[Congressional Record Volume 151, Number 44 (Thursday, April 14, 2005)]
[Senate]
[Pages S3655-S3688]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. KYL (for himself, Mr. Cornyn, and Mr. Coburn):
  S. 783. A bill to repeal the sunset on the 2004 material-support 
enhancements, to increase penalties for providing material support to 
terrorist groups, to bar from the United States aliens who have 
received terrorist training, and for other purposes; to the Committee 
on the Judiciary.
  Mr. KYL. Mr. President, I rise today to introduce the Material 
Support to Terrorism Prohibition Improvements Act of 2005.
  Mr. Barry Sabin, the Chief of the Counterterrorism Section of the 
Justice Department's Criminal Division, testified as to the importance 
of the material support statute at a September 13 hearing before the 
Terrorism Subcommittee last year. He emphasized that:

     a key element of the [Justice] Department's strategy for 
     winning the war against terrorism has been to use the 
     material support statutes to prosecute aggressively those 
     individuals who supply terrorists with the support and 
     resources they need to survive. The Department seeks to 
     identify and apprehend terrorists before they can carry out 
     their plans, and the material support statutes are a valuable 
     tool for prosecutors seeking to bring charges against and 
     incapacitate terrorists before they are able to cause death 
     and destruction.

  The bill that I introduce today expands current law's exclusion from 
the United States of persons who give material support to terrorism by 
training at a terrorist camp. The bill makes such persons inadmissible 
to the United States, they now only are deportable, and applies these 
exclusions to pre-enactment terrorist training. Mr. Sabin described at 
last year's hearing the threat posed by persons who have receive 
training at a terrorist camp:

       A danger is posed to the vital foreign policy interests and 
     national security of the United States whenever a person 
     knowingly receives military-type training from a designated 
     terrorist organization or persons acting on its behalf. Such 
     an individual stands ready to further the malicious intent of 
     the terrorist organization through terrorist activity that 
     threatens the security of United States nationals or the 
     national security of the United States.

  My bill would ensure that such persons not only are removed from the 
United States once they are found

[[Page S3656]]

here, but also are prevented from entering this country in the first 
place.
  Today's bill also repeals a 2006 sunset on several recent 
clarifications that were made to the material-support statute in order 
to address vagueness concerns expressed by some courts. At the 
September 13 Terrorism Subcommittee hearing, George Washington 
University law professor Jonathan Turley said of the original 
legislative proposal to clarify the statute: ``[t]his proposal would 
actually improve the current federal law by correcting gaps and 
ambiguities that have led to recent judicial reversals. In that sense, 
the proposal can be viewed as a slight benefit to civil liberties by 
removing a dangerous level of ambiguity in the law.''
  There is no reason why this important provision, and other 
improvements to the material-support statute made in last year's 9/11 
Commission bill, should be allowed to expire at the end of this 
Congress. This bill would make these improvements permanent.
  I ask unanimous consent that the text of the bill and a section by 
section analysis be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 783

       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 ``Material Support to 
     Terrorism Prohibition Improvements Act of 2005''.

     SEC. 2. REPEAL OF SUNSET ON 2004 MATERIAL-SUPPORT 
                   ENHANCEMENTS.

       Section 6603(g) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (18 U.S.C. 2332b note) is repealed.

     SEC. 3. BARRING ENTRY TO THE UNITED STATES FOR 
                   REPRESENTATIVES AND MEMBERS OF TERRORIST GROUPS 
                   AND ALIENS WHO HAVE RECEIVED MILITARY-TYPE 
                   TRAINING FROM TERRORIST GROUPS.

       Section 212(a)(3)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)(3)(B)) is amended--
       (1) in clause (i)--
       (A) in subclause (IV), by amending item (aa) to read as 
     follows:

       ``(aa) a terrorist organization as defined in clause (vi), 
     or''.

       (B) by striking subclause (V) and inserting the following:
       ``(V) is a member of a terrorist organization--

       ``(aa) described in subclause (I) or (II) of clause (vi); 
     or
       ``(bb) described in clause (vi)(III), unless the alien can 
     demonstrate by clear and convincing evidence that the alien 
     did not know, and should not reasonably have known, that the 
     organization was a terrorist organization,''.

       (C) in subclause (VI), by striking ``or'' at the end;
       (D) in subclause (VII), by inserting ``or'' at the end; and
       (E) by inserting after subclause (VII) the following:
       ``(VIII) has received military-type training (as defined in 
     section 2339D(c)(1) of title 18, United States Code) from, or 
     on behalf of, any organization that, at the time the training 
     was received, was a terrorist organization,''; and
       (2) in clause (vi), by striking ``clause (i)(VI)'' and 
     inserting ``subclauses (VI) and (VIII) of clause (i)''.

     SEC. 4. EXPANDED REMOVAL FROM THE UNITED STATES OF ALIENS WHO 
                   HAVE RECEIVED MILITARY-TYPE TRAINING FROM 
                   TERRORIST GROUPS.

       Section 237(a)(4)(E) of the Immigration and Nationality Act 
     (8 U.S.C. 1227(a)(4)(E)) is amended to read as follows:
       ``(E) Recipient of military-type training.--Any alien who 
     has received military-type training (as defined in section 
     2339D(c)(1) of title 18, United States Code) from or on 
     behalf of any organization that, at the time the training was 
     received, was a terrorist organization (as defined in section 
     212(a)(3)(B)(vi)), is deportable.''.

     SEC. 5. BARRING ENTRY TO AND REMOVING TERRORIST ALIENS FROM 
                   THE UNITED STATES BASED ON PRE-ENACTMENT 
                   TERRORIST CONDUCT.

       The amendments made by sections 3 and 4 of this Act shall 
     apply to--
       (1) all aliens subject to removal, deportation, or 
     exclusion at any time; and
       (2) acts and conditions constituting a ground for 
     inadmissibility, excludability, deportation, or removal 
     occurring or existing before, on, or after the date of 
     enactment of this Act.

     SEC. 6. INCREASED PENALTIES FOR PROVIDING MATERIAL SUPPORT TO 
                   TERRORIST GROUPS.

       (a) Providing Material Support to Terrorists.--Section 
     2339A(a) of title 18, United States Code, is amended by 
     striking ``, imprisoned not more than 15 years,'' and all 
     that follows through ``life.'' and inserting ``and imprisoned 
     for not less than 5 years and not more than 25 years, and, if 
     the death of any person results, shall be imprisoned for not 
     less than 15 years or for life.''.
       (b) Providing Material Support or Resources to Designated 
     Foreign Terrorist Organizations.--Section 2339B(a) of title 
     18, United States Code, is amended by striking ``or 
     imprisoned not more than 15 years,'' and all that follows 
     through ``life.'' and inserting ``and imprisoned for not less 
     than 5 years and not more than 25 years, and, if the death of 
     any person results, shall be imprisoned for not less than 15 
     years or for life.''.
       (c) Receiving Military-type Training From a Foreign 
     Terrorist Organization.--Section 2339D of title 18, United 
     States Code, is amended by striking ``or imprisoned for ten 
     years, or both.'' and inserting ``and imprisoned for not less 
     than 3 years and not more than 15 years.''.
                                  ____

       Section 1. Bill Title. ``Material Support to Terrorism 
     Prohibition Improvements Act of 2005.''
       Section 2. Repeal of Sunset on 2004 Material-Support 
     Enhancements. Section 6603 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (the 9/11 Commission Act) 
     includes important provisions that expand and clarify the 
     material-support statutes (18 U.S.C. Sec. Sec.  2339A & 
     2339B). These provisions clarify the definitions of the terms 
     ``personnel'', ``training'', and ``expert advice or 
     assistance,'' in order to correct void-for-vagueness problems 
     identified by the Ninth Circuit; expand the jurisdictional 
     bases for material-support offenses; clarify the definition 
     of ``material support;'' and clarify that the United States 
     need only show that a defendant knew that the organization to 
     which he gave material support either engaged in terrorism or 
     was designated as a terror group--thus overruling the Ninth 
     Circuit's conclusion that the United States also must show 
     that the defendant knew of the particular terrorist activity 
     that caused an organization to be designated as a terror 
     group. All of these changes are set to expire on December 31, 
     2006, pursuant to subsection 6603(g) of the 9/11 Commission 
     Act. This section of this Act repeals subsection (g), making 
     the 2004 material-support enhancements permanent.
       Section 3. Barring Entry to the United States for 
     Representatives and Members of Terrorist Groups and Aliens 
     Who Have Received Military-Type Training from Terrorist 
     Groups. This section bars entry to the United States for any 
     alien who has received military-type training from a either a 
     terrorist group that is designated as such by the Secretary 
     of State, or from an undesignated terrorist group. (These 
     groups are defined in 8 U.S.C. Sec.  1182(a)(3)(B)(vi). An 
     undesignated terrorist group is a group that commits or 
     incites terrorist activity with the intent to cause serious 
     bodily injury, prepares or plans terrorist activity, or 
     gathers information on potential targets for terrorist 
     activity.) This section would correct a deficiency in current 
     law, which makes aliens who receive military-type terror 
     training deportable but does not make them inadmissible. 
     Aliens who receive training in violent activity from a 
     terrorist group are not allowed to remain in the United 
     States--they should not be permitted to enter the United 
     States in the first place. This section also bars entry to 
     the United States for aliens who are representatives or 
     members of either designated or undesignated terrorist 
     organizations, though members of undesignated terror groups 
     may avoid exclusion if they can show by clear and convincing 
     evidence that they did not know, and should not reasonably 
     have known, that the organization to which they belonged was 
     a terrorist organization.
       Section 4. Expanded Removal from the United States of 
     Aliens Who Have Received Military-Type Training from 
     Terrorist Groups. Under current law, an alien is deportable 
     if he has received military-type training from a terrorist 
     group that is designated as such by the Secretary of State. 
     See 8 U.S.C. Sec.  1227(a)(4)(E). This section also makes 
     deportable an alien who has received military-type training 
     from an undesignated terrorist group. (See Section 3 above 
     for definition of undesignated terror group.)
       Section 5. Barring Entry to and Removing Terrorist Aliens 
     from the United States Based on Pre-Enactment Terrorist 
     Conduct. This section makes clear that the terrorist-alien 
     deportation and exclusion provisions in sections 3 and 4 of 
     this Act apply to terrorist activity that the alien engaged 
     in before the enactment of this Act. Congress indisputably 
     has the authority to bar and remove aliens from the United 
     States based on past terrorist conduct. See Lehmann v. U.S. 
     ex rel. Carson, 353 U.S. 685, 690 (1957) (``It seems to us 
     indisputable, therefore, that Congress was legislating 
     retrospectively, as it may do, to cover offenses of the kind 
     here involved.'' (emphasis added; citations omitted)). Under 
     this section, an alien who received military-type training 
     from a terrorist group in Afghanistan in 2001 would be barred 
     from entering or remaining in the United States.
       Section 6. Increased Penalties for Providing Material 
     Support to Terrorist Groups. Under current law, providing 
     material support to a terrorist group is a criminal offense 
     that is punishable by zero to 15 years' imprisonment, or zero 
     to life if death results. Receiving military-type training 
     from a terrorist group is punishable by zero to 10

[[Page S3657]]

      years in prison. Under the Supreme Court's recent decision 
     in United States v. Booker, 125 S.Ct. 738 (January 12, 2005), 
     the federal sentencing guidelines' prescriptions no longer 
     are mandatory--district judges now have discretion to impose 
     little or no jail time for material-support offenses. Booker/
     Fanfan also limits the appellate courts' ability to correct a 
     district judge's failure to impose jail time for a material-
     support offense. This section increases the penalties for 
     material-support offenses to 5-25 years' imprisonment, with 
     15 years to life if death results, and raises the military-
     type-training penalty to 3-15 years' imprisonment. These 
     enhanced penalties reflect both the gravity of the offense of 
     providing material support to a terrorist group, and the 
     heightened importance, since the terrorist attacks of 
     September 11, 2001, of deterring individuals from providing 
     aid and comfort to terrorist organizations.
                                 ______
                                 
      By Mr. THOMAS (for himself and Mrs. Lincoln):
  S. 784. A bill to amend title XVIII of the Social Security Act to 
provide for the coverage of marriage and family therapist services and 
mental health counselor services under part B of the medicare program, 
and for other purposes; to the Committee on Finance.
  Mr. THOMAS. Mr. President, I am pleased to rise today to introduce 
the ``Seniors Mental Health Access Improvement Act of 2005'' with my 
distinguished colleague from Arkansas, Mrs. Lincoln. Specifically, the 
``Seniors Mental Health Access Improvement Act of 2005'' permits mental 
health counselors and marriage and family therapists to bill Medicare 
for services provided to seniors. This will result in an increased 
choice of mental health providers for seniors and enhance their ability 
to access mental health services in their communities.
  This legislation is especially crucial to rural seniors who are often 
forced to travel long distances to utilize the services of mental 
health providers currently recognized by the Medicare program. Rural 
communities have difficulty recruiting and retaining providers, 
especially mental health providers. In many small towns, a mental 
health counselor or a marriage and family therapist is the only mental 
health care provider in the area. Medicare law--as it exists today--
compounds the situation because only psychiatrists, clinical 
psychologists, clinical social workers and clinical nurse specialists 
are able to bill Medicare for their services.
  It is time the Medicare program recognized the qualifications of 
mental health counselors and marriage and family therapists as well as 
the critical role they play in the mental health care infrastructure. 
These providers go through rigorous training, similar to the curriculum 
of masters level social workers, and yet are excluded from the Medicare 
program.
  Particularly troubling to me is the fact that seniors have 
disproportionally higher rates of depression and suicide than other 
populations. Additionally, 75 percent of the 518 nationally designated 
Mental Health Professional Shortage Areas are located in rural areas 
and one-fifth of all rural counties have no mental health services of 
any kind. Frontier counties have even more drastic numbers as 95 
percent do not have a psychiatrist, 68 percent do not have a 
psychologist and 78 percent do not have a social worker. It is quite 
obvious we have an enormous task ahead of us to reduce these staggering 
statistics. Providing mental health counselors and marriage and family 
therapists the ability to bill Medicare for their services is a key 
part of the solution.
  Virtually all of Wyoming is designated a mental health professional 
shortage area and will greatly benefit from this legislation. Wyoming 
has 174 psychologists, 37 psychiatrists and 263 clinical social workers 
for a total of 474 Medicare eligible mental health providers. Enactment 
of the ``Seniors Mental Health Access Improvement Act of 2005'' will 
more than double the number of mental health providers available to 
seniors in my State with the addition of 528 mental health counselors 
and 61 marriage and family therapists currently licensed in the State.
  I believe this legislation is critically important to the health and 
well-being of our Nation's seniors and I strongly urge all my 
colleagues to become a cosponsor.
  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. 784

       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 ``Seniors Mental Health Access 
     Improvement Act of 2005''.

     SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES 
                   AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART 
                   B OF THE MEDICARE PROGRAM.

       (a) Coverage of Services.--
       (1) In general.--Section 1861(s)(2) of the Social Security 
     Act (42 U.S.C. 1395x(s)(2)) is amended--
       (A) in subparagraph (Y), by striking ``and'' after the 
     semicolon at the end;
       (B) in subparagraph (Z), by inserting ``and'' after the 
     semicolon at the end; and
       (C) by adding at the end the following new subparagraph:
       ``(AA) marriage and family therapist services (as defined 
     in subsection (bbb)(1)) and mental health counselor services 
     (as defined in subsection (bbb)(3));''.
       (2) Definitions.--Section 1861 of the Social Security Act 
     (42 U.S.C. 1395x) is amended by adding at the end the 
     following new subsection:

     ``Marriage and Family Therapist Services; Marriage and Family 
  Therapist; Mental Health Counselor Services; Mental Health Counselor

       ``(bbb)(1) The term `marriage and family therapist 
     services' means services performed by a marriage and family 
     therapist (as defined in paragraph (2)) for the diagnosis and 
     treatment of mental illnesses, which the marriage and family 
     therapist is legally authorized to perform under State law 
     (or the State regulatory mechanism provided by State law) of 
     the State in which such services are performed, as would 
     otherwise be covered if furnished by a physician or as an 
     incident to a physician's professional service, but only if 
     no facility or other provider charges or is paid any amounts 
     with respect to the furnishing of such services.
       ``(2) The term `marriage and family therapist' means an 
     individual who--
       ``(A) possesses a master's or doctoral degree which 
     qualifies for licensure or certification as a marriage and 
     family therapist pursuant to State law;
       ``(B) after obtaining such degree has performed at least 2 
     years of clinical supervised experience in marriage and 
     family therapy; and
       ``(C) in the case of an individual performing services in a 
     State that provides for licensure or certification of 
     marriage and family therapists, is licensed or certified as a 
     marriage and family therapist in such State.
       ``(3) The term `mental health counselor services' means 
     services performed by a mental health counselor (as defined 
     in paragraph (4)) for the diagnosis and treatment of mental 
     illnesses which the mental health counselor is legally 
     authorized to perform under State law (or the State 
     regulatory mechanism provided by the State law) of the State 
     in which such services are performed, as would otherwise be 
     covered if furnished by a physician or as incident to a 
     physician's professional service, but only if no facility or 
     other provider charges or is paid any amounts with respect to 
     the furnishing of such services.
       ``(4) The term `mental health counselor' means an 
     individual who--
       ``(A) possesses a master's or doctor's degree in mental 
     health counseling or a related field;
       ``(B) after obtaining such a degree has performed at least 
     2 years of supervised mental health counselor practice; and
       ``(C) in the case of an individual performing services in a 
     State that provides for licensure or certification of mental 
     health counselors or professional counselors, is licensed or 
     certified as a mental health counselor or professional 
     counselor in such State.''.
       (3) Provision for payment under part b.--Section 
     1832(a)(2)(B) of the Social Security Act (42 U.S.C. 
     1395k(a)(2)(B)) is amended by adding at the end the following 
     new clause:
       ``(v) marriage and family therapist services and mental 
     health counselor services;''.
       (4) Amount of payment.--Section 1833(a)(1) of the Social 
     Security Act (42 U.S.C. 1395l(a)(1)) is amended--
       (A) by striking ``and (V)'' and inserting ``(V)''; and
       (B) by inserting before the semicolon at the end the 
     following: ``, and (W) with respect to marriage and family 
     therapist services and mental health counselor services under 
     section 1861(s)(2)(AA), the amounts paid shall be 80 percent 
     of the lesser of the actual charge for the services or 75 
     percent of the amount determined for payment of a 
     psychologist under subparagraph (L)''.
       (5) Exclusion of marriage and family therapist services and 
     mental health counselor services from skilled nursing 
     facility prospective payment system.--Section 
     1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 
     1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and 
     family therapist services (as defined in section 
     1861(bbb)(1)), mental health counselor services (as defined 
     in section 1861(bbb)(3)),'' after ``qualified psychologist 
     services,''.

[[Page S3658]]

       (6) Inclusion of marriage and family therapists and mental 
     health counselors as practitioners for assignment of 
     claims.--Section 1842(b)(18)(C) of the Social Security Act 
     (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end 
     the following new clauses:
       ``(vii) A marriage and family therapist (as defined in 
     section 1861(bbb)(2)).
       ``(viii) A mental health counselor (as defined in section 
     1861(bbb)(4)).''.
       (b) Coverage of Certain Mental Health Services Provided in 
     Certain Settings.--
       (1) Rural health clinics and federally qualified health 
     centers.--Section 1861(aa)(1)(B) of the Social Security Act 
     (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a 
     clinical social worker (as defined in subsection (hh)(1)),'' 
     and inserting ``, by a clinical social worker (as defined in 
     subsection (hh)(1)), by a marriage and family therapist (as 
     defined in subsection (bbb)(2)), or by a mental health 
     counselor (as defined in subsection (bbb)(4)),''.
       (2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of 
     the Social Security Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) 
     is amended by inserting ``or one marriage and family 
     therapist (as defined in subsection (bbb)(2))'' after 
     ``social worker''.
       (c) Authorization of Marriage and Family Therapists to 
     Develop Discharge Plans for Post-Hospital Services.--Section 
     1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 
     1395x(ee)(2)(G)) is amended by inserting ``marriage and 
     family therapist (as defined in subsection (bbb)(2)),'' after 
     ``social worker,''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to services furnished on or after 
     January 1, 2006.
                                 ______
                                 
      By Mr. SANTORUM:
  S. 786. A bill to clarify the duties and responsibilities of the 
National Weather Service, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. SANTORUM. Mr. President, I rise to introduce the National Weather 
Services Duties Act of 2005 to clarify the responsibilities of the 
National Weather Service (NWS) within the National Oceanic and 
Atmospheric Association, NOAA. This legislation modernizes the 
statutory description of NWS roles in the national weather enterprise 
so that it reflects today's reality in which the NWS and the commercial 
weather industry both play important parts in providing weather 
products and services to the Nation.
  Back in 1890 when the current NWS organic statute was enacted, and 
all the way through World War II, the public received its weather 
forecasts and warnings almost exclusively from the Weather Bureau, the 
NWS's predecessor. In the late 1940s, a fledging weather service 
industry began to develop. From then until December 2004, the NWS has 
had policies sensitive to the importance of fostering the industry's 
expansion, and since 1948 has had formal policies discouraging its 
competition with industry. Fourteen years ago the NWS took the extra 
step of carefully delineating the respective roles of the NWS and the 
commercial weather industry, in addition to pledging its intention not 
to provide products or services that were or could be provided by the 
commercial weather industry. This longstanding non-competition and non-
duplication policy has had the effect of facilitating the growth of the 
industry into a billion dollar sector and of strengthening and 
extending the national weather enterprise, now the best in the world.
  Regrettably, the parent agency of the NWS, NOAA, repealed the 1991 
non-competition and non-duplication policy in December 2004. Its new 
policy only promises to ``give due consideration'' to the abilities of 
private sector entities. The new policy appears to signal the intention 
of NOAA and the NWS to expand their activities into areas that are 
already well served by the commercial weather industry. This detracts 
from NWS's core missions of maintaining a modem and effective 
meteorological infrastructure, collecting comprehensive observational 
data, and issuing warnings and forecasts of severe weather that 
imperils life and property.
  Additionally, NOAA's action threatens the continued success of the 
commercial weather industry. It is not an easy prospect for a business 
to attract advertisers, subscribers, or investors when the government 
is providing similar products and services for free. This bill restores 
the NWS non-competition policy. However, the legislation leaves NWS 
with complete and unfettered freedom to carry out its critical role of 
preparing and issuing severe weather warnings and forecasts designed 
for the protection of life and property of the general public. I 
believe it is in the best interest of both the government and NWS to 
concentrate on this critical role and its other core missions. The 
beauty of a highly competent private sector is that services that are 
not inherently involved in public safety and security can be carried 
out with little or no expenditure of taxpayer dollars. At a time of 
tight agency budgets, the commercial weather industry's increasing 
capabilities offer the Federal Government the opportunity to focus its 
resources on the governmental functions of collecring and distributing 
weather data, research and development of atmospheric models and core 
forecasts, and on ensuring that NWS meteorologists provide the most 
timely and accurate warnings and forecasts of life-threatening weather.
  The National Weather Service Duties Act also addresses the potential 
misuse of insider information. Currently, NOAA and the NWS are doing 
little to safeguard the NWS information that could be used by 
opportunistic investors to gain unfair profits in the weather futures 
markets, in the agriculture and energy markets, and in other business 
segments influenced by government weather outlooks, forecasts, and 
warnings. No one knows who may be taking advantage of this information. 
In recent years there have been various examples of NWS personnel 
providing such information to specific TV stations and others that 
enable those businesses to secure an advantage over their competitors. 
The best way to address this problem is to require that NWS data, 
information, guidance, forecasts and warnings be issued in real time 
and simultaneously to all members of the public, the media and the 
commercial weather industry. This bill imposes just such a requirement, 
which is common to other Federal agencies. The responsibilities of the 
commercial weather industry as the only private sector producer of 
weather information, services and systems deserve this definition to 
ensure continued growth and investment in the private sector and to 
properly focus the government's activities.
  We have every right to expect these agencies to minimize unnecessary, 
competitive, and commercial-type activities, and to do the best 
possible job of warning the public about impending flash floods, 
hurricanes, tornadoes, tsunamis, and other potentially catastrophic 
events. I encourage my colleagues to support this important piece of 
legislation.
                                 ______
                                 
      By Mr. DURBIN:
  S. 793. A bill to establish national standards for discharges from 
cruise vessels into the waters of the United States, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Mr. DURBIN. 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. 793

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Clean 
     Cruise Ship Act of 2005''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Prohibitions and conditions regarding the discharge of sewage, 
              graywater, or bilge water.
Sec. 5. Effluent limits for discharges of sewage and graywater.
Sec. 6. Inspection and sampling.
Sec. 7. Employee protection.
Sec. 8. Judicial review.
Sec. 9. Enforcement.
Sec. 10. Citizen suits.
Sec. 11. Alaskan cruise vessels.
Sec. 12. Ballast water.
Sec. 13. Funding.
Sec. 14. Effect on other law.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) cruise vessels carry millions of passengers each year, 
     and in 2001, carried 8,400,000 passengers in North America;
       (2) cruise vessels carry passengers to and through the most 
     beautiful ocean areas in the United States and provide many 
     people in the United States ample opportunities to relax and 
     learn about oceans and marine ecosystems;
       (3) ocean pollution threatens the beautiful and inspiring 
     oceans and marine wildlife

[[Page S3659]]

     that many cruise vessels intend to present to travelers;
       (4) cruise vessels generate tremendous quantities of 
     pollution, including--
       (A) sewage (including sewage sludge);
       (B) graywater from showers, sinks, laundries, baths, and 
     galleys;
       (C) oily water;
       (D) toxic chemicals from photo processing, dry cleaning, 
     and paints;
       (E) ballast water;
       (F) solid wastes; and
       (G) emissions of air pollutants;
       (5) some of the pollution generated by cruise ships, 
     particularly sewage discharge, can lead to high levels of 
     nutrients that are known to harm and kill coral reefs and 
     which can increase the quantity of pathogens in the water and 
     heighten the susceptibility of many coral species to scarring 
     and disease;
       (6) laws in effect as of the date of enactment of this Act 
     do not provide adequate controls, monitoring, or enforcement 
     of certain discharges from cruise vessels into the waters of 
     the United States; and
       (7) to protect coastal and ocean areas of the United States 
     from pollution generated by cruise vessels, new Federal 
     legislation is needed to reduce and better regulate 
     discharges from cruise vessels, and to improve monitoring, 
     reporting, and enforcement of discharges.
       (b) Purposes.--The purposes of this Act are--
       (1) to prevent the discharge of any untreated sewage or 
     graywater from a cruise vessel entering ports of the United 
     States into the waters of the United States;
       (2) to prevent the discharge of any treated sewage, sewage 
     sludge, graywater, or bilge water from cruise vessels 
     entering ports of the United States into the territorial sea;
       (3) to establish new national effluent limits and 
     management standards for the discharge of treated sewage or 
     graywater from cruise vessels entering ports of the United 
     States into the exclusive economic zone of the United States 
     in any case in which the discharge is not within an area in 
     which discharges are prohibited; and
       (4) to ensure that cruise vessels entering ports of the 
     United States comply with all applicable environmental laws.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Commandant.--The term ``Commandant'' means the 
     Commandant of the Coast Guard.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (3) Territorial sea.--The term ``territorial sea''--
       (A) means the belt of the sea measured from the baseline of 
     the United States determined in accordance with international 
     law, as set forth in Presidential Proclamation number 5928, 
     dated December 27, 1988; and
       (B) includes the waters lying seaward of the line of 
     ordinary low water and extending to the baseline of the 
     United States, as determined under subparagraph (A).
       (4) Exclusive economic zone.--The term ``exclusive economic 
     zone'' means the Exclusive Economic Zone of the United States 
     established by Presidential Proclamation number 5030, dated 
     March 10, 1983.
       (5) Waters of the united states.--The term ``waters of the 
     United States'' means the waters of the territorial sea, the 
     exclusive economic zone, and the Great Lakes.
       (6) Great lake.--The term ``Great Lake'' means--
       (A) Lake Erie;
       (B) Lake Huron (including Lake Saint Clair);
       (C) Lake Michigan;
       (D) Lake Ontario; and
       (E) Lake Superior.
       (7) Cruise vessel.--The term ``cruise vessel''--
       (A) means a passenger vessel (as defined in section 
     2101(22) of title 46, United States Code), that--
       (i) is authorized to carry at least 250 passengers; and
       (ii) has onboard sleeping facilities for each passenger; 
     and
       (B) does not include--
       (i) a vessel of the United States operated by the Federal 
     Government; or
       (ii) a vessel owned and operated by the government of a 
     State.
       (8) Passenger.--The term ``passenger''--
       (A) means any person on board a cruise vessel for the 
     purpose of travel; and
       (B) includes--
       (i) a paying passenger; and
       (ii) a staffperson, such as a crew member, captain, or 
     officer.
       (9) Person.--The term ``person'' means--
       (A) an individual;
       (B) a corporation;
       (C) a partnership;
       (D) a limited liability company;
       (E) an association;
       (F) a State;
       (G) a municipality;
       (H) a commission or political subdivision of a State; and
       (I) an Indian tribe.
       (10) Citizen.--The term ``citizen'' means a person that has 
     an interest that is or may be adversely affected by any 
     provision of this Act.
       (11) Discharge.--The term ``discharge''--
       (A) means a release of any substance, however caused, from 
     a cruise vessel; and
       (B) includes any escape, disposal, spilling, leaking, 
     pumping, emitting or emptying of any substance.
       (12) Sewage.--The term ``sewage'' means--
       (A) human body wastes;
       (B) the wastes from toilets and other receptacles intended 
     to receive or retain human body wastes; and
       (C) sewage sludge.
       (13) Graywater.--The term ``graywater'' means galley, 
     dishwasher, bath, and laundry waste water.
       (14) Bilge water.--The term ``bilge water'' means 
     wastewater that includes lubrication oils, transmission oils, 
     oil sludge or slops, fuel or oil sludge, used oil, used fuel 
     or fuel filters, or oily waste.
       (15) Sewage sludge.--The term ``sewage sludge''--
       (A) means any solid, semi-solid, or liquid residue removed 
     during the treatment of municipal waste water or domestic 
     sewage;
       (B) includes--
       (i) solids removed during primary, secondary, or advanced 
     waste water treatment;
       (ii) scum;
       (iii) septage;
       (iv) portable toilet pumpings;
       (v) type III marine sanitation device pumpings (as defined 
     in part 159 of title 33, Code of Federal Regulations); and
       (vi) sewage sludge products; and
       (C) does not include--
       (i) grit or screenings; or
       (ii) ash generated during the incineration of sewage 
     sludge.
       (16) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given in section 4 of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450b).

     SEC. 4. PROHIBITIONS AND CONDITIONS REGARDING THE DISCHARGE 
                   OF SEWAGE, GRAYWATER, OR BILGE WATER.

       (a) Prohibition.--
       (1) In general.--Except as provided in paragraph (2) and 
     section 11, no cruise vessel entering a port of the United 
     States may discharge sewage, graywater, or bilge water into 
     the waters of the United States.
       (2) Exception.--A cruise vessel described in paragraph (1) 
     may not discharge sewage, graywater, or bilge water into the 
     exclusive economic zone but outside the territorial sea, or, 
     in the case of the Great Lakes, beyond any point that is 12 
     miles from the shore unless--
       (A)(i) in the case of a discharge of sewage or graywater, 
     the discharge meets all applicable effluent limits 
     established under this Act and is in accordance with all 
     other applicable laws; or
       (ii) in the case of a discharge of bilge water, the 
     discharge is in accordance with all applicable laws;
       (B) the cruise vessel meets all applicable management 
     standards established under this Act; and
       (C) the cruise vessel is not discharging in an area in 
     which the discharge is otherwise prohibited.
       (b) Safety Exception.--
       (1) Scope of exception.--Subsection (a) shall not apply in 
     any case in which--
       (A) a discharge is made solely for the purpose of securing 
     the safety of the cruise vessel or saving a human life at 
     sea; and
       (B) all reasonable precautions have been taken for the 
     purpose of preventing or minimizing the discharge.
       (2) Notification of commandant.--
       (A) In general.--If the owner, operator, or master, or 
     other individual in charge, of a cruise vessel authorizes a 
     discharge described in paragraph (1), the individual shall 
     notify the Commandant of the decision to authorize the 
     discharge as soon as practicable, but not later than 24 
     hours, after authorizing the discharge.
       (B) Report.--Not later than 7 days after the date on which 
     an individual described in subparagraph (A) notifies the 
     Commandant of an authorization of a discharge under the 
     safety exception under this paragraph, the individual shall 
     submit to the Commandant a report that includes--
       (i) the quantity and composition of each discharge made 
     under the safety exception;
       (ii) the reason for authorizing each discharge;
       (iii) the location of the vessel during the course of each 
     discharge; and
       (iv) such other supporting information and data as are 
     requested by the Commandant.

     SEC. 5. EFFLUENT LIMITS FOR DISCHARGES OF SEWAGE AND 
                   GRAYWATER.

       (a) Effluent Limits.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Commandant and the Administrator 
     shall jointly promulgate effluent limits for sewage and 
     graywater discharges from cruise vessels entering ports of 
     the United States.
       (2) Requirements.--The effluent limits shall--
       (A) require the application of the best available 
     technology that will result in the greatest level of effluent 
     reduction achievable, recognizing that the national goal is 
     the elimination of the discharge of all pollutants in sewage 
     and graywater by cruise vessels into the waters of the United 
     States by 2015; and
       (B) require compliance with all relevant water quality 
     criteria standards.
       (b) Minimum Limits.--The effluent limits under subsection 
     (a) shall require, at a minimum, that treated sewage and 
     graywater effluent discharges from cruise vessels shall, not 
     later than 3 years after the date of enactment of this Act, 
     meet the following standards:

[[Page S3660]]

       (1) In general.--The discharge satisfies the minimum level 
     of effluent quality specified in section 133.102 of title 40, 
     Code of Regulations (or a successor regulation).
       (2) Fecal coliform.--With respect to the samples from the 
     discharge during any 30-day period--
       (A) the geometric mean of the samples shall not exceed 20 
     fecal coliform per 100 milliliters; and
       (B) not more than 10 percent of the samples shall exceed 40 
     fecal coliform per 100 milliliters.
       (3) Residual chlorine.--Concentrations of total residual 
     chlorine in samples shall not exceed 10 milligrams per liter.
       (c) Review and Revision of Effluent Limits.--The Commandant 
     and the Administrator shall jointly--
       (1) review the effluent limits required by subsection (a) 
     at least once every 3 years; and
       (2) revise the effluent limits as necessary to incorporate 
     technology available at the time of the review in accordance 
     with subsection (a)(2).

     SEC. 6. INSPECTION AND SAMPLING.

       (a) Development and Implementation of Inspection Program.--
       (1) In general.--The Commandant, in consultation with the 
     Administrator, shall promulgate regulations to implement an 
     inspection, sampling, and testing program sufficient to 
     verify that cruise vessels calling on ports of the United 
     States are in compliance with--
       (A) this Act (including regulations promulgated under this 
     Act);
       (B) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.) (including regulations promulgated under that Act);
       (C) other applicable Federal laws and regulations; and
       (D) all applicable requirements of international 
     agreements.
       (2) Inspections.--The program shall require that--
       (A) regular announced and unannounced inspections be 
     conducted of any relevant aspect of cruise vessel operations, 
     equipment, or discharges, including sampling and testing of 
     cruise vessel discharges; and
       (B) each cruise vessel that calls on a port of the United 
     States shall be subject to an unannounced inspection at least 
     annually.
       (b) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Commandant, in consultation with 
     the Administrator, shall promulgate regulations that, at a 
     minimum--
       (1) require the owner, operator, or master, or other 
     individual in charge, of a cruise vessel to maintain and 
     produce a logbook detailing the times, types, volumes, and 
     flow rates, origins, and locations of any discharges from the 
     cruise vessel;
       (2) provide for routine announced and unannounced 
     inspections of--
       (A) cruise vessel environmental compliance records and 
     procedures; and
       (B) the functionality and proper operation of installed 
     equipment for abatement and control of any cruise vessel 
     discharge (which equipment shall include equipment intended 
     to treat sewage, graywater, or bilge water);
       (3) require the sampling and testing of cruise vessel 
     discharges that require the owner, operator, or master, or 
     other individual in charge, of a cruise vessel--
       (A) to conduct that sampling or testing; and
       (B) to produce any records of the sampling or testing;
       (4) require any owner, operator, or master, or other 
     individual in charge, of a cruise vessel who has knowledge of 
     a discharge from the cruise vessel in violation of this Act 
     (including regulations promulgated under this Act) to 
     immediately report that discharge to the Commandant (who 
     shall provide notification of the discharge to the 
     Administrator); and
       (5) require the owner, operator, or master, or other 
     individual in charge, of a cruise vessel to provide to the 
     Commandant and Administrator a blueprint of each cruise 
     vessel that includes the location of every discharge pipe and 
     valve.
       (c) Evidence of Compliance.--
       (1) Vessel of the united states.--
       (A) In general.--A cruise vessel registered in the United 
     States to which this Act applies shall have a certificate of 
     inspection issued by the Commandant.
       (B) Issuance of certificate.--The Commandant may issue a 
     certificate described in subparagraph (A) only after the 
     cruise vessel has been examined and found to be in compliance 
     with this Act, including prohibitions on discharges and 
     requirements for effluent limits, as determined by the 
     Commandant.
       (C) Validity of certificate.--A certificate issued under 
     this paragraph--
       (i) shall be valid for a period of not more than 5 years, 
     beginning on the date of issuance of the certificate;
       (ii) may be renewed as specified by the Commandant; and
       (iii) shall be suspended or revoked if the Commandant 
     determines that the cruise vessel for which the certificate 
     was issued is not in compliance with the conditions under 
     which the certificate was issued.
       (D) Special certificates.--The Commandant may issue special 
     certificates to certain vessels that exhibit compliance with 
     this Act and other best practices, as determined by the 
     Commandant.
       (2) Foreign vessel.--
       (A) In general.--A cruise vessel registered in a country 
     other than the United States to which this Act applies may 
     operate in the waters of the United States, or visit a port 
     or place under the jurisdiction of the United States, only if 
     the cruise vessel has been issued a certificate of compliance 
     by the Commandant.
       (B) Issuance of certificate.--The Commandant may issue a 
     certificate described in subparagraph (A) to a cruise vessel 
     only after the cruise vessel has been examined and found to 
     be in compliance with this Act, including prohibitions on 
     discharges and requirements for effluent limits, as 
     determined by the Commandant.
       (C) Acceptance of foreign documentation.--The Commandant 
     may consider a certificate, endorsement, or document issued 
     by the government of a foreign country under a treaty, 
     convention, or other international agreement to which the 
     United States is a party, in issuing a certificate of 
     compliance under this paragraph. Such a certificate, 
     endorsement, or document shall not serve as a proxy for 
     certification of compliance with this Act.
       (D) Validity of certificate.--A certificate issued under 
     this section--
       (i) shall be valid for a period of not more than 24 months, 
     beginning on the date of issuance of the certificate;
       (ii) may be renewed as specified by the Commandant; and
       (iii) shall be suspended or revoked if the Commandant 
     determines that the cruise vessel for which the certificate 
     was issued is not in compliance with the conditions under 
     which the certificate was issued.
       (d) Cruise Observer Pilot Program.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Commandant shall establish, and 
     for each of fiscal years 2006 through 2008, shall carry out, 
     a program for the placement of 2 or more independent 
     observers on cruise vessels for the purpose of monitoring and 
     inspecting cruise vessel operations, equipment, and 
     discharges to ensure compliance with--
       (A) this Act (including regulations promulgated under this 
     Act); and
       (B) all other relevant Federal laws and international 
     agreements.
       (2) Responsibilities.--An observer described in paragraph 
     (1) shall--
       (A) observe and inspect--
       (i) onboard environmental treatment systems;
       (ii) use of shore-based treatment and storage facilities;
       (iii) discharges and discharge practices; and
       (iv) blueprints, logbooks, and other relevant information;
       (B) have the authority to interview and otherwise query any 
     crew member with knowledge of vessel operations;
       (C) have access to all data and information made available 
     to government officials under this section; and
       (D) immediately report any known or suspected violation of 
     this Act or any other applicable Federal law or international 
     agreement to--
       (i) the Coast Guard; and
       (ii) the Environmental Protection Agency.
       (3) Report.--Not later than January 31, 2008, the 
     Commandant shall submit to Congress a report describing the 
     results, and recommendations for continuance, of the program 
     under this subsection.
       (e) Onboard Monitoring System Pilot Program.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the National 
     Oceanic and Atmospheric Administration, in consultation with 
     the Administrator and the Commandant, shall establish, and 
     for each of fiscal years 2006 through 2011, shall carry out, 
     with industry partners as necessary, a pilot program to 
     develop and promote commercialization of technologies to 
     provide real-time data to Federal agencies regarding--
       (A) graywater and sewage discharges from cruise vessels; 
     and
       (B) functioning of cruise vessel components relating to 
     pollution control.
       (2) Technology requirements.--Technologies developed under 
     the program under this subsection--
       (A) shall have the ability to record--
       (i) the location and time of discharges from cruise 
     vessels;
       (ii) the source, content, and volume of those discharges; 
     and
       (iii) the state of components relating to pollution control 
     at the time of the discharges, including whether the 
     components are operating correctly; and
       (B) shall be tested on not less than 10 percent of all 
     cruise vessels operating in the territorial sea of the United 
     States, including large and small vessels.
       (3) Participation of industry.--
       (A) Competitive selection process.--Industry partners 
     willing to participate in the program may do so through a 
     competitive selection process conducted by the Administrator 
     of the National Oceanic and Atmospheric Administration.
       (B) Contribution.--A selected industry partner shall 
     contribute not less than 20 percent of the cost of the 
     project in which the industry partner participates.
       (4) Report.--Not later than January 31, 2008, the 
     Administrator of the National Oceanic and Atmospheric 
     Administration shall submit to Congress a report describing 
     the results, and recommendations for continuance, of the 
     program under this subsection.

     SEC. 7. EMPLOYEE PROTECTION.

       (a) Prohibition of Discrimination Against Persons Filing, 
     Instituting, or Testifying

[[Page S3661]]

     in Proceedings Under This Act.--No person shall terminate the 
     employment of, or in any other way discriminate against (or 
     cause the termination of employment of or discrimination 
     against), any employee or any authorized representative of 
     employees by reason of the fact that the employee or 
     representative--
       (1) has filed, instituted, or caused to be filed or 
     instituted any proceeding under this Act; or
       (2) has testified or is about to testify in any proceeding 
     resulting from the administration or enforcement of the 
     provisions of this Act.
       (b) Application for Review; Investigation; Hearings; 
     Review.--
       (1) In general.--An employee or a representative of 
     employees who believes that the termination of the employment 
     of the employee has occurred, or that the employee has been 
     discriminated against, as a result of the actions of any 
     person in violation of subsection (a) may, not later than 30 
     days after the date on which the alleged violation occurred, 
     apply to the Secretary of Labor for a review of the alleged 
     termination of employment or discrimination.
       (2) Application.--A copy of an application for review filed 
     under paragraph (1) shall be sent to the respondent.
       (3) Investigation.--
       (A) In general.--On receipt of an application for review 
     under paragraph (1), the Secretary of Labor shall carry out 
     an investigation of the complaint.
       (B) Requirements.--In carrying out this subsection, the 
     Secretary of Labor shall--
       (i) provide an opportunity for a public hearing at the 
     request of any party to the review to enable the parties to 
     present information relating to the alleged violation;
       (ii) ensure that, at least 5 days before the date of the 
     hearing, each party to the hearing is provided written notice 
     of the time and place of the hearing; and
       (iii) ensure that the hearing is on the record and subject 
     to section 554 of title 5, United States Code.
       (C) Findings of commandant.--On completion of an 
     investigation under this paragraph, the Secretary of Labor 
     shall--
       (i) make findings of fact;
       (ii) if the Secretary of Labor determines that a violation 
     did occur, issue a decision, incorporating an order and the 
     findings, requiring the person that committed the violation 
     to take such action as is necessary to abate the violation, 
     including the rehiring or reinstatement, with compensation, 
     of an employee or representative of employees to the former 
     position of the employee or representative; and
       (iii) if the Secretary of Labor determines that there was 
     no violation, issue an order denying the application.
       (D) Order.--An order issued by the Secretary of Labor under 
     subparagraph (C) shall be subject to judicial review in the 
     same manner as orders and decisions of the Administrator are 
     subject to judicial review under this Act.
       (c) Costs and Expenses.--In any case in which an order is 
     issued under this section to abate a violation, at the 
     request of the applicant, a sum equal to the aggregate amount 
     of all costs and expenses (including attorney's fees), as 
     determined by the Secretary of Labor, to have been reasonably 
     incurred by the applicant for, or in connection with, the 
     institution and prosecution of the proceedings, shall be 
     assessed against the person committing the violation.
       (d) Deliberate Violations by Employee Acting Without 
     Direction From Employer or Agent.--This section shall not 
     apply to any employee that, without direction from the 
     employer of the employee (or agent of the employer), 
     deliberately violates any provision of this Act.

     SEC. 8. JUDICIAL REVIEW.

       (a) Review of Actions by Administrator or Commandant; 
     Selection of Court; Fees.--
       (1) Review of actions.--
       (A) In general.--Any interested person may petition for a 
     review, in the United States circuit court for the circuit in 
     which the person resides or transacts business directly 
     affected by the action of which review is requested--
       (i) of an action of the Commandant in promulgating any 
     effluent limit under section 5; or
       (ii) of an action of the Commandant in carrying out an 
     inspection, sampling, or testing under section 6.
       (B) Deadline for review.--A petition for review under 
     subparagraph (A) shall be made--
       (i) not later than 120 days after the date of promulgation 
     of the limit or standard relating to the review sought; or
       (ii) if the petition for review is based solely on grounds 
     that arose after the date described in clause (i), as soon as 
     practicable after that date.
       (2) Civil and criminal enforcement proceedings.--An action 
     of the Commandant or Administrator with respect to which 
     review could have been obtained under paragraph (1) shall not 
     be subject to judicial review in any civil or criminal 
     proceeding for enforcement.
       (3) Award of fees.--In any judicial proceeding under this 
     subsection, a court may award costs of litigation (including 
     reasonable attorney and expert witness fees) to any 
     prevailing or substantially prevailing party in any case in 
     which the court determines such an award to be appropriate.
       (b) Additional Evidence.--
       (1) In general.--In any judicial proceeding instituted 
     under subsection (a) in which review is sought of a 
     determination under this Act required to be made on the 
     record after notice and opportunity for hearing, if any party 
     applies to the court for leave to adduce additional evidence, 
     and demonstrates to the satisfaction of the court that the 
     additional evidence is material and that there were 
     reasonable grounds for the failure to adduce the evidence in 
     the proceeding before the Commandant or Administrator, the 
     court may order the additional evidence (and evidence in 
     rebuttal of the additional evidence) to be taken before the 
     Commandant or Administrator, in such manner and on such terms 
     and conditions as the court determines to be appropriate.
       (2) Modification of findings.--On admission of additional 
     evidence under paragraph (1), the Commandant or 
     Administrator--
       (A) may modify findings of fact of the Commandant or 
     Administrator, as the case may be, relating to a judicial 
     proceeding, or make new findings of fact, by reason of the 
     additional evidence so admitted; and
       (B) shall file with the return of the additional evidence 
     any modified or new findings, and any related 
     recommendations, for the modification or setting aside of any 
     original determinations of the Commandant or Administrator.

     SEC. 9. ENFORCEMENT.

       (a) In General.--Any person that violates section 4 or any 
     regulation promulgated under this Act may be assessed--
       (1) a class I or class II penalty described in subsection 
     (b); or
       (2) a civil penalty in a civil action under subsection (c).
       (b) Amount of Administrative Penalty.--
       (1) Class i.--The amount of a class I civil penalty under 
     subsection (a)(1) may not exceed--
       (A) $10,000 per violation; or
       (B) $25,000 in the aggregate, in the case of multiple 
     violations.
       (2) Class ii.--The amount of a class II civil penalty under 
     subsection (a)(1) may not exceed--
       (A) $10,000 per day for each day during which the violation 
     continues; or
       (B) $125,000 in the aggregate, in the case of multiple 
     violations.
       (3) Separate violations.--Each day on which a violation 
     continues shall constitute a separate violation.
       (4) Determination of amount.--In determining the amount of 
     a civil penalty under subsection (a)(1), the Commandant or 
     the court, as appropriate, shall consider--
       (A) the seriousness of the violation;
       (B) any economic benefit resulting from the violation;
       (C) any history of violations;
       (D) any good-faith efforts to comply with the applicable 
     requirements;
       (E) the economic impact of the penalty on the violator; and
       (F) such other matters as justice may require.
       (5) Procedure for class i penalty.--
       (A) In general.--Before assessing a civil penalty under 
     this subsection, the Commandant shall provide to the person 
     to be assessed the penalty--
       (i) written notice of the proposal of the Commandant to 
     assess the penalty; and
       (ii) the opportunity to request, not later than 30 days 
     after the date on which the notice is received by the person, 
     a hearing on the proposed penalty.
       (B) Hearing.--A hearing described in subparagraph (A)(ii)--
       (i) shall not be subject to section 554 or 556 of title 5, 
     United States Code; but
       (ii) shall provide a reasonable opportunity to be heard and 
     to present evidence.
       (6) Procedure for class ii penalty.--
       (A) In general.--Except as otherwise provided in this 
     subsection, a class II civil penalty shall be assessed and 
     collected in the same manner, and subject to the same 
     provisions, as in the case of civil penalties assessed and 
     collected after notice and an opportunity for a hearing on 
     the record in accordance with section 554 of title 5, United 
     States Code.
       (B) Rules.--The Commandant may promulgate rules for 
     discovery procedures for hearings under this subsection.
       (7) Rights of interested persons.--
       (A) Public notice.--Before issuing an order assessing a 
     class II civil penalty under this subsection, the Commandant 
     shall provide public notice of and reasonable opportunity to 
     comment on the proposed issuance of each order.
       (B) Presentation of evidence.--
       (i) In general.--Any person that comments on a proposed 
     assessment of a class II civil penalty under this subsection 
     shall be given notice of--

       (I) any hearing held under this subsection; and
       (II) any order assessing the penalty.

       (ii) Hearing.--In any hearing described in clause (i)(I), a 
     person described in clause (i) shall have a reasonable 
     opportunity to be heard and to present evidence.
       (C) Rights of interested persons to a hearing.--
       (i) In general.--If no hearing is held under subparagraph 
     (B) before the date of issuance of an order assessing a class 
     II civil penalty under this subsection, any person that 
     commented on the proposed assessment may, not later than 30 
     days after the date of issuance of the order, petition the 
     Commandant--

       (I) to set aside the order; and
       (II) to provide a hearing on the penalty.

[[Page S3662]]

       (ii) New evidence.--If any evidence presented by a 
     petitioner in support of the petition under clause (i) is 
     material and was not considered in the issuance of the order, 
     as determined by the Commandant, the Commandant shall 
     immediately--

       (I) set aside the order; and
       (II) provide a hearing in accordance with subparagraph 
     (B)(ii).

       (iii) Denial of hearing.--If the Commandant denies a 
     hearing under this subparagraph, the Commandant shall provide 
     to the petitioner, and publish in the Federal Register, 
     notice of and the reasons for the denial.
       (8) Finality of order.--
       (A) In general.--An order assessing a class II civil 
     penalty under this subsection shall become final on the date 
     that is 30 days after the date of issuance of the order 
     unless, before that date--
       (i) a petition for judicial review is filed under paragraph 
     (10); or
       (ii) a hearing is requested under paragraph (7)(C).
       (B) Denial of hearing.--If a hearing is requested under 
     paragraph (7)(C) and subsequently denied, an order assessing 
     a class II civil penalty under this subsection shall become 
     final on the date that is 30 days after the date of the 
     denial.
       (9) Effect of action on compliance.--No action by the 
     Commandant under this subsection shall affect the obligation 
     of any person to comply with any provision of this Act.
       (10) Judicial review.--
       (A) In general.--Any person against which a civil penalty 
     is assessed under this subsection, or that commented on the 
     proposed assessment of such a penalty in accordance with 
     paragraph (7), may obtain review of the assessment in a court 
     described in subparagraph (B) by--
       (i) filing a notice of appeal with the court within the 30-
     day period beginning on the date on which the civil penalty 
     order is issued; and
       (ii) simultaneously sending a copy of the notice by 
     certified mail to the Commandant and the Attorney General.
       (B) Courts of jurisdiction.--Review of an assessment under 
     subparagraph (A) may be obtained by a person--
       (i) in the case of assessment of a class I civil penalty, 
     in--

       (I) the United States District Court for the District of 
     Columbia; or
       (II) the United States district court for the district in 
     which the violation occurred; or

       (ii) in the case of assessment of a class II civil penalty, 
     in--

       (I) the United States Court of Appeals for the District of 
     Columbia Circuit; or
       (II) the United States circuit court for any other circuit 
     in which the person resides or transacts business.

       (C) Copy of record.--On receipt of notice under 
     subparagraph (A)(ii), the Commandant, shall promptly file 
     with the appropriate court a certified copy of the record on 
     which the order assessing a civil penalty that is the subject 
     of the review was issued.
       (D) Substantial evidence.--A court with jurisdiction over a 
     review under this paragraph--
       (i) shall not set aside or remand an order described in 
     subparagraph (C) unless--

       (I) there is not substantial evidence in the record, taken 
     as a whole, to support the finding of a violation; or
       (II) the assessment by the Commandant of the civil penalty 
     constitutes an abuse of discretion; and

       (ii) shall not impose additional civil penalties for the 
     same violation unless the assessment by the Commandant of the 
     civil penalty constitutes an abuse of discretion.
       (11) Collection.--
       (A) In general.--If any person fails to pay an assessment 
     of a civil penalty after the assessment has become final, or 
     after a court in a proceeding under paragraph (10) has 
     entered a final judgment in favor of the Commandant, the 
     Commandant shall request the Attorney General to bring a 
     civil action in an appropriate district court to recover--
       (i) the amount assessed; and
       (ii) interest that has accrued on the amount assessed, as 
     calculated at currently prevailing rates beginning on the 
     date of the final order or the date of the final judgment, as 
     the case may be.
       (B) Nonreviewability.--In an action to recover an assessed 
     civil penalty under subparagraph (A), the validity, amount, 
     and appropriateness of the civil penalty shall not be subject 
     to judicial review.
       (C) Failure to pay penalty.--Any person that fails to pay, 
     on a timely basis, the amount of an assessment of a civil 
     penalty under subparagraph (A) shall be required to pay, in 
     addition to the amount of the civil penalty and accrued 
     interest--
       (i) attorney's fees and other costs for collection 
     proceedings; and
       (ii) for each quarter during which the failure to pay 
     persists, a quarterly nonpayment penalty in an amount equal 
     to 20 percent of the aggregate amount of the assessed civil 
     penalties and nonpayment penalties of the person that are 
     unpaid as of the beginning of the quarter.
       (12) Subpoenas.--
       (A) In general.--The Commandant may issue subpoenas for the 
     attendance and testimony of witnesses and the production of 
     relevant papers, books, or documents in connection with 
     hearings under this subsection.
       (B) Refusal to obey.--In case of contumacy or refusal to 
     obey a subpoena issued under this paragraph and served on any 
     person--
       (i) the United States district court for any district in 
     which the person is found, resides, or transacts business, on 
     application by the United States and after notice to the 
     person, shall have jurisdiction to issue an order requiring 
     the person to appear and give testimony before the Commandant 
     or to appear and produce documents before the Commandant; and
       (ii) any failure to obey such an order of the court may be 
     punished by the court as a contempt of the court.
       (c) Civil Action.--The Commandant may commence, in the 
     United States district court for the district in which the 
     defendant is located, resides, or transacts business, a civil 
     action to impose a civil penalty under this subsection in an 
     amount not to exceed $25,000 for each day of violation.
       (d) Criminal Penalties.--
       (1) Negligent violations.--A person that negligently 
     violates section 4 or any regulation promulgated under this 
     Act commits a Class A misdemeanor.
       (2) Knowing violations.--Any person that knowingly violates 
     section 4 or any regulation promulgated under this Act 
     commits a Class D felony.
       (3) False statements.--Any person that knowingly makes any 
     false statement, representation, or certification in any 
     record, report, or other document filed or required to be 
     maintained under this Act or any regulation promulgated under 
     this Act, or that falsifies, tampers with, or knowingly 
     renders inaccurate any testing or monitoring device or method 
     required to be maintained under this Act or any regulation 
     promulgated under this Act, commits a Class D felony.
       (e) Rewards.--
       (1) Payments to individuals.--
       (A) In general.--The Commandant or the court, as the case 
     may be, may order payment, from a civil penalty or criminal 
     fine collected under this section, of an amount not to exceed 
     \1/2\ of the civil penalty or fine, to any individual who 
     furnishes information that leads to the payment of the civil 
     penalty or criminal fine.
       (B) Multiple individuals.--If 2 or more individuals provide 
     information described in subparagraph (A), the amount 
     available for payment as a reward shall be divided equitably 
     among the individuals.
       (C) Ineligible individuals.--No officer or employee of the 
     United States, a State, or an Indian tribe who furnishes 
     information or renders service in the performance of the 
     official duties of the officer or employee shall be eligible 
     for a reward payment under this subsection.
       (2) Payments to states or indian tribes.--The Commandant or 
     the court, as the case may be, may order payment, from a 
     civil penalty or criminal fine collected under this section, 
     to a State or Indian tribe providing information or 
     investigative assistance that leads to payment of the penalty 
     or fine, of an amount that reflects the level of information 
     or investigative assistance provided.
       (3) Payments divided among states, indian tribes, and 
     individuals.--In a case in which a State or Indian tribe and 
     an individual under paragraph (1) are eligible to receive a 
     reward payment under this subsection, the Commandant or the 
     court shall divide the amount available for the reward 
     equitably among those recipients.
       (f) Liability in Rem.--A cruise vessel operated in 
     violation of this Act or any regulation promulgated under 
     this Act--
       (1) shall be liable in rem for any civil penalty or 
     criminal fine imposed under this section; and
       (2) may be subject to a proceeding instituted in the United 
     States district court for any district in which the cruise 
     vessel may be found.
       (g) Compliance Orders.--
       (1) In general.--If the Commandant determines that any 
     person is in violation of section 4 or any regulation 
     promulgated under this Act, the Commandant shall--
       (A) issue an order requiring the person to comply with the 
     section or requirement; or
       (B) bring a civil action in accordance with subsection (b).
       (2) Copies of order, service.--
       (A) Corporate orders.--In any case in which an order under 
     this subsection is issued to a corporation, a copy of the 
     order shall be served on any appropriate corporate officer.
       (B) Method of service; specifications.--An order issued 
     under this subsection shall--
       (i) be by personal service;
       (ii) state with reasonable specificity the nature of the 
     violation for which the order was issued; and
       (iii) specify a deadline for compliance that is not later 
     than--

       (I) 30 days after the date of issuance of the order, in the 
     case of a violation of an interim compliance schedule or 
     operation and maintenance requirement; and
       (II) such date as the Commandant, taking into account the 
     seriousness of the violation and any good faith efforts to 
     comply with applicable requirements, determines to be 
     reasonable, in the case of a violation of a final deadline.

       (h) Civil Actions.--
       (1) In general.--The Commandant may commence a civil action 
     for appropriate relief, including a permanent or temporary 
     injunction, for any violation for which the Commandant is 
     authorized to issue a compliance order under this subsection.
       (2) Court of jurisdiction.--
       (A) In general.--A civil action under this subsection may 
     be brought in the United

[[Page S3663]]

     States district court for the district in which the defendant 
     is located, resides, or is doing business.
       (B) Jurisdiction.--A court described in subparagraph (A) 
     shall have jurisdiction to grant injunctive relief to address 
     a violation, and require compliance, by the defendant.

     SEC. 10. CITIZEN SUITS.

       (a) Authorization.--Except as provided in subsection (c), 
     any citizen may commence a civil action on his or her own 
     behalf--
       (1) against any person (including the United States and any 
     other governmental instrumentality or agency to the extent 
     permitted by the eleventh amendment of the Constitution) that 
     is alleged to be in violation of--
       (A) the conditions imposed by section 4;
       (B) an effluent limit or management standard under this 
     Act; or
       (C) an order issued by the Administrator or Commandant with 
     respect to such a condition, effluent limit, or performance 
     standard; or
       (2) against the Administrator or Commandant, in a case in 
     which there is alleged a failure by the Administrator or 
     Commandant to perform any nondiscretionary act or duty under 
     this Act.
       (b) Jurisdiction.--The United States district courts shall 
     have jurisdiction, without regard to the amount in 
     controversy or the citizenship of the parties--
       (1) to enforce a condition, effluent limit, performance 
     standard, or order described in subsection (a)(1);
       (2) to order the Administrator or Commandant to perform a 
     nondiscretionary act or duty described in subsection (a)(2); 
     and
       (3) to apply any appropriate civil penalties under section 
     9(b).
       (c) Notice.--No action may be commenced under this 
     section--
       (1) before the date that is 60 days after the date on which 
     the plaintiff gives notice of the alleged violation--
       (A) to the Administrator or Commandant; and
       (B) to any alleged violator of the condition, limit, 
     standard, or order; or
       (2) if the Administrator or Commandant has commenced and is 
     diligently prosecuting a civil or criminal action on the same 
     matter in a court of the United States (but in any such 
     action, a citizen may intervene as a matter of right).
       (d) Venue.--
       (1) In general.--Any civil action under this section shall 
     be brought in--
       (A) the United States District Court for the District of 
     Columbia; or
       (B) any other United States district court for any judicial 
     district in which a cruise vessel or the owner or operator of 
     a cruise vessel are located.
       (2) Intervention.--In a civil action under this section, 
     the Administrator or the Commandant, if not a party, may 
     intervene as a matter of right.
       (3) Procedures.--
       (A) Service.--In any case in which a civil action is 
     brought under this section in a court of the United States, 
     the plaintiff shall serve a copy of the complaint on--
       (i) the Attorney General;
       (ii) the Administrator; and
       (iii) the Commandant.
       (B) Consent judgments.--No consent judgment shall be 
     entered in a civil action under this section to which the 
     United States is not a party before the date that is 45 days 
     after the date of receipt of a copy of the proposed consent 
     judgment by--
       (i) the Attorney General;
       (ii) the Administrator; and
       (iii) the Commandant.
       (e) Litigation Costs.--
       (1) In general.--A court of jurisdiction, in issuing any 
     final order in any civil action brought in accordance with 
     this section, may award costs of litigation (including 
     reasonable attorney's and expert witness fees) to any 
     prevailing or substantially prevailing party, in any case in 
     which the court determines that such an award is appropriate.
       (2) Security.--In any civil action under this section, the 
     court of jurisdiction may, if a temporary restraining order 
     or preliminary injunction is sought, require the filing of a 
     bond or equivalent security in accordance with the Federal 
     Rules of Civil Procedure.
       (f) Statutory or Common Law Rights Not Restricted.--Nothing 
     in this section restricts the rights of any person (or class 
     of persons) under any statute or common law to seek 
     enforcement or other relief (including relief against the 
     Administrator or Commandant).
       (g) Civil Action by State Governors.--A Governor of a State 
     may commence a civil action under subsection (a) of this 
     section, without regard to the limitation under subsection 
     (c), against the Administrator or Commandant in any case in 
     which there is alleged a failure of the Administrator or 
     Commandant to enforce an effluent limit or performance 
     standard under this Act, the violation of which is causing--
       (1) an adverse effect on the public health or welfare in 
     the State; or
       (2) a violation of any water quality requirement in the 
     State.

     SEC. 11. ALASKAN CRUISE VESSELS.

       (a) Definition of Alaskan Cruise Vessel.--In this section, 
     the term ``Alaskan cruise vessel'' means a cruise vessel--
       (1) that seasonally operates in water of or surrounding the 
     State of Alaska;
       (2) in which is installed, not later than the date of 
     enactment of this Act (or, at the option of the Commandant, 
     not later than September 30 of the fiscal year in which this 
     Act is enacted), and certified by the State of Alaska for 
     continuous discharge and operation in accordance with all 
     applicable Federal and State law (including regulations), an 
     advanced treatment system for the treatment and discharge of 
     graywater and sewage; and
       (3) that enters a port of the United States.
       (b) Applicability.--
       (1) In general.--Except as provided in paragraph (2), an 
     Alaskan cruise vessel shall not be subject to this Act 
     (including regulations promulgated under this Act) until the 
     date that is 15 years after the date of enactment of this 
     Act.
       (2) Exceptions.--An Alaskan cruise vessel--
       (A) shall not be subject to the minimum effluent limits 
     prescribed under section 5(b) until the date that is 3 years 
     after the date of enactment of this Act;
       (B) shall not be subject to effluent limits promulgated 
     under section 5(a) or 5(c) until the date that is 6 years 
     after the date of enactment of this Act; and
       (C) shall be prohibited from discharging sewage, graywater, 
     and bilge water in the territorial sea, in accordance with 
     this Act, as of the date of enactment of this Act.

     SEC. 12. BALLAST WATER.

       It is the sense of Congress that action should be taken to 
     enact legislation requiring strong, mandatory standards for 
     ballast water to reduce the threat of aquatic invasive 
     species.

     SEC. 13. FUNDING.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Commandant and the Administrator 
     such sums as are necessary to carry out this Act for each of 
     fiscal years 2006 through 2010.
       (b) Cruise Vessel Pollution Control Fund.--
       (1) Establishment.--There is established in the general 
     fund of the Treasury a separate account to be known as the 
     ``Cruise Vessel Pollution Control Fund'' (referred to in this 
     section as the ``Fund'').
       (2) Appropriation of amounts.--There are appropriated to 
     the Fund such amounts as are deposited in the Fund under 
     subsection (c)(5).
       (3) Use of amounts in fund.--The Administrator and the 
     Commandant may use amounts in the fund, without further 
     appropriation, to carry out this Act.
       (c) Fees on Cruise Vessels.--
       (1) In general.--The Commandant shall establish and collect 
     from each cruise vessel a reasonable and appropriate fee, in 
     an amount not to exceed $10 for each paying passenger on a 
     cruise vessel voyage, for use in carrying out this Act.
       (2) Adjustment of fee.--
       (A) In general.--The Commandant shall biennially adjust the 
     amount of the fee established under paragraph (1) to reflect 
     changes in the Consumer Price Index for All Urban Consumers 
     published by the Department of Labor during each 2-year 
     period.
       (B) Rounding.--The Commandant may round the adjustment in 
     subparagraph (A) to the nearest \1/10\ of a dollar.
       (3) Factors in establishing fees.--
       (A) In general.--In establishing fees under paragraph (1), 
     the Commandant may establish lower levels of fees and the 
     maximum amount of fees for certain classes of cruise vessels 
     based on--
       (i) size;
       (ii) economic share; and
       (iii) such other factors as are determined to be 
     appropriate by the Commandant and Administrator.
       (B) Fee schedules.--Any fee schedule established under 
     paragraph (1), including the level of fees and the maximum 
     amount of fees, shall take into account--
       (i) cruise vessel routes;
       (ii) the frequency of stops at ports of call by cruise 
     vessels; and
       (iii) other relevant considerations.
       (4) Collection of fees.--A fee established under paragraph 
     (1) shall be collected by the Commandant from the owner or 
     operator of each cruise vessel to which this Act applies.
       (5) Deposits to fund.--Notwithstanding any other provision 
     of law, all fees collected under this subsection, and all 
     penalties and payments collected for violations of this Act, 
     shall be deposited into the Fund.

     SEC. 14. EFFECT ON OTHER LAW.

       (a) United States.--Nothing in this Act restricts, affects, 
     or amends any other law or the authority of any department, 
     instrumentality, or agency of the United States.
       (b) States and Interstate Agencies.--
       (1) In general.--Except as provided in paragraph (2), 
     nothing in this Act precludes or denies the right of any 
     State (including a political subdivision of a State) or 
     interstate agency to adopt or enforce--
       (A) any standard or limit relating to the discharge of 
     pollutants by cruise ships; or
       (B) any requirement relating to the control or abatement of 
     pollution.
       (2) Exception.--If an effluent limit, performance standard, 
     water quality standard, or any other prohibition or 
     limitation is in effect under Federal law, a State (including 
     a political subdivision of a State) or interstate agency 
     described in paragraph (1) may not adopt or enforce any 
     effluent limit, performance standard, water quality standard, 
     or any other prohibition that--
       (A) is less stringent than the effluent limit, performance 
     standard, water quality standard, or other prohibition or 
     limitation under this Act; or

[[Page S3664]]

       (B) impairs or in any manner affects any right or 
     jurisdiction of the State with respect to the waters of the 
     State.
                                 ______
                                 
      By Mr. HARKIN:
  S. 794. A bill to amend title 23, United States Code, to improve the 
safety of nonmotorized transportation, including bicycle and pedestrian 
safety; to the Committee on Commerce, Science, and Transportation.
  By Mr. HARKIN. Mr. President, I am pleased to introduce the ``Safe 
and Complete Streets Act of 2005.''
  This legislation helps put this Nation on the path to a safer and, 
importantly, healthier America, by making some very modest adjustments 
in how State transportation departments and regional and local 
transportation agencies address the safety needs of pedestrians and 
bicyclists.
  This proposal is being introduced today to ensure greater attention 
to the ``SAFETEA'' elements of the surface transportation renewal bill 
that will come before the Senate in the coming weeks. With some 
selected, but modest, adjustments to this surface transportation 
legislation, we can improve the safety of pedestrians and bicyclists. 
And with that improved safety, we make it easier for Americans to walk 
and use bicycles to meet their transportation needs, whether to work, 
for errands or for simple exercise and enjoyment.
  Currently, safety concerns reduce the comfort of many people to move 
by foot and bicycle. Many roadways simply do not have sidewalks. And it 
is a particular problem for our growing elderly population. In many 
cases, the timing of lights makes it difficult for the elderly and 
those with a disability to simply get from one side of a busy 
intersection to another.
  There is clearly a need for further progress in this area. Consider 
that nearly 52,000 pedestrians and more than 7,400 bicyclists were 
killed in the most recent 10-year period, ending 2003. And, we know 
that many of these deaths, and thousands of more injuries, are 
avoidable, if we commit ourselves to doing those things that make a 
difference.
  This bill proposes three important changes to current law. First, it 
insists that Federal, State and local agencies receiving billions of 
dollars in federal transportation funds modernize their processes--how 
they plan, what they study and how they lead--so that the safety of 
pedestrians and bicyclists are more fully considered. Second, it 
ensures that investments we make today don't add to the problems we 
already have, which is the burden of retrofitting and reengineering 
existing transportation networks because we forgot about pedestrians 
and bicyclists. Finally, it commits additional resources to a national 
priority need--getting our children to schools safely on foot and 
bicycles through a stronger funding commitment to Safe Routes to 
School.
  The Senate will soon take up a surface transportation renewal plan 
that already includes key provisions to help us make further progress 
on the safety needs of nonmotorized travelers. The ``Safe and Complete 
Streets Act of 2005'' is specifically designed and developed to 
complement the efforts in the committee passed measure. Only in two 
areas, pertaining to the Safe Routes to School initiative and a small 
nonmotorized pilot program, does this legislation propose any 
additional funding commitments. All other aspects of the legislation 
before you today build upon existing commitments and existing features 
of current law.
  Let me speak briefly to the issues of the Safe Routes to School 
program specifically. This legislation proposes to raise the Senate's 
commitment to increased safety for our school age kids by slightly more 
than $100 million annually over the level in the surface transportation 
bill that the Senate will soon consider.
  I am proposing this modest increase in spending because there is a 
crtical need for us to accelerate what we are doing to protect our most 
exposed citizens, our school age children. This Nation has spent the 
last two generations getting kids into cars and buses, rather than on 
foot or bicycles.
  Now, we are reaping the harvest. Billions more in added 
transportation costs for our schools districts to bus our kids to 
schools. Added congestion on our roadways as families transport their 
kids to school by I private automobile, clogging traffic at the worst 
time possible, during the morning commute. In Marin County, CA, a pilot 
program has demonstrated substantial success in reducing congestion by 
shifting children to walking and riding their bikes to school.
  In addition, we see rising obesity in our children and looming public 
health challenges over the next several generations, and even shortened 
life expectancy. We need to promote walking for both health and 
transportation purposes.
  The ``Safe and Complete Streets Act of 2005'' will not only promote 
the safety of pedestrians and bicyclists, it also will provide benefits 
to society from smarter use of tax dollars, and by focusing on safety 
first. I urge my Senate colleagues to join with me in supporting this 
important legislation.
  I am pleased to announce that it has the support of the following 
eleven national organizations: AARP, American Bikes, American Heart 
Association, American Public Health Association, American Society of 
Landscape Architects, American Planning Association, League of American 
Bicyclists, National Center for Bicycling & Walking, Paralyzed Veterans 
of America, Rail-to-Trails Conservancy and the Surface Transportation 
Policy Project.
                                 ______
                                 
      By Mr. DODD (for himself and Mr. Warner):
  S. 795, A bill to provide driver safety grants to States with 
graduated driver licensing laws that meet certain minimum requirements; 
to the Committee on Environment and Public Works.
  Mr. DODD. Mr. President, I rise with my colleague from Virginia, 
Senator Warner, to introduce the Safe Teen and Novice Driver Uniform 
Protection (STAND UP) Act of 2005--an important piece of legislation 
that seeks to protect and ensure the lives of the 20 million teenage 
drivers in our country.
  We all know that the teenage years represent an important formative 
stage in a person's life. They are a bridge between childhood and 
adulthood--the transitional and often challenging period during which a 
person will first gain an inner awareness of his or her identity. The 
teenage years encompass a time for discovery, a time for growth, and a 
time for gaining independence--all of which ultimately help boys and 
girls transition successfully into young men and women.
  As we also know, the teenage years also encompass a time for risk-
taking. A groundbreaking study to be published soon by the National 
Institutes of Health concludes that the frontal lobe region of the 
brain which inhibits risky behavior is not fully formed until the age 
of 25. In my view, this important report implies that we approach 
teenagers' behavior with a new sensitivity. It also implies that we 
have a societal obligation to steer teenagers towards positive risk-
taking that fosters further growth and development and away from 
negative risk-taking that has an adverse effect on their well-being and 
the well-being of others.
  Unfortunately, we see all too often this negative risk-taking in 
teenagers when they are behind the wheel of a motor vehicle. We see all 
too often how this risk-taking needlessly endangers the life of a 
teenage driver, his or her passengers, and other drivers on the road. 
And we see all too often the tragic results of this risk-taking when 
irresponsible and reckless behavior behind the wheel of a motor vehicle 
causes severe harm and death.
  According to the National Transportation Safety Board, motor vehicle 
crashes are the leading cause of death for Americans between 15 and 20 
years of age. In 2002, teenage drivers, who constituted only 6.4 
percent of all drivers, were involved in 14.3 percent of all fatal 
motor vehicle crashes. In 2003, 5,691 teenage drivers were killed in 
motor vehicle crashes and 300,000 teenage drivers suffered injuries in 
motor vehicle crashes.
  The National Highway Traffic Safety Administration reports that 
teenage drivers have a fatality rate that is four times higher than the 
average fatality rate for drivers between 25 and 70 years of age. 
Furthermore, teenage drivers who are 16 years of age have a motor 
vehicle crash rate that is almost ten times the crash rate for drivers 
between the ages of 30 and 60.
  Finally, the Insurance Institute for Highway Safety concludes 
that the chance of a crash by a driver either 16

[[Page S3665]]

or 17 years of age is doubled if there are two peers in the motor 
vehicle and quadrupled with three or more peers in the vehicle.

  Crashes involving teenage injuries or fatalities are often 
highprofile tragedies in the area where they occur. However, when taken 
together, these individual tragedies speak to a national problem 
clearly illustrated by the staggering statistics I just mentioned. It 
is a problem that adversely affects teenage drivers, their passengers, 
and literally everyone else who operates or rides in a motor vehicle. 
Clearly, more work must be done to design and implement innovative 
methods that educate our young drivers on the awesome responsibilities 
that are associated with operating a motor vehicle safely.
  One such method involves implementing and enforcing a graduated 
driver's license system, or a GDL system. Under a typical GDL system, a 
teenage driver passes through several sequential learning stages before 
earning the full privileges associated with an unrestricted driver's 
license. Each learning stage is designed to teach a teenage driver 
fundamental lessons on driver operations, responsibilities, and safety. 
Each stage also imposes certain restrictions, such as curfews on 
nighttime driving and limitations on passengers, that further ensure 
the safety of the teenage driver, his or her passengers, and other 
motorists.
  First implemented over ten years ago, three-stage GDL systems now 
exist in 38 States. Furthermore, every State in the country has adopted 
at least one driving restriction for new teenage drivers. Several 
studies have concluded that GDL systems and other license restriction 
measures have been linked to an overall reduction on the number of 
teenage driver crashes and fatalities. In 1997, in the first full year 
that its GDL system was in effect, Florida experienced a 9 percent 
reduction in fatal and injurious motor vehicle crashes among teenage 
drivers between 15 and 18 years of age. After GDL systems were 
implemented in Michigan and North Carolina in 1997, the number of motor 
vehicle crashes involving teenage drivers 16 years in age decreased in 
each State by 25 percent and 27 percent, respectively. And in 
California, the numbers of teenage passenger deaths and injuries in 
crashes involving teenage drivers 16 years in age decreased by 40 
percent between 1998 and 2000, the first three years that California's 
GDL system was in effect. The number of ``at-fault'' crashes involving 
teenage drivers decreased by 24 percent during the same period.
  These statistics are promising and clearly show that many States are 
taking an important first step towards addressing this enormous problem 
concerning teenage driver safety. However, there is currently no 
uniformity between States with regards to GDL system requirements and 
other novice driver license restrictions. Some States have very strong 
initiatives in place that promote safe teenage driving while others 
have very weak initiatives in place. Given how many teenagers are 
killed or injured in motor vehicle crashes each year, and given how 
many other motorists and passengers are killed or injured in motor 
vehicle crashes involving teenage drivers each year, Senator Warner and 
I believe that the time has come for an initiative that sets a national 
minimum safety standard for teen driving laws while giving each State 
the flexibility to set additional standards that meet the more specific 
needs of its teenage driver population. The bill that Senator Warner 
and I are introducing today--the STANDUP Act--is such an initiative. 
There are four principal components of this legislation about which I 
would like to discuss.
  First, The STANDUP Act mandates that all States implement a national 
minimum safety standard for teenage drivers that contains three core 
requirements recommended by the National Transportation Safety Board. 
These requirements include implementing a three-stage GDL system, 
implementing at least some prohibition on nighttime driving, and 
placing a restriction on the number of passengers without adult 
supervision.
  Second, the STANDUP Act directs the Secretary of Transportation to 
issue voluntary guidelines beyond the three core requirements that 
encourage States to adopt additional standards that improve the safety 
of teenage driving. These additional standards may include requiring 
that the learner's permit and intermediate stages be six months each, 
requiring at least 30 hours of behind-the-wheel driving for a novice 
driver in the learner's permit stage in the company of a licensed 
driver who is over 21 years of age, requiring a novice driver in the 
learner's permit stage to be accompanied and supervised by a licensed 
driver 21 years of age or older at all times when the novice driver is 
operating a motor vehicle, and requiring that the granting of an 
unrestricted driver's license be delayed automatically to any novice 
driver in the learner's permit or intermediate stages who commits a 
motor vehicle offense, such as driving while intoxicated, 
misrepresenting his or her true age, reckless driving, speeding, or 
driving without a fastened seatbelt.

  Third, the STANDUP Act provides incentive grants to States that come 
into compliance within three fiscal years. Calculated on a State's 
annual share of the Highway Trust Fund, these incentive grants could be 
used for activities such as training law enforcement and relevant State 
agency personnel in the GDL law or publishing relevant educational 
materials on the GDL law.
  Finally, the STANDUP Act calls for sanctions to be imposed on States 
that do not come into compliance after three fiscal years. The bill 
withholds 1.5 percent of a State's Federal highway share after the 
first fiscal year of non-compliance, three percent after the second 
fiscal year, and six percent after the third fiscal year. The bill does 
allow a State to reclaim any withheld funds if that State comes into 
compliance within two fiscal years after the first fiscal year of non-
compliance.
  There are those who will say that the STAND UP Act infringes on 
States' rights. I respectfully disagree. I believe that working to 
protect and ensure the lives and safety of the millions of teenage 
drivers, their passengers, and other motorists in this country is 
national in scope and a job that is rightly suited for Congress. I also 
believe that the number of motor vehicle deaths and injuries associated 
with teenage drivers each year compels us to address this important 
national issue today and not tomorrow.
  The teenage driving provisions within the STANDUP Act are both well-
known and popular with the American public. A Harris Poll conducted in 
2001 found that 95 percent of Americans support a requirement of 30 to 
50 hours of practice driving within an adult, 92 percent of Americans 
support a six-month learner's permit stage, 74 percent of Americans 
support limiting the number of teen passengers in a motor vehicle with 
a teen driver, and 74 percent of Americans also support supervised or 
restricted driving during high-risk periods such as nighttime. Clearly, 
these numbers show that teen driving safety is an issue that transcends 
party politics and is strongly embraced by a solid majority of 
Americans. Therefore, I ask my colleagues today to join Senator Warner 
and myself in protecting the lives of our teenagers and in supporting 
this important legislation.
  I ask unanimous consent that the text of this legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 795

       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 ``Safe Teen and Novice Driver 
     Uniform Protection Act of 2005'' or the ``STANDUP Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The National Transportation Safety Board has reported 
     that--
       (A) in 2002, teen drivers, which constituted only 6.4 
     percent of all drivers, were involved in 14.3 percent of all 
     fatal motor vehicle crashes;
       (B) motor vehicle crashes are the leading cause of death 
     for Americans between 15 and 20 years of age;
       (C) between 1994 and 2003, almost 64,000 Americans between 
     15 and 20 years of age died in motor vehicle crashes, an 
     average of 122 per week; and
       (D) in 2003--
       (i) 3,657 American drivers between 15 and 20 years of age 
     were killed in motor vehicle crashes;
       (ii) 300,000 Americans between 15 and 20 years of age were 
     injured in motor vehicle crashes; and

[[Page S3666]]

       (iii) 7,884 American drivers between 15 and 20 years of age 
     were involved in fatal crashes, resulting in 9,088 total 
     fatalities, a 5 percent increase since 1993.
       (2) Though only 20 percent of driving by young drivers 
     occurs at night, over 50 percent of the motor vehicle crash 
     fatalities involving young drivers occur at night.
       (3) The National Highway Traffic Safety Administration has 
     reported that--
       (A) 6,300,000 motor vehicle crashes claimed the lives of 
     nearly 43,000 Americans in 2003 and injured almost 3,000,000 
     more Americans;
       (B) teen drivers between 16 and 20 years of age have a 
     fatality rate that is 4 times the rate for drivers between 25 
     and 70 years of age; and
       (C) drivers who are 16 years of age have a motor vehicle 
     crash rate that is almost ten times the crash rate for 
     drivers aged between 30 and 60 years of age.
       (4) According to the Insurance Institute for Highway 
     Safety, the chance of a crash by a 16- or 17-year-old driver 
     is doubled if there are 2 peers in the vehicle and quadrupled 
     with 3 or more peers in the vehicle.
       (5) In 1997, the first full year of its graduated driver 
     licensing system, Florida experienced a 9 percent reduction 
     in fatal and injurious crashes among young drivers between 
     the ages of 15 and 18, compared with 1995, according the 
     Insurance Institute for Highway Safety.
       (6) The Journal of the American Medical Association reports 
     that crashes involving 16-year-old drivers decreased between 
     1995 and 1999 by 25 percent in Michigan and 27 percent in 
     North Carolina. Comprehensive graduated driver licensing 
     systems were implemented in 1997 in these States.
       (7) In California, according to the Automobile Club of 
     Southern California, teenage passenger deaths and injuries 
     resulting from crashes involving 16-year-old drivers declined 
     by 40 percent from 1998 to 2000, the first 3 years of 
     California's graduated driver licensing program. The number 
     of at-fault collisions involving 16-year-old drivers 
     decreased by 24 percent during the same period.
       (8) The National Transportation Safety Board reports that 
     39 States and the District of Columbia have implemented 3-
     stage graduated driver licensing systems. Many States have 
     not yet implemented these and other basic safety features of 
     graduated driver licensing laws to protect the lives of 
     teenage and novice drivers.
       (9) A 2001 Harris Poll indicates that--
       (A) 95 percent of Americans support a requirement of 30 to 
     50 hours of practice driving with an adult;
       (B) 92 percent of Americans support a 6-month learner's 
     permit period; and
       (C) 74 percent of Americans support limiting the number of 
     teen passengers in a car with a teen driver and supervised 
     driving during high-risk driving periods, such as night.

     SEC. 3. STATE GRADUATED DRIVER LICENSING LAWS.

       (a) Minimum Requirements.--A State is in compliance with 
     this section if the State has a graduated driver licensing 
     law that includes, for novice drivers under the age of 21--
       (1) a 3-stage licensing process, including a learner's 
     permit stage and an intermediate stage before granting an 
     unrestricted driver's license;
       (2) a prohibition on nighttime driving during the learner's 
     permit and intermediate stages;
       (3) a prohibition, during the learner's permit intermediate 
     stages, from operating a motor vehicle with more than 1 non-
     familial passenger under the age of 21 if there is no 
     licensed driver 21 years of age or older present in the motor 
     vehicle; and
       (4) any other requirement that the Secretary of 
     Transportation (referred to in this Act as the ``Secretary'') 
     may require, including--
       (A) a learner's permit stage of at least 6 months;
       (B) an intermediate stage of at least 6 months;
       (C) for novice drivers in the learner's permit stage--
       (i) a requirement of at least 30 hours of behind-the-wheel 
     training with a licensed driver who is over 21 years of age; 
     and
       (ii) a requirement that any such driver be accompanied and 
     supervised by a licensed driver 21 years of age or older at 
     all times when such driver is operating a motor vehicle; and
       (D) a requirement that the grant of full licensure be 
     automatically delayed, in addition to any other penalties 
     imposed by State law for any individual who, while holding a 
     provisional license, convicted of an offense, such as driving 
     while intoxicated, misrepresentation of their true age, 
     reckless driving, unbelted driving, speeding, or other 
     violations, as determined by the Secretary.
       (b) Rulemaking.--After public notice and comment rulemaking 
     the Secretary shall issue regulations necessary to implement 
     this section.

     SEC. 4. INCENTIVE GRANTS.

       (a) In General.--For each of the first 3 fiscal years 
     following the date of enactment of this Act, the Secretary 
     shall award a grant to any State in compliance with section 
     3(a) on or before the first day of that fiscal year that 
     submits an application under subsection (b).
       (b) Application.--Any State desiring a grant under this 
     section shall submit an application to the Secretary at such 
     time, in such manner, and containing such information as the 
     Secretary may require, including a certification by the 
     governor of the State that the State is in compliance with 
     section 3(a).
       (c) Grants.--For each fiscal year described in subsection 
     (a), amounts appropriated to carry out this section shall be 
     apportioned to each State in compliance with section 3(a) in 
     an amount determined by multiplying--
       (1) the amount appropriated to carry out this section for 
     such fiscal year; by
       (2) the ratio that the amount of funds apportioned to each 
     such State for such fiscal year under section 402 of title 
     23, United States Code, bears to the total amount of funds 
     apportioned to all such States for such fiscal year under 
     such section 402.
       (d) Use of Funds.--Amounts received under a grant under 
     this section shall be used for--
       (1) enforcement and providing training regarding the State 
     graduated driver licensing law to law enforcement personnel 
     and other relevant State agency personnel;
       (2) publishing relevant educational materials that pertain 
     directly or indirectly to the State graduated driver 
     licensing law; and
       (3) other administrative activities that the Secretary 
     considers relevant to the State graduated driver licensing 
     law.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated out of the Highway Trust Fund (other than 
     the Mass Transit Account) to carry out this section 
     $25,000,000 for each of the fiscal years 2005 through 2009.

     SEC. 5. WITHHOLDING OF FUNDS FOR NON-COMPLIANCE.

       (a) In General.--
       (1) Fiscal year 2010.--The Secretary shall withhold 1.5 
     percent of the amount otherwise required to be apportioned to 
     any State for fiscal year 2010 under each of the paragraphs 
     (1), (3), and (4) of section 104(b) of title 23, United 
     States Code, if that State is not in compliance with section 
     3(a) of this Act on October 1, 2009.
       (2) Fiscal year 2011.--The Secretary shall withhold 3 
     percent of the amount otherwise required to be apportioned to 
     any State for fiscal year 2011 under each of the paragraphs 
     (1), (3), and (4) of section 104(b) of title 23, United 
     States Code, if that State is not in compliance with section 
     3(a) of this Act on October 1, 2010.
       (3) Fiscal year 2012 and thereafter.--The Secretary shall 
     withhold 6 percent of the amount otherwise required to be 
     apportioned to any State for each fiscal year beginning with 
     fiscal year 2012 under each of the paragraphs (1), (3), and 
     (4) of section 104(b) of title 23, United States Code, if 
     that State is not in compliance with section 3(a) of this Act 
     on the first day of such fiscal year.
       (b) Period of Availability of Withheld Funds.--
       (1) Funds withheld on or before september 30, 2011.--Any 
     amount withheld from any State under subsection (a) on or 
     before September 30, 2011, shall remain available for 
     distribution to the State under subsection (c) until the end 
     of the third fiscal year following the fiscal year for which 
     such amount is appropriated.
       (2) Funds withheld after september 30, 2011.--Any amount 
     withheld under subsection (a)(2) from any State after 
     September 30, 2011, may not be distributed to the State.
       (c) Apportionment of Withheld Funds After Compliance.--
       (1) In general.--If, before the last day of the period for 
     which funds withheld under subsection (a) are to remain 
     available to a State under subsection (b), the State comes 
     into compliance with section 3(a), the Secretary shall, on 
     the first day on which the State comes into compliance, 
     distribute to the State any amounts withheld under subsection 
     (a) that remains available for apportionment to the State.
       (2) Period of availability of subsequently apportioned 
     funds.--Any amount distributed under paragraph (1) shall 
     remain available for expenditure by the State until the end 
     of the third fiscal year for which the funds are so 
     apportioned. Any amount not expended by the State by the end 
     of such period shall revert back to the Treasury of the 
     United States.
       (3) Effect of non-compliance.--If a State is not in 
     compliance with section 3(a) at the end of the period for 
     which any amount withheld under subsection (a) remains 
     available for distribution to the State under subsection (b), 
     such amount shall revert back to the Treasury of the United 
     States.
                                 ______
                                 
      By Ms. MURKOWSKI:
  S. 796. A bill to amend the National Aquaculture Act of 1980 to 
prohibit the issuance of permits for marine aquaculture facilities 
until requirements for such permits are enacted into law; to the 
Committee on Agriculture, Nutrition, and Forestry.
  Ms. MURKOWSKI. Mr. President. I am today reintroducing a very 
important bill on a subject that was not resolved last year, and which 
continues to be an outstanding issue for those of us who are dependent 
on healthy and productive natural populations of ocean fish and 
shellfish.
  Simply put, this bill prohibits further movement toward the 
development of aquaculture facilities in federal waters until Congress 
has had an opportunity to review all of the very

[[Page S3667]]

serious implications, and make decisions on how such development should 
proceed.
  Some people are calling for a moratorium on offshore aquaculture. 
Frankly, Mr. President, we need more than a delay--we need a very 
comprehensive discussion of this issue and a serious debate on what the 
ground-rules should be.
  For years, some members of the federal bureaucracy have advocated 
going forward with offshore aquaculture development without that 
debate. Doing so, would be an extraordinarily bad idea.
  We are now being told that the Administration is in the final stages 
of preparing a draft bill to allow offshore aquaculture development to 
occur, and that it plans to send a draft to the Hill in the very near 
future. The problem is, that draft has been prepared in deep secrecy. 
We have only rumors about what may be in that draft bill. The 
administration has had meetings on the general topic of aquaculture, 
but has done little to nothing to work with those of us who represent 
constituents whose livelihoods might be imperiled and states with 
resources that might be endangered if the administration gets it wrong.
  Scientists, the media and the public are awakening to the serious 
disadvantages of fish raised in fish farming operations compared to 
naturally healthy wild fish species such as Alaska salmon, halibut, 
sablefish, crab and many other species.
  It has become common to see news reports that cite not only the 
general health advantages of eating fish at least once or twice a week, 
but the specific advantages of fish such as wild salmon, which contains 
essential Omega-3 fatty acids that may help reduce the risk of heart 
disease and possibly have similar beneficial effects on other diseases.
  Educated and watchful consumers have also seen recent stories citing 
research that not only demonstrates that farmed salmon fed vegetable-
based food does not have the same beneficial impact on cardio-vascular 
health, but also that the demand for other fish to grind up and use as 
feed in those fish farms may lead to the decimation of those stocks.
  Those same alert consumers may also have seen stories indicating that 
fish farms may create serious pollution problems from the concentration 
of fish feces and uneaten food, that fish farms may harbor diseases 
that can be transmitted to previously healthy wild fish stocks, and 
that fish farming has had a devastating effect on communities that 
depend on traditional fisheries.
  It is by no means certain that all those problems would be duplicated 
if we begin to develop fish farms that are farther offshore, but 
neither is there any evidence that they would not be. Yet despite the 
uncertainties, proponents have continued to push hard for legislation 
that would encourage the development of huge new fish farms off our 
coasts.
  Not only do the proponents want to encourage such development, but 
reports indicate they may also want to change the way decisions are 
made so that all the authority rests in the hands of just one federal 
agency. I believe that would be a serious mistake. There are simply too 
many factors that should be evaluated--from hydraulic engineering, to 
environmental impacts, to fish biology, to the management of disease, 
to the nutritional character of farmed fish, and so on--for any 
existing agency.
  We cannot afford a rush to judgment on this issue--it is far too 
dangerous if we make a mistake. In my view, such a serious matter 
deserves the same level of scrutiny by Congress as the recommendations 
of the U.S. Commission on Ocean Policy for other sweeping changes in 
ocean governance.
  The ``Natural Stock Conservation Act'' I am introducing today lays 
down a marker for where the debate on offshore aquaculture needs to go. 
It would prohibit the development of new offshore aquaculture 
operations until Congress has acted to ensure that every federal agency 
involved does the necessary analyses in areas such as disease control, 
engineering, pollution prevention, biological and genetic impacts, 
economic and social effects, and other critical issues, none of which 
are specifically required under existing law.
  I strongly urge my colleagues to understand that this is not a 
parochial issue, but a very real threat to the literal viability of 
natural fish and shellfish stocks as well as the economic viability of 
many coastal communities.
  I sincerely hope that this issue is taken up seriously in the context 
of reauthorizing the Magnuson-Stevens Act, which governs fishery 
management, and responding to the recommendations of the U.S. Oceans 
Commission and the Pew Oceans Commission.
  We all want to make sure we enjoy abundant supplies of healthy foods 
in the future, but not if it means unnecessary and avoidable damage to 
wild species, to the environment generally, and to the economies of 
America's coastal fishing communities.
  I ask unanimous consent that the text of my bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 796

       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 ``Natural Stock Conservation 
     Act of 2005''.

     SEC. 2. PROHIBITION ON PERMITS FOR AQUACULTURE.

       The National Aquaculture Act of 1980 (16 D.S.C. 2801 et 
     seq.) is amended--
       (1) by redesignating sections 10 and 11 as sections 11 and 
     12 respectively; and S.L.C.
       (2) by inserting after section 9 the following new section:


                 PROHIBITION ON PERMITS FOR AQUACULTURE

       ``Sec. 10. (a) In General.--The head of an agency with 
     jurisdiction to regulate aquaculture may not issue a permit 
     or license to permit an aquaculture facility located in the 
     exclusive economic zone to operate until after the date on 
     which a bill is enacted into law that--
       ``(1) sets out the type and specificity of the analyses 
     that the head of an agency with jurisdiction to regulate 
     aquaculture shall carry out prior to issuing any such permit 
     or license, including analyses related to--
       ``(A) disease control;
       ``(B) structural engineering;
       ``(C) pollution;
       ``(D) biological and genetic impacts;
       ``(E) access and transportation;
       ``(F) food safety; and
       ``(G) social and economic impacts of such facility on other 
     marine activities, including commercial and recreational 
     fishing; and
       ``(2) requires that a decision to issue such a permit or 
     license be--
       ``(A) made only after the head of the agency that issues 
     such license or permit consults with the Governor of each 
     State located within a 200-mile radius of the aquaculture 
     facility; and
       ``(B) approved by the regional fishery management council 
     that is granted authority under title III of the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1851 et seq.) over a fishery in the region where the 
     aquaculture facility will be located.
       ``(b) Definitions.--In this section:
       ``(1) Agency with jurisdiction to regulate aquaculture.--
     The term `agency with jurisdiction to regulate aquaculture' 
     means each agency and department of the United States, as 
     follows:
       ``(A) The Department of Agriculture.
       ``(B) The Coast Guard.
       ``( C) The Department of Commerce.
       ``(D) The Environmental Protection Agency.
       ``(E) The Department of the Interior.
       ``(F) The U.S. Army Corps of Engineers.
       ``(2) Exclusive economic zone.--The term `exclusive 
     ecoriomic zone' has the meaning given that term in section 3 
     of the of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1802).
       ``(3) Regional fishery management council.--The term 
     `regional fishery management council' means a regional 
     fishery management council established under section 302(a) 
     of the Magnuson-Stevens Fishery Conservation and Management 
     Act (16 U.S.C. 1852(a)).''.
                                 ______
                                 
      By Ms. MURKOWSKI (for herself and Mr. Stevens):
  S. 797. A bill to amend the Magnuson-Stevens Fishery Conservation and 
Management Act to clarify the status of certain communities in the 
western Alaska community development quota program; to the Committee on 
Commerce, Science, and Transportation.
  Ms. MURKOWSKI. Mr. President, I am today reintroducing legislation to 
clarify the status of villages participating in the federally 
established Community Development Quota (CDQ) program created to assist 
economically disadvantaged communities around the edge of the Bering 
Sea.
  The CDQ program is one of the youngest but most successful of a 
variety of programs intended to improve economic opportunities in some 
of my State's most challenged communities.

[[Page S3668]]

  The CDQ Community Preservation Act is intended to maintain the 
participation of all currently eligible communities along the shore of 
the Bering Sea in Alaska's Community Development Quota program. It is 
necessary because inconsistencies in statutory and regulatory 
provisions may require a reassessment of eligibility and the exclusion 
of some communities from the program. This was not the intent of the 
original program, nor of any subsequent changes to it. In order to 
clarify that fact, a legislative remedy is needed.
  Senator Stevens joined me in introducing just such a remedy last 
year, but work on it was not completed and we were forced to settle for 
only temporary relief. It is time we dealt with this matter more 
appropriately.
  Alaska has been generously blessed with natural resources, but due to 
its location and limited transportation infrastructure it continues to 
have pockets of severe poverty. Nowhere is this more evident than in 
the villages around the rim of the Bering Sea.
  The Community Development Quota Program began in 1992, at the 
recommendation of the North Pacific Fishery Management Council, one of 
the regional councils formed under the Magnuson-Stevens Fishery 
Conservation and Management Act. Congress gave the program permanent 
status in the 1996 reauthorization of the Act. The program presently 
includes 65 communities within a 50 nautical-mile radius of the Bering 
Sea, which have formed six regional non-profit associations to 
participate in the program. The regional associations range in size 
from one to 20 communities. Under the program, a portion of the 
regulated annual harvests of pollock, halibut, sablefish, Atka 
mackerel, Pacific cod, and crab is assigned to each of the 
associations, which operate under combined Federal and State agency 
oversight. Almost all of an association's earnings must be invested in 
fishing-related projects in order to encourage a sustainable economic 
base for the region.
  Typically, each association sells its share of the annual harvest 
quotas to established fishing companies in return for cash and 
agreements to provide job training and employment opportunities for 
residents of the region. The program has been remarkably successful.
  Since 1992, approximately 9,000 jobs have been created for western 
Alaska residents with wages totaling more than $60 million. The CDQ 
program has also contributed to fisheries infrastructure development in 
western Alaska, as well as providing vessel loan programs; education, 
training and other CDQ-related benefits.
  The CDQ program has its roots in the amazing success story of how our 
offshore fishery resources were Americanized after the passage of the 
original Magnuson Act in 1976. At the time, vast foreign fishing fleets 
were almost the only ones operating in the U.S. 200-mile Exclusive 
Economic Zone. American fishermen simply did not have either the 
vessels or the expertise to participate.
  The Magnuson-Stevens Act changed all that. It led to the adoption of 
what we called a ``fish and chips'' policy that provided for an 
exchange of fish allocations for technological and practical expertise. 
Within the next few years, harvesting fell almost exclusively to 
American vessels. Within a few years after that, processing also became 
Americanized. Today, there are no foreign fishing or processing vessels 
operating in the 200-mile zone off Alaska, and the industry is worth 
billions of dollars each year.
  The CDQ program helps bring some of the benefits of that great 
industry to local residents in one of the most impoverished areas of 
the entire country. It is a vital element in the effort to create and 
maintain a lasting economic base for the region's many poor 
communities, and truly deserves the support of this body.
  I ask unanimous consent that the text of my bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 797

       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 ``CDQ Community Preservation 
     Act''.

     SEC. 2. WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM.

       (a) Eligible Communities.--Section 305(i)(1) of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1855(i)) is amended adding at the end the following:
       ``(E) A community shall be eligible to participate in the 
     western Alaska community development quota program under 
     subparagraph (A) if the community was--
       ``(i) listed in table 7 to part 679 of title 50, Code of 
     Federal Regulations, as in effect on January 1, 2004; or
       ``(ii) approved by the National Marine Fisheries Service on 
     April 19, 1999.''.
       (b) Conforming Amendment.--Such section is further amended, 
     in paragraph (B), by striking ``To'' and inserting, ``Except 
     as provided in subparagraph (E), to''.
                                 ______
                                 
      By Mr. FEINGOLD (for himself, Mr. Corzine, Mr. Dayton, Mr. 
        Durbin, Mr. Lautenberg, Ms. Mikulski, and Mrs. Murray):
  S. 798. A bill to amend the Family and Medical Leave Act of 1993 and 
title 5, United States Code, to provide entitlement to leave to 
eligible employees whose spouse, son, daughter, or parent is a member 
of the Armed Forces who is serving on active duty in support of a 
contingency operation or who is notified of an impending call or order 
to active duty in support of a contingency operation, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Mr. FEINGOLD. Mr. President, today I introduce legislation on behalf 
of myself and Senators Corzine, Dayton, Durbin, Lautenberg, Mikulski, 
and Murray, that would bring a small measure of relief to the families 
of our brave military personnel who are being deployed for the ongoing 
fight against terrorism, the war in Iraq, and other missions in this 
country and around the world. It is legislation that the Senate adopted 
unanimously when I offered it as an amendment to the fiscal year 2004 
Iraq supplemental spending bill and I think it would be very fitting 
for my colleagues to join me in supporting this measure again during 
this, the National Month of the Military Child.
  The men and women of our Armed Forces undertake enormous sacrifices 
in their service to our country. They spend time away from home and 
from their families in different parts of the country and different 
parts of the world and are placed into harm's way in order to protect 
the American people and our way of life. We owe them a huge debt of 
gratitude for their dedicated service.
  The ongoing deployments for the fight against terrorism and for the 
campaign in Iraq are turning upside down the lives of thousands of 
active duty, National Guard, and Reserve personnel and their families 
as they seek to do their duty to their country and honor their 
commitments to their families, and, in the case of the reserve 
components, to their employers as well. Today, there are more than 
180,000 National Guard and Reserve personnel on active duty.
  Some of my constituents are facing the latest in a series of 
activations and deployments for family members who serve our country in 
the military. Others are seeing their loved ones off on their first 
deployment. All of these families share in the worry and concern about 
what awaits their relatives and hope, as we do, for their swift and 
safe return.
  Many of those deployed in Iraq have had their tours extended beyond 
the time they had expected to stay. This extension has played havoc 
with the lives of those deployed and their families. Worried mothers, 
fathers, spouses, and children expecting their loved ones home after 
more than a year of service have been forced to wait another three or 
four months before their loved ones' much-anticipated homecoming. The 
emotional toll is huge. So is the impact on a family's daily 
functioning as bills still need to be paid, children need to get to 
school events, and sick family members must still be cared for.
  Our men and women in uniform face these challenges without complaint. 
But we should do more to help them and their families with the many 
things that preparing to be deployed requires.
  During the first round of mobilizations for operations in Afghanistan 
and Iraq, military personnel and their families were given only a 
couple of days' notice that their units would be deployed. As a result, 
these dedicated

[[Page S3669]]

men and women had only a very limited amount of time to get their lives 
in order. For members of the National Guard and Reserve, this included 
informing their employers of the deployment. I want to commend the many 
employers around the country for their understanding and support when 
their employees were called to active duty.
  In preparation for a deployment, military families often have to 
scramble to arrange for child care, to pay bills, to contact their 
landlords or mortgage companies, and to take care of other things that 
we deal with on a daily basis.
  The legislation I introduce today would allow eligible employees 
whose spouses, parents, sons, or daughters are military personnel who 
are serving on or called to active duty in support of a contingency 
operation to use their Family and Medical Leave Act (FMLA) benefits for 
issues directly relating to or resulting from that deployment. These 
instances could include preparation for deployment or additional 
responsibilities that family members take on as a result of a loved 
one's deployment, such as child care.
  But don't just take my word for it. Here is what the National 
Military Family Association has to say in a letter of support:

       (The National Military Family Association) has heard from 
     many families about the difficulty of balancing family 
     obligations with job requirements when a close family member 
     is deployed. Suddenly, they are single parents or, in the 
     case of grandparents, assuming the new responsibility of 
     caring for grandchildren. The days leading up to a deployment 
     can be filled with pre-deployment briefings and putting legal 
     affairs in order.

  In that same letter, the National Military Family Association states 
that, ``Military families, especially those of deployed service 
members, are called upon to make extraordinary sacrifices. (The 
Military Families Leave Act) offers families some breathing room as 
they adjust to this time of separation.''
  On July 21, 2004, then-Governor Joseph Kernan of Indiana testified 
before a joint hearing of the Senate Health, Labor, Education, and 
Pensions and Armed Services committees that Congress should revise FMLA 
to include activated National Guard families, as recommended by the 
National Governors' Association. The legislation I introduce today 
would give many military families some of the assistance Governor 
Kernan spoke of.
  Let me make sure there is no confusion about what this legislation 
does and does not do. This legislation does not expand eligibility for 
FMLA to employees not already covered by FMLA. It does not expand FMLA 
eligibility to active duty military personnel. It simply allows those 
already covered by FMLA to use those benefits in one additional set of 
circumstances--to deal with issues directly related to or resulting 
from the deployment of a family member.
  I was proud to cosponsor and vote for the legislation that created 
the landmark Family and Medical Leave Act (FMLA) during the early days 
of my service to the people of Wisconsin as a member of this body. This 
important legislation allows eligible workers to take up to 12 weeks of 
unpaid leave per year for the birth or adoption of child, the placement 
of a foster child, to care for a newborn or newly adopted child or 
newly placed foster child, or to care for their own serious health 
condition or that of a spouse, a parent, or a child. Some employers 
offer a portion of this time as paid leave in addition to other accrued 
leave, while others allow workers to use accrued vacation or sick leave 
for this purpose prior to going on unpaid leave.
  Since its enactment in 1993, the FMLA has helped more than 35 million 
American workers to balance responsibilities to their families and 
their jobs. According to the Congressional Research Service, between 
2.2 million and 6.1 million people took advantage of these benefits in 
1999-2000.
  Our military families sacrifice a great deal. Active duty families 
often move every couple of years due to transfers and new assignments. 
The twelve years since FMLA' s enactment has also been a time where we 
as a country have relied more heavily on National Guard and Reserve 
personnel for more and more deployments of longer and longer duration. 
The growing burden on these service members' families must be 
addressed, and this legislation is one way to do so.
  This legislation has the support of a number of organizations, 
including the Wisconsin National Guard, the Military Officers 
Association of America, the Enlisted Association of the National Guard 
of the United States, the Reserve Enlisted Association, the Reserve 
Officers Association, the National Military Family Association, the 
National Council on Family Relations, and the National Partnership for 
Women and Families. The Military Coalition, an umbrella organization of 
31 prominent military organizations, specified this legislation as one 
of five meriting special consideration during the fiscal year 2004 Iraq 
supplemental debate.
  We owe it to our military personnel and their families to do all we 
can to support them in this difficult time. I hope that this 
legislation will bring a small measure of relief to our military 
families and I urge my colleagues to support it.
  I ask unanimous consent that the text of my bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 798

       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 ``Military Families Leave Act 
     of 2005''.

     SEC. 2. LEAVE FOR MILITARY FAMILIES UNDER THE FAMILY AND 
                   MEDICAL LEAVE ACT OF 1993.

       (a) Entitlement to Leave.--Section 102(a)(1) of the Family 
     and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is 
     amended by adding at the end the following new subparagraph:
       ``(E) Because of any qualifying exigency (as the Secretary 
     may by regulation determine) arising out of the fact that the 
     spouse, or a son, daughter, or parent of the employee is on 
     active duty (or has been notified of an impending call or 
     order to active duty) in the Armed Forces in support of a 
     contingency operation.''.
       (b) Intermittent or Reduced Leave Schedule.--Section 
     102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by 
     inserting after the second sentence the following new 
     sentence: ``Subject to subsection (e)(3) and section 103(f), 
     leave under subsection (a)(1)(E) may be taken intermittently 
     or on a reduced leave schedule.''.
       (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of 
     such Act (29 U.S.C. 2612(d)(2)(A)) is amended by striking 
     ``or (C)'' and inserting ``(C), or (E)''.
       (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) 
     is amended by adding at the end the following new paragraph:
       ``(3) Notice for leave due to active duty of family 
     member.--In any case in which the necessity for leave under 
     subsection (a)(1)(E) is foreseeable based on notification of 
     an impending call or order to active duty in support of a 
     contingency operation, the employee shall provide such notice 
     to the employer as is reasonable and practicable.''.
       (e) Certification.--Section 103 of such Act (29 U.S.C. 
     2613) is amended by adding at the end the following new 
     subsection:
       ``(f) Certification for Leave Due to Active Duty of Family 
     Member.--An employer may require that a request for leave 
     under section 102(a)(1)(E) be supported by a certification 
     issued at such time and in such manner as the Secretary shall 
     by regulation prescribe. If the Secretary issues a regulation 
     requiring such certification, the employee shall provide, in 
     a timely manner, a copy of such certification to the 
     employer.''.
       (f) Definition.--Section 101 of such Act (29 U.S.C. 2611) 
     is amended by adding at the end the following new paragraph:
       ``(14) Contingency operation.--The term `contingency 
     operation' has the same meaning given such term in section 
     101(a)(13) of title 10, United States Code.''.

     SEC. 3. LEAVE FOR MILITARY FAMILIES UNDER TITLE 5, UNITED 
                   STATES CODE.

       (a) Entitlement to Leave.--Section 6382(a)(1) of title 5, 
     United States Code, is amended by adding at the end the 
     following new subparagraph:
       ``(E) Because of any qualifying exigency (as defined under 
     section 6387) arising out of the fact that the spouse, or a 
     son, daughter, or parent, of the employee is on active duty 
     (or has been notified of an impending call or order to active 
     duty) in the Armed Forces in support of a contingency 
     operation.''.
       (b) Intermittent or Reduced Leave Schedule.--Section 
     6382(b)(1) of such title is amended by inserting after the 
     second sentence the following new sentence: ``Subject to 
     subsection (e)(3) and section 6383(f), leave under subsection 
     (a)(1)(E) may be taken intermittently or on a reduced leave 
     schedule.''.
       (c) Substitution of Paid Leave.--Section 6382(d) of such 
     title is amended by striking ``or (D)'' and inserting ``(D), 
     or (E)''.
       (d) Notice.--Section 6382(e) of such title is amended by 
     adding at the end the following new paragraph:
       ``(3) In any case in which the necessity for leave under 
     subsection (a)(1)(E) is foreseeable based on notification of 
     an impending

[[Page S3670]]

     call or order to active duty in support of a contingency 
     operation, the employee shall provide such notice to the 
     employing agency as is reasonable and practicable.''.
       (e) Certification.--Section 6383 of such title is amended 
     by adding at the end the following new subsection:
       ``(f) An employing agency may require that a request for 
     leave under section 6382(a)(1)(E) be supported by a 
     certification issued at such time and in such manner as the 
     employing agency may require.''.
       (f) Definition.--Section 6381 of such title is amended--
       (1) in paragraph (5)(B), by striking ``and'' at the end;
       (2) in paragraph (6)(B), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(6) the term `contingency operation' has the same meaning 
     given such term in section 101(a)(13) of title 10.''.
                                 ______
                                 
      By Mr. KENNEDY:
  S. 799. A bill to amend the Public Health Service Act to provide for 
the coordination of Federal Government policies and activities to 
prevent obesity in childhood, to provide for State childhood obesity 
prevention and control, and to establish grant programs to prevent 
childhood obesity within homes, schools, and communities; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. KENNEDY. Mr. President, America is facing a major public health 
problem because of the epidemic of obesity in the nation's children. 
Nine million children today are obese. Over the past three decades, the 
rate of obesity has more than doubled in preschool children and 
adolescents, and tripled among all school-age children. The health 
risks are immense. If the current rates do not decrease, 30 percent of 
boys and 40 percent of girls born in 2000 will develop diabetes, which 
can lead to kidney failure, blindness, heart disease and stroke.
  Obese children are 80 percent likely to become obese adults, with 
significantly greater risk for not only diabetes, but heart disease, 
arthritis and certain types of cancer. The economic impact of obesity-
related health expenditures in 2004 reached $129 billion, a clear sign 
of the lower quality of life likely to be faced by the growing number 
of the nation's youth.
  Childhood obesity is the obvious result of too much food and too 
little exercise. Children are especially susceptible because of the 
dramatic social changes that have been taking place for many years. 
Children are exposed to 40,000 food advertisements a year one food 
commercial every minute--urging them to eat candy, snacks, and fast 
food. Vending machines are now in 43 percent of elementary schools and 
97 percent of high schools, offering young students easy access to soft 
drinks and snacks that can double their risk of obesity. Many schools 
have eliminated physical education classes, leaving children less 
active throughout the school day. More communities are built without 
sidewalks, safe parks, or bike trails. Parents, who worry about the 
safety of their children in outside play, encourage them to sit and 
watch television. Fast food stores are nearby, grocery stores and 
farmers markets with fresh fruits and vegetables are not.
  According to the Institute of Medicine, prevention of obesity in 
children and youth requires public health action at its broadest and 
most inclusive level, with coordination between federal and state 
governments, within schools and communities, and involving industry and 
media, so that children can make food and activity choices that lead to 
healthy weights.
  The Prevention of Childhood Obesity Act makes the current epidemic a 
national public health priority. It appoints a federal commission on 
food policies to promote good nutrition. Guidelines for food and 
physical activity advertisements will be established by a summit 
conference of representatives from education, industry, and health 
care. Grants are provided to states to implement anti-obesity plans, 
including curricula and training for educators, for obesity prevention 
activities in preschool, school and after-school programs, and for 
sidewalks, bike trails, and parks where children can play and be both 
healthy and safe.
  Prevention is the cornerstone of good health and long, productive 
lives for all Americans. Childhood obesity is preventable, but we have 
to work together to stop this worsening epidemic and protect our 
children's future. Congress must to do its part and I urge my 
colleagues to support this legislation.
  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. 799

       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 ``Prevention of Childhood 
     Obesity Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Childhood overweight and obesity is a major public 
     health threat to the United States. The rates of obesity have 
     doubled in preschool children and tripled in adolescents in 
     the past 25 years. About 9,000,000 young people are 
     considered overweight.
       (2) Overweight and obesity is more prevalent in Mexican 
     American and African American youth. Among Mexican Americans, 
     24 percent of children (6 to 11 years) and adolescents (12 to 
     19 years) are obese and another 40 percent of children and 44 
     percent of adolescents are overweight. Among African 
     Americans, 20 percent of children and 24 percent of 
     adolescents are obese and another 36 percent of children and 
     41 percent of adolescents are overweight.
       (3) Childhood overweight and obesity is related to the 
     development of a number of preventable chronic diseases in 
     childhood and adulthood, such as type 2 diabetes and 
     hypertension.
       (4) Overweight adolescents have up to an 80 percent chance 
     of becoming obese adults. In 2003, obesity-related health 
     conditions in adults resulted in approximately 
     $11,000,000,000 in medical expenditures.
       (5) Childhood overweight and obesity is preventable but 
     will require changes across the multiple environments to 
     which our children are exposed. This includes homes, schools, 
     communities, and society at large.
       (6) Overweight and obesity in children are caused by 
     unhealthy eating habits and insufficient physical activity.
       (7) Only 2 percent of school children meet all of the 
     recommendations of the Food Guide Pyramid. Sixty percent of 
     young people eat too much fat and less than 20 percent eat 
     the recommended 5 or more servings of fruits and vegetables 
     each day.
       (8) More than one third of young people do not meet 
     recommended guidelines for physical activity. Daily 
     participation in high school physical education classes 
     dropped from 42 percent in 1991 to 28 percent in 2003.
       (9) Children spend an average of 5\1/2\ hours per day using 
     media, more time than they spend doing anything besides 
     sleeping.
       (10) Children are exposed to an average of 40,000 
     television advertisements each year for candy, high sugar 
     cereals, and fast food. Fast food outlets alone spend 
     $3,000,000,000 in advertisements targeting children. Children 
     are exposed to 1 food commercial every 5 minutes.
       (11) A coordinated effort involving evidence-based 
     approaches is needed to ensure children develop in a society 
     in which healthy lifestyle choices are available and 
     encouraged.

                  TITLE I--FEDERAL OBESITY PREVENTION

     SEC. 101. FEDERAL LEADERSHIP COMMISSION TO PREVENT CHILDHOOD 
                   OBESITY.

       Part Q of title III of the Public Health Service Act (42 
     U.S.C. 280h et seq.) is amended by inserting after section 
     399W, the following:

     ``SEC. 399W-1. FEDERAL LEADERSHIP COMMISSION TO PREVENT 
                   CHILDHOOD OBESITY.

       ``(a) In General.--The Secretary shall ensure that the 
     Federal Government coordinates efforts to develop, implement, 
     and enforce policies that promote messages and activities 
     designed to prevent obesity among children and youth.
       ``(b) Establishment of Leadership Commission.--The 
     Secretary, acting through the Director of the Centers for 
     Disease Control and Prevention, shall establish within the 
     Centers for Disease Control and Prevention a Federal 
     Leadership Commission to Prevent Childhood Obesity (referred 
     to in this section as the `Commission') to assess and make 
     recommendations for Federal departmental policies, programs, 
     and messages relating to the prevention of childhood obesity. 
     The Director shall serve as the chairperson of the 
     Commission.
       ``(c) Membership.--The Commission shall include 
     representatives of offices and agencies within--
       ``(1) the Department of Health and Human Services;
       ``(2) the Department of Agriculture;
       ``(3) the Department of Commerce;
       ``(4) the Department of Education;
       ``(5) the Department of Housing and Urban Development;
       ``(6) the Department of the Interior;
       ``(7) the Department of Labor;
       ``(8) the Department of Transportation;
       ``(9) the Federal Trade Commission; and
       ``(10) other Federal entities as determined appropriate by 
     the Secretary.
       ``(d) Duties.--The Commission shall--
       ``(1) serve as a centralized mechanism to coordinate 
     activities related to obesity prevention across all Federal 
     departments and agencies;
       ``(2) establish specific goals for obesity prevention, and 
     determine accountability for

[[Page S3671]]

     reaching these goals, within and across Federal departments 
     and agencies;
       ``(3) review evaluation and economic data relating to the 
     impact of Federal interventions on the prevention of 
     childhood obesity;
       ``(4) provide a description of evidence-based best 
     practices, model programs, effective guidelines, and other 
     strategies for preventing childhood obesity;
       ``(5) make recommendations to improve Federal efforts 
     relating to obesity prevention and to ensure Federal efforts 
     are consistent with available standards and evidence; and
       ``(6) monitor Federal progress in meeting specific obesity 
     prevention goals.
       ``(e) Study; Summit; Guidelines.--
       ``(1) Study.--The Government Accountability Office shall--
       ``(A) conduct a study to assess the effect of Federal 
     nutrition assistance programs and agricultural policies on 
     the prevention of childhood obesity, and prepare a report on 
     the results of such study that shall include a description 
     and evaluation of the content and impact of Federal 
     agriculture subsidy and commodity programs and policies as 
     such relate to Federal nutrition programs;
       ``(B) make recommendations to guide or revise Federal 
     policies for ensuring access to nutritional foods in Federal 
     nutrition assistance programs; and
       ``(C) complete the activities provided for under this 
     section not later than 18 months after the date of enactment 
     of this section.
       ``(2) Institute of medicine study.--
       ``(A) In general.--Not later than 6 months after the date 
     of enactment of this section, the Secretary shall request 
     that the Institute of Medicine (or similar organization) 
     conduct a study and make recommendations on guidelines for 
     nutritional food and physical activity advertising and 
     marketing to prevent childhood obesity. In conducting such 
     study the Institute of Medicine shall--
       ``(i) evaluate children's advertising and marketing 
     guidelines and evidence-based literature relating to the 
     impact of advertising on nutritional foods and physical 
     activity in children and youth; and
       ``(ii) make recommendations on national guidelines for 
     advertising and marketing practices relating to children and 
     youth that--

       ``(I) reduce the exposure of children and youth to 
     advertising and marketing of foods of poor or minimal 
     nutritional value and practices that promote sedentary 
     behavior; and
       ``(II) increase the number of media messages that promote 
     physical activity and sound nutrition.

       ``(B) Guidelines.--Not later than 2 years after the date of 
     enactment of this section, the Institute of Medicine shall 
     submit to the Commission the final report concerning the 
     results of the study, and making the recommendations, 
     required under this paragraph.
       ``(3) National summit.--
       ``(A) In general.--Not later than 1 year after the date on 
     which the report under paragraph (2)(B) is submitted, the 
     Commission shall convene a National Summit to Implement Food 
     and Physical Activity Advertising and Marketing Guidelines to 
     Prevent Childhood Obesity (referred to in this section as the 
     `Summit').
       ``(B) Collaborative effort.--The Summit shall be a 
     collaborative effort and include representatives from--
       ``(i) education and child development groups;
       ``(ii) public health and behavioral science groups;
       ``(iii) child advocacy and health care provider groups; and
       ``(iv) advertising and marketing industry.
       ``(C) Activities.--The participants in the Summit shall 
     develop a 5-year plan for implementing the national 
     guidelines recommended by the Institute of Medicine in the 
     report submitted under paragraph (2)(B).
       ``(D) Evaluation and reports.--Not later than 1 year after 
     the date of enactment of this section, and biannually 
     thereafter, the Commission shall evaluate and submit a report 
     to Congress on the efforts of the Federal Government to 
     implement the recommendations made by the Institute of 
     Medicine in the report under paragraph (2)(B) that shall 
     include a detailed description of the plan of the Secretary 
     to implement such recommendations.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, such 
     sums as may be necessary for each of fiscal years 2006 
     through 2010.
       ``(g) Definitions.--For purposes of this section, the 
     definitions contained in section 401 of the Prevention of 
     Childhood Obesity Act shall apply.''.

     SEC. 102. FEDERAL TRADE COMMISSION AND MARKETING TO CHILDREN 
                   AND YOUTH.

       (a) In General.--Notwithstanding section 18 of the Federal 
     Trade Commission Act (15 U.S.C. 57a), the Federal Trade 
     Commission is authorized to promulgate regulations and 
     monitor compliance with the guidelines for advertising and 
     marketing of nutritional foods and physical activity directed 
     at children and youth, as recommended by the National Summit 
     to Implement Food and Physical Activity Advertising and 
     Marketing Guidelines to Prevent Childhood Obesity (as 
     established under section 399W-1(e)(3) of the Public Health 
     Service Act).
       (b) Fines.--Notwithstanding section 18 of the Federal Trade 
     Commission Act (15 U.S.C. 57a), the Federal Trade Commission 
     may assess fines on advertisers or network and media groups 
     that fail to comply with the guidelines described in 
     subsection (a).

   TITLE II--STATE CHILDREN AND YOUTH OBESITY PREVENTION AND CONTROL

     SEC. 201. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

       Title III of the Public Health Service Act (42 U.S.C. 241 
     et seq.) is amended by adding at the end the following:

                ``PART R--OBESITY PREVENTION AND CONTROL

     ``SEC. 399AA. STATE CHILDHOOD OBESITY PREVENTION AND CONTROL 
                   PROGRAMS.

       ``(a) In General.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     shall award competitive grants to eligible entities to 
     support activities that implement the children's obesity 
     prevention and control plans contained in the applications 
     submitted under subsection (b)(2).
       ``(b) Eligibility.--To be eligible to receive a grant under 
     this section, an entity shall--
       ``(1) be a State, territory, or an Indian tribe; and
       ``(2) submit to the Secretary an application at such time, 
     in such manner, and containing such agreements, assurances, 
     and information as the Secretary may require, including a 
     children's obesity prevention and control plan that--
       ``(A) is developed with the advice of stakeholders from the 
     public, private, and nonprofit sectors that have expertise 
     relating to obesity prevention and control;
       ``(B) targets prevention and control of childhood obesity;
       ``(C) describes the obesity-related services and activities 
     to be undertaken or supported by the applicant; and
       ``(D) describes plans or methods to evaluate the services 
     and activities to be carried out under the grant.
       ``(c) Use of Funds.--An eligible entity shall use amounts 
     received under a grant under this section to conduct, in a 
     manner consistent with the children's obesity prevention and 
     control plan under subsection (b)(2)--
       ``(1) an assessment of the prevalence and incidence of 
     obesity in children;
       ``(2) an identification of evidence-based and cost-
     effective best practices for preventing childhood obesity;
       ``(3) innovative multi-level behavioral or environmental 
     interventions to prevent childhood obesity;
       ``(4) demonstration projects for the prevention of obesity 
     in children and youth through partnerships between private 
     industry organizations, community-based organizations, 
     academic institutions, schools, hospitals, health insurers, 
     researchers, health professionals, or other health entities 
     determined appropriate by the Secretary;
       ``(5) ongoing coordination of efforts between governmental 
     and nonprofit entities pursuing obesity prevention and 
     control efforts, including those entities involved in related 
     areas that may inform or overlap with childhood obesity 
     prevention and control efforts, such as activities to promote 
     school nutrition and physical activity; and
       ``(6) evaluations of State and local policies and programs 
     related to obesity prevention in children.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, such 
     sums as may be necessary for each of fiscal years 2006 
     through 2010.

     ``SEC. 399AA-1. COMPREHENSIVE OBESITY PREVENTION ACTION 
                   GRANTS.

       ``(a) In General.--The Secretary shall award grants on a 
     competitive basis to eligible entities to enable such 
     entities to implement activities related to obesity 
     prevention and control.
       ``(b) Eligibility.--To be eligible to receive a grant under 
     this section, an entity shall--
       ``(1) be a public or private nonprofit entity; and
       ``(2) submit to the Secretary an application at such time, 
     in such manner, and containing such agreements, assurances, 
     and information as the Secretary may require, including a 
     description of how funds received under a grant awarded under 
     this section will be used to--
       ``(A) supplement or fulfill unmet needs identified in the 
     children's obesity prevention and control plan of a State, 
     Indian tribe, or territory (as prepared under this part); and
       ``(B) otherwise help achieve the goals of obesity 
     prevention as established by the Secretary or the Commission.
       ``(c) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to eligible entities submitting 
     applications proposing to carry out programs for preventing 
     obesity in children and youth from at-risk populations or 
     reducing health disparities in underserved populations.
       ``(d) Use of Funds.--An eligible entity shall use amounts 
     received under a grant awarded under subsection (a) to 
     implement and evaluate behavioral and environmental change 
     programs for childhood obesity prevention.
       ``(e) Evaluation.--An eligible entity that receives a grant 
     under this section shall submit to the Secretary an 
     evaluation of the operations and activities carried out under 
     such grant that includes an analysis of the utilization and 
     benefit of public health programs relevant to the activities 
     described in subsection (d).
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, such 
     sums as may be

[[Page S3672]]

     necessary for each of fiscal years 2006 through 2010.

     ``SEC. 399AA-2. DISCOVERY TO PRACTICE CENTERS OF EXCELLENCE 
                   WITHIN THE HEALTH PROMOTION AND DISEASE 
                   PREVENTION RESEARCH CENTERS OF THE CENTERS FOR 
                   DISEASE CONTROL AND PREVENTION.

       ``(a) In General.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     shall award grants to eligible entities for the establishment 
     of Centers of Excellence for Discovery to Practice (referred 
     to in this section as the `Centers') implemented through the 
     Health Promotion and Disease Prevention Research Centers of 
     the Centers for Disease Control and Prevention. Such eligible 
     entities shall use grant funds to disseminate childhood 
     obesity prevention evidence-based practices to individuals, 
     families, schools, organizations, and communities.
       ``(b) Eligibility.--To be eligible to receive a grant under 
     this section, an entity shall--
       ``(1) be a Health Promotion and Disease Prevention Research 
     Center of the Centers for Disease Control and Prevention;
       ``(2) demonstrate a history of service to and collaboration 
     with populations with a high incidence of childhood obesity; 
     and
       ``(3) submit to the Secretary an application at such time, 
     in such manner, and containing such agreements, assurances, 
     and information as the Secretary may require.
       ``(c) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to applications targeting 
     childhood obesity prevention activities in underserved 
     populations.
       ``(d) Use of Funds.--An eligible entity shall use amounts 
     received under a grant under this section to disseminate 
     childhood obesity prevention evidence-based practices through 
     activities that--
       ``(1) expand the availability of evidence-based nutrition 
     and physical activity programs designed specifically for the 
     prevention of childhood obesity; and
       ``(2) train lay and professional individuals on 
     determinants of and methods for preventing childhood obesity.
       ``(e) Evaluation.--An eligible entity that receives a grant 
     under this section shall submit to the Secretary an 
     evaluation of the operations and activities carried out under 
     such a grant that includes an analysis of increased 
     utilization and benefit of programs relevant to the 
     activities described in subsection (d).
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, 
     $50,000,000 for each of fiscal years 2006 through 2010.

     ``SEC. 399AA-3. DEFINITIONS.

       ``For purposes of this part, the definitions contained in 
     section 401 of the Prevention of Childhood Obesity Act shall 
     apply.''.

        TITLE III--FEDERAL PROGRAMS TO PREVENT CHILDHOOD OBESITY

                 Subtitle A--Preventing Obesity at Home

     SEC. 301. DEVELOPMENT OF OBESITY PREVENTION BEHAVIOR CHANGE 
                   CURRICULA FOR EARLY CHILDHOOD HOME VISITATION 
                   PROGRAMS.

       Title III of the Public Health Service Act (42 U.S.C. 241 
     et seq.), as amended by section 201, is further amended by 
     adding at the end the following:

                 ``PART S--PREVENTING CHILDHOOD OBESITY

     ``SEC. 399BB. DEVELOPMENT OF OBESITY PREVENTION BEHAVIOR 
                   CHANGE CURRICULA FOR EARLY CHILDHOOD HOME 
                   VISITATION PROGRAMS.

       ``(a) In General.--The Secretary, in collaboration with the 
     Director of the Centers for Disease Control and Prevention 
     and the Secretary of Education, shall award grants for the 
     development of obesity prevention behavior change curricula 
     to be incorporated into early childhood home visitation 
     programs.
       ``(b) Eligibility.--To be eligible to receive a grant under 
     this section, an entity shall--
       ``(1) be an academic center collaborating with a public or 
     private nonprofit organization that has the capability of 
     testing behavior change curricula in service delivery 
     settings and disseminating results to home visiting programs 
     nationally, except that an organization testing the behavior 
     change curricula developed under the grant shall implement a 
     model of home visitation that--
       ``(A) focuses on parental education and care of children 
     who are prenatal through 5 years of age;
       ``(B) promotes the overall health and well-being of young 
     children; and
       ``(C) adheres to established quality standards; and
       ``(2) submit to the Secretary an application at such time, 
     in such manner, and containing such agreements, assurances, 
     and information as the Secretary may require.
       ``(c) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to eligible entities submitting 
     applications that propose to develop and implement programs 
     for preventing childhood obesity and reducing health 
     disparities in underserved populations.
       ``(d) Use of Funds.--An eligible entity shall use amounts 
     received under a grant under this section to develop, 
     implement, and evaluate the impact of behavior change 
     curricula for early childhood home visitation programs that--
       ``(1) encourage breast-feeding of infants;
       ``(2) promote age-appropriate portion sizes for a variety 
     of nutritious foods;
       ``(3) promote consumption of fruits and vegetables and low-
     energy dense foods; and
       ``(4) encourage education around parental modeling of 
     physical activity and reduction in television viewing and 
     other sedentary activities by toddlers and young children.
       ``(e) Evaluation.--Not later than 3 years after the date on 
     which a grant is awarded under this section, the grantee 
     shall submit to the Secretary a report that describes the 
     activities carried out with funds received under the grant 
     and the effectiveness of such activities in preventing 
     obesity by improving nutrition and increasing physical 
     activity.
       ``(f) Incorporation Into Evidence-Based Programs.--The 
     Secretary, in consultation with the heads of other Federal 
     departments and agencies, shall ensure that policies that 
     prevent childhood obesity are incorporated into evidence-
     based early childhood home visitation programs in a manner 
     that provides for measurable outcomes.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $25,000,000 for 
     each of fiscal years 2006 through 2010.''.

          Subtitle B--Preventing Childhood Obesity in Schools

     SEC. 311. PREVENTING CHILDHOOD OBESITY IN SCHOOLS.

       (a) In General.--Part S of title III of the Public Health 
     Service Act (as added by section 301) is amended by adding at 
     the end the following:

     ``SEC. 399BB-1. PREVENTING CHILDHOOD OBESITY IN SCHOOLS.

       ``(a) In General.--The Secretary, in collaboration with the 
     Director of the Centers for Disease Control and Prevention, 
     the Secretary of Education, the Secretary of Agriculture, and 
     the Secretary of the Interior shall establish and implement 
     activities to prevent obesity by encouraging healthy 
     nutrition choices and physical activity in schools.
       ``(b) Schools.--The Secretary, in consultation with the 
     Secretary of Education, shall require that each local 
     educational agency that receives Federal funds establish 
     policies to ban vending machines that sell foods of poor or 
     minimal nutritional value in schools.
       ``(c) School Districts.--
       ``(1) In general.--The Secretary shall award grants to 
     local educational agencies to enable elementary and secondary 
     schools to promote good nutrition and physical activity among 
     children.
       ``(2) Carol m. white physical education program.--The 
     Secretary of Education, in collaboration with the Secretary, 
     may give priority in awarding grants under the Carol M. White 
     Physical Education Program under subpart 10 of part D of 
     title V of the Elementary and Secondary Education Act of 1965 
     to local educational agencies and other eligible entities 
     that have a plan to--
       ``(A) implement behavior change curricula that promotes the 
     concepts of energy balance, good nutrition, and physical 
     activity;
       ``(B) implement policies that encourage the appropriate 
     portion sizes and limit access to soft drinks or other foods 
     of poor or minimal nutritional value on school campuses, and 
     at school events;
       ``(C) provide age-appropriate daily physical activity that 
     helps students to adopt, maintain, and enjoy a physically 
     active lifestyle;
       ``(D) maintain a minimum number of functioning water 
     fountains (based on the number of individuals) in school 
     buildings;
       ``(E) prohibit advertisements and marketing in schools and 
     on school grounds for foods of poor or minimal nutritional 
     value such as fast foods, soft drinks, and candy; and
       ``(F) develop and implement policies to conduct an annual 
     assessment of each student's body mass index and provide such 
     assessment to the student and the parents of that student 
     with appropriate referral mechanisms to address concerns with 
     respect to the results of such assessments.
       ``(3) Grants for additional activities.--The Director of 
     the Centers for Disease Control and Prevention, in 
     collaboration with the Secretary, the Secretary of 
     Agriculture, and the Secretary of Education, shall award 
     grants for the implementation and evaluation of activities 
     that--
       ``(A) educate students about the health benefits of good 
     nutrition and moderate or vigorous physical activity by 
     integrating it into other subject areas and curriculum;
       ``(B) provide food options that are low in fat, calories, 
     and added sugars such as fruit, vegetables, whole grains, and 
     dairy products;
       ``(C) develop and implement guidelines for healthful snacks 
     and foods for sale in vending machines, school stores, and 
     other venues within the school's control;
       ``(D) restrict student access to vending machines, school 
     stores, and other venues that contain foods of poor or 
     minimal nutritional value;
       ``(E) encourage adherence to single-portion sizes, as 
     defined by the Food and Drug Administration, in foods offered 
     in the school environment;
       ``(F) provide daily physical education for students in 
     prekindergarten through grade 12 through programs that are 
     consistent with the Guidelines for Physical Activity as 
     reported by Centers for Disease Control and Prevention and 
     the American College of Sports Medicine and National Physical 
     Education Standards;
       ``(G) encourage the use of school facilities for physical 
     activity programs offered by the school or community-based 
     organizations outside of school hours;

[[Page S3673]]

       ``(H) promote walking or bicycling to and from school using 
     such programs as Walking School Bus and Bike Train;
       ``(I) train school personnel in a manner that provides such 
     personnel with the knowledge and skills needed to effectively 
     teach lifelong healthy eating and physical activity; and
       ``(J) evaluate the impact of school nutrition and physical 
     education programs and facilities on body mass index and 
     related fitness criteria at annual intervals to determine the 
     extent to which national guidelines are met.
       ``(d) Evaluation.--Not later than 3 years after the date on 
     which a grant is awarded under this section, the grantee 
     shall submit to the Director of the Centers for Disease 
     Control and Prevention a report that describes the activities 
     carried out with funds received under the grant and the 
     effectiveness of such activities in improving nutrition and 
     increasing physical activity.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $50,000,000 for 
     each of fiscal years 2006 through 2010.''.
       (b) Carol M. White Physical Education Program.--Subpart 10 
     of part D of title V of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7261 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 5508. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subpart, $150,000,000 for each of fiscal years 2006 through 
     2010.''.

    Subtitle C--Preventing Childhood Obesity in Afterschool Programs

     SEC. 321. CHILDHOOD OBESITY PREVENTION GRANTS TO AFTERSCHOOL 
                   PROGRAMS.

       Part S of title III of the Public Health Service Act (as 
     amended by section 311) is further amended by adding at the 
     end the following:

     ``SEC. 399BB-2. CHILDHOOD OBESITY PREVENTION GRANTS TO 
                   AFTERSCHOOL PROGRAMS.

       ``(a) In General.--The Secretary, in collaboration with the 
     Director of the Centers for Disease Control and Prevention 
     and the Secretary of Education, shall award grants for the 
     development of obesity prevention behavior change curricula 
     for afterschool programs for children.
       ``(b) Eligibility.--To be eligible to receive a grant under 
     this section, an entity shall--
       ``(1) be an academic center collaborating with a public or 
     private nonprofit organization that has the capability of 
     testing behavior change curricula in service delivery 
     settings and disseminating results to afterschool programs on 
     a nationwide basis, except that an organization testing the 
     behavior change curricula developed under the grant shall 
     implement a model of afterschool programming that shall--
       ``(A) focus on afterschool programs for children up to the 
     age of 13 years;
       ``(B) promote the overall health and well-being of children 
     and youth; and
       ``(C) adhere to established quality standards; and
       ``(2) submit to the Secretary an application at such time, 
     in such manner, and containing such agreements, assurances, 
     and information as the Secretary may require.
       ``(c) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to eligible entities submitting 
     applications proposing to develop, implement, and evaluate 
     programs for preventing and controlling childhood obesity or 
     reducing health disparities in underserved populations.
       ``(d) Use of Funds.--An eligible entity shall use amounts 
     received under a grant under this section to develop, 
     implement, and evaluate, and disseminate the results of such 
     evaluations, the impact of curricula for afterschool programs 
     that promote--
       ``(1) age-appropriate portion sizes;
       ``(2) consumption of fruits and vegetables and low-energy 
     dense foods;
       ``(3) physical activity; and
       ``(4) reduction in television viewing and other passive 
     activities.
       ``(e) Evaluation.--Not later than 3 years after the date on 
     which a grant is awarded under this section, the grantee 
     shall submit to the Secretary a report that described the 
     activities carried out with funds received under the grant 
     and the effectiveness of such activities in preventing 
     obesity, improving nutrition, and increasing physical 
     activity.
       ``(f) Incorporation of Policies Into Federal Programs.--The 
     Secretary, in consultation with the heads of other Federal 
     departments and agencies, shall ensure that policies that 
     prevent childhood obesity are incorporated into evidence-
     based afterschool programs in a manner that provides for 
     measurable outcomes.
       ``(g) Definition.--In this section, the term `afterschool 
     programs' means programs providing structured activities for 
     children during out-of-school time, including before school, 
     after school, and during the summer months.
       ``(h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $25,000,000 for 
     each of fiscal years 2006 through 2010.''.

 Subtitle D--Training Early Childhood and Afterschool Professionals to 
                       Prevent Childhood Obesity

     SEC. 331. TRAINING EARLY CHILDHOOD AND AFTERSCHOOL 
                   PROFESSIONALS TO PREVENT CHILDHOOD OBESITY.

       Part S of title III of the Public Health Service Act (as 
     amended by section 321) is further amended by adding at the 
     end the following:

     ``SEC. 399BB-3. TRAINING EARLY CHILDHOOD AND AFTERSCHOOL 
                   PROFESSIONALS TO PREVENT CHILDHOOD OBESITY.

       ``(a) In General.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, shall award grants to support the training of 
     early childhood professionals (such as parent educators and 
     child care providers) about obesity prevention, with emphasis 
     on nationally accepted standards.
       ``(b) Eligibility.--To be eligible to receive a grant under 
     this section, an entity shall--
       ``(1) be a public or private nonprofit organization that 
     conducts or supports early childhood and afterschool 
     programs, home visitation, or other initiatives that--
       ``(A) focus on parental education and care of children;
       ``(B) promote the overall health and well-being of 
     children;
       ``(C) adhere to established quality standards; and
       ``(D) have the capability to provide or distribute training 
     on a nationwide basis; and
       ``(2) submit to the Secretary an application at such time, 
     in such manner, and containing such agreements, assurances, 
     and information as the Secretary may require.
       ``(c) Evaluation.--Not later than 3 years after the date on 
     which a grant is awarded under this section, the grantee 
     shall submit to the Administrator of the Health Resources and 
     Services Administration a report that describes the 
     activities carried out with funds received under the grant 
     and the effectiveness of such activities in improving the 
     practice of child care and afterschool professionals with 
     respect to the prevention of obesity.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $10,000,000 for 
     each of fiscal years 2006 through 2010.''.

        Subtitle E--Preventing Childhood Obesity in Communities

     SEC. 341. PREVENTING CHILDHOOD OBESITY IN COMMUNITIES.

       Part S of title III of the Public Health Service Act (as 
     amended by section 331) is further amended by adding at the 
     end the following:

     ``SEC. 399BB-4. PREVENTING CHILDHOOD OBESITY IN COMMUNITIES.

       ``(a) In General.--The Director of the Centers for Disease 
     Control and Prevention, in collaboration with the Secretary, 
     the Secretary of Transportation, and Secretary of the 
     Interior, shall award grants and implement activities to 
     encourage healthy nutrition and physical activity by children 
     in communities.
       ``(b) Eligibility.--To be eligible to receive a grant under 
     this section, an entity shall--
       ``(1) be a public or private nonprofit organization or 
     community-based organizations that conduct initiatives that--
       ``(A) focus on parental education and care of children;
       ``(B) promote the overall health and well-being of 
     children;
       ``(C) adhere to established quality standards; and
       ``(D) have the capability to provide training on a 
     nationwide basis; and
       ``(2) submit to the Secretary an application at such time, 
     in such manner, and containing such agreements, assurances, 
     and information as the Secretary may require.
       ``(c) Communities.--
       ``(1) In general.--The Director of the Centers for Disease 
     Control and Prevention, in collaboration with the Secretary, 
     the Secretary of Transportation, and Secretary of the 
     Interior, shall award grants to eligible entities to develop 
     broad partnerships between private and public and nonprofit 
     entities to promote healthy nutrition and physical activity 
     for children by assessing, modifying, and improving community 
     planning and design.
       ``(2) Activities.--Amounts awarded under a grant under 
     paragraph (1) shall be used for the implementation and 
     evaluation of activities--
       ``(A) to create neighborhoods that encourage healthy 
     nutrition and physical activity;
       ``(B) to promote safe walking and biking routes to schools;
       ``(C) to design pedestrian zones and construct safe 
     walkways, cycling paths, and playgrounds;
       ``(D) to implement campaigns, in communities at risk for 
     sedentary activity, designed to increase levels of physical 
     activity, which should be evidence-based, and may incorporate 
     informational, behavioral, and social, or environmental and 
     policy change interventions;
       ``(E) to implement campaigns, in communities at risk for 
     poor nutrition, that are designed to promote intake of foods 
     by children consistent with established dietary guidelines 
     through the use of different types of media including 
     television, radio, newspapers, movie theaters, billboards, 
     and mailings; and
       ``(F) to implement campaigns, in communities at risk for 
     poor nutrition, that promote water as the main daily drink of 
     choice for children through the use of different types of 
     media including television, radio, newspapers, movie 
     theaters, billboards, and mailings.
       ``(d) Evaluation.--Not later than 3 years after the date on 
     which a grant is awarded under this section, the grantee 
     shall submit

[[Page S3674]]

     to the Director of the Centers for Disease Control and 
     Prevention a report that describes the activities carried out 
     with funds received under the grant and the effectiveness of 
     such activities in increasing physical activity and improving 
     dietary intake.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $50,000,000 for 
     each of fiscal years 2006 through 2010.''.

     SEC. 342. GRANTS AND CONTRACTS FOR A NATIONAL CAMPAIGN TO 
                   CHANGE CHILDREN'S HEALTH BEHAVIORS.

       Section 399Y of the Public Health Service Act (42 U.S.C. 
     280h-2) is amended by striking subsection (b) and inserting 
     the following:
       ``(b) Grants.--
       ``(1) In general.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     shall award grants or contracts to eligible entities to 
     design and implement culturally and linguistically 
     appropriate and competent campaigns to change children's 
     health behaviors.
       ``(2) Eligible entity.--In this subsection, the term 
     `eligible entity' means a marketing, public relations, 
     advertising, or other appropriate entity.
       ``(3) Content.--An eligible entity that receives a grant 
     under this subsection shall use funds received through such 
     grant or contract to utilize marketing and communication 
     strategies to--
       ``(A) communicate messages to help young people develop 
     habits that will foster good health over a lifetime;
       ``(B) provide young people with motivation to engage in 
     sports and other physical activities;
       ``(C) influence youth to develop good health habits such as 
     regular physical activity and good nutrition;
       ``(D) educate parents of young people on the importance of 
     physical activity and improving nutrition, how to maintain 
     healthy behaviors for the entire family, and how to encourage 
     children to develop good nutrition and physical activity 
     habits; and
       ``(E) discourage stigmatization and discrimination based on 
     body size or shape.
       ``(4) Report.--The Secretary shall evaluate the 
     effectiveness of the campaign described in paragraph (1) in 
     changing children's behaviors and report such results to the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $125,000,000 
     for fiscal year 2006, and such sums as may be necessary for 
     each of fiscal years 2007 through 2011.''.

     SEC. 343. PREVENTION OF CHILDHOOD OBESITY RESEARCH THROUGH 
                   THE NATIONAL INSTITUTES OF HEALTH.

       (a) In General.--The Director of the National Institutes of 
     Health, in accordance with the National Institutes of 
     Health's Strategic Plan for Obesity Research, shall expand 
     and intensify research that addresses the prevention of 
     childhood obesity.
       (b) Plan.--The Director of the National Institutes of 
     Health shall--
       (1) conduct or support research programs and research 
     training concerning the prevention of obesity in children; 
     and
       (2) develop and periodically review, and revise as 
     appropriate, the Strategic Plan for Obesity Research.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, such sums as 
     may be necessary for each of fiscal years 2006 through 2011. 
     Amounts appropriated under this section shall be in addition 
     to other amounts available for carrying out activities of the 
     type described in this section.

     SEC. 344. RESEARCH ON THE RELATIONSHIP BETWEEN THE PHYSICAL 
                   ACTIVITY OF CHILDREN AND THE BUILT ENVIRONMENT.

       Part S of title III of the Public Health Service Act (as 
     amended by section 341) is further amended by adding at the 
     end the following:

     ``SEC. 399BB-5. RESEARCH ON THE RELATIONSHIP BETWEEN THE 
                   PHYSICAL ACTIVITY OF CHILDREN AND THE BUILT 
                   ENVIRONMENT.

       ``(a) In General.--The Secretary shall support research 
     efforts to promote physical activity in children through 
     enhancement of the built environment.
       ``(b) Eligibility.--In this section, the term `eligible 
     institution' means a public or private nonprofit institution 
     that submits to the Secretary an application at such time, in 
     such manner, and containing such agreements, assurances, and 
     information as the Secretary may require.
       ``(c) Grant Programs.--
       ``(1) Research.--The Secretary, in collaboration with the 
     Transportation Research Board of the National Research 
     Council, shall award grants to eligible institutions to 
     expand, intensify, and coordinate research that will--
       ``(A) investigate and define causal links between the built 
     environment and levels of physical activity in children;
       ``(B) include focus on a variety of geographic scales, with 
     particular focus given to smaller geographic units of 
     analysis such as neighborhoods and areas around elementary 
     schools and secondary schools;
       ``(C) identify or develop effective intervention strategies 
     to promote physical activity among children with focus on 
     behavioral interventions and enhancements of the built 
     environment that promote increased use by children; and
       ``(D) assure the generalizability of intervention 
     strategies to high-risk populations and high-risk 
     communities, including low-income urban and rural 
     communities.
       ``(2) Intervention pilot programs.--The Secretary, in 
     collaboration with the Transportation Research Board of the 
     National Research Council and with appropriate Federal 
     agencies, shall award grants to pilot test the intervention 
     strategies identified or developed through research 
     activities described in paragraph (1) relating to increasing 
     use of the built environment by children.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for each of fiscal years 2006 
     through 2010.

     ``SEC. 399BB-6. DEFINITIONS.

       ``For purposes of this part, the definitions contained in 
     section 401 of the Prevention of Childhood Obesity Act shall 
     apply.''.

                   TITLE IV--MISCELLANEOUS PROVISIONS

     SEC. 401. DEFINITIONS.

       In this Act:
       (1) Childhood.--The term ``childhood'' means children and 
     youth from birth to 18 years of age.
       (2) Children.--The term ``children'' means children and 
     youth from birth through 18 years of age.
       (3) Food of poor or minimal nutritional value.--The term 
     ``food of poor or minimal nutritional value'' has the meaning 
     given the term ``food of minimal nutritional value'' for 
     purposes of the Richard B. Russell National School Lunch Act 
     (42 U.S.C. 1751 et seq.) and part 210 of title 7, Code of 
     Federal Regulations.
       (4) Obesity and overweight.--The terms ``obesity'' and 
     ``overweight'' have the meanings given such terms by the 
     Centers for Disease Control and Prevention.
       (5) Obesity control.--The term ``obesity control'' means 
     programs or activities for the prevention of excessive weight 
     gain.
       (6) Obesity prevention.--The term ``obesity prevention'' 
     means prevention of obesity or overweight.
                                 ______
                                 
      By Ms. COLLINS (for herself, Mr. Lieberman, Mr. Voinovich, Mr. 
        Akaka, Ms. Landrieu, and Mr. Durbin):
  S. 800. A bill to amend the District of Columbia Home Rule Act to 
provide the District of Columbia with autonomy over its budgets, and 
for other purposes; to the Committee on Homeland Security and 
Governmental Affairs.
  Ms. Collins. Mr. President, today I am introducing legislation that 
includes the District of Columbia Budget Autonomy Act of 2005 and the 
District of Columbia Independence of the Chief Financial Officer Act of 
2005. Last Congress, I introduced this legislation, which passed the 
Senate unanimously. This legislation would provide the District of 
Columbia with more autonomy over its local budget and make permanent 
the authority of the D.C. Chief Financial Officer.
  Providing the District of Columbia with more autonomy over its local 
budget will help the Mayor and the Council of the District of Columbia 
better manage and run the city. Currently, the District of Columbia 
must submit its budget through the normal Federal appropriations 
process. Unfortunately, this process is often riddled with delays. For 
example, the average delay for enactment of an appropriations bill for 
the District of Columbia has been 3 months. The result of this delay is 
clear. For a local community these delays affect programs, planning and 
management initiatives important to the everyday lives of the residents 
of the city.
  The ability of D.C., like any other city in the Nation, to operate 
efficiently and address the needs of its citizens is of utmost 
importance. Unlike other budgets that are approved by Congress, the 
local D.C. budget has a direct effect on local services and programs 
and affects the quality oflife for the residents of D.C. Congress has 
recognized the practical issues associated with running a city. As a 
result, in the 1970s, Congress passed the D.C. Home Rule Act which 
established the current form of local government. Congress also 
empowered D.C. to enact local laws that affect the everyday lives of 
District residents. And, now, I believe it is time for Congress to do 
the same with regard to the local budget.
  The District of Columbia Budget Autonomy Act of 2005 would address 
these problems by authorizing the local government to pass its own 
budget each year. This bill would only affect that portion of the D.C. 
budget that includes the use oflocal funds, not Federal funds. In 
addition, the bill still provides for congressional oversight. Prior to 
a local budget becoming effective, Congress will have a 30-day period

[[Page S3675]]

in which to review the local budget. In addition, the local authority 
to pass a budget would be suspended during any periods of poor 
financial condition that would trigger a control year.
  Having the locally elected officials of those providing the funds 
that are the subject of the budget process decide on how those funds 
should be spent is a matter of simple fairness. There are also the 
practical difficulties that the current system causes when the local 
budget is not approved until well into the fiscal year. By enacting 
this bill, Congress would be appropriately carrying out its 
constitutional duties with respect to the District by improving the 
city's ability to better plan, manage and run its local programs and 
services. This is what the taxpayers of the District of Columbia have 
elected their local officials to do.
  The legislation also includes the District of Columbia Independence 
of the Chief Financial Officer Act of 2005 which would make permanent 
the authority of the District of Columbia Chief Financial Officer. The 
current Chief Financial Officer for the District of Columbia is 
operating under authority it derived from the D.C. Control Board, which 
is currently dormant due to the city's improved financial situation. 
That authority was set to sunset when the D.C. Control Board was phased 
out; however, the CFO's authority continues to be extended through the 
appropriations process, until such time as permanent legislation is 
enacted.
  Ensuring continued financial accountability of the D.C. government is 
crucial for the fiscal stability of the city. The CFO has played a 
significant role in maintaining this stability. While providing the 
District with more autonomy over its budgets, it is also important that 
the CFO's authority is made permanent and that its role is clear.
  I urge my colleagues to support this important piece of legislation.
                                 ______
                                 
      By Mr. NELSON of Florida:
  S. 801. A bill to designate the United States courthouse located at 
300 North Hogan Street, Jacksonville, Florida, as the ``John Milton 
Bryan Simpson United States Courthouse''; to the Committee on 
Environment and Public Works.
  Mr. NELSON. Mr. President, today I rise to introduce a bill 
designating a Jacksonville courthouse as the John Milton Bryan Simpson 
United States Courthouse.
  John Milton Bryan Simpson was born in Kissimmee, FL, in 1903. He was 
nominated to the Southern District Court of Florida by President Truman 
in 1950 and to the Federal court of appeals by President Johnson in 
1966.
  Designating this courthouse after the late Judge Simpson is a fitting 
tribute to a man whose judicial decisions were instrumental in 
desegregating public facilities in Jacksonville, Orlando, and Daytona 
Beach.
  It is important that we remember not only his name but also his 
legacy of courage during that period of our history.
  I hope that other members of the Senate will join me in honoring 
Judge Simpson, a man who was not only a hero to the state of Florida, 
but a national hero.
                                 ______
                                 
      By Mr. DOMENICI (for himself, Mr. Baucus, Mr. Burns, Mr. Johnson, 
        Mr. Roberts, Mr. Bingaman, Mr. Allard, Mr. Wyden, Mr. Smith, 
        Mr. Hagel, and Mr. Brownback):
  S. 802. A bill to establish a National Drought Council within the 
Department of Agriculture, to improve national drought preparedness, 
mitigation, and response efforts, and for other purposes; to the 
Committee on Agriculture, Nutrition, and Forestry.
  Mr. DOMENICI1. Mr. President, I rise today to introduce The National 
Drought Preparedness Act of 2005. First off, I would like to thank 
Senator Baucus. As the lead cosponsor, his strong leadership and hard 
work on this bill has been a tremendous help.
  Drought is a unique emergency situation; it creeps in unlike other 
abrupt weather disasters. Without a national drought policy we 
constantly live not knowing what the next year will bring. 
Unfortunately, when we find ourselves facing a drought, towns often 
scramble to drill new water wells, fires often sweep across bone dry 
forests and farmers and ranchers are forced to watch their way of life 
blow away with the dust.
  We must be vigilant and prepare ourselves for quick action when the 
next drought cycle begins. Better planning on our part could limit some 
of the damage felt by drought. I submit that this bill is the exact 
tool needed for facilitating better planning.
  This Act establishes a National Drought Council within the Department 
of Agriculture to improve national drought preparedness, mitigation and 
response efforts. The National Drought Council will formulate 
strategies to alleviate the effects of drought by fostering a greater 
understanding of what triggers wide-spread drought conditions. By 
educating the public in water conservation and proper land stewardship, 
we can ensure a better preparedness when future drought plagues our 
country.
  The impacts of drought are also very costly. According to NOAA, there 
have been 12 different drought events since 1980 that resulted in 
damages and costs exceeding $1 billion each. In 2000, severe drought in 
the South-Central and Southeastern states caused losses to agriculture 
and related industries of over $4 billion. Western wildfires that year 
totaled over $2 billion in damages. The Eastern drought in 1999 led to 
$1 billion in losses. These are just a few of the statistics.
  While drought affects the economic and environmental well being of 
the entire nation, the United States has lacked a cohesive strategy for 
dealing with serious drought emergencies. As many of you know, the 
impact of drought emerges gradually rather than suddenly as is the case 
with other natural disasters.
  I am pleased to be following through on what I started in 1997. The 
bill that we are introducing today is the next step in implementing a 
national, cohesive drought policy. The bill recognizes that drought is 
a recurring phenomenon that causes serious economic and environmental 
loss and that a national drought policy is needed to ensure an 
integrated, coordinated strategy.
  The National Drought Preparedness Act of 2005 does the following: It 
creates national policy for drought. This will hopefully move the 
country away from the costly, ad hoc, response-oriented approach to 
drought, and move us toward a pro-active, preparedness approach. The 
new national policy would provide the tools and focus, similar to the 
Stafford Act, for Federal, State, tribal and local governments to 
address the diverse impacts and costs caused by drought.
  The Bill would improve delivery of federal drought programs. This 
would ensure improved program delivery, integration and leadership. To 
achieve this intended purpose, the bill establishes the National 
Drought Council, designating USDA as the lead federal agency. The 
Council and USDA would provide the coordinating and integrating 
function for federal drought programs, much like FEMA provides that 
function for other natural disasters under the Stafford Act.
  The Act will provide new tools for drought preparedness planning. 
Building on existing policy and planning processes, the bill would 
assist states, local governments, tribes, and other entities in the 
development and implementation of drought preparedness plans. The bill 
does not mandate state and local planning, but is intended to 
facilitate plan development and implementation through establishment of 
the Drought Assistance Fund.
  The bill would improve forecasting & monitoring by facilitating the 
development of the National Drought Monitoring Network in order to 
improve the characterization of current drought conditions and the 
forecasting of future droughts. Ultimately, this would provide a better 
basis to ``trigger'' federal drought assistance.
  Finally, the bill would authorize the USDA to provide reimbursement 
to states for reasonable staging and pre-positioning costs when there 
is a threat of a wildfire.
  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. 802

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

[[Page S3676]]

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``National 
     Drought Preparedness Act of 2005''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents
Sec. 2. Findings
Sec. 3. Definitions
Sec. 4. Effect of Act

                     TITLE I--DROUGHT PREPAREDNESS

                  Subtitle A--National Drought Council

Sec. 101. Membership and voting
Sec. 102. Duties of the Council
Sec. 103. Powers of the Council
Sec. 104. Council personnel matters
Sec. 105. Authorization of appropriations
Sec. 106. Termination of Council

          Subtitle B--National Office of Drought Preparedness

Sec. 111. Establishment
Sec. 112. Director of the Office
Sec. 113. Office staff

                 Subtitle C--Drought Preparedness Plans

Sec. 121. Drought Assistance Fund
Sec. 122. Drought preparedness plans
Sec. 123. Federal plans
Sec. 124. State and tribal plans
Sec. 125. Regional and local plans
Sec. 126. Plan elements

                     TITLE II--WILDFIRE SUPPRESSION

Sec. 201. Grants for prepositioning wildfire suppression resources

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) drought is a natural disaster;
       (2) regional drought disasters in the United States cause 
     serious economic and environmental losses, yet there is no 
     national policy to ensure an integrated and coordinated 
     Federal strategy to prepare for, mitigate, or respond to such 
     losses;
       (3) drought has an adverse effect on resource-dependent 
     businesses and industries (including the recreation and 
     tourism industries);
       (4) State, tribal, and local governments have to increase 
     coordinated efforts with each Federal agency involved in 
     drought monitoring, planning, mitigation, and response;
       (5) effective drought monitoring--
       (A) is a critical component of drought preparedness and 
     mitigation; and
       (B) requires a comprehensive, integrated national program 
     that is capable of providing reliable, accessible, and timely 
     information to persons involved in drought planning, 
     mitigation, and response activities;
       (6) the National Drought Policy Commission was established 
     in 1998 to provide advice and recommendations on the creation 
     of an integrated, coordinated Federal policy designed to 
     prepare for and respond to serious drought emergencies;
       (7) according to the report issued by the National Drought 
     Policy Commission in May 2000, the guiding principles of 
     national drought policy should be--
       (A) to favor preparedness over insurance, insurance over 
     relief, and incentives over regulation;
       (B) to establish research priorities based on the potential 
     of the research to reduce drought impacts;
       (C) to coordinate the delivery of Federal services through 
     collaboration with State and local governments and other non-
     Federal entities; and
       (D) to improve collaboration among scientists and managers; 
     and
       (8) the National Drought Council, in coordination with 
     Federal agencies and State, tribal, and local governments, 
     should provide the necessary direction, coordination, 
     guidance, and assistance in developing a comprehensive 
     drought preparedness system.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Council.--The term ``Council'' means the National 
     Drought Council established by section 101(a).
       (2) Critical service provider.--The term ``critical service 
     provider'' means an entity that provides power, water 
     (including water provided by an irrigation organization or 
     facility), sewer services, or wastewater treatment.
       (3) Director.--The term ``Director'' means the Director of 
     the Office appointed under section 112(a).
       (4) Drought.--The term ``drought'' means a natural disaster 
     that is caused by a deficiency in precipitation--
       (A) that may lead to a deficiency in surface and subsurface 
     water supplies (including rivers, streams, wetlands, ground 
     water, soil moisture, reservoir supplies, lake levels, and 
     snow pack); and
       (B) that causes or may cause--
       (i) substantial economic or social impacts; or
       (ii) physical damage or injury to individuals, property, or 
     the environment.
       (5) Fund.--The term ``Fund'' means the Drought Assistance 
     Fund established by section 121(a).
       (6) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (7) Interstate watershed.--The term ``interstate 
     watershed'' means a watershed that crosses a State or tribal 
     boundary.
       (8) Mitigation.--The term ``mitigation'' means a short- or 
     long-term action, program, or policy that is implemented in 
     advance of or during a drought to minimize any risks and 
     impacts of drought.
       (9) National integrated drought information system.--The 
     term ``National Integrated Drought Information System'' means 
     a comprehensive system that collects and integrates 
     information on the key indicators of drought, including 
     stream flow, ground water levels, reservoir levels, soil 
     moisture, snow pack, and climate (including precipitation and 
     temperature), in order to make usable, reliable, and timely 
     assessments of drought, including the severity of drought and 
     drought forecasts.
       (10) Neighboring country.--The term ``neighboring country'' 
     means Canada and Mexico.
       (11) Office.--The term ``Office'' means the National Office 
     of Drought Preparedness established under section 111.
       (12) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (13) State.--The term ``State'' means--
       (A) each of the several States of the United States;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) Guam;
       (E) American Samoa;
       (F) the Commonwealth of the Northern Mariana Islands;
       (G) the Federated States of Micronesia;
       (H) the Republic of the Marshall Islands;
       (I) the Republic of Palau; and
       (J) the United States Virgin Islands.
       (14) Trigger.--The term ``trigger'' means the thresholds or 
     criteria that must be satisfied before mitigation or 
     emergency assistance may be provided to an area--
       (A) in which drought is emerging; or
       (B) that is experiencing a drought.
       (15) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary of Agriculture for Natural Resources and 
     Environment.
       (16) United states.--The term ``United States'', when used 
     in a geographical sense, means all of the States.
       (17) Watershed.--
       (A) In general.--The term ``watershed'' means--
       (i) a region or area with common hydrology;
       (ii) an area drained by a waterway that drains into a lake 
     or reservoir;
       (iii) the total area above a designated point on a stream 
     that contributes water to the flow at the designated point; 
     or
       (iv) the topographic dividing line from which surface 
     streams flow in 2 different directions.
       (B) Exclusion.--The term ``watershed'' does not include a 
     region or area described in subparagraph (A) that is larger 
     than a river basin.
       (18) Watershed group.--The term ``watershed group'' means a 
     group of individuals that--
       (A) represents the broad scope of relevant interests in a 
     watershed; and
       (B) works in a collaborative manner to jointly plan the 
     management of the natural resources in the watershed; and
       (C) is formally recognized by each of the States in which 
     the watershed lies.

     SEC. 4. EFFECT OF ACT.

       This Act does not affect--
       (1) the authority of a State to allocate quantities of 
     water under the jurisdiction of the State; or
       (2) any State water rights established as of the date of 
     enactment of this Act.

                     TITLE I--DROUGHT PREPAREDNESS

                  Subtitle A--National Drought Council

     SEC. 101. MEMBERSHIP AND VOTING.

       (a) In General.--There is established in the Office of the 
     Secretary a council to be known as the ``National Drought 
     Council''.
       (b) Membership.--
       (1) Composition.--The Council shall be composed of--
       (A) the Secretary;
       (B) the Secretary of Commerce;
       (C) the Secretary of the Army;
       (D) the Secretary of the Interior;
       (E) the Director of the Federal Emergency Management 
     Agency;
       (F) the Administrator of the Environmental Protection 
     Agency;
       (G) 4 members appointed by the Secretary, in coordination 
     with the National Governors Association--
       (i) who shall each be a Governor of a State; and
       (ii) who shall collectively represent the geographic 
     diversity of the United States;
       (H) 1 member appointed by the Secretary, in coordination 
     with the National Association of Counties;
       (I) 1 member appointed by the Secretary, in coordination 
     with the United States Conference of Mayors;
       (J) 1 member appointed by the Secretary of the Interior, in 
     coordination with Indian tribes, to represent the interests 
     of tribal governments; and
       (K) 1 member appointed by the Secretary, in coordination 
     with the National Association of Conservation Districts, to 
     represent local soil and water conservation districts.
       (2) Date of appointment.--The appointment of each member of 
     the Council shall be made not later than 120 days after the 
     date of enactment of this Act.
       (c) Term; Vacancies.--
       (1) Term.--
       (A) In general.--Except as provided in subparagraph (B), a 
     member of the Council shall serve for the life of the 
     Council.
       (B) Exception.--A member of the Council appointed under 
     subparagraphs (G) through

[[Page S3677]]

     (K) of subsection (b)(1) shall be appointed for a term of 2 
     years.
       (2) Vacancies.--
       (A) In general.--A vacancy on the Council--
       (i) shall not affect the powers of the Council; and
       (ii) shall be filled in the same manner as the original 
     appointment was made.
       (B) Duration of appointment.--A member appointed to fill a 
     vacancy occurring before the expiration of the term for which 
     the predecessor was appointed shall be appointed only for the 
     remainder of the term.
       (d) Meetings.--
       (1) In general.--The Council shall meet at the call of the 
     co-chairs.
       (2) Frequency.--The Council shall meet at least 
     semiannually.
       (e) Quorum.--A majority of the members of the Council, 
     including a designee of a member, shall constitute a quorum, 
     but a lesser number may hold hearings or conduct other 
     business.
       (f) Co-chairs.--
       (1) In general.--There shall be a Federal co-chair and non-
     Federal co-chair of the Council.
       (2) Appointment.--
       (A) Federal co-chair.--The Secretary shall be Federal co-
     chair.
       (B) Non-federal co-chair.--Every 2 years, the Council 
     members appointed under subparagraphs (G) through (K) of 
     subsection (b)(1) shall select a non-Federal co-chair from 
     among the members appointed under those subparagraphs.
       (g) Director.--
       (1) In general.--The Director shall serve as Director of 
     the Council.
       (2) Duties.--The Director shall serve the interests of all 
     members of the Council.

     SEC. 102. DUTIES OF THE COUNCIL.

       (a) In General.--The Council shall--
       (1) not later than 1 year after the date of the first 
     meeting of the Council, develop a comprehensive National 
     Drought Policy Action Plan that--
       (A)(i) delineates and integrates responsibilities for 
     activities relating to drought (including drought 
     preparedness, mitigation, research, risk management, 
     training, and emergency relief) among Federal agencies; and
       (ii) ensures that those activities are coordinated with the 
     activities of the States, local governments, Indian tribes, 
     and neighboring countries;
       (B) is consistent with--
       (i) this Act and other applicable Federal laws; and
       (ii) the laws and policies of the States for water 
     management;
       (C) is integrated with drought management programs of the 
     States, Indian tribes, local governments, watershed groups, 
     and private entities; and
       (D) avoids duplicating Federal, State, tribal, local, 
     watershed, and private drought preparedness and monitoring 
     programs in existence on the date of enactment of this Act;
       (2) evaluate Federal drought-related programs in existence 
     on the date of enactment of this Act and make recommendations 
     to Congress and the President on means of eliminating--
       (A) discrepancies between the goals of the programs and 
     actual service delivery;
       (B) duplication among programs; and
       (C) any other circumstances that interfere with the 
     effective operation of the programs;
       (3) make recommendations to the President, Congress, and 
     appropriate Federal Agencies on--
       (A) the establishment of common interagency triggers for 
     authorizing Federal drought mitigation programs; and
       (B) improving the consistency and fairness of assistance 
     among Federal drought relief programs;
       (4) in conjunction with the Secretary of Commerce, 
     coordinate and prioritize specific activities to establish 
     and improve the National Integrated Drought Information 
     System by--
       (A) taking into consideration the limited resources for--
       (i) drought monitoring, prediction, and research 
     activities; and
       (ii) water supply forecasting; and
       (B) providing for the development of an effective drought 
     early warning system that--
       (i) communicates drought conditions and impacts to--

       (I) decisionmakers at the Federal, regional, State, tribal, 
     and local levels of government;
       (II) the private sector; and
       (III) the public; and

       (ii) includes near-real-time data, information, and 
     products developed at the Federal, regional, State, tribal, 
     and local levels of government that reflect regional and 
     State differences in drought conditions;
       (5) in conjunction with the Secretary of the Army and the 
     Secretary of the Interior--
       (A) encourage and facilitate the development of drought 
     preparedness plans under subtitle C, including establishing 
     the guidelines under sections 121(c) and 122(a); and
       (B) based on a review of drought preparedness plans, 
     develop and make available to the public drought planning 
     models to reduce water resource conflicts relating to water 
     conservation and droughts;
       (6) develop and coordinate public awareness activities to 
     provide the public with access to understandable, and 
     informative materials on drought, including--
       (A) explanations of the causes of drought, the impacts of 
     drought, and the damages from drought;
       (B) descriptions of the value and benefits of land 
     stewardship to reduce the impacts of drought and to protect 
     the environment;
       (C) clear instructions for appropriate responses to 
     drought, including water conservation, water reuse, and 
     detection and elimination of water leaks;
       (D) information on State and local laws applicable to 
     drought; and
       (E) information on the assistance available to resource-
     dependent businesses and industries during a drought; and
       (7) establish operating procedures for the Council.
       (b) Consultation.--In carrying out this section, the 
     Council shall consult with groups affected by drought 
     emergencies, including groups that represent--
       (1) agricultural production, wildlife, and fishery 
     interests;
       (2) forestry and fire management interests;
       (3) the credit community;
       (4) rural and urban water associations;
       (5) environmental interests;
       (6) engineering and construction interests;
       (7) the portion of the science community that is concerned 
     with drought and climatology;
       (8) resource-dependent businesses and other private 
     entities (including the recreation and tourism industries); 
     and
       (9) watershed groups.
       (c) Agency Roles and Responsibilities.--
       (1) Designation of lead agencies.--
       (A) Department of commerce.--The Department of Commerce 
     shall be the lead agency for purposes of implementing 
     subsection (a)(4).
       (B) Departments of the army and the interior.--The 
     Department of the Army and the Department of the Interior 
     shall jointly be the lead agency for purposes of 
     implementing--
       (i) paragraphs (5) and (6) of section subsection (a); and
       (ii) section 122.
       (C) Department of agriculture.--The Department of 
     Agriculture, in cooperation with the lead agencies designated 
     under subparagraphs (A) and (B), shall be the lead agency for 
     purposes of implementing section 121.
       (2) Cooperation from other federal agencies.--The head of 
     each Federal agency shall cooperate as appropriate with the 
     lead agencies in carrying out any duties under this Act.
       (d) Reports to Congress.--
       (1) Annual report.--
       (A) In general.--Not later than 1 year after the date of 
     the first meeting of the Council, and annually thereafter, 
     the Council shall submit to Congress a report on the 
     activities carried out under this title.
       (B) Inclusions.--
       (i) In general.--The annual report shall include a summary 
     of drought preparedness plans completed under sections 123 
     through 125.
       (ii) Initial report.--The initial report submitted under 
     subparagraph (A) shall include any recommendations of the 
     Council under paragraph (2) or (3) of subsection (a).
       (2) Final report.--Not later than 7 years after the date of 
     enactment of this Act, the Council shall submit to Congress a 
     report that recommends--
       (A) amendments to this Act; and
       (B) whether the Council should continue.

     SEC. 103. POWERS OF THE COUNCIL.

       (a) Hearings.--The Council may hold hearings, meet and act 
     at any time and place, take any testimony and receive any 
     evidence that the Council considers advisable to carry out 
     this title.
       (b) Information From Federal Agencies.--
       (1) In general.--The Council may obtain directly from any 
     Federal agency any information that the Council considers 
     necessary to carry out this title.
       (2) Provision of information.--
       (A) In general.--Except as provided in subparagraph (B), on 
     request of the Secretary or the non-Federal co-chair, the 
     head of a Federal agency may provide information to the 
     Council.
       (B) Limitation.--The head of a Federal agency shall not 
     provide any information to the Council that the Federal 
     agency head determines the disclosure of which may cause harm 
     to national security interests.
       (c) Postal Services.--The Council may use the United States 
     mail in the same manner and under the same conditions as 
     other agencies of the Federal Government.
       (d) Gifts.--The Council may accept, use, and dispose of 
     gifts or donations of services or property.
       (e) Federal Facilities.--If the Council proposes the use of 
     a Federal facility for the purposes of carrying out this 
     title, the Council shall solicit and consider the input of 
     the Federal agency with jurisdiction over the facility.

     SEC. 104. COUNCIL PERSONNEL MATTERS.

       (a) Compensation of Members.--
       (1) Non-federal employees.--A member of the Council who is 
     not an officer or employee of the Federal Government shall 
     serve without compensation.
       (2) Federal employees.--A member of the Council who is an 
     officer or employee of the United States shall serve without 
     compensation in addition to the compensation received for 
     services of the member as an officer or employee of the 
     Federal Government.
       (b) Travel Expenses.--A member of the Council shall be 
     allowed travel expenses at rates authorized for an employee 
     of an agency under subchapter I of chapter 57 of title 5,

[[Page S3678]]

     United States Code, while away from the home or regular place 
     of business of the member in the performance of the duties of 
     the Council.

     SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     title $2,000,000 for each of the 7 fiscal years after the 
     date of enactment of this Act.

     SEC. 106. TERMINATION OF COUNCIL.

       The Council shall terminate 8 years after the date of 
     enactment of this Act.

          Subtitle B--National Office of Drought Preparedness

     SEC. 111. ESTABLISHMENT.

       The Secretary shall establish an office to be known as the 
     ``National Office of Drought Preparedness'', which shall be 
     under the jurisdiction of the Under Secretary, to provide 
     assistance to the Council in carrying out this title.

     SEC. 112. DIRECTOR OF THE OFFICE.

       (a) Appointment.--
       (1) In general.--The Under Secretary shall appoint a 
     Director of the Office under sections 3371 through 3375 of 
     title 5, United States Code.
       (2) Qualifications.--The Director shall be a person who has 
     experience in--
       (A) public administration; and
       (B) drought mitigation or drought management.
       (b) Powers.--The Director may hire such other additional 
     personnel or contract for services with other entities as 
     necessary to carry out the duties of the Office.

     SEC. 113. OFFICE STAFF.

       (a) In General.--The Office shall have at least 5 full-time 
     staff, including the detailees detailed under subsection 
     (b)(1).
       (b) Detailees.--
       (1) Required detailees.--There shall be detailed to the 
     Office, on a nonreimbursable basis--
       (A) by the Director of the Federal Emergency Management 
     Agency, 1 employee of the Federal Emergency Management Agency 
     with expertise in emergency planning;
       (B) by the Secretary of Commerce, 1 employee of the 
     Department of Commerce with experience in drought monitoring;
       (C) by the Secretary of the Interior, 1 employee of the 
     Bureau of Reclamation with experience in water planning; and
       (D) by the Secretary of the Army, 1 employee of the Army 
     Corps of Engineers with experience in water planning.
       (2) Additional detailees.--
       (A) In general.--In addition to any employees detailed 
     under paragraph (1), any other employees of the Federal 
     Government may be detailed to the Office.
       (B) Reimbursement.--An employee detailed under subparagraph 
     (A) shall be detailed without reimbursement, unless the 
     Secretary, on the recommendation of the Director, determines 
     that reimbursement is appropriate.
       (3) Civil service status.--The detail of an employee under 
     paragraph (1) or (2) shall be without interruption or loss of 
     civil service status or privilege.

                 Subtitle C--Drought Preparedness Plans

     SEC. 121. DROUGHT ASSISTANCE FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Drought 
     Assistance Fund''.
       (b) Purpose.--The Fund shall be used to pay the costs of--
       (1) providing technical and financial assistance (including 
     grants and cooperative assistance) to States, Indian tribes, 
     local governments, watershed groups, and critical service 
     providers for the development and implementation of drought 
     preparedness plans under sections 123 through 125;
       (2) providing to States, Indian tribes, local governments, 
     watershed groups, and critical service providers the Federal 
     share, as determined by the Secretary, in consultation with 
     the other members of the Council, of the cost of mitigating 
     the overall risk and impacts of droughts;
       (3) assisting States, Indian tribes, local governments, 
     watershed groups, and critical service providers in the 
     development of mitigation measures to address environmental, 
     economic, and human health and safety issues relating to 
     drought;
       (4) expanding the technology transfer of drought and water 
     conservation strategies and innovative water supply 
     techniques;
       (5) developing post-drought evaluations and 
     recommendations; and
       (6) supplementing, if necessary, the costs of implementing 
     actions under section 102(a)(4).
       (c) Guidelines.--
       (1) In general.--The Secretary, in consultation with the 
     non-Federal co-chair and with the concurrence of the Council, 
     shall promulgate guidelines to implement this section.
       (2) General requirements.--The guidelines shall--
       (A) ensure the distribution of amounts from the Fund within 
     a reasonable period of time;
       (B) take into consideration regional differences;
       (C) take into consideration all impacts of drought in a 
     balanced manner;
       (D) prohibit the use of amounts from the Fund for Federal 
     salaries that are not directly related to the provision of 
     drought assistance;
       (E) require that amounts from the Fund provided to States, 
     local governments, watershed groups, and critical service 
     providers under subsection (b)(1) be coordinated with and 
     managed by the State in which the local governments, 
     watershed groups, or critical service providers are located, 
     consistent with the drought preparedness priorities and 
     relevant water management plans in the State;
       (F) require that amounts from the Fund provided to Indian 
     tribes under subsection (b)(1) be used to implement plans 
     that are, to the maximum extent practicable--
       (i) coordinated with any State in which land of the Indian 
     tribe is located; and
       (ii) consistent with existing drought preparedness and 
     water management plans of the State; and
       (G) require that a State, Indian tribe, local government, 
     watershed group, or critical service provider that receives 
     Federal funds under paragraph (2) or (3) of subsection (b) 
     pay, using amounts made available through non-Federal grants, 
     cash donations made by non-Federal persons or entities, or 
     any other non-Federal funds, not less than 25 percent of the 
     total cost of carrying out a project for which Federal funds 
     are provided under this Act.
       (3) Special requirements applicable to interstate 
     watersheds.--
       (A) Development of drought preparedness plans.--The 
     guidelines promulgated under paragraph (1) shall require 
     that, to receive financial assistance under subsection (b)(1) 
     for the development of drought preparedness plans for 
     interstate watersheds, the States or Indian tribes in which 
     the interstate watershed is located shall--
       (i) cooperate in the development of the plan; and
       (ii) in developing the plan--

       (I) ensure that the plan is consistent with any applicable 
     State and tribal water laws, policies, and agreements;
       (II) ensure that the plan is consistent and coordinated 
     with any interstate stream compacts;
       (III) include the participation of any appropriate 
     watershed groups; and
       (IV) recognize that while implementation of the plan will 
     involve further coordination among the appropriate States and 
     Indian tribes, each State and Indian tribe has sole 
     jurisdiction over implementation of the portion of the 
     watershed within the State or tribal boundaries.

       (B) Implementation of drought preparedness plans.--The 
     guidelines promulgated under paragraph (1) shall require 
     that, to receive financial assistance under subsection (b)(1) 
     for the implementation of drought preparedness plans for 
     interstate watersheds, the States or Indian tribes in which 
     the interstate watershed is located shall, to the maximum 
     extent practicable--
       (i) cooperate in implementing the plan;
       (ii) in implementing the plan--

       (I) provide that the distribution of funds to all States 
     and Indian tribes in which the watershed is located is not 
     required; and
       (II) consider the level of impact within the watershed on 
     the affected States or Indian tribes; and

       (iii) ensure that implementation of the plan does not 
     interfere with State water rights in existence on the date of 
     enactment of this Act.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Fund such sums as are necessary to 
     carry out subsection (b).

     SEC. 122. DROUGHT PREPAREDNESS PLANS.

       (a) In General.--The Secretary of the Interior and the 
     Secretary of the Army shall, with the concurrence of the 
     Council, jointly promulgate guidelines for administering a 
     national program to provide technical and financial 
     assistance to States, Indian tribes, local governments, 
     watershed groups, and critical service providers for the 
     development, maintenance, and implementation of drought 
     preparedness plans.
       (b) Requirements.--To build on the experience and avoid 
     duplication of efforts of Federal, State, local, tribal, and 
     regional drought plans in existence on the date of enactment 
     of this Act, the guidelines may recognize and incorporate 
     those plans.

     SEC. 123. FEDERAL PLANS.

       (a) In General.--The Secretary, the Secretary of the 
     Interior, the Secretary of the Army, and other appropriate 
     Federal agency heads shall develop and implement Federal 
     drought preparedness plans for agencies under the 
     jurisdiction of the appropriate Federal agency head.
       (b) Requirements.--The Federal plans--
       (1) shall be integrated with each other;
       (2) may be included as components of other Federal planning 
     requirements;
       (3) shall be integrated with drought preparedness plans of 
     State, tribal, and local governments that are affected by 
     Federal projects and programs; and
       (4) shall be completed not later than 2 years after the 
     date of enactment of this Act.

     SEC. 124. STATE AND TRIBAL PLANS.

       States and Indian tribes may develop and implement State 
     and tribal drought preparedness plans that--
       (1) address monitoring of resource conditions that are 
     related to drought;
       (2) identify areas that are at a high risk for drought;
       (3) describes mitigation strategies to address and reduce 
     the vulnerability of an area to drought; and
       (4) are integrated with State, tribal, and local water 
     plans in existence on the date of enactment of this Act.

[[Page S3679]]

     SEC. 125. REGIONAL AND LOCAL PLANS.

       Local governments, watershed groups, and regional water 
     providers may develop and implement drought preparedness 
     plans that--
       (1) address monitoring of resource conditions that are 
     related to drought;
       (2) identify areas that are at a high risk for drought;
       (3) describe mitigation strategies to address and reduce 
     the vulnerability of an area to drought; and
       (4) are integrated with corresponding State plans.

     SEC. 126. PLAN ELEMENTS.

       The drought preparedness plans developed under sections 123 
     through 125--
       (1) shall be consistent with Federal and State laws, 
     contracts, and policies;
       (2) shall allow each State to continue to manage water and 
     wildlife in the State;
       (3) shall address the health, safety, and economic 
     interests of those persons directly affected by drought;
       (4) shall address the economic impact on resource-dependent 
     businesses and industries, including regional tourism;
       (5) may include--
       (A) provisions for water management strategies to be used 
     during various drought or water shortage thresholds, 
     consistent with State water law;
       (B) provisions to address key issues relating to drought 
     (including public health, safety, economic factors, and 
     environmental issues such as water quality, water quantity, 
     protection of threatened and endangered species, and fire 
     management);
       (C) provisions that allow for public participation in the 
     development, adoption, and implementation of drought plans;
       (D) provisions for periodic drought exercises, revisions, 
     and updates;
       (E) a hydrologic characterization study to determine how 
     water is being used during times of normal water supply 
     availability to anticipate the types of drought mitigation 
     actions that would most effectively improve water management 
     during a drought;
       (F) drought triggers;
       (G) specific implementation actions for droughts;
       (H) a water shortage allocation plan, consistent with State 
     water law; and
       (I) comprehensive insurance and financial strategies to 
     manage the risks and financial impacts of droughts; and
       (6) shall take into consideration--
       (A) the financial impact of the plan on the ability of the 
     utilities to ensure rate stability and revenue stream; and
       (B) economic impacts from water shortages.

                     TITLE II--WILDFIRE SUPPRESSION

     SEC. 201. GRANTS FOR PREPOSITIONING WILDFIRE SUPPRESSION 
                   RESOURCES.

       Title II of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5131 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 205. GRANTS FOR PREPOSITIONING WILDFIRE SUPPRESSION 
                   RESOURCES.

       ``(a) Findings and Purpose.--
       ``(1) Findings.--Congress finds that--
       ``(A) droughts increase the risk of catastrophic wildfires 
     that--
       ``(i) drastically alter and otherwise adversely affect the 
     landscape for communities and the environment;
       ``(ii) because of the potential of such wildfires to 
     overwhelm State wildfire suppression resources, require a 
     coordinated response among States, Federal agencies, and 
     neighboring countries; and
       ``(iii) result in billions of dollars in losses each year;
       ``(B) the Federal Government must, to the maximum extent 
     practicable, prevent and suppress such catastrophic wildfires 
     to protect human life and property;
       ``(C) not taking into account State, local, and private 
     wildfire suppression costs, during the period of 2000 through 
     2004, the Federal Government expended more than 
     $5,800,000,000 for wildfire suppression costs, at an average 
     annual cost of almost $1,200,000,000;
       ``(D) since 1980, 2.8 percent of Federal wildfires have 
     been responsible for an average annual cost to the Forest 
     Service of more than $350,000,000;
       ``(E) the Forest Service estimates that annual national 
     mobilization costs are between $40,000,000 and $50,000,000;
       ``(F) saving 10 percent of annual national mobilization 
     costs through more effective use of local resources would 
     reduce costs by $4,000,000 to $5,000,000 each year;
       ``(G) it is more cost-effective to prevent wildfires by 
     prepositioning wildfire fighting resources to catch flare-ups 
     than to commit millions of dollars to respond to large 
     uncontrollable fires; and
       ``(H) it is in the best interest of the United States to 
     invest in catastrophic wildfire prevention and mitigation by 
     easing the financial burden of prepositioning wildfire 
     suppression resources.
       ``(2) Purpose.--The purpose of this section is to encourage 
     the mitigation and prevention of wildfires by providing 
     financial assistance to States for prepositioning of wildfire 
     suppression resources.
       ``(b) Authorization.--Subject to the availability of funds, 
     the Director of the Federal Emergency Management Agency 
     (referred to in this section as the `Director') shall 
     reimburse a State for the cost of prepositioning wildfire 
     suppression resources on potential multiple and large fire 
     complexes when the Director determines, in accordance with 
     the national and regional severity indices contained in the 
     Forest Service handbook entitled `Interagency Standards for 
     Fire and Fire Aviation Operations', that a wildfire event 
     poses a threat to life and property in the area.
       ``(c) Eligibility.--Wildfire suppression resources of the 
     Federal Government, neighboring countries, and any State 
     other than the State requesting assistance are eligible for 
     reimbursement under this section.
       ``(d) Reimbursement.--
       ``(1) In general.--The Director may reimburse a State for 
     the costs of prepositioning of wildfire suppression resources 
     of the entities specified in subsection (c), including 
     mobilization to, and demobilization from, the staging or 
     prepositioning area.
       ``(2) Requirements.--For a State to receive reimbursement 
     under paragraph (1)--
       ``(A) any resource provided by an entity specified in 
     subsection (c) shall have been specifically requested by the 
     State seeking reimbursement; and
       ``(B) staging or prepositioning costs--
       ``(i) shall be expended during the approved prepositioning 
     period; and
       ``(ii) shall be reasonable.
       ``(3) Limitation.--The amount of all reimbursements made 
     under this subsection during any year shall not exceed 
     $50,000,000.''.

  Mr. JOHNSON. Mr. President, I rise today in support of bipartisan 
National Drought Preparedness Act of 2005. For the last 5 years a 
devastating drought has forced many families across South Dakota and 
the United States to make difficult life-changing decisions about their 
future in agriculture. Many of our Nation's hard-working producers have 
had to abandon their farms, and the family farm life has been 
threatened for too many people.
  I was hopeful that the drought measures I have helped pass in the 
last 5 years would assist producers in weathering the current drought. 
With my support, the Senate, and ultimately Congress, agreed to 
legislation providing either or agriculture disaster assistance 
packages for 2001-2002 and 2003-2004. While this assistance is greatly 
appreciated by those suffering from this natural disaster, I am 
concerned for our future prospects for drought aid. Given the 
President's reluctance to fund crucial USDA farm bill programs in his 
proposed fiscal year 2006 budget, his insistence on cannibalizing $3 
billion from the Conservation Security Program, CSP to fund the 2003-
2004 package, which should in fact be recognized as an uncapped 
entitlement provision, and a historically high budgetary deficit, I am 
concerned at our prospects of securing substantive monies for future 
disasters. I will continue to work with my Senate colleagues to ensure 
adequate dollars for South Dakota, but we must examine more 
comprehensive measures for addressing drought.
  That National Drought Preparedness Act will help us better prepare 
for future droughts and reduce the need for large ad hoc disaster 
programs that may cannibalize funds from other agricultural programs. I 
am fully prepared to support special disaster assistance when it is 
necessary, but with this act made law, producers, tribes, States, and 
Federal agencies will be much better prepared for future droughts.
  This act will do several things that will significantly increase our 
ability to deal with drought conditions. The bill establishes, in the 
office of the Secretary of Agriculture, a National Drought Council to 
oversee the development of a national drought policy action plan. This 
plan will be the blueprint for dealing with and preparing for drought. 
The Federal government has plans for dealing with floods and 
hurricanes, and we need the same kind of plan for the slow, dry 
disaster that is drought. This bill recognizes drought as the natural 
disaster it is.
  The act also creates the National Office of Drought Preparedness. 
This would be the permanent body that assists the National Drought 
Council in the formulation and carrying out of the national drought 
policy action plan.
  A drought assistance fund will be established by this act, to assist 
State and local governments in their development and implementation of 
drought preparedness plans. The act will also provide assistance for 
the rapid response to wildfires, which is critical to mitigating the 
effects of a prolonged drought in forested areas, like we have in 
western South Dakota.
  Lastly, the act provides for the development of a national drought 
forecasting and monitoring network, that will help forecast the onset 
of droughts better and improve reporting on current droughts.

[[Page S3680]]

  I am encouraged by what the National Drought Preparedness Act of 2005 
has to offer to the farmers and ranchers of our great country. We must 
treat drought like all other disasters are treated, and take an 
aggressive stance toward minimizing its effect on communities across 
America. That is why I am pleased to be an original cosponsor of this 
important bipartisan piece of legislation.
                                 ______
                                 
      By Mr. COLEMAN (for himself and Mrs. Clinton):
  S. 803. A bill to amend the Employee Retirement Income Security Act 
of 1974, the Public Health Service Act, and the Internal Revenue Code 
of 1986 to provide parity with respect to substance abuse treatment 
benefits under group health plans and health insurance coverage; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. COLEMAN. Mr. President, I am pleased to introduce the Help Expand 
Access to Recovery and Treatment (HEART) Act of 2005 with my friend and 
colleague, Senator Clinton of New York.
  By passing this life-saving legislation, Congress would provide 
equitable access to substance abuse treatment services for 23 million 
adults and children who need treatment for the disease of alcoholism 
and other drug dependencies.
  HEART would put the decision of whether or not consumers are granted 
substance abuse treatment services in the hands of doctors and trained 
addiction professionals, and patients. At least 75 percent of 
individuals who suffer from alcoholism have access to private health 
insurance. However, fewer than 70 percent of employer-provided health 
plans cover alcoholism and drug treatment at the same level as other 
medical conditions.
  Our bill eliminates this inequitable coverage of medical conditions 
so those who need treatment receive it.
  I look forward to working with my colleagues to pass this legislation 
that is not just important to our nation's economy and the health of 
our workforce but to the quality of life for millions of Americans and 
their families.
  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. 803

       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 ``Help Expand Access to 
     Recovery and Treatment Act of 2005'' or the ``HEART Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Substance abuse, if left untreated, is a medical 
     emergency and a private and public health crisis.
       (2) Nothing in this Act should be construed as prohibiting 
     application of the concept of parity to substance abuse 
     treatment provided by faith-based treatment providers.

     SEC. 3. PARITY IN SUBSTANCE ABUSE TREATMENT BENEFITS.

       (a) Group Health Plans.--
       (1) Public health service act amendments.--
       (A) In general.--Subpart 2 of part A of title XXVII of the 
     Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is 
     amended by adding at the end the following new section:

     ``SEC. 2707. PARITY IN THE APPLICATION OF TREATMENT 
                   LIMITATIONS AND FINANCIAL REQUIREMENTS TO 
                   SUBSTANCE ABUSE TREATMENT BENEFITS.

       ``(a) In General.--In the case of a group health plan (or 
     health insurance coverage offered in connection with such a 
     plan) that provides both medical and surgical benefits and 
     substance abuse treatment benefits, the plan or coverage 
     shall not impose treatment limitations or financial 
     requirements on the substance abuse treatment benefits unless 
     similar limitations or requirements are imposed for medical 
     and surgical benefits.
       ``(b) Construction.--Nothing in this section shall be 
     construed--
       ``(1) as requiring a group health plan (or health insurance 
     coverage offered in connection with such a plan) to provide 
     any substance abuse treatment benefits; or
       ``(2) to prevent a group health plan or a health insurance 
     issuer offering group health insurance coverage from 
     negotiating the level and type of reimbursement with a 
     provider for care provided in accordance with this section.
       ``(c) Exemptions.--
       ``(1) Small employer exemption.--
       ``(A) In general.--This section shall not apply to any 
     group health plan (and group health insurance coverage 
     offered in connection with a group health plan) for any plan 
     year of a small employer.
       ``(B) Small employer.--For purposes of subparagraph (A), 
     the term `small employer' means, in connection with a group 
     health plan with respect to a calendar year and a plan year, 
     an employer who employed an average of at least 2 but not 
     more than 50 employees on business days during the preceding 
     calendar year and who employs at least 2 employees on the 
     first day of the plan year.
       ``(C) Application of certain rules in determination of 
     employer size.--For purposes of this paragraph--
       ``(i) Application of aggregation rule for employers.--Rules 
     similar to the rules under subsections (b), (c), (m), and (o) 
     of section 414 of the Internal Revenue Code of 1986 shall 
     apply for purposes of treating persons as a single employer.
       ``(ii) Employers not in existence in preceding year.--In 
     the case of an employer which was not in existence throughout 
     the preceding calendar year, the determination of whether 
     such employer is a small employer shall be based on the 
     average number of employees that it is reasonably expected 
     such employer will employ on business days in the current 
     calendar year.
       ``(iii) Predecessors.--Any reference in this paragraph to 
     an employer shall include a reference to any predecessor of 
     such employer.
       ``(2) Increased cost exemption.--This section shall not 
     apply with respect to a group health plan (or health 
     insurance coverage offered in connection with a group health 
     plan) if the application of this section to such plan (or to 
     such coverage) results in an increase in the cost under the 
     plan (or for such coverage) of at least 1 percent.
       ``(d) Separate Application to Each Option Offered.--In the 
     case of a group health plan that offers a participant or 
     beneficiary 2 or more benefit package options under the plan, 
     the requirements of this section shall be applied separately 
     with respect to each such option.
       ``(e) Definitions.--For purposes of this section:
       ``(1) Treatment limitation.--The term `treatment 
     limitation' means, with respect to benefits under a group 
     health plan or health insurance coverage, any day or visit 
     limits imposed on coverage of benefits under the plan or 
     coverage during a period of time.
       ``(2) Financial requirement.--The term `financial 
     requirement' means, with respect to benefits under a group 
     health plan or health insurance coverage, any deductible, 
     coinsurance, or cost-sharing or an annual or lifetime dollar 
     limit imposed with respect to the benefits under the plan or 
     coverage.
       ``(3) Medical or surgical benefits.--The term `medical or 
     surgical benefits' means benefits with respect to medical or 
     surgical services, as defined under the terms of the plan or 
     coverage (as the case may be), but does not include substance 
     abuse treatment benefits.
       ``(4) Substance abuse treatment benefits.--The term 
     `substance abuse treatment benefits' means benefits with 
     respect to substance abuse treatment services.
       ``(5) Substance abuse treatment services.--The term 
     `substance abuse treatment services' means any of the 
     following items and services provided for the treatment of 
     substance abuse:
       ``(A) Inpatient treatment, including detoxification.
       ``(B) Nonhospital residential treatment.
       ``(C) Outpatient treatment, including screening and 
     assessment, medication management, individual, group, and 
     family counseling, and relapse prevention.
       ``(D) Prevention services, including health education and 
     individual and group counseling to encourage the reduction of 
     risk factors for substance abuse.
       ``(6) Substance abuse.--The term `substance abuse' includes 
     chemical dependency.
       ``(f) Notice.--A group health plan under this part shall 
     comply with the notice requirement under section 714(f) of 
     the Employee Retirement Income Security Act of 1974 with 
     respect to the requirements of this section as if such 
     section applied to such plan.''.
       (B) Conforming amendment.--Section 2723(c) of such Act (42 
     U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' 
     and inserting ``sections 2704 and 2707''.
       (2) ERISA amendments.--
       (A) In general.--Subpart B of part 7 of subtitle B of title 
     I of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1185 et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 714. PARITY IN THE APPLICATION OF TREATMENT 
                   LIMITATIONS AND FINANCIAL REQUIREMENTS TO 
                   SUBSTANCE ABUSE TREATMENT BENEFITS.

       ``(a) In General.--In the case of a group health plan (or 
     health insurance coverage offered in connection with such a 
     plan) that provides both medical and surgical benefits and 
     substance abuse treatment benefits, the plan or coverage 
     shall not impose treatment limitations or financial 
     requirements on the substance abuse treatment benefits unless 
     similar limitations or requirements are imposed for medical 
     and surgical benefits.
       ``(b) Construction.--Nothing in this section shall be 
     construed--
       ``(1) as requiring a group health plan (or health insurance 
     coverage offered in connection with such a plan) to provide 
     any substance abuse treatment benefits; or
       ``(2) to prevent a group health plan or a health insurance 
     issuer offering group health

[[Page S3681]]

     insurance coverage from negotiating the level and type of 
     reimbursement with a provider for care provided in accordance 
     with this section.
       ``(c) Exemptions.--
       ``(1) Small employer exemption.--
       ``(A) In general.--This section shall not apply to any 
     group health plan (and group health insurance coverage 
     offered in connection with a group health plan) for any plan 
     year of a small employer.
       ``(B) Small employer.--For purposes of subparagraph (A), 
     the term `small employer' means, in connection with a group 
     health plan with respect to a calendar year and a plan year, 
     an employer who employed an average of at least 2 but not 
     more than 50 employees on business days during the preceding 
     calendar year and who employs at least 2 employees on the 
     first day of the plan year.
       ``(C) Application of certain rules in determination of 
     employer size.--For purposes of this paragraph--
       ``(i) Application of aggregation rule for employers.--Rules 
     similar to the rules under subsections (b), (c), (m), and (o) 
     of section 414 of the Internal Revenue Code of 1986 shall 
     apply for purposes of treating persons as a single employer.
       ``(ii) Employers not in existence in preceding year.--In 
     the case of an employer which was not in existence throughout 
     the preceding calendar year, the determination of whether 
     such employer is a small employer shall be based on the 
     average number of employees that it is reasonably expected 
     such employer will employ on business days in the current 
     calendar year.
       ``(iii) Predecessors.--Any reference in this paragraph to 
     an employer shall include a reference to any predecessor of 
     such employer.
       ``(2) Increased cost exemption.--This section shall not 
     apply with respect to a group health plan (or health 
     insurance coverage offered in connection with a group health 
     plan) if the application of this section to such plan (or to 
     such coverage) results in an increase in the cost under the 
     plan (or for such coverage) of at least 1 percent.
       ``(d) Separate Application to Each Option Offered.--In the 
     case of a group health plan that offers a participant or 
     beneficiary 2 or more benefit package options under the plan, 
     the requirements of this section shall be applied separately 
     with respect to each such option.
       ``(e) Definitions.--For purposes of this section:
       ``(1) Treatment limitation.--The term `treatment 
     limitation' means, with respect to benefits under a group 
     health plan or health insurance coverage, any day or visit 
     limits imposed on coverage of benefits under the plan or 
     coverage during a period of time.
       ``(2) Financial requirement.--The term `financial 
     requirement' means, with respect to benefits under a group 
     health plan or health insurance coverage, any deductible, 
     coinsurance, or cost-sharing or an annual or lifetime dollar 
     limit imposed with respect to the benefits under the plan or 
     coverage.
       ``(3) Medical or surgical benefits.--The term `medical or 
     surgical benefits' means benefits with respect to medical or 
     surgical services, as defined under the terms of the plan or 
     coverage (as the case may be), but does not include substance 
     abuse treatment benefits.
       ``(4) Substance abuse treatment benefits.--The term 
     `substance abuse treatment benefits' means benefits with 
     respect to substance abuse treatment services.
       ``(5) Substance abuse treatment services.--The term 
     `substance abuse treatment services' means any of the 
     following items and services provided for the treatment of 
     substance abuse:
       ``(A) Inpatient treatment, including detoxification.
       ``(B) Nonhospital residential treatment.
       ``(C) Outpatient treatment, including screening and 
     assessment, medication management, individual, group, and 
     family counseling, and relapse prevention.
       ``(D) Prevention services, including health education and 
     individual and group counseling to encourage the reduction of 
     risk factors for substance abuse.
       ``(6) Substance abuse.--The term `substance abuse' includes 
     chemical dependency.
       ``(f) Notice Under Group Health Plan.--The imposition of 
     the requirements of this section shall be treated as a 
     material modification in the terms of the plan described in 
     section 102(a), for purposes of assuring notice of such 
     requirements under the plan; except that the summary 
     description required to be provided under section 104(b)(1) 
     with respect to such modification shall be provided by not 
     later than 60 days after the first day of the first plan year 
     in which such requirements apply.''.
       (B) Conforming amendments.--
       (i) Section 731(c) of such Act (29 U.S.C. 1191(c)) is 
     amended by striking ``section 711'' and inserting ``sections 
     711 and 714''.
       (ii) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is 
     amended by striking ``section 711'' and inserting ``sections 
     711 and 714''.
       (iii) The table of contents in section 1 of such Act is 
     amended by inserting after the item relating to section 713 
     the following new item:

``714. Parity in the application of treatment limitations and financial 
              requirements to substance abuse treatment benefits''.

       (3) Internal revenue code amendments.--
       (A) In general.--Subchapter B of chapter 100 of the 
     Internal Revenue Code of 1986 (relating to other 
     requirements) is amended by adding at the end the following 
     new section:

     ``SEC. 9813. PARITY IN THE APPLICATION OF TREATMENT 
                   LIMITATIONS AND FINANCIAL REQUIREMENTS TO 
                   SUBSTANCE ABUSE TREATMENT BENEFITS.

       ``(a) In General.--In the case of a group health plan that 
     provides both medical and surgical benefits and substance 
     abuse treatment benefits, the plan shall not impose treatment 
     limitations or financial requirements on the substance abuse 
     treatment benefits unless similar limitations or requirements 
     are imposed for medical and surgical benefits.
       ``(b) Construction.--Nothing in this section shall be 
     construed--
       ``(1) as requiring a group health plan to provide any 
     substance abuse treatment benefits; or
       ``(2) to prevent a group health plan from negotiating the 
     level and type of reimbursement with a provider for care 
     provided in accordance with this section.
       ``(c) Exemptions.--
       ``(1) Small employer exemption.--
       ``(A) In general.--This section shall not apply to any 
     group health plan for any plan year of a small employer.
       ``(B) Small employer.--For purposes of subparagraph (A), 
     the term `small employer' means, in connection with a group 
     health plan with respect to a calendar year and a plan year, 
     an employer who employed an average of at least 2 but not 
     more than 50 employees on business days during the preceding 
     calendar year and who employs at least 2 employees on the 
     first day of the plan year.
       ``(C) Application of certain rules in determination of 
     employer size.--For purposes of this paragraph--
       ``(i) Application of aggregation rule for employers.--Rules 
     similar to the rules under subsections (b), (c), (m), and (o) 
     of section 414 shall apply for purposes of treating persons 
     as a single employer.
       ``(ii) Employers not in existence in preceding year.--In 
     the case of an employer which was not in existence throughout 
     the preceding calendar year, the determination of whether 
     such employer is a small employer shall be based on the 
     average number of employees that it is reasonably expected 
     such employer will employ on business days in the current 
     calendar year.
       ``(iii) Predecessors.--Any reference in this paragraph to 
     an employer shall include a reference to any predecessor of 
     such employer.
       ``(2) Increased cost exemption.--This section shall not 
     apply with respect to a group health plan if the application 
     of this section to such plan results in an increase in the 
     cost under the plan of at least 1 percent.
       ``(d) Separate Application to Each Option Offered.--In the 
     case of a group health plan that offers a participant or 
     beneficiary 2 or more benefit package options under the plan, 
     the requirements of this section shall be applied separately 
     with respect to each such option.
       ``(e) Definitions.--For purposes of this section:
       ``(1) Treatment limitation.--The term `treatment 
     limitation' means, with respect to benefits under a group 
     health plan, any day or visit limits imposed on coverage of 
     benefits under the plan during a period of time.
       ``(2) Financial requirement.--The term `financial 
     requirement' means, with respect to benefits under a group 
     health plan, any deductible, coinsurance, or cost-sharing or 
     an annual or lifetime dollar limit imposed with respect to 
     the benefits under the plan.
       ``(3) Medical or surgical benefits.--The term `medical or 
     surgical benefits' means benefits with respect to medical or 
     surgical services, as defined under the terms of the plan, 
     but does not include substance abuse treatment benefits.
       ``(4) Substance abuse treatment benefits.--The term 
     `substance abuse treatment benefits' means benefits with 
     respect to substance abuse treatment services.
       ``(5) Substance abuse treatment services.--The term 
     `substance abuse treatment services' means any of the 
     following items and services provided for the treatment of 
     substance abuse:
       ``(A) Inpatient treatment, including detoxification.
       ``(B) Nonhospital residential treatment.
       ``(C) Outpatient treatment, including screening and 
     assessment, medication management, individual, group, and 
     family counseling, and relapse prevention.
       ``(D) Prevention services, including health education and 
     individual and group counseling to encourage the reduction of 
     risk factors for substance abuse.
       ``(6) Substance abuse.--The term `substance abuse' includes 
     chemical dependency.''.
       (B) Conforming amendments.--
       (i) Section 4980D(d)(1) of such Code is amended by striking 
     ``section 9811'' and inserting ``sections 9811 and 9813''.
       (ii) The table of sections of subchapter B of chapter 100 
     of such Code is amended by adding at the end the following 
     new item:

``9813. Parity in the application of treatment limitations and 
              financial requirements to substance abuse treatment 
              benefits''.

       (b) Individual Health Insurance.--
       (1) Amendment to the public health service act.--Part B of 
     title XXVII of the

[[Page S3682]]

     Public Health Service Act (42 U.S.C. 300gg-41 et seq.) is 
     amended by inserting after section 2752 the following new 
     section:

     ``SEC. 2753. PARITY IN THE APPLICATION OF TREATMENT 
                   LIMITATIONS AND FINANCIAL REQUIREMENTS TO 
                   SUBSTANCE ABUSE BENEFITS.

       ``(a) In General.--The provisions of section 2707 (other 
     than subsection (e)) shall apply to health insurance coverage 
     offered by a health insurance issuer in the individual market 
     in the same manner as it applies to health insurance coverage 
     offered by a health insurance issuer in connection with a 
     group health plan in the small or large group market.
       ``(b) Notice.--A health insurance issuer under this part 
     shall comply with the notice requirement under section 714(f) 
     of the Employee Retirement Income Security Act of 1974 with 
     respect to the requirements referred to in subsection (a) as 
     if such section applied to such issuer and such issuer were a 
     group health plan.''.
       (2) Conforming amendment.--Section 2762(b)(2) of such Act 
     (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 
     2751'' and inserting ``sections 2751 and 2753''.
       (c) Effective Dates.--
       (1) Group health plans.--Subject to paragraph (3), the 
     amendments made by subsection (a) apply with respect to group 
     health plans for plan years beginning on or after January 1, 
     2006.
       (2) Individual health insurance.--The amendments made by 
     subsection (b) apply with respect to health insurance 
     coverage offered, sold, issued, renewed, in effect, or 
     operated in the individual market on or after January 1, 
     2006.
       (3) Special rule.--In the case of a group health plan 
     maintained pursuant to 1 or more collective bargaining 
     agreements between employee representatives and 1 or more 
     employers ratified before the date of enactment of this Act, 
     the amendments made by subsection (a) shall not apply to plan 
     years beginning before the later of--
       (A) the date on which the last collective bargaining 
     agreements relating to the plan terminates (determined 
     without regard to any extension thereof agreed to after the 
     date of enactment of this Act), or
       (B) January 1, 2006.
     For purposes of subparagraph (A), any plan amendment made 
     pursuant to a collective bargaining agreement relating to the 
     plan which amends the plan solely to conform to any 
     requirement added by subsection (a) shall not be treated as a 
     termination of such collective bargaining agreement.
       (d) Coordinated Regulations.--Section 104(1) of the Health 
     Insurance Portability and Accountability Act of 1996 is 
     amended by striking ``this subtitle (and the amendments made 
     by this subtitle and section 401)'' and inserting ``the 
     provisions of part 7 of subtitle B of title I of the Employee 
     Retirement Income Security Act of 1974, and the provisions of 
     parts A and C of title XXVII of the Public Health Service 
     Act, and chapter 100 of the Internal Revenue Code of 1986''.
       (e) Preemption.--Nothing in the amendments made by this 
     section shall be construed to preempt any provision of State 
     law that provides protections to individuals that are greater 
     than the protections provided under such amendments.
                                 ______
                                 
      By Mr. CRAIG (for himself and Mr. Akaka):
  S. 806. A bill to amend title 38, United States Code, to provide a 
traumatic injury protection rider to servicemembers insured under 
section 1967(a)(1) of such title; to the Committee on Veterans' 
Affairs.
  Mr. CRAIG. Mr. President, I rise on behalf of myself and the 
distinguished ranking member of the Veterans Committee, Senator Akaka, 
to introduce legislation providing a traumatic injury protection rider 
for servicemembers. I urge all my colleagues to review this important 
legislation and support its enactment, and 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. 806

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

     SECTION 1. TRAUMATIC INJURY PROTECTION.

       (a) In General.--Subchapter III of chapter 19 of title 38, 
     United States Code, is amended--
       (1) in section 1965, by adding at the end the following:
       ``(11) The term `activities of daily living' means the 
     inability to independently perform 2 of the 6 following 
     functions:
       ``(A) Bathing.
       ``(B) Continence.
       ``(C) Dressing.
       ``(D) Eating.
       ``(E) Toileting.
       ``(F) Transferring.''; and
       (2) by adding at the end the following:

     ``Sec. 1980A. Traumatic injury protection

       ``(a) A member who is insured under subparagraph (A)(i), 
     (B), or (C)(i) of section 1967(a)(1) shall automatically be 
     issued a traumatic injury protection rider that will provide 
     for a payment not to exceed $100,000 if the member, while so 
     insured, sustains a traumatic injury that results in a loss 
     described in subsection (b)(1). The maximum amount payable 
     for all injuries resulting from the same traumatic event 
     shall be limited to $100,000. If a member suffers more than 1 
     such loss as a result of traumatic injury, payment will be 
     made in accordance with the schedule in subsection (d) for 
     the single loss providing the highest payment.
       ``(b)(1) A member who is issued a traumatic injury 
     protection rider under subsection (a) is insured against--
       ``(A) total and permanent loss of sight;
       ``(B) loss of a hand or foot by severance at or above the 
     wrist or ankle;
       ``(C) total and permanent loss of speech;
       ``(D) total and permanent loss of hearing in both ears;
       ``(E) loss of thumb and index finger of the same hand by 
     severance at or above the metacarpophalangeal joints;
       ``(F) quadriplegia, paraplegia, or hemiplegia;
       ``(G) burns greater than second degree, covering 30 percent 
     of the body or 30 percent of the face; and
       ``(H) coma or the inability to carry out the activities of 
     daily living resulting from traumatic injury to the brain.
       ``(2) For purposes of this subsection--
       ``(A) the term `quadriplegia' means the complete and 
     irreversible paralysis of all 4 limbs;
       ``(B) the term `paraplegia' means the complete and 
     irreversible paralysis of both lower limbs; and
       ``(C) the term `hemiplegia' means the complete and 
     irreversible paralysis of the upper and lower limbs on 1 side 
     of the body.
       ``(3) In no case will a member be covered against loss 
     resulting from--
       ``(A) attempted suicide, while sane or insane;
       ``(B) an intentionally self-inflicted injury or any attempt 
     to inflict such an injury;
       ``(C) illness, whether the loss results directly or 
     indirectly;
       ``(D) medical or surgical treatment of illness, whether the 
     loss results directly or indirectly;
       ``(E) any infection other than--
       ``(i) a pyogenic infection resulting from a cut or wound; 
     or
       ``(ii) a bacterial infection resulting from ingestion of a 
     contaminated substance;
       ``(F) the commission of or attempt to commit a felony;
       ``(G) being legally intoxicated or under the influence of 
     any narcotic unless administered or consumed on the advice of 
     a physician; or
       ``(H) willful misconduct as determined by a military court, 
     civilian court, or administrative body.
       ``(c) A payment under this section may be made only if--
       ``(1) the member is insured under Servicemembers' Group 
     Life Insurance when the traumatic injury is sustained;
       ``(2) the loss results directly from that traumatic injury 
     and from no other cause; and
       ``(3) the member suffers the loss not later than 90 days 
     after sustaining the traumatic injury, except, if the loss is 
     quadriplegia, paraplegia, or hemiplegia, the member suffers 
     the loss not later than 365 days after sustaining the 
     traumatic injury.
       ``(d) Payments under this section for losses described in 
     subsection (b)(1) will be made in accordance with the 
     following schedule:
       ``(1) Loss of both hands, $100,000.
       ``(2) Loss of both feet, $100,000.
       ``(3) Inability to carry out activities of daily living 
     resulting from traumatic brain injury, $100,000.
       ``(4) Burns greater than second degree, covering 30 percent 
     of the body or 30 percent of the face, $100,000.
       ``(5) Loss of sight in both eyes, $100,000.
       ``(6) Loss of 1 hand and 1 foot, $100,000.
       ``(7) Loss of 1 hand and sight of 1 eye, $100,000.
       ``(8) Loss of 1 foot and sight of 1 eye, $100,000.
       ``(9) Loss of speech and hearing in 1 ear, $100,000.
       ``(10) Total and permanent loss of hearing in both ears, 
     $100,000.
       ``(11) Quadriplegia, $100,000.
       ``(12) Paraplegia, $75,000.
       ``(13) Loss of 1 hand, $50,000.
       ``(14) Loss of 1 foot, $50,000.
       ``(15) Loss of sight one eye, $50,000.
       ``(16) Total and permanent loss of speech, $50,000.
       ``(17) Loss of hearing in 1 ear, $50,000.
       ``(18) Hemiplegia, $50,000.
       ``(19) Loss of thumb and index finger of the same hand, 
     $25,000.
       ``(20) Coma resulting from traumatic brain injury, $50,000 
     at time of claim and $50,000 at end of 6-month period.
       ``(e)(1) During any period in which a member is insured 
     under this section and the member is on active duty, there 
     shall be deducted each month from the member's basic or other 
     pay until separation or release from active duty an amount 
     determined by the Secretary of Veterans Affairs as the 
     premium allocable to the pay period for providing traumatic 
     injury protection under this section (which shall be the same 
     for all such members) as the share of the cost attributable 
     to provided coverage under this section, less any costs 
     traceable to the extra hazards of such duty in the uniformed 
     services.
       ``(2) During any month in which a member is assigned to the 
     Ready Reserve of a uniformed service under conditions which 
     meet the qualifications set forth in section 1965(5)(B) of 
     this title and is insured under a

[[Page S3683]]

     policy of insurance purchased by the Secretary of Veterans 
     Affairs under section 1966 of this title, there shall be 
     contributed from the appropriation made for active duty pay 
     of the uniformed service concerned an amount determined by 
     the Secretary of Veterans Affairs (which shall be the same 
     for all such members) as the share of the cost attributable 
     to provided coverage under this section, less any costs 
     traceable to the extra hazards of such duty in the uniformed 
     services. Any amounts so contributed on behalf of any member 
     shall be collected by the Secretary of the concerned service 
     from such member (by deduction from pay or otherwise) and 
     shall be credited to the appropriation from which such 
     contribution was made in advance on a monthly basis.
       ``(3) The Secretary of Veterans Affairs shall determine the 
     premium amounts to be charged for traumatic injury protection 
     coverage provided under this section.
       ``(4) The premium amounts shall be determined on the basis 
     of sound actuarial principles and shall include an amount 
     necessary to cover the administrative costs to the insurer or 
     insurers providing such insurance.
       ``(5) Each premium rate for the first policy year shall be 
     continued for subsequent policy years, except that the rate 
     may be adjusted for any such subsequent policy year on the 
     basis of the experience under the policy, as determined by 
     the Secretary of Veterans Affairs in advance of that policy 
     year.
       ``(6) The cost attributable to insuring such member under 
     this section, less the premiums deducted from the pay of the 
     member's uniformed service, shall be paid by the Secretary of 
     Defense to the Secretary of Veterans Affairs. This amount 
     shall be paid on a monthly basis, and shall be due within 10 
     days of the notice provided by the Secretary of Veterans 
     Affairs to the Secretary of the concerned uniformed service.
       ``(7) The Secretary of Defense shall provide the amount of 
     appropriations required to pay expected claims in a policy 
     year, as determined according to sound actuarial principles 
     by the Secretary of Veterans Affairs.
       ``(8) The Secretary of Defense shall forward an amount to 
     the Secretary of Veterans Affairs that is equivalent to half 
     the anticipated cost of claims for the current fiscal year, 
     upon the effective date of this legislation.
       ``(f) The Secretary of Defense shall certify whether any 
     member claiming the benefit under this section is eligible.
       ``(g) Payment for a loss resulting from traumatic injury 
     will not be made if the member dies not more than 7 days 
     after the date of the injury. If the member dies before 
     payment to the member can be made, the payment will be made 
     according to the member's most current beneficiary 
     designation under Servicemembers' Group Life Insurance, or a 
     by law designation, if applicable.
       ``(h) Coverage for loss resulting from traumatic injury 
     provided under this section shall cease at midnight on the 
     date of the member's separation from the uniformed service. 
     Payment will not be made for any loss resulting from injury 
     incurred after the date a member is separated from the 
     uniformed services.
       ``(i) Insurance coverage provided under this section is not 
     convertible to Veterans' Group Life Insurance.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     19 of title 38, United States Code, is amended by adding 
     after the item relating to section 1980 the following:

``1980A. Traumatic injury protection. ''.

     SEC. 2. EFFECTIVE DATE.

       The amendments made by section 1 shall take effect on the 
     first day of the first month beginning more than 180 days 
     after the date of enactment of this Act.
                                 ______
                                 
      By Mr. CRAIG (for himself, Mr. Crapo, and Mr. Smith):
  S. 807. A bill to amend the Federal Land Policy and Management Act of 
1976 to provide owners of non-Federal lands with a reliable method of 
receiving compensation for damages resulting from the spread of 
wildfire from nearby forested National Forest System lands or Bureau of 
Land Management lands, when those forested Federal lands are not 
maintained in the forest health status known as condition class 1; to 
the Committee on Energy and Natural Resources.
  Mr. CRAIG. Mr. President, I rise today to introduce the Enhanced 
Safety from Wildfire Act of 2005. I am joined by my colleagues Mr. 
Crapo and Mr. Smith.
  The legislation we are introducing would amend the Federal Land 
Policy and Management Act of 1976 to make it possible for non-federal 
land owners to receive compensation for a loss of property as a result 
of wildfire spreading from Federal land that has not been managed as 
Condition Class 1.
  As we all know, in recent years, there has been a significant amount 
of injury and loss of property resulting from the spread of wildfire 
from Federal forested lands to non-Federal lands. Recent wildfires on 
federal forested lands have shown that lands managed under approved 
forest health management practices are less susceptible to wildfire, or 
are subjected to less severe wildfire, than similarly forested lands 
that are not actively managed.
  There is a continuing and growing threat to the safety of 
communities, individuals, homes and other property, and timber on non-
Federal lands that adjoin Federal forested lands because of the 
unnatural accumulation of forest fuels on these Federal lands and the 
lack of active Federal management of these lands.
  The use of approved forest health management practices to create 
forest fire ``buffer zones'' between forested Federal lands and 
adjacent non-Federal lands would reduce the occurrence of wildfires on 
forested federal lands or, at least, limit their spread to non-Federal 
lands and the severity of the resulting damage.
  This legislation requires the agencies to manage a ``buffer zone'' on 
Federal land, greater than 6,400 acres, that is adjacent to non-Federal 
land. When forested Federal lands adjacent to non-Federal lands are not 
adequately managed with a ``buffer zone'' and wildfire occurs, the 
legislation states the owners of the non-Federal lands are eligible for 
compensation for damages resulting from the spread of wildfire to their 
lands. The legislation sets minimum criteria for non-Federal land to be 
eligible for compensation.
  Our federal land management agencies need to take responsibility for 
the impacts that occur on non-Federal land as a result of a lack of 
management on federal land. As a society, we have come to expect that 
our neighbors take responsibility for their actions and I feel the 
federal land management agencies should not escape this responsibility 
either.
  In the next few weeks, the weather will heat up, the drought ridden 
West will become drier, wildfire danger will rise, and I fear we will 
once again hear reports regarding the loss of property.
  I know this legislation may not be the answer to solving our Federal 
land management problems and I am willing to discuss other options, but 
I know that until we address the heart of this issue, homes, private 
land, and communities will continue to be at risk because of poor 
Federal land management. Being a good neighbor means being responsible 
for your actions.
                                 ______
                                 
      By Mr. DURBIN (for himself and Ms. Collins):
  S. 808. A bill to encourage energy conservation through bicycling; to 
the Committee on Commerce, Science, and Transportation.
  Mr. DURBIN. Madam President, I rise today to introduce the Conserve 
by Bike Act to promote energy conservation and improve public health. I 
am pleased to be joined by my colleague from Maine, Senator Susan 
Collins, in introducing this measure. This legislation addresses one 
part of our Nation's energy challenges. Although there is no single 
solution to solve our energy problems, I believe that every possible 
approach must be considered.
  Our Nation would realize several benefits from the increased use of 
bicycle transportation, including lessened dependence on foreign oil 
and prevention of harmful air emissions. Currently, less than one trip 
in one hundred, .88 percent, is by bicycle. If we can increase cycling 
use to one and a half trips per hundred, which is less than one bike 
trip every two weeks for the average person, we will save more than 462 
million gallons of gasoline in a year, worth more than $721 million. 
That is the equivalent of one full day per year in which the U.S. will 
not need to import any foreign oil.
  In addition to fostering greater energy security, this bill will help 
mitigate air quality challenges, which can be harmful to public health 
and the environment. Unlike automotive transportation, bicycling is 
emission-free.
  The Conserve by Bike Act encourages bicycling through two key 
components: a pilot program and a research project. The Conserve by 
Bike Pilot Program established by this legislation would be implemented 
by the U.S. Department of Transportation. The Department would fund up 
to ten pilot projects throughout the country that would utilize 
education and marketing tools to encourage people to convert some of 
their car trips to bike trips. Each of these pilot projects must: (1) 
document project results and energy conserved; (2) facilitate 
partnerships among stakeholders in two or more of the following fields: 
transportation, law enforcement, education, public health,

[[Page S3684]]

and the environment; (3) maximize current bicycle facility investments; 
(4) demonstrate methods that can be replicated in other locations; and 
(5) produce ongoing programs that are sustained by local resources.
  This legislation also directs the Transportation Research Board of 
the National Academy of Sciences to conduct a research project on 
converting car trips to bike trips. The study will consider: (1) what 
car trips Americans can reasonably be expected to make by bike, given 
such factors as weather, land use, and traffic patterns, carrying 
capacity of bicycles, and bicycle infrastructure; (2) what energy 
savings would result, or how much energy could be conserved, if these 
trips were converted from car to bike, (3) the cost-benefit analysis of 
bicycle infrastructure investments; and (4) what factors could 
encourage more car trips to be replaced with bike trips. The study also 
will identify lessons we can learn from the documented results of the 
pilot programs.
  The Conserve by Bike Program is a small investment that has the 
potential to produce significant returns: greater independence from 
foreign oil and a healthier environment and population. The Conserve by 
Bike Act authorizes a total of $6.2 million to carry out the pilot 
programs and research. A total of $5,150,000 will be used to implement 
the pilot projects; $300,000 will be used by the Department of 
Transportation to coordinate, publicize, and disseminate the results of 
the program; and $750,000 will be utilized for the research study.
  The provisions in this bill enjoy strong, bipartisan support and have 
passed by unanimous consent as an amendment to a previous Senate energy 
package. The measure is endorsed by the League of American Bicyclists, 
which has over 300,000 affiliates, as well as the Association of 
Pedestrian and Bicycle Professionals, Rails to Trails Conservancy, 
Thunderhead Alliance, Bikes Belong Coalition, Adventure Cycling, 
International Mountain Bicycling Association, Chicagoland Bicycle 
Federation, and the League of Illinois Bicyclists.
  I ask that the text of the legislation be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 808

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

     SECTION 1. CONSERVE BY BICYCLING PROGRAM.

       (a) Definitions.--In this section:
       (1) Program.--The term ``program'' means the Conserve by 
     Bicycling Program established by subsection (b).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (b) Establishment.--There is established within the 
     Department of Transportation a program to be known as the 
     ``Conserve by Bicycling Program''.
       (c) Projects.--
       (1) In general.--In carrying out the program, the Secretary 
     shall establish not more than 10 pilot projects that are--
       (A) dispersed geographically throughout the United States; 
     and
       (B) designed to conserve energy resources by encouraging 
     the use of bicycles in place of motor vehicles.
       (2) Requirements.--A pilot project described in paragraph 
     (1) shall--
       (A) use education and marketing to convert motor vehicle 
     trips to bicycle trips;
       (B) document project results and energy savings (in 
     estimated units of energy conserved);
       (C) facilitate partnerships among interested parties in at 
     least 2 of the fields of--
       (i) transportation;
       (ii) law enforcement;
       (iii) education;
       (iv) public health;
       (v) environment; and
       (vi) energy;
       (D) maximize bicycle facility investments;
       (E) demonstrate methods that may be used in other regions 
     of the United States; and
       (F) facilitate the continuation of ongoing programs that 
     are sustained by local resources.
       (3) Cost sharing.--At least 20 percent of the cost of each 
     pilot project described in paragraph (1) shall be provided 
     from State or local sources.
       (d) Energy and Bicycling Research Study.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall enter into a 
     contract with the National Academy of Sciences for, and the 
     National Academy of Sciences shall conduct and submit to 
     Congress a report on, a study on the feasibility of 
     converting motor vehicle trips to bicycle trips.
       (2) Components.--The study shall--
       (A) document the results or progress of the pilot projects 
     under subsection (b);
       (B) determine the type and duration of motor vehicle trips 
     that people in the United States may feasibly make by 
     bicycle, taking into consideration factors such as--
       (i) weather;
       (ii) land use and traffic patterns;
       (iii) the carrying capacity of bicycles; and
       (iv) bicycle infrastructure;
       (C) determine any energy savings that would result from the 
     conversion of motor vehicle trips to bicycle trips;
       (D) include a cost-benefit analysis of bicycle 
     infrastructure investments; and
       (E) include a description of any factors that would 
     encourage more motor vehicle trips to be replaced with 
     bicycle trips.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $6,200,000, to 
     remain available until expended, of which--
       (1) $5,150,000 shall be used to carry out pilot projects 
     described in subsection (c);
       (2) $300,000 shall be used by the Secretary to coordinate, 
     publicize, and disseminate the results of the program; and
       (3) $750,000 shall be used to carry out subsection (d).

  Ms. COLLINS. Mr. President, I am pleased to join with my colleague 
from Illinois in reintroducing the Conserve by Bike Act to recognize 
and promote bicycling's important impact on energy savings and public 
health.
  With America's dependence on foreign oil, it is vital that we look to 
the contribution that bike travel can make toward solving our Nation's 
energy challenges. The legislation we are reintroducing today would 
establish a Conserve by Bike pilot program that would oversee pilot 
projects throughout the country designed to conserve energy resources 
by providing education and marketing tools to convert car trips into 
bike trips. Right now, fewer than 1 trip in 100 nationwide is by 
bicycle. If we could increase this statistic to 1\1/2\ trips per 100, 
we could save over 462 million gallons of gasoline per year, worth 
nearly $1 billion.
  While more bike trips would benefit our energy conservation efforts, 
additional bicycling activity would also help improve the Nation's 
public health. According to the U.S. Surgeon General, fewer than one-
third of Americans meet Federal recommendations to engage in at least 
30 minutes of moderate physical activity 5 days a week. Even more 
disturbing is the fact that approximately 300,000 American deaths a 
year are associated with obesity. By promoting biking, we are working 
to ensure that Americans, young and old, will increase their physical 
activity.
  In my home State of Maine, citizen activists have led the way in 
encouraging their fellow Mainers to use bicycling as an alternative 
mode of transportation. Founded in 1992, the Bicycle Coalition of 
Maine, BCM, has grown substantially in its first decade plus of 
operation. In 1996, when BCM hired its current executive director, 
Jeffrey Miller, the organization had 200 individual and family 
memberships. Today, it has over 1,700. For a State of less than 1.3 
million residents--many of them elderly--BCM's broad membership is 
especially impressive.
  Over the years, this group has advocated increased bicycle access to 
Maine's roads and bridges, organized the first ``Bike to Work Day'' in 
our State, initiated bicycle safety education in our classrooms--
teaching more than 60,000 schoolchildren in over 500 Maine schools--and 
produced ``Share the Road'' public service announcements for television 
stations statewide, among numerous other accomplishments.

  No matter how energetic, committed, and organized BCM and other 
bicycle activists are, however, these groups cannot accomplish their 
mission alone. There is an important role for Government to play in 
encouraging more individuals to make bicycling their alternative mode 
of transportation. In Maine, BCM has built strong, active partnerships 
with local governments and the State's Department of Transportation. 
These key relationships have benefitted bicyclists throughout Maine 
and, in doing so, have encouraged more Mainers to ride their bikes on a 
regular basis. Indeed, more than 4 percent of Maine's commuters 
currently bike or walk, ranking the State 14th in that category 
nationwide. I believe the Federal Government needs to become more 
engaged in encouraging bicycling as a means of alternative 
transportation, and the Conserve by Bike Act would contribute to the 
worthy goal of convincing more Americans to travel by bicycle.
  The Senate is already on record in support of this bill. In the 
previous

[[Page S3685]]

Congress, during consideration of the Energy bill, identical 
legislation was accepted by voice vote as an amendment. I urge my 
colleagues to maintain their support for the Conserve by Bike Act.
                                 ______
                                 
      By Mr. LAUTENBERG (for himself, Mr. Corzine, and Mrs. Boxer):
  S. 809. A bill to establish certain duties for pharmacies when 
pharmacists employed by the pharmacies refuse to fill valid 
prescriptions for drugs or devices on the basis of personal beliefs, 
and for other purposes; to the Committee on Health, Education, Labor, 
and Pensions.
  Mr. LAUTENBERG. Mr. President, today I am introducing the Access to 
Legal Pharmaceuticals Act (ALPhA). I want to thank Senators Corzine and 
Boxer for cosponsoring this important piece of legislation.
  This bill is simple. It ensures timely access to contraception and is 
crucial to protecting a woman's health and autonomy, and to keeping 
pharmacists and politicians out of personal, private matters.
  This bill would protect an individual's access to legal contraception 
by requiring that if a pharmacist has a personal objection to filling a 
legal prescription for a drug or device, the pharmacy would be required 
to ensure that the prescription is filled by another pharmacist 
employed by the pharmacy who does not have a personal objection.
  I came to the Senate 22 years ago. We've made a lot of progress, in 
women's health and women's rights since then. But today it seems like 
we're fighting to keep from sliding backward in some areas.
  An individual's fundamental right of access to birth control is being 
attacked. Reports of some pharmacists refusing to fill prescriptions 
have been documented in twelve states.
  The women that were denied were young and old; married and single; 
with children and without. Even women who were using birth control for 
other medical reasons aside from preventing conception have been denied 
access to the birth control pill.
  If you told me 10 years ago that a woman's right to use contraception 
would be in jeopardy, I probably wouldn't have believed it. Today I 
have to believe it--because it's happening.
  In Texas last year, a pharmacist refused to fill a legal prescription 
for the ``morning after'' contraceptive for a woman who had been raped. 
First she was assaulted and violated--then her rights were violated by 
a self-righteous pharmacist who didn't want to do his job.
  In Milwaukee, a married woman in her mid-40s with four children got a 
prescription from her doctor for a morning-after pill. A pharmacist 
refused to do his job. He wouldn't fill the prescription.
  A handful of pharmacists are saying they have a ``right'' to ignore 
prescriptions written by medical doctors.
  Well, they do have a right. They have a right to get a new job if 
they don't want to fill legal prescriptions.
  But nobody has a right to come between any person and their doctor. 
Not the government . . . not an insurance company . . . and not a 
pharmacist.
  The American Pharmaceutical Association has adopted an ``Oath of 
Pharmacists.'' The last part of the oath states: I take these vows 
voluntarily with the full realization of the responsibility with which 
I am entrusted by the public.
  People trust pharmacists to fill the prescriptions that are written 
by their doctors. If pharmacists are allowed to pick and choose which 
prescriptions get filled, everyone's health will be at risk. Today they 
might not fill prescriptions for birth control pills. Tomorrow it could 
be painkillers for a cancer patient. Next year it could be medicine 
that prolongs the life of a person with AIDS or some other terminal 
disease.
  I'm going to fight to protect all Americans against this radical 
assault on our rights.
  I'm proud to introduce a bill that will require pharmacists to do one 
simple thing: their job.
  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. 809

       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 ``Access to Legal 
     Pharmaceuticals Act''.

     SEC. 2. FINDINGS.

       The Congress finds as follows:
       (1) An individual's right to religious belief and worship 
     is a protected, fundamental right in the United States.
       (2) An individual's right to access legal contraception is 
     a protected, fundamental right in the United States.
       (3) An individual's right to religious belief and worship 
     cannot impede an individual's access to legal prescriptions, 
     including contraception.

     SEC. 3. DUTIES OF PHARMACIES WITH RESPECT TO REFUSAL OF 
                   PHARMACISTS TO FILL VALID PRESCRIPTIONS.

       (a) In General.--Part B of title II of the Public Health 
     Service Act (42 U.S.C. 238 et seq.) is amended by adding at 
     the end the following section:

     ``SEC. 249. DUTIES OF PHARMACIES WITH RESPECT TO REFUSAL OF 
                   PHARMACISTS TO FILL VALID PRESCRIPTIONS.

       ``(a) In General.--A pharmacy that receives prescription 
     drugs or prescription devices in interstate commerce shall 
     maintain compliance with the following conditions:
       ``(1) If a product is in stock and a pharmacist employed by 
     the pharmacy refuses on the basis of a personal belief to 
     fill a valid prescription for the product, the pharmacy 
     ensures, subject to the consent of the individual presenting 
     the prescription in any case in which the individual has 
     reason to know of the refusal, that the prescription is, 
     without delay, filled by another pharmacist employed by the 
     pharmacy.
       ``(2) Subject to subsection (b), if a product is not in 
     stock and a pharmacist employed by the pharmacy refuses on 
     the basis of a personal belief or on the basis of pharmacy 
     policy to order or to offer to order the product when 
     presented a valid prescription for the product--
       ``(A) the pharmacy ensures that the individual presenting 
     the prescription is immediately informed that the product is 
     not in stock but can be ordered by the pharmacy; and
       ``(B) the pharmacy ensures, subject to the consent of the 
     individual, that the product is, without delay, ordered by 
     another pharmacist employed by the pharmacy.
       ``(3) The pharmacy does not employ any pharmacist who 
     engages in any conduct with the intent to prevent or deter an 
     individual from filling a valid prescription for a product or 
     from ordering the product (other than the specific conduct 
     described in paragraph (1) or (2)), including--
       ``(A) the refusal to return a prescription form to the 
     individual after refusing to fill the prescription or order 
     the product, if the individual requests the return of such 
     form;
       ``(B) the refusal to transfer prescription information to 
     another pharmacy for refill dispensing when such a transfer 
     is lawful, if the individual requests such transfer;
       ``(C) subjecting the individual to humiliation or otherwise 
     harassing the individual; or
       ``(D) breaching medical confidentiality with respect to the 
     prescription or threatening to breach such confidentiality.
       ``(b) Products Not Ordinarily Stocked.--Subsection (a)(2) 
     applies only with respect to a pharmacy ordering a particular 
     product for an individual presenting a valid prescription for 
     the product, and does not require the pharmacy to keep such 
     product in stock, except that such subsection has no 
     applicability with respect to a product for a health 
     condition if the pharmacy does not keep in stock any product 
     for such condition.
       ``(c) Enforcement.--
       ``(1) Civil penalty.--A pharmacy that violates a 
     requirement of subsection (a) is liable to the United States 
     for a civil penalty in an amount not exceeding $5,000 per day 
     of violation, and not to exceed $500,000 for all violations 
     adjudicated in a single proceeding.
       ``(2) Private cause of action.--Any person aggrieved as a 
     result of a violation of a requirement of subsection (a) may, 
     in any court of competent jurisdiction, commence a civil 
     action against the pharmacy involved to obtain appropriate 
     relief, including actual and punitive damages, injunctive 
     relief, and a reasonable attorney's fee and cost.
       ``(3) Limitations.--A civil action under paragraph (1) or 
     (2) may not be commenced against a pharmacy after the 
     expiration of the five-year period beginning on the date on 
     which the pharmacy allegedly engaged in the violation 
     involved.
       ``(d) Definitions.--For purposes of this section:
       ``(1) The term `employ', with respect to the services of a 
     pharmacist, includes entering into a contract for the 
     provision of such services.
       ``(2) The term `pharmacist' means a person authorized by a 
     State to practice pharmacy, including the dispensing and 
     selling of prescription drugs.
       ``(3) The term `pharmacy' means a person who--
       ``(A) is authorized by a State to engage in the business of 
     selling prescription drugs at retail; and
       ``(B) employs one or more pharmacists.
       ``(4) The term `prescription device' means a device whose 
     sale at retail is restricted under section 520(e)(1) of the 
     Federal Food, Drug, and Cosmetic Act.

[[Page S3686]]

       ``(5) The term `prescription drug' means a drug that is 
     subject to section 503(b)(1) of the Federal Food, Drug, and 
     Cosmetic Act.
       ``(6) The term `product' means a prescription drug or a 
     prescription device.
       ``(7) The term `valid', with respect to a prescription, 
     means--
       ``(A) in the case of a drug, a prescription within the 
     meaning of section 503(b)(1) of the Federal Food, Drug, and 
     Cosmetic Act that is in compliance with applicable law, 
     including, in the case of a prescription for a drug that is a 
     controlled substance, compliance with part 1306 of title 21, 
     Code of Federal Regulations, or successor regulations; and
       ``(B) in the case of a device, an authorization of a 
     practitioner within the meaning of section 520(e)(1) of such 
     Act that is in compliance with applicable law.
       ``(8) The term `without delay', with respect to a pharmacy 
     filling a prescription for a product or ordering the product, 
     means within the usual and customary timeframe at the 
     pharmacy for filling prescriptions for products for the 
     health condition involved or for ordering such products, 
     respectively.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     takes effect upon the expiration of 30 days after the date of 
     the enactment of this Act, without regard to whether the 
     Secretary of Health and Human Services has issued any 
     guidance or final rule regarding such amendment.
                                 ______
                                 
      By Mr. HATCH (for himself, Mrs. Feinstein, Mr. Thune, Mr. Talent, 
        Mr. Alexander, Mr. Allard, Mr. Allen, Mr. Baucus, Mr. 
        Brownback, Mr. Burns, Mr. Burr, Mr. Chambliss, Mr. Coburn, Mr. 
        Coleman, Ms. Collins, Mr. Cornyn, Mr. Craig, Mr. Crapo, Mr. 
        DeWine, Mr. Domenici, Mr. Ensign, Mr. Enzi, Mr. Frist, Mr. 
        Graham, Mr. Grassley, Mr. Inhofe, Mr. Kyl, Mrs. Lincoln, Mr. 
        Lott, Mr. Lugar, Mr. McCain, Mr. Roberts, Mr. Santorum, Mr. 
        Sessions, Mr. Shelby, Mr. Thomas, Mr. Vitter, Mr. Warner, Mr. 
        Bond, Mr. Bunning, Mr. DeMint, Mrs. Dole, Mr. Gregg, Mr. Hagel, 
        Mrs. Hutchison, Mr. Johnson, Mr. Martinez, Mr. Nelson of 
        Nebraska, Ms. Snowe, Mr. Specter, and Mr. Stevens):
  S.J. Res. 12. A joint resolution proposing an amendment to the 
Constitution of the United States authorizing Congress to prohibit the 
physical desecration of the flag of the United States; to the Committee 
on the Judiciary.
  Mr. HATCH. Mr. President, it is with a sense of honor that my friend 
and colleague, Senator Feinstein, and I rise to introduce a bipartisan 
constitutional amendment that would allow Congress to prohibit the 
physical desecration of the American flag.
  I am proud and privileged to be working again with my California 
colleague on this important proposal. Among our principal cosponsors 
are our colleagues Senator Thune and Senator Talent. It is heartening 
to us to see some of the Senate's newest Members come to this issue 
with the same passion that its original supporters still feel.
  This amendment is truly bipartisan. Today, we count 51 original 
cosponsors of this resolution. And, nearly two-thirds of the Members of 
this body have indicated their support. Those numbers seem to grow with 
each passing year.
  No doubt, some will still argue that this amendment is unnecessary. 
Fortunately, that refrain is gradually losing its punch.
  When this amendment eventually passes the Senate, as I believe that 
it will, our victory will not be attributed to the passions of the 
moment. Rather, it will be due to the tireless efforts of citizens 
committed to convincing their elected representatives that this 
amendment matters.
  I have heard from some Utahans who love our country's flag but are 
opposed to amending the Constitution. To them I would say, amending the 
Constitution should never be taken lightly. Yet after serious study of 
the issue, I have concluded there is no other way to guarantee that our 
flag is protected, as I will discuss in a few minutes.
  And, indeed, guaranteeing the physical integrity of the flag is a 
cause worth fighting for. The American people seem to understand what 
the opponents of this amendment fail to grasp. This amendment is a 
necessary statement that citizens still have some control over the 
destiny of this Nation and in maintaining the traditions and symbols 
that have helped to bind us together in all our diversity for over 200 
years.
  Those who oppose protecting the flag through a constitutional 
amendment are probably not aware of our constitutional history. Indeed, 
for most of America's history, our Nation's laws guaranteed the 
physical integrity of the American flag.
  These were laws no one questioned. No one every questioned that the 
simple act of providing legal protection for the flag, a unique symbol 
of our ties as a Nation, could somehow violate the Constitution.
  We should take a moment and recall what we were taught about the flag 
as schoolchildren. Our flag's 13 stripes show our origins. We started 
as 13 separate colonies that first became separate States and then one 
Nation through the Declaration of Independence and the American 
Revolution. The 50 stars on the field of blue represent what we have 
become: a Nation unified. And over the past 230 years, we have become 
ever more united in our commitment to the extension of liberty and 
equality.
  Among all of our differences, differences frequently reflected in 
this body, we do remain one Nation undivided and indivisible, and our 
flag is a simple but profound statement of that union. That is why we 
open the Senate each day by pledging our allegiance to the flag. It is 
a reminder of all that we have in common.
  Supreme Court Justice John Paul Stevens understood the significance 
of the flag's status when he wrote:

       A country's flag is a symbol of more than nationhood and 
     national unity. It also signifies the ideas that characterize 
     the society that has chosen that emblem as well as the 
     special history that has animated the growth and power of 
     those ideas . . . So it is with the American flag. It is more 
     than a proud symbol of the courage, the determination, and 
     the gifts of a nation that transformed 13 fledgling colonies 
     into a world power. It is a symbol of freedom, of equal 
     opportunity, of religious tolerance, and of goodwill for 
     other peoples who share our aspirations.

  There is a certain wisdom to Justice Stevens' statement that our 
constituents immediately grasp. Some polls show that over 80 percent of 
the American people support an amendment to protect the flag.
  Its unique character is represented in the diversity of the groups 
that have worked over the years to bring this amendment to fruition. 
Veterans, police, African Americans, Polish Americans, farmers, and so 
many more diverse groups see in the flag a symbol of our Nation; they 
understand that it is perfectly consistent with our constitutional 
traditions for us to protect it.
  Unfortunately, in 1989 the Supreme Court intervened and ovrrode every 
State law barring desecration of the American flag.
  None of these States has restricted first amendment political speech 
in any way.
  Their laws did not lead us down some slippery slope that would result 
in restraints on political opinions.
  These States drew reasonable distinctions between political speech 
and inflammatory and frequently violent acts.
  Yet in Texas v. Johnson, the Supreme Court held that a Texas statute, 
and others like it, that barred desecration of the American flag, 
violated core first amendment principles. That certainly would have 
been news to those who wrote the Constitution and our Bill of Rights.
  It was news, bad news, to the American people as well.
  So in response to this imprudent decision, the Senate acted quickly 
and passed The Flag Protection Act. It became law on October 28, 1989.
  Then, in 1990, the Court struck down even this legislation in United 
States v. Eichman.
  And that is why a constitutional amendment has become necessary.
  With due respect to our courts, and to my colleagues who continue to 
support these decisions, these legal arguments against flag protection 
just do not hold water.
  Detractors of our amendment contend that the first amendment 
guarantees the right to burn the American flag. It does no such thing.
  They contend it would carve out an exception to the first amendment 
as some say. It would not. Rather, it would reaffirm what was 
understood not only by those who ratified the Constitution but also by 
citizens of today: that the first amendment never guaranteed such 
expressive conduct. Whether one is an originalist or whether one 
believes in a living Constitution, this argument falls short.

[[Page S3687]]

  The American people have long distinguished between the first 
amendment's guarantee of an individual's right to speak his or her mind 
and the repulsive expression of desecrating the flag. For many years, 
the people's elected representatives in Congress and 49 State 
legislatures passed statutes prohibiting physical desecration of the 
flag, and our political speech thrived. It was just as robust as it is 
today.
  Yet in 1989, the Supreme Court's novel interpretation of the first 
amendment concluded that the people, their elected legislators, and the 
courts are no longer capable of making these reasonable distinctions, 
distinctions that we frequently make in this body such as when we 
prohibit speeches or demonstrations of any kind, even in the silent 
display of signs or banners, in the public galleries.
  The American people created the Constitution, and they reserved to 
themselves the right to amend the Constitution when they saw fit. Is it 
wrong to give the American people the opportunity to review whether the 
Supreme Court got it right in this case? I think not.
  The fact is, a Senator does not take an oath to support and defend 
the holdings of the Supreme Court. We take an oath to support the 
Constitution. And, it is entirely appropriate that when we think the 
Court gets it wrong, we correct it through proper constitutional 
devices, devices set out in the Constitution itself . . . Though it has 
been forgotten over the years, this is hardly a radical idea. It was 
one supported by the founders of both the Republican and Democratic 
parties, Thomas Jefferson and Abraham Lincoln.
  As some in this body have noted, our courts are now frequently 
attempting to identify a national consensus to justify contemporary 
interpretations of our constitutional guarantees. The progress of this 
amendment to protect the flag demonstrates to me at least just how such 
a consensus is supposed to develop. Through argument, through give and 
take, through debate--over time the American people, as reflected in 
the actions of their representatives, have become more sure than ever 
that they should have the opportunity to protect their flag through 
moderate and reasonable legislation.
  After September 11, citizens proudly flew the flag, defying the 
terrorist challenge to our core values of liberty and equality, and 
confirming its unique status as a symbol of our nation's strength and 
purpose. In the struggle that has followed, our flag stands as a 
reminder of the many personal sacrifices made to protect and strengthen 
our nation.
  And so, to protect this symbol, I am today introducing this 
amendment.
  I thank my colleagues, Senators Feinstein, Thune, and Talent for 
their work on this. I urge those who are not cosponsors of this 
amendment to keep an open mind as we debate this resolution.
  It is my hope that the Judiciary committee will move the resolution 
to the floor.
  And, in turn, I ask that our leadership ensure this resolution gets a 
vote on the floor.
  Mr. THUNE. Mr. President, today, it is my distinct honor and 
privilege to rise and speak on behalf of Senator Hatch, Senator 
Feinstein, Senator Talent, myself, and 47 other senators, as we 
introduce bipartisan legislation we believe to be long overdue. It is 
not reform legislation. It does not authorize new government programs, 
create new sources of tax revenue, or provide incentives to stimulate 
our economy. It is none of those things, but it is a matter of great 
importance. The events of 9/11 have reminded us all of that. It is, 
instead, legislation that speaks to the core of our beliefs and hopes 
as a Nation, and as a people. It is about a national treasure and a 
symbol of our country that the vast majority of Americans--and the 
majority of this great body, I might add--believe is worth special 
status and worthy of protection. It is about the American flag.
  Our American flag is more than mere cloth and ink. It is a symbol of 
the liberty and freedom that we enjoy today thanks to the immeasurable 
sacrifices of generations of Americans who came before us.
  It represents the fiber and strength of our values and it has been 
sanctified by the blood of those who died defending it.
  I rise today to call upon all members of this body to support a 
constitutional amendment that would give Congress the power to prohibit 
the physical desecration of the American flag. It would simply 
authorize, but not require, Congress to pass a law protecting the 
American flag.
  This amendment does not affect anyone's right to express their 
political beliefs.
  It would only allow Congress to prevent our flag from being used as a 
prop, to be desecrated in some ways simply not appropriate to even 
mention in these halls.
  This resolution and similar legislation have been the subject of 
debate before this body before. There is, in fact, a quite lengthy 
legislative history regarding efforts to protect the American flag from 
desecration. In 1989, the Supreme Court declared essentially that 
burning the American flag is ``free speech.'' That is a decision the 
American people should make, particularly when this country finds 
itself fighting for democracy and expending American lives for that 
cause, on battlefields overseas.
  South Dakota veterans and members of the armed forces from my State 
know exactly what I'm talking about, as I'm sure they do from every 
state represented in the Senate. In recent months, units of the 147th 
field artillery and 153rd engineer battalions of the South Dakota 
National Guard returned home after spending a difficult year in Iraq. 
Likewise, the 452nd ordinance company of the United States Army Reserve 
is preparing to depart for Iraq in September.
  My father, like many other veterans of World War II, understands the 
importance of taking this step. Veterans from across South Dakota have 
asked me to step up and defend the flag of this great Nation and today 
I am answering that call.
  Today, members of both political parties will introduce a proposed 
constitutional amendment that would give back to the American people 
the power to prevent the desecration of the American flag. We know the 
gravity of this legislation. There is nothing complex about this 
amendment, nor are there any hidden consequences. This amendment 
provides Congress with the power to outlaw desecration of the American 
flag, a right that is widely recognized by Madison, Jefferson, and 
Supreme Court Justice Hugo Black, one of the foremost advocates of 
first amendment freedoms.
  Most states officially advocate Congress passing legislation to 
protect the flag. Frankly, I do not see this as a first amendment 
issue.
  It is an attempt to restore the traditional protections to the symbol 
cherished so dearly by our Government and the people of the United 
States. Some acts are not accepted as ``free speech'' even in societies 
like ours where we consider free speech a cherished right. For example, 
an attempt to burn down this Capitol building as a political statement 
would never be viewed as someone's right of free speech. Our laws would 
not tolerate the causing of harm to other's property or life as an act 
of ``free speech.'' This flag happens to be the property of the 
American people, in my opinion, and this question should be put before 
the States and their people to decide how and if to protect it. I think 
the answer will come back as a resounding ``yes''.
  There is little doubt that the debate over state ratification will 
trigger a tremendous discussion over our values, beliefs and whether we 
will ultimately bestow a lasting honor on our traditions. Importantly, 
it will be an indication of how we recognize our servicemen and women 
who are sacrificing--right now--in Iraq and Afghanistan, to protect 
those traditions and values for us. Will we honor them, and all the 
veterans who served and died in wars for this country and our flag over 
the last 200 years? That's not a question which a court should hold the 
final answer.
  I believe the time has finally come. I believe our country wants this 
debate. The majority of this Senate, I believe, wants this amendment. 
We begin it here, and we begin it now. Let the debate begin.
  Mr. BURNS. Mr. President, I come to the floor today to voice my 
support for the flag amendment.
  The flag of the United States of America is a symbol of freedom. The 
flag of the United States of America

[[Page S3688]]

has been sanctified by the blood of thousands of U.S. soldiers who have 
fought across the world, and it must be protected from desecration. 
This proposed constitutional amendment would overturn the 1989 U.S. 
Supreme Court's 5-4 ruling which held that laws banning desecration of 
the U.S. flag were unconstitutional infringements on free speech and 
therefore a violation of the first amendment.
  I am proud of the first amendment right to free speech and will 
always ensure all Americans maintain that right. I am also proud of the 
American flag and the values behind it. The American flag flies over 
this great country as a symbol of liberty and patriotism. Desecration 
of the flag would be destruction of the core principles on which this 
great Nation was founded. I will continue to be an advocate on behalf 
of the American flag and the values the flag represents.
  I encourage my colleagues to support this measure and join me in 
ensuring the everlasting integrity of the American flag.

                          ____________________