Richard Lugar

Mr. LUGAR

Mr. LUGAR. Mr. President, I rise today to offer a resolution honoring the life of Bronislaw Geremek and expressing the condolences of the Senate on his death. I am pleased that Senator Biden has agreed to cosponsor this important resolution. Minister Geremek was a freedom fighter and a former Foreign Minister of Poland. He began his fight for freedom at age seven when he escaped the Warsaw Ghetto and successfully hid from the Nazis through the end of World War II. Minister Geremek went on to become a professor of history and received honorary degrees from such prestigious institutions as the Sorbonne and Columbia University. In the 1970s, he joined the Gdansk workers' protest movement in Soviet-controlled Poland. With unwavering conviction, he became a leader of the independent trade union ``Solidarity'' and helped usher in a new era that led to the fall of the Soviet Union. His efforts gave hope to many across Eastern Europe and around the world struggling against tyranny and oppression. While he guided his nation towards democracy in Eastern Europe, the political, social, and economic ramifications of his efforts were felt across the world. On July 13, 2008, this statesman who helped vanquish communism in Europe unexpectedly passed away. His life's work gave millions of people the freedom to choose their government, their economy, and their livelihood. For his sacrifices to Poland, Europe, and the world, he deserves the honor and respect of the United States Senate and our Nation. I ask for the support of my colleagues in passing this important resolution celebrating the life of Bronislaw Geremek.

Mr. LUGAR

Mr. LUGAR. Madam President, on the minority side, I wish to recognize the Senator from Oklahoma, Mr. Coburn. I thank the distinguished Senator from Ohio for his very generous comments. I yield 10 minutes to the distinguished Senator from Oklahoma.

Mr. LUGAR. Madam President, while I agree with the oversight goals the Senator has suggested, the underlying bill we are debating has a very strong inspector general infrastructure, and it operates at much less cost than the cost that would be assumed by the Senator's amendment. PEPFAR has set a high standard for results-based, accountable development programs both within our own Government and in the international community. PEPFAR has been among the most evaluated of new programs in the U.S. Government, with five GAO reports already completed and a sixth on the way. I believe we now have a strong system of oversight already in the bill that recognizes the participation of many agencies in our antidisease programs, and this system has extensive experience and continuity of oversight over these programs. I believe we should retain this system. Therefore, I hope Members will oppose the amendment.

Mr. LUGAR. Mr. President, I ask Senators to oppose this amendment. Because of the anticipated funding curve over the next 5 years, this amendment likely would have the effect of cutting funds available in the final year by several billion dollars. We should retain the flexibility to spend less than $10 billion now, while spending more than $10 billion in future years, if needed, when our programs are reaching more individuals with treatment and prevention services. We want the program to expand at a rational pace based on thoughtful goals and on the developing capacity to absorb investments. Our agencies have demonstrated they know how to achieve this. We should retain the flexibility that will give them the best opportunity to succeed. I ask Senators to oppose the amendment.

Mr. LUGAR. I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 5077

Mr. LUGAR. Mr. President, the President and Members of the House of Representatives have carefully examined the PEPFAR situation and strongly recommended the $50 billion authorization. In the event we were to pass this amendment, it would be a severe blow to United States leadership and prestige on this issue, because it would profoundly affect the calculations of individuals, groups, and governments that we are trying to engage in this fight against HIV/AIDS. These commitments, many of them, are contingent upon our action today. I believe the $50 billion figure will maximize the humanitarian and foreign policy benefits of the PEPFAR program. We have an opportunity to save lives on a massive scale and preserve the fabric of numerous fragile societies. I ask my colleagues to continue to work together for this result. I oppose the amendment.

Mr. LUGAR. I move to lay that motion on the table. The motion to lay on the table was agreed to. Change of Vote

Mr. LUGAR. Madam President, the distinguished Senator from Arizona has sought time, and I wish to give him that time, but I simply wish to thank Senator Kerry for his leadership throughout the past decade, starting with the task force which he mentioned and his work all the time and his work all the time with Senator Biden, with me on the Foreign Relations Committee. Likewise, I thank Senator Coburn for his gracious remarks and his leadership and his ability to work with all of us in a bipartisan way to fashion this bill. I believe that is the spirit that has characterized success in this endeavor. I am grateful for that. I wish to express a special appreciation to Shellie Bressler, Paul Foldi, Dan Diller, and Ken Myers of the Senate Foreign Relations Staff on the Republican side, who have been so instrumental in working on this bill. Of course, I thank profoundly my colleague, Senator Joe Biden, our chairman, and his remarkable staff. It has been a joy, once again, to work with them on something that is so important. I recognize the presence of the Senator from Arizona. I believe we still have 5 minutes on this side; is that right?

Mr. LUGAR. I yield that to Senator Kyl.

Mr. LUGAR. Madam President, we are prepared to yield back the remainder of the time on our side.

Mr. LUGAR. If the Senator will yield, I just thank the Senator for his wonderful comments about so many very dear friends, both of ours and of the Senate. I thanked a few people earlier on, but I really thank the Senator for his comprehensive views. I think it was well worth both the time, as well as the thoughtfulness of his remarks. They will be remembered by our staffs and by our friends. I will not make further comments because I know other Senators are wanting to transact business, and we appreciate their patience.

Mr. LUGAR

Mr. LUGAR. Mr. President, I rise to oppose the Cornyn amendment creating a sunset commission related to this bill. This amendment would require that PEPFAR programs be abolished within 2 years after the new commission reviews them, regardless of whether the review recommends abolition, unless Congress takes steps to reauthorize the programs. The Senate Foreign Relations Committee and other committees in the House, the Senate, and Congress as a whole have spent the last year reviewing U.S. HIV/AIDS, tuberculosis, and malaria programs in preparation for the debate on this bill. During this process, numerous changes have been made to achieve greater transparency and oversight, along with programmatic changes to ensure that PEPFAR is moving in the right direction. The bill before us today has benefited from extensive field examinations of the program, GAO review, and a study by the Institute of Medicine of the National Academies. Moreover, the underlying bill mandates regular scrutiny by the inspectors general, the GAO, and the IOM. This reauthorization is based on the widespread view in Congress and in the executive branch that these programs are working and that they have humanitarian and foreign policy values. I do not believe we should be turning over responsibility for part of the legislative process to an unelected commission. Constitutionally, this is a job for Congress, working in association with the executive branch of Government. Congress does not lack the power to end or to change programs. Indeed, the Appropriations Committee must review the program every year during the annual budget process. If some aspect of this program is not meeting expectations, Congress has the ability to withhold funds at that point. I understand that sunset laws in some cases can have value, and the distinguished Senator from Texas has pointed that out from experience in the State of Texas. For example, they have been used to eliminate unnecessary reports or other provisions of law that have been forgotten or fallen into disuse. But this does not apply to this bill which is continuing a core foreign policy program. There is no lack of scrutiny toward PEPFAR. It is an extremely high-profile endeavor the President has asked us to reauthorize for 5 years. I would, therefore, ask Members to oppose the amendment. I yield the floor.

Mr. LUGAR. Mr. President, I would like to ask a question of the chairman. It is my understanding we could continue on after the vote with Senator Vitter presenting his amendment.

Mr. LUGAR. In other words, there will not be a recess in which everyone leaves the floor?

Mr. LUGAR. I just wanted to establish that point. The continuity of the debate will continue.

Mr. LUGAR. No. Amendment No. 5085

Mr. LUGAR

Mr. LUGAR. That is essentially true. Each has responsibility for those programs that are a part of their jurisdiction and their funding.

Mr. LUGAR. Of course.

Mr. LUGAR. Mr. President, I rise to oppose the amendment offered by the distinguished Senator from New Hampshire, Mr. Gregg. I would say, to begin with, I clearly agree with the oversight goals he seeks to achieve. But the underlying bill we are considering today creates a strong inspector general infrastructure for PEPFAR, and it constructs it at less cost than the proposal made by the distinguished Senator from New Hampshire. To begin with, PEPFAR has set a high standard for results-based, accountable development programs both within our own Government and in the international community. PEPFAR has been among the most evaluated of new programs in the U.S. It has been the subject of five GAO reports already completed, with a sixth on the way, examining operations and expenditures. The inspectors general of the Department of State and USAID have so far conducted evaluations of 10 of the 15 focus countries of PEPFAR. These inspections have occurred in South Africa, Guyana, Nigeria, Tanzania, Haiti, Uganda, Rwanda, Zambia, Ethiopia, and Kenya. The Institute of Medicine conducted a congressionally required multiyear evaluation entitled ``PEPFAR Implementation: Progress and Promise.'' Another review is required by this bill we consider presently. The inspector general of Health and Human Services is currently conducting an extensive financial audit on all PEPFAR funding received by HHS from the State Department for the fiscal years 2004 through 2008. The Peace Corps, beginning in September, will be conducting an internal management assessment on PEPFAR implementation in Ethiopia. Clearly, officials are paying close attention to how PEPFAR money is being spent. This is particularly important given that various agencies all apportion funds through the office of the Global AIDS coordinator. It is their money, and they know they must account for it. That is why our bill calls on the Global AIDS coordinator to expend some $15 million to fund these IG efforts to ensure that they have adequate resources. Based on a recommendation from the State Department inspector general, the U.S. Global AIDS coordinator has formally requested that the inspectors general of PEPFAR agencies submit a joint memorandum describing options, feasibility, and estimated costs of conducting a collective independent financial audit of U.S. Governmentwide PEPFAR funds. The State Department's inspector general has confirmed that he is acting on this request and will be inviting all PEPFAR IGs to come together to develop plans by the end of July. In addition to the additional funding of inspector general operations, the managers' bill requires the submission of an annual coordinated audit plan by the Department of State, USAID, and the Department of Health and Human Services in relation to PEPFAR, in collaboration with all PEPFAR implementing agencies and the GAO. In this context, a stand-alone inspector general for PEPFAR, suggested by the distinguished Senator from New Hampshire in his amendment, may not be the best way to evaluate the program. I believe we now have a strong system of oversight already in the bill that recognizes the participation of many agencies in our antidisease programs. I believe we should retain that system. I would point out that I share the distinguished Senator's views with regard to economies, but I am suggesting that the inspector general results that he anticipates can be achieved for less money. This is why I have outlined, tediously and laboriously, specifically all of the audits that have already been conducted, plus the ones now being coordinated by the Department of State. I take seriously, as I think all Senators do, the thought that these moneys must be carefully spent in whatever country they may reside. I would simply say this is why I have enumerated the 10 countries in which extensive examination has already occurred, with the five to go to be completed shortly. Finally, clearly the Congress does have to make choices with regard to expenditures. We all take that responsibility seriously. I come, as do many Senators today, as an advocate for the PEPFAR Program, for all of the reasons we have expressed in outlining the introduction of the bill. In very quick review, they come down to the saving of hundreds of thousands of lives, the alleviation of extraordinary suffering on this Earth, and from the standpoint of our foreign policy, one of the strongest ways in which the United States has made an impact on a number of countries in which our public diplomacy or diplomacy of any sort has not been very successful in the past. We make an impact because people in those countries know that we care. We do care for the people, but we also care for the relationships and for the roles these countries play in the formulation of world peace and in preservation of a world in which we all do better. Therefore, the PEPFAR Program does have merit and, I believe, extensive popularity not only in our country but in so many other areas of the world in which we have served. That does not obviate for a moment the need to carefully detail precisely the results that I believe we have tried to take account of, and I believe have done so with economy in the underlying bill.

Mr. LUGAR. And my response, at least, would be that very clearly each of the agencies does take it seriously. But I have outlined how all are to be brought together by our Federal Government in a coordinated way. It appears to me the inspector general function occurs in this manner with the same results and for less money than the Senator's amendment would suggest, and that is that an independent effort going outside of all of this is not productive in terms of savings, either on the face of it or in terms of fraud and abuse that might be found. But that, obviously, is the nature of our debate, and I respect the Senator's opinion.

Mr. LUGAR. Madam President, in the concluding time before the scheduled vote, I want to give a statement in opposition to the Bunning amendment and also to the DeMint amendment, No. 5077, that was introduced earlier today. Both seek to reduce the authorization in the pending bill. The amendment posed by the distinguished Senator DeMint poses a fundamental question with regard to this legislation, which likewise is reiterated by Senator Bunning: How much should we authorize for the continuing fight against HIV/AIDS, malaria, and tuberculosis? It is a question for honest debate and on which Members may have different views. The figure of $50 billion in the bill we are debating today rose out of bipartisan negotiations between Congress and the White House. It is based on what the President and we believe can be spent efficiently and effectively in the years ahead. It presumes that funding will gradually increase each year over the coming 5-year period. Of the $50 billion authorized, $5 billion has been reserved for malaria, and $4 billion has been reserved for tuberculosis. The global impact of malaria and tuberculosis has been underestimated for years. And the bill before us takes an important step to invigorate these worldwide efforts. As other Senators have observed, this is an authorization bill that will be subject to the annual appropriations process. It is meant to establish policy and overall parameters of spending on the PEPFAR Program. Congress may not deem it necessary or possible to spend the entire $50 billion over the course of 5 years, but if the funds authorized by this bill are being spent efficiently and effectively and productively for the lifesaving and life-altering purposes in the bill, I believe we should have the authorization in place to spend that much. There is no question that the crisis created by these diseases is real, that our programs are preserving or improving millions of lives, and it is difficult to put the dislocation and human devastation caused by AIDS, malaria, and tuberculosis in context because the impact extends well beyond the lives lost. The HIV/AIDS pandemic, coupled with the effects of tuberculosis and malaria, are rending the socioeconomic fabric of communities, nations, and entire continents. The U.S. National Intelligence Council and innumerable top officials, including President Bush, have stated that the HIV/AIDS pandemic is a threat to our national security and to international security. Communities are being hobbled by the disability and loss of consumers and workers at the peak of their productive, reproductive and caregiving years. In the most heavily affected areas, communities are losing a whole generation of parents, teachers, laborers, peacekeepers, and police. The projections of the United Nations indicate that by 2020, HIV/AIDS will have depressed the GDP by more than 20 percent in the hardest hit countries, and many children will have lost parents to HIV/AIDS or left entirely on their own, leading to an epidemic of orphan-headed households. When they drop out of school to fend for themselves, they lose the potential for economic empowerment that education can provide. Such dislocation has obvious implications for our efforts to suppress and prevent terrorism. It has implications for our ability to expand economic opportunity and trade with emerging nations. It has implications for our efforts to solidify partners to combat climate change and environmental degradation. Countries and regions that are prostrate due to the massive incidence of deadly diseases cannot effectively address the problems we need them to address. When circumstances reach such dire proportions, the countries in question can become the source of extreme instability. Therefore, we should understand our investments in disease prevention programs have yielded enormous foreign policy benefits during the past 5 years, and we look forward to extraordinary progress during the coming 5 years. This is why I support the $50 billion authorization, appreciating that there will need to be constant auditing, constant debate with the White House and the Congress on priorities, a tailoring during the appropriations process in each year. I yield the floor.

Mr. LUGAR. Mr. President, I move to reconsider the vote and I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. LUGAR

Mr. LUGAR. Mr. President, I am pleased to join Chairman Biden in introducing the Enhanced Partnership with Pakistan Act of 2008, important legislation to deepen our engagement with Pakistan over the long term. The Foreign Relations Committee has held an important series of hearings on Pakistan which have allowed Members to review the gamut of challenges there, including the dynamic political and security situation, United States policy options and the resources required to pursue them. We have few more important foreign policy priorities than encouraging stability in Pakistan and throughout the region, and providing sustainable cooperation to fight the terrorists who threaten both our countries. We worked closely with the State Department's Deputy Secretary Negroponte, as well as officials at USAID, to craft this legislation. This bipartisan effort reflects the important realization that our relations with Pakistan must be broad-based and enduring. As Mr. Negroponte told the committee earlier this year, following the elections that ended military rule, we have ``a strategic opportunity to help the nation consolidate its democratic gains by encouraging development and economic reform.'' This legislation marks a good first step toward seizing that opportunity. Its success will be contingent upon effective progress in good governance by the leaders throughout the Pakistan government, and upon their commitment to combating terrorism within their borders. The U.S. National Intelligence Estimate revealed in June of last year that al-Qaeda had reestablished its pre-2001 capacity in the tribal areas of Pakistan. This reconstituted capacity across the border from Afghanistan, together with the extreme Taliban leadership based in Pakistan, represents a threat to Pakistan, to the region, and to the United States. The legislation recognizes that strengthening democracy and countering terrorism go hand in hand. American Defense, intelligence and State Department officials have all said that economic development and improved governance are at least as critical as military action in containing the terrorist threat. While our bill envisions sustained cooperation with Pakistan for the long haul, it is not a blank check. It calls for tangible progress in a number of areas, including an independent judiciary, greater accountability by the central government, respect for human rights, and civilian control of the levers of power, including the military and the intelligence agencies. It recognizes that Pakistan will need security assistance to fight the terrorists, but it subjects this assistance to a certification that the government is using the money for its intended purpose, namely, to go after the Taliban and al-Qaeda, and that civilian control is maintained. It calls for a comprehensive, cross- border approach to the very difficult situation along the adjoining Afghan and Pakistani tribal areas, combining the economic and security aspects. This bill represents a lot of hard work by many parties, but we recognize the job is not yet done. Passing it into law will require further efforts, first of all by us on the Senate Foreign Relations Committee. Then we must take it to the floor of the Senate, where I look forward to working with our chairman on advancing the bill.

Mr. LUGAR

Mr. LUGAR. Mr. President, I am pleased to join Chairman Biden in introducing the Enhanced Partnership with Pakistan Act of 2008, important legislation to deepen our engagement with Pakistan over the long term. The Foreign Relations Committee has held an important series of hearings on Pakistan which have allowed Members to review the gamut of challenges there, including the dynamic political and security situation, United States policy options and the resources required to pursue them. We have few more important foreign policy priorities than encouraging stability in Pakistan and throughout the region, and providing sustainable cooperation to fight the terrorists who threaten both our countries. We worked closely with the State Department's Deputy Secretary Negroponte, as well as officials at USAID, to craft this legislation. This bipartisan effort reflects the important realization that our relations with Pakistan must be broad-based and enduring. As Mr. Negroponte told the committee earlier this year, following the elections that ended military rule, we have ``a strategic opportunity to help the nation consolidate its democratic gains by encouraging development and economic reform.'' This legislation marks a good first step toward seizing that opportunity. Its success will be contingent upon effective progress in good governance by the leaders throughout the Pakistan government, and upon their commitment to combating terrorism within their borders. The U.S. National Intelligence Estimate revealed in June of last year that al-Qaeda had reestablished its pre-2001 capacity in the tribal areas of Pakistan. This reconstituted capacity across the border from Afghanistan, together with the extreme Taliban leadership based in Pakistan, represents a threat to Pakistan, to the region, and to the United States. The legislation recognizes that strengthening democracy and countering terrorism go hand in hand. American Defense, intelligence and State Department officials have all said that economic development and improved governance are at least as critical as military action in containing the terrorist threat. While our bill envisions sustained cooperation with Pakistan for the long haul, it is not a blank check. It calls for tangible progress in a number of areas, including an independent judiciary, greater accountability by the central government, respect for human rights, and civilian control of the levers of power, including the military and the intelligence agencies. It recognizes that Pakistan will need security assistance to fight the terrorists, but it subjects this assistance to a certification that the government is using the money for its intended purpose, namely, to go after the Taliban and al-Qaeda, and that civilian control is maintained. It calls for a comprehensive, cross- border approach to the very difficult situation along the adjoining Afghan and Pakistani tribal areas, combining the economic and security aspects. This bill represents a lot of hard work by many parties, but we recognize the job is not yet done. Passing it into law will require further efforts, first of all by us on the Senate Foreign Relations Committee. Then we must take it to the floor of the Senate, where I look forward to working with our chairman on advancing the bill.

Mr. LUGAR

Mr. LUGAR. Mr. President, reserving the right to object.