[Congressional Record Volume 153, Number 44 (Wednesday, March 14, 2007)]
[Senate]
[Pages S3126-S3143]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. ROCKEFELLER:
  S. 873. A bill to amend the Internal Revenue Code of 1986 to provide 
a tax incentive to individuals teaching in elementary and secondary 
schools located in rural or high employment areas and to to individuals 
who achieve certification from the National Board for Professional 
Teaching Standards, and for other purposes; to the Committee on 
Finance.
  Mr. ROCKEFELLER. Mr. President, one of the key components to success 
in our classrooms is a qualified teacher. One of the provisions of the 
No Child Left Behind Act mandates the hiring of qualified teachers by 
every school in every district.
  But what are the incentives to keep qualified teachers in the 
classroom? I believe we need more targeted incentives to reward 
teachers willing to stay in the classroom, especially in rural schools 
and high poverty schools.
  Unfortunately, without our help, America's poor and rural schools may 
not be able to attract the qualified teachers this legislation mandates 
and our children deserve. Isolated, struggling and competing against 
higher paying well-funded school districts for scarce classroom talent, 
such school faces a shortage of qualified teachers. As pressure to hire 
qualified teachers increases, this shortage will become a crisis, and 
children already at a disadvantage in relation to their more affluent 
and less isolated peers will be the ones who suffer most.
  Today, I propose a bill that will help bring dedicated and qualified 
teaching professionals to West Virginia's and America's poor and rural 
schools, and help give their students the opportunity to learn and 
flourish that every child deserves. The Incentives To Educate American 
Children Act--or ``I Teach'' Act--will provide teachers a refundable 
tax credit every year they practice their profession in the public 
schools where they are needed most. And it will give every public 
school teacher--whichever school they choose--a refundable tax credit 
for earning certification by the National Board for Professional 
Teaching Standards. Together, these two tax credits will give 
economically depressed areas a better ability to recruit and retain 
skilled teachers.
  One-fourth of America's children attend public schools in rural 
areas, and of the 250 poorest counties in the United States, 244 are 
rural. West Virginia has rural schools scattered through 36 of its 55 
counties, and these schools face real challenges in recruiting and 
retaining teachers, as well as dealing with other issues related to 
their rural location.
  Attracting teachers to these schools is difficult in large part due 
to the vast gap between what rural districts are able to offer and the 
salaries paid by more affluent school districts--as wide as $20,000 a 
year, according to one study. Disadvantaged schools must overcome 
similar difficulties. It is often a challenge for these schools to 
attract and keep qualified teachers. Yet according to the 2001 No Child 
Left Behind Act, every school must have qualified teachers by the end 
of the 2005-2006 school year.
  My ``I Teach'' Act will reward teachers willing to work in rural or 
high poverty schools with an annual $1,000 refundable tax credit. If a 
teacher obtains certification by the National Board for Professional 
Teaching Standards, they will receive an additional annual $1,000 
refundable tax credit.
  Every teacher willing to work in underserved schools will earn a tax 
credit. Every teacher who gets certified will earn a tax credit. 
Teachers who work in rural or disadvantaged schools and get certified 
will earn both. Schools that desperately need help attracting teachers 
will get a boost. And children educated in poor and rural schools will 
benefit most.
  In my State of West Virginia, as in over 30 other States, there is 
already a State fiscal incentive for teachers who earn national board 
certification. There are over 55,000 teachers with a national board 
certificate, and 290 are West Virginia teachers. West Virginia offers 
our national board teachers a $2500 bonus. My legislation builds upon 
the West Virginia program; together, they add up to a powerful tax 
incentive for teachers to remain in the classroom and to use their 
skills where they are most needed.
  I have spent a great deal of time in West Virginia classrooms this 
year,

[[Page S3127]]

and it has become obvious to me that our education agenda suffers 
greatly from inadequate funding on a number of fronts. That is why I 
Teach is part of my education agenda. I also want to promote school 
construction bonds to improve our schools and renovate aging 
classrooms. For a decade, I have fought for the E-Rate program to 
provide $2.25 billion in discounts to connect our schools and libraries 
to modern technology.
  Education must be among our top national priorities, essential for 
every family with a child and vital for our economic and national 
security. I supported the bold goals and higher standards of the 2001 
No Child Left Behind Act, but they won't be met unless our schools have 
the teachers and resources they need. I am committed to working closely 
with my Senate colleagues this year to secure as much funding as 
possible for our children's education.
  As important as school construction and technology are in the 
classroom, neither can replace a qualified and motivated teacher; 
therefore making it easier for underserved schools to attract the 
teachers they need remains one of my most important objectives. I hope 
each of my colleagues will join me in supporting this important 
legislation which takes a great stride toward providing better 
education for every child in the United States.
                                 ______
                                 
      By Mr. DORGAN (for himself and Mr. Craig):
  S. 875. A bill to improve energ security of the United States through 
a 50 percent reduction in the oil intensity of the economy of the 
United States by 2030 and the prudent expansion of secure oil supplies, 
to be achieved by raising the fuel efficiency of the vehicular 
transportation fleet, increasing the availability of alternative fuel 
sources, fostering responsible oil exploration and production, and 
improving international arrangements to secure the global oil supply, 
and for other purposes; to the Committee on Finance.
  Mr. DORGAN. Mr. President, today I am pleased to be joined by Senator 
Craig to introduce legislation called the Security and Fuel Efficiency 
Act of 2007 or SAFE Energy Act. This legislation is a balanced plan 
with the overall goal to improve the energy security of the U.S. 
through a 50 percent reduction in the oil intensity of the economy by 
2030.
  What that means, plainly, is that if we used more than 4 barrels of 
oil in 1973 for every one unit of GDP and are using just over 2 barrels 
of oil per unit of GDP today, then under the provisions of the SAFE 
Energy Act we are striving to get down to 1 barrel of oil per GDP by 
2030. This is important to me because the United States remains 
dangerously dependent on foreign sources of oil. Today we import over 
60 percent of our oil from Iraq, Kuwait, Saudi Arabia, and other 
unstable regions of the world. This is very troubling to me.
  In the United States, we use about 67 percent of our oil to power our 
vehicles. This is the area where we are least secure and increasingly 
dependent. I am proposing along with my colleague, Senator Craig, a 
bipartisan, balanced approach to securing our future energy through 
reducing our dependence on foreign oil.
  Our proposal is grounded in four cornerstone principles. The first 
principle is achievable, stepped increases in fuel efficiency of the 
transportation fleet. The second principle promotes increased 
availability of alternative fuel sources and infrastructure. The third 
principle calls for expanded production and enhanced exploration of 
domestic and other secure oil and natural gas resources. Finally, the 
fourth principle improves the management of alliances to better secure 
global energy supplies.
  Senator Craig and I came together on this legislation because we 
believe that bolder energy security measures must be taken now to 
address our long-term security, economic growth and environmental 
protection. Producing much of our energy at home will also address 
other major challenges.
  There is no silver bullet to solving our energy dependence. Digging 
and drilling is a strategy I call yesterday forever. Conservation alone 
is not the answer. Renewable fuels hold promise, but we need to do much 
more here. We believe the combination of steps in the SAFE Energy Act 
sets the right pathway to U.S. energy security.
  I ask unanimous consent that the text of the Security and Fuel 
Efficiency Energy Act of 2007 be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 875

       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 ``Security 
     and Fuel Efficiency Energy Act of 2007'' or the ``SAFE Energy 
     Act of 2007''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

    TITLE I--INCREASED FUEL EFFICIENCY OF THE TRANSPORTATION SECTOR

Sec. 101. Definitions.
Sec. 102. Annual increase in average fuel economy standards.
Sec. 103. Tax credits for alternative motor vehicles and fuel-efficient 
              motor vehicles.
Sec. 104. Advanced technology motor vehicles manufacturing credit.
Sec. 105. Increase in maximum allowable gross weight for vehicles using 
              the National System of Interstate and Defense Highways.

    TITLE II--INCREASED USE OF ALTERNATIVE FUELS AND INFRASTRUCTURE

Sec. 201. Renewable fuel standard.
Sec. 202. Modification of credit for alternative fuel vehicle refueling 
              property.
Sec. 203. Ethanol-blend fuel infrastructure.
Sec. 204. Requirement to increase percentage of dual fueled 
              automobiles.
Sec. 205. Emerging biofuels.
Sec. 206. Biodiesel.
Sec. 207. Unconventional fossil fuels.
Sec. 208. Study of incentives for renewable fuels.

TITLE III--DEVELOPMENT AND INVENTORY OF CERTAIN OUTER CONTINENTAL SHELF 
                               RESOURCES

Sec. 301. Definition.
Sec. 302. Authorization of activities and exports involving hydrocarbon 
              resources by United States persons.
Sec. 303. Travel in connection with authorized hydrocarbon exploration 
              and extraction activities.
Sec. 304. Moratorium of oil and gas leasing in certain areas of the 
              Gulf of Mexico.
Sec. 305. Inventory of outer Continental Shelf oil and natural gas 
              resources off southeastern coast of the United States.
Sec. 306. Enhanced oil recovery.

                  TITLE IV--MANAGEMENT OF ENERGY RISKS

Sec. 401. Bureau of International Energy Policy.
Sec. 402. Strategic energy infrastructure equipment reserve.

    TITLE I--INCREASED FUEL EFFICIENCY OF THE TRANSPORTATION SECTOR

     SEC. 101. DEFINITIONS.

       (a) Definition of Automobile.--Section 32901(a)(3) of title 
     49, United States Code, is amended--
       (1) by striking ``4-wheeled''; and
       (2) by striking ``, and rated at--'' and all that follows 
     and inserting a period.
       (b) Definition of Passenger Automobile.--Section 
     32901(a)(16) of such title is amended by striking ``decides 
     by regulation--'' and all that follows through the period and 
     inserting ``determines by regulation, to have a significant 
     feature (except 4-wheel drive) designed for off-highway 
     operation.''.
       (c) Fuel Economy Information.--Section 32908(a) of such 
     title is amended--
       (1) in the subsection header, by striking ``Definitions'' 
     and inserting ``Definition''; and
       (2) by striking ``section--'' and all that follows through 
     ``(2)'' and inserting ``section, the term''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2010, and shall apply to 
     automobiles manufactured for model year 2012 and for each 
     subsequent model year.

     SEC. 102. ANNUAL INCREASE IN AVERAGE FUEL ECONOMY STANDARDS.

       (a) Fuel Efficiency Standards.--
       (1) In general.--Section 32902 of title 49, United States 
     Code, is amended by striking subsections (a) through (c) and 
     inserting the following:
       ``(a) In General.--Not later than 18 months before the 
     beginning of each model year beginning with model year 2012, 
     the Secretary of Transportation, by regulation, shall 
     prescribe average fuel economy standards for automobiles 
     manufactured by a manufacturer for that model year in 
     accordance with subsection (b). The Secretary of 
     Transportation shall prescribe separate average fuel economy 
     standards for different classes of automobiles. The Secretary 
     shall establish average fuel economy standards for medium-
     duty trucks that are consistent with the projected benefits 
     of hybridization. In this section, the term `medium-duty 
     truck' means a truck (as defined in section 30127) with a 
     gross vehicle weight between 10,000 and 26,000 pounds.
       ``(b) Annual Increases in Fuel Economy Standards.--

[[Page S3128]]

       ``(1) For model year 2012.--For model year 2012, the 
     average fuel economy standard for each class of automobiles 
     shall be the average combined highway and city miles per 
     gallon performance of all automobiles within that class of 
     automobiles in 2011 (rounded to the nearest 1/10 mile per 
     gallon).
       ``(2) For model years after model year 2012.--For each 
     model year beginning with model year 2013 and ending with 
     model year 2030, the average fuel economy attained by the 
     fleet of automobiles manufactured or sold in the United 
     States shall be at least 4 percent greater than the average 
     fuel economy standard for the fleet in the previous model 
     year (rounded to the nearest 1/10 mile per gallon).
       ``(c) Amending Fuel Economy Standards.--
       ``(1) In general.--Notwithstanding subsections (a) and (b), 
     the Secretary of Transportation may prescribe an average fuel 
     economy standard for a class of automobiles in a model year 
     that is lower than the standard required under subsection (b) 
     if the Secretary of Transportation, in consultation with the 
     National Academy of Sciences, determines that the average 
     fuel economy standard prescribed in accordance with 
     subsections (a) and (b) for that class of automobiles in that 
     model year--
       ``(A) is technologically not achievable;
       ``(B) cannot be achieved without materially reducing the 
     overall safety of automobiles manufactured or sold in the 
     United States and no offsetting safety improvements can be 
     practicably implemented for that model year; or
       ``(C) is shown not to be cost effective.
       ``(2) Maximum standard.--Any average fuel economy standard 
     prescribed for a class of automobiles in a model year under 
     paragraph (1) shall be the maximum standard that--
       ``(A) is technologically achievable;
       ``(B) can be achieved without materially reducing the 
     overall safety of automobiles manufactured or sold in the 
     United States; and
       ``(C) is cost effective.
       ``(3) Considerations in determination of cost 
     effectiveness.--In determining cost effectiveness under 
     paragraph (1)(C), the Secretary of Transportation shall take 
     into account the total value to the United States of reduced 
     petroleum use, including the value of reducing external costs 
     of petroleum use, using a value for such costs equal to 50 
     percent of the value of 1 gallon of gasoline saved or the 
     amount determined in an analysis of the external costs of 
     petroleum use that considers--
       ``(A) value to consumers;
       ``(B) economic security;
       ``(C) national security;
       ``(D) foreign policy;
       ``(E) the impact of oil use--
       ``(i) on sustained cartel rents paid to foreign suppliers;
       ``(ii) on long-run potential gross domestic product due to 
     higher normal-market oil price levels, including inflationary 
     impacts;
       ``(iii) on import costs, wealth transfers, and potential 
     gross domestic product due to increased trade imbalances;
       ``(iv) on import costs and wealth transfers during oil 
     shocks;
       ``(v) on macroeconomic dislocation and adjustment costs 
     during oil shocks;
       ``(vi) on the cost of existing energy security policies, 
     including the management of the Strategic Petroleum Reserve;
       ``(vii) on the timing and severity of the oil peaking 
     problem;
       ``(viii) on the risk, probability, size, and duration of 
     oil supply disruptions;
       ``(ix) on the strategic behavior of the Organization of the 
     Petroleum Exporting Countries and long-run oil pricing;
       ``(x) on the short term elasticity of energy demand and the 
     magnitude of price increases resulting from a supply shock;
       ``(xi) on oil imports, military costs, and related security 
     costs, including intelligence, homeland security, sea lane 
     security and infrastructure, and other military activities;
       ``(xii) on oil imports, diplomatic and foreign policy 
     flexibility, and connections to geopolitical strife, 
     terrorism, and international development activities;
       ``(xiii) all relevant environmental hazards under the 
     jurisdiction of the Environmental Protection Agency; and
       ``(xiv) on well-to-wheels urban and local air emissions of 
     pollutants and their uninternalized costs;
       ``(F) the impact of the oil or energy intensity of the 
     United States economy on the sensitivity of the economy to 
     oil price changes, including the magnitude of gross domestic 
     product losses in response to short term price shocks or long 
     term price increases;
       ``(G) the impact of United States payments for oil imports 
     on political, economic, and military developments in unstable 
     or unfriendly oil-exporting countries;
       ``(H) the uninternalized costs of pipeline and storage oil 
     seepage, and for risk of oil spills from production, 
     handling, and transport, and related landscape damage; and
       ``(I) additional relevant factors, as determined by the 
     Secretary.
       ``(4) Minimum valuation.--When considering the value to 
     consumers of a gallon of gasoline saved, the Secretary of 
     Transportation may not use a value less than the greatest 
     of--
       ``(A) the average national cost of a gallon of gasoline 
     sold in the United States during the 12-month period ending 
     on the date on which the new fuel economy standard is 
     proposed;
       ``(B) the most recent weekly estimate by the Energy 
     Information Administration of the Department of Energy of the 
     average national cost of a gallon of gasoline (all grades) 
     sold in the United States; or
       ``(C) the gasoline prices projected by the Energy 
     Information Administration for the 20-year period beginning 
     in the year following the year in which the standards are 
     established.''.
       (2) Conforming amendments.--Title 49, United States Code, 
     is amended--
       (A) in section 32902--
       (i) in subsection (d) by striking ``subsection (b) or (c) 
     of this section'' and inserting ``subsection (a), (b), or 
     (c)'';
       (ii) by striking subsection (f);
       (iii) in subsection (g)--

       (I) by striking ``subsection (a) or (d)'' and inserting 
     ``this section''; and
       (II) by striking ``(and submit the amendment to Congress 
     when required under subsection (c)(2) of this section)''; and

       (iv) in subsection (h) by striking ``subsections (c), (f), 
     and (g) of this section'' and inserting ``subsections (c) and 
     (g)'';
       (B) in section 32903--
       (i) by striking ``section 32902(b)-(d) of this title'' each 
     place it occurs and inserting ``subsections (a) through (d) 
     of section 32902''; and
       (ii) in subsection (e), by striking ``section 32902(a) of 
     this title'' and inserting ``subsections (a) through (d) of 
     section 32902''; and
       (C) in section 32904--
       (i) in subsection (a)--

       (I) by striking ``subject to--'' and all that follows 
     through ``(B) section 32902(a)-(d) of this title'' and 
     inserting ``subject to subsections (a) through (d) of section 
     32902''; and
       (II) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively;

       (ii) by striking subsection (b); and
       (iii) by redesignating subsections (c), (d), and (e) as 
     subsections (b), (c), and (d), respectively.
       (b) Repeal of Credit for Dual Fueled Automobiles.--
       (1) In general.--Section 32905 of title 49, United States 
     Code, is amended--
       (A) by amending subsection (b) to read as follows:
       ``(b) Dual Fueled Automobiles.--The Administrator of the 
     Environmental Protection Agency shall measure the fuel 
     economy for any model of dual fueled automobile manufactured 
     in model year 2012 and any model year thereafter, in 
     accordance with section 32904.''; and
       (B) by amending subsection (d) to read as follows:
       ``(d) Gaseous Fuel Dual Fueled Automobiles.--The 
     Administrator of the Environmental Protection Agency shall 
     measure the fuel economy for any model of gaseous fuel dual 
     fueled automobile manufactured in model year 2012 and any 
     model year thereafter, in accordance with section 32904.''.
       (2) Conforming amendments.--Such section 32905 is further 
     amended--
       (A) by repealing subsection (f); and
       (B) redesignating subsections (g) and (h) as subsections 
     (f) and (g), respectively.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2010.

     SEC. 103. TAX CREDITS FOR ALTERNATIVE MOTOR VEHICLES AND 
                   FUEL-EFFICIENT MOTOR VEHICLES.

       (a) Modifications to Alternative Motor Vehicle Credit.--
       (1) Elimination of limitation on number of new qualified 
     hybrid and advanced lean burn technology vehicles eligible 
     for full alternative motor vehicle tax credit.--
       (A) In general.--Section 30B of the Internal Revenue Code 
     of 1986 is amended--
       (i) by striking subsection (f); and
       (ii) by redesignating subsections (g) through (j), as 
     amended by subsection (a), as subsections (f) through (i), 
     respectively.
       (B) Conforming amendments.--
       (i) Paragraphs (4) and (6) of section 30B(g) of such Code, 
     as redesignated by paragraph (1)(B), are each amended by 
     striking ``(determined without regard to subsection (g))'' 
     and inserting ``(determined without regard to subsection 
     (f))''.
       (ii) Section 38(b)(25) of such Code is amended by striking 
     ``section 30B(g)(1)'' and inserting ``section 30B(f)(1)''.
       (iii) Section 55(c)(2) of such Code is amended by striking 
     ``section 30B(g)(2)'' and inserting ``section 30B(f)(2)''.
       (iv) Section 1016(a)(36) of such Code is amended by 
     striking ``section 30B(h)(4)'' and inserting ``section 
     30B(g)(4)''.
       (v) Section 6501(m) of such Code is amended by striking 
     ``section 30B(h)(9)'' and inserting ``section 30B(g)(9)''.
       (C) Effective date.--The amendments made by this subsection 
     shall apply to property placed in service after December 31, 
     2005, in taxable years ending after such date.
       (2) Extension of new qualified hybrid motor vehicle credit 
     for vehicles over 8,500 pounds.--Paragraph (3) of section 
     30B(i), as redesignated by subsection (a)(1)(B), is amended 
     by striking``2009'' and inserting ``2011''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to vehicles placed in service after the date of 
     the enactment of this Act.
       (b) Credit for New Qualified Fuel-Efficient Vehicles 
     Produced After 2010.--
       (1) In general.--Subpart B of part IV of subchapter A of 
     chapter 1 of the Internal

[[Page S3129]]

     Revenue Code of 1986 is amended by adding at the end the 
     following new section:

     ``SEC. 30D. NEW QUALIFIED FUEL-EFFICIENT MOTOR VEHICLE 
                   CREDIT.

       ``(a) In General.--There shall be allowed as a credit 
     against the tax imposed by this chapter for the taxable year 
     an amount equal to the amount determined under subsection (b) 
     with respect to each new qualified fuel-efficient motor 
     vehicle placed in service by the taxpayer during the taxable 
     year.
       ``(b) Credit Amount.--
       ``(1) Fuel economy.--
       ``(A) In general.--The credit amount determined under this 
     paragraph shall be determined in accordance with the 
     following table:


------------------------------------------------------------------------
   In the case of a vehicle which achieves a fuel economy
 (expressed as a percentage of the 2012 model year average    The credit
                fuel economy standard) of--                  amount is--
------------------------------------------------------------------------
At least 125 percent but less than 150 percent.............         $400
At least 150 percent but less than 175 percent.............         $800
At least 175 percent but less than 200 percent.............       $1,200
At least 200 percent but less than 225 percent.............       $1,600
At least 220 percent but less than 250 percent.............       $2,000
At least 250 percent.......................................       $2,400
------------------------------------------------------------------------

       ``(B) 2012 model year average fuel economy standard.--For 
     purposes of subparagraph (A), the 2012 model year average 
     fuel economy standard with respect to a vehicle shall be the 
     average fuel economy standard (determined on a gasoline 
     gallon equivalent basis) for such model year, as prescribed 
     by the Secretary of Transportation under section 32902 of 
     title 49, United States Code, with respect to the class to 
     which such vehicle belongs.
       ``(2) Conservation credit.--The amount determined under 
     paragraph (1) with respect to a new qualified fuel-efficient 
     motor vehicle shall be increased by the conservation credit 
     amount determined in accordance with the following table:


------------------------------------------------------------------------
                                                                 The
  In the case of a vehicle which achieves a lifetime fuel   conservation
      savings expressed in gallons of gasoline) of--           credit
                                                             amount is--
------------------------------------------------------------------------
At least 1,200 but less than 1,800........................          $250
At least 1,800 but less than 2,400........................          $500
At least 2,400 but less than 3,000........................          $750
At least 3,000............................................        $1,000
------------------------------------------------------------------------

       ``(c) New Qualified Fuel-Efficient Motor Vehicle.--For 
     purposes of this section, the term `new qualified fuel-
     efficient motor vehicle' means a passenger automobile or a 
     light truck--
       ``(1) described in subsections (c)(3), (d)(3), or (e)(3) of 
     section 30B,
       ``(2) which has received a certificate of conformity under 
     the Clean Air Act and meets or exceeds the equivalent 
     qualifying California low emission vehicle standard under 
     section 243(e)(2) of the Clean Air Act for that make and 
     model year, and
       ``(A) in the case of a vehicle having a gross vehicle 
     weight rating of 6,000 pounds or less, the Bin 5 Tier II 
     emission standard established in regulations prescribed by 
     the Administrator of the Environmental Protection Agency 
     under section 202(i) of the Clean Air Act for that make and 
     model year vehicle, and
       ``(B) in the case of a vehicle having a gross vehicle 
     weight rating of more than 6,000 pounds but not more than 
     8,500 pounds, the Bin 8 Tier II emission standard which is so 
     established,
       ``(3) the original use of which commences with the taxpayer 
     after December 31, 2010, and
       ``(4) which is acquired for use or lease by the taxpayer 
     and not for resale.
       ``(d) Other Definitions.--For purposes of this section--
       ``(1) Lifetime fuel savings.--The term `lifetime fuel 
     savings' means, in the case of any new qualified fuel-
     efficient motor vehicle, an amount equal to the excess (if 
     any) of--
       ``(A) 120,000 divided by the 2012 model year average fuel 
     economy standard for the vehicle class, over
       ``(B) 120,000 divided by the fuel economy for such vehicle.
       ``(2) Motor vehicle.--The term `motor vehicle' has the 
     meaning given such term by section 30(c)(2).
       ``(3) Fuel economy.--The fuel economy with respect to any 
     vehicle shall be measured in a manner which is substantially 
     similar to the manner fuel economy is measured in accordance 
     with procedures under part 600 of subchapter Q of chapter I 
     of title 40, Code of Federal Regulations, as in effect on the 
     date of the enactment of this section.
       ``(4) Other terms.--The terms `automobile', ``passenger 
     automobile'', ``medium duty passenger vehicle'', ``light 
     truck'', and `manufacturer' have the meanings given such 
     terms in regulations prescribed by the Administrator of the 
     Environmental Protection Agency for purposes of the 
     administration of title II of the Clean Air Act (42 U.S.C. 
     7521 et seq.).
       ``(e) Special Rules.--
       ``(1) Reduction in basis.--For purposes of this subtitle, 
     the basis of any property for which a credit is allowable 
     under subsection (a) shall be reduced by the amount of such 
     credit so allowed.
       ``(2) No double benefit.--
       ``(A) Coordination with other vehicle credits.--No credit 
     shall be allowed under subsection (a) with respect to any new 
     qualified fuel-efficient motor vehicle for any taxable year 
     if a credit is allowed with respect to such motor vehicle for 
     such taxable year under section 30 or 30B.
       ``(B) Other tax benefits.--The amount of any deduction or 
     credit (other than the credit allowable under this section 
     and any credit described in subparagraph (A)) allowable under 
     this chapter with respect to any new qualified fuel-efficient 
     motor vehicle shall be reduced by the amount of credit 
     allowed under subsection (a) for such motor vehicle for such 
     taxable year.
       ``(3) Property used outside the united states, etc., not 
     qualified.--No credit shall be allowable under subsection (a) 
     with respect to any property referred to in section 50(b)(1) 
     or with respect to the portion of the cost of any property 
     taken into account under section 179.
       ``(4) Election not to take credit.--No credit shall be 
     allowed under subsection (a) for any vehicle if the taxpayer 
     elects not to have this section apply to such vehicle.
       ``(f) Application With Other Credits.--
       ``(1) Business credit treated as part of general business 
     credit.--So much of the credit which would be allowed under 
     subsection (a) for any taxable year (determined without 
     regard to this subsection) that is attributable to property 
     of a character subject to an allowance for depreciation shall 
     be treated as a credit listed in section 38(b) for such 
     taxable year (and not allowed under subsection (a)).
       ``(2) Personal credit.--The credit allowed under subsection 
     (a) (after the application of paragraph (1)) for any taxable 
     year shall not exceed the excess (if any) of--
       ``(A) the regular tax liability (as defined in section 
     26(b)) reduced by the sum of the credits allowable under 
     subpart A and sections 27 and 30, over
       ``(B) the tentative minimum tax for the taxable year.
       ``(g) Regulations.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary shall promulgate such regulations as necessary to 
     carry out the provisions of this section.
       ``(2) Coordination in prescription of certain 
     regulations.--The Secretary of the Treasury, in coordination 
     with the Secretary of Transportation and the Administrator of 
     the Environmental Protection Agency, shall prescribe such 
     regulations as necessary to determine whether a motor vehicle 
     meets the requirements to be eligible for a credit under this 
     section.''.
       (2) Conforming amendments.--
       (A) Section 1016(a) of the Internal Revenue Code of 1986 is 
     amended by striking ``and'' at the end of paragraph (36), by 
     striking the period at the end of paragraph (37) and 
     inserting ``, and'', and by adding at the end the following 
     new paragraph:
       ``(38) to the extent provided in section 30D(e)(1).''.
       (B) Section 6501(m) of such Code is amended by inserting 
     ``30D(e)(4),'' after ``30C(e)(5),''.
       (C) The table of sections for subpart B of part IV of 
     subchapter A of chapter 1 of such Code is amended by adding 
     at the end the following new item:

``Sec. 30D. New qualified fuel-efficient motor vehicle credit.''.

       (3) Effective date.--The amendments made by this subsection 
     shall apply to vehicles placed in service after December 31, 
     2010.

     SEC. 104. ADVANCED TECHNOLOGY MOTOR VEHICLES MANUFACTURING 
                   CREDIT.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     foreign tax credit, etc.), as amended by this Act, is amended 
     by adding at the end the following new section:

     ``SEC. 30E. ADVANCED TECHNOLOGY MOTOR VEHICLES MANUFACTURING 
                   CREDIT.

       ``(a) Credit Allowed.--There shall be allowed as a credit 
     against the tax imposed by this chapter for the taxable year 
     an amount equal to 35 percent of so much of the qualified 
     investment of an eligible taxpayer for such taxable year as 
     does not exceed $75,000,000.
       ``(b) Qualified Investment.--For purposes of this section--
       ``(1) In general.--The qualified investment for any taxable 
     year is equal to the incremental costs incurred during such 
     taxable year--
       ``(A) to re-equip, expand, or establish any manufacturing 
     facility in the United States of the eligible taxpayer to 
     produce advanced technology motor vehicles or to produce 
     eligible components,
       ``(B) for engineering integration performed in the United 
     States of such vehicles and components as described in 
     subsection (d),
       ``(C) for research and development performed in the United 
     States related to advanced technology motor vehicles and 
     eligible components, and
       ``(D) for employee retraining with respect to the 
     manufacturing of such vehicles or components (determined 
     without regard to wages or salaries of such retrained 
     employees).
       ``(2) Attribution rules.--In the event a facility of the 
     eligible taxpayer produces both advanced technology motor 
     vehicles and conventional motor vehicles, or eligible and 
     non-eligible components, only the qualified

[[Page S3130]]

     investment attributable to production of advanced technology 
     motor vehicles and eligible components shall be taken into 
     account.
       ``(c) Advanced Technology Motor Vehicles and Eligible 
     Components.--For purposes of this section--
       ``(1) Advanced technology motor vehicle.--The term 
     `advanced technology motor vehicle' means--
       ``(A) any qualified electric vehicle (as defined in section 
     30(c)(1)),
       ``(B) any new qualified fuel cell motor vehicle (as defined 
     in section 30B(b)(3)),
       ``(C) any new advanced lean burn technology motor vehicle 
     (as defined in section 30B(c)(3)),
       ``(D) any new qualified hybrid motor vehicle (as defined in 
     section 30B(d)(2)(A) and determined without regard to any 
     gross vehicle weight rating),
       ``(E) any new qualified alternative fuel motor vehicle (as 
     defined in section 30B(e)(4), including any mixed-fuel 
     vehicle (as defined in section 30B(e)(5)(B)),
       ``(F) any other motor vehicle using electric drive 
     transportation technology (as defined in paragraph (3)), and
       ``(G) any new qualified fuel-efficient motor vehicle (as 
     defined in section 30D(c)).
       ``(2) Eligible components.--The term `eligible component' 
     means any component inherent to any advanced technology motor 
     vehicle, including--
       ``(A) with respect to any gasoline or diesel-electric new 
     qualified hybrid motor vehicle--
       ``(i) electric motor or generator,
       ``(ii) power split device,
       ``(iii) power control unit,
       ``(iv) power controls,
       ``(v) integrated starter generator, or
       ``(vi) battery,
       ``(B) with respect to any hydraulic new qualified hybrid 
     motor vehicle--
       ``(i) hydraulic accumulator vessel,
       ``(ii) hydraulic pump, or
       ``(iii) hydraulic pump-motor assembly,
       ``(C) with respect to any new advanced lean burn technology 
     motor vehicle--
       ``(i) diesel engine,
       ``(ii) turbocharger,
       ``(iii) fuel injection system, or
       ``(iv) after-treatment system, such as a particle filter or 
     NOx absorber, and
       ``(D) with respect to any advanced technology motor 
     vehicle, any other component submitted for approval by the 
     Secretary.
       ``(3) Electric drive transportation technology.--The term 
     `electric drive transportation technology' means technology 
     used by vehicles that use an electric motor for all or part 
     of their motive power and that may or may not use off-board 
     electricity, such as battery electric vehicles, fuel cell 
     vehicles, engine dominant hybrid electric vehicles, plug-in 
     hybrid electric vehicles, and plug-in hybrid fuel cell 
     vehicles.
       ``(d) Engineering Integration Costs.--For purposes of 
     subsection (b)(1)(B), costs for engineering integration are 
     costs incurred prior to the market introduction of advanced 
     technology vehicles for engineering tasks related to--
       ``(1) establishing functional, structural, and performance 
     requirements for component and subsystems to meet overall 
     vehicle objectives for a specific application,
       ``(2) designing interfaces for components and subsystems 
     with mating systems within a specific vehicle application,
       ``(3) designing cost effective, efficient, and reliable 
     manufacturing processes to produce components and subsystems 
     for a specific vehicle application, and
       ``(4) validating functionality and performance of 
     components and subsystems for a specific vehicle application.
       ``(e) Eligible Taxpayer.--For purposes of this section, the 
     term `eligible taxpayer' means any taxpayer if more than 50 
     percent of its gross receipts for the taxable year is derived 
     from the manufacture of motor vehicles or any component parts 
     of such vehicles.
       ``(f) Limitation Based on Amount of Tax.--The credit 
     allowed under subsection (a) for the taxable year shall not 
     exceed the excess of--
       ``(1) the sum of--
       ``(A) the regular tax liability (as defined in section 
     26(b)) for such taxable year, plus
       ``(B) the tax imposed by section 55 for such taxable year 
     and any prior taxable year beginning after 1986 and not taken 
     into account under section 53 for any prior taxable year, 
     over
       ``(2) the sum of the credits allowable under subpart A and 
     sections 27, 30, and 30B for the taxable year.
       ``(g) Reduction in Basis.--For purposes of this subtitle, 
     if a credit is allowed under this section for any expenditure 
     with respect to any property, the increase in the basis of 
     such property which would (but for this paragraph) result 
     from such expenditure shall be reduced by the amount of the 
     credit so allowed.
       ``(h) No Double Benefit.--
       ``(1) Coordination with other deductions and credits.--
     Except as provided in paragraph (2), the amount of any 
     deduction or other credit allowable under this chapter for 
     any cost taken into account in determining the amount of the 
     credit under subsection (a) shall be reduced by the amount of 
     such credit attributable to such cost.
       ``(2) Research and development costs.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     any amount described in subsection (b)(1)(C) taken into 
     account in determining the amount of the credit under 
     subsection (a) for any taxable year shall not be taken into 
     account for purposes of determining the credit under section 
     41 for such taxable year.
       ``(B) Costs taken into account in determining base period 
     research expenses.--Any amounts described in subsection 
     (b)(1)(C) taken into account in determining the amount of the 
     credit under subsection (a) for any taxable year which are 
     qualified research expenses (within the meaning of section 
     41(b)) shall be taken into account in determining base period 
     research expenses for purposes of applying section 41 to 
     subsequent taxable years.
       ``(i) Business Carryovers Allowed.--If the credit allowable 
     under subsection (a) for a taxable year exceeds the 
     limitation under subsection (f) for such taxable year, such 
     excess (to the extent of the credit allowable with respect to 
     property subject to the allowance for depreciation) shall be 
     allowed as a credit carryback and carryforward under rules 
     similar to the rules of section 39.
       ``(j) Special Rules.--For purposes of this section, rules 
     similar to the rules of section 179A(e)(4) and paragraphs (1) 
     and (2) of section 41(f) shall apply
       ``(k) Election Not to Take Credit.--No credit shall be 
     allowed under subsection (a) for any property if the taxpayer 
     elects not to have this section apply to such property.
       ``(l) Regulations.--The Secretary shall prescribe such 
     regulations as necessary to carry out the provisions of this 
     section.
       ``(m) Termination.--This section shall not apply to any 
     qualified investment after December 31, 2010.''.
       (b) Conforming Amendments.--
       (1) Section 1016(a) of the Internal Revenue Code of 1986 is 
     amended by striking ``and'' at the end of paragraph (36), by 
     striking the period at the end of paragraph (37) and 
     inserting ``, and'', and by adding at the end the following 
     new paragraph:
       ``(38) to the extent provided in section 30E(g).''.
       (2) Section 6501(m) of such Code is amended by inserting 
     ``30E(k),'' after ``30C(e)(5),''.
       (3) The table of sections for subpart B of part IV of 
     subchapter A of chapter 1 of such Code is amended by 
     inserting after the item relating to section 30D the 
     following new item:

``Sec. 30E. Advanced technology motor vehicles manufacturing credit.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts incurred in taxable years beginning 
     after December 31, 2006.

     SEC. 105. INCREASE IN MAXIMUM ALLOWABLE GROSS WEIGHT FOR 
                   VEHICLES USING THE NATIONAL SYSTEM OF 
                   INTERSTATE AND DEFENSE HIGHWAYS.

       (a) Special Rule for Vehicles With a Supplementary Sixth 
     Axle.--Not later than 180 days after the Secretary of 
     Transportation makes a positive determination under 
     subsection (d), the Secretary of Transportation shall 
     promulgate regulations, in accordance with section 127(a) of 
     title 23, United States Code, that set the maximum allowable 
     gross weight for a vehicle using the National System of 
     Interstate and Defense Highways at 97,000 pounds for vehicles 
     with a supplementary sixth axle.
       (b) Conditions on Regulations.--The regulations promulgated 
     under subsection (a)--
       (1) shall ensure that a loaded tractor trailer with a 
     supplementary sixth axle and a gross weight of not more than 
     97,000 pounds that is traveling at 60 miles per hour has a 
     stopping distance of not greater than 355 feet; and
       (2) shall not require a fundamental alteration of the 
     vehicle architecture that is common for use in the 
     transportation of goods as of the day before the date of the 
     enactment of this Act.
       (c) Study.--The Secretary of Transportation shall conduct a 
     study that--
       (1) analyzes the safety impacts of allowing significantly 
     longer and heavier vehicles to use the National System of 
     Interstate and Defense Highways than are allowed under 
     regulations in effect as of the day before the date of the 
     enactment of this Act; and
       (2) considers the potential impact on highway safety of 
     applying lower speed limits on such vehicles than the limits 
     in effect on the day before the date of the enactment of this 
     Act.
       (d) Determination.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of Transportation 
     shall determine whether allowing significantly longer and 
     heavier vehicles to use the National System of Interstate and 
     Defense Highways than are allowed as of the day before the 
     date of the enactment of this Act would have a material 
     impact on highway safety.

    TITLE II--INCREASED USE OF ALTERNATIVE FUELS AND INFRASTRUCTURE

     SEC. 201. RENEWABLE FUEL STANDARD.

       Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o) is 
     amended--
       (1) in paragraph (2)(B)--
       (A) by striking clause (i) and inserting the following:
       ``(i) Calendar years 2006 through 2020.--

       ``(I) Renewable fuel.--For the purpose of subparagraph (A), 
     subject to subclause (II), the applicable total volume for 
     any of calendar years 2006 through 2020 shall be determined 
     in accordance with the following table:

                            ``Applicable total volume of renewable fuel
Calendar year:                                (in billions of gallons):
  2006..........................................................4.0....

[[Page S3131]]

  2007..........................................................4.7....

  2008..........................................................7.1....

  2009..........................................................9.5....

  2010.........................................................12.0....

  2011.........................................................12.6....

  2012.........................................................13.2....

  2013.........................................................13.8....

  2014.........................................................14.4....

  2015.........................................................15.0....

  2016.........................................................18.0....

  2017.........................................................21.0....

  2018.........................................................24.0....

  2019.........................................................27.0....

  2020.........................................................30.0....

       ``(II) Cellulosic biomass ethanol.--For the purpose of 
     paragraph (1), of the total volume of renewable fuel required 
     under subclause (I), the applicable volume for any of 
     calendar years 2012 through 2020 for cellulosic biomass 
     ethanol shall be determined in accordance with the following 
     table:

                     ``Applicable volume of cellulosic biomass ethanol 
Calendar year:                               (in billions of gallons): 
  2012........................................................0.25 ....

  2013.........................................................1.0 ....

  2014.........................................................3.0 ....

  2015.........................................................5.0 ....

  2016.........................................................7.0 ....

  2017.........................................................9.0 ....

  2018........................................................11.0 ....

  2019........................................................13.0 ....

  2020......................................................15.0'';....

       (B) in clause (ii)--
       (i) in the clause heading, by striking ``2013'' and 
     inserting ``2021'';
       (ii) by striking ``2013'' and inserting ``2021''; and
       (iii) by striking ``2012'' and inserting ``2020'';
       (C) in clause (iii), by striking ``thereafter--'' and all 
     that follows through ``(II) the'' and inserting ``thereafter, 
     the'';
       (D) in clause (iv)--
       (i) by striking ``2013'' and inserting ``2021''; and
       (ii) in subclause (II)(bb), by striking ``2012'' and 
     inserting ``2020'';
       (2) in paragraph (3)--
       (A) in subparagraph (A), by striking ``2011'' and inserting 
     ``2019''; and
       (B) in subparagraph (B)(i), by striking ``2012'' and 
     inserting ``2020''; and
       (3) in paragraph (6)(A), by striking ``2012'' and inserting 
     ``2020''.

     SEC. 202. MODIFICATION OF CREDIT FOR ALTERNATIVE FUEL VEHICLE 
                   REFUELING PROPERTY.

       (a) Increase in Credit Amount.--
       (1) In general.--Subsection (a) of section 30C of the 
     Internal Revenue Code of 1986 (relating to alternative fuel 
     vehicle refueling property credit) is amended by striking 
     ``30 percent'' and inserting ``35 percent''.
       (2) Further increase for blender pumps.--
       (A) In general.--Section 30C(a) of such Code, as amended by 
     paragraph (1), is amended by inserting ``(40 percent in the 
     case of any qualified alternative fuel vehicle refueling 
     property which is a blender pump)'' after ``property''.
       (B) Blender pump.--Section 30C(c) of such Code is amended 
     by adding at the end the following new paragraph:
       ``(3) Blender pump.--The term `blender pump' means any fuel 
     pump which, with respect to any fuel described in paragraph 
     (1)(A)(i)--
       ``(A) sources ethanol and gasoline products from separate 
     underground storage tanks,
       ``(B) incorporates the use of inlet valves from such tanks 
     to enable varying amounts of ethanol and gasoline products to 
     be blended within a chamber in the pump, and
       ``(C) dispenses the various blends of ethanol and gasoline 
     products through separate hoses.''.
       (b) Credit Allowed for Blended Ethanol Other Than E85.--
     Subparagraph (A) of section 30C(c)(1) of the Internal Revenue 
     Code of 1986 (defining qualified alternative fuel vehicle 
     refueling property) is amended to read as follows:
       ``(A) at least--
       ``(i) 11 percent of the volume of which consists of 
     ethanol, or
       ``(ii) 85 percent of the volume of which consists of one or 
     more of the following: natural gas, compressed natural gas, 
     liquefied natural gas, liquified petroleum gas, or hydrogen, 
     or''.
       (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. 203. ETHANOL-BLEND FUEL INFRASTRUCTURE.

       Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is 
     amended by adding at the end the following:
       ``(11) Installation of ethanol-blend fuel pumps by covered 
     owners at stations.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Covered owner.--The term `covered owner' means any 
     person that, individually or together with any other person 
     with respect to which the person has an affiliate 
     relationship or significant ownership interest, owns 10 or 
     more retail station outlets, as determined by the Secretary.
       ``(ii) Ethanol-blend fuel.--The term `ethanol-blend fuel' 
     means a blend of gasoline not more than 85 percent, nor less 
     than 80 percent, of the content of which is derived from 
     ethanol produced in the United States, as defined by the 
     Secretary in a manner consistent with applicable standards of 
     the American Society for Testing and Materials.
       ``(iii) Secretary.--The term `Secretary' means the 
     Secretary of Energy, acting in consultation with the 
     Administrator and the Secretary of Agriculture.
       ``(B) Assessment.--Not later than 5 years after the date of 
     enactment of this paragraph, the Secretary shall make an 
     assessment of the progress made toward the creation of 
     adequate infrastructure for the production and distribution 
     of ethanol-blend fuel (including the creation of adequate 
     qualified alternative fuel vehicle refueling property that is 
     a blender pump).
       ``(C) Regulations.--If the Secretary determines (in the 
     assessment made under subparagraph (B)) that adequate 
     progress has not been made toward the creation of adequate 
     infrastructure for the production and distribution of 
     ethanol-blend fuel, the Secretary shall promulgate 
     regulations to ensure, to the maximum extent practicable, 
     that each covered owner installs or otherwise makes available 
     1 or more pumps that dispense ethanol-blend fuel (including 
     any other equipment necessary, such as tanks, to ensure that 
     the pumps function properly) at not less than the applicable 
     percentage of the retail station outlets of the covered owner 
     specified in subparagraph (D).
       ``(D) Applicable percentages.--For the purpose of 
     subparagraph (C), the applicable percentage of the retail 
     station outlets shall be--
       ``(i) during the 10-year period beginning on the date of 
     any determination made under subparagraph (C), 10 percent; 
     and
       ``(ii) after the 10-year period described in clause (i), 20 
     percent.
       ``(E) Financial responsibility.--In promulgating 
     regulations under subparagraph (C), the Secretary shall 
     ensure that each covered owner described in that subparagraph 
     assumes full financial responsibility for the costs of 
     installing or otherwise making available the pumps described 
     in that subparagraph and any other equipment necessary 
     (including tanks) to ensure that the pumps function properly.
       ``(F) Production credits for exceeding ethanol-blend fuel 
     pumps installation requirement.--
       ``(i) Earning and period for applying credits.--If the 
     percentage of the retail station outlets of a covered owner 
     at which the covered owner installs ethanol-blend fuel pumps 
     in a particular calendar year exceeds the percentage required 
     under subparagraph (D), the covered owner shall earn credits 
     under this paragraph, which may be applied to any of the 3 
     consecutive calendar years immediately after the calendar 
     year for which the credits are earned.
       ``(ii) Trading credits.--A covered owner that has earned 
     credits under clause (i) may sell credits to another covered 
     owner to enable the purchaser to meet the requirement under 
     subparagraph (D).''.

     SEC. 204. REQUIREMENT TO INCREASE PERCENTAGE OF DUAL FUELED 
                   AUTOMOBILES.

       (a) In General.--Section 32902 of title 49, United States 
     Code, is amended by inserting after subsection (e) the 
     following:
       ``(f) Requirement for Annual Increase in Duel Fueled 
     Automobiles.--Each manufacturer shall ensure that the 
     percentage of automobiles manufactured by such manufacturer 
     in each of model years 2012 through 2022 that are dual fueled 
     automobiles is not less than 10 percentage points greater 
     than the percentage of automobiles manufactured by such 
     manufacturer in the previous model year that are dual fueled 
     automobiles.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date specified in section 102(c).

     SEC. 205. EMERGING BIOFUELS.

       (a) Establishment of Incentive Program.--The Secretary of 
     Energy (referred to in this section as the ``Secretary'') 
     shall establish a program under which the Secretary shall 
     provide to eligible entities such incentives (including 
     grants, tax credits, loans, and loan guarantees) as the 
     Secretary determines to be appropriate for the production of 
     cellulosic ethanol and other emerging biofuels derived from 
     renewable sources (including municipal solid waste).
       (b) Application.--To be eligible to receive an incentive 
     under this section, an eligible entity shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require, 
     including--
       (1) a description of the project for which the incentive 
     will be used;
       (2) a description of the use by the eligible entity of the 
     incentive; and
       (3) an estimate of the annual production using the 
     incentive by the eligible entity of cellulosic ethanol or 
     another biofuel, expressed on a per-gallon basis.
       (c) Selection Requirements.--
       (1) Minimum number of incentives.--The Secretary shall 
     provide incentives under this section to not less than 6 
     biorefineries located in different regions of the United 
     States.
       (2) Least-cost incentives.--The Secretary shall provide 
     incentives under this section only to eligible entities the 
     applications of which reflect the least-cost use of the 
     incentives, on a per-gallon basis, with respect to similar 
     projects.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $500,000,000.

[[Page S3132]]

     SEC. 206. BIODIESEL.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Energy shall submit 
     to Congress a report on any research and development 
     challenges inherent in increasing to 5 percent the proportion 
     of diesel fuel sold in the United States that is biodiesel, 
     as defined in section 757 of the Energy Policy Act of 2005 
     (42 U.S.C. 16105).
       (b) Regulations.--The Administrator of the Environmental 
     Protection Agency shall promulgate regulations providing for 
     the uniform labeling of biodiesel blends that are certified 
     to meet applicable standards published by the American 
     Society for Testing and Materials.

     SEC. 207. UNCONVENTIONAL FOSSIL FUELS.

       (a) In General.--The Secretary of Energy shall carry out a 
     10-year carbon capture research and development program to 
     develop carbon dioxide capture technologies that can be used 
     in the recovery of liquid fuels from oil shale and the 
     production of liquid fuels in coal utilization facilities to 
     minimize the emissions of carbon dioxide from those 
     processes.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $50,000,000 for the period of fiscal years 2008 through 
     2012; and
       (2) $100,000,000 for the period of fiscal years 2013 
     through 2017.

     SEC. 208. STUDY OF INCENTIVES FOR RENEWABLE FUELS.

       (a) Study.--The Secretary of Agriculture (in consultation 
     with the Secretary of Energy, the Secretary of the Treasury, 
     the Administrator of the Environmental Protection Agency, 
     representatives of the biofuels industry, the oil industry, 
     and other interested parties) shall conduct a study of the 
     renewable fuels industry and markets in the United States, 
     including--
       (1) the costs to produce corn-based and cellulosic-based 
     ethanol and biobutanol, biodiesel, and other emerging 
     biofuels;
       (2) the factors affecting the future market prices for 
     those biofuels, including world oil prices; and
       (3) the level of tax incentives necessary, to the maximum 
     extent practicable, to grow the biofuels industry of the 
     United States to reduce the dependence of the United States 
     on foreign oil during calendar years 2011 through 2030.
       (b) Goals.--The study shall include an analysis of the 
     types and advantages and disadvantages of tax incentive 
     options to, to the maximum extent practicable--
       (1) limit the overall cost of the tax incentives to the 
     Federal Government;
       (2) encourage expansion of the biofuels industry by 
     ensuring that new plants and recently-built plants can fully 
     amortize the investments in the plants;
       (3) reward energy-efficient and low carbon-emitting 
     technologies;
       (4) ensure that pioneering processes (such as those that 
     convert cellulosic feedstocks like corn stover and switch 
     grass to ethanol) are economically competitive with fossil 
     fuels;
       (5) encourage agricultural producer equity participation in 
     ethanol plants; and
       (6) encourage the development of higher blend markets, such 
     as E-20, E30, and E-85.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     submit a report that describes the results of the study to--
       (1) the Committee on Agriculture, Nutrition, and Forestry 
     of the Senate;
       (2) the Committee on Energy and Natural Resources of the 
     Senate;
       (3) the Committee on Environment and Public Works of the 
     Senate;
       (4) the Committee on Finance of the Senate;
       (5) the Committee on Agriculture of the House of 
     Representatives;
       (6) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (7) the Committee on Ways and Means of the House of 
     Representatives.

TITLE III--DEVELOPMENT AND INVENTORY OF CERTAIN OUTER CONTINENTAL SHELF 
                               RESOURCES

     SEC. 301. DEFINITION.

       In this title, the term ``United States person'' means--
       (1) any United States citizen or alien lawfully admitted 
     for permanent residence in the United States; and
       (2) any person other than an individual, if 1 or more 
     individuals described in paragraph (1) own or control at 
     least 51 percent of the securities or other equity interest 
     in the person.

     SEC. 302. AUTHORIZATION OF ACTIVITIES AND EXPORTS INVOLVING 
                   HYDROCARBON RESOURCES BY UNITED STATES PERSONS.

       Notwithstanding any other provision of law (including a 
     regulation), United States persons (including agents and 
     affiliates of those United States persons) may--
       (1) engage in any transaction necessary for the exploration 
     for and extraction of hydrocarbon resources from any portion 
     of any foreign exclusive economic zone that is contiguous to 
     the exclusive economic zone of the United States; and
       (2) export without license authority all equipment 
     necessary for the exploration for or extraction of 
     hydrocarbon resources described in paragraph (1).

     SEC. 303. TRAVEL IN CONNECTION WITH AUTHORIZED HYDROCARBON 
                   EXPLORATION AND EXTRACTION ACTIVITIES.

       Section 910 of the Trade Sanctions Reform and Export 
     Enhancement Act of 2000 (22 U.S.C. 7209) is amended by 
     inserting after subsection (b) the following:
       ``(c) General License Authority for Travel-Related 
     Expenditures by Persons Engaging in Hydrocarbon Exploration 
     and Extraction Activities.--
       ``(1) In general.--The Secretary of the Treasury shall, 
     authorize under a general license the travel-related 
     transactions listed in section 515.560(c) of title 31, Code 
     of Federal Regulations, for travel to, from or within Cuba in 
     connection with exploration for and the extraction of 
     hydrocarbon resources in any part of a foreign maritime 
     Exclusive Economic Zone that is contiguous to the United 
     States' Exclusive Economic Zone.
       ``(2) Persons authorized.--Persons authorized to travel to 
     Cuba under this section include full-time employees, 
     executives, agents, and consultants of oil and gas producers, 
     distributors, and shippers.''.

     SEC. 304. MORATORIUM OF OIL AND GAS LEASING IN CERTAIN AREAS 
                   OF THE GULF OF MEXICO.

       (a) In General.--Section 104(a) of the Gulf of Mexico 
     Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 
     109-432) is amended--
       (1) by striking paragraph (1);
       (2) in paragraph (2), by striking ``125 miles'' and 
     inserting ``45 miles'';
       (3) in paragraph (3), by striking ``100 miles'' each place 
     it appears and inserting ``45 miles''; and
       (4) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively.
       (b) Regulations.--
       (1) In general.--The Secretary of the Interior shall 
     promulgate regulations that establish appropriate 
     environmental safeguards for the exploration and production 
     of oil and natural gas on the outer Continental Shelf.
       (2) Minimum requirements.--At a minimum, the regulations 
     shall include--
       (A) provisions requiring surety bonds of sufficient value 
     to ensure the mitigation of any foreseeable incident;
       (B) provisions assigning liability to the leaseholder in 
     the event of an incident causing damage or loss, regardless 
     of the negligence of the leaseholder or lack of negligence;
       (C) provisions no less stringent than those contained in 
     the Spill Prevention, Control, and Countermeasure regulations 
     promulgated under the Oil Pollution Act of 1990 (33 U.S.C. 
     2701 et seq.);
       (D) provisions ensuring that--
       (i) no facility for the exploration or production of 
     resources is visible to the unassisted eye from any shore of 
     any coastal State; and
       (ii) the impact of offshore production facilities on 
     coastal vistas is otherwise mitigated;
       (E) provisions to ensure, to the maximum extent 
     practicable, that exploration and production activities will 
     result in no significant adverse effect on fish or wildlife 
     (including habitat), subsistence resources, or the 
     environment; and
       (F) provisions that will impose seasonal limitations on 
     activity to protect breeding, spawning, and wildlife 
     migration patterns.
       (c) Conforming Amendment.--Section 105 of the Department of 
     the Interior, Environment, and Related Agencies 
     Appropriations Act, 2006 (Public Law 109-54; 119 Stat. 521) 
     (as amended by section 103(d) of the Gulf of Mexico Energy 
     Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-
     432)) is amended by inserting ``and any other area that the 
     Secretary of the Interior may offer for leasing, preleasing, 
     or any related activity under section 104 of that Act'' after 
     ``2006)''.

     SEC. 305. INVENTORY OF OUTER CONTINENTAL SHELF OIL AND 
                   NATURAL GAS RESOURCES OFF SOUTHEASTERN COAST OF 
                   THE UNITED STATES.

       (a) In General.--The Secretary of the Interior (referred to 
     in this section as the ``Secretary'') may conduct an 
     inventory of oil and natural gas resources beneath the waters 
     of the outer Continental Shelf (as defined in section 2 of 
     the Outer Continental Shelf Lands Act (43 U.S.C. 1331)) off 
     of the coast of the States of Virginia, North Carolina, South 
     Carolina, or Georgia in accordance with this section.
       (b) Best Available Technology.--In conducting the 
     inventory, the Secretary shall use the best technology 
     available to obtain accurate resource estimates.
       (c) Request by Governor.--The Secretary may conduct an 
     inventory under this section off the coast of a State 
     described in subsection (a) only if the Governor of the State 
     requests the inventory.
       (d) Reports.--The Secretary shall submit to Congress and 
     the requesting Governor a report on any inventory conducted 
     under this section.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 306. ENHANCED OIL RECOVERY.

       Section 354(c)(4)(B) of the Energy Policy Act of 2005 (42 
     U.S.C. 15910(c)(4)(B)) is amended--
       (1) in clause (iii), by striking ``and'' at the end;
       (2) in clause (iv), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(v) are carried out in geologically challenging 
     fields.''.

[[Page S3133]]

                  TITLE IV--MANAGEMENT OF ENERGY RISKS

     SEC. 401. BUREAU OF INTERNATIONAL ENERGY POLICY.

       Section 101 of the National Security Act of 1947 (50 U.S.C. 
     402) is amended by adding at the end the following:
       (1) by redesignating subsection (i) (as added by section 
     301 of Public Law 105-292 (112 Stat. 2800)) as subsection 
     (k); and
       (2) by adding at the end the following:
       ``(l) Bureau of International Energy Policy.--
       ``(1) Establishment.--There is established within the 
     National Security Council a Bureau of International Energy.
       ``(2) Duties.--The Bureau shall, in conjunction with the 
     Secretary of Defense, the Secretary of State, and the 
     Secretary of Energy, prepare and submit to Congress an annual 
     energy security report.''.

     SEC. 402. STRATEGIC ENERGY INFRASTRUCTURE EQUIPMENT RESERVE.

       (a) Establishment.--The Secretary may establish and operate 
     a strategic energy infrastructure equipment reserve.
       (b) Use.--The reserve shall be used and operated for--
       (1) the protection, conservation, maintenance, and testing 
     of strategic energy infrastructure equipment; and
       (2) the provision of strategic energy infrastructure 
     equipment whenever and to the extent that--
       (A) the Secretary, with the approval of the President, 
     finds that the equipment is needed for energy security 
     purposes; and
       (B) the provision of the equipment is authorized by a joint 
     resolution of Congress.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
      By Mr KOHL (for himself and Mr. Specter):
  S. 878. A bill to prevent anti-competitive mergers and acquisitions 
in the oil and gas industry; to the Committee on the Judiciary.
  Mr. KOHL. Mr. President, I rise today to introduce the Oil Industry 
Merger Antitrust Enforcement Act. This legislation will significantly 
strengthen the antitrust laws to prevent anti-competitive mergers and 
acquisitions in the oil and gas industry.
  We have all seen the suffering felt by consumers and our national 
economy resulting from rising energy prices. Last year, gasoline prices 
shattered the once unthinkable $3.00 a gallon level, before receding in 
the fall. Prices are on the move upward once again, having increased by 
15 percent in the last month alone. And prices for other crucial energy 
products--such as natural gas and home heating oil--have undergone 
similar sharp increases in the last year.
  Industry experts debate the causes of these extraordinarily high 
prices. Possible culprits are growing worldwide demand, supply 
disruptions, the actions of the OPEC oil cartel and limits on refinery 
capacity in the United States. But we cannot overlook one important 
factor--the substantial rise in concentration and consolidation in the 
oil industry. Since 1990, the Government Accountability Office has 
counted over 2,600 mergers, acquisitions and joint ventures in the oil 
industry. Led by gigantic mergers such as Exxon/Mobil, BP/Arco, Conoco/
Phillips and Chevron/Texaco, by 2004, the five largest U.S. oil 
refining companies controlled over 56 percent of domestic refining 
capacity, a greater market share than that controlled by the top ten 
companies a decade earlier.
  This merger wave has led to substantially less competition in the oil 
industry. In 2004, the GAO concluded that these mergers have directly 
caused increases in the price of gasoline. A study by the independent 
consumer watchdog Public Citizen found that in the five years between 
1999 and 2004, U.S. oil refiners increased their average profits on 
every gallon of gasoline refined from 22.8 cents to 40.8 cents, a 79 
percent jump. And the grossly inflated profit numbers of the major oil 
companies--led by Exxon Mobil's $8.4 billion profit in the first 
quarter of 2006, which followed its $36 billion profit in 2005, the 
highest corporate profits ever achieved in U.S. history, are conclusive 
evidence--if any more was needed--of the lack of competition in the 
U.S. oil industry. While it is true that the world price of crude oil 
has substantially increased, the fact that the oil companies can so 
easily pass along all of these price increases to consumers of gasoline 
and other refined products--and greatly compound their profits along 
the way--confirms that that there is a failure of competition in our 
oil and gas markets.
  More than 90 years ago, one of our Nation's basic antitrust laws--the 
Clayton Act--was written to prevent just such industry concentration 
harming competition. It makes illegal any merger or acquisition the 
effect of which ``may be substantially to lessen competition.'' Despite 
the plain command of this law, the Federal Trade Commission the Federal 
agency with responsibility for enforcing antitrust law in the oil and 
gas industry has failed to take any effective action to prevent undue 
concentration in this industry. Instead, it permitted almost all of 
these 2,600 oil mergers and acquisitions to proceed without challenge. 
And where the FTC has ordered divestitures, they have been wholly 
ineffective to restore competition. Consumers have been at the mercy of 
an increasingly powerful oligopoly of a few giant oil companies, 
passing along price increases without remorse as the market becomes 
increasingly concentrated and competition diminishes. It is past time 
for us in Congress to take action to strengthen our antitrust law so 
that it will, as intended, stand as a bulwark to protect consumers and 
prevent any further loss of competition in this essential industry.
  Our bill will strengthen merger enforcement under the antitrust law 
in two respects. First, it will direct that the FTC, in conjunction 
with the Justice Department, revise its Merger Guidelines to take into 
account the special conditions prevailing in the oil industry. In 
reviewing a pending merger or acquisition to determine whether to 
approve it or take legal action to block it, the FTC follows what are 
known as ``Merger Guidelines.'' The Merger Guidelines set forth the 
factors that the agency must examine to determine if a merger or 
acquisition lessens competition, and sets forth the legal tests the FTC 
is to follow in deciding whether to approve or challenge a merger. As 
presently written, the Merger Guidelines fail to direct the FTC, when 
reviewing an oil industry merger, to pay any heed at all to the special 
economic conditions prevailing in that industry.
  Our bill will correct this deficiency. Many special conditions 
prevail in the oil and gas marketplace that warrant scrutiny, 
conditions that do not occur in other industries, and the Merger 
Guidelines should reflect these conditions. In most industries, when 
demand rises and existing producers earn ever-increasing profits, new 
producers enter the market and new supply expands, reducing the 
pressure on price. However, in the oil industry, there are severe 
limitations on supply and environmental and regulatory difficulty in 
opening new refineries, so this normal market mechanism cannot work. 
Additionally, in most industries, consumers shift to alternative 
products in the face of sharp price increases, leading to a reduction 
in demand and a corresponding reduction in the pressure to increase 
prices. But for such an essential commodity as gasoline, consumers have 
no such option they must continue to consume gasoline to get to work, 
to go to school, and to shop. These factors all mean that antitrust 
enforcers should be especially cautious about permitting increases in 
concentration in the oil industry.
  Accordingly, our bill directs the FTC and Justice Department to 
revise their Merger Guidelines to take into account the special 
conditions prevailing in the oil industry--including the high 
inelasticity of demand for oil and petroleum-related products; the ease 
of gaining market power; supply and refining capacity limits; 
difficulties of market entry; and unique regulatory requirements 
applying to the oil industry. This revision of the Merger Guidelines 
must be completed within six months of enactment of this legislation.
  The second manner in which this legislation will strengthen antitrust 
enforcement will be to shift the burden of proof in Clayton Act 
challenges to oil industry mergers and acquisitions. In such cases, the 
burden will be placed on the merging parties to establish, by a 
preponderance of evidence, that their transaction does not 
substantially lessen competition. This provision would reverse the 
usual rule that the government or private plaintiff challenging the 
merger must prove that the transaction harms competition. As the 
parties seeking to effect a merger with a competitor in an already 
concentrated industry, and possessing all the relevant data regarding 
the transaction,

[[Page S3134]]

it is entirely appropriate that the merging parties bear this burden. 
This provision does not forbid all mergers in the oil industry--if the 
merging parties can establish that their merger does not substantially 
harm competition, it may proceed. However, shifting the burden of proof 
in this manner will undoubtedly make it more difficult for oil mergers 
and acquisition to survive court challenge, thereby enhancing the law's 
ability to block truly anti-competitive transactions and deterring 
companies from even attempting such transactions. In today's 
concentrated oil industry and with consumers suffering record high 
prices, mergers and acquisitions that even the merging parties cannot 
justify should not be tolerated.
  As Chairman of the Senate Antitrust Subcommittee, I believe that this 
bill is a crucial step to ending this unprecedented move towards 
industry concentration and to begin to restore competitive balance to 
the oil and gas industry.
  Since the days of the break-up of the Standard Oil trust one hundred 
years ago, antitrust enforcement has been essential to prevent undue 
concentration in this industry. This bill is an essential step to 
ensure that our antitrust laws are sufficiently strong to ensure a 
competitive oil industry in the 21st century. I urge my colleagues to 
support the Oil Industry Merger Antitrust Enforcement Act.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 878

       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 ``Oil Industry Merger 
     Antitrust Enforcement Act''.

     SEC. 2. STATEMENT OF FINDINGS AND DECLARATIONS OF PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) American consumers are suffering from excessively high 
     prices for gasoline, natural gas, heating oil, and other 
     energy products.
       (2) These excessively high energy prices have been caused, 
     at least in substantial part, by undue concentration among 
     companies involved in the production, refining, distribution, 
     and retail sale of oil, gasoline, natural gas, heating oil, 
     and other petroleum-related products.
       (3) There has been a sharp consolidation caused by mergers 
     and acquisitions among oil companies over the last decade, 
     and the antitrust enforcement agencies (the Federal Trade 
     Commission and the Department of Justice Antitrust Division) 
     have failed to employ the antitrust laws to prevent this 
     consolidation, to the detriment of consumers and competition. 
     This consolidation has caused substantial injury to 
     competition and has enabled the remaining oil companies to 
     gain market power over the sale, refining, and distribution 
     of petroleum-related products.
       (4) The demand for oil, gasoline, and other petroleum-based 
     products is highly inelastic so that oil companies can easily 
     utilize market power to raise prices.
       (5) Maintaining competitive markets for oil, gasoline, 
     natural gas, and other petroleum-related products is in the 
     highest national interest.
       (b) Purposes.--The purposes of this Act are to--
       (1) ensure vigorous enforcement of the antitrust laws in 
     the oil industry;
       (2) restore competition to the oil industry and to the 
     production, refining, distribution, and marketing of gasoline 
     and other petroleum-related products; and
       (3) prevent the accumulation and exercise of market power 
     by oil companies.

     SEC. 3. BURDEN OF PROOF.

       Section 7 of the Clayton Act (15 U.S.C. 18) is amended by 
     adding at the end the following:
       ``In any civil action brought against any person for 
     violating this section in which the plaintiff--
       ``(1) alleges that the effect of a merger, acquisition, or 
     other transaction affecting commerce may be to substantially 
     lessen competition, or to tend to create a monopoly, in the 
     business of exploring for, producing, refining, or otherwise 
     processing, storing, marketing, selling, or otherwise making 
     available petroleum, oil, or natural gas, or products derived 
     from petroleum, oil, or natural gas; and
       ``(2) establishes that a merger, acquisition, or 
     transaction is between or involves persons competing in the 
     business of exploring for, producing, refining, or otherwise 
     processing, storing, marketing, selling, or otherwise making 
     available petroleum, oil, or natural gas, or products derived 
     from petroleum, oil, or natural gas;

     the burden of proof shall be on the defendant or defendants 
     to establish by a preponderance of the evidence that the 
     merger, acquisition, or transaction at issue will not 
     substantially lessen competition or tend to create a 
     monopoly.''.

     SEC. 4. ENSURING FULL AND FREE COMPETITION.

       (a) Review.--The Federal Trade Commission and the Antitrust 
     Division of the Department of Justice shall jointly review 
     and revise all enforcement guidelines and policies, including 
     the Horizontal Merger Guidelines issued April 2, 1992 and 
     revised April 8, 1997, and the Non-Horizontal Merger 
     Guidelines issued June 14, 1984, and modify those guidelines 
     in order to--
       (1) specifically address mergers and acquisitions in oil 
     companies and among companies involved in the production, 
     refining, distribution, or marketing of oil, gasoline, 
     natural gas, heating oil, or other petroleum-related 
     products; and
       (2) ensure that the application of these guidelines will 
     prevent any merger and acquisition in the oil industry, when 
     the effect of such a merger or acquisition may be to 
     substantially lessen competition, or to tend to create a 
     monopoly, and reflect the special conditions prevailing in 
     the oil industry described in subsection (b).
       (b) Special Conditions.--The guidelines described in 
     subsection (a) shall be revised to take into account the 
     special conditions prevailing in the oil industry, 
     including--
       (1) the high inelasticity of demand for oil and petroleum-
     related products;
       (2) the ease of gaining market power in the oil industry;
       (3) supply and refining capacity limits in the oil 
     industry;
       (4) difficulties of market entry in the oil industry; and
       (5) unique regulatory requirements applying to the oil 
     industry.
       (c) Competition.--The review and revision of the 
     enforcement guidelines required by this section shall be 
     completed not later than 6 months after the date of enactment 
     of this Act.
       (d) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Federal Trade Commission and the 
     Antitrust Division of the Department of Justice shall jointly 
     report to the Committee on the Judiciary of the Senate and 
     the Committee on the Judiciary of the House of 
     Representatives regarding the review and revision of the 
     enforcement guidelines mandated by this section.

     SEC. 5. DEFINITIONS.

       In this Act:
       (1) Oil industry.--The term ``oil industry'' means 
     companies and persons involved in the production, refining, 
     distribution, or marketing of oil or petroleum-based 
     products.
       (2) Petroleum-based product.--The term ``petroleum-based 
     product'' means gasoline, diesel fuel, jet fuel, home heating 
     oil, natural gas, or other products derived from the refining 
     of oil or petroleum.
                                 ______
                                 
      By Mr. KOHL (for himself, Mr. Specter, Mr. Leahy, Mr. Grassley, 
        Mr. Feingold, Ms. Snowe, Mr. Schumer, Mr. Coburn, Mr. Durbin, 
        Mrs. Boxer, and Mr. Levin):
  S. 879. A bill to amend the Sherman Act to make oil-producing and 
exporting cartels illegal; to the Committee on the Judiciary.
  Mr. KOHL. Mr. President, I rise today to introduce the No Oil 
Producing and Exporting Cartels Act of 2007 (``NOPEC''). It is time for 
the U.S. government to fight back on the price of oil and hold OPEC 
accountable when it acts illegally. This bill will hold OPEC member 
nations to account under U.S. antitrust law when they agree to limit 
supply or fix price in violation of the most basic principles of free 
competition.
  Our bill will authorize the Attorney General to file suit against 
nations or other entities that participate in a conspiracy to limit the 
supply, or fix the price, of oil. In addition, it will expressly 
specify that the doctrines of sovereign immunity and act of state do 
not exempt nations that participate in oil cartels from basic antitrust 
law. I have introduced this bill in each Congress since 2000. This 
legislation has passed the Judiciary Committee unanimously three times 
since it was first introduced, and in 2005 passed the full Senate by 
voice vote as an amendment to the Energy Bill before being stripped 
from that bill in the conference committee. It is now time, in this new 
Congress, to finally pass this legislation into law and give our Nation 
a long needed tool to counteract this pernicious and anti-consumer 
conspiracy.
  Throughout the last year, consumers all across the Nation watched gas 
prices rise to previously unimagined levels. As crude oil prices 
exceeded $40, then $50 and then $60 per barrel, retail prices of 
gasoline over $3.00 per gallon became commonplace. While prices 
temporarily receded last fall, the general trend is significantly 
upwards, and prices are rising even today. Gas prices have increased 32 
cents in the last month alone to a national average of

[[Page S3135]]

$2.56 per gallon, a nearly 15 percent increase in just one month.
  As we consider gas price changes, one fact has remained consistent 
any move downwards in price ends as soon as OPEC decides to cut 
production. Referring to the 18 percent rise in worldwide crude oil 
prices since the start of the year, OPEC President Mohammed al-Hamli 
commented ``we had a bad situation at the beginning of the year. It is 
much better now.'' The difference--combined output cuts of 1.7 million 
barrels of oil a day adopted by OPEC last October and December driving 
up crude oil prices. And while OPEC enjoys its newfound riches, the 
average American consumer suffers every time he or she visits the gas 
pump or pays a home heating bill.
  So there is no doubt that the price of crude oil dances to the tune 
set by OPEC members. Such blatantly anti-competitive conduct by the oil 
cartel violates the most basic principles of fair competition and free 
markets and should not be tolerated.
  Real people suffer real consequences every day in our Nation because 
of OPEC's actions. Rising gas prices are a silent tax that takes hard-
earned money away from Americans every time they visit the gas pump. 
Higher oil prices drive up the cost of transportation, harming 
thousands of companies throughout the economy from trucking to 
aviation. And those costs are passed on to consumers in the form of 
higher prices for manufactured goods. Higher oil prices mean higher 
heating oil and electricity costs. Anyone who has gone through a 
Midwest winter can tell you about the tremendous personal costs 
associated with higher home heating bills.
  We have all heard many explanations offered for rising energy prices. 
Some say that the oil companies are gouging consumers. Some blame 
disruptions in supply. Others point to the EPA requirement mandating 
use of a new and more expensive type of ``reformulated'' gas in the 
Midwest or other ``boutique'' fuels around the country. Some even claim 
that refiners and distributors have illegally fixed prices. On this 
issue, I have repeatedly asked the Federal Trade Commission to 
investigate these allegations. As a result of our requests, the FTC has 
put a task force in place to find out if those allegations were true. 
While we continue to urge the FTC to be vigilant, the FTC has to date 
found no evidence of illegal domestic price fixing as a cause of higher 
gas prices.
  But one cause of these escalating prices is indisputable: the price 
fixing conspiracy of the OPEC nations. For years, this conspiracy has 
unfairly driven up the cost of imported crude oil to satisfy the greed 
of the oil exporters. We have long decried OPEC, but, sadly, no one in 
government has yet tried to take any action. Our bill will, for the 
first time, establish clearly and plainly that when a group of 
competing oil producers like the OPEC nations act together to restrict 
supply or set prices, they are violating U.S. law. The bill will not 
authorize private lawsuits, but it will authorize the Attorney General 
to file suit under the antitrust laws for redress. Our bill will also 
make plain that the nations of OPEC cannot hide behind the doctrines of 
``sovereign immunity'' or ``act of state'' to escape the reach of 
American justice. In so doing, our bill will overrule one twenty-year 
old lower court decision which incorrectly failed to recognize that the 
actions of OPEC member nations was commercial activity exempt from the 
protections of sovereign immunity.
  The most fundamental principle of a free market is that competitors 
cannot be permitted to conspire to limit supply or fix price. There can 
be no free market without this foundation. And we should not permit any 
nation to flout this fundamental principle.
  Some critics of this legislation have argued that suing OPEC will not 
work or that threatening suit will hurt more than help. I disagree. Our 
NOPEC legislation will, for the first time, enable our Justice 
Department to take legal action to combat the illegitimate price-fixing 
conspiracy of the oil cartel. It will, at a minimum, have a real 
deterrent effect on nations that seek to join forces to fix oil prices 
to the detriment of consumers. This legislation will be the first real 
weapon the U.S. government has ever had to deter OPEC from its 
seemingly endless cycle of price increases.
  There is nothing remarkable about applying U.S. antitrust law 
overseas. Our government has not hesitated to do so when faced with 
clear evidence of anti-competitive conduct that harms American 
consumers. A few years ago, for example, the Justice Department secured 
record fines totaling $725 million against German and Swiss companies 
engaged in a price fixing conspiracy to raise and fix the price of 
vitamins sold in the United States and elsewhere. Their behavior harmed 
consumers by raising the prices consumers paid for vitamins every day 
and plainly needed to be addressed. As this and other cases show, the 
mere fact that the conspirators are foreign nations is no basis to 
shield them from violating these most basic standards of fair economic 
behavior.
  Even under current law, there is no doubt that the actions of the 
international oil cartel would be in gross violation of antitrust law 
if engaged in by private companies. If OPEC were a group of 
international private companies rather than foreign governments, their 
actions would be nothing more than an illegal price fixing scheme. But 
OPEC members have used the shield of ``sovereign immunity'' to escape 
accountability for their price-fixing. The Foreign Sovereign Immunities 
Act, though, already recognizes that the ``commercial'' activity of 
nations is not protected by sovereign immunity. And it is hard to 
imagine an activity that is more obviously commercial than selling oil 
for profit, as the OPEC nations do. Our legislation will establish that 
the sovereign immunity doctrine will not divest a U.S. court from 
jurisdiction to hear a lawsuit alleging that members of the oil cartel 
are violating antitrust law.
  The suffering of consumers across the Nation in the last year has 
made me more certain than ever that this legislation is necessary. 
Between OPEC's repeated decisions to cut oil production and the FTC's 
conclusion for the last several years that there is no illegal conduct 
by domestic companies responsible for rising gas prices, I am convinced 
that we need to take action, and take action now, before the damage 
spreads too far.
  I urge my colleagues to support our legislation so that our Nation 
will finally have an effective means to combat this price-fixing 
conspiracy of oil-rich nations. Thank you.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 879

       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 ``No Oil Producing and 
     Exporting Cartels Act of 2007'' or ``NOPEC''.

     SEC. 2. SHERMAN ACT.

       The Sherman Act (15 U.S.C. 1 et seq.) is amended by adding 
     after section 7 the following:

     ``SEC. 7A. OIL PRODUCING CARTELS.

       ``(a) In General.--It shall be illegal and a violation of 
     this Act for any foreign state, or any instrumentality or 
     agent of any foreign state, to act collectively or in 
     combination with any other foreign state, any instrumentality 
     or agent of any other foreign state, or any other person, 
     whether by cartel or any other association or form of 
     cooperation or joint action--
       ``(1) to limit the production or distribution of oil, 
     natural gas, or any other petroleum product
       ``(2) to set or maintain the price of oil, natural gas, or 
     any petroleum product; or
       ``(3) to otherwise take any action in restraint of trade 
     for oil, natural gas, or any petroleum product;

     when such action, combination, or collective action has a 
     direct, substantial, and reasonably foreseeable effect on the 
     market, supply, price, or distribution of oil, natural gas, 
     or other petroleum product in the United States.
       ``(b) Sovereign Immunity.--A foreign state engaged in 
     conduct in violation of subsection (a) shall not be immune 
     under the doctrine of sovereign immunity from the 
     jurisdiction or judgments of the courts of the United States 
     in any action brought to enforce this section.
       ``(c) Inapplicability of Act of State Doctrine.--No court 
     of the United States shall decline, based on the act of state 
     doctrine, to make a determination on the merits in an action 
     brought under this section.
       ``(d) Enforcement.--The Attorney General of the United 
     States may bring an action to enforce this section in any 
     district court of

[[Page S3136]]

     the United States as provided under the antitrust laws.''.

     SEC. 3. SOVEREIGN IMMUNITY.

       Section 1605(a) of title 28, United States Code, is 
     amended--
       (1) in paragraph (6), by striking ``or'' after the 
     semicolon;
       (2) in paragraph (7), by striking the period and inserting 
     ``; or''; and
       (3) by adding at the end the following:
       ``(8) in which the action is brought under section 7A of 
     the Sherman Act.''.

  Mr. LEAHY. Mr. President, I am pleased to join Senator Kohl, the 
chairman of the Subcommittee on Antitrust and Competition Policy, by 
cosponsoring once again the No Oil Producing and Exporting Cartels, 
NOPEC, Act. I thank Senator Kohl for his leadership on this important 
issue, and Senators Specter, Grassley, Feingold, Snowe, Schumer, 
Durbin, Boxer and Coburn the other cosponsors, for their continued 
support of this critically important effort.
  The collusive behavior of certain oil producing nations has 
artificially--and drastically reduced the supply and inflated the price 
of fuel. Put simply, the behavior of these oil cartels, which would be 
illegal under antitrust laws, grievously harms American consumers and 
businesses.
  We have introduced this measure in each of the last four Congresses. 
We introduce it again today, in our never-ending effort to make OPEC 
accountable for its anticompetitive behavior by allowing the Justice 
Department to crack down on illegal price manipulation by oil cartels.
  This bill will allow the Federal Government to take legal action 
against any foreign state, including members of OPEC, for price fixing 
and artificially limiting the amount of available oil. While OPEC 
actions remain protected from antitrust enforcement, the ability of the 
governments involved to wreak havoc on the American economy will remain 
unchecked.
  When the President took office, Americans could fill their cars, heat 
their homes, and run their businesses on gasoline that cost $1.45 a 
gallon. Fuel prices have skyrocketed since then. Prices will at times 
fall, but because fuel prices are not properly subject to competition 
oversight and enforcement, the American consumer will only benefit from 
lower prices when it serves some other purpose of the cartel and 
foreign governments.
  President Bush has said he is concerned about gasoline costs and has 
pledged that the government would keep a close watch on unacceptable 
profiteering. It is time for the President to join us in supporting 
this legislation.
  Our antitrust laws have been called the ``Magna Carta of free 
enterprise.'' If OPEC were simply a foreign business engaged in this 
type of behavior, it would already be subject to them. It is wrong to 
let OPEC producers off the hook just because their anticompetitive 
practices come with the seal of approval of national governments. I 
urge my colleagues to support this bill and to say ``No'' to OPEC.
                                 ______
                                 
      By Mrs. LINCOLN (for herself and Mr. Smith):
  S. 881. A bill to amend the Internal Revenue Code of 1986 to extend 
and modify the railroad track maintenance credit; to the Committee on 
Finance.
  Mrs. LINCOLN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 881

       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 ``Short Line Railroad 
     Investment Act of 2007''.

     SEC. 2. EXTENSION AND MODIFICATION OF RAILROAD TRACK 
                   MAINTENANCE CREDIT.

       (a) Extension.--
       (1) In general.--Subsection (d) of section 45G of the 
     Internal Revenue Code of 1986 (relating to qualified railroad 
     track maintenance expenditures) is amended by striking ``for 
     maintaining'' and all that follows and inserting ``for 
     maintaining--
       ``(A) in the case of taxable years beginning after December 
     31, 2004, and before January 1, 2008, railroad track 
     (including roadbed, bridges, and related track structures) 
     owned or leased as of January 1, 2005, by a Class II or Class 
     III railroad (determined without regard to any consideration 
     for such expenditures given by the Class II or Class III 
     railroad which made the assignment of such track), and
       ``(B) in the case of taxable years beginning after December 
     31, 2007, and before January 1, 2011, railroad track 
     (including roadbed, bridges, and related track structures) 
     owned or leased as of January 1, 2007, by a Class II or Class 
     III railroad (determined without regard to any consideration 
     for such expenditures given by the Class II or Class III 
     railroad which made the assignment of such track).''.
       (2) Conforming amendment.--Section 45G of such Code is 
     amended by striking subsection (f).
       (b) Coordination With Section 55.--Section 38(c)(4)(B) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``and'' at the end of clause (i), by striking the period at 
     the end of clause (ii)(II) and inserting ``, and'', and by 
     adding at the end the following new clause:
       ``(iii) the credit determined under section 45G.''.
       (c) Credit Limitation Adjustment.--Subparagraph (A) of 
     section 45G(b)(1) of the Internal Revenue Code of 1986 is 
     amended by striking ``$3,500'' and inserting ``$4,500''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.

  Mr. SMITH. Mr. President. I rise today with my colleague Senator 
Lincoln of Arkansas to introduce the Short Line Railroad Investment Act 
of 2007.
  More than 500 short line railroads operate nationally, serving nearly 
every State and account for almost 50,000 miles of track in the United 
States. By connecting to the larger railways, short line railroads are 
critical to farmers and small businesses that need to move their goods 
into the marketplace. Moreover, transporting goods using rail relieves 
highway congestion by decreasing the number of trucks that would 
otherwise move the same products.
  Railroads are capital intensive and require significant investment to 
operate. Today, the unmet infrastructure needs of the short line 
railroads total in the billions of dollars. And capacity and physical 
demands on the short lines continue to grow. The presence of heavier 
rail cars being used today only further exacerbates the need for 
investment to meet the infrastructure needs of the short line 
railroads.
  Currently a tax credit exists to enable increased investment in short 
line railroads. However, this critical credit is set to expire at the 
end of 2007. Current law allows for a taxpayer to claim a tax credit of 
50 cents for every dollar invested in track rehabilitation. The 
extension of the tax credit for short line railroad maintenance and 
rehabilitation is integral to meeting this need.
  The enactment of this credit in the 2004 American Jobs Creation Act 
has encouraged the private sector to increase investment in short line 
freight rail infrastructure. The ultimate beneficiaries of these 
investments will be over 11,000 rail customers employing over 1 million 
Americans in rural and urban areas.
  It is imperative that we extend this credit. I propose a 3-year 
extension of this credit through 2010 that will help achieve the 
original goal of prompting $1.5 billion in new infrastructure 
improvements on short line railroads.
  I urge my colleagues support for this important measure that will 
improve short line railroads that have such a vital role in the 
transportation of goods and our Nation's economy.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
                                 ______
                                 
      By Mr. MENENDEZ (for himself, Mr. Lautenberg, Ms. Mikulski, and 
        Mr. Casey):
  S. 882. A bill to require a pilot program on the facilitation of the 
transition of members of the Armed Forces to receipt of veterans health 
care benefits upon completion of military service, and for other 
purposes; to the Committee on Veterans' Affairs.
  Mr. MENENDEZ. Mr. President, since the March 2003 start of the Iraq 
war, more than 24,042 members of our Nation's armed forces have been 
injured, more than 10,685 of them too severely to be returned to 
action.
  I have visited these soldiers at Walter Reed, at Fort Dix, and at the 
East Orange Veterans Hospital. I have heard stories consistently from 
our veterans about fighting against DoD and VA bureaucracy for months 
and even years simply to receive the basic benefits they are owed by a 
grateful Nation.
  The controversy at Walter Reed again brings to light the shortcomings 
in the process our returning veterans must deal with in their difficult 
transition from soldier to civilian. Just as

[[Page S3137]]

the deplorable conditions that have come to light are unacceptable, so 
too are the countless stories detailing the maze of forms, hearings, 
and medical evaluations that prevent so many of our veterans from 
getting the health care and benefits they need.
  Too often, it seems that rather than thanking the soldier for their 
sacrifice, this system sets up yet another battle of bureaucracy. Too 
often, it seems that the system is stacked against the very soldiers it 
is designed to help. Too often, veterans must seek out their own 
treatment options and benefits or risk missing deadlines and losing 
benefits. It doesn't have to be this way. We have an obligation not 
only to fulfill the promises we make to America's fighting men and 
women, but to do so in a manner that ensures the benefits we owe them 
are made readily available.
  At the East Orange VA hospital in my State of New Jersey, for 
instance, we have a modern War-Related Illness and Injury Study Center 
that stands underutilized because many veterans aren't even informed 
that it's there. Patients whose quality of life could be drastically 
improved by the technology the center provides miss the opportunity 
simply because they are not aware the option is available. This country 
can do better; the will of the American people is to do better; now 
this government must do better.
  That's why I am proud to introduce the ``Veterans Navigator Act'', a 
bill that would expand and enhance the important work done by VSOs and 
other non-governmental organizations to guide our Nation's servicemen 
and women to and through the VA healthcare system. It would, in fact, 
acknowledge the work of these organizations by providing $25 million in 
grants over 5 years to augment their capabilities.
  The ``navigator'' concept is not new. It is similar to the Patient 
Navigator demonstration program I introduced and which was subsequently 
enacted into law. There, we also took a successful small-scale program 
being used at select medical facilities around the country and expanded 
it by providing grants for a scaled-up demonstration program to serve 
those with cancer and other chronic diseases, and in particular, to 
provide support to medically underserved populations.
  With the Veterans Navigator bill, I propose to do something similar, 
capitalizing on the successes of the Patient Navigator concept, to help 
our troops. The $25 million over 5 years in the bill would allow VSOs 
and other organizations to apply for grants so that they could hire and 
train navigators to provide assistance, on an individualized basis, to 
members of the Armed Forces as they transition from military service to 
the VA healthcare system. They would do so in coordination with DoD and 
the VA. Right now, many VSOs rely principally on donations to perform 
these services.
  At the end of the 5 years, the VA Secretary would submit a report to 
Congress on the effectiveness of the Veterans Navigator demonstration 
program and recommend whether or not it should be made permanent.
  Often called National Service Officers or counselors, a navigator is 
a ``sherpa'', a guide through the maze of paper and people and 
specialists and benefits. A navigator is an advocate for those no 
longer able to go it alone. A navigator is a facilitator, someone who 
will be with you through the process, to provide the expertise you will 
need to transition between active duty and veterans status and to get 
the urgent care you need.
  Let me be clear: a navigator does not supplant the role of the DoD or 
the VA. A navigator is meant to complement the work done by these 
organizations, particularly at a time when those systems are struggling 
to meet the needs of the soldiers returning from war and will continue 
to do so long after the conflicts in Iraq and Afghanistan have ended.
  While all veterans will benefit, the bill focuses particular 
attention on four underserved groups in the military community: the 
seriously injured or wounded soldiers, female soldiers, those suffering 
from psychological problems like Post-Traumatic Stress Disorder, PTSD, 
and members of the activated National Guard and Reserves.
  These underserved groups have not been sufficiently served in 
existing VA and DoD transition programs and activities. It is these 
underserved groups who especially need continuity of care as they enter 
and wind their way through the VA medical system. Part of the reason 
they have not been adequately cared for is that the nature of the 
current wars we are fighting, in Iraq, in Afghanistan, is different 
from previous conflicts we've undertaken.
  During the Iraq and Afghanistan campaigns, we have the largest 
activation of National Guard and reservists since World War II. As of 
March 12, according to DoD, the United States had 141,000 military 
personnel deployed in Iraq. Of these, 119,005 were active component 
personnel and 21,995 were National Guard and Reserves. These numbers 
are set to increase due to the recent announcement by President Bush to 
send at least 20,000 more troops to Iraq by May.

  The GAG released a report in February 2005 citing deficiencies in 
benefits for these soldiers. The report concluded that National Guard 
and Reserve soldiers ``are given little help navigating a thicket of 
regulations and procedures necessary to gain access to military 
doctors.''
  To complicate matters, members of our National Guard who seek medical 
care must file for an extension of their active duty status in order to 
continue to access military bases and hospitals.
  In its report, GAG also concluded that, and I quote, ``the Army has 
not consistently provided the infrastructure needed to accommodate the 
needs of soldiers trying to navigate their way through the ``active 
duty medical extension'' (ADME) process . . . this has resulted in 
injured and ill soldiers carrying a disproportionate share of the 
burden for ensuring that they do not fall off their active duty 
orders.''
  The Veterans Navigator Act would help minimize such occurrences by 
providing National Guardsmen and Reservists someone to help bring them 
through the ADME process and to help correct any discrepancies before 
they cause a delay in accessing VA medical care.
  Veterans with psychological problems also need help. In the last 
several years, we've been hearing a lot more about post-traumatic 
stress disorder, or PTSD in veterans and those returning from conflict. 
The GAO report concluded that almost four out of five service members 
returning from Iraq and Afghanistan who were found to be at risk for 
PTSD were not provided appropriate medical assistance. All of these 
factors mean that now, more than ever, our Nation's soldiers need help 
moving between the DoD and VA realms.
  According to a recent study commissioned by the Department of 
Veterans Affairs, roughly 13 percent of service men and women returning 
from Iraq suffer from PTSD. GAO has concluded that roughly 78 percent 
of those service members at risk for PTSD do not get further 
evaluation. That means they return to active duty or are discharged 
without receiving the appropriate care.
  It is the nature of this disorder to appear not right after the 
traumatic event is experienced, but often not until an individual re-
experiences an event, has a flashback or is somehow reminded of a 
battlefield event. That may not happen until after a service member has 
been discharged from service. Once PTSD does emerge, the veteran may 
not know how to access VA medical assistance, or he or she may not have 
yet enrolled into the VA medical system.
  Again, as in the case of the severely wounded, time is of the 
essence. PTSD can manifest itself so severely as to incapacitate a 
soldier, making medical care more urgent. In the case of returning 
National Guardsmen and Reservists, the problem is made more complex 
because of the 2-year time limit on filing for VA benefits.
  Since 1991, opportunities for women in our Nation's armed forces have 
grown. For the first time, the military is placing women in support 
units at the front line. This has come partly as the result of more 
than 10 years of policy changes making 91 percent of the career fields 
gender neutral.
  The Navy and the Air Force have begun to allow female soldiers to fly 
fighters and bombers. The Army has expanded the role of women in 
ground-combat operations. Right now, ``women command combat military 
police companies, fly Apache helicopters, work as

[[Page S3138]]

tactical intelligence analysts, and serve in artillery units.''
  This would have been unheard of a decade ago, but it's happening 
right now. Right now, record numbers of female soldiers are fighting on 
the front lines and, as a result, more are being seriously wounded or 
killed. A Baltimore reporter profiling women soldiers' participation in 
Iraq observed that ``the war in Iraq has been an equal opportunity 
employer, by killing and injuring a historic number of female soldiers 
in combat situations.''
  Therefore, a VA medical system designed to treat wounded male 
soldiers must now ensure that female soldiers get the right kind of 
medical care. They will need help finding that care and getting access 
to that care. A veteran navigator can help them do that.
  Because of the length and size of the deployment, many more soldiers 
are being seriously wounded. According to the GAO, roughly 30 percent 
of U.S. soldiers wounded in combat during World War II later died. 
Today, that number has dropped to 3 percent for those serving in Iraq 
and Afghanistan due to advances in technology and protective gear.
  While this is clearly a positive development, it also means that many 
of these injured soldiers are returning home with severe disabilities, 
including traumatic brain injuries and missing limbs that require 
comprehensive inpatient rehabilitation services.
  But, severe injuries often mean a lengthy transition from active duty 
to veteran status. As my story earlier indicates, the physical 
evaluation of a seriously wounded service member to determine whether 
he or she can return to active duty can take months to complete. In the 
interim, the VA has to be able to identify these soldiers so that they 
can perform early outreach, provided that they have the information to 
do so.
  Despite this, the GAO observed in a March 2005 report that the VA 
faces ``significant challenges in providing services to seriously 
injured service members.''
  In many cases, VA staff have reported that seriously injured service 
members are simply not ready to begin thinking about VA benefits or 
dealing with the VA system during the recovery process. The problem 
here, as GAO has pointed out, is that the VA has no policy for 
maintaining contact with these soldiers down the line, once they are 
discharged. Contact is often conducted on an ad hoc basis. Navigators 
can also help these seriously wounded soldiers.
  VSOs such as the Veterans of Foreign Wars, Disabled American 
Veterans, Jewish War Veterans and so many others have emphasized the 
importance of maintaining contact with seriously injured veterans who 
do not initially apply for VA health care benefits because it may be 
many months or even years before they are prepared to apply for them.
  The Veterans Navigator can help perform this function. Because this 
individual or individuals have reached out to the injured service 
member before his or her discharge, they can, in coordination with the 
VA caseworkers, remain in contact with them as they recover and prepare 
to re-enter civilian life. The navigator can also help obtain 
information from DoD on seriously injured soldiers earlier on so that 
they can help ensure that all service members and veterans benefit from 
VA health care services at the right time.
  At a time when many active duty service people and veterans have 
fought and often made the ultimate sacrifice for their country, we 
cannot risk having any soldier fall through the cracks. We cannot take 
the risk that our female soldiers, who are fighting alongside their 
male colleagues, may not receive the medical care they need. We cannot 
risk the lives and health of soldiers with PTSD. We cannot risk the 
lives and the health of any service member who put their lives at risk 
for our country.
  As we have seen with the situation at Walter Reed, DoD and VA simply 
do not have the manpower to effectively handle the influx of veterans 
cases coming into the system. With a backlog of over half a million 
claims, the VA can not adequately address the individual needs of 
America's warriors. Our service members didn't have to wait to sign up 
to serve their country; they shouldn't have to wait and fight to get 
the benefits they are seriously entitled to.
  The very least that we can do is to ensure that all of these brave 
men and women are able to access the medical benefits to which they are 
entitled, particularly in their time of greatest need. At some point in 
each of our lives, we might need a guiding hand to help us find our 
way. Today, I am proposing to provide that helping hand to our troops 
in a time of their greatest need. It is the very least that we can do.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself and Mr. Voinovich):
  S. 883. A bill to amend the Higher Education Act of 1965 to extend 
loan forgiveness for certain loans to Head Start teachers; to the 
Committee on Health, Education, Labor, and Pensions.
  Mrs. FEINSTEIN. Mr. President. I rise today with Senator Voinovich to 
introduce legislation that would expand the Federal student loan 
forgiveness program to include Head Start teachers.
  Nationwide, only 31 percent of Head Start teachers have completed a 
baccalaureate or advanced degree program.
  In California, that number is even smaller: only 21 percent of Head 
Start teachers have completed a bachelor's degree.
  To prepare Head Start children for elementary school, we must recruit 
highly qualified teachers who have demonstrated knowledge and teaching 
skills in reading, early childhood development, and other areas of the 
preschool curriculum with a particular focus on cognitive learning.
  Recruiting and retaining teachers with such qualifications is 
critical to ensuring that our children start elementary school ready to 
learn.
  A survey conducted by the U.S. Department of Health and Human 
Services, the Head Start Family and Child Experiences Survey (FACES), 
found that ``teachers with higher education levels were found to have 
more high quality language activities and more creative activities in 
their classrooms.''
  In order to give every child a jump start in life, we must continue 
to recruit highly qualified teachers to the Head Start field and 
prevent the best teachers from leaving.
  Many Head Start programs across the country, including in California, 
are losing qualified teachers to local school districts in part because 
the pay is better.
  Nationally, the average Head Start teacher earns a salary of about 
$21,000--almost half the amount of elementary school teachers' salary 
of about $43,000.
  Low pay, combined with increasing student debt, makes it increasingly 
difficult to attract and retain highly qualified Head Start teachers.
  We must provide incentives to encourage recent graduates, current 
Head Start teachers without a degree, and college students to enter and 
remain in this important field.
  This legislation would allow recent college graduates (obtaining a 
minimum of a bachelor's degree), and current Head Start teachers 
without a degree, to receive up to $5,000 of their Federal student 
loans forgiven in exchange for 5 years of teaching in a qualified Head 
Start program; and provide Head Start teachers with the same 
opportunity as currently offered to eligible elementary and secondary 
school teachers to receive up to $5,000 in loan forgiveness in exchange 
for 5 years of service.
  Providing our Nation's low-income children with access to highly 
educated and qualified Head Start teachers so that they enter school 
ready to learn is critical to their future success.
  Head Start is the primary Federal program that has the potential to 
reach out to low-income children early in their formative years when 
their cognitive skills are just developing.
  Research shows that Head Start is a smart investment in our 
children's future.
  For example, a 2003 Kindergarten Readiness: Head Start Success study 
of more than 600 graduates in San Bernardino County, CA, demonstrated 
that society receives nearly nine dollars in benefits, i.e. increased 
earnings and employment, for every one dollar invested in Head Start 
children.
  That is why we must act now.

[[Page S3139]]

  Every teacher that the Head Start program loses impacts the quality 
and access to services for our Nation's neediest children, and 
ultimately can impact their future success.
  I urge my colleagues to join me and Senator Voinovich in supporting 
this important legislation.
  I ask unanimous consent that the text of the legislation be printed 
in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 883

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

     SECTION 1. LOAN FORGIVENESS FOR HEAD START TEACHERS.

       (a) Short Title.--This section may be cited as the ``Loan 
     Forgiveness for Head Start Teachers Act of 2007''.
       (b) Head Start Teachers.--Section 428J of the Higher 
     Education Act of 1965 (20 U.S.C 1078-10) is amended--
       (1) in subsection (b), by striking paragraph (1) and 
     inserting the following:
       ``(1)(A) has been employed--
       ``(i) as a full-time teacher for 5 consecutive complete 
     school years in a school that qualifies under section 
     465(a)(2)(A) for loan cancellation for Perkins loan 
     recipients who teach in such a school; or
       ``(ii) as a Head Start teacher for 5 consecutive complete 
     program years under the Head Start Act; and
       ``(B)(i) if employed as an elementary school or secondary 
     school teacher, is highly qualified as defined in section 
     9101 of the Elementary and Secondary Education Act of 1965, 
     or meets the requirements of subsection (g)(3); and
       ``(ii) if employed as a Head Start teacher, has 
     demonstrated knowledge and teaching skills in reading, 
     writing, early childhood development, and other areas of a 
     preschool curriculum, with a focus on cognitive learning; 
     and'';
       (2) in subsection (g), by adding at the end the following:
       ``(4) Head start.--An individual shall be eligible for loan 
     forgiveness under this section for service described in 
     clause (ii) of subsection (b)(1)(A) only if such individual 
     received a baccalaureate or graduate degree on or after the 
     date of enactment of the Loan Forgiveness for Head Start 
     Teachers Act of 2007.''; and
       (3) by adding at the end the following:
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     for fiscal year 2011 and succeeding fiscal years to carry out 
     loan repayment under this section for service described in 
     clause (ii) of subsection (b)(1)(A).''.
       (c) Direct Student Loan Forgiveness.--
       (1) In general.--Section 460 of the Higher Education Act of 
     1965 (20 U.S.C 1087j) is amended--
       (A) in subsection (b)(1), by striking subparagraph (A) and 
     inserting the following:
       ``(A)(i) has been employed--
       ``(I) as a full-time teacher for 5 consecutive complete 
     school years in a school that qualifies under section 
     465(a)(2)(A) for loan cancellation for Perkins loan 
     recipients who teach in such a school; or
       ``(II) as a Head Start teacher for 5 consecutive complete 
     program years under the Head Start Act; and
       ``(ii)(I) if employed as an elementary school or secondary 
     school teacher, is highly qualified as defined in section 
     9101 of the Elementary and Secondary Education Act of 1965, 
     or meets the requirements of subsection (g)(3); and
       ``(II) if employed as a Head Start teacher, has 
     demonstrated knowledge and teaching skills in reading, 
     writing, early childhood development, and other areas of a 
     preschool curriculum, with a focus on cognitive learning; 
     and'';
       (B) in subsection (g), by adding at the end the following:
       ``(4) Head start.--An individual shall be eligible for loan 
     forgiveness under this section for service described in 
     subclause (II) of subsection (b)(l)(A)(i) only if such 
     individual received a baccalaureate or graduate degree on or 
     after the date of enactment of the Loan Forgiveness for Head 
     Start Teachers Act of 2007.''; and
       (C) by adding at the end the following:
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     for fiscal year 2011 and succeeding fiscal years to carry out 
     loan repayment under this section for service described in 
     subclause (II) of subsection (b)(1)(A)(i).''.
       (d) Conforming Amendments.--
       (1) FFEL program.--Section 428J of the Higher Education Act 
     of 1965 (20 U.S.C. 1078-10) is amended--
       (A) in subsection (c)(1), by inserting ``or fifth complete 
     program year'' after ``fifth complete school year of 
     teaching'';
       (B) in subsection (f), by striking ``subsection (b)'' and 
     inserting ``subsection (b)(1)(A)(i)'';
       (C) in subsection (g)(1)(A), by striking ``subsection 
     (b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)''; and
       (D) in subsection (h), by inserting ``except as part of the 
     term `program year','' before ``where''.
       (2) Direct loan program.--Section 460 of the Higher 
     Education Act of 1965 (20 U.S.C. 1087j) is amended--
       (A) in subsection (c)(1), by inserting ``or fifth complete 
     program year'' after ``fifth complete school year of 
     teaching'';
       (B) in subsection (f), by striking ``subsection (b)'' and 
     inserting ``subsection (b)(1)(A)(i)(I)'';
       (C) in subsection (g)(1)(A), by striking ``subsection 
     (b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)(I)''; and
       (D) in subsection (h), by inserting ``except as part of the 
     term `program year','' before ``where''.
                                 ______
                                 
      By Mr. DURBIN (for himself and Mr. Coleman):
  S. 884. A bill to amend the Public Health Service Act regarding 
residential treatment programs for pregnant and parenting women, a 
program to reduce substance abuse among nonviolent offenders, and for 
other purposes; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 884

       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 ``Family-Based Meth Treatment 
     Access Act of 2007''.

     SEC. 2. RESIDENTIAL TREATMENT PROGRAMS FOR PREGNANT AND 
                   PARENTING WOMEN.

       Section 508 of the Public Health Service Act (42 U.S.C. 
     290bb-1) is amended--
       (1) in the section heading, by striking ``pregnant and 
     postpartum women'' and inserting ``pregnant and parenting 
     women'';
       (2) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``postpartum women treatment for substance abuse'' and 
     inserting ``parenting women treatment for substance abuse 
     (including treatment for addiction to methamphetamine)'';
       (B) in paragraph (1), by striking ``reside in'' and 
     inserting ``reside in or receive outpatient treatment 
     services from''; and
       (C) in paragraph (2), by striking ``reside with the women 
     in'' and inserting ``reside with the women in, or receive 
     outpatient treatment services from,'';
       (3) in subsection (d)(6), by inserting ``, or referrals for 
     counseling,'' after ``Counseling'';
       (4) in subsection (h)(1), by striking ``pregnant and 
     postpartum women'' and inserting ``pregnant and parenting 
     women'';
       (5) by amending subsection (m) to read as follows:
       ``(m) Allocation of Awards.--In making awards under 
     subsection (a), the Director shall give priority to any 
     entity that agrees to use the award for a program serving an 
     area that--
       ``(1) is a rural area, an area designated under section 332 
     by the Administrator of the Health Resources and Services 
     Administration as a health professional shortage area with a 
     shortage of mental health professionals, or an area 
     determined by the Director to have a shortage of family-based 
     substance abuse treatment options; and
       ``(2) is determined by the Director to have high rates of 
     addiction to methamphetamine or other drugs.'';
       (6) in subsection (p), by--
       (A) striking ``October 1, 1994'' and inserting ``October 1, 
     2008'';
       (B) striking ``Committee on Labor and Human Resources'' and 
     inserting ``Committee on Health, Education, Labor, and 
     Pensions'';
       (C) inserting ``In submitting reports under this 
     subsection, the Director may use data collected under this 
     section or other provisions of law.'' after ``biennial report 
     under section 501(k).''; and
       (D) striking ``Each report under this subsection shall 
     include'' and all that follows and inserting ``Each report 
     under this subsection shall, with respect to the period for 
     which the report is prepared, include the following:
       ``(1) A summary of any evaluations conducted under 
     subsection (o).
       ``(2) Data on the number of pregnant and parenting women in 
     need of, but not receiving, treatment for substance abuse 
     under programs carried out pursuant to this section. Such 
     data shall include, but not be limited to, the number of 
     pregnant and parenting women in need of, but not receiving, 
     treatment for methamphetamine abuse under such programs, 
     disaggregated by State and tribe.
       ``(3) Data on recovery and relapse rates of women receiving 
     treatment for substance abuse under programs carried out 
     pursuant to this section, including data disaggregated with 
     respect to treatment for methamphetamine abuse.'';
       (7) by redesignating subsections (q) and (r) as subsections 
     (r) and (s), respectively;
       (8) by inserting after subsection (p) the following:
       ``(q) Methamphetamine Addiction.--In carrying out this 
     section, the Director shall expand, intensify, and coordinate 
     efforts to provide to pregnant and parenting women treatment 
     for methamphetamine addiction.''; and

[[Page S3140]]

       (9) in subsection (s) (as so redesignated), by striking 
     ``such sums as may be necessary to fiscal years 2001 through 
     2003'' and inserting ``$70,000,000 for each of fiscal years 
     2008 through 2012''.

     SEC. 3. PROGRAM TO REDUCE SUBSTANCE ABUSE AMONG NONVIOLENT 
                   OFFENDERS: FAMILY TREATMENT ALTERNATIVES TO 
                   INCARCERATION.

       Title V of the Public Health Service Act (42 U.S.C. 290aa 
     et seq.) is amended by inserting after section 509 the 
     following:

     ``SEC. 510. PROGRAM TO REDUCE SUBSTANCE ABUSE AMONG 
                   NONVIOLENT OFFENDERS: FAMILY TREATMENT 
                   ALTERNATIVES TO INCARCERATION.

       ``(a) In General.--The Secretary, acting through the 
     Administrator of the Substance Abuse and Mental Health 
     Services Administration, shall make awards of grants, 
     cooperative agreements, or contracts to public and nonprofit 
     private entities for the purpose of assisting local jails and 
     detention facilities in providing comprehensive, family-based 
     substance abuse treatment services (including treatment for 
     addiction to methamphetamine) to pregnant and parenting 
     adults who are considered nonviolent offenders.
       ``(b) Minimum Qualifications for Nonprofit Private 
     Entities.--An award may be made under subsection (a) to an 
     applicant that is a nonprofit private entity only if the 
     Secretary determines that--
       ``(1) the applicant has the capacity to provide the 
     services described in subsection (a); and
       ``(2) the applicant meets all applicable State licensor and 
     certification requirements regarding the provision of 
     substance abuse treatment services.
       ``(c) Requirements Applicable to Family Drug Treatment 
     Program That Is an Alternative to Incarceration.--A grant 
     under this section may be used for a family drug treatment 
     program that is an alternative to incarceration only if the 
     program complies with the following:
       ``(1) The program is a comprehensive, long-term family 
     treatment program focused on the treatment of the parent and 
     child.
       ``(2) The program and its providers meet all applicable 
     State licensor and certification requirements regarding the 
     provision of substance abuse treatment services.
       ``(3) Each parent offender who participates in the program 
     is sentenced to, or placed with, a long-term family treatment 
     program (which shall include a residential component).
       ``(4) Each parent offender who participates in the program 
     serves a sentence with respect to the underlying crime if 
     that parent offender does not successfully complete treatment 
     with the residential treatment provider.
       ``(5) The program has mandatory periodic drug testing. The 
     Secretary shall, by prescribing guidelines or regulations, 
     specify standards for the timing and manner of complying with 
     such testing. The standards shall ensure that--
       ``(A) each individual participating in the program as an 
     alternative to incarceration is tested for every controlled 
     substance that the participant has been known to abuse, and 
     for any other controlled substance the Secretary may require; 
     and
       ``(B) the testing is accurate and practicable; and
       ``(C) the drug testing regime is a factor in determinations 
     of whether program participants successfully complete 
     treatment.
       ``(d) Allocation of Awards.--In making awards under 
     subsection (a), the Secretary shall give priority to any 
     entity that agrees to use the award for a program serving an 
     area that--
       ``(1) is a rural area, an area designated under section 332 
     by the Administrator of the Health Resources and Services 
     Administration as a health professional shortage area with a 
     shortage of mental health professionals, or an area 
     determined by the Secretary to have a shortage of family-
     based substance abuse treatment options; and
       ``(2) is determined by the Secretary to have high rates of 
     addiction to methamphetamine or other drugs.
       ``(e) Definitions.--In this section the terms `family drug 
     treatment', `family treatment', and `comprehensive, long-term 
     family treatment' describe programs that provide, or are able 
     to provide referrals for, the following services: Substance 
     abuse treatment, children's early intervention services, 
     family counseling, legal services, medical care, mental 
     health services, nursery and preschool, parenting skills 
     training, pediatric care, prenatal care, sexual abuse 
     therapy, relapse prevention, transportation, and job or 
     vocational training or general equivalency diploma (GED) 
     classes.
       ``(f) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there are authorized to be 
     appropriated $40,000,000 for each of fiscal years 2008, 2009, 
     and 2010, and $50,000,000 for each of fiscal years 2011 and 
     2012.''.
                                 ______
                                 
      By Mr. BINGAMAN (for himself and Mr. Leahy):
  S. 886. A bill toamend chapter 22 of title 44, United States Code, 
popularly known as the Presidential Records Act, to establish 
procedures for the consideration of claims of constitutionally based 
privilege against disclosure of Presidential records; to the Committee 
on Homeland Security and Governmental Affairs.
  Mr. BINGAMAN. Mr. President, I rise today with my colleague from 
Vermont, Senator Leahy, to introduce a bill that would restore the 
American people's access to Presidential papers. This bill is the 
companion to H.R. 1255, which is sponsored by Representative Henry 
Waxman, and was passed in the House of Representatives with strong 
bipartisan support.
  In 1978, this body passed the Presidential Records Act and declared 
that a President's papers were the property of the people of the United 
States of America and were to be administered by the National Archives 
and Records Administration, or NARA. The Act provided that Presidential 
papers would be made available 12 years after a President left office, 
allowing the former or incumbent President the right to claim executive 
privilege for particularly sensitive documents. In order to fulfill 
that mandate, President Reagan in 1989 signed Executive Order 12667, 
which gave the former or incumbent President 30 days to claim executive 
privilege.
  However, in 2001, President Bush issued Executive Order 13233, 
nullifying President Reagan's order and imposing new regulations for 
obtaining Presidential and Vice-Presidential documents. President 
Bush's new order greatly restricts access to Presidential papers by 
requiring that all requests for documents, no matter how innocuous, be 
approved by both the former President and current White House. In this 
way the order goes against the letter and the spirit of the 
Presidential Records Act by creating a presumption of nondisclosure, 
thus allowing the White House to prevent the release of records simply 
by inaction.
  The President's order also limits what types of papers are available 
by expanding the scope of executive privilege into new areas--namely 
communications between the President and his advisors and legal advice 
given to the President. The order extends executive privilege to the 
records of the Vice President for the first time. Also, former 
Presidents can now designate third parties, including family members 
and Vice Presidents, to exercise executive privilege on their behalf, 
meaning that Presidential papers could remain concealed many years 
after a President's death. These expansions raise some serious 
constitutional questions. Deleted sentence. My legislation simply seeks 
to restore a presumption that Presidential records belong to the people 
of the United States and to create a legitimate, streamlined means of 
carrying out this body's wishes--making Presidential records available 
for examination by the public and by Congress.
  The administration shouldn't fear passage of this bill. Any documents 
that contain sensitive national security information would remain 
inaccessible, as would any documents pertaining to law enforcement or 
the deliberative process of the executive branch. Executive privilege 
for both former and current Presidents would still apply to any papers 
the White House designates. With these safeguards in place, there is no 
reason to further hinder access to documents that are in some cases 
more than 20 years old.
  By not passing this bill, the Congress would greatly limit its own 
ability to investigate previous administrations, not to mention limit 
the ability of historians and other interested parties to research the 
past. Knowledge of the past enriches and informs our understanding of 
the present, and by limiting our access to these documents we do both 
ourselves and future generations a great disservice. Numerous 
historians, journalists, archivists and other scholars have voiced 
their disapproval of Executive Order 13233 because they understand how 
important access to Presidential papers can be to accurately describing 
and learning from past events. We here in the Congress cannot and 
should not surrender our ability to investigate previous Presidential 
administrations because doing so would remove a vitally important means 
of ensuring Presidential accountbility.
  I believe it is time for these documents to become part of the public 
record. I believe in open, honest, and accountable government, and I do 
not believe in keeping secrets from the American people. The 
Presidential Records Act was one of this country's most vital post-
Watergate reforms and

[[Page S3141]]

it remains vitally important today. In these times when trust in 
government is slipping more and more every day, we need to send a 
statement to the American people that we here in Washington don't need 
to hide from public scrutiny--that instead we welcome and encourage 
public scrutiny. This bill will send just such a message.
  Franklin Roosevelt commented on the opening of his Presidential 
library in 1941:
  ``To bring together the records of the past and to house them in 
buildings where they will be preserved for the use of men and women in 
the future, a Nation must believe in three things. It must believe in 
the past. I must believe in the future. It must, above all, believe in 
the capacity of its own people to learn from the past so that they can 
gain in judgment in creating their own future.''
  I believe that the American people deserve and need access to 
Presidential records.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 886

       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 ``Presidential Records Act 
     Amendments of 2007''.

     SEC. 2. PROCEDURES FOR CONSIDERATION OF CLAIMS OF 
                   CONSTITUTIONALLY BASED PRIVILEGE AGAINST 
                   DISCLOSURE.

       (a) In General.--Chapter 22 of title 44, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2208. Claims of constitutionally based privilege 
       against disclosure

       ``(a)(1) When the Archivist determines under this chapter 
     to make available to the public any Presidential record that 
     has not previously been made available to the public, the 
     Archivist shall--
       ``(A) promptly provide notice of such determination to--
       ``(i) the former President during whose term of office the 
     record was created; and
       ``(ii) the incumbent President; and
       ``(B) make the notice available to the public.
       ``(2) The notice under paragraph (1)--
       ``(A) shall be in writing; and
       ``(B) shall include such information as may be prescribed 
     in regulations issued by the Archivist.
       ``(3)(A) Upon the expiration of the 20-day period 
     (excepting Saturdays, Sundays, and legal public holidays) 
     beginning on the date the Archivist provides notice under 
     paragraph (1)(A), the Archivist shall make available to the 
     public the record covered by the notice, except any record 
     (or reasonably segregable part of a record) with respect to 
     which the Archivist receives from a former President or the 
     incumbent President notification of a claim of 
     constitutionally based privilege against disclosure under 
     subsection (b).
       ``(B) A former President or the incumbent President may 
     extend the period under subparagraph (A) once for not more 
     than 20 additional days (excepting Saturdays, Sundays, and 
     legal public holidays) by filing with the Archivist a 
     statement that such an extension is necessary to allow an 
     adequate review of the record.
       ``(C) Notwithstanding subparagraphs (A) and (B), if the 
     period under subparagraph (A), or any extension of that 
     period under subparagraph (B), would otherwise expire after 
     January 19 and before July 20 of the year in which the 
     incumbent President first takes office, then such period or 
     extension, respectively, shall expire on July 20 of that 
     year.
       ``(b)(1) For purposes of this section, any claim of 
     constitutionally based privilege against disclosure shall be 
     asserted personally by a former President or the incumbent 
     President, as applicable.
       ``(2) A former President or the incumbent President shall 
     notify the Archivist, the Committee on Oversight and 
     Government Reform of the House of Representatives, and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate of a privilege claim under paragraph (1) on the 
     same day that the claim is asserted under paragraph (1).
       ``(c)(1) The Archivist shall not make publicly available a 
     Presidential record that is subject to a privilege claim 
     asserted by a former President until the expiration of the 
     20-day period (excluding Saturdays, Sundays, and legal public 
     holidays) beginning on the date the Archivist is notified of 
     the claim.
       ``(2) Upon the expiration of such period the Archivist 
     shall make the record publicly available unless otherwise 
     directed by a court order in an action initiated by the 
     former President under section 2204(e).
       ``(d)(1) The Archivist shall not make publicly available a 
     Presidential record that is subject to a privilege claim 
     asserted by the incumbent President unless--
       ``(A) the incumbent President withdraws the privilege 
     claim; or
       ``(B) the Archivist is otherwise directed by a final court 
     order that is not subject to appeal.
       ``(2) This subsection shall not apply with respect to any 
     Presidential record required to be made available under 
     section 2205(2)(A) or (C).
       ``(e) The Archivist shall adjust any otherwise applicable 
     time period under this section as necessary to comply with 
     the return date of any congressional subpoena, judicial 
     subpoena, or judicial process.''.
       (b) Restrictions.--Section 2204 of title 44, United States 
     Code (relating to restrictions on access to presidential 
     records) is amended by adding at the end the following:
       ``(f) The Archivist shall not make available any original 
     presidential records to any individual claiming access to any 
     presidential record as a designated representative under 
     section 2205(3) if that individual has been convicted of a 
     crime relating to the review, retention, removal, or 
     destruction of records of the Archives.''.
       (c) Conforming Amendments.--(1) Section 2204(d) of title 
     44, United States Code, is amended by inserting ``, except 
     section 2208,'' after ``chapter''.
       (2) Section 2207 of title 44, United States Code, is 
     amended in the second sentence by inserting ``, except 
     section 2208,'' after ``chapter''.
       (d) Clerical Amendment.--The table of sections at the 
     beginning of chapter 22 of title 44, United States Code, is 
     amended by adding at the end the following:

``2208. Claims of constitutionally based privilege against 
              disclosure.''.

     SEC. 3. EXECUTIVE ORDER OF NOVEMBER 1, 2001.

       Executive Order number 13233, dated November 1, 2001 (66 
     Fed. Reg. 56025), shall have no force or effect.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself and Mr. Durbin):
  S. 887. A bill to restore import and entry agricultural inspection 
functions to the Department of Agriculture; to the Committee on 
Homeland Security and Governmental Affairs.
  Mrs. FEINSTEIN. Mr. President, I rise today to offer a bill with 
Senator Durbin to restore our Nation's agricultural inspection 
functions to the Department of Agriculture.
  This bill would transfer the Agricultural Quarantine Inspection 
Program--AQI--from the Department of Homeland Security's Customs and 
Border Protection back to the USDA's Animal and Plant Health Inspection 
Service--(APHIS).
  In 2003, as part of the Homeland Security Act, agricultural 
inspections at all points of entry in the United States were 
transferred from the USDA to DHS. Four years later, it is clear that 
fewer agricultural inspections are being conducted at our borders and 
ports.
  I have heard this message loud and clear from: California Secretary 
of Agriculture A.G. Kawamura, California Farm Bureau, the American 
Landscape and Nursery Association, the California Agriculture 
Commissioners and Sealers Association, the Nisei Farmers League, the 
Nature Conservancy, Environmental Defense, National Wildlife 
Federation, Union of Concerned Scientists, Defenders of Wildlife, and 
the San Diego County Agriculture Commissioner, the Contra Costa County 
Agriculture Commissioner, and many California farmers.
  These groups have observed not only the decrease in the number of 
inspections since the Agricultural Quarantine Inspection Program was 
transferred to the Department of Homeland Security--DHS--but also 
decreased communication between the program and State agricultural 
organizations.
  Last year, the Government Accountability Office produced a report 
that highlighted the problems associated with the transfer of the 
program from the U.S. Department of Agriculture to the Department of 
Homeland Security, entitled ``Homeland Security: Management and 
Coordination Problems Increase the Vulnerability of U.S. Agriculture to 
Foreign Pests and Disease.''
  The GAO study found:
  The inspection rate at several key American points of entry has 
significantly decreased. Inspections decreased in Miami by 12.7 
percent, in Boston by 17.9 percent, and San Francisco by 21.4 percent.
  Sixty percent of agricultural inspection specialists believed they 
were doing either ``somewhat'' or ``many fewer'' inspections since the 
transfer.
  Sixty-three percent of survey respondents did not believe that their 
port had enough agriculture specialists to carry out agriculture 
duties.
  Lastly, 64 percent of the agriculture specialists reported that their 
work was not respected by Customs and Border Patrol.
  These statistics are deplorable.
  The failure to protect our borders from the invasion of agricultural 
pests

[[Page S3142]]

places our farmlands and forests at great risk of infestation.
  USDA estimates nationally that agricultural pests cost the American 
agricultural industry an annual loss of about $41 billion.
  In California alone, pest infestations cost my State's farmers about 
$3 billion. This amount includes crops lost in the quarantine, and the 
cost of measures taken to control and eradicate pest outbreaks.
  The farmers in my State continue to battle against serious 
agricultural pests, such as the glassy-winged sharpshooter, the Asian 
long-horned beetle, the Mediterranean fruit fly, and many others.
  During the time that DHS has been in charge of agriculture 
inspections, Fresno County experienced its first fruit fly outbreak, 
quarantine, and eradication.
  According to the Fresno County Department of Agriculture, a 105-
square-mile area had to be quarantined due to an outbreak of the peach 
fruit fly. The pest is indigenous to Asia, and is believed to have 
entered the country on smuggled fruit carried by an airline passenger. 
The eradication effort cost approximately $1 million.
  The interception of pests at inspection points, coupled with the 
elimination and eradication of pest outbreaks, is a top priority for 
California agriculture organizations. And these groups have asked for 
help in improving the agricultural inspection process.
  But this is not just a California problem. Farmers and foresters from 
every corner of our country have faced the imposing threat of a foreign 
agriculture pest invasion.
  Here are just a few examples of the pests that threaten our Nation:
  The glassy-winged sharpshooter is a devastating new pest for 
California. Since its migration into California in 1990 from the 
southeastern United States, the glassy-winged sharpshooter population 
there has ballooned throughout southern California. This pest transmits 
Pierce's disease, which threatens 450,000-plus acres of winegrapes, 
more than 330,000 acres of raisin and table grapevines, a crop 
production of $4 billion and associated economic activity of $45 
billion. There is no known cure for Pierce's disease. The glassy-winged 
sharpshooter also threatens crops such as almonds, citrus, and peaches 
as well as native plants, shrubs, and trees.
  Citrus canker is believed to have originated in Southeast Asia and 
was discovered in Florida in 1995. It causes lesions on the leaves, 
stems, and fruit of citrus trees, causes leaves and fruit to drop 
prematurely, and makes fruit too unsightly to be sold. The Federal 
Government has spent $378 million for eradication, with little results.
  The Asian long-horned beetle was introduced to the United States in 
August 1996 inside solid wood packing material from China. The beetle 
is a serious threat to hardwood trees and has no known natural predator 
in the United States. The beetle has the potential to destroy millions 
of acres of America's hardwood forests and industries such as lumber, 
maple syrup, nursery, and tourism accumulating over $41 billion in 
losses. The beetle has spread to New York, New Jersey, Illinois, and 
California.
  In the summer of 2002, scientists detected a new exotic insect in 
Michigan, the emerald ash borer. This insect is an invasive species 
originally from Asia. To date, it has killed or damaged millions of ash 
trees in Michigan. It has been detected in Ohio, Indiana, Maryland, 
Ohio, Illinois, and in Ontario, Canada.
  The National Association of State Departments of Agriculture--NASDA--
recognizes the impending danger and has first-hand experience of how 
inspections have changed since the DHS takeover.
  NASDA recently announced that one of its key recommendations is to 
reassign cargo inspection from DHS to USDA's Animal and Plant Health 
Inspection Service--APHIS.
  NASDA explains: APHIS has ``the expertise and communication system to 
carry out a focused and effective agricultural safeguarding effort at 
our borders.''
  Our Nation's agriculture is too important to leave open to the risk 
of invasion of agricultural pests. I urge my colleagues to join me in 
supporting this bill.
  Let us reprioritize the plant and animal border inspections and 
strengthen the anti-terrorism mission of DHS by returning the 
Agricultural Quarantine Inspections to its logical place, the United 
States Department of Agriculture.
  I ask unanimous consent that the text of the legislation be printed 
in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 887

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

     SECTION 1. RESTORATION OF IMPORT AND ENTRY AGRICULTURAL 
                   INSPECTION FUNCTIONS TO THE DEPARTMENT OF 
                   AGRICULTURE.

       (a) Repeal of Transfer of Functions.--Section 421 of the 
     Homeland Security Act of 2002 (6 U.S.C. 231) is repealed.
       (b) Conforming Amendment to Function of Secretary of 
     Homeland Security.--Section 402 of the Homeland Security Act 
     of 2002 (6 U.S.C. 202) is amended--
       (1) by striking paragraph (7); and
       (2) by redesignating paragraph (8) as paragraph (7).
       (c) Transfer Agreement.--
       (1) In general.--Not later than the effective date 
     described in subsection (g), the Secretary of Agriculture and 
     the Secretary of Homeland Security shall enter into an 
     agreement to effectuate the return of functions required by 
     the amendments made by this section.
       (2) Use of certain employees.--The agreement may include 
     authority for the Secretary of Agriculture to use employees 
     of the Department of Homeland Security to carry out 
     authorities delegated to the Animal and Plant Health 
     Inspection Service regarding the protection of domestic 
     livestock and plants.
       (d) Restoration of Department of Agriculture Employees.--
     Not later than the effective date described in subsection 
     (e), all full-time equivalent positions of the Department of 
     Agriculture transferred to the Department of Homeland 
     Security under section 421(g) of the Homeland Security Act of 
     2002 (6 U.S.C. 231(g)) (as in effect on the day before the 
     effective date described in subsection (g)) shall be restored 
     to the Department of Agriculture.
       (e) Authority of APHIS.--
       (1) Establishment of program.--The Secretary of Agriculture 
     shall establish within the Animal and Plant Health Inspection 
     Service a program, to be known as the ``International 
     Agricultural Inspection Program'', under which the 
     Administrator of the Animal and Plant Health Inspection 
     Service (referred to in this subsection as the 
     ``Administrator'') shall carry out import and entry 
     agricultural inspections.
       (2) Information gathering and inspections.--In carrying out 
     the program under paragraph (1), the Administrator shall have 
     full access to--
       (A) each secure area of any terminal for screening 
     passengers or cargo under the control of the Department of 
     Homeland Security on the day before the date of enactment of 
     this Act for purposes of carrying out inspections and 
     gathering information; and
       (B) each database (including any database relating to cargo 
     manifests or employee and business records) under the control 
     of the Department of Homeland Security on the day before the 
     date of enactment of this Act for purposes of gathering 
     information.
       (3) Inspection alerts.--The Administrator may issue 
     inspection alerts, including by indicating cargo to be held 
     for immediate inspection.
       (4) Inspection user fees.--The Administrator may, as 
     applicable--
       (A) continue to collect any agricultural quarantine 
     inspection user fee; and
       (B) administer any reserve account for the fees.
       (5) Career track program.--
       (A) In general.--The Administrator shall establish a 
     program, to be known as the ``import and entry agriculture 
     inspector career track program'', to support the development 
     of long-term career professionals with expertise in import 
     and entry agriculture inspection.
       (B) Strategic plan and training.--In carrying out the 
     program under this paragraph, the Administrator, in 
     coordination with the Secretary of Agriculture, shall--
       (i) develop a strategic plan to incorporate import and 
     entry agricultural inspectors into the infrastructure 
     protecting food, fiber, forests, bioenergy, and the 
     environment of the United States from animal and plant pests, 
     diseases, and noxious weeds; and
       (ii) as part of the plan under clause (i), provide training 
     for import and entry agricultural inspectors participating in 
     the program not less frequently than once each year to 
     improve inspection skills
       (f) Duties of Secretary.--
       (1) In general.--The Secretary of Agriculture (referred to 
     in this subsection as the ``Secretary'') shall--
       (A) develop standard operating procedures for inspection, 
     monitoring, and auditing relating to import and entry 
     agricultural inspections, in accordance with recommendations 
     from the Comptroller General of the United States and reports 
     of interagency advisory groups, as applicable; and

[[Page S3143]]

       (B) ensure that the Animal and Plant Health Inspection 
     Service has a national electronic system with real-time 
     tracking capability for monitoring, tracking, and reporting 
     inspection activities of the Service.
       (2) Federal and state cooperation.--
       (A) Communication system.--The Secretary shall develop and 
     maintain an integrated, real-time communication system with 
     respect to import and entry agricultural inspections to alert 
     State departments of agriculture of significant inspection 
     findings of the Animal and Plant Health Inspection Service.
       (B) Advisory committee.--
       (i) Establishment.--The Secretary shall establish a 
     committee, to be known as the ``International Trade 
     Inspection Advisory Committee'' (referred to in this 
     subparagraph as the ``committee''), to advise the Secretary 
     on policies and other issues relating to import and entry 
     agricultural inspection.
       (ii) Model.--In establishing the committee, the Secretary 
     shall use as a model the Agricultural Trade Advisory 
     Committee.
       (iii) Membership.--The committee shall be composed of 
     members representing--

       (I) State departments of agriculture;
       (II) directors of ports and airports in the United States;
       (III) the transportation industry;
       (IV) the public; and
       (V) such other entities as the Secretary determines to be 
     appropriate.

       (3) Report.--Not less frequently than once each year, the 
     Secretary shall submit to Congress a report containing an 
     assessment of--
       (A) the resource needs for import and entry agricultural 
     inspection, including the number of inspectors required;
       (B) the adequacy of--
       (i) inspection and monitoring procedures and facilities in 
     the United States; and
       (ii) the strategic plan developed under subsection 
     (e)(5)(B)(i); and
       (C) new and potential technologies and practices, including 
     recommendations regarding the technologies and practices, to 
     improve import and entry agricultural inspection.
       (4) Funding.--The Secretary shall pay the costs of each 
     import and entry agricultural inspector employed by the 
     Animal and Plant Health Inspection Service--
       (A) from amounts made available to the Department of 
     Agriculture for the applicable fiscal year; or
       (B) if amounts described in subparagraph (A) are 
     unavailable, from amounts of the Commodity Credit 
     Corporation.
       (g) Effective Date.--The amendments made by this section 
     take effect on the date that is 180 days after the date of 
     enactment of this Act.

                          ____________________