[Congressional Record Volume 169, Number 57 (Wednesday, March 29, 2023)]
[Senate]
[Pages S1054-S1056]
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, Ms. Collins, Mr. Carper, Mr. Brown, 
        Ms. Hirono, Mr. Wyden, Mrs. Murray, Mr. Reed, Mr. Booker, Mr. 
        Blumenthal, and Mr. Kaine):
  S. 1040. A bill to amend title 38, United States Code, to prohibit 
smoking on the premises of any facility of the Veterans Health 
Administration, and for other purposes; to the Committee on Veterans' 
Affairs.
  Mr. DURBIN. Madam 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. 1040

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

     SECTION 1. PROHIBITION ON SMOKING IN FACILITIES OF THE 
                   VETERANS HEALTH ADMINISTRATION.

       (a) Prohibition.--
       (1) In general.--Section 1715 of title 38, United States 
     Code, is amended to read as follows:

[[Page S1055]]

  


     ``Sec. 1715. Prohibition on smoking in facilities of the 
       Veterans Health Administration

       ``(a) Prohibition.--No person (including any veteran, 
     patient, resident, employee of the Department, contractor, or 
     visitor) may smoke on the premises of any facility of the 
     Veterans Health Administration.
       ``(b) Definitions.--In this section:
       ``(1) The term `facility of the Veterans Health 
     Administration' means any land or building (including any 
     medical center, nursing home, domiciliary facility, 
     outpatient clinic, or center that provides readjustment 
     counseling) that is--
       ``(A) under the jurisdiction of the Department of Veterans 
     Affairs;
       ``(B) under the control of the Veterans Health 
     Administration; and
       ``(C) not under the control of the General Services 
     Administration.
       ``(2) The term `smoke' includes--
       ``(A) the use of cigarettes, cigars, pipes, and any other 
     combustion or heating of tobacco; and
       ``(B) the use of any electronic nicotine delivery system, 
     including electronic or e-cigarettes, vape pens, and e-
     cigars.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter II of chapter 17 of such title is 
     amended by striking the item relating to section 1715 and 
     inserting the following new item:

``1715. Prohibition on smoking in facilities of the Veterans Health 
              Administration.''.
       (b) Conforming Amendment.--Section 526 of the Veterans 
     Health Care Act of 1992 (Public Law 102-585; 38 U.S.C. 1715 
     note) is repealed.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Lee, Mr. Coons, and Mr. Wicker):
  S. 1056. A bill to give Federal courts additional discretion to 
determine whether pretrial detention is appropriate for defendants 
charged with nonviolent drug offenses in Federal criminal cases; to the 
Committee on the Judiciary.
  Mr. DURBIN. Madam 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. 1056

       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 ``Smarter Pretrial Detention 
     for Drug Charges Act of 2023''.

     SEC. 2. RELEASE CONDITIONS AND DETENTION IN FEDERAL CRIMINAL 
                   CASES.

       Section 3142 of title 18, United States Code, is amended--
       (1) by striking ``(42 U.S.C. 14135a)'' each place it 
     appears and inserting ``(34 U.S.C. 40702)''; and
       (2) in subsection (e)(3)--
       (A) by striking subparagraph (A); and
       (B) by redesignating subparagraphs (B), (C), (D), and (E) 
     as subparagraphs (A), (B), (C), and (D), respectively.
                                 ______
                                 
      By Mr. REED (for himself and Mr. Durbin):
  S. 1058. A bill to protect airline crew members, security screening 
personnel, and passengers by banning abusive passengers from commercial 
aircraft flights, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.
  Mr. REED. Madam President, today I am introducing the Protection from 
Abusive Passengers Act, a bill that is aimed at eliminating the rash of 
violence and abuse that is occurring on commercial flights across the 
country. I am pleased to be joined in this effort by Representatives 
Eric Swalwell of California and Brian Fitzpatrick of Pennsylvania, who 
are introducing companion legislation in the other body. The goal of 
our bill is to send a clear signal that individuals who engage in 
serious abusive or violent behavior on an aircraft or at an airport 
security checkpoint will be banned from flying.
  In the last few years, we have seen an extraordinary increase in the 
number of cases of violence and abuse against crewmembers and airline 
passengers. In 2022, the Federal Aviation Administration received 2,456 
reports of ``unruly passengers.'' Those complaints led to 831 
investigations, a record 567 enforcement actions initiated, and a 
historic $8.45 million in proposed fines. That makes 2022 one of the 
most violent years in air travel since the FAA started tracking 
incidents in the mid-1990s, second only to 2021. While the numbers are 
trending down, we are still seeing some extraordinary dangerous and 
violent behavior.
  In April 2022, the FAA proposed a record $81,950 fine against a 
passenger who tried to open the cockpit door on an American Airlines 
flight from Dallas to Charlotte, struck and threatened multiple flight 
attendants, and continued to attempt to assault the crew and other 
passengers once restrained.
  The FAA also proposed a $77,272 fine against a passenger on a Delta 
flight from Las Vegas who ``attempted to hug and kiss the passenger 
seated next to her; walked to the front of the aircraft to try to exit 
during flight; refused to return to her seat; and bit another passenger 
multiple times.''
  Just this month, the Department of Justice reported the arrest of a 
passenger for allegedly attempting to open an emergency exit door while 
aboard a United Airlines flight from Los Angeles to Boston. During the 
incident, the passenger attempted to stab a flight attendant with a 
broken metal spoon, hitting the flight attendant on the neck area three 
times. Video of this disturbing assault went viral and was widely 
reported on.
  In any setting, these actions would be shocking and unacceptable but 
on an airplane, such behavior also represents a danger to all 
passengers. Clearly, the existing regime of civil and criminal 
penalties have not been enough to deter this upsurge. We need to send a 
signal that such type of behavior will not be tolerated.
  The Protection from Abusive Passengers Act would require the 
Transportation Security Administration to create and manage a program 
which bars passengers who are fined or convicted of abusive behavior 
and physical violence from flying. Transparency and notice will be 
provided to banned individuals, including guidelines for removal and 
opportunities for appeal. The bill would also permanently ban abusive 
passengers from participating in the TSA PreCheck or Customs' Global 
Entry Programs.
  The bill provides appropriate fairness and due process by ensuring 
that only individuals who have been assessed civil or criminal penalty 
for abusive and violent behavior will be included on a list of banned 
fliers. The bill also requires the TSA to explain how it will maintain 
its list of banned fliers, provide an explanation of how long an 
individual may be barred from flying based on the severity of the 
offense, and set guidelines for an individual to appeal and seek 
removal from the list of banned fliers.
  I believe this bill strikes the appropriate balance of assuring 
fairness and transparency while sending a strong signal that violent 
and abusive behavior will not be tolerated. I am pleased that the bill 
is supported by both airline industry leaders and labor unions, 
including Air Line Pilots Association; Association of Flight 
Attendants, CWA; Association of Professional Flight Attendants; 
Transport Workers Union of America, AFL-CIO; Transportation Trades 
Department, AFL-CIO; Communications Workers of America, CWA; American 
Airlines; Delta Airlines; and Southwest Airlines. I hope that my 
colleagues will join me in supporting this important bill.
                                 ______
                                 
      By Mr. CARDIN:
  S. 1061. A bill to prospectively repeal the 2001 Authorization for 
Use of Military Force; to the Committee on Foreign Relations.
  Mr. CARDIN. Madam President, the Senate today has finally voted to 
repeal two outdated and obsolete authorizations for the use of military 
force--those that launched two wars against the Iraqi Government of 
Saddam Hussein, enacted into law in 1991 and 2002.
  Yet this is not the only action we must take to protect our national 
security. A third AUMF, which Congress enacted in 2001 in the aftermath 
of the 9/11 attacks on our country by the terrorist organization al-
Qaida, is also outdated and ought to be repealed. This authorization 
was fully justified and necessary at the time, and I voted in favor of 
it.
  It was sadly necessary to go to war in Afghanistan to remove the very 
real threat that al-Qaida posed from its sanctuary there.
  But, as I have repeatedly argued in successive Congresses since 2014, 
this AUMF, too, is now obsolete. We ought to repeal it and replace it 
with a new AUMF that more accurately reflects the threats our country 
faces today.
  Four Presidents from both parties have used the 2001 AUMF to target 
groups that did not even exist on 9/11/2001 in countries such as Yemen 
and

[[Page S1056]]

Somalia, far from the battlefield of Afghanistan. Presidents have used 
this AUMF in ways that those of us in Congress who voted for it could 
never have imagined 22 years ago.
  Publicly available War Powers Resolution notifications that refer to 
the 2001 AUMF address more than 20 countries, including Afghanistan, 
Iraq, Syria, Yemen, Libya, Somalia, Niger, Philippines, Georgia, 
Djibouti, Kenya, Ethiopia, Eritrea, Turkey, Jordan, Lebanon, Cameroon, 
Chad, Nigeria, and Saudi Arabia.
  The number of countries where the U.S. military has actually resorted 
to military action is smaller but not insignificant. Again based on War 
Powers Resolution notifications, the 2001 AUMF has been publicly cited 
as authorization for military activity in seven countries: Afghanistan, 
Iraq, Syria, Libya, Yemen, Somalia, and Niger. No administration should 
continue to use the 2001 AUMF--that clearly and specifically is aimed 
at those who perpetrated the 9/11 attacks--as a blank check for war 
anywhere and anytime, and it is past time for Congress to take action.
  In 2014 and 2015, President Obama relayed his intent to work with the 
Congress to repeal and replace the 2001 AUMF, at the time the United 
States was assembling the Coalition to Defeat ISIS, but we were not 
able to get it done.
  Now, President Biden has reiterated the same intent. In the official 
Statement of Administration Policy on the bill we have passed today, 
the White House declared its support for passage of S. 316 and goes on 
to say:

       Furthermore, President Biden remains committed to working 
     with Congress to ensure that outdated authorizations for the 
     use of military force are replaced with a narrow and specific 
     framework more appropriate to protecting Americans form 
     modern terrorist threats. Toward that end, the Administration 
     will ensure that Congress has a clear and thorough 
     understanding of the effect of any such action and of the 
     threats facing U.S. forces, personnel, and interests around 
     the world.

  So, in response to the invitation President Biden has extended to 
Congress to replace and repeal the 2001 AUMF, I am today introducing 
legislation that would prospectively repeal the outdated 
authorization--while providing enough time for both the executive and 
the legislative branches to agree on the most appropriate replacement. 
This legislation would sunset the existing AUMF in July 2025, 6 months 
into the next administration. So we will have adequate time to consult 
with the administration's national security professionals about the 
best way to do so.
  This would also provide a framework for the necessary national debate 
about how to modernize our national security posture during the 
upcoming 2024 elections.
  This is a pivotal moment. Congress must act to reassert its rightful 
role in war-making authorities, as set out in article I of the 
Constitution. We must take action on all fronts. Having voted 
decisively to repeal the authorizations of 1991 and 2002 in legislation 
led by my able colleagues, Senator Kaine of Virginia and Senator Young 
of Indiana, we now need to move with dispatch to repeal and replace the 
2001 authorization. It is a responsibility that we must assume to 
protect our national security in today's context.
  I look forward to moving on this initiative as soon as possible in 
this session of the 118th Congress.

                          ____________________