S11552 CONGRESSIONAL RECORD — SENATE November 7, 2001 would be the first decline since Christ- I thank the Chair. Sometimes they are the only tan- mas of 1953, in the wake of the Korean gible reminders we have of courageous War. By Mr. CAMPBELL: service to this country. We can easily Our Sales Tax Holiday Act of 2001 S. 1644. A bill to further the protec- read about those brave Americans who will provide that positive stimuli at a tion and recognition of veterans’ me- served in war, but it’s not always easy critical time when consumers need the morials, and for other purposes; to the to gather more than just hard facts help most. Holiday sales make up one- Committee on Veterans’ Affairs. from newspapers or history books. fifth, 22.8 percent, of annual consumer f Being in the presence of a statue or spending, so we will target our bill di- PROTECTING THE SITES HON- memorial structure can evoke a deeper rectly toward these sales. States that ORING THOSE WHO PROTECT US response. We can walk around it, some- opt to participate by rolling back their Mr. CAMPBELL. Madam President, times we can touch it, and oftentimes sales tax will be ‘‘held harmless’’ for today, 4 days before Veterans Day, I in- we can see the names of each brave their decisions, with reimbursement troduce legislation that would recog- American who died in conflict. made by the Federal Government for nize and protect the sanctity of vet- Madam President, the timing of this lost sales tax revenue. This revenue erans’ memorials. Currently, there is bill is appropriate. This Sunday, No- will be replaced on a timely basis so no comprehensive Federal law to pro- vember 11, we will recognize Veterans’ that States’ cash flows are not af- tect veterans’ memorials, which is why Day, which informally began as a se- fected, with States opting to be reim- I am introducing the Veterans’ Memo- ries of memorial gestures to celebrate bursed for lost revenue based on a for- rial Preservation and Recognition Act the end of World War I in 1918. Three mula which is based on historical De- of 2001. years later, on the eleventh hour of the cember sales tax revenue, or opting to My bill would prohibit the desecra- eleventh day of the eleventh month, an receive dollar for dollar reimbursement tion of veterans’ memorials, provide unknown American soldier of the war based on actual sales. States will have for repairs of veterans memorials and was buried on a hillside in Arlington to choose which method of reimburse- permit guide signs to veterans’ ceme- Cemetery, overlooking the Potomac ment they would like to receive prior teries on Federal-aid highways. River. This site became a summit of to implementation of the sales tax hol- Under this legislation, someone who veneration for Americans everywhere. iday. willfully desecrates any type of monu- Similarly, at Westminster Abbey in Forty-five States, and the District of ment commemorating those in the England and the Arc de Triomphe in Columbia will be eligible to participate Armed Forces on public property would France, an unknown soldier was buried in our plan, with an estimated overall be fined or put in jail. The violator in each of these places of highest economic impact of about $6.5 billion would be subject to a civil penalty in honor. for the 10-day sales tax holiday. Need- addition to the fine, equal to the cost These three memorial sites are sym- less to say, no State would be required of repairing the damage. bols of our reverence; it is only appro- to take action, but we think they de- The funds generated by these pen- priate that we do everything we can to serve to have the option. alties would then go into a Veterans’ preserve sites like these across Amer- This is a proven approach that can Memorial Restoration Fund, estab- ica. dramatically boost sales. When Mary- lished by the Secretary of Veterans’ There are hundreds of veterans’ me- land and the District of Columbia tried Affairs, to make those monies avail- morials, on public property, here in the sales tax holidays last August, for ex- able for the repair of the damaged me- United States. From nationally-known ample, monthly sales jumped by 10 per- morials. But the vandals won’t be the places such as Iwo Jima, to smaller cent. One retailer even saw sales jump only ones contributing to the fund; in- sites such as the Colorado Veterans’ 35 percent over the same period a year dividuals and veterans’ organizations Memorial across from the capitol in could also make donations and get a ago. And the Wall Street Journal in Denver, each is a site where we go to charitable contribution deduction. In 1997 reported that a survey of 102 stores heal and to remember. As a veteran essence, this would be a new way to in the New York City metropolitan myself, I am committed to seeing that provide for the repair of veterans’ me- area averaged 125 percent increases in not a single one is stripped of its dig- morials without any new appropriation sales during the region’s January sales nity. tax holiday on most clothing and foot- or providing other Federal funding. The second part of this bill would I encourage my colleagues to work wear. permit states to place supplemental together for swift consideration of this The fact is, this is an approach that guide signs for veterans’ cemeteries on timely and important legislation. I fulfills every one of the principles for a Federal-aid highways. These veterans’ have the support of several veterans’ stimulus that the Centrist Coalition I cemeteries deserve recognition; by al- organizations, who have offered words cochair laid out earlier this month. lowing signs to be posted, we pay our of encouragement for this bill. These And as the Los Angeles Times reported respect to these sites by offering direc- Americans know, firsthand, the con- on October 12, ‘‘in the view of many tion to them. It is my goal to make cept of service. Let’s honor what they economists—conservative as well as these important sites easily accessible. and thousands of others have done to liberal—most plans fall short of the Our veterans, living and lost, are a preserve our freedom. key criteria for stimulus proposals: reminder of our unity. Those who Madam President, I thank the Chair they should take effect quickly, pro- served in our Armed Services are more and ask unanimous consent that let- mote new spending or investment that than just symbols of freedom and jus- ters of support from the American Le- otherwise would not occur, and do no tice in the midst of conflict and during gion, Rolling Thunder, Inc., and the long-term damage.’’ times of peace. Paralyzed Veterans of America be Our plan fits the bill and makes per- They are real people, integral to our printed in the RECORD. fect sense—and will pay off for con- entire population, who enrich our day- There being no objection, the letters sumers with more dollars and cents in to-day lives with their proud service, were ordered to be printed in the their pockets. What better signal of with their personal accounts of war, RECORD, as follows: holiday cheer and confidence than to their organizations of service, and THE AMERICAN LEGION, include a savings on every purchase, their expressions of deep-down Amer- Washington, DC, November 6, 2001. enticing consumers back into the ican pride. Not only have we lost many Hon. BEN NIGHTHORSE CAMPBELL, stores and giving a much-needed boost of these brave men and women in con- U.S. Senate, Russell Senate Office Building, to our economy? flict, but we lose thousands of them Washington, DC. As we approach this holiday season, forever each year as the veteran popu- DEAR SENATOR CAMPBELL: On behalf of the rather than being ‘‘a day late and a lation ages. We have to honor their 2.9 million members of The American Le- dollar short’’ in helping consumers and gion, I would like to express full support for sacrifices by protecting the sites that the Veterans’ Memorial Preservation and stimulating the economy, we should recognize them. Recognition Act. We applaud your efforts to pass this legislation and give America It is a shame that there is no com- prohibit the desecration of veterans’ memo- the gift of an immediate boost to our prehensive federal law to protect vet- rials, and to permit guide signs to veterans economic strength and well-being. erans’ memorials. cemeteries on federal highways. November 7, 2001 CONGRESSIONAL RECORD — SENATE S11553 The American Legion recognizes the need as the war against terrorism will con- It will deny international assistance to to preserve the sanctity and solemnity of tinue to be, we must not overlook the his government. It will freeze veterans’ memorials. These historic monu- brutality and injustice of a regime Belarusian assets in the United States. ments serve not only to honor the men and such as the one led by Lukashenka, es- women of the nation’s armed services, but to It will prohibit trade with the educate future generations of the sacrifices pecially in the heart of Europe. Lukashenka government and busi- endured to preserve the freedoms and lib- For this reason, I am introducing nesses owned by that government. It erties enjoyed by all Americans. today the Belarus Democracy Act of will also deny officials of the Once again, The American Legion fully 2001, the purpose of which is to support Lukashenka government the right to supports the Veterans’ Memorial Preserva- the people in Belarus who are strug- travel to the United States. tion and Recognition Act. We appreciate gling, often at great peril to their lives, your continued leadership in addressing the to revive democracy, and to reconsoli- And, if Lukashenka continues to sur- issues that are important to veterans and date their country’s declining inde- render Belarusian sovereignty, this bill their families. pendence and sovereignty. will strip his government of the diplo- Sincerely, Democracy has been crushed in matic properties it currently enjoys in STEVE A. ROBERTSON, Belarus by a fanatical dictatorship the United States. Indeed, if he is suc- Director, National that can only be described as a brutal cessful in his warped effort to recreate Legislative Commission. throwback to the Soviet era. Aleksandr the Soviet Union, the Government of Belarus will sadly have no need for ROLLING THUNDER, INC., Lukashenka is an authoritarian ob- Neshanic Station, NJ, November 5, 2001. sessed with recreating the former So- these properties. Senator BEN ‘‘NIGHTHORSE’’ CAMPBELL, viet Union, which he believes he will This bill supports our Nation’s vision Russell Senate Office Building, ultimately lead. Because of of Europe that is democratic, free and Washington, DC. Lukashenka, Belarus has emerged as a undivided. That vision will never be HONORABLE BEN CAMPBELL: I am sending dark island of repression, censorship, fulfilled as long as Belarus suffers this letter in support of Bill, ‘‘Veterans Me- and command economy in a region of morial Preservation and Recognition Act of under the tyranny of Aleksandr 2001. consolidating democracies. Lukashenka. It is our moral and stra- Rolling Thunder National and our mem- Belarus has tragically become the tegic interest to support those fighting bers are in full support of this bill. Those Cuba of Europe. Nonetheless, the peo- for democracy and freedom in Belarus who destroy and deface any Veterans Memo- ple of Belarus have not succumbed to and the return of their country to the rial should be punished and made to pay full Lukashenka. Independent newspapers European community of free states. restitution for the damages they have struggle to publish. The leadership of caused. Many Americans have fought and the parliament he unconstitutionally To ignore this struggle for democ- died for the freedom of all Americans and dismissed refuses to concede legit- racy and freedom and to turn an indif- their Memorials should be honored and re- imacy to his sham regime. Scores of ferent eye upon Lukashenka’s effort to spected by all. non-governmental organizations fight reconstruct the former Soviet Union I thank you for your help and support to would be a grave error. Not only would all American Veterans. to promote the rule of law and to pro- Sincerely, tect fundamental human rights. The it be immoral, it would be strategically SGT., ARTIE MULLER, vibrancy of Belarus’s struggling civil shortsighted. National President. society has been made evident by the Allowing Moscow to reabsorb a state ‘‘Freedom Marches’’ that have at- that was once independent and demo- PARALYZED VETERANS OF AMERICA, tracted literally tens of thousands of cratic would only whet Moscow’s appe- Washington, DC, November 5, 2001. Belarusians to the streets of Minsk and tite to restore the old Soviet borders. Hon. BEN NIGHTHORSE CAMPBELL, countless other anti-Lukashenka dem- U.S. Senate, That would set a precedent that would onstrations elsewhere in Belarus. only jeopardize the security of Washington, DC. Their agenda is the promotion of a DEAR SENATOR CAMPBELL: On behalf of the Ukraine, Lithuania, Latvia, and Esto- Paralyzed Veterans of America (PVA) I am free, independent, democratic and nia. Indulging antiquated Russian im- writing to offer our support for the ‘‘Vet- Western-oriented Belarus, a sharp con- perial pretensions would also undercut erans’ Memorial Preservation and Recogni- trast to Lukashenka’s efforts to reani- the prospects for democratic reform in tion Act of 2001.’’ mate the former Soviet Union. Russia. Memorials to the men and women who This is an agenda not without risk. have served this Nation, in times of war and Those who have dared to take a stand For these reasons the Belarus De- in times of peace, are tokens of our gratitude against Lukashenka have disappeared. mocracy Act of 2001 authorizes $30 mil- for their service, and their sacrifice. They Yuri Zakharenko disapproved soon lion in assistance to restore and are tangible reminders of our past, and an in- after he resigned his post as strengthen the institutions of demo- spiration for our future. For this reason they cratic government in Belarus. It spe- are well worth protecting and preserving. Lukashenka’s Minister of Interior and This legislation addresses both of these began working with the opposition. Op- cifically urges the President of the goals. position leader Victor Gonchar and his United States to furnish assistance to Again, thank you for introducing the ‘‘Vet- colleague, Anatoly Krasovsky, van- political parties in Belarus committed erans’ Memorial Preservation and Recogni- ished just hours after Lukashenka, in a to those goals. tion Act of 2001.’’ Sincerely, drooling rage broadcast on state tele- It expands the resources available to RICHARD B. FULLER, vision, called upon his henchmen to support radio broadcasting into National Legislative Director. crackdown on the ‘‘opposition scum.’’ Belarus that will facilitate the flow of Other opposition leaders such as uncensored information to the people By Mr. HELMS: Andrei Klimov, have been imprisoned of Belarus. S. 1645. A bill to provide for the pro- under harsh conditions simply for ex- The September elections in Belarus motion of democracy and rule of law in pressing their opposition to were stained by the Lukashenka re- Belarus and for the protection of Lukashenka’s regime. Belarus’ sovereignty and independence; This regime has tried to crush oppo- gime’s cruel suppression of democratic to the Committee on Foreign Rela- sition marches with truncheon-wield- and human rights. Let the Belarus De- tions. ing riot police. The independent press mocracy Act be America’s response to Mr. HELMS. Madam President, on and non-governmental organizations Europe’s last dictator, Aleksandr top of the mayhem and slaughter in promoting democracy, rule of law and Lukashenka. New York and at the Pentagon in human rights in Belarus are subject to I ask unanimous consent the text of Washington last September, a travesty constant government harassment, in- the bill be printed in the RECORD. against democracy occurred, again, in timidation, arrests, fines, beatings, and There being no objection, the bill was Belarus. Aleksandr Lukashenka, the murder. Dmitry Zavadsky, a camera- ordered to be printed in the RECORD, as dictator controlling this country, stole man for Russian television, known for follows: through intimidation and repression, his critical reporting of the the presidential elections that took Lukashenka regime, disappeared under S. 1645 place on September 9. mysterious circumstances. Be it enacted by the Senate and House of Rep- Tragic as the events in our own coun- If passed, this bill will impose sanc- resentatives of the United States of America in try were and as serious an undertaking tions against the Lukashenka regime. Congress assembled, S11554 CONGRESSIONAL RECORD — SENATE November 7, 2001 SECTION 1. SHORT TITLE. (16) the parliamentary elections of October skill areas central to the development of This Act may be cited as the ‘‘Belarus De- 15, 2000, conducted by Aleksandr Lukashenka civil society; and mocracy Act of 2001’’. were illegitimate and unconstitutional; (7) the development of all elements of SEC. 2. FINDINGS. (17) these elections were plagued by violent democratic processes, including political Congress finds that— human rights abuses committed by his re- parties and the ability to conduct free and (1) the United States has a vital interest in gime, including the harassment, beatings, fair elections. the consolidation and strengthening of the arrest, and imprisonment of members of the (d) AUTHORIZATION OF APPROPRIATIONS.— independence and sovereignty of the Repub- opposition; (1) IN GENERAL.—There is authorized to be lic of Belarus and its integration into the (18) these elections were conducted in the appropriated to the President $30,000,000 for European community of democracies; absence of a democratic election law; the fiscal year 2002. (2) the United States supports the pro- (19) the presidential election of September (2) AVAILABILITY OF FUNDS.—Amounts ap- motion of democracy, the rule of law, and re- 2001 was fundamentally unfair and featured propriated pursuant to paragraph (1) are au- spect for human rights in Belarus; significant and abusive misconduct by the thorized to remain available until expended. (3) in November 1996, Belarusian President regime of Aleksandr Lukashenka, SEC. 4. AUTHORIZED FUNDING FOR RADIO Aleksandr Lukashenka orchestrated an ille- including— BROADCASTING IN AND INTO gal and unconstitutional referendum that (A) the harassment, arrest, and imprison- BELARUS. enabled him to impose upon the Belarusian ment of opposition leaders; (a) IN GENERAL.—The purpose of this sec- people a new constitution, abolish the old (B) the denial of opposition candidates tion is to augment support for independent parliament, the 13th Supreme Council, re- equal and fair access to the dominant state- and uncensored radio broadcasting in and place it with a rubber stamp legislature, and controlled media; into Belarus that will facilitate the dissemi- extend his term office to 2001; (C) the seizure of equipment and property nation of information in a way that is not (4) in May 1999, the Belarusian opposition of independent nongovernmental organiza- impeded by the government of Lukashenka. tions and press organizations and the harass- challenged Lukashenka’s illegal extension of (b) ALLOCATION OF FUNDS.—Not less than ment of their staff and management; his presidential term by staging alternative $5,000,000 made available under section 3 (D) voting and vote counting procedures presidential elections and these elections shall be available only for programs that fa- that were not transparent; and were met with repression; cilitate and support independent broad- (E) a campaign of intimidation directed (5) the Belarusian opposition has organized casting into and in Belarus on AM and FM against opposition activists, domestic elec- peaceful demonstrations against the bandwidths, including programming from tion observation organizations, opposition Lukashenka regime in cities and towns the Voice of America and RFE/RL, Incor- and independent media, and a libelous media throughout Belarus, including the Freedom I porated. campaign against international observers; March of October 17, 1999, the Freedom II (c) REPORTING ON RADIO BROADCASTING TO and March of March 15, 2000, and the Chernobyl AND IN BELARUS.—Not later than 120 days (20) the last parliamentary election in Way March of April 26, 2000, each of which after the date of enactment of this Act, the Belarus deemed to be free and fair by the took place in Minsk and involved tens of Secretary of State shall submit to the Com- international community took place in 1995 thousands of Belarusians; mittee on Foreign Relations of the Senate and from it emerged the 13th Supreme Soviet (6) the Lukashenka regime has responded and the Committee on International Rela- whose democratically and constitutionally to these peaceful marches with truncheon- tions of the House of Representatives a re- derived authorities and powers have been swinging security personnel, mass arrests, port on how funds allocated under subsection usurped by the authoritarian regime of Alek- extended incarcerations, and beatings; (b) will be used to provide AM and FM broad- sandr Lukashenka. (7) Andrei Klimov, a member of the last casting that covers the territory of Belarus democratically elected Parliament in SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY and delivers to the people of Belarus pro- AND CIVIL SOCIETY IN BELARUS. Belarus remains imprisoned under harsh con- gramming free from censorship of the gov- ditions for his political opposition to (a) PURPOSES OF ASSISTANCE.—The assist- ernment of Lukashenka. Lukashenka; ance under this section shall be available for (8) Victor Gonchar, Yuri Krasovsky, and the following purposes: SEC. 5. SANCTIONS AGAINST THE LUKASHENKA REGIME. Yuri Zakharenka, who have been leaders and (1) To assist the people of Belarus in re- supporters of the opposition, have dis- gaining their freedom and to enable them to (a) APPLICATIONS OF MEASURES.—The sanc- appeared under mysterious circumstances; join the international community of democ- tions described in this section and sections 6, (9) former Belarus government officials, in- racies. 8, and 9, shall apply with respect to Belarus cluding four police investigators, have come (2) To restore and strengthen institutions until the President determines and certifies forward with credible allegations and evi- of democratic government in Belarus. to the appropriate congressional committees dence that top officials of the Lukashenka (3) To encourage free and fair presidential that the Government of Belarus has made regime were involved in the murders of oppo- and parliamentary elections in Belarus, con- significant progress in meeting the condi- sition figures Yury Zakharenka, Victor ducted in a manner consistent with inter- tions described in subsection (b). Gonchar, Anatol Krasovsky, Dmitry nationally accepted standards and under the (b) CONDITIONS.—The conditions referred to Zavadsky, and scores of other people. supervision of internationally recognized ob- in subsection (a) are the following: (10) the Lukashenka regime systematically servers. (1) The release of all those individuals who harasses and persecutes the independent (4) To sustain and strengthen international have been jailed for their political views. media and actively suppresses freedom of sanctions against the Lukashenka regime in (2) The withdrawal of politically motivated speech and expression; Belarus. legal charges against all opposition figures. (11) Dmitry Zavadsky, a cameraman for (b) AUTHORIZATION FOR ASSISTANCE.—To (3) The provision of a full accounting of Russian public television, known for his crit- carry out the purposes of subsection (a), the those opposition leaders and journalists, in- ical reporting of the Lukashenka regime, President is authorized to furnish assistance cluding Victor Gonchar, Yuri Krasovsky, disappeared under mysterious cir- and other support for the activities described Yuri Zakharenka, and Dmitry Zavadsky, cumstances; in subsection (c) and primarily for indige- who have disappeared under mysterious cir- (12) the Lukashenka regime harasses the nous Belarusian political parties and non- cumstances, and the prosecution of those in- autocephalic Belarusian Orthodox Church, governmental organizations. dividuals who are responsible for those dis- the Roman Catholic Church, evangelical (c) ACTIVITIES SUPPORTED.—Activities that appearances. churches, and other minority groups; may be supported by assistance under sub- (4) The cessation of all forms of harass- (13) Lukashenka advocates and actively section (b) include— ment and repression against the independent promotes a merger between Russia and (1) democratic forces, including political media, nongovernmental organizations, and Belarus, and initiated negotiations and parties, committed to promoting democracy the political opposition. signed December 8, 1999, the Belarus-Russia and Belarus’ independence and sovereignty; (5) The implementation of free and fair Union Treaty even though he lacks the nec- (2) democracy building; presidential and parliamentary elections. essary constitutional mandate to do so; (3) radio and television broadcasting to (c) INTERNATIONAL FINANCIAL INSTITU- (14) the Belarusian opposition denounces Belarus; TIONS.—The Secretary of the Treasury shall these intentions and has repeatedly called (4) the development and support of non- instruct the United States executive direc- upon the international community to ‘‘un- governmental organizations promoting de- tors of the international financial institu- ambiguously announce the nonrecognition of mocracy and supporting human rights both tions to oppose, and vote against, any exten- any international treaties concluded by in Belarus and in exile; sion by those institutions of any financial Lukashenka’’; (5) the development of independent media assistance (including any technical assist- (15) the United States, the European working within Belarus and from locations ance or grant) of any kind to the Govern- Union, the NATO Parliamentary Assembly, outside of Belarus and supported by ment of Belarus, except for loans and assist- the OSCE Parliamentary Assembly, and nonstate-controlled printing facilities; ance that serve basic human needs. other international bodies continue to recog- (6) international exchanges and advanced (d) INTERNATIONAL FINANCIAL INSTITUTIONS nize the 13th Supreme Council as the legal professional training programs for leaders DEFINED.—In this section, the term inter- Belarusian Parliament; and members of the democratic forces in national financial institution includes the November 7, 2001 CONGRESSIONAL RECORD — SENATE S11555 International Monetary Fund, the Inter- 212(f) of the Immigration and Nationality every year thereafter, the President shall national Bank for Reconstruction and Devel- Act (8 U.S.C. 1182(f)) to suspend the entry submit a report to the appropriate congres- opment, the International Development As- into the United States of any alien who— sional committees reporting on— sociation, the International Finance Cor- (1) holds a position in the senior leadership (1) assistance and commerce received by poration, the Multilateral Investment Guar- of the Government of Belarus; or Belarus from other foreign countries during anty Agency, and the European Bank for Re- (2) is a spouse, minor child, or agent of a the previous 12-month period; construction and Development. person inadmissible under paragraph (1). (2) the sales of weapons and weapons-re- SEC. 6. BLOCKING BELARUSIAN ASSETS IN THE SEC. 8. PROHIBITION ON STRATEGIC EXPORTS lated technologies from Belarus during that UNITED STATES. TO BELARUS. 12-month period; (a) BLOCKING OF ASSETS.—All property and No computers, computer software, goods (3) the relationship between the interests in property, including all commer- intended to manufacture or service com- Lukashenka regime and the Government of cial, industrial, or public utility under- puters, no technology intended to manufac- the Russian Federation; and takings or entities, that are owned in whole ture or service computers, or any other (4) the personal assets and wealth of Alek- or in part by the Government of Belarus, or goods or technology may be exported to or sandr Lukashenka and other senior leaders by any member of the senior leadership of for use by the Government of Belarus, or by of the Government of Belarus. Belarus, that are in the United States, that any of the following entities of that govern- (b) REPORT ELEMENTS.—Each report re- quired by subsection (a) shall, for the period hereafter come within the United States, or ment: covered by the report, contain, to the extent that are or hereafter come within the posses- (1) The military. such information is known— sion or control of United States persons, in- (2) The police. (1) a description of all assistance, including cluding their overseas branches, are hereby (3) The prison system. humanitarian assistance, provided to the blocked. (4) The national security agencies. Government of Belarus by foreign govern- (b) EXERCISE OF AUTHORITIES.—The Sec- SEC. 9. PROHIBITION ON LOANS AND INVEST- ments and multilateral institutions; retary of the Treasury, in consultation with MENT. (2) a description of Belarus’ commerce with (a) UNITED STATES GOVERNMENT FINANC- the Secretary of State, shall take such ac- foreign countries, including the identifica- ING.—No loan, credit guarantee, insurance, tions, including the promulgation of regula- tion of Belarus’ chief trading partners and financing, or other similar financial assist- tions, orders, directives, rulings, instruc- the extent of such trade; ance may be extended by any agency of the tions, and licenses, and employ all powers (3) a description of joint ventures com- United States Government (including the granted to the President by the Inter- pleted, or under construction by foreign na- Export-Import Bank and the Overseas Pri- national Emergency Economic Powers Act, tionals involving facilities in Belarus; and vate Investment Corporation) to the Govern- as may be necessary to carry out subsection (4) an identification of the countries that ment of Belarus. (a). purchase or have purchased, arms or mili- (b) TRADE AND DEVELOPMENT AGENCY.—No (c) PROHIBITED TRANSFERS.—Transfers pro- tary supplies from Belarus or that have come funds made available by law may be avail- hibited under subsection (b) include pay- into agreements with the Belarus Govern- able for activities of the Trade and Develop- ments or transfers of any property or any ment that have a military application, ment Agency in or for Belarus. transactions involving the transfer of any- including— (c) THIRD COUNTRY ACTION.—Congress urges thing of economic value by any United (A) a description of the military supplies, the Secretary of State to encourage all other States person to the Government of Belarus, equipment, or other material sold, bartered, countries, particularly European countries, or any person or entity acting for or on be- or exchanged between Belarus and such to suspend any of their own programs pro- half of, or owned or controlled, directly or countries; and viding support similar to that described in indirectly, by that government, or to any (B) a listing of the goods, services, credits, subsection (a) or (b) to the Government of member of the senior leadership of Belarus. or other consideration recieved by the Belarus, including the rescheduling of repay- (d) PAYMENT OF EXPENSES.—All expenses Belarus government in exchange for military ment of the indebtedness of that government incident to the blocking and maintenance of supplies, equipment, or material. under more favorable conditions. property blocked under subsection (a) shall SEC. 14. SENSE OF CONGRESS. (d) PROHIBITION ON PRIVATE CREDITS.—No be charged to the owners or operators of Congress hereby— United States person may make or approve such property, which expenses shall not be (1) expresses its support to those in Belarus any loan or other extension of credit, di- met from blocked funds. seeking— rectly or indirectly, to the Government of (e) PROHIBITIONS.—The following shall be (A) to promote democracy and the rule of Belarus or to any corporation, partnership, prohibited as of the date of enactment of this law, to consolidate the independence and or other organization that is owned, oper- Act: sovereignty of Belarus; and ated, or controlled by the Government of (1) The exportation to any entity owned, (B) to promote its integration into the Eu- Belarus. controlled, or operated by the Government of ropean community of democracies; Belarus, directly or indirectly, of any goods, SEC. 10. DENIAL OF GSP. (2) expresses its grave concern about the technology, or services, either— (a) FINDING.—Congress finds that the Gov- disappearances of Victor Gonchar, Yuri (A) from the United States; ernment of Belarus has failed to respect Krasovsky, Yuri Zakharenka, Dmitry (B) requiring the issuance of a license for internationally recognized worker rights. Zavadsky, and other members of the opposi- export by a Federal agency; or (b) DENIAL OF GSP BENEFITS.—Congress ap- tion and press; (C) involving the use of United States reg- proves the decision of the United States Gov- (3) calls upon Lukashenka’s regime to istered vessels or aircraft, or any activity ernment to deny tariff treatment under title cease its persecution of political opponents that promotes or is intended to promote V of the Trade Act of 1974 (the Generalized and to release those, including Andrei such exportation. System of Preferences (GSP)) to Belarus. Klimov, who have been imprisoned for oppos- (2) The performance by any United States SEC. 11. MULTILATERAL SANCTIONS. ing his regime; person of any contract, including a financing It is the sense of Congress that the Presi- (4) calls upon the Lukashenka regime to contract, in support of an industrial, com- dent should continue to seek to coordinate respect the basic freedoms of speech, expres- mercial, or public utility operated, con- with other countries, particularly European sion, assembly, association, language, and trolled, or owned by the Government of countries, a comprehensive, multilateral religion; Belarus. strategy to further the purposes of this Act, (5) calls upon Lukashenka to allow par- (f) EXCEPTIONS.—Notwithstanding any including, as appropriate, encouraging other liamentary and presidential elections to be other provision of this section, this section countries to take measures similar to those conducted that are free, fair, and fully meet does not apply to— described in this Act. international standards; (1) assistance provided under section 3 or 4 SEC. 12. OWNERSHIP AND USE OF DIPLOMATIC (6) calls upon the Government of Russia, of this Act; AND CONSULAR PROPERTIES. the State Duma, and the Federation Council (2) those materials described in section It is the sense of Congress that, if an un- to end its support, including financial sup- 203(b)(3) of the International Emergency democratic and illegitimate Government of port, to the Lukashenka regime and to fully Economic Powers Act relating to informa- Belarus, enters into a union with the Rus- respect the sovereignty and independence of tional materials; or sian Federation that results in the loss of the Republic of Belarus; (3) materials being sent to Belarus as relief sovereignty for Belarus, the United States (7) calls upon the Government of Belarus in response to a humanitarian crisis. should immediately withdraw any and all to resolve the continuing constitutional and (g) STATUTORY CONSTRUCTION.—Nothing in privileges and immunities under the Vienna political crisis through free, fair, and trans- this Act prohibits any contract or other fi- Convention on Diplomatic Relations enjoyed parent elections, including, as called for by nancial transaction with any private or non- by the personnel and property of the Govern- the Organization for Security and Coopera- governmental organization or business in ment of Belarus and demand the immediate tion in Europe (OSCE), of which Belarus is a Belarus. departure of such personnel from the United member— SEC. 7. DENYING ENTRY INTO THE UNITED States. (A) respect for human rights; STATES TO BELARUSIAN OFFICIALS. SEC. 13. REPORTS. (B) an end to the current climate of fear; It is the sense of Congress that the Presi- (a) IN GENERAL.—Not later than 90 days (C) opposition and meaningful access to dent should use his authority under section after the date of enactment of this Act, and state media; S11556 CONGRESSIONAL RECORD — SENATE November 7, 2001 (D) modification of the electoral code to tourism across all of northern New I am pleased the four States were make the code more democratic; Mexico. able to come to a unified consensus on (E) engaging in genuine talks with the op- The bill we are introducing today the route for the Ports-to-Plains cor- position; and completes the designation of the route ridor. I ask unanimous consent that a (F) permitting real power for the par- for the Ports-to-Plains High Priority liament. letter from the directors of the four (8) calls upon other governments to refuse Corridor, which runs 1,000 miles from State highway departments to the Fed- to use as diplomatic residences or for any Laredo, Texas, to Denver, CO. I am eral Highway Administration summa- other purpose properties seized by the honored to have my colleague, Senator rizing the four-State consensus rec- Lukashenka regime from the Belarusian po- DOMENICI, as a cosponsor of the bill. ommendation be printed in the RECORD litical opposition; I continue to believe strongly in the at the conclusion of my remarks. (9) calls upon the international commu- importance of highway infrastructure I do believe the consensus rec- nity, including the Government of Russia, to for economic development in my State. ommendation is a good result for all refuse to ratify or accept any treaty signed Even in this age of the new economy four States in the region. Both New by Aleksandr Lukashenka or any other offi- and high-speed digital communica- cial of his government. Mexico and Texas plan to upgrade their tions, roads continue to link our com- (10) commends the democratic opposition portion of the corridor to the full four munities together and to carry the in Belarus for their commitment to freedom, lanes envisioned in the feasibility commercial goods and products our their courage in the face of Lukashenka’s study for the Ports-to-Plains trade cor- brutal repression, and the unity and coopera- citizens need. Safe and efficient high- ridor. Indeed, the State of Texas will tion their various political parties and non- ways are especially important to citi- soon begin construction that will four- governmental organizations demonstrated zens in the rural parts of New Mexico. during the October 2000 parliamentary elec- It is well known that regions with lane its portion of Highway 87 from tions and the October 2001 presidential elec- four-lane highways will more readily Dumas to the New Mexico State line. tions and calls upon the democratic opposi- attract out-of-state visitors and new Meanwhile, Colorado plans to develop tion of Belarus to sustain that unity and co- jobs. Travelers prefer the safety of a it’s portion as a super-two-lane high- operation as part of the effort to bring an way at a cost of $537 million. The esti- end to Lukashenka’s dictatorship. four-lane highway rather than sharing a two-lane road with a large number of mated cost to four-lane New Mexico’s SEC. 15. DEFINITIONS. 81 miles of the corridor between Clay- In this Act: semi tractor-trailer rigs. (1) SENIOR LEADERSHIP OF BELARUS.—The In 1998, Congress identified the Ports- ton and Raton is $185 million. term ‘‘senior leadership of Belarus’’ to-Plains corridor between the border I do believe that once Highway 87 has includes— with Mexico to Denver, CO, as a High been upgraded to four lanes between (A) the President, Prime Minister, Deputy Priority Corridor on the National Dumas and Raton, the route will act as Prime Ministers, government ministers, and Highway System. This designation a magnet for out-of-state visitors to deputy ministers of Belarus; arose in part as a result of the North the year-round tourist attractions (B) the Governor of the National Bank of American Free Trade Agreement. throughout northern New Mexico. Belarus; (C) officials of the Belarus Committee for Under NAFTA, commercial border traf- Tourists in particular will prefer the State Affairs (BKGB), the police, and any fic is already increasing, and the Ports- safety and a convenience of a four-lane other organ of repression; to-Plains corridor was considered to be highway. (D) any official of the Government of centrally situated to serve inter- Congress designated the southern Belarus involved in the suppression of free- national trade and promote economic portion of the Ports-to-Plains corridor dom in Belarus, including judges and pros- development along its entire route. last year. Now the feasibility study has ecutors; Congress had previously designated a been completed and all four States are (E) any official of the Government of parallel route, the Camino Real Cor- in unanimous agreement on the pre- Belarus directly appointed by Aleksandr Lukashenka; and ridor, including Interstate Highway 25 ferred route for the northern portion. (F) officials of the presidential administra- through central New Mexico, as a high The time to act is now. Congress tion. priority corridor; this corridor runs should move quickly to confirm the (2) UNITED STATES.—The term ‘‘United from the Mexican border at El Paso, four-state consensus of the Ports-to- States’’ means the States of the United TX, through Albuquerque and Denver, Plains Trade Corridor by passing our States, the District of Columbia, and any and on to the Canadian border. bill. I look forward to working with the commonwealth, territory, dependency, or Last year, a comprehensive study Chairman of the Environment and Pub- possession of the United States. was undertaken to determine the feasi- lic Works Committee, Senator JEF- (3) UNITED STATES PERSON.—The term bility of creating a second continuous FORDS and the Ranking Member, Sen- ‘‘United States person’’ means any United four-lane highway along the proposed States resident or national (other than an ator SMITH, to confirm the four states’ individual resident outside the United States Ports-to-Plains High Priority corridor. recommendation with this non-con- and employed by other than a United States Alternative highway alignments for troversial, bipartisan legislation. person), any domestic concern (including the trade corridor were developed and Once the route is established, I am any permanent domestic establishment of evaluated. The study was conducted committed to working to help secure any foreign concern) and any foreign sub- under the direction of a steering com- the funding required to complete the sidiary or affiliate (including any permanent mittee consisting of the State depart- four-lane upgrade as soon as possible. I foreign establishment) of any domestic con- ments of transportation in Texas, New cern which is controlled in fact by such do- do believe the four-lane upgrade of Mexico, Oklahoma, and Colorado. The Highway 87 is vital to economic devel- mestic concern, as determined under regula- Ports-to-Plains feasibility study was tions of the President. opment for the communities of Raton completed and a final report circulated and Clayton and throughout all of earlier this year. By Mr. BINGAMAN (for himself northeast New Mexico. With the results of the feasibility and Mr. DOMENICI): I again thank Senator DOMENICI for S. 1646. A bill to identify certain study in hand, representatives of the four State highway departments met cosponsoring the bill, and I hope all routes in the states of Texas, Okla- Senators will join us in support of this homa, Colorado, and New Mexico as on July 30 to reach consensus on the important legislation. part of the Ports-to-Plains Corridor, a preferred designation for the northern I ask unanimous consent that the high priority corridor on the National portion of the Ports-to-Plains corridor Highway System; to the Committee on between Dumas, TX, and Denver, CO. text of the bill and the previously ref- Environmental and Public Works. The four representatives agreed to rec- erenced letter be printed in the Mr. BINGAMAN. Madam President, I ommend designating the route north of RECORD. rise today to introduce legislation that Dumas, TX, along U.S. Highway 287 There being no objection, the mate- will enhance the future economic vital- through Boise City, OK, to Limon, CO, rial was ordered to be printed in the ity of communities in Union and Colfax and then along Interstate 70 to Denver. RECORD, as follows: Counties and throughout all of North- They also recommended including the S. 1646 eastern New Mexico. By improving the route from Dumas, TX, along U.S. Be it enacted by the Senate and House of Rep- transportation infrastructure, I believe Highway 87 through Clayton, NM, to resentatives of the United States of America in this legislation will also help promote Raton in the corridor. Congress assembled, November 7, 2001 CONGRESSIONAL RECORD — SENATE S11557 SECTION 1. IDENTIFICATION OF PORTS-TO- New Mexico Executive World War II, General George C. Mar- PLAINS HIGH PRIORITY CORRIDOR Director, DOT. shall presided over the Barracks and ROUTES. GARY M. RIDLEY, Section 1105(c)(38) of the Intermodal Sur- resided on Officer’s Row. Oklahoma Executive Thanks to the wisdom, respect for face Transportation Efficiency Act of 1991 Director, DOT. (105 Stat. 2032; 114 Stat. 2763A–201) is history, and foresight of numerous in- amended— By Ms. CANTWELL (for herself dividuals including Representative (1) in subparagraph (A), by redesignating and Mrs. MURRAY): Russell Mack, the esteemed chair- clauses (i) through (viii) as subclauses (I) S. 1649. A bill to amend the Omnibus woman of the House Interior Appro- through (VIII), respectively; Parks and Public Lands Management priations Subcommittee, Julia Butler (2) by redesignating subparagraph (A) as Hansen, Congressman Don Bonker, and clause (i); Act of 1996 to increase the authoriza- (3) by striking ‘‘(38) The’’ and inserting tion of appropriations for the Van- Congresswoman Jolene Unsoeld, among ‘‘(38)(A) The’’; couver National Historic Reserve and many others, the tremendous resources (4) in subparagraph (A) (as designated by for the preservation of Vancouver Bar- of the site have been protected for fu- paragraph (3))— racks; to the Committee on Energy and ture generations. (A) in clause (i) (as redesignated by para- Natural Resources. President Truman signed legislation graph (2))— Ms. CANTWELL. Madam President, I in 1948 that first authorized for Fort (i) in subclause (VII) (as redesignated by am introducing legislation today that Vancouver National Monument. The paragraph (1)), by striking ‘‘and’’ at the end; will reauthorize Federal participation act allowed the War Assets Adminis- (ii) in subclause (VIII) (as redesignated by paragraph (1)), by striking the period at the in the historic preservation efforts of tration to transfer surplus property in end and inserting ‘‘; and’’; and one of the most historically significant Vancouver Barracks to the Secretary (iii) by adding at the end the following: sites in the Pacific Northwest, the Fort of the Interior. On June 30, 1954, the ‘‘(IX) United States Route 287 from Dumas Vancouver National Historic Reserve. National Monument was officially es- to the border between the States of Texas The Historic Reserve is rich in cul- tablished and the nearly 60 acres of the and Oklahoma, and also United States Route tural and historic national signifi- Vancouver Barracks were transferred 87 from Dumas to the border between the cance, pre-dating the arrival of Lewis to the National Park Service. Finally, States of Texas and New Mexico.’’; and and Clark through the mid-20th cen- the site was designated as a National (B) by adding at the end the following: tury. For more than 10,000 years, Na- ‘‘(ii) In the State of Oklahoma, the Ports- Historic Site in 1961. to-Plains Corridor shall generally follow tive American groups inhabited the In 1996, the expanded, 366-acre Van- United States Route 287 from the border be- prairies along the Columbia River that couver National Historic Reserve was tween the States of Texas and Oklahoma to include the site of present-day Van- established to protect all of the histori- the border between the States of Oklahoma couver and the historic reserve. cally significant historical areas with- and Colorado. Located on the great American wa- in adjacent to the barracks. The re- ‘‘(iii) In the State of Colorado, the Ports- terway, the Columbia River, the Van- serve includes Fort Vancouver, the to-Plains Corridor shall generally follow— couver National Historic Reserve site Vancouver Barracks, Officers’ Row, ‘‘(I) United States Route 287 from the bor- became the base of Columbia region op- Pearson Field, the Water Resources der between the States of Oklahoma and Col- orado to Limon; and erations for the Hudson’s Bay Trading Education Center, and portions of the ‘‘(II) Interstate Route 70 from Limon to Company in the early 19th century. As Columbia River waterfront. The sites Denver. my colleagues know, Hudson’s Bay was serve as an enormously significant re- ‘‘(iv) In the State of New Mexico, the the powerful British fur trading com- source in Southwest Washington. Ports-to-Plains Corridor shall generally fol- pany that vied for control of the trap- The restoration of the barracks alone low United States Route 87 from the border ping industry in Western lands of the is an enormously important project to between the States of Texas and New Mexico present-day United States, even before stimulate the economic revitalization to Raton.’’; and political control of those lands were es- of Vancouver. Last year, Congress au- (5) by striking ‘‘(B) The corridor designa- thorized the transfer of the 16 buildings tion contained in paragraph (A)’’ and insert- tablished. At its peak, the company ing the following: built an enormous network through that comprise the West Barracks to the ‘‘(B) The corridor designation contained in the region, with Fort Vancouver as the City of Vancouver, and the partners in- subclauses (I) through (VIII) of subparagraph administrative headquarters and sup- volved in this tremendous project have (A)(i)’’. ply depot for the hundreds of employ- devised a Cooperative Management ees at dozens of posts in the region. Plan that identifies $40 million in nec- DEPARTMENT OF TRANSPORTATION Fort Vancouver became a trade cen- essary spending to replace failing in- September 21, 2001. ter for the Western territories, with frastructure and rehabilitate the 16 C.D. REAGAN, goods arriving frequently from Europe Division Administrator, Federal Highway Ad- buildings to the standards established ministration, Austin, TX. and the Hawaiian Islands and large under the National Historic Preserva- DEAR MR. REAGAN: We are pleased to in- quantities of furs and other natural re- tion Act. form you that we have finalized the preferred source products returned to London. The Partner’s Cooperative Manage- designation for the Ports-to-Plains Corridor. The Fort came to serve as a hub for nu- ment Plan for the Historic Reserve This letter confirms the consensus reached merous other developing industries, in- calls for the Barracks to be reused pri- by the states of Colorado, New Mexico, Okla- cluding sawmills, dairies, shipbuilders, marily for historic preservation, edu- homa and Texas on July 30, 2001, whereby the cation, and other forms of public use. northern portion of the Ports-to-Plains Cor- fishers and tanneries. In essence, Fort ridor would be formally designated as routes Vancouver truly served as a historic But the location of the site near the from Dumas, Texas on U.S. 287 to I-70 at foundation for the development of the heart of Vancouver and the potential Limon, Colorado and then to Denver, Colo- entire Pacific Northwest region. for drawing additional economic activ- rado, and U.S. 87 from Dumas, Texas to But this history of the trapping in- ity back to the city make this vitally Raton, New Mexico. dustry is not the only significant as- important for Southwest Washington. We submit these routes formally as rep- pect of this site. The Fort also served The public-private partnership plan resenting the states agreed unified designa- as the Northwest’s military adminis- for the Barracks has also developed a tion for the Ports-to-Plains Corridor north of trative headquarters beginning in 1849. cost-sharing plan between federal, Dumas, Texas and request that you submit our recommendation to the appropriate con- The United States Army continuously state, and private sources to locate the gressional committees. occupied the Vancouver Barracks at necessary funds and perform the ren- Thank you for your strong consideration of the historic reserve site for 150 years. ovation during the next four to six this issue. In the 1920’s, the Army created a small years. While we at the Federal level Sincerely, airfield for the Army Air Corps, which have contributed to the project in re- THOMAS E. NORTON, is now the site of the oldest operating cent years, the State of Washington Colorado Executive Di- airfield in the Nation, Pearson Airfield. and the City of Vancouver have also rector, DOT. MICHAEL W. BEHRENS, In the 1930’s, the Fort was used as a committed significant resources, and Texas Executive Direc- training camp for those participating the Vancouver National Historic Re- tor, DOT. in the Civilian Conservation Corps’ re- serve Trust has initiated aggressive ef- PETE RAHN, forestation program. And, during forts to raise funds quickly. I have S11558 CONGRESSIONAL RECORD — SENATE November 7, 2001 worked this year, and my colleague dential Decision Directive 39 of 1995 system and address the immediate Senator MURRAY has successfully clearly designates the FBI as the over- threats stemming from this uncer- worked this year and in years past, to all lead federal agency for domestic tainty. In proposing this measure, I am obtain those critical federal dollars for terrorism incidents. At the same time, building upon current law by clarifying the project. per last year’s Public Health Threats the role of the CDC when acting during However, I believe that more can and and Emergencies Act, P.L. 106–505, if a public health emergency. Further- should be done to keep this project the Secretary of Health and Human more, my measure is consistent with moving ahead. We must never forget Services determines, after consulting the proposed Kennedy-Frist Bioter- our cultural, political, and economic with the Director of the CDC, that a rorism Preparedness Act and builds on heritage, and our historic resources public health emergency exists, the our work in last year’s Public Health help educate and remind us of those Secretary is authorized to take such Threats and Emergencies Act. We have origins. That is why we have come to- action as may be appropriate to re- already had to endure the consequences gether to introduce this legislation spond to the public health emergency, of the current confusion over the im- that will authorize additional federal including conducting and supporting portant, but distinct, roles of public spending on the project. investigations into the cause, treat- health and law enforcement in respond- I look forward to working with Sen- ment, or prevention of a disease. Fur- ing to terrorist attacks. It is our re- ator MURRAY and others on the Appro- ther, the Federal Response Plan des- sponsibility to act immediately to rec- priations Committee to move this leg- ignates HHS as the primary federal tify this situation in order to assure islation quickly and continuing agency for the medical and public public health, safety, and security. progress on this significant project for health response to emergencies. So it The Public Health Emergencies Ac- the Pacific Northwest and our Nation. seems that, under current law and reg- countability Act changes current law ulation, the FBI is the lead agency in in several ways. First, it redefines By Mr. CLELAND: the event of a terrorist attack, and ‘‘public health emergency’’ to include S. 1650. A bill to amend the Public HHS has significant authority to act in chemical and radiological attacks, in Health Service Act to change provi- the event of a public health emergency. addition to bioterrorism, and to make sions regarding emergencies; to the But if a terrorist attack is also a public suspected as well as proven such at- tacks eligible for emergency designa- Committee on Health, Education, health emergency, as has been the case tion. Second, as under last year’s Pub- Labor, and Pensions. of late, it is not readily evident who is lic Health Threats and Emergencies Mr. CLELAND. Madam President, in charge. Clearly, both the FBI and Act, the Secretary of HHS, acting in the events of the past month have pre- the CDC have essential roles in such a sented the agencies of the Federal Gov- consultation with CDC, is given the au- situation. These roles are distinct but thority to determine the existence of a ernment with a challenge like none we do occasionally overlap, necessitating have ever seen. The anthrax attacks in public health emergency, and to re- a clarification of how precisely the spond to such an emergency by making Florida, New York, New Jersey, and agencies are to coordinate with one an- Washington have placed unprecedented grants and conducting investigations. other in a bioterrorism crisis. My measure provides additional au- demands on both the public health and While the law enforcement and pub- thority for the Secretary and CDC in law enforcement arms of the Federal lic health response to terrorist attacks these cases to take the lead in ‘‘direct- Government. Yet, in spite of the fact are both vital, in the event of a public ing the response of other Federal de- that the men and women of the Federal health emergency, the unique life and partments and agencies’’ and in ‘‘dis- Government have never before encoun- death health ramifications of such an seminating necessary information’’ to tered circumstances like these, I am attack mandate, in my view, that pub- the general public. Third, the time pe- pleased to say that, by and large, their lic health experts take the lead role in riod of the emergency is to be set by response has been exceptional, and I investigating and treating the attack. the Secretary and is not to exceed 180 would like to thank them for their cou- Bioterrorism is a new arena for us all, days, but may be extended by the Sec- rageous efforts. However, as might be including the CDC and in such un- retary after notification of Congress expected, this latest trial has exposed a charted territory nothing we do can and other Federal agencies. number of weaknesses in our bioter- guarantee that no mistakes will be Finally, and most importantly, the rorism response mechanism which we made. However, with adequate funding determination of a public health emer- must now act swiftly to remedy. and armed with their training and ex- gency by the Secretary of HHS, in con- The Federal response to the anthrax pertise, the public health experts of the sultation with CDC, is made the defin- crisis has revealed some uncertainty CDC constitute our best defense ing action in clarifying who should with regard to the precise roles as- against this emerging threat. There- take the lead role in handling a bio- signed to each of the several Federal fore, the measure I am introducing logical, chemical or radiological at- agencies with responsibilities in such today will clarify the role of the CDC tack. Thus, when it is determined that situations and with regard to coordina- and minimize the problems caused by a given situation does not rise to the tion between these agencies and the bureaucratic infighting over agency level of a public health emergency, law dissemination of public information. roles, thereby preventing time from be- enforcement will assume the lead posi- For example, while the CDC took the coming an additional enemy. tion. On the other hand, when the Sec- lead in testing anthrax samples from Law enforcement agencies and the retary of HHS has identified and de- Florida, the anthrax samples found in CDC have equally important, but sepa- clared a public health emergency, pub- New York and Washington were col- rate, roles in the event of a terrorist lic health and the CDC will take the lected by the FBI and sent, not to the attack involving biological, chemical, leading role. In either case, my pro- CDC, but to DoD labs for testing. By or radiological weapons. Such an at- posal mandates that the lead agency sending these samples to different fa- tack allows us absolutely no room for keep all other relevant authorities, in- cilities, not only are we duplicating confusion over these roles, however, as cluding the Congress, fully and cur- services, but, more importantly, we evidenced by the tragic results of the rently informed. If there is one mes- run the risk of critical results not current anthrax attacks. While I am sage that emerges time and time again being expeditiously reviewed by the ap- eagerly awaiting further definition of about shortcomings in the Federal propriate health officials thereby unac- the role of the new Office of Homeland Government’s current response to ter- ceptably increasing the response time Security and I will support giving it rorism, especially bioterrorism, it is in what is quite literally a life and the necessary authority to get the job that the relevant Federal agencies death situation. done, the American people cannot af- don’t talk to each another soon enough I believe the uncertainty that has ford any delay in eliminating existing or completely enough. The Public prevailed as to the proper role of the uncertainties in the federal response to Health Emergencies Accountability CDC in a bioterrorist incident, particu- bioterrorism. Act will put an end to that. larly vis-a-vis law enforcement agen- My Public Health Emergencies Ac- I ask unanimous consent that the cies, is largely due to ambiguity in countability Act is an attempt to text of the bill be printed in the present statutes and regulations. Presi- eliminate the confusion of the current RECORD. November 7, 2001 CONGRESSIONAL RECORD — SENATE S11559 There being no objection, the bill was and the Committee on Appropriations of the Council was able to find solutions to ordered to be printed in the RECORD, as Senate and the Committee on Commerce and problems that had previously seemed follows: the Committee on Appropriations of the unsurmountable. Washington, DC, is House of Representatives a report ripe with opportunity for the same S. 1650 describing— Be it enacted by the Senate and House of Rep- ‘‘(A) the expenditures made from the Pub- kind of consensus building and medi- resentatives of the United States of America in lic Health Emergency Fund in such fiscal ation. We can not only build on the ex- Congress assembled, year; and perience of consensus building in North SEC. 1. SHORT TITLE. ‘‘(B) each public health emergency for Dakota, but similar successes in Mon- This Act may be cited as the ‘‘Public which the expenditures were made and the tana, Florida, Oregon and many other Health Emergencies Accountability Act’’. activities undertaken with respect to each States. SEC. 2. AMENDMENT TO THE PUBLIC HEALTH emergency which was conducted or sup- The United States Consensus Council SERVICE ACT. ported by expenditures from the Fund. would bring people together and then Part B of title III of the Public Health ‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds help to develop recommendations. appropriated under this section shall be used Service Act (42 U.S.C. 243 et seq.) is amended These recommendations would be advi- by striking section 319 and inserting the fol- to supplement and not supplant other Fed- lowing: eral, State, and local public funds provided sory, subject to normal legislative or ‘‘SEC. 319. PUBLIC HEALTH EMERGENCIES. for activities under this section. regulatory processes. The board of di- ‘‘(a) EMERGENCIES.—If the Secretary deter- ‘‘(f) EMERGENCY DECLARATION PERIOD.—A rectors would be appointed by the mines, after consultation with the Director determination by the Secretary under sub- President and the bipartisan Congres- of the Centers for Disease Control and Pre- section (a) that a public health emergency sional leadership. The council would vention and other public health officials as exists shall remain in effect for a time period remain neutral on substantive policy may be necessary, that— specified by the Secretary but not longer matters. ‘‘(1) a disease or disorder presents a public than the 180-day period beginning on the The Council would focus primarily on date of the determination. Such period may health emergency; or issues that Congressional leaders and ‘‘(2) a detected or suspected public health be extended by the Secretary if the Sec- retary determines that such an extension is the White House have agreed are appro- emergency, including significant outbreaks priate. These could be issues that are of infectious diseases or terrorist attacks in- appropriate and notifies the Committee on volving biological, chemical, or radiological Health, Education, Labor, and Pensions of contentious or deadlocked, or they weapons, otherwise exists, the Senate and the Committee on Appropria- could be emerging issues where medi- tions of the Senate and the Committee on the Secretary may take such action as may ation could help to prevent later polar- Commerce of the House of Representatives be appropriate to respond to the public ization. and the Committee on Appropriations of the health emergency, including making grants The Council’s role will be to design House of Representatives.’’. and entering into contracts and, acting and conduct processes that lead to through the Centers for Disease Control and By Mr. DORGAN (for himself, Mr. common ground on effective public pol- Prevention, conducting and supporting in- icy for a particular issue. The Council BROWNBACK, and Mr. CONRAD): vestigations into cause, treatment, or pre- could be called upon to convene key vention of a disease or disorder as described S. 1651. A bill to establish the United States Consensus Council to provide stakeholders in face-to-face meetings in paragraphs (1) and (2), directing the re- over time to build agreements on com- sponse of other Federal departments and for consensus building process in ad- agencies with respect to the safety of the dressing national public policy issues, plex issues. The legislation authorizes $5 million general public and Federal employees and fa- and for other purposes; to the Com- for the first year and would also allow cilities, and disseminating necessary infor- mittee on Governmental Affairs. mation to assist States, localities, and the Mr. DORGAN. Madam President, private contributions to the Council. general public in responding to a disease or today I am introducing legislation that The Council would not be a part of the disorder as described in paragraphs (1) and would create the United States Con- Federal Government and its employees (2). would not be considered Federal work- ‘‘(b) DETERMINATION.—A determination of sensus Council. This council would be a non-profit, quasi-governmental entity ers. an emergency by the Secretary under sub- I have long been a supporter of build- that would serve both the legislative section (a) shall supersede all other provi- ing consensus and finding ways to sions of law with respect to actions and re- and executive branches of government. reach compromise. I believe that this sponsibilities of the Federal Government, Its role would be to build agreements legislation could help the Congress and but in all such cases the Secretary shall keep among stakeholders primarily on legis- the administration to find that middle the relevant Federal departments and agen- lative issues where there are diverse cies, including but not limited to the Depart- ground. There are so many important and conflicting views and bring these ment of Justice, the Federal Bureau of Inves- issues that get deadlocked in Wash- agreements back to Congress or other tigation, the Office of Homeland Security, ington, and this approach will help to decision-makers for action. and the committees of Congress listed in break that logjam. Recent weeks have Leaders from the Administration and subsection (f), fully and currently informed. shown that it can be done. I hope that ‘‘(c) FULL DISCLOSURE.—In cases involving, the Congress have worked together in this bill will allow it to happen more or potentially involving, a public health recent weeks to respond to the ter- often. I look forward to working with emergency, but where no determination of rorist attacks against our country. my colleagues on both sides of the aisle an emergency by the Secretary, under the This has shown the benefit of working provisions of subsection (a), has been made, to move this bill through the process. across party lines to develop consensus all relevant Federal departments and agen- I ask unanimous consent that the on a variety of policy issues. At a time cies, including but not limited to the Depart- text of this bill be printed in the when the Nation is unified and focused ment of Justice, the Federal Bureau of Inves- RECORD. tigation, the Office of Homeland Security, on these unprecedented challenges, the There being no objection, the bill was shall keep the Secretary and the Centers for Consensus Council can help institu- ordered to be printed in the RECORD, as Disease Control and Prevention and the com- tionalize this spirit of comity. The mittees of Congress listed in subsection (f), follows: Council can provide ongoing support to S. 1651 fully and currently informed. Congress by bringing stakeholders to ‘‘(d) PUBLIC HEALTH EMERGENCY FUND.— Be it enacted by the Senate and House of Rep- the table to resolve a wide range of dif- ‘‘(1) IN GENERAL.—There is established in resentatives of the United States of America in the Treasury a fund to be designated as the ficult national issues. Congress assembled, ‘‘Public Health Emergency Fund’’ to be The North Dakota Consensus Council SECTION 1. SHORT TITLE. made available to the Secretary without fis- in my home State serves as a model for This Act may be cited as the ‘‘United cal year limitation to carry out subsection this national proposal. In North Da- States Consensus Council Act of 2001’’. (a) only if a public health emergency has kota, the Consensus Council has helped SEC. 2. FINDINGS AND PURPOSE. been declared by the Secretary under such to find common ground on the use of (a) FINDINGS.—Congress finds that— subsection. There is authorized to be appro- grasslands in the western part of the (1) throughout the Nation there is increas- priated to the Fund such sums as may be State, the structure of judgeships ing success in the use of collaborative and necessary. consensus-building approaches to address ‘‘(2) REPORT.—Not later than 90 days after across the State, and flood mitigation critical public policy issues at the national, the end of each fiscal year, the Secretary efforts in the Red River Valley. By State, and local levels; shall prepare and submit to the Committee bringing together all of the interested (2) there is a need for a national Council on Health, Education, Labor, and Pensions parties, the North Dakota Consensus that can promote and conduct consensus- S11560 CONGRESSIONAL RECORD — SENATE November 7, 2001

building processes that primarily address States Consensus Council Foundation’’ and (c) GENERAL AUTHORITY.—The Council may legislative policy issues of national impor- the use of any official United States Con- do any and all lawful acts necessary or desir- tance; sensus Council emblem, badge, seal, and able to carry out the objectives and purposes (3) such a Council may enroll specific other mark of recognition or any colorable of this Act. stakeholders, both public and private, to simulation thereof. (d) GUIDELINES FOR COUNCIL OPERATIONS.— build agreements that ultimately may be (2) UNITED STATES REFERENCES.—The Coun- As necessary, the Council shall develop implemented by Congress, Federal agencies, cil may use ‘‘United States’’ or ‘‘U.S.’’ or guidelines, through its bylaws or otherwise, or other policymaking bodies; any other reference to the United States to address— (4) such a Council will strive to create pub- Government or Nation in its title or in its (1) policies relating to personal service lic policy agreements that integrate dif- corporate seal, emblem, badge, or other contracts; fering perspectives into highest common de- mark of recognition or colorable simulation (2) standards to ensure that the Council, nominator solutions; thereof in any fiscal year only if there is an its Directors, employees, and agents, avoid (5) the establishment of such a Council is authorization of appropriations, or appro- conflicts of interest that may arise; an appropriate investment by the people of priations, for the Council for such fiscal year (3) fundraising policies, donor development this Nation in a capacity that works in co- provided by law. programs, and matters related to the accept- operation with Congress, the executive SEC. 5. POWERS AND DUTIES. ance of private donations; branch, and others and complements current (a) DISTRICT OF COLUMBIA NONPROFIT-COR- (4) the duties and responsibilities of the public policymaking processes on selected PORATE POWERS.—The Council may exercise Council, its Board, officers, employees, and issues; the powers conferred upon a nonprofit cor- agents; and (6) the existence of such a Council could poration by the District of Columbia Non- (5) the establishment of advisory commit- contribute especially to resolving differences profit Corporation Act (D.C. Code, sec. 29–301 tees, councils, or other bodies, as the effi- on contentious policy issues, preventing po- et seq.) consistent with this Act. cient administration of the business and pur- (b) DESCRIPTION OF SPECIFIC ACTIVITIES.— larization on emerging policy issues and ad- poses of the Council may require. (1) IN GENERAL.—Acting through the Board, dressing issues of complexity that involve (e) ADMINISTRATIVE SERVICES FROM GEN- multiple parties and perspectives; the Council may— (A) promote and advance programs based ERAL SERVICES ADMINISTRATION.—The Coun- (7) the establishment of such a Council cil may obtain administrative support serv- may contribute significantly to a renewed on consensus building as a complement to the current deliberative processes employed ices from the Administrator of General Serv- sense of civility and respect for differences, ices and use all sources of supply and serv- while at the same time promoting vigorous by Congress and the executive branch; (B) enter into formal and informal rela- ices of the General Services Administration interchange and open communications tionships with other institutions, public and on a reimbursable basis. among those with differing points of view; private, for purposes not inconsistent with and SEC. 6. BOARD OF DIRECTORS. this Act; (8) the Council may become a repository of (a) VESTED POWERS.—The powers of the (C) receive referrals from Congress, the wisdom and experience on public policy col- Council shall be vested in a Board of Direc- President, executive departments, agencies, laboration and consensus-building that can tors unless otherwise specified in this Act. private groups, or organizations that request be shared with public and private sector pol- the Council’s expertise in building a con- (b) APPOINTMENTS.—The Board of Directors icymakers and the public in the interest of sensus on a particular public policy issue; shall consist of 16 voting members as follows: promoting more effective public policy and (D) coordinate with, make referrals to and (1) Eight individuals, including private the increased use of collaborative processes. receive referrals from, other consensus- citizens, State or local employees, or officers (b) PURPOSE.—The purpose of this Act is to building instrumentalities of the United or employees of the United States, appointed establish an independent, nonprofit, national States, including the United States Institute by the President, except that no more than 4 Council to serve the people and the Govern- for Environmental Conflict Resolution or the of such individuals may share the same po- ment by constructing an adjunct to the ex- Federal Mediation and Conciliation Service; litical party affiliation. isting legislative and regulatory process that and (2) Two individuals, including private citi- seeks to produce consensus on Federal policy (E) develop and apply assessment plans for zens, State or local employees, Senators, or issues through collaborative processes open the purpose of reviewing such referrals. officers or employees of the United States, to key stakeholders. (2) CONSENSUS-BUILDING PROCESS.—Acting appointed by the Majority Leader of the Sen- SEC. 3. DEFINITIONS. through the Board, the Council may, for ate. In this Act, the term— each consensus-building process— (3) Two individuals, including private citi- (1) ‘‘Board’’ means the Board of Directors (A) consider such factors as issue com- zens, State or local employees, Senators, or of the Council; plexity, cost, ripeness, likelihood of partici- officers or employees of the United States (2) ‘‘Council’’ means the United States pation by key stakeholders, and any other appointed by the Minority Leader of the Sen- Consensus Council established under this relevant indices that may assist the Council ate. Act; and in determining whether to accept a referral; (4) Two individuals, including private citi- (3) ‘‘Director’’ means an individual ap- (B) identify any appropriate facilitator for zens, State or local employees, Members of pointed to the Board of Directors of the the negotiation process; the House of Representatives, or officers or Council. (C) identify the key stakeholders involved employees of the United States appointed by SEC. 4. UNITED STATES CONSENSUS COUNCIL. or interested in the outcome of a particular the Speaker of the House of Representatives. (a) ESTABLISHMENT.—There is established issue, including those individuals who have (5) Two individuals, including private citi- the United States Consensus Council. the authority to implement the Council’s zens, State or local employees, Members of (b) STATUS; RESTRICTIONS.—The Council is recommendations; the House of Representatives, or officers or an independent nonprofit corporation and (D) develop and publish a common set of employees of the United States appointed by shall be treated as an organization described facts to inform and assist consensus-building the Minority Leader of the House of Rep- under 170(c)(2)(B) of the Internal Revenue processes; resentatives. Code of 1986. The Council does not have the (E) establish ground rules, including mat- (c) TERM OF OFFICE: COMMENCEMENT AND power to issue any shares of stock or to de- ters related to confidentiality, representa- TERMINATION, INTERIM AND REMAINDER SERV- clare or pay any dividends. The Council is tion of counsel, and ex parte communica- ICE, LIMITATION.— not an agency or instrumentality of the tions; (1) TERM OF OFFICE.—Directors appointed United States. (F) work to promote consensus among the under subsection (b) of this section shall be (c) ESTABLISHMENT OF OR AFFILIATION WITH stakeholders by methods such as negotia- appointed to 4-year terms, with no Director A UNITED STATES CONSENSUS COUNCIL FOUN- tion, discussion, meetings, and any other serving more than 2 consecutive terms ex- DATION.—As determined by the Board, the process of dispute resolution; cept that— Council may establish or affiliate with a (G) build and construct agreements among (A) as designated by the President, the nonprofit legal entity which is capable of re- stakeholders; terms of 4 of the Directors initially ap- ceiving, holding, expending, and investing (H) draft, present, and submit rec- pointed under subsection (b)(1) shall be 2 public or private funds for purposes in fur- ommendations to the legislative, executive, years, subject to appointment to no more therance of the Council under this Act. Such or judicial body with oversight of the par- than 2 additional 4-year terms in the manner legal entity may be designated as the ticular issue; and set forth in this section; ‘‘United States Consensus Council Founda- (I) provide training and technical assist- (B) as designated by the Speaker of the tion’’. ance in response to the request of a depart- House of Representatives, the terms of the 2 (d) TRADE NAME AND TRADEMARK RIGHTS; ment, agency, or instrumentality of the Gov- Directors initially appointed under sub- VESTED RIGHTS PROTECTED; CONDITION FOR ernment to investigate, examine, study, and section (b)(4) shall be 2 years, subject to ap- USE OF FEDERAL IDENTITY.— report on any issue within the Council’s pointment to no more than 2 additional 4- (1) IN GENERAL.—The Council has the sole competence. year terms in the manner set forth in this and exclusive right to use and to allow or (3) OTHER ACTIVITIES.—The Council also section; and refuse others the use of the terms ‘‘United may engage in any other activity consistent (C) as designated by the Minority Leader of States Consensus Council’’ and ‘‘United with its mission. the House of Representatives, the terms of November 7, 2001 CONGRESSIONAL RECORD — SENATE S11561 the 2 Directors initially appointed under sub- the department, agency, or congressional the President and to each House of Congress section (b)(5) shall be 2 years, subject to ap- staff of such officer or employee. not later than 6 months following the close pointment to no more than 2 additional 4- (3) PERSONNEL.—The President of the of the fiscal year for which the audit is year terms in the manner set forth in this Council, with the approval of the Board, may made. The report shall set forth such state- section. appoint and fix the compensation of such ad- ments of the Council’s activities for the (2) INTERIM SERVICE.—Any Director ap- ditional personnel as determined necessary. prior year. The report shall be made avail- pointed to the Board may continue to serve The President and employees of the Council able to the public. until his or her successor is appointed. shall not be employees of the United States. SEC. 9. FUNDING. (3) REMAINDER SERVICE.—Any Director ap- (4) COMPENSATION FOR SERVICES OR EX- (a) AUTHORIZATION OF APPROPRIATIONS.— pointed to the Board to replace a Director PENSES; PROHIBITION ON LOANS TO COUNCIL DI- (1) IN GENERAL.—For the purpose of car- whose term has not expired shall be ap- RECTORS AND PERSONNEL.— rying out this Act, there are authorized to be pointed to serve the remainder of that term. (A) IN GENERAL.—No part of the financial appropriated $5,000,000 for fiscal year 2002 (4) PRESIDENT OF COUNCIL.—The President resources, income, or assets of the Council or and such sums as may be necessary for suc- of the Council shall serve as a nonvoting Di- of any legal entity created by the Council ceeding fiscal years. rector of the Board. shall inure to any agent, employee, officer, (2) AVAILABILITY.—Funds appropriated (d) QUALIFICATIONS.—A demonstrated in- or Director or be distributable to any such under the authority of paragraph (1) shall re- terest in the mission of the Council or exper- person during the life of the corporation or main available until expended. tise in consensus building may be considered upon dissolution or final liquidation. Noth- (b) TRANSFER OF UNOBLIGATED FUNDS; RE- in appointments made under this section. ing in this section may be construed to pre- PORTS OF USE OF FUNDS TO CONGRESS AND (e) REMOVAL FROM OFFICE.—A Director vent the payment of reasonable compensa- PRESIDENT.—The Board may transfer to the may be removed by a process to be deter- tion for services or expenses to the Direc- legal entity authorized to be established mined by the Council’s bylaws. tors, officers, employees, and agents of the under section 4(c) any funds not obligated or (f) MEETINGS; NOTICE IN FEDERAL REG- Council in amounts approved in accordance expended from appropriations to the Council ISTER.—Meetings of the Board shall be con- with this Act. for a fiscal year, and such funds shall remain ducted pursuant to the Council’s bylaws, ex- (B) LOANS.—The Council shall not make available for obligation or expenditure for cept as provided in the following: loans to its Directors, officers, employees, or the purposes of such legal entity without re- (1) MEETINGS; QUORUM.—The Board shall agents. gard to fiscal year limitations. Any use by meet at least semiannually. A majority of SEC. 8. PROCEDURES AND RECORDS. such legal entity of appropriated funds shall the Directors in office shall constitute a (a) MONITORING AND EVALUATION OF PRO- be reported to each House of Congress and to quorum for any Board meeting. GRAMS.—The Council shall monitor and the President. (2) OPEN MEETINGS.—All official governing evaluate and provide for independent evalua- SEC. 10. DISSOLUTION OR LIQUIDATION. meetings of the Board shall be open to public tion if necessary of programs supported in Upon dissolution or final liquidation of the observation and shall be preceded by reason- whole or in part under this Act to ensure Council, all income and assets appropriated able public notice. Notice in the Federal that the provisions of this Act and the by- by the United States to the Council, but not Register shall be deemed to be reasonable laws, rules, regulations, and guidelines pro- any other funds, shall revert to the United public notice for purposes of the preceding mulgated under this Act are adhered to. States Treasury. sentence. In exceptional circumstances, the (b) ACCOUNTS OF RECEIPTS AND DISBURSE- Board may close those portions of a meeting, MENTS; FINANCIAL REPORTS.—The Council By Mr. SANTORUM (for himself upon a majority vote of Directors present shall keep correct and complete books and and Mr. MCCAIN); and with the vote taken in public session, records of accounts, including separate and S. 1652. A bill to amend the Agricul- which are likely to disclose information or distinct accounts of receipts and disburse- tural Market Transition Act to convert that may adversely affect any ongoing pro- ments of Federal funds. The Council’s annual the price support program for sugar- ceeding or activity or to disclose informa- financial report shall identify the use of such tion or matters exempted from public disclo- cane and sugar beets into a system of funding and shall present a clear description solely recourse loans and to provide for sure under subsection (c) of section 552b of of the full financial situation of the Council. title 5. (c) MINUTES OF PROCEEDINGS.—The Council the gradual elimination of the pro- (g) COMPENSATION.—Directors shall be com- shall keep minutes of the proceedings of its gram; to the Committee on Agri- pensated at a rate not to exceed the daily Board and of any committees having author- culture, Nutrition, and Forestry. equivalent of the rate payable for a position ity under the Board. Mr. SANTORUM. Madam President, I at level IV of the Executive Schedule under (d) RECORD AND INSPECTION OF REQUIRED rise today to introduce the Sugar Pro- section 5315 of title 5, United States Code, for ITEMS.— gram Reform Act. This bill is a con- each day during which they are engaged in (1) IN GENERAL.—The Council shall keep a the performance of the duties of the Council. tinuation of my ongoing efforts to record of— bring needed reform to Federal agri- The Directors shall not be employees of the (A) the names and addresses of its Direc- United States. tors, copies of this Act, and any other Act re- culture programs that have perpet- (h) TRAVEL EXPENSES.—While away from lating to the Council; uated Federal control over prices and home or regular place of business in the per- (B) all Council bylaws, rules, regulations, production. formance of duties for the Board, a Director and guidelines; While the 1996 farm bill modernized may receive reasonable travel, subsistence, (C) required minutes of proceedings; Federal agriculture policy for some and other necessary expenses. (D) all applications and proposals and commodities, the sugar program, how- SEC. 7. OFFICERS AND EMPLOYEES. issued or received contracts and grants; and ever, only realized minor reforms. As a (a) APPOINTMENT, COMPENSATION, AND STA- (E) financial records of the Council. result, trade opportunities for other TUS OF PRESIDENT OF COUNCIL AND OTHER OF- (2) INSPECTION.—All items required by this agriculture producers have been ham- FICERS.—There shall be a President who shall subsection may be inspected by any Director be appointed by the Board. The President or any agent or attorney of a Director for pered, and Americans have been twice shall be the chief executive officer of the any proper purpose at any reasonable time. affected, both as consumers and tax- Council and shall carry out or cause to be (e) AUDITS.—The accounts of the Council payers. carried out the functions of the Council sub- shall be audited annually in accordance with A GAO report released in June 2000, ject to the supervision and direction of the generally accepted auditing standards by presents information suggesting the Board. independent certified public accountants or Federal sugar program is not serving (1) COMPENSATION OF PRESIDENT OF THE independent licensed public accountants, consumers and taxpayers well. That re- COUNCIL.—The President of the Council shall certified or licensed by a regulatory author- port, an update to a 1993 report on the be compensated at an annual rate of pay not ity of a State or other political subdivision to exceed the rate payable for a position at of the United States. The audit shall be con- same matter, estimated that the sugar level II of the Executive Schedule under sec- ducted at the place or places where the ac- program resulted in net losses to the tion 5313 of title 5, United States Code. counts of the Council are normally kept. All U.S. economy of about $700 million in (2) ASSIGNMENT OF FEDERAL OFFICERS OR books, accounts, financial records, files, and 1996, and about $900 million in 1998. EMPLOYEES TO THE COUNCIL.—The Council other papers, things, and property belonging Moreover, it found that the primary may request the assignment of any Federal to or in use by the Council and necessary to beneficiaries of the sugar program’s officer or employee to the Council by an ap- facilitate the audit shall be made available higher prices are domestic sugar beet propriate executive department, agency, or to the person or persons conducting the and cane producers who were estimated congressional official or Member of Congress audit, and full facilities for verifying trans- and may enter into an agreement for such actions with the balances or securities held to receive benefits of about $800 million assignment, if the affected officer or em- by depositories, fiscal agents, and custodians in 1996 and nearly $1 billion in 1998. ployee agrees to such assignment and such shall be afforded to such person or persons. In terms of trade opportunities, the assignment causes no prejudice to the sal- (f) REPORT TO CONGRESS; COPIES FOR PUB- sugar program harms other agricul- ary, benefits, status, or advancement within LIC.—The Council shall provide a report to tural producers by slowing efforts to S11562 CONGRESSIONAL RECORD — SENATE November 7, 2001 open foreign markets for American (1) in paragraph (1), by inserting ‘‘only’’ Transition Act (7 U.S.C. 7272), plus inter- farm products. As long as the United after ‘‘this section’’; and est.’’. States uses restrictive sugar import (2) by striking paragraph (2) and inserting f quotas to stiffle trade, these counties the following: ‘‘(2) NATIONAL LOAN RATES.—Recourse AMENDMENTS SUBMITTED AND have a ready excuse not to drop their loans under this section shall be made avail- PROPOSED own trade barriers. able at all locations nationally at the rates SA 2109. Ms. LANDRIEU (for herself and The Sugar Program Reform Act, specified in this section, without adjustment Mr. DEWINE) proposed an amendment to the which I am pleased to introduce with to provide regional differentials.’’. bill H.R. 2944, making appropriations for the (c) CONVERSION TO PRIVATE SECTOR FINANC- Senate MCCAIN, will finally bring government of the District of Columbia and major change to the sugar program. It ING.—Section 156 of the Agricultural Market Transition Act (7 U.S.C. 7272) is amended— other activities chargeable in whole or in will accomplish that goal by: reducing (1) by redesignating subsection (i) as sub- part against the revenues of said District for support prices and ending them after section (j); the fiscal year ending September 30, 2002, and 2004; requiring that loans be repaid (2) by inserting after subsection (h) the fol- for other purposes. ending sugar processors’ ability to turn lowing: SA 2110. Mrs. HUTCHISON (for herself and over surplus sugar to the government ‘‘(i) CONVERSION TO PRIVATE SECTOR FI- Mr. SESSIONS) proposed an amendment to the NANCING.—Notwithstanding any other provi- bill H.R. 2944, supra. instead of repaying the amounts they SA 2111. Mr. DURBIN (for himself and Mrs. have borrowed; and assuring adequate sion of law— ‘‘(1) no processor of any of the 2005 or sub- BOXER) proposed an amendment to the bill supplies, requiring that import quotas sequent crops of sugarcane or sugar beets H.R. 2944, supra. be administered to maintain prices at shall be eligible for a loan under this section SA 2112. Mr. DORGAN proposed an amend- no more than the price support level with respect to the crops; and ment to the bill H.R. 2944, supra. established by Congress. ‘‘(2) the Secretary may not make price sup- SA 2113. Ms. LANDRIEU (for herself and When the Senate considers legisla- port available, whether in the form of loans, Mr. DEWINE) proposed an amendment to the tion to reauthorize farm programs, I payments, purchases, or other operations, bill H.R. 2944, supra. look forward to a spirited debate on for any of the 2005 and subsequent crops of f sugar beets and sugarcane by using the funds the necessity of reforming policies that of the Commodity Credit Corporation or TEXT OF AMENDMENTS have not served the best interests of other funds available to the Secretary.’’; and SA 2109. Ms. LANDRIEU (for herself, taxpayers or the agricultural commu- (3) in subsection (j) (as redesignated by and Mr. DEWINE) proposed an amend- nity at large. paragraph (1))— ment to the bill H.R. 2944, making ap- I ask unanimous consent that the (A) by striking ‘‘subsection (f)’’ and insert- propriations for the government of the text of the bill be printed in the ing ‘‘subsections (f) and (i)’’; and District of Columbia and other activi- RECORD. (B) by striking ‘‘2002’’ and inserting ‘‘2004’’. ties chargeable in whole or in part There being no objection, the bill was (d) TERMINATION OF MARKETING QUOTAS AND ALLOTMENTS.— against the revenues of said District ordered to be printed in the RECORD, as (1) TERMINATION.—Part VII of subtitle B of for the fiscal year ending September 30, follows: title III of the Agricultural Adjustment Act 2002, and for other purposes; as follows: S. 1652 of 1938 (7 U.S.C. 1359aa et seq.) is repealed. On page 6, line 25, insert the following Be it enacted by the Senate and House of Rep- (2) CONFORMING AMENDMENT.—Section after ‘‘inserting ‘‘1,100’’.’’: resentatives of the United States of America in 344(f)(2) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1344(f)(2)) is amended by Section 16(d) of the Victims of Violent Congress assembled, Crime Compensation Act of 1996 (sec. 4– SECTION 1. SHORT TITLE. striking ‘‘sugar cane for sugar, sugar beets for sugar,’’. 515(d), D.C. Official Code), as amended by This Act may be cited as the ‘‘Sugar Pro- section 403 of the Miscellaneous Appropria- gram Reform Act’’. (e) OTHER CONFORMING AMENDMENTS.— (1) PRICE SUPPORT FOR NONBASIC AGRICUL- tions Act, 2001 (as enacted into law by sec- SEC. 2. RECOURSE LOANS FOR PROCESSORS OF TURAL COMMODITIES.— tion 1(a)(4) of the Consolidated Appropria- SUGARCANE AND SUGAR BEETS AND tions Act, 2001), is amended— REDUCTION IN LOAN RATES. (A) DESIGNATED NONBASIC AGRICULTURAL COMMODITIES.—Section 201(a) of the Agricul- (1) by striking ‘‘in excess of $250,000’’; and (a) GRADUAL REDUCTION IN LOAN RATES.— (2) by striking ‘‘and approved by’’ and all (1) SUGARCANE PROCESSOR LOANS.—Section tural Act of 1949 (7 U.S.C. 1446(a)) is amended by striking ‘‘milk, sugar beets, and sugar- that follows and inserting a period. 156(a) of the Agricultural Market Transition (b) The amendments made by subsection Act (7 U.S.C. 7272(a)) is amended by striking cane’’ and inserting ‘‘and milk’’. (B) OTHER NONBASIC AGRICULTURAL COM- (a) shall take effect as if included in the en- ‘‘equal to 18 cents per pound for raw cane actment of section 403 of the Miscellaneous sugar.’’ and inserting the following: ‘‘, per MODITIES.—Section 301 of the Agricultural Act of 1949 (7 U.S.C. 1447) is amended by in- Appropriations Act, 2001. pound for raw cane sugar, equal to the fol- On page 12, line 7, after ‘‘Agency,’’ insert lowing: serting ‘‘(other than sugarcane and sugar beets)’’ after ‘‘title II’’. the following: ‘‘the Governor of the State of ‘‘(1) In the case of raw cane sugar processed (2) POWERS OF COMMODITY CREDIT CORPORA- Maryland and the Governor of the Common- from the 1996 through 2000 crops, $0.18. TION.—Section 5(a) of the Commodity Credit wealth of Virginia, the county executives of ‘‘(2) In the case of raw cane sugar processed Corporation Charter Act (15 U.S.C. 714c(a)) is contiguous counties of the region’’. from the 2001 crop, $0.17. amended by inserting ‘‘(except for the 2005 Page 12, line 7, after ‘‘and’’ and before ‘‘(3) In the case of raw cane sugar processed and subsequent crops of sugarcane and sugar ‘‘state’’ insert the following: ‘‘the respec- from the 2002 crop, $0.16. beets)’’ after ‘‘agricultural commodities’’. tive’’. ‘‘(4) In the case of raw cane sugar processed (3) SECTION 32 ACTIVITIES.—Section 32 of the Page 12, line 8, after ‘‘emergency’’ and be- from the 2003 crop, $0.15. Act of August 24, 1935 (7 U.S.C. 612c), is fore ‘‘plan’’ insert: ‘‘operations’’. ‘‘(5) In the case of raw cane sugar processed amended in the second sentence of the first Page 13, line 14, strike ‘‘$500,000’’ and in- from the 2004 crop, $0.14.’’. paragraph by inserting ‘‘(other than sugar- sert: ‘‘$250,000’’. (2) SUGAR BEET PROCESSOR LOANS.—Section cane and sugar beets)’’ after ‘‘commodity’’ Page 13, line 15, strike ‘‘McKinley Tech- 156(b) of the Agricultural Market Transition the last place it appears. nical High School’’ and insert the following: Act (7 U.S.C. 7272(b)) is amended by striking (f) ASSURANCE OF ADEQUATE SUPPLIES OF ‘‘Southeastern University’’. ‘‘equal to 22.9 cents per pound for refined SUGAR.—Section 902 of the Food Security Page 13, line 16, strike ‘‘Southeastern Uni- beet sugar.’’ and inserting the following: ‘‘, Act of 1985 (7 U.S.C. 1446g note; Public Law versity’’ and insert the following: ‘‘McKinley per pound of refined beet sugar, that 99–198) is amended by striking subsection (a) Technical High School.’’. reflects— and inserting the following: Page 13, line 14, insert after ‘‘students;’’: ‘‘(1) an amount that bears the same rela- ‘‘(a) IN GENERAL.—Beginning with the ‘‘$250,000 for Lightspan, Inc. to implement tion to the loan rate in effect under sub- quota year for sugar imports that begins the eduTest.com program in the District of section (a) for a crop as the weighted average after the 2000/2001 quota year, the President Columbia Public Schools;’’. of producer returns for sugar beets bears to shall use all authorities available to the Page 16, line 3, strike ‘‘U.S. Soccer Foun- the weighted average of producer returns for President as may be necessary to enable the dation, to be used’’ and insert: ‘‘Washington, sugarcane, expressed on a cents per pound Secretary of Agriculture to ensure that ade- D.C. Sports and Entertainment Commission basis for refined beet sugar and raw cane quate supplies of raw cane sugar are made which in coordination with the U.S. Soccer sugar, for the most recent 5-year period for available to the United States market at Foundation, shall use the funds’’. which data are available; and prices that are not greater than the higher Page 17, line 18, insert after ‘‘families’’ the ‘‘(2) an amount that covers sugar beet of— following: ‘‘and children without parents, processor fixed marketing expenses.’’. ‘‘(1) the world sugar price (adjusted to a de- due to the September 11, 2001 terrorist at- (b) CONVERSION TO RECOURSE LOANS.—Sec- livered basis); or tacks on the District of Columbia,’’. tion 156(e) of the Agricultural Market Tran- ‘‘(2) the raw cane sugar loan rate in effect Page 18, line 8, after ‘‘Provided,’’ and before sition Act (7 U.S.C. 7272(e)) is amended— under section 156 of the Agricultural Market ‘‘That’’ insert the following: ‘‘That funds