[Congressional Record (Bound Edition), Volume 149 (2003), Part 13]
[House]
[Pages 18107-18114]
[From the U.S. Government Publishing Office, www.gpo.gov]




   FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2004 AND 2005--
                                Resumed

  The Committee resumed its sitting.
  Mr. SHAYS. Mr. Chairman, I rise in strong support of the Hyde/Lantos 
amendment and want to thank the gentlemen for their leadership.
  The Millennium Challenge Account is an excellent initiative, and I 
believe it will make great strides in the way the United States 
provides aid to countries most in need.
  I rise today, however, to speak about the Peace Corps, which will be 
reauthorized and expanded under this amendment.
  I spent two of the greatest, most profound, years of my life serving 
with my wife Betsi as a Peace Corps volunteer in Fiji. Words cannot 
describe how important those years were to me, and how they helped me 
to develop as a person and a leader.
  Expanding the Peace Corps from 7,000 to 14,000 members is an 
excellent idea. We will

[[Page 18108]]

have an extra 7,000 well-trained and motivated young people prepared as 
future leaders of America. More importantly, this expansion doubles our 
commitment to the world's poor. 7,000 additional Peace Corps volunteers 
will help educate children, improve small businesses, bring cleaner 
water for communities, and provide hope for many more communities 
around the world.
  I appreciate the Chairman and Ranking Member's commitment to the 
expansion of the Peace Corps, and urge the adoption of the Hyde/Lantos 
Amendment.
  Ms. McCOLLUM. Mr. Chairman, I rise today in support of the Hyde-
Lantos amendment.
  I am greatly encouraged by the bipartisan work of this body in moving 
forward with the Millennium Challenge Account (MCA) and reauthorization 
of the Peace Corps. Today, we take a significant step forward in 
addressing the needs of the developing world and strengthening the 
United States commitment to our global neighbors and families.
  While I support the unprecedented increase in foreign assistance 
provided through the MCA, I am concerned with the lack of environmental 
safeguards in the bill. Last night the Rules Committee refused to make 
in order my amendment to address this critically important issue. This 
amendment would have promoted environmental sustainability and the 
protection of our natural resources by requiring the compact made 
between the U.S. and an eligible country, under MCA, include an 
environmental assessment and regular benchmarks to monitor an evaluate 
impacts during the implementation of the project.
  Any development initiative that offers lasting relief from poverty 
and promotes economic opportunity must take into account the protection 
of the natural resources on which all people--all families--depend 
upon. The major environmental challenges facing the world today--water 
scarcity, poor sanitation, degradation of agricultural lands, and 
pandemic diseases, such as malaria--weaken the foundation for a strong 
and prosperous economy, a secure nation, and poverty reduction.
  In order for developing countries to assure the protection of their 
natural resources, achieve sustainable economic growth and promote the 
health, education and well-being of their citizens an assessment of the 
environmental effects of projects funded through the MCA should be 
required to be conducted. This amendment is consistent with 
environmental assessments currently required under the Foreign 
Assistance Act for USAID and the Overseas Private Investment 
Corporation--two of our largest foreign development organizations. 
These assessments are required for U.S.-sponsored development projects 
around the world and I believe should continue to be used on all future 
projects funded through the MCA.
  The MCA places a strong emphasis on the ability of developing nations 
to invest in their people wisely, rule justly and pursue sound economic 
principles that stimulate enterprise and entrepreneurship. Although we 
can all agree that each of these principles is critically important, it 
is unrealistic to expect any developing nation to achieve these 
principles unless a healthy environment exists. Without clean air, 
clean water and the protection of our natural resources, sustainable 
development, adequate health care and education, a stable open market 
and opportunities for economic growth are not possible. Economic growth 
at the expense of the environment is completely contradictory to the 
development goals of the United States.
  If investments in development are to yield sustainable benefits, the 
effects on a developing nation's natural resources must be taken into 
account. To do this, an assessment of a project's environmental impact 
must be part of a country's development plan from the beginning.
  I look forward to working with Chairman Hyde, Ranking Member Lantos 
and my colleagues in the other body on this important issue in the 
weeks and months ahead.
  Mr. THORNBERRY. Mr. Chairman, I rise in support of the amendment 
offered by Chairman Hyde and Mr. Lantos to implement the Millennium 
Challenge Account. MCA can truly provide the revolution in foreign 
assistance so desperately desired by the American taxpayers and by the 
people in the countries we are trying to help.
  I am particularly interested in the language related to property 
rights. The amendment includes property rights as one of the primary 
objectives and metrics to be used in assessing progress in recipient 
countries. The work of Peruvian economist Hernando do Soto provides 
real, empirical evidence that property rights is the key to economic 
progress. All too often, our attempts to help other peoples has ignored 
this fundamental building block.
  Economic success of any people or nation requires that individuals 
are motivated to work and accumulate wealth. That ``wealth'' might look 
like a shack to us, but if one can begin to accumulate something of 
value and have that wealth protected by the government, one will be 
more likely to work to build more. If that wealth can then be passed 
along to one's children, one is motivated to work even harder and has a 
stake in the future of that system. Hope for the future is absolutely 
critical for future economic success and for success in the war on 
terrorism. Respect for the rule of law and a legal system that protects 
the fruits of one's labors must be established. No amount of money for 
economic development will be successful without them.
  This amendment is a hopeful start toward much needed reform. I 
support it and hope we can build on it in order to achieve a better 
future for all of us.
  Mr. PETRI. Mr. Chairman, I rise in support of the Hyde/Lantos 
amendment, which would authorize the establishment of the Millennium 
Challenge Account and support the doubling of the number of Peace Corps 
volunteers to 14,000 by the year 2007.
  I served as a Peace Corps volunteer in Somalia for two years, which 
was a meaningful experience for me. The Peace Corps has proven to be a 
very cost-effective mechanism for disseminating foreign assistance--
from the bottom up. Doubling the number of Peace Corps volunteers will 
only make these efforts more effective, and allow more U.S. citizens to 
serve our country on the international level.
  The Hyde/Lantos amendment also provides for the establishment of a 
new and innovative foreign aid initiative, the Millennium Challenge 
Account.
  This initiative shows great promise as it would fund programs which 
already have shown impressive rates of performance. U.S. foreign aid 
would then be invested in those programs that actually work, not just 
those that promise to work.
  Expanding the Peace Corps and establishing the Millennium Challenge 
Account will make U.S. foreign aid more accountable and effective. I 
encourage my colleagues to support this amendment.
  Mr. CROWLEY. Mr. Chairman, as an original cosponsor of the Millennium 
Challenge Account, I rise to speak in strong support of the Hyde/Lantos 
amendment.
  The MCA has the potential to do much good throughout the developing 
world and I commend Chairman Hyde and Mr. Lantos for working together 
to produce a strong bipartisan bill.
  This bill represents the largest spending increase in foreign aid by 
the United States in the past half century.
  The MCA will provide increased development assistance to the world's 
poorest nations.
  The MCA will not just give out this aid to the worlds poorest 
countries instead they will have to meet a set of indicators to be 
eligible for MCA funding.
  These indicators include the rule of law and good governance to name 
a few.
  When countries realize that meeting these standards not only enables 
them to receive aid through MCA but also puts them on the right path to 
economic and political sustainability.
  I want to thank the Chair and the Ranking Member for including a 
priority of mine, language highlighting the role credit unions and 
other micro-enterprise development offers for economic growth.
  This bill will also enable a small amount of aid to near miss 
countries, these are the countries that demonstrate a commitment to 
development but fail to meet a sufficient number of performance 
standards.
  The MCA will not only help those countries that receive aid but will 
encourage countries who do not qualify to make the necessary changes to 
meet the required indicators.
  I urge all my colleagues to support this amendment.
  Mr. LANTOS. Mr. Chairman, I have no further requests for time, and I 
yield back the balance of my time.
  The CHAIRMAN pro tempore. It is now in order to consider amendment 
No. 3 printed in House Report 108-206.


Amendment No. 3 Offered by Mr. Kennedy of Minnesota to Amendment No. 2 
                          Offered by Mr. Hyde

  Mr. KENNEDY of Minnesota. Mr. Chairman, I offer an amendment made in 
order pursuant to the rule.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment to 
the amendment.
  The text of the amendment to the amendment is as follows:

       Amendment No. 3 offered by Mr. Kennedy of Minnesota to 
     amendment No. 2 offered by Mr. Hyde:
       Page 14, line 10, add at the end before the semicolon the 
     following: ``, including, with

[[Page 18109]]

     respect to investment in the health of its citizens, a 
     calculation of the amount of both public and private 
     expenditures on health initiatives as a percentage of the 
     gross domestic product of the country''.

  The CHAIRMAN pro tempore. Pursuant to House Resolution 316, the 
gentleman from Minnesota (Mr. Kennedy) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from Minnesota (Mr. Kennedy).
  Mr. KENNEDY of Minnesota. Mr. Chairman, I yield myself such time as I 
may consume, and I rise to support the Millennium Challenge Account. My 
amendment deals with the manner in which countries are deemed eligible 
on the basis of public health expenditures.
  The Millennium Challenge Account and the corporation which will be 
created to administer it will have three basic criteria for 
eligibility: nations will be required to rule justly, invest in their 
people, and encourage freedom. Those nations that qualify will be 
eligible for grants for projects involving the development of 
agriculture, education, health, trade and investment capacity.
  Mr. Chairman, I have a concern about how this will actually work. The 
administration's plans call for a country's investment in health to be 
measured solely on the amount of public sector expenditure. Mr. 
Chairman, I worry that such a requirement may inadvertently provide an 
incentive to developing nations to rely exclusively on solutions in the 
public sector instead of seeking the energy and innovation of the 
private sector. This oversight might end up hurting fledgling market 
systems from developing.
  We need to make sure that we are encouraging nations to pursue 
private sector solutions to their problems whenever possible. Mr. 
Chairman, I am prepared to withdraw my amendment if the gentleman from 
Illinois, the distinguished chairman of the Committee on International 
Relations, will enter into a colloquy with me.
  Mr. HYDE. Mr. Chairman, will the gentleman yield?
  Mr. KENNEDY of Minnesota. I yield to the gentleman from Illinois, the 
distinguished chairman of the Committee on International Relations.
  Mr. HYDE. Mr. Chairman, the gentleman from Minnesota makes a very 
good point. The Millennium Challenge Account is not about creating big 
government or promoting socialized health care. Instead, it is about 
promoting responsibility and accountability on the part of governments 
of developing countries. I am confident that the President's proposal 
is an appropriate way to hold these governments to high standards and 
is an appropriate manner in which to determine eligibility.
  But the gentleman's point is a good one. We should not be exporting 
big government to developing countries, but we should be promoting 
government that is responsive and accountable to its citizens.
  Mr. KENNEDY of Minnesota. Mr. Chairman, reclaiming my time, I thank 
the distinguished chairman for his consideration. I look forward to 
working with him on this bill to ensure the final legislative product 
resolves this potential defect in what I believe is an important 
initiative.
  Mr. Chairman, I ask unanimous consent to withdraw my amendment.
  The CHAIRMAN pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  The CHAIRMAN pro tempore. The gentleman's amendment is withdrawn.
  It is now in order to consider amendment No. 4 printed in House 
Report 108-206.


Amendment No. 4 Offered by Mr. Kolbe to Amendment No. 2 Offered by Mr. 
                                  Hyde

  Mr. KOLBE. Mr. Chairman, I offer an amendment made in order by the 
rule.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment to 
the amendment.
  The text of the amendment to the amendment is as follows:

       Amendment No. 4 offered by Mr. Kolbe to amendment No. 2 
     offered by Mr. Hyde:
       Page 15, beginning on line 17, strike ``fiscal year 2006'' 
     and insert ``fiscal years 2004 through 2006''.
       Page 16, line 6, strike ``fiscal year 2006'' and insert 
     ``each of fiscal years 2004 through 2006''.
       Page 16, line 8, strike ``fiscal year 2006'' and insert 
     ``the fiscal year involved''.

  The CHAIRMAN pro tempore. Pursuant to House Resolution 316, the 
gentleman from Arizona (Mr. Kolbe) and a Member opposed each will 
control 10 minutes.
  The Chair recognizes the gentleman from Arizona (Mr. Kolbe).

                              {time}  1445


 Amendment No. 4 Offered by Mr. Kolbe, as Modified, to Amendment No. 2 
                          Offered by Mr. Hyde

  Mr. KOLBE. Mr. Chairman, I ask unanimous consent that the amendment 
to the amendment be modified in the form I have sent to the desk.
  The CHAIRMAN pro tempore (Mr. Ose). The Clerk will report the 
modification.
  The Clerk read as follows:

       Amendment No. 4 offered by Mr. Kolbe, as modified, to 
     amendment No. 2 offered by Mr. Hyde:
       Page 15, beginning on line 17, strike ``fiscal year 2006'' 
     and insert ``fiscal years 2005 through 2006''.
       Page 16, line 6, strike ``fiscal year 2006'' and insert 
     ``each of fiscal years 2005 through 2006''.
       Page 16, line 8, strike ``fiscal year 2006'' and insert 
     ``the fiscal year involved''.

  Mr. KOLBE (during the reading). Mr. Chairman, I ask unanimous consent 
that the modification be considered as read and printed in the Record.
  The CHAIRMAN pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. HYDE. Mr. Chairman, I claim the time in opposition to the 
amendment, and I ask unanimous consent to yield half of my time to the 
gentleman from California (Mr. Lantos) and that he may control that 
time.
  The CHAIRMAN pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  The CHAIRMAN pro tempore. Is there objection to the modification 
offered by the gentleman from Arizona (Mr. Kolbe)?
  There was no objection.
  Mr. KOLBE. Mr. Chairman, I yield myself 5 minutes.
  Mr. Chairman, I thank the gentleman from Illinois (Mr. Hyde) and the 
gentleman from California (Mr. Lantos) for the exceptionally good work 
that they and their committee have done in bringing this Millennium 
Challenge Account legislation to the floor as part of this State 
Department authorization. It is one of the more important things that 
we have done in the last several years.
  The amendment that I have offered at the desk, the revision, would 
extend the number of countries eligible to apply for the Millennium 
Challenge Funding Account for a single year only of 2004. As drafted in 
my original amendment, it would have been for 2004, 2005 and 2006. The 
underlying bill is for 2006, so this would extend it for 1 year.
  I offer this amendment because I think it is critical for U.S. 
foreign policy and because I think this debate is more about the 
signals of good governance that we have in countries around the world. 
It is about investing in people and economic freedom. It is more about 
that than it is about money; and I am concerned about the signal that 
we are sending to a lot of countries around the world, the so-called 
lower middle income countries who are not going to be able to join this 
process of applying for the MCA in my view until too late if we do not 
include them now.
  That includes many countries in this hemisphere; and, as we know with 
the AIDS Initiative which the President has announced, it is almost 
exclusively limited to Africa. With the way this is drafted to now, it 
would be limited to mostly countries in Africa until at least the year 
2006 and then limited to only 20 percent of the money after that.
  I think our hemisphere is being left behind, and I believe, from 
traveling down there very recently, I have found that people down there 
do feel this way about it. So the debate is not really about money. The 
issue of this development in the developing world has never really been 
about money. It is about

[[Page 18110]]

the quality of political, economic and social governance.
  The amendment that I am offering today would make sure that the 
signals are sent out to more countries around the world that they, too, 
can participate in this. Because it is about whether or not they have 
shown the commitment to good governance as to whether or not they can 
apply.
  As the bill is structured, there are two pools of countries. Those 
with per capita incomes below $1,435 a year, that is in Tier 1 or the 
first pool; and the second tier are those between $1,435 and $2,995 per 
year. As drafted, the second tier would only become eligible to 
participate in the year 2006. The Tier 1 countries, those with incomes 
below $1,435, are eligible to qualify if they need 16 performance 
indicators envisioned by the President. They are ranked, and we will 
not go into the details of that.
  But how many countries in Tier 1 would qualify? Estimates range on 
the number of countries with below $1,435 in per capita incomes, but we 
might have as many as 80 or 90 countries being evaluated. How many 
countries in Tier 2 might? There are another 30 countries that might 
qualify as a result of that.
  That is what this is about, those second tier countries, some 30 in 
number, that otherwise would have to wait until 2006 before they can 
compete for even 20 percent of the resources included in this bill.
  What is the impact of this amendment? Immediately, in the first year 
only, a few countries in the Western Hemisphere are eligible to 
compete. Those are the Tier 1 countries. That would include in this 
hemisphere Nicaragua, Haiti, Guyana, Honduras, Bolivia, Ecuador, and 
Paraguay. That is only seven out of 80 or 90 countries around the world 
that might participate that come in our own hemisphere; and two of 
those, Ecuador and Paraguay, are likely to find themselves cut off 
because they are right at the edge, and if their income exceeds that, 
they would then drop out of being eligible to participate. So we might 
find only five countries in the entire Western Hemisphere that are able 
to participate.
  What kind of Latin American countries are going to be left behind if 
we do not have this amendment until at least 2006? Countries such as 
Guatemala, Colombia, Peru, El Salvador, Dominican Republic, St. Vincent 
and Grenadines, Jamaica, and Belize. Many of these countries have a 
tremendously low income level. Many of these countries are ones where a 
large percentage of those people in those countries are living below 
the $1 a day. Sixteen percent of the people in Guatemala live at less 
than $1 a day, and 23 percent in El Salvador live on less than $1 a 
day. This is the absolute bare minimum that the United Nations says 
represents the poverty level. These are countries that will not be 
eligible if they have the good governance, and many of these countries 
do, to participate in this program until the year 2006.
  I am just suggesting, give them some hope. Move them up 1 year and 
give them an opportunity to participate 1 year earlier. At that time, 
we will have more money, I am convinced, available to us to fund these 
programs than we do in this very first year, which is why I have 
limited it to only adding the year 2005.
  Mr. Chairman, I reserve the balance of my time.
  Mr. LANTOS. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise in opposition to the amendment, but I respect 
the dedication with which the gentleman from Arizona has advocated on 
behalf of development assistance generally and the Millennium Challenge 
Account particularly. His dedication to the less fortunate in the 
developing world is to be commended. It is in this spirit of goodwill 
and compassion for the people, the lower middle income countries, that 
I know the gentleman from Arizona (Mr. Kolbe) offers his amendment.
  Unfortunately, I am convinced that the gentleman's amendment will 
serve to deplete the very limited funds that are available for 
countries with the lowest per capita incomes and, by definition, 
countries which have fewer resources and less recourse to alternative 
financing. Moreover, the widespread poverty that often exists in the 
countries the gentleman from Arizona (Mr. Kolbe) is talking about is 
due to the vast income disparities which exist in many of these 
countries. The underlying cause of those disparities will not be solved 
by the Millennium Challenge Account but rather through a change of 
domestic policies in those countries, a reality which the gentleman 
from New Jersey (Mr. Payne) addressed through his amendment in 
committee. I, therefore, regretfully must urge my colleagues not to 
support the Kolbe amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. KOLBE. Mr. Chairman, I yield 2 minutes to the gentleman from New 
Jersey (Mr. Menendez).
  Mr. MENENDEZ. Mr. Chairman, I thank the gentleman for offering the 
amendment and rise in favor of it. It is similar to an amendment that I 
offered in the Committee on International Relations.
  I believe this amendment helps create economic stability in the 
Western Hemisphere which will then create political stability, stem the 
flow of undocumented workers, improve health care and biodiversity, and 
ultimately create a growing market for American products and services.
  Now, 200 million citizens in Latin America and the Caribbean earn 
under $2 a day, 100 million live on less than $1 a day, and yet these 
poorest of the poor in our hemisphere will not qualify for assistance 
under the MCA. Experts tell us that only 15 to 25 million of those 200 
million of the poorest of the poor would benefit from the MCA.
  Without this amendment, only 3 out of the 34 democracies in the 
Western Hemisphere would be included in the first year. That is not in 
the national interest of the United States. That ultimately undermines 
the problems we are having in the Western Hemisphere where there is a 
serious concern by leading analysts and experts on our hemisphere who 
say that, in fact, the march for democracy and free markets is being 
undermined. Latin Americans believe that march towards democracy and 
free markets is not bringing good things to their life.
  I applaud what is being done generally with the Millennium Challenge 
Account, but we need to bring the countries of Latin America and the 
Western Hemisphere into this as well. I applaud the gentleman's 
amendment. I believe it is limited in its scope, and I urge support of 
it.
  Mr. HYDE. Mr. Chairman, I yield myself 2 minutes.
  While the Kolbe amendment is based on the idea of promoting more 
assistance for people in Latin and South America, the result of this 
amendment will be middle income countries like Russia and Turkey 
becoming eligible. The administration vigorously opposes the bill if 
this amendment were adopted, so I urge its defeat. It is harmful and it 
is opposed by the widest possible assemblage of interests, Republicans, 
Democrats, NGOs, U.S. Conference on Catholic Bishops and, I am told, 
the White House.
  It is well-intentioned, but it would disrupt the compromise that the 
gentleman from California (Mr. Lantos) and I worked on for many months. 
This plan sets aside MCA assistance for the poorest countries in 2004 
and 2005 and opens up eligibility for lower middle income countries in 
2006. The Kolbe amendment would make middle income countries around the 
world eligible for MCA in 2005, countries that are less in need of MCA 
assistance than the poorer countries.
  Low-income countries have much greater needs; and if they meet the 
other criteria proposed, we will be helping more people on the road to 
human development and economic growth. For instance, the infant 
mortality rate in low-income countries is 69 per 1,000 live births, but 
in lower middle income countries it is only 27 per 1,000 live births. 
Life expectancy in low-income countries is only 56 years, whereas in 
lower middle income countries like Turkey, it is 70 years. Lower middle 
income countries receive other U.S. assistance. The group of countries 
that would become eligible in the third

[[Page 18111]]

year includes many countries of strategic importance to the U.S. These 
countries also receive already the largest share of U.S. economic and 
security assistance.
  I know this is a well-intentioned amendment, but I urge its defeat.
  Mr. Chairman, I reserve the balance of my time.
  Mr. KOLBE. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
Florida (Ms. Harris).
  Ms. HARRIS. Mr. Chairman, I vigorously support the amendment of the 
gentleman from Arizona (Mr. Kolbe). We share one central concern, and 
that is by limiting the MCA's authority to assist lower middle income 
countries to a 20 percent cap in the final year of authorization, we 
undermine the very foundation of President Bush's visionary initiative. 
Further, basing a country's eligibility for assistance on per capita 
national income ignores the key reality that in Latin America large 
subregions labor under tremendous disparity in income. The income of 
many of these subregions remains far below the income of many of the 
nations targeted for assistance under the MCA.

                              {time}  1500

  Chairman Hyde's original draft of this bill included a provision that 
permitted MCA to consider subregions in determining eligibility. 
Further, by giving per capita national income levels disproportionate 
weight, the proponents of this amendment unintentionally penalize the 
nations that are pursuing the very reforms MCA seeks to promote. We 
will not find more eager, receptive partners for MCA than our friends 
and neighbors in the Western Hemisphere. We must stand with them side 
by side particularly as they confront the poisonous rhetoric that 
entices them to jettison the extraordinary democratic progress that 
they have made during this last decade.
  Absent this amendment, few nations in the Americas may qualify for 
MCA. Congress must not sacrifice the MCA's desperately needed reforms 
upon the altar of political expediency. We must find a more balanced 
approach.
  Mr. LANTOS. Mr. Chairman, I am delighted to yield 2 minutes to the 
gentleman from New Jersey (Mr. Payne), the distinguished ranking member 
of the Subcommittee on Africa.
  Mr. PAYNE. Mr. Chairman, I rise in strong opposition to the amendment 
offered by the gentleman from Arizona. My colleagues in the Committee 
on International Relations and I have worked hard to ensure that the 
authorization of the Millennium Challenge Account stays true to its 
original purpose and objectives. Those were to reduce poverty, to 
reward good governance, and to encourage free market activity.
  The MCA, as passed through the Committee on International Relations, 
would focus in the first year on the low-income countries that are IDA 
eligible, meaning those countries which are determined to be the 
poorest countries in the world by the World Bank, and expand the pool 
to include low-income countries that meet the historic cutoff for IDA 
in the second year, and then establish a separate competition for 
lower-middle-income countries in the third year. The NGO community and 
think tanks such as the Center for Global Development and the Brookings 
Institution have advocated focusing funding on just the low-income and 
IDA-eligible countries. However, I am not pushing for that, and we said 
that we do believe that the third tier should come in.
  I could not agree more with the gentleman from New Jersey (Mr. 
Menendez). We have overlooked Latin America. However, we should not 
take what the concept of the Millennium Challenge Account is to do and, 
therefore, say that we should include many of the Latin American 
countries that are in the lower-middle-income tier. I think we need to 
focus on Latin America. I think that we have a responsibility to do 
something there. But I think it should be a separate program that we 
should take a look at how we adjust the problems of immigration and so 
forth in this hemisphere.
  I stand supportive of the opposition to the amendment. There are even 
lower-middle-income countries in Africa, such as South Africa and 
Namibia, where there is a skewed income level but they are ineligible 
also, and they should be because we should deal with the poorest of the 
poor, especially those countries that are trying to have good 
governance, that are looking to improve.
  I urge the defeat of the Kolbe amendment.
  Mr. HYDE. Mr. Chairman, I yield the balance of my time to the 
gentleman from California (Mr. Royce).
  Mr. ROYCE. Mr. Chairman, firstly I would like to recognize the 
commendable spirit of the amendment because there are many countries 
throughout the world, many, where we have key interests that could use 
Millennium Challenge Account aid. But my concern is that this amendment 
by opening the door to so many middle-income countries, as the chairman 
said earlier, countries like Russia, countries like Turkey could 
actually qualify under that amendment, that would stretch the funds at 
the expense of the most impoverished, mainly in Africa.
  I serve as chairman of the Subcommittee on Africa. While the 
Millennium Challenge Account is rightly focused on developing countries 
in Latin America and in Asia too, we need to be aware that Africa is a 
continent in profound crisis. And while we have seen some positive 
developments, there is no getting around the fact that war and poverty 
and environmental degradation and so many other ills are devastating 
many African countries. Africa is the most impoverished continent in 
the world. It is the most economically marginalized continent in the 
world. With some 15 percent of the world's population, Africa does 1 
percent of the world's trade. Many African countries stand on the 
precipice of political, economic, health, and humanitarian disaster. In 
traveling through the continent last week, President Bush championed 
the Millennium Challenge Account as one means of our engagement with 
Africa. My concern is that this amendment would lessen the Millennium 
Challenge Account's impact on this continent where we do have so many 
key interests. It is for that reason that I oppose this particular 
amendment, but I certainly support the underlying Hyde-Lantos amendment 
to expand the Peace Corps and to establish the Millennium Challenge 
Account.
  I have had the chance to meet with Peace Corps volunteers serving in 
Africa, extraordinary men and women, many of whom work in challenging 
circumstances. President Bush has offered a bold vision to 
significantly expand the Peace Corps. This Hyde-Lantos underlying 
amendment gives the President what he needs to make this vision a 
reality. Under the leadership of Director Gaddi Vasquez, the Peace 
Corps is well poised to address the rapidly evolving challenges of the 
developing world. Also, the Hyde-Lantos amendment contains a provision 
that I offered in committee expressing the sense that the Peace Corps 
should return to Sierra Leone as soon as security conditions permit. 
Sierra Leone, which was so bleak a few years ago, is now making real 
strides in recovering from a horrific war. The mayhem spread by the 
Revolutionary United Front with the Liberian warlord Charles Taylor as 
the sponsor for that organization thankfully has come to an end.
  Mr. Chairman, because of this brutal conflict, the Peace Corps was 
forced to terminate its program in Sierra Leone in 1994, after a long 
tradition of service focused on education, health, and agriculture. If 
the West African region is to have a chance at peaceful development, 
Charles Taylor must be brought to justice by the Special Court in 
Sierra Leone, and programs like the Peace Corps must return.
  With the Millennium Challenge Account, we're taking a new and 
innovative approach to development aid. Countries making strides to 
root-out corruption and institute sound, market-based policies will be 
treated as partners. Our experience with the African Growth and 
Opportunity Act has shown us that these standards are an effective 
approach to engaging with the nations of Africa. The MCA rightly sets 
standards, so that all benefit: countries that receive MCA funds 
benefit, but so too does the United States--by making what

[[Page 18112]]

should be productive investments in the developing world, where our 
nation has an increasing number of key interests.
  Mr. KOLBE. Mr. Chairman, I yield myself the balance of my time.
  The CHAIRMAN pro tempore (Mr. Ose). The gentleman from Arizona (Mr. 
Kolbe) is recognized for 1\1/2\ minutes.
  Mr. KOLBE. Mr. Chairman, with all due respect, I do not think it 
would be accurate to say that the administration does vigorously oppose 
this. They have not in any way indicated, certainly to me, that they 
would. I think it is important to note that in the legislation that was 
sent up by the administration, they did not have any cap, any 20 
percent cap or any cap of any sort beginning in the year 2006 on the 
amount of funds. So it does not seem very reasonable that with a 20 
percent cap they would be opposed to having that made available to 
countries in the year 2005 that come in the second tier.
  Let me just say in conclusion that I hope my colleagues will support 
this. Again, I want to say I have the greatest respect for the chairman 
and the ranking member and the others who oppose this, but I just think 
this is really about giving hope to other countries. Let us keep our 
eye on the ball, what the MCA is and what it is not. It is not a 
poverty program. We have USAID programs that are funded through my 
subcommittee that are about that. This is about governance. This is 
about giving hope to countries that have made a commitment, that have 
made a commitment to reducing corruption, that have made a commitment 
to transparency, that have made a commitment to the rule of law, that 
have made a commitment to titling property, that have made a commitment 
to actually having development that will work to sustain economic 
growth for their people.
  Let us give them some hope. Do not turn our back now on the Western 
Hemisphere. So much has been accomplished in the last 10 years. Give 
them hope. They are teetering on the edge at this moment. This is not 
the time now for us to turn our back on these countries.
  I urge my colleagues to support this amendment allowing these 
countries in tier 2 to be eligible only 1 year earlier than otherwise 
in the Hyde-Lantos amendment.
  Mr. LANTOS. Mr. Chairman, I yield the balance of my time to the 
distinguished gentleman from California (Mr. Berman).
  The CHAIRMAN pro tempore. The gentleman from California (Mr. Berman) 
is recognized for 1\1/2\ minutes.
  Mr. BERMAN. Mr. Chairman, I thank the gentleman from California (Mr. 
Lantos) for yielding me this time. With great reluctance, I disagree on 
one of those rare occasions with my friend from Arizona, the author of 
the amendment.
  The beauty of the Millennium Challenge Account is that it is not 
about neighbors and it is not about friends and it is not about how 
much you voted with us in the U.N. and it is not what your position was 
on Iraq. It is about helping, committing a portion of our foreign 
assistance to the poorest of the poor where the people of those 
countries have undertaken steps in terms of governance to promote 
democracy, human rights in terms of respect, and economic progress and 
concern for public health and education; and where they have made those 
internal changes and reforms, to try and establish what we think is 
fundamental principles that apply to all people all around the world, 
where they have made those decisions without regard to political 
reasons, interests of neighbors versus others but simply based on their 
poverty. We are going to devote a portion of our political resources to 
helping the poorest of the poor.
  Unfortunately, when you make that decision, if you raise the 
eligibility standard earlier than it otherwise would be raised, you 
will therefore have less money to help the poorest of the poor. It is 
just automatic simple logic and math. In the lower-middle-income 
countries, you have countries like Turkey and Russia and Colombia as 
the fourth-largest recipient. I would urge we keep consistent with the 
intent of the bill and the administration's proposal, help the poorest 
of the poor and vote ``no'' on this amendment.
  The CHAIRMAN pro tempore. The question is on the amendment offered by 
the gentleman from Arizona (Mr. Kolbe), as modified, to the amendment 
offered by the gentleman from Illinois (Mr. Hyde).
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.
  Mr. KOLBE. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Arizona (Mr. 
Kolbe), as modified, to the amendment offered by the gentleman from 
Illinois (Mr. Hyde) will be postponed.
  It is now in order to consider amendment No. 5 printed in House 
Report 108-206.


Amendment No. 5 Offered by Mr. Kolbe to Amendment No. 2 Offered by Mr. 
                                  Hyde

  Mr. KOLBE. Mr. Chairman, I offer an amendment made in order by the 
rule.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment to 
the amendment.
  The text of the amendment to the amendment is as follows:

       Amendment No. 5 offered by Mr. Kolbe to amendment No. 2 
     offered by Mr. Hyde:
       Page 56, after line 3, insert the following new section:

     SEC. 310. CLARIFICATION OF ROLE OF USAID.

       (a) Status of USAID.--The Administrator of the United 
     States Agency for International Development shall report to 
     the President through, and operate under the foreign policy 
     authority and direction of, the Secretary of State. The 
     United States Agency for International Development shall be 
     administered under the supervision and operational direction 
     of the Administrator of the Agency.
       (b) Functions of USAID.--The United States Agency for 
     International Development is authorized--
       (1) to receive appropriated funds;
       (2) to be the United States Government agency primarily 
     responsible for administering sections 103 through 108 (other 
     than section 104A), 214, and 491 of the Foreign Assistance 
     Act of 1961, the ``Child Survival and Health Programs Fund'', 
     and other United States economic assistance as directed in 
     writing by the President or the Secretary of State, or as 
     otherwise provided by law;
       (3) to provide assistance to a country currently ineligible 
     for assistance provided under title II in order that it may 
     become eligible for such assistance; and
       (4) upon the request of the Chief Executive Officer of the 
     Corporation and with the concurrence of the Administrator of 
     the Agency, to assist in the evaluation, execution, and 
     oversight of Millennium Challenge Compacts described in 
     section 204.

  The CHAIRMAN pro tempore. Pursuant to House Resolution 316, the 
gentleman from Arizona (Mr. Kolbe) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from Arizona (Mr. Kolbe).
  Mr. KOLBE. Mr. Chairman, I yield myself such time as I may consume. 
As I understand it, this will be acceptable to the committee. Let me 
just say, these are clarifying amendments that clarify the authority of 
both the Secretary of State and USAID to the Millennium Challenge 
Account and I think just helps make it clear the lines of authority.
  Mr. HYDE. Mr. Chairman, will the gentleman yield?
  Mr. KOLBE. I yield to the gentleman from Illinois.
  Mr. HYDE. Mr. Chairman, this is good government practice. It improves 
the bill. I do not see any reason why the administration would oppose 
it. I think my friend, the gentleman from California (Mr. Lantos), 
supports this. And so I urge the adoption of this amendment.
  Mr. LANTOS. Mr. Chairman, I will not oppose this amendment at this 
time. However, there are a number of concerns with the amendment, 
including changing USAID's relationship to the Department of State.
  For example, current law provides that USAID is under the ``direct 
authority and foreign policy guidance of the Secretary of State.'' The 
amendment has a different formula. Not sure how these two different 
responsibilities will be reconciled.
  Moreover, the amendment provides that USAID have certain 
responsibilities under the Foreign Assistance Act, but leaves out a 
number of important programs. These include assistance to promote human 
rights and democracy, protection and management of the environment, 
preservation of tropical forests, assistance for victims of torture, 
and assistance to victims of trafficking in persons.

[[Page 18113]]

  I think we need to carefully consider what other provisions of law 
are properly on this list.
  Finally, I am unclear how this provision relates to other parts of 
the legislation with respect to USAID's role in providing Millennium 
Challenge Assistance. Under the legislation before the House, USAID is 
on the Board of the new Corporation, must be consulted regarding 
Millennium Challenge Contracts, and plays a variety of other roles. 
Nothing is mentioned in this provision in this regard.
  I look forward to working with the Chairman of the Committee and the 
Gentleman from Arizona in working on this amendment as the legislative 
process moves forward.
  Mr. KOLBE. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN pro tempore. The question is on the amendment offered by 
the gentleman from Arizona (Mr. Kolbe) to the amendment offered by the 
gentleman from Illinois (Mr. Hyde).
  The amendment to the amendment was agreed to.


          Sequential Votes Postponed in Committee of the Whole

  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, 
proceedings will now resume on those amendments on which further 
proceedings were postponed in the following order: amendment No. 1 
offered by the gentleman from New Jersey (Mr. Smith), amendment No. 4 
offered by the gentleman from Arizona (Mr. Kolbe), and amendment No. 2 
offered by the gentleman from Illinois Mr. Hyde).
  The first electronic vote will be conducted as a 15-minute vote. 
Remaining electronic votes will be conducted as 5-minute votes.


           Amendment No. 1 Offered by Mr. Smith of New Jersey

  The CHAIRMAN pro tempore. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from New Jersey 
(Mr. Smith) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 216, 
noes 211, not voting 8, as follows:

                             [Roll No. 362]

                               AYES--216

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Beauprez
     Bereuter
     Berry
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Carter
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Costello
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (TN)
     Davis, Jo Ann
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Doyle
     Dreier
     Duncan
     Ehlers
     Emerson
     English
     Everett
     Feeney
     Flake
     Fletcher
     Forbes
     Fossella
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gibbons
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Goss
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Holden
     Hostettler
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     John
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kennedy (MN)
     Kildee
     King (IA)
     King (NY)
     Kingston
     Kline
     Knollenberg
     LaHood
     Latham
     LaTourette
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas (KY)
     Lucas (OK)
     Manzullo
     McCotter
     McCrery
     McHugh
     McInnis
     McIntyre
     McKeon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Ortiz
     Osborne
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Pombo
     Porter
     Portman
     Putnam
     Quinn
     Radanovich
     Rahall
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Sherwood
     Shimkus
     Shuster
     Simpson
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Stenholm
     Stupak
     Sullivan
     Tancredo
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Upton
     Vitter
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--211

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Ballance
     Bass
     Becerra
     Bell
     Berman
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boehlert
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Case
     Castle
     Clay
     Clyburn
     Conyers
     Cooper
     Cramer
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Dunn
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Foley
     Ford
     Frank (MA)
     Frelinghuysen
     Frost
     Gerlach
     Gilchrest
     Gonzalez
     Gordon
     Granger
     Green (TX)
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Hill
     Hinchey
     Hinojosa
     Hoeffel
     Holt
     Honda
     Hooley (OR)
     Houghton
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (CT)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy (RI)
     Kilpatrick
     Kind
     Kirk
     Kleczka
     Kolbe
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lofgren
     Lowey
     Lynch
     Majette
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Obey
     Olver
     Ose
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Platts
     Pomeroy
     Price (NC)
     Pryce (OH)
     Ramstad
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Shaw
     Shays
     Sherman
     Simmons
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Sweeney
     Tanner
     Tauscher
     Thomas
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Wilson (NM)
     Woolsey
     Wu
     Wynn

                             NOT VOTING--8

     Berkley
     Ferguson
     Gephardt
     Greenwood
     Hayworth
     Janklow
     Jefferson
     Millender-
       McDonald
  



                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (Mr. Ose) (during the vote). Members are 
advised there are 2 minutes remaining on this vote.

                              {time}  1533

  Mr. TURNER of Texas, Ms. McCARTHY of Missouri, Mr. LARSEN of 
Washington, Mrs. TAUSCHER, and Ms. LORETTA SANCHEZ of California 
changed their vote from ``aye'' to ``no.''
  Mr. ORTIZ changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr HAYWORTH. Mr. Chairman, as you know, I was absent today for 
medical reasons. If I had been in attendance, I would have voted 
``yes'' on rollcall vote No. 362.
  Stated against:
  Mr. GREENWOOD. Mr. Chairman, on rollcall No. 362 I was inadvertently 
detained and failed to vote. Had I been present, I would have voted 
``no.''


 Amendment No. 4 Offered by Mr. Kolbe, as Modified, to Amendment No. 2 
                    Offered by Mr. Hyde, as Amended

  The CHAIRMAN pro tempore. The pending business is the demand for a 
recorded vote on amendment No. 4 printed in House Report 108-206, as 
modified, by the gentleman from Arizona (Mr. Kolbe) to the amendment by 
the gentleman from Illinois (Mr. Hyde) on which further proceedings 
were postponed and on which the noes prevailed by voice vote.

[[Page 18114]]

  The Clerk will redesignate the amendment, as modified, to the 
amendment.
  The Clerk redesignated the amendment, as modified, to the amendment.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 110 
noes 313, not voting 11, as follows:

                             [Roll No. 363]

                               AYES--110

     Abercrombie
     Aderholt
     Baca
     Baird
     Ballance
     Ballenger
     Barton (TX)
     Bass
     Becerra
     Bell
     Biggert
     Bishop (NY)
     Boehlert
     Bono
     Boucher
     Bradley (NH)
     Brown (OH)
     Cannon
     Capuano
     Carson (OK)
     Castle
     Clyburn
     Cole
     Crenshaw
     Crowley
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     Diaz-Balart, L.
     Diaz-Balart, M.
     Ehlers
     Evans
     Farr
     Foley
     Ford
     Frank (MA)
     Frelinghuysen
     Frost
     Gerlach
     Gilchrest
     Gonzalez
     Graves
     Green (TX)
     Greenwood
     Grijalva
     Gutierrez
     Gutknecht
     Harris
     Hill
     Hinchey
     Hinojosa
     Houghton
     Johnson (CT)
     Kaptur
     Kelly
     Kilpatrick
     Kirk
     Kolbe
     Maloney
     Markey
     Marshall
     Matheson
     McCarthy (MO)
     Meehan
     Menendez
     Miller (NC)
     Miller, Gary
     Moore
     Napolitano
     Neal (MA)
     Nethercutt
     Olver
     Ortiz
     Ose
     Oxley
     Pallone
     Pastor
     Platts
     Quinn
     Radanovich
     Renzi
     Reyes
     Rodriguez
     Rothman
     Roybal-Allard
     Ryan (OH)
     Sandlin
     Serrano
     Shadegg
     Shays
     Sherwood
     Simmons
     Smith (WA)
     Snyder
     Solis
     Stupak
     Sullivan
     Sweeney
     Thomas
     Towns
     Udall (CO)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Weiner
     Weldon (FL)
     Weldon (PA)
     Wicker

                               NOES--313

     Akin
     Alexander
     Allen
     Andrews
     Bachus
     Baker
     Baldwin
     Barrett (SC)
     Bartlett (MD)
     Beauprez
     Berman
     Berry
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonilla
     Bonner
     Boozman
     Boswell
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cantor
     Capito
     Capps
     Cardin
     Cardoza
     Carson (IN)
     Carter
     Case
     Chabot
     Chocola
     Clay
     Coble
     Collins
     Conyers
     Cooper
     Costello
     Cox
     Cramer
     Crane
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Deal (GA)
     DeLauro
     DeLay
     DeMint
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Emanuel
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Everett
     Fattah
     Feeney
     Filner
     Flake
     Fletcher
     Forbes
     Fossella
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gibbons
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Green (WI)
     Hall
     Harman
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hefley
     Hensarling
     Herger
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley (OR)
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     John
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Keller
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kind
     King (IA)
     King (NY)
     Kingston
     Kleczka
     Kline
     Knollenberg
     Kucinich
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Lynch
     Majette
     Manzullo
     Matsui
     McCarthy (NY)
     McCollum
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Meek (FL)
     Meeks (NY)
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller, George
     Mollohan
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Osborne
     Otter
     Owens
     Pascrell
     Paul
     Payne
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Royce
     Ruppersberger
     Rush
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Sessions
     Shaw
     Sherman
     Shimkus
     Shuster
     Simpson
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Turner (OH)
     Turner (TX)
     Udall (NM)
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Waters
     Watson
     Watt
     Waxman
     Weller
     Whitfield
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--11

     Ackerman
     Bereuter
     Berkley
     Davis, Jo Ann
     Ferguson
     Gephardt
     Hayworth
     Janklow
     Jefferson
     Millender-McDonald
     Wexler


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (during the vote). Members are reminded 
there are 2 minutes remaining in this vote.

                              {time}  1541

  Mr. SANDERS changed his vote from ``aye'' to ``no.''
  Mr. PALLONE changed his vote from ``no'' to ``aye.''
  So the amendment, as modified, to the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. HAYWORTH. Mr. Speaker, as you know, I was absent today for 
medical reasons. If I had been in attendance, I would have voted ``no'' 
on rollcall vote No. 363.
  Mrs. JO ANN DAVIS of Virginia. Mr. Chairman, on rollcall vote No. 363 
I was in a meeting with the Commissioner of the EU. Had I been present, 
I would have voted ``no.''
  Mr. BEREUTER. Mr. Chairman, a few minutes ago, I was chairing a 
meeting with the Commissioner of External Affairs, Chris Patton, of the 
European Union; and we were not able to conclude it in time. Therefore, 
I missed the vote on the Kolbe amendment to the Hyde amendment. Had I 
been here, I would have voted ``no'' on the Kolbe amendment.


            Amendment No. 2 Offered by Mr. Hyde, as Amended

  The CHAIRMAN pro tempore. The question is on the amendment No. 2 
offered by the gentleman from Illinois (Mr. Hyde), as amended.
  The amendment, as amended, was agreed to.
  The CHAIRMAN pro tempore. It is now in order to consider amendment 
No. 6 printed in House Report 108-206.

                          ____________________