[Congressional Record Volume 151, Number 48 (Wednesday, April 20, 2005)]
[Senate]
[Pages S4024-S4036]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. LUGAR:
  S. 853. A bill to direct the Secretary of State to establish a 
program to bolster the mutual security and safety of the United States, 
Canada, and Mexico, and for other purposes; to the Committee on Foreign 
Relations.
  Mr. LUGAR. Mr. President, I rise to introduce the North American 
Cooperative Security Act, NACSA. The purpose of this bill is to enhance 
the mutual security and safety of the United States, Canada, and Mexico 
by providing a framework for better management, communication and 
coordination between the Governments of North America. To advance these 
goals, this bill would: Improve procedures for exchanging relevant 
security information with Mexico and Canada; improve our military-to-
military relations with Mexico; improve the security of Mexico's 
southern border; establish a database to track the movement of members 
of Central American gangs between the United States, Mexico, and 
Central American countries; require U.S. government agencies to develop 
a strategy for achieving an agreement with the Mexican government on 
joint measures to impede the ability of third country nationals from 
using Mexico as a transit corridor for unauthorized entry into the 
United States.
  Our Nation is inextricably intertwined with Mexico and Canada 
historically, culturally, and commercially. The flow of goods and 
people across our borders helps drive our economy and strengthen our 
culture. The Department of Transportation reports that goods worth more 
than $633 billion crossed our land borders in 2004. According to the 
Census Bureau more than 26 million of the 39 million individuals of 
Hispanic-origin who are legal residents in the United States are of 
Mexican background.
  But our land borders also serve as a conduit for illegal immigration, 
drugs, and other illicit items. Given the threat of international 
terrorism, there is great concern that our land borders could also 
serve as a channel for international terrorists and weapons of mass 
destruction.
  The threat of terrorist penetration is particularly acute along our 
southern border. In 2004, fewer than 10,000 inividuals were apprehended 
entering the U.S. illegally through our 5,000 mile land border with 
Canada. This compared with the more than 1.1 million that were 
apprehended while trying to cross our 2,000 mile border with Mexico. 
The Department of Homeland Security reports that about 996,000 of these 
individuals were Mexicans crossing the border for economic or family 
reasons.
  The Homeland Security Department refers to the rest as ``other than 
Mexicans,''--or ``OTMs.'' Of the approximately 100,000 OTMs 
apprehended, 3,000 to 4,000 were from so-called ``countries of 
interest'' like Somalia, Pakistan, and Saudi Arabia, which have 
produced or been associated with terrorist cells.

  A few of the individuals who have been apprehended at our southern 
border were known to have connections to terrorists or were entering 
the U.S. under highly suspicious circumstances. For example, one 
Lebanese national, who had paid a smuggler to transport him across the 
U.S.-Mexican border in 2001, was recently convicted of holding a 
fundraiser in his Michigan home for the Hizbollah terrorist group.
  Last July, a Pakistani woman swam across the Rio Grande River from 
Mexico to Texas. She was detained when she tried to board a plane to 
New York with $6,000 in cash and a severely altered South African 
passport. Her husband's name was found to be on a terrorism watch list. 
She was convicted on immigration charges and deported in December 2004.
  Since September 11, 2001, progress has been made in deterring cross-
border threats, while maintaining the efficient movement of people and 
cargo across North America. The United States signed ``Smart Border'' 
agreements with Canada and Mexico, in December 2001 and March 2002, 
respectively. These agreements seek to improve pre-screening of 
immigrants, refugees, and cargo. They include new documentation 
requirements and provisions for adding inspectors and updating border 
security technologies. We also have established Integrated Border 
Enforcement Teams to coordinate law enforcement efforts with Canada.
  Additional initiatives are included in the Presidents' Security and 
Prosperity Partnership of North America Agreement announced on March 
23, 2005, at the North American Summit meeting in Texas. But, 
additional work lies ahead. We must sustain attention and 
accountability at home for enhancing our Continental security, and 
continue to press our neighbors for improved cooperation in combating 
security threats.
  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. 853

       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 ``North American Cooperative 
     Security Act''.

     SEC. 2. NORTH AMERICAN SECURITY INITIATIVE.

       (a) In General.--The Secretary of State shall enhance the 
     mutual security and safety of the United States, Canada, and 
     Mexico by providing a framework for better management, 
     communication, and coordination between the Governments of 
     North America.
       (b) Responsibilities.--In implementing the provisions of 
     this Act, the Secretary of State shall carry out all of the 
     activities described in this Act.

     SEC. 3. IMPROVING THE EXCHANGE OF INFORMATION ON NORTH 
                   AMERICAN SECURITY.

       (a) Report.--Not later than 6 months after the date of 
     enactment of this Act, and every 6 months thereafter, the 
     Secretary of State, in coordination with the Secretary of 
     Homeland Security and the Secretary of Defense, each 
     responsible for their pertinent areas of jurisdiction, shall 
     submit a joint report, to the congressional committees listed 
     under subsection (b) that contains a description of the 
     efforts to carry out this section and sections 4 through 7.
       (b) Appropriate Congressional Committees Defined.--The 
     congressional committees listed under this subsection are--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (3) the Committee on International Relations of the House 
     of Representatives;
       (4) the Select Committee on Homeland Security of the House 
     of Representatives;
       (5) the Committee on Armed Services of the Senate; and
       (6) the Committee on Armed Services of the House of 
     Representatives.
       (c) Contents.--A report submitted under subsection (a) 
     shall contain a description of each of the following:
       (1) Security and the movement of goods.--The progress of 
     the development and expansion of public-private partnerships 
     to secure the supply chain of goods coming into North America 
     and expedite the movement of low-risk goods, including the 
     status of--
       (A) the Fast and Secure Trade program (referred to in this 
     subsection as ``FAST'') at major crossings, and the progress 
     made in implementing the Fast and Secure Trade program at all 
     remaining commercial crossings between Canada and the United 
     States;
       (B) marketing programs to promote enrollment in FAST;
       (C) finding ways and means of increasing participation in 
     FAST; and
       (D) the implementation of FAST at the international border 
     between Mexico and the United States.
       (2) Cargo security and movement of goods.--The progress 
     made in developing and implementing a North American cargo 
     security strategy that creates a common security perimeter by 
     enhancing technical assistance for programs and systems to 
     support advance reporting and risk management of cargo data, 
     improved integrity measures through automated collection of 
     fees, and advance technology to rapidly screen cargo.
       (3) Border wait times.--The progress made by the Secretary 
     of State, in consultation with national, provincial, and 
     municipal governments, to--
       (A) reduce waiting times at international border crossings 
     through low-risk land ports of entry facilitating programs, 
     including the status of the Secure Electronic Network for 
     Travelers Rapid Inspection program (referred to in this 
     section as ``SENTRI'') and the NEXUS program--
       (B) measure and report wait times for commercial and non-
     commercial traffic at the land ports, and establish 
     compatible performance standards for operating under normal 
     security alert conditions; and
       (C) identify, develop, and deploy new technologies to--
       (i) further advance the shared security goals of Canada, 
     Mexico, and the United States; and
       (ii) promote the legitimate flow of both people and goods 
     across international borders.

[[Page S4025]]

       (4) Border infrastructure.--Efforts to pursue joint 
     investments in and protection of border infrastructure, 
     including--
       (A) priority ports of entry;
       (B) plans to expand dedicated lanes and approaches and 
     improve border infrastructure in order to meet the objectives 
     of FAST;
       (C) the development of a strategic plan for expanding the 
     number of dedicated FAST lanes at major crossings at the 
     international border between Mexico and the United States; 
     and
       (D) an inventory of border transportation infrastructure in 
     major transportation corridors.
       (5) Security clearances and document integrity.--The 
     development of more common or otherwise equivalent 
     enrollment, security, technical, and biometric standards for 
     the issuance, authentication, validation, and repudiation of 
     secure documents, including--
       (A) technical and biometric standards based on best 
     practices and consistent with international standards for the 
     issuance, authentication, validation, and repudiation of 
     travel documents, including--
       (i) passports;
       (ii) visas; and
       (iii) permanent resident cards;
       (B) working with the Governments of Canada and Mexico to 
     encourage foreign governments to enact laws controlling alien 
     smuggling and trafficking, use, and manufacture of fraudulent 
     travel documents and information sharing;
       (C) applying the necessary pressures and support to ensure 
     that other countries meet proper travel document standards 
     and are equally committed to travel document verification 
     before transit to other countries, including the United 
     States; and
       (D) providing technical assistance for the development and 
     maintenance of a national database built upon identified best 
     practices for biometrics associated with visa and travel 
     documents.
       (6) Immigration and visa management.--The progress on 
     efforts to share information on high-risk individuals that 
     might attempt to travel to Canada, Mexico, or the United 
     States, including--
       (A) immigration lookout data on high risk individuals by 
     implementing the Statement of Mutual Understanding on 
     Information Sharing, which was signed by Canada and the 
     United States in February 2003; and
       (B) immigration fraud trends and analysis, including asylum 
     and document fraud.
       (7) Visa policy coordination and immigration security.--The 
     progress made by the Governments of Canada, Mexico, and the 
     United States to enhance North American security by 
     cooperating on visa policy and identifying best practices 
     regarding immigration security, including--
       (A) enhancing consultation among visa issuing officials at 
     consulates or embassies of Canada, Mexico, and the United 
     States throughout the world to share information, trends, and 
     best practices on visa flows;
       (B) comparing the procedures and policies of Canada and the 
     United States related to visitor visa processing, including--
       (i) application process;
       (ii) interview policy;
       (iii) general screening procedures;
       (iv) visa validity;
       (v) quality control measures; and
       (vi) access to appeal or review;
       (C) converging the list of ``visa waiver'' countries;
       (D) providing technical assistance for the development and 
     maintenance of a national database built upon identified best 
     practices for biometrics associated with immigration 
     violators;
       (E) developing and implementing a North American 
     immigration security strategy that works toward the 
     development of a common security perimeter by enhancing 
     technical assistance for programs and systems to support 
     advance automated reporting and risk targeting of 
     international passengers;
       (F) the progress made toward sharing information on lost 
     and stolen passports on a real-time basis among immigration 
     or law enforcement officials of the Governments of Canada, 
     Mexico, and the United States; and
       (G) the progress made by the Department of State in 
     collecting 10 fingerprints from all visa applicants.
       (8) North american visitor overstay program.--The progress 
     made to implement parallel entry-exit tracking systems 
     between Canada and the United States--
       (A) to share information on third country nationals who 
     have overstayed in either country; and
       (B) that respect the privacy laws of each country.
       (9) Terrorist watch lists.--The progress made to enhance 
     capacity of the United States to combat terrorism through the 
     coordination of counterterrorism efforts, including--
       (A) bilateral agreements between Canada and the United 
     States and between Mexico and the United States to govern the 
     sharing of terrorist watch list data and to comprehensively 
     enumerate the uses of such data by the governments of each 
     country;
       (B) establishing appropriate linkages between Canada, 
     Mexico, and the United States Terrorist Screening Center; and
       (C) working to explore with foreign governments the 
     establishment of a multilateral watch list mechanism that 
     would facilitate direct coordination between the country that 
     identifies an individual as an individual included on a watch 
     list, and the country that owns such list, including 
     procedures that satisfy the security concerns and are 
     consistent with the privacy and other laws of each 
     participating country.
       (10) Money laundering, income tax evasion, currency 
     smuggling, and alien smuggling.--The progress made to improve 
     information sharing and law enforcement cooperation in 
     organized crime, including--
       (A) information sharing and law enforcement cooperation, 
     especially in areas of currency smuggling, money laundering, 
     alien smuggling and trafficking in alcohol, firearms, and 
     explosives;
       (B) implementing the Canada-United States Firearms 
     Trafficking Action Plan;
       (C) the feasibility of formulating a firearms trafficking 
     action plan between Mexico and the United States;
       (D) developing a joint threat assessment on organized crime 
     between Canada and the United States;
       (E) the feasibility of formulating a joint threat 
     assessment on organized crime between Mexico and the United 
     States;
       (F) developing mechanisms to exchange information on 
     findings, seizures, and capture of individuals transporting 
     undeclared currency; and
       (G) developing and implementing a plan to combat the 
     transnational threat of illegal drug trafficking.
       (11) Counterterrorism programs.--Enhancements to 
     counterterrorism coordination, including--
       (A) reviewing existing counterterrorism efforts and 
     coordination to maximize effectiveness; and
       (B) identifying best practices regarding the sharing of 
     information and intelligence.
       (12) Law enforcement cooperation.--The enhancement of law 
     enforcement cooperation through enhanced technical assistance 
     for the development and maintenance of a national database 
     built upon identified best practices for biometrics 
     associated with known and suspected criminals or terrorists, 
     including--
       (A) exploring the formation of law enforcement teams that 
     include personnel from the United States and Mexico, and 
     appropriate procedures from such teams; and
       (B) assessing the threat and risk of the St. Lawrence 
     Seaway System and the Great Lakes and developing appropriate 
     marine enforcement programs based on the integrated border 
     team framework.
       (13) Biosecurity cooperation.--The progress made to 
     increase and promote cooperation in the analysis and 
     assessments of intentional threats to biosecurity, including 
     naturally occurring threats, as well as in the United States 
     prevention and response capacity and plans to respond to 
     these threats, including--
       (A) mapping relationships among key regulatory and border 
     officials to ensure effective cooperation in planning and 
     responding to a biosecurity threat; and
       (B) working jointly in support of the Public Health 
     Security and Bioterrorism Preparedness and Response Act of 
     2002 (Public Law 107-188; 116 Stat. 594) to develop a regime 
     that employs a risk management approach to the movement of 
     foods and food products in our countries and across our 
     shared border, and which builds upon and harmonizes with 
     customs processes.
       (14) Protection against nuclear and radiological threats.--
     The progress made to increase cooperation to prevent nuclear 
     and radiological smuggling, including--
       (A) identifying opportunities to increase cooperation to 
     prevent smuggling of nuclear or radioactive materials, 
     including improving export controls for all materials 
     identified on the high-risk sources list maintained by the 
     International Atomic Energy Agency;
       (B) working collectively with other countries to install 
     radiation detection equipment at foreign land crossings to 
     examine cargo destined for North America;
       (C) enhancing border controls through effective technical 
     cooperation and other forms of cooperation to--
       (i) prevent the smuggling of radiological materials; and
       (ii) examine related next-generation equipment;
       (D) enhancing physical protection of nuclear facilities in 
     North America through effective technical and other forms of 
     cooperation; and
       (E) developing a program on physical protection for Mexican 
     nuclear installations that increases the level of the 
     ``nuclear security culture'' of those responsible for the 
     physical protection of nuclear installations and transport of 
     nuclear material.
       (15) Emergency management cooperation.--The progress made 
     regarding the appropriate coordination of our systems and 
     planning and operational standards for emergency management, 
     including the development of an interoperable communications 
     system or the appropriate coordination of existing systems 
     for Canada, Mexico, and the United States for cross-border 
     incident management.
       (16) Cooperative energy policy.--The progress of efforts 
     to--
       (A) increase reliable energy supplies for the region's 
     needs and development;
       (B) streamline and update regulations concerning energy;
       (C) promote energy efficiency, conservation, and 
     technologies;
       (D) work with the Governments of Canada and Mexico to 
     develop a North American energy alliance to bolster our 
     collective security by increased reliance on North American 
     energy sources; and

[[Page S4026]]

       (E) work with the Government of Mexico to--
       (i) increase Mexico's crude oil and natural gas production 
     by obtaining the technology and financial resources needed by 
     Mexico for energy sector development;
       (ii) attract sufficient private direct investment in the 
     upstream sector, within its constitutional framework, to 
     foster the development of additional crude oil and natural 
     gas production; and
       (iii) attract the private direct investment in the 
     downstream sector, within its domestic legal framework, to 
     foster the development of additional domestic refining 
     capacity to reduce costs for consumers and to move Mexico 
     toward self-sufficiency in meeting its domestic energy needs.
       (17) Feasibility of common external tariff and development 
     assistance to the economy of mexico.--The progress of efforts 
     to determine the feasibility of--
       (A) harmonizing external tariffs on a sector-by-sector 
     basis to the lowest prevailing rate consistent with 
     multilateral obligations, with the goal of creating a long-
     term common external tariff;
       (B) accelerating and expanding the implementation of 
     existing ``smart border'' actions plans to facilitate intra-
     North American travel and commerce;
       (C) working with Mexican authorities to devise a set of 
     policies designed to stimulate the Mexican economy that--
       (i) attracts investment;
       (ii) stimulates growth; and
       (iii) commands broad public support and provides for 
     Mexicans to find jobs in Mexico; and
       (D) working to support the development of Mexican 
     industries, job growth, and appropriate improvements to 
     social services.

     SEC. 4. INFORMATION SHARING AGREEMENTS.

       The Secretary of State, in coordination with the Secretary 
     of Homeland Security and the Government of Mexico, is 
     authorized to negotiate an agreement with Mexico to--
       (1) cooperate in impeding the ability of third country 
     nationals from using Mexico as a transit corridor for 
     unauthorized entry into the United States; and
       (2) provide technical assistance to support stronger 
     immigration control at the border with Mexico.

     SEC. 5. IMPROVING THE SECURITY OF MEXICO'S SOUTHERN BORDER.

       (a) Technical Assistance.--The Secretary of State, in 
     coordination with the Secretary of Homeland Security, the 
     Canadian Department of Foreign Affairs, and the Government of 
     Mexico, shall establish a program to--
       (1) assess the specific needs of Guatemala and Belize in 
     maintaining the security of the borders of such countries;
       (2) use the assessment made under paragraph (1) to 
     determine the financial and technical support needed by 
     Guatemala and Belize from Canada, Mexico, and the United 
     States to meet such needs;
       (3) provide technical assistance to Guatemala and Belize to 
     secure issuance of passports and travel documents by such 
     countries; and
       (4) encourage Guatemala and Belize to--
       (A) control alien smuggling and trafficking;
       (B) prevent the use and manufacture of fraudulent travel 
     documents; and
       (C) share relevant information with Mexico, Canada, and the 
     United States.
       (b) Immigration.--The Secretary of Homeland Security, in 
     consultation with the Secretary of State and appropriate 
     officials of the Governments of Guatemala and Belize, shall 
     provide robust law enforcement assistance to Guatemala and 
     Belize that specifically addresses migratory issues to 
     increase the ability of the Government of Guatemala to 
     dismantle human smuggling organizations and gain tighter 
     control over the border.
       (c) Border Security Between Mexico and Guatemala or 
     Belize.--The Secretary of State, in consultation with the 
     Secretary of Homeland Security, the Government of Mexico, and 
     appropriate officials of the Governments of Guatemala, 
     Belize, and neighboring contiguous countries, shall establish 
     a program to provide needed equipment, technical assistance, 
     and vehicles to manage, regulate, and patrol the 
     international border between Mexico and Guatemala and between 
     Mexico and Belize.
       (d) Tracking Central American Gangs.--The Secretary of 
     State, in coordination with the Secretary of Homeland 
     Security, the Director of the Federal Bureau of 
     Investigation, the Government of Mexico, and appropriate 
     officials of the Governments of Guatemala, Belize, and other 
     Central American countries, shall--
       (1) assess the direct and indirect impact on the United 
     States and Central America on deporting violent criminal 
     aliens;
       (2) establish a program and database to track Central 
     American gang activities, focusing on the identification of 
     returning criminal deportees;
       (3) devise an agreed-upon mechanism for notification 
     applied prior to deportation and for support for 
     reintegration of these deportees; and
       (4) devise an agreement to share all relevant information 
     with the appropriate agencies of Mexico and other Central 
     American countries.
       (e) Aerial Interdiction of Narcotrafficking Through Central 
     America and Panama.--The Secretary of State shall examine the 
     feasibility of entering into an agreement with Panama and the 
     other countries of Central America regarding the aerial 
     interdiction program commonly known as ``Airbridge Denial''.

     SEC. 6. NORTH AMERICAN DEFENSE INSTITUTIONS.

       (a) In General.--The Secretary of Defense, in consultation 
     with the Secretary of State, shall examine the feasibility 
     of--
       (1) strengthening institutions for consultations on defense 
     issues among the United States, Mexico, and Canada, 
     specifically through--
       (A) the Joint Interagency Task Force South;
       (B) the Permanent Joint Board on Defense;
       (C) joint-staff talks; and
       (D) senior Army border talks;
       (2) proposing mechanisms to reach agreements with the 
     Government of Canada or Mexico regarding contingency plans 
     for responding to threats along the international borders of 
     the United States;
       (3) in consultation with the Governments of Canada and 
     Mexico, and with input from the United States Northern 
     Command--
       (A) developing bilateral and trilateral capabilities and 
     coordination mechanisms to address common threats along 
     shared borders; and
       (B) work together to clearly define the term ``threats'' to 
     only encompass military or defense-related threats, rather 
     than other threats to homeland security;
       (4) offering technical support to willing regional parties 
     to maintain air space security, including consultation 
     mechanisms with the Joint Interagency Task Force and the 
     North American Aerospace Defense Command, to improve security 
     in the North American and Central American space; and
       (5) proposing mechanisms to strengthen communication 
     information and intelligence sharing on defense issues among 
     the United States, Mexico, and Canada.

     SEC. 7. REPATRIATION.

       The Secretary of State shall--
       (1) apply the necessary pressure on, and negotiate with, 
     other countries to accept the International Civil Aviation 
     Organization Annex 9 one-time travel document provided by the 
     United States in lieu of official travel documents if an 
     inadmissible immigrant has not presented official travel 
     documents or has presented fraudulent ones; and
       (2) provide the proper support and international pressure 
     necessary to facilitate the removal of inadmissible aliens 
     from the United States and their repatriation in, or 
     reinstatement by, a responsible country, with a focus on 
     criminal aliens that are deemed particularly dangerous or 
     potential terrorists.
                                 ______
                                 
      By Mr. FEINGOLD:
  S. 854: A bill to require labeling of raw agricultural forms of 
ginseng, including the country of harvest, and for other purposes; to 
the Committee on agriculture, Nutrition, and Forestry.
  Mr. FEINGOLD. Mr. President, I would like to discuss legislation I am 
introducing that would protect ginseng farmers and consumers by 
ensuring that ginseng is labeled accurately with where the root was 
harvested. The ``Ginseng Harvest Labeling Act of 2005'' is similar to 
bills that I introduced in previous Congresses and developed after 
hearing suggestions from ginseng growers and the Ginseng Board of 
Wisconsin.
  I would like to take the opportunity to discuss American ginseng and 
the problems facing Wisconsin's ginseng growers so that my colleagues 
understand the need for this legislation. Chinese and Native American 
cultures have used ginseng for thousands of years for herbal and 
medicinal purposes. As a dietary supplement, American ginseng is widely 
touted for its ability to improve energy and vitality, particularly in 
fighting fatigue or stress.
  In the U.S., ginseng is experiencing increasing popularity as a 
dietary supplement, and I am proud to say that my home State of 
Wisconsin is playing a central role in ginseng's resurgence. Wisconsin 
produces 97 percent of the ginseng grown in the United States, and 85 
percent of the country's ginseng is grown in just one Wisconsin county, 
Marathon County. Ginseng is also grown in a number of other States such 
as Maine, Maryland, New York, North Carolina, Oregon, South Carolina, 
and West Virginia.
  For Wisconsin, ginseng has been an economic boon. Wisconsin ginseng 
commands a premium price in world markets because it is of the highest 
quality and because it has a low pesticide and chemical content. In 
2002, U.S. exports of ginseng totaled nearly $45 million, much of which 
was grown in Wisconsin. With a huge market for this high-quality 
ginseng overseas, and growing popularity for the ancient root here at 
home, Wisconsin's ginseng industry should have a prosperous future 
ahead.
  Unfortunately, the outlook for ginseng farmers is marred by a serious

[[Page S4027]]

problem--smuggled and mislabeled ginseng. Wisconsin ginseng is 
considered so superior to ginseng grown abroad that smugglers will go 
to great lengths to label ginseng grown in Canada or Asia as 
``Wisconsin-grown.''
  Here's how the switch takes place: Wisconsin ginseng is shipped to 
China to be sorted into various grades. While the sorting process is 
itself a legitimate part of distributing ginseng, smugglers too often 
use it as a ruse to switch Wisconsin ginseng with Asian- or Canadian-
grown ginseng considered inferior by consumers. The lower quality 
ginseng is then shipped back to the U.S. for sale to American consumers 
who think they are buying the Wisconsin-grown product.
  There is good reason consumers should want to know that the ginseng 
they buy is American-grown considering that the only accurate way of 
testing ginseng to determine where it was grown is to test for 
pesticides that are banned in the United States. The Ginseng Board of 
Wisconsin has been testing some ginseng found on store shelves, and in 
many of the products, residues of chemicals such as DDT, lead, arsenic, 
and quintozine (PCNB) have been detected. Since the majority of ginseng 
sold in the U.S. originates from countries with less stringent 
pesticide standards, it is vitally important that consumers know which 
ginseng is really grown in the U.S.
  To capitalize on their product's preeminence, the Ginseng Board of 
Wisconsin has developed a voluntary labeling program, stating that the 
ginseng is ``Grown in Wisconsin, U.S.A.'' However, Wisconsin ginseng is 
so valuable that counterfeit labels and ginseng smuggling have become 
widespread around the world. As a result, consumers have no way of 
knowing the most basic information about the ginseng they purchase--
where it was grown, what quality or grade it is, or whether it contains 
dangerous pesticides.
  My legislation, the Ginseng Harvest Labeling Act of 2005, proposes 
some common sense steps to address some of the challenges facing the 
ginseng industry. My legislation requires that ginseng, as a raw 
agricultural commodity, be sold at retail with a label clearly 
indicating the country that the ginseng was harvested in. ``Harvest'' 
is important because some Canadian and Chinese growers have ginseng 
plants that originated in the U.S., but because these plants were 
cultivated in a foreign country, they may have been treated with 
chemicals not allowed for use in the U.S. This label would also allow 
buyers of ginseng to more easily prevent foreign companies from mixing 
foreign-produced ginseng with ginseng harvested in the U.S. The country 
of harvest labeling is a simple but effective way to enable consumers 
to make an informed decision.
  These common sense reforms would give ginseng growers the support 
they deserve and help consumers make informed choices about the ginseng 
that they consume. We must ensure that when ginseng consumers reach for 
a high-quality ginseng product--such as Wisconsin-grown ginseng--they 
are getting the real thing, not a knock-off.
  I ask unanimous consent that the text of my bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 854

       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 ``Ginseng Harvest Labeling Act 
     of 2005 ''.

     SEC. 2. DISCLOSURE OF COUNTRY OF HARVEST.

       The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et 
     seq.) is amended by adding at the end the following:

                         ``Subtitle E--Ginseng

     ``SEC. 291. DISCLOSURE OF COUNTRY OF HARVEST.

       ``(a) Definition of Ginseng.--In this section, the term 
     `ginseng' means an herb or herbal ingredient that--
       ``(1) is derived from a plant classified within the genus 
     Panax; and
       ``(2) is offered for sale as a raw agricultural commodity 
     in any form intended to be used in or as a food or dietary 
     supplement under the name of `ginseng'.
       ``(b) Disclosure.--
       ``(1) In general.--A person that offers ginseng for sale as 
     a raw agricultural commodity shall disclose to potential 
     purchasers the country of harvest of the ginseng.
       ``(2) Importation.--A person that imports ginseng into the 
     United States shall disclose the country of harvest of the 
     ginseng at the point of entry of the United States, in 
     accordance with section 304 of the Tariff Act of 1930 (19 
     U.S.C. 1304).
       ``(c) Manner of Disclosure.--
       ``(1) In general.--The disclosure required by subsection 
     (b) shall be provided to potential purchasers by means of a 
     label, stamp, mark, placard, or other clear and visible sign 
     on the ginseng or on the package, display, holding unit, or 
     bin containing the ginseng.
       ``(2) Retailers.--A retailer of ginseng shall--
       ``(A) retain disclosure provided under subsection (b); and
       ``(B) provide disclosure to a retail purchaser of the raw 
     agricultural commodity.
       ``(3) Regulations.--The Secretary of Agriculture shall by 
     regulation prescribe with specificity the manner in which 
     disclosure shall be made in transactions at wholesale or 
     retail (including transactions by mail, telephone, or 
     Internet or in retail stores).
       ``(d) Failure to Disclose.--The Secretary of Agriculture 
     may impose on a person that fails to comply with subsection 
     (b) a civil penalty of not more than--
       ``(1) $1,000 for the first day on which the failure to 
     disclose occurs; and
       ``(2) $250 for each day on which the failure to disclose 
     continues.''.

     SEC. 3. EFFECTIVE DATE.

       This Act and the amendments made by this Act take effect on 
     the date that is 180 days after the date of enactment of this 
     Act.
                                 ______
                                 
      By Ms. COLLINS:
  S. 855. A bill to improve the security of the Nation's ports by 
providing Federal grants to support Area Maritime Transportation 
Security Plans and to address vulnerabilities in port areas identified 
in approved vulnerability assessments or by the Secretary of Homeland 
Security; to the Committee on Homeland Security and Governmental 
Affairs.
  Ms. COLLINS. Mr. President, I rise today to introduce the Port 
Security Grants Act of 2005. This legislation would establish a 
dedicated grant program within the Department of Homeland Security to 
enhance terrorism prevention and response efforts at our ports. It 
would provide the resources needed to better protect the American 
people from attack through these vital yet still extremely vulnerable 
centers of our economy and points of entry.
  I am very pleased that my partner in this effort, Representative Jane 
Harman, today is introducing the same legislation in the House of 
Representatives. Congresswoman Harman knows well the vulnerability of 
our Nation's ports. Indeed, earlier this year, I accompanied her to the 
ports of Long Beach and Los Angeles to witness first hand the 
incredible volume of activity that occurs at these thriving economic 
centers--and the incredible security challenges that they pose. 
Congresswoman Harman's dedication to the security of our ports and our 
Nation as a whole makes her one of Congress' acknowledged leaders on 
homeland security matters. I am pleased that we have been able to join 
forces on this important initiative.
  Funding to date to address security needs at our ports has been 
woefully inadequate. The Coast Guard estimates that implementing the 
provisions of the Maritime Transportation Security Act and similar 
requirements for international port security will cost $7.3 billion 
over the next decade. Yet, since MTSA was enacted, only the fiscal year 
2005 budget request contained a line item for this crucial need, and 
that at a mere $46 million. Although the Administration's fiscal year 
2006 budget request includes $600 million for infrastructure 
protection, it does not contain a dedicated line item for port security 
grant funding.
  As a point of comparison, the Transportation Security 
Administration's fiscal year 2006 budget dedicates $4.9 billion for 
aviation security. As Dr. Stephen Flynn of the Council on Foreign 
Relations testified at a Homeland Security and Governmental Affairs 
Committee hearing in January, port security has received approximately 
5 cents on the dollar--with the remaining 95 cents going to aviation 
security.
  The legislation we propose will break the hand-to-mouth cycle that 
ports have faced for years. It does the following: First, it creates a 
competitive grant program administered by the Office of State and Local 
Government Coordination and Preparedness at the Department of Homeland 
Security. This is the same office that administers the State Grant and 
Urban Area Security Initiative programs.
  Second, under our bill, grant funds will be used to address port 
security

[[Page S4028]]

vulnerabilities identified through Area Maritime Transportation 
Security Plans, currently required by Federal statute, or through other 
DDS-sanctioned vulnerability assessments. In other words, grant dollars 
must be spent consistent with an established plan, not through a 
process divorced from efforts already underway.
  Authorized uses of these grant funds include: acquiring, operating, 
and maintaining equipment that contributes to the overall security of 
the port area; conducting port-wide exercises to strengthen emergency 
preparedness; developing joint harbor operations centers to focus 
resources on port area security; implementing Area Maritime 
Transportation Security Plans; and covering the costs of additional 
security personnel during times of heightened alert levels.
  Third, we require DHS to prioritize efforts to promote coordination 
among port stakeholders and integration of port-wide security, as well 
as information and intelligence sharing among first responders and 
federal, state, and local officials.
  Fourth, we authorize funding for port security grants at $400 million 
per year for fiscal years 2007 through 2012. This steady, dedicated 
stream of funding would represent a substantial down payment on the 
billions of dollars of port security needs identified by the Coast 
Guard. It is also the amount the American Association of Ports 
Authorities believes needs to be dedicated annually to port security in 
order to begin addressing serious vulnerabilities.
  Under our bill, port security dollars will originate from duties 
collected by Customs and Border Protection, and--with exceptions made 
for small or extraordinary projects--recipients will be required to 
contribute 25 percent of the cost. This cost-sharing requirement has 
precedents in other transportation funding and will ensure the 
development of true partnerships between the federal government and 
grant recipients.
  Fifth, our legislation includes strong accountability measures--
including audits and reporting requirements--to ensure the grant funds 
awarded under the bill are properly accounted for and spent as 
intended.
  This legislation does call for a major commitment of resources. I am 
confident, however, that my colleagues recognize, as I do, that this 
commitment is fully proportional to what is at stake.
  Approximately 95 percent of our Nation's trade, worth nearly $1 
trillion, enters through one of our 361 seaports on board some 8,555 
foreign vessels, which make more than 55,000 port calls per year. 
Clearly, an attack on the U.S. maritime transportation system could 
devastate our economy.
  The potential for this devastation was amply demonstrated by the 2002 
West Coast dock labor dispute, which cost our economy an estimated $1 
billion per day, affected operations in 29 West Coast ports, and harmed 
businesses throughout the country. An unanticipated and violent act 
against a cargo port could result in economic costs that are 
incalculable, not to mention a potential loss of life that would be 
horrifying.
  Much of the discussion regarding port security revolves around the 
security of inbound containers. At his confirmation hearing, Homeland 
Security Secretary Chertoff stated that his major concern is the 
introduction into the United States of chemical, biological, 
radiological, nuclear, or explosive threats via a shipping container. 
Secretary Chertoff is absolutely correct in identifying this as a major 
vulnerability.

  But there are many other threats against ports. Just last month, the 
State Department issued a warning concerning information that 
terrorists may attempt to mount a maritime attack using speedboats 
against a Western ship, possibly in East Africa. This isn't the first 
instance of this type of attack--the USS Cole in 2000 and the French 
tanker Limberg in 2002 were both attacked by this method. The repeated 
use of suicide bombers and truck bombs around the world also raises 
great concern about our ports, and the critical infrastructure and 
population centers located around them.
  Coming from a State with a strong maritime tradition and vital 
maritime industry, I am keenly aware of what is at stake. Maine has 
three international cargo ports. Each is a vital and multi-faceted part 
of our economy: State, regional, and even national.
  The Port of Portland, for example, is the largest port by tonnage in 
New England and the largest oil port on the East Coast. Ninety percent 
of its foreign cargo was crude oil. In addition, Portland has a booming 
cruise-ship industry, a vigorous fishing fleet, and an international 
ferry terminal. This wide range of activity provides economic 
opportunity and also provides terrorism vulnerability.
  It is not my intention to suggest that our security agencies and 
ports are at a standstill. Indeed, much has been done to improve port 
security. The Coast Guard's Sea Marshals program places armed units on 
ships at sea to ensure their safe arrival and departure. The Container 
Security Initiative Bureau of Customs and Border Protection works with 
foreign governments to target high-risk cargo and to prevent terrorists 
from exploiting cargo containers. Detailed information is now required 
on each ship and its passengers, crew, and cargo. To upgrade security 
at international ports, the United States worked with the International 
Maritime Organization for the adoption of the International Ship and 
Port Security Code, the first multilateral port security standard ever 
created.
  It is, however, my intention to assert that we must do more to 
improve port security on the front lines--the ports that line the 
harbor of cities and towns along our vast coastlines, the Great Lakes, 
our immense inland river network and in Alaska and Hawaii.
  We observed this week two anniversaries that bear upon this issue. 
Monday was Patriot's Day, the 230th anniversary of the ride of Paul 
Revere. While I am not suggesting ``one if by land, two if by sea'' be 
adopted as a funding formula for homeland security, that famous phrase 
does remind us of the bond between security and transportation that has 
existed since our nation's very first days.
  On a far more somber note, Tuesday was the 10th anniversary of 
Oklahoma City. As we paused to reflect on that horrific attack, we once 
again were confronted with the harsh reality that terrorists--whether 
foreign or domestic--will strike wherever they see vulnerability.
  Our seaports are vulnerable. I urge my colleagues to join me in 
cosponsoring this legislation that will help deny terrorists an 
opportunity to strike at a vulnerable target.
                                 ______
                                 
      By Mr. VOINOVICH (for himself and Mr. Inhofe):
  S. 858. A bill to reauthorize Nuclear Regulatory Commission user 
fees, and or other purposes; to the Committee on Environmental and 
Public Works.
  Mr. VOINOVICH. Mr. President, 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. 858

       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 ``Nuclear 
     Fees Reauthorization Act of 2005''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                         TITLE I--NRC USER FEES

Sec. 101. Nuclear Regulatory Commission user fees and annual charges.

                          TITLE II--NRC REFORM

Sec. 201. Treatment of nuclear reactor financial obligations.
Sec. 202. Period of combined license.
Sec. 203. Elimination of NRC antitrust reviews.
Sec. 204. Scope of environmental review.
Sec. 205. Medical isotope production.
Sec. 206. Cost recovery from government agencies.
Sec. 207. Conflicts of interest relating to contracts and other 
              arrangements.
Sec. 208. Hearing procedures.
Sec. 209. Authorization of appropriations.

                TITLE III--NRC HUMAN CAPITAL PROVISIONS

Sec. 301. Provision of support to university nuclear safety, security, 
              and environmental protection programs.
Sec. 302. Promotional items.
Sec. 303. Expenses authorized to be paid by the Nuclear Regulatory 
              Commission.

[[Page S4029]]

Sec. 304. Nuclear Regulatory Commission scholarship and fellowship 
              program.
Sec. 305. Partnership program with institutions of higher education.
Sec. 306. Elimination of pension offset for certain rehired Federal 
              retirees.
Sec. 307. Authorization of appropriations.

                         TITLE I--NRC USER FEES

     SEC. 101. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL 
                   CHARGES.

       (a) In General.--Section 6101 of the Omnibus Budget 
     Reconciliation Act of 1990 (42 U.S.C. 2214) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``Except as provided in 
     paragraph (3), the'' and inserting ``The''; and
       (B) by striking paragraph (3); and
       (2) in subsection (c)(2)--
       (A) in subparagraph (A)--
       (i) in clause (i), by striking ``and'' at the end;
       (ii) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(iii) amounts appropriated to the Nuclear Regulatory 
     Commission for the fiscal year for implementation of section 
     3116 of the Ronald W. Reagan National Defense Authorization 
     Act for Fiscal Year 2005 (118 Stat. 2162; 50 U.S.C. 2601 
     note)''; and
       (B) in subparagraph (B)(v), by inserting ``and each fiscal 
     year thereafter'' after ``2005''.
       (b) Nuclear Regulatory Commission Annual Charges.--Section 
     7601 of the Consolidated Omnibus Budget Reconciliation Act of 
     1985 (42 U.S.C. 2213) is repealed.

                          TITLE II--NRC REFORM

     SEC. 201. TREATMENT OF NUCLEAR REACTOR FINANCIAL OBLIGATIONS.

       Section 523 of title 11, United States Code, is amended by 
     adding at the end the following:
       ``(f) Treatment of Nuclear Reactor Financial Obligations.--
     Notwithstanding any other provision of this title--
       ``(1) any funds or other assets held by a licensee or 
     former licensee of the Nuclear Regulatory Commission, or by 
     any other person, to satisfy the responsibility of the 
     licensee, former licensee, or any other person to comply with 
     a regulation or order of the Nuclear Regulatory Commission 
     governing the decontamination and decommissioning of a 
     nuclear power reactor licensed under section 103 or 104 b. of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134(b)) shall 
     not be used to satisfy the claim of any creditor in any 
     proceeding under this title, other than a claim resulting 
     from an activity undertaken to satisfy that responsibility, 
     until the decontamination and decommissioning of the nuclear 
     power reactor is completed to the satisfaction of the Nuclear 
     Regulatory Commission;
       ``(2) obligations of licensees, former licensees, or any 
     other person to use funds or other assets to satisfy a 
     responsibility described in paragraph (1) may not be 
     rejected, avoided, or discharged in any proceeding under this 
     title or in any liquidation, reorganization, receivership, or 
     other insolvency proceeding under Federal or State law; and
       ``(3) private insurance premiums and standard deferred 
     premiums held and maintained in accordance with section 170 
     b. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(b)) shall 
     not be used to satisfy the claim of any creditor in any 
     proceeding under this title, until the indemnification 
     agreement executed in accordance with section 170 c. of that 
     Act (42 U.S.C. 2210(c)) is terminated.''.

     SEC. 202. PERIOD OF COMBINED LICENSE.

       Section 103 c. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2133(c)) is amended by striking ``forty years'' and inserting 
     ``40 years from the authorization to commence operations''.

     SEC. 203. ELIMINATION OF NRC ANTITRUST REVIEWS.

       Section 105 c. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2135(c)) is amended by adding at the end the following:
       ``(9) Applicability.--This subsection does not apply to an 
     application for a license to construct or operate a 
     utilization facility or production facility under section 103 
     or 104 b., if the application is filed on or after, or is 
     pending on, the date of enactment of this paragraph.''.

     SEC. 204. SCOPE OF ENVIRONMENTAL REVIEW.

       (a) In General.--Chapter 10 of title I of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2131 et seq.) is amended--
       (1) by redesignating sections 110 and 111 as section 111 
     and 112, respectively; and
       (2) by inserting after section 109 the following:

     ``SEC. 110. SCOPE OF ENVIRONMENTAL REVIEW.

       ``In conducting any environmental review (including any 
     activity conducted under section 102 of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332)) in 
     connection with an application for a license or a renewed 
     license under this chapter, the Commission shall not give any 
     consideration to the need for, or any alternative to, the 
     facility to be licensed.''.
       (b) Conforming Amendments.--
       (1) The table of contents of the Atomic Energy Act of 1954 
     (42 U.S.C. prec. 2011) is amended by striking the item 
     relating to section 110 and inserting the following:
       

``Sec. 110. Scope of environmental review.
``Sec. 111. Exclusions.
``Sec. 112. Licensing by Nuclear Regulatory Commission of distribution 
              of certain materials by Department of Energy.'';

       (2) Section 57 b. of the Atomic Energy Act of 1954 (42 
     U.S.C. 2077(b)) is amended in the last sentence by striking 
     ``section 111 b.'' and inserting ``section 112 b.''.
       (3) Section 131 a.(2)(C) of the Atomic Energy Act of 1954 
     (42 U.S.C 2160(a)(2)(C), by striking ``section 111 b.'' and 
     inserting ``section 112 b.''.
       (4) Section 202 of the Energy Reorganization Act of 1974 
     (42 U.S.C. 5842) is amended--
       (A) by striking ``section 110 a.'' and inserting ``section 
     111 a.''; and
       (B) by striking ``section 110 b.'' and inserting ``section 
     111 b.''.

     SEC. 205. MEDICAL ISOTOPE PRODUCTION.

       Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2160d) is amended--
       (1) by redesignating subsections a. and b. as subsections 
     b. and a., respectively, and by moving subsection b. (as so 
     redesignated) to the end of the section;
       (2) in subsection b. (as so redesignated), by striking ``b. 
     The Commission'' and inserting ``b. Restrictions.--Except as 
     provided in subsection c., the Commission''; and
       (3) by adding at the end the following:
       ``c. Medical Isotope Production.--
       ``(1) Definitions.--In this subsection:
       ``(A) Medical isotope.--The term `medical isotope' includes 
     Molybdenum 99, Iodine 131, Xenon 133, and other radioactive 
     materials used to produce a radiopharmaceutical for 
     diagnostic, therapeutic procedures or for research and 
     development.
       ``(B) Radiopharmaceutical.--The term `radiopharmaceutical' 
     means a radioactive isotope that--
       ``(i) contains byproduct material combined with chemical or 
     biological material; and
       ``(ii) is designed to accumulate temporarily in a part of 
     the body for therapeutic purposes or for enabling the 
     production of a useful image for use in a diagnosis of a 
     medical condition.
       ``(C) Recipient country.--The term `recipient country' 
     means Belgium, Canada, France, Germany, and the Netherlands.
       ``(2) Licenses.--The Commission may issue a license 
     authorizing the export (including shipment to and use at 
     intermediate and ultimate consignees specified in the 
     license) to a recipient country of highly enriched uranium 
     for medical isotope production if, in addition to any other 
     requirements of this Act (except subsection b.), the 
     Commission determines that--
       ``(A) a recipient country that supplies an assurance letter 
     to the United States Government in connection with the 
     consideration by the Commission of the export license 
     application has informed the United States Government that 
     any intermediate consignees and the ultimate consignee 
     specified in the application are required to use the highly 
     enriched uranium solely to produce medical isotopes; and
       ``(B) the highly enriched uranium for medical isotope 
     production will be irradiated only in a reactor in a 
     recipient country that--
       ``(i) uses an alternative nuclear reactor fuel; or
       ``(ii) is the subject of an agreement with the United 
     States Government to convert to an alternative nuclear 
     reactor fuel when alternative nuclear reactor fuel can be 
     used in the reactor.
       ``(3) Review of physical protection requirements.--
       ``(A) In general.--The Commission shall review the adequacy 
     of physical protection requirements that, as of the date of 
     an application under paragraph (2), are applicable to the 
     transportation and storage of highly enriched uranium for 
     medical isotope production or control of residual material 
     after irradiation and extraction of medical isotopes.
       ``(B) Imposition of additional requirements.--If the 
     Commission determines that additional physical protection 
     requirements are necessary (including a limit on the quantity 
     of highly enriched uranium that may be contained in a single 
     shipment), the Commission shall impose such requirements as 
     license conditions or through other appropriate means.
       ``(4) First report to congress.--
       ``(A) National academy of sciences study.--The Secretary 
     shall enter into an arrangement with the National Academy of 
     Sciences to conduct a study to determine--
       ``(i) the feasibility of procuring supplies of medical 
     isotopes from commercial sources that do not use highly 
     enriched uranium;
       ``(ii) the current and projected demand and availability of 
     medical isotopes in regular current domestic use;
       ``(iii) the progress that is being made by the Department 
     of Energy and others to eliminate all use of highly enriched 
     uranium in reactor fuel, reactor targets, and medical isotope 
     production facilities; and
       ``(iv) the potential cost differential in medical isotope 
     production in the reactors and target processing facilities 
     if the products were derived from production systems that do 
     not involve fuels and targets with highly enriched uranium.
       ``(B) Feasibility.--For the purpose of this subsection, the 
     use of low enriched uranium to produce medical isotopes shall 
     be determined to be feasible if--
       ``(i) low enriched uranium targets have been developed and 
     demonstrated for use in the reactors and target processing 
     facilities that produce significant quantities of medical 
     isotopes to serve United States needs for such isotopes;

[[Page S4030]]

       ``(ii) sufficient quantities of medical isotopes are 
     available from low enriched uranium targets and fuel to meet 
     United States domestic needs; and
       ``(iii) the average anticipated total cost increase from 
     production of medical isotopes in such facilities without use 
     of highly enriched uranium is less than 10 percent.
       ``(C) Report by the secretary.--Not later than 5 years 
     after the date of enactment of the Nuclear Fees 
     Reauthorization Act of 2005, the Secretary shall submit to 
     Congress a report that--
       ``(i) contains the findings of the National Academy of 
     Sciences made in the study under subparagraph (A); and
       ``(ii) discloses the existence of any commitments from 
     commercial producers to provide domestic requirements for 
     medical isotopes without use of highly enriched uranium 
     consistent with the feasibility criteria described in 
     subparagraph (B) not later than the date that is 4 years 
     after the date of submission of the report.
       ``(5) Second report to congress.--If the study of the 
     National Academy of Sciences determines under paragraph 
     (4)(A)(i) that the procurement of supplies of medical 
     isotopes from commercial sources that do not use highly 
     enriched uranium is feasible, but the Secretary is unable to 
     report the existence of commitments under paragraph 
     (4)(C)(ii), not later than the date that is 6 years after the 
     date of enactment of the Nuclear Fees Reauthorization Act of 
     2005, the Secretary shall submit to Congress a report that 
     describes options for developing domestic supplies of medical 
     isotopes in quantities that are adequate to meet domestic 
     demand without the use of highly enriched uranium consistent 
     with the cost increase described in paragraph (4)(B)(iii).
       ``(6) Certification.--At such time as commercial facilities 
     that do not use highly enriched uranium are capable of 
     meeting domestic requirements for medical isotopes, within 
     the cost increase described in paragraph (4)(B)(iii) and 
     without impairing the reliable supply of medical isotopes for 
     domestic utilization, the Secretary shall submit to Congress 
     a certification to that effect.
       ``(7) Sunset provision.--After the Secretary submits a 
     certification under paragraph (6), the Commission shall, by 
     rule, terminate the review of the Commission of export 
     license applications under this subsection.''.

     SEC. 206. COST RECOVERY FROM GOVERNMENT AGENCIES.

       Section 161 w. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2201(w)) is amended--
       (1) by striking ``for or is issued'' and all that follows 
     through ``1702'' and inserting ``to the Nuclear Regulatory 
     Commission for, or is issued by the Nuclear Regulatory 
     Commission, a license or certificate'';
       (2) by striking ``483a'' and inserting ``9701''; and
       (3) by striking ``, of applicants for, or holders of, such 
     licenses or certificates''.

     SEC. 207. CONFLICTS OF INTEREST RELATING TO CONTRACTS AND 
                   OTHER ARRANGEMENTS.

       Section 170A b. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2210a(b)) is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting 
     appropriately;
       (2) by striking ``b. The Commission'' and inserting the 
     following:
       ``b. Evaluation.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Commission''; and
       (3) by adding at the end the following:
       ``(2) Nuclear regulatory commission.--Notwithstanding any 
     conflict of interest, the Nuclear Regulatory Commission may 
     enter into a contract, agreement, or arrangement with the 
     Department of Energy or the operator of a Department of 
     Energy facility, if the Nuclear Regulatory Commission 
     determines that--
       ``(A) the conflict of interest cannot be mitigated; and
       ``(B) adequate justification exists to proceed without 
     mitigation of the conflict of interest.''.

     SEC. 208. HEARING PROCEDURES.

       Section 189 a. (1) of the Atomic Energy Act of 1954 (42 
     U.S.C. 2239(a)(1)) is amended by adding at the end the 
     following:
       ``(C) Hearings.--A hearing under this section shall be 
     conducted using informal adjudicatory procedures unless the 
     Commission determines that formal adjudicatory procedures are 
     necessary--
       ``(i) to develop a sufficient record; or
       ``(ii) to achieve fairness.''.

     SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     title and the amendments made by this title such sums as are 
     necessary for fiscal year 2006 and each subsequent fiscal 
     year.

                TITLE III--NRC HUMAN CAPITAL PROVISIONS

     SEC. 301. PROVISION OF SUPPORT TO UNIVERSITY NUCLEAR SAFETY, 
                   SECURITY, AND ENVIRONMENTAL PROTECTION 
                   PROGRAMS.

       Section 31 b. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2051(b)) is amended--
       (1) by striking ``b. The Commission is further authorized 
     to make'' and inserting the following:
       ``b. Grants and Contributions.--The Commission is 
     authorized--
       ``(1) to make'';
       (2) in paragraph (1) (as designated by paragraph (1)) by 
     striking the period at the end and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(2) to provide grants, loans, cooperative agreements, 
     contracts, and equipment to institutions of higher education 
     (as defined in section 102 of the Higher Education Act of 
     1965 (20 U.S.C. 1002)) to support courses, studies, training, 
     curricula, and disciplines pertaining to nuclear safety, 
     security, or environmental protection, or any other field 
     that the Commission determines to be critical to the 
     regulatory mission of the Commission.''.

     SEC. 302. PROMOTIONAL ITEMS.

       Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 
     et seq.) is amended by adding at the end the following:

     ``SEC. 170C. PROMOTIONAL ITEMS.

       ``The Commission may purchase promotional items of nominal 
     value for use in the recruitment of individuals for 
     employment.''.

     SEC. 303. EXPENSES AUTHORIZED TO BE PAID BY THE NUCLEAR 
                   REGULATORY COMMISSION.

       Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 
     et seq.) (as amended by section 302) is amended by adding at 
     the end the following:

     ``SEC. 170D. EXPENSES AUTHORIZED TO BE PAID BY THE 
                   COMMISSION.

       ``The Commission may--
       ``(1) pay transportation, lodging, and subsistence expenses 
     of employees who--
       ``(A) assist scientific, professional, administrative, or 
     technical employees of the Commission; and
       ``(B) are students in good standing at an institution of 
     higher education (as defined in section 102 of the Higher 
     Education Act of 1965 (20 U.S.C. 1002)) pursuing courses 
     related to the field in which the students are employed by 
     the Commission; and
       ``(2) pay the costs of health and medical services 
     furnished, pursuant to an agreement between the Commission 
     and the Department of State, to employees of the Commission 
     and dependents of the employees serving in foreign 
     countries.''.

     SEC. 304. NUCLEAR REGULATORY COMMISSION SCHOLARSHIP AND 
                   FELLOWSHIP PROGRAM.

       Chapter 19 of the Atomic Energy Act of 1954 is amended by 
     inserting after section 242 (42 U.S.C. 2015a) the following:

     ``SEC. 243. SCHOLARSHIP AND FELLOWSHIP PROGRAM.

       ``(a) Scholarship Program.--To enable students to study, 
     for at least 1 academic semester or equivalent term, science, 
     engineering, or another field of study that the Commission 
     determines is in a critical skill area related to the 
     regulatory mission of the Commission, the Commission may 
     carry out a program to--
       ``(1) award scholarships to undergraduate students who--
       ``(A) are United States citizens; and
       ``(B) enter into an agreement under subsection (c) to be 
     employed by the Commission in the area of study for which the 
     scholarship is awarded.
       ``(b) Fellowship Program.--To enable students to pursue 
     education in science, engineering, or another field of study 
     that the Commission determines is in a critical skill area 
     related to its regulatory mission, in a graduate or 
     professional degree program offered by an institution of 
     higher education in the United States, the Commission may 
     carry out a program to--
       ``(1) award fellowships to graduate students who--
       ``(A) are United States citizens; and
       ``(B) enter into an agreement under subsection (c) to be 
     employed by the Commission in the area of study for which the 
     fellowship is awarded.
       ``(c) Requirements.--
       ``(1) In general.--As a condition of receiving a 
     scholarship or fellowship under subsection (a) or (b), a 
     recipient of the scholarship or fellowship shall enter into 
     an agreement with the Commission under which, in return for 
     the assistance, the recipient shall--
       ``(A) maintain satisfactory academic progress in the 
     studies of the recipient, as determined by criteria 
     established by the Commission;
       ``(B) agree that failure to maintain satisfactory academic 
     progress shall constitute grounds on which the Commission may 
     terminate the assistance;
       ``(C) on completion of the academic course of study in 
     connection with which the assistance was provided, and in 
     accordance with criteria established by the Commission, 
     engage in employment by the Commission for a period specified 
     by the Commission, that shall be not less than 1 time and not 
     more than 3 times the period for which the assistance was 
     provided; and
       ``(D) if the recipient fails to meet the requirements of 
     subparagraph (A), (B), or (C), reimburse the United States 
     Government for--
       ``(i) the entire amount of the assistance provided the 
     recipient under the scholarship or fellowship; and
       ``(ii) interest at a rate determined by the Commission.
       ``(2) Waiver or suspension.--The Commission may establish 
     criteria for the partial or total waiver or suspension of any 
     obligation of service or payment incurred by a recipient of a 
     scholarship or fellowship under this section.
       ``(d) Competitive Process.--Recipients of scholarships or 
     fellowships under this section shall be selected through a 
     competitive process primarily on the basis of academic merit 
     and such other criteria as the Commission may establish, with 
     consideration given

[[Page S4031]]

     to financial need and the goal of promoting the participation 
     of individuals identified in section 33 or 34 of the Science 
     and Engineering Equal Opportunities Act (42 U.S.C. 1885a, 
     1885b).
       ``(e) Direct Appointment.--The Commission may appoint 
     directly, with no further competition, public notice, or 
     consideration of any other potential candidate, an individual 
     who has completed the academic program for which a 
     scholarship or fellowship was awarded by the Commission under 
     this section.''.

     SEC. 305. PARTNERSHIP PROGRAM WITH INSTITUTIONS OF HIGHER 
                   EDUCATION.

       Chapter 19 of the Atomic Energy Act of 1954 (42 U.S.C. 2015 
     et seq.) (as amended by section 304) is amended by inserting 
     after section 243 the following:

     ``SEC. 244. PARTNERSHIP PROGRAM WITH INSTITUTIONS OF HIGHER 
                   EDUCATION.

       ``(a) Definitions.--In this section:
       ``(1) Hispanic-serving institution.--The term `Hispanic-
     serving institution' has the meaning given the term in 
     section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1101a(a)).
       ``(2) Historically black college and university.--The term 
     `historically Black college or university' has the meaning 
     given the term `part B institution' in section 322 of the 
     Higher Education Act of 1965 (20 U.S.C. 1061).
       ``(3) Tribal college.--The term `Tribal college' has the 
     meaning given the term `tribally controlled college or 
     university' in section 2(a) of the Tribally Controlled 
     College or University Assistance Act of 1978 (25 U.S.C. 
     1801(a)).
       ``(b) Partnership Program.--The Commission may establish 
     and participate in activities relating to research, 
     mentoring, instruction, and training with institutions of 
     higher education, including Hispanic-serving institutions, 
     historically Black colleges or universities, and Tribal 
     colleges, to strengthen the capacity of the institutions--
       ``(1) to educate and train students (including present or 
     potential employees of the Commission); and
       ``(2) to conduct research in the field of science, 
     engineering, or law, or any other field that the Commission 
     determines is important to the work of the Commission.''.

     SEC. 306. ELIMINATION OF PENSION OFFSET FOR CERTAIN REHIRED 
                   FEDERAL RETIREES.

       Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 
     et seq.) (as amended by sections 302 and 303) is amended by 
     adding at the end the following:

     ``SEC. 170E. ELIMINATION OF PENSION OFFSET FOR CERTAIN 
                   REHIRED FEDERAL RETIREES.

       ``(a) In General.--The Commission may waive the application 
     of section 8344 or 8468 of title 5, United States Code, on a 
     case-by-case basis for employment of an annuitant--
       ``(1) in a position of the Commission for which there is 
     exceptional difficulty in recruiting or retaining a qualified 
     employee; or
       ``(2) when a temporary emergency hiring need exists.
       ``(b) Procedures.--The Commission shall prescribe 
     procedures for the exercise of authority under this section, 
     including--
       ``(1) criteria for any exercise of authority; and
       ``(2) procedures for a delegation of authority.
       ``(c) Effect of Waiver.--An employee as to whom a waiver 
     under this section is in effect shall not be considered an 
     employee for purposes of subchapter II of chapter 83, or 
     chapter 84, of title 5, United States Code.''.

     SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     title and amendments made by this title such sums as may be 
     necessary for fiscal year 2006 and each fiscal year 
     thereafter.
                                 ______
                                 
      By Mr. SANTORUM (for himself, Mr. Kerry, Mr. Smith, Ms. Stabenow, 
        Mr. Allard, and Mr. Sarbanes):
  S. 859. A bill to amend the Internal Revenue Code of 1986 to allow an 
income tax credit for the provision of homeownership and community 
development, and for other purposes; to the Committee on Finance.
  Mr. SANTORUM. Mr. President, I rise today to introduce the Community 
Development Homeownership Tax Credit Act. I am very pleased to be 
joined in this effort by Senators Kerry, Smith, Stabenow, Allard, and 
Sarbanes, who are original cosponsors of this legislation.
  Homeownership is a key component of the American Dream. Many people 
around this country dream of and plan for the day they can buy a home 
of their own in which to raise their children, to settle down in a 
community, and to build equity and wealth. They see the importance of 
homeownership and the stability it can bring to families and 
neighborhoods. It is often homeownership that financially anchors 
American families and civically anchors our communities. But I believe 
our focus on homeownership also returns our attention to the basic 
ideals of the American Dream. Ensuring access to homeownership is among 
the most significant ways we can empower our citizens to achieve the 
happy, productive and stable lifestyle everyone desires.
  Having a house of one's own that provides security and comfort to 
one's family and that gives families an active, vested interest in the 
quality of life their community provides is central to our collective 
ideas about freedom and self-determination. As a nation, we know that 
homeownership helps the emotional and intellectual growth and 
development of children. We know that homeowners show greater interest 
and more frequent participation in civic organizations and neighborhood 
issues. We know that when people own homes, they are more likely to 
accumulate wealth and assets and to prepare themselves financially for 
such things as their children's education and retirement.
  In America today, homeownership is at a record high. Unfortunately, 
there remains a significant homeownership gap between minority and non-
minority populations, leaving homeownership an elusive financial 
prospect for many. According to the Census Bureau, in 2004, the 
homeownership rate for non-Hispanic whites reached 76 percent, compared 
to 49.1 percent for African-Americans and 48.1 percent for Hispanics or 
Latinos.
  The bill I introduce today enjoys strong bipartisan support in the 
Senate and will encourage increased homeownership rates, more stable 
neighborhoods and strong communities. This legislation would give 
developers and investors an incentive to participate in the 
rehabilitation and construction of homes for low- and moderate-income 
buyers. It will also spur economic development in low- and moderate-
income communities across our country and provide an important stimulus 
for the development of our nation's economy.
  This proposal is modeled after the very successful low-income rental 
tax credit. It will allow states to allocate tax credits to developers 
and investors to construct or substantially rehabilitate homes in 
economically disadvantaged communities, including rural areas, for sale 
to low- or moderate-income buyers. These tax credits will help bridge 
the gap between the cost of developing affordable housing and the price 
at which these homes can be sold to eligible buyers in low-income 
neighborhoods where housing is scarce. It provides investors with a tax 
credit of up to 50 percent of the cost of home construction or 
rehabilitation. It is estimated that this legislation will encourage 
the construction and substantial rehabilitation of up to 500,000 homes 
for low- and moderate-income families in economically distressed areas 
over the next ten years.
  President Bush has long supported the creation of a homeownership tax 
credit as have the majority of both the House and Senate in the last 
Congress. This proposal also has the backing of a large and broad 
coalition of housing-related groups, including the National Association 
of Home Builders, the National Council of State Housing Agencies, and 
the National Association of Realtors. In addition, this initiative has 
the backing of major non-profit groups, including Habitat for Humanity, 
as well as the Local Initiatives Support Corporation and the Enterprise 
Foundation.
  This important legislation addresses a key issue facing many 
Americans today, housing affordability. It also addresses the community 
development needs of many neighborhoods. It continues to have strong 
bipartisan support, and I am hopeful that it will be enacted this year. 
I ask my colleagues to join me in supporting homeownership by 
cosponsoring this legislation.
                                 ______
                                 
      By Mr. ALEXANDER (for himself and Mr. Kennedy):
  S. 860. A bill to amend the National Assessment of Educational 
Progress Authorization Act to require State academic assessments of 
student achievement in United States history and civics, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Mr. ALEXANDER. Mr. President, today I am introducing the ``American 
History Achievement Act'' and am pleased to be joined in this effort by 
the senior Senator from Massachusetts. This is part of my effort to put 
the teaching of American history and civics back in its rightful place 
in our

[[Page S4032]]

schools so our children can grow up learning what it means to be an 
American.
  The ``American History Achievement Act'' gives the National 
Assessment Governing Board (NAGB) the authority to administer a ten 
State pilot study of the National Assessment of Education Progress 
(NAEP) test in U.S. history in 2006. They already have that authority 
for reading, math, science, and writing. The bill also includes a new 
provision that would permit a 10-state pilot study for the Civics NAEP 
test if funding is available.
  This modest bill provides for improved testing of American history so 
that we can determine where history is being taught well--and where it 
is being taught poorly--so that improvements can be made. We also know 
that when testing is focused on a specific subject, states and school 
districts are more likely to step up to the challenge and improve 
performance.
  We could certainly use improvement in the teaching of American 
history. According to the National Assessment of Education Progress 
(NAEP), commonly referred to as the ``Nation's Report Card,'' fewer 
students have just a basic understanding of American history than have 
a basic understanding of any other subject which we test--including 
math, science, and reading. When you look at the national report card, 
American history is our children's worst subject.
  Yet, according to recent poll results, the exact opposite outcome is 
desired by the American people. Hart-Teeter conducted a poll last year 
of 1300 adults for the Educational Testing Service (ETS), where they 
asked what the principal goal of education should be. The top response 
was ``producing literate, educated citizens who can participate in our 
democracy.'' Twenty-six percent of respondents felt that should be our 
principal goal. ``Teach basics: math, reading, writing'' was selected 
by only 15 percent as the principal goal of education. You can't be an 
educated participant in our democracy if you don't know our history.
  Our children don't know American history because they are not being 
taught it. For example, the state of Florida recently passed a bill 
permitting high school students to graduate without taking a course in 
U.S. history.
  And when our children are being taught our history, they're not 
learning what's most important. According to Harvard scholar Samuel 
Huntington, ``A 1987 study of high school students found that more knew 
who Harriet Tubman was than knew that Washington commanded the American 
army in the Revolution or that Abraham Lincoln wrote the Emancipation 
Proclamation.'' Now I'm all for teaching about the history of the 
Underground Railroad--my ancestor, the Reverend John Rankin, like 
Harriet Tubman, was a conductor on the Underground Railroad--but surely 
children ought to learn first about the most critical leaders and 
events in the Revolution and the Civil War.
  Let me give a few examples of just how bad things have gotten:
  The 4th grade NAEP test asks students to identify the following 
passage: ``We hold these truths to be self-evident: That all men are 
created equal; that they are endowed by their Creator with certain 
unalienable rights; that among these are life, liberty, and the pursuit 
of happiness. . . .'' Students were given four choices for the source 
of that passage: (a) Constitution, (b) Mayflower Compact, (c) 
Declaration of Independence, and (d) Article of the Confederation.
  Only 46 percent of students answered correctly that it came from the 
Declaration of Independence. The Declaration is the fundamental 
document for the founding of our Nation, but less than half the 
students could identify that famous passage from it.
  The 8th grade test asks students to ``Imagine you could use a time 
machine to visit the past. You have landed in Philadelphia in the 
summer of 1776. Describe an important event that is happening.'' Nearly 
half the students--46 percent were not able to answer the question 
correctly that the Declaration of Independence was being signed. They 
must wonder why the Fourth of July is Independence Day.
  We can't allow this to continue. Our children are growing up without 
even learning the basics of our Nation's history. Something has to be 
done. This legislation aims to help in that effort.
  The pilot program authorized in the bill should collect enough data 
to attain a state-by-state comparison of 8th and 12th grades student's 
knowledge and understanding of U.S. history. That data will allow us to 
know which States are doing a better job of teaching American history 
and allow other States to model their programs on those that are 
working well. It will also put a spotlight on American history that 
should encourage States and school districts to improve their efforts 
at teaching the subject.
  I suspect that the pilot program will tell us that history programs 
like those of the House Page School, right here on Capitol Hill, are 
the model to follow. On January 25, the College Board announced that 
the House page school ranked first in the Nation among institutions 
with fewer than 500 pupils for the percentage of the student body who 
achieved college-level mastery on the advanced placement exam in U.S. 
history. The page school achieved this result not only by teaching 
American history, but also because teachers highlight American history 
in all of their classes--from science to literature--as well as taking 
students on field trips around the Washington area, from Monticello to 
the American History Museum here in Washington, to historical sites in 
Philadelphia. The House Page School's success is evidence that we can 
succeed in teaching our children the history of this great Nation. I 
suspect we will uncover more effective models for the teaching of 
American history with the enactment of this legislation.
  Our children are growing up ignorant of our Nation's history. Yet a 
recent poll tells us that Americans believe the principal goal of 
education is ``producing literate, educated citizens who can 
participate in our democracy.'' It is time to put the teaching of 
American history and civics back in its rightful place in our schools 
so our children can grow up learning what it means to be an American. 
This bill takes us one step closer to achieving that noble goal. I urge 
my colleagues to support it.
  Mr. KENNEDY. Mr. President, I'm pleased to join Senator Alexander 
again this year in introducing the American History Achievement Act. 
This bill is part of a continuing effort to renew the national 
commitment to teaching history and civics in the Nation's public 
schools. It lays the foundation for more effective ways of teaching 
children about the Nation's past and the value of civic responsibility. 
It contains no new requirements for schools, but it does offer a more 
frequent and effective analysis of how America's schoolchildren are 
learning these important subjects.
  Our economy and our future security rely on good schools that help 
students develop specific skills, such as reading and math. But the 
strength of our democracy and our standing in the world also depend on 
ensuring that children have a basic understanding of the nation's past 
and what it takes to engage in our democracy. An appreciation for the 
defining events in our nation's history can be a catalyst for civic 
involvement.
  Helping to instill appreciation of America's past--and teaching the 
values of justice, equality, and civic responsibility--should be an 
important mission of public schools. Thanks to the hard work of large 
numbers of history and civics teachers in classrooms throughout 
America, we're making progress. Results from the most recent assessment 
under the NAEP show that fourth and eighth graders are improving their 
knowledge of U.S. history. Research conducted in history classrooms 
shows that children are using primary sources and documents more often 
to explore history, and are being assigned historical and biographical 
readings by their teachers more frequently.
  But much more remains to be done to advance the understanding of both 
of these subjects, and see to it that they are not left behind in 
classrooms.
  A recent study by Dr. Sheldon Stern--the Chief Historian Emeritus at 
my brother's Presidential Library--suggests that State standards for 
teaching American history need improvement. His research reveals that 
22 States have American history standards that are either weak or lack 
clear

[[Page S4033]]

chronology, appropriate political and historical context, or sufficient 
information about real events and people. As many as 9 States still 
have no standards at all for American history.
  Good standards matter. They're the foundation for teaching and 
learning in every school. With the right resources, time, and 
attention, it's possible to develop creative and effective history 
standards in every State. Massachusetts began to work on this effort in 
2000, through a joint review of history standards that involved 
teachers, administrators, curriculum coordinators, and university 
professors. After monthly meetings and three years of development and 
revision, the state released a new framework for teaching history in 
2003. Today, our standards in American history and World history 
receive the highest marks.
  School budget problems at the local level are also a serious threat 
to these goals.
  Other accounts report that schools are narrowing their curriculums 
away from the social sciences, arts, and humanities, in favor of a more 
concentrated approach to the teaching of reading and math in order to 
meet the strict standards of the No Child Left Behind Act.
  Meeting high standards in reading and math is important, but it 
should not come at the expense of scaling back teaching in other core 
subjects such as history and civics. Integrating reading and math with 
other subjects often gives children a better way to master literacy and 
number skills, even while learning in a history, geography, or 
government lesson. That type of innovation deserves special attention 
in our schools. Making it happen requires added investments in teacher 
preparation and teacher mentoring, so that teachers are well prepared 
to use interdisciplinary methods in their lesson plans.
  Our bill today takes several important steps to strengthen the 
teaching of American history and civics, and raise the standing of 
these subjects in school curriculums. Through changes to the National 
Assessment for Educational Progress, schools will be better able to 
achieve success on this important issue.
  First, we propose a more frequent national assessment of children in 
American history under the NAEP. For years, NAEP has served as the gold 
standard for measuring the progress of students and reporting on that 
progress. Students last participated in the U.S. history NAEP in 2001, 
and that assessment generated encouraging results. But the preceding 
assessment with which we can compare data--was administered in 1994--
too long before to be of real assistance.
  It makes sense to measure the knowledge and skills of children more 
frequently. This bill would place priority on administering the 
national U.S. history NAEP assessment, to generate a more timely 
picture of student progress. We should have an idea of children's 
knowledge and skills in American history more often than every 6 or 7 
years, in order to address gaps in learning.
  The bill also proposes a leap forward to strengthen State standards 
in American history and civics, through a new State-level pilot 
assessment of these subjects under NAEP. The assessment would be 
conducted on an experimental basis in 10 States, in grades 8 and 12. 
The National Assessment Governing Board would ensure that States with 
model standards, as well as those that are still under development, 
participate in this assessment.
  Moving NAEP to the State level does not carry any high stakes for 
schools. But it will provide an additional benchmark for States to 
develop and improve their standards. It's our hope that states will 
also be encouraged to undertake improvements in their history curricula 
and in their teaching of civics, and ensure that both subjects are a 
beneficiary and not a victim of school reform.
  America's past encompasses great leaders and great ideas that 
contributed to our heritage and to the principles of freedom, equality, 
justice, and opportunity for all. Today's students will be better 
citizens in the future if they learn more about that history and about 
the skills needed to participate in our democracy. The American History 
Achievement Act is an important effort toward that goal, and I 
encourage my colleagues to support it.
                                 ______
                                 
      By Mr. ISAKSON (for himself and Mr. Rockefeller):
  S. 861. A bill to amend the Internal Revenue Code of 1986 to provide 
transition funding rules for certain plans electing to cease future 
benefit accruals, and for other purposes; to the Committee on Finance.
  Mr. ISAKSON. Mr. President, today I join with Senator Rockefeller to 
introduce the Employee Pension Preservation Act of 2005. This bill 
seeks to eliminate the threat that airline employees are facing to 
their earned pensions as a result of funding laws that make pension 
funding schedule volatile and unpredictable. The Employee Pension 
Preservation Act of 2005 would allow their employers to make the 
required pension payments in a more predictable and manageable way. 
This common sense, industry specific approach is supported by airline 
employees and their employers.
  We are giving airlines the ability to fund their pension obligations 
to their employees on a more manageable and stabilized 25-year schedule 
using stable long-term assumptions. It is analogous to refinancing a 
short-term adjustable rate mortgage to a more predictable long-term 
fixed rate mortgage. It protects the interests of the American taxpayer 
by capping the Pension Benefit Guarantee Corporation's liabilities at 
current levels, and ensures that a uniform evenhanded policy is taken 
with respect to the entire industry. Finally, this must be a joint 
decision made by the airline and its employees.
  We are establishing a payment schedule for unfunded liabilities that 
is both affordable and practical, while properly protecting the 
interests of airline employees, airlines, and the American taxpayer. I 
commend Senator Rockefeller for joining me in introducing this 
important legislation, and look forward to its passage so that we can 
provide stability to airline employees with regards to the funding of 
their earned pensions.
  Mr. ROCKEFELLER. Mr. President, the U.S. airline industry continues 
to teeter on the brink of financial collapse. The industry lost over $9 
billion in 2004 and the airlines are expected to lose another $1.9 
billion in 2005. Our Nation cannot afford to let this vital part of our 
economy collapse. Our economic prosperity is tied to a healthy and 
growing aviation industry.
  As we saw after the events of September 11, 2001, the shutdown of our 
aviation systems caused a massive disruption to the flow of people and 
goods throughout the world. Without a healthy airline industry, our 
economy will not grow. I do not believe the significance of aviation to 
our economy can be overstated. I do not think many in Congress and 
across the country realize that over 10 million people are employed 
directly in the aviation industry. For every job in the aviation 
industry, 15 related jobs are produced. In my State of West Virginia, 
aviation represents $3.4 billion of the State's gross domestic product 
and directly and indirectly employs 51,000 people.
  The airline industry has been hard hit in recent years by high oil 
prices, weak revenue, and low fare competition. Since 2001, the airline 
industry has lost more than $30 billion collectively, and while 
aviation analysts expect 2005 will be a significant improvement over 
recent years, most estimates assume oil prices drop significantly from 
current levels--a matter that increasingly remains in doubt.
  Many airlines have aggressively cut costs through a number of means, 
most notably by reducing labor expenditures and through decreasing 
capacity by cutting flight frequencies, using smaller aircraft, or 
eliminating service to some communities.
  Despite the airlines' efforts, they have not been able to return to 
financial stability. The Federal Government is faced with serious and 
difficult choices in how to ensure both the short-term and long-term 
viability of the Nation's aviation industry. The one choice we do not 
have is the choice not to act. Although Congress cannot restore 
profitability to the airline industry with a law, we can create the 
atmosphere for the industry to succeed, grow, and bring people back to 
work. If we fail to act, tens of thousands of employees will lose their 
jobs on top of the 200,000 that have already lost their jobs, small 
communities will lose their

[[Page S4034]]

air service, and the United States will lose its global leadership in 
aviation.
  One of the greatest threats to the future financial viability of the 
airlines is pension funding. Congress needs to reform the pension rules 
to provide the tools airlines need to maintain their pension plans. As 
a step in the right direction, I am pleased to introduce legislation 
today with Senator Isakson that protects the retirement plans airline 
employees depend on.
  The Employee Pension Preservation Act of 2005 provides critical 
pension funding relief to the commercial airline industry by allowing 
the airlines to fund their pension obligations over a 25-year time 
horizon. Last year, recognizing that the airlines were facing 
extraordinary circumstances, Congress provided airlines a temporary 
reprieve from deficit reduction contributions.
  However, when that temporary relief expires at the end of the year, 
airlines will face immediate and crushing pension bills. Congress needs 
to provide permanent, appropriate remedies that enable airlines to 
maintain their pension plans. If we do not provide any flexibility in 
paying the pension obligations, then certainly more airlines will be 
forced to terminate their plans altogether. The legislation that 
Senator Isakson and I are offering enables airlines to meet all of 
their pension obligations on a reasonable schedule.
  Some people may worry that by granting airlines an extended payment 
period we are increasing the risks to the Pension Benefit Guaranty 
Corporation, which insures the airlines' defined benefit plans. 
However, I am hopeful that by making the funding rules more flexible 
this bill will actually decrease the likelihood that pension plans will 
be terminated and the PBGC saddled with unfunded obligations. Let me be 
clear, this legislation requires airlines to fully fund all of their 
past and future pension promises. It merely provides a more reasonable 
schedule for recovering from the recent downturn that hurt many pension 
plans.
  Moreover, the bill includes provisions to limit the liability 
potentially faced by the Government insurance agency. In contrast to 
the status quo, any pension plans that take advantage of the funding 
relief offered by our legislation would accrue no additional PBGC 
obligation. To the extent that any additional pension benefits are 
earned by employees, the benefits would have to be immediately and 
fully funded by the employer.
  As a member of the Senate Finance Committee, I have been working for 
years to improve our defined benefit pension system. I recognize that 
there are few easy answers or quick fixes. And I do not suggest that 
the legislation we are introducing today is a silver bullet for the 
airlines' defined benefit plans. Still, I am pleased to support this 
bill because it is a responsible compromise agreed to by both the labor 
and management representatives in the airline industry. That is very 
important to me, because this legislation will require some difficult 
sacrifices especially on the part of workers who may no longer accrue 
guaranteed benefits. While I have reservations about any agreement to 
limit the PBGC guarantee of pensions, I have been assured that in this 
particular case employees support this compromise and see it as the 
best opportunity to save their hard earned retirement benefits.
  I hope that my colleagues will carefully examine this proposal and 
join Senator Isakson and me in a debate about how we can better secure 
the pensions of airline employees. I appreciate that our legislation is 
not likely to pass the Congress without negotiation and compromise. 
Indeed, I welcome opportunities to improve this legislation. But I do 
not believe that we can ignore the plight that the airlines face, and I 
will work to enact prudent reforms as soon as possible.
                                 ______
                                 
      By Mr. CONRAD (for himself, Mr. Allen, Mr. Alexander, Mr. Baucus, 
        Mr. Bingaman, Mr. Chafee, Mr. Cochran, Mr. Corzine, Mr. Craig, 
        Mr. Dodd, Mr. Dorgan, Mr. Durbin, Mrs. Feinstein, Mr. Hagel, 
        Mr. Jeffords, Mr. Kennedy, Mr. Kerry, Mr. Lautenberg, Mr. 
        Levin, Mr. McCain, Mr. Nelson of Florida, Mr. Nelson of 
        Nebraska, Mr. Pryor, Mr. Rockefeller, Mr. Salazar, Mr. Schumer, 
        Ms. Stabenow, Mr. Stevens, and Mr. Warner):
  S. 863. A bill to require the Secretary of the Treasury to mint coins 
in commemoration of the centenary of the bestowal of the Nobel Peace 
Prize on President Theodore Roosevelt, and for other purposes; to the 
Committee on Banking, Housing, and Urban Affairs.
  Mr. CONRAD. Mr. President, I am pleased to introduce, with Senator 
Allen, and 27 of our colleagues, the Theodore Roosevelt Commemorative 
Coin Act, which would commemorate the centenary of the bestowal of the 
Nobel Peace Prize on President Theodore Roosevelt. This bill authorizes 
the Secretary of the Treasury to mint and issue coins bearing the 
likeness of Theodore Roosevelt. The sales of these coins would support 
programs to educate the public about the impressive achievements of our 
26th President.
  President Roosevelt is one of our most celebrated presidents. Among 
his many achievements, Roosevelt received the Congressional Medal of 
Honor for leading a daring charge up San Juan Hill, which turned the 
tide in that battle near Santiago, Cuba.
  North Dakota has a special connection with Theodore Roosevelt. 
Roosevelt liked to say that the years he spent in the Badlands of North 
Dakota were the best of his life. He even attributed his success as 
President to his experiences as a hunter and rancher in western North 
Dakota.
  It is with great pride that I introduce the Theodore Roosevelt 
Commemorative Coin Act, which honors President Roosevelt's foreign 
policy achievements and commitment to conservation in this country. In 
particular, the bill highlights his success in drawing up the 1905 
peace treaty ending the Russo-Japanese War. This accomplishment earned 
him the 1906 Nobel Peace Prize--making him the first citizen of the 
United States to receive the Peace Prize. The bill also pays tribute to 
his enduring respect for our nation's wildlife and natural resources. 
During his tenure as President, Roosevelt established 51 Bird Reserves, 
4 Game Preserves, 150 National Forests, 5 National Parks, and 18 
National Monuments, totaling nearly 230 million acres of land placed 
under public protection.
  It is fitting that the proceeds from the surcharge associated with 
the coin be used for educational programs at two very important sites 
in the life of Theodore Roosevelt--his home in New York, Sagamore Hill 
National Historic Site, and the national park that bears his name and 
honors his conservation efforts, Theodore Roosevelt National Park, 
located in Medora, North Dakota. These two sites played a significant 
role in the development of Teddy Roosevelt's policies and offered him 
refuge away from the stress associated with public life.
  As a North Dakotan and an American, it is my hope that this bill will 
renew interest in the life of Theodore Roosevelt. Roosevelt's courage, 
patriotism, optimism, and spirit reflect what is best about our 
country, and he is remembered not only as a great statesman, but also a 
friend to the environment. I encourage my colleagues to support this 
important legislation to honor Theodore Roosevelt's contributions to 
U.S. foreign and domestic policy and build upon his efforts to promote 
respect for our Nation's lands.
                                 ______
                                 
      By Mr. INHOFE (for himself and Mr. Voinovich):
  S. 864. A bill to amend the Atomic Energy Act of 1954 to modify 
provisions relating to nuclear safety and security, and for other 
purposes; to the Committee on Environment and Public Works.
  Mr. INHOFE. Mr. President, 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. 864

       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 ``Nuclear Safety and Security 
     Act of 2005''.

     SEC. 2. DEFINITION OF COMMISSION.

       In this Act, the term ``Commission'' means the Nuclear 
     Regulatory Commission.

     SEC. 3. GENERAL PROVISIONS.

       Section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2201) is amended--
       (1) by striking ``Sec. 161'' and all that follows through 
     ``authorized to--'' and inserting the following:

[[Page S4035]]

     ``SEC. 161. GENERAL PROVISIONS.'';

       (2) in each of subsections a., b., c., d., e., f., h., i., 
     j., m., n., o., p., s., t., v., and w., by inserting ``In 
     carrying out the duties of the Commission, the Commission 
     may'' after the subsection designation;
       (3) in subsection u., by striking ``(1) enter into'' and 
     inserting ``In carrying out the duties of the Commission, the 
     Commission may--
       ``(1) enter into'';
       (4) in subsection x., by striking ``Establish'' and 
     inserting ``In carrying out the duties of the Commission, the 
     Commission may establish'';
       (5) in each of subsections a., b., c., d., e., f., h., j., 
     m., n., s., and v., by striking the semicolon at the end and 
     inserting a period;
       (6) in subsection o., by striking ``; and'' at the end and 
     inserting a period;
       (7) in subsection t., by striking the semicolon at the end; 
     and
       (8) by indenting each subdivision appropriately.

     SEC. 4. USE OF FIREARMS BY SECURITY PERSONNEL.

       The Atomic Energy Act of 1954 is amended by inserting after 
     section 161 (42 U.S.C. 2201) the following:

     ``SEC. 161A. USE OF FIREARMS BY SECURITY PERSONNEL.

       ``(a) Definitions.--In this section, the terms `handgun', 
     `rifle', `shotgun', `firearm', `ammunition', `machinegun', 
     `short-barreled shotgun', and `short-barreled rifle' have the 
     meanings given the terms in section 921(a) of title 18, 
     United States Code.
       ``(b) Authorization.--Notwithstanding subsections (a)(4), 
     (a)(5), (b)(2), (b)(4), and (o) of section 922 of title 18, 
     United States Code, section 925(d)(3) of title 18, United 
     States Code, section 5844 of the Internal Revenue Code of 
     1986, and any law (including regulations) of a State or a 
     political subdivision of a State that prohibits the transfer, 
     receipt, possession, transportation, importation, or use of a 
     handgun, a rifle, a shotgun, a short-barreled shotgun, a 
     short-barreled rifle, a machinegun, a semiautomatic assault 
     weapon, ammunition for any such gun or weapon, or a large 
     capacity ammunition feeding device, in carrying out the 
     duties of the Commission, the Commission may authorize the 
     security personnel of any licensee or certificate holder of 
     the Commission (including an employee of a contractor of such 
     a licensee or certificate holder) to transfer, receive, 
     possess, transport, import, and use 1 or more such guns, 
     weapons, ammunition, or devices, if the Commission determines 
     that--
       ``(1) the authorization is necessary to the discharge of 
     the official duties of the security personnel; and
       ``(2) the security personnel--
       ``(A) are not otherwise prohibited from possessing or 
     receiving a firearm under Federal or State laws relating to 
     possession of firearms by a certain category of persons;
       ``(B) have successfully completed any requirement under 
     this section for training in the use of firearms and tactical 
     maneuvers;
       ``(C) are engaged in the protection of--
       ``(i) a facility owned or operated by a licensee or 
     certificate holder of the Commission that is designated by 
     the Commission; or
       ``(ii) radioactive material or other property owned or 
     possessed by a licensee or certificate holder of the 
     Commission, or that is being transported to or from a 
     facility owned or operated by such a licensee or certificate 
     holder, and that has been determined by the Commission to be 
     of significance to the common defense and security or public 
     health and safety; and
       ``(D) are discharging the official duties of the security 
     personnel in transferring, receiving, possessing, 
     transporting, or importing the weapons, ammunition, or 
     devices.
       ``(c) Background Checks.--A person that receives, 
     possesses, transports, imports, or uses a weapon, ammunition, 
     or a device under subsection (b) shall be subject to a 
     background check by the Attorney General, based on 
     fingerprints and including a background check under section 
     103(b) of the Brady Handgun Violence Prevention Act (Public 
     Law 103-159; 18 U.S.C. 922 note) to determine whether the 
     person is prohibited from possessing or receiving a firearm 
     under Federal or State law.
       ``(d) Effective Date.--This section takes effect on the 
     date on which regulations are promulgated by the Commission, 
     with the approval of the Attorney General, to carry out this 
     section.''

     SEC. 5. FINGERPRINTING AND CRIMINAL HISTORY RECORD CHECKS.

       Section 149 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2169) is amended--
       (1) in subsection a.--
       (A) by striking ``a. The Nuclear'' and all that follows 
     through ``section 147.'' and inserting the following:
       ``a.(1)(A)(i) The Commission shall require each individual 
     or entity described in clause (ii) to fingerprint each 
     individual described in subparagraph (B) before the 
     individual described in subparagraph (B) is permitted access 
     under subparagraph (B).
       ``(ii) The individuals and entities referred to in clause 
     (i) are individuals and entities that, on or before the date 
     on which an individual is permitted access under subparagraph 
     (B)--
       ``(I) are licensed or certified to engage in an activity 
     subject to regulation by the Commission;
       ``(II) have filed an application for a license or 
     certificate to engage in an activity subject to regulation by 
     the Commission; or
       ``(III) have notified the Commission in writing of an 
     intent to file an application for licensing, certification, 
     permitting, or approval of a product or activity subject to 
     regulation by the Commission.
       ``(B) The Commission shall require to be fingerprinted any 
     individual who--
       ``(i) is permitted unescorted access to--
       ``(I) a utilization facility; or
       ``(II) radioactive material or other property subject to 
     regulation by the Commission that the Commission determines 
     to be of such significance to the public health and safety or 
     the common defense and security as to warrant fingerprinting 
     and background checks; or
       ``(ii) is permitted access to safeguards information under 
     section 147.'';
       (B) by striking ``All fingerprints obtained by a licensee 
     or applicant as required in the preceding sentence'' and 
     inserting the following:
       ``(2) All fingerprints obtained by an individual or entity 
     as required in paragraph (1)'';
       (C) by striking ``The costs of any identification and 
     records check conducted pursuant to the preceding sentence 
     shall be paid by the licensee or applicant.'' and inserting 
     the following:
       ``(3) The costs of an identification or records check under 
     paragraph (2) shall be paid by the individual or entity 
     required to conduct the fingerprinting under paragraph 
     (1)(A).''; and
       (D) by striking ``Notwithstanding any other provision of 
     law, the Attorney General may provide all the results of the 
     search to the Commission, and, in accordance with regulations 
     prescribed under this section, the Commission may provide 
     such results to licensee or applicant submitting such 
     fingerprints.'' and inserting the following:
       ``(4) Notwithstanding any other provision of law--
       ``(A) the Attorney General may provide any result of an 
     identification or records check under paragraph (2) to the 
     Commission; and
       ``(B) the Commission, in accordance with regulations 
     prescribed under this section, may provide the results to the 
     individual or entity required to conduct the fingerprinting 
     under paragraph (1)(A).'';
       (2) in subsection c.--
       (A) by striking ``, subject to public notice and comment, 
     regulations--'' and inserting ``requirements--''; and
       (B) in paragraph (2)(B), by striking ``unescorted access to 
     the facility of a licensee or applicant'' and inserting 
     ``unescorted access to a utilization facility, radioactive 
     material, or other property described in subsection 
     a.(1)(B)'';
       (3) by redesignating subsection d. as subsection e.; and
       (4) by inserting after subsection c. the following:
       ``d. The Commission may require a person or individual to 
     conduct fingerprinting under subsection a.(1) by authorizing 
     or requiring the use of any alternative biometric method for 
     identification that has been approved by--
       ``(1) the Attorney General; and
       ``(2) the Commission, by regulation.''.

     SEC. 6. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.

       Section 229 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2278a) is amended--
       (1) by striking ``Sec. 229, Trespass Upon Commission 
     Installations.--'' and inserting the following:

     ``SEC. 229. TRESPASS ON COMMISSION INSTALLATIONS.'';

       (2) by adjusting the indentations of subsections a., b., 
     and c. so as to reflect proper subsection indentations; and
       (3) in subsection a.--
       (A) in the first sentence, by striking ``a. The'' and 
     inserting the following:
       ``a.(1) The'';
       (B) in the second sentence, by striking ``Every'' and 
     inserting the following:
       ``(2) Every''; and
       (C) in paragraph (1) (as designated by subparagraph (A))--
       (i) by striking ``or in the custody'' and inserting ``in 
     the custody''; and
       (ii) by inserting ``, or subject to the licensing authority 
     of the Commission or certification by the Commission under 
     this Act or any other Act'' before the period.

     SEC. 7. SABOTAGE OF NUCLEAR FACILITIES, FUEL, OR DESIGNATED 
                   MATERIAL.

       (a) In General.--Section 236a. of the Atomic Energy Act of 
     1954 (42 U.S.C. 2284(a)) is amended--
       (1) in paragraph (2), by striking ``storage facility'' and 
     inserting ``treatment, storage, or disposal facility'';
       (2) in paragraph (3)--
       (A) by striking ``such a utilization facility'' and 
     inserting ``a utilization facility licensed under this Act''; 
     and
       (B) by striking ``or'' at the end;
       (3) in paragraph (4)--
       (A) by striking ``facility licensed'' and inserting ``, 
     uranium conversion, or nuclear fuel fabrication facility 
     licensed or certified''; and
       (B) by striking the comma at the end and inserting a 
     semicolon; and
       (4) by inserting after paragraph (4) the following:
       ``(5) any production, utilization, waste storage, waste 
     treatment, waste disposal, uranium enrichment, uranium 
     conversion, or nuclear fuel fabrication facility subject to 
     licensing or certification under this Act during construction 
     of the facility, if the destruction or damage caused or 
     attempted to

[[Page S4036]]

     be caused could adversely affect public health and safety 
     during the operation of the facility;
       ``(6) any primary facility or backup facility from which a 
     radiological emergency preparedness alert and warning system 
     is activated; or
       ``(7) any radioactive material or other property subject to 
     regulation by the Commission that, before the date of the 
     offense, the Commission determines, by order or regulation 
     published in the Federal Register, is of significance to the 
     public health and safety or to common defense and 
     security;''.
       (b) Conforming Amendment.--Section 236 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2284) is amended by striking 
     ``intentionally and willfully'' each place it appears and 
     inserting ``knowingly''.
                                 ______
                                 
      By Mr. VOINOVICH:
  S. 865. A bill to amend the Atomic Energy Act of 1954 to reauthorize 
the Price-Anderson provisions; to the Committee on Environment and 
Public Works.
  Mr. VOINOVICH. Mr. President, 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. 865

       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 ``Price-Anderson Amendments 
     Act of 2005''.

     SEC. 2. EXTENSION OF INDEMNIFICATION AUTHORITY.

       (a) Indemnification of Nuclear Regulatory Commission 
     Licensees.--Section 170c. of the Atomic Energy Act of 1954 
     (42 U.S.C. 2210(c)) is amended--
       (1) in the subsection heading, by striking ``LICENSES'' and 
     inserting ``LICENSEES'';
       (2) by striking ``December 1, 2003'' and inserting 
     ``December 1, 2025''; and
       (3) by striking ``December 31, 2003'' each place it appears 
     and inserting ``December 31, 2025''.

     SEC. 3. REPORTS.

       Section 170p. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2210(p)) is amended by striking ``August 1, 1998'' and 
     inserting ``August 1, 2025''.

     SEC. 4. EFFECTIVE DATE.

       The amendments made by this Act take effect on December 1, 
     2003.

                          ____________________