[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.

                          ____________________