[Congressional Record Volume 154, Number 121 (Wednesday, July 23, 2008)]
[Senate]
[Pages S7150-S7177]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DURBIN:
  S. 3311. A bill to amend the Public Health Service Act to improve 
mental and behavioral health services on college campuses; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. DURBIN: Mr. President, this February, on Valentine's Day, a young

[[Page S7151]]

man walked into a lecture hall at Northern Illinois University and 
opened fire. Five students were killed and 17 were wounded before the 
shooter took his own life. Northern Illinois University was not the 
first college to experience this kind of tragedy. We all remember the 
horrific events at Virginia Tech only months earlier--where 32 lives 
were taken by a gunman. The magnitude of heartbreak for friends and 
families and communities of those killed is hard to imagine. So, too, 
is the continuing trauma experienced by those who survived. These 
tragedies opened our eyes to a reality that needs attention.
  Since February I have learned just how thin colleges and universities 
are stretched when it comes to providing counseling and other support 
services to students, and I think we need to help them. So today I am 
introducing the Mental Health on Campus Improvement Act, which would 
establish grant programs to help schools meet the rising need for 
mental health services on campus.
  The ratio of counselors to students on campus is widening. Currently 
there is only one counselor for every 2,000 students on our college 
campuses. At some colleges, the situation is even more dismal. Studies 
show that 10 percent of college students have contemplated suicide. Mr. 
President, 45 percent have felt so depressed that it was difficult to 
function. Colleges are also encountering students who 10 or 20 years 
ago would not have been able to attend school due to mental illness, 
but who can today because of advances in treatment of mental illness.
  Taking care of mental health needs on our college campuses is 
somewhat unique. Many mental illnesses start to manifest in this period 
when young people leave the security of home and regular medical care. 
The responsibility for the students' well-being often shifts from 
parents to students, who aren't always completely prepared. The 
colleges try to fill in the gaps, but with so few services and 
counselors, we are beginning to recognize how many needs are 
overlooked. This is a very real problem, even for schools that have 
made mental health services a dedicated priority.
  Take Southern Illinois University in Carbondale. SIUC has eight full-
time counselors for 21,000 students. That is one counselor for every 
2,500 students. And there is another problem. Like many rural 
communities, Carbondale only has one community mental health agency. 
That agency is overwhelmed by the mental health needs of the community 
and refuses to serve students from SIU. The campus counseling center is 
the only mental health option for students. The eight hard-working 
counselors at SIUC do their best under impossible conditions. They 
triage students who come in seeking help so that the ones who might be 
a threat to themselves or others are seen first. The waitlist of 
students seeking services has reached 45 students.
  With so many students looking for help and so few counselors to see 
them, the counseling center has to cut back on outreach. Without 
outreach, the chances diminish of finding students who need help but 
don't ask for it. This is a serious problem. We know that the shooter 
at Virginia Tech exhibited many warning signs of a tortured mental 
state. But faculty and students did not know how or where to express 
their concerns. Outreach efforts by campus counseling centers can help 
educate the community about warning signs to look for as well as how to 
intervene. Of the students who committed suicide across the country in 
2007, only 22 percent had received counseling on campus. That means 
that of the 1,000 college students who took their own lives, 800 may 
never have looked for help. How many of those young lives could have 
been saved if our college counseling centers had the resources they 
needed to identify those students and help them? Our students deserve 
better.
  The Mental Health on Campus Improvement Act would create a grant 
program to provide funding for colleges and universities to improve 
their mental health services. Colleges could use the funding to hire 
personnel, increase outreach, and educate the campus community about 
mental health. The bill also would direct the Department of Health and 
Human Services to develop a public, nation-wide campaign to education 
campus communities about mental health.
  Reflecting on the loss of his own son, the well known minister Rev. 
William Sloan Coffin once said, ``When parents die, they take with them 
a portion of the past. But when children die, they take away the future 
as well.'' I hope the bill I am introducing today will help prevent the 
unnecessary loss of more young lives and bright futures.
  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. 3311

       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 ``Mental Health on Campus 
     Improvement Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The 2007 National Survey of Counseling Center Directors 
     found that the average ratio of counselors to students on 
     campus is nearly 1 to 2,000 and is often far higher on large 
     campuses. The International Association of Counseling 
     Services accreditation standards recommend 1 counselor per 
     1,000 to 1,500 students.
       (2) College counselors report that 8.5 percent of enrolled 
     students sought counseling in the past year, totaling an 
     estimated 1,600,000 students.
       (3) Over 90 percent of counseling directors believe there 
     is an increase in the number of students coming to campus 
     with severe psychological problems. The majority of 
     counseling directors report concern that the demand for 
     services is growing without an increase in resources.
       (4) A 2006 American College Health Association survey 
     revealed that 44 percent of students at colleges and 
     universities report having felt so depressed it was difficult 
     to function, and one out of every 11 students seriously 
     considered suicide within the past year.
       (5) Research conducted from 1989 to 2002 found that 
     students seen for anxiety disorders doubled, for depression 
     tripled, and for serious suicidal intention tripled.
       (6) Many students who need help never receive it. 
     Counseling directors report that of the students who 
     committed suicide on their campuses, only 22 percent were 
     current or former counseling center clients. Directors did 
     not know the previous psychiatric history of 60 percent of 
     these students.
       (7) A survey conducted by the University of Idaho Student 
     Counseling Center (2000) found that 77 percent of students 
     who responded reported that they were more likely to stay in 
     school because of counseling and that their school 
     performance would have declined without counseling.
       (8) A 6-year longitudinal study of college students found 
     that personal and emotional adjustment was an important 
     factor in retention and predicted attrition as well as or 
     better than academic adjustment (Gerdes & Mallinckrodt, 
     1994).

     SEC. 3. IMPROVING MENTAL AND BEHAVIORAL HEALTH ON COLLEGE 
                   CAMPUSES.

       Title V of the Public Health Service Act is amended by 
     inserting after section 520E-2 (42 U.S.C. 290bb-36b) the 
     following:

     ``SEC. 520E-3. GRANTS TO IMPROVE MENTAL AND BEHAVIORAL HEALTH 
                   ON COLLEGE CAMPUSES.

       ``(a) Purpose.--It is the purpose of this section, with 
     respect to college and university settings, to--
       ``(1) increase access to mental and behavioral health 
     services;
       ``(2) foster and improve the prevention of mental and 
     behavioral health disorders, and the promotion of mental 
     health;
       ``(3) improve the identification and treatment for students 
     at risk;
       ``(4) improve collaboration and the development of 
     appropriate level of mental and behavioral health care; and
       ``(5) improve the efficacy of outreach efforts.
       ``(b) Grants.--The Secretary, acting through the 
     Administrator and in consultation with the Secretary of 
     Education, shall award competitive grants to eligible 
     entities to improve mental and behavioral health services and 
     outreach on college and university campuses.
       ``(c) Eligibility.--To be eligible to receive a grant under 
     subsection (b), an entity shall--
       ``(1) be an institution of higher education (as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001)); and
       ``(2) submit to the Secretary an application at such time, 
     in such manner, and containing such information as the 
     Secretary may require, including the information required 
     under subsection (d).
       ``(d) Application.--An application for a grant under this 
     section shall include--
       ``(1) a description of the population to be targeted by the 
     program carried out under the grant, the particular mental 
     and behavioral health needs of the students involved, and the 
     Federal, State, local, private, and institutional resources 
     available for meeting the needs of such students at the time 
     the application is submitted;
       ``(2) an outline of the objectives of the program carried 
     out under the grant;

[[Page S7152]]

       ``(3) a description of activities, services, and training 
     to be provided under the program, including planned outreach 
     strategies to reach students not currently seeking services;
       ``(4) a plan to seek input from community mental health 
     providers, when available, community groups, and other public 
     and private entities in carrying out the program;
       ``(5) a plan, when applicable, to meet the specific mental 
     and behavioral health needs of veterans attending 
     institutions of higher education;
       ``(6) a description of the methods to be used to evaluate 
     the outcomes and effectiveness of the program; and
       ``(7) an assurance that grant funds will be used to 
     supplement, and not supplant, any other Federal, State, or 
     local funds available to carry out activities of the type 
     carried out under the grant.
       ``(e) Special Considerations.--In awarding grants under 
     this section, the Secretary shall give special consideration 
     to applications that describe programs to be carried out 
     under the grant that--
       ``(1) demonstrate the greatest need for new or additional 
     mental and behavioral health services, in part by providing 
     information on current ratios of students to mental and 
     behavioral health professionals;
       ``(2) propose effective approaches for initiating or 
     expanding campus services and supports using evidence-based 
     practices;
       ``(3) target traditionally underserved populations and 
     populations most at risk;
       ``(4) where possible, demonstrate an awareness of and a 
     willingness to coordinate with a community mental health 
     center or other mental health resource in the community, to 
     support screening and referral of students requiring 
     intensive services;
       ``(5) identify how the college or university will address 
     psychiatric emergencies, including how information will be 
     communicated with families or other appropriate parties; and
       ``(6) demonstrate the greatest potential for replication 
     and dissemination.
       ``(f) Use of Funds.--Amounts received under a grant under 
     this section shall be used to--
       ``(1) provide mental and behavioral health services to 
     students, including prevention, promotion of mental health, 
     screening, early intervention, assessment, treatment, 
     management, and education services relating to the mental and 
     behavioral health of students;
       ``(2) provide outreach services to notify students about 
     the existence of mental and behavioral health services;
       ``(3) educate families, peers, faculty, staff, and 
     communities to increase awareness of mental health issues;
       ``(4) employ appropriately trained staff;
       ``(5) expand mental health training through internship, 
     post-doctorate, and residency programs;
       ``(6) develop and support evidence-based and emerging best 
     practices; and
       ``(7) evaluate and disseminate best practices to other 
     colleges and universities.
       ``(g) Duration of Grants.--A grant under this section shall 
     be awarded for a period of not to exceed 3 years.
       ``(h) Evaluation and Reporting.--
       ``(1) Evaluation.--Not later than 18 months after the date 
     on which a grant is received under this section, the eligible 
     entity involved shall submit to the Secretary the results of 
     an evaluation to be conducted by the entity concerning the 
     effectiveness of the activities carried out under the grant 
     and plans for the sustainability of such efforts.
       ``(2) Report.--Not later than 2 years after the date of 
     enactment of this section, the Secretary shall submit to the 
     appropriate committees of Congress a report concerning the 
     results of--
       ``(A) the evaluations conducted under paragraph (1); and
       ``(B) an evaluation conducted by the Secretary to analyze 
     the effectiveness and efficacy of the activities conducted 
     with grants under this section.
       ``(i) Technical Assistance.--The Secretary may provide 
     technical assistance to grantees in carrying out this 
     section.
       ``(j) Authorization of Appropriations.--There is authorized 
     to be appropriated, such sums as may be necessary to carry 
     out this section.

     ``SEC. 520E-4. MENTAL AND BEHAVIORAL HEALTH OUTREACH AND 
                   EDUCATION ON COLLEGE CAMPUSES.

       ``(a) Purpose.--It is the purpose of this section to 
     increase access to, and reduce the stigma associated with, 
     mental health services so as to ensure that college students 
     have the support necessary to successfully complete their 
     studies.
       ``(b) National Public Education Campaign.--The Secretary, 
     acting through the Administrator and in collaboration with 
     the Director of the Centers for Disease Control and 
     Prevention, shall convene an interagency, public-private 
     sector working group to plan, establish, and begin 
     coordinating and evaluating a targeted public education 
     campaign that is designed to focus on mental and behavioral 
     health on college campuses. Such campaign shall be designed 
     to--
       ``(1) improve the general understanding of mental health 
     and mental health disorders;
       ``(2) encourage help-seeking behaviors relating to the 
     promotion of mental health, prevention of mental health 
     disorders, and treatment of such disorders;
       ``(3) make the connection between mental and behavioral 
     health and academic success; and
       ``(4) assist the general public in identifying the early 
     warning signs and reducing the stigma of mental illness.
       ``(c) Composition.--The working group under subsection (b) 
     shall include--
       ``(1) mental health consumers and family members;
       ``(2) representatives of colleges and universities;
       ``(3) representatives of national mental and behavioral 
     health and college associations;
       ``(4) representatives of mental health providers, including 
     community mental health centers; and
       ``(5) representatives of private- and public-sector groups 
     with experience in the development of effective public health 
     education campaigns.
       ``(d) Plan.--The working group under subsection (b) shall 
     develop a plan that shall--
       ``(1) target promotional and educational efforts to the 
     college age population and individuals who are employed in 
     college and university settings, including the use of 
     roundtables;
       ``(2) develop and propose the implementation of research-
     based public health messages and activities;
       ``(3) provide support for local efforts to reduce stigma by 
     using the National Mental Health Information Center as a 
     primary point of contact for information, publications, and 
     service program referrals; and
       ``(4) develop and propose the implementation of a social 
     marketing campaign that is targeted at the college population 
     and individuals who are employed in college and university 
     settings.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated, such sums as may be necessary to carry 
     out this section.''.

     SEC. 4. INTERAGENCY WORKING GROUP ON COLLEGE MENTAL HEALTH.

       (a) Purpose.--It is the purpose of this section, pursuant 
     to Executive Order 13263 (and the recommendations issued 
     under section 6(b) of such Order), to provide for the 
     establishment of a College Campus Task Force under the 
     Federal Executive Steering Committee on Mental Health, to 
     discuss mental and behavioral health concerns on college and 
     university campuses.
       (b) Establishment.--The Secretary of Health and Human 
     Services (referred to in this section as the ``Secretary'') 
     shall establish a College Campus Task Force (referred to in 
     this section as the ``Task Force''), under the Federal 
     Executive Steering Committee on Mental Health, to discuss 
     mental and behavioral health concerns on college and 
     university campuses.
       (c) Membership.--The Task Force shall be composed of a 
     representative from each Federal agency (as appointed by the 
     head of the agency) that has jurisdiction over, or is 
     affected by, mental health and education policies and 
     projects, including--
       (1) the Department of Education;
       (2) the Department of Health and Human Services;
       (3) the Department of Veterans Affairs; and
       (4) such other Federal agencies as the Administrator of the 
     Substance Abuse and Mental Health Services Administration and 
     the Secretary jointly determine to be appropriate.
       (d) Duties.--The Task Force shall--
       (1) serve as a centralized mechanism to coordinate a 
     national effort--
       (A) to discuss and evaluate evidence and knowledge on 
     mental and behavioral heath services available to and the 
     prevalence of mental health illness among, the college age 
     population of the United States;
       (B) to determine the range of effective, feasible, and 
     comprehensive actions to improve mental and behavioral health 
     on college and university campuses;
       (C) to examine and better address the needs of the college 
     age population dealing with mental illness;
       (D) to survey Federal agencies to determine which policies 
     are effective in encouraging, and how best to facilitate 
     outreach without duplicating, efforts relating to mental and 
     behavioral health promotion;
       (E) to establish specific goals within and across Federal 
     agencies for mental health promotion, including 
     determinations of accountability for reaching those goals;
       (F) to develop a strategy for allocating responsibilities 
     and ensuring participation in mental and behavioral health 
     promotions, particularly in the case of competing agency 
     priorities;
       (G) to coordinate plans to communicate research results 
     relating to mental and behavioral health amongst the college 
     age population to enable reporting and outreach activities to 
     produce more useful and timely information;
       (H) to provide a description of evidence-based best 
     practices, model programs, effective guidelines, and other 
     strategies for promoting mental and behavioral health on 
     college and university campuses;
       (I) to make recommendations to improve Federal efforts 
     relating to mental and behavioral health promotion on college 
     campuses and to ensure Federal efforts are consistent with 
     available standards and evidence and other programs in 
     existence as of the date of enactment of this Act; and
       (J) to monitor Federal progress in meeting specific mental 
     and behavioral health promotion goals as they relate to 
     college and university settings;
       (2) consult with national organizations with expertise in 
     mental and behavioral

[[Page S7153]]

     health, especially those organizations working with the 
     college age population; and
       (3) consult with and seek input from mental heath 
     professionals working on college and university campuses as 
     appropriate.
       (e) Meetings.--
       (1) In general.--The Task Force shall meet at least 3 times 
     each year.
       (2) Annual conference.--The Secretary shall sponsor an 
     annual conference on mental and behavioral health in college 
     and university settings to enhance coordination, build 
     partnerships, and share best practices in mental and 
     behavioral health promotion, data collection, analysis, and 
     services.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated, such sums as may be necessary to carry 
     out this section.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Bingaman, and Mr. Feingold):
  S. 3312. A bill amend the Public Health Service Act to ensure that 
victims of public health emergencies have meaningful and immediate 
access to medically necessary health care services; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. DURBIN. Today I am introducing the Public Health Emergency 
Response Act. This bill authorizes a temporary health benefit during a 
public emergency for people in that area who don't have health 
insurance. The program makes it more likely that people who need 
healthcare services will get them and ensures that the doctors and 
nurses who treat them will be compensated.
  Since 2000, the Secretary of Health and Human Services has had the 
authority to declare public health emergencies so that government can 
provide resources quickly to communities in need. That authority has 
been exercised very rarely--for 9-11; Hurricanes Wilma, Katrina, and 
Rita; and the recent flooding in the Midwest. These public health 
emergencies--both man-made and natural disasters--ruined neighborhoods, 
divided families, and weakened many spirits. But for every tragic 
emergency witnessed, we saw acts of remarkable selflessness and 
kindness.
  One of the greatest examples of this generosity is in the efforts of 
local health care providers to meet the increased need for services. 
Whether it was the hurricanes that hit the Gulf Coast, the debris in 
downtown New York, or the waters in the Midwest, the need for medical 
services was immediate and in some cases dramatic. The demand for 
mental health services also rose in response to the psychological 
stress and trauma caused by the destruction of homes, the loss of jobs, 
the separation of families, and the death and devastation surrounding 
those in the areas hit by these tragic events.
  Despite the trauma of a disaster or the pain from an injury incurred 
during a disaster, people who don't seek care not only leave themselves 
vulnerable to worsening health conditions, but they exacerbate the 
situation on the ground. For those uninsured people who do access 
medical care, the providers--typically those in areas immediately 
surrounding the disaster area--are often left without any compensation.
  During Hurricane Katrina, the Harris County hospital district in 
Houston assumed responsibility for the health care of 23,000 evacuees 
living in the Reliant Astrodome. In Baton Rouge, hospitals struggled to 
meet the health care needs of a population that doubled in size after 
absorbing half a million evacuees. Health facilities and other public 
infrastructure were stretched beyond their capacity as they faced the 
multiple challenges of addressing the public health needs in the 
counties or parishes directly affected; delivering needed health care 
to the displaced; and ensuring the continued delivery of health care 
services to residents of the other areas.
  Victims of public health emergencies should know that the government 
will assist them in their time of need. This is why I am introducing 
the Public Health Emergency Response Act.
  The Public Health Emergency Response Act would make it easier for 
uninsured victims to seek treatment and would provide coverage to the 
health care professionals who are treating them. The bill would 
establish a temporary emergency health benefit for people who are 
uninsured. The benefit could be triggered only when the Secretary of 
Health and Human Services declared a public health emergency and chose 
to activate the benefit. The benefit would last for up to 90 days, and 
the Secretary could extend it once for another 90 days. Rather than put 
additional stress on our public health programs like Medicare, Medicaid 
or SCHIP, the funding mechanism for the benefit is the Public Health 
Emergency Fund, a no-year fund established in 1983. Funds for emergency 
victims' health coverage would be determined by Congressional 
appropriations. The bill will help save lives and ensure a functioning 
health care system for whatever lies ahead.
  Most recently, we saw the entire Midwest reeling from weeks of 
flooding and tornadoes--from Minnesota to Kansas and everywhere in 
between--Wisconsin, Iowa, Missouri, and, of course, Illinois. The 
damage has been heartbreaking. We know from the great flood that 
devastated the Midwest in 1993 and from Hurricanes Katrina and Rita 
that the losses from this chain of weather-related disasters will be 
more than our states and citizens alone can bare. We also know that, in 
times of crisis, Americans have always come together to help those in 
need.
  The Public Health Emergency Response Act carries on this tradition. 
The bill allows Federal government to prepare for the next emergency. 
We do not know what the next public health emergency will look like. It 
may be a bioterrorist attack, a hurricane, or pandemic flu. We should 
act now to create the framework for emergency health coverage and 
reimbursement.
  Mr. President, I ask unanimous consent that the text of the bill and 
a letter of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 3312

       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 ``Public Health Emergency 
     Response Act of 2008''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) Since 2000, the Secretary of Health and Human Services 
     has declared that a public health emergency existed 
     nationwide in response to the attacks of September 11th and 
     in response to Hurricanes Katrina and Rita.
       (2) In the event of a public health emergency, compliance 
     with recommendations to seek immediate care may be critical 
     to containing the spread of an infectious disease outbreak or 
     responding to a bioterror attack.
       (3) Nearly sixteen percent of Americans lack health 
     insurance coverage.
       (4) Fears of out-of-pocket expenses may cause individuals 
     to delay seeking medical attention during a public health 
     emergency.
       (5) A public health emergency may disrupt health care 
     assistance programs for individuals with chronic conditions, 
     exacerbating the costs and risks to their health.
       (6) The uninsured could place great financial strain on 
     healthcare providers during a public health emergency.
       (7) The Department of Health and Human Services Pandemic 
     Influenza Plan projects that a pandemic influenza outbreak 
     could result in 45 million additional outpatient visits, with 
     865,000 to 9,900,000 individuals requiring hospitalization, 
     depending upon the severity of the pandemic.
       (8) Hospitals in the United States could lose as much as 
     $3.9 billion in uncompensated care and cash flow losses in 
     the event of a severe pandemic.
       (9) Under current statute, no dedicated mechanism exists to 
     reimburse providers for uncompensated care during a public 
     health emergency.
       (b) Purposes.--The purposes of this Act are--
       (1) to provide temporary emergency healthcare coverage for 
     uninsured and certain otherwise qualified individuals in the 
     event of a public health emergency declared by the Secretary 
     of Health and Human Services;
       (2) to ensure that healthcare providers remain fiscally 
     solvent and are not overburdened by the cost of uncompensated 
     care during a public health emergency;
       (3) to eliminate a primary disincentive for uninsured and 
     certain otherwise qualified individuals to promptly seek 
     medical care during a public health emergency; and
       (4) to minimize delays in the provision of emergency 
     healthcare coverage by clarifying eligibility requirements 
     and the scope of such coverage and identifying the funding 
     mechanisms for emergency healthcare services.

     SEC. 3. EMERGENCY HEALTHCARE COVERAGE.

       (a) In General.--Title III of the Public Health Service Act 
     is amended by inserting after section 319K the following new 
     section:

     ``SEC. 319K-1. EMERGENCY HEALTHCARE COVERAGE.

       ``(a) Activation and Termination of Emergency Healthcare 
     Coverage.--

[[Page S7154]]

       ``(1) Based on public health emergency.--
       ``(A) In general.--The Secretary may activate the coverage 
     of emergency healthcare services under this section only if 
     the Secretary determines that there is a public health 
     emergency.
       ``(B) Determination of public health emergency.--For 
     purposes of this section, there is a `public health 
     emergency' only if a public health emergency exists under 
     section 319.
       ``(2) Considerations.--In making a determination under 
     paragraph (1), the Secretary shall consider a range of 
     factors including the following:
       ``(A) The degree to which the emergency is likely to 
     overwhelm healthcare providers in the region.
       ``(B) The opportunity to minimize morbidity and mortality 
     through intervention under this section.
       ``(C) The estimated number of direct casualties of the 
     emergency.
       ``(D) The potential number of casualties in the absence of 
     intervention under this section (such as in the case of 
     infectious disease).
       ``(E) The potential adverse financial impacts on local 
     healthcare providers in the absence of activation of this 
     section.
       ``(F) The need for healthcare services is of sufficient 
     severity and magnitude to warrant major assistance under this 
     section above and beyond the emergency services otherwise 
     available from the Federal Government.
       ``(G) Such other factors as the Secretary may deem 
     appropriate.
       ``(3) Termination and extension.--
       ``(A) In general.--Coverage of emergency healthcare 
     services under this section shall terminate, subject to 
     subsection (c)(2), upon the earlier of the following:
       ``(i) The Secretary's determination that a public health 
     emergency no longer exists.
       ``(ii) Subject to subparagraph (B), 90 days after the 
     initiation of coverage of emergency healthcare services.
       ``(B) Extension authority.--The Secretary may extend a 
     public health emergency for a second 90-day period, but only 
     if a report to Congress is made under paragraph (4) in 
     conjunction with making such extension.
       ``(4) Report.--
       ``(A) In general.--Prior to making an extension under 
     paragraph (3)(B), the Secretary shall transmit a report to 
     Congress that includes information on the nature of the 
     public health emergency and the expected duration of the 
     emergency. The Secretary shall include in such report 
     recommendations, if deemed appropriate, regarding requesting 
     Congress to provide a further extension of the public health 
     emergency period beyond the second 90-day period.
       ``(B) Report contents.--A report under subparagraph (A) 
     shall include a discussion of the healthcare needs of 
     emergency victims and affected individuals including the 
     likely need for follow-up care over a two-year period.
       ``(5) Coordination.--The Secretary shall ensure that the 
     activation, implementation, and termination of emergency 
     healthcare services under this section in response to a 
     public health emergency is coordinated with all functions, 
     personnel, and assets of the Federal, State, local, and 
     tribal responses to the emergency.
       ``(6) Medical monitoring program.--The Secretary shall 
     establish a medical monitoring program for monitoring and 
     reporting on healthcare needs of the affected population over 
     time. At least annually during the 5-year period following 
     the date of a public health emergency, the Secretary shall 
     report to Congress on any continuing healthcare needs of the 
     affected population related to the public health emergency. 
     Such reports shall include recommendations on how to ensure 
     that emergency victims and affected individuals have access 
     to needed healthcare services.
       ``(b) Eligibility for Coverage of Emergency Healthcare 
     Services.--
       ``(1) Limited eligibility.--
       ``(A) In general.--Eligibility for coverage of emergency 
     healthcare services under this section for a public health 
     emergency is limited to individuals who--
       ``(i) are emergency victims who are uninsured or otherwise 
     qualified; or
       ``(ii) are affected individuals who are uninsured.
       ``(B) Definitions.--For purposes of this section with 
     respect to a public health emergency:
       ``(i) Insured.--An individual is `insured' if the 
     individual has group or individual health insurance coverage 
     or publicly financed health insurance (as defined by the 
     Secretary).
       ``(ii) Otherwise qualified.--An individual is ``otherwise 
     qualified'' if the individual is insured but the Secretary 
     determines that the individual's healthcare insurance 
     coverage is not at least actuarially-equivalent to benchmark 
     coverage. In establishing such benchmark coverage, the 
     Secretary shall consider the standard Blue Cross/Blue Shield 
     preferred provider option service benefit plan described in 
     and offered under section 8903(1) of title 5, United States 
     Code.
       ``(iii) Uninsured.--An individual is `uninsured' if the 
     individual is not insured.
       ``(iv) Emergency victim.--An individual is an `emergency 
     victim' with respect to a public health emergency if the 
     individual needs healthcare services due to injuries or 
     disease resulting from the public health emergency.
       ``(v) Affected individual.--An individual is an `affected 
     individual' with respect to a public health emergency if--

       ``(I) the individual resides in an assistance area 
     designated for the emergency (or whose residence was 
     displaced by the emergency) or, in the case of such an 
     emergency constituting a pandemic flu or other infectious 
     disease outbreak, who resides in the area affected by the 
     outbreak (or whose residence was displaced by the emergency); 
     and
       ``(II) the individual's ability to access care or medicine 
     is disrupted as a result of the emergency.

       ``(2) Process.--The Secretary shall establish a streamlined 
     process for determining eligibility for emergency healthcare 
     services under this section. In establishing such process--
       ``(A) the Secretary shall recognize that in the context of 
     a public health emergency, individuals may be unable to 
     provide identification cards, healthcare insurance 
     information, or other documentation; and
       ``(B) the primary method for determining eligibility for 
     such services shall be an attestation provided to the 
     healthcare provider by the recipient of the services that the 
     recipient meets the eligibility criteria established under 
     paragraph (1)(A), with a standard alternative for unattended 
     minors and adults without the capacity to sign such an 
     attestation form.
       ``(3) Service delivery.--Providers may commence provision 
     of emergency healthcare services for an individual in the 
     absence of any centralized enrollment process, if the 
     provider has collected basic information, specified by the 
     Secretary, including the individual's name, address, social 
     security number, and existing health insurance coverage (if 
     any), that establishes a prima facie basis for eligibility, 
     except that such information shall not be required in cases 
     where the individual is unable to provide the information due 
     to disability or incapacitation.
       ``(c) Emergency Healthcare Services.--
       ``(1) In general.--For purposes of this section, the term 
     `emergency healthcare services'--
       ``(A) means items and services for which payment may be 
     made under parts A and B of the Medicare program;
       ``(B) includes prescription drugs (not covered under such 
     part B) specified by the Secretary under subsection (g), 
     based on the formularies of the two or more prescription drug 
     plans under part D of the Medicare program with the largest 
     enrollment;
       ``(C) may include drugs, devices, biologics, and other 
     healthcare products, if such products are authorized for use 
     by the Food and Drug Administration pursuant to an alternate 
     authority, including the emergency use authority under 
     section 564 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 360bbb-3); and
       ``(D) for an affected individual, is limited to those items 
     and services described under subparagraphs (A), (B) or (C) 
     that a third-party payor, such as a government program or 
     charitable organization, reimbursed or otherwise provided to 
     an affected individual during the three months prior to the 
     declaration of the public health emergency.
       ``(2) Not medicare, medicaid, or schip benefits.--The 
     emergency healthcare services provided under this section are 
     not benefits under Medicare, Medicaid or SCHIP. Nothing in 
     this section shall be interpreted as altering or otherwise 
     conflicting with titles XVIII, XIX, or XXI of the Social 
     Security Act.
       ``(3) Completion of treatment for emergency victims.--
     Notwithstanding termination of the coverage of emergency 
     healthcare services pursuant to subsection (a)(4), the 
     Secretary may identify a subgroup of emergency victims on a 
     case-by-case basis or otherwise to continue receiving 
     coverage of emergency healthcare services for up to an 
     additional 60 days. Such emergency healthcare services 
     provided after the termination date shall be limited to 
     services and items that are medically necessary to treat an 
     injury or disease resulting directly from the public health 
     emergency involved.
       ``(d) Covered Providers.--
       ``(1) In general.--Subject to paragraph (2), healthcare 
     services are not covered under this section unless they are 
     furnished by a healthcare provider that--
       ``(A) has a valid provider number under the Medicare 
     program, the Medicaid program, or SCHIP;
       ``(B) is in good standing with such program; and
       ``(C) is not excluded from participation in a Federal 
     health care program (as defined in section 1128B(f) of the 
     Social Security Act, 42 U.S.C. 1320a-7b(f)).
       ``(2) Waiver authority.--
       ``(A) In general.--The Secretary may by regulation waive 
     certain requirements for provider enrollment that otherwise 
     apply under the Medicare or Medicaid program or under SCHIP 
     to ensure an adequate supply of healthcare providers (such as 
     nurses and other health care providers who do not typically 
     participate in the Medicare or Medicaid program or SCHIP) and 
     services in the case of a public health emergency. Such 
     requirements may include the requirement that a licensed 
     physician or other health care professional holds a license 
     in the State in which the professional provides services or 
     is otherwise authorized under State law to provide the 
     services involved.
       ``(B) Report on emergency system for advance registration 
     of volunteer health professionals (esar-vhp).--Not later than 
     180 days after the date of the enactment of

[[Page S7155]]

     this section, the Secretary shall submit to Congress a report 
     on the number of volunteers, by profession and credential 
     level, enrolled in the Emergency System for Advance 
     Registration of Volunteer Health Professionals (ESAR-VHP) 
     that will be available to each State in the event of a public 
     health emergency. The Secretary shall determine if the number 
     of such volunteers is adequate for interstate deployment in 
     response to regional requests for volunteers and, if not, 
     shall include in the report recommendations for actions to 
     ensure an adequate surge capacity for public health 
     emergencies in defined geographic areas.
       ``(3) Medicare and medicaid programs and schip defined.--
     For purposes of this section:
       ``(A) The term `Medicare program' means the program under 
     parts A, B, and D of title XVIII of the Social Security.
       ``(B) The term `Medicaid program' means the program of 
     medical assistance under title XIX of such Act.
       ``(C) The term `SCHIP' means the State children's health 
     insurance program under title XXI of such Act.
       ``(e) Payments and Claims Administration.--
       ``(1) Payment amount.--The amount of payment under this 
     section to a provider for emergency healthcare services shall 
     be equal to 100 percent of the payment rate for the 
     corresponding service under part A or B of the Medicare 
     program, or, in the case of prescription drugs and other 
     items and services not covered under either such part, such 
     amount as the Secretary may specify by rule. Such a provider 
     shall not be permitted to impose any cost-sharing or to 
     balance bill for services furnished under this section.
       ``(2) Use of medicare contractors.--The Secretary shall 
     enter into arrangements with Medicare administrative 
     contractors under which they process claims for emergency 
     healthcare services under this section using the claim forms, 
     codes, and nomenclature in effect under the Medicare program.
       ``(3) Application of secondary payer rules.--In the case of 
     payment under this section for emergency healthcare services 
     for otherwise qualified individuals who have some health 
     insurance coverage with respect to such services, the 
     administrative contractors under paragraph (2) shall submit a 
     claim to the entity offering such coverage to recoup all or 
     some of such payment, reflecting whatever amount the entity 
     would normally reimburse for each covered service. The 
     provisions of section 1862(b) of the Social Security Act (42 
     U.S.C. 1395y(b)) shall apply to benefits provided under this 
     section in the same manner as they apply to benefits provided 
     under the Medicare program.
       ``(4) Payments for emergency healthcare services and 
     related costs.--Payments to provide, and costs to administer, 
     emergency healthcare services under this section shall be 
     made from the Public Health Emergency Fund, as provided under 
     subsection (f)(1).
       ``(5) Attestation requirement.--No payment shall be made 
     under this section to a provider for emergency healthcare 
     services unless the provider has executed an attestation 
     that--
       ``(A) the provider has notified the administrative 
     contractor of any third-party payment received or claims 
     pending for such services;
       ``(B) the recipient of the services has executed an 
     attestation or otherwise satisfies the eligibility criteria 
     established under subsection (b); and
       ``(C) the services were medically necessary.
       ``(f) Public Health Emergency Fund; Fraud and Abuse 
     Provisions.--
       ``(1) The public health emergency fund.--There is 
     authorized to be appropriated to the Public Health Emergency 
     Fund (established under section 319(b)) such sums as may be 
     necessary under this section for payments to provide 
     emergency healthcare services and costs to administer the 
     services during a public health emergency.
       ``(2) No use of medicare funds.--No funds under the 
     Medicare program shall be available or used to make payments 
     under this section.
       ``(3) Fraud and abuse provisions.--Providers and recipients 
     of emergency healthcare services under this section shall be 
     subject to the federal fraud and abuse protections that apply 
     to Federal health care programs as defined in section 
     1128B(f) of the Social Security Act.
       ``(g) Rulemaking.--The Secretary may issue regulations to 
     carry out this section and shall use a negotiated rulemaking 
     process to advise the Secretary on key issues regarding the 
     implementation of this section.
       ``(h) Public Health Emergency Planning and the Education of 
     Healthcare Providers and the General Population.--
       ``(1) Planning for coverage of emergency healthcare 
     services in public health emergencies.--The Secretary shall, 
     within 90 days after the date of the enactment of this 
     section, initiate planning to carry out this section, 
     including planning relating to implementation of the 
     subsection (e) in the event of activation of emergency 
     healthcare coverage.
       ``(2) Outreach and public education campaign.--The 
     Secretary shall conduct an outreach and public education 
     campaign to inform healthcare providers and the general 
     public about the availability of emergency healthcare 
     coverage under this section during the period of the 
     emergency. Such campaign shall include--
       ``(A) an explanation of the emergency healthcare coverage 
     program under this section;
       ``(B) claim forms and instructions for healthcare providers 
     to use when providing covered services during the emergency 
     period; and
       ``(C) special outreach initiatives to vulnerable and hard-
     to-reach populations.
       ``(3) Authorization of appropriations.--There is authorized 
     to be appropriated for each fiscal year (beginning with 
     fiscal year 2009) $7,000,000 to carry out paragraphs (1) and 
     (2) during the fiscal year.
       ``(i) Application of Policies Under Other Federal Health 
     Care Programs.--As specified in subsections (c) through (e), 
     the Secretary may adopt in whole or in part the coverage, 
     reimbursement, provider enrollment, and other policies used 
     under the Medicare program and other Federal health care 
     programs in administering emergency healthcare services under 
     this section to the extent consistent with this section.''.
       (b) Application of Public Health Emergency Fund.--Section 
     319(b)(1) of such Act (42 U.S.C. 247d(b)(1)) is amended--
       (1) by inserting ``and section 319K-1'' after ``subsection 
     (a)''; and
       (2) by striking ``such subsection'' and inserting 
     ``subsection (a)''.
                                  ____



                                               Washington, DC,

                                                    July 22, 2008.
     Hon. Richard Durbin,
     U.S. Senate,
     Washington, DC.
     Hon. Lois Capps,
     House of Representatives,
     Washington, DC.
       Dear Senator Durbin and Representative Capps: The 
     undersigned organizations join in supporting your 
     introduction of the Public Health Emergency Response Act 
     (PHERA), legislation that would put a turn-key process into 
     place which would ensure that victims of a public health 
     emergency have immediate access to medically necessary 
     healthcare services and help ensure that we have a 
     functioning health care system.
       A public health emergency, such as a natural disaster, 
     biologic attack or infectious disease outbreak, could strike 
     at any time. The September 11th attacks and Hurricanes 
     Katrina and Rita have underscored the need for rapid access 
     to healthcare services during and immediately following a 
     public health emergency. Following Hurricane Katrina, 
     Congress ultimately approved $2.1 billion for grants to 
     certain states to cover the Medicaid and SCHIP matching 
     requirements for individuals enrolled in these programs, and 
     the cost of uncompensated care for the uninsured. However, it 
     took six months for Congress to pass the Deficit Reduction 
     Act, which provided for these funds. This unnecessary delay 
     could have been prevented. PHERA would put into place ahead 
     of time a framework for providing reimbursement for 
     uncompensated care in the event of a major public health 
     emergency.
       The temporary benefit established through this bill would 
     help remove a disincentive for uninsured individuals to 
     promptly seek medical care. Any delay in seeking care could 
     result in lives lost, particularly during an infectious 
     disease outbreak when immediate identification and isolation 
     are very important, and delay in seeking care could render 
     treatment ineffective. At a time when our health care system 
     could be overwhelmed with patients, it is vital that 
     reimbursement issues not dissuade providers from offering 
     care. A study by the Center for Biosecurity estimated that 
     U.S. hospitals could lose as much as $3.9 billion in 
     uncompensated care and cash flow losses in the event of a 
     severe pandemic. By helping to reduce the burden of 
     uncompensated care, PHERA would help ensure the solvency and 
     continuity and our health care system during a catastrophic 
     emergency.
       Specifically, PHERA would provide a temporary emergency 
     health benefit for uninsured individuals and individuals 
     whose health insurance coverage is not actuarially equivalent 
     to benchmark coverage, in the event that the Secretary of 
     Health and Human Services (HHS) declares that a public health 
     emergency exists and chooses to activate the benefit. It 
     would clarify who is eligible for this benefit, including 
     individuals displaced by a public health emergency, limit the 
     amount of time for which the benefit would last, and 
     stipulate what providers would be covered under this Act. It 
     would not use Medicare, Medicaid or SCHIP funding. The 
     funding mechanism would be the Public Health Emergency Fund, 
     a no-year fund available to the Secretary. The bill 
     authorizes funding for the administration of the fund, 
     together with a public education campaign on the availability 
     of the benefit, but further funding would not be necessary 
     until Congress appropriated funds in the event of a declared 
     public health emergency.
       Past experiences have shown that Congress will step in to 
     help defray the costs of uncompensated care resulting from a 
     catastrophic emergency. Determining the scope of such 
     coverage ahead of time will help ensure the solvency of our 
     health care system and help eliminate a disincentive for 
     individuals to promptly seek care. PHERA would help ensure 
     that when tragedy strikes, time and lives are not lost as 
     Congress debates a course of action. It would create the 
     turn-key process ahead of time, thereby allowing for timely 
     care to individuals affected by a crisis.
       We appreciate your leadership in introducing this 
     legislation and look forward to working with you on this and 
     other public health initiatives in the future.
           Sincerely,
       American Red Cross.
       Center for Biosecurity, University of Pittsburgh Medical 
     Center.
       Center for Infectious Disease Research and Policy.

[[Page S7156]]

       Council of State and Territorial Epidemiologists.
       Infectious Diseases Society of America.
       National Association of Community Health Centers.
       Society for Healthcare Epidemiology of America.
       Trust for America's Health.
                                 ______
                                 
      By Mr. REID:
  S. 3313. A bill to establish a Federal Polygamy Task Force, to 
authorize assistance for victims of polygamy, and for other purposes; 
to the committee on the Judiciary.
  Mr. REID. 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. 3313

       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 ``Victims of Polygamy 
     Assistance Act of 2008''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Despite the fact that polygamy has been illegal in the 
     United States for over 100 years, the practice of polygamy 
     involving underage marriages is growing. Sizable polygamist 
     communities exist in Arizona, Utah, and Nevada, and are 
     expanding into other States.
       (2) Polygamist communities are typically controlled by 
     organizations that engage in widespread and systematic 
     violations of State laws and the laws of the United States in 
     order to enrich their leaders and maintain control over their 
     members.
       (3) The crimes perpetrated by these organizations include 
     child abuse, domestic violence, welfare fraud, tax evasion, 
     public corruption, witness tampering, and transporting 
     victims across State lines.
       (4) Due to the systematic and sophisticated nature of these 
     crimes, State and local law enforcement agencies would 
     benefit from the assistance of the Federal Government as they 
     investigate and prosecute these organizations and their 
     leaders for violations of State law. In addition, violations 
     of Federal law associated with polygamy should be 
     investigated and prosecuted directly by Federal authorities.
       (5) The work of State and Federal law enforcement agencies 
     to combat crimes by polygamist organizations would benefit 
     from enhanced collaboration and information-sharing among 
     such agencies.
       (6) The establishment of a task force within the Department 
     of Justice to coordinate Federal efforts and collaborate with 
     State agencies would aid in the investigation and prosecution 
     of criminal activities of polygamist organizations in both 
     Federal and State courts.
       (7) Polygamist organizations isolate, control, manipulate, 
     and threaten victims with retribution should they ever 
     abandon the organization. Individuals who choose to testify 
     against polygamist organizations in Federal or State court 
     have unique needs, including social services and witness 
     protection support, that warrant Federal assistance.

     SEC. 3. ESTABLISHMENT OF A FEDERAL POLYGAMY TASK FORCE.

       (a) Establishment.--There is established within the 
     Department of Justice a Federal Polygamy Task Force, which 
     shall consist of the Deputy Attorney General, the United 
     States attorneys from affected Federal judicial districts, 
     representatives of the Federal Bureau of Investigation, the 
     Internal Revenue Service, the Department of Labor, and the 
     Department of Health and Human Services, and any officer of 
     the Federal Government whom the Deputy Attorney General 
     considers necessary to strengthen Federal law enforcement 
     activities and provide State and local law enforcement 
     officials the assistance they need to address the illegal 
     activity of one or more polygamist organizations.
       (b) Purposes.--The Federal Polygamy Task Force established 
     under subsection (a) shall--
       (1) formulate effective responses to the unique set of 
     crimes committed by polygamist organizations;
       (2) establish partnerships with State and local law 
     enforcement agencies to share relevant information and 
     strengthen State and Federal efforts to combat crimes 
     perpetrated by polygamist organizations;
       (3) assist States by providing strategies and support for 
     the protection of witnesses;
       (4) track the criminal behavior of polygamist organizations 
     that cross State and international borders; and
       (5) ensure that local officials charged with protecting the 
     public are not corrupted because of financial, family, or 
     membership ties to a polygamist organization.

     SEC. 4. POLYGAMY VICTIM ASSISTANCE DISCRETIONARY GRANTS.

       The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) 
     is amended by inserting after section 1404E the following:

     ``SEC. 1404F. ASSISTANCE FOR VICTIMS OF POLYGAMY.

       ``(a) In General.--The Director may make grants as provided 
     in section 1404(c)(1)(A) to State, tribal, and local 
     prosecutors' offices, law enforcement agencies, courts, 
     jails, and correctional institutions, and to qualified public 
     and private entities, to develop, establish, and maintain 
     programs for the enforcement of rights and provision of 
     social services (including witness protection, housing, 
     education, vocational training, mental health services, child 
     care, and medical treatment) for an individual who is 
     exploited or otherwise victimized by practitioners of 
     polygamy.
       ``(b) Authorization of Appropriations.--In addition to 
     funds made available under section 1402(d), there are 
     authorized to be appropriated to carry out this section--
       ``(1) $2,000,000 for fiscal year 2009; and
       ``(2) $2,500,000 for each of the fiscal years 2010, 2011, 
     2012, and 2013.
       ``(c) False Claims Act.--Notwithstanding any other 
     provision of law, amounts collected pursuant to sections 3729 
     through 3731 of title 31, United States Code (commonly known 
     as the `False Claims Act'), may be used for grants under this 
     section, subject to appropriation.''.

     SEC. 5. POLYGAMY INVESTIGATION AND PROSECUTION ASSISTANCE 
                   DISCRETIONARY GRANTS.

       Section 506(a) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3756(a)) is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) $2,000,000, to be granted by the Attorney General to 
     States and units of local government to investigate and 
     prosecute polygamist organizations that violate Federal, 
     State, or local laws.''.
                                 ______
                                 
      By Mrs. BOXER (for herself, Mr. Cardin, Mr. Levin, and Mr. 
        Whitehouse):
  S. 3314. A bill to protect the oceans and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Ms. CANTWELL. Mr. President, I rise today in support of Senator 
Boxer's efforts to begin a real dialog on the need for an effective 
national oceans policy.
  The protection of our oceans is a major priority for me. And we have 
a responsibility to start talking about policy solutions that will work 
to protect one of our most precious resources our oceans.
  In addition to cultural, recreational, and aesthetic values, our 
oceans provide great economic value and a way of life for millions of 
people.
  In Washington State alone, nearly 80 percent of our gross domestic 
product, GDP, is produced in our coastal areas. Nationwide, the oceans 
and coastal areas generate more than $800 billion of trade each year, 
tens of billions of dollars in recreational opportunities annually, and 
$30 billion from commercial fisheries. The histories and the economies 
of coastal communities have, and always will, ebb and flow with the 
tide.
  As such, the conservation of marine and coastal ecosystems, and the 
majestic life they contain, should be a top priority for our Nation.
  By introducing the National Ocean Protection Act today, Senator Boxer 
is taking an important step towards furthering the discussion on the 
management and protection of our oceans, coastal areas, and Great Lakes 
ecosystems. I commend my colleague on her efforts.
  As chair of the Senate Subcommittee on Oceans, Atmosphere, Fisheries 
and Coast Guard, I am currently reviewing several ocean governance 
proposals, but I fully support bringing these important issues into the 
spotlight of consideration. It is the only way we will come closer to 
establishing a comprehensive solution that works.
  This discussion is much needed and long overdue.
  I look forward to continuing this dialog and encourage all of my 
colleagues to join in moving these matters forward and making a renewed 
commitment to the protection of our marine waters.
                                 ______
                                 
      By Mr. GRASSLEY:
  S. 3318. A bill to amend title XVIII of the Social Security Act to 
provide for recognition of equality of physician work in all geographic 
areas and revisions to the practice expense geographic adjustment under 
the Medicare physician fee schedule; to the Committee on Finance.
  Mr. GRASSLEY. Mr. President, I am pleased today to introduce the 
Medicare Physician Payment Equity Act of 2008.
  I stood before this body last December as we agreed to a short-term 
Medicare extension bill so that we would have the opportunity to 
address other

[[Page S7157]]

pressing priorities in a bipartisan Medicare package this year. One of 
the most significant issues I had hoped to address was the need to 
provide more equitable payment for physicians in Iowa and other rural 
states.
  While the Medicare bill that Congress just enacted improves the 
situation for physicians in the near-term by averting the SGR payment 
cuts scheduled to occur during the next 18 months, it does little to 
remedy the unjustifiable geographic disparities in physician payment 
that exist. It is unfortunate that reforms to the geographic physician 
payment adjusters were not included in H.R. 6331. I have long supported 
more equitable treatment of physicians in rural areas, and I have 
pressed for reforms to the work and practice expense geographic 
adjustments in the Medicare physician fee schedule. However, much-
needed reforms such as the establishment of a practice expense floor 
are not in the Medicare bill that Congress enacted last week.
  The legislation I am introducing today is designed to remedy this 
problem by providing more equitable treatment for physicians in rural 
areas. The bill reduces inequitable disparities in physician payment 
resulting from the Geographic Practice Cost Indices or adjusters, known 
as GPCls, by establishing a 1.0 floor for physician practice expense 
adjustments as of 2009 and by providing a national 1.0 geographic index 
for physician work expense after the expiration of the existing 1.0 
floor in 2010.
  Although geographic adjustments are intended to reflect actual cost 
differences in a given area compared to a national average of 1.0, the 
existing, inaccurate formulas create significant disparities in 
physician reimbursement that penalize, rather than equalize, physician 
payment in Iowa and other rural states. These geographic disparities 
lead to rural states experiencing significant difficulties in 
recruiting and retaining physicians and other health care professionals 
because of their significantly lower reimbursement rates. This in turn 
leads to reduced beneficiary access to rural health care providers.
  Here is a simple example that demonstrates the inequity of the 
current GPCI formulas. Iowa is widely recognized as providing some of 
the highest quality health care in the country, yet Iowa physicians 
receive some of the lowest Medicare reimbursement of any physicians in 
the country because of inequitable geographic adjustments. Medicare 
physician payment is equal in all 89 Medicare payment localities until 
the geographic adjusters, or GPCls, are applied. After the GPCI 
adjustments, however, Medicare reimbursement for some physician 
services in Iowa is at least 30 percent lower than payment for the same 
service in other parts of the country, and it is fundamentally unfair. 
Congress needs to reduce these unwarranted payment variations and 
realign Medicare incentives to reward physicians' quality instead of 
their geography.
  Sadly, the inequitable geographic formulas which make these 
adjustments have merely exacerbated the problems of rural access to 
health care. Rural America today has far fewer physicians per capita 
than urban areas do. According to the National Rural Health 
Association, only about 10 percent of physicians practice in rural 
areas although nearly a quarter of the U.S. population lives there. 
Another grave concern is the lack of specialists in rural areas: only 
about 40 specialists exist per 100,000 in rural areas compared to more 
than three times as many--134 per 100,000--in urban areas. The evidence 
is clear that the existing geographic adjusters have been a dismal 
failure in promoting an adequate number of physicians in Iowa and other 
rural states. More severe physician shortages will occur in the future 
if we do not make essential changes to these formulas now.
  The Medicare Physician Payment Equity Act revises the formulas used 
to determine geographic work and practice expense adjustments. The 
physician work formula currently used by the Centers for Medicare and 
Medicaid Services to estimate physician wages measures geographic 
differences in the earnings of six categories of professionals 
(lawyers, engineers, and others), rather than differences in 
physicians' earnings. In addition, the data that are used are based on 
outdated proxy data from the 2000 census. This bill recognizes that 
physician work for a service requires the same skill and training 
regardless of the geographic area, and should be similarly valued, and 
it establishes a national index of 1.0 for physician work beginning in 
2010.
  The practice expense formula used by CMS is inaccurate, outdated, and 
does not represent the actual office rent or employee wage costs for 
physicians in many areas. The office rent component uses Department of 
Housing and Urban Development residential apartment rental data from 
2000 which does not accurately reflect physician office rent. The 
employee wage component comes from 2000 census data on clerical 
workers, nurses, and medical technicians which does not take into 
account any of the more highly compensated workers such as physician 
assistants, office administrators, and other specialists employed in 
physician practices today. The Medicare Physician Payment Equity Act 
provides for a more appropriate recognition of the geographic 
differences in employee wages and office rents by reducing the impact 
of this index to reflect more accurately the differences in physician 
practice costs, as of 2010. We must act now to help recruit and retain 
rural physicians to ensure that beneficiaries in Iowa and other rural 
areas will continue to have access to health care.
  I urge my colleagues to support this legislation to address the 
growing problem of health care shortages in rural America by providing 
more equitable payment for physicians.
  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. 3318

       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 Physician Payment 
     Equity Act of 2008''.

     SEC. 2. RECOGNITION OF EQUALITY OF PHYSICIAN WORK IN ALL 
                   GEOGRAPHIC AREAS UNDER THE MEDICARE PHYSICIAN 
                   FEE SCHEDULE.

       Section 1848(e)(1) of the Social Security Act (42 U.S.C. 
     1395w-4(e)(1)) is amended--
       (1) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``subparagraphs (B)'' through ``the 
     Secretary'' and inserting ``the succeeding provisions of this 
     paragraph, the Secretary''; and
       (2) by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) Recognition of equality of physician work in all 
     geographic areas.--In recognition of the fact that the 
     physician work for a service is the same in all geographic 
     areas, and should be similarly valued under this title, for 
     services furnished on or after January 1, 2010, the 
     geographic index for physician work under subparagraph 
     (A)(iii) shall be 1.0 in all fee schedule areas.''.

     SEC. 3. REVISIONS TO THE PRACTICE EXPENSE GEOGRAPHIC 
                   ADJUSTMENT UNDER THE MEDICARE PHYSICIAN FEE 
                   SCHEDULE.

       (a) Establishment of Floor.--Section 1848(e)(1) of the 
     Social Security Act (42 U.S.C. 1395w-4(e)(1)) is amended by 
     adding at the end the following new subparagraph:
       ``(H) Floor at 1.0 on practice expense geographic index.--
     After calculating the practice expense geographic index in 
     subparagraph (A)(i), for purposes of payment for services 
     furnished in 2009, the Secretary shall increase the practice 
     expense geographic index to 1.0 for any locality for which 
     such practice expense geographic index is less than 1.0.''.
       (b) More Appropriate Recognition of Practice Expense 
     Differences in Employee Wages and Office Rents Among 
     Geographic Areas.--Section 1848(e)(1) of the Social Security 
     Act (42 U.S.C. 1395w-4(e)(1)), as amended by subsection (a), 
     is amended by adding at the end the following new 
     subparagraph:
       ``(I) More appropriate recognition of differences in 
     employee wages and office rents among areas.--
       ``(i) In general.--In recognition of the limitations on 
     available data (as described in clause (ii)) for use as the 
     employee wage and office rent proxies in the practice expense 
     geographic index described in subparagraph (A)(i), and in 
     order to more appropriately reflect differences among 
     different fee schedule areas, for services furnished on or 
     after January 1, 2010, such practice expense geographic index 
     shall be an index which reflects \1/2\ of the difference 
     between the relative costs of employee wages and rents in 
     each of the different fee schedule areas and the national 
     average of such employee wages and rents.
       ``(ii) Limitations on available data.--The limitations on 
     available data described in this clause are the following:

       ``(I) The need to use proxy data to reflect differences in 
     employee wages and rents among areas.

[[Page S7158]]

       ``(II) Wages for some categories of employees being 
     determined in national markets.
       ``(III) Physicians having to compete for some employees in 
     market areas that cross fee schedule areas.
       ``(IV) Physicians in rural areas frequently having to 
     locate their offices close to urban areas and competing with 
     urban rent markets.''.

                                 ______
                                 
      By Mr. DORGAN (for himself, Ms. Murkowski, Mr. Biden, Mr. 
        Domenici, Mr. Baucus, Mr. Bingaman, Mr. Lieberman, Mr. Kyl, Mr. 
        Johnson, Mr. Smith, Ms. Cantwell, Mr. Thune, and Mr. Tester):
  S. 3320. A bill to amend the Indian Law Enforcement Reform Act, the 
Indian Tribal Justice Act, the Indian Tribal Justice Technical and 
Legal Assistance Act of 2000, and the Omnibus Crime Control and Safe 
Streets Act of 1968 to improve the prosecution of, and response to, 
crimes in Indian country, and for other purposes; to the Committee on 
Indian Affairs.
  Mr. DORGAN. Mr. President, as Chairman of the Committee on Indian 
Affairs, I have overseen five hearings this Congress that confirm a 
longstanding and life threatening public safety crisis on many of our 
Nation's American Indian reservations.
  One of the primary causes for violent crime is the disjointed system 
of justice in Indian country that is broken at its core. The current 
system limits the authority of Tribes to fight crime, and requires 
tribal communities to rely completely on the United States to 
investigate and prosecute violent crimes occurring on reservations.
  This is a system that the United States created. With this 
responsibility, comes a legal obligation to provide for the public 
safety on Indian lands. Unfortunately, we are not meeting our 
obligation.
  Between 2004 and 2007, the United States has declined to pursue an 
average of 62 percent of reservation criminal cases referred for 
prosecution. This means that 75 percent of adult and child sex crimes 
and 50 percent of homicides on Indian lands went unpunished in those 
four years.
  This is an inherent flaw in the system. The system vests the 
prosecution of reservation crimes in the federal courts which are often 
located hundreds of miles away from the crime scene, the evidence, and 
the witnesses needed to prosecute these difficult cases.
  The results of this system include an epidemic of domestic and sexual 
violence against American Indian and Alaska Native women. The 
Department of Justice reports that 34 percent of Native women will be 
raped in their lifetimes. This past February, the Centers for Disease 
Control and Prevention reported that 39 percent of Native women will be 
subject to domestic violence. These rates are more than twice the 
national average.
  This broken system of justice has also drawn the unwanted attention 
of criminals to Indian lands. In recent years, reservations have been 
targeted as safe havens for criminal activity. One Federal prosecutor 
said that Indian lands are being used as pipelines by drug 
organizations to funnel their poison to tribal and nearby communities. 
These drugs eventually reach larger metropolitan areas.
  To address this crisis, I am pleased to announce the introduction of 
the Tribal Law and Order Act of 2008 with the support of my colleagues 
Committee Vice Chairwoman Murkowski, and Senators Biden, Domenici, 
Baucus, Bingaman, Lieberman, Kyl, Johnson, Smith, Cantwell, Thune, and 
Tester.
  This bill seeks to take initial steps at mending this broken system 
by arming tribal justice officials with tools to protect their 
communities.
  The bill would expand on a program to enable tribal police to enforce 
violations of Federal laws on Indian lands.
  The bill would also provide police greater access to vital criminal 
history information.
  Further, the bill would enable tribal courts to sentence offenders up 
to 3 years in prison for violations of tribal law, an increase from the 
current limit of 1 year.
  Title I of the bill would provide for greater consultation and 
coordination between federal law enforcement officials, tribal leaders, 
and community members. Increased communication and coordination at all 
levels of government responsible for crime on Indian lands is vital to 
combating this public safety emergency.
  To increase coordination of prosecutions, the bill would require U.S. 
Attorneys to file declination reports and maintain data when refusing 
to pursue a case. Maintaining consistent data on declinations will 
enable Congress to direct funding where the additional resources are 
needed.
  This bill was developed over the past 18 months in consultation with 
tribal leaders, tribal, federal and state law enforcement officials, 
and many others.
  I want to again thank my colleagues for their support of this 
legislation, and urge the Senate to act to meet our public safety 
obligations to all tribal communities.
  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. 3320

       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 ``Tribal Law 
     and Order Act of 2008''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.

            TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION

Sec. 101. Office of Justice Services responsibilities.
Sec. 102. Declination reports.
Sec. 103. Prosecution of crimes in Indian country.
Sec. 104. Administration.

            TITLE II--STATE ACCOUNTABILITY AND COORDINATION

Sec. 201. State criminal jurisdiction and resources.
Sec. 202. Incentives for State, tribal, and local law enforcement 
              cooperation.

   TITLE III--EMPOWERING TRIBAL LAW ENFORCEMENT AGENCIES AND TRIBAL 
                              GOVERNMENTS

Sec. 301. Tribal police officers.
Sec. 302. Drug enforcement in Indian country.
Sec. 303. Access to national criminal information databases.
Sec. 304. Tribal court sentencing authority.
Sec. 305. Indian law and order commission.

                    TITLE IV--TRIBAL JUSTICE SYSTEMS

Sec. 401. Indian alcohol and substance abuse.
Sec. 402. Indian tribal justice; technical and legal assistance.
Sec. 403. Tribal resources grant program.
Sec. 404. Tribal jails program.
Sec. 405. Tribal probation office liaison program.
Sec. 406. Tribal youth program.

                   TITLE V--INDIAN COUNTRY CRIME DATA

Sec. 501. Tracking of crimes committed in Indian country.
Sec. 502. Grants to improve tribal data collection systems.
Sec. 503. Criminal history record improvement program.

    TITLE VI--DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROSECUTION AND 
                               PREVENTION

Sec. 601. Prisoner release and reentry.
Sec. 602. Domestic and sexual violent offense training.
Sec. 603. Testimony by Federal employees in cases of rape and sexual 
              assault.
Sec. 604. Coordination of Federal agencies.
Sec. 605. Sexual assault protocol.

     SEC. 2. FINDINGS; PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the United States has distinct legal, treaty, and trust 
     obligations to provide for the public safety of tribal 
     communities;
       (2) several States have been delegated or have accepted 
     responsibility to provide for the public safety of tribal 
     communities within the borders of the States;
       (3) Congress and the President have acknowledged that--
       (A) tribal law enforcement officers are often the first 
     responders to crimes on Indian reservations; and
       (B) tribal justice systems are ultimately the most 
     appropriate institutions for maintaining law and order in 
     tribal communities;
       (4) less than 3,000 tribal and Federal law enforcement 
     officers patrol more than 56,000,000 acres of Indian country, 
     which reflects less than \1/2\ of the law enforcement 
     presence in comparable rural communities nationwide;
       (5) on many Indian reservations, law enforcement officers 
     respond to distress or emergency calls without backup and 
     travel to remote locations without adequate radio 
     communication or access to national crime information 
     database systems;
       (6) the majority of tribal detention facilities were 
     constructed decades before the date of enactment of this Act 
     and must be or will soon need to be replaced, creating a 
     multibillion-dollar backlog in facility needs;
       (7) a number of Indian country offenders face no 
     consequences for minor crimes, and many such offenders are 
     released due to severe overcrowding in existing detention 
     facilities;

[[Page S7159]]

       (8) tribal courts--
       (A) are the primary arbiters of criminal and civil justice 
     for actions arising in Indian country; but
       (B) have been historically underfunded;
       (9) tribal courts have no criminal jurisdiction over non-
     Indian persons, and the sentencing authority of tribal courts 
     is limited to sentences of not more than 1 year of 
     imprisonment for Indian offenders, forcing tribal communities 
     to rely solely on the Federal Government and certain State 
     governments for the prosecution of--
       (A) misdemeanors committed by non-Indian persons; and
       (B) all felony crimes in Indian country;
       (10) a significant percentage of cases referred to Federal 
     agencies for prosecution of crimes allegedly occurring in 
     tribal communities are declined to be prosecuted;
       (11) the complicated jurisdictional scheme that exists in 
     Indian country--
       (A) has a significant negative impact on the ability to 
     provide public safety to Indian communities; and
       (B) has been increasingly exploited by criminals;
       (12) the violent crime rate in Indian country is--
       (A) nearly twice the national average; and
       (B) more than 20 times the national average on some Indian 
     reservations;
       (13)(A) domestic and sexual violence against Indian and 
     Alaska Native women has reached epidemic proportions;
       (B) 34 percent of Indian and Alaska Native women will be 
     raped in their lifetimes; and
       (C) 39 percent of Indian and Alaska Native women will be 
     subject to domestic violence;
       (14) the lack of police presence and resources in Indian 
     country has resulted in significant delays in responding to 
     victims' calls for assistance, which adversely affects the 
     collection of evidence needed to prosecute crimes, 
     particularly crimes of domestic and sexual violence;
       (15) alcohol and drug abuse plays a role in more than 80 
     percent of crimes committed in tribal communities;
       (16) the rate of methamphetamine addiction in tribal 
     communities is 3 times the national average;
       (17) the Department of Justice has reported that drug 
     organizations have increasingly targeted Indian country to 
     produce and distribute methamphetamine, citing the limited 
     law enforcement presence and jurisdictional confusion as 
     reasons for the increased activity;
       (18) tribal communities face significant increases in 
     instances of domestic violence, burglary, assault, and child 
     abuse as a direct result of increased methamphetamine use on 
     Indian reservations;
       (19)(A) criminal jurisdiction in Indian country is complex, 
     and responsibility for Indian country law enforcement is 
     shared among Federal, tribal, and State authorities; and
       (B) that complexity requires a high degree of commitment 
     and cooperation from Federal and State officials that can be 
     difficult to establish;
       (20) agreements for cooperation among certified tribal and 
     State law enforcement officers have proven to improve law 
     enforcement in tribal communities; and
       (21) crime data is a fundamental tool of law enforcement, 
     but for decades the Bureau of Indian Affairs and the 
     Department of Justice have not been able to coordinate or 
     consistently report crime and prosecution rates in tribal 
     communities.
       (b) Purposes.--The purposes of this Act are--
       (1) to clarify the responsibilities of Federal, State, 
     tribal, and local governments with respect to crimes 
     committed in tribal communities;
       (2) to increase coordination and communication among 
     Federal, State, tribal, and local law enforcement agencies;
       (3) to empower tribal governments with the authority, 
     resources, and information necessary to safely and 
     effectively provide for the safety of the public in tribal 
     communities;
       (4) to reduce the prevalence of violent crime in tribal 
     communities and to combat violence against Indian and Alaska 
     Native women;
       (5) to address and prevent drug trafficking and reduce 
     rates of alcohol and drug addiction in Indian country; and
       (6) to increase and standardize the collection of criminal 
     data and the sharing of criminal history information among 
     Federal, State, and tribal officials responsible for 
     responding to and investigating crimes in tribal communities.

     SEC. 3. DEFINITIONS.

       (a) In General.--In this Act:
       (1) Indian country.--The term ``Indian country'' has the 
     meaning given the term in section 1151 of title 18, United 
     States Code.
       (2) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 102 of the Federally 
     Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Tribal government.--The term ``tribal government'' 
     means the governing body of an Indian tribe.
       (b) Indian Law Enforcement Reform Act.--Section 2 of the 
     Indian Law Enforcement Reform Act (25 U.S.C. 2801) is amended 
     by adding at the end the following:
       ``(10) Tribal justice official.--The term `tribal justice 
     official' means--
       ``(A) a tribal prosecutor;
       ``(B) a tribal law enforcement officer; or
       ``(C) any other person responsible for investigating or 
     prosecuting an alleged criminal offense in tribal court.''.

            TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION

     SEC. 101. OFFICE OF JUSTICE SERVICES RESPONSIBILITIES.

       (a) Additional Responsibilities of Division.--Section 3 of 
     the Indian Law Enforcement Reform Act (25 U.S.C. 2802) is 
     amended--
       (1) in subsection (c)--
       (A) in paragraph (8), by striking ``and'' at the end;
       (B) in paragraph (9), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(10) communicating with tribal leaders, tribal community 
     advocates, tribal justice officials, and residents of Indian 
     land on a regular basis regarding public safety and justice 
     concerns facing tribal communities;
       ``(11) conducting meaningful and timely consultation with 
     tribal leaders and tribal justice officials in the 
     development of regulatory policies and other actions that 
     affect public safety and justice in Indian country;
       ``(12) providing technical assistance and training to 
     tribal law enforcement officials to gain access and input 
     authority to utilize the National Criminal Information Center 
     and other national crime information databases pursuant to 
     section 534 of title 28, United States Code;
       ``(13) in coordination with the Attorney General pursuant 
     to subsection (g) of section 302 of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3732), collecting, 
     analyzing, and reporting data regarding Indian country crimes 
     on an annual basis;
       ``(14) submitting to the Committee on Indian Affairs of the 
     Senate and the Committee on Natural Resources of the House of 
     Representatives, for each fiscal year, a detailed spending 
     report regarding tribal public safety and justice programs 
     that includes--
       ``(A) the number of employees and amounts spent by 
     category, including a breakdown by position of direct Bureau 
     and tribal government employees, for each of--
       ``(i) criminal investigators;
       ``(ii) uniform police;
       ``(iii) dispatchers;
       ``(iv) detention officers; and
       ``(v) executive personnel, including special agents in 
     charge, and directors and deputies of various offices in the 
     Office of Justice Services;
       ``(B) an itemized list of spending by the Secretary on law 
     enforcement and corrections personnel, vehicles, related 
     transportation costs, equipment, inmate transportation costs, 
     inmate transfer costs, improvement and repair of facilities, 
     personnel transfers, detailees and costs related to their 
     details, emergency events, public safety and justice 
     communications and technology costs, and other public safety 
     and justice-related expenses;
       ``(C) a list of, and relevant details regarding, the unmet 
     staffing needs of law enforcement and corrections personnel 
     at tribal and Bureau of Indian Affairs police departments and 
     corrections facilities, the backlog in corrections 
     facilities, public safety and justice communications and 
     technology needs, and other public safety and justice-related 
     needs; and
       ``(D) the formula, priority list or other methodology used 
     to determine the method of disbursement of funds for the 
     public safety and justice programs of the Office of Justice 
     Services;
       ``(15) submitting to Congress, for each fiscal year, a 
     report summarizing the technical assistance, training, and 
     other support provided to tribal law enforcement and 
     corrections agencies that operate relevant programs pursuant 
     to self-determination contracts or self-governance compacts 
     with the Bureau of Indian Affairs; and
       ``(16) promulgating regulations to carry out this Act, and 
     routinely reviewing and updating, as necessary, the 
     regulations contained in subchapter B of title 25, Code of 
     Federal Regulations (or successor regulations).''; and
       (2) by adding at the end the following:
       ``(d) Long-Term Plan for Tribal Detention Programs.--Not 
     later than 1 year after the date of enactment of this 
     subsection, the Secretary, acting through the Bureau, in 
     coordination with the Department of Justice and in 
     consultation with tribal leaders, tribal law enforcement 
     officers, and tribal corrections officials, shall submit to 
     Congress a long-term plan to address incarceration in Indian 
     country, including a description of--
       ``(1) proposed activities for the construction of detention 
     facilities (including regional facilities) on Indian land;
       ``(2) proposed activities for the construction of 
     additional Federal detention facilities on Indian land;
       ``(3) proposed activities for contracting with State and 
     local detention centers, upon approval of affected tribal 
     governments;
       ``(4) proposed activities for alternatives to 
     incarceration, developed in cooperation with tribal court 
     systems; and
       ``(5) other such alternatives to incarceration as the 
     Secretary, in coordination with the Bureau and in 
     consultation with tribal representatives, determines to be 
     necessary.''.
       (b) Law Enforcement Authority.--Section 4 of the Indian Law 
     Enforcement Reform Act (25 U.S.C. 2803) is amended--

[[Page S7160]]

       (1) in paragraph (2)(A), by striking ``), or'' and 
     inserting ``or offenses committed on Federal property 
     processed by the Central Violations Bureau); or''; and
       (2) in paragraph (3), by striking subparagraphs (A) through 
     (C) and inserting the following:
       ``(A) the offense is committed in the presence of the 
     employee; or
       ``(B) the offense is a Federal crime and the employee has 
     reasonable grounds to believe that the person to be arrested 
     has committed, or is committing, the crime;''.

     SEC. 102. DECLINATION REPORTS.

       Section 10 of the Indian Law Enforcement Reform Act (25 
     U.S.C. 2809) is amended by striking subsections (a) through 
     (d) and inserting the following:
       ``(a) Reports.--
       ``(1) Law enforcement officials.--Subject to subsection 
     (d), if a law enforcement officer or employee of any Federal 
     department or agency declines to initiate an investigation of 
     an alleged violation of Federal law in Indian country, or 
     terminates such an investigation without referral for 
     prosecution, the officer or employee shall--
       ``(A) submit to the appropriate tribal justice officials a 
     report describing each reason why a case was not opened or an 
     investigation was declined or terminated; and
       ``(B) submit to the Office of Indian Country Crime relevant 
     information regarding all declinations of alleged violations 
     of Federal law in Indian country, including--
       ``(i) the type of crime alleged;
       ``(ii) the status of the accused as an Indian or non-
     Indian;
       ``(iii) the status of the victim as an Indian; and
       ``(iv) the reason for declining to initiate, open, or 
     terminate the investigation.
       ``(2) United states attorneys.--Subject to subsection (d), 
     if a United States Attorney declines to prosecute, or acts to 
     terminate prosecution of, an alleged violation of Federal law 
     in Indian country referred for prosecution by a law 
     enforcement officer or employee of a Federal department or 
     agency or other law enforcement officer authorized to enforce 
     Federal law, the United States Attorney shall--
       ``(A) coordinate and communicate with the appropriate 
     tribal justice official, sufficiently in advance of the 
     tribal statute of limitations, reasonable details regarding 
     the case to permit the tribal prosecutor to pursue the case 
     in tribal court; and
       ``(B) submit to the Office of Indian Country Crime and the 
     appropriate tribal justice official relevant information 
     regarding all declinations of alleged violations of Federal 
     law in Indian country, including--
       ``(i) the type of crime alleged;
       ``(ii) the status of the accused as an Indian or non-
     Indian;
       ``(iii) the status of the victim as an Indian; and
       ``(iv) the reason for the determination to decline or 
     terminate the prosecution.
       ``(b) Maintenance of Records.--
       ``(1) In general.--The Director of the Office of Indian 
     Country Crime shall establish and maintain a compilation of 
     information received under paragraph (1) or (2) of subsection 
     (a) relating to declinations.
       ``(2) Availability to congress.--Each compilation under 
     paragraph (1) shall be made available to Congress on an 
     annual basis.
       ``(c) Inclusion of Case Files.--A report submitted to the 
     appropriate tribal justice officials under paragraph (1) or 
     (2) of subsection (a) may include the case file, including 
     evidence collected and statements taken that could support an 
     investigation or prosecution by the appropriate tribal 
     justice officials.
       ``(d) Effect of Section.--
       ``(1) In general.--Nothing in this section requires any 
     Federal agency or official to transfer or disclose any 
     confidential or privileged communication, information, or 
     source to an official of any Indian tribe.
       ``(2) Federal rules of criminal procedure.--Rule 6 of the 
     Federal Rules of Criminal Procedure shall apply to this 
     section.
       ``(3) Regulations.--Each Federal agency required to submit 
     a report pursuant to this section shall adopt, by regulation, 
     standards for the protection of confidential or privileged 
     communications, information, and sources under paragraph 
     (1).''.

     SEC. 103. PROSECUTION OF CRIMES IN INDIAN COUNTRY.

       (a) Appointment of Special Prosecutors.--Section 543(a) of 
     title 28, United States Code, is amended by inserting before 
     the period at the end the following: ``, including the 
     appointment of qualified tribal prosecutors and other 
     qualified attorneys to assist in prosecuting Federal offenses 
     committed in Indian country''.
       (b) Tribal Liaisons.--The Indian Law Enforcement Reform Act 
     (25 U.S.C. 2801 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 11. ASSISTANT UNITED STATES ATTORNEY TRIBAL LIAISONS.

       ``(a) Appointment.--Each United States Attorney the 
     district of which includes Indian country shall appoint not 
     less than 1 assistant United States Attorney to serve as a 
     tribal liaison for the district.
       ``(b) Duties.--A tribal liaison shall be responsible for 
     the following activities in the district of the tribal 
     liaison:
       ``(1) Coordinating the prosecution of Federal crimes that 
     occur in Indian country.
       ``(2) Developing multidisciplinary teams to combat child 
     abuse and domestic and sexual violence offenses against 
     Indians.
       ``(3) Developing working relationships and maintaining 
     communication with tribal leaders, tribal community 
     advocates, and tribal justice officials to gather information 
     from, and share appropriate information with, tribal justice 
     officials.
       ``(4) Coordinating with tribal prosecutors in cases in 
     which a tribal government has concurrent jurisdiction over an 
     alleged crime, in advance of the expiration of any applicable 
     statute of limitation.
       ``(5) Providing technical assistance and training regarding 
     evidence gathering techniques to tribal justice officials and 
     other individuals and entities that are instrumental to 
     responding to Indian country crimes.
       ``(6) Conducting training sessions and seminars to certify 
     special law enforcement commissions to tribal justice 
     officials and other individuals and entities responsible for 
     responding to Indian country crimes.
       ``(7) Coordinating with the Office of Indian Country Crime, 
     as necessary.
       ``(8) Conducting such other activities to address and 
     prevent violent crime in Indian country as the applicable 
     United States Attorney determines to be appropriate.
       ``(c) Sense of Congress Regarding Evaluations of Tribal 
     Liaisons.--
       ``(1) Findings.--Congress finds that--
       ``(A) many tribal communities rely solely on United States 
     Attorneys offices to prosecute felony and misdemeanor crimes 
     occurring on Indian land; and
       ``(B) tribal liaisons have dual obligations of--
       ``(i) coordinating prosecutions of Indian country crime; 
     and
       ``(ii) developing relationships with tribal communities and 
     serving as a link between tribal communities and the Federal 
     justice process.
       ``(2) Sense of congress.--It is the sense of Congress that 
     the Attorney General should--
       ``(A) take all appropriate actions to encourage the 
     aggressive prosecution of all crimes committed in Indian 
     country; and
       ``(B) when appropriate, take into consideration the dual 
     responsibilities of tribal liaisons described in paragraph 
     (1)(B) in evaluating the performance of the tribal liaisons.
       ``(d) Enhanced Prosecution of Minor Crimes.--Each United 
     States Attorney serving a district that includes Indian 
     country is authorized and encouraged--
       ``(1) to appoint Special Assistant United States Attorneys 
     pursuant to section 543(a) of title 28, United States Code, 
     to prosecute crimes in Indian country as necessary to improve 
     the administration of justice, and particularly when--
       ``(A) the crime rate exceeds the national average crime 
     rate; or
       ``(B) the rate at which criminal offenses are declined to 
     be prosecuted exceeds the national average rate;
       ``(2) to coordinate with applicable United States 
     magistrate and district courts--
       ``(A) to ensure the provision of docket time for 
     prosecutions of Indian country crimes; and
       ``(B) to hold trials and other proceedings in Indian 
     country, as appropriate;
       ``(3) to provide to appointed Special Assistant United 
     States Attorneys appropriate training, supervision, and staff 
     support; and
       ``(4) if an agreement is entered into with a Federal court 
     pursuant to paragraph (2), to provide technical and other 
     assistance to tribal governments and tribal court systems to 
     ensure the success of the program under this subsection.''.

     SEC. 104. ADMINISTRATION.

       (a) Office of Tribal Justice.--
       (1) Definitions.--Section 4 of the Indian Tribal Justice 
     Technical and Legal Assistance Act of 2000 (25 U.S.C. 3653) 
     is amended--
       (A) by redesignating paragraphs (2) through (7) as 
     paragraphs (3) through (8), respectively; and
       (B) by inserting after paragraph (1) the following:
       ``(2) Director.--The term `Director' means the Director of 
     the Office of Tribal Justice.''.
       (2) Status.--Title I of the Indian Tribal Justice Technical 
     and Legal Assistance Act of 2000 is amended--
       (A) by redesignating section 106 (25 U.S.C. 3666) as 
     section 107; and
       (B) by inserting after section 105 (25 U.S.C. 3665) the 
     following:

     ``SEC. 106. OFFICE OF TRIBAL JUSTICE.

       ``(a) In General.--Not later than 90 days after the date of 
     enactment of the Tribal Law and Order Act of 2008, the 
     Attorney General shall modify the status of the Office of 
     Tribal Justice as the Attorney General determines to be 
     necessary to establish the Office of Tribal Justice as a 
     permanent division of the Department.
       ``(b) Personnel and Funding.--The Attorney General shall 
     provide to the Office of Tribal Justice such personnel and 
     funds as are necessary to establish the Office of Tribal 
     Justice as a division of the Department under subsection (a).
       ``(c) Additional Duties.--In addition to the duties of the 
     Office of Tribal Justice in effect on the day before the date 
     of enactment of the Tribal Law and Order Act of 2008, the 
     Office of Tribal Justice shall--
       ``(1) serve as the program and legal policy advisor to the 
     Attorney General with respect to the treaty and trust 
     relationship between the United States and Indian tribes;
       ``(2) serve as the point of contact for federally 
     recognized tribal governments and tribal organizations with 
     respect to questions and comments regarding policies and 
     programs of the Department and issues relating to public 
     safety and justice in Indian country; and

[[Page S7161]]

       ``(3) coordinate with other bureaus, agencies, offices, and 
     divisions within the Department of Justice to ensure that 
     each component has an accountable process to ensure 
     meaningful and timely consultation with tribal leaders in the 
     development of regulatory policies and other actions with 
     tribal implications.''.
       (b) Office of Indian Country Crime.--The Indian Law 
     Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as amended 
     by section 103(b)) is amended by adding at the end the 
     following:

     ``SEC. 12. OFFICE OF INDIAN COUNTRY CRIME.

       ``(a) Establishment.--There is established in the criminal 
     division of the Department of Justice an office, to be known 
     as the `Office of Indian Country Crime'.
       ``(b) Duties.--The Office of Indian Country Crime shall--
       ``(1) develop, enforce, and administer the application of 
     Federal criminal laws applicable in Indian country;
       ``(2) coordinate with the United States Attorneys that have 
     authority to prosecute crimes in Indian country;
       ``(3) coordinate prosecutions of crimes of national 
     significance in Indian country, as determined by the Attorney 
     General;
       ``(4) develop and implement criminal enforcement policies 
     for United States Attorneys and investigators of Federal 
     crimes regarding cases arising in Indian country; and
       ``(5) submit to the Committee on Indian Affairs of the 
     Senate and the Committee on Natural Resources of the House of 
     Representatives annual reports describing the prosecution and 
     declination rates of cases involving alleged crimes in Indian 
     country referred to United States Attorneys.
       ``(c) Deputy Assistant Attorney General.--
       ``(1) Appointment.--The Attorney General shall appoint a 
     Deputy Assistant Attorney General for Indian Country Crime.
       ``(2) Duties.--The Deputy Assistant Attorney General for 
     Indian Country Crime shall--
       ``(A) serve as the head of the Office of Indian Country 
     Crime;
       ``(B) serve as a point of contact to United State Attorneys 
     serving districts including Indian country, tribal liaisons, 
     tribal governments, and other Federal, State, and local law 
     enforcement agencies regarding issues affecting the 
     prosecution of crime in Indian country; and
       ``(C) carry out such other duties as the Attorney General 
     may prescribe.''.

            TITLE II--STATE ACCOUNTABILITY AND COORDINATION

     SEC. 201. STATE CRIMINAL JURISDICTION AND RESOURCES.

       (a) Concurrent Authority of United States.--Section 401(a) 
     of Public Law 90-284 (25 U.S.C. 1321(a)) is amended--
       (1) by striking the section designation and heading and all 
     that follows through ``The consent of the United States'' and 
     inserting the following:

     ``SEC. 401. ASSUMPTION BY STATE OF CRIMINAL JURISDICTION.

       ``(a) Consent of United States.--
       ``(1) In general.--The consent of the United States''; and
       (2) by adding at the end the following:
       ``(2) Concurrent jurisdiction.--At the request of an Indian 
     tribe, and after consultation with the Attorney General, the 
     United States shall maintain concurrent jurisdiction to 
     prosecute violations of sections 1152 and 1153 of title 18, 
     United States Code, within the Indian country of the Indian 
     tribe.''.
       (b) Applicable Law.--Section 1162 of title 18, United 
     States Code, is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Applicable Law.--At the request of an Indian tribe, 
     and after consultation with the Attorney General--
       ``(1) sections 1152 and 1153 of this title shall remain in 
     effect in the areas of the Indian country of the Indian 
     tribe; and
       ``(2) jurisdiction over those areas shall be concurrent 
     among the Federal Government and State and tribal 
     governments.''.

     SEC. 202. INCENTIVES FOR STATE, TRIBAL, AND LOCAL LAW 
                   ENFORCEMENT COOPERATION.

       (a) Establishment of Cooperative Assistance Program.--The 
     Attorney General may provide grants, technical assistance, 
     and other assistance to State, tribal, and local governments 
     that enter into cooperative agreements, including agreements 
     relating to mutual aid, hot pursuit of suspects, and cross-
     deputization for the purposes of--
       (1) improving law enforcement effectiveness; and
       (2) reducing crime in Indian country and nearby 
     communities.
       (b) Program Plans.--
       (1) In general.--To be eligible to receive assistance under 
     this section, a group composed of not less than 1 of each of 
     a tribal government and a State or local government shall 
     jointly develop and submit to the Attorney General a plan for 
     a program to achieve the purpose described in subsection (a).
       (2) Plan requirements.--A joint program plan under 
     paragraph (1) shall include a description of--
       (A) the proposed cooperative tribal and State or local law 
     enforcement program for which funding is sought, including 
     information on the population and each geographic area to be 
     served by the program;
       (B) the need of the proposed program for funding under this 
     section, the amount of funding requested, and the proposed 
     use of funds, subject to the requirements listed in 
     subsection (c);
       (C) the unit of government that will administer any 
     assistance received under this section, and the method by 
     which the assistance will be distributed;
       (D) the types of law enforcement services to be performed 
     on each applicable Indian reservation and the individuals and 
     entities that will perform those services;
       (E) the individual or group of individuals who will 
     exercise daily supervision and control over law enforcement 
     officers participating in the program;
       (F) the method by which local and tribal government input 
     with respect to the planning and implementation of the 
     program will be ensured;
       (G) the policies of the program regarding mutual aid, hot 
     pursuit of suspects, deputization, training, and insurance of 
     applicable law enforcement officers;
       (H) the recordkeeping procedures and types of data to be 
     collected pursuant to the program; and
       (I) other information that the Attorney General determines 
     to be relevant.
       (c) Permissible Uses of Funds.--An eligible entity that 
     receives a grant under this section may use the grant, in 
     accordance with the program plan described in subsection 
     (b)--
       (1) to hire and train new career tribal, State, or local 
     law enforcement officers, or to make overtime payments for 
     current law enforcement officers, that are or will be 
     dedicated to--
       (A) policing tribal land and nearby lands; and
       (B) investigating alleged crimes on those lands;
       (2) procure equipment, technology, or support systems to be 
     used to investigate crimes and share information between 
     tribal, State, and local law enforcement agencies; or
       (3) for any other uses that the Attorney General determines 
     will meet the purposes described in subsection (a).
       (d) Factors for Consideration.--In determining whether to 
     approve a joint program plan submitted under subsection (b) 
     and, on approval, the amount of assistance to provide to the 
     program, the Attorney General shall take into consideration 
     the following factors:
       (1) The size and population of each Indian reservation and 
     nearby community proposed to be served by the program.
       (2) The complexity of the law enforcement problems proposed 
     to be addressed by the program.
       (3) The range of services proposed to be provided by the 
     program.
       (4) The proposed improvements the program will make 
     regarding law enforcement cooperation beyond existing levels 
     of cooperation.
       (5) The crime rates of the tribal and nearby communities.
       (6) The available resources of each entity applying for a 
     grant under this section for dedication to public safety in 
     the respective jurisdictions of the entities.
       (e) Annual Reports.--To be eligible to renew or extend a 
     grant under this section, a group described in subsection 
     (b)(1) shall submit to the Attorney General, together with 
     the joint program plan under subsection (b), a report 
     describing the law enforcement activities carried out 
     pursuant to the program during the preceding fiscal year, 
     including the success of the activities, including any 
     increase in arrests or prosecutions.
       (f) Reports by Attorney General.--Not later than January 15 
     of each applicable fiscal year, the Attorney General shall 
     submit to the Committee on Indian Affairs of the Senate and 
     the Committee on Natural Resources of the House of 
     Representatives a report describing the law enforcement 
     programs carried out using assistance provided under this 
     section during the preceding fiscal year, including the 
     success of the programs.
       (g) Technical Assistance.--On receipt of a request from a 
     group composed of not less than 1 tribal government and 1 
     State or local government, the Attorney General shall provide 
     technical assistance to the group to develop successful 
     cooperative relationships that effectively combat crime in 
     Indian country and nearby communities.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section for each of fiscal years 2009 through 2015.

   TITLE III--EMPOWERING TRIBAL LAW ENFORCEMENT AGENCIES AND TRIBAL 
                              GOVERNMENTS

     SEC. 301. TRIBAL POLICE OFFICERS.

       (a) Flexibility in Training Law Enforcement Officers 
     Serving Indian Country.--Section 3(e) of the Indian Law 
     Enforcement Reform Act (25 U.S.C. 2802(e)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``(e)(1) The Secretary'' and inserting the 
     following:
       ``(e) Standards of Education and Experience and 
     Classification of Positions.--
       ``(1) Standards of education and experience.--
       ``(A) In general.--The Secretary''; and
       (B) by adding at the end the following:
       ``(B) Training.--The training standards established under 
     subparagraph (A) shall permit law enforcement personnel of 
     the Division of Law Enforcement Services or an Indian tribe 
     to obtain training at a State or tribal police academy, a 
     local or tribal community college, or another training 
     academy

[[Page S7162]]

     that meets the National Peace Officer Standards of 
     Training.''; and
       (2) in paragraph (3), by striking ``Agencies'' and 
     inserting ``agencies''.
       (b) Special Law Enforcement Commissions.--Section 5 of the 
     Indian Law Enforcement Reform Act (25 U.S.C. 2804) is amended 
     by striking the section heading and all that follows through 
     subsection (e) and inserting the following:

     ``SEC. 5. SPECIAL LAW ENFORCEMENT COMMISSIONS.

       ``(a) Agreements.--
       ``(1) Encouraged implementation of agreements.--The 
     Secretary is authorized and encouraged to enter into 
     agreements for the use (with or without reimbursement) of 
     personnel and facilities of Federal, tribal, State, or other 
     government agencies to assist in the enforcement or 
     administration in Indian country of Federal law or the laws 
     of an Indian tribe that authorizes the Secretary to enforce 
     tribal law.
       ``(2) Certain activities.--Pursuant to an agreement 
     described in paragraph (1), the Secretary shall authorize the 
     law enforcement officers of any applicable government agency 
     to carry out any activity authorized under section 4.
       ``(3) Requirement.--An agreement under paragraph (1) shall 
     be in accordance with any applicable agreement between the 
     Secretary and the Attorney General.
       ``(b) Program Enhancement.--
       ``(1) Training sessions in indian country.--
       ``(A) In general.--The Secretary (or a designee) and the 
     Attorney General (or a designee) shall develop a plan to 
     enhance the certification and provision of special law 
     enforcement commissions to tribal law enforcement officials, 
     and, subject to subsection (d), State and local law 
     enforcement officials, pursuant to this section.
       ``(B) Inclusions.--The plan under subparagraph (A) shall 
     include the hosting of regional training sessions in Indian 
     country, not less frequently than biannually, to educate and 
     certify candidates for the special commissions.
       ``(2) Memoranda of agreement.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of the Tribal Law and Order Act of 2008, the 
     Secretary, in consultation with Indian tribes and tribal law 
     enforcement agencies, shall develop minimum requirements to 
     be included in special law enforcement commission agreements 
     pursuant to this section.
       ``(B) Agreement.--Not later than 60 days after the date on 
     which the Secretary determines that all applicable 
     requirements under subparagraph (A) are met, the Secretary 
     shall offer to enter into a special law enforcement 
     commission agreement with the applicable Indian tribe.
       ``(c) Limitation on Use of Certain Personnel.--
       ``(1) Consultation.--The Secretary shall consult with each 
     affected Indian tribe before entering into any agreement 
     under subsection (a) with a non-Federal agency that will 
     provide personnel for use in any area under the jurisdiction 
     of the Indian tribes.
       ``(2) Prohibition.--The Secretary shall not use the 
     personnel of a non-Federal agency under this section in an 
     area of Indian country if the Indian tribe with jurisdiction 
     over that area has adopted a resolution objecting to the use 
     of personnel of the non-Federal agency.
       ``(d) Coordination by Federal Agencies.--Notwithstanding 
     section 1535 of title 31, United States Code, the head of a 
     Federal agency with law enforcement personnel or facilities 
     shall coordinate and, as needed, enter into agreements (with 
     or without reimbursement) with the Secretary under subsection 
     (a).
       ``(e) Encouragement of Other Federal Agency Heads.--
     Congress encourages the head of each Federal agency with law 
     enforcement personnel or facilities to enter into agreements 
     (with or without reimbursement) with an Indian tribe relating 
     to--
       ``(1) the law enforcement authority of the Indian tribe;
       ``(2) the administration of Federal or tribal criminal law; 
     and
       ``(3) the conduct of investigations, the sharing of 
     information and training techniques, and the provisions of 
     other related technical assistance to prevent and prosecute 
     violations of Federal or tribal criminal law in Indian 
     country.''.

     SEC. 302. DRUG ENFORCEMENT IN INDIAN COUNTRY.

       (a) Education and Research Programs.--Section 502 of the 
     Controlled Substances Act (21 U.S.C. 872) is amended in 
     subsections (a)(1) and (c), by inserting `` tribal,'' after 
     ``State,'' each place it appears.
       (b) Public-Private Education Program.--Section 503 of the 
     Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C. 
     872a) is amended--
       (1) in subsection (a), by inserting ``tribal,'' after 
     ``State,''; and
       (2) in subsection (b)(2), by inserting ``, tribal,'' after 
     ``State''.
       (c) Cooperative Arrangements.--Section 503 of the 
     Controlled Substances Act (21 U.S.C. 873) is amended--
       (1) in subsection (a)--
       (A) by inserting ``tribal,'' after ``State,'' each place it 
     appears; and
       (B) in paragraphs (6) and (7), by inserting ``, tribal,'' 
     after ``State'' each place it appears; and
       (2) in subsection (d)(1), by inserting ``, tribal,'' after 
     ``State''.
       (d) Powers of Enforcement Personnel.--Section 508(a) of the 
     Controlled Substances Act (21 U.S.C. 878(a)) is amended in 
     the matter preceding paragraph (1) by inserting ``, tribal,'' 
     after ``State''.

     SEC. 303. ACCESS TO NATIONAL CRIMINAL INFORMATION DATABASES.

       (a) Access to National Criminal Information Databases.--
     Section 534 of title 28, United States Code, is amended--
       (1) in subsection (a)(4), by inserting ``Indian tribes,'' 
     after ``the States,'';
       (2) by striking subsection (d) and inserting the following:
       ``(d) Indian Law Enforcement Agencies.--The Attorney 
     General shall permit tribal and Bureau of Indian Affairs law 
     enforcement agencies--
       ``(1) to directly access and enter information into Federal 
     criminal information databases; and
       ``(2) to directly obtain information from the databases.''; 
     and
       (3) in subsection (f)(2), in the matter preceding 
     subparagraph (A), by inserting ``, tribal,'' after 
     ``Federal''.
       (b) Requirement.--
       (1) In general.--The Attorney General shall ensure that 
     tribal law enforcement officials that meet applicable Federal 
     or State requirements have access to national crime 
     information databases.
       (2) Sanctions.--For purpose of sanctions for noncompliance 
     with requirements of, or misuse of, national crime 
     information databases and information obtained from those 
     databases, a tribal law enforcement agency or official shall 
     be treated as Federal law enforcement agency or official.

     SEC. 304. TRIBAL COURT SENTENCING AUTHORITY.

       Section 202 of Public Law 90-284 (25 U.S.C. 1302) is 
     amended--
       (1) in the matter preceding paragraph (1), by striking ``No 
     Indian tribe'' and inserting the following:
       ``(a) In General.--No Indian tribe'';
       (2) in paragraph (7) of subsection (a) (as designated by 
     paragraph (1)), by striking ``and a fine'' and inserting ``or 
     a fine''; and
       (3) by adding at the end the following:
       ``(b) Tribal Courts and Prisoners.--
       ``(1) In general.--Notwithstanding paragraph (7) of 
     subsection (a) and in addition to the limitations described 
     in the other paragraphs of that subsection, no Indian tribe, 
     in exercising any power of self-government involving a 
     criminal trial that subjects a defendant to more than 1 year 
     imprisonment for any single offense, may--
       ``(A) deny any person in such a criminal proceeding the 
     assistance of defense counsel;
       ``(B) require excessive bail, impose an excessive fine, 
     inflict a cruel or unusual punishment, or impose for 
     conviction of a single offense any penalty or punishment 
     greater than imprisonment for a term of 3 years or a fine of 
     $15,000, or both; or
       ``(C) deny any person in such a criminal proceeding the due 
     process of law.
       ``(2) Authority.--An Indian tribe exercising authority 
     pursuant to this subsection shall require that each judge 
     presiding over an applicable criminal case is licensed to 
     practice law in any jurisdiction in the United States.
       ``(3) Sentences.--A tribal court acting pursuant to 
     paragraph (1) may require a convicted offender--
       ``(A) to serve the sentence--
       ``(i) in a tribal correctional center that has been 
     approved by the Bureau of Indian Affairs for long-term 
     incarceration, in accordance with guidelines developed by the 
     Bureau of Indian Affairs, in consultation with Indian tribes;
       ``(ii) in the nearest appropriate Federal facility, at the 
     expense of the United States pursuant to a memorandum of 
     agreement with Bureau of Prisons in accordance with paragraph 
     (4);
       ``(iii) in a State or local government-approved detention 
     or correctional center pursuant to an agreement between the 
     Indian tribe and the State or local government; or
       ``(iv) subject to paragraph (1), in an alternative 
     rehabilitation center of an Indian tribe; or
       ``(B) to serve another alternative form of punishment, as 
     determined by the tribal court judge pursuant to tribal law.
       ``(4) Memoranda of agreement.--A memorandum of agreement 
     between an Indian tribe and the Bureau of Prisons under 
     paragraph (2)(A)(ii)--
       ``(A) shall acknowledge that the United States will incur 
     all costs involved, including the costs of transfer, housing, 
     medical care, rehabilitation, and reentry of transferred 
     prisoners;
       ``(B) shall limit the transfer of prisoners to prisoners 
     convicted in tribal court of violent crimes, crimes involving 
     sexual abuse, and serious drug offenses, as determined by the 
     Bureau of Prisons, in consultation with tribal governments, 
     by regulation;
       ``(C) shall not affect the jurisdiction, power of self-
     government, or any other authority of an Indian tribe over 
     the territory or members of the Indian tribe;
       ``(D) shall contain such other requirements as the Bureau 
     of Prisons, in consultation with the Bureau of Indian Affairs 
     and tribal governments, may determine, by regulation; and
       ``(E) shall be executed and carried out not later than 180 
     days after the date on which the applicable Indian tribe 
     first contacts the Bureau of Prisons to accept a transfer of 
     a tribal court offender pursuant to this subsection.

[[Page S7163]]

       ``(c) Effect of Section.--Nothing in this section affects 
     the obligation of the United States, or any State government 
     that has been delegated authority by the United States, to 
     investigate and prosecute any criminal violation in Indian 
     country.''.

     SEC. 305. INDIAN LAW AND ORDER COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the Indian Law and Order Commission (referred to in 
     this section as the ``Commission'').
       (b) Membership.--
       (1) In general.--The Commission shall be composed of 9 
     members, of whom--
       (A) 3 shall be appointed by the President, in consultation 
     with--
       (i) the Attorney General; and
       (ii) the Secretary of the Interior;
       (B) 2 shall be appointed by the Majority Leader of the 
     Senate, in consultation with the Chairperson of the Committee 
     on Indian Affairs of the Senate;
       (C) 1 shall be appointed by the Minority Leader of the 
     Senate, in consultation with the Vice Chairperson of the 
     Committee on Indian Affairs of the Senate;
       (D) 2 shall be appointed by the Speaker of the House of 
     Representatives, in consultation with the Chairperson of the 
     Committee on Natural Resources of the House of 
     Representatives; and
       (E) 1 shall be appointed by the Minority Leader of the 
     House of Representatives, in consultation with the Ranking 
     Member of the Committee on Natural Resources of the House of 
     Representatives.
       (2) Requirements for eligibility.--Each member of the 
     Commission shall have significant experience and expertise 
     in--
       (A) the Indian country criminal justice system; and
       (B) matters to be studied by the Commission.
       (3) Consultation required.--The President, the Speaker and 
     Minority Leader of the House of Representatives, and the 
     Majority Leader and Minority Leader of the Senate shall 
     consult before the appointment of members of the Commission 
     under paragraph (1) to achieve, to the maximum extent 
     practicable, fair and equitable representation of various 
     points of view with respect to the matters to be studied by 
     the Commission.
       (4) Term.--Each member shall be appointed for the life of 
     the Commission.
       (5) Time for initial appointments.--The appointment of the 
     members of the Commission shall be made not later than 60 
     days after the date of enactment of this Act.
       (6) Vacancies.--A vacancy in the Commission shall be 
     filled--
       (A) in the same manner in which the original appointment 
     was made; and
       (B) not later than 60 days after the date on which the 
     vacancy occurred.
       (c) Operation.--
       (1) Chairperson.--Not later than 15 days after the date on 
     which all members of the Commission have been appointed, the 
     Commission shall select 1 member to serve as Chairperson of 
     the Commission.
       (2) Meetings.--
       (A) In general.--The Commission shall meet at the call of 
     the Chairperson.
       (B) Initial meeting.--The initial meeting shall take place 
     not later than 30 days after the date described in paragraph 
     (1).
       (3) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (4) Rules.--The Commission may establish, by majority vote, 
     any rules for the conduct of Commission business, in 
     accordance with this Act and other applicable law.
       (d) Comprehensive Study of Criminal Justice System Relating 
     to Indian Country.--The Commission shall conduct a 
     comprehensive study of law enforcement and criminal justice 
     in tribal communities, including--
       (1) jurisdiction over crimes committed in Indian country 
     and the impact of that jurisdiction on--
       (A) the investigation and prosecution of Indian country 
     crimes; and
       (B) residents of Indian land;
       (2) the tribal jail and Federal prisons systems and the 
     effect of those systems with respect to--
       (A) reducing Indian country crime; and
       (B) rehabilitation of offenders;
       (3) the impact of the Indian Civil Rights Act of 1968 (25 
     U.S.C. 1301 et seq.) on--
       (A) the authority of Indian tribes; and
       (B) the rights of defendants subject to tribal government 
     authority; and
       (4) a study of such other subjects as the Commission 
     determines relevant to achieve the purposes of the Tribal Law 
     and Order Act of 2008.
       (e) Recommendations.--Taking into consideration the results 
     of the study under paragraph (1), the Commission shall 
     develop recommendations on necessary modifications and 
     improvements to justice systems at the tribal, Federal, and 
     State levels, including consideration of--
       (1) simplifying jurisdiction in Indian country;
       (2) enhancing the penal authority of tribal courts and 
     exploring alternatives to incarceration;
       (3) the establishment of satellite United States magistrate 
     or district courts in Indian country;
       (4) changes to the tribal jails and Federal prison systems; 
     and
       (5) other issues that, as determined by the Commission, 
     would reduce violent crime in Indian country.
       (f) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Commission shall submit to the 
     President and Congress a report that contains--
       (1) a detailed statement of the findings and conclusions of 
     the Commission; and
       (2) the recommendations of the Commission for such 
     legislative and administrative actions as the Commission 
     considers to be appropriate.
       (g) Powers.--
       (1) Hearings.--
       (A) In general.--The Commission may hold such hearings, 
     meet and act at such times and places, take such testimony, 
     and receive such evidence as the Commission considers to be 
     advisable to carry out the duties of the Commission under 
     this section.
       (B) Public requirement.--The hearings of the Commission 
     under this paragraph shall be open to the public.
       (2) Witness expenses.--
       (A) In general.--A witness requested to appear before the 
     Commission shall be paid the same fees as are paid to 
     witnesses under section 1821 of title 28, United States Code.
       (B) Per diem and mileage.--The per diem and mileage 
     allowance for a witness shall be paid from funds made 
     available to the Commission.
       (3) Information from federal, tribal, and state agencies.--
       (A) In general.--The Commission may secure directly from a 
     Federal agency such information as the Commission considers 
     to be necessary to carry out this section.
       (B) Tribal and state agencies.--The Commission may request 
     the head of any tribal or State agency to provide to the 
     Commission such information as the Commission considers to be 
     necessary to carry out this section.
       (4) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       (5) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (h) Commission Personnel Matters.--
       (1) Travel expenses.--A member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the 
     Commission.
       (2) Detail of federal employees.--On the affirmative vote 
     of \2/3\ of the members of the Commission and the approval of 
     the appropriate Federal agency head, an employee of the 
     Federal Government may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status, benefits, or privileges.
       (3) Procurement of temporary and intermittent services.--On 
     request of the Commission, the Attorney General and Secretary 
     shall provide to the Commission reasonable and appropriate 
     office space, supplies, and administrative assistance.
       (i) Contracts for Research.--
       (1) Researchers and experts.--
       (A) In general.--On an affirmative vote of \2/3\ of the 
     members of the Commission, the Commission may select 
     nongovernmental researchers and experts to assist the 
     Commission in carrying out the duties of the Commission under 
     this section.
       (B) National institute of justice.--The National Institute 
     of Justice may enter into a contract with the researchers and 
     experts selected by the Commission under subparagraph (A) to 
     provide funding in exchange for the services of the 
     researchers and experts.
       (2) Other organizations.--Nothing in this subsection limits 
     the ability of the Commission to enter into contracts with 
     any other entity or organization to carry out research 
     necessary to carry out the duties of the Commission under 
     this section.
       (j) Tribal Advisory Committee.--
       (1) Establishment.--The Commission shall establish a 
     committee, to be known as the ``Tribal Advisory Committee''.
       (2) Membership.--
       (A) Composition.--The Tribal Advisory Committee shall 
     consist of 2 representatives of Indian tribes from each 
     region of the Bureau of Indian Affairs.
       (B) Qualifications.--Each member of the Tribal Advisory 
     Committee shall have experience relating to--
       (i) justice systems;
       (ii) crime prevention; or
       (iii) victim services.
       (3) Duties.--The Tribal Advisory Committee shall--
       (A) serve as an advisory body to the Commission; and
       (B) provide to the Commission advice and recommendations, 
     submit materials, documents, testimony, and such other 
     information as the Commission determines to be necessary to 
     carry out the duties of the Commission under this section.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section, to remain available until expended.
       (l) Termination of Commission.--The Commission shall 
     terminate 90 days after the date on which the Commission 
     submits the report of the Commission under subsection (c)(3).
       (m) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the 
     Commission.

[[Page S7164]]

                    TITLE IV--TRIBAL JUSTICE SYSTEMS

     SEC. 401. INDIAN ALCOHOL AND SUBSTANCE ABUSE.

       (a) Correction of References.--
       (1) Inter-departmental memorandum of agreement.--Section 
     4205 of the Indian Alcohol and Substance Abuse Prevention and 
     Treatment Act of 1986 (25 U.S.C. 2411) is amended--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1)--

       (I) by striking ``the date of enactment of this subtitle'' 
     and inserting ``the date of enactment of the Tribal Law and 
     Order Act of 2008''; and
       (II) by inserting ``, the Attorney General,'' after 
     ``Secretary of the Interior'';

       (ii) in paragraph (2)(A), by inserting ``, Bureau of 
     Justice Assistance, Substance Abuse and Mental Health 
     Services Administration,'' after ``Bureau of Indian 
     Affairs,'';
       (iii) in paragraph (4), by inserting ``, Department of 
     Justice, Substance Abuse and Mental Health Services 
     Administration,'' after ``Bureau of Indian Affairs'';
       (iv) in paragraph (5), by inserting ``, Department of 
     Justice, Substance Abuse and Mental Health Services 
     Administration,'' after ``Bureau of Indian Affairs'';
       (v) in paragraph (7), by inserting ``, the Attorney 
     General,'' after ``Secretary of the Interior'';
       (B) in subsection (c), by inserting ``, the Attorney 
     General,'' after ``Secretary of the Interior''; and
       (C) in subsection (d), by striking ``the date of enactment 
     of this subtitle'' and inserting ``the date of enactment of 
     the Tribal Law and Order Act of 2008''.
       (2) Tribal action plans.--Section 4206 of the Indian 
     Alcohol and Substance Abuse Prevention and Treatment Act of 
     1986 (25 U.S.C. 2412) is amended--
       (A) in subsection (b), in the first sentence, by inserting 
     ``, the Bureau of Justice Assistance, the Substance Abuse and 
     Mental Health Services Administration,'' before ``and the 
     Indian Health Service service unit'';
       (B) in subsection (c)(1)(A)(i), by inserting ``, the Bureau 
     of Justice Assistance, the Substance Abuse and Mental Health 
     Services Administration,'' before ``and the Indian Health 
     Service service unit'';
       (C) in subsection (d)(2), by striking ``fiscal year 1993 
     and such sums as are necessary for each of the fiscal years 
     1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting 
     ``the period of fiscal years 2009 through 2013'';
       (D) in subsection (e), in the first sentence, by inserting 
     ``, the Attorney General,'' after ``the Secretary of the 
     Interior''; and
       (E) in subsection (f)(3), by striking ``fiscal year 1993 
     and such sums as are necessary for each of the fiscal years 
     1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting 
     ``the period of fiscal years 2009 through 2013''.
       (3) Departmental responsibility.--Section 4207 of the 
     Indian Alcohol and Substance Abuse Prevention and Treatment 
     Act of 1986 (25 U.S.C. 2413) is amended--
       (A) in subsection (a), by inserting ``, the Attorney 
     General'' after ``Bureau of Indian Affairs'';
       (B) in subsection (b)--
       (i) by striking paragraph (1) and inserting the following:
       ``(1) Establishment.--
       ``(A) In general.--To improve coordination among the 
     Federal agencies and departments carrying out this subtitle, 
     there is established within the Substance Abuse and Mental 
     Health Services Administration an office, to be known as the 
     `Office of Indian Alcohol and Substance Abuse' (referred to 
     in this section as the `Office').
       ``(B) Director.--The director of the Office shall be 
     appointed by the Director of the Substance Abuse and Mental 
     Health Services Administration--
       ``(i) on a permanent basis; and
       ``(ii) at a grade of not less than GS-15 of the General 
     Schedule.'';
       (ii) in paragraph (2)--

       (I) by striking ``(2) In addition'' and inserting the 
     following:

       ``(2) Responsibilities of office.--In addition'';

       (II) by striking subparagraph (A) and inserting the 
     following:

       ``(A) coordinating with other agencies to monitor the 
     performance and compliance of the relevant Federal programs 
     in achieving the goals and purposes of this subtitle and the 
     Memorandum of Agreement entered into under section 4205;'';

       (III) in subparagraph (B)--

       (aa) by striking ``within the Bureau of Indian Affairs''; 
     and
       (bb) by striking the period at the end and inserting ``; 
     and''; and

       (IV) by adding at the end the following:

       ``(C) not later than 1 year after the date of enactment of 
     the Tribal Law and Order Act of 2008, developing, in 
     coordination and consultation with tribal governments, a 
     framework for interagency and tribal coordination that--
       ``(i) establish the goals and other desired outcomes of 
     this Act;
       ``(ii) prioritizes outcomes that are aligned with the 
     purposes of affected agencies;
       ``(iii) provides guidelines for resource and information 
     sharing;
       ``(iv) provides technical assistance to the affected 
     agencies to establish effective and permanent interagency 
     communication and coordination; and
       ``(v) determines whether collaboration is feasible, cost-
     effective, and within agency capability.''; and
       (iii) by striking paragraph (3) and inserting the 
     following:
       ``(3) Appointment of employees.--The Director of the 
     Substance Abuse and Mental Health Services Administration 
     shall appoint such employees to work in the Office, and shall 
     provide such funding, services, and equipment, as may be 
     necessary to enable the Office to carry out the 
     responsibilities under this subsection.''; and
       (C) in subsection (c)--
       (i) by striking ``of Alcohol and Substance Abuse'' each 
     place it appears;
       (ii) in paragraph (1), in the second sentence, by striking 
     ``The Assistant Secretary of the Interior for Indian 
     Affairs'' and inserting ``The Director of the Substance Abuse 
     and Mental Health Services Administration''; and
       (iii) in paragraph (3)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``Youth'' and inserting ``youth''; and
       (II) by striking ``programs of the Bureau of Indian 
     Affairs'' and inserting ``the applicable Federal programs''.

       (4) Review of programs.--Section 4208a(a) of the Indian 
     Alcohol and Substance Abuse Prevention and Treatment Act of 
     1986 (25 U.S.C. 2414a(a)) is amended in the matter preceding 
     paragraph (1) by inserting ``, the Attorney General,'' after 
     ``the Secretary of the Interior''.
       (5) Federal facilities, property, and equipment.--Section 
     4209 of the Indian Alcohol and Substance Abuse Prevention and 
     Treatment Act of 1986 (25 U.S.C. 2415) is amended--
       (A) in subsection (a), by inserting ``, the Attorney 
     General,'' after ``the Secretary of the Interior'';
       (B) in subsection (b)--
       (i) in the first sentence, by inserting ``, the Attorney 
     General,'' after ``the Secretary of the Interior'';
       (ii) in the second sentence, by inserting ``, nor the 
     Attorney General,'' after ``the Secretary of the Interior''; 
     and
       (iii) in the third sentence, by inserting ``, the 
     Department of Justice,'' after ``the Department of the 
     Interior''; and
       (C) in subsection (c)(1), by inserting ``, the Attorney 
     General,'' after ``the Secretary of the Interior''.
       (6) Newsletter.--Section 4210 of the Indian Alcohol and 
     Substance Abuse Prevention and Treatment Act of 1986 (25 
     U.S.C. 2416) is amended--
       (A) in subsection (a), in the first sentence, by inserting 
     ``, the Attorney General,'' after ``the Secretary of the 
     Interior''; and
       (B) in subsection (b), by striking ``fiscal year 1993 and 
     such sums as may be necessary for each of the fiscal years 
     1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting 
     ``the period of fiscal years 2009 through 2013''.
       (7) Review.--Section 4211(a) of the Indian Alcohol and 
     Substance Abuse Prevention and Treatment Act of 1986 (25 
     U.S.C. 2431(a)) is amended in the matter preceding paragraph 
     (1) by inserting ``, the Attorney General,'' after ``the 
     Secretary of the Interior''.
       (b) Indian Education Programs.--Section 4212 of the Indian 
     Alcohol and Substance Abuse Prevention Act of 1986 (25 U.S.C. 
     2432) is amended by striking subsection (a) and inserting the 
     following:
       ``(a) Pilot Programs.--
       ``(1) In general.--The Assistant Secretary for Indian 
     Affairs shall develop and implement pilot programs in 
     selected schools funded by the Bureau of Indian Affairs 
     (subject to the approval of the local school board or 
     contract school board) to determine the effectiveness of 
     summer youth programs in advancing the purposes and goals of 
     this Act.
       ``(2) Costs.--The Assistant Secretary shall defray all 
     costs associated with the actual operation and support of the 
     pilot program in a school from funds appropriated to carry 
     out this subsection.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out the pilot programs 
     under this subsection such sums as are necessary for each of 
     fiscal years 2009 through 2013.''.
       (c) Emergency Shelters.--Section 4213(e) of the Indian 
     Alcohol and Substance Abuse Prevention and Treatment Act of 
     1986 (25 U.S.C. 2433(e)) is amended--
       (1) in paragraph (1), by striking ``as may be necessary'' 
     and all that follows through the end of the paragraph and 
     inserting ``as are necessary for each of fiscal years 2009 
     through 2013.'';
       (2) in paragraph (2), by striking ``$7,000,000'' and all 
     that follows through the end of the paragraph and inserting 
     ``$10,000,000 for each of fiscal years 2009 through 2013.''; 
     and
       (3) by indenting paragraphs (4) and (5) appropriately.
       (d) Review of Programs.--Section 4215(a) of the Indian 
     Alcohol and Substance Abuse Prevention and Treatment Act of 
     1986 (25 U.S.C. 2441(a)) is amended by inserting ``, the 
     Attorney General,'' after ``the Secretary of the Interior''.
       (e) Illegal Narcotics Trafficking; Source Eradication.--
     Section 4216 of the Indian Alcohol and Substance Abuse 
     Prevention and Treatment Act of 1986 (25 U.S.C. 2442) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking the comma at the end 
     and inserting a semicolon;
       (ii) in subparagraph (B), by striking ``, and'' at the end 
     and inserting a semicolon;
       (iii) in subparagraph (C), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following:

[[Page S7165]]

       ``(D) the Blackfeet Nation of Montana for the investigation 
     and control of illegal narcotics traffic on the Blackfeet 
     Indian Reservation along the border with Canada.'';
       (B) in paragraph (2), by striking ``United States Custom 
     Service'' and inserting ``United States Customs and Border 
     Protection''; and
       (C) by striking paragraph (3) and inserting the following:
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as are necessary for each of fiscal years 2009 
     through 2013.''; and
       (2) in subsection (b)(2), by striking ``as may be 
     necessary'' and all that follows through the end of the 
     paragraph and inserting ``as are necessary for each of fiscal 
     years 2009 through 2013.''.
       (f) Law Enforcement and Judicial Training.--Section 4218 of 
     the Indian Alcohol and Substance Abuse Prevention and 
     Treatment Act of 1986 (25 U.S.C. 2451) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Training Programs.--
       ``(1) In general.--The Secretary of the Interior, in 
     coordination with the Attorney General, the Administrator of 
     the Drug Enforcement Administration, and the Director of the 
     Federal Bureau of Investigation, shall ensure, through the 
     establishment of a new training program or by supplementing 
     existing training programs, that all Bureau of Indian Affairs 
     and tribal law enforcement and judicial personnel have access 
     to training regarding--
       ``(A) the investigation and prosecution of offenses 
     relating to illegal narcotics; and
       ``(B) alcohol and substance abuse prevention and treatment.
       ``(2) Youth-related training.--Any training provided to 
     Bureau of Indian Affairs or tribal law enforcement or 
     judicial personnel under paragraph (1) shall include training 
     in issues relating to youth alcohol and substance abuse 
     prevention and treatment.''; and
       (2) in subsection (b), by striking ``as may be necessary'' 
     and all that follows through the end of the subsection and 
     inserting ``as are necessary for each of fiscal years 2009 
     through 2013.''.
       (g) Juvenile Detention Centers.--Section 4220(b) of the 
     Indian Alcohol and Substance Abuse Prevention and Treatment 
     Act of 1986 (25 U.S.C. 2453(b)) is amended--
       (1) by striking ``such sums as may be necessary for each of 
     the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 
     2000'' each place it appears and inserting ``such sums as are 
     necessary for each of fiscal years 2009 through 2013''; and
       (2) by indenting paragraph (2) appropriately.

     SEC. 402. INDIAN TRIBAL JUSTICE; TECHNICAL AND LEGAL 
                   ASSISTANCE.

       (a) Indian Tribal Justice.--Section 201 of the Indian 
     Tribal Justice Act (25 U.S.C. 3621) is amended--
       (1) in subsection (a)--
       (A) by striking ``the provisions of sections 101 and 102 of 
     this Act'' and inserting ``sections 101 and 102''; and
       (B) by striking ``the fiscal years 2000 through 2007'' and 
     inserting ``fiscal years 2009 through 2013'';
       (2) in subsection (b)--
       (A) by striking ``the provisions of section 103 of this 
     Act'' and inserting ``section 103''; and
       (B) by striking ``the fiscal years 2000 through 2007'' and 
     inserting ``fiscal years 2009 through 2013'';
       (3) in subsection (c), by striking ``the fiscal years 2000 
     through 2007'' and inserting ``fiscal years 2009 through 
     2013''; and
       (4) in subsection (d), by striking ``the fiscal years 2000 
     through 2007'' and inserting ``fiscal years 2009 through 
     2013''.
       (b) Technical and Legal Assistance.--The Indian Tribal 
     Justice Technical and Legal Assistance Act of 2000 is 
     amended--
       (1) in section 106 (25 U.S.C. 3666), by striking ``2000 
     through 2004'' and inserting ``2009 through 2013''; and
       (2) in section 201(d) (25 U.S.C. 3681(d)), by striking 
     ``2000 through 2004'' and inserting ``2009 through 2013''.

     SEC. 403. TRIBAL RESOURCES GRANT PROGRAM.

       Section 1701 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3796dd) is amended--
       (1) in subsection (b)--
       (A) in each of paragraphs (1) through (4) and (6) through 
     (17), by inserting ``to'' after the paragraph designation;
       (B) in paragraph (1), by striking ``State and'' and 
     inserting ``State, tribal, or'';
       (C) in paragraphs (9) and (10), by inserting ``, tribal,'' 
     after ``State'' each place it appears;
       (D) in paragraph (15)--
       (i) by striking ``a State in'' and inserting ``a State or 
     Indian tribe in'';
       (ii) by striking ``the State which'' and inserting ``the 
     State or tribal community that''; and
       (iii) by striking ``a State or'' and inserting ``a State, 
     tribal, or'';
       (E) in paragraph (16), by striking ``and'' at the end
       (F) in paragraph (17), by striking the period at the end 
     and inserting ``; and'';
       (G) by redesignating paragraphs (6) through (17) as 
     paragraphs (5) through (16), respectively; and
       (H) by adding at the end the following:
       ``(17) to permit tribal governments receiving direct law 
     enforcement services from the Bureau of Indian Affairs to 
     access the program under this section on behalf of the Bureau 
     for use in accordance with paragraphs (1) through (16).''.
       (2) in subsection (g)--
       (A) by striking ``The portion'' and inserting the 
     following:
       ``(1) In general.--The portion'';
       (B) in the second sentence, by striking ``In relation'' and 
     inserting the following:
       ``(2) Certain grants.--In relation''; and
       (C) by adding at the end the following:
       ``(3) Waiver.--In acknowledgment of the Federal nexus and 
     distinct Federal responsibility to address and prevent crime 
     in Indian country, for purposes of providing grants to Indian 
     tribes under this subsection, the Attorney General shall 
     waive the matching funds requirement of this subsection if 
     the Attorney General determines that there is a demonstrated 
     financial hardship.
       ``(4) Use of certain funds.--In addition to providing a 
     waiver under paragraph (3), the Attorney General shall allow 
     the use of funds appropriated for any agency of an Indian 
     tribal government or the Bureau of Indian Affairs to carry 
     out law enforcement activities on Indian land to provide the 
     non-Federal share of the cost of a program or project under 
     this section.'';
       (3) in subsection (i), by striking ``The authority'' and 
     inserting ``Except as provided in subsection (j), the 
     authority''; and
       (4) by adding at the end the following:
       ``(j) Extension of Program for Indian Tribes.--
       ``(1) In general.--Notwithstanding subsection (i) and 
     section 1703, and in acknowledgment of the Federal nexus and 
     distinct Federal responsibility to address and prevent crime 
     in Indian country, the Attorney General may provide grants 
     under this section to Indian tribal governments, for fiscal 
     year 2009 and any fiscal year thereafter, for such period as 
     the Attorney General determines to be appropriate to assist 
     the Indian tribal governments in carrying out the purposes 
     described in subsection (b).
       ``(2) Priority of funding.--In providing grants to Indian 
     tribal governments under this subsection, the Attorney 
     General shall take into consideration reservation crime rates 
     and tribal law enforcement staffing needs of each Indian 
     tribal government.
       ``(3) 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.
       ``(k) Report.--Not later than 180 days after the date of 
     enactment of this subsection, the Attorney General shall 
     submit to Congress a report describing the extent and 
     effectiveness of the Community Oriented Policing (COPS) 
     initiative as applied in Indian country, including particular 
     references to--
       ``(1) the problem of intermittent funding;
       ``(2) the integration of COPS personnel with existing law 
     enforcement authorities; and
       ``(3) an explanation of how the practice of community 
     policing and the broken windows theory can most effectively 
     be applied in remote tribal locations.''.

     SEC. 404. TRIBAL JAILS PROGRAM.

       (a) In General.--Section 20109 of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended 
     by striking subsection (a) and inserting the following:
       ``(a) Reservation of Funds.--Notwithstanding any other 
     provision of this part, of amounts made available to the 
     Attorney General to carry out programs relating to offender 
     incarceration, the Attorney General shall reserve $35,000,000 
     for each of fiscal years 2009 through 2013 to carry out this 
     section.''.
       (b) Regional Detention Centers.--
       (1) In general.--Section 20109 of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended 
     by striking subsection (b) and inserting the following:
       ``(b) Grants to Indian Tribes.--
       ``(1) In general.--From the amounts reserved under 
     subsection (a), the Attorney General shall provide grants--
       ``(A) to Indian tribes for purposes of--
       ``(i) construction and maintenance of jails on Indian land 
     for the incarceration of offenders subject to tribal 
     jurisdiction;
       ``(ii) entering into contracts with private entities to 
     increase the efficiency of the construction of tribal jails; 
     and
       ``(iii) developing and implementing alternatives to 
     incarceration in tribal jails; and
       ``(B) to consortia of Indian tribes for purposes of 
     constructing and operating regional detention centers on 
     Indian land for long-term incarceration of offenders subject 
     to tribal jurisdiction, as the applicable consortium 
     determines to be appropriate.
       ``(2) Priority of funding.--in providing grants under this 
     subsection, the Attorney General shall take into 
     consideration applicable--
       ``(A) reservation crime rates;
       ``(B) annual tribal court convictions; and
       ``(C) bed space needs.''.
       (2) Conforming amendment.--Section 20109(c) of the Violent 
     Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
     13709(c)) is amended by inserting ``or consortium of Indian 
     tribes, as applicable,'' after ``Indian tribe''.
       (3) Long-term plan.--Section 20109 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is 
     amended by adding at the end the following:

[[Page S7166]]

       ``(d) Long-Term Plan.--Not later than 1 year after the date 
     of enactment of this subsection, the Attorney General, in 
     coordination with the Bureau of Indian Affairs and in 
     consultation with tribal leaders, tribal law enforcement 
     officers, and tribal corrections officials, shall submit to 
     Congress a long-term plan to address incarceration in Indian 
     country, including a description of--
       ``(1) proposed activities for construction of detention 
     facilities (including regional facilities) on Indian land;
       ``(2) proposed activities for construction of additional 
     Federal detention facilities on Indian land;
       ``(3) proposed activities for contracting with State and 
     local detention centers, with tribal government approval;
       ``(4) proposed alternatives to incarceration, developed in 
     cooperation with tribal court systems; and
       ``(5) such other alternatives as the Attorney General, in 
     coordination with the Bureau of Indian Affairs and in 
     consultation with Indian tribes, determines to be 
     necessary.''.

     SEC. 405. TRIBAL PROBATION OFFICE LIAISON PROGRAM.

       Title II of the Indian Tribal Justice Technical and Legal 
     Assistance Act of 2000 (25 U.S.C. 3681 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 203. ASSISTANT PAROLE AND PROBATION OFFICERS.

       ``To the maximum extent practicable, the Director of the 
     Administrative Office of the United States Courts shall 
     appoint individuals residing in Indian country to serve as 
     assistant parole or probation officers for purposes of 
     monitoring and providing service to Federal prisoners 
     residing in Indian country.''.

     SEC. 406. TRIBAL YOUTH PROGRAM.

       (a) Incentive Grants for Local Delinquency Prevention 
     Programs.--
       (1) In general.--Section 504 of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5783) is 
     amended--
       (A) in subsection (a), by inserting ``, or to Indian tribes 
     under subsection (d)'' after ``subsection (b)''; and
       (B) by adding at the end the following:
       ``(d) Grants for Tribal Delinquency Prevention Programs.--
       ``(1) In general.--The Administrator shall make grants 
     under this section, on a competitive basis, to eligible 
     Indian tribes or consortia of Indian tribes, as described in 
     paragraph (2)--
       ``(A) to support and enhance tribal juvenile justice 
     systems; and
       ``(B) to encourage accountability of Indian tribal 
     governments with respect to juvenile delinquency responses 
     and prevention.
       ``(2) Eligible indian tribes.--To be eligible to receive a 
     grant under this subsection, an Indian tribe or consortium of 
     Indian tribes shall submit to the Administrator an 
     application in such form and containing such information as 
     the Administrator may require.
       ``(3) Priority of funding.--In providing grants under this 
     subsection, the Administrator shall take into consideration, 
     with respect to the reservation communities to be served--
       ``(A) juvenile crime rates;
       ``(B) dropout rates; and
       ``(C) percentages of at-risk youth.''.
       (2) Authorization of appropriations.--Section 505 of the 
     Juvenile Justice and Delinquency Prevention Act of 1974 (42 
     U.S.C. 5784) is amended by striking ``fiscal years 2004, 
     2005, 2006, 2007, and 2008'' and inserting ``each of fiscal 
     years 2009 through 2013''.
       (b) Coordinating Council on Juvenile Justice and 
     Delinquency Prevention.--Section 206(a)(2) of the Juvenile 
     Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
     5616(a)(2)) is amended--
       (1) in subparagraph (A), by striking ``Nine'' and inserting 
     ``Ten''; and
       (2) in subparagraph (B), by adding at the end the 
     following:
       ``(iv) One member shall be appointed by the Chairman of the 
     Committee on Indian Affairs of the Senate, in consultation 
     with the Vice Chairman of that Committee.''.

                   TITLE V--INDIAN COUNTRY CRIME DATA

     SEC. 501. TRACKING OF CRIMES COMMITTED IN INDIAN COUNTRY.

       (a) Gang Violence.--Section 1107 of the Violence Against 
     Women and Department of Justice Reauthorization Act of 2005 
     (28 U.S.C. 534 note; Public Law 109-162) is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (8) through (12) as 
     paragraphs (9) through (13), respectively;
       (B) by inserting after paragraph (7) the following:
       ``(8) the Office of Justice Services of the Bureau of 
     Indian Affairs;'';
       (C) in paragraph (9) (as redesignated by subparagraph (A)), 
     by striking ``State'' and inserting ``tribal, State,''; and
       (D) in paragraphs (10) through (12) (as redesignated by 
     subparagraph (A)), by inserting ``tribal,'' before ``State,'' 
     each place it appears; and
       (2) in subsection (b), by inserting ``tribal,'' before 
     ``State,'' each place it appears.
       (b) Bureau of Justice Statistics.--Section 302 of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3732) is amended--
       (1) in subsection (c)--
       (A) in paragraph (1), by inserting ``, Indian tribes,'' 
     after ``contracts with'';
       (B) in each of paragraphs (3) through (6), by inserting 
     ``tribal,'' after ``State,'' each place it appears;
       (C) in paragraph (7), by inserting ``and in Indian 
     country'' after ``States'';
       (D) in paragraph (9), by striking ``Federal and State 
     Governments'' and inserting ``Federal Government and State 
     and tribal governments'';
       (E) in each of paragraphs (10) and (11), by inserting ``, 
     tribal,'' after ``State'' each place it appears;
       (F) in paragraph (13), by inserting ``, Indian tribes,'' 
     after ``States'';
       (G) in paragraph (17)--
       (i) by striking ``State and local'' and inserting ``State, 
     tribal, and local''; and
       (ii) by striking ``State, and local'' and inserting 
     ``State, tribal, and local'';
       (H) in paragraph (18), by striking ``State and local'' and 
     inserting ``State, tribal, and local'';
       (I) in paragraph (19), by inserting ``and tribal'' after 
     ``State'' each place it appears;
       (J) in paragraph (20), by inserting ``, tribal,'' after 
     ``State''; and
       (K) in paragraph (22), by inserting ``, tribal,'' after 
     ``Federal'';
       (2) in subsection (d)--
       (A) by redesignating paragraphs (1) through (6) as 
     subparagraphs (A) through (F), respectively, and indenting 
     the subparagraphs appropriately;
       (B) by striking ``To insure'' and inserting the following:
       ``(1) In general.--To ensure''; and
       (C) by adding at the end the following:
       ``(2) Consultation with indian tribes.--The Director, 
     acting jointly with the Assistant Secretary for Indian 
     Affairs (acting through the Director of the Office of Law 
     Enforcement Services) and the Director of the Federal Bureau 
     of Investigation, shall work with Indian tribes and tribal 
     law enforcement agencies to establish and implement such 
     tribal data collection systems as the Director determines to 
     be necessary to achieve the purposes of this section.'';
       (3) in subsection (e), by striking ``subsection (d)(3)'' 
     and inserting ``subsection (d)(1)(C)'';
       (4) in subsection (f)--
       (A) in the subsection heading, by inserting ``, Tribal,'' 
     after ``State''; and
       (B) by inserting ``, tribal,'' after ``State''; and
       (5) by adding at the end the following:
       ``(g) Report to Congress on Crimes in Indian Country.--Not 
     later than 1 year after the date of enactment of this 
     subsection, and annually thereafter, the Director shall 
     submit to Congress a report describing the data collected and 
     analyzed under this section relating to crimes in Indian 
     country.''.

     SEC. 502. GRANTS TO IMPROVE TRIBAL DATA COLLECTION SYSTEMS.

       Section 3 of the Indian Law Enforcement Reform Act (25 
     U.S.C. 2802) is amended by adding at the end the following:
       ``(f) Grants to Improve Tribal Data Collection Systems.--
       ``(1) Grant program.--The Secretary, acting through the 
     Director of the Office of Justice Services of the Bureau and 
     in coordination with the Attorney General, shall establish a 
     program under which the Secretary shall provide grants to 
     Indian tribes for activities to ensure uniformity in the 
     collection and analysis of data relating to crime in Indian 
     country.
       ``(2) Regulations.--The Secretary, acting through the 
     Director of the Office of Justice Services of the Bureau, in 
     consultation with tribal governments and tribal justice 
     officials, shall promulgate such regulations as are necessary 
     to carry out the grant program under this subsection.''.

     SEC. 503. CRIMINAL HISTORY RECORD IMPROVEMENT PROGRAM.

       Section 1301(a) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796h(a)) is amended by 
     inserting ``, tribal,'' after ``State''.

    TITLE VI--DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROSECUTION AND 
                               PREVENTION

     SEC. 601. PRISONER RELEASE AND REENTRY.

       Section 4042 of title 18, United States Code, is amended--
       (1) in subsection (a)(4), by inserting ``, tribal,'' after 
     ``State'';
       (2) in subsection (b)(1), in the first sentence, by 
     striking ``officer of the State and of the local 
     jurisdiction'' and inserting ``officers of each State, 
     tribal, and local jurisdiction''; and
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``officer of the State 
     and of the local jurisdiction'' and inserting ``officers of 
     each State, tribal, and local jurisdiction''; and
       (ii) in subparagraph (B), by inserting ``, tribal,'' after 
     ``State'' each place it appears; and
       (B) in paragraph (2)--
       (i) by striking ``(2) Notice'' and inserting the following:
       ``(2) Requirements.--
       ``(A) In general.--A notice'';
       (ii) in the second sentence, by striking ``For a person who 
     is released'' and inserting the following:
       ``(B) Released persons.--For a person who is released'';
       (iii) in the third sentence, by striking ``For a person who 
     is sentenced'' and inserting the following:
       ``(C) Persons on probation.--For a person who is 
     sentenced'';
       (iv) in the fourth sentence, by striking ``Notice 
     concerning'' and inserting the following:

[[Page S7167]]

       ``(D) Released persons required to register.--
       ``(i) In general.--A notice concerning''; and
       (v) in subparagraph (D) (as designated by clause (iv)), by 
     adding at the end the following:
       ``(ii) Persons residing in indian country.--For a person 
     described in paragraph (3) the expected place of residence of 
     whom is potentially located in Indian country, the Director 
     of the Bureau of Prisons or the Director of the 
     Administrative Office of the United States Courts, as 
     appropriate, shall--

       ``(I) make all reasonable and necessary efforts to 
     determine whether the residence of the person is located in 
     Indian country; and
       ``(II) ensure that the person is registered with the law 
     enforcement office of each appropriate jurisdiction before 
     release from Federal custody.''.

     SEC. 602. DOMESTIC AND SEXUAL VIOLENT OFFENSE TRAINING.

       Section 3(c)(9) of the Indian Law Enforcement Reform Act 
     (25 U.S.C. 2802(c)(9)) (as amended by section 101(a)(2)) is 
     amended by inserting before the semicolon at the end the 
     following: ``, including training to properly interview 
     victims of domestic and sexual violence and to collect, 
     preserve, and present evidence to Federal and tribal 
     prosecutors to increase the conviction rate for domestic and 
     sexual violence offenses for purposes of addressing and 
     preventing domestic and sexual violent offenses''.

     SEC. 603. TESTIMONY BY FEDERAL EMPLOYEES IN CASES OF RAPE AND 
                   SEXUAL ASSAULT.

       The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 11. TESTIMONY BY FEDERAL EMPLOYEES IN CASES OF RAPE 
                   AND SEXUAL ASSAULT.

       ``(a) Approval of Employee Testimony.--The Director of the 
     Office of Justice Services or the Director of the Indian 
     Health Service, as appropriate (referred to in this section 
     as the `Director concerned'), shall approve or disapprove, in 
     writing, any request or subpoena for a law enforcement 
     officer, sexual assault nurse examiner, or other employee 
     under the supervision of the Director concerned to provide 
     testimony in a deposition, trial, or other similar proceeding 
     regarding information obtained in carrying out the official 
     duties of the employee.
       ``(b) Requirement.--The Director concerned shall approve a 
     request or subpoena under subsection (a) if the request or 
     subpoena does not violate the policy of the Department of the 
     Interior to maintain strict impartiality with respect to 
     private causes of action.
       ``(c) Treatment.--If the Director concerned fails to 
     approve or disapprove a request or subpoena by the date that 
     is 30 days after the date of receipt of the request or 
     subpoena, the request or subpoena shall be considered to be 
     approved for purposes of this section.''.

     SEC. 604. COORDINATION OF FEDERAL AGENCIES.

       The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et 
     seq.) (as amended by section 603) is amended by adding at the 
     end the following:

     ``SEC. 12. COORDINATION OF FEDERAL AGENCIES.

       ``(a) In General.--The Secretary, in coordination with the 
     Attorney General, Federal and tribal law enforcement 
     agencies, the Indian Health Service, and domestic violence or 
     sexual assault victim organizations, shall develop 
     appropriate victim services and victim advocate training 
     programs--
       ``(1) to improve domestic violence or sexual abuse 
     responses;
       ``(2) to improve forensic examinations and collection;
       ``(3) to identify problems or obstacles in the prosecution 
     of domestic violence or sexual abuse; and
       ``(4) to meet other needs or carry out other activities 
     required to prevent, treat, and improve prosecutions of 
     domestic violence and sexual abuse.
       ``(b) Report.--Not later than 2 years after the date of 
     enactment of this section, the Secretary shall submit to the 
     Committee on Indian Affairs of the Senate and the Committee 
     on Natural Resources of the House of Representatives a report 
     that describes, with respect to the matters described in 
     subsection (a), the improvements made and needed, problems or 
     obstacles identified, and costs necessary to address the 
     problems or obstacles, and any other recommendations that the 
     Secretary determines to be appropriate.''.

     SEC. 605. SEXUAL ASSAULT PROTOCOL.

       Title VIII of the Indian Health Care Improvement Act is 
     amended by inserting after section 802 (25 U.S.C. 1672) the 
     following:

     ``SEC. 803. POLICIES AND PROTOCOL.

       ``The Director of Service, in coordination with the 
     Director of the Office on Violence Against Women of the 
     Department of Justice, in consultation with Indian Tribes and 
     Tribal Organizations, and in conference with Urban Indian 
     Organizations, shall develop standardized sexual assault 
     policies and protocol for the facilities of the Service, 
     based on similar protocol that has been established by the 
     Department of Justice.''.
                                 ______
                                 
      By Mr. GRASSLEY (for himself, Mr. Harkin, Mr. Roberts, Mr. 
        Durbin, Mr. Coleman, Mr. Bond, Mr. Brownback, Mr. Bayh, Mrs. 
        McCaskill, Ms. Klobuchar, Mr. Obama, and Mr. Lugar):
  S. 3322. A bill to provide tax relief for the victims of severe 
storms, tornados, and flooding in the Midwest, and for other purposes; 
to the Committee on Finance.
  Mr. GRASSLEY. 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. 3322

       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 ``Midwestern Disaster Tax 
     Relief Act of 2008''.

     SEC. 2. TEMPORARY TAX RELIEF FOR AREAS DAMAGED BY 2008 
                   MIDWESTERN SEVERE STORMS, TORNADOS, AND 
                   FLOODING.

       (a) In General.--Subject to the modifications described in 
     this section, the following provisions of or relating to the 
     Internal Revenue Code of 1986 shall apply to any Midwestern 
     disaster area in addition to the areas to which such 
     provisions otherwise apply:
       (1) Go zone benefits.--
       (A) Section 1400N (relating to tax benefits) other than 
     subsections (b), (i), (j), (m), and (o) thereof.
       (B) Section 1400O (relating to education tax benefits).
       (C) Section 1400P (relating to housing tax benefits).
       (D) Section 1400Q (relating to special rules for use of 
     retirement funds).
       (E) Section 1400R(a) (relating to employee retention credit 
     for employers).
       (F) Section 1400S (relating to additional tax relief) other 
     than subsection (d) thereof.
       (G) Section 1400T (relating to special rules for mortgage 
     revenue bonds).
       (2) Other benefits included in katrina emergency tax relief 
     act of 2005.--Sections 302, 303, 304, 401, and 405 of the 
     Katrina Emergency Tax Relief Act of 2005.
       (b) Use of Amended Income Tax Returns to Take Into Account 
     Receipt of Certain Casualty Loss Grants by Disallowing 
     Previously Taken Casualty Loss Deductions.--
       (1) In general.--Notwithstanding any other provision of the 
     Internal Revenue Code of 1986, if a taxpayer claims a 
     deduction for any taxable year with respect to a casualty 
     loss to a principal residence (within the meaning of section 
     121 of such Code) resulting from the severe storms, tornados, 
     or flooding giving rise to any Presidential declaration 
     described in subsection (c)(1)(A) and in a subsequent taxable 
     year receives a grant under any Federal or State program as 
     reimbursement for such loss, such taxpayer may elect to file 
     an amended income tax return for the taxable year in which 
     such deduction was allowed (and for any taxable year to which 
     such deduction is carried) and reduce (but not below zero) 
     the amount of such deduction by the amount of such 
     reimbursement.
       (2) Time of filing amended return.--Paragraph (1) shall 
     apply with respect to any grant only if any amended income 
     tax returns with respect to such grant are filed not later 
     than the later of--
       (A) the due date for filing the tax return for the taxable 
     year in which the taxpayer receives such grant, or
       (B) the date which is 1 year after the date of the 
     enactment of this Act.
       (3) Waiver of penalties and interest.--Any underpayment of 
     tax resulting from the reduction under paragraph (1) of the 
     amount otherwise allowable as a deduction shall not be 
     subject to any penalty or interest under such Code if such 
     tax is paid not later than 1 year after the filing of the 
     amended return to which such reduction relates.
       (c) Midwestern Disaster Area.--
       (1) In general.--For purposes of this section and for 
     applying the substitutions described in subsections (e) and 
     (f), the term ``Midwestern disaster area'' means an area--
       (A) with respect to which a major disaster has been 
     declared by the President on or after May 20, 2008, and 
     before August 1, 2008, under section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act by 
     reason of severe storms, tornados, or flooding occurring in 
     any of the States of Arkansas, Illinois, Indiana, Iowa, 
     Kansas, Michigan, Minnesota, Missouri, Nebraska, and 
     Wisconsin, and
       (B) determined by the President to warrant individual or 
     individual and public assistance from the Federal Government 
     under such Act with respect to damages attributable to such 
     severe storms, tornados, or flooding.
       (2) Certain benefits available to areas eligible only for 
     public assistance.--For purposes of applying this section to 
     benefits under the following provisions, paragraph (1) shall 
     be applied without regard to subparagraph (B):
       (A) Sections 1400Q, 1400S(b), and 1400S(d) of the Internal 
     Revenue Code of 1986.
       (B) Sections 302, 401, and 405 of the Katrina Emergency Tax 
     Relief Act of 2005.
       (d) References.--
       (1) Area.--Any reference in such provisions to the 
     Hurricane Katrina disaster area or the Gulf Opportunity Zone 
     shall be treated as a reference to any Midwestern disaster 
     area

[[Page S7168]]

     and any reference to the Hurricane Katrina disaster area or 
     the Gulf Opportunity Zone within a State shall be treated as 
     a reference to all Midwestern disaster areas within the 
     State.
       (2) Items attributable to disaster.--Any reference in such 
     provisions to any loss, damage, or other item attributable to 
     Hurricane Katrina shall be treated as a reference to any 
     loss, damage, or other item attributable to the severe 
     storms, tornados, or flooding giving rise to any Presidential 
     declaration described in subsection (c)(1)(A).
       (3) Applicable disaster date.--For purposes of applying the 
     substitutions described in subsections (e) and (f), the term 
     ``applicable disaster date'' means, with respect to any 
     Midwestern disaster area, the date on which the severe 
     storms, tornados, or flooding giving rise to the Presidential 
     declaration described in subsection (c)(1)(A) occurred.
       (e) Modifications to 1986 Code.--The following provisions 
     of the Internal Revenue Code of 1986 shall be applied with 
     the following modifications:
       (1) Tax-exempt bond financing.--Section 1400N(a)--
       (A) by substituting ``qualified Midwestern disaster area 
     bond'' for ``qualified Gulf Opportunity Zone Bond'' each 
     place it appears, except that in determining whether a bond 
     is a qualified Midwestern disaster area bond--
       (i) paragraph (2)(A)(i) shall be applied by only treating 
     costs as qualified project costs if--

       (I) in the case of a project involving a private business 
     use (as defined in section 141(b)(6)), either the person 
     using the property suffered a loss in a trade or business 
     attributable to the severe storms, tornados, or flooding 
     giving rise to any Presidential declaration described in 
     subsection (c)(1)(A) or is a person designated for purposes 
     of this section by the Governor of the State in which the 
     project is located as a person carrying on a trade or 
     business replacing a trade or business with respect to which 
     another person suffered such a loss, and
       (II) in the case of a project relating to public utility 
     property, the project involves repair or reconstruction of 
     public utility property damaged by such severe storms, 
     tornados, or flooding, and

       (ii) paragraph (2)(A)(ii) shall be applied by treating an 
     issue as a qualified mortgage issue only if 95 percent or 
     more of the net proceeds (as defined in section 150(a)(3)) of 
     the issue are to be used to provide financing for mortgagors 
     who suffered damages to their principal residences 
     attributable to such severe storms, tornados, or flooding.
       (B) by substituting ``any State in which a Midwestern 
     disaster area is located'' for ``the State of Alabama, 
     Louisiana, or Mississippi'' in paragraph (2)(B),
       (C) by substituting ``designated for purposes of this 
     section (on the basis of providing assistance to areas in the 
     order in which such assistance is most needed)'' for 
     ``designated for purposes of this section'' in paragraph 
     (2)(C),
       (D) by substituting ``January 1, 2013'' for ``January 1, 
     2011'' in paragraph (2)(D),
       (E) in paragraph (3)(A)--
       (i) by substituting ``$1,000'' for ``$2,500'', and
       (ii) by substituting ``before the earliest applicable 
     disaster date for Midwestern disaster areas within the 
     State'' for ``before August 28, 2005'',
       (F) by substituting ``qualified Midwestern disaster area 
     repair or construction'' for ``qualified GO Zone repair or 
     construction'' each place it appears, and
       (G) by substituting ``after the date of the enactment of 
     the Housing and Economic Recovery Act of 2008 and before 
     January 1, 2013'' for ``after the date of the enactment of 
     this paragraph and before January 1, 2011'' in paragraph 
     (7)(C).
       (2) Low-income housing credit.--Section 1400N(c)--
       (A) only with respect to calendar years 2009, 2010, and 
     2011,
       (B) by substituting ``Disaster Recovery Assistance housing 
     amount'' for ``Gulf Opportunity housing amount'',
       (C) in paragraph (1)(B)--
       (i) by substituting ``$4.00'' for ``$18.00'', and
       (ii) by substituting ``before the earliest applicable 
     disaster date for Midwestern disaster areas within the 
     State'' for ``before August 28, 2005'' , and
       (D) determined without regard to paragraphs (2), (3), (4), 
     (5), and (6) thereof.
       (3) Special allowance for certain property acquired on or 
     after the applicable disaster date.--Section 1400N(d)--
       (A) by substituting ``qualified Disaster Recovery 
     Assistance property'' for ``qualified Gulf Opportunity Zone 
     property'' each place it appears, except that a taxpayer 
     shall be allowed additional bonus depreciation and expensing 
     under such subsection or section 1400N(e) with respect to 
     such property only if--
       (i) the taxpayer suffered an economic loss attributable to 
     the severe storms, tornados, or flooding giving rise to any 
     Presidential declaration described in subsection (c)(1)(A), 
     and
       (ii) such property--

       (I) rehabilitates property damaged, or replaces property 
     destroyed or condemned, as a result of such severe storms, 
     tornados, or flooding, except that, for purposes of this 
     clause, property shall be treated as replacing property 
     destroyed or condemned if, as part of an integrated plan, 
     such property replaces property which is included in a 
     continuous area which includes real property destroyed or 
     condemned, and
       (II) is similar in nature to, and located in the same 
     county as, the property being rehabilitated or replaced,

       (B) by substituting ``the applicable disaster date'' for 
     ``August 28, 2005'' each place it appears,
       (C) by substituting ``December 31, 2011'' for ``December 
     31, 2007'' in paragraph (2)(A)(v),
       (D) by substituting ``December 31, 2012'' for ``December 
     31, 2008'' in paragraph (2)(A)(v),
       (E) by substituting ``the day before the applicable 
     disaster date'' for ``August 27, 2005'' in paragraph (3)(A),
       (F) determined without regard to paragraph (6) thereof, and
       (G) by not including as qualified Disaster Recovery 
     Assistance property any property to which section 168(k) 
     applies.
       (4) Increase in expensing under section 179.--Section 
     1400N(e), by substituting ``qualified section 179 Disaster 
     Recovery Assistance property'' for ``qualified section 179 
     Gulf Opportunity Zone property'' each place it appears.
       (5) Expensing for certain demolition and clean-up costs.--
     Section 1400N(f)--
       (A) by substituting ``qualified Disaster Recovery 
     Assistance clean-up cost'' for ``qualified Gulf Opportunity 
     Zone clean-up cost'' each place it appears,
       (B) by substituting ``beginning on the applicable disaster 
     date and ending on December 31, 2010'' for ``beginning on 
     August 28, 2005, and ending on December 31, 2007'' in 
     paragraph (2), and
       (C) by treating costs as qualified Disaster Recovery 
     Assistance clean-up costs only if the removal of debris or 
     demolition of any structure was necessary due to damage 
     attributable to the severe storms, tornados, or flooding 
     giving rise to any Presidential declaration described in 
     subsection (c)(1)(A).
       (6) Extension of expensing for environmental remediation 
     costs.--Section 1400N(g)--
       (A) by substituting ``the applicable disaster date'' for 
     ``August 28, 2005'' each place it appears,
       (B) by substituting ``January 1, 2011'' for ``January 1, 
     2008'' in paragraph (1),
       (C) by substituting ``December 31, 2010'' for ``December 
     31, 2007'' in paragraph (1), and
       (D) by treating a site as a qualified contaminated site 
     only if the release (or threat of release) or disposal of a 
     hazardous substance at the site was attributable to the 
     severe storms, tornados, or flooding giving rise to any 
     Presidential declaration described in subsection (c)(1)(A).
       (7) Increase in rehabilitation credit.--Section 1400N(h)--
       (A) by substituting ``the applicable disaster date'' for 
     ``August 28, 2005'',
       (B) by substituting ``January 1, 2011'' for ``January 1, 
     2008'' in paragraph (1), and
       (C) by only applying such subsection to qualified 
     rehabilitation expenditures with respect to any building or 
     structure which was damaged or destroyed as a result of the 
     severe storms, tornados, or flooding giving rise to any 
     Presidential declaration described in subsection (c)(1)(A).
       (8) Treatment of net operating losses attributable to 
     disaster losses.--Section 1400N(k)--
       (A) by substituting ``qualified Disaster Recovery 
     Assistance loss'' for ``qualified Gulf Opportunity Zone 
     loss'' each place it appears,
       (B) by substituting ``after the day before the applicable 
     disaster date, and before January 1, 2011'' for ``after 
     August 27, 2005, and before January 1, 2008'' each place it 
     appears,
       (C) by substituting ``the applicable disaster date'' for 
     ``August 28, 2005'' in paragraph (2)(B)(ii)(I),
       (D) by substituting ``qualified Disaster Recovery 
     Assistance property'' for ``qualified Gulf Opportunity Zone 
     property'' in paragraph (2)(B)(iv), and
       (E) by substituting ``qualified Disaster Recovery 
     Assistance casualty loss'' for ``qualified Gulf Opportunity 
     Zone casualty loss'' each place it appears.
       (9) Credit to holders of tax credit bonds.--Section 
     1400N(l)--
       (A) by substituting ``Midwestern tax credit bond'' for 
     ``Gulf tax credit bond'' each place it appears,
       (B) by substituting ``any State in which a Midwestern 
     disaster area is located'' for ``the State of Alabama, 
     Louisiana, or Mississippi'' in paragraph (4)(A)(i),
       (C) by substituting ``after December 31, 2008 and before 
     January 1, 2010'' for ``after December 31, 2005, and before 
     January 1, 2007'',
       (D) by substituting ``shall not exceed $100,000,000 for any 
     State with an aggregate population located in all Midwestern 
     disaster areas within the State of at least 2,000,000, 
     $50,000,000 for any State with an aggregate population 
     located in all Midwestern disaster areas within the State of 
     at least 1,000,000 but less than 2,000,000, and zero for any 
     other State. The population of a State within any area shall 
     be determined on the basis of the most recent census estimate 
     of resident population released by the Bureau of Census 
     before the earliest applicable disaster date for Midwestern 
     disaster areas within the State.'' for ``shall not exceed'' 
     and all that follows in paragraph (4)(C), and
       (E) by substituting ``the earliest applicable disaster date 
     for Midwestern disaster areas within the State'' for ``August 
     28, 2005'' in paragraph (5)(A).
       (10) Education tax benefits.--Section 1400O, by 
     substituting ``2008 or 2009'' for ``2005 or 2006''.

[[Page S7169]]

       (11) Housing tax benefits.--Section 1400P, by substituting 
     ``the applicable disaster date'' for ``August 28, 2005'' in 
     subsection (c)(1).
       (12) Special rules for use of retirement funds.--Section 
     1400Q--
       (A) by substituting ``qualified Disaster Recovery 
     Assistance distribution'' for ``qualified hurricane 
     distribution'' each place it appears,
       (B) by substituting ``on or after the applicable disaster 
     date and before January 1, 2010'' for ``on or after August 
     25, 2005, and before January 1, 2007'' in subsection 
     (a)(4)(A)(i),
       (C) by substituting ``the applicable disaster date'' for 
     ``August 28, 2005'' in subsections (a)(4)(A)(i) and 
     (c)(3)(B),
       (D) by disregarding clauses (ii) and (iii) of subsection 
     (a)(4)(A) thereof,
       (E) by substituting ``qualified storm damage distribution'' 
     for ``qualified Katrina distribution'' each place it appears,
       (F) by substituting ``after the date which is 6 months 
     before the applicable disaster date and before the date which 
     is the day after the applicable disaster date'' for ``after 
     February 28, 2005, and before August 29, 2005'' in subsection 
     (b)(2)(B)(ii),
       (G) by substituting ``the Midwestern disaster area, but not 
     so purchased or constructed on account of severe storms, 
     tornados, or flooding giving rise to the designation of the 
     area as a disaster area'' for ``the Hurricane Katrina 
     disaster area, but not so purchased or constructed on account 
     of Hurricane Katrina'' in subsection (b)(2)(B)(iii),
       (H) by substituting ``beginning on the applicable disaster 
     date and ending on the date which is 5 months after the date 
     of the enactment of the Housing and Economic Recovery Act of 
     2008'' for ``beginning on August 25, 2005, and ending on 
     February 28, 2006'' in subsection (b)(3)(A),
       (I) by substituting ``qualified storm damage individual'' 
     for ``qualified Hurricane Katrina individual'' each place it 
     appears,
       (J) by substituting ``December 31, 2009'' for ``December 
     31, 2006'' in subsection (c)(2)(A),
       (K) by substituting ``beginning on the date of the 
     enactment of the Housing and Economic Recovery Act of 2008 
     and ending on December 31, 2009'' for ``beginning on 
     September 24, 2005, and ending on December 31, 2006'' in 
     subsection (c)(4)(A)(i),
       (L) by substituting ``the applicable disaster date'' for 
     ``August 25, 2005'' in subsection (c)(4)(A)(ii), and
       (M) by substituting ``January 1, 2010'' for ``January 1, 
     2007'' in subsection (d)(2)(A)(ii).
       (13) Employee retention credit for employers affected by 
     severe storms, tornados, and flooding.--Section 1400R(a)--
       (A) by substituting ``the applicable disaster date'' for 
     ``August 28, 2005'' each place it appears,
       (B) by substituting ``January 1, 2009'' for ``January 1, 
     2006'' both places it appears, and
       (C) only with respect to eligible employers who employed an 
     average of not more than 200 employees on business days 
     during the taxable year before the applicable disaster date.
       (14) Temporary suspension of limitations on charitable 
     contributions.--Section 1400S(a), by substituting the 
     following paragraph for paragraph (4) thereof:
       ``(4) Qualified contributions.--
       ``(A) In general.--For purposes of this subsection, the 
     term `qualified contribution' means any charitable 
     contribution (as defined in section 170(c)) if--
       ``(i) such contribution--

       ``(I) is paid during the period beginning on the earliest 
     applicable disaster date for all States and ending on 
     December 31, 2008, in cash to an organization described in 
     section 170(b)(1)(A), and
       ``(II) is made for relief efforts in 1 or more Midwestern 
     disaster areas,

       ``(ii) the taxpayer obtains from such organization 
     contemporaneous written acknowledgment (within the meaning of 
     section 170(f)(8)) that such contribution was used (or is to 
     be used) for relief efforts in 1 or more Midwestern disaster 
     areas, and
       ``(iii) the taxpayer has elected the application of this 
     subsection with respect to such contribution.
       ``(B) Exception.--Such term shall not include a 
     contribution by a donor if the contribution is--
       ``(i) to an organization described in section 509(a)(3), or
       ``(ii) for establishment of a new, or maintenance of an 
     existing, donor advised fund (as defined in section 
     4966(d)(2)).
       ``(C) Application of election to partnerships and s 
     corporations.--In the case of a partnership or S corporation, 
     the election under subparagraph (A)(iii) shall be made 
     separately by each partner or shareholder.''.
       (15) Suspension of certain limitations on personal casualty 
     losses.--Section 1400S(b)(1), by substituting ``the 
     applicable disaster date'' for ``August 25, 2005''.
       (16) Special rule for determining earned income.--Section 
     1400S(d)--
       (A) by treating an individual as a qualified individual if 
     such individual's principal place of abode on the applicable 
     disaster date was located in a Midwestern disaster area,
       (B) by treating the applicable disaster date with respect 
     to any such individual as the applicable date for purposes of 
     such subsection, and
       (C) by treating an area as described in paragraph 
     (2)(B)(ii) thereof if the area is a Midwestern disaster area 
     only by reason of subsection (b)(2) of this section (relating 
     to areas eligible only for public assistance)
       (17) Adjustments regarding taxpayer and dependency 
     status.--Section 1400S(e), by substituting ``2008 or 2009'' 
     for ``2005 or 2006''.
       (f) Modifications to Katrina Emergency Tax Relief Act of 
     2005.--The following provisions of the Katrina Emergency Tax 
     Relief Act of 2005 shall be applied with the following 
     modifications:
       (1) Additional exemption for housing displaced 
     individual.--Section 302--
       (A) by substituting ``2008 or 2009'' for ``2005 or 2006'' 
     in subsection (a) thereof,
       (B) by substituting ``Midwestern displaced individual'' for 
     ``Hurricane Katrina displaced individual'' each place it 
     appears, and
       (C) by treating an area as a core disaster area for 
     purposes of applying subsection (c) thereof if the area is a 
     Midwestern disaster area without regard to subsection (b)(2) 
     of this section (relating to areas eligible only for public 
     assistance).
       (2) Increase in standard mileage rate.--Section 303, by 
     substituting ``beginning on the applicable disaster date and 
     ending on December 31, 2008'' for ``beginning on August 25, 
     2005, and ending on December 31, 2006''.
       (3) Mileage reimbursements for charitable volunteers.--
     Section 304--
       (A) by substituting ``beginning on the applicable disaster 
     date and ending on December 31, 2008'' for ``beginning on 
     August 25, 2005, and ending on December 31, 2006'' in 
     subsection (a), and
       (B) by substituting ``the applicable disaster date'' for 
     ``August 25, 2005'' in subsection (a).
       (4) Exclusion of certain cancellation of indebtedness 
     income.--Section 401--
       (A) by treating an individual whose principal place of 
     abode on the applicable disaster date was in a Midwestern 
     disaster area (determined without regard to subsection (b)(2) 
     of this section) as an individual described in subsection 
     (b)(1) thereof, and by treating an individual whose principal 
     place of abode on the applicable disaster date was in a 
     Midwestern disaster area solely by reason of subsection 
     (b)(2) of this section as an individual described in 
     subsection (b)(2) thereof,
       (B) by substituting ``the applicable disaster date'' for 
     ``August 28, 2005'' both places it appears, and
       (C) by substituting ``January 1, 2010'' for ``January 1, 
     2007'' in subsection (e).
       (5) Extension of replacement period for nonrecognition of 
     gain.--Section 405, by substituting ``on or after the 
     applicable disaster date'' for ``on or after August 25, 
     2005''.

     SEC. 3. ENHANCED CHARITABLE DEDUCTIONS FOR CONTRIBUTIONS OF 
                   FOOD INVENTORY.

       (a) Increased Amount of Deduction.--
       (1) In general.--Clause (iv) of section 170(e)(3)(C) 
     (relating to termination) of the Internal Revenue Code of 
     1986 is amended by striking ``December 31, 2007'' and 
     inserting ``December 31, 2009''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to contributions made after December 31, 2007.
       (b) Temporary Suspension of Limitations on Charitable 
     Contributions.--
       (1) In general.--Section 170(b) of such Code is amended by 
     adding at the end the following new paragraph:
       ``(3) Temporary suspension of limitations on charitable 
     contributions.--In the case of a qualified farmer or rancher 
     (as defined in paragraph (1)(E)(v)), any charitable 
     contribution of food--
       ``(A) to which subsection (e)(3)(C) applies (without regard 
     to clause (ii) thereof), and
       ``(B) which is made during the period beginning on the date 
     of the enactment of this paragraph and before January 1, 
     2009,
     shall be treated for purposes of paragraph (1)(E) or (2)(B), 
     whichever is applicable, as if it were a qualified 
     conservation contribution which is made by a qualified farmer 
     or rancher and which otherwise meets the requirements of such 
     paragraph.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.

     SEC. 4. EXTENSION OF ENHANCED CHARITABLE DEDUCTION FOR 
                   CONTRIBUTIONS OF BOOK INVENTORY.

       (a) Extension.--Clause (iv) of section 170(e)(3)(D) of the 
     Internal Revenue Code of 1986 (relating to termination) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``December 31, 2007'' and inserting ``December 31, 2009''.
       (b) Clerical Amendment.--Clause (iii) of section 
     170(e)(3)(D) of such Code (relating to certification by 
     donee) is amended by inserting ``of books'' after ``to any 
     contribution''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to contributions made after December 31, 2007.

     SEC. 5. REPORTING REQUIREMENTS RELATING TO DISASTER RELIEF 
                   CONTRIBUTIONS.

       (a) In General.--Section 6033(b) of the Internal Revenue 
     Code of 1986 (relating to returns of certain organizations 
     described in section 501(c)(3)) is amended by striking 
     ``and'' at the end of paragraph (13), by redesignating 
     paragraph (14) as paragraph (15), and by adding after 
     paragraph (13) the following new paragraph:
       ``(14) such information as the Secretary may require with 
     respect to disaster relief activities, including the amount 
     and use of qualified contributions to which section 1400S(a) 
     applies, and''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to returns the due date for which (determined 
     without regard to any extension) occurs after December 31, 
     2008.

[[Page S7170]]

                                 ______
                                 
      By Mr. LEVIN (for himself, Mr. Voinovich, Mr. Bayh, Mr. Brown, 
        Mr. Casey, Mrs. Clinton, Mr. Coleman, Mr. Durbin, Mr. Feingold, 
        Ms. Klobuchar, Mr. Kohl, Mr. Lugar, Mr. Obama, Ms. Stabenow, 
        and Mr. Schumer):
  S.J. Res. 45. A joint resolution expressing the consent and approval 
of Congress to an inter-state compact regarding water resources in the 
Great Lakes--St. Lawrence River Basin; to the Committee on the 
Judiciary.
  Mr. LEVIN. Mr. President, in 1831, the great chronicler of early 
America, Alexis de Tocqueville, explored the Great Lakes. As he passed 
through Lake Huron, he observed of the empty, undeveloped expanse: 
``This lake without sails, this shore which does not yet show any trace 
of the passage of man, this eternal forest which borders it; all that, 
I assure you, is not grand in poetry only; it's the most extraordinary 
spectacle that I have seen in my life.''
  Nearly 2 centuries later, the Great Lakes remain one of the most 
extraordinary spectacles in the world. The sheer size of the Great 
Lakes is impressed upon anyone who has stood on their shores, or who 
has seen the outline of the Michigan mitten, which the Great Lakes make 
one of the most distinctive shapes and recognizable shapes on maps or 
satellite photographs of the earth. Beyond their awe-inspiring 
appearance and enormity, the Great Lakes help fuel an economic engine 
that stretches from Minnesota to New York, producing some of our 
nations most celebrated and relied-upon goods and agricultural 
products.
  This morning, my colleagues and I are introducing a joint resolution 
to ratify an historic agreement to manage Great Lakes water, the Great 
Lakes Water Resources Compact. While the existing Water Resources 
Development Act law provides sufficient protection and authority to 
prevent diversions, the Great Lakes Compact will provide an effective 
means for Great Lakes states jointly to safeguard water for future 
generations. The compact will ban new diversions from the Basin with 
certain limited exceptions, and those exceptions would be regulated. 
Further, the compact keeps the authority to govern our water in the 
hands of the Great Lake States.
  The compact states that ``the protection of the integrity of the 
Great Lakes Ecosystem shall be the overarching principle for reviewing 
proposals.'' For the first time, water conservation goals will be 
developed to deal with any water diversion proposals.
  Beyond that, the compact would specifically address withdrawals and 
diversions of both ground and surface water. This would represent an 
improvement over existing law because there are differing opinions on 
whether the current law addresses ground water diversions.
  Additionally, because the compact would provide a scientific method 
for determining whether to allow a proposal to divert water from the 
Great Lakes, it makes our efforts to protect the lakes more clearly 
compliant with international trade agreements.
  This agreement has been in the making for close to decade, following 
the mistaken issuance of a permit for bulk water diversion by the 
Province of Ontario. In the 2000 WRDA, Congress directed the governors 
to negotiate a water management policy, and in 2005, the eight Great 
Lakes Governors and two Canadian Premiers came to an agreement.
  I have heard that some people believe that there is a water bottle 
``loophole.'' The compact prohibits water in a container larger than 
5.7 gallons to be diverted outside the Great Lakes basin. Though the 
compact would not prohibit water withdrawals in containers less than 
5.7 gallons, individual states would retain their authority to regulate 
bottled water in any size container.
  I believe that the Great Lakes Compact is beneficial and will provide 
greater protections for the Great Lakes than the status quo. However, 
as is explicitly stated in this joint resolution, the Great Lakes Water 
Compact does not imply that it is necessary for Congress to pass the 
compact in order for the Lakes to be protected from diversions. WRDA 
gives each Great Lakes governor veto power over certain types of 
diversions by any Great Lakes state. While this authority is clear, 
additional safeguards and standards will be helpful in the years ahead.
  Tocqueville further observed during his journey in Lake Huron, 
``Nature has done everything here. A fertile soil, and outlets like to 
which there are no others in the world.'' Nature has, indeed, given us 
so much in the Great Lakes. We need to take this important step to pass 
the Great Lakes Water Compact so as to make sure that we conserve this 
precious resource as best we can, ensuring sensible use now so that 
future generations can benefit from the Great Lakes as we do. I support 
passage, and I urge my colleagues to support it as well.
  Mr. President, I ask unanimous consent that text of the Joint 
resolution be printed in the Record.
  There being no objection, the text of the joint resolution was 
ordered to be printed in the Record, as follows:

                              S.J. Res. 45

       Whereas the interstate compact regarding water resources in 
     the Great Lakes--St. Lawrence River Basin reads as follows:

                              ``AGREEMENT

     ``Section 1. The states of Illinois, Indiana, Michigan, 
     Minnesota, New York, Ohio and Wisconsin and the Commonwealth 
     of Pennsylvania hereby solemnly covenant and agree with each 
     other, upon enactment of concurrent legislation by the 
     respective state legislatures and consent by the Congress of 
     the United States as follows:

    ``GREAT LAKES--ST. LAWRENCE RIVER BASIN WATER RESOURCES COMPACT

                              ``ARTICLE 1

           ``SHORT TITLE, DEFINITIONS, PURPOSES AND DURATION

     ``Section 1.1. Short Title. This act shall be known and may 
     be cited as the ``Great Lakes--St. Lawrence River Basin Water 
     Resources Compact.''
     ``Section 1.2. Definitions. For the purposes of this Compact, 
     and of any supplemental or concurring legislation enacted 
     pursuant thereto, except as may be otherwise required by the 
     context:
       ``Adaptive Management means a Water resources management 
     system that provides a systematic process for evaluation, 
     monitoring and learning from the outcomes of operational 
     programs and adjustment of policies, plans and programs based 
     on experience and the evolution of scientific knowledge 
     concerning Water resources and Water Dependent Natural 
     Resources.
       ``Agreement means the Great Lakes--St. Lawrence River Basin 
     Sustainable Water Resources Agreement.
       ``Applicant means a Person who is required to submit a 
     Proposal that is subject to management and regulation under 
     this Compact.Application has a corresponding meaning.
       ``Basin or Great Lakes--St. Lawrence River Basin means the 
     watershed of the Great Lakes and the St. Lawrence River 
     upstream from Trois-Rivieres, Quebec within the jurisdiction 
     of the Parties.
       ``Basin Ecosystem or Great Lakes--St. Lawrence River Basin 
     Ecosystem means the interacting components of air, land, 
     Water and living organisms, including humankind, within the 
     Basin.
       ``Community within a Straddling County means any 
     incorporated city, town or the equivalent thereof, that is 
     located outside the Basin but wholly within a County that 
     lies partly within the Basin and that is not a Straddling 
     Community.
       ``Compact means this Compact.
       ``Consumptive Use means that portion of the Water Withdrawn 
     or withheld from the Basin that is lost or otherwise not 
     returned to the Basin due to evaporation, incorporation into 
     Products, or other processes.
       ``Council means the Great Lakes--St. Lawrence River Basin 
     Water Resources Council, created by this Compact.
       ``Council Review means the collective review by the Council 
     members as described in Article 4 of this Compact.
       ``County means the largest territorial division for local 
     government in a State. The County boundaries shall be defined 
     as those boundaries that exist as of December 13, 2005.
       ``Cumulative Impacts mean the impact on the Basin Ecosystem 
     that results from incremental effects of all aspects of a 
     Withdrawal, Diversion or Consumptive Use in addition to other 
     past, present, and reasonably foreseeable future Withdrawals, 
     Diversions and Consumptive Uses regardless of who undertakes 
     the other Withdrawals, Diversions and Consumptive Uses. 
     Cumulative Impacts can result from individually minor but 
     collectively significant Withdrawals, Diversions and 
     Consumptive Uses taking place over a period of time.
       ``Decision-Making Standard means the decision-making 
     standard established by Section 4.11 for Proposals subject to 
     management and regulation in Section 4.10.
       ``Diversion means a transfer of Water from the Basin into 
     another watershed, or from the watershed of one of the Great 
     Lakes into that of another by any means of transfer, 
     including but not limited to a pipeline, canal, tunnel, 
     aqueduct, channel, modification of the direction of a water 
     course, a tanker

[[Page S7171]]

     ship, tanker truck or rail tanker but does not apply to Water 
     that is used in the Basin or a Great Lake watershed to 
     manufacture or produce a Product that is then transferred out 
     of the Basin or watershed. Divert has a corresponding 
     meaning.
       ``Environmentally Sound and Economically Feasible Water 
     Conservation Measures mean those measures, methods, 
     technologies or practices for efficient water use and for 
     reduction of water loss and waste or for reducing a 
     Withdrawal, Consumptive Use or Diversion that i) are 
     environmentally sound, ii) reflect best practices applicable 
     to the water use sector, iii) are technically feasible and 
     available, iv) are economically feasible and cost effective 
     based on an analysis that considers direct and avoided 
     economic and environmental costs and v) consider the 
     particular facilities and processes involved, taking into 
     account the environmental impact, age of equipment and 
     facilities involved, the processes employed, energy impacts 
     and other appropriate factors.
       ``Exception means a transfer of Water that is excepted 
     under Section 4.9 from the prohibition against Diversions in 
     Section 4.8.
       ``Exception Standard means the standard for Exceptions 
     established in Section 4.9.4.
       ``Intra-Basin Transfer means the transfer of Water from the 
     watershed of one of the Great Lakes into the watershed of 
     another Great Lake.
       ``Measures means any legislation, law, regulation, 
     directive, requirement, guideline, program, policy, 
     administrative practice or other procedure.
       ``New or Increased Diversion means a new Diversion, an 
     increase in an existing Diversion, or the alteration of an 
     existing Withdrawal so that it becomes a Diversion.
       ``New or Increased Withdrawal or Consumptive Use means a 
     new Withdrawal or Consumptive Use or an increase in an 
     existing Withdrawal or Consumptive Use.
       ``Originating Party means the Party within whose 
     jurisdiction an Application or registration is made or 
     required.
       ``Party means a State party to this Compact.
       ``Person means a human being or a legal person, including a 
     government or a nongovernmental organization, including any 
     scientific, professional, business, non-profit, or public 
     interest organization or association that is neither 
     affiliated with, nor under the direction of a government.
       ``Product means something produced in the Basin by human or 
     mechanical effort or through agricultural processes and used 
     in manufacturing, commercial or other processes or intended 
     for intermediate or end use consumers. (i) Water used as part 
     of the packaging of a Product shall be considered to be part 
     of the Product. (ii) Other than Water used as part of the 
     packaging of a Product, Water that is used primarily to 
     transport materials in or out of the Basin is not a Product 
     or part of a Product. (iii) Except as provided in (i) above, 
     Water which is transferred as part of a public or private 
     supply is not a Product or part of a Product. (iv) Water in 
     its natural state such as in lakes, rivers, reservoirs, 
     aquifers, or water basins is not a Product.
       ``Proposal means a Withdrawal, Diversion or Consumptive Use 
     of Water that is subject to this Compact.
       ``Province means Ontario or Quebec.
       ``Public Water Supply Purposes means water distributed to 
     the public through a physically connected system of 
     treatment, storage and distribution facilities serving a 
     group of largely residential customers that may also serve 
     industrial, commercial, and other institutional operators. 
     Water Withdrawn directly from the Basin and not through such 
     a system shall not be considered to be used for Public Water 
     Supply Purposes.
       ``Regional Body means the members of the Council and the 
     Premiers of Ontario and Quebec or their designee as 
     established by the Agreement.
       ``Regional Review means the collective review by the 
     Regional Body as described in Article 4 of this Compact.
       ``Source Watershed means the watershed from which a 
     Withdrawal originates. If Water is Withdrawn directly from a 
     Great Lake or from the St. Lawrence River, then the Source 
     Watershed shall be considered to be the watershed of that 
     Great Lake or the watershed of the St. Lawrence River, 
     respectively. If Water is Withdrawn from the watershed of a 
     stream that is a direct tributary to a Great Lake or a direct 
     tributary to the St. Lawrence River, then the Source 
     Watershed shall be considered to be the watershed of that 
     Great Lake or the watershed of the St. Lawrence River, 
     respectively, with a preference to the direct tributary 
     stream watershed from which it was Withdrawn.
       ``Standard of Review and Decision means the Exception 
     Standard, Decision-Making Standard and reviews as outlined in 
     Article 4 of this Compact.
       ``State means one of the states of Illinois, Indiana, 
     Michigan, Minnesota, New York, Ohio or Wisconsin or the 
     Commonwealth of Pennsylvania.
       ``Straddling Community means any incorporated city, town or 
     the equivalent thereof, wholly within any County that lies 
     partly or completely within the Basin, whose corporate 
     boundary existing as of the effective date of this Compact, 
     is partly within the Basin or partly within two Great Lakes 
     watersheds.
       ``Technical Review means a detailed review conducted to 
     determine whether or not a Proposal that requires Regional 
     Review under this Compact meets the Standard of Review and 
     Decision following procedures and guidelines as set out in 
     this Compact.
       ``Water means ground or surface water contained within the 
     Basin.
       ``Water Dependent Natural Resources means the interacting 
     components of land, Water and living organisms affected by 
     the Waters of the Basin.
       ``Waters of the Basin or Basin Water means the Great Lakes 
     and all streams, rivers, lakes, connecting channels and other 
     bodies of water, including tributary groundwater, within the 
     Basin.
       ``Withdrawal means the taking of water from surface water 
     or groundwater. Withdraw has a corresponding meaning.
     ``Section 1.3. Findings and Purposes.
       ``The legislative bodies of the respective Parties hereby 
     find and declare:
       ``1. Findings:
       ``a. The Waters of the Basin are precious public natural 
     resources shared and held in trust by the States;
       ``b. The Waters of the Basin are interconnected and part of 
     a single hydrologic system;
       ``c. The Waters of the Basin can concurrently serve 
     multiple uses. Such multiple uses include municipal, public, 
     industrial, commercial, agriculture, mining, navigation, 
     energy development and production, recreation, the 
     subsistence, economic and cultural activities of native 
     peoples, Water quality maintenance, and the maintenance of 
     fish and wildlife habitat and a balanced ecosystem. And, 
     other purposes are encouraged, recognizing that such uses are 
     interdependent and must be balanced;
       ``d. Future Diversions and Consumptive Uses of Basin Water 
     resources have the potential to significantly impact the 
     environment, economy and welfare of the Great Lakes--St. 
     Lawrence River region;
       ``e. Continued sustainable, accessible and adequate Water 
     supplies for the people and economy of the Basin are of vital 
     importance; and,
       ``f. The Parties have a shared duty to protect, conserve, 
     restore, improve and manage the renewable but finite Waters 
     of the Basin for the use, benefit and enjoyment of all their 
     citizens, including generations yet to come. The most 
     effective means of protecting, conserving, restoring, 
     improving and managing the Basin Waters is through the joint 
     pursuit of unified and cooperative principles, policies and 
     programs mutually-agreed upon, enacted and adhered to by all 
     Parties.
       ``2. Purposes:
       ``a. To act together to protect, conserve, restore, improve 
     and effectively manage the Waters and Water Dependent Natural 
     Resources of the Basin under appropriate arrangements for 
     intergovernmental cooperation and consultation because 
     current lack of full scientific certainty should not be used 
     as a reason for postponing measures to protect the Basin 
     Ecosystem;
       ``b. To remove causes of present and future controversies;
       ``c. To provide for cooperative planning and action by the 
     Parties with respect to such Water resources;
       ``d. To facilitate consistent approaches to Water 
     management across the Basin while retaining State management 
     authority over Water management decisions within the Basin;
       ``e. To facilitate the exchange of data, strengthen the 
     scientific information base upon which decisions are made and 
     engage in consultation on the potential effects of proposed 
     Withdrawals and losses on the Waters and Water Dependent 
     Natural Resources of the Basin;
       ``f. To prevent significant adverse impacts of Withdrawals 
     and losses on the Basin's ecosystems and watersheds;
       ``g. To promote interstate and State-Provincial comity; 
     and,
       ``h. To promote an Adaptive Management approach to the 
     conservation and management of Basin Water resources, which 
     recognizes, considers and provides adjustments for the 
     uncertainties in, and evolution of, scientific knowledge 
     concerning the Basin's Waters and Water Dependent Natural 
     Resources.
     ``Section 1.4. Science.
       ``1. The Parties commit to provide leadership for the 
     development of a collaborative strategy with other regional 
     partners to strengthen the scientific basis for sound Water 
     management decision making under this Compact.
       ``2. The strategy shall guide the collection and 
     application of scientific information to support:
       ``a. An improved understanding of the individual and 
     Cumulative Impacts of Withdrawals from various locations and 
     Water sources on the Basin Ecosystem and to develop a 
     mechanism by which impacts of Withdrawals may be assessed;
       ``b. The periodic assessment of Cumulative Impacts of 
     Withdrawals, Diversions and Consumptive Uses on a Great Lake 
     and St. Lawrence River watershed basis;
       ``c. Improved scientific understanding of the Waters of the 
     Basin;
       ``d. Improved understanding of the role of groundwater in 
     Basin Water resources management; and,
       ``e. The development, transfer and application of science 
     and research related to Water conservation and Water use 
     efficiency.

                              ``ARTICLE 2

                             ``ORGANIZATION

     ``Section 2.1. Council Created.

[[Page S7172]]

       ``The Great Lakes--St. Lawrence River Basin Water Resources 
     Council is hereby created as a body politic and corporate, 
     with succession for the duration of this Compact, as an 
     agency and instrumentality of the governments of the 
     respective Parties.
     ``Section 2.2. Council Membership.
       ``The Council shall consist of the Governors of the 
     Parties, ex officio.
     ``Section 2.3. Alternates.
       ``Each member of the Council shall appoint at least one 
     alternate who may act in his or her place and stead, with 
     authority to attend all meetings of the Council and with 
     power to vote in the absence of the member. Unless otherwise 
     provided by law of the Party for which he or she is 
     appointed, each alternate shall serve during the term of the 
     member appointing him or her, subject to removal at the 
     pleasure of the member. In the event of a vacancy in the 
     office of alternate, it shall be filled in the same manner as 
     an original appointment for the unexpired term only.
     ``Section 2.4. Voting.
       ``1. Each member is entitled to one vote on all matters 
     that may come before the Council.
       ``2. Unless otherwise stated, the rule of decision shall be 
     by a simple majority.
       ``3. The Council shall annually adopt a budget for each 
     fiscal year and the amount required to balance the budget 
     shall be apportioned equitably among the Parties by unanimous 
     vote of the Council. The appropriation of such amounts shall 
     be subject to such review and approval as may be required by 
     the budgetary processes of the respective Parties.
       ``4. The participation of Council members from a majority 
     of the Parties shall constitute a quorum for the transaction 
     of business at any meeting of the Council.
     ``Section 2.5. Organization and Procedure.
       ``The Council shall provide for its own organization and 
     procedure, and may adopt rules and regulations governing its 
     meetings and transactions, as well as the procedures and 
     timeline for submission, review and consideration of 
     Proposals that come before the Council for its review and 
     action. The Council shall organize, annually, by the election 
     of a Chair and Vice Chair from among its members. Each member 
     may appoint an advisor, who may attend all meetings of the 
     Council and its committees, but shall not have voting power. 
     The Council may employ or appoint professional and 
     administrative personnel, including an Executive Director, as 
     it may deem advisable, to carry out the purposes of this 
     Compact.
     ``Section 2.6. Use of Existing Offices and Agencies.
       ``It is the policy of the Parties to preserve and utilize 
     the functions, powers and duties of existing offices and 
     agencies of government to the extent consistent with this 
     Compact. Further, the Council shall promote and aid the 
     coordination of the activities and programs of the Parties 
     concerned with Water resources management in the Basin. To 
     this end, but without limitation, the Council may:
       ``1. Advise, consult, contract, assist or otherwise 
     cooperate with any and all such agencies;
       ``2. Employ any other agency or instrumentality of any of 
     the Parties for any purpose; and,
       ``3. Develop and adopt plans consistent with the Water 
     resources plans of the Parties.
     ``Section 2.7. Jurisdiction.
       ``The Council shall have, exercise and discharge its 
     functions, powers and duties within the limits of the Basin. 
     Outside the Basin, it may act in its discretion, but only to 
     the extent such action may be necessary or convenient to 
     effectuate or implement its powers or responsibilities within 
     the Basin and subject to the consent of the jurisdiction 
     wherein it proposes to act.
     ``Section 2.8. Status, Immunities and Privileges.
       ``1. The Council, its members and personnel in their 
     official capacity and when engaged directly in the affairs of 
     the Council, its property and its assets, wherever located 
     and by whomsoever held, shall enjoy the same immunity from 
     suit and every form of judicial process as is enjoyed by the 
     Parties, except to the extent that the Council may expressly 
     waive its immunity for the purposes of any proceedings or by 
     the terms of any contract.
       ``2. The property and assets of the Council, wherever 
     located and by whomsoever held, shall be considered public 
     property and shall be immune from search, requisition, 
     confiscation, expropriation or any other form of taking or 
     foreclosure by executive or legislative action.
       ``3. The Council, its property and its assets, income and 
     the operations it carries out pursuant to this Compact shall 
     be immune from all taxation by or under the authority of any 
     of the Parties or any political subdivision thereof; 
     provided, however, that in lieu of property taxes the Council 
     may make reasonable payments to local taxing districts in 
     annual amounts which shall approximate the taxes lawfully 
     assessed upon similar property.
     ``Section 2.9. Advisory Committees.
       ``The Council may constitute and empower advisory 
     committees, which may be comprised of representatives of the 
     public and of federal, State, tribal, county and local 
     governments, water resources agencies, water-using industries 
     and sectors, water-interest groups and academic experts in 
     related fields.

                              ``ARTICLE 3

                      ``GENERAL POWERS AND DUTIES

     ``Section 3.1. General.
       ``The Waters and Water Dependent Natural Resources of the 
     Basin are subject to the sovereign right and responsibilities 
     of the Parties, and it is the purpose of this Compact to 
     provide for joint exercise of such powers of sovereignty by 
     the Council in the common interests of the people of the 
     region, in the manner and to the extent provided in this 
     Compact. The Council and the Parties shall use the Standard 
     of Review and Decision and procedures contained in or adopted 
     pursuant to this Compact as the means to exercise their 
     authority under this Compact.

     The Council may revise the Standard of Review and Decision, 
     after consultation with the Provinces and upon unanimous vote 
     of all Council members, by regulation duly adopted in 
     accordance with Section 3.3 of this Compact and in accordance 
     with each Party's respective statutory authorities and 
     applicable procedures.

     The Council shall identify priorities and develop plans and 
     policies relating to Basin Water resources. It shall adopt 
     and promote uniform and coordinated policies for Water 
     resources conservation and management in the Basin.
     ``Section 3.2. Council Powers.
       ``The Council may: plan; conduct research and collect, 
     compile, analyze, interpret, report and disseminate data on 
     Water resources and uses; forecast Water levels; conduct 
     investigations; institute court actions; design, acquire, 
     construct, reconstruct, own, operate, maintain, control, sell 
     and convey real and personal property and any interest 
     therein as it may deem necessary, useful or convenient to 
     carry out the purposes of this Compact; make contracts; 
     receive and accept such payments, appropriations, grants, 
     gifts, loans, advances and other funds, properties and 
     services as may be transferred or made available to it by any 
     Party or by any other public or private agency, corporation 
     or individual; and, exercise such other and different powers 
     as may be delegated to it by this Compact or otherwise 
     pursuant to law, and have and exercise all powers necessary 
     or convenient to carry out its express powers or which may be 
     reasonably implied therefrom.
     ``Section 3.3. Rules and Regulations.
       ``1. The Council may promulgate and enforce such rules and 
     regulations as may be necessary for the implementation and 
     enforcement of this Compact. The Council may adopt by 
     regulation, after public notice and public hearing, 
     reasonable Application fees with respect to those Proposals 
     for Exceptions that are subject to Council review under 
     Section 4.9. Any rule or regulation of the Council, other 
     than one which deals solely with the internal management of 
     the Council or its property, shall be adopted only after 
     public notice and hearing.
       ``2. Each Party, in accordance with its respective 
     statutory authorities and applicable procedures, may adopt 
     and enforce rules and regulations to implement and enforce 
     this Compact and the programs adopted by such Party to carry 
     out the management programs contemplated by this Compact.
     ``Section 3.4. Program Review and Findings.
       ``1. Each Party shall submit a report to the Council and 
     the Regional Body detailing its Water management and 
     conservation and efficiency programs that implement this 
     Compact. The report shall set out the manner in which Water 
     Withdrawals are managed by sector, Water source, quantity or 
     any other means, and how the provisions of the Standard of 
     Review and Decision and conservation and efficiency programs 
     are implemented. The first report shall be provided by each 
     Party one year from the effective date of this Compact and 
     thereafter every 5 years.
       ``2. The Council, in cooperation with the Provinces, shall 
     review its Water management and conservation and efficiency 
     programs and those of the Parties that are established in 
     this Compact and make findings on whether the Water 
     management program provisions in this Compact are being met, 
     and if not, recommend options to assist the Parties in 
     meeting the provisions of this Compact. Such review shall 
     take place:
       ``a. 30 days after the first report is submitted by all 
     Parties; and,
       ``b. Every five years after the effective date of this 
     Compact; and,
       ``c. At any other time at the request of one of the 
     Parties.
       ``3. As one of its duties and responsibilities, the Council 
     may recommend a range of approaches to the Parties with 
     respect to the development, enhancement and application of 
     Water management and conservation and efficiency programs to 
     implement the Standard of Review and Decision reflecting 
     improved scientific understanding of the Waters of the Basin, 
     including groundwater, and the impacts of Withdrawals on the 
     Basin Ecosystem.

                              ``ARTICLE 4

                   ``WATER MANAGEMENT AND REGULATION

     ``Section 4.1. Water Resources Inventory, Registration and 
     Reporting.
       ``1. Within five years of the effective date of this 
     Compact, each Party shall develop and maintain a Water 
     resources inventory for the collection, interpretation, 
     storage, retrieval exchange, and dissemination of information 
     concerning the Water resources of the Party, including, but 
     not limited to, information on the location, type, quantity, 
     and use of those resources and the location, type, and 
     quantity of Withdrawals, Diversions and Consumptive Uses. To 
     the extent

[[Page S7173]]

     feasible, the Water resources inventory shall be developed in 
     cooperation with local, State, federal, tribal and other 
     private agencies and entities, as well as the Council. Each 
     Party's agencies shall cooperate with that Party in the 
     development and maintenance of the inventory.
       ``2. The Council shall assist each Party to develop a 
     common base of data regarding the management of the Water 
     Resources of the Basin and to establish systematic 
     arrangements for the exchange of those data with other States 
     and Provinces.
       ``3. To develop and maintain a compatible base of Water use 
     information, within five years of the effective date of this 
     Compact any Person who Withdraws Water in an amount of 
     100,000 gallons per day or greater average in any 30-day 
     period (including Consumptive Uses) from all sources, or 
     Diverts Water of any amount, shall register the Withdrawal or 
     Diversion by a date set by the Council unless the Person has 
     previously registered in accordance with an existing State 
     program. The Person shall register the Withdrawal or 
     Diversion with the Originating Party using a form prescribed 
     by the Originating Party that shall include, at a minimum and 
     without limitation: the name and address of the registrant 
     and date of registration; the locations and sources of the 
     Withdrawal or Diversion; the capacity of the Withdrawal or 
     Diversion per day and the amount Withdrawn or Diverted from 
     each source; the uses made of the Water; places of use and 
     places of discharge; and, such other information as the 
     Originating Party may require. All registrations shall 
     include an estimate of the volume of the Withdrawal or 
     Diversion in terms of gallons per day average in any 30-day 
     period.
       ``4. All registrants shall annually report the monthly 
     volumes of the Withdrawal, Consumptive Use and Diversion in 
     gallons to the Originating Party and any other information 
     requested by the Originating Party.
       ``5. Each Party shall annually report the information 
     gathered pursuant to this Section to a Great Lakes--St. 
     Lawrence River Water use data base repository and aggregated 
     information shall be made publicly available, consistent with 
     the confidentiality requirements in Section 8.3.
       ``6. Information gathered by the Parties pursuant to this 
     Section shall be used to improve the sources and applications 
     of scientific information regarding the Waters of the Basin 
     and the impacts of the Withdrawals and Diversions from 
     various locations and Water sources on the Basin Ecosystem, 
     and to better understand the role of groundwater in the 
     Basin. The Council and the Parties shall coordinate the 
     collection and application of scientific information to 
     further develop a mechanism by which individual and 
     Cumulative Impacts of Withdrawals, Consumptive Uses and 
     Diversions shall be assessed.
     ``Section 4.2. Water Conservation and Efficiency Programs.
       ``1. The Council commits to identify, in cooperation with 
     the Provinces, Basin-wide Water conservation and efficiency 
     objectives to assist the Parties in developing their Water 
     conservation and efficiency program. These objectives are 
     based on the goals of:
       ``a. Ensuring improvement of the Waters and Water Dependent 
     Natural Resources;
       ``b. Protecting and restoring the hydrologic and ecosystem 
     integrity of the Basin;
       ``c. Retaining the quantity of surface water and 
     groundwater in the Basin;
       ``d. Ensuring sustainable use of Waters of the Basin; and,
       ``e. Promoting the efficiency of use and reducing losses 
     and waste of Water.
       ``2. Within two years of the effective date of this 
     Compact, each Party shall develop its own Water conservation 
     and efficiency goals and objectives consistent with the 
     Basin-wide goals and objectives, and shall develop and 
     implement a Water conservation and efficiency program, either 
     voluntary or mandatory, within its jurisdiction based on the 
     Party's goals and objectives. Each Party shall annually 
     assess its programs in meeting the Party's goals and 
     objectives, report to the Council and the Regional Body and 
     make this annual assessment available to the public.
       ``3. Beginning five years after the effective date of this 
     Compact, and every five years thereafter, the Council, in 
     cooperation with the Provinces, shall review and modify as 
     appropriate the Basin-wide objectives, and the Parties shall 
     have regard for any such modifications in implementing their 
     programs. This assessment will be based on examining new 
     technologies, new patterns of Water use, new resource demands 
     and threats, and Cumulative Impact assessment under Section 
     4.15.
       ``4. Within two years of the effective date of this 
     Compact, the Parties commit to promote Environmentally Sound 
     and Economically Feasible Water Conservation Measures such 
     as:
       ``a. Measures that promote efficient use of Water;
       ``b. Identification and sharing of best management 
     practices and state of the art conservation and efficiency 
     technologies;
       ``c. Application of sound planning principles;
       ``d. Demand-side and supply-side Measures or incentives; 
     and,
       ``e. Development, transfer and application of science and 
     research.
       ``5. Each Party shall implement in accordance with 
     paragraph 2 above a voluntary or mandatory Water conservation 
     program for all, including existing, Basin Water users. 
     Conservation programs need to adjust to new demands and the 
     potential impacts of cumulative effects and climate.
     ``Section 4.3. Party Powers and Duties.
       ``1. Each Party, within its jurisdiction, shall manage and 
     regulate New or Increased Withdrawals, Consumptive Uses and 
     Diversions, including Exceptions, in accordance with this 
     Compact.
       ``2. Each Party shall require an Applicant to submit an 
     Application in such manner and with such accompanying 
     information as the Party shall prescribe.
       ``3. No Party may approve a Proposal if the Party 
     determines that the Proposal is inconsistent with this 
     Compact or the Standard of Review and Decision or any 
     implementing rules or regulations promulgated thereunder. The 
     Party may approve, approve with modifications or disapprove 
     any Proposal depending on the Proposal's consistency with 
     this Compact and the Standard of Review and Decision.
       ``4. Each Party shall monitor the implementation of any 
     approved Proposal to ensure consistency with the approval and 
     may take all necessary enforcement actions.
       ``5. No Party shall approve a Proposal subject to Council 
     or Regional Review, or both, pursuant to this Compact unless 
     it shall have been first submitted to and reviewed by either 
     the Council or Regional Body, or both, and approved by the 
     Council, as applicable. Sufficient opportunity shall be 
     provided for comment on the Proposal's consistency with this 
     Compact and the Standard of Review and Decision. All such 
     comments shall become part of the Party's formal record of 
     decision, and the Party shall take into consideration any 
     such comments received.
     ``Section 4.4. Requirement for Originating Party Approval.
       ``No Proposal subject to management and regulation under 
     this Compact shall hereafter be undertaken by any Person 
     unless it shall have been approved by the Originating Party.
     ``Section 4.5. Regional Review.
       ``1. General.
       ``a. It is the intention of the Parties to participate in 
     Regional Review of Proposals with the Provinces, as described 
     in this Compact and the Agreement.
       ``b. Unless the Applicant or the Originating Party 
     otherwise requests, it shall be the goal of the Regional Body 
     to conclude its review no later than 90 days after notice 
     under Section 4.5.2 of such Proposal is received from the 
     Originating Party.
       ``c. Proposals for Exceptions subject to Regional Review 
     shall be submitted by the Originating Party to the Regional 
     Body for Regional Review, and where applicable, to the 
     Council for concurrent review.
       ``d. The Parties agree that the protection of the integrity 
     of the Great Lakes - St. Lawrence River Basin Ecosystem shall 
     be the overarching principle for reviewing Proposals subject 
     to Regional Review, recognizing uncertainties with respect to 
     demands that may be placed on Basin Water, including 
     groundwater, levels and flows of the Great Lakes and the St. 
     Lawrence River, future changes in environmental conditions, 
     the reliability of existing data and the extent to which 
     Diversions may harm the integrity of the Basin Ecosystem.
       ``e. The Originating Party shall have lead responsibility 
     for coordinating information for resolution of issues related 
     to evaluation of a Proposal, and shall consult with the 
     Applicant throughout the Regional Review Process.
       ``f. A majority of the members of the Regional Body may 
     request Regional Review of a regionally significant or 
     potentially precedent setting Proposal. Such Regional Review 
     must be conducted, to the extent possible, within the time 
     frames set forth in this Section. Any such Regional Review 
     shall be undertaken only after consulting the Applicant.
       ``2. Notice from Originating Party to the Regional Body.
       ``a. The Originating Party shall determine if a Proposal is 
     subject to Regional Review. If so, the Originating Party 
     shall provide timely notice to the Regional Body and the 
     public.
       ``b. Such notice shall not be given unless and until all 
     information, documents and the Originating Party's Technical 
     Review needed to evaluate whether the Proposal meets the 
     Standard of Review and Decision have been provided.
       ``c. An Originating Party may:
       ``i. Provide notice to the Regional Body of an Application, 
     even if notification is not required; or,
       ``ii. Request Regional Review of an application, even if 
     Regional Review is not required. Any such Regional Review 
     shall be undertaken only after consulting the Applicant.
       ``d. An Originating Party may provide preliminary notice of 
     a potential Proposal.
       ``3. Public Participation.
       ``a. To ensure adequate public participation, the Regional 
     Body shall adopt procedures for the review of Proposals that 
     are subject to Regional Review in accordance with this 
     Article.
       ``b. The Regional Body shall provide notice to the public 
     of a Proposal undergoing Regional Review. Such notice shall 
     indicate that the public has an opportunity to comment in 
     writing to the Regional Body on whether the Proposal meets 
     the Standard of Review and Decision.
       ``c. The Regional Body shall hold a public meeting in the 
     State or Province of the Originating Party in order to 
     receive public comment on the issue of whether the Proposal

[[Page S7174]]

     under consideration meets the Standard of Review and 
     Decision.
       ``d. The Regional Body shall consider the comments received 
     before issuing a Declaration of Finding.
       ``e. The Regional Body shall forward the comments it 
     receives to the Originating Party.
       ``4. Technical Review.
       ``a. The Originating Party shall provide the Regional Body 
     with its Technical Review of the Proposal under 
     consideration.
       ``b. The Originating Party's Technical Review shall 
     thoroughly analyze the Proposal and provide an evaluation of 
     the Proposal sufficient for a determination of whether the 
     Proposal meets the Standard of Review and Decision.
       ``c. Any member of the Regional Body may conduct their own 
     Technical Review of any Proposal subject to Regional Review.
       ``d. At the request of the majority of its members, the 
     Regional Body shall make such arrangements as it considers 
     appropriate for an independent Technical Review of a 
     Proposal.
       ``e. All Parties shall exercise their best efforts to 
     ensure that a Technical Review undertaken under Sections 
     4.5.4.c and 4.5.4.d does not unnecessarily delay the decision 
     by the Originating Party on the Application. Unless the 
     Applicant or the Originating Party otherwise requests, all 
     Technical Reviews shall be completed no later than 60 days 
     after the date the notice of the Proposal was given to the 
     Regional Body.
       ``5. Declaration of Finding.
       ``a. The Regional Body shall meet to consider a Proposal. 
     The Applicant shall be provided with an opportunity to 
     present the Proposal to the Regional Body at such time.
       ``b. The Regional Body, having considered the notice, the 
     Originating Party's Technical Review, any other independent 
     Technical Review that is made, any comments or objections 
     including the analysis of comments made by the public, First 
     Nations and federally recognized Tribes, and any other 
     information that is provided under this Compact shall issue a 
     Declaration of Finding that the Proposal under consideration:
       ``i. Meets the Standard of Review and Decision;
       ``ii. Does not meet the Standard of Review and Decision; 
     or,
       ``iii. Would meet the Standard of Review and Decision if 
     certain conditions were met.
       ``c. An Originating Party may decline to participate in a 
     Declaration of Finding made by the Regional Body.
       ``d. The Parties recognize and affirm that it is preferable 
     for all members of the Regional Body to agree whether the 
     Proposal meets the Standard of Review and Decision.
       ``e. If the members of the Regional Body who participate in 
     the Declaration of Finding all agree, they shall issue a 
     written Declaration of Finding with consensus.
       ``f. In the event that the members cannot agree, the 
     Regional Body shall make every reasonable effort to achieve 
     consensus within 25 days.
       ``g. Should consensus not be achieved, the Regional Body 
     may issue a Declaration of Finding that presents different 
     points of view and indicates each Party's conclusions.
       ``h. The Regional Body shall release the Declarations of 
     Finding to the public.
       ``i. The Originating Party and the Council shall consider 
     the Declaration of Finding before making a decision on the 
     Proposal.
     ``Section 4.6. Proposals Subject to Prior Notice.
       ``1. Beginning no later than five years of the effective 
     date of this Compact, the Originating Party shall provide all 
     Parties and the Provinces with detailed and timely notice and 
     an opportunity to comment within 90 days on any Proposal for 
     a New or Increased Consumptive Use of 5 million gallons per 
     day or greater average in any 90-day period. Comments shall 
     address whether or not the Proposal is consistent with the 
     Standard of Review and Decision. The Originating Party shall 
     provide a response to any such comment received from another 
     Party.
       ``2. A Party may provide notice, an opportunity to comment 
     and a response to comments even if this is not required under 
     paragraph 1 of this Section. Any provision of such notice and 
     opportunity to comment shall be undertaken only after 
     consulting the Applicant.
     ``Section 4.7. Council Actions.
       ``1. Proposals for Exceptions subject to Council Review 
     shall be submitted by the Originating Party to the Council 
     for Council Review, and where applicable, to the Regional 
     Body for concurrent review.
       ``2. The Council shall review and take action on Proposals 
     in accordance with this Compact and the Standard of Review 
     and Decision. The Council shall not take action on a Proposal 
     subject to Regional Review pursuant to this Compact unless 
     the Proposal shall have been first submitted to and reviewed 
     by the Regional Body. The Council shall consider any findings 
     resulting from such review.
     ``Section 4.8. Prohibition of New or Increased Diversions.
       ``All New or Increased Diversions are prohibited, except as 
     provided for in this Article.
     ``Section 4.9. Exceptions to the Prohibition of Diversions.
       ``1. Straddling Communities. A Proposal to transfer Water 
     to an area within a Straddling Community but outside the 
     Basin or outside the source Great Lake Watershed shall be 
     excepted from the prohibition against Diversions and be 
     managed and regulated by the Originating Party provided that, 
     regardless of the volume of Water transferred, all the Water 
     so transferred shall be used solely for Public Water Supply 
     Purposes within the Straddling Community, and:
       ``a. All Water Withdrawn from the Basin shall be returned, 
     either naturally or after use, to the Source Watershed less 
     an allowance for Consumptive Use. No surface water or 
     groundwater from outside the Basin may be used to satisfy any 
     portion of this criterion except if it:
       ``i. Is part of a water supply or wastewater treatment 
     system that combines water from inside and outside of the 
     Basin;
       ``ii. Is treated to meet applicable water quality discharge 
     standards and to prevent the introduction of invasive species 
     into the Basin;
       ``iii. Maximizes the portion of water returned to the 
     Source Watershed as Basin Water and minimizes the surface 
     water or groundwater from outside the Basin;
       ``b. If the Proposal results from a New or Increased 
     Withdrawal of 100,000 gallons per day or greater average over 
     any 90-day period, the Proposal shall also meet the Exception 
     Standard; and,
       ``c. If the Proposal results in a New or Increased 
     Consumptive Use of 5 million gallons per day or greater 
     average over any 90-day period, the Proposal shall also 
     undergo Regional Review.
       ``2. Intra-Basin Transfer. A Proposal for an Intra-Basin 
     Transfer that would be considered a Diversion under this 
     Compact, and not already excepted pursuant to paragraph 1 of 
     this Section, shall be excepted from the prohibition against 
     Diversions, provided that:
       ``a. If the Proposal results from a New or Increased 
     Withdrawal less than 100,000 gallons per day average over any 
     90-day period, the Proposal shall be subject to management 
     and regulation at the discretion of the Originating Party.
       ``b. If the Proposal results from a New or Increased 
     Withdrawal 100,000 gallons per day or greater average over 
     any 90-day period and if the Consumptive Use resulting from 
     the Withdrawal is less than 5 million gallons per day average 
     over any 90-day period:
       ``i. The Proposal shall meet the Exception Standard and be 
     subject to management and regulation by the Originating 
     Party, except that the Water may be returned to another Great 
     Lake watershed rather than the Source Watershed;
       ``ii. The Applicant shall demonstrate that there is no 
     feasible, cost effective, and environmentally sound water 
     supply alternative within the Great Lake watershed to which 
     the Water will be transferred, including conservation of 
     existing water supplies; and,
       ``iii. The Originating Party shall provide notice to the 
     other Parties prior to making any decision with respect to 
     the Proposal.
       ``c. If the Proposal results in a New or Increased 
     Consumptive Use of 5 million gallons per day or greater 
     average over any 90-day period:
       ``i. The Proposal shall be subject to management and 
     regulation by the Originating Party and shall meet the 
     Exception Standard, ensuring that Water Withdrawn shall be 
     returned to the Source Watershed;
       ``ii. The Applicant shall demonstrate that there is no 
     feasible, cost effective, and environmentally sound water 
     supply alternative within the Great Lake watershed to which 
     the Water will be transferred, including conservation of 
     existing water supplies;
       ``iii. The Proposal undergoes Regional Review; and,
       ``iv. The Proposal is approved by the Council. Council 
     approval shall be given unless one or more Council Members 
     vote to disapprove.
       ``3. Straddling Counties. A Proposal to transfer Water to a 
     Community within a Straddling County that would be considered 
     a Diversion under this Compact shall be excepted from the 
     prohibition against Diversions, provided that it satisfies 
     all of the following conditions:
       ``a. The Water shall be used solely for the Public Water 
     Supply Purposes of the Community within a Straddling County 
     that is without adequate supplies of potable water;
       ``b. The Proposal meets the Exception Standard, maximizing 
     the portion of water returned to the Source Watershed as 
     Basin Water and minimizing the surface water or groundwater 
     from outside the Basin;
       ``c. The Proposal shall be subject to management and 
     regulation by the Originating Party, regardless of its size;
       ``d. There is no reasonable water supply alternative within 
     the basin in which the community is located, including 
     conservation of existing water supplies;
       ``e. Caution shall be used in determining whether or not 
     the Proposal meets the conditions for this Exception. This 
     Exception should not be authorized unless it can be shown 
     that it will not endanger the integrity of the Basin 
     Ecosystem;
       ``f. The Proposal undergoes Regional Review; and,
       ``g. The Proposal is approved by the Council. Council 
     approval shall be given unless one or more Council Members 
     vote to disapprove.
     A Proposal must satisfy all of the conditions listed above. 
     Further, substantive consideration will also be given to 
     whether or not the Proposal can provide sufficient 
     scientifically based evidence that the existing water supply 
     is derived from groundwater that is hydrologically 
     interconnected to Waters of the Basin.

[[Page S7175]]

       ``4. Exception Standard. Proposals subject to management 
     and regulation in this Section shall be declared to meet this 
     Exception Standard and may be approved as appropriate only 
     when the following criteria are met:
       ``a. The need for all or part of the proposed Exception 
     cannot be reasonably avoided through the efficient use and 
     conservation of existing water supplies;
       ``b. The Exception will be limited to quantities that are 
     considered reasonable for the purposes for which it is 
     proposed;
       ``c. All Water Withdrawn shall be returned, either 
     naturally or after use, to the Source Watershed less an 
     allowance for Consumptive Use. No surface water or 
     groundwater from the outside the Basin may be used to satisfy 
     any portion of this criterion except if it:
       ``i. Is part of a water supply or wastewater treatment 
     system that combines water from inside and outside of the 
     Basin;
       ``ii. Is treated to meet applicable water quality discharge 
     standards and to prevent the introduction of invasive species 
     into the Basin;
       ``d. The Exception will be implemented so as to ensure that 
     it will result in no significant individual or cumulative 
     adverse impacts to the quantity or quality of the Waters and 
     Water Dependent Natural Resources of the Basin with 
     consideration given to the potential Cumulative Impacts of 
     any precedent-setting consequences associated with the 
     Proposal;
       ``e. The Exception will be implemented so as to incorporate 
     Environmentally Sound and Economically Feasible Water 
     Conservation Measures to minimize Water Withdrawals or 
     Consumptive Use;
       ``f. The Exception will be implemented so as to ensure that 
     it is in compliance with all applicable municipal, State and 
     federal laws as well as regional interstate and international 
     agreements, including the Boundary Waters Treaty of 1909; 
     and,
       ``g. All other applicable criteria in Section 4.9 have also 
     been met.
     ``Section 4.10. Management and Regulation of New or Increased 
     Withdrawals and Consumptive Uses.
       ``1. Within five years of the effective date of this 
     Compact, each Party shall create a program for the management 
     and regulation of New or Increased Withdrawals and 
     Consumptive Uses by adopting and implementing Measures 
     consistent with the Decision-Making Standard. Each Party, 
     through a considered process, shall set and may modify 
     threshold levels for the regulation of New or Increased 
     Withdrawals in order to assure an effective and efficient 
     Water management program that will ensure that uses overall 
     are reasonable, that Withdrawals overall will not result in 
     significant impacts to the Waters and Water Dependent Natural 
     Resources of the Basin, determined on the basis of 
     significant impacts to the physical, chemical, and biological 
     integrity of Source Watersheds, and that all other objectives 
     of the Compact are achieved. Each Party may determine the 
     scope and thresholds of its program, including which New or 
     Increased Withdrawals and Consumptive Uses will be subject to 
     the program.
       ``2. Any Party that fails to set threshold levels that 
     comply with Section 4.10.1 any time before 10 years after the 
     effective date of this Compact shall apply a threshold level 
     for management and regulation of all New or Increased 
     Withdrawals of 100,000 gallons per day or greater average in 
     any 90-day period.
       ``3. The Parties intend programs for New or Increased 
     Withdrawals and Consumptive Uses to evolve as may be 
     necessary to protect Basin Waters. Pursuant to Section 3.4, 
     the Council, in cooperation with the Provinces, shall 
     periodically assess the Water management programs of the 
     Parties. Such assessments may produce recommendations for the 
     strengthening of the programs, including without limitation, 
     establishing lower thresholds for management and regulation 
     in accordance with the Decision-Making Standard.
     ``Section 4.11. Decision-Making Standard.
       ``Proposals subject to management and regulation in Section 
     4.10 shall be declared to meet this Decision-Making Standard 
     and may be approved as appropriate only when the following 
     criteria are met:
       ``1. All Water Withdrawn shall be returned, either 
     naturally or after use, to the Source Watershed less an 
     allowance for Consumptive Use;
       ``2. The Withdrawal or Consumptive Use will be implemented 
     so as to ensure that the Proposal will result in no 
     significant individual or cumulative adverse impacts to the 
     quantity or quality of the Waters and Water Dependent Natural 
     Resources and the applicable Source Watershed;
       ``3. The Withdrawal or Consumptive Use will be implemented 
     so as to incorporate Environmentally Sound and Economically 
     Feasible Water Conservation Measures;
       ``4. The Withdrawal or Consumptive Use will be implemented 
     so as to ensure that it is in compliance with all applicable 
     municipal, State and federal laws as well as regional 
     interstate and international agreements, including the 
     Boundary Waters Treaty of 1909;
       ``5. The proposed use is reasonable, based upon a 
     consideration of the following factors:
       ``a. Whether the proposed Withdrawal or Consumptive Use is 
     planned in a fashion that provides for efficient use of the 
     water, and will avoid or minimize the waste of Water;
       ``b. If the Proposal is for an increased Withdrawal or 
     Consumptive use, whether efficient use is made of existing 
     water supplies;
       ``c. The balance between economic development, social 
     development and environmental protection of the proposed 
     Withdrawal and use and other existing or planned withdrawals 
     and water uses sharing the water source;
       ``d. The supply potential of the water source, considering 
     quantity, quality, and reliability and safe yield of 
     hydrologically interconnected water sources;
       ``e. The probable degree and duration of any adverse 
     impacts caused or expected to be caused by the proposed 
     Withdrawal and use under foreseeable conditions, to other 
     lawful consumptive or non-consumptive uses of water or to the 
     quantity or quality of the Waters and Water Dependent Natural 
     Resources of the Basin, and the proposed plans and 
     arrangements for avoidance or mitigation of such impacts; 
     and,
       ``f. If a Proposal includes restoration of hydrologic 
     conditions and functions of the Source Watershed, the Party 
     may consider that.
     ``Section 4.12. Applicability.
       ``1. Minimum Standard. This Standard of Review and Decision 
     shall be used as a minimum standard. Parties may impose a 
     more restrictive decision-making standard for Withdrawals 
     under their authority. It is also acknowledged that although 
     a Proposal meets the Standard of Review and Decision it may 
     not be approved under the laws of the Originating Party that 
     has implemented more restrictive Measures.
       ``2. Baseline.
       ``a. To establish a baseline for determining a New or 
     Increased Diversion, Consumptive Use or Withdrawal, each 
     Party shall develop either or both of the following lists for 
     their jurisdiction:
       ``i. A list of existing Withdrawal approvals as of the 
     effective date of the Compact;
       ``ii. A list of the capacity of existing systems as of the 
     effective date of this Compact. The capacity of the existing 
     systems should be presented in terms of Withdrawal capacity, 
     treatment capacity, distribution capacity, or other capacity 
     limiting factors. The capacity of the existing systems must 
     represent the state of the systems. Existing capacity 
     determinations shall be based upon approval limits or the 
     most restrictive capacity information.
       ``b. For all purposes of this Compact, volumes of 
     Diversions, Consumptive Uses, or Withdrawals of Water set 
     forth in the list(s) prepared by each Party in accordance 
     with this Section, shall constitute the baseline volume.
       ``c. The list(s) shall be furnished to the Regional Body 
     and the Council within one year of the effective date of this 
     Compact.
       ``3. Timing of Additional Applications. Applications for 
     New or Increased Withdrawals, Consumptive Uses or Exceptions 
     shall be considered cumulatively within ten years of any 
     application.
       ``4. Change of Ownership. Unless a new owner proposes a 
     project that shall result in a Proposal for a New or 
     Increased Diversion or Consumptive Use subject to Regional 
     Review or Council approval, the change of ownership in and of 
     itself shall not require Regional Review or Council approval.
       ``5. Groundwater. The Basin surface water divide shall be 
     used for the purpose of managing and regulating New or 
     Increased Diversions, Consumptive Uses or Withdrawals of 
     surface water and groundwater.
       ``6. Withdrawal Systems. The total volume of surface water 
     and groundwater resources that supply a common distribution 
     system shall determine the volume of a Withdrawal, 
     Consumptive Use or Diversion.
       ``7. Connecting Channels. The watershed of each Great Lake 
     shall include its upstream and downstream connecting 
     channels.
       ``8. Transmission in Water Lines. Transmission of Water 
     within a line that extends outside the Basin as it conveys 
     Water from one point to another within the Basin shall not be 
     considered a Diversion if none of the Water is used outside 
     the Basin.
       ``9. Hydrologic Units. The Lake Michigan and Lake Huron 
     watersheds shall be considered to be a single hydrologic unit 
     and watershed.
       ``10. Bulk Water Transfer. A Proposal to Withdraw Water and 
     to remove it from the Basin in any container greater than 5.7 
     gallons shall be treated under this Compact in the same 
     manner as a Proposal for a Diversion. Each Party shall have 
     the discretion, within its jurisdiction, to determine the 
     treatment of Proposals to Withdraw Water and to remove it 
     from the Basin in any container of 5.7 gallons or less.
     ``Section 4.13. Exemptions.
       ``Withdrawals from the Basin for the following purposes are 
     exempt from the requirements of Article 4.
       ``1. To supply vehicles, including vessels and aircraft, 
     whether for the needs of the persons or animals being 
     transported or for ballast or other needs related to the 
     operation of the vehicles.
       ``2. To use in a non-commercial project on a short-term 
     basis for firefighting, humanitarian, or emergency response 
     purposes.
     ``Section 4.14. U.S. Supreme Court Decree: Wisconsin et al. 
     v. Illinois et al.
       ``1. Notwithstanding any terms of this Compact to the 
     contrary, with the exception of Paragraph 5 of this Section, 
     current, New or Increased Withdrawals, Consumptive Uses and 
     Diversions of Basin Water by the State of Illinois shall be 
     governed by the terms of the United States Supreme Court 
     decree in

[[Page S7176]]

     Wisconsin et al. v. Illinois et al. and shall not be subject 
     to the terms of this Compact nor any rules or regulations 
     promulgated pursuant to this Compact. This means that, with 
     the exception of Paragraph 5 of this Section, for purposes of 
     this Compact, current, New or Increased Withdrawals, 
     Consumptive Uses and Diversions of Basin Water within the 
     State of Illinois shall be allowed unless prohibited by the 
     terms of the United States Supreme Court decree in Wisconsin 
     et al. v. Illinois et al.
       ``2. The Parties acknowledge that the United States Supreme 
     Court decree in Wisconsin et al. v. Illinois et al. shall 
     continue in full force and effect, that this Compact shall 
     not modify any terms thereof, and that this Compact shall 
     grant the parties no additional rights, obligations, remedies 
     or defenses thereto. The Parties specifically acknowledge 
     that this Compact shall not prohibit or limit the State of 
     Illinois in any manner from seeking additional Basin Water as 
     allowed under the terms of the United States Supreme Court 
     decree in Wisconsin et al. v. Illinois et al., any other 
     party from objecting to any request by the State of Illinois 
     for additional Basin Water under the terms of said decree, or 
     any party from seeking any other type of modification to said 
     decree. If an application is made by any party to the Supreme 
     Court of the United States to modify said decree, the Parties 
     to this Compact who are also parties to the decree shall seek 
     formal input from the Canadian Provinces of Ontario and 
     Quebec, with respect to the proposed modification, use best 
     efforts to facilitate the appropriate participation of said 
     Provinces in the proceedings to modify the decree, and shall 
     not unreasonably impede or restrict such participation.
       ``3. With the exception of Paragraph 5 of this Section, 
     because current, New or Increased Withdrawals, Consumptive 
     Uses and Diversions of Basin Water by the State of Illinois 
     are not subject to the terms of this Compact, the State of 
     Illinois is prohibited from using any term of this Compact, 
     including Section 4.9, to seek New or Increased Withdrawals, 
     Consumptive Uses or Diversions of Basin Water.
       ``4. With the exception of Paragraph 5 of this Section, 
     because Sections 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 
     4.11, 4.12 (Paragraphs 1, 2, 3, 4, 6 and 10 only), and 4.13 
     of this Compact all relate to current, New or Increased 
     Withdrawals, Consumptive Uses and Diversions of Basin Waters, 
     said provisions do not apply to the State of Illinois. All 
     other provisions of this Compact not listed in the preceding 
     sentence shall apply to the State of Illinois, including the 
     Water Conservation Programs provision of Section 4.2.
       ``5. In the event of a Proposal for a Diversion of Basin 
     Water for use outside the territorial boundaries of the 
     Parties to this Compact, decisions by the State of Illinois 
     regarding such a Proposal would be subject to all terms of 
     this Compact, except Paragraphs 1, 3 and 4 of this Section.
       ``6. For purposes of the State of Illinois' participation 
     in this Compact, the entirety of this Section 4.14 is 
     necessary for the continued implementation of this Compact 
     and, if severed, this Compact shall no longer be binding on 
     or enforceable by or against the State of Illinois.
     ``Section 4.15. Assessment of Cumulative Impacts.
       ``1. The Parties in cooperation with the Provinces shall 
     collectively conduct within the Basin, on a Lake watershed 
     and St. Lawrence River Basin basis, a periodic assessment of 
     the Cumulative Impacts of Withdrawals, Diversions and 
     Consumptive Uses from the Waters of the Basin, every 5 years 
     or each time the incremental Basin Water losses reach 50 
     million gallons per day average in any 90-day period in 
     excess of the quantity at the time of the most recent 
     assessment, whichever comes first, or at the request of one 
     or more of the Parties. The assessment shall form the basis 
     for a review of the Standard of Review and Decision, Council 
     and Party regulations and their application. This assessment 
     shall:
       ``a. Utilize the most current and appropriate guidelines 
     for such a review, which may include but not be limited to 
     Council on Environmental Quality and Environment Canada 
     guidelines;
       ``b. Give substantive consideration to climate change or 
     other significant threats to Basin Waters and take into 
     account the current state of scientific knowledge, or 
     uncertainty, and appropriate Measures to exercise caution in 
     cases of uncertainty if serious damage may result;
       ``c. Consider adaptive management principles and 
     approaches, recognizing, considering and providing 
     adjustments for the uncertainties in, and evolution of 
     science concerning the Basin's water resources, watersheds 
     and ecosystems, including potential changes to Basin-wide 
     processes, such as lake level cycles and climate.
       ``2. The Parties have the responsibility of conducting this 
     Cumulative Impact assessment. Applicants are not required to 
     participate in this assessment.
       ``3. Unless required by other statutes, Applicants are not 
     required to conduct a separate cumulative impact assessment 
     in connection with an Application but shall submit 
     information about the potential impacts of a Proposal to the 
     quantity or quality of the Waters and Water Dependent Natural 
     Resources of the applicable Source Watershed. An Applicant 
     may, however, provide an analysis of how their Proposal meets 
     the no significant adverse Cumulative Impact provision of the 
     Standard of Review and Decision.

                              ``ARTICLE 5

                         ``TRIBAL CONSULTATION

     ``Section 5.1. Consultation with Tribes.
       ``1. In addition to all other opportunities to comment 
     pursuant to Section 6.2, appropriate consultations shall 
     occur with federally recognized Tribes in the Originating 
     Party for all Proposals subject to Council or Regional Review 
     pursuant to this Compact. Such consultations shall be 
     organized in the manner suitable to the individual Proposal 
     and the laws and policies of the Originating Party.
       ``2. All federally recognized Tribes within the Basin shall 
     receive reasonable notice indicating that they have an 
     opportunity to comment in writing to the Council or the 
     Regional Body, or both, and other relevant organizations on 
     whether the Proposal meets the requirements of the Standard 
     of Review and Decision when a Proposal is subject to Regional 
     Review or Council approval. Any notice from the Council shall 
     inform the Tribes of any meeting or hearing that is to be 
     held under Section 6.2 and invite them to attend. The Parties 
     and the Council shall consider the comments received under 
     this Section before approving, approving with modifications 
     or disapproving any Proposal subject to Council or Regional 
     Review.
       ``3. In addition to the specific consultation mechanisms 
     described above, the Council shall seek to establish 
     mutually-agreed upon mechanisms or processes to facilitate 
     dialogue with, and input from federally recognized Tribes on 
     matters to be dealt with by the Council; and, the Council 
     shall seek to establish mechanisms and processes with 
     federally recognized Tribes designed to facilitate on-going 
     scientific and technical interaction and data exchange 
     regarding matters falling within the scope of this Compact. 
     This may include participation of tribal representatives on 
     advisory committees established under this Compact or such 
     other processes that are mutually-agreed upon with federally 
     recognized Tribes individually or through duly-authorized 
     intertribal agencies or bodies.

                              ``ARTICLE 6

                         ``PUBLIC PARTICIPATION

     ``Section 6.1. Meetings, Public Hearings and Records.
       ``1. The Parties recognize the importance and necessity of 
     public participation in promoting management of the Water 
     Resources of the Basin. Consequently, all meetings of the 
     Council shall be open to the public, except with respect to 
     issues of personnel.
       ``2. The minutes of the Council shall be a public record 
     open to inspection at its offices during regular business 
     hours.
     ``Section 6.2. Public Participation.
       ``It is the intent of the Council to conduct public 
     participation processes concurrently and jointly with 
     processes undertaken by the Parties and through Regional 
     Review. To ensure adequate public participation, each Party 
     or the Council shall ensure procedures for the review of 
     Proposals subject to the Standard of Review and Decision 
     consistent with the following requirements:
       ``1. Provide public notification of receipt of all 
     Applications and a reasonable opportunity for the public to 
     submit comments before Applications are acted upon.
       ``2. Assure public accessibility to all documents relevant 
     to an Application, including public comment received.
       ``3. Provide guidance on standards for determining whether 
     to conduct a public meeting or hearing for an Application, 
     time and place of such a meeting(s) or hearing(s), and 
     procedures for conducting of the same.
       ``4. Provide the record of decision for public inspection 
     including comments, objections, responses and approvals, 
     approvals with conditions and disapprovals.

                              ``ARTICLE 7

                  ``DISPUTE RESOLUTION AND ENFORCEMENT

     ``Section 7.1. Good Faith Implementation.
       ``Each of the Parties pledges to support implementation of 
     all provisions of this Compact, and covenants that its 
     officers and agencies shall not hinder, impair, or prevent 
     any other Party carrying out any provision of this Compact.
     ``Section 7.2. Alternative Dispute Resolution.
       ``1. Desiring that this Compact be carried out in full, the 
     Parties agree that disputes between the Parties regarding 
     interpretation, application and implementation of this 
     Compact shall be settled by alternative dispute resolution.
       ``2. The Council, in consultation with the Provinces, shall 
     provide by rule procedures for the resolution of disputes 
     pursuant to this section.
     ``Section 7.3. Enforcement.
       ``1. Any Person aggrieved by any action taken by the 
     Council pursuant to the authorities contained in this Compact 
     shall be entitled to a hearing before the Council. Any Person 
     aggrieved by a Party action shall be entitled to a hearing 
     pursuant to the relevant Party's administrative procedures 
     and laws. After exhaustion of such administrative remedies, 
     (i) any aggrieved Person shall have the right to judicial 
     review of a Council action in the United States District 
     Courts for the District of Columbia or the District Court in 
     which the Council maintains offices, provided such action is 
     commenced within 90 days; and, (ii) any aggrieved Person 
     shall have the right to judicial review of a Party's action 
     in the relevant Party's court

[[Page S7177]]

     of competent jurisdiction, provided that an action or 
     proceeding for such review is commenced within the time 
     frames provided for by the Party's law. For the purposes of 
     this paragraph, a State or Province is deemed to be an 
     aggrieved Person with respect to any Party action pursuant to 
     this Compact.
       ``2. a. Any Party or the Council may initiate actions to 
     compel compliance with the provisions of this Compact, and 
     the rules and regulations promulgated hereunder by the 
     Council. Jurisdiction over such actions is granted to the 
     court of the relevant Party, as well as the United States 
     District Courts for the District of Columbia and the District 
     Court in which the Council maintains offices. The remedies 
     available to any such court shall include, but not be limited 
     to, equitable relief and civil penalties.
       ``b. Each Party may issue orders within its respective 
     jurisdiction and may initiate actions to compel compliance 
     with the provisions of its respective statutes and 
     regulations adopted to implement the authorities contemplated 
     by this Compact in accordance with the provisions of the laws 
     adopted in each Party's jurisdiction.
       ``3. Any aggrieved Person, Party or the Council may 
     commence a civil action in the relevant Party's courts and 
     administrative systems to compel any Person to comply with 
     this Compact should any such Person, without approval having 
     been given, undertake a New or Increased Withdrawal, 
     Consumptive Use or Diversion that is prohibited or subject to 
     approval pursuant to this Compact.
       ``a. No action under this subsection may be commenced if:
       ``i. The Originating Party or Council approval for the New 
     or Increased Withdrawal, Consumptive Use or Diversion has 
     been granted; or,
       ``ii. The Originating Party or Council has found that the 
     New or Increased Withdrawal, Consumptive Use or Diversion is 
     not subject to approval pursuant to this Compact.
       ``b. No action under this subsection may be commenced 
     unless:
       ``i. A Person commencing such action has first given 60 
     days prior notice to the Originating Party, the Council and 
     Person alleged to be in noncompliance; and,
       ``ii. Neither the Originating Party nor the Council has 
     commenced and is diligently prosecuting appropriate 
     enforcement actions to compel compliance with this Compact.
     The available remedies shall include equitable relief, and 
     the prevailing or substantially prevailing party may recover 
     the costs of litigation, including reasonable attorney and 
     expert witness fees, whenever the court determines that such 
     an award is appropriate.
       ``4. Each of the Parties may adopt provisions providing 
     additional enforcement mechanisms and remedies including 
     equitable relief and civil penalties applicable within its 
     jurisdiction to assist in the implementation of this Compact.

                              ``ARTICLE 8

                        ``ADDITIONAL PROVISIONS

     ``Section 8.1. Effect on Existing Rights.
       ``1. Nothing in this Compact shall be construed to affect, 
     limit, diminish or impair any rights validly established and 
     existing as of the effective date of this Compact under State 
     or federal law governing the Withdrawal of Waters of the 
     Basin.
       ``2. Nothing contained in this Compact shall be construed 
     as affecting or intending to affect or in any way to 
     interfere with the law of the respective Parties relating to 
     common law Water rights.
       ``3. Nothing in this Compact is intended to abrogate or 
     derogate from treaty rights or rights held by any Tribe 
     recognized by the federal government of the United States 
     based upon its status as a Tribe recognized by the federal 
     government of the United States.
       ``4. An approval by a Party or the Council under this 
     Compact does not give any property rights, nor any exclusive 
     privileges, nor shall it be construed to grant or confer any 
     right, title, easement, or interest in, to or over any land 
     belonging to or held in trust by a Party; neither does it 
     authorize any injury to private property or invasion of 
     private rights, nor infringement of federal, State or local 
     laws or regulations; nor does it obviate the necessity of 
     obtaining federal assent when necessary.
     ``Section 8.2. Relationship to Agreements Concluded by the 
     United States of America.
       ``1. Nothing in this Compact is intended to provide nor 
     shall be construed to provide, directly or indirectly, to any 
     Person any right, claim or remedy under any treaty or 
     international agreement nor is it intended to derogate any 
     right, claim, or remedy that already exists under any treaty 
     or international agreement.
       ``2. Nothing in this Compact is intended to infringe nor 
     shall be construed to infringe upon the treaty power of the 
     United States of America, nor shall any term hereof be 
     construed to alter or amend any treaty or term thereof that 
     has been or may hereafter be executed by the United States of 
     America.
       ``3. Nothing in this Compact is intended to affect nor 
     shall be construed to affect the application of the Boundary 
     Waters Treaty of 1909 whose requirements continue to apply in 
     addition to the requirements of this Compact.
     ``Section 8.3. Confidentiality.
       ``1. Nothing in this Compact requires a Party to breach 
     confidentiality obligations or requirements prohibiting 
     disclosure, or to compromise security of commercially 
     sensitive or proprietary information.
       ``2. A Party may take measures, including but not limited 
     to deletion and redaction, deemed necessary to protect any 
     confidential, proprietary or commercially sensitive 
     information when distributing information to other Parties. 
     The Party shall summarize or paraphrase any such information 
     in a manner sufficient for the Council to exercise its 
     authorities contained in this Compact.
     ``Section 8.4. Additional Laws.
       ``Nothing in this Compact shall be construed to repeal, 
     modify or qualify the authority of any Party to enact any 
     legislation or enforce any additional conditions and 
     restrictions regarding the management and regulation of 
     Waters within its jurisdiction.
     ``Section 8.5. Amendments and Supplements.
       ``The provisions of this Compact shall remain in full force 
     and effect until amended by action of the governing bodies of 
     the Parties and consented to and approved by any other 
     necessary authority in the same manner as this Compact is 
     required to be ratified to become effective.
     ``Section 8.6. Severability.
       ``Should a court of competent jurisdiction hold any part of 
     this Compact to be void or unenforceable, it shall be 
     considered severable from those portions of the Compact 
     capable of continued implementation in the absence of the 
     voided provisions. All other provisions capable of continued 
     implementation shall continue in full force and effect.
     ``Section 8.7. Duration of Compact and Termination.
       ``Once effective, the Compact shall continue in force and 
     remain binding upon each and every Party unless terminated. 
     This Compact may be terminated at any time by a majority vote 
     of the Parties. In the event of such termination, all rights 
     established under it shall continue unimpaired.

                              ``ARTICLE 9

                             ``EFFECTUATION

     ``Section 9.1. Repealer.
       ``All acts and parts of acts inconsistent with this act are 
     to the extent of such inconsistency hereby repealed.
     ``Section 9.2. Effectuation by Chief Executive.
       ``The Governor is authorized to take such action as may be 
     necessary and proper in his or her discretion to effectuate 
     the Compact and the initial organization and operation 
     thereunder.
     ``Section 9.3. Entire Agreement.
       ``The Parties consider this Compact to be complete and an 
     integral whole. Each provision of this Compact is considered 
     material to the entire Compact, and failure to implement or 
     adhere to any provision may be considered a material breach. 
     Unless otherwise noted in this Compact, any change or 
     amendment made to the Compact by any Party in its 
     implementing legislation or by the U.S. Congress when giving 
     its consent to this Compact is not considered effective 
     unless concurred in by all Parties.
     ``Section 9.4. Effective Date and Execution.
       ``This Compact shall become binding and effective when 
     ratified through concurring legislation by the states of 
     Illinois, Indiana, Michigan, Minnesota, New York, Ohio and 
     Wisconsin and the Commonwealth of Pennsylvania and consented 
     to by the Congress of the United States. This Compact shall 
     be signed and sealed in nine identical original copies by the 
     respective chief executives of the signatory Parties. One 
     such copy shall be filed with the Secretary of State of each 
     of the signatory Parties or in accordance with the laws of 
     the state in which the filing is made, and one copy shall be 
     filed and retained in the archives of the Council upon its 
     organization. The signatures shall be affixed and attested 
     under the following form:

       ``In Witness Whereof, and in evidence of the adoption and 
     enactment into law of this Compact by the legislatures of the 
     signatory parties and consent by the Congress of the United 
     States, the respective Governors do hereby, in accordance 
     with the authority conferred by law, sign this Compact in 
     nine duplicate original copies, attested by the respective 
     Secretaries of State, and have caused the seals of the 
     respective states to be hereunto affixed this ____ day of 
     (month), (year).'': Now, therefore, be it
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That--
       (1) Congress consents to and approves the interstate 
     compact regarding water resources in the Great Lakes--St. 
     Lawrence River Basin described in the preamble; and
       (2) until a Great Lakes Water Compact is ratified and 
     enforceable, laws in effect as of the date of enactment of 
     this resolution provide protection sufficient to prevent 
     Great Lakes water diversions.

                          ____________________