Peace Corps Volunteers Health, Safety, and Security Act of 2004
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Read twice and referred to the Committee on Foreign Relations. (text of measure as introduced: CR S5953-5954)
May 20, 2004
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Introduced in Senate
May 20, 2004
Read twice and referred to the Committee on Foreign Relations. (text of measure as introduced: CR S5953-5954)
May 20, 2004
Floor Debate
22 membersWhat members said about S. 2454 on the floor
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Floor Debate
22 membersWhat members said about S. 2454 on the floor
Mr. President, I rise today along with my colleague Senator Coleman to introduce the Internet Pharmacy Consumer Protection Act also called the ``Ryan Haight Act'', a bill which is vital to protect…
Mr. President, I rise today along with my colleague Senator Coleman to introduce the Internet Pharmacy Consumer Protection Act also called the ``Ryan Haight Act'', a bill which is vital to protect the safety of Americans who choose to purchase their prescription drugs legally over the Internet.
This legislation is necessary because of a growing problem of illegal prescription drug diversion and abuse of prescription drugs. Coupled with the ease of access to the Internet, it has led to an environment where illegitimate pharmacy websites can bypass traditional regulations and established safeguards for the sale of prescription drugs. Internet websites that allow consumers to obtain prescription drugs without the existence of a bona fide physician-patient relationship pose an immediate threat to public health and safety.
To address this problem, the Internet Pharmacy Consumer Protection Act makes several critical steps to ensure safety and to assist regulatory authorities in shutting down ``rogue'' Internet pharmacies.
First, this bill establishes disclosure standards for Internet pharmacies.
Second, this bill prohibits the dispensing or sale of a prescription drug based solely on communications via the Internet such as the completion of an online medical questionnaire.
Third, it allows a State Attorney General to bring a civil action in a federal district court to enjoin a pharmacy operation and to enforce compliance with the provisions of this law.
Under this bill, for a domestic website to sell prescription drugs legally, the website would have to display identifying information such as the names, addresses, and medical licensing information for pharmacists and physicians associated with the website.
In addition, if a person wants to use the Internet to purchase their prescription drugs he or she will not be prohibited from doing so under this bill but, in order to do so, must already have a prescription for the drug that is valid in the United States prior to making the Internet purchase.
Reliance on the Internet for public health purposes and the expansion of telemedicine, particularly in rural areas, make it essential that there be at the very least a minimum standard for what qualifies as an acceptable medical relationship between patients and their physicians.
According to the American Medical Association, a health care practitioner who offers a prescription for a patient he or she has never seen before, based solely on an online questionnaire, generally does not meet the appropriate medical standard of care.
Let me illustrate the situation facing our country today. If a physician's office prescribed and dispensed prescription drugs the same way Internet pharmacies currently can and do, it would look something like this: A physician opens a physical office, asks a patient to fill out a medical history questionnaire in the lobby and give his or her credit card information to the office manager. There is no nurse, and therefore no one to take the patients' height, weight, blood pressure, verify his or her medical history, and so forth and no one to answer the patient's questions regarding their health.
The questionnaire is then slipped through a hole in the window; the office manager takes it to the physician, or person acting as the physician, who then writes the prescription and hands it to the pharmacist, or person acting as the pharmacist, in the next room. Once the patient signs his credit card, he is on his way out the door, drugs in hand.
No examination is performed, no questions asked, and no verification or clarification of the answers provided on the medical history questionnaire.
This illustration is not an exaggeration. It occurs every day all across the United States. The National Association of Boards of Pharmacy estimates
that there are around 500 identifiable rogue pharmacy websites operating on the Internet.
According to the Federation of State Medical Boards, approximately 29 states and the District of Columbia either have laws or medical board initiatives addressing Internet medical practice. Of the other 21 States, 13 have medical or osteopathic medical boards that have taken disciplinary action against a physician for prescribing medication online.
Many States have already enacted laws defining acceptable practices for qualifying medical relationships between doctors and patients and this bill would not affect any existing State laws.
For example, California law was changed in 2000 to say:
No person or entity may prescribe, dispense, or furnish, or
cause to be prescribed, dispensed, or furnished dangerous
drugs or dangerous devices [defined as any drug or device
unsafe for self-use] on the Internet for delivery to any
person in this state, without a good faith prior examination
and medical indication . . .
I believe California's law is a perfect example of why this legislation is needed. The law only applies to persons living in California. As we all know, however, the Internet is not bound by State or even country borders.
This legislation makes a critical step forward by providing additional authority for State Attorneys General to file an injunction in Federal court to shut down an Internet site operating in another State that violates the provisions in the bill.
Under current law, in order to close down an Internet website selling prescription drugs prosecutors must take enforcement actions in every State where the Internet pharmacy operates, requiring a tremendous amount of resources in an environment where the location of the website is difficult, if not impossible, to determine or keep track of.
This bill will allow a State Attorney General to bring a civil action in a Federal district court to enjoin a pharmacy operation and to enforce compliance with the provisions of the law in every jurisdiction where the pharmacy is operating.
While this legislation pertains to domestic Internet pharmacies, the practice of international pharmacies selling low-cost drugs to U.S. consumers who have valid prescriptions from their doctors deserves to be discussed and debated on the Senate floor. It is my hope that the Senate will act this year on prescription drug importation legislation.
In closing, I want to share with you the story of Ryan T. Haight of La Mesa, CA in whose memory this bill is named.
Ryan was an 18-year old honor student from La Mesa, CA, when he died in his home on February 12, 2001. His parents found a bottle of Vicodin in his room with a label from an out-of-state pharmacy.
It turns out that Ryan had been ordering addictive drugs online and paying with a debit card his parents gave him to buy baseball cards on eBay.
Without a physical exam or his parents' consent, Ryan had been obtaining controlled substances, some from an Internet site in Oklahoma. It only took a few months before Ryan's life was ended by an overdose on a cocktail of painkillers.
Ryan's story and others like it force us to ask why anyone in the U.S. would be able to access such highly addictive and dangerous drugs over the Internet with such ease?
Why was there no physician or pharmacist on the other end of this teenager's computer verifying his age, his medical history and that there was a valid prescription?
That is why I support this legislation. It makes sensible requirements of Internet pharmacy websites that will not impact access to convenient, oftentimes cost-saving drugs.
With simple disclosure requirements for Internet sites such as names, addresses and medical or pharmacy licensing information, patients will be better off and state medical and pharmacy boards can ensure that pharmacists and doctors are properly licensed.
Lastly, this bill will give State Attorneys General the authority they need to shut down rogue Internet pharmacies operating in other States. I urge my colleagues to support this bill.
Mr. President, I rise to introduce, along with my colleague, Senator Bill Nelson, the Increasing Notice of Foreign Outsourcing Act, or the INFO Act. This legislation will help safeguard Americans' most important and sensitive personal information when it is sent abroad for processing to countries that may have lax security and privacy standards.
The bill will ensure that American companies notify consumers of a business's outsourcing practices. It will require American companies to certify the adequacy of their outsourcing protections. And it will require American companies to hold their foreign business partners accountable for protecting Americans' data.
In order to protect the information of Americans that is now vulnerable abroad, this bill calls for the following key safeguards:
First, the bill requires American health and financial companies to notify consumers when sending their information abroad, and to certify the safety of the overseas processing. We drafted provisions carefully to minimize the burden on businesses, so they will expand on privacy disclosures that companies already make under Federal law.
Second, American companies processing health or financial data must include clauses in contracts with their foreign partners to allow audits of their foreign information processors and to enforce American privacy standards.
Third, the bill creates a system to inform American companies and Federal regulators of any security breaches involving American health or financial information at facilities operated outside the United States.
And fourth, the bill gives Americans the right to have workers at foreign call centers disclose where they are calling from.
The bill also gives Federal agencies the power to enforce these provisions. It is important to emphasize that this bill is drafted to minimize the burdens on businesses, by expanding on existing privacy data and security laws.
While many are concerned about how outsourcing abroad hurts American workers, outsourcing also poses risks to the security and privacy of American consumers' personal data. The recent wave of international outsourcing means that we are flooding the entire world with our most sensitive information.
Once sent abroad, the information is at risk because our Federal laws do not apply to foreign companies operating overseas. Another reason is because many foreign countries have far weaker security laws than our own. For instance, India still has no laws to protect personal and private data. And still another reason is because it is extremely difficult for Americans to use foreign courts to sue foreign companies that misuse American data.
These factors leave the most intimate details of the lives of uncountable Americans vulnerable to lax security and to malicious identity thieves.
And there is even more at stake. Information outsourcing poses a direct risk to national security. We are painfully aware that some people want to steal the identity of individual Americans in order to evade our homeland defenses and harm us all.
International information outsourcing has skyrocketed in recent years. Consider the following:
Tax returns for about 200,000 Americans were prepared in India this year. To put this number in context, India workers processed only about 1,000 U.S. tax returns 2 years ago. Tax returns have Americans' names, Social Security numbers, income, employers, addresses, and other details.
The American Association of Medical Transcription estimates that 10 percent of all medical transcription of doctors' notes is being done abroad.
An executive from Trans Union, one of the major credit agencies in the United States, told The San Francisco Chronicle that:
A hundred percent of our mail regarding customer disputes
is going to go to India at some point.
If anyone doubts the risk that international outsourcing poses to Americans, consider these incidents:
Recently, a low-paid transcriber in Pakistan was working as a subcontractor to the University of California Medical Center in San Francisco. That foreign worker threatened to post confidential patient information on the Internet unless the university coaxed her boss into paying some of her bills.
Three weeks later, a strikingly similar incident occurred with a worker in Bangalore, India.
In another incident, in Noida, India, an employee working at a call center used an American's credit card information to buy electronics equipment from Sony.
Also in India, there is a burgeoning black market in personal identity information. According to one report, stolen names, addresses, phone numbers, the bank a person has an account with, and even bank account numbers are sold on the streets for mere pennies.
These are just a few incidents. No one knows how many other times workers have done similar things. And that is a big part of the problem. It is not merely that Americans' identities are vulnerable when sent abroad. The problem is that American companies obscure how much outsourcing they do, and when they are doing it.
For example, according to the San Jose Mercury News, a worker at a call center dealing with State benefits refused to identify his location. The supervisor, when she picked up the call, refused to say anything more than that she worked for Citicorp.
In essence, the problem of obscurity is so bad that we can list only a few incidents reported by the media. How many security breaches have taken place? Have consumers been informed when their information is abroad and at risk? How much money has this cost consumers? We don't know.
And so far, American regulatory agencies have been unable to say despite their oversight of these industries. And American companies have stayed mum. We need to break the silence.
The fact is, our Government is simply not doing enough to protect consumers. Earlier this month I received a letter from John D. Hawke, Jr., who is the U.S. Comptroller of the Currency. He heads one of the agencies that regulates U.S. financial institutions and banks.
Mr. Hawke wrote to me that the Office of the Comptroller of the Currency, known as the OCC, does not directly regulate foreign contractors that work for U.S. banks. Specifically, he wrote:
[T]he OCC focuses its supervisory reviews regarding foreign
servicing relationships on whether the serviced banks have
adequate procedures in place. . . .
That means the OCC is focusing on the American companies, not the foreign ones.
I also learned from the OCC that it already suggests certain safeguards for American banks to use when they hire foreign information processors. The OCC asks U.S. banks to use contract provisions to make sure that foreign companies use secure methods to process data, and to let the U.S. companies audit the foreign companies.
But the OCC only suggests that companies adopt these safeguards. The legislation we are introducing today would take safeguards like the OCC's a step further, and make them mandatory.
Now is the time to act. We know that there are criminal syndicates, such as in Nigeria, that have fraudulently obtained bank information to steal untold fortunes. We can hardly imagine the damage such organizations can do with a vast new source of sensitive financial data from international information outsourcing.
In short, this bill accomplishes four goals crucial to protecting Americans' sensitive data sent abroad. It requires companies to give notice that they send consumers' sensitive data abroad. It ensures that U.S. companies can audit their foreign partners, and impose U.S. privacy standards on them. It establishes a system to ensure that foreign and U.S. companies will report security breaches to the U.S. Government. And it allows American consumers to demand to know where foreign call centers are located.
This bill helps to protect outsourced information while minimizing burdens on American businesses. I urge my colleagues to join us in this effort.
Mr. President, I ask unanimous consent that the Peace Corps Volunteers Health, Safety, and Security Act of 2004 be printed in the Record. Mr. President, today I join our colleague from Massachusetts,…
Mr. President, I ask unanimous consent that the Peace Corps Volunteers Health, Safety, and Security Act of 2004 be printed in the Record.
Mr. President, today I join our colleague from Massachusetts, Senator Kennedy, to introduce a bill
designed to help protect consumers--especially children--from the dangers of tobacco. Simply, our bill would finally give the Food and Drug Administration (FDA) the authority it needs to effectively regulate the manufacture and sale of tobacco products.
I say finally, because there are some tobacco proponents who would have you believe that the Master Settlement Agreement, which was signed in 1998 by 46 States, resolved the issue of youth tobacco use by imposing advertising restrictions.
I say finally, because my colleagues--first Senator McCain, then Senator Frist, then Senator Gregg, and then Senator Kennedy and I--have been seeking FDA regulation of tobacco products since the mid to late 1990's.
And, I say finally, because the bill that we are introducing today is the product of long and hard discussions and negotiations that I have had with Senator Kennedy and public interest groups and industry. Our bill has the support of Campaign for Tobacco Free Kids. Our bill has the support of Philip Morris. Our bill has the support of the American Heart Association, the American Lung Association, and the American Cancer Association. It is a bill that I am proud of, that is worthy of the Senate's consideration, and that will provide the FDA--finally-- with strong and effective authority over the regulation of tobacco products.
I realize full well that tobacco users and non-users, alike, recognize and understand that tobacco products are hazardous to their health. We all know that smoking is not a healthy habit. But, that's an obvious point in comparison to the fact that right now, many consumers, including smokers, are surprised to learn that no Federal agency has the authority to require tobacco companies to list the ingredients that are in their products--things like trace amounts of arsenic, formaldehyde, and ammonia. And, no Federal agency has the authority to inspect tobacco manufacturers--how the cigarette and smokeless tobacco products are made, whether the manufacturers' machines and equipment are clean, etc.
While simply listing the ingredients, toxic as they may be, might not seem like much to some, think of it this way: Current law makes sure we know what's in products designed to help people quit smoking, like ``the patch'' or Nicorette gum, but not the very products that get people addicted in the first place--the cigarettes. That is absolutely absurd!
Think about this: Right now, the Food and Drug Administration (FDA) requires Philip Morris/Altria to print the ingredients in its Kraft ``Macaroni and Cheese,'' but not the ingredients in its cigarettes--a product that contributes to the deaths of more than 440,000 people a year.
Right now, the FDA requires Philip Morris-owned Nabisco to print the ingredients contained in ``Oreo Cookies'' and ``Ritz Crackers,'' but not the ingredients in its cigarettes--even though cigarettes cause one-third of all cancer deaths and 90 percent of lung cancer deaths. It is unfathomable to me that we would require the listing of ingredients on these products, yet not require the listing of ingredients for one of the leading causes of death and disease.
Right now, the FDA requires the printed ingredients for chewing gum, lipstick, bottled water, and ice cream, but not for cigarettes--a product that causes 20% of all heart disease deaths and is the leading cause of preventable death in the United States.
Think about this: If a company wants to market a food product as ``fat-free'' or ``reduced-fat'' or ``lite,'' that company is required to meet certain standards regarding the number of calories or the amount of fat grams in that product. Yet, cigarette companies can call a cigarette a ``light'' or ``mild'' and not reveal a thing about the amount of tar or nicotine or arsenic in that supposedly ``light'' cigarette.
Not having access to all the information about this deadly product just makes no sense, and it is something that needs to change. By introducing this bill, we are finally saying that we are not going to let tobacco manufacturers have free reign over their markets and consumers any more.
Today, we are taking a step toward making sure the public gets adequate information about whether to continue to smoke or even to start smoking in the first place. With this bill, we are not just saying ``buyer beware.'' We are saying ``tobacco companies be honest.'' We are saying ``tobacco companies stop marketing to innocent children.'' We are saying ``tobacco companies tell consumers about what they are really buying.''
The legislation that Senator Kennedy and I are introducing would do just that.
One of the most dramatic changes our bill makes is that tobacco products will now have to be approved before they reach consumer hands. It just makes sense that tobacco products should not be able to imply that they may be safer or less harmful to consumers because they use descriptors such as ``light'' or ``mild'' or ``low'' to characterize the level of a substance in a product. The National Cancer Institute has found that many smokers mistakenly believe that ``low tar'' and ``light'' cigarettes cause fewer health problems than other cigarettes. Our bill would require specific approval by the FDA to use those words, so that consumers could be informed.
For the first time ever, all new tobacco products entering the market would have to be approved by the FDA. Obviously, we already know that smoking is a health risk. But, what we don't know about is the harm caused by or what adverse health effects are created by the other ingredients in tobacco products or by how the tobacco is burned. There are tobacco products on the market that are not conventional cigarettes. They have carbon filters running down the center of them. They are sophisticated products that burn tobacco differently, that affect the body differently, and that may cause people to smoke them differently.
According to the Department of Health and Human Services, in an October article of the Journal of the National Cancer Institute, ``the only proven method to reduce tobacco-related cancer risk is to stop smoking.'' Yet, often times, people cannot quit. It is very difficult to quit ingesting an addictive product. People are addicted to the nicotine in the tobacco product and are just simply unable to quit using it. So, tobacco companies have responded by developing and marketing tobacco products that purport to be ``reduced-risk'' or ``safer.''
Take, for example, a person who smokes Marlboro cigarettes--just plain Marlboro cigarettes, the ones in the red package. Let's say that person would like to quit smoking, has tried to quit smoking a number of times, but just hasn't been successful. So instead of quitting outright, that person figures they will switch the type of cigarette they smoke to a cigarette that has the implied claim of being ``safer''--like a ``light'' cigarette or a ``mild'' cigarette or a ``low tar'' cigarette. Those cigarettes have not been found to be any safer? In fact, just the opposite has been discovered.
In a 2001 National Cancer Institute publication, they wrote the following:
The tobacco companies set out to develop cigarette designs
that markedly lowered the tar and nicotine yield results as
measured by the Federal Trade Commission (FTC) testing
method. Yet, these cigarettes can be manipulated by the
smoker to increase the intake of tar and nicotine. The use of
these ``decreased risk'' cigarettes have not significantly
decreased the disease risk. In fact, the use of these
cigarettes may be partly responsible for the increase in lung
cancer for long-term smokers who have switched to the low-
tar/low-nicotine brands. Finally, switching to these
cigarettes may provide smokers with a false sense of reduced
risk, when the actual amount of tar and nicotine consumed may
be the same as, or more than, the previously used higher
yield brand.
So the products that tobacco companies develop and market as being ``safer'' are not safer. Rather than people quitting smoking entirely, they are often misled into thinking that the ``light'' or ``mild'' cigarettes that they switch to are better for them. In addition, people may begin to start smoking because they think some of these products aren't so bad for them--that the products have been made safer or better for them somehow and are okay to smoke.
Tobacco companies are able to make these implied health claims about their products because they are not regulated. Consumers have no choice but to trust the tobacco companies to reveal the ingredients and marketing claims about their products. That is just absurd to me. These are all things that should be examined, reviewed, and commented on by the Food and Drug
Administration to determine whether it is appropriate for these products to be marketed as ``reduced-risk'' products, so the public knows what they are choosing to consume.
Tobacco advertising is in magazines and on billboards along the highway. Tobacco advertising is in convenience stores, along the aisles and at the checkout counter right beside the candy where children are likely to see it. Tobacco advertising is at sporting events, part of promotional items, where consumers can ``buy 1 get 1 free.'' Tobacco advertising is on the Internet and in the daily delivery of mail.
Our bill would make changes regarding tobacco advertising. It would give the FDA authority to restrict tobacco industry marketing-- consistent with the First Amendment--that targets our children. Our bill would require advertisements to be in black and white text only and would define adult publication in terms of readership.
An issue that is related to advertising and marketing of tobacco products has to do with the flavored tobacco products, which clearly target our children. We have probably all seen the flavored cigarettes--flavors like strawberry, chocolate, and wild rum. The scent of strawberry filters through the unopened pack of cigarettes. And guess what, the cigarettes smell like candy. A recent New York Times article described the scent of chocolate flavored cigarettes as if ``someone had lifted the lid on a Whitman Sampler.''
I can't speak for every parent, but I know my 8 grandchildren like candy, and they like the smell of chocolate, and they would be curious to try something that smells or tastes like candy. Cigarettes shouldn't be flavored and marketed in such a way to attract children and to encourage children to smoke. Our bill bans the use of flavors such as strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, coffee and other flavorings that would attract children to the product.
Despite the fact that 40 million Americans use tobacco products, many of them do not know what is inside the cigarette or the tobacco product they ingest. They do not know the ingredients or the constituents, like tar or nicotine, that are in the products they use. Consumers do not know what additives are included in the product. Additives like ammonia or urea, both of which may make the tobacco product more addictive because they increase the delivery of nicotine. Tobacco companies do not disclose the specific ingredients in their products because they don't have to. Tobacco products are unregulated.
Our legislation would give consumers more information about what's in tobacco products. Specifically, the bill would provide the FDA with the ability to publish the ingredients of tobacco products.
It would require a listing of all ingredients, substances, and compounds added by the manufacturer to the tobacco, paper, or filter.
It would require a description of the content, delivery, and form of nicotine in each tobacco product.
It would require information on the health, behavioral, or physiologic effects of the tobacco products.
I think it is equally important that I mention what our bill does not do. Here are some of the areas where authority is not conferred to FDA: Our bill does not allow FDA to ban tobacco products or to eliminate nicotine from a tobacco product. The bill ensures that FDA will not have the power to use its ``performance standard'' authority to ban cigarettes, smokeless tobacco or any other category of tobacco products, or to reduce their nicotine yields to zero.
Our bill does not allow FDA to establish a minimum smoking age higher than 18. The bill explicitly forbids FDA from establishing a minimum age higher than 18 years of age to purchase tobacco products.
Our bill treats all tobacco retailers equally. Our bill specifically provides that FDA can't prohibit the sale of tobacco products in any particular category of retail outlet. Our bill forbids FDA from creating a more permissive set of advertising rules for adult-only establishments. This provision protects retailers and convenience store owners.
Finally, I would like to make a comment about the tobacco farmers. There has been a lot of talk recently about the need for a buyout for our Nation's tobacco farmers. My colleagues, Senator McConnell and Senator Dole, have been working tirelessly to craft a buyout bill for tobacco farmers. They need a buyout--and the Congress should give them one. The Senate needs to pass the buyout, but the buyout needs to be passed along with this FDA bill. I look forward to working with my colleagues from the tobacco-growing states to make this happen.
The bill that Senator Kennedy and I introduce today gives the FDA the authority to regulate a product that has gone unregulated for far too long--a product that for the past century has not revealed its ingredients to the consumer--a product whose manufacturing facilities are not inspected or accountable for following good manufacturing practices--a product that is never reviewed or approved before reaching the hands of 40 million consumers, many of whom are just children. Congress needs to put an end to this. Congress should put an end to the marketing of tobacco products to our children. Congress should put an end to the ability of tobacco companies to make claims, whether they are implied claims or direct claims, about their products. Congress should put an end to tobacco companies putting any ingredient they want into their products without disclosing it to the consumer. It is time Congress give the FDA authority to it needs to fix these problems.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today with my friend and colleague, Senator Carper, to introduce the Postal Accountability and Enhancement Act of 2004, a bill designed to help the 225-year-old Postal Service…
Mr. President, I rise today with my friend and colleague, Senator Carper, to introduce the Postal Accountability and Enhancement Act of 2004, a bill designed to help the 225-year-old Postal Service meet the challenges of the 21st Century. This legislation represents the culmination of a process that began in the summer of 2002 when I introduced a bill to establish a Presidential Commission charged with examining the problems the Postal Service faces, and developing specific recommendations and legislative proposals that Congress and the Postal Service could implement.
It has long been acknowledged that the financial and operational problems confronting the Postal Service are serious. At present, the Postal Service has more than $90 billion in unfunded liabilities and obligations, which include $6.5 billion in debt to the U.S. Treasury, nearly $7 billion for Workers' Compensation claims, $5 billion for retirement costs, and as much as $45 billion to cover retiree health care costs. The General Accounting Office's Comptroller General, David Walker, has pointed to the urgent need for ``fundamental reforms to minimize the risk of a significant taxpayer bailout or dramatic postal rate increases.'' The Postal Service has been on GAO's ``High-Risk'' List since April of 2001. The Postal Service is at risk of a ``death spiral'' of decreasing volume and increasing rates that lead to further decreases in volume.
In December of 2003, President Bush announced the creation of a bipartisan commission charged with identifying the operational, structural, and financial challenges facing the U.S. Postal Service. The President charged this commission with examining all significant aspects of the Postal Service with the goal of recommending legislative and administrative reforms to ensure its long-term viability.
The President's Commission conducted seven public hearings across the country at which they heard from numerous witnesses. On July 31, 2003, the Commission released its final report, making 35 legislative and administrative recommendations for the reform of the Postal Service.
As I read through the Commission's report, I was struck by what I considered the Commission's wake up call to Congress: its statement that ``an incremental approach to Postal Service reform will yield too little, too late given the enterprise's bleak fiscal outlook, the depth of current debt and unfunded obligations, the downward trend in First- Class mail volumes and the limited potential of its legacy postal network that was built for a bygone era.'' That is a very strong statement, and one that challenged both the Postal Service and Congress to embrace far-reaching reforms.
To the relief of many, including myself, the Commission did not recommend privatization of the Postal Service. Instead, the Commission sought to find a way for the Postal Service to do, as Co-Chair Jim Johnson described to me, ``an overwhelmingly better job under the same general structure.''
The Postal Service plays a vital role in our economy. The Service itself employs more than 750,000 career employees. Less well known is the fact that it is also the linchpin of a $900-billion mailing industry that employs 9 million Americans in fields as diverse as direct mailing, printing, catalog production, paper manufacturing, and financial services. The health of the Postal Service is essential to the vitality of thousands of companies and the millions that they employ.
One of the greatest challenges for the Postal Service is the decrease in mail volume as business communications, bills and payments move more and more to the Internet. The Postal Service has experienced declining volumes of First-Class mail for the past four years. This is highly significant, given that First-Class mail accounts for 48 percent of total mail volume, and the revenue it generates pays for more than two- thirds of the Postal Service's institutional costs.
The Postal Service also faces the difficult task of trying to cut costs from its nationwide infrastructure and transportation network. These costs are difficult to cut. Even though volumes may be decreasing, carriers must still deliver six days a week to more than 139 million addresses.
As Chairman of the Committee on Governmental Affairs, I held a series of eight hearings, including a joint hearing with the House, during which we reviewed the recommendations of the President's Commission. The bill Senator Carper and I introduce today is the culmination of everything the Committee learned from dozens of witnesses over the past eight months.
First and foremost, the Collins-Carper bill preserves the basic features of universal service-affordable rates, frequent delivery, and convenient community access to retail postal services. As a Senator representing a large, rural State, I want to ensure that my constituents living in the northern woods, or on the islands, or in our many rural small towns have the same access to postal services as the people of our cities. If the Postal Service were no longer to provide universal service and deliver mail to every customer, the affordable communication link upon which many Americans rely would be jeopardized. Most commercial enterprises would find it uneconomical, if not impossible, to deliver mail and packages to rural Americans at rates charged by the Postal Service.
The Collins-Carper bill allows the Postal Service to maintain its current mail monopoly, and retain its sole access to customer mailboxes. It grants the Postal Service Board of Governors the authority to set rates for competitive products like Express Mail and Parcel Post, as long as these prices do not result in cross subsidy from market-dominant products. As a safeguard, our bill establishes a 30 day prior review period during which the proposed rate changes shall be reviewed by the Postal Regulatory Commission.
It replaces the current lengthy and litigious rate-setting process with a rate cap-based structure for market-dominant products such as First-Class Mail, periodicals and library mail. This would allow the Postal Service to react more quickly to changes in the mailing industry. The rate caps would be linked to an inflation indicator selected by the Postal Regulatory Commission. The goal would be to make rate increases more predictable and less frequent and to provide incentives for the Postal Service to operate efficiently. Price changes for market-dominant products would be subject to a 45-day prior review period by the Postal Regulatory Commission.
Our bill would introduce new safeguards against unfair competition by the Postal Service in competitive markets. Subsidization of competitive products by market-dominant products would be expressly forbidden, and an equitable allocation of institutional costs to competitive products would be required.
The President's Commission recommended that the regulator be granted the authority to make changes to the Postal Service's universal service obligation and monopoly. The vast majority of the postal community, however, shared my belief that these are important policy determinations that should be retained by Congress. The
Collins-Carper bill keeps those public policy decisions in congressional hands.
The existing Postal Rate Commission would be transformed into the Postal Regulatory Commission with greatly enhanced authority. Under current law, the Rate Commission has very narrow authority. We wanted to ensure that the Postal Service management has both greater latitude and stronger oversight. Among other things, the Postal Regulatory Commission will have the authority to regulate rates for non- competitive products and services; ensure financial transparency; establish limits on the accumulation of retained earnings by the Postal Service; obtain information from the Postal Service, if need be, through the use of new subpoena power; and review and act on complaints filed by those who believe the Postal Service has exceeded its authority. Members of the Postal Regulatory Board will be selected solely on the basis of their demonstrated experience and professional standing. Senate confirmation of all Board Members will be required.
The Governmental Affairs Committee dedicated two hearings to the examination of the Commission's workforce-related recommendations. The Postal Service is a highly labor intensive organization, using $3 out of every $4 to pay the wages and benefits of its employees. Their workforce is comprised of more than 700,000 dedicated letter carriers, clerks, mail handlers, postmasters, and others, who place great value on their right to collectively bargain. Our bill reaffirms that right. This bill only makes changes to the bargaining process that have been agreed to by both the Postal Service and the four major unions. We replace the rarely used fact-finding process with mediation, and shorten statutory deadlines for certain phases of the bargaining process.
Additionally, the Collins-Carper bill corrects what I believe to be an anomaly in the Federal workers' compensation law that results in high costs for the Postal Service. Under the Federal Employees Compensation Act (FECA), Federal employees with dependents are eligible for 75 percent of their take-home pay, tax free, plus cost of living allowances. In addition, there is no maximum dollar cap on FECA payments. As a result, employees often opt not to retire, staying on the more generous workers' compensation program permanently.
According to a March 2003 audit issued by the Postal Service's Office of Inspector General, the Postal Service's workers' compensation rolls include 81 cases that originated 40 to 50 years ago, with the oldest recipient being 102 years old. The IG's office found 778 cases that originated 30 to 40 years ago; and 1,189 cases that originated 20 to 29 years ago.
The Collins-Carper bill works to protect the financial resources of the Postal Service by converting workers' compensation benefits for total or partial disability to a retirement annuity when the affected employee reaches 65 years of age. This change would reflect the fact that disabled postal employees would likely retire at some point were they not receiving workers' compensation. I would like to note that the average postal employee retires far earlier than age 65, so this is still a generous program. It is important to point out that the Postal Service has reduced their workplace injury rate by twenty-eight percent over the past three years.
The Collins--Carper bill also puts into place a three-day waiting period before an employee is eligible to receive 45 days of continuation of pay. This is consistent with every state's workers' compensation program that requires a three- to seven-day waiting period before benefits are paid.
Our bill has reached an important compromise on the issue of workshare discounts. Some have raised concerns that the Postal Service has set rates so that mailers get a discount greater than the cost avoided by the Postal Service. While this may have occurred in a handful of instances, those mailers are still covering their attributable costs, as well as making a healthy contribution to overhead. The language in our bill sets a policy that the Postal Service shall not create new discounts greater than the cost avoided by the Postal Service. The only exception is in those cases where the Postal Regulatory Commission believes those rates are necessary.
The bill has also, for the first time, explicitly created the authority for the Postal Service to enter into negotiated service agreements with individual customers. This will allow the Postal Service to create agreements with customers to increase its revenue. I would point out that these agreements must cover all attributable costs, and will likely result in greater contribution to overhead. In addition, our bill requires that other similarly situated mailers will be able to enter into such agreements with the Postal Service.
Finally, our bill would repeal a provision of Public Law 108-18 which requires that money owed to the Postal Service due to an overpayment into the Civil Service Retirement System Fund be held in an escrow account. Repealing this provision would essentially ``free up'' $78 billion over a period of 60 years. These savings would be used to not only pay off debt to the U.S. Treasury and to fund health care liabilities, but to mitigate rate increases as well. In fact, failure to release these escrow funds would mean, for mailers, a double-digit rate increase in 2006--an expense most American businesses and many consumers are ill-equipped to afford.
The bill would also return to the Department of Treasury the responsibility for funding CSRS pension benefits relating to the military service of postal retirees. No other agency is required to make this payment. Ratepayers should not be held responsible for this $27 billion obligation.
The Postal Service has reached a critical juncture. If we are to save and strengthen this vital service upon which so many Americans rely for communication and their livelihoods, the time to act is now.
Our bill has the strong endorsements of the National Rural Letter Carriers Association, the National Association of Letter Carriers, the National Association of Postmasters of the United States, and the Coalition for a 21st Century Postal Service--which represents thousands of the major mailers, employee groups, small businesses, and other users of the mail. I am also very pleased to add Senators Ted Stevens, George Voinovich and John Sununu as originated cosponsors of this bill.
I look forward to working with all of my colleagues in the Senate, and House Government Reform and Oversight Committee Chairman Tom Davis, who just last week passed a postal reform bill out of his committee by a vote of 40-0.
I ask unanimous consent that the text of the bill be printed in the Record, along with a letter sent to me from David Walker, Comptroller General of the General Accounting Office, addressing the need for comprehensive postal reform.
Mr. President, I rise today to introduce an important bill related to education and our national, homeland, and economic security. I am pleased to be joined in this bipartisan effort with Senators…
Mr. President, I rise today to introduce an important bill related to education and our national, homeland, and economic security. I am pleased to be joined in this bipartisan effort with Senators Lieberman, Roberts, and Allen, and I am grateful to each of them for working closely with me in crafting this legislation.
Some 50 plus years ago, I was a high school drop-out. I left school at the age of 17 to enlist in the Navy to serve this country in World War II. In the military, I earned the rank of Petty Officer 3rd Class, electronic technician's mate. And, it was in this role that I earned my first bit of technical education.
In return for my service, I was lucky enough to earn a GI Bill that helped me go to college at Washington & Lee University where I earned a degree in engineering. Subsequently, I joined the Marines and earned a second GI Bill that allowed me to attend the University of Virginia where I earned my law degree.
Without the GI bill, I certainly might not have earned the education that I was fortunate enough to receive, and I certainly would not be standing here today in the United States Senate. That is why I feel so very strongly that we must support education in this country. Today's generation of students should have at least the same opportunity to earn their education that I had, if not more.
We are fortunate in America that we have several important Federal programs to help make education more affordable for today's generation. Whether it is the GI Bill, the Americorp stipend, subsidized and unsubsidized Stafford loans, or any number of other Federal education programs, many Americans today who wish to obtain higher education have access to a variety of educational programs. I support strengthening these programs to increase access to higher education.
Of all the educational grant programs, the Pell Grant program is the largest source of grant aid to help students pay for the costs associated with higher education. Eligibility for Pell Grants is based on financial need, and this year alone, Pell Grants helped 5.3 million undergraduate students attain higher education.
Now, I am a strong supporter of the Pell Grant program. The $13.1 billion
that is being spent by the Federal Government on Pell Grants in fiscal year 2004 gives students access to higher education that otherwise might not have such access. But, I also recognize that the Pell Grant program was created in 1972 when the world was entirely different.
Our world today is much more dangerous than it was back then, and much more dangerous than when I served this country with brief tours of duty in World War II and the Korean War.
Today, while we're sleeping, people in other parts of the world are contriving of every possible way to take our business, our economy, our security, and our freedoms away from us. September 11, 2001, should remind us of this.
Once, great oceans protected this Nation. But now, with the advent of the Internet and other modern technologies, the world is more connected than ever, and America is more vulnerable than ever in a lot of ways. Computer hackers all over the world try on a daily basis to hack into government computers. If successful, this could wreak havoc. Furthermore, each day, for whatever reason, people create computer viruses, and even the smallest virus can cost our economy billions of dollars.
Simply put, in today's day and age, our country faces new challenges like never before. I ask--are we prepared to meet these challenges?
Unfortunately, our institutions of higher learning are not producing enough American graduates with certain majors to meet our new challenges. In engineering, math, computer sciences, hard sciences, and certain foreign languages--America is coming up short.
The statistics are alarming: the Third International Math and Science Study reports that U.S. 12th graders scored in only the 7th percentile in math worldwide, and only the 3rd percentile in science. This is near the bottom among major industrialized nations. The National Science Foundation reports that the fraction of U.S. Bachelor degrees in science and engineering have been declining for nearly 2 decades when compared to the rest of the world. While nearly two-thirds of Bachelor degrees in China and Singapore are science or engineering, they account for only about 17 percent in the United States. In fact, we currently rank 61st out of the 63 countries surveyed. Similarly, the National Science Board reports that the fraction of foreign born scientists and engineers in the U.S. workforce rose to an all time high by 2000. Amazingly, 38 percent of all people working in the United States with doctorate degrees in science or engineering are now foreign born.
The effects of these educational trends are already being felt in various important ways. For example: the American Physical Society reports that the proportion of articles by American authors in the Physical Review, one of the most important research journals in the world, has hit an all time low of 29 percent, down from 61 percent in 1983. And the U.S. production of patents, probably the most direct link between research and economic benefit, has declined steadily relative to the rest of the world for decades, and now stands at only 52 percent of the total.
Despite these statistics, up to now, this country has been able to meet its new challenges by importing brain power from foreign countries. We are fortunate to have so many smart minds from other countries willing to come to the United States to fill critical science and engineering positions. However, the need for home-grown talent is becoming more and more apparent.
First, international competition for this foreign brain power has become intense. As the National Science Board notes, ``Governments throughout the world recognize that a high-skill S&E workforce is essential for economic strength. Countries beyond the United States have been taking action to . . . attract foreign students and workers, and raise the attractiveness to their own citizenry of staying home or returning from abroad to serve growing national economies and research enterprises.'' This increased global competition for science and engineering workers ``comes at a time when demand for their skills is projected to rise significantly--both in the United States and throughout the global economy.''
Without action on our part, though, America will lose out in the competition for these technically talented workers. According to the National Science Board, by 2010, if current trends continue, significantly less than 10 percent of all physical scientists and engineers in the world will be working in America.
Increased global competition is not the only reason, though, that we have to promote a home-grown S&E workforce in America. In the post 9/11 era, it is more important than ever from a security perspective to have American citizens performing certain tasks.
The National Science Board put it best when they said, ``The ready availability of outstanding science and engineering talent from other countries is no longer assured, as international competition for the science and engineering workforce grows. Threats to world peace and domestic security create additional constraints on employment of foreign nationals in the United States.''
I think the message is clear: Our S&E workforce is in crisis. If we do not act to encourage more American citizens to enter the high shortage areas in engineering, math, and science, then America may lose its historical advantage as the world's innovator.
The consequences of this trend are also significant from a national security perspective. The defense-related research that goes into giving our men and women in the Armed Forces the best technology and equipment requires the special skills of engineers, scientists and computer scientists. Our military has always recognized these facts, and historically has been a tremendous supporter of science and engineering on a broad scale, from applied research to the most pure and esoteric of pursuits.
Let me quote some numbers which make clear what a huge investment our defense community makes in science and engineering: According to the National Science Foundation, the Defense Department is by far the largest single supporter of science and technology in the Federal Government, accounting for about half of the total research dollars spent; the proportion of defense funding for University research in critical disciplines is very significant. For example, 90 percent of basic astronautical research is defense-funded. And, as you all must realize, University research is vastly important for training subsequent generations of high-quality researchers; and in terms of technical manpower, defense-related scientists and engineers make up nearly 46 percent of the total Federal workforce. And, this includes 28 percent of all physical scientists, 48 percent of computer scientists and mathematicians, and 67 percent of all engineers.
For well over a century these investments have given us advantages in technological fields that have provided our men and women of our Armed Forces the most advanced and powerful tools in existence, from submarines and airplanes to unmanned vehicles and the Internet. These technologies not only give our military an overwhelming advantage on the battlefield, they also save many lives.
Yet, alarmingly, it is in the precise disciplines that produce these technologies and equipment where we see some of the greatest potential shortages in our science and engineering workforce. Numerous studies show that the number of domestic students in these critical fields has been falling steadily for years. And, without major investments to encourage more Americans to enter these critical fields, America is going to lose its status as the world's innovator and be placed in the precarious situation of having to rely on foreign countries to sell us the best equipment and the best technology for our troops. That is why it is paramount for America, from within, to produce the home-grown technical talent it needs.
The consequences of inaction are enormous. And, while America's challenge is substantial, it is not insurmountable. Fortunately, we already have an existing Federal program up and running that, if modified, can help.
Under current law, the $13.1 billion a year Pell Grant program awards recipients grants regardless of the course of study that the recipient chooses to pursue. So, under current law, 2 people
from the same financial background are eligible for the same grant even though one chooses to major in the liberal arts while the other majors in engineering or science.
While I believe studying the liberal arts is an important component to having an enlightened citizenry, I also believe that given the unique challenges we are facing in this country, it is appropriate for us to add an incentive to the Pell Grant program to encourage individuals to pursue courses of study where graduates are needed to meet our national security, homeland security, and economic security needs.
That is why today I am introducing this legislation. The legislation is simple. It provides that at least every 2 years, our Secretary of Education, in consultation with the Secretary of Defense, the Secretary of Homeland Security, and others, should provide a list of courses of study where America needs home-grown talent to meet our national, homeland, and economic security needs. Those students who pursue courses of study in these programs will be rewarded through a doubling of their Pell Grant to help them with the costs associated with obtaining their education.
We in the Congress have an obligation when expending taxpayer money, to do so in a manner that meets our Nation's needs. Our Nation desperately needs more highly trained domestic workers. That is an indisputable fact. And, in the Pell Grant program, we have over $13 billion that is readily available to help meet this demand.
In closing, our world is vastly different today than it was when the Pell Grant program was created in 1972. My legislation is a commonsense modification of the Pell Grant program that will help America meet its new challenges. I hope my colleagues will join me in this endeavor.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise to introduce two bills that expand Federal authority to prevent controlled substances from flooding into the U.S., authorizing states to shut down illegitimate virtual…
Mr. President, I rise to introduce two bills that expand Federal authority to prevent controlled substances from flooding into the U.S., authorizing states to shut down illegitimate virtual pharmacies, and bar Internet drug stores from dispensing drugs to customers referred to on-line doctors for a prescription.
Americans are increasingly turning to the Internet for access to affordable drugs. In 2003, consumer spending on drugs procured over the Internet exceeded $3.2 billion. Unfortunately, rogue Internet sites have proliferated and rake in millions of dollars by selling unproven, counterfeit, defective or otherwise inappropriate medications to unsuspecting consumers. Even more dangerously, these sites are profiting by selling addictive and potentially deadly controlled substances to consumers without a prescription or any physician oversight. This must stop before more individuals die or become addicted to easily obtainable narcotic drugs.
The first bill I am introducing was developed in close consultation with Senator Feinstein, who is an original cosponsor. In appreciation for her role in helping write this legislation it is named after a young man from her state who died from an overdose of drugs purchased over the Internet.
17-year old Ryan Haight of La Mesa, CA was an honor roll student, and avid baseball card collector about to enter college. As his mom says, ``he was a good kid.'' But in May of 2000 Ryan started hanging out with a different crowd of friends. He joined an online chat forum, which advocates the safe use of drugs, and he began buying prescription drugs from the Internet.
He used the family computer late at night and a debit card his parents gave him to buy baseball cards on Ebay. You might ask, how did a healthy 17-year old obtain prescriptions for painkillers without a medical exam. He got them from Dr. Robert Ogle an ``online'' physician based out of Texas. With the prescriptions from Dr. Ogle, Ryan was able to order hydrocodone, morphine, Valium and Oxazepam and have them shipped via US mail right to his front door.
In February 2001, Ryan overdosed on a combination of these prescription drugs. His mother found him dead on his bedroom floor.
The Ryan Haight Internet Pharmacy Consumer Protection Act counters the growing sale of prescription drugs over the Internet without a valid prescription by 1. providing new disclosure standards for Internet pharmacies; 2. barring Internet sites from selling or dispensing prescription drugs to consumers who are provided a prescription solely on the basis of an online questionnaire; and 3. allowing State Attorneys General to go to Federal court to shut down rogue sites.
The bill is geared to counter domestic Internet pharmacies that sell drugs without a valid prescription, not international pharmacies that sell drugs at a low cost to individuals who have a valid prescription from their U.S. doctors.
Under current law, purchasing drugs online without a valid prescription can be simple: a consumer just types the name of the drug into a search engine, quickly identifies a site selling the medication, fills in a brief questionnaire, and then clicks to purchase. The risks of self-medicating, however, can include potential adverse reactions from inappropriately prescribed medications, dangerous drug interactions, use of counterfeit or tainted products, and addiction to habit-forming substances. Several of these illegitimate sites fail to provide information about contraindications, potential adverse effects, and efficacy.
Regulating these Internet pharmacies is difficult for Federal and State authorities. State medical and pharmacy boards have expressed the concern that they do not have adequate enforcement tools to regulate practice over the Internet. It can be virtually impossible for States to identify, investigate, and prosecute these illegal pharmacies because the consumer, prescriber, and seller of a drug may be located in different States.
The Internet Pharmacy Consumer Protection Act amends the Federal Food, Drug, and Cosmetic Act to address this problem in three steps. First, it requires Internet pharmacy websites to display information identifying the business, pharmacist, and physician associated with the website.
Second, the bill bars the selling or dispensing of a prescription drug via the Internet when the website has referred the customer to a doctor who then writes a prescription without ever seeing the patient.
Third, the bill provides States with new enforcement authority modeled on the Federal Telemarketing Sales Act that will allow a state attorney general to shut down a rogue site across the country, rather than only bar sales to consumers of his or her state.
I am proud to say that the Ryan Haight Internet Pharmacy Consumer Protection Act is supported by the Federation of State Medical Boards, the National Community Pharmacists Association, and the American Pharmacists Association.
The second bill I am introducing enables Customs and Border Protection to immediately seize and destroy any package containing a controlled substance that is illegally imported into the U.S. without having to fill out duplicative forms and other unnecessary administrative paperwork. The Act will allow Customs to focus on interdicting and destroying potentially addictive and deadly controlled substances. The Act is dedicated to Todd Rode, a young man who died after overdosing on imported drugs.
Todd Rode had the heart and soul of a musician. He graduated from college magna cum laude with a major in psychology and a minor in music. The faculty named him the outstanding senior in the Psychology Department. He worked in this field for a number of years, but he constantly fought bouts of depression and anxiety.
Unfortunately Todd ordered controlled drugs from a pharmacy and doctor in another country. These drugs included Venlafaxine, Propoxyphene, and Codeine. All were controlled substances and all were obtained from overseas pharmacies without any safeguards. To obtain these controlled substances all Todd had to do was to fill out an online questionnaire and with the click of a mouse they were shipped directly to his front door.
In October of 1999, Todd's family found him dead in his apartment.
A six-month investigation by the Permanent Subcommittee on Investigations has revealed that tens of thousands of dangerous and addictive controlled substances are streaming into the U.S. on a daily basis from overseas Internet pharmacies. For example, on March 15 and 17, 2004, at JFK airport, home to the largest International Mail Branch in the U.S., at least 3,000 boxes from a single vendor in the Netherlands containing hydrocodone and Diazepam (Valium) were seized by Customs and Border Protection (Customs).
In fact, senior Customs inspectors at JFK estimate that 40,000 parcels containing drugs are imported on a daily basis. During last summer's FDA/Customs blitz, 28 percent of the drugs tested were controlled substances. Extrapolating these figures, 11,200 drug parcels containing controlled substances are imported through JFK daily, 78,400 weekly, 313,600 monthly and 3,763,200 annually. top countries of origin include Brazil, India, Pakistan, Netherlands, Spain, Portugal, Canada, Mexico, and Romania.
Likewise, as of March 2003, senior Customs officials at the Miami International Airport indicated that as much as 30,000 packages containing drugs were being imported on a daily basis. A large percentage of these are controlled substances as well. Customs is simply overwhelmed. At Mail facilities across the U.S., Customs regularly seizes shipments of oxycodone, hydroquinone, tranquilizers, steroids, codeine laced products, GHB, date rape drug, and morphine.
In order to comply with paperwork requirements, Customs is forced to devote investigators solely to opening, counting, and analyzing drug packages, filling out duplicative forms, and logging into a computer all of the seized controlled substances. It takes Customs at least one hour to process a single shipment of a controlled substance. This minimizes the availability of inspectors to screen incoming drug packages. In fact, currently at JFK, there are 20,000 packages of seized controlled substances waiting processing. Customs acknowledges that, because of the sheer volume of product, bureaucratic regulations, and lack of manpower, the vast majority of controlled substances that are illegally imported are simply missed and allowed into the U.S. stream of commerce.
The Act to Prevent the Illegal Importation of Controlled Substances is a simple bill to address this burgeoning and potentially lethal problem.
I am confident that, if enacted as stand-alone measures, each of these bills will make on-line drug purchasing safer. However, I am working with Senator Gregg to ensure these safety features are included in his comprehensive reimportation bill and urge my colleagues to help make sure that this important piece of legislation becomes law this year.
Mr. President, the Mississippi River is a national treasure and this legislation authorizes programs that will help restore water quality and rehabilitate wildlife and wildlife habitat on the river.
The annual operation of the Upper Mississippi River Basin needs to take into consideration opportunities for ecosystem restoration. The Upper Mississippi River ecosystem consists of hundreds of thousands of acres of bottomland forests, islands, backwaters, side channels and wetlands. The Upper Mississippi River system includes 284,688 acres of National Wildlife Refuge land that is managed as habitat for migratory birds, fish, threatened and endangered species and a diverse assortment of other species and related habitats.
I am very pleased that this bill gives ecosystem restoration the attention that it deserves.
The Department of Transportation projects that water transportation will play an increasing role in moving freight due to congestion on roads and railways. More efficient use of river transportation will help the environment reducing traffic congestion and emissions on our Nation's highways. For example, a 15 barge tow can carry as much as 870 semi-tractor trailer trucks. Fuel efficiency for barge transportation is 2.5 times that of rail transport and nearly 10 times that of truck transport.
Improving navigation efficiency on the upper Mississippi and Illinois Rivers has been a high priority issue for Midwest farmers for years. Our agricultural competitive position in accessing world markets is greatly impacted by the efficiency of our transportation system. Farmers depend on the lock system to move grain efficiently to market. They also depend on the locks for the movement of crop production inputs up the Mississippi River.
Our entire region benefits as commercial barge traffic moves not only agricultural products, but also aggregate, cement, salt, and other important items efficiently, safely and in an environmentally sound manner.
The Upper Mississippi River Ecosystem Restoration and navigation bill also represents a landmark opportunity to address environmental and economic ramifications of the entire lock and dam system, rather than the previous piecemeal approaches. The Corps of Engineers has responded to critics who called for a comprehensive evaluation, coupling an assessment of the economic need for navigation improvements and the ecosystem restoration components necessary to protect our region in the process. As outlined in this legislation, the $1.46 billion ecosystem restoration package includes the construction of fish passages, floodplain restoration on thousands of acres and side channel restoration, along with other measures.
This is indeed a new approach to improving our economy, by providing construction jobs and boosting our farm economy, and protecting our environment, by increasing the efficiency of barge traffic while initiating important water quality measures.
I am proud to be a coauthor of this important legislation.
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Mr. President, I am proud today to introduce the Community Security Act of 2004. This bill is intended to help prepare our Nation to cope with future disasters, as well as help the daily work of our…
Mr. President, I am proud today to introduce the Community Security Act of 2004. This bill is intended to help prepare our Nation to cope with future disasters, as well as help the daily work of our first responders, by adequately training and equipping them, and by increasing Federal investments in relevant research and development. While much of the bill applies generally to all first responders, this legislation gives special emphasis to the role of volunteer first responders.
As my colleagues surely know, volunteers make up a very significant portion of our Nation's fire service, as well as emergency medical personnel and, to a somewhat lesser degree, law enforcement. The role of volunteers is especially prominent in rural areas, such as in my State of West Virginia. Making certain that local governments can recruit and retain first responders, and that once serving, these dedicated men and women have the necessary tools, are essential factors in protecting our communities.
Inspiration for much of this bill came from the West Virginia Summit on Homeland Security, which I hosted in November of last year, and from the numerous roundtable discussions I have had with my State's first responders since the terrorist attacks on our country on September 11, 2001. During the Summit and in the discussions that preceded it, first responders, educators, health officials, and local elected officials from around West Virginia provided me with thoughtful analysis of what works in Federal assistance programs, what doesn't, and what has been completely lacking.
Although the President and Congress have made great strides in improving our homeland security, there are still gaping holes in our level of preparedness that must be filled. For the most part, the Federal Government is the only source of funding for this work; work that must be done. This legislation is based on what first responders have told me they need and is intended to address these needs.
What was reiterated in meeting after meeting was that the gaps were many, and that additional State funding was unlikely. As almost every State in the Union faces budget shortfalls, I expect my colleagues have heard much the same thing. First responders and local politicians need to recruit and train volunteers; they need the Federal Government to help them supply these men and women with basic lifesaving and interoperable communication equipment; and they need help in fostering cooperation among not only the
different professions within the first responder community, but between first responders and the education and social service communities.
Many areas of concern were discussed and it became clear to me that no one program could address all of them. Instead of introducing a number of small bills, I've put together a package of legislation that contains several arguably unrelated provisions that have one thing in common--each is designed to improve homeland security at the local level.
In West Virginia and across the Nation, the numbers of volunteer first responders have been dwindling due to a number of factors-- National Guard and Reserve call-ups and changing American lifestyles that leave little time for the serious commitment necessary to be a first responder. It is believed that many more people would volunteer, or would continue in their service as volunteers, if there were a way to carve out more time for the training involved. In addition to basic training, West Virginia and other states require additional training for first responders who choose to serve in units specializing in Weapons of Mass Destruction (WMD) response, or mitigation of biohazards and chemical releases. In fact, Secretary Ridge has cited West Virginia's homeland security plan, including development of highly trained Regional Response Teams, as an example for other States to follow.
The problem is, earning the right to be part of one of these teams-- made up of the best of the best in their respective disciplines-- requires training that most volunteers, who are holding down full-time jobs in addition to their public service and family responsibilities, cannot find the time for, or in some cases, afford. For example, West Virginia's Regional Response Team members are required, within the first two years, to complete 200 hours of specialized training over and above what is already required in their roles as firefighters or EMTs. For many volunteer first responders, this time commitment is difficult to meet but, for those whose jurisdictions do not pay training costs, it is impossible to justify.
To remedy this situation, this bill creates two tax incentives: a business credit to encourage small businesses to allow their volunteer first responder employees to take time off for training, and a personal deduction for the first responders themselves, when training and related expenses are not reimbursed by their State or local government.
My conversations with West Virginia first responders and local officials have also taught me that even when a State is well prepared or, in the case of West Virginia, exceptionally prepared, gaps can still exist at the local level which put citizens at risk. Some local first responder units, especially those in rural areas, do not feel as prepared as they know they should be. For example, a recent report found that most fire departments across the country had only enough radios for one-half of the firefighters on a shift and breathing apparatuses for only one-third. Without these basics, these brave men and women are not adequately equipped to respond to a house fire and are at a serious disadvantage when responding to a critical incident.
Similarly, some firehouses and police stations lack basic telecommunications equipment. I have been concerned for some time that many of our police departments in rural areas were operating without the crime-fighting tools at their disposal that computers and high- speed Internet connections offer. So, while I was not necessarily surprised, I was a little troubled that the lack of modern telecommunications equipment--computer hardware, Internet service and e-mail, and multiple phone and fax lines--was hampering the ability of fire departments and EMS units to serve their communities. Given the wealth of information available and the greater amounts of first responder work conducted over the Internet, these basic office tools are essential to guarantee the safety and protection of our citizens. For instance, where this equipment is available, some first responder training is now being done over the Internet, saving departments time and money. Rural firehouses are probably the ones least likely to have an Internet-accessible computer and are also the least likely to be able to fund a longer trip to a fire school.
So, this legislation requires the Secretary of Homeland Security to assess the critical needs of a first responder unit, from personal safety equipment to office machines, and establishes a grant program to provide the basic equipment essential for carrying out the constantly expanding responsibilities of local first responders. The Secretary is to give emphasis to those departments most in need. These departments will often, but not always, be rural departments.
The other areas I cover in this bill are a bit of a departure from standard measures to increase funding and provide better equipment for first responders. They are, I believe, no less important to the goal of improving the safety and security of our towns and cities. Again, my conversations with people on the front lines--in this instance teachers and academic experts on homeland security and mental health--inspired these provisions.
Our communities have had to adjust to some new realities. Our schools find themselves thrust into a role in disaster preparedness and response that most educators never before considered. When I asked school personnel what was needed to improve the circumstance of schools in homeland security preparation, response, and mitigation efforts, I was surprised to hear their answer--mental health professionals in the schools and training for school staff in mental health issues. This bill works to address these community needs in two ways. First, in the unfortunate event that a school is the scene of a disaster, or is called upon to assist a community in response to a disaster elsewhere, this bill provides that community with a reimbursement mechanism for related expenses. Second, the bill creates a sustainable program to provide school-based mental health services to all students. I am convinced that having mental health professionals in schools to train students and faculty about disaster avoidance and preparation makes for safer, healthier schools and more stable communities.
Our institutions of higher learning are already contributing to homeland security. The Department of Homeland Security has a program of university-based research, and this legislation proposes to expand it with a new research grant program to supplement the surprising dearth of research that has been conducted on human factors in homeland security, including first responder group dynamics, citizens' response to disasters, and the human factors behind preparation efforts. We know that a primary goal of terrorists is to disrupt social systems, and this social disruption is often more devastating to a community then the attack itself. I have actively supported both basic and applied scientific research throughout my Senate career, and I believe science should guide policy. This research grant program will fund research on how terrorism and the threat of terrorism impacts the average citizen, how the inevitable societal disruption can be mitigated, and will help guide disaster planning and optimize the performance of first responder units and the systems designed to assist them.
Historically, some States have benefited more than others under traditional grant systems and in response to that situation, our leading science funding organizations have developed special programs to encourage the growth of research in under represented states. For example, the National Science Foundation designed the Experimental Program to Stimulate Competitive Research to support academic research and development across the nation and to counteract the trend that concentrated research expertise in a few states. This bill allows for a similar program to be developed within the Department of Homeland Security. Homeland security is regional and research and personnel expertise must be distributed around the country. Unfortunately, terrorist threats against the United States are not restricted to a single geographic area, terrorist group, or method of threat. Terrorism is possible in many parts of our country that have never had to prepare for, or respond to, such attacks. Addressing these threats requires regional and local expertise; thus the homeland security- related scientific and technological workforce and training must not be overly centralized.
Our country has worked extraordinarily hard to prepare for disaster. The Local Preparation Act is designed to assist these preparation efforts by guaranteeing adequate numbers of first responders, providing them with the training and protection they need, and improving the safety and security of our communities. Local preparation is the bedrock of our state-wide and national efforts. I firmly believe these goals will be achieved through the innovative programs contained in this bill. I want to thank Summit participants as well as the men and women who have taken time out of their busy schedules to help work through the best way to design these new programs. Also, I want to thank first responders, both volunteer and career. After all, they are the original inspiration for this bill.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, today, Senator DeWine and I are introducing legislation to give the Food and Drug Administration broad authority to regulate tobacco products for the protection of the public health.…
Mr. President, today, Senator DeWine and I are introducing legislation to give the Food and Drug Administration broad authority to regulate tobacco products for the protection of the public health. We cannot in good conscience allow the Federal agency most responsible for protecting the public health to remain powerless to deal with the enormous risks of tobacco, the most deadly of all consumer products.
This legislation is a fair and balanced approach to FDA regulation. It creates a new section in FDA jurisdiction for the regulation of tobacco products, with standards that allow for consideration of the unique issues raised by tobacco use. It is sensitive to the concerns of tobacco farmers, small businesses, and nicotine-dependent smokers. But, it clearly gives FDA the authority it needs in order to prevent youth smoking and to reduce addiction to this highly lethal product.
The stakes are vast. Five thousand children have their first cigarette every day, and two thousand of them become daily smokers. Nearly a thousand of them will die prematurely from tobacco-induced diseases. Smoking is the number one preventable cause of death in the Nation today. Cigarettes kill well over 400,000 Americans each year. That is more lives lost than from automobile accidents, alcohol abuse, illegal drugs, AIDS, murder, suicide, and fires combined. Our response to a public health problem of this magnitude must consist of more than half-way measures.
We must deal firmly with tobacco company marketing practices that target children and mislead the public. The Food and Drug Administration needs broad authority to regulate the sale, distribution, and advertising of cigarettes and smokeless tobacco.
The tobacco industry currently spends over $9 billion a year to promote its products. Much of that money is spent in ways designed to tempt children to start smoking, before they are mature enough to appreciate the enormity of the health risk. The industry knows that more than 90 percent of smokers begin as children and are addicted by the time they reach adulthood.
Documents obtained from tobacco companies prove, in the companies' own words, the magnitude of the industry's efforts to trap children into dependency on their deadly product. Recent studies by the Institute of Medicine and the Centers for Disease Control show the substantial role of industry advertising in decisions by young people to use tobacco products.
If we are serious about reducing youth smoking, FDA must have the power to prevent industry advertising
designed to appeal to children wherever it will be seen by children. This legislation will give FDA the ability to stop tobacco advertising which glamorizes smoking from appearing where it will be seen by significant numbers of children. It grants FDA full authority to regulate tobacco advertising ``consistent with and to the full extent permitted by the First Amendment.''
FDA authority must also extend to the sale of tobacco products. Nearly every State makes it illegal to sell cigarettes to children under 18, but surveys show that those laws are rarely enforced and frequently violated. FDA must have the power to limit the sale of cigarettes to face-to-face transactions in which the age of the purchaser can be verified by identification. This means an end to self- service displays and vending machine sales. There must also be serious enforcement efforts with real penalties for those caught selling tobacco products to children. This is the only way to ensure that children under 18 are not able to buy cigarettes.
The FDA conducted the longest rulemaking proceeding in its history, studying which regulations would most effectively reduce the number of children who smoke. Seven hundred thousand public comments were received in the course of that rulemaking. At the conclusion of its proceeding, the Agency promulgated rules on the manner in which cigarettes are advertised and sold. Due to litigation, most of those regulations were never implemented. If we are serious about curbing youth smoking as much as possible, as soon as possible; it makes no sense to require FDA to reinvent the wheel by conducting a new multi- year rulemaking process on the same issues. This legislation will give the youth access and advertising restrictions already developed by FDA the immediate force of law, as if they had been issued under the new statute.
The legislation also provides for stronger warnings on all cigarette and smokeless tobacco packages, and in all print advertisements. These warnings will be more explicit in their description of the medical problems which can result from tobacco use. The FDA is given the authority to change the text of these warning labels periodically, to keep their impact strong.
Nicotine in cigarettes is highly addictive. Medical experts say that it is as addictive as heroin or cocaine. Yet for decades, tobacco companies have vehemently denied the addictiveness of their products. No one can forget the parade of tobacco executives who testified under oath before Congress that smoking cigarettes is not addictive. Overwhelming evidence in industry documents obtained through the discovery process proves that the companies not only knew of this addictiveness for decades, but actually relied on it as the basis for their marketing strategy. As we now know, cigarette manufacturers chemically manipulated the nicotine in their products to make it even more addictive.
The tobacco industry has a long, dishonorable history of providing misleading information about the health consequences of smoking. These companies have repeatedly sought to characterize their products as far less hazardous than they are. They made minor innovations in product design seem far more significant for the health of the user than they actually were. It is essential that FDA have clear and unambiguous authority to prevent such misrepresentations in the future. The largest disinformation campaign in the history of the corporate world must end.
Given the addictiveness of tobacco products, it is essential that the FDA regulate them for the protection of the public health. Over forty million Americans are currently addicted to cigarettes. No responsible public health official believes that cigarettes should be banned. A ban would leave forty million people without a way to satisfy their drug dependency. FDA should be able to take the necessary steps to help addicted smokers overcome their addiction, and to make the product less toxic for smokers who are unable or unwilling to stop. To do so, FDA must have the authority to reduce or remove hazardous ingredients from cigarettes, to the extent that it becomes scientifically feasible. The inherent risk in smoking should not be unnecessarily compounded.
Recent statements by several tobacco companies make clear that they plan to develop what they characterize as ``reduced risk'' cigarettes. This legislation will require manufacturers to submit such ``reduced risk'' products to the FDA for analysis before they can be marketed. No health-related claims will be permitted until they have been verified to the FDA's satisfaction. These safeguards are essential to prevent deceptive industry marketing campaigns, which could lull the public into a false sense of health safety.
Smoking is the number one preventable cause of death in America. Congress must vest FDA not only with the responsibility for regulating tobacco products, but with full authority to do the job effectively.
This legislation will give the FDA the legal authority it needs--to reduce youth smoking by preventing tobacco advertising which targets children--to prevent the sale of tobacco products to minors--to help smokers overcome their addiction--to make tobacco products less toxic for those who continue to use them--and to prevent the tobacco industry from misleading the public about the dangers of smoking.
We believe that there is an excellent chance of enacting this bill this year. The interest of tobacco-state members in passing a tobacco farmers' quota buyout provides a golden opportunity. By joining a strong FDA bill with relief for tobacco farmers, we can assemble a broad, bipartisan coalition to accomplish both of these goals during this session. This approach is supported by the public health community and by farmers' organizations. Most importantly, it is the right thing to do for America's children.
Mr. President, today, I join my colleagues, Senators Harkin, Durbin, Talent, Grassley, Coleman, Fitzgerald and Pryor to introduce bipartisan legislation to provide transportation efficiency and…
Mr. President, today, I join my colleagues, Senators Harkin, Durbin, Talent, Grassley, Coleman, Fitzgerald and Pryor to introduce bipartisan legislation to provide transportation efficiency and environmental sustainability on the Mississippi and Illinois Rivers.
As the world becomes more competitive, we must also. In the heartland, the efficiency, reliability, capacity, and safety of our transportation options are critical--often make-or-break. As we look 50 years into the future, and as we anticipate and try to promote commercial and economic growth, we have to ask ourselves a fundamental question: should we have a system that permits and promotes growth, or should we be satisfied to restrict our growth to the confines of a transportation straight jacket designed not for 2050, but for 1980?
Further, we must ask ourselves if dramatic investments should be made to address environmental problems and opportunities that exist on these great waterways.
In both cases, the answer is, ``Of course we should modernize and improve.''
We have a system which is in environmental and economic decline. Jobs and markets and the availability of habitat for fish and wildlife are at stake.
We cannot be for increased trade, commercial growth, and job creation without supporting the basic transportation infrastructure necessary to move goods from buyers to sellers. New efficiency helps give our producers an edge that can make or break opportunities in the international marketplace.
Seventy years ago, some argued that a transportation system on the Mississippi River was not justified. Congress decided that its role was not to try to predict the future but to shape the future and decided to invest in a system despite the naysayers. Over 80 million tons per year later, it is clear that the decision was wise.
Now, that system that was designed for paddlewheel boats and to last 50 years is nearly 70 years old and we must make decisions that will shape the next 50-70 years. As we look ahead, we must promote growth policies that help Americans who produce and employ.
We must work for policies that promote economic growth, job creation, and environmental sustainability. We know that trade and economic growth can be fostered or it can be discouraged by policies and other realities which include the quality of our transportation infrastructure.
So in 20 and 30 and 40 and 50 years, where will the growth in transportation occur to accommodate the growth in demand for commercial shipping? The Department of Transportation suggests that congestion on our roads and rails will double in the next quarter century. The fact of the matter is that the great untapped capacity is on our water.
This is good news because water transportation is efficient, it is safe, it conserves fuel, and it protects the air and the environment. One medium-sized barge tow can carry the freight of 870 trucks. That fact alone speaks volumes to the benefits of water. If we can, would we rather have 870 diesel engines on the roads of downtown St. Louis, or two diesel engines on the water watching the traffic buildup and smog glide by?
The veteran Chief Economist at USDA testified that transportation efficiency and the ability of farmers to win markets at higher prices are ``fundamentally related.'' He predicts that corn exports over the next 10 years will rise 45 percent, 70 percent of which will travel down the Mississippi.
Over the past 35 years, waterborne commerce on the Upper Mississippi River has more than tripled. The system currently carries 60 percent of our Nation's corn exports and 45 percent of our Nation's soybean exports and it does so at two-thirds the cost of rail--when rail is available.
Over the previous 11 years, the U.S. Army Corps of Engineers have spent $70 million doing a six year study. During that period, there have been 35 meetings of the Governors Liaison Committee, 28 meetings on the Economic Coordinating Committee, among the States along the Upper Mississippi and Illinois waterways, and there have been 44 meetings of the Navigation and Environmental Coordination Committee. Additionally, there have been 130 briefings for special interest groups, 24 newsletters. There have been six sets of public meetings in 46 locations with over 4,000 people in attendance. To say the least, this has been a very long, very transparent, and very representative process.
However, while we have been studying, our competitors have been building. Given the extraordinary delay so far, and given the reality that large scale construction takes not weeks or months, but decades, further delay is no longer an option.
This is why I am leased to be joined by a bipartisan group of Senators who agree that we must improve the efficiency and the environmental sustainability of our great resources. Today, we introduce legislation to adopt the initial recommendations of the Corps of Engineers and their public and private partners to increase the lock capacity on the Upper Mississippi and Illinois Rivers and the begin an ambitious program of ecosystem restoration.
This plan gets the Corps back in the business of building the future, rather than just haggling about predicting the future. More will need to be done later on ecosystem and lock expansions further upstream, but this begins the improvement schedule underway.
In this legislation, we authorize $1.46 billion for ecosystem restoration--two times the federal share of lock capacity expansion which we authorize on locks 20-25 on the Mississippi River and Peoria and LaGrange on the Illinois. The new 1,200 foot locks on the Mississippi River will provide equal capacity in the bottleneck region below the 1,200 foot lock 19 at Keokuk above locks 26 and 27 near St. Louis. Half the cost of the new locks will be paid for by private users who pay into the Inland Waterways Trust fund. Additional funds will be provided for mitigation and small scale and nonstructural measures to improve efficiency.
As we look ahead, the locks at 14-18 will have to be addressed as will further investments to ecosystem restoration efforts.
This effort is supported by a broad-based group of the States, farm groups, shippers, labor, and those who pay taxes into the Trust Fund for improvements.
I thank my colleagues for their work together on this bipartisan effort.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to express my deep concern about an issue that illustrates the continuing erosion of Americans' privacy rights. My concern is related to the practice of outsourcing. When…
Mr. President, I rise today to express my deep concern about an issue that illustrates the continuing erosion of Americans' privacy rights. My concern is related to the practice of outsourcing. When U.S. companies outsource sensitive customer information for processing overseas, they may be outsourcing our privacy rights along with it.
We all know that recently it has become popular for American companies to send internal paperwork to be done in other countries, by foreign companies.
When a U.S. company allows a foreign company to process customer data, the foreign company may be given access to the most sensitive types of customer information. Our health records, bank account numbers, social security numbers, tax forms, and credit card numbers are now being
shipped abroad--without the knowledge of the customer and beyond the reach of U.S. privacy laws.
This phenomenon means that consumers are almost powerless to stop foreign scam artists from misusing their sensitive information. What types of abuses can occur under this scenario?
In one recent shocking example, a U.S. hospital hired a medical transcriber in Pakistan through a subcontractor to work with sensitive patient health information. Later, the foreign worker claimed that she had not been paid for her work.
So, you know what she did? She threatened to post patients' medical records online unless she was paid. Luckily, she got her paycheck and doesn't seem to have posted anything online.
But this situation shows us the potential for gross violations of consumer privacy. The U.S. hospital said that it never even knew that the foreign transcriber had been hired through a subcontractor and it therefore had never bound her contractually to follow any privacy or security standards.
Another potential abuse of offshoring sensitive customer data is identity theft. The illegal theft of someone's identity is a profoundly disturbing and costly problem in this information age.
Moreover, illegal misuse of sensitive information also can have national security implications. For example, data about some of our Nation's power grids allegedly has been outsourced to companies overseas. Imagine the harm that terrorists might do if they got hold of that type of confidential information.
As our global economy expands at such a rapid pace, we simply cannot tolerate the outsourcing of American's privacy rights overseas. We need to be proactive on this potentially explosive issue. Make no mistake, the Pakistani transcriber incident is not the first or the last time that sensitive customer information becomes endangered in a foreign country. The time to act is now, instead of reacting only after our privacy rights are further eroded.
In light of these circumstances, today I am introducing a bill-- along with Senator Feinstein--that begins to address these privacy and security concerns. The bill is called the INFO Act, which is short for The Increasing Notice of Foreign Outsourcing Act.
The INFO Act is designed to help ensure that sensitive consumer information is protected and that U.S. companies can be held accountable for breakdowns in the security of customer information.
Specifically, the INFO Act that we are introducing today would require the following things: First, U.S. companies in the health care industry and the financial industry must tell their customers that their sensitive health information and financial information is being processed by companies in foreign nations, where privacy safeguards may be less stringent.
Second, U.S. companies in the health care industry and the financial industry must promise their customers that they are complying with U.S. privacy laws, which are designed to keep sensitive customer information secure even when it is outsourced.
Third, U.S. companies in the health care industry and financial industry must make sure that each foreign company that is handling sensitive customer information has agreed by contract to meet U.S. privacy standards and to keep sensitive customer information secure.
Fourth, U.S. companies may examine the business operations of the foreign company to make sure the foreign company is meeting privacy standards and is keeping sensitive customer information secure.
Fifth, a foreign company must notify the U.S company of any data security breach. The U.S. company must then notify the U.S. regulatory agency, which can then hold the U.S. company accountable for the actions of the foreign company.
Finally, an employee of a foreign call center must tell a U.S. customer where the employee is located, if the U.S. customer asks for this information.
I strongly believe that we need to act now, before the privacy issues raised by offshoring begin to explode.
Let me emphasize that I see this bill as both pro-consumer and pro- business. Consumers will be informed about how their sensitive information is handled and they can learn when security breaches occur. Additionally, foreign companies that handle customer data will be held accountable to the U.S. company that gives them their work. And U.S. companies will be upfront in informing their customers about offshoring sensitive data before customer backlash occurs.
With this sort of system in place, we hopefully can reduce the chances of customer data being misused, and allow U.S. companies to play on a level playing field where all interested parties know the rules of the game.
I have a history of trying to solve consumer issues in ways that are not needlessly burdensome to U.S. businesses. That is why my office, as well as Senator Feinstein's office, has met several times with industry representatives during the development of this bill.
I was interested to find ways for businesses to protect consumer privacy rights without having to sharply raise prices or limit products and services. I believe that the INFO Act has achieved those goals.
Consumer privacy has always been one of my top priorities. Now, as always, I look forward to working with all interested parties to resolve this consumer privacy issue in a timely and effective manner.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to join my esteemed colleague from the State of Virginia, Senator Warner, in introducing The 21st Century Pell Grant Plus Act. This bill is intended to provide an…
Mr. President, I rise today to join my esteemed colleague from the State of Virginia, Senator Warner, in introducing The 21st Century Pell Grant Plus Act. This bill is intended to provide an immediate and direct response to the urgent need in this country to encourage greater numbers of graduates in the critical areas of math and science and foreign language. Specifically, our bill would provide financial incentives to American college students, via enhanced Pell grants, to pursue degrees in science, engineering, mathematics, and key foreign languages. These subject areas are critical for meeting our nation's economic and homeland security needs.
Although the number of jobs requiring scientific and technical skills is projected to grow over the next decade, the last ten years have witnessed a significant decline in the number of relevant baccalaureate degrees awarded by U.S. institutions of higher education. Recent reports have highlighted the decline in science and engineering graduates in our country, which has threatened the United States' worldwide dominance in science and innovation. Foreign advances in basic science now often exceed those in the United States. To exacerbate the matter, future demographics signal that many of the presently employed engineers and scientists who entered the workforce in the 1960s and 1970s will retire during the next decade. Unfortunately, their children are not following them into the same professions.
Many of our competitors in the world market are not experiencing these same problems. The universities in some European and Asian countries are attracting science and engineering majors at much higher rates than the universities in the United States. For example, China graduated three times as many engineering graduates than the United States did in 1999. In 2000, there were 24 nations who awarded a higher percentage of science and engineering degrees than the United States did. In that same year, the percentage of students earning science degrees in Finland was 2.5 times higher than in the United States. Graduate education trends are no better. According to National Science Foundation indicators,
between 1986 and 1999, China produced science and engineering doctorates at an average annual growth rate of 36.5 percent. By comparison, the United States had an average annual growth rate of just 2.2 percent during the same period. We must also keep in mind that of all the science and engineering doctoral degrees earned in the United States in 1999, 48.6 percent of them were earned by non-U.S. citizens.
I noted in my recent offshore outsourcing study, now posted on my website, that as global competition for technical talent intensifies, our economic security depends on producing U.S.-born science and engineering graduates. Not being able to fill the jobs in this country with U.S. citizens is also a threat to our national security. Thus, it is imperative that our higher education system, which is the best in the world, train more individuals in science and technology.
Our bill provides a simple and efficient solution to this problem. Under our proposal, any student who qualifies for a Pell Grant and majors in science, engineering, mathematics, or certain foreign languages would be eligible to receive a grant that is double the size of the original award. Every two years the Secretary of Education, in consultation with the Secretaries of Defense and Homeland Security, and the director of the National Science Foundation will develop a list of engineering, mathematics, science, and foreign language majors, degrees, certificates, or programs that if pursued by a student, may enable that student to receive the increased Federal Pell Grant amount.
Science, engineering, technology, and innovation are key to our economic growth, prosperity, and security. The 21st Century Federal Pell Grant Plus Act aims to strengthen our technical workforce, and thus our economic and homeland security, by encouraging more of our college students to study science, engineering, mathematics, and foreign languages. I urge my colleagues to act favorably on this measure.
I would also like to take this opportunity to pay tribute to a man who some have appropriately described as a true gentleman as well as an outstanding leader in engineering and science. Dr. John H. Hopps died on May 14, 2004 at 65 years of age. He has advised my office on our nation's science talent issues for the past three years, and I want to dedicate today's new bill to him. At the time of his death, he was serving as Deputy Under Secretary of Defense for Research and National Laboratories, and Deputy Director of Defense Research and Engineering. He accepted this dual position out of a strong sense of national service after the September 11 attack. The science community has lost a member who has served as an inspiration to many, including members of my staff, for his commitment to his profession and his unique approaches to developing our technical workforce. Among his many achievements, including many in University education and at NSF, I would note that Dr. Hopps was the author of numerous scholarly and scientific papers, and was recognized as one of the top African Americans in Technology in 2004. I might also mention that in addition to his intellectual prowess, he was passionate about athletics--a winning combination. As we introduce this bill to highlight the importance of this profession, I thought it was appropriate to recognize Dr. Hopps, and thank my colleagues for this opportunity.
Mr. President, I would like to discuss legislation I am introducing that would protect ginseng farmers and consumers by ensuring that ginseng sold at retail discloses where the root was harvested.…
Mr. President, I would like to discuss legislation I am introducing that would protect ginseng farmers and consumers by ensuring that ginseng sold at retail discloses where the root was harvested. The ``Ginseng Harvest Labeling Act of 2004'' is similar to a bill that I introduced in the last Congress, but it has been further strengthened based on suggestions I received from ginseng growers and the Ginseng Board of Wisconsin.
I would like to take the opportunity to discuss American ginseng and the problems facing Wisconsin's ginseng growers so that my colleagues recognize the need for this legislation. Chinese and Native American cultures have used ginseng for thousands of years for herbal and medicinal purposes. As a dietary supplement, American ginseng is widely touted for its ability to improve energy and vitality, particularly in fighting fatigue or stress.
In the U.S., ginseng is experiencing increasing popularity as a dietary supplement, and I am proud to say that my home State of Wisconsin is playing a central role in ginseng's resurgence. Wisconsin produces 97 percent of the ginseng grown in the United States, and 85 percent of the country's ginseng is grown in just one Wisconsin county, Marathon County. Ginseng is also grown in a number of other States such as Maine, Maryland, New York, North Carolina, Oregon, South Carolina, and West Virginia.
For Wisconsin, ginseng has been an economic boon. Wisconsin ginseng commands a premium price in world markets because it is of the highest quality and because it has a low pesticide and chemical content. In 2002, U.S. exports of ginseng totaled nearly $45 million, much of which was grown in Wisconsin. With a huge market for this high-quality ginseng overseas, and growing popularity for the ancient root here at home, Wisconsin's ginseng industry should have a prosperous future ahead.
Unfortunately, the outlook for ginseng farmers is marred by a serious problem--smuggled and mislabeled ginseng. Wisconsin ginseng is considered so superior to ginseng grown abroad that smugglers will go to great lengths to label ginseng grown in Canada or Asia as ``Wisconsin-grown.''
Here's how the switch takes place: Wisconsin ginseng is shipped to China to be sorted into various grades. While the sorting process is itself a legitimate part of distributing ginseng, smugglers often use it as a ruse to switch Wisconsin ginseng with Asian- or Canadian-grown ginseng considered inferior by consumers. The lower quality ginseng is then shipped back to the U.S. for sale to American consumers who think they are buying the Wisconsin-grown product.
For consumers concerned with purchasing ginseng grown in the U.S., there is no accurate way of testing ginseng to determine where it was grown, other than testing for pesticides that are banned in the United States. The Ginseng Board of Wisconsin has been testing some ginseng found on store shelves, and in many of the products, residues of chemicals such as DDT, lead, arsenic, and quintozine (PCNB) have been detected. Since the majority of ginseng sold in the U.S. originates from countries with less stringent pesticide standards, it is vitally important that consumers know which ginseng is really grown in the U.S.
To capitalize on their product's preeminence, the Ginseng Board of Wisconsin has developed a voluntary labeling program, stating that the ginseng is ``Grown in Wisconsin, U.S.A.'' However, Wisconsin ginseng is so valuable that counterfeit labels and ginseng smuggling have become widespread around the world. As a result, consumers have no way of knowing the most basic information about the ginseng they purchase-- where it was grown, what quality or grade it is, or whether it contains dangerous pesticides.
My legislation, the Ginseng Harvest Labeling Act of 2004, proposes some common sense steps to address some of the challenges facing the ginseng industry. My legislation requires that ginseng, as a raw agricultural commodity, be sold at retail with a label clearly indicating the country that the ginseng was harvested in. `Harvest' is important because some Canadian and Chinese growers have ginseng plants that originated in the U.S., but because these plants were cultivated in the foreign country, they may have been treated with chemicals not allowed for use in the U.S. This label would also allow buyers of ginseng to more easily prevent foreign companies from mixing foreign- produced ginseng with ginseng harvested in the U.S. The country of harvest labeling is a simple but effective way to enable consumers to make an informed decision.
We must give ginseng growers the support they deserve by implementing these commonsense reforms that also help consumers make informed choices about the ginseng that they consume. We must ensure that when ginseng consumers reach for a high-quality ginseng product--such as Wisconsin-grown ginseng--they are getting the real thing, not a knock- off.
I ask unanimous consent that the full text of my bill, the Ginseng Harvest Labeling Act of 2004, be printed in the Record.
Mr. President, I rise to discuss a bipartisan measure on which I have worked closely with my colleague from Missouri, Senator Bond. The purpose of this bill is to expand the transportation…
Mr. President, I rise to discuss a bipartisan measure on which I have worked closely with my colleague from Missouri, Senator Bond. The purpose of this bill is to expand the transportation infrastructure and improve the ecosystem of the upper Mississippi River.
I have been deeply involved with Mississippi navigation issues because of their enormous importance to farmers in Iowa. Efficient river transportation is critical to keeping Iowa commodity costs competitive with foreign and domestic alternatives. When shipping on the river is constrained, costs rise. That, in turn, leads to price increases for moving bulk farm commodities by alternative means, mainly rail. These price differentials seem relatively small compared to the total price, but they make a huge difference in farm income.
Clearly, river traffic on the Mississippi is incredibly important to producers in my State. As a result of traffic congestion on the Mississippi, producers in the upper Midwest face longer shipping times, higher costs, and lost revenue. In the short run, enhanced traffic management can improve the situation. And it is important to have helper boats to push long barges through crowded locks. This bill addresses these two matters. But we need a longer-term solution, too. It is incredibly important that we modernize a number of the locks on the upper Mississippi--and we need to get started as soon as possible.
Existing law requires exhaustive analysis of river-use levels looking decades into the future. The studies required for such predictions are, by their very nature, highly speculative at best. There is no shortage of critics of the U.S. Army Corps of Engineers and its methods. But we can all agree that, to remain competitive, America needs to keep the arteries and veins of America's river transportation system in smooth running order. Last year, I visited Brazil and saw first-hand their remarkable efforts to modernize and improve their river transportation system. We need to keep up with countries like Brazil, if we are going to remain competitive. We simply cannot wait any longer to authorize construction of 1,200-foot locks so barge tows can move through the upper Mississippi and Illinois without being split.
However, this is not an easy issue. Over the years, I have heard time and time again from constituents and national leaders who are concerned about the environment, as I am. People correctly insist that we maintain a balance between navigation, flood control, and environmental protection. Habitat for many species, and the Mississippi river ecosystem as a whole, has deteriorated since the construction of the original lock system in the 1930's.
The Mississippi River is home to a wide variety of fish and birds, as well as other wildlife. All of this wildlife, and the abundant plant life, too, are important to the character and life of the Mississippi River. Approximately 40 percent of North America's waterfowl and shorebirds use the Mississippi Flyway. Parts of the Upper Mississippi River serve could well be the most important area for migrating diving ducks in the United States. The Mississippi River also serves as habitat for breeding and wintering birds, including the bald eagle.
We are all aware of the problems that have plagued the Corps' past work on the Mississippi River. But the Corps has pledged to dramatically step up its emphasis on environmental protection. We need to work with the Corps to ensure that all updates and renovations of locks and dams are done with keen concern for the environment and for the fish and wildlife that depend on the Mississippi River habitat. At the same time, we need to give the Corps the authorization and funding it needs to accomplish real ecosystem restoration, and not just make up for the lost habitat of specific identified species. The legislation we are proposing accomplishes this.
We understand that this bill is going to be a challenge in these difficult budget times. But to not act would be penny wise and pound foolish. We need to be thinking of the long-term economic health of our agricultural producers and shippers, hand in hand with the long-term health of the diverse ecosystems in the river. I believe the legislation we are proposing strikes a careful balance. I look forward to working closely with my colleagues to achieve those goals.
Mr. President, I rise today to introduce the bipartisan Unborn Child Pain Awareness Act, and I am joined by 22 original cosponsors. Unborn children can experience pain, and they can certainly respond…
Mr. President, I rise today to introduce the bipartisan Unborn Child Pain Awareness Act, and I am joined by 22 original cosponsors.
Unborn children can experience pain, and they can certainly respond to touch from outside the womb. Any woman who has been blessed with carrying a baby in the second trimester can tell you this.
I remember my own children kicking and squirming inside of my wife's womb. And my wife certainly remembers feeling their kicks. That unborn child is very much alive. All along, women have been able to feel the child inside of them, but now, science is telling us what the child inside of his or her mother can feel.
Many among us are unaware of the scientific, medical fact that unborn children can feel, but it is true. Not only can they feel, but their ability to experience pain is heightened. The highest density of pain receptors per square inch of skin in human development occurs in utero from 20 to 30 weeks gestation.
An expert report on fetal development, prepared for the Partial Birth Abortion Ban trials, notes that while unborn children are obviously incapable of verbal expressions, we know that they can experience pain based upon anatomical, functional, physiological and behavioral indicators that are correlated with pain in children and adults.
Unborn children can experience pain. This is why unborn children are often administered anesthesia during in utero surgeries.
Think about the pain that unborn children can experience, and then think about the more gruesome abortion procedures. Of course, we have heard about Partial Birth Abortion, but also consider the D&E abortion. During this procedure, commonly performed after 20-weeks--when there is medical evidence that the child can experience severe pain--the child is torn apart limb from limb. Think about how that must feel to a young human.
We would never allow a dog to be treated this way. Yet, the creature we are talking about is a young, unborn child.
Fortunately, the issue of pain experienced by unborn children has been covered by the news media during the ongoing Partial Birth Abortion Ban trials. Take for instance an April 7, 2004 Associated Press news article covering the trials. And I quote: ``A type of abortion banned under a new federal law would cause `severe and excruciating' pain to 20-week-old fetuses, a medical expert testified yesterday . . . `I believe the fetus is conscious,' said Dr. Kanwaljeet `Sonny' Anand, a pediatrician at the University of Arkansas for Medical Sciences . . . said yesterday that fetuses show increased heart rate, blood flow, and hormone levels in response to pain. `The physiological responses have been very clearly studied,' he said. `The fetus cannot talk . . . so this is the best evidence we can get.''
Today I introduce a bill that would require those who perform abortions on unborn children 20 weeks after fertilization to inform the woman seeking an abortion of the medical evidence that the unborn child feels pain: (a.) Through a verbal statement given by the abortion provider, and also (b.) by providing a brochure--developed by the Department of Health and Human Services--that goes into more detail than the verbal statement on the medical evidence of pain experienced by an unborn child 20 weeks after fertilization.
The bill would also ensure that the woman, if she chooses to continue with
the abortion procedure after being given the medical information, has the option of choosing anesthesia for the child, so that the unborn child's pain is less severe.
Women should not be kept in the dark; women have the right to know what their unborn child experiences during an abortion. After being presented with the medical and scientific information on the development of the unborn child 20 weeks after fertilization, the woman is more aware of the pain experienced by the child during an abortion procedure, and able--at the very least--to make an informed decision. It is simply not fair to keep women in the dark.
Unborn children do not have a voice, but they are young members of the human family. It is time to look at the unborn child, and recognize that it is really a young human, who can feel pain and should be treated with care.
I urge my colleagues to support and pass this important piece of legislation.
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Mr. President, I rise today on behalf of myself and Senator Ensign to introduce the Nevada Mining Townsite Conveyance Act, which will address an important public land issue in rural Nevada. As you…
Mr. President, I rise today on behalf of myself and Senator Ensign to introduce the Nevada Mining Townsite Conveyance Act, which will address an important public land issue in rural Nevada. As you may know, the Federal Government controls over 87 percent of the State of Nevada. That's more than 61 million acres of land. This fact makes it necessary for our State and our communities to pursue Federal remedies for problems that in other States can be handled in a much more expeditious manner. With this in mind, Senator Ensign and I look forward to working with our colleagues to pass this common-sense legislation in a bipartisan and timely fashion.
Two rural counties in Nevada have asked for our help in settling longstanding trespass issues that hurt 2 historic mining communities. The towns of Ione and Gold Point have been continuously occupied for over 100 years. Many residents live on land that their families have ostensibly owned for many decades. These citizens have paid their property taxes and made improvements to their properties, rehabilitated historic structures and built new ones.
The documents by which many of these people claim possession of the properties date back many years. In fact, some of the deeds are historic documents themselves. Yet because many of these documents do not satisfy modern requirements for demonstrating land title, they have been deemed invalid. In other words, the Bureau of Land Management has determined that some of the residents of Ione and Gold Point are trespassing on Federal land. This unfortunate situation puts the BLM at odds with the local residents and county governments.
Nye County, Esmeralda County, and the BLM have worked together for almost 10 years to come up with a solution to this problem. All of these parties support the legislation that we offer today as a solution to these land ownerships conflicts, and as a means of promoting responsible resource management. All of the land included in our bill has been identified by the BLM for disposal.
Our legislation represents the first of a two-part solution. Under this bill, specified lands within the historic mining townsites of Ione and Gold Point would be conveyed to the respective counties. Under the provisions of a State law passed several years ago in Nevada, the counties will then re-convey the land to these people or entities who can demonstrate ownership or longstanding occupancy of specific land parcels.
The sum of our bill is that it conveys for no consideration approximately 760 acres in Ione and Gold Point to the counties of Nye and Esmeralda. As a condition of the conveyance, all historic and cultural resources contained in the townsites shall be preserved and protected under applicable Federal and State law. These conveyances will benefit the agencies that manage Nevada's
vast Federal lands as well as the proud citizens of our rural communities. We sincerely hope that our colleagues will support this legislation. It is a practical solution that deserves swift passage. We salute the Bureau of Land Management, the counties, and the local residents for their cooperation and hard work in crafting this excellent compromise.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to as a cosponsor of legislation to modernize our aging waterways infrastructure on the Upper Mississippi River and the Illinois River. I am glad to join my colleague from…
Mr. President, I rise today to as a cosponsor of legislation to modernize our aging waterways infrastructure on the Upper Mississippi River and the Illinois River.
I am glad to join my colleague from Missouri, Senator Bond as well as Senators Harkin and Grassley in introducing a bill to upgrade and modernize the failing infrastructure on the Upper Mississippi and Illinois Rivers.
This $2.9 billion authorization will also bring great benefits to the fish habitat along the river through construction of fish passages, floodplain restoration and side channel restoration. I commend Senators Bond and Harkin for working to find some balance in this important issue. I have always said, navigation and habitat restoration do not have to be mutually exclusive.
The locks and dams that are in place today are vital to our national economy. These national waterways serve as our competitive advantage to our overseas competitors, and this a clean and efficient way to move goods and commodities for export. The Upper Mississippi River and Illinois Waterway carry approximately 60 percent of the country's corn exports and 45 percent of our soybean exports, providing a significant positive balance of trade benefit for the Nation. Over half of the Soybeans produced in Missiouri head down the Mississippi River to the Gulf where they are shipped to markets overseas.
To me, this issue is a question of common sense. Water transportation is safe, clean and efficient. One medium barge tow can carry the same freight as 870 tractor trailer trucks. This relieves highway congestion, reduces shipping costs, and reduces fuels consumption and air emissions. Despite this, we'll still have opponents to this bill saying that it isn't good for the environment.
This bill is a win-win. It will take steps to reduce some of the burdens on our transportation systems, as well as providing more opportunities for our agricultural producers to export their products.
These locks are old and outdated. The current 600-foot lock system was designed for streamboats, at a time when 4 million tons moved on the Mississippi River and a total of 2 billion bushels of corn were produced nationally, compared to today, when 100 million to 120 million tons are shipped and the national production of corn exceeds 10 million bushels. We need to bring these locks into the 21st Century.
If we don't fix this aging infrastructure now, it will only become more costly. If I get a hole in the roof of my house, my wife and I may discuss how to fix it, but we know we will make the repair. If you don't make the repairs and upgrades, the problem only gets worse. That is what we have done to the locks and dams on the Mississippi River. I don't want this to be a situation where the roof actually falls in--we must modernize the system.
I commend my colleague from Missouri and his leadership on this issue. This is a good bill and I am happy to join him as a cosponsor. I look forward to continuing to work with him on this important issue.
Mr. President, today the Washington Post reported that the United States Department of Agriculture secretly allowed American meatpackers to resume imports of ground and processed beef from Canada…
Mr. President, today the Washington Post reported that the United States Department of Agriculture secretly allowed American meatpackers to resume imports of ground and processed beef from Canada last September, just weeks after Secretary Veneman publicly reaffirmed the Department's ban on such importation as a result of mad cow disease being found in Canadian-born cattle.
The article states that a total of 33 million pounds of Canadian processed beef came into the United States and went straight to American consumers under a series of undisclosed permits USDA issued to the meatpackers.
This is how today's article describes Secretary Veneman's public position last August:
She and her top deputies said ground beef imports would
resume only after the agency completed a formal rulemaking
process, with public debate.
There was no public debate. Instead, there were undisclosed permits allowing banned Canadian beef in the United States.
Not only am I extremely concerned that the Department of Agriculture deceived American consumers by allowing the import of Canadian beef that was previously banned, but I am also disappointed that the Bush administration is actually working to prevent American consumers from knowing where the food they buy comes from.
That is why I am introducing a bill today that will require USDA to implement country-of-origin labeling on schedule this September. That was the date agreed upon in the Farm Bill which the President signed into law in 2002.
Unfortunately, at the urging of the Bush administration and the large meatpackers--most likely the same people who urged USDA to issue permits to allow the importation of banned Canadian meat products-- Republican leaders in Congress inserted language into last year's omnibus appropriations bill in the dead of night delaying implementation of country-of-origin labeling for 2 years until September 2006.
The bill I am introducing today is what the Senate has voted to do several times: Inform consumers about the origin of their food.
Over 80 percent of American consumers have said they want to know the country of origin of their food, and over 170 groups representing over 50 million Americans support mandatory food labeling.
We must not allow anyone who may represent special interests, anyone who now abrogates the spirit as well as the letter of the law to choose big business interests over the interests of the average American family. We must ensure consumer confidence, particularly now in light of recent developments. We would have not had the situation of 33 million pounds of banned beef entering the United States if it couldn't have been properly labeled.
This legislation is long overdue. It is time that it become the law of the land.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today with Senator Bond in support of a bill to put into place recommendations by the Army Corps of Engineers for navigation capacity improvements and ecosystem restoration for…
Mr. President, I rise today with Senator Bond in support of a bill to put into place recommendations by the Army Corps of Engineers for navigation capacity improvements and ecosystem restoration for the Upper Mississippi and Illinois Rivers Waterway System.
Modernizing the inland waterway transportation system is a high priority for the Upper Mississippi River basin and for agricultural, commercial, and labor interests that rely on the river to transport their products. Without modernization, Midwest producers will not be able to fully participate in growing world markets.
On April 29, 2004, the Army Corps of Engineers released its proposal to upgrade the locks and to provide for ecosystem restoration on these two waterways. I have consistently fought for funding to revitalize these locks to help Illinois producers more easily transport their products to market. I have joined Senator Bond as a cosponsor to this bill because our country's agriculture and business interests have waited far too long for these improvements.
The Mississippi River plays a vital role in our economy. The Mississippi and Illinois Rivers are two of the major routes by which Illinois agricultural commodities are distributed to the world. In fact, roughly 70 percent of U.S. agricultural products are transported through the Mississippi River system. More than 60 million tons of commodities are transported on the Illinois River alone, including more than half of Illinois' annual corn crop.
By controlling the water's flow, locks and dams help facilitate the transportation of commodities along rivers. The outdated and deteriorating 600-foot locks on the Mississippi and Illinois Rivers create unnecessary delays because the locks are too small to accommodate modern size barge tows. This causes transportation costs to rise and results in lost market share for Illinois agriculture producers.
Along with modernizing this river system's locks, we must not allow the deterioration of its ecosystem. A cooperative solution can meet the needs of waterway users and, at the same time, improve the environment and stem the decline of the Mississippi and Illinois Rivers' ecosystems. This legislation strikes a good balance by upgrading the lock system while protecting the ecosystem of these rivers.
I commend Senator Bond for introducing this important legislation and am pleased to join him in cosponsoring this bill. Illinois farmers and other producers have waited far too long for these improvements. This bill brings the Upper Mississippi and Illinois Rivers Waterway System into the 21st century.
Mr. President, I am pleased to be an original cosponsor of bipartisan legislation to authorize the modernization of the lock and dam infrastructure and enhanced environmental restoration on the Upper…
Mr. President, I am pleased to be an original cosponsor of bipartisan legislation to authorize the modernization of the lock and dam infrastructure and enhanced environmental restoration on the Upper Mississippi and Illinois Rivers.
Modernizing the inland waterway transportation system remains a high priority for the Upper Mississippi River basin and for agricultural, commercial, and labor interests that rely on the river to transport their products. In addition to strong grassroots support for this endeavor, the State legislatures have passed resolutions endorsing lock and dam modernization, ecosystem restoration, and Congressional action.
Agriculture and related industries in Iowa and the other States on the Upper Mississippi remain competitive in world markets, despite higher production costs, because of the efficiencies inherent in river transport. More than 60 percent of all grain exports move from the Upper Mississippi, making
this competitive advantage vital to their ability to operate their business. Over 400,000 full and part-time jobs in our basin are connected to the river. Without modernization, Midwest producers will not be able to compete in anticipated world grain export growth.
Furthermore, a recent study estimates the loss of 30,000 jobs nationwide, $562 million annually in lost farm income and $185 million annually in lost State and local tax receipts if the lock and dam system is not upgraded. Providing U.S. agricultural producers every opportunity to export their products to world markets is essential for their financial well-being and future viability.
While it is important to consider economic benefits, we must also protect the ecosystem of the river. A cooperative solution can meet the needs of farmers and waterway users while at the same time improve the environment and stem the decline of the Rivers' ecosystems through enhanced authorities. Restoring the ecosystem is not mutually exclusive to lock modernization.
After 12 years and $70 million of study, we firmly believe that the time has come to take action. I urge my colleagues to support this legislation providing initial authorization to begin the modernization process and enhance the authorities to address broader ecosystem restoration. Without immediate action, the health of both the agriculture economy and river ecosystem will continue to decline.
Mr. President, water is the life's blood for New Mexico. When the water dries up in New Mexico, so will many of its communities. As such, the scarcity of water in New Mexico is a dire situation.…
Mr. President, water is the life's blood for New Mexico. When the water dries up in New Mexico, so will many of its communities. As such, the scarcity of water in New Mexico is a dire situation. Unfortunately, the New Mexico Office of the State Engineer (NM OSE) lacks the tools necessary to undertake the Herculean task of effectively managing New Mexico's water resources.
Today, I introduce legislation that would allow New Mexico to make informed decisions about its limited water resources.
In order to effectively perform water rights administration, as well as comply with New Mexico's compact deliveries, the State Engineer is statutorily required to perform assessments and investigations of the numerous stream systems and ground water basins located within New Mexico. However, the NM OSE is ill equipped to vigorously and comprehensively undertake the daunting but critically important task of water resource planning. At present, the NM OSE lacks adequate resources to perform necessary hydrographic surveys and data collection. As such, ensuring a future water supply for my home state requires that Congress provide the NM OSE with the resources necessary to fulfill its statutory mandate.
The bill I introduce today would create a standing authority for the State of New Mexico to seek and receive technical assistance from the Bureau of Reclamation and the United States Geological Survey. It would also provide the NM OSE the sum of $12.5 million in federal assistance to perform hydrologic models of New Mexico's most important water systems. This bill would provide the NM OSE with the best resources available when making crucial decisions about how best preserve our limited water stores.
Ever decreasing water supplies in New Mexico have reached critical levels and require immediate action. The Congress cannot sit idly by as water shortages cause death to New Mexico's communities. I hope the Senate will give this legislation its every consideration.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I am pleased to join with Senator Collins and Senator Carper, who today have introduced the Postal Accountability and Enhancement Act. I commend both of my Governmental Affairs…
Mr. President, I am pleased to join with Senator Collins and Senator Carper, who today have introduced the Postal Accountability and Enhancement Act. I commend both of my Governmental Affairs Committee colleagues for their leadership in crafting a postal reform bill.
For some time, the General Accounting Office has warned that the long-term financial outlook for the U.S. Postal Service was at risk without significant changes. At the request of the Governmental Affairs Committee, the U.S. Postal Service developed a transformation plan that offered its vision for the future. Late in 2002, a Presidential Postal Commission was convened, which issued a number of recommendations in 2003.
Over the past 6 months, I have participated in a series of hearings chaired by Senator Collins which examined the recommendations of the Postal Commission. I commend Senator Collins for guaranteeing that the divergent views were seriously considered throughout our eight hearings. I also wish to commend my colleague from Delaware, Senator Carper, for his strong and early commitment to postal reform.
I support modernizing the U.S. Postal Service to ensure that its mission of providing 6 days a week universal service at an affordable rate is preserved. Although the legislation introduced today responds to many of the recommendations and concerns we heard in our hearings, it wisely rejects others. However, like most bills, there are provisions that trouble me. I am particularly concerned with the sections relating to worksharing and changes to the Federal Employees' Compensation Act (FECA). I will continue to work with the bill's sponsors to address these provisions, which I believe do not promote cost savings for the Postal Service or fairness for postal workers.
I look forward to working with my colleagues on this legislation to guarantee that the U.S. Postal Service will be in position to best serve the public in the 21st century, be a model employer, and protect the retirement future of its employees.
Mr. President, I am pleased to join Chairman Collins and Senator Carper as an original cosponsor of S. 2468, the Postal Accountability and Enhancement Act. In 2002, the President formed a Commission…
Mr. President, I am pleased to join Chairman Collins and Senator Carper as an original cosponsor of S. 2468, the Postal Accountability and Enhancement Act. In 2002, the President formed a Commission to evaluate the operations of the United States Postal Service. Earlier this year, the President's Commission issued a comprehensive report filled with suggestions on how to improve the Postal Service. Senator Collins became actively engaged on the issue of postal reform and held a series of hearing this year on postal reform. This bill is the product of the postal reform hearings held before the Government Affairs Committee.
I expect I will have suggestions on this legislation as the bill moves through the legislative process. However, I support Senator Collins's commitment to postal reform. I look forward to working with her and Senator Carper in Committee and on the Senate floor to ensure the success of this legislation.
Mr. President, I ask unanimous consent that the Peace Corps Volunteers Health, Safety, and Security Act of 2004 be printed in the Record.
Mr. President, I ask unanimous consent that the Peace Corps Volunteers Health, Safety, and Security Act of 2004 be printed in the Record.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Bill Text
Latest available legislative text
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2454 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2454
To amend the Peace Corps Act to establish an Ombudsman of the Peace
Corps and an Office of Safety and Security of the Peace Corps, to
establish an independent Inspector General of the Peace Corps, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 20, 2004
Mr. DeWine (for himself and Mr. Durbin) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To amend the Peace Corps Act to establish an Ombudsman of the Peace
Corps and an Office of Safety and Security of the Peace Corps, to
establish an independent Inspector General of the Peace Corps, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Peace Corps Volunteers Health,
Safety, and Security Act of 2004''.
SEC. 2. OMBUDSMAN OF THE PEACE CORPS.
The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended by
inserting after section 4 the following new section:
``SEC. 4A. OMBUDSMAN OF THE PEACE CORPS.
``(a) Establishment.--There is established in the Peace Corps the
Office of the Ombudsman of the Peace Corps (in this section referred to
as the `Office'). The Office shall be headed by the Ombudsman of the
Peace Corps (in this section referred to as the `Ombudsman'), who shall
be appointed by and report directly to the Director of the Peace Corps.
``(b) Volunteer Complaints and Other Matters.--The Ombudsman shall
receive and, as appropriate, inquire into complaints, questions, or
concerns submitted by current or former volunteers regarding services
or support provided by the Peace Corps to its volunteers, including
matters pertaining to--
``(1) the safety and security of volunteers;
``(2) due process, including processes relating to
separation from the Peace Corps;
``(3) benefits and assistance that may be due to current or
former volunteers;
``(4) medical or other health-related assistance; and
``(5) access to files and records of current or former
volunteers.
``(c) Employee Complaints and Other Matters.--The Ombudsman shall
receive and, as appropriate, inquire into complaints, questions, or
concerns submitted by current or former employees of the Peace Corps on
any matters of grievance.
``(d) Additional Duties.--The Ombudsman shall--
``(1) recommend responses to individual matters received
under subsections (b) and (c);
``(2) make recommendations for legislative, administrative,
or regulatory adjustments to address recurring problems or
other difficulties of the Peace Corps;
``(3) identify systemic issues relating to the practices,
policies, and administrative procedures of the Peace Corps that
affect volunteers and employees; and
``(4) call attention to problems not yet adequately
considered by the Peace Corps.
``(e) Standards of Operation.--The Ombudsman shall carry out the
duties under this section in a manner that is--
``(1) independent, impartial in the conduct of inquiries,
and confidential; and
``(2) consistent with the revised Standards for the
Establishment and Operation of Ombudsman Offices (August 2003)
as endorsed by the American Bar Association.
``(f) Involvement in Matters Subject to Ongoing Adjudication,
Litigation, or Investigation.--The Ombudsman shall refrain from any
involvement in the merits of individual matters that are the subject of
ongoing adjudication or litigation, or investigations related to such
adjudication or litigation.
``(g) Reports.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section, and semiannually thereafter,
the Ombudsman shall submit to the Director of the Peace Corps,
the Chair of the Peace Corps National Advisory Council, and
Congress a report containing a summary of--
``(A) the complaints, questions, and concerns
considered by the Ombudsman;
``(B) the inquiries completed by the Ombudsman;
``(C) recommendations for action with respect to
such complaints, questions, concerns, or inquiries; and
``(D) any other matters that the Ombudsman
considers relevant.
``(2) Confidentiality.--Each report submitted under
paragraph (1) shall maintain confidentiality on any matter that
the Ombudsman considers appropriate in accordance with
subsection (e).
``(h) Employee Defined.--In this section, the term `employee' means
an employee of the Peace Corps, an employee of the Office of Inspector
General of the Peace Corps, an individual appointed or assigned under
the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) to carry out
functions under this Act, or an individual subject to a personal
services contract with the Peace Corps.''.
SEC. 3. OFFICE OF SAFETY AND SECURITY OF THE PEACE CORPS.
The Peace Corps Act (22 U.S.C. 2501 et seq.), as amended by section
2 of this Act, is further amended by inserting after section 4A the
following new section:
``SEC. 4B. OFFICE OF SAFETY AND SECURITY OF THE PEACE CORPS.
``(a) Establishment.--There is established in the Peace Corps the
Office of Safety and Security of the Peace Corps (in this section
referred to as the `Office'). The Office shall be headed by the
Associate Director of the Peace Corps for Safety and Security, who
shall be appointed by and report directly to the Director of the Peace
Corps.
``(b) Responsibilities.--The Office established under subsection
(a) shall be responsible for all safety and security activities of the
Peace Corps, including background checks of volunteers and staff, the
safety and security of volunteers and staff (including training), the
safety and security of facilities, the security of information
technology, and other responsibilities as required by the Director.
``(c) Sense of Congress.--It is the sense of Congress that--
``(1) the Associate Director of Safety and Security of the
Peace Corps, as appointed pursuant to subsection (a) of this
section, should assign a Peace Corps country security
coordinator for each country where the Peace Corps has a
program of volunteer service for the purposes of carrying out
the field responsibilities of the Office; and
``(2) each country security coordinator--
``(A) should be a United States citizen;
``(B) should be under the supervision of the Peace
Corps country director in such country;
``(C) should report directly to the Associate
Director of the Peace Corps for Safety and Security on
all matters of importance that the country security
coordinator considers necessary;
``(D) should be responsible for coordinating
security activities with the regional security officer
of the Peace Corps responsible for the country to which
such country security officer is assigned; and
``(E) should have access to information, including
classified information, relating to possible threats
against Peace Corps volunteers.''.
SEC. 4. INSPECTOR GENERAL OF THE PEACE CORPS.
(a) Establishment of Independent Inspector General.--
(1) In general.--The Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(A) in section 8G(a)(2), by striking ``, the Peace
Corps'';
(B) in section 9(a)(1), by adding at the end the
following new subparagraph:
``(X) of the Peace Corps, the office of that agency
referred to as the `Office of Inspector General';
and''; and
(C) in section 11--
(i) in paragraph (1), by striking ``or the
Office of Personnel Management'' and inserting
``the Office of Personnel Management, or the
Peace Corps''; and
(ii) in paragraph (2), by inserting ``, the
Peace Corps'' after ``the Office of Personnel
Management''.
(2) Technical amendment.--Section 9(a)(1)(U) of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended by
striking ``and'' at the end.
(b) Temporary Appointment.--The Director of the Peace Corps may
appoint an individual to assume the powers and duties of the Inspector
General of the Peace Corps under the Inspector General Act of 1978 (5
U.S.C. App.) on an interim basis until such time as a person is
appointed by the President, by and with the advice and consent of the
Senate, pursuant to the amendments made in this section.
(c) Exemption From Employment Term Limits Under the Peace Corps
Act.--
(1) In general.--Section 7 of the Peace Corps Act (22
U.S.C. 2506) is amended--
(A) by redesignating subsection (c) as subsection
(b); and
(B) by adding at the end the following new
subsection:
``(c) The provisions of this section that limit the duration of
service, appointment, or assignment of individuals shall not apply to--
``(1) the Inspector General of the Peace Corps;
``(2) officers of the Office of the Inspector General of
the Peace Corps;
``(3) any individual whose official duties primarily
include the safety and security of Peace Corps volunteers or
employees;
``(4) the head of the office responsible for medical
services of the Peace Corps; or
``(5) any health care professional within the office
responsible for medical services of the Peace Corps.''.
(2) Conforming amendment.--The first proviso of section
15(d)(4) of the Peace Corps Act (22 U.S.C. 2514(d)(4)) is
amended by striking ``7(c)'' and inserting ``7(b)''.
(d) Compensation.--Section 7 of the Peace Corps Act (22 U.S.C.
2506), as amended by subsection (c) of this section, is further amended
by adding at the end the following new subsection:
``(d) The Inspector General of the Peace Corps shall be compensated
at the rate provided for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.''.
SEC. 5. OFFICE OF MEDICAL SERVICES OF THE PEACE CORPS.
(a) Report on Medical Screening and Placement Coordination.--Not
later than 120 days after the date of the enactment of this Act, the
Director of the Peace Corps shall submit to the appropriate
congressional committees a report that--
(1) describes the medical screening procedures and
guidelines used by the office responsible for medical services
of the Peace Corps to determine whether an applicant for Peace
Corps service has worldwide clearance, limited clearance, a
deferral period, or is not medically, including
psychologically, qualified to serve in the Peace Corps as a
volunteer;
(2) describes the procedures and guidelines used by the
Peace Corps to ensure that applicants for Peace Corps service
are matched with a host country where the applicant can, with
reasonable accommodations, complete at least two years of volunteer
service without interruption due to foreseeable medical conditions; and
(3) with respect to each of fiscal years 2000 through 2003
and the first six months of fiscal year 2004, states the number
of--
(A) medical screenings of applicants conducted;
(B) applicants who have received worldwide
clearance, limited clearance, deferral periods, and
medical disqualifications to serve;
(C) appeals to the Medical Screening Review Board
of the Peace Corps and the number of times that an
initial screening decision was upheld;
(D) requests that have been made to the head of the
office responsible for medical services of the Peace
Corps for reconsideration of a decision of the Medical
Screening Review Board and the number of times that
such decisions were upheld by the head of such office;
(E) Peace Corps volunteers who became medically
qualified to serve because of a decision of the Medical
Screening Review Board and who were later evacuated or
terminated their service early due to medical reasons;
(F) Peace Corps volunteers who became medically
qualified to serve because of a decision of the head of
the office responsible for medical services of the
Peace Corps and who were later evacuated or terminated
their service early due to medical reasons;
(G) Peace Corps volunteers who the agency has had
to separate from service due to the discovery of
undisclosed medical information; and
(H) Peace Corps volunteers who have terminated
their service early due to medical, including
psychological, reasons.
(b) Full Time Director of Medical Services.--Section 4(c) of the
Peace Corps Act (22 U.S.C. 2503(c)) is amended by adding at the end the
following new paragraph:
``(5) The Director of the Peace Corps shall ensure that the head of
the office responsible for medical services of the Peace Corps does not
occupy any other position in the Peace Corps.''.
SEC. 6. REPORTS ON THE ``FIVE YEAR RULE'' AND ON WORK ASSIGNMENTS OF
VOLUNTEERS OF THE PEACE CORPS.
(a) Report by the Comptroller General.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Comptroller General shall submit to
the appropriate congressional committees a report on the
effects on the ability of the Peace Corps to effectively manage
Peace Corps operations of the limitations on the duration of
employment, appointment, or assignment of officers and
employees of the Peace Corps under section 7 of the Peace Corps
Act (22 U.S.C. 2506).
(2) Contents.--The report described in paragraph (1) shall
include--
(A) a description of such limitations;
(B) a description of the history of such
limitations and the purposes for which it was enacted
and amended;
(C) an analysis of the impact of such limitations
on the ability of the Peace Corps to recruit capable
volunteers, establish productive and worthwhile
assignments for volunteers, provide for the health,
safety, and security of volunteers, and, as declared in
section 2(a) of the Peace Corps Act (22 U.S.C.
2501(a)), ``promote a better understanding of the
American people on the part of the peoples served and a
better understanding of other peoples on the part of
the American people'';
(D) an assessment of whether the application of
such limitations have accomplished the objectives for
which they were intended; and
(E) recommendations, if any, for legislation to
amend provisions of the Peace Corps Act that relate to
such limitations.
(b) Report on Work Assignments of Volunteers.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Peace Corps
shall submit to the appropriate congressional committees a
report on the extent to which the work assignments of Peace
Corps volunteers fulfill the commitment of the Peace Corps to
ensuring that--
(A) such assignments are well developed, with clear
roles and expectations; and
(B) volunteers are well-suited for their
assignments.
(2) Contents.--The report described in paragraph (1) shall
include--
(A) an assessment of the extent to which agreements
between the Peace Corps and host countries delineate
clear roles for volunteers in assisting host
governments to advance their national development
strategies;
(B) an assessment of the extent to which the Peace
Corps--
(i) recruits volunteers who have skills
that correlate with the expectations cited in
the country agreements; and
(ii) assigns such volunteers to such posts;
(C) a description of the procedures in place for
determining volunteer work assignments and minimum
standards for such assignments;
(D) the results of a survey of volunteers on
health, safety, and security issues and of satisfaction
surveys, which are to be conducted after the date of
the enactment of this Act; and
(E) an assessment of the plan of the Peace Corps to
increase the number of volunteers who are assigned to
projects in sub-Saharan Africa, Asia, and the Western
Hemisphere, particularly among communities of African
descent within countries in the Western Hemisphere,
that help combat HIV/AIDS and other global infectious
diseases.
SEC. 7. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
In this Act, the term ``appropriate congressional committees''
means the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of Representatives.
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