[Pages S3146-S3162]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. REID (for Mrs. Clinton):
S. 2877. A bill to improve and enhance research and programs on
cancer survivorship, and for other purposes; to the Committee on
Health, Education, Labor, and Pensions.
Mrs. CLINTON. Mr. President, I rise to introduce the Pediatric,
Adolescent, and Young Adult Cancer Survivorship and Quality of Life
Act, legislation introduced on the House side by Representatives Solis
and Bono.
The National Cancer Institute estimates that there are more than 10
million cancer survivors in the United States. Advances in medical
research have resulted in earlier diagnoses, more effective treatments,
and improvements in medical outcomes for Americans with cancer.
These advances in cancer care are especially evident when examining
our gains for pediatric cancers. The 5-year survival rate for children
with cancer has improved markedly over the past decades, from 56
percent for those diagnosed in the mid-1970s to 79 percent for those
diagnosed between 1995 and 2000. There are now more than 270,000
childhood cancer survivors in the U.S., and that number is expected to
increase as we gain a better understanding of pediatric cancers and
ways to treat them.
But in the years that we have made these gains in addressing cancer
in children, we have also learned that many of these survivors
experience what are known as ``late effects'' resulting from either the
cancer or its treatment. These late effects include things like
additional cancers, osteoporosis, heart problems and reduced lung
capacity. As many as a quarter of childhood cancer survivors experience
late effects that are serious or life-threatening. We must be doing
more to ensure that the quality of life of children who have survived
cancer is as high as possible, and that life-saving treatments result
in as few long-term side effects as possible.
It is also important to note that health care disparities also impact
pediatric cancer care and survivorship. African-Americans, Hispanics,
and Asian/Pacific Islander children have

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higher rates of certain cancers than their white counterparts. In
addition, due to disparities in access to care, these individuals may
fail to receive adequate treatments for late effects of cancers. We
need to improve our efforts to ensure that racial and ethnic
disparities are eliminated from cancer care.
In a 2005 report, titled ``From Cancer Patient to Cancer Survivor:
Lost in Transition'', the Institute of Medicine, IOM, recommended
several measures we can take as a nation to improve the quality of life
for children and young adults who are impacted by cancer. The
legislation that I am introducing today will allow us to implement some
of those recommendations, including expansion of cancer control and
surveillance programs, increasing research in survivorship, and
developing model systems of care and monitoring for cancer survivors.
It will also create grants to establish childhood cancer survivorship
clinics, and help childhood cancer organizations expand and improve
their work in providing care and treatment.
I look forward to working with my colleagues in the Senate to ensure
that we address the needs of cancer survivors throughout the lifespan,
and help to improve the quality of life for the many children and
families that struggle with a cancer diagnosis.
______

By Mr. SALAZAR:
S. 2879. A bill to provide for orderly and balanced development of
energy resources within the Roan Plateau Planning Area of Colorado, and
for other purposes; to the Committee on Energy and Natural Resources.
Mr. SALAZAR. Mr. President, I rise today to introduce legislation to
ensure responsible development of the energy resources under Colorado's
Roan Plateau in a manner that minimizes the adverse impacts on its
unique ecological resources while maximizing the financial returns to
the State of Colorado and to our country. This legislation was
developed jointly with my colleagues Representative John Salazar and
Representative Mark Udall, who plan to introduce the legislation today
in the House.
The Roan Plateau, an area of pristine wilderness in northwestern
Colorado, rises 3,500 feet out of the Colorado River Valley. It boasts
native cutthroat trout streams and has some of the best winter elk and
mule deer habitat left in the heavily developed Piceance Basin. The
Roan has long been a favorite destination for hunters and anglers. The
mule deer, elk, black bear, and native trout that find habitat on top
and at the base of the Roan Plateau are an economic engine all their
own, drawing tourism and recreation dollars to towns like Glenwood
Springs, Rifle, Silt, and Parachute.
Recently the Department of Interior's Bureau of Land Management,
which oversees the public lands on the Roan and the minerals beneath
them, announced that it is opening these lands for energy development.
Under the BLM plan, 67,000 acres of public lands on and around the Roan
Plateau will be open for natural gas drilling as soon as this year. We
in Colorado are blessed to be home to significant energy resources, and
tapping these resources is important to sustain our Nation's energy
needs and invigorate the Colorado State economy. But in its current
form, the BLM plan lacks adequate protections for the Roan's land,
water, and wildlife--the very things that support the outfitters,
guides, hotels and restaurants in the area. And by proposing to lease
all of the undeveloped public lands at once, the BLM plan would sell
Colorado short.
Drilling is already happening on roughly half of the plateau that is
either owned or leased by the natural gas industry. Without question,
western Colorado is experiencing a boom in energy development. During
the decade of the 1990s, the average number of completed gas wells per
year in Garfield County--the home of the Roan--was 80. The number of
completed wells has climbed rapidly since 2000, setting a new high each
year. In 2006, 840 new wells were completed in Garfield County. This
rapid expansion of activity has created new jobs in the region, but has
also stoked new conflicts between the energy values and environmental,
ecological, and recreation values of these lands. The impacts of this
development are being felt by landowners and outdoor enthusiasts alike.
Sportsmen have watched as public hunting areas, habitat, and important
watersheds have been irreparably degraded as a result of widespread
development.
With this level of development occurring we must ensure that the most
pristine areas of the plateau that remain are protected, that oil and
gas development in the region occurs with minimal disturbance, and that
Colorado receives the best possible financial return on any oil and gas
leases.
Our legislation has three main functions that work to address these
issues. First, it requires phased leasing on top of the plateau to
maximize state revenues and better protect wildlife habitat and the
environment. Second, it ensures protection of critical cutthroat trout
watersheds and other wildlife habitat on top and around the base of the
Roan Plateau. Lastly, it contains a conforming amendment to the
Transfer Act to ensure that Colorado receives its fair share of leasing
revenues rather than directing this money, as the Transfer Act
specifies, to the Anvil Points cleanup fund, which is in surplus.
The phased leasing provision requires BLM to lease less sensitive
areas outside of cutthroat trout watersheds first, rather than leasing
all available development areas at once. In selecting areas for
leasing, BLM must take into consideration various factors designed to
maximize leasing revenues and to minimize the environmental and
ecological impacts of development. Phased leasing will generate higher
per-lease bids from industry--and more money for the Treasury and
Colorado--than the current BLM plan to lease the entire designated
development areas at once.
The special protection provisions of the bill expand BLM's designated
``Areas of Critical Environmental Concern,'' ACECs, to include the
headwaters of Northwater Creek and the East Fork of Parachute Creek
above the confluence with First Anvil Creek--both of which are critical
native cutthroat trout watersheds. The bill also permits gas
development activities on top of the plateau outside ACECs that are
within development corridors along existing ridge-top roads on slopes
not exceeding 20 percent. These measures will protect critical elk and
mule deer habitat around the base of the plateau, while allowing
development and recovery of the available natural gas under the Roan.
In 1907, President Teddy Roosevelt told a crowd that, ``In utilizing
and conserving the natural resources of the Nation the one
characteristic more essential than any other is foresight. The
conservation of our natural resources and their proper use constitute
the fundamental problem which underlies almost every other problem of
our national life.'' President Roosevelt's wisdom--over a century
later--is as valuable as ever to a Nation committed to protecting its
land and water, but that is in dire need of affordable, domestic
sources of energy.
The Roan is a special place. Protecting our State's last few
remaining wild spaces, maximizing oil and gas leasing revenues from
these areas and supporting the communities that surround them need not
be at odds. This bill will replace BLM's plan with a better, more
balanced approach that will protect the most critical areas on the top
of the Roan and provide the most benefit to the State of Colorado.
______

By Mr. DURBIN:
S. 2881. A bill to establish national standards for discharges from
cruise vessels into the waters of the United States, and for other
purposes; to the Committee on Commerce, Science, and Transportation.
Mr. DURBIN. Mr. President, if I said there was an industry that
generates millions of gallons of wastewater every day and that can dump
that waste with virtually no oversight, you might think that I was
recalling the days before the Clean Water Act. The truth is, though,
that such an industry exists today. I am talking about cruise ships.
That is why I am introducing the Clean Cruise Ship Act of 2008. This
bill will require cruise ships to upgrade their wastewater treatment
systems to meet the standards of today's best available technology,
which has been shown to significantly reduce the amount of pollutants
discharged from ships. This technology is already being

[[Page S3148]]

used successfully on cruise ships in Alaska, thanks to that State's
forward-thinking regulations.
The problem is real. The number of cruise ship passengers has been
growing nearly twice as fast as any other mode of travel. In the U.S.
alone the numbers are approaching ten million passengers a year. Some
of these ships can carry 3,000 passengers. That is the size of a small
city. As cities do, these ships produce massive amounts of waste--over
200,000 gallons of sewage each week; a million gallons of graywater
from galleys, laundry, and showers; and over 35,000 gallons of oily
bilge water that collects in ship bottoms.
Wastewater from cities, of course, is highly regulated. America
wouldn't tolerate anything less. A city cannot simply dump waste into
our waterways. We've seen, of course, what happens when municipal
wastewater treatment systems are poorly operated or break down. People
fall ill, beaches are closed, and ecosystems are harmed.
So what's the story for waste from cruise ships? Let us start with
``black water'' sewage--human body wastes and other toilet waste.
Within three miles of shore, vessels can discharge this waste provided
that a ``marine sanitation device'' is installed. The Environmental
Protection Agency released a draft report in December, however, that
concluded that these systems simply don't work. These sewage treatment
devices leave discharges that consistently exceed national effluent
standards for fecal coliform and other pathogens and pollutants. In
fact, fecal coliform levels in effluent are typically 20 to 200 times
greater than in untreated domestic wastewater.
Beyond three miles from shore there are no restrictions on sewage
discharge. Cruise ships are free to dump their sewage and foul U.S.
waters with impunity.
The situation for graywater may be even more serious. Except in
Alaska, cruise ship graywater requires no treatment whatsoever before
being discharged, and there are no restrictions on where that dumping
can be done. Yet graywater from sinks, tubs, and kitchens contains
large amounts of pathogens and pollutants--amounts that would never be
tolerated from a land-based business. Fecal coliform concentrations,
for example, are ten to a thousand times greater than those in
untreated domestic wastewater. These pollutants sicken our marine
ecosystems, wash up onto our beaches, and contaminate food and
shellfish that end up on our dinner plates.

The Clean Cruise Ship Act seeks to solve this oversight in the
current regulations, just as Alaska State law has done. No discharges
whatsoever would be allowed within 12 miles of shore. Beyond twelve
miles, discharges of sewage, graywater, and bilge water would be
allowed, provided that they meet national effluent limits consistent
with the best available technology. That technology works and is
commercially available now. The recent Environmental Protection Agency
study found that these ``advanced wastewater treatment'' systems
effectively remove pathogens, suspended solids, metals, and oil and
grease.
Under this legislation, the release of raw, untreated sewage would be
banned everywhere. No dumping would be allowed of sewage sludge and
incinerator ash in U.S. waters. All cruise ships calling on U.S. ports
would have to dispose of hazardous waste in accordance to the Resource
Conservation and Recovery Act. The bill would establish inspection and
enforcement mechanisms to ensure compliance.
There is one thing at this point I'd like to make clear. Many of us
here have been working hard to stop aquatic invasive species that slip
into our lakes and coastal waters in discharged ballast water. Alien
species that have escaped into U.S. waters are causing massive harm. We
have to do everything in our power to prevent new invasive species from
getting loose.
With this in mind, many of us have been closely watching court cases
surrounding the Environmental Protection Agency's responsibility for
regulating ballast water under the Clean Water Act. That litigation may
have implications for cruise ship wastewater pollution.
I have no intention of interfering with this court case. Likewise, I
want to emphasize that this bill in no way undermines the provisions of
the Clean Water Act that deal with discharges of pollution into the
nation's waters. I have always supported the Clean Water Act. It will
continue to be an important tool that, in conjunction with the Clean
Cruise Ship Act, can significantly reduce wastewater pollution from
cruise ships.
The protection of U.S. waters is vital to our Nation's health and
economy. There are 4.5 million square miles of ocean in the U.S.
territorial seas--23 percent larger than our Nation's landmass. That's
more than any other country has. Cruise ship wastewater threatens the
very environments that family vacationers want to visit. Current
regulations and voluntary guidelines for the cruise ship industry just
aren't good enough. No other industry is allowed to pollute our waters
at will. The cruise ship industry is growing at nearly 5 percent each
year, which means that the problem is growing, as well.
Uncontrolled dumping of cruise ship pollution must stop. We can
achieve that goal with the Clean Cruise Ship Act. I recognize, though,
that there may be other valid approaches. I encourage my colleagues to
work with me to pass legislation this year that will put a stop to the
dumping of hazardous pollutants along our coasts. Together we can clean
up this major source of pollution that is harming our waters.
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. 2881

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 ``Clean
Cruise Ship Act of 2008''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Prohibitions on the discharge of sewage, graywater, bilge
water, sewage sludge, incinerator ash, and hazardous
waste.
Sec. 5. Effluent limits for discharges of sewage, graywater, and bilge
water.
Sec. 6. Alaskan cruise vessels.
Sec. 7. Inspection and sampling.
Sec. 8. Employee protection.
Sec. 9. Judicial review.
Sec. 10. Enforcement.
Sec. 11. Citizen suits.
Sec. 12. Sense of Congress on ballast water.
Sec. 13. Sense of Congress on air pollution.
Sec. 14. Funding.
Sec. 15. Effect on other law.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds the following:
(1) Cruise vessels carry millions of people through North
American waters each year, showcase some of the most
beautiful ocean areas in the United States, and provide
opportunities for passengers to relax and enjoy the oceans
and marine ecosystems.
(2) A single cruise vessel generates a tremendous amount of
waste each week, including an estimated 140,000 to 210,000
gallons of blackwater (sewage) and 1,000,000 gallons of
graywater (including wastewater from dishwashers, showers,
laundry, baths, and washbasins). Onboard amenities such as
photo-processing, dry-cleaning, and hairdressing also
generate hazardous waste streams.
(3) In its final report, ``An Ocean Blueprint for the 21st
Century'', released in 2004, the United States Commission on
Ocean Policy found that these waste streams and the
cumulative impacts caused when cruise vessels repeatedly
visit the same environmentally sensitive areas, ``if not
properly disposed of and treated, can be a significant source
of pathogens and nutrients with the potential to threaten
human health and damage shellfish beds, coral reefs, and
other aquatic life,'' thus threatening the very environments
cruise vessel passengers seek to explore.
(4) The cruise industry has grown by more than 6 percent
annually since 2003 and is projected to continue growing.
Cruise vessel capacity is also expanding dramatically; today
cruise vessels can transport 5,000 passengers and crew
members, but the next generation of cruise vessels is
expected to carry 7,000 passengers and crew members. As the
total number of passengers increases and the number of
passengers per ship increases, the volume of waste entering
these ocean ecosystems and the impact of that waste on ocean
ecosystems will also increase.
(5) In a 2005 report requested by the International Council
of Cruise Lines, the Ocean Conservation and Tourism Alliance
(OCTA) Science Panel recommended that ``[a]ll blackwater
should be treated'', that discharging treated blackwater
should be ``avoided in ports, close to bathing beaches or
water bodies with restricted circulation,

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flushing or inflow'', and that blackwater should not be
discharged within 4 nautical miles of shellfish beds, coral
reefs, or other sensitive habitats.
(6) The OCTA Science Panel further recommended that
graywater be treated in the same manner as blackwater and
that sewage sludge be off-loaded to approved land-based
facilities.
(7) The United States lacks a comprehensive wastewater
management policy for large passenger vessels, and a new
statutory regime for managing wastewater discharges from
large passenger vessels that applies throughout the United
States is needed to protect coastal and ocean areas from
pollution generated by cruise vessels, to reduce and better
regulate discharges from cruise vessels, and to improve
monitoring, reporting, and enforcement of standards regarding
discharges.
(b) Purpose.--The purpose of this Act is to protect the
health and beauty of the marine and coastal ecosystems that
cruise passengers enjoy, by--
(1) prohibiting the discharge of any untreated sewage,
graywater, or bilge water from a cruise vessel calling on a
port of the United States into the waters of the United
States;
(2) prohibiting the discharge of any sewage sludge,
incinerator ash, or hazardous waste from a cruise vessel
calling on a port of the United States into the waters of the
United States;
(3) establishing new national effluent limits for the
discharge of treated sewage, treated graywater, and treated
bilge water from cruise vessels not less than 12 miles from
shore in any case in which the discharge is not within an
area in which discharges are prohibited; and
(4) ensuring that cruise vessels calling on ports of the
United States comply with all applicable environmental laws.

SEC. 3. DEFINITIONS.

In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Bilge water.--The term ``bilge water'' means waste
water that includes lubrication oils, transmission oils, oil
sludge or slops, fuel or oil sludge, used oil, used fuel or
fuel filters, or oily waste.
(3) Citizen.--The term ``citizen'' means a person that has
an interest that is or may be adversely affected by any
provision of this Act.
(4) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(5) Cruise vessel.--The term ``cruise vessel''--
(A) means a passenger vessel (as defined in section
2101(22) of title 46, United States Code), that--
(i) is authorized to carry at least 250 passengers; and
(ii) has onboard sleeping facilities for each passenger;
and
(B) does not include--
(i) a vessel of the United States operated by the Federal
Government; or
(ii) a vessel owned and operated by the government of a
State.
(6) Discharge.--The term ``discharge''--
(A) means a release, however caused, of bilge water,
graywater, hazardous waste, incinerator ash, sewage, or
sewage sludge from a cruise vessel; and
(B) includes any escape, disposal, spilling, leaking,
pumping, emitting, or emptying of a substance described in
subparagraph (A).
(7) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given that term in section 107 of
title 46, United States Code.
(8) Graywater.--The term ``graywater'' means galley,
dishwasher, bath, spa, pool, and laundry waste water.
(9) Great lake.--The term ``Great Lake'' means--
(A) Lake Erie;
(B) Lake Huron (including Lake Saint Clair);
(C) Lake Michigan;
(D) Lake Ontario; or
(E) Lake Superior.
(10) Hazardous waste.--The term ``hazardous waste'' has the
meaning given that term in section 1004 of the Solid Waste
Disposal Act (42 U.S.C. 6903).
(11) Incinerator ash.--The term ``incinerator ash'' means
ash generated during the incineration of solid waste or
sewage sludge.
(12) No discharge zones.--The term ``no discharge zones''
means important ecological areas including marine
sanctuaries, marine protected areas, marine reserves, marine
national monuments, national parks, and national wildlife
refuges.
(13) Passenger.--The term ``passenger'' means a paying
passenger.
(14) Person.--The term ``person'' means--
(A) an individual;
(B) a corporation;
(C) a partnership;
(D) a limited liability company;
(E) an association;
(F) a State;
(G) a municipality;
(H) a commission or political subdivision of a State; or
(I) an Indian tribe.
(15) Sewage.--The term ``sewage'' means--
(A) human body wastes; and
(B) the wastes from toilets and other receptacles intended
to receive or retain human body wastes.
(16) Sewage sludge.--The term ``sewage sludge''--
(A) means any solid, semi-solid, or liquid residue removed
during the treatment of on-board sewage;
(B) includes--
(i) solids removed during primary, secondary, or advanced
waste water treatment;
(ii) scum;
(iii) septage;
(iv) portable toilet pumpings;
(v) type III marine sanitation device pumpings (as defined
in part 159 of title 33, Code of Federal Regulations); and
(vi) sewage sludge products; and
(C) does not include--
(i) grit or screenings; or
(ii) ash generated during the incineration of sewage
sludge.
(17) Territorial sea.--The term ``territorial sea''--
(A) means the belt of the sea extending 12 nautical miles
from the baseline of the United States determined in
accordance with international law, as set forth in
Presidential Proclamation number 5928, dated December 27,
1988; and
(B) includes the waters lying seaward of the line of
ordinary low water and extending to the baseline of the
United States, as determined under subparagraph (A).
(18) Waters of the united states.--The term ``waters of the
United States'' means the waters of the territorial sea, the
exclusive economic zone, and the Great Lakes.

SEC. 4. PROHIBITIONS ON THE DISCHARGE OF SEWAGE, GRAYWATER,
BILGE WATER, SEWAGE SLUDGE, INCINERATOR ASH,
AND HAZARDOUS WASTE.

(a) Prohibitions on Discharge of Sewage, Graywater, and
Bilge Water.--Except as provided in subsection (c) or section
6, no cruise vessel calling on a port of the United States
may discharge sewage, graywater, or bilge water into the
waters of the United States, unless--
(1) the effluent of treated sewage, treated graywater, or
treated bilge water meets all applicable effluent limits
established under this Act and is in accordance with all
other applicable laws;
(2) the cruise vessel is underway and proceeding at a speed
of not less than 6 knots;
(3) the cruise vessel is not less than 12 nautical miles
from shore;
(4) the cruise vessel is not discharging in no discharge
zones; and
(5) the cruise vessel complies with all applicable
management standards established under this Act.
(b) Prohibition on Discharge of Sewage Sludge, Incinerator
Ash, and Hazardous Waste.--No sewage sludge, incinerator ash,
or hazardous waste may be discharged into the waters of the
United States. Such sewage sludge, incinerator ash, and
hazardous waste shall be off-loaded at an appropriate land-
based facility.
(c) Safety Exception.--
(1) Scope of exception.--The provisions of subsections (a)
and (b) shall not apply in any case in which--
(A) a discharge is made solely for the purpose of securing
the safety of the cruise vessel or saving a human life at
sea; and
(B) all reasonable precautions have been taken to prevent
or minimize the discharge.
(2) Notification of commandant.--
(A) In general.--If the owner, operator, master, or other
individual in charge of a cruise vessel authorizes a
discharge described in paragraph (1), such individual shall
notify the Commandant of the decision to authorize the
discharge as soon as practicable, but not later than 24
hours, after authorizing the discharge.
(B) Report.--Not later than 7 days after the date on which
an individual described in subparagraph (A) notifies the
Commandant of a decision to authorize a discharge under
paragraph (1), the individual shall submit to the Commandant
a report that includes--
(i) the quantity and composition of each discharge
authorized under paragraph (1);
(ii) the reason for authorizing each such discharge;
(iii) the location of the vessel during the course of each
such discharge; and
(iv) such other supporting information and data as are
requested by the Commandant.
(C) Disclosure of reports.--Upon receiving a report under
subparagraph (B), the Commandant shall--
(i) transmit a copy of the report to the Administrator; and
(ii) make the report available to the public.

SEC. 5. EFFLUENT LIMITS FOR DISCHARGES OF SEWAGE, GRAYWATER,
AND BILGE WATER.

(a) Effluent Limits.--
(1) In general.--Not later than 12 months after the date of
the enactment of this Act, the Administrator shall promulgate
effluent limits for sewage, graywater, and bilge water
discharges from cruise vessels calling on ports of the United
States.
(2) Requirements.--The effluent limits shall, at a
minimum--
(A) be consistent with the capability of the best available
technology to treat effluent;
(B) require compliance with all relevant State and Federal
water quality standards; and
(C) take into account the best available scientific
information on the environmental effects of sewage,
graywater, and bilge water discharges, including levels of
nutrients, total and dissolved metals, pathogen indicators,
oils and grease, classical pollutants, and volatile and
semivolatile organics.
(b) Minimum Limits.--The effluent limits promulgated under
subsection (a) shall require, at a minimum, that treated
sewage,

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treated graywater, and treated bilge water effluent
discharges from cruise vessels, measured at the point of
discharge, shall, not later than the date described in
subsection (d), meet the following standards:
(1) In general.--The discharge shall satisfy the minimum
level of effluent quality specified in section 133.102 of
title 40, Code of Federal Regulations (or a successor
regulation).
(2) Fecal coliform.--With respect to the samples from the
discharge during any 30-day period--
(A) the geometric mean of the samples shall not exceed 20
fecal coliform per 100 milliliters; and
(B) not more than 10 percent of the samples shall exceed 40
fecal coliform per 100 milliliters.
(3) Residual chlorine.--Concentrations of total residual
chlorine in samples shall not exceed 10 milligrams per liter.
(c) Review and Revision of Effluent Limits.--The
Administrator shall--
(1) review the effluent limits promulgated under subsection
(a) at least once every 5 years; and
(2) revise the effluent limits as necessary to incorporate
technology available at the time of the review in accordance
with subsection (a)(2).
(d) Compliance Date.--
(1) In general.--The date described in this subsection is--
(A) with respect to new vessels put into water after the
date of the enactment of this Act, 2 years after such date of
enactment; and
(B) with respect to vessels in use as of such date of
enactment, 5 years after such date of enactment.
(2) New vessel defined.--In this subsection, the term ``new
vessel'' means a vessel the keel of which is laid, or that is
at a similar stage of construction, on or after the date of
the enactment of this Act.

SEC. 6. ALASKAN CRUISE VESSELS.

(a) In General.--An Alaskan cruise vessel shall not be
subject to the provisions of this Act (including regulations
promulgated under this Act) until the date that is 10 years
after the date of the enactment of this Act.
(b) Definition of Alaskan Cruise Vessel.--In this section,
the term ``Alaskan cruise vessel'' means a cruise vessel--
(1) while the vessel is operating in waters of the State of
Alaska, as defined in section 159.305 of title 33, Code of
Federal Regulations; and
(2) that complies with all relevant laws and regulations of
the State of Alaska while in transit from a port of call
outside of the State of Alaska to the waters of the State of
Alaska.

SEC. 7. INSPECTION AND SAMPLING.

(a) Development and Implementation of Inspection Program.--
(1) In general.--The Administrator shall promulgate
regulations to implement a sampling and testing program, and
the Commandant shall promulgate regulations to implement an
inspection program, sufficient to verify that cruise vessels
calling on ports of the United States are in compliance
with--
(A) this Act (including regulations promulgated under this
Act);
(B) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) (including regulations promulgated under that Act);
(C) other applicable Federal laws and regulations; and
(D) all applicable requirements of international
agreements.
(2) Inspections.--The program shall require that--
(A) regular announced and unannounced inspections be
conducted of any relevant aspect of cruise vessel operations,
equipment, or discharges, including sampling and testing of
cruise vessel discharges; and
(B) each cruise vessel that calls on a port of the United
States be subject to an unannounced inspection at least once
per year.
(b) Regulations.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commandant, in consultation
with the Administrator, shall promulgate regulations that, at
a minimum--
(A) require the owner, operator, master, or other
individual in charge of a cruise vessel to maintain and
submit annually a logbook detailing the times, types,
volumes, flow rates, origins, and specific locations of, and
explanations for, any discharges from the cruise vessel;
(B) provide for routine announced and unannounced
inspections of--
(i) cruise vessel environmental compliance records and
procedures; and
(ii) the functionality and proper operation of installed
equipment for abatement and control of any cruise vessel
discharge, including equipment intended to treat sewage,
graywater, or bilge water;
(C) require the sampling and testing of cruise vessel
discharges that require the owner, operator, master, or other
individual in charge of a cruise vessel--
(i) to conduct that sampling or testing at the point of
discharge; and
(ii) to produce any records of the sampling or testing;
(D) require any owner, operator, master, or other
individual in charge of a cruise vessel who has knowledge of
a discharge from the cruise vessel in violation of this Act
(including regulations promulgated under this Act) to report
immediately the discharge to the Commandant, who shall
provide notification of the discharge to the Administrator;
and
(E) require the owner, operator, master, or other
individual in charge of a cruise vessel to provide to the
Commandant and Administrator a blueprint of each cruise
vessel that includes the location of every discharge pipe and
valve.
(2) Disclosure of logbooks.--Upon receiving a logbook
described in paragraph (1)(A), the Commandant shall--
(A) transmit a copy of the logbook to the Administrator;
and
(B) make the logbook available to the public.
(c) Evidence of Compliance.--
(1) Vessel of the united states.--
(A) In general.--A cruise vessel registered in the United
States to which this Act applies shall have a certificate of
inspection issued by the Commandant.
(B) Issuance of certificate.--The Commandant may issue a
certificate described in subparagraph (A) only after the
cruise vessel has been examined and found to be in compliance
with this Act, including prohibitions on discharges and
requirements for effluent limits, as determined by the
Commandant.
(C) Validity of certificate.--A certificate issued under
this paragraph--
(i) shall be valid for a period of not more than 5 years,
beginning on the date of issuance of the certificate;
(ii) may be renewed as specified by the Commandant; and
(iii) shall be suspended or revoked if the Commandant
determines that the cruise vessel for which the certificate
was issued is not in compliance with the conditions under
which the certificate was issued.
(D) Special certificates.--The Commandant may issue special
certificates to certain vessels that exhibit compliance with
this Act and other best practices, as determined by the
Commandant, after public notice and comment.
(2) Foreign vessel.--
(A) In general.--A cruise vessel registered in a country
other than the United States to which this Act applies may
operate in the waters of the United States, or visit a port
or place under the jurisdiction of the United States, only if
the cruise vessel has been issued a certificate of compliance
by the Commandant.
(B) Issuance of certificate.--The Commandant may issue a
certificate described in subparagraph (A) to a cruise vessel
only after the cruise vessel has been examined and found to
be in compliance with this Act, including prohibitions on
discharges and requirements for effluent limits, as
determined by the Commandant.
(C) Acceptance of foreign documentation.--The Commandant
may consider a certificate, endorsement, or document issued
by the government of a foreign country under a treaty,
convention, or other international agreement to which the
United States is a party, in issuing a certificate of
compliance under this paragraph. Such a certificate,
endorsement, or document shall not serve as a proxy for
certification of compliance with this Act.
(D) Validity of certificate.--A certificate issued under
this section--
(i) shall be valid for a period of not more than 24 months,
beginning on the date of issuance of the certificate;
(ii) may be renewed as specified by the Commandant; and
(iii) shall be suspended or revoked if the Commandant
determines that the cruise vessel for which the certificate
was issued is not in compliance with the conditions under
which the certificate was issued.
(d) Cruise Observer Program.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commandant shall establish and
carry out a program for the placement of 1 or more trained
independent observers on each cruise vessel.
(2) Purposes.--The purposes of the cruise observer program
established under paragraph (1) are to monitor and inspect
cruise vessel operations, equipment, and discharges to ensure
compliance with--
(A) this Act (including regulations promulgated under this
Act); and
(B) all other relevant Federal laws, regulations, and
international agreements.
(3) Responsibilities.--An observer described in paragraph
(1) shall--
(A) observe and inspect--
(i) onboard environmental treatment systems;
(ii) use of shore-based treatment and storage facilities;
(iii) discharges and discharge practices; and
(iv) blueprints, logbooks, and other relevant information,
including fuel consumption and atmospheric emissions;
(B) have the authority to interview and otherwise query any
crew member with knowledge of vessel operations;
(C) have access to all data and information made available
to government officials under this section;
(D) immediately report any known or suspected violation of
this Act or any other applicable Federal law or international
agreement to--
(i) the Coast Guard; and
(ii) the Environmental Protection Agency; and
(E) maintain a logbook to be submitted to the Commandant
and the Administrator annually and to be made available to
the public.

[[Page S3151]]

(4) Adaptive management.--The program established and
carried out by the Commandant under paragraph (1) shall also
include--
(A) a method for collecting and reviewing data related to
the efficiency and operation of the program; and
(B) periodic revisions to the program based on the data
collected under subparagraph (A).
(5) Report.--Not later than 3 years after the establishment
of the program described in paragraph (1), the Commandant
shall submit to Congress a report describing--
(A) the results of the program;
(B) recommendations for optimal observer coverage; and
(C) other recommendations for improvement of the program.
(e) Onboard Monitoring System Pilot Program.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Administrator of the National
Oceanic and Atmospheric Administration, in consultation with
the Administrator and the Commandant, shall establish, and
for each of fiscal years 2008 through 2013, shall carry out,
with industry partners as necessary, a pilot program to
develop and promote commercialization of technologies to
provide real-time data to Federal agencies regarding--
(A) discharges of sewage, graywater, and bilge water from
cruise vessels; and
(B) functioning of cruise vessel components relating to
fuel consumption and control of air and water pollution.
(2) Technology requirements.--Technologies developed under
the program described in paragraph (1)--
(A) shall have the ability to record--
(i) the location and time of discharges from cruise
vessels;
(ii) the source, content, and volume of the discharges; and
(iii) the state of components relating to pollution control
at the time of the discharges, including whether the
components are operating correctly; and
(B) shall be tested on not less than 10 percent of all
cruise vessels operating in the territorial sea of the United
States, including large and small vessels.
(3) Participation of industry.--
(A) Competitive selection process.--Industry partners
willing to participate in the program may do so through a
competitive selection process conducted by the Administrator
of the National Oceanic and Atmospheric Administration.
(B) Contribution.--A selected industry partner shall
contribute not less than 20 percent of the cost of the
project in which the industry partner participates.
(4) Adaptive management.--The program established and
carried out by the Administrator of the National Oceanic and
Atmospheric Administration pursuant to paragraph (1) shall
also include--
(A) a method for collecting and reviewing data related to
the efficiency and operation of the program; and
(B) periodic revisions to the program based on the data
collected under subparagraph (A).
(5) Report.--Not later than 3 years after the date of the
enactment of this Act, the Administrator of the National
Oceanic and Atmospheric Administration shall submit to
Congress a report describing--
(A) the results of the program;
(B) recommendations for continuing the program; and
(C) other recommendations for improving the program.

SEC. 8. EMPLOYEE PROTECTION.

(a) Prohibition of Discrimination Against Persons Filing,
Instituting, or Testifying in Proceedings Under This Act.--No
person shall terminate the employment of, or in any other way
discriminate against (or cause the termination of employment
of or discrimination against), any employee or any authorized
representative of employees by reason of the fact that the
employee or representative--
(1) has filed, instituted, or caused to be filed or
instituted any proceeding under this Act; or
(2) has testified or is about to testify in any proceeding
resulting from the administration or enforcement of the
provisions of this Act.
(b) Application for Review; Investigation; Hearings;
Review.--
(1) In general.--An employee or a representative of an
employee who believes that the termination of the employment
of the employee has occurred, or that the employee has been
discriminated against, as a result of the actions of any
person in violation of subsection (a) may, not later than 30
days after the date on which the alleged violation occurred,
apply to the Secretary of Labor for a review of the alleged
termination of employment or discrimination.
(2) Application.--A copy of an application for review filed
under paragraph (1) shall be sent to the respondent.
(3) Investigation.--
(A) In general.--On receipt of an application for review
under paragraph (1), the Secretary of Labor shall carry out
an investigation of the alleged violation.
(B) Requirements.--In carrying out this subsection, the
Secretary of Labor shall--
(i) provide an opportunity for a public hearing at the
request of any party to the review to enable the parties to
present information relating to the alleged violation;
(ii) ensure that, at least 5 days before the date of the
hearing, each party to the hearing is provided written notice
of the time and place of the hearing; and
(iii) ensure that the hearing is on the record and subject
to section 554 of title 5, United States Code.
(C) Findings of secretary.--On completion of an
investigation under this paragraph, the Secretary of Labor
shall--
(i) make findings of fact;
(ii) if the Secretary of Labor determines that a violation
did occur, issue a decision, incorporating an order and the
findings, requiring the person that committed the violation
to take such action as is necessary to abate the violation,
including the rehiring or reinstatement, with compensation,
of an employee to the former position of the employee; and
(iii) if the Secretary of Labor determines that there was
no violation, issue an order denying the application.
(D) Order.--An order issued by the Secretary of Labor under
subparagraph (C) shall be subject to judicial review in the
same manner as orders and decisions of the Administrator are
subject to judicial review under this Act.
(c) Costs and Expenses.--In any case in which an order is
issued under this section to abate a violation, at the
request of the applicant, a sum equal to the aggregate amount
of all costs and expenses (including attorneys' fees), as
determined by the Secretary of Labor, to have been reasonably
incurred by the applicant for, or in connection with, the
institution and prosecution of the proceedings, shall be
assessed against the person committing the violation.
(d) Deliberate Violations by Employees Acting Without
Direction From Employer or Agent.--This section shall not
apply to any employee who, without direction from the
employer of the employee (or agent of the employer),
deliberately violates any provision of this Act.

SEC. 9. JUDICIAL REVIEW.

(a) Review of Actions by Administrator or Commandant;
Selection of Court; Fees.--
(1) Review of actions.--
(A) In general.--Any interested person may petition for a
review, in the United States court of appeals for the circuit
in which the person resides or transacts business directly
affected by the action of which review is requested--
(i) of an action of the Administrator in promulgating any
effluent limit under section 5; or
(ii) of an action of the Commandant or the Administrator in
carrying out an inspection, sampling, or testing under
section 7.
(B) Deadline for review.--A petition for review under
subparagraph (A) shall be made--
(i) not later than 120 days after the date of promulgation
of the limit or standard with respect to which the review is
sought; or
(ii) if the petition for review is based solely on grounds
that arose after the date described in clause (i), as soon as
practicable after that date.
(2) Civil and criminal enforcement proceedings.--An action
of the Commandant or Administrator with respect to which
review could have been obtained under paragraph (1) shall not
be subject to judicial review in any civil or criminal
proceeding for enforcement of such action.
(3) Award of fees.--In any judicial proceeding under this
subsection, a court may award costs of litigation (including
reasonable attorneys' and expert witness fees) to any
prevailing or substantially prevailing party in any case in
which the court determines such an award to be appropriate.
(b) Additional Evidence.--
(1) In general.--In any judicial proceeding instituted
under subsection (a) in which review is sought of a
determination under this Act required to be made on the
record after notice and opportunity for hearing, if any party
applies to the court for leave to introduce additional
evidence and demonstrates to the satisfaction of the court
that the additional evidence is material and that there were
reasonable grounds for the failure to introduce the evidence
in the proceeding before the Commandant or Administrator, the
court may order the additional evidence (and evidence in
rebuttal of the additional evidence) to be taken before the
Commandant or Administrator, in such manner and on such terms
and conditions as the court determines to be appropriate.
(2) Modification of findings.--On admission of additional
evidence under paragraph (1), the Commandant or
Administrator--
(A) may modify findings of fact of the Commandant or
Administrator, as the case may be, relating to a judicial
proceeding, or make new findings of fact, by reason of the
additional evidence; and
(B) shall file with the return of the additional evidence
any modified or new findings, and any related
recommendations, for the modification or setting aside of any
original determinations of the Commandant or Administrator.

SEC. 10. ENFORCEMENT.

(a) In General.--Any person that violates a provision of
section 4 or any regulation promulgated under this Act may be
assessed--
(1) a class I or class II civil penalty described in
subsection (b); or
(2) a civil penalty in a civil action under subsection (c).
(b) Amount of Administrative Penalty.--

[[Page S3152]]

(1) Class i.--The amount of a class I civil penalty under
subsection (a)(1) may not exceed--
(A) $10,000 per violation; or
(B) $25,000 in the aggregate, in the case of multiple
violations.
(2) Class ii.--The amount of a class II civil penalty under
subsection (a)(1) may not exceed--
(A) $10,000 per day for each day during which the violation
continues; or
(B) $125,000 in the aggregate, in the case of multiple
violations.
(3) Separate violations.--Each day on which a violation
continues shall constitute a separate violation.
(4) Determination of amount.--In determining the amount of
a civil penalty under subsection (a)(1), the Commandant or
the court, as appropriate, shall consider--
(A) the seriousness of the violation;
(B) any economic benefit resulting from the violation;
(C) any history of violations;
(D) any good faith efforts to comply with the applicable
requirements;
(E) the economic impact of the penalty on the violator; and
(F) such other matters as justice may require.
(5) Procedure for class i civil penalty.--
(A) In general.--Before assessing a civil penalty under
this subsection, the Commandant shall provide to the person
to be assessed the penalty--
(i) written notice of the proposal of the Commandant to
assess the penalty; and
(ii) the opportunity to request, not later than 30 days
after the date on which the notice is received by the person,
a hearing on the proposed penalty.
(B) Hearing.--A hearing described in subparagraph (A)(ii)--
(i) shall not be subject to section 554 or 556 of title 5,
United States Code; but
(ii) shall provide a reasonable opportunity to be heard and
to present evidence.
(6) Procedure for class ii civil penalty.--
(A) In general.--Except as otherwise provided in this
subsection, a class II civil penalty shall be assessed and
collected in the same manner, and subject to the same
provisions, as in the case of civil penalties assessed and
collected after notice and an opportunity for a hearing on
the record in accordance with section 554 of title 5, United
States Code.
(B) Rules.--The Commandant may promulgate rules for
discovery procedures for hearings under this subsection.
(7) Rights of interested persons.--
(A) Public notice.--Before issuing an order assessing a
class II civil penalty under this subsection, the Commandant
shall provide public notice of, and reasonable opportunity to
comment on, the proposed issuance of each order.
(B) Presentation of evidence.--
(i) In general.--Any person that comments on a proposed
assessment of a class II civil penalty under this subsection
shall be given notice of--

(I) any hearing held under this subsection relating to such
assessment; and
(II) any order assessing the penalty.

(ii) Hearing.--In any hearing described in clause (i)(I), a
person described in clause (i) shall have a reasonable
opportunity to be heard and to present evidence.
(C) Rights of interested persons to a hearing.--
(i) In general.--If no hearing is held under subparagraph
(B) before the date of issuance of an order assessing a class
II civil penalty under this subsection, any person that
commented on the proposed assessment may, not later than 30
days after the date of issuance of the order, petition the
Commandant--

(I) to set aside the order; and
(II) to provide a hearing on the penalty.

(ii) New evidence.--If any evidence presented by a
petitioner in support of the petition under clause (i) is
material and was not considered in the issuance of the order,
as determined by the Commandant, the Commandant shall
immediately--

(I) set aside the order; and
(II) provide a hearing in accordance with subparagraph
(B)(ii).

(iii) Denial of hearing.--If the Commandant denies a
hearing under this subparagraph, the Commandant shall provide
to the petitioner, and publish in the Federal Register,
notice of and the reasons for the denial.
(8) Finality of order.--
(A) In general.--An order assessing a class II civil
penalty under this subsection shall become final on the date
that is 30 days after the date of issuance of the order
unless, before that date--
(i) a petition for judicial review is filed under paragraph
(10); or
(ii) a hearing is requested under paragraph (7)(C).
(B) Denial of hearing.--If a hearing is requested under
paragraph (7)(C) and subsequently denied, an order assessing
a class II civil penalty under this subsection shall become
final on the date that is 30 days after the date of the
denial.
(9) Effect of action on compliance.--No action by the
Commandant under this subsection shall affect the obligation
of any person to comply with any provision of this Act.
(10) Judicial review.--
(A) In general.--Any person against which a civil penalty
is assessed under this subsection, or that commented on the
proposed assessment of such a penalty in accordance with
paragraph (7), may obtain review of the assessment in a court
described in subparagraph (B) by--
(i) filing a notice of appeal with the court within the 30-
day period beginning on the date on which the civil penalty
order is issued; and
(ii) simultaneously sending a copy of the notice by
certified mail to the Commandant and the Attorney General.
(B) Courts of jurisdiction.--Review of an assessment under
subparagraph (A) may be obtained by a person--
(i) in the case of assessment of a class I civil penalty,
in--

(I) the United States District Court for the District of
Columbia; or
(II) the district court of the United States for the
district in which the violation occurred; or

(ii) in the case of assessment of a class II civil penalty,
in--

(I) the United States Court of Appeals for the District of
Columbia Circuit; or
(II) the United States court of appeals for any other
circuit in which the person resides or transacts business.

(C) Copy of record.--On receipt of notice under
subparagraph (A)(ii), the Commandant shall promptly file with
the appropriate court a certified copy of the record on which
the order assessing a civil penalty that is the subject of
the review was issued.
(D) Substantial evidence.--A court with jurisdiction over a
review under this paragraph--
(i) shall not set aside or remand an order described in
subparagraph (C) unless--

(I) there is not substantial evidence in the record, taken
as a whole, to support the finding of a violation; or
(II) the assessment by the Commandant of the civil penalty
constitutes an abuse of discretion; and

(ii) shall not impose additional civil penalties for the
same violation unless the assessment by the Commandant of the
civil penalty constitutes an abuse of discretion.
(11) Collection.--
(A) In general.--If any person fails to pay an assessment
of a civil penalty after the assessment has become final, or
after a court in a proceeding under paragraph (10) has
entered a final judgment in favor of the Commandant, the
Commandant shall request the Attorney General to bring a
civil action in an appropriate district court to recover--
(i) the amount assessed; and
(ii) interest that has accrued on the amount assessed, as
calculated at currently prevailing rates beginning on the
date of the final order or the date of the final judgment, as
the case may be.
(B) Nonreviewability.--In an action to recover an assessed
civil penalty under subparagraph (A), the validity, amount,
and appropriateness of the civil penalty shall not be subject
to judicial review.
(C) Failure to pay penalty.--Any person that fails to pay,
on a timely basis, the amount of an assessment of a civil
penalty under subparagraph (A) shall be required to pay, in
addition to the amount of the civil penalty and accrued
interest--
(i) attorneys' fees and other costs for collection
proceedings; and
(ii) for each quarter during which the failure to pay
persists, a quarterly nonpayment penalty in an amount equal
to 20 percent of the aggregate amount of the assessed civil
penalties and nonpayment penalties of the person that are
unpaid as of the beginning of the quarter.
(12) Subpoenas.--
(A) In general.--The Commandant may issue subpoenas for the
attendance and testimony of witnesses and the production of
relevant papers, books, or documents in connection with
hearings under this subsection.
(B) Refusal to obey.--In case of contumacy or refusal to
obey a subpoena issued under this paragraph and served on any
person--
(i) the district court of the United States for any
district in which the person is found, resides, or transacts
business, on application by the United States and after
notice to the person, shall have jurisdiction to issue an
order requiring the person to appear and give testimony
before the Commandant or to appear and produce documents
before the Commandant; and
(ii) any failure to obey such an order of the court may be
punished by the court as a contempt of the court.
(c) Civil Action.--The Commandant may commence, in the
district court of the United States for the district in which
the defendant is located, resides, or transacts business, a
civil action to impose a civil penalty under this subsection
in an amount not to exceed $25,000 for each day of violation.
(d) Criminal Penalties.--
(1) Negligent violations.--A person that negligently
violates section 4 or any regulation promulgated under this
Act commits a Class A misdemeanor under title 18, United
States Code.
(2) Knowing violations.--Any person that knowingly violates
section 4 or any regulation promulgated under this Act
commits a Class D felony under title 18, United States Code.
(3) False statements.--Any person that knowingly makes any
false statement, representation, or certification in any
record, report, or other document filed or required to be
maintained under this Act or any regulation promulgated under
this Act, or that falsifies, tampers with, or knowingly
renders inaccurate any testing or monitoring device or method
required to be maintained under

[[Page S3153]]

this Act or any regulation promulgated under this Act,
commits a Class D felony under title 18, United States Code.
(e) Rewards.--
(1) Payments to individuals.--
(A) In general.--The Commandant or the court, as the case
may be, may order payment, from a civil penalty or criminal
fine collected under this section, of an amount not to exceed
\1/2\ of the civil penalty or fine, to any individual who
furnishes information that leads to the payment of the civil
penalty or criminal fine.
(B) Multiple individuals.--If 2 or more individuals provide
information described in subparagraph (A), the amount
available for payment as a reward shall be divided equitably
among the individuals.
(C) Ineligible individuals.--No officer or employee of the
United States, a State, or an Indian tribe who furnishes
information or renders service in the performance of the
official duties of the officer or employee shall be eligible
for a reward payment under this subsection.
(2) Payments to states or indian tribes.--The Commandant or
the court, as the case may be, may order payment, from a
civil penalty or criminal fine collected under this section,
to a State or Indian tribe providing information or
investigative assistance that leads to payment of the penalty
or fine, of an amount that reflects the level of information
or investigative assistance provided.
(3) Payments divided among states, indian tribes, and
individuals.--In a case in which a State or Indian tribe and
an individual under paragraph (1) are eligible to receive a
reward payment under this subsection, the Commandant or the
court shall divide the amount available for the reward
equitably among those recipients.
(f) Liability in Rem.--A cruise vessel operated in
violation of this Act or any regulation promulgated under
this Act--
(1) shall be liable in rem for any civil penalty or
criminal fine imposed under this section; and
(2) may be subject to a proceeding instituted in the
district court of the United States for any district in which
the cruise vessel may be found.
(g) Compliance Orders.--
(1) In general.--If the Commandant determines that any
person is in violation of section 4 or any regulation
promulgated under this Act, the Commandant shall--
(A) issue an order requiring the person to comply with such
section or requirement; or
(B) bring a civil action in accordance with subsection (c).
(2) Copies of order; service.--
(A) Corporate orders.--In any case in which an order under
this subsection is issued to a corporation, a copy of the
order shall be served on any appropriate corporate officer.
(B) Method of service; specifications.--An order issued
under this subsection shall--
(i) be by personal service;
(ii) state with reasonable specificity the nature of the
violation for which the order was issued; and
(iii) specify a deadline for compliance that is not later
than--

(I) 30 days after the date of issuance of the order, in the
case of a violation of an interim compliance schedule or
operation and maintenance requirement; or
(II) such date as the Commandant, taking into account the
seriousness of the violation and any good faith efforts to
comply with applicable requirements, determines to be
reasonable, in the case of a violation of a final deadline.

(h) Civil Actions.--
(1) In general.--The Commandant may commence a civil action
for appropriate relief, including a permanent or temporary
injunction, for any violation for which the Commandant is
authorized to issue a compliance order under this subsection.
(2) Court of jurisdiction.--
(A) In general.--A civil action under this subsection may
be brought in the district court of the United States for the
district in which the defendant is located, resides, or is
doing business.
(B) Jurisdiction.--A court described in subparagraph (A)
shall have jurisdiction to grant injunctive relief to address
a violation and require compliance by the defendant.

SEC. 11. CITIZEN SUITS.

(a) Authorization.--Except as provided in subsection (c),
any citizen may commence a civil action on the citizen's own
behalf--
(1) against any person (including the United States and any
other governmental instrumentality or agency to the extent
permitted by the eleventh amendment to the Constitution of
the United States) that is alleged to be in violation of--
(A) the conditions imposed by section 4;
(B) an effluent limit or performance standard under this
Act; or
(C) an order issued by the Administrator or Commandant with
respect to such a condition, an effluent limit, or a
performance standard; or
(2) against the Administrator or Commandant, in a case in
which there is alleged a failure by the Administrator or
Commandant to perform any nondiscretionary act or duty under
this Act.
(b) Jurisdiction.--The district courts of the United States
shall have jurisdiction, without regard to the amount in
controversy or the citizenship of the parties--
(1) to enforce a condition, effluent limit, performance
standard, or order described in subsection (a)(1);
(2) to order the Administrator or Commandant to perform a
nondiscretionary act or duty described in subsection (a)(2);
and
(3) to apply any appropriate civil penalties under section
10(b).
(c) Notice.--No action may be commenced under this
section--
(1) before the date that is 60 days after the date on which
the plaintiff gives notice of the alleged violation--
(A) to the Administrator or Commandant; and
(B) to any alleged violator of the condition, effluent
limit, performance standard, or order described in subsection
(a)(1); or
(2) if the Administrator or Commandant has commenced and is
diligently prosecuting a civil or criminal action on the same
matter in a court of the United States (but in any such
action, a citizen may intervene as a matter of right).
(d) Venue.--
(1) In general.--Any civil action under this section shall
be brought in--
(A) the United States District Court for the District of
Columbia; or
(B) any other district court of the United States for any
judicial district in which a cruise vessel or the owner or
operator of a cruise vessel is located.
(2) Intervention.--In a civil action under this section,
the Administrator or the Commandant, if not a party, may
intervene as a matter of right.
(3) Procedures.--
(A) Service.--In any case in which a civil action is
brought under this section in a court of the United States,
the plaintiff shall serve a copy of the complaint on--
(i) the Attorney General;
(ii) the Administrator; and
(iii) the Commandant.
(B) Consent judgments.--No consent judgment shall be
entered in a civil action under this section to which the
United States is not a party before the date that is 45 days
after the date of receipt of a copy of the proposed consent
judgment by--
(i) the Attorney General;
(ii) the Administrator; and
(iii) the Commandant.
(e) Litigation Costs.--
(1) In general.--A court of jurisdiction, in issuing any
final order in any civil action brought in accordance with
this section, may award costs of litigation (including
reasonable attorneys' and expert witness fees) to any
prevailing or substantially prevailing party, in any case in
which the court determines that such an award is appropriate.
(2) Security.--In any civil action under this section, the
court of jurisdiction may, if a temporary restraining order
or preliminary injunction is sought, require the filing of a
bond or equivalent security in accordance with the Federal
Rules of Civil Procedure.
(f) Statutory or Common Law Rights Not Restricted.--Nothing
in this section restricts the rights of any person (or class
of persons) under any statute or common law to seek
enforcement or other relief (including relief against the
Administrator or Commandant).
(g) Civil Action by State Governors.--A Governor of a State
may commence a civil action under subsection (a), without
regard to the limitation under subsection (c), against the
Administrator or Commandant in any case in which there is
alleged a failure of the Administrator or Commandant to
enforce an effluent limit or performance standard under this
Act, the violation of which is causing--
(1) an adverse effect on the public health or welfare in
the State; or
(2) a violation of any water quality requirement in the
State.

SEC. 12. SENSE OF CONGRESS ON BALLAST WATER.

It is the sense of Congress that action should be taken to
enact legislation requiring strong, mandatory standards for
ballast water to reduce the threat of aquatic invasive
species.

SEC. 13. SENSE OF CONGRESS ON AIR POLLUTION.

It is the sense of Congress that action should be taken to
enact legislation requiring strong, mandatory standards for
air quality with respect to incineration and engine
activities of cruise vessels to reduce the level of harmful
chemical and particulate air pollutants.

SEC. 14. FUNDING.

(a) Authorization of Appropriations.--There are authorized
to be appropriated to the Commandant and the Administrator
such sums as are necessary to carry out this Act for each of
fiscal years 2009 through 2013.
(b) Cruise Vessel Pollution Control Fund.--
(1) Establishment.--There is established in the general
fund of the Treasury a separate account to be known as the
``Cruise Vessel Pollution Control Fund'' (referred to in this
section as the ``Fund'').
(2) Amounts.--The Fund shall consist of such amounts as are
deposited in the Fund under subsection (c)(5).
(3) Use of amounts in fund.--The Administrator and the
Commandant may use amounts in the Fund, without further
appropriation, to carry out this Act.
(c) Fees on Cruise Vessels.--
(1) In general.--The Commandant shall establish and collect
from each cruise vessel a reasonable and appropriate fee for
each paying passenger on a cruise vessel voyage, for use in
carrying out this Act.

[[Page S3154]]

(2) Adjustment of fee.--
(A) In general.--The Commandant shall biennially adjust the
amount of the fee established under paragraph (1) to reflect
changes in the Consumer Price Index for All Urban Consumers
published by the Department of Labor during each 2-year
period.
(B) Rounding.--The Commandant may round the adjustment in
subparagraph (A) to the nearest \1/10\ of a dollar.
(3) Factors in establishing fees.--
(A) In general.--In establishing fees under paragraph (1),
the Commandant may establish lower levels of fees and the
maximum amount of fees for certain classes of cruise vessels
based on--
(i) size;
(ii) economic share; and
(iii) such other factors as are determined to be
appropriate by the Commandant and Administrator.
(B) Fee schedules.--Any fee schedule established under
paragraph (1), including the level of fees and the maximum
amount of fees, shall take into account--
(i) cruise vessel routes;
(ii) the frequency of stops at ports of call by cruise
vessels; and
(iii) other relevant considerations.
(4) Collection of fees.--A fee established under paragraph
(1) shall be collected by the Commandant from the owner or
operator of each cruise vessel to which this Act applies.
(5) Deposits to fund.--Notwithstanding any other provision
of law, all fees collected under this subsection, and all
penalties and payments collected for violations of this Act,
shall be deposited into the Fund.

SEC. 15. EFFECT ON OTHER LAW.

(a) United States.--Nothing in this Act restricts, affects,
or amends any other law or the authority of any department,
instrumentality, or agency of the United States.
(b) States and Interstate Agencies.--
(1) In general.--Except as provided in paragraph (2),
nothing in this Act precludes or denies the right of any
State (including a political subdivision of a State) or
interstate agency to adopt or enforce--
(A) any standard or limit relating to the discharge of
pollutants by cruise vessels; or
(B) any requirement relating to the control or abatement of
pollution.
(2) Exception.--If an effluent limit, performance standard,
water quality standard, or any other prohibition or
limitation is in effect under Federal law, a State (including
a political subdivision of a State) or interstate agency may
not adopt or enforce any effluent limit, performance
standard, water quality standard, or any other prohibition
that--
(A) is less stringent than the effluent limit, performance
standard, water quality standard, or other prohibition or
limitation under this Act; or
(B) impairs or in any manner affects any right or
jurisdiction of the State with respect to the waters of the
State.
______

By Ms. SNOWE (for herself, Ms. Collins, and Mr. Isakson):
S. 2882. A bill to amend title 10, United States Code, to provide for
the presentation of a flag of the United States to the children of
members of the Armed Forces who die in service; to the Committee on
Armed Services.
Ms. SNOWE. Mr. President, I rise today with my colleagues Senator
Collins and Senator Isakson to introduce legislation that would provide
the secretaries of the military departments the authority to pay the
necessary expenses that would accompany the presentation of a flag to
each child of a servicemember killed in the service of the Nation.
The presentation of a remembrance flag to the family of a deceased
servicemember is a time-honored tradition for each of the services
which commemorates and memorializes the service of our men and women in
uniform who have made the ultimate sacrifice to protect the liberties
and freedoms we cherish. The remembrance flag is a profound symbol of
the enduring appreciation of a grateful Nation.
Regrettably, however, there is an oversight in current law affecting
which family members of a deceased servicemember may receive a flag. At
present, the statute authorizes the secretaries of the services to
present only two remembrance flags--one to the parents of the deceased
servicemember and one to the person authorized to direct disposition of
the servicemember. In many instances, the person authorized to direct
disposition is also a primary next of kin of the servicemember.
However, in cases where the primary next of kin are the children of the
deceased servicemember, which can occur in extended family situations,
authorities do not exist for the secretaries of the services to provide
a remembrance flag to the children of deceased servicemembers.
The legislation that my colleagues and I are introducing today will
remedy this oversight. We believe that the children of deceased
servicemembers should also be able to receive a remembrance flag in
honor of the sacrifice made by their parent. Clearly, this is the right
thing to do. I sincerely hope that my colleagues will join Senator
Collins, Senator Isakson, and me in supporting this important
legislation.
______

By Mr. ROCKEFELLER (for himself and Mr. Byrd):
S. 2883. A bill to require the Secretary of the Treasury to mint
coins in commemoration of the centennial of the establishment of
Mother's Day; to the Committee on Banking, Housing, and Urban Affairs.
Mr. ROCKEFELLER. Mr. President, I rise today to pay tribute to the
women of our Nation who have the cherished title of mother and
grandmother. Whether through natural means, adoption or foster care,
their patience and unending well-spring of love and affection make an
incredible difference in the lives of children.
No treasure, no riches can ever compare with a profoundly reassuring
hug, the kind words that soothe broken spirits, or that reminder,
rooted in affection, that we're not living up to our full potential.
They inspire, believe and ultimately profess enormous pride in us--no
matter our successes or failures.
That is why it is not surprising that a young woman from Grafton,
West Virginia, took to the streets of her hometown to honor her
recently departed mother's love and life by passing out white
carnations to all those who passed by. Anna Jarvis' one simple act of
personal commemoration in May 1908, grew year after year. Eventually,
Grafton's efforts would be recognized by the entire State of West
Virginia in 1910. This was the first time a state recognized Mother's
Day, and many more would soon follow.
In 1914, President Woodrow Wilson declared the first national
Mother's Day, and from that day until now, mothers have been honored
with flowers, breakfast in bed, and of course, those endearing homemade
cards by little children that are steeped in sentiment--and often
covered in glitter, macaroni and school paste.
My wife Sharon would tell you that there is nothing more important
than these simple gifts--first from our children, and now our
grandchildren. They are cherished touchstones.
At the same time, we think of our mothers as invincible. However, not
even our mothers are immune to age or disease. For many families across
the country, Mother's Day takes on even deeper meanings as parents get
older.
In my own life, my mother was a tremendous force. Each Mother's Day
was a celebration of her spirit, intellect and determination--and all
this was put to the test in her battle with Alzheimer's disease. It's
not easy seeing the woman who raised you struggle with an illness that
robs her of her dignity and quality of life. I know that my family is
not the only one that has been touched by this disease--and I am
certainly not the only son who could talk in such a deeply personal way
about losing a mother. But just like Anna Jarvis, my sisters and I
sought to honor our mother--and perhaps in the process help another
mother or grandmother or family--by opening the Blanchette Rockefeller
Neurosciences Institute.
So it is altogether fitting and proper that as we prepare to
commemorate that first, historic Mother's Day celebration in Grafton,
that we as a Nation begin to reconnect with what Anna Jarvis was trying
to achieve--community recognition of the role that women play in all
our lives.
Today, I am introducing legislation that authorizes the U.S. Treasury
to mint commemorative coins to celebrate the centennial of Grafton's
celebration. I am proud to have Senator Robert C. Byrd as an original
cosponsor. The companion bill also has been introduced in the House of
Representatives by my West Virginia colleague, Shelley Moore Capito.
The proceeds from the sale of these coins won't go to the Government.
Instead they will go to two organizations that are actively working to
make a difference in the lives of our Nation's women who are battling
breast cancer and osteoporosis--the Susan G. Komen for the Cure
Foundation and the National Osteoporosis Foundation.
Every day can, and should be Mother's Day. Through this bill,
Americans will now have the chance to show, with the purchase of these
coins, the high

[[Page S3155]]

regard we have for not only our mothers and grandmothers, but our
sisters and nieces, and all the women who have made a difference in our
lives. In the process, we can contribute to funding research that will
improve the quality of their lives.
I urge my colleagues to support this legislation.
______

By Ms. COLLINS (for herself and Mr. Hatch):
S. 2884. A bill to amend the Internal Revenue Code of 1986 to provide
incentives to improve America's research competitiveness, and for other
purposes; to the Committee on Finance.
Ms. COLLINS. Mr. President, I rise today to introduce the Research &
Development Tax Credit Improvement Act of 2008, legislation which would
extend the R&D tax credit for 5 years, phase-out the Basic Credit, and
raise the rate of the Alternative Simplified Credit from 12 percent to
20 percent by 2010.
Those who have followed the ongoing discussions regarding the R&D tax
credit will recognize that the legislation I am introducing shares the
framework of a proposal already put forward by the senior Senator from
the State of Utah, my good friend Orrin Hatch. Senator Hatch has done a
superb job building a consensus around the need to transition to the
Alternative Simplified Credit, and to raise that credit to provide a
real incentive to the many companies that are unable to benefit from
the Basic Credit structure. I applaud his efforts in this regard, and I
thank him for lending his support to the bill I am introducing today.
I also want to note the contribution of the distinguished Chairman of
the Finance Committee, Senator Baucus, who has worked side-by-side with
Senator Hatch on the Research and Development tax credit.
The chief distinction between our two bills is the duration of the
credit. The Hatch-Baucus bill proposes a permanent credit, while my
bill would extend the R&D tax credit for five years. I certainly share
the goal of providing a permanent R&D tax credit, but I fear that the
cost of doing so puts it beyond our reach. Yet we simply cannot
continue to play ``stop-and-go'' with this critical research incentive.
Since the R&D tax credit was first enacted in 1981, Congress has had to
extend it a dozen times, and it expired again at the end of last year.
The constant uncertainty about the status of the credit has made it
impossible for companies to plan their research investments, and has
seriously diminished the credit's role as an incentive for research and
development here in the U.S.

A 5-year extension would give companies enough time to plan their
research investments with the credit in mind, restoring the incentive-
effect the R&D credit has always been intended to provide. Just as
important, the time frame I am proposing, coupled with the increase in
the rate to 20 percent will allow for a smooth transition away from the
Basic Credit to the Alternative Simplified Credit. The Basic Credit has
served its purpose, but it has become hopelessly outmoded. Under the
Basic Credit methodology, companies wishing to calculate their R&D
credit must measure their current investments against a base that is
stuck in the past--literally the tax years between 1984 and 1988. This
period is simply not relevant to today's investment decisions, and
because of that, fewer and fewer companies get any benefit at all from
the Basic Credit.
By contrast, the Alternative Simplified Credit methodology allows
companies to calculate their credit using a rolling average of their
domestic investments over their three most-recent tax years.
The value of doing this is evidenced by the fact that most companies
have already switched to the Alternative Simplified Credit, even though
it has been on the books for less than a year-and-a-half, and even
though the credit rate is only 12 percent compared to the Basic Credit
rate of 20 percent.
The five-year extension I am proposing will allow for a smooth
transition to the Alternative Simplified Credit, and will bring the R&D
tax credit up-to-date. Companies which still rely on the Basic Credit
will be allowed to continue that credit for another two years, just as
is contemplated by the legislation that Senators Hatch and Baucus have
worked so hard on.
Investment in research and development is critical to the
breakthroughs we need to keep our economy competitive, and to create
the good, high-paying jobs the American people deserve. The R&D tax
credit provides an important incentive for this investment, but it
needs to be updated so more companies can benefit from it. While making
the credit permanent is a worthwhile goal, the 5-year extension I am
proposing today is ``do-able'', and I urge my colleagues to support it.
______

By Ms. SNOWE (for herself, Mr. Kerry, Mr. Smith, and Mr. Brown):
S. 2885. A bill to amend the Internal Revenue Code of 1986 to expand
the availability of industrial development bonds to facilities
manufacturing intangible property; to the Committee on Finance.
Ms. SNOWE. Mr. President, I rise today to introduce legislation that
would provide State and local development finance authorities with
greater flexibility in promoting economic growth that meets the
changing realities of an ever more global economy. Specifically, my
bill would expand the definition of ``manufacturing'' as it pertains to
the small-issue Industrial Development Bond, IDB, program to include
the creation of ``intangible'' property. I am pleased to be joined by
colleagues from both sides of the aisle including Senators Kerry,
Smith, and Brown, in introducing this critical legislation to promote
economic development.
Our Nation's capacity to innovate is a key reason why our economy
remains the envy of the world, even during these difficult economic
times. Knowledge-based businesses have been at the forefront of this
innovation that has bolstered the economy over the long-term. For
example, science parks have helped lead the technological revolution
and have created more than 300,000 high-paying science and technology
jobs, along with another 450,000 indirect jobs for a total of 750,000
jobs in North America.
It is clear that the promotion of knowledge-based industries can be a
key economic tool for states and localities. This is especially true
for states that have seen a loss in traditional manufacturing. In my
home state of Maine, we lost 28 percent of our total manufacturing
employment over the last decade. I believe that it critical that we
provide states and localities with a wider range of options in
promoting economic development. My legislation will do just that by
expanding the availability small-issue IDBs to new economy industries,
such as software and biotechnology, that have proven their ability to
provide high-paying jobs.
These IDBs allow State and local development finance authorities,
like the Finance Authority of Maine, to issue tax-exempt bonds for the
purpose of raising capital to provide low-cost financing of
manufacturing facilities. These bonds, therefore, provide local
authorities with an invaluable tool to attract new employers and assist
existing one's to grow. The result is a win- win situation for local
communities providing them with much needed jobs. Consequently, it only
makes since to ensure that these finance authorities have maximum
flexibility in options to grow jobs.
In addition, my bill provides some technical clarity to distinguish
between the phrases ``functionally related and subordinate facilities''
and ``directly related and acillary facilities.'' Until 1988, there was
little confusion based on Treasury regulations going back to 1972 that
made it clear that ``functionally related and subordinate facilities''
were clearly eligible for financing through private activity tax-exempt
bonds.
But, Congress enacted the Technical and Miscellaneous Revenue Bond
Act of 1988 that imposed a limitation that not more than 25 percent of
tax- exempt bond financing could be used on ``directly related and
ancillary facilities.'' While these two phrases appear to be very
similar, they are indeed distinguishable from each other.
Unfortunately, the Internal Revenue Service has blurred this
distinction between the phrases which has had an adverse impact on the
way facilities are able to utilize tax-exempt bond financing. My

[[Page S3156]]

legislation would make it clear that ``functionally related and
subordinate facilities'' are not susceptible to the 25 percent
limitation.
We must continue to encourage all avenues of economic development if
Americas to compete in a changing and increasingly global economy and
my legislation is one small step in furtherance of that goal. I urge my
colleagues to join me in supporting this bill.
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. 2885

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

SECTION 1. EXPANSION OF AVAILABILITY OF INDUSTRIAL
DEVELOPMENT BONDS TO FACILITIES MANUFACTURING
INTANGIBLE PROPERTY.

(a) Expansion to Intangible Property.--
(1) In general.--The first sentence of section
144(a)(12)(C) of the Internal Revenue Code of 1986 (defining
manufacturing facility) is amended--
(A) by inserting ``, creation,'' after ``used in the
manufacturing'', and
(B) by inserting ``or intangible property which is
described in section 197(d)(1)(C)(iii)'' before the period at
the end.
(2) Clarification.--The last sentence of section
144(a)(12)(C) of such Code is amended to read as follows:
``For purposes of the first sentence of this subparagraph,
the term `manufacturing facility' includes--
``(i) facilities which are functionally related and
subordinate to a manufacturing facility (determined without
regard to this clause), and
``(ii) facilities which are directly related and ancillary
to a manufacturing facility (determined without regard to
this clause) if--

``(I) such facilities are located on the same site as the
manufacturing facility, and
``(II) not more than 25 percent of the net proceeds of the
issue are used to provide such facilities.''.

(b) Effective Date.--The amendments made by this section
shall apply to bonds issued after the date of the enactment
of this Act.

Mr. KERRY. Mr. President, today, Senator Snowe and I are introducing
legislation that would expand the availability of the Industrial
Development Bond, IDB, program. The small-issue IDB program has given
State and local governments a low-cost source of financing to create
and retain jobs in manufacturing plants.
Over the years, numerous technological advances have driven software
and biotechnology to the forefront of our economy. According to the
U.S. Census Bureau, there are more than 400 biotechnology companies in
Massachusetts alone, employing more than 42,000 and paying more than $5
billion in annual salaries.
Currently, the small-issue IDB program is limited only to
manufacturing facilities. As our economy continues to evolve, so must
our policies. Our legislation would allow IDBs to be used for high-
technology and biotechnology uses. The definition of manufacturing
would be broadened to include the creation of intangible property--
specifically, patents, copyrights, formulas, processes, designs,
patterns, know-how and other similar items.
Expanding the current definition of manufacturing to include
``knowledge based'' companies would promote economic development in our
local communities as well as nationwide. This legislation is supported
by the Council of Development Finance Agencies.
In addition to expanding the definition of manufacturing, the
legislation clarifies that a manufacturing facility includes
functionally related and subordinate facilities as part of the
facility.
This legislation will provide a boost to the economy by fostering
development in technology. I urge my colleagues to support this common
sense change.
______

By Mr. BAUCUS (for himself, Mr. Grassley, Mr. Salazar, Mr.
Schumer, Ms. Stabenow, Mr. Smith, Mr. Crapo, Mr. Rockefeller,
Mr. Kyl, and Ms. Snowe):
S. 2886. A bill to amend the Internal Revenue Code of 1986 to amend
certain expiring provisions; to the Committee on Finance.
Mr. BAUCUS. Mr. President, today I am introducing a tax package that
would extend relief from the alternative minimum tax and extend other
much-needed individual and business provisions.
When the economy is turning down, Americans need certainty about
their taxes. Families and businesses need to know what the tax law is.
That is why my bill provides a one year patch for the AMT. The patch
will hold the number of taxpayers subject to the AMT at 4.2 million. We
will not let more taxpayers fall into the alternative minimum tax.
Last year, Congress did not put a patch in place until December. We
must act sooner this year. Through this bill, Congress can act.
That is why my package contains a 2-year extension of provisions that
expired at the end of last year.
These include the qualified tuition deduction to give families relief
from high tuition costs.
My package also includes the teacher expense deduction. This
deduction gives teachers some of the money that they spend on school
supplies to educate our children.
The package also includes the State and local sales tax deduction for
those States without an income tax.
The bill offers an extension of the research and development credit.
This credit gives an incentive to businesses to invest in research. It
helps to keep America competitive in the global economy.
My package will also extend provisions that expire this year for an
additional year.
The bill extends much-needed energy provisions.
Public and private investment in the renewable energy sector was
about $90 billion worldwide last year. That's a 27 percent increase
over 2006.
Congress can direct this investment toward the U.S.--rather than
overseas--by supporting clean energy tax incentives.
These incentives include tax credits for wind and solar power,
efficient buildings and appliances, and clean renewable energy bonds.
These provisions are not only good energy policy. They also create
jobs.
This package would also extend wind and solar provisions.
The American solar industry employs 20,000 Americans. With a long-
term extension of the solar tax credit, that number would triple.
The American wind industry expanded by 45 percent in 2007. It
contributed about 30 percent of the new power capacity in America last
year.
These job-creating industries are growing fast. We should support
them. We know what happens when we don't.
For example, the tax credit for production of renewable energy was
enacted in 1992, starting the growth of renewable power in the U.S.
But since 1999, this credit has expired three times. And when it
expires, clean energy suffers, leading to declines between 73 percent
and 93 percent in wind energy investment.
We need to keep this credit going to ensure consistent investment in
the wind power industry.
This package would also promote energy efficiency. Efficiency is the
low- hanging fruit in the energy debate. We can make big strides toward
energy independence and a clean environment by getting more for our
energy buck.
For example, ENERGY STAR--a voluntary labeling program designed to
promote energy-efficient products--saved businesses, organizations, and
consumers an estimated $14 billion in 2006.
Efficiency also creates jobs. The American Solar Energy Society
reported that in 2006, the efficiency industry created 8 million jobs,
over half of them in manufacturing.
The government plays a key role in sustaining the efficiency
industry, through tax incentives for efficient commercial buildings,
homes, and appliances.
This package would also extend the clean renewable energy bonds, or
CREBs.
CREBs passed in the Energy Policy Act of 2005. CREBs spurred more
than 700 new wind, biomass, solar, and hydro projects. The number of
projects far exceeded the funding available to pay for them.
But CREBs funding lapsed at the end of 2007. That halted development
of new projects and the green-collar jobs that go with them. We must
keep these projects going.
The CREBs provision was written for non-taxable entities like rural
co-ops. Those non-taxable entities cannot use other tax incentives in
this package.

[[Page S3157]]

I've listed just a few of the important energy items in this
extenders bill. There are more. And I plan to build upon this package
as it makes its way through the legislative process, with edits and
additional items. The Finance Committee has been working to that end
for the better part of a year.
Last June, the Finance Committee passed a roughly $30 billion energy-
tax package, with a resounding bipartisan vote. A majority of the
Senate voted for that bill.
But we were just shy of getting the required 60 votes.
We tried again in December, with a slimmer package. That time, we
fell short of the required 60 by just one vote.
We then tried in February, as part of economic stimulus bill. We
offered a package very similar to what passed last week. That amendment
got 58 votes.
Last week, this body passed, by a solid 88-8 vote, a package of
energy-tax extenders, similar to the package considered during the
economic stimulus debate.
A vote of 88 to 8 might suggest that there is smooth sailing ahead on
energy-tax legislation. But I'm afraid that's not the case.
The day before the Senate passed its housing bill, including the
energy-tax package, the House Ways and Means Committee passed its own
housing relief bill.
The Ways and Means bill restated the House's position on pay-go. The
House requires that the most of the tax package be offset.
How did the Ways and Means Committee offset the bill? Largely with a
provision called ``basis reporting.'' President Bush included this in
his 2009 budget proposal.
In other words, the House paid for a tax package with an item already
supported, at least in principle, by the President.
While I believe that this Congress should have paid for energy-tax
legislation with the offsets passed by Finance Committee last year,
it's not clear that passing that package gets us any further to
extending these important tax incentives.
That is why I have been working on offsets that can pass both bodies
and be signed by the President. That is what I will continue to do to
get these important energy items--as well as other vital extenders--
passed.
By taking care of this now, we can spend more of our time on other
things like tax reform.
I plan to hold several hearings and roundtables to cuss tax reform.
We began this week. I'm serious about simplifying our tax code. I am
serious about helping the American people.
Congress should do more than just extend legislation. Congress needs
to work on new policy, new legislation, and new ideas. And by enacting
this legislation, we can turn to those important goals. I urge my
colleagues to support this package.
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. 2886

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

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF
CONTENTS.

(a) Short Title.--This Act may be cited as the
``Alternative Minimum Tax and Extenders Tax Relief Act of
2008''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.
(c) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; amendment of 1986 Code; table of contents.

TITLE I--ALTERNATIVE MINIMUM TAX RELIEF

Sec. 101. Extension of alternative minimum tax relief for nonrefundable
personal credits.
Sec. 102. Extension of increased alternative minimum tax exemption
amount.

TITLE II--INDIVIDUAL TAX PROVISIONS

Sec. 201. Election to include combat pay as earned income for purposes
of the earned income credit.
Sec. 202. Distributions from retirement plans to individuals called to
active duty.
Sec. 203. Deduction for State and local sales taxes.
Sec. 204. Deduction of qualified tuition and related expenses.
Sec. 205. Deduction for certain expenses of elementary and secondary
school teachers.
Sec. 206. Modification of mortgage revenue bonds for veterans.
Sec. 207. Tax-free distributions from individual retirement plans for
charitable purposes.
Sec. 208. Treatment of certain dividends of regulated investment
companies.
Sec. 209. Stock in RIC for purposes of determining estates of
nonresidents not citizens.
Sec. 210. Qualified investment entities.
Sec. 211. Qualified conservation contributions.

TITLE III--BUSINESS TAX PROVISIONS

Sec. 301. Extension and modification of research credit.
Sec. 302. New markets tax credit.
Sec. 303. Subpart F exception for active financing income.
Sec. 304. Extension of look-thru rule for related controlled foreign
corporations.
Sec. 305. Extension of 15-year straight-line cost recovery for
qualified leasehold improvements and qualified restaurant
improvements.
Sec. 306. Enhanced charitable deduction for contributions of food
inventory.
Sec. 307. Extension of enhanced charitable deduction for contributions
of book inventory.
Sec. 308. Modification of tax treatment of certain payments to
controlling exempt organizations.
Sec. 309. Basis adjustment to stock of S corporations making charitable
contributions of property.
Sec. 310. Increase in limit on cover over of rum excise tax to Puerto
Rico and the Virgin Islands.
Sec. 311. Parity in the application of certain limits to mental health
benefits.
Sec. 312. Extension of economic development credit for American Samoa.
Sec. 313. Extension of mine rescue team training credit.
Sec. 314. Extension of election to expense advanced mine safety
equipment.
Sec. 315. Extension of expensing rules for qualified film and
television productions.
Sec. 316. Deduction allowable with respect to income attributable to
domestic production activities in Puerto Rico.
Sec. 317. Extension of qualified zone academy bonds.
Sec. 318. Indian employment credit.
Sec. 319. Accelerated depreciation for business property on Indian
reservation.
Sec. 320. Railroad track maintenance.
Sec. 321. Seven-year cost recovery period for motorsports racing track
facility.
Sec. 322. Expensing of environmental remediation costs.
Sec. 323. Extension of work opportunity tax credit for Hurricane
Katrina employees.

TITLE IV--EXTENSIONS OF ENERGY PROVISIONS

Sec. 401. Extension of credit for energy efficient appliances.
Sec. 402. Extension of credit for nonbusiness energy property.
Sec. 403. Extension of credit for residential energy efficient
property.
Sec. 404. Extension of renewable electricity, refined coal, and Indian
coal production credit.
Sec. 405. Extension of new energy efficient home credit.
Sec. 406. Extension of energy credit.
Sec. 407. Extension and modification of credit for clean renewable
energy bonds.
Sec. 408. Extension of energy efficient commercial buildings deduction.

TITLE V--TAX ADMINISTRATION

Sec. 501. Permanent authority for undercover operations.
Sec. 502. Permanent disclosures of certain tax return information.
Sec. 503. Disclosure of information relating to terrorist activities.

TITLE I--ALTERNATIVE MINIMUM TAX RELIEF

SEC. 101. EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR
NONREFUNDABLE PERSONAL CREDITS.

(a) In General.--Paragraph (2) of section 26(a) (relating
to special rule for taxable years 2000 through 2007) is
amended--
(1) by striking ``or 2007'' and inserting ``2007, or
2008'', and
(2) by striking ``2007'' in the heading thereof and
inserting ``2008''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2007.

SEC. 102. EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX
EXEMPTION AMOUNT.

(a) In General.--Paragraph (1) of section 55(d) (relating
to exemption amount) is amended--

[[Page S3158]]

(1) by striking ``($66,250 in the case of taxable years
beginning in 2007)'' in subparagraph (A) and inserting
``($69,950 in the case of taxable years beginning in 2008)'',
and
(2) by striking ``($44,350 in the case of taxable years
beginning in 2007)'' in subparagraph (B) and inserting
``($46,200 in the case of taxable years beginning in 2008)''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2007.

TITLE II--INDIVIDUAL TAX PROVISIONS

SEC. 201. ELECTION TO INCLUDE COMBAT PAY AS EARNED INCOME FOR
PURPOSES OF THE EARNED INCOME CREDIT.

(a) In General.--Subclause (II) of section 32(c)(2)(B)(vi)
(defining earned income) is amended by striking ``January 1,
2008'' and inserting ``January 1, 2010''.
(b) Conforming Amendment.--Paragraph (4) of section 6428,
as amended by the Economic Stimulus Act of 2008, is amended
to read as follows:
``(4) Earned income.--The term `earned income' has the
meaning set forth in section 32(c)(2) except that such term
shall not include net earnings from self-employment which are
not taken into account in computing taxable income.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years ending after December 31, 2007.

SEC. 202. DISTRIBUTIONS FROM RETIREMENT PLANS TO INDIVIDUALS
CALLED TO ACTIVE DUTY.

(a) In General.--Clause (iv) of section 72(t)(2)(G) is
amended by striking ``December 31, 2007'' and inserting
``January 1, 2010''.
(b) Effective Date.--The amendment made by this section
shall apply to individuals ordered or called to active duty
on or after December 31, 2007.

SEC. 203. DEDUCTION FOR STATE AND LOCAL SALES TAXES.

(a) In General.--Subparagraph (I) of section 164(b)(5) is
amended by striking ``January 1, 2008'' and inserting
``January 1, 2010''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2007.

SEC. 204. DEDUCTION OF QUALIFIED TUITION AND RELATED
EXPENSES.

(a) In General.--Subsection (e) of section 222 (relating to
termination) is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2007.

SEC. 205. DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND
SECONDARY SCHOOL TEACHERS.

(a) In General.--Subparagraph (D) of section 62(a)(2)
(relating to certain expenses of elementary and secondary
school teachers) is amended by striking ``or 2007'' and
inserting ``2007, 2008, or 2009''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to taxable years beginning after December 31,
2007.

SEC. 206. MODIFICATION OF MORTGAGE REVENUE BONDS FOR
VETERANS.

(a) Qualified Mortgage Bonds Used To Finance Residences for
Veterans Without Regard to First-Time Homebuyer
Requirement.--Subparagraph (D) of section 143(d)(2) (relating
to exceptions) is amended by inserting ``and after the date
of the enactment of the Alternative Minimum Tax and Extenders
Tax Relief Act of 2008 and before January 1, 2010'' after
``January 1, 2008''.
(b) Effective Date.--The amendment made by this section
shall apply to bonds issued after the date of the enactment
of this Act.

SEC. 207. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT
PLANS FOR CHARITABLE PURPOSES.

(a) In General.--Subparagraph (F) of section 408(d)(8)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to distributions made in taxable years beginning
after December 31, 2007.

SEC. 208. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED
INVESTMENT COMPANIES.

(a) Interest-Related Dividends.--Subparagraph (C) of
section 871(k)(1) (defining interest-related dividend) is
amended by striking ``December 31, 2007'' and inserting
``December 31, 2009''.
(b) Short-Term Capital Gain Dividends.--Subparagraph (C) of
section 871(k)(2) (defining short-term capital gain dividend)
is amended by striking ``December 31, 2007'' and inserting
``December 31, 2009''.
(c) Effective Date.--The amendments made by this section
shall apply to dividends with respect to taxable years of
regulated investment companies beginning after December 31,
2007.

SEC. 209. STOCK IN RIC FOR PURPOSES OF DETERMINING ESTATES OF
NONRESIDENTS NOT CITIZENS.

(a) In General.--Paragraph (3) of section 2105(d) (relating
to stock in a RIC) is amended by striking ``December 31,
2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to decedents dying after December 31, 2007.

SEC. 210. QUALIFIED INVESTMENT ENTITIES.

(a) In General.--Clause (ii) of section 897(h)(4)(A)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2008.

SEC. 211. QUALIFIED CONSERVATION CONTRIBUTIONS.

(a) In General.--Clause (vi) of section 170(b)(1)(E)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Contributions by Corporate Farmers and Ranchers.--
Clause (iii) of section 170(b)(2)(B) (relating to
termination) is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2009''.
(c) Effective Date.--The amendments made by this section
shall apply to contributions made in taxable years beginning
after December 31, 2007.

TITLE III--BUSINESS TAX PROVISIONS

SEC. 301. EXTENSION AND MODIFICATION OF RESEARCH CREDIT.

(a) Extension.--Section 41(h) (relating to termination) is
amended--
(1) by striking ``December 31, 2007'' and inserting
``December 31, 2009'' in paragraph (1)(B),
(2) by redesignating paragraph (2) as paragraph (3), and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Termination of alternative incremental credit.--No
election under subsection (c)(4) shall apply to amounts paid
or incurred after December 31, 2007.''.
(b) Modification of Alternative Simplified Credit.--
Paragraph (5)(A) of section 41(c) (relating to election of
alternative simplified credit) is amended to read as follows:
``(A) In general.--
``(i) Calculation of credit.--At the election of the
taxpayer, the credit determined under subsection (a)(1) shall
be equal to the applicable percentage (as defined in clause
(ii)) of so much of the qualified research expenses for the
taxable year as exceeds 50 percent of the average qualified
research expenses for the 3 taxable years preceding the
taxable year for which the credit is being determined.
``(ii) Applicable percentage.--For purposes of the
calculation under clause (i), the applicable percentage is--

``(I) 14 percent, in the case of taxable years ending
before January 1, 2009, and
``(II) 16 percent, in the case of taxable years beginning
after December 31, 2008.''.

(c) Conforming Amendment.--Subparagraph (D) of section
45C(b)(1) (relating to special rule) is amended by striking
``December 31, 2007'' and inserting ``December 31, 2009''.
(d) Effective Date.--The amendments made by this section
shall apply to amounts paid or incurred after December 31,
2007.

SEC. 302. NEW MARKETS TAX CREDIT.

Subparagraph (D) of section 45D(f)(1) (relating to national
limitation on amount of investments designated) is amended by
striking ``and 2008'' and inserting ``2008, and 2009''.

SEC. 303. SUBPART F EXCEPTION FOR ACTIVE FINANCING INCOME.

(a) Exempt Insurance Income.--Paragraph (10) of section
953(e) (relating to application) is amended--
(1) by striking ``January 1, 2009'' and inserting ``January
1, 2010'', and
(2) by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(b) Exception to Treatment as Foreign Personal Holding
Company Income.--Paragraph (9) of section 954(h) (relating to
application) is amended by striking ``January 1, 2009'' and
inserting ``January 1, 2010''.

SEC. 304. EXTENSION OF LOOK-THRU RULE FOR RELATED CONTROLLED
FOREIGN CORPORATIONS.

(a) In General.--Subparagraph (B) of section 954(c)(6)
(relating to application) is amended by striking ``January 1,
2009'' and inserting ``January 1, 2010''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years of foreign corporations
beginning after December 31, 2007, and to taxable years of
United States shareholders with or within which such taxable
years of foreign corporations end.

SEC. 305. EXTENSION OF 15-YEAR STRAIGHT-LINE COST RECOVERY
FOR QUALIFIED LEASEHOLD IMPROVEMENTS AND
QUALIFIED RESTAURANT IMPROVEMENTS.

(a) In General.--Clauses (iv) and (v) of section
168(e)(3)(E) (relating to 15-year property) are each amended
by striking ``January 1, 2008'' and inserting ``January 1,
2010''.
(b) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2007.

SEC. 306. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF
FOOD INVENTORY.

(a) In General.--Clause (iv) of section 170(e)(3)(C)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to contributions made after December 31, 2007.

SEC. 307. EXTENSION OF ENHANCED CHARITABLE DEDUCTION FOR
CONTRIBUTIONS OF BOOK INVENTORY.

(a) Extension.--Clause (iv) of section 170(e)(3)(D)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Clerical Amendment.--Clause (iii) of section
170(e)(3)(D) (relating to certification by donee) is amended
by inserting ``of books'' after ``to any contribution''.
(c) Effective Date.--The amendments made by this section
shall apply to contributions made after December 31, 2007.

SEC. 308. MODIFICATION OF TAX TREATMENT OF CERTAIN PAYMENTS
TO CONTROLLING EXEMPT ORGANIZATIONS.

(a) In General.--Clause (iv) of section 512(b)(13)(E)
(relating to termination) is

[[Page S3159]]

amended by striking ``December 31, 2007'' and inserting
``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to payments received or accrued after December
31, 2007.

SEC. 309. BASIS ADJUSTMENT TO STOCK OF S CORPORATIONS MAKING
CHARITABLE CONTRIBUTIONS OF PROPERTY.

(a) In General.--The last sentence of section 1367(a)(2)
(relating to decreases in basis) is amended by striking
``December 31, 2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to contributions made in taxable years beginning
after December 31, 2007.

SEC. 310. INCREASE IN LIMIT ON COVER OVER OF RUM EXCISE TAX
TO PUERTO RICO AND THE VIRGIN ISLANDS.

(a) In General.--Paragraph (1) of section 7652(f) is
amended by striking ``January 1, 2008'' and inserting
``January 1, 2010''.
(b) Effective Date.--The amendment made by this section
shall apply to distilled spirits brought into the United
States after December 31, 2007.

SEC. 311. PARITY IN THE APPLICATION OF CERTAIN LIMITS TO
MENTAL HEALTH BENEFITS.

(a) In General.--Subsection (f) of section 9812 (relating
to application of section) is amended--
(1) by striking ``and'' at the end of paragraph (2),
(2) by striking the period at the end of paragraph (3) and
inserting ``, and before the date of the enactment of the
Alternative Minimum Tax and Extenders Tax Relief Act of 2008,
and'', and
(3) by adding at the end the following new paragraph:
``(4) after December 31, 2009.''.
(b) Amendment to the Employee Retirement Income Security
Act of 1974.--Section 712(f) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1185a(f)) is amended
by inserting ``, and before the date of the enactment of the
Alternative Minimum Tax and Extenders Tax Relief Act of 2008,
and after December 31, 2009'' after ``December 31, 2007''.
(c) Amendment to the Public Health Service Act.--Section
2705(f) of the Public Health Service Act (42 U.S.C. 300gg-
5(f)) is amended by inserting ``, and before the date of the
enactment of the Alternative Minimum Tax and Extenders Tax
Relief Act of 2008, and after December 31, 2009'' after
``December 31, 2007''.
(d) Effective Date.--The amendments made by this section
shall apply to benefits for services furnished on or after
the date of the enactment of this Act.

SEC. 312. EXTENSION OF ECONOMIC DEVELOPMENT CREDIT FOR
AMERICAN SAMOA.

(a) In General.--Subsection (d) of section 119 of division
A of the Tax Relief and Health Care Act of 2006 is amended--
(1) by striking ``first two taxable years'' and inserting
``first 4 taxable years'', and
(2) by striking ``January 1, 2008'' and inserting ``January
1, 2010''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2007.

SEC. 313. EXTENSION OF MINE RESCUE TEAM TRAINING CREDIT.

Section 45N(e) (relating to termination) is amended by
striking ``December 31, 2008'' and inserting ``December 31,
2009''.

SEC. 314. EXTENSION OF ELECTION TO EXPENSE ADVANCED MINE
SAFETY EQUIPMENT.

Section 179E(g) (relating to termination) is amended by
striking ``December 31, 2008'' and inserting ``December 31,
2009''.

SEC. 315. EXTENSION OF EXPENSING RULES FOR QUALIFIED FILM AND
TELEVISION PRODUCTIONS.

Section 181(f) (relating to termination) is amended by
striking ``December 31, 2008'' and inserting ``December 31,
2009''.

SEC. 316. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME
ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES
IN PUERTO RICO.

(a) In General.--Subparagraph (C) of section 199(d)(8)
(relating to termination) is amended--
(1) by striking ``first 2 taxable years'' and inserting
``first 4 taxable years'', and
(2) by striking ``January 1, 2008'' and inserting ``January
1, 2010''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2007.

SEC. 317. EXTENSION OF QUALIFIED ZONE ACADEMY BONDS.

(a) In General.--Paragraph (1) of section 1397E(e) is
amended by striking ``and 2007'' and inserting ``2007, 2008,
and 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to obligations issued after the date of the
enactment of this Act.

SEC. 318. INDIAN EMPLOYMENT CREDIT.

(a) In General.--Subsection (f) of section 45A (relating to
termination) is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2007.

SEC. 319. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON
INDIAN RESERVATION.

(a) In General.--Paragraph (8) of section 168(j) (relating
to termination) is amended by striking ``December 31, 2007''
and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2007.

SEC. 320. RAILROAD TRACK MAINTENANCE.

(a) In General.--Subsection (f) of section 45G (relating to
application of section) is amended by striking ``January 1,
2008'' and inserting ``January 1, 2010''.
(b) Effective Date.--The amendment made by this section
shall apply to expenditures paid or incurred during taxable
years beginning after December 31, 2007.

SEC. 321. SEVEN-YEAR COST RECOVERY PERIOD FOR MOTORSPORTS
RACING TRACK FACILITY.

(a) In General.--Subparagraph (D) of section 168(i)(15)
(relating to termination) is amended to read as follows:
``(D) Application of paragraph.--Such term shall apply to
property placed in service after the date of the enactment of
the Alternative Minimum Tax and Extenders Tax Relief Act of
2008 and before January 1, 2010.''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after the date of
the enactment of this Act.

SEC. 322. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.

(a) In General.--Subsection (h) of section 198 (relating to
termination) is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to expenditures paid or incurred after December
31, 2007.

SEC. 323. EXTENSION OF WORK OPPORTUNITY TAX CREDIT FOR
HURRICANE KATRINA EMPLOYEES.

(a) In General.--Paragraph (1) of section 201(b) of the
Katrina Emergency Tax Relief Act of 2005 is amended by
striking ``2-year'' and inserting `` 4-year''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to individuals hired after August 27, 2007.

TITLE IV--EXTENSIONS OF ENERGY PROVISIONS

SEC. 401. EXTENSION OF CREDIT FOR ENERGY EFFICIENT
APPLIANCES.

(a) In General.--Subsection (b) of section 45M (relating to
applicable amount) is amended by striking ``calendar year
2006 or 2007'' each place it appears in paragraphs (1)(A)(i),
(1)(B)(i), (1)(C)(ii)(I), and (1)(C)(iii)(I), and inserting
``calendar year 2006, 2007, 2008, or 2009''.
(b) Restart of Credit Limitation.--Paragraph (1) of section
45M(e) (relating to aggregate credit amount allowed) is
amended by inserting ``beginning after December 31, 2007''
after ``for all prior taxable years''.
(c) Effective Date.--The amendments made by this section
shall apply to appliances produced after December 31, 2007.

SEC. 402. EXTENSION OF CREDIT FOR NONBUSINESS ENERGY
PROPERTY.

(a) In General.--Section 25C(g) (relating to termination)
is amended by striking ``December 31, 2007'' and inserting
``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2007.

SEC. 403. EXTENSION OF CREDIT FOR RESIDENTIAL ENERGY
EFFICIENT PROPERTY.

Section 25D(g) (relating to termination) is amended by
striking ``December 31, 2008'' and inserting ``December 31,
2009''.

SEC. 404. EXTENSION OF RENEWABLE ELECTRICITY, REFINED COAL,
AND INDIAN COAL PRODUCTION CREDIT.

Section 45(d) (relating to qualified facilities) is amended
by striking ``January 1, 2009'' each place it appears in
paragraphs (1), (2), (3), (4), (5), (6), (7), (8), (9), and
(10) and inserting ``January 1, 2010''.

SEC. 405. EXTENSION OF NEW ENERGY EFFICIENT HOME CREDIT.

Subsection (g) of section 45L (relating to termination) is
amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.

SEC. 406. EXTENSION OF ENERGY CREDIT.

(a) Solar Energy Property.--Paragraphs (2)(A)(i)(II) and
(3)(A)(ii) of section 48(a) (relating to energy credit) are
each amended by striking ``January 1, 2009'' and inserting
``January 1, 2010''.
(b) Fuel Cell Property.--Subparagraph (E) of section
48(c)(1) (relating to qualified fuel cell property) is
amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(c) Microturbine Property.--Subparagraph (E) of section
48(c)(2) (relating to qualified microturbine property) is
amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.

SEC. 407. EXTENSION AND MODIFICATION OF CREDIT FOR CLEAN
RENEWABLE ENERGY BONDS.

(a) Extension.--Section 54(m) (relating to termination) is
amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(b) Increase in National Limitation.--Section 54(f)
(relating to limitation on amount of bonds designated) is
amended--
(1) by striking ``$1,200,000,000'' in paragraph (1) and
inserting ``$1,600,000,000'', and
(2) by striking ``$750,000,000'' in paragraph (2) and
inserting ``$1,000,000,000''.
(c) Modification of Ratable Principal Amortization
Requirement.--
(1) In general.--Paragraph (5) of section 54(l) is amended
to read as follows:
``(5) Ratable principal amortization required.--A bond
shall not be treated as a

[[Page S3160]]

clean renewable energy bond unless it is part of an issue
which provides for an equal amount of principal to be paid by
the qualified issuer during each 12-month period that the
issue is outstanding (other than the first 12-month
period).''.
(2) Technical amendment.--The third sentence of section
54(e)(2) is amended by striking ``subsection (l)(6)'' and
inserting ``subsection (l)(5)''.
(d) Effective Date.--The amendments made by this section
shall apply to bonds issued after the date of the enactment
of this Act.

SEC. 408. EXTENSION OF ENERGY EFFICIENT COMMERCIAL BUILDINGS
DEDUCTION.

Section 179D(h) (relating to termination) is amended by
striking ``December 31, 2008'' and inserting ``December 31,
2009''.

TITLE V--TAX ADMINISTRATION

SEC. 501. PERMANENT AUTHORITY FOR UNDERCOVER OPERATIONS.

(a) In General.--Section 7608(c) (relating to rules
relating to undercover operations) is amended by striking
paragraph (6).
(b) Effective Date.--The amendment made by this section
shall apply to operations conducted after the date of the
enactment of this Act.

SEC. 502. PERMANENT DISCLOSURES OF CERTAIN TAX RETURN
INFORMATION.

(a) Disclosures to Facilitate Combined Employment Tax
Reporting.--
(1) In general.--Section 6103(d)(5) (relating to disclosure
for combined employment tax reporting) is amended--
(A) by striking ``reporting'' in the heading thereof and
all that follows through ``The Secretary'' in subparagraph
(A) and inserting ``reporting.--The Secretary'', and
(B) by striking subparagraph (B).
(2) Effective date.--The amendments made by this subsection
shall apply to disclosures after the date of the enactment of
this Act.
(b) Disclosures Relating to Certain Programs Administered
by the Department of Veterans Affairs.--
(1) In general.--Section 6103(l)(7)(D) (relating to
programs to which rule applies) is amended by striking the
last sentence.
(2) Technical amendment.--Section 6103(l)(7)(D)(viii)(III)
is amended by striking ``sections 1710(a)(1)(I), 1710(a)(2),
1710(b), and 1712(a)(2)(B)'' and inserting ``sections
1710(a)(2)(G), 1710(a)(3), and 1710(b)''.

SEC. 503. DISCLOSURE OF INFORMATION RELATING TO TERRORIST
ACTIVITIES.

(a) Disclosure of Return Information to Apprise Appropriate
Officials of Terrorist Activities.--Clause (iv) of section
6103(i)(3)(C) (relating to termination) is amended by
striking ``December 31, 2007'' and inserting ``December 31,
2009''.
(b) Disclosure Upon Request of Information Relating to
Terrorist Activities.--Subparagraph (E) of section 6103(i)(7)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(c) Effective Date.--The amendments made by this section
shall apply to disclosures after the date of the enactment of
this Act.
______

By Mr. KOHL (for himself, Ms. Collins, and Mrs. Lincoln):
S. 2888. A bill to protect the property and security of homeowners
who are subject to foreclosure proceedings, and for other purposes; to
the Committee on Banking, Housing, and Urban Affairs.
Mr. KOHL. The legislation I have introduced with Senators Collins and
Lincoln attacks the growing problem of foreclosure rescue scams. I held
a revealing hearing in the Aging committee that uncovered the ways scam
artists prey on homeowners already in financial and emotional distress.
These scams are another consequence of the mortgage crisis that is
plaguing our country.
For most people, their home is their greatest asset. When a homeowner
falls behind in their mortgage payments, it is a great emotion strain.
Scam artists prey on an owner's desperation and give them a false sense
of security, claiming they can help ``save their home.'' The types of
scams vary, but the end result is that the homeowner is left in a more
desperate situation than before.
There are three types of prevalent scams. The first is ``phantom
help,'' where the ``rescuer'' claims that they call the homeowner's
lender and re-negotiate the loan for a fee. Often the homeowner will
pay the fee and the ``rescuer,'' will abandon the homeowner without
performing any intervention. The second is a ``rent-to-own'' scheme
which is set up to fail. A homeowner will sign over the title of the
house and make monthly payments to the scammer in order to help rebuild
their credit. However, the monthly payments are extremely high and
often result in the homeowner violating the contract and being evicted.
Finally, a homeowner may be tricked into unknowingly signing over the
title of their house and power of attorney to the scammer and the
scammer will then sell the house to a third party. The scam artist
might give the homeowner a small amount of money, but often only a
fraction of the actual selling price.
As one can clearly see, these scams are well crafted and extremely
complicated. Catie Doyle, the Chief attorney for Legal Aid Society of
Milwaukee, testified before the Special Committee on Aging, describing
the difficulties and problems lawyers are facing when trying to help
victims of these scams. One major problem she pointed out was that
lawyers have to piece together both state and federal laws to untangle
these scams.
The Foreclosure Rescue Fraud Act that Senators Collins, Lincoln and I
are offering will remedy Ms. Doyle's concerns. While there are some
states that have foreclosure rescue scam laws or are in the process of
enacting them, many homeowners still go unprotected from these
predators. This legislation will require that all contracts between a
foreclosure consultant be in writing and fully disclose the nature of
the services and the exact amount. Additionally, the bill prohibits up-
front fees from being collected and prohibits a ``consultant'' from
obtaining the power of attorney from a homeowner.
I also have a letter of support from a variety of consumer groups
including the Center of Responsible Lending, Consumer Federation of
America, National Community Reinvestment Coalition, and the National
Council of La Raza.
The foreclosure crisis is real. Most communities across the country
are experiencing both the primary and secondary effects. It is
important that we address fraud at the front end of the lending
process, as well, as for those who face foreclosure. I hope that we can
work together to move this legislation forward.
______

By Mr. AKAKA (by request):
S. 2889. A bill to amend title 38, United States Code, to improve
veterans' health care benefits, and for other purposes; to the
Committee on Veterans' Affairs.

Mr. AKAKA. Mr. President, today I introduce legislation requested by
the Secretary of Veterans Affairs, as a courtesy to the Secretary and
the Department of Veterans Affairs. Except in unusual circumstances, it
is my practice to introduce legislation requested by the Administration
so that such measures will be available for review and consideration.
This ``by-request'' bill would address a range of issues. On the
health care side, it would allow VA to contract with community
residential care programs for veterans with serious traumatic brain
injury. It would also eliminate copayments for all hospice care.
Further, it would expand continuing education benefits for physicians
and dentists. Finally, it would allow the Secretary to disclose the
names and addresses of certain VA patients without prior written
consent to collect payment from third-party health plans.
On the benefits side, this legislation would permanently authorize VA
to use data provided by the IRS and the Social Security Administration
to verify the incomes of recipients of needs-based benefits from VA. VA
uses this data to ensure that it does not disburse benefits and
payments to individuals who do not legally qualify to receive them.
This legislation would also provide a cost-of-living increase for VA
disability compensation for service-connected veterans and dependency
and indemnity compensation for survivors.
I am introducing this bill for the review and consideration of my
colleagues at the request of the Administration. As chairman of the
Committee on Veterans' Affairs, I have not taken a position on this
legislation.
Mr. President, I ask unanimous consent that the text of the bill and
a letter of support be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

S. 2889

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

SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES
CODE.

(a) Short Title.--This Act may be cited as the ``Veterans
Health Care Act of 2008''.

[[Page S3161]]

(b) References.--Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in
terms of an amendment or repeal to a section or other
provision, the reference shall be considered to be made to a
section or other provision of title 38, United States Code.

SEC. 2. SPECIALIZED RESIDENTIAL CARE AND REHABILITATION FOR
CERTAIN VETERANS.

Section 1720 is amended by adding at the end the following
new subsection:
``(g) The Secretary may contract with appropriate entities
to provide specialized residential care and rehabilitation
services to a veteran of Operation Enduring Freedom or
Operation Iraqi Freedom who the Secretary determines suffers
from a traumatic brain injury, has an accumulation of
deficits in activities of daily living and instrumental
activities of daily living, and who, because of these
deficits, would otherwise require admission to a nursing home
even though such care would generally exceed the veteran's
nursing needs.

SEC. 3. REIMBURSEMENT FOR CERTAIN CONTINUING EDUCATION.

Section 7411 is amended to read:
``The Secretary shall provide full-time board-certified
physicians and dentists appointed under section 7401(1) of
this title the opportunity to continue their professional
education through VA sponsored continuing education programs.
The Secretary may reimburse the physician or dentist up to
$1,000 per year for continuing professional education not
available through VA sources.''.

SEC. 4. COPAYMENT EXEMPTION FOR HOSPICE CARE.

(a) Section 1710(f)(1) is amended by adding ``(except if
such care constitutes hospice care)'' after ``nursing home
care'';
(b) Section 1710(g)(1) is amended by adding ``(except if
such care constitutes hospice care)'' after ``medical
services''.

SEC. 5. UPDATE OF VOLUNTARY HIV TESTING POLICY.

Section 124 of the Veterans' Benefits and Services Act of
1988 (title I of Public Law 100-322, as amended; 38 U.S.C.
7333 note) is repealed.

SEC. 6. DISCLOSURE OF MEDICAL RECORDS.

(a) Limited Exception to Confidentiality of Medical
Records.--Section 5701 is amended by adding at the end of the
following new subsection:
``(1) Under regulations that the Secretary shall prescribe,
the Secretary may disclose the name or address, or both, of
any individual who is a present or former member of the Armed
Forces, or who is a dependent of a present or former member
of the Armed Forces, to a third party, as defined in section
1729(i)(3)(D) of this title, in order to enable the Secretary
to collect reasonable charges under section 1729(a)(2)(E) of
this title for care or services provided for a non-service-
connected disability.''
(b) Disclosures From Certain Medical Records.--Section
7332(b)(2) is amended by adding at the end the following new
subparagraph: ``(F) To a third party, as defined in section
1729(i)(3)(D) of this title, to collect reasonable charges
under section 1729(a)(2)(E) of this title for care or
services provided for a non-service-connected disability.''

SEC. 7. PERMANENT AUTHORITY TO CARRY OUT INCOME VERIFICATION.

Section 5317 is amended by striking subsection (g).

SEC. 8. INCREASE IN RATES OF DISABILITY COMPENSATION AND
DEPENDENCY AND INDEMNITY COMPENSATION.

(a) Rate Adjustment.--The Secretary of Veterans Affairs
shall, effective on December 1, 2008, increase the dollar
amounts in effect for the payment of disability compensation
and dependency and indemnity compensation by the Secretary,
as specified in subsection (b).
(b) Amounts To Be Increased.--The dollar amounts to be
increased pursuant to subsection (a) are the following:
(1) Compensation.--Each of the dollar amounts in effect
under section 1114 of title 38, United States Code;
(2) Additional Compensation for Dependents.--Each of the
dollar amounts in effect under section 1115(1) of such title;
(3) Clothing Allowance.--The dollar amount in effect under
section 1162 of such title;
(4) New DIC Rates.--Each of the dollar amounts in effect
under paragraphs (1) and (2) of section 1311(a) of such
title;
(5) Old DIC Rates.--Each of the dollar amounts in effect
under section 1311(a)(3) of such title;
(6) Additional DIC for Surviving Spouses With Minor
Children.--The dollar amount in effect under section 1311(b)
of such title;
(7) Additional DIC for Disability.--Each of the dollar
amounts in effect under subsections (c) and (d) of section
1311 of such title;
(8) DIC for Dependent Children.--Each of the dollar amounts
in effect under sections 1313(a) and 1314 of such title.
(c) Determination of Increase.--
(1) The increase under subsection (a) shall be made in the
dollar amounts specified in subsection (b) as in effect on
November 30, 2008.
(2) Except as provided in paragraph (3), each such amount
shall be increased by the same percentage as the percentage
by which benefit amounts payable under title II of the Social
Security Act (42 U.S.C. 401 et seq.) are increased effective
December 1, 2008, as a result of a determination under
section 215(i) of such Act (42 U.S.C. 415(i)).
(3) Each dollar amount increased pursuant to paragraph (2)
shall, if not a whole dollar amount, be rounded down to the
next lower whole dollar amount.
(d) Special Rule.--The Secretary may adjust
administratively. consistent with the increases made under
subsection (a), the rates of disability compensation payable
to persons within the purview of section 10 of Public Law No.
85-857 (72 Stat. 1263) who are not in receipt of compensation
payable pursuant to chapter 11 of title 38, United States
Code.
(e) Publication of Adjusted Rates.--At the same time as the
matters specified in section 215(i)(2)(D) of the Social
Security Act (42 U.S.C. 415(i)(2)(D)) are required to be
published by reason of a determination made under section
215(i) of such Act during fiscal year 2009, the Secretary of
Veterans Affairs shall publish in the Federal Register the
amounts specified in subsection (b), as increased pursuant to
subsection (a).

The Secretary of Veterans Affairs,

Washington, March 18, 2008.
Hon. Richard B. Cheney,
President of the Senate,
Washington, DC.
Dear Mr. President: We are transmitting a draft bill, ``To
amend title 38, United States Code, to improve veterans'
health care benefits and for other purposes,'' We request
that the bill be referred to the appropriate committee for
prompt consideration and enactment. Enclosed with the bill is
a sectional analysis that describes each provision, provides
a rationale for the provision, and provides estimates of the
costs, savings and revenues that would result from enactment.
Our draft bill includes proposals contained in the
President's FY 09 budget request, to include a cost-of living
increase in rates of disability compensation and dependency
and indemnity compensation. Two of the proposals are
discussed in further detail below.
This Administration advocates focusing greater attention on
the long-term residential rehabilitation needs of veterans
with traumatic brain injuries who do not require nursing home
care but are unable to live independently in their homes. In
furtherance of that policy, our bill would authorize the
Secretary, in carrying out the Department of Veterans Affairs
(VA) community residential care program, to contract for
specialized residential care and rehabilitation services for
veterans of Operation Enduring Freedom and/or Operation Iraqi
Freedom (OEF/OIF) who: (1) suffer from traumatic brain
injury, (2) have an accumulation of deficits in activities of
daily living and instrumental activities of daily living that
affects their ability to care for themselves, and (3) would
otherwise receive their care and rehabilitation in a nursing
home, which exceeds their nursing needs. This authority would
provide the Department with a far more appropriate treatment
setting for the provision of long-term rehabilitation
services. VA estimates the discretionary cost of this
proposal to be $1,427,000 in fiscal year 2009 and $79,156,000
over a 10-year period.
In 2004, Congress amended the law to eliminate copayment
requirements for hospice care furnished in a VA nursing home.
The bill contains a provision to exempt all hospice care from
copayments by amending 38 U.S.C. Sec. 1710 to eliminate co-
payment requirements for veterans receiving VA hospice care
either in a VA hospital or at home on an outpatient basis.
The provision would provide equitable treatment for all
veterans receiving such care and would also align VA with the
Medicare program, which does not impose co-payments for
hospice care (regardless of setting). There are no costs
associated with enactment of this proposal. Projected
discretionary revenue loss is estimated to be $149,000 in
fiscal year 2009 and $1,400,000 over 10 years.
The Office of Management and Budget advises that the
transmission of this legislative package is in accord with
the President's program.
Sincerely yours,
James B. Peake, M.D.
______

By Mr. McCAIN (for himself, Mr. Kyl, Mr. Burr, Mr. Graham, Mr.
Martinez, Mr. Warner, Mr. Chambliss, Mr. Lieberman, and Mr.
Sununu):
S. 2890. A bill to amend the Internal Revenue Code of 1986 to provide
for a highway fuel tax holiday; to the Committee on Finance.
Mr. McCAIN. Mr. President, I am pleased to be joined today by
Senators Kyl, Burr, Graham, Martinez, Warner, Chambliss, Lieberman,
Wicker and Sununu in introducing legislation that would provide all
Americans with a ``gas tax holiday'' this summer. This bill would
suspend the 18.4 cents-per-gallon Federal tax on gasoline and the 24.4
cents-per-gallon tax on diesel fuel from Memorial Day to Labor Day.
Today, this legislation was put forward on the Senate floor as an
amendment to the Highway Technical Corrections bill, but it was blocked
from being considered. I now call on my colleagues on both sides of the
aisle to come together to support this proposal that would provide
immediate relief to all Americans suffering from the high price of gas.

[[Page S3162]]

Mr. President, hardworking American families are facing many
difficult challenges due to the current economic realities facing our
country. Now, more than ever, they find themselves having to choose
between basic needs to provide for their families, and this is being
greatly exacerbated by rising gasoline prices, which have risen by more
than 58 percent in the last 14 months. That is why I am pleased to be
joined by so many of my colleagues in offering a proposal to provide
some needed relief for every person who will be filling their gas or
diesel tanks this summer.
In the past year, the price of unleaded regular gas has increased 53
cents per gallon. Diesel fuel prices nationwide are now over $1.30 more
per gallon more than this time last year. With the growing financial
strains placed on so many Americans--rising food prices and falling
home prices--the additional hit of rising fuel prices is becoming the
breaking point.
In an effort to ease some of the hardship caused by the higher fuel
prices, our bill would suspend the Federal tax on gas and the tax on
diesel fuel from Memorial Day to Labor Day. Last Memorial Day, alone,
approximately 32 million Americans traveled by car 50 miles or more
from home. Suspending the federal excise tax during the summer, when
fuel prices have historically been at the highest annually, would allow
Americans to keep a few more of their hard-earned dollars.
Now, let me be clear: this bill would not harm the Highway Trust
Fund. This bill would ensure that the Highway Trust Fund remains whole
during this ``gas tax holiday'' by transferring monies from the General
Treasury. We all agree that our roads and highways must be maintained
and improved to ensure the safety of the road-traveling public, and
this amendment would do nothing to impact highway construction.
So, my colleagues have an opportunity to take meaningful action to
ease some of the financial burdens that are impacting all hardworking
Americans every time they fill up their gas or diesel tanks. Let's put
some acton behind the usual rhetoric around here and vote to ease their
tax burden this summer.
______

By Mr. KENNEDY (for himself, Mrs. Clinton, Mr. Obama, Mr. Brown,
Mr. Feingold, and Mr. Schumer):
S. 2891. A bill to amend the National Labor Relations Act to apply
the protections of the Act to teaching and research assistants; to the
Committee on Health, Education, Labor, and Pensions.
Mr. KENNEDY. Mr. President, it is important for Congress to do more
to guarantee graduate students the right to organize and to bargain
over their wages and working conditions as teaching and research
assistants, so I am introducing legislation today to do so.
More than ever in modern education, teaching and research assistants
are in classrooms every day, educating students in colleges and
universities across the country. Their numbers are increasing as the
number of full time faculty dwindles. Often, teaching and research
assistants are now doing the same job as junior faculty members.
In fact, the classroom is a workplace for these scholars. It's where
they earn the money they need to pay to put food on their tables and a
roof over their heads. They deserve the right to stand together and
make their voice heard in their workplace. Like other employees, they
should have the right to join a union and improve their working
conditions. Obviously, better wages and working conditions for them
also means better education for their students.
In 2004, however, a decision by the National Labor Relations Board
changed the law and denied fundamental workplace rights and protections
for teaching and research assistants. This ruling stopped an active
organizing movement in its tracks and deprived thousands of teaching
and research assistants of their right to organize and bargain over
their wages and working conditions.
It is hardly the only bad decision by the National Labor Relations
Board under the Bush administration, which has been the most anti-
worker, anti-labor, anti-union NLRB in history. The Board has let
workers down at every turn. It has blocked efforts to gain union
representation, undermined workers' attempts to improve their pay and
benefits, and exposed them to penalties for seeking to improve their
working conditions.
The National Labor Relations Board is supposed to protect the rights
of American workers, but it is failing teaching and research
assistants, just as it has failed so many others. By passing the
Teaching and Research Assistants Collective Bargaining Rights Act,
Congress will give these workers back the rights that the National
Labor Relations Board has taken away. This legislation amends the
definition of employee under the National Labor Relations Act to
explicitly include teaching and research assistants at private
universities and colleges and restores the law to where it was before
the Bush board's anti-worker decision.
This bill is a significant step forward in restoring workers' rights,
and I urge my colleagues to join in supporting this important
legislation.

____________________