[Congressional Record (Bound Edition), Volume 157 (2011), Part 12]
[Senate]
[Pages 17882-17890]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DURBIN (for himself and Mr. Kirk):
  S. 1884. A bill to provide States with incentives to require 
elementary schools and secondary schools to maintain, and permit school 
personnel to administer, epinephrine at schools; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1884

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``School Access to Emergency 
     Epinephrine Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) According to research funded by the Food Allergy 
     Initiative and conducted by Northwestern University and 
     Children's Memorial Hospital, nearly 6,000,000 children in 
     the United States have food allergies.
       (2) Anaphylaxis, or anaphylactic shock, is a systemic 
     allergic reaction that can kill within minutes.
       (3) More than 15 percent of school-aged children with food 
     allergies have had an allergic reaction in school.
       (4) Teenagers and young adults with food allergies are at 
     the highest risk of fatal food-induced anaphylaxis.
       (5) Individuals with food allergies who also have asthma 
     may be at increased risk for severe or fatal food allergy 
     reactions.
       (6) Studies have shown that 25 percent of epinephrine 
     administrations in schools involve individuals with a 
     previously unknown allergy.
       (7) The National Institute of Allergy and Infectious 
     Diseases (``NIAID'') has reported that delays in the 
     administration of epinephrine to patients in anaphylaxis can 
     result in rapid decline and death. NIAID recommends that 
     epinephrine be given promptly to treat anaphylaxis.
       (8) Physicians can provide standing orders to furnish a 
     school with epinephrine for injection, and several States 
     have passed laws to authorize this practice.
       (9) The American Academy of Allergy, Asthma, and Immunology 
     recommends that epinephrine injectors should be included in 
     all emergency medical treatment kits in schools.
       (10) The American Academy of Pediatrics recommends that an 
     anaphylaxis kit should be kept with medications in each 
     school and made available to trained staff for administration 
     in an emergency.
       (11) According to the Food Allergy and Anaphylaxis Network, 
     there are no contraindications to the use of epinephrine for 
     a life-threatening reaction.

     SEC. 3. PREFERENCE FOR STATES REGARDING ADMINISTRATION OF 
                   EPINEPHRINE BY SCHOOL PERSONNEL.

       Section 399L of the Public Health Service Act (42 U.S.C. 
     280g(d)) is amended--
       (1) in subsection (a), by redesignating the second 
     paragraph (2) and paragraph (3) as paragraphs (3) and (4), 
     respectively; and
       (2) by striking subsection (d) and inserting the following:
       ``(d) Preference for States Regarding Medication to Treat 
     Asthma and Anaphylaxis.--
       ``(1) Preference.--The Secretary, in making any grant under 
     this section or any other grant that is asthma-related (as 
     determined by the Secretary) to a State, shall give 
     preference to any State that satisfies each of the following 
     requirements:
       ``(A) Self-administration of medication.--
       ``(i) In general.--The State shall require that each public 
     elementary school and secondary school in that State will 
     grant to any student in the school an authorization for the 
     self-administration of medication to treat that student's 
     asthma or anaphylaxis, if--

       ``(I) a health care practitioner prescribed the medication 
     for use by the student during school hours and instructed the 
     student in the correct and responsible use of the medication;
       ``(II) the student has demonstrated to the health care 
     practitioner (or such practitioner's designee) and the school 
     nurse (if available) the skill level necessary to use the 
     medication and any device that is necessary to administer 
     such medication as prescribed;
       ``(III) the health care practitioner formulates a written 
     treatment plan for managing asthma or anaphylaxis episodes of 
     the student and for medication use by the student during 
     school hours; and
       ``(IV) the student's parent or guardian has completed and 
     submitted to the school any written documentation required by 
     the school, including the treatment plan formulated under 
     subclause (III) and other documents related to liability.

       ``(ii) Scope.--An authorization granted under clause (i) 
     shall allow the student involved to possess and use the 
     student's medication--

       ``(I) while in school;
       ``(II) while at a school-sponsored activity, such as a 
     sporting event; and
       ``(III) in transit to or from school or school-sponsored 
     activities.

       ``(iii) Duration of authorization.--An authorization 
     granted under clause (i)--

       ``(I) shall be effective only for the same school and 
     school year for which it is granted; and
       ``(II) must be renewed by the parent or guardian each 
     subsequent school year in accordance with this subsection.

       ``(iv) Backup medication.--The State shall require that 
     backup medication, if provided by a student's parent or 
     guardian, be kept at a student's school in a location to 
     which the student has prompt access in the event of an asthma 
     or anaphylaxis emergency.
       ``(v) Maintenance of information.--The State shall require 
     that information described in clauses (i)(III) and (i)(IV) be 
     kept on file at the student's school in a location easily 
     accessible in the event of an asthma or anaphylaxis 
     emergency.
       ``(vi) Rule of construction.--Nothing in this subparagraph 
     creates a cause of action or in any other way increases or 
     diminishes the liability of any person under any other law.
       ``(B) School personnel administration of epinephrine.--
       ``(i) In general.--The State shall require that each public 
     elementary school and secondary school in the State--

       ``(I) permit authorized personnel to administer epinephrine 
     to any student believed in good faith to be having an 
     anaphylactic reaction; and
       ``(II) maintain in a secure and easily accessible location 
     a supply of epinephrine that--

       ``(aa) are prescribed under a standing protocol from a 
     licensed physician; and
       ``(bb) are accessible to authorized personnel for 
     administration to a student having an anaphylactic reaction.
       ``(ii) Liability and state law.--

       ``(I) Good samaritan law.--The State shall have a State law 
     ensuring that elementary school and secondary school 
     employees and agents, including a physician providing a 
     prescription for school epinephrine, will incur no liability 
     related to the administration of epinephrine to any student 
     believed in good faith to be having an anaphylactic reaction, 
     except in the case of willful or wanton conduct.
       ``(II) State law.--Nothing in this subparagraph shall be 
     construed to preempt State law, including any State law 
     regarding whether students with allergy or asthma may possess 
     and self-administer medication.

       ``(2) Definitions.--For purposes of this subsection:

[[Page 17883]]

       ``(A) The terms `elementary school' and `secondary school' 
     have the meaning given to those terms in section 9101 of the 
     Elementary and Secondary Education Act of 1965.
       ``(B) The term `health care practitioner' means a person 
     authorized under law to prescribe drugs subject to section 
     503(b) of the Federal Food, Drug, and Cosmetic Act.
       ``(C) The term `medication' means a drug as that term is 
     defined in section 201 of the Federal Food, Drug, and 
     Cosmetic Act and includes inhaled bronchodilators and 
     epinephrine.
       ``(D) The term `self-administration' means a student's 
     discretionary use of his or her prescribed asthma or 
     anaphylaxis medication, pursuant to a prescription or written 
     direction from a health care practitioner.
       ``(E) The term `authorized personnel' means the school 
     nurse or, if the school nurse is absent, an individual who 
     has been designated by the school nurse and has received 
     training in the administration of epinephrine.''.
                                 ______
                                 
      By Mr. LEAHY (for himself, Mr. Grassley, Mr. Bennet, and Mr. 
        Blumenthal):
  S. 1886. A bill to prevent trafficking in counterfeit drugs; to the 
Committee on the Judiciary.
  Mr. LEAHY. Mr. President, few things are more important to consumer 
well being than ensuring the safety of our pharmaceutical supply chain. 
Yet today, the penalties for counterfeit drug offenses are outdated and 
insufficient to deter this epidemic problem. As a result, counterfeit 
medicines reportedly lead to 100,000 deaths globally each year, with 
upwards of 90 percent of drug sales estimated to be counterfeit.
  Similarly, few things are more important to the American economy and 
long-term job creation than protecting our companies' intellectual 
property. Yet businesses manufacturing and selling counterfeit drugs 
reportedly generate more than $75 billion in annual revenue. This means 
lost profits for American businesses and lost jobs for American 
workers. Such staggering numbers would be unacceptable in any economic 
climate, and they are devastating today.
  Combating the sale of counterfeit drugs is increasingly difficult. 
Whether it is the prevalence of Internet pharmacies, or the new and 
sophisticated methods of manufacturing, packaging and distributing 
counterfeit drugs, the obstacles to safeguarding the pharmaceutical 
supply chain in today's economy are many. As a result, large 
counterfeit drug enterprises are being funded on the backs of 
consumers, both in Vermont and around the country, whose health and 
safety are at stake.
  Under current law, it is illegal to introduce counterfeit drugs into 
interstate commerce, but the penalties are no different than those 
assessed for trafficking other counterfeit products, such as handbags 
or sneakers. While the manufacture and sale of any counterfeit product 
is a serious crime, counterfeit medication poses a grave danger to 
public health that warrants a harsher punishment. Legislation is needed 
to raise counterfeit drug penalties to a level commensurate with the 
severity of the offense in order to deter an epidemic problem.
  Today, I am introducing the bipartisan Counterfeit Drug Penalty 
Enhancement Act, which will raise the maximum penalties for counterfeit 
drug offenses, and direct the United States Sentencing Commission to 
consider amending its guidelines and policy statements to reflect the 
serious nature of these crimes.
  This legislation will protect the safety of American consumers, and 
the investment that American pharmaceutical companies make in 
developing the quality medicines that lead to reputable brands. 
Ensuring patient safety and combating intellectual property theft are 
not uniquely Democratic or Republican priorities, these are bipartisan 
priorities, and I hope that we can quickly take up and consider this 
much needed legislation.
  We should not expect that enactment of this or any legislation will 
completely deter this serious problem. But this bill is an important 
step towards countering a problem that harms American consumers, 
American businesses, and American jobs.
  I thank Senator Grassley and Senator Bennet for working with me on 
this legislation, and I look forward to working with all Senators to 
pass this important, bipartisan legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1886

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Counterfeit Drug Penalty 
     Enhancement Act of 2011''.

     SEC. 2. COUNTERFEIT DRUG PREVENTION.

       Section 2320(a) of title 18, United States Code, is 
     amended--
       (1) by redesignating paragraph (2) as paragraph (3);
       (2) by inserting after paragraph (1) the following:
       ``(2) Counterfeit drugs.--
       ``(A) In general.--Whoever commits an offense in violation 
     of paragraph (1) with respect to a drug (as defined in 
     section 201 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 321)) shall--
       ``(i) if an individual, be fined not more than $4,000,000, 
     imprisoned not more than 20 years, or both; and
       ``(ii) if a person other than an individual, be fined not 
     more than $10,000,000.
       ``(B) Multiple offenses.--In the case of an offense by a 
     person under this paragraph that occurs after that person is 
     convicted of another offense under this paragraph, the person 
     convicted--
       ``(i) if an individual, shall be fined not more than 
     $8,000,000, imprisoned not more than 20 years, or both; and
       ``(ii) if other than an individual, shall be fined not more 
     than $20,000,000.''; and
       (3) in paragraph (3)(B), as redesignated, by striking 
     ``paragraph (1)'' and inserting ``paragraph (1) or (2)''.

     SEC. 3. SENTENCING COMMISSION DIRECTIVE.

       (a) Directive to Sentencing Commission.--Pursuant to its 
     authority under section 994(p) of title 28, United States 
     Code, and in accordance with this section, the United States 
     Sentencing Commission shall review and amend, if appropriate, 
     its guidelines and its policy statements applicable to 
     persons convicted of an offense under section 2320(a)(2) of 
     title 18, United States Code, in order to reflect the intent 
     of Congress that such penalties be increased in comparison to 
     those currently provided by the guidelines and policy 
     statements.
       (b) Requirements.--In carrying out this section, the 
     Commission shall--
       (1) ensure that the sentencing guidelines and policy 
     statements reflect the intent of Congress that the guidelines 
     and policy statements reflect the serious nature of the 
     offenses described in subsection (a) and the need for an 
     effective deterrent and appropriate punishment to prevent 
     such offenses;
       (2) consider the extent to which the guidelines may or may 
     not appropriately account for the potential and actual harm 
     to the public resulting from the offense;
       (3) assure reasonable consistency with other relevant 
     directives and with other sentencing guidelines;
       (4) account for any additional aggravating or mitigating 
     circumstances that might justify exceptions to the generally 
     applicable sentencing ranges;
       (5) make any necessary conforming changes to the sentencing 
     guidelines; and
       (6) assure that the guidelines adequately meet the purposes 
     of sentencing as set forth in section 3553(a)(2) of title 18, 
     United States Code.
                                 ______
                                 
      By Mr. FRANKEN (for himself, Ms. Collins, and Ms. Mikulski):
  S. 1892. A bill to protect the housing rights of victims of domestic 
violence, dating violence, sexual assault, and stalking, and for other 
purposes; to the Committee on Banking, Housing, and Urban Affairs.
  Mr. FRANKEN. Mr. President, nobody should have to choose between 
safety and shelter. Yet 48 percent of homeless women in Minnesota 
previously had stayed in abusive situations because they did not have 
safe housing options available to them. Twenty-nine percent of homeless 
adult women in my State are fleeing domestic violence, and more than 
half of those women are living with children. That simply is not 
acceptable.
  This problem is not unique to Minnesota. Far from it. National 
studies establish an undeniable link between homelessness and domestic 
and sexual violence. By one account, two in five women who experience 
domestic violence will become homeless at some point in their lives.
  Not surprisingly, once a woman becomes homeless, she becomes 
vulnerable to further violence and exploitation. In fact, nine in ten 
homeless women have experienced severe physical or sexual abuse. During 
a hearing

[[Page 17884]]

last week, the Executive Director of the Minnesota Indian Women's 
Resource Center explained that perpetrators of sexual violence often 
prey on homeless women.
  Of course, we all know that this problem is not about statistics. It 
is about the real people with real stories who are behind the numbers. 
It is about the woman in California who was evicted for ``causing a 
nuisance'' after the police responded to an incident of domestic 
violence in her Low Income Housing Tax Credit unit--where she was the 
victim.
  It is about the mother of five in Florida who received a termination 
notice after her ex-husband broke down her door and assaulted her. It 
is about the 83-year-old woman in Minnesota who was threatened with 
eviction from her Section 202 housing unit because of disturbances 
caused by her abuser.
  Though the link between homelessness and domestic and sexual violence 
is undeniable, it is not unbreakable. Advocates across the country work 
tirelessly to ensure that victims of domestic and sexual violence have 
the shelter and support they need. Local law enforcement officials and 
prosecutors are dedicated to ending the cycle of abuse and 
homelessness. Property owners, too, often work with victims, advocates, 
and local authorities to find solutions to the problem.
  Here in Congress, we have made efforts to break the link between 
domestic and sexual violence and homelessness as well. The 2005 
Violence Against Women Act included important protections that made it 
unlawful to deny someone housing assistance under certain federal 
prorams just because the individual is a victim of domestic violence, 
dating violence, or stalking. From conversations with experts in 
Minnesota, I know that those protections have been invaluable.
  The Violence Against Women Act is now up for reauthorization. That 
occasion provides us an opportunity to build on the successes of the 
2005 bill and to address its shortcomings. That is why today I have 
introduced the Housing Rights for Victims of Domestic and Sexual 
Violence Act. This bill is for every woman who has hesitated to call 
the police to enforce a protective order because she was afraid that 
she would be evicted if she did so. The bill rests on the simple 
premise that a woman should not lose her home just because she is a 
victim of domestic or sexual violence.
  The Violence Against Women Act currently protects tenants of only two 
federal housing programs--those provided under Sections 6 and 8 of the 
U.S. Housing Act of 1937. These protections were an important first 
step. But we can do better. A woman's rights should not depend on the 
type of housing assistance she receives.
  So my bill extends VAWA's housing protections to the Low Income 
Housing Tax Credit program, the Rural Housing Services program, the 
Housing Opportunities for Persons with AIDS program, the Section 811 
Supportive Housing Program for persons with disabilities, and five 
additional Federal housing programs. The Congressional Research Service 
estimates that the bill will cover more than 4 million housing units 
that are not included in existing law.
  In addition, current law fails to secure housing rights for victims 
of sexual assault. My bill fixes that problem. It makes it unlawful to 
deny a woman federally assisted housing just because she is a victim of 
sexual assault. As the National Alliance to End Sexual Violence 
explains, too many victims become homeless as a result of sexual 
assault, and, once homeless, they are further to sexual victimization. 
My bill recognizes that victims of sexual assault require safe housing 
just as do victims of domestic violence, dating violence, and 
stalking--groups that already are covered by existing law.
  My bill also takes an important new step toward ensuring that victims 
of domestic and sexual violence do not end up on the streets. It 
requires managers of federally supported housing units to adopt 
emergency transfer policies for women who would be in imminent danger 
were they to stay in their current homes. Under these policies, a 
victim of domestic or sexual violence could move to safe, federally 
subsidized housing unit instead of staying in harm's way.
  I am proud to introduce this legislation with Senator Collins and 
Senator Mikulski, both of whom are true champions of women's rights. 
Both are advocates for victims of domestic and sexual vio1ence. In 
2005, both cosponsored the Violenc Against Women Act reauthorization 
bill. They were leaders in this area then, and they have stepped 
forward to lead again today. I thank them for their help.
  The Housing Rights for Victims of Domestic and Sexual Violence Act is 
preventive, proven, and precedented.
  It is preventive because it will keep women and children in their 
homes at a time when they are vulnerable--when they need a roof over 
their heads the most. It is no secret that shelters and transitional 
housing programs are overextended. This legislation addresses a 
victim's housing needs before she becomes homeless and requires those 
services.
  The protections contained in the bill are proven. Advocacy groups 
from Minnesota and throughout the country--the people most familiar 
with the problem--have weighed in on this bill. It already has been 
endorsed by 23 organizations, including the National Network to End 
Domestic Violence, the National Alliance to End Sexual Violence, the 
National Women's Law Center, the National Housing Law Project, and the 
National Low Income Housing Coalition.
  The bill is unprecedented, too. We are not reinventing the wheel 
here. The bill builds upon housing protections that were incduded in 
the 2005 VAWA reauthorization bill, which passed the Senate with 
unanimous consent and was signed into law by President George W. Bush. 
Though many say the political climate here in Washington has changed 
for the worse in the years since then, I am hopeful that the goals 
underlying VAWA once again will transcend partisanship.
  We have worked together to address the unique housing needs facing 
domestic and sexual violence victims in the past. We need to do so 
again today.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1892

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Housing Rights for Victims 
     of Domestic and Sexual Violence Act of 2011''.

     SEC. 2. DENIAL OR TERMINATION OF ASSISTANCE AND EVICTION 
                   PROTECTIONS.

       (a) Amendment.--Subtitle N of the Violence Against Women 
     Act of 1994 (42 U.S.C. 14043e et seq.) is amended--
       (1) by inserting after the subtitle heading the following:

                     ``CHAPTER 1--GRANT PROGRAMS'';

       (2) in section 41402 (42 U.S.C. 14043e-1), in the matter 
     preceding paragraph (1), by striking ``subtitle'' and 
     inserting ``chapter'';
       (3) in section 41403 (42 U.S.C. 14043e-2), in the matter 
     preceding paragraph (1), by striking ``subtitle'' and 
     inserting ``chapter''; and
       (4) by adding at the end the following:

                      ``CHAPTER 2--HOUSING RIGHTS

     ``SEC. 41411. HOUSING RIGHTS FOR VICTIMS OF DOMESTIC 
                   VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND 
                   STALKING.

       ``(a) Definitions.--In this chapter:
       ``(1) Appropriate agency.--The term `appropriate agency' 
     means, with respect to a covered housing program, the 
     Executive department (as defined in section 101 of title 5, 
     United States Code) that carries out the covered housing 
     program.
       ``(2) Covered housing program.--The term `covered housing 
     program' means--
       ``(A) the program under section 202 of the Housing Act of 
     1959 (12 U.S.C. 1701q);
       ``(B) the program under section 811 of the Cranston-
     Gonzalez National Affordable Housing Act (42 U.S.C. 8013);
       ``(C) the program under subtitle D of title VIII of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     12901 et seq.);
       ``(D) the program under subtitle A of title IV of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et 
     seq.);
       ``(E) the program under subtitle A of title II of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     12741 et seq.);
       ``(F) the program under paragraph (3) of section 221(d) of 
     the National Housing Act (12 U.S.C. 1715l(d)) that bears 
     interest at a rate determined under the proviso under 
     paragraph (5) of such section 221(d);
       ``(G) the program under section 236 of the National Housing 
     Act (12 U.S.C. 1715z-1);

[[Page 17885]]

       ``(H) the programs under sections 8 and 9 of the United 
     States Housing Act of 1937 (42 U.S.C. 1437f and 1437g);
       ``(I) rural housing assistance provided under sections 514, 
     515, 516, 533, and 538 of the Housing Act of 1949 (42 U.S.C. 
     1484, 1485, 1486, 1490m, and 1490p-2); and
       ``(J) the low income housing tax credit program under 
     section 42 of the Internal Revenue Code of 1986.
       ``(3) Immediate family member.--The term `immediate family 
     member' means, with respect to an individual--
       ``(A) a spouse, parent, brother, sister, or child of that 
     individual, or an individual to whom such individual stands 
     in loco parentis;
       ``(B) any individual living in the household of such 
     individual who is related to such individual by blood or 
     marriage; or
       ``(C) any individual living in the household of such 
     individual who is related to such individual by affinity 
     whose close association or intimate relationship with such 
     individual is the equivalent of a family relationship.
       ``(b) Prohibited Basis for Denial or Termination of 
     Assistance or Eviction.--
       ``(1) In general.--An applicant for or tenant of housing 
     assisted under a covered housing program may not be denied 
     admission to, denied assistance under, terminated from 
     participation in, or evicted from the housing on the basis 
     that the applicant or tenant is or has been a victim of 
     domestic violence, dating violence, sexual assault, or 
     stalking, if the applicant or tenant otherwise qualifies for 
     admission, assistance, participation, or occupancy.
       ``(2) Construction of lease terms.--An incident of actual 
     or threatened domestic violence, dating violence, sexual 
     assault, or stalking shall not be construed as--
       ``(A) a serious or repeated violation of a lease for 
     housing assisted under a covered housing program by the 
     victim or threatened victim of such incident; or
       ``(B) good cause for terminating the assistance, tenancy, 
     or occupancy rights to housing assisted under a covered 
     housing program of the victim or threatened victim of such 
     incident.
       ``(3) Termination on the basis of criminal activity.--
       ``(A) Denial of assistance, tenancy, and occupancy rights 
     prohibited.--No person may deny assistance, tenancy, or 
     occupancy rights to housing assisted under a covered housing 
     program to a tenant solely on the basis of criminal activity 
     directly relating to domestic violence, dating violence, 
     sexual assault, or stalking that is engaged in by a member of 
     the household of the tenant or any guest or other person 
     under the control of the tenant, if the tenant or an 
     immediate family member of the tenant is the victim or 
     threatened victim of such domestic violence, dating violence, 
     sexual assault, or stalking.
       ``(B) Bifurcation.--
       ``(i) In general.--Notwithstanding subparagraph (A), an 
     owner or manager of housing assisted under a covered housing 
     program may bifurcate a lease for the housing in order to 
     evict, remove, or terminate assistance to any individual who 
     is a tenant or lawful occupant of the housing and who engages 
     in criminal activity directly relating to domestic violence, 
     dating violence, sexual assault, or stalking against an 
     immediate family member or other individual, without 
     evicting, removing, terminating assistance to, or otherwise 
     penalizing a victim of such criminal activity who is also a 
     tenant or lawful occupant of the housing.
       ``(ii) Effect of eviction on other tenants.--If an owner or 
     manager of housing assisted under a covered housing program 
     evicts, removes, or terminates assistance to an individual 
     under clause (i), and the individual is the sole tenant 
     eligible to receive assistance under a covered housing 
     program, the owner or manager of housing assisted under the 
     covered housing program shall provide any remaining tenant an 
     opportunity to establish eligibility for the covered housing 
     program. If a tenant described in the preceding sentence 
     cannot establish eligibility, the owner or manager of the 
     housing shall provide the tenant a reasonable time, as 
     determined by the appropriate agency, to find new housing or 
     to establish eligibility for housing under another covered 
     housing program.
       ``(C) Rule of construction.--Nothing in subparagraph (A) 
     shall be construed--
       ``(i) to limit the authority of an owner or manager of 
     housing assisted under a covered housing program, when 
     notified of a court order, to comply with a court order with 
     respect to--

       ``(I) the rights of access to or control of property, 
     including civil protection orders issued to protect a victim 
     of domestic violence, dating violence, sexual assault, or 
     stalking; or
       ``(II) the distribution or possession of property among 
     members of a household in a case;

       ``(ii) to limit any otherwise available authority of an 
     owner or manager of housing assisted under a covered housing 
     program to evict or terminate assistance to a tenant for any 
     violation of a lease not premised on the act of violence in 
     question against the tenant or an immediate family member of 
     the tenant, if the owner or manager does not subject an 
     individual who is or has been a victim of domestic violence, 
     dating violence, or stalking to a more demanding standard 
     than other tenants in determining whether to evict or 
     terminate;
       ``(iii) to limit the authority to terminate assistance to a 
     tenant or evict a tenant from housing assisted under a 
     covered housing program if the owner or manager of the 
     housing can demonstrate that an actual and imminent threat to 
     other tenants or individuals employed at or providing service 
     to the property would be present if the assistance is not 
     terminated or the tenant is not evicted; or
       ``(iv) to supersede any provision of any Federal, State, or 
     local law that provides greater protection than this section 
     for victims of domestic violence, dating violence, sexual 
     assault, or stalking.
       ``(c) Documentation.--
       ``(1) Request for documentation.--If an applicant for or 
     tenant of housing assisted under a covered housing program 
     represents to the owner or manager of the housing that the 
     individual is entitled to protection under subsection (b), 
     the owner or manager may request, in writing, that the tenant 
     submit to the owner or manager a form of documentation 
     described in paragraph (3).
       ``(2) Failure to provide certification.--If a tenant does 
     not provide the documentation requested under paragraph (1) 
     within 14 business days after the tenant receives a request 
     in writing for such certification from the owner or manager 
     of the housing, nothing in this chapter may be construed to 
     limit the authority of the owner or manager to evict any 
     tenant or lawful occupant that commits violations of a lease. 
     The owner or manager of the housing may extend the 14-day 
     deadline at its discretion.
       ``(3) Form of documentation.--A form of documentation 
     described in this paragraph is--
       ``(A) a certification form approved by the appropriate 
     agency that--
       ``(i) states that an applicant or tenant is a victim of 
     domestic violence, dating violence, sexual assault, or 
     stalking;
       ``(ii) states that the incident of domestic violence, 
     dating violence, sexual assault, or stalking that is the 
     ground for protection under subsection (b) meets the 
     requirements under subsection (b); and
       ``(iii) at the option of the applicant or tenant, includes 
     the name of the individual who committed the domestic 
     violence, dating violence, sexual assault, or stalking;
       ``(B) a document that--
       ``(i) is signed by--

       ``(I) an employee, agent, or volunteer of a victim service 
     provider, an attorney, a medical professional, or a mental 
     health professional from whom an applicant or tenant has 
     sought assistance relating to domestic violence, dating 
     violence, sexual assault, or stalking, or the effects of the 
     abuse; and
       ``(II) the applicant or tenant; and

       ``(ii) states under penalty of perjury that the individual 
     described in clause (i)(I) believes that the incident of 
     domestic violence, dating violence, sexual assault, or 
     stalking that is the ground for protection under subsection 
     (b) meets the requirements under subsection (b);
       ``(C) a record of a Federal, State, tribal, territorial, or 
     local law enforcement agency, court, or administrative 
     agency; or
       ``(D) at the discretion of an owner or manager of housing 
     assisted under a covered housing program, a statement or 
     other evidence provided by an applicant or tenant.
       ``(4) Confidentiality.--Any information submitted to an 
     owner or manager under this subsection, including the fact 
     that an individual is a victim of domestic violence, dating 
     violence, sexual assault, or stalking shall be maintained in 
     confidence by the owner or manager and may not be entered 
     into any shared database or disclosed to any other entity or 
     individual, except to the extent that the disclosure is--
       ``(A) requested or consented to by the individual in 
     writing;
       ``(B) required for use in an eviction proceeding under 
     subsection (b); or
       ``(C) otherwise required by applicable law.
       ``(5) Documentation not required.--Nothing in this 
     subsection shall be construed to require an owner or manager 
     of housing assisted under a covered housing program to 
     request that an individual submit documentation of the status 
     of the individual as a victim of domestic violence, dating 
     violence, sexual assault, or stalking.
       ``(6) Compliance not sufficient to constitute evidence of 
     unreasonable act.--Compliance with subsection (b) by an owner 
     or manager of housing assisted under a covered housing 
     program based on documentation received under this subsection 
     shall not be sufficient to constitute evidence of an 
     unreasonable act or omission by the owner or manager or an 
     employee or agent of the owner or manager. Nothing in this 
     paragraph shall be construed to limit the liability of an 
     owner or manager of housing assisted under a covered housing 
     program for failure to comply with subsection (b).
       ``(7) Preemption.--Nothing in this subsection shall be 
     construed to supersede any provision of any Federal, State, 
     or local law that provides greater protection than this 
     subsection for victims of domestic violence, dating violence, 
     sexual assault, or stalking.
       ``(d) Notification.--Each owner or manager of housing 
     assisted under a covered housing program shall provide to 
     each applicant for or tenant of such housing notice of

[[Page 17886]]

     the rights of individuals under this section, including the 
     right to confidentiality and the limits thereof, together 
     with the form described in subsection (c)(3)(A)--
       ``(1) at the time the individual applies to live in a 
     dwelling unit assisted under the covered housing program;
       ``(2) at the time the individual is admitted to a dwelling 
     unit assisted under the covered housing program;
       ``(3) with any notification of eviction or notification of 
     termination of assistance;
       ``(4) in multiple languages, consistent with guidance 
     issued by the Secretary of Housing and Urban Development in 
     accordance with Executive Order 13166 (42 U.S.C. 2000d-1 
     note; relating to access to services for persons with limited 
     English proficiency); and
       ``(5) by posting the notification in a public area of such 
     housing.
       ``(e) Emergency Transfers.--Notwithstanding any other 
     provision of law, each owner or manager of housing assisted 
     under a covered program shall adopt an emergency transfer 
     policy for tenants who are victims of domestic violence, 
     dating violence, sexual assault, or stalking that--
       ``(1) allows tenants who are victims of domestic violence, 
     dating violence, sexual assault, or stalking to transfer to 
     another available and safe dwelling unit assisted under a 
     covered housing program if--
       ``(A) the tenant expressly requests the transfer; and
       ``(B)(i) the tenant reasonably believes that the tenant is 
     threatened with imminent harm from further violence if the 
     tenant remains within the same dwelling unit assisted under a 
     covered housing program; or
       ``(ii) in the case of a tenant who is a victim of sexual 
     assault, the sexual assault occurred on the premises during 
     the 90 day period preceding the request for transfer; and
       ``(2) incorporates reasonable confidentiality measures to 
     ensure that the owner or manager does not disclose the 
     location of the dwelling unit of a tenant to a person that 
     commits an act of domestic violence, dating violence, sexual 
     assault, or stalking against the tenant.
       ``(f) Policies and Procedures for Emergency Transfer.--The 
     Secretary of Housing and Urban Development shall establish 
     policies and procedures under which a victim requesting an 
     emergency transfer under subsection (e) may receive, subject 
     to the availability of tenant protection vouchers, assistance 
     under section 8(o) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(o)).
       ``(g) Implementation.--The appropriate agency with respect 
     to each covered housing program shall implement this section, 
     as this section applies to the covered housing program.''.
       (b) Conforming Amendments.--
       (1) Section 6.--Section 6 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437d) is amended--
       (A) in subsection (c)--
       (i) by striking paragraph (3); and
       (ii) by redesignating paragraphs (4) and (5) as paragraphs 
     (3) and (4), respectively;
       (B) in subsection (l)--
       (i) in paragraph (5), by striking ``, and that an incident 
     or incidents of actual or threatened domestic violence, 
     dating violence, or stalking will not be construed as a 
     serious or repeated violation of the lease by the victim or 
     threatened victim of that violence and will not be good cause 
     for terminating the tenancy or occupancy rights of the victim 
     of such violence''; and
       (ii) in paragraph (6), by striking ``; except that'' and 
     all that follows through ``stalking.''; and
       (C) by striking subsection (u).
       (2) Section 8.--Section 8 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437f) is amended--
       (A) in subsection (c), by striking paragraph (9);
       (B) in subsection (d)(1)--
       (i) in subparagraph (A), by striking ``and that an 
     applicant or participant is or has been a victim of domestic 
     violence, dating violence, or stalking is not an appropriate 
     basis for denial of program assistance or for denial of 
     admission if the applicant otherwise qualifies for assistance 
     or admission''; and
       (ii) in subparagraph (B)--

       (I) in clause (ii), by striking ``, and that an incident or 
     incidents of actual or threatened domestic violence, dating 
     violence, or stalking will not be construed as a serious or 
     repeated violation of the lease by the victim or threatened 
     victim of that violence and will not be good cause for 
     terminating the tenancy or occupancy rights of the victim of 
     such violence''; and
       (II) in clause (iii), by striking ``, except that:'' and 
     all that follows through ``stalking.'';

       (C) in subsection (f)--
       (i) in paragraph (6), by adding ``and'' at the end;
       (ii) in paragraph (7), by striking the semicolon at the end 
     and inserting a period; and
       (iii) by striking paragraphs (8), (9), (10), and (11);
       (D) in subsection (o)--
       (i) in paragraph (6)(B), by striking the last sentence;
       (ii) in paragraph (7)--

       (I) in subparagraph (C), by striking ``and that an incident 
     or incidents of actual or threatened domestic violence, 
     dating violence, or stalking shall not be construed as a 
     serious or repeated violation of the lease by the victim or 
     threatened victim of that violence and shall not be good 
     cause for terminating the tenancy or occupancy rights of the 
     victim of such violence''; and
       (II) in subparagraph (D), by striking ``; except that'' and 
     all that follows through ``stalking.''; and

       (iii) by striking paragraph (20);
       (E) by striking subsection (ee).
       (3) Rule of construction.--Nothing in this Act, or the 
     amendments made by this Act, shall be construed--
       (A) to limit the rights or remedies available to any person 
     under section 6 or 8 of the United States Housing Act of 1937 
     (42 U.S.C. 1437d and 1437f), as in effect on the day before 
     the date of enactment of this Act; or
       (B) to limit any right, remedy, or procedure otherwise 
     available under any provision of part 5, 91, 880, 882, 883, 
     884, 886, 891, 903, 960, 966, 982, or 983 of title 24, Code 
     of Federal Regulations, that--
       (i) was issued under the Violence Against Women and 
     Department of Justice Reauthorization Act of 2005 (Public Law 
     109-162; 119 Stat. 2960) or an amendment made by that Act; 
     and
       (ii) provides greater protection for victims of domestic 
     violence, dating violence, sexual assault, and stalking than 
     this Act.
                                 ______
                                 
      By Mr. REED:
  S. 1893. A bill to amend titles 5, 10, and 32, United States Code, to 
eliminate inequities in the treatment of National Guard technicians, to 
reduce the eligibility age for retirement for non-Regular service, and 
for other purposes; to the Committee on Armed Services.
  Mr. REED. Mr. President, today I introduce the National Guard 
Technician Equity Act to correct inconsistencies in the dual-status 
technician program.
  Over 48,000 National Guard dual-status technicians serve our Nation. 
They are a distinct group of workers, as civilians, they work for the 
reserve components, performing administrative duties, providing 
training, and maintaining and repairing equipment. However, as a 
condition of their civilian position, they are also required to 
maintain military status, attending weekend drills and annual training, 
deploying to Iraq and Afghanistan, and responding to domestic disasters 
and emergencies, thereby creating their ``dual-status.''
  Because of their unique position, dual-status technicians are caught 
between the provisions that govern the federal civilian workforce and 
the military in numerous ways. First, under existing law, a dual-status 
technician who is no longer fit for military duty must be fired from 
their technician position, even if they are still fully capable of 
performing their civilian duties. This bill would give technicians the 
option of remaining in their civilian position if they have 20 years of 
service as a dual-status technician. This way we will retain the 
experience and skills of these dedicated employees.
  Second, dual-status technicians do not have the same appeal rights as 
most other federal employees, including those civilians in other 
Department of Defense positions. Federal employees who are covered by a 
collective bargaining agreement have the right to file a grievance and 
proceed to arbitration, or file a case with the Merit Systems 
Protection Board, MSPB, a neutral Federal agency. Dual-status 
technicians may appeal to the Adjutant General in their state, but not 
to any neutral third party. This bill would allow them to also appeal 
to the MSPB for grievances unrelated to their military service.
  Third, most reserve component members are able to obtain health care 
coverage through the TRICARE Reserve Select program. However, dual-
status technicians are ineligible, despite their mandatory military 
status and reserve service, because they can participate in the Federal 
Employees Health Benefit Program, FEHBP. FEHBP plans can be more 
expensive than TRICARE Reserve Select, thereby adding costs and 
limiting health care options for these Guard technicians. My 
legislation simply calls for the Department of Defense to study the 
feasibility of converting the coverage for National Guard dual-status 
technicians from FEHBP to TRICARE Reserve Select.
  The National Guard Technician Equity Act also corrects other 
inconsistencies by providing greater civilian and military retirement 
parity, providing eligibility to retain certain

[[Page 17887]]

military bonuses and benefits, and increasing leave time for required 
military training.
  I urge my colleagues to support and cosponsor the National Guard 
Technician Equity Act. I will also be working to include provisions of 
this bill in the National Defense Authorization Act, which the Senate 
has begun to consider, and I hope my colleagues can work together on 
this effort.
  Mr. President, I ask unanimous consent that this bill be printed in 
the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1893

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Guard Technician 
     Equity Act''.

     SEC. 2. TITLES 10 AND 32, UNITED STATES CODE, AMENDMENTS 
                   REGARDING NATIONAL GUARD TECHNICIANS AND 
                   RELATED PROVISIONS.

       (a) Authority To Employ Technician as Non-Dual Status 
     Technician After 20 Years of Creditable Service.--Subsection 
     (c) of section 709 of title 32, United States Code, is 
     amended to read as follows:
       ``(c) A person shall have the right to be employed under 
     subsection (a) as a non-dual status technician (as defined by 
     section 10217 of title 10) if--
       ``(1) the technician position occupied by the person has 
     been designated by the Secretary concerned to be filled only 
     by a non-dual status technician; or
       ``(2) the person occupying the technician position has at 
     least 20 years of creditable service as a military technician 
     (dual status).''.
       (b) Exception to Dual-Status Employment Condition of 
     Membership in Selected Reserve.--Section 10216 of title 10, 
     United States Code, is amended--
       (1) in subsection (a)(1)(B), by inserting ``subject to 
     subsection (d),'' before ``is required''; and
       (2) in subsection (d)(1), by striking ``Unless specifically 
     exempted by law'' and inserting ``Except as provided in 
     section 709(c)(2) of title 32 or as otherwise specifically 
     exempted by law''.
       (c) Continued Compensation After Loss of Membership in 
     Selected Reserve.--Subsection (e) of section 10216 of title 
     10, United States Code, is amended to read as follows:
       ``(e) Continued Compensation After Loss of Membership in 
     Selected Reserve.--Funds appropriated for the Department of 
     Defense may continue to be used to provide compensation to a 
     military technician who was hired as a military technician 
     (dual status), but who is no longer a member of the Selected 
     Reserve.''.
       (d) Repeal of Permanent Limitations on Number of Non-Dual 
     Status Technicians.--Section 10217 of title 10, United States 
     Code, is amended by striking subsection (c).
       (e) Technician Restricted Right of Appeal and Adverse 
     Actions Covered.--
       (1) Rights of grievance, arbitration, appeal, and review 
     beyond ag.--Section 709 of title 32, United States Code, is 
     amended--
       (A) in subsection (f)--
       (i) in the matter preceding paragraph (1), by striking 
     ``Notwithstanding any other provision of law and under'' and 
     inserting ``Under''; and
       (ii) in paragraph (4), by striking ``a right of appeal'' 
     and inserting ``subject to subsection (j), a right of 
     appeal''; and
       (B) by adding at the end the following new subsection:
       ``(j)(1) Notwithstanding subsection (f)(4) or any other 
     provision of law, a technician and a labor organization that 
     is the exclusive representative of a bargaining unit 
     including the technician shall have the rights of grievance, 
     arbitration, appeal, and review extending beyond the adjutant 
     general of the jurisdiction concerned and to the Merit 
     Systems Protection Board and thereafter to the United States 
     Court of Appeals for the Federal Circuit, in the same manner 
     as provided in sections 4303, 7121, and 7701-7703 of title 5, 
     with respect to a performance-based or adverse action 
     imposing removal, suspension for more than 14 days, furlough 
     for 30 days or less, or reduction in pay or pay band (or 
     comparable reduction).
       ``(2) This subsection does not apply to a technician who is 
     serving under a temporary appointment or in a trial or 
     probationary period.''.
       (2) Adverse actions covered.--Section 709(g) of title 32, 
     United States Code, is amended by striking ``7511, and 
     7512''.
       (3) Conforming amendment.--Section 7511(b) of title 5, 
     United States Code, is amended--
       (A) by striking paragraph (5); and
       (B) by redesignating paragraphs (6) through (10) as 
     paragraphs (5) through (9), respectively.
       (f) Technician Seniority Rights During RIF.--Subsection (g) 
     of section 709 of title 32, United States Code, as amended by 
     subsection (e)(2), is amended to read as follows:
       ``(g) Section 2108 of title 5 does not apply to a person 
     employed under this section.''.
       (g) Availability of Certain Enlistment, Reenlistment, and 
     Student Loan Benefits for Military Technicians.--Section 
     10216 of title 10, United States Code, is amended by adding 
     at the end the following new subsection:
       ``(h) Eligibility for Bonuses and Other Benefits.--(1) If 
     an individual becomes employed as a military technician (dual 
     status) while the individual is already a member of a reserve 
     component, the Secretary concerned may not require the 
     individual to repay any enlistment, reenlistment, or 
     affiliation bonus provided to the individual in connection 
     with the individual's enlistment or reenlistment before such 
     employment.
       ``(2) Even though an individual employed as a military 
     technician (dual status) is required as a condition of that 
     employment to maintain membership in the Selected Reserve, 
     the individual shall not be precluded from receiving an 
     enlistment, reenlistment, or affiliation bonus nor be denied 
     the opportunity to participate in an educational loan 
     repayment program under chapter 1609 of this title as an 
     additional incentive for the individual to accept and 
     maintain such membership''.
       (h) Repeal of Prohibition Against Overtime Pay for National 
     Guard Technicians.--Section 709(h) of title 32, United States 
     Code, is amended by striking the second sentence and 
     inserting the following new sentence: ``The Secretary 
     concerned shall pay a technician for irregular or overtime 
     work at a rate equal to one and one-half times the rate of 
     basic pay applicable to the technician, except that, at the 
     request of the technician, the Secretary may grant the 
     technician, instead of such pay, an amount of compensatory 
     time off from the technician's scheduled tour of duty equal 
     to the amount of time spent in such irregular or overtime 
     work.''.

     SEC. 3. TITLE 5, UNITED STATES CODE, AMENDMENTS REGARDING 
                   NATIONAL GUARD TECHNICIANS AND RELATED 
                   PROVISIONS.

       (a) Lowering Retirement Age.--
       (1) Amendment to fers.--Subsection (c) of section 8414 of 
     title 5, United States Code, is amended to read as follows:
       ``(c)(1) Under the circumstances described in paragraph 
     (2), an employee who is separated from service as a military 
     technician (dual status) is entitled to an annuity if the 
     separation is by reason of either--
       ``(A) separating from the Selected Reserve; or
       ``(B) ceasing to hold the military grade specified by the 
     Secretary concerned for the position involved.
       ``(2) Except as provided in paragraph (3), paragraph (1) 
     applies to a military technician (dual status) who is 
     separated--
       ``(A) after completing 25 years of service as such a 
     technician, or
       ``(B) after becoming 50 years of age and completing 20 
     years of service as such a technician.
       ``(3) Paragraph (1) does not apply if separation or removal 
     is for cause on charges of misconduct or delinquency.''.
       (2) Amendment to csrs.--Section 8336 of title 5, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(q)(1) Under the circumstances described in paragraph 
     (2), an employee who is separated from service as a military 
     technician (dual status) is entitled to an annuity if the 
     separation is by reason of either--
       ``(A) separating from the Selected Reserve; or
       ``(B) ceasing to hold the military grade specified by the 
     Secretary concerned for the position involved.
       ``(2) Except as provided in paragraph (3), paragraph (1) 
     applies to a military technician (dual status) who is 
     separated--
       ``(A) after completing 25 years of service as such a 
     technician, or
       ``(B) after becoming 50 years of age and completing 20 
     years of service as such a technician.
       ``(3) Paragraph (1) does not apply if separation or removal 
     is for cause on charges of misconduct or delinquency.''.
       (b) Adequate Leave Time for Military Activations.--Section 
     6323(a)(1) of title 5, United States Code, is amended by 
     striking the last sentence and inserting the following new 
     sentence: ``Leave under this subsection accrues for an 
     employee or individual at the rate of 30 days per fiscal year 
     and, to the extent that such leave is not used by the 
     employee or individual during the fiscal year accrued, 
     accumulates without limitation for use in succeeding fiscal 
     years.''.
       (c) Improved Health Care Benefits.--
       (1) FEHBP changes.--Subparagraph (B) of section 8906(e)(3) 
     of title 5, United States Code, is amended to read as 
     follows:
       ``(B) An employee referred to in subparagraph (A) is an 
     employee who--
       ``(i) is enrolled in a health benefits plan under this 
     chapter;
       ``(ii) is a member of a reserve component of the Armed 
     Forces;
       ``(iii) is placed on leave without pay or separated from 
     service to perform the active duty or other duties described 
     in clause (iv); and
       ``(iv) is called or ordered to--
       ``(I) active duty in support of a contingency operation (as 
     defined in section 101(a)(13) of title 10);

[[Page 17888]]

       ``(II) active duty for a period of more than 30 consecutive 
     days;
       ``(III) active duty under section 12406 of title 10;
       ``(IV) perform training or other duties described under 
     paragraph (1) or (2) of section 502(f) of title 32; or
       ``(V) while not in Federal service, perform duties related 
     to an emergency declared by the chief executive of a State, 
     the District of Columbia, the Commonwealth of Puerto Rico, or 
     a territory or possession of the United States.''.
       (2) Study and report.--
       (A) In general.--Within 6 months after the date of the 
     enactment of this Act, the Secretary of Defense and the 
     Director of the Office of Personnel Management shall jointly 
     conduct a study and submit to Congress a report--
       (i) evaluating the feasibility of converting military 
     technicians from FEHBP coverage to coverage provided under 
     the TRICARE or TRICARE Reserve Select program (or both); and
       (ii) identifying any problems associated with the 
     conversion of military technicians from FEHBP coverage to 
     coverage provided under chapter 55 of title 10, United States 
     Code, during contingency operations.
       (B) Definitions.--For purposes of this subsection--
       (i) the term ``FEHBP coverage'' means coverage provided 
     under chapter 89 of title 5, United States Code; and
       (ii) the term ``contingency operation'' has the meaning 
     given that term in section 101(a)(13) of title 10, United 
     States Code.

     SEC. 4. REDUCTION IN ELIGIBILITY AGE FOR RETIREMENT FOR NON-
                   REGULAR SERVICE.

       Section 12731(f) of title 10, United States Code, is 
     amended by striking ``60 years of age'' both places it 
     appears and inserting ``55 years of age''.
                                 ______
                                 
      By Mr. SCHUMER (for himself, Mr. Whitehouse, Mr. Graham, Mr. Kyl, 
        Mr. Hatch, and Mr. Cornyn):
  S. 1894. A bill to deter terrorism, provide justice for victims, and 
for other purposes, to the Committee on the Judiciary.
  Mr. SCHUMER. Mr. President, I rise today to introduce the Justice 
Against Sponsors of Terrorism Act, or JASTA. JASTA is a bipartisan 
effort to make modest changes to the Foreign Sovereign Immunities Act, 
or FSIA, and the Anti-Terrorism Act, or ATA, in order to ensure that 
the victims of terrorism in the United States can hold the foreign 
sponsors of that terrorism to account in American courts.
  I am especially proud to be introducing this measure with such a 
bipartisan and diverse group of Judiciary Committee colleagues: Myself 
and Senator Whitehouse on the Democratic side, and Senators Graham, 
Hatch, Kyl, and Cornyn on the Republican side.
  This legislation has become necessary due to flawed court decisions 
that have deprived the victims of terrorism on American soil, including 
those injured by the terrorist attacks of September 11, 2001, of their 
day in court. Unfortunately, and contrary to the clear intent of 
Congress, some courts have concluded that Americans who were injured 
due to terrorist attacks in the United States have no recourse against 
the foreign states that sponsor those attacks. This conclusion is 
contrary to the plain language of the FSIA and ATA, and it is bad 
policy.
  Let me explain the legal background. Originally passed in 1976, the 
FSIA abrogates the sovereign immunity of foreign countries and permits 
suit against them in Federal court when, among other things, a foreign 
country or its instrumentalities commit a tort that results in injury 
on our soil, this is known as the ``tort exception'' to the FSIA. In 
addition, the ATA authorizes suit in Federal court by any U.S. national 
injured ``by reason of an act of international terrorism'' and permits 
the recovery of damages in U.S. courts.
  Thus, taken together, the FSIA and ATA were designed to enable 
terrorism victims to bring suit against foreign states and terror 
sponsors when they support terrorism against the United States. I am 
introducing this bill because I want the survivors of the 9/11 tragedy 
to have their day in court--and they were deprived of this by a court 
ruling that contorted the language and purpose of the FSIA and the ATA. 
As we all know, nearly 3,000 innocent victims died that day, and the 
Nation suffered $10 billion in property and other commercial damage 
alone--all at the hands of al-Qaeda and its funders.
  In 2002, these plaintiffs sued, among other defendants, the Kingdom 
of Saudi Arabia, several Saudi officials, and a purported charity under 
the control of the Kingdom known as the Saudi High Commission for 
Relief of Bosnia and Herzegovina. Substantial evidence establishes that 
these defendants had provided funding and sponsorship to al-Qaeda 
without which it could not have carried out the attacks.
  But the Second Circuit threw out this case, based on two flawed 
conclusions. First, the court ruled that the tort exception to the FSIA 
did not apply, and barred their case because the Saudi entities and 
individuals were not on the State Department's list. Second, the court 
ruled that there was no personal jurisdiction over the Saudis because 
while they certainly could ``foresee'' that their support would lead to 
terrorist acts, they did not ``direct'' the terrorist acts. There is 
another reason that I am introducing this bill. I am introducing this 
bill because we need to cut off the flow of money to terrorists by 
shutting down the reservoir--not just turning off the faucet. We need 
to use every tool at our disposal to hit terrorism at its very root, 
including the United States Federal courts.
  You don't have to take my word for it. This focus on terrorist 
financing channels has been a major national security priority since 
the September 11 attacks. As the Treasury Department's former Under 
Secretary for Terrorism and Financial Intelligence has observed, ``the 
terrorist operative who is willing to strap on a suicide belt is not 
susceptible to deterrence, but the individual donor who wants to 
support violent jihad may well be,'' Testimony of Stuart Levey, Under 
Secretary for Terrorism and Financial Intelligence, before the Senate 
Committee on Finance, April 1, 2008.
  It should be clear that the public interest is served when American 
citizens have the right to seek compensation for their injuries and 
that this right serves a dual purpose of deterring bad conduct. Yet we 
are here today introducing this bill, JASTA, because the courts have 
misconstrued our statutes.
  Before closing, let me address one concern I have heard that deserves 
a response. There are those who worry that restoring Americans' right 
to bring these suits will interfere with our foreign affairs. I simply 
do not think that is the case. First of all, if Americans have been 
injured in the United States by foreign terrorism, they have the right 
to seek redress. But it is also important to remember that this law 
does not prevent the Executive Branch from espousing claims brought by 
Americans against foreign states and settling them through an executive 
agreement. This is an executive authority that has been recognized and 
utilized going back to the administration of George Washington, and 
nothing in JASTA interferes with it. Nothing in this act would 
interfere with the execution of our foreign policy.
  To conclude, JASTA will restore the rights of the victims of 
terrorism and deter international terrorist financing, and it will have 
the related benefit of enabling the victims of the September 11 Attacks 
to proceed with their case, as Congress had intended. It does so 
without in any way threatening sensitive National security or 
diplomatic priorities of the nation. In fact, it makes the Nation 
stronger.
  I urge my colleagues to support these modest, but critical, 
amendments.
                                 ______
                                 
      By Mr. CASEY:
  S. 1897. A bill to amend Public Law 101-377 to revise the boundaries 
of the Gettysburg National Military Park to include the Gettysburg 
Train Station, and for other purposes, to the Committee on Energy and 
Natural Resources.
  Mr. CASEY. Mr. President, this Saturday, November 19, marks the 148 
Anniversary of the Gettysburg Address. In this address, President 
Abraham Lincoln famously said, ``The world will little note nor long 
remember what we say here, but it can never forget what they did here. 
It is for us the living rather to be dedicated here to the unfinished 
work which they who fought here have thus far so nobly advanced.

[[Page 17889]]

It is rather for us to be here dedicated to the great task remaining 
before us--that from these honored dead we take increased devotion to 
that cause for which they gave the last full measure of devotion--that 
we here highly resolve that these dead shall not have died in vain, 
that this nation under God shall have a new birth of freedom, and that 
government of the people, by the people, for the people shall not 
perish from the earth.''
  In advance of this important historic occasion, I am introducing the 
Gettysburg National Military Park Expansion Act. If enacted, this 
legislation would expand the boundaries of Gettysburg National Military 
Park to include the historic Gettysburg Railroad Station and an 
additional 45 acres of land at the southern end of the battlefield. 
Through these acquisitions, the between 1.5 to 3 million people that 
visit Gettysburg each year will enjoy a more complete experience. 
Passage of this legislation is very important, especially right now as 
the Park prepares for the 150 Anniversary of the Battle of Gettysburg.
  The Gettysburg Railroad Station, which is also known as the Lincoln 
Train Station, is located in downtown Gettysburg, Pennsylvania. It was 
built in 1858 and is listed in the National Register of Historic 
Places. During the Battle of Gettysburg, the building served as a train 
station to transport thousands of troops and also as a hospital. 
Perhaps more important historically, this station was the site to which 
President Lincoln arrived on the day before he delivered the Gettysburg 
Address in 1863. This station is currently operated by the National 
Trust for Historic Gettysburg and is open to the public year round. It 
also serves as the home to the Pennsylvania Abraham Lincoln 
Bicentennial Commission, which organized and held events in 2009 to 
commemorate the 200th anniversary of Lincoln's birth. The station was 
renovated in 2006 using state grant money to serve as an information 
and orientation center, but currently does not serve as such because of 
a lack of funds to manage its day-to-day operations. The Gettysburg 
Borough Council voted in 2008 to transfer the station to the National 
Park Service so that it could be used as a visitor center for tourists 
coming to the Gettysburg area.
  The Gettysburg National Military Park Expansion Act would also expand 
the boundary of the Gettysburg National Military Park to include 45 
acres of land at the southern end of the battlefield. This area is both 
historically and environmentally significant. It was where cavalry 
skirmishes during the Battle for Gettysburg occurred and is also home 
to wetlands and wildlife habitat related to the Plum Run stream that 
runs through the National Park. The forty five acres were donated in 
April of 2009 and as a result no federal funding or land acquisition 
would be required to obtain the property and incorporate it into the 
National Park.
  The Gettysburg National Military Park Expansion Act would help 
preserve different sites that are historically significant while 
protecting the environment. The Civil War was a monumental moment in 
our Nation's history and because of this we must take steps to preserve 
the area's historical sites.
                                 ______
                                 
      By Mr. KIRK (for himself and Mr. Durbin):
  S. 1902. A bill to authorize the Secretary of the Interior to conduct 
a special resource study of the archeological site and surrounding land 
of the New Philadelphia town site in the State of Illinois, and for 
other purposes; to the Committee on Energy and Natural Resources.
  Mr. KIRK. Mr. President, today I am pleased to join with Senator 
Durbin to introduce a bill in support of New Philadelphia, the first 
town founded by a freed African-American. This bipartisan legislation 
would initiate a feasibility study in order to determine whether or not 
this area should be designated as a unit of the National Park System.
  The town of New Philadelphia, Illinois, established in 1836, became 
the first known town platted and officially registered by an African-
American prior to the Civil War. New Philadelphia became a place where 
European Americans, free-born African-Americans, and formerly enslaved 
individuals could live together in community during a time of intense 
racial strife that transpired before, during, and after the Civil War.
  Frank McWorter, the founder of New Philadelphia and a former slave 
himself, saved money from neighboring labor jobs to purchase his own 
freedom and the freedom of fifteen other family members. Subsequently, 
Mr. McWorter purchased a sparse plot of land between the Illinois and 
Mississippi Rivers in Pike County, Illinois to establish the town of 
New Philadelphia, which also became a station along the Underground 
Railroad.
  In 2005, the town of New Philadelphia is designated a National 
Historic Place and more recently, it was designated a National Historic 
Landmark in 2009. Being designated a unit of the National Park System 
will preserve the historical significance of New Philadelphia and allow 
its legacy to continue to inspire current and future generations to 
understand the struggle for freedom and opportunity.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1902

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``New Philadelphia, Illinois, 
     Study Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) Frank McWorter, an enslaved man, bought his freedom and 
     the freedom of 15 family members by mining for crude niter in 
     Kentucky caves and processing the mined material into 
     saltpeter;
       (2) New Philadelphia, founded in 1836 by Frank McWorter, 
     was the first town planned and legally registered by a free 
     African-American before the Civil War;
       (3) the first railroad constructed in the area of New 
     Philadelphia bypassed New Philadelphia, which led to the 
     decline of New Philadelphia; and
       (4) the New Philadelphia site--
       (A) is a registered National Historic Landmark;
       (B) is covered by farmland; and
       (C) does not contain any original buildings of the town or 
     the McWorter farm and home that are visible above ground.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Study area.--The term ``Study Area'' means the New 
     Philadelphia archeological site and the surrounding land in 
     the State of Illinois.

     SEC. 4. SPECIAL RESOURCE STUDY.

       (a) Study.--The Secretary shall conduct a special resource 
     study of the Study Area.
       (b) Contents.--In conducting the study under subsection 
     (a), the Secretary shall--
       (1) evaluate the national significance of the Study Area;
       (2) determine the suitability and feasibility of 
     designating the Study Area as a unit of the National Park 
     System;
       (3) consider other alternatives for preservation, 
     protection, and interpretation of the Study Area by--
       (A) Federal, State, or local governmental entities; or
       (B) private and nonprofit organizations;
       (4) consult with--
       (A) interested Federal, State, or local governmental 
     entities;
       (B) private and nonprofit organizations; or
       (C) any other interested individuals; and
       (5) identify cost estimates for any Federal acquisition, 
     development, interpretation, operation, and maintenance 
     associated with the alternatives considered under paragraph 
     (3).
       (c) Applicable Law.--The study required under subsection 
     (a) shall be conducted in accordance with section 8 of Public 
     Law 91-383 (16 U.S.C. 1a-5).
       (d) Report.--Not later than 3 years after the date on which 
     funds are first made available for the study under subsection 
     (a), the Secretary shall submit to the Committee on Natural 
     Resources of the House of Representatives and the Committee 
     on Energy and Natural Resources of the Senate a report 
     containing--
       (1) the results of the study; and
       (2) any conclusions and recommendations of the Secretary.
       (e) Funding.--The study authorized under this section shall 
     be carried out using existing funds of the National Park 
     Service.

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