[Congressional Record Volume 155, Number 147 (Tuesday, October 13, 2009)]
[Senate]
[Pages S10363-S10372]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. LANDRIEU:
  S. 1773. A bill to amend title XVIII of the Social Security Act to 
provide for coverage of comprehensive cancer care planning under the 
Medicare Program and to improve the care furnished to individuals 
diagnosed with cancer by establishing a Medicare hospice care 
demonstration program and grant programs for cancer palliative care and 
symptom management programs, provider education, and related research; 
to the Committee on Finance.
  Ms. LANDRIEU. Mr. President, it is my pleasure today to introduce the 
Comprehensive Cancer Care Improvement Act, a bill to improve cancer 
care quality by encouraging the development of written plans for cancer 
care. The U.S. has a system of cancer care that is the envy of all 
nations for its technical superiority and the sophistication of 
treatment offered to many patients. Unfortunately, not all Americans 
receive the best care the Nation has to offer.
  The Comprehensive Cancer Care Improvement Act would take a step 
towards ensuring that all Americans have access to cancer care of the 
highest quality. The bill would authorize a Medicare service for cancer 
care planning and encourage the adoption of care planning as a routine 
practice in all cancer care settings. The Institute of Medicine, IOM, 
has identified as critical to high-quality cancer care the development 
of plans of care at the beginning of cancer treatment and at the 
transition to survivorship. Moreover, the debate on health care reform 
has highlighted care coordination to improve efficiency and reduce 
unnecessary utilization of health care resources. Care planning 
facilitates the coordination of cancer care.
  The need for this legislation was first brought to my attention in 
dramatic

[[Page S10364]]

fashion in the aftermath of Hurricane Katrina, when cancer patients and 
their physicians scurried to recreate their records in order to 
minimize interruptions in care and to prevent any duplication of care. 
Some of the problems that cancer patients encountered could have been 
eliminated if they had possessed written care plans. In a moving 
statement at a Hill briefing in 2007, one of my constituents described 
her efforts to create her own care plan by grabbing various documents 
that had been supplied by her oncologist as she was being evacuated 
from her home. Although not as useful as a clear care plan, these 
documents helped that patient and her new physician chart her course of 
care. The experience taught us that key recommendations from the IOM 
related to cancer care--and especially the recommendation for cancer 
care planning should be taken off the shelf and put into action.
  There are many advantages of written cancer care plans for patients, 
physicians, and the entire health care system. Patients report that 
they are empowered by receiving care plans that spell out choices, 
facilitate the coordination of treatment and symptom management, and 
identify the follow-up services they will need post-treatment. 
Physicians say that communication with their patients is improved by 
developing and sharing care plans that are clear and concise, and some 
practices that have adopted care planning say that they are observing 
the identification and elimination of duplicative tests and procedures 
and an overall greater efficiency in care, all achieved while enhancing 
quality of care and patient satisfaction.
  The Comprehensive Cancer Care Improvement Act, introduced in the 
House of Representatives by Representatives Lois Capps and Charles 
Boustany, establishes a new Medicare service for cancer care planning 
and authorizes programs that are aimed at increasing the utilization of 
care planning in all cancer care settings and ensuring access to care 
plans by underserved populations. I urge my colleagues to join me in 
cosponsoring this legislation to enhance cancer patients' access to 
quality care.
  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. 1773

       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 
     ``Comprehensive Cancer Care Improvement Act of 2009''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.

     TITLE I--COMPREHENSIVE CANCER CARE UNDER THE MEDICARE PROGRAM

Sec. 101. Coverage of cancer care planning services.
Sec. 102. Demonstration project to provide comprehensive cancer care 
              symptom management services under Medicare.

TITLE II--COMPREHENSIVE PALLIATIVE CARE AND SYMPTOM MANAGEMENT PROGRAMS

Sec. 201. Grants for comprehensive palliative care and symptom 
              management programs.

  TITLE III--PROVIDER EDUCATION REGARDING PALLIATIVE CARE AND SYMPTOM 
                               MANAGEMENT

Sec. 301. Grants to improve health professional education.
Sec. 302. Grants to improve Continuing Professional Education.

      TITLE IV--RESEARCH ON END-OF-LIFE TOPICS FOR CANCER PATIENTS

Sec. 401. Research program.

     SEC. 2. FINDINGS.

       The Congress makes the following findings:
       (1) Individuals with cancer often do not have access to a 
     cancer care system that provides comprehensive and 
     coordinated care of high quality.
       (2) The cancer care system has not traditionally offered 
     individuals with cancer a prospective and comprehensive plan 
     for treatment and symptom management, strategies for updating 
     and evaluating such plan with the assistance of a health care 
     professional, and a follow-up plan for monitoring and 
     treating possible late effects of cancer and its treatment.
       (3) Cancer survivors often experience the under-diagnosis 
     and under-treatment of the symptoms of cancer, a problem that 
     begins at the time of diagnosis and often becomes more severe 
     at the end of life. The failure to treat the symptoms, side 
     effects, and late effects of cancer and its treatment may 
     have a serious adverse impact on the health, well-being, and 
     quality of life of cancer survivors.
       (4) Cancer survivors who are members of racial and ethnic 
     minority groups may face special obstacles in receiving 
     cancer care that is coordinated and includes appropriate 
     management of cancer symptoms and treatment side effects.
       (5) Individuals with cancer are sometimes put in the 
     untenable position of choosing between potentially curative 
     therapies and palliative care instead of being assured access 
     to comprehensive care that includes appropriate treatment and 
     symptom management.
       (6) Comprehensive cancer care should incorporate access to 
     psychosocial services and management of the symptoms of 
     cancer (and the symptoms of its treatment), including pain, 
     nausea and vomiting, fatigue, and depression.
       (7) Comprehensive cancer care should include a means for 
     providing cancer survivors with a comprehensive care summary 
     and a plan for follow-up care after primary treatment to 
     ensure that cancer survivors have access to follow-up 
     monitoring and treatment of possible late effects of cancer 
     and cancer treatment.
       (8) The Institute of Medicine report, ``Ensuring Quality 
     Cancer Care'', described the elements of quality care for an 
     individual with cancer to include--
       (A) the development of initial treatment recommendations by 
     an experienced health care provider;
       (B) the development of a plan for the course of treatment 
     of the individual and communication of the plan to the 
     individual;
       (C) access to the resources necessary to implement the 
     course of treatment;
       (D) access to high-quality clinical trials;
       (E) a mechanism to coordinate services for the treatment of 
     the individual; and
       (F) psychosocial support services and compassionate care 
     for the individual.
       (9) In its report, ``From Cancer Patient to Cancer 
     Survivor: Lost in Transition'', the Institute of Medicine 
     recommended that individuals with cancer completing primary 
     treatment be provided a comprehensive summary of their care 
     along with a follow-up survivorship plan of treatment.
       (10) Since more than half of all cancer diagnoses occur 
     among elderly Medicare beneficiaries, the problems of 
     providing cancer care are problems of the Medicare program.
       (11) Shortcomings in providing cancer care, resulting in 
     inadequate management of cancer symptoms and insufficient 
     monitoring and treatment of late effects of cancer and its 
     treatment, are related to problems of Medicare payments for 
     such care, inadequate professional training, and insufficient 
     investment in research on symptom management.
       (12) Changes in Medicare payment for comprehensive cancer 
     care, enhanced public and professional education regarding 
     symptom management, and more research related to symptom 
     management and palliative care will enhance patient decision-
     making about treatment options and will contribute to 
     improved care for individuals with cancer from the time of 
     diagnosis of the individual through the end of the life of 
     the individual.

     TITLE I--COMPREHENSIVE CANCER CARE UNDER THE MEDICARE PROGRAM

     SEC. 101. COVERAGE OF CANCER CARE PLANNING SERVICES.

       (a) In General.--Section 1861 of the Social Security Act 
     (42 U.S.C. 1395x) is amended--
       (1) in subsection (s)(2)--
       (A) by striking ``and'' at the end of subparagraph (DD);
       (B) by adding ``and'' at the end of subparagraph (EE); and
       (C) by adding at the end the following new subparagraph:
       ``(FF) comprehensive cancer care planning services (as 
     defined in subsection (hhh));''; and
       (2) by adding at the end the following new subsection:

             ``Comprehensive Cancer Care Planning Services

       ``(hhh)(1) The term `comprehensive cancer care planning 
     services' means--
       ``(A) with respect to an individual who is diagnosed with 
     cancer, the development of a plan of care that--
       ``(i) details, to the greatest extent practicable, all 
     aspects of the care to be provided to the individual, with 
     respect to the treatment of such cancer, including any 
     curative treatment and comprehensive symptom management (such 
     as palliative care) involved;
       ``(ii) is furnished in written form to the individual in 
     person within a period specified by the Secretary that is as 
     soon as practicable after the date on which the individual is 
     so diagnosed;
       ``(iii) is furnished, to the greatest extent practicable, 
     in a form that appropriately takes into account cultural and 
     linguistic needs of the individual in order to make the plan 
     accessible to the individual; and
       ``(iv) is in accordance with standards determined by the 
     Secretary to be appropriate;
       ``(B) with respect to an individual for whom a plan of care 
     has been developed under subparagraph (A), the revision of 
     such plan of care as necessary to account for any substantial 
     change in the condition of the individual, if such revision--
       ``(i) is in accordance with clauses (i) and (iii) of such 
     subparagraph; and
       ``(ii) is furnished in written form to the individual 
     within a period specified by the Secretary that is as soon as 
     practicable after the date of such revision;

[[Page S10365]]

       ``(C) with respect to an individual who has completed the 
     primary treatment for cancer, as defined by the Secretary 
     (such as completion of chemotherapy or radiation treatment), 
     the development of a follow-up cancer care plan that--
       ``(i) describes the elements of the primary treatment, 
     including symptom management, furnished to such individual;
       ``(ii) provides recommendations for the subsequent care of 
     the individual with respect to the cancer involved;
       ``(iii) is furnished in written form to the individual in 
     person within a period specified by the Secretary that is as 
     soon as practicable after the completion of such primary 
     treatment;
       ``(iv) is furnished, to the greatest extent practicable, in 
     a form that appropriately takes into account cultural and 
     linguistic needs of the individual in order to make the plan 
     accessible to the individual; and
       ``(v) is in accordance with standards determined by the 
     Secretary to be appropriate; and
       ``(D) with respect to an individual for whom a follow-up 
     cancer care plan has been developed under subparagraph (C), 
     the revision of such plan as necessary to account for any 
     substantial change in the condition of the individual, if 
     such revision--
       ``(i) is in accordance with clauses (i), (ii), and (iv) of 
     such subparagraph; and
       ``(ii) is furnished in written form to the individual 
     within a period specified by the Secretary that is as soon as 
     practicable after the date of such revision.
       ``(2) The Secretary shall establish standards to carry out 
     paragraph (1) in consultation with appropriate organizations 
     representing providers of services related to cancer 
     treatment and organizations representing survivors of cancer. 
     Such standards shall include standards for determining the 
     need and frequency for revisions of the plans of care and 
     follow-up plans based on changes in the condition of the 
     individual and standards for the communication of the plan to 
     the patient.''.
       (b) Payment.--Section 1833(a)(1) of the Social Security Act 
     (42 U.S.C. 1395l(a)(1)) is amended by striking ``and'' before 
     ``(W)'' and inserting before the semicolon at the end the 
     following: ``, and (X) with respect to comprehensive cancer 
     care planning services described in any of subparagraphs (A) 
     through (D) of section 1861(hhh)(1), the amount paid shall be 
     an amount equal to the sum of (i) the national average amount 
     under the physician fee schedule established under section 
     1848 for a new patient office consultation of the highest 
     level of service in the non-facility setting, and (ii) the 
     national average amount under such fee schedule for a 
     physician certification described in section 1814(a)(2) for 
     home health services furnished to an individual by a home 
     health agency under a home health plan of care''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to services furnished on or after the first day 
     of the first calendar year that begins after the date of the 
     enactment of this Act.

     SEC. 102. DEMONSTRATION PROJECT TO PROVIDE COMPREHENSIVE 
                   CANCER CARE SYMPTOM MANAGEMENT SERVICES UNDER 
                   MEDICARE.

       (a) In General.--Beginning not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Health and Human Services (in this section referred to as the 
     ``Secretary'') shall conduct a two-year demonstration project 
     (in this section referred to as the ``demonstration 
     project'') under title XVIII of the Social Security Act under 
     which payment shall be made under such title for 
     comprehensive cancer care symptom management services, 
     including items and services described in subparagraphs (A) 
     through (I) of section 1861(dd)(1) of the Social Security 
     Act, furnished by an eligible entity, in accordance with a 
     plan developed under subparagraph (A) or (C) of section 
     1861(hhh)(1) of such Act, as added by section 101(a). 
     Sections 1812(d) and 1814(a)(7) of such Act (42 U.S.C. 
     1395d(d), 1395f(a)(7)) are not applicable to items and 
     services furnished under the demonstration project. 
     Participation of Medicare beneficiaries in the demonstration 
     project shall be voluntary.
       (b) Qualifications and Selection of Eligible Entities.--
       (1) Qualifications.--For purposes of subsection (a), the 
     term ``eligible entity'' means an entity (such as a cancer 
     center, hospital, academic health center, hospice program, 
     physician practice, school of nursing, visiting nurse 
     association, or other home health agency) that the Secretary 
     determines is capable, directly or through an arrangement 
     with a hospice program (as defined in section 1861(dd)(2) of 
     the Social Security Act (42 U.S.C. 1395x(dd)(2))), of 
     providing the items and services described in such 
     subsection.
       (2) Selection.--The Secretary shall select not more than 10 
     eligible entities to participate in the demonstration 
     project. Such entities shall be selected in a manner so that 
     the demonstration project is conducted in different regions 
     across the United States and in urban and rural locations.
       (c) Evaluation and Report.--
       (1) Evaluation.--The Secretary shall conduct a 
     comprehensive evaluation of the demonstration project to 
     determine--
       (A) the effectiveness of the project in improving patient 
     outcomes;
       (B) the cost of providing comprehensive symptom management, 
     including palliative care, from the time of diagnosis;
       (C) the effect of comprehensive cancer care planning and 
     the provision of comprehensive symptom management on patient 
     outcomes, cancer care expenditures, and the utilization of 
     hospitalization and emergent care services; and
       (D) potential savings to the Medicare program demonstrated 
     by the project.
       (2) Report.--Not later than the date that is one year after 
     the date on which the demonstration project concludes, the 
     Secretary shall submit to Congress a report on the evaluation 
     conducted under paragraph (1).

TITLE II--COMPREHENSIVE PALLIATIVE CARE AND SYMPTOM MANAGEMENT PROGRAMS

     SEC. 201. GRANTS FOR COMPREHENSIVE PALLIATIVE CARE AND 
                   SYMPTOM MANAGEMENT PROGRAMS.

       (a) In General.--The Secretary of Health and Human Services 
     shall make grants to eligible entities for the purpose of--
       (1) establishing a new palliative care and symptom 
     management program for cancer patients; or
       (2) expanding an existing palliative care and symptom 
     management program for cancer patients.
       (b) Authorized Activities.--Activities funded through a 
     grant under this section may include--
       (1) securing consultative services and advice from 
     institutions with extensive experience in developing and 
     managing comprehensive palliative care and symptom management 
     programs;
       (2) expanding an existing program to serve more patients or 
     enhance the range or quality of services, including cancer 
     treatment patient education services, that are provided;
       (3) developing a program that would ensure the inclusion of 
     cancer treatment patient education in the coordinated cancer 
     care model; and
       (4) establishing an outreach program to partner with an 
     existing comprehensive care program and obtain expert 
     consultative services and advice.
       (c) Distribution of Funds.--In making grants and 
     distributing the funds under this section, the Secretary 
     shall ensure that--
       (1) two-thirds of the funds appropriated to carry out this 
     section for each fiscal year are used for establishing new 
     palliative care and symptom management programs, of which not 
     less than half of such two-thirds shall be for programs in 
     medically underserved communities to address issues of racial 
     and ethnic disparities in access to cancer care; and
       (2) one-third of the funds appropriated to carry out this 
     section for each fiscal year are used for expanding existing 
     palliative care and symptom management programs.
       (d) Definitions.--In this section:
       (1) The term ``eligible entity'' includes--
       (A) an academic medical center, a cancer center, a 
     hospital, a school of nursing, or a health system capable of 
     administering a palliative care and symptom management 
     program for cancer patients;
       (B) a physician practice with care teams, including nurses 
     and other professionals trained in palliative care and 
     symptom management;
       (C) a visiting nurse association or other home care agency 
     with experience administering a palliative care and symptom 
     management program;
       (D) a hospice; and
       (E) any other health care agency or entity, as the 
     Secretary determines appropriate.
       (2) The term ``medically underserved community'' has the 
     meeting given to that term in section 799B(6) of the Public 
     Health Service Act (42 U.S.C. 295p(6)).
       (3) The term ``Secretary'' means the Secretary of Health 
     and Human Services.
       (e) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated such sums as 
     may be necessary for each of the fiscal years 2010 through 
     2014.

  TITLE III--PROVIDER EDUCATION REGARDING PALLIATIVE CARE AND SYMPTOM 
                               MANAGEMENT

     SEC. 301. GRANTS TO IMPROVE HEALTH PROFESSIONAL EDUCATION.

       (a) In General.--The Secretary of Health and Human Services 
     shall make grants to eligible entities to enable the entities 
     to improve the quality of graduate and postgraduate training 
     of physicians, nurses, and other health care providers in 
     palliative care and symptom management for cancer patients.
       (b) Application.--To seek a grant under this section, an 
     eligible entity shall submit an application at such time, in 
     such manner, and containing such information as the Secretary 
     may require. At a minimum, the Secretary shall require that 
     each such application demonstrate--
       (1) the ability to incorporate palliative care and symptom 
     management into training programs; and
       (2) the ability to collect and analyze data related to the 
     effectiveness of educational efforts.
       (c) Evaluation.--The Secretary shall develop and implement 
     a plan for evaluating the effects of professional training 
     programs funded through this section.
       (d) Definitions.--In this section:
       (1) The term ``eligible entity'' means a cancer center 
     (including an NCI-designated cancer center), an academic 
     health center, a physician practice, a school of nursing, or 
     a visiting nurse association or other home care agency.
       (2) The term ``NCI-designated cancer center'' means a 
     cancer center receiving funds

[[Page S10366]]

     through a P30 Cancer Center Support Grant of the National 
     Cancer Institute.
       (3) The term ``Secretary'' means the Secretary of Health 
     and Human Services.
       (e) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated such sums as 
     may be necessary for each of the fiscal years 2010 through 
     2014.

     SEC. 302. GRANTS TO IMPROVE CONTINUING PROFESSIONAL 
                   EDUCATION.

       (a) In General.--The Secretary of Health and Human Services 
     shall make grants to eligible entities to improve the quality 
     of continuing professional education provided to qualified 
     individuals regarding palliative care and symptom management.
       (b) Application.--To seek a grant under this section, an 
     eligible entity shall submit an application at such time, in 
     such manner, and containing such information as the Secretary 
     may require. At a minimum, the Secretary shall require that 
     each such application demonstrate--
       (1) experience in sponsoring continuing professional 
     education programs;
       (2) the ability to reach health care providers and other 
     professionals who are engaged in cancer care;
       (3) the capacity to develop innovative training programs; 
     and
       (4) the ability to evaluate the effectiveness of 
     educational efforts.
       (c) Evaluation.--The Secretary shall develop and implement 
     a plan for evaluating the effects of continuing professional 
     education programs funded through this section.
       (d) Definitions.--In this section:
       (1) The term ``eligible entity'' means a cancer center 
     (including an NCI-designated cancer center), an academic 
     health center, a school of nursing, or a professional society 
     that supports continuing professional education programs.
       (2) The term ``NCI-designated cancer center'' means a 
     cancer center receiving funds through a P30 Cancer Center 
     Support Grant of the National Cancer Institute.
       (3) The term ``qualified individual'' means a physician, 
     nurse, social worker, chaplain, psychologist, or other 
     individual who is involved in providing palliative care and 
     symptom management services to cancer patients.
       (4) The term ``Secretary'' means the Secretary of Health 
     and Human Services.
       (e) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated such sums as 
     may be necessary for each of the fiscal years 2010 through 
     2014.

      TITLE IV--RESEARCH ON END-OF-LIFE TOPICS FOR CANCER PATIENTS

     SEC. 401. RESEARCH PROGRAM.

       (a) In General.--The Director of the National Institutes of 
     Health shall establish a program of grants for research on 
     palliative care, symptom management, communication skills, 
     and other end-of-life topics for cancer patients.
       (b) Inclusion of National Research Institutes.--In carrying 
     out the program established under this section, the Director 
     should provide for the participation of the National Cancer 
     Institute, the National Institute of Nursing Research, and 
     any other national research institute that has been engaged 
     in research described in subsection (a).
       (c) Definitions.--In this section:
       (1) The term ``Director'' means the Director of the 
     National Institutes of Health.
       (2) The term ``national research institute'' has the 
     meaning given to that term in section 401(g) of the Public 
     Health Service Act (42 U.S.C. 281(g)).
       (d) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated such sums as 
     may be necessary for each of the fiscal years 2010 through 
     2014.
                                 ______
                                 
      By Mr. WEBB (for himself, Mr. Alexander, Mr. Corker, and Mr. 
        Udall of Colorado).
  S. 1774. A bill for the relief of Hotaru Nakama Ferschke; to the 
Committee on the Judiciary.
  Mr. WEBB. Mr. President, we are debating a lot of great long-term 
issues in this body. I wish to speak for a short period of time today 
about something on the other end of the political spectrum, about 
something that I believe is an issue--a small issue--a private bill 
that all of us should come together on in rather quick measure.
  Every now and then, there comes an issue that tells us a lot about 
who we are and how we live up to our promises, great and small, and 
particularly the promises that we make to those who step forward and 
place their lives on the line in order to carry out the policies that 
we ourselves put in place.
  Like all of the Members of this body, I take a back seat to no one in 
my affection and support for the people who step forward and serve our 
country. I come from a family that has a long citizen-soldier 
tradition. I have several ancestors--direct ancestors--who fought in 
the American Revolution, and we have participated as citizen-soldiers 
in just about every war since then.
  My colleagues know how strongly I feel about the U.S. Marine Corps. I 
had the great privilege of commanding marines in combat in Vietnam. My 
brother was a marine. My son is a marine. My son-in-law is a marine.
  Many of my colleagues know of my long association with the people of 
Okinawa, beginning almost 41 years ago when I first was there on my way 
into Vietnam, but continuing as a journalist, as a government official, 
as a tourist, as a guest of the government.
  As most of my colleagues know, in my nongovernment service, I 
principally made my living as a writer, as a novelist. All of these 
issues dovetail in this private bill that I and the two Senators from 
Tennessee are introducing today.
  In the first novel I wrote, which was about the Vietnam war, a 
subplot was about a young marine who fell in love with an Okinawan girl 
and who, after being wounded, went back into Vietnam, had left her with 
child, and was killed. She, not knowing this, bore the burden of 
carrying his son without having been formally married to this young 
marine. Flash forward 40 years to the future and to a different war, 
and we have a situation that I believe needs some prompt action on our 
part.
  This private bill is not asking for any favors. It is not asking for 
any special consideration. It is simply asking that the young widow of 
a marine be treated like any other widow.
  SGT Michael Ferschke, a 22-year-old marine, had been serving in 
Okinawa and had met Hotaru Nakama. They dated for a year before he 
deployed to Iraq. Just before he deployed, they found out that she was 
with child. They had, by all independent verifications, agreed that 
they would be married before they discovered she had been with child. 
He deployed to Iraq, and due to the circumstances of his combat time, 
they arranged to be married by telephone on July 10, 2008, when he was 
in Iraq. One month later to the day, he was killed.
  That marriage is a marriage that is recognized, including in the 
State of Virginia, as a valid marriage. And yet because of an 
idiosyncracy in our immigration laws that dates back 55 years, the 
Department of Homeland Security, for immigration purposes, will not 
recognize this marriage.
  This quirk in the law was put into place during the Korean war in 
order to prevent fraudulent marriages that had never been consummated. 
But clearly in this case, this is a marriage that could not be 
consummated because this young man was serving our country in Iraq. 
They have a child.
  Every agency of the U.S. Government has done everything they can on 
this young widow's behalf. She is staying with the young marine's 
family in Tennessee on a tourist visa. The Department of Homeland 
Security, the Department of State, the U.S. Marine Corps--all have been 
as helpful as they can be in assisting this marine's young widow in her 
desire to have permanent immigration status in this country. There is 
no way it can happen under present law because of the peculiarities of 
the law. There is only one way that can happen, and that is if we pass 
a special bill that will do only one thing, and that is to give her the 
exact status that she would have had if they had been standing next to 
each other when they exchanged their vows in marriage. And there is 
only one reason they were not standing next to each other when they 
exchanged their vows in marriage, and that is because he was serving 
his country in Iraq.
  I earnestly hope that all of this body and the other body can come 
together and remove this idiosyncracy from the lives of these people 
who have suffered so much because Michael Ferschke, sergeant, U.S. 
Marine Corps, stepped forward and did what we asked him to do and 
served our country.
                                 ______
                                 
      By Ms. STABENOW:
  S. 1776. A bill to amend title XVIII of the Social Security Act to 
provide for the update under the Medicare physician fee schedule for 
years beginning with 2010 and to sunset the application of the 
sustainable growth rate formula, and for other purposes; read the first 
time.
  Ms. STABENOW. Mr. President, I rise for just a moment because I am 
introducing a bill today that I will speak more about at another time, 
but it is a very important bill for the physicians of this country.
  We have had a failed, flawed payment system in place for many years 
as it relates to physicians, and we come back

[[Page S10367]]

every year, in fact, and stop the cuts that are proposed under that 
flawed system to make sure we are not putting our physicians in harm's 
way as it relates to their Medicare reimbursements.
  This has gone on year after year after year after year. We all know 
that the sustainable growth rate process is flawed and yet we have not 
fixed it permanently. So the legislation I have would, in fact, fix 
this permanently and guarantee we are stopping this cycle that we put 
our physicians and hospitals through every year, where there may be a 
cut, there may not be a cut, and in the end we have to come in and fix 
it.
  So this is a bill that would permanently change the payment system 
for physicians to a fairer system. It does have a cost to it. It is 
less than it was prior to the very positive action the Secretary of 
Health and Human Services took a few weeks ago, removing the costs of 
medicine from the formula. It should never have been there in the first 
place. But by removing that, that means the overall costs are less than 
they otherwise would be.
  But it is important we get this right, we fix what has been a very 
flawed system. As we go into the health care reform debate, I think it 
is important we get this done right first so every physician 
understands we are not going to put them in this position year after 
year after year.
                                 ______
                                 
      By Mr. UDALL of Colorado:
  S. 1777. A bill to facilitate the remediation of abandoned hardrock 
mines, and for other purposes; to the Committee on Environment and 
Public Works.
  Mr. UDALL of Colorado. Mr. President, I rise tonight to announce that 
I am introducing legislation designed to help promote the cleanup of 
abandoned and inactive hard rock mines that are a menace to the 
environment and public health throughout the country, but especially to 
the West.
  In previous sessions of Congress when I was a Member of the House of 
Representatives, I introduced similar bills. Following the introduction 
of those previous bills, revisions were made to incorporate a number of 
changes developed in consultation with a wide range of interested 
parties. These parties included representatives of the Western 
Governors' Association, the Environmental Protection Agency, the 
hardrock mining industry, and environmental groups.
  The bill I am introducing today is also the product of further 
consultations. It represents years of effort to reach agreement on 
establishing a program to advance the cleanup of polluted water from 
abandoned mines.
  For over one hundred years, miners and prospectors have searched for 
and developed valuable hardrock minerals, such as gold, silver, and 
copper. Hardrock mining has played a key role in the history of 
Colorado and many other States. The resulting mineral wealth has been 
an important aspect of our economy and the development of essential 
products that we all take for granted.
  However, as all westerners know, this history has too often been 
marked by a series of ``boom'' times followed by ``busts,'' when mines 
were no longer profitable. When these busts came, too often the miners 
would abandon their work and move on, seeking riches over the next 
mountain. The resulting legacy of unsafe open mine shafts and acid mine 
drainages can be seen throughout the country and especially on the 
Western public lands where mineral development was encouraged to help 
settle our region.
  The problems caused by abandoned and inactive mines are very real and 
very large. They include acidic water draining from old tunnels; heavy 
metals leaching into streams, killing fish and tainting water supplies; 
open vertical mine shafts; dangerous highwalls; large open pits; waste 
rock piles that are unsightly and dangerous; and hazardous dilapidated 
structures.
  Unfortunately, many of our current environmental laws, designed to 
mitigate the impact from operating hard rock mines, are of limited 
effectiveness when they are applied to abandoned and inactive mines. As 
a result, many of these old mines go on polluting streams and rivers 
and potentially risking the health of people who live nearby or 
downstream.
  Right now, there are two serious obstacles to progress. One is a 
serious lack of funds for cleaning up sites for which no private person 
or entity can be held liable. The other obstacle is legal.
  While the Clean Water Act is one of the most effective and important 
of our environmental laws, as applied to abandoned hard rock mines, it 
can mean that someone undertaking to clean up an abandoned or inactive 
mine will be exposed to the same liability that would apply to a party 
responsible for creating the site's problems in the first place. As a 
result, would-be Good Samaritans understandably have been unwilling to 
volunteer their services to clean up abandoned and inactive mines.
  The Governors of our Western States have recognized the need for 
action to address this serious problem. They have adopted bipartisan 
resolutions on this subject, such as the position adopted in the 2007 
resolution entitled ``Cleaning Up Abandoned Mines.'' In this 
resolution, the Governors urged Congress to take action to address 
liability issues and funding concerns. The Governors sent a letter in 
November 2007 expressing support for the previous version of the bill I 
am introducing today.
  The bill I am filing today will help address this impediment and make 
it easier for volunteers, who had no role in creating the problem, to 
help clean up these sites and improve the environment. It does so by 
providing a new permit program whereby volunteers can, under an 
approved plan, reduce the water pollution flowing from an abandoned 
mine. At the same time, volunteers will not be exposed to the full 
liability and ongoing responsibility provisions of the Clean Water Act.
  Unlike other bills that have been introduced on this topic, my bill 
only addresses Clean Water Act liability and does not waive any other 
environmental law. This is because I do not believe we have to go that 
far. There are administrative avenues and options available to Good 
Samaritans to address compliance without other environmental laws that 
may apply at these sites. However, such administrative options are not 
available for Clean Water Act liability. So my bill only addresses this 
restriction on moving forward on projects to clean up water releases.
  The new permit proposed in my bill would help address problems that 
have frustrated Federal and State agencies throughout the country. As 
population growth continues near these old mines, more and more risks 
to public health and safety are likely to occur. We simply must begin 
to address this issue, not only to improve the environment but also to 
ensure that our water supplies are safe and usable.
  Let me be clear, the bill does not address all the concerns some 
would-be Good Samaritan may have about initiating cleanup projects. I 
am committed to continue working to address those additional concerns 
through additional legislation and in other ways. But the bill I am 
filing today can make a real difference, and I think it deserves 
approval without unnecessary delay.
  Mr. President, I ask unanimous consent to have printed in the Record 
a longer version of my statement.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       Mr. UDALL of Colorado. Mr. President, today I am 
     introducing legislation designed to help promote the cleanup 
     of abandoned and inactive hardrock mines that are a menace to 
     the environment and public health throughout the country, but 
     especially in the West.
       In the 107, 108, 109, and 110 Congresses, I introduced 
     similar bills aimed at that result. Following the bill's 
     first introduction in the 107 Congress, revisions were made 
     to incorporate a number of changes developed in consultation 
     with interested parties, including representatives of the 
     Western Governors' Association, the Environmental Protection 
     Agency, the hardrock mining industry, and environmental 
     groups.
       The bill I am introducing today is also the product of 
     further consultations. It represents years of effort to reach 
     agreement on establishing a program to advance the cleanup of 
     polluted water from abandoned mines.
       For over one hundred years, miners and prospectors have 
     searched for and developed valuable ``hardrock'' minerals--
     gold, silver, copper, molybdenum, and others. Hardrock mining 
     has played a key role in the history of Colorado and other 
     states, and the resulting mineral wealth has been an 
     important aspect of our economy and the development of 
     essential products. However, as all westerners know, this 
     history has too often been

[[Page S10368]]

     marked by a series of ``boom'' times followed by ``busts'' 
     when mines were no longer profitable. When these busts came, 
     too often the miners would abandon their work and move on, 
     seeking riches over the next mountain. The resulting legacy 
     of unsafe open mine shafts and acid mine drainages can be 
     seen throughout the country and especially on the western 
     public lands where mineral development was encouraged to help 
     settle our region.
       The problems caused by abandoned and inactive mines are 
     very real and very large--including acidic water draining 
     from old tunnels; heavy metals leaching into streams, killing 
     fish and tainting water supplies; open vertical mine shafts; 
     dangerous highwalls; large open pits; waste rock piles that 
     are unsightly and dangerous; and hazardous dilapidated 
     structures.
       Unfortunately, many of our current environmental laws, 
     designed to mitigate the impact from operating hardrock 
     mines, are of limited effectiveness when applied to abandoned 
     and inactive mines. As a result, many of these old mines go 
     on polluting streams and rivers and potentially risking the 
     health of people who live nearby or downstream.
       Right now there are two serious obstacles to progress. One 
     is a serious lack of funds for cleaning up sites for which no 
     private person or entity can be held liable. The other 
     obstacle is legal.
       While the Clean Water Act is one of the most effective and 
     important of our environmental laws, as applied it can mean 
     that someone undertaking to clean up an abandoned or inactive 
     mine will be exposed to the same liability that would apply 
     to a party responsible for creating the site's problems in 
     the first place. As a result, would-be ``good Samaritans'' 
     understandably have been unwilling to volunteer their 
     services to clean up abandoned and inactive mines.
       Unless these fiscal and legal obstacles are overcome, often 
     the only route to clean up abandoned mines will be to place 
     them on the nation's Superfund list. Colorado has experience 
     with that approach, so Coloradans know that while it can be 
     effective, it also has shortcomings. For one thing, just 
     being placed on the Superfund list does not guarantee prompt 
     cleanup. The site will have to get in line behind other 
     listed sites and await the availability of financial 
     resources.
       We need to develop an alternative approach that will mean 
     we are not left only with the options of doing nothing or 
     creating additional Superfund sites--because while in some 
     cases the Superfund approach may make the most sense, in many 
     others there could be a more direct and effective way to 
     remedy the problem.
       The Governors of our western States have recognized the 
     need for action to address this serious problem. The Western 
     Governors' Association has several times adopted resolutions 
     on this subject, such as its most recent resolution in 2007 
     entitled Cleaning Up Abandoned Mines, wherein the governors 
     urge Congress to take action to address liability issues and 
     funding concerns. WGA also sent a letter in November 2007 
     expressing support for the previous version on the bill I am 
     introducing today.
       The bill I am filing today responds to a legal obstacle, 
     the potential liability under the Clean Water Act that now 
     deters many would-be ``good Samaritans'' from undertaking 
     efforts to clean up abandoned hardrock mines. Unlike other 
     bills that have been introduced on this topic, my bill only 
     addresses Clean Water Act liability and does not waive any 
     other environmental law. That's because I do not believe that 
     we need to go that far. There are administrative avenues and 
     options available to good Samaritans to address compliance 
     with other environmental laws that may apply at these sites. 
     However, such administrative options are not available for 
     Clean Water Act liability, and so my bill only addresses this 
     restriction on moving forward on projects to clean up water 
     releases.
       To help the efforts of ``good Samaritans,'' this bill would 
     create a new program under the Clean Water Act under which 
     qualifying individuals and entities could obtain permits to 
     conduct cleanups of abandoned or inactive hardrock mines. 
     These permits would give some liability protection to those 
     volunteering to clean up these sites, while also requiring 
     the permit holders to meet certain requirements.
       The bill specifies who can secure these permits, what would 
     be required by way of a cleanup plan, and the extent of 
     liability exposure. Notably, unlike regular Clean Water Act 
     point-source permits, these new permits would not require 
     meeting specific standards for specific pollutants and would 
     not impose liabilities for monitoring or long-term 
     maintenance and operations. These permits would terminate 
     upon completion of cleanup, if a regular Clean Water Act 
     permit is issued for the same site, or if a permit holder 
     encounters unforeseen conditions beyond the holder's control. 
     I think this would encourage efforts to fix problems like 
     those at the Pennsylvania Mine.
       The new permits proposed in this bill would help address 
     problems that have frustrated federal and state agencies 
     throughout the country. As population growth continues near 
     these old mines, more and more risks to public health and 
     safety are likely to occur. We simply must begin to address 
     this issue--not only to improve the environment, but also to 
     ensure that our water supplies are safe and usable. This bill 
     does not address all the concerns some would-be Good 
     Samaritans may have about initiating cleanup projects--and I 
     am committed to continue working to address those additional 
     concerns, through additional legislation and in other ways. 
     But this bill can make a real difference, and I think it 
     deserves approval without unnecessary delay.
       For the benefit of our colleagues, I am including a brief 
     outline of the bill's provisions.
       Eligibility for Good Samaritan Permits--Permits could be 
     issued to a person or entity not involved in creation of 
     residue or other conditions resulting from mining at a site 
     within the bill's scope. Any other similar person or entity 
     could be a cooperating party to help with a cleanup.
       Sites Covered by the Bill--The bill covers sites of mines 
     and associated facilities in the United States once used for 
     production of a mineral, other than coal, but no longer 
     actively mined, but does not cover sites on the national 
     priority list under Superfund.
       Administration--The permits would be issued by the 
     Environmental Protection Agency, EPA, or by a state or tribal 
     government with an approved Clean Water Act permitting 
     program.
       Remediation Plans--To obtain a permit, an applicant would 
     have to submit a detailed plan for remediation of the site. 
     After an opportunity for public comments, the EPA or other 
     permitting authority could issue a permit if it determined 
     that implementing the plan would not worsen water quality and 
     could result in improving it toward meeting applicable water 
     quality standards.
       Effect of Permit--Compliance with a Good Samaritan permit 
     would constitute compliance with the Clean Water Act, and 
     neither a permit holder nor a cooperating party would be 
     responsible for doing any remediation activities except those 
     specified in the remediation plan. When the cleanup is done, 
     the permit expires, ending the Good Samaritan's 
     responsibility for the project.
       Report and Sunset Clause--9 years after enactment, EPA must 
     report to Congress about the way the bill has been 
     implemented, so Congress can consider whether to renew or 
     modify the legislation, which under the bill will terminate 
     after 10 years.

  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. 1777

       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 ``Good Samaritan Cleanup of 
     Abandoned Hardrock Mines Act of 2009''.

     SEC. 2. FINDINGS; PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Federal Government and State governments have 
     encouraged hardrock mining in the United States through a 
     wide variety of laws, policies, and actions;
       (2) mining operations produce metals and minerals that have 
     important social benefits and values;
       (3) many areas in the United States at which historic 
     mining operations took place are now the locations of 
     inactive and abandoned mine sites;
       (4) the mining activities that took place prior to the 
     enactment of modern environmental laws often disturbed public 
     and private land, and those disturbances led to environmental 
     pollution, including the discharge of pollutants into surface 
     water and groundwater;
       (5) many of the individuals and corporate owners and 
     operators of mines the actions of which caused the pollution 
     described in paragraph (4) are no longer alive or in 
     existence;
       (6) many of the historic mining sites have polluted the 
     environment for more than a century and, unless remedied, 
     will continue to do so indefinitely;
       (7) unabated discharges from inactive and abandoned mines 
     will continue to pollute surface water, groundwater, and 
     soils;
       (8) many of the streams and water bodies impacted by acid 
     mine drainage are important resources for fish and wildlife, 
     recreation, drinking water, agriculture, and other public 
     purposes;
       (9) some of the remaining owners and operators of historic 
     mine sites do not have adequate resources to properly conduct 
     the remediation of the mine sites under applicable 
     environmental laws;
       (10) from time to time, States, individuals, and companies 
     are willing to remediate historic mine sites for the public 
     good as Good Samaritans, despite the fact that those States, 
     individuals, and companies are not legally required to do so;
       (11) Good Samaritan remediation activities may--
       (A) vary in size and complexity;
       (B) reflect a myriad of methods by which mine residue may 
     be cleaned up; and
       (C) include, among other activities--
       (i) the removal, relocation, or management of tailings or 
     other waste piles;
       (ii) passive or active water treatment; and
       (iii) runoff or runon controls;
       (12) the potential obligations, requirements, and 
     liabilities under the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.) that may attach to Good Samaritans as 
     the result of the conduct by the Good Samaritans of 
     remediation activities can dissuade potential Good Samaritans 
     from acting for the public good;

[[Page S10369]]

       (13) it is in the interest of the United States, the 
     States, and local communities to remediate historic mine 
     sites--
       (A) in appropriate circumstances and to the maximum extent 
     practicable; and
       (B) so that the detrimental environmental impacts of the 
     historic mine sites are lessened in the future; and
       (14) if appropriate protections are provided to Good 
     Samaritans, Good Samaritans will have a greater incentive to 
     remediate historic mine sites for the public good.
       (b) Purposes.--The purposes of this Act are--
       (1) to encourage the partial or complete remediation of 
     inactive and abandoned mine sites for the public good by 
     individuals or entities that are not legally responsible for 
     the remediation;
       (2) to allow any individual or entity not legally 
     responsible for environmental conditions relating to an 
     inactive or abandoned mine site--
       (A) to make further progress toward the goal of meeting 
     water quality standards in all water of the United States; 
     and
       (B) to improve other environmental media affected by past 
     mining activities at the inactive or abandoned mine site 
     without incurring any obligation or liability with respect to 
     the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
     seq.);
       (3) to ensure that remediation activities performed by Good 
     Samaritans--
       (A) result in actual and significant environmental 
     benefits; and
       (B) are carried out--
       (i) with the approval and agreement, and at the discretion, 
     of affected Federal, State, and tribal authorities;
       (ii) in a manner that enables the public to conduct a 
     review of, and submit comments relating to, the remediation 
     activities; and
       (iii) in a manner that is beneficial to the environment and 
     each community affected by the remediation activities; and
       (4) to further the innovations of, and cooperation among, 
     the Federal Government, State and tribal governments, private 
     individuals, and corporations to accelerate efforts relating 
     to conservation and environmental restoration.

     SEC. 3. SCOPE.

       Nothing in this Act (or an amendment made by this Act)--
       (1) reduces any existing liability; or
       (2) facilitates the conduct of any mining or processing 
     other than the conduct of any mining or processing that is 
     required for the remediation of historic mine residue for the 
     public good.

     SEC. 4. GOOD SAMARITAN DISCHARGE PERMITS.

       Section 402 of the Federal Water Pollution Control Act (33 
     U.S.C. 1342) is amended by adding at the end the following:
       ``(s) Good Samaritan Discharge Permits.--
       ``(1) Definitions.--In this subsection:
       ``(A) Cooperating person.--
       ``(i) In general.--The term `cooperating person' means any 
     person that--

       ``(I) is a Good Samaritan;
       ``(II) assists a permittee in the remediation of an 
     inactive or abandoned mine site; and
       ``(III) is identified in a Good Samaritan discharge permit 
     issued under paragraph (2).

       ``(ii) Inclusion.--The term `cooperating person' includes 
     the Federal Government.
       ``(B) Eligible applicant.--The term `eligible applicant' 
     means a person that--
       ``(i) is a Good Samaritan; and
       ``(ii) proposes a project, the purpose of which is to 
     remediate, in whole or in part, actual or threatened 
     pollution caused by historic mine residue at an inactive or 
     abandoned mine site.
       ``(C) Good samaritan.--The term `Good Samaritan' means a 
     person that, with respect to historic mine residue at an 
     inactive or abandoned mine site--
       ``(i) had no role in the creation of the historic mine 
     residue;
       ``(ii) had no role in creating any environmental pollution 
     caused by the historic mine residue; and
       ``(iii) is not liable under any Federal, State, tribal, or 
     local law for the remediation of the historic mine residue.
       ``(D) Historic mine residue.--
       ``(i) In general.--The term `historic mine residue' means 
     mine residue or any condition resulting from activities at an 
     inactive or abandoned mine site prior to October 18, 1972, 
     that--

       ``(I) causes or contributes to the actual or threatened 
     discharge of pollutants from the inactive or abandoned mine 
     site; or
       ``(II) otherwise pollutes the environment.

       ``(ii) Inclusions.--The term `historic mine residue' 
     includes--

       ``(I) ores and minerals that--

       ``(aa) were mined during the active operation of an 
     inactive or abandoned mine site; and
       ``(bb) contribute to acid mine drainage or other 
     environmental pollution;

       ``(II) equipment (including materials in equipment);
       ``(III) any waste or material resulting from any 
     extraction, beneficiation, or other processing activity that 
     occurred during the active operation of an inactive or 
     abandoned mine site; and
       ``(IV) any acidic or otherwise polluted flow in surface 
     water or groundwater that originates from an inactive or 
     abandoned mine site.

       ``(E) Identifiable owner or operator.--The term 
     `identifiable owner or operator' means a person that is--
       ``(i) legally responsible under section 301 for a discharge 
     that originates from an inactive or abandoned mine site; and
       ``(ii) financially capable of complying with each 
     requirement described in this section and section 301.
       ``(F) Inactive or abandoned mine site.--
       ``(i) In general.--The term `inactive or abandoned mine 
     site' means a mine site (including associated facilities) 
     that--

       ``(I) is located in the United States;
       ``(II) was used for the production of a mineral other than 
     coal;
       ``(III) has historic mine residue; and
       ``(IV) is no longer actively mined on the date on which an 
     eligible applicant submits to a permitting authority a 
     remediation plan relating to an application for a Good 
     Samaritan discharge permit under paragraph (3)(B) for the 
     remediation of the mine site.

       ``(ii) Exclusions.--The term `inactive or abandoned mine 
     site' does not include a mine site (including associated 
     facilities) that is--

       ``(I) in a temporary shutdown;
       ``(II) included on the National Priorities List developed 
     by the President in accordance with section 105(a)(8)(B) of 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)); or
       ``(III) the subject of an ongoing or planned remedial 
     action carried out in accordance with the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.).

       ``(G) Indian tribe.--The term `Indian tribe' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       ``(H) Permittee.--The term `permittee' means a person that 
     is issued a Good Samaritan discharge permit under this 
     subsection.
       ``(I) Permitting authority.--
       ``(i) In general.--Except as provided in clause (ii), the 
     term `permitting authority' means the Administrator.
       ``(ii) Exception.--In the case of a State or Indian tribe 
     with an approved permitting program under paragraph (2)(B), 
     the term `permitting authority' means the head of the 
     permitting program of the State or Indian tribe.
       ``(J) Person.--The term `person' includes--
       ``(i) an individual;
       ``(ii) a firm;
       ``(iii) a corporation;
       ``(iv) an association;
       ``(v) a partnership;
       ``(vi) a consortium;
       ``(vii) a joint venture;
       ``(viii) a commercial entity;
       ``(ix) a nonprofit organization;
       ``(x) the Federal Government;
       ``(xi) a State (including a political subdivision of a 
     State);
       ``(xii) an interstate entity;
       ``(xiii) a commission; and
       ``(xiv) an Indian tribe.
       ``(2) Good samaritan discharge permits.--
       ``(A) In general.--A permitting authority may issue a Good 
     Samaritan discharge permit to an eligible applicant in 
     concurrence, if applicable, with--
       ``(i) the State in which the proposed inactive or abandoned 
     mine site remediation project is located; or
       ``(ii) the Federal agency or Indian tribe that owns or has 
     jurisdiction over the site at which the proposed inactive or 
     abandoned mine site remediation project is located.
       ``(B) State or tribal programs.--The Administrator shall 
     approve a State or tribal program for the issuance of Good 
     Samaritan discharge permits if--
       ``(i) the State or Indian tribe has, as of the date of 
     enactment of this subsection, authority to issue a permit 
     under subsection (b); and
       ``(ii) the State or Indian tribe requests such authority.
       ``(3) Permit process.--
       ``(A) Scope.--An eligible applicant may apply for a Good 
     Samaritan discharge permit to conduct remediation activities 
     at any inactive or abandoned mine site from which there is, 
     or may be, a discharge or a threatened discharge of 
     pollutants into any water of the United States.
       ``(B) Remediation plan.--To apply for a Good Samaritan 
     discharge permit under subparagraph (A), an eligible 
     applicant shall submit to the permitting authority an 
     application that contains a remediation plan that, to the 
     extent known by the eligible applicant as of the date on 
     which the application is submitted, contains--
       ``(i) an identification of--

       ``(I) the eligible applicant (including any cooperating 
     person) with respect to the remediation plan;
       ``(II) the mine site that is the subject of the remediation 
     plan (including such documentation as the permitting 
     authority determines to be sufficient to demonstrate to the 
     permitting authority that the mine site is an inactive or 
     abandoned mine site); and
       ``(III) each body of water of the United States that is 
     affected by actual or threatened discharges from the inactive 
     or abandoned mine site;

       ``(ii) a description of--

       ``(I) the baseline conditions of each body of water 
     described in clause (i)(III) as of the date on which the 
     eligible applicant submits the application, including--

       ``(aa) the nature and extent of any adverse impact on the 
     quality of each body of water caused by the drainage of 
     historic mine residue or other discharges from the inactive 
     or abandoned mine site; and
       ``(bb) as applicable, the level of any pollutant in each 
     body of water that has resulted in an adverse impact 
     described in item (aa);

[[Page S10370]]

       ``(II) the conditions of the inactive or abandoned mine 
     site that cause adverse impacts to the quality of each body 
     of water described in clause (i)(III);
       ``(III) the reasonable efforts taken by the eligible 
     applicant to identify identifiable owners or operators of the 
     inactive or abandoned mine site that is the subject of the 
     application;
       ``(IV) each remediation goal and objective proposed by the 
     eligible applicant, including--

       ``(aa) each pollutant to be addressed by the remediation 
     plan; and
       ``(bb) each action that the eligible applicant proposes to 
     take that, to the maximum extent reasonable and practicable 
     under the circumstances, will assist in the attainment of 
     each applicable water quality standard;

       ``(V) the practices (including a schedule and estimated 
     completion date for the implementation of each practice) that 
     are proposed by the eligible applicant to meet each 
     remediation goal and objective described in subclause (IV), 
     including--

       ``(aa) in the case of a new remediation project, the 
     preliminary system design and construction, operation, and 
     maintenance plans relating to the new remediation project; 
     and
       ``(bb) in the case of an existing remediation project, 
     available system design and construction, operation, and 
     maintenance plans and any planned improvements with respect 
     to the existing remediation project;

       ``(VI) any proposed recycling or reprocessing of historic 
     mine residue to be conducted by the eligible applicant 
     (including a description of how each proposed recycling or 
     reprocessing activity relates to the remediation of an 
     inactive or abandoned mine site);
       ``(VII) the monitoring or other forms of assessment that 
     will be undertaken by the eligible applicant to evaluate the 
     success of the practices described in subclause (V) during 
     and after the implementation of the remediation plan, with 
     respect to the baseline conditions;
       ``(VIII) each contingency plan that is designed for 
     responding to unplanned adverse events (including the 
     practices to be implemented to achieve each remediation goal 
     and objective described in subclause (IV));
       ``(IX) the legal authority of the eligible applicant to 
     enter, and conduct activities at, the inactive or abandoned 
     mine site that is the subject of the remediation plan; and
       ``(X) any public outreach activity to be conducted by the 
     eligible applicant;

       ``(iii) an explanation of the manner by which the practices 
     described in clause (ii)(V) are expected to achieve each 
     remediation goal and objective described in clause (ii)(IV);
       ``(iv) a schedule for the periodic reporting by the 
     eligible applicant with respect to any progress in 
     implementing the remediation plan;
       ``(v) a budget for the remediation plan that includes a 
     description of each funding source that will support the 
     implementation of the remediation plan, including--

       ``(I) each practice described in clause (ii)(VIII);
       ``(II) each action described in clause (ii)(IV)(bb); and
       ``(III) each monitoring or other appropriate activity 
     described in clause (ii)(VII); and

       ``(vi) any other additional information requested by the 
     Administrator to clarify the remediation plan and each 
     proposed activity covered by the remediation plan.
       ``(C) Certification of plan.--An application for a Good 
     Samaritan discharge permit submitted by an eligible applicant 
     to a permitting authority under subparagraph (B) shall be 
     signed and certified in a manner consistent with section 
     122.22 of title 40, Code of Federal Regulations.
       ``(D) Investigative measures.--
       ``(i) In general.--A Good Samaritan discharge permit may 
     include a program of investigative measures to be completed 
     prior to the remediation of the inactive or abandoned mine 
     site that is the subject of the permit if the permitting 
     authority, upon the receipt of the application of an eligible 
     applicant for a Good Samaritan discharge permit, determines 
     the program of investigative measures to be appropriate.
       ``(ii) Program requirements.--Any water sampling included 
     in the program of investigative measures described in clause 
     (i) shall be conducted by an eligible applicant in accordance 
     with any applicable method described in part 136 of title 40, 
     Code of Federal Regulations.
       ``(iii) Requirements relating to samples.--In conducting a 
     program of investigative measures described in clause (i), an 
     eligible applicant shall--

       ``(I) ensure that each sample collected under the program 
     is representative of the conditions present at the inactive 
     or abandoned mine site that is the subject of the program; 
     and
       ``(II) retain records of all sampling events for a period 
     of not less than 3 years.

       ``(iv) Initial plan.--

       ``(I) In general.--If an eligible applicant proposes to 
     conduct a program of investigative measures, the eligible 
     applicant shall submit to the permitting authority a plan 
     that contains, to the extent known by the eligible applicant 
     as of the date on which the eligible applicant submits the 
     application--

       ``(aa) each description required under subclauses (I), 
     (II), and (IV) through (VIII) of subparagraph (B)(ii);
       ``(bb) the explanation required under subparagraph 
     (B)(iii);
       ``(cc) the schedule required under subparagraph (B)(iv); 
     and
       ``(dd) the budget required under subparagraph (B)(v).

       ``(II) Responsibility to supplement descriptions.--An 
     eligible applicant that conducts a program of investigative 
     measures shall, based on the results of the program, 
     supplement each item described in subclause (I), as 
     necessary.

       ``(v) Report of results.--The results of the program of 
     investigative measures shall be--

       ``(I) detailed in a report for the permitting agency; and
       ``(II) made available by the applicant to any member of the 
     public that requests the report.

       ``(vi) Permit modification.--Based upon the results of the 
     investigative measures, a Good Samaritan discharge permit may 
     be modified pursuant to the permit procedures described in 
     this subsection.
       ``(vii) Option to decline remediation.--A Good Samaritan 
     discharge permit may allow the permittee to decline to 
     undertake remediation based on the results of the 
     investigative sampling program, if--

       ``(I) the program of investigative measures is authorized 
     under this subparagraph; and
       ``(II) the activities under the program of investigative 
     measures have not resulted in surface water quality 
     conditions, taken as a whole, that are worse than the 
     baseline condition of bodies of water described in 
     subparagraph (B)(ii)(I).

       ``(E) Review of application.--
       ``(i) Initial review.--The permitting authority shall--

       ``(I) review each application submitted by an eligible 
     applicant for a Good Samaritan discharge permit;
       ``(II) provide to the public, with respect to the Good 
     Samaritan discharge permit--

       ``(aa) notice and a reasonable opportunity to comment; and
       ``(bb) a public hearing;

       ``(III) if the Administrator is the permitting authority, 
     provide a copy of the application to each affected State, 
     Indian tribe, and other Federal agency; and
       ``(IV) determine whether the application for the Good 
     Samaritan discharge permit meets each requirement described 
     in subparagraph (B).

       ``(ii) Requirements not met.--If the permitting authority 
     determines that an application for a Good Samaritan discharge 
     permit does not meet each requirement described in 
     subparagraph (B), the permitting authority shall--

       ``(I) notify the eligible applicant that the application is 
     disapproved and explain the reasons for the disapproval; and
       ``(II) allow the eligible applicant to submit a revised 
     application.

       ``(iii) Requirements met.--If the permitting authority 
     determines that an application for a Good Samaritan discharge 
     permit meets each requirement described in subparagraph (B), 
     the permitting authority shall notify the eligible applicant 
     that the application is accepted.
       ``(F) Permit issuance.--After notice and opportunity for 
     public comment with respect to a Good Samaritan discharge 
     permit proposed by a permitting authority to be issued under 
     this subsection (including any additional requirement that 
     the permitting authority determines would facilitate the 
     implementation of this subsection), the permitting authority 
     may issue a permit to an eligible applicant if--
       ``(i) the permitting authority determines that--

       ``(I) relative to the resources identified by the eligible 
     applicant for funding the proposed remediation activity, the 
     eligible applicant has made a reasonable effort to identify 
     identifiable owners or operators under subparagraph 
     (B)(ii)(III);
       ``(II) no identifiable owner or operator exists (except, 
     with respect to Federal land, where the only identifiable 
     owner or operator is the Federal Government);
       ``(III) taking into consideration each funding source 
     (including the amount of each funding source) identified by 
     the eligible applicant for the proposed remediation activity 
     in accordance with subparagraph (B)(v), the remediation plan 
     of the eligible applicant demonstrates that the 
     implementation of the remediation plan will--

       ``(aa) assist in the attainment of applicable water quality 
     standards to the extent reasonable and practicable under the 
     circumstances; and
       ``(bb) not result in water quality that is worse than the 
     baseline water condition described in subparagraph 
     (B)(ii)(I);

       ``(IV) the eligible applicant has provided adequate 
     evidence of financial resources that will enable the eligible 
     applicant to complete the proposed project of the eligible 
     applicant; and
       ``(V) the proposed project of the eligible applicant meets 
     the requirements of this section;

       ``(ii) any Federal, State, or tribal land management agency 
     with jurisdiction over any inactive or abandoned mine site 
     that is the subject of the proposed permit, or any public 
     trustee for natural resources affected by historic mine 
     residue associated with any inactive or abandoned mine site 
     that is the subject of the proposed permit, does not object 
     to the issuance of the permit; and
       ``(iii) if the Administrator is the permitting authority, 
     the affected State or Indian tribe concurs with the issuance 
     of the permit.

[[Page S10371]]

       ``(G) Deadline relating to approval or denial of 
     application.--Not later than 180 days after the date of 
     receipt by a permitting authority of an application for a 
     Good Samaritan discharge permit that the permitting authority 
     determines to be complete, the permitting authority shall--
       ``(i) issue to the eligible applicant a Good Samaritan 
     discharge permit; or
       ``(ii) deny the application of the eligible applicant for a 
     Good Samaritan discharge permit.
       ``(H) Modification of permit.--
       ``(i) Approval and disapproval process.--In accordance with 
     clause (ii), after the date of receipt by a permitting 
     authority of a written request by a permittee to modify the 
     Good Samaritan discharge permit of the permittee, the 
     permitting authority shall approve or disapprove the request 
     for modification.
       ``(ii) Permit modification.--A permit modification that is 
     approved by a permitting authority under this subparagraph 
     shall be--

       ``(I) by agreement between the permittee and the permitting 
     authority and, if the Administrator is the permitting 
     authority, the affected State or Indian tribe;
       ``(II) subject to--

       ``(aa) a period of public notice and comment; and
       ``(bb) a public hearing;

       ``(III) in compliance with each standard described in 
     subparagraph (F)(i)(III); and
       ``(IV) immediately reflected in, and applicable to, the 
     Good Samaritan discharge permit.

       ``(4) Contents of permits.--
       ``(A) In general.--A Good Samaritan discharge permit 
     shall--
       ``(i) contain--

       ``(I) a remediation plan approved by the permitting 
     authority; and
       ``(II) any additional requirement that the permitting 
     authority establishes by regulation under paragraph (10); and

       ``(ii) provide for compliance with, and implementation of, 
     the remediation plan and any additional requirement described 
     in clause (i)(II).
       ``(B) Scope.--A Good Samaritan discharge permit shall 
     authorize only those activities that are required for the 
     remediation of historic mine residue at an inactive or 
     abandoned mine site, as determined by the permitting 
     authority.
       ``(C) Review.--A Good Samaritan discharge permit shall 
     contain a schedule for review, to be conducted by the 
     permitting authority, to determine compliance by the 
     permittee with each condition and limitation of the permit.
       ``(5) Effect of permit compliance.--
       ``(A) Compliance with act.--
       ``(i) In general.--A Good Samaritan discharge permit issued 
     under this subsection shall authorize the permittee, and any 
     cooperating persons, to carry out each activity described in 
     the Good Samaritan discharge permit.
       ``(ii) Compliance with permit.--Compliance by the 
     permittee, and any cooperating persons, with respect to the 
     Good Samaritan discharge permit shall constitute compliance 
     with this Act.
       ``(B) Scope of liability.--Except as provided in paragraph 
     (6), the issuance of a Good Samaritan discharge permit to a 
     permittee relieves the permittee, and any cooperating person, 
     of each obligation and liability under this Act.
       ``(6) Failure to comply.--If a permittee, or any 
     cooperating person fails to comply with any condition or 
     limitation of the permit, the permittee, or cooperating 
     person, shall be subject to liability only under section 309.
       ``(7) Termination of permit.--
       ``(A) In general.--A permitting authority shall terminate a 
     Good Samaritan discharge permit if--
       ``(i) the permittee successfully completes the 
     implementation of the remediation plan; or
       ``(ii)(I) any discharge covered by the Good Samaritan 
     discharge permit becomes subject to a permit issued for other 
     development that is not part of the implementation of the 
     remediation plan;
       ``(II) the permittee seeking termination of coverage, and 
     any cooperating person with respect to the remediation plan 
     of the permittee, is not a participant in the development; 
     and
       ``(III) the permitting authority, upon request of the 
     permittee, agrees that the permit should be terminated.
       ``(B) Unforseen circumstances.--
       ``(i) In general.--Except as provided in clause (ii), the 
     permitting authority, in cooperation with the permittee, 
     shall seek to modify a Good Samaritan discharge permit to 
     take into account any event or condition encountered by the 
     permittee if the event or condition encountered by the 
     permittee--

       ``(I) significantly reduces the feasibility, or 
     significantly increases the cost, of completing the 
     remediation project that is the subject of the Good Samaritan 
     discharge permit;
       ``(II) was not--

       ``(aa) contemplated by the permittee; or
       ``(bb) taken into account in the remediation plan of the 
     permittee; and

       ``(III) is beyond the control of the permittee, as 
     determined by the permitting authority.

       ``(ii) Exception.--If a permittee described in clause (i) 
     does not agree to a modification of the Good Samaritan 
     discharge permit of the permittee, or the permitting 
     authority determines that remediation activities conducted by 
     the permittee pursuant to the permit have resulted or will 
     result in surface water quality conditions that, taken as a 
     whole, are or will be worse than the baseline water 
     conditions described in paragraph (3)(B)(ii)(I), the 
     permitting authority shall terminate the permit.
       ``(C) No enforcement liability.--
       ``(i) Discharges.--Subject to clause (ii), and except as 
     provided in clause (iii), the permittee of a permit, or a 
     cooperating person with respect to the remediation plan of 
     the permittee, shall not be subject to enforcement under any 
     provision of this Act for liability for any past, present, or 
     future discharges at or from the abandoned or inactive mining 
     site that is the subject of the permit.
       ``(ii) Other parties.--Clause (i) does not limit the 
     liability of any person that is not described in clause (i).
       ``(iii) Violation of permit prior to termination.--The 
     discharge of liability for a permittee of a permit, or a 
     cooperating person with respect to the remediation plan of 
     the permittee, under clause (i) shall not apply with respect 
     to any violation of the permit that occurs before the date on 
     which the permit is terminated.
       ``(8) Limitations.--
       ``(A) Emergency powers.--Nothing in this subsection limits 
     the authority of the Administrator to exercise any emergency 
     power under section 504 with respect to persons other than a 
     permittee and any cooperating persons.
       ``(B) Prior violations.--
       ``(i) Actions and relief.--Except as provided in clause 
     (ii), with respect to a violation of this subsection or 
     section 301(a) committed by any person prior to the issuance 
     of a Good Samaritan discharge permit under this subsection, 
     the issuance of the Good Samaritan discharge permit does not 
     preclude any enforcement action under section 309.
       ``(ii) Exceptions.--

       ``(I) Scope of permit.--If a Good Samaritan discharge 
     permit covers remediation activities carried out by the 
     permittee on a date before the issuance of the Good Samaritan 
     discharge permit, clause (i) shall not apply to any action 
     that is based on any condition that results from the 
     remediation activities.
       ``(II) Other parties.--A permittee shall not be subject to 
     any action under sections 309 or 505 for any violation 
     committed by any other party.

       ``(C) Obligations of states and indian tribes.--Except as 
     otherwise provided in this section, nothing in this 
     subsection limits any obligation of a State or Indian tribe 
     described in section 303.
       ``(D) Other development.--
       ``(i) In general.--Any development of an inactive or 
     abandoned mine site (including any activity relating to 
     mineral exploration, processing, beneficiation, or mining), 
     including development by a permittee or any cooperating 
     person, not authorized in a permit issued by the permitting 
     authority under this subsection shall be subject to this Act.
       ``(ii) Commingling of discharges.--The commingling of any 
     other discharge or water with any discharge or water subject 
     to a Good Samaritan discharge permit issued under this 
     subsection shall not limit or reduce the liability of any 
     person associated with the water or discharge that is not 
     subject to the Good Samaritan discharge permit.
       ``(E) Recoverable value.--A Good Samaritan to whom a permit 
     is issued may sell or use materials recovered during the 
     implementation of the plan only if the proceeds of any such 
     sale are used to defray the costs of--
       ``(i) remediation of the site addressed in the permit; or
       ``(ii) voluntary remediation of any other inactive or 
     abandoned mine site covered by a permit issued under this 
     section.
       ``(F) State certification.--
       ``(i) In general.--Except as provided in clause (ii), to 
     the extent that this subsection relates to water quality 
     standards, certification under section 401 shall not apply to 
     any Good Samaritan discharge permit issued under this 
     subsection.
       ``(ii) Exception.--In any case in which certification under 
     section 401 would otherwise be required, no Good Samaritan 
     discharge permit shall be issued by a permitting authority 
     under this subsection without the concurrence of--

       ``(I) the State in which the site of the discharge is 
     located; or
       ``(II) the Indian tribe that owns or has jurisdiction over 
     the site on which a remediation project is proposed.

       ``(G) State and tribal reclamation programs.--No State, 
     Indian tribe, or other person shall be required to obtain a 
     Good Samaritan discharge permit pursuant to this subsection 
     for any discharge, including any discharge associated with 
     the remediation of an inactive or abandoned mine site with 
     respect to the conduct of reclamation work under a State or 
     tribal abandoned mine reclamation plan approved under title 
     IV of the Surface Mining Control and Reclamation Act of 1977 
     (30 U.S.C. 1231 et seq.).
       ``(9) Liability of other parties.--Nothing in this 
     subsection (including any result caused by any action taken 
     by a permittee or a cooperating person) limits the liability 
     of any person other than a permittee or a cooperating person 
     under this Act or any other law.
       ``(10) Regulations.--

[[Page S10372]]

       ``(A) In general.--Subject to subparagraph (B), not later 
     than 1 year after the date of enactment of this subsection, 
     after providing for public notice and an opportunity to 
     comment and a public hearing, the Administrator, in 
     consultation with the Secretary of the Interior and the 
     Secretary of Agriculture, and appropriate State, tribal, and 
     local officials, shall promulgate regulations to establish--
       ``(i) generally applicable requirements for remediation 
     plans described in paragraph (3)(B); and
       ``(ii) any other requirement that the Administrator 
     determines to be necessary.
       ``(B) Specific requirements before promulgation of 
     regulations.--Before the date on which the Administrator 
     promulgates regulations under subparagraph (A), a permitting 
     authority may establish, on a case-by-case basis, specific 
     requirements that the permitting authority determines would 
     facilitate the implementation of this subsection with respect 
     to a Good Samaritan discharge permit issued to a permittee.
       ``(11) Funding.--
       ``(A) Eligibility for section 319 grants.--A permittee 
     shall be eligible to apply for a grant under section 319(h).
       ``(B) Grants.--Subject to the availability of appropriated 
     funds, the Administrator may award to any permittee a grant 
     to assist the permittee in implementing a remediation plan 
     with respect to a Good Samaritan discharge permit of the 
     permittee.
       ``(12) Report to congress.--
       ``(A) In general.--Not later than 1 year before the date of 
     termination of the authority of the permitting authority 
     under paragraph (13), the Administrator shall submit to 
     Congress a report describing the activities authorized by 
     this subsection.
       ``(B) Contents.--The report required under subparagraph (A) 
     shall contain, at a minimum--
       ``(i) a description of--

       ``(I) each Good Samaritan discharge permit issued under 
     this subsection;
       ``(II) each permittee;
       ``(III) each inactive or abandoned mine site addressed by a 
     Good Samaritan discharge permit issued under this subsection 
     (including each body of water and the baseline water quality 
     of each body of water affected by each inactive or abandoned 
     mine site);
       ``(IV) the status of the implementation of each remediation 
     plan associated with each Good Samaritan discharge permit 
     issued under this subsection (including specific progress 
     that each remediation activity conducted by a permittee 
     pursuant to each Good Samaritan discharge permit has made 
     toward achieving the goals and objectives of the remediation 
     plan); and
       ``(V) each enforcement action taken by the Administrator or 
     applicable State or Indian tribe concerning a Good Samaritan 
     discharge permit issued under this subsection (including the 
     disposition of the action);

       ``(ii) a summary of each remediation plan associated with a 
     Good Samaritan discharge permit issued under this subsection, 
     including--

       ``(I) the goals and objectives of the remediation plan;
       ``(II) the budget of the activities conducted pursuant to 
     the remediation plan; and
       ``(III) the practices to be employed by each permittee in 
     accordance with the remediation plan of the permittee to 
     reduce, control, mitigate, or eliminate adverse impacts to 
     the quality of applicable bodies of water; and

       ``(iii) any recommendations that may be proposed by the 
     Administrator to modify any law (including this subsection 
     and any regulation promulgated under paragraph (10)) to 
     facilitate the improvement of water quality through the 
     remediation of inactive or abandoned mine sites.
       ``(13) Termination of authority.--The authority granted to 
     the permitting authority under this subsection to issue Good 
     Samaritan discharge permits terminates on the date that is 10 
     years after the date of enactment of this subsection.
       ``(14) Severability.--If any provision of this subsection, 
     or the application of any provision of this subsection to any 
     person or circumstance, is held invalid, the application of 
     such provision to other persons or circumstances, and the 
     remainder of this subsection, shall not be affected 
     thereby.''.

                          ____________________