[Congressional Record (Bound Edition), Volume 151 (2005), Part 1]
[Senate]
[Pages 659-714]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. GRASSLEY (for himself, Mr. Kohl, Mr. Hatch, Mr. Carper, 
        Mr. Frist, Mr. Chafee, Mr. Dodd, Mrs. Feinstein, Mr. Hagel, Mr. 
        Kyl, Ms. Landrieu, Mrs. Lincoln, Mr. Lugar, Mr.

[[Page 660]]

        McConnell, Mr. Schumer, Mr. Thune, Mr. Vitter, Mr. Voinovich, 
        Mr. Lott, Mr. Alexander, Ms. Snowe, Mr. Sessions, Mr. DeMint, 
        Mr. Lieberman, Mr. Martinez, and Mr. Ensign):
  S. 5. A bill to amend the procedures that apply to consideration of 
interstate class actions to assure fairer outcomes for class members 
and defendants, and for other purposes; to the Committee on the 
Judiciary.
  Mr. KOHL. Mr. President, I rise today to join Senators Grassley, 
Hatch, Carper, and many others in introducing the Class Action Fairness 
Act of 2005. This legislation addresses the continuing problems in 
class action litigation, particularly unfair and abusive settlements 
that shortchange consumers across America.
  The time for this bill has come. We have worked together on a 
bipartisan basis on this legislation in past Congresses. In fact, 
versions of this bill have passed the House of Representatives on two 
occasions in the past. In the Senate, we passed this bill through the 
Judiciary Committee in each of the last two Congresses and came within 
one vote of gaining cloture on the bill.
  We worked successfully to substantially improve this bill during the 
last Congress. As a result of the interest of Senators Feinstein, Dodd, 
Schumer and Landrieu, we have changed the bill in important ways. Now, 
only cases that are truly national in scope will be tried primarily in 
the Federal courts. Cases that primarily involve people from only one 
State and that interpret State law will remain in State court. These 
changes will ensure that class action cases are handled efficiently and 
in the appropriate venues and that no case that has merit will be 
turned away.
  We have a simple story to tell. Consumers are too often getting the 
short end of the stick in class action cases, recovering coupons or 
pocket change, while their lawyers reap millions. Many of these complex 
class action cases proceed exactly as we would hope. Injured parties, 
represented by strong advocates, get their day in court or reach a 
positive settlement that is good for the parties and handled well by 
their attorney.
  Unfortunately, this is not how it always works. Rather, more and more 
frequently, some are taking advantage of the system and, as a result, 
consumers are getting the short end of the stick, recovering coupons or 
pocket change, while the real reward is going to others. The Washington 
Post put it clearly, ``no portion of the American civil justice system 
is more of a mess than the world of class actions.''
  Our remedy is straightforward. Consumers deserve notices that are 
written in plain English so they can understand their rights and 
responsibilities in the lawsuit. Too many of the class action notices 
are designed to be impossible to comprehend. Further, if the cases are 
settled, the notice to the class members must clearly describe the 
terms of the settlement, the benefits to each plaintiff and a summary 
of the attorneys' fees in the case and how they were calculated. We are 
grateful that the Federal Judicial Conference has adopted our idea and 
has already begun to improve the notices provided to class action 
plaintiffs.
  Second, State attorneys general should be notified of proposed class 
action settlements to stop abusive cases if they want. This encourages 
a neutral third party to weigh in on whether a settlement is fair and 
to alert the court if they do not believe that it is. The Attorney 
General review is an extra layer of security for the plaintiffs and is 
designed to ensure that abusive settlements are not approved without a 
critical review by one or more experts.
  Third, a class action consumer bill of rights will help limit coupon 
or other unfair settlements.
  Finally, we allow many class action lawsuits to be removed to Federal 
court. This is only common sense. These are national cases affecting 
consumers in 50 States. If the court rules were being drafted today, 
these are exactly the types of cases which we would want and expect to 
be tried in Federal court.
  Stories of nightmare class action settlements that affect consumers 
around the country are all too frequent. For example, a suit against 
Blockbuster video yielded dollar off coupons for future video rentals 
for the plaintiffs while their attorneys collected $9.25 million. In 
California State court, a class of 40 million consumers received $13 
rebates on their next purchase of a computer or monitor--in other words 
they had to purchase hundreds of dollars more of the defendants' 
product to redeem the coupons. In essence, the plaintiffs received 
nothing, while their attorneys took almost $6 million in legal fees. We 
could list many, many more examples, but let me discuss just one more 
case that is almost too strange to believe.
  I am speaking about the Bank of Boston class action suit and the 
outrageous case of Martha Preston from Baraboo, WI. She was an unnamed 
class member of a class action lawsuit against her mortgage company 
that ended in a settlement. The plaintiffs' lawyers were supposed to 
represent her. Instead, the settlement that they negotiated for her was 
a bad joke. She received $4 and change in the lawsuit, while her 
attorneys pocketed $8 million.
  Yet, the huge sums her attorneys received were not the worst of the 
story. Soon after receiving her $4, Ms. Preston discovered that her 
lawyers took $80, 20 times her recovery, from her escrow account to 
help pay their fees. Naturally shocked, she and the other plaintiffs 
sued the lawyers who quickly turned around and sued her in Alabama, a 
State she had never visited, for $25 million. Not only was she $75 
poorer for her class action experience, but she also had to defend 
herself against a $25 million suit by the very people who took 
advantage of her in the first place.
  No one can argue with a straight face that the class action process 
is not in serious need of reform.
  Comprehensive studies support the anecdotes we have discussed. For 
example, a study on the class action problem by the Manhattan Institute 
demonstrates that class action cases are being brought 
disproportionately in a few counties where plaintiffs expect to be able 
to take advantage of lax certification rules.
  The study focused on three county courts--Madison County, IL; 
Jefferson County, TX; and Palm Beach County, FL--that have seen a steep 
rise in class action filings over the last several years that seems 
disproportional to their populations. They found that rural Madison 
County, IL, ranked third nationwide, after Los Angeles County, CA, and 
Cook County, IL, in the estimated number of class actions filed each 
year, whereas rural Jefferson County and Palm Beach County ranked 
eighth and ninth, respectively. As plaintiff attorneys found that 
Madison County was a welcoming host, the number of class action suits 
filed there rose 1,850 percent between 1998 and 2000.
  Another trend evident in the research was the use of ``cut-and-
paste'' complaints in which plaintiffs'' attorneys file a number of 
suits against different defendants in the same industry challenging 
standard industry practices. For example, in one situation, six law 
firms filed nine nearly identical class actions in Madison County in 
the same week alleging that the automobile insurance industry is 
defrauding Americans in the way that they calculate claims rates for 
totaled vehicles.
  The system is not working as intended and needs to be fixed. The way 
to fix it is to move more of these cases currently being brought in 
small State courts like Madison County, IL, to Federal court.
  The Federal courts are better venues for class actions for a variety 
of reasons articulated clearly in a RAND study. RAND proposed three 
primary explanations why these cases should be in Federal court. 
``First, federal judges scrutinize class action allegations more 
strictly than state judges, and deny certification in situations where 
a state judge might grant it improperly. Second, state judges may not 
have adequate resources to oversee and manage class actions with a 
national scope. Finally, if a single judge is to be charged

[[Page 661]]

with deciding what law will apply in a multistate class action, it is 
more appropriate that this take place in federal court than in state 
court.''
  We all know that class actions can result in significant and 
important benefits for class members and society, and that most class 
lawyers and most State courts are acting responsibly. Class actions 
have been used to desegregate racially divided schools, to obtain 
redress for victims of employment discrimination, and to compensate 
individuals exposed to toxic chemicals or defective products. Class 
actions increase access to our civil justice system because they enable 
people to pursue claims that collectively would otherwise be too 
expensive to litigate.
  The difficulty in any effort to improve a basically good system is 
weeding out the abuses without causing undue damage. The legislation we 
propose attempts to do this.
  Let me emphasize the limited scope of this legislation. We do not 
close the courthouse door to any class action. We do not require that 
State attorneys general do anything with the notice they receive. We do 
not deny reasonable fees for class lawyers. And we do not mandate that 
every class action be brought in Federal court. Instead, we simply 
promote closer and fairer scrutiny of class actions and class 
settlements.
  Right now, people across the country can be dragged into lawsuits 
unaware of their rights and unarmed on the legal battlefield. What our 
bill does is give back to regular people their rights and 
representation. This measure may not stop all abuses, but it moves us 
forward. It will help ensure that unsuspecting people like Martha 
Preston don't get ripped off.
  We believe this is a moderate approach to correct the worst abuses, 
while preserving the benefits of class actions. It is both pro-consumer 
and pro-defendant. We believe it will make a difference.
                                 ______
                                 
      By Ms. COLLINS (for herself, Mr. Carper, Mr. Voinovich, Mr. 
        Feingold, Mr. Akaka, and Mr. Lieberman):
  S. 21. A bill to provide for homeland security grant coordination and 
simplification, and for other purposes; to the Committee on Homeland 
Security and Governmental Affairs.
  Ms. COLLINS. Mr. President I rise with my good friend Senator Carper 
to offer the Homeland Security Grant Enhancement Act in order to 
streamline and strengthen the way we help our States, communities, and 
first responders protect our homeland.
  Three years ago, the Senate spent nearly three months on the Homeland 
Security Act, yet the law contains virtually no guidance on how the 
Department is to assist State and local governments with their homeland 
security needs. In fact, the 187-page Homeland Security Act mentions 
the issue of grants to first responders in but a single paragraph. The 
decisions on how Federal dollars should be spent or how much money 
should be allocated to whom were left for another day. That day has 
come.
  During the 108th Congress, Senator Carper and I introduced similar 
legislation to more than double the proportion of homeland Security 
funding distributed based on risk, while also helping all States 
achieve a baseline level of preparedness and an ability to respond. The 
Senate Committee on Homeland Security and Governmental Affairs held 
three hearings at which first responders, State and local officials, 
and Secretary Ridge all testified that the grant distribution system 
needs fixing. The 9/11 Commission also urged that the system be 
changed. It is therefore time for Congress to finally address this 
critical issue.
  The bill that we introduce today is identical to legislation that 
passed the Senate by voice-vote as an amendment to the Intelligence 
reform bill at the end of the last Congress.
  That measure was supported by Senators from big States--like Michigan 
and Ohio--and small States like Maine, Delaware and Connecticut. The 
wide breadth of support in the Senate is indicative of the fact that 
this bill takes a balanced approach to homeland security funding.
  It recognizes that threat-based funding is a critical part of 
homeland security funding. It also recognizes that first responders in 
every State and territory stand at the front lines of securing the 
homeland.
  This legislation will also coordinate government-wide homeland 
security funding by promoting one-stop-shopping for homeland security 
funding opportunities. It would establish an information clearinghouse 
to assist first responders and State and local governments in accessing 
homeland security grant information and other resources within the new 
department. This clearinghouse will improve access to homeland security 
grant information, coordinate technical assistance for vulnerability 
and threat assessments, provide information regarding homeland security 
best practices, and compile information regarding homeland security 
equipment purchased with Federal funds.
  Establishment of these programs will mean first responders can spend 
more time training to save lives and less-time filling out paper work. 
The inflexible structure of past homeland security funding, along with 
shifting federal requirements and increasing amounts of paperwork, 
poses a number of challenges to State and local governments as they 
attempt to provide these funds to first responders.
  The legislation would provide greater flexibility in the use of those 
unspent funds. It would give the Department of Homeland Security 
flexibility to allow States, via a wavier from the Secretary, to use 
funds from one category, such as training, for another purpose, such as 
purchasing equipment.
  The Senate Committee on Homeland Security and Governmental Affairs 
will act promptly to mark-up and report this important measure to 
establish a streamlined, efficient, and fair method for homeland 
security funds to get into the hands of first responders.
                                 ______
                                 
      By Mr. STEVENS (for himself, Mr. Inouye, Ms. Snowe, and Mr. 
        Dodd):
  S. 39. A bill to establish a coordinated national ocean exploration 
program within the National Oceanic and Atmospheric Administration; to 
the Committee on Commerce, Science, and Transportation.
  Mr. STEVENS. Mr. President, I introduce today S. 39, the ``National 
Ocean Exploration Program Act'' to expand exploration and knowledge of 
our Nation's oceans. When I introduced this bill in the 108th Congress, 
Senator Hollings and Senator Inouye were original co-sponsors. Senator 
Hollings has left this body, but he worked closely with Senator Inouye 
and me on this bill and we thank him for his contributions to ocean 
policy. Senators Snowe and Dodd would like to be added as original co-
sponsors of this bill.
  Senator Inouye and I introduce this legislation today in an effort to 
increase and coordinate research and exploration of our Nation's 
oceans. Alaska and Hawaii are uniquely dependent on the ocean for food, 
employment, recreation, and the delivery of goods. However, 
approximately 95 percent of the ocean floor remains unexplored, much of 
it located in the polar latitudes and the southern ocean. This 
legislation will advance ocean exploration and increase funding for 
greater research.
  In its final report, the U.S. Commission on Ocean Policy recommended 
that the National Oceanic and Atmospheric Administration and the 
National Science Foundation lead an expanded National Ocean Exploration 
Program. This legislation will accomplish that goal.
  The National Exploration Program expands ocean exploration. Through 
this program we will determine whether there are new marine substances 
with potential therapeutic benefits; study unique marine ecosystems, 
organisms and the geology of the world's oceans; and maximize ocean 
research by integrating multiple scientific disciplines in the ocean 
science community.
  The program will focus on remote ocean research and exploration. 
Specifically, research will be conducted on hydrothermal vents 
communities and seamounts. Increased research in these

[[Page 662]]

areas, where organisms exist in highly toxic environments, should yield 
significant scientific and medical breakthroughs.
  Decades ago I help Oscar Dyson, a great Alaska fisherman, secure a 
small grant to explore the North Pacific. With that grant he discovered 
a great number of marine species that are now considered vital to the 
North Pacific. It is my hope that the National Ocean Exploration 
Program Act will be the catalyst for that type of ocean exploration and 
discovery.
  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. 39

       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 ``National Ocean Exploration 
     Program Act''.

     SEC. 2. ESTABLISHMENT.

       The Secretary of Commerce, through the Administrator of the 
     National Oceanic and Atmospheric Administration, shall, in 
     consultation with the National Science Foundation and other 
     appropriate Federal agencies, establish a coordinated 
     national ocean exploration program within the National 
     Oceanic and Atmospheric Administration.

     SEC. 3. PURPOSES.

       The purposes of the program are the following:
       (1) To explore the physical, biological, chemical, 
     geological, archaeological, temporal, and other related 
     characteristics of the oceans to benefit, inform, and inspire 
     the American people.
       (2) To create missions and scientific activities of 
     discovery that will improve our understanding, appreciation, 
     and stewardship of the unique marine ecosystems, organisms, 
     chemistry, and geology of the world's oceans, and to enhance 
     knowledge of submerged maritime historical and archaeological 
     sites.
       (3) To facilitate discovery of marine natural products from 
     these ecosystems that may have potential beneficial uses, 
     including those that may help combat disease or provide 
     therapeutic benefits.
       (4) To communicate such discoveries and knowledge to 
     policymakers, regulators, researchers, educators, and 
     interested nongovernmental entities in order to support 
     policy decisions and to spur additional scientific research 
     and development.
       (5) To maximize effectiveness by integrating multiple 
     scientific disciplines, employing the diverse resources of 
     the ocean science community, and making ocean exploration 
     data and information available in a timely and consistent 
     manner.
       (6) To achieve heightened education, environmental 
     literacy, public understanding and appreciation of the 
     oceans.

     SEC. 4. AUTHORITIES.

       In carrying out the program the Administrator of the 
     National Oceanic and Atmospheric Administration shall--
       (1) conduct interdisciplinary exploration voyages or other 
     scientific activities in conjunction with other Federal 
     agencies or academic or educational institutions, to survey 
     little known areas of the marine environment, inventory, 
     observe, and assess living and nonliving marine resources, 
     and report such findings;
       (2) give priority attention to deep ocean regions, with a 
     focus on surveying deep water marine systems that hold 
     potential for important scientific and medical discoveries, 
     such as hydrothermal vent communities and seamounts;
       (3) conduct scientific voyages to locate, define, and 
     document historic shipwrecks, submerged sites, and other 
     ocean exploration activities that combine archaeology and 
     oceanographic sciences;
       (4) develop, in consultation with the National Science 
     Foundation, a transparent process for reviewing and approving 
     proposals for activities to be conducted under this program;
       (5) enhance the technical capability of the United States 
     marine science community by promoting the development of 
     improved oceanographic research, communication, navigation, 
     and data collection systems, as well as underwater platforms 
     and sensors;
       (6) conduct public education and outreach activities that 
     improve the public understanding of ocean science, resources, 
     and processes, in conjunction with relevant educational 
     programs of the National Oceanic and Atmospheric 
     Administration, the National Science Foundation, and other 
     agencies;
       (7) accept donations of property, data, and equipment to be 
     applied for the purpose of exploring the oceans or increasing 
     knowledge of the oceans; and
       (8) establish an ocean exploration forum to encourage 
     partnerships and promote communication among experts and 
     other stakeholders in order to enhance the scientific and 
     technical expertise and relevance of the national program.

     SEC. 5. EXPLORATION TECHNOLOGY AND INFRASTRUCTURE TASK FORCE.

       The National Oceanic and Atmospheric Administration, in 
     coordination with the National Aeronautics and Space 
     Administration, the U.S. Geological Survey, Office of Naval 
     Research, and relevant governmental, non-governmental, 
     academic, and other experts, shall convene an ocean 
     technology and infrastructure task force to develop and 
     implement a strategy--
       (1) to facilitate transfer of new exploration technology to 
     the program;
       (2) to improve availability of communications 
     infrastructure, including satellite capabilities, to the 
     program;
       (3) to develop an integrated, workable and comprehensive 
     data management information processing system that will make 
     information on unique and significant features obtained by 
     the program available for research and management purposes; 
     and
       (4) to encourage cost-sharing partnerships with 
     governmental and non-governmental entities that will assist 
     in transferring exploration technology and technical 
     expertise to the program.

     SEC. 6. INTERAGENCY FINANCING.

       The National Oceanic and Atmospheric Administration, the 
     National Science Foundation, and other Federal agencies 
     involved in the program, are authorized to participate in 
     interagency financing and share, transfer, receive and spend 
     funds appropriated to any federal participant the program for 
     the purposes of carrying out any administrative or 
     programmatic project or activity under this section. Funds 
     may be transferred among such departments and agencies 
     through a appropriate instrument that specifies the goods, 
     services, or space being acquired from another Federal 
     participant and the costs of the same.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the National 
     Oceanic and Atmospheric Administration to carry out the 
     program--
       (1) $45,000,000 for each of fiscal years 2006 through 2011; 
     and
       (2) $55,000,000 for each of fiscal years 2012 through 2017.
                                 ______
                                 
      By Mr. NELSON of Florida (for himself, Mr. Martinez, Mr. 
        Sessions, and Mr. Allen):
  S. 145. A bill to amend title 10, United States Code, to require the 
naval forces of the Navy to include not less than 12 operational 
aircraft carriers; to the Committee on Armed Services.
  Mr. NELSON of Florida. Mr. President, I feel strongly that any 
reduction in the size of the Nation's carrier fleet is not in the best 
interest of national security. Therefore, I am introducing legislation 
to require the Navy to include not less than 12 operational aircraft 
carriers. I am pleased to be joined by my co-sponsors, Senator 
Martinez, Senator Allen, and Senator Sessions.
  America's aircraft carrier fleet has played and continues to play a 
critical role in the global war on terrorism. Carrier based strike, 
electronic warfare, and reconnaissance aircraft, and even more 
importantly, special operations forces have provided the most 
responsive and capable support throughout operations in the Gulf 
region. Nothing has changed in the strategic environment to suggest 
that America is more, or as secure with eleven carriers as we are with 
twelve. The operational tempo of our aircraft carriers has never been 
higher and it is hard to imagine that it will slow any time soon.
  The range of strategic threats and opportunities that face the Nation 
at this moment in the war on terror does not support the idea that we 
can reduce our carrier fleet without creating significant and 
unavoidable risk to our global reach and sustainability. I urge my 
colleagues to join with us to ensure the Navy's global flexibility and 
striking power. Cutting our carrier fleet now increases strategic risk 
and reduces our combat power and capability, all for relatively small 
budgetary savings.
  I look forward to working with Chairman Warner and Senator Levin to 
gain the Armed Services Committee's approval of this legislation, and 
its passage by the full Senate. Identical legislation is being 
introduced in the House by Representative Ander Crenshaw, and I look 
forward to working with my colleagues in both houses to see that this 
vital national security legislation reaches the President's desk.
  I ask unanimous consent that the text of the bill be printed in the 
Record.

[[Page 663]]

  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 145

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

     SECTION 1. REQUIREMENT FOR 12 OPERATIONAL AIRCRAFT CARRIERS 
                   WITHIN NAVAL FORCES OF THE NAVY.

       Section 5062 of title 10, United States Code, is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) The naval combat forces of the Navy shall include not 
     less than 12 operational aircraft carriers. For purposes of 
     this subsection, an operational aircraft carrier includes an 
     aircraft carrier that is temporarily unavailable for 
     worldwide deployment due to routine or scheduled maintenance 
     or repair.''.
                                 ______
                                 
      By Mr. INOUYE:
  S. 146. A bill to amend title 38, United States Code, to deem certain 
service in the organized military forces of the Government of the 
Commonwealth of the Philippines and the Philippine Scouts to have been 
active service for purposes of benefits under programs administered by 
the Secretary of Veterans Affairs; to the Committee on Veterans' 
Affairs.
  Mr. INOUYE. Mr. President, many of you know of my continued support 
and advocacy on the importance of addressing the plight of Filipino 
World War II veterans. As an American, I believe the treatment of 
Filipino World War II veterans is bleak and shameful. The Philippines 
became a United States possession in 1898, when it was ceded by Spain, 
following the Spanish-American War. In 1934, the Congress enacted the 
Philippine Independence Act, Public Law 73-127, which provided a 10-
year time frame for the independence of the Philippines. Between 1934 
and final independence in 1946, the United States retained certain 
powers over the Philippines including the right to call military forces 
organized by the newly-formed Commonwealth government into the service 
of the United States Armed Forces.
  The Commonwealth Army of the Philippines was called to serve with the 
United States Armed Forces in the Far East during World War II under 
President Roosevelt's July 26, 1941 military order. The Filipinos who 
served were entitled to full veterans' benefits by reason of their 
active service with our armed forces. Hundreds were wounded in battle 
and many hundreds more died in battle. Shortly after Japan's surrender, 
the Congress enacted the Armed Forces Voluntary Recruitment Act of 1945 
for the purpose of sending Filipino troops to occupy enemy lands, and 
to oversee military installations at various overseas locations. These 
troops were authorized to receive pay and allowances for services 
performed throughout the Western Pacific. Although hostilities had 
ceased, wartime service of these troops continued as a matter of law 
until the end of 1946.
  Despite all of their sacrifices, on February 18, 1946, the Congress 
passed the Rescission Act of 1946, now codified as Section 107 of Title 
38 of the United States Code. The 1946 Act deemed that the service 
performed by these Filipino veterans would not be recognized as 
``active service'' for the purpose of any U.S. law conferring ``rights, 
privileges, or benefits.'' Accordingly, Section 107 denied Filipino 
veterans access to health care, particularly for non-service-connected 
disabilities, and pension benefits. Section 107 also limited service-
connected disability and death compensation for Filipino veterans to 50 
percent of what their American counterparts receive.
  On May 27, 1946, the Congress enacted the Second Supplemental Surplus 
Appropriations Rescission Act, which duplicated the language that had 
eliminated Filipino veterans' benefits under the First Rescission Act. 
Thus, Filipino veterans who fought in the service of the United States 
during World War II have been precluded from receiving most of the 
veterans' benefits that had been available to them before 1946, and 
that are available to all other veterans of our armed forces regardless 
of race, national origin, or citizenship status.
  The Filipino Veterans Equity Act, which I introduce today, would 
restore the benefits due to these veterans by granting full recognition 
of service for the sacrifices they made during World War II. These 
benefits include veterans health care, service-connected disability 
compensation, non-service connected disability compensation, dependent 
indemnity compensation, death pension, and full burial benefits.
  Throughout the years, I have sponsored several measures to rectify 
the lack of appreciation America has shown to these gallant men and 
women who stood in harm's way with our American soldiers and fought the 
common enemy during World War II. It is time that we as a Nation, 
recognize our long-standing history and friendship with the 
Philippines. Of the 120,000 that served in the Commonwealth Army during 
World War II, there are approximately 60,000 Filipino veterans 
currently residing in the United States and the Philippines. According 
to the Department of Veterans Affairs, the Filipino veteran population 
is expected to decrease to approximately 20,000 or roughly one-third of 
the current population by 2010.
  Heroes should never be forgotten or ignored; let us not turn our 
backs on those who sacrificed so much. Let us instead work to repay all 
of these brave men for their sacrifices by providing them the veterans' 
benefits they deserve.
  I ask unanimous consent that the text of my 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. 146

       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 ``Filipino Veterans Equity Act 
     of 2005''.

     SEC. 2. CERTAIN SERVICE IN THE ORGANIZED MILITARY FORCES OF 
                   THE PHILIPPINES AND THE PHILIPPINE SCOUTS 
                   DEEMED TO BE ACTIVE SERVICE.

       (a) In General.--Section 107 of title 38, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``not'' after ``Army of the United States, 
     shall''; and
       (B) by striking ``, except benefits under--'' and all that 
     follows in that subsection and inserting a period;
       (2) in subsection (b)--
       (A) by striking ``not'' after ``Armed Forces Voluntary 
     Recruitment Act of 1945 shall''; and
       (B) by striking ``except--'' and all that follows in that 
     subsection and inserting a period; and
       (3) by striking subsections (c) and (d).
       (b) Conforming Amendments.--(1) The heading of such section 
     is amended to read as follows:

     ``Sec. 107. Certain service deemed to be active service: 
       service in organized military forces of the Philippines and 
       in the Philippine Scouts''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 1 of such title is 
     amended to read as follows:

``107. Certain service deemed to be active service: service in 
              organized military forces of the Philippines and in the 
              Philippine Scouts.''.

     SEC. 3. EFFECTIVE DATE.

       (a) In General.--The amendments made by this Act shall take 
     effect on January 1, 2005.
       (b) Applicability.--No benefits shall accrue to any person 
     for any period before the effective date of this Act by 
     reason of the amendments made by this Act.
                                 ______
                                 
      By Mr. AKAKA (for himself and Mr. Inouye):
  S. 147. A bill to express the policy of the United State regarding 
the United States relationship with Native Hawaiians and to provide a 
process for the recognition by the United States of the Native Hawaiian 
governing entity; to the Committee on Indian Affairs.
  Mr. AKAKA. Mr. President, I rise today with the senior Senator from 
Hawaii to introduce the Native Hawaiian Government Reorganization Act 
of 2005. This is bipartisan legislation that we have been working on 
with our colleagues in Hawaii's Congressional delegation for the past 6 
years. During the past 2 years, we have worked closely with Hawaii's 
Governor, Linda Lingle, Hawaii's first Republican governor in 40 years, 
to get this legislation enacted. We have also worked closely with the 
Hawaii State legislature

[[Page 664]]

which has passed two resolutions unanimously in support of Federal 
Recognition for Native Hawaiians. I mention this, to underscore the 
fact that this is bipartisan legislation.
  The Native Hawaiian Government Reorganization Act of 2005 does three 
things:
  (1) It authorizes the Office of Native Hawaiian Relations in the 
Department of the Interior to serve as a liaison between Native 
Hawaiians and the federal government. Funding for Native Hawaiian 
programs currently administered by the Departments of Health and Human 
Services, HHS, Education, or Housing and Urban Development, HUD, would 
continue to be administered by those agencies.
  (2) It establishes the Native Hawaiian Interagency Coordinating 
Group--an interagency group to be composed of federal officials from 
agencies which administer Native Hawaiian programs and services. Many 
are not aware that Native Hawaiians have their own programs which are 
currently administered by different agencies in the Federal Government. 
This group would encourage communication and collaboration between the 
Federal agencies working with Native Hawaiians.
  (3) It establishes a process for the reorganization of the Native 
Hawaiian governing entity. While Congress has traditionally treated 
Native Hawaiians in a manner parallel to American Indians and Alaska 
Natives, the formal policy of self-governance and self determination 
has not been extended to Native Hawaiians. The bill establishes a 
process for the reorganization of the Native Hawaiian governing entity 
for the purposes of Federal recognition. The bill itself does not 
extend Federal recognition--it authorizes the process for Federal 
recognition.
  Following recognition of the Native Hawaiian government, negotiations 
will ensue between the Native Hawaiian governing entity and Federal and 
State Governments over matters such as the transfer of lands and 
natural resources; the exercise of governmental authority over any 
transferred lands, natural resources and other assets, including land 
use; the exercise of civil and criminal jurisdiction, and the 
delegation of governmental powers and authorities to the Native 
Hawaiian governing entity by the Federal and State Governments. This 
reflects the cooperation between the Federal and State governments and 
the Native Hawaiian governing entity. It also reflects a new paradigm 
where recognition provides the governing entity with a seat at the 
table to negotiate such matters.
  The bill will not diminish funding for American Indians and Alaska 
Natives because Native Hawaiians have their own education, health and 
housing programs which have been separately funded since their creation 
in 1988.
  Finally, the bill does not authorize gaming in Hawaii.
  Some have characterized this bill as race-based legislation. As 
indigenous peoples, Native Hawaiians never relinquished their inherent 
rights to sovereignty. We were a government that was overthrown. While 
the history of the Native Hawaiian government ended in 1893 with great 
emotion and despair, inspired by the dignity and grace of Queen 
Liliuokalani, Native Hawaiians have preserved their culture, tradition, 
subsistence rights, language, and distinct communities. We have tried 
to hold on to our homeland. Hawaii, for us, is our homeland.
  I am Native Hawaiian and Chinese. I appreciate the culture and 
ethnicity of my ancestors. I can trace my Chinese roots back to Fukien 
Province in China. My Native Hawaiian roots, however, are in Hawaii 
because it is our Hawaiian homeland.
  My Chinese ancestors came to Hawaii to build a better life. My Native 
Hawaiian grandparents and parents had America come into their homeland 
and forever change their lives. This is a profound difference.
  I am proud to be an American, and I am proud to have served my 
country in the military. As long as Hawaii is a part of the United 
States, however, I believe the United States must fulfill its 
responsibility to Hawaii's indigenous peoples. I believe it is 
imperative to clarify the existing legal and political relationship 
between the United States and Native Hawaiians by providing Native 
Hawaiians with Federal recognition for the purposes of a government-to-
government relationship. Therefore, because this legislation is based 
on the political and legal relationship between the United States and 
its indigenous peoples, which has been upheld for many, many years, by 
the United States Supreme Court, based on the Indian Commerce Clause, I 
strenuously disagree with the mischaracterization of this legislation 
as race-based.
  Why is this bill so important? This bill is critical for the people 
of Hawaii because of the monumental step forward it provides for 
Hawaii's indigenous peoples. As many of my colleagues know, the Kingdom 
of Hawaii was overthrown in 1893 with the assistance of agents from the 
United States. In 1993, we enacted Public Law 103-150, commonly 
referred to as the Apology Resolution, which acknowledged the illegal 
overthrow of the Kingdom of Hawaii and the deprivation of the rights of 
Native Hawaiians to self determination. The Apology Resolution 
committed the United States to acknowledge the ramifications of the 
overthrow in order to provide a proper foundation of reconciliation 
between the United States and the Native Hawaiian people.
  This bill provides a step forward in the process of reconciliation. 
The bill establishes the structure for Native Hawaiians and non-Native 
Hawaiians to discuss longstanding issues resulting from the overthrow 
of the Kingdom of Hawaii. The structure is the negotiation process 
between the federally recognized Native Hawaiian government and the 
Federal and State governments that I referred to earlier in my 
statement.
  This discussion has been assiduously avoided because no one has known 
how to address or deal with the emotions that are involved when these 
matters are discussed. There has been no structured process. Instead, 
there has been fear as to what the discussion would entail, causing 
people to avoid and shirk the issues. Such behavior has led to high 
levels of anger and frustration as well as misunderstanding between 
Native Hawaiians and non-Native Hawaiians.
  As a young child, I was discouraged from speaking Hawaiian because I 
was told that I needed to succeed in the Western world. My parents 
witnessed the overthrow and lived during a time when all things 
Hawaiian, including language, which they both spoke fluently, hula, 
custom, and tradition, were viewed unfavorably and discouraged. I, 
therefore, was discouraged from speaking the language and practicing 
Hawaiian customs and tradition. My experience mirrors that of my 
generation of Hawaiians.
  My generation learned to accept what was ingrained into us by our 
parents, and while we were concerned about the longstanding issues 
resulting from the overthrow dealing with political status and lands, 
we were told not to ``make waves'' by addressing these matters. My 
children, however, have had the advantage of growing up during the 
Hawaiian renaissance, a period of revival for Hawaiian language, 
custom, and tradition. My grandchildren, benefitting from this revival, 
can speak Hawaiian and know so much about our history.
  It is this generation, however, that is growing impatient with the 
lack of progress in efforts to resolve longstanding issues. It is this 
generation that does not understand why we have not discussed these 
matters. It is this generation that cannot believe that we, as Native 
Hawaiians, have let the situation continue for 110 years.
  It is an active minority within this generation, spurred by 
frustration and sadness, that embraces independence from the United 
States.
  It is for this generation that I bring this bill forward to ensure 
that there is a structured process to address these issues.
  My point is that Hawaii's people, both Native Hawaiians and non-
Native Hawaiians, are no longer willing to pretend that the 
longstanding issues resulting from the overthrow do not exist. We need 
the structured process

[[Page 665]]

that this bill provides, first in reorganizing the Native Hawaiian 
governing entity, and second by providing that entity with the 
opportunity to negotiate and resolve issues with the Federal and State 
governments to alleviate the growing mistrust, misunderstanding, anger, 
and frustration about these matters in Hawaii. This can only be done 
through a government-to-government relationship.
  This bill is of significant importance in Hawaii. It has no impact on 
any of the other states. Hawaii's entire Congressional delegation 
supports this legislation. Our Governor, the first Republican to be 
elected in 40 years, supports this legislation. Indeed, it is her 
Number One Federal priority. The Hawaii State Legislature supports this 
legislation. And most importantly, a clear majority of the Native 
Hawaiian people and the people of Hawaii support this legislation.
  I ask you to stand with me and my esteemed friend, Hawaii's revered 
senior Senator, our two House members, our Governor, the Hawaii State 
legislature, and the people of Hawaii to enact this critical measure 
for my state.
  I ask unanimous consent that the text of my bill be printed in the 
Record.
  Mr. AKAKA. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 147

       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 ``Native Hawaiian Government 
     Reorganization Act of 2005''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the Constitution vests Congress with the authority to 
     address the conditions of the indigenous, native people of 
     the United States;
       (2) Native Hawaiians, the native people of the Hawaiian 
     archipelago that is now part of the United States, are 
     indigenous, native people of the United States;
       (3) the United States has a special political and legal 
     responsibility to promote the welfare of the native people of 
     the United States, including Native Hawaiians;
       (4) under the treaty making power of the United States, 
     Congress exercised its constitutional authority to confirm 
     treaties between the United States and the Kingdom of Hawaii, 
     and from 1826 until 1893, the United States--
       (A) recognized the sovereignty of the Kingdom of Hawaii;
       (B) accorded full diplomatic recognition to the Kingdom of 
     Hawaii; and
       (C) entered into treaties and conventions with the Kingdom 
     of Hawaii to govern commerce and navigation in 1826, 1842, 
     1849, 1875, and 1887;
       (5) pursuant to the Hawaiian Homes Commission Act, 1920 (42 
     Stat. 108, chapter 42), the United States set aside 
     approximately 203,500 acres of land to address the conditions 
     of Native Hawaiians in the Federal territory that later 
     became the State of Hawaii;
       (6) by setting aside 203,500 acres of land for Native 
     Hawaiian homesteads and farms, the Hawaiian Homes Commission 
     Act assists the members of the Native Hawaiian community in 
     maintaining distinct native settlements throughout the State 
     of Hawaii;
       (7) approximately 6,800 Native Hawaiian families reside on 
     the Hawaiian Home Lands and approximately 18,000 Native 
     Hawaiians who are eligible to reside on the Hawaiian Home 
     Lands are on a waiting list to receive assignments of 
     Hawaiian Home Lands;
       (8)(A) in 1959, as part of the compact with the United 
     States admitting Hawaii into the Union, Congress established 
     a public trust (commonly known as the ``ceded lands trust''), 
     for 5 purposes, 1 of which is the betterment of the 
     conditions of Native Hawaiians;
       (B) the public trust consists of lands, including submerged 
     lands, natural resources, and the revenues derived from the 
     lands; and
       (C) the assets of this public trust have never been 
     completely inventoried or segregated;
       (9) Native Hawaiians have continuously sought access to the 
     ceded lands in order to establish and maintain native 
     settlements and distinct native communities throughout the 
     State;
       (10) the Hawaiian Home Lands and other ceded lands provide 
     an important foundation for the ability of the Native 
     Hawaiian community to maintain the practice of Native 
     Hawaiian culture, language, and traditions, and for the 
     survival and economic self-sufficiency of the Native Hawaiian 
     people;
       (11) Native Hawaiians continue to maintain other distinctly 
     native areas in Hawaii;
       (12) on November 23, 1993, Public Law 103-150 (107 Stat. 
     1510) (commonly known as the ``Apology Resolution'') was 
     enacted into law, extending an apology on behalf of the 
     United States to the native people of Hawaii for the United 
     States' role in the overthrow of the Kingdom of Hawaii;
       (13) the Apology Resolution acknowledges that the overthrow 
     of the Kingdom of Hawaii occurred with the active 
     participation of agents and citizens of the United States and 
     further acknowledges that the Native Hawaiian people never 
     directly relinquished to the United States their claims to 
     their inherent sovereignty as a people over their national 
     lands, either through the Kingdom of Hawaii or through a 
     plebiscite or referendum;
       (14) the Apology Resolution expresses the commitment of 
     Congress and the President--
       (A) to acknowledge the ramifications of the overthrow of 
     the Kingdom of Hawaii;
       (B) to support reconciliation efforts between the United 
     States and Native Hawaiians; and
       (C) to consult with Native Hawaiians on the reconciliation 
     process as called for in the Apology Resolution;
       (15) despite the overthrow of the government of the Kingdom 
     of Hawaii, Native Hawaiians have continued to maintain their 
     separate identity as a distinct native community through 
     cultural, social, and political institutions, and to give 
     expression to their rights as native people to self-
     determination, self-governance, and economic self-
     sufficiency;
       (16) Native Hawaiians have also given expression to their 
     rights as native people to self-determination, self-
     governance, and economic self-sufficiency--
       (A) through the provision of governmental services to 
     Native Hawaiians, including the provision of--
       (i) health care services;
       (ii) educational programs;
       (iii) employment and training programs;
       (iv) economic development assistance programs;
       (v) children's services;
       (vi) conservation programs;
       (vii) fish and wildlife protection;
       (viii) agricultural programs;
       (ix) native language immersion programs;
       (x) native language immersion schools from kindergarten 
     through high school;
       (xi) college and master's degree programs in native 
     language immersion instruction;
       (xii) traditional justice programs, and
       (B) by continuing their efforts to enhance Native Hawaiian 
     self-determination and local control;
       (17) Native Hawaiians are actively engaged in Native 
     Hawaiian cultural practices, traditional agricultural 
     methods, fishing and subsistence practices, maintenance of 
     cultural use areas and sacred sites, protection of burial 
     sites, and the exercise of their traditional rights to gather 
     medicinal plants and herbs, and food sources;
       (18) the Native Hawaiian people wish to preserve, develop, 
     and transmit to future generations of Native Hawaiians their 
     lands and Native Hawaiian political and cultural identity in 
     accordance with their traditions, beliefs, customs and 
     practices, language, and social and political institutions, 
     to control and manage their own lands, including ceded lands, 
     and to achieve greater self-determination over their own 
     affairs;
       (19) this Act provides a process within the framework of 
     Federal law for the Native Hawaiian people to exercise their 
     inherent rights as a distinct, indigenous, native community 
     to reorganize a Native Hawaiian governing entity for the 
     purpose of giving expression to their rights as native people 
     to self-determination and self-governance;
       (20) Congress--
       (A) has declared that the United States has a special 
     responsibility for the welfare of the native peoples of the 
     United States, including Native Hawaiians;
       (B) has identified Native Hawaiians as a distinct group of 
     indigenous, native people of the United States within the 
     scope of its authority under the Constitution, and has 
     enacted scores of statutes on their behalf; and
       (C) has delegated broad authority to the State of Hawaii to 
     administer some of the United States' responsibilities as 
     they relate to the Native Hawaiian people and their lands;
       (21) the United States has recognized and reaffirmed the 
     special political and legal relationship with the Native 
     Hawaiian people through the enactment of the Act entitled, 
     ``An Act to provide for the admission of the State of Hawaii 
     into the Union'', approved March 18, 1959 (Public Law 86-3; 
     73 Stat. 4), by--
       (A) ceding to the State of Hawaii title to the public lands 
     formerly held by the United States, and mandating that those 
     lands be held as a public trust for 5 purposes, 1 of which is 
     for the betterment of the conditions of Native Hawaiians; and
       (B) transferring the United States' responsibility for the 
     administration of the Hawaiian Home Lands to the State of 
     Hawaii, but retaining the authority to enforce the trust, 
     including the exclusive right of the United States to consent 
     to any actions affecting the lands that comprise the corpus 
     of the trust and any amendments to the Hawaiian Homes 
     Commission Act, 1920 (42 Stat. 108, chapter 42) that are 
     enacted by the legislature of the State of Hawaii affecting 
     the beneficiaries under the Act;

[[Page 666]]

       (22) the United States has continually recognized and 
     reaffirmed that--
       (A) Native Hawaiians have a cultural, historic, and land-
     based link to the aboriginal, indigenous, native people who 
     exercised sovereignty over the Hawaiian Islands;
       (B) Native Hawaiians have never relinquished their claims 
     to sovereignty or their sovereign lands;
       (C) the United States extends services to Native Hawaiians 
     because of their unique status as the indigenous, native 
     people of a once-sovereign nation with whom the United States 
     has a political and legal relationship; and
       (D) the special trust relationship of American Indians, 
     Alaska Natives, and Native Hawaiians to the United States 
     arises out of their status as aboriginal, indigenous, native 
     people of the United States; and
       (23) the State of Hawaii supports the reaffirmation of the 
     political and legal relationship between the Native Hawaiian 
     governing entity and the United States as evidenced by 2 
     unanimous resolutions enacted by the Hawaii State Legislature 
     in the 2000 and 2001 sessions of the Legislature and by the 
     testimony of the Governor of the State of Hawaii before the 
     Committee on Indian Affairs of the Senate on February 25, 
     2003.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Aboriginal, indigenous, native people.--The term 
     ``aboriginal, indigenous, native people'' means people whom 
     Congress has recognized as the original inhabitants of the 
     lands that later became part of the United States and who 
     exercised sovereignty in the areas that later became part of 
     the United States.
       (2) Adult member.--The term ``adult member'' means a Native 
     Hawaiian who has attained the age of 18 and who elects to 
     participate in the reorganization of the Native Hawaiian 
     governing entity.
       (3) Apology resolution.--The term ``Apology Resolution'' 
     means Public Law 103-150, (107 Stat. 1510), a Joint 
     Resolution extending an apology to Native Hawaiians on behalf 
     of the United States for the participation of agents of the 
     United States in the January 17, 1893, overthrow of the 
     Kingdom of Hawaii.
       (4) Commission.--The term ``commission'' means the 
     Commission established under section 7(b) to provide for the 
     certification that those adult members of the Native Hawaiian 
     community listed on the roll meet the definition of Native 
     Hawaiian set forth in paragraph (8).
       (5) Council.--The term ``council'' means the Native 
     Hawaiian Interim Governing Council established under section 
     7(c)(2).
       (6) Indigenous, native people.--The term ``indigenous, 
     native people'' means the lineal descendants of the 
     aboriginal, indigenous, native people of the United States.
       (7) Interagency coordinating group.--The term ``Interagency 
     Coordinating Group'' means the Native Hawaiian Interagency 
     Coordinating Group established under section 6.
       (8) Native hawaiian.--For the purpose of establishing the 
     roll authorized under section 7(c)(1) and before the 
     reaffirmation of the political and legal relationship between 
     the United States and the Native Hawaiian governing entity, 
     the term ``Native Hawaiian'' means--
       (A) an individual who is one of the indigenous, native 
     people of Hawaii and who is a direct lineal descendant of the 
     aboriginal, indigenous, native people who--
       (i) resided in the islands that now comprise the State of 
     Hawaii on or before January 1, 1893; and
       (ii) occupied and exercised sovereignty in the Hawaiian 
     archipelago, including the area that now constitutes the 
     State of Hawaii; or
       (B) an individual who is one of the indigenous, native 
     people of Hawaii and who was eligible in 1921 for the 
     programs authorized by the Hawaiian Homes Commission Act (42 
     Stat. 108, chapter 42) or a direct lineal descendant of that 
     individual.
       (9) Native hawaiian governing entity.--The term ``Native 
     Hawaiian Governing Entity'' means the governing entity 
     organized by the Native Hawaiian people pursuant to this Act.
       (10) Office.--The term ``Office'' means the United States 
     Office for Native Hawaiian Relations established by section 
     5(a).
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 4. UNITED STATES POLICY AND PURPOSE.

       (a) Policy.--The United States reaffirms that--
       (1) Native Hawaiians are a unique and distinct, indigenous, 
     native people with whom the United States has a special 
     political and legal relationship;
       (2) the United States has a special political and legal 
     relationship with the Native Hawaiian people which includes 
     promoting the welfare of Native Hawaiians;
       (3) Congress possesses the authority under the 
     Constitution, including but not limited to Article I, section 
     8, clause 3, to enact legislation to address the conditions 
     of Native Hawaiians and has exercised this authority through 
     the enactment of--
       (A) the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, 
     chapter 42);
       (B) the Act entitled ``An Act to provide for the admission 
     of the State of Hawaii into the Union'', approved March 18, 
     1959 (Public Law 86-3, 73 Stat. 4); and
       (C) more than 150 other Federal laws addressing the 
     conditions of Native Hawaiians;
       (4) Native Hawaiians have--
       (A) an inherent right to autonomy in their internal 
     affairs;
       (B) an inherent right of self-determination and self-
     governance;
       (C) the right to reorganize a Native Hawaiian governing 
     entity; and
       (D) the right to become economically self-sufficient; and
       (5) the United States shall continue to engage in a process 
     of reconciliation and political relations with the Native 
     Hawaiian people.
       (b) Purpose.--The purpose of this Act is to provide a 
     process for the reorganization of the Native Hawaiian 
     governing entity and the reaffirmation of the political and 
     legal relationship between the United States and the Native 
     Hawaiian governing entity for purposes of continuing a 
     government-to-government relationship.

     SEC. 5. UNITED STATES OFFICE FOR NATIVE HAWAIIAN RELATIONS.

       (a) Establishment.--There is established within the Office 
     of the Secretary, the United States Office for Native 
     Hawaiian Relations.
       (b) Duties.--The Office shall--
       (1) continue the process of reconciliation with the Native 
     Hawaiian people in furtherance of the Apology Resolution;
       (2) upon the reaffirmation of the political and legal 
     relationship between the Native Hawaiian governing entity and 
     the United States, effectuate and coordinate the special 
     political and legal relationship between the Native Hawaiian 
     governing entity and the United States through the Secretary, 
     and with all other Federal agencies;
       (3) fully integrate the principle and practice of 
     meaningful, regular, and appropriate consultation with the 
     Native Hawaiian governing entity by providing timely notice 
     to, and consulting with, the Native Hawaiian people and the 
     Native Hawaiian governing entity before taking any actions 
     that may have the potential to significantly affect Native 
     Hawaiian resources, rights, or lands;
       (4) consult with the Interagency Coordinating Group, other 
     Federal agencies, the Governor of the State of Hawaii and 
     relevant agencies of the State of Hawaii on policies, 
     practices, and proposed actions affecting Native Hawaiian 
     resources, rights, or lands; and
       (5) prepare and submit to the Committee on Indian Affairs 
     and the Committee on Energy and Natural Resources of the 
     Senate and the Committee on Resources of the House of 
     Representatives an annual report detailing the activities of 
     the Interagency Coordinating Group that are undertaken with 
     respect to the continuing process of reconciliation and to 
     effect meaningful consultation with the Native Hawaiian 
     governing entity and providing recommendations for any 
     necessary changes to Federal law or regulations promulgated 
     under the authority of Federal law.

     SEC. 6. NATIVE HAWAIIAN INTERAGENCY COORDINATING GROUP.

       (a) Establishment.--In recognition that Federal programs 
     authorized to address the conditions of Native Hawaiians are 
     largely administered by Federal agencies other than the 
     Department of the Interior, there is established an 
     interagency coordinating group to be known as the ``Native 
     Hawaiian Interagency Coordinating Group''.
       (b) Composition.--The Interagency Coordinating Group shall 
     be composed of officials, to be designated by the President, 
     from--
       (1) each Federal agency that administers Native Hawaiian 
     programs, establishes or implements policies that affect 
     Native Hawaiians, or whose actions may significantly or 
     uniquely impact Native Hawaiian resources, rights, or lands; 
     and
       (2) the Office.
       (c) Lead Agency.--
       (1) In general.--The Department of the Interior shall serve 
     as the lead agency of the Interagency Coordinating Group.
       (2) Meetings.--The Secretary shall convene meetings of the 
     Interagency Coordinating Group.
       (d) Duties.--The Interagency Coordinating Group shall--
       (1) coordinate Federal programs and policies that affect 
     Native Hawaiians or actions by any agency or agencies of the 
     Federal Government that may significantly or uniquely affect 
     Native Hawaiian resources, rights, or lands;
       (2) ensure that each Federal agency develops a policy on 
     consultation with the Native Hawaiian people, and upon the 
     reaffirmation of the political and legal relationship between 
     the Native Hawaiian governing entity and the United States, 
     consultation with the Native Hawaiian governing entity; and
       (3) ensure the participation of each Federal agency in the 
     development of the report to Congress authorized in section 
     5(b)(5).

     SEC. 7. PROCESS FOR THE REORGANIZATION OF THE NATIVE HAWAIIAN 
                   GOVERNING ENTITY AND THE REAFFIRMATION OF THE 
                   POLITICAL AND LEGAL RELATIONSHIP BETWEEN THE 
                   UNITED STATES AND THE NATIVE HAWAIIAN GOVERNING 
                   ENTITY.

       (a) Recognition of the Native Hawaiian Governing Entity.--
     The right of the Native

[[Page 667]]

     Hawaiian people to reorganize the Native Hawaiian governing 
     entity to provide for their common welfare and to adopt 
     appropriate organic governing documents is recognized by the 
     United States.
       (b) Commission.--
       (1) In general.--There is authorized to be established a 
     Commission to be composed of nine members for the purposes 
     of--
       (A) preparing and maintaining a roll of the adult members 
     of the Native Hawaiian community who elect to participate in 
     the reorganization of the Native Hawaiian governing entity; 
     and
       (B) certifying that the adult members of the Native 
     Hawaiian community proposed for inclusion on the roll meet 
     the definition of Native Hawaiian in paragraph (8) of section 
     3.
       (2) Membership.--
       (A) Appointment.--Within 180 days of the date of enactment 
     of this Act, the Secretary shall appoint the members of the 
     Commission in accordance with subclause (B). Any vacancy on 
     the Commission shall not affect its powers and shall be 
     filled in the same manner as the original appointment.
       (B) Requirements.--The members of the Commission shall be 
     Native Hawaiian, as defined in section 3(8), and shall have 
     expertise in the determination of Native Hawaiian ancestry 
     and lineal descendancy.
       (3) Expenses.--Each member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (4) Duties.--The Commission shall--
       (A) prepare and maintain a roll of the adult members of the 
     Native Hawaiian community who elect to participate in the 
     reorganization of the Native Hawaiian governing entity; and
       (B) certify that each of the adult members of the Native 
     Hawaiian community proposed for inclusion on the roll meets 
     the definition of Native Hawaiian in section 3(8).
       (5) Staff.--
       (A) In general.--The Commission may, without regard to the 
     civil service laws (including regulations), appoint and 
     terminate an executive director and such other additional 
     personnel as are necessary to enable the Commission to 
     perform the duties of the Commission.
       (B) Compensation.--
       (i) In general.--Except as provided in clause (ii), the 
     Commission may fix the compensation of the executive director 
     and other personnel without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates.
       (ii) Maximum rate of pay.--The rate of pay for the 
     executive director and other personnel shall not exceed the 
     rate payable for level V of the Executive Schedule under 
     section 5316 of title 5, United States Code.
       (6) Detail of federal government employees.--
       (A) In general.--An employee of the Federal Government may 
     be detailed to the Commission without reimbursement.
       (B) Civil service status.--The detail of the employee shall 
     be without interruption or loss of civil service status or 
     privilege.
       (7) Procurement of temporary and intermittent services.--
     The Commission may procure temporary and intermittent 
     services in accordance with section 3109(b) of title 5, 
     United States Code, at rates for individuals that do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of that title.
       (8) Expiration.--The Secretary shall dissolve the 
     Commission upon the reaffirmation of the political and legal 
     relationship between the Native Hawaiian governing entity and 
     the United States.
       (c) Process for the Reorganization of the Native Hawaiian 
     Governing Entity.--
       (1) Roll.--
       (A) Contents.--The roll shall include the names of the 
     adult members of the Native Hawaiian community who elect to 
     participate in the reorganization of the Native Hawaiian 
     governing entity and are certified to be Native Hawaiian as 
     defined in section 3(8) by the Commission.
       (B) Formation of roll.--Each adult member of the Native 
     Hawaiian community who elects to participate in the 
     reorganization of the Native Hawaiian governing entity shall 
     submit to the Commission documentation in the form 
     established by the Commission that is sufficient to enable 
     the Commission to determine whether the individual meets the 
     definition of Native Hawaiian in section 3(8).
       (C) Documentation.--The Commission shall--
       (i) identify the types of documentation that may be 
     submitted to the Commission that would enable the Commission 
     to determine whether an individual meets the definition of 
     Native Hawaiian in section 3(8);
       (ii) establish a standard format for the submission of 
     documentation; and
       (iii) publish information related to clauses (i) and (ii) 
     in the Federal Register;
       (D) Consultation.--In making determinations that each of 
     the adult members of the Native Hawaiian community proposed 
     for inclusion on the roll meets the definition of Native 
     Hawaiian in section 3(8), the Commission may consult with 
     Native Hawaiian organizations, agencies of the State of 
     Hawaii including but not limited to the Department of 
     Hawaiian Home Lands, the Office of Hawaiian Affairs, and the 
     State Department of Health, and other entities with expertise 
     and experience in the determination of Native Hawaiian 
     ancestry and lineal descendancy.
       (E) Certification and submittal of roll to secretary.--The 
     Commission shall--
       (i) submit the roll containing the names of the adult 
     members of the Native Hawaiian community who meet the 
     definition of Native Hawaiian in section 3(8) to the 
     Secretary within two years from the date on which the 
     Commission is fully composed; and
       (ii) certify to the Secretary that each of the adult 
     members of the Native Hawaiian community proposed for 
     inclusion on the roll meets the definition of Native Hawaiian 
     in section 3(8).
       (F) Publication.--Upon certification by the Commission to 
     the Secretary that those listed on the roll meet the 
     definition of Native Hawaiian in section 3(8), the Secretary 
     shall publish the roll in the Federal Register.
       (G) Appeal.--The Secretary may establish a mechanism for an 
     appeal for any person whose name is excluded from the roll 
     who claims to meet the definition of Native Hawaiian in 
     section 3(8) and to be 18 years of age or older.
       (H) Publication; update.--The Secretary shall--
       (i) publish the roll regardless of whether appeals are 
     pending;
       (ii) update the roll and the publication of the roll on the 
     final disposition of any appeal;
       (iii) update the roll to include any Native Hawaiian who 
     has attained the age of 18 and who has been certified by the 
     Commission as meeting the definition of Native Hawaiian in 
     section 3(8) after the initial publication of the roll or 
     after any subsequent publications of the roll.
       (I) Failure to act.--If the Secretary fails to publish the 
     roll, not later than 90 days after the date on which the roll 
     is submitted to the Secretary, the Commission shall publish 
     the roll notwithstanding any order or directive issued by the 
     Secretary or any other official of the Department of the 
     Interior to the contrary.
       (J) Effect of publication.--The publication of the initial 
     and updated roll shall serve as the basis for the eligibility 
     of adult members of the Native Hawaiian community whose names 
     are listed on those rolls to participate in the 
     reorganization of the Native Hawaiian governing entity.
       (2) Organization of the native hawaiian interim governing 
     council.--
       (A) Organization.--The adult members of the Native Hawaiian 
     community listed on the roll published under this section 
     may--
       (i) develop criteria for candidates to be elected to serve 
     on the Native Hawaiian Interim Governing Council;
       (ii) determine the structure of the Council; and
       (iii) elect members from individuals listed on the roll 
     published under this subsection to the Council.
       (B) Powers.--
       (i) In general.--The Council--

       (I) may represent those listed on the roll published under 
     this section in the implementation of this Act; and
       (II) shall have no powers other than powers given to the 
     Council under this Act.

       (ii) Funding.--The Council may enter into a contract with, 
     or obtain a grant from, any Federal or State agency to carry 
     out clause (iii).
       (iii) Activities.--

       (I) In general.--The Council may conduct a referendum among 
     the adult members of the Native Hawaiian community listed on 
     the roll published under this subsection for the purpose of 
     determining the proposed elements of the organic governing 
     documents of the Native Hawaiian governing entity, including 
     but not limited to--

       (aa) the proposed criteria for citizenship of the Native 
     Hawaiian governing entity;
       (bb) the proposed powers and authorities to be exercised by 
     the Native Hawaiian governing entity, as well as the proposed 
     privileges and immunities of the Native Hawaiian governing 
     entity;
       (cc) the proposed civil rights and protection of the rights 
     of the citizens of the Native Hawaiian governing entity and 
     all persons affected by the exercise of governmental powers 
     and authorities of the Native Hawaiian governing entity; and
       (dd) other issues determined appropriate by the Council.

       (II) Development of organic governing documents.--Based on 
     the referendum, the Council may develop proposed organic 
     governing documents for the Native Hawaiian governing entity.
       (III) Distribution.--The Council may distribute to all 
     adult members of the Native Hawaiian community listed on the 
     roll published under this subsection--

       (aa) a copy of the proposed organic governing documents, as 
     drafted by the Council; and
       (bb) a brief impartial description of the proposed organic 
     governing documents;

[[Page 668]]

       (IV) Elections.--The Council may hold elections for the 
     purpose of ratifying the proposed organic governing 
     documents, and on certification of the organic governing 
     documents by the Secretary in accordance with paragraph (4), 
     hold elections of the officers of the Native Hawaiian 
     governing entity pursuant to paragraph (5).

       (3) Submittal of organic governing documents.--Following 
     the reorganization of the Native Hawaiian governing entity 
     and the adoption of organic governing documents, the Council 
     shall submit the organic governing documents of the Native 
     Hawaiian governing entity to the Secretary.
       (4) Certifications.--
       (A) In general.--Within the context of the future 
     negotiations to be conducted under the authority of section 
     8(b)(1), and the subsequent actions by the Congress and the 
     State of Hawaii to enact legislation to implement the 
     agreements of the 3 governments, not later than 90 days after 
     the date on which the Council submits the organic governing 
     documents to the Secretary, the Secretary shall certify that 
     the organic governing documents--
       (i) establish the criteria for citizenship in the Native 
     Hawaiian governing entity;
       (ii) were adopted by a majority vote of the adult members 
     of the Native Hawaiian community whose names are listed on 
     the roll published by the Secretary;
       (iii) provide authority for the Native Hawaiian governing 
     entity to negotiate with Federal, State, and local 
     governments, and other entities;
       (iv) provide for the exercise of governmental authorities 
     by the Native Hawaiian governing entity, including any 
     authorities that may be delegated to the Native Hawaiian 
     governing entity by the United States and the State of Hawaii 
     following negotiations authorized in section 8(b)(1) and the 
     enactment of legislation to implement the agreements of the 3 
     governments;
       (v) prevent the sale, disposition, lease, or encumbrance of 
     lands, interests in lands, or other assets of the Native 
     Hawaiian governing entity without the consent of the Native 
     Hawaiian governing entity;
       (vi) provide for the protection of the civil rights of the 
     citizens of the Native Hawaiian governing entity and all 
     persons affected by the exercise of governmental powers and 
     authorities by the Native Hawaiian governing entity; and
       (vii) are consistent with applicable Federal law and the 
     special political and legal relationship between the United 
     States and the indigenous, native people of the United 
     States; provided that the provisions of Public Law 103-454, 
     25 U.S.C. 479a, shall not apply.
       (B) Resubmission in case of noncompliance with the 
     requirements of subparagraph (A).--
       (i) Resubmission by the secretary.--If the Secretary 
     determines that the organic governing documents, or any part 
     of the documents, do not meet all of the requirements set 
     forth in subparagraph (A), the Secretary shall resubmit the 
     organic governing documents to the Council, along with a 
     justification for each of the Secretary's findings as to why 
     the provisions are not in full compliance.
       (ii) Amendment and resubmission of organic governing 
     documents.--If the organic governing documents are 
     resubmitted to the Council by the Secretary under clause (i), 
     the Council shall--

       (I) amend the organic governing documents to ensure that 
     the documents meet all the requirements set forth in 
     subparagraph (A); and
       (II) resubmit the amended organic governing documents to 
     the Secretary for certification in accordance with this 
     paragraph.

       (C) Certifications deemed made.--The certifications under 
     paragraph (4) shall be deemed to have been made if the 
     Secretary has not acted within 90 days after the date on 
     which the Council has submitted the organic governing 
     documents of the Native Hawaiian governing entity to the 
     Secretary.
       (5) Elections.--On completion of the certifications by the 
     Secretary under paragraph (4), the Council may hold elections 
     of the officers of the Native Hawaiian governing entity.
       (6) Reaffirmation.--Notwithstanding any other provision of 
     law, upon the certifications required under paragraph (4) and 
     the election of the officers of the Native Hawaiian governing 
     entity, the political and legal relationship between the 
     United States and the Native Hawaiian governing entity is 
     hereby reaffirmed and the United States extends Federal 
     recognition to the Native Hawaiian governing entity as the 
     representative governing body of the Native Hawaiian people.

     SEC. 8. REAFFIRMATION OF DELEGATION OF FEDERAL AUTHORITY; 
                   NEGOTIATIONS; CLAIMS.

       (a) Reaffirmation.--The delegation by the United States of 
     authority to the State of Hawaii to address the conditions of 
     the indigenous, native people of Hawaii contained in the Act 
     entitled ``An Act to provide for the admission of the State 
     of Hawaii into the Union'' approved March 18, 1959 (Public 
     Law 86-3, 73 Stat. 4), is reaffirmed.
       (b) Negotiations.--
       (1) In general.--Upon the reaffirmation of the political 
     and legal relationship between the United States and the 
     Native Hawaiian governing entity, the United States and the 
     State of Hawaii may enter into negotiations with the Native 
     Hawaiian governing entity designed to lead to an agreement 
     addressing such matters as--
       (A) the transfer of lands, natural resources, and other 
     assets, and the protection of existing rights related to such 
     lands or resources;
       (B) the exercise of governmental authority over any 
     transferred lands, natural resources, and other assets, 
     including land use;
       (C) the exercise of civil and criminal jurisdiction;
       (D) the delegation of governmental powers and authorities 
     to the Native Hawaiian governing entity by the United States 
     and the State of Hawaii; and
       (E) any residual responsibilities of the United States and 
     the State of Hawaii.
       (2) Amendments to existing laws.--Upon agreement on any 
     matter or matters negotiated with the United States, the 
     State of Hawaii, and the Native Hawaiian governing entity, 
     the parties are authorized to submit--
       (A) to the Committee on Indian Affairs of the Senate, the 
     Committee on Energy and Natural Resources of the Senate, and 
     the Committee on Resources of the House of Representatives, 
     recommendations for proposed amendments to Federal law that 
     will enable the implementation of agreements reached between 
     the 3 governments; and
       (B) to the Governor and the legislature of the State of 
     Hawaii, recommendations for proposed amendments to State law 
     that will enable the implementation of agreements reached 
     between the 3 governments.
       (c) Claims.--
       (1) In general.--Nothing in this Act serves as a settlement 
     of any claim against the United States.
       (2) Statute of limitations.--Any claim against the United 
     States arising under Federal law that--
       (A) is in existence on the date of enactment of this Act;
       (B) is asserted by the Native Hawaiian governing entity on 
     behalf of the Native Hawaiian people; and
       (C) relates to the legal and political relationship between 
     the United States and the Native Hawaiian people;

     shall be brought in the court of jurisdiction over such 
     claims not later than 20 years after the date on which 
     Federal recognition is extended to the Native Hawaiian 
     governing entity under section 7(c)(6).

     SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS.

       (a) Indian Gaming Regulatory Act.--Nothing in this Act 
     shall be construed to authorize the Native Hawaiian governing 
     entity to conduct gaming activities under the authority of 
     the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
       (b) Bureau of Indian Affairs.--Nothing contained in this 
     Act provides an authorization for eligibility to participate 
     in any programs and services provided by the Bureau of Indian 
     Affairs for any persons not otherwise eligible for the 
     programs or services.

     SEC. 10. SEVERABILITY.

       If any section or provision of this Act is held invalid, it 
     is the intent of Congress that the remaining sections or 
     provisions shall continue in full force and effect.

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

  Mr. INOUYE. Mr. President, I am pleased to join my colleague, Senator 
Akaka, as a cosponsor of the Native Hawaiian Government Reorganization 
Act.
  Having served on the Indian Affairs Committee for the past 27 years, 
I know that most of our colleagues are more familiar with conditions 
and circumstances in Indian country, and naturally, they bring their 
experience with Indian country to bear in considering this measure, 
which has been pending in the Senate for the past six years.
  Accordingly, Mr. President, I believe it is important that our 
colleagues understand what this bill seeks to accomplish as well as how 
it differs from legislation affecting Indian country.
  It is a little known fact that beginning in 1910 and since that time, 
the Congress has passed and the President has signed into law over 160 
Federal laws designed to address the conditions of Native Hawaiians.
  Thus, Federal laws which authorize the provision of health care, 
education, housing, and job training and employment services, as well 
as programs to provide for the preservation of the Native Hawaiian 
language, Native language immersion, Native cultural and grave 
protections and repatriation of Native sacred objects have been in 
place for decades.

[[Page 669]]

  The Native Hawaiian programs do not draw upon funding that is 
appropriated for American Indians or Alaska Natives--there are separate 
authorizations for programs that are administered by different Federal 
agencies--not the Bureau of Indian Affairs or the Indian Health 
Service, for instance--and the Native Hawaiian program funds are not 
drawn from the Interior Appropriations Subcommittee account. Thus, they 
have no impact on the funding that is provided for the other 
indigenous, native people of the United States.
  However, unlike the native people residing on the mainland, Native 
Hawaiians have not been able to exercise their rights as Native people 
to self-determination or self-governance because their government was 
overthrown on January 17, 1893.
  This bill would provide a process for the reorganization of the 
Native Hawaiian government and the resumption of a political and legal 
relationship between that government and the government of the United 
States.
  Because the Native Hawaiian government is not an Indian tribe, the 
body of Federal Indian law that would otherwise customarily apply when 
the United States extends Federal recognition to an Indian tribal group 
does not apply.
  Thus, the bill provides authority for a process of negotiations 
amongst the United States, the State of Hawaii, and the reorganized 
Native Hawaiian government to address such matters as the exercise of 
civil and criminal jurisdiction by the respective governments, the 
transfer of land and natural resources and other assets, and the 
exercise of governmental authority over those lands, natural resources 
and other assets.
  Upon reaching agreement, the U.S. Congress and the legislature of 
State of Hawaii would have to enact legislation implementing the 
agreements of the three governments, including amendments that will 
necessarily have to be made to existing Federal law, such as the Hawaii 
Admissions Act and the Hawaiian Homes Commission Act, and to State law, 
including amendments to the Hawaii State Constitution, before any of 
the new governmental relationships and authorities can take effect.
  That is why concerns which are premised on the manner in which 
Federal Indian law provides for the respective governmental authorities 
of the state governments and Indian tribal governments simply don't 
apply in Hawaii.
  Our state government, both the Governor and the state legislature of 
Hawaii, fully support enactment of this measure. They will be at the 
table with the United States and the Native Hawaiian government to 
shape the relationships amongst governments that will best serve the 
needs and interests not only of the Native Hawaiian community but those 
of all of the citizens of Hawaii.
  Mr. President, we have every confidence that consistent with the 
Federal policy of the last 35 years, the restoration of the rights to 
self-determination and self-governance will enable the Native Hawaiian 
people, as the direct, lineal descendants of the aboriginal, indigenous 
native people of what has become our nation's fiftieth state, to take 
their rightful place in the family of governments that makes up our 
constitutional system of governance.
                                 ______
                                 
      By Mr. McCAIN (for himself, Mr. Stevens, and Mr. Dorgan):
  S. 148. A bill to establish a United States Boxing Commission to 
administer the Act, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. McCAIN. Mr. President, today I am pleased to be joined by 
Senators Stevens and Dorgan in introducing the Professional Boxing 
Amendments Act of 2005. This legislation is virtually identical to a 
measure approved unanimously by the Senate last year. I remain 
committed to moving the Professional Boxing Amendments Act through the 
Senate and I trust that my colleagues will once again vote favorably on 
this important legislation. Simply put, this legislation would better 
protect professional boxing from the fraud, corruption, and ineffective 
regulation that have plagued the sport for far too many years, and that 
have devastated physically and financially many of our Nation's 
professional boxers.
  For almost a decade, Congress has made efforts to improve the sport 
of professional boxing--and for very good reason. With rare exception, 
professional boxers come from the lowest rung on our economic ladder. 
They are the least educated and most exploited athletes in our Nation. 
The Professional Boxing Safety Act of 1996 and the Muhammad Ali Boxing 
Reform Act of 2000 established uniform health and safety standards for 
professional boxers, as well as basic protections for boxers against 
the sometimes coercive, exploitative, and unethical business practices 
of promoters, managers, and sanctioning organizations. But further 
action is needed.
  The Professional Boxing Amendments Act would strengthen existing 
Federal boxing law by improving the basic health and safety standards 
for professional boxers, establishing a centralized medical registry to 
be used by local commissions to protect boxers, reducing the arbitrary 
practices of sanctioning organizations, and enhancing the uniformity 
and basic standards for professional boxing contracts. Most 
importantly, this legislation would establish a Federal regulatory 
entity to oversee professional boxing and set basic uniform standards 
for certain aspects of the sport.
  Current Federal boxing law has improved to some extent the state of 
professional boxing. However, I remain concerned, as do many others, 
that the sport remains at risk. Some State and tribal boxing 
commissions still to this day do not comply with Federal boxing law, 
and there is still a troubling lack of enforcement of the law by both 
Federal and State officials. Indeed, professional boxing remains the 
only major sport in the United States that does not have a strong, 
centralized association, league, or other regulatory body to establish 
and enforce uniform rules and practices. Because a powerful few benefit 
greatly from the current system of patchwork compliance and enforcement 
of Federal boxing law, a national self-regulating organization--though 
preferable to Federal government oversight--is not a realistic option.
  Ineffective and inconsistent oversight of professional boxing has 
contributed to the continuing scandals, controversies, unethical 
practices, and unnecessary deaths in the sport. These problems have led 
many in professional boxing to conclude that the only solution is an 
effective and accountable Federal boxing commission. The Professional 
Boxing Amendments Act would create such an entity.
  This bill would establish the United States Boxing Commission (USBC 
or Commission). The Commission would be responsible for protecting the 
health, safety, and general interests of professional boxers. The USBC 
would also be responsible for ensuring uniformity, fairness, and 
integrity in professional boxing. More specifically, the Commission 
would administer Federal boxing law and coordinate with other Federal 
regulatory agencies to ensure that this law is enforced; oversee all 
professional boxing matches in the United States; and work with the 
boxing industry and local commissions to improve the safety, integrity, 
and professionalism of professional boxing in the United States.
  The USBC would also license boxers, promoters, managers, and 
sanctioning organizations. The Commission would have the authority to 
revoke such a license for violations of Federal boxing law, to stop 
unethical or illegal conduct, to protect the health and safety of a 
boxer, or if the revocation is otherwise in the public interest.
  It is important to state clearly and plainly for the record that the 
purpose of the USBC is not to interfere with the daily operations of 
State and tribal boxing commissions. Instead, the Commission would work 
in consultation with local commissions, and it would only exercise its 
authority when reasonable grounds exist for such intervention. In point 
of fact, the Professional Boxing Amendments Act states

[[Page 670]]

explicitly that it would not prohibit any boxing commission from 
exercising any of its powers, duties, or functions with respect to the 
regulation or supervision of professional boxing to the extent not 
inconsistent with the provisions of Federal boxing law.
  Let there be no doubt, however, of the very basic and pressing need 
in professional boxing for a Federal boxing commission. The 
establishment of the USBC would address that need.
  The problems that plague the sport of professional boxing undermine 
the credibility of the sport in the eyes of the public--and more 
importantly--compromise the safety of boxers. The Professional Boxing 
Amendments Act provides an effective approach to curbing these 
problems. I again urge my colleagues to support this legislation.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 148

       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 
     ``Professional Boxing Amendments Act of 2005''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Professional Boxing Safety Act of 1996.
Sec. 3. Definitions.
Sec. 4. Purposes.
Sec. 5. United States Boxing Commission approval, or ABC or commission 
              sanction, required for matches.
Sec. 6. Safety standards.
Sec. 7. Registration.
Sec. 8. Review.
Sec. 9. Reporting.
Sec. 10. Contract requirements.
Sec. 11. Coercive contracts.
Sec. 12. Sanctioning organizations.
Sec. 13. Required disclosures by sanctioning organizations.
Sec. 14. Required disclosures by promoters and broadcasters.
Sec. 15. Judges and referees.
Sec. 16. Medical registry.
Sec. 17. Conflicts of interest.
Sec. 18. Enforcement.
Sec. 19. Repeal of deadwood.
Sec. 20. Recognition of tribal law.
Sec. 21. Establishment of United States Boxing Commission.
Sec. 22. Study and report on definition of promoter.
Sec. 23. Effective date.

     SEC. 2. AMENDMENT OF PROFESSIONAL BOXING SAFETY ACT OF 1996.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Professional Boxing Safety Act of 1996 
     (15 U.S.C. 6301 et seq.).

     SEC. 3. DEFINITIONS.

       (a) In General.--Section 2 (15 U.S.C. 6301) is amended to 
     read as follows:

     ``SEC. 2. DEFINITIONS.

       ``In this Act:
       ``(1) Commission.--The term `Commission' means the United 
     States Boxing Commission.
       ``(2) Bout agreement.--The term `bout agreement' means a 
     contract between a promoter and a boxer that requires the 
     boxer to participate in a professional boxing match for a 
     particular date.
       ``(3) Boxer.--The term `boxer' means an individual who 
     fights in a professional boxing match.
       ``(4) Boxing commission.--The term `boxing commission' 
     means an entity authorized under State or tribal law to 
     regulate professional boxing matches.
       ``(5) Boxer registry.--The term `boxer registry' means any 
     entity certified by the Commission for the purposes of 
     maintaining records and identification of boxers.
       ``(6) Boxing service provider.--The term `boxing service 
     provider' means a promoter, manager, sanctioning body, 
     licensee, or matchmaker.
       ``(7) Contract provision.--The term `contract provision' 
     means any legal obligation between a boxer and a boxing 
     service provider.
       ``(8) Indian lands; indian tribe.--The terms `Indian lands' 
     and `Indian tribe' have the meanings given those terms by 
     paragraphs (4) and (5), respectively, of section 4 of the 
     Indian Gaming Regulatory Act (25 U.S.C. 2703).
       ``(9) Licensee.--The term `licensee' means an individual 
     who serves as a trainer, corner man, second, or cut man for a 
     boxer.
       ``(10) Manager.--The term `manager' means a person other 
     than a promoter who, under contract, agreement, or other 
     arrangement with a boxer, undertakes to control or 
     administer, directly or indirectly, a boxing-related matter 
     on behalf of that boxer, including a person who is a booking 
     agent for a boxer.
       ``(11) Matchmaker.--The term `matchmaker' means a person 
     that proposes, selects, and arranges for boxers to 
     participate in a professional boxing match.
       ``(12) Physician.--The term `physician' means a doctor of 
     medicine legally authorized to practice medicine by the State 
     in which the physician performs such function or action and 
     who has training and experience in dealing with sports 
     injuries, particularly head trauma.
       ``(13) Professional boxing match.--The term `professional 
     boxing match' means a boxing contest held in the United 
     States between individuals for financial compensation. The 
     term `professional boxing match' does not include a boxing 
     contest that is regulated by a duly recognized amateur sports 
     organization, as approved by the Commission.
       ``(14) Promoter.--The term `promoter'--
       ``(A) means the person primarily responsible for 
     organizing, promoting, and producing a professional boxing 
     match; but
       ``(B) does not include a hotel, casino, resort, or other 
     commercial establishment hosting or sponsoring a professional 
     boxing match unless--
       ``(i) the hotel, casino, resort, or other commercial 
     establishment is primarily responsible for organizing, 
     promoting, and producing the match; and
       ``(ii) there is no other person primarily responsible for 
     organizing, promoting, and producing the match.
       ``(15) Promotional agreement.--The term `promotional 
     agreement' means a contract, for the acquisition of rights 
     relating to a boxer's participation in a professional boxing 
     match or series of boxing matches (including the right to 
     sell, distribute, exhibit, or license the match or matches), 
     with--
       ``(A) the boxer who is to participate in the match or 
     matches; or
       ``(B) the nominee of a boxer who is to participate in the 
     match or matches, or the nominee is an entity that is owned, 
     controlled or held in trust for the boxer unless that nominee 
     or entity is a licensed promoter who is conveying a portion 
     of the rights previously acquired.
       ``(16) State.--The term `State' means each of the 50 
     States, Puerto Rico, the District of Columbia, and any 
     territory or possession of the United States, including the 
     Virgin Islands.
       ``(17) Sanctioning organization.--The term `sanctioning 
     organization' means an organization, other than a boxing 
     commission, that sanctions professional boxing matches, ranks 
     professional boxers, or charges a sanctioning fee for 
     professional boxing matches in the United States--
       ``(A) between boxers who are residents of different States; 
     or
       ``(B) that are advertised, otherwise promoted, or broadcast 
     (including closed circuit television) in interstate commerce.
       ``(18) Suspension.--The term `suspension' includes within 
     its meaning the temporary revocation of a boxing license.
       ``(19) Tribal organization.--The term `tribal organization' 
     has the same meaning as in section 4(l) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(l)).''.
       (b) Conforming Amendment.--Section 21 (15 U.S.C. 6312) is 
     amended to read as follows:

     ``SEC. 21. PROFESSIONAL BOXING MATCHES CONDUCTED ON INDIAN 
                   LANDS.

       ``(a) In General.--Notwithstanding any other provision of 
     law, a tribal organization may establish a boxing commission 
     to regulate professional boxing matches held on Indian land 
     under the jurisdiction of that tribal organization.
       ``(b) Standards and Licensing.--A tribal organization that 
     establishes a boxing commission shall, by tribal ordinance or 
     resolution, establish and provide for the implementation of 
     health and safety standards, licensing requirements, and 
     other requirements relating to the conduct of professional 
     boxing matches that are at least as restrictive as--
       ``(1) the otherwise applicable requirements of the State in 
     which the Indian land on which the professional boxing match 
     is held is located; or
       ``(2) the guidelines established by the United States 
     Boxing Commission.
       ``(c) Application of Act to Boxing Matches on Tribal 
     Lands.--The provisions of this Act apply to professional 
     boxing matches held on tribal lands to the same extent and in 
     the same way as they apply to professional boxing matches 
     held in any State.''.

     SEC. 4. PURPOSES.

       Section 3(2) (15 U.S.C. 6302(2)) is amended by striking 
     ``State''.

     SEC. 5. UNITED STATES BOXING COMMISSION APPROVAL, OR ABC OR 
                   COMMISSION SANCTION, REQUIRED FOR MATCHES.

       (a) In General.--Section 4 (15 U.S.C. 6303) is amended to 
     read as follows:

     ``SEC. 4. APPROVAL OR SANCTION REQUIREMENT.

       ``(a) In General.--No person may arrange, promote, 
     organize, produce, or fight in a professional boxing match 
     within the United States unless the match--
       ``(1) is approved by the Commission; and

[[Page 671]]

       ``(2) is held in a State, or on tribal land of a tribal 
     organization, that regulates professional boxing matches in 
     accordance with standards and criteria established by the 
     Commission.
       ``(b) Approval Presumed.--
       ``(1) In general.--For purposes of subsection (a), the 
     Commission shall be presumed to have approved any match other 
     than--
       ``(A) a match with respect to which the Commission has been 
     informed of an alleged violation of this Act and with respect 
     to which it has notified the supervising boxing commission 
     that it does not approve;
       ``(B) a match advertised to the public as a championship 
     match;
       ``(C) a match scheduled for 10 rounds or more; or
       ``(D) a match in which 1 of the boxers has--
       ``(i) suffered 10 consecutive defeats in professional 
     boxing matches; or
       ``(ii) has been knocked out 5 consecutive times in 
     professional boxing matches.
       ``(2) Delegation of approval authority.--Notwithstanding 
     paragraph (1), the Commission shall be presumed to have 
     approved a match described in subparagraph (B), (C), or (D) 
     of paragraph (1) if--
       ``(A) the Commission has delegated its approval authority 
     with respect to that match to a boxing commission; and
       ``(B) the boxing commission has approved the match.
       ``(3) Knocked-out defined.--Except as may be otherwise 
     provided by the Commission by rule, in paragraph (1)(D)(ii), 
     the term `knocked out' means knocked down and unable to 
     continue after a count of 10 by the referee or stopped from 
     continuing because of a technical knockout.''.
       (b) Conforming Amendment.--Section 19 (15 U.S.C. 6310) is 
     repealed.

     SEC. 6. SAFETY STANDARDS.

       Section 5 (15 U.S.C. 6304) is amended--
       (1) by striking ``requirements or an alternative 
     requirement in effect under regulations of a boxing 
     commission that provides equivalent protection of the health 
     and safety of boxers:'' and inserting ``requirements:'';
       (2) by adding at the end of paragraph (1) ``The examination 
     shall include testing for infectious diseases in accordance 
     with standards established by the Commission.'';
       (3) by striking paragraph (2) and inserting the following:
       ``(2) An ambulance continuously present on site.'';
       (4) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively, and inserting after paragraph (2) 
     the following:
       ``(3) Emergency medical personnel with appropriate 
     resuscitation equipment continuously present on site.''; and
       (5) by striking ``match.'' in paragraph (5), as 
     redesignated, and inserting ``match in an amount prescribed 
     by the Commission.''.

     SEC. 7. REGISTRATION.

       Section 6 (15 U.S.C. 6305) is amended--
       (1) by inserting ``or Indian tribe'' after ``State'' the 
     second place it appears in subsection (a)(2);
       (2) by striking the first sentence of subsection (c) and 
     inserting ``A boxing commission shall, in accordance with 
     requirements established by the Commission, make a health and 
     safety disclosure to a boxer when issuing an identification 
     card to that boxer.'';
       (3) by striking ``should'' in the second sentence of 
     subsection (c) and inserting ``shall, at a minimum,''; and
       (4) by adding at the end the following:
       ``(d) Copy of Registration and Identification Cards To Be 
     Sent to Commission.--A boxing commission shall furnish a copy 
     of each registration received under subsection (a), and each 
     identification card issued under subsection (b), to the 
     Commission.''.

     SEC. 8. REVIEW.

       Section 7 (15 U.S.C. 6306) is amended--
       (1) by striking ``that, except as provided in subsection 
     (b), no'' in subsection (a)(2) and inserting ``that no'';
       (2) by striking paragraphs (3) and (4) of subsection (a) 
     and inserting the following:
       ``(3) Procedures to review a summary suspension when a 
     hearing before the boxing commission is requested by a boxer, 
     licensee, manager, matchmaker, promoter, or other boxing 
     service provider which provides an opportunity for that 
     person to present evidence.'';
       (3) by striking subsection (b); and
       (4) by striking ``(a) Procedures.--''.

     SEC. 9. REPORTING.

       Section 8 (15 U.S.C. 6307) is amended--
       (1) by striking ``48 business hours'' and inserting ``2 
     business days'';
       (2) by striking ``bxoing'' and inserting ``boxing''; and
       (3) by striking ``each boxer registry.'' and inserting 
     ``the Commission.''.

     SEC. 10. CONTRACT REQUIREMENTS.

       Section 9 (15 U.S.C. 6307a) is amended to read as follows:

     ``SEC. 9. CONTRACT REQUIREMENTS.

       ``(a) In General.--The Commission, in consultation with the 
     Association of Boxing Commissions, shall develop guidelines 
     for minimum contractual provisions that shall be included in 
     each bout agreement, boxer-manager contract, and promotional 
     agreement. Each boxing commission shall ensure that these 
     minimal contractual provisions are present in any such 
     agreement or contract submitted to it.
       ``(b) Filing and Approval Requirements.--
       ``(1) Commission.--A manager or promoter shall submit a 
     copy of each boxer-manager contract and each promotional 
     agreement between that manager or promoter and a boxer to the 
     Commission, and, if requested, to the boxing commission with 
     jurisdiction over the bout.
       ``(2) Boxing commission.--A boxing commission may not 
     approve a professional boxing match unless a copy of the bout 
     agreement related to that match has been filed with it and 
     approved by it.
       ``(c) Bond or Other Surety.--A boxing commission may not 
     approve a professional boxing match unless the promoter of 
     that match has posted a surety bond, cashier's check, letter 
     of credit, cash, or other security with the boxing commission 
     in an amount acceptable to the boxing commission.''.

     SEC. 11. COERCIVE CONTRACTS.

       Section 10 (15 U.S.C. 6307b) is amended--
       (1) by striking paragraph (3) of subsection (a);
       (2) by inserting ``or elimination'' after ``mandatory'' in 
     the heading of subsection (b); and
       (3) by inserting ``or elimination'' after ``mandatory'' in 
     subsection (b).

     SEC. 12. SANCTIONING ORGANIZATIONS.

       (a) In General.--Section 11 (15 U.S.C. 6307c) is amended to 
     read as follows:

     ``SEC. 11. SANCTIONING ORGANIZATIONS.

       ``(a) Objective Criteria.--Within 1 year after the date of 
     enactment of the Professional Boxing Amendments Act of 2005, 
     the Commission shall develop guidelines for objective and 
     consistent written criteria for the rating of professional 
     boxers based on the athletic merits and professional record 
     of the boxers. Within 90 days after the Commission's 
     promulgation of the guidelines, each sanctioning organization 
     shall adopt the guidelines and follow them.
       ``(b) Notification of Change in Rating.--A sanctioning 
     organization shall, with respect to a change in the rating of 
     a boxer previously rated by such organization in the top 10 
     boxers--
       ``(1) post a copy, within 7 days after the change, on its 
     Internet website or home page, if any, including an 
     explanation of the change, for a period of not less than 30 
     days;
       ``(2) provide a copy of the rating change and a thorough 
     explanation in writing under penalty of perjury to the boxer 
     and the Commission;
       ``(3) provide the boxer an opportunity to appeal the 
     ratings change to the sanctioning organization; and
       ``(4) apply the objective criteria for ratings required 
     under subsection (a) in considering any such appeal.
       ``(c) Challenge of Rating.--If, after disposing with an 
     appeal under subsection (b)(3), a sanctioning organization 
     receives a petition from a boxer challenging that 
     organization's rating of the boxer, it shall (except to the 
     extent otherwise required by the Commission), within 7 days 
     after receiving the petition--
       ``(1) provide to the boxer a written explanation under 
     penalty of perjury of the organization's rating criteria, its 
     rating of the boxer, and the rationale or basis for its 
     rating (including a response to any specific questions 
     submitted by the boxer); and
       ``(2) submit a copy of its explanation to the Association 
     of Boxing Commissions and the Commission for their review.''.
       (b) Conforming Amendments.--Section 18(e) (15 U.S.C. 
     6309(e)) is amended--
       (1) by striking ``Federal Trade Commission,'' in the 
     subsection heading and inserting ``United States Boxing 
     Commission''; and
       (2) by striking ``Federal Trade Commission,'' in paragraph 
     (1) and inserting ``United States Boxing Commission,''.

     SEC. 13. REQUIRED DISCLOSURES BY SANCTIONING ORGANIZATIONS.

       Section 12 (15 U.S.C. 6307d) is amended--
       (1) by striking the matter preceding paragraph (1) and 
     inserting ``Within 7 days after a professional boxing match 
     of 10 rounds or more, the sanctioning organization, if any, 
     for that match shall provide to the Commission, and, if 
     requested, to the boxing commission in the State or on Indian 
     land responsible for regulating the match, a written 
     statement of--'';
       (2) by striking ``will assess'' in paragraph (1) and 
     inserting ``has assessed, or will assess,''; and
       (3) by striking ``will receive'' in paragraph (2) and 
     inserting ``has received, or will receive,''.

     SEC. 14. REQUIRED DISCLOSURES BY PROMOTERS AND BROADCASTERS.

       Section 13 (15 U.S.C. 6307e) is amended--
       (1) by striking ``PROMOTERS.'' in the section caption and 
     inserting ``PROMOTERS AND BROADCASTERS.'';
       (2) by striking so much of subsection (a) as precedes 
     paragraph (1) and inserting the following:
       ``(a) Disclosures to Boxing Commissions and the 
     Commission.--Within 7 days after a professional boxing match 
     of 10 rounds or more, the promoter of any boxer participating 
     in that match shall provide to the Commission, and, if 
     requested, to the boxing commission in the State or on Indian 
     land responsible for regulating the match--'';

[[Page 672]]

       (3) by striking ``writing,'' in subsection (a)(1) and 
     inserting ``writing, other than a bout agreement previously 
     provided to the commission,'';
       (4) by striking ``all fees, charges, and expenses that will 
     be'' in subsection (a)(3)(A) and inserting ``a written 
     statement of all fees, charges, and expenses that have been, 
     or will be,'';
       (5) by inserting ``a written statement of'' before ``all'' 
     in subsection (a)(3)(B);
       (6) by inserting ``a statement of'' before ``any'' in 
     subsection (a)(3)(C);
       (7) by striking the matter in subsection (b) following 
     ``Boxer.--'' and preceding paragraph (1) and inserting 
     ``Within 7 days after a professional boxing match of 10 
     rounds or more, the promoter of the match shall provide to 
     each boxer participating in the bout or match with whom the 
     promoter has a bout or promotional agreement a statement of--
     '';
       (8) by striking ``match;'' in subsection (b)(1) and 
     inserting ``match, and that the promoter has paid, or agreed 
     to pay, to any other person in connection with the match;''; 
     and
       (9) by adding at the end the following:
       ``(d) Required Disclosures by Broadcasters.--
       ``(1) In general.--A broadcaster that owns the television 
     broadcast rights for a professional boxing match of 10 rounds 
     or more shall, within 7 days after that match, provide to the 
     Commission--
       ``(A) a statement of any advance, guarantee, or license fee 
     paid or owed by the broadcaster to a promoter in connection 
     with that match;
       ``(B) a copy of any contract executed by or on behalf of 
     the broadcaster with--
       ``(i) a boxer who participated in that match; or
       ``(ii) the boxer's manager, promoter, promotional company, 
     or other representative or the owner or representative of the 
     site of the match; and
       ``(C) a list identifying sources of income received from 
     the broadcast of the match.
       ``(2) Copy to boxing commission.--Upon request from the 
     boxing commission in the State or Indian land responsible for 
     regulating a match to which paragraph (1) applies, a 
     broadcaster shall provide the information described in 
     paragraph (1) to that boxing commission.
       ``(3) Confidentiality.--The information provided to the 
     Commission or to a boxing commission pursuant to this 
     subsection shall be confidential and not revealed by the 
     Commission or a boxing commission, except that the Commission 
     may publish an analysis of the data in aggregate form or in a 
     manner which does not disclose confidential information about 
     identifiable broadcasters.
       ``(4) Television broadcast rights.--In paragraph (1), the 
     term `television broadcast rights' means the right to 
     broadcast the match, or any part thereof, via a broadcast 
     station, cable service, or multichannel video programming 
     distributor as such terms are defined in section 3(5), 
     602(6), and 602(13) of the Communications Act of 1934 (47 
     U.S.C. 153(5), 602(6), and 602(13), respectively).''.

     SEC. 15. JUDGES AND REFEREES.

       (a) In General.--Section 16 (15 U.S.C. 6307h) is amended--
       (1) by inserting ``(a) Licensing and Assignment 
     Requirement.--'' before ``No person'';
       (2) by striking ``certified and approved'' and inserting 
     ``selected'';
       (3) by inserting ``or Indian lands'' after ``State''; and
       (4) by adding at the end the following:
       ``(b) Championship and 10-round Bouts.--In addition to the 
     requirements of subsection (a), no person may arrange, 
     promote, organize, produce, or fight in a professional boxing 
     match advertised to the public as a championship match or in 
     a professional boxing match scheduled for 10 rounds or more 
     unless all referees and judges participating in the match 
     have been licensed by the Commission.
       ``(c) Role of Sanctioning Organization.--A sanctioning 
     organization may provide a list of judges and referees deemed 
     qualified by that organization to a boxing commission, but 
     the boxing commission shall select, license, and appoint the 
     judges and referees participating in the match.
       ``(d) Assignment of Nonresident Judges and Referees.--A 
     boxing commission may assign judges and referees who reside 
     outside that commission's State or Indian land.
       ``(e) Required Disclosure.--A judge or referee shall 
     provide to the boxing commission responsible for regulating a 
     professional boxing match in a State or on Indian land a 
     statement of all consideration, including reimbursement for 
     expenses, that the judge or referee has received, or will 
     receive, from any source for participation in the match. If 
     the match is scheduled for 10 rounds or more, the judge or 
     referee shall also provide such a statement to the 
     Commission.''.
       (b) Conforming Amendment.--Section 14 (15 U.S.C. 6307f) is 
     repealed.

     SEC. 16. MEDICAL REGISTRY.

       The Act is amended by inserting after section 13 (15 U.S.C. 
     6307e) the following:

     ``SEC. 14. MEDICAL REGISTRY.

       ``(a) In General.--The Commission shall establish and 
     maintain, or certify a third party entity to establish and 
     maintain, a medical registry that contains comprehensive 
     medical records and medical denials or suspensions for every 
     licensed boxer.
       ``(b) Content; Submission.--The Commission shall 
     determine--
       ``(1) the nature of medical records and medical suspensions 
     of a boxer that are to be forwarded to the medical registry; 
     and
       ``(2) the time within which the medical records and medical 
     suspensions are to be submitted to the medical registry.
       ``(c) Confidentiality.--The Commission shall establish 
     confidentiality standards for the disclosure of personally 
     identifiable information to boxing commissions that will--
       ``(1) protect the health and safety of boxers by making 
     relevant information available to the boxing commissions for 
     use but not public disclosure; and
       ``(2) ensure that the privacy of the boxers is 
     protected.''.

     SEC. 17. CONFLICTS OF INTEREST.

       Section 17 (15 U.S.C. 6308) is amended--
       (1) by striking ``enforces State boxing laws,'' in 
     subsection (a) and inserting ``implements State or tribal 
     boxing laws, no officer or employee of the Commission,'';
       (2) by striking ``belong to,'' and inserting ``hold office 
     in,'' in subsection (a);
       (3) by striking the last sentence of subsection (a);
       (4) by striking subsection (b) and inserting the following:
       ``(b) Boxers.--A boxer may not own or control, directly or 
     indirectly, an entity that promotes the boxer's bouts if that 
     entity is responsible for--
       ``(1) executing a bout agreement or promotional agreement 
     with the boxer's opponent; or
       ``(2) providing any payment or other compensation to--
       ``(A) the boxer's opponent for participation in a bout with 
     the boxer;
       ``(B) the boxing commission that will regulate the bout; or
       ``(C) ring officials who officiate at the bout.''.

     SEC. 18. ENFORCEMENT.

       Section 18 (15 U.S.C. 6309) is amended--
       (1) by striking ``(a) Injunctions.--'' in subsection (a) 
     and inserting ``(a) Actions by Attorney General.--'';
       (2) by inserting ``any officer or employee of the 
     Commission,'' after ``laws,'' in subsection (b)(3);
       (3) by inserting ``has engaged in or'' after 
     ``organization'' in subsection (c);
       (4) by striking ``subsection (b)'' in subsection (c)(3) and 
     inserting ``subsection (b), a civil penalty, or''; and
       (5) by striking ``boxer'' in subsection (d) and inserting 
     ``person''.

     SEC. 19. REPEAL OF DEADWOOD.

       Section 20 (15 U.S.C. 6311) is repealed.

     SEC. 20. RECOGNITION OF TRIBAL LAW.

       Section 22 (15 U.S.C. 6313) is amended--
       (1) by insert ``OR TRIBAL'' in the section heading after 
     ``STATE''; and
       (2) by inserting ``or Indian tribe'' after ``State''.

     SEC. 21. ESTABLISHMENT OF UNITED STATES BOXING COMMISSION.

       (a) In General.--The Act is amended by adding at the end 
     the following:

              ``TITLE II--UNITED STATES BOXING COMMISSION

     ``SEC. 201. PURPOSE.

       ``The purpose of this title is to protect the health, 
     safety, and welfare of boxers and to ensure fairness in the 
     sport of professional boxing.

     ``SEC. 202. UNITED STATES BOXING COMMISSION.

       ``(a) In General.--The United States Boxing Commission is 
     established as a commission within the Department of 
     Commerce.
       ``(b) Members.--
       ``(1) In general.--The Commission shall consist of 3 
     members appointed by the President, by and with the advice 
     and consent of the Senate.
       ``(2) Qualifications.--
       ``(A) In general.--Each member of the Commission shall be a 
     citizen of the United States who--
       ``(i) has extensive experience in professional boxing 
     activities or in a field directly related to professional 
     sports;
       ``(ii) is of outstanding character and recognized 
     integrity; and
       ``(iii) is selected on the basis of training, experience, 
     and qualifications and without regard to political party 
     affiliation.
       ``(B) Specific qualifications for certain members.--At 
     least 1 member of the Commission shall be a former member of 
     a local boxing authority. If practicable, at least 1 member 
     of the Commission shall be a physician or other health care 
     professional duly licensed as such.
       ``(C) Disinterested persons.--No member of the Commission 
     may, while serving as a member of the Commission--
       ``(i) be engaged as a professional boxer, boxing promoter, 
     agent, fight manager, matchmaker, referee, judge, or in any 
     other capacity in the conduct of the business of professional 
     boxing;
       ``(ii) have any pecuniary interest in the earnings of any 
     boxer or the proceeds or outcome of any boxing match; or
       ``(iii) serve as a member of a boxing commission.
       ``(3) Bipartisan membership.--Not more than 2 members of 
     the Commission may be members of the same political party.

[[Page 673]]

       ``(4) Geographic balance.--Not more than 2 members of the 
     Commission may be residents of the same geographic region of 
     the United States when appointed to the Commission. For 
     purposes of the preceding sentence, the area of the United 
     States east of the Mississippi River is a geographic region, 
     and the area of the United States west of the Mississippi 
     River is a geographic region.
       ``(5) Terms.--
       ``(A) In general.--The term of a member of the Commission 
     shall be 3 years.
       ``(B) Reappointment.--Members of the Commission may be 
     reappointed to the Commission.
       ``(C) Midterm vacancies.--A member of the Commission 
     appointed to fill a vacancy in the Commission occurring 
     before the expiration of the term for which the member's 
     predecessor was appointed shall be appointed for the 
     remainder of that unexpired term.
       ``(D) Continuation pending replacement.--A member of the 
     Commission may serve after the expiration of that member's 
     term until a successor has taken office.
       ``(6) Removal.--A member of the Commission may be removed 
     by the President only for cause.
       ``(c) Executive Director.--
       ``(1) In general.--The Commission shall employ an Executive 
     Director to perform the administrative functions of the 
     Commission under this Act, and such other functions and 
     duties of the Commission as the Commission shall specify.
       ``(2) Discharge of functions.--Subject to the authority, 
     direction, and control of the Commission the Executive 
     Director shall carry out the functions and duties of the 
     Commission under this Act.
       ``(d) General Counsel.--The Commission shall employ a 
     General Counsel to provide legal counsel and advice to the 
     Executive Director and the Commission in the performance of 
     its functions under this Act, and to carry out such other 
     functions and duties as the Commission shall specify.
       ``(e) Staff.--The Commission shall employ such additional 
     staff as the Commission considers appropriate to assist the 
     Executive Director and the General Counsel in carrying out 
     the functions and duties of the Commission under this Act.
       ``(f) Compensation.--
       ``(1) Members of commission.--
       ``(A) In general.--Each member of the Commission shall be 
     compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission.
       ``(B) Travel expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       ``(2) Executive director and staff.--The Commission shall 
     fix the compensation of the Executive Director, the General 
     Counsel, and other personnel of the Commission. The rate of 
     pay for the Executive Director, the General Counsel, and 
     other personnel may not exceed the rate payable for level V 
     of the Executive Schedule under section 5316 of title 5, 
     United States Code.

     ``SEC. 203. FUNCTIONS.

       ``(a) Primary Functions.--The primary functions of the 
     Commission are--
       ``(1) to protect the health, safety, and general interests 
     of boxers consistent with the provisions of this Act; and
       ``(2) to ensure uniformity, fairness, and integrity in 
     professional boxing.
       ``(b) Specific Functions.--The Commission shall--
       ``(1) administer title I of this Act;
       ``(2) promulgate uniform standards for professional boxing 
     in consultation with the Association of Boxing Commissions;
       ``(3) except as otherwise determined by the Commission, 
     oversee all professional boxing matches in the United States;
       ``(4) work with the boxing commissions of the several 
     States and tribal organizations--
       ``(A) to improve the safety, integrity, and professionalism 
     of professional boxing in the United States;
       ``(B) to enhance physical, medical, financial, and other 
     safeguards established for the protection of professional 
     boxers; and
       ``(C) to improve the status and standards of professional 
     boxing in the United States;
       ``(5) ensure, in cooperation with the Attorney General (who 
     shall represent the Commission in any judicial proceeding 
     under this Act), the chief law enforcement officer of the 
     several States, and other appropriate officers and agencies 
     of Federal, State, and local government, that Federal and 
     State laws applicable to professional boxing matches in the 
     United States are vigorously, effectively, and fairly 
     enforced;
       ``(6) review boxing commission regulations for professional 
     boxing and provide assistance to such authorities in meeting 
     minimum standards prescribed by the Commission under this 
     title;
       ``(7) serve as the coordinating body for all efforts in the 
     United States to establish and maintain uniform minimum 
     health and safety standards for professional boxing;
       ``(8) if the Commission determines it to be appropriate, 
     publish a newspaper, magazine, or other publication and 
     establish and maintain a website consistent with the purposes 
     of the Commission;
       ``(9) procure the temporary and intermittent services of 
     experts and consultants to the extent authorized by section 
     3109(b) of title 5, United States Code, at rates the 
     Commission determines to be reasonable; and
       ``(10) promulgate rules, regulations, and guidance, and 
     take any other action necessary and proper to accomplish the 
     purposes of, and consistent with, the provisions of this 
     title.
       ``(c) Prohibitions.--The Commission may not--
       ``(1) promote boxing events or rank professional boxers; or
       ``(2) provide technical assistance to, or authorize the use 
     of the name of the Commission by, boxing commissions that do 
     not comply with requirements of the Commission.
       ``(d) Use of Name.--The Commission shall have the exclusive 
     right to use the name `United States Boxing Commission'. Any 
     person who, without the permission of the Commission, uses 
     that name or any other exclusive name, trademark, emblem, 
     symbol, or insignia of the Commission for the purpose of 
     inducing the sale or exchange of any goods or services, or to 
     promote any exhibition, performance, or sporting event, shall 
     be subject to suit in a civil action by the Commission for 
     the remedies provided in the Act of July 5, 1946 (commonly 
     known as the `Trademark Act of 1946'; 15 U.S.C. 1051 et 
     seq.).

     ``SEC. 204. LICENSING AND REGISTRATION OF BOXING PERSONNEL.

       ``(a) Licensing.--
       ``(1) Requirement for license.--No person may compete in a 
     professional boxing match or serve as a boxing manager, 
     boxing promoter, or sanctioning organization for a 
     professional boxing match except as provided in a license 
     granted to that person under this subsection.
       ``(2) Application and Term.--
       ``(A) In general.--The Commission shall--
       ``(i) establish application procedures, forms, and fees;
       ``(ii) establish and publish appropriate standards for 
     licenses granted under this section; and
       ``(iii) issue a license to any person who, as determined by 
     the Commission, meets the standards established by the 
     Commission under this title.
       ``(B) Duration.--A license issued under this section shall 
     be for a renewable--
       ``(i) 4-year term for a boxer; and
       ``(ii) 2-year term for any other person.
       ``(C) Procedure.--The Commission may issue a license under 
     this paragraph through boxing commissions or in a manner 
     determined by the Commission.
       ``(b) Licensing Fees.--
       ``(1) Authority.--The Commission may prescribe and charge 
     reasonable fees for the licensing of persons under this 
     title. The Commission may set, charge, and adjust varying 
     fees on the basis of classifications of persons, functions, 
     and events determined appropriate by the Commission.
       ``(2) Limitations.--In setting and charging fees under 
     paragraph (1), the Commission shall ensure that, to the 
     maximum extent practicable--
       ``(A) club boxing is not adversely effected;
       ``(B) sanctioning organizations and promoters pay 
     comparatively the largest portion of the fees; and
       ``(C) boxers pay as small a portion of the fees as is 
     possible.
       ``(3) Collection.--Fees established under this subsection 
     may be collected through boxing commissions or by any other 
     means determined appropriate by the Commission.

     ``SEC. 205. NATIONAL REGISTRY OF BOXING PERSONNEL.

       ``(a) Requirement for Registry.--The Commission shall 
     establish and maintain (or authorize a third party to 
     establish and maintain) a unified national computerized 
     registry for the collection, storage, and retrieval of 
     information related to the performance of its duties.
       ``(b) Contents.--The information in the registry shall 
     include the following:
       ``(1) Boxers.--A list of professional boxers and data in 
     the medical registry established under section 114 of this 
     Act, which the Commission shall secure from disclosure in 
     accordance with the confidentiality requirements of section 
     114(c).
       ``(2) Other personnel.--Information (pertinent to the sport 
     of professional boxing) on boxing promoters, boxing 
     matchmakers, boxing managers, trainers, cut men, referees, 
     boxing judges, physicians, and any other personnel determined 
     by the Commission as performing a professional activity for 
     professional boxing matches.

     ``SEC. 206. CONSULTATION REQUIREMENTS.

       ``The Commission shall consult with the Association of 
     Boxing Commissions--
       ``(1) before prescribing any regulation or establishing any 
     standard under the provisions of this title; and
       ``(2) not less than once each year regarding matters 
     relating to professional boxing.

     ``SEC. 207. MISCONDUCT.

       ``(a) Suspension and Revocation of License or 
     Registration.--

[[Page 674]]

       ``(1) Authority.--The Commission may, after notice and 
     opportunity for a hearing, suspend or revoke any license 
     issued under this title if the Commission finds that--
       ``(A) the license holder has violated any provision of this 
     Act;
       ``(B) there are reasonable grounds for belief that a 
     standard prescribed by the Commission under this title is not 
     being met, or that bribery, collusion, intentional losing, 
     racketeering, extortion, or the use of unlawful threats, 
     coercion, or intimidation have occurred in connection with a 
     license; or
       ``(C) the suspension or revocation is necessary for the 
     protection of health and safety or is otherwise in the public 
     interest.
       ``(2) Period of suspension.--
       ``(A) In general.--A suspension of a license under this 
     section shall be effective for a period determined 
     appropriate by the Commission except as provided in 
     subparagraph (B).
       ``(B) Suspension for medical reasons.--In the case of a 
     suspension or denial of the license of a boxer for medical 
     reasons by the Commission, the Commission may terminate the 
     suspension or denial at any time that a physician certifies 
     that the boxer is fit to participate in a professional boxing 
     match. The Commission shall prescribe the standards and 
     procedures for accepting certifications under this 
     subparagraph.
       ``(3) Period of revocation.--In the case of a revocation of 
     the license of a boxer, the revocation shall be for a period 
     of not less than 1 year.
       ``(b) Investigations and Injunctions.--
       ``(1) Authority.--The Commission may--
       ``(A) conduct any investigation that it considers necessary 
     to determine whether any person has violated, or is about to 
     violate, any provision of this Act or any regulation 
     prescribed under this Act;
       ``(B) require or permit any person to file with it a 
     statement in writing, under oath or otherwise as the 
     Commission shall determine, as to all the facts and 
     circumstances concerning the matter to be investigated;
       ``(C) in its discretion, publish information concerning any 
     violations; and
       ``(D) investigate any facts, conditions, practices, or 
     matters to aid in the enforcement of the provisions of this 
     Act, in the prescribing of regulations under this Act, or in 
     securing information to serve as a basis for recommending 
     legislation concerning the matters to which this Act relates.
       ``(2) Powers.--
       ``(A) In general.--For the purpose of any investigation 
     under paragraph (1) or any other proceeding under this 
     title--
       ``(i) any officer designated by the Commission may 
     administer oaths and affirmations, subpena or otherwise 
     compel the attendance of witnesses, take evidence, and 
     require the production of any books, papers, correspondence, 
     memoranda, or other records the Commission considers relevant 
     or material to the inquiry; and
       ``(ii) the provisions of sections 6002 and 6004 of title 
     18, United States Code, shall apply.
       ``(B) Witnesses and evidence.--The attendance of witnesses 
     and the production of any documents under subparagraph (A) 
     may be required from any place in the United States, 
     including Indian land, at any designated place of hearing.
       ``(3) Enforcement of subpoenas.--
       ``(A) Civil action.--In case of contumacy by, or refusal to 
     obey a subpoena issued to, any person, the Commission may 
     file an action in any district court of the United States 
     within the jurisdiction of which an investigation or 
     proceeding is carried out, or where that person resides or 
     carries on business, to enforce the attendance and testimony 
     of witnesses and the production of books, papers, 
     correspondence, memorandums, and other records. The court may 
     issue an order requiring the person to appear before the 
     Commission to produce records, if so ordered, or to give 
     testimony concerning the matter under investigation or in 
     question.
       ``(B) Failure to obey.--Any failure to obey an order issued 
     by a court under subparagraph (A) may be punished as contempt 
     of that court.
       ``(C) Process.--All process in any contempt case under 
     subparagraph (A) may be served in the judicial district in 
     which the person is an inhabitant or in which the person may 
     be found.
       ``(4) Evidence of criminal misconduct.--
       ``(A) In general.--No person may be excused from attending 
     and testifying or from producing books, papers, contracts, 
     agreements, and other records and documents before the 
     Commission, in obedience to the subpoena of the Commission, 
     or in any cause or proceeding instituted by the Commission, 
     on the ground that the testimony or evidence, documentary or 
     otherwise, required of that person may tend to incriminate 
     the person or subject the person to a penalty or forfeiture.
       ``(B) Limited immunity.--No individual may be prosecuted or 
     subject to any penalty or forfeiture for, or on account of, 
     any transaction, matter, or thing concerning the matter about 
     which that individual is compelled, after having claimed a 
     privilege against self-incrimination, to testify or produce 
     evidence, documentary or otherwise, except that the 
     individual so testifying shall not be exempt from prosecution 
     and punishment for perjury committed in so testifying.
       ``(5) Injunctive relief.--If the Commission determines that 
     any person is engaged or about to engage in any act or 
     practice that constitutes a violation of any provision of 
     this Act, or of any regulation prescribed under this Act, the 
     Commission may bring an action in the appropriate district 
     court of the United States, the United States District Court 
     for the District of Columbia, or the United States courts of 
     any territory or other place subject to the jurisdiction of 
     the United States, to enjoin the act or practice, and upon a 
     proper showing, the court shall grant without bond a 
     permanent or temporary injunction or restraining order.
       ``(6) Mandamus.--Upon application of the Commission, the 
     district courts of the United States, the United States 
     District Court for the District of Columbia, and the United 
     States courts of any territory or other place subject to the 
     jurisdiction of the United States, shall have jurisdiction to 
     issue writs of mandamus commanding any person to comply with 
     the provisions of this Act or any order of the Commission.
       ``(c) Intervention in Civil Actions.--
       ``(1) In general.--The Commission, on behalf of the public 
     interest, may intervene of right as provided under rule 24(a) 
     of the Federal Rules of Civil Procedure in any civil action 
     relating to professional boxing filed in a district court of 
     the United States.
       ``(2) Amicus filing.--The Commission may file a brief in 
     any action filed in a court of the United States on behalf of 
     the public interest in any case relating to professional 
     boxing.
       ``(d) Hearings by Commission.--Hearings conducted by the 
     Commission under this Act shall be public and may be held 
     before any officer of the Commission. The Commission shall 
     keep appropriate records of the hearings.

     ``SEC. 208. NONINTERFERENCE WITH BOXING COMMISSIONS.

       ``(a) Noninterference.--Nothing in this Act prohibits any 
     boxing commission from exercising any of its powers, duties, 
     or functions with respect to the regulation or supervision of 
     professional boxing or professional boxing matches to the 
     extent not inconsistent with the provisions of this Act.
       ``(b) Minimum Standards.--Nothing in this Act prohibits any 
     boxing commission from enforcing local standards or 
     requirements that exceed the minimum standards or 
     requirements promulgated by the Commission under this Act.

     ``SEC. 209. ASSISTANCE FROM OTHER AGENCIES.

       ``Any employee of any executive department, agency, bureau, 
     board, commission, office, independent establishment, or 
     instrumentality may be detailed to the Commission, upon the 
     request of the Commission, on a reimbursable or 
     nonreimbursable basis, with the consent of the appropriate 
     authority having jurisdiction over the employee. While so 
     detailed, an employee shall continue to receive the 
     compensation provided pursuant to law for the employee's 
     regular position of employment and shall retain, without 
     interruption, the rights and privileges of that employment.

     ``SEC. 210. REPORTS.

       ``(a) Annual Report.--The Commission shall submit a report 
     on its activities to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Commerce each year. The annual report shall 
     include--
       ``(1) a detailed discussion of the activities of the 
     Commission for the year covered by the report; and
       ``(2) an overview of the licensing and enforcement 
     activities of the State and tribal organization boxing 
     commissions.
       ``(b) Public Report.--The Commission shall annually issue 
     and publicize a report of the Commission on the progress made 
     at Federal and State levels and on Indian lands in the reform 
     of professional boxing, which shall include comments on 
     issues of continuing concern to the Commission.
       ``(c) First Annual Report on the Commission.--The first 
     annual report under this title shall be submitted not later 
     than 2 years after the effective date of this title.

     ``SEC. 211. INITIAL IMPLEMENTATION.

       ``(a) Temporary exemption.--The requirements for licensing 
     under this title do not apply to a person for the performance 
     of an activity as a boxer, boxing judge, or referee, or the 
     performance of any other professional activity in relation to 
     a professional boxing match, if the person is licensed by a 
     boxing commission to perform that activity as of the 
     effective date of this title.
       ``(b) Expiration.--The exemption under subsection (a) with 
     respect to a license issued by a boxing commission expires on 
     the earlier of--
       ``(1) the date on which the license expires; or
       ``(2) the date that is 2 years after the date of the 
     enactment of the Professional Boxing Amendments Act of 2005.

     ``SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     for the Commission for each fiscal year such sums as may be 
     necessary for the Commission to perform its functions for 
     that fiscal year.
       ``(b) Receipts Credited as Offsetting Collections.--
     Notwithstanding section 3302

[[Page 675]]

     of title 31, United States Code, any fee collected under this 
     title--
       ``(1) shall be credited as offsetting collections to the 
     account that finances the activities and services for which 
     the fee is imposed;
       ``(2) shall be available for expenditure only to pay the 
     costs of activities and services for which the fee is 
     imposed; and
       ``(3) shall remain available until expended.''.
       (b) Conforming Amendments.--
       (1) PBSA.--The Professional Boxing Safety Act of 1996, as 
     amended by this Act, is further amended--
       (A) by amending section 1 to read as follows:

     ``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       ``(a) Short Title.--This Act may be cited as the 
     `Professional Boxing Safety Act'.
       ``(b) Table of Contents.--The table of contents for this 
     Act is as follows:

``Sec. 1. Short title; table of contents.
``Sec. 2. Definitions.

                 ``TITLE I--PROFESSIONAL BOXING SAFETY

``Sec. 101. Purposes.
``Sec. 102. Approval or sanction requirement.
``Sec. 103. Safety standards.
``Sec. 104. Registration.
``Sec. 105. Review.
``Sec. 106. Reporting.
``Sec. 107. Contract requirements.
``Sec. 108. Protection from coercive contracts.
``Sec. 109. Sanctioning organizations.
``Sec. 110. Required disclosures to State boxing commissions by 
              sanctioning organizations.
``Sec. 111. Required disclosures by promoters and broadcasters.
``Sec. 112. Medical registry.
``Sec. 113. Confidentiality.
``Sec. 114. Judges and referees.
``Sec. 115. Conflicts of interest.
``Sec. 116. Enforcement.
``Sec. 117. Professional boxing matches conducted on Indian lands.
``Sec. 118. Relationship with State or Tribal law.

              ``TITLE II--UNITED STATES BOXING COMMISSION

``Sec. 201. Purpose.
``Sec. 202. United States Boxing Commission.
``Sec. 203. Functions.
``Sec. 204. Licensing and registration of boxing personnel.
``Sec. 205. National registry of boxing personnel.
``Sec. 206. Consultation requirements.
``Sec. 207. Misconduct.
``Sec. 208. Noninterference with boxing commissions
``Sec. 209. Assistance from other agencies.
``Sec. 210. Reports.
``Sec. 211. Initial implementation.
``Sec. 212. Authorization of appropriations.'';

       (B) by inserting before section 3 the following:
                ``TITLE I--PROFESSIONAL BOXING SAFETY'';
       (C) by redesignating sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 
     12, 13, 14, 15, 16, 17, 18, 21, and 22 as sections 101 
     through 118, respectively;
       (D) by striking subsection (a) of section 113, as 
     redesignated, and inserting the following:
       ``(a) In General.--Except to the extent required in a 
     legal, administrative, or judicial proceeding, a boxing 
     commission, an Attorney General, or the Commission may not 
     disclose to the public any matter furnished by a promoter 
     under section 111.'';
       (E) by striking ``section 13'' in subsection (b) of section 
     113, as redesignated, and inserting ``section 111'';
       (F) by striking ``9(b), 10, 11, 12, 13, 14, or 16,'' in 
     paragraph (1) of section 116(b), as redesignated, and 
     inserting ``107, 108, 109, 110, 111, or 114,'';
       (G) by striking ``9(b), 10, 11, 12, 13, 14, or 16'' in 
     paragraph (2) of section 116(b), as redesignated, and 
     inserting ``107, 108, 109, 110, 111, or 114'';
       (H) by striking ``section 17(a)'' in subsection (b)(3) of 
     section 116, as redesignated, and inserting ``section 
     115(a)'';
       (I) by striking ``section 10'' in subsection (e)(3) of 
     section 116, as redesignated, and inserting ``section 108''; 
     and
       (J) by striking ``of this Act'' each place it appears in 
     sections 101 through 120, as redesignated, and inserting ``of 
     this title''.
       (2) Compensation of Members.--Section 5315 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``Members of the United States Boxing Commission.''.

     SEC. 22. STUDY AND REPORT ON DEFINITION OF PROMOTER.

       (a) Study.--The United States Boxing Commission shall 
     conduct a study on how the term ``promoter'' should be 
     defined for purposes of the Professional Boxing Safety Act.
       (b) Hearings.--As part of that study, the Commission shall 
     hold hearings and solicit testimony at those hearings from 
     boxers, managers, promoters, premium, cable, and satellite 
     program service providers, hotels, casinos, resorts, and 
     other commercial establishments that host or sponsor 
     professional boxing matches, and other interested parties 
     with respect to the definition of that term as it is used in 
     the Professional Boxing Safety Act.
       (c) Report.--Not later than 12 months after the date of the 
     enactment of this Act, the Commission shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives a report on the study conducted under 
     subsection (a). The report shall--
       (1) set forth a proposed definition of the term 
     ``promoter'' for purposes of the Professional Boxing Safety 
     Act; and
       (2) describe the findings, conclusions, and rationale of 
     the Commission for the proposed definition, together with any 
     recommendations of the Commission, based on the study.

     SEC. 23. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), the 
     amendments made by this Act shall take effect on the date of 
     enactment of this Act.
       (b) 1-year Delay for Certain Title II Provisions.--Sections 
     205 through 212 of the Professional Boxing Safety Act of 
     1996, as added by section 21(a) of this Act, shall take 
     effect 1 year after the date of enactment of this Act.
                                 ______
                                 
      By Mr. JEFFORDS (for himself, Ms. Collins, Mr. Lieberman, Ms. 
        Snowe, Mr. Schumer, Mr. Biden, Mrs. Boxer, Mrs. Clinton, Mr. 
        Corzine, Mr. Dodd, Mr. Feingold, Mrs. Feinstein, Mr. Kennedy, 
        Mr. Kerry, Mr. Lautenberg, Mr. Leahy, Mr. Reed, and Mr. 
        Sarbanes):
  S. 150. A bill to amend the Clean Air Act to reduce emissions from 
electric powerplants, and for other purposes; to the Committee on 
Environment and Public Works.
  Mr. JEFFORDS. Mr. President, I am both sad and happy to re-introduce 
the Clean Power Act again with Senators Lieberman and Collins and the 
other 16 cosponsors of the legislation from the last Congress. I am 
happy that they are all still as committed as I am to the fight to 
reduce pollution and to protect the public's health and to clean up and 
conserve the environment for future generations.
  I am sad that we have not made more progress in this fight to reduce 
harmful emissions of sulfur dioxides (SOX), nitrogen oxides 
(NOX), mercury, and carbon dioxide from fossil fuel power 
plants. More than 25,000 people are dying prematurely every year 
because of fine particulate pollution (PM-2.5) that is 
emitted by power plants in the form of SOX and 
NOX. More than 4,000 people are dying of heart attacks due 
to ozone exposure, part of which is caused by power plant emissions. 
And, over 160 million people are living in areas with unhealthy air 
quality.
  Acid rain continues to fall on our forests and lakes stressing 
ecosystems in the Northeast and the Southeast. Nearly all the States 
have some kind of fish consumption warning or advisory due to mercury 
contamination. And, earlier this week, the chairman of the 
International Panel on Climate Change, who was placed at the request of 
the Bush Administration, said that he personally believes that the 
world has ``already reached the level of dangerous concentrations of 
carbon dioxide in the atmosphere.''
  I am sad because there has been zero movement on multi-pollutant 
legislation in Congress since this legislation was approved by the 
Senate Committee on Environment and Public Works in June 2002 in 
basically the same form we are introducing. As Senators may be aware, 
prior to that Committee action, I and Senator Reid before me, sought to 
engage in a bipartisan dialogue to move four pollutant legislation. 
Though the President promised to support such legislation while a 
candidate in 2000, he reversed himself on that pledge in early 2001.
  Since early 2001, the Administration refused to negotiate, to 
consider compromise or even to respond to legitimate requests for 
information or timely technical assistance. Instead, they have 
concentrated their efforts on undermining the Clean Air Act with a 
particularly focus on gutting New Source Review. They have not shown 
any real interest in legislating in this matter.
  I am sad that the Administration's general approach has been to go 
backward before 1990, to undue President Bush Sr.'s legacy. That is not 
what the

[[Page 676]]

American people want and it is not what they and their children 
deserve. They deserve better. They deserve the promise of the Clean Air 
Act which is constant improvement and moving forward to provide safe 
air for everyone to breathe.
  It is long past time that all power plants in this country meet 
modern emission performance standards. There is simply no excuse in a 
technologically advanced society like ours to have power plants running 
on 1930s technology. It should be embarrassing for us all and requires 
a swift and concerted effort and significantly more funding than the 
Administration and Congress have appropriated thus far to maximize the 
use of all of our energy resources, including coal and renewables, in 
an environmentally friendly way.
  Simply letting these old dirty dinosaurs keep chugging along is bad 
for public health and the environment and bad for innovation and the 
development of new technologies. It is a stone age response to a modern 
day problem.
  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. 150

       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 ``Clean Power Act of 2005''.

     SEC. 2. ELECTRIC ENERGY GENERATION EMISSION REDUCTIONS.

       (a) In General.--The Clean Air Act (42 U.S.C. 7401 et seq.) 
     is amended by adding at the end the following:

      ``TITLE VII--ELECTRIC ENERGY GENERATION EMISSION REDUCTIONS

``Sec. 701. Findings.
``Sec. 702. Purposes.
``Sec. 703. Definitions.
``Sec. 704. Emission limitations.
``Sec. 705. Emission allowances.
``Sec. 706. Permitting and trading of emission allowances.
``Sec. 707. Emission allowance allocation.
``Sec. 708. Mercury emission limitations.
``Sec. 709. Other hazardous air pollutants.
``Sec. 710. Effect of failure to promulgate regulations.
``Sec. 711. Prohibitions.
``Sec. 712. Modernization of electricity generating facilities.
``Sec. 713. Relationship to other law.

     ``SEC. 701. FINDINGS.

       ``Congress finds that--
       ``(1) public health and the environment continue to suffer 
     as a result of pollution emitted by powerplants across the 
     United States, despite the success of Public Law 101-549 
     (commonly known as the `Clean Air Act Amendments of 1990') 
     (42 U.S.C. 7401 et seq.) in reducing emissions;
       ``(2) according to the most reliable scientific knowledge, 
     acid rain precursors must be significantly reduced for the 
     ecosystems of the Northeast and Southeast to recover from the 
     ecological harm caused by acid deposition;
       ``(3) because lakes and sediments across the United States 
     are being contaminated by mercury emitted by powerplants, 
     there is an increasing risk of mercury poisoning of aquatic 
     habitats and fish-consuming human populations;
       ``(4)(A) electricity generation accounts for approximately 
     40 percent of the total emissions in the United States of 
     carbon dioxide, a major greenhouse gas causing global 
     warming; and
       ``(B) the quantity of carbon dioxide in the atmosphere is 
     growing without constraint and well beyond the international 
     commitments of the United States;
       ``(5) the cumulative impact of powerplant emissions on 
     public and environmental health must be addressed swiftly by 
     reducing those harmful emissions to levels that are less 
     threatening; and
       ``(6)(A) the atmosphere is a public resource; and
       ``(B) emission allowances, representing permission to use 
     that resource for disposal of air pollution from electricity 
     generation, should be allocated to promote public purposes, 
     including--
       ``(i) protecting electricity consumers from adverse 
     economic impacts;
       ``(ii) providing transition assistance to adversely 
     affected employees, communities, and industries; and
       ``(iii) promoting clean energy resources and energy 
     efficiency.

     ``SEC. 702. PURPOSES.

       ``The purposes of this title are--
       ``(1) to alleviate the environmental and public health 
     damage caused by emissions of sulfur dioxide, nitrogen 
     oxides, carbon dioxide, and mercury resulting from the 
     combustion of fossil fuels in the generation of electric and 
     thermal energy;
       ``(2) to reduce by 2010 the annual national emissions from 
     electricity generating facilities to not more than--
       ``(A) 2,250,000 tons of sulfur dioxide;
       ``(B) 1,510,000 tons of nitrogen oxides; and
       ``(C) 2,050,000,000 tons of carbon dioxide;
       ``(3) to reduce by 2009 the annual national emissions of 
     mercury from electricity generating facilities to not more 
     than 5 tons;
       ``(4) to effectuate the reductions described in paragraphs 
     (2) and (3) by--
       ``(A) requiring electricity generating facilities to comply 
     with specified emission limitations by specified deadlines; 
     and
       ``(B) allowing electricity generating facilities to meet 
     the emission limitations (other than the emission limitation 
     for mercury) through an alternative method of compliance 
     consisting of an emission allowance and transfer system; and
       ``(5) to encourage energy conservation, use of renewable 
     and clean alternative technologies, and pollution prevention 
     as long-range strategies, consistent with this title, for 
     reducing air pollution and other adverse impacts of energy 
     generation and use.

     ``SEC. 703. DEFINITIONS.

       ``In this title:
       ``(1) Covered pollutant.--The term `covered pollutant' 
     means--
       ``(A) sulfur dioxide;
       ``(B) any nitrogen oxide;
       ``(C) carbon dioxide; and
       ``(D) mercury.
       ``(2) Electricity generating facility.--The term 
     `electricity generating facility' means an electric or 
     thermal electricity generating unit, a combination of such 
     units, or a combination of 1 or more such units and 1 or more 
     combustion devices, that--
       ``(A) has a nameplate capacity of 15 megawatts or more (or 
     the equivalent in thermal energy generation, determined in 
     accordance with a methodology developed by the 
     Administrator);
       ``(B) generates electric energy, for sale, through 
     combustion of fossil fuel; and
       ``(C) emits a covered pollutant into the atmosphere.
       ``(3) Electricity intensive product.--The term `electricity 
     intensive product' means a product with respect to which the 
     cost of electricity consumed in the production of the product 
     represents more than 5 percent of the value of the product.
       ``(4) Emission allowance.--The term `emission allowance' 
     means a limited authorization to emit in accordance with this 
     title--
       ``(A) 1 ton of sulfur dioxide;
       ``(B) 1 ton of nitrogen oxides; or
       ``(C) 1 ton of carbon dioxide.
       ``(5) Energy efficiency project.--The term `energy 
     efficiency project' means any specific action (other than 
     ownership or operation of an energy efficient building) 
     commenced after the date of enactment of this title--
       ``(A) at a facility (other than an electricity generating 
     facility), that verifiably reduces the annual electricity or 
     natural gas consumption per unit output of the facility, as 
     compared with the annual electricity or natural gas 
     consumption per unit output that would be expected in the 
     absence of an allocation of emission allowances (as 
     determined by the Administrator); or
       ``(B) by an entity that is primarily engaged in the 
     transmission and distribution of electricity, that 
     significantly improves the efficiency of that type of entity, 
     as compared with standards for efficiency developed by the 
     Administrator, in consultation with the Secretary of Energy, 
     after the date of enactment of this title.
       ``(6) Energy efficient building.--The term `energy 
     efficient building' means a residential building or 
     commercial building completed after the date of enactment of 
     this title for which the projected lifetime consumption of 
     electricity or natural gas for heating, cooling, and 
     ventilation is at least 30 percent less than the lifetime 
     consumption of a typical new residential building or 
     commercial building, as determined by the Administrator (in 
     consultation with the Secretary of Energy)--
       ``(A) on a State or regional basis; and
       ``(B) taking into consideration--
       ``(i) applicable building codes; and
       ``(ii) consumption levels achieved in practice by new 
     residential buildings or commercial buildings in the absence 
     of an allocation of emission allowances.
       ``(7) Energy efficient product.--The term `energy efficient 
     product' means a product manufactured after the date of 
     enactment of this title that has an expected lifetime 
     electricity or natural gas consumption that--
       ``(A) is less than the average lifetime electricity or 
     natural gas consumption for that type of product; and
       ``(B) does not exceed the lesser of--
       ``(i) the maximum energy consumption that qualifies for the 
     applicable Energy Star label for that type of product; or
       ``(ii) the average energy consumption of the most efficient 
     25 percent of that type of product manufactured in the same 
     year.
       ``(8) Lifetime.--The term `lifetime' means--
       ``(A) in the case of a residential building that is an 
     energy efficient building, 30 years;

[[Page 677]]

       ``(B) in the case of a commercial building that is an 
     energy efficient building, 15 years; and
       ``(C) in the case of an energy efficient product, a period 
     determined by the Administrator to be the average life of 
     that type of energy efficient product.
       ``(9) Mercury.--The term `mercury' includes any mercury 
     compound.
       ``(10) New clean fossil fuel-fired electricity generating 
     unit.--The term `new clean fossil fuel-fired electricity 
     generating unit' means a unit that--
       ``(A) has been in operation for 10 years or less; and
       ``(B) is--
       ``(i) a natural gas fired generator that--

       ``(I) has an energy conversion efficiency of at least 55 
     percent; and
       ``(II) uses best available control technology (as defined 
     in section 169);

       ``(ii) a generator that--

       ``(I) uses integrated gasification combined cycle 
     technology;
       ``(II) uses best available control technology (as defined 
     in section 169); and
       ``(III) has an energy conversion efficiency of at least 45 
     percent; or

       ``(iii) a fuel cell operating on fuel derived from a 
     nonrenewable source of energy.
       ``(11) Nonwestern region.--The term `nonwestern region' 
     means the area of the States that is not included in the 
     western region.
       ``(12) Renewable electricity generating unit.--The term 
     `renewable electricity generating unit' means a unit that--
       ``(A) has been in operation for 10 years or less; and
       ``(B) generates electric energy by means of--
       ``(i) wind;
       ``(ii) biomass;
       ``(iii) landfill gas;
       ``(iv) a geothermal, solar thermal, or photovoltaic source; 
     or
       ``(v) a fuel cell operating on fuel derived from a 
     renewable source of energy.
       ``(13) Small electricity generating facility.--The term 
     `small electricity generating facility' means an electric or 
     thermal electricity generating unit, or combination of units, 
     that--
       ``(A) has a nameplate capacity of less than 15 megawatts 
     (or the equivalent in thermal energy generation, determined 
     in accordance with a methodology developed by the 
     Administrator);
       ``(B) generates electric energy, for sale, through 
     combustion of fossil fuel; and
       ``(C) emits a covered pollutant into the atmosphere.
       ``(14) Western region.--The term `western region' means the 
     area comprising the States of Arizona, California, Colorado, 
     Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, 
     and Wyoming.

     ``SEC. 704. EMISSION LIMITATIONS.

       ``(a) In General.--Subject to subsections (b) and (c), the 
     Administrator shall promulgate regulations to ensure that, 
     during 2010 and each year thereafter, the total annual 
     emissions of covered pollutants from all electricity 
     generating facilities located in all States does not exceed--
       ``(1) in the case of sulfur dioxide--
       ``(A) 275,000 tons in the western region; or
       ``(B) 1,975,000 tons in the nonwestern region;
       ``(2) in the case of nitrogen oxides, 1,510,000 tons;
       ``(3) in the case of carbon dioxide, 2,050,000,000 tons; or
       ``(4) in the case of mercury, 5 tons.
       ``(b) Excess Emissions Based on Unused Allowances.--The 
     regulations promulgated under subsection (a) shall authorize 
     emissions of covered pollutants in excess of the national 
     emission limitations established under that subsection for a 
     year to the extent that the number of tons of the excess 
     emissions is less than or equal to the number of emission 
     allowances that are--
       ``(1) used in the year; but
       ``(2) allocated for any previous year under section 707.
       ``(c) Reductions.--For 2010 and each year thereafter, the 
     quantity of emissions specified for each covered pollutant in 
     subsection (a) shall be reduced by the sum of--
       ``(1) the number of tons of the covered pollutant that were 
     emitted by small electricity generating facilities in the 
     second preceding year; and
       ``(2) any number of tons of reductions in emissions of the 
     covered pollutant required under section 705(h).

     ``SEC. 705. EMISSION ALLOWANCES.

       ``(a) Creation and Allocation.--
       ``(1) In general.--For 2010 and each year thereafter, 
     subject to paragraph (2), there are created, and the 
     Administrator shall allocate in accordance with section 707, 
     emission allowances as follows:
       ``(A) In the case of sulfur dioxide--
       ``(i) 275,000 emission allowances for each year for use in 
     the western region; and
       ``(ii) 1,975,000 emission allowances for each year for use 
     in the nonwestern region.
       ``(B) In the case of nitrogen oxides, 1,510,000 emission 
     allowances for each year.
       ``(C) In the case of carbon dioxide, 2,050,000,000 emission 
     allowances for each year.
       ``(2) Reductions.--For 2010 and each year thereafter, the 
     number of emission allowances specified for each covered 
     pollutant in paragraph (1) shall be reduced by a number equal 
     to the sum of--
       ``(A) the number of tons of the covered pollutant that were 
     emitted by small electricity generating facilities in the 
     second preceding year; and
       ``(B) any number of tons of reductions in emissions of the 
     covered pollutant required under subsection (h).
       ``(b) Nature of Emission Allowances.--
       ``(1) Not a property right.--An emission allowance 
     allocated by the Administrator under subsection (a) is not a 
     property right.
       ``(2) No limit on authority to terminate or limit.--Nothing 
     in this title or any other provision of law limits the 
     authority of the United States to terminate or limit an 
     emission allowance.
       ``(3) Tracking and transfer of emission allowances.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this title, the Administrator shall promulgate 
     regulations to establish an emission allowance tracking and 
     transfer system for emission allowances of sulfur dioxide, 
     nitrogen oxides, and carbon dioxide.
       ``(B) Requirements.--The emission allowance tracking and 
     transfer system established under subparagraph (A) shall--
       ``(i) incorporate the requirements of subsections (b) and 
     (d) of section 412 (except that written certification by the 
     transferee shall not be necessary to effect a transfer); and
       ``(ii) permit any entity--

       ``(I) to buy, sell, or hold an emission allowance; and
       ``(II) to permanently retire an unused emission allowance.

       ``(C) Proceeds of transfers.--Proceeds from the transfer of 
     emission allowances by any person to which the emission 
     allowances have been allocated--
       ``(i) shall not constitute funds of the United States; and
       ``(ii) shall not be available to meet any obligations of 
     the United States.
       ``(c) Identification and Use.--
       ``(1) In general.--Each emission allowance allocated by the 
     Administrator shall bear a unique serial number, including--
       ``(A) an identifier of the covered pollutant to which the 
     emission allowance pertains; and
       ``(B) the first year for which the allowance may be used.
       ``(2) Sulfur dioxide emission allowances.--In the case of 
     sulfur dioxide emission allowances, the Administrator shall 
     ensure that the emission allowances allocated to electricity 
     generating facilities in the western region are 
     distinguishable from emission allowances allocated to 
     electricity generating facilities in the nonwestern region.
       ``(3) Year of use.--Each emission allowance may be used in 
     the year for which the emission allowance is allocated or in 
     any subsequent year.
       ``(d) Annual Submission of Emission Allowances.--
       ``(1) In general.--On or before April 1, 2011, and April 1 
     of each year thereafter, the owner or operator of each 
     electricity generating facility shall submit to the 
     Administrator 1 emission allowance for the applicable covered 
     pollutant (other than mercury) for each ton of sulfur 
     dioxide, nitrogen oxides, or carbon dioxide emitted by the 
     electricity generating facility during the previous calendar 
     year.
       ``(2) Special rule for ozone exceedances.--
       ``(A) Identification of facilities contributing to 
     nonattainment.--Not later than December 31, 2009, and the end 
     of each 3-year period thereafter, each State, consistent with 
     the obligations of the State under section 110(a)(2)(D), 
     shall identify the electricity generating facilities in the 
     State and in other States that are significantly contributing 
     (as determined based on guidance issued by the Administrator) 
     to nonattainment of the national ambient air quality standard 
     for ozone in the State.
       ``(B) Submission of additional allowances.--In 2010 and 
     each year thereafter, on petition from a State or a person 
     demonstrating that the control measures in effect at an 
     electricity generating facility that is identified under 
     subparagraph (A) as significantly contributing to 
     nonattainment of the national ambient air quality standard 
     for ozone in a State during the previous year are inadequate 
     to prevent the significant contribution described in 
     subparagraph (A), the Administrator, if the Administrator 
     determines that the electricity generating facility is 
     inadequately controlled for nitrogen oxides, may require that 
     the electricity generating facility submit 3 nitrogen oxide 
     emission allowances for each ton of nitrogen oxides emitted 
     by the electricity generating facility during any period of 
     an exceedance of the national ambient air quality standard 
     for ozone in the State during the previous year.
       ``(3) Regional limitations for sulfur dioxide.--The 
     Administrator shall not allow--
       ``(A) the use of sulfur dioxide emission allowances 
     allocated for the western region to meet the obligations 
     under this subsection of electricity generating facilities in 
     the nonwestern region; or
       ``(B) the use of sulfur dioxide emission allowances 
     allocated for the nonwestern region

[[Page 678]]

     to meet the obligations under this subsection of electricity 
     generating facilities in the western region.
       ``(e) Emission Verification, Monitoring, and 
     Recordkeeping.--
       ``(1) In general.--The Administrator shall ensure that 
     Federal regulations, in combination with any applicable State 
     regulations, are adequate to verify, monitor, and document 
     emissions of covered pollutants from electricity generating 
     facilities.
       ``(2) Inventory of emissions from small electricity 
     generating facilities.--On or before July 1, 2006, the 
     Administrator, in cooperation with State agencies, shall 
     complete, and on an annual basis update, a comprehensive 
     inventory of emissions of sulfur dioxide, nitrogen oxides, 
     carbon dioxide, and particulate matter from small electricity 
     generating facilities.
       ``(3) Monitoring information.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this title, the Administrator shall 
     promulgate regulations to require each electricity generating 
     facility to submit to the Administrator--
       ``(i) not later than April 1 of each year, verifiable 
     information on covered pollutants emitted by the electricity 
     generating facility in the previous year, expressed in--

       ``(I) tons of covered pollutants; and
       ``(II) tons of covered pollutants per megawatt hour of 
     energy (or the equivalent thermal energy) generated; and

       ``(ii) as part of the first submission under clause (i), 
     verifiable information on covered pollutants emitted by the 
     electricity generating facility in 2002, 2003, and 2004, if 
     the electricity generating facility was required to report 
     that information in those years.
       ``(B) Source of information.--Information submitted under 
     subparagraph (A) shall be obtained using a continuous 
     emission monitoring system (as defined in section 402).
       ``(C) Availability to the public.--The information 
     described in subparagraph (A) shall be made available to the 
     public--
       ``(i) in the case of the first year in which the 
     information is required to be submitted under that 
     subparagraph, not later than 18 months after the date of 
     enactment of this title; and
       ``(ii) in the case of each year thereafter, not later than 
     April 1 of the year.
       ``(4) Ambient air quality monitoring for sulfur dioxide and 
     hazardous air pollutants.--
       ``(A) In general.--Beginning January 1, 2006, each coal-
     fired electricity generating facility with an aggregate 
     generating capacity of 50 megawatts or more shall, in 
     accordance with guidelines issued by the Administrator, 
     commence ambient air quality monitoring within a 30-mile 
     radius of the coal-fired electricity generating facility for 
     the purpose of measuring maximum concentrations of sulfur 
     dioxide and hazardous air pollutants emitted by the coal-
     fired electricity generating facility.
       ``(B) Location of monitoring points.--Monitoring under 
     subparagraph (A) shall include monitoring at not fewer than 2 
     points--
       ``(i) that are at ground level and within 3 miles of the 
     coal-fired electricity generating facility;
       ``(ii) at which the concentration of pollutants being 
     monitored is expected to be the greatest; and
       ``(iii) at which the monitoring shall be the most frequent.
       ``(C) Frequency of monitoring of sulfur dioxide.--
     Monitoring of sulfur dioxide under subparagraph (A) shall be 
     carried out on a continuous basis and averaged over 5-minute 
     periods.
       ``(D) Availability to the public.--The results of the 
     monitoring under subparagraph (A) shall be made available to 
     the public.
       ``(f) Excess Emission Penalty.--
       ``(1) In general.--Subject to paragraph (2), section 411 
     shall be applicable to an owner or operator of an electricity 
     generating facility.
       ``(2) Calculation of penalty.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the penalty for failure to submit emission allowances for 
     covered pollutants as required under subsection (d) shall be 
     equal to 3 times the product obtained by multiplying--
       ``(i) as applicable--

       ``(I) the number of tons emitted in excess of the emission 
     limitation requirement applicable to the electricity 
     generating facility; or
       ``(II) the number of emission allowances that the owner or 
     operator failed to submit; and

       ``(ii) the average annual market price of emission 
     allowances (as determined by the Administrator).
       ``(B) Mercury.--In the case of mercury, the penalty shall 
     be equal to 3 times the product obtained by multiplying--
       ``(i) the number of grams emitted in excess of the emission 
     limitation requirement for mercury applicable to the 
     electricity generating facility; and
       ``(ii) the average cost of mercury controls at electricity 
     generating units that have a nameplate capacity of 15 
     megawatts or more in all States (as determined by the 
     Administrator).
       ``(g) Significant Adverse Local Impacts.--
       ``(1) In general.--If the Administrator determines that 
     emissions of an electricity generating facility may 
     reasonably be anticipated to cause or contribute to a 
     significant adverse impact on an area (including endangerment 
     of public health, contribution to acid deposition in a 
     sensitive receptor area, and other degradation of the 
     environment), the Administrator shall limit the emissions of 
     the electricity generating facility as necessary to avoid 
     that impact.
       ``(2) Violation.--Notwithstanding the availability of 
     emission allowances, it shall be a violation of this Act for 
     any electricity generating facility to exceed any limitation 
     on emissions established under paragraph (1).
       ``(h) Additional Reductions.--
       ``(1) Protection of public health or welfare or the 
     environment.--If the Administrator determines that the 
     emission levels necessary to achieve the national emission 
     limitations established under section 704 are not reasonably 
     anticipated to protect public health or welfare or the 
     environment (including protection of children, pregnant 
     women, minority or low-income communities, and other 
     sensitive populations), the Administrator may require 
     reductions in emissions from electricity generating 
     facilities in addition to the reductions required under the 
     other provisions of this title.
       ``(2) Emission allowance trading.--
       ``(A) Studies.--
       ``(i) In general.--In 2013 and at the end of each 3-year 
     period thereafter, the Administrator shall complete a study 
     of the impacts of the emission allowance trading authorized 
     under this title.
       ``(ii) Required assessment.--The study shall include an 
     assessment of ambient air quality in areas surrounding 
     electricity generating facilities that participate in 
     emission allowance trading, including a comparison between--

       ``(I) the ambient air quality in those areas; and
       ``(II) the national average ambient air quality.

       ``(B) Limitation on emissions.--If the Administrator 
     determines, based on the results of a study under 
     subparagraph (A), that adverse local impacts result from 
     emission allowance trading, the Administrator may require 
     reductions in emissions from electricity generating 
     facilities in addition to the reductions required under the 
     other provisions of this title.
       ``(i) Use of certain other emission allowances.--
       ``(1) In general.--Subject to paragraph (2), emission 
     allowances or other emission trading instruments created 
     under title I or IV for sulfur dioxide or nitrogen oxides 
     shall not be valid for submission under subsection (d).
       ``(2) Emission allowances placed in reserve.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an emission allowance described in paragraph (1) that was 
     placed in reserve under section 404(a)(2) or 405 or through 
     regulations implementing controls on nitrogen oxides, because 
     an affected unit emitted fewer tons of sulfur dioxide or 
     nitrogen oxides than were permitted under an emission 
     limitation imposed under title I or IV before the date of 
     enactment of this title, shall be considered to be equivalent 
     to \1/4\ of an emission allowance created by subsection (a) 
     for sulfur dioxide or nitrogen oxides, respectively.
       ``(B) Emission allowances resulting from achievement of new 
     source performance standards.--If an emission allowance 
     described in subparagraph (A) was created and placed in 
     reserve during the period of 2001 through 2009 by the owner 
     or operator of an electricity generating facility through the 
     application of pollution control technology that resulted in 
     the achievement and maintenance by the electricity generating 
     facility of the applicable standards of performance required 
     of new sources under section 111, the emission allowance 
     shall be valid for submission under subsection (d).

     ``SEC. 706. PERMITTING AND TRADING OF EMISSION ALLOWANCES.

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of this title, the Administrator shall promulgate 
     regulations to establish a permitting and emission allowance 
     trading compliance program to implement the limitations on 
     emissions of covered pollutants from electricity generating 
     facilities established under section 704.
       ``(b) Emission Allowance Trading With Facilities Other Than 
     Electricity Generating Facilities.--
       ``(1) In general.--Subject to paragraph (2) and section 
     705(i), the regulations promulgated to establish the program 
     under subsection (a) shall prohibit use of emission 
     allowances generated from other emission control programs for 
     the purpose of demonstrating compliance with the limitations 
     on emissions of covered pollutants from electricity 
     generating facilities established under section 704.
       ``(2) Exception for certain carbon dioxide emission control 
     programs.--The prohibition described in paragraph (1) shall 
     not apply in the case of carbon dioxide emission allowances 
     generated from an emission control program that limits total 
     carbon dioxide emissions from the entirety of any industrial 
     sector.

[[Page 679]]

       ``(c) Methodology.--The program established under 
     subsection (a) shall clearly identify the methodology for the 
     allocation of emission allowances, including standards for 
     measuring annual electricity generation and energy efficiency 
     as the standards relate to emissions.

     ``SEC. 707. EMISSION ALLOWANCE ALLOCATION.

       ``(a) Allocation to Electricity Consumers.--
       ``(1) In general.--For 2010 and each year thereafter, after 
     making allocations of emission allowances under subsections 
     (b) through (f), the Administrator shall allocate the 
     remaining emission allowances created by section 705(a) for 
     the year for each covered pollutant other than mercury to 
     households served by electricity.
       ``(2) Allocation among households.--The allocation to each 
     household shall reflect--
       ``(A) the number of persons residing in the household; and
       ``(B) the ratio that--
       ``(i) the quantity of the residential electricity 
     consumption of the State in which the household is located; 
     bears to
       ``(ii) the quantity of the residential electricity 
     consumption of all States.
       ``(3) Regulations.--Not later than 1 year after the date of 
     enactment of this title, the Administrator shall promulgate 
     regulations making appropriate arrangements for the 
     allocation of emission allowances to households under this 
     subsection, including as necessary the appointment of 1 or 
     more trustees--
       ``(A) to receive the emission allowances for the benefit of 
     the households;
       ``(B) to obtain fair market value for the emission 
     allowances; and
       ``(C) to distribute the proceeds to the beneficiaries.
       ``(b) Allocation for Transition Assistance.--
       ``(1) In general.--For 2010 and each year thereafter 
     through 2019, the Administrator shall allocate the percentage 
     specified in paragraph (2) of the emission allowances created 
     by section 705(a) for the year for each covered pollutant 
     other than mercury in the following manner:
       ``(A) 80 percent shall be allocated to provide transition 
     assistance to--
       ``(i) dislocated workers (as defined in section 101 of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2801)) whose 
     employment has been terminated or who have been laid off as a 
     result of the emission reductions required by this title; and
       ``(ii) communities that have experienced disproportionate 
     adverse economic impacts as a result of the emission 
     reductions required by this title.
       ``(B) 20 percent shall be allocated to producers of 
     electricity intensive products in a number equal to the 
     product obtained by multiplying--
       ``(i) the ratio that--

       ``(I) the quantity of each electricity intensive product 
     produced by each producer in the previous year; bears to
       ``(II) the quantity of the electricity intensive product 
     produced by all producers in the previous year;

       ``(ii) the average quantity of electricity used in 
     producing the electricity intensive product by producers that 
     use the most energy efficient process for producing the 
     electricity intensive product; and
       ``(iii) with respect to the previous year, the national 
     average quantity (expressed in tons) of emissions of each 
     such pollutant per megawatt hour of electricity generated by 
     electricity generating facilities in all States.
       ``(2) Specified percentages.--The percentages referred to 
     in paragraph (1) are--
       ``(A) in the case of 2010, 6 percent;
       ``(B) in the case of 2011, 5.5 percent;
       ``(C) in the case of 2012, 5 percent;
       ``(D) in the case of 2013, 4.5 percent;
       ``(E) in the case of 2014, 4 percent;
       ``(F) in the case of 2015, 3.5 percent;
       ``(G) in the case of 2016, 3 percent;
       ``(H) in the case of 2017, 2.5 percent;
       ``(I) in the case of 2018, 2 percent; and
       ``(J) in the case of 2019, 1.5 percent.
       ``(3) Regulations for allocation for transition assistance 
     to dislocated workers and communities.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this title, the Administrator shall promulgate 
     regulations making appropriate arrangements for the 
     distribution of emission allowances under paragraph (1)(A), 
     including as necessary the appointment of 1 or more 
     trustees--
       ``(i) to receive the emission allowances allocated under 
     paragraph (1)(A) for the benefit of the dislocated workers 
     and communities;
       ``(ii) to obtain fair market value for the emission 
     allowances; and
       ``(iii) to apply the proceeds to providing transition 
     assistance to the dislocated workers and communities.
       ``(B) Form of transition assistance.--Transition assistance 
     under paragraph (1)(A) may take the form of--
       ``(i) grants to employers, employer associations, and 
     representatives of employees--

       ``(I) to provide training, adjustment assistance, and 
     employment services to dislocated workers; and
       ``(II) to make income-maintenance and needs-related 
     payments to dislocated workers; and

       ``(ii) grants to States and local governments to assist 
     communities in attracting new employers or providing 
     essential local government services.
       ``(c) Allocation to Renewable Electricity Generating Units, 
     Efficiency Projects, and Cleaner Energy Sources.--For 2010 
     and each year thereafter, the Administrator shall allocate 
     not more than 20 percent of the emission allowances created 
     by section 705(a) for the year for each covered pollutant 
     other than mercury--
       ``(1) to owners and operators of renewable electricity 
     generating units, in a number equal to the product obtained 
     by multiplying--
       ``(A) the number of megawatt hours of electricity generated 
     in the previous year by each renewable electricity generating 
     unit; and
       ``(B) with respect to the previous year, the national 
     average quantity (expressed in tons) of emissions of each 
     such pollutant per megawatt hour of electricity generated by 
     electricity generating facilities in all States;
       ``(2) to owners and operators of energy efficient 
     buildings, producers of energy efficient products, and 
     entities that carry out energy efficient projects, in a 
     number equal to the product obtained by multiplying--
       ``(A) the number of megawatt hours of electricity or cubic 
     feet of natural gas saved in the previous year as a result of 
     each energy efficient building, energy efficient product, or 
     energy efficiency project; and
       ``(B) with respect to the previous year, the national 
     average quantity (expressed in tons) of emissions of each 
     such pollutant per, as appropriate--
       ``(i) megawatt hour of electricity generated by electricity 
     generating facilities in all States; or
       ``(ii) cubic foot of natural gas burned for a purpose other 
     than generation of electricity in all States;
       ``(3) to owners and operators of new clean fossil fuel-
     fired electricity generating units, in a number equal to the 
     product obtained by multiplying--
       ``(A) the number of megawatt hours of electricity generated 
     in the previous year by each new clean fossil fuel-fired 
     electricity generating unit; and
       ``(B) with respect to the previous year, \1/2\ of the 
     national average quantity (expressed in tons) of emissions of 
     each such pollutant per megawatt hour of electricity 
     generated by electricity generating facilities in all States; 
     and
       ``(4) to owners and operators of combined heat and power 
     electricity generating facilities, in a number equal to the 
     product obtained by multiplying--
       ``(A) the number of British thermal units of thermal energy 
     produced and put to productive use in the previous year by 
     each combined heat and power electricity generating facility; 
     and
       ``(B) with respect to the previous year, the national 
     average quantity (expressed in tons) of emissions of each 
     such pollutant per British thermal unit of thermal energy 
     generated by electricity generating facilities in all States.
       ``(d) Transition Assistance to Electricity Generating 
     Facilities.--
       ``(1) In general.--For 2010 and each year thereafter 
     through 2019, the Administrator shall allocate the percentage 
     specified in paragraph (2) of the emission allowances created 
     by section 705(a) for the year for each covered pollutant 
     other than mercury to the owners or operators of electricity 
     generating facilities in the ratio that--
       ``(A) the quantity of electricity generated by each 
     electricity generating facility in 2003; bears to
       ``(B) the quantity of electricity generated by all 
     electricity generating facilities in 2003.
       ``(2) Specified percentages.--The percentages referred to 
     in paragraph (1) are--
       ``(A) in the case of 2010, 10 percent;
       ``(B) in the case of 2011, 9 percent;
       ``(C) in the case of 2012, 8 percent;
       ``(D) in the case of 2013, 7 percent;
       ``(E) in the case of 2014, 6 percent;
       ``(F) in the case of 2015, 5 percent;
       ``(G) in the case of 2016, 4 percent;
       ``(H) in the case of 2017, 3 percent;
       ``(I) in the case of 2018, 2 percent; and
       ``(J) in the case of 2019, 1 percent.
       ``(e) Allocation to Encourage Biological Carbon 
     Sequestration.--
       ``(1) In general.--For 2010 and each year thereafter, the 
     Administrator shall allocate, on a competitive basis and in 
     accordance with paragraphs (2) and (3), not more than 0.075 
     percent of the carbon dioxide emission allowances created by 
     section 705(a) for the year for the purposes of--
       ``(A) carrying out projects to reduce net carbon dioxide 
     emissions through biological carbon dioxide sequestration in 
     the United States that--
       ``(i) result in benefits to watersheds and fish and 
     wildlife habitats; and
       ``(ii) are conducted in accordance with project reporting, 
     monitoring, and verification guidelines based on--

       ``(I) measurement of increases in carbon storage in excess 
     of the carbon storage that would have occurred in the absence 
     of such a project;
       ``(II) comprehensive carbon accounting that--

[[Page 680]]

       ``(aa) reflects net increases in carbon reservoirs; and
       ``(bb) takes into account any carbon emissions resulting 
     from disturbance of carbon reservoirs in existence as of the 
     date of commencement of the project;

       ``(III) adjustments to account for--

       ``(aa) emissions of carbon that may result at other 
     locations as a result of the impact of the project on timber 
     supplies; or
       ``(bb) potential displacement of carbon emissions to other 
     land owned by the entity that carries out the project; and

       ``(IV) adjustments to reflect the expected carbon storage 
     over various time periods, taking into account the likely 
     duration of the storage of the carbon stored in a carbon 
     reservoir; and

       ``(B) conducting accurate inventories of carbon sinks.
       ``(2) Carbon inventory.--The Administrator, in consultation 
     with the Secretary of Agriculture, shall allocate not more 
     than \1/3\ of the emission allowances described in paragraph 
     (1) to not more than 5 State or multistate land or forest 
     management agencies or nonprofit entities that--
       ``(A) have a primary goal of land conservation; and
       ``(B) submit to the Administrator proposals for projects--
       ``(i) to demonstrate and assess the potential for the 
     development and use of carbon inventorying and accounting 
     systems;
       ``(ii) to improve the standards relating to, and the 
     identification of, incremental carbon sequestration in 
     forests, agricultural soil, grassland, or rangeland; or
       ``(iii) to assist in development of a national biological 
     carbon storage baseline or inventory.
       ``(3) Revolving loan program.--The Administrator shall 
     allocate not more than \2/3\ of the emission allowances 
     described in paragraph (1) to States, based on proposals 
     submitted by States to conduct programs under which each 
     State shall--
       ``(A) use the value of the emission allowances to establish 
     a State revolving loan fund to provide loans to owners of 
     nonindustrial private forest land in the State to carry out 
     forest and forest soil carbon sequestration activities that 
     will achieve the purposes specified in paragraph (2)(B); and
       ``(B) for 2011 and each year thereafter, contribute to the 
     program of the State an amount equal to 25 percent of the 
     value of the emission allowances received under this 
     paragraph for the year in cash, in-kind services, or 
     technical assistance.
       ``(4) Use of emission allowances.--An entity that receives 
     an allocation of emission allowances under this subsection 
     may use the proceeds from the sale or other transfer of the 
     emission allowances only for the purpose of carrying out 
     activities described in this subsection.
       ``(5) Recommendations concerning carbon dioxide emission 
     allowances.--
       ``(A) In general.--Not later than 4 years after the date of 
     enactment of this title, the Administrator, in consultation 
     with the Secretary of Agriculture, shall submit to Congress 
     recommendations for establishing a system under which 
     entities that receive grants or loans under this section may 
     be allocated carbon dioxide emission allowances created by 
     section 705(a) for incremental carbon sequestration in 
     forests, agricultural soils, rangeland, or grassland.
       ``(B) Guidelines.--The recommendations shall include 
     recommendations for development, reporting, monitoring, and 
     verification guidelines for quantifying net carbon 
     sequestration from land use projects that address the 
     elements specified in paragraph (1)(A).
       ``(f) Allocation to Encourage Geological Carbon 
     Sequestration.--
       ``(1) In general.--For 2010 and each year thereafter, the 
     Administrator shall allocate not more than 1.5 percent of the 
     carbon dioxide emission allowances created by section 705(a) 
     to entities that carry out geological sequestration of carbon 
     dioxide produced by an electric generating facility in 
     accordance with requirements established by the 
     Administrator--
       ``(A) to ensure the permanence of the sequestration; and
       ``(B) to ensure that the sequestration will not cause or 
     contribute to significant adverse effects on the environment.
       ``(2) Number of emission allowances.--For 2010 and each 
     year thereafter, the Administrator shall allocate to each 
     entity described in paragraph (1) a number of emission 
     allowances that is equal to the number of tons of carbon 
     dioxide produced by the electric generating facility during 
     the previous year that is geologically sequestered as 
     described in paragraph (1).
       ``(3) Use of emission allowances.--An entity that receives 
     an allocation of emission allowances under this subsection 
     may use the proceeds from the sale or other transfer of the 
     emission allowances only for the purpose of carrying out 
     activities described in this subsection.

     ``SEC. 708. MERCURY EMISSION LIMITATIONS.

       ``(a) In General.--
       ``(1) Regulations.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this title, the Administrator shall promulgate 
     regulations to establish emission limitations for mercury 
     emissions by coal-fired electricity generating facilities.
       ``(B) No exceedance of national limitation.--The 
     regulations shall ensure that the national limitation for 
     mercury emissions from each coal-fired electricity generating 
     facility established under section 704(a)(4) is not exceeded.
       ``(C) Emission limitations for 2009 and thereafter.--In 
     carrying out subparagraph (A), for 2009 and each year 
     thereafter, the Administrator shall not--
       ``(i) subject to subsections (e) and (f) of section 112, 
     establish limitations on emissions of mercury from coal-fired 
     electricity generating facilities that allow emissions in 
     excess of 2.48 grams of mercury per 1000 megawatt hours; or
       ``(ii) differentiate between facilities that burn different 
     types of coal.
       ``(2) Annual review and determination.--
       ``(A) In general.--Not later than April 1 of each year, the 
     Administrator shall--
       ``(i) review the total mercury emissions during the 2 
     previous years from electricity generating facilities located 
     in all States; and
       ``(ii) determine whether, during the 2 previous years, the 
     total mercury emissions from facilities described in clause 
     (i) exceeded the national limitation for mercury emissions 
     established under section 704(a)(4).
       ``(B) Exceedance of national limitation.--If the 
     Administrator determines under subparagraph (A)(ii) that, 
     during the 2 previous years, the total mercury emissions from 
     facilities described in subparagraph (A)(i) exceeded the 
     national limitation for mercury emissions established under 
     section 704(a)(4), the Administrator shall, not later than 1 
     year after the date of the determination, revise the 
     regulations promulgated under paragraph (1) to reduce the 
     emission rates specified in the regulations as necessary to 
     ensure that the national limitation for mercury emissions is 
     not exceeded in any future year.
       ``(3) Compliance flexibility.--
       ``(A) In general.--Each coal-fired electricity generating 
     facility subject to an emission limitation under this section 
     shall be in compliance with that limitation if that 
     limitation is greater than or equal to the quotient obtained 
     by dividing--
       ``(i) the total mercury emissions of the coal-fired 
     electricity generating facility during each 30-day period; by
       ``(ii) the quantity of electricity generated by the coal-
     fired electricity generating facility during that period.
       ``(B) More than 1 unit at a facility.--In any case in which 
     more than 1 coal-fired electricity generating unit at a coal-
     fired electricity generating facility subject to an emission 
     limitation under this section was operated in 1999 under 
     common ownership or control, compliance with the emission 
     limitation may be determined by averaging the emission rates 
     of all coal-fired electricity generating units at the 
     electricity generating facility during each 30-day period.
       ``(b) Prevention of Re-Release.--
       ``(1) Regulations.--Not later than July 1, 2006, the 
     Administrator shall promulgate regulations to ensure that any 
     mercury captured or recovered by emission controls installed 
     at an electricity generating facility is not re-released into 
     the environment.
       ``(2) Required elements.--The regulations shall require--
       ``(A) daily covers on all active waste disposal units, and 
     permanent covers on all inactive waste disposal units, to 
     prevent the release of mercury into the air;
       ``(B) monitoring of groundwater to ensure that mercury or 
     mercury compounds do not migrate from the waste disposal 
     unit;
       ``(C) waste disposal siting requirements and cleanup 
     requirements to protect groundwater and surface water 
     resources;
       ``(D) elimination of agricultural application of coal 
     combustion wastes; and
       ``(E) appropriate limitations on mercury emissions from 
     sources or processes that reprocess or use coal combustion 
     waste, including manufacturers of wallboard and cement.

     ``SEC. 709. OTHER HAZARDOUS AIR POLLUTANTS.

       ``(a) In General.--Not later than January 1, 2006, the 
     Administrator shall issue to owners and operators of coal-
     fired electricity generating facilities requests for 
     information under section 114 that are of sufficient scope to 
     generate data sufficient to support issuance of standards 
     under section 112(d) for hazardous air pollutants other than 
     mercury emitted by coal-fired electricity generating 
     facilities.
       ``(b) Deadline for Submission of Requested Information.--
     The Administrator shall require each recipient of a request 
     for information described in subsection (a) to submit the 
     requested data not later than 180 days after the date of the 
     request.
       ``(c) Promulgation of Emission Standards.--The 
     Administrator shall--
       ``(1) not later than January 1, 2006, propose emission 
     standards under section 112(d) for hazardous air pollutants 
     other than mercury; and
       ``(2) not later than January 1, 2007, promulgate emission 
     standards under section 112(d) for hazardous air pollutants 
     other than mercury.

[[Page 681]]

       ``(d) Prohibition on Excess Emissions.--It shall be 
     unlawful for an electricity generating facility subject to 
     standards for hazardous air pollutants other than mercury 
     promulgated under subsection (c) to emit, after December 31, 
     2008, any such pollutant in excess of the standards.
       ``(e) Effect on Other Law.--Nothing in this section or 
     section 708 affects any requirement of subsection (e), 
     (f)(2), or (n)(1)(A) of section 112, except that the emission 
     limitations established by regulations promulgated under this 
     section shall be deemed to represent the maximum achievable 
     control technology for mercury emissions from electricity 
     generating units under section 112(d).

     ``SEC. 710. EFFECT OF FAILURE TO PROMULGATE REGULATIONS.

       ``If the Administrator fails to promulgate regulations to 
     implement and enforce the limitations specified in section 
     704--
       ``(1)(A) each electricity generating facility shall 
     achieve, not later than January 1, 2010, an annual quantity 
     of emissions that is less than or equal to--
       ``(i) in the case of nitrogen oxides, 15 percent of the 
     annual emissions by a similar electricity generating facility 
     that has no controls for emissions of nitrogen oxides; and
       ``(ii) in the case of carbon dioxide, 75 percent of the 
     annual emissions by a similar electricity generating facility 
     that has no controls for emissions of carbon dioxide; and
       ``(B) each electricity generating facility that does not 
     use natural gas as the primary combustion fuel shall achieve, 
     not later than January 1, 2010, an annual quantity of 
     emissions that is less than or equal to--
       ``(i) in the case of sulfur dioxide, 5 percent of the 
     annual emissions by a similar electricity generating facility 
     that has no controls for emissions of sulfur dioxide; and
       ``(ii) in the case of mercury, 10 percent of the annual 
     emissions by a similar electricity generating facility that 
     has no controls included specifically for the purpose of 
     controlling emissions of mercury; and
       ``(2) the applicable permit under this Act for each 
     electricity generating facility shall be deemed to 
     incorporate a requirement for achievement of the reduced 
     levels of emissions specified in paragraph (1).

     ``SEC. 711. PROHIBITIONS.

       ``It shall be unlawful--
       ``(1) for the owner or operator of any electricity 
     generating facility--
       ``(A) to operate the electricity generating facility in 
     noncompliance with the requirements of this title (including 
     any regulations implementing this title);
       ``(B) to fail to submit by the required date any emission 
     allowances, or pay any penalty, for which the owner or 
     operator is liable under section 705;
       ``(C) to fail to provide and comply with any plan to offset 
     excess emissions required under section 705(f); or
       ``(D) to emit mercury in excess of the emission limitations 
     established under section 708; or
       ``(2) for any person to hold, use, or transfer any emission 
     allowance allocated under this title except in accordance 
     with regulations promulgated by the Administrator.

     ``SEC. 712. MODERNIZATION OF ELECTRICITY GENERATING 
                   FACILITIES.

       ``(a) In General.--Beginning on the later of January 1, 
     2014, or the date that is 40 years after the date on which 
     the electricity generating facility commences operation, each 
     electricity generating facility shall be subject to emission 
     limitations reflecting the application of best available 
     control technology on a new major source of a similar size 
     and type (as determined by the Administrator) as determined 
     in accordance with the procedures specified in part C of 
     title I.
       ``(b) Additional Requirements.--The requirements of this 
     section shall be in addition to the other requirements of 
     this title.

     ``SEC. 713. RELATIONSHIP TO OTHER LAW.

       ``(a) In General.--Except as expressly provided in this 
     title, nothing in this title--
       ``(1) limits or otherwise affects the application of any 
     other provision of this Act; or
       ``(2) precludes a State from adopting and enforcing any 
     requirement for the control of emissions of air pollutants 
     that is more stringent than the requirements imposed under 
     this title.
       ``(b) Regional Seasonal Emission Controls.--Nothing in this 
     title affects any regional seasonal emission control for 
     nitrogen oxides established by the Administrator or a State 
     under title I.''.
       (b) Conforming Amendment.--Section 412(a) of the Clean Air 
     Act (42 U.S.C. 7651k(a)) is amended in the first sentence by 
     striking ``opacity'' and inserting ``mercury, opacity,''.

     SEC. 3. SAVINGS CLAUSE.

       Section 193 of the Clean Air Act (42 U.S.C. 7515) is 
     amended by striking ``date of the enactment of the Clean Air 
     Act Amendments of 1990'' each place it appears and inserting 
     ``date of enactment of the Clean Power Act of 2005''.

     SEC. 4. ACID PRECIPITATION RESEARCH PROGRAM.

       Section 103(j) of the Clean Air Act (42 U.S.C. 7403(j)) is 
     amended--
       (1) in paragraph (3)--
       (A) in subparagraph (F)(i), by striking ``effects; and'' 
     and inserting ``effects, including an assessment of--

       ``(I) acid-neutralizing capacity; and
       ``(II) changes in the number of water bodies in the 
     sensitive ecosystems referred to in subparagraph (G)(ii) with 
     an acid-neutralizing capacity greater than zero; and''; and

       (B) by adding at the end the following:
       ``(G) Sensitive ecosystems.--
       ``(i) In general.--Beginning in 2006, and every 4 years 
     thereafter, the report under subparagraph (E) shall include--

       ``(I) an identification of environmental objectives 
     necessary to be achieved (and related indicators to be used 
     in measuring achievement of the objectives) to adequately 
     protect and restore sensitive ecosystems; and
       ``(II) an assessment of the status and trends of the 
     environmental objectives and indicators identified in 
     previous reports under this paragraph.

       ``(ii) Sensitive ecosystems to be addressed.--Sensitive 
     ecosystems to be addressed under clause (i) include--

       ``(I) the Adirondack Mountains, mid-Appalachian Mountains, 
     Rocky Mountains, and southern Blue Ridge Mountains;
       ``(II) the Great Lakes, Lake Champlain, Long Island Sound, 
     and the Chesapeake Bay; and
       ``(III) other sensitive ecosystems, as determined by the 
     Administrator.

       ``(H) Acid deposition standards.--Beginning in 2006, and 
     every 4 years thereafter, the report under subparagraph (E) 
     shall include a revision of the report under section 404 of 
     Public Law 101-549 (42 U.S.C. 7651 note) that includes a 
     reassessment of the health and chemistry of the lakes and 
     streams that were subjects of the original report under that 
     section.''; and
       (2) by adding at the end the following:
       ``(4) Protection of sensitive ecosystems.--
       ``(A) Determination.--Not later than December 31, 2012, the 
     Administrator, taking into consideration the findings and 
     recommendations of the report revisions under paragraph 
     (3)(H), shall determine whether emission reductions under 
     titles IV and VII are sufficient to--
       ``(i) achieve the necessary reductions identified under 
     paragraph (3)(F); and
       ``(ii) ensure achievement of the environmental objectives 
     identified under paragraph (3)(G).
       ``(B) Regulations.--
       ``(i) In general.--Not later than 2 years after the 
     Administrator makes a determination under subparagraph (A) 
     that emission reductions are not sufficient, the 
     Administrator shall promulgate regulations to protect the 
     sensitive ecosystems referred to in paragraph (3)(G)(ii).
       ``(ii) Contents.--Regulations under clause (i) shall 
     include modifications to--

       ``(I) provisions relating to nitrogen oxide and sulfur 
     dioxide emission reductions;
       ``(II) provisions relating to allocations of nitrogen oxide 
     and sulfur dioxide allowances; and
       ``(III) such other provisions as the Administrator 
     determines to be necessary.''.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR DEPOSITION 
                   MONITORING.

       (a) Operational Support.--In addition to amounts made 
     available under any other law, there are authorized to be 
     appropriated for each of fiscal years 2006 through 2015--
       (1) for operational support of the National Atmospheric 
     Deposition Program National Trends Network--
       (A) $2,000,000 to the United States Geological Survey;
       (B) $600,000 to the Environmental Protection Agency;
       (C) $600,000 to the National Park Service; and
       (D) $400,000 to the Forest Service;
       (2) for operational support of the National Atmospheric 
     Deposition Program Mercury Deposition Network--
       (A) $400,000 to the Environmental Protection Agency;
       (B) $400,000 to the United States Geological Survey;
       (C) $100,000 to the National Oceanic and Atmospheric 
     Administration; and
       (D) $100,000 to the National Park Service;
       (3) for the National Atmospheric Deposition Program 
     Atmospheric Integrated Research Monitoring Network $1,500,000 
     to the National Oceanic and Atmospheric Administration;
       (4) for the Clean Air Status and Trends Network $5,000,000 
     to the Environmental Protection Agency; and
       (5) for the Temporally Integrated Monitoring of Ecosystems 
     and Long-Term Monitoring Program $2,500,000 to the 
     Environmental Protection Agency.
       (b) Modernization.--In addition to amounts made available 
     under any other law, there are authorized to be 
     appropriated--
       (1) for equipment and site modernization of the National 
     Atmospheric Deposition Program National Trends Network 
     $6,000,000 to the Environmental Protection Agency;
       (2) for equipment and site modernization and network 
     expansion of the National Atmospheric Deposition Program 
     Mercury Deposition Network $2,000,000 to the Environmental 
     Protection Agency;

[[Page 682]]

       (3) for equipment and site modernization and network 
     expansion of the National Atmospheric Deposition Program 
     Atmospheric Integrated Research Monitoring Network $1,000,000 
     to the National Oceanic and Atmospheric Administration; and
       (4) for equipment and site modernization and network 
     expansion of the Clean Air Status and Trends Network 
     $4,600,000 to the Environmental Protection Agency.
       (c) Availability of Amounts.--Each of the amounts 
     appropriated under subsection (b) shall remain available 
     until expended.

     SEC. 6. TECHNICAL AMENDMENTS.

       Title IV of the Clean Air Act (relating to noise pollution) 
     (42 U.S.C. 7641 et seq.)--
       (1) is amended by redesignating sections 401 through 403 as 
     sections 801 through 803, respectively; and
       (2) is redesignated as title VIII and moved to appear at 
     the end of that Act.

  Ms. COLLINS. Mr. President, I rise today to join Senator Jeffords and 
Senator Lieberman in introducing the Clean Power Act of 2005. This bill 
closes the loophole that has allowed the dirtiest, most polluting power 
plants in the Nation to escape significant pollution controls for more 
than 30 years.
  Maine is one of the most beautiful and pristine States in the Nation. 
It is also one of the most environmentally responsible States in the 
Nation. Maine has fewer emissions of the pollutants that cause smog and 
acid rain than all but a handful of States. It also has one of the 
lowest emissions of carbon dioxide nationwide.
  Unfortunately, despite the collective environmental commitment of 
both its citizens and industries, Maine still suffers from air 
pollution. Every freshwater lake, river, and stream in Maine is subject 
to a State mercury advisory that warns pregnant women and young 
children to limit consumption of fish caught in those waters. Even 
Acadia National Park, one of our most beautiful national parks, 
experiences days in which visibility is obscured by smog.
  Where does all this pollution come from? A large part of it comes 
from a relatively small number of mostly coal-fired powerplants that 
exploit loopholes to escape the provisions of the Clean Air Act. Coal-
fired powerplants are the single largest source of air pollution, 
mercury contamination, and greenhouse gas emissions in the Nation. A 
single coal-fired powerplant can emit more of the pollutants that cause 
smog and acid rain than all of the cars, factories, and businesses in 
Maine combined.
  As the easternmost State in the Nation, Maine is downwind of almost 
all powerplants in the United States. Many of the pollutants emitted by 
these powerplants--mercury, sulfur dioxide, nitrogen oxides, and carbon 
dioxide--end up in or over Maine. Airborne mercury falls into our lakes 
and streams, contaminating freshwater fish and threatening our people's 
health. Carbon dioxide is causing climate change that threatens to 
alter Maine's delicate ecological balance. Sulfur dioxide and nitrogen 
oxides come to Maine in the form of acid rain and smog that damage the 
health of our people and the health of our environment.
  A single powerplant can emit nearly a ton of mercury in a single 
year. That's equivalent to incinerating over one million mercury 
thermometers and is enough to contaminate millions of acres of 
freshwater lakes. In contrast, Maine has zero powerplant emissions of 
mercury. This bill would reduce mercury emissions from powerplants by 
90 percent.
  Powerplants are also one of the largest contributors of greenhouse 
gas emissions in the United States. In fact, powerplants account for 40 
percent of our carbon dioxide emissions, which scientists believe are 
the primary cause of man-made global warming.
  I recently had the opportunity to view firsthand some of the dramatic 
impacts of global warming. In August, I traveled with Senator McCain 
and several other Senators to the northernmost community in the world. 
We visited Ny-Alesund on the Norwegian island of Spitsbergen. Located 
at 79  deg.N, Ny-Alesund lies well north of the Arctic Circle and is 
much closer to the North Pole than to Oslo, the country's capital. It 
has even served as a starting point for several polar expeditions.
  Scientists tell us that the global climate is changing more rapidly 
than at any time since the beginning of civilization. They further 
state that the region of the globe changing most rapidly is the Arctic. 
The changes are remarkable and disturbing.
  In the last 30 years, the Arctic has lost sea-ice cover over an area 
10 times as large as the State of Maine. In the summer, the change is 
even more dramatic, with twice as much ice loss. The ice that remains 
is as much as 40% thinner than it was just a few decades ago. In 
addition to disappearing sea-ice, Arctic glaciers are also rapidly 
retreating. In Ny-Alesund, Senator McCain and I witnessed massive 
blocks of ice falling off glaciers that had already retreated well back 
from the shores where they once rested.
  The Clean Power Act takes an important step in addressing global 
warming by reducing powerplant emissions of carbon dioxide to 2000 
levels by the year 2010. Although doing so will not solve the problem 
of global warming, it is an important first step. In light of the rapid 
warming in the Arctic and the significance that this warming portends 
for the rest of the planet, reducing carbon dioxide emissions is a step 
that we can no longer afford to put off.
  I am pleased that the Senate Environment and Public Works Committee 
will be considering clean air legislation in the 109th Congress. The 
Jeffords-Collins-Lieberman bill does more to reduce smog, acid rain, 
mercury pollution, and global warming than any other bill. Our bill 
provides more public health and environmental benefits than any other 
serious proposal, and it provides those benefits sooner.
  I believe it is time to stop acid rain, free our lakes from mercury 
pollution, reduce global warming, and eliminate the smog that drifts in 
to obscure Maine skies and jeopardize our health. I look forward to 
working with the administration and my colleagues on both sides of the 
aisle to provide cleaner air.
  Ms. SNOWE. Mr. President, I rise today to cosponsor Senator Jeffords' 
bill--as I have in the last three Congresses--because I remain 
dedicated to reducing power plant emissions that cause some of the 
Nation's--and Maine's--most serious public health and environmental 
problems.
  For too many years, coal-burning power plants exempt from emissions 
standards under the Clean Air Act have created massive pollution 
problems for the Northeast because whatever spews out of their 
smokestacks in the Midwest, blows into the Northeast, including my 
State of Maine, giving it the dubious distinction of being at the ``end 
of the tailpipe'', so to speak.
  The Jeffords' legislation calls for reductions of power plant 
emissions for pollutants that cause smog, soot, respiratory disease; 
acid rain that kills our forests and may be affecting Atlantic salmon 
streams; mercury that contaminates our lakes, rivers and streams; and 
poses health risks to children and the unborn, and climate 
variabilities from manmade carbon dioxide emissions that cause severe 
shifts in our weather patterns. Maine currently leads the nation in 
asthma cases per capita, which is not a surprise, but which it can do 
little about when nearly 80 percent of the State's dirty air--some days 
as high as 90 percent--is not of their own making but is transported by 
winds blowing in from the Midwest and Southeast.
  This bill will dramatically cut aggregate power plant emissions by 
2010 for the four major power plant pollutants: nitrogen oxides 
(NOX), the primary cause of smog, by 71 percent from 2000 
levels; sulfur dioxide (SO2), that causes acid rain and 
respiratory disease, by 81 percent from 2000 levels; mercury (Hg), 
which poisons our lakes and rivers, causing fish to be unfit for human 
consumption, through a 90 percent reduction by 2009; and carbon dioxide 
(CO2), the greenhouse gas most directly linked to global 
climate change, by 21 percent from 2000 levels. Of note, the 
NOX, SO2, and mercury reductions are set at 
levels that are known to be cost-effective with available technology.
  The Clean Power Act will also eliminate the outdated coal-burning 
power plants that were grandfathered in under the Clean Air Act unless 
they apply the best available pollution control technology by their 
40th birthday

[[Page 683]]

or 2014, whichever is later. The thinking for the exemption in the 
Clean Air Act was based, at the time, on the assumption that the plants 
would not stay on line much longer. However, as energy has gotten more 
expensive, companies are keeping these older, dirtier plants up and 
running.
  Furthermore, just as the Clean Air Act already provides tradable 
allowances for sulfur dioxide that causes acid rain, the Jeffords' 
legislation also allows for tradable allowances to control emissions 
for three other pollutants--NOX, SOX, and 
CO2--by using market-oriented mechanisms to meet emissions 
reduction requirements.
  The tradable allowances would be distributed to five main categories, 
including 63 percent or more to households; six percent for transition 
assistance to affected communities and industries, which will decline 
over time; up to 20 percent to renewable energy generation, efficiency 
projects and cleaner energy sources, based on avoided pollution; 10 
percent to existing electric generating facilities based on 2003 
output; and up to 1.5 percent of the carbon dioxide allowances for 
biological and geological carbon sequestration. Of note, trading will 
not be allowed if it enables a power plant to pollute at a level that 
damages public health or the environment.
  I am disappointed that the Clear Skies initiative addresses neither 
carbon dioxide as a pollutant nor anthropogenic emissions reductions 
for CO2. While I recognize that the pollutants listed under 
the Clean Air Act were chosen in order to achieve healthier air for 
humans by cutting back on smog and soot, and also for mercury 
contamination, I believe it is long past due that carbon dioxide be 
recognized as a pollutant that is harming the health of the planet, and 
indirectly, all of us.
  I am supporting the goal of CO2 emissions reduction in the 
Jeffords' bill in the hopes that the bill will be a rallying point to 
further the debate for reducing CO2 and at the same time, 
get our air cleaner on a quicker timeframe. In particular, Congress 
needs to develop a market mechanism approach for CO2 
emissions trading--such as we now have for acid rain--to allow U.S. 
industries the flexibility and certainty to reduce CO2 
emissions without the threat of higher energy production costs in the 
future that will be passed on to the consumer. I will continue to work 
with my colleagues, the White House and representatives from various 
industry groups, and environmental organizations to achieve this goal.
  The bottom line is that we have the opportunity to raise the bar for 
cleaner domestic energy production in an economically effective manner. 
Solutions exist in available and developing technologies, and most of 
all in the entrepreneurial spirit of the American people who want a 
cleaner and healthier environment, including those in Maine who want to 
ensure that the State's pristine lakes and coast will remain clean and 
our forests and fish healthy for generations to come.
  My State of Maine is leading the way in attempting to reduce 
CO2 emissions as it is the first state in the nation to 
enact a law setting goals for the reduction of global warming 
emissions, through An Act to Provide Leadership in Addressing the 
Threat of Climate Change. The Act requires Maine to develop a climate 
change action plan to reduce carbon dioxide emissions to 1990 levels by 
2010, 10 percent below 1990 levels by 2020, and by as much as 75 to 80 
percent over the long term. These are the cuts previously agreed to by 
the New England Governors and Eastern Canadian Premiers. The State law 
will also inventory and reduce CO2 emissions from state-
funded programs and facilities, and to spur at least 50 partnerships 
with businesses and non-profit organizations to reduce CO2 
emissions.
  While Maine was the first to put into effect a comprehensive climate 
change law, other states from the Northeast and around the country have 
taken, or are currently taking, actions to address climate change at 
the state or regional level. The Jeffords' legislation calls for 
Federal leadership as well and sends a powerful message to those who 
would heavily pollute our air: your days are numbered.
  I am optimistic that the Congress can come together with the 
President, industry and all those who want cleaner, healthier air to 
create a cohesive policy that is best suited for our nation, and I urge 
my colleagues to support the Jeffords' four-pollutant legislation.
                                 ______
                                 
      By Mr. COLEMAN (for himself and Mr. Pryor):
  S. 151. A bill to amend title 38, United States Code, to require an 
annual plan on outreach activities of the Department of Veterans 
Affairs; to the Committee on Veterans' Affairs.
  Mr. COLEMAN. Mr. President, today I am pleased to introduce the 
Veterans Benefits Outreach Act of 2005 with my good friend and 
colleague, Senator Mark Pryor of Arkansas.
  The idea for this legislation emanated from a very troubling story I 
read in my hometown paper, the Saint Paul Pioneer Press entitled, 
``Wounded and Forgotten.''
  The article reported that nearly 600,000 veterans are eligible for 
benefits but not receiving them simply because they don't know they are 
eligible.
  It is clear that we need to do a better job of reaching out to 
veterans so they get the benefits they have earned. Our bill would do 
this by requiring the Veterans Administration to develop an annual plan 
to identify veterans who are eligible for but not receiving their 
benefits and an outreach plan to enroll them.
  Pretty simply really: matching benefits with people who have earned 
them, and often through a lot of sacrifice for us and the freedoms we 
enjoy every day.
  I hope the Senate will be able to act on this important legislation 
early this year so my hometown newspaper can report that our veterans 
are always remembered.
  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. 151

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans Benefits Outreach 
     Act of 2005''.

     SEC. 2. ANNUAL PLAN ON OUTREACH ACTIVITIES.

       (a) Annual Plan Required.--Subchapter II of chapter 5 of 
     title 38, United States Code, is amended by inserting after 
     section 523 the following new section:

     ``Sec. 523A. Annual plan on outreach activities

       ``(a) Annual Plan Required.--The Secretary shall prepare 
     each year a plan for the outreach activities of the 
     Department for the following year.
       ``(b) Elements.--Each annual plan under subsection (a) 
     shall include the following:
       ``(1) Plans for efforts to identify veterans who are not 
     enrolled or registered with the Department for benefits or 
     services under the programs administered by the Secretary.
       ``(2) Plans for informing veterans and their dependents of 
     modifications of the benefits and services under the programs 
     administered by the Secretary, including eligibility for 
     medical and nursing care and services.
       ``(c) Coordination in Development.--In developing an annual 
     plan under subsection (a), the Secretary shall consult with 
     the following:
       ``(1) Directors or other appropriate officials of 
     organizations recognized by the Secretary under section 5902 
     of this title.
       ``(2) Directors or other appropriate officials of State and 
     local education and training programs.
       ``(3) Representatives of non-governmental organizations 
     that carry out veterans outreach programs.
       ``(4) Representatives of State and local veterans 
     employment organizations.
       ``(5) Businesses and professional organizations.
       ``(6) Other individuals and organizations that assist 
     veterans in adjusting to civilian life.
       ``(d) Incorporation of Assessment of Previous Annual 
     Plans.--In developing an annual plan under subsection (a), 
     the Secretary shall take into account the lessons learned 
     from the implementation of previous annual plans under such 
     subsection.
       ``(e) Incorporation of Recommendations to Improve Outreach 
     and Awareness.--In developing an annual plan under subsection 
     (a), the Secretary shall incorporate the recommendations for 
     the improvement of veterans outreach and awareness activities 
     included in the report submitted to Congress by the Secretary 
     pursuant to section 805 of the Veterans Benefits Improvement 
     Act of 2004 (Public Law 108-454).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is

[[Page 684]]

     amended by inserting after the item relating to section 523 
     the following new item:

``523A. Annual plan on outreach activities.''.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
  S. 153. A bill to direct the Secretary of the Interior to conduct a 
resource study of the Rim of the Valley Corridor in the State of 
California to evaluate alternatives for protecting the resources of the 
Corridor, and for other purposes; to the Committee on Energy and 
Natural Resources.
  Mrs. FEINSTEIN. Mr. President, I am pleased to introduce this bill 
today along with Senator Boxer as cosponsor to direct the Interior 
Secretary to conduct a study to evaluate the suitability and 
feasibility of expanding the Santa Monica National Recreation Area to 
include the Rim of the Valley Corridor.
  The Rim of the Valley Corridor encircles the San Fernando Valley, La 
Crescenta, Simi, Conejo, and Santa Clarita Valleys, consisting of parts 
of the Santa Monica Mountains, Santa Susanna Mountains, San Gabriel 
Mountains, Verdugo Mountains, San Rafael Hills and connects to the 
adjacent Los Padres and San Bernardino National Forests.
  This parcel of land is unique because of its rare Mediterranean 
ecosystem and wildlife corridor that stretches north from the Santa 
Monicas. With the population growth forecasted to multiply 
exponentially over the next several decades, the need for parks to 
balance out the expected population growth has become critical in 
California.
  Since the creation of the Santa Monica Recreation Area in 1978, 
Federal, State, and local authorities have worked successfully together 
to create and maintain the highly successful Santa Monica Mountains 
National Recreation Area, the world's largest urban park, hemmed in on 
all sides by development.
  Park and recreational lands provide people with a vital refuge from 
urban life while preserving valuable habitat and wildlife. With the 
passage of this legislation, Congress will hold true to its original 
commitment to preserve the scenic, natural, and historic setting of the 
Santa Monica Mountains Recreation Area.
  With the inclusion of the Rim of the Valley Corridor in the Santa 
Monica Mountains Recreation Area, greater ecological health and 
diversity will be promoted, particularly for larger animals like 
mountain lions, bobcats, and the golden eagle. By creating a single 
contiguous Rim of the Valley Trail, people will enjoy greater access to 
existing trails in the Recreational Area.
  After the study called for in this bill is complete, the Secretary of 
the Interior and Congress will be in a key position to determine 
whether all or portions of the Rim of the Valley Corridor warrant 
national park status.
  This bill enjoys strong support from local and State officials and I 
hope that it will have as much strong bipartisan support this Congress, 
as it did last Congress. Congressman Adam Schiff plans to introduce 
companion legislation for this bill in the House and I applaud his 
commitment to this issue.
  I urge my colleagues to support this legislation and I ask unanimous 
consent that the text of this proposed legislation be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 153

       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 ``Rim of the Valley Corridor 
     Study Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Corridor.--
       (A) In general.--The term ``Corridor'' means the land, 
     water, and interests of the area in the State known as the 
     ``Rim of the Valley Corridor''.
       (B) Inclusions.--The term ``Corridor'' includes the 
     mountains surrounding the San Fernando, La Crescenta, Santa 
     Clarita, Simi, and Conejo valleys in the State.
       (2) Recreation area.--The term ``Recreation Area'' means 
     the Santa Monica Mountains National Recreation Area in the 
     State.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State.--The term ``State'' means the State of 
     California

     SEC. 3. RESOURCE STUDY OF THE RIM OF THE VALLEY CORRIDOR, 
                   CALIFORNIA.

       (a) In General.--The Secretary shall conduct a resource 
     study of the Corridor to evaluate various alternatives for 
     protecting the resources of the Corridor, including 
     designating all or a portion of the Corridor as a unit of the 
     Recreation Area.
       (b) Requirements.--In conducting the study under subsection 
     (a), the Secretary shall--
       (1) seek to achieve the objectives of--
       (A) protecting wildlife populations in the Recreation Area 
     by preserving habitat linkages and wildlife movement 
     corridors between large blocks of habitat in adjoining 
     regional open space;
       (B) establishing connections along the State-designated Rim 
     of the Valley Trail System for the purposes of--
       (i) creating a single contiguous Rim of the Valley Trail; 
     and
       (ii) encompassing major feeder trails connecting adjoining 
     communities and regional transit to the Rim of the Valley 
     Trail System;
       (C) preserving recreational opportunities;
       (D) facilitating access to open space for a variety of 
     recreational users;
       (E) protecting--
       (i) rare, threatened, or endangered plant and animal 
     species; and
       (ii) rare or unusual plant communities and habitats;
       (F) protecting historically significant landscapes, 
     districts, sites, and structures; and
       (G) respecting the needs of communities in, or in the 
     vicinity of, the Corridor;
       (2) analyze the potential impact of each alternative on 
     staffing and other potential costs to Federal, State, and 
     local agencies and other organizations; and
       (3) analyze the potential impact that designating all or a 
     portion of the Corridor as a unit of the Recreation Area 
     would have on land in or bordering the area that is privately 
     owned as of the date on which the study is conducted.
       (c) Consultation.--In conducting the study, the Secretary 
     shall consult with appropriate Federal, State, county, and 
     local government entities.
       (d) Applicable Law.--Section 8(c) of Public Law 91-383 (16 
     U.S.C. 1a-5(c)) shall apply to the conduct and completion of 
     the study required by subsection (a).

     SEC. 4. REPORT.

       (a) In General.--Not later than 3 years after the date on 
     which funds are first made available for the study, the 
     Secretary shall submit to the Committee on Energy and Natural 
     Resources of the Senate and to the Committee on Resources of 
     the House of Representatives a report that describes the 
     results of the study conducted under section 3.
       (b) Inclusion.--The report submitted under subsection shall 
     include the concerns of private landowners within the 
     boundaries of the Recreation Area.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mr. Hatch, Mr. Grassley, Mr. 
        Cornyn, and Mr. Kyl):
  S. 155. A bill to increase and enhance law enforcement resources 
committed to investigation and prosecution of violent gangs, to deter 
and punish violent gang crime, to protect law-abiding citizens and 
communities from violent criminals, to revise and enhance criminal 
penalties for violent crimes, to reform and facilitate prosecution of 
juvenile gang members who commit violent crimes, to expand and improve 
gang prevention programs, and for other purposes; to the Committee on 
the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise today to join my good friend 
and colleague Senator Orrin Hatch, to introduce the ``Gang Prevention 
and Effective Deterrence Act of 2005.''
  Gangs are spreading across our country, increasing in violence and 
power in every State. The growth and spread of these gangs illustrate 
the simple fact that they are no longer a local problem. They are a 
national problem, and require a national solution. This bill is 
designed to contribute to that solution by bringing together Federal, 
State and local law enforcement, equipping them with the right legal 
tools, and providing authorization for funds to make this partnership 
effective.
  First, let me illustrate the scope of the problem we face: In 2002, 
there were approximately 731,500 gang members and 21,500 gangs in the 
United States. Additionally, the FBI report on national crime 
statistics found that youth-gang homicides had jumped to more than 
1,100 in 2002, up from 692 in 1999. According to a report commissioned 
by a coalition of big city police chiefs, gang-related killings 
skyrocketed by 50 percent from 1999 to

[[Page 685]]

2002. In 2002, there were a little more than 16,000 homicides in the 
United States--more than a thousand of those murders were gang-related. 
In Southern California alone there have been about 3,100 gang-related 
killings since 1999. 87 percent of U.S. cities with a population of 
more than 100,000 have reported gang problems, according to the 
Department of justice.
  The bottom line is that this is a major problem.
  This legislation before us today squarely addresses these serious 
issues. Its main point is to create a new type of crime, by defining 
and criminalizing ``Criminal Street Gangs.'' This recognizes the basic 
point of a street gang--it is more powerful, and more dangerous, than 
its individual members. Defeating gangs means recognizing what is so 
dangerous about them, and then making that conduct against the law.
  This bill does exactly that. It makes illegal participation in a 
criminal street gang a federal crime. A ``criminal street gang'' is 
defined to mean a formal or informal group, club, organization or 
association of 3 or more persons who act together to commit gang 
crimes. This legislation makes it a crime for a member of a criminal 
street gang to commit, conspire or attempt to commit two or more 
predicate gang crimes; or to get another individual to commit a gang 
crime. The term ``gang crime'' is defined to include violent and other 
serious State and Federal felony crimes such as: murder, maiming, 
manslaughter, kidnapping, arson, robbery, assault with a dangerous 
weapon, obstruction of justice, carjacking, distribution of a 
controlled substance, certain firearms offenses and money laundering. 
And it criminalizes violent crimes in furtherance or in aid of criminal 
street gangs.
  These two provisions are at the heart of this legislation. Armed with 
this new law, Federal prosecutors, working in tandem with State and 
local law enforcement, will be able to take on gangs in much the same 
way that traditional Mafia families have been systematically destroyed 
by effective RICO prosecutions. The legislation also recognizes that 
the core changes, standing alone, are not sufficient.
  The Gang Prevention and Effective Deterrence Act is a comprehensive 
bill to increase gang prosecution and prevention efforts. The bill 
authorizes approximately $650 million over the next five years to 
support Federal, State and local law enforcement efforts against 
violent gangs including the funding of witness protection programs and 
for intervention and prevention programs for at-risk youth. In support 
of this effort, the bill increases funding for Federal prosecutors and 
FBI agents to increase coordinated enforcement efforts against violent 
gangs.
  Witness protection is particularly important--as an example, recent 
press reports from Boston show that gang members are distributing what 
is, in essence, a witness intimidation media kit, complete with 
graphics and CDs that warn potential witnesses that they will be 
killed--one CD depicts three bodies on its covers. In another incident, 
a witnesses' grand jury testimony was taped to his home--soon afterward 
he was killed.
  The Act also creates new criminal gang prosecution offenses, enhances 
existing gang and violent crime penalties to deter and punish illegal 
street gangs, proposes violent crime reforms needed to effectively 
prosecute gang members, and proposes a limited reform of the juvenile 
justice system to facilitate Federal prosecution of 16 and 17 year old 
gang members who commit serious acts of violence--specifically it:
  Makes recruiting minors to join criminal street gangs a Federal crime 
and requires offenders to pay the costs associated with housing and 
treating any recruited minor who is prosecuted for their gang activity.
  Makes murder and other violent crimes committed in connection with 
drug trafficking Federal crimes.
  Creates a new offense of multiple interstate murders, where an 
individual crosses State lines and intends to cause the death of two or 
more people.
  Allows for prosecution of gang members who cross State lines to 
obstruct justice, intimidate or retaliate against witnesses, jurors, 
informants, or victims.
  Creates tougher laws for certain Federal crimes like assault, 
carjacking, manslaughter, conspiracy, and for specific types of crimes 
occurring in Indian country.
  Requires that someone convicted of hiring another person to commit 
murder be punished with imprisonment, instead of a fine.
  Makes sexual assault a predicate act under RICO and increases the 
maximum sentences for these RICO crimes.
  Allows for detention of persons charged with firearms who have been 
previously convicted of prior crimes of violence or serious drug 
offenses. Current law does not allow a prosecutor to ask that a person 
be held without bail even if the person has previously been convicted 
of a crime of violence or a serious drug offense. This bill would allow 
prosecutors to make that request of a judge but would allow a criminal 
defendant the right to argue why he or she should not be held.
  Makes it clear that in a death penalty case, the case can be tried 
where the murder, or related conduct, occurred.
  Extends the time within which a violent crime case can be charged and 
tried. For violent crime cases, the time is extended from 5 years to 10 
years after the offense occurred or the continuing offense was 
completed, and from 5 years to 8 years after the date on which the 
violation was first discovered.
  Permits wiretaps to be used for new gang crimes created by this bill.
  Allows for a murdered witness's statements to be admitted at trial in 
cases where the defendant caused the witness's death.
  Makes clear where a case can be tried involving retaliation against a 
witness--in either the district where the case is being tried, or where 
the intimidation took place.
  Increases penalties for criminal use of firearms in crimes of 
violence and drug trafficking.
  Includes modified juvenile provisions. This bill will allow 
prosecutors to more easily charge 16 and 17 year olds who are charged 
with serious violent felonies. A judge will review every decision a 
prosecutor makes to charge a juvenile as an adult.
  Creates and provides assistance for ``High Intensity'' Interstate 
Gang Activity areas. This legislation requires the Attorney General to 
designate certain locations as ``high intensity interstate gang 
activity areas'' and provides assistance in the form of criminal street 
gang enforcement teams made up of local, State and Federal law 
enforcement authorities to investigate and prosecute criminal street 
gangs in each high intensity interstate gang activity area.
  Authorizes funding of $500 million for 2004 through 2008 to meet the 
goals of suppression and intervention: $50 million a year will be used 
to support the criminal gang enforcement teams. $50 million a year will 
be used to make grants available for community-based programs to 
provide for crime prevention and intervention services for gang members 
and at-risk youth in areas designated as high intensity interstate gang 
activity areas.
  Authorizes $150 million over five years to support anti-gang efforts 
including: Expanding the Project Safe Neighborhood program to require 
U.S. Attorneys to identify and prosecute significant gangs within their 
district; coordinating such prosecutions among all local, State, and 
Federal law enforcement; and coordinating criminal street gang 
enforcement teams in designated high intensity interstate gang activity 
areas. Supporting the Federal Bureau of Investigation's Safe Streets 
Program. Creating and expanding witness protection programs, the hiring 
of additional State and local prosecutors, funding gang prevention and 
community prosecution programs and purchasing equipment to increase the 
accurate identification and prosecution of violent offenders.
  The bottom line is that this legislation would provide the tools and 
the resources to begin that national task of destroying criminal street 
gangs. It is designed to emphasize and encourage

[[Page 686]]

Federal, State and local cooperation. It combines enforcement with 
prevention. It is a tough, effective and fair approach.
  This is not a new bill. I have been working on it for almost ten 
years. In 1996, I joined Senator Hatch and others to develop the 
Federal Gang Violence Act, which would have increased criminal 
penalties for gang members, made recruiting persons into a criminal 
street gang a crime, and enhanced penalties for transferring a gun to a 
minor. Many of the provisions of that bill were incorporated into the 
1999 Juvenile Justice bill, which was approved overwhelmingly (73-25) 
by the Senate in the 106th Congress. However, the Juvenile Justice bill 
stalled in conference, and these provisions were never signed into law.
  In the years that followed we kept up our efforts, with Republicans 
and Democrats working together on this critical issue. In the 108th 
Congress a version of this bill was introduced, and eventually was co-
sponsored by Senators Hatch and others. That bill was the subject of 
much discussion and debate. Some of my colleagues raised some valuable 
suggestions and criticisms, many of which were incorporated in the bill 
last year. The result of that compromise was reported favorably by the 
Judiciary Committee last Fall, but was never considered by the full 
Senate.
  The legislation today is the same as that which was approved by the 
Judiciary Committee, and I hope this year we will move quickly to pass 
it into law. That said, I understand that some of my colleagues are 
still concerned about certain aspects of the bill. My intention is to 
continue to negotiate in the weeks ahead. I am open to change, and 
welcome further discussion and analysis.
  We all agree that gangs are a terrible and growing problem. We all 
agree that something needs to be done. I believe that this legislation 
is desperately needed, and I look forward to working with my colleagues 
on both sides of the aisle to take this bill and make it law.
  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. 155

       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 ``Gang 
     Prevention and Effective Deterrence Act of 2005''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:
Sec. 1. Short title; table of contents.

              TITLE I--CRIMINAL STREET GANG ABATEMENT ACT

Sec. 100. Findings.

 Subtitle A--Criminal Law Reforms and Enhanced Penalties to Deter and 
                  Punish Illegal Street Gang Activity

Sec. 101. Solicitation or recruitment of persons in criminal street 
              gang activity.
Sec. 102. Criminal street gangs.
Sec. 103. Violent crimes in furtherance or in aid of criminal street 
              gangs.
Sec. 104. Interstate and foreign travel or transportation in aid of 
              criminal street gangs.
Sec. 105. Amendments relating to violent crime in areas of exclusive 
              Federal jurisdiction.
Sec. 106. Increased penalties for use of interstate commerce facilities 
              in the commission of murder-for-hire and other felony 
              crimes of violence.
Sec. 107. Increased penalties for violent crimes in aid of racketeering 
              activity.
Sec. 108. Murder and other violent crimes committed during and in 
              relation to a drug trafficking crime.

 Subtitle B--Increased Federal Resources to Deter and Prevent At-Risk 
                Youth From Joining Illegal Street Gangs

Sec. 110. Designation of and assistance for ``high intensity'' 
              interstate gang activity areas.
Sec. 111. Enhancement of project safe neighborhoods initiative to 
              improve enforcement of criminal laws against violent 
              gangs.
Sec. 112. Additional resources needed by the Federal Bureau of 
              Investigation to investigate and prosecute violent 
              criminal street gangs.
Sec. 113. Grants to State and local prosecutors to combat violent crime 
              and to protect witnesses and victims of crimes.
Sec. 114. Reauthorize the gang resistance education and training 
              projects program.

  TITLE II--VIOLENT CRIME REFORMS NEEDED TO DETER AND PREVENT ILLEGAL 
                               GANG CRIME

Sec. 201. Multiple interstate murder.
Sec. 202. Expansion of rebuttable presumption against release of 
              persons charged with firearms offenses.
Sec. 203. Venue in capital cases.
Sec. 204. Statute of limitations for violent crime.
Sec. 205. Predicate crimes for authorization of interception of wire, 
              oral, and electronic communications.
Sec. 206. Clarification to hearsay exception for forfeiture by 
              wrongdoing.
Sec. 207. Clarification of venue for retaliation against a witness.
Sec. 208. Amendment of sentencing guidelines relating to certain gang 
              and violent crimes.
Sec. 209. Increased penalties for criminal use of firearms in crimes of 
              violence and drug trafficking.
Sec. 210. Possession of firearms by dangerous felons.
Sec. 211. Conforming amendment.

         TITLE III--JUVENILE CRIME REFORM FOR VIOLENT OFFENDERS

Sec. 301. Treatment of Federal juvenile offenders.
Sec. 302. Notification after arrest.
Sec. 303. Release and detention prior to disposition.
Sec. 304. Speedy trial.
Sec. 305. Federal sentencing guidelines.

              TITLE I--CRIMINAL STREET GANG ABATEMENT ACT

     SEC. 100. FINDINGS.

       Congress finds that--
       (1) violent crime and drug trafficking are pervasive 
     problems at the national, State, and local level;
       (2) the crime rate is exacerbated by the association of 
     persons in gangs to commit acts of violence and drug 
     offenses;
       (3) according to the most recent National Drug Threat 
     Assessment, criminal street gangs are responsible for the 
     distribution of much of the cocaine, methamphetamine, heroin, 
     and other illegal drugs being distributed in rural and urban 
     communities throughout the United States;
       (4) gangs commit acts of violence or drug offenses for 
     numerous motives, such as membership in or loyalty to the 
     gang, for protecting gang territory, and for profit;
       (5) gang presence has a pernicious effect on the free flow 
     of commerce in local businesses and directly affects the 
     freedom and security of communities plagued by gang activity;
       (6) gangs often recruit and utilize minors to engage in 
     acts of violence and other serious offenses out of a belief 
     that the criminal justice systems are more lenient on 
     juvenile offenders;
       (7) gangs often intimidate and threaten witnesses to 
     prevent successful prosecutions;
       (8) gang recruitment can be deterred through increased 
     vigilance, strong criminal penalties, equal partnerships with 
     State and local law enforcement, and proactive intervention 
     efforts, particularly targeted at juveniles, prior to gang 
     involvement;
       (9) State and local prosecutors, in hearings before the 
     Committee on the Judiciary of the Senate, enlisted the help 
     of Congress in the prevention, investigation, and prosecution 
     of gang crimes and in the protection of witnesses and victims 
     of gang crimes; and
       (10) because State and local prosecutors and law 
     enforcement have the expertise, experience, and connection to 
     the community that is needed to combat gang violence, 
     consultation and coordination between Federal, State, and 
     local law enforcement is critical to the successful 
     prosecutions of criminal street gangs.

 Subtitle A--Criminal Law Reforms and Enhanced Penalties To Deter and 
                  Punish Illegal Street Gang Activity

     SEC. 101. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL 
                   STREET GANG ACTIVITY.

       Chapter 26 of title 18, United States Code, is amended by 
     adding at the end the following:

     ``Sec. 522. Recruitment of persons to participate in a 
       criminal street gang

       ``(a) Prohibited Acts.--It shall be unlawful for any person 
     to recruit, employ, solicit, induce, command, or cause 
     another person to be or remain as a member of a criminal 
     street gang, or conspire to do so, with the intent to cause 
     that person to participate in an offense described in section 
     521(a).
       ``(b) Definition.--In this section:
       ``(1) Criminal street gang.--The term `criminal street 
     gang' shall have the same meaning as in section 521(a) of 
     this title.
       ``(2) Minor.--The term `minor' means a person who is less 
     than 18 years of age.
       ``(c) Penalties.--Any person who violates subsection (a) 
     shall--
       ``(1) be imprisoned not more than 5 years, fined under this 
     title, or both; or
       ``(2) if the person recruited, solicited, induced, 
     commanded, or caused to participate or remain in a criminal 
     street gang is under the age of 18--

[[Page 687]]

       ``(A) be imprisoned for not more than 10 years, fined under 
     this title, or both; and
       ``(B) at the discretion of the sentencing judge, be liable 
     for any costs incurred by the Federal Government, or by any 
     State or local government, for housing, maintaining, and 
     treating the person until the person attains the age of 18 
     years.''.

     SEC. 102. CRIMINAL STREET GANGS.

       (a) Criminal Street Gang Prosecutions.--Section 521 of 
     title 18, United States Code, is amended to read as follows:

     ``Sec. 521. Criminal street gang prosecutions

       ``(a) Definitions.--As used in this chapter:
       ``(1) Criminal street gang.--The term `criminal street 
     gang' means a formal or informal group, club, organization, 
     or association of 3 or more individuals, who individually, 
     jointly, or in combination, have committed or attempted to 
     commit for the direct or indirect benefit of, at the 
     direction of, in furtherance of, or in association with the 
     group, club organization, or association at least 2 separate 
     acts, each of which is a predicate gang crime, 1 of which 
     occurs after the date of enactment of the Gang Prevention and 
     Effective Deterrence Act of 2004 and the last of which occurs 
     not later than 10 years (excluding any period of 
     imprisonment) after the commission of a prior predicate gang 
     crime, and 1 predicate gang crime is a crime of violence or 
     involves manufacturing, importing, distributing, possessing 
     with intent to distribute, or otherwise dealing in a 
     controlled substance or listed chemicals (as those terms are 
     defined in section 102 of the Controlled Substances Act (21 
     U.S.C. 802)) provided that the activities of the criminal 
     street gang affect interstate or foreign commerce, or involve 
     the use of any facility of, or travel in, interstate or 
     foreign commerce.
       ``(2) Predicate gang crime.--The term `predicate gang 
     crime' means--
       ``(A) any act, threat, conspiracy, or attempted act, which 
     is chargeable under Federal or State law and punishable by 
     imprisonment for more than 1 year involving--
       ``(i) murder;
       ``(ii) manslaughter;
       ``(iii) maiming;
       ``(iv) assault with a dangerous weapon;
       ``(v) assault resulting in serious bodily injury;
       ``(vi) gambling;
       ``(vii) kidnapping;
       ``(viii) robbery;
       ``(ix) extortion;
       ``(x) arson;
       ``(xi) obstruction of justice;
       ``(xii) tampering with or retaliating against a witness, 
     victim, or informant;
       ``(xiii) burglary;
       ``(xiv) sexual assault (which means any offense that 
     involves conduct that would violate chapter 109A if the 
     conduct occurred in the special maritime and territorial 
     jurisdiction);
       ``(xv) carjacking; or
       ``(xvi) manufacturing, importing, distributing, possessing 
     with intent to distribute, or otherwise dealing in a 
     controlled substance or listed chemicals (as those terms are 
     defined in section 102 of the Controlled Substances Act (21 
     U.S.C. 802));
       ``(B) any act punishable by imprisonment for more than 1 
     year under--
       ``(i) section 844 (relating to explosive materials);
       ``(ii) section 922(g)(1) (where the underlying conviction 
     is a violent felony (as defined in section 924(e)(2)(B) of 
     this title) or is a serious drug offense (as defined in 
     section 924(e)(2)(A) of this title));
       ``(iii) subsection (a)(2), (b), (c), (g), or (h) of section 
     924 (relating to receipt, possession, and transfer of 
     firearms);
       ``(iv) sections 1028 and 1029 (relating to fraud and 
     related activity in connection with identification documents 
     or access devices);
       ``(v) section 1503 (relating to obstruction of justice);
       ``(vi) section 1510 (relating to obstruction of criminal 
     investigations);
       ``(vii) section 1512 (relating to tampering with a witness, 
     victim, or informant), or section 1513 (relating to 
     retaliating against a witness, victim, or informant);
       ``(viii) section 1708 (relating to theft of stolen mail 
     matter);
       ``(ix) section 1951 (relating to interference with 
     commerce, robbery or extortion);
       ``(x) section 1952 (relating to racketeering);
       ``(xi) section 1956 (relating to the laundering of monetary 
     instruments);
       ``(xii) section 1957 (relating to engaging in monetary 
     transactions in property derived from specified unlawful 
     activity);
       ``(xiii) section 1958 (relating to use of interstate 
     commerce facilities in the commission of murder-for-hire); or
       ``(xiv) sections 2312 through 2315 (relating to interstate 
     transportation of stolen motor vehicles or stolen property); 
     or
       ``(C) any act involving the Immigration and Nationality 
     Act, section 274 (relating to bringing in and harboring 
     certain aliens), section 277 (relating to aiding or assisting 
     certain aliens to enter the United States), or section 278 
     (relating to importation of alien for immoral purpose).
       ``(3) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, and 
     any commonwealth, territory, or possession of the United 
     States.
       ``(b) Participation in Criminal Street Gangs.--It shall be 
     unlawful--
       ``(1) to commit, or conspire or attempt to commit a 
     predicate crime--
       ``(A) in furtherance or in aid of the activities of a 
     criminal street gang;
       ``(B) for the purpose of gaining entrance to or maintaining 
     or increasing position in such a gang; or
       ``(C) for the direct or indirect benefit of the criminal 
     street gang, or in association with the criminal street gang; 
     or
       ``(2) to employ, use, command, counsel, persuade, induce, 
     entice, or coerce any individual to commit, cause to commit, 
     or facilitate the commission of, a predicate gang crime--
       ``(A) in furtherance or in aid of the activities of a 
     criminal street gang;
       ``(B) for the purpose of gaining entrance to or maintaining 
     or increasing position in such a gang; or
       ``(C) for the direct or indirect benefit or the criminal 
     street gang, or in association with the criminal street gang.
       ``(c) Penalties.--Whoever violates paragraph (1) or (2) of 
     subsection (b)--
       ``(1) shall be fined under this title, imprisoned for not 
     more than 30 years, or both; and
       ``(2) if the violation is based on a predicate gang crime 
     for which the maximum penalty includes life imprisonment, 
     shall be fined under this title, imprisoned for any term of 
     years or for life, or both.
       ``(d) Forfeiture.--
       ``(1) In general.--The court, in imposing sentence on a 
     person who is convicted of an offense under this section, 
     shall order that the defendant forfeit to the United States--
       ``(A) any property, real or personal, constituting or 
     traceable to gross proceeds obtained from such offense; and
       ``(B) any property used or intended to be used, in any 
     manner or part, to commit or to facilitate the commission of 
     such violation.
       ``(2) Criminal procedures.--The procedures set forth in 
     section 413 of the Controlled Substances Act (21 U.S.C. 853), 
     other than subsection (d) of that section, and in rule 32.2 
     of the Federal Rules of Criminal Procedure, shall apply to 
     all stages of a criminal forfeiture proceeding under this 
     section.
       ``(3) Civil procedures.--Property subject to forfeiture 
     under paragraph (1) may be forfeited in a civil case pursuant 
     to the procedures set forth in chapter 46 of this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 26 of title 18, United States Code, is 
     amended to read as follows:
``521. Criminal street gang prosecutions.''.

     SEC. 103. VIOLENT CRIMES IN FURTHERANCE OR IN AID OF CRIMINAL 
                   STREET GANGS.

       (a) Violent Crimes and Criminal Street Gang Recruitment.--
     Chapter 26 of title 18, United States Code, as amended by 
     section 101, is amended by adding at the end the following:

     ``Sec. 523. Violent crimes in furtherance or in aid of a 
       criminal street gang

       ``(a) Any person who, for the purpose of gaining entrance 
     to or maintaining or increasing position in, or in 
     furtherance or in aid of, or for the direct or indirect 
     benefit of, or in association with a criminal street gang, or 
     as consideration for the receipt of, or as consideration for 
     a promise or agreement to pay, anything of pecuniary value to 
     or from a criminal street gang, murders, kidnaps, sexually 
     assaults (which means any offense that involved conduct that 
     would violate chapter 109A if the conduct occurred in the 
     special maritime and territorial jurisdiction), maims, 
     assaults with a dangerous weapon, commits assault resulting 
     in serious bodily injury upon, commits any other crime of 
     violence or threatens to commit a crime of violence against 
     any individual, or attempts or conspires to do so, shall be 
     punished, in addition and consecutive to the punishment 
     provided for any other violation of this chapter--
       ``(1) for murder, by death or imprisonment for any term of 
     years or for life, a fine under this title, or both;
       ``(2) for kidnapping or sexual assault, by imprisonment for 
     any term of years or for life, a fine under this title, or 
     both;
       ``(3) for maiming, by imprisonment for any term of years or 
     for life, a fine under this title, or both;
       ``(4) for assault with a dangerous weapon or assault 
     resulting in serious bodily injury, by imprisonment for not 
     more than 30 years, a fine under this title, or both;
       ``(5) for any other crime of violence, by imprisonment for 
     not more than 20 years, a fine under this title, or both;
       ``(6) for threatening to commit a crime of violence 
     specified in paragraphs (1) through (4), by imprisonment for 
     not more than 10 years, a fine under this title, or both;
       ``(7) for attempting or conspiring to commit murder, 
     kidnapping, maiming, or sexual assault, by imprisonment for 
     not more than 30 years, a fine under this title, or both; and
       ``(8) for attempting or conspiring to commit a crime 
     involving assault with a dangerous weapon or assault 
     resulting in serious bodily injury, by imprisonment for not 
     more than 20 years, a fine under this title, or both.
       ``(b) Definition.--In this section, the term `criminal 
     street gang' has the same meaning as in section 521 of this 
     title.''.

[[Page 688]]

       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 26 of title 18, United States Code, is 
     amended by adding at the end the following:
``522. Recruitment of persons to participate in a criminal street gang.
``523. Violent crimes in furtherance of a criminal street gang.''.

     SEC. 104. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN 
                   AID OF RACKETEERING ENTERPRISES AND CRIMINAL 
                   STREET GANGS.

       Section 1952 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``and thereafter performs or attempts to 
     perform'' and inserting ``and thereafter performs, or 
     attempts or conspires to perform'';
       (B) by striking ``5 years'' and inserting ``10 years''; and
       (C) by inserting ``punished by death or'' after ``if death 
     results shall be'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively;
       (3) by inserting after subsection (a) the following:
       ``(b) Whoever travels in interstate or foreign commerce or 
     uses the mail or any facility in interstate or foreign 
     commerce, with the intent to kill, assault, bribe, force, 
     intimidate, or threaten any person, to delay or influence the 
     testimony of, or prevent from testifying, a witness in a 
     State criminal proceeding and thereafter performs, or 
     attempts or conspires to perform, an act described in this 
     subsection, shall--
       ``(1) be fined under this title, imprisoned for any term of 
     years, or both; and
       ``(2) if death results, be punished by death or 
     imprisonment for any term of years or for life.''; and
       (4) in subsection (c)(2), as redesignated under 
     subparagraph (B), by inserting ``intimidation of, or 
     retaliation against, a witness, victim, juror, or 
     informant,'' after ``extortion, bribery,''.

     SEC. 105. AMENDMENTS RELATING TO VIOLENT CRIME IN AREAS OF 
                   EXCLUSIVE FEDERAL JURISDICTION.

       (a) Assault Within Maritime and Territorial Jurisdiction of 
     United States.--Section 113(a)(3) of title 18, United States 
     Code, is amended by striking ``with intent to do bodily harm, 
     and without just cause or excuse,''.
       (b) Manslaughter.--Section 1112(b) of title 18, United 
     States Code, is amended by--
       (1) striking ``ten years'' and inserting ``20 years''; and
       (2) striking ``six years'' and inserting ``10 years''.
       (c) Offenses Committed Within Indian Country.--Section 
     1153(a) of title 18, United States Code, is amended by 
     inserting ``an offense for which the maximum statutory term 
     of imprisonment under section 1363 is greater than 5 years,'' 
     after ``a felony under chapter 109A,''.
       (d) Racketeer Influenced and Corrupt Organizations.--
     Section 1961(1) of title 18, United States Code, is amended--
       (1) in subparagraph (A), by inserting ``, or would have 
     been so chargeable if the act or threat (other than lawful 
     forms of gambling) had not been committed in Indian country 
     (as defined in section 1151) or in any other area of 
     exclusive Federal jurisdiction,'' after ``chargeable under 
     State law''; and
       (2) in subparagraph (B), by inserting ``section 1123 
     (relating to multiple interstate murder),'' after ``section 
     1084 (relating to the transmission of wagering 
     information),''.
       (e) Carjacking.--Section 2119 of title 18, United States 
     Code, is amended by striking ``, with the intent to cause 
     death or serious bodily harm''.
       (f) Clarification of Illegal Gun Transfers To Commit Drug 
     Trafficking Crime or Crimes of Violence.--Section 924(h) of 
     title 18, United States Code, is amended to read as follows:
       ``(h) Illegal Transfers.--Whoever knowingly transfers a 
     firearm, knowing that the firearm will be used to commit, or 
     possessed in furtherance of, a crime of violence (as defined 
     in subsection (c)(3)) or drug trafficking crime (as defined 
     in subsection (c)(2)), shall be imprisoned for not more than 
     10 years, fined under this title, or both.''.
       (g) Amendment of Special Sentencing Provision.--Section 
     3582(d) of title 18, United States Code, is amended--
       (1) by striking ``chapter 95 (racketeering) or 96 
     (racketeer influenced and corrupt organizations) of this 
     title'' and inserting ``section 521 (criminal street gangs) 
     or 522 (violent crimes in furtherance or in aid of criminal 
     street gangs), in chapter 95 (racketeering) or 96 (racketeer 
     influenced and corrupt organizations),''; and
       (2) by inserting ``a criminal street gang or'' before ``an 
     illegal enterprise''.
       (h) Conforming Amendment Relating to Orders for 
     Restitution.--Section 3663(c)(4) of title 18, United States 
     Code, is amended by striking ``chapter 46 or chapter 96 of 
     this title'' and inserting ``section 521, under chapter 46 or 
     96,''.
       (i) Special Provision for Indian Country.--No person 
     subject to the criminal jurisdiction of an Indian tribal 
     government shall be subject to section 3559(e) of title 18, 
     United States Code, for any offense for which Federal 
     jurisdiction is solely predicated on Indian country (as 
     defined in section 1151 of such title 18) and which occurs 
     within the boundaries of such Indian country unless the 
     governing body of such Indian tribe elects to subject the 
     persons under the criminal jurisdiction of the tribe to 
     section 3559(e) of such title 18.

     SEC. 106. INCREASED PENALTIES FOR USE OF INTERSTATE COMMERCE 
                   FACILITIES IN THE COMMISSION OF MURDER-FOR-HIRE 
                   AND OTHER FELONY CRIMES OF VIOLENCE.

       Section 1958 of title 18, United States Code, is amended--
       (1) by striking the header and inserting the following:

     ``Sec. 1958. Use of interstate commerce facilities in the 
       Commission of murder-for-hire and other felony crimes of 
       violence''

     ; and
       (2) by amending subsection (a) to read as follows:
       ``(a) Any person who travels in or causes another 
     (including the intended victim) to travel in interstate or 
     foreign commerce, or uses or causes another (including the 
     intended victim) to use the mail or any facility in 
     interstate or foreign commerce, with intent that a murder or 
     other felony crime of violence be committed in violation of 
     the laws of any State or the United States as consideration 
     for the receipt of, or as consideration for a promise or 
     agreement to pay, anything of pecuniary value, or who 
     conspires to do so--
       ``(1) may be fined under this title and shall be imprisoned 
     not more than 20 years;
       ``(2) if personal injury results, may be fined under this 
     title and shall be imprisoned for not more than 30 years; and
       ``(3) if death results, may be fined not more than 
     $250,000, and shall be punished by death or imprisoned for 
     any term of years or for life, or both.''.

     SEC. 107. INCREASED PENALTIES FOR VIOLENT CRIMES IN AID OF 
                   RACKETEERING ACTIVITY.

       Section 1959(a) of title 18, United States Code, is amended 
     to read as follows:
       ``(a) Any person who, as consideration for the receipt of, 
     or as consideration for a promise or agreement to pay, 
     anything of pecuniary value from an enterprise engaged in 
     racketeering activity, or for the purpose of gaining entrance 
     to or maintaining or increasing position in an enterprise 
     engaged in racketeering activity, or in furtherance or in aid 
     of an enterprise engaged in racketeering activity, murders, 
     kidnaps, sexually assaults (which means any offense that 
     involved conduct that would violate chapter 109A if the 
     conduct occurred in the special maritime and territorial 
     jurisdiction), maims, assaults with a dangerous weapon, 
     commits assault resulting in serious bodily injury upon, or 
     threatens to commit a crime of violence against any 
     individual in violation of the laws of any State or the 
     United States, or attempts or conspires to do so, shall be 
     punished, in addition and consecutive to the punishment 
     provided for any other violation of this chapter--
       ``(1) for murder, by death or imprisonment for any term of 
     years or for life, a fine under this title, or both;
       ``(2) for kidnapping or sexual assault, by imprisonment for 
     any term of years or for life, a fine under this title, or 
     both;
       ``(3) for maiming, by imprisonment for any term of years or 
     for life, a fine under this title, or both;
       ``(4) for assault with a dangerous weapon or assault 
     resulting in serious bodily injury, by imprisonment for not 
     more than 30 years, a fine under this title, or both;
       ``(5) for threatening to commit a crime of violence, by 
     imprisonment for not more than 10 years, a fine under this 
     title, or both;
       ``(6) for attempting or conspiring to commit murder, 
     kidnapping, maiming, or sexual assault, by imprisonment for 
     not more than 30 years, a fine under this title, or both; and
       ``(7) for attempting or conspiring to commit assault with a 
     dangerous weapon or assault which would result in serious 
     bodily injury, by imprisonment for not more than 20 years, a 
     fine under this title, or both.''.

     SEC. 108. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING 
                   AND IN RELATION TO A DRUG TRAFFICKING CRIME.

       (a) In General.--Part D of the Controlled Substances Act 
     (21 U.S.C. 841 et seq.) is amended by adding at the end the 
     following:


``MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN RELATION TO A 
                        DRUG TRAFFICKING CRIME.

       ``Sec. 424. (a) In General.--Any person who, during and in 
     relation to any drug trafficking crime, murders, kidnaps, 
     sexually assaults (which means any offense that involved 
     conduct that would violate chapter 109A if the conduct 
     occurred in the special maritime and territorial 
     jurisdiction), maims, assaults with a dangerous weapon, 
     commits assault resulting in serious bodily injury upon, 
     commits any other crime of violence or threatens to commit a 
     crime of violence against, any individual, or attempts or 
     conspires to do so, shall be punished, in addition and 
     consecutive to the punishment provided for the drug 
     trafficking crime--
       ``(1) in the case of murder, by death or imprisonment for 
     any term of years or for life, a fine under title 18, United 
     States Code, or both;
       ``(2) in the case of kidnapping or sexual assault by 
     imprisonment for any term of years or for life, a fine under 
     such title 18, or both;

[[Page 689]]

       ``(3) in the case of maiming, by imprisonment for any term 
     of years or for life, a fine under such title 18, or both;
       ``(4) in the case of assault with a dangerous weapon or 
     assault resulting in serious bodily injury, by imprisonment 
     not more than 30 years, a fine under such title 18, or both;
       ``(5) in the case of committing any other crime of 
     violence, by imprisonment for not more than 20 years, a fine 
     under this title, or both;
       ``(6) in the case of threatening to commit a crime of 
     violence specified in paragraphs (1) through (4), by 
     imprisonment for not more than 10 years, a fine under such 
     title 18, or both;
       ``(7) in the case of attempting or conspiring to commit 
     murder, kidnapping, maiming, or sexual assault, by 
     imprisonment for not more than 30 years, a fine under such 
     title 18, or both; and
       ``(8) in the case of attempting or conspiring to commit a 
     crime involving assault with a dangerous weapon or assault 
     resulting in serious bodily injury, by imprisonment for not 
     more than 20 years, a fine under such title 18, or both.
       ``(b) Venue.--A prosecution for a violation of this section 
     may be brought in--
       ``(1) the judicial district in which the murder or other 
     crime of violence occurred; or
       ``(2) any judicial district in which the drug trafficking 
     crime may be prosecuted.
       ``(c) Applicable Death Penalty Procedures.--A defendant who 
     has been found guilty of an offense under this section for 
     which a sentence of death is provided shall be subject to the 
     provisions of chapter 228 of title 18, United States Code.
       ``(d) Definitions.--As used in this section--
       ``(1) the term `crime of violence' has the meaning given 
     that term in section 16 of title 18, United States Code; and
       ``(2) the term `drug trafficking crime' has the meaning 
     given that term in section 924(c)(2) of title 18, United 
     States Code.''.
       (b) Clerical Amendment.--The table of contents for the 
     Controlled Substances Act is amended by inserting after the 
     item relating to section 423, the following:
``Sec. 424. Murder and other violent crimes committed during and in 
              relation to a drug trafficking crime.''.

Subtitle B--Increased Federal Resources To Suppress, Deter, and Prevent 
            At-Risk Youth From Joining Illegal Street Gangs

     SEC. 110. DESIGNATION OF AND ASSISTANCE FOR ``HIGH 
                   INTENSITY'' INTERSTATE GANG ACTIVITY AREAS.

       (a) Definitions.--In this section the following definitions 
     shall apply:
       (1) Governor.--The term ``Governor'' means a Governor of a 
     State or the Mayor of the District of Columbia.
       (2) High intensity interstate gang activity area.--The term 
     ``high intensity interstate gang activity area'' means an 
     area within a State that is designated as a high intensity 
     interstate gang activity area under subsection (b)(1).
       (3) State.--The term ``State'' means a State of the United 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States. The term 
     ``State'' shall include an ``Indian tribe'', as defined by 
     section 102 of the Federally Recognized Indian Tribe List Act 
     of 1994 (25 U.S.C. 479a).
       (b) High Intensity Interstate Gang Activity Areas.--
       (1) Designation.--The Attorney General, after consultation 
     with the Governors of appropriate States, may designate as 
     high intensity interstate gang activity areas, specific areas 
     that are located within 1 or more States. To the extent that 
     the goals of a high intensity interstate gang activity area 
     (HIIGAA) overlap with the goals of a high intensity drug 
     trafficking area (HIDTA), the Attorney General may merge the 
     2 areas to serve as a dual-purpose entity. The Attorney 
     General may not make the final designation of a high 
     intensity interstate gang activity area without first 
     consulting with and receiving comment from local elected 
     officials representing communities within the State of the 
     proposed designation.
       (2) Assistance.--In order to provide Federal assistance to 
     high intensity interstate gang activity areas, the Attorney 
     General shall--
       (A) establish criminal street gang enforcement teams, 
     consisting of Federal, State, and local law enforcement 
     authorities, for the coordinated investigation, disruption, 
     apprehension, and prosecution of criminal street gangs and 
     offenders in each high intensity interstate gang activity 
     area;
       (B) direct the reassignment or detailing from any Federal 
     department or agency (subject to the approval of the head of 
     that department or agency, in the case of a department or 
     agency other than the Department of Justice) of personnel to 
     each criminal street gang enforcement team; and
       (C) provide all necessary funding for the operation of the 
     criminal street gang enforcement team in each high intensity 
     interstate gang activity area.
       (3) Composition of criminal street gang enforcement team.--
     The team established pursuant to paragraph (2)(A) shall 
     consist of agents and officers, where feasible, from--
       (A) the Bureau of Alcohol, Tobacco, Firearms, and 
     Explosives;
       (B) the Department of Homeland Security;
       (C) the Department of Housing and Urban Development;
       (D) the Drug Enforcement Administration;
       (E) the Internal Revenue Service;
       (F) the Federal Bureau of Investigation;
       (G) the United States Marshal's Service;
       (H) the United States Postal Service;
       (I) State and local law enforcement; and
       (J) Federal, State and local prosecutors.
       (4) Criteria for designation.--In considering an area for 
     designation as a high intensity interstate gang activity area 
     under this section, the Attorney General shall consider--
       (A) the current and predicted levels of gang crime activity 
     in the area;
       (B) the extent to which violent crime in the area appears 
     to be related to criminal street gang activity, such as drug 
     trafficking, murder, robbery, assaults, carjacking, arson, 
     kidnapping, extortion, and other criminal activity;
       (C) the extent to which State and local law enforcement 
     agencies have committed resources to--
       (i) respond to the gang crime problem; and
       (ii) participate in a gang enforcement team;
       (D) the extent to which a significant increase in the 
     allocation of Federal resources would enhance local response 
     to the gang crime activities in the area; and
       (E) any other criteria that the Attorney General considers 
     to be appropriate.
       (c) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     $100,000,000 for each of the fiscal years 2005 to 2009 to 
     carry out this section.
       (2) Use of funds.--Of amounts made available under 
     paragraph (1) in each fiscal year--
       (A) 50 percent shall be used to carry out subsection 
     (b)(2); and
       (B) 50 percent shall be used to make grants available for 
     community-based programs to provide crime prevention, 
     research, and intervention services that are designed for 
     gang members and at-risk youth in areas designated pursuant 
     to this section as high intensity interstate gang activity 
     areas.
       (3) Reporting requirements.--By February 1st of each year, 
     the Attorney General shall provide a report to Congress which 
     describes, for each designated high intensity interstate gang 
     activity area--
       (A) the specific long-term and short-term goals and 
     objectives;
       (B) the measurements used to evaluate the performance of 
     the high intensity interstate gang activity area in achieving 
     the long-term and short-term goals;
       (C) the age, composition, and membership of ``gangs'';
       (D) the number and nature of crimes committed by ``gangs''; 
     and
       (E) the definition of the term ``gang'' used to compile 
     this report.

     SEC. 111. ENHANCEMENT OF PROJECT SAFE NEIGHBORHOODS 
                   INITIATIVE TO IMPROVE ENFORCEMENT OF CRIMINAL 
                   LAWS AGAINST VIOLENT GANGS.

       (a) In General.--While maintaining the focus of Project 
     Safe Neighborhoods as a comprehensive, strategic approach to 
     reducing gun violence in America, the Attorney General is 
     authorized to expand the Project Safe Neighborhoods program 
     to require each United States attorney to--
       (1) identify, investigate, and prosecute significant 
     criminal street gangs operating within their district;
       (2) coordinate the identification, investigation, and 
     prosecution of criminal street gangs among Federal, State, 
     and local law enforcement agencies; and
       (3) coordinate and establish criminal street gang 
     enforcement teams, established under section 110(b), in high 
     intensity interstate gang activity areas within a United 
     States attorney's district.
       (b) Additional Staff for Project Safe Neighborhoods.--
       (1) In general.--The Attorney General may hire Assistant 
     United States attorneys, non-attorney coordinators, or 
     paralegals to carry out the provisions of this section.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated $7,500,000 for each of the fiscal years 
     2005 through 2009 to carry out this section.

     SEC. 112. ADDITIONAL RESOURCES NEEDED BY THE FEDERAL BUREAU 
                   OF INVESTIGATION TO INVESTIGATE AND PROSECUTE 
                   VIOLENT CRIMINAL STREET GANGS.

       (a) Responsibilities of Attorney General.--The Attorney 
     General is authorized to require the Federal Bureau of 
     Investigation to--
       (1) increase funding for the Safe Streets Program; and
       (2) support the criminal street gang enforcement teams, 
     established under section 110(b), in designated high 
     intensity interstate gang activity areas.
       (b) Authorization of Appropriations.--
       (1) In general.--In addition to amounts otherwise 
     authorized, there are authorized to be appropriated to the 
     Attorney General $5,000,000 for each of the fiscal years 2005 
     through 2009 to carry out the Safe Streets Program.
       (2) Availability.--Any amounts appropriated pursuant to 
     paragraph (1) shall remain available until expended.

[[Page 690]]



     SEC. 113. GRANTS TO PROSECUTORS AND LAW ENFORCEMENT TO COMBAT 
                   VIOLENT CRIME AND TO PROTECT WITNESSES AND 
                   VICTIMS OF CRIMES.

       (a) In General.--Section 31702 of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 13862) is 
     amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(5) to hire additional prosecutors to--
       ``(A) allow more cases to be prosecuted; and
       ``(B) reduce backlogs;
       ``(6) to fund technology, equipment, and training for 
     prosecutors and law enforcement in order to increase accurate 
     identification of gang members and violent offenders, and to 
     maintain databases with such information to facilitate 
     coordination among law enforcement and prosecutors; and
       ``(7) to create and expand witness and victim protection 
     programs to prevent threats, intimidation, and retaliation 
     against victims of, and witnesses to, violent crimes.''.
       (b) Authorization of Appropriations.--Section 31707 of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 13867) is amended to read as follows:

     ``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     $20,000,000 for each of the fiscal years 2005 through 2009 to 
     carry out this subtitle.
       ``(b) Use of Funds.--Of the amounts made available under 
     subsection (a), in each fiscal year 60 percent shall be used 
     to carry out section 31702(7) to create and expand witness 
     and victim protection programs to prevent threats, 
     intimidation, and retaliation against victims of, and 
     witnesses to, violent crimes.''.

     SEC. 114. REAUTHORIZE THE GANG RESISTANCE EDUCATION AND 
                   TRAINING PROJECTS PROGRAM.

       Section 32401(b) of the Violent Crime Control Act of 1994 
     (42 U.S.C. 13921(b)) is amended by striking paragraphs (1) 
     through (6) and inserting the following:
       ``(1) $20,000,000 for fiscal year 2005;
       ``(2) $20,000,000 for fiscal year 2006;
       ``(3) $20,000,000 for fiscal year 2007;
       ``(4) $20,000,000 for fiscal year 2008; and
       ``(5) $20,000,000 for fiscal year 2009.''.

  TITLE II--VIOLENT CRIME REFORMS NEEDED TO DETER AND PREVENT ILLEGAL 
                               GANG CRIME

     SEC. 201. MULTIPLE INTERSTATE MURDER.

       Chapter 51 of title 18, United States Code, is amended by 
     adding at the end of the new section:

     ``Sec. 1123. Multiple murders in furtherance of common scheme 
       of purpose

       ``(a) In General.--Whoever, having committed murder in 
     violation of the laws of any State or the United States, 
     moves or travels in interstate or foreign commerce with the 
     intent to commit one or more murders in violation of the laws 
     of any State or the United States, and thereafter commits one 
     or more murders in violation of the laws of any State or the 
     United States in furtherance of a common scheme or purpose, 
     or who conspires to do so--
       ``(1) shall be fined under this title, imprisoned for not 
     more than 30 years, or both, for each murder; and
       ``(2) if death results, may be fined not more than $250,000 
     under this title, and shall be punished by death or 
     imprisoned for any term of years or for life for each murder.
       ``(b) Definition.--The term `State' means each of the 
     several States of the United States, the District of 
     Columbia, and any commonwealth, territory, or possession of 
     the United States.''.

     SEC. 202. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE 
                   OF PERSONS CHARGED WITH FIREARMS OFFENSES.

       Section 3142 of title 18, United States Code, is amended--
       (1) in subsection (e), in the matter following paragraph 
     (3)--
       (A) by inserting ``an offense under section 922(g)(1) where 
     the underlying conviction is a serious drug offense as 
     defined in section 924(e)(2)(A) of title 18, United States 
     Code, for which a period of not more than 10 years has 
     elapsed since the date of the conviction or the release of 
     the person from imprisonment, whichever is later, or is a 
     serious violent felony as defined in section 3559(c)(2)(F) of 
     title 18, United States Code,'' after ``that the person 
     committed''; and
       (B) by inserting ``or'' before ``the Maritime'';
       (2) in subsection (f)(1)--
       (A) in subparagraph (C), by striking ``or'' at the end; and
       (B) by adding at the end the following:
       ``(E) an offense under section 922(g); or''; and
       (3) in subsection (g), by amending paragraph (1) to read as 
     follows:
       ``(1) the nature and circumstances of the offense charged, 
     including whether the offense is a crime of violence, or 
     involves a drug, firearm, explosive, or destructive 
     devise;''.

     SEC. 203. VENUE IN CAPITAL CASES.

       Section 3235 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 3235. Venue in capital cases

       ``(a) The trial for any offense punishable by death shall 
     be held in the district where the offense was committed or in 
     any district in which the offense began, continued, or was 
     completed.
       ``(b) If the offense, or related conduct, under subsection 
     (a) involves activities which affect interstate or foreign 
     commerce, or the importation of an object or person into the 
     United States, such offense may be prosecuted in any district 
     in which those activities occurred.''.

     SEC. 204. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.

       (a) In General.--Chapter 214 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3297. Violent crime offenses

       ``Except as otherwise expressly provided by law, no person 
     shall be prosecuted, tried, or punished for any noncapital 
     felony, crime of violence (as defined in section 16), 
     including any racketeering activity or gang crime which 
     involves any violent crime, unless the indictment is found or 
     the information is instituted by the later of--
       ``(1) 10 years after the date on which the alleged 
     violation occurred;
       ``(2) 10 years after the date on which the continuing 
     offense was completed; or
       ``(3) 8 years after the date on which the alleged violation 
     was first discovered.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 214 of title 18, United States Code, is 
     amended by adding at the end the following:
``3296. Violent crime offenses.''.

     SEC. 205. PREDICATE CRIMES FOR AUTHORIZATION OF INTERCEPTION 
                   OF WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS.

       Section 2516(1) of title 18, United States Code, is 
     amended--
       (1) in paragraph (q), by striking ``or'.'';
       (2) by redesignating paragraph (r) as paragraph (u); and
       (3) by inserting after paragraph (q) the following:
       ``(r) any violation of section 424 of the Controlled 
     Substances Act (relating to murder and other violent crimes 
     in furtherance of a drug trafficking crime);
       ``(s) any violation of 1123 of title 18, United States Code 
     (relating to multiple interstate murder);
       ``(t) any violation of section 521, 522, or 523 (relating 
     to criminal street gangs); or''.

     SEC. 206. CLARIFICATION TO HEARSAY EXCEPTION FOR FORFEITURE 
                   BY WRONGDOING.

       Rule 804(b)(6) of the Federal Rules of Evidence is amended 
     to read as follows:
       ``(6) Forfeiture by wrongdoing. A statement offered against 
     a party that has engaged, acquiesced, or conspired, in 
     wrongdoing that was intended to, and did, procure the 
     unavailability of the declarant as a witness.''.

     SEC. 207. CLARIFICATION OF VENUE FOR RETALIATION AGAINST A 
                   WITNESS.

       Section 1513 of title 18, United States Code, is amended 
     by--
       (1) redesignating subsection (e) beginning with ``Whoever 
     conspires'' as subsection (f); and
       (2) adding at the end the following:
       ``(g) A prosecution under this section may be brought in 
     the district in which the official proceeding (whether or not 
     pending, about to be instituted or was completed) was 
     intended to be affected or was completed, or in which the 
     conduct constituting the alleged offense occurred.''.

     SEC. 208. AMENDMENT OF SENTENCING GUIDELINES RELATING TO 
                   CERTAIN GANG AND VIOLENT CRIMES.

       (a) Directive to the United States Sentencing Commission.--
     Pursuant to its authority under section 994(p) of title 28, 
     United States Code, and in accordance with this section, the 
     United States Sentencing Commission shall review and, if 
     appropriate, amend its guidelines and its policy statements 
     to conform to the provisions of title I and this title.
       (b) Requirements.--In carrying out this section, the 
     Sentencing Commission shall--
       (1) establish new guidelines and policy statements, as 
     warranted, in order to implement new or revised criminal 
     offenses created under this title;
       (2) ensure that the sentencing guidelines and policy 
     statements reflect the serious nature of the offenses and the 
     penalties set forth in this title, the growing incidence of 
     serious gang and violent crimes, and the need to modify the 
     sentencing guidelines and policy statements to deter, 
     prevent, and punish such offenses;
       (3) consider the extent to which the guidelines and policy 
     statements adequately address--
       (A) whether the guideline offense levels and enhancements 
     for gang and violent crimes--
       (i) are sufficient to deter and punish such offenses; and
       (ii) are adequate in view of the statutory increases in 
     penalties contained in the Act; and
       (B) whether any existing or new specific offense 
     characteristics should be added to reflect congressional 
     intent to increase gang

[[Page 691]]

     and violent crime penalties, punish offenders, and deter gang 
     and violent crime;
       (4) assure reasonable consistency with other relevant 
     directives and with other sentencing guidelines;
       (5) account for any additional aggravating or mitigating 
     circumstances that might justify exceptions to the generally 
     applicable sentencing ranges;
       (6) make any necessary conforming changes to the sentencing 
     guidelines; and
       (7) assure that the guidelines adequately meet the purposes 
     of sentencing under section 3553(a)(2) of title 18, United 
     States Code.

     SEC. 209. INCREASED PENALTIES FOR CRIMINAL USE OF FIREARMS IN 
                   CRIMES OF VIOLENCE AND DRUG TRAFFICKING.

       (a) In General.--Section 924(c)(1)(A) of title 18, United 
     States Code, is amended--
       (1) by striking ``shall'' and inserting ``or conspires to 
     commit any of the above acts, shall, for each instance in 
     which the firearm is used, carried, or possessed'';
       (2) in clause (i), by striking ``5 years'' and inserting 
     ``7 years''; and
       (3) by striking clause (ii).
       (b) Conforming Amendments.--Section 924 of title 18, United 
     States Code, is amended--
       (1) in subsection (c), by striking paragraph (4); and
       (2) by striking subsection (o).

     SEC. 210. POSSESSION OF FIREARMS BY DANGEROUS FELONS.

       (a) In General.--Section 924(e) of title 18, United States 
     Code, is amended to read as follows:
       ``(e)(1) In the case of a person who violates section 
     922(g) of this title and has previously been convicted by any 
     court referred to in section 922(g)(1) for a violent felony 
     or a serious drug offense shall--
       ``(A) in the case of 1 such prior conviction, where a 
     period of not more than 10 years has elapsed since the date 
     of conviction or release of the person from imprisonment for 
     that conviction, be subject to imprisonment for not more than 
     15 years, a fine under this title, or both;
       ``(B) in the case of 2 such prior convictions, committed on 
     occasions different from one another, and where a period of 
     not more than 10 years has elapsed since the date of 
     conviction or release of the person from imprisonment for 
     that conviction, be subject to imprisonment for not more than 
     20 years, a fine under this title, or both; and
       ``(C) in the case of 3 such prior convictions, committed on 
     occasions different from one another, be subject to 
     imprisonment for not less than 15 years, a fine under this 
     title, or both, and notwithstanding any other provision of 
     law, the court shall not suspend the sentence of, or grant a 
     probationary sentence to, such person with respect to the 
     conviction under section 922(g).
       ``(2) As used in this subsection--
       ``(A) the term `serious drug offense' means--
       ``(i) an offense under the Controlled Substances Act (21 
     U.S.C. 801 et seq.), the Controlled Substances Import and 
     Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law 
     Enforcement Act (46 U.S.C. App. 1901 et seq.), punishable by 
     a maximum term of imprisonment of not less than 10 years; or
       ``(ii) an offense under State law, involving manufacturing, 
     distributing, or possessing with intent to manufacture or 
     distribute, a controlled substance (as defined in section 102 
     of the Controlled Substances Act (21 U.S.C. 802)), punishable 
     by a maximum term of imprisonment of not less than 10 years;
       ``(B) the term `violent felony' means any crime punishable 
     by a term of imprisonment exceeding 1 year, or any act of 
     juvenile delinquency involving the use or carrying of a 
     firearm, knife, or destructive device that would be 
     punishable by a maximum term of imprisonment for such term if 
     committed by an adult, that--
       ``(i) has, as an element of the crime or act, the use, 
     attempted use, or threatened use of physical force against 
     the person of another; or
       ``(ii) is burglary, arson, or extortion, involves the use 
     of explosives, or otherwise involves conduct that presents a 
     serious potential risk of physical injury to another; and
       ``(C) the term `conviction' includes a finding that a 
     person has committed an act of juvenile delinquency involving 
     a violent felony.''.
       (b) Amendment to Sentencing Guidelines.--Pursuant to its 
     authority under section 994(p) of title 28, United States 
     Code, the United States Sentencing Commission shall amend the 
     Federal Sentencing Guidelines to provide for an appropriate 
     increase in the offense level for violations of section 
     922(g) of title 18, United States Code, in accordance with 
     section 924(e) of such title 18, as amended by subsection 
     (a).

     SEC. 211. CONFORMING AMENDMENT.

       The matter before paragraph (1) in section 922(d) of title 
     18, United States Code, is amended by inserting ``, 
     transfer,'' after ``sell''.

         TITLE III--JUVENILE CRIME REFORM FOR VIOLENT OFFENDERS

     SEC. 301. TREATMENT OF FEDERAL JUVENILE OFFENDERS.

       (a) In General.--Section 5032 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 5032. Delinquency proceedings in district courts; 
       juveniles tried as adults; transfer for criminal 
       prosecution

       ``(a) Delinquency Proceedings in District Courts.--
       ``(1) In general.--A juvenile alleged to have committed an 
     act of juvenile delinquency, other than a violation of law 
     committed within the special maritime and territorial 
     jurisdiction of the United States for which the maximum 
     authorized term of imprisonment does not exceed 6 months, 
     shall not be proceeded against in any court of the United 
     States unless the Attorney General, after investigation, 
     certifies to the appropriate district court of the United 
     States that--
       ``(A) the juvenile court or other appropriate court of a 
     State does not have jurisdiction or refuses to assume 
     jurisdiction over that juvenile with respect to such alleged 
     act of juvenile delinquency;
       ``(B) the State does not have available programs and 
     services adequate for the needs of juveniles; or
       ``(C) the offense charged is a crime of violence that is a 
     felony or an offense described in section 401 of the 
     Controlled Substances Act (21 U.S.C. 841), section 1002(a), 
     1003, 1005, 1009, or 1010(b) (1), (2), or (3) of the 
     Controlled Substances Import and Export Act (21 U.S.C. 
     952(a), 953, 955, 959, 960(b) (1), (2), (3)), section 922(x), 
     or section 924 (b), (g), or (h) of this title, and there is a 
     substantial Federal interest in the case or the offense to 
     warrant the exercise of Federal jurisdiction.
       ``(2) Failure to certify.--If the Attorney General does not 
     certify under paragraph (1), the juvenile shall be 
     surrendered to the appropriate legal authorities of such 
     State.
       ``(3) Federal proceedings.--If an alleged juvenile 
     delinquent is not surrendered to the authorities of a State 
     pursuant to this section, any proceedings against him shall 
     be in an appropriate district court of the United States. For 
     such purposes, the court may be convened at any time and 
     place within the district, in chambers or otherwise. The 
     Attorney General shall proceed by information or as 
     authorized under section 3401(g) of this title, and no 
     criminal prosecution shall be instituted for the alleged act 
     of juvenile delinquency except as provided below.
       ``(b) Transfer for Federal Criminal Prosecution.--
       ``(1) In general.--A juvenile who is alleged to have 
     committed an act of juvenile delinquency and who is not 
     surrendered to State authorities shall be proceeded against 
     under this chapter unless--
       ``(A) the juvenile has requested in writing upon advice of 
     counsel to be proceeded against as an adult;
       ``(B) with respect to a juvenile 15 years and older alleged 
     to have committed an act after his fifteenth birthday which 
     if committed by an adult would be a felony that is a crime of 
     violence or an offense described in section 401 of the 
     Controlled Substances Act (21 U.S.C. 841), or section 
     1002(a), 1005, or 1009 of the Controlled Substances Import 
     and Export Act (21 U.S.C. 952(a), 955, 959), or section 
     922(x) of this title, or in section 924 (b), (g), or (h) of 
     this title, the Attorney General makes a motion to transfer 
     the criminal prosecution on the basis of the alleged act in 
     the appropriate district court of the United States and the 
     court finds, after hearing, such transfer would be in the 
     interest of justice as provided in paragraph (2); or
       ``(C) with respect to a juvenile 13 years and older alleged 
     to have committed an act after his thirteenth birthday which 
     if committed by an adult would be a felony that is the crime 
     of violence under section 113 (a), (b), (c), 1111, 1113, or, 
     if the juvenile possessed a firearm during the offense, an 
     offense under section 2111, 2113, 2241(a), or 2241(c), the 
     Attorney General makes a motion to transfer the criminal 
     prosecution on the basis of the alleged act in the 
     appropriate district court of the United States and the court 
     finds, after hearing, such transfer would be in the interest 
     of justice as provided in paragraph (2).

     Notwithstanding sections 1152 and 1153, no person subject to 
     the criminal jurisdiction of an Indian tribal government 
     shall be subject to subparagraph (C) for any offense the 
     Federal jurisdiction for which is predicated solely on Indian 
     country (as defined in section 1151), and which has occurred 
     within the boundaries of such Indian country, unless the 
     governing body of the tribe has elected that the preceding 
     sentence have effect over land and persons subject to its 
     criminal jurisdiction.
       ``(2) Factors.--
       ``(A) In general.--Evidence of the following factors shall 
     be considered, and findings with regard to each factor shall 
     be made in the record, in assessing whether a transfer under 
     subparagraph (B) or (C) of paragraph (1), and paragraph (4) 
     of subsection (d), would be in the interest of justice:
       ``(i) The age and social background of the juvenile.
       ``(ii) The nature of the alleged offense, including the 
     extent to which the juvenile played a leadership role in an 
     organization, or otherwise influenced other persons to take 
     part in criminal activities.
       ``(iii) Whether prosecution of the juvenile as an adult 
     would protect public safety.
       ``(iv) The extent and nature of the juvenile's prior 
     delinquency record.

[[Page 692]]

       ``(v) The juvenile's present intellectual development and 
     psychological maturity.
       ``(vi) The nature of past treatment efforts and the 
     juvenile's response to such efforts.
       ``(vii) The availability of programs designed to treat the 
     juvenile's behavioral problems.
       ``(B) Nature of the offense.--In considering the nature of 
     the offense, as required by this paragraph, the court shall 
     consider the extent to which the juvenile played a leadership 
     role in an organization, or otherwise influenced other 
     persons to take part in criminal activities, involving the 
     use or distribution of controlled substances or firearms. 
     Such a factor, if found to exist, shall weigh in favor of a 
     transfer to adult status, but the absence of this factor 
     shall not preclude such a transfer.
       ``(C) Notice.--Reasonable notice of the transfer hearing 
     under subparagraph (B) or (C) of paragraph (1) shall be given 
     to the juvenile, the juvenile's parents, guardian, or 
     custodian and to the juvenile's counsel. The juvenile shall 
     be assisted by counsel during the transfer hearing, and at 
     every other critical stage of the proceedings.
       ``(c) Mandatory Transfer of Juvenile 16 or Older.--A 
     juvenile who is alleged to have committed an act on or after 
     his sixteenth birthday, which if committed by an adult would 
     be a felony offense, that has an element thereof the use, 
     attempted use, or threatened use of physical force against 
     the person of another, or that, by its very nature, involves 
     a substantial risk that physical force against the person of 
     another, may be used in committing the offense or would be an 
     offense described in section 32, 81, or 2275 or subsection 
     (d), (e), (f), (h), or (i) of section 844 of this title, 
     subsection (d) or (e) or subparagraphs (A), (B), (C), (D), or 
     (E) of subsection (b)(1) of section 401 of the Controlled 
     Substances Act, or section 1002(a), 1003, or 1009, or 
     paragraphs (1), (2), or (3) of section 1010(b) of the 
     Controlled Substances Import and Export Act (21 U.S.C. 
     952(a), 953, 959, 960(b) (1), (2), and (3)), and who has 
     previously been found guilty of an act which if committed by 
     an adult would have been one of the offenses set forth in 
     this subsection or subsection (b), or an offense in violation 
     of a State felony statute that would have been such an 
     offense if a circumstance giving rise to Federal jurisdiction 
     had existed, shall be transferred, upon notification by the 
     United States, to the appropriate district court of the 
     United States for criminal prosecution.
       ``(d) Sixteen and Seventeen Year Olds Charged With the Most 
     Serious Violent Felonies.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, a juvenile may be prosecuted as an adult if the juvenile 
     is alleged to have committed, conspired, solicited or 
     attempted to commit, on or after the day the juvenile attains 
     the age of 16 any offense involving--
       ``(A) murder;
       ``(B) manslaughter;
       ``(C) assault with intent to commit murder;
       ``(D) sexual assault (which means any offense that involves 
     conduct that would violate chapter 109A if the conduct 
     occurred in the special maritime and territorial 
     jurisdiction);
       ``(E) robbery (as described in section 2111, 2113, or 
     2118);
       ``(F) carjacking with a dangerous weapon;
       ``(G) extortion;
       ``(H) arson;
       ``(I) firearms use;
       ``(J) firearms possession (as described in section 924(c);
       ``(K) drive-by shooting;
       ``(L) kidnapping;
       ``(M) maiming;
       ``(N) assault resulting in serious bodily injury; or
       ``(O) obstruction of justice (as described in 1512(a)(1)) 
     on or after the day the juvenile attains the age of 16.
       ``(2) Other offenses.--In a prosecution under this 
     subsection the juvenile may be prosecuted and convicted as an 
     adult for any other offense which is properly joined under 
     the Federal Rules of Criminal Procedure, and may also be 
     convicted as an adult of a lesser included offense.
       ``(3) Reviewability.--Except as otherwise provided by this 
     subsection, a determination to approve or not to approve, or 
     to institute or not to institute, a prosecution under this 
     subsection shall not be reviewable in any court.
       ``(4) Prosecution.--(A) In any prosecution of a juvenile 
     under this subsection, upon motion of the defendant, the 
     court in which the criminal charges have been filed shall 
     after a hearing determine whether to issue an order that the 
     defendant should be transferred to juvenile status.
       ``(B) A motion by a defendant under this paragraph shall 
     not be considered unless filed no later than 30 days after 
     the date on which the defendant initially appears through 
     counsel or expressly waives the right to counsel and elects 
     to proceed pro se.
       ``(C) The court shall not order the transfer of a defendant 
     to juvenile status under this paragraph unless the defendant 
     establishes by clear and convincing evidence that removal to 
     juvenile status would be in the interest of justice. In 
     making a determination under this paragraph, the court shall 
     consider the factors specified in subsection (b)(2) of this 
     section.
       ``(5) Order.--An order of the court made in ruling on a 
     motion by a defendant to transfer a defendant to juvenile 
     status under this subsection shall not be a final order for 
     the purpose of enabling an appeal, except that an appeal by 
     the United States shall lie to a court of appeals pursuant to 
     section 3731 of this title from an order of a district court 
     removing a defendant to juvenile status. Upon receipt of a 
     notice of appeal of an order under this paragraph, a court of 
     appeals shall hear and determine the appeal on an expedited 
     basis. The court of appeals shall give due regard to the 
     opportunity of the district court to judge the credibility of 
     the witnesses, and shall accept the findings of fact of the 
     district court unless they are clearly erroneous, and the 
     court of appeals shall review de novo the district court's 
     application of the law to the facts.
       ``(e) Sixteen and Seventeen Year Olds Charged With Other 
     Serious Violent Felonies.--
       ``(1) In general.--Except as provided by subsection (d), a 
     juvenile may be prosecuted as an adult if the juvenile is 
     alleged to have committed an act on or after the day the 
     juvenile attains the age of 16 which is committed by an adult 
     would be a serious violent felony as described in paragraphs 
     (2) and (3) of section 3559(a).
       ``(2) Other offenses.--In a prosecution under this 
     subsection the juvenile may be prosecuted and convicted as an 
     adult for any other offense which is properly joined under 
     the Federal Rules of Criminal Procedure, and may also be 
     convicted as an adult of a lesser included offense.
       ``(3) Reviewability.--Except as otherwise provided by this 
     subsection, a determination to approve or not to approve, or 
     to institute or not to institute, a prosecution under this 
     subsection shall not be reviewable in any court.
       ``(4) Prosecution.--(A) In any prosecution of a juvenile 
     under this subsection, upon motion of the defendant, the 
     court in which the criminal charges have been filed shall 
     after a hearing determine whether to issue an order that the 
     defendant should be transferred to juvenile status.
       ``(B) A motion by a defendant under this paragraph shall 
     not be considered unless filed no later than 30 days after 
     the date on which the defendant initially appears through 
     counsel or expressly waives the right to counsel and elects 
     to proceed pro se.
       ``(C) The court shall not order the transfer of a defendant 
     to juvenile status under this paragraph unless the defendant 
     establishes by clear and convincing evidence that removal to 
     juvenile status would be in the interest of justice. In 
     making a determination under this paragraph, the court shall 
     consider the factors specified in subsection (b)(2) of this 
     section.
       ``(5) Order.--An order of the court made in ruling on a 
     motion by a defendant to transfer a defendant to juvenile 
     status under this subsection shall be a final order for the 
     purpose of enabling an appeal. Upon receipt of a notice of 
     appeal of an order under this paragraph, a court of appeals 
     shall hear and determine the appeal on an expedited basis. 
     The court of appeals shall give due regard to the opportunity 
     of the district court to judge the credibility of the 
     witnesses, and shall accept the findings of fact of the 
     district court unless they are clearly erroneous, and the 
     court of appeals shall review de novo the district court's 
     application of the law to the facts.
       ``(f) Proceedings.--
       ``(1) Subsequent proceeding barred.--Once a juvenile has 
     entered a plea of guilty or the proceeding has reached the 
     stage that evidence has begun to be taken with respect to a 
     crime or an alleged act of juvenile delinquency subsequent 
     criminal prosecution or juvenile proceedings based upon such 
     alleged act of delinquency shall be barred.
       ``(2) Statements.--Statements made by a juvenile prior to 
     or during a transfer hearing under this section shall not be 
     admissible at subsequent criminal prosecutions except for 
     impeachment purposes or in a prosecution for perjury or 
     making a false statement.
       ``(3) Further proceedings.--Whenever a juvenile transferred 
     to district court under subsection (b) or (c) is not 
     convicted of the crime upon which the transfer was based or 
     another crime which would have warranted transfer had the 
     juvenile been initially charged with that crime, further 
     proceedings concerning the juvenile shall be conducted 
     pursuant to the provisions of this chapter.
       ``(4) Receipt of records.--A juvenile shall not be 
     transferred to adult prosecution under subsection (b) nor 
     shall a hearing be held under section 5037 (disposition after 
     a finding of juvenile delinquency) until any prior juvenile 
     court records of such juvenile have been received by the 
     court, or the clerk of the juvenile court has certified in 
     writing that the juvenile has no prior record, or that the 
     juvenile's record is unavailable and why it is unavailable.
       ``(5) Specific acts described.--Whenever a juvenile is 
     adjudged delinquent pursuant to the provisions of this 
     chapter, the specific acts which the juvenile has been found 
     to have committed shall be described as part of the official 
     record of the proceedings and part of the juvenile's official 
     record.
       ``(g) State.--For purposes of this section, the term 
     `State' includes a State of the

[[Page 693]]

     United States, the District of Columbia, and any 
     commonwealth, territory, or possession of the United 
     States.''.
       (b) Conforming Amendment.--The analysis for chapter 403 of 
     title 18, United States Code, is amended by striking the item 
     relating to section 5032 and inserting the following:
``5032. Delinquency proceedings in district courts; juveniles tried as 
              adults; transfer for criminal prosecution.''.

     SEC. 302. NOTIFICATION AFTER ARREST.

       Section 5033 of title 18, United States Code, is amended in 
     the first sentence, by striking ``immediately notify the 
     Attorney General and'' and inserting ``immediately, or as 
     soon as practicable thereafter, notify the Attorney General 
     and shall promptly take reasonable steps to notify''.

     SEC. 303. RELEASE AND DETENTION PRIOR TO DISPOSITION.

       (a) Duties of Magistrate Judge.--Section 5034 of title 18, 
     United States Code, is amended--
       (1) in the first undesignated paragraph, by striking ``The 
     magistrate judge shall insure'' and inserting the following:
       ``(a) In General.--
       ``(1) Representation by counsel.--The magistrate judge 
     shall ensure'';
       (2) in the second undesignated paragraph, by striking ``The 
     magistrate judge may appoint'' and inserting the following:
       ``(2) Guardian ad litem.--The magistrate judge may 
     appoint'';
       (3) in the third undesignated paragraph, by striking ``If 
     the juvenile'' and inserting the following:
       ``(b) Release Prior to Disposition.--Except as provided in 
     subsection (c), if the juvenile''; and
       (4) by adding at the end the following:
       ``(c) Release of Certain Juveniles.--
       ``(1) In general.--A juvenile, who is to be tried as an 
     adult under section 5032, shall be released pending trial in 
     accordance with the applicable provisions of chapter 207.
       ``(2) Conditions.--A release under paragraph (1) shall be 
     conducted in the same manner, and shall be subject to the 
     same terms, conditions, and sanctions for violation of a 
     release condition, as provided for an adult under chapter 
     207.
       ``(d) Penalty for an Offense Committed While on Release.--
       ``(1) In general.--A juvenile alleged to have committed, 
     while on release under this section, an offense that, if 
     committed by an adult, would be a Federal criminal offense, 
     shall be subject to prosecution under section 5032.
       ``(2) Applicability of certain penalties.--Section 3147 
     shall apply to a juvenile who is to be tried as an adult 
     under section 5032 for an offense committed while on release 
     under this section.''.
       (b) Detention Prior to Disposition.--Section 5035 of title 
     18, United States Code, is amended--
       (1) by striking ``A juvenile'' and inserting the following:
       ``(a) In General.--Except as provided in subsection (b), a 
     juvenile''; and
       (2) by adding at the end the following:
       ``(b) Detention of Certain Juveniles.--A juvenile who is to 
     be tried as an adult under section 5032 shall be subject to 
     detention in accordance with chapter 207.''.

     SEC. 304. SPEEDY TRIAL.

       Section 5036 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 5036. Speedy trial

       ``(a) In General.--If an alleged delinquent, who is to be 
     proceeded against as a juvenile pursuant to section 5032 and 
     who is in detention pending trial, is not brought to trial 
     within 70 days from the date upon which such detention began, 
     the information shall be dismissed on motion of the alleged 
     delinquent or at the direction of the court.
       ``(b) Periods of Exclusion.--The periods of exclusion under 
     section 3161(h) shall apply to this section.
       ``(c) Judicial Considerations.--In determining whether an 
     information should be dismissed with or without prejudice, 
     the court shall consider--
       ``(1) the seriousness of the alleged act of juvenile 
     delinquency;
       ``(2) the facts and circumstances of the case that led to 
     the dismissal; and
       ``(3) the impact of a reprosecution on the administration 
     of justice.''.

     SEC. 305. FEDERAL SENTENCING GUIDELINES.

       (a) Application of Guidelines to Certain Juvenile 
     Defendants.--Section 994(h) of title 28, United States Code, 
     is amended by inserting ``, or in which the defendant is a 
     juvenile who is tried as an adult,'' after ``old or older''.
       (b) Guidelines for Juvenile Cases.--Section 994 of title 
     28, United States Code, is amended by adding at the end the 
     following:
       ``(z) Guidelines for Juvenile Cases.--Not later than May 1, 
     2006, the Commission, pursuant to its rules and regulations 
     and consistent with all pertinent provisions of any Federal 
     statute, shall promulgate and distribute, to all courts of 
     the United States and to the United States Probation System, 
     guidelines, as described in this section, for use by a 
     sentencing court in determining the sentence to be imposed in 
     a criminal case if the defendant committed the offense as a 
     juvenile, and is tried as an adult pursuant to section 5032 
     of title 18.''.

  Mr. HATCH. Mr. President, I rise today to introduce with my 
colleagues, Senators Feinstein, Grassley, Kyl, and Cornyn, a 
comprehensive bipartisan bill to increase gang prosecution and 
prevention efforts. The bill I introduce today is identical to S. 1735 
that was favorably reported by the Senate Judiciary Committee in the 
108th Congress.
  This legislation, ``The Gang Prevention and Effective Deterrence Act 
of 2005,'' authorizes approximately $650 million over the next five 
years to support law enforcement and efforts to prevent youngsters from 
joining gangs. Of that, $450 million would be used to support Federal, 
State and local law enforcement efforts against violent gangs, and $200 
million would be used for intervention and prevention programs for at-
risk youth. The bill increases funding for the Federal prosecutors and 
Federal Bureau of Investigation (FBI) agents needed to conduct 
coordinated enforcement efforts against violent gangs.
  This bill also creates new criminal gang prosecution offenses, 
enhances existing gang and violent crime penalties to deter and punish 
illegal street gangs, enacts violent crime reforms needed to prosecute 
effectively gang members, and implements a limited reform of the 
juvenile justice system to facilitate Federal prosecution of 16- and 
17-year-old gang members who commit serious violent felonies.
  The problem of gang violence in America is not a new one, nor is it a 
problem that is limited to major urban areas. Once thought to be only a 
problem in our Nation's largest cities, gangs have invaded smaller 
communities. Gangs in Salt Lake County result in significant measure 
from the influence of gangs existing in Los Angeles and Chicago, but 
with local mutations.
  Constituents frequently mention to me their extreme concern about 
gang violence in Utah. According to the Salt Lake Area Gang Project, a 
multi-jurisdictional task force created in 1989 to fight gang crime in 
the Salt Lake area, there are at least 250 identified gangs in Utah 
with over 3,500 members. In Utah, there are street gangs that are 
ethnically oriented, such as Hispanic gangs, as well as those 
affiliated with gangs from other cities, such as the Crips and Bloods, 
Folks and People, motorcycle gangs, Straight Edge gangs, Animal 
Liberation Front, Skinheads, Varrio Loco Town, Oquirrh Shadow Boys, 
Salt Lake Posse, and the list goes on. Some of these gangs are racist; 
some are extremist.
  And what I find particularly troubling is that over one-third of the 
total gang membership is made up of juveniles. Thus, these crimes have 
a particular impact on youths.
  Gangs now resemble organized crime syndicates which readily engage in 
gun violence, illegal gun trafficking, illegal drug trafficking and 
other serious crimes. All too often we read in the headlines about 
gruesome and tragic stories of rival gang members gunned down, innocent 
bystanders--adults, teenagers and children--caught in the cross fire of 
gangland shootings, and family members crying out in grief as they lose 
loved ones to the gang wars plaguing our communities.
  Recent studies confirm that gang violence is an increasing problem in 
all of our communities. Based on the latest available National Youth 
Gang Survey, it is now estimated that there are more than 25,000 gangs, 
and over 750,000 gang members who are active in more than 3,000 
jurisdictions across the United States. The most current reports 
indicate that in 2002 alone, after five years of decline, gang 
membership has spiked nationwide.
  I have been--and remain--committed to supporting Federal, State and 
local task forces as a model for effective gang enforcement strategies. 
Working together, these task forces have demonstrated that they can 
make a difference in the community. In Salt Lake City, the Metro Gang 
Multi-Jurisdiction Task Force stands out as a critical player in 
fighting gang violence in Salt Lake City. We need to reassure 
outstanding organizations like this that there will be adequate 
resources available to expand and fund these critical task force 
operations to fight gang violence.

[[Page 694]]

  In my study of this problem, it has become clear that the government 
needs to work with communities to meet this problem head-on and defeat 
it. If we really want to reduce gang violence, we must ensure that law 
enforcement has adequate resources and legal tools, and that our 
communities have the ability to implement proven intervention and 
prevention strategies, so that gang members who are removed from the 
community are not simply replaced by the next generation of new gang 
members.
  In closing, I want to commend my colleagues--Senators Feinstein, 
Grassley, Kyl and Cornyn. They have worked very closely with me as we 
considered these issues last Congress and I look forward to working 
with them and others as we proceed this year. I urge my colleagues to 
join with us in promptly passing this important legislation.
                                 ______
                                 
      By Mr. BINGAMAN (for himself and Mr. Domenici):
  S. 156. A bill to designate the Ojito Wilderness Study Area as 
wilderness, to take certain land into trust for the Pueblo of Zia, and 
for other purposes; to the Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, I am proud to introduce the ``Ojito 
Wilderness Act''. This bill was passed in various forms by both the 
Senate and the House of Representatives in the 108th Congress. I am 
pleased that the senior Senator from New Mexico, Mr. Domenici, is 
cosponsoring this bill.
  The support for this proposal truly is impressive. It has been 
formally endorsed by the Governor of New Mexico; the local Sandoval 
County Commission and the neighboring Bernalillo County Commission; the 
Albuquerque City Council; New Mexico House of Representatives Energy 
and Natural Resources Committee Chairman James Roger Madalena; the 
Governors of the Pueblos of Zia, Santa Ana, Santo Domingo, Cochiti, 
Tesuque, San Ildefonso, Pojoaque, Nambe, Santa Clara, San Juan, Sandia, 
Laguna, Acoma, Isleta, Picuris, and Taos; the National Congress of 
American Indians; the Hopi Tribe; The Wilderness Society; the New 
Mexico Wilderness Alliance; the Coalition for New Mexico Wilderness, on 
behalf of more than 375 businesses and organizations; the Rio Grande 
Chapter of the Sierra Club; the National Parks Conservation 
Association; the Albuquerque Convention and Visitors Bureau; 1000 
Friends of New Mexico; and numerous individuals.
  The Ojito provides a unique wilderness area that is important not 
only to its local stewards, but also to the nearby residents of 
Albuquerque and Santa Fe, as well as visitors from across the country. 
It is an outdoor geology laboratory, offering a spectacular and unique 
opportunity to view from a single location the juxtaposition of the 
southwestern margin of the Rocky Mountains, the Colorado Plateau, and 
the Rio Grande Rift, along with the volcanic necks of the Rio Puerco 
Fault. Its rugged terrain offers a rewarding challenge to hikers, 
backpackers, and photographers. It shelters ancient Puebloan ruins and 
an endemic endangered plant, solitude and inspiration. Designating 
Ojito as a wilderness area ensures that the beauty of this special 
place will be protected and enjoyed for years to come.
  I have made a number of changes to this bill in order clarify a 
number of issues and to facilitate its enactment, and I hope that it 
will be enacted quickly.
  I ask unanimous consent that the text of the bill I have introduced 
today be printed in Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 156

       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 ``Ojito Wilderness Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Map.--The term ``map'' means the map entitled ``Ojito 
     Wilderness Act'' and dated October 1, 2004.
       (2) Pueblo.--The term ``Pueblo'' means the Pueblo of Zia.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State.--The term ``State'' means the State of New 
     Mexico.

     SEC. 3. DESIGNATION OF THE OJITO WILDERNESS.

       (a) In General.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), there is hereby 
     designated as wilderness, and, therefore, as a component of 
     the National Wilderness Preservation System, certain land in 
     the Albuquerque District-Bureau of Land Management, New 
     Mexico, which comprise approximately 11,183 acres, as 
     generally depicted on the map, and which shall be known as 
     the ``Ojito Wilderness''.
       (b) Map and Legal Description.--The map and a legal 
     description of the wilderness area designated by this Act 
     shall--
       (1) be filed by the Secretary with the Committee on Energy 
     and Natural Resources of the Senate and the Committee on 
     Resources of the House of Representatives as soon as 
     practicable after the date of enactment of this Act;
       (2) have the same force and effect as if included in this 
     Act, except that the Secretary may correct clerical and 
     typographical errors in the legal description and map; and
       (3) be on file and available for public inspection in the 
     appropriate offices of the Bureau of Land Management.
       (c) Management of Wilderness.--Subject to valid existing 
     rights, the wilderness area designated by this Act shall be 
     managed by the Secretary in accordance with the Wilderness 
     Act (16 U.S.C. 1131 et seq.) and this Act, except that, with 
     respect to the wilderness area designated by this Act, any 
     reference in the Wilderness Act to the effective date of the 
     Wilderness Act shall be deemed to be a reference to the date 
     of enactment of this Act.
       (d) Management of Newly Acquired Land.--If acquired by the 
     United States, the following land shall become part of the 
     wilderness area designated by this Act and shall be managed 
     in accordance with this Act and other applicable law:
       (1) Section 12 of township 15 north, range 01 west, New 
     Mexico Principal Meridian.
       (2) Any land within the boundaries of the wilderness area 
     designated by this Act.
       (e) Management of Lands To Be Added.--The lands generally 
     depicted on the map as ``Lands to be Added'' shall become 
     part of the wilderness area designated by this Act if the 
     United States acquires, or alternative adequate access is 
     available to, section 12 of township 15 north, range 01 west.
       (f) Release.--The Congress hereby finds and directs that 
     the lands generally depicted on the map as ``Lands to be 
     Released'' have been adequately studied for wilderness 
     designation pursuant to section 603 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1782) and no 
     longer are subject to the requirement of section 603(c) of 
     such Act (43 U.S.C. 1782(c)) pertaining to the management of 
     wilderness study areas in a manner that does not impair the 
     suitability of such areas for preservation as wilderness.
       (g) Grazing.--Grazing of livestock in the wilderness area 
     designated by this Act, where established before the date of 
     enactment of this Act, shall be administered in accordance 
     with the provisions of section 4(d)(4) of the Wilderness Act 
     (16 U.S.C. 1133(d)(4)) and the guidelines set forth in 
     Appendix A of the Report of the Committee on Interior and 
     Insular Affairs to accompany H.R. 2570 of the One Hundred 
     First Congress (H. Rept. 101-405).
       (h) Fish and Wildlife.--As provided in section 4(d)(7) of 
     the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 
     section shall be construed as affecting the jurisdiction or 
     responsibilities of the State with respect to fish and 
     wildlife in the State.
       (i) Water Rights.--
       (1) Findings.--Congress finds that--
       (A) the land designated as wilderness by this Act is arid 
     in nature and is generally not suitable for use or 
     development of new water resource facilities; and
       (B) because of the unique nature and hydrology of the 
     desert land designated as wilderness by this Act, it is 
     possible to provide for proper management and protection of 
     the wilderness and other values of lands in ways different 
     from those used in other legislation.
       (2) Statutory construction.--Nothing in this Act--
       (A) shall constitute or be construed to constitute either 
     an express or implied reservation by the United States of any 
     water or water rights with respect to the land designated as 
     wilderness by this Act;
       (B) shall affect any water rights in the State existing on 
     the date of enactment of this Act, including any water rights 
     held by the United States;
       (C) shall be construed as establishing a precedent with 
     regard to any future wilderness designations;
       (D) shall affect the interpretation of, or any designation 
     made pursuant to, any other Act; or
       (E) shall be construed as limiting, altering, modifying, or 
     amending any of the interstate compacts or equitable 
     apportionment decrees that apportion water among and between 
     the State and other States.
       (3) State water law.--The Secretary shall follow the 
     procedural and substantive requirements of the law of the 
     State in order

[[Page 695]]

     to obtain and hold any water rights not in existence on the 
     date of enactment of this Act with respect to the wilderness 
     area designated by this Act.
       (4) New projects.--
       (A) Water resource facility.--As used in this subsection, 
     the term ``water resource facility''--
       (i) means irrigation and pumping facilities, reservoirs, 
     water conservation works, aqueducts, canals, ditches, 
     pipelines, wells, hydropower projects, and transmission and 
     other ancillary facilities, and other water diversion, 
     storage, and carriage structures; and
       (ii) does not include wildlife guzzlers.
       (B) Restriction on new water resource facilities.--Except 
     as otherwise provided in this Act, on and after the date of 
     enactment of this Act, neither the President nor any other 
     officer, employee, or agent of the United States shall fund, 
     assist, authorize, or issue a license or permit for the 
     development of any new water resource facility within the 
     wilderness area designated by this Act.
       (j) Withdrawal.--Subject to valid existing rights, the 
     wilderness area designated by this Act, the lands to be added 
     under subsection (e), and lands identified on the map as the 
     ``BLM Lands Authorized to be Acquired by the Pueblo of Zia'' 
     are withdrawn from--
       (1) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (k) Exchange.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall seek to complete 
     an exchange for State land within the boundaries of the 
     wilderness area designated by this Act.

     SEC. 4. LAND HELD IN TRUST.

       (a) In General.--Subject to valid existing rights and the 
     conditions under subsection (d), all right, title, and 
     interest of the United States in and to the lands (including 
     improvements, appurtenances, and mineral rights to the lands) 
     generally depicted on the map as ``BLM Lands Authorized to be 
     Acquired by the Pueblo of Zia'' shall, on receipt of 
     consideration under subsection (c) and adoption and approval 
     of regulations under subsection (d), be declared by the 
     Secretary to be held in trust by the United States for the 
     Pueblo and shall be part of the Pueblo's Reservation.
       (b) Description of Lands.--The boundary of the lands 
     authorized by this section for acquisition by the Pueblo 
     where generally depicted on the map as immediately adjacent 
     to CR906, CR923, and Cucho Arroyo Road shall be 100 feet from 
     the center line of the road.
       (c) Consideration.--
       (1) In general.--In consideration for the conveyance 
     authorized under subsection (a), the Pueblo shall pay to the 
     Secretary the amount that is equal to the fair market value 
     of the land conveyed, as subject to the terms and conditions 
     in subsection (d), as determined by an independent appraisal.
       (2) Appraisal.--To determine the fair market value, the 
     Secretary shall conduct an appraisal paid for by the Pueblo 
     that is performed in accordance with the Uniform Appraisal 
     Standards for Federal Land Acquisitions and the Uniform 
     Standards of Professional Appraisal Practice.
       (3) Availability.--Any amounts paid under paragraph (1) 
     shall be available to the Secretary, without further 
     appropriation and until expended, for the acquisition from 
     willing sellers of land or interests in land in the State.
       (d) Public Access.--
       (1) In general.--Subject to paragraph (2), the declaration 
     of trust and conveyance under subsection (a) shall be subject 
     to the continuing right of the public to access the land for 
     recreational, scenic, scientific, educational, 
     paleontological, and conservation uses, subject to any 
     regulations for land management and the preservation, 
     protection, and enjoyment of the natural characteristics of 
     the land that are adopted by the Pueblo and approved by the 
     Secretary; Provided that the Secretary shall ensure that the 
     rights provided for in this paragraph are protected and that 
     a process for resolving any complaints by an aggrieved party 
     is established.
       (2) Conditions.--Except as provided in subsection (f)--
       (A) the land conveyed under subsection (a) shall be 
     maintained as open space and the natural characteristics of 
     the land shall be preserved in perpetuity; and
       (B) the use of motorized vehicles (except on existing roads 
     or as is necessary for the maintenance and repair of 
     facilities used in connection with grazing operations), 
     mineral extraction, housing, gaming, and other commercial 
     enterprises shall be prohibited within the boundaries of the 
     land conveyed under subsection (a).
       (e) Rights of Way.--
       (1) Existing rights of way.--Nothing in this section shall 
     affect--
       (A) any validly issued right-of-way or the renewal thereof; 
     or
       (B) the access for customary construction, operation, 
     maintenance, repair, and replacement activities in any right-
     of-way issued, granted, or permitted by the Secretary.
       (2) New rights of way and renewals.--
       (A) In general.--The Pueblo shall grant any reasonable 
     request for rights-of-way for utilities and pipelines over 
     the land acquired under subsection (a) that is designated as 
     the ``Rights-of-Way corridor #1'' in the Rio Puerco Resource 
     Management Plan that is in effect on the date of the grant.
       (B) Administration.--Any right-of-way issued or renewed 
     after the date of enactment of this Act located on land 
     authorized to be acquired under this section shall be 
     administered in accordance with the rules, regulations, and 
     fee payment schedules of the Department of the Interior, 
     including the Rio Puerco Resources Management Plan that is in 
     effect on the date of issuance or renewal of the right-of-
     way.
       (f) Judicial Relief.--
       (1) In general.--To enforce subsection (d), any person may 
     bring a civil action in the United States District Court for 
     the District of New Mexico seeking declaratory or injunctive 
     relief.
       (2) Sovereign immunity.--The Pueblo shall not assert 
     sovereign immunity as a defense or bar to a civil action 
     brought under paragraph (1).
       (3) Effect.--Nothing in this section--
       (A) authorizes a civil action against the Pueblo for money 
     damages, costs, or attorneys fees; or
       (B) except as provided in paragraph (2), abrogates the 
     sovereign immunity of the Pueblo.
                                 ______
                                 
      By Mr. KOHL:
  S. 157. A bill to amend the Internal Revenue Code of 1986 to permit 
interest on Federally guaranteed water, wastewater, and essential 
community facilities loans to be tax exempt; to the Committee on 
Finance.
  Mr. KOHL. Mr. President, I'm introducing a bill today that is aimed 
at helping rural communities build or improve essential community 
facilities such as shelters, nursing homes, hospitals, medical clinics, 
and fire and rescue-type projects. My bill would make it possible for 
project sponsors to accept certain USDA loan guarantees without risking 
the tax exempt status that enables them to finance these initiatives.
  Clarification of existing tax rules, as proposed in this bill, will 
provide certainty for project sponsors, help lower project costs for 
rural communities, and help deal with a backlog of loan applications 
for small communities.
  The needs are great in many rural communities. This measure will help 
communities help themselves and I look forward to working with the 
Senate Finance Committee on this important topic.
  I ask unanimous consent that the text of the measure 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. 157

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

     SECTION 1. TAX-EXEMPT INTEREST ON FEDERALLY GUARANTEED WATER, 
                   WASTEWATER, AND FEDERALLY GUARANTEED ESSENTIAL 
                   COMMUNITY FACILITIES LOANS.

       (a) In General.--Section 149(b)(3)(A) of the Internal 
     Revenue Code 1986 (relating to certain insurance programs) is 
     amended by striking ``or'' at the end of clause (ii), by 
     striking period at the end of clause (iii) and inserting ``, 
     or'', and by adding at the end the following new clause:
       ``(iv) any guarantee by the Secretary of Agriculture 
     pursuant to section 306(a)(1) of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1926(a)(1)) to finance water, 
     wastewater, and essential community facilities.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to bonds issued after the date of the enactment 
     of this Act.
                                 ______
                                 
      By Mr. LIEBERMAN (for himself, Mrs. Clinton, Mr. Dodd, and Mr. 
        Schumer):
  S. 158. A bill to establish the Long Island Sound Stewardship 
Initiative; to the Committee on Environment and Public Works.
  Mr. LIEBERMAN. Mr. President, I rise today to re-introduce 
legislation that would establish a new system to preserve the 
environmental quality of Long Island Sound by identifying, protecting, 
and enhancing sites within the Long Island Sound ecosystem that have 
significant ecological, educational, open space, public access, or 
recreational value.
  With this legislation, we hope to preserve the natural beauty and 
ecological

[[Page 696]]

wonder of the majestic waterway between New York and Connecticut, which 
my New York and Connecticut colleagues and I have worked hard together 
to improve. We have come a long way in restoring the Sound and its rich 
biodiversity over the past several decades, but our progress may be in 
jeopardy if we do not take measures now to protect remaining sites of 
biological diversity. Despite our best efforts, we are continuing to 
lose unprotected open sites along the shore. That is why this Act is so 
important.
  One of the important features of the Stewardship Act I am introducing 
is that it will use new approaches to address an old problem, the 
proper conservation of our resources. The legislation includes novel 
conservation techniques that are designed to accomplish their goals at 
the least cost. First, it involves purchasing property or property 
rights or entering into binding legal agreements with property owners, 
but does so through a process that is voluntary and that explicitly 
respects the interests and rights of private property owners. It also 
uses established scientific methods for identifying potential coastal 
sites. Finally, it incorporates a flexible management system that 
institutionalizes learning and ensures efficiency in the identification 
and acquisition of conservation and recreation sites.
  The value of this legislation, which passed the Senate by unanimous 
consent during the last Congress, is clear. I look forward to working 
with my co-sponsors from Connecticut and New York, Senators Dodd, 
Clinton, and Schumer, and a bipartisan group of our Connecticut and New 
York House colleagues to enact this legislation and ensure that we can 
take necessary common-sense steps to protect and preserve Long Island 
Sound for generations to come.
  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. 158

       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 ``Long Island Sound 
     Stewardship Act of 2005''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) Long Island Sound is a national treasure of great 
     cultural, environmental, and ecological importance;
       (2) 8,000,000 people live within the Long Island Sound 
     watershed and 28,000,000 people (approximately 10 percent of 
     the population of the United States) live within 50 miles of 
     Long Island Sound;
       (3) activities that depend on the environmental health of 
     Long Island Sound contribute more than $5,000,000,000 each 
     year to the regional economy;
       (4) the portion of the shoreline of Long Island Sound that 
     is accessible to the general public (estimated at less than 
     20 percent of the total shoreline) is not adequate to serve 
     the needs of the people living in the area;
       (5) existing shoreline facilities are in many cases 
     overburdened and underfunded;
       (6) large parcels of open space already in public ownership 
     are strained by the effort to balance the demand for 
     recreation with the needs of sensitive natural resources;
       (7) approximately \1/3\ of the tidal marshes of Long Island 
     Sound have been filled, and much of the remaining marshes 
     have been ditched, dyked, or impounded, reducing the 
     ecological value of the marshes; and
       (8) much of the remaining exemplary natural landscape is 
     vulnerable to further development.
       (b) Purpose.--The purpose of this Act is to establish the 
     Long Island Sound Stewardship Initiative to identify, 
     protect, and enhance sites within the Long Island Sound 
     ecosystem with significant ecological, educational, open 
     space, public access, or recreational value through a bi-
     State network of sites best exemplifying these values.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Adaptive management.--The term ``adaptive management'' 
     means a scientific process--
       (A) for--
       (i) developing predictive models;
       (ii) making management policy decisions based upon the 
     model outputs;
       (iii) revising the management policies as data become 
     available with which to evaluate the policies; and
       (iv) acknowledging uncertainty, complexity, and variance in 
     the spatial and temporal aspects of natural systems; and
       (B) that requires that management be viewed as 
     experimental.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (3) Committee.--The term ``Committee'' means the Long 
     Island Sound Stewardship Advisory Committee established by 
     section 5(a).
       (4) Region.--The term ``Region'' means the Long Island 
     Sound Stewardship Initiative Region established by section 
     4(a).
       (5) States.--The term ``States'' means the States of 
     Connecticut and New York.
       (6) Stewardship site.--The term ``stewardship site'' means 
     a site that--
       (A) qualifies for identification by the Committee under 
     section 8; and
       (B) is an area of land or water or a combination of land 
     and water--
       (i) that is in the Region; and
       (ii) that is--

       (I) Federal, State, local, or tribal land or water;
       (II) land or water owned by a nonprofit organization; or
       (III) privately owned land or water.

       (7) Systematic site selection.--The term ``systematic site 
     selection'' means a process of selecting stewardship sites 
     that--
       (A) has explicit goals, methods, and criteria;
       (B) produces feasible, repeatable, and defensible results;
       (C) provides for consideration of natural, physical, and 
     biological patterns,
       (D) addresses reserve size, replication, connectivity, 
     species viability, location, and public recreation values;
       (E) uses geographic information systems technology and 
     algorithms to integrate selection criteria; and
       (F) will result in achieving the goals of stewardship site 
     selection at the lowest cost.
       (8) Threat.--The term ``threat'' means a threat that is 
     likely to destroy or seriously degrade a conservation target 
     or a recreation area.

     SEC. 4. LONG ISLAND SOUND STEWARDSHIP INITIATIVE REGION.

       (a) Establishment.--There is established in the States the 
     Long Island Sound Stewardship Initiative Region.
       (b) Boundaries.--The Region shall encompass the immediate 
     coastal upland and underwater areas along Long Island Sound, 
     including--
       (1) those portions of the Sound with coastally influenced 
     vegetation, as described on the map entitled the ``Long 
     Island Sound Stewardship Region'' and dated April 21, 2004; 
     and
       (2) the Peconic Estuary, as described on the map entitled 
     ``Peconic Estuary Program Study Area Boundaries'', included 
     in the Comprehensive Conservation and Management Plan for the 
     Peconic Estuary Program and dated November 15, 2001.

     SEC. 5. LONG ISLAND SOUND STEWARDSHIP ADVISORY COMMITTEE.

       (a) Establishment.--There is established a committee to be 
     known as the ``Long Island Sound Stewardship Advisory 
     Committee''.
       (b) Chairperson.--The Chairperson of the Committee shall be 
     the Director of the Long Island Sound Office of the 
     Environmental Protection Agency, or a designee of the 
     Director.
       (c) Membership.--
       (1) Composition.--
       (A) Appointment of members.--
       (i) In general.--The Chairperson shall appoint the members 
     of the Committee in accordance with this subsection and 
     section 320(c) of the Federal Water Pollution Control Act (33 
     U.S.C. 1330(c)).
       (ii) Additional members.--In addition to the requirements 
     described in clause (i), the Committee shall include--

       (I) a representative from the Regional Plan Association;
       (II) a representative of the marine trade organizations; 
     and
       (III) a representative of private landowner interests.

       (B) Representation.--In appointing members to the 
     Committee, the Chairperson shall consider--
       (i) Federal, State, and local government interests;
       (ii) the interests of nongovernmental organizations;
       (iii) academic interests; and
       (iv) private interests.
       (2) Date of appointments.--Not later than 180 days after 
     the date of enactment of this Act, the appointment of all 
     members of the Committee shall be made.
       (d) Term; Vacancies.--
       (1) Term.--
       (A) In general.--A member shall be appointed for a term of 
     4 years.
       (B) Multiple terms.--A person may be appointed as a member 
     of the Committee for more than 1 term.
       (2) Vacancies.--A vacancy on the Committee shall--
       (A) be filled not later than 90 days after the vacancy 
     occurs;
       (B) not affect the powers of the Committee; and
       (C) be filled in the same manner as the original 
     appointment was made.
       (3) Staff.--
       (A) In general.--The Chairperson of the Committee may 
     appoint and terminate personnel as necessary to enable the 
     Committee to perform the duties of the Committee.

[[Page 697]]

       (B) Personnel as federal employees.--
       (i) In general.--Any personnel of the Committee who are 
     employees of the Committee shall be employees under section 
     2105 of title 5, United States Code, for purposes of chapters 
     63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (ii) Members of committee.--Clause (i) does not apply to 
     members of the Committee.
       (e) Initial Meeting.--Not later than 30 days after the date 
     on which all members of the Committee have been appointed, 
     the Committee shall hold the initial meeting of the 
     Committee.
       (f) Meetings.--The Committee shall meet at the call of the 
     Chairperson, but no fewer than 4 times each year.
       (g) Quorum.--A majority of the members of the Committee 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.

     SEC. 6. DUTIES OF THE COMMITTEE.

       The Committee shall--
       (1) consistent with the guidelines described in section 8--
       (A) evaluate applications from government or nonprofit 
     organizations qualified to hold conservation easements for 
     funds to purchase land or development rights for stewardship 
     sites;
       (B) evaluate applications to develop and implement 
     management plans to address threats;
       (C) evaluate applications to act on opportunities to 
     protect and enhance stewardship sites; and
       (D) recommend that the Administrator award grants to 
     qualified applicants;
       (2) recommend guidelines, criteria, schedules, and due 
     dates for evaluating information to identify stewardship 
     sites;
       (3) publish a list of sites that further the purposes of 
     this Act, provided that owners of sites shall be--
       (A) notified prior to the publication of the list; and
       (B) allowed to decline inclusion on the list;
       (4) raise awareness of the values of and threats to these 
     sites; and
       (5) leverage additional resources for improved stewardship 
     of the Region.

     SEC. 7. POWERS OF THE COMMITTEE.

       (a) Hearings.--The Committee may hold such hearings, meet 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Committee considers advisable to 
     carry out this Act.
       (b) Information From Federal Agencies.--
       (1) In general.--The Committee may secure directly from a 
     Federal agency such information as the Committee considers 
     necessary to carry out this Act.
       (2) Provision of information.--
       (A) In general.--Subject to subparagraph (C), on request of 
     the Chairperson of the Committee, the head of a Federal 
     agency shall provide the information requested by the 
     Chairperson to the Committee.
       (B) Administration.--The furnishing of information by a 
     Federal agency to the Committee shall not be considered a 
     waiver of any exemption available to the agency under section 
     552 of title 5, United States Code.
       (C) Information to be kept confidential.--
       (i) In general.--For purposes of section 1905 of title 18, 
     United States Code--

       (I) the Committee shall be considered an agency of the 
     Federal Government; and
       (II) any individual employed by an individual, entity, or 
     organization that is a party to a contract with the Committee 
     under this Act shall be considered an employee of the 
     Committee.

       (ii) Prohibition on disclosure.--Information obtained by 
     the Committee, other than information that is available to 
     the public, shall not be disclosed to any person in any 
     manner except to an employee of the Committee as described in 
     clause (i) for the purpose of receiving, reviewing, or 
     processing the information.
       (c) Postal Services.--The Committee may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       (d) Donations.--The Committee may accept, use, and dispose 
     of donations of services or property that advance the goals 
     of the Long Island Sound Stewardship Initiative.

     SEC. 8. STEWARDSHIP SITES.

       (a) Initial Sites.--
       (1) Identification.--
       (A) In general.--The Committee shall identify 20 initial 
     Long Island Sound stewardship sites that the Committee has 
     determined--
       (i)(I) are natural resource-based recreation areas; or
       (II) are exemplary natural areas with ecological value; and
       (ii) best promote the purposes of this Act.
       (B) Exemption.--Sites described in subparagraph (A) are not 
     subject to the site identification process described in 
     subsection (d).
       (2) Equitable distribution of funds for initial sites.--In 
     identifying initial sites under paragraph (1), the Committee 
     shall exert due diligence to recommend an equitable 
     distribution of funds between the States for the initial 
     sites.
       (b) Application for Identification as a Stewardship Site.--
     Subsequent to the identification of the initial stewardship 
     sites under subsection (a), owners of sites may submit 
     applications to the Committee in accordance with subsection 
     (c) to have the sites identified as stewardship sites.
       (c) Identification.--The Committee shall review 
     applications submitted by owners of potential stewardship 
     sites to determine whether the sites should be identified as 
     exhibiting values consistent with the purposes of this Act.
       (d) Site Identification Process.--
       (1) Natural resource-based recreation areas.--The Committee 
     shall identify additional recreation areas with potential as 
     stewardship sites using a selection technique that includes--
       (A) public access;
       (B) community support;
       (C) areas with high population density;
       (D) environmental justice (as defined in section 385.3 of 
     title 33, Code of Federal Regulations (or successor 
     regulations));
       (E) connectivity to existing protected areas and open 
     spaces;
       (F) cultural, historic, and scenic areas; and
       (G) other criteria developed by the Committee.
       (2) Natural areas with ecological value.--The Committee 
     shall identify additional natural areas with ecological value 
     and potential as stewardship sites--
       (A) based on measurable conservation targets for the 
     Region; and
       (B) following a process for prioritizing new sites using 
     systematic site selection, which shall include--
       (i) ecological uniqueness;
       (ii) species viability;
       (iii) habitat heterogeneity;
       (iv) size;
       (v) quality;
       (vi) connectivity to existing protected areas and open 
     spaces;
       (vii) land cover;
       (viii) scientific, research, or educational value;
       (ix) threats; and
       (x) other criteria developed by the Committee.
       (3) Publication of list.--After completion of the site 
     identification process, the Committee shall--
       (A) publish in the Federal Register a list of sites that 
     further the purposes of this Act; and
       (B) prior to publication of the list, provide to owners of 
     the sites to be published--
       (i) a notification of publication; and
       (ii) an opportunity to decline inclusion of the site of the 
     owner on the list.
       (4) Deviation from process.--
       (A) In general.--The Committee may identify as a potential 
     stewardship site, a site that does not meet the criteria in 
     paragraph (1) or (2), or reject a site selected under 
     paragraph (1) or (2), if the Committee--
       (i) selects a site that makes significant ecological or 
     recreational contributions to the Region;
       (ii) publishes the reasons that the Committee decided to 
     deviate from the systematic site selection process; and
       (iii) before identifying or rejecting the potential 
     stewardship site, provides to the owners of the site the 
     notification of publication, and the opportunity to decline 
     inclusion of the site on the list published under paragraph 
     (3)(A), described in paragraph (3)(B).
       (5) Public comment.--In identifying potential stewardship 
     sites, the Committee shall consider public comments.
       (e) General Guidelines for Management.--
       (1) In general.--The Committee shall use an adaptive 
     management framework to identify the best policy initiatives 
     and actions through--
       (A) definition of strategic goals;
       (B) definition of policy options for methods to achieve 
     strategic goals;
       (C) establishment of measures of success;
       (D) identification of uncertainties;
       (E) development of informative models of policy 
     implementation;
       (F) separation of the landscape into geographic units;
       (G) monitoring key responses at different spatial and 
     temporal scales; and
       (H) evaluation of outcomes and incorporation into 
     management strategies.
       (2) Application of adaptive management framework.--The 
     Committee shall apply the adaptive management framework to 
     the process for updating the list of recommended stewardship 
     sites.

     SEC. 9. REPORTS.

       (a) In General.--For each of fiscal years 2006 through 
     2013, the Committee shall submit to the Administrator an 
     annual report that contains--
       (1) a detailed statement of the findings and conclusions of 
     the Committee since the last report;
       (2) a description of all sites recommended by the Committee 
     to be approved as stewardship sites;
       (3) the recommendations of the Committee for such 
     legislation and administrative actions as the Committee 
     considers appropriate; and
       (4) in accordance with subsection (b), the recommendations 
     of the Committee for the awarding of grants.

[[Page 698]]

       (b) General Guidelines for Recommendations.--
       (1) In general.--The Committee shall recommend that the 
     Administrator award grants to qualified applicants to help to 
     secure and improve the open space, public access, or 
     ecological values of stewardship sites, through--
       (A) purchase of the property of the site;
       (B) purchase of relevant property rights of the site; or
       (C) entering into any other binding legal arrangement that 
     ensures that the values of the site are sustained, including 
     entering into an arrangement with a land manager or owner to 
     develop or implement an approved management plan that is 
     necessary for the conservation of natural resources.
       (2) Equitable distribution of funds.--The Committee shall 
     exert due diligence to recommend an equitable distribution of 
     funds between the States.
       (c) Action by the Administrator.--
       (1) In general.--Not later than 90 days after receiving a 
     report under subsection (a), the Administrator shall--
       (A) review the recommendations of the Committee; and
       (B) take actions consistent with the recommendations of the 
     Committee, including the approval of identified stewardship 
     sites and the award of grants, unless the Administrator makes 
     a finding that any recommendation is unwarranted by the 
     facts.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall develop and 
     publish a report that--
       (A) assesses the current resources of and threats to Long 
     Island Sound;
       (B) assesses the role of the Long Island Sound Stewardship 
     Initiative in protecting Long Island Sound;
       (C) establishes guidelines, criteria, schedules, and due 
     dates for evaluating information to identify stewardship 
     sites;
       (D) includes information about any grants that are 
     available for the purchase of land or property rights to 
     protect stewardship sites;
       (E) accounts for funds received and expended during the 
     previous fiscal year;
       (F) shall be made available to the public on the Internet 
     and in hardcopy form; and
       (G) shall be updated at least every other year, except that 
     information on funding and any new stewardship sites 
     identified shall be published more frequently.

     SEC. 10. PRIVATE PROPERTY PROTECTION.

       (a) Access to Private Property.--Nothing in this Act--
       (1) requires any private property owner to allow public 
     access (including Federal, State, or local government access) 
     to the private property; or
       (2) modifies any provision of Federal, State, or local law 
     with regard to public access to or use of private property, 
     except as entered into by voluntary agreement of the owner or 
     custodian of the property.
       (b) Liability.--Approval of the Long Island Sound 
     Stewardship Initiative Region does not create any liability, 
     or have any effect on any liability under any other law, of 
     any private property owner with respect to any person injured 
     on the private property.
       (c) Recognition of Authority to Control Land Use.--Nothing 
     in this Act modifies the authority of Federal, State, or 
     local governments to regulate land use.
       (d) Participation of Private Property Owners in the Long 
     Island Sound Stewardship Initiative Region.--Nothing in this 
     Act requires the owner of any private property located within 
     the boundaries of the Region to participate in or be 
     associated with the Initiative.
       (e) Effect of Establishment.--
       (1) In general.--The boundaries approved for the Region 
     represent the area within which Federal funds appropriated 
     for the purpose of this Act may be expended.
       (2) Regulatory authority.--The establishment of the Region 
     and the boundaries of the Region does not provide any 
     regulatory authority not in existence on the date of 
     enactment of this Act on land use in the Region by any 
     management entity, except for such property rights as may be 
     purchased from or donated by the owner of the property 
     (including the Federal Government or a State or local 
     government, if applicable).

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Act $25,000,000 for each of fiscal years 2006 
     through 2013.
       (b) Use of Funds.--For each fiscal year, funds made 
     available under subsection (a) shall be used by the 
     Administrator, after reviewing the recommendations of the 
     Committee submitted under section 9, for--
       (1) acquisition of land and interests in land;
       (2) development and implementation of site management 
     plans;
       (3) site enhancements to reduce threats or promote 
     stewardship; and
       (4) administrative expenses of the Committee.
       (c) Federal Share.--The Federal share of the cost of an 
     activity carried out using any assistance or grant under this 
     Act shall not exceed 75 percent of the total cost of the 
     activity.

     SEC. 12. LONG ISLAND SOUND AUTHORIZATION OF APPROPRIATIONS.

       Section 119(f) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1269(f)) is amended by striking ``2005'' each 
     place it appears and inserting ``2009''.

     SEC. 13. TERMINATION OF COMMITTEE.

       The Committee shall terminate on December 31, 2013.
                                 ______
                                 
      By Mr. McCAIN (for himself and Mr. Kyl):
  S. 161. A bill to provide for a land exchange in the State of Arizona 
between the Secretary of Agriculture and Yavapai Ranch Limited 
Partnership; to the Committee on Energy and Natural Resources.
  Mr. McCAIN. Mr. President, I am pleased to join with Senator Kyl in 
introducing the Northern Arizona Forest Lands Exchange and Verde River 
Basin Partnership Act of 2005. The Senate passed by unanimous consent a 
nearly identical measure late last year. Unfortunately, the House did 
not have the time to pass the bill before the 108th Congress adjourned. 
It is my hope that this compromise bill will pass quickly in both 
Houses and become law in the near future.
  This legislation is the product of many years of negotiation and 
compromise. It provides a sound framework for a fair and equal value 
exchange of 50,000 acres of private and public land in Northern 
Arizona. The bill also addresses water issues associated with the 
exchange of lands located within the Verde River Basin watershed by 
limiting water usage on certain exchanged lands and supporting the 
development of a collaborative science-based water resource planning 
and management entity for the Verde River Basin watershed.
  After countless hours of deliberation and discussion by all parties, 
I believe that the compromise reached on the bill is both balanced and 
foresighted in addressing the various issues raised by the exchange. I 
want to thank Senator Kyl and his staff, as well as Senators Domenici 
and Bingaman, and their staffs on the Senate Energy and Natural 
Resources Committee, for their tireless efforts in reaching this 
agreement at the end of the last session. I also want to recognize the 
work of Congressmen Renzi and Hayworth who have championed this 
legislation in the House of Representatives. Representative Renzi plans 
to introduce a companion bill in the House this week.
  The Arizona delegation is strongly supportive of the legislation 
because it will offer significant benefits for all parties. Benefits 
will accrue to the U.S. Forest Service and the public with the 
consolidation of checkerboard lands and the protection and enhanced 
management of extensive forest and grasslands. The communities of 
Flagstaff, Williams, and Camp Verde will also benefit in terms of 
economic development opportunities, water supply, and other important 
purposes.
  While facilitating the exchange of public and private lands is a very 
important objective of this legislation, and indeed, was the original 
purpose when we began working on it several years ago, I now consider 
the provisions concerning water management even more crucial. Since 
introducing the original legislation in April 2003, I have heard from 
hundreds of Arizonans and learned first-hand of the significant water 
issues raised by the transfer of Federal land into private ownership. 
We have modified the bill to take into account many of the concerns 
raised during meetings held in Northern Arizona by limiting water usage 
on exchanged lands and removing certain lands entirely from the 
exchange.
  There is growing recognition throughout Arizona of the need to face 
the crucial challenge of wise management of limited water supplies, 
particularly with the extended drought coupled with rapid population 
growth. Earlier this month, I had the opportunity to participate in an 
Arizona Water Conservation Forum which was attended by educators, 
business leaders, and State and local officials. I think the majority 
of us came away more aware of the management measures needed to provide 
for a more secure water future.
  This bill promotes an important opportunity to encourage sound water 
management in Northern Arizona by supporting the creation of a 
collaborative, science-based decision-making

[[Page 699]]

body to advance essential planning and management at the State and 
local level. To be successful, this effort will require the involvement 
of all the stakeholders with water supply responsibilities and 
interests and a solid foundation of knowledge about available resources 
and existing demands. We are fortunate to have an existing model of 
collaborative science-based water resource planning and management with 
the Upper San Pedro Partnership in the Sierra Vista subwatershed of 
Arizona. In my view, the establishment of a similar, cooperative body 
in the Verde Basin will be a vital step in assuring the wise use of our 
limited water resources.
  I look forward to the expeditious passage of this legislation in this 
Congress and again thank all of the parties involved with this effort 
during the past several years. I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 161

       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 ``Northern 
     Arizona Land Exchange and Verde River Basin Partnership Act 
     of 2005''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                TITLE I--NORTHERN ARIZONA LAND EXCHANGE

Sec. 101. Definitions.
Sec. 102. Land exchange.
Sec. 103. Description of non-Federal land.
Sec. 104. Description of Federal land.
Sec. 105. Status and management of land after exchange.
Sec. 106. Miscellaneous provisions.
Sec. 107. Conveyance of additional land.

                TITLE II--VERDE RIVER BASIN PARTNERSHIP

Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Verde River Basin Partnership.
Sec. 204. Verde River Basin studies.
Sec. 205. Verde River Basin Partnership final report.
Sec. 206. Memorandum of understanding.
Sec. 207. Effect.

                TITLE I--NORTHERN ARIZONA LAND EXCHANGE

     SEC. 101. DEFINITIONS.

       In this title:
       (1) Camp.--The term ``camp'' means Camp Pearlstein, 
     Friendly Pines, Patterdale Pines, Pine Summit, Sky Y, and 
     Young Life Lost Canyon camps in the State of Arizona.
       (2) Cities.--The term ``cities'' means the cities of 
     Flagstaff, Williams, and Camp Verde, Arizona.
       (3) Federal land.--The term ``Federal land'' means the land 
     described in section 104.
       (4) Non-federal land.--The term ``non-Federal land'' means 
     the land described in section 103.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (6) Yavapai ranch.--The term ``Yavapai Ranch'' means the 
     Yavapai Ranch Limited Partnership, an Arizona Limited 
     Partnership, and the Northern Yavapai, L.L.C., an Arizona 
     Limited Liability Company.

     SEC. 102. LAND EXCHANGE.

       (a) In General.--(1) Upon the conveyance by Yavapai Ranch 
     of title to the non-Federal land identified in section 103, 
     the Secretary shall simultaneously convey to Yavapai Ranch 
     title to the Federal land identified in section 104.
       (2) Title to the lands to be exchanged shall be in a form 
     acceptable to the Secretary and Yavapai Ranch.
       (3) The Federal and non-Federal lands to be exchanged under 
     this title may be modified prior to the exchange as provided 
     in this title.
       (4)(A) By mutual agreement, the Secretary and Yavapai Ranch 
     may make minor and technical corrections to the maps and 
     legal descriptions of the lands and interests therein 
     exchanged or retained under this title, including changes, if 
     necessary to conform to surveys approved by the Bureau of 
     Land Management.
       (B) In the case of any discrepancy between a map and legal 
     description, the map shall prevail unless the Secretary and 
     Yavapai Ranch agree otherwise.
       (b) Exchange Process.--(1) Except as otherwise provided in 
     this title, the land exchange under subsection (a) shall be 
     undertaken in accordance with section 206 of the Federal Land 
     Policy and Management Act (43 U.S.C. 1716).
       (2) Before completing the land exchange under this title, 
     the Secretary shall perform any necessary land surveys and 
     pre-exchange inventories, clearances, reviews, and approvals, 
     including those relating to hazardous materials, threatened 
     and endangered species, cultural and historic resources, and 
     wetlands and flood plains.
       (c) Equal Value Exchange.--(1) The value of the Federal 
     land and the non-Federal land shall be equal, or equalized by 
     the Secretary by adjusting the acreage of the Federal land in 
     accordance with paragraph (2).
       (2) If the final appraised value of the Federal land 
     exceeds the final appraised value of the non-Federal land, 
     prior to making other adjustments, the Federal lands shall be 
     adjusted by deleting all or part of the parcels or portions 
     of the parcels in the following order:
       (A) A portion of the Camp Verde parcel described in section 
     104(a)(4), comprising approximately 316 acres, located in the 
     Prescott National Forest, and more particularly described as 
     lots 1, 5, and 6 of section 26, the NE\1/4\NE\1/4\ portion of 
     section 26 and the N\1/2\N\1/2\ portion of section 27, 
     Township 14 North, Range 4 East, Gila and Salt River Base and 
     Meridian, Yavapai County, Arizona.
       (B) A portion of the Camp Verde parcel described in section 
     104(a)(4), comprising approximately 314 acres, located in the 
     Prescott National Forest, and more particularly described as 
     lots 2, 7, 8, and 9 of section 26, the SE\1/4\NE\1/4\ portion 
     of section 26, and the S\1/2\N\1/2\ of section 27, Township 
     14 North, Range 4 East, Gila and Salt River Base and 
     Meridian, Yavapai County, Arizona.
       (C) Beginning at the south boundary of section 31, Township 
     20 North, Range 5 West, Gila and Salt River Base and 
     Meridian, Yavapai County, Arizona, and sections 33 and 35, 
     Township 20 North, Range 6 West, Gila and Salt River Base and 
     Meridian, Yavapai County, Arizona, by adding to the non-
     Federal land to be conveyed to the United States in \1/8\-
     section increments (E-W 64th line) while deleting from the 
     conveyance to Yavapai Ranch Federal land in the same 
     incremental portions of section 32, Township 20 North, Range 
     5 West, Gila and Salt River Base and Meridian, Yavapai 
     County, Arizona, and sections 32, 34, and 36 in Township 20 
     North, Range 6 West, Gila and Salt River Base and Meridian, 
     Yavapai County, Arizona, to establish a linear and continuous 
     boundary that runs east-to-west across the sections.
       (D) Any other parcels, or portions thereof, agreed to by 
     the Secretary and Yavapai Ranch.
       (3) If any parcel of Federal land or non-Federal land is 
     not conveyed because of any reason, that parcel of land, or 
     portion thereof, shall be excluded from the exchange and the 
     remaining lands shall be adjusted as provided in this 
     subsection.
       (4) If the value of the Federal land exceeds the value of 
     the non-Federal land by more than $50,000, the Secretary and 
     Yavapai Ranch shall, by mutual agreement, delete additional 
     Federal land from the exchange until the value of the Federal 
     land and non-Federal land is, to the maximum extent 
     practicable, equal.
       (d) Appraisals.--(1) The value of the Federal land and non-
     Federal land shall be determined by appraisals prepared in 
     accordance with the Uniform Appraisal Standards for Federal 
     Land Acquisitions and the Uniform Standards of Professional 
     Appraisal Practice.
       (2)(A) After the Secretary has reviewed and approved the 
     final appraised values of the Federal land and non-Federal 
     land to be exchanged, the Secretary shall not be required to 
     reappraise or update the final appraised values before the 
     completion of the land exchange.
       (B) This paragraph shall apply during the three-year period 
     following the approval by the Secretary of the final 
     appraised values of the Federal land and non-Federal land 
     unless the Secretary and Yavapai Ranch have entered into an 
     agreement to implement the exchange.
       (3) During the appraisal process, the appraiser shall 
     determine the value of each parcel of Federal land and non-
     Federal land (including the contributory value of each 
     individual section of the intermingled Federal and non-
     Federal land of the property described in sections 103(a) and 
     104(a)(1)) as an assembled transaction.
       (4)(A) To ensure the timely and full disclosure to the 
     public of the final appraised values of the Federal land and 
     non-Federal land, the Secretary shall provide public notice 
     of any appraisals approved by the Secretary and copies of 
     such appraisals shall be available for public inspection in 
     appropriate offices of the Prescott, Coconino, and Kaibab 
     National Forests.
       (B) The Secretary shall also provide copies of any approved 
     appraisals to the cities and the owners of the camps 
     described in section 101(1).
       (e) Contracting.--(1) If the Secretary lacks adequate staff 
     or resources to complete the exchange by the date specified 
     in section 106(c), Yavapai Ranch, subject to the agreement of 
     the Secretary, may contract with independent third-party 
     contractors to carry out any work necessary to complete the 
     exchange by that date.
       (2) If, in accordance with this subsection, Yavapai Ranch 
     contracts with an independent third-party contractor to carry 
     out any work that would otherwise be performed by the 
     Secretary, the Secretary shall reimburse Yavapai Ranch for 
     the costs for the third-party contractors.

[[Page 700]]

       (f) Easements.--(1) The exchange of non-Federal and Federal 
     land under this title shall be subject to any easements, 
     rights-of-way, utility lines, and any other valid 
     encumbrances in existence on the date of enactment of this 
     Act, including acquired easements for water pipelines as 
     generally depicted on the map entitled ``Yavapai Ranch Land 
     Exchange, YRLP Acquired Easements for Water Lines'' dated 
     August 2004, and any other reservations that may be agreed to 
     by the Secretary and Yavapai Ranch.
       (2) Upon completion of the land exchange under this title, 
     the Secretary and Yavapai Ranch shall grant each other at no 
     charge reciprocal easements for access and utilities across, 
     over, and through--
       (A) the routes depicted on the map entitled ``Yavapai Ranch 
     Land Exchange, Road and Trail Easements, Yavapai Ranch Area'' 
     dated August 2004; and
       (B) any relocated routes that are agreed to by the 
     Secretary and Yavapai Ranch.
       (3) An easement described in paragraph (2) shall be 
     unrestricted and non-exclusive in nature and shall run with 
     and benefit the land.
       (g) Conveyance of Federal Land to Cities and Camps.--(1) 
     Prior to the completion of the land exchange between Yavapai 
     Ranch and the Secretary, the cities and the owners of the 
     camps may enter into agreements with Yavapai Ranch whereby 
     Yavapai Ranch, upon completion of the land exchange, will 
     convey to the cities or the owners of the camps the 
     applicable parcel of Federal land or portion thereof.
       (2) If Yavapai Ranch and the cities or camp owners have not 
     entered into agreements in accordance with paragraph (1), the 
     Secretary shall, on notification by the cities or owners of 
     the camps no later than 30 days after the date the relevant 
     approved appraisal is made publicly available, delete the 
     applicable parcel or portion thereof from the land exchange 
     between Yavapai Ranch and the United States as follows:
       (A) Upon request of the City of Flagstaff, Arizona, the 
     parcels, or portion thereof, described in section 104(a)(2).
       (B) Upon request of the City of Williams, Arizona, the 
     parcels, or portion thereof, described in section 104(a)(3).
       (C) Upon request of the City of Camp Verde, Arizona, a 
     portion of the parcel described in section 104(a)(4), 
     comprising approximately 514 acres located southeast of the 
     southeastern boundary of the I-17 right-of-way, and more 
     particularly described as the SE\1/4\ portion of the 
     southeast quarter of section 26, the E\1/2\ and the E\1/
     2\W\1/2\ portions of section 35, and lots 5 through 7 of 
     section 36, Township 14 North, Range 4 East, Gila and Salt 
     River Base and Meridian, Yavapai County, Arizona.
       (D) Upon request of the owners of the Younglife Lost Canyon 
     camp, the parcel described in section 104(a)(5).
       (E) Upon request of the owner of Friendly Pines Camp, 
     Patterdale Pines Camp, Camp Pearlstein, Pine Summit, or Sky Y 
     Camp, as applicable, the corresponding parcel described in 
     section 104(a)(6).
       (3)(A) Upon request of the specific city or camp referenced 
     in paragraph (2), the Secretary shall convey to such city or 
     camp all right, title, and interest of the United States in 
     and to the applicable parcel of Federal land or portion 
     thereof, upon payment of the fair market value of the parcel 
     and subject to any terms and conditions the Secretary may 
     require.
       (B) A conveyance under this paragraph shall not require new 
     administrative or environmental analyses or appraisals beyond 
     those prepared for the land exchange.
       (4) A city or owner of a camp purchasing land under this 
     subsection shall reimburse Yavapai Ranch for any costs 
     incurred which are directly associated with surveys and 
     appraisals of the specific property conveyed.
       (5) A conveyance of land under this subsection shall not 
     affect the timing of the land exchange.
       (6) Nothing in this subsection limits the authority of the 
     Secretary or Yavapai Ranch to delete any of the parcels 
     referenced in this subsection from the land exchange.
       (7)(A) The Secretary shall deposit the proceeds of any sale 
     under paragraph (2) in a special account in the fund 
     established under Public Law 90-171 (commonly known as the 
     ``Sisk Act'') (16 U.S.C. 484a).
       (B) Amounts deposited under subparagraph (A) shall be 
     available to the Secretary, without further appropriation, to 
     be used for the acquisition of land in the State of Arizona 
     for addition to the National Forest System, including the 
     land to be exchanged under this title.

     SEC. 103. DESCRIPTION OF NON-FEDERAL LAND.

       (a) In General.--The non-Federal land referred to in this 
     title consists of approximately 35,000 acres of privately-
     owned land within the boundaries of the Prescott National 
     Forest, as generally depicted on the map entitled ``Yavapai 
     Ranch Land Exchange, Non-Federal Lands'', dated August 2004.
       (b) Easements.--(1) The conveyance of non-Federal land to 
     the United States under section 102 shall be subject to the 
     reservation of--
       (A) water rights and perpetual easements that run with and 
     benefit the land retained by Yavapai Ranch for--
       (i) the operation, maintenance, repair, improvement, 
     development, and replacement of not more than 3 wells in 
     existence on the date of enactment of this Act;
       (ii) related storage tanks, valves, pumps, and hardware; 
     and
       (iii) pipelines to point of use; and
       (B) easements for reasonable access to accomplish the 
     purposes of the easements described in subparagraph (A).
       (2) Each easement for an existing well referred to in 
     paragraph (1) shall be 40 acres in area, and to the maximum 
     extent practicable, centered on the existing well.
       (3) The United States shall be entitled to one-half the 
     production of each existing or replacement well, not to 
     exceed a total of 3,100,000 gallons of water annually for 
     National Forest System purposes.
       (4) The locations of the easements and wells shall be as 
     generally depicted on the map entitled ``Yavapai Ranch Land 
     Exchange, Reserved Easements for Water Lines and Wells'', 
     dated August 2004.

     SEC. 104. DESCRIPTION OF FEDERAL LAND.

       (a) In General.--The Federal land referred to in this title 
     consists of the following:
       (1) Certain land comprising approximately 15,300 acres 
     located in the Prescott National Forest, as generally 
     depicted on the map entitled ``Yavapai Ranch Land Exchange, 
     Yavapai Ranch Area Federal Lands'', dated August 2004.
       (2) Certain land located in the Coconino National Forest--
       (A) comprising approximately 1,500 acres as generally 
     depicted on the map entitled ``Yavapai Ranch Land Exchange, 
     Flagstaff Federal Lands Airport Parcel'', dated August 2004; 
     and
       (B) comprising approximately 28.26 acres in two separate 
     parcels, as generally depicted on the map entitled ``Yavapai 
     Ranch Land Exchange, Flagstaff Federal Lands Wetzel School 
     and Mt. Elden Parcels'', dated August 2004.
       (3) Certain land located in the Kaibab National Forest, and 
     referred to as the Williams Airport, Williams golf course, 
     Williams Sewer, Buckskinner Park, Williams Railroad, and Well 
     parcels number 2, 3, and 4, cumulatively comprising 
     approximately 950 acres, as generally depicted on the map 
     entitled ``Yavapai Ranch Land Exchange, Williams Federal 
     Lands'', dated August 2004.
       (4) Certain land located in the Prescott National Forest, 
     comprising approximately 2,200 acres, as generally depicted 
     on the map entitled ``Yavapai Ranch Land Exchange, Camp Verde 
     Federal Land General Crook Parcel'', dated August 2004.
       (5) Certain land located in the Kaibab National Forest, 
     comprising approximately 237.5 acres, as generally depicted 
     on the map entitled ``Yavapai Ranch Land Exchange, Younglife 
     Lost Canyon'', dated August 2004.
       (6) Certain land located in the Prescott National Forest, 
     including the ``Friendly Pines'', ``Patterdale Pines'', 
     ``Camp Pearlstein'', ``Pine Summit'', and ``Sky Y'' camps, 
     cumulatively comprising approximately 200 acres, as generally 
     depicted on the map entitled ``Yavapai Ranch Land Exchange, 
     Prescott Federal Lands, Summer Youth Camp Parcels'', dated 
     August 2004.
       (b) Condition of Conveyance of Camp Verde Parcel.--(1) To 
     conserve water in the Verde Valley, Arizona, and to minimize 
     the adverse impacts from future development of the Camp Verde 
     General Crook parcel described in subsection (a)(4) on 
     current and future holders of water rights in existence of 
     the date of enactment of this Act and the Verde River and 
     National Forest System lands retained by the United States, 
     the United States shall limit in perpetuity the use of water 
     on the parcel by reserving conservation easements that--
       (A) run with the land;
       (B) prohibit golf course development on the parcel;
       (C) require that any public park or greenbelt on the parcel 
     be watered with treated wastewater;
       (D) limit total post-exchange water use on the parcel to 
     not more than 300 acre-feet of water per year;
       (E) provide that any water supplied by municipalities or 
     private water companies shall count towards the post-exchange 
     water use limitation described in subparagraph (D); and
       (F) except for water supplied to the parcel by municipal 
     water service providers or private water companies, require 
     that any water used for the parcel not be withdrawn from 
     wells perforated in the saturated Holocene alluvium of the 
     Verde River.
       (2) If Yavapai Ranch conveys the Camp Verde parcel 
     described in subsection (a)(4), or any portion thereof, the 
     terms of conveyance shall include a recorded and binding 
     agreement of the quantity of water available for use on the 
     land conveyed, as determined by Yavapai Ranch, except that 
     total water use on the Camp Verde parcel may not exceed the 
     amount specified in paragraph (1)(D).
       (3) The Secretary may enter into a memorandum of 
     understanding with the State or political subdivision of the 
     State to enforce the terms of the conservation easement.

     SEC. 105. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE.

       (a) In General.--Land acquired by the United States under 
     this title shall become

[[Page 701]]

     part of the Prescott National Forest and shall be 
     administered by the Secretary in accordance with this title 
     and the laws applicable to the National Forest System.
       (b) Grazing.--Where grazing on non-Federal land acquired by 
     the Secretary under this title occurs prior to the date of 
     enactment of this Act, the Secretary may manage the land to 
     allow for continued grazing use, in accordance with the laws 
     generally applicable to domestic livestock grazing on 
     National Forest System land.
       (c) Timber Harvesting.--(1) After completion of the land 
     exchange under this title, except as provided in paragraph 
     (2), commercial timber harvesting shall be prohibited on the 
     non-Federal land acquired by the United States.
       (2) Timber harvesting may be conducted on the non-Federal 
     land acquired under this title if the Secretary determines 
     that such harvesting is necessary--
       (A) to prevent or control fires, insects, and disease 
     through forest thinning or other forest management 
     techniques;
       (B) to protect or enhance grassland habitat, watershed 
     values, native plants and wildlife species; or
       (C) to improve forest health.

     SEC. 106. MISCELLANEOUS PROVISIONS.

       (a) Revocation of Orders.--Any public orders withdrawing 
     any of the Federal land from appropriation or disposal under 
     the public land laws are revoked to the extent necessary to 
     permit disposal of the Federal land.
       (b) Withdrawal of Federal Land.--Subject to valid existing 
     rights, the Federal land is withdrawn from all forms of entry 
     and appropriation under the public land laws; location, 
     entry, and patent under the mining laws; and operation of the 
     mineral leasing and geothermal leasing laws, until the date 
     on which the land exchange is completed.
       (c) Completion of Exchange.--It is the intent of Congress 
     that the land exchange authorized and directed under this 
     title be completed not later than 18 months after the date of 
     enactment of this Act.

     SEC. 107. CONVEYANCE OF ADDITIONAL LAND.

       (a) In General.--The Secretary shall convey to a person 
     that represents the majority of landowners with encroachments 
     on the lot by quitclaim deed the parcel of land described in 
     subsection (b).
       (b) Description of Land.--The parcel of land referred to in 
     subsection (a) is lot 8 in section 11, T. 21 N., R. 7 E., 
     Gila and Salt River Base and Meridian, Coconino County, 
     Arizona.
       (c) Amount of Consideration.--In exchange for the land 
     described in subsection (b), the person acquiring the land 
     shall pay to the Secretary consideration in the amount of--
       (1) $2500; plus
       (2) any costs of re-monumenting the boundary of land.
       (d) Timing.--(1) Not later than 90 days after the date on 
     which the Secretary receives a power of attorney executed by 
     the person acquiring the land, the Secretary shall convey to 
     the person the land described in subsection (b).
       (2) If, by the date that is 270 days after the date of 
     enactment of this Act, the Secretary does not receive the 
     power of attorney described in paragraph (1)--
       (A) the authority provided under this section shall 
     terminate; and
       (B) any conveyance of the land shall be made under Public 
     Law 97-465 (16 U.S.C. 521c et seq.).

                TITLE II--VERDE RIVER BASIN PARTNERSHIP

     SEC. 201. PURPOSE.

       The purpose of this title is to authorize assistance for a 
     collaborative and science-based water resource planning and 
     management partnership for the Verde River Basin in the State 
     of Arizona, consisting of members that represent--
       (1) Federal, State, and local agencies; and
       (2) economic, environmental, and community water interests 
     in the Verde River Basin.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Director.--The term ``Director'' means the Director of 
     the Arizona Department of Water Resources.
       (2) Partnership.--The term ``Partnership'' means the Verde 
     River Basin Partnership.
       (3) Plan.--The term ``plan'' means the plan for the Verde 
     River Basin required by section 204(a)(1).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (5) State.--The term ``State'' means the State of Arizona.
       (6) Verde river basin.--The term ``Verde River Basin'' 
     means the land area designated by the Arizona Department of 
     Water Resources as encompassing surface water and groundwater 
     resources, including drainage and recharge areas with a 
     hydrologic connection to the Verde River.
       (7) Water budget.--The term ``water budget'' means the 
     accounting of--
       (A) the quantities of water leaving the Verde River Basin--
       (i) as discharge to the Verde River and tributaries;
       (ii) as subsurface outflow;
       (iii) as evapotranspiration by riparian vegetation;
       (iv) as surface evaporation;
       (v) for agricultural use; and
       (vi) for human consumption; and
       (B) the quantities of water replenishing the Verde River 
     Basin by precipitation, infiltration, and subsurface inflows.

     SEC. 203. VERDE RIVER BASIN PARTNERSHIP.

       (a) In General.--The Secretary may participate in the 
     establishment of a partnership, to be known as the ``Verde 
     River Basin Partnership'', made up of Federal, State, local 
     governments, and other entities with responsibilities and 
     expertise in water to coordinate and cooperate in the 
     identification and implementation of comprehensive science-
     based policies, projects, and management activities relating 
     to the Verde River Basin.
       (b) Authorization of Appropriations.--On establishment of 
     the Partnership, there are authorized to be appropriated to 
     the Secretary and the Secretary of the Interior such sums as 
     are necessary to carry out the activities of the Partnership 
     for each of fiscal years 2006 through 2010.

     SEC. 204. VERDE RIVER BASIN STUDIES.

       (a) Studies.--
       (1) In general.--The Partnership shall prepare a plan for 
     conducting water resource studies in the Verde River Basin 
     that identifies--
       (A) the primary study objectives to fulfill water resource 
     planning and management needs for the Verde River Basin; and
       (B) the water resource studies, hydrologic models, surface 
     and groundwater monitoring networks, and other analytical 
     tools helpful in the identification of long-term water supply 
     management options within the Verde River Basin.
       (2) Requirements.--At a minimum, the plan shall--
       (A) include a list of specific studies and analyses that 
     are needed to support Partnership planning and management 
     decisions;
       (B) identify any ongoing or completed water resource or 
     riparian studies that are relevant to water resource planning 
     and management for the Verde River Basin;
       (C) describe the estimated cost and duration of the 
     proposed studies and analyses; and
       (D) designate as a study priority the compilation of a 
     water budget analysis for the Verde Valley.
       (b) Verde Valley Water Budget Analysis.--
       (1) In general.--Subject to the availability of 
     appropriations, not later than 14 months after the date of 
     enactment of this Act, the Director of the U.S. Geological 
     Survey, in cooperation with the Director, shall prepare and 
     submit to the Partnership a report that provides a water 
     budget analysis of the portion of the Verde River Basin 
     within the Verde Valley.
       (2) Components.--The report submitted under paragraph (1) 
     shall include--
       (A) a summary of the information available on the 
     hydrologic flow regime for the portion of the Middle Verde 
     River from the Clarkdale streamgauging station to the city of 
     Camp Verde at United States Geological Survey Stream Gauge 
     09506000;
       (B) with respect to the portion of the Middle Verde River 
     described in subparagraph (A), estimates of--
       (i) the inflow and outflow of surface water and 
     groundwater;
       (ii) annual consumptive water use; and
       (iii) changes in groundwater storage; and
       (C) an analysis of the potential long-term consequences of 
     various water use scenarios on groundwater levels and Verde 
     River flows.
       (c) Preliminary Report and Recommendations.--.
       (1) In general.--Not later than 16 months after the date of 
     enactment of this Act, using the information provided in the 
     report submitted under subsection (b) and any other relevant 
     information, the Partnership shall submit to the Secretary, 
     the Governor of Arizona, and representatives of the Verde 
     Valley communities, a preliminary report that sets forth the 
     findings and recommendations of the Partnership regarding the 
     long-term available water supply within the Verde Valley.
       (2) Consideration of recommendations.--The Secretary may 
     take into account the recommendations included in the report 
     submitted under paragraph (1) with respect to decisions 
     affecting land under the jurisdiction of the Secretary, 
     including any future sales or exchanges of Federal land in 
     the Verde River Basin after the date of enactment of this 
     Act.
       (3) Effect.--Any recommendations included in the report 
     submitted under paragraph (1) shall not affect the land 
     exchange process or the appraisals of the Federal land and 
     non-Federal land conducted under sections 103 and 104.

     SEC. 205. VERDE RIVER BASIN PARTNERSHIP FINAL REPORT.

       Not later than 4 years after the date of enactment of this 
     Act, the Partnership shall submit to the Secretary and the 
     Governor of Arizona a final report that--
       (1) includes a summary of the results of any water resource 
     assessments conducted under this title in the Verde River 
     Basin;

[[Page 702]]

       (2) identifies any areas in the Verde River Basin that are 
     determined to have groundwater deficits or other current or 
     potential water supply problems;
       (3) identifies long-term water supply management options 
     for communities and water resources within the Verde River 
     Basin; and
       (4) identifies water resource analyses and monitoring 
     needed to support the implementation of management options.

     SEC. 206. MEMORANDUM OF UNDERSTANDING.

       The Secretary (acting through the Chief of the Forest 
     Service) and the Secretary of the Interior, shall enter into 
     a memorandum of understanding authorizing the United States 
     Geological Survey to access Forest Service land (including 
     stream gauges, weather stations, wells, or other points of 
     data collection on the Forest Service land) to carry out this 
     title.

     SEC. 207. EFFECT.

       Nothing in this title diminishes or expands State or local 
     jurisdiction, responsibilities, or rights with respect to 
     water resource management or control.

  Mr. KYL. Mr. President, today, I am pleased to join with Senator 
McCain to introduce the Northern Arizona Land Exchange and Verde River 
Basin Partnership Act of 2005. This bill facilitates a large and 
complex land exchange of over 50,000 acres of Federal and private land 
in Arizona to consolidate the largest remaining checkerboard ownership 
in the State. It also encourages the formation of a partnership between 
Federal, State, and local stakeholders to facilitate sound water 
resource planning and management in the Verde River Basin. This bill is 
the product of two years of discussions and compromise between the 
Arizona delegation, United States Forest Service, community groups, 
local officials, and other stakeholders. The bill passed the Senate 
last session, but unfortunately was not enacted before adjournment. I 
am introducing this legislation with the hope that the Senate will act 
quickly to pass it early in this Congress.
  The bill is divided into two titles. Title I provides the framework 
for the land exchange between Yavapai Ranch Limited Partnership and the 
United States Forest Service. Title II outlines the key aspects of the 
Verde River Basin Partnership. The land exchange outlined in Title I is 
a fair and equitable exchange that will yield many environmental 
benefits to the citizens of Arizona. It will place approximately 35,000 
acres of private land in federal ownership for public use. This acreage 
is important ecologically because it contains such key features as old 
growth ponderosa pine, and high quality grassland that serves as 
excellent habitat for pronghorn antelope and is critical to the 
preservation of the watershed. In addition, it consolidates under 
Forest Service ownership a 110-square mile area in the Prescott 
National Forest near the existing Juniper Mesa Wilderness, to preserve 
the area in its natural state. Without this land exchange, these 
private tracts would be open to future development. I am pleased that 
this bill will preserve them for future generations.
  The land exchange also significantly improves the management of the 
Prescott National Forest. The existing checkboard ownership pattern 
makes management and access difficult. By consolidating this land, the 
exchange will enable the Forest Service will be able to effectively 
apply forest restoration treatments to reduce the fire risk and improve 
the overall health of the forest. I cannot emphasize enough how crucial 
this is, given the history of devastating forest fires in the state.
  In addition to protecting Arizona's natural resources, Title I of the 
bill allows several Northern Arizona communities to accommodate future 
growth and economic development, and to meet other municipal needs. 
This exchange will allow the cities of Flagstaff and Williams to expand 
their airports, meet their water-treatment needs, and develop town 
parks and recreation areas. The town of Camp Verde will have an 
opportunity to acquire land to build an emergency center and protect 
its viewshed. Several youth organizations will be able to acquire land 
for their camps.
  This bill addresses one of the most crucial challenges facing 
Arizona: sound management of water resources. I have heard from many 
state and local officials, and the constituents affected by the land 
exchange, that we needed to do more in this bill to address water 
issues. I note in response that this bill has two key features: First, 
it establishes a conservation easement on the Camp Verde General Crook 
parcel, which limits water use after private acquisition to just 300 
acre feet a year. This limitation was strengthened from the previous 
versions of the bill which included a use restriction of 700 acre feet 
a year. This provision sets an important precedent for responsible 
water use in the Verde Valley and across the state. Second, and most 
recently, Senator McCain and I added Title II to the bill. This title 
facilitates and encourages the creation of the Verde River Basin 
Partnership to examine water issues in the long term. Such a 
collaborative, multi-stakeholder group would be authorized to receive 
federal assistance to develop the scientific and technical data needed 
to make sound water-management decisions.
  Finally, this bill saves significant taxpayer dollars. It obviates 
the administrative route for a land exchange; doing an exchange of this 
size administratively would require considerable financial and 
personnel resources from the Forest Service. The agency estimates that 
using legislation instead will cost half as much as the administrative 
alternative--resulting in potential savings to the taxpayers in excess 
of $500,000.
  This land exchange is a unique opportunity to protect Arizona's 
natural resources, accommodate the state's tremendous growth, and plan 
for the future. I intend to work with my colleagues to ensure that we 
pass this important legislation this year.
                                 ______
                                 
      By Mr. ROCKEFELLER:
  S. 162. A bill to amend chapter 99 of the Internal Revenue code of 
1986 to clarify that certain coal industry health benefits may not be 
modified or terminated; to the Committee on Finance.
  Mr. ROCKEFELLER. Mr. President, today I am introducing legislation to 
make very clear that Congress fully protected the health insurance 
benefits of miners and their families when we passed the Coal Act in 
1992. This legislation is identical to S. 3004 which I introduced in 
the 108th Congress. Unfortunately, it is necessary, because we have 
recently seen bankruptcy courts disregard the Coal Act and absolve 
companies of their obligations to provide health benefits for workers 
and retirees. This is unacceptable. And the bill I am introducing today 
reiterates that the bankruptcy code does not supersede the Coal Act.
  Last fall, another company abandoned promises it made to workers and 
retirees in West Virginia. Horizon Natural Resources sought and 
received a court ruling that released it from its contracts with union 
miners and allowed it to avoid honoring health care benefit obligations 
for over 2,300 retired miners. This is a morally bankrupt corporate 
strategy, and is inconsistent with the Coal Act passed by Congress in 
1992.
  The Coal Act was needed in 1992 to prevent some companies from 
walking away from their clear contractual obligations and agreements 
with their workers. One of the provisions of that bill was written 
especially with the intent of not allowing companies to simply 
reorganize as a way to get out of their obligations to their workers. 
Unfortunately, too many companies are increasingly using bankruptcy 
courts to achieve the same results.
  It should not be necessary for me to introduce this bill today. 
Congress has already spoken on this subject. The law is clear: Coal Act 
retirees are entitled to full benefits provided under the statute. No 
judge should rewrite the law to take those benefits away. However, 
because judges are legislating from the bench, it will be helpful for 
Congress to reiterate our intention to protect the health benefits of 
coal miners and their families.
  This issue is extremely important to all of those who are being 
victimized by the bankruptcy courts. I hope that my colleagues will 
join me in this effort to protect the miners, retired miners, and 
families who are simply seeking the benefits they were promised in 
exchange for years of hard work.
  I ask unanimous consent that the text of the bill be printed in the 
Record.

[[Page 703]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 162

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

     SECTION 1. PROTECTION OF COAL INDUSTRY HEALTH BENEFITS.

        Section 9711(g) of the Internal Revenue Code of 1986 
     (relating to rules applicable to this part and part II) is 
     amended by adding at the end the following new paragraph:
       ``(3) Prohibition on termination and modification of 
     benefits.--Except as provided in subsection (d), the benefits 
     required to be provided by a last signatory operator under 
     this chapter may not be terminated or modified by any court 
     in a proceeding under title 11 of the United States Code or 
     by agreement at any time when such operator is participating 
     in such a proceeding.''.
                                 ______
                                 
      By Mr. BENNETT:
  S. 163. A bill to establish the National Mormon Pioneer Heritage Area 
in the State of Utah, and for other purposes; to the Committee on 
Energy and Natural Resources.
  Mr. BENNETT. Mr. President, I rise today to re-introduce the National 
Mormon Pioneer Heritage Area Act.
  The story behind and about the Mormon pioneers' 1,400-mile trek from 
Illinois to the Great Salt Lake Valley is one of the most compelling 
and captivating in our Nation's history. This legislation would 
designate as a National Heritage Area an area that spans some 250 miles 
along Highway 89 and encompasses outstanding examples of historical, 
cultural, and natural resources that demonstrate the colonization of 
the western United States, and the experience and influence of the 
Mormon pioneers in furthering that colonization.
  The landscape, architecture, artisan skills, and events along Highway 
89 convey in a very real way the legacy of the Mormon pioneers' 
achievements. The community of Panquitch for example, has an annual 
Quilt Day celebration to commemorate the sacrifice and fortitude of its 
pioneers whose efforts saved the community from starvation in 1864. The 
celebration is in remembrance of the Quilt Walk, a walk in which a 
group of men from Panquitch used quilts to form a path that would bear 
their weight across the snow. This quilt walk enabled these men to 
cross over the mountains to procure food for their community, which was 
facing starvation as it experienced its first winter in Utah.
  Another example of the tenacity of pioneers can be seen today at the 
Hole-in-the-Rock. Here, in 1880, a group of 250 people, 80 wagons, and 
1,000 head of cattle upon the Colorado River Gorge. Finding no pathways 
down to the river, the pioneers decided to use a narrow crevice leading 
down to the bottom of the gorge. To make the crevice big enough to 
accommodate wagons, the pioneers spent 6 weeks enlarging the crevice by 
hand, using hammers, chisels, and blasting powder. They then attached 
large ropes to the wagons as they began their descent down the steep 
incline. It is because of such tenacity and innovation on the part of 
pioneers that the western United States was shaped the way it was and 
much of that has contributed to the way of life and landscape still 
found in the West today.
  The National Mormon Pioneer Heritage Area will serve as a special 
recognition of the people and places that have contributed greatly to 
our Nation's development. It will allow for the conservation of 
historical and cultural resources, the establishment of interpretive 
exhibits, will increase public awareness of the surviving skills and 
crafts of those living along Highway 89, and specifically allows for 
the preservation of historic buildings. In light of the benefits 
associated with preserving the rich heritage of the founding of many of 
the communities along Highway 89, my legislation has broad support from 
Sanpete, Sevier, Piute, Garfield, and Kane counties and is a locally 
based, locally supported undertaking.
  Since the introduction of this legislation in the 108th Congress, I 
am pleased that the local counties, who have been unanimously 
supportive of this legislation, have come together to outline in a 
Memorandum of Understanding, with the local coordinating entity 
identified in the legislation, the cooperative relationship the 
coordinating entity enjoys with the elected officials of the local 
counties.
  This legislation passed the Senate both in the 107th and 108th 
Congresses as part of packages agreed upon by the committee of 
jurisdiction. Unfortunately, both times the packages were not able to 
be considered by the other body prior to adjournment. I reintroduce 
this bill today with the hope that during this session of Congress we 
might achieve success in this body early enough to be considered by the 
House.
                                 ______
                                 
      By Mr. BENNETT:
  S. 164. A bill to provide for the acquisition of certain property in 
Washington County, Utah; to the Committee on Energy and Natural 
Resources.
  Mr. BENNETT. Mr. President, today I am re-introducing a bill which is 
intended to bring to a close the Federal acquisition of an important 
piece of privately held land, located within the federally designated 
desert tortoise reserve in Washington County, UT.
  As some of my colleagues are aware, this is not the first time 
legislation has been introduced in an attempt to resolve this issue. 
Most recently, on December 7, 2004, at the conclusion of the 108th 
Congress, the Senate passed by unanimous consent an amendment in the 
nature of a substitute to H.R. 620, which adopted as title XVI agreed 
upon provisions of S. 1209. Unfortunately, the House of Representatives 
adjourned sine die before it had time to act upon H.R. 620. The 
legislation I am introducing today is virtually the same as the 
language earlier adopted by the Senate, except for a technical 
clarification regarding management of the acquired lands.
  I want to personally express my appreciation to Chairman Domenici and 
his staff for their leadership and assistance on this issue. I would 
also like to thank the ranking minority member, Mr. Bingaman, the 
Department of the Interior, and their respective staffs, for their 
assistance and support of this measure.
  Earlier in July of 2000, I introduced S. 2873, which was referred to 
and reported favorably by the Senate Committee on Energy and Natural 
Resources. In addition, similar legislation was twice approved by the 
House of Representatives, both in the 106th and 107th Congresses. For 
over a decade, the private property addressed by this bill has been 
under Federal control and the Federal Government has enjoyed the 
benefits of the private property without fulfilling its constitutional 
obligation to compensate the landowner. The government's failure to 
timely acquire the landowner's private property has forced the 
landowner into bankruptcy. It is my hope that the time has come to 
finally resolve this issue.
  In March of 1991, the desert tortoise was listed as an endangered 
species under the Endangered Species Act. Government and environmental 
researchers determined that the land immediately north of St. George, 
UT, was prime desert tortoise habitat. Consequently, in February 1996, 
nearly 5 years after the listing, the United States Fish and Wildlife 
Service, USFWS, issued Washington County a Section 10 permit under the 
Endangered Species Act which paved the way for the adoption of a 
habitat conservation plan, HCP, and an implementation agreement. Under 
the Plan and Agreement, the Bureau of Land Management, BLM, committed 
to acquire all private lands in the designated habitat area for the 
formation of the Red Cliffs Reserve for the protection of the desert 
tortoise.
  One of the private land owners within the reserve is Environmental 
Land Technology, Ltd., ELT, which began acquiring lands from the State 
of Utah in 1981 for residential and recreational development several 
years prior to the listing of the species. Moreover, in the years 
preceding the listing of the desert tortoise and the adoption of the 
habitat conservation plan, ELT completed appraisals, cost estimates, 
engineering studies, site plans, surveys, utility layouts, and right-
of-way negotiations. ELT staked out golf courses, and obtained water 
rights for the development of this land. Prior to the

[[Page 704]]

adoption of the HCP, it was not clear which lands the Federal and local 
governments would set aside for the desert tortoise, although it was 
assumed that there were sufficient surrounding Federal lands to provide 
adequate habitat. However, when the HCP was adopted in 1996, the 
decision was made to include ELT's lands within the boundaries of the 
reserve primarily because of the high concentrations of tortoises. The 
tortoises on ELT land also appeared to be one of, if not the only 
population without an upper respiratory disease that afflicted all of 
the other populations. As a consequence of the inclusion of the ELT 
lands, ELT's development efforts were halted.
  With assurances from the Federal Government that the acquisition of 
the ELT development lands was a high priority, the owner negotiated 
with, and entered into, an assembled land exchange agreement with the 
BLM in anticipation of intrastate land exchanges. The private land 
owner then began a costly process of identifying comparable Federal 
lands within the State that would be suitable for an exchange for his 
lands in Washington County. Over the last 7 years, BLM and the private 
land owners, including ELT, have completed several exchanges, and the 
Federal Government has acquired, through those exchanges or direct 
purchases, nearly all of the private property located within the 
reserve, except for approximately 1,516 acres of the ELT development 
land. However, with the unforeseen creation of the Grand Staircase-
Escalante National Monument in September 1996, and the subsequent land 
exchanges between the State of Utah and the Federal Government to 
consolidate Federal lands within that monument, there are no longer 
sufficient comparable Federal lands within Utah to complete the 
originally contemplated intrastate exchanges for the remainder of the 
ELT land.
  Faced with this problem, and in light of the high priority the 
Department of the Interior has placed on acquiring these lands, BLM 
officials recommended that the ELT lands be acquired by direct 
purchase. During the FY 2000 budget process, BLM proposed that $30 
million be set aside to begin acquiring the remaining lands in 
Washington County. Unfortunately, because this project involves 
endangered species habitat and the USFWS is responsible for 
administering activities under the Endangered Species Act, the Office 
of Management and Budget shifted the $30 million from the BLM budget 
request to the USFWS's Cooperative Endangered Species Conservation Fund 
budget request. Ultimately, however, none of those funds was made 
available for BLM acquisitions within the Federal section of the 
reserve. Instead, the funds in that account were made available on a 
matching basis for the use of individual States to acquire wildlife 
habitat. The result of this bureaucratic fumbling has resulted in 
extreme financial hardship for ELT.
  The lands within the Red Cliffs Reserve are ELT's only asset. The 
establishment of the Washington County HCP has effectively taken this 
property and prevented ELT from developing or otherwise disposing of 
the property. ELT has been brought to the brink of financial ruin as it 
has exhausted its resources in an effort to hold the property while 
awaiting the compensation to which it is entitled. ELT has had to sell 
its remaining assets, and the private land owner has also had to sell 
his personal assets, including his home, to simply hold the property. 
This has become a financial crisis for the landowner. It is simply 
wrong for the Federal Government to expect the landowner to continue to 
bear the cost of the government's efforts to provide habitat for an 
endangered species. That is the responsibility of the Federal 
Government. Moreover, while the landowner is bearing these costs, he 
continues to pay taxes on the property. This situation is made more 
egregious by the failure of the Department of the Interior to request 
any acquisition funding for FY 2004 or FY 2005, even though this 
acquisition has been designated a high priority by the agency. Over the 
past several years, ELT has pursued all possible avenues to complete 
the acquisition of these lands. The private land owner has spent 
millions of dollars pursuing both intrastate and interstate land 
exchanges and has worked cooperatively with the Department of the 
Interior. Unfortunately, all of these efforts have thus far been 
fruitless.
  The bill that I am introducing today will finally bring this 
acquisition to a close. In my view, a legislative taking should be an 
action of last resort. But, if ever a case warranted legislative 
condemnation, this is it. This bill will transfer to the Federal 
Government all right, title, and interest in the ELT development 
property within the Red Cliffs Reserve, including an additional 34 
acres of landlocked real property owned by ELT adjacent to the land 
within the reserve. Subject to existing law, the Uniform Appraisal 
Standards for Federal Land Acquisitions and the Uniform Standards and 
Practices for Appraisal Professionals, USPAP, a United States Court of 
competent jurisdiction shall determine the value for the land.
  The bill includes language to allow, as part of the legislative 
taking, for the landowner to recover reasonable costs, interest, and 
damages, if any, as determined by the court. It is important to 
understand that, while Federal acquisitions should be completed on the 
basis of fair market value, when the Federal Government makes the 
commitment to acquire private land, the landowner should not have to be 
driven into financial ruin while waiting upon the Federal Government to 
discharge its obligation. While the Federal Government has never 
disputed its obligation to acquire the property, it has had the benefit 
of the private land for all these years without having to pay for it. 
The private landowner should not have to bear the costs of this Federal 
foot-dragging.
  This legislation is consistent with the high priority the Department 
of the Interior has repeatedly placed on this land acquisition, and is 
a necessary final step towards an equitable resolution. The time for 
pursuing other options has long since expired and it is unfortunate 
that it requires legislative action. Without commenting on the 
Endangered Species Act itself, it would seem that if it is the 
government's objective to provide habitat for the benefit of an 
endangered species, then the government ought to bear the costs, rather 
than forcing them upon the landowner. It is also time to address this 
issue so that the Federal agencies may be single-minded in their 
efforts to recover the desert tortoise which remains the aim of the 
creation of the reserve. This legislation simply codifies the status 
quo by enabling the private land owner to obtain the compensation to 
which he is constitutionally entitled. It is time to right this wrong 
and get on with the efforts to recover the species and I encourage my 
colleagues to again support the immediate enactment of this important 
legislation.
                                 ______
                                 
      By Mr. COLEMAN:
  S. 165. A bill for the relief of Tchisou Tho; to the Committee on the 
Judiciary.
  Mr. COLEMAN. Mr. President, today I am introducing a private relief 
bill for an outstanding young man from my State of Minnesota, Tchisou 
Tho.
  This legislation would allow Tchisou, a Hmong immigrant, to stay in 
this country by adjusting his status to permanent resident. Not only 
would this allow him to stay in the country he has lived in since he 
was 5 years old, but it will make him eligible for in-State tuition at 
the University of Minnesota.
  Tchisou's family came to the United States 14 years ago on a 
visitor's visa from France after fleeing Communist rule in Laos in 
1975. He was 5 years old at the time. They moved to Minnesota in 1993 
to find work and to give their children an opportunity to receive a 
quality education.
  Tchisou was an all-American high school kid. He watched movies, hung 
out at the mall with his friends and attended prom. He was an honor 
roll student, active in his community, church, and school. Tchisou was 
going to be the first member of his family to graduate from high 
school, and he was getting ready to begin his freshman year on a 
scholarship to the University of Minnesota.

[[Page 705]]

  But in May 2003, just as Tchisou was getting ready to graduate from 
high school, his family met with immigration officials to request 
changes to their immigration status. Instead, they received a 
deportation order.
  Tchisou's parents acknowledged that they had broken the law by 
overstaying their visas, and agreed to leave the country. But we all 
wanted Tchisou to have the chance to graduate with his high school 
class. Legislation I introduced last year allowed Tchisou to stay. And 
thanks to the compassion of the immigration authorities, Tchisou's 
family was allowed to remain in the country just long enough to see 
their son walk in his high school graduation ceremony. Shortly 
thereafter, Tchisou's parents and brothers and sisters returned to 
France as they promised, where they live today.
  Still focused on his educational goals and now living with his 
married sister in St. Paul, Tchisou enrolled at the University of 
Minnesota as an international student. However, he was required to pay 
out-of-State tuition and unfortunately had to drop out after one 
semester when he ran out of money.
  Determined to finish college, Tchisou is currently driving a forklift 
at the loading docks of a home improvement store, to save money for 
college while his immigration status is being sorted out. He was 
recently named employee of the month. Tchisou hopes to re-enroll at the 
University of Minnesota.
  I acknowledge that Tchisou's parents broke the law. They overstayed 
their visas to remain in this country, which they should not have done. 
And they have since been deported. But I think it would be unfair to 
punish Tchisou for the actions of his parents. This private relief bill 
would allow Tchisou the chance to live the American dream.
  With the help of my good friend and colleague, the senior Senator 
from Georgia, Chairman Chambliss, we were able to pass this legislation 
last year. I hope the Senate will be able to act on this important 
legislation early this year so that Tchisou may enroll at the 
University of Minnesota, graduate, and be an asset to our community.
  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. 165

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

     SECTION 1. PERMANENT RESIDENT STATUS FOR TCHISOU THO.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Tchisou Tho shall be eligible for the issuance of an 
     immigrant visa or for adjustment of status to that of an 
     alien lawfully admitted for permanent residence upon filing 
     an application for issuance of an immigrant visa under 
     section 204 of that Act (8 U.S.C. 1154) or for adjustment of 
     status to lawful permanent resident.
       (b) Adjustment of Status.--If Tchisou Tho enters the United 
     States before the filing deadline specified in subsection 
     (c), Tchisou Tho shall be considered to have entered and 
     remained lawfully and shall be eligible for adjustment of 
     status under section 245 of the Immigration and Nationality 
     Act (8 U.S.C. 1255) as of the date of enactment of this Act.
       (c) Deadline for Application and Payment of Fees.--
     Subsections (a) and (b) shall apply only if the application 
     for issuance of an immigrant visa or the application for 
     adjustment of status are filed with appropriate fees within 2 
     years after the date of enactment of this Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of an immigrant visa or permanent residence to Tchisou Tho, 
     the Secretary of State shall instruct the proper officer to 
     reduce by 1, during the current or next following fiscal 
     year, the total number of immigrant visas that are made 
     available to natives of the country of the aliens' birth 
     under section 203(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1153(a)) or, if applicable, the total number of 
     immigrant visas that are made available to natives of the 
     country of the aliens' birth under section 202(e) of that Act 
     (8 U.S.C. 1152(e)).
                                 ______
                                 
      By Mr. SMITH (for himself and Mr. Wyden):
  S. 166. A bill to amend the Oregon Resource Conservation Act of 1996 
to reauthorize the participation of the Bureau of Reclamation in the 
Deschutes River Conservancy, and for other purposes; to the Committee 
on Energy and Natural Resources.
  Mr. SMITH. Mr. President, today I am introducing legislation, 
cosponsored by my colleague from Oregon, to reauthorize participation 
by the Bureau of Reclamation in the Deschutes River Conservancy for an 
additional 10 years.
  The Deschutes River Conservancy, formerly know as the Deschutes 
Resources Conservancy, was originally authorized in 1996 as a pilot 
project. It was so successful it was reauthorized in the 106th 
Congress. The Conservancy is designed to achieve local consensus for 
on-the-ground projects to improve ecosystem health in the Deschutes 
River Basin.
  The Deschutes River is truly one of Oregon's greatest resources. It 
drains Oregon's high desert along the eastern front of the Cascades, 
eventually flowing into the Columbia River. It is the State's most 
intensively used recreational river. It provides water to both 
irrigation projects and to the city of Bend, which is one of Oregon's 
fastest growing cities. The Deschutes Basin also contains hundreds of 
thousands of acres of productive forest and rangelands, serves the 
treaty fishing and water rights of the Confederated Tribes of Warm 
Springs, and has Oregon's largest non-Federal hydroelectric project.
  By all accounts, the Deschutes River Conservancy has been a huge 
success. It has brought together diverse interests within the Basin, 
including irrigators, tribes, ranchers, environmentalists, an investor-
owned utility, local businesses, as well as local elected officials and 
representatives of State and Federal agencies. Together, the 
Conservancy board members have been able to develop project criteria 
and identify a number of water quality, water quantity, fish passage 
and habitat improvement projects that could be funded. Over the years, 
projects have been selected by consensus, and there must be a fifty-
fifty cost share from non-Federal sources.
  Over the past 8 years, they have been very successful at finding 
cooperative, market-based solutions to enhance the ecosystem in the 
basin. The Conservancy has used this approach to restore over ninety 
cubic-feet-per-second of streamflow in the Deschutes Basin. In 
addition, by planting over 100,000 trees, installing miles of riparian 
fencing, removing berms and reconstructing stream beds, the Conservancy 
has helped improve fish habitat and water quality along one hundred 
miles of the Deschutes River and its tributaries.
  The existing authorization provides for up to two million dollars 
each year for projects. This bill would continue that annual 
authorization ceiling for 10 years. Funds are provided through the 
Bureau of Reclamation, the group's lead Federal agency.
  The Deschutes River Conservancy enjoys widespread support in Oregon. 
It has very committed board members who represent diverse interests in 
the Basin. The high caliber of their work, and their pragmatic approach 
to ecosystem restoration have been recognized by others outside the 
region.
  I am convinced that Federal participation in this project needs to 
continue. This organization has helped to avoid the conflicts over 
water that we have seen in too many watersheds in the western United 
States. I urge my colleagues to continue support for this project. Not 
only is it important to central Oregon, but the Deschutes River 
Conservancy can serve as a national model for cooperative watershed 
restoration at the local level.
                                 ______
                                 
      By Mr. HATCH (for himself, Mr. Leahy, Mr. Cornyn, and Mrs. 
        Feinstein):
  S. 167. A bill to provide for the protection of intellectual property 
rights, and for other purposes; to the Committee on the Judiciary.
  Mr. HATCH. Mr. President, I rise today to introduce the Family 
Entertainment and Copyright Act of 2005. This important legislation 
consists of a package of smaller intellectual property bills that the 
House and Senate have been working to enact since last Congress. This 
legislation passed the Senate not once, but twice, during the waning 
days of the last Congress. Unfortunately, though, it was doomed by

[[Page 706]]

a non-germane amendment unrelated to intellectual property law. My hope 
is that we can work together this Congress to avoid this type of 
pitfall, and I commit to work with other members to do so.
  Before beginning my substantive discussion of the bill, I would like 
to thank my colleagues Senators Leahy, Cornyn, and Feinstein for their 
ongoing efforts on this legislation. Just as it was last year, this 
legislation is a group effort, and I want to take care to recognize the 
contributions and their excellent work along with that of 
Representatives Sensenbrenner, Smith, Berman, and Conyers in the House.
  Before going into a title-by-title discussion of the bill, I would 
like to express my particular support for the Family Movie Act, which 
has been included in this legislation. Chairman Lamar Smith and I 
worked on this bill last Congress. It's important legislation both to 
parents who want the ability to use new technologies to help shield 
their families from inappropriate content as well as the technology 
companies, such as ClearPlay in my home State of Utah, that are working 
to develop these technologies. The Family Movie Act will give parents 
more say over what their children see, without limiting the creative 
control of directors and movie studios.
  Title I of this Act, the Artists' Rights and Theft Prevention Act of 
2005, (the ART Act), contains a slightly modified version of S. 1932, 
authored by Senators Cornyn and Feinstein in the 108th Congress. This 
bill will close two significant gaps in our copyright laws that are 
feeding some of the piracy now rampant on the Internet.
  First, it criminalizes attempts to record movies off of theater 
screens. These camcorded copies of new movies now appear on filesharing 
networks almost contemporaneously with the theatrical release of a 
film. Several States have already taken steps to criminalize this 
activity, but providing a uniform Federal law--instead of a patchwork 
of State criminal statutes--will assist law enforcement officials in 
combating the theft and redistribution of valuable intellectual 
property embodied in newly-released motion pictures.
  Second, the bill will create a pre-registration system that will 
permit criminal penalties and statutory-damage awards. This will also 
provide a tool for law enforcement officials combating the growing 
problem of music and movies being distributed on filesharing networks 
and circulating on the Internet before they are even released. 
Obviously, the increasingly frequent situation of copyrighted works 
being distributed illegally via the Internet before they are even made 
available for sale to the public severely undercuts the ability of 
copyright holders to receive fair and adequate compensation for their 
works.
  Title II of this Act, the Family Movie Act of 2005 (the FMA), 
resolves some ongoing disputes about the legality of so-called ``jump-
and-skip'' technologies that companies like Clearplay in my home State 
of Utah have developed to permit family-friendly viewing of films that 
may contain objectionable content. The FMA creates a narrowly defined 
safe-harbor clarifying that distributors of such technologies will not 
face liability for copyright or trademark infringement, provided that 
they comply with the requirements of the Act. I have been working with 
my colleagues in the Senate and several leaders in the House--
including, most importantly Chairmen Smith and Sensenbrenner--for the 
past couple of years to resolve this issue. The FMA will help to end 
aggressive litigation threatening the viability of small companies like 
Clearplay which are busy creating innovative technologies for consumers 
that allow them to tailor their home viewing experience to their own 
individual or family preferences.
  The Family Movie Act creates a new exemption in section 110(11) of 
the Copyright Act for skipping and muting audio and video content in 
motion pictures during performances of an authorized copy of the motion 
picture taking place in the course of a private viewing in a household. 
The version passed last year by the House explicitly excluded from the 
scope of the new copyright exemption so-called ``ad-skipping'' 
technologies that make changes, deletions, or additions to commercial 
advertisements or to network or station promotional announcements that 
would otherwise be displayed before, during, or after the performance 
of the motion picture. This provision was included on the House floor 
to address the concerns of some Members who were concerned that a court 
might misread the new section 110(11) exemption to apply to ``ad-
skipping''' cases, such as in the recent litigation involving ReplayTV.
  In the Senate, however, some expressed concern that the inclusion of 
such explicit language could create unwanted inferences with respect to 
the merits of the legal positions at the heart of recent ``ad-
skipping'' litigation. Those issues remain unsettled in the courts, and 
it was never the intent of this legislation to resolve or affect those 
issues in any way. Indeed, the Copyright Act contains literally scores 
of similar exemptions, and none of those exemptions have been or should 
be construed to imply anything about the legality of conduct falling 
outside their scope. As a result, the Copyright Office has now 
confirmed that such an explicit exclusion is unnecessary to achieve the 
desired outcome, which is to avoid application of this new exemption in 
potential future cases involving ad-skipping devices. In order to avoid 
unnecessary controversy, the Senate bill omits the exclusionary 
language with the understanding that doing so does not in any way 
change the scope of the bill.
  That this change in no way affects the scope of the exemption is 
clear when considering that the new section 110(11) exemption protects 
the ``making imperceptible . . . limited portions of audio or video 
content of a motion picture. . . .'' An advertisement, under the 
Copyright Act, is itself a ``motion picture,'' and thus a product or 
service that enables the skipping of an entire advertisement, in any 
media, would be beyond the scope of the exemption. Moreover, the phrase 
``limited portions'' is intended to refer to portions that are both 
quantitatively and qualitatively insubstantial in relation to the work 
as a whole. Where any substantial part of a complete work, such as a 
commercial advertisement, is made imperceptible, the new section 
110(11) exemption would not apply. The limited scope of this exemption 
does not, however, imply or show that such conduct or a technology that 
enables such conduct would be infringing. This legislation does not in 
any way deal with that issue. It means simply that such conduct and 
products enabling such conduct are not immunized from liability by this 
exemption.
  This bill also differs from the version passed by the House last year 
in that it adds two ``savings clauses.'' The copyright savings clause 
makes clear that there should be no spillover effect from the passage 
of this law: that is, nothing shall be construed to have any effect on 
rights, defenses, or limitations on rights granted under title 17, 
other than those explicitly provided for in the new section 110(11) 
exemption. The trademark savings clause clarifies that no inference can 
be drawn that a person or company who fails to qualify for the 
exemption from trademark infringement found in this provision is 
therefore liable for trademark infringement.
  Title III of this Act, the National Film Preservation Act of 2004, 
will reauthorize the National Film Preservation Board and the National 
Film Preservation Foundation. These entities have worked successfully 
to recognize and preserve historically or culturally significant 
films--often by providing the grants and expertise that enable local 
historical societies to protect and preserve historically significant 
films for the local communities for which they are most important. This 
fine work will ensure that the history of the 20th century will be 
preserved and available to future generations.
  As a conservative Senator from a socially conservative state, I 
occasionally take a few swings at the movie industry for the quality 
and content of the motion pictures they are currently creating, but I 
will note for the record that I commend efforts to ensure that

[[Page 707]]

important artistic, cultural, and historically significant films are 
preserved for future generations. I commend my friend from Vermont for 
his perseverance in reauthorizing Federal funds to continue this 
important effort.
  Title IV of this act, the ``Preservation of Orphan Works Act,'' also 
ensures the preservation of valuable historic records by correcting a 
technical error that unnecessarily narrows a limitation on the 
copyright law applicable to librarians and archivists. This will 
strengthen the ability of librarians and archivists to better meet the 
needs of both researchers and ordinary individuals and will result in 
greater accessibility of important works. I applaud my colleague in the 
House--Representative Howard Berman of California--for his efforts on 
this bill and am pleased to see it included in this Senate package.
  Just to conclude, I will again thank Ranking Democratic Member Leahy, 
Senator Cornyn, Chairmen Sensenbrenner and Smith, as well as Mr. 
Conyers and Mr. Berman for their bicameral, bipartisan approach to 
these bills and to intellectual property issues generally.
  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. 167

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Family Entertainment and 
     Copyright Act of 2005''.

             TITLE I--ARTISTS' RIGHTS AND THEFT PREVENTION

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Artists' Rights and Theft 
     Prevention Act of 2005'' or the ``ART Act''.

     SEC. 102. CRIMINAL PENALTIES FOR UNAUTHORIZED RECORDING OF 
                   MOTION PICTURES IN A MOTION PICTURE EXHIBITION 
                   FACILITY.

       (a) In General.--Chapter 113 of title 18, United States 
     Code, is amended by adding after section 2319A the following 
     new section:

     ``Sec. 2319B. Unauthorized recording of Motion pictures in a 
       Motion picture exhibition facility

       ``(a) Offense.--Any person who, without the authorization 
     of the copyright owner, knowingly uses or attempts to use an 
     audiovisual recording device to transmit or make a copy of a 
     motion picture or other audiovisual work protected under 
     title 17, or any part thereof, from a performance of such 
     work in a motion picture exhibition facility, shall--
       ``(1) be imprisoned for not more than 3 years, fined under 
     this title, or both; or
       ``(2) if the offense is a second or subsequent offense, be 
     imprisoned for no more than 6 years, fined under this title, 
     or both.

     The possession by a person of an audiovisual recording device 
     in a motion picture exhibition facility may be considered as 
     evidence in any proceeding to determine whether that person 
     committed an offense under this subsection, but shall not, by 
     itself, be sufficient to support a conviction of that person 
     for such offense.
       ``(b) Forfeiture and Destruction.--When a person is 
     convicted of a violation of subsection (a), the court in its 
     judgment of conviction shall, in addition to any penalty 
     provided, order the forfeiture and destruction or other 
     disposition of all unauthorized copies of motion pictures or 
     other audiovisual works protected under title 17, or parts 
     thereof, and any audiovisual recording devices or other 
     equipment used in connection with the offense.
       ``(c) Authorized Activities.--This section does not prevent 
     any lawfully authorized investigative, protective, or 
     intelligence activity by an officer, agent, or employee of 
     the United States, a State, or a political subdivision of a 
     State, or by a person acting under a contract with the United 
     States, a State, or a political subdivision of a State.
       ``(d) Immunity for Theaters.--With reasonable cause, the 
     owner or lessee of a motion picture exhibition facility where 
     a motion picture or other audiovisual work is being 
     exhibited, the authorized agent or employee of such owner or 
     lessee, the licensor of the motion picture or other 
     audiovisual work being exhibited, or the agent or employee of 
     such licensor--
       ``(1) may detain, in a reasonable manner and for a 
     reasonable time, any person suspected of a violation of this 
     section with respect to that motion picture or audiovisual 
     work for the purpose of questioning or summoning a law 
     enforcement officer; and
       ``(2) shall not be held liable in any civil or criminal 
     action arising out of a detention under paragraph (1).
       ``(e) Victim Impact Statement.--
       ``(1) In general.--During the preparation of the 
     presentence report under rule 32(c) of the Federal Rules of 
     Criminal Procedure, victims of an offense under this section 
     shall be permitted to submit to the probation officer a 
     victim impact statement that identifies the victim of the 
     offense and the extent and scope of the injury and loss 
     suffered by the victim, including the estimated economic 
     impact of the offense on that victim.
       ``(2) Contents.--A victim impact statement submitted under 
     this subsection shall include--
       ``(A) producers and sellers of legitimate works affected by 
     conduct involved in the offense;
       ``(B) holders of intellectual property rights in the works 
     described in subparagraph (A); and
       ``(C) the legal representatives of such producers, sellers, 
     and holders.
       ``(f) State Law Not Preempted.--Nothing in this section may 
     be construed to annul or limit any rights or remedies under 
     the laws of any State.
       ``(g) Definitions.--In this section, the following 
     definitions shall apply:
       ``(1) Title 17 definitions.--The terms `audiovisual work', 
     `copy', `copyright owner', `motion picture', `motion picture 
     exhibition facility', and `transmit' have, respectively, the 
     meanings given those terms in section 101 of title 17.
       ``(2) Audiovisual recording device.--The term `audiovisual 
     recording device' means a digital or analog photographic or 
     video camera, or any other technology or device capable of 
     enabling the recording or transmission of a copyrighted 
     motion picture or other audiovisual work, or any part 
     thereof, regardless of whether audiovisual recording is the 
     sole or primary purpose of the device.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 113 of title 18, United States Code, is 
     amended by inserting after the item relating to section 2319A 
     the following:

``2319B. Unauthorized recording of motion pictures in a motion picture 
              exhibition facility.''.

       (c) Definition.--Section 101 of title 17, United States 
     Code, is amended by inserting after the definition of 
     ``Motion pictures'' the following: ``The term ``motion 
     picture exhibition facility'' means a movie theater, 
     screening room, or other venue that is being used primarily 
     for the exhibition of a copyrighted motion picture, if such 
     exhibition is open to the public or is made to an assembled 
     group of viewers outside of a normal circle of a family and 
     its social acquaintances.''.

     SEC. 103. CRIMINAL INFRINGEMENT OF A WORK BEING PREPARED FOR 
                   COMMERCIAL DISTRIBUTION.

       (a) Prohibited Acts.--Section 506(a) of title 17, United 
     States Code, is amended to read as follows:
       ``(a) Criminal Infringement.--
       ``(1) In general.--Any person who willfully infringes a 
     copyright shall be punished as provided under section 2319 of 
     title 18, if the infringement was committed--
       ``(A) for purposes of commercial advantage or private 
     financial gain;
       ``(B) by the reproduction or distribution, including by 
     electronic means, during any 180-day period, of 1 or more 
     copies or phonorecords of 1 or more copyrighted works, which 
     have a total retail value of more than $1,000; or
       ``(C) by the distribution of a work being prepared for 
     commercial distribution, by making it available on a computer 
     network accessible to members of the public, if such person 
     knew or should have known that the work was intended for 
     commercial distribution.
       ``(2) Evidence.--For purposes of this subsection, evidence 
     of reproduction or distribution of a copyrighted work, by 
     itself, shall not be sufficient to establish willful 
     infringement of a copyright.
       ``(3) Definition.--In this subsection, the term `work being 
     prepared for commercial distribution' means--
       ``(A) a computer program, a musical work, a motion picture 
     or other audiovisual work, or a sound recording, if, at the 
     time of unauthorized distribution--
       ``(i) the copyright owner has a reasonable expectation of 
     commercial distribution; and
       ``(ii) the copies or phonorecords of the work have not been 
     commercially distributed; or
       ``(B) a motion picture, if, at the time of unauthorized 
     distribution, the motion picture--
       ``(i) has been made available for viewing in a motion 
     picture exhibition facility; and
       ``(ii) has not been made available in copies for sale to 
     the general public in the United States in a format intended 
     to permit viewing outside a motion picture exhibition 
     facility.''.
       (b) Criminal Penalties.--Section 2319 of title 18, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``Whoever'' and inserting ``Any person 
     who''; and
       (B) by striking ``and (c) of this section'' and inserting 
     ``, (c), and (d)'';
       (2) in subsection (b), by striking ``section 506(a)(1)'' 
     and inserting ``section 506(a)(1)(A)'';

[[Page 708]]

       (3) in subsection (c), by striking ``section 506(a)(2) of 
     title 17, United States Code'' and inserting ``section 
     506(a)(1)(B) of title 17'';
       (4) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively;
       (5) by adding after subsection (c) the following:
       ``(d) Any person who commits an offense under section 
     506(a)(1)(C) of title 17--
       ``(1) shall be imprisoned not more than 3 years, fined 
     under this title, or both;
       ``(2) shall be imprisoned not more than 5 years, fined 
     under this title, or both, if the offense was committed for 
     purposes of commercial advantage or private financial gain;
       ``(3) shall be imprisoned not more than 6 years, fined 
     under this title, or both, if the offense is a second or 
     subsequent offense; and
       ``(4) shall be imprisoned not more than 10 years, fined 
     under this title, or both, if the offense is a second or 
     subsequent offense under paragraph (2).''; and
       (6) in subsection (f), as redesignated--
       (A) in paragraph (1), by striking ``and'' at the end;
       (B) in paragraph (2), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(3) the term `financial gain' has the meaning given the 
     term in section 101 of title 17; and
       ``(4) the term `work being prepared for commercial 
     distribution' has the meaning given the term in section 
     506(a) of title 17.''.

     SEC. 104. CIVIL REMEDIES FOR INFRINGEMENT OF A WORK BEING 
                   PREPARED FOR COMMERCIAL DISTRIBUTION.

       (a) Preregistration.--Section 408 of title 17, United 
     States Code, is amended by adding at the end the following:
       ``(f) Preregistration of Works Being Prepared for 
     Commercial Distribution.--
       ``(1) Rulemaking.--Not later than 180 days after the date 
     of enactment of this subsection, the Register of Copyrights 
     shall issue regulations to establish procedures for 
     preregistration of a work that is being prepared for 
     commercial distribution and has not been published.
       ``(2) Class of works.--The regulations established under 
     paragraph (1) shall permit preregistration for any work that 
     is in a class of works that the Register determines has had a 
     history of infringement prior to authorized commercial 
     distribution.
       ``(3) Application for registration.--Not later than 3 
     months after the first publication of a work preregistered 
     under this subsection, the applicant shall submit to the 
     Copyright Office--
       ``(A) an application for registration of the work;
       ``(B) a deposit; and
       ``(C) the applicable fee.
       ``(4) Effect of untimely application.--An action under this 
     chapter for infringement of a work preregistered under this 
     subsection, in a case in which the infringement commenced no 
     later than 2 months after the first publication of the work, 
     shall be dismissed if the items described in paragraph (3) 
     are not submitted to the Copyright Office in proper form 
     within the earlier of--
       ``(A) 3 months after the first publication of the work; or
       ``(B) 1 month after the copyright owner has learned of the 
     infringement.''.
       (b) Infringement Actions.--Section 411(a) of title 17, 
     United States Code, is amended by inserting ``preregistration 
     or'' after ``shall be instituted until''.
       (c) Exclusion.--Section 412 of title 17, United States 
     Code, is amended by inserting after ``section 106A(a)'' the 
     following: ``, an action for infringement of the copyright of 
     a work that has been preregistered under section 408(f) 
     before the commencement of the infringement and that has an 
     effective date of registration not later than the earlier of 
     3 months after the first publication of the work or 1 month 
     after the copyright owner has learned of the infringement,''.

     SEC. 105. FEDERAL SENTENCING GUIDELINES.

       (a) Review and Amendment.--Not later than 180 days after 
     the date of enactment of this Act, the United States 
     Sentencing Commission, pursuant to its authority under 
     section 994 of title 28, United States Code, and in 
     accordance with this section, shall review and, if 
     appropriate, amend the Federal sentencing guidelines and 
     policy statements applicable to persons convicted of 
     intellectual property rights crimes, including any offense 
     under--
       (1) section 506, 1201, or 1202 of title 17, United States 
     Code; or
       (2) section 2318, 2319, 2319A, 2319B, or 2320 of title 18, 
     United States Code.
       (b) Authorization.--The United States Sentencing Commission 
     may amend the Federal sentencing guidelines in accordance 
     with the procedures set forth in section 21(a) of the 
     Sentencing Act of 1987 (28 U.S.C. 994 note) as though the 
     authority under that section had not expired.
       (c) Responsibilities of United States Sentencing 
     Commission.--In carrying out this section, the United States 
     Sentencing Commission shall--
       (1) take all appropriate measures to ensure that the 
     Federal sentencing guidelines and policy statements described 
     in subsection (a) are sufficiently stringent to deter, and 
     adequately reflect the nature of, intellectual property 
     rights crimes;
       (2) determine whether to provide a sentencing enhancement 
     for those convicted of the offenses described in subsection 
     (a), if the conduct involves the display, performance, 
     publication, reproduction, or distribution of a copyrighted 
     work before it has been authorized by the copyright owner, 
     whether in the media format used by the infringing party or 
     in any other media format;
       (3) determine whether the scope of ``uploading'' set forth 
     in application note 3 of section 2B5.3 of the Federal 
     sentencing guidelines is adequate to address the loss 
     attributable to people who, without authorization, broadly 
     distribute copyrighted works over the Internet; and
       (4) determine whether the sentencing guidelines and policy 
     statements applicable to the offenses described in subsection 
     (a) adequately reflect any harm to victims from copyright 
     infringement if law enforcement authorities cannot determine 
     how many times copyrighted material has been reproduced or 
     distributed.

  TITLE II--EXEMPTION FROM INFRINGEMENT FOR SKIPPING AUDIO AND VIDEO 
                       CONTENT IN MOTION PICTURES

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Family Movie Act of 
     2005''.

     SEC. 202. EXEMPTION FROM INFRINGEMENT FOR SKIPPING AUDIO AND 
                   VIDEO CONTENT IN MOTION PICTURES.

       (a) In General.--Section 110 of title 17, United States 
     Code, is amended--
       (1) in paragraph (9), by striking ``and'' after the 
     semicolon at the end;
       (2) in paragraph (10), by striking the period at the end 
     and inserting ``; and'';
       (3) by inserting after paragraph (10) the following:
       ``(11) the making imperceptible, by or at the direction of 
     a member of a private household, of limited portions of audio 
     or video content of a motion picture, during a performance in 
     or transmitted to that household for private home viewing, 
     from an authorized copy of the motion picture, or the 
     creation or provision of a computer program or other 
     technology that enables such making imperceptible and that is 
     designed and marketed to be used, at the direction of a 
     member of a private household, for such making imperceptible, 
     if no fixed copy of the altered version of the motion picture 
     is created by such computer program or other technology.''; 
     and
       (4) by adding at the end the following:
       ``For purposes of paragraph (11), the term `making 
     imperceptible' does not include the addition of audio or 
     video content that is performed or displayed over or in place 
     of existing content in a motion picture.
       `` Nothing in paragraph (11) shall be construed to imply 
     further rights under section 106 of this title, or to have 
     any effect on defenses or limitations on rights granted under 
     any other section of this title or under any other paragraph 
     of this section.''.
       (b) Exemption From Trademark Infringement.--Section 32 of 
     the Trademark Act of 1946 (15 U.S.C. 1114) is amended by 
     adding at the end the following:
       ``(3)(A) Any person who engages in the conduct described in 
     paragraph (11) of section 110 of title 17, United States 
     Code, and who complies with the requirements set forth in 
     that paragraph is not liable on account of such conduct for a 
     violation of any right under this Act. This subparagraph does 
     not preclude liability, nor shall it be construed to restrict 
     the defenses or limitations on rights granted under this Act, 
     of a person for conduct not described in paragraph (11) of 
     section 110 of title 17, United States Code, even if that 
     person also engages in conduct described in paragraph (11) of 
     section 110 of such title.
       ``(B) A manufacturer, licensee, or licensor of technology 
     that enables the making of limited portions of audio or video 
     content of a motion picture imperceptible as described in 
     subparagraph (A) is not liable on account of such manufacture 
     or license for a violation of any right under this Act, if 
     such manufacturer, licensee, or licensor ensures that the 
     technology provides a clear and conspicuous notice at the 
     beginning of each performance that the performance of the 
     motion picture is altered from the performance intended by 
     the director or copyright holder of the motion picture. The 
     limitations on liability in subparagraph (A) and this 
     subparagraph shall not apply to a manufacturer, licensee, or 
     licensor of technology that fails to comply with this 
     paragraph.
       ``(C) The requirement under subparagraph (B) to provide 
     notice shall apply only with respect to technology 
     manufactured after the end of the 180-day period beginning on 
     the date of the enactment of the Family Movie Act of 2005.
       ``(D) Any failure by a manufacturer, licensee, or licensor 
     of technology to qualify for the exemption under 
     subparagraphs (A) and (B) shall not be construed to create an 
     inference that any such party that engages in conduct 
     described in paragraph (11) of section 110 of title 17, 
     United States Code, is liable for trademark infringement by 
     reason of such conduct.''.
       (c) Definition.--In this section, the term ``Trademark Act 
     of 1946'' means the Act entitled ``An Act to provide for the 
     registration and protection of trademarks used in commerce, 
     to carry out the provisions of certain international 
     conventions, and for other purposes'', approved July 5, 1946 
     (15 U.S.C. 1051 et seq.).

[[Page 709]]



                 TITLE III--NATIONAL FILM PRESERVATION

  Subtitle A--Reauthorization of the National Film Preservation Board

     SEC. 301. SHORT TITLE.

       This subtitle may be cited as the ``National Film 
     Preservation Act of 2005''.

     SEC. 302. REAUTHORIZATION AND AMENDMENT.

       (a) Duties of the Librarian of Congress.--Section 103 of 
     the National Film Preservation Act of 1996 (2 U.S.C. 179m) is 
     amended--
       (1) in subsection (b)--
       (A) by striking ``film copy'' each place that term appears 
     and inserting ``film or other approved copy'';
       (B) by striking ``film copies'' each place that term 
     appears and inserting ``film or other approved copies''; and
       (C) in the third sentence, by striking ``copyrighted'' and 
     inserting ``copyrighted, mass distributed, broadcast, or 
     published''; and
       (2) by adding at the end the following:
       ``(c) Coordination of Program With Other Collection, 
     Preservation, and Accessibility Activities.--In carrying out 
     the comprehensive national film preservation program for 
     motion pictures established under the National Film 
     Preservation Act of 1992, the Librarian, in consultation with 
     the Board established pursuant to section 104, shall--
       ``(1) carry out activities to make films included in the 
     National Film registry more broadly accessible for research 
     and educational purposes, and to generate public awareness 
     and support of the Registry and the comprehensive national 
     film preservation program;
       ``(2) review the comprehensive national film preservation 
     plan, and amend it to the extent necessary to ensure that it 
     addresses technological advances in the preservation and 
     storage of, and access to film collections in multiple 
     formats; and
       ``(3) wherever possible, undertake expanded initiatives to 
     ensure the preservation of the moving image heritage of the 
     United States, including film, videotape, television, and 
     born digital moving image formats, by supporting the work of 
     the National Audio-Visual Conservation Center of the Library 
     of Congress, and other appropriate nonprofit archival and 
     preservation organizations.''.
       (b) National Film Preservation Board.--Section 104 of the 
     National Film Preservation Act of 1996 (2 U.S.C. 179n) is 
     amended--
       (1) in subsection (a)(1) by striking ``20'' and inserting 
     ``22'';
       (2) in subsection (a) (2) by striking ``three'' and 
     inserting ``5'';
       (3) in subsection (d) by striking ``11'' and inserting 
     ``12''; and
       (4) by striking subsection (e) and inserting the following:
       ``(e) Reimbursement of Expenses.--Members of the Board 
     shall serve without pay, but may receive travel expenses, 
     including per diem in lieu of subsistence, in accordance with 
     sections 5702 and 5703 of title 5, United States Code.''.
       (c) National Film Registry.--Section 106 of the National 
     Film Preservation Act of 1996 (2 U.S.C. 179p) is amended by 
     adding at the end the following:
       ``(e) National Audio-Visual Conservation Center.--The 
     Librarian shall utilize the National Audio-Visual 
     Conservation Center of the Library of Congress at Culpeper, 
     Virginia, to ensure that preserved films included in the 
     National Film Registry are stored in a proper manner, and 
     disseminated to researchers, scholars, and the public as may 
     be appropriate in accordance with--
       ``(1) title 17, United States Code; and
       ``(2) the terms of any agreements between the Librarian and 
     persons who hold copyrights to such audiovisual works.''.
       (d) Use of Seal.--Section 107 (a) of the National Film 
     Preservation Act of 1996 (2 U.S.C. 179q(a)) is amended--
       (1) in paragraph (1), by inserting ``in any format'' after 
     ``or any copy''; and
       (2) in paragraph (2), by striking ``or film copy'' and 
     inserting ``in any format''.
       (e) Effective Date.--Section 113 of the National Film 
     Preservation Act of 1996 (2 U.S.C. 179w) is amended by 
     striking ``7'' and inserting ``12''.

     Subtitle B--Reauthorization of the National Film Preservation 
                               Foundation

     SEC. 311. SHORT TITLE.

       This subtitle may be cited as the ``National Film 
     Preservation Foundation Reauthorization Act of 2005''.

     SEC. 312. REAUTHORIZATION AND AMENDMENT.

       (a) Board of Directors.--Section 151703 of title 36, United 
     States Code, is amended--
       (1) in subsection (b)(2)(A), by striking ``nine'' and 
     inserting ``12''; and
       (2) in subsection (b)(4), by striking the second sentence 
     and inserting ``There shall be no limit to the number of 
     terms to which any individual may be appointed.''.
       (b) Powers.--Section 151705 of title 36, United States 
     Code, is amended in subsection (b) by striking ``District of 
     Columbia'' and inserting ``the jurisdiction in which the 
     principal office of the corporation is located''.
       (c) Principal Office.--Section 151706 of title 36, United 
     States Code, is amended by inserting ``, or another place as 
     determined by the board of directors'' after ``District of 
     Columbia''.
       (d) Authorization of Appropriations.--Section 151711 of 
     title 36, United States Code, is amended by striking 
     subsections (a) and (b) and inserting the following:
       ``(a) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Library of Congress 
     amounts necessary to carry out this chapter, not to exceed 
     $530,000 for each of the fiscal years 2005 through 2009. 
     These amounts are to be made available to the corporation to 
     match any private contributions (whether in currency, 
     services, or property) made to the corporation by private 
     persons and State and local governments.
       ``(b) Limitation Related to Administrative Expenses.--
     Amounts authorized under this section may not be used by the 
     corporation for management and general or fundraising 
     expenses as reported to the Internal Revenue Service as part 
     of an annual information return required under the Internal 
     Revenue Code of 1986.''.

                 TITLE IV--PRESERVATION OF ORPHAN WORKS

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Preservation of Orphan 
     Works Act''.

     SEC. 402. REPRODUCTION OF COPYRIGHTED WORKS BY LIBRARIES AND 
                   ARCHIVES.

       Section 108(i) of title 17, United States Code, is amended 
     by striking ``(b) and (c)'' and inserting ``(b), (c), and 
     (h)''.

  Mr. LEAHY. Mr. President, today I join my colleagues, Senators Hatch, 
Feinstein, and Cornyn, introducing an important piece of bipartisan 
intellectual property legislation. The provisions of the ``Family 
Entertainment and Copyright Act of 2005'' are virtually identical to 
those in the bill we passed in the waning days of the 108th Congress. 
Unfortunately, that package of intellectual property bills was hijacked 
in an effort to use it as a vehicle to pass unrelated legislation. The 
effort failed, and in the end so did Congress: we were not able to send 
to the President the most important package of intellectual property 
legislation on last year's agenda. The legislation passed in the 
Senate--several times in fact--but there was simply not enough time for 
the House of Representatives to act.
  I am pleased that we were able to salvage two components of last 
year's bill. As Congress came to a close, the House passed the Senate 
version of the CREATE Act, legislation I cosponsored with Senator 
Hatch. The new law will continue to encourage collaborative research 
partnerships between private industry and not-for-profits, such as 
universities. We were also able to send to the President the Anti-
counterfeiting Amendments Act, a version of Senator Biden's legislation 
that my friend from Delaware has championed for several years. Both 
laws are important, but our task remains incomplete.
  It is time to enact the remaining components of the Family 
Entertainment and Copyright Act, to finish off the work of the 108th 
Congress as we begin the 109th.
  Title I of the bill contains the ``Artists'' Rights and Theft 
Prevention Act,'' better known as the ART Act. This provision passed 
the Senate as a standalone bill in June of 2004, and again as part of 
the FECA bill at the end of the last Congress. The bill will make 
important inroads in the fight against movie piracy by criminalizing 
the use of camcorders to pilfer movies from the big screen. It will 
also direct the Register of Copyrights to create a registry of pre-
release works in order to better address the problem of movie-theft 
before these works are offered for legal distribution.
  The next title of the bill is the Family Movie Act, which will 
preserve the rights of families to watch motion pictures in the manner 
they see fit. At the same time, the Act protects the rights of 
directors and copyright holders to maintain the artistic vision and 
integrity of their works. A version of this legislation passed the 
other chamber in September of 2004, and it passed the Senate as part of 
the FECA bill at the end of the 108th Congress.
  Title III of the bill is the Film Preservation Act, legislation that 
I sponsored in the last Congress. A version of this bill, too, was part 
of the FECA bill that passed the Senate last Congress. The Film 
Preservation Act will allow the Library of Congress to continue its 
important work in preserving America's fading film treasures. The works 
preserved by this important program include silent-era films, avant-
garde works, ethnic films, newsreels, and

[[Page 710]]

home movies that are in many ways more illuminating on the question of 
who we are as a society than the Hollywood sound features kept and 
preserved by major studios. What's more, the bill will assist 
libraries, museums, and archives in preserving films, and in making 
those works available to researchers and the public.
  Finally, the bill contains the Preservation of Orphan Works Act. This 
provision corrects for a drafting error in the Sonny Bono Copyright 
Term Extension Act. Correction of this error will allow libraries to 
create copies of certain copyrighted works, such as films and musical 
compositions that are in the last 20 years of their copyright term, are 
no longer commercially exploited, and are not available at a reasonable 
price. Again, this provision ensures that copies of culturally-
illuminating works are not lost to history.
  Anytime we enact a package of legislation as large as the ``Family 
Entertainment and Copyright Act,'' building consensus is difficult. 
However, this is a chamber built on collegiality and compromise, and 
while I may have crafted specific components of this package 
differently, I believe that the final result we have achieved is one 
worthy of enactment. The components of this package have already passed 
the Senate at least once, and I have received assurances from the other 
chamber that the bill will receive swift consideration once it is 
approved in this body.
  The legislative process is functioning well when we work with our 
colleagues across the aisle, and it is at its best when we work on a 
bipartisan basis with our friends in the other chamber. This bill has 
benefited from both. The agenda of the 109th Congress promises many 
issues that divide us, but this is not such a bill: It has garnered 
broad consensus, and I hope that we can finally move to swiftly enact 
it.
  Mr. CORNYN. Mr. President, in the fall of 2003, I introduced S. 1932, 
the Artists' Rights and Theft Prevention Act of 2003, along with my 
friend from California, Senator Feinstein. As introduced, the ART Act 
was a modest but necessary first step to combat the rampant piracy 
plaguing the motion picture, recording and general content industries. 
The Bill focuses on the most egregious form of copyright piracy 
plaguing the entertainment industry today--the piracy of film, movies, 
and other copyrighted materials before copyright owners have had the 
opportunity to market fully their products.
  Now, as part of a comprehensive package, ``the Family Entertainment 
and Copyright Act of 2005,'' it is even more significant. This package 
contains a number of targeted, important reforms that help strengthen 
our intellectual property laws. I rise to express my strong support for 
the bill and ask my colleagues to move it expeditiously.
  Intellectual property laws and the American businesses that rely on 
them deserve our strongest support. Our Nation was founded on a number 
of important ideas. One central one was that the value created by the 
work and sweat of a person should be recognized as that person's 
property and should be protected. Protecting the creativity and capital 
that American innovators invest to make our lives richer is the right 
thing to do. Failure to do so not only would diminish the quality of 
our individual lives, but our country would suffer too. Intellectual 
property-related industries are a central driver of our Nation's 
economy and a staple of our international trade.
  The copyright-based industries alone accounted for more than 5 
percent of the U.S. GDP or $535,100,000,000 in 2001 and almost 6 
percent of U.S. employment, and led all major industry sectors in 
foreign sales and exports in 2001, the last year for which we have 
figures.
  As the Justice Department recently has pointed out:

       Ideas and the people who generate them serve as critical 
     resources both in our daily lives and in the stability and 
     growth of America's economy. The creation of intellectual 
     property--from designs for new products to artistic 
     creations--unleashes our Nation's potential, brings ideas 
     from concept to commerce, and drives future economic and 
     productivity gains. In the increasingly knowledge-driven, 
     information age economy, intellectual property is the new 
     coin of the realm. . . . [Report of the DOJ Task Force on 
     Intellectual Property, p. 7.]

  As the DOJ IP Task Force Report notes, America's economy relies more 
and more on ideas we create, not things we make. We need to protect our 
Nation's innovative and creative works with strong laws and enforcement 
of those laws because doing so is vital to our national economic 
security.
  Having noted and quoted the DOJ Report, I want to pause to thank the 
Justice Department and outgoing Attorney General John Ashcroft for 
taking these issues seriously and for taking significant steps to 
address them. The formation of the Intellectual Property Task Force 
spotlighted these issues at the Justice Department and the work of the 
Task Force, headed by David Israelite did a superb job in developing 
comprehensive and serious steps better protecting our intellectual 
property interests. The DOJ engaged in serious domestic and 
international investigations and prosecutions against digital thieves 
who have misused promising digital technology like the Internet to 
further their attacks on American businesses. General Ashcroft and the 
Justice Department, who deserve our gratitude for so many reasons, 
certainly deserve it for their efforts on this area.
  Having provided that foundation, let me discuss briefly some of the 
important provisions contained in this legislative package.
  We have purposefully compiled a package of legislation that strikes a 
balance between innovation and copyright protection. One needn't be 
sacrificed to encourage the other--rather they go hand-in-hand.
  First, I would mention the Cornyn-Feinstein ``Artist's Rights and 
Theft Prevention Act'' or the ART Act. Notably, it contains a provision 
making it a felony to record a movie in a theater. One of the principal 
ways that movie piracy happens is by thieves sitting in a movie 
theater, or bribing a projectionist to help them, and recording movies 
with small camcorders. These camcorded copies can then make their way 
around the world on the internet and usually land on the streets of 
cities around the world in pirated copies sold on the street, often the 
day the movie opens in the U.S. or even before the movie opens in many 
countries.
  All it takes is a single or a small handful of camcorded copies 
distributed worldwide to have a devastating effect on a movie's 
profitability. Movies are generally an investment of tens or hundreds 
of millions of dollars that rely on box office and home video and other 
subsequent sales to recoup this investment. A camcorded copy released 
early in any of these cycles can undermine the economics of this 
business, and especially if they hit the streets or the internet while 
the movie is still in theaters. This is theft, and it is theft that 
supports organized crime groups, and perhaps, even terrorism. It 
deserves to be stopped by the specter of a federal felony.
  Its second key provision focuses on so-called ``pre-released'' works. 
Because serious harm can be done to both the reputation of and market 
for creative products if they are pirated before they actually come to 
market, we have included reforms in the ART Act and this package that 
make it easier for the Justice Department to prosecute those who steal 
and distribute copies of copyrighted works on the internet before they 
are released to the public by their owners or authorized distributors. 
We make the prosecutor's job easier by allowing certain presumptions 
with regard to the harm caused, including the dollar amount and number 
of copies, necessary to allow the prosecutor to bring a felony action 
where the works in question are being prepared for commercial release 
but have not been released to the public legitimately. This is fair 
because no one can legitimately believe that they are within their 
rights copying and distributing works that are not yet available in the 
marketplace. Again this is a common sense concept, which deserves the 
support of the Congress.

[[Page 711]]

  Also, I would mention the Family Movie Act--another important 
component of this package. This provision allows the use of certain, 
specified technology to skip or mute content that may be objectionable 
to certain viewers when watching a movie at home, so long as no fixed 
copy of the edited work is made.
  Very few would argue that many of the movies produced today contain 
significant amounts of gratuitous sex, violence, foul language or other 
potentially objectionable content. A number of innovative companies 
have stepped forward to solve this problem by providing filters that 
tag such scenes and allows consumers to tailor their viewing 
experience.
  This legislation is designed to solve an on-going controversy 
surrounding the use of such technology. Specifically, there is 
litigation pending over the issue of whether providing edited versions 
of movies to consumers creates a ``derivative work'' that violates the 
rights of those who created or own the copyrights and trademarks for 
the original movies. The existence of this controversy arguably is 
hampering the development of the technology that families may find 
helpful in protecting children from potentially objectionable content.
  Let me make clear that this bill is not designed to deal with ad-
skipping by consumers in the home. I know that there has been some 
misinformation about this by groups who apparently oppose copyright 
protections generally, but this bill has nothing to do with anything 
other than using a certain kind of technology to modify the viewing 
experience of a movie to skip over objectionable content.
  Finally, the two remaining provisions--though relatively small--are 
not insignificant. The Film Preservation Act, legislation that I 
recognize is particularly important to Senator Leahy, and I thank him 
for his efforts in promoting it, will reauthorize a Library of Congress 
Program dedicated to saving rare and significant films. Additionally, 
we make a small but necessary change to the Sonny Bono Copyright Term 
Extension Act. Correction of this error will allow libraries to create 
copies of certain copyrighted works, such as films and musical 
compositions that are in the last 20 years of their copyright term, are 
no longer commercially exploited, and are not available at a reasonable 
price.
  Before I relinquish my time, I do want to thank a number of people 
who have worked tirelessly on behalf of this bill. Allow me to thank 
David Jones and Tom Sydnor of the staff of Chairman Orrin Hatch, who is 
not only our previous Judiciary Committee Chairman, but a leader on 
copyright and intellectual property issues; Susan Davies and Dan Fine 
of Senator Leahy's staff, who also has long been a leader on 
intellectual property issues; and finally, David Hantman of Senator 
Feinstein's staff, a Senator with whom I am happy to have teamed to 
introduce the ART Act in the last Congress.
  Having begun with the staff, who rarely get mentioned as much as they 
deserve for the great work they do, let me also thank the Senators they 
work for: Senators Hatch, Leahy, and Feinstein for their co-
sponsorship, as well as the Majority Leader, who has taken a personal 
interest in this legislation and worked to make it happen.
  Mr. CORNYN. Mr. President, would the Senator yield for a quick 
question?
  Mr. HATCH. I would be happy to yield for a question from the 
distinguished Senator from Texas.
  Mr. CORNYN. As the chairman knows, he and I and our other cosponsors 
have worked throughout last Congress on the provisions of the Family 
Entertainment and Copyright Act of 2005 that we have introduced today. 
With respect to the Family Movie Act portion of the bill, I just wanted 
to raise the point that there had been some concern over the potential 
effect of the FMA on future cases involving ``ad skipping'' 
technologies and ask if you would have any objection to including in 
the record the relevant portion of the floor discussion on that issue 
from last Congress?
  Mr. HATCH. I thank my friend, the Senator from Texas, for that 
reminder. I would certainly have no objection to entering our previous 
colloquy into the Record again and ask unanimous consent that it appear 
after our remarks.
  Mr. HATCH. Mr. President, Section 102 of the ART Act establishes a 
new provision of Title 18 entitled, ``Unauthorized Recording of Motion 
Pictures in a Motion Picture Exhibition Facility.'' I ask Senator 
Cornyn, what is the purpose of this provision?
  Mr. CORNYN. Section 102 addresses a serious piracy issue facing the 
movie business: the use of camcorders in a motion picture theater. Sad 
to say, there are people who go to the movie theater, generally during 
pre-opening ``screenings'' or during the first weekend of theatrical 
release, and using sophisticated digital equipment, record the movie. 
They're not trying to save $8.00 so they can see the movie again. 
Instead, they sell the camcorded version to a local production factory 
or to an overseas producer, where it is converted into DVDs or similar 
products and sold on the street for a few dollars per copy. This misuse 
of camcorders is a significant factor in the estimated $3.5 billion per 
year of losses the movie industry suffers because of hard goods piracy. 
Even worse, these camcorded versions are posted on the Internet through 
``P2P'' networks such as KaZaA, Grokster and Morpheus--and made 
available for millions to download. The goal of our bill is to provide 
a potent weapon in the arsenal of prosecutors to stem the piracy of 
commercially valuable motion pictures at its source.
  Mr. HATCH. I have heard it said that this bill could be used against 
a salesperson or a customer at stores such as Best Buy or Circuit City 
if he or she were to point a video camera at a television screen 
showing a movie. Is this cause for concern?
  Mr. CORNYN. Absolutely not. The offense is only applicable to 
transmitting or copying a movie in a motion picture exhibition 
facility, which has to be a movie theater or similar venue ``that is 
being used primarily for the exhibition of a copyrighted motion 
picture.'' In the example of Best Buy--the store is being used 
primarily to sell electronic equipment, not to exhibit motion pictures. 
For the same reason, the statute would not cover a university student 
who records a short segment of a film being shown in film class, as the 
venue is being used primarily as a classroom, and not as a movie 
theater.
  Mr. HATCH. Does the Senator from California agree with your colleague 
from Texas?
  Mrs. FEINSTEIN. Absolutely on all points.
  Mr. HATCH. I have also heard some say that this statute could be used 
to prosecute someone for camcording a DVD at his home. Is this a fair 
concern?
  Mrs. FEINSTEIN. No, it is not. The definition of a motion picture 
exhibition facility includes the concept that the exhibition has to be 
``open to the public or is made to an assembled group of viewers 
outside of a normal circle of a family and its social acquaintances.'' 
This definition makes clear that someone recording from a television in 
his home does not meet that definition. It is important to emphasize 
that the clause ``open to the public'' applies specifically to the 
exhibition, not to the facility. An exhibition in a place open to the 
public that is itself not made to the public is not the subject of this 
bill.
  Thus, for example, a university film lab may be ``open to the 
public.'' However, a student who is watching a film in that lab for his 
or her own study or research would not be engaging in an exhibition 
that is ``open to the public.'' Thus, if that student copied an excerpt 
from such an exhibition, he or she would not be subject to liability 
under the bill.
  Mr. HATCH. Do the users of hearing aids, cell phones or similar 
devices have anything to fear from this statute?
  Mrs. FEINSTEIN. Of course not. The statute covers only a person who 
``knowingly uses or attempts to use an audiovisual recording device to 
transmit or make a copy of a motion picture or other audiovisual work 
protected under Title 17, or any part thereof. . . .'' In other words, 
the defendant

[[Page 712]]

would have to be making, or attempting to make, a copy that is itself 
an audiovisual work, or make, or attempt to make, a transmission 
embodying an audiovisual work, as that term is defined in Section 101 
of Title 17. As such, the Act would not reach the conduct of a person 
who uses a hearing aid, a still camera, or a picture phone to capture 
an image or mere sound from the movie.
  Mr. HATCH. It appears that there is no fair use exception to this 
provision. Is that correct?
  Mrs. FEINSTEIN. This is a criminal provision under Title 18, not a 
copyright provision under Title 17. Accordingly, there is no fair use 
exception included. However, Federal prosecutors should use their 
discretion not to bring criminal prosecutions against activities within 
movie theaters that would constitute fair use under the copyright laws. 
The object of this legislation is to prevent the copying and 
distribution of motion pictures in a manner that causes serious 
commercial harm. This legislation is not intended to chill legitimate 
free speech.
  Mr. HATCH. Does the Senator from Texas agree?
  Mr. CORNYN. Yes, on all points.
  Mr. CORNYN. Mr. President, would the chairman yield for a question?
  Mr. HATCH. I would be happy to yield for a question from the 
distinguished Senator from Texas.
  Mr. CORNYN. As the chairman knows, he and I and our other co-sponsors 
have worked throughout this Congress on the provisions of the Family 
Entertainment and Copyright Act of 2004 that we have introduced today. 
I just want to confirm what I believe to be our mutual understanding 
about the effect of certain provisions of the Family Movie Act. Title 
II of the Family Entertainment and Copyright Act of 2004 that we 
introduced today modifies slightly the Family Movie Act provisions of 
H.R. 4077 as passed by the House of Representatives. That bill created 
a new exemption in section 110(11) of the Copyright Act for skipping 
and muting audio and video content in motion pictures during 
performances that take place in the course of a private viewing in a 
household from an authorized copy of the motion picture. The House-
passed version specifically excluded from the scope of the new 
copyright exemption computer programs or technologies that make 
changes, deletions, or additions to commercial advertisements or to 
network or station promotional announcements that would otherwise be 
displayed before, during, or after the performance of the motion 
picture.
  My understanding is that this provision reflected a ``belt and 
suspenders'' approach that was adopted to quiet the concerns of some 
Members in the House who were concerned that a court might misread the 
statute to apply to ``ad-skipping'' cases. Some Senators, however, 
expressed concern that the inclusion of such explicit language could 
create unwanted inferences as to the ``ad-skipping'' issues at the 
heart of the recent litigation. Those issues remain unsettled, and it 
was never the intent of this legislation to resolve or affect those 
issues. In the meantime, the Copyright Office has confirmed that such a 
provision is unnecessary to achieve the intent of the bill, which is to 
avoid application of this new exemption in potential future cases 
involving ``ad-skipping'' devices; therefore, the Senate amendment we 
offer removes the unnecessary exclusionary language.
  Would the chairman confirm for the Senators present his understanding 
of the intent and effect, or perhaps stated more appropriately, the 
lack of any effect, of the Senate amendment on the scope of this bill?
  Mr. HATCH. My cosponsor, Senator Cornyn, raises an important point. 
While we removed the ``ad-skipping'' language from the statute to avoid 
this unnecessary controversy, you are absolutely correct that this does 
not in any way change the scope of the bill. The bill protects the 
``making imperceptible . . . limited portions of audio or video content 
of a motion picture . . .'' An advertisement, under the Copyright Act, 
is itself a ``motion picture,'' and thus a product or service that 
enables the skipping of an entire advertisement, in any media, would be 
beyond the scope of the exemption. Moreover, the phrase ``limited 
portions'' is intended to refer to portions that are both 
quantitatively and qualitatively insubstantial in relation to the work 
as a whole. Where any substantial part of a complete work, such as a 
commercial advertisement, is made imperceptible, the new section 
110(11) exemption would not apply.
  The limited scope of this exemption does not, however, imply or show 
that such a product would be infringing. This legislation does not in 
any way deal with that issue. It means simply that such a product is 
not immunized from liability by this exemption.
  Mr. CORNYN. I thank the chairman. I am pleased that we share a common 
understanding. If the chairman would yield for one more question about 
the Family Movie Act?
  Mr. HATCH. Certainly.
  Mr. CORNYN. This bill also differs from the House-passed version 
because it adds two ``savings clauses.'' As I understand it, the 
``copyright'' savings clause makes clear that there should be no 
``spillover effect'' from the passage of this law: that is, nothing 
shall be construed to have any effect on rights, defenses, or 
limitations on rights granted under title 17, other than those 
explicitly provided for in the new section 110(11) exemption. The 
second, relating to trademark, clarifies that no inference can be drawn 
that a person or company who fails to qualify for the exemption from 
trademark infringement found in this provision is therefore liable for 
trademark infringement. Is that the chairman's understanding as well?
  Mr. HATCH. Yes it is. Let me ask that a copy of the section-by-
section analysis of the Family Movie Act as amended by the Senate be 
included in the Record. This section-by-section analysis contains a 
more complete analysis of the bill as proposed today in the Senate, 
including the limited changes made by the bill Senators Leahy, Cornyn, 
Biden, and I offer today.
  The analysis follows.

 Section-by-Section Analysis of the Family Movie Act of 2004, Amended 
                        and Passed by the Senate


                                overview

       Title II of the Family Entertainment and Copyright Act of 
     2004 incorporates the House-passed provision of the Family 
     Movie Act of 2004, with limited changes as reflected in this 
     section-by-section analysis. As discussed herein, these 
     changes are not intended to and do not affect the scope, 
     effect or application of the bill.
       The purpose of the Family Movie Act is to empower private 
     individuals to use technology to skip and mute material that 
     they find objectionable in movies, without impacting 
     established doctrines of copyright or trademark law or those 
     whose business models depend upon advertising. This amendment 
     to the law should be narrowly construed to effect its 
     intended purpose only. The sponsors of the legislation have 
     been careful to tailor narrowly the legislation to clearly 
     allow specific, consumer-directed activity and not to open or 
     decide collateral issues or to affect any other potential or 
     actual disputes in the law.
       The bill as proposed in the Senate makes clear that, under 
     certain conditions, ``making imperceptible'' of limited 
     portions of audio or video content of a motion picture--that 
     is, skipping and muting limited portions of movies without 
     adding any content--as well as the creation or provision of a 
     computer program or other technology that enables such making 
     imperceptible, does not violate existing copyright or 
     trademark laws. That is true whether the movie is on 
     prerecorded media, like a DVD, or is transmitted to the home, 
     as through pay-per-view and ``video-on-demand'' services.
     Subsection (a): Short Title
       Subsection (a) sets forth the short title of the bill as 
     the Family Movie Act of 2004.
     Subsection (b): Exemption from Copyright and Trademark 
         Infringement for Skipping of Audio or Video Content of 
         Motion Pictures
       Subsection (b) is the Family Movie Act core provision and 
     creates a new exemption at section 110(11) of the Copyright 
     Act for the ``making imperceptible'' of limited portions of 
     audio or video content of a motion picture during a 
     performance in a private household. This new exemption sets 
     forth a number of conditions to ensure that it achieves its 
     intended effect while remaining carefully circumscribed and 
     avoiding any unintended consequences. The conditions that 
     allow an exemption, which are discussed in more detail below, 
     consist of the following:
       The making imperceptible must be ``by or at the direction 
     of a member of a private

[[Page 713]]

     household.'' This legislation contemplates that any altered 
     performances of the motion picture would be made either 
     directly by the viewer or at the direction of a viewer where 
     the viewer is exercising substantial choice over the types of 
     content they choose to skip or mute.
       The making imperceptible must occur ``during a performance 
     in or transmitted to the household for private home 
     viewing.'' Thus, this provision does not exempt an 
     unauthorized ``public performance'' of an altered version.
       The making imperceptible must be ``from an authorized copy 
     of a motion picture.'' Thus, skipping and muting from an 
     unauthorized or ``bootleg'' copy of a motion picture would 
     not be exempt.
       No ``fixed copy'' of the altered version of the motion 
     picture may be created by the computer program or other 
     technology that makes imperceptible portions of the audio or 
     video content of the motion picture. This provision makes 
     clear that services or technologies that make a fixed copy of 
     the altered version are not afforded the benefit of this 
     exemption.
       The ``making imperceptible'' of limited portions of a 
     motion picture does not include the addition of audio or 
     video content over or in place of other content, such as 
     placing a modified image of a person, a product, or an 
     advertisement in place of another, or adding content of any 
     kind.
       These limitations, and other operative provisions of this 
     new section 110(11) exemption, merit further elaboration as 
     to their purposes and effects.
       The bill makes clear that the ``making imperceptible'' of 
     limited portions of audio or video content of a motion 
     picture must be done by or at the direction of a member of a 
     private household. While this limitation does not require 
     that the individual member of the private household exercise 
     ultimate decision-making over each and every scene or element 
     of dialog in the motion picture that is to be made 
     imperceptible, it does require that the making imperceptible 
     be made at the direction of that individual in response to 
     the individualized preferences expressed by that individual. 
     The test of ``at the direction of an individual'' would be 
     satisfied when an individual selects preferences from among 
     options that are offered by the technology.
       An example is the C1earPlay model. C1earPlay provides so-
     called `` filter files'' that allow a viewer to express his 
     or her preferences in a number of different categories, 
     including language, violence, drug content, sexual content, 
     and several others. The version of the movie that the viewer 
     sees depends upon the preferences expressed by that viewer. 
     Such a model would fall under the liability limitation of the 
     Family Movie Act.
       This limitation, however, would not allow a program 
     distributor, such as a provider of video-on-demand services, 
     a cable or satellite channel, or a broadcaster, to make 
     imperceptible limited portions of a movie in order to provide 
     an altered version of that movie to all of its customers, 
     which could violate a number of the copyright owner's 
     exclusive rights, or to make a determination of scenes to be 
     skipped or dialog to be muted and to offer to its viewers no 
     more of a choice than to view an original or an altered 
     version of that film. Some element of individualized 
     preferences and control must be present such that the viewer 
     exercises substantial choice over the types of content they 
     choose to skip or mute.
       It is also important to emphasize that the new section 
     110(11) exemption is targeted narrowly and specifically at 
     the act of ``making imperceptible'' limited portions of audio 
     or video content of a motion picture during a performance 
     that occurs in, or that is transmitted to, a private 
     household for private home viewing. This section would not 
     exempt from liability an otherwise infringing performance, or 
     a transmission of a performance, during which limited 
     portions of audio or video content of the motion picture are 
     made imperceptible. In other words, where a performance in a 
     household or a transmission of a performance to a household 
     is done lawfully, the making imperceptible limited portions 
     of audio or video content of the motion picture during that 
     performance, consistent with the requirements of this new 
     section, will not result in infringement liability. 
     Similarly, an infringing performance in a household, or an 
     infringing transmission of a performance to a household, are 
     not rendered non-infringing by section 110(11) by virtue of 
     the fact that limited portions of audio or video content of 
     the motion picture being performed are made imperceptible 
     during such performance or transmission in a manner 
     consistent with that section.
       The bill also provides additional guidance, if not an exact 
     definition, of what the term ``making imperceptible'' means. 
     The bill provides specifically that the term ``making 
     imperceptible'' does not include the addition of audio or 
     video content that is performed or displayed over or in place 
     of existing content in a motion picture. This is intended to 
     make clear in the text of the statute what has been expressed 
     throughout the consideration of this legislation, which is 
     that the Family Movie Act does not enable the addition of 
     content of any kind, including the making imperceptible of 
     audio or video content by replacing it or by superimposing 
     other content over it. In other words, for purposes of 
     section 110(11), ``making imperceptible'' refers solely to 
     skipping scenes and portions of scenes or muting audio 
     content from the original, commercially available version of 
     the motion picture. No other modifications of the content are 
     addressed or immunized by this legislation.
       The House sponsor of this legislation noted in his 
     explanation of his bill, and the Senate is also aware, that 
     some copy protection technologies rely on matter placed into 
     the audio or video signal. The phrase ``limited portions of 
     audio or video content of a motion picture'' means what it 
     would naturally seem to mean (i.e., the actual content of the 
     motion picture) and does not refer to any component of a copy 
     protection scheme or technology. This provision does not 
     allow the skipping of technologies or other copy-protection-
     related matter for the purpose of defeating copy protection. 
     Rather, it is expected that skipping and muting of content in 
     the actual motion picture will be skipped or muted at the 
     direction of the viewer based on that viewer's desire to 
     avoid seeing or hearing the action or sound in the motion 
     picture. Skipping or muting done for the purpose of or having 
     the effect of avoiding copy protection technologies would be 
     an abuse of the safe harbor outlined in this legislation and 
     may violate section 1201 of title 17.
       Violating the Digital Millennium Copyright Act, and 
     particularly its anti-circumvention provisions, is not 
     necessary to enable technology of the kind contemplated under 
     the Family Movie Act. Although the amendment to section 110 
     provides that it is not an infringement of copyright to 
     engage in the conduct that is the subject of the Family Movie 
     Act, the Act does not provide any exemption from the anti-
     circumvention provisions of section 1201 of title 17, or from 
     any other provision of chapter 12 of title 17. It would not 
     be a defense to a claim of violation of section 1201 that the 
     circumvention is for the purpose of engaging in the conduct 
     covered by this new exemption in section 110(11), just as it 
     is not a defense under section 1201 that the circumvention is 
     for the purpose of engaging in any other non-infringing 
     conduct.
       There are a number of companies currently providing the 
     type of products and services covered by this Act. The Family 
     Movie Act is intended to facilitate the offering of such 
     products and services, and it certainly creates no impediment 
     to the technology employed by those companies. Indeed, it is 
     important to underscore the fact that the support for such 
     technology and consumer offerings that is reflected in this 
     legislation is driven in some measure by the desire for 
     copyright law to be respected and to ensure that technology 
     is deployed in a way that supports the continued creation and 
     protection of entertainment and information products that 
     rely on copyright protection. This legislation reflects the 
     firm expectation that those rights and the interests of 
     viewers in their homes can work together in the context 
     defined in this bill. Any suggestion that support for the 
     exercise of viewer choice in modifying their viewing 
     experience of copyrighted works requires violation of either 
     the copyright in the work or of the copy protection schemes 
     that provide protection for such work should be rejected as 
     counter to legislative intent or technological necessity.
       The House-passed bill included an explicit exclusion to the 
     new section 110(11) exemption in cases involving the making 
     imperceptible of commercial advertisements or network or 
     station promotional announcements. This provision was added 
     on the House floor to respond to concerns expressed by 
     Members during the House Judiciary Committee markup that the 
     bill might be read somehow to exempt from copyright 
     infringement liability devices that allow for skipping of 
     advertisements in the playback of recorded television (so 
     called ``ad-skipping'' devices). Such a reading is not 
     consistent with the language of the bill or its intent.
       The phrase ``limited portions of audio or video content of 
     a motion picture'' applies only to the skipping and muting of 
     scenes or dialog that are part of the motion picture itself, 
     and not to the skipping of commercial advertisements, which 
     are themselves considered motions pictures under the 
     Copyright Act. It also should be noted that the phrase 
     ``limited portions'' is intended to refer to portions that 
     are both quantitatively and qualitatively insubstantial in 
     relation to the work as a whole. Where any substantial part 
     of a complete work (including a commercial advertisement) is 
     made imperceptible, the section 110(11) exemption would not 
     apply.
       The House-passed bill adopted a ``belt and suspenders'' 
     approach to this question by adding exclusionary language in 
     the statute itself. Ultimately that provision raised concerns 
     in the Senate that such exclusionary language would result in 
     an inference that the bill somehow expresses an opinion, or 
     even decides, the unresolved legal questions underlying 
     recent litigation related to these so-called ``ad-skipping'' 
     devices. In the meantime, the Copyright Office also made

[[Page 714]]

     clear that such exclusionary language is not necessary. In 
     other words, the exclusionary language created unnecessary 
     controversy without adding any needed clarity to the statute.
       Thus, the Senate amendment omits the exclusionary language 
     while leaving the scope and application of the bill exactly 
     as it was when it passed the House. The legislation does not 
     provide a defense in cases involving so-called ``ad-
     skipping'' devices, and it also does not affect the legal 
     issues underlying such litigation, one way or another. 
     Consistent with the intent of the legislation to fix a narrow 
     and specific copyright issue, this bill seeks very clearly to 
     avoid unnecessarily interfering with current business models, 
     especially with respect to advertising, promotional 
     announcements, and the like. Simply put, the bill as amended 
     in the Senate is narrowly targeted to the use of technologies 
     and services that filter out content in movies that a viewer 
     finds objectionable, and it in no way relates to or affects 
     the legality of so-called ``ad-skipping'' technologies.
       There are a variety of services currently in litigation 
     that distribute actual copies of altered movies. This type of 
     activity is not covered by the section 110(11) exemption 
     created by the Family Movie Act. There is a basic distinction 
     between a viewer choosing to alter what is visible or audible 
     when viewing a film, the focus of this legislation, and a 
     separate entity choosing to create and distribute a single, 
     altered version to members of the public. The section 110(11) 
     exemption only applies to viewer directed changes to the 
     viewing experience, and not the making or distribution of 
     actual altered copies of the motion picture.
       Related to this point, during consideration of this 
     legislation in the House there were conflicting expert 
     opinions on whether fixation is required to infringe the 
     derivative work right under the Copyright Act, as well as 
     whether evidence of Congressional intent in enacting the 1976 
     Copyright Act supports the notion that fixation should not be 
     a prerequisite for the preparation of an infringing 
     derivative work. This legislation should not be construed to 
     be predicated on or to take a position on whether fixation is 
     necessary to violate the derivative work right, or whether 
     the conduct that is immunized by this legislation would be 
     infringing in the absence of this legislation. Subsection (b) 
     also provides a savings clause to make clear that the newly-
     created copyright exemption is not to be construed to have 
     any effect on rights, defenses, or limitations on rights 
     granted under title 17, other than those explicitly provided 
     for in the new section 110(11) exemption.
     Subsection (c): Exemption from Trademark Infringement
       Subsection (c) provides for a limited exemption from 
     trademark infringement for those engaged in the conduct 
     described in the new section 110(11) of the Copyright Act. In 
     short, this subsection makes clear that a person engaging in 
     the conduct described in section 110(11)--the ``making 
     imperceptible'' of portions of audio or video content of a 
     motion picture or the creation or provision of technology to 
     enable such making available--is not subject to trademark 
     infringement liability based on that conduct, provided that 
     person's conduct complies with the requirements of section 
     110(11). This section provides a similar exemption for a 
     manufacturer, licensee or licensor of technology that enables 
     such making imperceptible, but such manufacturer, licensee or 
     licensor is subject to the additional requirement that it 
     ensure that the technology provides a clear and conspicuous 
     notice at the beginning of each performance that the 
     performance of the motion picture is altered from the 
     performance intended by the director or the copyright holder.
       Of course, nothing in this section would immunize someone 
     whose conduct, apart from the narrow conduct described by 
     110(11), rises to the level of a Lanham Act violation. For 
     example, someone who provides technology to enable the making 
     imperceptible limited portions of a motion picture consistent 
     with section 110(11) could not be held liable on account of 
     such conduct under the Trademark Act, but if in providing 
     such . . .

                          ____________________