Bay Area Regional Water Recycling Program Authorization Act of 2007
Legislative Activity
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Indefinitely postponed by Senate by Unanimous Consent. (consideration: CR S5530)
June 11, 2008
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Introduced in House
March 14, 2007
Sponsor introductory remarks on measure. (CR E539)
March 14, 2007
Referred to the House Committee on Natural Resources.
March 14, 2007
Referred to the Subcommittee on Water and Power.
March 19, 2007
Subcommittee Consideration and Mark-up Session Held.
June 12, 2007
Forwarded by Subcommittee to Full Committee (Amended) by Unanimous Consent .
June 12, 2007
Ordered to be Reported (Amended) by Voice Vote.
June 28, 2007
Committee Consideration and Mark-up Session Held.
June 28, 2007
Reported (Amended) by the Committee on Natural Resources. H. Rept. 110-252.
July 23, 2007
Placed on the Union Calendar, Calendar No. 161.
July 23, 2007
Mr. Grijalva moved to suspend the rules and pass the bill, as amended.
July 23, 2007 • 12:29 PM
Considered under suspension of the rules. (consideration: CR H8196-8197)
July 23, 2007 • 12:29 PM
DEBATE - The House proceeded with forty minutes of debate on H.R. 1526.
July 23, 2007 • 12:29 PM
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text as passed in House: CR H8196-8197)
July 23, 2007 • 12:33 PM
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text as passed in House: CR H8196-8197)
July 23, 2007 • 12:33 PM
Motion to reconsider laid on the table Agreed to without objection.
July 23, 2007 • 12:34 PM
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
July 24, 2007
Committee on Energy and Natural Resources Subcommittee on Water and Power. Hearings held. With printed Hearing: S.Hrg. 110-170.
August 1, 2007
Committee on Energy and Natural Resources. Ordered to be reported without amendment favorably.
January 30, 2008
Committee on Energy and Natural Resources. Reported by Senator Bingaman without amendment. With written report No. 110-322.
April 10, 2008
Placed on Senate Legislative Calendar under General Orders. Calendar No. 674.
April 10, 2008
Indefinitely postponed by Senate by Unanimous Consent. (consideration: CR S5530)
June 11, 2008
Floor Debate
21 membersWhat members said about H.R. 1526 on the floor
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Floor Debate
21 membersWhat members said about H.R. 1526 on the floor
Mr. President, today I am pleased to introduce the North Bay Water Reuse Program Act of 2007, together with my colleague Senator Boxer. This legislation authorizes Federal participation in a regional…
Mr. President, today I am pleased to introduce the North Bay Water Reuse Program Act of 2007, together with my colleague Senator Boxer. This legislation authorizes Federal participation in a regional water reuse project that is the first of its kind in Northern California, and model for the West.
The program will allow urban water agencies to take treated wastewater now discharged into the sensitive bay-delta ecosystem and put it to productive use on water-short agricultural lands and environmentally valuable wetlands. It is an innovative ``win-win'' solution that will protect the environment as well as meet the future water needs of urban and agricultural
water users in the North Bay region of California.
Agricultural producers in the North Bay region are facing, and will continue to encounter, major water shortages. At the same time, as regulations continue to restrict and/or eliminate wastewater discharge, many communities in the North Bay region will face challenges as they try to determine the best way to discharge their treated wastewater.
The North Bay Water Reuse Program will address both problems and enhance the ecosystem of the San Francisco Bay. Specifically, the program will distribute reclaimed water through a conveyance system and deliver it to agricultural growers, promising a permanent and dedicated supply of about 30,000 acre-feet of water per year.
The use of reclaimed water for irrigation will reduce the demand on both surface and groundwater supplies, and thus improve instream flows for riparian habitat and fisheries recovery. Furthermore, in the off- season when irrigation demand is diminished, the reclaimed water will be used to increase surface water flows for the restoration of wetlands, creating habitat for migratory waterfowl and other wetland species.
Most notably, this program grew from a collaboration of the three major stakeholders in the region that vie for the same water. It is significant that the program is supported by the local governments in three counties, Napa, Sonoma and Marin Counties; agricultural organizations, such as the Napa and Sonoma County Farm Bureaus, the Carneros Quality Alliance, the Winegrape Growers of Napa County, the Napa Vintners Association, the North Bay Agriculture Alliance; and environmental organizations, such as The Bay Institute.
Thus, the North Bay Water Reuse Program brings stakeholders that are usually at odds with one another to the table to find a solution that is beneficial to all.
Finally, I would like to note the energy benefits of this project. The Sonoma Valley treatment plant, installing solar panels that will generate 40 percent of its energy needs. Another partner in the program, Las Gallinas Valley Sanitary District, generates 90 percent of its operating energy using solar panels.
The North Bay Water Reuse Program will allow vineyard managers to cease or significantly reduce their use of gas and electric powered pumps that currently deliver irrigation water. The program proponents expect to see a net reduction of overall energy use for regional irrigation operations, as well as a net reduction in the emissions of carbon dioxide from irrigation operations.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, today I am introducing the Madera Water Supply Enhancement Act. This legislation authorizes the Bureau of Reclamation, Bureau, to participate in the design and construction of the Madera Water Supply Enhancement Project, project, that is essential to
improving the water supply in the Madera Irrigation District, MID, in Madera County, CA, and in California's Central Valley.
Representative George Radanovich has introduced companion legislation to this bill in the House, and I look forward to working with him to get this bill enacted.
Agriculture is a multibillion enterprise in California, which produces a significant portion of the Nation's food supply. To secure this food supply, water is essential. When constructed, the project will have the capacity to store up to 250,000 acre-feet of water and move up to 55,000 acre feet in or out of storage each year.
With increasing demands on limited water supply, the project will enable water users to store excess wet year water supply and this stored water can then be used during dry years to meet demand. To ensure the viability of the groundwater table and address overdraft problems, 10 percent of the water placed in storage would be left in the ground to replenish the aquifer over time.
This Project is also a useful complement to efforts to restore the San Joaquin River. Restoring water to the San Joaquin River may reduce the water supply available to agriculture in the San Joaquin Valley by up to 165,000 acre feet per year.
It is very important to me to do what I can to help make up this water deficit. The Madera Water Bank is one project that can help, and I will be looking at it and other projects closely to prioritize limited Federal appropriations to address this important need.
MID, the local agency that will build, own and manage the project has already made a major financial commitment to making the water bank a reality. MID has spent $37.5 million to purchase the nearly 14,000 acre Madera Ranch, which will be the site of the water bank, and millions more on studies. This land is ideal for storing water in the aquifer. Over 11,000 acres of the ranch also constitute valuable habitat for numerous species and contain large sections of the region's native grasslands that will be preserved.
The Energy and Natural Resources Committee held a hearing on the predecessor legislation, H.R. 3897, which passed the House of Representatives in the 109th Congress. As a result of that hearing, two changes were made to the legislation.
First, the total cost of the project is capped at $90 million. Under the legislation, the maximum Federal contribution will be $22.5 million or 25 percent of the total cost of the project, whichever is less. This change provides certainty and limits the Federal Government's financial exposure in supporting this project.
The second change to last year's legislation is the decision to declare the project ``feasible'' without further study. The reason for this approach relates to the project's unusual history.
The feasibility of constructing a water bank on the Madera Ranch property has been under consideration for over a decade. In 1996 the Bureau began studying this possibility, and in 1998 the Bureau finalized plans to fund a water bank on the property. After conducting extensive studies regarding the feasibility of building a water bank on the property, the Bureau was prepared to pay over $40 million for the property and $60-$70 million to construct the water bank. This total amount, in excess of $100 million, is significantly more than the cost of MID's water bank almost 10 years later. Although the Bureau eventually withdrew from the project because of local concerns regarding sizing, water quality, and nonlocal ownership issues, no one has ever disputed the suitability of the site for a water bank.
After the Bureau's involvement ended, Azurix, an Enron subsidiary, attempted to build a water bank but was unable to complete the project because of many of the same concerns raised during the Bureau's efforts. However, many more studies were done during this phase for the reformulated project. MID has also conducted further studies. To date, over $8 million has been spent on studies related to the Project, exclusive of the Bureau's own extensive studies of the project.
The legislation identifies 18 specific studies done over the past decade on this project, many by the Bureau itself and others by private parties and MID, all with the Bureau's full knowledge and involvement. In many cases, the same engineering consulting firms used by the Bureau were retained to conduct these further studies. There is simply nothing left to study, and we should proceed immediately to the construction phase of this project.
The Bureau has been a long-term supporter of California agriculture, and working in partnership with the State, local governments, water users and others has helped provide irrigation water for over 10 million farmland acres.
The MID water bank is consistent with the Bureau's historical mission of supporting such locally controlled and initiated water projects. Swift enactment of this legislation is necessary to bring over 10 years of study to a conclusion and make the water bank a reality for Madera County, the surrounding region, the Central Valley and the entire State of California.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to introduce legislation to authorize the Riverside-Corona feeder. This project, which is being undertaken by Western Municipal Water District, would provide one of California's fastest growing but drought prone regions, with 40,000 acre-feet of new supply at a reasonable cost of approximately $370 per acre foot. The project would efficiently integrate groundwater storage with existing surface supply management.
The purpose of the Riverside-Corona feeder water supply project is to capture and store new water in the underground aquifer in wet years in order to increase water supply, reduce water costs, and improve water quality. The project will include about 20 wells and 28 miles of pipeline. Studies have shown the safe annual yield of the aquifer is about 40,000 acre-feet.
The project would allow locally stored water to replace the need to import water from Colorado River and State water project sources in times of drought or other shortages. The project proposes to manage the ground water levels by the construction of ground water wells and pumping capacity to deliver the pumped ground water supply to water users. A new water conveyance pipeline is also proposed that will serve western Riverside County.
For water users, dependence on imported water in dry years will be reduced, water costs will be reduced, and water reliability will be improved.
There are also very important environmental remediation aspects of the project. Up to half of the wells would be placed within plumes of VOCs and perchlorate. These wells could remediate about 20,000 acre- feet of currently contaminated water per year. Detailed feasibility studies and environmental reports have been prepared and approved by Western Municipal Water District and certified by the State of California.
The California State Water Resources Control Board recognizes that the Riverside Corona feeder is an important project, recently awarding it $4.3 million from proposition 50 competitive grant funds.
Because water agencies understand that the project is integral to regional water planning, the Riverside-Corona feeder has the support of agencies upstream in San Bernardino County and downstream in Orange County. This bill is also supported by and fully consistent with the Metropolitan Water District of Southern California's Integrated Resource Plan, the Santa Ana Watershed Project Authority's Integrated Watershed Plan, and the water management plans for the cities of Riverside, Norco and Corona as well as the Elsinore Valley Municipal Water District.
This is a bipartisan initiative, as witnessed by the list of cosponsors of the House version of the bill I introduce today. I urge my colleagues to support this bill to help meet the West's water supply needs and to reduce our dependence on the Colorado River.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, together with my good friend and colleague, Senator Barbara Boxer, Chairman of the Committee on the Environment and Public Works, I am pleased to introduce today legislation to help the San Francisco bay area a region with a growing population, limited
water resources, and a unique environmental setting, address its critical water needs.
The bill, the Bay Area Regional Water Recycling Program Authorization Act of 2007, would help seven bay area communities increase their municipal water supplies through innovative and much-needed water recycling projects.
These projects offer significant benefits. For California and the Federal Government such benefits include: the preservation of State and Federal reservoir supplies for higher uses rather than for urban landscape irrigation, particularly in drought years; and, a cost effective, environmentally friendly, implementable solution for increased dry year yield in the sensitive bay-delta region. Regional and local benefits include: the preservation of ever declining water supplies from the Sierra and delta for higher uses; assistance in drought-proofing the region through provision of a sustainable and reliable source of water; and reduction in wastewater discharges to the sensitive bay-delta environment.
The Bay Area Regional Water Recycling Program is a partnership between 17 local bay area water and wastewater agencies, the California Department of Water Resources and the U.S. Bureau of Reclamation that is dedicated to maximizing water recycling throughout the region. The regional approach taken by the bay area project sponsors ensures that projects with the greatest regional, statewide, and national benefits receive the highest priority for implementation.
This bill would authorize the U.S. Bureau of Reclamation to participate in seven bay area water recycling program projects that are closest to completion. Each community with a project would be eligible to receive 25 percent of the project's construction cost. The total cost of the seven projects is $110 million, but the Federal Government's share is only $27.5 million. State funding is available for these projects.
For the most part, the projects are ready to proceed and start delivering their benefits the projects having been repeatedly vetted, both internally at the local level and through the various steps of the Federal review process but Federal funding is needed to make implementation a reality and to allow the many benefits of these projects to be realized.
Specifically, the bill would authorize the Secretary of the Interior to participate in the following bay area water reuse projects: Antioch Recycled Water project--Delta Diablo Sanitation District, city of Antioch; North Coast County Water District Recycled Water project-- North Coast County Water District; Mountain View/Moffett Area Water Reuse Project--city of Palo Alto, city of Mountain View: Pittsburg Recycled Water Project-Delta Diablo Sanitation District, city of Pittsburg; Redwood City Recycled Water project--city of Redwood; South Santa Clara County Recycled Water Project-Santa Clara Valley Water District, South County Regional Wastewater Authority; and, South Bay Advanced Recycled Water Treatment Facility--Santa Clara Valley Water District, city of San Jose.
These seven projects are estimated to make 12,205 acre-feet of water available annually in the short term, and 37,600 acre-feet annually in the long term, all while reducing demand on the delta and on existing water infrastructure.
Congressman George Miller introduced a companion bill, H.R.1526, in the House on March 14, 2007. The bill was cosponsored by other bay area lawmakers, including Representatives Anna Eshoo, Ellen Tauscher, Jerry McNerney, Tom Lantos, Mike Honda; Zoe Lofgren, and Pete Stark.
Water recycling offers great potential to States like California that suffer periodic droughts and have limited fresh water supplies. To address these issues, the bill would establish a partnership between the Federal Government and local communities to implement a regional water recycling program in the bay area. I urge my colleagues to join in support of this legislation.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today with Senators Barbara Boxer and Daniel Inouye to introduce legislation that would authorize the National Park Service to conduct a special resource study of the Tule Lake Segregation Center, a World War II-era Japanese American internment camp, located in Northern California.
My colleagues in the House of Representatives, Congressman John Doolittle and Congresswoman Doris Matsui, also are introducing companion legislation today.
In 1942, as part of a wave of anti-Japanese sentiment following the attack on Pearl Harbor, Franklin D. Roosevelt signed Executive Order 9066 to authorize the U.S. military to incarcerate Japanese American families from California and other west coast States, in violation of their due process rights afforded to all Americans.
Over the years, California's political leaders have led a national bipartisan effort to ensure that this chapter in American history is not forgotten.
In 1992, my colleagues in the California congressional delegation passed bi-partisan legislation to establish the Manzanar National Historic Site, the Nation's first unit of the National Park System dedicated to telling the story of the wrongful internment of the Japanese American community during World War II.
I am pleased to say that Manzanar has been a terrific success story. My colleague Representative Jerry Lewis and I were able to secure Federal appropriations to refurbish the camp auditorium to accommodate the tens of thousands of visitors to the site. Last year, nearly 90,000 people visited the Manzanar National Historic Site to learn about this unfortunate chapter in United States history.
As part of the Manzanar legislation, Congress directed the National Park Service to conduct a study of the other camp sites and to recommend National Historic Landmark designation for these sites. Based on this study, the Department of the Interior designated Tule Lake as a National Historic Landmark last year, upon finding that the remaining 42 acres of federally owned land at the site possesses national significance.
Of all of the camp sites, Tule Lake has retained some of the most significant historic features dating back to the internment. The federally owned lands include numerous camp buildings in their original locations, most notably the camp stockade, which was a ``jail within a jail.'' The finding of the site's national significance by the Secretary of the Interior last year is a key step forward in the process to evaluate the site's potential for management by the National Park Service.
Over the past several years, the Tule Lake Preservation Committee, the Japanese American Citizens League, the Japanese American National Museum and other local, regional and national partners have worked with Modoc County and the local community to develop a recommendation to study the potential for designation of the Tule Lake Segregation Center as a National Historic Site. I am pleased that this legislation has been endorsed by the Modoc County Board of Supervisors.
Although the Tule Lake Segregation Center is already a National Historic Landmark, the 42-acre site is not managed by the National Park Service. This bill would authorize the National Park Service to study the feasibility and suitability of managing the Federal lands at Tule Lake as a 42-acre National Historic Site, to be managed as part of the Lava Beds National Monument. Through this legislation, the NPS will develop various management alternatives for the site and give the public an opportunity to comment on the alternatives, through a public process. In light of the recent National Park Service work to prepare the national historic landmark designation, the cost to complete this study is quite modest. Upon completion of the study, the NPS would transmit the study to Congress for review.
This year marks the 65th anniversary of the internment of Japanese- Americans, when the Federal Government ordered Japanese American men, women and children to report to temporary assembly centers, including 13 centers in California. Many families were broken up as fathers were sent to prisons, work camps and Department of Justice camps hundreds of miles away. Without hearings or any evidence of disloyalty, Japanese- American families were transported to assembly centers in April and May of 1942. The largest assembly center was at the Santa Anita racetrack, which held over 18,000 people in horse stalls and other makeshift quarters.
Deprived of their basic constitutional rights, Japanese-American citizens and resident aliens were held in these centers until the U.S. government built more permanent camps in 10 locations in California and throughout the Western States and Arkansas. Together, these camps held over 120,000 Japanese Americans, of which about three quarters were living in California before the war.
My good friend, the late-Representative Robert Matsui, was just an infant when his family was ordered from their home in Sacramento to the Pinedale Assembly Center. From there, he was sent to the Tule Lake, Segregation Center in Modoc County, CA not far from the Oregon border.
Like the other camps, the Tule Lake Relocation Center was constructed in a remote area, on a large tract of federally owned land, managed by the U.S. Bureau of Reclamation. Prisoners there held frequent demonstrations and strikes, demanding their rights under the U.S. Constitution. As a result, Tule Lake was made a ``segregation camp,'' and internees from other camps who had refused to take the loyalty oath or had caused disturbances were sent there.
Despite these injustices, many young men in camp answered the call to serve in the U.S. Army and demonstrated their loyalty to the United States and to defend the same basic constitutional freedoms that had been violated by the U.S. Government's actions. Japanese Americans served with great valor and bravery in Europe, including our colleague Senator Daniel Inouye.
During its operation, Tule Lake was the largest of the 10 camps, with 18,789 people housed in makeshift barracks. Opened on May 27, 1942, Tule Lake was one of the last camps to be closed, staying open until March 20, 1946, 7 months following the end of World War II.
Following World War II, our Nation has recognized that the forced evacuation and incarceration of Japanese Americans was wrong and that there was no basis to question the loyalty and patriotism of Japanese Americans.
The internment of Japanese Americans during World War II was a grim chapter in America's history. Conducting this special resources study,
and the potential creation of the Tule Lake National Historic Site, will help ensure that we honor surviving internees during their lifetime and will serve as a lasting reminder of our ability to inflict pain and suffering upon our fellow Americans.
It is important that we recognize the historic significance of Tule Lake Segregation Center within the lifetimes of the few surviving Japanese-American internees, before many of their stories are lost.
I urge my colleagues to join me in supporting this legislation. I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, for the sake of our security, economy and environment, America needs a comprehensive energy policy that is independent of foreign energy sources and weans America off of fossil fuels.…
Mr. President, for the sake of our security, economy and environment, America needs a comprehensive energy policy that is independent of foreign energy sources and weans America off of fossil fuels.
Last year, I introduced comprehensive energy legislation that would address the many challenges across our economy to achieving sustainable energy independence. I am very hopeful that this Congress will soon take steps to bring forward a comprehensive energy bill that will address many of the areas I believe are essential to this effort. I have cosponsored many of the individual planks of this comprehensive effort, and today I want to address how we can ensure that this energy policy does not have an expiration date or fall short of its laudable goals.
Today I am introducing the Energy Independence Act.
The Energy Independence Act will deliver energy independence to Americans by providing an energy plan that has the capacity to change with innovation. My bill will ensure that our energy policy will increase the efficiency and decrease the environmental impact of America's energy policy, and encourage our energy policy to adapt to our needs and abilities.
My bill will set a congressional goal of achieving energy independence by 2017. ``Energy independence'' is defined as meeting all but 10 percent of our energy needs from domestic energy sources. The bill will also set a congressional goal of achieving independence from fossil fuels by 2037.
My bill will also create a Blue Ribbon Energy Commission, which will meet every two years starting in 2009, to evaluate our progress in efforts to become energy independent, and to recommend changes to be made in reports to Congress.
These are achievable goals.
Petroleum, mostly used for transportation, accounts for 84 percent of our imported energy. Transportation accounts for roughly 28 percent of our energy use. I support raising CAFE standards, and have cosponsored S. 357, legislation by Senator Feinstein which would raise these standards to 35 miles per gallon by 2019. Studies show that raising CAFE standards to 40 miles per gallon would save over 36 billion gallons of gas per year, and creating efficiency standards for replacement tires would save more than 7 billion barrels of oil over the next 50 years. Creating incentives for commuting by train or bus, and funding upgrades and new starts in public transit services, such as the purple line of the DC metro, will also make a difference--in an average year, the round trip to work uses over 250 gallons of gas and creates about 5,000 pounds of carbon dioxide emissions.
As part of a comprehensive energy bill we should also be mindful of the long-term effects of our energy policy on the environment, our landscape, and our health. I cosponsored S. 309, legislation by Senators Sanders and Boxer that provides for an economy-wide emissions cap and trade program. Enacting an economy-wide cap and trade program will ensure that our energy policy will be truly sustainable.
America currently gets only 6.3 percent of its energy from renewable energy sources. Current ideas for addressing this problem focus on trying to make the large up-front investment in infrastructure required to produce renewable energy less daunting, by creating a long-term market for renewable energy through increasing the Federal Government's use of renewables and creating a Federal renewable portfolio standard to make utilities offer renewable energy to American consumers, and by making incentives like the renewable production tax credit permanent. I support creating Federal renewable portfolio standard, and will cosponsor legislation to be offered by Senator Bingaman to do so. I have also cosponsored S. 590, Senator Smith's legislation that would extend solar tax incentives through 2016, while expanding these incentives to cover more of the up-front investment required to use solar energy.
In order to get to energy independence we must substantially increase our investment in energy research. I cosponsored S. 761, Senator Reid's America COMPETES Act, which will increase R&D funding for the Department of Energy, increase the DOE's emphasis on advanced energy research to overcome the long-term and high-risk technological barriers to the development of energy technologies, and implement recommendations made by the National Academies of Sciences report Rising Above a Gathering Storm.
I will be advocating other areas of energy policy reform, including increasing funding for weatherization, providing incentives for telecommuting, and providing additional energy efficiency standards for appliances.
We can do better, and the one overarching theme in the quest for a sustainable, long-term energy policy is the need to be able to be flexible and change our energy policy to suit our needs, capacity, research and development. My bill will give us the ability to provide long-term, bipartisan solutions that will address our energy policy going forward, and give us the flexibility, and the considered solutions of experts, to give the American people the energy policy they deserve.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, today I rise to introduce the Voluntary Medicare Quality Reporting Act of 2007. I thank my good friend, the gentleman from Pennsylvania, Mr. Specter, for joining me in this effort. This is an important bill for tens of millions of Medicare beneficiaries, for the physicians, nurse practitioners and allied health professionals who treat them, and for the future of the Medicare program.
At the end of this year, providers will again face the prospect of an across-the-board cut in their Medicare reimbursements. The scheduled cut for 2008 is the largest ever, 9.9 percent. These cuts are the result of a flawed reimbursement system created in 1997 that uses the Sustainable Growth Rate formula, or SGR, to determine an acceptable increase in the growth of provider expenditures.
Medicare reimbursements increase when the previous year's payments do not exceed a target level that is based on the growth of our economy. However, when the previous year's payments exceed that target level, reimbursements are cut. According to MedPAC, the SGR formula would reduce Medicare provider reimbursements by 40 percent over the next eight years if Congress does not act. MedPAC is also concerned that over the next several years these reductions ``would threaten beneficiary access to physician services over time, particularly those provided by primary care physicians.'' MedPAC recognizes the importance of provider participation in the Medicare program, particularly in our rural and underserved urban areas where the decision to not accept new Medicare patients can make all the difference in seniors' access to medical care.
Congress recognizes this as well, and so we have intervened to prevent scheduled cuts resulting from SGR from taking effect. For all except the newest members of this body, this process of enacting a ``physician fix'' is a familiar scenario. For the past four years, Congress has acted to prevent these cuts to providers, usually through a last-minute provision added to a must-pass bill.
In the 109th Congress, I introduced bipartisan legislation implementing MedPAC's recommendations and calling for Congress to repeal the SGR formula and update provider reimbursements by the cost of care. Replacing SGR will require a thoughtful and protracted process involving the input of lawmakers and the provider community, and it is costly, but it is something that we must do.
The most recent ``fix'' was made to the 2006 Tax Relief and Health Care Act, Public Law 109-432. That law froze payment rates, staving off an across-the-board cut of 5.1 percent. Congress also added a quality reporting system called the Physician Quality Reporting Initiative program PQRI, which made providers eligible for a bonus payment of 1.5 percent of their total allowed Medicare charges if they report to HHS on certain quality measures starting in July 2007.
This new system is also known as ``pay-for-reporting,'' and it is based on the concept that physicians should receive an increase in Medicare reimbursement only once they have participated in extensive quality reporting. Across my State, I have heard serious concerns that this will lead to a mandatory reporting system in the near future, and that we will soon see an untested ``pay-for-performance'' system in place.
Now, I think all my colleagues would agree that our seniors deserve the highest quality care. But in our quest for improved quality, we must answer two questions here: should we proceed with an untested system of reporting requirements just for the sake of reporting, and will we actually achieve better care for our seniors via the PQRI.
I am very concerned about implementing reporting requirements that have not been tested. I believe that we must have the right process in place for defining a quality reporting system for services provided to Medicare beneficiaries by health care professionals. We should not be establishing reporting requirements for health professionals just for the sake of reporting, and we should not be moving forward with this system until we have adequate time to evaluate each stage of its development.
Current law does not provide sufficient time to assess the appropriateness and effectiveness of this new system. Nor do they take into account the fact that most physicians and other health professionals have no experience in quality reporting and do not have in place the necessary health information technology and administrative infrastructures to participate in a reporting system.
The bill I am introducing today will assure that health professionals will be at the center of the process for defining areas where quality measures are needed, as well as for defining the relevant measures themselves. Why is this important? Health professionals must be actively engaged in developing and implementing an effective reporting system because they are on the front lines of health care delivery, and they best understand the nexus between care delivery and quality measurement. The development process for quality measures must be transparent and consistent for all health professionals because they are the ones who will determine its successful implementation.
Additionally, quality measures should be tested across a variety of specialties and practice settings before they are included in a reporting system because measures must be clinically valid to be relevant for defining quality, and because physicians and health professionals practice in a variety of settings, for example: small vs. large practices, urban vs. suburban vs. rural locations, office-based vs. hospital-base practices.
Most importantly, we should not be using hastily devised quality measures to justify reimbursement cuts. There are some who advocate pay-for-performance as a way to slow the growth of physician spending. They think we can accomplish lower physician expenditures by setting arbitrary standards and then cutting payments to physicians who fail to meet them. But across America, there are practices that would face tremendous obstacles in meeting such standards: they lack of the information technology necessary to document and report standards in a timely manner; they see patients with economic and language barriers that will result in higher noncompliance rates; they treat a patient population for whom ethnic and racial differences require different clinical interventions than for other patients. Ignoring these considerations will not only fail to dramatically improve quality, it will significantly penalize providers who treat traditionally underserved populations.
This bill provides an opportunity to thoughtfully and carefully develop effective quality measures that reflect differences in practice patterns, to share our findings, and to determine and encourage the most cost-effective methods of providing the highest quality care.
Rather than moving forward precipitously in 2008 with a permanent Medicare quality reporting system after a transitional 6-month period this year, as current law requires, our bill, the Voluntary Medicare Quality Reporting Act of 2007, instead would establish a more realistic timeline for quality measure reporting by health professionals. It does so by:
Requiring the Secretary first to evaluate the 6-month transitional reporting system and reporting findings to the Congress by June 1, 2008;
Requiring the Secretary to undertake demonstrations for defining appropriate mechanisms whereby health professionals may provide data on quality measures to the Secretary through an appropriate medical registry;
Allowing physicians and other eligible professionals to continue reporting to the Secretary quality measures developed for 2007, in order for the Secretary to refine systems for reporting quality measures;
After completion of the evaluation, phasing in a permanent Voluntary Medicare Quality Reporting Program, with implementation beginning January 1, 2010, based on a consistent set of rules that define an orderly and transparent process of quality measure development;
Requiring that the Physician Consortium for Performance Improvement of the American Medical Association be the beginning point for the designation of clinical areas where quality measures are needed;
Having the Consortium, in collaboration with physician specialty organizations and other eligible professional organizations, develop and propose quality measures to a consensus organization such as the National Quality Forum for endorsement; and
Prohibiting the Secretary from using any measures that have not been recommended by the Consortium and endorsed by the consensus organization.
I am confident that with all of these measures we will achieve a successful and effective quality reporting system that will truly make a difference in the quality of care that our Medicare beneficiaries receive. At the end of this year, as Congress moves forward to address the physician reimbursement issue, I urge my colleagues to support this rational approach to promoting quality and guaranteeing access to care.
Mr. President, broadband communications are quickly becoming the great economic engine of our time. Broadband deployment drives opportunities for business, education, and healthcare. It provides…
Mr. President, broadband communications are quickly becoming the great economic engine of our time. Broadband deployment drives opportunities for business, education, and healthcare. It provides widespread access to information that can change the way we communicate with one another and improve the quality of our lives. From our smallest rural hamlets to our largest urban centers, communities across this country should have access to the opportunities ubiquitous broadband can bring. The state of our broadband union should be broadband for all.
But the news on this front is not all good. Last month, the Organization for Economic Cooperation and Development reported that the United States has fallen to 15th in the world in broadband penetration. In some Asian and European countries, households have high-speed connections that are 20 times faster than ours, for half the cost. While some will debate what, in fact, these rankings measure, one thing that cannot be debated is the fact that we continue to fall precipitously down the list. In 2000 the United States ranked 4th; last year we dropped to 12th; and just last month we dropped to 15th. The broadband bottom line is that too many of our international counterparts are passing us by. For this we are paying a price. Some experts estimate that universal broadband adoption would add $500 billion to the U.S. economy and create more than a million new jobs.
In a digital age, the world will not wait for us. It is imperative that we get our broadband house in order and our communications policy right. But we cannot manage what we do not measure. So the first step in an improved broadband policy is ensuring that we have better data on which to build our efforts.
That is why I am here today to introduce the Broadband Data Improvement Act. This legislation will improve the quality of Federal and State data regarding the availability of broadband service. This, in turn, can be used to craft policies that will increase the availability of affordable broadband service in all parts of the Nation. This legislation will improve broadband data collection at the Federal Communications Commission and Bureau of the Census. It will direct the Comptroller General and the Small Business Administration to study our broadband challenge. It will encourage State initiatives to improve broadband adoption by establishing a State broadband data and development grant program that will authorize $40 million for each of fiscal years 2008 through 2012.
With too many of our industrial counterparts ahead of us, we sorely need the kind of granular data that will inform our policies and propel us to the front of the broadband ranks. I believe that the Broadband Data Improvement Act will give us the tools to make this happen.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, the telecommunications industry started in this country as a series of wires criss-crossing the country to provide simple telegraph service. The telegraph allowed people to communicate from coast to coast in a matter of minutes, which was a marked improvement over the days required to deliver postal correspondence via the pony express. The industry quickly evolved from those initial telegraph lines with Alexander Graham Bell's invention of the telephone. This revolutionized telecommunications and created a multi- billion dollar industry.
Today, telecommunications accounts for 3 percent of this country's gross domestic income, or roughly $335 billion. It employs over 1.25 million U.S. workers. The industry is a critical driver of U.S. economic growth and innovation. Historically, advances in telecommunications resulted from AT&T's steady funding of Bell Laboratories, the world-famous research facility that discovered the transistor, the laser, radar and sonar, digital signal processors, cellular telephone technology, and data-networking technology. Indeed, research in this last field, data-networking, is the basis of the 21st century's greatest resource, the Internet.
However, today, the pace of innovation in the United States is no longer as swift or as certain. For example, much of the world's wireless technologies come from Europe, and many of the handsets are designed and manufactured in other countries like China and South Korea. Part of the problem is the decline of Bell Labs, but financial pressures from Wall Street to perform in the short-term are also partly to blame. Companies can no longer afford to invest in basic, fundamental telecommunications research with project horizons beyond 5 years. Unless we can reverse this trend, I fear that the United States may fall permanently behind in the telecommunications innovation race.
That is why I am here today, to introduce the advanced Information and Communications Technology Research Act. By rededicating our efforts to the pursuit of innovation through basic, fundamental research, we can begin to restore our Nation's historic leadership in this critical industry. Toward that end, the legislation that I am introducing today will establish a telecommunications program within the National Science Foundation to focus research on the development of affordable advanced communications services in America. It would authorize $40 million in fiscal year 2008, increasing in $5 million increments to reach $60 million in FY 2012. The bill would also establish a Federal Advanced Information and Communications Technology Board within NSF to advise the program on appropriate research topics. Finally, the bill would accelerate efforts initiated almost 4 years ago to promote spectrum sharing technologies. It would require NTIA and the FCC to initiate a pilot program within 1 year that would make a small portion of spectrum available for shared use between Federal and nonFederal government users.
I look forward to working with my colleagues on this legislation in the weeks ahead.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, foreign registered ships now carry 97 percent of the imports and exports moving in the U.S. international trade. These foreign vessels are held to lower standards than U.S. registered ships, and are, virtually, untaxed. Therefore, their costs of operation are lower than U.S. ship operating costs, which explains their 97 percent market share.
Three years ago, in order to help level the playing field for U.S. flag ships that compete in international trade, Congress enacted, under the American Jobs Creation Act of 2004, Public Law 108-357, Subchapter R, a ``tonnage tax'' that is based on the tonnage of a vessel, rather than taxing the U.S. flag ship's international income at a 35 percent corporate income tax rate. However, during the House and the Senate conference, language was included, which states that a U.S. vessel cannot use the tonnage tax on international income if that vessel also operates in U.S. domestic commerce for more than 30 days per year.
This 30-day limitation dramatically limits the availability of the tonnage tax for those U.S. ships that operate in both domestic and international trade and, accordingly, severely hinders their competitiveness in foreign commerce. It is important to recognize that ships operating in U.S. domestic trade already have significant cost disadvantages vis-a-vis U.S. ships operating in international trade. Specifically, U.S-flag ships that operate solely in international trade: 1. are built in foreign shipyards at one-third U.S. shipyard prices; 2. receive $2.6 million per ship per year in Federal maritime security payments in return for making these vessels available to the Department of Defense in time of national emergency; and 3. are owned by U.S. subsidiaries of foreign corporations. By contrast, U.S. flag ships that operate both in international trade a domestic trade are: 1. built in higher priced U.S. shipyards; 2. do not receive maritime security payments, even when operated in international trade, but have the same commitments to the Department of Defense; and 3. are owned by U.S.-based American corporations. Furthermore, the inability of these domestic operators to use the tonnage tax for their international service is an unnecessary burden on their competitive position in foreign commerce.
When windows of opportunity present themselves in international trade, American tax policy and maritime policy should facilitate the participation of these American-built ships. Instead, the 30-day limit makes them ineligible to use the tonnage tax, and further handicaps American vessels when competing for international cargo. Denying the tonnage tax to coastwise qualified ships further stymies the operation of American built ships in international commerce, and further exacerbates America's 97 percent reliance on foreign ships to carry its international cargo.
These concerns were of such sufficient importance that in December 2006, the Congress repealed the 30-day limit on domestic trading but only for approximately 50 ships operating in the Great Lakes. These ships primarily operate in domestic trade on the Great Lakes, but also carry cargo between the United States and Canada in international trade Section 415 of P.L. 109-432, the Tax Relief and Health Care Act of 2006.
The identifiable universe of remaining ships other than the Great Lakes ships that operate in domestic trade, but that may also operate temporarily in international trade, totals 13 U.S. flag vessels. These 13 ships normally
operate in domestic trades that involve Washington, Oregon, California, Hawaii, Alaska, Florida, Mississippi, and Louisiana. In the interest of providing equity to the U.S. corporations that own and operate these 13 vessels, my bill would repeal the tonnage tax 30-day limit on domestic operations and enable these vessels to utilize the tonnage tax on their international income so they receive the same treatment as other U.S. flag international operators. I stress that, under my bill, these ships will continue to pay the normal 35 percent U.S. corporate tax rate on their domestic income.
Repeal of the tonnage tax's 30-day limit on domestic operations is a necessary step toward providing tax equity between U.S. flag and foreign flag vessels. I strongly urge the tax writing committees of the Congress to give this legislation their expedited consideration and approval. I ask unanimous consent that the text of the bill be printed in the Record.
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 August 1, 2007, at 9:30 a.m., to mark up S.…
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 August 1, 2007, at 9:30 a.m., to mark up S. 1677, the Currency Reform and Financial Markets Access Act of 2007; S. 1518, the Community Partnership to End Homelessness Act of 2007; an original bill entitled the FHA Modernization Act of 2007; an original bill entitled the Housing Assistance Authorization Act of 2007; an original bill entitled the Private Student Loan Transparency and Improvement Act of 2007; and an original bill entitled the Commission on National Catastrophe Risk Management and Insurance Act of 2007.
Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to hold a hearing during the session of the Senate on Wednesday, August 1, 2007, at 2:30 p.m., in room 253 of the Russell Senate Office Building.
The U.S. Department of Commerce and its component bureaus are responsible for the stewardship, protection, and scientific understanding of our ocean environment and its resources, effective use and growth of the Nation's technological resources, and promoting U.S. trade and tourism. The oversight hearing will examine the Department's effectiveness in implementing these goals.
Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to hold a hearing during the session of the Senate on Wednesday, August 1, 2007, at 9:30 a.m. in room SD-366 of the Dirksen Senate Office Building.
The purpose of this hearing is to receive testimony on recent advances in clean coal technology, including the prospects for deploying these technologies at a commercial scale in the near future.
Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, August 1, 2007, at 9:30 a.m. to hold a hearing on Africa.
Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to meet in executive session during the session of the Senate on Wednesday, August 1, 2007 at 10 a.m. in the LBJ Room, S-211, of the Capitol building. We will be considering the following:
1. S. 625, Family Smoking Prevention and Tobacco Control Act
2. S. 1183, Christopher and Dana Reeve Paralysis Act
3. S. 579, Breast Cancer and Environmental Research Act of 2007
4. S. 898, Alzheimer's Breakthrough Act of 2007
5. S. 1858, Newborn Screening Saves Lives Act of 2007
6. The Following Nominations: Diane Auer Jones, of Maryland, to be Assistant Secretary for Postsecondary Education, Department of Education; David C. Geary, of Missouri, to be a member of the Board of Directors of the National Board for Education Sciences; Miguel Campaneria, of Puerto Rico, to be a member of the National Council on the Arts; and any nominations ready for action.
Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to meet on Wednesday, August 1, 2007, at 10 a.m. in order to conduct business meeting to consider pending committee business.
Agenda
Nominations: The Honorable James A. Nussle to be Director, Office of Management and Budget; Dennis R. Schrader to be Deputy Administrator for National Preparedness, Federal Emergency Management Agency, U.S. Department of Homeland Security.
Legislation: S. 680, Accountability in Government Contracting Act of 2007; H.R. 1254, Presidential Library Donation Reform Act of 2007; S. __, an original bill to provide for the flexibility of certain disaster relief funds, and for improved evacuation and sheltering during disasters and catastrophes; S. 1000, Telework Enhancement Act of 2007; S. 1446, National Capital Transportation Amendments Act of 2007; S. 547, Effective Homeland Security Management Act of 2007; S. 1245, a bill to reform mutual aid agreements for the National Capital Region; S. 597, a bill to extend the special postage stamp for breast cancer research for 2 years.
Post Office Naming Bills: H.R. 2570/S. 1732, a bill to designate the facility of the United States Postal Service located at 301 Boardwalk Drive in Fort Collins, Colorado, as the ``Dr. Karl E. Carson Post Office Building''; S. 1772, a bill to designate the facility of the United States Postal Service located at 127 South Elm Street in Gardner, Kansas, as the ``Private First Class Shane R. Austin Post Office''; S. 1781, a bill to designate the facility of the United States Postal Service located at 118 Minner Avenue in Bakersfield, California, as the ``Buck Owens Post Office''; H.R. 2127, a bill to designate the facility of the United States Postal Service located at 408 West 6th Street in Chelsea, Oklahoma, as the ``Clem Rogers McSpadden Post Office Building''; H.R. 2563/S. 1539, a bill to designate the facility of the United States Postal Service located at 309 East Linn Street in Marshalltown, Iowa, as the ``Major Scott Nisely Post Office''; S. 1596, a bill to designate the facility of the United States Postal Service located at 103 South Getty Street in Uvalde, Texas, as the ``Dolph S. Briscoe, Jr., Post Office Building''; H.R. 1722, a bill to designate the facility of the United States Postal Service located at 601 Banyan Trail in Boca Raton, Florida, as the ``Leonard W. Herman Post Office''; H.R. 1425, a bill to designate the facility of the United States Postal Service located at 4551 East 52nd Street in Odessa, Texas, as the ``Staff Sergeant Marvin `Rex' Young Post Office Building''; H.R. 2078, a bill to designate the facility of the United States Postal Service located at 14536 State Route 136 in Cherry Fork, Ohio, as the ``Staff Sergeant Omer `O.T.' Hawkins Post Office''; H.R. 2077, a bill to designate the facility of the United States Postal Service located at 20805 State Route 125 in Blue Creek, Ohio, as the ``George B. Lewis Post Office Building''; H.R. 1617, a bill to designate the facility of the United States Postal service located at 561 Kingsland Avenue in University City, Missouri, as the ``Harriet F. Woods Post Office Building''; H.R. 2025, a bill to designate the facility of the United States Postal service located at 11033 South State Street in Chicago, Illinois, as the ``Willye B. White Post Office Building''; H.R. 1335, a bill to designate the facility of the United States Postal service located at 508 East Main Street in Seneca, South Carolina, as the ``S/Sgt Lewis G. Watkins Post Office Building''; H.R. 1260, a bill to designate the facility of the United States Postal service located at 6301 Highway 58 in Harrison, Tennessee, as the ``Claude Ramsey Post Office''; H.R. 1434, a bill to designate the facility of the United States Postal Service located at 896 Pittsburgh Street in Springdale, Pennsylvania, as the ``Rachel Carson Post Office Building.''
Mr. President, I ask unanimous consent that the Committee on Small Business and Entrepreneurship be authorized to meet during the session of the Senate in order to conduct a roundtable entitled ``Reauthorization of the Small Business Innovation Research Programs: National Academies' Findings and Recommendations,'' on August 1, 2007, at 10 a.m. in room 428A of the Russell Senate Office Building.
Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on August 1, 2007, at 2:30 p.m. to hold an open hearing.
Mr. President, I ask unanimous consent that the Committee on Homeland Security and Government Affairs' Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia be authorized to meet on Wednesday, August 1, 2007, at 2:30 p.m. in order to conduct a hearing entitled Building a Stronger American Diplomatic.
Mr. President, I ask unanimous consent that the Subcommittee on Water and Power of the Committee on Energy and Natural Resources be authorized to hold a hearing during the session of the Senate on Wednesday, August 1, 2007, at 2:30 p.m. in room SD-366 of the Dirksen Senate Office Building.
The purpose of the hearing is to receive testimony on the following bills: S. 1054 and H.R. 122, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Inland Empire regional recycling project and in the Cucamonga Valley Water District recycling project; S. 1472, to authorize the Secretary of the Interior to create a Bureau of Reclamation partnership with the North Bay Water Reuse Authority and other regional partners to achieve objectives relating to water supply, water quality, and environmental restoration; S. 1475 and H.R. 1526, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Bay Area Regional Water Recycling Program, and for other purposes; H.R. 30, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Eastern Municipal Water District Recycled Water
System Pressurization and Expansion Project; H.R. 609, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Central Texas Recycling and Reuse Project, and for other purposes; and H.R. 1175, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to increase the ceiling on the Federal share of the costs of phase I of the Orange County, California, Regional Water Reclamation Project.
Mr. President, today I will introduce the End Racial Profiling Act of 2007. Ending racial profiling in America has been a priority for me for many years. I worked with the senior Senator from New…
Mr. President, today I will introduce the End Racial Profiling Act of 2007.
Ending racial profiling in America has been a priority for me for many years. I worked with the senior Senator from New Jersey, Senator Lautenberg, back in 1999 on a bill to collect statistics on traffic stops, which is where the problem of racial profiling was first revealed. Many studies from around the country now confirm that racial profiling is indeed a real problem that wastes police resources and diminishes trust between police departments and the communities they protect.
In 2001, in his first State of the Union address, President Bush told the American people that ``racial profiling is wrong and we will end it in America.'' He asked the Attorney General to implement a policy to end racial profiling. The Department of Justice released a Fact Sheet and Policy Guidance addressing racial profiling in 2003, stating that racial profiling is wrong and ineffective and perpetuates negative racial stereotypes in our country. Though these guidelines are helpful, they do not end racial profiling and they do not have the force of law. Unfortunately, more than 6 years after the President's promise to the country, we have not yet ended racial profiling in this country.
The End Racial Profiling Act of 2007 will do what the President promised; it will help America achieve the goal of bringing an end to racial profiling. This bill bans racial profiling and requires Federal, State, and local law enforcement officers to take steps to end this practice.
Racial profiling is the practice by which some law enforcement agents treat differently African Americans, Latinos, Asian Americans, Arab Americans and others simply because of their race, ethnicity, national origin, or perceived religion. I have the utmost respect for law enforcement agents, and I believe that most of them do not engage in this practice. Nonetheless, reports in States from New Jersey to Florida, and Maryland to Texas all show that African Americans, Hispanics, and members of other minority groups were stopped by some police far more often than their share of the population and the crime rates for those racial categories.
Passing this bill is even more urgent after 9/11, as we have seen racial profiling used against Arab and Muslim Americans or Americans perceived to be Arab or Muslim. The 9/11 attacks were horrific, and I share the determination of many Americans that finding those responsible and preventing future attacks should be this Nation's top priority. This is a challenge that our country can and must meet. But to do that we need improved intelligence and law enforcement. Making assumptions based on racial, ethnic, or religious stereotypes will not protect our nation from crime or from future terrorist attacks.
A report released in May by the Department of Justice's Bureau of Justice Statistics, covering 2005 data, found that while an African American person is now almost equally likely to be stopped as a white person, he or she is more than two and a half times more likely to be searched, more than twice as likely to be arrested, and more than three and a half times more likely to experience the use of force. Yet, according to studies from multiple police jurisdictions, these encounters with law enforcement are less likely to reveal criminal activity on the part of African Americans than whites. The flagrancy of this flawed and irrational practice has led Harvard Law School professor Charles Ogletree to observe, ``If I'm dressed in a knit cap and hooded jacket, I'm probable cause.''
The disparities outlined above, which also apply to other ethnic groups, have led the International Association of Chiefs of Police to call for an end to racial profiling. In addition, police departments around the country have independently developed programs and policies to prevent racial profiling and comply with the Department of Justice's policy guidance. In my own State of Wisconsin, law enforcement officials have taken steps to train police officers, improve academy training, establish model policies prohibiting racial profiling, and improve relations with our State's diverse communities. I applaud the efforts of Wisconsin law enforcement. This is excellent progress and shows widespread recognition that racial profiling harms our society. But like the DOJ policy guidance, local programs don't have the force of law behind them. The Federal government must step up, as President Bush promised. It must play a vital role in protecting civil rights and acting as a model for State and local law enforcement.
Now, perhaps more than ever before, our Nation cannot afford to waste precious law enforcement resources or alienate Americans by tolerating discriminatory practices. The mass detention of hundreds of Middle Eastern and Arab men on minor violations after 9/11, for example, resulted in not a single terrorism charge. These detentions did, however, shatter the lives of many people with no connection to terrorism whatsoever through lengthy disappearances, detentions, and deportations.
Similarly, when the Federal Government required the registration of individuals from Arab or Muslim countries in 2002, between 500 and 1,000 registrants who voluntarily complied were detained in the Los Angeles/Orange County area alone. Such heavy-handed tactics do not help us in fighting terrorism--they shut off dialogue and make good people unwilling to risk interaction with their Government. Treating sympathetic communities as suspicious ones is counterproductive, and it is wrong.
It is past time for Congress and the President to enact comprehensive Federal legislation that will end racial profiling once and for all. In clear language, the End Racial Profiling Act of 2007 bans racial profiling. It defines racial profiling in terms that are consistent with the Department of Justice's Policy Guidance. But this bill does more than prohibit and define racial profiling--it gives law enforcement agencies and officers the tools necessary to end the harmful practice. For that reason, the End Racial Profiling Act of 2007 is a pro-law enforcement bill.
This bill would allow the Justice Department or individuals to enforce the prohibition by filing a suit for injunctive relief. The bill would also require Federal, State, and local law enforcement agencies to adopt policies prohibiting racial profiling, implement effective complaint procedures or create independent auditor programs, implement disciplinary procedures for officers who engage in the practice, and collect data on routine and spontaneous investigatory activities. In addition, it requires the Attorney General to report to Congress so Congress and the American people can monitor whether the steps outlined in the bill to prevent and end racial profiling have been effective.
This bill also authorizes the Attorney General to provide incentive grants to help law enforcement comply with the ban on racial profiling, including funds to conduct training of police officers or purchase in- car video cameras.
Like the bill I introduced in 2005, this year's bill contains a significant improvement over previous versions. In some early proposals, DOJ grants for State and local law enforcement agencies were tied to the agency having some kind of procedure for handling complaints of racial profiling. At the suggestion of experts in the field, the bill now requires law enforcement agencies to adopt either an administrative complaint procedure or an independent auditor program to be eligible for DOJ grants. The Attorney General must promulgate regulations that set out the types of procedures and audit programs that will be sufficient. We believe that the independent auditor option will be preferable for many local law enforcement agencies, and such programs have proven to be an effective way to discourage racial profiling. Also, the Attorney General is required to conduct a 2-year demonstration project to help law enforcement agencies with data collection.
Let me emphasize that local, State, and Federal law enforcement agents play a vital role in protecting the public from crime and protecting the Nation from terrorism. The vast majority of law enforcement agents nationwide discharge their duties professionally and without bias and we are all indebted to them for their courage and dedication. This bill should not be misinterpreted as a criticism of those who
put their lives on the line for the rest of us each and every day. Rather, it is a statement that the use of race, ethnicity, religion, or national origin in deciding which persons should be subject to traffic stops, stops and frisks, questioning, searches, and seizures is wrong and ineffective, except where there is specific information linking persons of a particular race, ethnicity, religion, or national origin to a crime.
The provisions in this bill will help restore the trust and confidence of the communities that our law enforcement have pledged to serve and protect. That confidence is crucial to our success in stopping crime and in stopping terrorism. The End Racial Profiling Act of 2007 is good for law enforcement and good for America.
I urge the President to make good on his pledge to end racial profiling, and I urge my colleagues to join me in supporting the End Racial Profiling Act of 2007.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
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Mr. President, I come to the floor today to speak about a very important, and timely issue, for constituents all along the Gulf Coast, as well as coastal residents along the Atlantic seaboard, the…
Mr. President, I come to the floor today to speak about a very important, and timely issue, for constituents all along the Gulf Coast, as well as coastal residents along the Atlantic seaboard, the need for accurate hurricane forecasting and tracking. This issue is particularly timely with the 2007 Atlantic Hurricane season beginning next week. According to the National Hurricane Center, 2007 is estimated to have between 13 to 17 named storms, 7 to 10 hurricanes, and 3 to 5 major hurricanes. When I hear ``three to five major hurricanes'' I have to admit it makes me and my constituents a little nervous because, in 2005, as the world is well aware, we had another active hurricane season with three major storms, Katrina, Rita and Wilma impacting the Gulf Coast States. Two of these powerful storms, Katrina and Rita, slammed into my State of Louisiana. We lost hundreds of lives and thousands of businesses as a result. To this day, the region is still slowly recovering, but by all accounts, the loss of life and property could have been much worse had we not had top notch forecasting and tracking of these storms. Accurate monitoring of these storms, from their development in the Gulf and Atlantic Ocean, until they slammed into the Gulf Coast, literally saved lives as thousands of residents were able to evacuate from the impacted areas. This accurate forecast, showing residents if they are in the possible ``danger zone,'' is provided by the experts in the National Hurricane Center but they cannot do their job without the necessary data. Such data is provided via buoys in the water, Hurricane Hunter Aircraft, radar stations on the ground, as well as satellites.
With recent advances in technology, I believe sometimes we take for granted these satellites, which are so far removed from our daily existence as to be ``out of sight, out of mind.'' However, they are a major part of our daily lives as satellites now provide us with our radio stations, give us driving directions, bring us our favorite television shows. These same satellites also give us views of distant galaxies/stars and allow us to see weather patterns days before they come through our towns. It is this use of weather tracking satellites of which I would like to highlight with the upcoming hurricane season. As Hurricane Katrina showed us, Federal and State response plans are not worth the paper they are printed on if you do not know where or when the disaster might strike. No amount of satellite phones or stockpiles of supplies are helpful if they are on the other side of the country when a disaster hits. Pre-positioning personnel and supplies ahead of a disaster, as well as efficient evacuations of residents from a possible disaster area depends just as much on accurate weather forecasting as it does on efficient planning. That is why these weather satellites are so key, they allow experts to say with some certainty that one area will be out of harm's way while another area is in potential danger.
One of these weather satellites is the Quick Scatterometer, or QuikSCAT satellite. QuikSCAT is an ocean-observing satellite launched in June 1999 to replace the capability of the National Aeronautics and Space Administration Scatterometer, NSCAT, satellite. The NSCAT lost power in 1997, 9 months after launch in September 1996. QuikSCAT has the objective of improving weather forecasts near coastlines by using wind data in numerical weather-and-wave prediction. It also was launched with the purpose of improving hurricane warning/monitoring as well as serving as the next ``El Nino watcher'' for NASA. This particular satellite was instrumental in accurate tracking of Tropical Storm, later Hurricane Katrina, as it provided NOAA experts with accurate data on the wind speed and direction for Katrina. It gives experts an estimate of the size of the tropical storm winds and the hurricane winds.
Given how important this satellite is for hurricane forecasting, many in Congress including myself are concerned as this essential satellite is currently 5 years over its intended 3 year lifespan and could fail at any moment. I am aware that there are ongoing discussions in terms of getting a replacement satellite for QuikSCAT but it is just that, discussions. As it stands today, there are currently no contingency plans in place should this satellite fail and no program in place to fast track a next-generation QuikSCAT. What would the impact be you ask if this satellite fails? Well, according to Bill Proenza, Director of the National Hurricane Center, without QuikSCAT, hurricane forecasting would be 16 percent less accurate 72 hours before hurricane landfall and 10 percent less accurate 48 hours before hurricane landfall. This loss of accuracy means a great deal for those impacted by future storms as experts would have to expand the area possibly impacted to fully ensure those impacted were properly warned. For example, a 16 percent loss of accuracy at 72 hours before landfall would increase the area expected to be under hurricane danger from 197 miles to 228 miles on average. With a 10 percent loss of accuracy at 48 hours before landfall, the area expected to be under hurricane danger would rise from 136 miles to 150 miles on average. Greater inaccuracy of this type would lead to more ``false alarm'' evacuations along the Gulf Coast and Atlantic Coast and, as a result, decrease the possibility of impacted populations sufficiently heeding mandatory evacuations. As someone who has spent my whole life in Louisiana and who has been through many hurricanes, I can tell you that if someone evacuates and then the storm turns or does not impact their area,
they are less likely to evacuate for the next storm. It is human nature and although Katrina has left many in my part of the country more attentive to evacuation orders, as time passes certainly people will not heed orders if inaccurate hurricane forecasts cause them to pack their belongings and rush away from their homes, only to have the storm hit another State. So it is essential to provide the National Hurricane Center and NOAA with the tools they need to get the forecast right and better prepare coastal residents for future hurricanes and storms.
With this in mind, I am introducing today the Improved Hurricane Tracking and Forecasting Act of 2007. I am proud to be joined on this legislation by Senators Kerry, Bill Nelson, and Martinez. My colleagues from Florida spend much time working on hurricane preparedness and I am honored to have their support on this bill, as well as the support from my friend from Massachusetts. This broad array of support from senators from both the Gulf Coast and Atlantic Coast shows how essential this particular satellite program is for our coastal residents. Furthermore, my colleague from Louisiana, Representative Charlie Melancon, introduced the House version of this bill along with Representative Ron Klein from Florida.
This is very straightforward bill as it authorizes $375 million for a new satellite. QuikSCAT is 5 years past its projected lifespan and a new replacement is needed so this bill fills the need. The funds would go to NOAA for the design and launch of an improved QuikSCAT satellite. This new satellite would take advantage of recent advances in technology and maintain continuity of operations for the current QuikSCAT weather forecasting and warning capabilities. To ensure that we are not left in another position like this, with an ailing satellite in space and no contingency plans for a replacement, this bill also institutes some reporting requirements for the new QuikSCAT satellite. When this satellite is launched, NOAA would be required to update Congress on the operational status of the satellite and its data capabilities. I believe this is a commonsense requirement which would put the Congress in a position in the future to fast track authorization or funding should it be necessary, rather than having to play catch up.
I strongly believe this bill is necessary to protect our coastal residents from future hurricanes. This is because, according to the U.S. Census Bureau, close to 53 percent of the U.S. population resides within the first 50 miles of the coast. You also have to take into account that although hurricanes usually hit the Gulf Coast or southern Atlantic Coast, hurricanes have and possibly will strike the more populous northeast Atlantic Coast. Hurricane Katrina devastated Alabama, Louisiana and Mississippi but consider the same magnitude of storm striking heavily populated New York, Massachusetts, or Pennsylvania it would not only devastate the region but leave the Nation's financial and commerce centers in ruins. I urge my colleagues to support this legislation since it will help improve hurricane forecasting and will maintain continuity of operations for current hurricane forecasting and warning capabilities.
I ask unanimous consent that the text of the bill and articles relating to QuikSCAT be printed in the Record.
Mr. President, I am pleased to rise today with my colleague Senator Gordon Smith to introduce the Global Pediatric HIV/AIDS Prevention and Treatment Act. Millions across the world recently observed…
Mr. President, I am pleased to rise today with my colleague Senator Gordon Smith to introduce the Global Pediatric HIV/AIDS Prevention and Treatment Act. Millions across the world recently observed the 20th World AIDS Day on December 1, a day of mourning, solidarity, and hope: mourning for the more than 25 million killed already in the AIDS pandemic; solidarity with the 33.2 million living with HIV today; and hope that this plague will be conquered in our time--with an achievable goal of realizing the birth of an HIV-free generation.
In the U.S., we have reached a point where a child living with HIV/ AIDS no longer faces certain death. Thanks to anti-retroviral, ARV, therapy, many children born infected with HIV/AIDS now have the opportunity to grow up healthy. However, long-term survival is a dream that eludes most of the 2.5 million HIV-infected children around the world.
Of the more than 2.5 million new HIV infections in 2007, more than 420,000 were in children. But while children account for almost 16 percent of all new HIV infections, they make up only 9 percent of those on treatment under the President's Emergency Plan for AIDS Relief, PEPFAR. Without proper care and treatment, half of these newly-infected children will die before their second birthday and 75 percent will die before their fifth.
Every day, approximately 1,100 children across the globe are infected with HIV, the vast majority through mother-to-child transmission during pregnancy, labor or delivery or soon after through breastfeeding. Approximately 90 percent of these infections occur in Africa. With no medical intervention, HIV-positive mothers have a 25 to 30 percent chance of passing the virus to their babies during pregnancy and childbirth. Yet, a single dose of an ARV drug given once to the mother at the onset of labor and once to the baby during the first three days of life reduces transmission of HIV by approximately 50 percent. Providing the full range of interventions, as is the standard of care in the U.S., can further reduce the rate of mother-to-child transmission of HIV to as little as 2 percent. However, according to UNAIDS, the Joint United Nations Programme on HIV/AIDS, less than 10 percent of pregnant women with HIV in resource-poor countries have access to prevention of mother-to-child transmission, PMTCT, services.
Significant barriers to PMTCT and the equal care and treatment of HIV-infected children continue to exist. Among the barriers to PMTCT services is their poor integration into the healthcare system, the lack of infrastructure and poor quality health facilities, low utilization of pre-natal services, and a high percentage of unattended at-home births. Because children are not just small adults, providing care and treatment presents special challenges such as limited access to reliable HIV testing for the youngest children, a shortage of providers trained in delivering pediatric care, weak linkages between services to prevent mother-to-child transmission and care and treatment programs, and the need for additional, low-cost formulations of HIV/AIDS medications.
The unfortunate reality of current HIV/AIDS treatment programs is that they will become unsustainable in the long-term unless the number of new HIV infections is reduced globally. The importance of PMTCT for the prevention of the spread of HIV cannot be overstated. According to UNAIDS, prevention of mother-to-child HIV transmission requires a comprehensive package of services that includes preventing primary HIV infection in
women, preventing unintended pregnancies in women with HIV infection, preventing transmission from HIV-infected pregnant women to their infants, and providing care, treatment and support for HIV-infected women and their families. A 2003 study found that by adding family planning through PMTCT services in 14 high prevalence countries, more than 150,000 unintended pregnancies were averted, child infections averted nearly doubled, and child deaths averted nearly quadrupled. Studies also show that current levels of contraceptive use in sub- Saharan Africa are already preventing an estimated 22 percent of HIV- positive births.
For many pregnant mothers, PMTCT services may be the only entry point for health care services for themselves and their families. That is why it is essential that PMTCT services be integrated with prevention, care and treatment services. With adequate integration of those services and strategies to ensure successful follow-up and continuity of care, we can significantly improve the outcomes for HIV-affected women and families.
The legislation I am introducing today, the Global Pediatric HIV/AIDS Prevention and Treatment Act, will help prevent thousands of new pediatric HIV infections in the years to come and improve the treatment of children living with HIV/AIDS throughout the world. The legislation will bring our international HIV/AIDS efforts in line with the infection rate of children, by establishing a target that, within 5 years, 15 percent of those receiving care and treatment under PEPFAR should be children.
The legislation establishes another 5-year target to help prevent mother-to-child transmission of HIV. In those countries most affected, 80 percent of pregnant women should receive HIV counseling and testing, with all those testing positive receiving anti-retroviral medication for the prevention of mother-to-child transmission of HIV.
Under the legislation, the U.S. comprehensive, 5-year global strategy to combat global HIV/AIDS must also integrate prevention, care and treatment with prevention of mother-to-child transmission programs, as soon as feasible and consistent with the national government policies of the foreign countries of PEPFAR countries in order to improve outcomes for HIV-affected women and families and to promote follow-up and continuity of care.
Lastly, the legislation authorizes the creation of a Prevention of Mother-to-Child Transmission Expert Panel to provide an objective review of PMTCT activities funded under PEPFAR and to provide recommendations to the Office of the Global AIDS Coordinator for scale- up of mother-to-child transmission prevention services under PEPFAR in order to reach the newly-established target for PTMCT. The Panel consists of no more than 15 members, to be appointed by the coordinator, and will terminate once it submits its report containing recommendations, findings and conclusions to the coordinator, Congress, and is made public.
To be clear, this legislation does not establish any earmarks within PEPFAR. It does not dictate how much money should be spent on specific activities. I, for one, oppose the current policy under PEPFAR which dictates that one-third of all prevention funds be reserved for abstinence-until-marriage programs, to the detriment of other more effective programs that are producing better results. Certainly abstinence programs have a role to play in PEPFAR, but they should not draw funding away from other, more effective programs. Therefore, it is my hope that Congress does away with that earmark when it reauthorizes PEPFAR, and instead allows for flexibility within PEPFAR.
Instead, the legislation sets 5-year targets that are focused on those receiving services without specifying how much money any given country should spend on specific services to reach the target. I believe this approach is consistent with the April 2007 Institute of Medicine report on PEPFAR which called on Congress to replace arbitrary budget directives with specific targets accounting for the unique epidemics in specific countries, as well as existing available resources. Removal of budget restrictions and the implementation of program targets, such as those authorized under this legislation, would allow local providers to invest in the services and activities most needed to achieve national goals for prevention, care, and treatment.
The struggle against this disease continues on all fronts. Just recently, a report showed that right here in Washington, D.C., the city is in the grip of a ``modern epidemic,'' with one in 20 residents HIV- infected, a rate ten times the national average. In my own State of Connecticut, the need for care and treatment services is at an all time high, while the funding to meet this increased need has declined.
As we take stock of the HIV/AIDS pandemic and our progress against it, we must bear in mind the special vulnerability of the world's children. With this legislation we can increase the number of children receiving care and treatment under PEPFAR and expand access to PMTCT services in order to prevent thousands of new pediatric HIV infections.
I urge my colleagues to support this important legislation.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I introduce, along with Senators Allard, Mikulski, Bond, Durbin, Collins, Schumer, Akaka, Clinton, Whitehouse, Levin, Brown, and Boxer, the Community Partnership to End Homelessness…
Mr. President, I introduce, along with Senators Allard, Mikulski, Bond, Durbin, Collins, Schumer, Akaka, Clinton, Whitehouse, Levin, Brown, and Boxer, the Community Partnership to End Homelessness Act of 2007, CPEHA. This legislation would reauthorize and amend the housing titles of the McKinney-Vento Homeless Assistance Act of 1987. Specifically, our bill would realign the incentives behind the Department of Housing and Urban Development's homelessness assistance programs to accomplish the goals of preventing and ending homelessness.
According to the Homelessness Research Institute at the National Alliance to End Homelessness, as many as 3.5 million Americans experience homelessness each year. On any one night, approximately 744,000 men, women, and children are without homes.
Many of these people have served our country in uniform. According to the National Coalition for Homeless Veterans, nearly 200,000 veterans of the United States armed forces are homeless on any given night, and about one-third of homeless men are veterans.
Statistics regarding the number of children who experience homelessness are especially troubling. Each year, it is estimated that at least 1.35 million children experience homelessness. Over 900,000 homeless children and youth were identified and enrolled in public schools in the 2005-2006 school year. However, this Department of Education count does not include preschool children, and over 40 percent of homeless children are under the age of five. Whatever their age, we know that children who are homeless are in poorer health, have developmental delays, and suffer academically.
In addition, many of those who are homeless have a disability. According to the Homelessness Research Institute, about 23 percent of homeless people were found to be ``chronically homeless,'' which according to the current HUD definition means that they are homeless for long periods of time or homeless repeatedly, and they have a disability. For many of these individuals and families, housing alone, without some attached services, may not be enough.
Finally, as rents have soared and affordable housing units have disappeared from the market during the past several years, even more working Americans have been left unable to afford housing. According to the National Low Income Housing Coalition's most recent ``Out of Reach'' report, nowhere in the country can a minimum wage earner afford a one-bedroom home. Eighty-eight percent of renters in cities live in areas where they cannot afford the fair market rent for a two-bedroom rental even with two minimum wage jobs. Low income renters who live paycheck to paycheck are in precarious circumstances and sometimes must make tough choices between paying rent and buying food, prescription drugs, or other necessities. If one unforeseen event occurs in their lives, they can end up homeless.
So why should the Federal Government work to help prevent and end homelessness? Simply put, we cannot afford not to address this problem. Homelessness leads to untold costs, including expenses for emergency rooms, jails, shelters, foster care, detoxification, and emergency mental health treatment.
According to a number of studies, it costs just as much, if not more in overall expenditures, to allow men, women, and children to remain homeless as it does to provide them with assistance and get them back on the road to self-sufficiency.
It has been 20 years since the enactment of the Steward B. McKinney Homeless Assistance Act, and we have learned a lot about the problem of homelessness since then. At the time of its adoption in 1987, this legislation was viewed as an emergency response to a national crisis, and was to be followed by measures to prevent homelessness and to create more systemic solutions to the problem. It is now time to take what we have learned during the past 20 years, and put those best practices and proposals into action.
First and foremost, our bill would consolidate HUD's three main competitive homelessness programs, Supportive Housing Program, Shelter Plus Care, and Moderate Rehabilitation/Single Room Occupancy, into one program called the Community Homeless Assistance Program. The consolidation would reduce the administrative burden on communities caused by different program requirements. It also would allow funding to be used for an array of eligible activities maximizing flexibility, creativity, and local-decision making.
Second, the bill would create a new prevention title that would allow communities to apply for funding to prevent homelessness. This would allow them to serve people who move frequently for economic reasons, are doubled up, are about to be evicted, live in severely overcrowded housing, or otherwise live in an unstable situation that puts them at risk of homelessness. The program could fund short- to medium-term housing assistance, housing relocation and stabilization, and supportive services. The program would be authorized for up to $250 million in fiscal year 2008.
Third, the bill would create a more flexible set of requirements for rural communities by modifying HUD's long-dormant Rural Homelessness Grant Program. Under the new requirements, a rural community could use funds for homelessness prevention and housing stabilization, in addition to transitional housing, permanent housing, and supportive services. The application process for these funds would be streamlined to be more consistent with the capacities of rural homelessness programs.
Fourth, HUD would be required to provide incentives for communities to use proven strategies to end homelessness. These strategies would include permanent supportive housing for chronically homeless people, rapid rehousing programs for homeless families, and other research- based strategies that HUD, after public comment, determines are effective.
Fifth, thirty percent of total funds available nationally would be allocated for permanent housing for individuals with disabilities or families headed by a person with disabilities. At least 10 percent of overall funds would be allocated for permanently housing families with children.
Sixth, communities that demonstrate results, reducing the number of people who become homeless, the length of time people are homeless, and recidivism back into homelessness--would be allowed to use their homeless assistance funding more flexibly and to serve groups that are at risk of becoming homeless.
Finally, leasing, rental assistance, and operating costs of permanent housing programs would be renewed for 1 year at a time through the section 8 housing voucher account, provided that the applicant demonstrates need and compliance with appropriate standards.
There is a growing consensus on ways to help communities break the cycle of repeated and prolonged homelessness. If we combine Federal dollars with the right incentives to local communities, we can prevent and end long-term homelessness.
This bipartisan legislation seeks to do just that. It will reward communities for initiatives that prevent and end homelessness.
Groups that are endorsing the Community Partnership to End Homelessness Act include: The National Alliance to End Homelessness; the U.S. Conference of Mayors; the National Association of Counties; National Association of Local Housing Finance Agencies; National Community Development Association; the National Housing Conference; the Corporation for Supportive Housing; National Alliance on Mental Illness; Consortium for Citizens With Disabilities Housing Task Force; Habitat for Humanity; Technical Assistance Collaborative; and the Housing Assistance Council.
The Community Partnership to End Homelessness Act will set us on the path to meeting an important national goal. I hope my colleagues will join us in supporting this bill and other homelessness prevention efforts.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I am here today to introduce, along with Senator Kohl, the Defined Contribution Fee Disclosure Act. This legislation is designed to address what may seem at first glance like a small…
Mr. President, I am here today to introduce, along with Senator Kohl, the Defined Contribution Fee Disclosure Act. This legislation is designed to address what may seem at first glance like a small issue, but in fact has a dramatic impact on the retirement security of millions of Americans who have 401(k) plans. Not many people realize this, but the Employee Retirement Income Security act, ERISA, does not require plan sponsors to provide participants with information on the level of fees that participants are charged by the various plans they have to choose between.
The number of people participating in defined contribution plans grows every year, and unfortunately, these plans are a bigger part of their nest egg as employers freeze their defined benefit plans. One of the key challenges as we move away from guaranteed benefits is making sure people have all the relevant information to help them decide which plan will best serve their needs. Recently, AARP conducted a survey in which it asked individuals with 401(k) plans if they even knew what they paid each year in fees. Only 17 percent of people asked said that they know what their fee levels were.
This is far from an academic matter. In fact, this could be disastrous for folks when they reach retirement. One person--who wishes to remain anonymous--recently shared with me a story that highlights what's at stake. She noticed one day that her 401(k) wasn't actually earning anything at all. After some examination, she found that the agent who set up the plan for the company received a fee of 2 percent annually for the first five years, reduced to .25 percent after that, paid by the employees and not the company. The investment firm charged a fee of 1.25 percent which they said was standard for companies with under $1 million in their 401ks. So, last year, she was paying 3.25 percent in fees and earning less than 4 percent from her money market fund. She didn't have a clue about the fees until she inquired after she realized she wasn't making any money on the fund.
So looking back at this AARP survey, of those 17 percent who said they knew what their fees were, 33 percent thought they weren't being charged any fees at all. Some companies will even tell people they are not being charged fees. While it is true that in some cases, employers pay fees, that is hardly the norm. And investment managers don't do their jobs for charity. These fees that people don't know about can have a big effect on what they end up with at retirement.
The U.S. Government Accountability Office recently estimated that a 45 year old with $20,000 in his 401(k) would have $70,555 at age 65 for his retirement, assuming he was getting a 6.5 percent return and only paying 0.5 percent in fees. But that figure decreases dramatically if the fees are increased by just a single percentage point, to 1.5 percent. At that figure the same individual, investing the same amount of money, would have only $58,400 for his retirement, or more than $12,000 less.
AARP took the GAO assumptions and created some additional examples. Consider this case: if a 35 year old invested $20,000 in a 401(k) plan over 30 years, paying 0.5 percent in fees, that individual would have $132,287 for retirement. But increase the fees to 1.5 percent, and the amount available for retirement is only $99,679--that is a 25 percent reduction in the account balance. Even if the fee only increased from 0.5 percent to 1 percent, the value of the retirement account would be reduced by $17,417, or a little over 13 percent over the 30-year period.
If you awoke one day to find that your bank account, or your retirement account, had declined in value by 25 percent, you would understandably be alarmed, and you would act quickly to fix the problem. But with high 401(k) fees, the reduction in benefits isn't immediately obvious. It happens slowly, over time, and often flies under people's radar screens because they are not told the level of fees they are paying, or they don't understand that some 401(k) plans charge far lower fees for providing the same amount of services. It is that problem--that information gap--that the Defined Contribution Fee Disclosure Act is designed to fix.
My bill would provide participants with easily understandable information about the fees that they are paying. This information will be provided to them before they pick which plans they want to invest in, and again, regularly, on their quarterly statements.
In addition, this bill does something even more important: it would require companies to disclose more information to plan sponsors. Right now, if you provide your workers with a 401(k) plan, you are required to act prudently and in their sole interest in your fiduciary duties. However, there are hidden fees that are sometimes not disclosed even to plan sponsors, and sometimes those sponsors also are not told about business arrangements between service providers to steer participants into investment options in which they have a stake, a classic conflict of interest.
To fix this, the bill would require 401(k) plan providers to disclose all fees and relationships between service providers to the people selecting the plan a company will ultimately offer. The bottom line is that we want to create a situation where companies are picking several good options for their employees that all have decent reliable returns and fair fees.
One thing my bill does not do is set a limit on fees that can be charged. As I have noted, high fees can make a real difference in account balances at retirement, but so can high returns, in a more positive direction, obviously. Sometimes, it is well worth paying higher fees if a small increase in fees will have a big effect on returns. In addition, some people want to purchase insurance products so that every month, they are buying a more secure piece of retirement. That is just fine, and my bill doesn't touch that. People who fully understand the real cost of a guaranteed return at retirement are the kind of people who appreciate, and will push for, more defined benefit plans. But they can't do that if they don't know what it costs.
The bottom line is that people need to be investing more, and more confidently, in the 401(k) plans they are being offered. This is especially critical in a world where defined benefit plans are increasingly being slashed and frozen. For a growing number of workers, their only source of retirement income is their 401(k).
Congress needs to focus more squarely on how we get workers to participate in the plans they have available, and what we can do to make sure the savings they grow in them are adequate. When people know they are being given all the facts in an easy-to-understand manner, they are more likely to contribute. And when the fiduciaries who are supposed to be looking out for them make sure all of their
options are good, they end up saving more money at the end of the day.
This bill is a win for companies who want to provide their workers with a secure retirement, it is a win for 401(k) providers who have been providing reasonable fees all along, and it is a win for every American who has one of these plans. My colleagues and I introducing this measure have worked with interested parties on every side of this issue to make sure we're taking into account everyone's views. We also intend to work closely with the Department of Labor on their proposed regulations on this issue. While we believe that Congress has an obligation to address this issue, if we can all work together to develop regulations that address this issue in a way that will truly help participants and beneficiaries get a good deal, I am certainly not opposed to getting this done administratively. I strongly encourage my colleagues to cosponsor this measure.
Mr. President, today, I rise with my colleagues Senator Dodd and Senator Reed to introduce an important bill for our youth, the Garrett Lee Smith Memorial Act Reauthorization of 2007. Nearly 3 years…
Mr. President, today, I rise with my colleagues Senator Dodd and Senator Reed to introduce an important bill for our youth, the Garrett Lee Smith Memorial Act Reauthorization of 2007. Nearly 3 years ago, the Senate first passed this Act with 39 cosponsors. At that time, we heard an outpouring of support and sharing from other members of the Senate who have lost members of their families. On September 9, 2004, my son Garrett's birthday, the House and Senate passed the Garrett Lee Smith Memorial Act with overwhelming support. I remain thankful for their wisdom and support of the important programs this Act created that focused on youth suicide prevention.
As I said in 2004, this Act represents the best of American Government, an opportunity when our Nation's elected officials can come together, put aside their political parties and politics, to debate and pass legislation. During the last 3 years, this effort has resulted in nearly $65 million in suicide prevention and intervention funding to States, tribes, and on our Nation's higher education institutions.
I also want to recognize and thank my colleagues who have championed this cause for a great many years Senator Dodd, Senator Jack Reed, Senator Harry Reid and Senator Kennedy your work to raise awareness about youth suicide has been significant and for that I thank you. I also would like to thank Representative Patrick Kennedy for his support on this and so many other issues affecting persons with mental illness. I look forward to continuing to work with all of you to ensure passage of this reauthorization bill.
As most of you know, I came to be a champion of this issue not because I volunteered for it, but because I suffered for it. In September of 2003, Sharon and I lost our son Garrett Lee Smith to suicide. While Sharon and I think about Garrett every day and mourn his loss, we take solace in the time we had with him, and have committed ourselves to preserving his memory by helping others.
Sharon and I adopted Garrett a few days after his birth. He was such a handsome baby boy. He was unusually happy and playful, and he also was especially thoughtful of everyone around him as he grew older. His exuberance for life, however, began to dim in his elementary years. He struggled to spell. His reading and writing were stuck in the rudiments. We had him tested and were surprised to learn that he had an unusually high IQ, but struggled with a severe overlay of learning disabilities, including dyslexia.
However, it would be years later that we learned of the greatest challenge to face Garrett, his diagnosis of bi-polar disorder. Bipolar disorder, also known as manic-depressive illness, is a brain disorder that causes unusual shifts in a person's mood, energy and ability to function. Different from the normal ups and downs of life that everyone goes through, the symptoms of bipolar disorder are severe. As his parents, we knew how long and how desperately Garrett had suffered from his condition. Yet, tragically, over three years ago Garrett reached a point where his illness took over and he could no longer fight.
In his memory, I have committed myself to helping prevent other families from experiencing the tremendous pain that comes with the loss of a loved-one to suicide. We know that each year, more than 4,000 youth aged 15 to 24 die by suicide. From this number we know that since Garrett's death more than 14,000 young people have lost their lives to suicide. Too many young lives have been lost and continue to be lost.
While we can always do more, this Act has taken that first, significant step toward creating and funding an organized effort at the Federal, State and local levels to prevent and intervene when youth are at risk for mental and behavioral conditions that can lead to suicide. The loss of a life to suicide at any age is sad and traumatic, but when it happens to someone who has just begun their life, has just begun to fulfill their potential the impact somehow seems harsher, sadder and more pronounced.
Once signed into law, this bill will authorize $210 million in new funding over 5 years to further support States and Native American tribes in building systems of State-wide early intervention and prevention strategies. This bill will continue the current practice of ensuring that 85 percent of funding will be provided to entities focused on identifying and preventing suicide at the State and community level. Since the Garrett Lee Smith Memorial Act was signed into law in 2004, 29-States and seven tribes have received grants to help them plan for and implement youth suicide prevention strategies. The new and higher funding level will allow States that have never received a grant to receive funding. It also will allow States that have received grants in the past to expand their efforts to include more geographic areas and youth populations.
In my home State of Oregon, which has been especially active and forward-thinking in combating youth suicide, the Department of Human Services has been working in a number of counties throughout the State to increase referrals so care is available when needed, establish linkages to care and improve knowledge among clinicians, crisis response workers, school staff, youth and lay persons related to youth who are at-risk. The Native American Rehabilitation Association of the Northwest, Inc. also has implemented the Native Youth Prevention Project, which serves nine tribes and tribal confederations in Oregon where American Indian youth have the highest suicide rate in the State. Programs such as these can be important catalysts for change across the Nation and we must continue to support them.
The bill also reauthorizes a Suicide Prevention Resource Center, which provides technical assistance to States and local grantees to ensure that they are able to implement their State-wide early intervention and prevention strategy. It also collects data related to the programs, evaluates the effectiveness of the programs, and identifies and distributes best practices. Sharing technical data and program best practices is necessary to ensure that Federal funding is being utilized in the
best manner possible and that information is being circulated among participants. The Center will receive $25 million over 5 years for these purposes. Since 2004, the Center has done great work to support the grantees under this Act as well as push forward broader science-to- service efforts to combat youth suicide.
Finally, the bill will provide $31 million over 5 years to continue the colleges and universities grant program. This program works to establish mental health programs or enhance existing mental health programs focused on increasing access to and enhancing the range of mental and behavioral health services for students. Entering college can be one of the most disruptive and demanding times in a young person's life, but for persons with a mental illness the changes can become overwhelming. Loss of their parental support system, and lack of a familiar and easily accessed health care providers often can become too much of a burden to bear. We must ensure programs are in place to help them overcome these challenges.
So far, 55 colleges and universities have received grants through the Garrett Lee Smith Memorial Act, including two in my home State, helping countless students. However, with more than 4,000 degree-granting institutions in the United States, there are many more campuses that will be helped by this reauthorization.
I am pleased to be a champion of this cause and this bill and hope my colleagues will join me in supporting its passage.
Mr. President, today I rise to introduce the Gas Petroleum Refiner Improvement and Community Empowerment Act or Gas PRICE Act. While chairman of the Committee on Environment and Public Works, I…
Mr. President, today I rise to introduce the Gas Petroleum Refiner Improvement and Community Empowerment Act or Gas PRICE Act. While chairman of the Committee on Environment and Public Works, I sought to move a similar measure. Unfortunately, my colleagues on the other side of the aisle managed to block the bill at that time.
Today, motorists are facing record high gas prices and according to Labor statistics, those higher fuel prices are hurting the national economy as a whole. Unfortunately, the pain at the pump, the grocery store, and the shopping mall were predicted long ago and are largely a function of politicking, rhetoric, and finger pointing, actions that continue today.
According to Deutsche Bank energy experts Paul Sankey and Rich Volina, who testified May 15, 2007 before the Senate Energy Committee, ``Anybody who blames record high U.S. gasoline prices on ``gouging'' at the pump simply reveals their total ignorance of global supply and demand fundamentals.'' Yet yesterday the House narrowly passed a bill that; goes just that; goes after so called ``gougers'' while doing nothing to affect supply.
I am hopeful that my colleagues in the Senate will join me and quickly pass the bill I am introducing today. Our constituents elected us to solve problems and make their lives better, not to name call and demagogue.
I have been talking about the lack of adequate refining supplies for some years. In May 2004, while chairman of the Committee on Environment and Public Works, I held a hearing on the environmental issues regarding oil refining. The committee received testimony about the lack of adequate refining capacity and the obstacles the industry faced in order to meet consumer demand.
In a May 2005 speech, then-Federal Reserve Chairman Alan Greenspan stated, ``The status of world refining capacity has become worrisome as well. Of special concern is the need to add adequate coking and desulphurization capacity to convert the average gravity and sulphur content of much of the world's crude oil to the lighter and sweeter needs of product markets, which are increasingly dominated by transportation fuels that must meet ever-more stringent environmental requirements.''
The fact of the matter is that, like it or not, the U.S. needs to increase its
refining capacity if we are to solve the economic struggles facing every family.
The bill I am introducing today redefines and broadens our understanding of a ``refinery'' to be a ``domestic fuels facility.'' Oil has been and will continue to play a major role in the U.S. economy, but the future of our domestic transportation fuels system must also include new sources such as ultra-clean syn-fuels derived from coal and cellulosic ethanol derived from home-grown grasses and biomass.
Expanding existing domestic fuels facilities like refineries or constructing new ones face a maze of environmental permitting challenges. The Gas PRICE Act provides a Governor with the option of requiring the Federal EPA to provide the state with financial and technical resources to accomplish the job and establishes a certain permitting process for all parties. And it does so without waiving environmental laws and working with local governments.
The public demands increasing supplies of transportation fuel, but they also expect that fuel to be good for their health and the environment. To that end, the bill requires the EPA to establish a demonstration to assess the use of Fischer-Tropsch FT diesel and jet fuel as an emission control strategy. Initial tests have found that FT diesel emits 25 percent less NOX, nearly 20 percent less PM1O, and approximately 90 percent less SOX than low sulfur petroleum diesel. Further, U.S. Air Force tests at Tinker base in my home state found that blends of FT aircraft fuel reduced particulate 47-90 percent and completely eliminated SOX emissions over contemporary fuels in use today.
Good concepts in Washington are bad ideas if no one wants them at home. As a former Mayor of Tulsa, I am a strong believer in local and state control. The Federal Government should provide incentives to not mandate on local communities. Increasing clean domestic fuel supplies is in the nation's security interest, but those facilities can also provide high paying jobs to people and towns in need. My bill provides financial incentives to the two most economically distressed communities in the Nation, towns affected by BRAC and Indian tribes consider building coal-to-liquids and commercial scale cellulosic ethanol facilities.
I am very proud that my home state of Oklahoma is a leader in the development of energy crops for cellulosic biofuels, and specifically coordinated programs through the Noble Foundation in Ardmore. The key now is to promote investment in this exciting area, and nothing would speed the rapid expansion of the cellulosic biofuels industry more than investment by the Nation's traditional providers of liquid transportation fuels.
Many integrated oil companies have formed or substantially expanded their biofuels divisions within the past year to prepare for the eventuality of cost-competitive cellulosic biofuels. Cellulosic biorefineries will want to create an assured supply of feedstock and will enter into long-term contracts with surrounding biomass producers.
One of the incentives for oil companies to invest in exploration is that their stock prices are affected by their declared proved reserves. Creating a definition of renewable reserves would create a similar incentive for them to invest in cellulosic biofuels.
In 1975, Congress directed the SEC to promulgate a definition of proved reserves. At that time, the SEC based its definition upon broadly-accepted industry standards established by the Society of Petroleum Engineers 1978 FASB System. While no broadly accepted industry standards yet exist for thinking about dedicated energy crops, industry, growers and agronomists could be brought together to agree on standards and practices. Agronomists could play a similar role in estimation of renewable reserves to that of petroleum engineers in proved reserves by providing independent projections of biomass yields.
The Energy Policy Act of 2005 directed the Department of Energy to accelerate the commercial development of oil shale and tar sands. As these unconventional fuel sources reach viability, the SEC will be pressured to develop methodology to incorporate them into its reserves hierarchy. Given the country's interest in developing renewable alternatives to fossil fuels, it is logical that the SEC would develop criteria for the incorporation of biomass feedstock sources into its hierarchy at the same time.
This is Congress's least expensive way to jumpstart the cellulosic biofuels industry.
Much has changed in Washington since I was chairman of the Environment Committee and held hearings on the need to improve our domestic transportation fuels system. I hope that the new majority joins me in quickly passing the Gas PRICE Act doing so would be a material and substantive action toward their stated goal of ``energy independence'' and would go far beyond more partisan symbolism.
Mr. President, I rise today to reintroduce a piece of legislation that Senator Voinovich and I have been working on for over a year now. The Federal Employees Electronic Personal Health Records Act…
Mr. President, I rise today to reintroduce a piece of legislation that Senator Voinovich and I have been working on for over a year now.
The Federal Employees Electronic Personal Health Records Act of 2007 makes available electronic personal health records for every enrollee of a Federal health benefits plan who wishes to have one.
Americans will probably spend more than $2 trillion on health care this year alone. Over the next 10 years, health care costs will more than double, topping $4 trillion in 2015.
We spend $6,700 per person on health care, more than twice of what other industrialized nations spend; and for the most part, we are not receiving the gold standard of treatment in care.
A 2005 survey found that medical error rates in the United States far exceed those of other Western countries.
And in that survey, one in three Americans reported getting the wrong dosage of medication, incorrect test results, mistakes in treatment, or late notification of a test result. That is nearly 15 percent higher than similar results in Britain and Germany.
Our excessive reliance on paper record keeping makes our health care system less efficient, more costly and more prone to mistakes.
Doctors diagnose patients without knowing their full medical history, what they are allergic to, what kind of surgeries they have had, whether they have complained about similar symptoms before.
Time constraints, or medical necessity, often force doctors to form a quick diagnosis. Sometimes that diagnosis is wrong and sometimes it proves to be a costly error.
The widespread use of health information technology, the ability to immediately grab someone's full medical history off of a computer, can help doctors provide better care more cheaply. It has the potential to drastically transform the way we provide health care.
If we are looking for success stories on how health care professionals have integrated the use of electronic health records into their daily routines, we don't have to look any further than our own Departments of Defense and Veterans Affairs.
Times have certainly changed since I retired from the Navy some 16 years ago. I used to keep all my medical records in a brown manila folder.
I carried this manila folder with me from the time I left Ohio State, on to Pensacola, Corpus Christi Naval Air Station, out to California, across the seas and back again, and finally, getting off of active duty and coming to Delaware to enroll in business school, on the GI bill, at the University of Delaware.
Over a decade ago, the DOD and the VA decided there was a better way. And the results have been nothing short of phenomenal.
Today, when a patient enrolls in DOD's Military Health System, they get an electronic health record, not a brown manila folder in which to carry years of paper medical records. Your electronic record will follow you wherever you go, both during your time when you are serving in the military and when you leave to join our veterans' community.
Researchers and doctors now laud the VA for having the foresight to use electronic health records to improve patient care and transform itself into one of the best health care operations in the country.
And the cost? About $78 per patient, roughly the cost of not repeating one blood test. In other words, money well spent.
I have witnessed that new-found satisfaction right in my own back yard, at our Veterans Medical Center in Elsmere, DE. Veterans from neighboring States are now coming to Elsmere to seek care instead of going to regular civilian hospitals near them.
So what is keeping the rest of the Nation's health care system from following the lead of the DOD and the VA?
The answer is the high cost of implementing the latest information technologies, as well as the lack of uniformity among various technology products.
A physician can spend up to $40,000 implementing an electronic health records system. A hospital can spend up to five times that amount.
If that weren't enough of a reason to say ``no thanks,'' there is another. We don't have a set of national standards in place to make sure that once health care providers have made the switch, their new systems can communicate with the hospital or doctor on the other side of town.
As a nation, we cannot afford to rely solely on health care providers to bring the health care industry into the 21st century.
While I was Governor, I signed legislation that would call for the creation of a statewide information network to bring our health care system into the 21st century. Delaware is well underway toward meeting our goal of establishing the first statewide health information infrastructure.
We must think outside of the box and build on health information technology initiatives that are all already underway in other areas of the health care industry.
The Federal Employees Electronic Personal Health Records Act of 2006 will require all Insurance Plans that contract with the Federal Employees Health Benefits Program, FEHBP, to make available an electronic personal health record for enrollees in the program.
Via the Internet, an enrollee will be able to log-on to his or her electronic personal health record to keep track of such things as their medications, cholesterol and glucose levels, allergies, and immunization records. An enrollee will also be able to view a comprehensive, easily understood listing of their health care claims.
An enrollee can easily share sections of the electronic personal health record with their health care provider, ensuring that their health care provider has the most up-to-date and accurate health information when making clinical decisions.
Having health information readily available will increase the efficiency and safety of health care for an enrollee by eliminating unwarranted tests, procedures, and prescriptions.
Most importantly, the legislation ensures that the electronic personal health records provided for through this act are kept private and secure.
The electronic personal health records are required to include a number of security features, such as a user authentication and audit trails.
The legislation also requires that insurance plans comply with all privacy and security regulations outlined in the Health Insurance Portability and Accountability Act.
This bill is designed to jumpstart this new technology by requiring some of the largest health insurance companies to offer electronic personal health records, which many are already doing.
As more insurance companies, health care providers and consumers use this new technology, I am convinced that more people will recognize its advantages and we can more quickly move America's health care industry into the 21st century.
And as the Nation's largest employer-sponsored health insurance program, who better than the Federal Employees Health Benefit Program to lead the way in this endeavor.
I urge my colleagues to support the Federal Employees Electronic Personal Health Records Act of 2007.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, since the terrorist attacks of 9/11, more than 1.5 million of our servicemen and women have been sent to Iraq, Afghanistan, and other nations. We have mobilized more than 630,000…
Mr. President, since the terrorist attacks of 9/11, more than 1.5 million of our servicemen and women have been sent to Iraq, Afghanistan, and other nations. We have mobilized more than 630,000 members of the National Guard and Reserves, including 92,000 who are on active duty right now.
These service men and women have courageously defended our country overseas, but tens of thousands of them have come home to find that they have lost their employment benefits or even their jobs, and the Government has failed to defend their rights.
Today, Senator Daniel Akaka and I are introducing legislation to guarantee that veterans won't have to wait years for the Government to act to restore their benefits or return to work.
Thirteen years ago, Congress enacted the Uniformed Services Employment and Reemployment Rights Act, specifically to protect our servicemembers when they return home. We understood that, to maintain strong focus and a strong National Guard and Reserves, servicemembers needed confidence that they could return to their civilian jobs when they came home from their tours of duty. That legislation was a clear promise that the Federal Government would step in and defend servicemembers who were wrongly denied their jobs or benefits. We pledged that the Department of Labor would investigate violations of the act, and that if employers refused to follow the law, the Attorney General would take employers to court to protect our servicemembers' rights.
Today, however, the administration has clearly broken that promise to enforce the law and get our veterans back to work.
Last month, during a Senate Committee hearing, I released a Department of Defense survey showing that for tens of thousands of veterans, their service to our country has cost them the salary they deserve, their health care, their pensions, or even their jobs. Among members of the Reserves and National Guard, nearly 11,000 were denied prompt reemployment. More than 22,000 lost seniority and rightful pay. Nearly 20,000 had their pensions reduced. More than 15,000 did not receive the training they needed to resume their former jobs. Nearly 11,000 did not get their health insurance back.
The problem is that employers aren't following the law, and Federal agencies aren't effectively enforcing it. Mr. President, 38 percent of servicemembers who asked the Department of Labor to defend their rights did not receive a prompt response. Servicemembers are forced to wait months or years even to find out whether the Government will agree to represent them and defend their rights. One veteran waited 7 years before the Department of Labor told him whether it would take his case to court. No veteran can afford to wait seven months to return to work or have his health insurance reinstated, let alone wait 7 years.
With these unbelievable delays, it is not surprising that 44 percent of servicemembers who asked the Department of Labor for help said that they were dissatisfied with the assistance they received. When servicemen and women hear about these delays, they ask themselves, ``Why should I even bother to ask for help.''
In fact, the Pentagon tells us that 77 percent of servicemembers whose rights are violated don't contact anyone to defend their rights. They simply give up. Nearly half of them say that they have no confidence that the Government will resolve their problems, or that it is just not worth the effort.
Even worse, a quarter of them don't even know where they can go for help. It is beyond dispute that the administration has broken its promise to help them.
Our veterans deserve better than this. They deserve to know that their Government is working as quickly as possible to get them back to work and restore their benefits.
The current law needs reform as well. It makes no sense to have four different agencies tracking the problems of our servicemembers in four different ways. We also need to know whether disabled veterans are being properly assisted in making their own difficult transition back to work.
It is time for the administration to keep its promise, and end the long delays for veterans who need help in defending their rights. The bill that Senator Akaka and I are introducing imposes timely and reasonable deadlines on Federal agencies to investigate complaints, to attempt to resolve them, and, if necessary, to refer them for litigation.
The legislation also makes the Federal enforcement of the law more transparent and responsive to the needs of veterans. It assures veterans that they won't have to wait years for an answer about whether they will receive the help they deserve.
By imposing timely deadlines on the Federal agencies, we are also stepping up the pressure on employers that violate the rights of our brave soldiers. With these new deadlines, employers won't be able to drag their heels as the Department of Labor spends months or years investigating violations. They will know that they have to settle each veteran's case quickly and fairly, or else face the U.S. Government in court.
The legislation also implements a number of reforms recommended by the Government Accountability Office--reforms that have received bipartisan support in the House of Representatives. In particular, our bill requires agencies to gather and report information on these cases in a uniform manner, so that we can understand trends and better address the needs of each servicemember. Agencies will also be required to report on cases involving veterans with disabilities, so that we have accurate information on the reemployment problems of our wounded soldiers.
Enacting this legislation alone obviously won't end the job discrimination that too many servicemembers face when they come home. But it will certainly improve the assistance they receive in obtaining the help they have earned and deserve.
Our legislation has the support of the Nation's largest veterans' organization, the American Legion, which emphasizes that the ``enforcement of veterans' employment and reemployment rights . . . can only be achieved through aggressive oversight and timely investigation.'' This legislation, the American Legion says, will ``strengthen veterans' employment and reemployment rights'' by imposing ``timely, realistic deadlines on Federal agencies to process'' their claims. We are proud to have the American Legion's support for this legislation.
We know we can never truly repay our veterans for their immense sacrifices. They have fought hard for our country, and it is up to us to fight just as hard for them when they return home to the heroes' welcome they so justly deserve. An important part of that welcome is keeping the promise that we made to them to protect their employment rights when they return.
That is what this legislation seeks to do, and I urge my colleagues to enact it as soon as possible.
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Mr. President, today I am introducing with my good friend from Pennsylvania, Senator Specter, an innovative bill that will help the lives of domestic violence victims. Sadly, domestic violence…
Mr. President, today I am introducing with my good friend from Pennsylvania, Senator Specter, an innovative bill that will help the lives of domestic violence victims. Sadly, domestic violence remains a reality for one out of four women in our country. Experts agree a pivotal factor to ending domestic violence is meaningful access to the justice system. Recent academic research finds that increased provision of legal services is ``one likely significant factor in explaining the decline [of domestic violence] . . . Because legal services help women with practical matters such as protective orders, custody, and child support they appear to actually present women with real, longterm alternatives to their relationships.'' Stopping the violence hinges on a victim's ability to obtain effective protection orders, initiate separation proceedings or design safe child custody.
Yet thousands of victims of domestic violence go without representation every day in this country. A patchwork of services do their best to provide represent domestic violence victims, law school clinics, individual State domestic violence coalitions, legal services, and private attorneys. But there are obvious gaps and simply not enough lawyers for victims and their myriad legal needs due to the abuse, including protection orders, divorce and child custody, immigration adjustments, and bankruptcy declarations. Experts estimate that current legal services serve about 170,000 low-income domestic violence victims each year and yet, there are at least 1 million victims each year. At best then, less than 1 out of 5 low-income victims ever see a lawyer.
I believe there is a wealth of untapped resources in this country, lawyers who want to volunteer. My National Domestic Violence Volunteer Act would harness the skills, enthusiasm and dedication of these lawyers and infuse 100,000 new volunteer lawyers into the justice system to represent domestic violence victims. We should make it as smooth and simple for volunteer lawyers. My bill creates a streamlined, organized and national system to connect lawyers to clients.
I can't overemphasize the importance of having a lawyer standing shoulder-to-shoulder with a victim as she navigates the system. We must match a willing lawyer to a victim as soon as the victim calls the Hotline, walks into a courtroom or involves the police. It is at that crucial moment a victim needs to feel support, and if she doesn't, she may retreat back into the abuse.
To enlist, train and place volunteer lawyers, my bill creates a new, electronic National Domestic Violence Attorney Network and Referral Project that will be administered by the American Bar Association Commission on Domestic Violence.
There are five components of my legislation.
First, it creates a National Domestic Violence Volunteer Attorney Network Referral Project to be managed by the American Bar Association Commission on Domestic Violence. With $2 million of new Federal funding each year, the American Bar Association Commission on Dometic Violence will solicit for volunteer lawyers and then create and maintain an electronic network. It will provide appropriate mentoring, training and technical assistance to volunteer lawyers. And it will establish and maintain a point of contact in each State, a statewide legal coordinator, to help match willing lawyers to victims.
Second, it enlists the National Domestic Violence Hotline and Internet sources to provide legal referrals. The bill will help the National Domestic Violence Hotline to update their system and train advocates on how to provide legal referrals to callers in coordination with the American Bar Association Commission on Domestic Violence. Legal referrals may also be done by qualified Internet-based services.
Third, it creates a Pilot Program and National Rollout of National Domestic Violence Volunteer Attorney Network and Referral Project. The bill designs a pilot program to implement the volunteer attorney network in five diverse States. The Office on Violence Against Women in the Department of Justice will administer these monies to qualified statewide legal coordinators to help them connect with the ABA Commission on Domestic Violence, the National Domestic Violence Hotline, and the volunteer lawyers. After a successful stint in five States, the bill will rollout the program nationally.
Fourth, the measure establishes a Domestic Violence Legal Advisory Task Force to monitor the program and make recommendations.
Fifth, the bill mandates the General Accounting Office to study each State and assess the scope and quality of legal services available to battered women and report back to Congress within a year.
A terrific roundtable of groups reviewed and contributed to this legislation, including the National Network to End Domestic Violence, the Legal Resource Center for Violence Against Women, the National Coalition Against Domestic Violence, the National Council of Juvenile and Family Court Judges, the American Bar Association, WomensLaw.org, the National Domestic Violence Hotline, the Legal Services Corporation, the American Prosecutors Research Institute, National Legal Aid and Defenders Association, National Center for State Courts, National Association for Attorneys General, Battered Women's Justice Project, National Association of Women Judges, National Association of Women Lawyers, National Crime Victim Bar Association and National Center for the Victims of Crime.
I want to end today with a story about an American hero, a woman who has been to hell and back and now is a tremendous advocate for domestic violence victims, Yvette Cade. I want to tell it to you because I think it serves as such a powerful message about why battered women should have legal assistance.
Yvette Cade, a Maryland resident, was doused with gasoline and set on fire by her estranged husband while she was at work. Half of her upper body, including her entire face, suffered third-degree burns, the most serious level.
Just three weeks before the attack, a judge dismissed the protective order Yvette had against her husband, despite her protests that he was violent. At the hearing in which the judge dismissed Cade's protective order, the judge told Cade he could not be her advocate, only the ``umpire.'' Cade told him that she no longer wanted to be married to her abusive husband. The judge replied, ``well, then get a lawyer, and get a divorce. That's all you have to do,'' I believe that today's National Domestic Violence Volunteer Attorney Network Act would make getting a lawyer a reality, not just good advice.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to reintroduce legislation that will bring our Nation's insurance regulatory system into the 21st century by providing uniformity, predictability, and greater efficiency…
Mr. President, I rise today to reintroduce legislation that will bring our Nation's insurance regulatory system into the 21st century by providing uniformity, predictability, and greater efficiency to the way insurance is regulated in this country.
The National Insurance Act of 2007, which builds upon legislation Senator Johnson and I first introduced last year, provides for an optional Federal charter that would offer insurers the choice of being regulated under a new Commissioner of National Insurance or under the continued jurisdiction of the States.
I am pleased that Senator Johnson once again joins me as an original cosponsor of this bill. Since we introduced the initial National Insurance Act just over a year ago, momentum has been building for the reforms called for under our legislation and the question has become not whether an optional Federal charter should be implemented, but when.
In an increasingly global financial services industry, numerous studies have called for changes to the manner in which insurance is regulated in the United States as one of the ways to make our financial services sector more competitive in the worldwide economy.
The bipartisan Bloomberg-Schumer report on financial services industry competitiveness, for example, states, ``One priority, in the context of enhancing competitiveness for the entire financial services sector and improving responsiveness and customer service, should be an optional federal charter for insurance, based on market principles for serving customers.''
Furthermore, the Blue Ribbon Commission on Mega-Catastrophes states, ``It (an optional federal charter for insurance) would lead to . . . consistent regulation of insurer safety and soundness, and the elimination of duplicative regulation and supervision . . .In addition, an OFC should promote greater competition that would benefit policyholders.''
In addition to the study recommendations, a number of other indicators suggest that the time is right for reform. The coalition in support of the bill continues to grow and the general acceptance of the concept of reform we have proposed is also growing.
The arguments against the bill are increasingly seen for what they are: parochial in nature, rather than forward-looking and in the best interests of consumers, our financial services sector, and the strength of our overall economy.
In 1999, Congress passed the Gramm-Leach-Bliley Act--broad legislation that modernized the rules that regulate banks and securities firms and provided a foundation for the financial services industry to become more integrated, market-oriented, technologically advanced, and global in nature. Since then, consumers have benefited from improved industry competition and innovation, greater choice of financial products, and more efficient delivery of services.
The insurance industry, however, has not enjoyed the same dynamic marketplace within the global economy. Long subject to a patchwork of State regulations, the sector's menu of available services is not as robust as it could be. An inefficient regulatory system spread across more than 50 different jurisdictions imposes direct and indirect costs on insurers in the form of higher compliance fees associated with non- uniform regulations and delayed market entry for new products from onerous approval barriers.
With advances in technology, insurance is increasingly a global product that cries out for a more consistent and efficient regulatory environment that allows new products to be brought to market in a much quicker fashion than the current system often allows. Under the State regulatory regime new product launches are consistently delayed up to 2 years while they await the approval of an individual State regulator.
A more uniform regulatory environment, mirroring the highly successful dual banking system, should substantially improve the climate in several critical ways for those who buy, sell and underwrite insurance, while also providing superior consumer protection.
As the Bloomberg-Schumer report puts it, our bill would allow best- in-breed regulations to ``rise to the top'' and become national standards. A division of consumer protection, as created by the regulator, would oversee strict regulations and guard against unfair and deceptive practices by insurers and agents for the advertising, sale and administration of products. A division of insurance fraud, also created under the bill, would make insurance fraud a Federal crime.
While taking these cautionary steps to protect consumers, the bill does not, however, permit the Federal regulator to set rates or price controls for insurance. Instead, the National Insurance Act appropriately relies on competitive pricing within the marketplace.
Finally, the Office of National Insurance would be able to fill a vacuum and provide true national regulatory expertise and guidance on a number of issues Congress is legislating on that affect policyholders, the health of the insurance industry, and the overall economy.
The only real substantive change to this year's bill in comparison with the one introduced last year is that our updated legislation includes language that would add surplus lines of insurance as a type of insurance that a person with a Federal producer's license would be authorized to sell under the Federal charter program.
Other technical and clarifying changes were made, but by and large this is last year's bill, with its spirit and purpose intact.
Former New York Insurance Commissioner, George Miller, who founded the National Association of Insurance Commissioners, NAIC made the following statement in 1871: ``The Commissioners are now fully prepared to go before their various legislative committees with recommendations for a system of insurance law which shall be the same in all States, not reciprocal but identical, not retaliatory, but uniform.
It's now been over 135 years since that statement was made, and unfortunately we are not much closer to Mr. Miller's goal.
In the months ahead, however, we look forward to making substantial progress on this legislation as we build on the momentum to modernize this country's insurance regulatory system and do what the State system has failed to do for over 135 years.
Mr. President, I rise today with my colleague, Senator Dorgan, to introduce a bill to reauthorize and expand two very important public health programs created by the Balanced Budget Act of 1997; The…
Mr. President, I rise today with my colleague, Senator Dorgan, to introduce a bill to reauthorize and expand two very important public health programs created by the Balanced Budget Act of 1997; The Special Diabetes Program for Indians and the Special Funding Program for Type I Diabetes Research. I want to thank my colleagues, Senator Inouye, Senator Baucus, Senator Collins, Senator Lincoln, Senator Hatch, and Senator Bingaman for joining us as original cosponsors of this bill. This type of bipartisan support clearly shows that addressing this disease and its consequences is an important health priority for our Nation.
Diabetes is one of the most serious and devastating health problems of our time. The American Diabetes Association estimates that 20.8 million Americans have diabetes; more than 7 percent of our population. The number of U.S. adults with diagnosed diabetes has increased by more than 60 percent since 1991 and is projected to more than double by 2050. It ranks as the sixth leading cause of death in America. This has serious national implications; it is overwhelming health systems in the states and the Nation.
Although diabetes occurs in people of all ethnicities, the diabetes epidemic is particularly acute in our Native American populations. Among some tribes, as many as 50 percent of the adult population have the disease. That is why during the negotiations on the 1997 Balanced Budget Act, I helped craft an agreement to finance diabetes programs of the Indian Health Service and help raise the profile of tribal health programs. The Special Diabetes Program for Indians began with funding of $30 million annually for 5 years and was later expanded to $150 million a year. This funding has been used widely in Indian country, including among the Navajo Nation and the 19 Pueblos in New Mexico.
Federally supported treatment and prevention programs are showing real results in the Native American populations. The current funding has established almost 400 new diabetes treatment and prevention programs in Native communities. It has helped to provide critical resources such as medications and therapies, clinical exams, screenings, and resources to prevent complications. It has provided primary prevention activities such as physical fitness programs, medical nutrition therapy, wellness activities, and programs that target children and youth. The experiences of these programs have provided many important lessons learned that will benefit other minority communities and all people affected by diabetes.
Despite all the positive results we have seen from these efforts, there is still much more work to be done. I have traveled extensively on the Navajo reservation and other parts of Indian country and seen those who still need help. I have visited the dialysis centers and met with those who are suffering from the effects of this disease. Due to the prevalence of this problem, it will take years for us to achieve our ultimate goal of reducing and eliminating diabetes and its complications. But, unless Congress reauthorizes and expands this program, the funding for these efforts and activities will end next year. We can't let that happen. The Special Diabetes Program for Indians has made an enormous and substantial impact on the problem of diabetes in Indian communities. The loss of funding now would be devastating. We must continue to focus specific resources to address the epidemic of diabetes in the Native American communities. That is why the bill we are introducing today will reauthorize the Special Diabetes Program for Indians for an additional 5 years and increase the funding from $150 million to $200 million each year. This will provide a billion dollars over the next 5 years for this program, $250 million more than we are currently authorized to spend. Reauthorization of this vital program will help save lives. It is the right thing to do and it is a smart investment of our health care dollars.
In addition to the reauthorization of the Special Diabetes Program for Indians, this bill will also reauthorize another important tool in our battle against diabetes, the Special Funding Program for Type I Diabetes Research. Like the Indian program, this program is set to expire next year, and this bill will provide an authorization for an additional 5 years and increase the funding from $150 million to $200 million each year.
The Type I Diabetes research program which was also created in 1997 Balanced Budget Act has allowed the Federal Government to make dramatic advances in research and treatment since its inception. This funding has helped support research into the identification of genes that increase susceptibility to diabetes. It has helped with the development of therapies that have helped slow the progression and in some cases even reverse the progression of this disease. And it has helped develop tools and methods that help people manage the disease long term.
Again though, there is still much more work to be done. Continued investment in this program will help to maintain support for research that is truly helping those who are living with diabetes and help prevent the onset of diabetes in others. The Federal investment in research has produced tangible
results that I believe justify its continued support. Diabetes is taking too heavy a toll on too many Americans and their families. Continued funding is vital to the continuation of our fight against diabetes.
The prevention and treatment of diabetes has improved greatly over the past decade and I believe it is in large part due to the funding and research accomplished through these two programs. Complications of diabetes can be prevented and the costs of this disease to our society can be contained. Research, early detection and treatment, however, are the keys. I hope that Congress will join together to reauthorize these programs and also provide to them the increase in funding that they need to keep making advances.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I am pleased to introduce bipartisan legislation today along with my distinguished colleague, Senator Olympia Snowe, known as the State Child Well-Being Research Act of 2007. This bill…
Mr. President, I am pleased to introduce bipartisan legislation today along with my distinguished colleague, Senator Olympia Snowe, known as the State Child Well-Being Research Act of 2007. This bill is designed to enhance child well-being by requiring the Secretary of Health and Human Services to facilitate the collection of State-specific data based on a set of defined indicators. The well- being of children is important to both the national and State governments and data collection is a priority that should not be ignored.
In 1996, Congress passed bold legislation to dramatically change our welfare system, and I supported it. The driving force behind this reform was to promote work and self-sufficiency of families and to provide flexibility to States--where most child and family legislation takes place--to achieve these goals. States have used this flexibility to design different programs that work better for families who rely on them. Other programs that serve children, ranging from the Children Health Insurance Program, CHIP, to child welfare services, can vary among States.
It is obvious that in order for policy makers to evaluate child well- being, we need State-by-State data on child well-being to measure the results. Current survey methods can provide minimal data on some indicators of child well-being, but insufficient data is provided on low-income families, geographic variation, and young children. Additionally, the information is not provided in a timely manner, which impedes legislators' ability to effectively
accomplish the goals set forth in welfare reform.
The State Child Well Being Research Act Of 2007 is intended to fill this information gap by collecting up-to-date, State-specific data that can be used by policymakers, researchers, and child advocates to assess the well-being of children. It would require that a survey examine the physical and emotional health of children, adequately represent the experiences of families in individual States, be consistent across States, be collected annually, articulate results in easy to understand terms, and focus on low-income children and families. This legislation also establishes an advisory committee which consists of a panel of experts who specialize in survey methodology, indicators of child well- being, and application of this data to ensure that the purpose is being achieved.
Further, this bill avoids some ofthe other problems in the current system by making data files easier to use and more readily available to the public. As a result, the information will be more useful for policy-makers managing welfare reform and programs for children and families.
Finally, this legislation also offers the potential for the Health and Human Service Department to partner with several private charitable foundations, including the Annie E. Casey, John D. and Catherine T. MacArthur, and McKnight foundations, who are interested in forming a partnership to provide outreach and support and to guarantee that the data collected would be broadly disseminated. This type of public- private partnership helps to leverage additional resources for children and families and increases the study's impact. Given the tight budget we face, partnerships make sense to meet this essential need. I hope my colleagues review this legislation carefully and support it so that we and State policy makers and advocates have the information necessary to make good decisions for children.
Mr. President, I rise today to introduce legislation to create a 21st Century Skills Incentive Fund, and I am proud to have the bipartisan support of my colleague, Senator Olympia Snowe. We have a tradition of working together, especially on education and technology.
This legislation is designed to support and encourage those States that are willing to accept the bold challenge of the Partnership for 21st Century Skills to teach the core subjects, but to also go beyond the basics to include 21st Century themes like global awareness and entrepreneurial literacy. The partnership's framework emphasizes skills like critical thinking, innovation and communication skills. It also promotes information and communications technology literacy, known as ICT literacy, and life and career skills such as self direction and leadership. This bold agenda needs to be woven into State education strategy at every level, including standards and assessments, curriculum, professional development, and learning environments.
Every State willing to accept and work to implement such a progressive model and agenda deserves encouragement and support. That is why this bill would create a 21st Century Skills Incentive Fund to provide Federal matching dollars for new State investments and foundation donations to 21st Century Skills. There would also be a Federal tax incentive for corporate donations. The Federal Government won't put up a dime until a state's plan is approved by the Partnership for 21st Century Skills, a nonprofit organization of leading technology companies and education leaders. But the Federal Government will offer matching grants to help States that are willing to make an investment in such quality education.
This is an important investment, and the next step to enhance education and prepare our students for the new, competitive workforce. This initiative also will emphasize global awareness, civic literacy and life skills so young people understand our place in the world and are ready to take on greater responsibilities in understanding and improving their own communities.
The Partnership for 21st Century Skills Partnership has introduced a new model for education. It represents a bold and important new direction for the future of education in this country. This legislation is designed to help the Federal Government become a partner and play a positive role in preparing our students for their future.
Mr. President, throughout my time in the United States Congress, I have worked with my colleagues to promote the economic security of low-income and working American families. In many respects, we…
Mr. President, throughout my time in the United States Congress, I have worked with my colleagues to promote the economic security of low-income and working American families. In many respects, we have made significant progress, but in others, much work remains to be done. The last several years have been difficult ones for low-income Americans. Since 2000, the number of Americans living in poverty has increased by 5 million. At the same time, wages have stagnated for Americans in the bottom tenth of earners. It's no surprise that more and more Americans have turned to vital Federal food assistance such as the Food Stamp Program, which this year will serve 26 million Americans.
The Food Stamp Program is our Nation's first line of defense against hunger, providing modest but vital benefits to millions of American families, and also serving our country during times of extraordinary need. In fact, the Food Stamp Program played a crucial role in helping millions of Americans who were devastated by the Gulf Coast hurricanes of 2005.
Unfortunately, Congress has not taken action to modernize the program so that it addresses the current challenges that low-income Americans must face. It is time for Congress to make such needed program improvements. With the food stamp reauthorization pending as part of the upcoming farm bill, we have an opportunity and an obligation to invest in the Food Stamp Program and, in so doing, in the food security and health of our country's families.
Today I am joined by my good friend and colleague, Senator Lugar from Indiana, in introducing the Food Stamp Fairness and Benefit Restoration Act of 2007. I thank the Senator from Indiana for his long-time efforts to fight hunger in America, and for joining me today to introduce this legislation.
The bill that we are introducing today contains several particular improvements.
First and foremost, the legislation would halt food stamp benefit erosion that is occurring as a result of draconian cuts enacted in the mid-90s. As a result of these cuts, food stamp benefits are eroding with every passing year and, as they do, the economic situations of families receiving food stamps grows ever more precarious.
Second, the bill would enable families to deduct fully the costs of child care for purposes of eligibility and benefit determination. Currently, program rules allow families to deduct just $175 per month of the cost of child care. Not only has this deduction not been adjusted to account for increases in the cost of child care, but it comes nowhere near covering the cost of child care, which nationwide averages almost $650 per month.
Third, the legislation would update archaic program rules regarding the resources that a family may have and still receive food stamps. In 1977, Congress established a program rule that said that a family may have $1,750 in available liquid assets and still receive food stamps. Had this asset limit been adjusted for inflation, today a family would be able to have nearly $6,000 in savings and still receive food stamps. Instead, we allow just $2,000. This makes no sense. Not only does it actively discourage families from saving for their future, it all but requires families that experience an economic shock such as a job loss or a medical emergency to spend down their savings to hit absolute rock bottom just to receive meager food benefits. It is time to adjust this asset limit and stop discouraging families from doing what we tell every other American that they must do--save. To that end, the bill also exempts tax-preferred retirement and educational savings accounts.
Fourth, this bill restores food stamp eligibility for legal immigrant households. This too is nothing but a basic restoration of a principle of fairness that existed prior to the mid-1990s. Unfortunately, Congress chose, unwisely in my opinion, to take away benefits from those legal immigrants who played by the rules and legally entered our country. Keep in mind these are families who work and are part of our society. I disagreed with the decision then and I disagree with it today. It is time to rectify this grave injustice and abide by the basic principle that those who enter the country legally and play by the same rules as the rest of us, should also be eligible for the same benefits for which they pay taxes. Our bill would do that.
Fifth, the legislation would set more humane eligibility standards for unemployed, childless adults. These individuals are among the poorest in our country and often have significant
mental health and substance abuse problems. They are, in short, among the people who need our help the most. But ironically, they are among those who we deny the most basic of food assistance. Currently, such adults can receive food stamps for only 3 months out of every 3 years. This legislation proposes a modestly more sympathetic standard of 6 months out of every 2-year period.
Finally, my bill would increase funding for commodity purchases for food banks and community food providers. U.S. Government donations to food banks have dropped dramatically in recent years, even as the number of Americans seeking help from community food providers has consistently increased.
I know that the budget is tight and that Congress must be prudent in decisions about how we allocate funding. But I also know that there is no function of the federal government as basic and as critical as ensuring that low-income Americans, families with children, elderly living on fixed incomes, and persons with disabilities, have enough food for their next meal. It is past time for Congress to act in this regard, and I hope that my colleagues on both sides of the aisle will join me and the Senator from Indiana to enact the Food Stamp Fairness and Benefit Restoration Act of 2007.
Mr. President, on behalf of Hampstead, NH, middle school students, school board officials, board of selectmen, and residents, I rise to honor a fallen hero, U.S. Army Ranger CAPT Jonathan David…
Mr. President, on behalf of Hampstead, NH, middle school students, school board officials, board of selectmen, and residents, I rise to honor a fallen hero, U.S. Army Ranger CAPT Jonathan David Grassbaugh, by introducing a bill to designate the United States Postal Service facility at 59 Colby Corner in East Hampstead, NH, as the Captain Jonathan D. Grassbaugh Post Office.
Jon, as he was called by his family and friends, moved to East Hampstead, NH, from St. Marys, OH, in 1989. He attended Hampstead Central Elementary School and Hampstead Middle School, where his mother, Patricia, is principal.
Jon graduated high school from Phillips Exeter Academy, in Exeter, NH, where he was a 4-year honor student in the Class of 1999. Jon left a remarkable impression on the Phillips Exeter community; remembered for his manifestation of the motto ``Non Sibi'' or ``Not for Oneself,'' a Latin phrase inscribed on the Academy's seal. Jon exemplified his passion for life through his persistent dedication to his studies, tireless volunteer efforts in school and the local community, commitment to the academy's radio station, Grainger Observatory, and the school's Washington internship program.
Jon's illustrious high school years were prologue to a promising future, full of infinite potential. Jon enrolled at Johns Hopkins University, where he graduated in 2003, earning a bachelors degree in computer science from the renowned Whiting School of Engineering.
At a young age, Jon's family instilled in him the importance of volunteerism and service to the U.S. Jon's father, Mark, proudly served 3\1/2\ years as an Army Ranger during Vietnam, and his older brother, West Point alum and Dartmouth Medical School graduate, Army Captain Dr. Jason Grassbaugh, is currently serving as an orthopedic surgeon in Fort Lewis, WA. Jon continued this family tradition of service, joining the Johns Hopkins Army ROTC program, and eventually becoming battalion commander his senior year. He also became a proud member of the Pershing Rifles fraternal organization, captained the Ranger Challenge Team, and won the national two-man duet drill team competition.
In a storybook setting, Jon met Jenna Parkinson, a freshman ROTC cadet from Boxborough MA, during his senior year. Jon and Jenna slowly grew closer, watching movies together during spring break, sharing flights to and from school, and attending the military ball. A few short years later, Jon proposed to Jenna on April 30, 2005, and the young couple subsequently married on June 9, 2006, in a Cape Cod ceremony. Prior to their wedding day, Jon and Jenna filled out a questionnaire for their officiate, which asked, ``Where is a sacred spot, a place where you feel most connected, most at peace and most inspired?'' Jon's answer came in three loving words: ``With my wife.''
Following graduation, Jon completed U.S. Army Ranger School in April 2004 and served his country both at home and abroad. He was assigned to the 7th Cavalry in the Republic of South Korea and served as a member of the Army Hurricane Katrina Relief Team. Later, Jon was assigned to the 5th Squadron, 73rd Cavalry Regiment, 3rd Brigade Combat Team, 82nd Airborne Division in Fort Bragg, NC, where he and the now U.S. Army 2nd Lieutenant Jenna Grassbaugh would reside.
Shortly after Jon and Jenna were married, he was deployed for a second tour of duty, in Iraq. Tragically, on April 7, 2007, Jon was one of four soldiers who died while conducting a combat logistics patrol in Zaganiyah, Iraq. Throughout Jon's distinguished military service, he received a number of accolades and commendations, including: the Bronze Star Medal, Purple Heart Medal, Meritorious Service Medal, Army Commendation Medal, Joint Service Achievement Medal, Army Achievement Medal, National Defense Service Medal, Iraqi Campaign Medal, Global War on Terrorism Service Medal, Korean Defense Service Medal, Humanitarian Service Medal, Army Service Ribbon, Ranger Tab, Combat Action Badge, and Parachutist Badge.
Jon is remembered as a confident and mentally strong leader, whose poise under pressure, intelligence, compassion, and love for God, country and family transcends his passing. His valor on the field of battle was equally as impressive as his undying loyalty to and love for his squadron. One well-known anecdote recalls a combat operation in which Jon had pizza flown by helicopter from 100 kilometers away to where his troops were conducting combat operations in an effort to lift morale. Jon left a legacy that continues to inspire our Nation's future leaders from Hampstead and Exeter, NH, Johns Hopkins, and those he proudly served beside in Iraq.
On a deep and personal note, for those who had the sincere privilege and honor to meet Jon, it was evident his exuberance for life and new experiences, ingenuity, and academic acumen destined him for greatness. By the time of his death, Jon had achieved more than most individuals do in a lifetime, a testimonial to his family's love and guidance through his young life, and Jenna's warmth and support as he fought for our Nation.
Today, Jonathan Grassbaugh rests in peace at one of our Nation's most hallowed and sacred grounds, Arlington National Cemetery--his rightful place among generations of brave Americans who sacrificed their lives in defense of this country. His loved ones will forever remember him as a loving husband, son, brother, and friend. Let it be known, the citizens of New Hampshire and our Nation are eternally in debt to Jonathan David Grassbaugh, an honorable son of New Hampshire, an American Patriot, and a guardian of liberty.
Mr. President, I ask unanimous consent that a letter of support be printed in the Record.
Mr. President, I am pleased to be joined today by all Members of the Senate from the Northwest: Senator Gordon Smith, Senator Larry Craig, Senator Patty Murray, Senator Maria Cantwell, Senator Jon…
Mr. President, I am pleased to be joined today by all Members of the Senate from the Northwest: Senator Gordon Smith, Senator Larry Craig, Senator Patty Murray, Senator Maria Cantwell, Senator Jon Tester, Senator Max Baucus and Senator Mike Crapo in introducing the Fisheries Restoration and Irrigation Mitigation Act of 2007, or FRIMA. Our legislation extends a homegrown, commonsense program that has a proven track record in helping restore Northwestern salmon runs. Dollar-for-dollar, the fish screening and fish passage facilities funded by our legislation are among the most cost-effective uses of public and private restoration dollars. These projects protect fish while producing significant benefits. That is why it is important that this program be reauthorized and funding be appropriated now.
Since 2001, when the original Fisheries Restoration and Irrigation Mitigation Act of 2000, FRIMA, was enacted, more than $9 million in Federal funds has leveraged nearly $20 million in private, local funding. This money has been used to protect, enhance and restore more than 550 rivers miles of important fish habitat and species throughout Oregon, Washington, Idaho and western Montana. For decades, State, tribal and Federal fishery agencies in the Pacific Northwest have identified the screening of irrigation and other water diversions, and improved fish passage, as critically important for the survival of salmon and other fish populations.
This program is very popular and has the support of a wide range of constituents, including community leaders, environmental organizations, and agricultural producers. Senator Smith and I are proud of the successful collaborative projects that irrigators and members of the Oregon Water Resources Congress have completed while putting this program to work in our home State. Our program also has the support of Oregon Governor Ted Kulongoski, irrigators throughout the Northwestern States, Oregon Trout, American Rivers and the National Audubon Society.
FRIMA authorizes the Secretary of the Interior to establish a program to plan, design, and construct fish screens, fish passage devices, and related features. It also authorizes inventories to provide the information needed for planning and making decisions about the survival and propagation of all Northwestern fish species. The program is currently carried out by the U.S. Fish and Wildlife Service on behalf of the Interior Secretary.
FRIMA provides benefits by: keeping fish out of places where they should not be, such as in an irrigation system; easing upstream and downstream fish passage; improving the protection, survival, and restoration of native fish species; helping avoid new endangered species listings by protecting and enhancing the fish populations not yet listed; making progress toward the delisting of listed species; utilizing a positive, win/win, public-private partnership; and, assisting in achieving both sustainable agriculture and fisheries. Since FRIMA's enactment in 2001, 103 projects have been installed. This is a true partnership and fine example of how our fisheries and farmers can work together to protect fish species throughout the Northwest.
While he was Governor of Idaho, Interior Secretary Dirk Kempthorne said, ``. . . . the FRIMA program serves as an excellent example of government and private land owners working together to promote conservation. The screening of irrigation diversions plays a key role in Idaho's efforts to restore salmon populations while protecting rural economies.'' This is from ``Fisheries Restoration and Irrigation Mitigation Programs, fiscal year 2002-2004'', U.S. Fish & Wildlife Service, Washington, DC, July, 2005, page 13.
The bill that we are introducing today specifically extends the authorization for tbis program through 2014; gives priority to projects costing less than $2.5 million, a reduction in a targeted project's cost from $5,000,000 to $2,500,000; clarifies that any Bonneville Power Administration, BPA, funds provided either directly or through a grant to another entity shall be considered nonFederal matching funds, because BPA's funding comes from ratepayers; requires an inventory report describing funded projects and their benefits; and changes the administrative expenses formula used by the Fish & Wildlife Service and the States of Oregon, Washington, Montana and Idaho, so that administrative costs may be held to a minimum while projects in the field receive the majority of available funding.
Ultimately, it will take the combined efforts of all interests in our region to recover our salmon. State and local governments, local watershed councils, private landowners and the Federal Government need to continue working together. Initiatives such as the bill I am introducing today help to sustain the partnerships upon which successful salmon recovery will be based.
I look forward to working with my colleagues to see this legislation pass.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise to discuss a bill that I will introduce today with Senator Baucus--the Fair and Reliable Medical Justice Act of 2007. This legislation recognizes the current disrepair of our…
Mr. President, I rise to discuss a bill that I will introduce today with Senator Baucus--the Fair and Reliable Medical Justice Act of 2007. This legislation recognizes the current disrepair of our medical liability system and puts into place a process that will provide better results for patients and for doctors.
Our legislation is designed to encourage States to rethink the way the system works so that injured patients receive fair and just compensation in a more timely manner. The new system would also provide consistent and reliable results so that doctors can eliminate the practice of defensive medicine and instead focus on the needs of each individual patient. Unfortunately, that doesn't happen right now because our system is broken.
I know we debate medical litigation frequently here on the floor, but throughout those debates I have noticed something interesting. Whenever we argue the pros and cons of the bills before us, no one ever stands up to argue that the system doesn't need any reform. In fact, everyone in the Senate agrees that our medical litigation system needs to be changed.
Why doesn't anyone try to defend our current medical litigation system? Because it doesn't work. No one--not patients or health care providers--are appropriately served by our current procedures. Right now, many patients who are hurt by negligent actions receive no compensation for their loss. Those who do receive a mere 40 cents of every premium dollar, given the high costs of legal fees and administrative costs. That is simply a waste of medical resources. The randomness and delay associated with medical litigation does not contribute to timely, reasonable compensation for most injured patients. Some injured patients get huge jury awards, while many others get nothing at all. It is important to patients and doctors that our justice system is perceived as both efficient and fair. Furthermore, the likelihood and the outcomes of lawsuits and settlements bear little relation to whether a healthcare provider was at fault. Consequently, we are not learning from our mistakes. Rather, we are simply diverting our doctors. When someone has a medical emergency they want to see a doctor in an operating room, not a court room.
The medical liability system is losing information that could be used to improve the practice of medicine. Although zero medical errors is an unattainable goal, the reduction of medical errors, should be the ultimate goal in medical liability reform. The Institute of Medicine, in its seminal study, ``To Err is Human,'' estimated that preventable medical errors kill somewhere between 44,000 and 98,000 Americans each year. That study further emphasized that to improve our health care outcomes, we should no longer focus on individual situations but on the whole systems of care that are failing American patients. In the 8 years since that study, little progress has been made. Instead, the practice of medicine has become more specialized and complex, while the tort system has forced more focus on individual blame than on system safety.
To mitigate that individual blame, doctors practice ``defensive medicine.'' Simply stated, ``defensive medicine'' occurs when a doctor departs from doing what is best for the patient because of fear of a lawsuit. Defensive medicine can mean ordering more tests or providing more treatment than necessary. For instance, a doctor might order an unnecessary and painful biopsy. Some estimates suggest that Americans will pay $70 billion for defensive medicine this year. Even if it is half that, it is still way too much.
Let's face it. Our medical litigation system is in need of repair. It fails to achieve its twin objectives. It doesn't provide fair and fast compensation to injured patients, and it doesn't effectively deter future mistakes. Even worse, it replaces the element of trust that is so vital to the provider-patient relationship with distrust. We can make it better.
That is why I am introducing this key legislation with Senator Baucus today. Our bill would provide $5 million to 10 States to initiate, fund, and evaluate demonstration projects that offer alternatives to traditional tort litigation. It will not pre-empt State law. It will allow States to find creative alternatives that will work much better for patients and providers in each State. The States have been policy pioneers in many areas before, including workers' compensation, welfare reform, and electricity deregulation. Medical litigation should be the next item on the agenda of the laboratories of democracy that are our 50 States. Let's take a step forward for American patients and their doctors by allowing this framework to move forward and make the changes that we all know are needed.
Mr. President, for years, Congress has not been able to answer the question, ``What can be done about rising medical malpractice insurance premiums?'' Today, Senator Enzi and I begin a process we…
Mr. President, for years, Congress has not been able to answer the question, ``What can be done about rising medical malpractice insurance premiums?'' Today, Senator Enzi and I begin a process we hope will end with action by Congress to resolve the problem.
The discussions the Senate has had about medical malpractice premiums until now have centered around imposing caps on noneconomic damages. The debate over caps has occurred several times in recent years, and has always ended with a failure to invoke cloture to vote on the legislation.
I have consistently opposed caps legislation because caps have been unsuccessful in preventing increases in medical malpractice premiums in my home State of Montana, as well as several other States. Clearly, it is time for a different approach.
The problem of rising insurance premiums affects the medical community, the legal community and, most importantly, patients. Doctors, burdened with continually-increasing insurance costs, have chosen to retire early, relocate their practices, or limit the services they provide to avoid high-risk procedures. Lawyers are concerned that reforms limit patients' ability to be compensated for their injuries. While patients find themselves caught in the middle, with ever- decreasing access to medical and legal services.
One of the reasons caps do not offer significant hope for improving the situation is that they treat the symptom of increasing premiums but not the underlying disease. We need to look for solutions that get to the root of the problem.
Any successful resolution to the problem must focus on compensating injured patients and on attempting to prevent similar injuries in the future. A 1999 Institute of Medicine study, To Err is Human, estimated that medical errors cause as many as 98,000 deaths per year in our Nation's hospitals alone. Even more deaths occur over the long-term and outside hospitals.
I think a new approach is in order. As such, Senator Enzi and I introduced the Fair and Reliable Medical Justice Act in the 109th Congress, and we are here today to reintroduce it. Our bill is innovative in how it confronts the problem.
We believe that a solution to this complex problem requires flexibility. We believe that because the civil justice system is largely a function of State law, the States are best situated to decide how their systems can be improved to work better for patients. We also believe that changes of this order should be tested and well thought out rather than simply mandated. There is no one size fits all answer.
So, our bill provides flexibility, leaves the decision-making to States and provides for demonstration programs to implement change in a thoughtful way. We owe a debt of gratitude to the experts at the Institute of Medicine for their 2002 report entitled, Fostering Rapid Advances in Health
Care: Learning from System Demonstration, for helping shape the Fair and Reliable Justice Act.
Our bill promotes State-based demonstrations of alternatives to current medical liability litigation. It aims to increase the number of patients who receive compensation for their injuries. It also tries to improve the speed with which they receive such compensation. The bill also encourages patient safety by promoting disclosure of medical errors, unlike the current tort system which encourages doctors to cover up medical mistakes.
Because the insurance premium problem and civil justice remedies vary by state we feel that the States are best positioned to analyze their unique situations and most capable to implement an effective solution. Therefore, the Fair and Reliable Medical Justice Act would establish State-based demonstration programs. The bill allows States to develop new ways to address and resolve their health care dispute issues.
There are innovative efforts already in effect in the private sector and some States that have achieved some success. I think it is time to encourage more innovation, to expand the range of options, and to empower the states to experiment and learn how to solve this persistent problem.
I want to thank Senator Enzi for his leadership on this issue. I am proud to have worked with him. I also want to recognize Representatives Cooper and Thornberry, who are dropping a companion bill in the House today. This bill approaches the medical liability insurance premium problem from a new perspective, through a set of common-sense pilot projects centered on improving patient safety. Rather than mandating a Federal band-aid for this recurring problem, this bill encourages the States to be innovative and creative to solve the problem while giving them flexibility and Federal support to implement their cures.
Mr. President, I rise to speak on a bill I am introducing with my colleagues, Senator Smith and Senator Reed. The bill is a reauthorization of the Garrett Lee Smith Memorial Act, a landmark…
Mr. President, I rise to speak on a bill I am introducing with my colleagues, Senator Smith and Senator Reed. The bill is a reauthorization of the Garrett Lee Smith Memorial Act, a landmark legislation enacted nearly three years ago that significantly strengthened our commitment as a Nation to reduce the public and mental health tragedy of youth suicide. I would like to take a moment to thank my colleagues who joined me in this effort, particularly Senator Smith. We all know the personal tragedy Senator Smith, his wife, Sharon, and their family suffered when their son and brother, Garrett, took his life over 3 years ago. Since that time, Senator Smith and Sharon have become tireless advocates in advancing the cause of youth suicide prevention, and their work should be commended.
Three years after this important legislation became law, suicide among our Nation's young people remains an acute crisis that knows no geographic, racial, ethnic, cultural, or socioeconomic boundaries. Each year, almost 3,000 young people take their lives, making suicide the third overall cause of death between the ages of 10 and 24. Young people under the age of 25 account for 15 percent of all suicides completed. In fact, more children and young adults die from their own hand than from cancer, heart disease, AIDS, birth defects, stroke and chronic lung disease combined.
Equally alarming are the numbers of young people who consider taking or attempt to take their lives. Centers for Disease Control and Prevention figures estimate that almost 3 million high school students, or 20 percent of young adults between the ages of 15 and 19, consider suicide every year. Furthermore, over 2 million children and young adults actually attempt suicide each year. Seventy percent of people who die by suicide tell someone about it in advance. Yet, tragically, few of these young people do not receive appropriate intervention services before it's too late.
When it was enacted into law, the Garrett Lee Smith Memorial Act became the first legislation specifically designed to prevent youth suicide. The legislation established a new grant initiative for the further development and expansion of youth suicide early intervention and prevention strategies and the community-based services they seek to coordinate. It additionally authorized a dedicated technical assistance center to assist States, localities, tribes, and community service providers with the planning, implementation, and evaluation of these strategies and services. It also established a new grant initiative to enhance and improve early intervention and prevention services specifically designed for college-aged students. Lastly, it created a new inter-agency collaboration to focus on policy development and the dissemination of data specifically pertaining to youth suicide. I am pleased to say that to date, 29 States, 7 tribes, and 55 colleges and universities have benefitted from $63.4 million in resources to increase their services to youth, provided by the Garrett Lee Smith Memorial Act.
The bill we introduce today seeks to continue the good work started by the initial legislation. First, it authorizes $210 million over 5 years for continued development and expansion of statewide youth suicide prevention and early intervention strategies. Second, it authorizes $31 million over 5 years to continue assisting college campuses meet the needs of their students. And third, it authorizes $25 million over 5 years to continue the vital research on suicide prevention for all age groups being conducted by the Suicide Prevention Technical Assistance Center.
I continue to believe that finding concrete, comprehensive and effective remedies to the epidemic of youth suicide cannot be done by lawmakers on Capitol Hill alone. Those remedies must also come from individuals, doctors, psychiatrists, psychologists, counselors, nurses, teachers, advocates, survivors, and affected families, who are dedicated to this issue or spend each day with children and young adults that suffer from illnesses related to suicide. Despite the goals we have achieved with the Garrett Lee Smith Memorial Act, I believe that our work is not done. I hope that, as a society, we can continue working collectively both to understand better the tragedy of youth suicide and develop innovative and effective public and mental health initiatives that reach every child and young adult in this country-- compassionate initiatives that give them encouragement, hope, and above all, life.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I am pleased to join with my good friend and distinguished colleague from Massachusetts, Senator Kennedy, in introducing S. 2471, the proposed USERRA Enforcement Improvement Act of…
Mr. President, I am pleased to join with my good friend and distinguished colleague from Massachusetts, Senator Kennedy, in introducing S. 2471, the proposed USERRA Enforcement Improvement Act of 2007. This measure is intended to make substantial improvements in the manner in which claims made under the Uniformed Services Employment and Reemployment Rights Act of 1994--USERRA--are processed and to help ensure that individuals' complaints are addressed in a prompt and efficient manner.
Our troops are returning home from battle, and many of them seek to return to the jobs that they held prior to their military service, particularly those serving in Guard and Reserve units. USERRA, which is set forth in chapter 43 of title 38, U.S. Code, provides these servicemembers with certain protections. USERRA also sets out certain responsibilities for employers, including to reemploy returning veterans in their previous jobs.
As Chairman of the Senate Veterans' Affairs Committee, I held two hearings earlier this year on issues relating to veterans' employment, including one focusing exclusively on the pilot project for processing USERRA claims in the Federal sector and the jurisdictional questions involving the Department of Labor and the Office of Special Counsel. I must admit to being particularly upset with the volume of USERRA claims related to Federal service. It is simply wrong that individuals who were sent to war by their Government should, upon their return, be put in the position of having to do battle with that same Government in order to regain their jobs and benefits.
Out of those hearings, and an oversight hearing held by the Senate Health, Education, Labor, and Pension Committee, chaired by Senator Kennedy, we have learned a great deal about the manner in which USERRA claims are investigated, resolved, or referred to other appropriate entities for enforcement actions. By and large, the process is seamless and frequently involves employer education in terms of helping them understand their obligations under the law. Still too often, many claims are quite complicated and involve what are sometimes called ``escalator claims,'' where an individual is seeking to be re-instated in a position with quite complicated benefits, seniority, health care and fiduciary issues. I believe that anytime an individual is denied their USERRA rights is one time too many. However, I understand that the confusion and misunderstanding that can exist for the employer-- particularly a small employer or one who may only have one employee who is a member of the Guard or reserve--can be frustrating.
The legislation we are introducing today seeks to establish reasonable time frames for the USERRA process. When veterans turn to the government to protect their employment rights, they deserve solutions, not delays. It is my hope that this legislation will assist the federal government in protecting the employment rights of veterans.
Our legislation would, in brief, require those filing complaints to be notified within 5 days of the establishment of a claim, require that complaints be investigated and a decision made with respect to the need for further referral within 90 days, and require prompt referral to other agencies. The Government Accountability Office would be required to submit quarterly reports on the processing of claims. Finally, data collected by the Employers' Support of the Guard and Reserve, a voluntary organization within the Department of Defense, would be required to be included in the Secretary of Labor's annual report on USERRA. With respect to this ESRG reporting requirement, it should be noted that this provision has already passed both bodies in the context of the pending conference agreement on the National Defense Authorization Act for fiscal year 2008, and it is included here in the event that legislation is not enacted.
I stress that our goal is to improve the current process. We want in no way to place strictures on the program that might result in less than satisfactory consideration and pursuit of claims. I intend to pursue the concerns of all of those involved in these claims--the Departments of Labor, Defense, and Justice, the Office of Personnel Management and the Office of the Special Counsel--through the legislative process in the next session. Should the need for refinements in the measure as it is introduced today become apparent, they will be carefully considered. I know that the Senator from Massachusetts will join me in that endeavor.
Bill Text
5 versions available
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 1526 Reported in Senate (RS)]
Calendar No. 674
110th CONGRESS
2d Session
H. R. 1526
[Report No. 110-322]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 24, 2007
Received; read twice and referred to the Committee on Energy and
Natural Resources
April 10, 2008
Reported by Mr. Bingaman, without amendment
_______________________________________________________________________
AN ACT
To amend the Reclamation Wastewater and Groundwater Study and
Facilities Act to authorize the Bay Area Regional Water Recycling
Program, 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 ``Bay Area Regional Water Recycling
Program Authorization Act of 2007''.
SEC. 2. PROJECT AUTHORIZATIONS.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) is amended by adding at the end the following:
``SEC. 16XX. MOUNTAIN VIEW, MOFFETT AREA RECLAIMED WATER PIPELINE
PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Palo Alto, California, and the City of Mountain View, California, is
authorized to participate in the design, planning, and construction of
recycled water distribution systems.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
``SEC. 16XX. PITTSBURG RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Pittsburg, California, and the Delta Diablo Sanitation District, is
authorized to participate in the design, planning, and construction of
recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,750,000.
``SEC. 16XX. ANTIOCH RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Antioch, California, and the Delta Diablo Sanitation District, is
authorized to participate in the design, planning, and construction of
recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,250,000.
``SEC. 16XX. NORTH COAST COUNTY WATER DISTRICT RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the North
Coast County Water District, is authorized to participate in the
design, planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000.
``SEC. 16XX. REDWOOD CITY RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Redwood City, California, is authorized to participate in the
design, planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,100,000.
``SEC. 16XX. SOUTH SANTA CLARA COUNTY RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the South
County Regional Wastewater Authority and the Santa Clara Valley Water
District, is authorized to participate in the design, planning, and
construction of recycled water system distribution facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000.
``SEC. 16XX. SOUTH BAY ADVANCED RECYCLED WATER TREATMENT FACILITY.
``(a) Authorization.--The Secretary, in cooperation with the City
of San Jose, California, and the Santa Clara Valley Water District, is
authorized to participate in the design, planning, and construction of
recycled water treatment facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,250,000.''.
(b) Conforming Amendments.--The table of sections for Public Law
102-575 is amended by inserting after the last item relating to title
XVI the following:
``Sec. 16xx. Mountain View, Moffett Area Reclaimed Water Pipeline
Project.
``Sec. 16xx. Pittsburg Recycled Water Project.
``Sec. 16xx. Antioch Recycled Water Project.
``Sec. 16xx. North Coast County Water District Recycled Water Project.
``Sec. 16xx. Redwood City Recycled Water Project.
``Sec. 16xx. South Santa Clara County Recycled Water Project.
``Sec. 16xx. South Bay Advanced Recycled Water Treatment Facility.''.
SEC. 3. SAN JOSE AREA WATER RECLAMATION AND REUSE PROJECT.
It is the intent of Congress that a comprehensive water recycling
program for the San Francisco Bay Area include the San Jose Area water
reclamation and reuse program authorized by section 1607 of the
Reclamation Projects Authorization and Adjustment Act of 1992 (43
U.S.C. 390h-5).
Calendar No. 674
110th CONGRESS
2d Session
H. R. 1526
[Report No. 110-322]
_______________________________________________________________________
AN ACT
To amend the Reclamation Wastewater and Groundwater Study and
Facilities Act to authorize the Bay Area Regional Water Recycling
Program, and for other purposes.
_______________________________________________________________________
April 10, 2008
Reported without amendment