[Congressional Record (Bound Edition), Volume 154 (2008), Part 17]
[Senate]
[Pages 23646-23662]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. ROCKEFELLER:
  S. 3663. A bill to require the Federal Communications Commission to 
provide for a short-term extension of the analog television 
broadcasting authority so that essential public safety announcements 
and digital television transition information may be provided for a 
short time during the transition to digital television broadcasting; to 
the Committee on Commerce, Science, and Transportation.
  Mr. ROCKEFELLER. Mr. President, I rise today to introduce the Short-
term Analog Flash and Emergency Readiness Act. This simple piece of 
legislation will help make sure those consumers who fail to make the 
transition to Digital Television, DTV, by February 17, 2009 are not 
left without access to emergency information. This bill will also allow 
those consumers to understand what steps they need to take in order to 
restore their television signals.
  I voted against the Deficit Reduction Act of 2005, which directs that 
on February 18, 2009, over-the-air full-power

[[Page 23647]]

television broadcasts, which are currently provided by television 
stations in both analog and digital formats, will become digital only. 
I voted against this bill in both the Commerce Committee and during its 
consideration by the full Senate because it failed to address the core 
policy questions of the implementation of the transition to DTV. 
Specifically, it did not adequately address the minimization of 
consumer disruption and the establishment a national interoperable 
communications network with the analog spectrum that broadcasters were 
vacating. I was one of only three ``No'' votes in Committee.
  When the Commerce Committee passed its portion of the Deficit 
Reduction Act of 2005, the then-Republican majority on the Committee 
did not want to spend significant resources on the DTV transition to 
minimize consumer disruption. Nor, did they want to spend any resources 
on building a national interoperable public safety communications 
network. The only thing that mattered to Republicans in 2005 was 
generating sufficient money to meet our budget reconciliation 
instructions. Because the Committee failed to set forth coherent policy 
objectives in 2005, consumers and our Nation's first responders will 
bear the brunt of that failure.
  I believe that many have forgotten why we moved forward with the DTV 
transition. It was to free up much needed spectrum to create a national 
interoperable public safety communications network. I know the people 
of West Virginia strongly support their first responders and would have 
gladly accepted that transition to make sure that in times of crisis 
our local police, fire, and emergency response teams could communicate. 
Instead, the DTV transition has been sold as nothing more than having a 
better television picture. That is unfortunate because we are making 
this transition to address a critical public safety need--one 
identified by the 9/11 Commission.
  Unfortunately, the Federal Communications Commission still has not 
devised a plan to establish this national public safety communications 
network. The spectrum has been auctioned and the big wireless companies 
have secured their futures. But our nation's first responders, which 
should have been this Administration's first priority, are not much 
closer to achieving interoperable communications.
  As my good friend FCC Commissioner Michael Copps has stated, ``the 
question of public safety is . . . the first obligation of the public 
servant.'' In a more perfect world, our nation's first responders would 
already have access to an interoperable and fully-funded broadband 
network that makes use of dedicated public safety spectrum. We are 
still a long way from developing this network for public safety, and 
that is something of which we all should be ashamed. If we fail to 
establish this network quickly and in a manner that works for the 
public safety community, I am afraid we may have lost the opportunity 
forever.
  This Administration has failed consumers as well. In 2005, Congress 
left almost all of the implementation of the transition to the private 
sector--broadcasters, cable and satellite companies, and consumer 
electronics retailers. Although well-heeled industries state that they 
have devoted hundreds of millions of dollars to making Americans aware 
of the DTV transition, I am not sure that it is going to minimize the 
disruption.
  The recent DTV transition test market of Wilmington, North Carolina 
demonstrated that, even with extraordinary levels of outreach, some did 
not know about the DTV transition. I would note that Wilmington 
received far more attention than any market in West Virginia is likely 
to receive, or any other part of the country for that matter.
  Even if a consumer was aware of the DTV transition, several thousand 
people called into the FCC for assistance--they could not set up their 
box, they could not receive certain digital signals, or their antennae 
needed adjustment, to name just a few of the problems. Consumers, 
especially the elderly and those with limited English proficiency, are 
going to need help in managing the transition.
  Among its many shortcomings, the DTV Act did not require the Federal 
agencies charged with administering the transition to develop a program 
to assist consumers with attaching the converter boxes to their sets. 
By contrast, in the United Kingdom, there is an assistance program, 
known as ``Help Scheme,'' that will assist a many as 7 million 
households with selecting, installing, and using DTV equipment.
  Unfortunately, in the remaining time before the transition, we are 
not going to be able to replicate the United Kingdom's consumer 
assistance plan. But, we may be able to take small steps that can help 
consumers.
  My legislation is one such step. It simply allows the FCC to permit 
analog television signals to be broadcast for thirty days after the 
transition so that, at a minimum, one station in a market can send a 
signal explaining what has happened to a consumer's television signal 
and how to restore that signal. Far more importantly, it will allow the 
broadcast of emergency information so that people are aware of 
impending storms, floods, or other emergencies.
  This was done in the Wilmington television market and people found it 
to be beneficial. A hurricane almost hit Wilmington around the time of 
its DTV transition. Because it was a test market, the government would 
have had the luxury of postponing the transition if a hurricane struck 
the region. On February 18, 2009, Americans left in the dark will not 
have that luxury. They would not know if a Nor'easter is on its way, or 
catastrophic flooding is occurring, or if a terrorist has once again 
truck our Nation.
  We cannot let that happen. We must pass this legislation before we 
adjourn for the year.
                                 ______
                                 
      By Mr. AKAKA (for himself and Mr. Pryor):
  S. 3665. A bill to amend chapter 63 of title 5, United States Code, 
to modify the rate of accrual of annual leave for administrative law 
judges, contract appeals board members, and immigration judges; to the 
Committee on Homeland Security and Governmental Affairs.
  Mr. AKAKA. Mr. President, today I rise to introduce a bill to enhance 
the annual leave for Administrative Law Judges, Contract Board of 
Appeals Judges, and Immigration Law Judges in the Federal Government. I 
want to thank Senator Pryor for his support of this bill.
  Prior to 2004 Federal employees with less than three years of Federal 
service accrued annual leave at a rate of 4 hours per biweekly pay 
period. Employees with 3 to 15 years of service accrued leave at a rate 
of 6 hours per pay period, and those with over 15 years of service 
accrued leave at a rate of 8 hours.
  As part of the Federal Workforce Flexibility Act of 2004, Congress 
changed the leave accrual rate for new mid-career employees, allowing 
agency heads to deem a period of qualified non-federal career 
experience for an individual an equal period of service performed by 
Federal employee. In addition, the act stated that all senior 
executives and other senior level employees shall accrue annual leave 
at the maximum rate of 8 hours for each bi-weekly pay period.
  In the past, ALJs, CBAJs, IJs and members of the Senior Executive 
Service have been treated similarly. However, the Office of Personnel 
Management is now taking the position that these judges should not 
receive the same leave benefits as members of the SES since they are 
not under a pay for performance system. In addition to my general 
concerns over pay for performance, I believe it is inappropriate for 
ALJs, CBAJs, and IJs to be in such a system as it could threaten their 
independence. In fact, ALJs and CBAJs are not allowed to receive bonus 
awards for this very reason.
  Given the shortage of ALJs to adjudicate social security benefits and 
the need to recruit more immigrations judges, I believe that Congress 
should act to provide these judges with enhanced leave benefits.
  I am pleased that this bill has the support of the Association of 
Administrative Law Judges, the International

[[Page 23648]]

Federation of Professional and Technical Engineers, the National 
Association of Immigration Judges, and the Senior Executives 
Association.
  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. 3665

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

     SECTION 1. ACCRUAL RATE OF ANNUAL LEAVE FOR ADMINISTRATIVE 
                   LAW JUDGES, CONTRACT APPEALS BOARD MEMBERS, AND 
                   IMMIGRATION JUDGES.

       (a) In General.--Section 6303 of title 5, United States 
     Code, is amended by striking subsection (f) and inserting the 
     following:
       ``(f) Notwithstanding any other provision of this section, 
     the rate of accrual of annual leave under subsection (a) 
     shall be 1 day for each full biweekly pay period in the case 
     of any employee who--
       ``(1) holds a position which is subject to--
       ``(A) section 5372, 5372a, 5376, or 5383; or
       ``(B) a pay system equivalent to a pay system to which any 
     provision under paragraph (1) applies, as determined by the 
     Office of Personnel Management; or
       ``(2) is an immigration judge as defined under section 
     101(b)(4) of the Immigration and Nationality Act (8 U.S.C. 
     1101(b)(4)).''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the first day of the first applicable 
     pay period beginning on or after 30 days after the date of 
     enactment of this Act.
                                 ______
                                 
      By Ms. KLOBUCHAR (for herself and Mr. Hatch):
  S. 3666. A bill to require certain metal recyclers to keep records of 
their transactions in order to deter individuals and enterprises 
engaged in theft and interstate fencing of stolen copper, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Mr. HATCH. Mr. President, I rise today to introduce with my friend 
from Minnesota, Senator Amy Klobuchar, the Copper Theft Prevention Act 
of 2008. I am pleased to be working with Senator Klobuchar on this 
initiative to curb copper theft, which is on the rise in our country 
and around the world.
  We are living in tough economic times where the value of precious 
metals is at an all time high. Due to worldwide economic growth, 
particularly in fast-growing China, copper is worth between $3 to $4 a 
pound. Copper is used in the manufacturing of consumer goods, and the 
construction, electric utility, and telecommunications industries. 
Because of the metal's high ductility, malleability, and electrical 
conductivity, copper has become the benchmark for all types of wiring.
  Stolen copper can easily be turned into cash and a very small 
percentage of people who steal copper are actually caught. It's no 
wonder why thieves are stealing copper in every form--costing Americans 
hundreds of thousands of dollars in theft, damage, and threats to 
safety.
  To steal a large amount of copper quickly and safely, thieves target 
spools on the back of trucks and storage yards. This was evidenced 
several months ago in Ogden, Utah, when a thief stole a 1,700-pound 
load of copper from a metal yard apparently using the metal company's 
Caterpillar excavator to load it into his truck. I am aware of another 
occurrence in Utah County where a man was arrested for repeatedly 
stealing copper wiring nearly every week from a construction company. 
The thief would load his truck with the wire, then sell it anywhere 
between $800 and $1,200. The actual value of the wire is more than 
$18,000.
  Some of the most dangerous places to steal copper wire are from 
substations and from utility poles. According to an April 2007 report 
published by the U.S. Department of Energy entitled, ``An Assessment of 
Copper Wire Thefts from Electric Utilities,'' thefts at substations and 
utility poles are

       related to the large number of methamphetamine users who 
     are stealing copper wire. Medical studies have shown that 
     this drug reduces the ability of the brain to assess risk 
     before taking action; hence users of this drug are not 
     concerned about the risks involved in stealing wire from high 
     voltage substations, utility wires, and transformers. The 
     people who risk their life to steal copper wire from a 
     substation typically only receive a few hundred dollars from 
     the sale of the stolen wire, sufficient for the next drug 
     fix. Thefts from storage sites and trucks are most likely 
     done by professional criminal and not the drug abusers. 
     Storage sites and trucks are also more difficult to break 
     into than an unguarded substation or utility pole.

  We must cut off the incentives that fuel such blatant criminal 
activity, and I believe the proposed legislation goes a long way in 
accomplishing this goal. Under the proposed bill, scrap metal dealers 
would be: required to keep records of copper transactions, including 
the name and address of the seller, the date of the transaction, the 
quantity and description of the copper being purchased, an identifying 
number from a driver's license or other government-issued 
identification and, where possible, the make, model and tag number of 
the vehicle used to deliver the copper to the scrap dealer.
  Required to maintain these records for a minimum of 1 year from the 
date of the transaction and make them available to law enforcement 
agencies for use in tracking down and prosecuting copper theft crimes.
  Required to perform transactions of more than $250 by check, rather 
than cash.
  Subject to civil penalties of up to $10,000 for failing to document a 
transaction or engaging in cash transactions of more than $250.
  Let me be clear--the bill does not preempt States from enacting their 
own laws. Indeed, the proposed legislation provides a baseline from 
which all States must operate.
  On this point, Utah law currently requires anyone selling certain 
metals to provide identification before the sale is final. Some in Utah 
would like to tighten the law to include additional regulation and 
legislators would not be precluded from doing so. Indeed, States can 
enact more robust legislation as necessary.
  I am committed to moving this legislation forward and hope that my 
colleagues will join our effort to refine and enact this important bill 
as it moves through the legislative process.
                                 ______
                                 
      By Mr. BIDEN:
  S. 3668. A bill to create a grant program for collaboration programs 
that ensure coordination among criminal justice agencies, adult 
protective services agencies, victim assistance programs, and other 
agencies or organizations providing services to individuals with 
disabilities in the investigation and response to abuse of or crimes 
committed against such individuals; to the Committee on the Judiciary.
  Mr. BIDEN. Mr. President, I rise today to introduce the Crime Victims 
with Disabilities Act of 2008.
  Adults with disabilities experience violence or abuse at least twice 
as often as people without disabilities, and adults with developmental 
disabilities are at risk of being physically or sexually assaulted at 
rates four to ten times greater than other adults. In fact, an 
estimated 5 million crimes are committed annually against persons with 
developmental disabilities and an estimated 70 percent of these crimes 
are not reported.
  Adding insult to injury, individuals with disabilities suffer 
additional ``victimization'' within the justice system, due to lack of 
physical, programmatic, and communications accommodations needed for 
equal access.
  The Crime Victims with Disabilities Act takes a commonsense approach 
to fixing this problem by providing funds to increase the 
investigation, prosecution, and prevention of crimes against persons 
with disabilities and by facilitating collaboration among criminal 
justice agencies and other agencies and organizations that provide 
services to people with disabilities to improve services to those who 
are victimized.
  Collaboration among criminal justice agencies and agencies and 
organizations that provide services to individuals with disabilities is 
necessary to ensure that crimes are reported and investigated properly, 
prosecutors are properly trained, appropriate accommodations are 
provided to disabled victims, and communication between criminal 
justice agencies and organizations that provide services to individuals 
with disabilities is effective.
  The bill funds a modest grant program that would allow States, units 
of

[[Page 23649]]

local government, and Indian Tribes to develop programs to facilitate 
collaboration among criminal justice agencies and agencies and 
organizations that provide services to individuals with disabilities 
for these purposes. The bill authorizes $50,000 for each planning grant 
and $300,000 for each implementation grant for a total authorization 
for the grant program of $10 million for the first year.
  The bill also authorizes $4 million over 4 years to fund research to 
assist the Attorney General in collecting valid, reliable national data 
relating to crimes against individuals with developmental and related 
disabilities for the National Crime Victims Survey conducted by the 
Bureau of Justice Statistics of the Department of Justice as required 
by the Crime Victims with Disabilities Awareness Act. Currently, the 
Bureau of Justice Statistics does not specifically collect this data, 
leaving many crimes against persons with disabilities unreported in the 
survey and making it difficult to address this problem adequately.
  The Association of University Centers on Disabilities, the National 
Center for Victims of Crime, the National Council on Independent 
Living, the National Disability Rights Network, the National Child 
Abuse Coalition, Easter Seals, the Arc of the United States, and United 
Cerebral Palsy have endorsed the bill. I hope my colleagues will join 
me in supporting this bill which will protect some of the most 
vulnerable members of our society--individuals with disabilities who 
are victims of crime.
  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. 3668

       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 ``Crime Victims with 
     Disabilities Act of 2008''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Adults with disabilities experience violence or abuse 
     at least twice as often as people without disabilities, and 
     adults with developmental disabilities are at risk of being 
     physically or sexually assaulted at rates four to ten times 
     greater than other adults.
       (2) Individuals with disabilities suffer from additional 
     ``victimization'' within the justice system, due to lack of 
     physical, programmatic, and communications accommodations 
     needed for equal access.
       (3) Women with disabilities are more likely to be 
     victimized, to experience more severe and prolonged violence, 
     and to suffer more serious and chronic effects from that 
     violence, than women without such disabilities.
       (4) Sixty-eight to 83 percent of women with developmental 
     disabilities will be sexually assaulted in their lifetime.
       (5) An estimated 5,000,000 crimes are committed against 
     individuals with developmental disabilities annually.
       (6) Over 70 percent of crimes committed against individuals 
     with developmental disabilities are not reported.
       (7) Studies in the United States, Canada, Australia, and 
     Great Britain consistently show that victims with 
     developmental disabilities suffer repeated victimization 
     because so few of the crimes against them are reported.
       (8) The National Crime Victims Survey conducted annually by 
     the Bureau of Justice Statistics of the Department of 
     Justice, does not specifically collect data relating to 
     crimes against individuals with developmental disabilities, 
     nor do they use disability as a demographic variable as they 
     use other important demographic variables, such as gender, 
     age, and racial and ethnic membership.

     SEC. 3. PURPOSE.

       (a) In General.--The purpose of this Act is to increase the 
     awareness, investigation, prosecution, and prevention of 
     crimes against individuals with a disability, including 
     developmental disabilities, and improve services to those who 
     are victimized, by facilitating collaboration among the 
     criminal justice system and a range of agencies and other 
     organizations that provide services to individuals with 
     disabilities.
       (b) Need for Collaboration.--Collaboration among the 
     criminal justice system and agencies and other organizations 
     that provide services to individuals with disabilities is 
     needed to--
       (1) protect individuals with disabilities by ensuring that 
     crimes are reported, and that reported crimes are actively 
     investigated by both law enforcement agencies and agencies 
     and other organizations that provide services to individuals 
     with disabilities;
       (2) provide prosecutors and victim assistance organizations 
     with adequate training to ensure that crimes against 
     individuals with disabilities are appropriately and 
     effectively addressed in court;
       (3) identify and ensure that appropriate reasonable 
     accommodations are provided to individuals with disabilities 
     in a safe and conducive environment, allowing crimes to be 
     reported accurately to law enforcement agencies; and
       (4) promote communication among criminal justice agencies, 
     and agencies and other organizations that provide services to 
     individuals with disabilities, including Victim Assistance 
     Organizations, to ensure that the needs of crime victims with 
     disabilities are met.

     SEC. 4. DEPARTMENT OF JUSTICE CRIME VICTIMS WITH DISABILITIES 
                   COLLABORATION PROGRAM.

       The Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.) is amended by adding at the end the 
     following:

    ``PART JJ--GRANTS TO RESPOND TO CRIMES AGAINST INDIVIDUALS WITH 
                              DISABILITIES

     ``SEC. 3001. CRIME VICTIMS WITH DISABILITIES COLLABORATION 
                   PROGRAM GRANTS.

       ``(a) Definitions.--In this section:
       ``(1) Applicant.--The term `applicant' means a State, unit 
     of local government, Indian tribe, or tribal organization 
     that applies for a grant under this section.
       ``(2) Collaboration program.--The term `collaboration 
     program' means a program to ensure coordination between or 
     among a criminal justice agency, an adult protective services 
     agency, a victim assistance organization, and an agency or 
     other organization that provides services to individuals with 
     disabilities, including but not limited to individuals with 
     developmental disabilities, to address crimes committed 
     against individuals with disabilities and to provide services 
     to individuals with disabilities who are victims of crimes.
       ``(3) Criminal justice agency.--The term `criminal justice 
     agency' means an agency of a State, unit of local government, 
     Indian tribe, or tribal organization that is responsible for 
     detection, investigation, arrest, enforcement, adjudication, 
     or incarceration relating to the violation of the criminal 
     laws of that State, unit of local government, Indian tribe, 
     or tribal organization, or an agency contracted to provide 
     such services.
       ``(4) Adult protective services agency.--The term `adult 
     protective services agency' means an agency that provides 
     adult protective services to adults with disabilities, such 
     as the protection and advocacy systems established under 
     section 143 of the Developmental Disabilities Assistance and 
     Bill of Rights Act of 2000 (42 U.S.C. 15043), including--
       ``(A) receiving reports of abuse, neglect, or exploitation;
       ``(B) investigating the reports described in subparagraph 
     (A);
       ``(C) case planning, monitoring, evaluation, and other 
     casework and services; and
       ``(D) providing, arranging for, or facilitating the 
     provision of medical, social service, economic, legal, 
     housing, law enforcement, or other protective, emergency, or 
     support services for adults with disabilities.
       ``(5) Day program.--The term `day program' means a 
     government or privately funded program that provides care, 
     supervision, social opportunities, or jobs to individuals 
     with disabilities.
       ``(6) Implementation grant.--The term `implementation 
     grant' means a grant under subsection (e).
       ``(7) Individuals with disabilities.--The term `individuals 
     with disabilities' means individuals--
       ``(A) 18 years of age or older; and
       ``(B) who have a developmental, cognitive, physical, or 
     other disability that results in substantial functional 
     limitations in 1 or more of the following areas of major life 
     activity:
       ``(i) Self-care.
       ``(ii) Receptive and expressive language.
       ``(iii) Learning.
       ``(iv) Mobility.
       ``(v) Self-direction.
       ``(vi) Capacity for independent living.
       ``(vii) Economic self-sufficiency.
       ``(viii) Cognitive functioning.
       ``(ix) Emotional adjustment.
       ``(8) Planning grant.--The term `planning grant' means a 
     grant under subsection (f).
       ``(9) Secretary.--The term `Secretary' means the Secretary 
     of Health and Human Services.
       ``(10) Unit of local government.--The term `unit of local 
     government' means any city, county, township, town, borough, 
     parish, village, or other general purpose political 
     subdivision of a State.
       ``(b) Authorization.--In consultation with the Secretary, 
     the Attorney General may make grants to applicants to prepare 
     a comprehensive plan for or to implement a collaboration 
     program that provides for--
       ``(1) the investigation and remediation of instances of 
     abuse of or crimes committed against individuals with 
     disabilities; or
       ``(2) the provision of services to individuals with 
     disabilities who are the victims of a crime or abuse.
       ``(c) Use of Funds.--A grant under this section shall be 
     used for a collaborative program that--

[[Page 23650]]

       ``(1) receives reports of abuse of individuals with 
     disabilities or crimes committed against such individuals;
       ``(2) investigates and evaluates reports of abuse of or 
     crimes committed against individuals with disabilities;
       ``(3) visits the homes or other locations of abuse, and, if 
     applicable, the day programs of individuals with disabilities 
     who have been victims of abuse or a crime for purposes of, 
     among other things, assessing the scene of the abuse and 
     evaluating the condition and needs of the victim;
       ``(4) identifies the individuals responsible for the abuse 
     of or crimes committed against individuals with disabilities;
       ``(5) remedies issues identified during an investigation 
     described in paragraph (2);
       ``(6) prosecutes the perpetrator, where appropriate, of any 
     crime identified during an investigation described in 
     paragraph (2);
       ``(7) provides services to and enforces statutory rights of 
     individuals with disabilities who are the victims of a crime; 
     and
       ``(8) develops curricula and provides interdisciplinary 
     training for prosecutors, criminal justice agencies, 
     protective service agencies, victims assistance agencies, 
     educators, community based providers and health, mental 
     health, and allied health professionals in the area of 
     disabilities, including developmental disabilities.
       ``(d) Applications.--
       ``(1) In general.--To receive a planning grant or an 
     implementation grant, an applicant shall submit an 
     application to the Attorney General at such time, in such 
     manner, and containing such information as the Attorney 
     General, in consultation with the Secretary, may reasonably 
     require, in addition to the information required by 
     subsection (e)(1) or (f)(1), respectively.
       ``(2) Combined planning and implementation grant 
     application.--
       ``(A) In general.--The Attorney General, in consultation 
     with the Secretary, shall develop a procedure allowing an 
     applicant to submit a single application requesting both a 
     planning grant and an implementation grant.
       ``(B) Conditional grant.--The award of an implementation 
     grant to an applicant submitting an application under 
     subparagraph (A) shall be conditioned on successful 
     completion of the activities funded under the planning grant, 
     if applicable.
       ``(e) Planning Grants.--
       ``(1) Applications.--An application for a planning grant 
     shall include, at a minimum--
       ``(A) a budget;
       ``(B) a budget justification;
       ``(C) a description of the outcome measures that will be 
     used to measure the effectiveness of the program;
       ``(D) a schedule for completing the activities proposed in 
     the application;
       ``(E) a description of the personnel necessary to complete 
     activities proposed in the application; and
       ``(F) provide assurances that program activities and 
     locations are and will be in compliance with section 504 of 
     the Rehabilitation Act of 1973 throughout the grant period.
       ``(2) Period of grant.--A planning grant shall be made for 
     a period of 1 year, beginning on the first day of the month 
     in which the planning grant is made.
       ``(3) Amount.--The amount of planning grant shall not 
     exceed $50,000, except that the Attorney General may, for 
     good cause, approve a grant in a higher amount.
       ``(4) Limit on number.--The Attorney General, in 
     consultation with the Secretary, shall not make more than 1 
     such planning grant to any State, unit of local government, 
     Indian tribe, or tribal organization.
       ``(f) Implementation Grants.--
       ``(1) Implementation grant applications.--An application 
     for an implementation grant shall include the following:
       ``(A) Collaboration.--An application for an implementation 
     grant shall--
       ``(i) identify not fewer than 1 criminal justice 
     enforcement agency or adult protective services organization 
     and not fewer than 1 agency, crime victim assistance program, 
     or other organization that provides services to individuals 
     with disabilities, such as the protection and advocacy 
     systems established under section 143 of the Developmental 
     Disabilities Assistance and Bill of Rights Act of 2000 (42 
     U.S.C. 15043), that will participate in the collaborative 
     program; and
       ``(ii) describe the responsibilities of each participating 
     agency or organization, including how each agency or 
     organization will use grant funds to facilitate improved 
     responses to reports of abuse and crimes committed against 
     individuals with disabilities.
       ``(B) Guidelines.--An application for an implementation 
     grant shall describe the guidelines that will be developed 
     for personnel of a criminal justice agency, adult protective 
     services organization, crime victim assistance program, and 
     agencies or other organizations responsible for services 
     provided to individuals with disabilities to carry out the 
     goals of the collaborative program.
       ``(C) Financial.--An application for an implementation 
     grant shall--
       ``(i) explain why the applicant is unable to fund the 
     collaboration program adequately without Federal funds;
       ``(ii) specify how the Federal funds provided will be used 
     to supplement, and not supplant, the funding that would 
     otherwise be available from the State, unit of local 
     government, Indian tribe, or tribal organization; and
       ``(iii) outline plans for obtaining necessary support and 
     continuing the proposed collaboration program following the 
     conclusion of the grant under this section.
       ``(D) Outcomes.--An application for an implementation grant 
     shall--
       ``(i) identify the methodology and outcome measures, as 
     required by the Attorney General, in consultation with the 
     Secretary, for evaluating the effectiveness of the 
     collaboration program, which may include--

       ``(I) the number and type of agencies participating in the 
     collaboration;
       ``(II) any trends in the number and type of cases referred 
     for multidisciplinary case review;
       ``(III) any trends in the timeliness of law enforcement 
     review of reported cases of violence against individuals with 
     a disability; and
       ``(IV) the number of persons receiving training by type of 
     agency;

       ``(ii) describe the mechanisms of any existing system to 
     capture data necessary to evaluate the effectiveness of the 
     collaboration program, consistent with the methodology and 
     outcome measures described in clause (i) and including, where 
     possible, data regarding--

       ``(I) the number of cases referred by the adult protective 
     services agency, or other relevant agency, to law enforcement 
     for review;
       ``(II) the number of charges filed and percentage of cases 
     with charges filed as a result of such referrals;
       ``(III) the period of time between reports of violence 
     against individuals with disabilities and law enforcement 
     review; and

       ``(IV) the number of cases resulting in criminal 
     prosecution, and the result of each such prosecution; and

       ``(iii) include an agreement from any participating or 
     affected agency or organization to provide the data described 
     in clause (ii).
       ``(E) Form of data.--The Attorney General, in consultation 
     with the Secretary, shall promulgate and supply a common 
     electronic reporting form or other standardized mechanism for 
     reporting of data required under this section.
       ``(F) Collaboration set aside.--Not less than 5 percent and 
     not more than 10 percent of the funds provided under an 
     implementation grant shall be set aside to procure technical 
     assistance from any recognized State model program or from a 
     recognized national organization, as determined by the 
     Attorney General (in consultation with the Secretary), 
     including the National District Attorneys Association and the 
     National Adult Protective Services Association.
       ``(G) Other programs.--An applicant for an implementation 
     grant shall describe the relationship of the collaboration 
     program to any other program of a criminal justice agency or 
     other agencies or organizations providing services to 
     individuals with disabilities of the State, unit of local 
     government, Indian tribe, or tribal organization applying for 
     an implementation grant.
       ``(2) Period of grant.--
       ``(A) In general.--An implementation grant shall be made 
     for a period of 2 years, beginning on the first day of the 
     month in which the implementation grant is made.
       ``(B) Renewal.--An implementation grant may be renewed for 
     1 additional period of 2 years, if the applicant submits to 
     the Attorney General and the Secretary a detailed explanation 
     of why additional funds are necessary.
       ``(3) Amount.--An implementation grant shall not exceed 
     $300,000.
       ``(g) Evaluation of Program Efficacy.--
       ``(1) Establishment.--The Attorney General, in consultation 
     with the Secretary, shall establish a national center to 
     evaluate the overall effectiveness of the collaboration 
     programs funded under this section.
       ``(2) Responsibilities.--The national center established 
     under paragraph (1) shall--
       ``(A) analyze information and data supplied by grantees 
     under this section; and
       ``(B) submit an annual report to the Attorney General and 
     the Secretary that evaluates the number and rate of change of 
     reporting, investigation, and prosecution of charges of a 
     crime or abuse against individuals with disabilities.
       ``(3) Authorization.--The Attorney General may use not more 
     than $500,000 of amounts made available under subsection (h) 
     to carry out this subsection.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Department of Justice to 
     carry out this section--
       ``(1) $10,000,000 for fiscal year 2009; and
       ``(2) such sums as are necessary for each of fiscal years 
     2010 through 2015.''.

     SEC. 5. RESEARCH GRANT AND REPORT.

       (a) In General.--The purpose of this section is to provide 
     for research to assist the Attorney General in collecting 
     valid, reliable national data relating to crimes against 
     individuals with developmental and related disabilities for 
     the National Crime Victims Survey conducted by the Bureau of 
     Justice Statistics of the Department of Justice as

[[Page 23651]]

     required by the Crime Victims with Disabilities Awareness 
     Act.
       (b) National Interdisciplinary Advisory Council.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall establish a national interdisciplinary 
     advisory council (referred to in this section as the 
     ``advisory council''), that includes individuals with 
     disabilities, which shall provide input into the 
     methodologies used to collect valid, reliable national data 
     on crime victims with developmental and related disabilities, 
     participate in reviewing the data collected through the 
     research grant program, and assist in writing the final 
     report.
       (2) Recommended methodology.--Not later than 6 months after 
     the establishment of the advisory council, the advisory 
     council shall provide to the Secretary of Health and Human 
     Services its recommended methodology for collecting incidence 
     data on violence against people with developmental and 
     related disabilities.
       (c) Research Grant Program.--Not later than 12 months after 
     the date of the enactment of this Act, the Secretary of 
     Health and Human Services shall--
       (1) review the methodology developed by the advisory 
     council related to collecting incidence data on violence 
     against people with developmental and related disabilities; 
     and
       (2) based on such review, shall award grants in accordance 
     with this section to eligible recipients, to collect valid, 
     reliable national data on crime victims with developmental 
     and related disabilities that can be validly compared to data 
     from the National Crime Victims Survey.
       (d) Report.--Not later than 12 months after the Secretary 
     of Health and Human Services awards the research grants under 
     subsection (c), the advisory council shall review the data 
     eligible recipients of the grants collected and write a 
     report to be presented to the Secretary of Health and Human 
     Services, the Attorney General, and the Bureau of Justice 
     Statistics.
       (e) Definitions.--
       (1) Eligible recipient.--The term ``eligible recipient'' 
     means--
       (A) a State agency;
       (B) a private, nonprofit organization;
       (C) a University Center for Excellence in Developmental 
     Disabilities; or
       (D) any public entity that has a demonstrated ability to--
       (i) collaborate with criminal justice, child welfare, and 
     other agencies and organizations that provide services to 
     individuals with disabilities, including victim assistance 
     and violence prevention organizations, to ensure that 
     incidence data can be aggregated to accurately show the 
     incidence of abuse of individuals with disabilities 
     nationally; and
       (ii) conduct research and collect data to measure the 
     extent of the problem of crimes against individuals with 
     developmental and related disabilities, including--

       (I) understanding the nature and extent of crimes against 
     individuals with developmental and related disabilities, 
     including domestic violence and all types of abuse;
       (II) describing the manner in which the justice system 
     responds to crimes against individuals with developmental and 
     related disabilities; and
       (III) identifying programs, policies, or laws that hold 
     promises for making the justice system more responsive to 
     crimes against individuals with developmental and related 
     disabilities.

       (2) Developmental disabilities.--The term ``developmental 
     disabilities'' has the meaning given that term in section 
     102(8) of the Developmental Disabilities Assistance and Bill 
     of Rights Act of 2000 (42 U.S.C. 15002(8)).
       (3) Related disabilities.--The term ``related 
     disabilities'' means autism spectrum disorders, cerebral 
     palsy, spina bifida, epilepsy, traumatic brain injury, or 
     other lifelong disabilities that are acquired prior to the 
     age of 21.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $1,000,000 for 
     each of fiscal years 2009 through 2012.
                                 ______
                                 
      By Mr. VOINOVICH:
  S. 3669. A bill to reduce gas prices by promoting domestic energy 
production, alternative energy, and conservation, and for other 
purposes; to the Committee on Energy and Natural Resources.
  Mr. VOINOVICH. Mr. President, I rise today to introduce legislation, 
the Harmonizing America's Energy, Economy, Environment, and National 
Security Act, that I believe can lead our Nation out of the current 
energy crisis.
  Much of the Nation's attention has understandably been focused on the 
financial turmoil taking place on Wall Street. Since the very 
beginning, I have been hard at work in addressing the financial crisis 
and I will be supporting the economic stabilization bill when the 
Senate votes tonight.
  But I will vote with a heavy heart, for I have spent my entire career 
focusing on eliminating debt at the local, State and Federal level. 
While deciding to vote for a package of this magnitude feels like being 
punched in the gut, the thought of what would happen to average 
Americans if we did nothing is much more painful. I am, however, very 
pleased to see that any profit we may make off this deal will be used 
to pay down the national debt.
  This is affecting not only Wall Street but Main Street and my street. 
Ohioans depend on credit to buy a home, drive to work and send their 
children to school. If this doesn't pass, the possible ramifications 
are staggering. Imagine if you can, businesses laying off staff or 
closing completely because they can't make payroll; retirement funds 
that have already taken a dramatic hit being reduced to nothing; 
parents unable to get a loan to pay for child's college tuition; 
families unable to get credit for a car or a house; cities unable to 
float bonds to build hospitals or schools; and home prices continuing 
to plummet.
  We must act Mr. President. We must set aside our differences and our 
ideologies and do what is right. But our work cannot stop here. We must 
make a full-court press to stabilize the housing market and secure our 
energy supplies. While we have been debating and acting on the 
financial crisis, our energy crisis has not only continued, but in many 
ways grown worse. It remains an issue that needs to be addressed sooner 
rather than later, and if our economy is to quickly recover, a 
comprehensive energy policy will need to be part of the equation.
  I have heard loud and clear from thousands of Ohioans how this energy 
crisis is directly affecting them and their loved ones. They are 
expecting that we work together in bipartisan fashion to craft 
legislation that will address our Nation's long-term energy 
requirements.
  Take for example, the severe fuel supply disruption created by our 
shortsighted offshore drilling policy and hurricanes Ike and Gustav. 
Both hurricanes followed paths that paved straight through the heart of 
our Nation's offshore oil production and home to the bulk of our 
refining capacity. Due to the frequency of gulf hurricanes, many oil 
experts have pointed to this as a reason we need to open additional 
areas of the Outer Continental Shelf outside of the Gulf of Mexico. 
With 25 percent of our oil production currently taking place within the 
Gulf of Mexico, gulf hurricanes frequently lead to wild price spikes in 
the gasoline market as oil rigs and refineries are taken off line to 
avoid damage and loss of life.
  According to the Energy Information Agency, Ike and Gustav lead to a 
25 percent drop in our domestic oil production compared to this time 
last year, from 5.1 billion barrels a day to 3.8 billion barrels per 
day. The loss in refining capacity cut our gasoline inventories to 
levels we have not seen since 1967, resulting in widespread fuel 
shortages that left many in the Southeast driving from gas station to 
gas station, desperate to find fuel for their cars. Much of the reason 
why these supply disruptions have not spread across the country is that 
we have reached out and imported large quantities of gasoline from 
overseas. Some of which has undoubtedly come from countries like 
Venezuela, that do not have our best interests at heart.
  This situation is cause for concern in its own right, but is also 
underscored by the current financial crisis and the fact that this is 
no longer a question about the price of oil. Energy security is a 
matter of national security.
  We have clearly ignored our financial situation for far too long. The 
national debt stands at $9.6 trillion, almost double the $5.4 trillion 
debt that existed when the senator came to the Senate in 1999. By the 
end of 2009, the national debt is expected to have grown to $10.5 
trillion. The Congressional Budget Office said the Federal Government 
will finish the fiscal year with a near-record deficit of $407 billion. 
These numbers do not include borrowing from the Social Security Trust 
Fund which would put the overall number close to $600 billion and $700 
billion by next year.
  We cannot overlook our ballooning national debt. Today, 51 percent of 
the

[[Page 23652]]

privately-owned national debt is held by foreign creditors--mostly 
foreign central banks. Foreign creditors provided more than 70 percent 
of the funds that the U.S. has borrowed since 2001, according to the 
Department of Treasury. And who are these creditors?
  According to the Treasury Department, the three largest foreign 
holders of U.S. debt are China, Japan, and OPEC Nations.
  This is insane and it has to stop. We cannot afford to allow the 
countries that control our oil and our debt to control our future.
  Americans are hurting from our addiction to oil, I'm not sure they 
fully realize the extent our national security, and indeed our very way 
of life, is threatened by our reliance on foreign oil.
  Every year we send billions of dollars overseas for oil to pad the 
coffers of many Nations that wish our demise. In fact, in 2007, we 
spent more than $327 billion to import oil, and 60 percent of that, or 
nearly $200 billion, went to the oil-exporting OPEC nations. In 2008, 
the amount we will spend to import oil is expected to double to more 
than $600 billion, $360 billion of which will come from OPEC. Let's 
take a moment to put those import figures into context. When compared 
to our FY2008 budget for our Nation's defense, which was more than $693 
billion, the $600 billion we will spend to import oil in 2008 is nearly 
equal to our entire defense budget.
  There is no question that our dependence on foreign oil has serious 
national security implications. In addition to funding our enemies--as 
I just explained--we cannot ignore the fact that much of our oil comes 
from and travels through the most volatile regions of the world.
  A couple of years ago, I attended a series of war games hosted by the 
National Defense University. I saw firsthand how our country's economy 
could be brought to its knees if somebody cut off our oil.
  In 2006, Hillard Huntington, Executive Director of Stanford 
University's Energy Modeling Forum testified before the Senate Foreign 
Relations Committee, and based on his modeling, ``the odds of a foreign 
oil disruption happening over the next 10 years are slightly higher 
[than] 80 percent.'' He went on to testify that if global production 
were reduced by merely 2.1 percent due to some event, that it would 
have a more serious effect on oil prices and the economy than 
hurricanes Katrina and Rita.
  Let us take a moment to think of our Nation like a business. Our 
feedstock is oil, and our of competitors control the cost of our oil. 
We have debt, but our competitors also control our debt. What's to keep 
our competitors from raising prices, calling in our debt and running us 
out of business?
  I hope this scenario scares you as much as it scares me.
  But also keep in mind, that as Congress sat here and twiddle its 
thumbs over simply expanding domestic drilling within our own borders, 
Russia and China were actively and aggressively laying claim to energy 
resources around the globe.
  Russia, the world's second biggest oil exporter, has its sights on a 
large section of the Arctic seafloor that is believed to contain 
billion of barrels of fuel equivalent. The country has also made moves 
to control a larger portion of the world's natural gas reserves. 
Russia, which has significant reserves of natural gas, is considering 
the creation of a natural gas cartel similar to OPEC. Venezuela and 
Iran have expressed interest.
  Russia has proven it has no qualms with using energy as a weapon. In 
1990, Russia tried to suppress independence movements in the Baltics by 
cutting energy supplies. In all, Russia has used energy as a tool to 
further their foreign policy goals on no less than six countries. 
Energy is believed to be one of the driving reasons for Russia's 
military action in the independent nation of Georgia.
  China as well is moving ahead in securing its energy future. In 
Africa, China is handing out loans and funding expansive infrastructure 
projects in an effort to lay claim to lucrative oil reserves. With the 
help of Chinese investment, Angola recently passed Nigeria to become 
the largest petroleum producer on the continent.
  I am going to be brutally honest with you folks, the future of our 
country is in jeopardy. We cannot continue to transfer our wealth 
overseas to this degree without expecting serious consequences. Rather 
than addressing these national security concerns we have been living 
the life of Riley, and allowed the environmental movement to run wild.
  Congress let them get away with. We let them get away with it Mr. 
President. Why? Because oil was cheap and so Congress felt no urgency 
to act. Well, oil is not cheap anymore. While detrimental to our 
economy and competitiveness, the high price of oil finally spurred some 
of my colleagues into action and I am proud that Congress has taken 
some steps to address the energy crisis.
  The recently passed fiscal year 2009 Continuing Resolution removed 
the moratoria on oil exploration in the Outer Continental Shelf and 
moratorium on regulations for the development of oil shale. Reserves in 
the Outer Continental Shelf are believed to equal 8.5 billion barrels 
of oil, and undiscovered resources could equal ten times that. There 
are currently 800 billion barrels of technically recoverable reserves 
locked up in our Nation's oil shale. This is three times larger than 
the total proven oil reserves of Saudi Arabia.
  The Senate has also passed a tax extenders package that includes many 
incentives to develop advanced alternative energies that will lead our 
country to a future free of oil. Included in the package were popular 
tax credits for the wind and solar industry that have helped foster 
strong emerging industries in my home State of Ohio.
  Congress needs to continue to act. I believe the Harmonizing 
America's Energy, Economy, Environment, and National Security Act is 
the vehicle for a bipartisan effort to develop a meaningful 
comprehensive energy plan.
  Addressing this crisis requires nothing less than a Second 
Declaration of Independence--to move us away from foreign sources of 
energy in the near term and away from oil in the long term.
  As you know, oil is not easily found nor substituted, and it will 
remain an integral component to our economy in the short-term. But we 
must make investments today that will help us achieve our goal 
tomorrow. To do this I believe we must find more, use less, and 
conserve what we have.
  In order to find more and stabilize our Nation's energy supply, my 
legislation would encourage the development of oil resources within the 
Outer Continental Shelf and with regards to our oil shale reserves. It 
would also open ANWR to responsible development, where it is believed 
that there is over 10 billion barrels of oil.
  While these resources will not physically come online for a number of 
years, moves to expand development will send a clear signal to the 
market that we are serious about meeting our future energy demands and 
begin to drive down the cost of oil because investors will know that 
gas won't be worth as much in the future and will therefore sell it off 
today--lowering the cost immediately.
  And while we must increase our production of fossil fuels to relieve 
costs and reestablish our independence in the short term, in the long 
term we must reduce our demand for oil.
  With that goal in mind, it is essential that we explore alternative 
means to meet our Nation's energy needs.
  It is long past time for our government to provide the spark to 
rekindle our Nation's creativity and innovation. Following Russia's 
launch of Sputnik, President Kennedy challenged our country to be the 
first in the world to land a man on the moon. We must now undertake a 
similar Apollo-like project to establish clean, reliable and 
domestically abundant energy alternatives and in turn usher in a new 
era of American freedom and independence.
  My legislation would help to fund such a project by setting aside a 
portion of the federal revenues raised through lease revenues in the 
Outer

[[Page 23653]]

Continental Shelf and ANWR to be used for the development of advanced 
alternative energies, like wind, solar, fuel cells, advanced batteries, 
and advanced biofuels. It would also set aside funds to be explicitly 
to boost funding for the Low-Income Home Energy Assistance Program and 
to pay down our national debt.
  The bill will also repeal Section 526, a provision that places our 
domestic coal-to-liquid industry in jeopardy. We have the largest coal 
reserves in the world, and at current rates of consumption, U.S. coal 
deposits will last for more than 240 years.
  Coal can provide significant new supplies of affordable synthetic 
fuels for transportation. A lot of Americans don't understand that many 
country's get their oil from coal. In fact, South Africa gets nearly 70 
percent of their oil from coal. But we are beginning to make advances 
here. In fact, Baard Energy is planning a CTL and biomass facility in 
SE Ohio that will produce 53,000 BPD of jet and diesel fuel, and other 
liquid production from coal and biomass feedstocks.
  Last but not least, as we look to increase our supply and spark new 
innovation, we must also be more responsible with the energy we 
currently use. My legislation would fund the development of new 
conservation technologies and practices and would help to disseminate 
these across the country.
  Americans today demand action and they demand we come together in a 
bipartisan fashion to solve our energy crisis. For 10 years I have been 
a member of the Environmental and Public Works Committee and for 10 
years I have tried to coax Congress into harmonizing our energy, 
economy and the environment. Congress has refused and now the chickens 
have come home to roost.
  I believe that the best message we can send to OPEC, those investing 
in the oil market, and indeed the entire world, is that we get it. We 
must demonstrate that we are going to find more by going after every 
drop of oil that we can responsibly drill and that we are going to use 
less by undertaking a new Apollo project to make the U.S. the most oil 
independent nation in the world.
  I envision an America ten years from now where we have enough oil to 
take care of our needs. I imagine an America that is the least reliant 
country in the world on oil, an America where our economy is not 
threatened by our reliance on foreign energy sources. It will be an 
America that has created hundreds of thousands of jobs through the 
responsible development of our Nation's resources and the through the 
creation of new industries in the field of alternative energy.
  Wouldn't it be great for our children and grandchildren to one day 
celebrate the time America put aside its differences and came together 
to reaffirm its independence a second time and rekindled the American 
spirit of self reliance, innovation and creativity to usher in new era 
of prosperity?
  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. 3669

       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 
     ``Harmonizing America's Energy, Economy, Environment, and 
     National Security Act of 2008''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                  TITLE I--DOMESTIC ENERGY PRODUCTION

                  Subtitle A--Outer Continental Shelf

Sec. 101. Termination of prohibitions on expenditures for, and 
              withdrawals from, offshore and onshore leasing and other 
              limitations on energy production.
Sec. 102. Coordination with Secretary of Defense on leasing.
Sec. 103. Sharing of revenues.

       Subtitle B--Leasing Program for Land Within Coastal Plain

Sec. 111. Definitions.
Sec. 112. Leasing program for land within the Coastal Plain.
Sec. 113. Lease sales.
Sec. 114. Grant of leases by the Secretary.
Sec. 115. Lease terms and conditions.
Sec. 116. Coastal plain environmental protection.
Sec. 117. Rights-of-way and easements across coastal plain.
Sec. 118. Conveyance.
Sec. 119. Local government impact aid and community service assistance.
Sec. 120. Allocation of revenues.

                         Subtitle C--Oil Shale

Sec. 131. Removal of prohibition on final regulations for commercial 
              leasing program for oil shale resources on public land.

             TITLE II--ALTERNATIVE ENERGY AND CONSERVATION

 Subtitle A--Conservation Reserve and Renewable Energy Reserve Accounts

Sec. 201. Conservation Reserve and Renewable Energy Reserve Accounts.

Subtitle B--Department of Defense Facilitation of Secure Domestic Fuel 
                              Development

Sec. 211. Procurement and acquisition of alternative fuels.

                  TITLE I--DOMESTIC ENERGY PRODUCTION

                  Subtitle A--Outer Continental Shelf

     SEC. 101. TERMINATION OF PROHIBITIONS ON EXPENDITURES FOR, 
                   AND WITHDRAWALS FROM, OFFSHORE AND ONSHORE 
                   LEASING AND OTHER LIMITATIONS ON ENERGY 
                   PRODUCTION.

       (a) Prohibitions on Expenditures.--Notwithstanding any 
     other provision of law, all provisions of Federal law that 
     prohibit the expenditure of appropriated funds to conduct 
     natural gas, oil, oil shale, and other energy production 
     leasing, preleasing, and related activities on Federal land 
     shall have no force or effect with respect to the activities.
       (b) Revocation Withdrawals.--Notwithstanding any other 
     provision of law, all withdrawals of Federal submerged land 
     of the outer Continental Shelf from leasing (including 
     withdrawals by the President under section 12(a) of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1341(a)), are revoked 
     and are no longer in force or effect with respect to the 
     leasing of areas for exploration for, and development and 
     production of, natural gas and oil.
       (c) Gulf of Mexico Oil and Gas.--Section 104 of the Gulf of 
     Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; 
     Public Law 109-432) is repealed.
       (d) Conforming Amendments.--
       (1) Sections 104 and 105 of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2008 
     (Public Law 110-161; 121 Stat. 2118) are repealed.
       (2) Section 103(a) of the Gulf of Mexico Energy Security 
     Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is 
     amended by striking ``Except as provided in section 104, 
     the'' and inserting ``The''.

     SEC. 102. COORDINATION WITH SECRETARY OF DEFENSE ON LEASING.

       The Outer Continental Shelf Lands Act is amended by 
     inserting after section 9 (43 U.S.C. 1338) the following:

     ``SEC. 10. COORDINATION WITH SECRETARY OF DEFENSE ON LEASING.

       ``(a) In General.--The Secretary shall consult with the 
     Secretary of Defense regarding military operations needs for 
     the outer Continental Shelf.
       ``(b) Conflicts.--
       ``(1) In general.--The Secretary shall work with the 
     Secretary of Defense to resolve any conflict that may arise 
     between operations described in subsection (a) and leasing 
     under this Act.
       ``(2) Unresolved issues.--If the Secretary and the 
     Secretary of Defense are unable to resolve any conflict 
     described in paragraph (1), any unresolved issue shall be 
     referred by the Secretaries to the President in a timely 
     fashion for immediate resolution.''.

     SEC. 103. SHARING OF REVENUES.

       (a) In General.--Section 8(g) of the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1337(g)) is amended--
       (1) in paragraph (2), by striking ``(2) Notwithstanding'' 
     and inserting the following:
       ``(2) Disposition of revenues.--Except as provided in 
     paragraph (6) and notwithstanding'';
       (2) by redesignating paragraphs (6) and (7) as paragraphs 
     (7) and (8), respectively; and
       (3) by inserting after paragraph (5) the following:
       ``(6) Bonus bids and royalties under qualified leases.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Adjacent state.--The term `adjacent State' means, 
     with respect to any program, plan, lease sale, leased tract, 
     or other activity proposed, conducted, or approved pursuant 
     to this Act, any State the laws of which are declared, 
     pursuant to section 4(a)(2), to be the law of the United 
     States for the portion of the outer Continental Shelf on 
     which the program, plan, lease sale, leased tract, or 
     activity applies or is, or is proposed to be, conducted.
       ``(ii) Adjacent zone.--The term `adjacent zone' means, with 
     respect to any program, plan, lease sale, leased tract, or 
     other activity proposed, conducted, or approved pursuant to 
     this Act, the portion of the outer Continental Shelf for 
     which the laws of an adjacent State are declared, pursuant to 
     section 4(a)(2), to be the law of the United States.

[[Page 23654]]

       ``(iii) Producing state.--The term `producing State' means 
     an adjacent State having an adjacent zone containing leased 
     tracts from which are derived bonus bids and royalties under 
     a lease under this Act.
       ``(iv) Qualified lease.--The term `qualified lease' means a 
     natural gas or oil lease made available under this Act 
     granted after the date of enactment of the Harmonizing 
     America's Energy, Economy, Environment, and National Security 
     Act of 2008, for an area that is available for leasing as a 
     result of enactment of section 101 of that Act.
       ``(v) State.--The term `State' includes--

       ``(I) the Commonwealth of Puerto Rico; and
       ``(II) any other territory or possession of the United 
     States.

       ``(B) New leases.--Of amounts received by the United States 
     as bonus bids, royalties, rentals, and other sums collected 
     under any qualified lease on submerged land made available 
     for leasing under this Act by the enactment of section 101 of 
     the Harmonizing America's Energy, Economy, Environment, and 
     National Security Act of 2008 that are located within the 
     seaward boundaries of a State established under section 
     4(a)(2)(A)--
       ``(i) 27 percent shall be paid to producing States with 
     respect to that submerged land;
       ``(ii) 25 percent shall be deposited in the Conservation 
     Reserve Account established by section 201(a)(1) of the 
     Harmonizing America's Energy, Economy, Environment, and 
     National Security Act of 2008;
       ``(iii) 25 percent shall be deposited in the Renewable 
     Energy Reserve Account established by section 201(a)(2) of 
     that Act;
       ``(iv) 20 percent shall be deposited in the general fund of 
     the Treasury of the United States for debt reduction; and
       ``(v) subject to the availability of appropriations, 3 
     percent may be available to the Secretary of Health and Human 
     Services for carrying out the low-income home energy 
     assistance program established under the Low-Income Home 
     Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.).
       ``(C) Leased tract that lies partially within the seaward 
     boundaries of a state.--In the case of a leased tract that 
     lies partially within the seaward boundaries of a State, the 
     amount of bonus bids and royalties from the tract that is 
     subject to subparagraph (B) with respect to the State shall 
     be a percentage of the total amounts of bonus bids and 
     royalties from the tract that is equivalent to the total 
     percentage of the surface acreage of the tract that lies 
     within the seaward boundaries.
       ``(D) Application.--This paragraph applies to bonus bids 
     and royalties received by the United States under qualified 
     leases after September 30, 2008.''.
       (b) Establishment of State Seaward Boundaries.--Section 
     4(a)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 
     1333(a)(2)) is amended--
       (1) by striking ``(2)(A) To'' and inserting the following:
       ``(2) Laws of adjacent states; international boundary 
     disputes.--
       ``(A) Laws of adjacent states.--
       ``(i) In general.--To''; and
       (2) in subparagraph (A)--
       (A) in the first sentence, by striking ``, and the 
     President'' and all that follows through the end of the 
     sentence and inserting a period;
       (B) by inserting after clause (i) (as designated by 
     paragraph (1)) the following:
       ``(ii) Extended lines.--

       ``(I) In general.--Subject to subclauses (II) and (III), 
     the extended lines described in clause (i) shall be 
     considered to be indicated on the maps for each outer 
     Continental Shelf region entitled--

       ``(aa) `Alaska OCS Region State Adjacent Zone and OCS 
     Planning Areas';
       ``(bb) `Pacific OCS Region State Adjacent Zones and OCS 
     Planning Areas';
       ``(cc) `Gulf of Mexico OCS Region State Adjacent Zones and 
     OCS Planning Areas'; and
       ``(dd) `Atlantic OCS Region State Adjacent Zones and OCS 
     Planning Areas'.

       ``(II) Maps.--For the purpose of subclause (I), all of the 
     maps described in subclause (I) are dated September 2005 and 
     on file in the Office of the Director, Minerals Management 
     Service.
       ``(III) Gulf of mexico.--Subclause (I) shall not apply with 
     respect to the treatment under section 105 of the Gulf of 
     Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; 
     Public Law 109-432) of qualified outer Continental Shelf 
     revenues deposited and disbursed under section 105(a)(2) of 
     that Act.''; and

       (C) by striking ``All of such applicable laws'' and 
     inserting the following:
       ``(iii) Administration; enforcement.--The applicable laws 
     described in subparagraph (A)''.

       Subtitle B--Leasing Program for Land Within Coastal Plain

     SEC. 111. DEFINITIONS.

       In this subtitle:
       (1) Coastal plain.--The term ``Coastal Plain'' means that 
     area identified as the ``1002 Coastal Plain Area'' on the 
     map.
       (2) Federal agreement.--The term ``Federal Agreement'' 
     means the Federal Agreement and Grant Right-of-Way for the 
     Trans-Alaska Pipeline issued on January 23, 1974, in 
     accordance with section 28 of the Mineral Leasing Act (30 
     U.S.C. 185) and the Trans-Alaska Pipeline Authorization Act 
     (43 U.S.C. 1651 et seq.).
       (3) Final statement.--The term ``Final Statement'' means 
     the final legislative environmental impact statement on the 
     Coastal Plain, dated April 1987, and prepared pursuant to 
     section 1002 of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3142) and section 102(2)(C) of 
     the National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C)).
       (4) Map.--The term ``map'' means the map entitled ``Arctic 
     National Wildlife Refuge'', dated September 2005, and 
     prepared by the United States Geological Survey.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior (or the designee of the Secretary), acting 
     through the Director of the Bureau of Land Management in 
     consultation with the Director of the United States Fish and 
     Wildlife Service and in coordination with a State coordinator 
     appointed by the Governor of the State of Alaska.

     SEC. 112. LEASING PROGRAM FOR LAND WITHIN THE COASTAL PLAIN.

       (a) In General.--
       (1) Authorization.--Congress authorizes the exploration, 
     leasing, development, production, and economically feasible 
     and prudent transportation of oil and gas in and from the 
     Coastal Plain.
       (2) Actions.--The Secretary shall take such actions as are 
     necessary--
       (A) to establish and implement, in accordance with this 
     subtitle, a competitive oil and gas leasing program that will 
     result in an environmentally sound program for the 
     exploration, development, and production of the oil and gas 
     resources of the Coastal Plain while taking into 
     consideration the interests and concerns of residents of the 
     Coastal Plain, which is the homeland of the Kaktovikmiut 
     Inupiat; and
       (B) to administer this subtitle through regulations, lease 
     terms, conditions, restrictions, prohibitions, stipulations, 
     and other provisions that--
       (i) ensure the oil and gas exploration, development, and 
     production activities on the Coastal Plain will result in no 
     significant adverse effect on fish and wildlife, their 
     habitat, subsistence resources, and the environment; and
       (ii) require the application of the best commercially 
     available technology for oil and gas exploration, 
     development, and production to all exploration, development, 
     and production operations under this subtitle in a manner 
     that ensures the receipt of fair market value by the public 
     for the mineral resources to be leased.
       (b) Repeal.--
       (1) Repeal.--Section 1003 of the Alaska National Interest 
     Lands Conservation Act (16 U.S.C. 3143) is repealed.
       (2) Conforming amendment.--The table of contents contained 
     in section 1 of that Act (16 U.S.C. 3101 note) is amended by 
     striking the item relating to section 1003.
       (c) Compliance With Requirements Under Certain Other 
     Laws.--
       (1) Compatibility.--For purposes of the National Wildlife 
     Refuge System Administration Act of 1966 (16 U.S.C. 668dd et 
     seq.)--
       (A) the oil and gas pre-leasing and leasing program, and 
     activities authorized by this section in the Coastal Plain, 
     shall be considered to be compatible with the purposes for 
     which the Arctic National Wildlife Refuge was established; 
     and
       (B) no further findings or decisions shall be required to 
     implement that program and those activities.
       (2) Adequacy of the department of the interior's 
     legislative environmental impact statement.--The Final 
     Statement shall be considered to satisfy the requirements 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) that apply with respect to pre-leasing 
     activities, including exploration programs and actions 
     authorized to be taken by the Secretary to develop and 
     promulgate the regulations for the establishment of a leasing 
     program authorized by this subtitle before the conduct of the 
     first lease sale.
       (3) Compliance with nepa for other actions.--
       (A) In general.--Before conducting the first lease sale 
     under this subtitle, the Secretary shall prepare an 
     environmental impact statement in accordance with the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) with respect to the actions authorized by this subtitle 
     that are not referred to in paragraph (2).
       (B) Identification and analysis.--Notwithstanding any other 
     provision of law, in carrying out this paragraph, the 
     Secretary shall not be required--
       (i) to identify nonleasing alternative courses of action; 
     or
       (ii) to analyze the environmental effects of those courses 
     of action.
       (C) Identification of preferred action.--Not later than 18 
     months after the date of enactment of this Act, the Secretary 
     shall--
       (i) identify only a preferred action and a single leasing 
     alternative for the first lease sale authorized under this 
     subtitle; and
       (ii) analyze the environmental effects and potential 
     mitigation measures for those 2 alternatives.
       (D) Public comments.--In carrying out this paragraph, the 
     Secretary shall consider

[[Page 23655]]

     only public comments that are filed not later than 20 days 
     after the date of publication of a draft environmental impact 
     statement.
       (E) Effect of compliance.--Notwithstanding any other 
     provision of law, compliance with this paragraph shall be 
     considered to satisfy all requirements for the analysis and 
     consideration of the environmental effects of proposed 
     leasing under this subtitle.
       (d) Relationship to State and Local Authority.--Nothing in 
     this subtitle expands or limits any State or local regulatory 
     authority.
       (e) Special Areas.--
       (1) Designation.--
       (A) In general.--The Secretary, after consultation with the 
     State of Alaska, the North Slope Borough, Alaska, and the 
     City of Kaktovik, Alaska, may designate not more than 45,000 
     acres of the Coastal Plain as a special area if the Secretary 
     determines that the special area would be of such unique 
     character and interest as to require special management and 
     regulatory protection.
       (B) Sadlerochit spring area.--The Secretary shall designate 
     as a special area in accordance with subparagraph (A) the 
     Sadlerochit Spring area, comprising approximately 4,000 acres 
     as depicted on the map.
       (2) Management.--The Secretary shall manage each special 
     area designated under this subsection in a manner that--
       (A) respects and protects the Native people of the area; 
     and
       (B) preserves the unique and diverse character of the area, 
     including fish, wildlife, subsistence resources, and cultural 
     values of the area.
       (3) Exclusion from leasing or surface occupancy.--
       (A) In general.--The Secretary may exclude any special area 
     designated under this subsection from leasing.
       (B) No surface occupancy.--If the Secretary leases all or a 
     portion of a special area for the purposes of oil and gas 
     exploration, development, production, and related activities, 
     there shall be no surface occupancy of the land comprising 
     the special area.
       (4) Directional drilling.--Notwithstanding any other 
     provision of this subsection, the Secretary may lease all or 
     a portion of a special area under terms that permit the use 
     of horizontal drilling technology from sites on leases 
     located outside the special area.
       (f) Limitation on Closed Areas.--The Secretary may not 
     close land within the Coastal Plain to oil and gas leasing or 
     to exploration, development, or production except in 
     accordance with this subtitle.
       (g) Regulations.--
       (1) In general.--Not later than 15 months after the date of 
     enactment of this Act, in consultation with appropriate 
     agencies of the State of Alaska, the North Slope Borough, 
     Alaska, and the City of Kaktovik, Alaska, the Secretary shall 
     issue such regulations as are necessary to carry out this 
     subtitle, including rules and regulations relating to 
     protection of the fish and wildlife, fish and wildlife 
     habitat, and subsistence resources of the Coastal Plain.
       (2) Revision of regulations.--The Secretary may 
     periodically review and, as appropriate, revise the rules and 
     regulations issued under paragraph (1) to reflect any 
     significant scientific or engineering data that come to the 
     attention of the Secretary.

     SEC. 113. LEASE SALES.

       (a) In General.--Land may be leased pursuant to this 
     subtitle to any person qualified to obtain a lease for 
     deposits of oil and gas under the Mineral Leasing Act (30 
     U.S.C. 181 et seq.).
       (b) Procedures.--The Secretary shall, by regulation, 
     establish procedures for--
       (1) receipt and consideration of sealed nominations for any 
     area in the Coastal Plain for inclusion in, or exclusion (as 
     provided in subsection (c)) from, a lease sale;
       (2) the holding of lease sales after that nomination 
     process; and
       (3) public notice of and comment on designation of areas to 
     be included in, or excluded from, a lease sale.
       (c) Lease Sale Bids.--Bidding for leases under this 
     subtitle shall be by sealed competitive cash bonus bids.
       (d) Acreage Minimum in First Sale.--For the first lease 
     sale under this subtitle, the Secretary shall offer for lease 
     those tracts the Secretary considers to have the greatest 
     potential for the discovery of hydrocarbons, taking into 
     consideration nominations received pursuant to subsection 
     (b)(1), but in no case less than 200,000 acres.
       (e) Timing of Lease Sales.--The Secretary shall--
       (1) not later than 22 months after the date of enactment of 
     this Act, conduct the first lease sale under this subtitle;
       (2) not later than September 30, 2012, conduct a second 
     lease sale under this subtitle; and
       (3) conduct additional sales at appropriate intervals if 
     sufficient interest in exploration or development exists to 
     warrant the conduct of the additional sales.

     SEC. 114. GRANT OF LEASES BY THE SECRETARY.

       (a) In General.--Upon payment by a lessee of such bonus as 
     may be accepted by the Secretary, the Secretary may grant to 
     the highest responsible qualified bidder in a lease sale 
     conducted pursuant to section 113 a lease for any land on the 
     Coastal Plain.
       (b) Subsequent Transfers.--
       (1) In general.--No lease issued under this subtitle may be 
     sold, exchanged, assigned, sublet, or otherwise transferred 
     except with the approval of the Secretary.
       (2) Condition for approval.--Before granting any approval 
     described in paragraph (1), the Secretary shall consult with 
     and give due consideration to the opinion of the Attorney 
     General.

     SEC. 115. LEASE TERMS AND CONDITIONS.

       (a) In General.--An oil or gas lease issued pursuant to 
     this subtitle shall--
       (1) provide for the payment of a royalty of not less than 
     16\1/2\ percent of the amount or value of the production 
     removed or sold from the lease, as determined by the 
     Secretary in accordance with regulations applicable to other 
     Federal oil and gas leases;
       (2) provide that the Secretary may close, on a seasonal 
     basis, such portions of the Coastal Plain to exploratory 
     drilling activities as are necessary to protect caribou 
     calving areas and other species of fish and wildlife;
       (3) require that each lessee of land within the Coastal 
     Plain shall be fully responsible and liable for the 
     reclamation of land within the Coastal Plain and any other 
     Federal land that is adversely affected in connection with 
     exploration, development, production, or transportation 
     activities within the Coastal Plain conducted by the lessee 
     or by any of the subcontractors or agents of the lessee;
       (4) provide that the lessee may not delegate or convey, by 
     contract or otherwise, that reclamation responsibility and 
     liability to another person without the express written 
     approval of the Secretary;
       (5) provide that the standard of reclamation for land 
     required to be reclaimed under this subtitle shall be, to the 
     maximum extent practicable--
       (A) a condition capable of supporting the uses that the 
     land was capable of supporting prior to any exploration, 
     development, or production activities; or
       (B) upon application by the lessee, to a higher or better 
     standard, as approved by the Secretary;
       (6) contain terms and conditions relating to protection of 
     fish and wildlife, fish and wildlife habitat, subsistence 
     resources, and the environment as required under section 
     112(a)(2);
       (7) provide that each lessee, and each agent and contractor 
     of a lessee, use their best efforts to provide a fair share 
     of employment and contracting for Alaska Natives and Alaska 
     Native Corporations from throughout the State of Alaska, as 
     determined by the level of obligation previously agreed to in 
     the Federal Agreement; and
       (8) contain such other provisions as the Secretary 
     determines to be necessary to ensure compliance with this 
     subtitle and regulations issued under this subtitle.
       (b) Project Labor Agreements.--The Secretary, as a term and 
     condition of each lease under this subtitle, and in 
     recognizing the proprietary interest of the Federal 
     Government in labor stability and in the ability of 
     construction labor and management to meet the particular 
     needs and conditions of projects to be developed under the 
     leases issued pursuant to this subtitle (including the 
     special concerns of the parties to those leases), shall 
     require that each lessee, and each agent and contractor of a 
     lessee, under this subtitle negotiate to obtain a project 
     labor agreement for the employment of laborers and mechanics 
     on production, maintenance, and construction under the lease.

     SEC. 116. COASTAL PLAIN ENVIRONMENTAL PROTECTION.

       (a) No Significant Adverse Effect Standard to Govern 
     Authorized Coastal Plain Activities.--In accordance with 
     section 112, the Secretary shall administer this subtitle 
     through regulations, lease terms, conditions, restrictions, 
     prohibitions, stipulations, or other provisions that--
       (1) ensure, to the maximum extent practicable, that oil and 
     gas exploration, development, and production activities on 
     the Coastal Plain will result in no significant adverse 
     effect on fish and wildlife, fish and wildlife habitat, and 
     the environment;
       (2) require the application of the best commercially 
     available technology for oil and gas exploration, 
     development, and production on all new exploration, 
     development, and production operations; and
       (3) ensure that the maximum surface acreage covered in 
     connection with the leasing program by production and support 
     facilities, including airstrips and any areas covered by 
     gravel berms or piers for support of pipelines, does not 
     exceed 2,000 acres on the Coastal Plain.
       (b) Site-Specific Assessment and Mitigation.--The Secretary 
     shall require, with respect to any proposed drilling and 
     related activities on the Coastal Plain, that--
       (1) a site-specific environmental analysis be made of the 
     probable effects, if any, that the drilling or related 
     activities will have on fish and wildlife, fish and wildlife 
     habitat, subsistence resources, subsistence uses, and the 
     environment;
       (2) a plan be implemented to avoid, minimize, and mitigate 
     (in that order and to the maximum extent practicable) any 
     significant adverse effect identified under paragraph (1); 
     and

[[Page 23656]]

       (3) the development of the plan occur after consultation 
     with--
       (A) each agency having jurisdiction over matters mitigated 
     by the plan;
       (B) the State of Alaska;
       (C) North Slope Borough, Alaska; and
       (D) the City of Kaktovik, Alaska.
       (c) Regulations to Protect Coastal Plain Fish and Wildlife 
     Resources, Subsistence Users, and the Environment.--Before 
     implementing the leasing program authorized by this subtitle, 
     the Secretary shall prepare and issue regulations, lease 
     terms, conditions, restrictions, prohibitions, stipulations, 
     or other measures designed to ensure, to the maximum extent 
     practicable, that the activities carried out on the Coastal 
     Plain under this subtitle are conducted in a manner 
     consistent with the purposes and environmental requirements 
     of this subtitle.
       (d) Compliance With Federal and State Environmental Laws 
     and Other Requirements.--The proposed regulations, lease 
     terms, conditions, restrictions, prohibitions, and 
     stipulations for the leasing program under this subtitle 
     shall require--
       (1) compliance with all applicable provisions of Federal 
     and State environmental law (including regulations);
       (2) implementation of and compliance with--
       (A) standards that are at least as effective as the safety 
     and environmental mitigation measures, as described in items 
     1 through 29 on pages 167 through 169 of the Final Statement, 
     on the Coastal Plain;
       (B) seasonal limitations on exploration, development, and 
     related activities, as necessary, to avoid significant 
     adverse effects during periods of concentrated fish and 
     wildlife breeding, denning, nesting, spawning, and migration;
       (C) design safety and construction standards for all 
     pipelines and any access and service roads that minimize, to 
     the maximum extent practicable, adverse effects on--
       (i) the passage of migratory species (such as caribou); and
       (ii) the flow of surface water by requiring the use of 
     culverts, bridges, or other structural devices;
       (D) prohibitions on general public access to, and use of, 
     all pipeline access and service roads;
       (E) stringent reclamation and rehabilitation requirements 
     in accordance with this subtitle for the removal from the 
     Coastal Plain of all oil and gas development and production 
     facilities, structures, and equipment on completion of oil 
     and gas production operations, except in a case in which the 
     Secretary determines that those facilities, structures, or 
     equipment--
       (i) would assist in the management of the Arctic National 
     Wildlife Refuge; and
       (ii) are donated to the United States for that purpose;
       (F) appropriate prohibitions or restrictions on--
       (i) access by all modes of transportation;
       (ii) sand and gravel extraction; and
       (iii) use of explosives;
       (G) reasonable stipulations for protection of cultural and 
     archaeological resources;
       (H) measures to protect groundwater and surface water, 
     including--
       (i) avoidance, to the maximum extent practicable, of 
     springs, streams, and river systems;
       (ii) the protection of natural surface drainage patterns 
     and wetland and riparian habitats; and
       (iii) the regulation of methods or techniques for 
     developing or transporting adequate supplies of water for 
     exploratory drilling; and
       (I) research, monitoring, and reporting requirements;
       (3) that exploration activities (except surface geological 
     studies) be limited to the period between approximately 
     November 1 and May 1 of each year and be supported, if 
     necessary, by ice roads, winter trails with adequate snow 
     cover, ice pads, ice airstrips, and air transport methods 
     (except that those exploration activities may be permitted at 
     other times if the Secretary determines that the exploration 
     will have no significant adverse effect on fish and wildlife, 
     fish and wildlife habitat, subsistence resources, and the 
     environment of the Coastal Plain);
       (4) consolidation of facility siting;
       (5) avoidance or reduction of air traffic-related 
     disturbance to fish and wildlife;
       (6) treatment and disposal of hazardous and toxic wastes, 
     solid wastes, reserve pit fluids, drilling muds and cuttings, 
     and domestic wastewater, including, in accordance with 
     applicable Federal and State environmental laws (including 
     regulations)--
       (A) preparation of an annual waste management report;
       (B) development and implementation of a hazardous materials 
     tracking system; and
       (C) prohibition on the use of chlorinated solvents;
       (7) fuel storage and oil spill contingency planning;
       (8) conduct of periodic field crew environmental briefings;
       (9) avoidance of significant adverse effects on subsistence 
     hunting, fishing, and trapping;
       (10) compliance with applicable air and water quality 
     standards;
       (11) appropriate seasonal and safety zone designations 
     around well sites, within which subsistence hunting and 
     trapping shall be limited; and
       (12) development and implementation of such other 
     protective environmental requirements, restrictions, terms, 
     or conditions as the Secretary, after consultation with the 
     State of Alaska, North Slope Borough, Alaska, and the City of 
     Kaktovik, Alaska, determines to be necessary.
       (e) Considerations.--In preparing and issuing regulations, 
     lease terms, conditions, restrictions, prohibitions, or 
     stipulations under this section, the Secretary shall take 
     into consideration--
       (1) the stipulations and conditions that govern the 
     National Petroleum Reserve-Alaska leasing program, as set 
     forth in the 1999 Northeast National Petroleum Reserve-Alaska 
     Final Integrated Activity Plan/Environmental Impact 
     Statement;
       (2) the environmental protection standards that governed 
     the initial Coastal Plain seismic exploration program under 
     parts 37.31 through 37.33 of title 50, Code of Federal 
     Regulations (or successor regulations); and
       (3) the land use stipulations for exploratory drilling on 
     the KIC-ASRC private land described in Appendix 2 of the 
     agreement between Arctic Slope Regional Corporation and the 
     United States dated August 9, 1983.
       (f) Facility Consolidation Planning.--
       (1) In general.--After providing for public notice and 
     comment, the Secretary shall prepare and periodically update 
     a plan to govern, guide, and direct the siting and 
     construction of facilities for the exploration, development, 
     production, and transportation of oil and gas resources from 
     the Coastal Plain.
       (2) Objectives.--The objectives of the plan shall be--
       (A) the avoidance of unnecessary duplication of facilities 
     and activities;
       (B) the encouragement of consolidation of common facilities 
     and activities;
       (C) the location or confinement of facilities and 
     activities to areas that will minimize impact on fish and 
     wildlife, fish and wildlife habitat, subsistence resources, 
     and the environment;
       (D) the use of existing facilities, to the maximum extent 
     practicable; and
       (E) the enhancement of compatibility between wildlife 
     values and development activities.
       (g) Access to Public Land.--The Secretary shall--
       (1) manage public land in the Coastal Plain in accordance 
     with subsections (a) and (b) of section 811 of the Alaska 
     National Interest Lands Conservation Act (16 U.S.C. 3121); 
     and
       (2) ensure that local residents shall have reasonable 
     access to public land in the Coastal Plain for traditional 
     uses.

     SEC. 117. RIGHTS-OF-WAY AND EASEMENTS ACROSS COASTAL PLAIN.

       For purposes of section 1102(4)(A) of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3162(4)(A)), any 
     rights-of-way or easements across the Coastal Plain for the 
     exploration, development, production, or transportation of 
     oil and gas shall be considered to be established incident to 
     the management of the Coastal Plain under this section.

     SEC. 118. CONVEYANCE.

       Notwithstanding section 1302(h)(2) of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), to 
     remove any cloud on title to land, and to clarify land 
     ownership patterns in the Coastal Plain, the Secretary 
     shall--
       (1) to the extent necessary to fulfill the entitlement of 
     the Kaktovik Inupiat Corporation under sections 12 and 14 of 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 
     1613), as determined by the Secretary, convey to that 
     Corporation the surface estate of the land described in 
     paragraph (1) of Public Land Order 6959, in accordance with 
     the terms and conditions of the agreement between the 
     Secretary, the United States Fish and Wildlife Service, the 
     Bureau of Land Management, and the Kaktovik Inupiat 
     Corporation, dated January 22, 1993; and
       (2) convey to the Arctic Slope Regional Corporation the 
     remaining subsurface estate to which that Corporation is 
     entitled under the agreement between that corporation and the 
     United States, dated August 9, 1983.

     SEC. 119. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE 
                   ASSISTANCE.

       (a) Establishment of Fund.--
       (1) In general.--As a condition on the receipt of funds 
     under section 120(1), the State of Alaska shall establish in 
     the treasury of the State, and administer in accordance with 
     this section, a fund to be known as the ``Coastal Plain Local 
     Government Impact Aid Assistance Fund'' (referred to in this 
     section as the ``Fund'').
       (2) Deposits.--Subject to paragraph (1), the Secretary of 
     the Treasury shall deposit into the Fund, $35,000,000 each 
     year from the amount available under section 120(1).
       (3) Investment.--The Governor of the State of Alaska 
     (referred to in this section as the ``Governor'') shall 
     invest amounts in the Fund in interest-bearing securities of 
     the United States or the State of Alaska.
       (b) Assistance.--The Governor, in cooperation with the 
     Mayor of the North Slope Borough, shall use amounts in the 
     Fund to provide assistance to North Slope Borough, Alaska, 
     the City of Kaktovik, Alaska, and any other borough, 
     municipal subdivision,

[[Page 23657]]

     village, or other community in the State of Alaska that is 
     directly impacted by exploration for, or the production of, 
     oil or gas on the Coastal Plain under this subtitle, or any 
     Alaska Native Regional Corporation acting on behalf of the 
     villages and communities within its region whose land lies 
     along the right of way of the Trans Alaska Pipeline System, 
     as determined by the Governor.
       (c) Application.--
       (1) In general.--To receive assistance under subsection 
     (b), a community or Regional Corporation described in that 
     subsection shall submit to the Governor, or to the Mayor of 
     the North Slope Borough, an application in such time, in such 
     manner, and containing such information as the Governor may 
     require.
       (2) Action by north slope borough.--The Mayor of the North 
     Slope Borough shall submit to the Governor each application 
     received under paragraph (1) as soon as practicable after the 
     date on which the application is received.
       (3) Assistance of governor.--The Governor shall assist 
     communities in submitting applications under this subsection, 
     to the maximum extent practicable.
       (d) Use of Funds.--A community or Regional Corporation that 
     receives funds under subsection (b) may use the funds--
       (1) to plan for mitigation, implement a mitigation plan, or 
     maintain a mitigation project to address the potential 
     effects of oil and gas exploration and development on 
     environmental, social, cultural, recreational, and 
     subsistence resources of the community;
       (2) to develop, carry out, and maintain--
       (A) a project to provide new or expanded public facilities; 
     or
       (B) services to address the needs and problems associated 
     with the effects described in paragraph (1), including 
     firefighting, police, water and waste treatment, first 
     responder, and other medical services;
       (3) to compensate residents of the Coastal Plain for 
     significant damage to environmental, social, cultural, 
     recreational, or subsistence resources; and
       (4) in the City of Kaktovik, Alaska--
       (A) to develop a mechanism for providing members of the 
     Kaktovikmiut Inupiat community an opportunity to--
       (i) monitor development on the Coastal Plain; and
       (ii) provide information and recommendations to the 
     Governor based on traditional aboriginal knowledge of the 
     natural resources, flora, fauna, and ecological processes of 
     the Coastal Plain; and
       (B) to establish a local coordination office, to be managed 
     by the Mayor of the North Slope Borough, in coordination with 
     the City of Kaktovik, Alaska--
       (i) to coordinate with and advise developers on local 
     conditions and the history of areas affected by development;
       (ii) to provide to the Committee on Resources of the House 
     of Representatives and the Committee on Energy and Natural 
     Resources of the Senate annual reports on the status of the 
     coordination between developers and communities affected by 
     development;
       (iii) to collect from residents of the Coastal Plain 
     information regarding the impacts of development on fish, 
     wildlife, habitats, subsistence resources, and the 
     environment of the Coastal Plain; and
       (iv) to ensure that the information collected under clause 
     (iii) is submitted to--

       (I) developers; and
       (II) any appropriate Federal agency.

     SEC. 120. ALLOCATION OF REVENUES.

       Notwithstanding the Mineral Leasing Act (30 U.S.C. 181 et 
     seq.) or any other provision of law, of the adjusted bonus, 
     rental, and royalty receipts from Federal oil and gas leasing 
     and operations authorized under this subtitle:
       (1) 27 percent shall be disbursed to the State of Alaska.
       (2) 25 percent shall be deposited in the Conservation 
     Reserve Account established by section 201(a)(1).
       (3) 25 percent shall be deposited in the Renewable Energy 
     Reserve Account established by section 201(a)(2).
       (4) 20 percent shall be deposited in the general fund of 
     the Treasury of the United States for debt reduction.
       (5) 3 percent shall be available to the Secretary of Health 
     and Human Services for carrying out the low-income home 
     energy assistance program established under the Low-Income 
     Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.).

                         Subtitle C--Oil Shale

     SEC. 131. REMOVAL OF PROHIBITION ON FINAL REGULATIONS FOR 
                   COMMERCIAL LEASING PROGRAM FOR OIL SHALE 
                   RESOURCES ON PUBLIC LAND.

       Section 433 of the Department of the Interior, Environment, 
     and Related Agencies Appropriations Act, 2008 (Public Law 
     110-161; 121 Stat. 2152) is repealed.

             TITLE II--ALTERNATIVE ENERGY AND CONSERVATION

 Subtitle A--Conservation Reserve and Renewable Energy Reserve Accounts

     SEC. 201. CONSERVATION RESERVE AND RENEWABLE ENERGY RESERVE 
                   ACCOUNTS.

       (a) In General.--For budgetary purposes, there are 
     established in the Treasury of the United States as separate 
     accounts--
       (1) the Conservation Reserve Account, to offset the cost of 
     legislation enacted on or after the date of enactment of this 
     Act for conservation programs (including weatherization) and 
     conservation tax credits and deductions for energy efficiency 
     in the residential, commercial, industrial, and public 
     sectors (including conservation districts); and
       (2) the Renewable Energy Reserve Account, to offset the 
     cost of legislation enacted on or after the date of enactment 
     of this Act--
       (A) to accelerate the use of cleaner domestic energy 
     resources and alternative fuels;
       (B) to promote the use of energy-efficient products and 
     practices; and
       (C) to increase research, development, and deployment of 
     clean renewable energy and efficiency technologies and job 
     training programs for those purposes.
       (b) Procedure for Adjustments.--
       (1) Budget committee chairman.--After the reporting of a 
     bill or joint resolution, or the offering of an amendment or 
     the submission of a conference report for a bill or joint 
     resolution, that provides funding for the purposes described 
     in paragraph (1) or (2) of subsection (a) in excess of the 
     amount of the deposits under this Act or an amendment made by 
     this Act for those purposes for fiscal year 2009, the 
     chairman of the Committee on the Budget of the applicable 
     House of Congress shall make the adjustments described in 
     paragraph (2) for the amount of new budget authority and 
     outlays in that measure and the outlays resulting from the 
     budget authority.
       (2) Matters to be adjusted.--The adjustments referred to in 
     paragraph (1) shall be made to--
       (A) the discretionary spending limits, if any, specified in 
     the appropriate concurrent resolution on the budget;
       (B) the allocations made pursuant to the appropriate 
     concurrent resolution on the budget pursuant to section 
     302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 
     633(a)); and
       (C) the budget aggregates contained in the appropriate 
     concurrent resolution on the budget as required by section 
     301(a) of the Congressional Budget Act of 1974 (2 U.S.C. 
     632(a)).
       (3) Amounts of adjustments.--The adjustments referred to in 
     paragraphs (1) and (2) shall not exceed the receipts 
     estimated by the Congressional Budget Office that are 
     attributable to this Act and the amendments made by this Act 
     for the fiscal year in which the adjustments are made.
       (c) Consultation.--Legislation shall not be treated as 
     legislation referred to in subsection (a) unless any 
     expenditure under the legislation for a purpose referred to 
     in that subsection may be made only after consultation with 
     (as appropriate)--
       (1) the Administrator of the Environmental Protection 
     Agency;
       (2) the Administrator of the National Oceanic and 
     Atmospheric Administration;
       (3) the Secretary of the Army, acting through the Corps of 
     Engineers; and
       (4) the Secretary of State.
       (d) Maintenance of Effort by States.--The Secretary of the 
     Interior, the Secretary of Health and Human Services, the 
     Secretary of Energy, and any other Federal official with 
     authority to implement legislation referred to in subsection 
     (a) shall ensure that financial assistance provided to a 
     State under the legislation for any purpose with amounts made 
     available under this section or in any legislation with 
     respect to which subsection (a) applies supplements, and does 
     not replace, the amounts expended by the State for that 
     purpose before the date of enactment of this Act.

Subtitle B--Department of Defense Facilitation of Secure Domestic Fuel 
                              Development

     SEC. 211. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS.

       Section 526 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17142) is repealed.
                                 ______
                                 
      By Mr. BUNNING:
  S. 3670. A bill to regulate certain State and local taxation of 
electronic commerce, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. BUNNING. 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. 3670

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

     SECTION 1. MINIMUM JURISDICTIONAL STANDARD FOR STATE AND 
                   LOCAL TAXES ON ELECTRONIC COMMERCE.

       (a) In General.--No taxing authority of a State shall have 
     power to require the collection and remittance of a State tax 
     by any person resulting from the electronic commerce of such 
     person unless such person has a physical presence in the 
     State during the taxable period with respect to which the tax 
     is imposed.
       (b) Requirements for Physical Presence.--
       (1) In general.--For purposes of subsection (a), a person 
     has a physical presence in a

[[Page 23658]]

     State only if such person's electronic commerce in the State 
     includes any of the following during such person's taxable 
     year:
       (A) Being an individual physically in the State, or 
     assigning one or more employees to be in the State.
       (B) Using the services of an agent (excluding an employee) 
     to establish or maintain the electronic commerce in the 
     State, if such agent does not perform the same services in 
     the State for any other person during such taxable year.
       (C) The leasing or owning of tangible personal property or 
     of real property in the State.
       (2) De minimis physical presence.--For purposes of this 
     section, the term ``physical presence'' shall not include--
       (A) entering into an agreement to share revenue generated 
     by an electronic commerce presence owned or maintained by a 
     person who is physically present in a State;
       (B) presence in a State for less than 15 days in a taxable 
     year (or a greater number of days if provided by State law); 
     and
       (C) presence in a State to conduct limited or transient 
     business activity.
       (c) Taxable Periods Not Consisting of a Year.--If the 
     taxable period for which the tax is imposed is not a year, 
     then any requirements expressed in days for establishing 
     physical presence under this Act shall be adjusted pro rata 
     accordingly.
       (d) Minimum Jurisdictional Standard.--This section provides 
     for minimum jurisdictional standards and shall not be 
     construed to modify, affect, or supersede the authority of a 
     State or any other provision of Federal law allowing persons 
     to conduct greater activities without the imposition of tax 
     jurisdiction.
       (e) Exceptions.--
       (1) Domestic business entities and individuals domiciled 
     in, or residents of, the state.--Subsection (a) shall not 
     apply with respect to--
       (A) a person (other than an individual) that is 
     incorporated or formed under the laws of the State (or 
     domiciled in the State) in which the tax is imposed; or
       (B) an individual who is domiciled in, or a resident of, 
     the State in which the tax is imposed.
       (2) Preservation of authority.--This section shall not be 
     construed to modify, affect, or supersede the authority of a 
     State to bring an enforcement action against a person or 
     entity that may be engaged in an illegal activity, a sham 
     transaction, or any perceived or actual abuse in its 
     electronic commerce if such enforcement action does not 
     modify, affect, or supersede the operation of any provision 
     of this section or of any other Federal law.
       (f) Rule of Construction.--This section shall not be 
     construed to modify, affect, or supersede the operation of 
     title I of the Act entitled ``An Act relating to the power of 
     the States to impose net income taxes on income derived from 
     interstate commerce, and authorizing studies by congressional 
     committees of matters pertaining thereto'', approved 
     September 14, 1959 (15 U.S.C. 381 et seq.).
       (g) Definitions, etc.--For purposes of this section:
       (1) Electronic commerce.--The term ``electronic commerce'' 
     has the meaning given that term in section 1105(3) of the 
     Internet Tax Freedom Act (47 U.S.C. 151 note).
       (2) Person.--The term ``person'' has the meaning given such 
     term by section 1 of title 1 of the United States Code.
       (3) State.--The term ``State'' means any of the several 
     States, the District of Columbia, or any territory or 
     possession of the United States, or any political subdivision 
     of any of the foregoing.
       (4) Tangible personal property.--For purposes of subsection 
     (b)(1)(C), the leasing or owning of tangible personal 
     property does not include the leasing or licensing of 
     computer software.
       (h) Effective Date.--This section shall apply with respect 
     to taxable periods beginning on or after January 1, 2009.
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 3671. A bill to amend the Commodity Exchange Act to require the 
Commodity Futures Trading Commission to develop and impose aggregate 
position limits on certain large over-the-counter transactions and 
classes of large over-the-counter transactions; to the Committee on 
Agriculture, Nutrition, and Forestry.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce the Over-the-
Counter Swaps Speculation Limit Act, a bill to establish workable 
speculative position limits that apply to both bilateral over-the-
counter swaps transactions and on-exchange transactions.
  The Over-the-Counter Swaps Speculation Limit Act would close the 
``over-the-counter swaps loophole'' once and for all by requiring the 
Commodity Futures Trading Commission--or CFTC--to apply the position 
limit system to bilateral swaps, not just the on-exchange transactions 
that are limited today.
  Let me explain what the bill would do:
  CFTC would enforce ``aggregate'' position limits so that a trader's 
positions on and off exchange would be combined. Swaps would no longer 
be exempt from position limits.
  CFTC would be allowed to grant hedge exemptions for bone fide 
hedging. This exemption would be limited to trading that hedges against 
price risk exposure related to physical transactions in that energy 
commodity.
  Neither institutional investors hedging against inflation, nor swaps 
dealers hedging their secret dealings would qualify for a hedge 
exemption.
  The bill would give CFTC the power to issue civil fines to enforce 
position limits when unwinding a speculative position would be 
disruptive to the marketplace.
  This legislation is the missing piece to otherwise comprehensive 
anti-speculation legislation debated in the Senate in July and adopted 
by the House of Representatives in September.
  Both of the House and Senate bills included vital provisions to 
protect our markets, including provisions to close the London Loophole 
by imposing speculation position limits on trading conducted on Foreign 
Boards of Trade.
  It would grant CFTC the authority to collect data and monitor trading 
in Over-the-Counter Swaps markets, shining the bright light of 
oversight onto a previously un-watched market.
  It would improve the data collection systems at CFTC to distinguish 
between swaps dealers, institutional investors, and genuine 
speculators;
  It would assure no true speculator is exempted from speculative 
position limits; and increase CFTC's staffing levels.
  Reacting to congressional pressure, the CFTC took many of the steps 
through administrative action that our bills in Congress would have 
required.
  CFTC largely closed the London Loophole and began monitoring London 
trading of American crude oil.
  CFTC began collecting detailed data on OTC swaps trading, especially 
by swaps dealers and institutional index traders, and it began 
monitoring these markets.
  CFTC reclassified a major swaps dealer as a speculator and proposed a 
rulemaking to revise its system for granting speculative limit 
exemptions.
  This is true progress, but the swaps loophole--exempting voice 
brokered bilateral swaps from the speculative position limit system--
remains in place. Traders are able to hold positions far above 
speculative position limits simply by executing their trades through a 
voice broker.
  Until this summer, the Federal Government knew very little about OTC 
swaps, which have been exempt from CFTC oversight since 1993. But 
thanks to CFTC's increased oversight this summer, published in its 
September 2008 ``Staff Report on Commodity Swap Dealers and Index 
Traders,'' we know that traders do in fact use these swaps markets to 
hold positions above the speculative position limits on regulated 
exchanges.
  The CFTC report found that on a single day in June there were:
  ``18 noncommercial traders (speculators) in 13 markets who appeared 
to have an aggregate position . . . that would have been above the 
speculative limit or an exchange accountability level if all the 
positions were on-exchange.''
  CFTC discovered that a few traders held positions that would have 
``significantly exceeded'' an aggregate position limit.
  What is the purpose of speculative position limits if traders know 
they can buy the equivalent product in unlimited quantities from a 
voice broker?
  The Over-the-Counter Swaps Speculation Limit Act puts an end to this 
flawed system by instructing CFTC to establish a system of aggregate 
position limits. As the staff report demonstrated, CFTC knows how to 
calculate such limits.
  I believe this legislation avoids the pitfalls of previous efforts in 
the 110th Congress to limit speculative positions in swaps.
  It is simple, granting CFTC the broad mandate to impose aggregate 
position limits across positions held on registered entities, foreign 
boards of

[[Page 23659]]

trade, and OTC markets that impact the price discovery function of a 
regulated market. It grants the regulator proper discretion to 
determine which contracts are functionally equivalent and what the 
limits should be.
  It applies speculative position limits only to swaps that impact the 
price discovery function on regulated markets. By focusing CFTC efforts 
only on the major, standardized swaps contracts, the bill maintains 
legal certainty for unique financing agreements and other private 
bilateral transactions.
  The bill also prevents speculators from migrating to less regulated 
contracts. CFTC will only be allowed to exempt contracts from position 
limits after it determines that the contract is not functioning as a 
haven from regulation. CFTC must impose speculative position limits on 
any contract that: is highly standardized; settles on the price of a 
contracted traded in a regulated marketplace; has its prices widely 
published and referenced; or traded in significant volumes.
  Finally, the legislation addresses CFTC staff concerns that enforcing 
position limits on bilateral swaps contracts would be too cumbersome. 
In recent briefings, CFTC staff argued that the primary reason CFTC was 
not calling for speculative position limits on swaps is that position 
limits on swaps would force parties to void existing contracts, which 
harms the counterparty as much as the trader who is over their limit.
  Regulators should not force a trader to break a contract if such 
action would punish the counterparties as well as the speculator. To 
address this, this legislation gives CFTC the power to enforce position 
limits with fines instead of forcing a trader to unwind a position.
  Over the past 6 months, OTC swaps markets have been exposed, and it 
has become increasingly apparent that speculative position limits are 
both appropriate and feasible in order to protect regulated markets 
from manipulation and excessive speculation.
  The regulated and unregulated energy markets are fully integrated. 
With traders moving back and forth freely, it is no longer reasonable 
to believe that bad behavior in swaps can be isolated.
  A manipulated swaps market would likely impact the price discovery 
function of a futures market, and in turn affect consumer prices.
  If we want fair play in the energy markets, we cannot continue to 
instruct the CFTC to swallow its whistle when it sees violations at the 
Swaps' end of the court.
  We need to allow CFTC to call foul when it sees excessive 
speculation, whether on an exchange or in a voice brokered swaps 
market.
  The Over-the-Counter Swaps Speculation Limit Act would give the CFTC 
back its whistle. It would allow the Commission to use the speculative 
position limit system in existence since the 1930s--to reel in 
excessive speculation in American energy markets.
  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. 3671

       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 ``Over-the-Counter Swaps 
     Speculation Limit Act''.

     SEC. 2. AGGREGATE POSITION LIMITS.

       Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is 
     amended by adding at the end the following:
       ``(j) Aggregate Position Limits.--
       ``(1) Definition of bona fide hedging transaction.--In this 
     subsection:
       ``(A) In general.--The term `bona fide hedging transaction' 
     means a transaction that--
       ``(i) is a substitute for a transaction to be made or a 
     position to be taken at a later time in a physical marketing 
     channel;
       ``(ii) is economically appropriate for the reduction of 
     risks in the conduct and management of a commercial 
     enterprise; and
       ``(iii) arises from a potential change in the value of--

       ``(I) assets that a person owns, produces, manufactures, 
     possesses, or merchandises (or anticipates owning, producing, 
     manufacturing, possessing, or merchandising);
       ``(II) liabilities that a person incurs or anticipates 
     incurring; or
       ``(III) services that a person provides or purchases (or 
     anticipates providing or purchasing).

       ``(B) Exclusion.--The term `bona fide hedging transaction' 
     does not include a transaction entered into on a designated 
     contract market for the purpose of offsetting a financial 
     risk arising from an over-the-counter commodity derivative.
       ``(2) Aggregate position limits.--
       ``(A) Development; imposition.--Notwithstanding any other 
     provision of this Act, in accordance with subparagraph (B), 
     to reduce the potential threat of market manipulation, 
     excessive speculation, or congestion in any contract listed 
     for trading on a registered entity or a contract that the 
     Commission has determined to provide a price discovery role, 
     the Commission shall impose aggregate position limits on 
     positions held on registered entities, foreign boards of 
     trade, and each large over-the-counter transaction or class 
     of large over-the-counter transactions that the Commission 
     determines to be appropriate to assist the Commission in 
     protecting the price discovery function of contracts under 
     the jurisdiction of the Commission.
       ``(B) Requirements for development and imposition of 
     aggregate position limits.--
       ``(i) Evaluation system.--In developing aggregate position 
     limits under subparagraph (A), the Commission shall establish 
     a system for evaluating the degree to which--

       ``(I) each large over-the-counter transaction and class of 
     large over-the-counter transactions are equivalent to 
     positions in contracts on registered entities; and
       ``(II) contracts on registered entities are equivalent to 
     contracts on other registered entities.

       ``(ii) Maximum level of aggregate position limits.--In 
     developing aggregate position limits under subparagraph (A), 
     the Commission shall set the aggregate position limits at the 
     minimum level practicable to ensure sufficient market 
     liquidity for the conduct of bona fide hedging transactions.
       ``(C) Consideration of factors for determination.--
       ``(i) In general.--In making a determination under 
     subparagraph (A) with respect to the imposition of aggregate 
     position limits on appropriate large over-the-counter 
     transactions and classes of large over-the-counter 
     transactions, the Commission may determine not to impose 
     aggregate position limits on any large over-the-counter 
     transaction or class of large over-the-counter transactions 
     if the Commission determines that the large over-the-counter 
     transaction or class of large over-the-counter transactions 
     does not meet any of the factors described in clause (ii).
       ``(ii) Factors.--The factors described in clause (i) 
     include--

       ``(I) whether a standardized agreement is used to execute 
     the large over-the-counter transaction or class of large 
     over-the-counter transactions;
       ``(II) whether the large over-the-counter transaction or 
     class of large over-the-counter transactions settles against 
     any price (including the daily or final settlement price) of 
     1 or more contracts listed for trading on a registered 
     entity;
       ``(III) whether the price of the large over-the-counter 
     transaction or class of large over-the-counter transactions 
     is reported to a third party, published, or otherwise 
     disseminated;
       ``(IV) whether the price of the large over-the-counter 
     transaction or class of large over-the-counter transactions 
     is referenced in any other transaction;
       ``(V) whether there is a significant volume of the large 
     over-the-counter transaction or class of large over-the-
     counter transactions; and
       ``(VI) any other factor that the Commission determines to 
     be appropriate.

       ``(D) Exemption for bona fide hedging transactions.--The 
     Commission may exempt any large over-the-counter transaction 
     or class of large over-the-counter transactions from any 
     aggregate position limit developed and imposed by the 
     Commission under subparagraph (A) if the Commission 
     determines that the large over-the-counter transaction or 
     class of large over-the-counter transactions is a bona fide 
     hedging transaction.
       ``(E) Net sum of positions.--The aggregate position limits 
     developed and imposed by the Commission under subparagraph 
     (A) shall apply to the net sum of the like positions held by 
     a person on or in--
       ``(i) registered entities;
       ``(ii) foreign boards of trade; and
       ``(iii) over-the-counter commodity derivatives.
       ``(F) Enforcement.--
       ``(i) In general.--Subject to clause (ii), in enforcing 
     each aggregate position limit developed and imposed by the 
     Commission under subparagraph (A), the Commission may order a 
     person to reduce any position of the person.
       ``(ii) Maintenance of position; civil penalty.--

       ``(I) Maintenance of position.--If the Commission 
     determines that the reduction of a position of a person under 
     clause (i) would be disruptive to the price discovery 
     function, the Commission may allow the person to maintain the 
     position.

[[Page 23660]]

       ``(II) Civil penalty.--The Commission shall impose on the 
     person described in subclause (I) a civil penalty in an 
     amount not greater than--

       ``(aa) $1,000,000 for each violation committed by the 
     person; or
       ``(bb) with respect to each violation committed by the 
     person, the market value of the position in excess of the 
     appropriate aggregate position limit.
       ``(iii) Effect of violation.--A violation of an aggregate 
     position limit developed and imposed by the Commission under 
     subparagraph (A) shall be determined to be a violation of 
     this Act.''.
                                 ______
                                 
      By Mrs. CLINTON:
  S. 3674. A bill to amend the Public Health Service Act to establish a 
Wellness Trust; to the Committee on Health, Education, Labor, and 
Pensions.
  Mrs. CLINTON. Mr. President, reforming the healthcare system is a top 
priority for me. I have been on the frontlines in the fight for 
healthcare for every single American for as long as I have been in 
public service. And every passing day, and year, the task becomes both 
more urgent and more difficult--success more expensive and failure more 
costly.
  The United States spent about $2.1 trillion on healthcare in 2006, 
twice what we spent 10 years ago, and half of what we're projected to 
spend 10 years from now. Preventable and chronic diseases are this 
century's epidemic. The number of people with chronic conditions is 
rapidly increasing and it is estimated that if we do not intervene now, 
by 2025 nearly half of the population will suffer from at least one 
chronic disease.
  The wellness gap also affects health care costs. About 78 percent of 
all health spending in the United States is attributable to chronic 
illness, much of which is preventable. Chronic diseases cost the United 
States an additional $1 trillion each year in lost productivity, and 
are a major contributing factor to the overall poor health that is 
placing the Nation's economic security and competitiveness in jeopardy.
  Unlike some health care challenges, proven preventive services and 
programs exist. If effective risk reduction were implemented and 
sustained, by 2015 the death rate due to cancer could drop by 29 
percent. Improved blood sugar control for people with diabetes could 
reduce the risk for eye disease, kidney disease, and nerve disease by 
40 percent. Similarly, blood pressure control could reduce the risk for 
heart disease and stroke by 33 to 50 percent. Yet, only half of 
recommended clinical preventive services are provided to adults. About 
20 percent of children do not receive all recommended immunizations, 
with higher rates in certain areas. Nearly 70 percent of people with 
high blood pressure do not now control it. And racial disparities in 
the use of prevention exist.
  The country faces low use of preventive services because of the low 
value placed on prevention, a delivery system bent toward fixing rather 
than preventing problems, and financial disincentives for prevention. 
Insurers have little incentive to invest in preventive services today 
that will benefit other insurers tomorrow. This is especially true for 
those preventive services that reduce chronic diseases that develop 
over a period of several years or decades. The costs of prevention are 
incurred immediately but most of its benefits are realized later, often 
by Medicare. The United States spends only an estimated 1 to 3 percent 
of national health expenditures on preventive healthcare services and 
health promotion.
  In addition, the workforce to deliver prevention is also 
insufficient. The supply of providers who are trained to emphasize 
prevention is shrinking. Between 1997 and 2005, the number of medical 
school graduates entering family practice residencies dropped by 50 
percent. There is an acute shortage of community health workers. 
Between 25 and 50 percent of the existing Federal, State and local 
public health workforce is eligible for retirement in the next 5 years. 
Today, more than 75 percent of the existing public health workforce has 
no formal public health or prevention training. There is no national, 
uniform credentialing system for public health or prevention workers 
that would ensure that these workers are trained in the basics of 
preventive care.
  A system that promoted full use of high-priority prevention could 
save lives and reduce costs. For example, complete, routine childhood 
vaccination could save up to $40 billion in direct and societal costs 
over time. Promoting screenings and behavioral modifications in the 
workplace can lower absenteeism and, in most cases, health costs to 
firms. Preventive health care services could reduce government spending 
on health care. If all seniors recommended to received a flu vaccine 
did, health costs could be reduced by nearly $1 billion per year. Over 
25 years, Medicare could save an estimated $890 billion from effective 
control of hypertension, and $1 trillion from returning to levels of 
obesity observed in the 1980s.
  So today, I am pleased to introduce The 21st Century Wellness Trust 
Act. This legislation is a critical part of the broader effort we will 
undertake next Congress to cover every single American and bring 
reforms to our delivery system that make it more efficient and improve 
health outcomes.
  The 21st Century Wellness Trust Act would create a Wellness Trust at 
the Centers for Disease Control and Prevention at the Department of 
Health and Human Services to refocus the efforts of our healthcare 
system on prevention and wellness. Through the Trust Fund Board, the 
Wellness Trust will become the primary payer for priority prevention 
services, as well as ensure an adequate and appropriately trained and 
credentialed prevention health workforce. The Trust will also serve as 
a central source of prevention information and ensure the inclusion of 
prevention and wellness in the development of a nationwide, 
interoperable health IT infrastructure.
  We cannot afford to wait any longer and I am proud to introduce The 
21st Century Wellness Trust Act which will be an important part of the 
solution. We must undertake reforms that move us from a system of 
sickness to a system of wellness. From a system that is tilted towards 
institutional and emergency care to one that not only covers everyone, 
but is designed to promote prevention of disease and wellness.
                                 ______
                                 
      By Mr. KERRY:
  S. 3675. A bill to amend the Internal Revenue Code of 1986 to provide 
for the treatment of certain excessive employee remuneration, and for 
other purposes; to the Committee on Finance.
  Mr. KERRY. Mr. President, today I am introducing the Compensation 
Fairness Act of 2008 to tighten the rules for the amount of 
compensation that is deductible as an ordinary and necessary business 
expense. The recent financial crisis has brought the issue of executive 
compensation to the forefront.
  We have all read about the outrageous salaries that many of the chief 
executive officers of troubled companies have earned over the past few 
years. Some have increased their pay by increasing the risks their 
companies take. According to Equilar, a compensation research firm, the 
CEOs of the 10 largest financial services firms in a survey of 200 
companies with revenues of at least $6.5 billion were awarded a 
combined total of $320 million last year, even though the firms 
reported mortgage-related losses that totaled $55 billion and that 
wiped out more than $200 billion in shareholder value. That is 
unacceptable.
  It is not just the financial industry where executive pay has become 
excessive. For 2006, the CEOs of large U.S. companies averaged $10.8 
million in total compensation, more than 364 times the pay of the 
average U.S. worker. We can learn from what led us to the current 
situation and one way to make CEOs more accountable is to limit the 
taxpayer subsidy for executive compensation.
  I am pleased that the bailout legislation places limits on the 
executive compensation of the firms that participate in the Treasury 
program. I commend Chairmen Dodd and Baucus for their efforts for to 
place limits on executive compensation part of the solution. However, I 
believe that executive compensation for all public companies should be 
reexamined.

[[Page 23661]]

  Under current law, the allowable deduction for the compensation of 
the top five highly paid individuals, including the CEO and the chief 
financial officer, CFO, is limited to $1 million per year. This 
limitation does not include commissions and performance-based pay. I am 
concerned that these exceptions have weakened the effectiveness of the 
limitation and encourage performance-based pay arrangements which could 
cause executives to manipulate earnings.
  The Compensation Fairness Act of 2008 would make several changes to 
the limitation on deduction for compensation. It would repeal the 
exceptions for commission and performance-based pay. Under current law, 
an employee that is covered by the limitation has to be an employee the 
last day of the year. The legislation would change this to make a 
covered employee one who is employed at any time during the year. This 
legislation would retain the $1 million limitation and index it for 
inflation.
  The Compensation Fairness Act of 2008 would not limit the amount of 
salary an executive can receive, but it would just limit the tax 
subsidy. Taxpayers should not have to bear the cost of excessive 
compensation. Warren Buffett, one of the most successful businessmen of 
all time, has annual salary of $100,000.
  Limiting the deduction of executive compensation is just one part of 
addressing compensation. Earlier this Congress, the Senate passed 
legislation which would limit the amount of compensation that can be 
deferred to $1 million. Senator Obama has introduced legislation that I 
cosponsored and the House has passed which would require annual 
shareholder approval of a public company's executive compensation plan.
  Once we address the current crisis, we need to have a serious debate 
on executive compensation and the deductibility of compensation should 
be part of the conversation. I urge my colleagues to consider changing 
the current tax treatment of compensation.
                                 ______
                                 
      By Ms. SNOWE (for herself and Mrs. Feinstein):
  S. 3677. A bill to establish a Special Joint Task Force on Financial 
Crimes; to the Committee on the Judiciary.
  Ms. SNOWE. Mr. President, I rise in support of legislation that I am 
introducing today to make sure that those responsible for the financial 
meltdown of recent days are brought to justice. Joining me on the bill 
is my distinguished colleague, Senator Feinstein.
  While I congratulate the congressional leadership, especially 
Chairmen Dodd and Frank, and Senators Reid, McConnell, and Gregg, in 
crafting the Emergency Economic Stabilization Act of 2008, one issue 
continues to deeply disturb me and many of my constituents. 
Specifically, I refer to accountability and the importance of bringing 
criminals to justice.
  In my view, today's economic turmoil did not happen by pure chance, 
and I am troubled that certain greedy individuals may have crossed the 
line into criminal activity.
  Clearly, no one should reap rewards from this colossal failure, and 
those responsible on Wall Street should follow the Enron criminals 
straight to jail. The pursuit and prosecution of those liable for this 
meltdown must receive the highest possible level of attention, and this 
legislation dedicates a Special Task Force on Financial Crimes within 
the Justice Department whose sole mission is to ferret out those 
directly involved in engineering this catastrophe.
  The congressional pursuit of answers--through hearings that Senator 
Dodd has indicated he will hold--should occur in tandem with the legal 
investigation and prosecution of those responsible for this debacle. 
Both must receive the same rigorous attention applied to this rescue 
package--and not be subsumed by the routine of the day-to-day 
legislative and criminal investigation process moving forward.
                                 ______
                                 
      By Mrs. BOXER:
  S. 3678. A bill to promote freedom, human rights, and the rule of law 
in Vietnam; to the Committee on Foreign Relations.
  Mrs. BOXER. Mr. President, I rise today to introduce an important 
piece of legislation--the Vietnam Human Rights Act.
  Over the last several sessions of Congress, legislation addressing 
the human rights situation in Vietnam has been repeatedly introduced 
but has never been enacted into law.
  Like many of my Senate colleagues, I had hoped that strengthening our 
relationship with Vietnam on the trade and economic front and 
supporting Vietnam's integration into the international community would 
dramatically improve Vietnam's human rights record.
  But that has not turned out to be the case.
  The United States has removed Vietnam from its list of Countries of 
Particular Concern, granted Vietnam permanent normalized trade 
relations, and supported Vietnam's bid to join the World Trade 
Organization, yet Vietnam continues to arrest its citizens for their 
peaceful advocacy of political views.
  It also continues to strictly restrict religious freedom, to harass 
and detain labor activists, and to refuse its citizens the basic rights 
of freedom of association, assembly, and expression.
  Just last year, Vietnam carried out one of its harshest crackdowns in 
20 years against peaceful protestors calling for political change.
  The crackdown, which continued through mid-2007, led to the arrest of 
hundreds of individuals, including Father Nguyen Van Ly, who was 
sentenced to 8 years in prison.
  This crackdown happened shortly before the visit of Vietnamese 
President Nguyen Minh Triet to the United States last June.
  At the end of 2007, the United States Commission on International 
Religious Freedom summed up Vietnam's recent behavior this way:

       Vietnam's overall human rights record remains very poor and 
     deteriorated in the last year . . . Dozens of legal and 
     political reform advocates, free speech activists, labor 
     unionists, and independent religious leaders and religious 
     freedom advocates have been arrested, placed under home 
     detention or surveillance, threatened, intimidated, and 
     harassed.

  Now we are witnessing yet another crackdown--this time on Catholic 
Church members in Hanoi who have been holding prayer vigils to demand 
the return of properties confiscated after the Communist government 
took power in the 1950s.
  The Vietnamese government has responded to these protests through 
intimidation, violence, and arrest.
  Just last week, Ben Stocking, the Bureau Chief for the Associated 
Press in Hanoi, was beaten by Vietnamese security forces for 
photographing one such vigil. It is time for such behavior to stop.
  The Boxer bill seeks to improve human rights in Vietnam by shifting 
the focus of U.S. non-humanitarian foreign aid to a comprehensive 
approach that does more to address human rights.
  The bill specifically requires that any spending increase for U.S. 
non-humanitarian development, economic, trade, and security assistance 
to Vietnam be matched by additional funding for programs focusing on 
human rights, the rule of law, and democracy promotion.
  To date, the majority of non-humanitarian U.S. assistance programs to 
Vietnam have focused on business, trade, and security, and have not 
effectively addressed human rights abuses.
  In addition, the bill outlines objectives for U.S. diplomacy with 
Vietnam on human rights related issues and encourages Vietnam to 
release its religious and political prisoners.
  The Boxer bill also prohibits Vietnam from having access to the U.S. 
Generalized System of Preferences, GSP, program until Vietnam improves 
its labor standards. The GSP program allows developing countries to 
import certain items into the U.S. duty-free.
  While the 110th Congress will shortly come to an end, I wanted to 
introduce this legislation as a signal to the Vietnamese government 
that its record on human rights and recent behavior has not gone 
unnoticed. I intend to reintroduce this legislation very early in the 
111th Congress.

[[Page 23662]]

  Let me be clear. I support a strong bilateral relationship between 
Vietnam and the United States. But the Vietnamese government must 
dramatically improve its human rights record in order for our 
relationship to grow.

                          ____________________