in relation No. 2707,
offered by the Senator from Kansas.
Mr. GREGG. Can we have order, please.
The PRESIDING OFFICER. The Senate will be in order.
The Senator from Kansas is recognized.
Mr. BROWNBACK. Mr. President, this amendment simply reinstates the
Kemp-Kasten language that has been part of U.S. policy for 25 years. I
will read the amendment:

. . . none of the funds made available in this Act nor any
unobligated balances from prior appropriations may be made
available to any organization or program which, as determined
by the President, supports, or participates in the management
of, a program of coercive abortion or involuntary
sterilization.

[[Page S11191]]

All we are saying with this amendment is no U.S. funds for coercive
abortion or forced, involuntary sterilization. I hope everybody in the
body would be opposed to forced abortion, whether you are pro-life or
pro-choice, and opposed to involuntary sterilization. These are things
which have no place in U.S. policy and funding by U.S. Government
agencies. If this is part of the bill, the bill will be vetoed, and it
is bad policy and it is a bad idea and it is morally reprehensible.
I hope all my colleagues will vote for amendment No. 2707 and oppose
forced abortion and forced sterilization.
I yield the floor.
The PRESIDING OFFICER (Mr. Nelson of Florida). The Senator from
Vermont is recognized.
Mr. LEAHY. Mr. President, no one, no one supports forced abortion or
forced sterilization. Let's be honest about that. What this is, there
is a provision in the U.S. law called the Kemp-Kasten amendment. It is
designed to ensure that U.S. Government funds do not go to
organizations engaged in coercive abortion or involuntary
sterilization. We all support that. But the law has been construed
differently by the White House to deny funds to the UNFPA because it is
a program in China. The irony is they are trying to give alternatives
to abortion. They are trying to give alternatives to forced
sterilization. If we agree to this amendment, then what we are saying
is we will turn our backs on the most populous nation on Earth, a
country that is rapidly becoming the largest contributor to global
warming, and we will not support a program that will give them
alternatives to abortion and forced sterilization.
I oppose the amendment.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
2707.
Mr. BROWNBACK. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second? There is a
sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden),
the Senator from New York (Mrs. Clinton), the Senator from Connecticut
(Mr. Dodd), the Senator from Arkansas (Mrs. Lincoln), and the Senator
from Illinois (Mr. Obama), are necessarily absent.
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Idaho (Mr. Craig) and the Senator from Arizona (Mr. McCain).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 48, nays 45, as follows:

[Rollcall Vote No. 318 Leg.]

YEAS--48

Alexander
Allard
Barrasso
Bennett
Bond
Brownback
Bunning
Burr
Casey
Chambliss
Coburn
Cochran
Coleman
Conrad
Corker
Cornyn
Crapo
DeMint
Dole
Domenici
Ensign
Enzi
Graham
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Isakson
Kyl
Landrieu
Lott
Lugar
Martinez
McConnell
Murkowski
Nelson (NE)
Roberts
Sessions
Shelby
Smith
Stevens
Sununu
Thune
Vitter
Voinovich
Warner

NAYS--45

Akaka
Baucus
Bayh
Bingaman
Boxer
Brown
Byrd
Cantwell
Cardin
Carper
Collins
Dorgan
Durbin
Feingold
Feinstein
Harkin
Inouye
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Lautenberg
Leahy
Levin
Lieberman
McCaskill
Menendez
Mikulski
Murray
Nelson (FL)
Pryor
Reed
Reid
Rockefeller
Salazar
Sanders
Schumer
Snowe
Specter
Stabenow
Tester
Webb
Whitehouse
Wyden

NOT VOTING--7

Biden
Clinton
Craig
Dodd
Lincoln
McCain
Obama
The amendment (No. 2707) was agreed to.
Mr. BROWNBACK. Mr. President, I move to reconsider the vote and I
move to lay that motion on the table.
The motion to lay on the table was agreed to.

amendment No. 2719

The PRESIDING OFFICER. Under the previous order, there will now be 2
minutes of debate equally divided prior to a vote in relation to
Amendment No. 2719 offered by the Senator from California.
The Senator from California is recognized.
Mrs. BOXER. Mr. President, I offer this amendment on behalf of myself
and Senator Snowe. I ask for the attention of colleagues because
women's lives are on the line. The Senate has twice passed this
amendment which overturns the Global Gag Rule, otherwise known as the
Mexico City policy.
Colleagues, I wish to tell you a story, a compelling story of what
happened in Nepal in 2001. A little 13-year-old girl was raped in Nepal
by her uncle. A family member took her for an abortion.
Under the laws of Nepal, they sentenced that little girl to 20 long
years in jail. Because a family planning agency helped her and because
that family planning agency in Nepal, an NGO, spoke out on behalf of
changing the laws that put a little girl in jail and let the uncle
free, America withheld its funds. That is shameful. It is wrong. Please
help me overturn this Mexico City global gag rule.
The PRESIDING OFFICER. Who yields time?
The Senator from Kansas.
Mr. BROWNBACK. Mr. President, if the Senator from California is
accurate on what she stated--and I don't have any doubt she is--why
don't we fund groups that support groups that are for women's rights
but not ones that support abortion. The Mexico City language--and it
has done this since Ronald Reagan was President--said: We will not use
U.S. taxpayer funding to fund abortions overseas. We won't support
groups that fund abortions overseas. You can be pro-choice and say: I
think that makes sense, because I don't think we should use taxpayer
funding to support abortion or to promote abortion policies overseas.
We should let them decide this deeply moral subject that is a very
difficult subject in our country, let alone in places around the world.
I urge my colleagues to vote against the Boxer amendment. We don't need
to do this. I respect the Senator from California, but I believe there
are better places for us to use taxpayer funding than to fund abortions
or groups that are promoting abortion overseas. It is a tough enough
issue here. I urge Members to vote no.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
2719.
Mrs. BOXER. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden),
the Senator from New York (Mrs. Clinton), the Senator from Arkansas
(Mrs. Lincoln), and the Senator from Illinois (Mr. Obama) are necessary
absent.
I further announce that, if present and voting, the Senator from
Delaware (Mr. Biden) would vote ``yea.''
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Idaho (Mr. Craig) and the Senator from Arizona (Mr. McCain).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 53, nays 41, as follows:

[Rollcall Vote No. 319 Leg.]

YEAS--53

Akaka
Baucus
Bayh
Bingaman
Boxer
Brown
Byrd
Cantwell
Cardin
Carper
Casey
Collins
Conrad
Dodd
Dorgan
Durbin
Feingold
Feinstein
Harkin
Inouye
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
McCaskill
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Pryor
Reed
Reid
Rockefeller
Salazar
Sanders
Schumer
Smith
Snowe
Specter
Stabenow
Stevens
Tester
Warner
Webb
Whitehouse
Wyden

NAYS--41

Alexander
Allard
Barrasso
Bennett
Bond
Brownback
Bunning
Burr
Chambliss
Coburn
Cochran
Coleman
Corker
Cornyn
Crapo
DeMint
Dole
Domenici
Ensign
Enzi
Graham
Grassley
Gregg
Hagel

[[Page S11192]]

Hatch
Hutchison
Inhofe
Isakson
Kyl
Lott
Lugar
Martinez
McConnell
Nelson (NE)
Roberts
Sessions
Shelby
Sununu
Thune
Vitter
Voinovich

NOT VOTING--6

Biden
Clinton
Craig
Lincoln
McCain
Obama
The amendment (No. 2719) was agreed to.
Mr. REID. Mr. President, I move to reconsider the vote, and I move to
lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. The majority leader is recognized.
Mr. REID. Thank you, Mr. President. We have had a very productive
day. We have two of our finest managers on this legislation, Senator
Leahy and the Senator from New Hampshire, Judd Gregg. I always get the
names turned around. It should be ``Gregg Judd.'' Anyway, the end is in
sight.
We have a number of amendments that are still pending. We have a
number of amendments offered by one Republican Senator. We will accept
those amendments. The problem if he demands votes on these amendments
and we have other amendments that come forward--I would hope there
would be some consideration given to that.
We are at a point now where we have had a number of Senators who have
been looking over in detail the managers' package. We should be able to
complete this bill very quickly. The point I am making is, we are going
to finish this bill tonight whether there are four votes or however
many votes it takes. I would hope we could do this. We have been
meeting with Senator Kennedy and Senator Enzi to see if we can work
something out on reconciliation. That should be able to be completed
likely not tonight, but I think we could do it sometime early in the
morning. But we are going to finish this appropriations bill tonight.
I have had this conversation with the distinguished Republican
leader. He knew I was going to make this brief statement. So I would
hope everyone would understand where we are. We have had a very
productive few days. This would be a good way to end the week. I look
forward to completing this legislation as soon as possible tonight.

Amendment No. 2708

The PRESIDING OFFICER. Under the previous order, there will now be 2
minutes for debate equally divided prior to a vote in relation to
amendment No. 2708, offered by the Senator from Kansas.
The Senator from Kansas is recognized.
Mr. BROWNBACK. Mr. President, this is a simple amendment. It
reinstates what U.S. policy has been since 1984. It was repealed under
the Clinton administration and then brought back in, and it is simply
that the United States would not fund abortions or groups that promote
abortions overseas.
I wish to make one quick note to individuals. There is a new term
that has entered into the lexicon, and it is called ``gendercide.'' It
is in countries where abortion is being forced and promoted, where they
are now having male-female ratios where the girls are being killed in
utero because they are girls. It is called ``gendercide.'' I do not
think it is a policy or something we should be any part of.
This amendment simply reinstates U.S. policy that we will not be
involved in countries promoting abortion policies or promoting abortion
with our taxpayer dollars. I ask my colleagues to vote aye on this
amendment.
The PRESIDING OFFICER. Who yields time?
The Senator from California.
Mrs. BOXER. Mr. President, colleagues, if you voted to repeal the
global gag rule, then the obvious way to vote on this amendment is no.
What the Senator is trying to do is to strip a very simple thing out
of the bill, which says that we are not going to deny contraceptives to
family planning groups simply because they do not toe the line with the
global gag rule. If you voted with us to do away with the global gag
rule, you certainly would vote to do away with this amendment.
Why would we deny contraception to families who need it desperately?
It would be a terrible vote to vote aye on this amendment because you
are consigning a lot of women to abortion, and we do not want to do
that. We want to get them contraception. So if you believe in family
planning, this is a very clear ``no'' vote on the Brownback amendment.
I thank my colleagues very much.
Mr. LEAHY. Mr. President, I want to commend Senator Boxer for her
leadership on this issue of such importance to the health of the
world's poorest women.
On his first day in office in January 2001, President Bush, by
executive order, with no prior consultation with Congress, reinstated
the controversial Mexico City policy on international family planning.
The President explained his decision with these words:

It is my conviction that taxpayer funds should not be used
to pay for abortions or advocate or actively promote
abortion, either here or abroad. It is therefore my belief
that the Mexico City policy should be restored.

If U.S. law did, in fact, permit taxpayer funds to be used to pay for
or promote abortions overseas, then the President might have had a
point. But our law does not allow that. Our law explicitly prohibits
any U.S. funds from being used for abortion or to promote abortion.
That is the settled law of the United States. It was passed by the
Congress and signed into law by President Clinton. It is something we
have all supported. In fact, it has been the law for as long as I can
remember, even during past administrations. It is already against the
law to use taxpayer funds for purposes related to abortion. Somebody
should have told that to President Bush.
In fact, the Mexico City policy, which he reinstated and has
maintained ever since, goes much, much further. Many have called it a
``global gag rule.'' It prohibits taxpayer funds from being used to
support private family planning organizations, if they use even one
dollar of their own private funds--not taxpayer funds, but private
funds--to provide advice, counseling, and information about abortions,
and to advocate for safe abortion practices in countries where tens of
thousands of women suffer injuries or die from complicatlons from
unsafe abortions.
If we tried to impose the Mexico City policy on any family planning
organization within our borders, it would violate the first amendment.
But we impose it on those same organizations when they work overseas
beyond the reach of our Constitution.
Proponents of the Mexico City policy say that it will reduce the
number of abortions. There is not a shred of evidence to support that
illogical argument. The reality is the opposite. The International
Planned Parenthood Federation, which is cut off from U.S. Government
support because of this policy, used every U.S. tax dollar it received
in the past to provide voluntary family planning services, like
contraceptives, to couples who lack them. By providing for the first
time modern birth control methods to people in countries where abortion
was the primary method of birth control, the number of abortions goes
down.
I remember the distinguished former Senator from Oregon, Senator Mark
Hatfield, a dear friend of mine, one of the most revered Members of
this body, who became chairman of the Senate Appropriations Committee.
Senator Hatfield was fervently pro-life, opposed to abortion, very
strong in his beliefs. I remember a debate on the Mexico City policy
when he stood here--and he probably said it best. I will quote what he
said:

It is a proven fact that when contraceptive services are
not available to women throughout the world, abortion rates
increase. The Mexico City policy is unacceptable to me as
someone who is strongly opposed to abortion.

Contrary to a lot of the press reports, this issue is about far more
than abortion. It is about protecting the health of women in
desperately poor countries where more than half a million women die
each year from complications relating to pregnancy, and where women
have little control over their own bodies or their lives. We have the
opportunity, at very little expense, to help. Instead--not to save
money but to make a political point--we cut off that help.
The Mexico City policy has been the subject of more political
posturing, more press releases, more fundraising letters, more debates,
more votes, and more Presidential vetoes, than virtually any other
issue I can think of.

[[Page S11193]]

I remember when President Clinton did the right thing by repealing
the Mexico City policy. When he did that, a Republican Congress
responded by sharply cutting funding for voluntary family planning--not
funding for abortions but for voluntary family planning. President
Bush's fiscal year 2008 budget request for family planning does the
same thing. His budget would cut it drastically, contrary to what he
said he would do back in 2001.
The predictable, tragic result would be an increase in the number of
abortions and of deaths of women from botched abortions.
Again, the evidence is indisputable that when family planning
services are available, the number of abortions goes down.
I have traveled to many parts of the world. My wife is a registered
nurse. She has traveled with me. We have seen how bad the situation is.
We have seen how a little help can move women in many parts of the
world generations ahead of where they are today.
That is what the Boxer amendment would do. It would restore U.S.
credibility and leadership on an issue of great importance to global
health, to population growth, to global warming, and to the work of
private organizations to make lifesaving services available to the
world's poorest women.
The PRESIDING OFFICER. All time has expired.
The question is on agreeing to the amendment.
Mr. BROWNBACK. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden),
the Senator from New York (Mrs. Clinton), the Senator from Arkansas
(Mrs. Lincoln), and the Senator from Illinois (Mr. Obama) are
necessarily absent.
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Idaho (Mr. Craig) and the Senator from Arizona (Mr. McCain).
The result was announced--yeas 41, nays 53, as follows:

[Rollcall Vote No. 320 Leg.]

YEAS--41

Alexander
Allard
Barrasso
Bennett
Bond
Brownback
Bunning
Burr
Casey
Chambliss
Coburn
Cochran
Coleman
Corker
Cornyn
Crapo
DeMint
Dole
Domenici
Ensign
Enzi
Graham
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Isakson
Kyl
Lott
Martinez
McConnell
Nelson (NE)
Roberts
Sessions
Shelby
Sununu
Thune
Vitter
Voinovich

NAYS--53

Akaka
Baucus
Bayh
Bingaman
Boxer
Brown
Byrd
Cantwell
Cardin
Carper
Collins
Conrad
Dodd
Dorgan
Durbin
Feingold
Feinstein
Harkin
Inouye
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lugar
McCaskill
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Pryor
Reed
Reid
Rockefeller
Salazar
Sanders
Schumer
Smith
Snowe
Specter
Stabenow
Stevens
Tester
Warner
Webb
Whitehouse
Wyden

NOT VOTING--6

Biden
Clinton
Craig
Lincoln
McCain
Obama
The amendment (No. 2708) was rejected.
Mr. REID. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Sanders). The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Mr. President, I would advise all Senators here that the
majority and minority staffs are working on a unanimous consent
agreement to get us to the end of tonight, which they will get to. In
the meantime, I have something that will alert everyone as to what is
going to happen tomorrow.

Unanimous Consent Agreement--H.R. 2669

Mr. REID. Mr. President, I ask unanimous consent that when the Senate
resumes consideration of the conference report on H.R. 2669--that is
the Education reconciliation--tomorrow at 9 a.m, there be 75 minutes
for debate equally divided between the chairman and ranking member, and
the Senate vote on the conference report at 10:15 a.m. with no
intervening action or debate.
I would say to everyone here that I have talked in some detail to
Senators Kennedy and Enzi about this. When we finish the work on the
Foreign Operations appropriations bill tonight, anyone who wants to
talk about this tonight--that is this, the Education reconciliation
bill--can do that, up to 8 hours and 45 minutes. It will not take that
much time. When we finish the proceedings for this evening, there will
be 75 minutes left tomorrow for debate equally divided between Senators
Enzi and Kennedy on the Education reconciliation bill.
I have had a number of Senators on both sides ask what the schedule
is in the morning. That is it. I ask that this be confirmed.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. REID. Mr. President, I would say that Senators Leahy and Gregg
and their valiant staff are working on something to complete the
Foreign Operations bill. We should have that momentarily. So if
everyone would be patient, we should have that shortly.
Mr. LEAHY. Will the Senator from Nevada yield to me?
Mr. REID. Yes.
Mr. LEAHY. I hope we will do that. In a few minutes, it will be our
intent to begin a series of rollcalls. Apparently, there are a number
of amendments Senator Gregg and I were willing to accept, but the
Senator said he would prefer having rollcalls. That means we will be
here for a few more hours than we needed to be.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. VITTER. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
Mr. REID. I object.
The PRESIDING OFFICER. Objection is heard. The clerk will continue
with the call of the roll.
Mr. VITTER. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. GREGG. Will the Senator yield?
Mr. VITTER. Yes.
Mr. GREGG. I understand the Senator will speak for 5 minutes on an
amendment he intends to offer. Senator Feinstein may come to speak for
5 to 10 minutes on an amendment she wishes to offer on behalf of
Senator Dodd. Then Senator Dole will speak for 5 to 10 minutes on an
amendment she wishes to offer. Hopefully, we can proceed then to vote
on the pending amendments, including the four of the Senator from
Oklahoma, Senator Coburn. That is not a formal unanimous consent
request. It is a hoped-for scenario.

Amendment No. 2774

Mr. VITTER. Mr. President, I ask unanimous consent to set aside the
pending amendment and I call up amendment No. 2774 and I will speak on
that for 5 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report.
The assistant legislative clerk read as follows:

The Senator from Louisiana [Mr. Vitter] proposes an
amendment numbered 2774.

Mr. VITTER. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

(Purpose: To prohibit the use of funds by international organizations,
agencies, and entities that require the registration of, or tax guns
owned by citizens of the United States)

On page 410, between lines 15 and 16, insert the following:

RIGHT TO BEAR ARMS

Sec. 699B. None of the funds made available under this Act
may be made available to any international organization,
agency, or entity (including the United Nations) that
requires the registration of, or taxes a gun owned by a
citizen of the United States.

[[Page S11194]]

Mr. VITTER. Mr. President, this amendment is very simple and
straightforward. In fact, perhaps I should not have waived reading of
it. It is a few sentences. So I will do it myself:

None of the funds made available under this Act may be made
available to any international organization, agency, or
entity (including the United Nations) that requires the
registration of, or taxes a gun owned by a citizen of the
United States.

That is the entire amendment, the entire sum and substance of the
amendment. As such, it is a straight funding limitation amendment,
which has been ruled by the Parliamentarian as completely germane. This
is a version of a full-blown, freestanding bill that I have filed in
the past, specifically last Congress. It was S. 1488. I filed that bill
and had 17 cosponsors.
Many folks who haven't followed the proceedings on this in the U.N.
may ask: What is this all about? Why is this necessary? Unfortunately,
it is about an effort in the United Nations to bring gun control to
various countries through that international organization.
Unfortunately, that has been an ongoing effort which poses a real
threat. This goes back to 1995, when this issue of international gun
control was first put before the U.N. General Assembly. Then, in 2001,
the General Assembly adopted a program of action designed to infringe
on second amendment rights. In fact, from July 11 to 15 they met at the
U.N. in New York City to finalize some agreements on that.
It is of significance that Dr. Rebecca Peters is the new head of that
effort in the U.N. and, in particular, the entity within the U.N. that
leads that International Action Network on Small Arms. That may not be
a household name but perhaps it should be, particularly to second
amendment advocates, because Dr. Peters is the person who led
Australia's massive effort at far-reaching gun control. She has been
very vocal on the subject, debating, for instance, Wayne LaPierre of
the NRA on numerous occasions. Other pro-gun control advocates would
help facilitate procedures within the U.N. program of action that could
very well impact and infringe U.S. citizens' second amendment rights.
Therefore, again, that gets back to the Vitter amendment, which
simply says we are not going to support any international organization
that does that; that requires a registration of U.S. citizens' guns or
taxes U.S. citizens' guns. If other folks in this Chamber think that is
not happening, that it is never going to happen, my reply is simple and
straightforward: Great, then this language has no effect. It is no harm
to pass it as a failsafe. It has no impact. But, in fact, related
efforts have been going on in the U.N. since at least 1995. I hope this
can get very wide, bipartisan support, and I urge all my colleagues to
support this very fundamental, straightforward amendment.
I yield back my time.
The PRESIDING OFFICER. Is there further debate on the amendment?
The Senator from North Carolina is recognized.
Mrs. DOLE. Mr. President, I ask unanimous consent that the pending
amendment be set aside so I may offer an amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 2772

Mrs. DOLE. Mr. President, I call up amendment No. 2772, pending at
the desk, and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.

The Senator from North Carolina [Mrs. Dole] proposes an
amendment numbered 2772.

Mrs. DOLE. Mr. President, I ask unanimous consent that reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

(Purpose: To prohibit funds appropriated under this Act from being
expended in violation of section 243(d) of the Immigration and
Nationality Act)

On page 410, between lines 15 and 16, insert the following:
Sec. 699B. None of the funds made available in this Act
may be expended in violation of section 243(d) of the
Immigration and Nationality Act (8 U.S.C. 1253(d)) (relating
to discontinuing granting visas to nationals of countries
that are denying or delaying accepting aliens removed from
the United States).
Mrs. DOLE. Mr. President, when I visited with sheriffs across North
Carolina over August, one of their main concerns was the lack of
detention space to hold criminal aliens when they are apprehended. It
is unconscionable that our State and local authorities have to struggle
with resources because uncooperative countries fail to take back their
nationals who have been ordered by the courts to be removed from the
United States.
This amendment is simple and is consistent with current law. It
prohibits funds from being expended in violation of section 243(d) of
the Immigration and Nationality Act. In other words, it prevents the
State Department from issuing visas to citizens of countries that
refuse to accept these court-ordered-removed illegal aliens.
During fiscal year 2003, the year for which we have the latest
information, the detention of criminal and non-criminal aliens from the
top eight uncooperative countries that blocked or inhibited their
removal cost the United States over 981,000 detention days and $83
million. The status quo is unacceptable--it is costing much needed
detention space and resources.
I ask unanimous consent that my amendment be laid aside, with the
understanding that the managers will examine my amendment and we will
return to it at a later time.
Mr. LEAHY. Mr. President, will the Senator yield?
Mrs. DOLE. Yes.
Mr. LEAHY. We are willing to have a voice vote on it right now.
Mr. GREGG. I ask unanimous consent for that.
The PRESIDING OFFICER. Is there objection? Without objection, it is
so ordered.
Is there further debate on the amendment?
The question is on agreeing to the amendment.
The amendment (No. 2772) was agreed to.
Mr. GREGG. Mr. President, I move to reconsider the vote and I move to
lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. LEAHY. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 2721

Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that amendment
No. 2774 be set aside and that amendment No. 2721 be called up.
The PRESIDING OFFICER. Without objection, the pending amendment is
laid aside, and the clerk will report.
The assistant legislative clerk read as follows:

The Senator from California [Mrs. Feinstein], for Mr. Dodd,
for himself, Mrs. Feinstein, and Mr. Corker, proposes an
amendment numbered 2721.

Mrs. FEINSTEIN. 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 increase by $10,000,000 the amount appropriated or
otherwise made available by this Act for the Peace Corps, and to
provide an offset)

On page 410, between lines 15 and 16, insert the following:

ADDITIONAL PEACE CORPS FUNDING

Sec. 699B. (a) The amount appropriated or otherwise made
available by title III under the heading ``peace corps'' is
hereby increased by $10,000,000.
(b) The amount appropriated or otherwise made available by
title IV under the heading ``foreign military financing
program'' is hereby reduced by $10,000,000.

Mrs. FEINSTEIN. Mr. President, this amendment by Senator Dodd and
myself increases the funding for the Peace Corps by $10 million for a
total of $333.5 million. This matches the President's request and the
funding level in the House bill. The offset comes from unobligated
foreign military financing funds.
The Peace Corps is one of our most effective and successful foreign
aid programs. Since 1961, over 190,000 Americans, including 25,000 from
my home

[[Page S11195]]

State of California, have served as Peace Corps volunteers in 139
countries. Currently, there are 7,749 volunteers serving in 73
countries.
I am a big fan of the Peace Corps. They are diplomats, and they
restore people's confidence in this country. The Peace Corps also
provides critical education. In fact, approximately 20 percent of the
Peace Corps volunteers today are serving in predominantly Muslim
countries. And at a time when United States prestige is at an all-time
low, Peace Corps volunteers provide a different face of America--one of
compassion, one of care, and one of understanding. This amendment
matches the President's request in the budget. It matches the funding
level in the House. It is offset by unobligated balances. I urge that
the amendment be adopted today.
The PRESIDING OFFICER. The Senator from New Hampshire.
Mr. GREGG. Mr. President, I am certainly in sympathy with the
purposes of the amendment. The Peace Corps is an extraordinary
organization filled with very dedicated and special people who give of
their life, willing to go into the countryside in parts of this world
and help people out, out of their concern for social well-being and the
betterment of others. They are very admirable people. So I support the
number. But the offset is an issue.
I have discussed this issue with Senator Dodd. I have not had a
chance to discuss it with Senator Feinstein. Senator Dodd and I reached
an understanding that we would try to find a better offset in
conference.
With that understanding, I certainly have no objection to this
amendment. I ask that it be approved.
The PRESIDING OFFICER. Is there further debate? If not, the question
is on agreeing to amendment No. 2721.
The amendment (No. 2721) was agreed to.
Mr. LEAHY. I move to reconsider the vote.
Mr. GREGG. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. LEAHY. Mr. President, Senator Gregg and I are trying again to get
a finite number of amendments. I appreciate that we have had two
amendments that could have gone to rollcall votes. We accepted them and
saved time. We have a number of other amendments that fall into that
same category. But I guess as the hour goes on, people want to
demonstrate how good they are, and if we want to accept it, they want a
rollcall vote. I have never been able to figure that out, but that is
their right. Of course, it keeps everybody here beyond the time we
otherwise would have to be here.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. GREGG. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GREGG. Mr. President, while we are waiting to do some
housecleaning and get business in order, I rise to thank the staff of
the majority and the Republican staff on the Foreign Operations
Subcommittee. These folks work very hard. They are totally dedicated to
making sure these funds are effectively used.
The majority staff is led by Tim Rieser, who does an excellent job,
and the Republican staff is led by Paul Grove, who does an equally
excellent job. The Republican team of Michele Wymer and LaShawnda Smith
is a small group, but they are very effective. I know the majority
staff has the same sort of lean organization, and they are very
effective.
Our ability to accomplish our business around here is clearly staff
driven. We depend immensely on them, their abilities, and their
expertise. I thank them all for the great job they do and specifically
thank them for the job they have been doing on this appropriations
bill.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. LEAHY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LEAHY. Mr. President, I ask unanimous consent that the only
amendments remaining in order to H.R. 2764 be the following, and a
managers' amendment which has been cleared by the managers and the
leaders; that there be 2 minutes of debate prior to a vote in relation
to each amendment equally divided and controlled in the usual form;
that no second-degree amendment be in order prior to the vote; and that
after the first vote in the sequence, the vote time be limited to 10
minutes each: Coburn amendment No. 2773; Coburn amendment No. 2716;
Coburn amendment No. 2706; Coburn amendment No. 2704; Cardin amendment
No. 2689; Brown amendment No. 2701; Vitter amendment No. 2774; a Levin
sense of the Senate on Iraq refugees; a Kyl amendment on material
support; a Coleman amendment on UNDP; Obama amendment No. 2692, with a
modification; a Kyl-Leahy sense of the Senate on Egypt; a Bingaman
amendment on UNFPA; that upon disposition of all amendments, the bill
be read a third time, and without further intervening action or debate,
the Senate proceed to vote on passage of the bill.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LEAHY. Mr. President, I ask unanimous consent to amend my
previous consent request to reflect, where I said Kyl material support.
It is Kyl-Leahy material support; and where I said Kyl-Leahy sense of
the Senate, Egypt, it is Kyl-Lieberman.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LEAHY. The first one in order will be Coburn No. 2773.
Mr. GREGG. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. VITTER. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 2774

Mr. VITTER. Mr. President, I ask unanimous consent that Vitter
amendment No. 2774 be taken up for a short debate and voted out of
order at this time.
The PRESIDING OFFICER. Is there objection?
Mr. GREGG. Reserving the right to object, I ask unanimous consent
that the debate time be 2 minutes equally divided.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Louisiana.
Mr. VITTER. Mr. President, this amendment is very straightforward,
and I will read it word for word.

None of the funds made available under this Act may be made
available to any international organization, agency, or
entity (including the United Nations) that requires the
registration of or taxes a gun owned by a citizen of the
United States.

Unfortunately, Mr. President, this amendment is necessary because of
efforts within the United Nations that have been ongoing to push gun
control on the world stage through the U.N. This has been going on
initially since 1995 but in all seriousness particularly since 2001.
Many folks within the United Nations have pushed very hard for their
so-called program of action. Specifically, Dr. Rebecca Peters has been
head of that effort. She became very well known for spearheading the
massive gun control effort in Australia.
Mr. President, I urge a very strong bipartisan vote on this measure
so we send a clear message to the U.N. that we will not tolerate this
sort of movement and we will not send any U.S. taxpayer dollars to any
entity, including the U.N., that does this.
Mr. President, I yield back the remainder of my time.
The PRESIDING OFFICER. Who yields time in opposition?
Mr. LEAHY. Mr. President, I ask unanimous consent that all votes
after the first vote be 10-minute votes.
The PRESIDING OFFICER. That is already part of the order.
Does anybody want time?
Mr. LEAHY. I yield back the remainder of my time.
The PRESIDING OFFICER. All time is yielded back.
The question is on agreeing to amendment No. 2774.

[[Page S11196]]

Mr. VITTER. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
At this moment there is not a sufficient second.
The question is on agreeing to the amendment.
Mr. VITTER. Mr. President, I ask for the yeas and nays again.
The PRESIDING OFFICER. Is there a sufficient second?
At this moment there is not a sufficient second.
Mr. GREGG. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. LEAHY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LEAHY. Mr. President, I ask for the yeas and nays on the Vitter
amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The question is on agreeing to the amendment.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden),
the Senator from California (Mrs. Boxer), the Senator from Ohio (Mr.
Brown), the Senator from New York (Mrs. Clinton), the Senator from
Connecticut (Mr. Dodd), the Senator from Arkansas (Mrs. Lincoln), and
the Senator from Illinois (Mr. Obama) are necessarily absent.
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Idaho (Mr. Craig) and the Senator from Arizona (Mr. McCain).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 81, nays 10, as follows:

[Rollcall Vote No. 321 Leg.]

YEAS--81

Akaka
Alexander
Allard
Barrasso
Baucus
Bayh
Bennett
Bingaman
Bond
Brownback
Bunning
Burr
Byrd
Cantwell
Cardin
Carper
Casey
Chambliss
Coburn
Cochran
Coleman
Collins
Conrad
Corker
Cornyn
Crapo
DeMint
Dole
Domenici
Dorgan
Ensign
Enzi
Feingold
Graham
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Inouye
Isakson
Johnson
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Leahy
Lieberman
Lott
Lugar
Martinez
McCaskill
McConnell
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reid
Roberts
Rockefeller
Salazar
Sanders
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Tester
Thune
Vitter
Voinovich
Warner
Webb
Wyden

NAYS--10

Durbin
Feinstein
Harkin
Kennedy
Lautenberg
Levin
Menendez
Reed
Schumer
Whitehouse

NOT VOTING--9

Biden
Boxer
Brown
Clinton
Craig
Dodd
Lincoln
McCain
Obama
The amendment (No. 2774) was agreed to.
Mr. GREGG. Mr. President, I move to reconsider the vote.
Mr. LEAHY. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 2773

The PRESIDING OFFICER. There will now be 2 minutes of debate equally
divided on amendment No. 2773 offered by the Senator from Oklahoma, Mr.
Coburn.
Mr. GREGG. Mr. President, I ask unanimous consent that all time be
yielded back on both sides.
Mr. LEAHY. Mr. President, I would yield back time on this. Again, I
will always protect any Senator to have the right to vote for whatever
reason they want to hold up the Senate at this time of the night, but
this one is something everybody is going to vote for, and it could have
easily been a voice vote. But if we want to waste time at this time of
the night and have a rollcall vote, of course that is a Senator's
absolute right, to waste as much time as they may want.
Mr. GREGG. On behalf of Senator Coburn, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The question is on agreeing on the amendment.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden),
the Senator from New York (Mrs. Clinton), the Senator from Connecticut
(Mr. Dodd), the Senator from Arkansas (Mrs. Lincoln), and the Senator
from Illinois (Mr. Obama) are necessarily absent.
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Idaho (Mr. Craig) and the Senator from Arizona (Mr. McCain).
The result was announced--yeas 92, nays 1, as follows:

[Rollcall Vote No. 322 Leg.]

YEAS--92

Akaka
Alexander
Allard
Barrasso
Baucus
Bayh
Bennett
Bingaman
Bond
Boxer
Brown
Brownback
Bunning
Burr
Byrd
Cantwell
Cardin
Carper
Casey
Chambliss
Coburn
Cochran
Coleman
Collins
Conrad
Corker
Cornyn
Crapo
DeMint
Dole
Domenici
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Graham
Grassley
Gregg
Hagel
Harkin
Hatch
Hutchison
Inhofe
Inouye
Isakson
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lott
Martinez
McCaskill
McConnell
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Sanders
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Tester
Thune
Vitter
Voinovich
Warner
Webb
Whitehouse
Wyden

NAYS--1

Lugar

NOT VOTING--7

Biden
Clinton
Craig
Dodd
Lincoln
McCain
Obama
The amendment (No. 2773) was agreed to.

Amendment No. 2716

The PRESIDING OFFICER. There is now 2 minutes of debate equally
divided on amendment No. 2716 offered by the Senator from Oklahoma, Mr.
Coburn.
Mr. LEAHY. Mr. President, of all programs to cut funding for, it
would be hard to think of anything more shortsighted than to cut
funding for the Global Environment Facility. Unless, I guess, you are
among the dwindling few who still believes global warming is a hoax,
that the pollution of the Earth's rivers and sources of drinking water
is of no concern, that the destruction of the remaining areas of
tropical forests and endangered species does not matter, and that we
don't need the ozone layer.
Because that is what the GEF works to protect or prevent, and the
United States has been a leader in the GEF and the President has
requested the funding in the bill for it.
Mr. COBURN. I yield back my time.
Mr. LEAHY. I yield back my time.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
2716.
Mr. COBURN. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
At the moment, there is not a sufficient second.
Mr. COBURN. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. REID. I ask unanimous consent that the order for the quorum call
be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The question is on agreeing to amendment No. 2716.
The clerk will call the roll.

[[Page S11197]]

The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden),
the Senator from New York (Mrs. Clinton), the Senator from Connecticut
(Mr. Dodd), the Senator from Arkansas (Mrs. Lincoln), and the Senator
from Illinois (Mr. Obama) are necessarily absent.
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Idaho (Mr. Craig) and the Senator from Arizona (Mr. McCain).
The result was announced--yeas 46, nays 47, as follows:

[Rollcall Vote No. 323 Leg.]

YEAS--46

Alexander
Allard
Barrasso
Bennett
Bond
Bunning
Burr
Chambliss
Coburn
Cochran
Coleman
Collins
Corker
Cornyn
Crapo
DeMint
Dole
Domenici
Ensign
Enzi
Graham
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Isakson
Kyl
Lott
Lugar
Martinez
McConnell
Murkowski
Roberts
Sessions
Shelby
Smith
Snowe
Specter
Stevens
Sununu
Thune
Vitter
Voinovich
Warner

NAYS--47

Akaka
Baucus
Bayh
Bingaman
Boxer
Brown
Brownback
Byrd
Cantwell
Cardin
Carper
Casey
Conrad
Dorgan
Durbin
Feingold
Feinstein
Harkin
Inouye
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
McCaskill
Menendez
Mikulski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Rockefeller
Salazar
Sanders
Schumer
Stabenow
Tester
Webb
Whitehouse
Wyden

NOT VOTING--7

Biden
Clinton
Craig
Dodd
Lincoln
McCain
Obama
The amendment (No. 2716) was rejected.
Mr. LEAHY. I move to reconsider the vote.
Mrs. MURRAY. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 2706

The PRESIDING OFFICER. There will now be 2 minutes of debate equally
divided on amendment No. 2706, offered by the Senator from Oklahoma,
Mr. Coburn.
Mr. COBURN. Mr. President, I yield back.
Mr. LEAHY. Mr. President, I yield back.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The amendment (No. 2706) was agreed to.
Mr. LEAHY. Mr. President, I move to reconsider the vote, and I move
to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 2704

The PRESIDING OFFICER. There will now be 2 minutes of debate equally
divided on amendment No. 2704, offered by the Senator from Oklahoma,
Mr. Coburn.
Mr. COBURN. Mr. President, I yield back.
Mr. LEAHY. Mr. President, I would hope people would vote against this
amendment. It would completely prohibit the World Bank from supporting
programs to combat malaria.
We have $1 billion in this bill for the U.S. contribution to the
World Bank--money the United States has pledged and President Bush has
requested.
Malaria kills a million children a year and infects half a billion
people, 95 percent of whom are in Africa. We should do everything we
can to combat malaria.
I agree with the administration on this request. I agree with
President Bush, who has stated throughout the world his support for
these antimalaria matters. I would hope that all people, all Senators
of good will and good conscience, would vote no on this amendment.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
Mr. COBURN. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden),
the Senator from New York (Mrs. Clinton), the Senator from Connecticut
(Mr. Dodd), the Senator from Arkansas (Mrs. Lincoln) and the Senator
from Illinois (Mr. Obama) are necessarily absent.
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Idaho (Mr. Craig) and the Senator from Arizona (Mr. McCain).
The result was announced--yeas 33, nays 60, as follows:

[Rollcall Vote No. 324 Leg.]

YEAS--33

Alexander
Allard
Barrasso
Bond
Brown
Bunning
Burr
Casey
Chambliss
Coburn
Cochran
Corker
Cornyn
Crapo
DeMint
Domenici
Ensign
Enzi
Graham
Grassley
Inhofe
Isakson
Kyl
Lott
McCaskill
Nelson (FL)
Roberts
Sessions
Shelby
Thune
Vitter
Warner
Webb

NAYS--60

Akaka
Baucus
Bayh
Bennett
Bingaman
Boxer
Brownback
Byrd
Cantwell
Cardin
Carper
Coleman
Collins
Conrad
Dole
Dorgan
Durbin
Feingold
Feinstein
Gregg
Hagel
Harkin
Hatch
Hutchison
Inouye
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lugar
Martinez
McConnell
Menendez
Mikulski
Murkowski
Murray
Nelson (NE)
Pryor
Reed
Reid
Rockefeller
Salazar
Sanders
Schumer
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Tester
Voinovich
Whitehouse
Wyden

NOT VOTING--7

Biden
Clinton
Craig
Dodd
Lincoln
McCain
Obama
The amendment (No. 2704) was rejected.
Mr. LEAHY. Mr. President, I move to reconsider the vote.
Mr. DURBIN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. LEAHY. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Menendez). The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Mr. President, I have spoken to the managers of the bill. I
have conferred with the Republican leader. If everybody will be
patient, we should be completed--all work--in about 10 minutes. They
are working on the Budget Committee with some final numbers. There are
no problems, but they want to make sure. Senator Gregg and Senator
Leahy said do it right; we don't want problems popping up later. We
should be finished in about 10 minutes. During that 10 minutes, if
somebody wants to give a speech as in morning business, they are
welcome to do that. So cool your heels, we will be done soon.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. LEAHY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page S11198]]

Amendment No. 2779, Amendment No. 2712, as Modified, Amendment No.
2701, as Modified, Amendment No. 2782, as Modified, Amendment No. 2689,
Amendment No. 2718, Amendment No. 2693, as Modified, Amendment No.
2781, as Modified, Amendment No. 2710, as Modified, Amendment No. 2713,
as Modified, Amendment No. 2771, Amendment No. 2709, as Modified,
Amendment No. 2703, Amendment No. 2723, Amendment No. 2727, Amendment
No. 2726, Amendment No. 2725, Amendment No. 2728, Amendment No. 2730,
Amendment No. 2731, Amendment No. 2733, as Modified, Amendment No.
2734, Amendment No. 2735, Amendment No. 2736, Amendment No. 2737,
Amendment No. 2738, Amendment No. 2740, Amendment No. 2741, Amendment
No. 2742, Amendment No. 2743, Amendment No. 2744, Amendment No. 2746,
Amendment No. 2747, Amendment No. 2748, Amendment No. 2749, Amendment
No. 2750, Amendment No. 2751, Amendment No. 2752, Amendment No. 2753,
Amendment No. 2754, as Modified, Amendment No. 2755, Amendment No.
2756, Amendment No. 2757, Amendment No. 2758, Amendment No. 2759,
Amendment No. 2760, Amendment No. 2761, Amendment No. 2762, as
Modified, Amendment No. 2764, Amendment No. 2765, Amendment No. 2766,
Amendment No. 2767, as Modified, Amendment No. 2769, as Modified,
Amendment No. 2692, as Modified, Amendment No. 2784, Amendment No.
2785, Amendment No. 2786, Amendment No. 2787, Amendment No. 2788, and
Amendment No. 2789

Mr. LEAHY. Mr. President, I send a package of amendments, that are
agreed to, to the desk and ask for its immediate consideration en bloc
and ask that the amendments be deemed to be read en bloc and agreed to
en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments were agreed to, as follows:

AMENDMENT NO. 2779

(Purpose: To modify the obligation of funds requirement related to
Millennium Challenge Compacts)

On page 260, line 1, insert after ``obligates'' the
following: ``not more than 50 percent of the entire amount of
the United States Government funding anticipated for the
duration of the Compact''.
On page 260, line 4, delete the comma after ``proceed''.

AMENDMENT NO. 2712, AS MODIFIED

On page 410, between line 15 and 16, insert the following:

WITHHOLDING OF UNITED STATES CONTRIBUTIONS TO THE UNITED NATIONS HUMAN
RIGHTS COUNCIL

Sec. 699B. (a)(1) No funds appropriated or otherwise made
available by this Act for contributions to international
organizations may be made available to support the United
Nations Human Rights Council.
(2) The prohibition under paragraph (1) shall not apply--
(A) the President determines and certifies to the Committee
on Foreign Relations and the Committee on Appropriations of
the Senate and the Committee on Foreign Affairs and the
Committee on Appropriations of the House of Representatives
that the provision of funds to support the United Nations
Human Rights Council is in the national interest of the
United States; or
(B) the United States is a member of the Human Rights
Council.

AMENDMENT NO. 2701, AS MODIFIED

On page 210, line 24, strike ``$3,885,375,000'' and insert
``$3,820,375,000''.
On page 238, line 18, strike ``$6,531,425,000'' and insert
``$6,621,425,000''.
On page 239, line 17, strike ``$634,675,000 for other
infectious diseases;'' and insert ``$724,675,000 for other
infectious diseases, including $200,000,000 for tuberculosis
control, of which $15,000,000 shall be used for the Global TB
Drug Facility;''.
On page 282, line 13, strike ``$90,000,000'' and insert
``$65,000,000''.

amendment no. 2782, as modified

At the appropriate place, insert the following:

SEC. __. STUDY OF WORLD BANK'S EFFORTS TO MEASURE THE SUCCESS
OF THE PROJECTS IT FINANCES.

Sense of Congress.--It is the sense of Congress that the
World Bank should increase its focus on performance
requirements and measurable results.
(b) Study.--The Comptroller General of the United States
should conduct a study on the actions taken by the World Bank
to--
(1) measure the success of the projects financed by IDA;
(2) employ accurate means to measure the effectiveness of
projects financed by IDA
(3) combat corruption in governments that receive IDA
funding;
(4) establish clear objectives for IDA projects and
tangible means of assessing the success of such projects; and
(5) use World Bank processes and procedures for procurement
of goods and services on projects receiving financial
assistance from the World Bank.

AMENDMENT NO. 2689

(Purpose: To increase by $333,000 the amount appropriated or otherwise
made available for the Commission on Security and Cooperation in
Europe, and to provide an offset)

On page 232, between lines 16 and 17, insert the following:

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

Sec. 117. (a) The amount appropriated or otherwise made
available by this title under the heading ``Commission on
Security and Cooperation in Europe'' is hereby increased by
$333,000.
(b) The amount appropriated or otherwise made available by
this title for the Department of State under the heading
``diplomatic and consular programs'' is hereby reduced by
$333,000.

AMENDMENT NO. 2718

(Purpose: To set aside funds to repair, relocate, or replace fencing
along the international border between the United States and Mexico)

On page 219, line 26, insert after ``authorized'' the
following: ``, of which, $100,000 may be made available to
repair, relocate, or replace fencing along the international
border between the United States and Mexico''.

AMENDMENT NO. 2693, AS MODIFIED

At the appropriate place, insert the following:

SEC. __. COOPERATION WITH THE GOVERNMENT OF MEXICO.

(a) Cooperation Regarding Border Security.--The Secretary
of State, in cooperation with the Secretary of Homeland
Security and representatives of Federal, State, and local law
enforcement agencies that are involved in border security and
immigration enforcement efforts, should work with the
appropriate officials from the Government of Mexico to
improve coordination between the United States and Mexico
regarding--
(1) improved border security along the international border
between the United States and Mexico;
(2) the reduction of human trafficking and smuggling
between the United States and Mexico;
(3) the reduction of drug trafficking and smuggling between
the United States and Mexico;
(4) the reduction of gang membership in the United States
and Mexico;
(5) the reduction of violence against women in the United
States and Mexico; and
(6) the reduction of other violence and criminal activity.
(b) Cooperation Regarding Education on Immigration Laws.--
The Secretary of State, in cooperation with other appropriate
Federal officials, should work with the appropriate officials
from the Government of Mexico to carry out activities to
educate citizens and nationals of Mexico regarding
eligibility for status as a nonimmigrant under Federal law to
ensure that the citizens and nationals are not exploited
while working in the United States.
(c) Cooperation Regarding Circular Migration.--The
Secretary of State, in cooperation with the Secretary of
Labor and other appropriate Federal officials, should work
with the appropriate officials from the Government of Mexico
to improve coordination between the United States and Mexico
on the development of economic opportunities and providing
job training for citizens and nationals in Mexico.
(d) Annual Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall
submit a report to Committees on Appropriation describing the
actions taken by the United States and Mexico pursuant to
this section.

AMENDMENT NO. 2781, AS MODIFIED

At the appropriate place, insert the following:

SEC. __. SENSE OF THE SENATE REGARDING IRAQ REFUGEE CRISIS.

(a) Findings.--Congress makes the following findings:
(1) The annual United States worldwide ceiling for refugees
has been 70,000 since 2002.
(2) The Department of State has yet to use all of the
available allocation that could be used for Iraqi refugees.
(3) Since 2003, more than 2,000,000 Iraqis have fled their
country and over 2,000,000 Iraqis are also displaced within
Iraq.
(4) It has become increasingly clear that people who have
assisted the United States, Iraqi Christians and other
religious minorities cannot safely return to Iraq.
(5) The United States Government has an obligation to help
these refugees and should act swiftly to do so.
(6) The United States Government should increase the
allocation of refugee slots for Iraqi refugees for
resettlement in the United States.
(b) Sense of the Senate.--It is the sense of the Senate
that the President should act swiftly to respond to the
deepening humanitarian and refugee crisis in Iraq by using
the entire United States refugee allocation for the Near
East/South Asia region and any unused portion of the
worldwide allocation for Iraqi refugees, particularly people
who have assisted the United States and religious minorities.
(6) The United States Government should increase the
allocation of refugee slots for Iraqi refugees for
resettlement in the United States.

AMENDMENT NO. 2710, AS MODIFIED

On page 367, on line 20, strike ``are''.
On page 367, line 22, strike the period and, insert ``; and
(3) implementing the whistleblower protection policy
established by the United Nations Secretariat in December
2005.''

AMENDMENT NO. 2713, AS MODIFIED

At the appropriate place in title III, insert the
following:

[[Page S11199]]

support of foreign law enforcement efforts to locate united states
citizens kidnapped in areas affected by violent drug trafficking

Sec. __. Funds appropriated or otherwise made available by
this title under the heading ``international narcotics
control and law enforcement'' should be available for the
support of efforts of foreign law enforcement authorities to
locate United States citizens who have been kidnapped in, or
are otherwise missing from, areas affected by violent drug
trafficking.

AMENDMENT NO. 2771

(Purpose: To require a report regarding the use by U.S. Customs and
border Protection of flood control levees under the control of the
International Boundary and Water Commission)

On page 232, between lines 16 and 17, insert the following:

REPORT REGARDING USE OF LEVEES

Sec. 117. Not later than 90 days after the date of
enactment of this Act, the United States Commissioner of the
International Boundary and Water Commission, in cooperation
and coordination with the Secretary of Homeland Security and
the Chief of Engineers of the United States Army Corps of
Engineers, shall submit to Congress a report regarding the
use by U.S. Customs and Border Protection of flood control
levees under the control of the International Boundary and
Water Commission, which shall--
(1) discuss the purpose and importance of--
(A) any such use of such levees ongoing on the date of
enactment of this Act; and
(B) any anticipated such use of such levees after the date
of enactment of this Act;
(2) describe the frequency and means of, and approximate
number of officers and employees of the U.S. Customs and
Border Protection who, access such levees;
(3) describe the level of degradation of such levees as a
result of such use; and
(4) identify any formal agreements that may be needed
between the Department of Homeland Security and the
International Boundary and Water Commission or the Department
of State to ensure needed access to such levees.

AMENDMENT NO. 2709, as Modified

At the appropriate place in title I, insert the following:

department of state inspector general

Sec. __. (a) Link to Office of Inspector General From
Homepage of Department of State.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
State shall establish and maintain on the homepage of the
Internet website of the Department of State a direct link to
the Internet website of the Office of Inspector General of
the Department of State.
(b) Anonymous Reporting of Waste, Fraud, or Abuse.--Not
later than 30 days after the date of the enactment of this
Act, the Inspector General of the Department of State shall
establish and maintain on the homepage of the Internet
website of the Office of Inspector General a mechanism by
which individuals can anonymously report cases of waste,
fraud, or abuse with respect to the Department of State.

AMENDMENT NO. 2703

(Purpose: To increase by $8,000,000 the amount appropriated or
otherwise made available for th eOverseas Private Investment
Corporation under the heading ``Program Account'', and to provide an
offset)

On page 410, between lines 15 and 16, insert the following:

OVERSEAS PRIVATE INVESTMENT CORPORATION

Sec. 699B. (a) The amount appropriated or otherwise made
available by title II for the Overseas Private Investment
Corporation under the heading ``program account'' is hereby
increased by $8,000,000.
(b) The amount appropriated or otherwise made available by
title V for ``contribution to the international development
association'' is hereby reduced by $8,000,000.

AMENDMENT NO. 2723

(Purpose: To provide funds for the repair or replacement of the Nogales
Wash Flood Control Project and the International Outfall Interceptor)

On page 219, line 26, before the period insert the
following: Provided further, that of the funds appropriated
under this heading, up to $400,000 should be made available
for the repair or replacement of the Nogales Wash Flood
Control Project and International Outfall Interceptor.

amendment no. 2727

(Purpose: To require increased transparency and accountability at the
World Bank)

On page 368, beginning on line 16 strike ``and (4)'' and
insert in lieu thereof
(4) the World Bank has made publicly available the
Department of Institutional Integrity's November 23, 2005
``Report of Investigation into Reproductive and Child Health
I Project Credit N0180 India'' and any subsequent detailed
implementation review, and is implementing the
recommendations of the Department of Institutional Integrity
regarding this project, including recommendations concerning
the prosecution of individuals engaged in corrupt practices;
and

amendment no. 2726

(Purpose: Regarding the establishment of a United States-Egypt
Friendship Endowment, and for other purposes)

Insert where appropriate:

united states-egypt friendship endowment

Sec. __. Of the funds appropriated by this Act and prior
Acts making appropriations for foreign operations, export
financing, and related programs under the heading ``Economic
Support Fund'' that are available for assistance for Egypt,
up to $500,000,000 may be made available for an endowment to
further social, economic and political reforms in Egypt:
Provided, That the Secretary of State shall consult with the
Committees on Appropriations on the establishment of such an
endowment and appropriate benchmarks for the uses of these
funds.

amendment no. 2725

(Purpose: To require increased transparency and accountability
regarding foreign assistance)

On page 369, line 8 after the period, insert the following:
(d) National Budget Transparency.--(l) None of the funds
appropriated by this Act may be made available for assistance
for the central government of any country that fails to make
publicly available on an annual basis its national budget, to
include income and expenditures.
(2) The Secretary of State may waive subsection(d)(1) on a
country-by-country basis if the Secretary reports to the
Committees on Appropriations that to do so is important to
the national interests of the United States.
(3) The reporting requirement pursuant to section 585(b) of
Public Law 108-7 regarding fiscal transparency and
accountability in countries whose central governments receive
United States foreign assistance shall apply to this Act.

amendment no. 2728

(Purpose: To prohibit assistance for Iraq, and to require a report on
the extent that the Government of Iraq is committed to combating
corruption in Iraq, and for other purposes)

Insert where appropriate:

iraq

Sec. __. (a) None of the funds appropriated or otherwise
made available by this Act may be made available for
assistance for Iraq.
(b) Not later than 30 days after enactment of this Act the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the extent to which the Government
of Iraq is committed to combating corruption in Iraq and the
specific actions and achievements of the Government of Iraq
in combating corruption, to include a list of those senior
Iraqi leaders who have been credibly alleged to be engaged in
corrupt practices and activities.
(c) Notwithstanding any other provision of law, policy, or
regulation, none of the funds made available in this Act or
any other Act making appropriations for foreign operations
export financing and related programs assistance for Iraq may
be made available for unless the Secretary of State, in
consultation with the Secretary of Defense, certifies to the
Committees on Appropriations that the Departments of State
and Defense are providing the Committees on Appropriations,
including relevant staff, regular, full and unfettered access
to programs in Iraq for the purposes of conducting oversight.
(d) Subsections (a) and (c) shall not apply to the ninth
and thirteenth provisos under the heading ``Economic Support
Fund'' in this Act.

amendment no. 2730

(Purpose: To require the Department of State to establish visa
processing operations in Iraq)

``Consular Operations

Sec. . (a) The Secretary of State shall establish visa
processing facilities in Iraq within 180 days of enactment of
this Act in which aliens may apply and interview for
admission to the United States.
(b) The Secretary of State shall report to the Congress no
later than 30 days after enactment of this Act on funding and
security requirements for consular operations in Iraq in
fiscal year 2008.''

amendment no. 2731

(Purpose: Technical amendment relating to the health work force in
developing counties)

amendment no. 2733, as modified

On page 255, after the period, insert the following:
Provided further, That of the funds appropriated under this
heading, not less than $10,000,000 should be made available
for (1) programs to locate and identify persons missing as a
result of armed conflict, violations of human rights, or
natural disasters; (2) to assist governments in meeting their
obligations regarding missing persons; and (3) to support
investigations and prosecutions related to war crimes, crimes
against humanity, genocide and other crimes under
international law

amendment no. 2734

(Purpose: To provide a United States contribution to the International
Commission Against Impunity in Guatemala)

On page 254, line 16, after the comma insert the following:
``not less than $4,000,000 should be made available for a
United States contribution to the International Commission
Against Impunity in Guatemala,''

amendment no. 2735

(Purpose: To provide flexibility for the use of aircraft provided to
Colombia, and for other purposes)

On page 266, line 14, strike ``feasible'' and insert in
lieu thereof ``practicable and that aerial eradication will
not contribute to a significant loss of biodiversity''.

[[Page S11200]]

On page 267, line 17 delete ``determines'' and insert in
lieu thereof ``certifies to the Committees on
Appropriations''.
On page 267, line 18, strike ``feasible'' and insert in
lieu thereof ``practicable''.
On page 268, line 10, after the period insert the
following:
``(f) Rotary and fixed wing aircraft supported with funds
appropriated under this heading for assistance for Colombia
should be used for drug eradication and interdiction
including to transport personnel in connection with manual
eradication programs, and to provide transport in support of
alternative development programs and investigations of cases
under the jurisdiction of the Attorney General, the
Procuraduria General de la Nacion, and the Defensoria del
Pueblo.
On page 268, line 11, strike ``(f)'' and insert in lieu
thereof ``(g), and on page 268, line 19, strike ``(g)'' and
insert in lieu thereof ``(h)''.
On page 268, line 14, after ``certifies'' insert ``to the
Committees on Appropriations''.

AMENDMENT NO. 2736

(Purpose: To limit contamination of natural water sources and protect
food security)

On page 268, line 4, strike ``or'' and insert in lieu
thereof the following:
``, disrupt or contaminate natural water sources, reduce
local food security, or cause''

AMENDMENT NO. 2737

(Purpose: To expand the existing human rights certification to
assistance for the Bolivian police)

On page 268, line 12, after ``military'' insert ``and
police''.
On page 268, line 14, strike ``military is'' and insert in
lieu thereof ``military and police are''.
On page 268, line 16, strike ``military's''.
On page 268, line 17, after ``in'' insert ``of the military
and police''.
On page 268, line 17, after ``military'' and before
``personnel'' insert ``and police''.

AMENDMENT NO. 2738

(Purpose: To condition assistance relating to the Western Sahara)

On page 277, line 17, after the colon, insert the
following:

Provided further, that of the funds appropriated under this
heading that are available for assistance for Morocco, not
more than $2,000,000 may be obligated until the Secretary of
State certifies and reports to the Committees on
Appropriations that Moroccan Government authorities in the
territory of the Western Sahara have (1) ceased to persecute,
detain, and prosecute individuals for peacefully expressing
their opinions regarding the status and future of the Western
Sahara and for documenting violations of human rights; and
(2) provided unimpeded access to internationally recognized
human rights organizations, journalists, and representatives
of foreign governments to the Western Sahara:

AMENDMENT NO. 2740

(Purpose: Technical amendment relating to unobligated balances)

On page 286, line 14, strike ``REPORT''.

AMENDMEMENT NO. 2741

(Purpose: To increase the limitation on representational expenses for
the Inter-American Foundation)

On page 287, line 19, strike ``$2,000'' and insert in lieu
thereof ``$4,000''.

amendment no. 2742

(Purpose: Technical amendment relating to Nepal)

On page 306, line 20, after ``Mexico'' insert ``, Nepal,''.

amendment no. 2743

(Purpose: To provide a United States contribution for assistance for
civilian victims in Afghanistan)

On page 309, line 23, after the comma insert the following:
``$2,000,000 should be made available for a United States
contribution to the North Atlantic Treaty Organization/
International Security Assistance Force Post-Operations
Humanitarian Relief Fund,''

amendment no. 2744

(Purpose: To prohibit assistance for countries that the President
determines grant sanctuary to any individual or group which has
committed a gross violation of human rights)

On page 312, line 11, after ``terrorism'' insert ``or other
gross violation of human rights''.

amendment no. 2746

(Purpose: To provide authority for assistance to former combatants)

On page 326, line 18, after the period insert the
following:
``(o) Demobilization, Disarmament, and Reintegration
Assistance.--Notwithstanding any other provision of law,
policy or regulation, funds appropriated by this Act and
prior acts making appropriations for foreign operations,
export financing, and related programs may be made available
to support programs to demobilize, disarm, and reintegrate
into civilian society former combatants of foreign
governments or organizations who have renounced involvement
or participation in such organizations.

amendment no. 2747

(Purpose: To prohibit prior approval of foreign governments relating to
assistance for democracy, human rights and governance activities)

On page 326, line 18, insert the following:
(o) Nongovernmental Organizations.--With respect to the
provisions of assistance for democracy, human rights and
governance activities, the organizations implementing such
assistance and the specific nature of that assistance shall
not be subject to the prior approval by the government of any
foreign country.

amendment no. 2748

(Purpose: Technical amendment relating to Presidential discretion)

On page 335, line 7, strike ``the waiver authority of
subsection (b) is exercised'' and insert in lieu thereof
``the President makes a determination pursuant to subsection
(b)''.

amendment no. 2749

(Purpose: Clarification relating to assistance for Central and South
America)

On page 341, line 9, strike ``and Brazil'' and insert in
lieu thereof the following:
``Brazil, Latin America and Caribbean Regional, Central
America Regional, and South America Regional''

amendment no. 2750

(Purpose: Technical amendment relating to a certification for
assistance for Colombia)

On page 348, line 3, after ``and'' insert ``subsequently
certifies and''
On page 348, line 3, strike ``certification and''.
On page 348, line 8, after ``Defense'' insert ``, the
Attorney General''.
On page 350, line 12, strike ``Colombian Government is
ensuring that the''.
On page 350, line 16, strike ``the Colombian Armed
Forces''.
On page 350, line 21, after ``and'' insert ``subsequently
certifies and''.
On page 350, line 21, strike ``certification and''.

amendment no. 2751

(Purpose: Technical amendment relating to illegal armed groups)

On page 353, line 2, strike ``determines and''.
On page 353, line 2, after ``certifies'' insert ``and
reports''.

amendment no. 2752

(Purpose: Technical amendment relating to Sudan)

On page 366, line 4, after ``certifies'' insert ``and
reports''.

Amendment No. 2753

(Purpose: Technical amendment relating to monitoring of assistance)

On page 371, line 26, strike ``describing'' and insert in
lieu thereof ``detailing''.

Amendment No. 2754, as modified

On page 377, line 6, after the comma insert ``not less than
$2,000,000 should be made available for wildlife conservation
and protected area management in the Boma-Jonglei landscape
of Southern Sudan, and''

Amendment No. 2755

(Purpose: Technical amendment relating to Uzbekistan)

On page 380, line 26, strike ``have been credibly alleged
to'' and insert in lieu thereof ``the Secretary has credible
evidence to believe''

Amendment No. 2756

(Purpose: Technical amendment relating to assistance for the countries
of Central Asia)

On page 383, line 4, strike ``he'' and insert in lieu
thereof ``the Secretary''.
On page 383, line 14, strike ``6'' and insert in lieu
thereof ``12''.

Amendment No. 2757

(Purpose: Technical amendment relating to a coordinator of activities
relating to indigenous peoples internationally)

On page 388, line 11, strike ``, guidelines''.
On page 388, line 11, after ``goals,'' insert
``guidelines,''.
On page 388, line 16, strike ``executing'' and insert in
lieu thereof ``implementing''.

Amendment No. 2758

(Purpose: Technical amendment relating to demobilization assistance for
Colombia)

On page 390, line 20, strike ``against human rights
defenders''.

Amendment No. 2759

(Purpose: To clarify conditions on assistance for Indonesia)

On page 393, line 1, strike ``provided a copy of its
written plans to effectively address the following, and a
copy of each plan has been provided with the report'', and
insert in lieu thereof ``written plans to effectively''.
On page 393, line 4, before ``accountability'' insert
``provide''.
On page 393, line 6, ``to allow public access to Papua and
West Irian Jaya'' and insert in lieu thereof ``allow public
access to West Papua''.
On page 393, line 8, strike ``to''.

Amendment No. 2760

(Purpose: To clarify conditions on military assistance for Guatemala)

On page 393, line 12, strike everything after ``(a)''
through the period on page 394, line 15, and insert in lieu
thereof the following:

``Funds appropriated by this Act under the heading
``International Military Education and Training'' that are
available for assistance for Guatemala, other than for
expanded international military education and training, may
be made available only for the Guatemalan Air Force and Navy:
Provided, That such funds may be made available only if the

[[Page S11201]]

Secretary of State certifies that the Guatemalan Air Force
and Navy are respecting human rights and are cooperating with
civilian judicial investigations and prosecutions of military
personnel who have been credibly alleged to have committed
violations of human rights.
(b) Of the funds appropriated by this Act under the heading
``Foreign Military Financing Program'', not more than
$500,000 may be made available for the Guatemalan Air Force
and Navy: Provided, That such funds may be made available
only if the Secretary of State certifies that the Guatemalan
Air Force and Navy are respecting human rights and are
cooperating with civilian judicial investigations and
prosecutions of military personnel who have been credibly
alleged to have committed violations of human rights, and the
Guatemalan Armed Forces are fully cooperating with the
International Commission Against Impunity in Guatemala.''

Amendment No. 2761

(Purpose: To restrict assistance for countries that recruit child
soldiers)

On page 395, line 1, strike ``security'' and insert lieu
thereof the following: ``governmental armed forces or
government-supported armed groups, including paramilitaries,
militias, or civil defense forces,''.
On page 395, line 7, after ``to'' insert the following:
``demobilize children from its forces or from government-
supported armed groups and''.

AMENDMENT NO. 2762, AS MODIFIED

On page 395, line 24, after the semi-colon insert ``(2) the
Philippine Government is implementing a policy of promoting
military personnel who demonstrate professionalism and
respect for human rights, and is investigating and
prosecuting military personnel and others who have been
credibly alleged to have committed extrajudicial executions
or other violations of human rights.''
On page 396, line 1, strike ``(2)'' and insert in lieu
thereof ``(3)''.

amendment no. 2764

(Purpose: To add conditions relating to assistance for Sri Lanka)

On page 397, line 24, after ``that'' insert ``(1)''.
On page 398, line 3, after ``soldiers'' insert ``; (2) the
Sri Lankan Government has provided unimpeded access to
humanitarian organizations and journalists to Tamil areas of
the country; and (3) the Sri Lankan Government has agreed to
the establishment of a field presence of the Office of the
United Nations High Commissioner for Human Rights in Sri
Lanka.''.

AMENDMENT NO. 2765

(Purpose: Technical amendment relating to the Millennium Challenge
Corporation)

On page 402, line 22, after ``the'' insert ``transparent
and''.

Amendment No. 2766

(Purpose: To deny visas for officials of foreign governments and their
families who have been involved in corruption relating to the
extraction of natural resources)

At the appropriate place in the bill insert the following:

Anti-Kleptocracy

Sec. ___. (a) In furtherance of the National Strategy to
Internationalize Efforts Against Kleptocracy and Presidential
Proclamation 7750, not later than 90 days after the date of
enactment of this Act the Secretary of State shall send to
the appropriate congressional committees a list of officials
of the governments of Angola, Burma, Cambodia, Equatorial
Guinea, Democratic Republic of the Congo, and the Republic of
the Congo, and their immediate family members, who the
Secretary has credible evidence to believe have been involved
in corruption relating to the extraction of natural resources
in their countries.
(b) Not later than 10 days after the list described in
subsection (a) is submitted to the appropriate congressional
committees, the following sanctions shall apply:
(1) Any individual on the list submitted under subsection
(a) shall be ineligible for a visa to enter the United
States.
(2) No property or interest in property belonging to an
individual on the list submitted under subsection (a), or to
a member of the immediate family of such individual if the
property is effectively under the control of such individual,
may be transferred, paid, exported, withdrawn, or otherwise
dealt with, if the property is within the United States or
within the possession or control of a United States person,
including the overseas branch of such person, or after the
date of the enactment of this Act comes within the control of
such person.
(3) No United States person may engage in financial
transactions with an individual on the list submitted under
subsection (a), or with a member of the immediate family of
such individual if the transaction will benefit an individual
on the list submitted under subsection (a).

Amendment No. 2767, As Modified

On page 255, line 5, before the period, insert the
following:
``Provided further, That of the funds appropriated under
this heading, not more than $500,000 should be made available
for the Department of Energy's National Nuclear Security
Administration to support initiatives which bring together
public officials and private individuals from nations
involved in the Six-Party Talks for informal discussions on
resolving the North Korea nuclear issue:''

Amendment No. 2769, As Modified

At the appropriate place in the bill, add the following new
section:

Uganda

Sec. ___. (a) Not later than 90 days after enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing a strategy for
substantially enhancing United States efforts to resolve the
conflict between the Lord's Resistance Army (LRA) and the
Government of Uganda (GOU), including--
(1) direct and sustained participation by the United States
in confidence-building measures in furtherance of the peace
process;
(2) increased diplomatic pressure on the Democratic
Republic of the Congo (to eliminate the LRA's current safe
haven) and on Sudan;
(3) brokering direct negotiations between the GOU and the
leaders of the LRA on personal security arrangements; and
(4) financial support for disarmament, demobilization, and
reintegration to provide mid-level LRA commanders incentives
to return to civilian life.
(b) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $5,000,000 shall be
made available to implement the strategy described in
subsection (a).

AMENDMENT NO. 2692, AS MODIFIED

On page 410, between lines 15 and 16, insert the following:

COMPREHENSIVE NUCLEAR THREAT REDUCTION AND SECURITY PLAN

Sec. 699B. (a) Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress a comprehensive nuclear threat reduction and
security plan, in classified and unclassified forms--
(1) for ensuring that all nuclear weapons and weapons-
usable material at vulnerable sites are secure by 2012
against the threats that terrorists have shown they can pose;
(2) for working with other countries to ensure adequate
accounting and security for such materials on an ongoing
basis thereafter; and
(3) for making security improvements to ensure, to the
maximum extent possible, that the existing U.S. nuclear
weapons stockpile and weapons-usable material are protected
from the threats terrorists have shown they can pose.
(b) For each element of the accounting and security effort
described under subsection (a)(2), the plan shall--
(1) clearly designate agency and departmental
responsibility and accountability;
(2) specify program goals, with metrics for measuring
progress, estimated schedules, and specified milestones to be
achieved;
(3) provide estimates of the program budget requirements
and resources to meet the goals for each year;
(4) provide the strategy for diplomacy and related tools
and authority to accomplish the program element;
(5) provide a strategy for expanding the financial support
and other assistance provided by other countries,
particularly Russia, the European Union and its member
states, China, and Japan, for the purposes of securing
nuclear weapons and weapons-usable material worldwide;
(6) outline the progress in and impediments to securing
agreement from all countries that possess nuclear weapons or
weapons-usable material on a set of global nuclear security
standards, consistent with their obligation to comply with
United Nations Security Council Resolution 1540;
(7) describe the steps required to overcome impediments
that have been identified; and
(8) describe global efforts to promulgate best practices
for securing nuclear materials.
(c) Sense of the Senate. The Administration shall not sign
any agreement with the Russian Federation on low enriched
uranium that does not include a requirement that a portion of
the low enriched uranium be derived from highly enriched
uranium.

AMENDMENT NO. 2784

(Purpose: to exclude aliens who have engaged in or advocated terrorist
activity on behalf of or received military-type training from a Tier I
or II terrorist organization from eligibility for relief from
terrorism-related immigration bars)

Section 694 of the bill is amended to read as follows:
Sec. 694. (a) Amendment to Authority To Determine the Bar
to Admission Inapplicable.--Section 212(d)(3)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. ll82(d)(3)(B)(i))
is amended to read as follows:
``The Secretary of State, after consultation with the
Attorney General and the Secretary of Homeland Security, or
the Secretary of Homeland Security, after consultation with
the Secretary of State and the Attorney General, may
determine in such Secretary's sole unreviewable discretion
that subsection (a)(3)(B) shall not apply with respect to an
alien within the scope of that subsection or that subsection
(a)(3)(B)(vi)(III) shall not apply to a group within the
scope of that subsection, except that no such waiver may be
extended to an alien who is within the scope of subsection
(a)(3)(B)(i)(II), no such waiver may be extended to an alien
who is a member or representative of, has voluntarily and
knowingly engaged in or endorsed or espoused or persuaded
others to endorse or espouse or support terrorist activity on
behalf of, or has

[[Page S11202]]

voluntarily and knowingly received military-type training
from a terrorist organization that is described in subclause
(I) or (II) of subsection (a)(3)(B)(vi), and no such waiver
may be extended to a group that has engaged terrorist
activity against the United States or another democratic
country or that has purposefully engaged in a pattern or
practice of terrorist activity that is directed at civilians.
Such a determination shall neither prejudice the ability of
the United States Government to commence criminal or civil
proceedings involving a beneficiary of such a determination
or any other person, nor create any substantive or procedural
right or benefit for a beneficiary of such a determination or
any other person. Notwithstanding any other provision of law
(statutory or nonstatutory), including section 2241 of Title
28, or any other habeas corpus provision, and sections 1361
and 1651 of such title, no court shall have jurisdiction to
review such a determination or revocation except in a
proceeding for review of a final order of removal pursuant to
section 1252 of this title, and review shall be limited to
the extent provided in section 1252(a)(2)(D). The Secretary
of State may not exercise the discretion provided in this
clause with respect to an alien at any time during which the
alien is the subject of pending removal proceedings under
section 1229a of this title.''.
(b) Automatic Relief for the Hmong and Other Groups That Do
Not Pose a Threat to the United States.--For purposes of
section 212(a)(3)(B) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)), the Karen National Union/Karen
Liberation Army (KNU/KNLA), the Chin National Front/Chin
National Army (CNF/CNA), the Chin National League for
Democracy (CNLD), the Kayan New Land Party (KNLP), the Arakan
Liberation Party (ALP), the Mustangs, the Alzados, the
Karenni National Progressive Party, and appropriate groups
affiliated with the Hmong and the Montagnards shall not be
considered to be a terrorist organization on the basis of any
act or event occurring before the date of enactment of this
section. Nothing in this subsection may be construed to alter
or limit the authority of the Secretary of State or the
Secretary of Homeland Security to exercise his discretionary
authority pursuant to 212(d)(3)(B)(i) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)).''.
(c) Technical Correction.--(1) In general.--Section
212(a)(3)(B)(ii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(ii)) is amended by striking ``Subclause
(VII)'' and replacing it with ``Subclause (IX)''.
(d) Designation of the Taliban as a Terrorist
Organization.--For purposes of section 212(a)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), the
Taliban shall be considered to be a terrorist organization
described in subclause (I) of clause (vi) of that section.
(e) Report on Duress Waivers.
The Secretary of Homeland Security shall provide to the
Committees on the Judiciary of the United States Senate and
House of Representatives a report, not less than 180 days
after the enactment of this Act and every year thereafter,
which may include a classified annex if appropriate,
describing--
(1) the number of individuals subject to removal from the
United States for having provided material support to a
terrorist group who allege that such support was provided
under duress;
(2) a breakdown of the types of terrorist organizations to
which the individuals described in paragraph (1) have
provided material support;
(3) a description of the factors that the Department of
Homeland Security considers when evaluating duress waivers;
and
(4) any other information that the Secretary believes that
the Congress should consider while overseeing the
Department's application of duress waivers.
(f) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this section,
and these amendments and sections 212(a)(3)(B) and
212(d)(3)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B) and 1182(d)(3)(B)), has amended by these
sections, shall apply to--
(A) removal proceedings instituted before, on, or after the
date of enactment of this section; and
(B) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal
occurring or existing before, on, or after such date.

amendment no. 2785

(Purpose: To provide funding for secondary wastewater treatment,
consistent with the Committee report)

On page 219, line 26, before the period insert: ``,of which
up to $66,000,000 shall be made available only for
construction in the United States of secondary wastewater
treatment capability.''

AMENDMENT NO. 2786

(Purpose: To express the sense of the Senate regarding actions needed
on the part of the Government of Egypt to promote the rule of law and
reduce the smuggling of weapons into Gaza)

On page 410, between lines 15 and 16, insert the following:

RULE OF LAW AND BORDER SECURITY IN EGYPT

Sec. 699B. (a) The Senate makes the following findings:
(1) Fighting in Gaza during the summer of 2007 demonstrated
that the terrorist organization Hamas, which unlawfully
seized control over Gaza in June 2007, has been able to
achieve a dramatic increase in the quantity and
sophistication of arms at its disposal.
(2) Without these arms, the terrorist organization would
not have been able to seize control over the Gaza territory.
(3) There is substantial evidence that a significant
proportion of these arms were smuggled across the border
between Gaza and Egypt.
(4) The Egyptian military is a capable force, made possible
in substantial part by a close relationship with the United
States.
(5) Concurrent with the escalation of dangerous arms
smuggling across the border between Egypt and Gaza has been a
retrogression in the rule of law in Egypt.
(6) This loss of hard-earned ground has been characterized
by reports of harsh reaction by the Government of Egypt to
dissent, including the jailing of political opponents.
(7) The United States has provided aid to Egypt in excess
of $28,000,000,000 over the past three decades.
(b) The Senate--
(1) reaffirms its long-standing friendship with the people
of Egypt;
(2) believes that our friendship with Egypt requires the
Senate to address such vital policy concerns;
(3) urges the Government of Egypt to make concrete and
measurable progress on restoring the rule of law, including
improving the independence of the judiciary and improving
criminal procedures and due process rights and halting the
cross-border flow of arms to Gaza;
(4) believes it is the best interest of Egypt, the region,
and the United States that Egypt takes prompt action to
demonstrate progress on these matters; and
(5) urges the Department of State to work vigorously and
expeditiously with the Government of Egypt and the Government
of Israel to bring the border between Egypt and Gaza border
under effective control.

amendment no. 2787

(Purpose: Technical amendment relating to the office of Private and
Voluntary Cooperation)

On page 245, line 17, strike ``may'' and insert in lieu
thereof ``should''.

amendment no. 2788

(Purpose: Technical amendment relating to the Democracy Fund)

On page 262, line 16, before ``institutions'' insert
``organizations and''.

AMENDMENT NO. 2789

(Purpose: To enable the Department of State to respond to a critical
shortage of passport processing personnel)

On page 211, line 20, insert after ``purposes:'' the
following: ``Provided further, That during fiscal year 2008,
foreign service annuitants may be employed, notwithstanding
section 316.401 of title 5, Code of Federal Regulations,
pursuant to waivers under section 824(g)(1)(C)(ii) of the
Foreign Service Act of 1980 (22 U.S.C. 4064(g)(1)(C)(ii)):''.

Mr. GREGG. I move to reconsider the vote, and I move to lay that
motion on the table.
The motion to lay on the table was agreed to.
Mr. LEAHY. Mr. President, before we go to third reading, I wish to
thank Senator Gregg for his tireless efforts on this bill and the
Members of the Appropriations Committee which passed this bill
originally 28 to 1. I will say more about Senator Gregg's staff and my
staff tomorrow so as not to hold up third reading.
Mr. GREGG. Mr. President, I join with Senator Leahy and thank him for
the fair and open way he has pursued this bill. I thank his staff
again, as I did earlier, for their great work, and my staff, obviously,
also. It has been a very fair and open process, and I very much
appreciate his treatment of the Republican membership in this exercise.

Accelerating RFA for Soils, Water, and Ecosystem Services CRSP

Mr. INOUYE. Mr. President, I would like to discuss with the Senator
from Vermont an issue that has major implications for food security and
environmental protection in developing countries and the United States.
Over the last decade, the Soils Management CRSP has performed
admirably with the University of Hawaii serving as the management
entity. It is through my relationship with the University of Hawaii
that I have learned that this program has successfully developed
globally applicable science-based principles and tested them on a site-
specific basis in more than 22 developing countries in Africa, Asia,
and Latin America. This has enabled users to access decision support
tools to diagnose problems at specific locations in any country, and
prescribe alternative solutions to correct them.
While the Soils Management CRSP has been successful during its
planned 10-year life, I am pleased that the U.S. Agency for
International Development will build on the accomplishments of this
program and seek a broader scope

[[Page S11203]]

for a succeeding CRSP. The Agency correctly perceives that, while sound
soil management is critical to food security, sustainable natural
resources management, and economic growth and progress in the
developing world, soil resources must be managed in the context of all
resources in the ecosystem. I support the establishment and operation
of the Soil, Water, and Ecosystem Services CRSP.
My concern is that the Agency does not plan to compete the new Soil,
Water, and Ecosystem Services CRSP until 2009. With a likely 2-year
interruption of research activity, the useful elements of expiring
CRSPs are likely to be compromised and continuity of resource
management research will not be forthcoming.
To circumvent these problems, I ask your support in encouraging the
Agency to accelerate a request for applications, RFA, for a Soil,
Water, and Ecosystem Services CRSP through established competitive
processes. Conducting the RFA in fiscal year 2008 will minimize the
loss in program continuity associated with recently expired CRSPs such
as the Soils Management CRSP. Acceleration will minimize risks to food
security and protection of the environment in developing countries and
in the United States. An earlier competition for the new CRSP will go a
long way toward preserving the momentum and expertise of the
collaborative network of researchers involved in recently completed
CRSPs.
I believe that the committee recommendation for funds for
Collaborative Research Support Programs in 2008 is sufficient to
accommodate a request for applications--RFA--for a Soil, Water, and
Ecosystem Services CRSP in 2008. I also emphasize that my interest is
in a more comprehensive resource management CRSP solicited through
established competitive processes based solely on merit and abilities
to deliver science-based recommendations.
Mr. LEAHY. I thank the Senator from Hawaii for bringing this issue to
my attention. I agree about the importance of continuity and momentum
in natural resource management research. I will work to ensure that
your concerns are communicated to the Administrator of the U.S. Agency
for International Development and that the Agency is encouraged to
utilize funds appropriated for 2008 to accelerate the RFA process for a
Soil, Water, and Ecosystems Services CRSP in 2008.
Mr. INOUYE. I thank my colleague for his consideration and support of
the Soil, Water, and Ecosystem Services CRSP.

Passport Services Offices

Mr. PRYOR. Mr. President, I would like to engage the chairman of the
Senate Appropriations State, Foreign Operations Subcommittee in a brief
colloquy regarding the situation at the State Department's Passport
Services Offices. Like many Members on both sides of the Hill, my
office in recent months has been deluged by constituents who have had
tremendous difficulties getting passports in time for trips they have
planned, often many months in advance. I appreciate the fact that the
subcommittee has responded to this situation by providing additional
resources to the Department to address the passport backlog.
Freedom and ease of travel to foreign destinations is extremely
important to the competitiveness of American business as well as for
individual recreational and family needs. Many American businesses,
including a significant part of the American travel industry, depend on
passport services companies to obtain necessary travel documents for
their employees and customers in an expedited fashion so they can
travel not just when they want to but when they need to. Passport
services firms also assist individual citizens when they are not
located near one of the regional passport offices, have physical
disabilities, or simply cannot get off work to make a personal visit to
the passport office.
The number of passport issuances nationally has grown by more than
130 percent in recent years. At the same time, the demand of U.S.
citizens and corporations for the expedited services of passport
services companies has never been greater. However, in recent years
regional Passport Services Offices have limited the number of
``slots,'' or applications, that individual passport services companies
can submit on a daily basis. The reductions at all the regional offices
collectively have reduced nationally the number of applications
individual companies can submit by over 40 percent. It is now clear
that the recent problems with passport delays faced by the traveling
public as a whole are related to the problems faced by passport
services companies in the last few years: lack of resources and
improper allocation of resources by the Department.
Instead of creating more work, passport services companies assist
passport services' adjudicators by using barcode computer technology,
ensuring application forms and supporting documents are filled out
accurately and completely, and improving efficiency and decreasing
confusion at passport acceptance facilities nationwide by thoroughly
preparing applicants before acceptance agents.
Leading travel industry representatives have formally expressed
strong support for efforts to allow passport services companies to
submit more applications. The American Society of Travel Agents, Cruise
Lines International Association, the National Business Travel
Association, the Travel Business Roundtable, and the Travel Industry
Association of America have all written the Department of State
expressing unqualified support for the industry's request for more
slots for individual companies.
I would like to ask the distinguished chairman of the subcommittee,
is it true that the committee has provided the Department $40 million
over the President's budget request to enhance passport operations?
Mr. LEAHY. That is true. I would say to my colleague from Arkansas
that this subcommittee is not satisfied with the performance of the
Department in the last few months with respect to the adjudication and
distribution of passports in a timely fashion. We recognize that a
tremendous number of dedicated public servants at all levels of the
State Department have been putting in long hours trying to get rid of
the backlog in passports. We think it is very important, however,
especially as the deadline for implementation of the Western Hemisphere
Travel Initiative gets closer, that the Department be better prepared
to handle spikes in demand for passports and to disseminate better
information about the procedures and options available for getting
expedited passports.
Mr. PRYOR. Increasing the number of daily applications individual
passport service companies can submit is an essential component of
meeting the personal and business travel needs of American citizens who
require special assistance. Because these companies submit applications
to the exact specifications of Passport Services, allowing individual
firms to submit more applications daily would enable Passport Services
to adjudicate a greater number of applications more efficiently.
As the chairman may know, Arkansas is now home to a passport
processing facility that is working on all cylinders helping to
eliminate the backlog. The Washington Regional Agency of Passport
Services already has staff dedicated exclusively to processing
applications submitted by passport services companies. Does the
chairman/ranking member of the subcommittee agree that we should
encourage the consideration of a similar approach in all regional
offices to facilitate the daily increase in applications for passport
services firms and recommend Passport Services expand one of its
regional offices to provide significantly expanded dedicated services
to passport service companies?
Mr. LEAHY. I agree that we should encourage the Department to
consider providing such dedicated infrastructure, especially if it will
help to alleviate the backlogs that have occurred all over the country.
Mr. PRYOR. I thank the chairman of the subcommittee for his attention
to this issue.

Extrajudicial Killings in the Philippines

Mrs. BOXER. Mr. President, as chair of the Senate Foreign Relations
Subcommittee on East Asian and Pacific Affairs, I remain deeply
concerned about reports of extrajudicial killings in the Philippines.
The people of the United States and the Philippines enjoy a close
friendship that is deeply valued on both sides. Our nations have a
strong bond that is supported and celebrated by the 3 million

[[Page S11204]]

Americans of Philippine ancestry that live in the United States today.
California alone is home to more than 1 million Filipino Americans.
Because of the close ties between our two nations and our two
militaries, it is essential that the government of Gloria Arroyo take
strong action to end the killings and punish those who have committed
abuses.
Over the past 6 years, hundreds of extrajudicial killings have taken
place throughout the Philippines. Those targeted have included
journalists, religious leaders, political figures, human rights
activists, and union leaders.
For too long, the Government of the Philippines has not taken
sufficient action to address extrajudicial killings and bring those
responsible to justice.
Last year, pressure from international human rights groups, foreign
governments, and political leaders forced the government of President
Arroyo to launch an investigation into the killings that was headed by
retired Supreme Court Justice Jose Melo. The Melo Commission report,
which was made public early this year, found that the killings of
activists appear to be part of an ``orchestrated plan'' and that the
Philippine National Police has made little progress in investigating or
prosecuting cases.
Philip Alston, the U.N. Special Rapporteur on Extrajudicial, Summary
or Arbitrary Executions has stated that the Philippine Armed Forces
were in ``a state of almost total denial'' on the need to address ``the
significant number of killings which have been convincingly attributed
to them'' and that a ``culture of impunity'' exists within the
Philippine justice system.
In response, the Philippine Government has announced that it is
taking steps to address these abuses. President Arroyo has said herself
that ``these killings will be resolved and the military will continue
to be a vanguard for freedom.''
Last week in Manila, hundreds of relatives and supporters of those
who are missing or killed marched to demand action and justice. One of
the marchers carried a picture of her son, an activist who was
reportedly abducted from a mall last April by seven armed persons who
identified themselves as police officers. The car used in the abduction
was traced to a vehicle impounded at a Philippine military base.
Despite an order from the Supreme Court, the military has not released
the missing activist.
During a hearing I chaired in March on this issue, a bishop from the
United Church of Christ in the Philippines testified that, ``with such
an appalling death toll of extrajudicial killings in our country at
this time of the Arroyo administration, nobody could ever claim that
she or he is not afraid and is safe. I admit that I have that fear . .
. ''
I am very pleased that Senator Leahy has included language in the
Senate State Department and Foreign Operations appropriations bill that
fences $2 million of military assistance on the condition that the
Secretary of State certifies that the Philippine Government is
implementing the recommendations of the U.N. Special Rapporteur on
Extrajudicial, Summary or Arbitrary Executions, that the Philippine
military is not engaging in acts of intimidation or violence against
members of legal organizations that advocate for human rights, and that
the Government is investigating and prosecuting those who have
committed extrajudicial killings.
This binding legislative language is critical. I hope that Secretary
Rice is able to produce a report that states that the Philippine
Government is taking real action and the Philippine military is no
longer responsible for the deaths of innocent persons.
Senator Leahy, if the Philippine Government fails to meet the three
conditions contained in this act, will you work with me to place
additional limitations on future U.S. military assistance to the
Philippines?
Mr. LEAHY. I share Senator Boxer's concern about extrajudicial
violence in the Philippines and will continue to monitor this situation
carefully. I will consider additional limitations on future U.S.
military assistance if the Philippine Government fails to adequately
address this issue.
Mr. McCAIN. Mr. President, I support amendment No. 2708 that would
prevent contributions to organizations that perform or promote abortion
as a method of family planning. I was unable to be in attendance for
this vote. However, if I had been present, I would have voted in favor
of this amendment. Similarly, I support amendment No. 2707 that would
prohibit funding of organizations that support coercive abortion. If I
had been present, I would have voted in favor of this amendment.
I oppose amendment No. 2719 that would rescind the ``Mexico City
Policy'' in its entirety, and, had I been present, I would have voted
against it.
Life is the most important gift each of us is given, and I believe
that abortion unfairly takes the innocent life of an unborn child who
deserves protection, morally and legally. For this reason, I oppose
abortion, except in the case of rape, incest or when the life of the
mother is endangered.
The ``Mexico City Policy'' denies U.S. population assistance funds to
private organizations that campaign to legalize abortion in foreign
countries, or which otherwise promote abortion as a method of family
planning. I believe that we must be committed to protecting the life of
unborn children, and I do not support the expenditure of U.S. taxpayer
dollars for the purposes of funding abortions, whether inside or
outside the United States. While I understand the need for family
planning services, particularly in developing countries, and support
efforts to meet these needs, I do not believe that abortion is an
appropriate form of birth control. For this reason, I oppose the
allocation of taxpayer money to organizations that promote and provide
abortion services.
Mr. CORNYN. Mr. President, the increasing instability along the
Texas/Mexico border is of great concern to me. U.S. citizens who live
in the border communities of my home State are caught in the crossfire
of drug cartels engaged in illegal trafficking of drugs, weapons, cash,
and people.
Nuevo Laredo, a city across the river from Laredo, TX, has been
caught up in a violent turf war between rival drug gangs fighting for
billion-dollar smuggling routes into the United States. This issue is
relevant because many people are missing as a result of the violence in
Nuevo Laredo, including over 20 U.S. citizens.
One tragic example involves Brenda Cisneros and her friend Yvette
Martinez a 27-year-old mother of two young girls. On September 17,
2004, the two women were celebrating Brenda's 23rd birthday at a
concert across the border in Nuevo Laredo. Neither has been seen since.
The ongoing drug wars in Nuevo Laredo are spilling over into Laredo
and nearby communities in the United States. I fear the threat of
violence to our citizens who live and work in border regions will only
continue to escalate. This condition is unacceptable and Mexico must
act immediately to end this situation.
Federal, state, and local law enforcement officials along the border
routinely seize guns, ammunition, drugs, and illegal aliens.
Additionally, Border Patrol agents face hundreds of assaults each year
ranging from shootings, to rock throwing, to attempts to run them over.
In August 2005, I sent a letter to the Attorney General requesting
that additional resources be allocated to remedy this situation. The
Attorney General and the administration quickly took action to protect
the people of Texas by sending a Violent Crime Impact Team to address
the violence, particularly the problem of missing persons.
However, as I noted in a letter to Tony Garza, the U.S. Ambassador to
Mexico, ``the good work of U.S. law enforcement will never be enough
without serious commitment and strong efforts from Mexico.''
Since April 2006, I have been working with Ambassador Garza to
encourage the Mexican government to help U.S. law enforcement and
increase Mexico's efforts in locating the numerous missing persons from
the Laredo area. I have also met with other top-level Mexican officials
and urged them to allocate more resources toward finding the missing
persons, and to coordinate efforts with the United States. It is clear
that Mexico must do more to crack down on violence along the border.
This legislation provides funds for international narcotics control
and law enforcement. The purpose of this provision is to assist foreign
countries in

[[Page S11205]]

combating narcotics, gangs, terrorism, and crime. The House has already
passed this bipartisan bill, and we must ensure the programs we are
funding are focused in the right direction by including explicit
language.
According to the House Judiciary Committee report, the committee
``continues to support a strong United States counternarcotics
assistance program in order to protect United States communities from
the ravages of drugs.'' Furthermore, the House Judiciary Committee
recommendation includes $27.5 million for programs in Mexico to support
the fight against human, drug, and weapon smuggling.
The amendment I am offering today ensures that a portion of this
funding will be allocated for locating the many missing Americans who
have been lost in the battles between drug cartels. It is simply
unacceptable to allow U.S. citizens to become casualties of the violent
war being waged by drug gangs in Mexico.
The truth is that, just as the violence and instability on the border
is a serious problem for both countries, the solution lies both with
the United States and Mexico. It will take all of our efforts and
Mexico's efforts combined to win the battle against border violence.
Any legislation that appropriates funding for programs to combat drug
smuggling in Mexico must also allocate resources to combat the fallout
of drug trafficking. My amendment simply goes one step further in
protecting our communities from the turmoil surrounding the narcotics
conflict by facilitating the return of missing Americans to their loved
ones.
Mr. CONRAD. Mr. President, I rise to offer for the record, the Budget
Committee's official scoring of H.R. 2764, the Department of State,
Foreign Operations, and Related Agencies Appropriations Act for fiscal
year 2008.
The bill, as reported by the Senate Committee on Appropriations,
provides $34.2 billion in discretionary budget authority for fiscal
year 2008, which will result in new outlays of $17.1 billion. When
outlays from prior-year budget authority are taken into account,
discretionary outlays for the bill will total $33.5 billion.
The Senate-reported bill is at the subcommittee's 302(b) allocation
for budget authority and is $5 million below its allocation for
outlays.
The reported bill includes provisions that make changes in mandatory
programs--CHIMPS--that result in an increase in direct spending over
the 9-year period, 2009-2017. These provisions are subject to the point
of order established by section 209 of the 2008 budget resolution.
I ask unanimous consent that the table displaying the Budget
Committee scoring of the bill be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

H.R. 2764, DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED AGENCIES
APPROPRIATIONS, 2008
[Spending comparisons--Senate Reported Bill (in millions of dollars)]
------------------------------------------------------------------------
General
purpose
------------------------------------------------------------------------
Senate-Reported Bill:
Budget Authority......................................... 34,243
Outlays.................................................. 33,511
Senate 302(b) allocation:
Budget Authority......................................... 34,243
Outlays.................................................. 33,516
House-passed bill:
Budget Authority......................................... 34,243
Outlays.................................................. 33,201
President's Request:
Budget Authority......................................... 34,943
Outlays.................................................. 32,748

Senate-Reported Bill Compared To

Senate 302(b) allocation:
Budget Authority......................................... 0
Outlays.................................................. -5
House-passed bill:
Budget Authority......................................... 0
Outlays.................................................. 310
President's Request:
Budget Authority......................................... -700
Outlays.................................................. 763
------------------------------------------------------------------------

Mr. McCONNELL. Mr. President, I would like to reiterate my
longstanding opposition to any amendments or modifications to the
Mexico City policy, the Kemp-Kasten amendment, or any exceptions on the
use of funds as authorized in Public Law 108-25, the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003.
Some provisions related to these items are included in the State and
Foreign Operations Appropriations bill that the Senate is prepared to
pass, and I anticipate that if this language remains part of the final
measure, the bill will draw a veto threat from the administration.
Although I will support this bill in the spirit of moving this process
forward, I look forward to working with my colleagues and Members of
the House to ensure that the final version of the bill can be signed by
the President and does not undermine these critical pro-life and pro-
family provisions.
The PRESIDING OFFICER. The question is on engrossment of the
amendment and third reading of the bill.
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill was read the third time.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. DOMENICI. Mr. President, I had a question of the manager or the
ranking member. We have been waiting now a long time, and we have just
heard that things are settled. I am not sure anybody knows what that
means. I don't. I hate to ask other Senators if they do.
Might I ask, procedurally, does this mean when we finish this vote
tonight we are through?
Mr. LEAHY. Mr. President, if I might answer my friend, the senior
Senator from New Mexico, it is my understanding from the leadership
that this will be the final vote tonight. I understand the leadership
has scheduled something for tomorrow morning, but this will be the
final vote tonight.
Mr. GREGG. Mr. President, I would say if the Senator is suggesting we
adjourn sine die, I could support that.
Mr. LEAHY. Mr. President, I am advised by the leader there will be
one vote tomorrow at 10:15.
Mr. DOMENICI. On a different matter.
Mrs. BOXER. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
Mr. LEAHY. Mr. President, I ask unanimous consent that the Senate
insist on its amendment, request a conference with the House, and that
the Chair be authorized to appoint conferees.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill having been read the third time, the question is, Shall the
bill pass?
The yeas and nays have been ordered.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden),
the Senator from New York (Mrs. Clinton), the Senator from Connecticut
(Mr. Dodd), the Senator from Arkansas (Mrs. Lincoln), and the Senator
from Illinois (Mr. Obama) are necessarily absent.
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Idaho (Mr. Craig), and the Senator from Arizona (Mr. McCain).
The ACTING PRESIDENT pro tempore. Are there any other Senators in the
Chamber desiring to vote?
The result was announced--yeas 81, nays 12, as follows:

[Rollcall Vote No. 325 Leg.]

YEAS--81

Akaka
Alexander
Allard
Baucus
Bayh
Bennett
Bingaman
Bond
Boxer
Brown
Bunning
Burr
Byrd
Cantwell
Cardin
Carper
Casey
Cochran
Coleman
Collins
Conrad
Crapo
Dole
Domenici
Dorgan
Durbin
Feingold
Feinstein
Grassley
Gregg
Hagel
Harkin
Hatch
Hutchison
Inouye
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lott
Lugar
Martinez
McCaskill
McConnell
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Sanders
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Tester
Thune
Vitter
Voinovich
Warner
Webb
Whitehouse
Wyden

NAYS--12

Barrasso
Brownback
Chambliss
Coburn
Corker
Cornyn
DeMint
Ensign
Enzi
Graham
Inhofe
Isakson

NOT VOTING--7

Biden
Clinton
Craig
Dodd
Lincoln
McCain
Obama
The bill (H.R. 2764), as amended, was passed.
(The bill will be printed in a future edition of the Record.)

[[Page S11206]]

The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate insists on its amendments, requests a conference with the House,
and the Chair appoints the following conferees.
The Acting President pro tempore appointed Mr. Leahy, Mr. Inouye, Mr.
Harkin, Ms. Mikulski, Mr. Durbin, Mr. Johnson, Ms. Landrieu, Mr. Reed,
Mr. Byrd, Mr. Gregg, Mr. McConnell, Mr. Specter, Mr. Bennett, Mr. Bond,
Mr. Brownback, Mr. Alexander, and Mr. Cochran conferees on the part of
the Senate.
The ACTING PRESIDENT pro tempore. The Senator from Massachusetts.

____________________