[Congressional Record (Bound Edition), Volume 153 (2007), Part 20]
[Senate]
[Pages 27666-27685]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. LIEBERMAN (for himself, Mr. Warner, Mr. Harkin, Mr. 
        Coleman, Mrs. Dole, Ms. Collins, Mr. Cardin, Ms. Klobuchar, and 
        Mr. Casey):
  S. 2191. A bill to direct the Administrator of the Environmental 
Protection Agency to establish a program to decrease emissions of 
greenhouse gases, and for other purposes; to the Committee on 
Environment and Public Works.
  Mrs. BOXER. Mr. President, for me, today is one of the most important 
days in my career because, with the introduction of the Lieberman-
Warner bill, today will be remembered, in my view, as the turning point 
in the fight against global warming. Let me explain why I make that 
very sweeping statement.
  First, this bill represents a bipartisan breakthrough on the Senate 
Environment and Public Works Committee. When I took the gavel of the 
committee 9 months ago, I said that global warming was the challenge of 
our generation, a challenge that I believed our committee could meet 
with knowledge, with bipartisanship, and in pursuit of that knowledge 
we have held 18 global warming hearings and 2 scientific briefings this 
year in the Environment Committee.
  At our very first hearing in January, we invited all Senators to come 
to the committee and share their perspectives. More than one-third of 
the Senate took part in that historic event. Since then, we have heard 
from more than 120 witnesses, ranging from utility executives, Silicon 
Valley entrepreneurs, venture capitalists, religious leaders, and Nobel 
Prize winners. Indeed, yes, we had Al Gore, we had members of the 
Intergovernmental Panel on Climate Change, and we also heard from 
business community leaders who have formed the U.S. Climate Action 
Partnership. We heard from mayors, Governors, and leaders of both 
parties, from many different States, cities, and counties across 
America.
  Then a wonderful thing happened: Senator John Warner, who is the 
ranking member on Senator Lieberman's Global Warming Subcommittee, 
decided it was time that he play a lead role in crafting a landmark 
environmental law which will take its place beside the Clean Air Act, 
the Clean Water Act, the Safe Drinking Water Act, and other great 
bipartisan environmental legislation.
  Senator Warner, this decision of yours is giving heart and hope to 
literally not only the people of the United States of America but all 
the people who share our planet. I know in your beautiful State of 
Virginia how proud they are. We had a hearing with you and with 
Senators Mikulski and Cardin, and we heard about the impact of global 
warming already taking place on the Chesapeake. Your Governor was also 
there. So this is a great moment.
  I cannot tell you how touched and moved I am that Senator Warner has 
joined Senator Lieberman. It is a wonderful moment in history. This, I 
believe.
  We would never leave a child alone in a hot, locked car, and I 
believe the Senate Environment and Public Works Committee will not 
leave this issue of global warming burning for another generation to 
address. It is our responsibility, and we must act.
  Today, with the introduction of this bill, we are taking the first 
immensely important legislative step to meet the challenge of global 
warming with hope and not with fear and with approaches that are 
carefully thought out and some already successfully tried out, like a 
cap-and-trade system that has been so successful in addressing acid 
rain. Also in this bill, which I am very proud of, is a section on 
energy efficiency, which has been so effective in lowering per capita 
energy use, costs, and greenhouse gas emissions in my own home State of 
California.
  For the past 50 years, the United States of America has been the 
world leader in environmental protection. Laws such as the Clean Water 
Act, Clean Air Act, Safe Drinking Water Act, Endangered Species Act, 
and the Superfund Act have achieved so much for our Nation and so much 
for our people. They have cleaned up our rivers and lakes, improved the 
quality of our air, and protected our drinking water supplies. Each of 
those laws--if you go back and study them--became a reality because 
Congress started on the path that, over time, would lead to enactment 
of strong legislation. The same is true for what we face today in 
global warming. We must start on the path to pass strong legislation.
  I have been working very closely with Senators Warner and Lieberman 
as they have assembled their bill, as have many other colleagues. I 
praise my friends for including so many people, including the occupant 
of the chair, Senator Casey, who was quite involved in crafting the 
green jobs portion of the bill. I have been so impressed with the 
effort they have invested, seeking out the views not only of other 
Senators but outside groups and business leaders, environmentalists, 
everybody, pro and con, with whom they have met. They have put great 
work into this effort. I am proud of that.
  In my own conversations with them, I have laid out some important 
principles that I believe must be reflected in legislation to address 
this challenge.
  First, the most important thing is that any bill has to include real, 
mandatory cuts in global warming pollution. Any bill we pass must set 
the Nation on the path to achieving the emissions reductions that will 
avoid dangerous climate change. Under the Lieberman-Warner bill, we 
anticipate reaching 1990 emissions levels by 2020. This will send a 
strong early signal to the marketplace, which is a very important part 
of getting where we need to go.
  The second necessary element is the flexibility to respond to new 
information because all of us know that daily we face new reports, new 
scientists telling us new things we didn't know before. So I ask my 
colleagues if they would include what I call a look-back provision in 
the bill. The bill must include provisions for continuing to review the 
science. We want to have our work based on science, and it has to 
happen at regular intervals. We have to know whether we are doing 
enough, too much, or if we have to do even more.
  Third, we must establish a cap-and-trade program for global warming 
pollution like the one that worked so well in curbing acid rain. A cap-
and-trade system will put a market price on carbon, driving greater 
efficiency and new technology, while reducing greenhouse gas emissions.
  Fourth, we must protect the pioneering State efforts that are already 
underway. The States have been leading the way on this issue and doing 
it in the most bipartisan fashion. In my own State of California, we 
have seen trailblazing there with a Republican Governor and a 
Democratic legislature. I believe my State has the gold standard bill. 
A total of 29 States have completed comprehensive climate action plans, 
and many have set mandatory reduction targets. We don't want to 
interfere with their work.
  Fifth, it is a moral imperative to do what we can to ease the impacts 
of global warming--not only on the American consumer but on world 
populations suffering from drought, floods, and famine. The religious 
community has worked very closely with all of us on this moral 
imperative.
  Finally, a bill must take into account the actions of countries that 
are not making progress toward a clean, sustainable energy future and 
must help level the playing field. Countries that want to export goods 
into the United States must take steps consistent with our global 
warming policy or be accountable for their emissions.
  All of these elements I have mentioned are included in the Lieberman-
Warner bill. Some of us may want to make them stronger, and some of us 
may want to make them weaker. But here is the important point: We have 
the framework. Every single issue anyone could raise about global 
warming has been raised and addressed in this bill, giving us a perfect 
place to start.
  I thank all of my colleagues who have introduced bills to deal with 
global warming. Each bill has made an important contribution to the 
debate, and

[[Page 27667]]

I know each bill has helped Senators Warner and Lieberman craft an 
excellent piece of legislation. We have this framework. We can build on 
it; it embodies all of the key concepts. The bipartisan progress on the 
bill is a reflection of how far we have come and brings us that much 
closer to the day we will have comprehensive legislation to deal with 
this great challenge of our generation.
  It is with great pride that I yield the floor to Senator Joe 
Lieberman.
  The PRESIDING OFFICER. The Senator from Connecticut is recognized.
  Mr. LIEBERMAN. Mr. President, I thank the distinguished chair of our 
Environment Committee. I thank her for her very kind and informed 
remarks, but, more broadly, I thank her for the steadfast encouragement 
she has given to Senator Warner and me and for her principled, 
passionate, and very effective leadership. She understands that global 
warming is real and wants to use the chairmanship she has now to see 
that we, together, fashion a solution to this very real problem. I 
thank her.
  I hope and believe myself that she is right--that we will look back 
on this day, as we stand here together across party lines to introduce 
this legislation, as the beginning of something very significant that 
finally happened. I have said before, and I will say it again, at this 
moment, I feel as if we had been in a race between tipping points. The 
challenge would be that we get to the political tipping point where we 
could come together and do something about global warming before we 
reach the environmental tipping point, after which it would be harder 
to avoid the worst consequences of global warming.
  I think today we have begun to reach that political tipping point, 
and there is no one who is more responsible for that than the senior 
Senator from Virginia, my dear friend, John Warner. His partnership 
with me on this and his commitment to get this done have made all the 
difference.
  I am pleased to stand with my friend from Virginia to announce today 
the introduction of the America's Climate Security Act. I am proud to 
also say that we have five original cosponsors--Senators Cardin, 
Coleman, Collins, Dole, and Harkin. The doors are wide open for 
additional cosponsors as this day and the days after go on.
  This day comes after several months of work with Senator Warner, with 
our staffs, with stakeholders, environmentalists, business community 
people, and numerous hearings before the Environment and Public Works 
Committee.
  This legislation, S. 2191, America's Climate Security Act, is the 
result of all that work. It is a pleasure now to yield to the 
aforementioned great Senator from Virginia, John Warner. 
  The PRESIDING OFFICER. The senior Senator from Virginia.
  Mr. WARNER. Mr. President, I first thank our distinguished chairwoman 
from California. From the very moment she seized the reins of the 
chairmanship of this committee, she indicated a strong desire to 
address this problem.
  I thank my colleague from Connecticut. He is the chairman of the 
subcommittee with primary jurisdiction over this matter. I purposely 
chose, as the longest serving member on the Environment and Public 
Works Committee on the Republican side, to be ranking for the purpose 
of this day coming to the floor of the Senate and indicating to our 
colleagues that we had formulated a starting point for the Congress to 
assume its leadership which I believe, as a coequal branch of our 
Government, we have.
  I am proud of the achievements we have made to date. I shall address 
them further, but at this time, I yield the floor to our distinguished 
colleague, Senator Inhofe, the ranking member of the full committee, 
and thank him. While we differ on the substance of these matters 
procedurally and we work our will in the subcommittee and eventually 
the full committee, I do hope we can have his cooperation.
  Mr. President, at this time, I ask that the hour for this debate be 
extended from 10:30 a.m. to 10 minutes to 11 to accommodate Senator 
Inhofe, who now will give his remarks, and then Senator Collins and 
Senator Alexander.
  Once again, I thank my distinguished chairman and ranking member. We 
are off, we are out of the starting gate.
  I yield the floor.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
Senator from Oklahoma.
  Mr. INHOFE. First of all, Mr. President, I had to come down here. 
Quite frankly, I didn't find out until last night--actually, until this 
morning, really--any of the parameters of this bill. My good friend 
from Connecticut just said they have been working on it for months and 
months, and yet nobody knows what it is. So only this morning I 
received some information.
  I see it is very similar to the McCain-Lieberman bill that passed. I 
remember we stood here and debated that bill for 5 days, I guess it 
was, a couple of years ago. I hope--and with the chairman of the 
Environment and Public Works Committee here--that we are going to have 
hearings on this legislation and spend some time, get into it because 
we do not get into something this big without hearing very significant 
issues.
  I will give a couple examples. First, let me ask a question. How much 
time do I have, I ask my friend from Virginia?
  Mr. WARNER. Mr. President, my understanding is the Senator wants 5 or 
6 minutes.
  Mr. INHOFE. I will go ahead. That is fine. I will initially mention a 
couple of points that are of concern to me.
  First, this has been something my colleagues have worked on for a 
long period of time. I understand that is true because I have heard my 
friend from Virginia tell that to me and others on the committee. But 
we really didn't find out what it is.
  I am reading something that came out of the Congressional Quarterly 
this morning. One sentence:

       Emissions caps would start at the 2005 level in 2012 and 
     decrease annually, reaching the 1990 levels in 2020 and 65 
     percent below 1990 levels in 2050.

  I assume that is an accurate description.
  Mrs. BOXER. Yes.
  Mr. LIEBERMAN. Mr. President, the Senator from Oklahoma is correct.
  Mr. INHOFE. As I recall, the other bill we had 2 years ago was that 
emissions caps would start at the 2004 level by 2012, and there was no 
intermediate step at that time. So it went down to one-third below the 
baseline by 2050. That is my understanding. I think that is accurate. 
So there is not that much difference. If anything, it is lower because 
this is one-third below the baseline, and this one is 65 percent below. 
It would be even more of a cut by 2050.
  The reason I bring up this point is because these issues don't happen 
in a vacuum. These are issues that are very costly. The term ``tipping 
point'' was used recently. I agree there is a tipping point, and I am 
going to be reserving more than 2 hours in the next few days on the 
floor, and I don't want my good friends to endure the whole 2 hours but 
at least give consideration to what is happening right now, and it is 
unbelievable.
  I have never seen such a change in science as we have witnessed in 
the last 5 months. The entire speech I am going to give is talking 
about what has happened in the last 5 months. Let me give an example.
  In August alone, the University of Washington claims to be ``the 
first to document a statistically significant globally coherent 
temperature response to the solar cycle.'' They came out and said it is 
due to natural causes. They were on the other side of this issue 
before.
  A Belgium weather institute, August 27--all of this is in August of 
this year, 2 months ago--natural causes.
  A peer-reviewed study published in ``Geophysical Research Letters'' 
finds natural causes.
  Here is a significant one now because over and over, I say to my good 
friend from California, we have heard that 1998 was the hottest year. 
Now NASA has come along and said, no, it was 1934. Interestingly 
enough, 1934 precipitated the largest increase in CO2 going 
into the atmosphere. After 1940, there was an 80-percent increase going 
into the atmosphere.

[[Page 27668]]

  But here is the one, if my colleagues are not listening to anything 
else, and I have a feeling they are not, I say to my friend from 
California.
  Mrs. BOXER. Yes, I am with you.
  Mr. INHOFE. Listen to one point. I appreciate it. In the same month, 
August, they peer-reviewed scientific literature, all of the literature 
from 2004 to 2007. In this report--this is 539 papers. These were the 
same ones used before as an example of what is going on. This is what 
they are going to review. It has not been released yet. It was done in 
August:

       Less than half of all published scientists endorse the 
     global warming theory.

  Less than half. Then it says:

       Of 539 total papers of climate change, only 38--

  That is 7 percent ``gave an explicit endorsement'' that man is the 
major cause of climate change. That is huge. That wasn't here until 
August of this year.
  I only bring these points out to say that anyone who says the science 
is settled to at least give me their attention for 2 hours. I will be 
talking about these issues.
  Here is what the American people need to know. I don't know what the 
cost of this would be if we were to pass the Warner-Lieberman bill. I 
have no way of knowing because I didn't see it until this morning. No 
one has made an evaluation. If we go back to the old Kyoto reductions, 
the Wharton Economic Survey said it would cost the average family of 
four in America $2,700 a year. Then when MIT came out addressing the 
two bills--the Boxer bill that is not yet introduced--it would cost the 
energy system, it would increase the cost of energy an amount equal to 
$4,500 for a family of four, and this bill apparently, or at least the 
old McCain-Lieberman bill, which this is very similar to but a little 
bit more aggressive in the later years, it would be $3,500 per family 
of four.
  I remember coming down to this floor, I say to my good friend from 
Tennessee, back in 1993 during the largest tax increase in the last few 
years prior to that. It was called the Clinton-Gore tax increase. It 
was an increase that was equal to about $300 per family of four. Here 
we are talking about something that will be 10 times the largest tax 
increase in the last three decades.
  This fact cannot be ignored if there is some question in terms of 
science. They will say there is not, that it is settled. I am going to 
be quoting facts that will shoot that down, and people should look at 
it. We have to realize we have a lot of families in America, and we 
have to consider what kind of a tax increase this will impose on them.
  My hope is this--and I say this to the chairman of the Environment 
and Public Works Committee who will be joining me in about 3 minutes in 
a hearing--let's have some hearings on this legislation. Let's bring it 
out. Let's really spend some time because this is very significant if 
we are looking at something that is going to cost the average taxpayer 
something like 10 times the largest tax increase we have experienced in 
this country. I look forward to it.
  Mrs. BOXER. Mr. President, I will take 1 minute. As I said to Senator 
Lieberman, before Senator Inhofe and I go to a hearing we are having in 
the Environment and Public Works Committee, I thank my colleagues for 
participating in this conversation. Senator Inhofe is right. This is a 
very important moment in time. The cost of doing nothing, according to 
the leading economist on this topic in the world, Nicholas Stern, is 
five times what the cost will be to address this issue now. So let's be 
wise about what we do.
  The second point is, I am looking forward to Senator Inhofe's 2 hours 
on the Senate floor. I really am. Mr. President, I say to Senator 
Inhofe, I am giving him a compliment.
  I said, I am looking forward to hearing Senator Inhofe for 2 hours on 
the Senate floor, and I hope he will stay for my 2 hours when he is 
done. I will, in fact, do that because many of the points Senator 
Inhofe makes--it is cherry-picking information.
  I think it is very important that we have this debate. In many ways, 
it is good we are chairman and ranking member--and the last time it was 
the opposite--because I do think certainly the Senate gets the benefit 
of the broad viewpoint on this subject of global warming.
  I yield the time back to Senator Lieberman.
  The PRESIDING OFFICER. The Senator from Connecticut.
  Mr. LIEBERMAN. Mr. President, I thank the chairman of the committee, 
and I thank the Senator from Oklahoma. Obviously, we are going to have 
a spirited debate on this subject.
  What I want to say is the pleasure I have in having announced the 
seven original cosponsors. As Senator Inhofe indicated, I had partnered 
with Senator McCain on an earlier version of a climate change bill. We 
brought it before the Senate twice. It failed twice.
  To me, the most remarkable and specific fact today that gives me 
encouragement is of the seven original cosponsors--that is, Senator 
Warner and I and the five others who have just come forward without us 
reaching out to them--four of those seven voted against one or both of 
the iterations of the McCain-Lieberman bill. So this issue is moving in 
the right direction. It is moving in the right direction because we 
have answered in this bill some of the questions and concerns that 
Senator Inhofe expressed about the economic consequences.
  First, I wish to say America's Climate Security Act is for real. It 
achieves necessary emissions by putting a cap on America's greenhouse 
gas emissions over electric power, transportation, and manufacturing 
sources that account for 75 percent of U.S. greenhouse gas emissions 
and by strengthening energy efficiency standards for appliances and 
buildings.
  I note the presence on the floor of our colleague from Tennessee, 
Senator Alexander. I know this was of particular interest to him. He 
made a significant contribution to this bill in that regard.
  Now, what does this achieve? It does what we have to do. It doesn't 
do everything everybody wants to do. I have already heard from some who 
have said it doesn't go far enough. But let me set up this standard: 
The Intergovernmental Panel on Climate Change, the group of more than 
2,000 scientists from around the world who just shared the Nobel Prize 
with our former colleague Al Gore, has said the goal should be to keep 
the concentration of greenhouse gases in the atmosphere below 500 parts 
per million, because that will avoid what they describe as the high 
risk of severe global warming impacts here in the United States, which 
obviously has to be our first concern, but also around the world.
  I am pleased to say that if you take the Environmental Protection 
Agency's analysis of the McCain-Lieberman bill and apply it to this 
bill that Senator Warner and I are introducing, you will find the 
concentration of greenhouse gases will be well below that danger level 
of 500 parts per million by the end of the century.
  Secondly, Senator Warner and I are as committed to promoting and 
sustaining American prosperity as we are to protecting America's 
environment and the global environment from the danger of climate 
change. Senator Inhofe made an interesting point. This is different 
from McCain-Lieberman, which had big jumps, or I should say big drops 
in greenhouse gas emissions. We create a steady glidepath down, and 
that is going to be easier for the sources of emissions to deal with.
  Yes, we set a good solid goal in 2020 to make it clear that this is 
real, a 20-percent reduction, bringing us back down to where the 1990 
levels were. So it is real, but it moves slowly. And in this cap-and-
trade system, with the auctioning of credits and the opportunity to 
subsidize some and provide free credits to other businesses while they 
are in the transition, we are going to smooth the impact.
  We have also created a mechanism--a carbon market efficiency board, 
very creative--which comes out of work Senator Warner did with Senators 
Graham, Landrieu, and Lincoln, a kind of Federal Reserve Board for 
climate change cap and trade, which can step in during times of 
economic stress to smooth this out so the American

[[Page 27669]]

economy will continue to grow. And, of course, the basic premise here--
cap and trade--is to set the standard: Reduce greenhouse gas emissions. 
Make sure you are reducing them.
  Others have said: Why don't we pass a carbon tax? Well, I suppose a 
carbon tax would reduce carbon-emitting fossil fuels, but we don't know 
that for sure. Look how the demand for gasoline has stayed up even as 
the price has gone up. So you don't want to tax people without a 
certainty of result. Mandatory cap and trade guarantees the result: We 
want to protect our environment, our lives, our health, our wildlife, 
and our beautiful natural places. It does it in a way that will drive 
innovation and entrepreneurship. The market this bill creates will do 
what we in this country have known that markets do best--they get the 
job done and drive prices down.
  I say finally that this legislation includes many provisions that 
were drafted, suggested and, in fact, in some cases introduced by 
colleagues in the Senate. This is an incomplete list, but I want to be 
certain I mention Senators Collins and Alexander, who are on the floor, 
Senator Coleman--and I will come back to him specifically--Senators 
Boxer, Lautenberg, Sanders, McCain, Bingaman, Specter, Dole, Harkin, 
Klobuchar, Carper, Lincoln, Casey, and Baucus. 
  Senator Coleman particularly has made a contribution to this 
legislation that responds to a statement Senator Inhofe made. What is 
the impact this is going to have on average working people in this 
country--middle income, low income? We are concerned about that, and 
Senator Coleman has essentially inserted a provision here that we 
worked on with him that will ensure that low- and middle-income 
Americans do not bear the brunt of paying for this program.
  This bill is a synthesis of an enormous amount of work on the part of 
many Members of the Senate. Senator Warner and I are deeply grateful 
for their contributions. Let me say it specifically: We are introducing 
the legislation today. Our subcommittee is going to have a hearing next 
week. We are going to do the markup the week after that, the week of 
October 29. This is an ongoing process.
  Our doors, Senator Warner's door and mine, are open. We are putting 
before the Senate today exactly what he said, a framework, a strong, 
detailed, politically credible bill that has a real chance of passing, 
but we are not claiming perfection here, and we welcome the opportunity 
to work with our colleagues on both sides of the aisle. This is not a 
partisan issue and it certainly is not a partisan problem to fix it 
before our children and grandchildren suffer from it.
  Finally, before I yield back to Senator Warner, I again want to come 
back to him. John Warner and I have worked together on many matters, 
mostly regarding America's national security, as I have served under 
his leadership on the Armed Services Committee. His decision to come to 
the leadership of this effort to stop the onward movement of climate 
change has made all the difference. I can't say it any better. It is 
the tipping point, as far as I am concerned, in this Chamber. I believe 
he is doing it for the same reason that has motivated him in the other 
work we have done in the Armed Services Committee. He feels America is 
threatened by this environmental problem and he wants to be part of the 
solution to it.
  We all know our colleague is retiring, after enormous service to our 
country, at the end of this session. I think that together we have the 
opportunity, with his participation, for this to be, in a long life of 
great service to America both in this Chamber and in service in the 
military, one of the great acts of service and leadership that John 
Warner has done for America. I thank him from the bottom of my heart as 
a dear friend and a wonderful partner in this effort.
  I also want to thank his extraordinarily tireless legislative 
assistant, Chelsea Maxwell, who has worked so well with Dave McIntosh 
and Joe Goffman on my staff. This is the day of a breakthrough, but it 
is only a beginning. We have kind of crossed the 50-yard line here, I 
think, my friend from Virginia, and we have some work to do before we 
go into the end zone, but with your help, we are going to do it.
  Mr. President, I thank the Chair, and I yield the floor back to my 
friend from Virginia.
  The PRESIDING OFFICER (Mr. Nelson of Nebraska). The Senator from 
Virginia.
  Mr. WARNER. Mr. President, this wonderful organization, the Senate, 
has strong friendships. That is the way we operate. It may not be 
apparent. We tend to be a little contentious. Partisanship has always 
been a part of the legislative process since its very inception, but we 
do have mutual respect for one another in this Chamber across the 
aisle.
  I thank my dear colleague from Connecticut for his very heartfelt 
remarks, and I assure him I return in full measure the compliments he 
has bestowed upon me, such as I can bestow the same upon him.
  Now, I am not as sure we are on the 50-yard line. I want to drop back 
a little bit. I think we have caught the punt and we are beginning to 
move down the field. This is going to be a very long and contentious, 
as it should be, piece of legislation. But somehow, I have a measure of 
confidence that the Senate, as a body, will eventually act on a bill 
for climate change. I am also confident that bill, in its final 
analysis, will have the basic goals we are outlining today.
  I say to my good friend from Oklahoma, the distinguished ranking 
member of the full committee, yes, we just finished the bill last 
night, but that is often the way things go around here. I have been 
absent a few days, but I am hopefully back now for an extended time to 
get this bill underway in our committee. But we did sort of open our 
doors for business, as the commercial world says, in August. That 
brought forth a very important forthcoming from the widest possible 
diversity of sources in the private sector, and not only the business 
world but the educational world, the philanthropic world, and on it 
goes. They came to accept our offer to work with us to try and fashion 
this bill. So together with our colleagues and others, we have put this 
together and we are launching it today.
  I want to make certain that time is given to my other colleagues, so 
I will give my remarks later, but I stress the work that has been done 
by so many of our colleagues prior to this bill being introduced today: 
The McCain-Lieberman bill, which my colleague from Connecticut has 
mentioned; the Bingaman-Specter bill. Senator Lieberman and I have made 
a point of personally going to the offices and visiting with each of 
the principal cosponsors, I believe, of all of these various bills and 
indicating to them our desire to take a portion of their work product 
and weave it into this, the bill that is before the Senate as of today: 
The Alexander powerplant bill, and Senator Alexander will soon be 
addressing the Senate on that; the Landrieu-Graham-Lincoln-Warner cost 
containment bill; the Kerry carbon capture and storage bill; the 
Coleman CO2 pipeline bill; and the Klobuchar-Snowe registry 
bill.
  We readily acknowledge the ground that has been broken, the important 
gains thus far of so many of our colleagues. But with due respect to 
the administration, the basic difference between the administration's 
approach and our approach is we feel that voluntarism will not achieve 
the goals, the leadership that America must simply take on this issue 
to join the other nations of the world that have taken up leadership. 
The only way we feel to do this is by law.
  Essentially, we are asking the infrastructure in America--the 
industrial infrastructure, the transportation infrastructure, the power 
infrastructure--to consider very significant investments, calling upon 
the investment community in America to bring forward the private sector 
resources and begin to make those commitments now so we can attain the 
goals in the future. And, quite frankly, we have recognized from the 
beginning there will be a burden on the American taxpayers.

[[Page 27670]]

  There will be a burden, in fact, on almost every single American, and 
it will be financial in some respects. We do not anticipate exactly how 
much it will be, but every time you fill up your car with gasoline, 
some portion of that will go toward America's role to lead in global 
climate change. The power industry, the transportation industry, they 
will all have to make their respective contributions.
  So I join my good friend from Connecticut in acknowledging the work 
that has been done by our respective staffs, the staff of our chairman 
and others, but this is like a great ship that has been launched today. 
And as we say in the Navy, you launch them and then you finish 
outfitting them. Now it is up to our colleagues to come forward with 
their ideas. We approach it with an open mind. This body will 
eventually shape the bill.
  We will move it into subcommittee next week, do our markup, hopefully 
report that out successfully, move on to full committee, and in this 
calendar year finish a product by the Environment and Public Works 
Committee such that next year our respective leaders can determine when 
is the appropriate time for this measure to be brought to the floor.
  Mr. President, I ask unanimous consent that the balance of the time 
be equally divided between Senators Coleman, Collins, and Alexander, in 
that order, and that they be given the opportunity, even though they 
are not at this point in time sponsors, to address the body. So that I 
believe the hour for this debate will continue from now until the hour 
of 11 a.m.
  I so make that unanimous consent request.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WARNER. We did that in consultation with our respective leaders. 
I ask the time equally be divided between these two Senators.
  The PRESIDING OFFICER. Each Senator will have 5 minutes.
  Mr. WARNER. I yield the floor to Senator Coleman.
  The PRESIDING OFFICER. The Senator from Minnesota is recognized.
  Mr. COLEMAN. Mr. President, I thank my friend from Connecticut and 
esteemed colleague from Virginia for their work on this critical issue 
of climate change. We spend a lot of time in this debate talking about 
large numbers: the number of species that could be lost, the millions 
of metric tons of CO2, the billions of dollars at stake for 
our economy if mitigated incorrectly. But it is smaller numbers I am 
most concerned about--hundreds of dollars. That is what the annual 
burden could be for a household making around $15,000 a year should we 
attempt to transform our energy supply without holding struggling 
families harmless. One elderly woman waiting at a bus stop in 
Minneapolis-St. Paul, when it gets to be about minus 15, minus 20, 
sometimes minus 25, who is on a fixed income, who can't find money for 
her other needs if energy rates go up--this is the price paid if we do 
not address climate change responsibly; the young daughter who hopes 
her dad can keep his job mining taconite up on the Iron Range in 
northern Minnesota. This is the family we must protect if China decides 
it won't take responsibility for its emissions. It is the numbers our 
neighbors count that raise the most critical issues in the climate 
change debate, the little things that end up becoming the big things.
  That is why, when I signed on to Senator Lieberman's Climate 
Stewardship and Innovation Act several months ago, we came to the floor 
together and signed our names to a sense-of-the-Senate resolution that 
stated that any comprehensive, mandatory greenhouse gas emissions 
reduction program enacted by Congress must also take care of low-income 
Americans, who will see their energy costs rise, prevent U.S. workers 
from being undercut by foreign industries that produce goods in 
countries without comparable greenhouse gas reduction programs, and 
incentivize the production of clean energy technologies so that 
Americans can create more green jobs at home while diversifying our 
energy supply.
  Senators Lieberman and Warner have listened to my concerns over the 
last few months as they have worked to craft this legislation. This 
bill is hard evidence that they took those concerns to heart and that 
they too care about the small numbers that affect our fellow Americans 
the most.
  There are several provisions I am particularly proud of in America's 
Climate Security Act, including provisions to provide an estimated $275 
billion for low- and middle-income families to help hold them harmless 
against increased energy costs, including additional funding for 
critical programs such as LIHEAP and the Weatherization Assistance 
Program--programs that the Senator from Maine, who is on the floor, 
championed, because we know how important they are for those, the least 
amongst us, who are impacted so greatly by energy costs.
  This bill includes $30 billion through 2030 for job training for new 
clean energy jobs that provide new employment opportunities in the new 
green economy. It authorizes the President to require importers of 
greenhouse-gas-intensive manufactured products credits if their home 
countries have not taken comparable action. It incentivizes clean 
energy technology by investing an estimated $400 billion through 2030 
in zero and low carbon technologies, to accelerate our transition to a 
clean energy future.
  This bill does not just take care of the environment; it takes care 
of our children. It is a major step forward in addressing global 
climate change in a manner that brings the Senate together. This is, a 
tremendous bipartisan coalition. Some folks were not on this side a 
while ago, but understand the problem is real and the path we are 
taking is a responsible path.
  I am proud to cosponsor this bill. I thank both Senators for their 
hard work and determination. They have proven they are committed to 
action. I am proud to stand by their side.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Maine.
  Ms. COLLINS. Mr. President, I rise today as a proud cosponsor of the 
Lieberman-Warner America's Climate Security Act. This bill will address 
the most significant environmental challenge facing our country and I 
want to add my praise to that already heard of the two leaders, Senator 
Lieberman and Senator Warner. I am convinced this bill does represent a 
tipping point because of the coalition brought together to advance this 
bill.
  The scientific evidence clearly demonstrates the human contribution 
to climate change. According to recent reports from the 
Intergovernmental Panel on Climate Change, increases in greenhouse gas 
emissions have already increased global temperatures and likely 
contributed to more extreme weather events such as drought and floods. 
These emissions will continue to change the climate, causing warming in 
most regions of the world, and likely causing more droughts, floods, 
and other societal problems.
  In the United States alone, emissions of the primary greenhouse gas, 
carbon dioxide, have risen more than 20 percent since 1990. Climate 
change is one of the most daunting challenges we face, and we must 
develop reasonable solutions to reduce our greenhouse gas emissions.
  That is why I am truly excited about this coalition. Senator 
Lieberman deserves much praise for his longstanding leadership, for 
working with Members on both sides of the aisle. Senator Warner's 
commitment to taking on this cause gives me much hope that for the 
first time we are actually going to get a bill through that is going to 
make a difference.
  This bipartisan bill presents a practical, economically sound 
approach to reducing America's greenhouse gas emissions by 70 percent 
over 2005 levels by the year 2050.
  I also thank Senator Coleman for his contributions to this bill, for 
making sure that we looked at the economic impact, particularly on low-
income families.
  I have observed in person the dramatic effects of climate change. I 
have had the opportunity to be briefed by the most preeminent experts 
in this field.

[[Page 27671]]

  On a trip to Antarctica and New Zealand, for example, I learned more 
about the groundbreaking research done by scientists from the 
University of Maine. One of those professors, a distinguished National 
Academy of Sciences member, George Denton, toured parts of sites in New 
Zealand with us. He showed us sites that had been buried by massive 
glaciers at the beginning of the 20th century but are now ice free. 
Fifty percent of the glaciers in New Zealand have melted since 1860--an 
event unprecedented in the last 5,000 years.
  The melting is even more dramatic in the northern hemisphere. In the 
last 30 years, the Arctic has lost sea ice covering an area 10 times as 
large as the State of Maine. At this rate that area is going to be ice 
free by the year 2050.
  In Barrow, AK, I witnessed the impact of the melting permafrost. I 
saw telephone poles that had been planted decades ago in the permafrost 
that are now leaning over. I talked to native people who told me they 
were seeing insects that they have never seen that far north; that 
there has been an extraordinary change in the pattern of fish spawning 
in the area.
  These are dramatic changes. The time has come to take meaningful 
action to respond to climate change--not only talk about it but to pass 
legislation. My colleagues have worked so hard to develop this 
legislation that will preserve our environment for future generations 
while providing reasonable, achievable emission reduction goals, 
offsets, and incentives for the industries covered by this bill.
  The America's Climate Security Act covers U.S. electric power, 
transportation, and manufacturing sources that together account for 75 
percent of U.S. greenhouse gas emissions. It requires these sectors to 
reduce their emissions to 70 percent below 2005 levels by 2050. I am 
pleased that the bill also strengthens energy efficiency standards for 
appliances and buildings, and sets aside credits and funding to deploy 
advanced technologies for reducing emissions and helps protect low- and 
middle-income Americans from higher energy costs.
  Let me conclude my remarks by again applauding the leadership and the 
hard work of my colleagues from Connecticut and Virginia. I urge all of 
our colleagues to consider joining us on this important legislation.
  The PRESIDING OFFICER. Under the previous order, the senior Senator 
from Tennessee is recognized for 5 minutes.
  Mr. ALEXANDER. Mr. President, I congratulate the Senators from 
Connecticut and Virginia for their leadership. Their presence in front 
of this bill makes a huge difference in this Chamber. I congratulate 
Senator Collins, Senator Coleman, Senator Dole, and the other 
cosponsors.
  The question before the Senate is not whether to act on climate 
change, or when to act on climate change, but how to act on climate 
change. How shall we, in this Congress, begin to reduce greenhouse gas 
emissions with the most certainty, least complexity, and the lowest 
cost? The Lieberman-Warner legislation prefers an economy-wide cap-and-
trade approach. I prefer a sector-by-sector approach, that is, devising 
the lowest cost, least complex approach tailored to each of the three 
largest sectors of the economy that produce the most greenhouse gases.
  Since my first year in the Senate in 2003, first with Senator Carper 
and then with Senator Lieberman, I have introduced legislation to put a 
cap on carbon emissions from the first of these three large sectors, 
electricity powerplants. These plants produce 40 percent of the carbon 
dioxide and 33 percent of the greenhouse gases in the United States. I 
will now broaden my legislation to include two other major sectors of 
the economy, one, a low carbon fuel standard for the fuels used in 
transportation--transportation produces another one-third of America's 
greenhouse gases--and, third, an aggressive approach to building energy 
efficiency. I am grateful to the sponsors for including energy 
efficiency in their legislation.
  Tailoring our approach to only these three sectors--powerplants, 
transportation, and buildings--would cover about two-thirds of all U.S. 
greenhouse gas emissions. I believe I heard Senator Lieberman say the 
Lieberman-Warner bill would approach 75 percent of the greenhouse gas 
emissions.
  As we implement laws reducing emissions from these three large 
sectors, we could learn more and move on to the other sectors in the 
future. A sector-by-sector approach minimizes guesswork. For example, 
the United States has 16 years experience with a cap-and-trade program 
designed to reduce acid rain pollution from powerplants. The program 
costs less than expected. Utilities have experience with how it works, 
and we have in place right now the mechanisms we need to measure and 
regulate carbon from utility smokestacks. Cap and trade, which the 
Lieberman-Warner bill employs, and which my legislation employs for the 
utility sector, is a Republican idea, advanced by the first Bush 
administration in the Clean Air Act Amendments of 1990. With cap and 
trade, the Government sets the limits and the deadlines, and the market 
sets the price. With a carbon tax, on the other hand, the congressional 
tax committees and the Internal Revenue Service set the price.
  Cap and trade creates a more certain environment than a tax. Congress 
would have to revisit the carbon question to determine whether the tax 
is high enough to achieve the environmental goal, which could result in 
constantly changing limits and taxes. With a carbon tax there is more 
possibility that the cost of the tax will simply be passed along to the 
consumer.
  A sector-by-sector approach of the kind I advocate allows us to build 
on steps already taken. For example, in the transportation sector, 
Congress has already begun to mandate renewable fuels to reduce 
greenhouse gasses.
  This year the Senate enlarged that mandate and adopted fuel 
efficiency standards for cars and trucks. I believe we should add to 
those steps a low-carbon fuel standard; that is, requiring 
transportation fuels to decrease gradually the amount of carbon in the 
gasoline they contain, which is a logical and manageable next step.
  In addition, both in the Energy bill of 2005 and the Energy bill the 
Senate passed earlier this year, Congress began to encourage more 
efficient buildings. Making those steps more aggressive holds the 
promise for enormous carbon savings at the least cost.
  I believe a sector-by-sector approach will do the least harm. It 
avoids imposing new regulations directly on the manufacturing sector, 
who nevertheless may have higher costs for fuel and electricity, and 
therefore avoids adding to the pressure to ship jobs overseas.
  By minimizing guesswork, my approach avoids grand plans that sound 
good but may turn out to invoke the high law of unintended 
consequences. I also believe a sector-by-sector approach is the easiest 
approach.
  The PRESIDING OFFICER (Mr. Brown). The Senator's time has expired.
  Mr. ALEXANDER. Mr. President, I ask unanimous consent for 1 
additional minute.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. ALEXANDER. Mr. President, I believe it is the easiest approach 
for Members of Congress to understand and explain to our constituents 
these very complicated issues. As the recent debate on comprehensive 
immigration should have taught us, this is not an insignificant 
concern.
  The Lieberman-Warner economy-wide climate change legislation is an 
important contribution. I will not be a cosponsor as this point because 
I prefer sector by sector, but I will be a full participant in the 
committee and the Senate to produce a sensible piece of legislation in 
this Congress.
  The question before the Senate is not whether to act on climate 
change or when to act, it is how to act. And we should act in this 
session.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. Mr. President, I wish to thank my colleagues, Senators 
Coleman, Collins, and Alexander. Each of you made a contribution.
  I thank the leadership of the Senate who made available this very 
important hour for our bill to be laid down. Now the work begins.

[[Page 27672]]


  Mr. CASEY. Mr. President, I rise to speak about legislation which was 
introduced this morning, America's Climate Security Act. I congratulate 
and commend a number of our colleagues but especially Senators 
Lieberman and Warner for their work on this important legislation that 
slows, stops, and reverses global warming. I also thank Senator Boxer 
for her continued leadership and unwavering commitment to bringing 
global warming legislation to the Senate.
  There are going to be people in this Chamber and other places who 
will find fault with this bill, I am sure. Some will say it goes too 
far. Some will say it doesn't go far enough. But the most important 
thing is that this legislation, America's Climate Security Act, is a 
bipartisan bill. I believe we must have a full and robust debate on 
global warming, and we need to do it now. That is why this bill is so 
important. This legislation is both thoughtful and comprehensive. It is 
what we need to bring global warming to the forefront in American 
policy.
  I personally thank Senators Lieberman and Warner for their 
willingness to work with me on issues critically important to working 
families in Pennsylvania and America. I come from a State with a lot of 
coal and a lot of manufacturing. I believe the future of Pennsylvania 
and the people living there is closely linked to the future of both of 
these industries: Manufacturing overall and coal itself. I believe we 
have a moral obligation to end our contribution to global warming, but 
I am also optimistic that we can do this in a way that protects workers 
and creates manufacturing jobs. Senator Warner and Senator Lieberman 
understand how important this is to bring our workforce with us into 
the new jobs created by greenhouse gas reduction and the programs that 
support that. Both Senators have agreed and have graciously offered to 
work with me to refine a placeholder provision currently in their bill 
that we call the climate change worker assistance program which we 
worked together to draft. I look forward to my continued work with them 
on this program and their legislation. I am proud to say I am an 
original cosponsor.
  Finally, I thank Chelsea Maxwell from Senator Warner's staff and 
David McIntosh from Senator Lieberman's staff for their work with my 
staff, especially Kasey Gillette of my staff, who worked so hard to 
make this possible.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. SANDERS. I also want to say a few words on climate change and the 
issue of global warming. Let me begin by quoting from an op-ed that 
appeared in the Burlington Free Press, my hometown newspaper, on 
October 7, by Bill McKibben, well known as one of the most savvy and 
best known environmental writers in the world. He happens to teach at 
Middlebury College. He said:

       It's not Democrats negotiating with Republicans or 
     environmentalists negotiating with business interests. It's 
     human beings negotiating with chemistry and physics, and 
     chemistry and physics don't really do much in the way of 
     bargaining. Science has told us what we need to do: Cut 
     carbon emissions quickly in the next few years, and keep that 
     pressure on til we've trimmed our emissions at least 80 
     percent by midcentury. No loopholes for vested interests, no 
     hard-to-quantify offset schemes, no giveaways to the 
     utilities. Just a commitment to stop vetoing the laws of 
     nature. That commitment has got to come soon . . .

  The point that Bill McKibben and many other scientists and 
environmentalists have made is, we are up against very serious laws of 
physics. That is what we are dealing with. It is not what I say or what 
anybody else says. It is whether we are going to get a handle on global 
warming. Because if we don't, this planet is going to suffer severe and 
irreparable damage.
  I begin my remarks by thanking Senator Lieberman and Senator Warner 
for their hard work in putting together America's Climate Security Act. 
As a member of that same subcommittee, I look forward to playing an 
active role in strengthening that legislation. I look forward to 
working with them on this issue.
  I also take this opportunity to thank the 18 cosponsors of the 
legislation Senator Boxer and I introduced in January of this year, S. 
309. Those are Senators Akaka, Biden, Cardin, Casey, Clinton, Dodd, 
Durbin, Feingold, Inouye, Kennedy, Klobuchar, Lautenberg, Leahy, 
Menendez, Mikulski, Obama, Reed, and Whitehouse.
  This legislation, S. 309, tackles global warming as best we could 
based on the science. To be more specific, this bill is based on the 
desire to limit the global increase in temperature to no more than 2 
degrees Celsius, and to meet this goal science tells us we must 
stabilize global CO2 concentrations at no higher a level 
than 450 parts per million. This level only provides us, the scientists 
say, with a 50/50 chance of keeping the worst from happening. These 
odds are not great. It is a gamble. If we were cautious and 
conservative about these things, we would err on the side of safety and 
keep the pollution down lower than this level in order to protect the 
one and only world that we have.
  I thank all of the cosponsors of the legislation that Senator Boxer 
and I introduced for standing with science. We should also be clear 
about one other thing. This is a very important point. What the 
scientists are now telling us is, in terms of their projections, in 
terms of their analyses, they have been too conservative. What they are 
now telling us is the problem of global warming and the rapidity of the 
global warming changes is more severe than they had previously 
anticipated. In other words, we have to be even more aggressive, not 
less aggressive, in addressing this major planetary crisis.
  It may well be that the legislation Senator Boxer and I introduced is 
too conservative, but it is for sure that we should be going forward 
and not backward.
  Let me take this opportunity to quote from some of the major 
environmental organizations in terms of what they are saying about the 
legislation introduced today by Senators Lieberman and Warner. I think 
it is best that I read from them rather than giving my views at this 
particular point.
  This is what the U.S. Public Interest Research Group says:

       We applaud Senators Lieberman and Warner for their 
     leadership on global warming. Time is running out to stop the 
     worst effects of global warming, and this bill is an 
     important starting point for action.

  U.S. PIRG then goes on to say:

       To rise to the challenge of global warming, this new bill 
     must be strengthened. Three changes are essential:
       (1) The bill must achieve faster and deeper cuts in 
     pollution, which is what the science demands. The pollution 
     caps in the bill aim to reduce total U.S. global warming 
     emissions by about 11 percent by 2020 and by just over 50 
     percent by 2050.
       Additional, modest reductions may be achieved through other 
     policies in the bill, but those reductions are difficult to 
     quantify and are not guaranteed. According to the current 
     science, the United States must reduce its total global 
     warming emissions by at least 15 percent by 2020 and by at 
     least 80 percent by 2050. In addition, periodic reviews of 
     the bill's scientific adequacy must trigger additional 
     pollution-reduction requirements.
       (2) Flexibility mechanisms in the bill must be tightened to 
     prevent undermining the goals of the bill. The bill currently 
     allows companies to exceed their pollution limits by paying 
     sources not covered by the program to reduce emissions. 
     Ensuring that a ton of pollution from such ``offsets'' equals 
     a ton of real reductions is a major challenge. In addition, 
     offsets delay the transition to cleaner technology that will 
     be needed to achieve deep future cuts in emissions. Under the 
     bill, a company could theoretically meet its entire 2020 
     pollution-reduction requirement through offsets. The number 
     of offset reductions allowed under the bill must be 
     significantly lowered.
       (3) Polluters must be required to pay for every ton of 
     pollution they put into the atmosphere. The bill gives 
     hundreds of billions of dollars to polluters for free, which 
     will create windfall profits, such as has occurred in Europe, 
     and take vital resources away from easing America's 
     transition to a clean energy future. In the United Kingdom 
     alone, windfall profits from emission trading have been 
     estimated at nearly $2 billion. These profits come directly 
     from the pocketbooks of consumers. Under this bill, just 
     under half (49 percent) of the pollution permits would 
     initially be given to polluters for free, and it will take 25 
     years (until 2036) before we stop handing polluters free 
     money.

  That is what U.S. PIRG had to say.
  Let me go to another group, an even better known environmental group, 
and that is the Sierra Club. Let me tell

[[Page 27673]]

you what they said today in their press statement. I quote from the 
Sierra Club:

       The bill is a significant political step forward for the 
     U.S. Congress, but unfortunately the legislation as 
     introduced still falls short from what is demanded by the 
     science and the public to meet the challenge of global 
     warming. This comes even as U.S. states, cities, and counties 
     move forward with ambitious, science-based proposals to 
     tackle the issue. We look forward to working with Senators to 
     seek the additional improvements necessary for the bill to 
     sufficiently address the challenge before us.

  I continue to quote from the Sierra Club:

       At this crucial moment, we must continue to insist on a 
     global warming bill that is committed to scientific integrity 
     and economic fairness. In order to prevent the most 
     catastrophic effects of global warming, we must cut emissions 
     80 percent by 2050--an achievable annual reduction of about 2 
     percent. In order to get the market moving and bring 
     America's clean energy future to life, any bill must start 
     out strong by seeking a short-term reduction on the order of 
     20 percent of total emissions by 2020. Disturbances to the 
     climate have come more quickly and forcefully than even the 
     most pessimistic among us predicted. The Lieberman-Warner 
     bill, as introduced, leaves us in serious danger of reaching 
     the tipping points that scientists tell us could lead to 
     catastrophic changes to the climate.

  Continuing to quote from the Sierra Club statement of today:

       While the bill has moved in the right direction, it gives 
     too many free allowances to polluters for far too long--
     enriching executives and shareholders instead of generating 
     the funds needed to help us meet our emissions goals and 
     ensure a smooth transition to the clean energy economy.

  That is some of the statement from the Sierra Club.
  Let me now quote from another organization, an organization of 
physicians. It is called Physicians for Social Responsibility, a well-
known group. They have also issued a statement today. Let me quote from 
the statement of the Physicians for Social Responsibility:

       Physicians for Social Responsibility appreciates the 
     efforts of Senators Joe Lieberman and John Warner to craft 
     legislation to address global warming but calls on the Senate 
     Environment and Public Works Committee to make necessary 
     improvements before passing the bill.

  It continues:

       The reality of global warming is becoming more apparent 
     every day, and the science is clear as to what action we need 
     to take. In order to prevent this world-wide disaster, we 
     must stabilize atmospheric concentrations of greenhouse 
     gases. And, the U.S. must meet the challenge of starting now 
     and reaching a goal of 80 percent reductions below a 2000 
     baseline. Unfortunately, the bill drafted by Senators 
     Lieberman and Warner will not meet that goal.

  Let me continue quoting from the Physicians for Social 
Responsibility, who, of course, are physicians. This is what they say, 
providing an interesting analogy:

       Physicians for Social Responsibility's approach to this 
     [global warming] is similar to the manner in which a 
     physician treats a patient: what are the symptoms, what are 
     the causes and how do we treat the disease? We would not 
     prescribe half of the needed medication to a patient, and we 
     cannot support a bill that does not fully address the causes 
     of global warming. To protect human health and reverse global 
     warming, we need to begin aggressive treatment right away.

  That is Physicians for Social Responsibility.
  I could sit here and quote from many other press statements or talk 
to my colleagues about the science, but I will not do that. This is 
what I want to say: If we are concerned about the future of this 
planet--I know every Member here is--and the lives and well-being of 
our kids and our grandchildren, not only in this country but all over 
the world, we are going to have to rise up to this issue.
  It is not just a bargain here and a bargain there. Because you can 
have all the bargaining you want, and all the nonpartisanship you want, 
and yet this planet will face catastrophic damage unless we deal with 
the reality of the science. It is not whether we are nice guys or bad 
guys. This is what we are facing. We are facing science. What the 
scientists are telling us is their projections were too conservative. 
The problem is more severe than they had anticipated.
  I note my friend and colleague, Bob Casey of Pennsylvania, made a 
very important point that others have made, which is, as we deal with 
the issue of global warming, let us not forget about the workers who 
are impacted, the consumers who are impacted. Certainly and absolutely 
we must do that. One of the bright aspects, the positive aspects about 
this whole discussion of global warming is if we get our act together--
if, for example, we begin the process of breaking our dependency on the 
automobile and expand our rail system; if, in fact, we produce cars 
that get the kind of mileage we know Detroit can produce--we can grow 
jobs in the transportation area, not see them shrink.
  If we begin to move intelligently toward energy efficiency, if we 
retrofit our homes and our offices and our schools, we can create huge 
numbers of good-paying jobs through the installation and the production 
of the products we need to make this Nation much more energy efficient. 
It is all sitting there waiting to happen. If we have the courage to 
move away from fossil fuel, to move to solar energy, to move to wind, 
to move to other forms of sustainable energy, we can create millions of 
good-paying jobs.
  I would mention to my colleagues that right now out on the Mall--I 
was there last evening--there is a wonderful display of solar homes put 
together by the Solar Decathlon. We have universities from all over the 
United States of America, and from Europe as well, showing us what we 
can do today in making energy-efficient homes and utilizing the 
potential of solar energy. California is making progress. Germany is 
making progress. We are not moving anywhere near the degree to where we 
should be moving.
  Think about the jobs we create when 10 million homes in America have 
photovoltaic units on their rooftops. Think of the energy we produce 
through solar plants in the South and the West and the Southwest of 
this country. Think about what it means when we have small wind 
turbines all over rural America. It is not only moving away from fossil 
fuels, which are destroying the planet, not only moving to clean 
energy, it is creating millions of good-paying jobs.
  We know how to do this. We know how to do it. The technology is there 
today. It will only get better. Our country has to start investing in 
these technologies. We can create the jobs. We can reverse global 
warming.
  I conclude by saying this: I applaud Senator Lieberman and Senator 
Warner. I hope we can work together. But I think we have a distance to 
go to make that legislation better, stronger, more consistent with the 
science that is out there. I look forward to working with all of my 
colleagues to do that.
                                 ______
                                 
      By Mr. FEINGOLD:
  S. 2192. A bill to establish a user fee for follow-up reinspections 
under the Federal Food, Drug, and Cosmetic Act; to the Committee on 
Health, Education, Labor and Pensions.
  Mr. FEINGOLD. Mr. President, today I am introducing a bill that would 
charge a reinspection fee for goods that fail FDA inspection for good 
manufacturing practices. Currently, businesses do not have to pay for 
the second inspection if they fail. Essentially, then, the FDA is 
absorbing this extra cost. This Nation faces difficult enough choices 
without subsidizing private companies that fail basic inspections. I am 
pleased to credit the administration for identifying this proposed 
savings of an estimated $23 million per year in its fiscal year 2008 
budget. Over 5 years, this could save as much as $115 million.
  We must ensure that U.S. taxpayer money is being used efficiently and 
effectively, and this measure would help in our ongoing efforts to 
streamline government programs and reduce the Federal budget deficit. 
FDA Commissioner Andrew von Eschenbach testified about these fees 
before the House Agriculture, Rural Development, and FDA Appropriations 
Subcommittee in 2006. He believes, and I agree, that the reinspection 
fee will motivate businesses to comply with long-established health and 
safety standards. Businesses that do not meet federal standards

[[Page 27674]]

should bear the burden of the reinspection, rather than getting a free 
pass at the taxpayer's expense.
  One of the main reasons I first ran for the U.S. Senate was to 
restore fiscal responsibility to the federal budget. I have worked 
throughout my Senate career to eliminate wasteful spending and to 
reduce the budget deficit. Unless we return to fiscally responsible 
budgeting, Congress will saddle our Nation's younger generations with 
an enormous financial burden for years to come. This bill is one small 
step in that direction.
  I ask unanimous consent the the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2192

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

     SECTION 1. ESTABLISHMENT OF USER FEE FOR FOLLOW-UP 
                   REINSPECTIONS.

       (a) In General.--The Secretary shall assess and collect a 
     user fee from each manufacturer of a food, drug, device, 
     biological product, or animal drug for which a follow-up 
     reinspection is required to ensure correction of a violation, 
     found by the Secretary during initial inspection of the 
     manufacturer, of a Good Manufacturing Practices requirement 
     under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 
     et seq.).
       (b) Payment of Fee.--The user fee required by subsection 
     (a) shall be due from a manufacturer upon the reinspection of 
     the manufacturer as described in subsection (a).
       (c) Amount of User Fee.--The amount of the user fee 
     required under subsection (a) shall be established by the 
     Secretary.
       (d) Definitions.--For purposes of this section--
       (1) the terms ``animal drug'', ``device'', ``drug'', and 
     ``food'' have the meanings given those terms in section 201 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321);
       (2) the term ``biological product'' has the meaning given 
     the term in section 351 of the Public Health Service Act (42 
     U.S.C. 262); and
       (3) the term ``Secretary'' means the Secretary of Health 
     and Human Services.
                                 ______
                                 
      By Mr. AKAKA (for himself and Mrs. Clinton):
  S. 2197. A bill to establish the Federal Labor-Management Partnership 
Council; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. AKAKA. Mr. President, I rise today to introduce the Federal 
Labor-Management Partnership Act of 2007 to restore the labor-
management partnerships and council that were established by President 
Clinton in 1993. I am pleased to be joined in this effort by 
Representative Danny Davis, D-IL, who is introducing companion 
legislation in the House, and Senator Hillary Clinton, who is 
cosponsoring this bill.
  On October 1, 1993, President Bill Clinton signed Executive Order 
12871 establishing a National Partnership Council of Federal agency 
representatives and labor organizations to advise the President on 
matters involving labor-management relations. The Executive Order was 
in response to long-standing labor-management conflicts and the need 
for greater cooperation between labor and management in Government.
  In the early 1990s the Government Accountability Office and others 
identified labor-management partnerships as contributing to increased 
productivity, better customer service, and higher employee 
satisfaction. The Office of Personnel Management, OPM, concurred with 
those findings in 2001. In a the letter to President Clinton 
accompanying the report, then-OPM Director Janice Lachance said, ``The 
evidence shows a real shift toward labor-management cooperation and 
away from the adversarial approach so common in the past. I see a 
strong, consistent desire on both sides of the table to continue on the 
path toward collaborative labor-management relations and no interest in 
returning to the old ways of doing business.''
  Despite the success of the program, President Bush revoked the 
Clinton Executive Order on February 17, 2001, less than one month after 
taking office. Since that time, labor-management relations have 
deteriorated throughout the Federal Government. The new personnel 
systems at the Departments of Defense and Homeland Security, which have 
reduced collective bargaining rights for those employees, have lowered 
employee morale and heightened the adversarial nature of labor-
management relations in the federal government. It has become clear 
that participation in the decision making process through labor-
management partnerships often leads to greater employee understanding 
and acceptance and a smoother transition to the new policy or program. 
As the Clinton Executive Order said, ``Only by changing the nature of 
federal labor-management relations so that managers, employees, and 
employees' elected union representatives serve as partners will it be 
possible to design and implement comprehensive changes necessary to 
reform government.''
  I urge my colleagues to join with me in encouraging labor-management 
partnership and a cooperative solution to resolving Federal workplace 
issues.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2197

       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 Labor-Management 
     Partnership Act of 2007''.

     SEC. 2. FEDERAL LABOR-MANAGEMENT PARTNERSHIP COUNCIL.

       (a) Establishment.--There is established a council to be 
     known as the Federal Labor-Management Partnership Council 
     (hereafter in this Act referred to as the ``Council''). The 
     Council shall be composed of--
       (1) the Director of the Office of Personnel Management;
       (2) the Deputy Director for Management of the Office of 
     Management and Budget;
       (3) a deputy secretary (or other officer with agency-wide 
     authority) from each of 2 agencies not otherwise represented 
     on the Council, who shall be appointed by the President;
       (4) the Chairman of the Federal Labor Relations Authority;
       (5) the Director of the Federal Mediation and Conciliation 
     Service;
       (6) 2 members who shall be appointed by the President to 
     represent the respective labor organizations representing (as 
     exclusive representatives) the first and second largest 
     numbers of Federal employees subject to chapter 71 of title 
     5, United States Code, or any other authority permitting such 
     employees to select an exclusive representative;
       (7) 4 members who shall be appointed by the President to 
     represent labor organizations representing (as exclusive 
     representatives) substantial numbers of Federal employees 
     subject to chapter 71 of title 5, United States Code, or any 
     other authority permitting such employees to select an 
     exclusive representative--
       (A) each of whom shall be selected giving due consideration 
     to such factors as the relative numbers of Federal employees 
     represented by the various organizations; and
       (B) not more than 2 of whom may, at any time, be 
     representatives of the same labor organization or council, 
     federation, alliance, association, or affiliation of labor 
     organizations;
       (8) 1 member who shall be appointed by the President to 
     represent the organization representing the largest number of 
     senior executives; and
       (9) 1 member who shall be appointed by the President to 
     represent the organization representing the largest number of 
     Federal managers.
       (b) Responsibilities and Functions.--The Council shall 
     advise the President on matters involving labor-management 
     relations in the executive branch. Its activities shall 
     include--
       (1) supporting the creation of local labor-management 
     partnership councils that promote partnership efforts in the 
     executive branch;
       (2) collecting and disseminating information about and 
     providing guidance on partnership efforts in the executive 
     branch, including the results of those efforts;
       (3) using the expertise of individuals, both inside and 
     outside the Federal Government, to foster partnership 
     arrangements in the executive branch; and
       (4) proposing statutory changes to improve the civil 
     service to better serve the public and carry out the mission 
     of the various agencies.
       (c) Administration.--
       (1) Chairperson.--The President shall designate a member of 
     the Council who is a full-time Federal employee to serve as 
     the Chairperson. The Council shall meet at the call of the 
     Chairperson or a majority of its members.
       (2) Outside input.--The Council shall seek input from 
     agencies not represented on the Council, particularly smaller 
     agencies. It may also from time to time, in the discretion of 
     the Council, invite experts from the private and public 
     sectors to submit information. The Council shall also seek 
     input from companies, nonprofit organizations,

[[Page 27675]]

     State and local governments, Federal employees, and customers 
     of Federal services, as needed.
       (3) Assistance of the office of personnel management.--To 
     the extent permitted by law and subject to the availability 
     of appropriations, the Director of the Office of Personnel 
     Management shall, upon request, provide such staff, 
     facilities, support, and administrative services to the 
     Council as the Director considers appropriate.
       (4) No compensation.--Members of the Council shall serve 
     without compensation for their work on the Council.
       (5) Cooperation of other agencies.--All agencies shall, to 
     the extent permitted by law, provide to the Council such 
     assistance, information, and advice as the Council may 
     request.
       (d) General Requirements.--
       (1) Reporting to congress.--Any reporting to or appearances 
     before Congress that may be requested or required of the 
     Council shall be made by the Chairperson of the Council.
       (2) Terms of membership.--A member under paragraph (3), 
     (6), (7), (8), or (9) of subsection (a) shall be appointed 
     for a term of 3 years, except that any individual chosen to 
     fill a vacancy under any of those paragraphs shall be 
     appointed for the unexpired term of the member replaced and 
     shall be chosen subject to the same conditions as applied 
     with respect to the original appointment.
       (3) Service after expiration of term.--A member under 
     paragraph (3), (6), (7), (8), or (9) of subsection (a) may 
     serve after the expiration of such member's term until a 
     successor has taken office, but for not more than 60 days 
     after such term expires.
       (4) Not special government employees.--A member who is not 
     otherwise a Federal employee shall not be considered a 
     special Government employee for any purpose.

     SEC. 3. IMPLEMENTATION OF LABOR-MANAGEMENT PARTNERSHIPS 
                   THROUGHOUT THE EXECUTIVE BRANCH.

       The President shall direct the head of each agency which is 
     subject to chapter 71 of title 5, United States Code, or any 
     other authority permitting employees of such agency to select 
     an exclusive representative to take the following actions:
       (1) Create labor-management partnerships by forming labor-
     management committees or councils at appropriate levels, or 
     adapting existing committees or councils if such groups 
     exist.
       (2) Involve employees and employee representatives as full 
     partners with management representatives to improve the civil 
     service to better serve the public and carry out the mission 
     of the agency.
       (3) Provide systemic training of appropriate agency 
     employees (including line managers, first-line supervisors, 
     and labor organization representatives) in consensual methods 
     of dispute resolution, such as alternative dispute resolution 
     techniques and interest-based bargaining approaches.
       (4) Negotiate, at the request of the labor organization, on 
     the subjects set forth in section 7106(b)(1) of title 5, 
     United States Code, and instruct subordinate officials to do 
     the same.
       (5) Evaluate progress and improvements in organizational 
     performance resulting from such labor-management 
     partnerships.

     SEC. 4. DEFINITIONS.

       For purposes of this Act--
       (1) the terms ``agency'' and ``labor organization'' have 
     the meanings set forth in section 7103(a) of title 5, United 
     States Code;
       (2) the term ``Federal employee'' means an employee, as 
     defined by section 7103(a)(2) of title 5, United States Code;
       (3) the term ``Federal manager'' means a management 
     official, as defined by section 7103(a)(11) of title 5, 
     United States Code; and
       (4) the term ``senior executive'' has the meaning given 
     such term by section 3132(a)(3) of title 5, United States 
     Code.
                                 ______
                                 
      By Mr. KERRY:
  S. 2199. A bill to amend the Internal Revenue Code of 1986 to provide 
for the treatment of certain foreign nonqualified deferred 
compensation; to the Committee on Finance.
  Mr. KERRY. Mr. President, today Representative Emanuel and I are 
introducing the Offshore Deferred Compensation Reform Act of 2007 which 
would put an end to the practice of allowing unlimited amounts of 
income to be deferred offshore. Recently, it was brought to our 
attention that U.S. hedge fund managers were deferring millions of 
dollars of compensation offshore. Less generous deferrals have been 
used by corporate executives for years.
  Recent Internal Revenue Service data shows that the richest 
Americans' share of national income has hit a postwar record. The 
wealthiest one percent of Americans earned 21.2 percent of all income 
in 2005. At a time when our personal savings rate has reached a 73-year 
low and CEOs are paid 349 times as much as the average worker and the 
top twenty-five hedge fund managers earned a total of $14 billion in 
2006, we should not be providing a tax advantage to allow income to be 
deferred offshore and invested on a tax-free basis. Low-income and 
middle class families who are struggling are the ones who need tax 
incentives to save for retirement.
  Taxpayers can defer paying taxes immediately on their compensation, 
either through ``qualified'' or ``nonqualified'' deferral arrangements. 
Most taxpayers make qualified deferrals such as contributions to 401(k) 
plans and individual retirement accounts, IRAs. Nonqualified deferred 
compensation arrangements are usually used by senior executives or 
other high-income taxpayers who want to defer amounts in the excess of 
the qualified plan or IRA limits.
  There are no limits on the amount on nonqualified deferred 
compensation that can be deferred. Offshore nonqualified compensation 
arrangements have the potential to be more abusive than similar 
arrangements in the U.S.
  U.S. companies that grant nonqualified deferred compensation to their 
employees are unable to receive a tax deduction equal to the deferred 
compensation until the compensation is paid to the employee. By 
contrast, offshore employers can locate in no-tax jurisdictions, 
provide deferred compensation to their U.S. employees, and suffer no 
economic loss, since the timing of the deduction is not relevant when 
the employer does not have any tax liability. Accordingly, there is a 
preference in the Code for U.S. taxpayers to defer compensation in 
certain offshore jurisdictions: it provides a significant tax benefit, 
without any tax disincentive/disadvantage to their offshore employer.
  There is a fundamental difference between middle class Americans who 
can defer up to $15,500 of income into a 401(k) and $4,000 into their 
IRAs and higher-income taxpayers who can defer unlimited amounts 
offshore. The Offshore Deferred Compensation Reform Act of 2007 would 
eliminate the ability of U.S. taxpayers to defer nonqualified deferred 
compensation in offshore tax havens. Offshore nonqualified deferred 
compensation paid by a foreign corporation will be taxable income when 
there is no substantial risk of forfeiture to the compensation. A 
substantial risk of forfeiture exists where the receipt of compensation 
is conditioned upon the future performance of substantial services in 
order to receive that compensation. Individuals who currently take 
advantage of such tax planning and who wish to make deferrals would be 
limited to making deferrals under qualified arrangements which are 
subject to annual limitations.
  The Offshore Deferred Compensation Reform Act of 2007 is not intended 
to prohibit a foreign deferred compensation arrangement if the foreign 
corporation entering into the arrangement is subject to tax on 
substantially all of its income and denied an immediate deduction for 
compensation that is deferred. For purposes of the legislation, a 
foreign corporation would be any foreign corporation unless 
substantially all of its income effectively connected to a trade or 
business in the U.S. or is subject to an income tax imposed by a 
foreign country that has a comprehensive tax treaty with the U.S., and 
a deduction is allowed for compensation under rules that are 
substantially similar to the way in which the U.S. provides deductions 
for compensation. In addition, the Secretary of the Treasury is given 
authority to determine whether a foreign corporation that operates in a 
country without a formal tax treaty with the U.S. can qualify for the 
exemption.
  There are many different ways to structure an offshore deferral 
arrangement. A prototypical structure would be an executive who elects 
to defer his or her year-end bonus in an offshore investment fund for a 
period of time, typically, 5 to 10 years. The bonus and any associated 
earnings would not be taxable until the end of the term of the 
arrangement, assuming it complies with the Code Section 409A 
requirements. This legislation only affects compensation which is 
earned, vested, and deferred after 2007.

[[Page 27676]]

  The Offshore Deferred Compensation Act of 2007 only addresses 
offshore nonqualified deferred compensation because these arrangements 
have the potential to be more abusive than onshore arrangements. This 
does meant that I believe that we should not continue to look at 
limiting all nonqualified deferred compensation. I will continue to 
work with the Finance Committee on this issue.
  This legislation will put an end to offshore deferral arrangements 
being used as unlimited IRAs. I look forward to working will my 
colleagues to address this issue.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2199

       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 ``Offshore Deferred 
     Compensation Reform Act of 2007''.

     SEC. 2. SPECIAL RULE FOR CERTAIN FOREIGN NONQUALIFIED 
                   DEFERRED COMPENSATION.

       (a) In General.--Subpart B of part II of subchapter E of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     taxable year for which items of gross income included) is 
     amended by inserting after section 457 the following new 
     section:

     ``SEC. 457A. CERTAIN FOREIGN NONQUALIFIED DEFERRED 
                   COMPENSATION.

       ``(a) In General.--Any compensation which is deferred under 
     a nonqualified deferred compensation plan (within the meaning 
     of section 409A(d)) of a nonqualified foreign corporation is 
     includible in gross income for purposes of this chapter when 
     there is no substantial risk of forfeiture of the rights to 
     such amount.
       ``(b) Nonqualified Foreign Corporation.--For purposes of 
     this section, the term `nonqualified foreign corporation' 
     means any foreign corporation unless substantially all of the 
     income of such corporation--
       ``(1) is effectively connected with the conduct of a trade 
     or business in the United States, or
       ``(2) is subject to an income tax imposed by a foreign 
     country, but only if--
       ``(A)(i) such corporation is eligible for benefits of a 
     comprehensive income tax treaty which such country has with 
     the United States which the Secretary determines is 
     satisfactory for purposes of this section and which includes 
     an exchange of information program, or
       ``(ii) the Secretary determines that such income tax is a 
     comprehensive income tax satisfactory for purposes of this 
     section, and
       ``(B) a deduction is allowed for compensation described in 
     subsection (a) under rules substantially similar to the rules 
     of this title.
       ``(c) Application of Certain Rules.--Rules similar to the 
     rules of paragraphs (4), (5), and (6) of section 409A(d) 
     shall apply for purposes of this section.
       ``(d) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this section, including regulations 
     disregarding a substantial risk of forfeiture in cases where 
     necessary to carry out the purposes of this section.''.
       (b) Clerical Amendment.--The table of sections of subpart B 
     of part II of subchapter E of chapter 1 of such Code is 
     amended by inserting after the item relating to section 457 
     the following new item:

``Sec. 457A. Certain foreign nonqualified deferred compensation.''.

       (c) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to amounts deferred in taxable years beginning after 
     December 31, 2007.
       (2) Earnings.--The amendments made by this section shall 
     apply to earnings on deferred compensation only to the extent 
     that such amendments apply to such compensation.
                                 ______
                                 
      By Mr. CONRAD (for himself, Mr. Johnson, and Mr. Tester):
  S. 2200. A bill to authorize the use of Federal funds for flexible 
financing of Indian tribal municipal, rural, and industrial water 
system construction projects by certain federally recognized Indian 
tribes; to the Committee on Indian Affairs.
  Mr. CONRAD. Mr. President, there are still parts of this country 
where having access to a clean, reliable water supply is not 
guaranteed. Believe it or not, there are still places, many of which 
are on Indian reservations, where individuals must haul their daily 
water for drinking, cooking, and cleaning.
  Over the years, Congress has authorized several municipal, rural and 
industrial water supply projects for tribes; however, funding for those 
projects has lagged significantly. This, coupled with construction 
costs that are increasing on average about 10 percent a year, makes it 
difficult for tribes to assemble cost-effective bid packages to get 
these projects built in a reasonable time frame. As a result, many of 
the projects have stalled or have yet to be built.
  One mechanism to address this dilemma would be to allow tribes to 
utilize flexible financing to construct these vital projects. Under 
this option, tribes could issue tax exempt bonds or enter into other 
loans to construct these projects now, and then utilize Federal 
appropriations to pay financing costs over time. This concept has been 
launched in the Indian Reservation Roads IRR, program, which has become 
a model for financing tribal infrastructure projects. The Standing Rock 
Sioux Tribe in my State was the leader in securing the initial 
agreement in the IRR program. This agreement has allowed the tribe to 
undertake a major road construction project and complete it in a few 
short years. Without this flexibility, the project would have taken 
upwards of 20 years and $27 million more to complete, according to the 
tribe's analysis.
  A Department of Interior administrative ruling issued on December 22, 
2005, held that debt financing is an allowable use of Federal funds 
under a tribe's self-determination agreement if the debt instrument is 
used to pay for valid water construction costs. Unfortunately, this 
ruling applied to only one tribe. The legislation I am introducing 
today would affirm the ruling for all tribes, making them eligible for 
reimbursement of such financing costs. This will provide tribes with 
the necessary flexibility to get their projects built now as opposed to 
having construction drag out for years, which will only increase the 
costs to the Federal Government and delay the delivery of safe, clean 
drinking water to many.
  We have a trust obligation to meet the needs of Indian tribes. 
Ensuring a safe, reliable water supply is part of this obligation. In 
the 21st century, no home in this country should be without access to 
quality water.
  I am pleased that Senators Johnson and Tester are original 
cosponsors, and I urge my colleagues to support this important 
legislation.
                                 ______
                                 
      By Mr. COLEMAN:
  S. 2201. A bill to provide for the penalty-free use of retirement 
funds for mortgage delinquency relief; to the Committee on Finance.
  Mr. COLEMAN. Mr. President, I rise today to introduce the Home 
Ownership Mortgage Emergency Act, HOME Act, with my good friend Senator 
Martinez.
  This bill seeks to provide a measure of relief to those homeowners 
who are having troubles meeting their mortgage payments and as a result 
are facing the prospect of having their homes foreclosed.
  As a former Mayor, I know the value and importance homeownership has 
on our communities. Housing is after all one of the foundational assets 
of our society. Policies encouraging homeownership is a good thing, not 
just for our communities but also for first-time homebuyers who through 
homeownership can be a part of the ownership society.
  Over the years, we made great progress as the homeownership rate has 
increased from 64 percent in 1994 to 69 percent in 2006. That is why I 
am very troubled by the significant increase in the number of 
foreclosures that have occurred already and the projections of worse to 
come, as a record number of adjustable rate mortgages are due to reset 
in the months ahead, putting an increasing number of homeowners at 
serious risk of losing their homes. According to one estimate, $515 
billion in adjustable rate mortgages are due to reset this year and 
$680 billion next year.
  To underscore the seriousness of the situation, Mr. President, just 
consider these sobering figures. My State ranks 4th in the Nation in 
terms of the percentage of subprime mortgages in foreclosures, and 
currently 17 percent of

[[Page 27677]]

subprime adjustable rate mortgages are past due. More generally, the 
number of foreclosures has increased 183 percent in the last year. 
Nationally, foreclosures have almost doubled in the last year, and more 
than 14.5 percent of subprime mortgages are past due.
  While there is no one single solution to the housing crisis, there 
are a number of reasonable, measured efforts we can undertake that can 
help folks stay in their homes in these difficult times. To that end, I 
am introducing the HOME Act, which would allow low-to-middle income 
homeowners penalty-free access to their retirement savings and allow 
tax free distributions from their retirement savings so as long as the 
withdrawals are paid back to the retirement accounts.
  More specifically, my bill would allow homeowners who are 60 days 
late in their mortgage payments to withdraw penalty-free up to $100,000 
through 2009 to be used to refinance into an affordable mortgage or 
avoid foreclosure. Except for very limited cases, a 10 percent penalty 
is applied to early retirement distributions. As the tax code currently 
waives this penalty for distributions from Individual Retirement 
Accounts for first-time home purchases, I think it is only fair that we 
waive this penalty for those who want to keep their homes.
  Bottom-line, this bill is about helping homeowners help themselves. 
While the 10 percent penalty is well-intentioned in that we want people 
to avoid using their retirement savings during their working years, 
times like these require us to recognize that sometimes such rules can 
be counterproductive. Both on a homeowner level and on a community 
level, I believe that it makes sense to enable those, who can, to keep 
their homes. Ultimately it is up to the homeowner to decide whether it 
makes financial sense to turn to their retirement savings to keep their 
homes. At the very least however, for those who do decide to do so, we 
should not penalize them for trying to keep a roof over their heads and 
wanting to remain a part of the community they have called home.
  I urge my colleagues to support this measure as we seek to help out 
homeowners in trouble.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2201

       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 ``Home Ownership Mortgage 
     Emergency Act'' or the ``HOME Act''.

     SEC. 2. TAX-FAVORED WITHDRAWALS FROM RETIREMENT PLANS FOR 
                   MORTGAGE DELINQUENCY RELIEF.

       (a) In General.--Section 72(t) of the Internal Revenue Code 
     of 1986 shall not apply to any qualified mortgage delinquency 
     relief distribution.
       (b) Aggregate Dollar Limitation.--
       (1) In general.--For purposes of this section, the 
     aggregate amount of distributions received by an individual 
     which may be treated as qualified mortgage delinquency relief 
     distributions for any taxable year shall not exceed the 
     excess (if any) of--
       (A) $100,000, over
       (B) the aggregate amounts treated as qualified mortgage 
     delinquency relief distributions received by such individual 
     for all prior taxable years.
       (2) Treatment of plan distributions.--If a distribution to 
     an individual would (without regard to paragraph (1)) be a 
     qualified mortgage delinquency relief distribution, a plan 
     shall not be treated as violating any requirement of the 
     Internal Revenue Code of 1986 merely because the plan treats 
     such distribution as a qualified mortgage delinquency relief 
     distribution, unless the aggregate amount of such 
     distributions from all plans maintained by the employer (and 
     any member of any controlled group which includes the 
     employer) to such individual exceeds $100,000.
       (3) Controlled group.--For purposes of paragraph (2), the 
     term ``controlled group'' means any group treated as a single 
     employer under subsection (b), (c), (m), or (o) of section 
     414 of such Code.
       (c) Amount Distributed May Be Repaid.--
       (1) In general.--Any individual who receives a qualified 
     mortgage delinquency relief distribution may, at any time 
     during the 3-year period beginning on the day after the date 
     on which such distribution was received, make one or more 
     contributions in an aggregate amount not to exceed the amount 
     of such distribution to an eligible retirement plan of which 
     such individual is a beneficiary and to which a rollover 
     contribution of such distribution could be made under section 
     402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of the 
     Internal Revenue Code of 1986, as the case may be.
       (2) Treatment of repayments of distributions from eligible 
     retirement plans other than iras.--For purposes of such Code, 
     if a contribution is made pursuant to paragraph (1) with 
     respect to a qualified mortgage delinquency relief 
     distribution from an eligible retirement plan other than an 
     individual retirement plan, then the taxpayer shall, to the 
     extent of the amount of the contribution, be treated as 
     having received the qualified mortgage delinquency relief 
     distribution in an eligible rollover distribution (as defined 
     in section 402(c)(4) of such Code) and as having transferred 
     the amount to the eligible retirement plan in a direct 
     trustee to trustee transfer within 60 days of the 
     distribution.
       (3) Treatment of repayments for distributions from iras.--
     For purposes of such Code, if a contribution is made pursuant 
     to paragraph (1) with respect to a qualified mortgage 
     delinquency relief distribution from an individual retirement 
     plan (as defined by section 7701(a)(37) of such Code), then, 
     to the extent of the amount of the contribution, the 
     qualified mortgage delinquency relief distribution shall be 
     treated as a distribution described in section 408(d)(3) of 
     such Code and as having been transferred to the eligible 
     retirement plan in a direct trustee to trustee transfer 
     within 60 days of the distribution.
       (d) Definitions.--For purposes of this section--
       (1) Qualified mortgage delinquency relief distribution.--
     Except as provided in subsection (b), the term ``qualified 
     mortgage delinquency relief distribution'' means any 
     distribution from an eligible retirement plan made on or 
     after the date of the enactment of this Act and before 
     January 1, 2010, to an individual--
       (A) whose acquisition indebtedness (as defined in section 
     163(h)(3)(B) of the Internal Revenue Code of 1986, without 
     regard to clause (i) thereof) with respect to the principal 
     residence of the taxpayer is in delinquency for at least 60 
     days, and
       (B) whose adjusted gross income (as defined in section 62 
     of the such Code) for the taxable year of such distribution 
     does not exceed $114,000 ($166,000 in the case of a joint 
     return under section 6013 of such Code).
       (2) Eligible retirement plan.--The term ``eligible 
     retirement plan'' shall have the meaning given such term by 
     section 402(c)(8)(B) of such Code.
       (3) Principal residence.--The term ``principal residence'' 
     has the same meaning as when used in section 121 of such 
     Code.
       (e) Income Inclusion Spread Over 3 Year Period for 
     Qualified Mortgage Delinquency Relief Distributions.--
       (1) In general.--In the case of any qualified mortgage 
     delinquency relief distribution, unless the taxpayer elects 
     not to have this subsection apply for any taxable year, any 
     amount required to be included in gross income for such 
     taxable year shall be so included ratably over the 3-taxable 
     year period beginning with such taxable year.
       (2) Special rule.--For purposes of paragraph (1), rules 
     similar to the rules of subparagraph (E) of section 
     408A(d)(3) of the Internal Revenue Code of 1986 shall apply.
       (f) Special Rules.--
       (1) Exemption of distributions from trustee to trustee 
     transfer and withholding rules.--For purposes of sections 
     401(a)(31), 402(f), and 3405 of the Internal Revenue Code of 
     1986, qualified mortgage delinquency relief distributions 
     shall not be treated as eligible rollover distributions.
       (2) Qualified mortgage delinquency relief distributions 
     treated as meeting plan distribution requirements.--For 
     purposes of such Code, a qualified mortgage delinquency 
     relief distribution shall be treated as meeting the 
     requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 
     403(b)(11), and 457(d)(1)(A) of such Code.
       (g) Provisions Relating to Plan Amendments.--
       (1) In general.--If this subsection applies to any 
     amendment to any plan or annuity contract, such plan or 
     contract shall be treated as being operated in accordance 
     with the terms of the plan during the period described in 
     paragraph (2)(B)(i).
       (2) Amendments to which subsection applies.--
       (A) In general.--This subsection shall apply to any 
     amendment to any plan or annuity contract which is made--
       (i) pursuant to any amendment made by this section, or 
     pursuant to any regulation issued by the Secretary of the 
     Treasury or the Secretary of Labor under this section, and
       (ii) on or before the last day of the first plan year 
     beginning on or after January 1, 2010, or such later date as 
     the Secretary of the Treasury may prescribe.

     In the case of a governmental plan (as defined in section 
     414(d) of the Internal Revenue Code of 1986), clause (ii) 
     shall be applied

[[Page 27678]]

     by substituting the date which is 2 years after the date 
     otherwise applied under clause (ii).
       (B) Conditions.--This subsection shall not apply to any 
     amendment unless--
       (i) during the period--

       (I) beginning on the date the legislative or regulatory 
     amendment described in subparagraph (A)(i) takes effect (or 
     in the case of a plan or contract amendment not required by 
     such legislative or regulatory amendment, the effective date 
     specified by the plan), and
       (II) ending on the date described in subparagraph (A)(ii) 
     (or, if earlier, the date the plan or contract amendment is 
     adopted),

     the plan or contract is operated as if such plan or contract 
     amendment were in effect; and
       (ii) such plan or contract amendment applies retroactively 
     for such period.
                                 ______
                                 
      By Mr. WHITEHOUSE (for himself and Mrs. Boxer):
  2204. A bill to assist wildlife populations and wildlife habitats in 
adapting to and surviving the effects of global warming, and for other 
purposes; to the Committee on Environment and Public Works.
  Mr. WHITEHOUSE. Mr. President, I rise today to discuss the very real 
and serious issue of global climate change, and specifically our 
efforts to help America's fish and wildlife, public lands, and oceans 
adapt to and survive global warming.
  I am aware that there remain some in this country, and even in this 
chamber, who choose to reject the overwhelming scientific evidence that 
global warming is occurring today, and will worsen severely if nothing 
is done. For years, Congress and the Bush administration have delayed 
the implementation of swift and aggressive measures to reduce our 
greenhouse gas emissions. We can delay no longer. But as we work to 
mitigate the causes of global warming, we must also take urgent action 
to address its effects.
  Climate change can have a devastating impact not only on the 
environment, but on the living things that depend on it. The early 
warning signs of climate change--taking place not just in the far 
reaches of the Arctic but also right in our own backyards--have shown 
that the world's wildlife is particularly vulnerable.
  In Rhode Island's Narragansett Bay, the state's most distinctive 
ecological feature, the gradually-warming water temperature has 
contributed to a significant ecosystem shift. This warming has already 
resulted in a documented increase in ocean temperatures, leading to 
massive fish kills, like we experienced in Greenwich Bay in the summer 
of 2003, and other ecological damage.
  The changing environment in the Bay has had a broad and significant 
impact on fish and shellfish. Cold water species, such as winter 
flounder, that were once abundant in the Bay and had a high commercial 
value have been replaced by warmer water species, such as scup, that 
have a lower value. This has happened in just the past 20 years--a 
frighteningly quick timeline and apparently not what Nature intended. 
The shift in species has serious implications for Rhode Island's 
fishermen, whose work has been part of our State's economy for 
generations.
  When I recently traveled to Greenland to witness firsthand the most 
severe and visible effects of climate change, one of the most striking 
of these was global warming's impact on Greenland's population of polar 
bears. The Greenland ice cap is melting at a rate never before seen in 
documented history. Melting sea ice and glaciers there and in other 
parts of the Arctic are gradually raising sea levels around the world, 
shrinking polar bears' habitats and bringing them into increasing 
contact with humans. In some cases, we were told, villagers have been 
forced to shoot polar bears with their cubs forced into populated areas 
in search of food.
  Global warming represents the single greatest threat to our natural 
environment and wildlife, and we must act decisively if we are to avoid 
disaster.
  America's ocean and terrestrial wildlife is a fundamental part of our 
national heritage, and conservation of our wildlife is a core value 
shared by all Americans. Climate change is directly related to the 
species decline we have experienced over the last two decades, both on 
land and in our waters. The combined impact of climate change, loss of 
habitat due to development pressures, and exploitation of our natural 
resources threatens to drive many species over the brink to permanent 
extinction.
  Today, I am introducing legislation that will help bolster our oceans 
and wildlife against one of the most significant of these pressures--
that of global climate change.
  The Global Warming Wildlife Survival Act represents the first 
comprehensive approach to mitigate the impact of climate change on 
America's wildlife, oceans, and other natural systems. I am proud and 
pleased to have the distinguished chair of the Environment and Public 
Works Committee, Senator Boxer, join me as an original cosponsor of 
this bill.
  The bill has three primary goals: first, it will create a coordinated 
national strategy, based on sound science, to guide Federal, State, and 
local agency actions to address global warming's threat to our oceans 
and wildlife. The Secretary of Interior will develop a national 
strategy for managing terrestrial wildlife and the habitats they depend 
on, and the Secretary of Commerce will develop a national strategy for 
our oceans, coastal, and great lakes ecosystems. Both Secretaries will 
consult with other affected federal agencies, States, tribes, local 
governments, conservation organizations, and other stakeholders to 
develop the strategy.
  Second, the bill will support improved science capacity for Federal 
agencies to respond to global warming, including the establishment of a 
National Global Warming and Wildlife Science Center in the U.S. 
Geological Survey for terrestrial wildlife and a comparable Science 
Advisory Board within the Department of Commerce to provide scientific 
and technical advice to respond to the impacts of global warming on 
ocean and coastal ecosystems.
  Finally, the bill directs that funding for implementation of the 
national strategy be allocated in a balanced, strategic, and efficient 
way to the Federal programs, States, and tribal agencies charged with 
carrying out the national strategy.
  The impact of climate change on our oceans and wildlife is an issue 
too important to ignore. Human activity has caused climate change and 
we must be responsible for solving it. We have an obligation to our 
children and grandchildren to leave behind a natural environment as 
good, and we would hope and pray better, than the one we inherited. 
Preserving America's wildlife and oceans so that the next generation 
can enjoy an unspoiled natural environment, and our many traditions of 
hunting, fishing and other outdoor recreation, is a responsibility we 
must uphold.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2204

       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 ``Global 
     Warming Wildlife Survival Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:
       Sec. 1. Short title; table of contents.
       Sec. 2. Definitions.

            TITLE I--NATURAL RESOURCES AND WILDLIFE PROGRAMS

       Sec. 101. Definitions.

         Subtitle A--National Policy and Strategy for Wildlife

       Sec. 111. National policy on wildlife and global warming.
       Sec. 112. National strategy.
       Sec. 113. Advisory Board; National Global Warming and 
           Wildlife Science Center.
       Sec. 114. Authorization of appropriations.

          Subtitle B--State and Tribal Wildlife Grants Program

       Sec. 121. State and tribal wildlife grants program.

[[Page 27679]]



                        TITLE II--OCEAN PROGRAMS

       Sec. 201. Short title.
       Sec. 202. Findings.

    Subtitle A--National Policy for Ocean, Coastal, and Great Lakes 
                    Ecosystem Health and Resiliency

       Sec. 211. National policy on ocean, coastal, and great 
           lakes ecosystem health and resiliency.
       Sec. 212. National ocean, coastal, and Great Lakes 
           resiliency strategy.
       Sec. 213. Advisory Board.
       Sec. 214. Implementation of national strategy.
       Sec. 215. Reports.
       Sec. 216. Authorization of appropriations.

        Subtitle B--Planning for Climate Change in Coastal Zone

       Sec. 221. Planning for climate change in coastal zone.

             TITLE III--SPECIAL IMPERILED SPECIES PROGRAMS

       Sec. 301. Definitions.
       Sec. 302. Regional ecological symposia.
       Sec. 303. National Academy of Sciences report.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Ecological processes.--
       (A) In general.--The term ``ecological processes'' means 
     the biological, chemical, and physical interactions between 
     the biotic and abiotic components of an ecosystem.
       (B) Inclusions.--The term ``ecological processes'' 
     includes--
       (i) nutrient cycling;
       (ii) pollination;
       (iii) predator-prey relationships;
       (iv) soil formation;
       (v) gene flow;
       (vi) hydrologic cycling;
       (vii) decomposition; and
       (viii) disturbance regimes, such as fire and flooding.
       (2) Habitat.--
       (A) In general.--The term ``habitat'' means the physical, 
     chemical, and biological properties that are used by wildlife 
     for growth, reproduction, and survival.
       (B) Inclusions.--The term ``habitat'' includes aquatic and 
     terrestrial plant communities, food, water, cover, and space 
     on a tract of land, in a body of water, or in an area or 
     region.
       (3) 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).
       (4) Wildlife.--The term ``wildlife'' means--
       (A) any species of wild, free-ranging fauna, including fish 
     and other aquatic species; and
       (B) any fauna in a captive breeding program the object of 
     which is to reintroduce individuals of a depleted indigenous 
     species into previously occupied range.

            TITLE I--NATURAL RESOURCES AND WILDLIFE PROGRAMS

     SEC. 101. DEFINITIONS.

       In this title:
       (1) Advisory board.--The term ``Advisory Board'' means the 
     Advisory Board established under section 113(a).
       (2) Habitat linkage.--The term ``habitat linkage'' means an 
     area that--
       (A) connects wildlife habitat or potential wildlife 
     habitat; and
       (B) facilitates the ability of wildlife to move within a 
     landscape in response to the effects of global warming.
       (3) National strategy.--The term ``national strategy'' 
     means the national strategy established under section 112.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

         Subtitle A--National Policy and Strategy for Wildlife

     SEC. 111. NATIONAL POLICY ON WILDLIFE AND GLOBAL WARMING.

       It is the policy of the Federal Government, in cooperation 
     with State, tribal, and affected local governments, other 
     concerned public and private organizations, landowners, and 
     citizens to use all practicable means and measures--
       (1) to assist wildlife populations and wildlife habitats in 
     adapting to and surviving the effects of global warming; and
       (2) to ensure the persistence and resilience of the 
     wildlife of the United States, together with wildlife 
     habitat, as an essential part of the culture, landscape, and 
     natural resources of the United States.

     SEC. 112. NATIONAL STRATEGY.

       (a) Requirement.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall implement the 
     national policy under section 111 by establishing a national 
     strategy for assisting wildlife populations and wildlife 
     habitats in adapting to the impact of global warming.
       (2) Administration.--In establishing the national strategy, 
     the Secretary shall--
       (A) base the national strategy on the best available 
     science, as provided by the Advisory Board;
       (B) develop the national strategy in cooperation with State 
     fish and wildlife agencies and Indian tribes;
       (C) consult with--
       (i) the Secretary of Agriculture;
       (ii) the Secretary of Commerce;
       (iii) the Administrator of the Environmental Protection 
     Agency;
       (iv) local governments;
       (v) conservation organizations;
       (vi) scientists; and
       (vii) other interested stakeholders; and
       (D) provide public notice and opportunity for comment.
       (b) Contents.--
       (1) In general.--The Secretary shall include in the 
     national strategy prioritized goals and measures and a plan 
     for implementation (including a timeframe)--
       (A) to identify and monitor wildlife populations, including 
     game species, that are likely to be adversely affected by 
     global warming, with particular emphasis on wildlife 
     populations with the greatest need for conservation;
       (B) to identify and monitor coastal, marine, terrestrial, 
     and fresh water habitats that are at the greatest risk of 
     being damaged by global warming;
       (C) assist species in adapting to the impact of global 
     warming;
       (D) protect, acquire, and restore wildlife habitat to build 
     resilience to global warming;
       (E) provide habitat linkages and corridors to facilitate 
     wildlife movements in response to global warming;
       (F) restore and protect ecological processes that sustain 
     wildlife populations that are vulnerable to global warming; 
     and
       (G) incorporate consideration of climate change in, and 
     integrate climate change adaptation strategies for wildlife 
     and wildlife habitat into, the planning and management of 
     Federal land administered by the Department of the Interior 
     and land administered by the Forest Service.
       (2) Coordination with other plans.--In developing the 
     national strategy, the Secretary shall, to the maximum extent 
     practicable--
       (A) take into consideration research and information 
     contained in--
       (i) State comprehensive wildlife conservation plans;
       (ii) the North American Waterfowl Management Plan;
       (iii) the National Fish Habitat Action Plan; and
       (iv) other relevant plans; and
       (B) coordinate and integrate, to the extent consistent with 
     the policy established under section 111, the goals and 
     measures identified in the national strategy with goals and 
     measures identified in those plans.
       (c) Revisions.--Not later than 5 years after the date of 
     the initial establishment of the national strategy and every 
     10 years thereafter, the Secretary shall revise the national 
     strategy to reflect--
       (1) new information on the impact of global warming on 
     wildlife and wildlife habitat; and
       (2) advances in the development of strategies for adapting 
     to or mitigating the impact.
       (d) Implementation.--
       (1) Implementation on federal land systems.--To achieve the 
     goals of the national strategy and to implement measures for 
     the conservation of wildlife and wildlife habitat identified 
     in the national strategy--
       (A) the Secretary of the Interior shall exercise the 
     authority of the Secretary under this title and other laws 
     within the jurisdiction of the Secretary pertaining to the 
     administration of land; and
       (B) the Secretary of Agriculture shall exercise the 
     authority of the Secretary of Agriculture under this title 
     and other laws within the jurisdiction of the Secretary 
     pertaining to the administration of land.
       (2) Wildlife conservation programs.--To the maximum extent 
     practicable, the Secretary, the Secretary of Agriculture, and 
     the Secretary of Commerce shall use the authorities of the 
     respective Secretary under other laws to achieve the goals of 
     the national strategy.
       (e) Limitation on Effect.--Nothing in this section creates 
     new authority or expands any existing authority for the 
     Secretary to regulate the use of private property.

     SEC. 113. ADVISORY BOARD; NATIONAL GLOBAL WARMING AND 
                   WILDLIFE SCIENCE CENTER.

       (a) Advisory Board.--
       (1) In general.--The Secretary shall establish and appoint 
     the members of an Advisory Board that is composed of--
       (A) not less than 10, and not more than 20, members 
     recommended by the President of the National Academy of 
     Sciences with expertise in wildlife biology, ecology, climate 
     change, and other relevant disciplines; and
       (B) the Director of the National Global Warming and 
     Wildlife Science Center established under subsection (b), who 
     shall be an ex officio member of the Advisory Board.
       (2) Functions.--The Advisory Board shall--
       (A) provide scientific and technical advice and 
     recommendations to the Secretary on--
       (i) the impact of global warming on wildlife and wildlife 
     habitat;
       (ii) areas of habitat of particular importance for the 
     conservation of wildlife populations affected by global 
     warming; and
       (iii) strategies and mechanisms to assist wildlife 
     populations and wildlife habitats in adapting to the impact 
     of global warming on the management of Federal land and in 
     other Federal programs for wildlife conservation;
       (B) advise the National Global Warming and Wildlife Science 
     Center established

[[Page 27680]]

     under subsection (b) and review the research programs of the 
     Center; and
       (C) advise the Secretary regarding the best science 
     available for purposes of developing and revising the 
     national strategy established under section 112.
       (3) Public availability.--The advice and recommendations of 
     the Advisory Board shall be available to the public.
       (b) National Global Warming and Wildlife Science Center.--
       (1) In general.--The Secretary shall establish a National 
     Global Warming and Wildlife Science Center within the United 
     States Geological Survey.
       (2) Director.--The Center shall be headed by a Director, 
     appointed by the Secretary.
       (3) Functions.--The Center shall--
       (A) conduct scientific research on national issues relating 
     to the impact of global warming on wildlife and wildlife 
     habitat and mechanisms for adaptation to, mitigation of, or 
     prevention of the impact;
       (B) consult with and advise Federal land management 
     agencies and Federal wildlife agencies on--
       (i) the impact of global warming on wildlife and wildlife 
     habitat and mechanisms for adaptation to or mitigation of the 
     impact; and
       (ii) the incorporation of information regarding the impact 
     and the adoption of mechanisms for adaptation or mitigation 
     of the impact in the management and planning for Federal land 
     and in the administration of Federal wildlife programs; and
       (C) consult and, to the maximum extent practicable, 
     collaborate with State and local agencies, institutions of 
     higher education, and other public and private entities 
     regarding research, monitoring, and other efforts to address 
     the impact of global warming on wildlife and wildlife 
     habitat.
       (4) Integration with other federal activities.--The 
     Secretary, the Secretary of Agriculture, and the Secretary of 
     Commerce shall ensure that research and other activities 
     carried out under this section are integrated with climate 
     change program research and activities carried out under 
     other Federal law.
       (c) Detection of Changes.--The Secretary, the Secretary of 
     Agriculture, and the Secretary of Commerce shall use existing 
     authorities to each carry out programs to detect changes in 
     wildlife abundance, distribution, and behavior related to 
     global warming, including--
       (1) conducting species inventories on Federal land and in 
     marine areas within the exclusive economic zone of the United 
     States; and
       (2) establishing and implementing robust, coordinated 
     monitoring programs.

     SEC. 114. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     such sums as are necessary to carry out this subtitle.
       (b) Implementation of National Strategy.--Of the amount 
     that is made available to carry out this subtitle for each 
     fiscal year--
       (1) 45 percent of the amount shall be made available to 
     Federal agencies to develop and implement the national 
     strategy established under section 112 in the administration 
     of Federal land systems, of which not less than--
       (A) 35 percent shall be allocated to the Department of the 
     Interior--
       (i) to operate the National Global Warming and Wildlife 
     Science Center established under section 113(b); and
       (ii) to carry out the policy established under section 111, 
     and implement the national strategy, in the administration 
     of--

       (I) the National Park System;
       (II) the National Wildlife Refuge System; and
       (III) public land of the Bureau of Land Management; and

       (B) 10 percent shall be allocated to the Department of 
     Agriculture to carry out the policy established under section 
     111, and implement the national strategy, in the 
     administration of the National Forest System;
       (2) 25 percent of the amount shall be made available to 
     Federal agencies to carry out the policy established under 
     section 111, and to implement the national strategy, in the 
     administration of fish and wildlife programs (other than for 
     the operation and maintenance of Federal land), of which--
       (A) 10 percent shall be allocated to the Department of the 
     Interior to carry out endangered species, migratory bird, and 
     other fish and wildlife programs administered by the United 
     States Fish and Wildlife Service, other than operations and 
     maintenance of the National Wildlife Refuges; and
       (B) 15 percent shall be allocated to the Department of the 
     Interior to implement or fund activities that assist wildlife 
     and wildlife habitat in adapting to the impact of global 
     warming under applicable cooperative grant programs, 
     including--
       (i) grants from the cooperative endangered species 
     conservation fund established under section 6(i) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1535(i));
       (ii) Private Stewardship Grants;
       (iii) grants from the North American Wetlands Conservation 
     Act (16 U.S.C. 4401 et seq.);
       (iv) grants from the multinational species conservation 
     fund established under the heading ``multinational species 
     conservation fund'' of title I of the Department of the 
     Interior and Related Agencies Appropriations Act, 1999 (16 
     U.S.C. 4246);
       (v) grants from the Neotropical Migratory Bird Conservation 
     Fund established by section 9(a) of the Neotropical Migratory 
     Bird Conservation Act (16 U.S.C. 6108(a)); and
       (vi) grants under the National Fish Habitat Action Plan; 
     and
       (3) 30 percent of the amount shall be made available for 
     grants to States and Indian tribes through the State and 
     tribal wildlife grants program authorized under section 121--
       (A) to carry out activities that assist wildlife and 
     wildlife habitat in adapting to the impact of global warming 
     in accordance with State comprehensive wildlife conservation 
     plans developed and approved under the program; and
       (B) to revise or supplement existing State comprehensive 
     wildlife conservation plans as necessary to include specific 
     strategies for assisting wildlife and wildlife habitat in 
     adapting to the impact of global warming.
       (c) Availability to States and Indian Tribes.--
       (1) In general.--Subject to paragraphs (2) and (3), funding 
     under this section may be made available to States and Indian 
     tribes in accordance with this section.
       (2) Initial 5-year period.--During the 5-year period 
     beginning on the date of enactment of this Act, a State shall 
     not be eligible to receive funds under this section unless 
     the head of the wildlife agency of the State has--
       (A) approved, and provided to the Secretary, an express 
     strategy to assist wildlife populations in adapting to the 
     impact of global warming in the State; and
       (B) incorporated the strategy as a supplement to the 
     comprehensive wildlife conservation plan of the State.
       (3) Subsequent period.--After the 5-year period described 
     in paragraph (2), a State shall not be eligible to receive 
     funds under this section unless the State has submitted to 
     the Secretary, and the Secretary has approved, a revision to 
     the comprehensive wildlife conservation plan of the State 
     that--
       (A) describes the impact of global warming on the diversity 
     and health of the wildlife populations and habitat of the 
     State;
       (B) describes and prioritizes proposed conservation actions 
     to assist wildlife populations in adapting to the impact;
       (C) establishes programs for monitoring the impact of 
     global warming on wildlife populations and wildlife habitat; 
     and
       (D) establishes methods for--
       (i) assessing the effectiveness of conservation actions 
     taken to assist wildlife populations in adapting to the 
     impact; and
       (ii) adapting the actions to respond appropriately to new 
     information or changing conditions.
       (d) Maintenance of Effort.--It is the intent of Congress 
     that funding provided under this subtitle supplements (and 
     not supplants) existing sources of funding for wildlife 
     conservation.

          Subtitle B--State and Tribal Wildlife Grants Program

     SEC. 121. STATE AND TRIBAL WILDLIFE GRANTS PROGRAM.

       (a) Authorization of Program.--The Secretary shall 
     establish a State and tribal wildlife grants program under 
     which the Secretary shall provide wildlife conservation 
     grants to States, the District of Columbia, the Commonwealth 
     of Puerto Rico, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, the United States Virgin Islands, 
     and Indian tribes for the planning, development, and 
     implementation of programs for the benefit of wildlife and 
     wildlife habitat, including species that are not hunted or 
     fished.
       (b) Allocation of Funds.--
       (1) In general.--Subject to paragraph (2), of the amount 
     that is made available to carry out this section for each 
     fiscal year--
       (A) 10 percent shall be used to conduct a competitive grant 
     program for Indian tribes that are not subject to any other 
     provision of this section;
       (B) of the amount remaining after the application of 
     subparagraph (A) and after the deduction of the 
     administrative expenses incurred by the Secretary to carry 
     out this section--
       (i) not more than \1/2\ of 1 percent shall be allocated to 
     provide grants to each of--

       (I) the District of Columbia; and
       (II) the Commonwealth of Puerto Rico; and

       (ii) not more than \1/4\ of 1 percent shall be allocated to 
     each of--

       (I) Guam;
       (II) American Samoa;
       (III) the Commonwealth of the Northern Mariana Islands; and
       (IV) the United States Virgin Islands; and

       (C) of the amount remaining after the application of 
     subparagraphs (A) and (B), the Secretary shall apportion 
     among the States--
       (i) \1/3\ based on the ratio that the land area of each 
     State bears to the total land area of all States; and
       (ii) \2/3\ based on the ratio that the population of each 
     State bears to the total population of all States.
       (2) Adjustments.--The amount apportioned under paragraph 
     (1)(C) for a fiscal

[[Page 27681]]

     year shall be adjusted equitably so that no State is 
     apportioned under that subparagraph an amount that is--
       (A) less than 1 percent of the amount available for 
     apportionment under that subparagraph for the fiscal year; or
       (B) more than 5 percent of the amount.
       (c) Cost Sharing.--
       (1) Plan development grants.--The Federal share of the 
     costs of developing or revising a comprehensive wildlife 
     conservation plan shall not exceed 75 percent of the total 
     costs of developing or revising the plan.
       (2) Plan implementation grants.--The Federal share of the 
     costs of carrying out an activity under an approved 
     comprehensive wildlife conservation plan carried out with a 
     grant under this section shall not exceed 50 percent of the 
     total costs of carrying out the activity.
       (3) Prohibition on use of federal funds.--The non-Federal 
     share of costs of an activity carried out under this section 
     shall not be paid with amounts derived from any Federal grant 
     program.
       (d) Requirement for Plan.--
       (1) In general.--No State, territory, possession, or other 
     jurisdiction (referred to in this subsection as an ``eligible 
     jurisdiction'') shall be eligible for a grant under this 
     section unless the eligible jurisdiction submits to the 
     Secretary a comprehensive wildlife conservation plan that--
       (A) complies with paragraph (2); and
       (B) considers the broad range of wildlife and associated 
     habitats of the eligible jurisdiction, with appropriate 
     priority placed on species with the greatest conservation 
     need and taking into consideration the relative level of 
     funding available for the conservation of those species.
       (2) Contents.--The comprehensive wildlife conservation plan 
     of an eligible jurisdiction shall contain--
       (A) information on the distribution and abundance of 
     species of wildlife (including low and declining populations 
     as the fish and wildlife agency of the eligible jurisdiction 
     considers appropriate) that are indicative of the diversity 
     and health of the wildlife of the eligible jurisdiction;
       (B) information on the location and relative condition of 
     key habitats and community types essential to the 
     conservation of species identified under subparagraph (A);
       (C) a description of--
       (i) problems that may adversely affect species identified 
     under subparagraph (A) or the habitats of the species; and
       (ii) priority research and survey efforts that are needed 
     to identify factors that may assist in the restoration and 
     improved conservation of those species and habitats;
       (D) a description of conservation actions proposed to 
     conserve the identified species and habitats and priorities 
     for implementing the actions;
       (E) a proposed plan for monitoring species identified under 
     subparagraph (A) and the habitats of the species, for--
       (i) monitoring the effectiveness of the conservation 
     actions proposed under subparagraph (D); and
       (ii) adapting the conservation actions to respond 
     appropriately to new information or changing conditions;
       (F) a description of procedures to review the comprehensive 
     wildlife conservation plan at intervals of not to exceed 10 
     years;
       (G) a plan for coordinating the development, 
     implementation, review, and revision of the comprehensive 
     wildlife conservation plan with Federal, State, and local 
     agencies and Indian tribes that manage significant land and 
     water areas within the jurisdiction or administer programs 
     that significantly affect the conservation of identified 
     species and habitats; and
       (H) provisions that provide an opportunity for broad public 
     participation as an essential element of the development, 
     revision, and implementation of the comprehensive wildlife 
     conservation plan.
       (e) Existing Strategies and Activities.--
       (1) Strategies.--A State comprehensive wildlife strategy 
     that was approved by the Secretary pursuant to a provision of 
     law in effect on the day before the date of enactment of this 
     Act shall remain in effect until the authority for the 
     strategy expires or is revised in accordance with the terms 
     of the strategy.
       (2) Activities.--Except as specified in section 114(c), 
     funds made available under this section may be used to carry 
     out conservation and education activities conducted or 
     proposed to be conducted pursuant to a strategy described in 
     paragraph (1).
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

                        TITLE II--OCEAN PROGRAMS

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Global Warming and 
     Acidification Coastal and Ocean Resiliency Act''.

     SEC. 202. FINDINGS.

       Congress finds that--
       (1) healthy, diverse, and productive coastal, ocean, and 
     Great Lakes ecosystems, communities, and habitats are 
     critical to securing the full range of natural resource 
     benefits for the United States;
       (2) healthy ecosystems are more resilient than degraded 
     ecosystems;
       (3) resilient ecosystems can better adapt to changing 
     environmental conditions, including global warming and ocean 
     acidification;
       (4) the effects of global warming, including relative sea 
     level rise and ocean acidification pose significant threats 
     to healthy ocean, coastal, and Great Lakes ecosystems; and
       (5) policies and programs designed to ensure the recovery, 
     resilience, and health of coastal, ocean, and Great Lakes 
     ecosystems and the resources of the ecosystems in the face of 
     environmental change are an urgent national priority.

    Subtitle A--National Policy for Ocean, Coastal, and Great Lakes 
                    Ecosystem Health and Resiliency

     SEC. 211. NATIONAL POLICY ON OCEAN, COASTAL, AND GREAT LAKES 
                   ECOSYSTEM HEALTH AND RESILIENCY.

       It is the policy of the Federal Government, in cooperation 
     with State, tribal, and affected local governments, other 
     concerned public and private organizations, coastal and ocean 
     resource users, and citizens to take effective measures--
       (1) to ensure the recovery, resiliency, and health of 
     ocean, coastal, and Great Lakes ecosystems;
       (2) to predict, plan for, and mitigate the impact on 
     coastal, ocean, and Great Lakes ecosystems from global 
     warming, including relative sea level rise, and from ocean 
     acidification;
       (3) to plan for and mitigate the impact of the development 
     of offshore alternative energy resources and appropriate 
     carbon capture and sequestration activities; and
       (4) to cooperate and collaborate to support improved and 
     enhanced ocean and coastal management in the United States.

     SEC. 212. NATIONAL OCEAN, COASTAL, AND GREAT LAKES RESILIENCY 
                   STRATEGY.

       (a) Requirement.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of Commerce (referred to 
     in this title as the ``Secretary'') shall implement the 
     national policy under section 211 by establishing a national 
     strategy to protect, maintain, and restore coastal and marine 
     ecosystems so that the ecosystems are more resilient and 
     better able to withstand the additional stresses associated 
     with global warming, including relative sea level rise, and 
     with ocean acidification.
       (2) Measures.--In establishing the national strategy, the 
     Secretary shall provide for research and design of practical 
     measures--
       (A) to avoid, alleviate, or mitigate the impact of global 
     warming, including relative sea level rise, and of ocean 
     acidification on ocean, coastal, and Great Lakes ecosystems 
     and resources in the United States; and
       (B) to ensure the recovery, resiliency, and health of 
     ocean, coastal, and Great Lakes ecosystems.
       (3) Administration.--Before and during the development of 
     the national strategy, the Secretary shall--
       (A) base the national strategy on the best available 
     science;
       (B) consult with--
       (i) the Secretary of the Interior;
       (ii) the Administrator of the Environmental Protection 
     Agency;
       (iii) Regional Fishery Management Councils;
       (iv) State coastal management and fish and wildlife 
     agencies;
       (v) Indian tribes;
       (vi) local governments;
       (vii) conservation organizations;
       (viii) scientists; and
       (ix) other interested stakeholders; and
       (C) provide public notice and opportunity for comment.
       (b) Contents.--
       (1) In general.--The Secretary shall include in the 
     national strategy prioritized goals and measures and a plan 
     for implementation (including a timeframe)--
       (A) to incorporate climate change adaptation strategies 
     into the planning and management of ocean and coastal 
     programs and resources administered by the Department of 
     Commerce;
       (B) to incorporate the strategies into the planning and 
     management of ocean and coastal resources administered by 
     Federal and non-Federal governmental entities other than the 
     Department of Commerce;
       (C) to support predictions of relative sea level rise;
       (D) to protect, maintain, and restore coastal and marine 
     ecosystems so that the ecosystems are more resilient and 
     better able to withstand the additional stresses associated 
     with global warming, including relative sea level rise, and 
     with ocean acidification;
       (E) to protect ocean and coastal species from the impact of 
     global warming and ocean acidification;
       (F) to incorporate adaptation strategies for relative sea 
     level rise into coastal zone planning;
       (G) to protect and restore ocean and coastal habitats to 
     build healthy and resilient ecosystems, including the 
     purchase of coastal and island land; and

[[Page 27682]]

       (H) to promote the development of plans to mitigate at the 
     community level the economic consequences of global warming, 
     including relative sea level rise and ocean acidification.
       (2) Coordination with other plans.--In developing the 
     national strategy, the Secretary shall, to the maximum extent 
     practicable--
       (A) take into consideration research and information 
     contained in--
       (i) Federal, regional, and State management and restoration 
     plans;
       (ii) the reports of the Pew Oceans Commission and the 
     United States Commission on Ocean Policy; and
       (iii) any other relevant reports and information; and
       (B) encourage and take into account regional plans for 
     protecting and restoring the health and resilience of ocean 
     and coastal ecosystems, including the Great Lakes.
       (c) Revisions.--Not later than 5 years after the date of 
     the initial establishment of the national strategy and each 
     10 years thereafter, the Secretary shall revise the national 
     strategy to reflect--
       (1) new information on the impact of global warming, 
     including relative sea level rise, and of acidification on 
     ocean, coastal and Great Lakes ecosystems and the resources 
     of the ecosystems; and
       (2) advances in the development of strategies for adapting 
     to or mitigating for the impact.
       (d) Implementation.--To achieve the goals of the national 
     strategy, each Federal agency shall (directly and in 
     cooperation with other agencies) implement measures for the 
     conservation of ocean, coastal, and Great Lakes ecosystems 
     under the jurisdiction of the Federal agency that promote the 
     national strategy established under this section.

     SEC. 213. ADVISORY BOARD.

       (a) In General.--The Secretary shall establish and appoint 
     the members of an Advisory Board that is composed of not less 
     than 10, and not more than 20, members recommended by the 
     President of the National Academy of Sciences with expertise 
     in ocean, coastal, and Great Lakes biology, ecology, 
     fisheries, climate change, ocean acidification, and other 
     relevant disciplines, including economics at the community 
     level.
       (b) Function.--The Advisory Board shall--
       (1) provide scientific and technical advice and 
     recommendations to the Secretary on--
       (A) the impact of global warming, including relative sea 
     level rise, and of acidification on ocean and coastal 
     ecosystems, resources, ecological and coastal communities, 
     and habitats; and
       (B) strategies and mechanisms to mitigate the impact of 
     global warming, including relative sea level rise, and of 
     acidification on ocean and coastal ecosystems;
       (2) advise the Secretary on priorities for research or 
     information collection; and
       (3) advise the Secretary on priority needs for achieving 
     systematic improvements in ocean and coastal resiliency for 
     the purposes of section 212.

     SEC. 214. IMPLEMENTATION OF NATIONAL STRATEGY.

       (a) In General.--Of the amount that is made available to 
     carry out this subtitle for each fiscal year--
       (1) 40 percent shall be made available for the carrying out 
     of Federal responsibilities to develop and implement the 
     national strategy established under section 212; and
       (2) 60 percent shall be used to make grants under 
     subsection (b).
       (b) Grants.--
       (1) In general.--The Secretary shall make grants to 
     eligible entities to pay the Federal share (as determined by 
     the Secretary) to carry out activities that contribute to or 
     result in protecting, maintaining, or restoring the 
     resilience and health of coastal, ocean, and Great Lakes 
     ecosystems and resources, including planning and scientific 
     research to support such purposes.
       (2) Eligible entities.--To be eligible to receive a grant 
     under this subsection, an entity shall be--
       (A) a Federal agency;
       (B) an agency of a State or political subdivision;
       (C) a regional partnership;
       (D) an Indian tribe;
       (E) an institution of higher education; or
       (F) a nongovernmental organization.
       (3) Eligible uses.--A grant provided under this subsection 
     may only be used to carry out an activity described in 
     paragraph (1) that is approved by the Secretary.
       (4) Prioritization.--In approving applications under this 
     subsection, the Secretary shall give priority to proposals 
     that--
       (A) implement measures to enhance the health or resilience 
     of coastal, ocean, or Great Lakes areas of national 
     significance, including biological, historical, and cultural 
     measures;
       (B) result in systematic improvements to the resilience and 
     health of coastal and ocean ecosystems and resources;
       (C) are sufficiently cooperative and broad in geographic 
     scope to address the problem or need; and
       (D) demonstrate cost-effectiveness based on ecosystems 
     services provided per dollar of Federal expenditure, 
     including consideration of the potential for a funding match.
       (5) Guidance.--The Secretary shall issue guidance regarding 
     a process for--
       (A) the approval or disapproval of applications for grants 
     under this subsection, including opportunities for public 
     comment; and
       (B) the establishment of annual and multiyear national 
     funding priorities.
       (6) Evaluation.--
       (A) In general.--The Secretary shall establish a system to 
     provide for an annual external evaluation of each grant that 
     measures the progress of implementation of the grant against 
     the goals and objectives of the grant project.
       (B) Public availability.--The Secretary shall make the 
     results of the evaluations publicly available.

     SEC. 215. REPORTS.

       (a) National Academy of Sciences.--The Secretary shall 
     enter into an arrangement with the National Academy of 
     Sciences under which the Academy shall report to Congress, 
     not later than 2 years after the date of enactment of this 
     Act, on the current and projected impact of global warming, 
     including relative sea level rise, of ocean acidification, 
     and on effective mitigation strategies for the ocean, 
     coastal, and Great Lakes ecosystems and resources of the 
     United States.
       (b) Report to Congress.--The Secretary shall make available 
     to Congress a copy of the strategy and implementation plan 
     established under this subtitle (including any updates to the 
     strategy and plan).

     SEC. 216. AUTHORIZATION OF APPROPRIATIONS.

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

        Subtitle B--Planning for Climate Change in Coastal Zone

     SEC. 221. PLANNING FOR CLIMATE CHANGE IN COASTAL ZONE.

       (a) In General.--The Coastal Zone Management Act of 1972 
     (16 U.S.C. 1451 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 320. CLIMATE CHANGE RESILIENCY PLANNING.

       ``(a) Definitions.--In this section, the terms `ecological 
     processes', `habitat', and `wildlife' have the meanings given 
     those terms in section 2 of the Global Warming Wildlife 
     Survival Act.
       ``(b) Program.--The Secretary shall establish, consistent 
     with the national policies established under section 303, a 
     coastal climate change resiliency planning and response 
     program to--
       ``(1) provide assistance to coastal states to develop and 
     implement coastal climate change resiliency plans pursuant to 
     approved management programs approved under section 306, to 
     prepare for and reduce, in an environmentally sensitive 
     manner, the negative consequences to the coastal zone that 
     may result from global warming and ocean acidification; and
       ``(2) provide financial and technical assistance and 
     training to enable coastal states to implement plans 
     developed pursuant to this section through enforceable 
     policies of the coastal states.
       ``(c) Guidelines.--Not later than 180 days after the date 
     of enactment of this section, the Secretary, in consultation 
     with the coastal states, shall issue guidelines for the 
     implementation of the grant program established under 
     subsection (d).
       ``(d) Climate Change Resiliency Planning Grants.--
       ``(1) In general.--Subject to the availability of 
     appropriations, the Secretary may make a grant to any coastal 
     state for the purpose of developing and implementing climate 
     change resiliency plans pursuant to guidelines issued by the 
     Secretary under subsection (c).
       ``(2) Plan content.--
       ``(A) In general.--A plan developed with a grant under this 
     section shall include adaptation strategies for fish and 
     wildlife, fish and wildlife habitat, and associated 
     ecological process as are necessary to assist fish and 
     wildlife, fish and wildlife habitat, and associated 
     ecological processes to adapt to, become resilient to, and 
     mitigate the impact of, global warming and ocean 
     acidification.
       ``(B) Inclusions.--The plans shall specifically include--
       ``(i) adaptive management strategies for land and water use 
     to respond or adapt to changing environmental conditions, 
     including strategies to protect biodiversity and establish 
     habitat buffer zones, migration corridors, and climate 
     refugia; and
       ``(ii) requirements--

       ``(I) to initiate and maintain long-term monitoring of 
     environmental change to assess coastal zone resiliency; and
       ``(II) if necessary, to adjust adaptive management 
     strategies and new planning guidelines to attain the policies 
     under section 303.

       ``(3) Allocation.--Grants under this section shall be--
       ``(A) available only to coastal states with management 
     programs approved by the Secretary under section 306; and
       ``(B) allocated among the coastal states in a manner 
     consistent with regulations promulgated pursuant to section 
     306(c).
       ``(4) Priority.--In the awarding grants under this 
     subsection, the Secretary may give priority to any coastal 
     state that has

[[Page 27683]]

     received grant funding to develop program changes pursuant to 
     paragraphs (1), (2), (3), (5), (6), (7), and (8) of section 
     309(a).
       ``(5) Technical assistance.--The Secretary may provide 
     technical assistance to a coastal state (consistent with 
     section 310) to ensure the timely development of plans 
     supported by grants awarded under this subsection.
       ``(6) Federal approval.--In order to be eligible for a 
     grant under subsection (e), a coastal state shall have the 
     plan of the coastal state developed under this section 
     approved by the Secretary.
       ``(e) Coastal Resiliency Project Grants.--
       ``(1) In general.--Subject to the availability of 
     appropriations, the Secretary may make grants to any coastal 
     state that has a climate change resiliency plan approved 
     under subsection (d)(6) for implementation of the plan.
       ``(2) Program requirements.--
       ``(A) In general.--Not later than 90 days after the date of 
     approval of the first plan approved under subsection (d)(6), 
     the Secretary shall publish in the Federal Register 
     requirements regarding applications, allocations, eligible 
     activities, and all terms and conditions for grants awarded 
     under this subsection.
       ``(B) Merit-based awards.--No less than 30 percent of the 
     funds made available for any fiscal year for grants under 
     this subsection shall be awarded through a merit-based 
     competitive process.''.
       (b) Authorization of Appropriations.--Section 318(a) of the 
     Coastal Zone Management Act of 1972 (16 U.S.C. 1464(a)) is 
     amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding by adding at the end the following:
       ``(3) for grants under subsections (d) and (e) of section 
     320, such sums as are necessary for each fiscal year.''.

             TITLE III--SPECIAL IMPERILED SPECIES PROGRAMS

     SEC. 301. DEFINITIONS.

       In this title:
       (1) Director.--The term ``Director'' means the Director of 
     the United States Geological Survey.
       (2) Ecosystem.--The term ``ecosystem'' means any complex of 
     a plant, animal, fungal, and microorganism community and the 
     associated nonliving environment of the community that 
     interacts as an ecological unit, including the species and 
     the viability of species within the community.
       (3) Imperiled species.--The term ``imperiled species'' 
     means--
       (A) a species listed as an endangered species or threatened 
     species under the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.);
       (B) a species proposed for listing under that Act;
       (C) a candidate species under that Act.;
       (D) a species listed as an endangered species under any 
     State law; and
       (E) a species, the population of which is declining at a 
     significant rate.

     SEC. 302. REGIONAL ECOLOGICAL SYMPOSIA.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Director, in coordination with the 
     Director of the United States Fish and Wildlife Service and 
     the Director of the National Marine Fisheries Service, shall 
     convene multiple regional scientific symposia to examine the 
     ecological impact of global warming on each imperiled species 
     in each ecosystem of the United States.
       (b) Composition.--A symposium convened in a region shall 
     include--
       (1) scientific representatives from Federal agencies with 
     species- or ecosystem-related activities in the region;
       (2) if appropriate, scientists or technical experts 
     representing State, local, and tribal governments; and
       (3) scientific experts from institutions of higher 
     education and scientific societies, and any other independent 
     scientists with sufficient qualifications and credentials, 
     particularly with respect to site-specific ecological 
     conditions and the status of species and ecological 
     communities of concern in the region.
       (c) Duties.--A symposium convened in a region shall--
       (1) identify and assess fish, wildlife, and plant species, 
     the habitats of the species, and the natural processes, 
     ecosystems, and landscapes that support the habitats, that 
     are most imperiled by global warming; and
       (2) focus on imperiled species that are located on public 
     land, declining migratory birds species, and other species 
     that are protected by treaty or international agreement.

     SEC. 303. NATIONAL ACADEMY OF SCIENCES REPORT.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     enter into an arrangement with the National Academy of 
     Sciences under which the Academy shall convene a panel--
       (1) to examine and analyze the reports, data, documents, 
     and other information created by the multiple regional 
     scientific symposia convened in accordance with section 
     302(a); and
       (2) to prepare a report that takes into consideration each 
     report, data, document, and other item of information 
     described in paragraph (1).
       (b) Contents of Report.--The report required under 
     subsection (a)(2) shall include--
       (1) an identification and assessment of--
       (A) the impact of global warming on each imperiled species 
     and ecosystem in the United States (including the territories 
     of the United States); and
       (B) different ecological scenarios that may result from 
     different intensities, rates, and other critical 
     manifestations of global warming;
       (2) recommendations for specific roles to be played by 
     Federal, State, local, and tribal agencies and private 
     parties in assisting imperiled species in adapting to, and 
     surviving the impacts of, climate change, including a 
     recommended list of prioritized remediation actions by those 
     agencies and parties; and
       (3) other relevant ecological information.
       (c) Public Availability.--The recommendations and report 
     required under this section shall be made available to the 
     public as soon as practicable after the recommendations and 
     report are complete.
       (d) Use of Report by Certain Heads of Federal Agencies.--
     The Secretary of Agriculture, the Secretary of Commerce, and 
     the Secretary of the Interior, in carrying out each national 
     policy described in sections 111 and 211, shall take into 
     account the recommendations and report required under this 
     section.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Hagel, and Mr. Lugar):
  S. 2205. A bill to authorize the cancellation of removal and 
adjustment of status of certain alien students who are long-term United 
States residents and who entered the United States as children, and for 
other purposes; read the first time.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                S. 2205

       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 ``Development, Relief, and 
     Education for Alien Minors Act of 2007'' or the ``DREAM Act 
     of 2007''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     that term in section 101 of the Higher Education Act of 1965 
     (20 U.S.C. 1001).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (3) Uniformed services.--The term ``uniformed services'' 
     has the meaning given that term in section 101(a) of title 
     10, United States Code.

     SEC. 3. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF 
                   CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE 
                   UNITED STATES AS CHILDREN.

       (a) Special Rule for Certain Long-Term Residents Who 
     Entered the United States as Children.--
       (1) In general.--Notwithstanding any other provision of law 
     and except as otherwise provided in this Act, the Secretary 
     may cancel removal of, and adjust to the status of an alien 
     lawfully admitted for permanent residence, subject to the 
     conditional basis described in section 4, an alien who is 
     inadmissible or deportable from the United States, if the 
     alien demonstrates that--
       (A) the alien has been physically present in the United 
     States for a continuous period of not less than 5 years 
     immediately preceding the date of enactment of this Act, and 
     had not yet reached the age of 16 years at the time of 
     initial entry;
       (B) the alien has been a person of good moral character 
     since the date of enactment of this Act;
       (C) the alien--
       (i) is not inadmissible under paragraph (2), paragraph (3), 
     subparagraph (B), (C), (E), (F), or (G) of paragraph (6), or 
     subsection (C) of paragraph (10) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)), except 
     that if the alien is inadmissible solely under subparagraph 
     (C) or (F) of paragraph (6) of such section, the alien had 
     not yet reached the age of 16 years at the time the violation 
     was committed; and
       (ii) is not deportable under subparagraph (E) or (G) of 
     paragraph (1), paragraph (2), subparagraph (B), (C), or (D) 
     of paragraph (3), paragraph (4), or paragraph (6) of section 
     237(a) of the Immigration and Nationality Act (8 U.S.C. 
     1227(a)), except that if the alien is deportable solely under 
     subparagraph (C) or (D) of paragraph (3) of such section, the 
     alien had not yet reached the age of 16 years at the time the 
     violation was committed;
       (D) the alien, at the time of application, has been 
     admitted to an institution of higher education in the United 
     States, or has

[[Page 27684]]

     earned a high school diploma or obtained a general education 
     development certificate in the United States;
       (E) the alien has never been under a final administrative 
     or judicial order of exclusion, deportation, or removal, 
     unless the alien--
       (i) has remained in the United States under color of law 
     after such order was issued; or
       (ii) received the order before attaining the age of 16 
     years; and
       (F) the alien was had not yet reached the age of 30 years 
     on the date of enactment of this Act.
       (2) Waiver.--Notwithstanding paragraph (1), the Secretary 
     of Homeland Security may waive the ground of ineligibility 
     under section 212(a)(6) of the Immigration and Nationality 
     Act and the ground of deportability under paragraphs (1), 
     (3), and (6) of section 237(a) of that Act for humanitarian 
     purposes or family unity or when it is otherwise in the 
     public interest.
       (3) Procedures.--The Secretary shall provide a procedure by 
     regulation allowing eligible individuals to apply 
     affirmatively for the relief available under this subsection 
     without being placed in removal proceedings.
       (b) Termination of Continuous Period.--For purposes of this 
     section, any period of continuous residence or continuous 
     physical presence in the United States of an alien who 
     applies for cancellation of removal under this section shall 
     not terminate when the alien is served a notice to appear 
     under section 239(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1229(a)).
       (c) Treatment of Certain Breaks in Presence.--
       (1) In general.--An alien shall be considered to have 
     failed to maintain continuous physical presence in the United 
     States under subsection (a) if the alien has departed from 
     the United States for any period in excess of 90 days or for 
     any periods in the aggregate exceeding 180 days.
       (2) Extensions for exceptional circumstances.--The 
     Secretary may extend the time periods described in paragraph 
     (1) if the alien demonstrates that the failure to timely 
     return to the United States was due to exceptional 
     circumstances. The exceptional circumstances determined 
     sufficient to justify such an extension shall be no less 
     compelling than serious illness of the alien, or death or 
     serious illness of a parent, grandparent, sibling, or child 
     of the alien.
       (d) Exemption From Numerical Limitations.--Nothing in this 
     section may be construed to apply a numerical limitation on 
     the number of aliens who may be eligible for cancellation of 
     removal or adjustment of status under this section.
       (e) Regulations.--
       (1) Proposed regulations.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary shall 
     publish proposed regulations implementing this section. Such 
     regulations shall be effective immediately on an interim 
     basis, but are subject to change and revision after public 
     notice and opportunity for a period for public comment.
       (2) Interim, final regulations.--Within a reasonable time 
     after publication of the interim regulations in accordance 
     with paragraph (1), the Secretary shall publish final 
     regulations implementing this section.

     SEC. 4. CONDITIONAL PERMANENT RESIDENT STATUS.

       (a) In General.--
       (1) Conditional basis for status.--Notwithstanding any 
     other provision of law, and except as provided in section 5, 
     an alien whose status has been adjusted under section 3 to 
     that of an alien lawfully admitted for permanent residence 
     shall be considered to have obtained such status on a 
     conditional basis subject to the provisions of this section. 
     Such conditional permanent resident status shall be valid for 
     a period of 6 years, subject to termination under subsection 
     (b).
       (2) Notice of requirements.--
       (A) At time of obtaining permanent residence.--At the time 
     an alien obtains permanent resident status on a conditional 
     basis under paragraph (1), the Secretary shall provide for 
     notice to the alien regarding the provisions of this section 
     and the requirements of subsection (c) to have the 
     conditional basis of such status removed.
       (B) Effect of failure to provide notice.--The failure of 
     the Secretary to provide a notice under this paragraph--
       (i) shall not affect the enforcement of the provisions of 
     this Act with respect to the alien; and
       (ii) shall not give rise to any private right of action by 
     the alien.
       (3) Limitation on removal.--The Secretary may not remove an 
     alien who has a pending application for conditional permanent 
     resident status under this section.
       (b) Termination of Status.--
       (1) In general.--The Secretary shall terminate the 
     conditional permanent resident status of any alien who 
     obtained such status under this Act, if the Secretary 
     determines that the alien--
       (A) ceases to meet the requirements of subparagraph (B) or 
     (C) of section 3(a)(1);
       (B) has become a public charge; or
       (C) has received a dishonorable or other than honorable 
     discharge from the uniformed services.
       (2) Return to previous immigration status.--Any alien whose 
     conditional permanent resident status is terminated under 
     paragraph (1) shall return to the immigration status the 
     alien had immediately prior to receiving conditional 
     permanent resident status under this Act.
       (c) Requirements of Timely Petition for Removal of 
     Condition.--
       (1) In general.--In order for the conditional basis of 
     permanent resident status obtained by an alien under 
     subsection (a) to be removed, the alien must file with the 
     Secretary, in accordance with paragraph (3), a petition which 
     requests the removal of such conditional basis and which 
     provides, under penalty of perjury, the facts and information 
     so that the Secretary may make the determination described in 
     paragraph (2)(A).
       (2) Adjudication of petition to remove condition.--
       (A) In general.--If a petition is filed in accordance with 
     paragraph (1) for an alien, the Secretary shall make a 
     determination as to whether the alien meets the requirements 
     set out in subparagraphs (A) through (E) of subsection 
     (d)(1).
       (B) Removal of conditional basis if favorable 
     determination.--If the Secretary determines that the alien 
     meets such requirements, the Secretary shall notify the alien 
     of such determination and immediately remove the conditional 
     basis of the status of the alien.
       (C) Termination if adverse determination.--If the Secretary 
     determines that the alien does not meet such requirements, 
     the Secretary shall notify the alien of such determination 
     and terminate the conditional permanent resident status of 
     the alien as of the date of the determination.
       (3) Time to file petition.--An alien may petition to remove 
     the conditional basis to lawful resident status during the 
     period beginning 180 days before and ending 2 years after 
     either the date that is 6 years after the date of the 
     granting of conditional permanent resident status or any 
     other expiration date of the conditional permanent resident 
     status as extended by the Secretary in accordance with this 
     Act. The alien shall be deemed in conditional permanent 
     resident status in the United States during the period in 
     which the petition is pending.
       (d) Details of Petition.--
       (1) Contents of petition.--Each petition for an alien under 
     subsection (c)(1) shall contain information to permit the 
     Secretary to determine whether each of the following 
     requirements is met:
       (A) The alien has demonstrated good moral character during 
     the entire period the alien has been a conditional permanent 
     resident.
       (B) The alien is in compliance with section 3(a)(1)(C).
       (C) The alien has not abandoned the alien's residence in 
     the United States. The Secretary shall presume that the alien 
     has abandoned such residence if the alien is absent from the 
     United States for more than 365 days, in the aggregate, 
     during the period of conditional residence, unless the alien 
     demonstrates that alien has not abandoned the alien's 
     residence. An alien who is absent from the United States due 
     to active service in the uniformed services has not abandoned 
     the alien's residence in the United States during the period 
     of such service.
       (D) The alien has completed at least 1 of the following:
       (i) The alien has acquired a degree from an institution of 
     higher education in the United States or has completed at 
     least 2 years, in good standing, in a program for a 
     bachelor's degree or higher degree in the United States.
       (ii) The alien has served in the uniformed services for at 
     least 2 years and, if discharged, has received an honorable 
     discharge.
       (E) The alien has provided a list of each secondary school 
     (as that term is defined in section 9101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801)) that 
     the alien attended in the United States.
       (2) Hardship exception.--
       (A) In general.--The Secretary may, in the Secretary's 
     discretion, remove the conditional status of an alien if the 
     alien--
       (i) satisfies the requirements of subparagraphs (A), (B), 
     and (C) of paragraph (1);
       (ii) demonstrates compelling circumstances for the 
     inability to complete the requirements described in 
     subparagraph (D) of such paragraph; and
       (iii) demonstrates that the alien's removal from the United 
     States would result in exceptional and extremely unusual 
     hardship to the alien or the alien's spouse, parent, or child 
     who is a citizen or a lawful permanent resident of the United 
     States.
       (B) Extension.--Upon a showing of good cause, the Secretary 
     may extend the period of conditional resident status for the 
     purpose of completing the requirements described in 
     subparagraph (D) of paragraph (1).
       (e) Treatment of Period for Purposes of Naturalization.--
     For purposes of title III of the Immigration and Nationality 
     Act (8 U.S.C. 1401 et seq.), in the case of an alien who is 
     in the United States as a lawful permanent resident on a 
     conditional basis under this section, the alien shall be 
     considered to have been admitted as an alien lawfully 
     admitted for permanent residence and to be in the United 
     States as an alien lawfully admitted to the United States for 
     permanent residence. However, the conditional basis must be 
     removed before the alien may apply for naturalization.

[[Page 27685]]



     SEC. 5. TREATMENT OF CERTAIN APPLICANTS.

       If, on the date of enactment of this Act, an alien has 
     satisfied all the requirements of subparagraphs (A) through 
     (F) of section 3(a)(1) and subparagraph (D) of section 
     4(d)(1), the Secretary may adjust the status of the alien to 
     that of a conditional resident in accordance with section 3. 
     The alien may petition for removal of such condition at the 
     end of the conditional residence period in accordance with 
     section 4(c) if the alien has met the requirements of 
     subparagraphs (A), (B), and (C) of section 4(d)(1) during the 
     entire period of conditional residence.

     SEC. 6. EXCLUSIVE JURISDICTION.

       (a) Secretary.--Except as provided in subsection (b), the 
     Secretary shall have exclusive jurisdiction to determine 
     eligibility for relief under this Act.
       (b) Attorney General.--Notwithstanding subsection (a), if 
     an alien has been placed into deportation, exclusion, or 
     removal proceedings either prior to or after filing an 
     application for relief under this Act, the Attorney General 
     shall have exclusive jurisdiction and shall assume all the 
     powers and duties of the Secretary under this Act until 
     proceedings are terminated. If a final order of deportation, 
     exclusion, or removal is entered for the alien the Secretary 
     shall resume all powers and duties under this Act with 
     respect to the alien.

     SEC. 7. STAY OF REMOVAL OF CERTAIN ALIENS ENROLLED IN PRIMARY 
                   OR SECONDARY SCHOOL.

       (a) Stay of Removal.--The Attorney General shall stay the 
     removal proceedings of any alien who--
       (1) meets all the requirements of subparagraphs (A), (B), 
     (C), (E), and (F) of section 3(a)(1);
       (2) is at least 12 years of age; and
       (3) is enrolled full time in a primary or secondary school.
       (b) Employment.--An alien whose removal is stayed pursuant 
     to subsection (a) may be engaged in employment in the United 
     States consistent with the Fair Labor Standards Act (29 
     U.S.C. 201 et seq.) and State and local laws governing 
     minimum age for employment.
       (c) Lift of Stay.--The Attorney General shall lift the stay 
     granted pursuant to subsection (a) if the alien--
       (1) is no longer enrolled in a primary or secondary school; 
     or
       (2) ceases to meet the requirements of subsection (a)(1).

     SEC. 8. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

       Whoever files an application for relief under this Act and 
     willfully and knowingly falsifies, misrepresents, or conceals 
     a material fact or makes any false or fraudulent statement or 
     representation, or makes or uses any false writing or 
     document knowing the same to contain any false or fraudulent 
     statement or entry, shall be fined in accordance with title 
     18, United States Code, or imprisoned not more than 5 years, 
     or both.

     SEC. 9. CONFIDENTIALITY OF INFORMATION.

       (a) Prohibition.--Except as provided in subsection (b), no 
     officer or employee of the United States may--
       (1) use the information furnished by the applicant pursuant 
     to an application filed under this Act to initiate removal 
     proceedings against any persons identified in the 
     application;
       (2) make any publication whereby the information furnished 
     by any particular individual pursuant to an application under 
     this Act can be identified; or
       (3) permit anyone other than an officer or employee of the 
     United States to examine applications filed under this Act.
       (b) Required Disclosure.--The Attorney General or the 
     Secretary shall provide the information furnished under this 
     section, and any other information derived from such 
     furnished information, to--
       (1) a duly recognized law enforcement entity in connection 
     with an investigation or prosecution of an offense described 
     in paragraph (2) or (3) of section 212(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)), when such information 
     is requested in writing by such entity; or
       (2) an official coroner for purposes of affirmatively 
     identifying a deceased individual (whether or not such 
     individual is deceased as a result of a crime).
       (c) Penalty.--Whoever knowingly uses, publishes, or permits 
     information to be examined in violation of this section shall 
     be fined not more than $10,000.

     SEC. 10. HIGHER EDUCATION ASSISTANCE.

       Notwithstanding any provision of the Higher Education Act 
     of 1965 (20 U.S.C. 1001 et seq.), with respect to assistance 
     provided under title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1070 et seq.), an alien who adjusts status to that 
     of a lawful permanent resident under this Act shall be 
     eligible only for the following assistance under such title:
       (1) Student loans under parts B, D, and E of such title IV, 
     subject to the requirements of such parts.
       (2) Federal work-study programs under part C of such title 
     IV, subject to the requirements of such part.
       (3) Services under such title IV, subject to the 
     requirements for such services.

     SEC. 11. GAO REPORT.

       Not later than 7 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit a report to the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives setting forth--
       (1) the number of aliens who were eligible for cancellation 
     of removal and adjustment of status under section 3(a);
       (2) the number of aliens who applied for adjustment of 
     status under section 3(a);
       (3) the number of aliens who were granted adjustment of 
     status under section 3(a); and
       (4) the number of aliens whose conditional permanent 
     resident status was removed under section 4.
                                 ______
                                 
      By Mr. SCHUMER (for himself, Mr. Specter, Mr. Cochran, and Mr. 
        Harkin:
  S.J. Res. 21. A joint resolution proposing amendment to the 
Constitution of the United States relating to contributions and 
expenditures intended to affect elections; to the Committee on the 
Judiciary.
  Mr. HARKIN. Mr. President, today I am proud to join Senators Schumer, 
Specter and Cochran in introducing a constitutional amendment to 
overturn the 1976 Supreme Court decision in the case of Buckley v. 
Valeo and restore Congress's power to regulate campaign finances.
  This constitutional amendment is a necessary first step in restoring 
confidence in our system of government. The Court's decision in 
Buckley, which equated money with speech, was fundamentally flawed. 
Unfortunately, since that decision, our democracy has been perverted. 
Costs of elections have spiraled out of control, office seekers are 
required to spend more time than ever raising money, and special 
interests correspondingly have greater access than ever before. As a 
result, the integrity of our democracy continues to wane.
  Make no mistake, I am extremely reluctant to amend the Constitution. 
Amending the Constitution rightly is an extraordinary step that has 
seldom been done in our history. But, when it has been truly needed, we 
have done so. Reluctantly, I have reached the conclusion that it is 
needed now. Without this amendment, our nation is simply too limited in 
its ability to deal with corruption and to restore confidence in our 
electoral system. The integrity of our democratic system not only deems 
it appropriate for us to approve a constitutional amendment, it 
requires it.
  Until we have the ability to truly create a system of campaign 
finance, we will continue to have an escalation of spending on 
campaigns, and an escalation of continued distrust by the American 
people in their political system. This amendment is a necessary first 
step and I encourage my colleagues to support this vital measure.
  Mr. President, I ask unanimous consent that the text of the joint 
resolution be printed in the Record.
  There being no objection, the text of the joint resolution was 
ordered to be placed in the Record, as follows:

                             S. J. Res. 21

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled (two-thirds of 
     each House concurring therein), That the following article is 
     proposed as an amendment to the Constitution of the United 
     States, which shall be valid to all intents and purposes as 
     part of the Constitution when ratified by the legislatures of 
     three-fourths of the several States within seven years after 
     the date of its submission by the Congress:

                              ``Article--

       ``Section 1. Congress shall have power to regulate the 
     raising and spending of money, including through setting 
     limits, for campaigns for nomination for election to, or for 
     election to, Federal office.
       ``Section 2. A State shall have power to regulate the 
     raising and spending of money, including through setting 
     limits, for--
       ``(1) State or local ballot initiatives, referenda, 
     plebiscites, or other similar ballot measures; and
       ``(2) campaigns for nomination for election to, or for 
     election to, State or local office.
       ``Section 3. Congress shall have power to implement and 
     enforce this article by appropriate legislation.''.

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