[Congressional Record Volume 158, Number 110 (Monday, July 23, 2012)]
[Senate]
[Pages S5259-S5263]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. REED (for himself and Mr. Grassley):
  S. 3416. A bill to enhance civil penalties under the Federal 
securities laws, and for other purposes; to the Committee on Banking, 
Housing, and Urban Affairs.
  Mr. REED. Today I am introducing bipartisan legislation to address a 
matter that I explored as chairman of the Banking Subcommittee on 
Securities, Insurance, and Investment. During a series of hearings, it 
became increasingly clear to me that in order to protect taxpayers and 
investors, we need tougher anti-fraud laws and better oversight of Wall 
Street. Some of these institutions that are ``too big to fail'' have 
also become ``too big to care.'' We need to end the cycle of misconduct 
where such institutions can look at the bottom line and see they can 
break the law, get caught, pay a nominal fine, and still profit.
  At a Securities and Exchange Commission, SEC, oversight hearing I 
held in November 2011, I asked Robert Khuzami, director of the Division 
of Enforcement at the SEC, why a recently proposed settlement with 
Citigroup had been thrown out by a Federal judge in the Southern 
District of New York, who believed it to be egregiously low. Mr. 
Khuzami replied that the SEC's ability to assess penalties was actually 
limited by the statute. In follow-up questions, I directly asked if 
Congress should consider raising these limits, especially in cases 
involving repeated offenders. I subsequently received a letter from SEC 
Chairman Schapiro, and written answers from Mr. Khuzami, supporting the 
need to raise the limits and make other improvements to the SEC civil 
enforcement statute.
  As a result, I am introducing today with my colleague, Senator Chuck 
Grassley, the Stronger Enforcement of Civil Penalties Act of 2012 or 
the SEC Penalties Act. This bill will strengthen the ability of the SEC 
to crack down on violations of securities laws by updating its civil 
penalties statute. This legislation will ensure that the punishment 
better fits the crime by increasing the statutory limits on civil 
monetary penalties, directly linking the size of these penalties to the 
scope of harm and associated investor losses, and substantially raising 
the financial stakes for repeat offenders of our nation's securities 
laws.
  Our bill will increase the per violation cap for the most egregious 
securities laws violations to $1 million per offense for individuals 
and $10 million per offense for entities. This will help ensure that 
the SEC's most severe, or ``tier three,'' penalties will help deter 
people from engaging in the most serious offenses, rather than have 
such wrongdoing be viewed as just the cost of doing business. Under 
existing law, the SEC can only penalize individual securities law 
violators a maximum of $150,000 per offense and institutions $725,000 
per offense.
  Our bill will also toughen penalties by allowing penalties equal to 
three times the economic gain of the violator. It also provides a new 
calculation method that includes the amount of associated investor 
losses as part of the penalty determination. This should allow the SEC 
to address situations where the actual economic gain to the violator is 
relatively small compared to the extent of the wrongdoing or the harm 
caused to investors.
  In the recent case involving Citigroup, existing law did not even 
entitle the SEC to recover the amount actually lost by investors. 
Estimated investors losses were about $700 million, but the SEC 
proposed to settle the case with Citigroup for only $285 million. This 
amount was what was estimated to be close to the total monetary 
recovery that the SEC itself could have obtained if it had gone to 
trial. Under our bill, this amount could have been much larger, and 
would have taken into account the economic gain to Citigroup, in 
addition to investor losses.
  Recent reports have highlighted the level of repeat offenses that 
have occurred on Wall Street and gone unchecked. The SEC Penalties Act 
includes two statutory changes that would substantially improve the 
ability of the SEC's enforcement program to ratchet up penalties as 
recidivism occurs.
  One would allow the SEC to triple the applicable penalty cap for 
recidivists who, within the preceding five years, have been criminally 
convicted of securities fraud or been the subject of a judgment or 
order imposing monetary, equitable, or administrative relief in any 
action alleging SEC fraud.
  The other would allow the SEC to seek a civil penalty if an 
individual or entity has violated an existing federal court injunction 
or bar imposed by the SEC. Many believe this approach would be more 
efficient, effective, and flexible than the current civil contempt 
remedy.
  Finally, under the SEC Penalties Act, the penalty relief available in 
administrative proceedings will be the same as it is in district court. 
In essence, the SEC will be able to assess these types of penalties in-
house, and not just obtain them in federal court.
  Given the JP Morgan trading scandal, issues arising from the Facebook 
IPO, and the manipulation of LIBOR, it

[[Page S5260]]

is clear much still needs to be done to improve transparency and 
restore confidence in our financial system. The nearly one-half of all 
U.S. households that own securities deserve a strong cop on the beat 
that has the tools it needs to go after fraudsters and the difficult 
cases arising from our increasingly complex financial markets. Our 
economy's success depends in no small part on restoring confidence in 
our capital markets.
  The SEC Penalties Act will help by giving the SEC more tools to 
demand meaningful accountability from Wall Street. It will enhance the 
SEC's ability to protect investors and crack down on fraud and I urge 
my colleagues to cosponsor and join us in supporting this important 
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. 3416

       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 ``Stronger Enforcement of 
     Civil Penalties Act of 2012''.

     SEC. 2. UPDATED CIVIL MONEY PENALTIES FOR SECURITIES LAWS 
                   VIOLATIONS.

       (a) Securities Act of 1933.--
       (1) Money penalties in administrative actions.--Section 
     8A(g)(2) of the Securities Act of 1933 (15 U.S.C. 77h-
     1(g)(2)) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``$7,500'' and inserting ``$10,000''; and
       (ii) by striking ``$75,000'' and inserting ``$100,000'';
       (B) in subparagraph (B)--
       (i) by striking ``$75,000'' and inserting ``$100,000''; and
       (ii) by striking ``$375,000'' and inserting ``$500,000''; 
     and
       (C) by amending subparagraph (C) to read as follows:
       ``(C) Third tier.--Notwithstanding subparagraphs (A) and 
     (B), the amount of penalty for each such act or omission 
     shall not exceed the greater of--
       ``(i) $1,000,000 for a natural person or $10,000,000 for 
     any other person;
       ``(ii) 3 times the gross amount of pecuniary gain to the 
     person who committed the act or omission; or
       ``(iii) the amount of losses incurred by victims as a 
     result of the act or omission, if--

       ``(I) the act or omission described in paragraph (1) 
     involved fraud, deceit, manipulation, or deliberate or 
     reckless disregard of a regulatory requirement; and
       ``(II) such act or omission directly or indirectly resulted 
     in--

       ``(aa) substantial losses or created a significant risk of 
     substantial losses to other persons; or
       ``(bb) substantial pecuniary gain to the person who 
     committed the act or omission.''.
       (2) Money penalties in civil actions.--Section 20(d)(2) of 
     the Securities Act of 1933 (15 U.S.C. 77t(d)(2)) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``$5,000'' and inserting ``$10,000''; and
       (ii) by striking ``$50,000'' and inserting ``$100,000'';
       (B) in subparagraph (B)--
       (i) by striking ``$50,000'' and inserting ``$100,000''; and
       (ii) by striking ``$250,000'' and inserting ``$500,000''; 
     and
       (C) in subparagraph (C), by striking ``greater of (i) 
     $100,000 for a natural person or $500,000 for any other 
     person, or (ii) the gross amount of pecuniary gain to such 
     defendant as a result of the violation'' and inserting the 
     following: ``greater of--
       ``(i) $1,000,000 for a natural person or $10,000,000 for 
     any other person;
       ``(ii) 3 times the gross amount of pecuniary gain to such 
     defendant as a result of the violation; or
       ``(iii) the amount of losses incurred by victims as a 
     result of the violation''.
       (b) Securities Exchange Act of 1934.--
       (1) Money penalties in civil actions.--Section 21(d)(3)(B) 
     of the Securities Exchange Act of 1934 (15 U.S.C. 
     78u(d)(3)(B)) is amended--
       (A) in clause (i)--
       (i) by striking ``$5,000'' and inserting ``$10,000''; and
       (ii) by striking ``$50,000'' and inserting ``$100,000'';
       (B) in clause (ii)--
       (i) by striking ``$50,000'' and inserting ``$100,000''; and
       (ii) by striking ``$250,000'' and inserting ``$500,000''; 
     and
       (C) in clause (iii), by striking ``greater of (I) $100,000 
     for a natural person or $500,000 for any other person, or 
     (II) the gross amount of pecuniary gain to such defendant as 
     a result of the violation'' and inserting the following: 
     ``greater of--

       ``(I) $1,000,000 for a natural person or $10,000,000 for 
     any other person;
       ``(II) 3 times the gross amount of pecuniary gain to such 
     defendant as a result of the violation; or
       ``(III) the amount of losses incurred by victims as a 
     result of the violation''.

       (2) Money penalties in administrative actions.--Section 
     21B(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-
     2(b)) is amended--
       (A) in paragraph (1)--
       (i) by striking ``$5,000'' and inserting ``$10,000''; and
       (ii) by striking ``$50,000'' and inserting ``$100,000'';
       (B) in paragraph (2)--
       (i) by striking ``$50,000'' and inserting ``$100,000''; and
       (ii) by striking ``$250,000'' and inserting ``$500,000''; 
     and
       (C) by amending paragraph (3) to read as follows:
       ``(3) Third tier.--Notwithstanding paragraphs (1) and (2), 
     the amount of penalty for each such act or omission shall not 
     exceed the greater of--
       ``(A) $1,000,000 for a natural person or $10,000,000 for 
     any other person;
       ``(B) 3 times the gross amount of pecuniary gain to the 
     person who committed the act or omission; or
       ``(C) the amount of losses incurred by victims as a result 
     of the act or omission, if--
       ``(i) the act or omission described in subsection (a) 
     involved fraud, deceit, manipulation, or deliberate or 
     reckless disregard of a regulatory requirement; and
       ``(ii) such act or omission directly or indirectly resulted 
     in substantial losses or created a significant risk of 
     substantial losses to other persons or resulted in 
     substantial pecuniary gain to the person who committed the 
     act or omission.''.
       (c) Investment Company Act of 1940.--
       (1) Money penalties in administrative actions.--Section 
     9(d)(2) of the Investment Company Act of 1940 (15 U.S.C. 80a-
     9(d)(2)) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``$5,000'' and inserting ``$10,000''; and
       (ii) by striking ``$50,000'' and inserting ``$100,000'';
       (B) in subparagraph (B)--
       (i) by striking ``$50,000'' and inserting ``$100,000''; and
       (ii) by striking ``$250,000'' and inserting ``$500,000''; 
     and
       (C) by amending subparagraph (C) to read as follows:
       ``(C) Third tier.--Notwithstanding subparagraphs (A) and 
     (B), the amount of penalty for each such act or omission 
     shall not exceed the greater of--
       ``(i) $1,000,000 for a natural person or $10,000,000 for 
     any other person;
       ``(ii) 3 times the gross amount of pecuniary gain to the 
     person who committed the act or omission; or
       ``(iii) the amount of losses incurred by victims as a 
     result of the act or omission, if--

       ``(I) the act or omission described in paragraph (1) 
     involved fraud, deceit, manipulation, or deliberate or 
     reckless disregard of a regulatory requirement; and
       ``(II) such act or omission directly or indirectly resulted 
     in substantial losses or created a significant risk of 
     substantial losses to other persons or resulted in 
     substantial pecuniary gain to the person who committed the 
     act or omission.''.

       (2) Money penalties in civil actions.--Section 42(e)(2) of 
     the Investment Company Act of 1940 (15 U.S.C. 80a-41(e)(2)) 
     is amended--
       (A) in subparagraph (A)--
       (i) by striking ``$5,000'' and inserting ``$10,000''; and
       (ii) by striking ``$50,000'' and inserting ``$100,000'';
       (B) in subparagraph (B)--
       (i) by striking ``$50,000'' and inserting ``$100,000''; and
       (ii) by striking ``$250,000'' and inserting ``$500,000''; 
     and
       (C) in subparagraph (C), by striking ``greater of (i) 
     $100,000 for a natural person or $500,000 for any other 
     person, or (ii) the gross amount of pecuniary gain to such 
     defendant as a result of the violation'' and inserting the 
     following: ``greater of--
       ``(i) $1,000,000 for a natural person or $10,000,000 for 
     any other person;
       ``(ii) 3 times the gross amount of pecuniary gain to such 
     defendant as a result of the violation; or
       ``(iii) the amount of losses incurred by victims as a 
     result of the violation''.
       (d) Investment Advisers Act of 1940.--
       (1) Money penalties in administrative actions.--Section 
     203(i)(2) of the Investment Advisers Act of 1940 (15 U.S.C. 
     80b-3(i)(2)) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``$5,000'' and inserting ``$10,000''; and
       (ii) by striking ``$50,000'' and inserting ``$100,000'';
       (B) in subparagraph (B)--
       (i) by striking ``$50,000'' and inserting ``$100,000''; and
       (ii) by striking ``$250,000'' and inserting ``$500,000''; 
     and
       (C) by amending subparagraph (C) to read as follows:
       ``(C) Third tier.--Notwithstanding subparagraphs (A) and 
     (B), the amount of penalty for each such act or omission 
     shall not exceed the greater of--
       ``(i) $1,000,000 for a natural person or $10,000,000 for 
     any other person;
       ``(ii) 3 times the gross amount of pecuniary gain to the 
     person who committed the act or omission; or
       ``(iii) the amount of losses incurred by victims as a 
     result of the act or omission, if--

[[Page S5261]]

       ``(I) the act or omission described in paragraph (1) 
     involved fraud, deceit, manipulation, or deliberate or 
     reckless disregard of a regulatory requirement; and
       ``(II) such act or omission directly or indirectly resulted 
     in substantial losses or created a significant risk of 
     substantial losses to other persons or resulted in 
     substantial pecuniary gain to the person who committed the 
     act or omission.''.

       (2) Money penalties in civil actions.--Section 209(e)(2) of 
     the Investment Advisers Act of 1940 (15 U.S.C. 80b-9(e)(2)) 
     is amended--
       (A) in subparagraph (A)--
       (i) by striking ``$5,000'' and inserting ``$10,000''; and
       (ii) by striking ``$50,000'' and inserting ``$100,000'';
       (B) in subparagraph (B)--
       (i) by striking ``$50,000'' and inserting ``$100,000''; and
       (ii) by striking ``$250,000'' and inserting ``$500,000''; 
     and
       (C) in subparagraph (C), by striking ``greater of (i) 
     $100,000 for a natural person or $500,000 for any other 
     person, or (ii) the gross amount of pecuniary gain to such 
     defendant as a result of the violation'' and inserting the 
     following: ``greater of--
       ``(i) $1,000,000 for a natural person or $10,000,000 for 
     any other person;
       ``(ii) 3 times the gross amount of pecuniary gain to such 
     defendant as a result of the violation; or
       ``(iii) the amount of losses incurred by victims as a 
     result of the violation''.

     SEC. 3. PENALTIES FOR RECIDIVISTS.

       (a) Securities Act of 1933.--
       (1) Cease-and-desist proceedings.--Section 8A(g)(2) of the 
     Securities Act of 1933 (15 U.S.C. 77h-1(g)(2)) is amended by 
     adding at the end the following:
       ``(D) Fourth tier.--Notwithstanding subparagraphs (A), (B), 
     and (C), the maximum amount of penalty for each such act or 
     omission shall be 3 times the otherwise applicable amount in 
     such subparagraphs if, within the 5-year period preceding 
     such act or omission, the person who committed the act or 
     omission was criminally convicted for securities fraud or 
     became subject to a judgment or order imposing monetary, 
     equitable, or administrative relief in any Commission action 
     alleging fraud by that person.''.
       (2) Injunctions and prosecution of offenses.--Section 
     20(d)(2) of the Securities Act of 1933 (15 U.S.C. 77t(d)(2)) 
     is amended by adding at the end the following:
       ``(D) Fourth tier.--Notwithstanding subparagraphs (A), (B), 
     and (C), the maximum amount of penalty for each such 
     violation shall be 3 times the otherwise applicable amount in 
     such subparagraphs if, within the 5-year period preceding 
     such violation, the defendant was criminally convicted for 
     securities fraud or became subject to a judgment or order 
     imposing monetary, equitable, or administrative relief in any 
     Commission action alleging fraud by that defendant.''.
       (b) Securities Exchange Act of 1934.--
       (1) Civil actions.--Section 21(d)(3)(B) of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78u(d)(3)(B)) is amended by 
     adding at the end the following:
       ``(iv) Fourth tier.--Notwithstanding clauses (i), (ii), and 
     (iii), the maximum amount of penalty for each such violation 
     shall be 3 times the otherwise applicable amount in such 
     clauses if, within the 5-year period preceding such 
     violation, the defendant was criminally convicted for 
     securities fraud or became subject to a judgment or order 
     imposing monetary, equitable, or administrative relief in any 
     Commission action alleging fraud by that defendant.''.
       (2) Administrative proceedings.--Section 21B(b) of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78u-2(b)) is 
     amended by adding at the end the following:
       ``(4) Fourth tier.--Notwithstanding paragraphs (1), (2), 
     and (3), the maximum amount of penalty for each such act or 
     omission shall be 3 times the otherwise applicable amount in 
     such paragraphs if, within the 5-year period preceding such 
     act or omission, the person who committed the act or omission 
     was criminally convicted for securities fraud or became 
     subject to a judgment or order imposing monetary, equitable, 
     or administrative relief in any Commission action alleging 
     fraud by that person.''.
       (c) Investment Company Act of 1940.--
       (1) Ineligibility of certain underwriters and affiliates.--
     Section 9(d)(2) of the Investment Company Act of 1940 (15 
     U.S.C. 80a-9(d)(2)) is amended by adding at the end the 
     following:
       ``(D) Fourth tier.--Notwithstanding subparagraphs (A), (B), 
     and (C), the maximum amount of penalty for each such act or 
     omission shall be 3 times the otherwise applicable amount in 
     such subparagraphs if, within the 5-year period preceding 
     such act or omission, the person who committed the act or 
     omission was criminally convicted for securities fraud or 
     became subject to a judgment or order imposing monetary, 
     equitable, or administrative relief in any Commission action 
     alleging fraud by that person.''.
       (2) Enforcement.--Section 42(e)(2) of the Investment 
     Company Act of 1940 (15 U.S.C. 80a-41(e)(2)) is amended by 
     adding at the end the following:
       ``(D) Fourth tier.--Notwithstanding subparagraphs (A), (B), 
     and (C), the maximum amount of penalty for each such 
     violation shall be 3 times the otherwise applicable amount in 
     such subparagraphs if, within the 5-year period preceding 
     such violation, the defendant was criminally convicted for 
     securities fraud or became subject to a judgment or order 
     imposing monetary, equitable, or administrative relief in any 
     Commission action alleging fraud by that defendant.''.
       (d) Investment Advisers Act of 1940.--The Investment 
     Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.) is amended--
       (1) in section 203(i)(2) (15 U.S.C. 80b-3(i)(2)), by adding 
     at the end the following:
       ``(D) Fourth tier.--Notwithstanding subparagraphs (A), (B), 
     and (C), the maximum amount of penalty for each such act or 
     omission shall be 3 times the otherwise applicable amount in 
     such subparagraphs if, within the 5-year period preceding 
     such act or omission, the person who committed the act or 
     omission was criminally convicted for securities fraud or 
     became subject to a judgment or order imposing monetary, 
     equitable, or administrative relief in any Commission action 
     alleging fraud by that person.''; and
       (2) in section 209(e)(2) (15 U.S.C. 80b-9(e)(2)) by adding 
     at the end the following:
       ``(D) Fourth tier.--Notwithstanding subparagraphs (A), (B), 
     and (C), the maximum amount of penalty for each such 
     violation shall be 3 times the otherwise applicable amount in 
     such subparagraphs if, within the 5-year period preceding 
     such violation, the defendant was criminally convicted for 
     securities fraud or became subject to a judgment or order 
     imposing monetary, equitable, or administrative relief in any 
     Commission action alleging fraud by that defendant.''.

     SEC. 4. VIOLATIONS OF INJUNCTIONS AND BARS.

       (a) Securities Act of 1933.--Section 20(d) of the 
     Securities Act of 1933 (15 U.S.C. 77t(d)) is amended--
       (1) in paragraph (1), by inserting after ``the rules or 
     regulations thereunder,'' the following: ``a Federal court 
     injunction or a bar obtained or entered by the Commission 
     under this title,''; and
       (2) by amending paragraph (4) to read as follows:
       ``(4) Special provisions relating to a violation of an 
     injunction or certain orders.--
       ``(A) In general.--Each separate violation of an injunction 
     or order described in subparagraph (B) shall be a separate 
     offense, except that in the case of a violation through a 
     continuing failure to comply with such injunction or order, 
     each day of the failure to comply with the injunction or 
     order shall be deemed a separate offense.
       ``(B) Injunctions and orders.--Subparagraph (A) shall apply 
     with respect to any action to enforce--
       ``(i) a Federal court injunction obtained pursuant to this 
     title;
       ``(ii) an order entered or obtained by the Commission 
     pursuant to this title that bars, suspends, places 
     limitations on the activities or functions of, or prohibits 
     the activities of, a person; or
       ``(iii) a cease-and-desist order entered by the Commission 
     pursuant to section 8A.''.
       (b) Securities Exchange Act of 1934.--Section 21(d)(3) of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78u(d)(3)) is 
     amended--
       (1) in subparagraph (A), by inserting after ``the rules or 
     regulations thereunder,'' the following: ``a Federal court 
     injunction or a bar obtained or entered by the Commission 
     under this title,''; and
       (2) by amending subparagraph (D) to read as follows:
       ``(D) Special provisions relating to a violation of an 
     injunction or certain orders.--
       ``(i) In general.--Each separate violation of an injunction 
     or order described in clause (ii) shall be a separate 
     offense, except that in the case of a violation through a 
     continuing failure to comply with such injunction or order, 
     each day of the failure to comply with the injunction or 
     order shall be deemed a separate offense.
       ``(ii) Injunctions and orders.--Clause (i) shall apply with 
     respect to an action to enforce--

       ``(I) a Federal court injunction obtained pursuant to this 
     title;
       ``(II) an order entered or obtained by the Commission 
     pursuant to this title that bars, suspends, places 
     limitations on the activities or functions of, or prohibits 
     the activities of, a person; or
       ``(III) a cease-and-desist order entered by the Commission 
     pursuant to section 21C.''.

       (c) Investment Company Act of 1940.--Section 42(e) of the 
     Investment Company Act of 1940 (15 U.S.C. 80a-41(e)) is 
     amended--
       (1) in paragraph (1), by inserting after ``the rules or 
     regulations thereunder,'' the following: ``a Federal court 
     injunction or a bar obtained or entered by the Commission 
     under this title,''; and
       (2) by amending paragraph (4) to read as follows:
       ``(4) Special provisions relating to a violation of an 
     injunction or certain orders.--
       ``(A) In general.--Each separate violation of an injunction 
     or order described in subparagraph (B) shall be a separate 
     offense, except that in the case of a violation through a 
     continuing failure to comply with such injunction or order, 
     each day of the failure to comply with the injunction or 
     order shall be deemed a separate offense.
       ``(B) Injunctions and orders.--Subparagraph (A) shall apply 
     with respect to any action to enforce--
       ``(i) a Federal court injunction obtained pursuant to this 
     title;
       ``(ii) an order entered or obtained by the Commission 
     pursuant to this title that bars, suspends, places 
     limitations on the activities or functions of, or prohibits 
     the activities of, a person; or

[[Page S5262]]

       ``(iii) a cease-and-desist order entered by the Commission 
     pursuant to section 9(f).''.
       (d) Investment Advisers Act of 1940.--Section 209(e) of the 
     Investment Advisers Act of 1940 (15 U.S.C. 80b-9(e)) is 
     amended--
       (1) in paragraph (1), by inserting after ``the rules or 
     regulations thereunder,'' the following: ``a federal court 
     injunction or a bar obtained or entered by the Commission 
     under this title,''; and
       (2) by amending paragraph (4) to read as follows:
       ``(4) Special provisions relating to a violation of an 
     injunction or certain orders.--
       ``(A) In general.--Each separate violation of an injunction 
     or order described in subparagraph (B) shall be a separate 
     offense, except that in the case of a violation through a 
     continuing failure to comply with such injunction or order, 
     each day of the failure to comply with the injunction or 
     order shall be deemed a separate offense.
       ``(B) Injunctions and orders.--Subparagraph (A) shall apply 
     with respect to any action to enforce--
       ``(i) a Federal court injunction obtained pursuant to this 
     title;
       ``(ii) an order entered or obtained by the Commission 
     pursuant to this title that bars, suspends, places 
     limitations on the activities or functions of, or prohibits 
     the activities of, a person; or
       ``(iii) a cease-and-desist order entered by the Commission 
     pursuant to section 203(k).''.
                                 ______
                                 
      By Mr. WYDEN:
  S. 3418. A bill to amend title 10, United States Code, to require the 
Secretary of Defense to use only human-based methods for training 
members of the Armed Forces in the treatment of severe combat injuries; 
to the Committee on Armed Services.
  Mr. WYDEN. Mr. President, I rise today to discuss military medical 
training, and specifically, the use of live animals in trauma training.
  Many Americans may be unaware that the Military still uses live pigs 
and goats in combat trauma training courses to train military personnel 
to treat battlefield injuries. This is an outdated and inefficient 
training method that does not fully prepare doctors and medics to treat 
wounded service members.
  For many years, medical simulation has not been able to provide a 
training experience superior to animal-based live tissue training, but 
the newest generation of simulators can do just that. These simulators 
are based on human anatomy and recreate the feeling, the sights, and 
the sounds of treating a wounded service member.
  In current military training, live pigs and goats are anesthetized 
while trainees perform critical procedures on them. In some cases, the 
animals are shot in the face or have limbs amputated while the trainees 
are instructed to keep them alive as long as possible. This is 
inhumane, but more importantly, it is like comparing apples and 
oranges--this does not teach service members how to treat a human 
soldier, only how to operate on a goat or pig. And while live tissue 
training has some value in getting trainees accustomed to the sight of 
blood, medical simulation can now do the same, and has become the new 
gold standard.
  In civilian medical training courses, which teach many of the same 
procedures as the military, simulators have almost universally replaced 
the use of live animals. The reason for this is simple; to learn how to 
treat human injuries, you must learn on human anatomy. Medical 
simulation can now replicate that anatomy while providing the emotional 
and psychological pressure of working on a living, wounded soldier.
  Let me say that I applaud the investments that the Department of 
Defense has made in the area of simulation. No one has invested more in 
simulation technology than the Military. But the problem that I see is 
that despite millions of dollars in investments, simulator technology 
is not being fully utilized.
  Speaking of costs, in addition to providing superior training and 
reducing animal suffering, a move away from live tissue training would 
save taxpayer dollars. Due to the many hidden costs of animal use, such 
as housing and feeding the animals, purchasing drugs for euthanasia and 
anesthesia, and keeping a veterinarian on staff, simulation can offer a 
better training experience at a lower cost.
  But at the end of the day this is about providing the best possible 
training for our troops, because in military medicine the difference 
between the best training and the next best can literally mean the 
difference between life and death.
  For these reasons I introduced today the Battlefield Excellence 
through Superior Training Practices, or BEST Practices Act. This 
legislation lays out a timeline for the Department of Defense to 
develop and fully implement innovative simulator technology in medical 
training, and to phase out live tissue training on animals in the 
process.
  I want to note that I designed this legislation with a specific 
waiver authority for the Secretary of Defense, so that if there is a 
specific procedure that can only be best taught with live tissue use, 
that option is not removed. But the BEST Practices Act is primarily 
designed to engage the Pentagon to embrace this technology, continue 
further development, and incorporate this technology in military 
training in all cases where simulators provide the best result.
  Just as we have seen with other technologies, the advancements in 
medical simulation are increasing at an exponential rate. The 
capabilities currently in place and under development are truly 
amazing. The BEST Practices Act capitalizes on these present and future 
capabilities, and uses them to save the lives of our service members.
                                 ______
                                 
      By Mr. REED (for himself, Mr. Lieberman, and Mr. Whitehouse):
  S. 3423. A bill to amend the Wild and Scenic Rivers Act to designate 
a segment of the Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers in 
the States of Connecticut and Rhode Island for study for potential 
addition to the National Wild and Scenic Rivers System, and for other 
purposes; to the Committee on Energy and Natural Resources.
  Mr. REED. Mr. President, today I am introducing, along with my 
colleagues from Rhode Island and Connecticut, Senators Whitehouse and 
Lieberman, legislation to authorize the National Park Service to study 
specific sections of the Beaver, Chipuxet, Queen, Wood, and Pawcatuck 
Rivers in Rhode Island and Connecticut for potential addition to the 
National Wild and Scenic Rivers System. Our legislation seeks to bring 
greater attention to and resources for efforts to protect and restore 
the health of these rivers through the evaluation of their 
recreational, natural, and historical qualities and whether they are 
suitable for designation as Wild and Scenic Rivers.
  The recreational and scenic wealth of the Wood-Pawcatuck watershed is 
a natural treasure. The National Park Service's Rivers and Trails 
Conservation Assistance program conducted a planning and conservation 
study in the 1980s which concluded, in part, that the waters of the 
Wood and Pawcatuck Rivers corridor in Rhode Island ``are the cleanest 
and purest and its recreational opportunities are unparalleled by any 
other river system in the state.''
  These rivers also provide opportunities for outdoor recreation and 
tourism that contribute to the local economy. Not only do its rivers 
provide easy access to the wilderness for family outings and school 
field trips, but they also offer ways to explore our heritage 
throughout the watershed, from Native American fishing grounds to 
Colonial and early industrial mill ruins. The rivers also provide 
opportunities for trout fishing, canoeing, bird watching, and hiking.
  I have long supported the protection and restoration of Southern New 
England's watersheds and estuaries, including the Narragansett Bay, and 
this study is an important first step in determining future 
opportunities for protection and recreational enjoyment of the rivers 
in the Wood-Pawcatuck watershed. Our states have been excellent 
stewards of these rivers, and this study would enhance existing local 
and State efforts to preserve and manage this open space and its 
wildlife habitat.
  Indeed, partnerships are key to broad restoration and management of 
our resources, and it is expected that this study would be conducted in 
close cooperation with the affected communities, state agencies, local 
governments, and other interested organizations. The partnership-based 
approach also allows for development of a proposed river management 
plan as part of the study, which could address issues ranging from fish 
passage to the restoration of wetlands to assist with flood mitigation, 
as well as balance the

[[Page S5263]]

recreational opportunities that contribute to the local economies with 
preservation of the natural resources.
  This is a two State initiative that will encompass both Rhode Island 
and Connecticut, and will help protect these resources for future 
generations to enjoy.
  I commend Representatives Langevin and Courtney for spearheading this 
effort in the other body, and I look forward to working with all of my 
colleagues to initiate the process to study the rivers of the Wood-
Pawcatuck Watershed for inclusion in the National Wild and Scenic 
Rivers System.

                          ____________________