[Congressional Record Volume 151, Number 59 (Monday, May 9, 2005)]
[Senate]
[Pages S4648-S4651]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BURNS:
  S. 977. A bill to include claims for injuries and death due to 
exposure during certain time periods form fallout emitted during the 
Government's above-ground nuclear tests in Nevada that exposed 
individuals who lived in the downwind affected area in the State of 
Montana; to the Committee on Health, Education, Labor, and Pensions.
  Mr. BURNS. Mr. President, in Montana, when someone does something to 
hurt someone else, they make it right. Not just because it is the right 
thing to do, but because in this State we shoot straight and take 
responsibility for our actions that's why I'm working to bring some of 
that Montana ethic to Washington to get the Federal Government to make 
amends for actions that have caused too many Montanans great pain and 
suffering.
  Nuclear testing in Nevada during the 1950's threw blooms of 
radioactive Iodine-131, I-131, high into the atmosphere. Those who were 
affected are sometimes referred to as ``Down Winders'' because the wind 
carried the poisonous iodine north to Montana where gravity finally 
kicked in and the radioactive material settled to the ground. It 
eventually got into the milk supply--one of the primary sources of 
Iodine 131--and disproportionately affected milk drinkers. And who 
drinks milk? Children and babies, who are the most vulnerable in 
society.
  Iodine-131 is absorbed by the thyroid--the organ of the body that 
uses iodine to produce important hormones. It can take between 20 and 
40 years, but eventually the damage caused by Iodine-131 manifests 
itself as thyroid cancer. I've had cancer, and I understand the 
physical, mental and emotional pain that follows this terrible disease. 
I know the pain, and it is time that the government made right the harm 
it has caused to people in my State of Montana.
  In 1990, the Radiation Exposure Compensation Act or RECA was signed 
into law. This measure provided financial compensation for victims 
living downwind of the Nevada Test Site to the tune of $50,000 per 
person. The law covered select counties in Nevada, Utah and Arizona. 
Later, this Act was amended to include compensation for uranium miners 
in Washington, Oregon, Idaho, Wyoming, North Dakota, South Dakota, 
Utah, Colorado, Arizona, New Mexico and Texas.
  However, Montana, with 15 of the 25 counties with the highest dosage, 
Meagher, Broadwater, Beaverhead, Jefferson, Powell, Judith Basin, 
Madison, Fergus, Gallatin, Petroleum, Lewis and Clark, Blaine, Silver 
Bow, Chouteau and Deer Lodge, single most affected county in the United 
States, Meagher, is the only State in the affected region to receive no 
RECA compensation at all. If that doesn't sound right, it's because 
it's not.
  Montanans have experienced unbelievably high rates of thyroid cancer. 
Between 1989 and 2003, the national rate of thyroid cancer increased by 
38 percent. In that same timeframe, Montana's rate increased by a 
whopping 127 percent. And yet, Montana is the only State in the region 
that is excluded from RECA. In 2000, the rate of reported thyroid 
cancer in Montana was 17.5 times greater than the national rate. And 
yet, Montana is the only State in the region that is excluded from 
RECA.
  On April 28, 2005, at the request of Congress, a report was released 
by the National Academy of Sciences. The 500-page report confirms the 
inadequacy of current RECA compensation. Most importantly, it supports 
the fact that Montana was one of the worst affected States. The fact is 
that folks in Montana were involuntarily subjected to increased risk of 
injury and disease in order to serve the national security interests of 
the United States. Moreover, they deserve our compassion and support. I 
strongly encourage my colleagues to support the expansion of RECA to my 
State of Montana.
                                 ______
                                 
      By Mr. AKAKA:
  S. 979. A bill to strengthen United States capabilities to secure 
sealed sources of nuclear materials from terrorists; to the Committee 
on Energy and Natural Resources.
  Mr. AKAKA. Mr. President, I rise today to introduce the Safe Storage 
of Radiological Materials Act of 2005 to prevent sealed radioactive 
sources, which can be used to create ``dirty bombs,'' from getting into 
the hands of terrorists. This bill is similar to S. 1045, the Low-Level 
Radioactive Waste Act, which I introduced in 2003.
  Since September 11, 2001, the Congress has faced the challenge of 
anticipating where the next attack on the United States will come from 
and in what form it will come. It is important to weigh where to invest 
precious security resources, knowing everything can't be protected. 
Many vulnerabilities deserve serious attention. Some can be addressed 
with relative ease.
  Thousands of unwanted sealed radioactive sources are currently held 
by the private sector, research institutions, and medical laboratories 
where these sources are generally unprotected and accessible. An April 
2003 report I requested from the Government Accountability Office, GAO, 
entitled ``Nuclear Proliferation: DOE Action Needed to Ensure Continued 
Recovery of Unwanted Sealed Radioactive Sources,'' stated that ``if 
these sealed sources fell into the hands of terrorists, they could be 
used as simple and crude but potentially dangerous radiological 
weapons, commonly called dirty bombs.'' Most experts agree that it 
would not require much scientific expertise or funding to cobble 
together a dirty bomb from radioactive material. In other words, the 
required materials are accessible and the assembly is relatively 
rudimentary.
  The GAO report focused on greater-than-class-C, GTCC, sealed sources. 
GTCC radiological sources are the ``high end'' of the continuum of low-
level radioactive waste. Class A, B, and C wastes can generally be 
disposed of at existing commercial disposal facilities. But wastes that 
exceed the Nuclear Regulatory Commission's criteria for Class C, known 
as greater-than-class-C wastes, are potent enough that they cannot be 
disposed of at existing facilities. While GTCC wastes are not as 
dangerous as high-level radioactive waste and therefore are not 
considered the highest security priority, they are the most potent of 
low level waste and necessitate progressively more stringent disposal 
requirements.
  The Low-Level Radioactive Waste Policy Amendments of 1985, P.L. 99-
240, required the Department of Energy, DOE, to provide a facility for 
disposing of all GTCC radioactive waste, including GTCC sealed sources 
that are no longer utilized by their owners. GAO found that little to 
no work had been done to designate a permanent disposal site. Although 
DOE has said that the facility will be up and running by 2007, it seems 
unlikely as they have only just begun the necessary environmental 
impact statement process.
  In 1999, DOE created the Off-Site Source Recovery Project, OSRP, to 
recover unwanted GTCC sealed sources and temporarily house them at the 
Department of Energy's Los Alamos National Laboratory. According to GAO 
testimony before the Senate Energy Committee in September 2004, 
approximately 10,000 GTCC sealed sources from about 160 sites across 
the U.S. had been recovered to date. However, approximately 8,000 
sources still remained in

[[Page S4649]]

insecure facilities at the time of the hearing.
  The job is not done, but the National Nuclear Security Administration 
(NNSA), the division within DOE responsible for the U.S. Radiological 
Threat Reduction, USRTR, previously the OSRP, has made great strides. 
Since I first introduced S. 1045, the Low Level Radioactive Waste Act, 
in May 2003, the prioritization of off-site recovery of GTCC sources 
has heightened. DOE received a $10 million supplemental for the program 
in 2003 and the President's fiscal year 06 budget proposes funding the 
USRTR at $12.75 million, up 69 percent from the fiscal year 05 enacted 
level of $7.54 million.
  Earlier this month, NNSA called to let me know it intended to remove 
100 sources of cobalt-60, which is GTCC, from the University of Hawaii.
  The University had been trying to get DOE, the owners of the 
material, to dispose of the sources for years. The radioactive material 
was used in an irradiator and loaned to the University back in the 
1960s for agricultural research. I am grateful that NNSA stepped up its 
recovery of unneeded radiological sources and helped to relieve the 
burden of guarding potentially dangerous material from the University 
administration.
  The progress made by NNSA, while appreciated and laudable, is 
nonetheless a first step. Without the designation of a permanent 
disposal facility for GTCC waste, DOE will run out of temporary storage 
space. The Department already encountered problems finding a place to 
store strontium-90, cesium-137, and plutonium-239, all GTCC sources 
that have unique storage requirements. A permanent disposal facility 
that can accommodate all GTCC waste must be identified.
  The Safe Storage of Radiological Materials Act of 2005 would require 
DOE to report to Congress on the current situation and future plans for 
disposal alternatives for GTCC radioactive waste and the cost and 
schedule to complete an environmental impact statement and record of 
decision on a permanent disposal facility for GTCC radioactive wastes. 
My bill would also require DOE to provide Congress with a plan for the 
short-term recovery of GTCC radioactive waste until a permanent 
facility is available. This legislation parallels the recommendations 
of the April 2003 GAO report, and I believe enactment of this bill is 
critical to securing sealed sources of nuclear material.
  Twenty years is too long to wait for an agency to do its job. I urge 
my colleagues to support this important piece of legislation.
  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. 979

       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 ``Safe Storage of Radiological 
     Materials Act of 2005''.

     SEC. 2. DISPOSAL OF CERTAIN LOW-LEVEL RADIOACTIVE WASTE.

       (a) Findings.--Congress finds that--
       (1) according to the report of the National Commission on 
     Terrorist Attacks Upon the United States, more than 2 dozen 
     terrorist groups, including al Qaeda, are pursuing chemical, 
     biological, radiological, and nuclear materials;
       (2) according to the report of the National Commission on 
     Terrorist Attacks Upon the United States, the United States 
     is a prime target for weapons made with chemical, biological, 
     radiological, and nuclear materials;
       (3) the Department of Energy estimates that about 10,000 
     sealed sources of greater-than-Class C low-level radioactive 
     waste (as defined in section 61.55 of title 10, Code of 
     Federal Regulations) will become unwanted and will have to be 
     disposed of through the Department of Energy by 2010;
       (4) the Department of Energy--
       (A) does not have adequate resources or storage facilities 
     to recover and store all unwanted sources of greater-than-
     Class C low-level radioactive waste; and
       (B) has not identified a permanent disposal facility;
       (5) a report by the Government Accountability Office 
     entitled ``Nuclear Proliferation: DOE Action Needed to Ensure 
     Continued Recovery of Unwanted Sealed Radioactive Sources'' 
     states that ``[t]he small size and portability of the sealed 
     sources make them susceptible to misuse, improper disposal, 
     and theft. If these sealed sources fell into the hands of 
     terrorists, they could be used as simple and crude but 
     potentially dangerous radiological weapons, commonly called 
     dirty bombs.''; and
       (6) the Government Accountability Office report further 
     states that ``[c]ertain sealed sources are considered 
     particularly attractive for potential use in producing dirty 
     bombs because, among other things, they contain more 
     concentrated amounts of nuclear material known as `greater-
     than-Class-C material.' ''
       (b) Responsibility for Activities To Provide Storage 
     Facility.--The Secretary of Energy shall provide to Congress 
     official notification of the final designation of an entity 
     within the Department of Energy to have the responsibility of 
     completing activities needed to provide a facility for safely 
     disposing of all greater-than-Class C low-level radioactive 
     waste.
       (c) Reports and Plans.--
       (1) Report on permanent disposal facility.--
       (A) Plan regarding cost and schedule for completion of eis 
     and rod.--Not later than 1 year after the date of enactment 
     of this Act, the Secretary of Energy, in consultation with 
     Congress, shall submit to Congress a report containing an 
     estimate of the cost and a proposed schedule to complete an 
     environmental impact statement and record of decision for a 
     permanent disposal for greater-than-Class C radioactive 
     waste.
       (B) Analysis of alternatives.--Before the Secretary of 
     Energy makes a final decision on the disposal alternative or 
     alternatives to be implemented, the Secretary of Energy 
     shall--
       (i) submit to Congress a report that describes all 
     alternatives under consideration, including all information 
     required in the comprehensive report making recommendations 
     for ensuring the safe disposal of all greater-than-Class C 
     low-level radioactive waste that was submitted by the 
     Secretary to Congress in February 1987; and
       (ii) await action by Congress.
       (2) Short-term plan for recovery and storage.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Energy shall submit 
     to Congress a plan to ensure the continued recovery and 
     storage of greater-than-Class C low-level radioactive sealed 
     sources that pose a security threat until a permanent 
     disposal facility is available.
       (B) Contents.--The plan shall address estimated cost, 
     resource, and facility needs.
                                 ______
                                 
      By Mr. NELSON of Florida:
  S. 980. A bill to provide state and local governments with financial 
assistance that will increase their ability and effectiveness in 
monitoring convicted sex offenders by developing and implementing a 
program using global positioning systems to monitor convicted sexual 
offenders or sexual predators released from confinement; to the 
Committee on the Judiciary.
  Mr. NELSON of Florida. Mr. President, I commend the leadership.
  I rise to address the Senate on the subject of sexual predators. We 
have certainly had our fill of these people who prey on children in the 
State of Florida. The Nation has recently joined Florida in mourning 
the deaths of two young girls murdered by registered sex offenders. In 
March, an attacker walked in to--
  Mr. INHOFE. Will the Senator yield for a question?
  Mr. NELSON of Florida. Certainly.
  Mr. INHOFE. Could I inquire as to how long you would like to address 
the Senate in morning business.
  Mr. NELSON of Florida. About 5 minutes.
  I thank the distinguished Senator from Oklahoma. I know this is a 
subject that he is quite concerned with. The Nation was gripped with 
the news of this sexual predator who walked into the unlocked home of a 
9-year-old, Jessica Lunsford, in Homossassa, FL, took her from her 
bed--I want the Senator from Oklahoma to listen to the emotion in my 
voice. He walked into her unlocked home, took her from her bed, raped 
her, and then buried her alive. The man who is charged is a registered 
sex offender, previously convicted of molesting a minor, but law 
enforcement had lost track of him. In fact, he was living within 150 
feet of Jessica Lunsford.
  To add insult to injury, he was working at an elementary school.
  Unfortunately, it did not stop there. About a month later, 13-year-
old Sarah Lunde was abducted from her home in Rushkin, FL, and she was 
murdered. Her confessed killer is her mother's ex-boyfriend, who is 
also a convicted sex offender.
  In our State alone, we have over 30,000 registered sex offenders, and 
there are more than 300,000 nationwide. The Bureau of Justice 
Statistics has provided data showing that 70 percent of all the men in 
prison for a sex crime were men whose victim was a child.

[[Page S4650]]

  In 2003, the Justice Department published a report on recidivism 
rates of sex offenders, and it has produced some disturbing statistics. 
The Department of Justice tracked 9,691 male sex offenders released 
from 15 State prisons, including Florida. They tracked them for a 3-
year period and found that 40 percent of the sex offenders who re-
offended did so within the first year, and within 3 years of their 
release from prison, 5.3 percent of those sex offenders were rearrested 
for another sex crime. Is this beginning to tell us a story? Half of 
the sex offenders tracked in this study included men who molested 
children, and within the first 3 years of their release from prison, 
3.3 percent of these convicts were rearrested for another sex crime 
against a child.
  In the wake of the two recent tragedies in Florida, of Jessica 
Lunsford and Sarah Lunde, the State legislature passed a law that will 
provide tougher sentences for child sex offenders, and aid law 
enforcement in effectively monitoring those sex offenders. This law 
will require sex offenders, released back into our communities, to wear 
a bracelet that will have a global positioning system track them.
  I applaud the initiative by our State, and I believe now there ought 
to be an appropriate Federal response to be supportive of the States 
and local governments that want to address this problem. The technology 
is there, but it is expensive. To be effective, tough laws on these 
sexual predators of children must be properly funded, and I believe it 
is worth properly funding them to protect our children.
  Today I am introducing this bill, the Sexual Predator Effective 
Monitoring Act, which will provide $30 million in grants to States that 
establish programs under their State law to get tougher on child sex 
offenders released back into a community and to get tougher on them 
with more effective monitoring and tracking. This bill directs the 
Attorney General to award grants to those States to assist them in 
carrying out programs to outfit sexual offenders with an ankle bracelet 
that will track them using global positioning systems.
  In the first year, I am suggesting that this bill offer $10 million 
in grants. In the second year, $20 million, and then we would have to 
come back and readdress the issue. The Attorney General then would be 
directed to issue a report so we could go on with future extension of 
the bill. There are no silver bullets to stop these sexual predators 
from preying on our children, but I believe tough laws, such as the new 
Florida statute, are going to go a long way in preventing these sexual 
offenders from reoffending.
  Nine-year-old Jessica Lunsford's confessed rapist and murderer was 
living only within 150 feet of her home, but law enforcement officers 
did not know where he was because he failed to notify them of his 
changed address. Law enforcement also did not know he was working in a 
nearby elementary school, nor did the school know they had a registered 
sex offender on school property.
  GPS monitoring systems, when properly used, will assist law 
enforcement in knowing where these child sex offenders are and 
preventing them from going into restricted areas like elementary 
schools. We owe it to our children to do all we can to make sure that 
we keep them safe. That is why I am introducing this bill today.
  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. 980

       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 ``Sexual Predator Effective 
     Monitoring Act of 2005''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) in recent years we have seen multiple cases of 
     convicted sexual offenders serving probation abducting and 
     murdering young children;
       (2) several states have begun the development and 
     implementation of outfitting convicted sexual offenders with 
     Global Positioning Systems to track their movements while on 
     probation;
       (3) the employment of these devices will assist law 
     enforcement in tracking the movements and location of 
     probationers in real time to within 10 ft. of their location;
       (4) Global Positioning System tracking will permit law 
     enforcement to ensure that convicted sex offenders do not go 
     to areas restricted according to the terms of their 
     probation;
       (5) Global Positioning Systems will serve to deter sexual 
     predators from re-offending as they will know that their 
     movements are monitored and tracked by law enforcement; and
       (6) in the event that a convicted sexual offender commits 
     an additional sex offense while on probation and monitored 
     with a Global Positioning System, the Global Positioning 
     System technology will aid law enforcement in the 
     investigation of these crimes by quickly determining the 
     location of sexual offenders within the area of the suspected 
     crime.

     SEC. 3. SEXUAL PREDATOR MONITORING PROGRAM.

       (a) Grants Authorized.--
       (1) In general.--The Attorney General is authorized to 
     award grants and contracts to State and local governments to 
     assist such States and local governments in--
       (A) carrying out programs to outfit sexual offenders with 
     electronic monitoring units; and
       (B) the employment of law enforcement officials necessary 
     to carry out such programs.
       (2) Duration.--The Secretary shall award grants under this 
     Act for a period not to exceed 3 years.
       (b) Application.--
       (1) In general.--Each State or local government desiring a 
     grant under this Act shall submit an application to the 
     Attorney General at such time, in such manner, and 
     accompanied by such information as the Attorney General may 
     reasonably require.
       (2) Contents.--Each application submitted pursuant to 
     paragraph (1) shall--
       (A) describe the activities for which assistance under this 
     Act is sought; and
       (B) provide such additional assurances as the Attorney 
     General determines to be essential to ensure compliance with 
     the requirements of this Act.

     SEC. 4. PROPORTIONAL SHARE.

       The Attorney General shall ensure that each State with 
     eligible programs receives a proportional share of funding 
     under this Act based on the total number of eligible States 
     and the population of sex offenders to be monitored with 
     global positioning systems in those States.

     SEC. 5. DEFINITION.

       In this Act, the term ``sexual offender'' means an offender 
     18 years of age or older who commits a sexual offense against 
     a minor.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     $10,000,000 for fiscal year 2006 and $20,000,000 for fiscal 
     year 2007 to carry out this Act.
       (b) Report.--Not later than April 1, 2007, the Attorney 
     General shall report to Congress--
       (1) assessing the effectiveness and value of this Act; and
       (2) making recommendations for continuing funding and the 
     appropriate levels for such funding.

  Mr. DeMINT. Mr. President, I rise today to introduce the Truth in 
Employment Act, a bill I previously introduced in the House of 
Representatives to stem the harm done to companies by salting, a union 
tactic that is causing material economic damage to small businesses 
everyday in this country.
  There is a basic disagreement over the definition of salting. While 
union supporters and the NLRB have defined the term as the ``placing of 
union members on non-union job sites for the purpose of organizing,'' 
it has been widely documented that the true motivation of many salts is 
simply to increase the cost of doing business for non-union 
contractors, regardless of the wishes of the employer's bona fide 
employees.
  Salting is much more than someone seeking employment for the purpose 
of union organizing. It is an attempt to interfere with business 
operations, harass employees, and cause economic harm through illegal 
activities and frivolous legal complaints against employers. Union 
organizers who fail to convince employees to organize will use salting 
to shut down non-union companies, often going to extreme lengths, 
including preventing deliveries to job sites and destroying building 
supplies.
  In my own State of South Carolina, salting has resulted in the loss 
of hundreds of jobs. In Sumter, South Carolina, the Yuasa Exide battery 
plant was targeted by a union.
  Union salts infiltrated the plant, and when employees there did not 
unionize, the union retaliated by sabotaging product, causing work slow 
downs, making verbal threats and threatening phone calls, and putting 
nails in people's tires. Union leaders threatened to shut down the 
plant and they did just that. Six hundred and fifty people were laid 
off because the Yuasa Exide plant could not afford the increased cost 
to

[[Page S4651]]

the business of defending itself and its employees from the union 
salting campaign. Yuasa Exide, which was the first tenant in Sumter's 
industrial park, had been there since 1965 and provided high-tech, 
good-paying jobs in a rural area, was forced to close its doors because 
of salting.
  The impacts of salting are felt by many. Companies see increased 
costs from having to defend themselves against labor relations 
complaints as well as lost hours of productivity from having to fight 
these charges. Consumers are impacted by salting when they experience 
increased costs and higher prices. Moreover, Federal agencies spend 
untold sums to investigate claims that are later found to be without 
merit, forcing taxpayers to effectively subsidize union activity.
  To put it bluntly, salting is a job killer. At a time when we are 
working in Congress to enact policies which will spur job growth and 
ensure future economic prosperity, salting abuses stand directly in the 
way of these goals. We can no longer allow American jobs to suffer at 
the hands of Washington labor bosses.
  To prevent salting abuses from causing more harm to employers, I am 
introducing the Truth in Employment Act which amends section 8(a) of 
the National Labor Relations Act (NLRA) to make clear that an employer 
is not required to hire any person who seeks a job in order to promote 
interests unrelated to those of the employer. This bill in no way 
infringes upon any rights or protections otherwise accorded employees 
under the NLRA. Employees will continue to enjoy their right to 
organize. The bill merely seeks to alleviate the legal pressures 
imposed upon employers to hire individuals whose overriding purpose for 
seeking the job is to disrupt the employer's workplace or otherwise 
inflict economic harm designed to put the employer out of business. 
This bill in no way infringes upon any rights or protections otherwise 
accorded employees under the NLRA, or any other employment statute.
  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. 983

       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 ``Truth in Employment Act of 
     2005''.

     SEC. 2. FINDINGS.

       Congress finds that:
       (1) An atmosphere of trust and civility in labor-management 
     relationships is essential to a productive workplace and a 
     healthy economy.
       (2) The tactic of using professional union organizers and 
     agents to infiltrate a targeted employer's workplace, a 
     practice commonly referred to as ``salting'' has evolved into 
     an aggressive form of harassment not contemplated when the 
     National Labor Relations Act was enacted and threatens the 
     balance of rights which is fundamental to our system of 
     collective bargaining.
       (3) Increasingly, union organizers are seeking employment 
     with nonunion employers not because of a desire to work for 
     such employers but primarily to organize the employees of 
     such employers or to inflict economic harm specifically 
     designed to put nonunion competitors out of business, or to 
     do both.
       (4) While no employer may discriminate against employees 
     based upon the views of employees concerning collective 
     bargaining, an employer should have the right to expect job 
     applicants to be primarily interested in utilizing the skills 
     of the applicants to further the goals of the business of the 
     employer.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to preserve the balance of rights between employers, 
     employees, and labor organizations which is fundamental to 
     our system of collective bargaining;
       (2) to preserve the rights of workers to organize, or 
     otherwise engage in concerted activities protected under the 
     National Labor Relations Act; and
       (3) to alleviate pressure on employers to hire individuals 
     who seek or gain employment in order to disrupt the workplace 
     of the employer or otherwise inflict economic harm designed 
     to put the employer out of business.

     SEC. 4. PROTECTION OF EMPLOYER RIGHTS.

       Section 8(a) of the National Labor Relations Act (29 U.S.C. 
     158(a)) is amended by adding after and below paragraph (5) 
     the following:
     ``Nothing in this subsection shall be construed as requiring 
     an employer to employ any person who seeks or has sought 
     employment with the employer in furtherance of other 
     employment or agency status.''.

                          ____________________