[Congressional Record Volume 157, Number 176 (Thursday, November 17, 2011)]
[Senate]
[Pages S7704-S7712]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DURBIN (for himself and Mr. Kirk):
S. 1884. A bill to provide States with incentives to require
elementary schools and secondary schools to maintain, and permit school
personnel to administer, epinephrine at schools; to the Committee on
Health, Education, Labor, and Pensions.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1884
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 ``School Access to Emergency
Epinephrine Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to research funded by the Food Allergy
Initiative and conducted by Northwestern University and
Children's Memorial Hospital, nearly 6,000,000 children in
the United States have food allergies.
(2) Anaphylaxis, or anaphylactic shock, is a systemic
allergic reaction that can kill within minutes.
(3) More than 15 percent of school-aged children with food
allergies have had an allergic reaction in school.
(4) Teenagers and young adults with food allergies are at
the highest risk of fatal food-induced anaphylaxis.
(5) Individuals with food allergies who also have asthma
may be at increased risk for severe or fatal food allergy
reactions.
(6) Studies have shown that 25 percent of epinephrine
administrations in schools involve individuals with a
previously unknown allergy.
(7) The National Institute of Allergy and Infectious
Diseases (``NIAID'') has reported that delays in the
administration of epinephrine to patients in anaphylaxis can
result in rapid decline and death. NIAID recommends that
epinephrine be given promptly to treat anaphylaxis.
(8) Physicians can provide standing orders to furnish a
school with epinephrine for injection, and several States
have passed laws to authorize this practice.
(9) The American Academy of Allergy, Asthma, and Immunology
recommends that epinephrine injectors should be included in
all emergency medical treatment kits in schools.
(10) The American Academy of Pediatrics recommends that an
anaphylaxis kit should be kept with medications in each
school and made available to trained staff for administration
in an emergency.
(11) According to the Food Allergy and Anaphylaxis Network,
there are no contraindications to the use of epinephrine for
a life-threatening reaction.
SEC. 3. PREFERENCE FOR STATES REGARDING ADMINISTRATION OF
EPINEPHRINE BY SCHOOL PERSONNEL.
Section 399L of the Public Health Service Act (42 U.S.C.
280g(d)) is amended--
(1) in subsection (a), by redesignating the second
paragraph (2) and paragraph (3) as paragraphs (3) and (4),
respectively; and
(2) by striking subsection (d) and inserting the following:
``(d) Preference for States Regarding Medication to Treat
Asthma and Anaphylaxis.--
``(1) Preference.--The Secretary, in making any grant under
this section or any other grant that is asthma-related (as
determined by the Secretary) to a State, shall give
preference to any State that satisfies each of the following
requirements:
``(A) Self-administration of medication.--
``(i) In general.--The State shall require that each public
elementary school and secondary school in that State will
grant to any student in the school an authorization for the
self-administration of medication to treat that student's
asthma or anaphylaxis, if--
``(I) a health care practitioner prescribed the medication
for use by the student during school hours and instructed the
student in the correct and responsible use of the medication;
``(II) the student has demonstrated to the health care
practitioner (or such practitioner's designee) and the school
nurse (if available) the skill level necessary to use the
medication and any device that is necessary to administer
such medication as prescribed;
[[Page S7705]]
``(III) the health care practitioner formulates a written
treatment plan for managing asthma or anaphylaxis episodes of
the student and for medication use by the student during
school hours; and
``(IV) the student's parent or guardian has completed and
submitted to the school any written documentation required by
the school, including the treatment plan formulated under
subclause (III) and other documents related to liability.
``(ii) Scope.--An authorization granted under clause (i)
shall allow the student involved to possess and use the
student's medication--
``(I) while in school;
``(II) while at a school-sponsored activity, such as a
sporting event; and
``(III) in transit to or from school or school-sponsored
activities.
``(iii) Duration of authorization.--An authorization
granted under clause (i)--
``(I) shall be effective only for the same school and
school year for which it is granted; and
``(II) must be renewed by the parent or guardian each
subsequent school year in accordance with this subsection.
``(iv) Backup medication.--The State shall require that
backup medication, if provided by a student's parent or
guardian, be kept at a student's school in a location to
which the student has prompt access in the event of an asthma
or anaphylaxis emergency.
``(v) Maintenance of information.--The State shall require
that information described in clauses (i)(III) and (i)(IV) be
kept on file at the student's school in a location easily
accessible in the event of an asthma or anaphylaxis
emergency.
``(vi) Rule of construction.--Nothing in this subparagraph
creates a cause of action or in any other way increases or
diminishes the liability of any person under any other law.
``(B) School personnel administration of epinephrine.--
``(i) In general.--The State shall require that each public
elementary school and secondary school in the State--
``(I) permit authorized personnel to administer epinephrine
to any student believed in good faith to be having an
anaphylactic reaction; and
``(II) maintain in a secure and easily accessible location
a supply of epinephrine that--
``(aa) are prescribed under a standing protocol from a
licensed physician; and
``(bb) are accessible to authorized personnel for
administration to a student having an anaphylactic reaction.
``(ii) Liability and state law.--
``(I) Good samaritan law.--The State shall have a State law
ensuring that elementary school and secondary school
employees and agents, including a physician providing a
prescription for school epinephrine, will incur no liability
related to the administration of epinephrine to any student
believed in good faith to be having an anaphylactic reaction,
except in the case of willful or wanton conduct.
``(II) State law.--Nothing in this subparagraph shall be
construed to preempt State law, including any State law
regarding whether students with allergy or asthma may possess
and self-administer medication.
``(2) Definitions.--For purposes of this subsection:
``(A) The terms `elementary school' and `secondary school'
have the meaning given to those terms in section 9101 of the
Elementary and Secondary Education Act of 1965.
``(B) The term `health care practitioner' means a person
authorized under law to prescribe drugs subject to section
503(b) of the Federal Food, Drug, and Cosmetic Act.
``(C) The term `medication' means a drug as that term is
defined in section 201 of the Federal Food, Drug, and
Cosmetic Act and includes inhaled bronchodilators and
epinephrine.
``(D) The term `self-administration' means a student's
discretionary use of his or her prescribed asthma or
anaphylaxis medication, pursuant to a prescription or written
direction from a health care practitioner.
``(E) The term `authorized personnel' means the school
nurse or, if the school nurse is absent, an individual who
has been designated by the school nurse and has received
training in the administration of epinephrine.''.
______
By Mr. LEAHY (for himself, Mr. Grassley, Mr. Bennet, and Mr.
Blumenthal):
S. 1886. A bill to prevent trafficking in counterfeit drugs; to the
Committee on the Judiciary.
Mr. LEAHY. Mr. President, few things are more important to consumer
well being than ensuring the safety of our pharmaceutical supply chain.
Yet today, the penalties for counterfeit drug offenses are outdated and
insufficient to deter this epidemic problem. As a result, counterfeit
medicines reportedly lead to 100,000 deaths globally each year, with
upwards of 90 percent of drug sales estimated to be counterfeit.
Similarly, few things are more important to the American economy and
long-term job creation than protecting our companies' intellectual
property. Yet businesses manufacturing and selling counterfeit drugs
reportedly generate more than $75 billion in annual revenue. This means
lost profits for American businesses and lost jobs for American
workers. Such staggering numbers would be unacceptable in any economic
climate, and they are devastating today.
Combating the sale of counterfeit drugs is increasingly difficult.
Whether it is the prevalence of Internet pharmacies, or the new and
sophisticated methods of manufacturing, packaging and distributing
counterfeit drugs, the obstacles to safeguarding the pharmaceutical
supply chain in today's economy are many. As a result, large
counterfeit drug enterprises are being funded on the backs of
consumers, both in Vermont and around the country, whose health and
safety are at stake.
Under current law, it is illegal to introduce counterfeit drugs into
interstate commerce, but the penalties are no different than those
assessed for trafficking other counterfeit products, such as handbags
or sneakers. While the manufacture and sale of any counterfeit product
is a serious crime, counterfeit medication poses a grave danger to
public health that warrants a harsher punishment. Legislation is needed
to raise counterfeit drug penalties to a level commensurate with the
severity of the offense in order to deter an epidemic problem.
Today, I am introducing the bipartisan Counterfeit Drug Penalty
Enhancement Act, which will raise the maximum penalties for counterfeit
drug offenses, and direct the United States Sentencing Commission to
consider amending its guidelines and policy statements to reflect the
serious nature of these crimes.
This legislation will protect the safety of American consumers, and
the investment that American pharmaceutical companies make in
developing the quality medicines that lead to reputable brands.
Ensuring patient safety and combating intellectual property theft are
not uniquely Democratic or Republican priorities, these are bipartisan
priorities, and I hope that we can quickly take up and consider this
much needed legislation.
We should not expect that enactment of this or any legislation will
completely deter this serious problem. But this bill is an important
step towards countering a problem that harms American consumers,
American businesses, and American jobs.
I thank Senator Grassley and Senator Bennet for working with me on
this legislation, and I look forward to working with all Senators to
pass this important, bipartisan legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1886
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 ``Counterfeit Drug Penalty
Enhancement Act of 2011''.
SEC. 2. COUNTERFEIT DRUG PREVENTION.
Section 2320(a) of title 18, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
``(2) Counterfeit drugs.--
``(A) In general.--Whoever commits an offense in violation
of paragraph (1) with respect to a drug (as defined in
section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321)) shall--
``(i) if an individual, be fined not more than $4,000,000,
imprisoned not more than 20 years, or both; and
``(ii) if a person other than an individual, be fined not
more than $10,000,000.
``(B) Multiple offenses.--In the case of an offense by a
person under this paragraph that occurs after that person is
convicted of another offense under this paragraph, the person
convicted--
``(i) if an individual, shall be fined not more than
$8,000,000, imprisoned not more than 20 years, or both; and
``(ii) if other than an individual, shall be fined not more
than $20,000,000.''; and
(3) in paragraph (3)(B), as redesignated, by striking
``paragraph (1)'' and inserting ``paragraph (1) or (2)''.
SEC. 3. SENTENCING COMMISSION DIRECTIVE.
(a) Directive to Sentencing Commission.--Pursuant to its
authority under section 994(p) of title 28, United States
Code, and in accordance with this section, the United States
Sentencing Commission shall review and amend, if appropriate,
its guidelines and its policy statements applicable to
persons convicted of an offense under section
[[Page S7706]]
2320(a)(2) of title 18, United States Code, in order to
reflect the intent of Congress that such penalties be
increased in comparison to those currently provided by the
guidelines and policy statements.
(b) Requirements.--In carrying out this section, the
Commission shall--
(1) ensure that the sentencing guidelines and policy
statements reflect the intent of Congress that the guidelines
and policy statements reflect the serious nature of the
offenses described in subsection (a) and the need for an
effective deterrent and appropriate punishment to prevent
such offenses;
(2) consider the extent to which the guidelines may or may
not appropriately account for the potential and actual harm
to the public resulting from the offense;
(3) assure reasonable consistency with other relevant
directives and with other sentencing guidelines;
(4) account for any additional aggravating or mitigating
circumstances that might justify exceptions to the generally
applicable sentencing ranges;
(5) make any necessary conforming changes to the sentencing
guidelines; and
(6) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code.
______
By Mr. FRANKEN (for himself, Ms. Collins, and Ms. Mikulski):
S. 1892. A bill to protect the housing rights of victims of domestic
violence, dating violence, sexual assault, and stalking, and for other
purposes; to the Committee on Banking, Housing, and Urban Affairs.
Mr. FRANKEN. Mr. President, nobody should have to choose between
safety and shelter. Yet 48 percent of homeless women in Minnesota
previously had stayed in abusive situations because they did not have
safe housing options available to them. Twenty-nine percent of homeless
adult women in my State are fleeing domestic violence, and more than
half of those women are living with children. That simply is not
acceptable.
This problem is not unique to Minnesota. Far from it. National
studies establish an undeniable link between homelessness and domestic
and sexual violence. By one account, two in five women who experience
domestic violence will become homeless at some point in their lives.
Not surprisingly, once a woman becomes homeless, she becomes
vulnerable to further violence and exploitation. In fact, nine in ten
homeless women have experienced severe physical or sexual abuse. During
a hearing last week, the Executive Director of the Minnesota Indian
Women's Resource Center explained that perpetrators of sexual violence
often prey on homeless women.
Of course, we all know that this problem is not about statistics. It
is about the real people with real stories who are behind the numbers.
It is about the woman in California who was evicted for ``causing a
nuisance'' after the police responded to an incident of domestic
violence in her Low Income Housing Tax Credit unit--where she was the
victim.
It is about the mother of five in Florida who received a termination
notice after her ex-husband broke down her door and assaulted her. It
is about the 83-year-old woman in Minnesota who was threatened with
eviction from her Section 202 housing unit because of disturbances
caused by her abuser.
Though the link between homelessness and domestic and sexual violence
is undeniable, it is not unbreakable. Advocates across the country work
tirelessly to ensure that victims of domestic and sexual violence have
the shelter and support they need. Local law enforcement officials and
prosecutors are dedicated to ending the cycle of abuse and
homelessness. Property owners, too, often work with victims, advocates,
and local authorities to find solutions to the problem.
Here in Congress, we have made efforts to break the link between
domestic and sexual violence and homelessness as well. The 2005
Violence Against Women Act included important protections that made it
unlawful to deny someone housing assistance under certain federal
prorams just because the individual is a victim of domestic violence,
dating violence, or stalking. From conversations with experts in
Minnesota, I know that those protections have been invaluable.
The Violence Against Women Act is now up for reauthorization. That
occasion provides us an opportunity to build on the successes of the
2005 bill and to address its shortcomings. That is why today I have
introduced the Housing Rights for Victims of Domestic and Sexual
Violence Act. This bill is for every woman who has hesitated to call
the police to enforce a protective order because she was afraid that
she would be evicted if she did so. The bill rests on the simple
premise that a woman should not lose her home just because she is a
victim of domestic or sexual violence.
The Violence Against Women Act currently protects tenants of only two
federal housing programs--those provided under Sections 6 and 8 of the
U.S. Housing Act of 1937. These protections were an important first
step. But we can do better. A woman's rights should not depend on the
type of housing assistance she receives.
So my bill extends VAWA's housing protections to the Low Income
Housing Tax Credit program, the Rural Housing Services program, the
Housing Opportunities for Persons with AIDS program, the Section 811
Supportive Housing Program for persons with disabilities, and five
additional Federal housing programs. The Congressional Research Service
estimates that the bill will cover more than 4 million housing units
that are not included in existing law.
In addition, current law fails to secure housing rights for victims
of sexual assault. My bill fixes that problem. It makes it unlawful to
deny a woman federally assisted housing just because she is a victim of
sexual assault. As the National Alliance to End Sexual Violence
explains, too many victims become homeless as a result of sexual
assault, and, once homeless, they are further to sexual victimization.
My bill recognizes that victims of sexual assault require safe housing
just as do victims of domestic violence, dating violence, and
stalking--groups that already are covered by existing law.
My bill also takes an important new step toward ensuring that victims
of domestic and sexual violence do not end up on the streets. It
requires managers of federally supported housing units to adopt
emergency transfer policies for women who would be in imminent danger
were they to stay in their current homes. Under these policies, a
victim of domestic or sexual violence could move to safe, federally
subsidized housing unit instead of staying in harm's way.
I am proud to introduce this legislation with Senator Collins and
Senator Mikulski, both of whom are true champions of women's rights.
Both are advocates for victims of domestic and sexual vio1ence. In
2005, both cosponsored the Violenc Against Women Act reauthorization
bill. They were leaders in this area then, and they have stepped
forward to lead again today. I thank them for their help.
The Housing Rights for Victims of Domestic and Sexual Violence Act is
preventive, proven, and precedented.
It is preventive because it will keep women and children in their
homes at a time when they are vulnerable--when they need a roof over
their heads the most. It is no secret that shelters and transitional
housing programs are overextended. This legislation addresses a
victim's housing needs before she becomes homeless and requires those
services.
The protections contained in the bill are proven. Advocacy groups
from Minnesota and throughout the country--the people most familiar
with the problem--have weighed in on this bill. It already has been
endorsed by 23 organizations, including the National Network to End
Domestic Violence, the National Alliance to End Sexual Violence, the
National Women's Law Center, the National Housing Law Project, and the
National Low Income Housing Coalition.
The bill is unprecedented, too. We are not reinventing the wheel
here. The bill builds upon housing protections that were incduded in
the 2005 VAWA reauthorization bill, which passed the Senate with
unanimous consent and was signed into law by President George W. Bush.
Though many say the political climate here in Washington has changed
for the worse in the years since then, I am hopeful that the goals
underlying VAWA once again will transcend partisanship.
We have worked together to address the unique housing needs facing
domestic and sexual violence victims in the past. We need to do so
again today.
[[Page S7707]]
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1892
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 ``Housing Rights for Victims
of Domestic and Sexual Violence Act of 2011''.
SEC. 2. DENIAL OR TERMINATION OF ASSISTANCE AND EVICTION
PROTECTIONS.
(a) Amendment.--Subtitle N of the Violence Against Women
Act of 1994 (42 U.S.C. 14043e et seq.) is amended--
(1) by inserting after the subtitle heading the following:
``CHAPTER 1--GRANT PROGRAMS'';
(2) in section 41402 (42 U.S.C. 14043e-1), in the matter
preceding paragraph (1), by striking ``subtitle'' and
inserting ``chapter'';
(3) in section 41403 (42 U.S.C. 14043e-2), in the matter
preceding paragraph (1), by striking ``subtitle'' and
inserting ``chapter''; and
(4) by adding at the end the following:
``CHAPTER 2--HOUSING RIGHTS
``SEC. 41411. HOUSING RIGHTS FOR VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
``(a) Definitions.--In this chapter:
``(1) Appropriate agency.--The term `appropriate agency'
means, with respect to a covered housing program, the
Executive department (as defined in section 101 of title 5,
United States Code) that carries out the covered housing
program.
``(2) Covered housing program.--The term `covered housing
program' means--
``(A) the program under section 202 of the Housing Act of
1959 (12 U.S.C. 1701q);
``(B) the program under section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013);
``(C) the program under subtitle D of title VIII of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12901 et seq.);
``(D) the program under subtitle A of title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et
seq.);
``(E) the program under subtitle A of title II of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12741 et seq.);
``(F) the program under paragraph (3) of section 221(d) of
the National Housing Act (12 U.S.C. 1715l(d)) that bears
interest at a rate determined under the proviso under
paragraph (5) of such section 221(d);
``(G) the program under section 236 of the National Housing
Act (12 U.S.C. 1715z-1);
``(H) the programs under sections 8 and 9 of the United
States Housing Act of 1937 (42 U.S.C. 1437f and 1437g);
``(I) rural housing assistance provided under sections 514,
515, 516, 533, and 538 of the Housing Act of 1949 (42 U.S.C.
1484, 1485, 1486, 1490m, and 1490p-2); and
``(J) the low income housing tax credit program under
section 42 of the Internal Revenue Code of 1986.
``(3) Immediate family member.--The term `immediate family
member' means, with respect to an individual--
``(A) a spouse, parent, brother, sister, or child of that
individual, or an individual to whom such individual stands
in loco parentis;
``(B) any individual living in the household of such
individual who is related to such individual by blood or
marriage; or
``(C) any individual living in the household of such
individual who is related to such individual by affinity
whose close association or intimate relationship with such
individual is the equivalent of a family relationship.
``(b) Prohibited Basis for Denial or Termination of
Assistance or Eviction.--
``(1) In general.--An applicant for or tenant of housing
assisted under a covered housing program may not be denied
admission to, denied assistance under, terminated from
participation in, or evicted from the housing on the basis
that the applicant or tenant is or has been a victim of
domestic violence, dating violence, sexual assault, or
stalking, if the applicant or tenant otherwise qualifies for
admission, assistance, participation, or occupancy.
``(2) Construction of lease terms.--An incident of actual
or threatened domestic violence, dating violence, sexual
assault, or stalking shall not be construed as--
``(A) a serious or repeated violation of a lease for
housing assisted under a covered housing program by the
victim or threatened victim of such incident; or
``(B) good cause for terminating the assistance, tenancy,
or occupancy rights to housing assisted under a covered
housing program of the victim or threatened victim of such
incident.
``(3) Termination on the basis of criminal activity.--
``(A) Denial of assistance, tenancy, and occupancy rights
prohibited.--No person may deny assistance, tenancy, or
occupancy rights to housing assisted under a covered housing
program to a tenant solely on the basis of criminal activity
directly relating to domestic violence, dating violence,
sexual assault, or stalking that is engaged in by a member of
the household of the tenant or any guest or other person
under the control of the tenant, if the tenant or an
immediate family member of the tenant is the victim or
threatened victim of such domestic violence, dating violence,
sexual assault, or stalking.
``(B) Bifurcation.--
``(i) In general.--Notwithstanding subparagraph (A), an
owner or manager of housing assisted under a covered housing
program may bifurcate a lease for the housing in order to
evict, remove, or terminate assistance to any individual who
is a tenant or lawful occupant of the housing and who engages
in criminal activity directly relating to domestic violence,
dating violence, sexual assault, or stalking against an
immediate family member or other individual, without
evicting, removing, terminating assistance to, or otherwise
penalizing a victim of such criminal activity who is also a
tenant or lawful occupant of the housing.
``(ii) Effect of eviction on other tenants.--If an owner or
manager of housing assisted under a covered housing program
evicts, removes, or terminates assistance to an individual
under clause (i), and the individual is the sole tenant
eligible to receive assistance under a covered housing
program, the owner or manager of housing assisted under the
covered housing program shall provide any remaining tenant an
opportunity to establish eligibility for the covered housing
program. If a tenant described in the preceding sentence
cannot establish eligibility, the owner or manager of the
housing shall provide the tenant a reasonable time, as
determined by the appropriate agency, to find new housing or
to establish eligibility for housing under another covered
housing program.
``(C) Rule of construction.--Nothing in subparagraph (A)
shall be construed--
``(i) to limit the authority of an owner or manager of
housing assisted under a covered housing program, when
notified of a court order, to comply with a court order with
respect to--
``(I) the rights of access to or control of property,
including civil protection orders issued to protect a victim
of domestic violence, dating violence, sexual assault, or
stalking; or
``(II) the distribution or possession of property among
members of a household in a case;
``(ii) to limit any otherwise available authority of an
owner or manager of housing assisted under a covered housing
program to evict or terminate assistance to a tenant for any
violation of a lease not premised on the act of violence in
question against the tenant or an immediate family member of
the tenant, if the owner or manager does not subject an
individual who is or has been a victim of domestic violence,
dating violence, or stalking to a more demanding standard
than other tenants in determining whether to evict or
terminate;
``(iii) to limit the authority to terminate assistance to a
tenant or evict a tenant from housing assisted under a
covered housing program if the owner or manager of the
housing can demonstrate that an actual and imminent threat to
other tenants or individuals employed at or providing service
to the property would be present if the assistance is not
terminated or the tenant is not evicted; or
``(iv) to supersede any provision of any Federal, State, or
local law that provides greater protection than this section
for victims of domestic violence, dating violence, sexual
assault, or stalking.
``(c) Documentation.--
``(1) Request for documentation.--If an applicant for or
tenant of housing assisted under a covered housing program
represents to the owner or manager of the housing that the
individual is entitled to protection under subsection (b),
the owner or manager may request, in writing, that the tenant
submit to the owner or manager a form of documentation
described in paragraph (3).
``(2) Failure to provide certification.--If a tenant does
not provide the documentation requested under paragraph (1)
within 14 business days after the tenant receives a request
in writing for such certification from the owner or manager
of the housing, nothing in this chapter may be construed to
limit the authority of the owner or manager to evict any
tenant or lawful occupant that commits violations of a lease.
The owner or manager of the housing may extend the 14-day
deadline at its discretion.
``(3) Form of documentation.--A form of documentation
described in this paragraph is--
``(A) a certification form approved by the appropriate
agency that--
``(i) states that an applicant or tenant is a victim of
domestic violence, dating violence, sexual assault, or
stalking;
``(ii) states that the incident of domestic violence,
dating violence, sexual assault, or stalking that is the
ground for protection under subsection (b) meets the
requirements under subsection (b); and
``(iii) at the option of the applicant or tenant, includes
the name of the individual who committed the domestic
violence, dating violence, sexual assault, or stalking;
``(B) a document that--
``(i) is signed by--
``(I) an employee, agent, or volunteer of a victim service
provider, an attorney, a medical professional, or a mental
health professional from whom an applicant or tenant has
sought assistance relating to domestic violence, dating
violence, sexual assault, or stalking, or the effects of the
abuse; and
``(II) the applicant or tenant; and
``(ii) states under penalty of perjury that the individual
described in clause (i)(I) believes that the incident of
domestic violence, dating violence, sexual assault, or
stalking
[[Page S7708]]
that is the ground for protection under subsection (b) meets
the requirements under subsection (b);
``(C) a record of a Federal, State, tribal, territorial, or
local law enforcement agency, court, or administrative
agency; or
``(D) at the discretion of an owner or manager of housing
assisted under a covered housing program, a statement or
other evidence provided by an applicant or tenant.
``(4) Confidentiality.--Any information submitted to an
owner or manager under this subsection, including the fact
that an individual is a victim of domestic violence, dating
violence, sexual assault, or stalking shall be maintained in
confidence by the owner or manager and may not be entered
into any shared database or disclosed to any other entity or
individual, except to the extent that the disclosure is--
``(A) requested or consented to by the individual in
writing;
``(B) required for use in an eviction proceeding under
subsection (b); or
``(C) otherwise required by applicable law.
``(5) Documentation not required.--Nothing in this
subsection shall be construed to require an owner or manager
of housing assisted under a covered housing program to
request that an individual submit documentation of the status
of the individual as a victim of domestic violence, dating
violence, sexual assault, or stalking.
``(6) Compliance not sufficient to constitute evidence of
unreasonable act.--Compliance with subsection (b) by an owner
or manager of housing assisted under a covered housing
program based on documentation received under this subsection
shall not be sufficient to constitute evidence of an
unreasonable act or omission by the owner or manager or an
employee or agent of the owner or manager. Nothing in this
paragraph shall be construed to limit the liability of an
owner or manager of housing assisted under a covered housing
program for failure to comply with subsection (b).
``(7) Preemption.--Nothing in this subsection shall be
construed to supersede any provision of any Federal, State,
or local law that provides greater protection than this
subsection for victims of domestic violence, dating violence,
sexual assault, or stalking.
``(d) Notification.--Each owner or manager of housing
assisted under a covered housing program shall provide to
each applicant for or tenant of such housing notice of the
rights of individuals under this section, including the right
to confidentiality and the limits thereof, together with the
form described in subsection (c)(3)(A)--
``(1) at the time the individual applies to live in a
dwelling unit assisted under the covered housing program;
``(2) at the time the individual is admitted to a dwelling
unit assisted under the covered housing program;
``(3) with any notification of eviction or notification of
termination of assistance;
``(4) in multiple languages, consistent with guidance
issued by the Secretary of Housing and Urban Development in
accordance with Executive Order 13166 (42 U.S.C. 2000d-1
note; relating to access to services for persons with limited
English proficiency); and
``(5) by posting the notification in a public area of such
housing.
``(e) Emergency Transfers.--Notwithstanding any other
provision of law, each owner or manager of housing assisted
under a covered program shall adopt an emergency transfer
policy for tenants who are victims of domestic violence,
dating violence, sexual assault, or stalking that--
``(1) allows tenants who are victims of domestic violence,
dating violence, sexual assault, or stalking to transfer to
another available and safe dwelling unit assisted under a
covered housing program if--
``(A) the tenant expressly requests the transfer; and
``(B)(i) the tenant reasonably believes that the tenant is
threatened with imminent harm from further violence if the
tenant remains within the same dwelling unit assisted under a
covered housing program; or
``(ii) in the case of a tenant who is a victim of sexual
assault, the sexual assault occurred on the premises during
the 90 day period preceding the request for transfer; and
``(2) incorporates reasonable confidentiality measures to
ensure that the owner or manager does not disclose the
location of the dwelling unit of a tenant to a person that
commits an act of domestic violence, dating violence, sexual
assault, or stalking against the tenant.
``(f) Policies and Procedures for Emergency Transfer.--The
Secretary of Housing and Urban Development shall establish
policies and procedures under which a victim requesting an
emergency transfer under subsection (e) may receive, subject
to the availability of tenant protection vouchers, assistance
under section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)).
``(g) Implementation.--The appropriate agency with respect
to each covered housing program shall implement this section,
as this section applies to the covered housing program.''.
(b) Conforming Amendments.--
(1) Section 6.--Section 6 of the United States Housing Act
of 1937 (42 U.S.C. 1437d) is amended--
(A) in subsection (c)--
(i) by striking paragraph (3); and
(ii) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively;
(B) in subsection (l)--
(i) in paragraph (5), by striking ``, and that an incident
or incidents of actual or threatened domestic violence,
dating violence, or stalking will not be construed as a
serious or repeated violation of the lease by the victim or
threatened victim of that violence and will not be good cause
for terminating the tenancy or occupancy rights of the victim
of such violence''; and
(ii) in paragraph (6), by striking ``; except that'' and
all that follows through ``stalking.''; and
(C) by striking subsection (u).
(2) Section 8.--Section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f) is amended--
(A) in subsection (c), by striking paragraph (9);
(B) in subsection (d)(1)--
(i) in subparagraph (A), by striking ``and that an
applicant or participant is or has been a victim of domestic
violence, dating violence, or stalking is not an appropriate
basis for denial of program assistance or for denial of
admission if the applicant otherwise qualifies for assistance
or admission''; and
(ii) in subparagraph (B)--
(I) in clause (ii), by striking ``, and that an incident or
incidents of actual or threatened domestic violence, dating
violence, or stalking will not be construed as a serious or
repeated violation of the lease by the victim or threatened
victim of that violence and will not be good cause for
terminating the tenancy or occupancy rights of the victim of
such violence''; and
(II) in clause (iii), by striking ``, except that:'' and
all that follows through ``stalking.'';
(C) in subsection (f)--
(i) in paragraph (6), by adding ``and'' at the end;
(ii) in paragraph (7), by striking the semicolon at the end
and inserting a period; and
(iii) by striking paragraphs (8), (9), (10), and (11);
(D) in subsection (o)--
(i) in paragraph (6)(B), by striking the last sentence;
(ii) in paragraph (7)--
(I) in subparagraph (C), by striking ``and that an incident
or incidents of actual or threatened domestic violence,
dating violence, or stalking shall not be construed as a
serious or repeated violation of the lease by the victim or
threatened victim of that violence and shall not be good
cause for terminating the tenancy or occupancy rights of the
victim of such violence''; and
(II) in subparagraph (D), by striking ``; except that'' and
all that follows through ``stalking.''; and
(iii) by striking paragraph (20);
(E) by striking subsection (ee).
(3) Rule of construction.--Nothing in this Act, or the
amendments made by this Act, shall be construed--
(A) to limit the rights or remedies available to any person
under section 6 or 8 of the United States Housing Act of 1937
(42 U.S.C. 1437d and 1437f), as in effect on the day before
the date of enactment of this Act; or
(B) to limit any right, remedy, or procedure otherwise
available under any provision of part 5, 91, 880, 882, 883,
884, 886, 891, 903, 960, 966, 982, or 983 of title 24, Code
of Federal Regulations, that--
(i) was issued under the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109-162; 119 Stat. 2960) or an amendment made by that Act;
and
(ii) provides greater protection for victims of domestic
violence, dating violence, sexual assault, and stalking than
this Act.
______
By Mr. REED:
S. 1893. A bill to amend titles 5, 10, and 32, United States Code, to
eliminate inequities in the treatment of National Guard technicians, to
reduce the eligibility age for retirement for non-Regular service, and
for other purposes; to the Committee on Armed Services.
Mr. REED. Mr. President, today I introduce the National Guard
Technician Equity Act to correct inconsistencies in the dual-status
technician program.
Over 48,000 National Guard dual-status technicians serve our Nation.
They are a distinct group of workers, as civilians, they work for the
reserve components, performing administrative duties, providing
training, and maintaining and repairing equipment. However, as a
condition of their civilian position, they are also required to
maintain military status, attending weekend drills and annual training,
deploying to Iraq and Afghanistan, and responding to domestic disasters
and emergencies, thereby creating their ``dual-status.''
Because of their unique position, dual-status technicians are caught
between the provisions that govern the federal civilian workforce and
the military in numerous ways. First, under existing law, a dual-status
technician who is no longer fit for military duty must be fired from
their technician position, even if they are still fully capable of
performing their civilian duties. This bill would give technicians the
option of remaining in their civilian position if they have 20 years of
service as
[[Page S7709]]
a dual-status technician. This way we will retain the experience and
skills of these dedicated employees.
Second, dual-status technicians do not have the same appeal rights as
most other federal employees, including those civilians in other
Department of Defense positions. Federal employees who are covered by a
collective bargaining agreement have the right to file a grievance and
proceed to arbitration, or file a case with the Merit Systems
Protection Board, MSPB, a neutral Federal agency. Dual-status
technicians may appeal to the Adjutant General in their state, but not
to any neutral third party. This bill would allow them to also appeal
to the MSPB for grievances unrelated to their military service.
Third, most reserve component members are able to obtain health care
coverage through the TRICARE Reserve Select program. However, dual-
status technicians are ineligible, despite their mandatory military
status and reserve service, because they can participate in the Federal
Employees Health Benefit Program, FEHBP. FEHBP plans can be more
expensive than TRICARE Reserve Select, thereby adding costs and
limiting health care options for these Guard technicians. My
legislation simply calls for the Department of Defense to study the
feasibility of converting the coverage for National Guard dual-status
technicians from FEHBP to TRICARE Reserve Select.
The National Guard Technician Equity Act also corrects other
inconsistencies by providing greater civilian and military retirement
parity, providing eligibility to retain certain military bonuses and
benefits, and increasing leave time for required military training.
I urge my colleagues to support and cosponsor the National Guard
Technician Equity Act. I will also be working to include provisions of
this bill in the National Defense Authorization Act, which the Senate
has begun to consider, and I hope my colleagues can work together on
this effort.
Mr. President, I ask unanimous consent that this bill be printed in
the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1893
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 ``National Guard Technician
Equity Act''.
SEC. 2. TITLES 10 AND 32, UNITED STATES CODE, AMENDMENTS
REGARDING NATIONAL GUARD TECHNICIANS AND
RELATED PROVISIONS.
(a) Authority To Employ Technician as Non-Dual Status
Technician After 20 Years of Creditable Service.--Subsection
(c) of section 709 of title 32, United States Code, is
amended to read as follows:
``(c) A person shall have the right to be employed under
subsection (a) as a non-dual status technician (as defined by
section 10217 of title 10) if--
``(1) the technician position occupied by the person has
been designated by the Secretary concerned to be filled only
by a non-dual status technician; or
``(2) the person occupying the technician position has at
least 20 years of creditable service as a military technician
(dual status).''.
(b) Exception to Dual-Status Employment Condition of
Membership in Selected Reserve.--Section 10216 of title 10,
United States Code, is amended--
(1) in subsection (a)(1)(B), by inserting ``subject to
subsection (d),'' before ``is required''; and
(2) in subsection (d)(1), by striking ``Unless specifically
exempted by law'' and inserting ``Except as provided in
section 709(c)(2) of title 32 or as otherwise specifically
exempted by law''.
(c) Continued Compensation After Loss of Membership in
Selected Reserve.--Subsection (e) of section 10216 of title
10, United States Code, is amended to read as follows:
``(e) Continued Compensation After Loss of Membership in
Selected Reserve.--Funds appropriated for the Department of
Defense may continue to be used to provide compensation to a
military technician who was hired as a military technician
(dual status), but who is no longer a member of the Selected
Reserve.''.
(d) Repeal of Permanent Limitations on Number of Non-Dual
Status Technicians.--Section 10217 of title 10, United States
Code, is amended by striking subsection (c).
(e) Technician Restricted Right of Appeal and Adverse
Actions Covered.--
(1) Rights of grievance, arbitration, appeal, and review
beyond ag.--Section 709 of title 32, United States Code, is
amended--
(A) in subsection (f)--
(i) in the matter preceding paragraph (1), by striking
``Notwithstanding any other provision of law and under'' and
inserting ``Under''; and
(ii) in paragraph (4), by striking ``a right of appeal''
and inserting ``subject to subsection (j), a right of
appeal''; and
(B) by adding at the end the following new subsection:
``(j)(1) Notwithstanding subsection (f)(4) or any other
provision of law, a technician and a labor organization that
is the exclusive representative of a bargaining unit
including the technician shall have the rights of grievance,
arbitration, appeal, and review extending beyond the adjutant
general of the jurisdiction concerned and to the Merit
Systems Protection Board and thereafter to the United States
Court of Appeals for the Federal Circuit, in the same manner
as provided in sections 4303, 7121, and 7701-7703 of title 5,
with respect to a performance-based or adverse action
imposing removal, suspension for more than 14 days, furlough
for 30 days or less, or reduction in pay or pay band (or
comparable reduction).
``(2) This subsection does not apply to a technician who is
serving under a temporary appointment or in a trial or
probationary period.''.
(2) Adverse actions covered.--Section 709(g) of title 32,
United States Code, is amended by striking ``7511, and
7512''.
(3) Conforming amendment.--Section 7511(b) of title 5,
United States Code, is amended--
(A) by striking paragraph (5); and
(B) by redesignating paragraphs (6) through (10) as
paragraphs (5) through (9), respectively.
(f) Technician Seniority Rights During RIF.--Subsection (g)
of section 709 of title 32, United States Code, as amended by
subsection (e)(2), is amended to read as follows:
``(g) Section 2108 of title 5 does not apply to a person
employed under this section.''.
(g) Availability of Certain Enlistment, Reenlistment, and
Student Loan Benefits for Military Technicians.--Section
10216 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(h) Eligibility for Bonuses and Other Benefits.--(1) If
an individual becomes employed as a military technician (dual
status) while the individual is already a member of a reserve
component, the Secretary concerned may not require the
individual to repay any enlistment, reenlistment, or
affiliation bonus provided to the individual in connection
with the individual's enlistment or reenlistment before such
employment.
``(2) Even though an individual employed as a military
technician (dual status) is required as a condition of that
employment to maintain membership in the Selected Reserve,
the individual shall not be precluded from receiving an
enlistment, reenlistment, or affiliation bonus nor be denied
the opportunity to participate in an educational loan
repayment program under chapter 1609 of this title as an
additional incentive for the individual to accept and
maintain such membership''.
(h) Repeal of Prohibition Against Overtime Pay for National
Guard Technicians.--Section 709(h) of title 32, United States
Code, is amended by striking the second sentence and
inserting the following new sentence: ``The Secretary
concerned shall pay a technician for irregular or overtime
work at a rate equal to one and one-half times the rate of
basic pay applicable to the technician, except that, at the
request of the technician, the Secretary may grant the
technician, instead of such pay, an amount of compensatory
time off from the technician's scheduled tour of duty equal
to the amount of time spent in such irregular or overtime
work.''.
SEC. 3. TITLE 5, UNITED STATES CODE, AMENDMENTS REGARDING
NATIONAL GUARD TECHNICIANS AND RELATED
PROVISIONS.
(a) Lowering Retirement Age.--
(1) Amendment to fers.--Subsection (c) of section 8414 of
title 5, United States Code, is amended to read as follows:
``(c)(1) Under the circumstances described in paragraph
(2), an employee who is separated from service as a military
technician (dual status) is entitled to an annuity if the
separation is by reason of either--
``(A) separating from the Selected Reserve; or
``(B) ceasing to hold the military grade specified by the
Secretary concerned for the position involved.
``(2) Except as provided in paragraph (3), paragraph (1)
applies to a military technician (dual status) who is
separated--
``(A) after completing 25 years of service as such a
technician, or
``(B) after becoming 50 years of age and completing 20
years of service as such a technician.
``(3) Paragraph (1) does not apply if separation or removal
is for cause on charges of misconduct or delinquency.''.
(2) Amendment to csrs.--Section 8336 of title 5, United
States Code, is amended by adding at the end the following
new subsection:
``(q)(1) Under the circumstances described in paragraph
(2), an employee who is separated from service as a military
technician (dual status) is entitled to an annuity if the
separation is by reason of either--
``(A) separating from the Selected Reserve; or
``(B) ceasing to hold the military grade specified by the
Secretary concerned for the position involved.
``(2) Except as provided in paragraph (3), paragraph (1)
applies to a military technician (dual status) who is
separated--
[[Page S7710]]
``(A) after completing 25 years of service as such a
technician, or
``(B) after becoming 50 years of age and completing 20
years of service as such a technician.
``(3) Paragraph (1) does not apply if separation or removal
is for cause on charges of misconduct or delinquency.''.
(b) Adequate Leave Time for Military Activations.--Section
6323(a)(1) of title 5, United States Code, is amended by
striking the last sentence and inserting the following new
sentence: ``Leave under this subsection accrues for an
employee or individual at the rate of 30 days per fiscal year
and, to the extent that such leave is not used by the
employee or individual during the fiscal year accrued,
accumulates without limitation for use in succeeding fiscal
years.''.
(c) Improved Health Care Benefits.--
(1) FEHBP changes.--Subparagraph (B) of section 8906(e)(3)
of title 5, United States Code, is amended to read as
follows:
``(B) An employee referred to in subparagraph (A) is an
employee who--
``(i) is enrolled in a health benefits plan under this
chapter;
``(ii) is a member of a reserve component of the Armed
Forces;
``(iii) is placed on leave without pay or separated from
service to perform the active duty or other duties described
in clause (iv); and
``(iv) is called or ordered to--
``(I) active duty in support of a contingency operation (as
defined in section 101(a)(13) of title 10);
``(II) active duty for a period of more than 30 consecutive
days;
``(III) active duty under section 12406 of title 10;
``(IV) perform training or other duties described under
paragraph (1) or (2) of section 502(f) of title 32; or
``(V) while not in Federal service, perform duties related
to an emergency declared by the chief executive of a State,
the District of Columbia, the Commonwealth of Puerto Rico, or
a territory or possession of the United States.''.
(2) Study and report.--
(A) In general.--Within 6 months after the date of the
enactment of this Act, the Secretary of Defense and the
Director of the Office of Personnel Management shall jointly
conduct a study and submit to Congress a report--
(i) evaluating the feasibility of converting military
technicians from FEHBP coverage to coverage provided under
the TRICARE or TRICARE Reserve Select program (or both); and
(ii) identifying any problems associated with the
conversion of military technicians from FEHBP coverage to
coverage provided under chapter 55 of title 10, United States
Code, during contingency operations.
(B) Definitions.--For purposes of this subsection--
(i) the term ``FEHBP coverage'' means coverage provided
under chapter 89 of title 5, United States Code; and
(ii) the term ``contingency operation'' has the meaning
given that term in section 101(a)(13) of title 10, United
States Code.
SEC. 4. REDUCTION IN ELIGIBILITY AGE FOR RETIREMENT FOR NON-
REGULAR SERVICE.
Section 12731(f) of title 10, United States Code, is
amended by striking ``60 years of age'' both places it
appears and inserting ``55 years of age''.
______
By Mr. SCHUMER (for himself, Mr. Whitehouse, Mr. Graham, Mr. Kyl,
Mr. Hatch, and Mr. Cornyn):
S. 1894. A bill to deter terrorism, provide justice for victims, and
for other purposes, to the Committee on the Judiciary.
Mr. SCHUMER. Mr. President, I rise today to introduce the Justice
Against Sponsors of Terrorism Act, or JASTA. JASTA is a bipartisan
effort to make modest changes to the Foreign Sovereign Immunities Act,
or FSIA, and the Anti-Terrorism Act, or ATA, in order to ensure that
the victims of terrorism in the United States can hold the foreign
sponsors of that terrorism to account in American courts.
I am especially proud to be introducing this measure with such a
bipartisan and diverse group of Judiciary Committee colleagues: Myself
and Senator Whitehouse on the Democratic side, and Senators Graham,
Hatch, Kyl, and Cornyn on the Republican side.
This legislation has become necessary due to flawed court decisions
that have deprived the victims of terrorism on American soil, including
those injured by the terrorist attacks of September 11, 2001, of their
day in court. Unfortunately, and contrary to the clear intent of
Congress, some courts have concluded that Americans who were injured
due to terrorist attacks in the United States have no recourse against
the foreign states that sponsor those attacks. This conclusion is
contrary to the plain language of the FSIA and ATA, and it is bad
policy.
Let me explain the legal background. Originally passed in 1976, the
FSIA abrogates the sovereign immunity of foreign countries and permits
suit against them in Federal court when, among other things, a foreign
country or its instrumentalities commit a tort that results in injury
on our soil, this is known as the ``tort exception'' to the FSIA. In
addition, the ATA authorizes suit in Federal court by any U.S. national
injured ``by reason of an act of international terrorism'' and permits
the recovery of damages in U.S. courts.
Thus, taken together, the FSIA and ATA were designed to enable
terrorism victims to bring suit against foreign states and terror
sponsors when they support terrorism against the United States. I am
introducing this bill because I want the survivors of the 9/11 tragedy
to have their day in court--and they were deprived of this by a court
ruling that contorted the language and purpose of the FSIA and the ATA.
As we all know, nearly 3,000 innocent victims died that day, and the
Nation suffered $10 billion in property and other commercial damage
alone--all at the hands of al-Qaeda and its funders.
In 2002, these plaintiffs sued, among other defendants, the Kingdom
of Saudi Arabia, several Saudi officials, and a purported charity under
the control of the Kingdom known as the Saudi High Commission for
Relief of Bosnia and Herzegovina. Substantial evidence establishes that
these defendants had provided funding and sponsorship to al-Qaeda
without which it could not have carried out the attacks.
But the Second Circuit threw out this case, based on two flawed
conclusions. First, the court ruled that the tort exception to the FSIA
did not apply, and barred their case because the Saudi entities and
individuals were not on the State Department's list. Second, the court
ruled that there was no personal jurisdiction over the Saudis because
while they certainly could ``foresee'' that their support would lead to
terrorist acts, they did not ``direct'' the terrorist acts. There is
another reason that I am introducing this bill. I am introducing this
bill because we need to cut off the flow of money to terrorists by
shutting down the reservoir--not just turning off the faucet. We need
to use every tool at our disposal to hit terrorism at its very root,
including the United States Federal courts.
You don't have to take my word for it. This focus on terrorist
financing channels has been a major national security priority since
the September 11 attacks. As the Treasury Department's former Under
Secretary for Terrorism and Financial Intelligence has observed, ``the
terrorist operative who is willing to strap on a suicide belt is not
susceptible to deterrence, but the individual donor who wants to
support violent jihad may well be,'' Testimony of Stuart Levey, Under
Secretary for Terrorism and Financial Intelligence, before the Senate
Committee on Finance, April 1, 2008.
It should be clear that the public interest is served when American
citizens have the right to seek compensation for their injuries and
that this right serves a dual purpose of deterring bad conduct. Yet we
are here today introducing this bill, JASTA, because the courts have
misconstrued our statutes.
Before closing, let me address one concern I have heard that deserves
a response. There are those who worry that restoring Americans' right
to bring these suits will interfere with our foreign affairs. I simply
do not think that is the case. First of all, if Americans have been
injured in the United States by foreign terrorism, they have the right
to seek redress. But it is also important to remember that this law
does not prevent the Executive Branch from espousing claims brought by
Americans against foreign states and settling them through an executive
agreement. This is an executive authority that has been recognized and
utilized going back to the administration of George Washington, and
nothing in JASTA interferes with it. Nothing in this act would
interfere with the execution of our foreign policy.
To conclude, JASTA will restore the rights of the victims of
terrorism and deter international terrorist financing, and it will have
the related benefit of enabling the victims of the September 11 Attacks
to proceed with their case, as Congress had intended. It does so
without in any way threatening sensitive National security or
diplomatic priorities of the nation. In fact, it makes the Nation
stronger.
[[Page S7711]]
I urge my colleagues to support these modest, but critical,
amendments.
______
By Mr. CASEY:
S. 1897. A bill to amend Public Law 101-377 to revise the boundaries
of the Gettysburg National Military Park to include the Gettysburg
Train Station, and for other purposes, to the Committee on Energy and
Natural Resources.
Mr. CASEY. Mr. President, this Saturday, November 19, marks the 148
Anniversary of the Gettysburg Address. In this address, President
Abraham Lincoln famously said, ``The world will little note nor long
remember what we say here, but it can never forget what they did here.
It is for us the living rather to be dedicated here to the unfinished
work which they who fought here have thus far so nobly advanced. It is
rather for us to be here dedicated to the great task remaining before
us--that from these honored dead we take increased devotion to that
cause for which they gave the last full measure of devotion--that we
here highly resolve that these dead shall not have died in vain, that
this nation under God shall have a new birth of freedom, and that
government of the people, by the people, for the people shall not
perish from the earth.''
In advance of this important historic occasion, I am introducing the
Gettysburg National Military Park Expansion Act. If enacted, this
legislation would expand the boundaries of Gettysburg National Military
Park to include the historic Gettysburg Railroad Station and an
additional 45 acres of land at the southern end of the battlefield.
Through these acquisitions, the between 1.5 to 3 million people that
visit Gettysburg each year will enjoy a more complete experience.
Passage of this legislation is very important, especially right now as
the Park prepares for the 150 Anniversary of the Battle of Gettysburg.
The Gettysburg Railroad Station, which is also known as the Lincoln
Train Station, is located in downtown Gettysburg, Pennsylvania. It was
built in 1858 and is listed in the National Register of Historic
Places. During the Battle of Gettysburg, the building served as a train
station to transport thousands of troops and also as a hospital.
Perhaps more important historically, this station was the site to which
President Lincoln arrived on the day before he delivered the Gettysburg
Address in 1863. This station is currently operated by the National
Trust for Historic Gettysburg and is open to the public year round. It
also serves as the home to the Pennsylvania Abraham Lincoln
Bicentennial Commission, which organized and held events in 2009 to
commemorate the 200th anniversary of Lincoln's birth. The station was
renovated in 2006 using state grant money to serve as an information
and orientation center, but currently does not serve as such because of
a lack of funds to manage its day-to-day operations. The Gettysburg
Borough Council voted in 2008 to transfer the station to the National
Park Service so that it could be used as a visitor center for tourists
coming to the Gettysburg area.
The Gettysburg National Military Park Expansion Act would also expand
the boundary of the Gettysburg National Military Park to include 45
acres of land at the southern end of the battlefield. This area is both
historically and environmentally significant. It was where cavalry
skirmishes during the Battle for Gettysburg occurred and is also home
to wetlands and wildlife habitat related to the Plum Run stream that
runs through the National Park. The forty five acres were donated in
April of 2009 and as a result no federal funding or land acquisition
would be required to obtain the property and incorporate it into the
National Park.
The Gettysburg National Military Park Expansion Act would help
preserve different sites that are historically significant while
protecting the environment. The Civil War was a monumental moment in
our Nation's history and because of this we must take steps to preserve
the area's historical sites.
______
By Mr. KIRK (for himself and Mr. Durbin):
S. 1902. A bill to authorize the Secretary of the Interior to conduct
a special resource study of the archeological site and surrounding land
of the New Philadelphia town site in the State of Illinois, and for
other purposes; to the Committee on Energy and Natural Resources.
Mr. KIRK. Mr. President, today I am pleased to join with Senator
Durbin to introduce a bill in support of New Philadelphia, the first
town founded by a freed African-American. This bipartisan legislation
would initiate a feasibility study in order to determine whether or not
this area should be designated as a unit of the National Park System.
The town of New Philadelphia, Illinois, established in 1836, became
the first known town platted and officially registered by an African-
American prior to the Civil War. New Philadelphia became a place where
European Americans, free-born African-Americans, and formerly enslaved
individuals could live together in community during a time of intense
racial strife that transpired before, during, and after the Civil War.
Frank McWorter, the founder of New Philadelphia and a former slave
himself, saved money from neighboring labor jobs to purchase his own
freedom and the freedom of fifteen other family members. Subsequently,
Mr. McWorter purchased a sparse plot of land between the Illinois and
Mississippi Rivers in Pike County, Illinois to establish the town of
New Philadelphia, which also became a station along the Underground
Railroad.
In 2005, the town of New Philadelphia is designated a National
Historic Place and more recently, it was designated a National Historic
Landmark in 2009. Being designated a unit of the National Park System
will preserve the historical significance of New Philadelphia and allow
its legacy to continue to inspire current and future generations to
understand the struggle for freedom and opportunity.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1902
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 ``New Philadelphia, Illinois,
Study Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Frank McWorter, an enslaved man, bought his freedom and
the freedom of 15 family members by mining for crude niter in
Kentucky caves and processing the mined material into
saltpeter;
(2) New Philadelphia, founded in 1836 by Frank McWorter,
was the first town planned and legally registered by a free
African-American before the Civil War;
(3) the first railroad constructed in the area of New
Philadelphia bypassed New Philadelphia, which led to the
decline of New Philadelphia; and
(4) the New Philadelphia site--
(A) is a registered National Historic Landmark;
(B) is covered by farmland; and
(C) does not contain any original buildings of the town or
the McWorter farm and home that are visible above ground.
SEC. 3. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Study area.--The term ``Study Area'' means the New
Philadelphia archeological site and the surrounding land in
the State of Illinois.
SEC. 4. SPECIAL RESOURCE STUDY.
(a) Study.--The Secretary shall conduct a special resource
study of the Study Area.
(b) Contents.--In conducting the study under subsection
(a), the Secretary shall--
(1) evaluate the national significance of the Study Area;
(2) determine the suitability and feasibility of
designating the Study Area as a unit of the National Park
System;
(3) consider other alternatives for preservation,
protection, and interpretation of the Study Area by--
(A) Federal, State, or local governmental entities; or
(B) private and nonprofit organizations;
(4) consult with--
(A) interested Federal, State, or local governmental
entities;
(B) private and nonprofit organizations; or
(C) any other interested individuals; and
(5) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives considered under paragraph
(3).
(c) Applicable Law.--The study required under subsection
(a) shall be conducted in accordance with section 8 of Public
Law 91-383 (16 U.S.C. 1a-5).
(d) Report.--Not later than 3 years after the date on which
funds are first made available for the study under subsection
(a), the
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Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report containing--
(1) the results of the study; and
(2) any conclusions and recommendations of the Secretary.
(e) Funding.--The study authorized under this section shall
be carried out using existing funds of the National Park
Service.
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