21930 CONGRESSIONAL RECORD—SENATE November 7, 2001 (ii) can or is required to be directly col- ing 0.4 percent in the third quarter—a key criteria for stimulus proposals: lected by retail sellers from purchasers of one-third decline in spending this sea- they should take effect quickly, pro- such property, son could be detrimental. mote new spending or investment that (B) a use tax, or Clearly, we need to take action to re- otherwise would not occur, and do no (C) the Illinois Retailers’ Occupation Tax, as defined under the law of the State of Illi- store this confidence in the economy, long-term damage.’’ nois, and tell consumers that ‘‘Help is on the Our plan fits the bill and makes per- but excludes any tax payable with respect to way.’’ As Lynn Franco, director of The fect sense—and will pay off for con- food and beverages sold for immediate con- Conference Board Consumer Research sumers with more dollars and cents in sumption on the premises, beverages con- Center said recently, ‘‘Widespread lay- their pockets. What better signal of taining alcohol, and tobacco products. offs and rising unemployment do not holiday cheer and confidence than to (4) SALES TAX HOLIDAY PERIOD.—The term signal a rebound in confidence anytime include a savings on every purchase, ‘‘sales tax holiday period’’ means the period soon. With the holiday season quickly enticing consumers back into the beginning after November 22, 2001, and end- stores and giving a much-needed boost ing before December 3, 2001. approaching, there is little positive stimuli on the horizon.’’ to our economy? (5) SECRETARY.—The term ‘‘Secretary’’ As we approach this holiday season, means the Secretary of the Treasury. Indeed, the signs are ominous. Ac- (6) STATE.—The term ‘‘State’’ means any of cording to the National Governors As- rather than being ‘‘a day late and a the several States, the District of Columbia, sociation, dollar Christmas sales may dollar short’’ in helping consumers and or the Commonwealth of Puerto Rico. actually fall below last year—which stimulating the economy, we should (7) USE TAX.—The term ‘‘use tax’’ means a would be the first decline since Christ- pass this legislation and give America tax imposed on the storage, use, or other mas of 1953, in the wake of the Korean the gift of an immediate boost to our consumption of tangible property that is not War. economic strength and well-being. subject to sales tax. Our Sales Tax Holiday Act of 2001 I thank the Chair. Ms. SNOWE. Madam President, I rise will provide that positive stimuli at a By Mr. CAMPBELL: today with Senator MURRAY and our critical time when consumers need the other colleagues to introduce the Sales S. 1644. A bill to further the protec- help most. Holiday sales make up one- tion and recognition of veterans’ me- Tax Holiday Act of 2001. fifth, 22.8 percent, of annual consumer Since last Wednesday, when Senators morials, and for other purposes; to the spending, so we will target our bill di- MURRAY, LIEBERMAN and I first pub- Committee on Veterans’ Affairs. rectly toward these sales. States that lically raised the idea of a national f opt to participate by rolling back their sales tax holiday, this exciting and in- sales tax will be ‘‘held harmless’’ for PROTECTING THE SITES HON- novative concept has truly taken root. their decisions, with reimbursement ORING THOSE WHO PROTECT US Indeed, the idea of a sales tax holiday made by the Federal Government for has been supported by economists and Mr. CAMPBELL. Madam President, editorial writers alike and from all lost sales tax revenue. This revenue today, 4 days before Veterans Day, I in- across the political spectrum—from will be replaced on a timely basis so troduce legislation that would recog- Alan Blinder, former Vice Chairman of that States’ cash flows are not af- nize and protect the sanctity of vet- the Federal Reserve Bank to Grover fected, with States opting to be reim- erans’ memorials. Currently, there is Norquist, President of Americans for bursed for lost revenue based on a for- no comprehensive Federal law to pro- Tax Reform. So we are talking about a mula which is based on historical De- tect veterans’ memorials, which is why bipartisan bill with support as wide as cember sales tax revenue, or opting to I am introducing the Veterans’ Memo- it is deep. receive dollar for dollar reimbursement rial Preservation and Recognition Act And one thing everyone agrees on is based on actual sales. States will have of 2001. that our National Sales Tax Holiday to choose which method of reimburse- My bill would prohibit the desecra- legislation offers the ultimate eco- ment they would like to receive prior tion of veterans’ memorials, provide nomic stimulus, literally feeding Fed- to implementation of the sales tax hol- for repairs of veterans memorials and eral stimulus dollars directly into the iday. permit guide signs to veterans’ ceme- economy. We believe that this direct Forty-five States, and the District of teries on Federal-aid highways. approach is perhaps the most imme- Columbia will be eligible to participate Under this legislation, someone who diate, fair, and responsible approach in our plan, with an estimated overall willfully desecrates any type of monu- that will have the most stimulative ef- economic impact of about $6.5 billion ment commemorating those in the fect on the economy. for the 10-day sales tax holiday. Need- Armed Forces on public property would With December fast approaching, we less to say, no State would be required be fined or put in jail. The violator need to give a ‘‘shot in the arm’’ to our to take action, but we think they de- would be subject to a civil penalty in economy and help restore the con- serve to have the option. addition to the fine, equal to the cost fidence of consumers, because we have This is a proven approach that can of repairing the damage. seen a dramatic and negative reaction dramatically boost sales. When Mary- The funds generated by these pen- to the events of September 11. In fact, land and the District of Columbia tried alties would then go into a Veterans’ the Conference Board’s first report on sales tax holidays last August, for ex- Memorial Restoration Fund, estab- consumer confidence since the attacks ample, monthly sales jumped by 10 per- lished by the Secretary of Veterans’ showed the steepest two-month drop cent. One retailer even saw sales jump Affairs, to make those monies avail- since the 1980 recession—and con- 35 percent over the same period a year able for the repair of the damaged me- fidence has plummeted to the lowest ago. And the Wall Street Journal in morials. But the vandals won’t be the level in 7 years, since 1994, even as con- 1997 reported that a survey of 102 stores only ones contributing to the fund; in- sumer spending dropped 1.8 percent in in the New York City metropolitan dividuals and veterans’ organizations September, the first decline in 21⁄2 area averaged 125 percent increases in could also make donations and get a years and the biggest spending drop sales during the region’s January sales charitable contribution deduction. In since 1987. tax holiday on most clothing and foot- essence, this would be a new way to According to a survey released yes- wear. provide for the repair of veterans’ me- terday by the Credit Union National The fact is, this is an approach that morials without any new appropriation Association and the Consumer Federa- fulfills every one of the principles for a or providing other Federal funding. tion of America, almost one-third, 28 stimulus that the Centrist Coalition I The second part of this bill would percent, of those surveyed plan to cochair laid out earlier this month. permit states to place supplemental spend less this year than last. With the And as the Los Angeles Times reported guide signs for veterans’ cemeteries on economy already on the brink of a re- on October 12, ‘‘in the view of many Federal-aid highways. These veterans’ cession following the attacks—includ- economists—conservative as well as cemeteries deserve recognition; by al- ing economic growth actually declin- liberal—most plans fall short of the lowing signs to be posted, we pay our

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.001 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21931 respect to these sites by offering direc- have the support of several veterans’ Memorials to the men and women who tion to them. It is my goal to make organizations, who have offered words have served this Nation, in times of war and these important sites easily accessible. of encouragement for this bill. These in times of peace, are tokens of our gratitude Our veterans, living and lost, are a for their service, and their sacrifice. They Americans know, firsthand, the con- are tangible reminders of our past, and an in- reminder of our unity. Those who cept of service. Let’s honor what they spiration for our future. For this reason they served in our Armed Services are more and thousands of others have done to are well worth protecting and preserving. than just symbols of freedom and jus- preserve our freedom. This legislation addresses both of these tice in the midst of conflict and during Madam President, I thank the Chair goals. times of peace. and ask unanimous consent that let- Again, thank you for introducing the ‘‘Vet- They are real people, integral to our ters of support from the American Le- erans’ Memorial Preservation and Recogni- tion Act of 2001.’’ entire population, who enrich our day- gion, Rolling Thunder, Inc., and the Sincerely, to-day lives with their proud service, Paralyzed Veterans of America be RICHARD B. FULLER, with their personal accounts of war, printed in the RECORD. National Legislative Director. their organizations of service, and There being no objection, the letters their expressions of deep-down Amer- were ordered to be printed in the By Mr. HELMS: ican pride. Not only have we lost many RECORD, as follows: S. 1645. A bill to provide for the pro- motion of democracy and rule of law in of these brave men and women in con- THE AMERICAN LEGION, flict, but we lose thousands of them Washington, DC, November 6, 2001. Belarus and for the protection of forever each year as the veteran popu- Hon. BEN NIGHTHORSE CAMPBELL, Belarus’ sovereignty and independence; lation ages. We have to honor their U.S. Senate, Russell Senate Office Building, to the Committee on Foreign Rela- sacrifices by protecting the sites that Washington, DC. tions. recognize them. DEAR SENATOR CAMPBELL: On behalf of the Mr. HELMS. Madam President, on 2.9 million members of The American Le- top of the mayhem and slaughter in It is a shame that there is no com- gion, I would like to express full support for prehensive federal law to protect vet- New York and at the Pentagon in the Veterans’ Memorial Preservation and Washington last September, a travesty erans’ memorials. Recognition Act. We applaud your efforts to Sometimes they are the only tan- prohibit the desecration of veterans’ memo- against democracy occurred, again, in gible reminders we have of courageous rials, and to permit guide signs to veterans Belarus. Aleksandr Lukashenka, the service to this country. We can easily cemeteries on federal highways. dictator controlling this country, stole read about those brave Americans who The American Legion recognizes the need through intimidation and repression, served in war, but it’s not always easy to preserve the sanctity and solemnity of the presidential elections that took veterans’ memorials. These historic monu- to gather more than just hard facts place on September 9. ments serve not only to honor the men and Tragic as the events in our own coun- from newspapers or history books. women of the nation’s armed services, but to try were and as serious an undertaking Being in the presence of a statue or educate future generations of the sacrifices as the war against terrorism will con- memorial structure can evoke a deeper endured to preserve the freedoms and lib- tinue to be, we must not overlook the response. We can walk around it, some- erties enjoyed by all Americans. brutality and injustice of a regime times we can touch it, and oftentimes Once again, The American Legion fully such as the one led by Lukashenka, es- we can see the names of each brave supports the Veterans’ Memorial Preserva- pecially in the heart of Europe. American who died in conflict. tion and Recognition Act. We appreciate your continued leadership in addressing the For this reason, I am introducing Madam President, the timing of this issues that are important to veterans and today the Belarus Democracy Act of bill is appropriate. This Sunday, No- their families. 2001, the purpose of which is to support vember 11, we will recognize Veterans’ Sincerely, the people in Belarus who are strug- Day, which informally began as a se- STEVE A. ROBERTSON, gling, often at great peril to their lives, ries of memorial gestures to celebrate Director, National to revive democracy, and to reconsoli- Legislative Commission. the end of World War I in 1918. Three date their country’s declining inde- years later, on the eleventh hour of the ROLLING THUNDER, INC., pendence and sovereignty. eleventh day of the eleventh month, an Democracy has been crushed in unknown American soldier of the war Neshanic Station, NJ, November 5, 2001. Senator BEN ‘‘NIGHTHORSE’’ CAMPBELL, Belarus by a fanatical dictatorship was buried on a hillside in Arlington Russell Senate Office Building, that can only be described as a brutal Cemetery, overlooking the Potomac Washington, DC. throwback to the Soviet era. Aleksandr River. This site became a summit of HONORABLE BEN CAMPBELL: I am sending Lukashenka is an authoritarian ob- veneration for Americans everywhere. this letter in support of Bill, ‘‘Veterans Me- sessed with recreating the former So- Similarly, at Westminster Abbey in morial Preservation and Recognition Act of viet Union, which he believes he will England and the Arc de Triomphe in 2001. ultimately lead. Because of France, an unknown soldier was buried Rolling Thunder National and our mem- bers are in full support of this bill. Those Lukashenka, Belarus has emerged as a in each of these places of highest who destroy and deface any Veterans Memo- dark island of repression, censorship, honor. rial should be punished and made to pay full and command economy in a region of These three memorial sites are sym- restitution for the damages they have consolidating democracies. bols of our reverence; it is only appro- caused. Many Americans have fought and Belarus has tragically become the priate that we do everything we can to died for the freedom of all Americans and Cuba of Europe. Nonetheless, the peo- preserve sites like these across Amer- their Memorials should be honored and re- ple of Belarus have not succumbed to ica. spected by all. Lukashenka. Independent newspapers There are hundreds of veterans’ me- I thank you for your help and support to struggle to publish. The leadership of morials, on public property, here in the all American Veterans. Sincerely, the parliament he unconstitutionally United States. From nationally-known SGT., ARTIE MULLER, dismissed refuses to concede legit- places such as Iwo Jima, to smaller National President. imacy to his sham regime. Scores of sites such as the Colorado Veterans’ non-governmental organizations fight Memorial across from the capitol in PARALYZED VETERANS OF AMERICA, to promote the rule of law and to pro- Denver, each is a site where we go to Washington, DC, November 5, 2001. tect fundamental human rights. The heal and to remember. As a veteran Hon. BEN NIGHTHORSE CAMPBELL, vibrancy of Belarus’s struggling civil myself, I am committed to seeing that U.S. Senate, society has been made evident by the not a single one is stripped of its dig- Washington, DC. ‘‘Freedom Marches’’ that have at- DEAR SENATOR CAMPBELL: On behalf of the nity. Paralyzed Veterans of America (PVA) I am tracted literally tens of thousands of I encourage my colleagues to work writing to offer our support for the ‘‘Vet- Belarusians to the streets of Minsk and together for swift consideration of this erans’ Memorial Preservation and Recogni- countless other anti-Lukashenka dem- timely and important legislation. I tion Act of 2001.’’ onstrations elsewhere in Belarus.

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.001 S07NO1 21932 CONGRESSIONAL RECORD—SENATE November 7, 2001 Their agenda is the promotion of a cratic would only whet Moscow’s appe- Belarus remains imprisoned under harsh con- free, independent, democratic and tite to restore the old Soviet borders. ditions for his political opposition to Western-oriented Belarus, a sharp con- That would set a precedent that would Lukashenka; trast to Lukashenka’s efforts to reani- only jeopardize the security of (8) Victor Gonchar, Yuri Krasovsky, and Yuri Zakharenka, who have been leaders and mate the former Soviet Union. Ukraine, Lithuania, Latvia, and Esto- supporters of the opposition, have dis- This is an agenda not without risk. nia. Indulging antiquated Russian im- appeared under mysterious circumstances; Those who have dared to take a stand perial pretensions would also undercut (9) former Belarus government officials, in- against Lukashenka have disappeared. the prospects for democratic reform in cluding four police investigators, have come Yuri Zakharenko disapproved soon Russia. forward with credible allegations and evi- after he resigned his post as For these reasons the Belarus De- dence that top officials of the Lukashenka Lukashenka’s Minister of Interior and mocracy Act of 2001 authorizes $30 mil- regime were involved in the murders of oppo- began working with the opposition. Op- lion in assistance to restore and sition figures Yury Zakharenka, Victor Gonchar, Anatol Krasovsky, Dmitry position leader Victor Gonchar and his strengthen the institutions of demo- cratic government in Belarus. It spe- Zavadsky, and scores of other people. colleague, Anatoly Krasovsky, van- (10) the Lukashenka regime systematically ished just hours after Lukashenka, in a cifically urges the President of the harasses and persecutes the independent drooling rage broadcast on state tele- United States to furnish assistance to media and actively suppresses freedom of vision, called upon his henchmen to political parties in Belarus committed speech and expression; crackdown on the ‘‘opposition scum.’’ to those goals. (11) Dmitry Zavadsky, a cameraman for Other opposition leaders such as It expands the resources available to Russian public television, known for his crit- Andrei Klimov, have been imprisoned support radio broadcasting into ical reporting of the Lukashenka regime, under harsh conditions simply for ex- Belarus that will facilitate the flow of disappeared under mysterious cir- uncensored information to the people cumstances; pressing their opposition to (12) the Lukashenka regime harasses the Lukashenka’s regime. of Belarus. The September elections in Belarus autocephalic Belarusian Orthodox Church, This regime has tried to crush oppo- the Roman Catholic Church, evangelical sition marches with truncheon-wield- were stained by the Lukashenka re- churches, and other minority groups; ing riot police. The independent press gime’s cruel suppression of democratic (13) Lukashenka advocates and actively and non-governmental organizations and human rights. Let the Belarus De- promotes a merger between Russia and promoting democracy, rule of law and mocracy Act be America’s response to Belarus, and initiated negotiations and human rights in Belarus are subject to Europe’s last dictator, Aleksandr signed December 8, 1999, the Belarus-Russia Union Treaty even though he lacks the nec- constant government harassment, in- Lukashenka. I ask unanimous consent the text of essary constitutional mandate to do so; timidation, arrests, fines, beatings, and the bill be printed in the RECORD. (14) the Belarusian opposition denounces murder. Dmitry Zavadsky, a camera- There being no objection, the bill was these intentions and has repeatedly called man for Russian television, known for upon the international community to ‘‘un- ordered to be printed in the RECORD, as ambiguously announce the nonrecognition of his critical reporting of the follows: Lukashenka regime, disappeared under any international treaties concluded by S. 1645 mysterious circumstances. Lukashenka’’; If passed, this bill will impose sanc- Be it enacted by the Senate and House of Rep- (15) the United States, the European resentatives of the United States of America in Union, the NATO Parliamentary Assembly, tions against the Lukashenka regime. Congress assembled, the OSCE Parliamentary Assembly, and It will deny international assistance to SECTION 1. SHORT TITLE. other international bodies continue to recog- his government. It will freeze This Act may be cited as the ‘‘Belarus De- nize the 13th Supreme Council as the legal Belarusian assets in the United States. mocracy Act of 2001’’. Belarusian Parliament; It will prohibit trade with the SEC. 2. FINDINGS. (16) the parliamentary elections of October Lukashenka government and busi- Congress finds that— 15, 2000, conducted by Aleksandr Lukashenka nesses owned by that government. It (1) the United States has a vital interest in were illegitimate and unconstitutional; will also deny officials of the the consolidation and strengthening of the (17) these elections were plagued by violent independence and sovereignty of the Repub- human rights abuses committed by his re- Lukashenka government the right to lic of Belarus and its integration into the gime, including the harassment, beatings, travel to the United States. European community of democracies; arrest, and imprisonment of members of the And, if Lukashenka continues to sur- (2) the United States supports the pro- opposition; render Belarusian sovereignty, this bill motion of democracy, the rule of law, and re- (18) these elections were conducted in the will strip his government of the diplo- spect for human rights in Belarus; absence of a democratic election law; matic properties it currently enjoys in (3) in November 1996, Belarusian President (19) the presidential election of September the United States. Indeed, if he is suc- Aleksandr Lukashenka orchestrated an ille- 2001 was fundamentally unfair and featured cessful in his warped effort to recreate gal and unconstitutional referendum that significant and abusive misconduct by the the Soviet Union, the Government of enabled him to impose upon the Belarusian regime of Aleksandr Lukashenka, includ- people a new constitution, abolish the old ing— Belarus will sadly have no need for parliament, the 13th Supreme Council, re- (A) the harassment, arrest, and imprison- these properties. place it with a rubber stamp legislature, and ment of opposition leaders; This bill supports our Nation’s vision extend his term office to 2001; (B) the denial of opposition candidates of Europe that is democratic, free and (4) in May 1999, the Belarusian opposition equal and fair access to the dominant state- undivided. That vision will never be challenged Lukashenka’s illegal extension of controlled media; fulfilled as long as Belarus suffers his presidential term by staging alternative (C) the seizure of equipment and property under the tyranny of Aleksandr presidential elections and these elections of independent nongovernmental organiza- Lukashenka. It is our moral and stra- were met with repression; tions and press organizations and the harass- (5) the Belarusian opposition has organized ment of their staff and management; tegic interest to support those fighting peaceful demonstrations against the (D) voting and vote counting procedures for democracy and freedom in Belarus Lukashenka regime in cities and towns that were not transparent; and and the return of their country to the throughout Belarus, including the Freedom I (E) a campaign of intimidation directed European community of free states. March of October 17, 1999, the Freedom II against opposition activists, domestic elec- To ignore this struggle for democ- March of March 15, 2000, and the Chernobyl tion observation organizations, opposition racy and freedom and to turn an indif- Way March of April 26, 2000, each of which and independent media, and a libelous media ferent eye upon Lukashenka’s effort to took place in Minsk and involved tens of campaign against international observers; reconstruct the former Soviet Union thousands of Belarusians; and would be a grave error. Not only would (6) the Lukashenka regime has responded (20) the last parliamentary election in to these peaceful marches with truncheon- Belarus deemed to be free and fair by the it be immoral, it would be strategically swinging security personnel, mass arrests, international community took place in 1995 shortsighted. extended incarcerations, and beatings; and from it emerged the 13th Supreme Soviet Allowing Moscow to reabsorb a state (7) Andrei Klimov, a member of the last whose democratically and constitutionally that was once independent and demo- democratically elected Parliament in derived authorities and powers have been

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.001 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21933 usurped by the authoritarian regime of Alek- and the Committee on International Rela- ments or transfers of any property or any sandr Lukashenka. tions of the House of Representatives a re- transactions involving the transfer of any- SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY port on how funds allocated under subsection thing of economic value by any United AND CIVIL SOCIETY IN BELARUS. (b) will be used to provide AM and FM broad- States person to the Government of Belarus, (a) PURPOSES OF ASSISTANCE.—The assist- casting that covers the territory of Belarus or any person or entity acting for or on be- ance under this section shall be available for and delivers to the people of Belarus pro- half of, or owned or controlled, directly or the following purposes: gramming free from censorship of the gov- indirectly, by that government, or to any (1) To assist the people of Belarus in re- ernment of Lukashenka. member of the senior leadership of Belarus. gaining their freedom and to enable them to SEC. 5. SANCTIONS AGAINST THE LUKASHENKA (d) PAYMENT OF EXPENSES.—All expenses join the international community of democ- REGIME. incident to the blocking and maintenance of racies. (a) APPLICATIONS OF MEASURES.—The sanc- property blocked under subsection (a) shall (2) To restore and strengthen institutions tions described in this section and sections 6, be charged to the owners or operators of of democratic government in Belarus. 8, and 9, shall apply with respect to Belarus such property, which expenses shall not be (3) To encourage free and fair presidential until the President determines and certifies met from blocked funds. ROHIBITIONS.—The following shall be and parliamentary elections in Belarus, con- to the appropriate congressional committees (e) P prohibited as of the date of enactment of this ducted in a manner consistent with inter- that the Government of Belarus has made Act: nationally accepted standards and under the significant progress in meeting the condi- (1) The exportation to any entity owned, supervision of internationally recognized ob- tions described in subsection (b). controlled, or operated by the Government of servers. (b) CONDITIONS.—The conditions referred to Belarus, directly or indirectly, of any goods, (4) To sustain and strengthen international in subsection (a) are the following: technology, or services, either— sanctions against the Lukashenka regime in (1) The release of all those individuals who (A) from the United States; Belarus. have been jailed for their political views. (B) requiring the issuance of a license for (b) AUTHORIZATION FOR ASSISTANCE.—To (2) The withdrawal of politically motivated export by a Federal agency; or carry out the purposes of subsection (a), the legal charges against all opposition figures. (C) involving the use of United States reg- President is authorized to furnish assistance (3) The provision of a full accounting of istered vessels or aircraft, or any activity and other support for the activities described those opposition leaders and journalists, in- that promotes or is intended to promote in subsection (c) and primarily for indige- cluding Victor Gonchar, Yuri Krasovsky, such exportation. nous Belarusian political parties and non- Yuri Zakharenka, and Dmitry Zavadsky, (2) The performance by any United States governmental organizations. who have disappeared under mysterious cir- person of any contract, including a financing (c) ACTIVITIES SUPPORTED.—Activities that cumstances, and the prosecution of those in- may be supported by assistance under sub- dividuals who are responsible for those dis- contract, in support of an industrial, com- section (b) include— appearances. mercial, or public utility operated, con- (1) democratic forces, including political (4) The cessation of all forms of harass- trolled, or owned by the Government of parties, committed to promoting democracy ment and repression against the independent Belarus. (f) EXCEPTIONS.—Notwithstanding any and Belarus’ independence and sovereignty; media, nongovernmental organizations, and other provision of this section, this section the political opposition. (2) democracy building; does not apply to— (5) The implementation of free and fair (3) radio and television broadcasting to (1) assistance provided under section 3 or 4 presidential and parliamentary elections. Belarus; of this Act; (c) INTERNATIONAL FINANCIAL INSTITU- (4) the development and support of non- (2) those materials described in section TIONS.—The Secretary of the Treasury shall governmental organizations promoting de- 203(b)(3) of the International Emergency instruct the United States executive direc- mocracy and supporting human rights both Economic Powers Act relating to informa- tors of the international financial institu- in Belarus and in exile; tional materials; or tions to oppose, and vote against, any exten- (5) the development of independent media (3) materials being sent to Belarus as relief sion by those institutions of any financial working within Belarus and from locations in response to a humanitarian crisis. assistance (including any technical assist- outside of Belarus and supported by (g) STATUTORY CONSTRUCTION.—Nothing in nonstate-controlled printing facilities; ance or grant) of any kind to the Govern- this Act prohibits any contract or other fi- (6) international exchanges and advanced ment of Belarus, except for loans and assist- nancial transaction with any private or non- professional training programs for leaders ance that serve basic human needs. governmental organization or business in and members of the democratic forces in (d) INTERNATIONAL FINANCIAL INSTITUTIONS Belarus. DEFINED.—In this section, the term inter- skill areas central to the development of SEC. 7. DENYING ENTRY INTO THE UNITED civil society; and national financial institution includes the STATES TO BELARUSIAN OFFICIALS. (7) the development of all elements of International Monetary Fund, the Inter- It is the sense of Congress that the Presi- democratic processes, including political national Bank for Reconstruction and Devel- dent should use his authority under section parties and the ability to conduct free and opment, the International Development As- 212(f) of the Immigration and Nationality fair elections. sociation, the International Finance Cor- Act (8 U.S.C. 1182(f)) to suspend the entry (d) AUTHORIZATION OF APPROPRIATIONS.— poration, the Multilateral Investment Guar- into the United States of any alien who— (1) IN GENERAL.—There is authorized to be anty Agency, and the European Bank for Re- (1) holds a position in the senior leadership appropriated to the President $30,000,000 for construction and Development. of the Government of Belarus; or the fiscal year 2002. SEC. 6. BLOCKING BELARUSIAN ASSETS IN THE (2) is a spouse, minor child, or agent of a (2) AVAILABILITY OF FUNDS.—Amounts ap- UNITED STATES. person inadmissible under paragraph (1). propriated pursuant to paragraph (1) are au- (a) BLOCKING OF ASSETS.—All property and SEC. 8. PROHIBITION ON STRATEGIC EXPORTS thorized to remain available until expended. interests in property, including all commer- TO BELARUS. SEC. 4. AUTHORIZED FUNDING FOR RADIO cial, industrial, or public utility under- No computers, computer software, goods BROADCASTING IN AND INTO takings or entities, that are owned in whole intended to manufacture or service com- BELARUS. or in part by the Government of Belarus, or puters, no technology intended to manufac- (a) IN GENERAL.—The purpose of this sec- by any member of the senior leadership of ture or service computers, or any other tion is to augment support for independent Belarus, that are in the United States, that goods or technology may be exported to or and uncensored radio broadcasting in and hereafter come within the United States, or for use by the Government of Belarus, or by into Belarus that will facilitate the dissemi- that are or hereafter come within the posses- any of the following entities of that govern- nation of information in a way that is not sion or control of United States persons, in- ment: impeded by the government of Lukashenka. cluding their overseas branches, are hereby (1) The military. (b) ALLOCATION OF FUNDS.—Not less than blocked. (2) The police. $5,000,000 made available under section 3 (b) EXERCISE OF AUTHORITIES.—The Sec- (3) The prison system. shall be available only for programs that fa- retary of the Treasury, in consultation with (4) The national security agencies. cilitate and support independent broad- the Secretary of State, shall take such ac- SEC. 9. PROHIBITION ON LOANS AND INVEST- casting into and in Belarus on AM and FM tions, including the promulgation of regula- MENT. bandwidths, including programming from tions, orders, directives, rulings, instruc- (a) UNITED STATES GOVERNMENT FINANC- the Voice of America and RFE/RL, Incor- tions, and licenses, and employ all powers ING.—No loan, credit guarantee, insurance, porated. granted to the President by the Inter- financing, or other similar financial assist- (c) REPORTING ON RADIO BROADCASTING TO national Emergency Economic Powers Act, ance may be extended by any agency of the AND IN BELARUS.—Not later than 120 days as may be necessary to carry out subsection United States Government (including the after the date of enactment of this Act, the (a). Export-Import Bank and the Overseas Pri- Secretary of State shall submit to the Com- (c) PROHIBITED TRANSFERS.—Transfers pro- vate Investment Corporation) to the Govern- mittee on Foreign Relations of the Senate hibited under subsection (b) include pay- ment of Belarus.

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(b) TRADE AND DEVELOPMENT AGENCY.—No (3) a description of joint ventures com- tions and the October 2001 presidential elec- funds made available by law may be avail- pleted, or under construction by foreign na- tions and calls upon the democratic opposi- able for activities of the Trade and Develop- tionals involving facilities in Belarus; and tion of Belarus to sustain that unity and co- ment Agency in or for Belarus. (4) an identification of the countries that operation as part of the effort to bring an (c) THIRD COUNTRY ACTION.—Congress urges purchase or have purchased, arms or mili- end to Lukashenka’s dictatorship. the Secretary of State to encourage all other tary supplies from Belarus or that have come SEC. 15. DEFINITIONS. countries, particularly European countries, into agreements with the Belarus Govern- In this Act: to suspend any of their own programs pro- ment that have a military application, in- (1) SENIOR LEADERSHIP OF BELARUS.—The viding support similar to that described in cluding— term ‘‘senior leadership of Belarus’’ in- subsection (a) or (b) to the Government of (A) a description of the military supplies, cludes— Belarus, including the rescheduling of repay- equipment, or other material sold, bartered, (A) the President, Prime Minister, Deputy ment of the indebtedness of that government or exchanged between Belarus and such Prime Ministers, government ministers, and under more favorable conditions. countries; and deputy ministers of Belarus; (d) PROHIBITION ON PRIVATE CREDITS.—No (B) a listing of the goods, services, credits, (B) the Governor of the National Bank of United States person may make or approve or other consideration recieved by the Belarus; any loan or other extension of credit, di- Belarus government in exchange for military (C) officials of the Belarus Committee for rectly or indirectly, to the Government of supplies, equipment, or material. State Affairs (BKGB), the police, and any Belarus or to any corporation, partnership, SEC. 14. SENSE OF CONGRESS. other organ of repression; or other organization that is owned, oper- Congress hereby— (D) any official of the Government of ated, or controlled by the Government of (1) expresses its support to those in Belarus Belarus involved in the suppression of free- Belarus. seeking— dom in Belarus, including judges and pros- SEC. 10. DENIAL OF GSP. (A) to promote democracy and the rule of ecutors; (a) FINDING.—Congress finds that the Gov- law, to consolidate the independence and (E) any official of the Government of ernment of Belarus has failed to respect sovereignty of Belarus; and Belarus directly appointed by Aleksandr internationally recognized worker rights. (B) to promote its integration into the Eu- Lukashenka; and (b) DENIAL OF GSP BENEFITS.—Congress ap- ropean community of democracies; (F) officials of the presidential administra- proves the decision of the United States Gov- (2) expresses its grave concern about the tion. ernment to deny tariff treatment under title disappearances of Victor Gonchar, Yuri (2) UNITED STATES.—The term ‘‘United V of the Trade Act of 1974 (the Generalized Krasovsky, Yuri Zakharenka, Dmitry States’’ means the States of the United System of Preferences (GSP)) to Belarus. Zavadsky, and other members of the opposi- States, the District of Columbia, and any tion and press; SEC. 11. MULTILATERAL SANCTIONS. commonwealth, territory, dependency, or (3) calls upon Lukashenka’s regime to possession of the United States. It is the sense of Congress that the Presi- cease its persecution of political opponents (3) UNITED STATES PERSON.—The term dent should continue to seek to coordinate and to release those, including Andrei ‘‘United States person’’ means any United with other countries, particularly European Klimov, who have been imprisoned for oppos- States resident or national (other than an countries, a comprehensive, multilateral ing his regime; individual resident outside the United States strategy to further the purposes of this Act, (4) calls upon the Lukashenka regime to and employed by other than a United States including, as appropriate, encouraging other respect the basic freedoms of speech, expres- person), any domestic concern (including countries to take measures similar to those sion, assembly, association, language, and any permanent domestic establishment of described in this Act. religion; any foreign concern) and any foreign sub- SEC. 12. OWNERSHIP AND USE OF DIPLOMATIC (5) calls upon Lukashenka to allow par- sidiary or affiliate (including any permanent AND CONSULAR PROPERTIES. liamentary and presidential elections to be foreign establishment) of any domestic con- It is the sense of Congress that, if an un- conducted that are free, fair, and fully meet cern which is controlled in fact by such do- democratic and illegitimate Government of international standards; mestic concern, as determined under regula- Belarus, enters into a union with the Rus- (6) calls upon the Government of Russia, tions of the President. sian Federation that results in the loss of the State Duma, and the Federation Council sovereignty for Belarus, the United States to end its support, including financial sup- By Mr. BINGAMAN (for himself should immediately withdraw any and all port, to the Lukashenka regime and to fully and Mr. DOMENICI): privileges and immunities under the Vienna respect the sovereignty and independence of Convention on Diplomatic Relations enjoyed S. 1646. A bill to identify certain the Republic of Belarus; routes in the states of Texas, Okla- by the personnel and property of the Govern- (7) calls upon the Government of Belarus ment of Belarus and demand the immediate to resolve the continuing constitutional and homa, Colorado, and New Mexico as departure of such personnel from the United political crisis through free, fair, and trans- part of the Ports-to-Plains Corridor, a States. parent elections, including, as called for by high priority corridor on the National SEC. 13. REPORTS. the Organization for Security and Coopera- Highway System; to the Committee on (a) IN GENERAL.—Not later than 90 days tion in Europe (OSCE), of which Belarus is a Environmental and Public Works. after the date of enactment of this Act, and member— Mr. BINGAMAN. Madam President, I every year thereafter, the President shall (A) respect for human rights; rise today to introduce legislation that submit a report to the appropriate congres- (B) an end to the current climate of fear; will enhance the future economic vital- sional committees reporting on— (C) opposition and meaningful access to ity of communities in Union and Colfax (1) assistance and commerce received by state media; Belarus from other foreign countries during (D) modification of the electoral code to Counties and throughout all of North- the previous 12-month period; make the code more democratic; eastern New Mexico. By improving the (2) the sales of weapons and weapons-re- (E) engaging in genuine talks with the op- transportation infrastructure, I believe lated technologies from Belarus during that position; and this legislation will also help promote 12-month period; (F) permitting real power for the par- tourism across all of northern New (3) the relationship between the liament. Mexico. Lukashenka regime and the Government of (8) calls upon other governments to refuse The bill we are introducing today the Russian Federation; and to use as diplomatic residences or for any completes the designation of the route (4) the personal assets and wealth of Alek- other purpose properties seized by the sandr Lukashenka and other senior leaders Lukashenka regime from the Belarusian po- for the Ports-to-Plains High Priority of the Government of Belarus. litical opposition; Corridor, which runs 1,000 miles from (b) REPORT ELEMENTS.—Each report re- (9) calls upon the international commu- Laredo, Texas, to Denver, CO. I am quired by subsection (a) shall, for the period nity, including the Government of Russia, to honored to have my colleague, Senator covered by the report, contain, to the extent refuse to ratify or accept any treaty signed DOMENICI, as a cosponsor of the bill. such information is known— by Aleksandr Lukashenka or any other offi- I continue to believe strongly in the (1) a description of all assistance, including cial of his government. importance of highway infrastructure humanitarian assistance, provided to the (10) commends the democratic opposition for economic development in my State. Government of Belarus by foreign govern- in Belarus for their commitment to freedom, Even in this age of the new economy ments and multilateral institutions; their courage in the face of Lukashenka’s (2) a description of Belarus’ commerce with brutal repression, and the unity and coopera- and high-speed digital communica- foreign countries, including the identifica- tion their various political parties and non- tions, roads continue to link our com- tion of Belarus’ chief trading partners and governmental organizations demonstrated munities together and to carry the the extent of such trade; during the October 2000 parliamentary elec- commercial goods and products our

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.001 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21935 citizens need. Safe and efficient high- Mexico and Texas plan to upgrade their (3) by striking ‘‘(38) The’’ and inserting ways are especially important to citi- portion of the corridor to the full four ‘‘(38)(A) The’’; zens in the rural parts of New Mexico. lanes envisioned in the feasibility (4) in subparagraph (A) (as designated by It is well known that regions with study for the Ports-to-Plains trade cor- paragraph (3))— (A) in clause (i) (as redesignated by para- four-lane highways will more readily ridor. Indeed, the State of Texas will graph (2))— attract out-of-state visitors and new soon begin construction that will four- (i) in subclause (VII) (as redesignated by jobs. Travelers prefer the safety of a lane its portion of Highway 87 from paragraph (1)), by striking ‘‘and’’ at the end; four-lane highway rather than sharing Dumas to the New Mexico State line. (ii) in subclause (VIII) (as redesignated by a two-lane road with a large number of Meanwhile, Colorado plans to develop paragraph (1)), by striking the period at the semi tractor-trailer rigs. it’s portion as a super-two-lane high- end and inserting ‘‘; and’’; and In 1998, Congress identified the Ports- way at a cost of $537 million. The esti- (iii) by adding at the end the following: to-Plains corridor between the border mated cost to four-lane New Mexico’s ‘‘(IX) United States Route 287 from Dumas with Mexico to Denver, CO, as a High to the border between the States of Texas 81 miles of the corridor between Clay- and Oklahoma, and also United States Route Priority Corridor on the National ton and Raton is $185 million. 87 from Dumas to the border between the Highway System. This designation I do believe that once Highway 87 has States of Texas and New Mexico.’’; and arose in part as a result of the North been upgraded to four lanes between (B) by adding at the end the following: American Free Trade Agreement. Dumas and Raton, the route will act as ‘‘(ii) In the State of Oklahoma, the Ports- Under NAFTA, commercial border traf- a magnet for out-of-state visitors to to-Plains Corridor shall generally follow fic is already increasing, and the Ports- the year-round tourist attractions United States Route 287 from the border be- to-Plains corridor was considered to be throughout northern New Mexico. tween the States of Texas and Oklahoma to centrally situated to serve inter- the border between the States of Oklahoma Tourists in particular will prefer the and Colorado. national trade and promote economic safety and a convenience of a four-lane ‘‘(iii) In the State of Colorado, the Ports- development along its entire route. highway. to-Plains Corridor shall generally follow— Congress had previously designated a Congress designated the southern ‘‘(I) United States Route 287 from the bor- parallel route, the Camino Real Cor- portion of the Ports-to-Plains corridor der between the States of Oklahoma and Col- ridor, including Interstate Highway 25 last year. Now the feasibility study has orado to Limon; and through central New Mexico, as a high been completed and all four States are ‘‘(II) Interstate Route 70 from Limon to priority corridor; this corridor runs in unanimous agreement on the pre- Denver. from the Mexican border at El Paso, ‘‘(iv) In the State of New Mexico, the ferred route for the northern portion. Ports-to-Plains Corridor shall generally fol- TX, through Albuquerque and Denver, The time to act is now. Congress low United States Route 87 from the border and on to the Canadian border. should move quickly to confirm the between the States of Texas and New Mexico Last year, a comprehensive study four-state consensus of the Ports-to- to Raton.’’; and was undertaken to determine the feasi- Plains Trade Corridor by passing our (5) by striking ‘‘(B) The corridor designa- bility of creating a second continuous bill. I look forward to working with the tion contained in paragraph (A)’’ and insert- four-lane highway along the proposed Chairman of the Environment and Pub- ing the following: ‘‘(B) The corridor designation contained in Ports-to-Plains High Priority corridor. lic Works Committee, Senator JEF- Alternative highway alignments for subclauses (I) through (VIII) of subparagraph FORDS and the Ranking Member, Sen- (A)(i)’’. the trade corridor were developed and ator SMITH, to confirm the four states’ evaluated. The study was conducted recommendation with this non-con- DEPARTMENT OF TRANSPORTATION under the direction of a steering com- troversial, bipartisan legislation. September 21, 2001. mittee consisting of the State depart- Once the route is established, I am C.D. REAGAN, ments of transportation in Texas, New committed to working to help secure Division Administrator, Federal Highway Ad- Mexico, Oklahoma, and Colorado. The the funding required to complete the ministration, Austin, TX. Ports-to-Plains feasibility study was four-lane upgrade as soon as possible. I DEAR MR. REAGAN: We are pleased to in- completed and a final report circulated form you that we have finalized the preferred do believe the four-lane upgrade of designation for the Ports-to-Plains Corridor. earlier this year. Highway 87 is vital to economic devel- This letter confirms the consensus reached With the results of the feasibility opment for the communities of Raton by the states of Colorado, New Mexico, Okla- study in hand, representatives of the and Clayton and throughout all of homa and Texas on July 30, 2001, whereby the four State highway departments met northeast New Mexico. northern portion of the Ports-to-Plains Cor- on July 30 to reach consensus on the I again thank Senator DOMENICI for ridor would be formally designated as routes preferred designation for the northern cosponsoring the bill, and I hope all from Dumas, Texas on U.S. 287 to I-70 at Limon, Colorado and then to Denver, Colo- portion of the Ports-to-Plains corridor Senators will join us in support of this between Dumas, TX, and Denver, CO. rado, and U.S. 87 from Dumas, Texas to important legislation. Raton, New Mexico. The four representatives agreed to rec- I ask unanimous consent that the We submit these routes formally as rep- ommend designating the route north of text of the bill and the previously ref- resenting the states agreed unified designa- Dumas, TX, along U.S. Highway 287 erenced letter be printed in the tion for the Ports-to-Plains Corridor north of through Boise City, OK, to Limon, CO, RECORD. Dumas, Texas and request that you submit and then along Interstate 70 to Denver. There being no objection, the mate- our recommendation to the appropriate con- They also recommended including the rial was ordered to be printed in the gressional committees. Thank you for your strong consideration of route from Dumas, TX, along U.S. RECORD, as follows: Highway 87 through Clayton, NM, to this issue. S. 1646 Sincerely, Raton in the corridor. Be it enacted by the Senate and House of Rep- THOMAS E. NORTON, I am pleased the four States were resentatives of the United States of America in Colorado Executive Di- able to come to a unified consensus on Congress assembled, rector, DOT. the route for the Ports-to-Plains cor- SECTION 1. IDENTIFICATION OF PORTS-TO- MICHAEL W. BEHRENS, ridor. I ask unanimous consent that a PLAINS HIGH PRIORITY CORRIDOR Texas Executive Direc- letter from the directors of the four ROUTES. tor, DOT. State highway departments to the Fed- Section 1105(c)(38) of the Intermodal Sur- PETE RAHN, eral Highway Administration summa- face Transportation Efficiency Act of 1991 New Mexico Executive Director, DOT. rizing the four-State consensus rec- (105 Stat. 2032; 114 Stat. 2763A–201) is amend- ed— GARY M. RIDLEY, ommendation be printed in the RECORD (1) in subparagraph (A), by redesignating Oklahoma Executive at the conclusion of my remarks. clauses (i) through (viii) as subclauses (I) Director, DOT. I do believe the consensus rec- through (VIII), respectively; ommendation is a good result for all (2) by redesignating subparagraph (A) as By Ms. CANTWELL (for herself four States in the region. Both New clause (i); and Mrs. MURRAY):

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.002 S07NO1 21936 CONGRESSIONAL RECORD—SENATE November 7, 2001 S. 1649. A bill to amend the Omnibus dividuals including Representative worked this year and in years past, to Parks and Public Lands Management Russell Mack, the esteemed chair- obtain those critical federal dollars for Act of 1996 to increase the authoriza- woman of the House Interior Appro- the project. tion of appropriations for the Van- priations Subcommittee, Julia Butler However, I believe that more can and couver National Historic Reserve and Hansen, Congressman Don Bonker, and should be done to keep this project for the preservation of Vancouver Bar- Congresswoman Jolene Unsoeld, among moving ahead. We must never forget racks; to the Committee on Energy and many others, the tremendous resources our cultural, political, and economic Natural Resources. of the site have been protected for fu- heritage, and our historic resources Ms. CANTWELL. Madam President, I ture generations. help educate and remind us of those am introducing legislation today that President Truman signed legislation origins. That is why we have come to- will reauthorize Federal participation in 1948 that first authorized for Fort gether to introduce this legislation in the historic preservation efforts of Vancouver National Monument. The that will authorize additional federal one of the most historically significant act allowed the War Assets Adminis- spending on the project. sites in the Pacific Northwest, the Fort tration to transfer surplus property in I look forward to working with Sen- Vancouver National Historic Reserve. Vancouver Barracks to the Secretary ator MURRAY and others on the Appro- The Historic Reserve is rich in cul- of the Interior. On June 30, 1954, the priations Committee to move this leg- tural and historic national signifi- National Monument was officially es- islation quickly and continuing cance, pre-dating the arrival of Lewis tablished and the nearly 60 acres of the progress on this significant project for and Clark through the mid-20th cen- Vancouver Barracks were transferred the Pacific Northwest and our Nation. tury. For more than 10,000 years, Na- to the National Park Service. Finally, tive American groups inhabited the the site was designated as a National By Mr. CLELAND: prairies along the Columbia River that Historic Site in 1961. S. 1650. A bill to amend the Public include the site of present-day Van- In 1996, the expanded, 366-acre Van- Health Service Act to change provi- couver and the historic reserve. couver National Historic Reserve was sions regarding emergencies; to the Located on the great American wa- established to protect all of the histori- Committee on Health, Education, terway, the Columbia River, the Van- cally significant historical areas with- Labor, and Pensions. couver National Historic Reserve site in adjacent to the barracks. The re- Mr. CLELAND. Madam President, became the base of Columbia region op- serve includes Fort Vancouver, the the events of the past month have pre- erations for the Hudson’s Bay Trading Vancouver Barracks, Officers’ Row, sented the agencies of the Federal Gov- Company in the early 19th century. As Pearson Field, the Water Resources ernment with a challenge like none we my colleagues know, Hudson’s Bay was Education Center, and portions of the have ever seen. The anthrax attacks in the powerful British fur trading com- Columbia River waterfront. The sites Florida, New York, New Jersey, and pany that vied for control of the trap- serve as an enormously significant re- Washington have placed unprecedented ping industry in Western lands of the source in Southwest Washington. demands on both the public health and present-day United States, even before The restoration of the barracks alone law enforcement arms of the Federal political control of those lands were es- is an enormously important project to Government. Yet, in spite of the fact tablished. At its peak, the company stimulate the economic revitalization that the men and women of the Federal built an enormous network through of Vancouver. Last year, Congress au- Government have never before encoun- the region, with Fort Vancouver as the thorized the transfer of the 16 buildings tered circumstances like these, I am administrative headquarters and sup- that comprise the West Barracks to the pleased to say that, by and large, their ply depot for the hundreds of employ- City of Vancouver, and the partners in- response has been exceptional, and I ees at dozens of posts in the region. would like to thank them for their cou- Fort Vancouver became a trade cen- volved in this tremendous project have rageous efforts. However, as might be ter for the Western territories, with devised a Cooperative Management expected, this latest trial has exposed a goods arriving frequently from Europe Plan that identifies $40 million in nec- number of weaknesses in our bioter- and the Hawaiian Islands and large essary spending to replace failing in- quantities of furs and other natural re- frastructure and rehabilitate the 16 rorism response mechanism which we source products returned to London. buildings to the standards established must now act swiftly to remedy. The Fort came to serve as a hub for nu- under the National Historic Preserva- The Federal response to the anthrax merous other developing industries, in- tion Act. crisis has revealed some uncertainty cluding sawmills, dairies, shipbuilders, The Partner’s Cooperative Manage- with regard to the precise roles as- fishers and tanneries. In essence, Fort ment Plan for the Historic Reserve signed to each of the several Federal Vancouver truly served as a historic calls for the Barracks to be reused pri- agencies with responsibilities in such foundation for the development of the marily for historic preservation, edu- situations and with regard to coordina- entire Pacific Northwest region. cation, and other forms of public use. tion between these agencies and the But this history of the trapping in- But the location of the site near the dissemination of public information. dustry is not the only significant as- heart of Vancouver and the potential For example, while the CDC took the pect of this site. The Fort also served for drawing additional economic activ- lead in testing anthrax samples from as the Northwest’s military adminis- ity back to the city make this vitally Florida, the anthrax samples found in trative headquarters beginning in 1849. important for Southwest Washington. New York and Washington were col- The United States Army continuously The public-private partnership plan lected by the FBI and sent, not to the occupied the Vancouver Barracks at for the Barracks has also developed a CDC, but to DoD labs for testing. By the historic reserve site for 150 years. cost-sharing plan between federal, sending these samples to different fa- In the 1920’s, the Army created a small state, and private sources to locate the cilities, not only are we duplicating airfield for the Army Air Corps, which necessary funds and perform the ren- services, but, more importantly, we is now the site of the oldest operating ovation during the next four to six run the risk of critical results not airfield in the Nation, Pearson Airfield. years. While we at the Federal level being expeditiously reviewed by the ap- In the 1930’s, the Fort was used as a have contributed to the project in re- propriate health officials thereby unac- training camp for those participating cent years, the State of Washington ceptably increasing the response time in the Civilian Conservation Corps’ re- and the City of Vancouver have also in what is quite literally a life and forestation program. And, during committed significant resources, and death situation. World War II, General George C. Mar- the Vancouver National Historic Re- I believe the uncertainty that has shall presided over the Barracks and serve Trust has initiated aggressive ef- prevailed as to the proper role of the resided on Officer’s Row. forts to raise funds quickly. I have CDC in a bioterrorist incident, particu- Thanks to the wisdom, respect for worked this year, and my colleague larly vis-a-vis law enforcement agen- history, and foresight of numerous in- Senator MURRAY has successfully cies, is largely due to ambiguity in

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.002 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21937 present statutes and regulations. Presi- My Public Health Emergencies Ac- don’t talk to each another soon enough dential Decision Directive 39 of 1995 countability Act is an attempt to or completely enough. The Public clearly designates the FBI as the over- eliminate the confusion of the current Health Emergencies Accountability all lead federal agency for domestic system and address the immediate Act will put an end to that. terrorism incidents. At the same time, threats stemming from this uncer- I ask unanimous consent that the per last year’s Public Health Threats tainty. In proposing this measure, I am text of the bill be printed in the and Emergencies Act, P.L. 106–505, if building upon current law by clarifying RECORD. the Secretary of Health and Human the role of the CDC when acting during There being no objection, the bill was Services determines, after consulting a public health emergency. Further- ordered to be printed in the RECORD, as with the Director of the CDC, that a more, my measure is consistent with follows: public health emergency exists, the the proposed Kennedy-Frist Bioter- S. 1650 Secretary is authorized to take such rorism Preparedness Act and builds on Be it enacted by the Senate and House of Rep- action as may be appropriate to re- our work in last year’s Public Health resentatives of the United States of America in spond to the public health emergency, Threats and Emergencies Act. We have Congress assembled, including conducting and supporting already had to endure the consequences SEC. 1. SHORT TITLE. investigations into the cause, treat- of the current confusion over the im- This Act may be cited as the ‘‘Public ment, or prevention of a disease. Fur- portant, but distinct, roles of public Health Emergencies Accountability Act’’. ther, the Federal Response Plan des- health and law enforcement in respond- SEC. 2. AMENDMENT TO THE PUBLIC HEALTH ignates HHS as the primary federal ing to terrorist attacks. It is our re- SERVICE ACT. agency for the medical and public Part B of title III of the Public Health sponsibility to act immediately to rec- Service Act (42 U.S.C. 243 et seq.) is amended health response to emergencies. So it tify this situation in order to assure seems that, under current law and reg- by striking section 319 and inserting the fol- public health, safety, and security. lowing: ulation, the FBI is the lead agency in The Public Health Emergencies Ac- ‘‘SEC. 319. PUBLIC HEALTH EMERGENCIES. the event of a terrorist attack, and countability Act changes current law ‘‘(a) EMERGENCIES.—If the Secretary deter- HHS has significant authority to act in in several ways. First, it redefines mines, after consultation with the Director the event of a public health emergency. ‘‘public health emergency’’ to include of the Centers for Disease Control and Pre- But if a terrorist attack is also a public chemical and radiological attacks, in vention and other public health officials as health emergency, as has been the case addition to bioterrorism, and to make may be necessary, that— of late, it is not readily evident who is suspected as well as proven such at- ‘‘(1) a disease or disorder presents a public in charge. Clearly, both the FBI and health emergency; or tacks eligible for emergency designa- ‘‘(2) a detected or suspected public health the CDC have essential roles in such a tion. Second, as under last year’s Pub- situation. These roles are distinct but emergency, including significant outbreaks lic Health Threats and Emergencies do occasionally overlap, necessitating of infectious diseases or terrorist attacks in- Act, the Secretary of HHS, acting in volving biological, chemical, or radiological a clarification of how precisely the consultation with CDC, is given the au- weapons, otherwise exists, agencies are to coordinate with one an- thority to determine the existence of a the Secretary may take such action as may other in a bioterrorism crisis. be appropriate to respond to the public While the law enforcement and pub- public health emergency, and to re- spond to such an emergency by making health emergency, including making grants lic health response to terrorist attacks and entering into contracts and, acting are both vital, in the event of a public grants and conducting investigations. My measure provides additional au- through the Centers for Disease Control and health emergency, the unique life and Prevention, conducting and supporting in- death health ramifications of such an thority for the Secretary and CDC in vestigations into cause, treatment, or pre- attack mandate, in my view, that pub- these cases to take the lead in ‘‘direct- vention of a disease or disorder as described lic health experts take the lead role in ing the response of other Federal de- in paragraphs (1) and (2), directing the re- investigating and treating the attack. partments and agencies’’ and in ‘‘dis- sponse of other Federal departments and Bioterrorism is a new arena for us all, seminating necessary information’’ to agencies with respect to the safety of the the general public. Third, the time pe- general public and Federal employees and fa- including the CDC and in such un- cilities, and disseminating necessary infor- charted territory nothing we do can riod of the emergency is to be set by the Secretary and is not to exceed 180 mation to assist States, localities, and the guarantee that no mistakes will be general public in responding to a disease or made. However, with adequate funding days, but may be extended by the Sec- disorder as described in paragraphs (1) and and armed with their training and ex- retary after notification of Congress (2). pertise, the public health experts of the and other Federal agencies. ‘‘(b) DETERMINATION.—A determination of CDC constitute our best defense Finally, and most importantly, the an emergency by the Secretary under sub- against this emerging threat. There- determination of a public health emer- section (a) shall supersede all other provi- fore, the measure I am introducing gency by the Secretary of HHS, in con- sions of law with respect to actions and re- sponsibilities of the Federal Government, today will clarify the role of the CDC sultation with CDC, is made the defin- ing action in clarifying who should but in all such cases the Secretary shall keep and minimize the problems caused by the relevant Federal departments and agen- bureaucratic infighting over agency take the lead role in handling a bio- cies, including but not limited to the Depart- roles, thereby preventing time from be- logical, chemical or radiological at- ment of Justice, the Federal Bureau of Inves- coming an additional enemy. tack. Thus, when it is determined that tigation, the Office of Homeland Security, Law enforcement agencies and the a given situation does not rise to the and the committees of Congress listed in CDC have equally important, but sepa- level of a public health emergency, law subsection (f), fully and currently informed. rate, roles in the event of a terrorist enforcement will assume the lead posi- ‘‘(c) FULL DISCLOSURE.—In cases involving, attack involving biological, chemical, tion. On the other hand, when the Sec- or potentially involving, a public health retary of HHS has identified and de- emergency, but where no determination of or radiological weapons. Such an at- an emergency by the Secretary, under the tack allows us absolutely no room for clared a public health emergency, pub- provisions of subsection (a), has been made, confusion over these roles, however, as lic health and the CDC will take the all relevant Federal departments and agen- evidenced by the tragic results of the leading role. In either case, my pro- cies, including but not limited to the Depart- current anthrax attacks. While I am posal mandates that the lead agency ment of Justice, the Federal Bureau of Inves- eagerly awaiting further definition of keep all other relevant authorities, in- tigation, the Office of Homeland Security, the role of the new Office of Homeland cluding the Congress, fully and cur- shall keep the Secretary and the Centers for Security and I will support giving it rently informed. If there is one mes- Disease Control and Prevention and the com- the necessary authority to get the job sage that emerges time and time again mittees of Congress listed in subsection (f), fully and currently informed. done, the American people cannot af- about shortcomings in the Federal ‘‘(d) PUBLIC HEALTH EMERGENCY FUND.— ford any delay in eliminating existing Government’s current response to ter- ‘‘(1) IN GENERAL.—There is established in uncertainties in the federal response to rorism, especially bioterrorism, it is the Treasury a fund to be designated as the bioterrorism. that the relevant Federal agencies ‘‘Public Health Emergency Fund’’ to be

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.002 S07NO1 21938 CONGRESSIONAL RECORD—SENATE November 7, 2001 made available to the Secretary without fis- the table to resolve a wide range of dif- There being no objection, the bill was cal year limitation to carry out subsection ficult national issues. ordered to be printed in the RECORD, as (a) only if a public health emergency has The North Dakota Consensus Council follows: been declared by the Secretary under such S. 1651 subsection. There is authorized to be appro- in my home State serves as a model for priated to the Fund such sums as may be this national proposal. In North Da- Be it enacted by the Senate and House of Rep- necessary. kota, the Consensus Council has helped resentatives of the United States of America in ‘‘(2) REPORT.—Not later than 90 days after to find common ground on the use of Congress assembled, the end of each fiscal year, the Secretary grasslands in the western part of the SECTION 1. SHORT TITLE. shall prepare and submit to the Committee State, the structure of judgeships This Act may be cited as the ‘‘United on Health, Education, Labor, and Pensions across the State, and flood mitigation States Consensus Council Act of 2001’’. SEC. 2. FINDINGS AND PURPOSE. and the Committee on Appropriations of the efforts in the Red River Valley. By Senate and the Committee on Commerce and (a) FINDINGS.—Congress finds that— the Committee on Appropriations of the bringing together all of the interested (1) throughout the Nation there is increas- House of Representatives a report describ- parties, the North Dakota Consensus ing success in the use of collaborative and ing— Council was able to find solutions to consensus-building approaches to address ‘‘(A) the expenditures made from the Pub- problems that had previously seemed critical public policy issues at the national, lic Health Emergency Fund in such fiscal unsurmountable. Washington, DC, is State, and local levels; year; and ripe with opportunity for the same (2) there is a need for a national Council ‘‘(B) each public health emergency for kind of consensus building and medi- that can promote and conduct consensus- building processes that primarily address which the expenditures were made and the ation. We can not only build on the ex- activities undertaken with respect to each legislative policy issues of national impor- emergency which was conducted or sup- perience of consensus building in North tance; ported by expenditures from the Fund. Dakota, but similar successes in Mon- (3) such a Council may enroll specific ‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds tana, Florida, Oregon and many other stakeholders, both public and private, to appropriated under this section shall be used States. build agreements that ultimately may be to supplement and not supplant other Fed- The United States Consensus Council implemented by Congress, Federal agencies, eral, State, and local public funds provided would bring people together and then or other policymaking bodies; (4) such a Council will strive to create pub- for activities under this section. help to develop recommendations. ‘‘(f) EMERGENCY DECLARATION PERIOD.—A lic policy agreements that integrate dif- determination by the Secretary under sub- These recommendations would be advi- fering perspectives into highest common de- section (a) that a public health emergency sory, subject to normal legislative or nominator solutions; exists shall remain in effect for a time period regulatory processes. The board of di- (5) the establishment of such a Council is specified by the Secretary but not longer rectors would be appointed by the an appropriate investment by the people of than the 180-day period beginning on the President and the bipartisan Congres- this Nation in a capacity that works in co- date of the determination. Such period may sional leadership. The council would operation with Congress, the executive be extended by the Secretary if the Sec- remain neutral on substantive policy branch, and others and complements current retary determines that such an extension is public policymaking processes on selected appropriate and notifies the Committee on matters. issues; Health, Education, Labor, and Pensions of The Council would focus primarily on (6) the existence of such a Council could the Senate and the Committee on Appropria- issues that Congressional leaders and contribute especially to resolving differences tions of the Senate and the Committee on the White House have agreed are appro- on contentious policy issues, preventing po- Commerce of the House of Representatives priate. These could be issues that are larization on emerging policy issues and ad- and the Committee on Appropriations of the contentious or deadlocked, or they dressing issues of complexity that involve House of Representatives.’’. could be emerging issues where medi- multiple parties and perspectives; ation could help to prevent later polar- (7) the establishment of such a Council By Mr. DORGAN (for himself, Mr. may contribute significantly to a renewed ization. BROWNBACK, and Mr. CONRAD): sense of civility and respect for differences, S. 1651. A bill to establish the United The Council’s role will be to design while at the same time promoting vigorous States Consensus Council to provide and conduct processes that lead to interchange and open communications for consensus building process in ad- common ground on effective public pol- among those with differing points of view; icy for a particular issue. The Council and dressing national public policy issues, (8) the Council may become a repository of and for other purposes; to the Com- could be called upon to convene key stakeholders in face-to-face meetings wisdom and experience on public policy col- mittee on Governmental Affairs. laboration and consensus-building that can Mr. DORGAN. Madam President, over time to build agreements on com- be shared with public and private sector pol- today I am introducing legislation that plex issues. icymakers and the public in the interest of would create the United States Con- The legislation authorizes $5 million promoting more effective public policy and sensus Council. This council would be a for the first year and would also allow the increased use of collaborative processes. (b) PURPOSE.—The purpose of this Act is to non-profit, quasi-governmental entity private contributions to the Council. The Council would not be a part of the establish an independent, nonprofit, national that would serve both the legislative Council to serve the people and the Govern- and executive branches of government. Federal Government and its employees ment by constructing an adjunct to the ex- Its role would be to build agreements would not be considered Federal work- isting legislative and regulatory process that among stakeholders primarily on legis- ers. seeks to produce consensus on Federal policy lative issues where there are diverse I have long been a supporter of build- issues through collaborative processes open and conflicting views and bring these ing consensus and finding ways to to key stakeholders. agreements back to Congress or other reach compromise. I believe that this SEC. 3. DEFINITIONS. decision-makers for action. legislation could help the Congress and In this Act, the term— the administration to find that middle (1) ‘‘Board’’ means the Board of Directors Leaders from the Administration and of the Council; the Congress have worked together in ground. There are so many important (2) ‘‘Council’’ means the United States recent weeks to respond to the ter- issues that get deadlocked in Wash- Consensus Council established under this rorist attacks against our country. ington, and this approach will help to Act; and This has shown the benefit of working break that logjam. Recent weeks have (3) ‘‘Director’’ means an individual ap- across party lines to develop consensus shown that it can be done. I hope that pointed to the Board of Directors of the on a variety of policy issues. At a time this bill will allow it to happen more Council. when the Nation is unified and focused often. I look forward to working with SEC. 4. UNITED STATES CONSENSUS COUNCIL. on these unprecedented challenges, the my colleagues on both sides of the aisle (a) ESTABLISHMENT.—There is established to move this bill through the process. the United States Consensus Council. Consensus Council can help institu- (b) STATUS; RESTRICTIONS.—The Council is tionalize this spirit of comity. The I ask unanimous consent that the an independent nonprofit corporation and Council can provide ongoing support to text of this bill be printed in the shall be treated as an organization described Congress by bringing stakeholders to RECORD. under 170(c)(2)(B) of the Internal Revenue

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.002 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21939 Code of 1986. The Council does not have the (D) develop and publish a common set of the House of Representatives, or officers or power to issue any shares of stock or to de- facts to inform and assist consensus-building employees of the United States appointed by clare or pay any dividends. The Council is processes; the Minority Leader of the House of Rep- not an agency or instrumentality of the (E) establish ground rules, including mat- resentatives. United States. ters related to confidentiality, representa- (c) TERM OF OFFICE: COMMENCEMENT AND (c) ESTABLISHMENT OF OR AFFILIATION WITH tion of counsel, and ex parte communica- TERMINATION, INTERIM AND REMAINDER SERV- A UNITED STATES CONSENSUS COUNCIL FOUN- tions; ICE, LIMITATION.— DATION.—As determined by the Board, the (F) work to promote consensus among the (1) TERM OF OFFICE.—Directors appointed Council may establish or affiliate with a stakeholders by methods such as negotia- under subsection (b) of this section shall be nonprofit legal entity which is capable of re- tion, discussion, meetings, and any other appointed to 4-year terms, with no Director ceiving, holding, expending, and investing process of dispute resolution; serving more than 2 consecutive terms ex- public or private funds for purposes in fur- (G) build and construct agreements among cept that— therance of the Council under this Act. Such stakeholders; (A) as designated by the President, the legal entity may be designated as the (H) draft, present, and submit rec- terms of 4 of the Directors initially ap- ‘‘United States Consensus Council Founda- ommendations to the legislative, executive, pointed under subsection (b)(1) shall be 2 tion’’. or judicial body with oversight of the par- years, subject to appointment to no more (d) TRADE NAME AND TRADEMARK RIGHTS; ticular issue; and than 2 additional 4-year terms in the manner VESTED RIGHTS PROTECTED; CONDITION FOR (I) provide training and technical assist- set forth in this section; USE OF FEDERAL IDENTITY.— ance in response to the request of a depart- (B) as designated by the Speaker of the (1) IN GENERAL.—The Council has the sole ment, agency, or instrumentality of the Gov- House of Representatives, the terms of the 2 and exclusive right to use and to allow or ernment to investigate, examine, study, and Directors initially appointed under sub- refuse others the use of the terms ‘‘United report on any issue within the Council’s section (b)(4) shall be 2 years, subject to ap- States Consensus Council’’ and ‘‘United competence. pointment to no more than 2 additional 4- States Consensus Council Foundation’’ and (3) OTHER ACTIVITIES.—The Council also year terms in the manner set forth in this the use of any official United States Con- may engage in any other activity consistent section; and sensus Council emblem, badge, seal, and with its mission. (C) as designated by the Minority Leader of other mark of recognition or any colorable (c) GENERAL AUTHORITY.—The Council may simulation thereof. the House of Representatives, the terms of do any and all lawful acts necessary or desir- the 2 Directors initially appointed under sub- (2) UNITED STATES REFERENCES.—The Coun- able to carry out the objectives and purposes cil may use ‘‘United States’’ or ‘‘U.S.’’ or section (b)(5) shall be 2 years, subject to ap- of this Act. pointment to no more than 2 additional 4- any other reference to the United States (d) GUIDELINES FOR COUNCIL OPERATIONS.— Government or Nation in its title or in its year terms in the manner set forth in this As necessary, the Council shall develop section. corporate seal, emblem, badge, or other guidelines, through its bylaws or otherwise, (2) INTERIM SERVICE.—Any Director ap- mark of recognition or colorable simulation to address— pointed to the Board may continue to serve thereof in any fiscal year only if there is an (1) policies relating to personal service until his or her successor is appointed. authorization of appropriations, or appro- contracts; (3) REMAINDER SERVICE.—Any Director ap- priations, for the Council for such fiscal year (2) standards to ensure that the Council, pointed to the Board to replace a Director provided by law. its Directors, employees, and agents, avoid whose term has not expired shall be ap- SEC. 5. POWERS AND DUTIES. conflicts of interest that may arise; pointed to serve the remainder of that term. (a) DISTRICT OF COLUMBIA NONPROFIT-COR- (3) fundraising policies, donor development (4) PRESIDENT OF COUNCIL.—The President PORATE POWERS.—The Council may exercise programs, and matters related to the accept- of the Council shall serve as a nonvoting Di- the powers conferred upon a nonprofit cor- ance of private donations; rector of the Board. poration by the District of Columbia Non- (4) the duties and responsibilities of the profit Corporation Act (D.C. Code, sec. 29–301 (d) QUALIFICATIONS.—A demonstrated in- Council, its Board, officers, employees, and terest in the mission of the Council or exper- et seq.) consistent with this Act. agents; and (b) DESCRIPTION OF SPECIFIC ACTIVITIES.— tise in consensus building may be considered (5) the establishment of advisory commit- in appointments made under this section. (1) IN GENERAL.—Acting through the Board, tees, councils, or other bodies, as the effi- the Council may— (e) REMOVAL FROM OFFICE.—A Director cient administration of the business and pur- may be removed by a process to be deter- (A) promote and advance programs based poses of the Council may require. mined by the Council’s bylaws. on consensus building as a complement to (e) ADMINISTRATIVE SERVICES FROM GEN- (f) MEETINGS; NOTICE IN FEDERAL REG- the current deliberative processes employed ERAL SERVICES ADMINISTRATION.—The Coun- ISTER.—Meetings of the Board shall be con- by Congress and the executive branch; cil may obtain administrative support serv- ducted pursuant to the Council’s bylaws, ex- (B) enter into formal and informal rela- ices from the Administrator of General Serv- cept as provided in the following: tionships with other institutions, public and ices and use all sources of supply and serv- (1) MEETINGS; QUORUM.—The Board shall private, for purposes not inconsistent with ices of the General Services Administration meet at least semiannually. A majority of this Act; on a reimbursable basis. the Directors in office shall constitute a (C) receive referrals from Congress, the SEC. 6. BOARD OF DIRECTORS. quorum for any Board meeting. President, executive departments, agencies, (a) VESTED POWERS.—The powers of the (2) OPEN MEETINGS.—All official governing private groups, or organizations that request Council shall be vested in a Board of Direc- meetings of the Board shall be open to public the Council’s expertise in building a con- tors unless otherwise specified in this Act. observation and shall be preceded by reason- sensus on a particular public policy issue; (b) APPOINTMENTS.—The Board of Directors able public notice. Notice in the Federal (D) coordinate with, make referrals to and shall consist of 16 voting members as follows: Register shall be deemed to be reasonable receive referrals from, other consensus- (1) Eight individuals, including private public notice for purposes of the preceding building instrumentalities of the United citizens, State or local employees, or officers sentence. In exceptional circumstances, the States, including the United States Institute or employees of the United States, appointed Board may close those portions of a meeting, for Environmental Conflict Resolution or the by the President, except that no more than 4 upon a majority vote of Directors present Federal Mediation and Conciliation Service; of such individuals may share the same po- and with the vote taken in public session, and litical party affiliation. which are likely to disclose information or (E) develop and apply assessment plans for (2) Two individuals, including private citi- that may adversely affect any ongoing pro- the purpose of reviewing such referrals. zens, State or local employees, Senators, or ceeding or activity or to disclose informa- (2) CONSENSUS-BUILDING PROCESS.—Acting officers or employees of the United States, tion or matters exempted from public disclo- through the Board, the Council may, for appointed by the Majority Leader of the Sen- sure under subsection (c) of section 552b of each consensus-building process— ate. title 5. (A) consider such factors as issue com- (3) Two individuals, including private citi- (g) COMPENSATION.—Directors shall be com- plexity, cost, ripeness, likelihood of partici- zens, State or local employees, Senators, or pensated at a rate not to exceed the daily pation by key stakeholders, and any other officers or employees of the United States equivalent of the rate payable for a position relevant indices that may assist the Council appointed by the Minority Leader of the Sen- at level IV of the Executive Schedule under in determining whether to accept a referral; ate. section 5315 of title 5, United States Code, for (B) identify any appropriate facilitator for (4) Two individuals, including private citi- each day during which they are engaged in the negotiation process; zens, State or local employees, Members of the performance of the duties of the Council. (C) identify the key stakeholders involved the House of Representatives, or officers or The Directors shall not be employees of the or interested in the outcome of a particular employees of the United States appointed by United States. issue, including those individuals who have the Speaker of the House of Representatives. (h) TRAVEL EXPENSES.—While away from the authority to implement the Council’s (5) Two individuals, including private citi- home or regular place of business in the per- recommendations; zens, State or local employees, Members of formance of duties for the Board, a Director

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.002 S07NO1 21940 CONGRESSIONAL RECORD—SENATE November 7, 2001 may receive reasonable travel, subsistence, (B) all Council bylaws, rules, regulations, bring needed reform to Federal agri- and other necessary expenses. and guidelines; culture programs that have perpet- SEC. 7. OFFICERS AND EMPLOYEES. (C) required minutes of proceedings; uated Federal control over prices and (a) APPOINTMENT, COMPENSATION, AND STA- (D) all applications and proposals and production. TUS OF PRESIDENT OF COUNCIL AND OTHER OF- issued or received contracts and grants; and While the 1996 farm bill modernized FICERS.—There shall be a President who shall (E) financial records of the Council. be appointed by the Board. The President (2) INSPECTION.—All items required by this Federal agriculture policy for some shall be the chief executive officer of the subsection may be inspected by any Director commodities, the sugar program, how- Council and shall carry out or cause to be or any agent or attorney of a Director for ever, only realized minor reforms. As a carried out the functions of the Council sub- any proper purpose at any reasonable time. result, trade opportunities for other ject to the supervision and direction of the (e) AUDITS.—The accounts of the Council agriculture producers have been ham- Board. shall be audited annually in accordance with pered, and Americans have been twice (1) COMPENSATION OF PRESIDENT OF THE generally accepted auditing standards by affected, both as consumers and tax- COUNCIL.—The President of the Council shall independent certified public accountants or be compensated at an annual rate of pay not independent licensed public accountants, payers. to exceed the rate payable for a position at certified or licensed by a regulatory author- A GAO report released in June 2000, level II of the Executive Schedule under sec- ity of a State or other political subdivision presents information suggesting the tion 5313 of title 5, United States Code. of the United States. The audit shall be con- Federal sugar program is not serving (2) ASSIGNMENT OF FEDERAL OFFICERS OR ducted at the place or places where the ac- consumers and taxpayers well. That re- EMPLOYEES TO THE COUNCIL.—The Council counts of the Council are normally kept. All port, an update to a 1993 report on the may request the assignment of any Federal books, accounts, financial records, files, and same matter, estimated that the sugar officer or employee to the Council by an ap- other papers, things, and property belonging propriate executive department, agency, or program resulted in net losses to the to or in use by the Council and necessary to U.S. economy of about $700 million in congressional official or Member of Congress facilitate the audit shall be made available and may enter into an agreement for such to the person or persons conducting the 1996, and about $900 million in 1998. assignment, if the affected officer or em- audit, and full facilities for verifying trans- Moreover, it found that the primary ployee agrees to such assignment and such actions with the balances or securities held beneficiaries of the sugar program’s assignment causes no prejudice to the sal- by depositories, fiscal agents, and custodians higher prices are domestic sugar beet ary, benefits, status, or advancement within shall be afforded to such person or persons. and cane producers who were estimated the department, agency, or congressional (f) REPORT TO CONGRESS; COPIES FOR PUB- to receive benefits of about $800 million staff of such officer or employee. LIC.—The Council shall provide a report to (3) PERSONNEL.—The President of the in 1996 and nearly $1 billion in 1998. the President and to each House of Congress In terms of trade opportunities, the Council, with the approval of the Board, may not later than 6 months following the close appoint and fix the compensation of such ad- of the fiscal year for which the audit is sugar program harms other agricul- ditional personnel as determined necessary. made. The report shall set forth such state- tural producers by slowing efforts to The President and employees of the Council ments of the Council’s activities for the open foreign markets for American shall not be employees of the United States. prior year. The report shall be made avail- farm products. As long as the United (4) COMPENSATION FOR SERVICES OR EX- able to the public. States uses restrictive sugar import PENSES; PROHIBITION ON LOANS TO COUNCIL DI- SEC. 9. FUNDING. quotas to stiffle trade, these counties RECTORS AND PERSONNEL.— (a) AUTHORIZATION OF APPROPRIATIONS.— have a ready excuse not to drop their (A) IN GENERAL.—No part of the financial (1) IN GENERAL.—For the purpose of car- own trade barriers. resources, income, or assets of the Council or rying out this Act, there are authorized to be of any legal entity created by the Council The Sugar Program Reform Act, appropriated $5,000,000 for fiscal year 2002 which I am pleased to introduce with shall inure to any agent, employee, officer, and such sums as may be necessary for suc- or Director or be distributable to any such ceeding fiscal years. Senate MCCAIN, will finally bring person during the life of the corporation or (2) AVAILABILITY.—Funds appropriated major change to the sugar program. It upon dissolution or final liquidation. Noth- under the authority of paragraph (1) shall re- will accomplish that goal by: reducing ing in this section may be construed to pre- main available until expended. support prices and ending them after vent the payment of reasonable compensa- (b) TRANSFER OF UNOBLIGATED FUNDS; RE- 2004; requiring that loans be repaid tion for services or expenses to the Direc- PORTS OF USE OF FUNDS TO CONGRESS AND tors, officers, employees, and agents of the ending sugar processors’ ability to turn PRESIDENT.—The Board may transfer to the Council in amounts approved in accordance over surplus sugar to the government legal entity authorized to be established instead of repaying the amounts they with this Act. under section 4(c) any funds not obligated or (B) LOANS.—The Council shall not make expended from appropriations to the Council have borrowed; and assuring adequate loans to its Directors, officers, employees, or for a fiscal year, and such funds shall remain supplies, requiring that import quotas agents. available for obligation or expenditure for be administered to maintain prices at SEC. 8. PROCEDURES AND RECORDS. the purposes of such legal entity without re- no more than the price support level (a) MONITORING AND EVALUATION OF PRO- gard to fiscal year limitations. Any use by established by Congress. GRAMS.—The Council shall monitor and such legal entity of appropriated funds shall When the Senate considers legisla- evaluate and provide for independent evalua- be reported to each House of Congress and to tion if necessary of programs supported in tion to reauthorize farm programs, I the President. whole or in part under this Act to ensure look forward to a spirited debate on that the provisions of this Act and the by- SEC. 10. DISSOLUTION OR LIQUIDATION. the necessity of reforming policies that laws, rules, regulations, and guidelines pro- Upon dissolution or final liquidation of the have not served the best interests of mulgated under this Act are adhered to. Council, all income and assets appropriated taxpayers or the agricultural commu- by the United States to the Council, but not (b) ACCOUNTS OF RECEIPTS AND DISBURSE- nity at large. MENTS; FINANCIAL REPORTS.—The Council any other funds, shall revert to the United shall keep correct and complete books and States Treasury. I ask unanimous consent that the records of accounts, including separate and text of the bill be printed in the distinct accounts of receipts and disburse- By Mr. SANTORUM (for himself RECORD. ments of Federal funds. The Council’s annual and Mr. MCCAIN); There being no objection, the bill was financial report shall identify the use of such S. 1652. A bill to amend the Agricul- ordered to be printed in the RECORD, as funding and shall present a clear description tural Market Transition Act to convert follows: of the full financial situation of the Council. S. 1652 (c) MINUTES OF PROCEEDINGS.—The Council the price support program for sugar- shall keep minutes of the proceedings of its cane and sugar beets into a system of Be it enacted by the Senate and House of Rep- Board and of any committees having author- solely recourse loans and to provide for resentatives of the United States of America in ity under the Board. the gradual elimination of the pro- Congress assembled, (d) RECORD AND INSPECTION OF REQUIRED gram; to the Committee on Agri- SECTION 1. SHORT TITLE. ITEMS.— culture, Nutrition, and Forestry. This Act may be cited as the ‘‘Sugar Pro- (1) IN GENERAL.—The Council shall keep a Mr. SANTORUM. Madam President, I gram Reform Act’’. record of— SEC. 2. RECOURSE LOANS FOR PROCESSORS OF (A) the names and addresses of its Direc- rise today to introduce the Sugar Pro- SUGARCANE AND SUGAR BEETS AND tors, copies of this Act, and any other Act re- gram Reform Act. This bill is a con- REDUCTION IN LOAN RATES. lating to the Council; tinuation of my ongoing efforts to (a) GRADUAL REDUCTION IN LOAN RATES.—

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(1) SUGARCANE PROCESSOR LOANS.—Section (1) PRICE SUPPORT FOR NONBASIC AGRICUL- Section 16(d) of the Victims of Violent 156(a) of the Agricultural Market Transition TURAL COMMODITIES.— Crime Compensation Act of 1996 (sec. 4– Act (7 U.S.C. 7272(a)) is amended by striking (A) DESIGNATED NONBASIC AGRICULTURAL 515(d), D.C. Official Code), as amended by ‘‘equal to 18 cents per pound for raw cane COMMODITIES.—Section 201(a) of the Agricul- section 403 of the Miscellaneous Appropria- sugar.’’ and inserting the following: ‘‘, per tural Act of 1949 (7 U.S.C. 1446(a)) is amended tions Act, 2001 (as enacted into law by sec- pound for raw cane sugar, equal to the fol- by striking ‘‘milk, sugar beets, and sugar- tion 1(a)(4) of the Consolidated Appropria- lowing: cane’’ and inserting ‘‘and milk’’. tions Act, 2001), is amended— ‘‘(1) In the case of raw cane sugar processed (B) OTHER NONBASIC AGRICULTURAL COM- (1) by striking ‘‘in excess of $250,000’’; and from the 1996 through 2000 crops, $0.18. MODITIES.—Section 301 of the Agricultural (2) by striking ‘‘and approved by’’ and all ‘‘(2) In the case of raw cane sugar processed Act of 1949 (7 U.S.C. 1447) is amended by in- that follows and inserting a period. from the 2001 crop, $0.17. serting ‘‘(other than sugarcane and sugar (b) The amendments made by subsection ‘‘(3) In the case of raw cane sugar processed beets)’’ after ‘‘title II’’. (a) shall take effect as if included in the en- from the 2002 crop, $0.16. (2) POWERS OF COMMODITY CREDIT CORPORA- actment of section 403 of the Miscellaneous ‘‘(4) In the case of raw cane sugar processed TION.—Section 5(a) of the Commodity Credit Appropriations Act, 2001. from the 2003 crop, $0.15. Corporation Charter Act (15 U.S.C. 714c(a)) is On page 12, line 7, after ‘‘Agency,’’ insert ‘‘(5) In the case of raw cane sugar processed amended by inserting ‘‘(except for the 2005 the following: ‘‘the Governor of the State of from the 2004 crop, $0.14.’’. and subsequent crops of sugarcane and sugar Maryland and the Governor of the Common- (2) SUGAR BEET PROCESSOR LOANS.—Section beets)’’ after ‘‘agricultural commodities’’. wealth of Virginia, the county executives of 156(b) of the Agricultural Market Transition (3) SECTION 32 ACTIVITIES.—Section 32 of the contiguous counties of the region’’. Act (7 U.S.C. 7272(b)) is amended by striking Act of August 24, 1935 (7 U.S.C. 612c), is Page 12, line 7, after ‘‘and’’ and before ‘‘equal to 22.9 cents per pound for refined amended in the second sentence of the first ‘‘state’’ insert the following: ‘‘the respec- beet sugar.’’ and inserting the following: ‘‘, paragraph by inserting ‘‘(other than sugar- tive’’. per pound of refined beet sugar, that re- cane and sugar beets)’’ after ‘‘commodity’’ Page 12, line 8, after ‘‘emergency’’ and be- flects— the last place it appears. fore ‘‘plan’’ insert: ‘‘operations’’. Page 13, line 14, strike ‘‘$500,000’’ and in- ‘‘(1) an amount that bears the same rela- (f) ASSURANCE OF ADEQUATE SUPPLIES OF sert: ‘‘$250,000’’. tion to the loan rate in effect under sub- SUGAR.—Section 902 of the Food Security Page 13, line 15, strike ‘‘McKinley Tech- section (a) for a crop as the weighted average Act of 1985 (7 U.S.C. 1446g note; Public Law nical High School’’ and insert the following: of producer returns for sugar beets bears to 99–198) is amended by striking subsection (a) ‘‘Southeastern University’’. the weighted average of producer returns for and inserting the following: Page 13, line 16, strike ‘‘Southeastern Uni- sugarcane, expressed on a cents per pound ‘‘(a) IN GENERAL.—Beginning with the versity’’ and insert the following: ‘‘McKinley basis for refined beet sugar and raw cane quota year for sugar imports that begins Technical High School.’’. sugar, for the most recent 5-year period for after the 2000/2001 quota year, the President Page 13, line 14, insert after ‘‘students;’’: which data are available; and shall use all authorities available to the ‘‘$250,000 for Lightspan, Inc. to implement ‘‘(2) an amount that covers sugar beet President as may be necessary to enable the the eduTest.com program in the District of processor fixed marketing expenses.’’. Secretary of Agriculture to ensure that ade- Columbia Public Schools;’’. (b) CONVERSION TO RECOURSE LOANS.—Sec- quate supplies of raw cane sugar are made Page 16, line 3, strike ‘‘U.S. Soccer Foun- tion 156(e) of the Agricultural Market Tran- available to the United States market at dation, to be used’’ and insert: ‘‘Washington, sition Act (7 U.S.C. 7272(e)) is amended— prices that are not greater than the higher D.C. Sports and Entertainment Commission (1) in paragraph (1), by inserting ‘‘only’’ of— which in coordination with the U.S. Soccer after ‘‘this section’’; and ‘‘(1) the world sugar price (adjusted to a de- Foundation, shall use the funds’’. (2) by striking paragraph (2) and inserting livered basis); or Page 17, line 18, insert after ‘‘families’’ the the following: ‘‘(2) the raw cane sugar loan rate in effect following: ‘‘and children without parents, ‘‘(2) NATIONAL LOAN RATES.—Recourse under section 156 of the Agricultural Market due to the September 11, 2001 terrorist at- loans under this section shall be made avail- Transition Act (7 U.S.C. 7272), plus inter- tacks on the District of Columbia,’’. able at all locations nationally at the rates est.’’. Page 18, line 8, after ‘‘Provided,’’ and before specified in this section, without adjustment f ‘‘That’’ insert the following: ‘‘That funds to provide regional differentials.’’. AMENDMENTS SUBMITTED AND made available in such Act for the Wash- (c) CONVERSION TO PRIVATE SECTOR FINANC- ington Interfaith Network (114 Stat. 2444) ING.—Section 156 of the Agricultural Market PROPOSED shall remain available for the purposes in- Transition Act (7 U.S.C. 7272) is amended— SA 2109. Ms. LANDRIEU (for herself and tended until December 31, 2001: Provided,’’. (1) by redesignating subsection (i) as sub- Mr. DEWINE) proposed an amendment to the Page 34, line 4, District of Columbia section (j); bill H.R. 2944, making appropriations for the Funds—Public Works, insert after ‘‘avail- (2) by inserting after subsection (h) the fol- government of the District of Columbia and able’’: ‘‘Provided, That $1,550,000 made avail- lowing: other activities chargeable in whole or in able under the District of Columbia Appro- ONVERSION TO PRIVATE SECTOR FI- ‘‘(i) C part against the revenues of said District for priations Act, 2001 (Public Law 106–522) for NANCING.—Notwithstanding any other provi- the fiscal year ending September 30, 2002, and taxicab driver security enhancements in the sion of law— for other purposes. District of Columbia shall remain available ‘‘(1) no processor of any of the 2005 or sub- SA 2110. Mrs. HUTCHISON (for herself and until September 30, 2002.’’. sequent crops of sugarcane or sugar beets Mr. SESSIONS) proposed an amendment to the Page 37, line 4, insert the following after shall be eligible for a loan under this section bill H.R. 2944, supra. ‘‘service’’: ‘‘Notwithstanding any other pro- with respect to the crops; and SA 2111. Mr. DURBIN (for himself and Mrs. vision of law, the District of Columbia is ‘‘(2) the Secretary may not make price sup- BOXER) proposed an amendment to the bill hereby authorized to make any necessary port available, whether in the form of loans, H.R. 2944, supra. payments related to the ‘‘District of Colum- payments, purchases, or other operations, SA 2112. Mr. DORGAN proposed an amend- bia Emergency Assistance Act of 2001’’: Pro- for any of the 2005 and subsequent crops of ment to the bill H.R. 2944, supra. vided, That the District of Columbia shall sugar beets and sugarcane by using the funds SA 2113. Ms. LANDRIEU (for herself and use local funds for any payments under this of the Commodity Credit Corporation or Mr. DEWINE) proposed an amendment to the heading: Provided further, That the Chief Fi- other funds available to the Secretary.’’; and bill H.R. 2944, supra. nancial Officer shall certify the availability (3) in subsection (j) (as redesignated by f of such funds, and shall certify that such paragraph (1))— funds are not required to address budget (A) by striking ‘‘subsection (f)’’ and insert- TEXT OF AMENDMENTS shortfalls in the District of Columbia.’’. ing ‘‘subsections (f) and (i)’’; and Page 63, line 8, after ‘‘expended.’’ insert the (B) by striking ‘‘2002’’ and inserting ‘‘2004’’. SA 2109. Ms. LANDRIEU (for herself, following new subsection: (d) TERMINATION OF MARKETING QUOTAS and Mr. DEWINE) proposed an amend- ‘‘(C) AVAILABILITY OF FY 2001 BUDGET RE- AND ALLOTMENTS.— ment to the bill H.R. 2944, making ap- SERVE FUNDS.—For fiscal year 2001, any (1) TERMINATION.—Part VII of subtitle B of propriations for the government of the amount in the budget reserve shall remain title III of the Agricultural Adjustment Act District of Columbia and other activi- available until expended.’’. of 1938 (7 U.S.C. 1359aa et seq.) is repealed. ties chargeable in whole or in part Page 68, line 6, insert the following as a (2) CONFORMING AMENDMENT.—Section against the revenues of said District new General Provision: 344(f)(2) of the Agricultural Adjustment Act SEC. 137. To waive the period of Congres- of 1938 (7 U.S.C. 1344(f)(2)) is amended by for the fiscal year ending September 30, sional review of the Closing of Portions of striking ‘‘sugar cane for sugar, sugar beets 2002, and for other purposes; as follows: 2nd and N Streets, N.E. and Alley System in for sugar,’’. On page 6, line 25, insert the following Square 710, S.O. 00–97, Act of 2001. Notwith- (e) OTHER CONFORMING AMENDMENTS.— after ‘‘inserting ‘‘1,100’’.’’: standing section 602(c)(1) of the District of

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