[Congressional Record (Bound Edition), Volume 149 (2003), Part 13]
[Senate]
[Pages 17252-17277]
[From the U.S. Government Publishing Office, www.gpo.gov]




         FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEAR 2004

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to the consideration of S. 925, which the clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 925) to authorize appropriations for the 
     Department of State and international broadcasting activities 
     for fiscal year 2004 and for the Peace Corps for fiscal years 
     2004 through 2007, and for other purposes.


                           Amendment No. 1136

  Mr. LUGAR. Madam President, I send a substitute amendment to S. 925 
to the desk.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Indiana [Mr. Lugar] proposes an amendment 
     numbered 1136.

  Mr. LUGAR. Madam President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. Madam President, today the Senate will be considering S. 
925, the State Department authorization bill. During the last 4 months, 
the Senate Foreign Relations Committee has been working hard on issues 
related to the funding and operations of the State Department. We have 
held hearings on public diplomacy, embassy security, the role of the 
State Department in the war on terrorism, the nonproliferation programs 
overseen by the State Department, and the overall State Department 
budget. In numerous other hearings and briefings covering such issues 
as Iraq, North Korea, Afghanistan, and NATO, we have reviewed the vital 
role of diplomacy at this stage of our United States history.
  In our hearings and through our daily contacts with the State 
Department, the Foreign Relations Committee has witnessed the 
commitment and the skill of departmental personnel as they work to 
improve national security and our prosperity in increasingly difficult 
and often very dangerous circumstances.
  We have seen both the benefits of our successes and the consequences 
of our failures. We cannot expect diplomacy to succeed 100 percent of 
the time, but it is vital that our diplomats have the resources and the 
capabilities that will maximize their chances of success. That is the 
job of the Senate today. We must make certain that Secretary Powell and 
this Department have the tools they need to make our case convincingly.
  I wish to thank especially the ranking member of the Senate Foreign 
Relations Committee, Senator Joe Biden, for his strong support of this 
process and his leadership in foreign policy matters. We have agreed on 
the vast majority of provisions in this bill, and when we have 
disagreed, we have worked hard to bridge our differences and find 
bipartisan solutions with our colleagues.
  We have always shared the common goal of bringing good legislation to 
the

[[Page 17253]]

floor for the Senate's judgment. Senator Biden's commitment to this 
process and his innumerable contributions to the substance of this bill 
have been indispensable.
  After consultations with Senator Biden and the majority leader, we 
determined the Senate would best be served by adding the foreign 
assistance authorization bill, passed by the Foreign Relations 
Committee in May, to the State Department bill.
  Consequently, the substitute amendment that is the pending business 
contains the language of both S. 925 and S. 1161. Both bills passed in 
committee by votes of 19-0. I believe that this combination will give 
us a chance for a meaningful debate on foreign policy, while expediting 
the work of the Senate.
  At this time in our history we are experiencing a confluence of 
foreign policy crises that is unparalleled in the post-cold war era. 
Our Nation has lived through the September 11 tragedy, and we have 
responded with a worldwide war against terrorism. We have fought wars 
in Iraq and Afghanistan, where we are likely to be engaged in security 
and reconstruction efforts for years to come. We have been confronted 
by a nuclear crisis in North Korea that threatens U.S. national 
security and that could destabilize the entire northeast Asian region. 
We are continuing efforts to safeguard Russia's massive stockpiles of 
chemical, biological, and nuclear weapons and to prevent proliferation 
throughout the world. We have experienced strains in the Atlantic 
Alliance, even as we plan for its expansion. We are trying to respond 
to the AIDS pandemic in Africa and elsewhere, as well as help stabilize 
Colombia and preserve democracy in Venezuela.
  Despite these extraordinary international conditions that demand the 
constant attention of our Government, the State Department and our 
foreign assistance programs are still underfunded. Although President 
Bush and Secretary of State Powell have supported important funding 
increases for our foreign policy accounts during the last 2 years, we 
dug a deep hole for ourselves during the 1990s, when diplomatic 
capabilities were placed at the bottom of our spending priorities.
  From 1994 through 1997, for example, the Function 150 account, which 
funds State Department operations and foreign assistance, sustained 
consecutive annual real decreases of 3.6 percent, 5.6 percent, 11.4 
percent, and 1.5 percent. This slide occurred even as the State 
Department was incurring the heavy added costs of establishing new 
missions in the 15 states of the former Soviet Union. Relative to other 
spending priorities, we continue to disadvantage our diplomatic 
capabilities. As a percentage of discretionary spending, the 
international affairs account stands at about 3.4 percent in fiscal 
year 2003. This is the lowest percentage of discretionary funding 
devoted to international affairs in the past 2 decades. We are still 
conducting diplomacy on a shoestring in an era when embassies are prime 
terrorist targets and we depend on diplomats to build alliances; work 
with foreign governments to apprehend terrorists before they reach U.S. 
soil; and explain U.S. principles, values, and policies worldwide.
  In April, with the assistance of Senators Feinstein, Biden, DeWine, 
Hagel, Sarbanes, Chafee, Smith, Jeffords, Kennedy, and others, I 
offered an amendment to the Senate budget resolution that restored 
$1.15 billion to the 150 account. The amendment brought the 150 account 
up to the level requested by the President. The success of the 
amendment on this Senate floor, during a process when few amendments 
received favorable votes, illustrates the growing appreciation for and 
understanding of the role of Secretary Powell and the State Department. 
But we need to go further. We need to commit to a long-term course that 
assigns U.S. economic and diplomatic capabilities the same strategic 
priority that we assign to military capabilities.
  There is a tendency in the media and sometimes in this body to see 
diplomatic activities as the rival of military solutions to problems. 
We have to get beyond this simplistic formulation. We have to 
understand that our military and our diplomats are both instruments of 
national power that depend on one another. They both help shape the 
international environment and influence the attitudes of governments 
and peoples. They both gather information and provide expertise that is 
vital to the war on terrorism. And they both must be unsurpassed in 
their capabilities, if the United States is going to survive and 
prosper.
  Americans rightly demand that U.S. military capabilities by unrivaled 
in the world. Should not our diplomatic strength meet the same test? If 
a greater commitment of resources can prevent the bombing of one of our 
embassies, or the proliferation of a nuclear weapon, or the spiral into 
chaos of a vulnerable nation wracked by disease and hunger, the 
investment will have yielded dividends far beyond its cost.
  Both the State Department authorization bill and the foreign 
assistance authorization bill for 1-year authorizations. Given that the 
Foreign Relations Committee has many new members, the State 
Department's responsibilities are expanding, and world events are 
unpredictable, we decided that it would be wise to retain the 
opportunity for the committee and the Senate to revisit these bills 
next year after we have had some time to perform oversight.
  The State Department portion of this bill contains funding that 
covers the operating expenses for the department, embassy construction 
and security, education and cultural exchange programs, as well as 
other programs and activities. It also includes funding for: assessed 
contributions to international organizations required by treaty; 
international commissions and such centers as the Asia Foundation and 
the East-West Center; international broadcasting activities; refugee 
and migration assistance; and Peace Corps funding for 2004 through 
2007.
  The committee is recommending increases to the administration's 
request for the State Department of about $400 million, or roughly 4 
percent. These increases address needs that the Foreign Relations 
Committee identified as keys to U.S. success in this dangerous new 
century. They include: an additional $312 million for embassy 
construction that will allow groundbreaking this year for three new 
embassy compounds; approximately $8 million to increase the cap on 
hardship pay and danger pay for State Department employees; an increase 
of $8.9 million to restore cuts in international broadcasting to 
Eastern and Central European nations; the restoration of $25 million 
that was cut for SEED and Freedom Support Act funding to Central Europe 
and the Balkans; and an additional $30 million to strengthen public 
diplomacy and international exchanges with the Islamic world.
  In addition, in committee, individual members offered amendments on 
such important issues as international support for a successor regime 
in Iraq, U.S. policy toward Haiti, and U.S. policy regarding 
recognition of a Palestinian state. A detailed listing of other issues 
covered and policy recommendations made by the Senate Foreign Relations 
Committee in this bill are contained in the committee report.
  As our committee undertook an in-depth study of State Department 
needs, we simultaneously examined our foreign assistance programs and 
their evolving role in U.S. humanitarian and national security efforts. 
As I indicated, in May, we passed a foreign assistance authorization 
bill by a 19 -0 vote.
  The committee held hearings on U.S. foreign assistance in six 
strategic regions of the world: the Near East, South Asia, East Asia, 
Eurasia, the Western Hemisphere, and Africa. In other hearings we 
explored numerous topics related to foreign assistance, including 
global hunger, reconstruction in Iraq and Afghanistan, and President 
Bush's vision for a new Millennium Challenge Corporation.
  In the hearings, we learned how the administration's 2004 budget 
request would support U.S. foreign policy interests. Those hearings 
were very informative, and I again want to express my appreciation to 
the subcommittee

[[Page 17254]]

chairs and ranking members who conducted them, as well as to all 
Senators who participated.
  This was only a first step. Since the mid-1980s, Congress has not 
fulfilled its responsibilityb to pass an Omnibus Foreign Assistance 
Act. Several discrete measures, such as the Global AIDS bill, the 
Freedom Support Act, and the Support for Eastern European Democracy, 
SEED, have been enacted.
  But in the absence of a comprehensive authorization, much of the 
responsibility for providing guidance for foreign assistance policy has 
fallen to the Appropriations Committees. The appropriators have kept 
our foreign assistance programs going, but in many cases, they have had 
to do so without proper authorization. In most years, the Foreign 
Relations Committee did pass a State Department authorization bill, but 
that bill only authorizes about 35 percent of the function 150 account. 
To fund the remaining accounts, appropriators frequently had to waive 
the legal requirement to appropriate funds only following the passage 
of an authorization bill.
  There is no single reason why the Congress has failed to pass a 
comprehensive foreign assistance authorization bill for so long. But we 
all recognize the difficult legislative task involved. As a general 
spending item, foreign assistance rarely is high on the list of 
constituent priorities. Yet specific provisions in foreign assistance 
bills have often raised political emotions. Thus, comprehensive foreign 
assistance bills have contended with the most difficult of legislative 
circumstances--they have generated seemingly intractable political 
disputes, while lacking an overriding legislative payoff.
  We must stop thinking in conventional political terms. Passing a 
comprehensive foreign assistance bill is good politics, as well as good 
policy. It is good politics because it underscores the leadership of 
this Senate at a time when our country is in great peril. It is good 
politics because foreign assistance is an instrument of national power 
in the war on terrorism. It is good politics because it recognizes that 
our standard of living, the retirements of our parents, our children's 
educations, advancements in our health care, and the security of 
Americans depend on winning the war on terrorism.
  With this in mind, Senator Biden and I, with the support of the 
majority leader, bring the Foreign Assistance Authorization Act to the 
floor in tandem with the State Department authorization bill.
  The Foreign Assistance bill before you authorizes funding levels for 
most of the foreign operations accounts within function 150 for fiscal 
year 2004. The committee took as a starting point the request submitted 
by the President last February. The executive branch has been working 
with our embassies around the world for many months to develop accurate 
budget numbers.
  As I previously mentioned, the Foreign Relations Committee worked 
closely with the Budget Committee on maintaining the President's 
requests for the 150 account. I note this to highlight the fact that we 
have sought to work within the rules to achieve the overall funding 
levels that are before us today. Many members of the committee, 
including myself, would like to have more funding available. But I am 
hopeful that members will respect the budget process and the decisions 
that were made earlier in the year.
  With respect to the foreign assistance authorization, the committee 
made relatively few changes to the dollar amounts requested by the 
President. We provided a $70 million increase for the Freedom Support 
Act, a $40 million increase for the Support for Eastern European 
Democracy Act, a $15 million increase for development assistance, a $6 
million increase for peacekeeping operations, and a $100 million 
increase for the Non-proliferation, Anti-terrorism, Demining and 
Related Programs account. The additional funds in the Account would be 
used to safeguard and hasten the destruction of weapons of mass 
destruction. They also would provide $15 million for a new initiative, 
The Radiological Terrorism Threat Reduction Act of 2003, contained in 
title IV of the bill. This legislation authorizes the State Department 
to provide contributions and technical assistance to the IAEA to deal 
with the dirty bomb threat. The bill is the result of a cooperative 
effort between Senator Biden and myself, as well as Senator Domenici. I 
want to thank Senator Biden for his leadership, going all the way back 
to the hearings he held in 2002 on this issue.
  On the other side of the ledger, we have reduced funding for two of 
the President's requested programs. The Millennium Challenge 
Corporation has been reduced from $1.3 billion to $1 billion. This is 
not an expression of doubt about the MCC concept. Rather, the reduction 
is based on the judgment that the MCC will require time to become 
established and may not be able to efficiently distribute the entire 
$1.3 billion request in the first fiscal year. The $300 million has 
been deferred until the next fiscal year when the MCC would be in a 
better position to spend it. We also have made a small cut in the 
Andean counter-drug initiative. It has been reduced from $731 million 
to $700 million--the amount appropriated in the previous fiscal year. 
In addition, we have authorized 2 new contingency funds at the request 
of the President--the Complex Foreign Crises Fund and the Famine Fund. 
But we have not authorized specific amounts for these Funds.
  Finally, I would like to address the Millennium Challenge 
Corporation. For those Senators who have not studied this concept, it 
is a bold proposal by President Bush to provide a new model for U.S. 
foreign assistance programs. A compromise version of the Millennium 
Challenge Corporation bill is included in the substitute before us.
  Our foreign assistance must be aimed at both humanitarian objectives 
and goals that aid in the fight against terrorism over the long run. 
These include strengthening democracy, building free markets, and 
encouraging civil society in nations that otherwise might become havens 
or breeding grounds for terrorists. We must seek to encourage societies 
that can fulfill the aspirations of their citizens and deny terrorists 
the uncontrolled territory and abject poverty that the terrorists use 
to their advantage. To do this, all of us should begin to think about 
foreign assistance as a critical asset in the long-term war on 
terrorism.
  This process will require us to ask how nations develop political 
stability and economic momentum and how they become good international 
citizens that contribute to the peace and prosperity of the world 
community. The Millennium Challenge Corporation has been proposed on 
the assumption that we do know some of the answers. We believe that 
successful societies cannot be built without good leadership, economies 
based on sound market principles, and significant investments in health 
and education. By establishing firm criteria to measure and reward the 
progress of low-income nations in these areas, the MCC can provide a 
powerful incentive to foreign governments to embrace and sustain 
reform.
  The Senate Foreign Relations Committee strongly supported the basic 
premise of the MCC and applauded the President's personal commitment to 
the concept. However, members came forward with differing proposals on 
the organization and bureaucratic status of the MCC. The committee 
passed a version of the MCC that differed substantially from the 
President's initial vision.
  Since that time, Senator Hagel, Senator Biden, and myself have sought 
to construct an efficient format for this concept that would be 
supported by the White House while meeting the concerns of our 
committee. These talks were difficult, but they also were a positive 
indication of the interest in the ultimate success of the MCC. I 
believe that we have succeeded in constructing a good compromise. 
Everyone gave up something to move the bill forward. Senator Biden and 
Senator Hagel will be addressing the Senate on their views toward the 
MCC, and I am sure that they will outline some concerns and 
reservations. I want to thank both of them for their willingness to be 
flexible and their contributions during this process.

[[Page 17255]]

  I would note that the White House also was instrumental in concluding 
this compromise. The administration has endorsed Senate passage of the 
the Lugar-Hagel version of the MCC.
  Our MCC compromise creates the needed ingredients for inter-agency 
coordination, a top priority among a majority on the committee. It puts 
the MCC under the authority of the Secretary of State and has the chief 
executive officer report to the Secretary. But it does not determine 
the integrity of the President's concept. It gives the MCC the same 
autonomous status as the US Agency for International Development with 
the right to manage itself, hire staff, and create its own new culture. 
It mandates coordination between the MCC and USAID in the field and 
gives USAID the primary role in preparing countries for MCC 
eligibility.
  I believe our MCC approach is the right plan at the right time. It 
provides a way to focus single-mindedly on economic development that is 
results-based and meets clear benchmarks of success. We can have the 
coordination we seek while also insulating it from short-term political 
considerations so that it can focus on the long-term benefits of 
widening the universe of countries that live in peace and look to a 
prosperous and stable future.
  I would like to notify members that I will be offering a managers' 
package of amendments and will be asking unanimous consent that it be 
adopted. As part of that package, Section 204 of S. 925 will be deleted 
from our bill because it has been included in the defense authorition 
bill. I would like to express appreciation to Senator Warner, the 
distinguished chairman of the Armed Services Committee, for his help on 
that matter.
  The other amendments in the managers' package are technical in 
nature, clarifying original intention, or correcting errors.
  I am looking forward to the debate on this bill and the constructive 
contributions of our Members at this important time in our Nation's 
history.
  The PRESIDING OFFICER. The Democratic leader.


    ACCELERATING THE INCREASE IN THE REFUNDABILITY OF THE CHILD TAX 
                       CREDIT--MOTION TO PROCEED

  Mr. DASCHLE. Madam President, first, I compliment the distinguished 
chair of the Foreign Relations Committee for his work on this omnibus 
piece of legislation. I intend to support it. I admire the work that 
has been done. I notice Senator Hagel is in the Chamber, and Senator 
Feingold. They and Senator Biden have really done yeoman work bringing 
us to this point. The MCC, foreign aid legislation, in addition to the 
State Department authorization bill, represents a tremendous amount of 
work and effort to get us to this point. I look forward to the debate.
  Having said that, however, I must rise to express my frustration on 
an unrelated matter. I want to call to the attention of my colleagues 
the fact that it has now been a month since the Senate passed 
bipartisan legislation, 94 to 2, to rectify a problem that we all 
agreed should be fixed. I am referring to the 12 million children, and 
over 6 million families, that were excluded from legislation we 
recently passed and signed into law providing tax relief to American 
families.
  Shortly after the exclusion was noted, the President admonished the 
Senate and the House to solve this problem as quickly as we can because 
we were bumping up against a deadline.
  I recall all the speeches on the Senate floor. Republicans and 
Democrats came to the floor and said: Yes, we have to change this. Yes, 
we have to recognize that by July 25th all of this must be done. Yes, 
when all of these checks go out and relief is provided to everybody 
else, we should not be leaving out these 12 million children or these 6 
million families. Let's resolve it. Let's do it. We said unequivocally 
that we were going to resolve this by the 25th of July.
  Here we are, well into the second week of July, just a matter of a 
couple of weeks to go before the 25th is here, and yet there is no 
action. We keep promising. We keep hearing the promises made by others. 
The fact is, nothing has been done.
  I think it is important for us, once again, to light a fire, to 
reignite it, to state again our determination to see that this is going 
to be done, to see that these people are not left out, to ensure that 
we address this issue as we all promised we would do just a month ago.
  While I want to get on with this bill and while I want to be as 
supportive as I can to assure that the very distinguished chair of the 
Foreign Relations Committee can move this legislation along, I simply 
believe it is time for us, once again, to restate our determination to 
solve this problem. We do not need any time. We can have the vote just 
as we had it before and complete our work on it. But I do think it has 
to be done prior to the time we get into the real, legitimate debate 
and discussion about the many worthy aspects of the bill the 
distinguished chair has laid down.
  So, Madam President, at this time I move to proceed to S. 1162, the 
child tax credit bill, in order for us to accomplish that task first.
  Mr. LUGAR. 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. HAGEL. Madam President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  Mr. HAGEL. Madam President, I ask unanimous consent I be allowed to 
speak for not more than 10 minutes on the pending legislation, to be 
followed by the distinguished Senator from Wisconsin for 20 minutes.
  The PRESIDING OFFICER. Is there objection?
  Mr. FEINGOLD. Madam President, if I could ask, when I am recognized, 
that my statement be as in morning business, rather than as part of 
this subject.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
Senator from Nebraska.
  Mr. HAGEL. Madam President, I thank my friend and colleague from 
Wisconsin.
  I rise this afternoon to support the legislation that the chairman of 
the Senate Foreign Relations Committee has brought to the Senate floor 
today. I also wish to acknowledge his strong leadership, along with 
that of the distinguished ranking minority member, Senator Biden. They 
have done a particularly effective job at a historic time in the 
history of this country and the world. This country, the world, and 
this body will continue to look to their leadership as we go forward 
into the next challenging year.
  I also rise this afternoon to support the Lugar-Hagel compromise 
regarding authorization for expanded development assistance through 
President Bush's initiative to establish the Millennium Challenge 
Account--MCA, as the distinguished Chairman mentioned, as part of the 
substitute to the Foreign Relations Authorization bill which is now 
before the Senate.
  America faces no greater challenge in the world today than assisting 
global development and helping eliminate poverty. The security and 
prosperity of America and our allies cannot be disconnected from 
stability in the developing world. There are approximately 6.3 billion 
people in the world and roughly half of them live on less than $2 per 
day. An estimated 2.4 billion of them are 19 years old or younger.
  The next generation hangs in the balance. Global threats and 
connections to terrorism, weapons of mass destruction, poverty, 
despair, oppression and infectious disease are not always apparent, but 
this combination of threats presents complex challenges for America and 
her allies. Global economic development is a shared interest and must 
be a shared responsibility.
  The Millennium Challenge Account represents a significant new 
direction in economic development. Linking American development 
assistance to good governance, democracy, human rights, transparency, 
and rule of law, will help support the transition to more stable and 
democratic political systems in the developing world.

[[Page 17256]]

  The Lugar-Hagel compromise on Millennium Challenge assistance 
addresses the concerns of myself, Senator Biden, and some of my 
colleagues on the Senate Foreign Relations Committee regarding the 
organization and management of the Millennium Challenge Corporation, 
the new agency that will be established to administer this program.
  There was unanimous support in the committee for the goals of the 
President's program--the innovative evaluations and indicators that 
will be used to assess a country's eligibility for assistance, and the 
need for more funding for economic development. But I shared the 
concern of Senator Biden and other colleagues that this initiative 
should complement and expand, not constrain or complicate, the 
authority of the Secretary of State to manage foreign assistance.
  This is a particularly critical time in the history of our Country 
and the world.
  Given the many challenges we face in the world, the secretary's role 
as America's chief diplomat must not be undercut or compromised. The 
Lugar-Hagel compromise places the management of the MCA directly under 
the authority of the Secretary of Sate, who chairs the board of the 
corporation.
  We have the potential to bring a new dynamic to American government 
interagency cooperation and coordination on economic development on a 
large scale. The board of the Millennium Challenge Corporation, chaired 
by the Secretary of State, would also include the Secretary of the 
Treasury, the USAID Administrator, and the U.S. Trade Representative, 
as well as the CEO of the corporation, who will report directly to the 
Secretary of State. This type of coordination, if managed properly, 
will bring new energy and creativity to our development programs.
  America remains the world's indispensable leader in working with 
others to help promote global stability and prosperity and help 
eradicate poverty and disease. We need to do more. We will do more. And 
we need to do it better, smarter and wiser in meeting the challenges of 
global poverty.
  That means our programs and the management of those programs must be 
more efficient and accountable. Establishing the Millennium Challenge 
Account is clearly in the interest of the United States. Millennium 
challenge assistance can play a creative and important role in helping 
shape a new approach to development policy.
  Global development is not a zero-sum game.
  As economies stabilize and grow, the citizens of those countries 
prosper, as well as citizens from all countries. Trade-based growth is 
the most effective approach to long-term economic stability and 
prosperity. America's development policies should reflect these 
economic development fundamentals.
  America's credibility will much depend on our ability to continue to 
assist the developing world. Our power and influence is not defined 
solely by our military might. President Bush's Global AIDS initiative, 
his trip to Africa, and the MCA proposal all reflect dynamic and new 
commitments to security and development.
  September 11, 2001 reminded Americans that we face a dangerous world 
with complex connections and enormous responsibilities for U.S. 
leadership. The world is inter-connected. Global development, 
prosperity and stability are directly connected to America's future.
  I urge my colleagues to join Senator Lugar, myself, and others in 
supporting this compromise management approach to the Millennium 
Challenge Assistance program.
  As the chairman of the Senate Foreign Relations Committee indicated, 
this approach, this amendment, this compromise, is also being supported 
by the White House and the State Department.
  I thank the Chair. I yield the floor.
  The PRESIDING OFFICER (Mr. Chafee). The Senator from Wisconsin is 
recognized.
  Mr. FEINGOLD. Mr. President, I ask unanimous consent to speak as if 
in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Mr. Feingold are printed in today's Record under 
``Morning Business.'')
  Mr. FEINGOLD. Mr. President, I thank the chairman for allowing me to 
speak at this point and for the excellent experience of serving on the 
committee during his tenure as chairman.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. Mr. President, I commend the distinguished Senator from 
Wisconsin for his extraordinary leadership as subcommittee chairman and 
ranking member over a number of years and his eloquent and important 
statement on Africa today.
  In a moment, the majority leader will be on the floor, and Members 
will want to take note that a rollcall vote is likely to occur sometime 
around 2 p.m. The leader will explain the situation. In the meanwhile, 
I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. FRIST. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Order of Procedure

  Mr. FRIST. Mr. President, I understand the Democratic leader has made 
a motion to proceed to a bill on the calendar regarding the child tax 
credit and that the motion is pending.
  As my colleagues know, we have been considering critical legislation 
regarding the State Department reauthorization and are ready to proceed 
with that debate. The child tax credit bill is currently in conference. 
That conference is underway. We need to allow the conferees the 
opportunity to work through the regular order and reconcile the 
differences between the House and Senate bills. Meetings are underway. 
We will be meeting later today on the very important issue of the child 
tax credit. Therefore, in order to allow the process to move forward on 
that issue and to allow us to return to the important pending 
legislation, I now move to table the motion to proceed and ask that the 
vote occur at 2 p.m. today and further that the pending motion be set 
aside until that time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FRIST. I ask for the yeas and nays on the motion to table.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be.
  The yeas and nays were ordered.
  The PRESIDING OFFICER (Mr. Hagel). The Senator from Delaware.
  Mr. BIDEN. Mr. President, I am pleased to join Chairman Lugar in 
presenting the Foreign Relations Authorization Act for fiscal year 
2004. As the chairman has described, we will soon submit a substitute 
amendment consisting of the text of three bills: S. 925, the Foreign 
Relations Authorization Act as reported out of committee in April; S. 
1161, the Foreign Assistance Authorization Act, as reported out of 
committee in late May; and thirdly, a bill authorizing a new program, 
the Millennium Challenge Account which was initiated by the Bush 
administration in March of 2002. This program was authorized by the 
committee in legislation also reported in May. Since then, further 
discussions have occurred between myself, Senator Hagel, and the 
chairman which the chairman has already described. I will return to 
that subject in a few moments.
  All three bills received unanimous support from the Committee on 
Foreign Relations. The markups of these bills were not at all 
contentious and, quite frankly, didn't last very long. Their easy 
passage in committee is a testament to the bipartisan approach the 
chairman is developing on this legislation and the committee as a 
whole. The chairman has already summarized the provisions of the 
substitute amendment. Let me join him in highlighting a few of the key 
points.
  First, the bill provides the President's budget request for the 
Department of State, and it does more. We increase the authorization 
for several programs where we believe the budget request is inadequate, 
such as embassy security, international exchanges, public diplomacy, 
and in certain foreign

[[Page 17257]]

aid accounts, including programs devoted to nonproliferation 
activities. If we are going to send people overseas to advance American 
interests, we have to protect them. We have to give them the tools to 
do the job. That is what we attempt to do here.
  Second, the bill authorizes establishment of a Middle East television 
network. In recent years, the Broadcasting Board of Governors has done 
an incredible job in reviving our radio broadcasting in the region. 
Radio Sawa now is, if not the most popular, one of the most popular and 
oft-listened-to programs in the region. I would note parenthetically 
that as we struggle to make our case known in the Middle East, we have 
to understand who our target is. You have the vast majority of the 
people, for example, in Iran under the age of 18. You have the vast 
majority, 60 percent of the folks in the Arab world, under the age of 
18. We have a very young audience, an audience that if we don't begin 
to get the U.S. message across, in light of what they are being fed 
now, these young pages sitting here who make the Senate run, they are 
going to, when they get to be my age, inherit the whirlwind. They will 
have a gigantic problem.
  The television network is a new undertaking that I and others have 
been pushing for some time. It is a new undertaking for the U.S. 
Government in broadcasting but one that I believe is clearly worth 
trying. Most people in the Middle East get their news from television. 
Three of us, the Presiding Officer, the chairman and I, returned a week 
or so ago from Baghdad. One of the things we found out was our case has 
not even been made there. We control the television de facto right now, 
and we are on, unless something changed in the last week, at least 4 
hours a day with the most bland broadcasts. It is not but it seems that 
it is straight out of the public information department of one of the 
agencies in the Federal Government. We have to figure out a way to get 
Iraqis on television 12, 14, 18 hours a day explaining 
straightforwardly what is going on over there.
  The Iraqi people right now are in 123 degree weather. They have no 
electricity and they are wondering why Uncle Sam, who could defeat 
their great Satan Saddam Hussein in such a short time, rout his vaunted 
army and Republican Guard and fedayeen, can't get everything up and 
running immediately for them.
  They think like most folks in that difficult region of the world that 
there must be some plot. What they don't know is--and we are not 
broadcasting it--that all our efforts--not all--are being sabotaged, 
literally blown up, blowing up the grids, blowing up the powerplants. 
They are blowing up the oil pipelines.
  So one of the larger points about the television network is we have 
to be in the game. We have to be in the game to be able to try to get 
our points across in a region where we don't get a very fair shake.
  Third, the bill authorizes expanded international exchanges with the 
Muslim world, including high school exchange programs, modeled on a 
successful effort that has been in place with Russia and the newly 
independent states for some time now, and it is successful. There are a 
lot of avenues for reaching out to the Muslim world, and face-to-face 
exchanges are one of the best ways to be able to have impact on opening 
people's minds.
  In the foreign assistance portion of the bill, let me call attention 
to two provisions--the Radiological Terrorism Threat Reduction Act and 
the Global Pathogen Surveillance Act. My friend from Indiana, the 
chairman, may be quietly smiling at me for taking these two and 
focusing on them because they are two proposals that I put forward. But 
I thank him for concluding they had merit and seeing to it they are in 
the bill.
  I developed these bills over the past year to address the threat of 
possible radiological terrorism and bioterrorism. The bill on 
radiological terrorism would address the threat posed by radiological 
dispersion devices, colloquially known as dirty bombs. Most people 
listening to this do not understand when we talk about dirty bombs. A 
lot of people think it is a nuclear device, a homemade nuclear device. 
That is of consequence, but the dirty bomb can cause incredible 
economic dislocation, although it is not likely to kill a lot of 
people. It is taking radioactive material and packing it around 
conventional explosives and blowing it up and ending up making the area 
in which it is dispersed have a level of radiation that exceeds what is 
safe in the minds of the EPA and scientists for people to be engaged 
in. But it is not going to kill a lot of people if one went off, God 
forbid, in the Mall, which is not far from here. But it is a clear and 
present danger and a concern.
  The Global Pathogen Surveillance Act is the second piece of 
legislation which authorizes $35 million in assistance for fiscal 2004 
for developing nations to improve their efforts to detect, track, and 
contain disease outbreaks.
  As the SARS epidemic has demonstrated, viruses and pathogens do not 
respect national borders. Without a quick diagnosis of a biological 
attack or a rapid recognition of suspicious patterns of diseases, and 
fast transmission of that information, we can see that an epidemic can 
spread very rapidly by getting people heading out of an airport not 
knowing they were exposed.
  In dealing with dirty bombs and dangerous pathogens, it is in our 
national interest to help other nations contain these threats before 
they get to our shores--threats that do not respect national borders. 
This legislation does that. It helps them set up infrastructures to be 
able to have their public health systems go out and identify the 
existence of these pathogens. One of the things we know about SARS--and 
the criticism of the Chinese is they didn't acknowledge what was 
happening quickly enough. They didn't put in place quickly enough a 
national system to contain it. You have to know the problem before you 
can warn people of its existence. Many of these countries--a vast 
portion of them--do not have a public health infrastructure to be able 
to do this. This helps them; it is a small start of $35 million for 
that effort.
  Finally, let me say a few words about the millennium challenge 
account. The President deserves, in my view, credit for proposing a 
significant increase in foreign aid, and requiring that such assistance 
be targeted to selected countries which meet certain performance 
criteria. I will acknowledge on the floor what both of my colleagues 
here know. I was skeptical of whether or not the performance criteria 
were really a way to avoid delivering foreign aid or a way to identify 
what we know is important. When we give foreign assistance to a country 
that, for example, is a democracy, as opposed to a dictatorship, we 
know that aid is more likely to meet its desired end and be used in a 
way that is efficacious than when we give it to a country that has no 
standards, so that we can determine how the money is being dispersed. I 
have become convinced for some time now that--and this is a President 
who, historically, I am told has been opposed to foreign aid per se, 
and some of his predecessors share his view--this is actually a way to 
increase not only our contribution in foreign assistance but also its 
efficacy. When we spend a dollar, we will get a dollar's worth of 
benefit--not us, but the people who get it for the expenditure.
  We have learned over the last several decades that providing foreign 
assistance is important. We have learned a lot. One thing we know is 
that assistance works best in countries that get the basics right, 
countries that invest in the health and welfare of their people, have a 
relatively democratic system and an economic system that is open and 
transparent. That is what this millennium account is about--making sure 
that more money goes to places that will be able to use it well.
  Where the administration has taken the wrong turn, in my view, is 
with this proposal to establish a new governmental agency to administer 
this program. Five years ago, under the leadership of our friend and 
former colleague, Senator Helms, Congress abolished two foreign policy 
agencies, the

[[Page 17258]]

Arms Control and Disarmament Agency and the U.S. Information Agency, 
and merged them into the State Department. The legislation enacted in 
1998 also gave the Secretary of State more authority to supervise 
operations of agencies; in particular, the Agency for International 
Development, so-called AID. I supported that initiative as did I think 
both of my colleagues here.
  The President's proposal, the Millennium Challenge Account, in my 
view, is directly contrary to the decision Congress made 5 years ago 
about how we should organize. It would create a new agency to be 
located outside the State Department and outside the Agency for 
International Development. In my view, it would weaken the authority of 
the Secretary of State to coordinate all foreign assistance. I find it 
ironic that a Republican President would seek to expand the 
Government's foreign policy bureaucracy, just a few years after 
Congress voted to reduce the size of that same bureaucracy.
  During the committee markup on this bill, the Presiding Officer, 
Senator Hagel, and I offered an amendment with the very powerful case 
he made, which the committee adopted by an 11-8 vote, to prevent the 
establishment of such an agency. Instead, the Hagel-Biden amendment 
gave the Secretary of State the authority to coordinate this new 
program consistent with the 1998 Helms reorganization legislation that 
passed. The administration responded by threatening a veto if the 
Hagel-Biden amendment were to survive in conference. I must say I don't 
find that veto threat very credible. It is easy for me to say, since I 
am not the chairman. There is a degree of sensitivity that increases 
when you are the ranking member and it is a President of your own 
party. I have been there. So I am sure my friend believes that veto 
threat is much more credible than I think it is. But that is pure 
conjecture. The reason I am doubtful is the President has yet to veto a 
bill--I would be shocked if he would veto this whole bill over that one 
issue. But that is a matter of subjective interpretation.
  Subsequent to our markup and this veto threat, the chairman developed 
a compromise text that meets Senator Hagel and me part of the way. It 
retained the provision establishing a new agency, but it does do some 
good, in my view. It gives the Secretary of State greater authority 
over the agency by having its chief executive officer report to the 
Secretary of State, just as the AID administrator reports to the 
Secretary.
  That is an improvement, but it still contains a fatal flaw, and that 
fatal flaw is the new agency, in my view. Moreover, it adds to the 
confusion by having the head of the agency report to the Secretary of 
State, but then assigns several of its critical functions to a five-
member board on which the Secretary of State is only one of those five 
members and dispersing this aid through the millennium account.
  Reluctantly, I will go along with this compromise proposed by the 
chairman. I still believe it is a mistake to create a new agency, and 
if things were to change, and if by the grace of God and the good will 
of the neighbors my party took over the Senate again, and if I were 
chairman of this committee, I must put everyone on notice that I will 
try to eliminate that agency and try to put it back in the State 
Department because I think it is a mistake. But I want to deal in full 
disclosure here.
  I am going along with it because, quite frankly, the option is not 
particularly acceptable. The option is not have the agency, not have 
the money, not have the increased foreign aid, which I think is not a 
rational option.
  If this legislation is enacted, as I said, I reserve my right to 
fight another day to attempt to reverse the decision. But based on the 
way things are going, I do not think anybody should get too worried if 
you think having a separate agency is a good idea.
  I have acceded to the desire of the chairman in order, as I said, not 
to let the bill get bogged down on this organizational issue. I agree 
Congress should move forward and improve this important initiative, but 
in the coming months, the President's proposal will be put to the test 
relatively quickly. In announcing this initiative, the President 
pledged to increase foreign assistance above and beyond current aid 
budgets; in other words, not to sacrifice current programs. This is not 
we take away from here to give to foreign aid. It is to increase 
foreign aid and maintain our commitment on other programs as well.
  I must tell my colleagues, I am starting to doubt the President will 
be able to deliver on that commitment. The allocations of the foreign 
operations appropriations account for fiscal year 2004 in the other 
body, the House, is abysmally low, in my view, just $17.1 billion, a 
reduction of $1.7 billion below the President's request. The 
allocations in this body, in the Senate, are better, $18.1 billion, but 
still three-quarters of a billion dollars below the President's 
request.
  Even the bill before us falls short. It authorizes $1 billion in 
fiscal year 2004 and increases to the $5 billion level by 2006. But for 
this fiscal year, it is $300 million below the President's request.
  Again, this is not a criticism of the chairman. He made a very valid 
point. We have not passed an authorization bill in a long time, and we 
did pass a budget with which I did not agree. I voted against the 
budget resolution, but the majority of the U.S. Senate voted for it. 
The chairman's argument is we must stay within that budget to have 
credibility in order to get the requisite number of votes to do 
something we have not done in a long time: pass an authorization bill.
  The fact is, we are below the President's request because of being 
constrained by the budget guidelines we passed, and the House is way 
below it, $1.7 billion. According to press reports, the Vice President 
of the United States was involved in negotiations with the House 
leadership over House allocations. If that is true, it does not look to 
me as if the administration is working very hard to support this 
millennium challenge account. Again, as the old saying goes, the proof 
of the pudding will be in the eating. We are going to know very soon, 
God willing.
  It is beyond my comprehension how the Congress will adequately fund 
the millennium account, keep our commitment to $3 billion a year to 
HIV/AIDS assistance, and not reduce any current programs. I seriously 
doubt it can be done, but I sincerely hope I am proven wrong on that 
score.
  The burden, in my view, is on the President and the majority in 
Congress in both Houses to deliver on the President's promise. Just as 
the United States will demand accountability for countries that become 
eligible, the rest of the world is waiting to see if we will fulfill 
the President's commitment that has been widely circulated at the G-8, 
widely circulated in every international forum, and I think we will be 
making a gigantic mistake if we do not meet the President's commitment.
  Mr. President, I yield the floor. I thank the chairman, and I believe 
we are ready to consider amendments. I see Senator Brownback is in the 
Chamber. It is my understanding Senator Brownback may start, but we are 
going to, at 2 o'clock, have a vote and then go back to Senator 
Brownback.
  I thank the chairman for his diligence, for his courtesy, and for his 
leadership in getting us to this point.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. Mr. President, in the absence of the Senator from 
Delaware, I congratulated and commended him earlier on for his work as 
former chairman of the committee and one who has worked so closely with 
the chair and with myself on the MCA and so many other issues. I deeply 
appreciate that. That is the reason we are at this point.


                Amendment No. 1139 to Amendment No. 1136

  Mr. LUGAR. Mr. President, I send a managers' amendment to the desk, 
and I ask unanimous consent that it be adopted.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The bill clerk read as follows:

       The Senator from Indiana [Mr. Lugar], for himself and Mr. 
     Biden, proposes an amendment numbered 1139.

  (The amendment is printed in today's Record under ``Text of 
Amendments.'')

[[Page 17259]]

  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 1139) was agreed to.
  Mr. LUGAR. I thank the Chair. Senator Brownback is in the Chamber, 
and he has amendments to offer. I am hopeful he might be recognized.
  The PRESIDING OFFICER. The Senator from Kansas.
  Mr. BROWNBACK. Mr. President, I thank Senator Lugar for his 
outstanding leadership on this bill and on the issues of foreign 
affairs. He has done a fabulous job, as has Senator Biden, the ranking 
member.
  I also thank Senator Biden for the tremendous eulogy he gave about 
Strom Thurmond at the funeral in South Carolina last week. The Senator 
really did us very proud with his representation of this body and his 
relationship with Strom Thurmond. It was a touching event. His eulogy 
of Strom Thurmond was beautiful. I heard a number of people comment 
about it. It was very nice of him to do that. It was very nicely done.
  Mr. BIDEN. Mr. President, I thank my colleague. It was a great honor 
for me to participate.


                Amendment No. 1138 to Amendment No. 1136

  Mr. BROWNBACK. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from Kansas [Mr. Brownback] proposes an 
     amendment numbered 1138.

  Mr. BROWNBACK. 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 allow North Koreans to apply for refugee status or asylum)

       At the end of title VIII, add the following:

     SEC.  . TREATMENT OF NATIONALS OF THE DEMOCRATIC PEOPLE'S 
                   REPUBLIC OF KOREA.

       For purposes of eligibility for refugee status under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157), or for asylum under section 208 of such Act (8 U.S.C. 
     1158), a national of the Democratic People's Republic of 
     Korea shall not be considered a national of the Republic of 
     Korea.

  Mr. BROWNBACK. Mr. President, this is a simple amendment. I wish to 
spend a little bit of time talking about it, but it is quite 
straightforward, it is very important, and it is quite timely.
  This amendment regards North Korean refugees and their seeking of 
refugee status in the United States. It is a one-paragraph amendment. 
Succinctly put, this will allow the United States to accept as refugees 
North Koreans who are fleeing North Korea and accept them as refugees 
into the United States. There currently is a legal dispute as to 
whether they can be accepted as refugees into the United States. The 
reason is because when you are born on the Korean peninsula, under the 
South Korea Constitution, they are automatically citizens of South 
Korea. Under our law, if you go to another country, you can go there 
and not seek refugee status here.
  There are exits of massive proportions taking place out of North 
Korea today. We do not know how many. Some have guessed it is as low as 
30,000 and as high as 300,000 North Koreans currently outside North 
Korea and in China living off the land. South Korea really cannot be 
expected to take all of these refugees who are fleeing China.
  It would be an important statement, an important gesture of the 
United States to be willing to accept North Koreans who are fleeing as 
refugees into the United States. We can talk about how many at a later 
time. This seeks to clarify the legal dispute right now so they can be 
accepted.
  The reason I say it is important right now is because currently, at a 
British consulate in China, there are four North Korean refugees 
seeking refugee status in the United States, and they are being denied 
that status of coming to the United States.
  I think it is very important that they be allowed to come here as a 
statement of our support for freedom and liberty and against the 
tyranny of Kim Jong-il and his regime. The story of the North Korean 
people is one of the saddest tales on Earth, of hunger and fear and 
desperation. Isolation, indoctrination, torture, and arbitrary 
executions are the means to keep North Korean leader Kim Jong-il and 
his circle of cronies in power, and they exercise this authority and 
abuse that enormously.
  Just the other day, the Financial Times reported on the lavish 
lifestyle of the North Korean tyrannical dictator saying that while Kim 
kept a private chef flown in from Japan to prepare his meals:

       His people were forced to consume . . . tree bark, grass 
     and insects to stave off starvation.

  The wretched situation inside North Korea has forced many North 
Koreans to take flight to any country that will accept them. The most 
logical destination is China, given its porous border and proximity 
with North Korea. Yet China refuses to acknowledge North Korean 
refugees, instead calling them ``economic migrants,'' thereby denying 
them protections normally afforded those fleeing political persecution. 
This is first and foremost a humanitarian concern for the fate of 
several hundred thousand refugees currently hiding in fear from North 
Korea in northeast China.
  Without forcing China to grant this opening for safe harbor, not only 
will we be abandoning the North Korean refugees in China but we will be 
abandoning the 22 million people still inside North Korea. If a window 
for exodus is created, then the North Korean people will want to escape 
Kim Jong-il's tyranny. Though it is not yet certain, this exodus will 
likely expose the fissures in the regime, therefore triggering its 
implosion.
  I rise to offer this amendment to the Foreign Relations Authorization 
Act, an amendment version of the North Korean refugee bill that I 
recently introduced along with other Members. Senator Kennedy has been 
a key sponsor and supporter of this effort, which will allow North 
Koreans fleeing Kim Jong-il's tyranny to be resettled in the United 
States.
  Under the Constitution of the Republic of Korea, any person born on 
the Korean peninsula of a Korean father automatically retains the right 
to citizenship in the Republic of Korea, that is South Korea. That 
presents a simple problem for Koreans wishing to be resettled here in 
the United States.
  This past weekend, as I noted, while we were enjoying hot dogs, 
fireworks, and family during the Fourth of July Independence Day, four 
teenaged North Koreans made their way to the consulate of the United 
Kingdom in Shanghai, China. These four North Koreans wanting to get 
away from the Stalinist-style repression sought refuge first with the 
British consulate, but expressed the desire to be resettled as 
political refugees in the United States.
  According to today's Korea Times, their request to be resettled in 
America was denied by the U.S. Government, reportedly saying that it is 
the U.S. position not to ``accept North Korean defectors.''
  These are people simply yearning to be free from a Stalinist, 
repressive regime, one of the worst human rights situations in the 
world, one of the worst politically oppressive situations in the world. 
If this is the case, if they are being denied by our Government, then I 
wonder if the Department of State believes that by doing so it is 
upholding America's responsibility under international law and 
fulfilling our moral obligation to give safe harbor to anyone fleeing 
persecution, and clearly they are.
  I find this report to be appalling. It is sad to me to think that of 
all the United States can do in the world, and do so correctly, it is 
to be humane and uphold the principles of human dignity.
  On June 5 of this year, I chaired a hearing titled ``Life Inside 
North Korea,'' exposing the brutality of Kim Jong-il's regime. In 
January, I attended the inauguration of the new South Korean president, 
President No, in which I asked him, a former human rights lawyer and 
admirer of Abraham Lincoln, to have compassion for his fellow Koreans 
across the DMZ and help them in their exodus.
  Last December, I traveled to northeast China along the North Korean-

[[Page 17260]]

Chinese border to see the situation there, to meet with local Chinese 
officials and get input from NGOs working with North Korean refugees 
trapped in China.
  Finally, in June of 2002, Senator Kennedy and I held a hearing on 
North Korean refugees and the resettlement question.
  My amendment would ensure that at least there is the opportunity to 
come to the United States as refugees and it would give hope to those 
fleeing this repressive regime of North Korea.
  There is much we could do to prioritize resettlement of North Korean 
refugees, but this is the first, easiest, and most noncontroversial 
step. I want to thank Chairman Lugar and Senator Biden for allowing me 
to offer this amendment and give this consideration before the 
committee.
  This is a situation that needs to be addressed now. It will be an 
enormous positive statement to the world and to the Korean refugees if 
the United States says, yes, we will accept refugees from North Korea. 
It will be a terrible travesty if we say, no, we will not accept 
refugees fleeing one of the cruelest, meanest dictators in the world.
  About a third of the North Korean people right now live on 
international food donations, much of which are coming from the United 
States. It is a regime that is repressive beyond belief. There are 
books out now--one I have read, ``Eyes of the Tailless Animals''--about 
how the regime treats the people so horrifically, worse than animals.
  We have had pictures of refugees coming out--they drew them. They 
could not take pictures, but they showed how deplorable the conditions 
are.
  I ask for a strong vote in this body to pass this amendment allowing 
the possibility of resettlement of North Korean refugees in the United 
States.
  I yield the floor.
  Mr. LUGAR. Mr. President, I support the amendment of the Senator from 
Kansas. Some may suggest this legislation is unnecessary, that any 
legal right to citizenship that North Koreans may have in South Korea 
would not necessarily bar them from eligibility for refugee or asylum 
status under the Immigration and Nationality Act.
  However, with enactment of this legislation, certainty is provided on 
this issue. And I believe we must do more. It is important that we 
continue to press China toward better treatment of North Korean 
refugees, and I support efforts by the Administration in providing 
greater emphasis on supporting non-government organizations assisting 
North Korean refugees.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. Mr. President, very shortly we are going to have a 
rollcall vote. I am hopeful we might take action before that point. So 
I will make just a brief statement of support for the amendment of the 
Senator from Kansas. He is a dedicated member of our committee, has 
traveled to Korea as he mentioned in his statement, as well as other 
parts of Asia that are relevant to this amendment.
  Some suggest the legislation is not necessary, that the legal right 
to citizenship North Koreans may have in South Korea would not 
necessarily bar them from eligibility of refugee or asylum status under 
the Immigration and Nationality Act. However, with enactment of this 
legislation, certainty is provided on this issue.
  I believe we must do more. It is imperative that we continue to press 
China toward better treatment of North Korean refugees and support 
efforts by the administration in providing greater emphasis on 
supporting nongovernmental organizations assisting North Korean 
refugees.
  Both managers of the bill, Senator Biden and I, are prepared to 
accept the amendment.
  The PRESIDING OFFICER. Is there further debate? If not, the question 
is on agreeing to amendment No. 1138.
  The amendment (No. 1138) was agreed to.
  The PRESIDING OFFICER. The Senator from Arkansas.


                            Child Tax Credit

  Mrs. LINCOLN. Mr. President, I rise today to speak on behalf of an 
issue we are getting ready to vote on at 2. This is an issue we have 
had a lot of debate on. We have certainly discussed the issue in great 
detail about how important it is to provide the kind of tax relief to 
all working Americans trying to raise a family. This is an issue, of 
course, of the refundability of the child tax credit.
  I do not know what it is going to take for this body and the other 
body to send a bill to the President, who has already said he would 
sign this initiative. It is less than 1 percent of the overall tax 
package that was passed and sent to the President to be signed. The 
fact is multitudes of Americans are going to get tax relief in the next 
couple of weeks and 12 million children in this country are going to be 
left out. These are hard-working American families who are playing by 
the rules. They do not even qualify for this unless they have a working 
income and they have children.
  This is a special opportunity we have. If one individual in the House 
of Representatives can hold up providing relief to 12 million children, 
200,000 military families, not to mention well over 50 percent of the 
population of my State, there is no reason we should be here to begin 
with.
  I encourage my colleagues, let's move to proceed to the bill to 
provide the refundability of the child credit to all working families 
and those who are working desperately to provide for their children and 
our great Nation.
  Mr. McCAIN. Mr. President, I will vote to table the motion to proceed 
to the consideration of S. 1162, the Child Tax Credit bill. However, I 
am only voting in favor of the motion to table in order to give the 
conference sufficient time to create a final bill so that millions of 
American families earning between $10,500 and about $25,000 will 
receive tax relief through the acceleration of the refundable child tax 
credit.
  Accelerating the refundability is especially important for military 
families. The Department of Defense estimates that there are 
approximately 192,000 families whose income is between $10,500 and 
about $25,000. I believe that it is highly unconscionable that many of 
them will not receive child tax credit relief this year unless we pass 
a child tax credit bill this summer.
  Therefore, I urge the conference to complete a final bill in a timely 
manner. Otherwise, if there is another motion to proceed to the 
consideration of this legislation, I will vote in favor of the motion 
to proceed.


          Vote on Motion to table motion to proceed to S. 1162

  The PRESIDING OFFICER (Mr. Alexander). Under the previous order, 
there will be a vote on the motion to table the motion to proceed.
  The yeas and nays have been ordered.
  The question is on agreeing to the motion.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. REID. I announce that the Senator from Florida (Mr. Graham), the 
Senator from Massachusetts (Mr. Kerry), the Senator from Connecticut 
(Mr. Lieberman), and the Senator from Georgia (Mr. Miller) are 
necessarily absent.
  I further announce that, if present and voting, the Senator from 
Massachusetts (Mr. Kerry) would vote ``nay''.
  The PRESIDING OFFICER (Mrs. Dole). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 51, nays 45, as follows:

                      [Rollcall Vote No. 266 Leg.]

                                YEAS--51

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

[[Page 17261]]



                                NAYS--45

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

                             NOT VOTING--4

     Graham (FL)
     Kerry
     Lieberman
     Miller
  The motion was agreed to.
  Mr. LUGAR. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. LUGAR. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LUGAR. Madam President, the distinguished Senator from 
California, a member of our committee, is prepared to offer an 
amendment, and we are eager to have that debate.
  The PRESIDING OFFICER. The Senator from California.


                           Amendment No. 1141

  Mrs. BOXER. Madam President, I send an amendment to the desk and I 
ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from California [Mrs. Boxer], for herself, Mr. 
     Chafee, Ms. Mikulski, Mrs. Murray, and Mrs. Snowe, proposes 
     an amendment numbered 1141.

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

     (Purpose: To prohibit the application of certain restrictive 
eligibility requirements to foreign nongovernmental organizations with 
  respect to the provision of assistance under part I of the Foreign 
                        Assistance Act of 1961)

       At the end of title VIII, insert the following new section:

     SEC. 815. GLOBAL DEMOCRACY PROMOTION.

       (a) Findings.--Congress makes the following findings:
       (1) It is a fundamental principle of American medical 
     ethics and practice that health care providers should, at all 
     times, deal honestly and openly with patients. Any attempt to 
     subvert the private and sensitive physician-patient 
     relationship would be intolerable in the United States and is 
     an unjustifiable intrusion into the practices of health care 
     providers when attempted in other countries.
       (2) Freedom of speech is a fundamental American value. The 
     ability to exercise the right to free speech, which includes 
     the ``right of the people peaceably to assemble, and to 
     petition the government for a redress of grievances'' is 
     essential to a thriving democracy and is protected under the 
     United States Constitution.
       (3) The promotion of democracy is a principal goal of 
     United States foreign policy and critical to achieving 
     sustainable development. It is enhanced through the 
     encouragement of democratic institutions and the promotion of 
     an independent and politically active civil society in 
     developing countries.
       (4) Limiting eligibility for United States development and 
     humanitarian assistance upon the willingness of a foreign 
     nongovernmental organization to forgo its right to use its 
     own funds to address, within the democratic process, a 
     particular issue affecting the citizens of its own country 
     directly undermines a key goal of United States foreign 
     policy and would violate the United States Constitution if 
     applied to United States-based organizations.
       (5) Similarly, limiting the eligibility for United States 
     assistance on a foreign nongovernmental organization's 
     willingness to forgo its right to provide, with its own 
     funds, medical services that are legal in its own country and 
     would be legal if provided in the United States constitutes 
     unjustifiable interference with the ability of independent 
     organizations to serve the critical health needs of their 
     fellow citizens and demonstrates a disregard and disrespect 
     for the laws of sovereign nations as well as for the laws of 
     the United States.
       (b) Assistance for Foreign Nongovernmental Organizations 
     Under Part I of the Foreign Assistance Act of 1961.--
     Notwithstanding any other provision of law, regulation, or 
     policy, in determining eligibility for assistance authorized 
     under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2151 et seq.), foreign nongovernmental organizations--
       (1) shall not be ineligible for such assistance solely on 
     the basis of health or medical services including counseling 
     and referral services, provided by such organizations with 
     non-United States Government funds if such services do not 
     violate the laws of the country in which they are being 
     provided and would not violate United States Federal law if 
     provided in the United States; and
       (2) shall not be subject to requirements relating to the 
     use of non-United States Government funds for advocacy and 
     lobbying activities other than those that apply to United 
     States nongovernmental organizations receiving assistance 
     under part I of such Act.

  Mrs. BOXER. Madam President, the reason I was happy to have the clerk 
read the first three findings in this amendment is that I think these 
words really speak to what the United States is all about, which is 
free speech, the ability for people to be told the truth, and the 
ability of medical professionals not to be gagged from telling the 
truth.
  Most unfortunately, what is happening right now, as a result of this 
administration's policy known as the Mexico City policy, foreign 
nongovernmental organizations--in other words, nonprofit 
organizations--that received USAID family planning funding are 
restricted in how they can help their patients.
  Who are these patients? I will go into this later in detail. But they 
are the poorest of the poorest women in the world. What has happened, I 
would say because of politics in this country, is we have a very 
unfortunate worldwide policy now that says to the private, nonprofit 
organizations that are helping the poorest of the poor people--mostly 
women--they cannot use their own money to advocate for changes in the 
abortion laws of their own country.
  So if they believe the abortion laws in their own country are, for 
example, killing women because they are saying there can be no abortion 
ever, even to save the life of a woman, they cannot use their own funds 
to advocate for change. Or if they believe the woman who comes before 
them has decided, of her own free will and her own conscience and with 
her own religious guidance and with her own family guidance, that she 
would like to have a legal abortion, these foreign, nonprofit 
organizations may not use their own money to help that woman. Not only 
that--this is, to me, the worst of it all--they may not use their own 
money to provide full and accurate medical information about what 
options a woman has.
  It is hard for me to understand that in a country as free as ours, in 
a country as great as ours, we would have a policy which we dare not do 
in our own country because it would be clearly unconstitutional. A 
domestic gag rule is clearly unconstitutional. Why would we put such a 
policy forward and tell these little nonprofit organizations, that are 
struggling to meet the needs of the poorest of the poor, they would 
jeopardize their USAID funding if they absolutely do nothing more than 
even tell a patient what her legal options are, what her safe options 
are?
  This is known as the Mexico City policy because it came out of a 
conference in Mexico City a very long time ago. This policy ended with 
President Clinton in 1992, when he said he would absolutely uphold the 
law that we had before this global gag rule which said you cannot use 
Federal money in any way to promote abortion--that was the law, and he 
didn't disturb that--but certainly a group could use its own money.
  What happened is for 8 years we did not have this regressive policy 
that turns the clock back on women's rights, and yet when President 
Bush came in, it was one of the first things he did, to reinstate this 
Mexico City policy.
  I am very proud that cosponsoring my amendment, which would overturn 
this policy, are Senator Chafee and Senator Snowe. I am very proud to 
have them as Republican lead cosponsors. I am also very proud to have 
Senator Mikulski and Senator Murray as cosponsors. I am very happy to 
say the ranking member of the committee has told me I may add his name 
and he will be speaking in behalf of this amendment.

[[Page 17262]]

  Clearly, we have an opportunity to do the right thing today. We have 
done it before. We have overturned this before. We have taken a stand 
before. I hope we will do it again.
  Again, I wish to say what we are talking about here because there is 
always confusion. This has nothing to do with Federal funds. Federal 
funds may not be used in any way related to abortion. This only has to 
do with the private funds of these little nonprofits that are trying to 
help women.
  What has been the impact of this gag rule? You may say, Senator 
Boxer, that is very interesting, but what is really happening on the 
ground?
  Here is what is happening on the ground. With the gag rule in place, 
these organizations face two choices: They can either refuse U.S. 
assistance or they can limit their own services. You know how hard that 
must be for these struggling organizations in these very poor nations.
  Madam President, you have seen the world in your capacity as head of 
the Red Cross. You know some of these places are struggling. You know 
very much of it is the women who struggle the most, who are the most 
poor, who have the most health needs. We are seeing organizations 
saying: OK, I can't take the money. I can't take USAID funding because 
I cannot limit my ability to help my patients.
  I am going to show you a case later that is very emotional and very 
disturbing as one example of a group that turned back this funding, and 
I will tell you why.
  Imagine the Hobson's choice they face. Here they are, struggling, yet 
if they take this money, they can literally not tell their patients the 
truth. They are literally barred from telling their patients what is 
the most safe procedure for you, what are your options. They may not 
tell the patient that.
  What is happening on the ground--and we will prove it with cases 
before you--we say women and families are suffering increased misery 
and even death. They are suffering this because there are clinics that 
are shutting down because they cannot take the money, and there are 
clinics that are being gagged, they cannot tell the truth.
  Why is family planning assistance important? This is not just about 
abortion. These are clinics that help women plan their families. We 
know family planning increases child survival rates. It improves 
maternal health. It prevents the spread of HIV/AIDS. We have the 
President of the United States--and it is wonderful that he has decided 
to visit Africa. I have to say, while he talks about how much he wants 
to help HIV/AIDS, and I believe he does, he needs to understand, and 
perhaps he doesn't get the fact, if these clinics close down, we are 
going to see the spread of HIV/AIDS, we are going to see the spread of 
other infectious diseases.
  International family planning funding helps save lives. On the one 
hand, to say I am here in Africa to help and on the other hand to have 
imposed a gag rule on doctors and nurses and clinicians so they cannot 
tell poor women the truth about their options or they cannot work to 
change the regressive laws of their country--for example, to say if a 
child is raped, if a child is the victim of incest, that child ought to 
be able to get a safe, legal abortion--these clinics cannot even do 
this under this global gag rule.
  As a result of USAID funding, more than 50 million couples in the 
developing world use family planning. In the last 30 years, the 
percentage of couples using family planning has risen fivefold. This is 
something to celebrate. We know fewer than 10 percent of couples used 
contraception in the 1960s. We are talking about foreign countries that 
we helped. Now 50 percent of the couples use contraception. So the word 
is getting through. But the need for family planning assistance 
continues because of the growth of population.
  Why on Earth are we setting in place a vehicle, this global gag rule, 
which will deprive people of their health care, will deprive women of 
knowing what their options are? We don't know exactly how many 
organizations have refused funding because of this gag rule, and we 
cannot measure exactly how many abortions would have been prevented by 
family planning. But we know clearly whenever you cut back in family 
planning services, you see an increase in abortions. We know 78,000 
women throughout the world die each year. I want us to think about what 
that means. Seventy-eight thousand women throughout the world die each 
year as a result of unsafe abortions. At least one-fourth of those 
unsafe abortions in the world are girls age 15 to 19.
  When we have a policy that results in clinics shutting down, we have 
a policy that results in illegal abortions because if they take the 
money, they can't tell a young girl the truth of what her options are. 
She may run to a back alley in desperation, and she may well die.
  Seventy-eight thousand women throughout the world die each year from 
unsafe abortions. That is not a pro-life policy. I am sorry. That is an 
anti-life policy to put women at risk.
  Seventy-eight thousand women die each year. That is a horrific 
statistic. That is happening because women cannot avail themselves of 
the family planning services they need.
  What does our amendment do? What does the Boxer-Chafee-Snowe-
Mikulski-Murray-Biden amendment do? First, it says foreign 
nongovernmental organizations cannot be denied funding based on the 
medical services they provide with their own funds, including 
counseling and referral services. Withholding medical information, as I 
have said before, to patients who need it is an intolerable situation. 
It would be intolerable in this country. We know, because it was tried 
in this country 20 years ago. There was absolutely an uproar. Doctors 
would say, excuse me, are you putting a gag over my mouth? Are you 
saying I cannot tell my patients what their legal options are? The 
answer came back: This cannot be sustained in a country that believes 
in freedom of speech. So what we couldn't do here we are doing there.
  We say there shall be no gag rule. That is the first part of our 
amendment.
  The second part says in addition to being able to tell the patients 
the truth about their options, an organization should be able to lobby 
in any way it wants as long as it doesn't use USAID funds.
  We have a win-win situation in this amendment. Doctors and nurses and 
folks who work in these nongovernmental organizations and these small 
nonprofits are going to be able to tell the truth to their patients. 
Here are your options. Treat their patients like adults. I think it is 
essential to treat a woman like an adult. This is your predicament. 
These are the things you can do. You can have a child. You need to 
think about that. You could keep the child. You can give the child up 
for adoption. That is an option. You can end this pregnancy, if you end 
it early without complication. But it is your choice. I think women 
should be treated as adults.
  Then if these organizations see that women are dying from illegal 
abortions because this country, let us say, outlawed legal abortions, 
they can lobby for this with their own funds. What we are doing is 
restoring democracy to the USAID program.
  Frankly, I can't believe this regressive policy is even here in the 
21st century. It is killing women. This is not something that is 
preventing abortions. Its impact is that women will seek illegal 
abortions. It is what happened in this country. Hundreds of women in 
this country died every year because they could not get access to safe, 
legal abortions until Roe v. Wade. Then we said to women, this is a 
legal option. It is your call. It is up to you at the early stages of 
the pregnancy. It is really a very straightforward and fair law.
  What we are saying to women abroad now is if you go to a doctor, you 
should be able to hear your options. If your organization wants to be 
able to lobby on your behalf for better laws to protect your life, they 
ought to be able to do that--not with Federal funds, not with USAID 
funds, but with your own funds.
  The global rule is undemocratic. It is a miserable impediment to poor

[[Page 17263]]

women. It would be unconstitutional if imposed on our own citizens. It 
is bad foreign policy. I believe our bipartisan amendment ends it and 
does it in a very good way--in a way everybody can be proud of.
  I want to tell you a story and give an example that occurred in 
Nepal.
  I am so proud to serve on the Foreign Relations Committee at this 
time. I am the only woman, which is a lonely thing. Madam President, 
you ought to think about coming on with me. It is a great honor and 
privilege.
  I want to say that our chairman, Chairman Lugar, could not be a more 
fair chairman, could not be a more hard-working chairman, and could not 
have more respect on both sides of the aisle. It is an honor to be on 
that committee in the Senate. It is an honor to be serving with the 
ranking member, Joe Biden. I think our colleagues are very bipartisan. 
It is a tough time now in our country for bipartisanship. We really 
work together on that committee.
  At the time we were in the majority, we had a series of hearings on 
this global gag rule to see what was happening on the ground.
  In 2001, I chaired a subcommittee hearing where we had a small 
nonprofit, nongovernmental organization from Nepal. They were faced 
with this global gag rule. They had to make that Hobson's choice: Do 
they take the money and then give up their right to lobby in behalf of 
their patients or do they turn back the money? This little organization 
turned back the money. The reason they did it was not some abstract 
theory but a specific case. They cited how their organization was able 
to advocate on behalf of the 13-year-old girl whose name was Min Min.
  This is a story I want to share with my colleagues. How can we turn 
our backs on this child and other children like her? How we can turn 
our backs on the organizations that are out there is beyond my 
comprehension to understand.
  Min Min was raped by a relative. I want to show you her face. She was 
13. Her family forced her to have an illegal abortion after the rape. 
As a result of illegal abortion, she was arrested and she was taken to 
a central jail in Nepal. In 2001, Nepal put the victim in jail--not the 
relative who raped her. Look at this child. The girl's relatives were 
not punished. But Min Min was sentenced to 20 years in jail, and she 
was abandoned by her family.
  In your life, could you even imagine such a thing? A 13-year-old girl 
jailed for her life after she was raped. That was her crime.
  This particular NGO in Nepal had refused to take USAID money because 
they wanted to advocate to change the laws in Nepal.
  You would think we would be on their side. You would think we would 
be horrified that 13-year-old girls can go to jail for 20 years because 
they are the victims of rape by a relative. You would think we would 
say to this nongovernmental organization: We want to help you. But, no, 
under this global gag rule put into place by this administration this 
little girl was left that way, without the help of USAID, without the 
funding of USAID.
  This NGO, which turned back the money, went to bat for her and to 
change the law. After 2 years in prison, this child--2 years in prison, 
from age 13 to age 15, when a child should be home with her family, 
getting the guidance and love of her family--after sitting in jail 
after 2 years, finally, the laws were changed. Because the NGO, the 
nongovernmental organization, refused to take the money--because they 
knew they must work to change laws--they were free to go and do it, and 
they got the law changed and she was released after 2 years in jail--2 
years in jail for being a victim of a sexual assault by a relative.
  Now, had this NGO taken the money of USAID, they would not have been 
able to advocate on behalf of this child. We had the leader of this 
organization come before the Foreign Relations Committee, and this is 
what he said: ``How can we turn our back on women who die or are 
injured daily due to unsafe abortion?'' How can we stop organizations 
from changing the laws?
  The happy ending to this terrible tale is that the NGO worked with 
the government and last year the law was changed. There will no longer 
be lifetime jail sentences when these young girls are raped. That is 
the good news.
  Let me give you the really terrible news. This NGO has been forced to 
close clinics in Nepal because of the loss of their USAID money. Now, 
can anyone stand up here--and I would ask someone. We have a Senator in 
the Chamber who I know opposes this and may get up and defend what we 
are doing. But it is pretty clear, my friends. You can put any fancy 
language and ideology on it. I am not ideological. I just do not want 
to kill women. I just do not want to have little girls age 13 sitting 
in prison because they are raped. I just do not want to tie the hands 
of organizations to rescue girls such as this, to change the laws of 
their country that wind up killing women, harming women, and making 
them sit in jail when they are raped.
  If you can explain why that is a good law, that is your choice, and I 
respect that and all, but I cannot understand how we would, in this 
21st century, tie the hands of small nonprofit groups that want to help 
girls and women such as this.
  In Zambia, the Family Life Movement of Zambia, a faith-based, 
antiabortion organization, has been unable to expand programs because 
the global gag rule has disqualified Planned Parenthood Association of 
Zambia, a partner organization. The FLMZ promotes abstinence among 
young people in Zambia and it does not provide contraceptives but they 
are in partnership with Planned Parenthood. They are a faith-based 
antiabortion organization.
  I told you, I am not ideological on this point. They are in a 
partnership with Planned Parenthood. This group that believes in 
abstinence, they cannot get the funding from USAID. Now, you explain to 
me how that works.
  What this organization does is, if they would come across a young 
person or young people who are sexually active, they would be referred 
to this Planned Parenthood group or they could receive information 
about contraception. But the global gag rule has forced Planned 
Parenthood of Zambia to close three of its nine rural outreach programs 
and costs them more than $100,000 worth of contraceptives.
  So here you see it. You see on the ground what is happening to 
organizations that are trying to help the most desperate women and 
girls.
  The Family Planning Association of Kenya, which does not provide 
abortion, has had to cut its outreach staff in half, close three 
clinics that served 56,000 clients in traditionally underserved 
communities, and they have had to raise their fees at their remaining 
clinics because they would not take the money because they did not want 
to be gagged.
  One of the clinics that closed housed a unique well-baby center that 
provided comprehensive infant and postpartum care, making it easier for 
women to receive critical followup care. The baby center is now closed.
  What is going on? I think there is a misunderstanding in this 
administration because they are shutting down well-baby clinics. They 
are shutting down well-baby clinics. They are shutting down 
organizations that distribute contraception. They are shutting down 
organizations that are fighting for laws that will save women's lives.
  This is a terrible, terrible regulation. It is terrible for the 
women. It is terrible for the doctors there. It is terrible for the 
nurses there. It is terrible for the babies there.
  I think it is a terrible message from our country that we are so 
ideological over here that we will not let nongovernmental 
organizations that are trying to help women and families do their work 
because of some dispute over abortion in this country. I have some 
words about that: Get over that dispute. That dispute will be with us 
for a long time. We are going to have to resolve it in our way. But why 
make women in foreign countries pay the price, children in foreign 
countries pay the price, little girls such as Min Min pay the price 
because we have an argument over here over whether a woman should have 
the right to choose?

[[Page 17264]]

  We are doing things to these organizations we cannot do in this 
country because it is a violation of the Constitution; it is a 
violation of freedom of speech. We are going around the world trying to 
bring democracy to countries.
  We have soldiers dying for freedom of speech in Iraq right now--every 
single day. I have another 14 Californians who are dead since the war 
``ended.'' Why are they there? They are fighting for freedom and 
democracy and freedom of speech for the Iraqi people.
  But we have a policy that takes away freedom of speech from folks who 
want to help people get health care. It is a very bizarre twist in our 
country's history, and one that, believe me, is not lost on other 
nations.
  Recently, the Health Minister of Kenya has suggested that abortion 
should be made legal as a way to confront the devastation that unsafe 
abortion has on the women in that country.
  Well, congratulations to the Health Minister of Kenya for 
understanding something that our Supreme Court figured out a long time 
ago: that abortion should be legal and women should not be made into 
criminals, nor should doctors who help them as long as that abortion is 
performed in the early stages of the pregnancy. That is all that Roe 
says in this country.
  The Health Minister in Kenya is looking at the devastation of illegal 
abortion. He is looking at the devastation of back-alley abortion, just 
as our people looked at that in the 1950s, 1960s, and 1970s and came to 
the conclusion that we ought to legalize this and keep the Government 
out of it and let the people decide such an intensely personal, 
private, difficult, moral, religious issue.
  He has come to the conclusion that people know better, not the 
government, that there should not be a rule that you must be forced in 
any way on this issue--either to not have an abortion or to have an 
abortion--and that maybe his people should be trusted. The 
organizations that have the gag rule in Kenya cannot speak out, when 
they know what they see and they want to help reduce maternal mortality 
and morbidity.
  I am giving you these examples of various countries because I want my 
colleagues to understand this is not about ideology. This is about 
practicality. This is about children like this. This is about women. 
This is about families. This is about babies. This is about people 
getting help.
  The Family Guidance Association of Ethiopia, the largest reproductive 
provider in that country, operates 18 clinics, 24 youth service 
centers, 671 community-based reproductive health care sites, and 
hundreds of other sites for health care. Still fewer than 20 percent of 
Ethiopians live within a 2-hour walk of any health provider.
  We are talking about countries where people can't jump in a car and 
drive an hour to get health care. They literally have to walk to their 
health care. So if even a few of the clinics have to close down because 
of lack of funding, women are consigned to trouble. They are going to 
have to go two blocks around the corner, down the street, behind a 
house and have an illegal abortion and maybe face death or infertility.
  A half a million dollars has been turned away by this organization, 
the Family Guidance Association of Ethiopia, because they will not 
abide by being gagged. They will not say to their doctors: You can't 
tell women the truth. They will not say to the nurses: You can't tell 
women the truth. They will not say to their people: You can't lobby 
your own government for changes in laws that will help women.
  So what has happened? They have had to cut off the supply of 
contraception. It is a very sad day. Since abortion is illegal in 
Ethiopia, imagine what is going to happen if people can't have 
contraception?
  You want the world to be perfect. I well remember this discussion 
when my children were younger. You want your children to listen to you. 
You want to make sure that every child is a wanted child. You want to 
make sure that there is abstinence, yes. But it might not happen. And 
if it doesn't happen that way, the way you want it to happen, to what 
are we consigning our young people?
  In the case of these foreign governments, we are looking at a child 
in jail, and this one was raped by a family member. What is the policy 
of our country to be that we are going to tell these young women we are 
not on their side?
  I cannot fathom it. A girl put in jail, served for 2 years because 
she was raped by a relative, and the nonprofit foreign organization 
that helped her was punished by America because they wanted to help 
her, because they wanted to get the laws changed, because they wanted 
to get her out of jail? What is wrong with us? How can we proudly stand 
by this gag rule? We should not. We should repeal it today.
  As I say, we have bipartisan sponsorship on this bill and we have a 
chance to overturn it. The President has threatened to veto the bill if 
we overturn this global gag rule. Can you imagine, the President has 
said he will veto the bill if we reverse this rule, if we want to help 
children like Min Min. I want to ask the President: Do you think it is 
right to put a little girl in prison because she was raped by her 
family? I am sure he would say: Of course not. It is awful.
  Then I would ask him: Do you think it is a good thing for people in 
that country to come to this little girl's rescue and help her? I am 
sure he would say: Of course.
  My next question would be: Then why are you shutting off the funds to 
the nonprofit organizations that want to help her cause? He would 
probably say: Let me get back to you.
  Frankly, I don't see how he could answer that without taking a long 
time to twist it around. This isn't about ideology. This is about real 
people. This is about the poorest children, the poorest women, the 
poorest families. This is about imposing a gag rule, which we are not 
allowed to do in this country because we have a Constitution, on other 
people. Why? I guess because we can. It is wrong.
  It is wrong that the largest family planning organization in 
Ethiopia--God knows they have enough trouble there; they have droughts 
and everything else--loses $500,000 because they won't be gagged. And 
as a result, people cannot get contraception. And as a result, women 
are going to have to have illegal abortions because abortion is illegal 
in that country.
  We know 78,000 women every year die across the world from illegal 
abortion. We are the United States of America. We are a good country. 
We are a kind country. We are a generous country. We are a great 
country. Why would we do this to the poorest of the poor?
  In the case of Ethiopia, 229,000 men and 300,000 women in urban areas 
are not getting served by this organization because there is some 
ideological problem that we have here in this country that we should 
not export elsewhere.
  I am coming to the end of my examples. I have one more about Peru. 
There is a program in Peru that is designed to engage local women from 
poor communities across the country in identifying the most pressing 
reproductive health needs. This organization, Manuela Ramos, convenes 
the discussions and then works with the Ministry of Health to develop 
specific responses to those needs. In many communities, women identify 
unsafe abortion as their most pressing problem. The gag rule prohibits 
this organization from even engaging in discussions about ways to 
reduce illegal, unsafe abortion.
  I am mortified that a decision by this administration is gagging not 
only the people who receive USAID funds but even the people who go 
there are not allowed to discuss together how to make life better for 
the women of Peru, the women of the world.
  I am taking a lot of time on this today because I am pleading with my 
colleagues to stand up and be counted. If it is true that you are not 
going to vote for this because the President said he will veto the 
bill, I say: Let's go for it. Maybe he will change his mind. I am happy 
to sit down and tell him about Min Min, this 13-year-old girl. I am 
happy to give him the statistics. I will be glad to talk to him about 
the 78,000

[[Page 17265]]

women dying every single year from illegal abortions. I believe I could 
maybe change his mind.
  Maybe he will change his mind--let's give it a chance--if he sees a 
strong bipartisan vote.
  I want to show you a couple of other charts and then I will be 
finished, until I hear the other side and I will come back to debate.
  This is an editorial that appeared in the Washington Post when this 
global gag rule was put into place. It is headlined ``Divisive on 
Abortion.''

       Making an organization censor its views as a condition of 
     receiving government money would be unconstitutional on free-
     speech grounds in this country; it should have no place in 
     U.S. foreign policy. Moreover, requiring doctors to withhold 
     information from patients violates the common conception of 
     medical ethics. There will be . . . more circulation of the 
     AIDS virus, more poverty-entrenching high birthrates and more 
     unwanted pregnancies--meaning more abortions.

  I will take a minute to talk about this because this really sums up 
what I have been saying in a very neat little package.

       Making an organization censor its views as a condition of 
     receiving government money would be unconstitutional on free 
     speech grounds in this country.

  Well, you know that is true. We don't do that. We don't tell every 
group in this country that receives Federal funds they cannot talk 
about anything, because this is America, the land of the free and the 
home of the brave. Free speech is the basis of our country. It is what 
our soldiers are dying for in Iraq. So we don't tell people in this 
country that if you get Federal funds, if you get Social Security, you 
cannot talk about X, Y, or Z. If you get funds through Medicare, you 
cannot talk about A, B, or C. Try that on the elderly population in 
this country. You will be out of office so fast you won't know what hit 
you. Face it, that is what we are doing here.
  They say that kind of condition on receiving money should have no 
place in U.S. foreign policy. I agree with that. Here we are, a bastion 
of freedom and democracy and free speech, going around the world 
telling people about that on the one hand and our soldiers are putting 
their lives on the line. Yet in this program, we are telling little 
charitable, nonprofit health care centers they cannot tell their 
patients the truth. Not only that, if they see a law that is killing 
their patients, they cannot work to change it. What a shame on our 
country. They say it should have no place in foreign policy. That is 
exactly right. That should have no place in foreign policy.

       Requiring doctors to withhold information from patients 
     violates the common conception of medical ethics.

  How true is that? When our doctors take the Hippocratic oath, they 
say they will do no harm, they will do everything to save the life of 
their patients and give them the best of health care. Imagine going to 
your doctor and you have a terrible illness and the doctor knows four 
options for you and he cannot talk about two of them because the 
Government said he could not. So you hear about two options but not the 
other two. When you found out that you didn't get the whole story, and 
something happened to you, your family would be in the courthouse 
door--and rightly so--saying: How could my doctor not have told my dad 
that this particular type of surgery would have cured his cancer?
  The fact is, we are gagging doctors and health care practitioners in 
foreign countries from telling patients the truth. Then this editorial 
says:

       There will be . . . more circulation of the AIDS virus, 
     more poverty-entrenching high birthrates and more unwanted 
     pregnancies--meaning more abortions.

  We have a policy in our country called the global gag rule which I, 
Senator Chafee, Senator Snowe, Senator Mikulski, Senator Murray, and 
Senator Biden are trying to overturn. We hope to get a lot of you with 
us. We are trying to overturn a policy that is causing illegal, unsafe 
abortions to take place because, clearly, if you tell a nonprofit 
organization they cannot tell you the truth, you are going to be 
desperate.
  Seventy-eight thousand women a year die. So you are also going to see 
more circulation of the AIDS virus. Why? Because a lot of these clinics 
that are closing down--and it is not just about abortion; it is about 
family planning, contraception, and learning how to protect yourself 
from the AIDS virus and other sexually transmitted diseases. And there 
are going to be ``poverty-entrenching high birthrates.''
  Why would this be a policy of the United States of America? It is 
hurting people, not helping them. It is gagging people, not giving them 
free speech. It is hurting America's reputation in the world. It turns 
the clock back on progress.
  Let me say very clearly as I close my opening statement that the 
Washington Post said:

       Around the world, more than a half-million die from 
     pregnancy-related causes annually. A real pro-life policy 
     would focus on reducing that death toll by providing more 
     contraception and safer abortions.

  That is it in a nutshell. It is not like we are dealing in mysteries. 
We know certain truths. We know that if women have access to good 
health advice, they will avoid unwanted pregnancies. We know that if 
they have access to good health advice, they will have healthy babies 
and they will be healthy. We know all those things. And we know for 
that to happen, women have to be educated on their options. We know 
that.
  What else do we know? We know that some countries do terrible things. 
I want to show you again the picture of Min Min, who is 13 years old. 
She is in prison because a family member raped her. The organization 
that tried to help her, in order to do that, had to hand back their 
USAID funding because President Bush said they could not help her. He 
put the global gag rule in place. He said nobody can help her. That is 
what it says. If I talked to him one on one, I know he would be shocked 
at this story, but the fact is that this policy of a global gag rule 
made it impossible for the organization to help her until they gave 
back their USAID funding. What a shame on our country--to be associated 
with such an outcome.
  I want to be proud. This is a country I love. I want to be seen as 
helping, as spreading democracy and freedom of speech and ideas.
  So for all those reasons, I hope we will have a good vote that will 
get rid of this global gag rule. I don't care if there are veto 
threats. We have to stand up for something here. This is the Senate of 
the United States of America. This is the year 2003. Little girls such 
as this should not have to suffer because we have a policy that 
punishes folks who want to help her.
  With that, I yield the floor and I hope we can continue this debate.
  The PRESIDING OFFICER (Mr. Talent). The Senator from Indiana.
  Mr. LUGAR. Mr. President, the distinguished Senator from California 
has presented her case, as always, with eloquence. Let me ask the 
distinguished Senator, I understand Senator Brownback may wish to speak 
on this issue, I want to speak for a short while on the issue, and the 
Senator from California perhaps wants some time.
  Mrs. BOXER. Mr. President, if my friend will yield, Senator Reid 
wants to be here, and I believe Senator Biden. I can get back to the 
Senator from Indiana in short order with how much time we will need.
  Mr. LUGAR. What I would like to propose is we plan to vote at 5 
o'clock and have 40 minutes more debate evenly divided, 20 minutes to a 
side. That would be my hope.
  Mrs. BOXER. I would think that will work, if I can just have a moment 
to get back to the Senator.
  Mr. LUGAR. Very well. I will proceed, and then if the Senator can 
inform me, that will be helpful.
  Mr. President, when the Mexico City policy, which is our discussion 
today, was restored by President Bush in 2001 when he came into office, 
he stated once again the conviction that the U.S. taxpayer funds should 
not be used to pay for abortions or for the advocacy, for those who 
actively promote abortions as a means of family planning.
  The fact that this President has taken this position, as have other 
Presidents before him, does not lessen his commitment or our commitment 
to

[[Page 17266]]

strong international family planning programs. Indeed, President Bush's 
fiscal year 2004 budget requests $425 million for population 
assistance, the same funding level appropriated during fiscal year 
2001, President Clinton's final year in office.
  President Bush has confirmed his commitment to maintaining these 
funding levels for population assistance because he knows one of the 
best ways to prevent abortion is by providing voluntary family planning 
services. That is a policy of our Government now. It is a policy that 
our President advocates for the future.
  We are all aware of the numerous attempts to reach compromise 
language that would satisfy all sides on this very important issue but 
no acceptable accommodation has been found to date. Perhaps in 
recognition of this state of affairs, the President has advised that 
any legislation that seeks to override the Mexico City language will be 
vetoed.
  Let me make clear that the restrictions in the Mexico City policy do 
not prevent organizations from performing abortions if the life of the 
mother would be in danger if the fetus were carried to term, or 
abortions following rape or incest. Similarly, health care facilities 
may treat injuries or illnesses caused by legal or illegal abortions.
  I wish to make that point because the distinguished Senator from 
California has told the story, and it is a tragic one, of a 13-year-old 
girl. I simply want to clear up the point that the Mexico City policy 
has not prevented organizations from performing abortions if the life 
of the mother would be in danger if the fetus were carried to term, or 
abortions following rape or incest.
  The issue comes in whether taxpayer funds of the United States should 
be utilized by organizations in the internal debates within countries. 
That clearly is an issue upon which Senators will differ, but it is a 
different issue than the issue of whether, in fact, funds might have 
been utilized in this particular tragedy.
  There are many foreign nongovernmental organizations through which 
USAID can provide and does provide family planning information and 
services to people in developing countries. The President has decided 
that assistance for family planning will be provided to those foreign 
grantees whose family planning programs are consistent with the values 
and the principles of his administration. And every President since 
1984 has exercised his right in that regard.
  I wish to make clear, and the Senator from California is correct in 
this assumption, the administration's statement of policy with regard 
to legislation that we now are engaged in states with regard to the 
amendment on Mexico City policy:

       The administration would strongly oppose any amendment that 
     would overturn the administration's family planning policy, 
     commonly known as the Mexico City policy, and allow U.S. 
     taxpayer funds to go to international organizations which 
     perform abortions and engage in abortion advocacy. The 
     President would veto the bill if it were presented to him 
     with such a provision.

  Mr. President, as manager of this bill, I have to take that statement 
seriously, as does every Senator. The distinguished Senator from 
California has indicated perhaps the President might be persuaded to 
change his mind, and perhaps that is the case. But this President has 
been very clear and I think the directives with regard to policy on 
this legislation are very clear in the language I have just read.
  I appeal to Senators that there are so many important provisions in 
this legislation with regard to our national security, the importance 
of our diplomacy, humanitarian concerns to international organizations, 
the dues that are paid--a whole host of issues. I think Senators are 
aware of that. I hope we will not jeopardize all of this progress. I 
hope we will continue to have honest debate on the Mexico City policy 
in other fora, and there are opportunities for Senators, simply with 
bills that are directed to this issue, as opposed to amendments added 
to legislation in which we have put together the State Department 
authorization, the foreign assistance authorization, the Millennium 
Challenge Account, and a number of issues which are very important to 
the future of our country.
  I will oppose the amendment. I ask other Senators to do so for the 
reasons I have given.
  If I may engage in colloquy with the distinguished Senator from 
California, is there disposition that we may be able to proceed to an 
agreement on time for a vote?
  Mrs. BOXER. We have spoken with the Senator's staff, and we have made 
a suggestion. They apparently are working on finding out if it is 
acceptable. I will, once there is a quorum call in place, explain the 
details.
  Mr. LUGAR. I yield the floor.
  Mrs. BOXER. 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. 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, just a few years ago I traveled to Nepal, a 
country with one of the highest maternal mortality rates in the world, 
certainly in Asia. More than 500 out of every 100,000 women in Nepal 
die from pregnancy-related complications compared to 7 out of every 
100,000 women in the United States. Again, 500 women in Nepal die from 
pregnancy-related complications compared to 7 in the United States.
  Nepal is not the only place where women are at such high risk. Every 
minute of every day at least one woman somewhere in the world dies from 
causes related to pregnancy in childbirth. Every minute of every day a 
woman dies from causes related to pregnancy. That is 600,000 women 
every year who die from causes related to pregnancy. I repeat for the 
third time, 600,000 women every year.
  Our country offers hope to women around the world. Our support for 
international family planning programs spells the difference between 
life or death for women in developing countries. And family planning 
efforts prevent unintended pregnancies, save the lives of thousands of 
women and infants every year. Family planning also helps prevent the 
spread of sexually transmitted diseases.
  Last summer, I traveled to South Africa: Kenya, Nigeria, and 
Botswana. The subject of AIDS and the terrible damage it has done to 
the African people became the focus of this trip. We did not want it to 
be the focus of the trip, but it became the focus of the trip. It 
overwhelmed everything that we talked about and saw. Africa has been 
overwhelmed by the AIDS epidemic. More than 20 million Africans have 
died from AIDS and more than 5,000 continue to die each day from this 
disease. It is 7 days a week. It does not matter if it is Thanksgiving, 
Christmas, or whatever holidays they might have. There are no 
vacations, no holidays. Seven days a week, every week of the year, more 
than 5,000 Africans die, and that number is going up, not down. They 
die from this disease we call AIDS.
  In seven southern African countries, 20 percent or more of the adult 
population is infected with the HIV virus. In Botswana--and I would 
mention about Botswana, it is a democracy. It is a country that is 
based on the rule of law. It is really a fine country with great 
leaders. We stayed for a few days in Botswana. The infection rate is 
about 40 percent; that is, 4 out of every 10 people who live in 
Botswana are infected with the HIV virus. In other African countries, 
the HIV infection rates are higher among women than men.
  As a result, family planning providers are the best source of HIV 
prevention information and services. But now, the Mexico City policy 
threatens our efforts to save the lives of women in Nepal, on the 
continent of Africa, and all over the world. President Bush reimposed 
the gag rule because he wants to decrease the number of abortions 
abroad. That is a worthy goal, but restricting funds to organizations 
that provide a wide range of safe and effective family planning 
services can lead only to more, not fewer, abortions.

[[Page 17267]]

  Cutting funding for family planning diminishes access to the most 
effective means of reducing abortion. Research shows the only way to 
reduce the number of abortions is to improve family planning efforts 
that will decrease the number of unintended pregnancies. Access to 
contraception reduces the probability of having an abortion by more 
than 85 percent.
  Of course, I do not support the use of a single taxpayer dollar to 
perform or promote abortions overseas, but that is what the law says. 
The law has explicitly prohibited such activities for 20 years, from 
1973. Instead, I support family planning efforts that reduce both 
unintended pregnancies and abortions.
  The Mexico City policy not only undercuts our country's commitment to 
women's health, it restricts foreign organizations in a way that would 
be unconstitutional in the United States. This policy violates a 
fundamental tenet of our democracy: freedom of speech. That is why my 
friend from California, the chief sponsor of this amendment, Senator 
Boxer, calls this a global gag amendment because that is exactly what 
it is. This policy violates a fundamental tenet of our democracy: 
freedom of speech.
  Exporting a policy that is unconstitutional in the United States is 
the ultimate act of hypocrisy. Surely, this is not the message we want 
to send to struggling democracies that look to the United States for 
inspiration and guidance. My friend, the distinguished Senator from 
Nevada--from California, Senator Boxer--I wish she were from Nevada. 
She does a great job for Nevada, along with California and the rest of 
the country. Senator Boxer's amendment would ensure that U.S. foreign 
policy is consistent with American values, including free speech and 
medical ethics.
  I support this legislation. I support this amendment and urge my 
colleagues to support this effort to protect and defend women around 
the globe.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. BROWNBACK. 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. BROWNBACK. Mr. President, I rise to address the Boxer amendment 
being considered. I acknowledge the passion and leadership of the 
Senator from California. I have always respected her thoughtful 
arguments. We have had some issues in agreement and some issues in 
disagreement. This happens to be one we are in disagreement but it does 
not reduce my acknowledging her skill and abilities and the heart she 
brings to each and every discussion she puts forward.
  This is a straightforward and simple issue, one that everyone can 
clearly grasp. It is about the use of taxpayer dollars, Federal, U.S. 
taxpayer dollars to fund abortions overseas; do you agree or disagree 
with that.
  Some say, yes, we should do that; other people say, no, I don't think 
we should use taxpayer dollars overseas to fund issues such as this. 
Others say, I don't think we should use taxpayer dollars to fund 
abortion because of their deeply held feeling they are aborting a child 
and they disagree fundamentally with that. We have a clear issue before 
the Senate.
  I note the history behind the so-called Mexico City language. On 
January 22, 2001, when President George Bush was sworn in and put into 
office as President of the United States, in one of his first acts, he 
reinstated the Mexico City policy. I say ``reinstated''; this was a 
policy President Reagan put in place. It was in place during President 
Reagan's term in office, in place during President Bush I's first term 
in office, and immediately repealed when President Clinton came into 
office.
  The policy simply states that it prohibits Federal taxpayers from 
funding foreign organizations that ``perform or actively promote 
abortion as a method of family planning in other nations.'' That is 
what the Mexico City language is: ``perform or actively promote 
abortion as a method of family planning in other nations.''
  So the President is saying as part of U.S. policy that we will not 
fund private organizations, NGOs, that perform or actively promote 
abortion overseas.
  That is the issue. That is the point of the issue. You can color it 
with a lot of stories, you can color it with a lot of rhetoric, but the 
issue to decide in this body is, do we want to use taxpayer dollars to 
fund abortions or promote abortion overseas.
  As I note to people, there are primarily two grounds that people 
disagree. The first ground is as a moral objection. A number of people 
just disagree with the issue of abortion. It is probably the most 
difficult social issue today as a society. We debate it regularly. The 
issue is, is the young child a person or a piece of property.
  Others look at this differently. Senator Boxer and I have different 
views on that particular issue. I think history will clearly point out 
the side I represent is accurate and true and is the side I hope 
ultimately all Americans will agree with, that we believe in the 
fundamental rights of a personhood and of dignity, of each and every 
individual, no matter how weak or helpless they might be. It is in the 
great traditions of the Democratic Party to support people in a 
difficult spot, and it should be that support for the weakest and the 
most vulnerable which clearly that child in the womb represents. That 
is No. 1 as an issue.
  The second issue, should you use taxpayer dollars, taxpayers from 
California, from Missouri, from Kansas, from Indiana, wherever they 
might be, should we be using those to support a policy that funds 
abortion in Nepal and Africa or that supports organizations in various 
places around the world that want to either perform abortions or 
promote the use of abortion in that country and that society? A number 
of people would say yes, I am willing to use taxpayer funds to go do 
that. Probably more people in the country, I think if you would poll 
people in the United States, would say no. No. 1, I think you spend too 
much overseas the way it is right now. No. 2, I disagree with you 
either paying for abortions overseas or supporting organizations that 
are trying to promote abortion overseas. I think that is a bad use of 
taxpayer dollars.
  Those are the fundamental arguments that people bring forth in 
looking at the Mexico City policy. I think the Mexico City policy is a 
very commonsense policy that has been put forward by President Reagan, 
put forward by President Bush, George Bush No. 1, President Bush No. 2 
as well. It has been in law since 1984, as an administrative act by the 
President. It is based in part on the belief that U.S. taxpayers should 
not be forced to subsidize or support organizations that perform or 
promote abortions overseas for family planning programs.
  I have noted some of the specific arguments why that takes place. I 
want to take on one of the indirect arguments that a number of people 
raise. Some people argue incorrectly that Federal tax dollars would not 
have to be used for the actual abortion but could still be used to 
support the organization's other activities. This argument fails to 
properly understand the fungibility of money. Once you give money to a 
organization, it can use that for a broad range of causes. It can say, 
Look, we don't use this money for abortions or promoting abortions 
because we will use it in this sector, sector A of our organization. 
But in sector B of our organization we do fund abortions and we do 
promote abortions.
  This money can be used to subsidize the overhead operation of the 
organization, it can be used to subsidize a mailing, and while this 
portion doesn't support abortion, there is also an additional mailing 
inserted that does. It can be used in the fungibility of the dollars. 
That is why we tried to put forward--why President Bush has tried to 
put forward a clear firewall on this set of funds.
  It is not that the United States should not try to do good overseas, 
because we should and we are. I applaud this President for his efforts 
in global

[[Page 17268]]

HIV, on the Millennium Challenge Account, where we are trying to help 
people in other countries to get out of these debilitating, horrific 
situations of HIV and its spread, of trying to give them some economic 
opportunity. The President put those forward. I strongly support those 
and hope those will clear through the Congress.
  But here is one: Why would we take something so controversial, so 
counter to so many Americans' fundamental beliefs, fundamental 
thoughts, and say to the American taxpayer: We are going to use your 
dollars to do this, and, yes, we know you disagree with it on moral 
grounds and, yes, we know you disagree with it on fiscal grounds, yet 
we are going to go ahead and do that?
  If we are so concerned about the individual overseas, and we should 
be, why not put the money in something we all agree with that is a 
terrible problem like global HIV or solving issues dealing with malaria 
or other diseases that are horrific but that do not get the number of 
research dollars they should for developing cures for them because they 
are in countries where people do not have enough resources to be able 
to buy the pharmaceutical drugs that would cure them? There are so many 
better ways you could spend this type of money than in something so 
controversial and so counter to what America stands for.
  I think it is important for us to vote against the Boxer amendment.
  There is a final reason here. I want to hit this point. There is 
another one as well. The final reason here is that the President has 
stated clearly he will veto the bill if this language that funds 
overseas abortions or the promotion of abortion is included in this 
bill. If that is in this bill, the administration will veto this bill.
  The chairman and the ranking member have worked very hard to put a 
bill together to do the authorizing on authorization instead of 
appropriations so we can get a bill through. Rather than having it 
vetoed, wouldn't it be wise for us to go ahead and get this through?
  One of the reasons we were criticized, and I think rightfully so, in 
the last Congress was that we didn't get anything done. There was a 
major Energy bill, didn't get it done; a major Medicare bill, didn't 
get it done. What the chairman and ranking member are trying to do here 
is pass a major State Department authorization, foreign assistance. We 
are trying to get it done and we can get it done. We can finish this 
and we can get it done. Yet you are trying to insert language to kill 
the whole bill and the whole process. On top of the controversy for 
using the funds for these purposes, the controversy about the whole 
moral issue of abortion, you are going to cause the veto of a bill over 
this issue.
  I do not think that is wise legislating on our part. I do not think 
it is the appropriate way for us to go. I think the American people 
would look at that as well and say: You know, this isn't a life-or-
death issue on the point of getting this language.
  Some would contend it is. If that is the case, let's make a malaria 
cure a portion. That is a life-and-death issue. But you are going to 
kill a bill by including such controversial language in it.
  I urge my colleagues to reject this attempt to overturn President 
Bush's clear language, the clear policy that I think represents, 
really, what the American people want to see us do.
  With that, I would like an opportunity--I think there are others who 
are going to speak on this bill--to possibly be able to rejoin the 
debate to answer some of the points that might be put forward.
  I yield the floor.
  Mr. LUGAR. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. LUGAR. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Ms. Collins). Without objection, it is so 
ordered.
  Mr. LUGAR. Madam President, just for the sake of explanation to 
Senators of what is about to transpire, I am going to move to table the 
amendment that has been offered by the distinguished Senator from 
California. Senators will have a chance to vote. I will call for the 
yeas and nays, so it will be a recorded vote. In the event that Senator 
Boxer's amendment is not tabled, then I will move that we adopt the 
amendment by voice vote.
  Mrs. FEINSTEIN. Mr. President, I rise today to support Senator 
Boxer's amendment to the State Department authorization bill to 
eliminate the so-called global gag rule to lift the restrictions for 
U.S. assistance to international family planning providers included in 
this legislation.
  There have been few issues in recent years that have been more 
debated. I have come to the floor on several occasions in years past to 
express my deep concern for the global gag rule. Year after year, we 
have come to the floor to try to overturn the rule.
  Under the leadership of both Democratic and Republican Presidents, 
and under Congresses controlled by Democrats and Republicans alike, the 
United States has established a long and distinguished record of world 
leadership in the area of international family planning and 
reproductive health issues.
  But the global gag rule places very limiting restrictions on U.S. 
assistance to international family planning organizations. Overseas 
family planning providers would be barred from using their own money to 
even provide information to patients about the availability of a legal 
abortion if these providers receive any funding or even access to 
contraceptives from the U.S. Government.
  International family planning providers are being faced with a very 
difficult choice; either give up desperately needed U.S. funding or 
edit the information about reproductive health that providers share 
with the women they are trying to help. Either choice will hurt some of 
the poorest women in the world.
  Family planning providers don't just lose funds under the global gag 
rule. They also lose donated contraceptives. The United States is the 
most important donor of contraceptives to the developing world, 
providing about 37 percent of all donations at a value of $45 to $55 
million annually.
  I was disappointed that one of President Bush's first major policy 
actions, on his first business day in office, January 22, 2001, was to 
reinstate the global gag rule.
  I think it is important to point out that Senator Boxer's amendment 
does not change any laws about abortion. In fact, this amendment only 
allows for funding to organizations that provide services that are 
legal in their own country and also legal in the United States.
  Beginning with the reinstatement of the gag policy in January 2001, 
several organizations working in the developing world that have lost 
access to much needed funding or contraceptives, including the 
International Planned Parenthood Federation, IPPF. IPPF is made up of 
more than 150 agencies working in 180 countries and is the largest 
provider of reproductive health services in the world.
  Between 2001 and 2003, this organization has lost more than $8 
million in U.S. Government funds--mostly for contraceptive supplies.
  Some country-specific examples to demonstrate the impact of the 
global gag rue include: Ethiopia where the Family Planning Association 
lost $56,000 in contraceptive supplies; Zambia were the Planned 
Parenthood Association lost $137,092 in contraceptive supplies; Cote 
d'Ivoire where the Family Planning Association lost $186,000 in 
contraceptive supplies which eliminated contraceptive services from 
nearly 50 percent of their 92 distribution points; Congo where the 
Family Planning Association lost $17,000 in U.S. assistance and, as a 
result, they had to eliminate programs that served 15,739 clients; and 
Kenya where the Family Planning Association had received an average of 
$580,000 per year to fund its clinics. Three urban clinics serving 
56,000 poor and underserved clients closed.

[[Page 17269]]

  The amount of funding lost may not sound like much to you. But in the 
developing world, every dollar, literally, counts.
  And every woman deprived of access to education or contraceptive 
supplies risk an unwanted pregnancy.
  Access to contraceptives is not only about family planning. It is 
about reproductive health. And it is also about protecting people from 
HIV/AIDS.
  Much of the developing world is struggling with HIV/AIDS. The loss of 
U.S. funds has reduced the capacity of many family planning providers 
to also address the HIV/AIDS crisis.
  In Ghana, for example, 697,000 Planned Parenthood Association clients 
will lose access to not only family planning services but also to 
voluntary testing and counseling for HIV/AIDS as well as AIDS 
prevention education programs.
  With the world population now at more than 6 billion, and estimates 
of this figure growing to 12 billion by 2050, we must give couples and 
women the resources necessary to plan the number and spacing of their 
children.
  The vast majority of this population growth will occur in the 
developing world, in countries that don't have the resources necessary 
or the infrastructure to provide for basic health care.
  Limited access to family planning services results in high rates of 
unintended and high-risk pregnancy and maternal deaths.
  Every minute around the world, 190 women face an unplanned or 
unwanted pregnancy. About 110 women experience pregnancy-related 
complications and 1 woman dies. This can be avoided.
  I would ask the women of America, as they consider their own 
reproductive rights, to consider the aim and intent of a policy in 
which the reproductive rights of American women are approached one way 
and those of women in the developing world another.
  Perhaps worst of all about the global gag rule is that it is a 
cynical ploy by those who would challenge domestic reproductive rights 
but are too fearful of the political repercussions. So, instead, they 
practice the divisive politics of reproductive rights on the poor, 
sacrificing the lives of women and children overseas, where they think 
we are not paying attention or do not really care.
  I truly believe that the only way to help women in the developing 
word better their own lives and the lives of their families is to 
ensure that they have access to the educational and medical resources 
necessary to make informed decisions.
  I urge my colleagues to join me in supporting this amendment.
  Ms. SNOWE. Mr. President, I rise in support of the amendment offered 
today by Senator Boxer to repeal the global gag rule.
  We take up this debate once again during the consideration of the 
State Department authorization, a bill which governs our country's 
federally sponsored foreign aid programs. Each year, we have to fight 
for the adoption of this amendment which would bolster these 
international assistance efforts, and yet each year we find ourselves 
here again debating this same issue.
  There is no question that U.S. population assistance is of critical 
importance to our international aid efforts. Population assistance is 
the primary deliverer of health education, health care, and prenatal 
care to millions of women in developing countries. But beyond the 
social and physiological aid that this program brings to these nations, 
there is a real economic benefit as well. According to USAID, studies 
in several countries have shown that for every dollar invested in 
family planning programs, governments save as much as $16 in reduced 
expenditures in health, education, and social services. This is not 
only an investment in the health of women, and their children, and 
their families but for whole nations and their ability to stabilize and 
grow stronger.
  There is also no question that U.S. population assistance efforts in 
developing countries have been successful, as demonstrated by the fact 
that the average family size in countries that have received U.S. 
population assistance has decreased from six children to four. AID 
assistance has increased the use of contraceptives in developing 
countries from 10 percent of married couples in the 1970s to 50 to 60 
percent today. This not only allows for family planning which helps 
ensure healthier pregnancies, resulting in healthier babies, but is 
critical to our efforts to fight infectious diseases like AIDS that are 
plaguing many Third World countries.
  The discussion of contraceptives leads me to a very critical point . 
. . the issue before us today is not abortion, because current law 
already prohibits the use of any U.S. funds for abortion-related 
activities. This is a crucial fact that needs to be on record. Under 
the Helms amendment of 1973, U.S. funds cannot be used for abortion-
related activities and have not been permitted for that purpose for 30 
years. I support that law as an important guarantee that our 
international family planning programs stay apart from domestic debates 
on the issue of abortion.
  At the hear of the issue we are debating today is the so called 
Mexico City policy because it was at the 1984 U.N. Population 
Conference in Mexico City that the Reagan administration adopted this 
policy. Under the Mexico City policy, the Reagan administration witheld 
international family planning funds from all groups that had the 
slightest involvement in legal abortion-related services even though 
they were paid for with their own private funds. This was done despite 
the fact that similar restrictions were not placed on funding programs 
run by foreign governments that related to legal abortions. Quite 
appropriately, this policy is also referred to as the international 
``gag rule'' because it prevents organizations from even providing 
abortion counseling or referral services.
  The need for the passage of this amendment is in part about 
leadership. The United States has traditionally been the leader in 
international family planning assistance. This has been the case ever 
since this issue rose to international prominence with the 1974 U.N. 
Population Conference in Bucharest. At that time, a great number of the 
world's developing countries perceived family planning as a Western 
effort to reduce the power and influence of Third World countries. 
However, in the years since, the need and importance of family planning 
has been recognized and embraced by most developing nations.
  If, as a country, we believe in volunteerism in family planning--and 
we do--then we should maintain our leadership. Because of our leading 
role in international family planning, we have unrivaled influence in 
setting standards for family planning programs. A great number of other 
donors and recipient countries adopt our models in their own efforts.
  According to the Center for Reproductive Law and Policy, the Mexico 
City policy penalizes 56 countries whose nongovernmental 
organizations--NGOs--receive family planning assistance funds from the 
United States. NGOs are prohibited not only from providing abortion-
related services but also counseling and referrals regarding abortions.
  That is the policy; let's consider the real effect on people. 
According to the Alan Guttmacher Institute, about 4 in every 10 
pregnancies worldwide are unplanned, and 40 percent of unintended 
pregnancies end in abortion. Knowing this, the net effect of the Mexico 
City policy on these 56 nations is to limit or eliminate critical 
family planning work that has a very real impact on the quality of 
life. Moreover, the absence of family planning increases the instance 
of the one thing that the advocates of the Mexico City policy are most 
opposed to--abortion.
  The bottom line is, family planning is about health care. Too often, 
women in developing nations do not have access to the contraceptive or 
family planning services they need because contraceptives are 
expensive, supplies are erratic, services are difficult or impossible 
to obtain, or the quality of care is poor. In a report by the 
Population Action Institute it was estimated that about 515,000 women 
die each year in pregnancy and childbirth, or almost one death every 
minute, and

[[Page 17270]]

millions more women become ill or disabled. In addition, an estimated 
78,000 women die every year from illegal and unsafe abortion and 
thousands more are injured. How many women die because the access to 
these services is limited?
  Quite simply, the Mexico City policy is bad public policy. That is 
why year after year we fight for this amendment and some years we win 
in committee and other years we don't, yet we still fight this 
important fight. The Mexico City policy not only limits discussion, 
counseling, and referrals for abortion, but it also limits the ability 
of organizations, in at least 59 nations, to carry out needed family 
planning work.
  We must remember that family planning is about--just that--planning 
one's family. By spacing births at least 2 years apart, family planning 
can prevent an average of one in four infant deaths in developing 
countries. Family planning provides access to needed contraceptives and 
gives women worldwide the ability to properly space out their 
pregnancies so that they can have healthier babies, which will lead to 
healthier children and healthier nations.
  Mr. President, I urge my colleagues to support the amendment before 
us and ensure that international organizations are no longer forced to 
limit or eliminate critical family planning work that has a very real 
impact on the quality of life of women and families worldwide.
  The PRESIDING OFFICER. The Senator from Delaware.
  Mr. BIDEN. Parliamentary inquiry: Is it appropriate to ask unanimous 
consent that is how we proceed; that is, a voice vote will follow if, 
in fact, the amendment is not tabled?
  The PRESIDING OFFICER. The Senator cannot order a voice vote by 
unanimous consent.
  Mr. BIDEN. That is what I thought. That is why I asked the question. 
The amendment can be agreed to; is that possible?
  The PRESIDING OFFICER. By unanimous consent.
  Mr. BIDEN. At the time? I can't ask that now?
  The PRESIDING OFFICER. The Senator is correct. The Senator can ask 
that the amendment be agreed to now, but it must be by unanimous 
consent.
  Mr. BIDEN. Parliamentary inquiry.
  The PRESIDING OFFICER. The Senator will state his inquiry.
  Mr. BIDEN. The Senator from Indiana is about to make a motion to 
table the Boxer amendment. It has been stated verbally that if that 
tabling motion fails, then we would move to a voice vote to accept the 
Boxer amendment. Is there any way in which to get a unanimous consent 
agreement that is how we would proceed?
  The PRESIDING OFFICER. The Senator may ask that the amendment be 
agreed to by unanimous consent but cannot ask for a voice vote.
  Mr. BIDEN. I thank the Chair. Words make a difference.
  I ask unanimous consent that if, in fact, the Boxer amendment is not 
tabled, the amendment be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BIDEN. I thank the Chair and apologize for the clumsy way in 
which I phrased the question.
  I commend Senator Boxer for her leadership on this legislation. I co-
sponsored this bill in the last Congress and I am proud to support it 
again.
  The Mexico City policy, also known as the ``global gag rule,'' is bad 
policy and a bad idea.
  Let us be clear what this issue is not about. The issue is not about 
abortion--although it is often portrayed as such by the proponents of 
Mexico City. Rather, the provision is about free speech and democratic 
values.
  Longstanding law--a law authored by former Senator Jesse Helms--
already prohibits the use of U.S. funds to perform or promote 
abortions.
  Let me repeat that. Current law, on the books for nearly three 
decades and authored by our former colleague Jesse Helms, already bans 
the use of U.S. taxpayer dollars to perform or promote abortions. Any 
assertion to the contrary is false.
  The ``Mexico City'' policy goes much further: it demands that 
foreign, nongovernmental organizations which receive U.S. population 
assistance funds agree that they will stop using their own funds to 
discuss with their own governments how abortion will be regulated.
  No such restrictions would be imposed on U.S.-based organizations, 
for a simple reason: they would be unconstitutional under the First 
Amendment.
  Nor are such restrictions imposed on foreign governments. If they 
were, then U.S. assistance to countries such as Israel might be in 
danger, because the Israeli government uses its own funds to pay for 
abortions.
  In my view, the Mexico City policy is anti-democratic, because it 
attempts to silence foreign recipients of U.S. funds.
  It is the policy of the United States to advance the cause of 
democracy by promoting the values which we hold dear--such as freedom 
of speech, freedom of association, and freedom of the press.
  The Mexico City policy flies in the face of these fundamental values 
by attempting to restrict the speech of recipients of U.S. funds.
  This is a gag rule, pure and simple. It restricts speech. And for the 
life of me I cannot understand why anyone--Republican or Democrat--
would support a provision that would violate the First Amendment if 
applied to U.S.-based organizations.
  Of course, foreign citizens and organizations do not have 
constitutional rights. But just because we can legally apply this 
restriction does not mean that it is good policy. And I do not believe 
that it is.
  I urge my colleagues to adopt the amendment.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. I thank all Senators for their assistance in this 
procedure.
  I move to table the Boxer amendment and 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 the motion. The clerk will call the 
roll.
  The legislative clerk called the roll.
  Mr. REID. I announce that the Senator from North Carolina (Mr. 
Edwards), the Senator from Florida (Mr. Graham), the Senator from 
Massachusetts (Mr. Kerry), and the Senator from Georgia (Mr. Miller) 
are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Massachusetts (Mr. Kerry) would vote ``nay.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 43, nays 53, as follows:

                      [Rollcall Vote No. 267 Leg.]

                                YEAS--43

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

                                NAYS--53

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Byrd
     Campbell
     Cantwell
     Carper
     Chafee
     Clinton
     Collins
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Harkin
     Hollings
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Warner
     Wyden

                             NOT VOTING--4

     Edwards
     Graham (FL)
     Kerry
     Miller
  The motion was rejected.
  Mr. BIDEN. Madam President, I move to reconsider the vote.
  Mrs. BOXER. I move to lay that motion on the table.

[[Page 17271]]

  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. Under the previous order, the amendment is now 
agreed to.
  The amendment (No. 1141) was agreed to.
  Mr. LEVIN. Madam President, I move to reconsider the vote.
  Mr. LUGAR. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. Madam President, we have made progress on our bill. There 
are three amendments that will require some debate--but that will 
inevitably be accepted--still lined up for this evening.
  I encourage--and I am certain the distinguished ranking member would 
join me--all Members who want to resolve their amendments to please do 
so this evening. We will be here. We have a good opportunity to work 
through almost all of the known amendments this evening.
  Having said that, the leader has told me there will be no more 
rollcall votes and authorized me to make that announcement once again, 
We will proceed on this bill as long as it is productive. We hope 
Senators will come to the floor, offer their amendments, and have them 
resolved.
  Mr. BIDEN. Madam President, I share the view of my friend from 
Indiana. I think of the 20-some amendments out there, 99 percent of 
them are able to be worked out. Many of them will be accepted with a 
few small changes. I encourage if not the Senators, the staffs who are 
authorized to come to the floor and work them out.
  Further, it is my understanding, regarding the distinguished Senator 
from New Jersey, we should proceed on an amendment he may withdraw. 
However, he is prepared to speak to that amendment. He wants to do 
that. I promised him I would try to get him up next. I am not asking 
unanimous consent but I am talking long enough so his staff can hear 
this and get him back over here. He is ready to go.
  Mr. LUGAR. I will assist the Senator by indicating I suggest an order 
of Senator Brownback offering his amendment, then Senator Lautenberg, 
and then Senator Allen so the Senators would have some idea of the 
batting order. Senator Brownback, I understand, is prepared to go with 
an amendment on Iran that Senator Biden and I have studied. Then we 
would have Senator Lautenberg immediately following.
  Mr. BIDEN. Mr. President, I will be happy to accede to that in light 
of the fact that Senator Brownback is here to go and Senator Lautenberg 
is not.
  Mr. REID. That was just information; it was not a unanimous consent 
request.
  We have been on this bill for just a few hours. I know, having 
managed a bill or two in my day, how important it is for the two 
managers of this bill to get their legislation passed.
  Everyone has to stop and pause a little bit. The last time this bill 
came up we spent 2 weeks on it. We are not going to finish this bill in 
3 hours. Everyone should understand that. I know there are 20 
amendments and 90 percent of them will be agreed to. There may be other 
amendments that the two managers are not aware of. It is important we 
move this long and we are certainly not trying to stall this 
legislation.
  However, I apologize to Senator Lautenberg because I thought we were 
going to do no more tonight. We have a joint function that Senators are 
to attend tonight and I told Senator Lautenberg we would not be doing 
any more tonight. So that is my fault. I did not know the manager would 
try to do other amendments. We have a lot of amendments that people 
want to offer but I didn't believe tonight that was going to happen.
  I told the two leaders I would work during the night to find out some 
indication of what we would have tomorrow but in the few minutes since 
I spoke with the distinguished majority leader there are people who 
want to offer amendments. The vast majority of those amendments are 
related to this bill; they are not unrelated. Senator Murray has 
indicated she wants to offer an amendment on unemployment benefits. We 
want to make sure she has an opportunity to do that.
  I don't want to rain on the parade other than to say this bill is not 
going to be finished early tomorrow.
  Mr. BIDEN. I want to make clear what I am saying. We already know 
there are 20-some amendments out there. I believe we can settle almost 
all of those amendments by negotiation without long discussions on the 
floor tonight or tomorrow or any time. I have no illusions, having been 
here a long time--even longer than the assistant leader--that we are 
going to get this thing done quickly, nor that we may not have 
nongermane amendments that may be meritorious and may take a long time. 
I understand that.
  All I am saying is what we do know is this: Let's get it done because 
most of it is not nearly as controversial as it appears to be. That is 
the point I am trying to make. Not that I am making any predictions. 
There are two things I never predict. One is the weather and the second 
is what the Senate is going to do. So I am not predicting. I am saying 
we know what we have before us; let's get it done and we can move on 
tomorrow or the next day or next week or next year to do whatever comes 
up.
  I yield the floor.
  Mr. REID. Mr. President, I understand this bill is very important. 
The two managers have both talked to me how important they think it is, 
and I acknowledge it is important. We will try to help them any way we 
can to get this bill passed.
  The good news is Senator Lautenberg has heard us talking and he is on 
his way back. That is an amendment that will be disposed of tonight. I 
look forward to working with the two managers tomorrow to see what we 
can do to help expedite this legislation.
  Mr. LUGAR. I thank the distinguished Senator for mentioning Senator 
Lautenberg and for obtaining his attention so he will be back and we 
can proceed.
  I am prepared to yield the floor, and I understand Senator Brownback 
is prepared to offer an amendment.


                Amendment No. 1145 to Amendment No. 1136

  Mr. BROWNBACK. Mr. President, I have an amendment that I call up for 
immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kansas [Mr. Brownback] proposes an 
     amendment numbered 1145.

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

          (Purpose: To provide support for democracy in Iran)

       At the appropriate place in the amendment insert the 
     following

     SEC.   . IRAN DEMOCRACY ACT.

       (a) Findings.--The Congress finds the following:
       (1) Iran is neither free nor democratic. Men and women are 
     not treated equally in Iran. Women are legally deprived of 
     internationally recognized human rights, and religious 
     freedom is not respected under the laws of Iran. Undemocratic 
     institutions, such as the guardians council, thwart the 
     decisions of elected leaders.
       (2) The April 2003 report of the Department of State states 
     that Iran remained the most active state sponsor of terrorism 
     in 2002.
       (3) That report also states that Iran continues to provide 
     funding, safe-haven, training, and weapons to known terrorist 
     groups, notably Hizballah, HAMAS, the Palestine Islamic 
     Jihad, and the Popular Front for the Liberation of Palestine.
       (B) Policy.--It is the policy of the United States that--
       (1) currently, there is not a free and fully democratic 
     government in Iran,
       (2) the United States supports transparent, full democracy 
     in Iran,
       (3) the United States supports the rights of the Iranian 
     people to choose their system of government; and
       (4) the United States condemns the brutal treatment, 
     imprisonment and torture of Iranian civilians expressing 
     political dissent.

  Mr. BROWNBACK. This concerns providing support for democracy in Iran 
and has been previously filed and been amended.
  I worked closely with Senator Lugar, chairman of the Foreign 
Relations Committee, and Senator Biden,

[[Page 17272]]

the ranking member. Together we have worked out language that we have 
all agreed to on an important issue of democracy and promotion of 
democracy in Iran.
  This is a very important issue to the country and to the people of 
Iran. I am very thankful to the chairman and to the ranking member and 
their staffs for working together to get this language put together, 
language that is very strong, quite good, and makes a very positive 
statement.
  I rise to discuss this important issue. It is our policy toward Iran. 
As the President rightly stated, Iran is a member of the axis of evil. 
The terrorist atrocities it spreads around the world are equalled by 
the horrific atrocities committed against its own people.
  Today marks the fourth anniversary of the first major Iranian protest 
against a government that promised reform and utterly failed. I will 
show a picture to my colleagues of that protest 4 years ago, 1999, July 
9--4 years ago today. The students, protesters, were out, thousands 
protesting the Government of Iran and saying they desired freedom.
  This is a scene of that. It is being replayed again today. Protesters 
are out in Iran, even though the regime is doing everything they can to 
stop it, having quasi-police groups--really, thugs--going around and 
beating people with chains. They are putting people in prison. But 
people continue to protest.
  This is a picture of a protest taking place 2 weeks ago, not just in 
Tehran now but protests are taking place all over the country, as the 
fire of democracy and liberty continues to burn aggressively among the 
people of Iran.
  These are people who are pro-American, as well, broadly throughout 
Iran. They support the United States and our stand for freedom and 
democracy. It is important we stand with them.
  The fact we continue to see protests in Iran despite very harsh 
treatment is showing the world that these protests are growing and will 
eventually lead to real change inside Iran. It is very appropriate it 
is today that we are offering this amendment to the State Department 
authorization bill which declares firmly that America supports real 
democracy in Iran. What is there now is not democracy.
  It is a very basic message. It is extremely important that this body 
send a message to the Iranian people, and send it today, that we 
support their struggle for freedom.
  This is not just an altruistic gesture of support. Supporting the 
forces of democracy in Iran is in the direct security interest of 
America. As I am sure many of you have heard, there are new reports 
about additional nuclear weapons facilities in Iran--these are based on 
military complexes and there can now be no misunderstanding of the 
intent behind this technology. Estimates are that Iran could have 
nuclear weapons as early as 2005.
  Also, Iran has just confirmed that it has successfully tested a 
midrange missile, the Shahab-3, which is capable of hitting Israel, 
parts of Saudi Arabia and Iraq, where many of our troops are stationed.
  This means that Iran could have nuclear weapons--and the means to 
deliver them to hit us and our allies.
  Clearly, this is a bad situation which is growing worse by the day. 
So, why, in this context, would we shy away from supporting pro-
democracy forces in Iran that want to bring the rule of law, respect 
for human rights and an end to support for terrorism to their country?
  Some have said that if the U.S. supports the protestors, we will be 
bound to intervene militarily. These people have not paid attention to 
the unique situation inside Iran or the fact that Iranians don't want 
U.S. military intervention but, rather, strong moral and political 
support.
  Young people make up nearly 70 percent of the country--and they are 
taking it back from the mullah minority. The Iranian people are a 
proud, strong, and independent people. They do not need, nor do they 
want, an outside military force to come into their land. They will 
handle this matter themselves. They have already begun to do so. This 
does not mean that the military option is off the table. America 
reserves the right to protect its people and innocent civilians from a 
nuclear threat or further Iranian-backed terrorists, but this is a 
defensive option.
  To be honest, America hopes that the Iranian people change their 
regime themselves, and the hesitancy you see within America's foreign 
policy circles with regard to Iran comes largely because there is such 
hope for internal change, where there was none in Iraq or Afghanistan.
  There is no division in the U.S. Government about the fact that Iran 
is a threat to its own people and certainly to Americans. The Iranian 
people and the Iranian regime alike should know that we are united and 
resolute in our understanding of what Iran is doing. We will not allow 
Iran to spread its corruption throughout the region.
  As President Bush so clearly stated in his State of the Union Address 
this year:

       In Iran, we continue to see a government that represses its 
     people, pursues weapons of mass destruction, and supports 
     terror. We also see Iranian citizens risking intimidation and 
     death as they speak out for liberty and human rights and 
     democracy. Iranians, like all people, have a right to choose 
     their own government and determine their own destiny--and the 
     United States supports their aspirations to live in freedom.

  That is what the President, stated in the State of the Union Address 
of January 28, 2003.
  Recently, the President praised the Iranian people who kept up 
protests for over a week in the face of government sponsored thugs who 
beat innocent women with chains. The President called these protests 
``heroic'' and indeed they are.
  Just as it was an important rhetorical step for President Reagan to 
dub the Soviet Union ``an Evil Empire,'' so too it is important for us 
to recognize the current regime in Iran for what it is--an 
illegitimate, ruling elite that stifles the growth of genuine 
democracy, abuses human rights and exports terrorism.
  It is clear by the Iranian regime's treatment of its own people in 
their attempt to be heard, that Iran is no democracy.
  After all, it is the State Department's own report that classifies 
Iran as the largest state sponsor of terrorism. Do we really believe 
this is the will of the entire Iranian population? If so, we are saying 
that all Iranians are terrorists. This is wrong, and America must make 
it clear that we see the difference between the Iranian regime and the 
Iranian people--and we are supporting the people.
  You can't call a country that screens the candidates a democracy. You 
can't call a government that tortures and kills its people openly a 
democracy. You can't call a country that refuses to enforce the laws 
that the screened, elected officials pass a democracy. All this is 
currently going on under Iran's so-called reformers.
  I want to show how the reformers were elected into office. I will 
show a chart so my colleagues can easily see how we do get to the 
government that is currently in place in Iran. Seven years ago 
President Khatami was elected by the people. But how did he even get on 
the ballot? I want to show that, and also make some statements about 
his election.
  For people to be running as candidates in Iran today, they have to go 
through the Council of Guardians. This is six members appointed by the 
Supreme Leader and six by the judiciary. The Supreme Leader is 
appointed by the council as well and is appointed for life. Khamenei, 
Supreme Leader, appointed six and six by the judiciary. Then all the 
candidates running for President, Assembly of Experts, 86 clerics 
elected for 8-year terms, and the Parliament, 290 members elected for 
4-year terms, all these candidates have to be vetted by this 12-member 
council, so you can't get on the ballot unless you clear through the 
12-member council for any of these three--the Parliament, the Assembly 
of Experts, or the President. You can't get on the ballot unless you 
clear through these 12 people, 6 appointed by the Supreme Leader who is 
appointed by them for life, never stands for election in front of the 
people, and 6 appointed by the judiciary. This is not a free election.

[[Page 17273]]

  What about Khatami's election to President? He was elected for 4 
years, for a 4-year term initially. This was 7 years ago. In his 
initial attempt he was elected. He was voted on, overwhelmingly favored 
by the people as the most reformist-minded candidate that the Council 
of Guardians would even let on the ballot. Over 60 percent of the 
people say: This is our guy because he is the most reformist, open-
minded of the group, even though he was not. And it turned out that he 
was exactly what the Council of Guardians wanted: Good face, looks a 
little friendlier, gives the people a way to voice their thoughts. But 
he did not reform. He did not bring democracy. He did not bring human 
rights. He did not bring rights to women within the country. And he 
kept the country continuing its movement toward terrorism.
  Even if you take all the power of these elected officials--so-called 
elected officials--they don't have the power over foreign policy, over 
the military, or over the Treasury. That continues to be held by the 
Supreme Leader and the Council of Guardians. So most of the power isn't 
even in the people who are so-called elected.
  This is not a democracy, and that is why the people continue to 
protest--because they do not get to pick their own leaders and they 
want to pick their own leaders.
  I want to show you what has taken place inside Iran, as a country, 
and why there is so much discontent, and why people are saying: Down 
with the President of Iran. Down with the Council of Guardians. They 
are so actively willing to protest and risk their own lives, and risk 
being arrested and beaten.
  One thing I want to point out, too, these protests that have been 
taking place in the last couple of weeks, several sons and daughters of 
parliamentarians have been arrested as protesters. They are saying: 
Look, this government is not reform minded and we, as children of the 
parliamentarians, are saying this is not reform. And they have been 
arrested. They see the fallacy of the system, that it isn't working.
  Look at this long-term trajectory pattern that Iran is on since 1978. 
Since the last government was thrown out, the Shah, and the protests 
were taking place, in 1979, what has happened to Iran? It was taken 
over by the ruling Mullahs, the Ayatolla at that time. They took 
captives of U.S. Embassy personnel for over 400-some days. Look what 
has taken place. Per capita, GDP is 20 percent lower today than in 1978 
in Iran. There is widespread corruption, which was a key contributor of 
the 1979 revolution. Youth unemployment exceeds 30 percent. There has 
been a huge population explosion. Fifty percent of the population is 
under age 20--50 percent of the population.
  There are religious legitimacy problems, persistent challenges to the 
Supreme Leader's religious credentials, and most Grand Ayatollahs do 
not approve of the Supreme Leader's doctrine on religious matters.
  So this is really fomenting a situation. All we are doing with this 
amendment, which has been agreed to, and has strong language, is saying 
this is an illegitimate government; that we should and we do support 
true democracy in Iran and the right of the people to actually choose 
their leadership in Iran.
  I think it is one of the most important things we can do. We need to 
show clear moral support to the people who are risking their lives 
today on the streets, across the country of Iran.
  I hope we can get this through, that we can express our clear support 
to the Iranian people. This will be a powerful statement to the people 
protesting today.
  I hope we can agree to this yet this evening.
  I thank the chairman for allowing me to bring it up on the floor.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. Mr. President, I thank the distinguished Senator from 
Kansas for his research, for his leadership on this issue, and for the 
amendment he has offered.
  On our side, we are prepared to accept the amendment.
  Let me inquire of the distinguished ranking member of the committee 
if he is prepared to accept it on the Democratic side.
  Mr. BIDEN. Yes. We are prepared to accept the Brownback amendment.
  Mr. LUGAR. Thank you very much.
  The PRESIDING OFFICER. If there is no further debate, without 
objection, the amendment is agreed to.
  The amendment (No. 1145) was agreed to.
  Mr. LUGAR. I move to reconsider the vote.
  Mr. BROWNBACK. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. BROWNBACK. Mr. President, I thank the chairman and ranking member 
very much for allowing us to put this forward. I think it is the very 
strong and right thing for us to do, and it is the right time.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Jersey.


                           Amendment No. 1135

  Mr. LAUTENBERG. Mr. President, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from New Jersey [Mr. Lautenberg] proposes an 
     amendment numbered 1135.

  Mr. LAUTENBERG. 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 provide justice for Marine victims of terror)

       At the appropriate place in the amendment, add the 
     following:

     SEC. __. JUSTICE FOR UNITED STATES MARINES ACT.

       (a) Short Title.--This section may be cited as the 
     ``Justice for United States Marines Act''.
       (b) Amendment.--Section 1404C(a)(3) of the Victims of Crime 
     Act of 1984 (42 U.S.C. 10603c(a)(3)) is amended by striking 
     ``December 21, 1988, with respect to which an investigation 
     or'' and inserting ``October 23, 1983, with respect to which 
     an investigation or civil or criminal''.

  Mr. LAUTENBERG. Mr. President, I rise to offer an amendment which we 
are calling Justice for the United States Marines. The amendment would 
make sure that the families of the 241 U.S. marines who were killed by 
terrorists in 1983 have equal access to assistance from the Federal 
crime victims fund.
  In 1996, I authored a law that enabled terrorism victims' families to 
receive assistance to file suit against foreign sponsors of terror. 
This enabled families to receive judgments for those countries that 
aided terrorists in killing their children.
  My amendment makes two small changes in the current Victims of Crime 
Act that would allow these families the same rights as other terror 
victims. Right now, technicalities in the current law would deny these 
rights to Marine families who lost family members in the tragic 
barracks bombing in Beirut, Lebanon, in 1983.
  My amendment is simple. First, it changes the date of eligibility in 
the current law to terrorist acts that occurred ``on or after October 
23, 1983''--the day of the vicious attack on the U.S. Marine barracks 
in Beirut.
  Second, my amendment clarifies an ambiguity in the original law about 
the type of cases that are eligible for Federal funds.
  On October 23, 1983, a suicide bomber affiliated with Hezbollah 
detonated a truck full of explosives at a U.S. Marine barracks located 
at the Beirut International Airport. Shortly after this took place, I 
was there and saw what remained of the building. It was almost totally 
destroyed. Two hundred and forty-one U.S. marines were killed that 
night, and more than 100 were wounded the same day. They were part of a 
contingent of 1,800 marines who had been sent to Lebanon as a part of a 
multinational force to help separate warring Lebanese factions.
  The loss to those families of these victims was enormous. These 
marines were killed by terrorists as they slept in their barracks. 
Terrorists are cowards. The marines didn't even have a chance to fight 
back.

[[Page 17274]]

  But now the families of these marines are able to fight back against 
the sponsors of this terrorist act through our judicial system. On May 
30, 2003, the United States District Court for the District of Columbia 
found Iran liable for the Beirut Marine Corps barracks bombing. The 
court found that Iran sponsored this terrorist act by Hezbollah, and 
was, therefore, accountable to these families.
  This trial now proceeds to the damages phase. The court wants to use 
over a dozen ``special masters'' to hear the damage claims of the 
participating victims' families. Each special master will hear 
approximately 15 cases.
  The court has requested the use of the crime victims fund in order to 
pay for the cost of employing these special masters. Terror victims are 
generally permitted to make use of this fund but a technicality in the 
law is preventing these families from utilizing this resource.
  The technicality is that the law now says the crime victims fund can 
be used to assist victims of terrorist acts occurring on or before 
December 21, 1988. The problem is that the Marine barracks was bombed 
on October 23, 1983--approximately 5 years earlier. We need to change 
the date so the U.S. Marine families can see justice done.
  In finding Iran liable for this horrible terrorist act in Beirut, the 
judge said the following, which I want to read to the Senate. He said:

       No order from this Court will restore any of the 241 lives 
     that were stolen on October 23, 1983. Nor is this Court able 
     to heal the pain that has become a permanent part of the 
     lives of their mothers and fathers, their spouses and 
     siblings, and their sons and daughters. But the Court can 
     take steps that will punish the men who carried out this 
     unspeakable attack, and in so doing, try to achieve some 
     small measure of justice for its survivors, and for the 
     family members of the 241 Americans who never came home.

  I would also like to share with my colleagues the poignant words of 
one victim's family member after the court's recent ruling. Captain 
Vincent Smith, from Camp Lejeune's 24th Marine Amphibious Unit, was one 
of the service members killed in the bombing.
  After the court's ruling, Captain Smith's sister said:

       I think the whole family feels that the ruling gives us a 
     sense of justice after all of these years. Finally, someone 
     has been named a guilty party . . . It's a huge sense of 
     justice to say that the government of Iran is guilty.

  My amendment will allow the cases of these U.S. Marine families to 
move forward so they can hold the sponsors of this terrorist act 
accountable.
  Since September 11, 2001, this Congress has worked hard to provide 
justice to the families and communities affected by terrorist acts. It 
is critical that we also devote attention to the losses incurred by 
many American families in earlier terrorist incidents.
  I urge my colleagues to vote for this amendment in order to extend 
justice to the families of the 241 Marines killed in the Beirut 
bombing.
  We need to teach sponsors of terror that they will be held 
accountable. A vote for my amendment will help further this lesson by 
bringing the perpetrators of this 1983 terrorist act to justice.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. Mr. President, I have listened very carefully to the 
distinguished Senator from New Jersey. What is the desire of the 
Senator? Does he desire to proceed to a vote on his amendment?
  Mr. LAUTENBERG. I would like to see the amendment accepted. I would 
like to have a vote on this amendment, unless, of course, the amendment 
is acceptable to both sides.
  Frankly, I think it is a good amendment. It does justice in some 
measure to the memory of those who were killed. They were there as a 
peacekeeping force--1,800 of them. A quarter of the force was killed in 
that single incident. The crime victims fund is a fund that is there to 
assist--not to provide damage awards to the people but to help them 
discover the evidence that is necessary. The fund has a few hundred 
million dollars which would assist these 15 special masters by 
providing them per diem so they can travel and get the details from 
these families, as they must do in order to have a sensible trial for 
damages.
  Mr. LUGAR. Mr. President, I appreciate that thought of the Senator. I 
indicate the amendment still needs to be discussed by some Members who 
have asked for an opportunity to speak; therefore, I am not prepared to 
accept it on our side at this point. So I am hopeful the Senator will 
allow us to lay the amendment aside temporarily for action tomorrow 
morning when others will be present to speak, and then we would 
progress in the normal order to resolution.
  Mr. LAUTENBERG. I have no objection.
  Mr. LUGAR. I thank the Senator.
  Mr. President, I ask unanimous consent that the Lautenberg amendment 
be temporarily laid aside and that Senator Allen be recognized.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Virginia.


                Amendment No. 1144 To Amendment No. 1136

  Mr. ALLEN. Mr. President, I call up amendment No. 1144.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Virginia [Mr. Allen], for himself and Mr. 
     Alexander, and Mr. Graham of South Carolina, proposes an 
     amendment numbered 1144.

  Mr. ALLEN. 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 enhance efforts to combat the piracy of United States 
                         copyrighted materials)

       At the end of subtitle B of title II, add the following:

     SEC. 214. COMBATTING PIRACY OF UNITED STATES COPYRIGHTED 
                   MATERIALS.

       (a) Program Authorized.--The Secretary may carry out a 
     program of activities to combat piracy in countries that are 
     not members of the Organization for Economic Cooperation and 
     Development (OECD), including activities as follows:
       (1) The provision of equipment and training for law 
     enforcement, including in the interpretation of intellectual 
     property laws.
       (2) The provision of training for judges and prosecutors, 
     including in the interpretation of intellectual property 
     laws.
       (3) The provision of assistance in complying with 
     obligations under applicable international treaties and 
     agreements on copyright and intellectual property.
       (b) Discharge Through Bureau of Economic Affairs.--The 
     Secretary shall carry out the program authorized by 
     subsection (a) through the Bureau of Economic Affairs of the 
     Department.
       (c) Consultation With World Intellectual Property 
     Organization.--In carrying out the program authorized by 
     subsection (a), the Secretary shall, to the maximum extent 
     practicable, consult with and provide assistance to the World 
     Intellectual Property Organization in order to promote the 
     integration of countries described in subsection (a) into the 
     global intellectual property system.
       (d) Funding.--Of the amount authorized to be appropriated 
     for other educational and cultural exchange programs by 
     section 102(a)(1)(B), $5,000,000 may be available in fiscal 
     year 2004 for the program authorized by subsection (a).

  Mr. ALLEN. Mr. President, I rise on behalf of my colleagues, Senator 
Alexander of Tennessee and Senator Graham of South Carolina, to offer 
amendment No. 1144, which will provide direct assistance to developing 
countries to combat piracy of U.S. copyrighted works, materials, and 
intellectual property.
  Specifically, our amendment authorizes $5 million for the State 
Department to provide equipment and training to foreign law enforcement 
officials--judges and prosecutors--as well as assistance in complying 
with that foreign country's obligations under the appropriate 
international copyright and intellectual property treaties.
  The United States is the world's largest creator, producer, and 
exporter of copyrighted materials. Unfortunately, this vital, important 
sector of our country's economy is at great risk due to widespread 
global piracy. This piracy and theft is more specifically defined as 
the unauthorized reproduction, distribution, and sale of U.S.-made 
movies, music, software, video games, and other creative works.
  The widespread piracy of U.S. copyrighted works and intellectual 
property threatens U.S. jobs. It threatens

[[Page 17275]]

our businesses, creativity, and our economic prosperity.
  In 2001, the U.S. recording industry alone lost $4.2 billion to the 
piracy of compact discs worldwide. The U.S. motion picture industry 
lost $3 billion to videocassette piracy, and the U.S. video game 
entertainment industry lost $1.9 billion due to piracy in just 14 
countries.
  In 2000, hard-goods piracy cost the U.S. business software industry 
$11.8 billion.
  A recent study was commissioned by the Business Software Alliance, 
and it concluded that the largest trade barrier facing the U.S. 
software industry is worldwide software piracy. An estimated 37 
percent--37 percent--of all software loaded onto computers globally in 
2000 was illegal--37 percent illegal.
  Most importantly, this report by the Business Software Alliance found 
that by lowering the software piracy rates by just 10 percent around 
the world, the IT industry would contribute an additional $400 billion 
in economic growth worldwide.
  This is a very serious problem that needs to be addressed here at 
home and internationally. Unfortunately, though, developing and 
economically depressed countries have significant problems enforcing 
intellectual property protection laws due primarily to a lack of law 
enforcement training and expertise.
  Under the requirements of the World Trade Organization's Agreement on 
Trade Related Aspects of Intellectual Property Rights, all WTO 
countries must have a legal frame in place to effectively protect 
intellectual property and copyrighted works. Therefore, in order to be 
compliant, a nation must not only have adequate civil and criminal laws 
regarding copyright protection, but it also must effectively enforce 
those laws.
  Our amendment would provide assistance and resources to adequately 
train and enforce intellectual property laws in developing countries. 
This amendment will significantly aid efforts to protect American 
copyright holders all around the world. Our amendment does not increase 
the overall authorization level in this bill but, rather, constitutes a 
small portion--less than 2 percent of the entire budget--for 
educational and cultural exchange programs.
  This amendment has broad support from both the content and technology 
industries. For example, the Recording Industry Association of America, 
the Motion Picture Association of America, the EMI Music Group, and the 
Walt Disney Company all support this amendment. Additionally, the 
Business Software Alliance, Apple Computers, AutoDesk, Cisco Systems, 
Entrust, Hewlett-Packard, IBM, Intel, Intuit, Adobe, Network 
Associates, Symantec, and Microsoft all support the Allen-Alexander-
Graham amendment.
  Mr. President, I ask unanimous consent that letters from these groups 
be printed in the Record at the conclusion of my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. ALLEN. Thank you, Mr. President.
  Mr. BIDEN. Will the Senator yield for a unanimous consent request?
  Mr. ALLEN. I yield.
  Mr. BIDEN. Mr. President, I ask unanimous consent that I be added as 
a cosponsor to the amendment.
  Mr. ALLEN. It would be my great honor and pleasure to add Senator 
Biden of Delaware as a cosponsor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. ALLEN. Mr. President, I thank my colleagues, in particular 
Senator Alexander and Senator Lindsey Graham, as well as Senator Biden, 
for their hard work. I know the Senator who is presiding over the 
Senate right now cannot respond, but I very much appreciate Senator 
Alexander's understanding, hard work, and support for this amendment. 
And I urge the rest of my colleagues to vote in favor of this important 
provision.
  Finally, I express my gratitude to our chairman of the Foreign 
Relations Committee, Senator Lugar, as well as the ranking member, 
Senator Biden, for their support, for their assistance in working 
through this amendment, and, hopefully, having it included as part of 
this important bill.
  With that, Mr. President, I yield the floor.

                               Exhibit 1

                                    Recording Industry Association


                                                   of America,

                                     Washington, DC, July 9, 2003.
     Senator George Allen,
     Senate Russell Office Building,
     Washington, DC.
       Dear Senator Allen: The Recording Industry Association of 
     America (``RIAA'') would like to express its strong support 
     for the Allen/Alexander amendment to the State Department 
     Authorization bill being considered by the Senate. The 
     amendment would authorize $10 million to the State Department 
     for purposes of working with law enforcement officials in 
     nations around the world to increase enforcement of 
     intellectual property laws.
       One of the greatest challenges facing the music industry, 
     and other domestic industries that produce intellectual 
     property, is international physical piracy. In recent years, 
     the U.S. recording industry has lost nearly $5 billion in 
     revenues as a result of physical piracy around the world. 
     Although the RIAA and its sister international organization, 
     IFPI, continue to work cooperatively with diplomatic and law 
     enforcement entities throughout the world in an effort to 
     address this growing problem, the Allen/Alexander amendment 
     would significantly aid our efforts to protect American 
     intellectual property abroad.
       We appreciate the leadership of Senators Allen and 
     Alexander and strongly support their amendment to the State 
     Department Authorization bill.
                                                    Mitch Glazier,
     Senior Vice President Government Relations.
                                  ____



                                                The EMI Group,

                                       New York, NY, July 9, 2003.
     Senator George Allen,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Allen: On behalf of EMI--the world's third 
     largest music company--I am writing to express our support 
     for the Allen-Alexander Amendment to the Department of State 
     Authorization bill currently pending in the Senate. The 
     Allen-Alexander Amendment would authorize a State Department 
     program to finance technical support and assistance for 
     foreign governments that are combating intellectual property 
     theft.
       As you know, many of the industries founded on intellectual 
     property are facing an international physical piracy crisis. 
     In the last few years, international physical piracy has 
     increased dramatically. Today, the pirate music market is 
     estimated to be worth more than $4 billion a year and is 
     having a substantial impact on our legitimate business. Many 
     legitimate international markets that were once vibrant are 
     being destroyed by physical, pirate product. Worldwide, about 
     40 percent of all music sold is pirate product. In countries 
     like Mexico, Taiwan, and Brazil, the piracy rates exceed 60 
     percent. These were once countries where the record companies 
     could build successful businesses.
       International physical piracy is having a real impact on 
     our companies. It contributed to our decision last year to 
     publicly and painfully cut our work force by about 20 
     percent. As a result, hundreds of people were laid off in the 
     United States. Moreover, we had to pare our artist rosters by 
     one third. Other record companies have had to make similar 
     moves and have actually withdrawn from countries where they 
     once ran successful businesses--countries like Greece and 
     Paraguay.
       EMI, the other record companies and our trade associations 
     are working hard to protect ourselves. The Recording Industry 
     Association of America has investigators throughout the 
     country--from Miami, to Chicago, to Los Angeles to New York. 
     The International Federation of the Phonographic Industry has 
     hundreds of investigators worldwide. In the last 18 months, 
     due to their work, more than 60 illegal production lines with 
     a combined capacity of nearly 300 million CDs (equal to about 
     \1/3\ of the U.S. market and larger than the entire market in 
     France) were shut down. EMI has a high-ranking executive in 
     charge of worldwide anti-piracy efforts. We have full-time, 
     anti-piracy employees in every major EMI office worldwide.
       But physical piracy has become the province of organized 
     crime, and we cannot fight it without government help. Asian 
     Triads and the American Mafia among other groups have been 
     linked to physical piracy. Drug gangs, arms dealers and human 
     smugglers have turned to music piracy to get quick easy money 
     for their activities. Many of these counterfeiting rings are 
     heavily armed. Our investigators and local law enforcement 
     officers risk their lives when they raid pirate operations. 
     Physical piracy involves complex, organized crime rings. They 
     move quickly and across international boundaries.
       A U.S. program to provide financial assistance to foreign 
     governments fighting this crime will prove invaluable. It 
     will demonstrate the U.S. government's meaningful

[[Page 17276]]

     commitment to protecting one of its vital industries, and it 
     will provide foreign government's with the resources they 
     need to fight this problem. Without this assistance and 
     without U.S. leadership, the problem will continue.
       EMI is the only major record company whose sole business is 
     music. We are dedicated to making the music business work and 
     thrive. And we have a workable model to accomplish that goal. 
     We are aggressively distributing our product digitally and 
     physically. We have implemented significant measures to curb 
     rampant physical piracy, and we remain committed to 
     intensifying those efforts in the future.
       We appreciate your leadership in this important area and 
     look forward to working with you to curtail the international 
     physical piracy that is afflicting our industry.
           Yours sincerely,

                                                   Ivan Gavin,

                                          Chief Operating Officer,
     EMI Music, North America.
                                  ____

                                        Motion Picture Association


                                             of America, Inc.,

                                     Washington, DC, July 9, 2003.
       Dear Senator Allen: I write to you today to express our 
     support for the Allen/Alexander Amendment, which we feel will 
     prove to be a useful and effective tool in combating 
     international piracy of copyrighted works. As you are no 
     doubt aware, addressing the piracy of our creative works is 
     an issue of primary importance to us.
       The corrosive fallout of copyright poses an ever-growing 
     hurdle, costing the film industry than $3 billion annually. 
     Piracy in the international realm is of particular concern, 
     since our industry earns approximately 40% of its revenues 
     outside of the United States. International piracy has proven 
     to be an enduring problem, threatening to eviscerate this 
     vital market. All too often studios must compete in these 
     foreign markets with illicit copies that have been illegally 
     available for months before films arrive in foreign theaters, 
     hit store shelves, or debut on the TV program guide.
       The film industry is not the only victim vulnerable to 
     theft--an entire segment of the economy is jeopardized. The 
     piracy of America's intellectual property poses a grave 
     threat to all of the U.S. Copyright Industries. These 
     industries--movies, home video and television programming, 
     music and sound recordings, books, video games and software--
     are a vital engine of economic growth for the American 
     economy and generate more international revenues than any 
     other single manufacturing sector, including automobiles and 
     auto parts, aircraft, and agriculture. They are responsible 
     for more than five percent of the nations' total GDP and are 
     creating new jobs at three times the rate of the rest of the 
     economy. The film industry alone has a surplus balance of 
     trade with every country in the world.
       We feel this measure will help fight international piracy 
     and we support your efforts in addressing this problem.
           Sincerely,
     Ken Inouye.
                                  ____



                                      The Walt Disney Company,

                                                   Washington, DC.
     Senator George Allen,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Allen: I am writing to express The Walt Disney 
     Company's support for the Allen/Alexander amendment designed 
     to provide direct assistance to non-OECD countries for the 
     purpose of combating piracy of U.S. copyrights works.
       Copyright piracy costs the film industry more than $3 
     billion annually. You and Senator Alexander should be 
     commended for your leadership in this effort. Staunching 
     copyright piracy both domestically, and internationally, 
     should be a paramount goal of our government. Piracy 
     undercuts the creative process and saps the strength of the 
     U.S. copyright industry, which is a leading source of job 
     creation and exports.
           Sincerely,
                                                       Mitch Rose,
     Vice President.
                                  ____



                                   Business Software Alliance,

                                     Washington, DC, July 9, 2003.
     Hon. George Allen,
     U.S. Senate,
     Washington, DC.
       Dear Senator Allen: On behalf of the members of the 
     Business Software Alliance, I am writing in support of the 
     Allen-Alexander amendment to S. 925, the State Department 
     Authorization bill.
       Piracy results in significant harms to the U.S. software 
     industry. BSA conducts an annual survey of software piracy 
     around the world. In 2002, our study identified an estimated 
     $13 billion in software piracy. This piracy results in lost 
     jobs and tax revenues at a time when economic growth is 
     critical to the continued success of our industry.
       The Allen-Alexander amendment will authorize the State 
     Department to educate nations about the world about the 
     importance of copyright protection. The future growth of the 
     software industry will be predominantly overseas where IT 
     investments are still just beginning. Ensuring that software 
     is properly licensed around the world, instead of pirated, 
     will result in greater American tax revenues. This effort to 
     authorize the State Department to educate foreign law 
     enforcement and judicial officials about priracy deserves 
     full Congressional support.
           Sincerely,
                                                 Robert Holleyman,
     President and Chief, Executive Officer.
                                  ____



                                           Network Associates,

                                                     July 9, 2003.
     Hon. George Allen,
     U.S. Senate,
     Washington, DC.
       Dear Senator Allen: On behalf of Network Associates, Inc., 
     a world leader in security and availability software, I am 
     writing in support of the Allen-Alexander amendment to S. 
     925, the State Department Authorization bill.
       Piracy results in significant harms to the U.S. software 
     industry. The Business Software Alliance conducts an annual 
     survey of software piracy around the world. In 2002, their 
     study identified an estimated $13 billion in software piracy. 
     This piracy results in lost jobs and tax revenues at a time 
     when economic growth is critical to the continued success of 
     our industry.
       The Allen--Alexander amendment will authorize the State 
     Department to educate nations about the world about the 
     importance of copyright protection. The future growth of the 
     software industry will be predominantly overseas where IT 
     investments are still just beginning. Ensuring that software 
     is properly licensed around the world, instead of pirated, 
     will result in greater American tax revenues. This effort to 
     authorize the State Department to educate foreign law 
     enforcement and judicial officials about piracy deserves full 
     Congressional support.
       At Network Associates, we see piracy as a tool for 
     criminals to use for their own nefarious gain. By proactively 
     educating foreign law enforcement and judicial officials 
     about piracy, we can begin to reduce the threats not only to 
     our industry, but to the integrity of intellectual property 
     itself.
           Sincerely,
                                              Stephen C. Richards,
     Chief Operating Officer & Chief Financial Officer.
                                  ____

                                               Interactive Digital


                                         Software Association,

                                     Washington, DC, July 9, 2003.
     Hon. George Allen,
     U.S. Senate, Russell Office Building, Washington, DC.
       Dear Senator Allen: The Interactive Digital Software 
     Association (IDSA) is the U.S. trade association dedicated to 
     serving the business and public affairs needs of companies 
     that publish interactive games for video game consoles, 
     personal computers, handheld devices, and the Internet. The 
     IDSA's members collectively accounted for more than 90 
     percent of the entertainment software sold in the U.S. in 
     2002. IDSA operates an anti-piracy program aimed at combating 
     the global piracy of our members' products.
       We are writing to convey our full support for S. 925 and 
     its provision for training resources for law enforcement 
     officials, prosecutors and judges in non-OECD countries. Many 
     non-OECD countries are the locales of some of the most 
     virulent piracy environments afflicting our industry, not 
     only from the standpoint of impeding the development of 
     legitimate local markets for entertainment software but also 
     frequently serving as the seedbed for the large-scale 
     manufacture and export of thousands of infringing copies to 
     destinations around the world.
       A lack of knowledge of and appreciation for intellectual 
     property among local law enforcement officials, prosecutors 
     and even judges in many of these countries are frequently 
     material factors contributing to the ineffectiveness of 
     efforts to control and reduce the activities of local 
     pirates. There is no question that the allocation and 
     application of resources to address this problem would go a 
     long way to enhancing the productivity of local law 
     enforcement efforts targeting local pirate operations. 
     Accordingly, IDSA would like to express its full support for 
     the bill and its objectives.
           Sincerely,
                                                  Frederic Hirsch,
     Senior Vice President.
                                  ____



                                                      Entrust

                                                     July 9, 2003.
     Hon. George Allen,
     U.S. Senate,
     Washington, DC.
       Dear Senator Allen: On behalf of Entrust, Inc., I am 
     writing in support of the Allen--Alexander amendment to S. 
     925, the State Department Authorization bill.
       As you know, piracy results in significant harm to the U.S. 
     software industry, which results in lost jobs and tax 
     revenues at a time when economic growth is critical to the 
     continued success of our industry.
       The Allen-Alexander amendment will authorize the State 
     Department to educate nations about the importance of 
     copyright protection. The future growth of the software 
     industry will be predominantly overseas where IT investments 
     are still just beginning. Ensuring that software is properly 
     licensed around the world, instead of pirated,

[[Page 17277]]

     will result in greater American tax revenues. This effort to 
     authorize the State Department to educate foreign law 
     enforcement and judicial officials about piracy deserves full 
     Congressional support.
       Thank you for your leadership,
           Sincerely,
                                                 Daniel F. Burton,
                               Vice President, Government Affairs.

  Mr. LUGAR. Mr. President, 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. ALEXANDER. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Allen). Without objection, it is so 
ordered.
  Mr. ALEXANDER. Mr. President, I rise in support of the antipiracy 
amendment that the Senator from Virginia just discussed and of which I 
am proud to be a cosponsor.
  I am delighted that Senator Biden from Delaware, Senator Graham from 
South Carolina, and other Members of the Senate are either cosponsors 
or interested in this amendment.
  The Senator from Virginia has explained, very clearly, why this is 
important, why it is important to authorize the State Department to 
establish an antipiracy program that will help foreign governments 
establish and protect intellectual property rights. It authorizes $5 
million for the program, which is an important amount, a good start, 
but a relatively small amount in the overall bill.
  The antipiracy program, as the Senator from Virginia explained, would 
help protect American intellectual property abroad by, first, providing 
equipment and training for foreign law enforcement of intellectual 
property rights; second, train judges and prosecutors; and, third, 
assist foreign governments in complying with obligations under 
appropriate international copyright and intellectual property treaties 
and agreements.
  We all know the importance of this. We have come to take it for 
granted in our country. We are a country of inventors, of artists, of 
entrepreneurs, of creators. So much of our wealth and our uniqueness 
comes from that. The Senator from Virginia knows that because of the 
technological progress in his State, as there is in mine. We know it in 
Tennessee especially because of our musicians.
  We know the importance of protecting physical property in America. 
The owner has bought it or built it, and it belongs to them. 
Intellectual property should be treated no differently. Whether it is a 
song or a computer program, a patent or a piece of art, someone has 
created it, and it should belong to him or to her until he or she 
chooses to sell it or to give it to someone else.
  Nashville is the home of country music. Memphis is the home of the 
blues. A lot of our Tennessee music started in Bristol which spreads 
itself across the States of Virginia and Tennessee. We have strong 
feelings about this in our part of the world.
  The music business is suffering because of mass piracy of 
intellectual property. In the past 4 years, unit shipments of recorded 
music have fallen by 26 percent. In terms of sales, revenues are down 
14 percent, from $14.6 billion in 1999 to $12.6 billion last year. The 
music industry worldwide has gone from a $39 billion industry in 2000 
down to $32 billion in 2002, which is a decline of 18 percent. Much of 
this decline is due to music piracy, most of which occurs on the 
Internet. Computer users illegally download more than 2.6 billion 
copyrighted files, mostly songs, every month. At any given moment, 
approximately 4 to 5 million users are on line offering an estimated 
800 million files for copy.
  According to a November 2002 survey by Peter D. Hart Research, by a 
2-to-1 margin most consumers who say they are downloading more music 
report that they are purchasing less. Much of this problem is domestic. 
We need to acknowledge that. But some of it also comes from abroad. 
About 25 percent of the total files available on unauthorized Internet 
services are hosted outside the United States.
  In my State of Tennessee, this theft of intellectual property hurts a 
key sector of our economy. Nashville is home to more than 29 different 
major and independent record labels and 52 recording studios. It has 
one of the Nation's largest concentrations of song writers, performers, 
and music publishers. An estimated 20,000 Nashvillians work in music 
tourism, broadcasting, and related fields. The city is home to more 
than 1,500 entertainment companies. Musicians unions have more than 
5,500 members in Music City.
  I think the Presiding Officer can understand, especially because of 
his leadership on this issue, why protecting their intellectual 
property rights means more than just helping one artist earn money off 
a hit record. It means protecting thousands of jobs and maintaining an 
industry that brings joy to millions of fans in this country and around 
the world.
  I urge my colleagues to support the amendment which authorizes a 
small but important amount of money to protect intellectual property 
rights around the world.
  I thank the Senator from Virginia for his leadership and yield the 
floor.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. Mr. President, we commend the distinguished Senators who 
have offered this amendment and worked carefully through the text of it 
to an amendment that is acceptable to both sides. I indicate my support 
and we are prepared to accept the amendment. My understanding is that 
the distinguished Senator from Delaware, the ranking member, is 
prepared to accept the amendment.
  Mr. BIDEN. I am prepared to accept the amendment.
  The PRESIDING OFFICER. If there is no further debate, without 
objection, the amendment is agreed to.
  The amendment (No. 1144) was agreed to.
  Mr. ALLARD. Mr. President, I rise today to thank the Foreign 
Relations Committee for their hard work on the legislation before us. 
Specifically, I am pleased to see included in S. 925, the State 
Department authorization, a provision relating to the international 
military education training and foreign military financing for 
Indonesia.
  The committee has seen fit, and rightly so, to deny the release of 
any of these funds to Indonesia without certification from our 
President that the Indonesian Government has taken effective measures 
to conduct an investigation into the August 2002 attacks on American 
citizens and to prosecute those responsible.
  By now I know that my colleagues in the Senate are aware of the 
tragedy that occurred last August in West Papua, Indonesia, which 
resulted in the deaths of two Americans. Justice has still not been 
found for Rick Spier or Ted Burgeon, and I am grateful that the Foreign 
Relations Committee has recognized the need for Indonesia and its 
military apparatus to determine what has occurred. Hopefully, this 
provision will demonstrate to the Indonesian Government that the United 
States Senate will not allow this issue to fall to the wayside, and 
that we remain committed to finding and punishing those responsible.
  Mr. REID. 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. LUGAR. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________