American Indian Veteran Health Care Improvement Act

Mr. President, today I join Senator Kohl in introducing the Student Breakfast and Education Improvement Act as part of my continued efforts to improve our nation's schools. I am pleased to be working with the senior Senator from Wisconsin, who has been a longtime leader in this area. As far back as 1999, he has sponsored legislation to support breakfast programs, and he has continued his support through his work on the Agriculture Appropriations Committee since then.

One often overlooked part of student classroom performance is nutrition and hunger, which can have a tremendous impact on students. I know many of my colleagues share my support for school programs that help alleviate hunger for the most in-need students, such as the Free and Reduced Price Lunch Program, as well as those programs that provide healthier food, such as the Fresh Fruit and Vegetable Snack and Farm- to-Cafeteria programs.

I am sure that I am not the only member of this body who grew up hearing that breakfast is the most important meal of the day. When I talk to my colleagues and constituents about our proposal and the importance of breakfast and learning, it is not a hard sell. People understand immediately why this issue matters.

Unfortunately, too many children go hungry and too many parents have to choose between giving their children lunch or breakfast, even if they get the help of reduced price meals.

The Student Breakfast and Education Improvement Act would provide grants for schools wishing to begin or expand universal school breakfast programs. Studies show that kids who eat breakfast perform better in school and on tests, and they tend to be less disruptive to the class, and I have heard many stories from teachers, school nurses, and other school officials over the years to confirm this. In fact, last

year in my home State of Wisconsin, with the support of Senator Kohl, the Milwaukee Public Schools worked with the Hunger Task Force to implement universal school breakfast programs in more than 60 schools. This program, which has expanded in its second year, has proven popular with students, teachers, and parents.

We are set to debate the reauthorization of the No Child Left Behind Act, NCLB, later this year. NCLB was the 2002 reauthorization of the Elementary and Secondary Education Act, ESEA, of 1965. NCLB set the important goal of closing the achievement gap that exists in our nation's schools. I disagree with some of the methods that NCLB employs, including relying primarily on high-stakes standardized tests to measure students and schools, but I strongly agree that the achievement gap needs to be closed. The latest scores from the National Assessment on Educational Progress NAEP were released last week and the scores show we have a very long way to go before we close that achievement gap in many States, including in my State of Wisconsin.

There are a variety of education reforms that need to be pursued at the federal, state, and local level in order to close the achievement gap. One step Congress can take is to support programs to comprehensively address the needs of children, including their nutrition, health, and social needs. Our Student Breakfast and Education Improvement Act is legislation that is designed to help address some of those needs. Too many students in some of our nation's most disadvantaged schools walk into school in the morning hungry, or eat junk food for their breakfast. By working to provide these students with access to a nutritious breakfast, we are telling these students that we value them and that we want to help them achieve all that they can in school. Much more needs to be done to address other needs of our students, but this bill is a step in the right direction.

Our legislation would target the schools most in need, those with 65 percent more of students eligible for the free and reduced price lunch program, with the funds necessary to implement a universal free breakfast program. The grants, which could be used in a number of ways, aim to help schools overcome the numerous barriers to creating a universal school breakfast program. In fiscal year 2006, 10 million more students participated in free and reduced price lunch than breakfast. This disparity is troubling to me and many others.

Our bill would work with existing meal programs, not replace them. Provision 2 of Section 11(a)(l) of the National School Lunch Act allows schools to establish their free and reduced meal rates for a 4 year period if they serve all meals at no charge. The combination of not having to collect free and reduced price information from students annually, and not having to collect daily meal money from students, results in significant administrative savings. While schools participating under Provision 2 must cover the lost revenue from the reduced and full price meal costs, for the high-needs schools such as those targeted by this program, the typically higher participation rate also means the school can benefit from some economies of scale and receive a better price for the food. The grants this bill would provide would help schools make the initial investments needed to establish a universal breakfast program and make up for the lost revenue.

Some universal breakfast programs, like the one I mentioned in Milwaukee, have demonstrated that universal free breakfast programs create an economy of scale that actually makes the cost per student lower. The Milwaukee program served breakfast in the classroom, which, according to teachers and others involved, further improved the economy of the program, as well as the positive impact of breakfast on students' attention.

While our bill has some preferences, including a target for the poorest schools, it is important to note that it has tremendous flexibility for the states and school districts. Schools will be able to tailor their universal breakfast programs to the needs of their own students. It also gives schools the option of purchasing locally grown foods and linking with local farmers, which provide excellent opportunities for nutrition lessons and can even be incorporated into other subjects such as science and math.

This bill is just a start; much more should be done to increase participation in breakfast programs and provide schools with the ability and resources to design programs that address the needs of their students and communities. Our bill does not intend to replace broader efforts, but rather to provide some immediate assistance for the schools most in need. Furthermore, by including a reporting requirement and encouraging researchers to study the effectiveness of the funded programs in improving student learning, this legislation would provide useful evidence about the need for broader investment and how to ensure those resources are best spent.

I would like to thank Senators Tester, Sanders, Kerry, Durbin, Obama, Bingaman, and Domenici for their support for this legislation. The Student Breakfast and Education Improvement Act is also supported by the Hunger Task Force, Community Food Security Coalition, the School Social Work Association of America and the Wisconsin School Social Workers Association. I look forward to working with my colleagues to provide breakfast to more in-need students.

Mr. President, today I join Senators Brown, Durbin,

Landrieu, Murkowski and Murray in introducing the Advancing FASD Research, Prevention, and Services Act. I thank them for joining me in this important effort to improve the surveillance, identification, and prevention of Fetal Alcohol Syndrome Disorders, or FASD.

During the course of my career, I have admired people who struggle with the affects of a Fetal Alcohol Spectrum Disorder and watched with deep respect as their families struggle to help them succeed. Through no fault of their own, these FASD-affected individuals face a lifetime of cognitive, physical, and emotional challenges, including severe learning disabilities, physical abnormalities, costly medical bills, and behavioral impairments. However, we have an opportunity to help people with an FASD overcome many of these challenges with appropriate health, education, judicial, and housing services. As with other disabilities, by investing a small amount of money, we can ensure that FASD-affected individuals have the resources they need to succeed in school, work and life.

Fetal Alcohol Spectrum Disorders are estimated to affect 1 in 100 live births, or more than 40,000 infants, each year. Researchers estimate that one percent of our population lives with an FASD, which is more than 3 million Americans. In my home State of South Dakota, approximately 7,819 individuals are suspected of having an FASD.

The costs of this completely preventable condition to our country are staggering. According to the University of South Dakota Sanford School of Medicine's Center for Disabilities, the lifetime cost for an individual with Fetal Alcohol Syndrome, the most severe of disorders in this spectrum, is over $2 million. The annual cost of FASD to South Dakota, including medical treatment, special education services, and home and residential care, is estimated to be $18 million. Nationally, the cost for these services will approach $6 billion this year alone, but neither of these estimates include the economic costs of lost productivity.

While there is no known cure, FASD is entirely preventable, and this bill seeks a balance between directing federal resources to prevention activities and to services for individuals living with FASD and their families. This bill focuses provision of services in areas where FASD affected individuals are already receiving help. In South Dakota, more than 60 percent of people diagnosed with an FASD lived within a foster care home for some part of their lives. With that in mind, our bill works to train foster care workers and foster parents on how to best communicate with and serve children living with FASD.

Furthermore, it is estimated that 60 percent of individuals with FASD will spend some time in a correctional institution or mental health facility during their lives. Most individuals with FASD will commit their first crime between the ages of 9 and 14. To that end, our bill will provide health care and judicial system workers with the resources they need to work with and understand FASD-affected individuals when they encounter them in health care settings or the court system.

All of these unfortunate statistics compel me to join with my colleagues to offer a comprehensive approaching to preventing FASD, advancing research to learn more about FASD, and increasing provision of services to those living with FASD and their families. While we have increased awareness about the dangers of consuming alcohol during pregnancy, we clearly have much more work to do as we strive to reach the goal of eliminating the negative effects of prenatal alcohol exposure.

In my home State of South Dakota, we have had great successes in working on this issue. With the leadership of the health professionals at our esteemed universities, parents, and teachers, among countless others, we have made some important progress in addressing FASD. This legislation will bolster the efforts of these dedicated South Dakotans and many others across the country who are working hard to prevent FASD and support the children and families living with its consequences.

This bill will provide much needed support in the areas of research and prevention. This legislation requires the National Institutes of Health to develop a research agenda focusing on the most promising avenues research in diagnosis, intervention, and prevention, as well as factors that may mitigate the effects of fetal alcohol exposure.

This bill will also make available grants to federally qualified health centers to implement and evaluate programs to increase awareness and identification of FASD in those settings.

Participating health centers will be able to provide training to health care providers on identifying and educating women who are at risk for alcohol consumption during pregnancy and on screening children for FASD.

Another provision in this bill will create public awareness and education campaigns in at-risk areas in order to further the prevention of this disease. This bill will authorize the development and broadcast of national public service announcements to raise public awareness of the risks associated with alcohol consumption during pregnancy.

Recognizing that the consequences of FASD are not just health- related, the bill promotes prevention, intervention and services within the education and judicial systems. This legislation provides teachers with resources to educate and support children with FASD. The bill seeks to involve everyone who might encounter an FASD-affected person in the judicial system, including judges, attorneys, probation officers, law enforcement officers, and many others, and works to train them in communicating with and supporting individuals with FASD.

Again, I am so pleased to be introducing this bill with my colleagues and encourage all of our colleagues to consider supporting this bill. I would also like to take a moment to thank Senator Daschle for his leadership on FASD. His commitment to combating this illness is still present in South Dakota and in the lives of those who battle FASD every day.

Mr. President, today I am introducing a bill entitled the SECURE Water Act, Science and Engineering to Comprehensively Understand and Responsibly Enhance Water Act to address some of the serious water-related challenges facing this country. My colleagues Senator Domenici, Senator Cantwell, and Senator Johnson are cosponsoring this measure and I am pleased to have their support.

Water resource issues are putting State and local water managers to the test in all areas of the country. In the western U.S., these challenges are exacerbated due to drought, population increases, environmental needs, and climate change, all of which are affecting the sustainability of water supplies. Much needs to be done to ensure that sufficient quantities of water of adequate quality are available to meet the basic needs of our citizens, as well as sustaining important economic and environmental uses.

As the intense competition for limited water supplies increases, more refined water management strategies are necessary. One way to improve in this area is to improve the nationwide data collection and monitoring activities associated with water. The SECURE Water Act will do this by requiring an expansion of the National Streamflow Information Program and the development of a systematic groundwater monitoring program. The bill also directs the U.S. Geological Survey to formally establish a water use and availability assessment program consistent with recommendations made by the National Research Council. Better data will lead to better modeling and improved decisionmaking by State, local, and Federal water managers.

Another area needing more attention concerns the impacts of global climate change on water resources. Already well-documented is the fact that increasing temperatures are resulting in less snowpack and more rain in many regions, and changing the timing of snow-melt runoff. Moreover, at a recent hearing on climate change and water held by the Energy and Natural Resources Committee, the USGS indicated that current climate models are also projecting a long-term drying trend in the Southwest--the fastest growing region in the country. Fully understanding and adapting to these long-term impacts is imperative to the health and well-being of many communities. The SECURE Water Act directs the Secretary of the Interior to establish an Intra- Governmental Panel to help make the link between the scientific community and water managers to improve water availability forecasts and to implement adaptation strategies. The bill also requires the Bureau of Reclamation to initiate a climate change adaptation program to develop strategies and conduct feasibility studies to address water shortages, conflicts, and other impacts to water users and the environment. In addition, both Reclamation and the Department of Energy are directed to assess the effects of climate change on the water supplies needed for hydropower production, which represents the source of at least 7 percent of the Nation's electricity supply.

Finally, the SECURE Water Act recognizes that promoting the efficient use of water is critical to respond to

any of the threats that may impact available supplies. Accordingly, the Bureau of Reclamation is authorized to provide financial assistance to States, tribes, and local entities to construct improvements or take actions to increase water-use efficiencies that respond to drought, climate change, or other water-related crises.

Of course, States bear the primary responsibility and authority for managing water resources in this country. Nonetheless, given the reality that adequate and safe water supplies are fundamental to the health, economy, and ecology of the United States, it is imperative that the Federal government be a strong partner in assisting State and local communities to address present and future water supply challenges. The SECURE Water Act was developed with this strong partnership in mind. I look forward to starting the dialogue on this important legislation and hope that my colleagues will ultimately support its enactment.

Thank you for the opportunity to make these remarks. I ask unanimous consent that the text of the bill be printed in the Record.

Madam Speaker, I rise today to introduce the Chemical Facility Security Improvement Act of 2007.

It is my hope that this act will improve upon the current legislation authorizing the Department of Homeland Security to regulate security practices at the Nation's chemical facilities.

On October 5, 2006, H.R. 5441, FY07 Department of Homeland Security Appropriations Act became law (P.L. 109-295). Section 550 of that bill granted the Department of Homeland Security the authority to promulgate interim regulations for chemical facility security.

Although not required for interim regulations, the Department put out an Advance Notice of Rulemaking and requested public comments. Parts of the proposed regulations caused concern, prompting comments from myself and several of my colleagues in Congress. The intention of this bill is to address four areas of concern: Preemption of State laws, use of specific security measures, information protection, and private rights of action.

The most concerning piece of the proposed regulation occurred when the Department decided to go far beyond congressional intent and assert the right of the Secretary to preempt any State or local law; H.R. 5441 was silent on the issue of preemption of State laws, and other major chemical security legislation considered in the 109th Congress-- specifically H.R. 5695 and S. 2145--protected State laws from preemption in most cases.

This bill will protect State laws by allowing no Federal funds to be used to approve a site security plan unless the facility meets or exceeds security standards established by the State or local government.

H.R. 5441 restricted the Secretary from requiring the use of any particular security measure. The use of specific security measures could, however, prove necessary to lower the risk posed to and by the chemical facility in certain cases. This bill removes this restriction and would allow the Secretary to require the use of specific security measures where necessary.

According to the proposed regulations, the Department seeks to create a new class of security information called Chemical-Terrorism Vulnerability Information (CVI). The creation of new classes of protected information is not desirable, and this bill would require Vulnerability Assessments and Site Security Plans to be treated as Sensitive Security Information (SSI). SSI is the same information classification currently used for Vulnerability Assessments and Site Security Plans required by the Coast Guard under the Maritime Transportation Security Act, under which chemical facilities located at ports are currently regulated.

H.R. 5441 also restricted the right of a private citizen to sue a facility or the Department to force the facility to adopt and enforce the security measures. I feel that private suits are sometimes necessary to force a Federal agency to enforce regulations passed by Congress. Given the proliferation of signing statements made by President Bush in the past, we should not assume that congressional intent will be automatically followed.

Regulations that preclude American citizens from access to judicial action run counter to our values. We should be empowering the citizens of this country to help protect the homeland, not restricting them from doing so.

I urge my colleagues to support this legislation.

Mr. President, I wish to join my colleague in the House, Congressman Danny Davis, to introduce the Senior Executive Service Diversity Assurance Act to improve the management of the Senior Executive Service, SES, and enhance its diversity.

For years we have known that the Federal SES does not reflect the diversity of our Nation. The Government Accountability Office released reports in 2003 and 2007 showing that the percentages of minorities in the SES are inconsistent from agency to agency and not reflective of the diversity of the potential pool of applicants.

While we have seen some gains in the area of women in senior positions, the 28 percent of women in the SES is far less than the national average. And for minorities in senior level career positions, the gap is worse. Twenty-one percent of the potential applicants are racial and ethnic minorities while only 16 percent of the entire SES are minorities.

As agencies think about the next generation of SES, it is important to be reminded of the need to recruit a talented and diverse pool of candidates in order to bring fresh perspectives into our Government's leadership roles. In serving the diverse population of America, we need diverse leaders to improve the way the Federal workforce serves our country.

It is well known that the Federal Government is facing an impending retirement wave. Ninety percent of senior level employees will be eligible for retirement in the next 10 years. Federal agencies need to prepare for the next generation of leaders and in the process actively recruit diverse talent. I believe that mentoring is an excellent way to do that. This bill requires the establishment of an SES mentorship program. Qualified senior executives would be paired up with other talented women, racial and ethnic minorities, and disabled persons to mentor them in the hopes of cultivating a diverse pool of applicants for SES positions.

The Senior Executive Service Diversity Assurance Act also establishes an office of senior executive resources to improve overall efficiency and diversity by bringing together all the SES policy development and implementation functions at the Office of Personnel Management.

The bill also establishes evaluation panels made up of women and minorities to review incoming applications for SES positions and pass along recommendations of the qualified candidates to the Executive Review Board.

The standards are high for entry into the SES, and I believe that this bill continues that tradition and will improve the overall diversity in our highly talented executive workforce.

America is a nation of many different races and backgrounds. Every year, the diverse heritage of America continues to grow, and our communities benefit from the addition of those cultures. New cultures bring new ideas, and in our civil service--America's workforce--we need leadership that reflects those varied cultures and backgrounds.

I believe this bill lays the framework for bringing these new ideas and different populations into Federal leadership. I hope to see improvements in the representation of women, racial and ethnic minorities, and the disabled in the SES.

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