[Congressional Record Volume 147, Number 153 (Wednesday, November 7, 2001)]
[Senate]
[Pages S11552-S11562]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           PROTECTING THE SITES HONORING THOSE WHO PROTECT US

  Mr. CAMPBELL. Madam President, today, 4 days before Veterans Day, I 
introduce legislation that would recognize and protect the sanctity of 
veterans' memorials. Currently, there is no comprehensive Federal law 
to protect veterans' memorials, which is why I am introducing the 
Veterans' Memorial Preservation and Recognition Act of 2001.
  My bill would prohibit the desecration of veterans' memorials, 
provide for repairs of veterans memorials and permit guide signs to 
veterans' cemeteries on Federal-aid highways.
  Under this legislation, someone who willfully desecrates any type of 
monument commemorating those in the Armed Forces on public property 
would be fined or put in jail. The violator would be subject to a civil 
penalty in addition to the fine, equal to the cost of repairing the 
damage.
  The funds generated by these penalties would then go into a Veterans' 
Memorial Restoration Fund, established by the Secretary of Veterans' 
Affairs, to make those monies available for the repair of the damaged 
memorials. But the vandals won't be the only ones contributing to the 
fund; individuals and veterans' organizations could also make donations 
and get a charitable contribution deduction. In essence, this would be 
a new way to provide for the repair of veterans' memorials without any 
new appropriation or providing other Federal funding.
  The second part of this bill would permit states to place 
supplemental guide signs for veterans' cemeteries on Federal-aid 
highways. These veterans' cemeteries deserve recognition; by allowing 
signs to be posted, we pay our respect to these sites by offering 
direction to them. It is my goal to make these important sites easily 
accessible.
  Our veterans, living and lost, are a reminder of our unity. Those who 
served in our Armed Services are more than just symbols of freedom and 
justice in the midst of conflict and during times of peace.
  They are real people, integral to our entire population, who enrich 
our day-to-day lives with their proud service, with their personal 
accounts of war, their organizations of service, and their expressions 
of deep-down American pride. Not only have we lost many of these brave 
men and women in conflict, but we lose thousands of them forever each 
year as the veteran population ages. We have to honor their sacrifices 
by protecting the sites that recognize them.
  It is a shame that there is no comprehensive federal law to protect 
veterans' memorials.
  Sometimes they are the only tangible reminders we have of courageous 
service to this country. We can easily read about those brave Americans 
who served in war, but it's not always easy to gather more than just 
hard facts from newspapers or history books. Being in the presence of a 
statue or memorial structure can evoke a deeper response. We can walk 
around it, sometimes we can touch it, and oftentimes we can see the 
names of each brave American who died in conflict.
  Madam President, the timing of this bill is appropriate. This Sunday, 
November 11, we will recognize Veterans' Day, which informally began as 
a series of memorial gestures to celebrate the end of World War I in 
1918. Three years later, on the eleventh hour of the eleventh day of 
the eleventh month, an unknown American soldier of the war was buried 
on a hillside in Arlington Cemetery, overlooking the Potomac River. 
This site became a summit of veneration for Americans everywhere. 
Similarly, at Westminster Abbey in England and the Arc de Triomphe in 
France, an unknown soldier was buried in each of these places of 
highest honor.
  These three memorial sites are symbols of our reverence; it is only 
appropriate that we do everything we can to preserve sites like these 
across America.
  There are hundreds of veterans' memorials, on public property, here 
in the United States. From nationally-known places such as Iwo Jima, to 
smaller sites such as the Colorado Veterans' Memorial across from the 
capitol in Denver, each is a site where we go to heal and to remember. 
As a veteran myself, I am committed to seeing that not a single one is 
stripped of its dignity.
  I encourage my colleagues to work together for swift consideration of 
this timely and important legislation. I have the support of several 
veterans' organizations, who have offered words of encouragement for 
this bill. These Americans know, firsthand, the concept of service. 
Let's honor what they and thousands of others have done to preserve our 
freedom.
  Madam President, I thank the Chair and ask unanimous consent that 
letters of support from the American Legion, Rolling Thunder, Inc., and 
the Paralyzed Veterans of America be printed in the Record.
  There being no objection, the letters were ordered to be printed in 
the Record, as follows:

                                          The American Legion,

                                 Washington, DC, November 6, 2001.
     Hon. Ben Nighthorse Campbell,
     U.S. Senate, Russell Senate Office Building, Washington, DC.
       Dear Senator Campbell: On behalf of the 2.9 million members 
     of The American Legion, I would like to express full support 
     for the Veterans' Memorial Preservation and Recognition Act. 
     We applaud your efforts to prohibit the desecration of 
     veterans' memorials, and to permit guide signs to veterans 
     cemeteries on federal highways.

[[Page S11553]]

       The American Legion recognizes the need to preserve the 
     sanctity and solemnity of veterans' memorials. These historic 
     monuments serve not only to honor the men and women of the 
     nation's armed services, but to educate future generations of 
     the sacrifices endured to preserve the freedoms and liberties 
     enjoyed by all Americans.
       Once again, The American Legion fully supports the 
     Veterans' Memorial Preservation and Recognition Act. We 
     appreciate your continued leadership in addressing the issues 
     that are important to veterans and their families.
           Sincerely,

                                           Steve A. Robertson,

                                                Director, National
     Legislative Commission.
                                  ____



                                        Rolling Thunder, Inc.,

                           Neshanic Station, NJ, November 5, 2001.
     Senator Ben ``Nighthorse'' Campbell,
     Russell Senate Office Building,
     Washington, DC.
       Honorable Ben Campbell: I am sending this letter in support 
     of Bill, ``Veterans Memorial Preservation and Recognition Act 
     of 2001.
       Rolling Thunder National and our members are in full 
     support of this bill. Those who destroy and deface any 
     Veterans Memorial should be punished and made to pay full 
     restitution for the damages they have caused. Many Americans 
     have fought and died for the freedom of all Americans and 
     their Memorials should be honored and respected by all.
       I thank you for your help and support to all American 
     Veterans.
           Sincerely,
                                               Sgt., Artie Muller,
     National President.
                                  ____



                                Paralyzed Veterans of America,

                                 Washington, DC, November 5, 2001.
     Hon. Ben Nighthorse Campbell,
     U.S. Senate,
     Washington, DC.
       Dear Senator Campbell: On behalf of the Paralyzed Veterans 
     of America (PVA) I am writing to offer our support for the 
     ``Veterans' Memorial Preservation and Recognition Act of 
     2001.''
       Memorials to the men and women who have served this Nation, 
     in times of war and in times of peace, are tokens of our 
     gratitude for their service, and their sacrifice. They are 
     tangible reminders of our past, and an inspiration for our 
     future. For this reason they are well worth protecting and 
     preserving. This legislation addresses both of these goals.
       Again, thank you for introducing the ``Veterans' Memorial 
     Preservation and Recognition Act of 2001.''
       Sincerely,
                                                Richard B. Fuller,
                                    National Legislative Director.
                                 ______
                                 
      By Mr. HELMS:
  S. 1645. A bill to provide for the promotion of democracy and rule of 
law in Belarus and for the protection of Belarus' sovereignty and 
independence; to the Committee on Foreign Relations.
  Mr. HELMS. Madam President, on top of the mayhem and slaughter in New 
York and at the Pentagon in Washington last September, a travesty 
against democracy occurred, again, in Belarus. Aleksandr Lukashenka, 
the dictator controlling this country, stole through intimidation and 
repression, the presidential elections that took place on September 9.
  Tragic as the events in our own country were and as serious an 
undertaking as the war against terrorism will continue to be, we must 
not overlook the brutality and injustice of a regime such as the one 
led by Lukashenka, especially in the heart of Europe.
  For this reason, I am introducing today the Belarus Democracy Act of 
2001, the purpose of which is to support the people in Belarus who are 
struggling, often at great peril to their lives, to revive democracy, 
and to reconsolidate their country's declining independence and 
sovereignty.
  Democracy has been crushed in Belarus by a fanatical dictatorship 
that can only be described as a brutal throwback to the Soviet era. 
Aleksandr Lukashenka is an authoritarian obsessed with recreating the 
former Soviet Union, which he believes he will ultimately lead. Because 
of Lukashenka, Belarus has emerged as a dark island of repression, 
censorship, and command economy in a region of consolidating 
democracies.
  Belarus has tragically become the Cuba of Europe. Nonetheless, the 
people of Belarus have not succumbed to Lukashenka. Independent 
newspapers struggle to publish. The leadership of the parliament he 
unconstitutionally dismissed refuses to concede legitimacy to his sham 
regime. Scores of non-governmental organizations fight to promote the 
rule of law and to protect fundamental human rights. The vibrancy of 
Belarus's struggling civil society has been made evident by the 
``Freedom Marches'' that have attracted literally tens of thousands of 
Belarusians to the streets of Minsk and countless other anti-Lukashenka 
demonstrations elsewhere in Belarus.
  Their agenda is the promotion of a free, independent, democratic and 
Western-oriented Belarus, a sharp contrast to Lukashenka's efforts to 
reanimate the former Soviet Union.
  This is an agenda not without risk. Those who have dared to take a 
stand against Lukashenka have disappeared. Yuri Zakharenko disapproved 
soon after he resigned his post as Lukashenka's Minister of Interior 
and began working with the opposition. Opposition leader Victor Gonchar 
and his colleague, Anatoly Krasovsky, vanished just hours after 
Lukashenka, in a drooling rage broadcast on state television, called 
upon his henchmen to crackdown on the ``opposition scum.''
  Other opposition leaders such as Andrei Klimov, have been imprisoned 
under harsh conditions simply for expressing their opposition to 
Lukashenka's regime.
  This regime has tried to crush opposition marches with truncheon-
wielding riot police. The independent press and non-governmental 
organizations promoting democracy, rule of law and human rights in 
Belarus are subject to constant government harassment, intimidation, 
arrests, fines, beatings, and murder. Dmitry Zavadsky, a cameraman for 
Russian television, known for his critical reporting of the Lukashenka 
regime, disappeared under mysterious circumstances.

  If passed, this bill will impose sanctions against the Lukashenka 
regime. It will deny international assistance to his government. It 
will freeze Belarusian assets in the United States. It will prohibit 
trade with the Lukashenka government and businesses owned by that 
government. It will also deny officials of the Lukashenka government 
the right to travel to the United States.
  And, if Lukashenka continues to surrender Belarusian sovereignty, 
this bill will strip his government of the diplomatic properties it 
currently enjoys in the United States. Indeed, if he is successful in 
his warped effort to recreate the Soviet Union, the Government of 
Belarus will sadly have no need for these properties.
  This bill supports our Nation's vision of Europe that is democratic, 
free and undivided. That vision will never be fulfilled as long as 
Belarus suffers under the tyranny of Aleksandr Lukashenka. It is our 
moral and strategic interest to support those fighting for democracy 
and freedom in Belarus and the return of their country to the European 
community of free states.
  To ignore this struggle for democracy and freedom and to turn an 
indifferent eye upon Lukashenka's effort to reconstruct the former 
Soviet Union would be a grave error. Not only would it be immoral, it 
would be strategically shortsighted.
  Allowing Moscow to reabsorb a state that was once independent and 
democratic would only whet Moscow's appetite to restore the old Soviet 
borders. That would set a precedent that would only jeopardize the 
security of Ukraine, Lithuania, Latvia, and Estonia. Indulging 
antiquated Russian imperial pretensions would also undercut the 
prospects for democratic reform in Russia.
  For these reasons the Belarus Democracy Act of 2001 authorizes $30 
million in assistance to restore and strengthen the institutions of 
democratic government in Belarus. It specifically urges the President 
of the United States to furnish assistance to political parties in 
Belarus committed to those goals.
  It expands the resources available to support radio broadcasting into 
Belarus that will facilitate the flow of uncensored information to the 
people of Belarus.
  The September elections in Belarus were stained by the Lukashenka 
regime's cruel suppression of democratic and human rights. Let the 
Belarus Democracy Act be America's response to Europe's last dictator, 
Aleksandr Lukashenka.
  I ask unanimous consent the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1645

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S11554]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Belarus Democracy Act of 
     2001''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the United States has a vital interest in the 
     consolidation and strengthening of the independence and 
     sovereignty of the Republic of Belarus and its integration 
     into the European community of democracies;
       (2) the United States supports the promotion of democracy, 
     the rule of law, and respect for human rights in Belarus;
       (3) in November 1996, Belarusian President Aleksandr 
     Lukashenka orchestrated an illegal and unconstitutional 
     referendum that enabled him to impose upon the Belarusian 
     people a new constitution, abolish the old parliament, the 
     13th Supreme Council, replace it with a rubber stamp 
     legislature, and extend his term office to 2001;
       (4) in May 1999, the Belarusian opposition challenged 
     Lukashenka's illegal extension of his presidential term by 
     staging alternative presidential elections and these 
     elections were met with repression;
       (5) the Belarusian opposition has organized peaceful 
     demonstrations against the Lukashenka regime in cities and 
     towns throughout Belarus, including the Freedom I March of 
     October 17, 1999, the Freedom II March of March 15, 2000, and 
     the Chernobyl Way March of April 26, 2000, each of which took 
     place in Minsk and involved tens of thousands of Belarusians;
       (6) the Lukashenka regime has responded to these peaceful 
     marches with truncheon-swinging security personnel, mass 
     arrests, extended incarcerations, and beatings;
       (7) Andrei Klimov, a member of the last democratically 
     elected Parliament in Belarus remains imprisoned under harsh 
     conditions for his political opposition to Lukashenka;
       (8) Victor Gonchar, Yuri Krasovsky, and Yuri Zakharenka, 
     who have been leaders and supporters of the opposition, have 
     disappeared under mysterious circumstances;
       (9) former Belarus government officials, including four 
     police investigators, have come forward with credible 
     allegations and evidence that top officials of the Lukashenka 
     regime were involved in the murders of opposition figures 
     Yury Zakharenka, Victor Gonchar, Anatol Krasovsky, Dmitry 
     Zavadsky, and scores of other people.
       (10) the Lukashenka regime systematically harasses and 
     persecutes the independent media and actively suppresses 
     freedom of speech and expression;
       (11) Dmitry Zavadsky, a cameraman for Russian public 
     television, known for his critical reporting of the 
     Lukashenka regime, disappeared under mysterious 
     circumstances;
       (12) the Lukashenka regime harasses the autocephalic 
     Belarusian Orthodox Church, the Roman Catholic Church, 
     evangelical churches, and other minority groups;
       (13) Lukashenka advocates and actively promotes a merger 
     between Russia and Belarus, and initiated negotiations and 
     signed December 8, 1999, the Belarus-Russia Union Treaty even 
     though he lacks the necessary constitutional mandate to do 
     so;
       (14) the Belarusian opposition denounces these intentions 
     and has repeatedly called upon the international community to 
     ``unambiguously announce the nonrecognition of any 
     international treaties concluded by Lukashenka'';
       (15) the United States, the European Union, the NATO 
     Parliamentary Assembly, the OSCE Parliamentary Assembly, and 
     other international bodies continue to recognize the 13th 
     Supreme Council as the legal Belarusian Parliament;
       (16) the parliamentary elections of October 15, 2000, 
     conducted by Aleksandr Lukashenka were illegitimate and 
     unconstitutional;
       (17) these elections were plagued by violent human rights 
     abuses committed by his regime, including the harassment, 
     beatings, arrest, and imprisonment of members of the 
     opposition;
       (18) these elections were conducted in the absence of a 
     democratic election law;
       (19) the presidential election of September 2001 was 
     fundamentally unfair and featured significant and abusive 
     misconduct by the regime of Aleksandr Lukashenka, including--
       (A) the harassment, arrest, and imprisonment of opposition 
     leaders;
       (B) the denial of opposition candidates equal and fair 
     access to the dominant state-controlled media;
       (C) the seizure of equipment and property of independent 
     nongovernmental organizations and press organizations and the 
     harassment of their staff and management;
       (D) voting and vote counting procedures that were not 
     transparent; and
       (E) a campaign of intimidation directed against opposition 
     activists, domestic election observation organizations, 
     opposition and independent media, and a libelous media 
     campaign against international observers; and
       (20) the last parliamentary election in Belarus deemed to 
     be free and fair by the international community took place in 
     1995 and from it emerged the 13th Supreme Soviet whose 
     democratically and constitutionally derived authorities and 
     powers have been usurped by the authoritarian regime of 
     Aleksandr Lukashenka.

     SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN 
                   BELARUS.

       (a) Purposes of Assistance.--The assistance under this 
     section shall be available for the following purposes:
       (1) To assist the people of Belarus in regaining their 
     freedom and to enable them to join the international 
     community of democracies.
       (2) To restore and strengthen institutions of democratic 
     government in Belarus.
       (3) To encourage free and fair presidential and 
     parliamentary elections in Belarus, conducted in a manner 
     consistent with internationally accepted standards and under 
     the supervision of internationally recognized observers.
       (4) To sustain and strengthen international sanctions 
     against the Lukashenka regime in Belarus.
       (b) Authorization for Assistance.--To carry out the 
     purposes of subsection (a), the President is authorized to 
     furnish assistance and other support for the activities 
     described in subsection (c) and primarily for indigenous 
     Belarusian political parties and nongovernmental 
     organizations.
       (c) Activities Supported.--Activities that may be supported 
     by assistance under subsection (b) include--
       (1) democratic forces, including political parties, 
     committed to promoting democracy and Belarus' independence 
     and sovereignty;
       (2) democracy building;
       (3) radio and television broadcasting to Belarus;
       (4) the development and support of nongovernmental 
     organizations promoting democracy and supporting human rights 
     both in Belarus and in exile;
       (5) the development of independent media working within 
     Belarus and from locations outside of Belarus and supported 
     by nonstate-controlled printing facilities;
       (6) international exchanges and advanced professional 
     training programs for leaders and members of the democratic 
     forces in skill areas central to the development of civil 
     society; and
       (7) the development of all elements of democratic 
     processes, including political parties and the ability to 
     conduct free and fair elections.
       (d) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the President $30,000,000 for the fiscal year 2002.
       (2) Availability of funds.--Amounts appropriated pursuant 
     to paragraph (1) are authorized to remain available until 
     expended.

     SEC. 4. AUTHORIZED FUNDING FOR RADIO BROADCASTING IN AND INTO 
                   BELARUS.

       (a) In General.--The purpose of this section is to augment 
     support for independent and uncensored radio broadcasting in 
     and into Belarus that will facilitate the dissemination of 
     information in a way that is not impeded by the government of 
     Lukashenka.
       (b) Allocation of Funds.--Not less than $5,000,000 made 
     available under section 3 shall be available only for 
     programs that facilitate and support independent broadcasting 
     into and in Belarus on AM and FM bandwidths, including 
     programming from the Voice of America and RFE/RL, 
     Incorporated.
       (c) Reporting on Radio Broadcasting to and in Belarus.--Not 
     later than 120 days after the date of enactment of this Act, 
     the Secretary of State shall submit to the Committee on 
     Foreign Relations of the Senate and the Committee on 
     International Relations of the House of Representatives a 
     report on how funds allocated under subsection (b) will be 
     used to provide AM and FM broadcasting that covers the 
     territory of Belarus and delivers to the people of Belarus 
     programming free from censorship of the government of 
     Lukashenka.

     SEC. 5. SANCTIONS AGAINST THE LUKASHENKA REGIME.

       (a) Applications of Measures.--The sanctions described in 
     this section and sections 6, 8, and 9, shall apply with 
     respect to Belarus until the President determines and 
     certifies to the appropriate congressional committees that 
     the Government of Belarus has made significant progress in 
     meeting the conditions described in subsection (b).
       (b) Conditions.--The conditions referred to in subsection 
     (a) are the following:
       (1) The release of all those individuals who have been 
     jailed for their political views.
       (2) The withdrawal of politically motivated legal charges 
     against all opposition figures.
       (3) The provision of a full accounting of those opposition 
     leaders and journalists, including Victor Gonchar, Yuri 
     Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, who have 
     disappeared under mysterious circumstances, and the 
     prosecution of those individuals who are responsible for 
     those disappearances.
       (4) The cessation of all forms of harassment and repression 
     against the independent media, nongovernmental organizations, 
     and the political opposition.
       (5) The implementation of free and fair presidential and 
     parliamentary elections.
       (c) International Financial Institutions.--The Secretary of 
     the Treasury shall instruct the United States executive 
     directors of the international financial institutions to 
     oppose, and vote against, any extension by those institutions 
     of any financial assistance (including any technical 
     assistance or grant) of any kind to the Government of 
     Belarus, except for loans and assistance that serve basic 
     human needs.
       (d) International Financial Institutions Defined.--In this 
     section, the term international financial institution 
     includes the

[[Page S11555]]

     International Monetary Fund, the International Bank for 
     Reconstruction and Development, the International Development 
     Association, the International Finance Corporation, the 
     Multilateral Investment Guaranty Agency, and the European 
     Bank for Reconstruction and Development.

     SEC. 6. BLOCKING BELARUSIAN ASSETS IN THE UNITED STATES.

       (a) Blocking of Assets.--All property and interests in 
     property, including all commercial, industrial, or public 
     utility undertakings or entities, that are owned in whole or 
     in part by the Government of Belarus, or by any member of the 
     senior leadership of Belarus, that are in the United States, 
     that hereafter come within the United States, or that are or 
     hereafter come within the possession or control of United 
     States persons, including their overseas branches, are hereby 
     blocked.
       (b) Exercise of Authorities.--The Secretary of the 
     Treasury, in consultation with the Secretary of State, shall 
     take such actions, including the promulgation of regulations, 
     orders, directives, rulings, instructions, and licenses, and 
     employ all powers granted to the President by the 
     International Emergency Economic Powers Act, as may be 
     necessary to carry out subsection (a).
       (c) Prohibited Transfers.--Transfers prohibited under 
     subsection (b) include payments or transfers of any property 
     or any transactions involving the transfer of anything of 
     economic value by any United States person to the Government 
     of Belarus, or any person or entity acting for or on behalf 
     of, or owned or controlled, directly or indirectly, by that 
     government, or to any member of the senior leadership of 
     Belarus.
       (d) Payment of Expenses.--All expenses incident to the 
     blocking and maintenance of property blocked under subsection 
     (a) shall be charged to the owners or operators of such 
     property, which expenses shall not be met from blocked funds.
       (e) Prohibitions.--The following shall be prohibited as of 
     the date of enactment of this Act:
       (1) The exportation to any entity owned, controlled, or 
     operated by the Government of Belarus, directly or 
     indirectly, of any goods, technology, or services, either--
       (A) from the United States;
       (B) requiring the issuance of a license for export by a 
     Federal agency; or
       (C) involving the use of United States registered vessels 
     or aircraft, or any activity that promotes or is intended to 
     promote such exportation.
       (2) The performance by any United States person of any 
     contract, including a financing contract, in support of an 
     industrial, commercial, or public utility operated, 
     controlled, or owned by the Government of Belarus.
       (f) Exceptions.--Notwithstanding any other provision of 
     this section, this section does not apply to--
       (1) assistance provided under section 3 or 4 of this Act;
       (2) those materials described in section 203(b)(3) of the 
     International Emergency Economic Powers Act relating to 
     informational materials; or
       (3) materials being sent to Belarus as relief in response 
     to a humanitarian crisis.
       (g) Statutory Construction.--Nothing in this Act prohibits 
     any contract or other financial transaction with any private 
     or nongovernmental organization or business in Belarus.

     SEC. 7. DENYING ENTRY INTO THE UNITED STATES TO BELARUSIAN 
                   OFFICIALS.

       It is the sense of Congress that the President should use 
     his authority under section 212(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(f)) to suspend the entry into 
     the United States of any alien who--
       (1) holds a position in the senior leadership of the 
     Government of Belarus; or
       (2) is a spouse, minor child, or agent of a person 
     inadmissible under paragraph (1).

     SEC. 8. PROHIBITION ON STRATEGIC EXPORTS TO BELARUS.

       No computers, computer software, goods intended to 
     manufacture or service computers, no technology intended to 
     manufacture or service computers, or any other goods or 
     technology may be exported to or for use by the Government of 
     Belarus, or by any of the following entities of that 
     government:
       (1) The military.
       (2) The police.
       (3) The prison system.
       (4) The national security agencies.

     SEC. 9. PROHIBITION ON LOANS AND INVESTMENT.

       (a) United States Government Financing.--No loan, credit 
     guarantee, insurance, financing, or other similar financial 
     assistance may be extended by any agency of the United States 
     Government (including the Export-Import Bank and the Overseas 
     Private Investment Corporation) to the Government of Belarus.
       (b) Trade and Development Agency.--No funds made available 
     by law may be available for activities of the Trade and 
     Development Agency in or for Belarus.
       (c) Third Country Action.--Congress urges the Secretary of 
     State to encourage all other countries, particularly European 
     countries, to suspend any of their own programs providing 
     support similar to that described in subsection (a) or (b) to 
     the Government of Belarus, including the rescheduling of 
     repayment of the indebtedness of that government under more 
     favorable conditions.
       (d) Prohibition on Private Credits.--No United States 
     person may make or approve any loan or other extension of 
     credit, directly or indirectly, to the Government of Belarus 
     or to any corporation, partnership, or other organization 
     that is owned, operated, or controlled by the Government of 
     Belarus.

     SEC. 10. DENIAL OF GSP.

       (a) Finding.--Congress finds that the Government of Belarus 
     has failed to respect internationally recognized worker 
     rights.
       (b) Denial of GSP Benefits.--Congress approves the decision 
     of the United States Government to deny tariff treatment 
     under title V of the Trade Act of 1974 (the Generalized 
     System of Preferences (GSP)) to Belarus.

     SEC. 11. MULTILATERAL SANCTIONS.

       It is the sense of Congress that the President should 
     continue to seek to coordinate with other countries, 
     particularly European countries, a comprehensive, 
     multilateral strategy to further the purposes of this Act, 
     including, as appropriate, encouraging other countries to 
     take measures similar to those described in this Act.

     SEC. 12. OWNERSHIP AND USE OF DIPLOMATIC AND CONSULAR 
                   PROPERTIES.

       It is the sense of Congress that, if an undemocratic and 
     illegitimate Government of Belarus, enters into a union with 
     the Russian Federation that results in the loss of 
     sovereignty for Belarus, the United States should immediately 
     withdraw any and all privileges and immunities under the 
     Vienna Convention on Diplomatic Relations enjoyed by the 
     personnel and property of the Government of Belarus and 
     demand the immediate departure of such personnel from the 
     United States.

     SEC. 13. REPORTS.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, and every year thereafter, the 
     President shall submit a report to the appropriate 
     congressional committees reporting on--
       (1) assistance and commerce received by Belarus from other 
     foreign countries during the previous 12-month period;
       (2) the sales of weapons and weapons-related technologies 
     from Belarus during that 12-month period;
       (3) the relationship between the Lukashenka regime and the 
     Government of the Russian Federation; and
       (4) the personal assets and wealth of Aleksandr Lukashenka 
     and other senior leaders of the Government of Belarus.
       (b) Report Elements.--Each report required by subsection 
     (a) shall, for the period covered by the report, contain, to 
     the extent such information is known--
       (1) a description of all assistance, including humanitarian 
     assistance, provided to the Government of Belarus by foreign 
     governments and multilateral institutions;
       (2) a description of Belarus' commerce with foreign 
     countries, including the identification of Belarus' chief 
     trading partners and the extent of such trade;
       (3) a description of joint ventures completed, or under 
     construction by foreign nationals involving facilities in 
     Belarus; and
       (4) an identification of the countries that purchase or 
     have purchased, arms or military supplies from Belarus or 
     that have come into agreements with the Belarus Government 
     that have a military application, including--
       (A) a description of the military supplies, equipment, or 
     other material sold, bartered, or exchanged between Belarus 
     and such countries; and
       (B) a listing of the goods, services, credits, or other 
     consideration recieved by the Belarus government in exchange 
     for military supplies, equipment, or material.

     SEC. 14. SENSE OF CONGRESS.

       Congress hereby--
       (1) expresses its support to those in Belarus seeking--
       (A) to promote democracy and the rule of law, to 
     consolidate the independence and sovereignty of Belarus; and
       (B) to promote its integration into the European community 
     of democracies;
       (2) expresses its grave concern about the disappearances of 
     Victor Gonchar, Yuri Krasovsky, Yuri Zakharenka, Dmitry 
     Zavadsky, and other members of the opposition and press;
       (3) calls upon Lukashenka's regime to cease its persecution 
     of political opponents and to release those, including Andrei 
     Klimov, who have been imprisoned for opposing his regime;
       (4) calls upon the Lukashenka regime to respect the basic 
     freedoms of speech, expression, assembly, association, 
     language, and religion;
       (5) calls upon Lukashenka to allow parliamentary and 
     presidential elections to be conducted that are free, fair, 
     and fully meet international standards;
       (6) calls upon the Government of Russia, the State Duma, 
     and the Federation Council to end its support, including 
     financial support, to the Lukashenka regime and to fully 
     respect the sovereignty and independence of the Republic of 
     Belarus;
       (7) calls upon the Government of Belarus to resolve the 
     continuing constitutional and political crisis through free, 
     fair, and transparent elections, including, as called for by 
     the Organization for Security and Cooperation in Europe 
     (OSCE), of which Belarus is a member--
       (A) respect for human rights;
       (B) an end to the current climate of fear;
       (C) opposition and meaningful access to state media;

[[Page S11556]]

       (D) modification of the electoral code to make the code 
     more democratic;
       (E) engaging in genuine talks with the opposition; and
       (F) permitting real power for the parliament.
       (8) calls upon other governments to refuse to use as 
     diplomatic residences or for any other purpose properties 
     seized by the Lukashenka regime from the Belarusian political 
     opposition;
       (9) calls upon the international community, including the 
     Government of Russia, to refuse to ratify or accept any 
     treaty signed by Aleksandr Lukashenka or any other official 
     of his government.
       (10) commends the democratic opposition in Belarus for 
     their commitment to freedom, their courage in the face of 
     Lukashenka's brutal repression, and the unity and cooperation 
     their various political parties and nongovernmental 
     organizations demonstrated during the October 2000 
     parliamentary elections and the October 2001 presidential 
     elections and calls upon the democratic opposition of Belarus 
     to sustain that unity and cooperation as part of the effort 
     to bring an end to Lukashenka's dictatorship.

     SEC. 15. DEFINITIONS.

       In this Act:
       (1) Senior leadership of belarus.--The term ``senior 
     leadership of Belarus'' includes--
       (A) the President, Prime Minister, Deputy Prime Ministers, 
     government ministers, and deputy ministers of Belarus;
       (B) the Governor of the National Bank of Belarus;
       (C) officials of the Belarus Committee for State Affairs 
     (BKGB), the police, and any other organ of repression;
       (D) any official of the Government of Belarus involved in 
     the suppression of freedom in Belarus, including judges and 
     prosecutors;
       (E) any official of the Government of Belarus directly 
     appointed by Aleksandr Lukashenka; and
       (F) officials of the presidential administration.
       (2) United states.--The term ``United States'' means the 
     States of the United States, the District of Columbia, and 
     any commonwealth, territory, dependency, or possession of the 
     United States.
       (3) United states person.--The term ``United States 
     person'' means any United States resident or national (other 
     than an individual resident outside the United States and 
     employed by other than a United States person), any domestic 
     concern (including any permanent domestic establishment of 
     any foreign concern) and any foreign subsidiary or affiliate 
     (including any permanent foreign establishment) of any 
     domestic concern which is controlled in fact by such domestic 
     concern, as determined under regulations of the President.
                                 ______
                                 
      By Mr. BINGAMAN (for himself and Mr. Domenici):
  S. 1646. A bill to identify certain routes in the states of Texas, 
Oklahoma, Colorado, and New Mexico as part of the Ports-to-Plains 
Corridor, a high priority corridor on the National Highway System; to 
the Committee on Environmental and Public Works.
  Mr. BINGAMAN. Madam President, I rise today to introduce legislation 
that will enhance the future economic vitality of communities in Union 
and Colfax Counties and throughout all of Northeastern New Mexico. By 
improving the transportation infrastructure, I believe this legislation 
will also help promote tourism across all of northern New Mexico.
  The bill we are introducing today completes the designation of the 
route for the Ports-to-Plains High Priority Corridor, which runs 1,000 
miles from Laredo, Texas, to Denver, CO. I am honored to have my 
colleague, Senator Domenici, as a cosponsor of the bill.
  I continue to believe strongly in the importance of highway 
infrastructure for economic development in my State. Even in this age 
of the new economy and high-speed digital communications, roads 
continue to link our communities together and to carry the commercial 
goods and products our citizens need. Safe and efficient highways are 
especially important to citizens in the rural parts of New Mexico.
  It is well known that regions with four-lane highways will more 
readily attract out-of-state visitors and new jobs. Travelers prefer 
the safety of a four-lane highway rather than sharing a two-lane road 
with a large number of semi tractor-trailer rigs.
  In 1998, Congress identified the Ports-to-Plains corridor between the 
border with Mexico to Denver, CO, as a High Priority Corridor on the 
National Highway System. This designation arose in part as a result of 
the North American Free Trade Agreement. Under NAFTA, commercial border 
traffic is already increasing, and the Ports-to-Plains corridor was 
considered to be centrally situated to serve international trade and 
promote economic development along its entire route. Congress had 
previously designated a parallel route, the Camino Real Corridor, 
including Interstate Highway 25 through central New Mexico, as a high 
priority corridor; this corridor runs from the Mexican border at El 
Paso, TX, through Albuquerque and Denver, and on to the Canadian 
border.
  Last year, a comprehensive study was undertaken to determine the 
feasibility of creating a second continuous four-lane highway along the 
proposed Ports-to-Plains High Priority corridor. Alternative highway 
alignments for the trade corridor were developed and evaluated. The 
study was conducted under the direction of a steering committee 
consisting of the State departments of transportation in Texas, New 
Mexico, Oklahoma, and Colorado. The Ports-to-Plains feasibility study 
was completed and a final report circulated earlier this year.
  With the results of the feasibility study in hand, representatives of 
the four State highway departments met on July 30 to reach consensus on 
the preferred designation for the northern portion of the Ports-to-
Plains corridor between Dumas, TX, and Denver, CO. The four 
representatives agreed to recommend designating the route north of 
Dumas, TX, along U.S. Highway 287 through Boise City, OK, to Limon, CO, 
and then along Interstate 70 to Denver. They also recommended including 
the route from Dumas, TX, along U.S. Highway 87 through Clayton, NM, to 
Raton in the corridor.
  I am pleased the four States were able to come to a unified consensus 
on the route for the Ports-to-Plains corridor. I ask unanimous consent 
that a letter from the directors of the four State highway departments 
to the Federal Highway Administration summarizing the four-State 
consensus recommendation be printed in the Record at the conclusion of 
my remarks.
  I do believe the consensus recommendation is a good result for all 
four States in the region. Both New Mexico and Texas plan to upgrade 
their portion of the corridor to the full four lanes envisioned in the 
feasibility study for the Ports-to-Plains trade corridor. Indeed, the 
State of Texas will soon begin construction that will four-lane its 
portion of Highway 87 from Dumas to the New Mexico State line. 
Meanwhile, Colorado plans to develop it's portion as a super-two-lane 
highway at a cost of $537 million. The estimated cost to four-lane New 
Mexico's 81 miles of the corridor between Clayton and Raton is $185 
million.
  I do believe that once Highway 87 has been upgraded to four lanes 
between Dumas and Raton, the route will act as a magnet for out-of-
state visitors to the year-round tourist attractions throughout 
northern New Mexico. Tourists in particular will prefer the safety and 
a convenience of a four-lane highway.
  Congress designated the southern portion of the Ports-to-Plains 
corridor last year. Now the feasibility study has been completed and 
all four States are in unanimous agreement on the preferred route for 
the northern portion. The time to act is now. Congress should move 
quickly to confirm the four-state consensus of the Ports-to-Plains 
Trade Corridor by passing our bill. I look forward to working with the 
Chairman of the Environment and Public Works Committee, Senator 
Jeffords and the Ranking Member, Senator Smith, to confirm the four 
states' recommendation with this non-controversial, bipartisan 
legislation.
  Once the route is established, I am committed to working to help 
secure the funding required to complete the four-lane upgrade as soon 
as possible. I do believe the four-lane upgrade of Highway 87 is vital 
to economic development for the communities of Raton and Clayton and 
throughout all of northeast New Mexico.
  I again thank Senator Domenici for cosponsoring the bill, and I hope 
all Senators will join us in support of this important legislation.
  I ask unanimous consent that the text of the bill and the previously 
referenced letter be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1646

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S11557]]

     SECTION 1. IDENTIFICATION OF PORTS-TO-PLAINS HIGH PRIORITY 
                   CORRIDOR ROUTES.

       Section 1105(c)(38) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2032; 114 
     Stat. 2763A-201) is amended--
       (1) in subparagraph (A), by redesignating clauses (i) 
     through (viii) as subclauses (I) through (VIII), 
     respectively;
       (2) by redesignating subparagraph (A) as clause (i);
       (3) by striking ``(38) The'' and inserting ``(38)(A) The'';
       (4) in subparagraph (A) (as designated by paragraph (3))--
       (A) in clause (i) (as redesignated by paragraph (2))--
       (i) in subclause (VII) (as redesignated by paragraph (1)), 
     by striking ``and'' at the end;
       (ii) in subclause (VIII) (as redesignated by paragraph 
     (1)), by striking the period at the end and inserting ``; 
     and''; and
       (iii) by adding at the end the following:
       ``(IX) United States Route 287 from Dumas to the border 
     between the States of Texas and Oklahoma, and also United 
     States Route 87 from Dumas to the border between the States 
     of Texas and New Mexico.''; and
       (B) by adding at the end the following:
       ``(ii) In the State of Oklahoma, the Ports-to-Plains 
     Corridor shall generally follow United States Route 287 from 
     the border between the States of Texas and Oklahoma to the 
     border between the States of Oklahoma and Colorado.
       ``(iii) In the State of Colorado, the Ports-to-Plains 
     Corridor shall generally follow--
       ``(I) United States Route 287 from the border between the 
     States of Oklahoma and Colorado to Limon; and
       ``(II) Interstate Route 70 from Limon to Denver.
       ``(iv) In the State of New Mexico, the Ports-to-Plains 
     Corridor shall generally follow United States Route 87 from 
     the border between the States of Texas and New Mexico to 
     Raton.''; and
       (5) by striking ``(B) The corridor designation contained in 
     paragraph (A)'' and inserting the following:
       ``(B) The corridor designation contained in subclauses (I) 
     through (VIII) of subparagraph (A)(i)''.
                                  ____



                                  Department of Transportation

                                               September 21, 2001.
     C.D. Reagan,
     Division Administrator, Federal Highway Administration, 
         Austin, TX.
       Dear Mr. Reagan: We are pleased to inform you that we have 
     finalized the preferred designation for the Ports-to-Plains 
     Corridor.
       This letter confirms the consensus reached by the states of 
     Colorado, New Mexico, Oklahoma and Texas on July 30, 2001, 
     whereby the northern portion of the Ports-to-Plains Corridor 
     would be formally designated as routes from Dumas, Texas on 
     U.S. 287 to I-70 at Limon, Colorado and then to Denver, 
     Colorado, and U.S. 87 from Dumas, Texas to Raton, New Mexico.
       We submit these routes formally as representing the states 
     agreed unified designation for the Ports-to-Plains Corridor 
     north of Dumas, Texas and request that you submit our 
     recommendation to the appropriate congressional committees.
       Thank you for your strong consideration of this issue.
           Sincerely,
     Thomas E. Norton,
       Colorado Executive Director, DOT.
     Michael W. Behrens,
       Texas Executive Director, DOT.
     Pete Rahn,
       New Mexico Executive Director, DOT.
     Gary M. Ridley,
       Oklahoma Executive Director, DOT.
                                 ______
                                 
      By Ms. CANTWELL (for herself and Mrs. Murray):
  S. 1649. A bill to amend the Omnibus Parks and Public Lands 
Management Act of 1996 to increase the authorization of appropriations 
for the Vancouver National Historic Reserve and for the preservation of 
Vancouver Barracks; to the Committee on Energy and Natural Resources.
  Ms. CANTWELL. Madam President, I am introducing legislation today 
that will reauthorize Federal participation in the historic 
preservation efforts of one of the most historically significant sites 
in the Pacific Northwest, the Fort Vancouver National Historic Reserve.
  The Historic Reserve is rich in cultural and historic national 
significance, pre-dating the arrival of Lewis and Clark through the 
mid-20th century. For more than 10,000 years, Native American groups 
inhabited the prairies along the Columbia River that include the site 
of present-day Vancouver and the historic reserve.
  Located on the great American waterway, the Columbia River, the 
Vancouver National Historic Reserve site became the base of Columbia 
region operations for the Hudson's Bay Trading Company in the early 
19th century. As my colleagues know, Hudson's Bay was the powerful 
British fur trading company that vied for control of the trapping 
industry in Western lands of the present-day United States, even before 
political control of those lands were established. At its peak, the 
company built an enormous network through the region, with Fort 
Vancouver as the administrative headquarters and supply depot for the 
hundreds of employees at dozens of posts in the region.
  Fort Vancouver became a trade center for the Western territories, 
with goods arriving frequently from Europe and the Hawaiian Islands and 
large quantities of furs and other natural resource products returned 
to London. The Fort came to serve as a hub for numerous other 
developing industries, including sawmills, dairies, shipbuilders, 
fishers and tanneries. In essence, Fort Vancouver truly served as a 
historic foundation for the development of the entire Pacific Northwest 
region.
  But this history of the trapping industry is not the only significant 
aspect of this site. The Fort also served as the Northwest's military 
administrative headquarters beginning in 1849. The United States Army 
continuously occupied the Vancouver Barracks at the historic reserve 
site for 150 years. In the 1920's, the Army created a small airfield 
for the Army Air Corps, which is now the site of the oldest operating 
airfield in the Nation, Pearson Airfield. In the 1930's, the Fort was 
used as a training camp for those participating in the Civilian 
Conservation Corps' reforestation program. And, during World War II, 
General George C. Marshall presided over the Barracks and resided on 
Officer's Row.
  Thanks to the wisdom, respect for history, and foresight of numerous 
individuals including Representative Russell Mack, the esteemed 
chairwoman of the House Interior Appropriations Subcommittee, Julia 
Butler Hansen, Congressman Don Bonker, and Congresswoman Jolene 
Unsoeld, among many others, the tremendous resources of the site have 
been protected for future generations.
  President Truman signed legislation in 1948 that first authorized for 
Fort Vancouver National Monument. The act allowed the War Assets 
Administration to transfer surplus property in Vancouver Barracks to 
the Secretary of the Interior. On June 30, 1954, the National Monument 
was officially established and the nearly 60 acres of the Vancouver 
Barracks were transferred to the National Park Service. Finally, the 
site was designated as a National Historic Site in 1961.
  In 1996, the expanded, 366-acre Vancouver National Historic Reserve 
was established to protect all of the historically significant 
historical areas within adjacent to the barracks. The reserve includes 
Fort Vancouver, the Vancouver Barracks, Officers' Row, Pearson Field, 
the Water Resources Education Center, and portions of the Columbia 
River waterfront. The sites serve as an enormously significant resource 
in Southwest Washington.
  The restoration of the barracks alone is an enormously important 
project to stimulate the economic revitalization of Vancouver. Last 
year, Congress authorized the transfer of the 16 buildings that 
comprise the West Barracks to the City of Vancouver, and the partners 
involved in this tremendous project have devised a Cooperative 
Management Plan that identifies $40 million in necessary spending to 
replace failing infrastructure and rehabilitate the 16 buildings to the 
standards established under the National Historic Preservation Act.
  The Partner's Cooperative Management Plan for the Historic Reserve 
calls for the Barracks to be reused primarily for historic 
preservation, education, and other forms of public use. But the 
location of the site near the heart of Vancouver and the potential for 
drawing additional economic activity back to the city make this vitally 
important for Southwest Washington.
  The public-private partnership plan for the Barracks has also 
developed a cost-sharing plan between federal, state, and private 
sources to locate the necessary funds and perform the renovation during 
the next four to six years. While we at the Federal level have 
contributed to the project in recent years, the State of Washington and 
the City of Vancouver have also committed significant resources, and 
the Vancouver National Historic Reserve Trust has initiated aggressive 
efforts to raise funds quickly. I have

[[Page S11558]]

worked this year, and my colleague Senator Murray has successfully 
worked this year and in years past, to obtain those critical federal 
dollars for the project.
  However, I believe that more can and should be done to keep this 
project moving ahead. We must never forget our cultural, political, and 
economic heritage, and our historic resources help educate and remind 
us of those origins. That is why we have come together to introduce 
this legislation that will authorize additional federal spending on the 
project.
  I look forward to working with Senator Murray and others on the 
Appropriations Committee to move this legislation quickly and 
continuing progress on this significant project for the Pacific 
Northwest and our Nation.
                                 ______
                                 
      By Mr. CLELAND:
  S. 1650. A bill to amend the Public Health Service Act to change 
provisions regarding emergencies; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. CLELAND. Madam President, the events of the past month have 
presented the agencies of the Federal Government with a challenge like 
none we have ever seen. The anthrax attacks in Florida, New York, New 
Jersey, and Washington have placed unprecedented demands on both the 
public health and law enforcement arms of the Federal Government. Yet, 
in spite of the fact that the men and women of the Federal Government 
have never before encountered circumstances like these, I am pleased to 
say that, by and large, their response has been exceptional, and I 
would like to thank them for their courageous efforts. However, as 
might be expected, this latest trial has exposed a number of weaknesses 
in our bioterrorism response mechanism which we must now act swiftly to 
remedy.
  The Federal response to the anthrax crisis has revealed some 
uncertainty with regard to the precise roles assigned to each of the 
several Federal agencies with responsibilities in such situations and 
with regard to coordination between these agencies and the 
dissemination of public information. For example, while the CDC took 
the lead in testing anthrax samples from Florida, the anthrax samples 
found in New York and Washington were collected by the FBI and sent, 
not to the CDC, but to DoD labs for testing. By sending these samples 
to different facilities, not only are we duplicating services, but, 
more importantly, we run the risk of critical results not being 
expeditiously reviewed by the appropriate health officials thereby 
unacceptably increasing the response time in what is quite literally a 
life and death situation.
  I believe the uncertainty that has prevailed as to the proper role of 
the CDC in a bioterrorist incident, particularly vis-a-vis law 
enforcement agencies, is largely due to ambiguity in present statutes 
and regulations. Presidential Decision Directive 39 of 1995 clearly 
designates the FBI as the overall lead federal agency for domestic 
terrorism incidents. At the same time, per last year's Public Health 
Threats and Emergencies Act, P.L. 106-505, if the Secretary of Health 
and Human Services determines, after consulting with the Director of 
the CDC, that a public health emergency exists, the Secretary is 
authorized to take such action as may be appropriate to respond to the 
public health emergency, including conducting and supporting 
investigations into the cause, treatment, or prevention of a disease. 
Further, the Federal Response Plan designates HHS as the primary 
federal agency for the medical and public health response to 
emergencies. So it seems that, under current law and regulation, the 
FBI is the lead agency in the event of a terrorist attack, and HHS has 
significant authority to act in the event of a public health emergency. 
But if a terrorist attack is also a public health emergency, as has 
been the case of late, it is not readily evident who is in charge. 
Clearly, both the FBI and the CDC have essential roles in such a 
situation. These roles are distinct but do occasionally overlap, 
necessitating a clarification of how precisely the agencies are to 
coordinate with one another in a bioterrorism crisis.
  While the law enforcement and public health response to terrorist 
attacks are both vital, in the event of a public health emergency, the 
unique life and death health ramifications of such an attack mandate, 
in my view, that public health experts take the lead role in 
investigating and treating the attack. Bioterrorism is a new arena for 
us all, including the CDC and in such uncharted territory nothing we do 
can guarantee that no mistakes will be made. However, with adequate 
funding and armed with their training and expertise, the public health 
experts of the CDC constitute our best defense against this emerging 
threat. Therefore, the measure I am introducing today will clarify the 
role of the CDC and minimize the problems caused by bureaucratic 
infighting over agency roles, thereby preventing time from becoming an 
additional enemy.
  Law enforcement agencies and the CDC have equally important, but 
separate, roles in the event of a terrorist attack involving 
biological, chemical, or radiological weapons. Such an attack allows us 
absolutely no room for confusion over these roles, however, as 
evidenced by the tragic results of the current anthrax attacks. While I 
am eagerly awaiting further definition of the role of the new Office of 
Homeland Security and I will support giving it the necessary authority 
to get the job done, the American people cannot afford any delay in 
eliminating existing uncertainties in the federal response to 
bioterrorism.
  My Public Health Emergencies Accountability Act is an attempt to 
eliminate the confusion of the current system and address the immediate 
threats stemming from this uncertainty. In proposing this measure, I am 
building upon current law by clarifying the role of the CDC when acting 
during a public health emergency. Furthermore, my measure is consistent 
with the proposed Kennedy-Frist Bioterrorism Preparedness Act and 
builds on our work in last year's Public Health Threats and Emergencies 
Act. We have already had to endure the consequences of the current 
confusion over the important, but distinct, roles of public health and 
law enforcement in responding to terrorist attacks. It is our 
responsibility to act immediately to rectify this situation in order to 
assure public health, safety, and security.
  The Public Health Emergencies Accountability Act changes current law 
in several ways. First, it redefines ``public health emergency'' to 
include chemical and radiological attacks, in addition to bioterrorism, 
and to make suspected as well as proven such attacks eligible for 
emergency designation. Second, as under last year's Public Health 
Threats and Emergencies Act, the Secretary of HHS, acting in 
consultation with CDC, is given the authority to determine the 
existence of a public health emergency, and to respond to such an 
emergency by making grants and conducting investigations. My measure 
provides additional authority for the Secretary and CDC in these cases 
to take the lead in ``directing the response of other Federal 
departments and agencies'' and in ``disseminating necessary 
information'' to the general public. Third, the time period of the 
emergency is to be set by the Secretary and is not to exceed 180 days, 
but may be extended by the Secretary after notification of Congress and 
other Federal agencies.
  Finally, and most importantly, the determination of a public health 
emergency by the Secretary of HHS, in consultation with CDC, is made 
the defining action in clarifying who should take the lead role in 
handling a biological, chemical or radiological attack. Thus, when it 
is determined that a given situation does not rise to the level of a 
public health emergency, law enforcement will assume the lead position. 
On the other hand, when the Secretary of HHS has identified and 
declared a public health emergency, public health and the CDC will take 
the leading role. In either case, my proposal mandates that the lead 
agency keep all other relevant authorities, including the Congress, 
fully and currently informed. If there is one message that emerges time 
and time again about shortcomings in the Federal Government's current 
response to terrorism, especially bioterrorism, it is that the relevant 
Federal agencies don't talk to each another soon enough or completely 
enough. The Public Health Emergencies Accountability Act will put an 
end to that.
  I ask unanimous consent that the text of the bill be printed in the 
Record.

[[Page S11559]]

  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1650

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SEC. 1. SHORT TITLE.

       This Act may be cited as the ``Public Health Emergencies 
     Accountability Act''.

     SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

       Part B of title III of the Public Health Service Act (42 
     U.S.C. 243 et seq.) is amended by striking section 319 and 
     inserting the following:

     ``SEC. 319. PUBLIC HEALTH EMERGENCIES.

       ``(a) Emergencies.--If the Secretary determines, after 
     consultation with the Director of the Centers for Disease 
     Control and Prevention and other public health officials as 
     may be necessary, that--
       ``(1) a disease or disorder presents a public health 
     emergency; or
       ``(2) a detected or suspected public health emergency, 
     including significant outbreaks of infectious diseases or 
     terrorist attacks involving biological, chemical, or 
     radiological weapons, otherwise exists,

     the Secretary may take such action as may be appropriate to 
     respond to the public health emergency, including making 
     grants and entering into contracts and, acting through the 
     Centers for Disease Control and Prevention, conducting and 
     supporting investigations into cause, treatment, or 
     prevention of a disease or disorder as described in 
     paragraphs (1) and (2), directing the response of other 
     Federal departments and agencies with respect to the safety 
     of the general public and Federal employees and facilities, 
     and disseminating necessary information to assist States, 
     localities, and the general public in responding to a disease 
     or disorder as described in paragraphs (1) and (2).
       ``(b) Determination.--A determination of an emergency by 
     the Secretary under subsection (a) shall supersede all other 
     provisions of law with respect to actions and 
     responsibilities of the Federal Government, but in all such 
     cases the Secretary shall keep the relevant Federal 
     departments and agencies, including but not limited to the 
     Department of Justice, the Federal Bureau of Investigation, 
     the Office of Homeland Security, and the committees of 
     Congress listed in subsection (f), fully and currently 
     informed.
       ``(c) Full Disclosure.--In cases involving, or potentially 
     involving, a public health emergency, but where no 
     determination of an emergency by the Secretary, under the 
     provisions of subsection (a), has been made, all relevant 
     Federal departments and agencies, including but not limited 
     to the Department of Justice, the Federal Bureau of 
     Investigation, the Office of Homeland Security, shall keep 
     the Secretary and the Centers for Disease Control and 
     Prevention and the committees of Congress listed in 
     subsection (f), fully and currently informed.
       ``(d) Public Health Emergency Fund.--
       ``(1) In general.--There is established in the Treasury a 
     fund to be designated as the ``Public Health Emergency Fund'' 
     to be made available to the Secretary without fiscal year 
     limitation to carry out subsection (a) only if a public 
     health emergency has been declared by the Secretary under 
     such subsection. There is authorized to be appropriated to 
     the Fund such sums as may be necessary.
       ``(2) Report.--Not later than 90 days after the end of each 
     fiscal year, the Secretary shall prepare and submit to the 
     Committee on Health, Education, Labor, and Pensions and the 
     Committee on Appropriations of the Senate and the Committee 
     on Commerce and the Committee on Appropriations of the House 
     of Representatives a report describing--
       ``(A) the expenditures made from the Public Health 
     Emergency Fund in such fiscal year; and
       ``(B) each public health emergency for which the 
     expenditures were made and the activities undertaken with 
     respect to each emergency which was conducted or supported by 
     expenditures from the Fund.
       ``(e) Supplement Not Supplant.--Funds appropriated under 
     this section shall be used to supplement and not supplant 
     other Federal, State, and local public funds provided for 
     activities under this section.
       ``(f) Emergency Declaration Period.--A determination by the 
     Secretary under subsection (a) that a public health emergency 
     exists shall remain in effect for a time period specified by 
     the Secretary but not longer than the 180-day period 
     beginning on the date of the determination. Such period may 
     be extended by the Secretary if the Secretary determines that 
     such an extension is appropriate and notifies the Committee 
     on Health, Education, Labor, and Pensions of the Senate and 
     the Committee on Appropriations of the Senate and the 
     Committee on Commerce of the House of Representatives and the 
     Committee on Appropriations of the House of 
     Representatives.''.
                                 ______
                                 
      By Mr. DORGAN (for himself, Mr. Brownback, and Mr. Conrad):
  S. 1651. A bill to establish the United States Consensus Council to 
provide for consensus building process in addressing national public 
policy issues, and for other purposes; to the Committee on Governmental 
Affairs.
  Mr. DORGAN. Madam President, today I am introducing legislation that 
would create the United States Consensus Council. This council would be 
a non-profit, quasi-governmental entity that would serve both the 
legislative and executive branches of government. Its role would be to 
build agreements among stakeholders primarily on legislative issues 
where there are diverse and conflicting views and bring these 
agreements back to Congress or other decision-makers for action.
  Leaders from the Administration and the Congress have worked together 
in recent weeks to respond to the terrorist attacks against our 
country. This has shown the benefit of working across party lines to 
develop consensus on a variety of policy issues. At a time when the 
Nation is unified and focused on these unprecedented challenges, the 
Consensus Council can help institutionalize this spirit of comity. The 
Council can provide ongoing support to Congress by bringing 
stakeholders to the table to resolve a wide range of difficult national 
issues.
  The North Dakota Consensus Council in my home State serves as a model 
for this national proposal. In North Dakota, the Consensus Council has 
helped to find common ground on the use of grasslands in the western 
part of the State, the structure of judgeships across the State, and 
flood mitigation efforts in the Red River Valley. By bringing together 
all of the interested parties, the North Dakota Consensus Council was 
able to find solutions to problems that had previously seemed 
unsurmountable. Washington, DC, is ripe with opportunity for the same 
kind of consensus building and mediation. We can not only build on the 
experience of consensus building in North Dakota, but similar successes 
in Montana, Florida, Oregon and many other States.
  The United States Consensus Council would bring people together and 
then help to develop recommendations. These recommendations would be 
advisory, subject to normal legislative or regulatory processes. The 
board of directors would be appointed by the President and the 
bipartisan Congressional leadership. The council would remain neutral 
on substantive policy matters.
  The Council would focus primarily on issues that Congressional 
leaders and the White House have agreed are appropriate. These could be 
issues that are contentious or deadlocked, or they could be emerging 
issues where mediation could help to prevent later polarization.
  The Council's role will be to design and conduct processes that lead 
to common ground on effective public policy for a particular issue. The 
Council could be called upon to convene key stakeholders in face-to-
face meetings over time to build agreements on complex issues.
  The legislation authorizes $5 million for the first year and would 
also allow private contributions to the Council. The Council would not 
be a part of the Federal Government and its employees would not be 
considered Federal workers.
  I have long been a supporter of building consensus and finding ways 
to reach compromise. I believe that this legislation could help the 
Congress and the administration to find that middle ground. There are 
so many important issues that get deadlocked in Washington, and this 
approach will help to break that logjam. Recent weeks have shown that 
it can be done. I hope that this bill will allow it to happen more 
often. I look forward to working with my colleagues on both sides of 
the aisle to move this bill through the process.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1651

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``United States Consensus 
     Council Act of 2001''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) throughout the Nation there is increasing success in 
     the use of collaborative and consensus-building approaches to 
     address critical public policy issues at the national, State, 
     and local levels;
       (2) there is a need for a national Council that can promote 
     and conduct consensus-

[[Page S11560]]

     building processes that primarily address legislative policy 
     issues of national importance;
       (3) such a Council may enroll specific stakeholders, both 
     public and private, to build agreements that ultimately may 
     be implemented by Congress, Federal agencies, or other 
     policymaking bodies;
       (4) such a Council will strive to create public policy 
     agreements that integrate differing perspectives into highest 
     common denominator solutions;
       (5) the establishment of such a Council is an appropriate 
     investment by the people of this Nation in a capacity that 
     works in cooperation with Congress, the executive branch, and 
     others and complements current public policymaking processes 
     on selected issues;
       (6) the existence of such a Council could contribute 
     especially to resolving differences on contentious policy 
     issues, preventing polarization on emerging policy issues and 
     addressing issues of complexity that involve multiple parties 
     and perspectives;
       (7) the establishment of such a Council may contribute 
     significantly to a renewed sense of civility and respect for 
     differences, while at the same time promoting vigorous 
     interchange and open communications among those with 
     differing points of view; and
       (8) the Council may become a repository of wisdom and 
     experience on public policy collaboration and consensus-
     building that can be shared with public and private sector 
     policymakers and the public in the interest of promoting more 
     effective public policy and the increased use of 
     collaborative processes.
       (b) Purpose.--The purpose of this Act is to establish an 
     independent, nonprofit, national Council to serve the people 
     and the Government by constructing an adjunct to the existing 
     legislative and regulatory process that seeks to produce 
     consensus on Federal policy issues through collaborative 
     processes open to key stakeholders.

     SEC. 3. DEFINITIONS.

       In this Act, the term--
       (1) ``Board'' means the Board of Directors of the Council;
       (2) ``Council'' means the United States Consensus Council 
     established under this Act; and
       (3) ``Director'' means an individual appointed to the Board 
     of Directors of the Council.

     SEC. 4. UNITED STATES CONSENSUS COUNCIL.

       (a) Establishment.--There is established the United States 
     Consensus Council.
       (b) Status; Restrictions.--The Council is an independent 
     nonprofit corporation and shall be treated as an organization 
     described under 170(c)(2)(B) of the Internal Revenue Code of 
     1986. The Council does not have the power to issue any shares 
     of stock or to declare or pay any dividends. The Council is 
     not an agency or instrumentality of the United States.
       (c) Establishment of or Affiliation With a United States 
     Consensus Council Foundation.--As determined by the Board, 
     the Council may establish or affiliate with a nonprofit legal 
     entity which is capable of receiving, holding, expending, and 
     investing public or private funds for purposes in furtherance 
     of the Council under this Act. Such legal entity may be 
     designated as the ``United States Consensus Council 
     Foundation''.
       (d) Trade Name and Trademark Rights; Vested Rights 
     Protected; Condition for Use of Federal Identity.--
       (1) In general.--The Council has the sole and exclusive 
     right to use and to allow or refuse others the use of the 
     terms ``United States Consensus Council'' and ``United States 
     Consensus Council Foundation'' and the use of any official 
     United States Consensus Council emblem, badge, seal, and 
     other mark of recognition or any colorable simulation 
     thereof.
       (2) United states references.--The Council may use ``United 
     States'' or ``U.S.'' or any other reference to the United 
     States Government or Nation in its title or in its corporate 
     seal, emblem, badge, or other mark of recognition or 
     colorable simulation thereof in any fiscal year only if there 
     is an authorization of appropriations, or appropriations, for 
     the Council for such fiscal year provided by law.

     SEC. 5. POWERS AND DUTIES.

       (a) District of Columbia Nonprofit-Corporate Powers.--The 
     Council may exercise the powers conferred upon a nonprofit 
     corporation by the District of Columbia Nonprofit Corporation 
     Act (D.C. Code, sec. 29-301 et seq.) consistent with this 
     Act.
       (b) Description of Specific Activities.--
       (1) In general.--Acting through the Board, the Council 
     may--
       (A) promote and advance programs based on consensus 
     building as a complement to the current deliberative 
     processes employed by Congress and the executive branch;
       (B) enter into formal and informal relationships with other 
     institutions, public and private, for purposes not 
     inconsistent with this Act;
       (C) receive referrals from Congress, the President, 
     executive departments, agencies, private groups, or 
     organizations that request the Council's expertise in 
     building a consensus on a particular public policy issue;
       (D) coordinate with, make referrals to and receive 
     referrals from, other consensus-building instrumentalities of 
     the United States, including the United States Institute for 
     Environmental Conflict Resolution or the Federal Mediation 
     and Conciliation Service; and
       (E) develop and apply assessment plans for the purpose of 
     reviewing such referrals.
       (2) Consensus-building process.--Acting through the Board, 
     the Council may, for each consensus-building process--
       (A) consider such factors as issue complexity, cost, 
     ripeness, likelihood of participation by key stakeholders, 
     and any other relevant indices that may assist the Council in 
     determining whether to accept a referral;
       (B) identify any appropriate facilitator for the 
     negotiation process;
       (C) identify the key stakeholders involved or interested in 
     the outcome of a particular issue, including those 
     individuals who have the authority to implement the Council's 
     recommendations;
       (D) develop and publish a common set of facts to inform and 
     assist consensus-building processes;
       (E) establish ground rules, including matters related to 
     confidentiality, representation of counsel, and ex parte 
     communications;
       (F) work to promote consensus among the stakeholders by 
     methods such as negotiation, discussion, meetings, and any 
     other process of dispute resolution;
       (G) build and construct agreements among stakeholders;
       (H) draft, present, and submit recommendations to the 
     legislative, executive, or judicial body with oversight of 
     the particular issue; and
       (I) provide training and technical assistance in response 
     to the request of a department, agency, or instrumentality of 
     the Government to investigate, examine, study, and report on 
     any issue within the Council's competence.
       (3) Other activities.--The Council also may engage in any 
     other activity consistent with its mission.
       (c) General Authority.--The Council may do any and all 
     lawful acts necessary or desirable to carry out the 
     objectives and purposes of this Act.
       (d) Guidelines for Council Operations.--As necessary, the 
     Council shall develop guidelines, through its bylaws or 
     otherwise, to address--
       (1) policies relating to personal service contracts;
       (2) standards to ensure that the Council, its Directors, 
     employees, and agents, avoid conflicts of interest that may 
     arise;
       (3) fundraising policies, donor development programs, and 
     matters related to the acceptance of private donations;
       (4) the duties and responsibilities of the Council, its 
     Board, officers, employees, and agents; and
       (5) the establishment of advisory committees, councils, or 
     other bodies, as the efficient administration of the business 
     and purposes of the Council may require.
       (e) Administrative Services From General Services 
     Administration.--The Council may obtain administrative 
     support services from the Administrator of General Services 
     and use all sources of supply and services of the General 
     Services Administration on a reimbursable basis.

     SEC. 6. BOARD OF DIRECTORS.

       (a) Vested Powers.--The powers of the Council shall be 
     vested in a Board of Directors unless otherwise specified in 
     this Act.
       (b) Appointments.--The Board of Directors shall consist of 
     16 voting members as follows:
       (1) Eight individuals, including private citizens, State or 
     local employees, or officers or employees of the United 
     States, appointed by the President, except that no more than 
     4 of such individuals may share the same political party 
     affiliation.
       (2) Two individuals, including private citizens, State or 
     local employees, Senators, or officers or employees of the 
     United States, appointed by the Majority Leader of the 
     Senate.
       (3) Two individuals, including private citizens, State or 
     local employees, Senators, or officers or employees of the 
     United States appointed by the Minority Leader of the Senate.
       (4) Two individuals, including private citizens, State or 
     local employees, Members of the House of Representatives, or 
     officers or employees of the United States appointed by the 
     Speaker of the House of Representatives.
       (5) Two individuals, including private citizens, State or 
     local employees, Members of the House of Representatives, or 
     officers or employees of the United States appointed by the 
     Minority Leader of the House of Representatives.
       (c) Term of Office: Commencement and Termination, Interim 
     and Remainder Service, Limitation.--
       (1) Term of office.--Directors appointed under subsection 
     (b) of this section shall be appointed to 4-year terms, with 
     no Director serving more than 2 consecutive terms except 
     that--
       (A) as designated by the President, the terms of 4 of the 
     Directors initially appointed under subsection (b)(1) shall 
     be 2 years, subject to appointment to no more than 2 
     additional 4-year terms in the manner set forth in this 
     section;
       (B) as designated by the Speaker of the House of 
     Representatives, the terms of the 2 Directors initially 
     appointed under subsection (b)(4) shall be 2 years, subject 
     to appointment to no more than 2 additional 4-year terms in 
     the manner set forth in this section; and
       (C) as designated by the Minority Leader of the House of 
     Representatives, the terms of

[[Page S11561]]

     the 2 Directors initially appointed under subsection (b)(5) 
     shall be 2 years, subject to appointment to no more than 2 
     additional 4-year terms in the manner set forth in this 
     section.
       (2) Interim service.--Any Director appointed to the Board 
     may continue to serve until his or her successor is 
     appointed.
       (3) Remainder service.--Any Director appointed to the Board 
     to replace a Director whose term has not expired shall be 
     appointed to serve the remainder of that term.
       (4) President of council.--The President of the Council 
     shall serve as a nonvoting Director of the Board.
       (d) Qualifications.--A demonstrated interest in the mission 
     of the Council or expertise in consensus building may be 
     considered in appointments made under this section.
       (e) Removal From Office.--A Director may be removed by a 
     process to be determined by the Council's bylaws.
       (f) Meetings; Notice in Federal Register.--Meetings of the 
     Board shall be conducted pursuant to the Council's bylaws, 
     except as provided in the following:
       (1) Meetings; quorum.--The Board shall meet at least 
     semiannually. A majority of the Directors in office shall 
     constitute a quorum for any Board meeting.
       (2) Open meetings.--All official governing meetings of the 
     Board shall be open to public observation and shall be 
     preceded by reasonable public notice. Notice in the Federal 
     Register shall be deemed to be reasonable public notice for 
     purposes of the preceding sentence. In exceptional 
     circumstances, the Board may close those portions of a 
     meeting, upon a majority vote of Directors present and with 
     the vote taken in public session, which are likely to 
     disclose information or that may adversely affect any ongoing 
     proceeding or activity or to disclose information or matters 
     exempted from public disclosure under subsection (c) of 
     section 552b of title 5.
       (g) Compensation.--Directors shall be compensated at a rate 
     not to exceed the daily equivalent of the rate payable for a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code, for each day during 
     which they are engaged in the performance of the duties of 
     the Council. The Directors shall not be employees of the 
     United States.
       (h) Travel Expenses.--While away from home or regular place 
     of business in the performance of duties for the Board, a 
     Director may receive reasonable travel, subsistence, and 
     other necessary expenses.

     SEC. 7. OFFICERS AND EMPLOYEES.

       (a) Appointment, Compensation, and Status of President of 
     Council and Other Officers.--There shall be a President who 
     shall be appointed by the Board. The President shall be the 
     chief executive officer of the Council and shall carry out or 
     cause to be carried out the functions of the Council subject 
     to the supervision and direction of the Board.
       (1) Compensation of president of the council.--The 
     President of the Council shall be compensated at an annual 
     rate of pay not to exceed the rate payable for a position at 
     level II of the Executive Schedule under section 5313 of 
     title 5, United States Code.
       (2) Assignment of federal officers or employees to the 
     council.--The Council may request the assignment of any 
     Federal officer or employee to the Council by an appropriate 
     executive department, agency, or congressional official or 
     Member of Congress and may enter into an agreement for such 
     assignment, if the affected officer or employee agrees to 
     such assignment and such assignment causes no prejudice to 
     the salary, benefits, status, or advancement within the 
     department, agency, or congressional staff of such officer or 
     employee.
       (3) Personnel.--The President of the Council, with the 
     approval of the Board, may appoint and fix the compensation 
     of such additional personnel as determined necessary. The 
     President and employees of the Council shall not be employees 
     of the United States.
       (4) Compensation for services or expenses; prohibition on 
     loans to council directors and personnel.--
       (A) In general.--No part of the financial resources, 
     income, or assets of the Council or of any legal entity 
     created by the Council shall inure to any agent, employee, 
     officer, or Director or be distributable to any such person 
     during the life of the corporation or upon dissolution or 
     final liquidation. Nothing in this section may be construed 
     to prevent the payment of reasonable compensation for 
     services or expenses to the Directors, officers, employees, 
     and agents of the Council in amounts approved in accordance 
     with this Act.
       (B) Loans.--The Council shall not make loans to its 
     Directors, officers, employees, or agents.

     SEC. 8. PROCEDURES AND RECORDS.

       (a) Monitoring and Evaluation of Programs.--The Council 
     shall monitor and evaluate and provide for independent 
     evaluation if necessary of programs supported in whole or in 
     part under this Act to ensure that the provisions of this Act 
     and the bylaws, rules, regulations, and guidelines 
     promulgated under this Act are adhered to.
       (b) Accounts of Receipts and Disbursements; Financial 
     Reports.--The Council shall keep correct and complete books 
     and records of accounts, including separate and distinct 
     accounts of receipts and disbursements of Federal funds. The 
     Council's annual financial report shall identify the use of 
     such funding and shall present a clear description of the 
     full financial situation of the Council.
       (c) Minutes of Proceedings.--The Council shall keep minutes 
     of the proceedings of its Board and of any committees having 
     authority under the Board.
       (d) Record and Inspection of Required Items.--
       (1) In general.--The Council shall keep a record of--
       (A) the names and addresses of its Directors, copies of 
     this Act, and any other Act relating to the Council;
       (B) all Council bylaws, rules, regulations, and guidelines;
       (C) required minutes of proceedings;
       (D) all applications and proposals and issued or received 
     contracts and grants; and
       (E) financial records of the Council.
       (2) Inspection.--All items required by this subsection may 
     be inspected by any Director or any agent or attorney of a 
     Director for any proper purpose at any reasonable time.
       (e) Audits.--The accounts of the Council shall be audited 
     annually in accordance with generally accepted auditing 
     standards by independent certified public accountants or 
     independent licensed public accountants, certified or 
     licensed by a regulatory authority of a State or other 
     political subdivision of the United States. The audit shall 
     be conducted at the place or places where the accounts of the 
     Council are normally kept. All books, accounts, financial 
     records, files, and other papers, things, and property 
     belonging to or in use by the Council and necessary to 
     facilitate the audit shall be made available to the person or 
     persons conducting the audit, and full facilities for 
     verifying transactions with the balances or securities held 
     by depositories, fiscal agents, and custodians shall be 
     afforded to such person or persons.
       (f) Report to Congress; Copies for Public.--The Council 
     shall provide a report to the President and to each House of 
     Congress not later than 6 months following the close of the 
     fiscal year for which the audit is made. The report shall set 
     forth such statements of the Council's activities for the 
     prior year. The report shall be made available to the public.

     SEC. 9. FUNDING.

       (a) Authorization of Appropriations.--
       (1) In general.--For the purpose of carrying out this Act, 
     there are authorized to be appropriated $5,000,000 for fiscal 
     year 2002 and such sums as may be necessary for succeeding 
     fiscal years.
       (2) Availability.--Funds appropriated under the authority 
     of paragraph (1) shall remain available until expended.
       (b) Transfer of Unobligated Funds; Reports of Use of Funds 
     to Congress and President.--The Board may transfer to the 
     legal entity authorized to be established under section 4(c) 
     any funds not obligated or expended from appropriations to 
     the Council for a fiscal year, and such funds shall remain 
     available for obligation or expenditure for the purposes of 
     such legal entity without regard to fiscal year limitations. 
     Any use by such legal entity of appropriated funds shall be 
     reported to each House of Congress and to the President.

     SEC. 10. DISSOLUTION OR LIQUIDATION.

       Upon dissolution or final liquidation of the Council, all 
     income and assets appropriated by the United States to the 
     Council, but not any other funds, shall revert to the United 
     States Treasury.
                                 ______
                                 
      By Mr. SANTORUM (for himself and Mr. McCain);
  S. 1652. A bill to amend the Agricultural Market Transition Act to 
convert the price support program for sugarcane and sugar beets into a 
system of solely recourse loans and to provide for the gradual 
elimination of the program; to the Committee on Agriculture, Nutrition, 
and Forestry.
  Mr. SANTORUM. Madam President, I rise today to introduce the Sugar 
Program Reform Act. This bill is a continuation of my ongoing efforts 
to bring needed reform to Federal agriculture programs that have 
perpetuated Federal control over prices and production.
  While the 1996 farm bill modernized Federal agriculture policy for 
some commodities, the sugar program, however, only realized minor 
reforms. As a result, trade opportunities for other agriculture 
producers have been hampered, and Americans have been twice affected, 
both as consumers and taxpayers.
  A GAO report released in June 2000, presents information suggesting 
the Federal sugar program is not serving consumers and taxpayers well. 
That report, an update to a 1993 report on the same matter, estimated 
that the sugar program resulted in net losses to the U.S. economy of 
about $700 million in 1996, and about $900 million in 1998. Moreover, 
it found that the primary beneficiaries of the sugar program's higher 
prices are domestic sugar beet and cane producers who were estimated to 
receive benefits of about $800 million in 1996 and nearly $1 billion in 
1998.
  In terms of trade opportunities, the sugar program harms other 
agricultural producers by slowing efforts to

[[Page S11562]]

open foreign markets for American farm products. As long as the United 
States uses restrictive sugar import quotas to stiffle trade, these 
counties have a ready excuse not to drop their own trade barriers.
  The Sugar Program Reform Act, which I am pleased to introduce with 
Senate McCain, will finally bring major change to the sugar program. It 
will accomplish that goal by: reducing support prices and ending them 
after 2004; requiring that loans be repaid ending sugar processors' 
ability to turn over surplus sugar to the government instead of 
repaying the amounts they have borrowed; and assuring adequate 
supplies, requiring that import quotas be administered to maintain 
prices at no more than the price support level established by Congress.
  When the Senate considers legislation to reauthorize farm programs, I 
look forward to a spirited debate on the necessity of reforming 
policies that have not served the best interests of taxpayers or the 
agricultural community at large.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1652

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Sugar Program Reform Act''.

     SEC. 2. RECOURSE LOANS FOR PROCESSORS OF SUGARCANE AND SUGAR 
                   BEETS AND REDUCTION IN LOAN RATES.

       (a) Gradual Reduction in Loan Rates.--
       (1) Sugarcane processor loans.--Section 156(a) of the 
     Agricultural Market Transition Act (7 U.S.C. 7272(a)) is 
     amended by striking ``equal to 18 cents per pound for raw 
     cane sugar.'' and inserting the following: ``, per pound for 
     raw cane sugar, equal to the following:
       ``(1) In the case of raw cane sugar processed from the 1996 
     through 2000 crops, $0.18.
       ``(2) In the case of raw cane sugar processed from the 2001 
     crop, $0.17.
       ``(3) In the case of raw cane sugar processed from the 2002 
     crop, $0.16.
       ``(4) In the case of raw cane sugar processed from the 2003 
     crop, $0.15.
       ``(5) In the case of raw cane sugar processed from the 2004 
     crop, $0.14.''.
       (2) Sugar beet processor loans.--Section 156(b) of the 
     Agricultural Market Transition Act (7 U.S.C. 7272(b)) is 
     amended by striking ``equal to 22.9 cents per pound for 
     refined beet sugar.'' and inserting the following: ``, per 
     pound of refined beet sugar, that reflects--
       ``(1) an amount that bears the same relation to the loan 
     rate in effect under subsection (a) for a crop as the 
     weighted average of producer returns for sugar beets bears to 
     the weighted average of producer returns for sugarcane, 
     expressed on a cents per pound basis for refined beet sugar 
     and raw cane sugar, for the most recent 5-year period for 
     which data are available; and
       ``(2) an amount that covers sugar beet processor fixed 
     marketing expenses.''.
       (b) Conversion to Recourse Loans.--Section 156(e) of the 
     Agricultural Market Transition Act (7 U.S.C. 7272(e)) is 
     amended--
       (1) in paragraph (1), by inserting ``only'' after ``this 
     section''; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) National loan rates.--Recourse loans under this 
     section shall be made available at all locations nationally 
     at the rates specified in this section, without adjustment to 
     provide regional differentials.''.
       (c) Conversion to Private Sector Financing.--Section 156 of 
     the Agricultural Market Transition Act (7 U.S.C. 7272) is 
     amended--
       (1) by redesignating subsection (i) as subsection (j);
       (2) by inserting after subsection (h) the following:
       ``(i) Conversion to Private Sector Financing.--
     Notwithstanding any other provision of law--
       ``(1) no processor of any of the 2005 or subsequent crops 
     of sugarcane or sugar beets shall be eligible for a loan 
     under this section with respect to the crops; and
       ``(2) the Secretary may not make price support available, 
     whether in the form of loans, payments, purchases, or other 
     operations, for any of the 2005 and subsequent crops of sugar 
     beets and sugarcane by using the funds of the Commodity 
     Credit Corporation or other funds available to the 
     Secretary.''; and
       (3) in subsection (j) (as redesignated by paragraph (1))--
       (A) by striking ``subsection (f)'' and inserting 
     ``subsections (f) and (i)''; and
       (B) by striking ``2002'' and inserting ``2004''.
       (d) Termination of Marketing Quotas and Allotments.--
       (1) Termination.--Part VII of subtitle B of title III of 
     the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et 
     seq.) is repealed.
       (2) Conforming amendment.--Section 344(f)(2) of the 
     Agricultural Adjustment Act of 1938 (7 U.S.C. 1344(f)(2)) is 
     amended by striking ``sugar cane for sugar, sugar beets for 
     sugar,''.
       (e) Other Conforming Amendments.--
       (1) Price support for nonbasic agricultural commodities.--
       (A) Designated nonbasic agricultural commodities.--Section 
     201(a) of the Agricultural Act of 1949 (7 U.S.C. 1446(a)) is 
     amended by striking ``milk, sugar beets, and sugarcane'' and 
     inserting ``and milk''.
       (B) Other nonbasic agricultural commodities.--Section 301 
     of the Agricultural Act of 1949 (7 U.S.C. 1447) is amended by 
     inserting ``(other than sugarcane and sugar beets)'' after 
     ``title II''.
       (2) Powers of commodity credit corporation.--Section 5(a) 
     of the Commodity Credit Corporation Charter Act (15 U.S.C. 
     714c(a)) is amended by inserting ``(except for the 2005 and 
     subsequent crops of sugarcane and sugar beets)'' after 
     ``agricultural commodities''.
       (3) Section 32 activities.--Section 32 of the Act of August 
     24, 1935 (7 U.S.C. 612c), is amended in the second sentence 
     of the first paragraph by inserting ``(other than sugarcane 
     and sugar beets)'' after ``commodity'' the last place it 
     appears.
       (f) Assurance of Adequate Supplies of Sugar.--Section 902 
     of the Food Security Act of 1985 (7 U.S.C. 1446g note; Public 
     Law 99-198) is amended by striking subsection (a) and 
     inserting the following:
       ``(a) In General.--Beginning with the quota year for sugar 
     imports that begins after the 2000/2001 quota year, the 
     President shall use all authorities available to the 
     President as may be necessary to enable the Secretary of 
     Agriculture to ensure that adequate supplies of raw cane 
     sugar are made available to the United States market at 
     prices that are not greater than the higher of--
       ``(1) the world sugar price (adjusted to a delivered 
     basis); or
       ``(2) the raw cane sugar loan rate in effect under section 
     156 of the Agricultural Market Transition Act (7 U.S.C. 
     7272), plus interest.''.

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