[Congressional Record Volume 151, Number 129 (Thursday, October 6, 2005)]
[Senate]
[Pages S11214-S11237]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. KOHL (for himself and Mr. Durbin):
S. 1826. A bill to amend the Internal Revenue Code of 1986 to allow a
credit to encourage employers to offer flexible and phased work
opportunities to older workers, to expand the credit for dependent care
expenses to cover eldercare expenses, to extend COBRA coverage for
certain older workers who lose health insurance coverage due to a
reduction in work, to improve older workers' access to job training
services, and for other purposes; to the Committee on Finance.
Mr. KOHL. Mr. President, I rise today to discuss an issue that will
greatly affect our Nation's aging population, workforce, and economy:
the need to expand opportunities for older Americans to continue
working into their later years if they so choose.
As older Americans live longer and healthier lives, many are planning
to work longer. According to a recent survey, 80 percent of baby
boomers expect to work past traditional retirement age. Some may
recognize the physical and mental benefits of work, while some may need
the additional income to remain financially secure. Whatever the reason
people decide to stay on the job, it's time to change the way our
Nation thinks about retirement. A one-size-fits-all retirement will no
longer match the very different plans that seniors and baby boomers
have for their later years.
Rethinking retirement is also vital to our Nation's economic future.
By 2030, businesses could face a labor force shortage of 35 million
workers, and the projected slowdown in labor force growth could
translate into lower economic growth and living standards. However, we
can soften the potentially serious impact of these trends if we develop
policies that expand opportunities for older Americans to work longer.
Today, we are taking a first step by introducing The Older Worker
Opportunity Act. This legislation addresses a variety of issues that
affect older workers and employers: workplace flexibility, pensions,
health insurance coverage, job training, and caregiving needs. Back in
April, as ranking member of the Aging Committee, I chaired a hearing on
older workers which identified barriers and disincentives to working
longer. This legislation specifically targets those.
First, today's workplace rarely offers flexible and part-time work
arrangements for older workers. Most older workers would choose to work
past traditional retirement age, but would prefer to gradually
transition into retirement instead of fully retiring at a traditional
retirement age.
To encourage employers to offer flexible and part-time work
arrangements, we propose a tax credit for employers that give their
older workers such opportunities while protecting them from the loss of
health or pension benefits. Our aim is to encourage more workplace
flexibility, which would benefit both older workers and employers
through increased productivity and job retention.
Second, the bill provides an extra safety net for older workers who
reduce their work but whose employers do not keep them on their health
plan. In those cases, of course, the employer would not qualify for the
tax credit we are offering. However, we would extend COBRA coverage
from 18 to 36 months for their workers from the age of 62 until they
are eligible for Medicare.
Third, one major reason why older workers exit the workforce is the
need to care for aging family members. Older workers who are also
caregivers often face a significant loss of earnings and retirement
income, and their employers lose up to $29 billion per year in lost
work time and productivity. To help older workers balance the demands
of work and caregiving, and to help employers by increasing
productivity and reducing turnover costs, we propose expanding the
dependent care credit to cover the care of chronically ill family
members.
Fourth, as GAO has found, job training programs are often discouraged
[[Page S11215]]
from enrolling older workers because their effectiveness is measured in
part by participants' earnings. Older workers tend to seek part-time
work and receive lower earnings when they get new jobs. As a result,
older workers do not have access to the training services they need to
develop their technological skills and increase their productivity. We
propose adjusting older workers' lower earnings when measuring the
success of job training programs in order to more accurately reflect
the value of job training programs to the older workforce. We also ask
states to collect more data on the success of our current job training
programs in meeting the unique needs of older workers.
Fifth, it is clear that the barriers this bill addresses are not the
only barriers facing older workers. This bill is just the beginning.
Therefore, we propose a ``Task Force on Older Workers,'' composed of
experts from all relevant federal agencies, to further identify
barriers and disincentives in current law, and recommend solutions.
We face an historic challenge, and with it, an historic opportunity.
We need a 21st century workplace that is a win-win for both older
workers and their employers--and an effective strategy for retaining
our competitive advantage against other countries facing the same
demographic tidal wave. We need to usher in a new age of work and
retirement in which seniors are not limited to a choice between one or
the other. We need to empower seniors to make the continued
contributions we all know they can to our economy and our communities.
Many older Americans and employers have already begun to pave the
way. More older Americans are willing and able to continue making a
contribution to the workplace and our economy, and more employers are
beginning to recognize the value of older workers. We must incorporate
this new mindset into our national culture, and develop policies that
reflect this reality. Our seniors deserve it, and our economic future
may well depend on it.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record, and that the attached letters of endorsement
also be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 1826
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 ``Older
Worker Opportunity Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--TAX INCENTIVES
Sec. 101. Tax credit for older workers in flexible and phased work
programs.
Sec. 102. Expansion of dependent care credit to eldercare expenses.
TITLE II--COBRA CONTINUATION COVERAGE
Sec. 201. Extended COBRA continuation coverage for certain older
workers.
TITLE III--EMPLOYMENT AND TRAINING
Sec. 301. Definitions.
Sec. 302. Statewide employment and training activities.
Sec. 303. Local employment and training activities.
Sec. 304. Performance measures.
Sec. 305. Reporting.
Sec. 306. Incentive grants.
TITLE IV--FEDERAL TASK FORCE ON OLDER WORKERS
Sec. 401. Federal task force on older workers.
TITLE I--TAX INCENTIVES
SEC. 101. TAX CREDIT FOR OLDER WORKERS IN FLEXIBLE AND PHASED
WORK PROGRAMS.
(a) Congress finds that--
(1) most older workers expect to work past traditional
retirement age;
(2) most older workers would prefer not to work a
traditional full-time schedule;
(3) older workers' preference for flexible and phased work
is not matched by opportunities currently offered by
employers;
(4) many older workers would choose to work longer if they
were offered flexible and phased work opportunities, which
would also reduce employer costs by increasing employee
retention; and
(5) many older workers would like to gradually transition
into retirement instead of taking full retirement
immediately.
(b) Flexible and Phased Work Credit.--Subpart D of part IV
of subchapter A of chapter 1 of the Internal Revenue Code of
1986 (relating to business related credits) is amended by
adding at the end the following new section:
``SEC. 45N. FLEXIBLE AND PHASED WORK CREDIT.
``(a) In General.--For purposes of section 38, in the case
of an eligible employer, the flexible and phased work credit
determined under this section for the taxable year shall be
equal to 40 percent of the qualified wages for such year.
``(b) Eligible Employer.--For purposes of this section, the
term `eligible employer' means an employer which--
``(1) maintains a qualified trust (within the meaning of
section 401(a)), and
``(2) provides health insurance coverage (as defined in
section 9832(b)(1)(A)) to employees and pays no less than 60
percent of the cost of such health insurance coverage with
respect to each full-time employee receiving such coverage.
``(c) Qualified Wages Defined.--For purposes of this
section--
``(1) Qualified wages.--The term `qualified wages' means
the wages paid or incurred by an eligible employer during the
taxable year to individuals whom at the time such wages are
paid or incurred--
``(A) have attained the age of 59\1/2\, and
``(B) are participating in a formal flexible work program
or a formal phased work program.
``(2) Wages.--
``(A) In general.--The term `wages' has the meaning given
such term by subsection (b) of section 3306 (determined
without regard to any dollar limitation contained in such
section).
``(B) Other rules.--Rules similar to the rules of paragraph
(2) and (3) of section 51(c) shall apply for purposes of this
section.
``(C) Termination.--The term `wages' shall not include any
amount paid or incurred to an individual after December 31,
2010.
``(3) Only first $6,000 of wages per year taken into
account.--The amount of the qualified wages which may be
taken into account with respect to any individual shall not
exceed $6,000 per year.
``(d) Formal Flexible Work Program.--For purposes of this
section--
``(1) In general.--The term `formal flexible work program'
means a program of an eligible employer--
``(A) which consists of core time and flex time,
``(B) under which core time does not exceed--
``(i) 20 hours per week,
``(ii) 3 days per week, or
``(iii) 1,000 hours per year, and
``(C) which meets the requirements of subsection (f).
``(2) Core time.--The term `core time' means the specific
time--
``(A) during which an employee is required to perform
services related to employment, and
``(B) which is determined by the employer.
``(3) Flex time.--The term `flex time' means the time other
than core time--
``(A) during which an employee is required to perform
services related to employment, and
``(B) which is determined at the election of the employee.
``(e) Formal Phased Work Program.--For purposes of this
section, the term `formal phased work program' means--
``(1) a program of an eligible employer--
``(A) under which the employer and an employee enter into
an agreement, in good faith, that the employee's work
schedule will be no more than 80 percent of the work schedule
of a similarly situated full-time employee, and
``(B) which meets the requirements of subsection (f), or
``(2) any phased retirement program of an eligible employer
which--
``(A) is authorized by the Secretary, and
``(B) meets the requirements of subsection (f).
``(f) Requirements.--A program shall not be considered a
formal flexible work program or a formal phased work program
under this section unless such program meets the following
requirements:
``(1) Duration of program.--The program shall allow for
participation for a period of at least 1 year.
``(2) No change in health benefits.--With respect to a
participant whose work schedule is no less than 20 percent of
the work schedule of a similarly situated full-time
employee--
``(A) such participant shall be entitled to the same health
insurance coverage to which a similarly situated full-time
employee would be entitled,
``(B) the employer shall contribute the same percentage of
the cost of health insurance coverage for such participant as
the employer would contribute for a similarly situated full-
time employee, and
``(C) such participant shall be entitled to participate in
a retiree health benefits plan of the employer in the same
manner as a similarly situated full-time employee, except
that service credited under the plan for any plan year shall
be equal to the ratio of the participant's work schedule
during such year to the work schedule of a similarly situated
full-time employee during such year.
``(3) No reduction in pension benefits.--
``(A) Defined benefit plans.--
``(i) A participant shall be entitled to participate in a
defined benefit plan (within the meaning of section 414(j))
of the employer in the same manner as a similarly situated
full-time employee.
``(ii) Service credited to a participant under the plan for
any plan year shall be equal to the ratio of the
participant's work
[[Page S11216]]
schedule during such year to the work schedule of a similarly
situated full-time employee during such year.
``(iii) If the plan uses final average earnings to
determine benefits, final average earnings of the participant
shall be no less than such earnings were before the
participant entered the program.
``(B) Defined contribution plans.--A participant shall be
entitled to participate in a defined contribution plan
(within the meaning of section 414(i)) of the employer in the
same manner as a similarly situated full-time employee, and
the employer shall match the participant's contributions at
the same rate that the employer would match the contributions
of a similarly situated full-time employee.
``(C) No forfeiture of pension benefits.--The pension
benefits of a participant shall not be forfeited under the
rules of section 411(a)(3)(B) or section 203(a)(3)(B) of the
Employee Retirement Income Security Act of 1974 with respect
to a participant who has attained normal retirement age as of
the end of the plan year.
``(4) Nondiscrimination rule.--Eligibility to participate
in the program shall not discriminate in favor of highly
compensated employees (within the meaning of section 414(q)).
``(g) Certain Individuals Ineligible.--For purposes of this
section, rules similar to the rules of paragraphs (1) and (2)
of section 51(i) and section 52 shall apply.
``(h) Regulations.--The Secretary may prescribe such
regulations as are necessary to carry out the purposes of
this section, including simplified rules to satisfy the
requirements of subsection (f)(3)(C) taking into account the
requirements of section 411 and section 203 of the Employee
Retirement Income Security Act of 1974.''.
(c) Credit Made Part of General Business Credit.--
Subsection (b) of section 38 of the Internal Revenue Code of
1986 is amended by striking ``and'' at the end of paragraph
(25), by striking the period at the end of paragraph (26) and
inserting ``, plus'', and by adding at the end the following
new paragraph:
``(27) the flexible and phased work credit determined under
section 45N(a).''.
(d) No Double Benefit.--Subsection (a) of section 280C of
the Internal Revenue Code of 1986 is amended by inserting
``45N(a),'' after ``45A(a),''.
(e) Clerical Amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new item:
``Sec. 45N. Flexible and phased work credit.''.
(f) Effective Date.--The amendments made by this section
shall apply to wages paid after December 31, 2005.
SEC. 102. EXPANSION OF DEPENDENT CARE CREDIT TO ELDERCARE
EXPENSES.
(a) In General.--Paragraph (1) of section 21(b) of the
Internal Revenue Code of 1986 (relating to qualifying
individual) is amended by striking ``or'' at the end of
subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``, or'', and by adding at the
end the following new subparagraph:
``(D) an individual who--
``(i) has attained retirement age (as defined in section
216(l)(1) of the Social Security Act) before the end of the
taxable year of the taxpayer,
``(ii) is the spouse of the taxpayer or has a relationship
to the taxpayer described in subparagraph (B), (C), (D), (F),
or (G) of section 152(d)(2), and
``(iii) is a chronically ill individual (within the meaning
of section 7702B(c)(2)).''.
(b) Expenses for Care Outside of Household.--
(1) In general.--Subparagraph (B) of section 21(b)(2) of
the Internal Revenue Code of 1986 is amended by striking
``or'' at the end of clause (i), by redesignating clause (ii)
as clause (iii), and by inserting after clause (i) the
following new clause:
``(ii) a qualifying individual described in paragraph
(1)(D), or''.
(2) Conforming amendment.--Clause (iii) of section
21(b)(2)(B), as redesignated by paragraph (1), is amended by
striking ``paragraph (1)(A)'' and inserting ``subparagraph
(A) or (D) of paragraph (1)''.
(c) Conforming Amendments.--
(1) The heading of section 21 of the Internal Revenue Code
of 1986 is amended by striking ``AND DEPENDENT CARE
SERVICES'' and inserting ``, DEPENDENT CARE, AND ELDERCARE
SERVICES''.
(2) The item relating to section 21 in the table of
sections for subpart A of part IV of subchapter A of chapter
1 of such Code is amended striking ``and dependent care
services'' and inserting ``, dependent care, and eldercare
services''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2005.
TITLE II--COBRA CONTINUATION COVERAGE
SEC. 201. EXTENDED COBRA CONTINUATION COVERAGE FOR CERTAIN
OLDER WORKERS.
(a) Amendments to the Employee Retirement Income Security
Act of 1974.--Section 602 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1162) is amended--
(1) in paragraph (2)(A), by adding at the end the
following:
``(vi) Special rule for certain older workers.--
``(I) In general.--Notwithstanding any other provision of
this subparagraph, in the case of a qualifying event
described in section 603(2) relating to a reduction of hours
of an employee described in subclause (II), the date which is
36 months after the date of the qualifying event, except that
the period of coverage under this clause shall end on the
date on which the employee becomes entitled to benefits under
title XVIII of the Social Security Act based on age.
``(II) Employee described.--An employee is described in
this subclause if such employee, on the date of the
qualifying event, is at least the early retirement age (as
defined in section 216(l)(2) of the Social Security Act) but
not yet entitled to benefits under title XVIII of the Social
Security Act based on age.''; and
(2) in paragraph (3), by adding at the end the following:
``In the case of an individual described in paragraph
(2)(A)(vi), any reference in subparagraph (A) of this
paragraph to `102 percent' is deemed a reference to `120
percent' for any month after the 18th month of continuation
coverage provided for under such paragraph (2)(A)(vi).''.
(b) Amendments to the Public Health Service Act.--Section
2202 of the Public Health Service Act (42 U.S.C. 300bb-2) is
amended--
(1) in paragraph (2)(A), by inserting after clause (iv) the
following:
``(v) Special rule for certain older workers.--
``(I) In general.--Notwithstanding any other provision of
this subparagraph, in the case of a qualifying event
described in section 2203(2) relating to a reduction of hours
of an employee described in subclause (II), the date which is
36 months after the date of the qualifying event, except that
the period of coverage under this clause shall end on the
date on which the employee becomes entitled to benefits under
title XVIII of the Social Security Act based on age.
``(II) Employee described.--An employee is described in
this subclause if such employee, on the date of the
qualifying event, is at least the early retirement age (as
defined in section 216(l)(2) of the Social Security Act) but
not yet entitled to benefits under title XVIII of the Social
Security Act based on age.''; and
(2) in paragraph (3), by adding at the end the following:
``In the case of an individual described in paragraph
(2)(A)(v), any reference in subparagraph (A) of this
paragraph to `102 percent' is deemed a reference to `120
percent' for any month after the 18th month of continuation
coverage provided for under such paragraph (2)(A)(v).''.
(c) Amendments to the Internal Revenue Code of 1986.--
Section 4980B(f) of the Internal Revenue Code of 1986 is
amended--
(1) in paragraph (2)(B)(i), by inserting after subclause
(V) the following:
``(VI) Special rule for certain older workers.--
``(aa) In general.--Notwithstanding any other provision of
this clause, in the case of a qualifying event described in
paragraph (3)(B) relating to a reduction of hours of an
employee described in item (bb), the date which is 36 months
after the date of the qualifying event, except that the
period of coverage under this clause shall end on the date on
which the employee becomes entitled to benefits under title
XVIII of the Social Security Act based on age.
``(bb) Employee described.--An employee is described in
this subclause if such employee, on the date of the
qualifying event, is at least the early retirement age (as
defined in section 216(l)(2) of the Social Security Act) but
not yet entitled to benefits under title XVIII of the Social
Security Act based on age.''; and
(2) in paragraph (2)(C) by adding at the end the following:
``In the case of an individual described in subparagraph
(B)(i)(VI), any reference in clause (i) of this subparagraph
to `102 percent' is deemed a reference to `120 percent' for
any month after the 18th month of continuation coverage
provided for under such subparagraph (B)(i)(VI).''.
TITLE III--EMPLOYMENT AND TRAINING
SEC. 301. DEFINITIONS.
Section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801) is amended--
(1) by redesignating paragraphs (17) through (53) as
paragraphs (18) through (54), respectively; and
(2) by inserting after paragraph (16) the following:
``(17) Hard-to-serve populations.--The term `hard-to-serve
populations' means populations of individuals who are hard to
serve, including displaced homemakers, low-income
individuals, Native Americans, individuals with disabilities,
older individuals, ex-offenders, homeless individuals,
individuals with limited English proficiency, individuals who
do not meet the definition of literacy in section 203,
individuals facing substantial cultural barriers, migrant and
seasonal farmworkers, individuals within 2 years of
exhausting lifetime eligibility under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.), single
parents (including single pregnant women), and such other
groups as the Governor determines to be hard to serve.''.
SEC. 302. STATEWIDE EMPLOYMENT AND TRAINING ACTIVITIES.
Section 134(a)(3)(A) of such Act (29 U.S.C. 2864 (a)(3)(A))
is amended--
(1) in clause (vi), by striking ``and'' at the end;
(2) by redesignating clause (vii) as clause (viii); and
[[Page S11217]]
(3) by inserting after clause (vi) the following:
``(vii) developing strategies for effectively serving hard-
to-serve populations and for coordinating programs and
services among one-stop partners; and''.
SEC. 303. LOCAL EMPLOYMENT AND TRAINING ACTIVITIES.
(a) Intensive Services.--Section 134(d)(3) of such Act (29
U.S.C. 2864(d)(3)) is amended by striking subparagraph (A)
and inserting the following:
``(A) In general.--
``(i) Eligibility.--Except as provided in clause (iii),
funds allocated to a local area for adults under paragraph
(2)(A) or (3), as appropriate, of section 133(b), and funds
allocated to the local area for dislocated workers under
section 133(b)(2)(B), shall be used to provide intensive
services to adults and dislocated workers, respectively--
``(I) who are unemployed and who, after an interview,
evaluation, or assessment, have been determined by a one-stop
operator or one-stop partner to be--
``(aa) unlikely or unable to obtain employment, that leads
to self-sufficiency or wages comparable to or higher than
previous employment, through core services described in
paragraph (2); and
``(bb) in need of intensive services to obtain employment
that leads to self-sufficiency or wages comparable to or
higher than previous employment; or
``(II) who are employed, but who, after an interview,
evaluation, or assessment, are determined by a one-stop
operator or one-stop partner to be in need of intensive
services to obtain or retain employment that leads to self-
sufficiency.
``(ii) Consideration.--For purposes of determining whether
an adult or dislocated worker meets the requirements of
clause (i)(I)(aa), a one-stop operator or one-stop partner
shall consider whether the adult or dislocated worker is a
member of a hard-to-serve population.
``(iii) Special rule.--A new interview, evaluation, or
assessment of a participant is not required under clause (i)
if the one-stop operator or one-stop partner determines that
it is appropriate to use a recent assessment of the
participant conducted pursuant to another education or
training program.''.
(b) Training Services.--Section 134(d)(4) of such Act (29
U.S.C. 2864(d)(4)) is amended by striking subparagraph (A)
and inserting the following:
``(A) In general.--
``(i) Eligibility.--Except as provided in clause (iii),
funds allocated to a local area for adults under paragraph
(2)(A) or (3), as appropriate, of section 133(b), and funds
allocated to the local area for dislocated workers under
section 133(b)(2)(B), shall be used to provide training
services to adults and dislocated workers, respectively--
``(I) who, after an interview, evaluation, or assessment,
and case management, have been determined by a one-stop
operator or one-stop partner, as appropriate, to--
``(aa) be unlikely or unable to obtain or retain
employment, that leads to self-sufficiency or wages
comparable to or higher than previous employment, through the
intensive services described in paragraph (3);
``(bb) be in need of training services to obtain or retain
employment that leads to self-sufficiency or wages comparable
to or higher than previous employment; and
``(cc) have the skills and qualifications to successfully
participate in the selected program of training services;
``(II) who select programs of training services that are
directly linked to the employment opportunities in the local
area or region involved or in another area to which the
adults or dislocated workers are willing to commute or
relocate;
``(III) who meet the requirements of subparagraph (B); and
``(IV) who are determined to be eligible in accordance with
the priority system in effect under subparagraph (E).
``(ii) Consideration.--For purposes of determining whether
an adult or dislocated worker meets the requirements of
clause (i)(I)(aa), a one-stop operator or one-stop partner
shall consider whether the adult or dislocated worker is a
member of a hard-to-serve population.
``(iii) Special rule.--A new interview, evaluation, or
assessment of a participant is not required under clause (i)
if the one-stop operator or one-stop partner determines that
it is appropriate to use a recent assessment of the
participant conducted pursuant to another education or
training program.''.
(c) Local Employment and Training Activities.--Section
134(e)(1)(A) of such Act (29 U.S.C. 2864(e)(1)(A)) is
amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) customer support to enable members of hard-to-serve
populations, including individuals with disabilities, to
navigate among multiple services and activities for such
populations.''.
SEC. 304. PERFORMANCE MEASURES.
(a) State Performance Measures.--Section
136(b)(3)(A)(iv)(II) of the Workforce Investment Act of 1998
(29 U.S.C. 2871(b)(3)(A)(iv)(II)) is amended--
(1) by striking ``taking into account'' and inserting ``and
shall ensure that the levels involved are adjusted, using
objective statistical methods, based on'';
(2) by inserting ``(such as differences in unemployment
rates and job losses or gains in particular industries)''
after ``economic conditions''; and
(3) by inserting ``(such as indicators of poor work
history, lack of work experience, lack of educational or
occupational skills attainment, dislocation from high-wage
and benefit employment, low levels of literacy or English
proficiency, disability status, older individual status,
homelessness, ex-offender status, and welfare dependency)''
after ``program''.
(b) Local Performance Measures.--Section 136(c)(3) (29
U.S.C. 2871(c)(3))--
(1) by striking ``shall take into account'' and inserting
``shall ensure that the levels involved are adjusted, using
objective statistical methods, based on'';
(2) by inserting ``(characteristics such as unemployment
rates and job losses or gains in particular industries)''
after ``economic''; and
(3) by inserting ``(characteristics such as indicators of
poor work history, lack of work experience, lack of
educational and occupational skills attainment, dislocation
from high-wage and benefit employment, low levels of literacy
or English proficiency, disability status, older individual
status, homelessness, ex-offender status, and welfare
dependency)'' after ``demographic''.
(c) Wage Records and Documented Data.--Section 136(f)(2) of
such Act (29 U.S.C. 2871(f)(2)) is amended--
(1) by striking ``(2)'' and all that follows through ``In''
and inserting the following:
``(2) Wage records and documented data.--
``(A) Wage records.--In''; and
(2) by adding at the end the following:
``(B) Documented data.--In measuring the progress of the
State with respect to older individuals on State and local
performance measures relating to earnings, a State may use
documented data other than quarterly wage records to
determine the work schedule of the older individuals, and may
impute full-time earnings to part-time workers who are older
individuals.''.
SEC. 305. REPORTING.
Section 136(d)(2) of such Act (29 U.S.C. 2871(d)(2)) is
amended--
(1) in subparagraph (E), by striking ``(excluding
participants who received only self-service and informational
activities)''; and
(2) in subparagraph (F)--
(A) by striking ``(F)'' and inserting ``(F)(i)'';
(B) by striking the period and inserting ``; and''; and
(C) by adding at the end the following:
``(ii) the number of participants in each of the groups
described in clause (i) who have received services authorized
under this title, in the form of core services described in
section 134(d)(2), intensive services described in section
134(d)(3), training services described in section 134(d)(4),
and followup services, respectively;''.
SEC. 306. INCENTIVE GRANTS.
(a) Use of Funds for Statewide Employment and Training
Activities.--Section 134(a)(2)(B) of the Workforce Investment
Act of 1998 (29 U.S.C. 2864(a)(2)(B)) is amended--
(1) in clause (v), by striking ``and'' at the end;
(2) in clause (vi), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(vii) providing incentive grants to local areas, in
accordance with section 136(j).''.
(b) Incentive Grants for Local Areas.--Section 136 of such
Act is amended by adding at the end the following:
``(j) Incentive Grants for Local Areas.--
``(1) In general.--From funds reserved under sections
128(a) and 133(a)(1), the Governor involved shall award
incentive grants to local areas for performance described in
paragraph (2) in carrying out programs under chapters 4 and
5.
``(2) Basis.--The Governor shall award the grants on the
basis that the local areas--
``(A) have exceeded the performance measures established
under subsection (c)(2) relating to indicators described in
subsection (b)(3)(A)(iii); or
``(B) have--
``(i) met the performance measures established under
subsection (c)(2) relating to indicators described in
subsection (b)(3)(A)(iii); and
``(ii) demonstrated exemplary performance in the State in
serving hard-to-serve populations.
``(3) Use of funds.--The funds awarded to a local area
under this subsection may be used to carry out activities
authorized for local areas and such innovative projects or
programs that increase coordination and enhance service to
program participants, particularly hard-to-serve populations,
as may be approved by the Governor.''.
(c) Incentive Grants for States.--Section 503 of the
Workforce Investment Act of 1998 (20 U.S.C. 9273) is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Timeline.--
``(A) Prior to july 1, 2006.--Prior to July 1, 2006, the
Secretary shall award a grant to each State in accordance
with the provisions of this section as this section was in
effect on July 1, 2003.
``(B) Beginning july 1, 2006.--Beginning on July 1, 2006,
the Secretary shall award incentive grants to States for
performance described in paragraph (2) in carrying out
innovative programs consistent with the programs under
chapters 4 and 5 of subtitle B of
[[Page S11218]]
title I, to implement or enhance innovative and coordinated
programs consistent with the statewide economic, workforce,
and educational interests of the State.
``(2) Basis.--The Secretary shall award the grants on the
basis that States--
``(A) have exceeded the State adjusted levels of
performance for title I, the adjusted levels of performance
for title II, and the levels of performance under the Carl D.
Perkins Vocational and Technical Education Act of 1998 (20
U.S.C. 2301 et seq.); or
``(B) have--
``(i) met the State adjusted levels of performance for
title I, the adjusted levels of performance for title II, and
the levels of performance under the Carl D. Perkins
Vocational and Technical Education Act of 1998 (20 U.S.C.
2301 et seq.); and
``(ii) demonstrated exemplary performance in serving hard-
to-serve populations.
``(3) Use of funds.--The funds awarded to a State under
this section may be used to carry out activities authorized
for States under chapters 4 and 5 of subtitle B of title I,
title II, and the Carl D. Perkins Vocational and Technical
Education Act of 1998 (20 U.S.C. 2301 et seq.), including
demonstration projects, and for such innovative projects or
programs that increase coordination and enhance service to
program participants, particularly hard-to-serve
populations.''; and
(2) in subsection (b)(2), by striking subparagraph (C) and
inserting the following:
``(C) the State meets the requirements of subparagraph (A)
or (B) of subsection (a)(2).''.
TITLE IV--FEDERAL TASK FORCE ON OLDER WORKERS
SEC. 401. FEDERAL TASK FORCE ON OLDER WORKERS.
(a) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Secretary of Labor shall
establish a Federal Task Force on Older Workers (referred to
in this Act as the ``Task Force'').
(b) Membership.--The Task Force established pursuant to
subsection (a) shall be composed of representatives from all
relevant Federal agencies that have regulatory jurisdiction
over, or a clear policy interest in, issues relating to older
workers, including the Internal Revenue Service, the Social
Security Administration, the Equal Employment Opportunity
Commission, and the Administration on Aging of the Department
of Health and Human Services.
(c) Activities.--
(1) After one year.--Not later than 1 year after the date
of establishment of the Task Force, the Task Force shall--
(A) identify statutory and regulatory provisions in current
law that tend to limit opportunities for older workers, and
develop legislative and regulatory proposals to address such
limitations;
(B) identify best practices in the private sector for
hiring and retaining older workers, and serve as a
clearinghouse of such information; and
(C) assess the effectiveness and cost of programs that
Federal agencies have implemented to hire and retain older
workers (including the Senior Environmental Employment (SEE)
Program of the Environmental Protection Agency), and
recommend cost-effective programs for all Federal agencies to
hire and retain older workers.
(2) After three years.--Not later than 3 years after the
date of establishment of the Task Force, the Task Force
shall--
(A) assess the effectiveness of the provisions of this Act;
and
(B) organize a Conference on the Aging Workforce, which
shall include the participation of senior, business, labor,
and other interested organizations.
(3) Report.--The Task Force shall submit a report to
Congress on the activities of the Task Force pursuant to
paragraph (1). Such report shall be made available to the
public.
(d) Consultation.--In carrying out activities pursuant to
this section, the Task Force shall consult with senior,
business, labor, and other interested organizations.
(e) Applicability of FACA; Termination of Task Force.--
(1) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Task Force established pursuant
to this Act.
(2) Termination.--The Task Force shall terminate 30 days
after the date the Task Force completes all of its duties
under this Act.
____
Interfaith,
Milwaukee, WI, September 29, 2005.
Hon. Herb Kohl,
U.S. Senate, Hart Senate Office Building, Washington, DC.
Dear Senator Kohl: It is a privilege to support Senator
Kohl's proposed ``Older Worker Opportunity Act of 2005.'' As
an agency that has been providing employment services to
older workers for over 25 years, Interfaith Older Adult
Programs has first hand knowledge of the value of retaining
older workers in the workplace. As stated in the Act, our
country is facing a great labor shortage. Terry Ludeman,
Chief Economist for the State of Wisconsin, has estimated
that in our State by 2017 there will not be enough 18-year-
olds to replace workers turning 65.
The proposed tax credit would provide incentive to
encourage employers to offer more flexibility in the
workplace and encourage support for older individuals who
want to stay in the workforce longer. It will also allow
work/life balance that is a very important value to
individuals as they age.
Extended COBRA coverage would also be a great encouragement
to mature workers wanting to cut back but not leave the
workforce. Providing the extended COBRA might be just the
incentive a 62-year-old needs to continue working part time.
The extended COBRA could help employers and older workers
transition gradually to full retirement at a later age.
A tax credit for eldercare would be a wonderful benefit to
seniors that are balancing the responsibilities of work and
taking care of a non-dependent individual with significant
health issues. Employers will benefit from having employees
that are more productive because they are worrying less about
family responsibilities of direct caregiving.
Interfaith strongly supports the creation of a separate set
of performance measures for the older worker under the
Workforce Investment Act. Statistically, mature workers stay
with an employer longer than their younger co-workers, take
fewer sick days, and are less likely to have an on the job
injury. This results in increased productivity and decreased
cost to employers. Retention outcomes should actually be
enhanced because of the older workers' work ethic, the pride
they take in their work and their loyalty to their employer.
We are faced with the unique opportunity to expand the use
of the Senior Community Service Employment Program (SCSEP)
through a strong attachment to the Older Worker Opportunity
Act.
A Federal Task Force on Older Workers could be very
helpful, especially one that would include private sector
employers, governmental agencies, older worker service
providers and older workers themselves.
Sincerely,
Carol Eschner,
Executive Director.
Patricia Delmenhorst,
Employment Services Director.
____
Goodwill Industries
of Southeastern Wisconsin, Inc.,
Milwaukee, WI, September 29, 2005.
Hon. Herb Kohl,
U.S. Senate
Washington, DC.
Dear Senator Kohl: Goodwill Industries of Southeastern
Wisconsin, Inc. (Goodwill) is pleased to support your Older
Workers Act of 2005.
As you may know, Goodwill has a long history of supporting
and promoting older workers. Our designation as an ``Elder
Friendly Workplace'' with the Wisconsin Department of
Workforce Development, demonstrates our commitment to this
remarkable group of workers.
Goodwill, as a leader in the area of workforce development
and training, recognizes that the nation's workforce is about
to experience a major change. As the ``boomers'' move closer
to retirement, employers across the nation will need to find
creative ways to keep these individuals engaged. Your
proposed legislation offers many viable solutions that would
encourage both employers and older workers to continue their
relationship well past the customary retirement age.
Thank you for recognizing and supporting the tremendous
value of the older worker. Goodwill is pleased to support you
in this effort.
Sincerely,
John L. Miller,
President and C.E.O.
____
AgeAdvantAge, Inc.,
Madison, WI, October 1, 2005.
Hon. Herb Kohl,
U.S. Senate, Hart Senate Office Building, Washington, DC.
Dear Senator Kohl: AgeAdvantAge, Inc. would like to extend
our full support of your proposed legislation; The Older
Worker Opportunity Act of 2005.
AgeAdvantAge is an Area Agency on Aging overseeing the
provision of services funded by the Older Americans Act (OAA)
throughout southern and western Wisconsin. We welcome any
effort to improve the lives of older people, be it through
expansion of aging services, or the opportunity for those we
serve to achieve economic self-sufficiency through
employment.
We recognize with a rapidly aging population, efforts must
be made to keep America's older workers on the job. The
potential loss of workers, as Baby Boomers begin to retire,
has frightening implications for business, government and the
economy.
Keeping older workers employed is crucial to keeping
America strong and competitive in the global market.
Demographics show the older worker is the workforce of the
future, and we believe the experience, work ethic and
dedication to quality of the older worker, will have a
positive impact on business.
Government also needs older workers to remain employed and
contributing to the tax base, rather than become consumers of
public benefits and services. As an example, an older worker
who remains employed may also delay drawing Social Security
benefits, while at the same time continuing to contribute to
the fund through payroll withholdings.
We also know that older people who remain active, both
physically and mentally, live longer and healthier lives.
Healthier individuals are in less need of publicly funded
health care services. Older people who are employed are also
less likely to need assistance from other social service
programs such
[[Page S11219]]
as meal programs, food pantries, subsidized housing, food
stamps, and energy assistance.
These programs are already faced with rising demand and
shrinking budgets, and extending employment for older
Americans can help delay, or at least reduce, the need for
these services.
With the many benefits of keeping the older worker employed
in mind, we would like to address each of the five key points
of your proposal;
Employer Tax Credits
The Baby Boom generation will have a significant impact on
both the workforce and the workplace as they continue to age.
Employers will need to accommodate the unique needs of this
cohort, with a key issue being flexibility.
When an older worker leaves their job, they take with them
years of knowledge and experience. This sudden loss of
expertise negatively impacts an organization's productivity,
and therefore their bottom line. To prevent this, older
workers need to be offered incentives to remain in their
jobs.
Employers need to consider such concepts as flex time, job
sharing, compressed work weeks, telecommuting, part-time
employment with pro-rated benefits, and phased retirement.
Many of these new work modes can be implemented at little or
no cost to the employer. All of them will benefit the
employer through a skilled, experienced, and stable
workforce.
Using tax credits as an incentive to employers may bring
about change, if the credit is attractive, and comes with
minimal paperwork.
As further incentive to creating an ``older worker
friendly'' workplace, the tax credit should be based on the
number of flexible options an employer offers, and employers
who hire older workers should receive additional tax credits.
Extension of COBRA Coverage
As you have noted, current COBRA law allows for only 18
months of continued coverage if group policy coverage is lost
as the result of a reduction in hours. Under many other
circumstances, coverage can be extended to 36 months.
Older workers who are no longer able to work full-time,
typically due to health reasons, often opt for early
retirement at age 62. This results in a loss of insurance
benefits, and an increased reliance on publicly funded health
care systems.
Extending COBRA coverage until age 65 may accommodate an
older worker's need for both reduced hours and insurance,
thereby delaying their need for Social Security and publicly
funded heath care.
Eldercare Tax Credit
Today, employees of any age are often times faced with
choosing between working and the needs of someone dependent
upon them for care. This is increasingly true for the older
worker.
Many older workers find they are not able to remain
productive at work because the demands of caretaking have
become so great. Often times they will leave their job to
devote their time to the care of another. At times, their
loss of productivity could result in their termination. In
either instance, their employer has lost the benefit of
their knowledge and experience, and they have lost the
many benefits of being engaged in gainful and meaningful
employment.
However, studies show older workers who receive assistance
with their caretaking responsibilities, can maintain their
productivity, and therefore remain employed. A tax credit to
help offset the cost for adult day care, in-home care or
respite, will help the older worker balance their life and
work needs.
Further, employers will increasingly be asked to provide
assistance for employees tending to the needs of another.
This legislation should consider extending the eldercare tax
credit to employers who offer adult day care subsidies or
services.
Access to The Workforce Investment Act (WIA)
As a provider of employment services to older adults, we
can attest to the fact that older job seekers are routinely
excluded from participation in programs funded by the WIA.
WIA service providers often view the older job seeker as a
potential threat to program performance, as they may only be
seeking part-time employment.
Though more than 60% of our current customers are between
the ages of 55 and 64, and seeking full-time employment with
benefits, a separate set of performance measures for older
job seekers, may alleviate WIA provider's fears, and result
in improved access to WIA services.
Performance measures in the WIA, particularly those
regarding full-time employment and earnings increase, need to
be modified for an older job seeker. Placement into
employment, whether full- or part-time, should be considered
a positive outcome, and the earnings increase measure should
be removed altogether.
This legislation should also consider an often overlooked
employment and training program serving older job seekers,
the Senior Community Service Employment Program (SCSEP). The
SCSEP is funded under Title V of the Older Americans Act of
1965 (OAA). Administered jointly by the Administration on
Aging (AoA) and the Department of Labor (DOL), this unique
program provides a lower-income, older adult with the
opportunity to learn new skills, and build the experience
necessary to transition into employment.
The SCSEP is unique from all other employment and training
programs in many respects. It serves only those aged 55 or
older. It provides paid training, intensive case management,
and supportive services to all eligible individuals. And,
training activities result in services that benefit the
general welfare of the community.
The SCSEP is also unique in that it takes a ``whole
person'' approach in providing assistance. As a SCSEP
operator. we understand that an older person often times has
needs other than, or in addition to, employment. Being
part of the aging network, we are able to link our
customers with the programs and services they need to
address non-employment issues.
Over the past decade, the SCSEP has experienced a shift in
the balance between aging services and employment services.
The AoA has admittedly distanced itself from administration
of the program, effectively yielding its authority to the
DOL. As a result, less value is placed on the community
service aspects of the program, the connection to the aging
network and aging services is almost nonexistent, and the
program has actually become less accessible to older job
seekers.
With the upcoming reauthorization of the Older Americans
Act, perhaps now is an opportune time to revisit the intended
purpose of the SCSEP and explore ways to strengthen its
services and expand its use. Because it is unique from other
programs funded under the OAA, and equally unique from the
WIA, perhaps the SCSEP is better placed among the unique
concepts described in the Older Worker Opportunity Act of
2005.
Task Force on Older Workers
Finally, the creation of a task force to address the on-
going needs of the aging workforce will be vital in assisting
business and government in implementing the changes necessary
to keep older workers working.
A task force comprised not only of governmental units, but
also of business, service providers, and older workers
themselves, will prove a great asset as we face the
challenges and opportunities presented by an aging workforce,
and the need to keep them employed.
Senator Kohl, thank you for the opportunity to comment on,
and support The Older Worker Opportunity Act of 2005. We also
thank you for your support of the older worker as is
evidenced in this progressive and forward-thinking proposal.
If we can be of any further assistance, please do not
hesitate to call.
Sincerely,
Robert Kellerman,
Executive Director.
Michael Krauss,
Older Worker Program Coordinator.
____
Committee for Economic
Development,
Washington, DC, September 28, 2005.
Hon. Herb Kohl,
U.S. Senate, Hart Senate Office Building, Washington, DC.
Dear Senator Kohl: on behalf of the Committee for Economic
Development (CED), I commend you for your leadership in
addressing issues related to the aging of the American
workforce with your bill, the Older Worker Opportunity Act.
CED stated several years ago that expanding opportunities
for older workers would be crucial to continued prosperity.
Our 1999 policy statement, ``New Opportunities for Older
Workers,'' argued that demographic change would reduce the
growth of our labor force well below current rates, absent
significant changes in behavior and policy. We noted that
many workers retire totally and abruptly because they have no
viable option to continue working, perhaps at reduced hours
that would be more suitable and would provide a phased
beginning to retirement. We urged that the business sector
and the federal government change perceptions and attitudes,
and where necessary laws and rules, to make it easier and
more attractive for older workers to achieve a gradual rather
than an immediate retirement.
We are gratified to see that your bill would address many
of the problems that we identified in our 1999 statement. We
believe that your recommended changes in law would allow
workers to phase into retirement without the financial
penalties, in retirement income and health coverage, that now
can force people into unwilling retirement. With such an
improved incentive to work, our economy might suffer less of
a loss of labor-force growth, and might make the transition
to the retirement of the baby-boom generation more easily.
We appreciate your efforts on this important issue, and
stand ready to help in building public understanding of the
vital and growing role of older workers.
Sincerely,
Charles E.M. Kolb,
President.
______
By Mr. DeMINT (for himself, Mr. Durbin, and Mr. Cornyn):
S. 1827. A bill to amend the Public Health Service Act to provide for
the public disclosure of charges for certain hospital services and
drugs; to the Committee on Health, Education, Labor, and Pensions.
Mr. DeMINT. Mr. President, I rise today to offer a bill that would
require hospitals to disclose their charges for the most common
procedures and drugs.
[[Page S11220]]
This bill recognizes that consumers seeking routine hospital services
need to know what they are paying so they can make educated decisions
about their own health care. This legislation aims to give Americans
that information in a user friendly format.
Specifically, the bill would require hospitals to regularly report to
the Secretary of U.S. Department of Health and Human Services the
amount they charge for the 25 most commonly performed inpatient
procedures, the 25 most common outpatient procedures, and the 50 most
frequently administered medications. The Department would then post
this information on the Internet for easy access.
Under the current system, patients often have no idea what they will
be charged until they receive a bill. This is a problem because
hospital charges vary significantly based on facility and procedure.
Some hospitals charge one-hundred and twenty dollars for a chest x-ray
while others charge more than fifteen hundred. Uninsured patients and
those who pay with cash are often surprised with unexpected hospital
charges because there is no way for them to know what they will be
charged up front.
No other industry expects consumers to commit to buying before they
know the true cost. Patients should have access to price information
before they commit to a procedure.
This bipartisan bill is good for the uninsured and for consumer
driven healthcare. Individuals cannot be expected to get comfortable
making their own health care decisions unless they know how much they
will be expected to pay for different services.
I am grateful to Senators Richard Durbin and John Cornyn for joining
me as original cosponsors of this bi-partisan legislation. I am also
pleased that Representatives Bob Inglis and Dan Lipinski have
introduced companion legislation in the House. They recognize that
information is power, and this bill is an important step in empowering
Americans with the tools to be smart consumers. I urge my Senate
colleagues to support this bill.
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. 1827
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 ``Hospital Price Reporting and
Disclosure Act of 2005''.
SEC. 2. PUBLIC DISCLOSURE OF HOSPITAL DATA.
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 new section:
``DATA REPORTING BY HOSPITALS AND PUBLIC POSTING
``Sec. 249. (a) Semiannual Reporting Requirement.--Not
later than 80 days after the end of each semiannual period
beginning January 1 or July 1 (beginning more than one year
after the date of the enactment of this section), a hospital
shall report to the Secretary the following data:
``(1) The frequency with which the hospital performed each
service selected under subparagraph (A) or (B) of subsection
(c)(1) in an inpatient or outpatient setting, respectively,
during such period.
``(2) The frequency with which the hospital administered a
drug selected under subparagraph (C) of such subsection in an
inpatient setting during such period.
``(3) If the service was so performed or the drug was so
administered during such period, the average charge and the
medium charge by the hospital for such service or drug during
such period.
``(b) Public Availability of Data.--
``(1) Public posting of data.--The Secretary shall promptly
post, on the official public Internet site of the Department
of Health and Human Services, the data reported under
subsection (a). Such data shall be set forth in a manner that
promotes charge comparison among hospitals.
``(2) Notice of availability.--A hospital shall prominently
post at each admission site of the hospital a notice of the
availability of the data reported under subsection (a) on the
official public Internet site under paragraph (1).
``(c) Selection of Services and Drugs.--For purposes of
this section:
``(1) Initial selection.--Based on national data, the
Secretary shall select the following:
``(A) The 25 most frequently performed services in a
hospital inpatient setting.
``(B) The 25 most frequently performed services in a
hospital outpatient setting.
``(C) The 50 most frequently administered drugs in a
hospital inpatient setting.
``(2) Updating selection.--The Secretary shall periodically
update the services and drugs selected under paragraph (1).
``(d) Civil Money Penalty.--The Secretary may impose a
civil money penalty of not more than $10,000 for each knowing
violation of subsection (a) or (b)(2) by a hospital. The
provisions of subsection (i)(2) of section 351A shall apply
with respect to civil money penalties under this subsection
in the same manner as such provisions apply to civil money
penalties under subsection (i)(1) of such section.
``(e) Administrative Provisions.--
``(1) In general.--The Secretary shall prescribe such
regulations and issue such guidelines as may be required to
carry out this section.
``(2) Classification of services.--The regulations and
guidelines under paragraph (1) shall include rules on the
classification of different services and the assignment of
items and procedures to those services (including inpatient
diagnostic related groups (DRGs), outpatient procedures, and
tests) and classification of drugs. For purposes of the
preceding sentence, classification of drugs may include unit,
strength, and dosage information.
``(3) Computation of average and median charges.--
``(A) In general.--The regulations and guidelines under
paragraph (1) shall include a methodology for computing an
average charge and a median charge for a service or drug, in
accordance with subparagraph (B).
``(B) Methodology.--The methodology prescribed by the
Secretary under subparagraph (A) shall ensure that the
average charge and the median charge for a service or drug
reflect the amount charged before any adjustment based on a
rate negotiated with a third party.
``(4) Form of report and notice.--The regulations and
guidelines under paragraph (1) shall specify the electronic
form and manner by which a hospital shall report data under
subsection (a) and the form for posting of notices under
subsection (b)(2).
``(f) Rules of Construction.--
``(1) Non-preemption of state laws.--Nothing in this
section shall be construed as preempting or otherwise
affecting any provision of State law relating to the
disclosure of charges or other information for a hospital.
``(2) Charges.--Nothing in this section shall be construed
to regulate or set hospital charges.
``(g) Definitions.--For purposes of this section:
``(1) Hospital.--The term `hospital' has the meaning given
such term by the Secretary.
``(2) Drug.--The term `drug' includes a biological and a
non-prescription drug, such as an ointment.''.
______
By Mrs. CLINTON (for herself and Mr. Roberts):
S. 1828. A bill to amend the Public Health Service Act to improve and
secure an adequate supply of influenza vaccine; to the Committee on
Health, Education, Labor, and Pensions.
Mrs. Clinton. Mr. President, today, I am pleased to introduce the
Influenza Vaccine Security Act with Senator Roberts.
In recent months, our public health professionals have been sounding
the alarm about the increasing incidence of avian influenza. Since
December 2004, 70 cases of avian influenza have been confirmed in
Indonesia, Vietnam, Thailand and Cambodia--and 27 of these cases have
been fatal. In countries across Asia and Europe, farmers have been
culling their poultry stocks because of fears of infection.
Various agencies--from the Department of State to the Department of
Health and Human Services--have begun to mobilize in preparation for
when--not if, but when--avian influenza hits our shores.
What is particularly worrisome to me, when thinking about our
Nation's ability to face the threat posed by pandemic or avian
influenza, is the fact that we aren't even prepared to deal with the
seasonal influenza epidemic that we face every year.
Last fall, we witnessed senior citizens lining up for hours to obtain
flu vaccine, unscrupulous distributors attempting to sell scarce
vaccine to the highest bidder, and millions of Americans delaying or
deferring necessary flu shots.
This wasn't the first time that our vaccine production and
distribution system has failed. Since 2000, our Nation has experienced
three shortages of influenza vaccine.
Fortunately, we had a relatively mild influenza season this past
year, but we cannot count on such luck to save us every time we have a
flu vaccine shortage.
Approximately 36,000 Americans die of the flu each year, and these
deaths are largely preventable--we could stop them if we increased
immunizations, if we had a secure vaccine market, and if we made sure
that everyone understood the importance of vaccines.
[[Page S11221]]
For several years now, I've been asking the Secretary of Health and
Human Services to undertake reforms to fix our flu vaccine supply
problems, and the legislation I'm introducing with Senator Roberts
today provides a mechanism through which we can develop a stable supply
and distribution system for our seasonal flu vaccine.
There is a great deal of risk involved with developing an annual flu
vaccine. Because the dominant strain changes from year to year,
manufacturers must develop doses on an annual basis, without being able
to store or resell any excess vaccine the following year. There's also
no steady demand for a flu vaccine, largely because shortages have
confused so many of us as to when we should or shouldn't get
vaccinated.
This legislation will help create a stable flu vaccine market for
manufacturers by increasing coordination between the public and private
sectors, so that we can set targets and procedures for dealing with
both shortages and surpluses before they hit.
Stabilizing the vaccine market will also require increasing demand
for vaccination. This bill increases the funding for the CDC's
educational initiatives, and sets up grants through which State and
local health departments, in collaboration with health care
institutions, insurance companies, and patient groups, can increase
vaccination rates among all Americans, but, in particular, priority
populations.
Another major problem with our national influenza supply mechanisms
is that we rely on production methods that haven't kept pace with our
other biomedical advances. In order to make a vaccine, strains of
influenza virus are cultivated in chicken eggs, a non-sterile
environment. Many of the contamination problems we have seen with
vaccine result when problems arise in this cultivation process.
Although we've got to rely on this technology for the time being, we
need to increase research into safer, faster, and more reliable methods
of vaccine production. This legislation would provide the National
Institutes of Health with increased funding for research into
alternative forms of vaccine development.
Of course, vaccine does us no good if it can't get to the people who
need it, and in last season's epidemic, we had problems matching
existing stocks of vaccine to the high priority populations, like
senior citizens, who were in need of vaccine. It took weeks before we
could determine how much vaccine was actually in communities, and where
it was needed. We wasted lots of time and resources--valuable public
health resources--in trying to track this vaccine.
This bill sets up a tracking system through which the CDC and State
and local health departments can share the information they need to
ensure that high priority populations in all parts of the country will
have access to vaccine.
Improving our system for vaccine manufacture and distribution will
not only help us in the event of a pandemic, but will help us every
winter when senior citizens, children, and chronically ill individuals
need to get a flu shot to protect them from the virus.
I hope that the legislation Senator Roberts and I are introducing
today will call attention to the immediate needs of our priority
populations, and I look forward to working with our colleagues in the
Senate on both seasonal and pandemic prevention initiatives.
Mr. ROBERTS. Mr. President, I am pleased to be introducing the
Influenza Vaccine Security Act with Senator Clinton today because I
believe this legislation is critical to strengthening our public health
preparedness here in the U.S. The experiences of the flu vaccine
shortage last year made us all aware that our system needs improvement.
This legislation takes a comprehensive approach to addressing the root
causes of seasonal flu vaccine shortages by creating stability in the
U.S. vaccine market.
Our legislation requires the Department of Health and Human Services
to set annual production targets for the flu vaccine, to stockpile up
to 10 percent of the vaccine each year in the event of a shortage, and
to create a vaccine buyback program to provide market guarantees for
our vaccine manufacturers. This legislation also provides a much-needed
framework for public health officials to track vaccines and provides
increased education and outreach about getting an annual flu vaccine.
I now want to turn to some of the provisions in this legislation that
deal with an issue I believe deserves our utmost attention: pandemic
influenza. I think we can agree that we all learned a good lesson from
Hurricane Katrina: government at all levels must be prepared to deal
with a large-scale public health emergency. Unfortunately, our
government is not currently not prepared to deal with pandemic
influenza. Our legislation seeks to address this by strengthening the
underlying public health infrastructure to heighten our ability to
respond to both seasonal and pandemic flu.
As Chairman of the Senate Intelligence Committee and a member of both
the Senate Agriculture Committee and Senate Health, Education, Labor
and Pensions (HELP), I take the threat of an influenza pandemic very
seriously. I view it as not only a public health concern, but a
national security concern. The timing for a large-scale worldwide
influenza outbreak is ripe. Many experts believe the next flu pandemic
will come in the form of avian flu.
Unlike the seasonal flu, humans have no natural immunity to avian
flu. A routine flu shot for more common influenza viruses won't protect
against the deadly avian flu. The Department of Health and Human
Services is working with vaccine manufacturers to develop a vaccine,
but it is unclear when and how many doses will be ready.
Other than a vaccine, the only defense against a new flu strain such
as avian flu is an antiviral medication such as Tamiflu. Currently, the
United States currently only has enough pills to treat less than one
percent, or about 2.3 million people.
This is why experts believe the effects of avian flu in the U.S. and
around the world could be devastating. Some have predicted the loss of
life could reach as high as 160-200 million. A pandemic might infect a
third of the U.S. population and cost more than $100 billion alone in
medical treatments. A pandemic of this sort could also have
catastrophic economic or social effects.
It is for these reasons I am pleased our legislation addresses some
of the underlying public health infrastructure concerns that can help
us effectively respond to pandemic flu. Our vaccine industry here in
the U.S. is extremely fragile and our manufacturers need the necessary
tools to effectively produce and deliver vaccines in the event of
either seasonal or pandemic flu. First and foremost, our legislation
ensures vaccine manufacturers and health care providers are not held
liable in the event of a public health emergency involving pandemic
influenza. Without this necessary liability protection, the ability to
develop or deliver a vaccine during an outbreak could be significantly
hampered.
Our legislation also encourages improved technologies for influenza
vaccine development by providing additional funding for NIH research
into alternative methods of vaccine development, such as cell-based
cultures and a permanent flu vaccine. Currently, flu vaccine production
is a strenuous process and takes several months, leaving us extremely
vulnerable in the event of a large-scale outbreak and a subsequent need
for a mass production of vaccines.
Our legislation encourages more companies to enter the U.S. market
with domestic-based production facilities and to improve the ability of
the current manufacturers to remain in the market. Manufacturers
currently do not have the capacity to simultaneously produce enough flu
vaccine for seasonal flu and an avian flu vaccine in the event of an
outbreak. We must assist our manufacturers in increasing production
capacity.
Aside from vaccines, our legislation also requires the government to
purchase and store additional antiviral medications, such as Tamiflu,
to protect against an influenza epidemic.
Finally, our legislation provides a framework to identify public
health professionals that can provide services in the event of a public
health emergency through the use of a medical personnel registry linked
at the Federal, State and local levels.
[[Page S11222]]
I am pleased to introduce the Influenza Vaccine Security Act with
Senator Clinton today. We need to fix our seasonal flu vaccine
production and distribution problems not only to prevent future
shortages, but also to strengthen our public health infrastructure in
case of pandemic.
As Senator Clinton knows, the HELP Committee will soon be considering
legislation to develop countermeasures to protect the U.S. from
deliberate and natural public health threats. This legislation, known
as Bioshield II, will present a great opportunity to build on the first
steps we take in this legislation to protect against pandemic flu. I
look forward to working with Senator Clinton and my other colleagues on
the committee to deliver a comprehensive package to ensure we are
prepared and can respond to all types of public health threats.
______
By Mr. DOMENICI (for himself and Mr. Bingaman) (by request):
S. 1829. A bill to repeal certain sections of the Act of May 26,
1936, pertaining to the Virgin Islands; to the Committee on Energy and
Natural Resources.
______
By Mr. DOMENICI (for himself, Mr. Bingaman, and Mr. Akaka) (by
request):
S. 1830. A bill to amend the Compact of Free Association Amendments
Act of 2003, and for other purposes; to the Committee on Energy and
Natural Resources.
______
By Mr. DOMENICI (for himself and Mr. Bingaman) (by request):
S. 1831. A bill to convey certain submerged land to the Commonwealth
of the Northern Mariana Islands, and for other purposes; to the
Committee on Energy and Natural Resources.
Mr. DOMENICI. Mr. President, today I join my colleague, the Ranking
member of the Committee on Energy and Natural Resources, Senator
Bingaman, in introducing three bills, by request, to make necessary
changes to law regarding the U.S.-affiliated islands.
Briefly, the bills include: First, legislation requested by the
Attorney General of the Commonwealth of the Northern Mariana Islands
(CNMI). This bill accomplishes two objectives--to provide the
Commonwealth with the same ownership and jurisdiction over offshore
submerged lands as has been provided to other United States territories
and to provide a less formal mechanism for the Governor of the CNMI to
raise issues with the Federal Government than the procedures under
section 902 of the Covenant that established the Commonwealth in
political union with the United States.
The legislation also provides a general authorization for the
Commonwealth to raise issues arising under provisions of the Covenant
with the Secretary and for the Secretary to resolve those issues with
assistance from other agencies as appropriate. This would provide a
less formal approach than the more elaborate procedures for issue
resolution set forth under section 902 of the Covenant which require,
among other items, the formal appointment of negotiators. Section 902
is unique to the Commonwealth and legislative approval of a less formal
approach may serve to improve Federal-commonwealth relations and the
ability of both sides to reach agreements. As with the submerged lands
issue, further legislation may be required, but such legislation will
likely be easier to achieve if both sides are not either tied up in the
processes of 902 or at opposite sides in court.
The second bill, requested by the House Delegate from the United
States Virgin Islands, Representative Donna M. Christensen, came as a
result of Federal court rulings which invalidated many of the Real
Property tax provisions of the Virgin Islands Code. The bill would
repeal sections l401-l401e of Title 48, of the United States Code to
provide the Government of the United States Virgin Islands the ability
to fully regulate real property tax matters in the territory.
Finally, the last bill would make several changes to the Compact of
Free Association Amendments Act (CFAAA) of 2003 P.L. 108-188, which was
enacted in December, 2003. Because of the 2003 deadline on the term of
the original Compact assistance, several issues were left unresolved.
One of these unresolved issues was whether the Republic of the Marshall
Islands (RMI) and the Federated States of Micronesia (FSM) would
continue to receive disaster assistance from FEMA. Since the passage of
P.L. 108-188, the Administration has transmitted language to Congress
that would provide authority for the RMI and FSM to obtain disaster
assistance. In addition to this new authority, the bill makes several
technical changes to P.L. 108-188
I look forward to working with my colleagues, the Administration, and
officials from the RMI, FSM, and the U.S. Virgin Islands to move these
bills through the process.
I ask unanimous consent that the text of the bills, be printed in the
Record.
There being no objection, the bills were ordered to be printed in the
Record, as follows:
S. 1829
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REPEAL OF CERTAIN LAWS PERTAINING TO THE VIRGIN
ISLANDS.
(a) Repeal.--Sections 1 through 6 of the Act of May 26,
1936 (48 U.S.C. 1401 et seq.), are repealed.
(b) Effective Date.--The amendment made by this section
takes effect on July 22, 1954.
S. 1830
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 ``Compacts of Free Association
Amendments Act of 2005''.
SEC. 2. APPROVAL OF AGREEMENTS.
Section 101 of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921) is amended--
(1) in the first sentence of subsection (a), by inserting
before the period at the end the following: ``, including
Article X of the Federal Programs and Services Agreement
Between the Government of the United States and the
Government of the Federated States of Micronesia, as amended
under the Agreement to Amend Article X that was signed by
those 2 Governments on June 30, 2004, which shall serve as
the authority to implement the provisions thereof''; and
(2) in the first sentence of subsection (b), by inserting
before the period at the end the following: ``, including
Article X of the Federal Programs and Services Agreement
Between the Government of the United States and the
Government of the Republic of the Marshall Islands, as
amended under the Agreement to Amend Article X that was
signed by those 2 Governments on June 18, 2004, which shall
serve as the authority to implement the provisions thereof''.
SEC. 3. CONFORMING AMENDMENT.
Section 105(f)(1) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)) is amended by
striking subparagraph (A) and inserting the following:
``(A) Emergency and disaster assistance.--
``(i) In general.--Subject to clause (ii), section
221(a)(6) of the U.S.-FSM Compact and section 221(a)(5) of
the U.S.-RMI Compact shall each be construed and applied in
accordance with the 2 Agreements to Amend Article X of the
Federal Programs and Service Agreements signed on June 30,
2004, and on June 18, 2004, respectively.
``(ii) Definition of will provide funding.--In the second
sentence of paragraph 12 of each of the Agreements described
in clause (i), the term `will provide funding' means will
provide funding through a transfer of funds using Standard
Form 1151 or a similar document or through an interagency,
reimbursable agreement.''.
SEC. 4. CLARIFICATIONS REGARDING PALAU.
Section 105(f)(1)(B) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is
amended--
(1) in clause (ii)(II), by striking ``and its territories''
and inserting ``, its territories, and the Republic of
Palau'';
(2) in clause (iii), by striking ``, or the Republic of the
Marshall Islands'' and inserting ``, the Republic of the
Marshall Islands, or the Republic of Palau''; and
(3) in clause (ix)--
(A) by striking ``Republic'' both places it appears and
inserting ``government, institutions, and people''; and
(B) by striking ``was'' and inserting ``were''.
SEC. 5. AVAILABILITY OF LEGAL SERVICES.
Section 105(f)(1)(C) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(C)) is amended
by inserting before the period at the end the following: ``,
which shall also continue to be available to the citizens of
the Federated States of Micronesia, the Republic of Palau,
and the Republic of the Marshall Islands who reside in the
United States (including territories and possessions)''.
SEC. 6. TECHNICAL AMENDMENTS.
(a) Title I.--
(1) Section 177 agreement.--Section 103(c)(1) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921b(c)(1)) is amended by striking ``section 177'' and
inserting ``Section 177''.
(2) Interpretation and united states policy.--Section 104
of the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921c) is amended--
[[Page S11223]]
(A) in subsection (b)(1), by inserting ``the'' before
``U.S.-RMI Compact,'';
(B) in subsection (e)--
(i) in the matter preceding subparagraph (A) of paragraph
(8) , by striking ``to include'' and inserting ``and
include'';
(ii) in paragraph (9)(A), by inserting a comma after
``may''; and
(iii) in paragraph (10), by striking ``related to service''
and inserting ``related to such services''; and
(C) in the first sentence of subsection (j), by inserting
``the'' before ``Interior''.
(3) Supplemental provisions.--Section 105(b)(1) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921d(b)(1)) is amended by striking ``Trust Fund'' and
inserting ``Trust Funds''.
(b) Title II.--
(1) U.S.-FSM compact.--The Compact of Free Association, as
amended, between the Government of the United States of
America and the Government of the Federated States of
Micronesia (as provided in section 201(a) of the Compact of
Free Association Amendments Act of 2003 (117 Stat. 2757)) is
amended--
(A) in section 174--
(i) in subsection (a), by striking ``courts'' and inserting
``court''; and
(ii) in subsection (b)(2), by striking ``the'' before
``November'';
(B) in section 177(a), by striking ``, or Palau'' and
inserting ``(or Palau)'';
(C) in section 179(b), strike ``amended Compact'' and
inserting ``Compact, as amended,'';
(D) in section 211--
(i) in the fifth sentence of subsection (a), by striking
``Trust Fund Agreement,'' and inserting ``Agreement Between
the Government of the United States of America and the
Government of the Federated States of Micronesia Implementing
Section 215 and Section 216 of the Compact, as Amended,
Regarding a Trust Fund (Trust Fund Agreement),'';
(ii) in subsection (b)--
(I) in the first sentence, by striking ``Government of
the'' before ``Federated''; and
(II) in the second sentence, by striking ``Sections 321 and
323 of the Compact'' and inserting ``Sections 211(b), 321,
and 323. The Compact, as amended,''; and
(iii) in the last sentence of subsection (d), by inserting
before the period at the end the following: ``and the Federal
Programs and Services Agreement referred to in section 231'';
(E) in the first sentence of section 215(b), by striking
``subsection(a)'' and inserting ``subsection (a)'';
(F) in section 221--
(i) in subsection (a)(6), by inserting ``(Federal Emergency
Management Agency)'' after ``Homeland Security''; and
(ii) in the first sentence of subsection (c), by striking
``agreements'' and inserting ``agreement'';
(G) in the second sentence of section 222, by inserting
``in'' after ``referred to'';
(H) in the second sentence of the first undesignated
paragraph of section 232, by striking ``sections 102 (c)''
and all that follows through ``January 14, 1986)'' and
inserting ``section 102(b) of Public Law 108-188, 117 Stat.
2726, December 17, 2003'';
(I) in the second sentence of section 252, by inserting ``,
as amended,'' after ``Compact'';
(J) in the first sentence of the first undesignated
paragraph of section 341, by striking ``Section 141'' and
inserting ``section 141'';
(K) in section 342--
(i) in subsection (a), by striking ``14 U.S.C. 195'' and
inserting ``section 195 of title 14, United States Code'';
and
(ii) in subsection (b)--
(I) by striking ``46 U.S.C. 1295(b)(6)'' and inserting
``section 1303(b)(6) of the Merchant Marine Act, 1936 (46
U.S.C. 1295b(b)(6))''; and
(II) by striking ``46 U.S.C. 1295b(b)(6)(C)'' and inserting
``section 1303(b)(6)(C) of that Act'';
(L) in the third sentence of section 354(a), by striking
``section 442 and 452'' and inserting ``sections 442 and
452'';
(M) in section 461(h), by striking ``Telecommunications''
and inserting ``Telecommunication'';
(N) in section 462(b)(4), by striking ``of Free
Association'' the second place it appears; and
(O) in section 463(b), by striking ``Articles IV'' and
inserting ``Article IV''.
(2) U.S.-RMI compact.--The Compact of Free Association, as
amended, between the Government of the United States of
America and the Government of the Republic of the Marshall
Islands (as provided in section 201(b) of the Compact of Free
Association Amendments Act of 2003 (117 Stat. 2795)) is
amended--
(A) in section 174(a), by striking ``court'' and inserting
``courts'';
(B) in section 177(a), by striking the comma before ``(or
Palau)'';
(C) in section 179(b), by striking ``amended Compact,'' and
inserting ``Compact, as amended,'';
(D) in section 211--
(i) in the first sentence of subsection (b), by striking
``Agreement between the Government of the United States and
the Government of the Republic of the Marshall Islands
Regarding Miliary Use and Operating Rights'' and inserting
``Agreement Regarding the Military Use and Operating Rights
of the Government of the United States in the Republic of the
Marshall Islands concluded Pursuant to Sections 321 and 323
of the Compact of Free Association, as Amended (Agreement
between the Government of the United States and the
Government of the Republic of the Marshall Islands Regarding
Military Use and Operating Rights)''; and
(ii) in the last sentence of subsection (e), by inserting
before the period at the end the following: ``and the Federal
Programs and Services Agreement referred to in section 231'';
(E) in section 221(a)--
(i) in the matter preceding paragraph (1), by striking
``Section 231'' and inserting ``section 231''; and
(ii) in paragraph (5), by inserting ``(Federal Emergency
Management Agency)'' after ``Homeland Security'';
(F) in the second sentence of section 232, by striking
``sections 103(m)'' and all that follows through ``(January
14, 1986)'' and inserting ``section 103(k) of Public Law 108-
188, 117 Stat. 2734, December 17, 2003'';
(G) in the first sentence of section 341, by striking
``Section 141'' and inserting ``section 141'';
(H) in section 342--
(i) in subsection (a), by striking ``14 U.S.C. 195'' and
inserting ``section 195 of title 14, United States Code'';
and
(ii) in subsection (b)--
(I) by striking ``46 U.S.C. 1295(b)(6)'' and inserting
``section 1303(b)(6) of the Merchant Marine Act, 1936 (46
U.S.C. 1295b(b)(6))''; and
(II) by striking ``46 U.S.C. 1295b(b)(6)(C)'' and inserting
``section 1303(b)(6)(C) of that Act'';
(I) in the third sentence of section 354(a), by striking
``section 442 and 452'' and inserting ``sections 442 and
452'';
(J) in the first sentence of section 443, by inserting ``,
as amended,'' after ``the Compact'';
(K) in the matter preceding paragraph (1) of section
461(h)--
(i) by striking ``1978'' and inserting ``1998''; and
(ii) by striking ``Telecommunications'' and inserting
``Telecommunication''; and
(L) in section 463(b), by striking ``Article'' and
inserting ``Articles''.
S. 1831
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CONVEYANCE OF CERTAIN SUBMERGED LAND TO THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.
The first section of Public Law 93-435 (48 U.S.C. 1705) is
amended--
(1) in the second sentence of subsection (b), by inserting
``Commonwealth of the Northern Mariana Islands,'' after
``Guam,''; and
(2) by adding at the end the following:
``(e)(1) Subject to valid existing rights, all right,
title, and interest of the United States in land permanently
or periodically covered by tidal water up to but not above
the line of mean high tide and seaward to a line 3
geographical miles distant from the coastline of the
territory of the Commonwealth of the Northern Mariana Islands
(as modified before, on, or after the date of enactment of
this subsection by accretion, erosion, or reliction, or in
artificially made, filled in, or reclaimed land that was
formerly permanently or periodically covered by tidal water)
are conveyed to the Government of the Commonwealth of the
Northern Mariana Islands to be administered in trust for the
benefit of the people of the Commonwealth.
``(2) The conveyance shall be subject to clauses (ii),
(iv), (v), (vii), (viii), and (ix) of subsection (b) and
subsection (c), except that each reference to the `date of
enactment of this Act' in those clauses shall (for the
purposes of this subsection) be considered to be a reference
to the date of enactment of this subsection.''.
SEC. 2. AUTHORITY OF SECRETARY TO RESOLVE CERTAIN CLAIMS OF
THE COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS.
(a) In General.--On the request of the Governor of the
Commonwealth of the Northern Mariana Islands, the Secretary
of the Interior may settle any claim of the Commonwealth
arising pursuant to any provision of the Covenant to
Establish a Commonwealth of the Northern Mariana Islands in
Political Union with the United States of America, approved
by the first section of Public Law 94-241 (48 U.S.C. 1801
note).
(b) Assistance.--
(1) Request.--The Secretary may request assistance from the
head of any other Federal agency in order to expeditiously
resolve any claim described in subsection (a).
(2) Provision.--On request, the head of the Federal agency
shall provide the assistance.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary such sums as are necessary to carry out
subsection (a).
(2) Other funds.--The Secretary may also use to carry out
subsection (a) any other sums that are appropriated for the
purpose of a provision of the Covenant that is subject to a
claim by the Commonwealth.
Mr. BINGAMAN. Mr. President, today I join my colleague and the
chairman of the Committee on Energy and Natural Resources, Senator
Domenici, in introducing three bills, by request, to make necessary
changes to law regarding the U.S.-affiliated islands. As chairman and
ranking minority member of this committee, Senator Domenici and I have
a special responsibility for matters relating to our fellow U.S.
citizens who live in the territories of the United States. While the
people
[[Page S11224]]
of the territories are U.S. citizen or nationals, they lack full voting
representation in the U.S. Congress. Their problems and concerns are
just as deserving of attention as are those of U.S. citizens who live
in the 50 States, and it is the committee on Energy and Natural
Resources which has the responsibility for considering island issues
that are brought to our attention, and for making recommendations, as
appropriate, to the full Senate.
The committee is also responsible for authorization and oversight of
U.S. financial assistance to the freely associated states of the
Republic of Palau, the Federated States of Micronesia, and the Republic
of the Marshall Islands--three sovereign nations that were formerly
administered by the U.S. as districts of the United Nations Trust
Territory of the Pacific Islands. While not under U.S. sovereignty,
these nations enjoy a unique relationship with the U.S. which developed
following the Pacific battles of World War II and which continues to be
based on our mutual interest in security, democracy, and economic
development.
The first bill being introduced, the Compacts of Free Association
Amendments Act of 2005, would make several changes to the Compact of
Free Association Amendments Act, CFAAA, of 2003, (Public Law 108-188)
which was enacted in December 2003. That law continued the close
relationships that were established in 1986 between the U.S. and the
Federated States of Micronesia, FSM, and between the U.S. and the
Republic of the Marshall Islands, RMI by revising and extending U.S.
financial and program assistance until 2023. Final consensus was not
reached in 2003, however, on continuation of U.S. disaster assistance
programs and services to the FSM and RMI. Instead, section 105(f)(1)(A)
of the CFAAA directed the Secretary of State, in consultation with
FEMA, to negotiate disaster assistance agreements with the FSM and RMI,
report to Congress on the outcome of the negotiations, and make
recommendations to Congress on any necessary changes to law.
On August 19, 2004, the State Department transmitted new agreements
regarding disaster assistance to Congress along with the legislative
language needed to bring them into effect. Generally, these agreements
provide that FEMA and USAID will jointly consult on disaster damage
assessments and on disaster declaration recommendations; FEMA will
provide all disaster recovery funding consistent with past policy and
practice and transfer those funds to USAID which will then administer
all disaster response and recovery activities. In addition to approving
these new disaster assistance agreements, this bill would make several
other conforming, clarifying, and technical amendments to the CFAAA of
2003. The second bill being introduced today would convey submerged
lands, out to 3 miles, to the Commonwealth of the Northern Mariana
Islands, CNMI, and hopefully resolve a long standing dispute between
the U.S. and the CNMI over the extent of the CNMI's territorial limit.
The CNMI became a U.S. territory in 1976 pursuant to the covenant
between the U.S. and CNMI, as approved by Public Law 94-241. However,
interpretation of the covenant regarding the CNMI's territorial limit
came into dispute, and then became the subject of discussions under the
formal government-to-government consultation procedures of the
covenant. The U.S. executive branch took the position that the CNMI had
the same territorial limit as the other territories--that is 3 miles--
while the CNMI claimed a 200-mile exclusive economic zone. After
discussions deadlocked, the CNMI pursued their claim in Federal court.
Earlier this year, the Federal Appeals court upheld, in Northern
Mariana Islands v. United States, 399 F. 3d 1057, the district court
decision that the CNMI not only did not have 200-mile jurisdiction but
did not have a 3-mile limit either. Establishing Federal ownership up
to the mean high-water mark has compromised local authority to manage
activities in the near-shore areas, such as shoreline permitting
activities that are normally handled by State and local authorities.
The District Court is allowing the local government to continue to
exercise near-shore jurisdiction temporarily.
On June 6, 2005, the attorney general of the CNMI wrote to Chairman
Domenici and myself requesting that legislation be enacted to establish
a 3-mile territorial limit for the CNMI--the same distance granted the
other territories. This bill would grant the CNMI's request without
prejudice to their right to further appeal their claim, and would allow
the local government to continue management of near-shore areas.
A second provision in this bill, also requested by the attorney
general of the CNMI, would support an alternative process for the
resolution of disputes between the U.S. and the CNMI. As mentioned
above, there is an existing, but very formal, consultation process
established under the covenant which requires the President and the
Governor to designate official representatives to hold formal meetings.
These procedures have generally been ineffective because their
formality makes compromise difficult, particularly for those
representing the CNMI. This proposed provision would offer a less
formal alternative by indicating that Congress expects the Secretary of
the Interior to take initial responsibility for seeking to resolve
disputes. It would encourage the Secretary, in consultation with the
other agencies involved, to settle any claim arising under the
covenant, and it authorizes appropriations for any settlement. It would
also allow the Secretary to use other funds that may have been
appropriated under the covenant for the settlement of a dispute, if
agreed to by the CNMI. For example, article VII of the covenant
provides annual direct spending for capital construction projects.
Disputes that may arise and be addressed under this new less-formal
process include those relating to leases of land for defense purposes,
construction of infrastructure, eligibility for Federal programs, or
payments due the CNMI.
The third bill being introduced today is requested by the delegate
from the United States Virgin Islands, USVI, Donna Christensen, on
behalf of herself and the Governor of the USVI. This bill would repeal
sections of the United States Code that were enacted in 1936 to
determine how real property taxes would be assessed in the USVI. These
sections were thought to have been effectively repealed in 1954 with
enactment of the Virgin Islands Organic Act--a law that substantially
expanded the scope of local self-government. Last year, however, the
Third Circuit Court of Appeals ruled that the 1936 law remains in
effect. The court ruling has, therefore, effectively overturned 50
years of local tax law. The simple solution to this situation, which
this bill proposes, is to repeal the 1936 provisions as soon as
possible. This approach is consistent with the intent of the 1954 law,
and it is consistent with our general Federal territorial policy of
delegating local real property tax policy to the local government.
Consideration of these bills is important to meeting our Nation's
responsibilities to the governments and residents of the islands. I
look forward to working with Chairman Domenici, the representatives of
the island governments, the administration, and the other members of
the committee in considering these bills and reporting our
recommendations to the Senate.
______
By Mr. INHOFE (for himself and Mr. Coburn):
S. 1832. A bill to authorize the Secretary of the Interior to lease
oil and gas resources underlying Fort Reno, Oklahoma, to establish the
Fort Reno Management Fund, and for other purposes; to the Committee on
Energy and Natural Resources.
Mr. INHOFE. Mr. President, today I proudly rise to introduce the
``Fort Reno Mineral Leasing Act''.
Fort Reno was established as a frontier cavalry post in 1874, and it
played a key role in the settlement of the west. It is a historic site
of National significance and it is listed on the National Register of
Historic places. Over 9,000 visitors view the fort each year.
In 1948 the U.S. Army turned its lands and buildings, at Fort Reno,
over to the U.S. Department of Agriculture. Today, the original site
remains intact as a complete frontier post. Dozens of buildings
constructed by the military, as early as the 1880's, still stand around
the Historic District.
[[Page S11225]]
The Agricultural Research Service administers the fort site which
includes the Grazinglands Research Facility, the Fort Reno Historic
District, and the Fort Reno Science Park.
Many of the historic buildings are in desperate need of restoration.
A small agency like the Agricultural Research Service is not
financially able to keep up with the continued costs of maintenance of
so much aged infrastructure. Independent studies show that over $18
million is now needed to restore the most important of the many old
officers' quarters and other key buildings.
I have been an active supporter of Fort Reno and its facilities. For
instance, several years ago I helped secure a Save America's Treasures
Grant of $300,000 to assist a local historical organization with the
costs of stabilization of exteriors on those deteriorating buildings
that are most in need of renovation. In fiscal year 2004, I arranged
for an appropriation of $2.1 million for construction of two
greenhouses for use in research on forage grasses that is conducted by
the Agricultural Research Service at the Fort Reno site.
The legislation I am introducing today will provide a revenue-
neutral, non-appropriated source of funding which will be adequate to
restore the historical buildings of Fort Reno, so that they will be
here for future generations.
In addition, this bill authorizes the development of the oil and gas
that lies beneath Fort Reno's 6,737 acres and places those funds in a
special account in the U.S. Treasury that will be utilized for
restoration and maintenance of those facilities. These funds will also
be used to assist with handling visitors to the fort, historic
interpretation and related activities. The remaining funds will be used
to pay down the national debt.
The Fort Reno Mineral Leasing Act is fully supported by State
legislators, local municipalities, the Chamber of Commerce, farm
groups, the USDA, and the ARS Administrator at Fort Reno.
I look forward to seeing this Oklahoma-specific legislation enacted
and am proud to have Senator Coburn as my original cosponsor.
I ask unanimous consent that letters of support be printed in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
City of El Reno,
El Reno, OK, September 29, 2005.
Hon. James Inhofe,
U.S. Senate, Russell Building,
Washington, DC.
Dear Senator: As you know, the citizens of the City of El
Reno and others from across Oklahoma have long maintained a
strong interest in restoring the military buildings and other
historic features at Fort Reno. Fort Reno serves as a focal
point for many of this community's cultural and historical
events, and it is visited by thousands of tourists each year.
As vital as Fort Reno is to our community and the State of
Oklahoma, it has much more potential as a national historic
site. That potential cannot be realized until the historic
buildings are restored. Cost to restore this site will be
considerable. Not restoring this site will cause Americans to
lose a significant piece of our nation's history. When you
consider the importance of saving this site for generations
to come, the cost is insignificant by comparison.
The citizens of El Reno are thankful that you have
graciously agreed to consider drafting legislation that would
provide financial support for restoration and maintenance of
Fort Reno's aged buildings. You are to be commended for
acknowledging it is our responsibility to preserve our past
for future generations. I sincerely appreciate your respect
for our past and vision for our future.
Sincerely,
Debbie Harrison,
Vice Mayor, City of El Reno.
____
City of El Reno,
Office of the City Manager,
El Reno, OK, September 29, 2005.
Hon. Jim Inhofe,
Russell Building,
Washington, DC.
Dear Senator: The purpose of this letter is to express my
appreciation for your efforts on behalf of the citizens of
the City of El Reno, particularly as relates to restoration
of historic buildings at Fort Reno. We are grateful that you
assisted with the Save America's Treasures grant that
recently allowed work to begin on restoration of one of the
Fort's officers quarters, built before 1890. Fort Reno is one
of our city's most important resources, and we have long
looked forward to seeing it restored to its former glory.
We understand that you intend to introduce legislation that
could allow more progress to be made toward complete
restoration and future maintenance of the Fort's buildings
and other historical assets. I urge you to do so. The
benefits will be considerable, not only for the people of
this city, but for the state of Oklahoma and the Nation.
Sincerely,
Douglas D. Henley,
City Manager.
____
Oklahoma State Senate,
Oklahoma City, OK, September 29, 2005.
Hon. James Inhofe,
Russel1 Building,
Washington, DC.
Dear Senator Inhofe. On behalf of my constituents and all
citizens of Oklahoma, I wish to thank you for assisting with
efforts to obtain funding for restoration of historic
buildings at Fort Reno. When they learn of it, many people in
my district will be grateful for your support. I and others
in the Legislature have worked hard to assist those who
operate the Fort Reno Visitors Center, but the level of
funding required to rescue and maintain these old structures
and other historical resources at the Fort is beyond our
abilities.
Restoration and continued maintenance of the Fort's
buildings are of critical importance to all Oklahomans. Fort
Reno is a primary historic site in our area, and it attracts
over 9,000 visitors annually. It has great potential for
tourism and economic development, and that potential cannot
be realized until it is properly restored. I admire and
appreciate your willingness to introduce legislation that
will insure that Fort Reno's historic buildings are preserved
and maintained for future generations of Oklahomans.
Please let me know if I can assist with this important
effort in any way.
Sincerely,
Mike Johnson,
Oklahoma State Senate, District 22.
____
El Reno Chamber of Commerce
and Development Corp.,
El Reno, OK, September 29, 2005.
Hon. James Inhofe,
Russell Building,
Washington, DC.
Dear Senator: On behalf of the members and Board of
Directors of the El Reno Chamber of Commerce, I wish to
express our gratitude to you for assisting the citizens of
this city and the State of Oklahoma to restore one of our
most cherished historical assets, the buildings of Fort Reno.
New sources of funding to restore and maintain the Fort's
buildings are of critical importance to us. Fort Reno is the
principle historic site in our area and it attracts almost
10,000 visitors to our city annually; however, it is badly in
need of repair and maintenance.
As you know, the costs required to complete a restoration
project of this magnitude far exceeds the capabilities of any
state, local organization or entity. We appreciate your
willingness to assist us with legislation that will insure
that Fort Reno's historic buildings are preserved and
maintained, and made available for the benefit of both
Oklahomans and our out-of-state visitors.
Please let us know if there is anything we can do to help
with this effort by calling (405) 262-1188.
Sincerely,
Karen Nix,
Executive Director.
____
Oklahoma Farm Bureau,
Oklahoma City, OK, October 4, 2005.
Hon. Jim Inhofe,
U.S. Senate, Russell Building,
Washington, DC.
Dear Senator Inhofe: We appreciate your ongoing support for
the Ft. Reno Agricultural Research Service Station. As you
know, at one time the physical ARS facility had suffered from
neglect and the reorganization of ARS. Now the physical
facility is much improved, and the research staff are doing
great work. It is truly an operation in which many of us take
great pride.
I appreciate that you have an interest in helping the
citizens of Oklahoma to preserve the historical buildings of
Fort Reno. Funding is badly needed to restore and maintain
these buildings, many of which were built as early as the
1880s. I understand you are willing to introduce legislation
that will ensure that these historic buildings are not lost,
but are preserved and maintained and made available for
viewing and use by future generations of Oklahomans.
I understand the historic area of the Fort has a lot of
local support from the community, and that you support a
revenue-neutral approach to financing the restoration of Fort
Reno without increasing our tax burden. Our much missed state
board member, Henry Jo VonTungeln, was an active proponent of
using a revenue-neutral approach to funding the restoration
of the Fort.
Your willingness to carry legislation to implement this
approach is greatly appreciated. The success of the
legislation will mean a great deal to Oklahomans and
Americans, as well as the thousands of people who visit Fort
Reno each year.
Thank you for your consideration in this matter.
Sincerely,
Steve Kouplen,
President.
____
Oklahoma Farmers Union,
Oklahoma City, OK, September 30, 2005.
Hon. James Inhofe,
U.S. Senate,
Washington, DC.
Dear Senator Inhofe: On behalf of Oklahoma Farmers Union
and the 100,000 family
[[Page S11226]]
farmers, ranchers and rural citizens our organization
represents, we appreciate your dedication to Oklahoma and
your current efforts to preserve, restore and maintain Fort
Reno here in the heart of our great state. This historical
location and buildings, built in the 1800s, remains an
attraction to thousands of Oklahomans and out-of-state
tourists each year.
Thank you for your interest, and more importantly, your
efforts to ensure much needed funding for this project. The
legislation you are currently working on in regards to Fort
Reno will ensure these buildings and this historic site will
not be lost, but instead will be available for generations to
come. We sincerely appreciate the revenue-neutral approach to
financing the restoration of Fort Reno, without increasing
our tax burden.
Again, thank you for your active role in preservation of
Fort Reno and all your efforts on behalf of our great state.
Sincerely,
Ray L. Wulf,
President & CEO.
______
By Mr. JEFFORDS (for himself, Mr. Sarbanes and Mr. Dayton):
S. 1834. A bill to authorize the Secretary of the Department of
Housing and Urban Development to make grants to States for affordable
housing for low-income persons, and for other purposes; to the
Committee on Banking, Housing, and Urban Affairs.
Mr. JEFFORDS. Mr. President, over the past several weeks, in the wake
of two hurricanes, we have felt the heartbreak of Americans forced from
their homes with no return in sight. Safe and affordable housing is not
something we should take for granted.
Today I am introducing the Affordable Housing Preservation Act of
2005. I am proud to be joined by my colleagues, Senators Paul Sarbanes
and Mark Dayton. This bill provides federal matching funds for the
acquisition and rehabilitation of existing federally-assisted or -
insured affordable housing properties that are in danger of being lost
from the affordable housing inventory.
There is a great need for affordable housing. All across the country,
housing is becoming less attainable for more and more families. In my
own State of Vermont, renting--let alone owning--a home is becoming
difficult if not impossible for many families. The minimum wage in
Vermont is seven dollars. However, a family must earn almost $28,000 in
yearly income to afford a two-bedroom apartment, which requires a wage
of over $13 per hour. For example, in Vermont, a two-bedroom apartment
costs about $698 per month, and a minimum wage earner can afford no
more than $364 for rent. This trend is not unique to Vermont.
Nationwide, the wage needed to afford a two-bedroom apartment is over
$15 an hour. Approximately one-quarter of the U.S. earns less than $10
per hour. There are some communities where affordable housing was never
a concern before, but are now facing a shortage growing ever more
severe. I ask unanimous consent to have a chart compiled by the
National Low Income Housing Coalition (NLIHC), ``State Ranks Based on
Two Bedroom Housing Wage'', inserted in the Record. As my colleagues
read this chart, I encourage them to refer to the NLIHC report issued
last year, ``Out of Reach'', for a more comprehensive overview of
housing prices and diminishing affordability. I found this report
particularly alarming and eye-opening.
There are several strategies to consider in combating the affordable
housing crisis. A comprehensive plan of economic and community
development and revitalization--from public and private sector
sources--is one strategy that has proved successful. Some of the
increasing need for affordable housing is met with the construction of
new units. But in many communities, a stock of affordable housing
already exists, and there is a desire among local leaders to preserve
it. My bill helps States, localities, and other entities do just that.
The bill I am introducing today, the Affordable Housing Preservation
Act of 2005, represents an effort to complement the good work being
done throughout the country on Section 8 initiatives, and it strives to
preserve existing affordable housing. Specifically, this legislation
would conserve federally-subsidized housing units by providing matching
grants to states and localities, who then may work with other housing
entities, seeking to preserve privately owned, affordable housing.
The Secretary of Housing and Urban Development, HUD, would make
determinations for the grants based on a number of factors, including
the number of affordable housing units at risk of being lost and the
local market conditions in which displaced residents would have to find
comparable new housing options. States and localities could use the
funds to acquire or rehabilitate housing, which may be done by working
with established not-for-profit organizations that specialize in
providing affordable housing. They could use the funds, in part, for
administrative and operating expenses. Properties with mortgages
insured by HUD, Section 8 project-based assisted housing, and
properties that are being purchased by residents would all be eligible
for the matching grant funds. I believe that flexibility with the
funding would make this program more efficient and cost effective, and,
most importantly, more helpful to the recipients themselves.
What's more important to a family than a place to call home?
Affordable, quality, and safe housing is the foundation, literally and
figuratively, that communities are built upon. As the Senate crafts a
comprehensive federal response to the housing crisis, including
emergency housing assistance for those affected by the hurricanes
Katrina and Rita, I am eager to work with my colleagues to integrate
the principles of housing preservation into affordable housing,
economic and community development and revitalization initiatives.
STATE RANKS BASED ON TWO BEDROOM HOUSING WAGE
[Higher Rank = Less Affordable]
------------------------------------------------------------------------
Housing
wage for
Rank State two bedroom
FRM
------------------------------------------------------------------------
52....................... District of Columbia............ $22.83
51....................... California...................... 21.24
50....................... Massachusetts................... 20.93
49....................... New Jersey...................... 20.35
48....................... Maryland........................ 18.25
47....................... New York........................ 18.18
46....................... Connecticut..................... 17.90
45....................... Hawaii.......................... 17.60
44....................... Alaska.......................... 17.07
43....................... Nevada.......................... 16.92
42....................... New Hampshire................... 16.79
41....................... Colorado........................ 16.64
40....................... Rhode Island.................... 16.29
39....................... Virginia........................ 16.05
38....................... Illinois........................ 15.44
37....................... Florida......................... 15.37
36....................... Minnesota....................... 15.07
35....................... Arizona......................... 14.93
34....................... Washington...................... 14.32
33....................... Delaware........................ 14.16
32....................... Georgia......................... 14.12
31....................... Texas........................... 13.84
30....................... Pennsylvania.................... 13.82
29....................... Michigan........................ 13.58
28....................... Vermont......................... 13.42
27....................... Utah............................ 13.36
26....................... Oregon.......................... 12.89
25....................... Maine........................... 12.82
24....................... Wisconsin....................... 12.22
23....................... Ohio............................ 12.08
22....................... North Carolina.................. 11.98
21....................... Missouri........................ 11.85
20....................... Indiana......................... 11.77
19....................... New Mexico...................... 11.58
18....................... Kansas.......................... 11.22
17....................... Idaho........................... 11.20
16....................... Nebraska........................ 11.08
15....................... South Carolina.................. 11.04
14....................... Tennessee....................... 11.04
13....................... Louisiana....................... 10.95
12....................... Iowa............................ 10.74
11....................... Montana......................... 10.50
10....................... Oklahoma........................ 10.40
9....................... Kentucky........................ 10.23
8....................... South Dakota.................... 10.18
7....................... Wyoming......................... 10.06
6....................... Alabama......................... 9.84
5....................... Mississippi..................... 9.79
4....................... Arkansas........................ 9.63
3....................... North Dakota.................... 9.48
2....................... West Virginia................... 9.31
1....................... Puerto Rico..................... 7.22
------------------------------------------------------------------------
______
By Mr. JEFFORDS (for himself, Mrs. Boxer, Mr. Lieberman, Mrs.
Clinton, Mr. Carper, Mr. Lautenberg, Mr. Obama, and Mr.
Baucus):
S. 1836. A bill to provide for reconstruction, replacement, and
improvement of infrastructure in the Gulf Coast Region; to the
Committee on Environment and Public Works.
Mr. JEFFORDS. Mr. President, I rise today to introduce the Gulf Coast
Infrastructure Redevelopment and Recovery Act of 2005 on behalf of the
minority side of the EPW Committee. We have introduced three bi-
partisan bills to date in our committee's jurisdiction. One of them
even passed the Senate last week. Those bills, which I would
characterize as tweaks to existing authorities, were good first steps
and are included in the package we introduce today.
But, we feel that the breadth and the magnitude of the damage after
Hurricane Katrina demands a more significant response. As I look at the
pictures of the damage in the areas hit hardest by Hurricane Katrina, I
think of the visitors from Terrebonne Parish that visited me in my
office to seek support for flood control projects in Louisiana. At the
time, I was struck by the vulnerability of this community to the
effects of nature. Today, we are seeing those effects firsthand. I have
thought
[[Page S11227]]
often in the past month of the strong spirit shown by those who visited
my office, and I know, that while it is almost unimaginable today, in a
few years, there will be thriving communities in Louisiana,
Mississippi, and Alabama once again.
The bill I am introducing today is not intended to address every need
of every person in the Katrina-affected area. It is a bill that seeks
to take action for those agencies within the jurisdiction of the EPW
Committee to ensure that they have the authority and the direction they
need. I am a big believer in a single coordinated Federal disaster
response process through the Stafford Act. Our bill complements the
single, coordinated approach, yet recognizes the unique conditions in
this case.
FEMA has shown itself to be ineffective, in my opinion, largely due
to the bureaucracy of the Department of Homeland Security and FEMA's
lack of independence. At the time of the creation of DHS, I said: I
cannot understand why, after years of frustration and failure, we would
jeopardize the Federal government's effective response to natural
disasters by dissolving FEMA into this monolithic Homeland Security
Department. I fear that FEMA will no longer be able to adequately
respond to hurricanes, fires, floods, and earthquakes, begging the
question, who will? (November 20, 2002)
Today, unfortunately, we know the answer--no one.
The Federal aid provided for Katrina must be coordinated in a wise,
targeted manner. To perform this task, our bill creates a Federal
infrastructure Task Force to make spending decisions and establish
Federal investment standards.
There have been large storms before--in 1965 Hurricane Betsy hit
almost this same area. There will be large storms again. This bill
recognizes that and establishes National Preparedness Grants and
several readiness studies to update emergency response plans, resolve
inadequacies, and identify infrastructure vulnerabilities.
To speed economic recovery, the bill provides 200M to both the
Economic Development Administration and the Delta Regional Authority.
Part of the long-term recovery of the region will be the clean-up of
the environmental damage. Our bill provides direction to EPA to ensure
that adequate sampling is performed, that the public knows the results,
that drinking water and wastewater services are restored, and that
cleanups are prioritized.
The Army Corps of Engineers has a lot of explaining to do after the
levee failure in New Orleans. The Corps also has a lot of clean up to
do and a lot of rebuilding to do. The flood control system in place
today was built in the wake of the damage caused by Hurricane Betsy in
1965. I believe it is critical that we fully evaluate the entire Corps
process to determine what changes should be made. This bill takes only
a first step to be sure that we don't simply rebuild what was already
in New Orleans without thinking. The bill requires the Corps to assess
all projects in the area and repair or modify them with one
comprehensive approach.
We establish a National Levee Safety Program in this bill, similar to
the Dam Safety Program to be sure our nation's levees can be counted
on.
Finally, our bill allows communities that provide incentives for the
use of public transportation or ridesharing after a disaster to seek
Federal reimbursement.
What doesn't our bill do? Our bill does not waive environmental
statutes. Since the Stafford Act was passed in 1974, there have been
thousands of declared disasters. Never before have we faced a proposal
to haphazardly waive environmental statutes across the Nation in the
name of economic recovery in one devastated area. In the last few weeks
several proposals have been introduced to give the President or EPA
broad waiver authority in the wake of Hurricane Katrina. These
proposals put human health and the environment at risk throughout the
Nation by allowing permanent waivers to environmental or other laws,
anywhere in the Nation, to be granted with few or no criteria, and no
public involvement.
The consequences of such an action could be significant. For example,
new refineries or power generating facilities could be built while
exempt from the Clean Air Act, causing long-term air quality impacts.
Congressional offshore drilling bans could be waived to alleviate a
fuel shortage. Safe Drinking Water Act regulations could be changed to
waive limits on pollutant levels in an effort to speed reoccupancy of
hurricane-affected areas, putting public health at risk. Protections
for minorities or low-income people such as OSHA safety regulations or
the minimum wage could be waived.
I want to help the people of Louisiana, Mississippi, and Alabama. The
people of my home State of Vermont are appalled at the state of affairs
there and want to help. But, I cannot accept a proposal this broad
which will put human health and the environment throughout the Nation
at the mercy of one President or appointed official with no time
limits, no consideration of human health or the environment, no public
participation, and no guidance. Such as effort will only hurt the
people of an already devastated region in the long run, not help them.
We must not just act to help the victims of Katrina. We must act in a
thoughtful, meaningful, positive way.
The Gulf Coast Infrastructure Redevelopment and Recovery Act of 2005
meets that test. I urge my colleagues to co-sponsor this legislation.
______
By Mr. REED:
S. 1837. A bill to amend the Magnuson-Stevens Fishery Conservation
and Management Act to add Rhode Island to the Mid-Atlantic Fishery
Management Council; to the Committee on Commerce, Science, and
Transportation.
Mr. REED. Mr. President, today I introduce the Rhode Island
Fishermen's Fairness Act of 2005. This legislation would address a
serious flaw in our Nation's regional fisheries management system by
adding Rhode Island to the Mid-Atlantic Fishery Management Council
(MAFMC), which currently consists of representatives from New York, New
Jersey, Delaware, Pennsylvania, Maryland, Virginia, and North Carolina.
The MAFMC manages the following 13 species, all of which are landed
in Rhode Island: Illex squid, loligo squid, Atlantic mackerel, black
sea bass, bluefish, butterfish, monkfish, scup, spiny dogfish, summer
flounder, surfclam, ocean quahog, and tilefish.
In 2003, the most recent year for which final data are available,
Rhode Island fishermen brought in 30 percent of MAFMC landings by
weight--more than any of the MAFMC member States except New Jersey,
which is responsible for about 60 percent of total MAFMC landings.
If Rhode Island fishermen are responsible for a large percentage of
overall MAFMC landings, these species make up an even larger proportion
of landings within Rhode Island every year. Between 1995 and 2003,
MAFMC species represented between 32 percent and 56 percent of all
finfish landed in Rhode Island annually, for an average of 44 percent
of total landings by weight. In eight of the years between 1990 and
2003, squid, Illex and loligo, was the number one marine species landed
in Rhode Island, with a value of between $11.6 million and $20.1
million annually.
Yet Rhode Island has no voice in the management of these species.
Following council tradition and Federal fisheries law, the Rhode
Island Fishermen's Fairness Act would create two seats on the MAFMC for
Rhode Island: one seat nominated by the Governor of Rhode Island and
appointed by the Secretary of Commerce, and a second seat filled by
Rhode Island's principal State official with marine fishery management
responsibility. The MAFMC would increase in size from 21 voting members
to 23.
There is a precedent for this proposed legislation. In 1996, North
Carolina's representatives in Congress succeeded in adding that state
to the MAFMC through an amendment to the Sustainable Fisheries Act.
Like Rhode Island, a significant proportion of North Carolina's landed
fish species were managed by the MAFMC, yet the State had no vote on
the council. Today, Rhode Island's share of total landings for species
managed by the MAFMC is more than six times greater than that of North
Carolina.
[[Page S11228]]
I look forward to working with my colleagues to restore a measure of
equity to the fisheries management process by passing the Rhode Island
Fishermen's Fairness Act. I ask unanimous consent 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. 1837
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 ``Rhode Island Fishermen's
Fairness Act''.
SEC. 2. ADDITION OF RHODE ISLAND TO THE MID-ATLANTIC FISHERY
MANAGEMENT COUNCIL.
Section 302(a)(1)(B) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(a)(1)(B)) is
amended--
(1) by inserting ``Rhode Island,'' after ``States of'';
(2) by inserting ``Rhode Island,'' after ``except North
Carolina,'';
(3) by striking ``21'' and inserting ``23''; and
(4) by striking ``13'' and inserting ``14''.
______
By Mr. VOINOVICH (for himself and Ms. Collins):
S. 1838. A bill to provide for the sale, acquisition, conveyance, and
exchange of certain real property in the District of Columbia to
facilitate the utilization, development, and redevelopment of such
property, and for other purposes; to the Committee on Homeland Security
and Governmental Affairs.
Mr. VOINOVICH. Mr. President, today I rise to introduce the ``Federal
and District of Columbia Government Real Property Act of 2005,'' a bill
to authorize the exchange of certain land parcels between the Federal
Government and the District of Columbia. This proposal was submitted to
Congress by the administration with support of the District.
As Chairman of the Subcommittee on Oversight of Government
Management, the Federal Workforce and the District of Columbia, I
understand the special relationship shared with the Federal Government
and the District. Because of this relationship, Congress shares in the
responsibility of ensuring that the Nation's capital remains a
socially, economically, and culturally vibrant city.
Under this legislation, the Federal properties to be transferred to
the District of Columbia will be put to better use. This will free up
tax dollars being used to maintain the underutilized land to be spent
on more important needs facing our Nation. The vast majority of the
conveyance is contained in three large properties at or near the
Anacostia River: Popular Point, Reservation 13, and several acres of
National Park Service land near Robert F. Kennedy Stadium. The bill
also would transfer buildings and property located on the west campus
of St. Elizabeth's Hospital and several smaller properties from the
District of Columbia to the Federal Government.
Conveying these properties will allow the Federal Government to
better manage its properties. Additionally, the District gains the
ability to spur economic development in Southeast Washington, better
address the needs of its citizens, and increase the local tax base. I
urge all of my colleagues to support this legislation and I am
confident that it can be enacted this year.
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. 1838
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 ``Federal and District of
Columbia Government Real Property Act of 2005''.
TITLE I--REAL PROPERTY CONVEYANCES BETWEEN THE GENERAL SERVICES
ADMINISTRATION AND THE DISTRICT OF COLUMBIA
SEC. 101. EXCHANGE OF TITLE OVER RESERVATION 13 AND CERTAIN
OTHER PROPERTIES.
(a) Conveyance of Properties.--
(1) In general.--On the date on which the District of
Columbia conveys to the Administrator of General Services all
right, title, and interest of the District of Columbia in the
property described in subsection (c), the Administrator shall
convey to the District of Columbia all right, title, and
interest of the United States in--
(A) U.S. Reservation 13, subject to the conditions
described in subsection (b); and
(B) Old Naval Hospital.
(2) Properties defined.--In this section--
(A) the term ``U.S. Reservation 13'' means that parcel of
land in the District of Columbia consisting of the
approximately 66 acres which is bounded on the north by
Independence Avenue Southeast, on the west by 19th Street
Southeast, on the south by G Street Southeast, and on the
east by United States Reservation 343, and being the same
land described in the Federal transfer letter of October 25,
2002, from the United States to the District of Columbia, and
subject to existing matters of record; and
(B) the term ``Old Naval Hospital'' means the property in
the District of Columbia consisting of Square 948 in its
entirety, together with all the improvements thereon.
(b) Conditions for Conveyance of Reservation 13.--As a
condition for the conveyance of U.S. Reservation 13 to the
District of Columbia under this section, the District of
Columbia shall agree--
(1) to set aside a portion of the property for the
extension of Massachusetts Avenue Southeast and the placement
of a potential commemorative work to be established pursuant
to chapter 89 of title 40, United States Code, at the
terminus of Massachusetts Avenue Southeast (as so extended)
at the Anacostia River;
(2) to convey all right, title, and interest of the
District of Columbia in the portion set aside under paragraph
(1) to the Secretary of the Interior (acting through the
Director of the National Park Service) at such time as the
Secretary may require, if a commemorative work is established
in the manner described in paragraph (1); and
(3) to permit the Court Services and Offender Supervision
Agency for the District of Columbia to continue to occupy a
portion of the property consistent with the requirements of
the District of Columbia Appropriations Act, 2002 (Public Law
107-96; 115 Stat. 931).
(c) District of Columbia Property to Be Conveyed to the
Administrator.--The property described in this subsection is
the real property consisting of Building Nos. 16, 37, 38,
118, and 118-A and related improvements, together with the
real property underlying those buildings and improvements, on
the West Campus of Saint Elizabeths Hospital, as described in
the quitclaim deed of September 30, 1987, by and between the
United States and the District of Columbia and recorded in
the Office of the Recorder of Deeds of the District of
Columbia on October 7, 1987.
(d) Limitation on Environmental Liability.--Notwithstanding
any other provision of law--
(1) the District of Columbia shall not be responsible for
any environmental liability, response action, remediation,
corrective action, damages, costs, or expenses associated
with the property for which title is conveyed to the
Administrator of General Services under this section; and
(2) all environmental liability, responsibility,
remediation, damages, costs, and expenses as required by
applicable Federal, State and local law, including the
Comprehensive Environmental Response, Compensation and
Liability Act (42 U.S.C. 9601 et seq.), the Federal Water
Pollution Control Act (known as Clean Water Act) (33 U.S.C.
1251 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.),
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the
Rivers and Harbors Act (33 U.S.C. 540 et seq.), the Toxic
Substances Control Act (15 U.S.C. 2601, et seq.), and the Oil
Pollution Act (33 U.S.C. 2701 et seq.) for such property
shall be borne by the United States, which shall conduct all
environmental activity with respect to such properties, and
bear any and all costs and expenses of any such activity.
SEC. 102. TERMINATION OF CLAIMS.
(a) In General.--Notwithstanding any other provision of
law, the United States is not required to perform, or to
reimburse the District of Columbia for the cost of
performing, any of the following services:
(1) Repairs or renovations pursuant to section 4(f) of the
Saint Elizabeths Hospital and District of Columbia Mental
Health Services Act (24 U.S.C. 225b(f); sec. 44-903(f), D.C.
Official Code).
(2) Preservation, maintenance, or repairs pursuant to a use
permit executed on September 30, 1987, under which the United
States (acting through the Secretary of Health and Human
Services) granted permission to the District of Columbia to
use and occupy portions of the Saint Elizabeths Hospital
property known as the ``West Campus''.
(3) Mental health diagnostic and treatment services for
referrals as described in section 9(b) of the Saint
Elizabeths Hospital and District of Columbia Mental Health
Services Act (24 U.S.C. 225g(b); sec. 44-908(b), D.C.
Official Code), but only with respect to services provided on
or before the date of the enactment of this Act.
(b) Effect on Pending Claims.--Any claim of the District of
Columbia against the United States for the failure to
perform, or to reimburse the District of Columbia for the
cost of performing, any service described in subsection (a)
which is pending as of the date of the enactment of this Act
shall be extinguished and terminated.
TITLE II--STREAMLINING MANAGEMENT OF PROPERTIES LOCATED IN THE DISTRICT
OF COLUMBIA
SEC. 201. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER
CERTAIN PROPERTIES.
(a) Transfer of Administrative Jurisdiction From District
of Columbia to United States.--
[[Page S11229]]
(1) In general.--Administrative jurisdiction over each of
the following properties (owned by the United States and as
depicted on the Map) is hereby transferred, subject to the
terms in this subsection, from the District of Columbia to
the Secretary of the Interior for administration by the
Director:
(A) An unimproved portion of Audubon Terrace Northwest,
located east of Linnean Avenue Northwest, that is within U.S.
Reservation 402 (National Park Service property).
(B) An unimproved portion of Barnaby Street Northwest,
north of Aberfoyle Place Northwest, that abuts U.S.
Reservation 545 (National Park Service property).
(C) A portion of Canal Street Southwest, and a portion of V
Street Southwest, each of which abuts U.S. Reservation 467
(National Park Service property).
(D) Unimproved streets and alleys at Fort Circle Park
located within the boundaries of U.S. Reservation 497
(National Park Service property).
(E) An unimproved portion of Western Avenue Northwest,
north of Oregon Avenue Northwest, that abuts U.S. Reservation
339 (National Park Service property).
(F) An unimproved portion of 17th Street Northwest, south
of Shepherd Street Northwest, that abuts U.S. Reservation 339
(National Park Service property).
(G) An unimproved portion of 30th Street Northwest, north
of Broad Branch Road Northwest, that is within the boundaries
of U.S. Reservation 515 (National Park Service property).
(H) Subject to paragraph (2), lands over I-395 at
Washington Avenue Southwest.
(I) A portion of U.S. Reservation 357 at Whitehaven Parkway
Northwest, previously transferred to the District of Columbia
in conjunction with the former proposal for a residence for
the Mayor of the District of Columbia.
(2) Use of certain property for memorial.--In the case of
the property for which administrative jurisdiction is
transferred under paragraph (1)(H), the property shall be
used as the site for the establishment of a memorial to honor
disabled veterans of the United States Armed Forces
authorized to be established by the Disabled Veterans' LIFE
Memorial Foundation by Public Law 106-348 (114 Stat. 1358; 40
U.S.C. 8903 note), except that the District of Columbia shall
retain administrative jurisdiction over the subsurface area
beneath the site for the tunnel, walls, footings, and related
facilities.
(b) Transfer of Administrative Jurisdiction From United
States to District of Columbia.--Administrative jurisdiction
over the following property owned by the United States and
depicted on the Map is hereby transferred from the Secretary
to the District of Columbia for administration by the
District of Columbia:
(1) A portion of U.S. Reservation 451.
(2) A portion of U.S. Reservation 404.
(3) U.S. Reservations 44, 45, 46, 47, 48, and 49.
(4) U.S. Reservation 251.
(5) U.S. Reservation 8.
(6) U.S. Reservations 277A and 277C.
(7) Portions of U.S. Reservation 470.
(c) Effective Date.--The transfers of administrative
jurisdiction under this section shall take effect on the date
of the enactment of this Act.
SEC. 202. EXCHANGE OF TITLE OVER CERTAIN PROPERTIES.
(a) Conveyance of Title.--
(1) In general.--On the date on which the District of
Columbia conveys to the Secretary all right, title, and
interest of the District of Columbia in each of the
properties described in subsection (b) for use as described
in such subsection, the Secretary shall convey to the
District of Columbia all right, title, and interest of the
United States in each of the properties described in
subsection (c).
(2) Administration by national park service.--The
properties conveyed by the District of Columbia to the
Secretary under this section shall be administered by the
Director upon conveyance.
(b) Properties to Be Conveyed to the Secretary; Use.--The
properties described in this subsection and their uses are as
follows (as depicted on the Map):
(1) Lovers Lane Northwest, abutting U.S. Reservation 324,
for the closure of a one-block long roadway adjacent to
Montrose Park.
(2) Needwood, Niagara, and Pitt Streets Northwest, within
the Chesapeake and Ohio Canal National Historical Park, for
the closing of the rights-of-way now occupied by the
Chesapeake and Ohio Canal.
(c) Properties to Be Conveyed to the District of
Columbia.--The properties described in this subsection are as
follows (as depicted on the Map):
(1) U.S. Reservation 17A.
(2) U.S. Reservation 484.
(3) U.S. Reservations 243, 244, 245, and 247.
(4) U.S. Reservations 128, 129, 130, 298, and 299.
(5) Portions of U.S. Reservations 343D and 343E.
(6) U.S. Reservations 721, 722, and 723.
SEC. 203. CONVEYANCE OF UNITED STATES RESERVATION 174.
(a) Conveyance; Use.--If the District of Columbia enacts a
final plan for the development of the former Convention
Center Site which meets the requirements of subsection (b)--
(1) the Secretary shall convey all right, title, and
interest of the United States in U.S. Reservation 174 (as
depicted on the Map) to the District of Columbia upon the
enactment of such plan; and
(2) the District shall use the property so conveyed in
accordance with such plan.
(b) Requirements for Development Plan.--The plan for the
development of the former Convention Center Site meets the
requirements of this subsection if--
(1) the plan is developed through a public process;
(2) during the process for the development of the plan, the
District of Columbia considers at least one version of the
plan under which the entire portion of U.S. Reservation 174
which is set aside as open space as of the date of the
enactment of this Act shall continue to be set aside as open
space (including a version under which facilities are built
under the surface of such portion); and
(3) not less than 1\1/4\ acres of the former Convention
Center Site are set aside for open space under the plan.
(c) Former Convention Center Site Defined.--In this
section, the ``former Convention Center Site'' means the
parcel of land in the District of Columbia which is bounded
on the east by 9th Street Northwest, on the north by New York
Avenue Northwest, on the west by 11th Street Northwest, and
on the south by H Street Northwest.
SEC. 204. CONVEYANCE OF PORTION OF RFK STADIUM SITE FOR
EDUCATIONAL PURPOSES.
Section 7 of the District of Columbia Stadium Act of 1957
(sec. 3-326, D.C. Official Code) is amended by adding at the
end the following new subsection:
``(e)(1) Upon receipt of a written description from the
District of Columbia of a parcel of land consisting of not
more than 15 contiguous acres (hereafter in this subsection
referred to as `the described parcel'), with the longest side
of the described parcel abutting one of the roads bounding
the property, within the area designated `D' on the revised
map entitled `Map to Designate Transfer of Stadium and Lease
of Parking Lots to the District' and bound by Oklahoma Avenue
Northeast, Benning Road Northeast, the Metro line, and
Constitution Avenue Northeast, and a long-term lease executed
by the District of Columbia that is contingent upon the
Secretary's conveyance of the described parcel and for the
purpose consistent with this paragraph, the Secretary shall
convey all right, title, and interest in the described parcel
to the District of Columbia for the purpose of siting,
developing, and operating an educational institution for the
public welfare, with first preference given to a pre-
collegiate public boarding school.
``(2) Upon conveyance under paragraph (1), the portion of
the stadium lease that affects the described parcel and all
the conditions associated therewith shall terminate, the
described parcel shall be removed from the `Map to Designate
Transfer of Stadium and Lease of Parking Lots to the
District', and the long-term lease described in paragraph (1)
shall take effect immediately.''.
TITLE III--POPLAR POINT
SEC. 301. CONVEYANCE OF POPLAR POINT TO DISTRICT OF COLUMBIA.
(a) Conveyance.--Upon certification by the Secretary of the
Interior (acting through the Director) that the District of
Columbia has adopted a land-use plan for Poplar Point which
meets the requirements of section 302, the Director shall
convey to the District of Columbia all right, title, and
interest of the United States in Poplar Point, in accordance
with this title.
(b) Withholding of Existing Facilities and Properties of
National Park Service From Initial Conveyance.--The Director
shall withhold from the conveyance made under subsection (a)
the facilities and related property (including necessary
easements and utilities related thereto) which are occupied
or otherwise used by the National Park Service in Poplar
Point prior to the adoption of the land-use plan referred to
in subsection (a), as identified in such land-use plan in
accordance with section 302(c).
SEC. 302. REQUIREMENTS FOR POPLAR POINT LAND-USE PLAN.
(a) In General.--The land-use plan for Poplar Point meets
the requirements of this section if the plan includes each of
the following elements:
(1) The plan provides for the reservation of a portion of
Poplar Point for park purposes, in accordance with subsection
(b).
(2) The plan provides for the identification of existing
facilities and related properties of the National Park
Service, and the relocation of the National Park Service to
replacement facilities and related properties, in accordance
with subsection (c).
(3) Under the plan, at least two sites within the areas
designated for park purposes are set aside for the placement
of potential commemorative works to be established pursuant
to chapter 89 of title 40, United States Code, and the plan
includes a commitment by the District of Columbia to convey
back those sites to the National Park Service at the
appropriate time, as determined by the Secretary.
(4) To the greatest extent practicable, the plan is
consistent with the Anacostia Waterfront Framework Plan
referred to in section 103 of the Anacostia Waterfront
Corporation Act of 2004 (sec. 2-1223.03, D.C. Official Code).
(b) Reservation of Areas for Park Purposes.--The plan shall
identify a portion of Poplar Point consisting of not fewer
than 70 acres (including wetlands) which shall be reserved
for park purposes and shall require such portion to be
reserved for such purposes
[[Page S11230]]
in perpetuity, and shall provide that any person (including
an individual or a public entity) shall have standing to
enforce the requirement.
(c) Identification of Existing and Replacement Facilities
and Properties for National Park Service.--
(1) Identification of existing facilities.--The plan shall
identify the facilities and related property (including
necessary easements and utilities related thereto) which are
occupied or otherwise used by the National Park Service in
Poplar Point prior to the adoption of the plan.
(2) Relocation to replacement facilities.--
(A) In general.--To the extent that the District of
Columbia and the Director determine jointly that it is no
longer appropriate for the National Park Service to occupy or
otherwise use any of the facilities and related property
identified under paragraph (1), the plan shall--
(i) identify other suitable facilities and related property
(including necessary easements and utilities related thereto)
in the District of Columbia to which the National Park
Service may be relocated;
(ii) provide that the District of Columbia shall take such
actions as may be required to carry out the relocation,
including preparing the new facilities and properties and
providing for the transfer of such fixtures and equipment as
the Director may require; and
(iii) set forth a timetable for the relocation of the
National Park Service to the new facilities.
(B) Restriction on use of property reserved for park
purposes.--The plan may not identify any facility or property
for purposes of this paragraph which is located on any
portion of Poplar Point which is reserved for park purposes
in accordance with subsection (b).
(3) Consultation required.--In developing each of the
elements of the plan which are required under this
subsection, the District of Columbia shall consult with the
Director.
SEC. 303. CONVEYANCE OF REPLACEMENT FACILITIES AND PROPERTIES
FOR NATIONAL PARK SERVICE.
(a) Conveyance of Facilities and Related Properties.--Upon
certification by the Director that the facilities and related
property to which the National Park Service is to be
relocated under the land-use plan under this title (in
accordance with section 302(c)) are ready to be occupied or
used by the National Park Service--
(1) the District of Columbia shall convey to the Director
all right, title, and interest in the facilities and related
property (including necessary easements and utilities related
thereto) to which the National Park Service is to be
relocated (without regard to whether such facilities are
located in Poplar Point); and
(2) the Director shall convey to the District of Columbia
all, right, title, and interest in the facilities and related
property which were withheld from the conveyance of Poplar
Point under section 301(b) and from which the National Park
Service is to be relocated.
(b) Restriction on Construction Projects Pending
Certification of Facilities.--
(1) In general.--The District of Columbia may not initiate
any construction project with respect to Poplar Point until
the Director makes the certification referred to in
subsection (a).
(2) Exception for projects required to prepare facilities
for occupation by national park service.--Paragraph (1) shall
not apply with respect to any construction project required
to ensure that the facilities and related property to which
the National Park Service is to be relocated under the land-
use plan under this title (in accordance with section 302(c))
are ready to be occupied by the National Park Service.
SEC. 304. POPLAR POINT DEFINED.
In this title, ``Poplar Point'' means the parcel of land in
the District of Columbia which is owned by the United States
and which is under the administrative jurisdiction of the
District of Columbia or the Director on the day before the
date of enactment of this Act, and which is bounded on the
north by the Anacostia River, on the northeast by and
inclusive of the southeast approaches to the 11th Street
bridges, on the southeast by and inclusive of Route 295, and
on the northwest by and inclusive of the Frederick Douglass
Memorial Bridge approaches to Suitland Parkway, as depicted
on the Map.
TITLE IV--GENERAL PROVISIONS
SEC. 401. DEFINITIONS.
In this Act, the following definitions apply:
(1) The term ``Administrator'' means the Administrator of
General Services.
(2) The term ``Director'' means the Director of the
National Park Service.
(3) The term ``Map'' means the map entitled ``Transfer and
Conveyance of Properties in the District of Columbia'',
numbered 869/80460, and dated July 2005, which shall be kept
on file in the appropriate office of the National Park
Service.
(4) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 402. LIMITATION ON ENVIRONMENTAL LIABILITY.
Notwithstanding any other provision of law--
(1) the United States shall not be responsible for any
environmental liability, response action, remediation,
corrective action, damages, costs, or expenses associated
with any property for which title is conveyed to the District
of Columbia under this Act or any amendment made by this Act;
and
(2) all environmental liability, responsibility,
remediation, damages, costs, and expenses as required by
applicable Federal, state and local law, including the
Comprehensive Environmental Response, Compensation and
Liability Act (42 U.S.C. 9601 et seq.), the Federal Water
Pollution Control Act (known as Clean Water Act) (33 U.S.C.
1251 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.),
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the
Rivers and Harbors Act (33 U.S.C. 540 et seq.), the Toxic
Substances Control Act (15 U.S.C. 2601, et seq.), and the Oil
Pollution Act (33 U.S.C. 2701 et seq.) for any such property
shall be borne by the District of Columbia, which shall
conduct all environmental activity with respect to such
properties, and bear any and all costs and expenses of any
such activity.
SEC. 403. LIMITATION ON COSTS.
The United States shall not be responsible for paying any
costs and expenses incurred by the District of Columbia or
any other parties at any time in connection with effecting
the provisions of this Act or any amendment made by this Act,
including costs and expenses associated with surveys, zoning,
land-use processes, transfer taxes, recording taxes,
recording fees, as well as the costs associated with the
relocation of the National Park Service to replacement
facilities required under the land-use plan for Poplar Point
described in section 302(c)(2).
SEC. 404. DEADLINE FOR PROVISION OF DEEDS AND RELATED
DOCUMENTS.
With respect to each property conveyed under this Act or
any amendment made by this Act, the Mayor of the District of
Columbia, the Administrator, or the Secretary (as the case
may be) shall execute and deliver a quitclaim deed or prepare
and record a transfer plat, as appropriate, not later than 6
months after the property is conveyed.
______
By Mr. THUNE (for himself and Mr. Bingaman):
S. 1840. A bill to amend section 340B of the Public Health Service
Act to increase the affordability of inpatient drugs for Medicaid and
safety net hospitals; to the Committee on Finance.
Mr. THUNE. Mr. President, the rising cost of prescription drugs has
squeezed not only the budgets of American consumers but also the
budgets of America's health care providers. The rural hospitals in my
State of South Dakota serve as a lifeline to thousands of constituents
living in medically underserved areas. They cannot afford to have the
cost of their inpatient and outpatient drugs rising faster than the
rate of inflation.
In 1992, Congress created the 340B program to lower the cost of drugs
purchased by a limited number of entities serving a high number of low-
income and uninsured individuals, such as federally qualified health
care centers and nonprofit hospitals providing care to a
disproportionate share of Medicaid patients.
Under the 340B program, pharmaceutical manufacturers are required to
provide eligible 340B entities discounts on outpatient drugs as part of
the manufacturers' Medicaid participation agreement. The rising cost of
prescription drugs has created the need to modify the 340B program and
extend these discounts to the inpatient side of disproportionate share
hospitals, as well as to critical access hospitals.
Today, I and my colleague from New Mexico, Mr. Bingaman, are
providing relief on the cost of drugs purchased by America's health
care providers by introducing the Safety Net Inpatient Drug
Affordability Act.
Our bill extends the 340B discounted drug prices to inpatient drug
purchases of disproportionate share hospitals and allows critical
access hospitals to participate in the 340B program. This not only
saves hospitals money on the cost of drugs, it relieves them from the
burden of carrying two different inventories for inpatient and
outpatient drugs.
Our legislation also generates savings for the Medicaid program by
requiring hospitals that participate in the 340B program to rebate
Medicaid a percentage of their 340B savings on inpatient drugs
administered to Medicaid patients. Specifically, the Safety Net
Inpatient Drug Affordability Act would require disproportionate share
and critical access hospitals to determine the acquisition cost of
drugs used on Medicaid patients and apply the minimum Medicaid rebate
percentages applicable to outpatient-dispensed brand name and generic
drugs.
Extending the 340B program to critical access hospitals also helps
reduce expenditures in the Medicare Program. Critical access hospitals
are a vital part of the rural health care delivery
[[Page S11231]]
system. They provide emergency outpatient and limited inpatient care to
individuals in remote rural areas. Out of the 61 hospitals in my State
of South Dakota, 37 qualify as critical access hospitals.
Outpatient care in critical access hospitals is reimbursed by
Medicare at 101 percent of reasonable costs. Allowing critical access
hospitals to participate in the 340B program will lower the cost of
drugs in the outpatient setting and ultimately lower the cost of care
provided by these hospitals. Decreasing the cost of care in critical
access hospitals lowers the amount the Medicare Program expends on
reimbursement.
The Safety Net Inpatient Drug Affordability Act is commonsense
legislation that reduces the cost of drugs for health care providers
serving society's most vulnerable citizens. Lowering the cost of care
in these settings means lowering the cost of health care for all
American taxpayers. I look forward to working with my colleagues on
both sides of the aisle in getting this bipartisan legislation passed
and signed into law.
______
By Mr. NELSON of Florida (for himself, Ms. Stabenow, and Mr.
Harkin):
S. 1841. A bill to amend title XVIII of the Social Security Act to
provide extended and additional protection to Medicare beneficiaries
who enroll for the Medicare prescription drug benefit during 2006; to
the Committee on Finance.
Mr. NELSON of Florida. Mr. President, I am pleased to be joined by my
colleagues and cosponsors Senators Stabenow and Harkin as we introduce
the Medicare Informed Choice Act of 2005. This bill provides additional
essential protections for Medicare beneficiaries during the first year
of implementation of the new Medicare prescription drug benefit.
Medicare beneficiaries are understandably concerned and confused
about the new benefit. They face a number of private plan options and
sorting through these plans will be complicated. Medicare beneficiaries
will have to make many difficult decisions about what is the best
course of action for them.
Choosing the right plan will be a challenge for all beneficiaries,
but it will be most difficult for those who are frail and living with
problems like dementia. The task will be virtually impossible for
Hurricane Katrina victims who do not have permanent addresses and,
therefore, won't even be able to obtain Part D materials. Yet,
beneficiaries who do not act by the May 15, 2006 deadline and who
enroll at a later date will face a substantial financial penalty.
In response, we are introducing this legislation which will provide
added protections for beneficiaries during the first year of the new
program. By delaying late enrollment penalties and giving every
beneficiary a chance to change plans once during the first year, we can
make sure that our constituents are not forced to make hasty decisions
they may later regret.
The Medicare Informed Choice Act of 2005 contains three important
protections:
1. Delays late enrollment penalties: The bill expands the existing
six-month open enrollment period to the entire year of 2006. This will
give people added time to do the research and make the best decisions
for themselves.
2. Protections against bad choices: The bill gives every Medicare
beneficiary the opportunity to make a one-time change in plan
enrollment at any point in 2006. Given the importance of the decision
they make, it is appropriate to give beneficiaries a one-time chance to
correct an initial mistake made during the first year of
implementation.
3. Protections for employer-provided retiree benefits: This provision
would protect employees from being dropped by their former employer's
plan during the first year of implementation, so that beneficiaries
have time to correct enrollment mistakes.
The Medicare Informed Choice Act is a small, time-limited step that
would help ease the pressure of the first year of this new drug
program. It is also critical for all those beneficiaries who face
hurdles in obtaining Medicare Part D materials or are unaware that they
will be penalized by failure to act. We urge all of our colleagues to
join us in this effort to help protect Medicare beneficiaries during
the benefit's implementation period.
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. 1841
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 ``The Medicare Informed Choice
Act of 2005''.
SEC. 2. EXTENDED PERIOD OF OPEN ENROLLMENT DURING ALL OF 2006
WITHOUT LATE ENROLLMENT PENALTY.
Section 1851(e)(3)(B) of the Social Security Act (42 U.S.C.
1395w-21(e)(3)(B)) is amended--
(1) in clause (iii), by striking ``May 15, 2006'' and
inserting ``December 31, 2006''; and
(2) by adding at the end the following new sentence:
``An individual making an election during the period
beginning on November 15, 2006, and ending on December 15,
2006, shall specify whether the election is to be effective
with respect to 2006 or with respect to 2007 (or both).''.
SEC. 3. ONE-TIME CHANGE OF PLAN ENROLLMENT FOR MEDICARE
PRESCRIPTION DRUG BENEFIT DURING ALL OF 2006.
(a) Application to MA-PD Plans.--Section 1851(e) of the
Social Security Act (42 U.S.C. 1395w-21(e)) is amended--
(1) in paragraph (2)(B)--
(A) in the heading, by striking ``for first 6 months'';
(B) in clause (i)--
(i) by striking ``the first 6 months of 2006'' and
inserting ``2006''; and
(ii) by striking ``the first 6 months during 2006'' and
inserting ``2006'';
(C) in clause (ii), by inserting ``(other than during
2006)'' after ``paragraph (3)''; and
(D) in clause (iii), by striking ``2006'' and inserting
``2007''; and
(2) in paragraph (4), by striking ``2006'' and inserting
``2007'' each place it appears.
(b) Conforming Amendment to Part D.--Section 1860D-
1(b)(1)(B)(iii) of such Act (42 U.S.C. 1395w-
101(b)(1)(B)(iii)) is amended by striking ``subparagraphs (B)
and (C) of paragraph (2)'' and inserting ``paragraph
(2)(C)''.
SEC. 4. PROTECTION FROM LOSS OF EMPLOYMENT-BASED RETIREE
HEALTH COVERAGE UPON ENROLLMENT FOR MEDICARE
PRESCRIPTION DRUG BENEFIT DURING 2006.
Section 1860D-22(a)(2) (42 U.S.C. 1395w-132(a)(2)) is
amended by adding at the end the following new subparagraph:
``(D) Protection from loss of employment-based coverage.--
The sponsor of the plan may not involuntarily discontinue
coverage of an individual under a group health plan before
January 1, 2007, based upon the individual's decision to
enroll in a prescription drug plan or an MA-PD plan under
this part.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect as if
included in the enactment of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-
173).
______
By Mr. ENSIGN (for himself, Ms. Murkowski, Mr. Burns, Mr. Craig,
Mr. Crapo, Mr. Inhofe, Mr. Kyl, Mr. Smith, and Mr. Stevens):
S. 1845. A bill to amend title 28, United States Code, to provide for
the appointment of additional Federal circuit judges, to divide the
Ninth Judicial Circuit of the United States into 2 circuits, and for
other purposes; to the Committee on the Judiciary.
Mr. ENSIGN. 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. 1845
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 ``The Circuit Court of Appeals
Restructuring and Modernization Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Former ninth circuit.--The term ``former ninth
circuit'' means the ninth judicial circuit of the United
States as in existence on the day before the effective date
of this Act.
(2) New ninth circuit.--The term ``new ninth circuit''
means the ninth judicial circuit of the United States
established by the amendment made by section 3(2)(A).
(3) Twelfth circuit.--The term ``twelfth circuit'' means
the twelfth judicial circuit of the United States established
by the amendment made by section 3(2)(B).
SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS.
Section 41 of title 28, United States Code, is amended--
(1) in the matter preceding the table, by striking
``thirteen'' and inserting ``fourteen''; and
[[Page S11232]]
(2) in the table--
(A) by striking the item relating to the ninth circuit and
inserting the following:
California, Guam, Hawaii, Northern Mariana Islands.'';.................
and
(B) by inserting after the item relating to the eleventh
circuit the following:
Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington.''.........
SEC. 4. JUDGESHIPS.
(a) New Judgeships.--The President shall appoint, by and
with the advice and consent of the Senate, 5 additional
circuit judges for the new ninth circuit court of appeals,
whose official duty station shall be in California.
(b) Temporary Judgeships.--
(1) Appointment of judges.--The President shall appoint, by
and with the advice and consent of the Senate, 2 additional
circuit judges for the former ninth circuit court of appeals,
whose official duty stations shall be in California.
(2) Effect of vacancies.--The first 2 vacancies occurring
on the new ninth circuit court of appeals 10 years or more
after judges are first confirmed to fill both temporary
circuit judgeships created by this subsection shall not be
filled.
(c) Effective Date.--This section shall take effect on the
date of the enactment of this Act.
SEC. 5. NUMBER OF CIRCUIT JUDGES.
The table contained in section 44(a) of title 28, United
States Code, is amended--
(1) by striking the item relating to the ninth circuit and
inserting the following:
``Ninth.......................................................20'';....
and
(2) by inserting after the item relating to the eleventh
circuit the following:
``Twelfth.....................................................14''.....
SEC. 6. PLACES OF CIRCUIT COURT.
The table contained in section 48(a) of title 28, United
States Code, is amended--
(1) by striking the item relating to the ninth circuit and
inserting the following:
Honolulu, Pasadena, San Francisco.'';..................................
and
(2) by inserting after the item relating to the eleventh
circuit the following:
Las Vegas, Missoula, Phoenix, Portland, Seattle.''.....................
SEC. 7. LOCATION OF TWELFTH CIRCUIT HEADQUARTERS.
The offices of the Circuit Executive of the Twelfth Circuit
and the Clerk of the Court of the Twelfth Circuit shall be
located in Phoenix, Arizona.
SEC. 8. ASSIGNMENT OF CIRCUIT JUDGES.
Each circuit judge of the former ninth circuit who is in
regular active service and whose official duty station on the
day before the effective date of this Act--
(1) is in California, Guam, Hawaii, or the Northern Mariana
Islands shall be a circuit judge of the new ninth circuit as
of such effective date; and
(2) is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon,
or Washington shall be a circuit judge of the twelfth circuit
as of such effective date.
SEC. 9. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.
Each judge who is a senior circuit judge of the former
ninth circuit on the day before the effective date of this
Act may elect to be assigned to the new ninth circuit or the
twelfth circuit as of such effective date and shall notify
the Director of the Administrative Office of the United
States Courts of such election.
SEC. 10. SENIORITY OF JUDGES.
The seniority of each judge--
(1) who is assigned under section 8, or
(2) who elects to be assigned under section 9,
shall run from the date of commission of such judge as a
judge of the former ninth circuit.
SEC. 11. APPLICATION TO CASES.
The following apply to any case in which, on the day before
the effective date of this Act, an appeal or other proceeding
has been filed with the former ninth circuit:
(1) Except as provided in paragraph (3), if the matter has
been submitted for decision, further proceedings with respect
to the matter shall be had in the same manner and with the
same effect as if this Act had not been enacted.
(2) If the matter has not been submitted for decision, the
appeal or proceeding, together with the original papers,
printed records, and record entries duly certified, shall, by
appropriate orders, be transferred to the court to which the
matter would have been submitted had this Act been in full
force and effect at the time such appeal was taken or other
proceeding commenced, and further proceedings with respect to
the case shall be had in the same manner and with the same
effect as if the appeal or other proceeding had been filed in
such court.
(3) If a petition for rehearing en banc is pending on or
after the effective date of this Act, the petition shall be
considered by the court of appeals to which it would have
been submitted had this Act been in full force and effect at
the time that the appeal or other proceeding was filed with
the court of appeals.
SEC. 12. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES AMONG
CIRCUITS.
Section 291 of title 28, United States Code, is amended by
adding at the end the following:
``(c) The chief judge of the Ninth Circuit may, in the
public interest and upon request by the chief judge of the
Twelfth Circuit, designate and assign temporarily any circuit
judge of the Ninth Circuit to act as circuit judge in the
Twelfth Circuit.
``(d) The chief judge of the Twelfth Circuit may, in the
public interest and upon request by the chief judge of the
Ninth Circuit, designate and assign temporarily any circuit
judge of the Twelfth Circuit to act as circuit judge in the
Ninth Circuit.''.
SEC. 13. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES AMONG
CIRCUITS.
Section 292 of title 28, United States Code, is amended by
adding at the end the following:
``(f) The chief judge of the United States Court of Appeals
for the Ninth Circuit may in the public interest--
``(1) upon request by the chief judge of the Twelfth
Circuit, designate and assign 1 or more district judges
within the Ninth Circuit to sit upon the Court of Appeals of
the Twelfth Circuit, or a division thereof, whenever the
business of that court so requires; and
``(2) designate and assign temporarily any district judge
within the Ninth Circuit to hold a district court in any
district within the Twelfth Circuit.
``(g) The chief judge of the United States Court of Appeals
for the Twelfth Circuit may in the public interest--
``(1) upon request by the chief judge of the Ninth Circuit,
designate and assign 1 or more district judges within the
Twelfth Circuit to sit upon the Court of Appeals of the Ninth
Circuit, or a division thereof, whenever the business of that
court so requires; and
``(2) designate and assign temporarily any district judge
within the Twelfth Circuit to hold a district court in any
district within the Ninth Circuit.
``(h) Any designations or assignments under subsection (f)
or (g) shall be in conformity with the rules or orders of the
court of appeals of, or the district within, as applicable,
the circuit to which the judge is designated or assigned.''.
SEC. 14. ADMINISTRATION.
The court of appeals for the ninth circuit as constituted
on the day before the effective date of this Act may take
such administrative action as may be required to carry out
this Act and the amendments made by this Act. Such court
shall cease to exist for administrative purposes 2 years
after the date of enactment of this Act.
SEC. 15. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act, including funds for
additional court facilities.
SEC. 16. EFFECTIVE DATE.
Except as provided in section 4(c), this Act and the
amendments made by this Act shall take effect 12 months after
the date of enactment of this Act.
______
By Mr. SALAZAR (for himself and Mr. Allard):
S. 1848. A bill to promote remediation of inactive and abandoned
mines, and for other purposes; to the Committee on Environment and
Public Works.
Mr. SALAZAR. Mr. President, I rise to make a statement regarding an
important bill I am introducing today. It is a bill that is meant to
provide a straightforward and commonsense fix to a nettlesome problem
that plagues communities throughout the west: pollution from abandoned
mines.
The bill simply says that we should make life easier for Good
Samaritans. Surprisingly, that is not currently the case.
The Western United States is pockmarked with old mines and mining
residues, and many of these sites continuously pollute the water, the
land, and the air. Our rivers and streams suffer particularly from this
type of pollution.
In many cases, no one alive is legally responsible for cleaning these
sites. In other cases, those who are legally responsible lack the money
or other resources necessary to clean them up, and the pollution
continues.
Fortunately, some people and some companies are willing to clean up
mine sites in whole or in part, even though they are not legally
responsible. These are Good Samaritans.
They act for many reasons. Some are people who live nearby and suffer
directly from the pollution. Others are companies that want to perform
a service to the community and to address less fortunate aspects of the
history of the mining industry. Still others act for other reasons.
Unfortunately, though, our environmental laws create great risks of
broad, long term, and very expensive liabilities for anyone who acts at
a mine site, even if they act only as Good Samaritans. This problem
understandably dissuades Good Samaritans from cleaning mine sites.
[[Page S11233]]
My bill is designed to fix this problem. It is written to encourage
meritorious projects to proceed provided they have the full approval of
the governments involved and full participation by the public--all to
benefit the environment.
This bill intentionally is simple and intentionally straightforward.
No Good Samaritan project will proceed unless it creates a true,
overall environmental benefit. No project will gain approval unless the
U.S. Environmental Protection Agency, the state involved, and local
authorities affected agree that it is a good thing. The public will be
fully involved in the process from the very beginning.
And, finally, the permit system and the standards in the bill are
intentionally uncomplicated, so that permits for simple projects can be
issued using simple proceedings.
My idea is to make clear that the work of Good Samaritans is very
welcome. Some cleanup of the environment in these circumstances is far
better than none at all.
The bill encourages Good Samaritans to clean pollution by freeing
them from the large environmental liabilities that ordinarily burden
anyone who acts to fix the pollution.
The bill applies to the cleanup of non-coal inactive and abandoned
mines anywhere in the United States.
Its approach--which wraps all environmental requirements for a Good
Samaritan project into a single permit that must be agreed to first by
the Federal Government, the affected State, and local communities--is
straightforward.
Its inclusion of the states and local communities as well as the
affected publics--including by assuring that State and local
authorities have a say in the provision of any permit--are based on the
best traditions of the west.
And its impact is clear--only projects that benefit the environment
will be permitted, and the work done pursuant to that permit will be
afforded clear legal protection.
I am proud of this bill. It is the result of a series of meetings I
held around my state earlier this year. And it is endorsed by the
National Mining Association, the Colorado Mining Association, and the
Great State of Colorado.
It is the right thing to do, and I look forward to working with my
colleagues to ensure its enactment.
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. 1848
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 ``Cleanup of Inactive and
Abandoned Mines Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Federal Government and State governments encouraged
hard rock mining in the United States through a wide variety
of laws, policies, and actions;
(2) the mining activities that took place disturbed public
and private land, and those disturbances led to considerable
environmental pollution;
(3) many areas in which hard rock mining took place in the
United States are now inactive and abandoned mine sites;
(4) many inactive and abandoned mine sites pollute the
environment today and will continue to do so indefinitely
unless remediated;
(5) adits and other tunnels will continue to drain
pollutants to surface and ground water through gravity flow;
(6) surface runoff will continue to pick up pollutants as
the runoff moves over disturbed ground and transports
pollutants to surface waters; and
(7) tailings and other materials left exposed to the
elements will continue to blow in the wind and pollute the
atmosphere and soils;
(8) many of the individuals and corporate owners and
operators of those mines, who caused this pollution, are no
longer alive or in existence;
(9) some of the remaining owners and operators who remain
do not have resources that are adequate to conduct
remediation properly under applicable environmental laws, for
all practical purposes leaving no one responsible for the
cleanup of pollution from those sites;
(10) inactive and abandoned mine sites are located in areas
of known economic mineralization;
(11) modern mining activities often take place on or in the
vicinity of the area in which historic hard rock mining
activities took place;
(12) from time to time, individuals and companies are
willing to remediate historic mine sites for the public good
as Good Samaritans, despite the fact that these individuals
and companies are not legally required to remediate the mine
sites;
(13) Good Samaritan remediation activities may--
(A) vary in size and complexity;
(B) reflect the myriad ways that mine residue may be
cleaned up; and
(C) include, among other activities--
(i) the relocation or management of tailings or other waste
piles;
(ii) passive or active water treatment;
(iii) runoff or run-on controls; and
(iv) the use or reprocessing of, or removal of materials
from, mine residue;
(14) the potential environmental liabilities that may
attach to those Good Samaritans as a result of the
remediation can dissuade those Good Samaritans from acting
for the public good;
(15) it is in the interest of the United States, the
States, and local communities to remediate historic mine
sites, in appropriate circumstances and to the maximum extent
practicable, so that the environmental impacts of the sites
are lessened into the future; and
(16) if appropriate protections are provided for Good
Samaritans, Good Samaritans will have a greater incentive to
remediate those sites for the public good.
(b) Purposes.--The purposes of this Act are--
(1) to encourage partial or complete remediation of
inactive and abandoned mining sites for the public good by
persons who are not otherwise legally responsible for the
remediation;
(2) to provide appropriate protections for Good Samaritans
under applicable environmental laws;
(3) to ensure that remediation performed by Good Samaritans
creates actual and significant environmental benefits;
(4) to ensure that remediation by Good Samaritans is
carried out--
(A) with the approval and agreement, and in the discretion,
of affected Federal, State, and local authorities and with
review by the public; and
(B) in a manner that is beneficial to the environment and
all affected communities; and
(5) to create an efficient permit process under which the
cost and complexity of obtaining a permit are commensurate
with the scope of remediation work to be completed and the
environmental benefits from the work;
(6) to avoid permitting for ongoing, for-profit businesses
that specialize in multiple Good Samaritan projects that are
designed to be permitted outside otherwise applicable
Federal, State, and local environmental laws; and
(7) to ensure that the protections for Good Samaritans
provided in this Act are interpreted in accordance with the
purposes of this Act and to enhance the public good.
SEC. 3. REMEDIATION OF INACTIVE OR ABANDONED MINES BY GOOD
SAMARITANS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Cooperating agency.--The term ``cooperating agency''
means any Federal, State, or local agency or other person
(other than the Administrator) that--
(A) is authorized under Federal or State law, or local
ordinance, to participate in issuing a permit under this
section; and
(B) elects to participate in the process of issuing the
permit.
(3) Environmental law.--The term ``environmental law''
includes--
(A) the Toxic Substances Control Act (15 U.S.C. 2601 et
seq.);
(B) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(C) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(D) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(E) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
(F) the Clean Air Act (42 U.S.C. 7401 et seq.);
(G) the Uranium Mill Tailings Radiation Control Act of 1978
(42 U.S.C. 7901 et seq.);
(H) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(I) applicable environmental laws of a State; and
(J) applicable environmental ordinances of a political
subdivision of a State.
(4) Good samaritan.--The term ``Good Samaritan'' means a
person that--
(A) is unrelated, by operation or ownership (except solely
through succession to title), to the historic mine residue to
be remediated under this section;
(B) had no role in the creation of the historic mine
residue;
(C) had no significant role in the environmental pollution
caused by the historic mine residue; and
(D) is not liable under any Federal, State, or local law
for the remediation of the historic mine residue.
(5) Historic mine residue.--
(A) In general.--The term ``historic mine residue'' means
mine residue or conditions at an inactive or abandoned mine
site that pollute the environment.
[[Page S11234]]
(B) Inclusions.--The term ``historic mine residue'' may
include, among other materials--
(i) ores;
(ii) minerals;
(iii) equipment (or materials in equipment);
(iv) wastes from extractions, beneficiation, or other
processing; and
(v) acidic or otherwise polluted flows in surface or ground
water.
(6) Inactive or abandoned mine site; mine site.--The terms
``inactive or abandoned mine site'' and ``mine site'' mean
the site of a mine and associated facilities that--
(A) were used for the production of a mineral other than
coal;
(B) have historic mine residue; and
(C) are abandoned or inactive as of the date on which an
application is submitted for a permit under this section.
(7) 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).
(8) Person.--The term ``person'' includes--
(A) an individual;
(B) a firm;
(C) a corporation;
(D) an association;
(E) a partnership;
(F) a consortium;
(G) a joint venture;
(H) a commercial entity;
(I) a nonprofit organization;
(J) the Federal Government;
(K) a State;
(L) a political subdivision of a State;
(M) an interstate entity; and
(N) a commission.
(9) State.--The term ``State'' means--
(A) a State; and
(B) an Indian tribe.
(b) Permits.--The Administrator may issue a permit to a
Good Samaritan to carry out a project to remediate all or
part of an inactive or abandoned mine site in accordance with
this section.
(c) Eligibility for Permits.--
(1) In general.--To be eligible for a permit to carry out a
project to remediate an inactive or abandoned mine site in a
State under this section--
(A) the mine site shall be located in the United States;
(B) the principal purpose of the project shall be the
reduction of pollution caused by historic mine residue;
(C) the mine site may not be a mine site included on the
national priorities list under section 105(a)(8)(B) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)) except in a
case in which the Administrator determines, on a case-by-case
basis, that--
(i) the remediation project proposed to be carried out at
the mine site is minor as compared to all remediation
activity needed at the listed mine site;
(ii) the conduct of the proposed remediation project at the
listed mine site will not interfere with any other
remediation at the mine site that is reasonably likely to
occur; and
(iii) except for the remediation project proposed by the
Good Samaritan at the mine site under this Act, there is not
likely to be remediation of the historic mine residue that is
the subject of the project at the listed mine site in the
reasonably foreseeable future;
(D) the permit shall authorize only those activities that
are directly required for the remediation of historic mine
residue at the mine site;
(E) the person obtaining the permit shall be a Good
Samaritan; and
(F) a State remediation program described in subsection (d)
shall be in effect for remediation of the mine site.
(2) Other activities.--Any activity other than the
activities described in paragraph (1)(D) conducted by the
permittee or any other person at the mine site (including,
without limitation, any mining or processing in addition to
that required for the remediation of historic mine residue
for the public good)--
(A) shall not be authorized under a permit issued under
this section; and
(B) may be authorized under other applicable laws,
including environmental laws.
(d) State Remediation Program.--
(1) In general.--Before a permit may be issued to carry out
a project in a State under this section, the State shall have
in effect a State remediation program that meets the
requirements of this subsection.
(2) Requirements.--To meet the requirements of this
subsection, under the State remediation program, the State
shall--
(A) agree to participate, as a signatory, in each project
for a which a permit for remediation in the State is issued
under this section;
(B) agree that a permittee shall comply with the terms and
conditions of the permit in lieu of compliance with
applicable environmental laws specifically described in the
permit in accordance with subsection (h)(1)(B);
(C) authorize State agencies and political subdivisions of
the State to participate in the permit process under this
section, as appropriate, and assist in providing the
resources to enable that participation; and
(D) designate a lead State agency that is responsible to
carry out permitting responsibilities of the State under this
section.
(e) Application for Permits.--To obtain a permit to carry
out a project to remediate an inactive or abandoned mine site
under this section, an applicant shall submit to the
Administrator an application, signed by the applicant, that
provides--
(1) a description of the mine site (including the
boundaries of the mine site);
(2) an identification of--
(A) any current owner or operator of the mine site; and
(B) any person with a legal right to exclude other persons
from the mine site or affect activities on the mine site,
with a description of those legal rights;
(3) evidence satisfactory to the Administrator that the
applicant has or will acquire all legal rights necessary to
enter the mine site and to perform the remediation described
in the application;
(4) a description, based on the conduct of an inquiry that
is reasonable under the circumstances, of--
(A) all persons that may be legally responsible for the
remediation of the mine site; and
(B) any relationship between those persons and the
applicant;
(5) a certification that the applicant knows of no other
person that (as of the date of submission of the
application)--
(A) is potentially legally responsible for the remediation
of the mine site; and
(B) has sufficient resources to complete the remediation;
(6) a detailed description of the historic mine residue to
be remediated;
(7) a description of the baseline conditions (as of the
date of submission of the application) of the environment
affected by the historic mine residue to be remediated;
(8) a description of--
(A) the nature and scope of the proposed remediation; and
(B) detailed engineering plans for the project;
(9) a description of the manner in which the remediation
will assist the mine site in meeting, to the maximum extent
reasonable and practicable under the circumstances, water
quality standards;
(10) a schedule for the work to be carried out under the
project;
(11) a budget for the work to be carried out under the
project;
(12) a description of financial assurances, if any, to be
provided by the permittee to ensure that the permitted work,
including any operation and maintenance, will be completed;
(13) a description of a monitoring program following
remediation (if any) that will be implemented to evaluate the
effects of the remediation on the environment;
(14) a detailed plan for the required operation and
maintenance of any remediation; and
(15) a list of all environmental laws for which the
applicant seeks the protection described in paragraphs (1)
and (2) of subsection (g).
(f) Permit Issuance.--
(1) In general.--The Administrator may issue a permit under
this section to carry out a project for the remediation of an
inactive or abandoned mine site in a State only if--
(A) the Administrator determines that--
(i) the project will improve the environment on or in the
area of the mine site to a significant degree, as determined
by the Administrator;
(ii) the project will not degrade any aspect of the
environment in any area to a significant degree;
(iii) the project will meet applicable water quality
standards, to the maximum extent reasonable and practicable
under the circumstances;
(iv) the permittee has the financial and other resources to
complete, and will complete, the permitted work; and
(v) the project meets the requirements of this section;
(B) the State concurs with the issuance of, and signs, the
permit;
(C) if the permit provides protection for the permittee
under an environmental law of a political subdivision of a
State in accordance with paragraphs (1) and (2) of subsection
(g), the political subdivision concurs with the issuance of,
and signs, the permit; and
(D) if the proposed project is to be carried out on Federal
land, each State (or political subdivision) within which the
Federal land is located meets the requirements of
subparagraphs (B) and (C).
(2) Discretionary actions.--The issuance of a permit by the
Administrator, and the concurrence of the affected State and
political subdivisions of a State to participate in the
permit process, shall be discretionary actions and shall be
taken in the public interest.
(3) Functional equivalency.--No action of the Administrator
or any other person pursuant to this section shall constitute
a major Federal action significantly affecting the quality of
the human environment under the National Environmental Policy
Act (42 U.S.C. 4321 et seq.).
(4) Deadline.--
(A) In general.--The Administrator shall issue or deny a
permit for the remediation of a mine site not later than--
(i) the date that is 180 days after the date of receipt by
the Administrator of an application for the permit that, as
determined by the Administrator, is complete; or
(ii) such later date as may be determined by the
Administrator with the agreement of the applicant.
[[Page S11235]]
(B) Constructive denial.--If the Administrator fails to
issue or deny the permit in accordance with subparagraph (A),
the application shall be considered to be denied by the
Administrator.
(5) Review for certain projects.--A project that, as
determined by the Administrator, would be less complex, or
pose less risk, than other projects under review by the
Administrator for a permit under this section, may be
reviewed, at the discretion of the Administrator, under a
more simple and rapid review process under this subsection.
(g) Effect of Permits.--
(1) In general.--A permit issued under this section to
carry out a project for the remediation of an inactive or
abandoned mine site--
(A) authorizes the permittee to carry out the activities
described in the permit;
(B) authorizes enforcement under this section; and
(C) provides to the permittee, in carrying out the
activities authorized under the permit, protection from
actions taken, obligations, and liabilities arising under the
environmental laws specified in the permit.
(2) Cross-compliance.--A permittee shall comply with the
terms and conditions of a permit issued under this section in
lieu of compliance with the environmental laws specified in
the permit with respect to the work authorized under the
permit.
(h) Content of Permits.--
(1) In general.--A permit issued under this section shall
contain--
(A) a detailed description of the engineering and other
work that is authorized under the permit;
(B) a specific list of environmental laws, or selected
provisions of environmental laws, with respect to which
compliance with the permit will operate in lieu of compliance
with the laws;
(C) a provision that states that the permittee is
responsible for securing, for all activities authorized under
the permit, all authorizations, licenses, and permits that
are required under applicable law, other than the
environmental laws described in subsection (g)(2); and
(D) any other terms and conditions that are determined to
be appropriate by the Administrator.
(2) Investigative sampling.--
(A) In general.--A permit may identify an appropriate
program of investigative sampling to be completed prior to
remediation, as determined by the Administrator upon
application.
(B) Option to decline remediation.--In the event that
investigative sampling is authorized, the permit may allow
the permittee to decline to undertake remediation based upon
sampling results.
(C) Permit modification.--Based upon sampling results, a
permittee may apply for a permit modification using the
permit procedures in this Act.
(3) Timing.--Work authorized under a permit shall--
(A) commence not later than the date that is 18 months
after the date of issuance of the permit; and
(B) continue until completed, with temporary suspensions
permitted during adverse weather or other conditions
specified in the permit.
(4) Signature by permittee.--The signature of the permittee
on the permit shall be considered to be an acknowledgment by
the permittee that the permittee accepts the terms and
conditions of the permit.
(5) Transfer of permits.--A permit may be transferred to
another person only if--
(A) the Administrator determines that the transferee will
satisfy all of the requirements of the permit;
(B) the transferee signs the permit; and
(C) the Administrator includes in the transferred permit
any additional conditions necessary to meet the goals of this
section.
(6) Termination of permit.--The authority to carry out work
under a permit issued under this section shall terminate if
the work does not commence by the date that is 18 months
after the date of issuance of the permit.
(i) Role of Administrator.--In carrying out this section,
the Administrator shall--
(1) consult with prospective applicants;
(2) accept permit applications under this section;
(3) convene, coordinate, and lead the application review
process;
(4) maintain all records relating to the permit and the
permit process;
(5) provide an opportunity for cooperating agencies and the
public to participate in the permit process;
(6) issue the permit under this section, if appropriate;
and
(7) enforce and otherwise carry out this section.
(j) Cooperating Agencies.--If the Administrator learns that
an application for the remediation of a mine site under this
section will be submitted to the Administrator, the
Administrator shall (as soon as practicable) provide a notice
of the application to--
(1) the lead State agency designated under subsection
(d)(2)(D);
(2) each local government located within a radius of 20
miles of the mine site; and
(3) each Federal and State agency that may have an interest
in the application.
(k) Public Participation.--
(1) Potential submission of applications.--If the
Administrator learns that an application for the remediation
of a mine site under this section will be submitted to the
Administrator, the Administrator shall (as soon as
practicable) provide to the public a notice that describes--
(A) the location of the mine site;
(B) the scope and nature of the proposed remediation; and
(C) the name of the Good Samaritan that will be carrying
out the proposed remediation.
(2) Receipt of application.--If the Administrator receives
an application for the remediation of a mine site under this
section, the Administrator shall (as soon as practicable)
provide to the public a notice that provides the information
described in paragraph (1).
(3) Hearing.--
(A) In general.--Not later than 45 days after the date of
receipt of a complete application for the remediation of a
mine site under this section, the Administrator shall hold a
hearing in the vicinity of the mine site to be remediated.
(B) Comments.--At the hearing, the Administrator shall
provide the applicant, the public, and cooperating agencies
with the opportunity to comment on the application.
(4) Notice of pending issuance.--Not less than 14 days
before the date of issuance of a permit for the remediation
of a mine site under this section, the Administrator shall
provide to the public and each cooperating agency notice of
the pending issuance of the permit.
(5) Public records.--All records relating to the permit and
the permit process shall be considered to be public records,
except to the extent the records are subject to a legal
privilege.
(l) Monitoring.--
(1) In general.--The permittee shall take such actions as
the Administrator determines are necessary to ensure
appropriate baseline and post-remediation monitoring of the
environment under paragraphs (7) and (13) of subsection (e).
(2) Administration.--When selecting the type and frequency
of the monitoring requirements to be included in a permit, if
any, the Administrator shall--
(A) balance the need for monitored information against the
cost of the monitoring, based on the circumstances relating
to the remediation; and
(B) take into account the scope of the project.
(3) Multiparty monitoring.--The Administrator may approve
in a permit the conduct of monitoring by multiple parties if,
as determined by the Administrator, the multiparty monitoring
will effectively accomplish the goals of this section.
(m) Enforcement.--
(1) Civil penalty.--Any person who violates a permit issued
under this section shall be subject to a civil penalty of up
to $10,000 for each day of the violation.
(2) Injunctions.--
(A) In general.--A court may issue an injunction--
(i) mandating that a person comply with a permit or take
action to abate a permit violation; or
(ii) prohibiting a person from violating a permit.
(B) Minimum requirement.--In the event of a permit
violation, and absent extraordinary circumstances, the court
shall, at a minimum, require--
(i) the permittee to repair the damage to any part of the
environment that is caused by an action of the permittee in
violation of the permit; and
(ii) the environment to be restored to the condition of the
environment prior to the action of the permittee in violation
of the permit.
(3) Agencies.--Any government agency that signs a permit
issued under this section may enforce the permit through
appropriate administrative or judicial proceedings.
(n) Judicial Review.--A court may set aside or modify an
action of the Administrator in issuing a permit under this
section, or an action of a State or political subdivision of
a State in signing a permit, only on clear and convincing
evidence of an abuse of discretion.
(o) Savings Provisions.--
(1) Emergency authority.--Nothing in this section affects
the authority of a Federal, State, or local agency to carry
out any emergency authority, including an emergency authority
provided under any environmental law listed in a permit.
(2) Liability.--Except to the extent that a permit provides
protection under an environmental law specified in a permit
in accordance with subsection (g)(1)(C), nothing in this
section or a permit issued under this section limits the
liability of any person (including a permittee) under any
other provision of law.
(p) Regulations.--
(1) In general.--The Administrator may promulgate such
regulations as are necessary to carry out this section.
(2) Effectiveness.--This section shall be effective
regardless of whether regulations are promulgated by the
Administrator under paragraph (1).
Mr. SALAZAR. Mr. President, I ask unanimous consent that the text of
the bills be printed in the Record.
There being no objection, the bills were ordered to be printed in the
Record, as follows:
S. 1850
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page S11236]]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rapid Efficiency Credit Act
of 2005''.
SEC. 2. ACCELERATION OF CERTAIN ENERGY INCOME TAX CREDITS.
Sections 1333(c), 1335(c), 1336(e), 1337(d), 1341(c), and
1342(c) of the Energy Policy Act of 2005 are each amended by
striking ``December 31, 2005'' and inserting ``the date of
the enactment of the Rapid Efficiency Credit Act of 2005''.
SEC. 3. CREDIT FOR ENERGY STAR COMPLIANT COMPACT FLUORESCENT
LIGHT BULBS.
(a) Allowance of Credit.--Subsection (a) of section 25D(a)
of the Internal Revenue Code of 1986 (relating to residential
energy efficient property) is amended--
(1) by striking ``and'' at the end of paragraph (2),
(2) by striking the period at the end of paragraph (3) and
inserting ``, and'', and
(3) by adding at the end the following new paragraph:
``(4) 30 percent of the qualified compact fluorescent light
expenditures made by the taxpayer during such year.''.
(b) Maximum Credit.--Subsection (b)(1) of section 25D of
such Code is amended--
(1) by striking ``and'' at the end of subparagraph (B),
(2) by striking the period at the end of subparagraph (C)
and inserting ``, and'', and
(3) by adding at the end the following new subparagraph:
``(D) $50 with respect to any qualified compact fluorescent
light expenditure.''.
(c) Definition.--Section 25D(d) of such Code is amended by
adding at the end the following new paragraph:
``(4) Qualified compact fluorescent light expenditure.--The
term `qualified compact fluorescent light expenditure' means
an expenditure for Energy Star compliant compact fluorescent
light bulbs for use in a dwelling unit located in the United
States and used as a residence by the taxpayer.''.
(d) Labor Costs Not Included.--Section 25D(e)(1) of such
Code is amended by inserting ``(other than paragraph (4)
thereof)'' after ``subsection (d)''.
(e) Effective Date.--The amendments made by this section
shall apply to property placed in service after the date of
the enactment of this Act, in taxable years ending after such
date.
S. 1851
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FUEL ECONOMY STANDARDS.
(a) In General.--Section 30123 of title 49, United States
Code, is amended by adding at the end the following:
``(d) Fuel Economy.--(1) Replacement tires for passenger
motor vehicles (as defined in section 32101 of this title)
shall meet the standards required for tires on new vehicles
under part 571 of title 49, Code of Federal Regulations,
including standards affecting fuel economy.
``(2) Nothing in this section shall apply to--
``(A) a tire, or a group of tires with the same SKU number,
plant, and year, for which the volume of tires produced or
imported annually is fewer than 15,000;
``(B) a deep tread, winter-type, snow tire, space saver
tire, or temporary use spare tire;
``(C) a tire with a normal rim measuring not more than 12
inches in diameter;
``(D) a motorcycle tire; or
``(E) a tire manufactured specifically for use in an off-
road motorized recreational vehicle.''.
(b) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
issue a final rule regarding policies and procedures for
testing and labeling tires for fuel economy that--
(1) secures the maximum technically feasible and cost-
effective fuel savings;
(2) does not adversely affect tire safety;
(3) does not adversely affect average tire life; and
(4) establishes minimum fuel economy standards for tires.
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on the expiration of the date that is 180
days after the date of enactment of this Act.
S. 1852
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 ``Reducing the Incentives to
Guzzle Gas Act''.
SEC. 2. INCLUSION OF HEAVY VEHICLES IN LIMITATION ON
DEPRECIATION OF CERTAIN LUXURY AUTOMOBILES.
(a) In General.--Section 280F(d)(5)(A) of the Internal
Revenue Code of 1986 (defining passenger automobile) is
amended--
(1) by striking clause (ii) and inserting the following new
clause:
``(ii)(I) which is rated at 6,000 pounds unloaded gross
vehicle weight or less, or
``(II) which is rated at more than 6,000 pounds but not
more than 14,000 pounds gross vehicle weight.'',
(2) by striking ``clause (ii)'' in the second sentence and
inserting ``clause (ii)(I)''.
(b) Exception for Vehicles Used in Farming Business.--
Section 280F(d)(5)(B) of such Code (relating to exception for
certain vehicles) is amended by striking ``and'' at the end
of clause (ii), by redesignating clause (iii) as clause (iv),
and by inserting after clause (ii) the following new clause:
``(iii) any vehicle used in a farming business (as defined
in section 263A(e)(4), and''.
(c) Effective Date.--The amendments made by this section
shall apply to property placed in service after the date of
the enactment of this Act.
SEC. 3. UPDATED DEPRECIATION DEDUCTION LIMITS.
(a) In General.--Subparagraph (A) of section 280F(a)(1) of
the Internal Revenue Code of 1986 (relating to limitation on
amount of depreciation for luxury automobiles) is amended to
read as follows:
``(A) Limitation.--The amount of the depreciation deduction
for any taxable year shall not exceed for any passenger
automobile--
``(i) for the 1st taxable year in the recovery period--
``(I) described in subsection (d)(5)(A)(ii)(I), $4,000,
``(II) described in the second sentence of subsection
(d)(5)(A), $5,000, and
``(III) described in subsection (d)(5)(A)(ii)(II), $6,000,
``(ii) for the 2nd taxable year in the recovery period--
``(I) described in subsection (d)(5)(A)(ii)(I), $6,400,
``(II) described in the second sentence of subsection
(d)(5)(A), $8,000, and
``(III) described in subsection (d)(5)(A)(ii)(II), $9,600,
``(iii) for the 3rd taxable year in the recovery period--
``(I) described in subsection (d)(5)(A)(ii)(I), $3,850,
``(II) described in the second sentence of subsection
(d)(5)(A), $4,800, and
``(III) described in subsection (d)(5)(A)(ii)(II), $5,775,
and
``(iv) for each succeeding taxable year in the recovery
period--
``(I) described in subsection (d)(5)(A)(ii)(I), $2,325,
``(II) described in the second sentence of subsection
(d)(5)(A), $2,900, and
``(III) described in subsection (d)(5)(A)(ii)(II),
$3,475.''.
(b) Years After Recovery Period.--Section 280F(a)(1)(B)(ii)
of such Code is amended to read as follows:
``(ii) Limitation.--The amount treated as an expense under
clause (i) for any taxable year shall not exceed for any
passenger automobile--
``(I) described in subsection (d)(5)(A)(ii)(I), $2,325,
``(II) described in the second sentence of subsection
(d)(5)(A), $2,900, and
``(III) described in subsection (d)(5)(A)(ii)(II),
$3,475.''.
(c) Inflation Adjustment.--Section 280F(d)(7) of such Code
(relating to automobile price inflation adjustment) is
amended--
(1) by striking ``after 1988'' in subparagraph (A) and
inserting ``after 2006'', and
(2) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) Automobile price inflation adjustment.--For purposes
of this paragraph--
``(i) In general.--The automobile price inflation
adjustment for any calendar year is the percentage (if any)
by which--
``(I) the average wage index for the preceding calendar
year, exceeds
``(II) the average wage index for 2005.
``(ii) Average wage index.--The term `average wage index'
means the average wage index published by the Social Security
Administration.''.
(d) Effective Date.--The amendments made by this section
shall apply to property placed in service after the date of
the enactment of this Act.
SEC. 4. EXPENSING LIMITATION FOR FARM VEHICLES.
(a) In General.--Paragraph (6) of section 179(b) of the
Internal Revenue Code of 1986 (relating to limitations) is
amended to read as follows:
``(6) Limitation on cost taken into account for farm
vehicles.--The cost of any vehicle described in section
280F(d)(5)(B)(iii) for any taxable year which may be taken
into account under this section shall not exceed $30,000.''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after the date of
the enactment of this Act.
S. 1853
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 ``Reduce Government Fuel
Consumption Act of 2005''.
SEC. 2. REDUCTION OF EMPLOYEE VEHICLE FUEL CONSUMPTION BY
FEDERAL AGENCIES.
Section 543 of the National Energy Conservation Policy Act
(42 U.S.C. 8253) (as amended by section 103 of the Energy
Policy Act of 2005 (Public Law 109-58)) is amended by adding
at the end the following:
``(f) Reduction of Employee Vehicle Fuel Consumption by
Federal Agencies.--
``(1) In general.--Each agency shall take such actions as
are necessary to reduce the level of fuel consumed by
vehicles of employees of the agency (other than fuel used for
military purposes), in connection with the employment of the
employees, by (to the maximum extent practicable) at least 10
percent during the 1-year period beginning on the date of
enactment of this subsection.
[[Page S11237]]
``(2) Methods.--An agency may use such methods as the
agency determines are appropriate to achieve the target
established by paragraph (1), including--
``(A) telework;
``(B) carpooling;
``(C) bicycling and walking to work;
``(D) fuel-efficient trip planning;
``(E) public transportation use; and
``(F) limiting travel days for vehicle travel outside the
office.
``(3) Measurement.--An agency may use such measures as the
agency determines are appropriate to determine whether the
agency has achieved the target established by paragraph (1),
including--
``(A) a reduction in travel vehicle travel miles reimbursed
by the agency; and
``(B) certification of the methods described in paragraph
(2).''.
S. 1854
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 ``Treat Emergency Victims
Fairly Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Price gouging in emergencies, including natural
disasters and other emergencies, is reprehensible commercial
activity.
(2) Emergencies place great strains on commercial and
consumer relationships in the areas affected.
(3) Emergencies can strain commercial and consumer
relationships in areas beyond those directly damaged or
affected by the emergency.
(4) It is an unfortunate truth that some will try to take
advantage of others in emergency situations by price gouging
for consumer and other commercial goods or services.
(5) Price gouging can take place prior to, during, and
following natural disasters and other emergencies.
(6) Price gouging in commercial and consumer settings
affects interstate commerce.
(7) Price gouging--
(A) distorts markets without regard to State lines;
(B) disturbs and interferes with the flow of commodities
and services across State lines; and
(C) creates or exacerbates shortages and interruptions of
supplies of materials across State lines.
(8) It is in the interest of the United States to prohibit
and deter price gouging.
SEC. 3. DEFINITIONS.
In this Act:
(1) Emergency.--The term ``emergency'' means a natural
disaster or other circumstance or event that is formally
declared to be an emergency by Federal or State authorities.
An emergency may be associated with a designated area.
(2) Goods or services.--The term ``goods or services''
means goods or services of any type, including food,
transportation, housing, and energy supplies.
(3) Person.--The term ``person'' means a natural person,
corporation, governmental body, or other entity.
(4) Price gouging.--
(A) In general.--The term ``price gouging'' means charging
an unreasonable and unconscionable price for a good or
service immediately prior to, during, or following an
emergency.
(B) Presumption.--
(i) Affirmative.--A price for a good or service is presumed
to be unreasonable and unconscionable--
(I) in the designated area of an emergency if it reflects a
price increase at least 10 percent greater than the average
price for the good or service charged by the seller in the
designated area during the 30 days prior to the formal
declaration of the emergency; and
(II) outside the designated area of an emergency if the
price is affected by the emergency and if the price reflects
a price increase at least 10 percent greater than the average
price for the good or service charged by the seller in the
area of the sale during the 30 days prior to the formal
declaration of an emergency.
For purposes of subclause (II), a price is presumed to be
affected by the emergency if, within 30 days following the
declaration of the emergency, the price is at least 25
percent greater than the average price for the good or
service charged by the seller in the area of the sale during
the 30 days prior to the formal declaration of the emergency.
(ii) Negative.--A price for a good or service is not
unreasonable and unconscionable if it reflects only the cost
of the good or service to the seller prior to the emergency,
the average profit margin of the seller during the 30 days
prior to the formal declaration of an emergency, and the
increased costs actually incurred by the seller to sell the
good or service during or following the emergency.
SEC. 4. CAUSE OF ACTION.
(a) In General.--It shall be unlawful for any seller of
goods or services to engage in price gouging.
(b) Litigation.--A cause of action under this section may
be brought--
(1) in Federal or State court; and
(2) by the Federal Government, through the Attorney
General, or a State Government acting through its attorney
general.
(c) Venue and Procedure.--
(1) Federal court.--An action in Federal court under this
section may be brought in any court whose jurisdiction
includes--
(A) the geographic area in which price gouging is alleged
to have occurred; or
(B) the State which is a plaintiff in the action.
(2) State court.--An action in State court under this
section shall conform to State rules of procedure.
(d) Expedited Federal Consideration.--An action under this
section in Federal court shall receive expedited review.
(e) Investigations.--
(1) In general.--During the course of an investigation
under this section by the Attorney General of the United
States or a State attorney general, whether prior to filing
an action or during such an action, the investigating
attorney general may--
(A) order any person to file a statement, report in
writing, or answer questions in writing, under oath or
otherwise, concerning facts or circumstances reasonably
related to alleged price gouging;
(B) order any person to provide data or information the
attorney general reasonably deems to be necessary to an
investigation; and
(C) issue subpoenas to require the attendance of witnesses
or the production of relevant documents, administer oaths,
and conduct hearings in aid of the investigation.
(2) Enforcement.--A subpoena issued under this subsection
may be enforced in Federal or State court.
(3) Penalty.--Failure to comply with an order or subpoena
under this subsection is subject to a civil penalty of up to
$10,000.
(f) Limitation.--An action under this section shall be
brought not later than 3 years of the date of the sale of the
goods or services at issue.
SEC. 5. DAMAGES AND PENALTIES.
(a) In General.--A prevailing plaintiff shall be entitled
to--
(1) plaintiff's damages incurred as a result of the price
gouging, including without limitation a refund of all prices
paid by the plaintiff in excess of conscionable and
reasonable prices;
(2) injunctive relief prohibiting the defendant from price
gouging or mandating action; and
(3) attorneys fees and costs incurred by the plaintiff.
(b) Restitution.--The Attorney General of the United States
and a State attorney general, in an action brought on behalf
of the citizens of the United States or a State,
respectively, may recover restitution or disgorgement of
excess profits on behalf of those citizens.
(c) Civil Penalties.--
(1) In general.--A person who violates section 4(a) shall
be subject to civil penalties of up to $10,000 per incident.
(2) Disposition of penalties.--Civil penalties collected
through an action by the United States Attorney General shall
be deposited in the United States Treasury. Civil penalties
collected through an action by an attorney general of a State
shall be deposited in the State's treasury. The court may
apportion the deposit of civil penalties as appropriate in
the circumstances.
SEC. 6. ATTORNEY GENERAL AUTHORITIES.
The Attorney General of the United States shall--
(1) provide assistance to and cooperate with the States in
State investigations of price gouging and in State litigation
brought under this Act;
(2) create and disseminate guidelines designed to assist
the public to recognize and report price gouging and
establish a system to gather and disseminate information
about instances of reported price gouging; and
(3) provide grants to offices of the State attorneys
general of not greater than $50,000 in order to support the
pursuit of price gouging investigations and other activities.
SEC. 7. SAVINGS PROVISION.
This Act shall not preempt or otherwise affect any State or
local law.
____________________