Chimayo Water Supply System and Espanola Filtration Facility Act of 2004

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Wednesday, July 14, 2004, at 9:30 a.m. on Home Products Fire Safety.

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Wednesday, July 14, 2004, at 2:30 p.m. on Adult Stem Cell Research.

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate, on Wednesday, July 14, at 11:30 a.m. to consider pending calendar business.

Agenda Item 1: S. 203--A bill to open certain withdrawn land in Big Horn County, Wyoming, to locatable mineral development for bentonite mining.

Agenda Item 4: S. 931--A bill to direct the Secretary of the Interior to undertake a program to reduce the risks from and mitigate the effects of avalanches on visitors to units of the National Park System and on other recreational users of public land.

Agenda Item 7: S. 1211--A bill to further the purposes of title XVI of the Reclamation Projects Authorization and Adjustment Act of 1992, the ``Reclamation Wastewater and Groundwater Study and Facilities Act'', by directing the Secretary of the Interior to undertake a demonstration program for water reclamation in the Tularosa Basin of New Mexico, and for other purposes.

Agenda Item 14: S. 2052--A bill to amend the National Trails System Act to designate El Camino Real de los Tejas as a National Historic Trail.

Agenda Item 16: S. 2140--A bill to expand the boundary of the Mount Rainier National Park.

Agenda Item 17: S. 2167--A bill to establish the Lewis and Clark National Historical Park in the States of Washington and Oregon, and for other purposes.

Agenda Item 18: S. 2173--A bill to further the purposes of the Sand Creek Massacre National Historic Site Establishment Act of 2000.

Agenda Item 19: S. 2285--A bill to direct the Secretary of the Interior to convey a parcel of real property to Beaver County, Utah.

Agenda Item 20: S. 2287--A bill to adjust the boundary of the Barataria Preserve Unit of Jean Lafitte National Historical Park and Preserve in the State of Louisiana, and for other purposes.

Agenda Item 21: S. 2460--A bill to provide assistance to the State of New Mexico for the development of comprehensive State water plans, and for other purposes.

Agenda Item 22: S. 2508--A bill to redesignate the Ridges Basin Reservoir, Colorado, as Lake Nighthorse.

Agenda Item 23: S. 2511--A bill to direct the Secretary of the Interior to conduct a feasibility study of a Chimayo water supply system, to provide for the planning, design, and construction of a water supply, reclamation, and filtration facility for Espanola, New Mexico, and for other purposes.

Agenda Item 24: S. 2543--A bill to establish a program and criteria for National Heritage Areas in the United States, and for other purposes.

Agenda Item 27: H.R. 1284--To amend the Reclamation Projects Authorization and Adjustment Act of 1992 to increase the Federal share of the costs of the San Gabriel Basin demonstration project.

Agenda Item 29: H.R. 1616--To authorize the exchange of certain lands within the Martin Luther King, Junior, National Historic Site for lands owned by the City of Atlanta, Georgia, and for other purposes.

Agenda Item 30: H.R. 3768--To expand the Timucuan Ecological and Historic Preserve, Florida.

In addition, the Committee may turn to any other measures that are ready for consideration.

Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet in open Executive Session during the session on July 14, 2004, at 10 a.m., in a mock markup to consider proposed legislation implementing the U.S.-Morocco Free Trade Agreement; and to consider favorably reporting S. 2610, the U.S.- Australia Free Trade Agreement Implementation Act; and the nominations of Joey Russell George, to be Treasury Inspector General for Tax Administration, U.S. Department of Treasury; Patrick P. O'Carroll, Jr., to be Inspector General, Social Security Administration; Timothy S. Bitsberger, to be Assistant Secretary for Financial Markets, U.S. Department of Treasury; Paul B. Jones, to be Member, IRS Oversight Board; and, Charles L. Kolbe, to be Member, IRA Oversight Board.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, July 14, 2004, at 9:30 a.m., to hold a hearing on Pakistan: Balancing Reform and Counterterrorism.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, July 14, 2004, at 2:30 p.m., to hold a hearing on U.S. Policy Toward Southeast Europe: Unfinished Business in the Balkans.

Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Wednesday, July 14, 2004, at 10 a.m., in room 485 of the Russell Senate Office Building, to conduct an oversight hearing on the American Indian Religious Freedom Act.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a hearing on Wednesday, July 14, 2004, at 10 a.m. on ``Examining the Implications of Drug Importation'' in the Dirksen Senate Office Building Room 226. The witness list will be delivered later today.

Witness List

Panel I: Hon. John Breaux, U.S. Senator; and Hon. Bryon Dorgan, U.S. Senator.

Panel II: William K. Hubbard, Associate Commissioner for Policy and Planning, U.S. Food and Drug Administration; John Taylor, III, Associate Commissioner for Regulatory Affairs, U.S. Food and Drug Administration; and Elizabeth G. Durant, Director of Trade Programs, Bureau of Customs and Border Protection.

Panel III: Hon. Rudolph Giuliani; Carmen Catizone, M.S., RPh, DPh, Executive Director/Secretary, National Association of Boards of Pharmacy Boards; Kathleen Jaeger, President and CEO, GPhA; Ms. Joanna Disch, Board Member, AARP; and Ms. Elizabeth A. Wennar, M.P.H, D.H.A., President and CEO, United Health Alliance of Bennington, VT and Principle, HealthInova of Manchester, VT, United Health Alliance, Health Care Economist.

Mr. President, I ask unanimous consent that the Committee on Rules and Administration be authorized to meet during the session of the Senate on Wednesday, July 14, 2004, at 9:30 a.m., to conduct an oversight hearing on the Federal Election Commission.

Mr. President, I ask unanimous consent that the subcommittee on Public Lands and Forests of the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Wednesday, July 14, at 2:30 p.m.

The purpose of the hearing is to receive testimony on S. 2317, to limit the royalty on soda ash; S. 2353, to reauthorize and amend the National Geologic Mapping Act of 1992; H.R. 1189, to increase the waiver requirement for certain local matching requirements for grants provided to American Samoa, Guam, the Virgin Islands, or the Commonwealth of the Northern Mariana Islands, and for other purposes; and H.R. 2010, to protect the voting rights of members of the armed services in elections for the delegate representing American Samoa in the United States House of Representatives, and for other purposes.

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on Thursday, June 17, 2004, at 10 a.m. to conduct a hearing on ``An Overview of the Regulation of the Bond Markets.''

Concurrent with the hearing, the Committee intends to vote on the nomination of the Honorable Alan Greenspan to be Chairman of the Board of Governors of the Federal Reserve System; on S. 894, ``The Marine Corps 230th Anniversary Commemorative Coin Act''; and S. 976, ``The Jamestown 400th Anniversary Commemorative Coin Act of 2003.''

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on June 17, 2004, at 9:30 a.m. on Enhancing Border Security.

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Thursday, June 17, at 10 a.m. to receive testimony regarding the Environmental Management Program of the Department of Energy and Issues associated with accelerated cleanup.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, June 17, 2004, at 9:30 a.m. to hold a hearing on Law Enforcement Treaties.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, June 17, 2004, at 2 p.m. to hold a hearing on Nominations.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, June 17, 2004, at 3 p.m. to hold a hearing on Nominations.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a markup on Thursday, June 17, 2004, at 9:30 a.m. in Dirksen Senate Building Room 226.

Agenda

I. Nominations: Henry W. Saad, to be U.S. Circuit Judge for the Sixth Circuit; and Claude A. Allen to be U.S. Circuit Judge for the Fourth Circuit.

II. Legislation: S. 1735, Gang Prevention and Effective Deterrence Act of 2003 Hatch, Feinstein, Grassley, Graham, Chambliss, Cornyn, Schumer, Biden; S. 1635, L-1 Visa Intracompany Transferee, Reform Act of 2003 Chambliss; S. 2013, Satellite Home Viewer Extension Act of 2004 Hatch, Leahy, DeWine, Kohl; S.J. Res. 4, Proposing an amendment to the Constitution of the United States authorizing Congress to prohibit the physical desecration of the flag of the United States Act of 2003 Hatch, Feinstein, Craig, Sessions, DeWine, Grassley Graham, Cornyn, Specter, Chambliss; S. 1700, Advancing Justice through DNA Technology Act of 2003 Hatch, Biden, Specter, Leahy, DeWine, Feinstein, Kennedy, Schumer, Durbin and Kohl; S. Res. 322, A resolution designating August 16, 2004, as ``National Airborne Day'' of 2004 Hagel, Durbin, Graham, Hatch; S. Res. 370, A resolution designating September 7, 2004, as ``National Attention Deficit Disorder Awareness Day'' of 2004 Cantwell; and S. 2396, Federal Courts Improvement Act of 2004 Hatch, Leahy, Chambliss, Durbin, Schumer, Clinton

Mr. President, I ask unanimous consent that the Permanent Subcommittee on Investigations of the Committee on Governmental Affairs be authorized to meet on Thursday, June 17, 2004, at 9 a.m., for a hearing entitled ``Buyer Beware: The Danger of Purchasing Pharmaceuticals Over the Internet.''

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on June 17, 2004, at 2:30 p.m. to hold a closed hearing on Intelligence Matters.

Mr. President, I ask unanimous consent that the Subcommittee on Science, Technology and Space be authorized to meet on Thursday, June 17, 2004, at 2:30 p.m. on the Final Report on the President's Commission on Implementation of U.S. Space Exploration Policy.

Mr. President, I ask unanimous consent that the Subcommittee on Water and Power of the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Thursday, June 17, at 2:30 p.m.

The purpose of the hearing is to receive testimony on S. 2513, a bill to authorize the Secretary of the Interior to provide financial assistance to the Eastern New Mexico Rural Water Authority for the planning, design, and construction of the Eastern New Mexico rural water system, and for other purposes; S. 2511, a bill to direct the Secretary of the Interior to conduct a feasibility study of a Chimayo water supply system, to provide for the planning, design, and construction of a water supply, reclamation, and filtration facility for Espanola, NM, and for other purposes; S. 2508, a bill to redesignate the Ridges Basin Reservoir, CO, as Lake Nighthorse; S. 2460, a bill to provide assistance to the State of New Mexico for the development of comprehensive state water plans, and for other purposes; and S. 1211, a bill to further the purposes of Title XVI of the Reclamation Projects Authorization and Adjustment Act of 1992, the ``Reclamation Wastewater and Groundwater Study and Facilities Act'', by directing the Secretary of the Interior to undertake a demonstration program for water reclamation in the Tularosa Basin of New Mexico, and for other purposes.

Mr. President, my home State of New Mexico is currently facing the greatest threat to its prosperity that I have witnessed during my 31-year tenures as a United States Senator. The threat is one that we all too often take for granted: the availability of water.

I rise today to introduce a bill that would address New Mexico's most urgent water needs.

The water problems facing New Mexico are twofold. The State faces both water supply shortages and the contamination of the scarce water resources it does have. This has resulted in inadequate water supplies to meet our State's needs, causing great hardship to New Mexico communities.

New Mexico faces significant contamination of both surface and subsurface water stores. Nowhere is this more evident than in the centuries-old community of Chimayo. The 3,000 citizens of this unincorporated community rely on individual wells for their potable water and rely on largely deteriorated septic systems to dispose of waste water. Hydrologists have determined that, because of absence or deterioration of sewer and water infrastructure in the basin, an alarming 75 percent of well samples taken had significant contamination of both total coli form and fecal coli form. Their individual wells are further tainted by high levels of total dissolved solids. Because of the unreliability of the well water, many residents use water from irrigation ditches for drinking. This water, too, was found to have high levels of fecal coli form contamination.

The water contamination in Chimayo is so desperate that in 2001, then-Governor Gary Johnson declared the region an emergency area and had the National Guard bring in tanker trucks to provide potable water to the area every other day. Chimayo is still in ``emergency status'' and the tanker trucks still provide the only potable water to many of the citizens. This state of affairs is clearly unacceptable in the most technologically advanced and wealthy country on earth.

The bill I introduce today would provide emergency water treatment assistance to Chimayo so that its communities' citizens no longer have to rely on water tankers for their water. In addition, it would direct the Interior Secretary to perform an assessment of water resources in the area and to help the city of Chimayo to make good decisions about a regional water system.

Ever decreasing water supplies in Espanola, New Mexico have also reached critical levels and require immediate action.

The city of Espanola's current water system produced approximately 1,000 gallons per minute less than is needed to provide for its current population. This production shortfall has resulted in insufficient water pressure throughout the city. The chronic lack of pressure is prevalent especially in the portion of the city where the Espanola Hospital is located. The city has twice declared a state of emergency due to lack of adequate water and water pressure. As a result, the city has called on the National Guard to supply water to the hospital.

Further exacerbating the problem, the city has been unable to make good use of its water resources. Although it has been allocated 1,000 acre feet per annum of San-Juan Chama Project water by the Bureau of Reclamation, the city is unable to divert this water due to inadequate water infrastructure. Instead of making use of its available San Juan Chama water, the city has been depleting its limited groundwater, a resource which the city needs to save for years of reduced surface flows.

I commend the efforts of Espanola to secure funding for infrastructure necessary to make use of its San-Juan Chama Project water. To date, the city has secured funding for a necessary diversion project and has identified a site for the project. It has also raised from State, local and Federal sources nearly all the money required to build a water filtration facility to treat its San Juan Chama Project water.

The bill I introduce today would provide the sum of $3 million at a 25 percent Federal cost share to complete this critically necessary project.

These are two problems are representative of many we have just begun to address. There are no easy answers or solutions to the western state's water woes. New Mexico and much of the Western United States will face these and other problems for years to come. However, preserving the livelihood of my home state requires that we address these issues instantly and vigorously. I hope the Senate will give this bill its every consideration.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, my home State of New Mexico is currently facing the greatest threat to its prosperity that I have witnessed during my 31-year tenures as a United States Senator. The threat is one that we all too often take for granted: the availability of water.

I rise today to introduce a bill that would address New Mexico's most urgent water needs.

The water problems facing New Mexico are twofold. The State faces both water supply shortages and the contamination of the scarce water resources it does have. This has resulted in inadequate water supplies to meet our State's needs, causing great hardship to New Mexico communities.

New Mexico faces significant contamination of both surface and subsurface water stores. Nowhere is this more evident than in the centuries-old community of Chimayo. The 3,000 citizens of this unincorporated community rely on individual wells for their potable water and rely on largely deteriorated septic systems to dispose of waste water. Hydrologists have determined that, because of absence or deterioration of sewer and water infrastructure in the basin, an alarming 75 percent of well samples taken had significant contamination of both total coli form and fecal coli form. Their individual wells are further tainted by high levels of total dissolved solids. Because of the unreliability of the well water, many residents use water from irrigation ditches for drinking. This water, too, was found to have high levels of fecal coli form contamination.

The water contamination in Chimayo is so desperate that in 2001, then-Governor Gary Johnson declared the region an emergency area and had the National Guard bring in tanker trucks to provide potable water to the area every other day. Chimayo is still in ``emergency status'' and the tanker trucks still provide the only potable water to many of the citizens. This state of affairs is clearly unacceptable in the most technologically advanced and wealthy country on earth.

The bill I introduce today would provide emergency water treatment assistance to Chimayo so that its communities' citizens no longer have to rely on water tankers for their water. In addition, it would direct the Interior Secretary to perform an assessment of water resources in the area and to help the city of Chimayo to make good decisions about a regional water system.

Ever decreasing water supplies in Espanola, New Mexico have also reached critical levels and require immediate action.

The city of Espanola's current water system produced approximately 1,000 gallons per minute less than is needed to provide for its current population. This production shortfall has resulted in insufficient water pressure throughout the city. The chronic lack of pressure is prevalent especially in the portion of the city where the Espanola Hospital is located. The city has twice declared a state of emergency due to lack of adequate water and water pressure. As a result, the city has called on the National Guard to supply water to the hospital.

Further exacerbating the problem, the city has been unable to make good use of its water resources. Although it has been allocated 1,000 acre feet per annum of San-Juan Chama Project water by the Bureau of Reclamation, the city is unable to divert this water due to inadequate water infrastructure. Instead of making use of its available San Juan Chama water, the city has been depleting its limited groundwater, a resource which the city needs to save for years of reduced surface flows.

I commend the efforts of Espanola to secure funding for infrastructure necessary to make use of its San-Juan Chama Project water. To date, the city has secured funding for a necessary diversion project and has identified a site for the project. It has also raised from State, local and Federal sources nearly all the money required to build a water filtration facility to treat its San Juan Chama Project water.

The bill I introduce today would provide the sum of $3 million at a 25 percent Federal cost share to complete this critically necessary project.

These are two problems are representative of many we have just begun to address. There are no easy answers or solutions to the western state's water woes. New Mexico and much of the Western United States will face these and other problems for years to come. However, preserving the livelihood of my home state requires that we address these issues instantly and vigorously. I hope the Senate will give this bill its every consideration.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, today I am introducing the Drug Discount Card Simplification Act, which will take needed steps to improve the Medicare-approved drug discount card program.

The drug discount card program was designed to provide seniors with temporary relief from high drug costs until the full Medicare drug benefit starts in 2006. This program has the potential to give real help to low income seniors in particular, because it will give them up to $600 both this year and next year toward their prescription drug purchases.

Unfortunately, the way the program has been implemented is unnecessarily confusing. In talking to North Dakotans, I have heard repeatedly that seniors are finding it extremely difficult to figure out which card, if any, is right for them. And no wonder. The media are full of stories detailing how difficult it is to get accurate information about the program.

The 1-800-MEDICARE phone help line is continuously busy. When someone finally answers the phone, the operators often can't answer seniors' questions or, even worse, give incorrect information.

The web site is easier to access, but many seniors don't have access to the Internet. Those who do have Internet access have found that the pricing information is often incomplete or out-of-date, or pharmacy access information is incorrect.

The bottom line is that the program, as implemented, overwhelms seniors with too many choices. Don't get me wrong. I like choice. But when it comes to 60,000 different drugs purchased with 73 discount cards at over 50,000 pharmacies, the combinations seem endless for a senior with several different prescriptions to be filled. On top of that, the prices can change weekly.

Besides the number of cards, seniors also hesitate to purchase a card because they are concerned about the lack of reliability in coverage and available discounts.

Once seniors choose a card, they are locked into that card until the open enrollment period at the end of the year. During the time when they are locked in, the drug card program sponsor is allowed to reduce the discounts provided, drop coverage of a drug, or even drop its program altogether--leaving seniors without drug coverage and forcing them to go through the sign up procedure over again. I don't think this is fair for seniors or a wise policy for Medicare.

Faced with this complexity, seniors are simply choosing not to sign up. So far, of the 15 million seniors estimated to be eligible for the drug card program, fewer than 500,000 have signed up voluntarily. Another 2.4 million have been signed up automatically by their HMO.

If seniors want anything, it's simplicity, consistency, and reliability. That's why I am introducing the Drug Discount Card Simplification Act. My bill has three provisions.

First, my bill would require the Secretary to select the best three discount cards in each region. The Secretary would choose among the existing approved cards and base his decision on the following three factors: (1) which cards give the deepest discounts; (2) which cards cover the widest range of drugs; and (3) which cards make it easiest for seniors to get their drugs by having the widest network of participating pharmacies.

Second, my legislation would prohibit drug card sponsors from offering discounts that are less than the discounts seniors are promised during the sign-up period.

Finally, the bill I introduce today will protect seniors' access to drugs by requiring discount drug card sponsors to continue offering coverage of a drug throughout the duration of the program.

By simplifying the program, my bill will increase participation, ensuring that seniors can benefit from the discounts that are being provided. And it will help smooth the path for successful implementation of the drug benefit itself in 2006.

Now, some may argue that my bill will eliminate competition. I disagree. My bill will increase competition by encouraging sponsors to offer the best discounts available in order to be approved as one of the three cards. In addition, my idea is not new; in fact it is consistent with the Administration's proposal to limit the PPO options in the Medicare Modernization Act MA to just three per region.

I believe my legislation will provide better discount drug cards for seniors and make it easier for them to sign up for these benefits. I urge my colleagues to support this legislation.