[Congressional Record Volume 150, Number 44 (Thursday, April 1, 2004)]
[Senate]
[Pages S3572-S3579]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself, Mr. Hollings, Ms. Snowe, Mr. Kennedy, 
        Mrs. Clinton, Mr. Rockefeller, Mr. Biden, Mr. Carper, and Mr. 
        Lautenberg):
  S. 2273. A bill to provide increased rail transportation security; to 
the Committee on Commerce, Science, and Transportation.
  Mr. McCAIN. Mr. President, I am joined by Senator Hollings and other 
members of the Senate Commerce Committee in introducing the Rail 
Security Act of 2004.
  The recent attacks on Madrid's commuter rail system demonstrated all 
too vividly that our own transit system, Amtrak, and the freight 
railroads could be vulnerable to terrorist attack. Only modest 
resources have been dedicated to rail security since the September 11, 
2001 terrorist attacks on the United States, and efforts to address 
rail security remain fragmented. The Department of Homeland Security 
(DHS) has not completed a vulnerability assessment for the rail system, 
nor is there an integrated security plan that reflects the unique 
characteristics of passenger and freight rail operations.
  The legislation we are introducing today would authorize resources to 
ensure rail transportation security receives a high priority in our 
efforts to secure our country from terrorism. The legislation directs 
DHS to complete a vulnerability assessment for the rail system and make 
recommendations for addressing security weaknesses within 180 days of 
enactment. It also authorizes funding to address long-standing fire and 
life safety needs for several tunnels along the Northeast Corridor, and 
authorizes appropriations to meet immediate security needs for 
intercity and freight rail transportation. Further, as recommended by 
the General Accounting Office, the proposal requires DHS to sign a 
memorandum of agreement with the Department of Transportation to make 
clear each department's roles and responsibilities with respect to rail 
security.
  The freight railroads, individual commuter authorities, and Amtrak 
have, on their own initiative, completed risk assessments and taken 
steps to safeguard passengers, facilities, and cargo. These efforts, 
accomplished at a very small cost to the federal government, have 
helped make our rail system safer. The legislation introduced today 
will augment these efforts and bring these individual initiatives 
together in a coordinated rail security program.
  More than 2 years ago, in the aftermath of the September 11th 
attacks, the Commerce Committee reported rail security legislation but 
unfortunately that proposal was not adopted by the full Senate. The 
Commerce Committee will meet in the coming weeks to consider this 
legislation and it is my hope that the proposal will be acted upon 
quickly by the full Senate.
  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. 2273

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Rail 
     Security Act of 2004''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Rail transportation security risk assessment.
Sec. 3. Rail security.
Sec. 4. Study of foreign rail transport security programs.
Sec. 5. Passenger, baggage, and cargo screening.
Sec. 6. Certain personnel limitations not to apply.
Sec. 7. Fire and life safety improvements.
Sec. 8. Transportation security.
Sec. 9. Amtrak plan to assist families of passengers involved in rail 
              passenger accidents.
Sec. 10. System-wide Amtrak security upgrades.
Sec. 11. Freight and passenger rail security upgrades.
Sec. 12. Department of Transportation oversight.
Sec. 13. Rail security research and development.
Sec. 14. Welded rail and tank car safety improvements.
Sec. 15. Northern Border rail passenger report.

     SEC. 2. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

       (a) In General.--
       (1) Vulnerability assessment.--The Under Secretary of 
     Homeland Security for Border and Transportation Security, in 
     consultation with the Secretary of Transportation, shall 
     complete a vulnerability assessment of freight and passenger 
     rail transportation (encompassing rail carriers, as that term 
     is defined in section 20102(1) of title 49, United States 
     Code). The assessment shall include--
       (A) identification and evaluation of critical assets and 
     infrastructures;
       (B) identification of threats to those assets and 
     infrastructures;
       (C) identification of vulnerabilities that are specific to 
     the transportation of hazardous materials via railroad; and
       (D) identification of security weaknesses in passenger and 
     cargo security, transportation infrastructure, protection 
     systems, procedural policies, communications systems, 
     employee training, emergency response planning, and any other 
     area identified by the assessment.
       (2) Existing private and public sector efforts.--The 
     assessment shall take into account actions taken or planned 
     by both public and private entities to address identified 
     security issues and assess the effective integration of such 
     actions.
       (3) Recommendations.--Based on the assessment conducted 
     under paragraph (1), the Under Secretary, in consultation 
     with the

[[Page S3573]]

     Secretary of Transportation, shall develop prioritized 
     recommendations for improving rail security, including any 
     recommendations the Under Secretary has for--
       (A) improving the security of rail tunnels, rail bridges, 
     rail switching areas, other rail infrastructure and 
     facilities, information systems, and other areas identified 
     by the Under Secretary as posing significant rail-related 
     risks to public safety and the movement of interstate 
     commerce, taking into account the impact that any proposed 
     security measure might have on the provision of rail service;
       (B) deploying weapon detection equipment;
       (C) training employees in terrorism prevention, passenger 
     evacuation, and response activities;
       (D) conducting public outreach campaigns on passenger 
     railroads;
       (E) deploying surveillance equipment; and
       (F) identifying the immediate and long-term economic impact 
     of measures that may be required to address those risks.
       (4) Plans.--The report required by subsection (c) shall 
     include--
       (A) a plan, developed in consultation with the freight and 
     intercity passenger railroads, and State and local 
     governments, for the government to provide increased security 
     support at high or severe threat levels of alert; and
       (B) a plan for coordinating rail security initiatives 
     undertaken by the public and private sectors.
       (b) Consultation; Use of Existing Resources.--In carrying 
     out the assessment required by subsection (a), the Under 
     Secretary of Homeland Security for Border and Transportation 
     Security shall consult with rail management, rail labor, 
     owners or lessors of rail cars used to transport hazardous 
     materials, shippers of hazardous materials, public safety 
     officials (including those within other agencies and offices 
     within the Department of Homeland Security) and other 
     relevant parties.
       (c) Report.--
       (1) Contents.--Within 180 days after the date of enactment 
     of this Act, the Under Secretary shall transmit to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure a report containing the assessment and 
     prioritized recommendations required by subsection (a) and an 
     estimate of the cost to implement such recommendations.
       (2) Format.--The Under Secretary may submit the report in 
     both classified and redacted formats if the Under Secretary 
     determines that such action is appropriate or necessary.
       (d) 2-year Updates.--The Under Secretary, in consultation 
     with the Secretary of Transportation, shall update the 
     assessment and recommendations every 2 years and transmit a 
     report, which may be submitted in both classified and 
     redacted formats, to the Committees named in subsection 
     (c)(1), containing the updated assessment and 
     recommendations.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary of Homeland 
     Security for Border and Transportation Security $5,000,000 
     for fiscal year 2005 for the purpose of carrying out this 
     section.

     SEC. 3. RAIL SECURITY.

       (a) Rail Police Officers.--Section 28101 of title 49, 
     United States Code, is amended by striking ``the rail 
     carrier'' each place it appears and inserting ``any rail 
     carrier''.
       (b) Review of Rail Regulations.--Within 1 year after the 
     date of enactment of this Act, the Secretary of 
     Transportation, in consultation with the Under Secretary of 
     Homeland Security for Border and Transportation Security, 
     shall review existing rail regulations of the Department of 
     Transportation for the purpose of identifying areas in which 
     those regulations need to be revised to improve rail 
     security.

     SEC. 4. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.

       (a) Requirement for Study.--Within one year after the date 
     of enactment of the Rail Security Act of 2004, the 
     Comptroller General shall complete a study of the rail 
     passenger transportation security programs that are carried 
     out for rail transportation systems in Japan, member nations 
     of the European Union, and other foreign countries.
       (b) Purpose.--The purpose of the study shall be to identify 
     effective rail transportation security measures that are in 
     use in foreign rail transportation systems, including 
     innovative measures and screening procedures determined 
     effective.
       (c) Report.--The Comptroller General shall submit a report 
     on the results of the study to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure. The report shall include the Comptroller 
     General's assessment regarding whether it is feasible to 
     implement within the United States any of the same or similar 
     security measures that are determined effective under the 
     study.

     SEC. 5. PASSENGER, BAGGAGE, AND CARGO SCREENING.

       (a) Requirement for Study and Report.--The Under Secretary 
     of Homeland Security for Border and Transportation Security, 
     in cooperation with the Secretary of Transportation, shall--
       (1) analyze the cost and feasibility of requiring security 
     screening for passengers, baggage, and mail on passenger 
     trains; and
       (2) report the results of the study, together with any 
     recommendations that the Under Secretary may have for 
     implementing a rail security screening program to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure within 1 year after the date of enactment of 
     this Act.
       (b) Pilot Program.--As part of the study under subsection 
     (a), the Under Secretary shall complete a pilot program of 
     random security screening of passengers and baggage at 5 
     passenger rail stations served by Amtrak selected by the 
     Under Secretary. In conducting the pilot program, the Under 
     Secretary shall--
       (1) test a wide range of explosives detection technologies, 
     devices and methods;
       (2) require that intercity rail passengers produce 
     government-issued photographic identification which matches 
     the name on the passenger's tickets prior to boarding trains; 
     and
       (3) attempt to achieve a distribution of participating 
     train stations in terms of geographic location, size, 
     passenger volume, and whether the station is used by commuter 
     rail passengers as well as Amtrak passengers.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary of Homeland 
     Security for Border and Transportation Security to carry out 
     this section $5,000,000 for fiscal year 2005.

     SEC. 6. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.

       Any statutory limitation on the number of employees in the 
     Transportation Security Administration of the Department of 
     Transportation, before or after its transfer to the 
     Department of Homeland Security, does not apply to the extent 
     that any such employees are responsible for implementing the 
     provisions of this Act.

     SEC. 7. FIRE AND LIFE SAFETY IMPROVEMENTS.

       (a) Life Safety Needs.--The Secretary of Transportation is 
     authorized to make grants to Amtrak for the purpose of making 
     fire and life-safety improvements to tunnels on the Northeast 
     Corridor in New York, N.Y., Baltimore, Md., and Washington, 
     D.C.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation for the 
     purposes of carrying out subsection (a) the following 
     amounts:
       (1) For the 6 New York tunnels to provide ventilation, 
     electrical, and fire safety technology upgrades, emergency 
     communication and lighting systems, and emergency access and 
     egress for passengers--
       (A) $100,000,000 for fiscal year 2005;
       (B) $100,000,000 for fiscal year 2006;
       (C) $100,000,000 for fiscal year 2007;
       (D) $100,000,000 for fiscal year 2008; and
       (E) $170,000,000 for fiscal year 2009.
       (2) For the Baltimore & Potomac tunnel and the Union 
     tunnel, together, to provide adequate drainage, ventilation, 
     communication, lighting, and passenger egress upgrades--
       (A) $10,000,000 for fiscal year 2005;
       (B) $10,000,000 for fiscal year 2006;
       (C) $10,000,000 for fiscal year 2007;
       (D) $10,000,000 for fiscal year 2008; and
       (E) $17,000,000 for fiscal year 2009.
       (3) For the Washington, D.C. Union Station tunnels to 
     improve ventilation, communication, lighting, and passenger 
     egress upgrades--
       (A) $8,000,000 for fiscal year 2005;
       (B) $8,000,000 for fiscal year 2006;
       (C) $8,000,000 for fiscal year 2007;
       (D) $8,000,000 for fiscal year 2008; and
       (E) $8,000,000 for fiscal year 2009.
       (c) Infrastructure Upgrades.--There are authorized to be 
     appropriated to the Secretary of Transportation for fiscal 
     year 2005 $3,000,000 for the preliminary design of options 
     for a new tunnel on a different alignment to augment the 
     capacity of the existing Baltimore tunnels.
       (d) Availability of Appropriated Funds.--Amounts 
     appropriated pursuant to this section shall remain available 
     until expended.
       (e) Plan Required.--The Secretary may not make amounts 
     available to Amtrak for obligation or expenditure under 
     subsection (a)--
       (1) until Amtrak has submitted to the Secretary, and the 
     Secretary has approved, an engineering and financial plan for 
     such projects; and
       (2) unless, for each project funded pursuant to this 
     section, the Secretary has approved a project management plan 
     prepared by Amtrak addressing project budget, construction 
     schedule, recipient staff organization, document control and 
     record keeping, change order procedure, quality control and 
     assurance, periodic plan updates, periodic status reports, 
     and such other matter the Secretary deems appropriate;
       (f) Financial Contribution from Other Tunnel Users.--The 
     Secretary shall, taking into account the need for the timely 
     completion of all life safety portions of the tunnel projects 
     described in subsection (a)--
       (1) consider the extent to which rail carriers other than 
     Amtrak use the tunnels;
       (2) consider the feasibility of seeking a financial 
     contribution from those other rail carriers toward the costs 
     of the projects; and
       (3) seek financial contributions or commitments from such 
     other rail carriers at levels reflecting the extent of their 
     use of the tunnels.

[[Page S3574]]

     SEC. 8. TRANSPORTATION SECURITY.

       (a) Memorandum of Agreement.--Within 60 days after the date 
     of enactment of this Act, the Secretary of Transportation and 
     the Under Secretary of Homeland Security for Border and 
     Transportation Security shall execute a memorandum of 
     agreement governing the roles and responsibilities of the 
     Department of Transportation and the Department of Homeland 
     Security, respectively, in addressing railroad transportation 
     security matters, including the processes the departments 
     will follow to promote communications, efficiency, and 
     nonduplication of effort.
       (b) Rail Safety Regulations.--Section 20103(a) of title 49, 
     United States Code, is amended by striking ``safety'' the 
     first place it appears, and inserting ``safety, including 
     security,''.

     SEC. 9. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED 
                   IN RAIL PASSENGER ACCIDENTS.

       (a) In General.--Chapter 243 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 24316.  Plans to address needs of families of 
       passengers involved in rail passenger accidents

       ``(a) Submission of Plan.--Not later than 6 months after 
     the date of the enactment of the Rail Security Act of 2004, 
     Amtrak shall submit to the Chairman of the National 
     Transportation Safety Board a plan for addressing the needs 
     of the families of passengers involved in any rail passenger 
     accident involving an Amtrak intercity train and resulting in 
     a loss of life.
       ``(b) Contents of Plans.--The plan to be submitted by 
     Amtrak under subsection (a) shall include, at a minimum, the 
     following:
       ``(1) A process by which Amtrak will maintain and provide 
     to the National Transportation Safety Board, immediately upon 
     request, a list (which is based on the best available 
     information at the time of the request) of the names of the 
     passengers aboard the train (whether or not such names have 
     been verified), and will periodically update the list. The 
     plan shall include a procedure, with respect to unreserved 
     trains and passengers not holding reservations on other 
     trains, for Amtrak to use reasonable efforts to ascertain the 
     number and names of passengers aboard a train involved in an 
     accident.
       ``(2) A plan for creating and publicizing a reliable, toll-
     free telephone number within 4 hours after such an accident 
     occurs, and for providing staff, to handle calls from the 
     families of the passengers.
       ``(3) A process for notifying the families of the 
     passengers, before providing any public notice of the names 
     of the passengers, by suitably trained individuals.
       ``(4) A process for providing the notice described in 
     paragraph (2) to the family of a passenger as soon as Amtrak 
     has verified that the passenger was aboard the train (whether 
     or not the names of all of the passengers have been 
     verified).
       ``(5) A process by which the family of each passenger will 
     be consulted about the disposition of all remains and 
     personal effects of the passenger within Amtrak's control; 
     that any possession of the passenger within Amtrak's control 
     will be returned to the family unless the possession is 
     needed for the accident investigation or any criminal 
     investigation; and that any unclaimed possession of a 
     passenger within Amtrak's control will be retained by the 
     rail passenger carrier for at least 18 months.
       ``(6) A process by which the treatment of the families of 
     nonrevenue passengers will be the same as the treatment of 
     the families of revenue passengers.
       ``(7) An assurance that Amtrak will provide adequate 
     training to its employees and agents to meet the needs of 
     survivors and family members following an accident.
       ``(c) Use of Information.--The National Transportation 
     Safety Board and Amtrak may not release to any person 
     information on a list obtained under subsection (b)(1) but 
     may provide information on the list about a passenger to the 
     family of the passenger to the extent that the Board or 
     Amtrak considers appropriate.
       ``(d) Limitation on Liability.--Amtrak shall not be liable 
     for damages in any action brought in a Federal or State court 
     arising out of the performance of Amtrak in preparing or 
     providing a passenger list, or in providing information 
     concerning a train reservation, pursuant to a plan submitted 
     by Amtrak under subsection (b), unless such liability was 
     caused by Amtrak's conduct.
       ``(e) Limitation on Statutory Construction.--Nothing in 
     this section may be construed as limiting the actions that 
     Amtrak may take, or the obligations that Amtrak may have, in 
     providing assistance to the families of passengers involved 
     in a rail passenger accident.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of 
     Transportation for the use of Amtrak $500,000 for fiscal year 
     2005 to carry out this section. Amounts appropriated pursuant 
     to this subsection shall remain available until expended.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     243 of title 49, United States Code, is amended by adding at 
     the end the following:

``Sec.
``24316.  Plan to assist families of passengers involved in rail 
              passenger accidents''.

     SEC. 10. SYSTEM-WIDE AMTRAK SECURITY UPGRADES.

       (a) In General--Subject to subsection (c), the Under 
     Secretary of Homeland Security for Border and Transportation 
     Security is authorized to make grants, through the Secretary 
     of Transportation, to Amtrak--
       (1) to secure major tunnel access points and ensure tunnel 
     integrity in New York, Baltimore, and Washington, D.C.;
       (2) to secure Amtrak trains;
       (3) to secure Amtrak stations;
       (4) to obtain a watch list identification system approved 
     by the Under Secretary;
       (5) to obtain train tracking and communications systems 
     that are coordinated to the maximum extent possible;
       (6) to hire additional police and security officers, 
     including canine units; and
       (7) to expand emergency preparedness efforts.
       (b) Conditions.--The Secretary of Transportation may not 
     disburse funds to Amtrak under subsection (a) unless the 
     projects are contained in a systemwide security plan approved 
     by the Under Secretary, in consultation with the Secretary of 
     Transportation, and meet the requirements of section 7(e)(2).
       (c) Equitable Geographic Allocation.--The Secretary shall 
     ensure that, subject to meeting the highest security needs on 
     Amtrak's entire system, stations and facilities located 
     outside of the Northeast Corridor receive an equitable share 
     of the security funds authorized by this section.
       (d) Availability of Funds.--There are authorized to be 
     appropriated to the Under Secretary of Homeland Security for 
     Border and Transportation Security $62,500,000 for fiscal 
     year 2005 for the purposes of carrying out this section. 
     Amounts appropriated pursuant to this subsection shall remain 
     available until expended.

     SEC. 11. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

       (a) Security Improvement Grants.--The Under Secretary of 
     Homeland Security for Border and Transportation Security is 
     authorized to make grants to freight railroads, the Alaska 
     Railroad, hazardous materials shippers, owners of rail cars 
     used in the transportation of hazardous materials, and, 
     through the Secretary of Transportation, to Amtrak, for full 
     or partial reimbursement of costs incurred in the conduct of 
     activities to prevent or respond to acts of terrorism, 
     sabotage, or other intercity passenger rail and freight rail 
     security threats, including--
       (1) security and redundancy for critical communications, 
     computer, and train control systems essential for secure rail 
     operations;
       (2) accommodation of cargo or passenger screening equipment 
     at the United States-Mexico border or the United States-
     Canada border;
       (3) the security of hazardous material transportation by 
     rail;
       (4) secure intercity passenger rail stations, trains, and 
     infrastructure;
       (5) structural modification or replacement of pressurized 
     tank cars to improve their resistance to acts of terrorism;
       (6) employee security awareness, preparedness, passenger 
     evacuation, and emergency response training;
       (7) public security awareness campaigns for passenger train 
     operations; and
       (8) other improvements recommended by the report required 
     by section 2, including infrastructure, facilities, and 
     equipment upgrades.
       (b) Accountability.--The Under Secretary shall adopt 
     necessary procedures, including audits, to ensure that grants 
     made under this section are expended in accordance with the 
     purposes of this Act and the priorities and other criteria 
     developed by the Under Secretary.
       (c) Conditions.--The Secretary of Transportation may not 
     disburse funds to Amtrak under subsection (a) unless Amtrak 
     meets the conditions set forth in section 10(b) of this Act.
       (d) Tank Car Replacement Incentive.--A grant under 
     subsection (a)(5) may be for up to 15 percent of the cost of 
     the modification or replacement of a pressurized tank car.
       (e) Allocation between Railroads and Others.--Unless as a 
     result of the assessment required by section 2 the Under 
     Secretary of Homeland Security for Border and Transportation 
     Security determines that critical rail transportation 
     security needs require reimbursement in greater amounts to 
     any eligible entity, no grants under this section may be 
     made--
       (1) in excess of $65,000,000 to Amtrak; or
       (2) in excess of $100,000,000 for the purposes described in 
     paragraphs (3) and (4) of subsection (a).
       (f) Procedures for Grant Award.--The Under Secretary shall 
     prescribe procedures and schedules for the awarding of grants 
     under this title, including application and qualification 
     procedures (including a requirement that the applicant have a 
     security plan), and a record of decision on applicant 
     eligibility. The procedures shall include the execution of a 
     grant agreement between the grant recipient and the Under 
     Secretary. The Under Secretary shall issue a final rule 
     establishing the procedures not later than 90 days after the 
     date of enactment of this Act.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary of Homeland 
     Security for Border and Transportation Security $250,000,000 
     for fiscal year 2005 to carry out the purposes of this 
     section. Amounts appropriated pursuant to this subsection 
     shall remain available until expended.

[[Page S3575]]

     SEC. 12. DEPARTMENT OF TRANSPORTATION OVERSIGHT.

       (a) Secretarial Oversight.--The Secretary of Transportation 
     may use up to 0.5 percent of amounts made available to Amtrak 
     for capital projects under the Rail Security Act of 2004 to 
     enter into contracts for the review of proposed capital 
     projects and related program management plans and to oversee 
     construction of such projects.
       (b) Use of Funds.--The Secretary may use amounts available 
     under subsection (a) of this subsection to make contracts for 
     safety, procurement, management, and financial compliance 
     reviews and audits of a recipient of amounts under subsection 
     (a).

     SEC. 13. RAIL SECURITY RESEARCH AND DEVELOPMENT.

       (a) Establishment of Research and Development Program.--The 
     Under Secretary of Homeland Security for Border and 
     Transportation Security, in conjunction with the Secretary of 
     Transportation, shall carry out a research and development 
     program for the purpose of improving freight and intercity 
     passenger rail security, including research and development 
     projects to--
       (1) reduce the vulnerability of passenger trains, stations, 
     and equipment to explosives;
       (2) test new emergency response techniques and 
     technologies;
       (3) develop improved freight technologies, including--
       (A) technologies for sealing rail cars;
       (B) automatic inspection of rail cars;
       (C) communication-based train controls; and
       (D) emergency response training;
       (4) test wayside detectors that can detect tampering with 
     railroad equipment; and
       (5) support enhanced security for the transportation of 
     hazardous materials by rail, including--
       (A) technologies to detect a breach in a tank car and 
     transmit information about the integrity of tank cars to the 
     train crew;
       (B) research to improve tank car integrity, with a focus on 
     tank cars that carry toxic-inhalation chemicals; and
       (C) techniques to transfer hazardous materials from rail 
     cars that are damaged or otherwise represent an unreasonable 
     risk to human life or public safety.
       (b) Coordination with other Research Initiatives.--The 
     Under Secretary of Homeland Security for Border and 
     Transportation Security shall ensure that the research and 
     development program authorized by this section is coordinated 
     with other research and development initiatives at the 
     Department and the Department of Transportation.
       (c) Accountability.--The Under Secretary of Homeland 
     Security for Border and Transportation Security shall carry 
     out any research and development project authorized by this 
     section through a reimbursable agreement with the Secretary 
     of Transportation if the Secretary of Transportation--
       (1) is already sponsoring a research and development 
     project in a similar area; or
       (2) has a unique facility or capability the would be useful 
     in carrying out the project.
       (d) Authorization of Appropriations.--There are authorized 
     to appropriated to the Under Secretary of Homeland Security 
     for Border and Transportation Security $50,000,000 in each of 
     fiscal years 2005 and 2006 to carry out the purposes of this 
     section. Amounts appropriated pursuant to this subsection 
     shall remain available until expended.

     SEC. 14. WELDED RAIL AND TANK CAR SAFETY IMPROVEMENTS.

       (a) Track Standards.--Within 90 days after the date of 
     enactment of this Act, the Federal Railroad Administration 
     shall--
       (1) require each railroad using continuous welded rail 
     track to include procedures (in its program filed with the 
     Administration) that improve the identification of cracks in 
     rail joint bars;
       (2) instruct Administration track inspectors to obtain 
     copies of the most recent continuous welded rail programs of 
     each railroad within the inspectors' areas of responsibility 
     and require that inspectors use those programs when 
     conducting track inspections; and
       (3) establish a program to periodically review continuous 
     welded rail joint bar inspection data from railroads and 
     Administration track inspectors and, whenever the 
     Administration determines that it is necessary or 
     appropriate, require railroads to increase the frequency or 
     improve the methods of inspection of joint bars in continuous 
     welded rail.
       (b) Tank Car Standards.--The Federal Railroad 
     Administration shall--
       (1) within 1 year after the date of enactment of this Act, 
     validate the predictive model it is developing to quantify 
     the maximum dynamic forces acting on railroad tank cars under 
     accident conditions; and
       (2) within 18 months after the date of enactment of this 
     Act, initiate a rulemaking to develop and implement 
     appropriate design standards for pressurized tank cars.
       (c) Older Tank Car Impact Resistance Analysis and Report.--
     Within 2 years after the date of enactment of this Act, the 
     Federal Railroad Administration, in coordination with the 
     National Transportation Safety Board, shall--
       (1) conduct a comprehensive analysis to determine the 
     impact resistance of the steels in the shells of pressure 
     tank cars constructed before 1989; and
       (2) transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure with 
     recommendations for measures to eliminate or mitigate the 
     risk of catastrophic failure.

     SEC. 15. NORTHERN BORDER RAIL PASSENGER REPORT.

       Within 180 days after the date of enactment of this Act, 
     the Under Secretary of Homeland Security for Border and 
     Transportation Security, in consultation with the heads of 
     other appropriate Federal departments and agencies and the 
     National Railroad Passenger Corporation, shall transmit a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure that contains--
       (1) a description of the current system for screening 
     passengers and baggage on passenger rail service between the 
     United States and Canada;
       (2) an assessment of the current program to provide 
     preclearance of airline passengers between the United States 
     and Canada as outlined in ``The Agreement on Air Transport 
     Preclearance between the Government of Canada and the 
     Government of the United States of America'', dated January 
     18, 2001;
       (3) an assessment of the current program to provide 
     preclearance of freight railroad traffic between the United 
     States and Canada as outlined in the ``Declaration of 
     Principle for the Improved Security of Rail Shipments by 
     Canadian National Railway and Canadian Pacific Railway from 
     Canada to the United States'', dated April 2, 2003;
       (4) information on progress by the Department of Homeland 
     Security and other Federal agencies towards finalizing a 
     bilateral protocol with Canada that would provide for 
     preclearance of passengers on trains operating between the 
     United States and Canada;
       (5) a description of legislative, regulatory, budgetary, or 
     policy barriers within the United States Government to 
     providing pre-screened passenger lists for rail passengers 
     travelling between the United States and Canada to the 
     Department of Homeland Security;
       (6) a description of the position of the Government of 
     Canada and relevant Canadian agencies with respect to 
     preclearance of such passengers; and
       (7) a draft of any changes in existing Federal law 
     necessary to provide for pre-screening of such passengers and 
     providing pre-screened passenger lists to the Department of 
     Homeland Security.

      By Ms. LANDRIEU:
  S. 2274. A bill to expand and improve retired pay, burial, education, 
and other mobilization benefits for members of the National Guard and 
Reserves who are called or ordered to active duty, and for other 
purposes; to the Committee on Finance.
  Ms. LANDRIEU. Mr. President, I rise to introduce and send to the desk 
the 21st Century Citizen Soldier Benefits Act which I introduce on 
behalf of myself.
  I thought I would take a moment this afternoon to outline the 
framework and the context of this bill because it has to do with our 
Armed Forces. It has to do with a very important component of our Armed 
Forces, which is our Guard and Reserve units, part of our total force, 
a very important part of that total force as I hope to outline.
  This is an attempt to put before the Senate and the Congress a 
comprehensive bill--one that I find and I know people in Louisiana 
across party lines and in very energetic and enthusiastic ways support 
because the need is so great--to support our men and women in uniform, 
particularly our Guard and Reserve components.
  If the war on terror is teaching us anything--and we are learning 
some tough lessons each and every day as we move forward through this 
war--we all know we cannot defend this Nation adequately without the 
strength provided by our National Guard and Reserves.
  Since 9/11 when this country was attacked, the first time in this 
large measure since the attack on Pearl Harbor many years ago, over 
355,000 guardsmen and reservists have been mobilized.
  To give a grasp of that number, our Navy today, arguably the most 
powerful in the world, has 375,000 sailors. So in 2\1/2\ years, we have 
called up almost enough guardsmen and reservists to man every ship in 
the United States Navy. That is a lot of manpower and a lot of 
womanpower, and they deserve our very best effort. They are not just 
backfilling for Active Forces. They are serving on the front lines, as 
we have seen today how brutal those front lines can be. They are being 
wounded and killed just like our Active Forces. In fact, 97 of the 600 
deaths in Iraq have been Guard and Reserve deaths.
  Today 176,000 citizen soldiers wear the uniform full time, and that 
number, as I will show, is growing exponentially. By May 1, 40 percent 
of the

[[Page S3576]]

troops in Iraq will be members of the National Guard and Reserve. These 
are men and women who have full-time jobs, who are coaches, small 
business owners, policemen, firemen, State workers, and waiters and 
waitresses in our restaurants. They hold many jobs, but they are then 
called up. They take off their daily dress clothes and put on the 
uniform and go to the front lines to protect us.
  In Louisiana, and I know this is true in Texas, thousands of men and 
women have been called up.
  We have 3,051 reservists on active duty right now. Over 6,000 
Louisiana reservists have been activated since 
9/11. For many, their activation periods have unfortunately lasted, 
because of the demand on our troops, sometimes in excess of 18 months 
to 24 months. The 528th Engineering Battalion from Monroe, LA, recently 
deployed to Afghanistan, 500 Louisianans on their way serving already. 
Marine Reserve Company B of Bossier City, 150 Marines have just been 
put on alert for mobilization. Company B has already been mobilized 
before.
  Last month, the Department of Defense put another 18,000 National 
Guardsmen on alert status, including 3,800 members from Louisiana's 
256th Separate Infantry Brigade. I will be visiting their leaders on 
Monday, in Lafayette, LA, and be visiting with their families to talk 
about the separation that is going to occur and how we are doing as a 
nation, as a State, and as a community, to help them through this 
difficult time as they help, protect, and give us their very best in 
this war effort.
  The National Guard and Reserve, as I said, make up now 45 percent of 
our forces. We simply cannot fight without them. Yet as I am going to 
explain, the benefits, their pensions, their compensation, their GI 
benefits, their retirement benefits, and even their burial benefits do 
not match with their level of service and do not match with the 
contribution they are, in fact, making.
  I understand why because when the framework for the Guard and 
Reserves was initially put together, they were thought of as sort of a 
backup, as a filler.
  They do other things as well other than, of course, fighting wars. 
They help our States mobilize at times of national and natural 
disasters. So I am clear, as are many of us, about why initially, as 
the Guard and Reserve was created and the framework developed, those 
rules and regulations were put into place back in the 1940s, in the 
1960s, and in the 1970s.
  In 2004, the times are different. The demands are great and they are 
meeting this challenge. As a Congress we need to meet them more than 
halfway.
  Nearly 35,000 have been mobilized more than once. Imagine returning 
from Afghanistan, reuniting with your family, getting your business 
restarted, getting back into the desk you left before you went to 
serve, only to be told to get ready because you are leaving in another 
few months, get ready to ship out again.
  We have a retention and recruiting crisis looming on the horizon. I 
would like to show the number of troops, reservists, who have been 
called up from 1953 through 1989, through the Berlin crisis of 1961, 
through the Cuban missile crisis, and the Vietnam war, we called up a 
total of 199,877, about 200,000, through all of this, three times in 40 
years. Since 1990, in the last 14 years, we have called up 634,984--the 
Persian Gulf war, the intervention in Haiti, Bosnian peacekeeping, 
Operation Southern Watch, the Kosovo conflict, now our ongoing war on 
terrorism, which has many fronts, primarily in Afghanistan and in Iraq. 
That is unprecedented in terms of our recent history.
  The question to us should be: Are we doing what we should as we are 
increasing our military budget substantially? I, for one, have 
supported each and every increase and almost argued in many instances 
for more money going to our military. What portion of that increase is 
going to the Guard and Reserve to make sure their pensions are intact, 
that when they retire their compensation is fair, that their families 
are cared for at least at a decent and adequate level while they serve 
us so magnificently and so beautifully? So we can see we are calling 
more and more on our Guard and Reserve.
  I ask unanimous consent to have printed in the Record an excellent 
article that appeared in the Washington Post in January of this year by 
Mr. Vernon Loeb, a very excellent staff writer.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

               [From the Washington Post, Jan. 21, 2004]

               Army Reserve Chief Fears Retention Crisis

                            (By Vernon Loeb)

       The head of the Army Reserve said yesterday that the 
     205,000-soldier force must guard against a potential crisis 
     in its ability to retain troops, saying serious problems are 
     being ``masked'' temporarily because reservists are barred 
     from leaving the military while their units are mobilized in 
     Iraq.
       Lt. Gen. James R. Helmly said his staff is working on an 
     overhaul of the reserve aimed in part at treating soldiers 
     better and being more honest with them about how long they're 
     likely to be deployed. Helmly said the reserve force 
     bureaucracy bungled the mobilization of soldiers for the war 
     in Iraq, and gave them a ``pipe dream'' instead of honest 
     information about how long they might have to remain there.
       ``This is the first extended-duration war our Nation has 
     fought with an all-volunteer force,'' said Helmly. ``We must 
     be sensitive to that. And we must apply proactive, preventive 
     measures to prevent a recruiting-retention crisis.''
       Helmly said his staff is engaged in an overhaul of the 
     reserve aimed at turning the Army's part-time soldiers into a 
     top-flight fighting force that can handle the strains of the 
     global war on terrorism. In a Pentagon briefing for defense 
     reporters, Helmly outlined an array of planned changes and 
     bluntly described the force he took over in May 2002 as being 
     dominated by bureaucrats who often ignored soldiers' needs.
       In a recent memo, Helmly said, he told his subordinates 
     that he was ``really tired of going to see our reserve 
     soldiers [and finding] they're short such simple things as 
     goggles. It's about damn time you listen to your lawyers less 
     and your conscience more. That will probably get me in 
     trouble. But I told them, I want this stuff fixed.''
       Reservists in Iraq have long complained about having to 
     spend a year there with inadequate equipment, including a 
     lack of body armor.
       Most reservists went to Iraq last year on year-long 
     mobilizations, with a belief that they would be required to 
     spend only 6 months in the country. But they were abruptly 
     informed in September that they would have to spend 12 months 
     in Iraq, pushing the total length of many reservists' 
     mobilizations to 16 months or longer.
       Analysts inside and outside the military say these long 
     overseas mobilizations could have the effect of driving 
     reservists out of the military in droves once they begin 
     returning from Iraq over the next several months. After that, 
     the service will lift the ``stop-loss'' provisions that 
     prohibit soldiers from quitting the reserve when their 
     hitches are up.
       Helmly said he has not been surprised by such criticism. 
     ``The [Iraq] mobilization was so fraught with friction that 
     it really put a bad taste in a lot of people's mouths,'' he 
     said. ``We had about 10,000 who had less than 5 days' notice 
     that they were going to be mobilized. Then we had about 8,000 
     who were mobilized, got trained up, and never deployed.''
       ``No sooner do the statues of Saddam Hussein start tumbling 
     down, then the guidance was, start planning to demobilize 
     everybody,'' Helmly said, only to find in July that a growing 
     insurgency required remobilizing 4,000 to 5,000 of the 8,000 
     that were initially mobilized but never deployed.
       ``One lesson I have certainly learned . . . it is 
     imperative that we communicate with our soldiers and their 
     families in advance, and that we not set false 
     expectations,'' Helmly said.
       To that end, Helmly said, a ``major order culture change'' 
     is taking place in the reserve so that reservists know, upon 
     joining, that they will be called up to active duty for 
     between 9 and 12 months every 4 to 5 years.
       As part of that change, he said, the current total of 2,091 
     reserve units will be reduced significantly so that every 
     unit--typically a support company of about 150 soldiers--is 
     manned, equipped and ready to go to war, if necessary.
       Currently, 226,000 soldiers would be necessary to man all 
     those units. But the Army Reserve is only authorized by 
     Congress to have 205,000 soldiers, Helmly said, and at any 
     given time, only between 160,000 and 175,000 of them are 
     available for mobilization.
       ``We will in fact inactivate units beginning next year 
     specifically to harvest the strength so we can man fully our 
     remaining units,'' Helmly said, adding that maintenance and 
     ``water support'' units will be reduced in favor of more 
     military police, civil affairs and heavy truck transport 
     detachments.
       ``I'm often asked by families, how do you know you'll be 
     able to recruit for this force?'' Helmly said. ``There are no 
     knowns; we're treading new virgin territory here. But most of 
     our people will respond well to the initiatives we're putting 
     forward. They don't wish to be part of a second-class team.''
  Ms. LANDRIEU. According to this reporter:


[[Page S3577]]


       The head of the Army Reserve said yesterday that the 
     205,000-soldier force must guard against a potential crisis 
     in its ability to retain troops, saying serious problems are 
     being ``masked'' temporarily because reservists are barred 
     from leaving the military while their units are mobilized in 
     Iraq.

  He goes on to say:

       Lieutenant General Helmly told his subordinates that he was 
     ``really tired of going to see our reserve soldiers [and 
     finding] they're short such simple things as goggles. It's 
     about damn time you listen to your lawyers less and your 
     conscience more. They will probably get me in trouble. But I 
     told them, I want this stuff fixed.''

  Not only are these men and women being called up in unprecedented 
numbers, not only are they being prevented from leaving, which is 
masking a potential readiness crisis, but they are also not being 
provided with some of the basic tools, equipment, and body armor that 
they need to protect themselves; therefore, contributing to a state of 
unease.
  Not that these guardsmen and reservists are not patriotic, not that 
they would not walk across hot coals, and in many instances they do 
every day to protect us, but we should at least be able to take these 
modest steps to make sure we are strengthening them and honoring their 
service to us.
  The operations in Iraq, Afghanistan, and Kosovo are ongoing, with no 
end in sight. We do not know if emergent threats around the world will 
become real and embroil us in yet other military operations, partially 
because our Active Forces are stretched so thin we need to call up our 
Guard and Reserve, and yet because of this we could face a retention 
crisis.
  As I said, the deployments are lengthy, the benefits and legal 
protections are not sufficient in many instances, and the equipment is 
lacking. So let us hope we can take steps through this legislation and 
others to fix this situation.
  I hope the bill I offer today and sponsor today--and I look forward 
to many cosponsors joining on this bill--will improve the Guard and 
Reserve benefits, and legal protections. As I said, we are calling it 
the 21st Century Citizen Soldier Benefit Act.
  We have had two major changes or improvements to the Guard and 
Reserve framework, one in 1940 and one in 1994. It is time, 10 years 
later, this year, 2004, with the unprecedented nature of their service, 
to step up this framework of support for our Guard and Reserve. It is 
time for Congress, in my opinion, to take a comprehensive look at the 
benefits and protections afforded to the members of the Guard and 
Reserve.
  We have not done so since 1994. It is time that we do this. My bill 
does it in several ways.
  First, we call for equal benefits for equal service in the area of 
burial benefits, for activated Guard and Reserve should be the same as 
Active Duty. Guardsmen and Reservists cannot be buried in national 
cemeteries unless they are killed in action. Think about that. A man or 
a woman serves not just for 6 months, but maybe 2 years, comes home, is 
called back to go again, dodges the bullets, gets past the landmines, 
perhaps is seriously injured but escapes unscathed and comes home after 
serving valiantly, and then is denied burial benefits because they were 
not ``killed in action.'' I think because of what they have done, it is 
time for us to give them the right opportunities for burial in our 
national cemeteries if they are serving the time that our Active Duty 
serve, with all the dignity that they would deserve in such a 
situation.
  The bill does not authorize every member of the Guard and Reserve to 
these burial rights, but it is inconceivable why someone who fought 
overseas for our Nation cannot be buried with his or her comrades 
simply because one soldier was in the Reserve and one soldier was 
active--fighting side by side, same foxhole, same patrol, same landmine 
but yet not the same burial ground.
  No. 2, we hope in this bill that guardsmen and reservists activated 
for 2 years should have active duty GI bill benefits--the GI bill, 
which is probably one of the best pieces of legislation this Congress 
has ever passed, it is referred to hundreds of time in speeches on and 
off the floor, and is one of the bills Americans generally know about, 
quote, and can say what it does. It has enabled millions of American 
troops to enroll in college when they returned from World War II. The 
GI bill created a bedrock of middle-class Americans. It was one of the 
cornerstones that helped us build the middle class, and it ushered in 
50 years of unprecedented economic growth. Why? Because when people get 
good training and good education, their earning potential goes up and 
the contribution they can make to their community rises in a 
significant way.
  Today, members of the Active-Duty Forces receive more in GI benefits 
than the Guard and Reserve personnel, and if the Guard and Reserve 
personnel weren't contributing in equal ways to our active duty, I 
would not be here arguing for them, but they are contributing in equal 
ways, putting their lives in danger. Our bill will allow them to 
participate more equally in the GI benefits.
  The third part of this bill would seek to create parity between 
Reserve components and Active Duty in terms of their retirement age. 
Right now, Active Duty can leave the military once they serve 20 years. 
We think that is a great benefit. It is one of the attractions to the 
military service. Many of our military men and women serve honorably 
for 20 years and then retire to go off and have yet a second and third 
career, as lifespans continue to increase. We are proud of that. We 
believe and know they contribute in many ways even past their service.
  But Guard and Reserve today cannot collect retirement until 60 years 
of age. This bill would reduce it to 55 years and end what is an unjust 
situation and help them. Hopefully it will address part of this 
retention issue by making these benefits more generous.
  The fourth and I think one of the most important issues this bill 
seeks to address is ending the pay gap faced by guardsmen and 
reservists. Mr. President, I don't know if in Texas you have had a lot 
of people complain to you about this, but I sure have had people in 
Louisiana come up and say to me, Senator, I can't possibly understand 
how we would ask someone to put on their uniform, go to Iraq, and take 
a 40-percent, 30-percent, or 20-percent cut in pay, to put their life 
on the line while we enjoy all the benefits staying home here in a safe 
place here on the homefront. It is not that we have not had challenges 
right here on the homefront, but not to the same degree and intensity 
as we are finding on the front lines of the battlefield.
  Yet the fact is, because there is no tax credit in our law right now 
and because it is not mandatory for employers--or the Federal 
Government, I might add, which is something Senator Durbin and I have 
worked very hard on together--to maintain their salaries at the level 
before they leave, some of these guardsmen and reservists are actually 
taking a 30-percent or 40-percent cut in pay to serve us and to keep us 
safe. That means while they are making the sacrifice on the 
battlefield, which many of these men and women are willing to make, we 
are asking their spouses and their children to give up the car, sell 
the house, give up their college fund, and it is simply not fair in a 
country that has the resources we have. In this Congress we want to 
give tax credits to everybody in the world for everything under the 
sun. I don't know how we can't find the few hundreds of millions of 
dollars that it would take to give this tax credit to allow people to 
serve in the Guard and Reserve and just maintain their salary level 
while they serve so it doesn't put their families in jeopardy.
  I am going to go visit our troops in Lafayette on Monday. I know the 
community comes together. I know the women, many of them, join together 
for bake sales and help out and pay each other's car payments. 
Sometimes the community pulls together to pay the mortgage on the 
house. I think that is wonderful and it is the good old American 
spirit. But I don't know if it is necessary, not when we are giving out 
tax credits to companies that are taking jobs overseas, not when we are 
giving out tax credits to people who make millions and are not putting 
on the uniform. The least we can do is help our businesses to write off 
what they would have as a voluntary compensation package to maintain 
this salary level for the men and women serving overseas to minimize 
the sacrifice made by their families here at home. It would also 
require the Federal Government to step up to the plate

[[Page S3578]]

and, as one of the largest employers in the Nation, to make sure those 
salaries are compensated.
  Let me share stories, one or two, from these families. There was an 
April 22, 2003 article from USA Today that I will ask unanimous consent 
to have printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                    [From USA Today, Apr. 22, 2003]

                     Reservists Under Economic Fire

       Washington.--Drastic pay cuts. Bankruptcy. Foreclosed 
     homes. They aren't exactly the kind of challenges that 
     members of America's military reserves signed up for when 
     they volunteered to serve their country.
       But for many, the biggest threat to the home front isn't 
     Saddam Hussein or Osama bin Laden. It's the bill collector.
       Four in 10 members of the National Guard or reserves lose 
     money when they leave their civilian jobs for active duty, 
     according to a Pentagon survey taken in 2000. Of 1.2 million 
     members, 223,000 are on active duty around the world.
       Concern is growing in Congress, and several lawmakers in 
     both parties have introduced legislation to ease the 
     families' burden.
       Janet Wright says she ``sat down and cried'' when she 
     realized how little money she and her children, Adelia, 5, 
     and Carolyn, 2, would have to live on when her husband was 
     sent to the Middle East. In his civilian job with an 
     environmental cleanup company, Russell Wright makes $60,000 a 
     year--twice what he'll be paid as a sergeant in the Marine 
     Forces Reserve. Back in Hammond, La., his wife, who doesn't 
     have a paying job, is pouring the kids more water and less 
     milk. She is trying to accelerate Carolyn's potty training 
     schedule to save on diapers.
       She doesn't know how long she'll have to pinch pennies. 
     Like his fellow reservists, Russell Wright has been called up 
     for one year. He could be sent home sooner, or the military 
     could exercise its option to extend his tour of duty for a 
     second year. Even so, Janet Wright considers her family 
     lucky: She can still pay the mortgage, and the children's 
     pediatrician accepts Tricare, the military health plan.
       Ray Korizon, a 23-year veteran with the Air Force Reserve 
     and an employee of the Federal Aviation Administration, says 
     his income will also be cut in half if his unit ships out. 
     Korizon, who lives in Schaumburg, Ill., knows the financial 
     costs of doing his patriotic duty from bitter experience. 
     Before the Persian Gulf War in 1991, he owned a Chicago 
     construction company with 26 employees. He was sent overseas 
     for six months and lost the business.
       Still, he never considered leaving the reserve. Korizon 
     says he enjoys the work and the camaraderie. But he worries 
     about whether his two kids can continue to see the same 
     doctor when he shifts to military health coverage. ``It's 
     hard to go out and do the job you want to do when you're 
     worried about things back home,'' he says.
       Once regarded as ``weekend warriors,'' they have become an 
     integral part of U.S. battle plans. Call-ups have been longer 
     and more frequent.
       ``The last time you'd see this type of mobilization 
     activity was during World War II,'' says Maj. Charles Kohler 
     of the Maryland National Guard. Of the Maryland Guard's 8,000 
     members, 3,500 are on active duty. Kohler knows several who 
     are in serious financial trouble. One had to file for 
     bankruptcy after a yearlong deployment, during which his 
     take-home pay fell by two-thirds.
       Stories like that are the result of a shift in military 
     policy. Since the end of the Cold War, the ranks of the full-
     time military have been reduced by one-third. The Pentagon 
     has increasingly relied on the nation's part-time soldiers. 
     More than 525,000 members of the Guards and reserves have 
     been mobilized in the 12 years since the Persian Gulf War. 
     For the previous 36 years, the figure was 199,877.
       The end of fighting in Iraq isn't likely to lessen the 
     pressure on the Guard and reserves. They'll stay on with the 
     regular military in a peacekeeping role. Nobody knows how 
     long, but in Bosnia, Guard members and reservists are on duty 
     seven years after the mission began.
       Korizon, who maintains avionics systems on C-130 cargo 
     planes, has been told his Milwaukee-based reserve unit may be 
     called up for humanitarian missions.
       Some of the specialists who are in the greatest demand--
     physicians and experts in biological and chemical agents--
     command six-figure salaries in civilian life. The average pay 
     for a midlevel officer is $50,000 to $55,000.
       ``They were prepared to be called up. They were prepared to 
     serve their country,'' Sen. Barbara Mikulski, D-Md., says. 
     ``They were not prepared to be part of a regular force and be 
     away from home 200 to 300 days a year.''
       Concerns are growing on Capitol Hill. As the nation's 
     reliance on the Guard and reserves has increased, ``funding 
     for training and benefits simply have not kept up,'' says 
     Republican Sen. Saxby Chambliss of Georgia, a member of the 
     Armed Services Committee.
       The General Accounting Office, Congress' auditing arm, is 
     studying pay and benefits for Guard members and reservists. A 
     report is due in September. Meanwhile, members of Congress 
     are pushing several bills to ease the burden:
       Closing the pay gap. Some employers make up the difference 
     in salary for reservists on active duty. But many, including 
     the federal government, do not. A bill sponsored by 
     Democratic Sens. Mikulski, Dick Durbin of Illinois and Mary 
     Landrieu of Louisiana would require the federal government to 
     make up lost pay. Landrieu is doing that for one legislative 
     aide who has been called up for active duty.
       She has also introduced a bill to give private employers a 
     50% tax credit if they subsidize reservists' salaries.
       Closing the health gap. Once on active duty, reservists, 
     Guard members and their families are covered by Tricare.
       But for the 75% of reserve and Guard families living more 
     than 50 miles from military treatment facilities, finding 
     physicians who participate in Tricare can be difficult.
       A measure sponsored by Sen. Mike DeWine, a Republican from 
     Ohio, would give reservists and Guard members the option of 
     making Tricare their regular insurer or having the federal 
     government pay premiums for their civilian health insurance 
     while they are on active duty. Several senior Democrats, 
     including Senate Minority Leader Tom Daschle of South Dakota 
     and Sen. Edward Kennedy of Massachusetts, support the idea.
       Keeping creditors at bay. The Soldiers and Sailors Relief 
     Act caps interest rates on mortgages, car payments and other 
     debts owed by military personnel at 6% while they are on 
     active duty. But Sen. Lindsey Graham, a South Carolina 
     Republican who is the Senate's only reservist, says the act 
     doesn't apply to debts that are held in the name of a spouse 
     who is not a member of the military. He plans to introduce 
     legislation to cover spouses.
       Despite a groundswell of support for troops, none of the 
     bills is assured of passage. There's concern among some 
     administration officials about the cost of some of the 
     proposals. In addition, some at the Pentagon think morale 
     would be hurt if some reservists end up with higher incomes 
     than their counterparts in the regular ranks.

  Ms. LANDRIEU. It starts:

       Drastic pay cuts. Bankruptcy. Foreclosed homes. They aren't 
     exactly the kind of challenges that members of America's 
     military reserves signed up for when they volunteered to 
     serve their country. But for many, the biggest threat to the 
     home front isn't Saddam Hussein or Osama bin Laden. It's the 
     bill collector.

  And that is a shame. I think the two enemies mentioned before the 
bill collector are people we need to actually be focusing our attention 
on, bringing them to justice in one case and finding them in the other. 
I don't think our troops need to be worried about bill collectors back 
home, but that is the position we have them in because we have not 
acted, will not act, refuse to act in the face of giving everybody else 
tax credits, but we can't seem to find room in the budget for these 
634,000 of our bravest.
  I want to say for the record, in Louisiana, Janet Wright's husband 
Russell is in the Marine Reserves. He made $60,000 a year. Russell was 
activated. He will only make $30,000. Mrs. Wright says she started 
putting water in her children's cereal and hopes her daughter can be 
quickly potty trained to save on diapers. Mrs. Wright has to count 
every penny.
  This family is from Hammond, LA. I just don't think this is right. I 
think we can do something about it, and this bill attempts to do that. 
A 50-percent tax credit to those employers to continue to pay their 
salaries to fill this pay gap is part of this bill.
  One other point of the bill, and then a short conclusion. We put a 
cap on interest rates. Many of us have loans out for a variety of 
different purposes--automobiles, perhaps some business loans that have 
been made for our businesses, obviously mortgages. We put in an 
interest rate cap so when you are deployed, you don't have to pay more 
than a 6-percent rate. When rates were 20 percent and 25 percent, that 
made a lot of sense and it was a great benefit. But as rates are 
relatively low today, this bill would make a modest change to either 
have it at 6 percent or prime plus 1. Again, it is not a huge amount of 
money, but it could potentially save a family a few hundred dollars a 
year. It is the least we can do as part of trying to help them make 
ends meet while their primary breadwinner in most cases is the one 
deployed.
  As Congress works to best give our military the tools they need to 
succeed in the 21st century, we must reinforce and increase the 
benefits and protections for our Reserves. We have asked so much of 
them, and they have met every challenge with excellence. As we saw 
unfolding on our television screens yesterday and today, we couldn't 
ask them to do more. The least we can do is to look at the package of 
benefits,

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upgrade it where we can, make sacrifices in other areas of our budget, 
and fund them first. They are the ones who are protecting us at this 
time. When we can provide greater legal protections to ease the stress 
on the homefront, we must, when and where we can. Failure to act will 
just exacerbate retention challenges. It will undermine our efforts to 
succeed in our war on terror.
  I introduce this bill today. I hope we can have a speedy hearing.
  I ask my colleagues to join me in sponsoring this bill so we can have 
a great bipartisan effort. There are many other things we can so the 
Guard and Reserve really know we appreciate them, because we just do 
not take pictures with them but we actually put them in our budget.
  I yield the floor.
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