July 17, 2003 CONGRESSIONAL RECORD — SENATE S9547 partner with us. That is a sign of a nouncement, as he should have. AIDS rolling and the headlines fade away, great man. I think he is a great leader is a dreadful disease which is currently this administration seems to have es- for the world as well as for Great Brit- inflicting an almost unimaginable toll tablished a troubling pattern of repeat- ain. I hope that people don’t think of it on the African continent, devastating edly making promises but failing to de- as a speech of a liberal or even of a con- entire populations. liver the dollars needed to keep them. servative. He was speaking to us as Sub-Saharan Africa has been far The drastically underfunded No Child Americans and bringing out the best in more severely affected by AIDS than Left Behind Act and the President’s us. I really am delighted that we gave any other part of the world. According skimpy funding requests to meet our him the opportunity to speak to us. to UNAIDS—the Joint United Nations homeland security needs are perfect f Program on HIV/AIDS—in 2002, there examples. were 29.4 million people living with Last week, as President Bush visited DEPARTMENT OF DEFENSE AP- HIV and AIDS in sub-Saharan Africa. five African countries, he again PROPRIATIONS ACT, 2004—Contin- Africa has about 10 percent of the pledged that the United States would ued world’s population but more than 70 play a leading role in combating AIDS. Mr. STEVENS. Mr. President, we are percent of the worldwide total of in- The President repeatedly promised to awaiting an amendment to be offered. I fected people. In fact, the infection do all in his power to make sure that hope Senators will come and bring rate among adults is about 8.8 percent Congress fully financed his proposed 5- their amendments. in Africa, compared with 1.2 percent year, $15 billion program to attack the Mr. REID. Would the Senator yield? worldwide. disease in the world’s poorest coun- Mr. STEVENS. I yield to the Senator More than 17 million Africans have tries. I commend him for having gone from Nevada. died from AIDS since its emergence, to Africa, and for promoting greater ef- Mr. REID. Mr. President, I say to the and UNAIDS estimates that by 2020, an forts to fight AIDS. distinguished comanager of the bill, we additional 55 million Africans will lose He should be held to his commitment are waiting for Senator BYRD to come their lives to the epidemic. The sheer to those in Africa who are suffering and offer his two amendments, one brutality of these statistics is hard to from AIDS. dealing with adding some money to the fathom and must tug at the hearts and Clearly, an expectation has been cre- bill, the other dealing with adding souls of all of us in this body. ated that the administration and Con- some money for AIDS, rearranging the AIDS’ severe social and economic gress will provide $3 billion toward this bill, I should say. consequences are depriving Africa of noble initiative in fiscal year 2004, as The Senator from Delaware is consid- skilled workers and teachers while re- language explicitly authorizing that ering offering an amendment and also ducing life expectancy by decades in amount for fiscal year 2004 is spelled the Senator from California, Mrs. FEIN- some countries. An estimated 11 mil- out in the new Global AIDS law that STEIN, and Senator SCHUMER. I would lion children in Africa have been or- the President proudly signed. say to those Senators or their staffs phaned by AIDS—having literally Unfortunately, despite all the recent who are within the sound of my voice watched their AIDS-inflicted parents headlines, photo-ops, and White House that Senator BYRD is not here. I am slowly slip away before their eyes. promises regarding the African AIDS sure we could move forward on one of These AIDS orphans are now facing in- crisis, the simple fact remains that the their amendments. I would recommend creased risk of malnutrition and re- President did not put enough money that they work their way to the floor duced prospects for education. AIDS is behind his promises, as he failed to in- or at least call the cloakroom so we being blamed for declines in agricul- clude $3 billion to fight AIDS in his fis- can get them lined up to offer one of tural production in some nations, and cal year 2004 budget. That is right! He their amendments. There is really a is regarded as a major contributor to requested only $1.9 billion, not the $3 down time here now. the famine threatening southern Afri- billion that the world now expects. I think it would be to everyone’s ad- ca. The United Nations Development That is $1.1 billion less than what he vantage that we move forward on this Programme Annual Report for 2003 promised. most important bill. As has been indi- states that, ‘‘HIV/AIDS is a catas- Just last Thursday, Members of this cated, we are going to certainly try to trophe for economic stability and may body went on record, by a vote of 78-to- finish this bill tonight. It appears we be the world’s most serious develop- 18, in support of a Sense of the Con- can do so. We don’t have a lot of ment crisis.’’ gress Resolution that stated our intent amendments remaining. For far too long, the world has to provide full appropriations for the The PRESIDING OFFICER. What is turned a blind eye to the suffering on $15 billion AIDS initiative touted by the will of the Senate? the African continent. Does the United our President, including $3 billion in Mr. ALEXANDER. I suggest the ab- States, as the wealthiest Nation on fiscal year 2004. sence of a quorum. Earth, not have a special moral respon- The lives of millions worldwide are The PRESIDING OFFICER. The sibility to act to alleviate some of the at stake. Now is the time to honor the clerk will call the roll. worldwide misery caused by AIDS? financial commitment made by Con- The assistant legislative clerk pro- Americans have always been generous gress and the President to combat ceeded to call the roll. and caring people, and I have no doubt Global AIDS. My amendment to the Mr. BYRD. Mr. President, I ask unan- that they would expect their elected of- Defense Appropriations bill would do imous consent that the order for the ficials to rise to the occasion and take just that by allocating $750 million in quorum call be rescinded. the lead in ridding the world of this fiscal year 2004 to the Coordinator of The PRESIDING OFFICER. Without horrid disease, wherever it takes root. United States Government Activities objection, it is so ordered. I am pleased by Congress’ initial re- to Combat HIV/AIDS Globally for the AMENDMENT NO. 1283 sponse to the President’s call for ac- purpose of making a contribution to (Purpose: To rescind $1,100,000,000 of the tion to combat the AIDS crisis in Afri- the Global Fund to Fight AIDS, Tuber- amounts appropriated for procurement and ca—with passage of the United States culosis, and Malaria and $350 million research, development, test and evalua- Leadership Against HIV/AIDS, Tuber- for the Secretary of Health and Human tion, and to appropriate $1,100,000,000 for culosis, and Malaria Act of 2003. And I Services for programs to combat AIDS fighting AIDS/HIV, tuberculosis, and ma- was encouraged that our President overseas. This amendment would be laria) publicly touted the legislation’s pas- completely offset by a $1.1 billion Mr. BYRD. Mr. President, I have an sage as a moral triumph. across-the-board cut in the amounts amendment which I shall send to the However, I have seen far too many appropriated for the Department of De- desk shortly. fancy White House bill signing cere- fense under Titles III and IV of this This January, in his State of the monies and dressed-up press releases in legislation for Procurement, as well as Union Address, President Bush an- the last 21⁄2 years to be entirely con- for Research, Development, Test and nounced a 5-year, $15 billion global fident that this Administration would Evaluation. AIDS initiative. The President re- simply keep its promise to fully fund The bill before the Senate includes ceived a lot of praise for that an- this legislation. Once the cameras stop $73,976,000,000 in procurement spending,

VerDate Jan 31 2003 03:44 Jul 18, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JY6.082 S17PT1 S9548 CONGRESSIONAL RECORD — SENATE July 17, 2003 an amount that is $1,255,000,000 above Prevention and the National Institutes of enormous number of vehicles and air- the President’s request. This bill also Health. craft that have to be replaced because includes $63,565,000,000 for research and Mr. BYRD. Mr. President, the co- of the damage they have suffered from development programs, a level that is sponsors are Senators CLINTON, PRYOR, activities in Afghanistan and Iraq. $1,738,000,000 above the President’s re- LAUTENBERG, MURRAY, and CORZINE. I The modernization funding in this quest. Certainly, the Senate should be ask they be added. account is also for the National Guard willing to reduce the current procure- The PRESIDING OFFICER. Without and Reserve. We all have some real ment and research funding by less than objection, it is so ordered. concern over the amount of money eight-tenths of 1 percent in order to The PRESIDING OFFICER. The Sen- that is already available for those ac- fulfill the President’s promise. It is his ator from Alaska. tivities. Bluntly, I do not think we can promise. He had pledged our Nation’s Mr. STEVENS. Mr. President, AIDS afford to take $1.1 billion out of defense help with one of the most dreaded and has been a matter of attention by our and put it into the Department of destructive scourges on the globe. But subcommittee since 1982. It was our State and the Department of Health he is trying to shift the burden to Con- subcommittee that initiated the first and Human Services, or Education— gress to make up the difference in the AIDS research with public funds that I wherever it goes—at this time. underfunded budget request. Congress know of in the world. That research is We are going to lose a sizable number should step up to this challenge and ap- still going on by the Department of De- of the weapons systems we would oth- propriate the money that we have al- fense. We were looking for some way to erwise modernize or replace with this ready authorized by an overwhelming prevent the transmission of AIDS. I am $1 billion. I call attention particularly vote. sad to say we have not been successful. to the fact that despite the authoriza- My amendment would allow us to ful- In the period just prior to our bill in tion and request of the President, we fill the humanitarian promise made by the eighties, I had listened to a lecture were unable to fund the F–18 fighter our Government to fight the worst pub- at the Cosmos Club where the lecturer the administration seeks to procure. lic health crisis that history has ever had predicted we would witness AIDS We are unable to fund the total amount known with a total $3 billion appro- becoming a plague—more than an epi- of F–22s. We have reduced the number priation in fiscal year 2004. demic; it actually would become a of ships in the Virginia class from This amendment would help to al- plague. That prediction has become too seven to five. I am already mentally leviate some of the misery endured by true, and the President has committed confused over why we have to be so millions of AIDS-inflicted families $15 billion over a period of 3 years for constricted, but that was the problem around the globe for roughly what we our contributions to the AIDS pro- in the overall budget. We already have spend in a single day to fund the De- gram. taken $3.1 billion out of the Defense partment of Defense. We have in our budget so far total budget and spread it through the non- Mr. President, AIDS is a catastrophe spending of $2.4 billion that is directed defense budgets in order to meet the for millions around the globe. What to global AIDS spending. I am trying objections that were raised by so many better message can we send than to re- to get the total figures. I think we Senators to the allocations we initially duce our behemoth military budget have over another $2 billion in our intended to make without that $3.1 bil- ever so slightly in order to keep our total budget directed toward AIDS lion. This would make it $4.2 billion national word to help fight this dread spending. out of Defense. disease. It is the right thing to do. It is It is true that money is going to I say to my friend from West Vir- the noble thing to do. Let’s do it. agencies other than USAID, but in for- ginia, we just cannot do that. There is Mr. BYRD. Mr. President, I send to eign operations, there is $1.5 billion, no way we can take any more money the desk an amendment. I ask unani- and Labor, Health and Human Services out of the funds we have set aside to mous consent that the following co- has $683 million. replace the aging fighters, helicopters, sponsors be added. My point is, we have an enormous and the equipment that was damaged The PRESIDING OFFICER. The amount of money in the bill before us or destroyed in Iraq and Afghanistan. clerk will report. already for AIDS spending. I am com- We do have a letter from Dr. O’Neill, The legislative clerk read as follows: pelled to oppose the Senator’s amend- the Director of Office of National AIDS The Senator from West Virginia [Mr. ment because it transfers from defense Policy. He says this: BYRD], for himself, Mrs. CLINTON, Mr. PRYOR, procurement and research and develop- By careful design, the President’s 2004 Mr. LAUTENBERG, Mrs. MURRAY, Mr. CORZINE ment programs to another bill, the budget request is for $2 billion— and Mr. BINGAMAN, proposes an amendment Health and Human Services bill and On this set-aside fund. As I said, our numbered 1283: the Agency for International Develop- accounting is that set-aside fund for On page 120, between lines 17 and 18, insert ment, which is in a third bill, the global activities is $2.241 billion. the following: State-Justice-Commerce bill, portions In any event, to continue Mr. (RESCISSION OF FUNDS) of money allocated by our committee O’Neill’s letter, he said: SEC. 8124. (a) Of the amounts appropriated to those two other subcommittees. In This request was based on the sound judg- under titles III and IV of this Act, effect, Senator BYRD’s amendment ment that funds in excess of this amount $1,100,000,000 is hereby rescinded. The Sec- would transfer from the Defense De- could not be spent effectively in this first retary of Defense shall allocate the rescinded partment to the Department of Health year. These funds will be spent in a focused amount proportionately by program, project, manner, increasing each year, to efficiently and activity. and Human Services and the Depart- ment of State $1.1 billion. and effectively create the necessary train- (b) In addition to other amounts appro- ing, technology, and infrastructure base priated or otherwise made available under I have to oppose this amendment in needed to ensure delivery of appropriate this Act, funds are hereby appropriated to the first place because I believe we medical treatment protocols and the long- the Department of Defense for fiscal year have already met the commitment of term success of this initiative. 2004 in the total amount of $1,100,000,000. the President. There is no reason I He stated in another paragraph, and I (c) Of the amount appropriated under sub- know of to accelerate that and provide section (b), the Secretary shall transfer am pulling sentences out of this letter: $750,000,000, to remain available until ex- more than the $3 billion. We have al- For the reasons stated above, the adminis- pended, to the Coordinator of United States ready committed to—as a matter of tration strongly opposes any efforts to in- Government Activities to Combat HIV/AIDS fact, because of the request initially, I crease funding beyond the $2 billion re- Globally, for an additional contribution to believe we have in excess of $4 billion quested in the President’s FY 2004 budget. the Global Fund to Fight AIDS, Tuberculosis in this budget available to us for AIDS I ask unanimous consent that the and Malaria, which shall be expended at the already. letter be printed in the RECORD in full minimum rate necessary to make timely The fund the Senator from West Vir- after my statement. payment for projects and activities. ginia would take the money from is for (d) Of the amount appropriated under sub- The PRESIDING OFFICER. Without section (b), the Secretary shall transfer the modernization of our aircraft. We objection, it is so ordered. $350,000,000 to the Secretary of Health and are trying to modernize this force. We (See exhibit 1.) Human Services for global HIV/AIDS pro- need to replace aging C–130s and the Mr. STEVENS. Prior to the Presi- grams of the Centers for Disease Control and aging C–46 helicopters. We have an dent’s initiative, the total for AIDS

VerDate Jan 31 2003 03:44 Jul 18, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JY6.084 S17PT1 July 17, 2003 CONGRESSIONAL RECORD — SENATE S9549 was $1.2 billion. It is my judgment, be- moving response he gave to the ques- that has been damaged and destroyed cause of the amount of money we are tions about AIDS. by war. spending in all the other agencies to Very clearly, right now there are two So I am forced to say to the Senator increase our knowledge and ability to issues in the amendment of the Sen- from West Virginia that I am com- pelled to make a motion to table his deal with AIDS, that this is a proper ator. First, I believe we have met the amendment at an appropriate time. I amount of money. We have the com- initial year’s objective for the Presi- mitment that this money will increase certainly do not want to do that before dent’s global initiative on AIDS. I be- my friend has had a chance to make as we get more and more people lieve we have an overwhelming amount trained. any comments he wants to make about of money in the total bills before the my comments. We listened to the Secretary of State Congress this year, all 13 appropria- I ask unanimous consent that the the other morning tell us about the tions bills, on AIDS. Further, the way schedule of the projection of spending problem we have in finding people to the Senator from West Virginia wants for global AIDS be printed in the train and help with the medical prob- to offset this amount, in my judgment, RECORD. lems of the people we are dealing with will bring great harm to the area of There being no objection, the mate- in terms of AIDS throughout Africa in modernization of our aging equipment rial was ordered to be printed in the particular. I thought it was a very and the replacement of the equipment RECORD, as follows: U.S.G. CONTRIBUTIONS TO GLOBAL HIV/AIDS SPENDING [Dollars in millions]

FY 2004 FY 2005 FY 2006 FY 2007 FY 2008 Total FY USG appropropriations budget budget budget budget budget 2004–2008

Base Bilateral Spending ...... $970 $970 $970 $970 $970 $4,850 Global Fund ...... 200 200 200 200 200 1,000 Mother to Child Initiative 1 ...... 300 n/a n/a n/a n/a 300 Emergency Plan for AIDS Relief ...... 450 1,250 1,800 2,400 2,600 8,500 TB and Malara ...... 120 120 120 120 120 600 Total HIV/AIDS Spending ...... 2,040 2,540 3,090 3,690 3,890 15,250 1 Beginning in FY2005, funding for the Mother to Child Initiative is part of the Emergency Plan.

Mr. STEVENS. It shows in 2004, $2.040 of AIDS and all of our programs other That is not disclosed on this, so there billion; in 2005, there is $2.540 billion; in than defense. is actually more than this in the total 2006, there is $3.090 billion; in 2007, The last chart I want to put in the amount for the bill. $3.690 billion; in 2008, $3.890 billion. In RECORD shows zero for defense, as far I ask unanimous consent that this all, the total is $15.250 billion over the as AIDS is concerned. In the lump sum 5-year period. This is a commitment we have for medical research, I know chart be printed in the RECORD. that we will keep. there is a sum of money that continues There being no objection, the mate- I think it is wise to start this pro- to be spent in pursuing the research rial was ordered to be printed in the gram on a sound basis. This summary I base for a way to prevent transmission RECORD, as follows: have had prepared shows all treatment of AIDS, to develop a vaccine for AIDS.

FY’04 rec- ommenda- Program FY’03 appropria- FY’04 budget re- tion???—de- tion quest pendent on allo- cation

Subcommittee—Foreign Operations: Child Survival Assistance for bilateral programs ...... 591,500,000 650,000,000 685,000,000 Child Survival Assistance for Global Fund ...... 250,000,000 100,000,000 300,000,000 Other Economic Assistance ...... 38,500,000 40,000,000 50,000,000 Bilateral Malaria & AIDS ...... 105,000,000 105,000,000 105,000,000 State Department Global AIDS Initiative ...... 0 450,000,000 450,000,000 Other ...... 2,000,000 1,500,000 1,500,000 Total Foreign Operations ...... 987,000,000 1,346,500,000 1,591,500,000

Subcommittee—Labor-HHS: CDC Global AIDS program ...... 142,569,000 143,763,000 142,569,000 CDC Mother to Child Transmission ...... 40,000,000 150,000,000 90,000,000 CDC International Applied Prevention Research ...... 11,000,000 11,000,000 11,000,000 NIH International Research ...... 252,300,000 274,700,000 274,700,000 DOL AIDS in the workplace ...... 10,000,000 0 0 Global Fund Contribution from NIH ...... 100,000,000 100,000,000 150,000,000 CDC Malaria & Tuberculosis ...... 15,000,000 15,000,000 15,000,000 Total Labor-HHS ...... 570,869,000 694,463,000 683,269,000

Subcommittee—Defense: DOD HIV–AIDS education w/African Armed Forces ...... 7,000,000 0 0

Subcommittee—Agriculture: Section 416(b) Food Aid ...... 25,000,000 0 0

Total—All Subcommittees ...... 1,589,869,000 2,040,963,000 2,274,769,000

Mr. STEVENS. Does the Senator EXHIBIT 1 ing $200 million for the Global Fund to Fight from West Virginia wish to make an THE WHITE HOUSE, HIV/AIDS, TB, and Malaria. This request is a additional statement before I make a Washington, July 17, 2003. solid first step in fulfilling the President’s motion to table? Hon. BILL FRIST, commitment of providing $15 billion over the Majority Leader, U.S. Senate, next five years to address the HIV/AIDS pan- Mr. BYRD. Yes, I do, and there are Washington, DC. demic in Africa, the Caribbean and around other Senators who wish to speak on DEAR LEADER FRIST: It is my under- the world. this. standing that an amendment regarding fund- ing for HIV/AIDS, tuberculosis and malaria I recently finished traveling to Africa with Has the Senator yielded the floor? may be offered today to the Department of the President where he saw first-hand the Mr. STEVENS. Yes, I have. Defense FY2004 appropriations bill currently positive impact that current U.S. funding is under consideration on the Senate floor. having in caring for the sick, providing I want to reiterate the Administration’s treatment for individuals living with HIV/ strong support for the FY2004 budget request of $2 billion for all international HIV/AIDS, AIDS and extending lives. He also witnessed tuberculosis and malaria activities, includ-

VerDate Jan 31 2003 05:36 Jul 18, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JY6.087 S17PT1 S9550 CONGRESSIONAL RECORD — SENATE July 17, 2003 the vast infrastructure and capacity chal- Recently, the President has traveled Last week the Senate overwhelm- lenges that need to be addressed in order to through Africa restating this commit- ingly voted 78 to 18 in support of a scale-up many of these efforts. ment, and I was quite taken by the sense-of-the-Senate resolution stating It is by careful design that the President’s FY2004 budget request is for $2 billion. This President’s words in Africa saying we that the global AIDS initiative should request was based on the sound judgment were going to meet our commitment be fully funded. That means we should that funds in excess of this amount could not and we would provide the $3 billion this fund it at the $3 billion level. be spend effectively in this first year. These year. Yet the President neglected to in- Now the Senate needs to put its funds will be spent in a focused manner, in- clude this full funding in his budget for money where its mouth is. This is the creasing each year, to efficiently and effec- this initiative. Rather than calling for amendment by which we can do it. It tively create the necessary training, tech- $3 billion in 2004 that was promised and does not detract anything from our nology, and infrastructure based needed to troops. It comes out of an account that ensure delivery of appropriate medical treat- authorized, the President’s budget calls ment protocols and the long term success of for a mere $1.9 billion, falling far short is even $1.25 billion more than the this initiative. of the promises he made and we made. President’s budget request. These funds are vital to our efforts to com- Yet the President is in Africa saying We all just returned from a joint ses- bat HIV/AIDS abroad, but must be spent in we are going to provide $3 billion. Basi- sion of Congress and we listened to the right way, at the right time. Similarly, cally, I think he said we have provided Prime Minister Tony Blair speak. I efforts to increase funding to the Global $3 billion. That is what is authorized. thought it was a fine speech; maybe Fund to Fight AIDS, TB and Malaria are not even more than that. I thought it was appropriate at this time. Currently, the We know around here you can author- United States is responsible for over 40% of ize anything but until the Appropria- a very good speech in all of its aspects. all contributions made to the Global Fund. tions Committee appropriates the But there was one aspect that pertains We have reached a critical time in the Glob- money it is meaningless. to what this amendment is about. al Fund’s development, and other nations Here is the President saying we came Prime Minister Blair said at one point must join the U.S. in supporting the work of up with the $3 billion to fight AIDS in in his speech that we cannot—we, being the Global Fund. Africa, the African leaders applaud the United States—walk away from our For the reasons stated above, the Adminis- tration strongly opposes any efforts to in- him, thanking him for that, and yet he other commitments in the world aside crease funding beyond the $2 billion re- only put $1.9 billion in the budget. from national security. He mentioned quested in the President’s FY2004 budget. I Millions of people experience pain specifically the AIDS catastrophe that appreciate your unwavering leadership on and suffering caused by the AIDS epi- is happening throughout Africa. He this issue and look forward to the continued demic. People around the world are said we have to meet our commitments strong bipartisan support of the Senate in being robbed of healthy and productive and our responsibilities there, and he ensuring the success of this lifesaving initia- lives. This epidemic is ravaging fami- got a standing ovation for that. tive. lies, communities, and economies It is nice to give standing ovations to Sincerely, across the globe, nowhere more so than the Prime Minister of Great Britain DR. JOSEPH F. O’NEILL, Director, Office of National AIDS Policy. in Africa. The United States has a re- when he says we should meet our re- The PRESIDING OFFICER. The Sen- sponsibility to fulfill the promise we sponsibilities to meet the AIDS crisis. ator from West Virginia. made. It is nice to vote for a sense-of-the-Sen- Mr. BYRD. Mr. President, there is The amendment offered by the Sen- ate resolution that says we should ample precedent for across-the-board ator from West Virginia would uphold fully fund it. It is nice to even vote for cuts in the Defense bill. In fact, the our commitment, our promise, to fight the authorizing bill authorizing we language is taken out of section 8135 of the AIDS epidemic and our promise to fully fund it. the fiscal year 2002 Defense Appropria- adequately fund the initiative. This But there is another thing that tions Act. Even with these cuts, the amendment offered by Senator BYRD Prime Minister Blair said that I procurement, research, and develop- provides the full $3 billion for 2004, the thought was worth noting. I am para- ment accounts remain $2 billion above full $3 billion that the President was phrasing because I don’t have the the President’s request and $6.7 billion taking credit for and touting in his re- speech; I am just remembering it. He above fiscal year 2003. So the procure- cent trip to Africa. This would be offset said something about our reputation, ment, research, and development ac- by taking the $1.1 billion from the about making sure we stood strong for counts are robustly funded. amounts appropriated for the Defense what we believed in and that we stand This amendment provides the funds Department procurement and research up to what we have committed to. If we called for in the 78-to-18 vote last week account. The amendment by Senator do not, then what is the rest of the on the State Department authorization BYRD would add to the $1.9 billion the world going to think? They will think, which called for $3 billion. amount of $1.1 billion to bring it to the OK, that is what the United States I understand Senator HARKIN wishes $3 billion level promised by President says but the only thing the United to speak. I yield the floor. Bush on his recent trip to Africa. States ever backs up is military action. The PRESIDING OFFICER. The Sen- Let me be clear: This money is not I hope it does not boil down to that, ator from Iowa. coming out of the salaries of our troops that the only thing we ever back up in Mr. HARKIN. Mr. President, I rise in or the support for our troops. It is not terms of commitments is a military strong support of the amendment of- coming out of our work in Afghanistan. commitment. We ought to look upon fered by Senator BYRD. This amend- This money comes from two titles of the other commitments in the same ment fulfills a promise we made to the the Defense appropriations bill that in- light. Once we make the commitment entire world to fund the global AIDS clude $1.25 billion more than the Presi- and we make the promise, we fulfill it initiative. When I say ‘‘we,’’ I mean all dent’s budget request. and we keep it. This is one that com- of us—the Congress and the President We are spending in this bill about $1 pels us to give an overwhelming vote to of the United States. President Bush billion a day for the Armed Forces, for the amendment offered by Senator made this promise to fund the global defense. There is no excuse to deny the BYRD. This is the amendment that does AIDS initiative at $15 billion, $3 billion AIDS initiative that we promised, the it. per year for 5 years, in his State of the President promised, the President I know there will be arguments say- Union Address last January. I was touted so earnestly on his trip through ing we cannot take it out of defense. As there. I remember when he said it. Africa. There is no excuse to deny the I pointed out, it comes out of an ac- I remember after the President made $1.1 billion more a year to bring it to count that is $1.25 billion more than that commitment, everyone—Repub- the $3 billion level. what the President even requested. licans and Democrats, House Members Again, sometimes I am sure people Now is the time to stand up and be and Senators—all stood and gave him a wonder about what we are doing. The counted. Now is the time to back up prolonged standing applause for that average American probably does not our reputation for being a caring na- commitment. The President even understand the difference between an tion and for being a nation that stands signed a bill authorizing this money. authorization and appropriation. What behind its word. We gave our word. The We passed a bill saying, yes, we author- is the difference? That is where the President, 2 weeks ago, gave his word ize it. confusion is. in Africa for $3 billion and yet we have

VerDate Jan 31 2003 02:31 Jul 18, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JY6.018 S17PT1 July 17, 2003 CONGRESSIONAL RECORD — SENATE S9551 only come up with $1.9 billion. Now is That would be an appropriate approach used for investments will be used for health the time to come up with the full $3 to a problem we can just as well deal care, orphan care, and funerals. Savings billion. with 3 years from now as today. But rates will decline, and the loss of human cap- Mr. STEVENS. Will the Senator this issue is not that type of problem. ital will affect production and the quality of life for years to come. yield? This is an urgent problem. Accord- Mr. HARKIN. I yield. ingly, I think it is entirely appropriate More than 30 percent of teachers are Mr. STEVENS. Does the Senator that we try to fund this AIDS initia- HIV positive in parts of Malawi and have a quote that the President would tive the way it was designed in the au- Uganda, 20 percent in Zambia, and 12 spend $3 billion? thorizing legislation, the way the percent in South Africa. AIDS is kill- Mr. HARKIN. I don’t have the quote President signed off on it in the au- ing people at middle and upper levels of but I will get it for you in a short thorizing legislation, and the way I management in both business and gov- amount of time. The President, if I re- thought all of us had agreed to proceed ernment; the trained personnel to re- member right, said in Africa that we with it. place them are not available. have—again, I am paraphrasing; I don’t The statistics are devastating. We Without a workforce, there is no pro- know if I have the right word—but we have gone through those to great ductivity. Without productivity, a have pledged $3 billion this year to lengths here, the number of teachers country’s economy quickly deterio- fight AIDS in Africa. He said that in who are being lost because of HIV/ rates and the government collapses Africa. AIDS, the number of people who are into chaos. All too often, terrorism and Mr. STEVENS. I would like to see going untreated with HIV/AIDS in Afri- fanaticism springs forth from this that. I would be happy to see that ca because of lack of resources. The chaos and begin to spread outwards quote. global AIDS fund is desperately in need from its birthplace, inflicting damage I don’t want to interrupt the Sen- of additional resources. We have com- and destruction on other countries. ator. mitted $200 million rather than the full HIV/AIDS, TB, and malaria are Mr. HARKIN. I will get my staff to $1 billion that was anticipated we threats not just to the developing run it down. would commit this year. countries whose citizens have been rav- I yield the floor. We can, obviously, fall back on a 5- aged by these diseases, but they are The PRESIDING OFFICER. The Sen- year plan and say: Look, we never did also threats to regional and inter- ator from New Mexico. intend to give you $3 billion the first national stability. AIDS, TB, and ma- Mr. BINGAMAN. Mr. President I will couple of years. We are sorry if you laria claim the lives of 15,000 Africans speak for a very few minutes on this misunderstood us. But the truth is each and every day. Every month that same issue and indicate my strong sup- most Members of Congress and I think goes by in Africa, close to half a mil- port for the amendment Senator BYRD most Members of the Senate—I cer- lion people die from these diseases. has offered. tainly can speak for myself. When I AIDS has serious implications for As my colleague, Senator HARKIN, in- voted for the authorizing legislation, I issues of security in Africa, since HIV dicated, I strongly support this amend- assumed we were going to appropriate infection rates in many armies is ex- ment. I believe this is the obvious fol- the funds we were authorizing in that tremely high. Domestic political sta- low-on to the vote we had last week bill on that schedule in order to get to bility is threatened when security where 78 Members of the Senate agreed the $15 billion. That was my assump- forces become unable to perform their when appropriations bills did come to tion. duties due to AIDS. Peacekeeping ef- the Senate we would vote to fully ap- I can understand the reluctance to forts on the part of more stable African propriate the funds that were author- take any funds out of the defense budg- nations are at risk as well as rates of ized in the United States Leadership ets. I have supported defense budgets infection among the peacekeeping Against HIV/AIDS, Tuberculosis and virtually every year since I have been troops grow. While he was in Nigeria Malaria Act of 2003. That was legisla- in the Senate. I intend to support the last week, President Bush said: tion we passed earlier this year that I budget again this year. But this is a We will not allow terrorists to threaten Af- strongly supported. It did provide $15 very small amount. This is funding rican peoples or to use Africa as a base to billion worth of funds. It authorized $15 which can readily be replaced in a sup- threaten the world. billion worth of funding for this pur- plemental. There will be a defense sup- If we underfund the efforts to fight pose. It was a follow-on to the Presi- plemental down the road. We have all HIV/AIDS and its associated disease, dent’s State of the Union speech. talked about that. Most of the discus- we will be allowing just that. In the State of the Union speech, the sion in the last 2 days is how we have The HIV/AIDS, TB, and malaria pan- President committed this country to the defense supplemental coming. We demic in Africa is an international this initiative. I strongly supported it. have already passed one this year. We emergency. While visiting Botswana Then, as a follow-on to that State of will have another one next year. This last week, President Bush declared: the Union speech, we passed the au- is a very appropriate place for us to This is the deadliest enemy Africa has ever thorizing legislation which, as I under- identify some funds we can use for this faced, and you will not face this enemy stood it, said we will appropriate $3 bil- urgent need. alone. lion a year for 5 years in order to fight In its January 2000 report, The Global Congress conveyed the same message this terrible epidemic of infectious dis- Infectious Disease Threat and Its Im- last week in passing an amendment ease we see around the world. plications for the United States, the that asserted its belief that nothing From my perspective, the question is CIA noted that over the next 20 years short of full funding for HIV/AIDS, TB, whether we consider this to be an ur- HIV/AIDS and associated diseases in and malaria should be appropriated. gent problem. If we do consider it to be sub-Saharan Africa would: The Byrd amendment allows us to do an urgent problem, then I think the . . . kill up to a quarter of their popu- just that, and to do so without cutting funding that was laid out in that au- lations . . . (and) this will further impov- vital services to other international thorization bill is the right funding. I erish the poor . . . and produce a huge and health programs. The funding to do was surprised to hear the quotations impoverished orphan cohort unable to cope this would result from a .079 percent from the letter Dr. O’Neill has sent on and vulnerable to exploitation and cut for all programs and activities radicalization. behalf of the administration indicating within Title III and Title IV. These two the administration does not want $3 The estimate predicted increased po- Titles are receiving $3 billion more in billion this first year, 2004. It does not litical instability and slower demo- funding than President Bush requested want $3 billion the second year, 2005. cratic development as a result of AIDS. in his budget for fiscal year 2004. The According to the World Bank: And only in the later years is the ad- Byrd amendment allows full funding ministration going to be requesting $3 The illness and impending death of up to 25 for international HIV/AIDS, TB, and percent of all adults in some countries will billion or more in order to make up the have an enormous impact on national pro- malaria programs. It allows the prom- full $15 billion. ductivity and earnings. Labor productivity is ise made to be a promise kept. I urge That would be an appropriate ap- likely to drop, the benefits of education will my colleagues to support this amend- proach to a problem that is not urgent. be lost, and resources that would have been ment.

VerDate Jan 31 2003 02:31 Jul 18, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JY6.092 S17PT1 S9552 CONGRESSIONAL RECORD — SENATE July 17, 2003 HIV/AIDS, TB, and malaria are The tragic impact of the AIDS epi- The United States Leadership threats not just to the developing demic is undeniable. One in every three Against AIDS, TB and Malaria Act also countries whose citizens have been rav- adults in Africa is living with HIV/ called for up to $1 billion for the Global aged by these diseases, but they are AIDS. Across the world, each year, Fund to fight AIDS and TB and Ma- also threats to regional and inter- 800,000 infants contract HIV before or laria. Again, a promise. For fiscal year national stability. AIDS, TB, and ma- during birth. Ninety percent of these 2004, the President has only budgeted laria claim the lives of 15,000 Africans HIV-infected babies are in sub-Saharan $200 million for the Global Fund, which each and every day. Every month that Africa. is one-fifth of the amount authorized. goes by in Africa, close to half a mil- The global AIDS bill has the power to It is also a cut of $150 million from lion people die from these diseases. save lives through a combination of what was appropriated last year. I hope very much we can support the prevention and treatment. But in order There is another problem. While the amendment of Senator BYRD. I hope it to be effective, we must provide the President’s fiscal year 2004 budget for will get the same 78 votes we got for necessary resources. Foreign Operations includes approxi- the sense-of-the-Congress resolution In a speech last week during his trip mately $1.3 billion to combat HIV/ last week when we talked about wheth- to Botswana the President pledged that AIDS, it robs Peter to pay Paul to pay er we were going to appropriate money the U.S. would be a partner in the bat- for increases in HIV/AIDS programs, as on the same schedule and at the same tle against a disease that has already the President’s budget would cut other level we had authorized money in the killed more than 17 million in sub-Sa- essential international health pro- earlier legislation this year. haran Africa, and talked of his pro- grams from 5 to 63 percent. I commend the Senator from West posal to spend $15 billion over 5 years Child survival and maternal health Virginia for his amendment. I will cer- to help the hardest-hit African and programs are cut by 12 percent. These tainly support it and I urge my col- Caribbean nations battle AIDS. That are the programs that provide life- leagues to do so as well. means Congress should be spending $3 saving child immunizations. They also I yield the floor. billion a year. Now the President’s own help to reduce the 600,000 pregnancy-re- Mr. LAUTENBERG. Mr. President, I person—the Director of the Office of lated deaths each year that could be rise to speak in support of Senator National AIDS Policy—is asking for $1 avoided. Instead, the President’s budg- BYRD’s amendment which I have co- billion less. The message this sends to et cuts these programs by 12 percent. sponsored. the world is discouraging. It would cut programs to combat The Senate worked hard and passed A failure to provide full funding is a other infectious diseases like measles. the Global AIDS Initiative back in setback that will cost lives. I urge the Measles kills 1 million children—not May. At the President’s request, this Senate to support Senator BYRD’s 100,000 or 200,000—but 1 million children bipartisan authorization bill calls for amendment. a year. Again, this is something which $15 billion to help fight the spread of Mr. LEAHY. Mr. President, I support is easily preventable. Every one of us HIV and AIDS in Africa. The bill au- this amendment of my friend, the dis- can just go to the doctor’s office and thorized $3 billion for this fight this tinguished senior Senator from West get our children and grandchildren im- year. This money is desperately need- Virginia. munized against measles. In many poor ed. A couple of months ago, at the U.S. nations, parents and grandparents do Approximately 29 million people, in- Coast Guard Academy, the President not have that luxury. They need our cluding 10 million people between the spent a good deal of time talking about help. ages of 15 to 24 and 3 million children the global AIDS crisis, the worst public The President’s budget cuts funding under the age of 15, are currently living health threat in human history. I com- for programs which combat measles, with HIV/AIDS worldwide. The future mend him for that, and for going to Af- polio, SARS, ebola and other deadly spread of this epidemic depends in rica, which highlighted the devastation diseases by 32 percent. large measure on whether the world caused by AIDS there. These are not my numbers, these are will accurately teach young people how President Bush has shown real lead- the administration’s numbers. These to protect against contracting HIV and ership on AIDS, although it is impor- numbers are in the President’s budget. AIDS. tant to mention that a bipartisan These cuts will hurt children the Yesterday, I learned something very group in Congress has been pushing for most in countries where vaccines cost- disturbing. The White House sent a let- stronger action on AIDS for years. ing a few pennies make the difference ter to Congress asking to limit funding A short time after the President’s between life and death. That is not ac- to $2 billion. That is $1 billion short. Coast Guard Academy speech, we ceptable. I don’t understand why President passed the United States Leadership If somebody said to us, look at those Bush, who has talked about his com- Against AIDS, TB and Malaria Act, five children, you can save their lives mitment to help fight AIDS in Africa which authorized $15 billion over 5 by spending a dollar, would we do it? Of over and over again, would ask for less years to combat AIDS, tuberculosis course, we would do it. money. and malaria. That was consistent with These are not Democratic or Repub- We must back up our promises with what the President proposed in his lican programs. I have been joined time real action, not phony rhetoric. State of the Union address back in Jan- and again by colleagues on the other Successful, proven programs for pre- uary. It was an important step. It side of the aisle who support these vention, care, and treatment do exist showed that we are beginning to take health programs in both the Senate but they are still small in scale, with the AIDS pandemic seriously. and the House. many programs starved for resources. But that was an authorization bill. It Anyone who knows anything about At least $9.2 billion is needed to mount did not appropriate any money. For all public health knows that building the a response to the AIDS crisis according intents and purposes, it was like writ- health infrastructure in developing to UNAIDS. ing the check with out enough money countries is essential if you are going Current global spending to address in the bank. to effectively combat AIDS. It is the the crisis is far below this, at about $1 Let me explain. The President’s same thing with child nutrition. It is to $2 billion. budget request contains only $1.9 bil- the same thing with maternal health. A fair contribution by the U.S. Gov- lion of the $3 billion we authorized for You don’t fight AIDS in a vacuum. It ernment to the global HIV/AIDS re- AIDS for fiscal year 2004. $1.9 billion is isn’t an either/or proposition. People sponse would be between $2.75 and $3 a good step, but we should do more. It who are malnourished, who are in poor billion given our share of the global remains to be seen whether the prom- health, who have weak immune sys- economy, close to 30 percent. The ise of that authorization bill—a prom- tems, who are at risk of other infec- United States is spending just over $500 ise with which I agree—will be ful- tions, are far more vulnerable to AIDS. million on global HIV/AIDS this year; filled. It is common sense. and now President Bush is asking Con- The amendment of the Senator from Mr. President, we hear a lot of gress to appropriate $1 billion less than West Virginia is the first real test of speeches here. We may feel good about it authorized for next year. that. giving those speeches, but I do not feel

VerDate Jan 31 2003 02:31 Jul 18, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JY6.024 S17PT1 July 17, 2003 CONGRESSIONAL RECORD — SENATE S9553 good about lofty rhetoric that bears But this will not be the last word. As Mr. REID. Mr. President, I would little resemblance to reality, especially soon as we can—on the Labor appro- rather the money for this amendment when it deals with a catastrophe like priations bill or on the foreign oper- would come from someplace else. I hate AIDS. The President’s budget falls ations appropriations bill—I will work to see it coming from the Defense bill. short. The allocation for Foreign Oper- with my colleagues to provide new But as the Senator from New Mexico ations falls short. We have to do some- money for this vital fight. New re- indicated, this is a very large bill. thing. sources that will fund the promise we My problem is, however, we have peo- Senator BYRD’s amendment builds on made earlier this year with the global ple in this administration going around an amendment offered by Senator AIDS authorization. New resources giving speeches about things that have BINGAMAN to the State Department Au- that will not come out of a bill that been authorized and not appropriated. thorization a couple of weeks ago. That must fund our Armed Forces and other We had the problem with the Leave amendment, which passed 78–18, called emerging threats. New resources that No Child Behind. The State of Nevada for full funding—$3 billion, for the first will help us get a leg up on this deadly is in desperate shape in education for a year of the President’s $15 billion AIDS pandemic. number of reasons, not least of which initiative, even if it means exceeding We must not—we will not—stand is the obligations the State of Nevada the budget ceilings. This amendment down in this battle. has because of the unfunded mandate does not exceed the ceilings. The PRESIDING OFFICER. The Sen- given as a result of the Leave No Child This amendment would provide full ator from Alaska. Behind. The State of Nevada still, as funding of the United States Leader- Mr. STEVENS. Mr. President, the we speak, doesn’t have a budget. They ship Against AIDS, TB and Malaria subject of how much money it takes to should have had one months ago. Act. It is what we said we would do. comply with the authorization and re- We had the same situation on home- Senator BYRD’s amendment would do quests on AIDS is not a matter for the land security. We finally passed the 11 it. Defense bill. This is an attempt to take appropriations bills. As the distin- His amendment would provide the ad- defense money and shift it over to the guished ranking member of the Appro- ditional $750 million we authorized for Health and Human Services bill and priations Committee would acknowl- the Global Fund to Fight AIDS, TB and the State bill in anticipation that edge, he and a number of us tried in Malaria. And it would provide $350 mil- those bills will not meet the satisfac- many different ways to have money lion for CDC and NIH programs to com- tion of those who want to see this added to take away from the burden of bat AIDS. That is what we said we money put out on $3 billion a year State and local governments for home- would do when we passed the AIDS au- rather than $15 billion over 5 years. land security. We couldn’t get that thorization bill, and again when we I understand the motivation for that: money. We got some money but not passed the Bingaman amendment. to put up more money. But that money enough money. If we are going to lead, and especially is divided between the Labor, Health Then when the President signed if we are going to ask others to do and Human Services subcommittee on those 11 bills, you will remember, even more, we are going to have to stop the one hand and the State-Justice- Republicans got upset because he said: playing shell games with the foreign Commerce bill on the other hand. Or I like the bill for everything except aid budget. We are going to have to perhaps some of it might go into the there is not enough money for home- start keeping our promises. Leadership is good policy. Leadership foreign operations bills. I don’t know. land security. We did everything possible to get means resources. Leadership is not a But it is not defense. press release. What this is doing is suggesting we more money for homeland security and Let’s stop the rhetoric. Let’s do what take defense money that is needed to we simply were not supported by the needs to be done to stop the 15,000 new replace the helicopters we have lost, to administration. Even Republicans said HIV infections that occur each day. repair damage to the equipment we that was going too far. Then the United States can show the have had damaged in Afghanistan and Education, homeland security, and promise and the moral leadership a Iraq, and it also goes to eliminate now we have the President and mem- great Nation should show. other items that are needed in terms of bers of his administration going around Mr. DASCHLE. Mr. President, Sen- modernization. talking about global AIDS and what a ator BYRD has once again laid before I oppose this amendment for that terrible thing it is. And it is. I was in the Senate a critical challenge. The reason alone right now. I am not pre- Africa with the Senator from New Mex- numbers he has cited are staggering, pared to get into the argument about ico and the distinguished Democratic confirming what we all know too well: the total amount we have for AIDS, in leader last August. On the continent of that the world has never known a pan- terms of whether or not there is a com- Africa, over 6,000 people are dying demic greater than the AIDS pan- mitment for $3 billion a year or $15 bil- every day from AIDS. Over 6,000 people demic. lion over 5 years. The point is, as the every day, 7 days a week, and no holi- At the end of last year, there were manager of this bill, my task is to as- days. nearly 43 million people living with sure we get the money we need for de- Last week I offered an amendment on HIV. Since January 1, there have been fense. the State Department authorization at least 15,000 new HIV infections daily, It is an enormous amount, I say to bill to get money for Mexico, a free en- meaning that we can expect another 45 those who say it is $1 billion, that is terprise system, microlending to help million infections by 2010. These num- true—$1 billion a day. We are spending that country pick themselves up and bers do not begin to tell the story of approximately $1 billion a day for de- help so people are not streaming across the suffering—that story I have seen in fense globally and that is a whale of a our borders because they are poverty the faces of suffering mothers and fa- lot of money. I am often reminded of stricken. thers, daughters and sons throughout Senator Dirksen saying a billion here I got an e-mail saying, Why are you Africa and Central Asia. and a billion there and it becomes real giving money to those Mexicans? We We simply must do more to stop this money. There is no question about it, need money at home. Why give money crisis. this is real money. to those Mexicans? It was the right Given the enormity of this challenge, But this is not the bill on which thing to do, not simply because it I regret that I cannot vote for Senator money is allocated for AIDS under helped the Mexican people but because BYRD’S amendment. The amendment global AIDS. On that basis alone I ask it helped us. That amendment helped would pay for this vital increase with a the Senate to support my motion to us. It helped the United States. It rescission in other defense programs. table the amendment of the Senator. helped everyone in the United States. Just as I have objected to the Presi- Does the Senator from Nevada wish to For every person who doesn’t try to dent’s cuts in other vital global health speak before I make that motion? come across the border illegally, and programs to fund the limited AIDS Mr. REID. I would, very briefly. doesn’t get across, it saves this coun- funding increase in his budget, I must Mr. STEVENS. Yes. try money. vote against this important amend- The PRESIDING OFFICER. The Sen- Mr. President, this AIDS money also ment. ator from Nevada. helps us as a country. We are better off

VerDate Jan 31 2003 02:31 Jul 18, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JY6.109 S17PT1 S9554 CONGRESSIONAL RECORD — SENATE July 17, 2003 if we don’t have 6,000 people dying on This is an opportunity to show the noted, ‘‘[T]he mismatch between need and that continent. world that we mean what we say. This funding continues to be one of the biggest As I said, I wish there was some other is an opportunity to show the world obstacles in the struggle to control the epi- way to get this money. But we have to that the President means what he says. demic.’’ Your amendment would ensure the make sure the people of America un- Here we are quibbling over eight- US shows full leadership in the global effort. Sincerely, derstand the difference between au- tenths of 1 percent. We are fiddling DR. PAUL ZEITZ, thorizing and appropriating. It is easy over that little measly amount of Executive Director. to make speeches saying we authorize money when we could adopt the THE EPISCOPAL CHURCH, this. But if you do not appropriate the amendment. People of the world would Washington D.C., July 17, 2003. money, it winds up being nothing. understand what we are saying. They DEAR SENATE: We are writing on behalf of Today we reported out of the Energy would believe the President is backing the Episcopal Church to urge your support Subcommittee the energy and water up his commitment. Why do we quibble for a Byrd amendment that would increase bill. We did the best we could in that over a few tenths of 1 percent here? funding to help fight the global AIDS pan- bill. But we have thousands of projects I have made the case. demic. Senator BYRD is expected to offer this that have been authorized and which I ask unanimous consent that certain amendment during Senator floor consider- letters I have received be printed in the ation of the Defense Appropriations bill. The are desperately needed in our various amendment would increase AIDS funding by States around the country. We don’t RECORD. These are letters of support $1.1 billion, with $750 million of that amount have enough money to pay for them. for the amendment. They come from to be earmarked for a U.S. contribution to We have done a disservice, in many in- the Global AIDS Alliance, the Epis- the Global Fund and the remaining $350 mil- stances, by authorizing money and copal Church Office of Government Re- lion to be allocated by the Department of then not appropriating it. The Senator lations located in Washington, DC, Health and Human Services for overseas from West Virginia is not dumping Physicians for Human Rights, the Gen- AIDS spending. This additional $1.1 billion in money into Africa which would not eral Board of Church and Society of the spending would increase total 2004 global United Methodist Church, and the Cen- AIDS spending to $3 billion a year, an help this country. That money to fight amount equal to a first year installment in global AIDS is going to directly help ter for Health and Gender Equity. President Bush’s five-year, $15 billion Emer- the United States of America. I ask unanimous consent that these gency Global AIDS Initiative. The PRESIDING OFFICER. The Sen- letters be printed in the RECORD. The global AIDS crisis is a priority for the ator from West Virginia. There being no objection, the mate- Episcopal Church. Our partners in the Angli- Mr. BYRD. Mr. President, let me re- rial was ordered to be printed in the can Communion, serving Christians and iterate a few things that have already RECORD, as follows: their communities in 165 countries world- been said. This is not an across-the- GLOBAL AIDS ALLIANCE, wide, face the daily hardships caused by this board cut on an entire bill. The lan- Washington, DC, July 16, 2003. terrible disease. In parts of Africa, where over half of the Anglican Communion re- guage here is taken out of section 8135 Senator ROBERT BYRD, United States Senate, sides, the AIDS pandemic has created more of the fiscal year 2002 Defense Appro- than a health crisis: it has decimated the priations Act. In other words, there is Washington, DC. DEAR SENATOR BYRD: We would like to ex- workforce, led to a collapse in education sys- ample precedent for the way we are press our deepest appreciation for the tems, deepened poverty, undermined the pro- providing the money. Even with these amendment you plan to offer to the Defense duction of agriculture, and created millions cuts, the procurement and research and Appropriations Bill, which would increase of orphans and vulnerable children. However, development accounts remain $2 billion funding for the fight against the AIDS pan- AIDS can be beaten. The experience of a suc- above the President’s request and $6.7 demic. The attached letter from diverse na- cessful AIDS program in Uganda makes this billion above fiscal year 2003. These are tional and international groups shows clear clear. Uganda implemented a national AIDS program, and in just ten years, reduced that real budget funds. Here we have a $368 support for the level of increase your amend- ment would provide. country’s AIDS rate from 15 percent to 5 per- billion Defense bill. We shouldn’t hesi- Your amendment reflects a realistic ap- cent. tate to reduce it by $1.1 billion to pay praisal of the true scale of the epidemic and Today, we have an effective new mecha- for a program as important as global of the real and serious threat to US national nism that can build on success stories like AIDS. I know the administration says security it poses. The US National Intel- Uganda’s. The Global Fund to Fight TB, it doesn’t want that much money this ligence Council has warned AIDS is poised to AIDS, and Malaria allows for a coordinated year. The administration prefers doing destabilize areas of high US strategic inter- global response to the AIDS pandemic. Glob- the ramped-up approach. est. On July 3, the US Centers for Disease al Fund grants are putting half a million people with AIDS on life-saving drugs—a six People understand simple math. Fif- Control warned that China, India and other parts of Asia were threatened by what it fold increase in the number of people in Afri- teen billion dollars over 5 years is $3 termed an ‘‘AIDS catastrophe.’’ Humani- ca receiving these drugs. The Fund focuses billion a year. I think we should pro- tarian considerations alone are enough to on providing support for successful programs vide the full $3 billion. People under- justify full US support for the fight against on the ground and leveraging our allies to do stand that is certainly going to be $15 AIDS, but these strategic considerations their fair share to fight AIDS. Just this billion over a 5-year period if we do it show that it is only appropriate your amend- week, an international conference was con- $3 billion a year. It is easy to under- ment be approved during consideration of vened to review to date the progress made by stand that. But by doing the ramped-up the Defense Appropriations Bill. the Global Fund and to address funding issues. The European Union is now com- approach, it appears that the President The fight against this global threat would be significantly bolstered by your amend- mitted to raising $1 billion for the Global is not fulfilling his commitment. I ment. The $1.1 billion increase would allow Fund. U.S. leadership is clearly serving as a want to help him fulfill that commit- the US to make good on its $3 billion com- catalyst in leveraging the financial support ment. mitment to the global effort against AIDS of other major donor countries. A significant I remember, as well as the distin- and other health threats in FY 2004. Pro- U.S. contribution would further challenge guished Senator from Alaska does, viding $750 million of the increase to the other donors to do more to support The when we were trying to provide moneys Global Fund to Fight AIDS, TB and Malaria Fund. for homeland security. We tried to pro- makes particularly good sense from a public The Byrd amendment would allow the Sen- vide moneys for our firemen, our po- health perspective. The Fund can efficiently ate to fulfill the humanitarian promise made utilize these resources, and it can provide to fight HIV/AIDS. The Byrd amendment licemen, and our health personnel. We them not only to Africa but also to such se- would be offset by a small reduction in pro- were told by the then-Director of riously impacted regions as Asia and Eastern posed spending by an amount less than Homeland Security, former Governor Europe. We also support providing a portion eight-tenths of one percent. Even then, the Tom Ridge, in a letter that they didn’t of the increase to AIDS programs run by the Senate would still provide more for procure- need that much. It seems that the ad- Department of Health and Human Services. ment than was requested in the President’s ministration doesn’t need the money if Already, twenty five million people have budget. some effort is being made on this side died from AIDS. Around the world, more We urge your support for the Byrd amend- of the aisle to provide the money that than 42 million people are infected with the ment to the Defense Appropriations bill. virus and few of these have access to life-sav- Now is the time for Congress and the Presi- the administration needs. They know ing medicine. If we don’t act now, there will dent to make good on the promise to fully they don’t need that then and they be 25 million AIDS orphans facing a bleak fu- fund the Global AIDS Initiative and a U.S. come back later and ask for it them- ture by the end of the decade. Yet, as the Di- contribution to the Global Fund. Your sup- selves. They say they need it then. rector of UNAIDS, Peter Piot, recently port can make a significant contribution in

VerDate Jan 31 2003 04:16 Jul 18, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JY6.096 S17PT1 July 17, 2003 CONGRESSIONAL RECORD — SENATE S9555 the effort to launch this much-needed world AIDS, Malaria and TB. The United Meth- Mr. BYRD. Mr. President, I yield the health campaign. odist Church strongly advocates for full floor. I thank the distinguished Sen- Sincerely, funding of the AIDS Initiative proposed by ator from Alaska for his patience and MAUREEN T. SHEA, President Bush in his State of the Union for waiting until we could finish our Director of Govern- speech as well as the U.S. Leadership ment Relations. Against AIDS, TB and Malaria Act of 2003. It statements before he moves to table. JERE MYRICK SKIPPER, is our hope to see $3 billion for FY2004 appro- The PRESIDING OFFICER. The Sen- International Policy priated which would include one billion dol- ator from Hawaii. Analyst. lars for the Global Fund. Mr. INOUYE. Mr. President, I stand PHYSICIANS FOR HUMAN RIGHTS, We know know that AIDS can be beaten. with much reluctance to speak against Boston, MA, July 17, 2003. The experience of Uganda makes this clear. the amendment proposed by the good Hon. ROBERT C. BYRD, The HIV rate in Uganda was reduced from Senator. But I would like to commend United States Senate, 15% in 1990 to approximately 5% according to him first for bringing this matter to Washington, DC UNAIDS. Today, we also have effective DEAR SENATOR BYRD: We thank you for mechanisms to build on the success in Ugan- our attention. your efforts to ensure that the full $3 billion da because of the creation of the Global I think it should be noted that as of authorized for fiscal year 2004 by the U.S. Fund to Fight AIDS, Malaria and Tuber- this moment this Nation has spent Leadership Against HIV/AIDS, Tuberculosis culosis. over $15 billion primarily in research. and Malaria Act of 2003 is appropriated. The Global Fund, chaired by Health and If this was a case where we had a vac- These diseases kill 6 million people per year, Human Services Secretary Tommy Thomp- cine or we had some drug or some med- or more than 16,000 per day, making it cru- son, is scaling up successful programs on the icine that could cure global AIDS and cial that the full level of authorized funding ground and leveraging our allies to do their to combat them is authorized. Physicians for fair share in the fight against AIDS. Grants that we were not purchasing it in a suf- Human Rights therefore strongly supports by the Global Fund are putting half a mil- ficient quantity, that would be another your amendment to appropriate an addi- lion people with AIDS on life-saving drugs— issue. Then one could say this is an tional $1.1 billion for HIV/AIDS funding, in- a six fold increase in the number of people in emergency and we need more drugs or cluding $750 million for the Global Fund to Africa receiving these drugs. we need more vaccines. But we are still Fight AIDS, Tuberculosis and Malaria. As we listen to our United Methodist in the process of developing this vac- We are especially pleased that your amend- brothers and sisters particularly in Africa, it cine. ment includes strong support for the Global becomes quite clear that this bill is one of Experience has shown us that by Fund. The Fund is facing a shortfall of up to the most critical pieces of legislation consid- $600–800 million for this year, and needs an ered by Congress. The full funding of this is merely appropriating money does not additional $3 billion through 2004. The Fund necessary if we are to make any significant find solutions with these problems. One is already proving its efficiency at quickly impact in the pandemic. I thank you for must train technicians. One must take distributing funds based on an innovative, your leadership on this issue and wish you time to do research. Men and women country-driven process that ensures the par- the very best as you proceed forward with who are experts in this area and who ticipation of civil society and that proposals this important task. have a schedule are much more knowl- adhere to best scientific practices. These fea- Peace and grace, edgeable to tell us at this stage wheth- tures, along with the Fund’s multiple ac- LINDA BALES, Program Director, er we should be spending so much. Fi- countability mechanisms, make the Fund an Louise and Hugh Moore Population Project. nally, when we hopefully reach that excellent mechanism to deliver funds to re- CENTER FOR HEALTH AND source-poor countries, and it deserves the GENDER EQUITY, moment when we can tell the world we full support of the United States. Takoma Park, MD, July 17, 2003. have found the vaccine and we have The proposals coming into the Global Fund Hon. ROBERT BYRD, found the drugs that can do it, then we demonstrate that countries have plans to U.S. Senate, Hart Senate Office Building, can spend huge amounts. spend resources, what they lack are the re- Washington, DC. We have spent over $15 billion. It is sources. When President Bush was in Africa DEAR SENATOR BYRD: I am writing to ex- not an easy problem. To say that it is last week, he saw both the awesome need for press my strong support, on behalf of the complex would be an understatement. funding and the equally tremendous energy Center for Health and Gender Equity and commitment of the African people to (CHANGE), for your effort to increase U.S. If this amount suggested by my overcome the diseases that plague their con- spending for global AIDS programs by offer- friend and mentor would cure the prob- tinent. The President and the Congress must ing an amendment to the Defense Appropria- lem, I think all of us here would be trust that given the resources, this energy tions bill. supporting it. But I think all of us real- and commitment will be translated into re- CHANGE, a U.S.-based international wom- ize we are still at the development sults. This is already happening throughout en’s health and rights organization, worked stage. Africa—where the resources are available. hard to develop and pass an effective global If you study the process followed by African health professionals, who are AIDS policy to respond specifically to the other development programs, you will among those in the best position to know needs of women and girls in preventing HIV what their countries need and what they can infection. While we are disappointed with note that we always start small and spend, are urging the United States to appro- some of the harmful provisions—particularly then grow up to a point where we can priate $3 billion this year. So are American in regard to HIV prevention efforts—we feel do the huge spending. But we still must health professionals who have extensive ex- the bill itself is a positive advancement and develop the vaccine. We still must de- perience in fighting HIV/AIDS in Africa. We support fully funding this initiative. It is velop the medicine. And just spending are including a letter that includes their critically important for the U.S. government money is not going to do that. strong support for $3 billion in fiscal year to appropriate a full $3 billion to combat Much as I want to support my dear 2004 appropriations to fight HIV/AIDS. In a global AIDS and make good on our promise friends, I find that I will be supporting short time, it was signed by 35 African to do so. Cutting unnecessary defense spend- health professionals from 13 countries and 67 ing is an appropriate way to reach the au- my chairman in the motion to table. American health professionals, along with 13 thorized funding amount and support the es- The PRESIDING OFFICER. The Sen- health professionals from other countries. sential Global AIDS Fund, since the Presi- ator from Alaska. Again, we thank you for offering your dent has failed to request an adequate Mr. STEVENS. Mr. President, I had a amendment, and urge your colleagues to sup- amount in his own budget and has discour- conversation with the Senator from port your amendment. aged Congressional appropriators from pro- Iowa concerning the President’s state- Sincerely, viding sufficient funds in the foreign oper- ment. I am informed by a call we made LEONARD S. RUBENSTEIN, ations budget. to the President’s Director of AIDS Executive Director, We applaud your leadership in this effort Physicians for Human Rights. and are working to ensure passage of your Policy that in a background briefing GENERAL BOARD OF CHURCH AND SO- amendment on the Senate floor. with the press it was plainly spelled CIETY OF THE UNITED METHODIST Sincerely, out that the President’s request for CHURCH, JODI L. JACOBSON, 2004 was $2 billion but that there was Washington DC, July 17, 2003. Executive Director. an absolute commitment for $15 billion Senator ROBERT BYRD, Mr. BYRD. Mr. President, I also ask over 5 years. U.S. Senate, unanimous consent that the names of I will say this. There is no question Washington, DC. DEAR SENATOR BYRD: I am writing to ex- Senators BINGAMAN and CANTWELL be that the amount of money in this ac- tend our support to your proposed amend- included as cosponsors. count is higher. This is one of the ment to the Defense Appropriations bill that The PRESIDING OFFICER. Without things I have been trying to say all will increase the level of funding for HIV/ objection, it is so ordered. day, that in this bill are substantial

VerDate Jan 31 2003 04:16 Jul 18, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JY6.045 S17PT1 S9556 CONGRESSIONAL RECORD — SENATE July 17, 2003 amounts of money that relate to Iraq. Mr. STEVENS. I understand that. Secondly, the Secretary of State, on That increase is for the procurement of I suggest the absence of a quorum. a briefing in South Africa, was asked a aircraft, ammunition, and specialized The PRESIDING OFFICER. The question: equipment that was destroyed in Iraq. clerk will call the roll. The House Appropriations Committee It is not being spent in Iraq, but it is The assistant legislative clerk pro- today cut back the first year’s funding from being spent to replenish particularly ceeded to call the roll. about $3 billion to about $2 billion. the special operations command, spe- Mr. HARKIN. Mr. President, I ask And Secretary Powell answered: cial operations forces. They consumed unanimous consent that the order for I would, of course, have preferred full fund- a considerable amount of their equip- the quorum call be rescinded. ing of the President’s request to make the ment and supplies. That extra money The PRESIDING OFFICER. Without best use of the money that Congress has pro- will be in this account. It will be re- objection, it is so ordered. vided for this. And I’ll wait and see the con- duced $1.1 billion if this amendment is The Senator from Iowa. gressional action and see how this ulti- agreed to. Mr. STEVENS. Will the Senator mately emerges from the Congress. It would be my hope Senators would yield for a moment? So here we have the President saying look at this as an amendment to take Mr. President, I ask unanimous con- he wanted it fully funded. He says: money from the Defense bill to meet sent that when the Senator finishes his The House and Senate must fully fund this the AIDS obligation. We will be back remarks, I be recognized to make a initiative. on this AIDS obligation next week, unanimous consent request. That can only mean that we must hopefully, when we get to the Health The PRESIDING OFFICER. Is there come up with the $3 billion. So while and Human Services bill. objection? the President didn’t specifically say $3 We had authorized $370 billion in the Without objection, the Senator from billion, that is the full import of his Defense authorization bill. We have Alaska will be recognized following the words that he spoke in Africa. found here $3.69 billion, despite the fact conclusion of the remarks of the Sen- I yield the floor. we already took out of this account ator from Iowa. The PRESIDING OFFICER. The Sen- $3.1 billion and allocated it to non- The Senator from Iowa. ator from Alaska. Mr. HARKIN. I thank the Presiding defense accounts. Mr. STEVENS. Mr. President, I Officer, and I thank the chairman. I do believe we have performed lit- asked for and have obtained a copy of Mr. President, I just want to clarify erally miracles—well, my squadron’s the transcript that was made at the something to make the record as clear motto in World War II was, ‘‘We do the background briefing provided for the as I can. Earlier in my remarks, I had impossible immediately. Miracles take President’s speech in Africa. This was said the President, traveling in Africa, slightly longer.’’ So I cannot say this made by Dr. Joseph O’Neill, the Presi- had stated that he wanted the full $3 was a miracle, but it sure was doing dent’s director for AIDS policy. He was billion for the AIDS funding in Africa the impossible to try to find the money asked this question by the press: to try to meet the objectives of the De- for this year. The chairman of the com- mittee had asked me about that, and I Can you clarify something about the fense authorization bill, notwith- money issue? You’ve talked about full fund- standing the fact that we have taken had said that I would come up with the ing, but no one has yet defined what full $3.1 billion out of it. documentation. Well, it is sort of half funding is. Is it the $2 billion that the Presi- Mr. President, there is no question of this and half of that. I will admit dent originally requested for next year? Or is that there is no one on the floor of this now that the President did not specifi- it the $3 billion that was in the authorization Senate who is more committed to the cally say: ‘‘$3 billion.’’ I wanted to bill? Or is it something else? war on AIDS than this Senator. I do admit that for the record. Dr. O’Neill answered: not know how many people understand However, the President did say—and Full funding and what we are going after is it. I believe I do understand it in the I will quote his words exactly—on July $15 billion over five years. Our request for way that it replicates cells, destroys 12, in Abuja, Nigeria: this year, 2004, as you know, is $1.9 billion if cells. It really is a total global plague The people of Africa are fighting HIV/AIDS you exclude the tuberculosis and malaria now. with courage. And I’m here to say, you will money. I am proud our President has made not be alone in your fight. In May, I signed And I want to make a very clear point on this commitment of $15 billion. Instead a bill that authorizes $15 billion for the glob- this, because it’s something where there has of standing here and challenging the al fight on AIDS. This week, a committee of been continuing confusion. We have re- the House of Representatives took an impor- quested and will request $15 billion over five commitment on the basis we have not years. Now, in order to be effective with provided $3 billion in the first year, we tant step to fund the first year of the author- ization bill. And the Senate is beginning to those dollars, we would be foolish to think should applaud the President for mak- take up debate. we would spend the same amount every year. ing the commitment for $15 billion. I In order to do—particularly to do the treat- And here is the key language: applaud him again today for that. ment that is the cornerstone of this initia- I also hope the Senate will under- The House of Representatives and the tive—and I can say this because I’m a prac- stand we have reviewed every request United States Senate must fully fund this ticing physician myself, I still [see] HIV/ for equipment that has been made in initiative, for the good of the people on this AIDS patients, this is a very tough thing to continent of Africa. . . . addition to those items that were au- do—in order to do that, we need to build a thorized. We have allocated the money Well, to ‘‘fully fund this initiative.’’ I lot of infrastructure, we need to do a lot of have a copy of the authorizing lan- training, particularly of health care workers. as best we can. The Senator from Ha- So for the first year, it’s going to take less waii and I have had no disagreements guage. The authorizing language says, specifically, under paragraph A(2): money to get the job done than it will in the at all on that. outyears. I, once again, am very proud of the Authorize the appropriation of a total $15 So we’ve always been clear [on that], we’ve support of my friend. And I do make a billion for fiscal years 2004 through 2008. always tried to be clear that we’ve always motion to table the amendment of the Specifically, the act authorized $3 intended to ramp up these dollars over five Senator from West Virginia, and I ask billion to be appropriated in fiscal year years for a total of $15 billion over five unanimous consent that vote on that 2004 for HIV/AIDS and related pro- [years]. motion take place at a time to be de- grams. So, specifically, the authorizing That is the statement on which we termined by the majority leader after bill authorized $3 billion in this coming relied. Again, I come back to the fact consultation with the minority leader. fiscal year. The President said: that we are talking, in this instance, The PRESIDING OFFICER. Is there The House and the Senate must fully fund about the problem of the other bills objection? this initiative. that do handle HIV/AIDS and not this Mr. REID. Reserving the right to ob- He may not have said $3 billion, but bill. ject, Senator BYRD has specifically re- what he said must mean $3 billion be- I understand the Senator from West quested, many times—and I have re- cause that is full funding of the bill for Virginia would like to make a state- layed this, I think—at least I tried to— next year. It is right, he didn’t use $3 ment. I ask unanimous consent that he that he wants a vote when he com- billion, but he said he wanted it fully be permitted to make the statement pletes the debate. So we should have a funded. If it is fully funded, it must be before I renew the motion to table his vote now. $3 billion for this next year. amendment.

VerDate Jan 31 2003 04:16 Jul 18, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JY6.100 S17PT1 July 17, 2003 CONGRESSIONAL RECORD — SENATE S9557 The PRESIDING OFFICER. Without I yield the floor. The result was announced—yeas 71, objection, it is so ordered. The PRESIDING OFFICER. The Sen- nays 24, as follows: Mr. BYRD. Mr. President, the facts ator from Alaska. [Rollcall Vote No. 288 Leg.] are staggering. More than 5 million Mr. STEVENS. Mr. President, I YEAS—71 people are infected with HIV/AIDS each renew my motion to table the Sen- Akaka DeWine Lott year. That is 15,000 people infected each ator’s amendment and ask for the yeas Alexander Dole Lugar day, 625 people infected every hour, and nays. Allard Domenici McCain more than 10 people every minute— The PRESIDING OFFICER. Is there a Allen Dorgan McConnell people of virtually all ages, people in Baucus Durbin Murkowski sufficient second? Bayh Edwards every corner of the world. Last year, Nelson (FL) There appears to be. Bennett Ensign Nelson (NE) more than 3 million people died from The yeas and nays were ordered. Biden Enzi Nickles Bond Fitzgerald AIDS. The longer we wait to find a UNANIMOUS CONSENT AGREEMENT—EXECUTIVE Reed Breaux Frist cure, the longer we wait to fulfill the Roberts CALENDAR Brownback Graham (SC) Rockefeller pledge to the global HIV/AIDS trust Mr. STEVENS. Mr. President, I ask Bunning Grassley Santorum fund, the longer we wait, the greater unanimous consent that immediately Burns Gregg Campbell Hagel Sessions the tragedy. at the conclusion of the next vote, the Shelby The Byrd amendment would allow Carper Hatch Senate proceed to executive session for Chambliss Hollings Smith the Senate to fulfill the humanitarian consideration of Calendar No. 291, Cochran Inhofe Snowe Specter promise made to fight HIV/AIDS. This Allyson Duncan, to be a U.S. Circuit Coleman Inouye amendment would help to alleviate Collins Johnson Stevens Judge for the Fourth Circuit; provided Sununu some of the misery endured by millions Conrad Kohl that there then be 10 minutes for de- Cornyn Kyl Talent of AIDS-inflicted families around the bate equally divided between Senators Craig Landrieu Thomas globe for roughly what we spend in a Crapo Levin Voinovich DOLE and EDWARDS and, at the conclu- Daschle Lincoln Warner single day to fund the Department of sion of that time, the Senate proceed Defense. to a vote on the confirmation of the NAYS—24 This amendment would make good on nomination without further inter- Bingaman Dodd Mikulski the Government’s pledge to the world vening action or debate; provided, fur- Boxer Feingold Murray and the effort to combat the global Byrd Feinstein Pryor ther, that immediately following that HIV/AIDS epidemic. The President Cantwell Harkin Reid vote, the Senate proceed to a vote on Chafee Jeffords Sarbanes promised $15 billion in the next 5 years. the confirmation of Calendar No. 294, Clinton Kennedy Schumer Congress has authorized $3 billion for Corzine Lautenberg Stabenow the next fiscal year. But the authoriza- Louise Flanagan, to be U.S. District Dayton Leahy Wyden Judge for the Eastern District of North tion without appropriation is a will-o’- NOT VOTING—5 the-wisp. The President’s budget only Carolina; provided that following those votes, the President be immediately Graham (FL) Kerry Miller provides $1.9 billion. This amendment Hutchison Lieberman would increase funding for the global notified of the Senate’s action and the Senate resume legislative session; pro- The motion to table was agreed to. AIDS/HIV initiative by $1.1 billion to $3 Mr. STEVENS. I move to reconsider billion. The amendment would be offset vided, further, that the time for voting on each of the confirmations of these the vote. by a $1.1 billion across-the-board cut in Mr. LEAHY. I move to lay that mo- the amounts appropriated for the De- judges be limited to 10 minutes. The PRESIDING OFFICER. Is there tion on the table. fense Department procurement as well The motion to lay on the table was as for research, development, test, and objection? Mr. REID. Mr. President, will the agreed to. evaluation. We are spending more than Mr. STEVENS. Prior to that time $1 billion a day for defense in this bill. Senator from Alaska modify his re- quest to allow Senator SCHUMER to be commencing on the nominations, I ask Surely we can afford to spend $1 billion unanimous consent, other than the more in a year to combat AIDS and recognized after the votes are com- pleted to speak for up to 10 minutes? managers’ package which is being HIV. cleared on both sides, that the only I reiterate that a few days ago—last He has an amendment that has been other amendments to the Defense ap- week it was, I believe—President Bush worked out and he wants to speak, and propriations bill to be in order will be: visited five African countries. He again that will finalize that. Senator BYRD’s amendment, with Sen- pledged that the United States would Mr. STEVENS. Yes. I so modify my ator BYRD speaking for 20 minutes and play a leading role in combating AIDS. unanimous consent request. The President repeatedly promised to The PRESIDING OFFICER. Is there 10 minutes for me; Senator BIDEN’s do all in his power to make sure that objection? amendment, 10 minutes for Senator Congress fully financed his proposed 5- Without objection, it is so ordered. BIDEN and 5 minutes for me; and I ask year, $15 billion program to attack the The PRESIDING OFFICER. The further that following disposition of disease in the world’s poorest coun- question is on agreeing to the motion those amendments the bill be read for tries. This is the President’s chance. to table amendment No. 1283. the third time and the Senate proceed Why wait? He may not be around here The yeas and nays are ordered and to vote on final passage of the bill for 5 years. Who knows, right? The the clerk will call the roll. without further intervening action or President may not be in power for 5 The assistant legislative clerk called debate. years. He may not be around here 5 the roll. Mr. DASCHLE. Reserving the right years. Why not help him to fulfill his Mr. MCCONNELL. I announce that to object. commitment today? Three billion dol- the Senator from Texas (Mrs. Mr. BIDEN. Reserving the right to lars in 1 year—$3 billion—to attack HUTCHISON) is necessarily absent. object. this disease. Mr. REID. I announce that the Sen- Mr. DASCHLE. I ask that the order On July 10, 2003, the Senate voted in ator from Florida (Mr. GRAHAM), the be reversed; Senator BIDEN be recog- a sense-of-the-Senate resolution 78 to Senator from Massachusetts (Mr. nized first and then Senator BYRD sec- 18 to provide full appropriations for the KERRY), the Senator from Connecticut ond. $15 billion AIDS initiative touted by (Mr. LIEBERMAN), and the Senator from Mr. BIDEN. Mr. President, in the in- our President, including $3 billion in Georgia (Mr. MILLER) are necessary ab- terest of my colleagues, there will be fiscal year 2004. Now is the time, Sen- sent. an opportunity next week, and I will ators, to step up to the plate and honor I further announce that, if present not propose my amendment. your commitment. Now is the time to and voting, the Senator from Massa- The PRESIDING OFFICER. Is there help the President to honor his com- chusetts (Mr. KERRY) would vote an objection to the unanimous consent mitment. ‘‘Yea’’. request? I urge all of my colleagues to support The PRESIDING OFFICER. Are there Mr. STEVENS. That means other this amendment and to vote no on the any other Senators in the Chamber de- than the managers’ package, the only motion to table. siring to vote? amendment in order to this bill would

VerDate Jan 31 2003 04:16 Jul 18, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JY6.102 S17PT1 S9558 CONGRESSIONAL RECORD — SENATE July 17, 2003 be Senator BYRD on a 30-minute time- The PRESIDING OFFICER. The Sen- I was very proud to support Judge frame, 20 minutes for Senator BYRD ator from North Carolina. Duncan’s nomination and it was my and 10 minutes for myself; that will fol- Mrs. DOLE. Mr. President, I am pleasure to introduce her during her low the 10 minutes of debate on the cir- pleased tonight we are confirming two confirmation hearing. She will restore cuit court judge and the vote on that of President Bush’s judicial nominees the voice of North Carolina to this very confirmation. from my home State of North Carolina, important Federal Court and breaks a I, again, renew my request for unani- Allyson Duncan to the Fourth Circuit logjam that has damaged our state for mous consent that following the dis- Court of Appeals and Louise Flanagan too many years. position of those amendments and the to the Eastern District of North Caro- This historic development shows circuit judge this bill be read for the lina. Our free society is based on rea- what can be done when the President third time and the Senate vote on final soned, dispassionate judgment of the truly respects the advice and consent passage of the Defense appropriations men and women of our judicial branch role of the Senate. In this case, Presi- bill with no further intervening action of our Government who share a sense dent Bush did more than just pay lip or debate. of honor and duty to our country and service to this important responsi- The PRESIDING OFFICER. Without to our Constitution. Every indication bility. He reached out to Senator DOLE objection, it is so ordered. is that these two talented and experi- and me before he made his decision—he f enced individuals will provide just consulted with us—he sought our ad- that. vice. In making his decision, the Presi- UNANIMOUS CONSENT AGREE- Judges interpret and apply the laws dent selected a nominee who represents MENT—EXECUTIVE CALENDAR that govern our Nation, including our the mainstream of our state. Mr. STEVENS. I ask unanimous con- fundamental rights and liberties pro- I commend the President for con- sent that the scheduled rollcall vote tected in the Constitution. However, on sulting with us and for making an ex- previously ordered on the confirmation the Fourth Circuit Court of Appeals, cellent nomination. If he takes this ap- of Calendar No. 294 be vitiated and we there is a North Carolina vacancy that proach to future judicial nominations now have a vote on the confirmation of is the longest on the entire Federal we have a real opportunity to find com- the other nomination. bench. It dates back nearly a decade to mon ground in the search for excel- The PRESIDING OFFICER. Is there July 31, 1994. In fact, North Carolina lence on the Federal bench. When we objection? has had no representation on the work together, we find outstanding Mr. LEAHY. Reserving the right to Fourth Circuit Court in nearly 4 years, nominees like Allyson Duncan who rep- object, the distinguished senior Sen- though we are the largest State in the resents the best of North Carolina. ator from Alaska is referring to the circuit. Two seats have stood empty on As impressive as her resume is, even district court judge; is that correct? North Carolina’s Eastern District more telling is her steller repudiation Mr. STEVENS. The district court Court for 21⁄2 and 51⁄2 years, respec- throughout the North Carolina legal judge, yes. There will be a vote sched- tively. community. I have heard from folks all uled on the confirmation of the circuit I am pleased the Senate has stepped over the State who can’t say enough court judge, Allyson Duncan. I ask that up and fulfilled its duties for these to about Allyson Duncan. What people we vitiate the rollcall on the district nominees, taking steps to fill these va- keep telling me is that this is a woman judge and have a rollcall vote on the cancies to address the disparity for of extraordinary intellect and skill, circuit judge. There will be 10 minutes North Carolina. who loves the law, strives for justice equally divided on the circuit judge. This vote is historic in more ways and never allows politics to interfere Mr. LEAHY. Reserving the right to than one. Allyson Duncan is the first with her commitment to fairness and object, the district judge is strongly woman from North Carolina to serve equality. supported by both the Senators, Demo- on the Fourth Circuit Court of Appeals. When the Senate confirms Allyson crat and Republican Senators, of the She is also the first African-American Duncan—which I hope will happen nominee’s State. After appropriate woman to serve on the Fourth Circuit soon—her confirmation will mark a consultation, we have no objection to a Court. Ms. Duncan’s re´sume´ is most number of ‘‘firsts.’’ voice vote. impressive, marked with numerous po- She will be the first North Carolinian The PRESIDING OFFICER. Without sitions of significant responsibility in to join the 4th Circuit in over 20 years; objection, it is so ordered. both the public and private sectors. she will be the first African American f Currently, an attorney with the Ra- woman to serve on that distinguished leigh law firm of Kilpatrick Stockton, court. And most important, I hope she EXECUTIVE SESSION Ms. Duncan is the president of the will be the first in a series of bipar- North Carolina Bar Association, and an tisan, consensus judicial nominations active member of the North Carolina NOMINATION OF ALLYSON K. DUN- from our State. Association of Women Attorneys. Prior I yield the floor. CAN, OF NORTH CAROLINA, TO to that, she was a judge on the North Mr. HATCH. Mr. President, I rise BE UNITED STATES CIRCUIT Carolina Court of Appeals, and a pro- today to express my strong support for JUDGE FOR THE FOURTH CIR- fessor of law at North Carolina Central the confirmation of Allyson K. Duncan, CUIT University. who has been nominated to the U.S. The PRESIDING OFFICER. Under The PRESIDING OFFICER. The Sen- Court of Appeals for the Fourth Cir- the previous order, the Senate will pro- ator from North Carolina is recognized. cuit. ceed to executive session to consider Mr. EDWARDS. Mr. President, I rise Ms. Duncan is truly an impressive the following nomination, which the to enthusiastically express my support woman and has the enthusiastic sup- clerk will report. for the nomination of Allyson Duncan port of both North Carolina senators, The assistant legislative clerk read for the Fourth Circuit Court of Appeals along with a unanimous ‘‘Well Quali- the nomination of Allyson K. Duncan, and Louise Wood Flanagan for the U.S. fied’’ ABA rating. of North Carolina, to be United States District Court for the Eastern District She graduated first in her class at Circuit Judge for the Fourth Circuit. of North Carolina. Hampton University, a historically The PRESIDING OFFICER. Under This is a historic day for my home black college. She then attended Duke the previous order, there will be 10 state of North Carolina. Once con- University Law School and was ap- minutes equally divided between Sen- firmed, Allyson Duncan will be the pointed an Earl Warren Legal Scholar, ator DOLE and Senator EDWARDS. first North Carolinian to join the a scholarship awarded to black law stu- Mr. LEAHY. Mr. President, I ask for Fourth Circuit Court of Appeals in 23 dents demonstrating leadership and an the yeas and nays on this nominee. years. North Carolina is the only State interest in the public interest. The PRESIDING OFFICER. Is there a in the Union with no judges on a Fed- Upon graduation, our nominee sufficient second? eral appellate court. And we have the clerked for the Honorable Julia Cooper There is a sufficient second. longest-standing vacancy in the Fed- Mack on the District of Columbia The yeas and nays were ordered. eral appeals court system. Court of Appeals, before beginning her

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