[Congressional Record (Bound Edition), Volume 151 (2005), Part 10]
[Senate]
[Pages 13149-13154]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. McCAIN (for himself and Mr. Lieberman):
  S. 1268. A bill to expedite the transition to digital television 
while helping consumers to continue to use their analog televisions; to 
the Committee on Commerce, Science, and Transportation.
  Mr. McCAIN. Mr. President, I rise today to introduce a bill to 
support the Nation's finest: our police, fire fighters and other 
emergency response personnel. The ``Spectrum Availability for 
Emergency-response and Law-enforcement to Improve Vital Emergency 
Services Act,'' otherwise known as ``The SAVE LIVES Act of 2005.'' This 
bill is drafted in response to the 9/11 Commission's Final Report, 
which recommended the ``expedited and increased assignment of radio 
spectrum for public safety purposes.''
  To meet this recommendation, the SAVE LIVES Act would set a date 
certain for the allocation of spectrum to public safety agencies, 
specifically the 24 MHz of spectrum in the 700 MHz band that Congress 
promised public safety agencies in 1997. This is a promise Congress has 
yet to deliver to our Nation's first responders. Access to this 
specific spectrum is essential to our Nation's safety and welfare as 
emergency communications sent over these frequencies are able to 
penetrate walls and travel great distances, and can assist multiple 
jurisdictions in deploying interoperable communications systems.
  In addition to setting a date certain, this bill would authorize 
funds for public safety agencies to purchase emergency communications 
equipment and ensure that Congress has the ability to consider whether 
additional spectrum should be provided for public safety communications 
prior to the recovered spectrum being auctioned. The bill contains 
significant language concerning consumer education in anticipation of 
the digital television transition. The bill would mandate that warning 
labels be displayed on analog television sets sold prior to the 
transition, require warning language to be displayed at television 
retailers, command the distribution at retailers of brochures 
describing the television set options available to consumers, and call 
on broadcasters to air informational programs to better prepare 
consumers for the digital transition.
  The bill would ensure that no television viewer's set would go 
``dark'' by providing digital-to-analog converter boxes to over-the-air 
viewers with a household income at or below 200 percent of the poverty 
line and by allowing cable companies to down convert digital signal 
signals if necessary. I continue to believe that broadcast television 
is a powerful communications tool and important information source for 
citizens. I know that on 9/11, I learned about the attack on the Twin 
Towers and the Pentagon by watching television like most Americans. 
Therefore, this bill seeks to not only protect citizens' safety, but 
also the distribution of broadcast television.

[[Page 13150]]

  Lastly, the bill would require the Environmental Protection Agency to 
report to Congress on the need for a national electronic waste 
recycling program.
  The 9/11 Commission's final report contained harrowing tales about 
police officers and fire fighters who were inside the twin towers and 
unable to receive evacuation orders over their radios from commanders. 
In fact, the report found that this inability to communicate was not 
only a problem for public safety organizations responding at the World 
Trade Center, but also for those responding at the Pentagon and 
Somerset County, Pennsylvania crash sites where multiple organizations 
and multiple jurisdictions responded. Therefore, the Commission 
recommended that Congress accelerate the availability of additional 
spectrum for public safety.
  The SAVE LIVES Act would implement that important recommendation and 
ensure that WHEN our Nation experiences another attack, or other 
critical emergencies occur, our police, fire fighters and other 
emergency response personnel will have the ability to communicate with 
each other and their commanders to prevent another catastrophic loss of 
life. Now is the time for Congressional action before another national 
emergency or crisis takes place.
  Several lawmakers attempted to act last year during the debate on the 
Intelligence reform bill, but our efforts were thwarted by the powerful 
National Association of Broadcasters. This year, I hope we can all work 
together and pass a bill that ensures the country is not only better 
prepared in case of another attack, but also protects the vital 
communications outlet of broadcast television. I believe the SAVE LIVES 
Act achieves both goals.
  In an effort to expeditiously retrieve the spectrum for the Nation's 
first responders, to preserve over-the-air television accessibility to 
consumers and to ensure the adequate funding of both, I urge the 
enactment of The SAVE LIVES Act. Additionally, I ask unanimous consent 
that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1268

       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 ``Spectrum Availability for 
     Emergency-Response and Law-Enforcement to Improve Vital 
     Emergency Services Act'' or the ``SAVE LIVES Act''.

     SEC. 2. SETTING A SPECIFIC DATE FOR THE AVAILABILITY OF 
                   SPECTRUM FOR PUBLIC SAFETY ORGANIZATIONS AND 
                   CREATING A DEADLINE FOR TRANSITION TO DIGITAL 
                   TELEVISION.

       (a) Amendments.--Section 309(j)(14) of the Communications 
     Act of 1934 (47 U.S.C. 309(j)(14)) is amended--
       (1) in subparagraph (A), by striking ``December 31, 2006'' 
     and inserting ``December 31, 2008'';
       (2) by striking subparagraph (B);
       (3) in subparagraph (C)(i)(I), by striking ``or (B)'';
       (4) in subparagraph (D), by striking ``(C)(i)'' and 
     inserting ``(B)(i)''; and
       (5) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (B) and (C), respectively.
       (b) Implementation.--
       (1) Final dtv allotment table of in-core channels for full-
     power stations.--The Federal Communications Commission (in 
     this Act referred to as the ``Commission'') shall--
       (A) release by December 31, 2006, a report and order in MB 
     Docket No. 03-15 assigning all full-power broadcast 
     television stations authorized in the digital television 
     service a final channel between channels 2 and 36, inclusive, 
     or 38 and 51, inclusive (between frequencies 54 and 698 
     megahertz, inclusive); and
       (B) conclude by July 31, 2007, any reconsideration of such 
     report and order.
       (2) Status reports.--Beginning February 1, 2006, and ending 
     when international coordination with Canada and Mexico of the 
     DTV table of allotments is complete, the Commission shall 
     submit reports every 6 months on the status of that 
     international coordination to the Committee on Commerce, 
     Science, and Transportation of the Senate and to the 
     Committee on Energy and Commerce of the House of 
     Representatives.
       (3) Terminations of analog licenses and broadcasting.--The 
     Commission shall take such actions as may be necessary to 
     terminate all licenses for full-power broadcasting stations 
     in the analog television service and to require the cessation 
     of broadcasting by full-power stations in the analog 
     television service by January 1, 2009.

     SEC. 3. AUCTION OF RECOVERED SPECTRUM.

       (a) Deadline for Auction.--Section 309(j)(14) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)(14)), as amended 
     by section 2, is amended in subparagraph (B)--
       (1) in clause (ii), by striking the second sentence; and
       (2) by adding at the end following new clause:
       ``(iii) Additional deadlines for recovered analog 
     spectrum.--

       ``(I) In general.--Not earlier than 1 year after the date 
     on which the Commission submits to Congress the report 
     required under section 7502(a) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458; 118 
     Stat. 3855), and not later than April 1, 2008, the Commission 
     shall--

       ``(aa) conduct the auction of the licenses for recovered 
     analog spectrum; and
       ``(bb) not later than June 30, 2008, deposit the proceeds 
     of such auction in accordance with paragraph (8), except for 
     those funds authorized to be used in accordance with sections 
     4(f) and 5 of the SAVE LIVES Act.

       ``(II) Recovered analog spectrum defined.--In this clause, 
     the term `recovered analog spectrum' means the spectrum 
     reclaimed from analog television service broadcasting under 
     this paragraph, other than--

       ``(aa) the spectrum required by section 337 to be made 
     available for public safety services;
       ``(bb) the spectrum auctioned prior to the date of 
     enactment of the SAVE LIVES Act; and
       ``(cc) any spectrum designated by Congress for use by 
     public safety services between the date of enactment of the 
     SAVE LIVES Act and the auction described in subclause (I).''.
       (b) Extension of Auction Authority.--Paragraph (11) of 
     section 309(j) of the Communications Act of 1934 (47 U.S.C. 
     309(j)(11)) is amended by striking ``September 30, 2007'' and 
     inserting ``September 30, 2009''.

     SEC. 4. DIGITAL TRANSITION PROGRAM.

       (a) In General.--Beginning no earlier than January 1, 2008, 
     and not later than July 1, 2008, the Commission, in 
     consultation with commercial television broadcast licensees, 
     shall distribute to eligible persons digital-to-analog 
     converter devices that will enable television sets that 
     operate only with analog signal processing to continue to 
     operate when receiving a digital signal.
       (b) Application.--Each eligible person seeking a digital-
     to-analog converter device under subsection (a) shall submit 
     an application to the Commission at such times, in such 
     manner, and containing such information as the Commission 
     requires.
       (c) Procurement.--The provisions, rules, and regulations of 
     the Federal Property and Administrative Services Act of 1949 
     (41 U.S.C. 251 et seq.) shall apply to the procurement, by 
     the Comptroller General of the United States, of the digital-
     to-analog converter devices described in subsection (a).
       (d) Study.--Not later than 12 months after the date of 
     enactment of this Act, the Commission shall, in consultation 
     with commercial television broadcast licensees, consumer 
     groups, and other interested parties, complete a study of--
       (1) the geographic location of eligible persons by Nielsen 
     Designated Market Areas;
       (2) the use of not only broadcast studios for distribution 
     of such digital-to-analog converter devices, but the ability 
     of commercial television broadcast licensees to partner with 
     grocery stores, electronics stores, and post offices to serve 
     as distribution centers for such devices; and
       (3) the ability of the Commission and commercial television 
     broadcast licensees to partner together to develop a public 
     communications campaign to inform over-the-air viewers of--
       (A) the need for a digital-to-analog converter device; and
       (B) the availability of such a digital-to-analog converter 
     device free of charge for eligible persons.
       (e) Eligible Person Defined.--In this section, the term 
     ``eligible person'' means any person relying exclusively on 
     over-the-air television broadcasts with a household income 
     that does not exceed 200 percent of the poverty line, as such 
     line is published in the Federal Register by the Department 
     of Health and Human Services under the authority of section 
     673(2) of the Community Services Block Grant Act (42 U.S.C. 
     9902(2)).
       (f) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     $468,000,000 from the proceeds of the auction of licenses for 
     recovered analog spectrum under section 309(j)(14) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)(14)).
       (2) Distribution.--Of the funds authorized to be 
     appropriated under paragraph (1)--
       (A) $463,000,000 shall be available to procure digital-to-
     analog converter devices; and
       (B) $5,000,000 shall be available to to cover the costs of 
     administration of the digital

[[Page 13151]]

     transition program established under this section.

     SEC. 5. ESTABLISHMENT AND AUTHORIZATION OF APPROPRIATIONS FOR 
                   GRANT PROGRAM TO PROVIDE ENHANCED 
                   INTEROPERABILITY OF COMMUNICATIONS FOR FIRST 
                   RESPONDERS.

       (a) Establishment of Program to Assist First Responders.--
       (1) In general.--The Secretary of Homeland Security shall 
     establish a program to help State, local, tribal, and 
     regional first responders--
       (A) acquire and deploy interoperable communications 
     equipment;
       (B) purchase such equipment; and
       (C) train personnel in the use of such equipment.
       (2) Common standards.--The Secretary, in cooperation with 
     the heads of other Federal departments and agencies who 
     administer programs that provide communications-related 
     assistance programs to State, local, and tribal public safety 
     organizations, shall develop and implement common standards 
     to the greatest extent practicable.
       (b) Applications.--To be eligible for assistance under the 
     program established in subsection (a), a State, local, 
     tribal, or regional first responder agency shall submit an 
     application, at such time, in such form, and containing such 
     information as the Under Secretary of Homeland Security for 
     Science and Technology may require, including--
       (1) a detailed explanation of how assistance received under 
     the program would be used to improve local communications 
     interoperability and ensure interoperability with other 
     appropriate Federal, State, local, tribal, and regional 
     agencies in a regional or national emergency;
       (2) assurance that the equipment and system would--
       (A) not be incompatible with the communications 
     architecture developed under section 7303(a)(1)(E) of the 
     Intelligence Reform Act of 2004;
       (B) would meet any voluntary consensus standards developed 
     under section 7303(a)(1)(D) of that Act; and
       (C) be consistent with the common grant guidance 
     established under section 7303(a)(1)(H) of that Act.
       (c) Review.--The Under Secretary of Homeland Security for 
     Science and Technology shall review and approve, in the 
     discretion of the Under Secretary, all applications submitted 
     under subsection (b).
       (d) Single Grants.--The Secretary of Homeland Security, 
     pursuant to an application approved by the Under Secretary of 
     Homeland Security for Science and Technology, may make the 
     assistance provided under the program established in 
     subsection (a) available to all approved applicants in the 
     form of a single grant for a period of not more than 3 years.
       (e) Report.--Not later than January 1, 2008, the Commission 
     shall report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives the amount required 
     to carry out the program described in section 4.
       (f) Authorization of Appropriations.--To the extent that 
     proceeds from the auction of licenses for recovered analog 
     spectrum under section 309(j)(14) of the Communications Act 
     of 1934 (47 U.S.C. 309(j)(14)) are available and exceed the 
     amount required to carry out the program described in section 
     4, there are authorized to be appropriated from such proceeds 
     such sums as are available to fund the grant program 
     established under this section.

     SEC. 6. CONSUMER EDUCATION REGARDING THE DIGITAL TELEVISION 
                   TRANSITION.

       (a) Commission Authority.--Section 303 of the 
     Communications Act of 1934 (47 U.S.C. 303) is amended by 
     adding at the end the following new subsection:
       ``(z) Require the consumer education measures specified in 
     section 330(d) in the case of apparatus designed to receive 
     television signals that--
       ``(1) are shipped in interstate commerce or manufactured in 
     the United States after 180 days after the date of enactment 
     of the SAVE LIVES Act; and
       ``(2) are not capable of receiving and displaying broadcast 
     signals in the digital television service on the channels 
     allocated to such broadcasts.''.
       (b) Consumer Education Requirements.--Section 330 of the 
     Communications Act of 1934 (47 U.S.C. 330) is amended--
       (1) in subsection (d), by striking ``sections 303(s), 
     303(u), and 303(x)'' and inserting ``subsections (s), (u), 
     (x), and (z) of section 303'';
       (2) by redesignating subsection (d) as subsection (e); and
       (3) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Consumer Education Regarding Equipment, Television 
     Receivers, and Other Materials Related to the Digital to 
     Analog Conversion.--
       ``(1) Requirements for manufacturers.--Any manufacturer of 
     any apparatus described in section 303(z) shall--
       ``(A) place on the screen of any such apparatus that such 
     manufacturer ships in interstate commerce or manufactures in 
     the United States after 180 days after the date of enactment 
     of the SAVE LIVES Act, a removable label containing the 
     warning language required by paragraph (3); and
       ``(B) also include such warning language on the outside of 
     the retail packaging of such apparatus in a manner that 
     cannot be removed.
       ``(2) Requirements for retail distributors.--Any retail 
     distributor shall place adjacent to each apparatus described 
     in section 303(z) that such distributor displays for sale or 
     rent after 180 days after the date of enactment of the SAVE 
     LIVES Act, a separate sign containing the warning language 
     required by paragraph (3).
       ``(3) Warning language.--
       ``(A) Rulemaking proceeding.--Not later than 120 days after 
     the date of enactment of this Act, the Commission, in 
     consultation with consumers and representatives from the 
     broadcast, cable, and satellite industries, shall complete a 
     rulemaking proceeding to develop warning language to be used 
     by manufacturers and retail distributors concerning the size 
     and format of the warning language required by this 
     paragraph.
       ``(B) Content of warning.--The warning language required by 
     this paragraph shall clearly inform consumers, in plain 
     English understandable to the average consumer, of the 
     following:
       ``(i) After December 31, 2008, television broadcasters will 
     cease analog over-the-air broadcasts and will broadcast only 
     in digital format.
       ``(ii) That a television set carrying the label required 
     under paragraph (1) will no longer be able to receive 
     broadcast programming unless it is connected to a digital 
     tuner, a digital-to-analog converter device, or cable, 
     satellite, or other multichannel video services.
       ``(iii) Beyond December 31, 2008, a television set carrying 
     the label required under paragraph (1) will, however, 
     continue to display images from devices such as DVD recorders 
     and video game consoles or content recorded for display on an 
     analog television using devices such as VCRs, digital video 
     recorders, or DVD recorders.
       ``(iv) For more information regarding the transition to 
     digital television consumers should call the Federal 
     Communications Commission at 1-888-225-5322 (TTY: 1-888-835-
     5322) or visit the Commission's website at: www.fcc.gov.
       ``(4) Enforcement.--Any violation of the requirements of 
     this section, shall be enforced by the Federal Trade 
     Commission as if it were an unfair or deceptive act or 
     practice proscribed under section 18(a)(1)(B) of the Federal 
     Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
       ``(5) Sunset.--The warning language required by paragraph 
     (3) shall not apply to any manufacturer or retail distributor 
     on or after January 1, 2009.
       ``(6) Commission outreach.--Beginning not later than 1 
     month after the date of enactment of the SAVE LIVES Act, the 
     Commission shall engage in a public outreach program to 
     educate consumers about--
       ``(A) the deadline for termination of analog television 
     broadcasting; and
       ``(B) the options consumers have after such termination to 
     continue to receive broadcast programming.''
       (c) Preserving and Expediting Digital Television Tuner 
     Mandates.--
       (1) In general.--The Commission shall require not later 
     than--
       (A) July 1, 2005, that digital television tuners be 
     integrated into television receivers having analog tuners in 
     the case of television sets with screen sizes 36 inches or 
     greater;
       (B) March 1, 2006, that digital television tuners be 
     integrated into television receivers having analog tuners in 
     the case of television sets with screen sizes between 25 
     inches and 35 inches; and
       (C) March 1, 2007, that digital television tuners be 
     integrated into television receivers having analog tuners in 
     the case of television sets with screen sizes between 14 
     inches and 24 inches.
       (2) Study.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall conduct a study 
     to determine whether digital television tuners are necessary 
     in television sets with screen sizes 13 inches or smaller.
       (B) Mandates for television sets with screen sizes 13 
     inches or smaller.--Upon completion of the study required 
     under subparagraph (A), if the Commission determines that 
     digital television tuners are necessary in television sets 
     with screen sizes 13 inches or smaller, the Commission shall 
     enact, not later than July 1, 2008, digital television tuner 
     mandates for such television sets.
       (d) Informed Consumer Requirement.--Not later than 90 days 
     after the date of enactment of this Act, the Consumer and 
     Governmental Affairs Bureau of the Commission shall develop 
     and distribute to all consumers seeking to purchase a 
     televison set a brochure that clearly describes the different 
     options available to a consumer, including information that--
       (1) in order for a consumer to receive and display a 
     digital television signal, a consumer must have--
       (A) both a digital television display or monitor and a 
     digital tuner; or
       (B) an integrated digital television set;

[[Page 13152]]

       (2) there is a difference between a digital television and 
     high-definition digital television signals and a digital 
     television and high-definition digital television set; and
       (3) current televisions--
       (A) are not obsolete;
       (B) can receive digital television signals with the use of 
     a digital-to-analog converter device and will display such 
     signals in an analog format; and
       (C) will continue to work with cable, satellite, VCRs, DVD 
     recorders, and other devices.

     SEC. 7. DIGITAL TO ANALOG CONVERSION AVAILABLE FOR CABLE 
                   SUBSCRIBERS.

       (a) Digital to Analog Conversion Permitted.--Section 614(b) 
     of the Communications Act of 1934 (47 U.S.C. 534(b)) is 
     amended by adding at the end the following new paragraph:
       ``(11) Digital.--
       ``(A) Digital primary video signal.--A cable operator shall 
     carry the primary video of the digital signal of a local 
     broadcast station in its originally broadcast format without 
     material degradation upon such local broadcast station's--
       ``(i) cessation of analog broadcasting; and
       ``(ii) election of cable carriage under this section or 
     section 615.
       ``(B) Digital to analog conversions permitted.--
     Notwithstanding subparagraph (A), the conversion by a cable 
     operator, at any location from the cable headend through 
     equipment on the premises of a subscriber, of a digital 
     television signal into a signal capable of being viewed by 
     such subscriber with an analog television receiver shall be 
     permitted subject to the conditions described in subparagraph 
     (C).
       ``(C) Conditions on permitted downcon-
     version.--If a cable operator provides a converted signal for 
     any station in a local market under subparagraph (B), that--
       ``(i) is carried under this section or section 615; and
       ``(ii) has ceased to broadcast in the analog television 
     service;

     such cable operator shall provide such a converted signal for 
     each such station that is located within the same local 
     market.
       ``(D) Conversion sunset.--
       ``(i) In general.--Subject to clause (ii), beginning not 
     earlier than December 31, 2011 and not later than December 
     31, 2012, the Commission shall cease to impose on a cable 
     operator the requirement under subparagraph (B), if the 
     Commission determines that such requirement is not necessary 
     to ensure the continued ability of the audiences for foreign-
     language and religious television broadcast stations to view 
     the signals of such stations.
       ``(ii) Considerations.--In making a determination under 
     clause (i), the Commission shall take into consideration--

       ``(I) the penetration of digital televisions, digital 
     receivers, and digital-to-analog converter devices among 
     audiences of foreign-language and religious television 
     broadcast stations; and
       ``(II) the market incentives of cable operators, in the 
     absence of the requirement under subparagraph (B), to carry 
     the signals of foreign-language and religious television 
     broadcast stations in the format most available to be viewed 
     by the audiences of such stations.

       ``(E) Review.--Not later than 1 year after the date of 
     enactment of the SAVE LIVES Act, and every 2 years thereafter 
     until December 31, 2012, the Commission shall review the 
     considerations described in subparagraph (D)(ii).''.
       (b) Tiering.--
       (1) Amendment to communications act.--Section 
     623(b)(7)(A)(iii) of the Communications Act of 1934 (47 
     U.S.C. 543(b)(7)(A)(iii)) is amended--
       (A) by striking ``Any signal'' and inserting ``Any analog 
     signal''; and
       (B) by inserting ``and a single digital video programming 
     stream, designated by such station, that is transmitted over-
     the-air by such station, and'' after ``television broadcast 
     station''.
       (2) Effective date.--This subsection and the amendments 
     made by this subsection shall take effect on January 1, 2009.

     SEC. 8. STUDY OF NATIONWIDE RECYCLING PROGRAM.

       (a) Study.--
       (1) In general.--The Administrator of the Environmental 
     Protection Agency, in consultation with appropriate executive 
     agencies (as determined by the Administrator), shall conduct 
     a study of the feasibility of establishing a nationwide 
     recycling program for electronic waste that preempts any 
     State recycling program.
       (2) Inclusions.--The study shall include an analysis of 
     multiple programs, including programs involving--
       (A) the collection of an advanced recycling fee;
       (B) the collection of an end-of-life fee;
       (C) producers of electronics assuming the responsibility 
     and the cost of recycling electronic waste; and
       (D) the extension of a tax credit for recycling electronic 
     waste.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency shall submit to Congress a report 
     describing the results of the study conducted under 
     subsection (a);

     SEC. 9. COMPLETION OF CERTAIN PENDING PROCEEDINGS.

       (a) In General.--The Commission shall complete action on 
     and issue a final decision not later than--
       (1) July 31, 2007, in the Matter of Second Periodic Review 
     of the Commission's Rules and Policies Affecting the 
     Conversion to Digital Television, MB Docket No. 03-15;
       (2) July 31, 2007, should the Commission begin a Third 
     Periodic Review of the Commission's Rules and Policies 
     Affecting the Conversion to Digital Television;
       (3) December 31, 2007, in the Matter of Public Interest 
     Obligations of Television Broadcast Licensees, MM Docket No. 
     99-360;
       (4) December 31, 2007, in the Matter of Standardized and 
     Enhanced Disclosure Requirements for Television Broadcast 
     Licensee Public Interest Obligations, MM Docket No. 00-168;
       (5) December 31, 2007, in the Matter of Children's 
     Television Obligations Of Digital Television Broadcasters, 
     Further Notice of Proposed Rulemaking, MM Docket No. 00-167;
       (6) December 31, 2007, in the proceeding on rules regarding 
     the use of distributed transmission system technologies as 
     referenced in paragraph 5 of MB Docket No. 03-15; and
       (7) December 31, 2007, in the proceeding adopting digital 
     standards for an Emergency Alert System.
       (b) Two-way Devices.--
       (1) Report.--Not later than 30 days after the date of 
     enactment of this Act, and every 3 months thereafter until 
     July 1, 2007, the parties in the matter of the Implementation 
     of Section 304 of the Telecommunications Act of 1996, 
     Commercial Availability of Navigation Devices, Second Report 
     and Order, CS Docket No. 97-80, shall report to the Committee 
     on Commerce, Science, and Transportation of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives on the status of negotiations for two-way 
     devices.
       (2) Final order.--Not later than December 31, 2007, the 
     Commission shall complete action on and issue a final 
     decision in the matter of the Implementation of Section 304 
     of the Telecommunications Act of 1996, Commercial 
     Availability of Navigation Devices, Second Report and Order, 
     CS Docket No. 97-80.

     SEC. 10. EXCEPTION TO REMOVAL AND RELOCATION OF INCUMBENT 
                   BROADCAST LICENSEES OPERATING BETWEEN 746 AND 
                   806 MEGAHERTZ.

       Section 337(e) of the Communications Act of 1934 (47 U.S.C. 
     337(e)) is amended by adding at the end the following new 
     paragraph:
       ``(3) Exceptions.--Paragraph (1) shall not apply to--
       ``(A) television translator stations;
       ``(B) low-power television stations; or
       ``(C) class A television stations.''.
                                 ______
                                 
      By Mr. INHOFE (for himself, Mrs. Lincoln, Mr. Crapo, Mr. Bond, 
        Mr. Chambliss, Mr. Cochran, Mr. Isakson, Mr. Thomas, Mr. Hagel, 
        Mr. Craig, and Mr. Roberts):
  S. 1269. A bill to amend the Federal Water Pollution Control Act to 
clarify certain activities the conduct of which does not require a 
permit; to the Committee on Environment and Public Works.
  Mr. INHOFE. Mr. President, I rise today to introduce the Pest 
Management and Fire Suppression Flexibility Act. I am proud to be 
joined by ten of my colleagues, Senators Lincoln, Crapo, Bond, Isakson, 
Craig, Chambliss, Cochran, Thomas, Hagel and Roberts. This legislation 
codifies long-standing Democratic and Republican Administration policy 
of not requiring a Clean Water Act permit for pesticides in full 
compliance with their EPA-approved label. It will further affirm 
historic a Federal practices with regard to the Clean Water Act and 
fire suppression and other foreset management activities.
  In 1972, Congress enacted both the Clean Water Act and the Federal 
Insecticide, Fungicide and Rodenticide Act. CWA authorized the 
Environmental Protection Agency to protect the Nation's waterways by 
regulating discharges of large industrial operations and wastewater 
facilities through the National Pollutant Discharge Elimination System. 
FIFRA proyided the EPA with the authority to regulate the sale and use 
of pesticides through a comprehensive registration and labeling 
protocol.
  Until some recent court decisions, the application of agricultural 
and other pesticides in full compliance with labeling requirements did 
not require NPDES permits. Because pesticides undergo lengthy testing 
under FIFRA including tests to ensure water quality and aquatic species 
preservation, a NPDES permit was considered unnecessary and 
duplicative. These

[[Page 13153]]

court decisions commonly known as Talent and Forsgren contradict years 
of Federal policy and undermine the manner in which the Federal 
Government regulates farmers, foresters, irrigators, mosquito abatement 
officials, and other pesticide applicators.
  Similar cases are pending. Groups are now using the notice of intent 
to sue to intimidate farmers, mosquito abatement districts and Federal 
and State agencies into stopping or reducing West Nile virus prevention 
and crop loss rangeland protection operations. While EPA has proposed a 
rule to ensure that pesticides sprayed to, near, or over waters do not 
need a permit, the rule needs to be codified in statute. 
Environmentalists who filed notices of intent to sue Maine's two 
largest blueberry farmers have indicated that they plan on threatening 
others with lawsuits including more farmers and foresters.
  Our legislation fills this regulatory gap left by EPA. While the 
agency's rule is a step in the right direction, our legislation 
codifies the agency's longstanding policy that the application of 
agricultural and other pesticides, in accordance with their label, does 
not require an NPDES permit. Moreover, the rule does not protect 
farmers, irrigators, mosquito abatement districts, fire fighters, 
Federal and State agencies, pest control operators or foresters 
vulnerable to citizen's suits, simply for performing long-practiced, 
expressly approved and already heavily regulated pest management and 
public health protection activities. Without such protection, those who 
protet us from mosquito borne illnesses and other pest outbreaks or 
combat destructive and potentially deadly forest fires will continue to 
be potential victims of mischievous citizen's suits.
  My bill codifies EPA's rulemaking, as well as affirms Congressional 
intent and the long-held positions of Republican and Democratic 
administrations with regard to the CWA and pesticide applications 
generally, as well as fire suppression and other forest management 
activities. I am pleased to be joined by so many of my colleagues in 
this effort and encourage others to cosponsor our proposal.
                                 ______
                                 
      By Mr. NELSON of Nebraska:
  S. 1272. A bill to amend title 46, United States Code, and title II 
of the Social Security Act to provide benefits to certain individuals 
who served in the United States merchant marine (including the Army 
Transport Service and the Naval Transport Service) during World War II; 
to the Committee on Veterans' Affairs.
  Mr. NELSON of Nebraska. Mr. President, I ask unanimous consent that 
the text of the bill be printed in the Record.
  There being no objection; the bill was ordered to be printed in the 
Record, as follows:

                                S. 1272

       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 ``Belated Thank You to the 
     Merchant Mariners of World War II Act of 2005''.

     SEC. 2. MONTHLY BENEFIT FOR WORLD WAR II MERCHANT MARINERS 
                   AND SURVIVORS UNDER TITLE 46, UNITED STATES 
                   CODE.

       (a) Monthly Benefit.--Chapter 112 of title 46, United 
     States Code, is amended--
       (1) by inserting after the table of sections the following 
     new subchapter heading:

     ``SUBCHAPTER I--VETERANS' BURIAL AND CEMETERY BENEFITS''; and

       (2) by adding at the end the following new subchapter:

                    ``SUBCHAPTER II--MONTHLY BENEFIT

     ``Sec. 11205. Monthly benefit

       ``(a) Payment.--The Secretary of Veterans Affairs shall pay 
     to each person issued a certificate of honorable service 
     pursuant to section 11207(b) of this title a monthly benefit 
     of $1,000.
       ``(b) Surviving Spouses.--
       ``(1) Payment to surviving spouses.--The Secretary of 
     Veterans Affairs shall pay to the surviving spouse of each 
     person issued a certificate of honorable service pursuant to 
     section 11207(b) of this title a monthly benefit of $1,000.
       ``(2) Exclusion.--No benefit shall be paid under paragraph 
     (1) to a surviving spouse of a person issued a certificate of 
     honorable service pursuant to section 11207(b) unless the 
     surviving spouse was married to such person for no less than 
     1 year.
       ``(c) Exemption From Taxation.--Payments of benefits under 
     this section are exempt from taxation as provided in section 
     5301(a) of title 38.

     ``Sec. 11206. Qualified service

       ``For purposes of this subchapter, a person shall be 
     considered to have engaged in qualified service if, between 
     December 7, 1941, and December 31, 1946, the person--
       ``(1) was a member of the United States merchant marine 
     (including the Army Transport Service and the Naval Transport 
     Service) serving as a crewmember of a vessel that was--
       ``(A) operated by the War Shipping Administration or the 
     Office of Defense Transportation (or an agent of such 
     Administration or Office);
       ``(B) operated in waters other than--
       ``(i) inland waters;
       ``(ii) the Great Lakes; and
       ``(iii) other lakes, bays, and harbors of the United 
     States;
       ``(C) under contract or charter to, or property of, the 
     Government of the United States; and
       ``(D) serving the Armed Forces; and
       ``(2) while serving as described in paragraph (1), was 
     licensed or otherwise documented for service as a crewmember 
     of such a vessel by an officer or employee of the United 
     States authorized to license or document the person for such 
     service.

     ``Sec. 11207. Documentation of qualified service

       ``(a) Application for Service Certificate.--A person 
     seeking benefits under section 11205 of this title shall 
     submit an application for a service certificate to the 
     Secretary of Transportation, or in the case of personnel of 
     the Army Transport Service or the Naval Transport Service, 
     the Secretary of Defense.
       ``(b) Issuance of Service Certificate.--The Secretary who 
     receives an application under subsection (a) shall issue a 
     certificate of honorable service to the applicant if, as 
     determined by that Secretary, the person engaged in qualified 
     service under section 11206 of this title and meets the 
     standards referred to in subsection (d) of this section.
       ``(c) Timing of Documentation.--A Secretary receiving an 
     application under subsection (a) shall act on the application 
     not later than 1 year after the date of that receipt.
       ``(d) Standards Relating to Service.--In making a 
     determination under subsection (b), the Secretary acting on 
     the application shall apply the same standards relating to 
     the nature and duration of service that apply to the issuance 
     of honorable discharges under section 401(a)(1)(B) of the GI 
     Bill Improvement Act of 1977 (38 U.S.C. 106 note).

     ``Sec. 11208. Definitions

       ``In this subchapter, the term `surviving spouse' has the 
     meaning given such term in section 101 of title 38, except 
     that in applying the meaning in this subchapter, the term 
     `veteran' shall include a person who performed qualified 
     service as specified in section 11206 of this title.

     ``Sec. 11209. Authorization of appropriations

       ``There are authorized to be appropriated to the Secretary 
     of Veterans Affairs such sums as may be necessary for the 
     purpose of carrying out this subchapter.''.
       (b) Conforming Amendments.--Subsection (c) of section 11201 
     of title 46, United States Code, is amended--
       (1) in paragraph (1), by striking ``chapter'' and inserting 
     ``subchapter''; and
       (2) in paragraph (2), by striking ``chapter'' the second 
     place it appears and inserting ``subchapter''.
       (c) Clerical Amendments.--The table of sections at the 
     beginning of chapter 112 of title 46, United States Code, is 
     amended--
       (1) by inserting at the beginning the following new item:


       ``Subchapter I--Veterans' Burial and Cemetery Benefits'';

  and

       (2) by adding at the end the following new items:


                    ``Subchapter II--Monthly Benefit

``11205. Monthly benefit
``11206. Qualified service
``11207. Documentation of qualified service
``11208. Definitions
``11209. Authorization of appropriations''.
       (d) Effective Date.--Subchapter II of chapter 112 of title 
     46, United States Code, as added by subsection (a) of this 
     section, shall take effect with respect to payments for 
     periods beginning on or after the date of the enactment of 
     this Act, regardless of the date of application for benefits.

     SEC. 3. BENEFITS FOR WORLD WAR II MERCHANT MARINERS UNDER 
                   TITLE II OF THE SOCIAL SECURITY ACT.

       (a) Benefits.--Section 217(d) of the Social Security Act 
     (42 U.S.C. 417(d)) is amended by adding at the end the 
     following new paragraph:
       ``(3) The term `active military or naval service' includes 
     the service, or any period of forcible detention or 
     internment by an enemy government or hostile force as a 
     result of action against a vessel described in subparagraph 
     (A), of a person who--
       ``(A) was a member of the United States merchant marine 
     (including the Army Transport Service and the Naval Transport 
     Service) serving as a crewmember of a vessel that was--

[[Page 13154]]

       ``(i) operated by the War Shipping Administration or the 
     Office of Defense Transportation (or an agent of such 
     Administration or Office);
       ``(ii) operated in waters other than--

       ``(I) inland waters;
       ``(II) the Great Lakes; and
       ``(III) other lakes, bays, and harbors of the United 
     States;

       ``(iii) under contract or charter to, or property of, the 
     Government of the United States; and
       ``(iv) serving the Armed Forces; and
       ``(B) while serving as described in subparagraph (A), was 
     licensed or otherwise documented for service as a crewmember 
     of such a vessel by an officer or employee of the United 
     States authorized to license or document the person for such 
     service.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply only with respect to benefits for months 
     beginning on or after the date of the enactment of this Act.
                                 ______
                                 
      By Mr. REID:
  S. 1273. A bill to provide for the sale and adoption of excess wild 
free-roaming horses and burros; to the Committee on Energy and Natural 
Resources.
  Mr. REID. Mr. President, today I rise on behalf of myself and Senator 
Ensign to offer legislation that will give greater protections to our 
Nation's wild horses and make needed improvements to the Bureau of Land 
Management's wild horse and burro adoption program.
  Right now there are an estimated 32,000 wild horses on our Nation's 
public lands. This is 4,000 more horses than our rangeland can sustain. 
The Bureau of Land Management has established that nationwide, the 
Appropriate Management Level for wild horses and burros is 28,000. 
Unfortunately, after many years of trying, the BLM has been unable to 
reach this benchmark, even after many significant budget increases for 
the wild horse and burro program. This situation is compounded by the 
fact that wild horses naturally reproduce at a rate of 20 percent per 
annum, adding to management difficulties and placing greater strain on 
our public rangelands.
  In Nevada, we feel the failures of the wild horse and burro program 
most acutely. Of the 32,000 horses on America's public lands, roughly 
half are in Nevada. So when the program fails, it hits us hard. In 
recent years, the program's shortcomings have been amplified by an 
ongoing drought in the Southwest that has, in places, seriously 
jeopardized the health and well-being of wild horses and burros and has 
devastated the rangeland upon which they depend for their survival.
  At present, the wild horse program is failing on both ends. The BLM 
is struggling to remove sufficient numbers of horses from the range and 
many of the horses that are removed are placed into an adoption program 
that is not locating a sufficient number of willing adopters. This 
means that more horses stay in Government hands, driving the cost of 
this troubled program ever higher. As a result, today we have nearly 
22,000 wild horses sitting in long-term holding facilities in the 
Midwest, costing the U.S. taxpayer approximately $465 per horse, per 
year. And this is only part of the roughly $40 million we are spending 
this year to manage our Nation's wild horses and burros. Add this to 
the fact that the cost of running this program has doubled in the last 
five years and it becomes clear that reform is needed.
  Last year, Congress passed language that allowed the BLM to sell a 
limited number of the horses that are held in long-term holding 
facilities. Unfortunately, this additional management tool has been 
abused by a handful of people and a small number of horses ended up at 
slaughter. These unfortunate events have led to calls for greater 
protections for wild horses that are being offered to the public under 
the sale program.
  Mr. President, the legislation that we offer today provides that 
greater protection for wild horses, while also giving the BLM greater 
leverage to put more horses into the hands of good, caring owners.
  Currently, wild horses that are acquired through the BLM's adoption 
program are federally protected for 1 year. This is the strongest 
protection available to wild horses that are placed into private 
ownership and our bill extends this protection to horses that are 
acquired under sale authority.
  Our legislation also gives the BLM more flexibility in finding good 
homes for wild horses. We do this by giving the BLM the authority to 
make all horses that are not suitable for the adoption program 
available for purchase by caring owners.
  We also lift the limit on the number of horses that an approved 
adopter can take title to in a single year, and we lower the minimum 
adoption fee from $125 to $25. It is our firm belief that when good 
people want to adopt horses and meet the requirements set forth by the 
BLM, they should have as few barriers to overcome as possible. By 
increasing the number of horses that can be adopted and lowering the 
adoption fee, we believe that we can put more horses into the hands of 
more quality owners.
  Our goal is to give all wild horses the maximum protection available 
under our current system and to provide the BLM with the management 
tools they need to get tens of thousands of wild horses and burros into 
safe and caring homes. We believe that this is the right thing to do. I 
look forward to working with the Energy Committee and the Senate to 
move this legislation expeditiously.
  I ask unanimous consent that the text of the bill be printed in the 
Record. 
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1273

       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 ``Wild Free-Roaming Horses and 
     Burros Sale and Adoption Act of 2005''.

     SEC. 2. SALE AND ADOPTION OF WILD FREE-ROAMING HORSES AND 
                   BURROS.

       Section 3 of Public Law 92-195 (16 U.S.C. 1333) is 
     amended--
       (1) in subsection (b)(2)--
       (A) in subparagraph (B), by striking ``: Provided'' and all 
     that follows through ``adopting party''; and
       (B) by striking subparagraph (C) and inserting the 
     following:
       ``(C) Additional excess wild free-roaming horses and burros 
     for which an adoption demand by qualified individuals does 
     not exist shall be sold under subsection (e).'';
       (2) in subsection (c), by striking ``not more than four 
     animals'' and inserting ``excess animals transferred '';
       (3) in subsection (e)--
       (A) in paragraph (1), by striking subparagraph (A) and 
     inserting the following:
       ``(A) the Secretary determines that there is no adoption 
     demand from qualified individuals for the excess animal;'';
       (B) in paragraph (2), by striking ``without limitation''; 
     and
       (C) by striking paragraph (4) and inserting the following:
       ``(4) Effect of sale.--At the end of the 1-year period 
     following the sale of any excess animal under this 
     subsection--
       ``(A) the Secretary shall grant to the transferee title to 
     the excess animal; and
       ``(B) the excess animal transferred shall no longer be 
     considered to be a wild free-roaming horse or burro for 
     purposes of this Act.''; and
       (4) by adding at the end the following:
       ``(f) Minimum Fees and Bids.--The minimum adoption fee 
     required for the adoption of an excess animal under this 
     section shall be $25.''.

                          ____________________