[Congressional Record (Bound Edition), Volume 151 (2005), Part 16]
[Senate]
[Pages 22484-22509]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. KOHL (for himself and Mr. Durbin):
  S. 1826. A bill to amend the Internal Revenue Code of 1986 to allow a 
credit to encourage employers to offer flexible and phased work 
opportunities to older workers, to expand the credit for dependent care 
expenses to cover eldercare expenses, to extend COBRA coverage for 
certain older workers who lose health insurance coverage due to a 
reduction in work, to improve older workers' access to job training 
services, and for other purposes; to the Committee on Finance.
  Mr. KOHL. Mr. President, I rise today to discuss an issue that will 
greatly affect our Nation's aging population, workforce, and economy: 
the need to expand opportunities for older Americans to continue 
working into their later years if they so choose.
  As older Americans live longer and healthier lives, many are planning 
to work longer. According to a recent survey, 80 percent of baby 
boomers expect to work past traditional retirement age. Some may 
recognize the physical and mental benefits of work, while some may need 
the additional income to remain financially secure. Whatever the reason 
people decide to stay on the job, it's time to change the way our 
Nation thinks about retirement. A one-size-fits-all retirement will no 
longer match the very different plans that seniors and baby boomers 
have for their later years.
  Rethinking retirement is also vital to our Nation's economic future. 
By 2030, businesses could face a labor force shortage of 35 million 
workers, and the projected slowdown in labor force growth could 
translate into lower economic growth and living standards.

[[Page 22485]]

However, we can soften the potentially serious impact of these trends 
if we develop policies that expand opportunities for older Americans to 
work longer.
  Today, we are taking a first step by introducing The Older Worker 
Opportunity Act. This legislation addresses a variety of issues that 
affect older workers and employers: workplace flexibility, pensions, 
health insurance coverage, job training, and caregiving needs. Back in 
April, as ranking member of the Aging Committee, I chaired a hearing on 
older workers which identified barriers and disincentives to working 
longer. This legislation specifically targets those.
  First, today's workplace rarely offers flexible and part-time work 
arrangements for older workers. Most older workers would choose to work 
past traditional retirement age, but would prefer to gradually 
transition into retirement instead of fully retiring at a traditional 
retirement age.
  To encourage employers to offer flexible and part-time work 
arrangements, we propose a tax credit for employers that give their 
older workers such opportunities while protecting them from the loss of 
health or pension benefits. Our aim is to encourage more workplace 
flexibility, which would benefit both older workers and employers 
through increased productivity and job retention.
  Second, the bill provides an extra safety net for older workers who 
reduce their work but whose employers do not keep them on their health 
plan. In those cases, of course, the employer would not qualify for the 
tax credit we are offering. However, we would extend COBRA coverage 
from 18 to 36 months for their workers from the age of 62 until they 
are eligible for Medicare.
  Third, one major reason why older workers exit the workforce is the 
need to care for aging family members. Older workers who are also 
caregivers often face a significant loss of earnings and retirement 
income, and their employers lose up to $29 billion per year in lost 
work time and productivity. To help older workers balance the demands 
of work and caregiving, and to help employers by increasing 
productivity and reducing turnover costs, we propose expanding the 
dependent care credit to cover the care of chronically ill family 
members.
  Fourth, as GAO has found, job training programs are often discouraged 
from enrolling older workers because their effectiveness is measured in 
part by participants' earnings. Older workers tend to seek part-time 
work and receive lower earnings when they get new jobs. As a result, 
older workers do not have access to the training services they need to 
develop their technological skills and increase their productivity. We 
propose adjusting older workers' lower earnings when measuring the 
success of job training programs in order to more accurately reflect 
the value of job training programs to the older workforce. We also ask 
states to collect more data on the success of our current job training 
programs in meeting the unique needs of older workers.
  Fifth, it is clear that the barriers this bill addresses are not the 
only barriers facing older workers. This bill is just the beginning. 
Therefore, we propose a ``Task Force on Older Workers,'' composed of 
experts from all relevant federal agencies, to further identify 
barriers and disincentives in current law, and recommend solutions.
  We face an historic challenge, and with it, an historic opportunity. 
We need a 21st century workplace that is a win-win for both older 
workers and their employers--and an effective strategy for retaining 
our competitive advantage against other countries facing the same 
demographic tidal wave. We need to usher in a new age of work and 
retirement in which seniors are not limited to a choice between one or 
the other. We need to empower seniors to make the continued 
contributions we all know they can to our economy and our communities.
  Many older Americans and employers have already begun to pave the 
way. More older Americans are willing and able to continue making a 
contribution to the workplace and our economy, and more employers are 
beginning to recognize the value of older workers. We must incorporate 
this new mindset into our national culture, and develop policies that 
reflect this reality. Our seniors deserve it, and our economic future 
may well depend on it.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record, and that the attached letters of endorsement 
also be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1826

       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 ``Older 
     Worker Opportunity Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                        TITLE I--TAX INCENTIVES

Sec. 101. Tax credit for older workers in flexible and phased work 
              programs.
Sec. 102. Expansion of dependent care credit to eldercare expenses.

                 TITLE II--COBRA CONTINUATION COVERAGE

Sec. 201. Extended COBRA continuation coverage for certain older 
              workers.

                   TITLE III--EMPLOYMENT AND TRAINING

Sec. 301. Definitions.
Sec. 302. Statewide employment and training activities.
Sec. 303. Local employment and training activities.
Sec. 304. Performance measures.
Sec. 305. Reporting.
Sec. 306. Incentive grants.

             TITLE IV--FEDERAL TASK FORCE ON OLDER WORKERS

Sec. 401. Federal task force on older workers.

                        TITLE I--TAX INCENTIVES

     SEC. 101. TAX CREDIT FOR OLDER WORKERS IN FLEXIBLE AND PHASED 
                   WORK PROGRAMS.

       (a) Congress finds that--
       (1) most older workers expect to work past traditional 
     retirement age;
       (2) most older workers would prefer not to work a 
     traditional full-time schedule;
       (3) older workers' preference for flexible and phased work 
     is not matched by opportunities currently offered by 
     employers;
       (4) many older workers would choose to work longer if they 
     were offered flexible and phased work opportunities, which 
     would also reduce employer costs by increasing employee 
     retention; and
       (5) many older workers would like to gradually transition 
     into retirement instead of taking full retirement 
     immediately.
       (b) Flexible and Phased Work Credit.--Subpart D of part IV 
     of subchapter A of chapter 1 of the Internal Revenue Code of 
     1986 (relating to business related credits) is amended by 
     adding at the end the following new section:

     ``SEC. 45N. FLEXIBLE AND PHASED WORK CREDIT.

       ``(a) In General.--For purposes of section 38, in the case 
     of an eligible employer, the flexible and phased work credit 
     determined under this section for the taxable year shall be 
     equal to 40 percent of the qualified wages for such year.
       ``(b) Eligible Employer.--For purposes of this section, the 
     term `eligible employer' means an employer which--
       ``(1) maintains a qualified trust (within the meaning of 
     section 401(a)), and
       ``(2) provides health insurance coverage (as defined in 
     section 9832(b)(1)(A)) to employees and pays no less than 60 
     percent of the cost of such health insurance coverage with 
     respect to each full-time employee receiving such coverage.
       ``(c) Qualified Wages Defined.--For purposes of this 
     section--
       ``(1) Qualified wages.--The term `qualified wages' means 
     the wages paid or incurred by an eligible employer during the 
     taxable year to individuals whom at the time such wages are 
     paid or incurred--
       ``(A) have attained the age of 59\1/2\, and
       ``(B) are participating in a formal flexible work program 
     or a formal phased work program.
       ``(2) Wages.--
       ``(A) In general.--The term `wages' has the meaning given 
     such term by subsection (b) of section 3306 (determined 
     without regard to any dollar limitation contained in such 
     section).
       ``(B) Other rules.--Rules similar to the rules of paragraph 
     (2) and (3) of section 51(c) shall apply for purposes of this 
     section.
       ``(C) Termination.--The term `wages' shall not include any 
     amount paid or incurred to an individual after December 31, 
     2010.
       ``(3) Only first $6,000 of wages per year taken into 
     account.--The amount of the qualified wages which may be 
     taken into account with respect to any individual shall not 
     exceed $6,000 per year.
       ``(d) Formal Flexible Work Program.--For purposes of this 
     section--

[[Page 22486]]

       ``(1) In general.--The term `formal flexible work program' 
     means a program of an eligible employer--
       ``(A) which consists of core time and flex time,
       ``(B) under which core time does not exceed--
       ``(i) 20 hours per week,
       ``(ii) 3 days per week, or
       ``(iii) 1,000 hours per year, and
       ``(C) which meets the requirements of subsection (f).
       ``(2) Core time.--The term `core time' means the specific 
     time--
       ``(A) during which an employee is required to perform 
     services related to employment, and
       ``(B) which is determined by the employer.
       ``(3) Flex time.--The term `flex time' means the time other 
     than core time--
       ``(A) during which an employee is required to perform 
     services related to employment, and
       ``(B) which is determined at the election of the employee.
       ``(e) Formal Phased Work Program.--For purposes of this 
     section, the term `formal phased work program' means--
       ``(1) a program of an eligible employer--
       ``(A) under which the employer and an employee enter into 
     an agreement, in good faith, that the employee's work 
     schedule will be no more than 80 percent of the work schedule 
     of a similarly situated full-time employee, and
       ``(B) which meets the requirements of subsection (f), or
       ``(2) any phased retirement program of an eligible employer 
     which--
       ``(A) is authorized by the Secretary, and
       ``(B) meets the requirements of subsection (f).
       ``(f) Requirements.--A program shall not be considered a 
     formal flexible work program or a formal phased work program 
     under this section unless such program meets the following 
     requirements:
       ``(1) Duration of program.--The program shall allow for 
     participation for a period of at least 1 year.
       ``(2) No change in health benefits.--With respect to a 
     participant whose work schedule is no less than 20 percent of 
     the work schedule of a similarly situated full-time 
     employee--
       ``(A) such participant shall be entitled to the same health 
     insurance coverage to which a similarly situated full-time 
     employee would be entitled,
       ``(B) the employer shall contribute the same percentage of 
     the cost of health insurance coverage for such participant as 
     the employer would contribute for a similarly situated full-
     time employee, and
       ``(C) such participant shall be entitled to participate in 
     a retiree health benefits plan of the employer in the same 
     manner as a similarly situated full-time employee, except 
     that service credited under the plan for any plan year shall 
     be equal to the ratio of the participant's work schedule 
     during such year to the work schedule of a similarly situated 
     full-time employee during such year.
       ``(3) No reduction in pension benefits.--
       ``(A) Defined benefit plans.--
       ``(i) A participant shall be entitled to participate in a 
     defined benefit plan (within the meaning of section 414(j)) 
     of the employer in the same manner as a similarly situated 
     full-time employee.
       ``(ii) Service credited to a participant under the plan for 
     any plan year shall be equal to the ratio of the 
     participant's work schedule during such year to the work 
     schedule of a similarly situated full-time employee during 
     such year.
       ``(iii) If the plan uses final average earnings to 
     determine benefits, final average earnings of the participant 
     shall be no less than such earnings were before the 
     participant entered the program.
       ``(B) Defined contribution plans.--A participant shall be 
     entitled to participate in a defined contribution plan 
     (within the meaning of section 414(i)) of the employer in the 
     same manner as a similarly situated full-time employee, and 
     the employer shall match the participant's contributions at 
     the same rate that the employer would match the contributions 
     of a similarly situated full-time employee.
       ``(C) No forfeiture of pension benefits.--The pension 
     benefits of a participant shall not be forfeited under the 
     rules of section 411(a)(3)(B) or section 203(a)(3)(B) of the 
     Employee Retirement Income Security Act of 1974 with respect 
     to a participant who has attained normal retirement age as of 
     the end of the plan year.
       ``(4) Nondiscrimination rule.--Eligibility to participate 
     in the program shall not discriminate in favor of highly 
     compensated employees (within the meaning of section 414(q)).
       ``(g) Certain Individuals Ineligible.--For purposes of this 
     section, rules similar to the rules of paragraphs (1) and (2) 
     of section 51(i) and section 52 shall apply.
       ``(h) Regulations.--The Secretary may prescribe such 
     regulations as are necessary to carry out the purposes of 
     this section, including simplified rules to satisfy the 
     requirements of subsection (f)(3)(C) taking into account the 
     requirements of section 411 and section 203 of the Employee 
     Retirement Income Security Act of 1974.''.
       (c) Credit Made Part of General Business Credit.--
     Subsection (b) of section 38 of the Internal Revenue Code of 
     1986 is amended by striking ``and'' at the end of paragraph 
     (25), by striking the period at the end of paragraph (26) and 
     inserting ``, plus'', and by adding at the end the following 
     new paragraph:
       ``(27) the flexible and phased work credit determined under 
     section 45N(a).''.
       (d) No Double Benefit.--Subsection (a) of section 280C of 
     the Internal Revenue Code of 1986 is amended by inserting 
     ``45N(a),'' after ``45A(a),''.
       (e) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new item:

``Sec. 45N. Flexible and phased work credit.''.

       (f) Effective Date.--The amendments made by this section 
     shall apply to wages paid after December 31, 2005.

     SEC. 102. EXPANSION OF DEPENDENT CARE CREDIT TO ELDERCARE 
                   EXPENSES.

       (a) In General.--Paragraph (1) of section 21(b) of the 
     Internal Revenue Code of 1986 (relating to qualifying 
     individual) is amended by striking ``or'' at the end of 
     subparagraph (B), by striking the period at the end of 
     subparagraph (C) and inserting ``, or'', and by adding at the 
     end the following new subparagraph:
       ``(D) an individual who--
       ``(i) has attained retirement age (as defined in section 
     216(l)(1) of the Social Security Act) before the end of the 
     taxable year of the taxpayer,
       ``(ii) is the spouse of the taxpayer or has a relationship 
     to the taxpayer described in subparagraph (B), (C), (D), (F), 
     or (G) of section 152(d)(2), and
       ``(iii) is a chronically ill individual (within the meaning 
     of section 7702B(c)(2)).''.
       (b) Expenses for Care Outside of Household.--
       (1) In general.--Subparagraph (B) of section 21(b)(2) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``or'' at the end of clause (i), by redesignating clause (ii) 
     as clause (iii), and by inserting after clause (i) the 
     following new clause:
       ``(ii) a qualifying individual described in paragraph 
     (1)(D), or''.
       (2) Conforming amendment.--Clause (iii) of section 
     21(b)(2)(B), as redesignated by paragraph (1), is amended by 
     striking ``paragraph (1)(A)'' and inserting ``subparagraph 
     (A) or (D) of paragraph (1)''.
       (c) Conforming Amendments.--
       (1) The heading of section 21 of the Internal Revenue Code 
     of 1986 is amended by striking ``AND DEPENDENT CARE 
     SERVICES'' and inserting ``, DEPENDENT CARE, AND ELDERCARE 
     SERVICES''.
       (2) The item relating to section 21 in the table of 
     sections for subpart A of part IV of subchapter A of chapter 
     1 of such Code is amended striking ``and dependent care 
     services'' and inserting ``, dependent care, and eldercare 
     services''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2005.

                 TITLE II--COBRA CONTINUATION COVERAGE

     SEC. 201. EXTENDED COBRA CONTINUATION COVERAGE FOR CERTAIN 
                   OLDER WORKERS.

       (a) Amendments to the Employee Retirement Income Security 
     Act of 1974.--Section 602 of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1162) is amended--
       (1) in paragraph (2)(A), by adding at the end the 
     following:
       ``(vi) Special rule for certain older workers.--

       ``(I) In general.--Notwithstanding any other provision of 
     this subparagraph, in the case of a qualifying event 
     described in section 603(2) relating to a reduction of hours 
     of an employee described in subclause (II), the date which is 
     36 months after the date of the qualifying event, except that 
     the period of coverage under this clause shall end on the 
     date on which the employee becomes entitled to benefits under 
     title XVIII of the Social Security Act based on age.
       ``(II) Employee described.--An employee is described in 
     this subclause if such employee, on the date of the 
     qualifying event, is at least the early retirement age (as 
     defined in section 216(l)(2) of the Social Security Act) but 
     not yet entitled to benefits under title XVIII of the Social 
     Security Act based on age.''; and

       (2) in paragraph (3), by adding at the end the following: 
     ``In the case of an individual described in paragraph 
     (2)(A)(vi), any reference in subparagraph (A) of this 
     paragraph to `102 percent' is deemed a reference to `120 
     percent' for any month after the 18th month of continuation 
     coverage provided for under such paragraph (2)(A)(vi).''.
       (b) Amendments to the Public Health Service Act.--Section 
     2202 of the Public Health Service Act (42 U.S.C. 300bb-2) is 
     amended--
       (1) in paragraph (2)(A), by inserting after clause (iv) the 
     following:
       ``(v) Special rule for certain older workers.--

       ``(I) In general.--Notwithstanding any other provision of 
     this subparagraph, in the case of a qualifying event 
     described in section 2203(2) relating to a reduction of hours

[[Page 22487]]

     of an employee described in subclause (II), the date which is 
     36 months after the date of the qualifying event, except that 
     the period of coverage under this clause shall end on the 
     date on which the employee becomes entitled to benefits under 
     title XVIII of the Social Security Act based on age.
       ``(II) Employee described.--An employee is described in 
     this subclause if such employee, on the date of the 
     qualifying event, is at least the early retirement age (as 
     defined in section 216(l)(2) of the Social Security Act) but 
     not yet entitled to benefits under title XVIII of the Social 
     Security Act based on age.''; and

       (2) in paragraph (3), by adding at the end the following: 
     ``In the case of an individual described in paragraph 
     (2)(A)(v), any reference in subparagraph (A) of this 
     paragraph to `102 percent' is deemed a reference to `120 
     percent' for any month after the 18th month of continuation 
     coverage provided for under such paragraph (2)(A)(v).''.
       (c) Amendments to the Internal Revenue Code of 1986.--
     Section 4980B(f) of the Internal Revenue Code of 1986 is 
     amended--
       (1) in paragraph (2)(B)(i), by inserting after subclause 
     (V) the following:

       ``(VI) Special rule for certain older workers.--

       ``(aa) In general.--Notwithstanding any other provision of 
     this clause, in the case of a qualifying event described in 
     paragraph (3)(B) relating to a reduction of hours of an 
     employee described in item (bb), the date which is 36 months 
     after the date of the qualifying event, except that the 
     period of coverage under this clause shall end on the date on 
     which the employee becomes entitled to benefits under title 
     XVIII of the Social Security Act based on age.
       ``(bb) Employee described.--An employee is described in 
     this subclause if such employee, on the date of the 
     qualifying event, is at least the early retirement age (as 
     defined in section 216(l)(2) of the Social Security Act) but 
     not yet entitled to benefits under title XVIII of the Social 
     Security Act based on age.''; and
       (2) in paragraph (2)(C) by adding at the end the following: 
     ``In the case of an individual described in subparagraph 
     (B)(i)(VI), any reference in clause (i) of this subparagraph 
     to `102 percent' is deemed a reference to `120 percent' for 
     any month after the 18th month of continuation coverage 
     provided for under such subparagraph (B)(i)(VI).''.

                   TITLE III--EMPLOYMENT AND TRAINING

     SEC. 301. DEFINITIONS.

       Section 101 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2801) is amended--
       (1) by redesignating paragraphs (17) through (53) as 
     paragraphs (18) through (54), respectively; and
       (2) by inserting after paragraph (16) the following:
       ``(17) Hard-to-serve populations.--The term `hard-to-serve 
     populations' means populations of individuals who are hard to 
     serve, including displaced homemakers, low-income 
     individuals, Native Americans, individuals with disabilities, 
     older individuals, ex-offenders, homeless individuals, 
     individuals with limited English proficiency, individuals who 
     do not meet the definition of literacy in section 203, 
     individuals facing substantial cultural barriers, migrant and 
     seasonal farmworkers, individuals within 2 years of 
     exhausting lifetime eligibility under part A of title IV of 
     the Social Security Act (42 U.S.C. 601 et seq.), single 
     parents (including single pregnant women), and such other 
     groups as the Governor determines to be hard to serve.''.

     SEC. 302. STATEWIDE EMPLOYMENT AND TRAINING ACTIVITIES.

       Section 134(a)(3)(A) of such Act (29 U.S.C. 2864 (a)(3)(A)) 
     is amended--
       (1) in clause (vi), by striking ``and'' at the end;
       (2) by redesignating clause (vii) as clause (viii); and
       (3) by inserting after clause (vi) the following:
       ``(vii) developing strategies for effectively serving hard-
     to-serve populations and for coordinating programs and 
     services among one-stop partners; and''.

     SEC. 303. LOCAL EMPLOYMENT AND TRAINING ACTIVITIES.

       (a) Intensive Services.--Section 134(d)(3) of such Act (29 
     U.S.C. 2864(d)(3)) is amended by striking subparagraph (A) 
     and inserting the following:
       ``(A) In general.--
       ``(i) Eligibility.--Except as provided in clause (iii), 
     funds allocated to a local area for adults under paragraph 
     (2)(A) or (3), as appropriate, of section 133(b), and funds 
     allocated to the local area for dislocated workers under 
     section 133(b)(2)(B), shall be used to provide intensive 
     services to adults and dislocated workers, respectively--

       ``(I) who are unemployed and who, after an interview, 
     evaluation, or assessment, have been determined by a one-stop 
     operator or one-stop partner to be--

       ``(aa) unlikely or unable to obtain employment, that leads 
     to self-sufficiency or wages comparable to or higher than 
     previous employment, through core services described in 
     paragraph (2); and
       ``(bb) in need of intensive services to obtain employment 
     that leads to self-sufficiency or wages comparable to or 
     higher than previous employment; or

       ``(II) who are employed, but who, after an interview, 
     evaluation, or assessment, are determined by a one-stop 
     operator or one-stop partner to be in need of intensive 
     services to obtain or retain employment that leads to self-
     sufficiency.

       ``(ii) Consideration.--For purposes of determining whether 
     an adult or dislocated worker meets the requirements of 
     clause (i)(I)(aa), a one-stop operator or one-stop partner 
     shall consider whether the adult or dislocated worker is a 
     member of a hard-to-serve population.
       ``(iii) Special rule.--A new interview, evaluation, or 
     assessment of a participant is not required under clause (i) 
     if the one-stop operator or one-stop partner determines that 
     it is appropriate to use a recent assessment of the 
     participant conducted pursuant to another education or 
     training program.''.
       (b) Training Services.--Section 134(d)(4) of such Act (29 
     U.S.C. 2864(d)(4)) is amended by striking subparagraph (A) 
     and inserting the following:
       ``(A) In general.--
       ``(i) Eligibility.--Except as provided in clause (iii), 
     funds allocated to a local area for adults under paragraph 
     (2)(A) or (3), as appropriate, of section 133(b), and funds 
     allocated to the local area for dislocated workers under 
     section 133(b)(2)(B), shall be used to provide training 
     services to adults and dislocated workers, respectively--

       ``(I) who, after an interview, evaluation, or assessment, 
     and case management, have been determined by a one-stop 
     operator or one-stop partner, as appropriate, to--

       ``(aa) be unlikely or unable to obtain or retain 
     employment, that leads to self-sufficiency or wages 
     comparable to or higher than previous employment, through the 
     intensive services described in paragraph (3);
       ``(bb) be in need of training services to obtain or retain 
     employment that leads to self-sufficiency or wages comparable 
     to or higher than previous employment; and
       ``(cc) have the skills and qualifications to successfully 
     participate in the selected program of training services;

       ``(II) who select programs of training services that are 
     directly linked to the employment opportunities in the local 
     area or region involved or in another area to which the 
     adults or dislocated workers are willing to commute or 
     relocate;
       ``(III) who meet the requirements of subparagraph (B); and
       ``(IV) who are determined to be eligible in accordance with 
     the priority system in effect under subparagraph (E).

       ``(ii) Consideration.--For purposes of determining whether 
     an adult or dislocated worker meets the requirements of 
     clause (i)(I)(aa), a one-stop operator or one-stop partner 
     shall consider whether the adult or dislocated worker is a 
     member of a hard-to-serve population.
       ``(iii) Special rule.--A new interview, evaluation, or 
     assessment of a participant is not required under clause (i) 
     if the one-stop operator or one-stop partner determines that 
     it is appropriate to use a recent assessment of the 
     participant conducted pursuant to another education or 
     training program.''.
       (c) Local Employment and Training Activities.--Section 
     134(e)(1)(A) of such Act (29 U.S.C. 2864(e)(1)(A)) is 
     amended--
       (1) in subparagraph (A), by striking ``and'' at the end;
       (2) in subparagraph (B), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(C) customer support to enable members of hard-to-serve 
     populations, including individuals with disabilities, to 
     navigate among multiple services and activities for such 
     populations.''.

     SEC. 304. PERFORMANCE MEASURES.

       (a) State Performance Measures.--Section 
     136(b)(3)(A)(iv)(II) of the Workforce Investment Act of 1998 
     (29 U.S.C. 2871(b)(3)(A)(iv)(II)) is amended--
       (1) by striking ``taking into account'' and inserting ``and 
     shall ensure that the levels involved are adjusted, using 
     objective statistical methods, based on'';
       (2) by inserting ``(such as differences in unemployment 
     rates and job losses or gains in particular industries)'' 
     after ``economic conditions''; and
       (3) by inserting ``(such as indicators of poor work 
     history, lack of work experience, lack of educational or 
     occupational skills attainment, dislocation from high-wage 
     and benefit employment, low levels of literacy or English 
     proficiency, disability status, older individual status, 
     homelessness, ex-offender status, and welfare dependency)'' 
     after ``program''.
       (b) Local Performance Measures.--Section 136(c)(3) (29 
     U.S.C. 2871(c)(3))--
       (1) by striking ``shall take into account'' and inserting 
     ``shall ensure that the levels involved are adjusted, using 
     objective statistical methods, based on'';
       (2) by inserting ``(characteristics such as unemployment 
     rates and job losses or gains in particular industries)'' 
     after ``economic''; and
       (3) by inserting ``(characteristics such as indicators of 
     poor work history, lack of work experience, lack of 
     educational and occupational skills attainment, dislocation 
     from

[[Page 22488]]

     high-wage and benefit employment, low levels of literacy or 
     English proficiency, disability status, older individual 
     status, homelessness, ex-offender status, and welfare 
     dependency)'' after ``demographic''.
       (c) Wage Records and Documented Data.--Section 136(f)(2) of 
     such Act (29 U.S.C. 2871(f)(2)) is amended--
       (1) by striking ``(2)'' and all that follows through ``In'' 
     and inserting the following:
       ``(2) Wage records and documented data.--
       ``(A) Wage records.--In''; and
       (2) by adding at the end the following:
       ``(B) Documented data.--In measuring the progress of the 
     State with respect to older individuals on State and local 
     performance measures relating to earnings, a State may use 
     documented data other than quarterly wage records to 
     determine the work schedule of the older individuals, and may 
     impute full-time earnings to part-time workers who are older 
     individuals.''.

     SEC. 305. REPORTING.

       Section 136(d)(2) of such Act (29 U.S.C. 2871(d)(2)) is 
     amended--
       (1) in subparagraph (E), by striking ``(excluding 
     participants who received only self-service and informational 
     activities)''; and
       (2) in subparagraph (F)--
       (A) by striking ``(F)'' and inserting ``(F)(i)'';
       (B) by striking the period and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(ii) the number of participants in each of the groups 
     described in clause (i) who have received services authorized 
     under this title, in the form of core services described in 
     section 134(d)(2), intensive services described in section 
     134(d)(3), training services described in section 134(d)(4), 
     and followup services, respectively;''.

     SEC. 306. INCENTIVE GRANTS.

       (a) Use of Funds for Statewide Employment and Training 
     Activities.--Section 134(a)(2)(B) of the Workforce Investment 
     Act of 1998 (29 U.S.C. 2864(a)(2)(B)) is amended--
       (1) in clause (v), by striking ``and'' at the end;
       (2) in clause (vi), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(vii) providing incentive grants to local areas, in 
     accordance with section 136(j).''.
       (b) Incentive Grants for Local Areas.--Section 136 of such 
     Act is amended by adding at the end the following:
       ``(j) Incentive Grants for Local Areas.--
       ``(1) In general.--From funds reserved under sections 
     128(a) and 133(a)(1), the Governor involved shall award 
     incentive grants to local areas for performance described in 
     paragraph (2) in carrying out programs under chapters 4 and 
     5.
       ``(2) Basis.--The Governor shall award the grants on the 
     basis that the local areas--
       ``(A) have exceeded the performance measures established 
     under subsection (c)(2) relating to indicators described in 
     subsection (b)(3)(A)(iii); or
       ``(B) have--
       ``(i) met the performance measures established under 
     subsection (c)(2) relating to indicators described in 
     subsection (b)(3)(A)(iii); and
       ``(ii) demonstrated exemplary performance in the State in 
     serving hard-to-serve populations.
       ``(3) Use of funds.--The funds awarded to a local area 
     under this subsection may be used to carry out activities 
     authorized for local areas and such innovative projects or 
     programs that increase coordination and enhance service to 
     program participants, particularly hard-to-serve populations, 
     as may be approved by the Governor.''.
       (c) Incentive Grants for States.--Section 503 of the 
     Workforce Investment Act of 1998 (20 U.S.C. 9273) is 
     amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--
       ``(1) Timeline.--
       ``(A) Prior to july 1, 2006.--Prior to July 1, 2006, the 
     Secretary shall award a grant to each State in accordance 
     with the provisions of this section as this section was in 
     effect on July 1, 2003.
       ``(B) Beginning july 1, 2006.--Beginning on July 1, 2006, 
     the Secretary shall award incentive grants to States for 
     performance described in paragraph (2) in carrying out 
     innovative programs consistent with the programs under 
     chapters 4 and 5 of subtitle B of title I, to implement or 
     enhance innovative and coordinated programs consistent with 
     the statewide economic, workforce, and educational interests 
     of the State.
       ``(2) Basis.--The Secretary shall award the grants on the 
     basis that States--
       ``(A) have exceeded the State adjusted levels of 
     performance for title I, the adjusted levels of performance 
     for title II, and the levels of performance under the Carl D. 
     Perkins Vocational and Technical Education Act of 1998 (20 
     U.S.C. 2301 et seq.); or
       ``(B) have--
       ``(i) met the State adjusted levels of performance for 
     title I, the adjusted levels of performance for title II, and 
     the levels of performance under the Carl D. Perkins 
     Vocational and Technical Education Act of 1998 (20 U.S.C. 
     2301 et seq.); and
       ``(ii) demonstrated exemplary performance in serving hard-
     to-serve populations.
       ``(3) Use of funds.--The funds awarded to a State under 
     this section may be used to carry out activities authorized 
     for States under chapters 4 and 5 of subtitle B of title I, 
     title II, and the Carl D. Perkins Vocational and Technical 
     Education Act of 1998 (20 U.S.C. 2301 et seq.), including 
     demonstration projects, and for such innovative projects or 
     programs that increase coordination and enhance service to 
     program participants, particularly hard-to-serve 
     populations.''; and
       (2) in subsection (b)(2), by striking subparagraph (C) and 
     inserting the following:
       ``(C) the State meets the requirements of subparagraph (A) 
     or (B) of subsection (a)(2).''.

             TITLE IV--FEDERAL TASK FORCE ON OLDER WORKERS

     SEC. 401. FEDERAL TASK FORCE ON OLDER WORKERS.

       (a) Establishment.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary of Labor shall 
     establish a Federal Task Force on Older Workers (referred to 
     in this Act as the ``Task Force'').
       (b) Membership.--The Task Force established pursuant to 
     subsection (a) shall be composed of representatives from all 
     relevant Federal agencies that have regulatory jurisdiction 
     over, or a clear policy interest in, issues relating to older 
     workers, including the Internal Revenue Service, the Social 
     Security Administration, the Equal Employment Opportunity 
     Commission, and the Administration on Aging of the Department 
     of Health and Human Services.
       (c) Activities.--
       (1) After one year.--Not later than 1 year after the date 
     of establishment of the Task Force, the Task Force shall--
       (A) identify statutory and regulatory provisions in current 
     law that tend to limit opportunities for older workers, and 
     develop legislative and regulatory proposals to address such 
     limitations;
       (B) identify best practices in the private sector for 
     hiring and retaining older workers, and serve as a 
     clearinghouse of such information; and
       (C) assess the effectiveness and cost of programs that 
     Federal agencies have implemented to hire and retain older 
     workers (including the Senior Environmental Employment (SEE) 
     Program of the Environmental Protection Agency), and 
     recommend cost-effective programs for all Federal agencies to 
     hire and retain older workers.
       (2) After three years.--Not later than 3 years after the 
     date of establishment of the Task Force, the Task Force 
     shall--
       (A) assess the effectiveness of the provisions of this Act; 
     and
       (B) organize a Conference on the Aging Workforce, which 
     shall include the participation of senior, business, labor, 
     and other interested organizations.
       (3) Report.--The Task Force shall submit a report to 
     Congress on the activities of the Task Force pursuant to 
     paragraph (1). Such report shall be made available to the 
     public.
       (d) Consultation.--In carrying out activities pursuant to 
     this section, the Task Force shall consult with senior, 
     business, labor, and other interested organizations.
       (e) Applicability of FACA; Termination of Task Force.--
       (1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall not apply to the Task Force established pursuant 
     to this Act.
       (2) Termination.--The Task Force shall terminate 30 days 
     after the date the Task Force completes all of its duties 
     under this Act.
                                  ____



                                                   Interfaith,

                                Milwaukee, WI, September 29, 2005.
     Hon. Herb Kohl,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
       Dear Senator Kohl: It is a privilege to support Senator 
     Kohl's proposed ``Older Worker Opportunity Act of 2005.'' As 
     an agency that has been providing employment services to 
     older workers for over 25 years, Interfaith Older Adult 
     Programs has first hand knowledge of the value of retaining 
     older workers in the workplace. As stated in the Act, our 
     country is facing a great labor shortage. Terry Ludeman, 
     Chief Economist for the State of Wisconsin, has estimated 
     that in our State by 2017 there will not be enough 18-year-
     olds to replace workers turning 65.
       The proposed tax credit would provide incentive to 
     encourage employers to offer more flexibility in the 
     workplace and encourage support for older individuals who 
     want to stay in the workforce longer. It will also allow 
     work/life balance that is a very important value to 
     individuals as they age.
       Extended COBRA coverage would also be a great encouragement 
     to mature workers wanting to cut back but not leave the 
     workforce. Providing the extended COBRA might be just the 
     incentive a 62-year-old needs to continue working part time. 
     The extended COBRA could help employers and older workers 
     transition gradually to full retirement at a later age.
       A tax credit for eldercare would be a wonderful benefit to 
     seniors that are balancing the responsibilities of work and 
     taking care of a non-dependent individual with significant 
     health issues. Employers will benefit from having employees 
     that are more productive because they are worrying less about 
     family responsibilities of direct caregiving.

[[Page 22489]]

       Interfaith strongly supports the creation of a separate set 
     of performance measures for the older worker under the 
     Workforce Investment Act. Statistically, mature workers stay 
     with an employer longer than their younger co-workers, take 
     fewer sick days, and are less likely to have an on the job 
     injury. This results in increased productivity and decreased 
     cost to employers. Retention outcomes should actually be 
     enhanced because of the older workers' work ethic, the pride 
     they take in their work and their loyalty to their employer.
       We are faced with the unique opportunity to expand the use 
     of the Senior Community Service Employment Program (SCSEP) 
     through a strong attachment to the Older Worker Opportunity 
     Act.
       A Federal Task Force on Older Workers could be very 
     helpful, especially one that would include private sector 
     employers, governmental agencies, older worker service 
     providers and older workers themselves.
           Sincerely,
     Carol Eschner,
       Executive Director.
     Patricia Delmenhorst,
       Employment Services Director.
                                  ____

                                               Goodwill Industries


                              of Southeastern Wisconsin, Inc.,

                                Milwaukee, WI, September 29, 2005.
     Hon. Herb Kohl,
     U.S. Senate
     Washington, DC.
       Dear Senator Kohl: Goodwill Industries of Southeastern 
     Wisconsin, Inc. (Goodwill) is pleased to support your Older 
     Workers Act of 2005.
       As you may know, Goodwill has a long history of supporting 
     and promoting older workers. Our designation as an ``Elder 
     Friendly Workplace'' with the Wisconsin Department of 
     Workforce Development, demonstrates our commitment to this 
     remarkable group of workers.
       Goodwill, as a leader in the area of workforce development 
     and training, recognizes that the nation's workforce is about 
     to experience a major change. As the ``boomers'' move closer 
     to retirement, employers across the nation will need to find 
     creative ways to keep these individuals engaged. Your 
     proposed legislation offers many viable solutions that would 
     encourage both employers and older workers to continue their 
     relationship well past the customary retirement age.
       Thank you for recognizing and supporting the tremendous 
     value of the older worker. Goodwill is pleased to support you 
     in this effort.
           Sincerely,
                                                   John L. Miller,
     President and C.E.O.
                                  ____



                                           AgeAdvantAge, Inc.,

                                     Madison, WI, October 1, 2005.
     Hon. Herb Kohl,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
       Dear Senator Kohl: AgeAdvantAge, Inc. would like to extend 
     our full support of your proposed legislation; The Older 
     Worker Opportunity Act of 2005.
       AgeAdvantAge is an Area Agency on Aging overseeing the 
     provision of services funded by the Older Americans Act (OAA) 
     throughout southern and western Wisconsin. We welcome any 
     effort to improve the lives of older people, be it through 
     expansion of aging services, or the opportunity for those we 
     serve to achieve economic self-sufficiency through 
     employment.
       We recognize with a rapidly aging population, efforts must 
     be made to keep America's older workers on the job. The 
     potential loss of workers, as Baby Boomers begin to retire, 
     has frightening implications for business, government and the 
     economy.
       Keeping older workers employed is crucial to keeping 
     America strong and competitive in the global market. 
     Demographics show the older worker is the workforce of the 
     future, and we believe the experience, work ethic and 
     dedication to quality of the older worker, will have a 
     positive impact on business.
       Government also needs older workers to remain employed and 
     contributing to the tax base, rather than become consumers of 
     public benefits and services. As an example, an older worker 
     who remains employed may also delay drawing Social Security 
     benefits, while at the same time continuing to contribute to 
     the fund through payroll withholdings.
       We also know that older people who remain active, both 
     physically and mentally, live longer and healthier lives. 
     Healthier individuals are in less need of publicly funded 
     health care services. Older people who are employed are also 
     less likely to need assistance from other social service 
     programs such as meal programs, food pantries, subsidized 
     housing, food stamps, and energy assistance.
       These programs are already faced with rising demand and 
     shrinking budgets, and extending employment for older 
     Americans can help delay, or at least reduce, the need for 
     these services.
       With the many benefits of keeping the older worker employed 
     in mind, we would like to address each of the five key points 
     of your proposal;

                          Employer Tax Credits

       The Baby Boom generation will have a significant impact on 
     both the workforce and the workplace as they continue to age. 
     Employers will need to accommodate the unique needs of this 
     cohort, with a key issue being flexibility.
       When an older worker leaves their job, they take with them 
     years of knowledge and experience. This sudden loss of 
     expertise negatively impacts an organization's productivity, 
     and therefore their bottom line. To prevent this, older 
     workers need to be offered incentives to remain in their 
     jobs.
       Employers need to consider such concepts as flex time, job 
     sharing, compressed work weeks, telecommuting, part-time 
     employment with pro-rated benefits, and phased retirement. 
     Many of these new work modes can be implemented at little or 
     no cost to the employer. All of them will benefit the 
     employer through a skilled, experienced, and stable 
     workforce.
       Using tax credits as an incentive to employers may bring 
     about change, if the credit is attractive, and comes with 
     minimal paperwork.
       As further incentive to creating an ``older worker 
     friendly'' workplace, the tax credit should be based on the 
     number of flexible options an employer offers, and employers 
     who hire older workers should receive additional tax credits.

                      Extension of COBRA Coverage

       As you have noted, current COBRA law allows for only 18 
     months of continued coverage if group policy coverage is lost 
     as the result of a reduction in hours. Under many other 
     circumstances, coverage can be extended to 36 months.
       Older workers who are no longer able to work full-time, 
     typically due to health reasons, often opt for early 
     retirement at age 62. This results in a loss of insurance 
     benefits, and an increased reliance on publicly funded health 
     care systems.
       Extending COBRA coverage until age 65 may accommodate an 
     older worker's need for both reduced hours and insurance, 
     thereby delaying their need for Social Security and publicly 
     funded heath care.

                          Eldercare Tax Credit

       Today, employees of any age are often times faced with 
     choosing between working and the needs of someone dependent 
     upon them for care. This is increasingly true for the older 
     worker.
       Many older workers find they are not able to remain 
     productive at work because the demands of caretaking have 
     become so great. Often times they will leave their job to 
     devote their time to the care of another. At times, their 
     loss of productivity could result in their termination. In 
     either instance, their employer has lost the benefit of their 
     knowledge and experience, and they have lost the many 
     benefits of being engaged in gainful and meaningful 
     employment.
       However, studies show older workers who receive assistance 
     with their caretaking responsibilities, can maintain their 
     productivity, and therefore remain employed. A tax credit to 
     help offset the cost for adult day care, in-home care or 
     respite, will help the older worker balance their life and 
     work needs.
       Further, employers will increasingly be asked to provide 
     assistance for employees tending to the needs of another. 
     This legislation should consider extending the eldercare tax 
     credit to employers who offer adult day care subsidies or 
     services.

              Access to The Workforce Investment Act (WIA)

       As a provider of employment services to older adults, we 
     can attest to the fact that older job seekers are routinely 
     excluded from participation in programs funded by the WIA. 
     WIA service providers often view the older job seeker as a 
     potential threat to program performance, as they may only be 
     seeking part-time employment.
       Though more than 60% of our current customers are between 
     the ages of 55 and 64, and seeking full-time employment with 
     benefits, a separate set of performance measures for older 
     job seekers, may alleviate WIA provider's fears, and result 
     in improved access to WIA services.
       Performance measures in the WIA, particularly those 
     regarding full-time employment and earnings increase, need to 
     be modified for an older job seeker. Placement into 
     employment, whether full- or part-time, should be considered 
     a positive outcome, and the earnings increase measure should 
     be removed altogether.
       This legislation should also consider an often overlooked 
     employment and training program serving older job seekers, 
     the Senior Community Service Employment Program (SCSEP). The 
     SCSEP is funded under Title V of the Older Americans Act of 
     1965 (OAA). Administered jointly by the Administration on 
     Aging (AoA) and the Department of Labor (DOL), this unique 
     program provides a lower-income, older adult with the 
     opportunity to learn new skills, and build the experience 
     necessary to transition into employment.
       The SCSEP is unique from all other employment and training 
     programs in many respects. It serves only those aged 55 or 
     older. It provides paid training, intensive case management, 
     and supportive services to all

[[Page 22490]]

     eligible individuals. And, training activities result in 
     services that benefit the general welfare of the community.
       The SCSEP is also unique in that it takes a ``whole 
     person'' approach in providing assistance. As a SCSEP 
     operator. we understand that an older person often times has 
     needs other than, or in addition to, employment. Being part 
     of the aging network, we are able to link our customers with 
     the programs and services they need to address non-employment 
     issues.
       Over the past decade, the SCSEP has experienced a shift in 
     the balance between aging services and employment services. 
     The AoA has admittedly distanced itself from administration 
     of the program, effectively yielding its authority to the 
     DOL. As a result, less value is placed on the community 
     service aspects of the program, the connection to the aging 
     network and aging services is almost nonexistent, and the 
     program has actually become less accessible to older job 
     seekers.
       With the upcoming reauthorization of the Older Americans 
     Act, perhaps now is an opportune time to revisit the intended 
     purpose of the SCSEP and explore ways to strengthen its 
     services and expand its use. Because it is unique from other 
     programs funded under the OAA, and equally unique from the 
     WIA, perhaps the SCSEP is better placed among the unique 
     concepts described in the Older Worker Opportunity Act of 
     2005.

                      Task Force on Older Workers

       Finally, the creation of a task force to address the on-
     going needs of the aging workforce will be vital in assisting 
     business and government in implementing the changes necessary 
     to keep older workers working.
       A task force comprised not only of governmental units, but 
     also of business, service providers, and older workers 
     themselves, will prove a great asset as we face the 
     challenges and opportunities presented by an aging workforce, 
     and the need to keep them employed.
       Senator Kohl, thank you for the opportunity to comment on, 
     and support The Older Worker Opportunity Act of 2005. We also 
     thank you for your support of the older worker as is 
     evidenced in this progressive and forward-thinking proposal.
       If we can be of any further assistance, please do not 
     hesitate to call.
           Sincerely,
     Robert Kellerman,
       Executive Director.
     Michael Krauss,
       Older Worker Program Coordinator.
                                  ____

                                            Committee for Economic


                                                  Development,

                               Washington, DC, September 28, 2005.
     Hon. Herb Kohl,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
       Dear Senator Kohl: on behalf of the Committee for Economic 
     Development (CED), I commend you for your leadership in 
     addressing issues related to the aging of the American 
     workforce with your bill, the Older Worker Opportunity Act.
       CED stated several years ago that expanding opportunities 
     for older workers would be crucial to continued prosperity. 
     Our 1999 policy statement, ``New Opportunities for Older 
     Workers,'' argued that demographic change would reduce the 
     growth of our labor force well below current rates, absent 
     significant changes in behavior and policy. We noted that 
     many workers retire totally and abruptly because they have no 
     viable option to continue working, perhaps at reduced hours 
     that would be more suitable and would provide a phased 
     beginning to retirement. We urged that the business sector 
     and the federal government change perceptions and attitudes, 
     and where necessary laws and rules, to make it easier and 
     more attractive for older workers to achieve a gradual rather 
     than an immediate retirement.
       We are gratified to see that your bill would address many 
     of the problems that we identified in our 1999 statement. We 
     believe that your recommended changes in law would allow 
     workers to phase into retirement without the financial 
     penalties, in retirement income and health coverage, that now 
     can force people into unwilling retirement. With such an 
     improved incentive to work, our economy might suffer less of 
     a loss of labor-force growth, and might make the transition 
     to the retirement of the baby-boom generation more easily.
       We appreciate your efforts on this important issue, and 
     stand ready to help in building public understanding of the 
     vital and growing role of older workers.
       Sincerely,
                                                Charles E.M. Kolb,
                                                        President.
                                 ______
                                 
      By Mr. DeMINT (for himself, Mr. Durbin, and Mr. Cornyn):
  S. 1827. A bill to amend the Public Health Service Act to provide for 
the public disclosure of charges for certain hospital services and 
drugs; to the Committee on Health, Education, Labor, and Pensions.
  Mr. DeMINT. Mr. President, I rise today to offer a bill that would 
require hospitals to disclose their charges for the most common 
procedures and drugs.
  This bill recognizes that consumers seeking routine hospital services 
need to know what they are paying so they can make educated decisions 
about their own health care. This legislation aims to give Americans 
that information in a user friendly format.
  Specifically, the bill would require hospitals to regularly report to 
the Secretary of U.S. Department of Health and Human Services the 
amount they charge for the 25 most commonly performed inpatient 
procedures, the 25 most common outpatient procedures, and the 50 most 
frequently administered medications. The Department would then post 
this information on the Internet for easy access.
  Under the current system, patients often have no idea what they will 
be charged until they receive a bill. This is a problem because 
hospital charges vary significantly based on facility and procedure. 
Some hospitals charge one-hundred and twenty dollars for a chest x-ray 
while others charge more than fifteen hundred. Uninsured patients and 
those who pay with cash are often surprised with unexpected hospital 
charges because there is no way for them to know what they will be 
charged up front.
  No other industry expects consumers to commit to buying before they 
know the true cost. Patients should have access to price information 
before they commit to a procedure.
  This bipartisan bill is good for the uninsured and for consumer 
driven healthcare. Individuals cannot be expected to get comfortable 
making their own health care decisions unless they know how much they 
will be expected to pay for different services.
  I am grateful to Senators Richard Durbin and John Cornyn for joining 
me as original cosponsors of this bi-partisan legislation. I am also 
pleased that Representatives Bob Inglis and Dan Lipinski have 
introduced companion legislation in the House. They recognize that 
information is power, and this bill is an important step in empowering 
Americans with the tools to be smart consumers. I urge my Senate 
colleagues to support this bill.
  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. 1827

       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 ``Hospital Price Reporting and 
     Disclosure Act of 2005''.

     SEC. 2. PUBLIC DISCLOSURE OF HOSPITAL DATA.

       Part B of title II of the Public Health Service Act (42 
     U.S.C. 238 et seq.) is amended by adding at the end the 
     following new section:


            ``DATA REPORTING BY HOSPITALS AND PUBLIC POSTING

       ``Sec. 249. (a) Semiannual Reporting Requirement.--Not 
     later than 80 days after the end of each semiannual period 
     beginning January 1 or July 1 (beginning more than one year 
     after the date of the enactment of this section), a hospital 
     shall report to the Secretary the following data:
       ``(1) The frequency with which the hospital performed each 
     service selected under subparagraph (A) or (B) of subsection 
     (c)(1) in an inpatient or outpatient setting, respectively, 
     during such period.
       ``(2) The frequency with which the hospital administered a 
     drug selected under subparagraph (C) of such subsection in an 
     inpatient setting during such period.
       ``(3) If the service was so performed or the drug was so 
     administered during such period, the average charge and the 
     medium charge by the hospital for such service or drug during 
     such period.
       ``(b) Public Availability of Data.--
       ``(1) Public posting of data.--The Secretary shall promptly 
     post, on the official public Internet site of the Department 
     of Health and Human Services, the data reported under 
     subsection (a). Such data shall be set forth in a manner that 
     promotes charge comparison among hospitals.
       ``(2) Notice of availability.--A hospital shall prominently 
     post at each admission site of the hospital a notice of the 
     availability of the data reported under subsection (a) on the 
     official public Internet site under paragraph (1).
       ``(c) Selection of Services and Drugs.--For purposes of 
     this section:
       ``(1) Initial selection.--Based on national data, the 
     Secretary shall select the following:
       ``(A) The 25 most frequently performed services in a 
     hospital inpatient setting.

[[Page 22491]]

       ``(B) The 25 most frequently performed services in a 
     hospital outpatient setting.
       ``(C) The 50 most frequently administered drugs in a 
     hospital inpatient setting.
       ``(2) Updating selection.--The Secretary shall periodically 
     update the services and drugs selected under paragraph (1).
       ``(d) Civil Money Penalty.--The Secretary may impose a 
     civil money penalty of not more than $10,000 for each knowing 
     violation of subsection (a) or (b)(2) by a hospital. The 
     provisions of subsection (i)(2) of section 351A shall apply 
     with respect to civil money penalties under this subsection 
     in the same manner as such provisions apply to civil money 
     penalties under subsection (i)(1) of such section.
       ``(e) Administrative Provisions.--
       ``(1) In general.--The Secretary shall prescribe such 
     regulations and issue such guidelines as may be required to 
     carry out this section.
       ``(2) Classification of services.--The regulations and 
     guidelines under paragraph (1) shall include rules on the 
     classification of different services and the assignment of 
     items and procedures to those services (including inpatient 
     diagnostic related groups (DRGs), outpatient procedures, and 
     tests) and classification of drugs. For purposes of the 
     preceding sentence, classification of drugs may include unit, 
     strength, and dosage information.
       ``(3) Computation of average and median charges.--
       ``(A) In general.--The regulations and guidelines under 
     paragraph (1) shall include a methodology for computing an 
     average charge and a median charge for a service or drug, in 
     accordance with subparagraph (B).
       ``(B) Methodology.--The methodology prescribed by the 
     Secretary under subparagraph (A) shall ensure that the 
     average charge and the median charge for a service or drug 
     reflect the amount charged before any adjustment based on a 
     rate negotiated with a third party.
       ``(4) Form of report and notice.--The regulations and 
     guidelines under paragraph (1) shall specify the electronic 
     form and manner by which a hospital shall report data under 
     subsection (a) and the form for posting of notices under 
     subsection (b)(2).
       ``(f) Rules of Construction.--
       ``(1) Non-preemption of state laws.--Nothing in this 
     section shall be construed as preempting or otherwise 
     affecting any provision of State law relating to the 
     disclosure of charges or other information for a hospital.
       ``(2) Charges.--Nothing in this section shall be construed 
     to regulate or set hospital charges.
       ``(g) Definitions.--For purposes of this section:
       ``(1) Hospital.--The term `hospital' has the meaning given 
     such term by the Secretary.
       ``(2) Drug.--The term `drug' includes a biological and a 
     non-prescription drug, such as an ointment.''.
                                 ______
                                 
      By Mrs. CLINTON (for herself and Mr. Roberts):
  S. 1828. A bill to amend the Public Health Service Act to improve and 
secure an adequate supply of influenza vaccine; to the Committee on 
Health, Education, Labor, and Pensions.
  Mrs. CLINTON. Mr. President, today, I am pleased to introduce the 
Influenza Vaccine Security Act with Senator Roberts.
  In recent months, our public health professionals have been sounding 
the alarm about the increasing incidence of avian influenza. Since 
December 2004, 70 cases of avian influenza have been confirmed in 
Indonesia, Vietnam, Thailand and Cambodia--and 27 of these cases have 
been fatal. In countries across Asia and Europe, farmers have been 
culling their poultry stocks because of fears of infection.
  Various agencies--from the Department of State to the Department of 
Health and Human Services--have begun to mobilize in preparation for 
when--not if, but when--avian influenza hits our shores.
  What is particularly worrisome to me, when thinking about our 
Nation's ability to face the threat posed by pandemic or avian 
influenza, is the fact that we aren't even prepared to deal with the 
seasonal influenza epidemic that we face every year.
  Last fall, we witnessed senior citizens lining up for hours to obtain 
flu vaccine, unscrupulous distributors attempting to sell scarce 
vaccine to the highest bidder, and millions of Americans delaying or 
deferring necessary flu shots.
  This wasn't the first time that our vaccine production and 
distribution system has failed. Since 2000, our Nation has experienced 
three shortages of influenza vaccine.
  Fortunately, we had a relatively mild influenza season this past 
year, but we cannot count on such luck to save us every time we have a 
flu vaccine shortage.
  Approximately 36,000 Americans die of the flu each year, and these 
deaths are largely preventable--we could stop them if we increased 
immunizations, if we had a secure vaccine market, and if we made sure 
that everyone understood the importance of vaccines.
  For several years now, I've been asking the Secretary of Health and 
Human Services to undertake reforms to fix our flu vaccine supply 
problems, and the legislation I'm introducing with Senator Roberts 
today provides a mechanism through which we can develop a stable supply 
and distribution system for our seasonal flu vaccine.
  There is a great deal of risk involved with developing an annual flu 
vaccine. Because the dominant strain changes from year to year, 
manufacturers must develop doses on an annual basis, without being able 
to store or resell any excess vaccine the following year. There's also 
no steady demand for a flu vaccine, largely because shortages have 
confused so many of us as to when we should or shouldn't get 
vaccinated.
  This legislation will help create a stable flu vaccine market for 
manufacturers by increasing coordination between the public and private 
sectors, so that we can set targets and procedures for dealing with 
both shortages and surpluses before they hit.
  Stabilizing the vaccine market will also require increasing demand 
for vaccination. This bill increases the funding for the CDC's 
educational initiatives, and sets up grants through which State and 
local health departments, in collaboration with health care 
institutions, insurance companies, and patient groups, can increase 
vaccination rates among all Americans, but, in particular, priority 
populations.
  Another major problem with our national influenza supply mechanisms 
is that we rely on production methods that haven't kept pace with our 
other biomedical advances. In order to make a vaccine, strains of 
influenza virus are cultivated in chicken eggs, a non-sterile 
environment. Many of the contamination problems we have seen with 
vaccine result when problems arise in this cultivation process.
  Although we've got to rely on this technology for the time being, we 
need to increase research into safer, faster, and more reliable methods 
of vaccine production. This legislation would provide the National 
Institutes of Health with increased funding for research into 
alternative forms of vaccine development.
  Of course, vaccine does us no good if it can't get to the people who 
need it, and in last season's epidemic, we had problems matching 
existing stocks of vaccine to the high priority populations, like 
senior citizens, who were in need of vaccine. It took weeks before we 
could determine how much vaccine was actually in communities, and where 
it was needed. We wasted lots of time and resources--valuable public 
health resources--in trying to track this vaccine.
  This bill sets up a tracking system through which the CDC and State 
and local health departments can share the information they need to 
ensure that high priority populations in all parts of the country will 
have access to vaccine.
  Improving our system for vaccine manufacture and distribution will 
not only help us in the event of a pandemic, but will help us every 
winter when senior citizens, children, and chronically ill individuals 
need to get a flu shot to protect them from the virus.
  I hope that the legislation Senator Roberts and I are introducing 
today will call attention to the immediate needs of our priority 
populations, and I look forward to working with our colleagues in the 
Senate on both seasonal and pandemic prevention initiatives.
  Mr. ROBERTS. Mr. President, I am pleased to be introducing the 
Influenza Vaccine Security Act with Senator Clinton today because I 
believe this legislation is critical to strengthening our public health 
preparedness here in the U.S. The experiences of the flu vaccine 
shortage last year made us all aware that our system needs improvement. 
This legislation takes a comprehensive approach to addressing the

[[Page 22492]]

root causes of seasonal flu vaccine shortages by creating stability in 
the U.S. vaccine market.
  Our legislation requires the Department of Health and Human Services 
to set annual production targets for the flu vaccine, to stockpile up 
to 10 percent of the vaccine each year in the event of a shortage, and 
to create a vaccine buyback program to provide market guarantees for 
our vaccine manufacturers. This legislation also provides a much-needed 
framework for public health officials to track vaccines and provides 
increased education and outreach about getting an annual flu vaccine.
  I now want to turn to some of the provisions in this legislation that 
deal with an issue I believe deserves our utmost attention: pandemic 
influenza. I think we can agree that we all learned a good lesson from 
Hurricane Katrina: government at all levels must be prepared to deal 
with a large-scale public health emergency. Unfortunately, our 
government is not currently not prepared to deal with pandemic 
influenza. Our legislation seeks to address this by strengthening the 
underlying public health infrastructure to heighten our ability to 
respond to both seasonal and pandemic flu.
  As Chairman of the Senate Intelligence Committee and a member of both 
the Senate Agriculture Committee and Senate Health, Education, Labor 
and Pensions (HELP), I take the threat of an influenza pandemic very 
seriously. I view it as not only a public health concern, but a 
national security concern. The timing for a large-scale worldwide 
influenza outbreak is ripe. Many experts believe the next flu pandemic 
will come in the form of avian flu.
  Unlike the seasonal flu, humans have no natural immunity to avian 
flu. A routine flu shot for more common influenza viruses won't protect 
against the deadly avian flu. The Department of Health and Human 
Services is working with vaccine manufacturers to develop a vaccine, 
but it is unclear when and how many doses will be ready.
  Other than a vaccine, the only defense against a new flu strain such 
as avian flu is an antiviral medication such as Tamiflu. Currently, the 
United States currently only has enough pills to treat less than one 
percent, or about 2.3 million people.
  This is why experts believe the effects of avian flu in the U.S. and 
around the world could be devastating. Some have predicted the loss of 
life could reach as high as 160-200 million. A pandemic might infect a 
third of the U.S. population and cost more than $100 billion alone in 
medical treatments. A pandemic of this sort could also have 
catastrophic economic or social effects.
  It is for these reasons I am pleased our legislation addresses some 
of the underlying public health infrastructure concerns that can help 
us effectively respond to pandemic flu. Our vaccine industry here in 
the U.S. is extremely fragile and our manufacturers need the necessary 
tools to effectively produce and deliver vaccines in the event of 
either seasonal or pandemic flu. First and foremost, our legislation 
ensures vaccine manufacturers and health care providers are not held 
liable in the event of a public health emergency involving pandemic 
influenza. Without this necessary liability protection, the ability to 
develop or deliver a vaccine during an outbreak could be significantly 
hampered.
  Our legislation also encourages improved technologies for influenza 
vaccine development by providing additional funding for NIH research 
into alternative methods of vaccine development, such as cell-based 
cultures and a permanent flu vaccine. Currently, flu vaccine production 
is a strenuous process and takes several months, leaving us extremely 
vulnerable in the event of a large-scale outbreak and a subsequent need 
for a mass production of vaccines.
  Our legislation encourages more companies to enter the U.S. market 
with domestic-based production facilities and to improve the ability of 
the current manufacturers to remain in the market. Manufacturers 
currently do not have the capacity to simultaneously produce enough flu 
vaccine for seasonal flu and an avian flu vaccine in the event of an 
outbreak. We must assist our manufacturers in increasing production 
capacity.
  Aside from vaccines, our legislation also requires the government to 
purchase and store additional antiviral medications, such as Tamiflu, 
to protect against an influenza epidemic.
  Finally, our legislation provides a framework to identify public 
health professionals that can provide services in the event of a public 
health emergency through the use of a medical personnel registry linked 
at the Federal, State and local levels.
  I am pleased to introduce the Influenza Vaccine Security Act with 
Senator Clinton today. We need to fix our seasonal flu vaccine 
production and distribution problems not only to prevent future 
shortages, but also to strengthen our public health infrastructure in 
case of pandemic.
  As Senator Clinton knows, the HELP Committee will soon be considering 
legislation to develop countermeasures to protect the U.S. from 
deliberate and natural public health threats. This legislation, known 
as Bioshield II, will present a great opportunity to build on the first 
steps we take in this legislation to protect against pandemic flu. I 
look forward to working with Senator Clinton and my other colleagues on 
the committee to deliver a comprehensive package to ensure we are 
prepared and can respond to all types of public health threats.
                                 ______
                                 
      By Mr. DOMENICI (for himself and Mr. Bingaman) (by request):
  S. 1829. A bill to repeal certain sections of the Act of May 26, 
1936, pertaining to the Virgin Islands; to the Committee on Energy and 
Natural Resources.
                                 ______
                                 
      By Mr. DOMENICI (for himself, Mr. Bingaman, and Mr. Akaka) (by 
        request):
  S. 1830. A bill to amend the Compact of Free Association Amendments 
Act of 2003, and for other purposes; to the Committee on Energy and 
Natural Resources.
                                 ______
                                 
      By Mr. DOMENICI (for himself and Mr. Bingaman) (by request):
  S. 1831. A bill to convey certain submerged land to the Commonwealth 
of the Northern Mariana Islands, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. DOMENICI. Mr. President, today I join my colleague, the Ranking 
member of the Committee on Energy and Natural Resources, Senator 
Bingaman, in introducing three bills, by request, to make necessary 
changes to law regarding the U.S.-affiliated islands.
  Briefly, the bills include: First, legislation requested by the 
Attorney General of the Commonwealth of the Northern Mariana Islands 
(CNMI). This bill accomplishes two objectives--to provide the 
Commonwealth with the same ownership and jurisdiction over offshore 
submerged lands as has been provided to other United States territories 
and to provide a less formal mechanism for the Governor of the CNMI to 
raise issues with the Federal Government than the procedures under 
section 902 of the Covenant that established the Commonwealth in 
political union with the United States.
  The legislation also provides a general authorization for the 
Commonwealth to raise issues arising under provisions of the Covenant 
with the Secretary and for the Secretary to resolve those issues with 
assistance from other agencies as appropriate. This would provide a 
less formal approach than the more elaborate procedures for issue 
resolution set forth under section 902 of the Covenant which require, 
among other items, the formal appointment of negotiators. Section 902 
is unique to the Commonwealth and legislative approval of a less formal 
approach may serve to improve Federal-commonwealth relations and the 
ability of both sides to reach agreements. As with the submerged lands 
issue, further legislation may be required, but such legislation will 
likely be easier to achieve if both sides are not either tied up in the 
processes of 902 or at opposite sides in court.

[[Page 22493]]

  The second bill, requested by the House Delegate from the United 
States Virgin Islands, Representative Donna M. Christensen, came as a 
result of Federal court rulings which invalidated many of the Real 
Property tax provisions of the Virgin Islands Code. The bill would 
repeal sections l401-l401e of Title 48, of the United States Code to 
provide the Government of the United States Virgin Islands the ability 
to fully regulate real property tax matters in the territory.
  Finally, the last bill would make several changes to the Compact of 
Free Association Amendments Act (CFAAA) of 2003 P.L. 108-188, which was 
enacted in December, 2003. Because of the 2003 deadline on the term of 
the original Compact assistance, several issues were left unresolved. 
One of these unresolved issues was whether the Republic of the Marshall 
Islands (RMI) and the Federated States of Micronesia (FSM) would 
continue to receive disaster assistance from FEMA. Since the passage of 
P.L. 108-188, the Administration has transmitted language to Congress 
that would provide authority for the RMI and FSM to obtain disaster 
assistance. In addition to this new authority, the bill makes several 
technical changes to P.L. 108-188
  I look forward to working with my colleagues, the Administration, and 
officials from the RMI, FSM, and the U.S. Virgin Islands to move these 
bills through the process.
  I ask unanimous consent that the text of the bills, be printed in the 
Record.
  There being no objection, the bills were ordered to be printed in the 
Record, as follows:

                                S. 1829

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

     SECTION 1. REPEAL OF CERTAIN LAWS PERTAINING TO THE VIRGIN 
                   ISLANDS.

       (a) Repeal.--Sections 1 through 6 of the Act of May 26, 
     1936 (48 U.S.C. 1401 et seq.), are repealed.
       (b) Effective Date.--The amendment made by this section 
     takes effect on July 22, 1954.

                                S. 1830

       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 ``Compacts of Free Association 
     Amendments Act of 2005''.

     SEC. 2. APPROVAL OF AGREEMENTS.

       Section 101 of the Compact of Free Association Amendments 
     Act of 2003 (48 U.S.C. 1921) is amended--
       (1) in the first sentence of subsection (a), by inserting 
     before the period at the end the following: ``, including 
     Article X of the Federal Programs and Services Agreement 
     Between the Government of the United States and the 
     Government of the Federated States of Micronesia, as amended 
     under the Agreement to Amend Article X that was signed by 
     those 2 Governments on June 30, 2004, which shall serve as 
     the authority to implement the provisions thereof''; and
       (2) in the first sentence of subsection (b), by inserting 
     before the period at the end the following: ``, including 
     Article X of the Federal Programs and Services Agreement 
     Between the Government of the United States and the 
     Government of the Republic of the Marshall Islands, as 
     amended under the Agreement to Amend Article X that was 
     signed by those 2 Governments on June 18, 2004, which shall 
     serve as the authority to implement the provisions thereof''.

     SEC. 3. CONFORMING AMENDMENT.

       Section 105(f)(1) of the Compact of Free Association 
     Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)) is amended by 
     striking subparagraph (A) and inserting the following:
       ``(A) Emergency and disaster assistance.--
       ``(i) In general.--Subject to clause (ii), section 
     221(a)(6) of the U.S.-FSM Compact and section 221(a)(5) of 
     the U.S.-RMI Compact shall each be construed and applied in 
     accordance with the 2 Agreements to Amend Article X of the 
     Federal Programs and Service Agreements signed on June 30, 
     2004, and on June 18, 2004, respectively.
       ``(ii) Definition of will provide funding.--In the second 
     sentence of paragraph 12 of each of the Agreements described 
     in clause (i), the term `will provide funding' means will 
     provide funding through a transfer of funds using Standard 
     Form 1151 or a similar document or through an interagency, 
     reimbursable agreement.''.

     SEC. 4. CLARIFICATIONS REGARDING PALAU.

       Section 105(f)(1)(B) of the Compact of Free Association 
     Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is 
     amended--
       (1) in clause (ii)(II), by striking ``and its territories'' 
     and inserting ``, its territories, and the Republic of 
     Palau'';
       (2) in clause (iii), by striking ``, or the Republic of the 
     Marshall Islands'' and inserting ``, the Republic of the 
     Marshall Islands, or the Republic of Palau''; and
       (3) in clause (ix)--
       (A) by striking ``Republic'' both places it appears and 
     inserting ``government, institutions, and people''; and
       (B) by striking ``was'' and inserting ``were''.

     SEC. 5. AVAILABILITY OF LEGAL SERVICES.

       Section 105(f)(1)(C) of the Compact of Free Association 
     Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(C)) is amended 
     by inserting before the period at the end the following: ``, 
     which shall also continue to be available to the citizens of 
     the Federated States of Micronesia, the Republic of Palau, 
     and the Republic of the Marshall Islands who reside in the 
     United States (including territories and possessions)''.

     SEC. 6. TECHNICAL AMENDMENTS.

       (a) Title I.--
       (1) Section 177 agreement.--Section 103(c)(1) of the 
     Compact of Free Association Amendments Act of 2003 (48 U.S.C. 
     1921b(c)(1)) is amended by striking ``section 177'' and 
     inserting ``Section 177''.
       (2) Interpretation and united states policy.--Section 104 
     of the Compact of Free Association Amendments Act of 2003 (48 
     U.S.C. 1921c) is amended--
       (A) in subsection (b)(1), by inserting ``the'' before 
     ``U.S.-RMI Compact,'';
       (B) in subsection (e)--
       (i) in the matter preceding subparagraph (A) of paragraph 
     (8) , by striking ``to include'' and inserting ``and 
     include'';
       (ii) in paragraph (9)(A), by inserting a comma after 
     ``may''; and
       (iii) in paragraph (10), by striking ``related to service'' 
     and inserting ``related to such services''; and
       (C) in the first sentence of subsection (j), by inserting 
     ``the'' before ``Interior''.
       (3) Supplemental provisions.--Section 105(b)(1) of the 
     Compact of Free Association Amendments Act of 2003 (48 U.S.C. 
     1921d(b)(1)) is amended by striking ``Trust Fund'' and 
     inserting ``Trust Funds''.
       (b) Title II.--
       (1) U.S.-FSM compact.--The Compact of Free Association, as 
     amended, between the Government of the United States of 
     America and the Government of the Federated States of 
     Micronesia (as provided in section 201(a) of the Compact of 
     Free Association Amendments Act of 2003 (117 Stat. 2757)) is 
     amended--
       (A) in section 174--
       (i) in subsection (a), by striking ``courts'' and inserting 
     ``court''; and
       (ii) in subsection (b)(2), by striking ``the'' before 
     ``November'';
       (B) in section 177(a), by striking ``, or Palau'' and 
     inserting ``(or Palau)'';
       (C) in section 179(b), strike ``amended Compact'' and 
     inserting ``Compact, as amended,'';
       (D) in section 211--
       (i) in the fifth sentence of subsection (a), by striking 
     ``Trust Fund Agreement,'' and inserting ``Agreement Between 
     the Government of the United States of America and the 
     Government of the Federated States of Micronesia Implementing 
     Section 215 and Section 216 of the Compact, as Amended, 
     Regarding a Trust Fund (Trust Fund Agreement),'';
       (ii) in subsection (b)--

       (I) in the first sentence, by striking ``Government of 
     the'' before ``Federated''; and
       (II) in the second sentence, by striking ``Sections 321 and 
     323 of the Compact'' and inserting ``Sections 211(b), 321, 
     and 323. The Compact, as amended,''; and

       (iii) in the last sentence of subsection (d), by inserting 
     before the period at the end the following: ``and the Federal 
     Programs and Services Agreement referred to in section 231'';
       (E) in the first sentence of section 215(b), by striking 
     ``subsection(a)'' and inserting ``subsection (a)'';
       (F) in section 221--
       (i) in subsection (a)(6), by inserting ``(Federal Emergency 
     Management Agency)'' after ``Homeland Security''; and
       (ii) in the first sentence of subsection (c), by striking 
     ``agreements'' and inserting ``agreement'';
       (G) in the second sentence of section 222, by inserting 
     ``in'' after ``referred to'';
       (H) in the second sentence of the first undesignated 
     paragraph of section 232, by striking ``sections 102 (c)'' 
     and all that follows through ``January 14, 1986)'' and 
     inserting ``section 102(b) of Public Law 108-188, 117 Stat. 
     2726, December 17, 2003'';
       (I) in the second sentence of section 252, by inserting ``, 
     as amended,'' after ``Compact'';
       (J) in the first sentence of the first undesignated 
     paragraph of section 341, by striking ``Section 141'' and 
     inserting ``section 141'';
       (K) in section 342--
       (i) in subsection (a), by striking ``14 U.S.C. 195'' and 
     inserting ``section 195 of title 14, United States Code''; 
     and
       (ii) in subsection (b)--

       (I) by striking ``46 U.S.C. 1295(b)(6)'' and inserting 
     ``section 1303(b)(6) of the Merchant Marine Act, 1936 (46 
     U.S.C. 1295b(b)(6))''; and
       (II) by striking ``46 U.S.C. 1295b(b)(6)(C)'' and inserting 
     ``section 1303(b)(6)(C) of that Act'';

       (L) in the third sentence of section 354(a), by striking 
     ``section 442 and 452'' and inserting ``sections 442 and 
     452'';

[[Page 22494]]

       (M) in section 461(h), by striking ``Telecommunications'' 
     and inserting ``Telecommunication'';
       (N) in section 462(b)(4), by striking ``of Free 
     Association'' the second place it appears; and
       (O) in section 463(b), by striking ``Articles IV'' and 
     inserting ``Article IV''.
       (2) U.S.-RMI compact.--The Compact of Free Association, as 
     amended, between the Government of the United States of 
     America and the Government of the Republic of the Marshall 
     Islands (as provided in section 201(b) of the Compact of Free 
     Association Amendments Act of 2003 (117 Stat. 2795)) is 
     amended--
       (A) in section 174(a), by striking ``court'' and inserting 
     ``courts'';
       (B) in section 177(a), by striking the comma before ``(or 
     Palau)'';
       (C) in section 179(b), by striking ``amended Compact,'' and 
     inserting ``Compact, as amended,'';
       (D) in section 211--
       (i) in the first sentence of subsection (b), by striking 
     ``Agreement between the Government of the United States and 
     the Government of the Republic of the Marshall Islands 
     Regarding Miliary Use and Operating Rights'' and inserting 
     ``Agreement Regarding the Military Use and Operating Rights 
     of the Government of the United States in the Republic of the 
     Marshall Islands concluded Pursuant to Sections 321 and 323 
     of the Compact of Free Association, as Amended (Agreement 
     between the Government of the United States and the 
     Government of the Republic of the Marshall Islands Regarding 
     Military Use and Operating Rights)''; and
       (ii) in the last sentence of subsection (e), by inserting 
     before the period at the end the following: ``and the Federal 
     Programs and Services Agreement referred to in section 231'';
       (E) in section 221(a)--
       (i) in the matter preceding paragraph (1), by striking 
     ``Section 231'' and inserting ``section 231''; and
       (ii) in paragraph (5), by inserting ``(Federal Emergency 
     Management Agency)'' after ``Homeland Security'';
       (F) in the second sentence of section 232, by striking 
     ``sections 103(m)'' and all that follows through ``(January 
     14, 1986)'' and inserting ``section 103(k) of Public Law 108-
     188, 117 Stat. 2734, December 17, 2003'';
       (G) in the first sentence of section 341, by striking 
     ``Section 141'' and inserting ``section 141'';
       (H) in section 342--
       (i) in subsection (a), by striking ``14 U.S.C. 195'' and 
     inserting ``section 195 of title 14, United States Code''; 
     and
       (ii) in subsection (b)--

       (I) by striking ``46 U.S.C. 1295(b)(6)'' and inserting 
     ``section 1303(b)(6) of the Merchant Marine Act, 1936 (46 
     U.S.C. 1295b(b)(6))''; and
       (II) by striking ``46 U.S.C. 1295b(b)(6)(C)'' and inserting 
     ``section 1303(b)(6)(C) of that Act'';

       (I) in the third sentence of section 354(a), by striking 
     ``section 442 and 452'' and inserting ``sections 442 and 
     452'';
       (J) in the first sentence of section 443, by inserting ``, 
     as amended,'' after ``the Compact'';
       (K) in the matter preceding paragraph (1) of section 
     461(h)--
       (i) by striking ``1978'' and inserting ``1998''; and
       (ii) by striking ``Telecommunications'' and inserting 
     ``Telecommunication''; and
       (L) in section 463(b), by striking ``Article'' and 
     inserting ``Articles''.

                                S. 1831

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

     SECTION 1. CONVEYANCE OF CERTAIN SUBMERGED LAND TO THE 
                   COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

       The first section of Public Law 93-435 (48 U.S.C. 1705) is 
     amended--
       (1) in the second sentence of subsection (b), by inserting 
     ``Commonwealth of the Northern Mariana Islands,'' after 
     ``Guam,''; and
       (2) by adding at the end the following:
       ``(e)(1) Subject to valid existing rights, all right, 
     title, and interest of the United States in land permanently 
     or periodically covered by tidal water up to but not above 
     the line of mean high tide and seaward to a line 3 
     geographical miles distant from the coastline of the 
     territory of the Commonwealth of the Northern Mariana Islands 
     (as modified before, on, or after the date of enactment of 
     this subsection by accretion, erosion, or reliction, or in 
     artificially made, filled in, or reclaimed land that was 
     formerly permanently or periodically covered by tidal water) 
     are conveyed to the Government of the Commonwealth of the 
     Northern Mariana Islands to be administered in trust for the 
     benefit of the people of the Commonwealth.
       ``(2) The conveyance shall be subject to clauses (ii), 
     (iv), (v), (vii), (viii), and (ix) of subsection (b) and 
     subsection (c), except that each reference to the `date of 
     enactment of this Act' in those clauses shall (for the 
     purposes of this subsection) be considered to be a reference 
     to the date of enactment of this subsection.''.

     SEC. 2. AUTHORITY OF SECRETARY TO RESOLVE CERTAIN CLAIMS OF 
                   THE COMMONWEALTH OF THE NORTHERN MARIANA 
                   ISLANDS.

       (a) In General.--On the request of the Governor of the 
     Commonwealth of the Northern Mariana Islands, the Secretary 
     of the Interior may settle any claim of the Commonwealth 
     arising pursuant to any provision of the Covenant to 
     Establish a Commonwealth of the Northern Mariana Islands in 
     Political Union with the United States of America, approved 
     by the first section of Public Law 94-241 (48 U.S.C. 1801 
     note).
       (b) Assistance.--
       (1) Request.--The Secretary may request assistance from the 
     head of any other Federal agency in order to expeditiously 
     resolve any claim described in subsection (a).
       (2) Provision.--On request, the head of the Federal agency 
     shall provide the assistance.
       (c) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary such sums as are necessary to carry out 
     subsection (a).
       (2) Other funds.--The Secretary may also use to carry out 
     subsection (a) any other sums that are appropriated for the 
     purpose of a provision of the Covenant that is subject to a 
     claim by the Commonwealth.

  Mr. BINGAMAN. Mr. President, today I join my colleague and the 
chairman of the Committee on Energy and Natural Resources, Senator 
Domenici, in introducing three bills, by request, to make necessary 
changes to law regarding the U.S.-affiliated islands. As chairman and 
ranking minority member of this committee, Senator Domenici and I have 
a special responsibility for matters relating to our fellow U.S. 
citizens who live in the territories of the United States. While the 
people of the territories are U.S. citizen or nationals, they lack full 
voting representation in the U.S. Congress. Their problems and concerns 
are just as deserving of attention as are those of U.S. citizens who 
live in the 50 States, and it is the committee on Energy and Natural 
Resources which has the responsibility for considering island issues 
that are brought to our attention, and for making recommendations, as 
appropriate, to the full Senate.
  The committee is also responsible for authorization and oversight of 
U.S. financial assistance to the freely associated states of the 
Republic of Palau, the Federated States of Micronesia, and the Republic 
of the Marshall Islands--three sovereign nations that were formerly 
administered by the U.S. as districts of the United Nations Trust 
Territory of the Pacific Islands. While not under U.S. sovereignty, 
these nations enjoy a unique relationship with the U.S. which developed 
following the Pacific battles of World War II and which continues to be 
based on our mutual interest in security, democracy, and economic 
development.
  The first bill being introduced, the Compacts of Free Association 
Amendments Act of 2005, would make several changes to the Compact of 
Free Association Amendments Act, CFAAA, of 2003, (Public Law 108-188) 
which was enacted in December 2003. That law continued the close 
relationships that were established in 1986 between the U.S. and the 
Federated States of Micronesia, FSM, and between the U.S. and the 
Republic of the Marshall Islands, RMI by revising and extending U.S. 
financial and program assistance until 2023. Final consensus was not 
reached in 2003, however, on continuation of U.S. disaster assistance 
programs and services to the FSM and RMI. Instead, section 105(f)(1)(A) 
of the CFAAA directed the Secretary of State, in consultation with 
FEMA, to negotiate disaster assistance agreements with the FSM and RMI, 
report to Congress on the outcome of the negotiations, and make 
recommendations to Congress on any necessary changes to law.
  On August 19, 2004, the State Department transmitted new agreements 
regarding disaster assistance to Congress along with the legislative 
language needed to bring them into effect. Generally, these agreements 
provide that FEMA and USAID will jointly consult on disaster damage 
assessments and on disaster declaration recommendations; FEMA will 
provide all disaster recovery funding consistent with past policy and 
practice and transfer those funds to USAID which will then administer 
all disaster response and recovery activities. In addition to approving 
these new disaster assistance agreements, this bill would make several 
other conforming, clarifying, and technical amendments to the CFAAA of 
2003. The second bill being introduced today

[[Page 22495]]

would convey submerged lands, out to 3 miles, to the Commonwealth of 
the Northern Mariana Islands, CNMI, and hopefully resolve a long 
standing dispute between the U.S. and the CNMI over the extent of the 
CNMI's territorial limit.
  The CNMI became a U.S. territory in 1976 pursuant to the covenant 
between the U.S. and CNMI, as approved by Public Law 94-241. However, 
interpretation of the covenant regarding the CNMI's territorial limit 
came into dispute, and then became the subject of discussions under the 
formal government-to-government consultation procedures of the 
covenant. The U.S. executive branch took the position that the CNMI had 
the same territorial limit as the other territories--that is 3 miles--
while the CNMI claimed a 200-mile exclusive economic zone. After 
discussions deadlocked, the CNMI pursued their claim in Federal court. 
Earlier this year, the Federal Appeals court upheld, in Northern 
Mariana Islands v. United States, 399 F. 3d 1057, the district court 
decision that the CNMI not only did not have 200-mile jurisdiction but 
did not have a 3-mile limit either. Establishing Federal ownership up 
to the mean high-water mark has compromised local authority to manage 
activities in the near-shore areas, such as shoreline permitting 
activities that are normally handled by State and local authorities. 
The District Court is allowing the local government to continue to 
exercise near-shore jurisdiction temporarily.
  On June 6, 2005, the attorney general of the CNMI wrote to Chairman 
Domenici and myself requesting that legislation be enacted to establish 
a 3-mile territorial limit for the CNMI--the same distance granted the 
other territories. This bill would grant the CNMI's request without 
prejudice to their right to further appeal their claim, and would allow 
the local government to continue management of near-shore areas.
  A second provision in this bill, also requested by the attorney 
general of the CNMI, would support an alternative process for the 
resolution of disputes between the U.S. and the CNMI. As mentioned 
above, there is an existing, but very formal, consultation process 
established under the covenant which requires the President and the 
Governor to designate official representatives to hold formal meetings. 
These procedures have generally been ineffective because their 
formality makes compromise difficult, particularly for those 
representing the CNMI. This proposed provision would offer a less 
formal alternative by indicating that Congress expects the Secretary of 
the Interior to take initial responsibility for seeking to resolve 
disputes. It would encourage the Secretary, in consultation with the 
other agencies involved, to settle any claim arising under the 
covenant, and it authorizes appropriations for any settlement. It would 
also allow the Secretary to use other funds that may have been 
appropriated under the covenant for the settlement of a dispute, if 
agreed to by the CNMI. For example, article VII of the covenant 
provides annual direct spending for capital construction projects. 
Disputes that may arise and be addressed under this new less-formal 
process include those relating to leases of land for defense purposes, 
construction of infrastructure, eligibility for Federal programs, or 
payments due the CNMI.
  The third bill being introduced today is requested by the delegate 
from the United States Virgin Islands, USVI, Donna Christensen, on 
behalf of herself and the Governor of the USVI. This bill would repeal 
sections of the United States Code that were enacted in 1936 to 
determine how real property taxes would be assessed in the USVI. These 
sections were thought to have been effectively repealed in 1954 with 
enactment of the Virgin Islands Organic Act--a law that substantially 
expanded the scope of local self-government. Last year, however, the 
Third Circuit Court of Appeals ruled that the 1936 law remains in 
effect. The court ruling has, therefore, effectively overturned 50 
years of local tax law. The simple solution to this situation, which 
this bill proposes, is to repeal the 1936 provisions as soon as 
possible. This approach is consistent with the intent of the 1954 law, 
and it is consistent with our general Federal territorial policy of 
delegating local real property tax policy to the local government.
  Consideration of these bills is important to meeting our Nation's 
responsibilities to the governments and residents of the islands. I 
look forward to working with Chairman Domenici, the representatives of 
the island governments, the administration, and the other members of 
the committee in considering these bills and reporting our 
recommendations to the Senate.
                                 ______
                                 
      By Mr. INHOFE (for himself and Mr. Coburn):
  S. 1832. A bill to authorize the Secretary of the Interior to lease 
oil and gas resources underlying Fort Reno, Oklahoma, to establish the 
Fort Reno Management Fund, and for other purposes; to the Committee on 
Energy and Natural Resources.
  Mr. INHOFE. Mr. President, today I proudly rise to introduce the 
``Fort Reno Mineral Leasing Act''.
  Fort Reno was established as a frontier cavalry post in 1874, and it 
played a key role in the settlement of the west. It is a historic site 
of National significance and it is listed on the National Register of 
Historic places. Over 9,000 visitors view the fort each year.
  In 1948 the U.S. Army turned its lands and buildings, at Fort Reno, 
over to the U.S. Department of Agriculture. Today, the original site 
remains intact as a complete frontier post. Dozens of buildings 
constructed by the military, as early as the 1880's, still stand around 
the Historic District.
  The Agricultural Research Service administers the fort site which 
includes the Grazinglands Research Facility, the Fort Reno Historic 
District, and the Fort Reno Science Park.
  Many of the historic buildings are in desperate need of restoration. 
A small agency like the Agricultural Research Service is not 
financially able to keep up with the continued costs of maintenance of 
so much aged infrastructure. Independent studies show that over $18 
million is now needed to restore the most important of the many old 
officers' quarters and other key buildings.
  I have been an active supporter of Fort Reno and its facilities. For 
instance, several years ago I helped secure a Save America's Treasures 
Grant of $300,000 to assist a local historical organization with the 
costs of stabilization of exteriors on those deteriorating buildings 
that are most in need of renovation. In fiscal year 2004, I arranged 
for an appropriation of $2.1 million for construction of two 
greenhouses for use in research on forage grasses that is conducted by 
the Agricultural Research Service at the Fort Reno site.
  The legislation I am introducing today will provide a revenue-
neutral, non-appropriated source of funding which will be adequate to 
restore the historical buildings of Fort Reno, so that they will be 
here for future generations.
  In addition, this bill authorizes the development of the oil and gas 
that lies beneath Fort Reno's 6,737 acres and places those funds in a 
special account in the U.S. Treasury that will be utilized for 
restoration and maintenance of those facilities. These funds will also 
be used to assist with handling visitors to the fort, historic 
interpretation and related activities. The remaining funds will be used 
to pay down the national debt.
  The Fort Reno Mineral Leasing Act is fully supported by State 
legislators, local municipalities, the Chamber of Commerce, farm 
groups, the USDA, and the ARS Administrator at Fort Reno.
  I look forward to seeing this Oklahoma-specific legislation enacted 
and am proud to have Senator Coburn as my original cosponsor.
  I ask unanimous consent that letters of support be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:


                                              City of El Reno,

                                  El Reno, OK, September 29, 2005.
     Hon. James Inhofe,
     U.S. Senate, Russell Building,
     Washington, DC.
       Dear Senator: As you know, the citizens of the City of El 
     Reno and others from across

[[Page 22496]]

     Oklahoma have long maintained a strong interest in restoring 
     the military buildings and other historic features at Fort 
     Reno. Fort Reno serves as a focal point for many of this 
     community's cultural and historical events, and it is visited 
     by thousands of tourists each year.
       As vital as Fort Reno is to our community and the State of 
     Oklahoma, it has much more potential as a national historic 
     site. That potential cannot be realized until the historic 
     buildings are restored. Cost to restore this site will be 
     considerable. Not restoring this site will cause Americans to 
     lose a significant piece of our nation's history. When you 
     consider the importance of saving this site for generations 
     to come, the cost is insignificant by comparison.
       The citizens of El Reno are thankful that you have 
     graciously agreed to consider drafting legislation that would 
     provide financial support for restoration and maintenance of 
     Fort Reno's aged buildings. You are to be commended for 
     acknowledging it is our responsibility to preserve our past 
     for future generations. I sincerely appreciate your respect 
     for our past and vision for our future.
           Sincerely,
                                                  Debbie Harrison,
     Vice Mayor, City of El Reno.
                                  ____

                                                  City of El Reno,


                                   Office of the City Manager,

                                  El Reno, OK, September 29, 2005.
     Hon. Jim Inhofe,
     Russell Building,
     Washington, DC.
       Dear Senator: The purpose of this letter is to express my 
     appreciation for your efforts on behalf of the citizens of 
     the City of El Reno, particularly as relates to restoration 
     of historic buildings at Fort Reno. We are grateful that you 
     assisted with the Save America's Treasures grant that 
     recently allowed work to begin on restoration of one of the 
     Fort's officers quarters, built before 1890. Fort Reno is one 
     of our city's most important resources, and we have long 
     looked forward to seeing it restored to its former glory.
       We understand that you intend to introduce legislation that 
     could allow more progress to be made toward complete 
     restoration and future maintenance of the Fort's buildings 
     and other historical assets. I urge you to do so. The 
     benefits will be considerable, not only for the people of 
     this city, but for the state of Oklahoma and the Nation.
           Sincerely,
                                                Douglas D. Henley,
     City Manager.
                                  ____



                                        Oklahoma State Senate,

                            Oklahoma City, OK, September 29, 2005.
     Hon. James Inhofe,
     Russell Building,
     Washington, DC.
       Dear Senator Inhofe. On behalf of my constituents and all 
     citizens of Oklahoma, I wish to thank you for assisting with 
     efforts to obtain funding for restoration of historic 
     buildings at Fort Reno. When they learn of it, many people in 
     my district will be grateful for your support. I and others 
     in the Legislature have worked hard to assist those who 
     operate the Fort Reno Visitors Center, but the level of 
     funding required to rescue and maintain these old structures 
     and other historical resources at the Fort is beyond our 
     abilities.
       Restoration and continued maintenance of the Fort's 
     buildings are of critical importance to all Oklahomans. Fort 
     Reno is a primary historic site in our area, and it attracts 
     over 9,000 visitors annually. It has great potential for 
     tourism and economic development, and that potential cannot 
     be realized until it is properly restored. I admire and 
     appreciate your willingness to introduce legislation that 
     will insure that Fort Reno's historic buildings are preserved 
     and maintained for future generations of Oklahomans.
       Please let me know if I can assist with this important 
     effort in any way.
           Sincerely,
                                                     Mike Johnson,
     Oklahoma State Senate, District 22.
                                  ____

                                       El Reno Chamber of Commerce


                                        and Development Corp.,

                                  El Reno, OK, September 29, 2005.
     Hon. James Inhofe,
     Russell Building,
     Washington, DC.
       Dear Senator: On behalf of the members and Board of 
     Directors of the El Reno Chamber of Commerce, I wish to 
     express our gratitude to you for assisting the citizens of 
     this city and the State of Oklahoma to restore one of our 
     most cherished historical assets, the buildings of Fort Reno. 
     New sources of funding to restore and maintain the Fort's 
     buildings are of critical importance to us. Fort Reno is the 
     principle historic site in our area and it attracts almost 
     10,000 visitors to our city annually; however, it is badly in 
     need of repair and maintenance.
       As you know, the costs required to complete a restoration 
     project of this magnitude far exceeds the capabilities of any 
     state, local organization or entity. We appreciate your 
     willingness to assist us with legislation that will insure 
     that Fort Reno's historic buildings are preserved and 
     maintained, and made available for the benefit of both 
     Oklahomans and our out-of-state visitors.
       Please let us know if there is anything we can do to help 
     with this effort by calling (405) 262-1188.
           Sincerely,
                                                        Karen Nix,
     Executive Director.
                                  ____



                                         Oklahoma Farm Bureau,

                               Oklahoma City, OK, October 4, 2005.
     Hon. Jim Inhofe,
     U.S. Senate, Russell Building,
     Washington, DC.
       Dear Senator Inhofe: We appreciate your ongoing support for 
     the Ft. Reno Agricultural Research Service Station. As you 
     know, at one time the physical ARS facility had suffered from 
     neglect and the reorganization of ARS. Now the physical 
     facility is much improved, and the research staff are doing 
     great work. It is truly an operation in which many of us take 
     great pride.
       I appreciate that you have an interest in helping the 
     citizens of Oklahoma to preserve the historical buildings of 
     Fort Reno. Funding is badly needed to restore and maintain 
     these buildings, many of which were built as early as the 
     1880s. I understand you are willing to introduce legislation 
     that will ensure that these historic buildings are not lost, 
     but are preserved and maintained and made available for 
     viewing and use by future generations of Oklahomans.
       I understand the historic area of the Fort has a lot of 
     local support from the community, and that you support a 
     revenue-neutral approach to financing the restoration of Fort 
     Reno without increasing our tax burden. Our much missed state 
     board member, Henry Jo VonTungeln, was an active proponent of 
     using a revenue-neutral approach to funding the restoration 
     of the Fort.
       Your willingness to carry legislation to implement this 
     approach is greatly appreciated. The success of the 
     legislation will mean a great deal to Oklahomans and 
     Americans, as well as the thousands of people who visit Fort 
     Reno each year.
       Thank you for your consideration in this matter.
           Sincerely,
                                                    Steve Kouplen,
     President.
                                  ____



                                       Oklahoma Farmers Union,

                            Oklahoma City, OK, September 30, 2005.
     Hon. James Inhofe,
     U.S. Senate,
     Washington, DC.
       Dear Senator Inhofe: On behalf of Oklahoma Farmers Union 
     and the 100,000 family farmers, ranchers and rural citizens 
     our organization represents, we appreciate your dedication to 
     Oklahoma and your current efforts to preserve, restore and 
     maintain Fort Reno here in the heart of our great state. This 
     historical location and buildings, built in the 1800s, 
     remains an attraction to thousands of Oklahomans and out-of-
     state tourists each year.
       Thank you for your interest, and more importantly, your 
     efforts to ensure much needed funding for this project. The 
     legislation you are currently working on in regards to Fort 
     Reno will ensure these buildings and this historic site will 
     not be lost, but instead will be available for generations to 
     come. We sincerely appreciate the revenue-neutral approach to 
     financing the restoration of Fort Reno, without increasing 
     our tax burden.
       Again, thank you for your active role in preservation of 
     Fort Reno and all your efforts on behalf of our great state.
           Sincerely,
                                                      Ray L. Wulf,
                                                  President & CEO.

                                 ______
                                 
      By Mr. JEFFORDS (for himself, Mr. Sarbanes and Mr. Dayton):
  S. 1834. A bill to authorize the Secretary of the Department of 
Housing and Urban Development to make grants to States for affordable 
housing for low-income persons, and for other purposes; to the 
Committee on Banking, Housing, and Urban Affairs.
  Mr. JEFFORDS. Mr. President, over the past several weeks, in the wake 
of two hurricanes, we have felt the heartbreak of Americans forced from 
their homes with no return in sight. Safe and affordable housing is not 
something we should take for granted.
  Today I am introducing the Affordable Housing Preservation Act of 
2005. I am proud to be joined by my colleagues, Senators Paul Sarbanes 
and Mark Dayton. This bill provides federal matching funds for the 
acquisition and rehabilitation of existing federally-assisted or -
insured affordable housing properties that are in danger of being lost 
from the affordable housing inventory.
  There is a great need for affordable housing. All across the country, 
housing is becoming less attainable for more and more families. In my 
own State of Vermont, renting--let alone owning--a home is becoming 
difficult if not impossible for many families. The minimum wage in 
Vermont is seven

[[Page 22497]]

dollars. However, a family must earn almost $28,000 in yearly income to 
afford a two-bedroom apartment, which requires a wage of over $13 per 
hour. For example, in Vermont, a two-bedroom apartment costs about $698 
per month, and a minimum wage earner can afford no more than $364 for 
rent. This trend is not unique to Vermont. Nationwide, the wage needed 
to afford a two-bedroom apartment is over $15 an hour. Approximately 
one-quarter of the U.S. earns less than $10 per hour. There are some 
communities where affordable housing was never a concern before, but 
are now facing a shortage growing ever more severe. I ask unanimous 
consent to have a chart compiled by the National Low Income Housing 
Coalition (NLIHC), ``State Ranks Based on Two Bedroom Housing Wage'', 
inserted in the Record. As my colleagues read this chart, I encourage 
them to refer to the NLIHC report issued last year, ``Out of Reach'', 
for a more comprehensive overview of housing prices and diminishing 
affordability. I found this report particularly alarming and eye-
opening.
  There are several strategies to consider in combating the affordable 
housing crisis. A comprehensive plan of economic and community 
development and revitalization--from public and private sector 
sources--is one strategy that has proved successful. Some of the 
increasing need for affordable housing is met with the construction of 
new units. But in many communities, a stock of affordable housing 
already exists, and there is a desire among local leaders to preserve 
it. My bill helps States, localities, and other entities do just that.
  The bill I am introducing today, the Affordable Housing Preservation 
Act of 2005, represents an effort to complement the good work being 
done throughout the country on Section 8 initiatives, and it strives to 
preserve existing affordable housing. Specifically, this legislation 
would conserve federally-subsidized housing units by providing matching 
grants to states and localities, who then may work with other housing 
entities, seeking to preserve privately owned, affordable housing.
  The Secretary of Housing and Urban Development, HUD, would make 
determinations for the grants based on a number of factors, including 
the number of affordable housing units at risk of being lost and the 
local market conditions in which displaced residents would have to find 
comparable new housing options. States and localities could use the 
funds to acquire or rehabilitate housing, which may be done by working 
with established not-for-profit organizations that specialize in 
providing affordable housing. They could use the funds, in part, for 
administrative and operating expenses. Properties with mortgages 
insured by HUD, Section 8 project-based assisted housing, and 
properties that are being purchased by residents would all be eligible 
for the matching grant funds. I believe that flexibility with the 
funding would make this program more efficient and cost effective, and, 
most importantly, more helpful to the recipients themselves.
  What's more important to a family than a place to call home? 
Affordable, quality, and safe housing is the foundation, literally and 
figuratively, that communities are built upon. As the Senate crafts a 
comprehensive federal response to the housing crisis, including 
emergency housing assistance for those affected by the hurricanes 
Katrina and Rita, I am eager to work with my colleagues to integrate 
the principles of housing preservation into affordable housing, 
economic and community development and revitalization initiatives.

              STATE RANKS BASED ON TWO BEDROOM HOUSING WAGE
                     [Higher Rank = Less Affordable]
------------------------------------------------------------------------
                                                               Housing
                                                               wage for
           Rank                          State               two bedroom
                                                                 FRM
------------------------------------------------------------------------
52.......................  District of Columbia............       $22.83
51.......................  California......................        21.24
50.......................  Massachusetts...................        20.93
49.......................  New Jersey......................        20.35
48.......................  Maryland........................        18.25
47.......................  New York........................        18.18
46.......................  Connecticut.....................        17.90
45.......................  Hawaii..........................        17.60
44.......................  Alaska..........................        17.07
43.......................  Nevada..........................        16.92
42.......................  New Hampshire...................        16.79
41.......................  Colorado........................        16.64
40.......................  Rhode Island....................        16.29
39.......................  Virginia........................        16.05
38.......................  Illinois........................        15.44
37.......................  Florida.........................        15.37
36.......................  Minnesota.......................        15.07
35.......................  Arizona.........................        14.93
34.......................  Washington......................        14.32
33.......................  Delaware........................        14.16
32.......................  Georgia.........................        14.12
31.......................  Texas...........................        13.84
30.......................  Pennsylvania....................        13.82
29.......................  Michigan........................        13.58
28.......................  Vermont.........................        13.42
27.......................  Utah............................        13.36
26.......................  Oregon..........................        12.89
25.......................  Maine...........................        12.82
24.......................  Wisconsin.......................        12.22
23.......................  Ohio............................        12.08
22.......................  North Carolina..................        11.98
21.......................  Missouri........................        11.85
20.......................  Indiana.........................        11.77
19.......................  New Mexico......................        11.58
18.......................  Kansas..........................        11.22
17.......................  Idaho...........................        11.20
16.......................  Nebraska........................        11.08
15.......................  South Carolina..................        11.04
14.......................  Tennessee.......................        11.04
13.......................  Louisiana.......................        10.95
12.......................  Iowa............................        10.74
11.......................  Montana.........................        10.50
10.......................  Oklahoma........................        10.40
 9.......................  Kentucky........................        10.23
 8.......................  South Dakota....................        10.18
 7.......................  Wyoming.........................        10.06
 6.......................  Alabama.........................         9.84
 5.......................  Mississippi.....................         9.79
 4.......................  Arkansas........................         9.63
 3.......................  North Dakota....................         9.48
 2.......................  West Virginia...................         9.31
 1.......................  Puerto Rico.....................         7.22
------------------------------------------------------------------------

                                 ______
                                 
      By Mr. JEFFORDS (for himself, Mrs. Boxer, Mr. Lieberman, Mrs. 
        Clinton, Mr. Carper, Mr. Lautenberg, Mr. Obama, and Mr. 
        Baucus):
  S. 1836. A bill to provide for reconstruction, replacement, and 
improvement of infrastructure in the Gulf Coast Region; to the 
Committee on Environment and Public Works.
  Mr. JEFFORDS. Mr. President, I rise today to introduce the Gulf Coast 
Infrastructure Redevelopment and Recovery Act of 2005 on behalf of the 
minority side of the EPW Committee. We have introduced three bi-
partisan bills to date in our committee's jurisdiction. One of them 
even passed the Senate last week. Those bills, which I would 
characterize as tweaks to existing authorities, were good first steps 
and are included in the package we introduce today.
  But, we feel that the breadth and the magnitude of the damage after 
Hurricane Katrina demands a more significant response. As I look at the 
pictures of the damage in the areas hit hardest by Hurricane Katrina, I 
think of the visitors from Terrebonne Parish that visited me in my 
office to seek support for flood control projects in Louisiana. At the 
time, I was struck by the vulnerability of this community to the 
effects of nature. Today, we are seeing those effects firsthand. I have 
thought often in the past month of the strong spirit shown by those who 
visited my office, and I know, that while it is almost unimaginable 
today, in a few years, there will be thriving communities in Louisiana, 
Mississippi, and Alabama once again.
  The bill I am introducing today is not intended to address every need 
of every person in the Katrina-affected area. It is a bill that seeks 
to take action for those agencies within the jurisdiction of the EPW 
Committee to ensure that they have the authority and the direction they 
need. I am a big believer in a single coordinated Federal disaster 
response process through the Stafford Act. Our bill complements the 
single, coordinated approach, yet recognizes the unique conditions in 
this case.
  FEMA has shown itself to be ineffective, in my opinion, largely due 
to the bureaucracy of the Department of Homeland Security and FEMA's 
lack of independence. At the time of the creation of DHS, I said: I 
cannot understand why, after years of frustration and failure, we would 
jeopardize the Federal government's effective response to natural 
disasters by dissolving FEMA into this monolithic Homeland Security 
Department. I fear that FEMA will no longer be able to adequately 
respond to hurricanes, fires, floods, and earthquakes, begging the 
question, who will? (November 20, 2002)
  Today, unfortunately, we know the answer--no one.
  The Federal aid provided for Katrina must be coordinated in a wise, 
targeted manner. To perform this task, our bill creates a Federal 
infrastructure Task Force to make spending decisions and establish 
Federal investment standards.

[[Page 22498]]

  There have been large storms before--in 1965 Hurricane Betsy hit 
almost this same area. There will be large storms again. This bill 
recognizes that and establishes National Preparedness Grants and 
several readiness studies to update emergency response plans, resolve 
inadequacies, and identify infrastructure vulnerabilities.
  To speed economic recovery, the bill provides 200M to both the 
Economic Development Administration and the Delta Regional Authority.
  Part of the long-term recovery of the region will be the clean-up of 
the environmental damage. Our bill provides direction to EPA to ensure 
that adequate sampling is performed, that the public knows the results, 
that drinking water and wastewater services are restored, and that 
cleanups are prioritized.
  The Army Corps of Engineers has a lot of explaining to do after the 
levee failure in New Orleans. The Corps also has a lot of clean up to 
do and a lot of rebuilding to do. The flood control system in place 
today was built in the wake of the damage caused by Hurricane Betsy in 
1965. I believe it is critical that we fully evaluate the entire Corps 
process to determine what changes should be made. This bill takes only 
a first step to be sure that we don't simply rebuild what was already 
in New Orleans without thinking. The bill requires the Corps to assess 
all projects in the area and repair or modify them with one 
comprehensive approach.
  We establish a National Levee Safety Program in this bill, similar to 
the Dam Safety Program to be sure our nation's levees can be counted 
on.
  Finally, our bill allows communities that provide incentives for the 
use of public transportation or ridesharing after a disaster to seek 
Federal reimbursement.
  What doesn't our bill do? Our bill does not waive environmental 
statutes. Since the Stafford Act was passed in 1974, there have been 
thousands of declared disasters. Never before have we faced a proposal 
to haphazardly waive environmental statutes across the Nation in the 
name of economic recovery in one devastated area. In the last few weeks 
several proposals have been introduced to give the President or EPA 
broad waiver authority in the wake of Hurricane Katrina. These 
proposals put human health and the environment at risk throughout the 
Nation by allowing permanent waivers to environmental or other laws, 
anywhere in the Nation, to be granted with few or no criteria, and no 
public involvement.
  The consequences of such an action could be significant. For example, 
new refineries or power generating facilities could be built while 
exempt from the Clean Air Act, causing long-term air quality impacts. 
Congressional offshore drilling bans could be waived to alleviate a 
fuel shortage. Safe Drinking Water Act regulations could be changed to 
waive limits on pollutant levels in an effort to speed reoccupancy of 
hurricane-affected areas, putting public health at risk. Protections 
for minorities or low-income people such as OSHA safety regulations or 
the minimum wage could be waived.
  I want to help the people of Louisiana, Mississippi, and Alabama. The 
people of my home State of Vermont are appalled at the state of affairs 
there and want to help. But, I cannot accept a proposal this broad 
which will put human health and the environment throughout the Nation 
at the mercy of one President or appointed official with no time 
limits, no consideration of human health or the environment, no public 
participation, and no guidance. Such as effort will only hurt the 
people of an already devastated region in the long run, not help them.
  We must not just act to help the victims of Katrina. We must act in a 
thoughtful, meaningful, positive way.
  The Gulf Coast Infrastructure Redevelopment and Recovery Act of 2005 
meets that test. I urge my colleagues to co-sponsor this legislation.
                                 ______
                                 
      By Mr. REED:
  S. 1837. A bill to amend the Magnuson-Stevens Fishery Conservation 
and Management Act to add Rhode Island to the Mid-Atlantic Fishery 
Management Council; to the Committee on Commerce, Science, and 
Transportation.
  Mr. REED. Mr. President, today I introduce the Rhode Island 
Fishermen's Fairness Act of 2005. This legislation would address a 
serious flaw in our Nation's regional fisheries management system by 
adding Rhode Island to the Mid-Atlantic Fishery Management Council 
(MAFMC), which currently consists of representatives from New York, New 
Jersey, Delaware, Pennsylvania, Maryland, Virginia, and North Carolina.
  The MAFMC manages the following 13 species, all of which are landed 
in Rhode Island: Illex squid, loligo squid, Atlantic mackerel, black 
sea bass, bluefish, butterfish, monkfish, scup, spiny dogfish, summer 
flounder, surfclam, ocean quahog, and tilefish.
  In 2003, the most recent year for which final data are available, 
Rhode Island fishermen brought in 30 percent of MAFMC landings by 
weight--more than any of the MAFMC member States except New Jersey, 
which is responsible for about 60 percent of total MAFMC landings.
  If Rhode Island fishermen are responsible for a large percentage of 
overall MAFMC landings, these species make up an even larger proportion 
of landings within Rhode Island every year. Between 1995 and 2003, 
MAFMC species represented between 32 percent and 56 percent of all 
finfish landed in Rhode Island annually, for an average of 44 percent 
of total landings by weight. In eight of the years between 1990 and 
2003, squid, Illex and loligo, was the number one marine species landed 
in Rhode Island, with a value of between $11.6 million and $20.1 
million annually.
  Yet Rhode Island has no voice in the management of these species.
  Following council tradition and Federal fisheries law, the Rhode 
Island Fishermen's Fairness Act would create two seats on the MAFMC for 
Rhode Island: one seat nominated by the Governor of Rhode Island and 
appointed by the Secretary of Commerce, and a second seat filled by 
Rhode Island's principal State official with marine fishery management 
responsibility. The MAFMC would increase in size from 21 voting members 
to 23.
  There is a precedent for this proposed legislation. In 1996, North 
Carolina's representatives in Congress succeeded in adding that state 
to the MAFMC through an amendment to the Sustainable Fisheries Act. 
Like Rhode Island, a significant proportion of North Carolina's landed 
fish species were managed by the MAFMC, yet the State had no vote on 
the council. Today, Rhode Island's share of total landings for species 
managed by the MAFMC is more than six times greater than that of North 
Carolina.
  I look forward to working with my colleagues to restore a measure of 
equity to the fisheries management process by passing the Rhode Island 
Fishermen's Fairness Act. I ask unanimous consent that the text of the 
legislation be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1837

       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 ``Rhode Island Fishermen's 
     Fairness Act''.

     SEC. 2. ADDITION OF RHODE ISLAND TO THE MID-ATLANTIC FISHERY 
                   MANAGEMENT COUNCIL.

       Section 302(a)(1)(B) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1852(a)(1)(B)) is 
     amended--
       (1) by inserting ``Rhode Island,'' after ``States of'';
       (2) by inserting ``Rhode Island,'' after ``except North 
     Carolina,'';
       (3) by striking ``21'' and inserting ``23''; and
       (4) by striking ``13'' and inserting ``14''.
                                 ______
                                 
      By Mr. VOINOVICH (for himself and Ms. Collins):
  S. 1838. A bill to provide for the sale, acquisition, conveyance, and 
exchange of certain real property in the District of Columbia to 
facilitate the utilization, development, and redevelopment of such 
property, and for other purposes; to the Committee on Homeland Security 
and Governmental Affairs.
  Mr. VOINOVICH. Mr. President, today I rise to introduce the ``Federal

[[Page 22499]]

and District of Columbia Government Real Property Act of 2005,'' a bill 
to authorize the exchange of certain land parcels between the Federal 
Government and the District of Columbia. This proposal was submitted to 
Congress by the administration with support of the District.
  As Chairman of the Subcommittee on Oversight of Government 
Management, the Federal Workforce and the District of Columbia, I 
understand the special relationship shared with the Federal Government 
and the District. Because of this relationship, Congress shares in the 
responsibility of ensuring that the Nation's capital remains a 
socially, economically, and culturally vibrant city.
  Under this legislation, the Federal properties to be transferred to 
the District of Columbia will be put to better use. This will free up 
tax dollars being used to maintain the underutilized land to be spent 
on more important needs facing our Nation. The vast majority of the 
conveyance is contained in three large properties at or near the 
Anacostia River: Popular Point, Reservation 13, and several acres of 
National Park Service land near Robert F. Kennedy Stadium. The bill 
also would transfer buildings and property located on the west campus 
of St. Elizabeth's Hospital and several smaller properties from the 
District of Columbia to the Federal Government.
  Conveying these properties will allow the Federal Government to 
better manage its properties. Additionally, the District gains the 
ability to spur economic development in Southeast Washington, better 
address the needs of its citizens, and increase the local tax base. I 
urge all of my colleagues to support this legislation and I am 
confident that it can be enacted this year.
  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. 1838

       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 ``Federal and District of 
     Columbia Government Real Property Act of 2005''.

    TITLE I--REAL PROPERTY CONVEYANCES BETWEEN THE GENERAL SERVICES 
              ADMINISTRATION AND THE DISTRICT OF COLUMBIA

     SEC. 101. EXCHANGE OF TITLE OVER RESERVATION 13 AND CERTAIN 
                   OTHER PROPERTIES.

       (a) Conveyance of Properties.--
       (1) In general.--On the date on which the District of 
     Columbia conveys to the Administrator of General Services all 
     right, title, and interest of the District of Columbia in the 
     property described in subsection (c), the Administrator shall 
     convey to the District of Columbia all right, title, and 
     interest of the United States in--
       (A) U.S. Reservation 13, subject to the conditions 
     described in subsection (b); and
       (B) Old Naval Hospital.
       (2) Properties defined.--In this section--
       (A) the term ``U.S. Reservation 13'' means that parcel of 
     land in the District of Columbia consisting of the 
     approximately 66 acres which is bounded on the north by 
     Independence Avenue Southeast, on the west by 19th Street 
     Southeast, on the south by G Street Southeast, and on the 
     east by United States Reservation 343, and being the same 
     land described in the Federal transfer letter of October 25, 
     2002, from the United States to the District of Columbia, and 
     subject to existing matters of record; and
       (B) the term ``Old Naval Hospital'' means the property in 
     the District of Columbia consisting of Square 948 in its 
     entirety, together with all the improvements thereon.
       (b) Conditions for Conveyance of Reservation 13.--As a 
     condition for the conveyance of U.S. Reservation 13 to the 
     District of Columbia under this section, the District of 
     Columbia shall agree--
       (1) to set aside a portion of the property for the 
     extension of Massachusetts Avenue Southeast and the placement 
     of a potential commemorative work to be established pursuant 
     to chapter 89 of title 40, United States Code, at the 
     terminus of Massachusetts Avenue Southeast (as so extended) 
     at the Anacostia River;
       (2) to convey all right, title, and interest of the 
     District of Columbia in the portion set aside under paragraph 
     (1) to the Secretary of the Interior (acting through the 
     Director of the National Park Service) at such time as the 
     Secretary may require, if a commemorative work is established 
     in the manner described in paragraph (1); and
       (3) to permit the Court Services and Offender Supervision 
     Agency for the District of Columbia to continue to occupy a 
     portion of the property consistent with the requirements of 
     the District of Columbia Appropriations Act, 2002 (Public Law 
     107-96; 115 Stat. 931).
       (c) District of Columbia Property to Be Conveyed to the 
     Administrator.--The property described in this subsection is 
     the real property consisting of Building Nos. 16, 37, 38, 
     118, and 118-A and related improvements, together with the 
     real property underlying those buildings and improvements, on 
     the West Campus of Saint Elizabeths Hospital, as described in 
     the quitclaim deed of September 30, 1987, by and between the 
     United States and the District of Columbia and recorded in 
     the Office of the Recorder of Deeds of the District of 
     Columbia on October 7, 1987.
       (d) Limitation on Environmental Liability.--Notwithstanding 
     any other provision of law--
       (1) the District of Columbia shall not be responsible for 
     any environmental liability, response action, remediation, 
     corrective action, damages, costs, or expenses associated 
     with the property for which title is conveyed to the 
     Administrator of General Services under this section; and
       (2) all environmental liability, responsibility, 
     remediation, damages, costs, and expenses as required by 
     applicable Federal, State and local law, including the 
     Comprehensive Environmental Response, Compensation and 
     Liability Act (42 U.S.C. 9601 et seq.), the Federal Water 
     Pollution Control Act (known as Clean Water Act) (33 U.S.C. 
     1251 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), 
     the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the 
     Rivers and Harbors Act (33 U.S.C. 540 et seq.), the Toxic 
     Substances Control Act (15 U.S.C. 2601, et seq.), and the Oil 
     Pollution Act (33 U.S.C. 2701 et seq.) for such property 
     shall be borne by the United States, which shall conduct all 
     environmental activity with respect to such properties, and 
     bear any and all costs and expenses of any such activity.

     SEC. 102. TERMINATION OF CLAIMS.

       (a) In General.--Notwithstanding any other provision of 
     law, the United States is not required to perform, or to 
     reimburse the District of Columbia for the cost of 
     performing, any of the following services:
       (1) Repairs or renovations pursuant to section 4(f) of the 
     Saint Elizabeths Hospital and District of Columbia Mental 
     Health Services Act (24 U.S.C. 225b(f); sec. 44-903(f), D.C. 
     Official Code).
       (2) Preservation, maintenance, or repairs pursuant to a use 
     permit executed on September 30, 1987, under which the United 
     States (acting through the Secretary of Health and Human 
     Services) granted permission to the District of Columbia to 
     use and occupy portions of the Saint Elizabeths Hospital 
     property known as the ``West Campus''.
       (3) Mental health diagnostic and treatment services for 
     referrals as described in section 9(b) of the Saint 
     Elizabeths Hospital and District of Columbia Mental Health 
     Services Act (24 U.S.C. 225g(b); sec. 44-908(b), D.C. 
     Official Code), but only with respect to services provided on 
     or before the date of the enactment of this Act.
       (b) Effect on Pending Claims.--Any claim of the District of 
     Columbia against the United States for the failure to 
     perform, or to reimburse the District of Columbia for the 
     cost of performing, any service described in subsection (a) 
     which is pending as of the date of the enactment of this Act 
     shall be extinguished and terminated.

TITLE II--STREAMLINING MANAGEMENT OF PROPERTIES LOCATED IN THE DISTRICT 
                              OF COLUMBIA

     SEC. 201. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER 
                   CERTAIN PROPERTIES.

       (a) Transfer of Administrative Jurisdiction From District 
     of Columbia to United States.--
       (1) In general.--Administrative jurisdiction over each of 
     the following properties (owned by the United States and as 
     depicted on the Map) is hereby transferred, subject to the 
     terms in this subsection, from the District of Columbia to 
     the Secretary of the Interior for administration by the 
     Director:
       (A) An unimproved portion of Audubon Terrace Northwest, 
     located east of Linnean Avenue Northwest, that is within U.S. 
     Reservation 402 (National Park Service property).
       (B) An unimproved portion of Barnaby Street Northwest, 
     north of Aberfoyle Place Northwest, that abuts U.S. 
     Reservation 545 (National Park Service property).
       (C) A portion of Canal Street Southwest, and a portion of V 
     Street Southwest, each of which abuts U.S. Reservation 467 
     (National Park Service property).
       (D) Unimproved streets and alleys at Fort Circle Park 
     located within the boundaries of U.S. Reservation 497 
     (National Park Service property).
       (E) An unimproved portion of Western Avenue Northwest, 
     north of Oregon Avenue Northwest, that abuts U.S. Reservation 
     339 (National Park Service property).
       (F) An unimproved portion of 17th Street Northwest, south 
     of Shepherd Street Northwest, that abuts U.S. Reservation 339 
     (National Park Service property).
       (G) An unimproved portion of 30th Street Northwest, north 
     of Broad Branch Road

[[Page 22500]]

     Northwest, that is within the boundaries of U.S. Reservation 
     515 (National Park Service property).
       (H) Subject to paragraph (2), lands over I-395 at 
     Washington Avenue Southwest.
       (I) A portion of U.S. Reservation 357 at Whitehaven Parkway 
     Northwest, previously transferred to the District of Columbia 
     in conjunction with the former proposal for a residence for 
     the Mayor of the District of Columbia.
       (2) Use of certain property for memorial.--In the case of 
     the property for which administrative jurisdiction is 
     transferred under paragraph (1)(H), the property shall be 
     used as the site for the establishment of a memorial to honor 
     disabled veterans of the United States Armed Forces 
     authorized to be established by the Disabled Veterans' LIFE 
     Memorial Foundation by Public Law 106-348 (114 Stat. 1358; 40 
     U.S.C. 8903 note), except that the District of Columbia shall 
     retain administrative jurisdiction over the subsurface area 
     beneath the site for the tunnel, walls, footings, and related 
     facilities.
       (b) Transfer of Administrative Jurisdiction From United 
     States to District of Columbia.--Administrative jurisdiction 
     over the following property owned by the United States and 
     depicted on the Map is hereby transferred from the Secretary 
     to the District of Columbia for administration by the 
     District of Columbia:
       (1) A portion of U.S. Reservation 451.
       (2) A portion of U.S. Reservation 404.
       (3) U.S. Reservations 44, 45, 46, 47, 48, and 49.
       (4) U.S. Reservation 251.
       (5) U.S. Reservation 8.
       (6) U.S. Reservations 277A and 277C.
       (7) Portions of U.S. Reservation 470.
       (c) Effective Date.--The transfers of administrative 
     jurisdiction under this section shall take effect on the date 
     of the enactment of this Act.

     SEC. 202. EXCHANGE OF TITLE OVER CERTAIN PROPERTIES.

       (a) Conveyance of Title.--
       (1) In general.--On the date on which the District of 
     Columbia conveys to the Secretary all right, title, and 
     interest of the District of Columbia in each of the 
     properties described in subsection (b) for use as described 
     in such subsection, the Secretary shall convey to the 
     District of Columbia all right, title, and interest of the 
     United States in each of the properties described in 
     subsection (c).
       (2) Administration by national park service.--The 
     properties conveyed by the District of Columbia to the 
     Secretary under this section shall be administered by the 
     Director upon conveyance.
       (b) Properties to Be Conveyed to the Secretary; Use.--The 
     properties described in this subsection and their uses are as 
     follows (as depicted on the Map):
       (1) Lovers Lane Northwest, abutting U.S. Reservation 324, 
     for the closure of a one-block long roadway adjacent to 
     Montrose Park.
       (2) Needwood, Niagara, and Pitt Streets Northwest, within 
     the Chesapeake and Ohio Canal National Historical Park, for 
     the closing of the rights-of-way now occupied by the 
     Chesapeake and Ohio Canal.
       (c) Properties to Be Conveyed to the District of 
     Columbia.--The properties described in this subsection are as 
     follows (as depicted on the Map):
       (1) U.S. Reservation 17A.
       (2) U.S. Reservation 484.
       (3) U.S. Reservations 243, 244, 245, and 247.
       (4) U.S. Reservations 128, 129, 130, 298, and 299.
       (5) Portions of U.S. Reservations 343D and 343E.
       (6) U.S. Reservations 721, 722, and 723.

     SEC. 203. CONVEYANCE OF UNITED STATES RESERVATION 174.

       (a) Conveyance; Use.--If the District of Columbia enacts a 
     final plan for the development of the former Convention 
     Center Site which meets the requirements of subsection (b)--
       (1) the Secretary shall convey all right, title, and 
     interest of the United States in U.S. Reservation 174 (as 
     depicted on the Map) to the District of Columbia upon the 
     enactment of such plan; and
       (2) the District shall use the property so conveyed in 
     accordance with such plan.
       (b) Requirements for Development Plan.--The plan for the 
     development of the former Convention Center Site meets the 
     requirements of this subsection if--
       (1) the plan is developed through a public process;
       (2) during the process for the development of the plan, the 
     District of Columbia considers at least one version of the 
     plan under which the entire portion of U.S. Reservation 174 
     which is set aside as open space as of the date of the 
     enactment of this Act shall continue to be set aside as open 
     space (including a version under which facilities are built 
     under the surface of such portion); and
       (3) not less than 1\1/4\ acres of the former Convention 
     Center Site are set aside for open space under the plan.
       (c) Former Convention Center Site Defined.--In this 
     section, the ``former Convention Center Site'' means the 
     parcel of land in the District of Columbia which is bounded 
     on the east by 9th Street Northwest, on the north by New York 
     Avenue Northwest, on the west by 11th Street Northwest, and 
     on the south by H Street Northwest.

     SEC. 204. CONVEYANCE OF PORTION OF RFK STADIUM SITE FOR 
                   EDUCATIONAL PURPOSES.

       Section 7 of the District of Columbia Stadium Act of 1957 
     (sec. 3-326, D.C. Official Code) is amended by adding at the 
     end the following new subsection:
       ``(e)(1) Upon receipt of a written description from the 
     District of Columbia of a parcel of land consisting of not 
     more than 15 contiguous acres (hereafter in this subsection 
     referred to as `the described parcel'), with the longest side 
     of the described parcel abutting one of the roads bounding 
     the property, within the area designated `D' on the revised 
     map entitled `Map to Designate Transfer of Stadium and Lease 
     of Parking Lots to the District' and bound by Oklahoma Avenue 
     Northeast, Benning Road Northeast, the Metro line, and 
     Constitution Avenue Northeast, and a long-term lease executed 
     by the District of Columbia that is contingent upon the 
     Secretary's conveyance of the described parcel and for the 
     purpose consistent with this paragraph, the Secretary shall 
     convey all right, title, and interest in the described parcel 
     to the District of Columbia for the purpose of siting, 
     developing, and operating an educational institution for the 
     public welfare, with first preference given to a pre-
     collegiate public boarding school.
       ``(2) Upon conveyance under paragraph (1), the portion of 
     the stadium lease that affects the described parcel and all 
     the conditions associated therewith shall terminate, the 
     described parcel shall be removed from the `Map to Designate 
     Transfer of Stadium and Lease of Parking Lots to the 
     District', and the long-term lease described in paragraph (1) 
     shall take effect immediately.''.

                        TITLE III--POPLAR POINT

     SEC. 301. CONVEYANCE OF POPLAR POINT TO DISTRICT OF COLUMBIA.

       (a) Conveyance.--Upon certification by the Secretary of the 
     Interior (acting through the Director) that the District of 
     Columbia has adopted a land-use plan for Poplar Point which 
     meets the requirements of section 302, the Director shall 
     convey to the District of Columbia all right, title, and 
     interest of the United States in Poplar Point, in accordance 
     with this title.
       (b) Withholding of Existing Facilities and Properties of 
     National Park Service From Initial Conveyance.--The Director 
     shall withhold from the conveyance made under subsection (a) 
     the facilities and related property (including necessary 
     easements and utilities related thereto) which are occupied 
     or otherwise used by the National Park Service in Poplar 
     Point prior to the adoption of the land-use plan referred to 
     in subsection (a), as identified in such land-use plan in 
     accordance with section 302(c).

     SEC. 302. REQUIREMENTS FOR POPLAR POINT LAND-USE PLAN.

       (a) In General.--The land-use plan for Poplar Point meets 
     the requirements of this section if the plan includes each of 
     the following elements:
       (1) The plan provides for the reservation of a portion of 
     Poplar Point for park purposes, in accordance with subsection 
     (b).
       (2) The plan provides for the identification of existing 
     facilities and related properties of the National Park 
     Service, and the relocation of the National Park Service to 
     replacement facilities and related properties, in accordance 
     with subsection (c).
       (3) Under the plan, at least two sites within the areas 
     designated for park purposes are set aside for the placement 
     of potential commemorative works to be established pursuant 
     to chapter 89 of title 40, United States Code, and the plan 
     includes a commitment by the District of Columbia to convey 
     back those sites to the National Park Service at the 
     appropriate time, as determined by the Secretary.
       (4) To the greatest extent practicable, the plan is 
     consistent with the Anacostia Waterfront Framework Plan 
     referred to in section 103 of the Anacostia Waterfront 
     Corporation Act of 2004 (sec. 2-1223.03, D.C. Official Code).
       (b) Reservation of Areas for Park Purposes.--The plan shall 
     identify a portion of Poplar Point consisting of not fewer 
     than 70 acres (including wetlands) which shall be reserved 
     for park purposes and shall require such portion to be 
     reserved for such purposes in perpetuity, and shall provide 
     that any person (including an individual or a public entity) 
     shall have standing to enforce the requirement.
       (c) Identification of Existing and Replacement Facilities 
     and Properties for National Park Service.--
       (1) Identification of existing facilities.--The plan shall 
     identify the facilities and related property (including 
     necessary easements and utilities related thereto) which are 
     occupied or otherwise used by the National Park Service in 
     Poplar Point prior to the adoption of the plan.
       (2) Relocation to replacement facilities.--
       (A) In general.--To the extent that the District of 
     Columbia and the Director determine jointly that it is no 
     longer appropriate for the National Park Service to occupy or 
     otherwise use any of the facilities and related property 
     identified under paragraph (1), the plan shall--

[[Page 22501]]

       (i) identify other suitable facilities and related property 
     (including necessary easements and utilities related thereto) 
     in the District of Columbia to which the National Park 
     Service may be relocated;
       (ii) provide that the District of Columbia shall take such 
     actions as may be required to carry out the relocation, 
     including preparing the new facilities and properties and 
     providing for the transfer of such fixtures and equipment as 
     the Director may require; and
       (iii) set forth a timetable for the relocation of the 
     National Park Service to the new facilities.
       (B) Restriction on use of property reserved for park 
     purposes.--The plan may not identify any facility or property 
     for purposes of this paragraph which is located on any 
     portion of Poplar Point which is reserved for park purposes 
     in accordance with subsection (b).
       (3) Consultation required.--In developing each of the 
     elements of the plan which are required under this 
     subsection, the District of Columbia shall consult with the 
     Director.

     SEC. 303. CONVEYANCE OF REPLACEMENT FACILITIES AND PROPERTIES 
                   FOR NATIONAL PARK SERVICE.

       (a) Conveyance of Facilities and Related Properties.--Upon 
     certification by the Director that the facilities and related 
     property to which the National Park Service is to be 
     relocated under the land-use plan under this title (in 
     accordance with section 302(c)) are ready to be occupied or 
     used by the National Park Service--
       (1) the District of Columbia shall convey to the Director 
     all right, title, and interest in the facilities and related 
     property (including necessary easements and utilities related 
     thereto) to which the National Park Service is to be 
     relocated (without regard to whether such facilities are 
     located in Poplar Point); and
       (2) the Director shall convey to the District of Columbia 
     all, right, title, and interest in the facilities and related 
     property which were withheld from the conveyance of Poplar 
     Point under section 301(b) and from which the National Park 
     Service is to be relocated.
       (b) Restriction on Construction Projects Pending 
     Certification of Facilities.--
       (1) In general.--The District of Columbia may not initiate 
     any construction project with respect to Poplar Point until 
     the Director makes the certification referred to in 
     subsection (a).
       (2) Exception for projects required to prepare facilities 
     for occupation by national park service.--Paragraph (1) shall 
     not apply with respect to any construction project required 
     to ensure that the facilities and related property to which 
     the National Park Service is to be relocated under the land-
     use plan under this title (in accordance with section 302(c)) 
     are ready to be occupied by the National Park Service.

     SEC. 304. POPLAR POINT DEFINED.

       In this title, ``Poplar Point'' means the parcel of land in 
     the District of Columbia which is owned by the United States 
     and which is under the administrative jurisdiction of the 
     District of Columbia or the Director on the day before the 
     date of enactment of this Act, and which is bounded on the 
     north by the Anacostia River, on the northeast by and 
     inclusive of the southeast approaches to the 11th Street 
     bridges, on the southeast by and inclusive of Route 295, and 
     on the northwest by and inclusive of the Frederick Douglass 
     Memorial Bridge approaches to Suitland Parkway, as depicted 
     on the Map.

                      TITLE IV--GENERAL PROVISIONS

     SEC. 401. DEFINITIONS.

       In this Act, the following definitions apply:
       (1) The term ``Administrator'' means the Administrator of 
     General Services.
       (2) The term ``Director'' means the Director of the 
     National Park Service.
       (3) The term ``Map'' means the map entitled ``Transfer and 
     Conveyance of Properties in the District of Columbia'', 
     numbered 869/80460, and dated July 2005, which shall be kept 
     on file in the appropriate office of the National Park 
     Service.
       (4) The term ``Secretary'' means the Secretary of the 
     Interior.

     SEC. 402. LIMITATION ON ENVIRONMENTAL LIABILITY.

       Notwithstanding any other provision of law--
       (1) the United States shall not be responsible for any 
     environmental liability, response action, remediation, 
     corrective action, damages, costs, or expenses associated 
     with any property for which title is conveyed to the District 
     of Columbia under this Act or any amendment made by this Act; 
     and
       (2) all environmental liability, responsibility, 
     remediation, damages, costs, and expenses as required by 
     applicable Federal, state and local law, including the 
     Comprehensive Environmental Response, Compensation and 
     Liability Act (42 U.S.C. 9601 et seq.), the Federal Water 
     Pollution Control Act (known as Clean Water Act) (33 U.S.C. 
     1251 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), 
     the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the 
     Rivers and Harbors Act (33 U.S.C. 540 et seq.), the Toxic 
     Substances Control Act (15 U.S.C. 2601, et seq.), and the Oil 
     Pollution Act (33 U.S.C. 2701 et seq.) for any such property 
     shall be borne by the District of Columbia, which shall 
     conduct all environmental activity with respect to such 
     properties, and bear any and all costs and expenses of any 
     such activity.

     SEC. 403. LIMITATION ON COSTS.

       The United States shall not be responsible for paying any 
     costs and expenses incurred by the District of Columbia or 
     any other parties at any time in connection with effecting 
     the provisions of this Act or any amendment made by this Act, 
     including costs and expenses associated with surveys, zoning, 
     land-use processes, transfer taxes, recording taxes, 
     recording fees, as well as the costs associated with the 
     relocation of the National Park Service to replacement 
     facilities required under the land-use plan for Poplar Point 
     described in section 302(c)(2).

     SEC. 404. DEADLINE FOR PROVISION OF DEEDS AND RELATED 
                   DOCUMENTS.

       With respect to each property conveyed under this Act or 
     any amendment made by this Act, the Mayor of the District of 
     Columbia, the Administrator, or the Secretary (as the case 
     may be) shall execute and deliver a quitclaim deed or prepare 
     and record a transfer plat, as appropriate, not later than 6 
     months after the property is conveyed.
                                 ______
                                 
      By Mr. THUNE (for himself and Mr. Bingaman):
  S. 1840. A bill to amend section 340B of the Public Health Service 
Act to increase the affordability of inpatient drugs for Medicaid and 
safety net hospitals; to the Committee on Finance.
  Mr. THUNE. Mr. President, the rising cost of prescription drugs has 
squeezed not only the budgets of American consumers but also the 
budgets of America's health care providers. The rural hospitals in my 
State of South Dakota serve as a lifeline to thousands of constituents 
living in medically underserved areas. They cannot afford to have the 
cost of their inpatient and outpatient drugs rising faster than the 
rate of inflation.
  In 1992, Congress created the 340B program to lower the cost of drugs 
purchased by a limited number of entities serving a high number of low-
income and uninsured individuals, such as federally qualified health 
care centers and nonprofit hospitals providing care to a 
disproportionate share of Medicaid patients.
  Under the 340B program, pharmaceutical manufacturers are required to 
provide eligible 340B entities discounts on outpatient drugs as part of 
the manufacturers' Medicaid participation agreement. The rising cost of 
prescription drugs has created the need to modify the 340B program and 
extend these discounts to the inpatient side of disproportionate share 
hospitals, as well as to critical access hospitals.
  Today, I and my colleague from New Mexico, Mr. Bingaman, are 
providing relief on the cost of drugs purchased by America's health 
care providers by introducing the Safety Net Inpatient Drug 
Affordability Act.
  Our bill extends the 340B discounted drug prices to inpatient drug 
purchases of disproportionate share hospitals and allows critical 
access hospitals to participate in the 340B program. This not only 
saves hospitals money on the cost of drugs, it relieves them from the 
burden of carrying two different inventories for inpatient and 
outpatient drugs.
  Our legislation also generates savings for the Medicaid program by 
requiring hospitals that participate in the 340B program to rebate 
Medicaid a percentage of their 340B savings on inpatient drugs 
administered to Medicaid patients. Specifically, the Safety Net 
Inpatient Drug Affordability Act would require disproportionate share 
and critical access hospitals to determine the acquisition cost of 
drugs used on Medicaid patients and apply the minimum Medicaid rebate 
percentages applicable to outpatient-dispensed brand name and generic 
drugs.
  Extending the 340B program to critical access hospitals also helps 
reduce expenditures in the Medicare Program. Critical access hospitals 
are a vital part of the rural health care delivery system. They provide 
emergency outpatient and limited inpatient care to individuals in 
remote rural areas. Out of the 61 hospitals in my State of South 
Dakota, 37 qualify as critical access hospitals.
  Outpatient care in critical access hospitals is reimbursed by 
Medicare at 101 percent of reasonable costs. Allowing critical access 
hospitals to participate in the 340B program will lower the cost of 
drugs in the outpatient setting

[[Page 22502]]

and ultimately lower the cost of care provided by these hospitals. 
Decreasing the cost of care in critical access hospitals lowers the 
amount the Medicare Program expends on reimbursement.
  The Safety Net Inpatient Drug Affordability Act is commonsense 
legislation that reduces the cost of drugs for health care providers 
serving society's most vulnerable citizens. Lowering the cost of care 
in these settings means lowering the cost of health care for all 
American taxpayers. I look forward to working with my colleagues on 
both sides of the aisle in getting this bipartisan legislation passed 
and signed into law.
                                 ______
                                 
      By Mr. NELSON of Florida (for himself, Ms. Stabenow, and Mr. 
        Harkin):
  S. 1841. A bill to amend title XVIII of the Social Security Act to 
provide extended and additional protection to Medicare beneficiaries 
who enroll for the Medicare prescription drug benefit during 2006; to 
the Committee on Finance.
  Mr. NELSON of Florida. Mr. President, I am pleased to be joined by my 
colleagues and cosponsors Senators Stabenow and Harkin as we introduce 
the Medicare Informed Choice Act of 2005. This bill provides additional 
essential protections for Medicare beneficiaries during the first year 
of implementation of the new Medicare prescription drug benefit.
  Medicare beneficiaries are understandably concerned and confused 
about the new benefit. They face a number of private plan options and 
sorting through these plans will be complicated. Medicare beneficiaries 
will have to make many difficult decisions about what is the best 
course of action for them.
  Choosing the right plan will be a challenge for all beneficiaries, 
but it will be most difficult for those who are frail and living with 
problems like dementia. The task will be virtually impossible for 
Hurricane Katrina victims who do not have permanent addresses and, 
therefore, won't even be able to obtain Part D materials. Yet, 
beneficiaries who do not act by the May 15, 2006 deadline and who 
enroll at a later date will face a substantial financial penalty.
  In response, we are introducing this legislation which will provide 
added protections for beneficiaries during the first year of the new 
program. By delaying late enrollment penalties and giving every 
beneficiary a chance to change plans once during the first year, we can 
make sure that our constituents are not forced to make hasty decisions 
they may later regret.
  The Medicare Informed Choice Act of 2005 contains three important 
protections:
  1. Delays late enrollment penalties: The bill expands the existing 
six-month open enrollment period to the entire year of 2006. This will 
give people added time to do the research and make the best decisions 
for themselves.
  2. Protections against bad choices: The bill gives every Medicare 
beneficiary the opportunity to make a one-time change in plan 
enrollment at any point in 2006. Given the importance of the decision 
they make, it is appropriate to give beneficiaries a one-time chance to 
correct an initial mistake made during the first year of 
implementation.
  3. Protections for employer-provided retiree benefits: This provision 
would protect employees from being dropped by their former employer's 
plan during the first year of implementation, so that beneficiaries 
have time to correct enrollment mistakes.
  The Medicare Informed Choice Act is a small, time-limited step that 
would help ease the pressure of the first year of this new drug 
program. It is also critical for all those beneficiaries who face 
hurdles in obtaining Medicare Part D materials or are unaware that they 
will be penalized by failure to act. We urge all of our colleagues to 
join us in this effort to help protect Medicare beneficiaries during 
the benefit's implementation period.
  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. 1841

       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 ``The Medicare Informed Choice 
     Act of 2005''.

     SEC. 2. EXTENDED PERIOD OF OPEN ENROLLMENT DURING ALL OF 2006 
                   WITHOUT LATE ENROLLMENT PENALTY.

       Section 1851(e)(3)(B) of the Social Security Act (42 U.S.C. 
     1395w-21(e)(3)(B)) is amended--
       (1) in clause (iii), by striking ``May 15, 2006'' and 
     inserting ``December 31, 2006''; and
       (2) by adding at the end the following new sentence:

     ``An individual making an election during the period 
     beginning on November 15, 2006, and ending on December 15, 
     2006, shall specify whether the election is to be effective 
     with respect to 2006 or with respect to 2007 (or both).''.

     SEC. 3. ONE-TIME CHANGE OF PLAN ENROLLMENT FOR MEDICARE 
                   PRESCRIPTION DRUG BENEFIT DURING ALL OF 2006.

       (a) Application to MA-PD Plans.--Section 1851(e) of the 
     Social Security Act (42 U.S.C. 1395w-21(e)) is amended--
       (1) in paragraph (2)(B)--
       (A) in the heading, by striking ``for first 6 months'';
       (B) in clause (i)--
       (i) by striking ``the first 6 months of 2006'' and 
     inserting ``2006''; and
       (ii) by striking ``the first 6 months during 2006'' and 
     inserting ``2006'';
       (C) in clause (ii), by inserting ``(other than during 
     2006)'' after ``paragraph (3)''; and
       (D) in clause (iii), by striking ``2006'' and inserting 
     ``2007''; and
       (2) in paragraph (4), by striking ``2006'' and inserting 
     ``2007'' each place it appears.
       (b) Conforming Amendment to Part D.--Section 1860D-
     1(b)(1)(B)(iii) of such Act (42 U.S.C. 1395w-
     101(b)(1)(B)(iii)) is amended by striking ``subparagraphs (B) 
     and (C) of paragraph (2)'' and inserting ``paragraph 
     (2)(C)''.

     SEC. 4. PROTECTION FROM LOSS OF EMPLOYMENT-BASED RETIREE 
                   HEALTH COVERAGE UPON ENROLLMENT FOR MEDICARE 
                   PRESCRIPTION DRUG BENEFIT DURING 2006.

       Section 1860D-22(a)(2) (42 U.S.C. 1395w-132(a)(2)) is 
     amended by adding at the end the following new subparagraph:
       ``(D) Protection from loss of employment-based coverage.--
     The sponsor of the plan may not involuntarily discontinue 
     coverage of an individual under a group health plan before 
     January 1, 2007, based upon the individual's decision to 
     enroll in a prescription drug plan or an MA-PD plan under 
     this part.''.

     SEC. 5. EFFECTIVE DATE.

       The amendments made by this Act shall take effect as if 
     included in the enactment of the Medicare Prescription Drug, 
     Improvement, and Modernization Act of 2003 (Public Law 108-
     173).
                                 ______
                                 
      By Mr. ENSIGN (for himself, Ms. Murkowski, Mr. Burns, Mr. Craig, 
        Mr. Crapo, Mr. Inhofe, Mr. Kyl, Mr. Smith, and Mr. Stevens):
  S. 1845. A bill to amend title 28, United States Code, to provide for 
the appointment of additional Federal circuit judges, to divide the 
Ninth Judicial Circuit of the United States into 2 circuits, and for 
other purposes; to the Committee on the Judiciary.
  Mr. ENSIGN. 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. 1845

       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 ``The Circuit Court of Appeals 
     Restructuring and Modernization Act of 2005''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Former ninth circuit.--The term ``former ninth 
     circuit'' means the ninth judicial circuit of the United 
     States as in existence on the day before the effective date 
     of this Act.
       (2) New ninth circuit.--The term ``new ninth circuit'' 
     means the ninth judicial circuit of the United States 
     established by the amendment made by section 3(2)(A).
       (3) Twelfth circuit.--The term ``twelfth circuit'' means 
     the twelfth judicial circuit of the United States established 
     by the amendment made by section 3(2)(B).

     SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS.

       Section 41 of title 28, United States Code, is amended--
       (1) in the matter preceding the table, by striking 
     ``thirteen'' and inserting ``fourteen''; and
       (2) in the table--
       (A) by striking the item relating to the ninth circuit and 
     inserting the following:


[[Page 22503]]


California, Guam, Hawaii, Northern Mariana Islands.'';.................
       and

       (B) by inserting after the item relating to the eleventh 
     circuit the following:

Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington.''.........

     SEC. 4. JUDGESHIPS.

       (a) New Judgeships.--The President shall appoint, by and 
     with the advice and consent of the Senate, 5 additional 
     circuit judges for the new ninth circuit court of appeals, 
     whose official duty station shall be in California.
       (b) Temporary Judgeships.--
       (1) Appointment of judges.--The President shall appoint, by 
     and with the advice and consent of the Senate, 2 additional 
     circuit judges for the former ninth circuit court of appeals, 
     whose official duty stations shall be in California.
       (2) Effect of vacancies.--The first 2 vacancies occurring 
     on the new ninth circuit court of appeals 10 years or more 
     after judges are first confirmed to fill both temporary 
     circuit judgeships created by this subsection shall not be 
     filled.
       (c) Effective Date.--This section shall take effect on the 
     date of the enactment of this Act.

     SEC. 5. NUMBER OF CIRCUIT JUDGES.

       The table contained in section 44(a) of title 28, United 
     States Code, is amended--
       (1) by striking the item relating to the ninth circuit and 
     inserting the following:

``Ninth.......................................................20'';....

       and
       (2) by inserting after the item relating to the eleventh 
     circuit the following:

``Twelfth.....................................................14''.....

     SEC. 6. PLACES OF CIRCUIT COURT.

       The table contained in section 48(a) of title 28, United 
     States Code, is amended--
       (1) by striking the item relating to the ninth circuit and 
     inserting the following:

Honolulu, Pasadena, San Francisco.'';..................................

       and
       (2) by inserting after the item relating to the eleventh 
     circuit the following:

Las Vegas, Missoula, Phoenix, Portland, Seattle.''.....................

     SEC. 7. LOCATION OF TWELFTH CIRCUIT HEADQUARTERS.

       The offices of the Circuit Executive of the Twelfth Circuit 
     and the Clerk of the Court of the Twelfth Circuit shall be 
     located in Phoenix, Arizona.

     SEC. 8. ASSIGNMENT OF CIRCUIT JUDGES.

       Each circuit judge of the former ninth circuit who is in 
     regular active service and whose official duty station on the 
     day before the effective date of this Act--
       (1) is in California, Guam, Hawaii, or the Northern Mariana 
     Islands shall be a circuit judge of the new ninth circuit as 
     of such effective date; and
       (2) is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, 
     or Washington shall be a circuit judge of the twelfth circuit 
     as of such effective date.

     SEC. 9. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.

       Each judge who is a senior circuit judge of the former 
     ninth circuit on the day before the effective date of this 
     Act may elect to be assigned to the new ninth circuit or the 
     twelfth circuit as of such effective date and shall notify 
     the Director of the Administrative Office of the United 
     States Courts of such election.

     SEC. 10. SENIORITY OF JUDGES.

       The seniority of each judge--
       (1) who is assigned under section 8, or
       (2) who elects to be assigned under section 9,
     shall run from the date of commission of such judge as a 
     judge of the former ninth circuit.

     SEC. 11. APPLICATION TO CASES.

       The following apply to any case in which, on the day before 
     the effective date of this Act, an appeal or other proceeding 
     has been filed with the former ninth circuit:
       (1) Except as provided in paragraph (3), if the matter has 
     been submitted for decision, further proceedings with respect 
     to the matter shall be had in the same manner and with the 
     same effect as if this Act had not been enacted.
       (2) If the matter has not been submitted for decision, the 
     appeal or proceeding, together with the original papers, 
     printed records, and record entries duly certified, shall, by 
     appropriate orders, be transferred to the court to which the 
     matter would have been submitted had this Act been in full 
     force and effect at the time such appeal was taken or other 
     proceeding commenced, and further proceedings with respect to 
     the case shall be had in the same manner and with the same 
     effect as if the appeal or other proceeding had been filed in 
     such court.
       (3) If a petition for rehearing en banc is pending on or 
     after the effective date of this Act, the petition shall be 
     considered by the court of appeals to which it would have 
     been submitted had this Act been in full force and effect at 
     the time that the appeal or other proceeding was filed with 
     the court of appeals.

     SEC. 12. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES AMONG 
                   CIRCUITS.

       Section 291 of title 28, United States Code, is amended by 
     adding at the end the following:
       ``(c) The chief judge of the Ninth Circuit may, in the 
     public interest and upon request by the chief judge of the 
     Twelfth Circuit, designate and assign temporarily any circuit 
     judge of the Ninth Circuit to act as circuit judge in the 
     Twelfth Circuit.
       ``(d) The chief judge of the Twelfth Circuit may, in the 
     public interest and upon request by the chief judge of the 
     Ninth Circuit, designate and assign temporarily any circuit 
     judge of the Twelfth Circuit to act as circuit judge in the 
     Ninth Circuit.''.

     SEC. 13. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES AMONG 
                   CIRCUITS.

       Section 292 of title 28, United States Code, is amended by 
     adding at the end the following:
       ``(f) The chief judge of the United States Court of Appeals 
     for the Ninth Circuit may in the public interest--
       ``(1) upon request by the chief judge of the Twelfth 
     Circuit, designate and assign 1 or more district judges 
     within the Ninth Circuit to sit upon the Court of Appeals of 
     the Twelfth Circuit, or a division thereof, whenever the 
     business of that court so requires; and
       ``(2) designate and assign temporarily any district judge 
     within the Ninth Circuit to hold a district court in any 
     district within the Twelfth Circuit.
       ``(g) The chief judge of the United States Court of Appeals 
     for the Twelfth Circuit may in the public interest--
       ``(1) upon request by the chief judge of the Ninth Circuit, 
     designate and assign 1 or more district judges within the 
     Twelfth Circuit to sit upon the Court of Appeals of the Ninth 
     Circuit, or a division thereof, whenever the business of that 
     court so requires; and
       ``(2) designate and assign temporarily any district judge 
     within the Twelfth Circuit to hold a district court in any 
     district within the Ninth Circuit.
       ``(h) Any designations or assignments under subsection (f) 
     or (g) shall be in conformity with the rules or orders of the 
     court of appeals of, or the district within, as applicable, 
     the circuit to which the judge is designated or assigned.''.

     SEC. 14. ADMINISTRATION.

       The court of appeals for the ninth circuit as constituted 
     on the day before the effective date of this Act may take 
     such administrative action as may be required to carry out 
     this Act and the amendments made by this Act. Such court 
     shall cease to exist for administrative purposes 2 years 
     after the date of enactment of this Act.

     SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this Act, including funds for 
     additional court facilities.

     SEC. 16. EFFECTIVE DATE.

       Except as provided in section 4(c), this Act and the 
     amendments made by this Act shall take effect 12 months after 
     the date of enactment of this Act.
                                 ______
                                 
      By Mr. SALAZAR (for himself and Mr. Allard):
  S. 1848. A bill to promote remediation of inactive and abandoned 
mines, and for other purposes; to the Committee on Environment and 
Public Works.
  Mr. SALAZAR. Mr. President, I rise to make a statement regarding an 
important bill I am introducing today. It is a bill that is meant to 
provide a straightforward and commonsense fix to a nettlesome problem 
that plagues communities throughout the west: pollution from abandoned 
mines.
  The bill simply says that we should make life easier for Good 
Samaritans. Surprisingly, that is not currently the case.
  The Western United States is pockmarked with old mines and mining 
residues, and many of these sites continuously pollute the water, the 
land, and the air. Our rivers and streams suffer particularly from this 
type of pollution.
  In many cases, no one alive is legally responsible for cleaning these 
sites. In other cases, those who are legally responsible lack the money 
or other resources necessary to clean them up, and the pollution 
continues.
  Fortunately, some people and some companies are willing to clean up 
mine sites in whole or in part, even though they are not legally 
responsible. These are Good Samaritans.
  They act for many reasons. Some are people who live nearby and suffer 
directly from the pollution. Others are companies that want to perform 
a service to the community and to address less fortunate aspects of the 
history of the mining industry. Still others act for other reasons.
  Unfortunately, though, our environmental laws create great risks of 
broad, long term, and very expensive liabilities for anyone who acts at 
a mine

[[Page 22504]]

site, even if they act only as Good Samaritans. This problem 
understandably dissuades Good Samaritans from cleaning mine sites.
  My bill is designed to fix this problem. It is written to encourage 
meritorious projects to proceed provided they have the full approval of 
the governments involved and full participation by the public--all to 
benefit the environment.
  This bill intentionally is simple and intentionally straightforward. 
No Good Samaritan project will proceed unless it creates a true, 
overall environmental benefit. No project will gain approval unless the 
U.S. Environmental Protection Agency, the state involved, and local 
authorities affected agree that it is a good thing. The public will be 
fully involved in the process from the very beginning.
  And, finally, the permit system and the standards in the bill are 
intentionally uncomplicated, so that permits for simple projects can be 
issued using simple proceedings.
  My idea is to make clear that the work of Good Samaritans is very 
welcome. Some cleanup of the environment in these circumstances is far 
better than none at all.
  The bill encourages Good Samaritans to clean pollution by freeing 
them from the large environmental liabilities that ordinarily burden 
anyone who acts to fix the pollution.
  The bill applies to the cleanup of non-coal inactive and abandoned 
mines anywhere in the United States.
  Its approach--which wraps all environmental requirements for a Good 
Samaritan project into a single permit that must be agreed to first by 
the Federal Government, the affected State, and local communities--is 
straightforward.
  Its inclusion of the states and local communities as well as the 
affected publics--including by assuring that State and local 
authorities have a say in the provision of any permit--are based on the 
best traditions of the west.
  And its impact is clear--only projects that benefit the environment 
will be permitted, and the work done pursuant to that permit will be 
afforded clear legal protection.
  I am proud of this bill. It is the result of a series of meetings I 
held around my state earlier this year. And it is endorsed by the 
National Mining Association, the Colorado Mining Association, and the 
Great State of Colorado.
  It is the right thing to do, and I look forward to working with my 
colleagues to ensure its enactment.
  I ask unanimous consent that the text of my bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1848

       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 ``Cleanup of Inactive and 
     Abandoned Mines Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Federal Government and State governments encouraged 
     hard rock mining in the United States through a wide variety 
     of laws, policies, and actions;
       (2) the mining activities that took place disturbed public 
     and private land, and those disturbances led to considerable 
     environmental pollution;
       (3) many areas in which hard rock mining took place in the 
     United States are now inactive and abandoned mine sites;
       (4) many inactive and abandoned mine sites pollute the 
     environment today and will continue to do so indefinitely 
     unless remediated;
       (5) adits and other tunnels will continue to drain 
     pollutants to surface and ground water through gravity flow;
       (6) surface runoff will continue to pick up pollutants as 
     the runoff moves over disturbed ground and transports 
     pollutants to surface waters; and
       (7) tailings and other materials left exposed to the 
     elements will continue to blow in the wind and pollute the 
     atmosphere and soils;
       (8) many of the individuals and corporate owners and 
     operators of those mines, who caused this pollution, are no 
     longer alive or in existence;
       (9) some of the remaining owners and operators who remain 
     do not have resources that are adequate to conduct 
     remediation properly under applicable environmental laws, for 
     all practical purposes leaving no one responsible for the 
     cleanup of pollution from those sites;
       (10) inactive and abandoned mine sites are located in areas 
     of known economic mineralization;
       (11) modern mining activities often take place on or in the 
     vicinity of the area in which historic hard rock mining 
     activities took place;
       (12) from time to time, individuals and companies are 
     willing to remediate historic mine sites for the public good 
     as Good Samaritans, despite the fact that these individuals 
     and companies are not legally required to remediate the mine 
     sites;
       (13) Good Samaritan remediation activities may--
       (A) vary in size and complexity;
       (B) reflect the myriad ways that mine residue may be 
     cleaned up; and
       (C) include, among other activities--
       (i) the relocation or management of tailings or other waste 
     piles;
       (ii) passive or active water treatment;
       (iii) runoff or run-on controls; and
       (iv) the use or reprocessing of, or removal of materials 
     from, mine residue;
       (14) the potential environmental liabilities that may 
     attach to those Good Samaritans as a result of the 
     remediation can dissuade those Good Samaritans from acting 
     for the public good;
       (15) it is in the interest of the United States, the 
     States, and local communities to remediate historic mine 
     sites, in appropriate circumstances and to the maximum extent 
     practicable, so that the environmental impacts of the sites 
     are lessened into the future; and
       (16) if appropriate protections are provided for Good 
     Samaritans, Good Samaritans will have a greater incentive to 
     remediate those sites for the public good.
       (b) Purposes.--The purposes of this Act are--
       (1) to encourage partial or complete remediation of 
     inactive and abandoned mining sites for the public good by 
     persons who are not otherwise legally responsible for the 
     remediation;
       (2) to provide appropriate protections for Good Samaritans 
     under applicable environmental laws;
       (3) to ensure that remediation performed by Good Samaritans 
     creates actual and significant environmental benefits;
       (4) to ensure that remediation by Good Samaritans is 
     carried out--
       (A) with the approval and agreement, and in the discretion, 
     of affected Federal, State, and local authorities and with 
     review by the public; and
       (B) in a manner that is beneficial to the environment and 
     all affected communities; and
       (5) to create an efficient permit process under which the 
     cost and complexity of obtaining a permit are commensurate 
     with the scope of remediation work to be completed and the 
     environmental benefits from the work;
       (6) to avoid permitting for ongoing, for-profit businesses 
     that specialize in multiple Good Samaritan projects that are 
     designed to be permitted outside otherwise applicable 
     Federal, State, and local environmental laws; and
       (7) to ensure that the protections for Good Samaritans 
     provided in this Act are interpreted in accordance with the 
     purposes of this Act and to enhance the public good.

     SEC. 3. REMEDIATION OF INACTIVE OR ABANDONED MINES BY GOOD 
                   SAMARITANS.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Cooperating agency.--The term ``cooperating agency'' 
     means any Federal, State, or local agency or other person 
     (other than the Administrator) that--
       (A) is authorized under Federal or State law, or local 
     ordinance, to participate in issuing a permit under this 
     section; and
       (B) elects to participate in the process of issuing the 
     permit.
       (3) Environmental law.--The term ``environmental law'' 
     includes--
       (A) the Toxic Substances Control Act (15 U.S.C. 2601 et 
     seq.);
       (B) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (C) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (D) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (E) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
       (F) the Clean Air Act (42 U.S.C. 7401 et seq.);
       (G) the Uranium Mill Tailings Radiation Control Act of 1978 
     (42 U.S.C. 7901 et seq.);
       (H) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
       (I) applicable environmental laws of a State; and
       (J) applicable environmental ordinances of a political 
     subdivision of a State.
       (4) Good samaritan.--The term ``Good Samaritan'' means a 
     person that--
       (A) is unrelated, by operation or ownership (except solely 
     through succession to title), to

[[Page 22505]]

     the historic mine residue to be remediated under this 
     section;
       (B) had no role in the creation of the historic mine 
     residue;
       (C) had no significant role in the environmental pollution 
     caused by the historic mine residue; and
       (D) is not liable under any Federal, State, or local law 
     for the remediation of the historic mine residue.
       (5) Historic mine residue.--
       (A) In general.--The term ``historic mine residue'' means 
     mine residue or conditions at an inactive or abandoned mine 
     site that pollute the environment.
       (B) Inclusions.--The term ``historic mine residue'' may 
     include, among other materials--
       (i) ores;
       (ii) minerals;
       (iii) equipment (or materials in equipment);
       (iv) wastes from extractions, beneficiation, or other 
     processing; and
       (v) acidic or otherwise polluted flows in surface or ground 
     water.
       (6) Inactive or abandoned mine site; mine site.--The terms 
     ``inactive or abandoned mine site'' and ``mine site'' mean 
     the site of a mine and associated facilities that--
       (A) were used for the production of a mineral other than 
     coal;
       (B) have historic mine residue; and
       (C) are abandoned or inactive as of the date on which an 
     application is submitted for a permit under this section.
       (7) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (8) Person.--The term ``person'' includes--
       (A) an individual;
       (B) a firm;
       (C) a corporation;
       (D) an association;
       (E) a partnership;
       (F) a consortium;
       (G) a joint venture;
       (H) a commercial entity;
       (I) a nonprofit organization;
       (J) the Federal Government;
       (K) a State;
       (L) a political subdivision of a State;
       (M) an interstate entity; and
       (N) a commission.
       (9) State.--The term ``State'' means--
       (A) a State; and
       (B) an Indian tribe.
       (b) Permits.--The Administrator may issue a permit to a 
     Good Samaritan to carry out a project to remediate all or 
     part of an inactive or abandoned mine site in accordance with 
     this section.
       (c) Eligibility for Permits.--
       (1) In general.--To be eligible for a permit to carry out a 
     project to remediate an inactive or abandoned mine site in a 
     State under this section--
       (A) the mine site shall be located in the United States;
       (B) the principal purpose of the project shall be the 
     reduction of pollution caused by historic mine residue;
       (C) the mine site may not be a mine site included on the 
     national priorities list under section 105(a)(8)(B) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)) except in a 
     case in which the Administrator determines, on a case-by-case 
     basis, that--
       (i) the remediation project proposed to be carried out at 
     the mine site is minor as compared to all remediation 
     activity needed at the listed mine site;
       (ii) the conduct of the proposed remediation project at the 
     listed mine site will not interfere with any other 
     remediation at the mine site that is reasonably likely to 
     occur; and
       (iii) except for the remediation project proposed by the 
     Good Samaritan at the mine site under this Act, there is not 
     likely to be remediation of the historic mine residue that is 
     the subject of the project at the listed mine site in the 
     reasonably foreseeable future;
       (D) the permit shall authorize only those activities that 
     are directly required for the remediation of historic mine 
     residue at the mine site;
       (E) the person obtaining the permit shall be a Good 
     Samaritan; and
       (F) a State remediation program described in subsection (d) 
     shall be in effect for remediation of the mine site.
       (2) Other activities.--Any activity other than the 
     activities described in paragraph (1)(D) conducted by the 
     permittee or any other person at the mine site (including, 
     without limitation, any mining or processing in addition to 
     that required for the remediation of historic mine residue 
     for the public good)--
       (A) shall not be authorized under a permit issued under 
     this section; and
       (B) may be authorized under other applicable laws, 
     including environmental laws.
       (d) State Remediation Program.--
       (1) In general.--Before a permit may be issued to carry out 
     a project in a State under this section, the State shall have 
     in effect a State remediation program that meets the 
     requirements of this subsection.
       (2)  Requirements.--To meet the requirements of this 
     subsection, under the State remediation program, the State 
     shall--
       (A) agree to participate, as a signatory, in each project 
     for a which a permit for remediation in the State is issued 
     under this section;
       (B) agree that a permittee shall comply with the terms and 
     conditions of the permit in lieu of compliance with 
     applicable environmental laws specifically described in the 
     permit in accordance with subsection (h)(1)(B);
       (C) authorize State agencies and political subdivisions of 
     the State to participate in the permit process under this 
     section, as appropriate, and assist in providing the 
     resources to enable that participation; and
       (D) designate a lead State agency that is responsible to 
     carry out permitting responsibilities of the State under this 
     section.
       (e) Application for Permits.--To obtain a permit to carry 
     out a project to remediate an inactive or abandoned mine site 
     under this section, an applicant shall submit to the 
     Administrator an application, signed by the applicant, that 
     provides--
       (1) a description of the mine site (including the 
     boundaries of the mine site);
       (2) an identification of--
       (A) any current owner or operator of the mine site; and
       (B) any person with a legal right to exclude other persons 
     from the mine site or affect activities on the mine site, 
     with a description of those legal rights;
       (3) evidence satisfactory to the Administrator that the 
     applicant has or will acquire all legal rights necessary to 
     enter the mine site and to perform the remediation described 
     in the application;
       (4) a description, based on the conduct of an inquiry that 
     is reasonable under the circumstances, of--
       (A) all persons that may be legally responsible for the 
     remediation of the mine site; and
       (B) any relationship between those persons and the 
     applicant;
       (5) a certification that the applicant knows of no other 
     person that (as of the date of submission of the 
     application)--
       (A) is potentially legally responsible for the remediation 
     of the mine site; and
       (B) has sufficient resources to complete the remediation;
       (6) a detailed description of the historic mine residue to 
     be remediated;
       (7) a description of the baseline conditions (as of the 
     date of submission of the application) of the environment 
     affected by the historic mine residue to be remediated;
       (8) a description of--
       (A) the nature and scope of the proposed remediation; and
       (B) detailed engineering plans for the project;
       (9) a description of the manner in which the remediation 
     will assist the mine site in meeting, to the maximum extent 
     reasonable and practicable under the circumstances, water 
     quality standards;
       (10) a schedule for the work to be carried out under the 
     project;
       (11) a budget for the work to be carried out under the 
     project;
       (12) a description of financial assurances, if any, to be 
     provided by the permittee to ensure that the permitted work, 
     including any operation and maintenance, will be completed;
       (13) a description of a monitoring program following 
     remediation (if any) that will be implemented to evaluate the 
     effects of the remediation on the environment;
       (14) a detailed plan for the required operation and 
     maintenance of any remediation; and
       (15) a list of all environmental laws for which the 
     applicant seeks the protection described in paragraphs (1) 
     and (2) of subsection (g).
       (f) Permit Issuance.--
       (1) In general.--The Administrator may issue a permit under 
     this section to carry out a project for the remediation of an 
     inactive or abandoned mine site in a State only if--
       (A) the Administrator determines that--
       (i) the project will improve the environment on or in the 
     area of the mine site to a significant degree, as determined 
     by the Administrator;
       (ii) the project will not degrade any aspect of the 
     environment in any area to a significant degree;
       (iii) the project will meet applicable water quality 
     standards, to the maximum extent reasonable and practicable 
     under the circumstances;
       (iv) the permittee has the financial and other resources to 
     complete, and will complete, the permitted work; and
       (v) the project meets the requirements of this section;
       (B) the State concurs with the issuance of, and signs, the 
     permit;
       (C) if the permit provides protection for the permittee 
     under an environmental law of a political subdivision of a 
     State in accordance with paragraphs (1) and (2) of subsection 
     (g), the political subdivision concurs with the issuance of, 
     and signs, the permit; and
       (D) if the proposed project is to be carried out on Federal 
     land, each State (or political subdivision) within which the 
     Federal land is located meets the requirements of 
     subparagraphs (B) and (C).

[[Page 22506]]

       (2) Discretionary actions.--The issuance of a permit by the 
     Administrator, and the concurrence of the affected State and 
     political subdivisions of a State to participate in the 
     permit process, shall be discretionary actions and shall be 
     taken in the public interest.
       (3) Functional equivalency.--No action of the Administrator 
     or any other person pursuant to this section shall constitute 
     a major Federal action significantly affecting the quality of 
     the human environment under the National Environmental Policy 
     Act (42 U.S.C. 4321 et seq.).
       (4) Deadline.--
       (A) In general.--The Administrator shall issue or deny a 
     permit for the remediation of a mine site not later than--
       (i) the date that is 180 days after the date of receipt by 
     the Administrator of an application for the permit that, as 
     determined by the Administrator, is complete; or
       (ii) such later date as may be determined by the 
     Administrator with the agreement of the applicant.
       (B) Constructive denial.--If the Administrator fails to 
     issue or deny the permit in accordance with subparagraph (A), 
     the application shall be considered to be denied by the 
     Administrator.
       (5) Review for certain projects.--A project that, as 
     determined by the Administrator, would be less complex, or 
     pose less risk, than other projects under review by the 
     Administrator for a permit under this section, may be 
     reviewed, at the discretion of the Administrator, under a 
     more simple and rapid review process under this subsection.
       (g) Effect of Permits.--
       (1) In general.--A permit issued under this section to 
     carry out a project for the remediation of an inactive or 
     abandoned mine site--
       (A) authorizes the permittee to carry out the activities 
     described in the permit;
       (B) authorizes enforcement under this section; and
       (C) provides to the permittee, in carrying out the 
     activities authorized under the permit, protection from 
     actions taken, obligations, and liabilities arising under the 
     environmental laws specified in the permit.
       (2) Cross-compliance.--A permittee shall comply with the 
     terms and conditions of a permit issued under this section in 
     lieu of compliance with the environmental laws specified in 
     the permit with respect to the work authorized under the 
     permit.
       (h) Content of Permits.--
       (1) In general.--A permit issued under this section shall 
     contain--
       (A) a detailed description of the engineering and other 
     work that is authorized under the permit;
       (B) a specific list of environmental laws, or selected 
     provisions of environmental laws, with respect to which 
     compliance with the permit will operate in lieu of compliance 
     with the laws;
       (C) a provision that states that the permittee is 
     responsible for securing, for all activities authorized under 
     the permit, all authorizations, licenses, and permits that 
     are required under applicable law, other than the 
     environmental laws described in subsection (g)(2); and
       (D) any other terms and conditions that are determined to 
     be appropriate by the Administrator.
       (2) Investigative sampling.--
       (A) In general.--A permit may identify an appropriate 
     program of investigative sampling to be completed prior to 
     remediation, as determined by the Administrator upon 
     application.
       (B) Option to decline remediation.--In the event that 
     investigative sampling is authorized, the permit may allow 
     the permittee to decline to undertake remediation based upon 
     sampling results.
       (C) Permit modification.--Based upon sampling results, a 
     permittee may apply for a permit modification using the 
     permit procedures in this Act.
       (3) Timing.--Work authorized under a permit shall--
       (A) commence not later than the date that is 18 months 
     after the date of issuance of the permit; and
       (B) continue until completed, with temporary suspensions 
     permitted during adverse weather or other conditions 
     specified in the permit.
       (4) Signature by permittee.--The signature of the permittee 
     on the permit shall be considered to be an acknowledgment by 
     the permittee that the permittee accepts the terms and 
     conditions of the permit.
       (5) Transfer of permits.--A permit may be transferred to 
     another person only if--
       (A) the Administrator determines that the transferee will 
     satisfy all of the requirements of the permit;
       (B) the transferee signs the permit; and
       (C) the Administrator includes in the transferred permit 
     any additional conditions necessary to meet the goals of this 
     section.
       (6) Termination of permit.--The authority to carry out work 
     under a permit issued under this section shall terminate if 
     the work does not commence by the date that is 18 months 
     after the date of issuance of the permit.
       (i) Role of Administrator.--In carrying out this section, 
     the Administrator shall--
       (1) consult with prospective applicants;
       (2) accept permit applications under this section;
       (3) convene, coordinate, and lead the application review 
     process;
       (4) maintain all records relating to the permit and the 
     permit process;
       (5) provide an opportunity for cooperating agencies and the 
     public to participate in the permit process;
       (6) issue the permit under this section, if appropriate; 
     and
       (7) enforce and otherwise carry out this section.
       (j) Cooperating Agencies.--If the Administrator learns that 
     an application for the remediation of a mine site under this 
     section will be submitted to the Administrator, the 
     Administrator shall (as soon as practicable) provide a notice 
     of the application to--
       (1) the lead State agency designated under subsection 
     (d)(2)(D);
       (2) each local government located within a radius of 20 
     miles of the mine site; and
       (3) each Federal and State agency that may have an interest 
     in the application.
       (k) Public Participation.--
       (1) Potential submission of applications.--If the 
     Administrator learns that an application for the remediation 
     of a mine site under this section will be submitted to the 
     Administrator, the Administrator shall (as soon as 
     practicable) provide to the public a notice that describes--
       (A) the location of the mine site;
       (B) the scope and nature of the proposed remediation; and
       (C) the name of the Good Samaritan that will be carrying 
     out the proposed remediation.
       (2) Receipt of application.--If the Administrator receives 
     an application for the remediation of a mine site under this 
     section, the Administrator shall (as soon as practicable) 
     provide to the public a notice that provides the information 
     described in paragraph (1).
       (3) Hearing.--
       (A) In general.--Not later than 45 days after the date of 
     receipt of a complete application for the remediation of a 
     mine site under this section, the Administrator shall hold a 
     hearing in the vicinity of the mine site to be remediated.
       (B) Comments.--At the hearing, the Administrator shall 
     provide the applicant, the public, and cooperating agencies 
     with the opportunity to comment on the application.
       (4) Notice of pending issuance.--Not less than 14 days 
     before the date of issuance of a permit for the remediation 
     of a mine site under this section, the Administrator shall 
     provide to the public and each cooperating agency notice of 
     the pending issuance of the permit.
       (5) Public records.--All records relating to the permit and 
     the permit process shall be considered to be public records, 
     except to the extent the records are subject to a legal 
     privilege.
       (l) Monitoring.--
       (1) In general.--The permittee shall take such actions as 
     the Administrator determines are necessary to ensure 
     appropriate baseline and post-remediation monitoring of the 
     environment under paragraphs (7) and (13) of subsection (e).
       (2) Administration.--When selecting the type and frequency 
     of the monitoring requirements to be included in a permit, if 
     any, the Administrator shall--
       (A) balance the need for monitored information against the 
     cost of the monitoring, based on the circumstances relating 
     to the remediation; and
       (B) take into account the scope of the project.
       (3) Multiparty monitoring.--The Administrator may approve 
     in a permit the conduct of monitoring by multiple parties if, 
     as determined by the Administrator, the multiparty monitoring 
     will effectively accomplish the goals of this section.
       (m) Enforcement.--
       (1) Civil penalty.--Any person who violates a permit issued 
     under this section shall be subject to a civil penalty of up 
     to $10,000 for each day of the violation.
       (2) Injunctions.--
       (A) In general.--A court may issue an injunction--
       (i) mandating that a person comply with a permit or take 
     action to abate a permit violation; or
       (ii) prohibiting a person from violating a permit.
       (B) Minimum requirement.--In the event of a permit 
     violation, and absent extraordinary circumstances, the court 
     shall, at a minimum, require--
       (i) the permittee to repair the damage to any part of the 
     environment that is caused by an action of the permittee in 
     violation of the permit; and
       (ii) the environment to be restored to the condition of the 
     environment prior to the action of the permittee in violation 
     of the permit.
       (3) Agencies.--Any government agency that signs a permit 
     issued under this section may enforce the permit through 
     appropriate administrative or judicial proceedings.
       (n) Judicial Review.--A court may set aside or modify an 
     action of the Administrator in issuing a permit under this 
     section, or an action of a State or political subdivision of 
     a State in signing a permit, only on clear and convincing 
     evidence of an abuse of discretion.

[[Page 22507]]

       (o) Savings Provisions.--
       (1) Emergency authority.--Nothing in this section affects 
     the authority of a Federal, State, or local agency to carry 
     out any emergency authority, including an emergency authority 
     provided under any environmental law listed in a permit.
       (2) Liability.--Except to the extent that a permit provides 
     protection under an environmental law specified in a permit 
     in accordance with subsection (g)(1)(C), nothing in this 
     section or a permit issued under this section limits the 
     liability of any person (including a permittee) under any 
     other provision of law.
       (p) Regulations.--
       (1) In general.--The Administrator may promulgate such 
     regulations as are necessary to carry out this section.
       (2) Effectiveness.--This section shall be effective 
     regardless of whether regulations are promulgated by the 
     Administrator under paragraph (1).

                                 ______
                                 
      By Mr. SALAZAR:
  S. 1850. A bill to amend the Energy Policy Act of 2005 to accelerate 
the availability of various income tax credits providing incentives for 
energy incentives, and for other purposes, to the Committee on Finance.
                                 ______
                                 
      By Mr. SALAZAR
  S. 1851. A bill to amend section 30123 of title 49, United States 
Code, to require replacement tires for passenger vehicles to meet the 
standards required for tires on new vehicles; to the Committee on 
Commerce, Science, and Transportation.
                                 ______
                                 
      By Mr. SALAZAR
  S. 1852. A bill to amend the Internal Revenue Code of 1986 to reduce 
the incentive to purchase larger and luxury vehicles; to the Committee 
on Finance.
                                 ______
                                 
      By Mr. SALAZAR
  S. 1853. A bill to amend the National Energy Conservation Policy Act 
to require Federal agencies to take certain actions to reduce employee 
vehicle consumption, and for other purposes, to the Committee on Energy 
and Natural Resources.
                                 ______
                                 
      By Mr. SALAZAR
  S. 1854. A bill to prohibit price gouging for commodities and 
services sold during national emergency situations; to the Committee on 
the Judiciary.
  Mr. SALAZAR. Mr. President, I ask unanimous consent that the text of 
the bills be printed in the Record.
  There being no objection, the bills were ordered to be printed in the 
Record, as follows:

                                S. 1850

       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 ``Rapid Efficiency Credit Act 
     of 2005''.

     SEC. 2. ACCELERATION OF CERTAIN ENERGY INCOME TAX CREDITS.

       Sections 1333(c), 1335(c), 1336(e), 1337(d), 1341(c), and 
     1342(c) of the Energy Policy Act of 2005 are each amended by 
     striking ``December 31, 2005'' and inserting ``the date of 
     the enactment of the Rapid Efficiency Credit Act of 2005''.

     SEC. 3. CREDIT FOR ENERGY STAR COMPLIANT COMPACT FLUORESCENT 
                   LIGHT BULBS.

       (a) Allowance of Credit.--Subsection (a) of section 25D(a) 
     of the Internal Revenue Code of 1986 (relating to residential 
     energy efficient property) is amended--
       (1) by striking ``and'' at the end of paragraph (2),
       (2) by striking the period at the end of paragraph (3) and 
     inserting ``, and'', and
       (3) by adding at the end the following new paragraph:
       ``(4) 30 percent of the qualified compact fluorescent light 
     expenditures made by the taxpayer during such year.''.
       (b) Maximum Credit.--Subsection (b)(1) of section 25D of 
     such Code is amended--
       (1) by striking ``and'' at the end of subparagraph (B),
       (2) by striking the period at the end of subparagraph (C) 
     and inserting ``, and'', and
       (3) by adding at the end the following new subparagraph:
       ``(D) $50 with respect to any qualified compact fluorescent 
     light expenditure.''.
       (c) Definition.--Section 25D(d) of such Code is amended by 
     adding at the end the following new paragraph:
       ``(4) Qualified compact fluorescent light expenditure.--The 
     term `qualified compact fluorescent light expenditure' means 
     an expenditure for Energy Star compliant compact fluorescent 
     light bulbs for use in a dwelling unit located in the United 
     States and used as a residence by the taxpayer.''.
       (d) Labor Costs Not Included.--Section 25D(e)(1) of such 
     Code is amended by inserting ``(other than paragraph (4) 
     thereof)'' after ``subsection (d)''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act, in taxable years ending after such 
     date.

                                S. 1851

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

     SECTION 1. FUEL ECONOMY STANDARDS.

       (a) In General.--Section 30123 of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(d) Fuel Economy.--(1) Replacement tires for passenger 
     motor vehicles (as defined in section 32101 of this title) 
     shall meet the standards required for tires on new vehicles 
     under part 571 of title 49, Code of Federal Regulations, 
     including standards affecting fuel economy.
       ``(2) Nothing in this section shall apply to--
       ``(A) a tire, or a group of tires with the same SKU number, 
     plant, and year, for which the volume of tires produced or 
     imported annually is fewer than 15,000;
       ``(B) a deep tread, winter-type, snow tire, space saver 
     tire, or temporary use spare tire;
       ``(C) a tire with a normal rim measuring not more than 12 
     inches in diameter;
       ``(D) a motorcycle tire; or
       ``(E) a tire manufactured specifically for use in an off-
     road motorized recreational vehicle.''.
       (b) Rulemaking.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     issue a final rule regarding policies and procedures for 
     testing and labeling tires for fuel economy that--
       (1) secures the maximum technically feasible and cost-
     effective fuel savings;
       (2) does not adversely affect tire safety;
       (3) does not adversely affect average tire life; and
       (4) establishes minimum fuel economy standards for tires.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the expiration of the date that is 180 
     days after the date of enactment of this Act.

                                S. 1852

       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 ``Reducing the Incentives to 
     Guzzle Gas Act''.

     SEC. 2. INCLUSION OF HEAVY VEHICLES IN LIMITATION ON 
                   DEPRECIATION OF CERTAIN LUXURY AUTOMOBILES.

       (a) In General.--Section 280F(d)(5)(A) of the Internal 
     Revenue Code of 1986 (defining passenger automobile) is 
     amended--
       (1) by striking clause (ii) and inserting the following new 
     clause:
       ``(ii)(I) which is rated at 6,000 pounds unloaded gross 
     vehicle weight or less, or
       ``(II) which is rated at more than 6,000 pounds but not 
     more than 14,000 pounds gross vehicle weight.'',
       (2) by striking ``clause (ii)'' in the second sentence and 
     inserting ``clause (ii)(I)''.
       (b) Exception for Vehicles Used in Farming Business.--
     Section 280F(d)(5)(B) of such Code (relating to exception for 
     certain vehicles) is amended by striking ``and'' at the end 
     of clause (ii), by redesignating clause (iii) as clause (iv), 
     and by inserting after clause (ii) the following new clause:
       ``(iii) any vehicle used in a farming business (as defined 
     in section 263A(e)(4), and''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.

     SEC. 3. UPDATED DEPRECIATION DEDUCTION LIMITS.

       (a) In General.--Subparagraph (A) of section 280F(a)(1) of 
     the Internal Revenue Code of 1986 (relating to limitation on 
     amount of depreciation for luxury automobiles) is amended to 
     read as follows:
       ``(A) Limitation.--The amount of the depreciation deduction 
     for any taxable year shall not exceed for any passenger 
     automobile--
       ``(i) for the 1st taxable year in the recovery period--

       ``(I) described in subsection (d)(5)(A)(ii)(I), $4,000,
       ``(II) described in the second sentence of subsection 
     (d)(5)(A), $5,000, and
       ``(III) described in subsection (d)(5)(A)(ii)(II), $6,000,

       ``(ii) for the 2nd taxable year in the recovery period--

       ``(I) described in subsection (d)(5)(A)(ii)(I), $6,400,
       ``(II) described in the second sentence of subsection 
     (d)(5)(A), $8,000, and
       ``(III) described in subsection (d)(5)(A)(ii)(II), $9,600,

       ``(iii) for the 3rd taxable year in the recovery period--

       ``(I) described in subsection (d)(5)(A)(ii)(I), $3,850,
       ``(II) described in the second sentence of subsection 
     (d)(5)(A), $4,800, and
       ``(III) described in subsection (d)(5)(A)(ii)(II), $5,775, 
     and

       ``(iv) for each succeeding taxable year in the recovery 
     period--

       ``(I) described in subsection (d)(5)(A)(ii)(I), $2,325,

[[Page 22508]]

       ``(II) described in the second sentence of subsection 
     (d)(5)(A), $2,900, and
       ``(III) described in subsection (d)(5)(A)(ii)(II), 
     $3,475.''.

       (b) Years After Recovery Period.--Section 280F(a)(1)(B)(ii) 
     of such Code is amended to read as follows:
       ``(ii) Limitation.--The amount treated as an expense under 
     clause (i) for any taxable year shall not exceed for any 
     passenger automobile--

       ``(I) described in subsection (d)(5)(A)(ii)(I), $2,325,
       ``(II) described in the second sentence of subsection 
     (d)(5)(A), $2,900, and
       ``(III) described in subsection (d)(5)(A)(ii)(II), 
     $3,475.''.

       (c) Inflation Adjustment.--Section 280F(d)(7) of such Code 
     (relating to automobile price inflation adjustment) is 
     amended--
       (1) by striking ``after 1988'' in subparagraph (A) and 
     inserting ``after 2006'', and
       (2) by striking subparagraph (B) and inserting the 
     following new subparagraph:
       ``(B) Automobile price inflation adjustment.--For purposes 
     of this paragraph--
       ``(i) In general.--The automobile price inflation 
     adjustment for any calendar year is the percentage (if any) 
     by which--

       ``(I) the average wage index for the preceding calendar 
     year, exceeds
       ``(II) the average wage index for 2005.

       ``(ii) Average wage index.--The term `average wage index' 
     means the average wage index published by the Social Security 
     Administration.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.

     SEC. 4. EXPENSING LIMITATION FOR FARM VEHICLES.

       (a) In General.--Paragraph (6) of section 179(b) of the 
     Internal Revenue Code of 1986 (relating to limitations) is 
     amended to read as follows:
       ``(6) Limitation on cost taken into account for farm 
     vehicles.--The cost of any vehicle described in section 
     280F(d)(5)(B)(iii) for any taxable year which may be taken 
     into account under this section shall not exceed $30,000.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.

                                S. 1853

       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 ``Reduce Government Fuel 
     Consumption Act of 2005''.

     SEC. 2. REDUCTION OF EMPLOYEE VEHICLE FUEL CONSUMPTION BY 
                   FEDERAL AGENCIES.

       Section 543 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8253) (as amended by section 103 of the Energy 
     Policy Act of 2005 (Public Law 109-58)) is amended by adding 
     at the end the following:
       ``(f) Reduction of Employee Vehicle Fuel Consumption by 
     Federal Agencies.--
       ``(1) In general.--Each agency shall take such actions as 
     are necessary to reduce the level of fuel consumed by 
     vehicles of employees of the agency (other than fuel used for 
     military purposes), in connection with the employment of the 
     employees, by (to the maximum extent practicable) at least 10 
     percent during the 1-year period beginning on the date of 
     enactment of this subsection.
       ``(2) Methods.--An agency may use such methods as the 
     agency determines are appropriate to achieve the target 
     established by paragraph (1), including--
       ``(A) telework;
       ``(B) carpooling;
       ``(C) bicycling and walking to work;
       ``(D) fuel-efficient trip planning;
       ``(E) public transportation use; and
       ``(F) limiting travel days for vehicle travel outside the 
     office.
       ``(3) Measurement.--An agency may use such measures as the 
     agency determines are appropriate to determine whether the 
     agency has achieved the target established by paragraph (1), 
     including--
       ``(A) a reduction in travel vehicle travel miles reimbursed 
     by the agency; and
       ``(B) certification of the methods described in paragraph 
     (2).''.

                                S. 1854

       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 ``Treat Emergency Victims 
     Fairly Act of 2005''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Price gouging in emergencies, including natural 
     disasters and other emergencies, is reprehensible commercial 
     activity.
       (2) Emergencies place great strains on commercial and 
     consumer relationships in the areas affected.
       (3) Emergencies can strain commercial and consumer 
     relationships in areas beyond those directly damaged or 
     affected by the emergency.
       (4) It is an unfortunate truth that some will try to take 
     advantage of others in emergency situations by price gouging 
     for consumer and other commercial goods or services.
       (5) Price gouging can take place prior to, during, and 
     following natural disasters and other emergencies.
       (6) Price gouging in commercial and consumer settings 
     affects interstate commerce.
       (7) Price gouging--
       (A) distorts markets without regard to State lines;
       (B) disturbs and interferes with the flow of commodities 
     and services across State lines; and
       (C) creates or exacerbates shortages and interruptions of 
     supplies of materials across State lines.
       (8) It is in the interest of the United States to prohibit 
     and deter price gouging.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Emergency.--The term ``emergency'' means a natural 
     disaster or other circumstance or event that is formally 
     declared to be an emergency by Federal or State authorities. 
     An emergency may be associated with a designated area.
       (2) Goods or services.--The term ``goods or services'' 
     means goods or services of any type, including food, 
     transportation, housing, and energy supplies.
       (3) Person.--The term ``person'' means a natural person, 
     corporation, governmental body, or other entity.
       (4) Price gouging.--
       (A) In general.--The term ``price gouging'' means charging 
     an unreasonable and unconscionable price for a good or 
     service immediately prior to, during, or following an 
     emergency.
       (B) Presumption.--
       (i) Affirmative.--A price for a good or service is presumed 
     to be unreasonable and unconscionable--

       (I) in the designated area of an emergency if it reflects a 
     price increase at least 10 percent greater than the average 
     price for the good or service charged by the seller in the 
     designated area during the 30 days prior to the formal 
     declaration of the emergency; and
       (II) outside the designated area of an emergency if the 
     price is affected by the emergency and if the price reflects 
     a price increase at least 10 percent greater than the average 
     price for the good or service charged by the seller in the 
     area of the sale during the 30 days prior to the formal 
     declaration of an emergency.

     For purposes of subclause (II), a price is presumed to be 
     affected by the emergency if, within 30 days following the 
     declaration of the emergency, the price is at least 25 
     percent greater than the average price for the good or 
     service charged by the seller in the area of the sale during 
     the 30 days prior to the formal declaration of the emergency.
       (ii) Negative.--A price for a good or service is not 
     unreasonable and unconscionable if it reflects only the cost 
     of the good or service to the seller prior to the emergency, 
     the average profit margin of the seller during the 30 days 
     prior to the formal declaration of an emergency, and the 
     increased costs actually incurred by the seller to sell the 
     good or service during or following the emergency.

     SEC. 4. CAUSE OF ACTION.

       (a) In General.--It shall be unlawful for any seller of 
     goods or services to engage in price gouging.
       (b) Litigation.--A cause of action under this section may 
     be brought--
       (1) in Federal or State court; and
       (2) by the Federal Government, through the Attorney 
     General, or a State Government acting through its attorney 
     general.
       (c) Venue and Procedure.--
       (1) Federal court.--An action in Federal court under this 
     section may be brought in any court whose jurisdiction 
     includes--
       (A) the geographic area in which price gouging is alleged 
     to have occurred; or
       (B) the State which is a plaintiff in the action.
       (2) State court.--An action in State court under this 
     section shall conform to State rules of procedure.
       (d) Expedited Federal Consideration.--An action under this 
     section in Federal court shall receive expedited review.
       (e) Investigations.--
       (1) In general.--During the course of an investigation 
     under this section by the Attorney General of the United 
     States or a State attorney general, whether prior to filing 
     an action or during such an action, the investigating 
     attorney general may--
       (A) order any person to file a statement, report in 
     writing, or answer questions in writing, under oath or 
     otherwise, concerning facts or circumstances reasonably 
     related to alleged price gouging;
       (B) order any person to provide data or information the 
     attorney general reasonably deems to be necessary to an 
     investigation; and
       (C) issue subpoenas to require the attendance of witnesses 
     or the production of relevant documents, administer oaths, 
     and conduct hearings in aid of the investigation.
       (2) Enforcement.--A subpoena issued under this subsection 
     may be enforced in Federal or State court.
       (3) Penalty.--Failure to comply with an order or subpoena 
     under this subsection is subject to a civil penalty of up to 
     $10,000.
       (f) Limitation.--An action under this section shall be 
     brought not later than 3 years of the date of the sale of the 
     goods or services at issue.

[[Page 22509]]



     SEC. 5. DAMAGES AND PENALTIES.

       (a) In General.--A prevailing plaintiff shall be entitled 
     to--
       (1) plaintiff's damages incurred as a result of the price 
     gouging, including without limitation a refund of all prices 
     paid by the plaintiff in excess of conscionable and 
     reasonable prices;
       (2) injunctive relief prohibiting the defendant from price 
     gouging or mandating action; and
       (3) attorneys fees and costs incurred by the plaintiff.
       (b) Restitution.--The Attorney General of the United States 
     and a State attorney general, in an action brought on behalf 
     of the citizens of the United States or a State, 
     respectively, may recover restitution or disgorgement of 
     excess profits on behalf of those citizens.
       (c) Civil Penalties.--
       (1) In general.--A person who violates section 4(a) shall 
     be subject to civil penalties of up to $10,000 per incident.
       (2) Disposition of penalties.--Civil penalties collected 
     through an action by the United States Attorney General shall 
     be deposited in the United States Treasury. Civil penalties 
     collected through an action by an attorney general of a State 
     shall be deposited in the State's treasury. The court may 
     apportion the deposit of civil penalties as appropriate in 
     the circumstances.

     SEC. 6. ATTORNEY GENERAL AUTHORITIES.

       The Attorney General of the United States shall--
       (1) provide assistance to and cooperate with the States in 
     State investigations of price gouging and in State litigation 
     brought under this Act;
       (2) create and disseminate guidelines designed to assist 
     the public to recognize and report price gouging and 
     establish a system to gather and disseminate information 
     about instances of reported price gouging; and
       (3) provide grants to offices of the State attorneys 
     general of not greater than $50,000 in order to support the 
     pursuit of price gouging investigations and other activities.

     SEC. 7. SAVINGS PROVISION.

       This Act shall not preempt or otherwise affect any State or 
     local law.

                          ____________________