[Congressional Record Volume 154, Number 107 (Thursday, June 26, 2008)]
[Senate]
[Pages S6287-S6295]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. McCONNELL (for himself, Mr. Alexander, Mr. Allard, Mr.
Barrasso, Mr. Bennett, Mr. Bond, Mr. Brownback, Mr. Bunning,
Mr. Burr, Mr. Chambliss, Mr. Coburn, Mr. Cochran, Mr. Coleman,
Mr. Corker, Mr. Cornyn, Mr. Craig, Mr. Crapo, Mr. DeMint, Mrs.
Dole, Mr. Domenici, Mr. Ensign, Mr. Enzi, Mr. Graham, Mr.
Grassley, Mr. Gregg, Mr. Hatch, Mrs. Hutchison, Mr. Inhofe, Mr.
Isakson, Mr. Kyl, Mr. Lugar, Mr. Martinez, Ms. Murkowski, Mr.
Roberts, Mr. Sessions, Mr. Shelby, Mr. Specter, Mr. Stevens,
Mr. Sununu, Mr. Thune, Mr. Vitter, Mr. Voinovich, Mr. Warner,
and Mr. Wicker):
S. 3202. A bill to address record high gas prices at the pump, and
for other purposes; read the first time.
Mr. McCONNELL. 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
placed in the Record, as follows:
S. 3202
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 ``Gas Price
Reduction Act of 2008''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--DEEP SEA EXPLORATION
Sec. 101. Publication of projected State lines on outer Continental
Shelf.
Sec. 102. Production of oil and natural gas in new producing areas.
Sec. 103. Conforming amendments.
TITLE II--WESTERN STATE OIL SHALE EXPLORATION
Sec. 201. Removal of prohibition on final regulations for commercial
leasing program for oil shale resources on public land.
TITLE III--PLUG-IN ELECTRIC CARS AND TRUCKS
Sec. 301. Advanced batteries for electric drive vehicles.
TITLE IV--ENERGY COMMODITY MARKETS
Sec. 401. Study of international regulation of energy commodity
markets.
Sec. 402. Foreign boards of trade.
Sec. 403. Index traders and swap dealers; disaggregation of index
funds.
Sec. 404. Improved oversight and enforcement.
TITLE I--DEEP SEA EXPLORATION
SEC. 101. PUBLICATION OF PROJECTED STATE LINES ON OUTER
CONTINENTAL SHELF.
Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1333(a)(2)(A)) is amended--
(1) by designating the first, second, and third sentences
as clause (i), (iii), and (iv), respectively;
(2) in clause (i) (as so designated), by inserting before
the period at the end the following: ``not later than 90 days
after the date of enactment of the Gas Price Reduction Act of
2008''; and
(3) by inserting after clause (i) (as so designated) the
following:
``(ii)(I) The projected lines shall also be used for the
purpose of preleasing and leasing activities conducted in new
producing areas under section 32.
[[Page S6288]]
``(II) This clause shall not affect any property right or
title to Federal submerged land on the outer Continental
Shelf.
``(III) In carrying out this clause, the President shall
consider the offshore administrative boundaries beyond State
submerged lands for planning, coordination, and
administrative purposes of the Department of the Interior,
but may establish different boundaries.''.
SEC. 102. PRODUCTION OF OIL AND NATURAL GAS IN NEW PRODUCING
AREAS.
The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.) is amended by adding at the end the following:
``SEC. 32. PRODUCTION OF OIL AND NATURAL GAS IN NEW PRODUCING
AREAS.
``(a) Definitions.--In this section:
``(1) Coastal political subdivision.--The term `coastal
political subdivision' means a political subdivision of a new
producing State any part of which political subdivision is--
``(A) within the coastal zone (as defined in section 304 of
the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of
the new producing State as of the date of enactment of this
section; and
``(B) not more than 200 nautical miles from the geographic
center of any leased tract.
``(2) Moratorium area.--
``(A) In general.--The term `moratorium area' means an area
covered by sections 104 through 105 of the Department of the
Interior, Environment, and Related Agencies Appropriations
Act, 2008 (Public Law 110-161; 121 Stat. 2118) (as in effect
on the day before the date of enactment of this section).
``(B) Exclusion.--The term `moratorium area' does not
include an area located in the Gulf of Mexico.
``(3) New producing area.--The term `new producing area'
means any moratorium area within the offshore administrative
boundaries beyond the submerged land of a State that is
located greater than 50 miles from the coastline of the
State.
``(4) New producing state.--The term `new producing State'
means a State that has, within the offshore administrative
boundaries beyond the submerged land of the State, a new
producing area available for oil and gas leasing under
subsection (b).
``(5) Offshore administrative boundaries.--The term
`offshore administrative boundaries' means the administrative
boundaries established by the Secretary beyond State
submerged land for planning, coordination, and administrative
purposes of the Department of the Interior and published in
the Federal Register on January 3, 2006 (71 Fed. Reg. 127).
``(6) Qualified outer continental shelf revenues.--
``(A) In general.--The term `qualified outer Continental
Shelf revenues' means all rentals, royalties, bonus bids, and
other sums due and payable to the United States from leases
entered into on or after the date of enactment of this
section for new producing areas.
``(B) Exclusions.--The term `qualified outer Continental
Shelf revenues' does not include--
``(i) revenues from a bond or other surety forfeited for
obligations other than the collection of royalties;
``(ii) revenues from civil penalties;
``(iii) royalties taken by the Secretary in-kind and not
sold;
``(iv) revenues generated from leases subject to section
8(g); or
``(v) any revenues considered qualified outer Continental
Shelf revenues under section 102 of the Gulf of Mexico Energy
Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-
432).
``(b) Petition for Leasing New Producing Areas.--
``(1) In general.--Beginning on the date on which the
President delineates projected State lines under section
4(a)(2)(A)(ii), the Governor of a State, with the concurrence
of the legislature of the State, with a new producing area
within the offshore administrative boundaries beyond the
submerged land of the State may submit to the Secretary a
petition requesting that the Secretary make the new producing
area available for oil and gas leasing.
``(2) Action by secretary.--Notwithstanding section 18, as
soon as practicable after receipt of a petition under
paragraph (1), the Secretary shall approve the petition if
the Secretary determines that leasing the new producing area
would not create an unreasonable risk of harm to the marine,
human, or coastal environment.
``(c) Disposition of Qualified Outer Continental Shelf
Revenues From New Producing Areas.--
``(1) In general.--Notwithstanding section 9 and subject to
the other provisions of this subsection, for each applicable
fiscal year, the Secretary of the Treasury shall deposit--
``(A) 50 percent of qualified outer Continental Shelf
revenues in the general fund of the Treasury; and
``(B) 50 percent of qualified outer Continental Shelf
revenues in a special account in the Treasury from which the
Secretary shall disburse--
``(i) 75 percent to new producing States in accordance with
paragraph (2); and
``(ii) 25 percent to provide financial assistance to States
in accordance with section 6 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l -8), which
shall be considered income to the Land and Water Conservation
Fund for purposes of section 2 of that Act (16 U.S.C. 460l-
5).
``(2) Allocation to new producing states and coastal
political subdivisions.--
``(A) Allocation to new producing states.--Effective for
fiscal year 2008 and each fiscal year thereafter, the amount
made available under paragraph (1)(B)(i) shall be allocated
to each new producing State in amounts (based on a formula
established by the Secretary by regulation) proportional to
the amount of qualified outer Continental Shelf revenues
generated in the new producing area offshore each State.
``(B) Payments to coastal political subdivisions.--
``(i) In general.--The Secretary shall pay 20 percent of
the allocable share of each new producing State, as
determined under subparagraph (A), to the coastal political
subdivisions of the new producing State.
``(ii) Allocation.--The amount paid by the Secretary to
coastal political subdivisions shall be allocated to each
coastal political subdivision in accordance with the
regulations promulgated under subparagraph (A).
``(3) Minimum allocation.--The amount allocated to a new
producing State for each fiscal year under paragraph (2)
shall be at least 5 percent of the amounts available for the
fiscal year under paragraph (1)(B)(i).
``(4) Timing.--The amounts required to be deposited under
subparagraph (B) of paragraph (1) for the applicable fiscal
year shall be made available in accordance with that
subparagraph during the fiscal year immediately following the
applicable fiscal year.
``(5) Authorized uses.--
``(A) In general.--Subject to subparagraph (B), each new
producing State and coastal political subdivision shall use
all amounts received under paragraph (2) in accordance with
all applicable Federal and State laws, only for 1 or more of
the following purposes:
``(i) Projects and activities for the purposes of coastal
protection, including conservation, coastal restoration,
hurricane protection, and infrastructure directly affected by
coastal wetland losses.
``(ii) Mitigation of damage to fish, wildlife, or natural
resources.
``(iii) Implementation of a federally approved marine,
coastal, or comprehensive conservation management plan.
``(iv) Funding of onshore infrastructure projects.
``(v) Planning assistance and the administrative costs of
complying with this section.
``(B) Limitation.--Not more than 3 percent of amounts
received by a new producing State or coastal political
subdivision under paragraph (2) may be used for the purposes
described in subparagraph (A)(v).
``(6) Administration.--Amounts made available under
paragraph (1)(B) shall--
``(A) be made available, without further appropriation, in
accordance with this subsection;
``(B) remain available until expended; and
``(C) be in addition to any amounts appropriated under--
``(i) other provisions of this Act;
``(ii) the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-4 et seq.); or
``(iii) any other provision of law.
``(d) Disposition of Qualified Outer Continental Shelf
Revenues From Other Areas.--Notwithstanding section 9, for
each applicable fiscal year, the terms and conditions of
subsection (c) shall apply to the disposition of qualified
outer Continental Shelf revenues that--
``(1) are derived from oil or gas leasing in an area that
is not included in the current 5-year plan of the Secretary
for oil or gas leasing; and
``(2) are not assumed in the budget of the United States
Government submitted by the President under section 1105 of
title 31, United States Code.''.
SEC. 103. CONFORMING AMENDMENTS.
Sections 104 and 105 of the Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2008
(Public Law 110-161; 121 Stat. 2118) are amended by striking
``No funds'' each place it appears and inserting ``Except as
provided in section 32 of the Outer Continental Shelf Lands
Act, no funds''.
TITLE II--WESTERN STATE OIL SHALE EXPLORATION
SEC. 201. REMOVAL OF PROHIBITION ON FINAL REGULATIONS FOR
COMMERCIAL LEASING PROGRAM FOR OIL SHALE
RESOURCES ON PUBLIC LAND.
Section 433 of the Department of the Interior, Environment,
and Related Agencies Appropriations Act, 2008 (Public Law
110-161; 121 Stat. 2152) is repealed.
TITLE III--PLUG-IN ELECTRIC CARS AND TRUCKS
SEC. 301. ADVANCED BATTERIES FOR ELECTRIC DRIVE VEHICLES.
(a) Definitions.--In this section:
(1) Advanced battery.--The term ``advanced battery'' means
an electrical storage device that is suitable for a vehicle
application.
(2) Engineering integration costs.--The term ``engineering
integration costs'' includes the cost of engineering tasks
relating to--
(A) the incorporation of qualifying components into the
design of an advanced battery; and
(B) the design of tooling and equipment and the development
of manufacturing processes and material for suppliers of
production facilities that produce qualifying components or
advanced batteries.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Advanced Battery Research and Development.--
[[Page S6289]]
(1) In general.--The Secretary shall--
(A) expand and accelerate research and development efforts
for advanced batteries; and
(B) emphasize lower cost means of producing abuse-tolerant
advanced batteries with the appropriate balance of power and
energy capacity to meet market requirements.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $100,000,000
for each of fiscal years 2010 through 2014.
(c) Direct Loan Program.--
(1) In general.--Subject to the availability of
appropriated funds, not later than 1 year after the date of
enactment of this Act, the Secretary shall carry out a
program to provide a total of not more than $250,000,000 in
loans to eligible individuals and entities for not more than
30 percent of the costs of 1 or more of--
(A) reequipping a manufacturing facility in the United
States to produce advanced batteries;
(B) expanding a manufacturing facility in the United States
to produce advanced batteries; or
(C) establishing a manufacturing facility in the United
States to produce advanced batteries.
(2) Eligibility.--
(A) In general.--To be eligible to obtain a loan under this
subsection, an individual or entity shall--
(i) be financially viable without the receipt of additional
Federal funding associated with a proposed project under this
subsection;
(ii) provide sufficient information to the Secretary for
the Secretary to ensure that the qualified investment is
expended efficiently and effectively; and
(iii) meet such other criteria as may be established and
published by the Secretary.
(B) Consideration.--In selecting eligible individuals or
entities for loans under this subsection, the Secretary may
consider whether the proposed project of an eligible
individual or entity under this subsection would--
(i) reduce manufacturing time;
(ii) reduce manufacturing energy intensity;
(iii) reduce negative environmental impacts or byproducts;
or
(iv) increase spent battery or component recycling
(3) Rates, terms, and repayment of loans.--A loan provided
under this subsection--
(A) shall have an interest rate that, as of the date on
which the loan is made, is equal to the cost of funds to the
Department of the Treasury for obligations of comparable
maturity;
(B) shall have a term that is equal to the lesser of--
(i) the projected life, in years, of the eligible project
to be carried out using funds from the loan, as determined by
the Secretary; or
(ii) 25 years; and
(C) may be subject to a deferral in repayment for not more
than 5 years after the date on which the eligible project
carried out using funds from the loan first begins
operations, as determined by the Secretary.
(4) Period of availability.--A loan under this subsection
shall be available for--
(A) facilities and equipment placed in service before
December 30, 2020; and
(B) engineering integration costs incurred during the
period beginning on the date of enactment of this Act and
ending on December 30, 2020.
(5) Fees.--The cost of administering a loan made under this
subsection shall not exceed $100,000.
(6) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this subsection for each of fiscal years 2009 through 2013.
(d) Sense of the Senate on Purchase of Plug-in Electric
Drive Vehicles.--It is the sense of the Senate that, to the
maximum extent practicable, the Federal Government should
implement policies to increase the purchase of plug-in
electric drive vehicles by the Federal Government.
TITLE IV--ENERGY COMMODITY MARKETS
SEC. 401. STUDY OF INTERNATIONAL REGULATION OF ENERGY
COMMODITY MARKETS.
(a) In General.--The Secretary of the Treasury, the
Chairman of the Board of Governors of the Federal Reserve
System, the Chairman of the Securities and Exchange
Commission, and the Chairman of the Commodity Futures Trading
Commission shall jointly conduct a study of the international
regime for regulating the trading of energy commodity futures
and derivatives.
(b) Analysis.--The study shall include an analysis of, at a
minimum--
(1) key common features and differences among countries in
the regulation of energy commodity trading, including with
respect to market oversight and enforcement;
(2) agreements and practices for sharing market and trading
data;
(3) the use of position limits or thresholds to detect and
prevent price manipulation, excessive speculation as
described in section 4a(a) of the Commodity Exchange Act (7
U.S.C. 6a(a)) or other unfair trading practices;
(4) practices regarding the identification of commercial
and noncommercial trading and the extent of market
speculation; and
(5) agreements and practices for facilitating international
cooperation on market oversight, compliance, and enforcement.
(c) Report.--Not later than 120 days after the date of
enactment of this Act, the heads of the Federal agencies
described in subsection (a) shall jointly submit to the
appropriate committees of Congress a report that--
(1) describes the results of the study; and
(2) provides recommendations to improve openness,
transparency, and other necessary elements of a properly
functioning market.
SEC. 402. FOREIGN BOARDS OF TRADE.
Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is
amended by adding at the end the following:
``(e) Foreign Boards of Trade.--
``(1) In general.--The Commission shall not permit a
foreign board of trade's members or other participants
located in the United States to enter trades directly into
the foreign board of trade's trade matching system with
respect to an agreement, contract, or transaction in an
energy commodity (as defined by the Commission) that settles
against any price, including the daily or final settlement
price, of a contract or contracts listed for trading on a
registered entity, unless--
``(A) the foreign board of trade makes public daily
information on settlement prices, volume, open interest, and
opening and closing ranges for the agreement, contract, or
transaction that is comparable to the daily trade information
published by the registered entity for the contract or
contracts against which it settles;
``(B) the foreign board of trade or a foreign futures
authority adopts position limitations (including related
hedge exemption provisions) or position accountability for
speculators for the agreement, contract, or transaction that
are comparable to the position limitations (including related
hedge exemption provisions) or position accountability
adopted by the registered entity for the contract or
contracts against which it settles; and
``(C) the foreign board of trade or a foreign futures
authority provides such information to the Commission
regarding the extent of speculative and non-speculative
trading in the agreement, contract, or transaction that is
comparable to the information the Commission determines is
necessary to publish its weekly report of traders (commonly
known as the Commitments of Traders report) for the contract
or contracts against which it settles.
``(2) Existing foreign boards of trade.--Paragraph (1)
shall become effective 1 year after the date of enactment of
this subsection with respect to any agreement, contract, or
transaction in an energy commodity (as defined by the
Commission) conducted on a foreign board of trade for which
the Commission's staff had granted relief from the
requirements of this Act prior to the date of enactment of
this subsection.''.
SEC. 403. INDEX TRADERS AND SWAP DEALERS; DISAGGREGATION OF
INDEX FUNDS.
Section 4 of the Commodity Exchange Act (7 U.S.C. 6) (as
amended by section 3) is amended by adding at the end the
following:
``(f) Index Traders and Swap Dealers.--
``(1) Reporting.--The Commission shall--
``(A) issue a proposed rule regarding routine reporting
requirements for index traders and swap dealers (as those
terms are defined by the Commission) in energy and
agricultural transactions (as those terms are defined by the
Commission) within the jurisdiction of the Commission not
later than 180 days after the date of enactment of this
subsection, and issue a final rule regarding such reporting
requirements not later than 270 days after the date of
enactment of this subsection; and
``(B) subject to the provisions of section 8, disaggregate
and make public monthly information on the positions and
value of index funds and other passive, long-only positions
in the energy and agricultural futures markets.
``(2) Report.--Not later than 90 days after the date of
enactment of this subsection, the Commission shall submit to
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report regarding--
``(A) the scope of commodity index trading in the futures
markets;
``(B) whether classification of index traders and swap
dealers in the futures markets can be improved for regulatory
and reporting purposes; and
``(C) whether, based on a review of the trading practices
for index traders in the futures markets--
``(i) index trading activity is adversely impacting the
price discovery process in the futures markets; and
``(ii) different practices and controls should be
required.''.
SEC. 404. IMPROVED OVERSIGHT AND ENFORCEMENT.
(a) Findings.--The Senate finds that--
(1) crude oil prices are at record levels and consumers in
the United States are paying record prices for gasoline;
(2) funding for the Commodity Futures Trading Commission
has been insufficient to cover the significant growth of the
futures markets;
(3) since the establishment of the Commodity Futures
Trading Commission, the volume of trading on futures
exchanges has grown 8,000 percent while staffing numbers have
decreased 12 percent; and
[[Page S6290]]
(4) in today's dynamic market environment, it is essential
that the Commodity Futures Trading Commission receive the
funding necessary to enforce existing authority to ensure
that all commodity markets, including energy markets, are
properly monitored for market manipulation.
(b) Additional Employees.--As soon as practicable after the
date of enactment of this Act, the Commodity Futures Trading
Commission shall hire at least 100 additional full-time
employees--
(1) to increase the public transparency of operations in
energy futures markets;
(2) to improve the enforcement in those markets; and
(3) to carry out such other duties as are prescribed by the
Commission.
(c) Authorization of Appropriations.--In addition to any
other funds made available to carry out the Commodity
Exchange Act (7 U.S.C. 1 et seq.), there are authorized to be
appropriated such sums as are necessary to carry out this
section for fiscal year 2009.
______
By Mr. DURBIN (for himself, Mr Lautenberg, and Mr. Kennedy):
S. 3206. A bill to amend titles V, XVIII, and XIX of the Social
Security Act to promote cessation of tobacco use under the Medicare
program, the Medicaid program, and the maternal and child health
services block grant program; to the Committee on Finance.
Mr. DURBIN. Mr. President, I rise today to introduce legislation to
help millions of Americans overcome a deadly addiction: the addiction
to tobacco. The Medicare, Medicaid and MCH Smoking Cessation Promotion
Act of 2008 will help make smoking cessation therapy available to
recipients of Medicare, Medicaid, and the Maternal and Child Health,
MCH, Program.
More than 45 million adults in the United States smoke cigarettes.
Approximately 90 percent started smoking before the age of 14. Despite
the fact that we have known for decades that cigarette smoking are the
leading preventable cause of death, 1,600 adults become regular smokers
each day, including 4,000 kids. Depending on your race/ethnicity,
socioeconomic status, even where you live, the likelihood that you are
a smoker varies greatly. African-Americans are twice as likely as the
general population to smoke. Communities in the South are more likely
to be smoker-friendly than other communities in the U.S. While 22.5
percent of the general adult population in the U.S. are current
smokers, the percentage is about 50 percent higher among Medicaid
recipients. Thirty-six percent of adults covered by Medicaid smoke.
We have a moral argument and an economic argument to end the
addiction to nicotine. Morally, how do we ignore the deaths of 438,000
smokers or 8.6 million Americans living with serious smoking-related
illnesses? Smoking causes virtually all cases of lung cancer and
contributes to primary heart disease, peripheral vascular disease,
chronic obstructive pulmonary disease, COPD, and other deadly health
ailments. It is too often a bleak future for smokers and their
families. An American Legacy Foundation report reminds us that second-
hand smoke in children of smokers leads to asthma and chronic ear
infections in children but also that 43,000 children are orphaned every
year because of tobacco-related deaths.
We are not only paying a heavy health toll, but an economic price as
well. According to the Campaign for Tobacco Free Kids, health care
expenditures caused by smoking is approaching $100 billion. Our federal
government pays $17.6 billion in smoking-caused Medicaid payments and
$27.4 billion in smoking-caused Medicare expenditures.
Ironically, we do not hear that much about how many smokers America--
70 percent--want to quit. Unfortunately, they face long odds--in 2000,
only about 5 percent of smokers were successful in quitting long-term.
Overcoming an addiction to tobacco is arguably one of the single most
important lifestyle changes that can improve and extend lives. However,
most smokers who want to quit don't appreciate how hard it really is to
break an addition to nicotine.
This is why it is essential that we make this decision and the
courage that it takes as easy as possible. States are already stepping
up to the plate when it comes to smoking cessation. Last year in my
home State of Illinois, a record-breaking 36 cities and counties
enacted smoke-free laws, more than any other State in the Nation. More
and more Illinoisans and Americans nationwide are realizing that life
without smoking is possible. And the support for cessation does not end
there. In fact, in 2003, 37 States had some form of coverage under
Medicaid for at least one evidence-based treatment for smoking
addiction. States like New Jersey and Oregon now have some of the
lowest smoking-related Medicaid costs.
Studies have shown that reducing adult smoking through tobacco use
treatment pays immediate dividends, both in terms of health
improvements and cost savings. Shortly after quitting smoking, blood
circulation improves, carbon monoxide levels in the blood decrease,
the risk of heart attack decreases, lung function and breathing are
improved, and coughing decreases.
Pregnant women who quit smoking before their second trimester
decrease the chances that they will give birth to a low-birth-weight
baby. Over the long term, quitting will reduce a person's risk of heart
disease and stroke, improve symptoms of COPD, reduce the risk of
developing smoking-caused cancer, and extend life expectancy.
We are fortunate to have identified clinically proven, effective
strategies to help smokers quit. Advancements in treating tobacco use
and nicotine addiction using pharmacotherapy and counseling have helped
millions kick the habit. An updated clinical practice guideline
released in May of 2008 by the U.S. Public Health Service urges health
care insurers and purchasers to include counseling and FDA-approved
pharmacologic treatments as a covered benefit. The Guideline also
emphasizes the role that counseling, especially in conjunction with
medication, increases the odds of success in quitting. As we urge
healthcare insurers and purchasers to offer this important benefit, so
too should our government sponsored health programs keep pace.
I am proud to be joined by my colleagues Senators Kennedy and
Lautenberg to introduce the Medicare, Medicaid and MCH Smoking
Cessation Promotion Act of 2008 and require government-sponsored health
programs to cover this important benefit. The Medicare, Medicaid, and
MCH Smoking Cessation Promotion Act of 2008 makes it easier for people
to have access to smoking cessation treatment therapies. It does three
meaningful things.
First, this bill adds a smoking cessation counseling benefit and
coverage of FDA-approved tobacco cessation drugs to Medicare. By 2020,
17 percent of the U.S. population will be 65 years of age or older. It
is estimated that Medicare will pay $800 billion to treat tobacco
related diseases over the next 20 years.
Second, this bill provides coverage for counseling, prescription and
non-prescription smoking cessation drugs in the Medicaid program. The
bill eliminates the provision in current federal law that allows States
to exclude FDA-approved smoking cessation therapies from coverage under
Medicaid. Despite the fact that the States have received payments from
their successful Federal lawsuit against the tobacco industry, less
than half the States provide coverage for smoking cessation in their
Medicaid program. Even if Medicaid covered cessation products and
services exclusively to pregnant women, we would see significant cost
savings and health improvements. Children whose mothers smoke during
pregnancy are almost twice as likely to develop asthma as those whose
mothers did not. Over 7 years, reducing smoking prevalence by just one
percentage point among pregnant women would prevent 57,200 low birth
weight births and save $572 million in direct medical costs.
Third, this bill ensures that the Maternal and Child Health Program
recognizes that medications used to promote smoking cessation and the
inclusion of anti-tobacco messages in health promotion are considered
part of quality maternal and child health services.
As Congress begins to examine more closely the impact of tobacco on
our country--considering regulation by the FDA or raising taxes to pay
for public health priorities--we must make sure we assist those
fighting this deadly addiction. I hope my colleagues will join me in
cosponsoring this legislation and taking a stand for the public health
of our Nation.
[[Page S6291]]
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. 3206
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 ``Medicare, Medicaid, and MCH
Tobacco Cessation Promotion Act of 2008''.
SEC. 2. MEDICARE COVERAGE OF COUNSELING FOR CESSATION OF
TOBACCO USE.
(a) Coverage.--Section 1861(s)(2) of the Social Security
Act (42 U.S.C. 1395x(s)(2)) is amended--
(1) in subparagraph (Z), by striking ``and'' at the end;
(2) in subparagraph (AA)(iii), by inserting ``and'' at the
end; and
(3) by adding at the end the following new subparagraph:
``(BB) counseling for cessation of tobacco use (as defined
in subsection (ddd));''.
(b) Services Described.--Section 1861 of the Social
Security Act (42 U.S.C. 1395x) is amended by adding at the
end the following new subsection:
``(ddd) Counseling for Cessation of Tobacco Use.--(1)(A)
Subject to subparagraph (B), the term `counseling for
cessation of tobacco use' means diagnostic, therapy, and
counseling services for cessation of tobacco use for
individuals who use tobacco products or who are being treated
for tobacco use which are furnished--
``(i) by or under the supervision of a physician;
``(ii) by a practitioner described in clause (i), (iii),
(iv), (v) or (vi) of section 1842(b)(18)(C); or
``(iii) by a licensed tobacco cessation counselor (as
defined in paragraph (2)).
``(B) Such term is limited to--
``(i) services recommended in `Treating Tobacco Use and
Dependence: A Clinical Practice Guideline', published by the
Public Health Service in May 2008, or any subsequent
modification of such Guideline; and
``(ii) such other services that the Secretary recognizes to
be effective.
``(2) In this subsection, the term `licensed tobacco
cessation counselor' means a tobacco cessation counselor
who--
``(A) is licensed as such by the State (or in a State which
does not license tobacco cessation counselors as such, is
legally authorized to perform the services of a tobacco
cessation counselor in the jurisdiction in which the
counselor performs such services); and
``(B) meets uniform minimum standards relating to basic
knowledge, qualification training, continuing education, and
documentation that are established by the Secretary for
purposes of this subsection.''.
(c) Payment and Elimination of Cost-Sharing for Counseling
for Cessation of Tobacco Use.--
(1) Payment and elimination of coinsurance.--Section
1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1))
is amended--
(A) by striking ``and'' before ``(V)''; and
(B) by inserting before the semicolon at the end the
following: ``, and (W) with respect to counseling for
cessation of tobacco use (as defined in section 1861(ddd)),
the amount paid shall be 100 percent of the lesser of the
actual charge for the service or the amount determined by a
fee schedule established by the Secretary for purposes of
this subparagraph''.
(2) Elimination of coinsurance in outpatient hospital
settings.--
(A) Exclusion from opd fee schedule.--Section
1833(t)(1)(B)(iv) of the Social Security Act (42 U.S.C.
1395l(t)(1)(B)(iv)) is amended by striking ``and diagnostic
mammography'' and inserting ``, diagnostic mammography, or
counseling for cessation of tobacco use (as defined in
section 1861(ddd))''.
(B) Conforming amendments.--Section 1833(a)(2) of the
Social Security Act (42 U.S.C. 1395l(a)(2)) is amended--
(i) in subparagraph (F), by striking ``and'' after the
semicolon at the end;
(ii) in subparagraph (G)(ii), by striking the comma at the
end and inserting ``; and''; and
(iii) by inserting after subparagraph (G)(ii) the following
new subparagraph:
``(H) with respect to counseling for cessation of tobacco
use (as defined in section 1861(ddd)) furnished by an
outpatient department of a hospital, the amount determined
under paragraph (1)(W),''.
(3) Elimination of deductible.--The first sentence of
section 1833(b) of the Social Security Act (42 U.S.C.
1395l(b)) is amended--
(A) by striking ``and'' before ``(8)''; and
(B) by inserting before the period the following: ``, and
(9) such deductible shall not apply with respect to
counseling for cessation of tobacco use (as defined in
section 1861(ddd))''.
(d) Application of Limits on Billing.--Section
1842(b)(18)(C) of the Social Security Act (42 U.S.C.
1395u(b)(18)(C)) is amended by adding at the end the
following new clause:
``(vii) A licensed tobacco cessation counselor (as defined
in section 1861(ddd)(2)).''.
(e) Inclusion as Part of Initial Preventive Physical
Examination.--Section 1861(ww)(2) of the Social Security Act
(42 U.S.C. 1395x(ww)(2)) is amended by adding at the end the
following new subparagraph:
``(M) Counseling for cessation of tobacco use (as defined
in subsection (ddd)).''.
(f) Effective Date.--The amendments made by this section
shall apply to services furnished on or after the date that
is 1 year after the date of enactment of this Act.
SEC. 3. MEDICARE COVERAGE OF TOBACCO CESSATION
PHARMACOTHERAPY.
(a) Inclusion of Tobacco Cessation Agents as Covered
Drugs.--Section 1860D-2(e)(1) of the Social Security Act (42
U.S.C. 1395w-102(e)(1)) is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon at the end;
(2) in subparagraph (B), by striking the comma at the end
and inserting ``; or''; and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) any agent approved by the Food and Drug
Administration for purposes of promoting, and when used to
promote, tobacco cessation that may be dispensed without a
prescription (commonly referred to as an `over-the-counter'
drug), but only if such an agent is prescribed by a physician
(or other person authorized to prescribe under State law),''.
(b) Establishment of Categories and Classes Consisting of
Tobacco Cessation Agents.--Section 1860D-4(b)(3)(C) of the
Social Security Act (42 U.S.C. 1395w-104(b)(3)(C)) is amended
by adding at the end the following new clause:
``(iv) Categories and classes of tobacco cessation
agents.--There shall be a therapeutic category or class of
covered part D drugs consisting of agents approved by the
Food and Drug Administration for cessation of tobacco use.
Such category or class shall include tobacco cessation agents
described in subparagraphs (A) and (C) of section 1860D-
2(e)(1).''.
(c) Conforming Amendment.--Section 1860D-2(e)(2)(A) of the
Social Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended
by striking ``, other than subparagraph (E) of such section
(relating to smoking cessation agents),''.
SEC. 4. PROMOTING CESSATION OF TOBACCO USE UNDER THE MEDICAID
PROGRAM.
(a) Coverage of Tobacco Cessation Counseling Services.--
(1) In general.--Section 1905(a) of the Social Security Act
(42 U.S.C. 1396d(a)) is amended--
(A) in paragraph (27), by striking ``and'' after the
semicolon at the end;
(B) in paragraph (28), by striking the comma at the end and
inserting ``; and''; and
(C) by inserting after paragraph (28) the following new
paragraph:
``(29) at the option of the State, counseling for cessation
of tobacco use (as defined in section 1861(ddd)),''.
(2) Conforming amendment.--Section 1902(a)(10)(C)(iv) of
the Social Security Act (42 U.S.C. 1396a(a)(10)(C)(iv)) is
amended by inserting ``or (29)'' after ``(24)''.
(b) Elimination of Optional Exclusion From Medicaid
Prescription Drug Coverage for Tobacco Cessation
Medications.--Section 1927(d)(2) of the Social Security Act
(42 U.S.C. 1396r-8(d)(2)) is amended--
(1) by striking subparagraph (E);
(2) by redesignating subparagraphs (F) through (J) as
subparagraphs (E) through (I), respectively; and
(3) in subparagraph (F) (as redesignated by paragraph (2)),
by inserting before the period at the end the following: ``,
other than agents approved by the Food and Drug
Administration for purposes of promoting, and when used to
promote, tobacco cessation''.
(c) Removal of Cost-Sharing for Tobacco Cessation
Counseling Services and Medications.--Subsections (a)(2) and
(b)(2) of section 1916 of the Social Security Act (42 U.S.C.
1396o) are each amended--
(1) in subparagraph (D), by striking ``or'' after the comma
at the end;
(2) in subparagraph (E), by striking ``; and'' and
inserting ``, or''; and
(3) by adding at the end the following new subparagraph:
``(F)(i) counseling for cessation of tobacco use described
in section 1905(a)(29); or
``(ii) covered outpatient drugs (as defined in paragraph
(2) of section 1927(k), and including nonprescription drugs
described in paragraph (4) of such section) that are
prescribed for purposes of promoting, and when used to
promote, tobacco cessation; and''.
(d) Increased FMAP for Tobacco Cessation Counseling
Services and Medications.--The first sentence of section
1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is
amended--
(1) by striking ``and'' before ``(4)''; and
(2) by inserting before the period the following: ``, and
(5) for purposes of this title, the Federal medical
assistance percentage shall be 80 percent with respect to
amounts expended as medical assistance for counseling for
cessation of tobacco use described in subsection (a)(29) and
for covered outpatient drugs (as defined in paragraph (2) of
section 1927(k), and including nonprescription drugs
described in paragraph (4) of such section) that are
prescribed for purposes of promoting, and when used to
promote, tobacco cessation''.
(e) Effective Date.--The amendments made by this section
shall apply to services furnished on or after the date that
is 1 year after the date of enactment of this Act.
SEC. 5. PROMOTING CESSATION OF TOBACCO USE UNDER THE MATERNAL
AND CHILD HEALTH SERVICES BLOCK GRANT PROGRAM.
(a) Quality Maternal and Child Health Services Includes
Tobacco Cessation Counseling and Medications.--Section 501 of
the Social Security Act (42 U.S.C. 701) is amended by adding
at the end the following new subsection:
[[Page S6292]]
``(d) For purposes of this title, quality maternal and
child health services include the following:
``(1) Counseling for cessation of tobacco use (as defined
in section 1861(ddd)).
``(2) The encouragement of the prescribing and use of
agents approved by the Food and Drug Administration for
purposes of tobacco cessation.
``(3) The inclusion of messages that discourage tobacco use
in health promotion counseling.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is 1 year after the date
of enactment of this Act.
______
By Mr. CONRAD (for himself and Mr. Hatch):
S. 3208. A bill to amend the Internal Revenue Code of 1986 to provide
tax incentives for clean coal technology, and for other purposes; to
the Committee on Finance.
Mr. CONRAD. Mr. President, I would like to discuss a bill that I am
introducing along with Senator Hatch today, the Carbon Reduction
Technology Bridge Act of 2008.
This bill is designed to develop the technologies that will enable us
to use coal in a manner that helps address the threat of climate
change.
Our country depends on coal to provide half of our electricity. In
North Dakota, coal accounts for over 90 percent of our power. This is
the power we need for lighting and heating our homes, powering our
businesses, and, in the future, charging our cars.
The U.S. has vast resources of coal, enough to last over 250 years.
We need to ensure that we can continue to enjoy the affordable
electricity provided by coal, while developing technologies that will
lower the greenhouse gas emissions that result from coal use.
We need to advance carbon capture and storage technologies to address
the reality of climate change. The scientific evidence is clear that
human activity is increasing the concentration of greenhouse gases in
the atmosphere, which contributes to warming temperatures. The
increased occurrence of severe weather and other effects that we have
seen to date are small in comparison to what scientists say are the
likely consequences of continued warming.
This bill will help jumpstart investment in technologies to capture
and store carbon. It provides tax credits to the first generation of
highly efficient advanced coal plants that capture carbon dioxide. It
helps companies make the first investments in carbon capture and
storage equipment on the first existing plants. It also provides
credits for each ton of carbon dioxide captured and stored underground.
It provides a number of other incentives to advance coal technology.
The science on climate change is clear, but what is not proven is the
technology that can provide the solution. This bill sets ambitious but
achievable goals for those companies willing to be the first to address
this challenge head-on and build and install these technologies. Under
this bill, a typical new coal plant would be required to capture 65
percent of its carbon dioxide emissions. After the first generation of
projects supported by this bill, we will have tested and refined the
technologies to enable an even higher rate of capture on future plants.
This bill will provide an important step toward affordable, low-
carbon power. I welcome comments from my colleagues on this proposal
and hope that they will join me in sponsoring this bill.
______
Mr. BINGAMAN:
S. 3213. A bill to designate certain land as components of the
National Wilderness Preservation System, to authorize certain programs
and activities in the Department of the Interior and the Department of
Agriculture, and for other purposes; read the first time.
Mr. BINGAMAN. Mr. President, today I am introducing the Omnibus
Public Land Management Act of 2008, a collection of over 90 individual
bills that have been reported by the Committee on Energy and Natural
Resources. This legislation follows enactment of the Consolidated
Natural Resources Act, Public Law 110-229, which was signed into law
last month. That act was successful in combining together several bills
which were not able to pass the Senate individually. It is my hope that
the Omnibus Public Land Management Act will similarly facilitate the
passage of the remaining bills which have been reported by the Energy
and Natural Resources Committee during this Congress.
For the information of the Senate and the public, I ask unanimous
consent that the table of contents listing the various measures
included in this bill be printed in the Record.
There bein no objection, the material as ordered to be placed in the
Record, as follows:
Sec. 1. Short title
Sec. 2. Table of Contents
TITLE I--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
Subtitle A Wild Monongahela Wilderness, West Virginia (H.R. 5151)
Subtitle B Virginia Ridge and Valley Wilderness (S. 570)
Subtitle C Mt. Hood Wilderness, Oregon (S. 647)
Subtitle D Copper Salmon Wilderness, Oregon (S. 2034)
Subtitle E Cascade--Siskiyou National Monument, Oregon (S. 2379)
Subtitle F Owyhee Public Lands Management, Idaho (S. 2833)
Subtitle G Frank Church River of No Return Wilderness
Adjustment (S. 1802)
Subtitle H Rocky Mountain National Park Wilderness,
Colorado (S. 1380)
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
Subtitle A National Landscape Conservation System (S. 1139)
Subtitle B Prehistoric Trackways National Monument (S. 275)
Subtitle C Fort Stanton--Snowy River Cave National
Conservation Area (S. 260)
Subtitle D Renaming of Snake River Birds of Prey National
Conservation Area (S. 262)
Subtitle E Rio Puerco Watershed Management Program (S.
1940)
Subtitle F Land Conveyances and Exchanges
Sec. 251 Pima County, Arizona Land Exchange (S. 1341)
Sec. 252 Southerm Nevada Limited Transition Area Conveyance
(S. 1377)
Sec. 253 Nevada Cancer Institute Land Conveyance (H.R.
1311)
Sec. 254 Turnabout Ranch Land Conveyance, Utah (S. 832)
Sec. 255 Boy Scouts Land Exchange, Utah (S. 900)
Sec. 256 Douglas County, Washington, Land Conveyance (H.R.
523)
TITLE III--FOREST SERVICE AUTHORIZATIONS
Subtitle A Watershed Restoration and Enhancement Agreements
(S. 232)
Subtitle B Wildland Firefighter Safety (S. 1152)
Subtitle C Wyoming Range Withdrawal
Subtitle D Land Conveyances and Exchanges
Sec. 331 Land Conveyance to City of Coffman Cove, Alaska
(S. 202)
Sec. 332 Beaverhead-Deerlodge N.F. Land Conveyance, Montana
(S. 2124)
Sec. 333 Santa Fe National Forest Pecos National Historical
Park Land Exchange, New Mexico (S. 216)
Sec. 334 Santa Fe National Forest Land Conveyance, New
Mexico (S. 1939)
Sec. 335 Kittitas County, Washington Land Conveyance (H.R.
1285)
Sec. 336 Mammoth Community Water District Use Restrictions
(H.R. 356)
TITLE IV--FOREST LANDSCAPE RESTORATION (S. 2593)
TITLE V--RIVERS AND TRAILS
Subtitle A Additions to the National Wild and Scenic Rivers
System
Sec. 501 Fossil Creek, Arizona (S. 86)
Sec. 502 Snake River Headwaters, Wyoming (S. 1281)
Sec. 503 Taunton River, Massachusetts (S. 868)
Subtitle B Additions to the National Trails System
Sec. 511 Arizona National Scenic Trail (S. 1304)
Sec. 512 New England National Scenic Trail (RR. 1528)
Sec. 513 Ice Age Floods National Geologic Trail (S. 268)
Sec. 514 Washington-Rochambeau Revolutionary Route National
Historic Trail (S. 686)
Subtitle C National Trail System Amendments
Sec. 521 National Trail System Willing Seller Authority (S. 168)
Sec. 522 National Historic Trails Feasibility Studies (S. 580)
TITLE VI--DEPARTMENT OF THE INTERIOR AUTHORIZATIONS
Subtitle A National Parks and Federal Recreational Lands Pass Discount
(S.617)
[[Page S6293]]
Subtitle B Competitive Status for Federal Employees in Alaska (S.
1433)
Subtitle C National Tropical Botanical Gardens (S. 2220)
Subtitle D Baca National Wildlife Refuge Amendments (S. 127)
Subtitle E Paleontological Resource Preservation (S. 320)
TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS
Subtitle A Additions to the National Park System
Sec. 701 Paterson National Historical Park, New Jersey (H.R. 189)
Sec. 702 Thomas Edison National Historical Park, New Jersey (H.R.
2627)
Subtitle B Amendments to Existing Units of the National Park System
Sec. 711 Keweenaw National Historical Park Funding (S. 189)
Sec. 712 Weir Farm National Historic Site Visitor Center (S. 1247)
Sec. 713 Little River Canyon National Preserve Addition (S. 1961)
Sec. 714 Hopewell Culture National Historical Park Addition (H.R.
2197)
Sec. 715 Jean Lafitte National Historical Park Addition (S. 783)
Sec. 716 Minute Man National Historical Park (S. 2513)
Sec. 716 Everglades National Park Addition (S. 2804)
Sec. 718 Kalaupapa National Historical Park Memorial (H.R. 3332)
Sec. 719 Boston Harbor Islands National Recreation Area (S. 1365)
Subtitle C Special Resource Studies
Sec. 721 William Jefferson Clinton Birthplace Home, Arkansas (S. 245)
Sec. 722 Walnut Canyon National Monument, Arizona (S. 722)
Sec. 723 Tule Lake Segregation Center, California (S. 1476)
Sec. 724 Estate Grange, St. Croix (S. 1969)
Sec. 725 Harriett Beecher Stowe House, Maine (S. 662)
Sec. 726 Battle of Shepherdstown, West Virginia (S. 1633)
Sec. 727 Green McAdoo School, Tennessee (S. 2207)
Sec. 728 Harry S Truman Birthplace, Missouri (H.R. 3998)
Sec. 729 Battle of Matewan, West Virginia (H.R. 3998)
Sec. 730 Butterfield Overland Trail (H.R. 3998)
Subtitle D Program Authorizations
Sec. 741 American Battlefield Protection Program (S. 1921)
Sec. 742 Preserve America Program (S. 2262)
Sec. 743 Save America's Treasures Program (S. 2262)
Subtitle E Advisory Commissions
Sec. 744 Na Hoa Pili O Kaloko-Honokohau Advisory Commission (S. 1728)
TITLE VIII--NATIONAL HERITAGE AREAS
Subtitle A S. 278 National Heritage Area Program
Subtitle B Designation of National Heritage Areas
Sec. 821 Sangre de Cristo National Heritage Area, Colorado (S. 443)
Sec. 822 Cache La Poudre River National Heritage Area, Colorado (S.
128)
Sec. 823 South Park National Heritage Area, Colorado (S. 444)
Sec. 824 Northern Plains National Heritage Area, North Dakota (S.
2098)
Sec. 825 Baltimore National Heritage Area, Maryland (S. 2604)
Sec. 826 Freedom's Way National Heritage Area, Massachusetts and N.H.
(S. 827)
Sec. 827 Mississippi Hills National Heritage Area (S. 2254)
Sec. 828 Mississippi Delta National Heritage Area (S. 2512)
Sec. 829 Muscle Shoals National Heritage Area, Alabama (H.R. 1483)
Sec. 830 Santa Cruz Valley National Heritage Area, Arizona (H.R. 1483)
Subtitle C Studies
Sec. 841 Chatahoochee Trace, Alabama and Georgia (S. 637)
Sec. 842 Northern Neck, Virginia (H.R. 1483)
Subtitle D Amendments Relating to National Heritage Corridors
Sec. 851 Quinebaug and Shetucket Rivers Valley National Heritage
Corridor (S. 1182)
Sec. 852 Delaware and Lehigh National Heritage Corridor (S. 817)
Sec. 853 Erie Canalway National Heritage Corridor (H.R. 1483)
Sec. 854 John H. Chafee Blackstone River Valley National Heritage
Corridor (H.R. 1483)
TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS
Subtitle A Feasibility Studies
Sec. 901 Snake, Boise, and Payette River Systems, Idaho (S. 542)
Sec. 902 Sierra Vista Subwatershed, Arizona (S. 1929)
Subtitle B Project Authorizations
Sec. 911 Tumalo Irrigation District Water Conservation Project, Oregon
(S. 1037)
Sec. 912 Madera Water Supply Enhancement Project, California (H.R.
1855)
Sec. 913 Eastern New Mexico Rural Water System, New Mexico (S. 2814)
Sec. 914 Rancho California Water District, California (H.R. 1725)
Subtitle C Title Transfers and Clarifications
Sec. 921 Transfer of McGee Creek pipeline and facilities (H.R. 2085)
Sec. 922 Albuquerque Biological Park, New Mexico, title clarification
(S. 2370)
Subtitle D San Gabriel Basin Restoration Fund (H.R. 123)
Subtitle E Lower Colorado River Multi-Species Conservation Fund (H.R.
2515)
TITLE X--WATER SETTLEMENTS
Subtitle A San Joaquin River Restoration Settlement (S. 27)
Subtitle B Northwestern New Mexico Rural Water Projects (S. 1171)
TITLE XI--UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS
Sec. 1101 Reauthorization of National Geologic Mapping Act of 1992 (S.
240)
Sec. 1102 New Mexico Water Resources Study (S. 324)
TITLE XII--MISCELLANEOUS
Sec. 1201 Management of Public Land Trust Funds in the State of North
Dakota (S. 1740)
Sec. 1202 Amendments to the Fisheries Restoration and Irrigation
Mitigation Act of 2000 (S. 1522)
Sec. 1203 Amendments to the Alaska Natural Gas Pipeline Act (S. 1809)
Sec. 1204 Additional Assistant Secretary for Department of Energy (S.
1203)
______
By Mr. DOMENICI (for himself, Mr. Sessions, Ms. Landrieu, and Ms.
Murkowski):
S. 3215. A bill to require the Secretary of Energy to enter into
cooperative agreements with private entities to share the cost of
obtaining construction and operating licenses for certain types of
recycling facilities, and for other purposes; to the Committee on
Energy and Natural Resources.
Mr. DOMENICI. Mr. President, I rise today to introduce, on behalf of
myself and Senators Sessions, Murkowski, and Landrieu, a bill that
establishes the foundation for a sustainable nuclear fuel cycle for the
U.S. A sustainable nuclear fuel cycle is the key to nuclear energy
reaching its full potential to provide the large scale base load
electrical generating capacity our country needs, while reducing
greenhouse gas emissions. Today, nuclear energy provides nearly 20
percent of our electricity generation capacity and does so more
reliably, and with a lower cost per kilowatt hour than coal, with
essentially no greenhouse gas emissions. In the decades to come, we
will need nuclear energy to play an even greater role, not only in
electrical generation, but also in the transportation and industrial
sectors, if we are to achieve the reductions in greenhouse gas
emissions needed to address the challenge of global climate change. The
Strengthening Management of Advanced Recycling Technologies Act, or
SMART Act, represents the first important step in building the bridge
to that future.
The SMART Act promotes the establishment of privately owned and
operated used nuclear fuel storage and recycling facilities. These
facilities will help resolve the current deadlock in spent nuclear fuel
management while providing a means to extract additional energy from
used nuclear fuel. I believe that a commercially viable used fuel
recycling strategy, combined with a responsible waste disposition
strategy, will enable the expansion of nuclear energy necessary to meet
all our goals for the future of nuclear energy. The SMART Act advances
this vision through incentives--rather than mandates--for both industry
and local communities.
The SMART Act establishes a competitive 50-50 cost share program
between the Department of Energy and private industry to finance
engineering and design work and the development of license applications
for up to 2 spent fuel recycling facilities. The SMART Act restricts
facility designs to commercial scale facilities that do not separate
pure plutonium. The recycling technology must also reduce the burden on
geologic repositories used for ultimate disposal of waste and promote
extraction of additional energy from used fuel stocks. Beyond these
restrictions, the choice of recycling technology is left up to
industry.
The resulting reference licenses for recycling facilities may then be
used by industry to construct domestic used nuclear fuel recycling
capacity. To assist industry in securing the necessary financing for
these facilities, the SMART Act authorizes DOE to offer long term
contracts for spent fuel recycling services. All construction and
financing costs, however, would be born by industry.
Although ultimate geologic disposition of waste will always be
needed, interim storage of used nuclear fuel is a
[[Page S6294]]
necessary component of the nuclear fuel cycle infrastructure. To
encourage development of interim storage facilities the SMART Act
establishes an economic incentive program for communities and states
that wish to host a facility within their jurisdiction. All interim
storage facilities would be privately owned and operated and licensed
by the Nuclear Regulatory Commission. The SMART Act incentives are
designed to encourage the development of two large scale facilities
with enough capacity to accommodate our annual domestic used nuclear
fuel generation.
As with the used fuel recycling facilities, the SMART act authorizes
the Department of Energy to enter into long term contracts with storage
facility operators. In addition, the SMART Act allows the Department of
Energy to enter into agreements with utilities for the settlement of
all future claims against the department for failure to take title to
spent nuclear fuel by 1998.
Currently, the Nuclear Waste Fund established by the Nuclear Waste
Policy Act of 1982 has a balance of approximately $20 billion and is
growing by nearly $1.8 billion annually from fees paid by the utilities
and interest on the fund. Unfortunately, this fund is currently ``on
budget'' and amounts to little more than an IOU to the U.S. ratepayers.
The SMART Act will allow access to a small portion of this fund so that
it can begin working to resolve the nuclear waste issue as it was
intended.
The SMART Act establishes a revolving fund from $1 billion of the
current waste fund as well as the annual interest on the fund. The
remaining 95 percent of the current waste fund, as well as all future
fees, would be placed in a legacy fund for the purposes of constructing
a geologic repository. Expenditures from the revolving fund for the
provisions of the act could be made without further appropriations but
would be subject to limitations in appropriations acts. In this way the
revolving fund could be put to use without being subject to the
uncertainty of the annual appropriations process while still retaining
the authority of Congress to oversee the fund.
The resolution of the used nuclear fuel issue has been deadlocked for
decades. Fortunately time has been on our side since nuclear energy
produces so little waste. For example the nuclear waste generated by a
family of four during their entire lives is only a couple of pounds.
Some have even said that we do not need to begin recycling used nuclear
fuel for 30 or 40 years. I do not believe we can wait that long before
we resolve the used nuclear fuel issue, however. We must begin taking
steps today that will place us on the path to a secure and sustainable
nuclear energy industry in the future. We must demonstrate to industry
and financial institutions the Government's commitment to resolving the
used nuclear fuel issue. The SMART bill will place us on that path to
the future.
______
By Mr. McCONNELL:
S. 3216. A bill to provide for the introduction of pay-for-
performance compensation mechanisms into contracts of the Department of
Veterans Affairs with community-based outpatient clinics for the
provision of health care services, and for other purposes; to the
Committee on Veterans' Affairs.
Mr. McCONNELL. 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
placed in the Record, as follows:
S. 3216
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 ``Veterans Health Care
Improvement Act of 2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Veterans of the Armed Forces have made tremendous
sacrifices in the defense of freedom and liberty.
(2) Congress recognizes these great sacrifices and
reaffirms America's strong commitment to its veterans.
(3) As part of the on-going congressional effort to
recognize the sacrifices made by America's veterans, Congress
has dramatically increased funding for the Department of
Veterans Affairs for veterans health care in the years since
September 11, 2001.
(4) Part of the funding for the Department of Veterans
Affairs for veterans health care is allocated toward
community-based outpatient clinics (CBOCs).
(5) Many CBOCs are administered by private contractors.
(6) CBOCs administered by private contractors operate on a
capitated basis.
(7) Some current contracts for CBOCs may create an
incentive for contractors to sign up as many veterans as
possible, without ensuring timely access to high quality
health care for such veterans.
(8) The top priorities for CBOCs should be to provide
quality health care and patient satisfaction for America's
veterans.
(9) The Department of Veterans Affairs currently tracks the
quality of patient care through its Computerized Patient
Record System. However, fees paid to contractors are not
currently adjusted automatically to reflect the quality of
care provided to patients.
(10) A pay-for-performance payment model offers a promising
approach to health care delivery by aligning the payment of
fees to contractors with the achievement of better health
outcomes for patients.
(11) The Department of Veterans Affairs should begin to
emphasize pay-for-performance in its contracts with CBOCs.
SEC. 3. PAY-FOR-PERFORMANCE UNDER DEPARTMENT OF VETERANS
AFFAIRS CONTRACTS WITH COMMUNITY-BASED
OUTPATIENT HEALTH CARE CLINICS.
(a) Plan Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to Congress a plan to introduce pay-for-
performance measures into contracts which compensate
contractors of the Department of Veterans Affairs for the
provision of health care services through community-based
outpatient clinics (CBOCs).
(b) Elements.--The plan required by subsection (a) shall
include the following:
(1) Measures to ensure that contracts of the Department for
the provision of health care services through CBOCs begin to
utilize pay-for-performance compensation mechanisms for
compensating contractors for the provision of such services
through such clinics, including mechanisms as follows:
(A) To provide incentives for clinics that provide high-
quality health care.
(B) To provide incentives to better assure patient
satisfaction.
(C) To impose penalties (including termination of contract)
for clinics that provide substandard care.
(2) Mechanisms to collect and evaluate data on the outcomes
of the services generally provided by CBOCs in order to
provide for an assessment of the quality of health care
provided by such clinics.
(3) Mechanisms to eliminate abuses in the provision of
health care services by CBOCs under contracts that continue
to utilize capitated-basis compensation mechanisms for
compensating contractors.
(c) Implementation.--The Secretary shall commence the
implementation of the plan required by subsection (a) unless
Congress enacts an Act, not later than 60 days after the date
of the submittal of the plan, prohibiting or modifying
implementation of the plan. In implementing the plan, the
Secretary may initially carry out one or more pilot programs
to assess the feasability and advisability of mechanisms
under the plan.
(d) Reports.--Not later than 180 days after the date of the
enactment of this Act and every 180 days thereafter, the
Secretary shall submit to Congress a report setting forth the
recommendations of the Secretary as to the feasability and
advisability of utilizing pay-for-performance compensation
mechanisms in the provision of health care services by the
Department by means in addition to CBOCs.
______
By Mr. SPECTER (for himself, Mr. Biden, Mr. Graham, Mr. Kerry,
Mr. Cornyn, Mr. Pryor, Mrs. Dole, Ms. Landrieu, Mr. Cochran,
Mr. Carper, Mrs. McCaskill, and Mrs. Feinstein):
S. 3217. A bill to provide appropriate protection to attorney-client
privileged communications and attorney work product; to the Committee
on the Judiciary.
Mr. SPECTER. Mr. President, I seek recognition today to introduce the
Attorney-Client Privilege Protection Act of 2008, which is a modified
version of my earlier legislation by the same name. This legislation,
which adds original cosponsors, continues to address the Department of
Justice's corporate prosecution guidelines. Those guidelines, last
revised by former Deputy Attorney General Paul McNulty in December
2006, erode the attorney-client relationship by allowing prosecutors to
request privileged information backed by the hammer of prosecution if
the request is denied.
Like my previous bill, S. 186, this bill will protect the sanctity of
the attorney-client relationship by prohibiting federal prosecutors and
investigators from requesting waiver of attorney-client privilege and
attorney work product protections in corporate investigations. The bill
would similarly prohibit the government from conditioning charging
decisions or any adverse treatment on an organization's payment of
employee legal fees, invocation
[[Page S6295]]
of the attorney-client privilege, or agreement to a joint defense
agreement.
The new version of the bill makes many subtle improvements, including
defining ``organization'' to make clear that continuing criminal
enterprises and terrorist organizations will not benefit from the
bill's protections. The bill also clarifies language that the
Department of Justice had previously criticized as ambiguous. The bill
also makes clear in its findings that its prohibition on informal
privilege waiver demands is far from unprecedented. The bill states:
``Congress recognized that law enforcement can effectively investigate
without attorney-client privileged information when it banned Attorney
General demands for privileged materials in the Racketeer Influenced
and Corrupt Organizations Act. See 18 U.S.C. Sec. 1968(c)(2).''
There is no need to wait to see how the McNulty memorandum will
operate in practice. There is similarly no need to wait for another
internal Department of Justice reform that will likely fall short and
be the fifth policy in the last 10 years. Any such internal reform will
not address the privilege waiver policies of other government agencies
that refer matters to the Department of Justice and allow in through
the window what isn't allowed through the door.
As I said when I introduced S. 186, the right to counsel is too
important to be passed over for prosecutorial convenience. It has been
engrained in American jurisprudence since the 18th century when the
Bill of Rights was adopted. The 6th Amendment is a fundamental right
afforded to individuals charged with a crime and guarantees proper
representation by counsel throughout a prosecution. However, the right
to counsel is largely ineffective unless the confidential
communications made by a client to his or her lawyer are protected by
law. As the Supreme Court observed in Upjohn Co. v. United States,
``the attorney-client privilege is the oldest of the privileges for
confidential communications known to the common law.'' When the Upjohn
Court affirmed that attorney-client privilege protections apply to
corporate internal legal dialogue, the Court manifested in the law the
importance of the attorney-client privilege in encouraging full and
frank communication between attorneys and their clients, as well as the
broader public interests the privilege serves in fostering the
observance of law and the administration of justice. The Upjohn Court
also made clear that the value of legal advice and advocacy depends on
the lawyer having been fully informed by the client.
In addition to the importance of the right to counsel, it is also
fundamental that the Government has the burden of investigating and
proving its own case. Privilege waiver tends to transfer this burden to
the organization under investigation. As a former prosecutor, I am well
aware of the enormous power and tools a prosecutor has at his or her
disposal. The prosecutor has enough power without the coercive tools of
the privilege waiver, whether that waiver policy is embodied in the
Holder, Thompson, McCallum, McNulty--or a future Filip--memorandum.
As in S. 186, this bill amends title 18 of the United States Code by
adding a new section, Sec. 3014, that would prohibit any agent or
attorney of the U.S. Government in any criminal or civil case to demand
or request the disclosure of any communication protected by the
attorney-client privilege or attorney work product. The bill would also
prohibit government lawyers and agents from basing any charge or
adverse treatment on whether an organization pays attorneys' fees for
its employees or signs a joint defense agreement.
This legislation is needed to ensure that basic protections of the
attorney-client relationship are preserved in Federal prosecutions and
investigations.
____________________