May 9, 2002 CONGRESSIONAL RECORD — SENATE S4165 takes effect as if the proposed rule were a collection of, and (beginning 18 months after (1) reopen the Record of Decision (ROD) on final rule. the date of the enactment of this Act) annu- the mixed oxide fuel fabrication facility for (b) UNINTENTIONAL PRESENCE OF KNOWN ally publish, national data on— purposes of identifying and evaluating alter- FOOD ALLERGENS.— (1) the prevalence of food allergies, and native locations for the mixed oxide fuel fab- (1) GOOD MANUFACTURING PRACTICES; (2) the incidence of deaths, injuries, includ- rication facility; and RECORDS.—Regulations under subsection (a) ing anaphylactic shock, hospitalizations, and (2) conduct a study of the costs and impli- shall require the use of good manufacturing physician visits, and the utilization of drugs, cations for the national security of the practices to minimize, to the extent prac- associated with allergic responses to foods. United States of— ticable, the unintentional presence of aller- (b) STUDY.—Not later than one year after (A) converting the Savannah River site to gens in food. Such regulations shall include the date of the enactment of this Act, the an environmental management (EM) closure appropriate record keeping and record in- Secretary, in consultation with consumers, site; and spection requirements. providers, State governments, and other rel- (B) transferring all current and proposed (2) ADVISORY LABELING.—In the regulations evant parties, shall complete a study for the national security activities at the Savannah under subsection (a), the Secretary shall au- purposes of— River Site from the Savannah River Site to thorize the use of advisory labeling for a (1) determining whether existing systems other facilities of the National Nuclear Secu- known food allergen when the Secretary has for the reporting, collection and analysis of rity Administration or the Department of determined that good manufacturing prac- national data accurately capture informa- Energy, as appropriate. tices required under the regulations will not tion on the subjects specified in subsection (b) REPORT ON STUDY.—If the Secretary eliminate the unintentional presence of the (a); and conducts a study under subsection (a)(2), the known food allergen and its presence in the (2) identifying new or alternative systems, Secretary shall submit to the congressional food poses a risk to human health, and the or enhancements to existing systems, for the defense committees a report on the study regulations shall otherwise prohibit the use reporting collection and analysis of national not later than six months after the com- of such labeling. data necessary to fulfill the purpose of sub- mencement of the study. (c) INGREDIENT LABELING GENERALLY.—In section (a). (c) CONTINGENT SUSPENSION OF APPLICA- regulations under subsection (a), the Sec- (c) PUBLIC AND PROVIDER EDUCATION.—The BILITY OF REQUIREMENTS.—If at any time be- retary shall prescribe a format for labeling, Secretary shall, directly or through con- fore the requirements in subsection (a) oth- as provided for under section 403(w)(3) of the tracts with public or private entities, edu- erwise go into effect, the Secretary and the Federal, Food, Drug, and Cosmetic Act. cate physicians and other health providers to State of South Carolina enter into an agree- (d) REVIEW BY OFFICE OF MANAGEMENT AND improve the reporting, collection, and anal- ment regarding the shipment of special nu- BUDGET.—If the Office of Management and ysis of data on the subjects specified in sub- clear materials to the Savannah River Site Budget (in this section referred to as section (a). for processing by the proposed mixed oxide (d) CHILD FATALITY REVIEW TEAMS.—Inso- ‘‘OMB’’) is to review proposed or final rules fuel fabrication facility at the Savannah far as is practicable, activities developed or under this Act, OMB shall complete its re- River Site, the requirements in subsection expanded under this section shall include view in 10 working days, after which the rule (a) shall not go into effect as long, as deter- utilization of child fatality review teams in shall be published immediately in the Fed- mined by the Secretary, as the Secretary identifying and assessing child deaths associ- eral Register. If OMB fails to complete its and the State of South Carolina comply with ated with allergic responses to foods. review of either the proposed rule or the the agreement. (e) REPORTS TO CONGRESS.—Not later than final rule in 10 working days, the Secretary (d) SPECIAL NUCLEAR MATERIALS.—In this 18 months after the date of the enactment of shall provide the rule to the Office of the section, the term ‘‘special nuclear mate- this Act, the Secretary shall submit to the Federal Register, which shall publish the rials’’ includes weapons grade plutonium. Congress a report on the progress made with rule, and it shall have full effect (subject to respect to subsections (a) through (d). f applicable effective dates specified in this (f) AUTHORIZATION OF APPROPRIATIONS.— SUBMITTED RESOLUTIONS Act) without review by OMB. If the Sec- For the purpose of carrying out this section, retary does not complete the proposed or there are authorized to be appropriated final rule so as to provide OMB with 10 work- $10,000,000 for fiscal year 2003, and such sums SENATE CONCURRENT RESOLU- ing days to review the rule and have it pub- as may be necessary for each subsequent fis- lished in the Federal Register within the cal year. TION 109—COMMEMORATING THE time frames for publication of the rule speci- (g) EFFECTIVE DATE.—This section takes INDEPENDENCE OF EAST TIMOR fied in this section, the rule shall be pub- effect on the date of the enactment of this AND EXPRESSING THE SENSE OF lished without review by OMB. Act. CONGRESS THAT THE PRESI- SEC. 6. FOOD LABELING; INCLUSION OF TELE- DENT SHOULD ESTABLISH DIP- PHONE NUMBER. By Mr. ALLARD (for himself, Mr. LOMATIC RELATIONS WITH EAST (a) IN GENERAL.—Section 403(e) of the Fed- SESSIONS, and Mrs. HUTCHISON): eral Food, Drug, and Cosmetic Act (21 U.S.C. TIMOR, AND FOR OTHER PUR- S. 2501. A bill to establish require- POSES 343(e)) is amended— ments arising from the delay or re- (1) by striking ‘‘and (2)’’ and inserting the striction on the shipment of special nu- Mr. CHAFEE (for himself and Mr. following: ‘‘(2) in the case of a manufacturer, FEINGOLD) submitted the following con- packer, or distributor whose annual gross clear materials to the Savannah River Site, Aiken, South Carolina; to the current resolution; which was referred sales made or business done in sales to con- to the Committee on Foreign Rela- sumers equals or exceeds $500,000, a toll-free Committee on Armed Services. telephone number (staffed during reasonable Mr. ALLARD. Mr. President, I ask tions: business hours) for the manufacturer, pack- unanimous consent that the text of the S. CON. RES. 109 er, or distributor (including one to accom- bill be printed in the RECORD. Whereas on May 20, 2002, East Timor will modate telecommunications devices for deaf There being no objection, the bill was become the first new country of the millen- persons, commonly known as TDDs); or in ordered to be printed in the RECORD, as nium; the case of a manufacturer, packer, or dis- follows: Whereas the perseverance and strength of tributor whose annual gross sales made or S. 2501 the East Timorese people in the face of business done in sales are less than $500,000, daunting challenges has inspired the people the mailing address or the address of the Be it enacted by the Senate and House of Rep- of the United States and around the world; Internet site for the manufacturer, packer, resentatives of the United States of America in Whereas in 1974 Portugal acknowledged the or distributor; and (3)’’; and Congress assembled, right of its colonies, including East Timor, (2) by striking ‘‘clause (2)’’ and inserting SECTION 1. REQUIREMENTS RELATING TO to self-determination, including independ- ‘‘clause (3)’’. DELAY, RESTRICTION, OR PROHIBI- TION ON SHIPMENT OF SPECIAL NU- ence; FFECTIVE ATE (b) E D .—The amendments CLEAR MATERIALS TO SAVANNAH Whereas East Timor has been under United made by subsection (a) take effect upon the RIVER SITE, AIKEN, SOUTH CARO- Nations administration since October, 1999, expiration of the 180-day period beginning on LINA. during which time international peace-keep- the date of the enactment of this Act. (a) REQUIREMENTS.—Subject to subsection ing forces, supplemented by forces of the SEC. 7. DATA ON FOOD-RELATED ALLERGIC RE- (c), if as of the date of the enactment of this United States Group for East Timor SPONSES. Act, or at any time after that date, the State (USGET), have worked to stabilize East (a) IN GENERAL.—Consistent with the find- of South Carolina acts to delay or restrict, Timor and provide for its national security; ings of the study conducted under subsection or seeks or enforces a judgment to prohibit, Whereas the people of East Timor exer- (b), the Secretary of Health and Human the shipment of special nuclear materials cised their long-sought right of self-deter- Services (in this section referred to as the (SNM) to the Savannah River Site, Aiken, mination on August 30, 1999, when 98.6 per- ‘‘Secretary’’), acting through the Director of South Carolina, for processing by the pro- cent of the eligible population voted, and 78.5 the Centers for Disease Control and Preven- posed mixed oxide (MOX) fuel fabrication fa- percent chose independence, in a United Na- tion and in consultation with the Commis- cility at the Savannah River Site, the Sec- tions-administered popular consultation, de- sioner of Foods and Drugs, shall improve the retary of Energy shall— spite systematic terror and intimidation; S4166 CONGRESSIONAL RECORD — SENATE May 9, 2002 Whereas a constitution for East Timor was children separated from their parents On page 244, line 23, strike all through adopted in March, 2002; through coercion or force; ‘‘United States,’’ on line 25, and insert the Whereas East Timor is emerging from (7) expresses a commitment to maintaining following: ‘‘foreign investors in the United more than 400 years of colonization and oc- appropriate restrictions and prohibitions in States are not accorded greater rights than cupation; law on military assistance, training, rela- United States investors in the United Whereas the East Timorese people again tions, and technical support to the Indo- States,’’. demonstrated their strong commitment to nesian Armed Forces; and democracy when 91.3 percent of eligible vot- (8) acknowledges that a United Nations SA 3399. Mr. LOTT proposed an ers peacefully participated in East Timor’s International Commission of Inquiry found amendment to the bill H.R. 3009, to ex- first democratic, multiparty election for a in January 2000 that justice is ‘‘fundamental tend the Andean Trade Preference Act, Constituent Assembly on August 30, 2001, and for the future social and political stability of to grant additional trade benefits when 86.3 percent of those eligible partici- East Timor’’, and remains deeply concerned under that Act, and for other purposes; pated in the first presidential election on about the lack of justice in the region. as follows: April 14, 2002, electing Xanana Gusamo as (b) It is the sense of Congress that the their first President; President should— Strike all after the first word in the bill Whereas, as the people of East Timor move (1) immediately extend to East Timor the and add the following: proudly toward independence, many still diplomatic relations afforded to other sov- DIVISION A—BIPARTISAN TRADE struggle to recover from the scars of the ereign nations, including the establishment PROMOTION AUTHORITY military occupation and 1999 anti-independ- of an embassy in East Timor; TITLE I—TRADE PROMOTION AUTHORITY (2) maintain a robust level of United States ence violence that resulted in displacement SEC. 1101. SHORT TITLE; FINDINGS. which, according to United Nations and assistance for East Timor commensurate (a) SHORT TITLE.—This division may be with the challenges this new nation faces other independent reports, exceed 500,000 in cited as the ‘‘Bipartisan Trade Promotion after independence; number, and widespread death, rape and Authority Act of 2002’’. (3) work to fund in a generous and respon- other mistreatment of women, family sepa- (b) FINDINGS.—The Congress makes the fol- sible way East Timor’s financing gap in its ration, large refugee populations, and the de- lowing findings: recurrent and development budgets, and co- struction of 70 percent of the country’s infra- (1) The expansion of international trade is ordinate with other donors to ensure the structure; vital to the national security of the United budget gap is addressed; Whereas efforts are ongoing by East States. Trade is critical to the economic (4) focus bilateral assistance on the areas Timorese officials and others to seek justice growth and strength of the United States of employment creation, job training, rural for the crimes against humanity and war and to its leadership in the world. Stable reconstruction, micro-enterprise, environ- crimes that have been perpetrated in recent trading relationships promote security and mental protection, health care, education, years, efforts that include the work of the prosperity. Trade agreements today serve refugee resettlement, reconciliation and con- Serious Crimes Investigation Unit of the the same purposes that security pacts played flict resolution, and strengthening the role United Nations and the East Timorese Com- during the Cold War, binding nations to- of women in society; mission for Reception, Truth, and Reconcili- gether through a series of mutual rights and (5) strongly urge the Government of Indo- ation to document and assess responsibility; obligations. Leadership by the United States nesia to step up efforts to disarm and dis- Whereas Indonesian National Human in international trade fosters open markets, band all militia, hold them accountable to Rights Commission and United Nations Se- democracy, and peace throughout the world. the rule of law, ensure stability along the curity Council recommendations to inves- (2) The national security of the United border, and promptly reunite East Timorese tigate and prosecute senior Indonesian mili- States depends on its economic security, children separated from their parents tary and civilian officials for their roles in which in turn is founded upon a vibrant and through coercion or force; and promoting the 1999 anti-independence vio- growing industrial base. Trade expansion has (6) review thoroughly information from the lence in East Timor have not yet been fully been the engine of economic growth. Trade East Timorese Commission for Reception, implemented; agreements maximize opportunities for the Truth, and Reconciliation, and use all diplo- Whereas, although the people of East critical sectors and building blocks of the matic resources at the disposal of the Presi- Timor are working toward a plan for vig- economy of the United States, such as infor- dent to ensure that— orous economic growth and development, the mation technology, telecommunications and (A) those officials responsible for crimes Government of East Timor will face a sub- other leading technologies, basic industries, against humanity and war crimes against stantial shortfall in its recurrent and devel- capital equipment, medical equipment, serv- the East Timorese people are held account- opment budgets over the first 3 years of inde- ices, agriculture, environmental technology, able; and pendence, and is seeking to fill the gap en- and intellectual property. Trade will create (B) the Government of Indonesia fully co- tirely with grants from donor countries; and new opportunities for the United States and operates with the East Timorese judicial sys- Whereas a large percentage of the popu- preserve the unparalleled strength of the tem. lation of East Timor lives below the poverty United States in economic, political, and line, with inadequate access to health care f military affairs. The United States, secured and education, the unemployment rate is es- AMENDMENTS SUBMITTED AND by expanding trade and economic opportuni- timated at 80 percent, and the life expect- PROPOSED ties, will meet the challenges of the twenty- ancy is only 57 years: Now, therefore, be it first century. SA 3398. Mr. BAUCUS (for himself and Mr. Resolved by the Senate (the House of Rep- (3) Support for continued trade expansion GRASSLEY) submitted an amendment in- resentatives concurring), That (a) Congress— requires that dispute settlement procedures tended to be proposed to amendment SA 3386 (1) congratulates and honors the coura- under international trade agreements not proposed by Mr. DASCHLE to the bill (H.R. geous people of East Timor and their leaders; add to or diminish the rights and obligations 3009) to extend the Andean Trade Preference (2) welcomes East Timor into the commu- Act, to grant additional trade benefits under provided in such agreements. Nevertheless, nity of nations as a sovereign state and that Act, and for other purposes; which was in several cases, dispute settlement panels looks forward to working with East Timor as ordered to lie on the table. and the WTO Appellate Body have added to an equal partner; SA 3399. Mr. LOTT proposed an amendment obligations and diminished rights of the (3) supports United Nations and other mul- to the bill H.R. 3009, supra. United States under WTO Agreements. In tilateral efforts to support reconstruction SA 3400. Mr. BAYH (for himself, Mr. DUR- particular, dispute settlement panels and the and development in East Timor, and United BIN, Mr. DAYTON, Ms. MIKULSKI, and Mr. Appellate Body have— Nations and other multilateral peacekeeping ROCKEFELLER) submitted an amendment in- (A) given insufficient deference to the ex- forces to safeguard East Timor’s security, in- tended to be proposed to amendment SA 3386 pertise and fact-finding of the Department of cluding continuing the periodic visits by proposed by Mr. DASCHLE to the bill (H.R. Commerce and the United States Inter- United States military forces; 3009) supra; which was ordered to lie on the national Trade Commission; (4) remains committed to working toward table. (B) imposed an obligation concerning the a debt-free start to East Timor and just, sus- f causal relationship between increased im- tainable, and secure development programs ports into the United States and serious in- as well as adequate resources for the judicial TEXT OF AMENDMENTS jury to domestic industry necessary to sup- system for East Timor for the foreseeable fu- SA 3398. Mr. BAUCUS (for himself port a safeguard measure that is different ture beyond independence; and Mr. GRASSLEY) submitted an from the obligation set forth in the applica- (5) expresses continued concern over de- amendment intended to be proposed to ble WTO Agreements; plorable humanitarian conditions and an en- amendment SA 3386 proposed by Mr. (C) imposed an obligation concerning the vironment of intimidation among the East exclusion from safeguards measures of prod- DASCHLE to the bill (H.R. 3009) to ex- Timorese refugees living in West Timor; ucts imported from countries party to a free (6) strongly supports the prompt, safe, and tend the Andean Trade Preference Act, trade agreement that is different from the voluntary repatriation and reintegration of to grant additional trade benefits obligation set forth in the applicable WTO East Timorese refugees, in particular those under that Act, and for other purposes; Agreements; East Timorese still held in militia-controlled which was ordered to lie on the table; (D) imposed obligations on the Department refugee camps in West Timor, especially as follows: of Commerce with respect to the use of facts