Longline Catcher Processor Subsector Single Fishery Cooperative Act
Legislative Activity
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Became Public Law No: 111-335.
December 22, 2010
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Introduced in Senate
August 6, 2009
Sponsor introductory remarks on measure. (CR S9009)
August 6, 2009
Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S9009-9010)
August 6, 2009
Committee on Commerce, Science, and Transportation. Ordered to be reported without amendment favorably.
December 17, 2009
Committee on Commerce, Science, and Transportation. Reported by Senator Rockefeller without amendment. With written report No. 111-250.
August 5, 2010
Placed on Senate Legislative Calendar under General Orders. Calendar No. 520.
August 5, 2010
Passed Senate without amendment by Unanimous Consent. (consideration: CR S8105-8106; text as passed Senate: CR S8105-8106)
November 18, 2010
Message on Senate action sent to the House.
November 19, 2010
Received in the House.
November 29, 2010 • 2:05 PM
Referred to the House Committee on Natural Resources.
November 29, 2010
Mr. Rahall moved to suspend the rules and pass the bill.
December 14, 2010 • 2:33 PM
Considered under suspension of the rules. (consideration: CR H8302-8304)
December 14, 2010 • 2:33 PM
DEBATE - The House proceeded with forty minutes of debate on S. 1609.
December 14, 2010 • 2:33 PM
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR S8302-8303)
December 14, 2010 • 2:39 PM
On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR S8302-8303)
December 14, 2010 • 2:39 PM
Motion to reconsider laid on the table Agreed to without objection.
December 14, 2010 • 2:39 PM
Cleared for White House.
December 14, 2010
Presented to President.
December 16, 2010
Signed by President.
December 22, 2010
Became Public Law No: 111-335.
December 22, 2010
Floor Debate
23 membersWhat members said about S. 1609 on the floor
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Floor Debate
23 membersWhat members said about S. 1609 on the floor
Mr. President, I am pleased to join with my colleague, Senator Grassley, and introduce an important piece of legislation that will modernize the tax incentive for domestic biodiesel production. The…
Mr. President, I am pleased to join with my colleague, Senator Grassley, and introduce an important piece of legislation that will modernize the tax incentive for domestic biodiesel production. The Biodiesel Tax Incentive Reform and Extension Act of 2009 will provide predictability to investors, to producers, and to researchers so we can move forward and continue to displace imported fossil fuels with low carbon, renewable biodiesel that is produced here in the United States.
Last year, we all saw the devastating effects that $140 per barrel oil had on our economy and our constituents. For economic reasons, national security reasons, and environmental reasons, we cannot allow ourselves to remain dependent on foreign oil. We have to redouble our efforts to deploy alternative fuels that can be produced in the United States and that can help us address the growing crisis of climate change.
Biodiesel is a diesel replacement fuel that is produced from vegetable oils, animal fats and waste oils. It is refined to meet a commercial fuel specification that is readily accepted in the marketplace. Typically biodiesel is blended with conventional diesel fuel, and it is not necessary to modify a vehicle's engine to use the fuel.
There are compelling public policy benefits associated with the production and use of biodiesel. It is an extremely efficient fuel that can be produced domestically so we do not have to rely on imported fuel. Biodiesel creates 3.2 units of energy for every unit of fuel that is required to produce the fuel and the 690 million gallons of biodiesel produced in the U.S. in 2008 displaced 38.1 million barrels of petroleum.
Replacing fossil fuel use with biodiesel also can play a constructive role in addressing the issue of climate change. When compared to conventional diesel fuel, pure biodiesel reduces direct carbon lifecycle emissions by 78 percent, which in 2008 was the equivalent of removing 980,000 passenger vehicles from the road.
Congress first enacted a tax incentive for biodiesel in 2004 and since that time, this tax credit has helped encourage the production and use of this alternative fuel. U.S. production of biodiesel increased from 25 million gallons in 2004 to 690 million gallons last year, and the industry has built the commercial scale production capacity. There currently are 176 plants in operation with the capacity to produce more than 2.61 billion gallons of biodiesel.
The 39 new plants that are either under construction or being expanded would add nearly 849.9 million gallons of production capacity. We have to be sure these plans for expansion go forward. Unfortunately, limited access to capital, uncertainty surrounding the Federal commitment to biodiesel, and the current state of the economy threaten to undermine the progress the U.S. biodiesel industry has made to build the production capacity and infrastructure needed to aggressively displace petroleum diesel fuel with renewable, low-carbon biodiesel. Right now, less than one-third of the industry's facilities are currently producing fuel.
The 51,893 jobs that are currently supported by the U.S. biodiesel industry show there is real job growth potential in this industry. Much of that job growth and economic activity will happen in our rural communities who continue to be hard hit right now.
The current law tax credit will expire at the end of this year and Congress must act or we will threaten the future of this promising domestic industry. The National Biodiesel Board estimates that if Congress does not provide some predictability to the industry, U.S. production will likely fall from 690 million gallons in 2008 to 300-350 million gallons in 2009. This could cost the U.S. economy more than 29,000 jobs. These are not jobs we can afford to lose.
In addition to the looming expiration, the current structure of the tax credit has administrative problems and is subject to abuse that makes it difficult to ensure that that only qualified fuel benefits from the incentive. We owe it to taxpayers to make sure that we are getting the results we want from the tax incentives we enact so in addition to extending the tax credit we need to make the structural changes that Sen. Grassley and I are proposing today.
The centerpiece of the bill is changing the incentive from a blender credit to a production tax credit so that we focus the benefits of the incentive on building the domestic production industry. Under current law, the credit was targeted at the blending of biodiesel with petroleum diesel. While this was helpful in getting us to the point we are now, it is time we move even farther in the direction of promoting the production of petroleum fuel alternatives.
In addition, the legislation we are introducing today will simplify administration of the incentive for both taxpayers and the Internal Revenue Service, IRS, and will eliminate any remaining opportunity for abuse of the tax credit through schemes like ``splash and dash'' in which oil companies add a few drops of biodiesel to their petroleum diesel just to qualify for the tax credits.
Under our bill, the $1 per gallon tax credit will be provided for the production of biodiesel, renewable diesel and aviation jet fuel that complies with established fuel standards and Clean Air Act requirements.
For small producers, those with an annual production capacity of less than 60 million gallons, we increase the $1 to $1.10 for the first 15 million gallons of biodiesel produced.
We simplify the definition of biodiesel so that we encourage production
from any biomass-based feedstock or recycled oils and fats. Hopefully this will unleash even more research and commercialization of alternative fuel sources.
The bill also simplifies the coordination between the income tax credit and the excise tax liability to, again, tighten up compliance and reduce administrative burdens on taxpayers. Most importantly, our bill would extend this tax credit for 5 years, giving needed financial predictability to the industry.
I thank Senator Grassley for joining with me on this bill and look forward to working with our colleagues on the Finance Committee to adopt this worthwhile, commonsense proposal that is consistent with sound energy and sound tax policy.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, today I introduce the Longline Catcher Processor Subsector Single Cooperative Act.
In Washington State, our history is based on a rich maritime tradition that contributes billions of dollars to the state's economy each year. There are 3,000 vessels in Washington's fishing fleet that employ 10,000 fishermen. Seafood processors employ another 3,800 Washingtonians. And fish wholesalers employ an additional 1,000 people.
For many communities along this nation's coastlines, the economy literally ebbs and flows with the tide. It is important to remember that the ocean resources these communities depend on are a public trust and a resource to be both treasured and protected.
As guardians of the ocean and its plentiful resources, it is necessary that we examine all issues of ``ownership'' with care, transparency, and fairness. The issue of fishery cooperatives has proved to be an issue that demands nothing less.
In July of 2008, I chaired a hearing in the Commerce Committee's Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard, examining the impact of fishery management regimes on fishing safety and conservation. Following that hearing and numerous meetings with stakeholders to discuss the policy, safety, economic, and environmental implications of fishing cooperatives, I am here today to introduce the Longline Catcher Processor Subsector Single Cooperative Act, legislation that would allow for the formation of a single fishing cooperative in the Pacific cod catcher processor fleet.
Instead of fishermen racing against each other and the elements to catch as much as they can, this bill would allow the fishermen to bring some sanity back to their livelihoods. Under this legislation, the Pacific cod catcher processor fishery can allocate the catch among their members, putting an end to the very dangerous ``race for fish.''
The cooperative would empower commercial fishermen with the framework and incentives to police themselves while still preserving the crucial regulatory and oversight responsibilities of the federal government and the North Pacific Fishery Management Council.
By adopting this bill, we can improve fishing safety in the Pacific cod catcher processor fishery by putting an end to the ``race for fish.'' Doing so would lessen the fishery's environmental footprint, and give these fishermen the financial certainty that has worked for others across this Nation.
Fishing safety is a real concern that must be addressed at the federal level. In 2006, the Coast Guard reported that in the decade from 1994 to 2004, 1,398 fishing vessels were lost tragic--reminders of what can go wrong at sea.
Most of these fishing-related fatalities occur in the North Pacific, where the fishermen from my home state of Washington make their living. The difficult waters equate to the highest casualty rates in the nation, and highest rates of fatality and injury among fisherman.
But the North Pacific's rough waters are not the only factor these fishermen have to cope with.
It is a tough business--tough for those who work the boats and those who make the business-end decisions. It's a business that is driven by incentives and dangerous conditions that work in tandem to place countless numbers of fishermen at risk.
When things go wrong, it is usually because of failures at multiple levels. You see, it's not always about vessels. Nor is it all about inspections, safety equipment, or training. Fishing safety is closely related to how fisheries are managed and the very foundation fishing has come to be built upon: competition.
Without legislation such as this, the fisheries will continue to operate on a foundation of destructive competition, or a ``race for fish.'' And this race for fish is a very dangerous race.
According to Lieutenant Christopher Woodley, the former fishing Vessel Safety Coordinator of the 13th U.S. Coast Guard District based in Seattle:
This race encourages fishermen to operate in all weather
and sea conditions, to operate without rest, and encourages
risk-taking behaviors.
But we can change that.
By instituting a cooperative style of fishery management through this legislation, we dramatically change the incentives. And by changing the incentives to put a new premium on safety, we can change the way people fish and hopefully prevent future tragedies at sea.
Safety is not the only goal of this legislation. This legislation aims to make environmental and economic improvements to the process of fishing.
By eliminating the ``race for fish,'' as I mentioned before, we effectively slow the pace of fishing meaning commercial fishermen can optimize onboard processing facilities. The result is an increase in the product recovery rate per pound of fish caught, meaning they can use more parts of the fish and make wiser and more efficient use of our precious ocean resources. A slower pace also decreases bycatch and promotes ownership of the fishery, which will facilitate a conservation mindset in the fishermen.
We have once again shifted the incentive from reckless speed to doing things slower, better, smarter, and more environmentally conscious.
Furthermore, the Longline Catcher Processor Subsector Fisheries Cooperative Act means greater job stability for the Pacific cod freezer longliner fleet's workers.
When fishermen no longer race, the fishing season lasts longer. This means more stability and predictability for crew members, and eliminates the boom and bust cycle that often prevails today.
I want to be clear that this bill is not yet a finished product. I welcome comments, suggestions, and criticisms to help make this bill good public policy for everyone involved.
As we discuss issues like safety of our fisherman and environmental implications to our oceans, it's imperative that we commit to an open and transparent process that shines the light of accountability.
Both in fisheries management, fishing safety, and those areas where the two intersect, transparency must be the rule.
We owe it to our coastal communities, our fisherman, and the American public collectively as stewards of one of our greatest public resources--our oceans.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I am pleased to join with my colleagues Senators Vitter, Landrieu, Murray, and Martinez and introduce the American Shipping Reinvestment Act of 2009. This legislation will build on work Congress started in 2004 to strengthen the U.S. merchant marine, create needed jobs in U.S. ship building, and stimulate economic activity in our maritime sector.
Since our Nation's founding, the maritime sector has been integral to U.S. national security and economic
security. American companies own and operate both U.S. flag ships and a significant number of vessels under international registries. The U.S. flag fleets of these companies generally are built in the United States and are manned with U.S. seafarers. These U.S. flag fleets support not only the shipbuilding industrial base in this country and the pool of qualified seafarers, but they also create the shipping assets that are needed for military sealift in time of war or national emergency.
Most people understand commercial shipping and understand that we maintain a fleet of ships for military purposes. What may not be as well known is that the international ships of some American-owned companies are part of what is called the effective U.S.-controlled fleet, EUSC fleet. The EUSC is the fleet of merchant vessels registered in certain foreign nations that are available for requisition, use, or charter by the U.S. Government in the event of war or national emergency.
For example, U.S. flag commercial vessels and their American crews transported the majority of the cargo--more than 25 million measurement tons of cargo--in support of Operations Enduring Freedom and Iraqi Freedom during the period of 2002-2008.
What people also may not know is that the EUSC fleet has been in decline for the past quarter century, largely because of U.S. tax policy. Following enactment of certain 1986 tax law changes, there was a precipitous decline in American-owned international shipping. To remain competitive, many American-owned shipping companies either became foreign companies or simply divested themselves of their foreign assets.
A 2002 study commissioned by the Department of Defense and performed by professors at the Massachusetts Institute of Technology found that the EUSC fleet dropped by 38 percent in terms of numbers of ships and nearly 55 percent in terms of deadweight tonnage between 1986 and 2000. Perhaps more importantly, these declines have been largely experienced in militarily-useful vessel types. For example, the results of a 2002 DOD study found that if the EUSC fleet continues its present decline, DOD's ability to support U.S. military tanker requirements will diminish over time.
Fortunately, Congress recognized this problem in 2004 and addressed it by enacting the tonnage tax regime as part of the American Jobs Creation Act. Our legislation today builds on that policy by correcting an oversight in the 2004 act that has continued to stymie the ability of U.S. shipbuilding companies to invest in new ships in the United States.
We have very strong economic and national security reasons to support U.S. owned shipowning companies and to maintain a vibrant maritime industry in this country. We also have to continue to support needed changes in our tax code so that we provide operators of U.S. flag vessels in international trade the opportunity to be competitive with their tax-advantaged foreign competitors.
Notwithstanding the significant competitive disadvantages between 1986 and 2004 for American companies operating international ships, there continues to be several U.S. owned shipping companies with foreign operations, and our legislation is directed as helping them sustain and grow their U.S. flag fleets and to maintain their EUSC fleets. This bill will help these companies make needed investment in the U.S. economy, and create jobs in a way that also will enhance national security.
Specifically, The American Shipping Reinvestment Act of 2009 would repeal an outdated section of the Internal Revenue Code and allow U.S. shipping companies with foreign income earned prior to 1986 to reinvest it into the U.S. for the purpose of growing their U.S. flag operations.
Congress first included foreign shipping income in Subpart F in 1975, which meant that all shipping income was taxable at the full U.S. corporate tax rate no matter whether it was invested abroad or in the United States. However, a temporary rule, applicable to foreign shipping income earned from 1975 to 1986, continued to allow for deferral in cases where this income was reinvested in qualifying shipping activities. Section 955 of the Internal Revenue Code provided that this income would be included in gross income, i.e., taxed, immediately under Subpart F in the event of any net decrease in qualified shipping investments.
The American Jobs Creation Act of 2004 restored for shipping income the normal tax rule under which non-Subpart F income of foreign subsidiaries is not taxed by the United States until it is repatriated, generally as a dividend. In restoring the potential for deferral for certain shipping income, Congress in 2004 returned the treatment of shipping income to where it was prior to 1975.
Unfortunately, Congress did not address the rules under IRC Section 955 that apply to income earned between 1975 and 1986, thus creating a situation that this income is permanently stranded offshore. Our bill would repeal IRC Section 955 and will allow these stranded assets to be reinvested in the United States under the favorable tax terms that were in effect for other companies and industries in 2004. Specifically, the legislation provides a one-time opportunity for American-owned shipping companies to bring foreign source income back into the United States at a discounted tax rate for the purpose of expanding and growing our domestic maritime industry. Without the commonsense change in our legislation, these old, stranded assets will never return to the United States and never be subject to U.S. taxation.
The bill is guaranteed to create jobs for American workers with the funds being brought back into the U.S. economy--on the ships, in the shipyards building the ships, and in supporting businesses. The bill contains a provision that would recapture any tax benefits if a shipping company reduces its full-time U.S. employment levels.
This bill also would enhance U.S. national security interests by supporting shipyards that are vital to our defense industrial base, by enabling new U.S. flag tanker capacity to transport our Nation's energy products, and by providing DOD with critical assets--manpower and ships--necessary to help sustain military sealift.
The bill is strongly supported by maritime labor, shipyards, and ship owners and operators and can provide a boost to the U.S. maritime industry at a time when the U.S. is struggling to find its economic footing. The jobs created by this legislation are well-paying, long- term jobs in a crucial sector of our Nation's economy. I urge my colleagues to join me and my other original cosponsors in supporting this bill.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to introduce the U.S.-China Market Engagement and Export Promotion Act of 2009. For many small- and medium-sized businesses across this country, some of which are in my home State of Washington, getting access to the Chinese market proves difficult at best. However, to establish a foothold in the ever expanding Chinese market can prove pivotal in achieving financial success. China is a tremendous market for U.S. goods and services. According to the U.S.-China Business Council, despite the global economic downturn, 85 percent of congressional districts increased their exports to China in 2008. In addition, exports to China in almost every congressional district grew more than exports to anywhere else from 2000 to 2008.
In 2008, U.S. total exports to China equaled $71.5 billion. During the same time, however, our imports from China equaled $337.8 billion. That means our trading balance with China in 2008 was a $266.3 billion deficit. This bill would help States establish export promotion offices in China and create a new China Market Advocate Program at U.S. Export Assistance Centers around the Nation. The bill also provides assistance to small businesses for China trade missions and authorizes grants for Chinese business education programs.
I support this bill because of the enormous role that small businesses play in our economy. Small- and medium-sized businesses are a great potential engine of growth. Between 2004 and 2005, small businesses created 78.9 percent of the Nation's net new jobs, and with expanded export opportunities that number will be able to increase in the near future. Considering the huge impact that small- and medium- sized businesses have on our economy, I urge all my colleagues to support this bill and give the business owners the assistance they need to succeed in the Chinese export market.
The U.S.-China Market Engagement and Promotion Act will build the infrastructure necessary to connect American small- and medium-sized businesses with export opportunities in China.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to introduce the Asia- Pacific Economic Cooperation, APEC, Business Travel Cards Act of 2009. This bill would authorize the Secretary of Homeland Security and State Department to issue APEC Business Travel Cards, ABTC's, to business leaders from APEC countries and senior government officials who are actively engaged in APEC business.
The ABTC program has 18 nations participating, including China, Japan and Australia, which are among the world's larger economies. The United States currently recognizes foreign issued ABTC travel cards. Cardholders from non-Visa Waiver Program countries need to present valid passports and those from other countries must still obtain U.S. visas as required by United States law. However, ABTC card holders are allowed to benefit from expedited visa interview scheduling at U.S. embassies and consulates, and expedited immigration processing through airline crew and diplomat immigration lanes upon arrival at U.S. international airports. However, under current law U.S. passport holders are not yet eligible to apply for the ABTC program and therefore do not enjoy these same benefits in Asia-Pacific countries. This bill would require the Secretary of Homeland Security to issue ABTCs to United States citizen business leaders and senior government officials actively engaged in APEC business no later than January 1, 2010.
I support the Asia-Pacific Economic Cooperation Business Travel Cards Act because I have long supported increased free trade with the Asia- Pacific region. International business travel is an essential part of selling goods and services around the world. The 21 member economies of APEC together account for around 53 percent of world GDP and approximately 48 percent of global trade. This bill would help facilitate international cooperation and trade by allowing business leaders within the participating countries to enter countries on an expedited basis for the length of the program, currently three years.
The success of the program has been shown by the amount of applications for travel cards since inception of the program in 1997. From 1997, applications received by participating countries have grown by more than 100 percent each year. By March of last year, there were more than 34,000 cards being used by APEC countries. The Asia-Pacific Economic Cooperation Business Travel Cards Act of 2009 will help facilitate global trade within the Asia-Pacific, and create expanded export opportunities for U.S. businesses. Working to grow U.S. exports will get our economy to grow again and create and maintain U.S. jobs.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I cannot tell you how much I appreciated your remarks--I was sitting in the chair--and those of Chairman Dodd as well. The hour is late. The idea that you would be here at that hour to…
Mr. President, I cannot tell you how much I appreciated your remarks--I was sitting in the chair--and those of Chairman Dodd as well. The hour is late. The idea that you would be here at that hour to talk about something as important as health care is appreciated, I know, by the people in your State, but also by the people in my State as well. So I say thank you for that.
I also want to talk about health care. I want to talk about health care in the context of fiscal discipline in this country. As you know, our Nation's annual deficits are staggering, and our
national debt is absolutely unsustainable. For the future of our country and for our children's sake, as we recover from this devastating blow to our economy, we have to stand together and begin to start the difficult, but essential, work of putting our fiscal house in order.
Health care reform must help solve this Nation's fiscal problems, not make them worse. To accomplish this, effective reform must bend the cost curve in health care spending both in the private and public sectors.
In part because of years of neglect and inaction, this Congress has reached a defining moment of reckoning. Rising health care costs, especially Medicare costs, are now the largest driver of our deficits. Our Nation's health care spending, as you were just saying, is 17 percent of our Nation's gross domestic product and is expected to grow to over 20 percent of GDP in 10 years, on its way, as you said, to 35 percent.
Health care alone--just health care--will soon account for one-fifth of our economy. This represents a greater share of the GDP than our manufacturing, agricultural, forestry, mining, and construction industries combined.
As we emerge from this terrible recession, the worst since the Great Depression, we cannot commit one-fifth of our economy to health care and expect to compete effectively in the global marketplace.
Adding to the urgency of the problem, this recession has made rocketing health care costs even more painful for families and businesses in the last 15 months. Both large businesses and small businesses have cut some 5.1 million jobs, and 2.4 million of these newly unemployed workers have lost the health coverage their jobs once provided. Now the same people must try to find insurance in the individual market where they can be rejected by private insurance companies for preexisting conditions such as asthma, diabetes, or even cancer.
Health care costs are strangling opportunities for working families and small businesses all over my State and the country. As health care costs rise, families are forced to make choices no one should have to make between insuring their families or their employees and sending their kids to college, taking lower paying jobs with less responsibility just for the medical benefits and defaulting on their mortgage payments to pay for their medical bills.
Every one of these examples springs from the experiences of people in my State. And it is no mystery why people are having to make these terrible choices. Middle-class wages are not even close to keeping up with these rising insurance costs. While median family income in this country fell by $300 during the last decade--staggering, by the way; over a decade in real dollars, median family income in the United States actually declined by $300--health care costs increased over the same period by 80 percent.
The cost of health insurance is eating into family budgets faster and faster. Over the past decades, premiums for Colorado families, as this chart shows us, have more than doubled, growing four times faster than wage increases. The cost of premiums for a Colorado family is over $13,000 today. If we do nothing, by 2016, Colorado families will be spending over $25,000 on their premiums, a 90-percent increase. We have come out of a period with an 85-percent increase, and if we do nothing, we are going to end up in a period with a 90-percent increase, with no real increase in wages.
Left unaddressed, this imbalance, which is the creation of our catastrophically inefficient health care system, will destroy the middle class in this country. If we do nothing, if we continue on with the status quo, by 2016, just 7 years from now--and I believe these numbers are very similar to the ones you quoted for Rhode Island--by 2016, 40 cents of every dollar a typical Colorado family earns will be eaten up by health care costs, leaving just 60 cents for everything else.
Think about it. That is almost half an average family's income. Money spent not to educate their children, not to feed them or house them, but just to cover the cost of the family health care plan. And that is just paying for coverage. Never mind if you actually get sick.
In 2007, 62 percent of the personal bankruptcies in this country were due to medical costs. Traditionally, most people's employers help pay for cost increases. That has been the case for over many years. But I heard from employers all over Colorado having to make tough choices-- cutting back on benefits and laying off more costs to their employees.
In the coming years, copays for Coloradans will go up double digits. More Coloradans are being forced into health plans with higher deductibles, and more employers are getting out of the business of providing health insurance for their employees altogether.
Mr. President, we won't be able to completely flatten the health care cost curve in the short run, and we should be careful not to overpromise, but we have to make the rising cost of health care something our economy can plausibly absorb.
Part of the solution is reducing waste and curbing overpayments to insurance companies, and part of the answer is encouraging patients to seek preventive care. Small businesses may not see health costs go down immediately, but we sure can slow their rise. And we have to work hard to make sure they do not rise this quickly. Reforming our health care system could save over 100,000 small business jobs in the coming years that would otherwise be lost if we do nothing.
I agree with bipartisan voices saying that our first health care goal has to be to drive down costs, and we must start with Medicare. As I travel throughout Colorado, I have met countless physicians, nurses, and hospital workers who tell me about the perverse incentives in Medicare. Instead of being paid to spend time with patients and produce better quality care, doctors and nurses are paid for the number of patients they see in the shortest amount of time and the number of procedures they perform. This is no way to produce patient-centered care, and it is no way to reduce cost.
Medicare doesn't just influence, as you know, the care of the elderly and disabled. As the largest health care program in the United States, Medicare influences every level of health care. Private insurance and employer-based health care look to Medicare as they make decisions on what to pay doctors, nurses, and hospitals. Owing to the perverse incentives in Medicare, however, since 1970--since 1970--every year for almost 40 years, year-in and year-out, Medicare spending per person has risen by over 8 percent each year, and private insurance spending per person has risen by over 9 percent each year.
If we expect reform to begin to gain any traction, we must drive cost down at the Federal level first. We can start by paying doctors and nurses to actually do what they are supposed to do and what they want to do--be focused on patients. We have to reform the system so that we are paying for quality and not volume. We must improve care, produce savings, and slow down cost growth by bundling payments, paying for performance and outcomes, and providing better coordinated care for patients and providers.
The burden is on us to meet the public expectation that we will drive down costs in the health care system and make it more efficient, that we will make the health care marketplace more competitive, and that we will provide affordable, stable health care coverage to the American people that can't be taken away because they lose a job, have a preexisting condition, or have reached some arbitrary cap.
Controlling health care costs would help our fiscal situation a great deal, and that is one of the fundamental reasons health care reform is needed. But this alone will not be enough to fill the deepening hole of national debt that threatens America's prosperity. The fiscal decisions we make today matter so much because they will dictate the well-being and range of choices of the generations that follow us.
Sometimes, with the daily hail of press clippings, these issues may seem overly complex, but I like to use a pretty simple analogy. The way we run our government is not different than if you or I were to buy a house--probably a bigger one than we reasonably could afford--and then we tell the bank to please send the mortgage documents to our kids. Imagine how that burden--paying for mom and dad's house--would constrain our children's choices. What dreams would they have to defer
because their first obligation was a debt they didn't even incur.
My three daughters, ages 9, 8 and 5, have never had an economics class, but I can tell you that as much as they love their mom and dad, if asked, they would never do that deal--especially my 5-year-old, Anne. Whether we are taking her blanket away or telling her to stop sucking her thumb or putting a mountain of debt on her, she knows a raw deal when she sees one.
We in Congress owe the next generation much more than this, as the chairman, Senator Dodd, was saying. We ought to be able to build on our roles as parents and community leaders to respect our children, come together, and plan America's way back to fiscal health. The longer we wait, the more difficult the choices become. If we wait 10 years, we will face a massive gap between our spending and the revenue the government collects. If we wait 10 years to take action, we would have to increase individual income taxes by almost 90 percent to keep pace. That is an unacceptable outcome for Colorado's families. If you don't like tax increases, fine, then we would have to slash Federal spending by almost one-half. That would mean massive cuts to Medicare, our Nation's defense, and other critical initiatives that keep our country strong. No one wants to be put in a position to make those kinds of choices either. These outcomes are unacceptable, yet we can see them coming. That is why inaction is so unacceptable on health care and also on returning to policies of fiscal discipline. It is long past time to put in place the policies that will reverse this condition. And as with any deep hole, the first order of business is to stop digging.
The good news is that we have a tried-and-true way to stop making matters worse. In the 1990s, we had Pay-Go, which effectively forced the shovel from Congress's hands and made Congress stop digging. Pay-Go means that before Congress can create new spending on permanent programs, it needs to figure out how to pay for that new spending, just as every family in the States we represent.
Pay-Go helped turn 1980s deficits into 1990s surpluses, and we actually began to pay down our debt. Pay-Go is commonsense budgeting. It is not any different, as I just said, than what a family does when its spending gets out of hand. When that bad credit card statements comes in the mail, a parent knows it is time to sit down at the kitchen table and plan how to stop the spending. Pay-Go is what Congress and President Clinton did to respond to Washington's bad credit card bill.
Pay-Go was smart lawmaking because it imposed a culture of fiscal responsibility--and I would say discipline--on the Congress. Yet, for some reason, early in this decade a new administration let Pay-Go expire. That played a part in how these surpluses all of a sudden turned back into big annual deficits. This is how America incurred years of new debt.
The frustrating reality is that we are not getting enough out of borrowing all this money in the end--fighting an expensive war with tremendous unseen long-term costs to follow, ignoring the staggering costs of our health care system and entitlements, paying huge interest costs on our debt, in large part to foreign countries. These are hardly worthy uses of deficit spending.
In 2003, the Bush administration and Congress passed a new entitlement program called Medicare Part D. It is very popular, but we never paid a dime for it. They also chose two tax cuts for people who needed them least over fiscal discipline. They ignored skyrocketing mandatory spending. They created a brandnew bureaucracy and just saddled all of this heavy new weight on America's national debt.
In short, Washington was unwilling to ask the American people to pay for any of its investments--they put it on our children's shoulders instead.
And the tragedy of this incredible mismanagement is, it didn't work. Our economy plunged into its deepest hole since the Great Depression.
Fortunately, earlier this year, the House rightly passed new statutory Pay-Go. The Senate should pass Pay-Go too. That's why today, Senator McCaskill and I introduced Pay-Go. We believe that Pay-Go is one important way to make sure that our fiscal situation doesn't get any worse. Pay-Go is not a magic bullet, but it is part of the answer to our fiscal woes.
Once Pay-Go is in place though, we cannot stop there. Pay-Go will help us stop digging. But we also need to budget for the future, stop running large deficits and fill this fiscal hole completely. I am optimistic that this can be done, and it will take bipartisan commitment and discipline.
One place to start is with the growth of our yearly spending. Like Pay-Go, the yearly spending of Congress has also been done before, and it has worked.
That is why today I am introducing separate legislation, the Deficit Reduction Act of 2009, that would create yearly limits on discretionary spending. By pairing these discretionary spending limits with Pay-Go, we can start to make a substantial change in how Washington does business.
But it is not enough just to limit new spending across the board. Much of the reason that we are running such large deficits, is that we have made long-term spending commitments, called mandatory spending. To truly reverse the totality of our disastrous fiscal course, we must be willing to address rapidly expanding mandatory commitments too.
The best way--you know, it is funny, when you use the word ``mandatory.'' It is the word that should be used to express what this debt burden is we are putting on our kids. It will be mandatory that they pay that back before they make decisions about how to educate their own children; before they make decisions about how to provide individual health care in this country or make other kinds of investments all across the United States, in transportation or in new economies. What will be mandatory as we fall farther and farther behind in this global economy--what will be mandatory for them is to pay the bill left behind by their mothers and fathers.
The best way to get Congress to take a hard look at mandatory spending, is to place a flexible cap on our annual deficits. That's the other main component of what my new legislation would do. The cap in the Deficit Reduction Act is realistic--it would impose limits that are consistent with what economists believe we can sustain. This deficit limit is flexible--providing an exception when we are in a recession.
Here is how the deficit limit would work. Whatever the gross domestic product is in a given year, Congress must limit the deficit to 3 percent of the GDP or less. Economists tell us that this 3 percent number is sustainable over time, and that is a reasonably healthy ceiling. Now of course we should push to do better than running a deficit that is 3 percent of GDP. But this is a good starting point at setting and adhering to a budget. We would all clap if the deficits of today--12 or 13 percent of GDP--were 3 percent, and no one would clap louder than our children.
Under my legislation, if Congress failed to meet these deficit control requirements, the government would have to impose an across the board cut called a sequestration. Certain programs such as Social Security and veterans programs would not be subject to cuts. Yet most of the government's functions would be. The goal, of course, is to avoid this drastic measure by forcing Congress to plan ahead, and forcing Congress to pay attention to the deficit when it makes its spending choices.
Deficit limits make perfect sense during most years. But, as we have learned during this recession, an infusion of public funds can jolt a frozen economy and help turn that economy around. Running temporary deficits can kickstart a stagnant economy. But this only works if during healthy economic times, you also reduce government spending. The deficit limits I am proposing in this legislation would put Congress on a gradual track back to solid fiscal footing.
We should immediately enact budget reform proposals like Pay-Go discretionary spending limits and deficit limits. The CBO has concluded that after 2019, the rate at which we accumulate debt will continue to accelerate due to the aging of the population and increased health care costs. As angry as we all are with the excessive leverage in the private marketplace over the past decade that contributed to the market crashing, it is also obvious that Washington set a very bad example.
Let's put an end to these unsound fiscal practices. Let's not put our kids in the kind of situation we have inherited. Let's not make matters even worse, and the policy decisions regarding the national debt even harder for our kids.
What we need now is leadership and cooperation; not more shifting costs to our kids. The Congressional Budget Office estimates that if we remain on our current course, the total debt owed by the public will stand at over $17 trillion by the end of fiscal year 2019--only 10 years from today.
The point is that linked with our growing debt are the dreams and the plans of millions of American families. There is nothing fun about tightening our belt and cutting popular programs. I don't like it any more than anyone else who is here. Yet there are plenty of encouraging signs that this Congress and this President can stand together and do exactly that. Recently, just a couple of weeks ago, the Senate stood with the President for fiscal discipline and slashed nearly $2 billion from an outdated weapons system. That is a good start that I gladly supported. But so much more is left to do.
Coloradans already know we are in a bad way. People in my State are well aware that the excesses in recent years are catching up to us, and they know that Congress and the President have to make hard fiscal choices, reform health care before it eats up our entire budget, and pay for our reform efforts.
This challenging outlook may be just what it takes to bring both political parties to the negotiating table. Paired with Pay-Go, it is my hope that this new legislation can be a real starting point for meaningful fiscal negotiations. It is time we come up with an intelligent framework of fiscal management, that keeps Congress thinking ahead each time it makes a decision, and each time it puts together an annual budget, and each time it is faced with America's long-term fiscal trajectory.
Washington's fiscal mess was created over many years, and we won't solve the problem overnight. But this bill would give Congress and the President a guidepost to make the decisions necessary to get our budget under control. It would set a strong and binding standard for us to act responsibly.
We must start with what unites us. When I worry about what type of country we will leave my daughters and all of our young people, I know that others who vote differently than I do have the same worries. We owe more to our kids than to leave them a huge national debt and no plan to get out of it.
If we don't start making difficult decisions soon, we will be limiting our children's ability to make our country a better place, before they even get started. We will be limiting their ability to invest in education, life-saving scientific research, or new technologies that form the foundation of economic growth. We will be limiting their ability to defend the Nation during future times of war that we can't even think of today. And we will be limiting their chances of having a quality of life even better than what our parents and grandparents left to us.
If we fail to confront the tough issues so we can control the cost of health care, we will have squandered this narrow window of opportunity. If we fail to step up to the plate and pass a fiscally sound health care reform bill, this Congress will be remembered for years to come as having let down the country. If we fail--not just to stop digging this deep fiscal hole, but to put a process in place for climbing back up to solid fiscal footing--we will have failed to perform as the stewards of our children's dreams.
Let's stand together, with our President and with American families. Let's get health care reform done responsibly, let's take action to reduce the deficit and debt, and let's put this economy back on track.
Mr. President, as the success of the Cash for Clunkers Program that we are working to extend today makes clear, there is substantial interest among consumers in upgrading the fuel efficiency of their…
Mr. President, as the success of the Cash for Clunkers Program that we are working to extend today makes clear, there is substantial interest among consumers in upgrading the fuel efficiency of their vehicles. In fact, maybe the most surprising thing about the program thus far has been the higher-than-expected appetite by consumers for the most fuel-efficient vehicles.
It is an encouraging sign, but it remains surprising because it is extraordinarily difficult for a consumer to take into account the real benefits, or costs, of fuel economy. The value of fuel efficiency depends on the unknowable fact of what the price of gasoline is likely to be in future years as well as requiring a calculation to make and apples-to-apples comparison of the costs of ownership at different efficiency levels. This explains why study after study demonstrates that consumers don't fully account for the fuel costs of ownership when they make buying decisions. Decisions that many people regretted making only a few years earlier as gas prices climbed near $4 per gallon last fall.
This isn't only a problem for consumers. Improving the fuel economy of a vehicle requires significant engineering and new technologies, often adding hundreds or thousands to the manufacturer price of a vehicle; costs consumers have proved unwilling to bear. Faced with this reality, and the uncertainty of recovering their costs from consumers who are unsure of the value of fuel efficiency, car makers have generally thought it is in their best business interests to meet the fuel economy requirements of CAFE but go no further. Even when manufacturers want to go further than the CAFE requirements and produce more efficient vehicles, they are faced with giving up a cost advantage to their competitors by putting on expensive new technologies. For this reason, and to attempt to take into account the very real costs in oil and climate insecurity by our undervaluation of efficiency, Congress has put in a series of incentives for specific technologies such as hybrids, electric-drive, and hydrogen fuel cell vehicles. We have also recently made significant investments in battery manufacturing and vehicle electrification to try and close the significant gap with our global competitors in these technologies.
Although I support those investments to increase our competitiveness in the clean energy technology manufacturing race, unless the domestic marketplace will support them over the long term, they simply won't be enough. I believe the best path to both support our climate and energy goals and enhance our economic competitiveness is to create a set of clear, technology-neutral incentives that can achieve our goals and then let the market and consumers sort out the best technologies.
The Efficient Vehicle Leadership Act of 2009 that I am introducing today with Senators Snowe, Kerry, and Lugar provides a long-term pathway forward that will allow consumers to afford the most fuel efficient vehicles and a clear signal to the manufacturers that they can succeed in the marketplace by incorporating the most advanced fuel efficiency technologies into their new offerings. The bill would provide for fuel performance rebates that would decrease the cost of efficient cars and pay for it by assessing a fuel performance fee to manufacturers for inefficient vehicles to pay for the program.
The rebates and fees would be calculated based on how much more or
less fuel-efficient a vehicle is relative to the CAFE standard. The CAFE standard is based on the size, or ``footprint''--the interior dimensions of the four wheels of the motor vehicle, so each vehicle would compete with other vehicles of a similar size. The CAFE standard itself becomes more stringent over time, based on the ``maximum feasible'' fuel efficiency as determined by NHTSA, so the incentives are recast yearly against a higher target. Calculating the rebates and fees based on the CAFE standard allows them to net out, making the overall system revenue neutral and providing a continuing incentive each subsequent year. Thus, the purchasers of fuel efficiency laggards for each size pay to make the most fuel-efficient equivalent vehicles more affordable. The rebate amount must appear on the fuel efficiency sticker and consumers can choose if they want to receive their rebate directly in their tax returns or they can transfer the credit to dealer, as long as the dealer certifies they have given the rebate to the consumer at the point of purchase.
In sum, this bill provides a long-term structure for the automotive sector that provides certainty to manufacturers that the technologies that they must employ to meet the new fuel efficiency requirements will be valued by consumers and, beyond that, rewards and incentivizes innovation in vehicle efficiency to go beyond the CAFE requirements. The technological acumen of the auto industry will be harnessed, with no net impact on safety or comfort, and without distorting the marketplace. Consumers would benefit for years to come from a smaller hit on their wallet at the pump. The United States would benefit overall as we began to curb our appetite for oil.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to introduce the Expanding Industrial Energy Efficiency Incentives Act of 2009. I am pleased to be joined by my Finance Committee colleague, Senator Snowe, in introducing the Act, which creates the first direct tax-based incentives for industrial energy efficiency. As such, the Act helps our industrial sector adopt advanced energy technologies and processes, enabling American industry to reduce fuel dependency, cut costs, reduce greenhouse gas emissions, add jobs, and enhance global competitiveness.
Even though the industrial sector represents 32 percent of our domestic energy consumption, there are currently no significant tax credits that directly promote industrial energy efficiency. But as a recent study by McKinsey & Company found, the industrial sector represents the largest potential for end-use energy efficiency in the U.S. and could save $47 billion per year on energy costs through efficiency improvements. The time to make this investment is now.
The act creates incentives in the three critical areas: water reuse, advanced motors, and CFC chillers. It also enhances incentives for combined heat and power systems. Energy efficiency organizations estimate that these incentives together will save over 92 terawatt hours of energy--the equivalent of four months' worth of total U.S. energy consumption.
First, the act adds a new investment tax credit for reuse, recycling, and/or efficiency measures related to process, sanitary, and cooling water, as well as for blowdown from cooling towers and steam systems used by utility-scale thermo-electric generators. The U.S. currently reuses only 6 percent of its water, and there is significant potential for gains in this area. The industrial sector, which is responsible for 45 percent of domestic freshwater withdrawals, is an ideal place to introduce transformative water reuse and water saving technologies. Approximately 3 percent of U.S. electricity use is for pumping, treating and transporting water. The ``water-watts connection'' is well-recognized. For instance, the California Energy Commission estimates that 95 percent of the energy savings of proposed energy- efficiency programs could be achieved through water-efficiency programs, at 58 percent of the cost. Water conservation is therefore a cost-effective way to achieve significant energy savings.
Second, the bill establishes a $120-per-horsepower tax credit for efficient motor systems with adjustable speed capability. On average, motors account for 65 percent of an industrial energy user's electricity use, a percentage that is even higher in certain industries, such as water supply, mining, and oil and gas extraction. In fact, industrial motors are expected to be responsible for 7 percent of total global carbon emissions by 2020.
New advances in power electronics and controls over the past five years have advanced the potential for new smart motor technologies to provide a significant energy savings potential if these new motors are placed widely into service. By reducing the initial design and added component costs, this new credit will accelerate the adoption of advanced motor technologies into higher volume production, helping to make the technology available economy-wide.
Third, the bill adds a new incentive for replacing CFC chillers. Large water-cooled chillers are the engines of air-conditioning systems for almost all large buildings. The bill establishes a credit of $150 per ton, plus an additional incentive of $100 for each ton downsized during replacement. The incentive extends only to pre-1993, post-1980 water-cooled chillers that use the refrigerants CFC-11 and CFC-12. While chillers that use CFC-11 and CFC-12 refrigerants have been banned for new installations because their refrigerant breakdown products attack the ozone layer, some 30,000 chillers that still use these refrigerants remain in both public and private facilities across the country. Replacing these obsolete systems would allow for the recovery of 37 million pounds of ozone depleting CFCs--or 64 million metric tons of carbon dioxide equivalents. Additionally, the improvement in new chiller efficiency that would be achieved by replacing these old systems would save 17.2 million metric tons of carbon dioxide from reduced electricity consumption--the equivalent of taking 3.3 million cars off the road.
While CFC chiller replacement is cost-effective over the long-term, the high up-front costs mean that many building owners do not make these investments. This moderate tax incentive improves the economics and reduces the up-front cost, substantially increasing the number of systems replaced.
Collaterally, but just as significantly, this bill is a jobs bill. For instance, if all CFC chillers are replaced, we expect that approximately 10,500 American jobs can be directly created or preserved in the manufacturing, removal and installation of new chillers. Additional jobs will be created by the engineering services required to take advantage of these incentives, adding up to a potential 60,000 jobs.
Finally, the bill improves the combined heat and power incentive, which was enacted last October as part of the tax extenders package. The package added a 10 percent investment tax credit for combined heat and power systems. The expansion of the combined heat and power tax credit would increase the credit's applicability from the first 15 megawatts to the first 25 megawatts of system capacity and remove the overall system size cap of 50 megawatts, allowing a greater number
of combined heat and power projects to be financially viable and move forward. A recent Department of Energy study estimates that ramping up total U.S. combined heat and power to account for twenty percent of electricity capacity, a percentage that is within our reach, would eliminate over sixty percent of the expected increase in carbon dioxide emissions from today to 2030--the equivalent of taking more than half of current passenger vehicles in the U.S. off the road.
Together, these four industrial energy efficiency incentives capture a large portion of the energy efficiency potential in the industrial sector. These incentives will catalyze the deployment of new technologies that will decrease carbon emissions and protect our natural resources, all while saving money on energy costs and creating jobs.
I look forward to working with Senator Snowe to see these provisions enacted into law.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, addressing our Nation's dependence on imported oil and our greenhouse gas emissions will require policies that extend across the economy, as well as policies that are more narrowly tailored to specific sectors. Today, I rise with my colleague from Maine, Senator Snowe, to offer a bill that would enhance energy security and reduce greenhouse gas emissions associated with heating our nation's homes and buildings. Our bill, the Cleaner, Secure and Affordable Thermal Energy Act, creates significant incentives for consumers, businesses, and tax-exempt entities that now rely on heating oil to convert to energy-efficient natural gas or biomass heating systems.
Across the country, and particularly in the Northeast and Midwest, many homes and buildings still derive heat from oil-burning furnaces. According to the Energy Information Administration, in 2007, our Nation consumed nearly 160 million barrels of oil for heating fuel. This use of heating oil continues despite the existence of widely available alternatives that are cleaner, more secure, and more affordable.
On April 22, I held a hearing in the Energy and Natural Resources Committee on the Energy Efficiency Resource Standards. The Committee heard from several witnesses about the advantages of and efforts to convert residential, business, and public users from fuel oil to natural gas and biomass heating systems. For each household that converts from fuel oil to a natural gas heating system, we avoid 2.1 metric tons of greenhouse gas emissions. For each commercial building, we avoid 9.9 metric tons, and for each industrial facility, we avoid as much as 2,984 metric tons. These emission reductions are even more significant for conversions to heating systems that are fired by biomass resources.
Besides being cleaner, natural gas and biomass are far more secure resources. Ninety-eight percent of domestically consumed natural gas is produced in North America, and domestic reserves of natural gas are estimated at 100 years based on current consumption.
Finally, since the price of natural gas and biomass is lower and less volatile than the price oil, converting offers significant short- and long-term cost savings to consumers. For instance, while the average annual cost of using fuel oil for home heating averages $1,734, the average annual cost of operating a natural gas furnace is $1,004.
But significant up-front costs prevent many families and businesses from converting their heating systems.
The Cleaner, Secure and Affordable Thermal Energy Act will make these conversions more affordable for American families, businesses, and tax- exempt entities.
First, for residential consumers, the Act establishes a 30 percent tax credit for costs associated with converting from a fuel oil to natural gas or biomass heating system. The credit is capped at $3,500, $4,000 in the case of biomass stoves. To qualify, the replacement equipment must be energy efficient; a natural gas boiler must have an AFUE rating of at least 85 percent, a replacement natural gas furnace must have an AFUE rating of at least 92 percent, and a replacement biomass appliance must have a thermal efficiency rating of more than 75 percent.
For business taxpayers, the act authorizes bonus depreciation for property installed before 2012. This would enable business taxpayers to expense--that is, immediately write-off--half of the cost of qualifying property, and depreciate the remaining balance over the typical cost- recovery period.
Many of the Nation's heating oil systems are used by public entities, particularly school systems. To help public entities finance their conversions to natural gas and biomass heating, the Act adds conversion programs as an activity eligible for Qualified Energy Conservation Bonds.
Finally, to encourage expansion of natural gas service capabilities, the act includes a two-year extension of the 15-year depreciation schedule created for distribution facilities under the Energy Policy Act of 2005.
The act would move us significantly in the direction of a low-carbon economy while enhancing energy security and reducing heating costs. I look forward to working with Senator Snowe to enacting our bill into law.
Mr. President, I rise to introduce the Livable Communities Act. Our communities are growing and changing. And the way we plan for their futures needs to evolve, as well. At stake is whether or not we…
Mr. President, I rise to introduce the Livable Communities Act.
Our communities are growing and changing. And the way we plan for their futures needs to evolve, as well. At stake is whether or not we will be able to enjoy the places where we live and work without excessive traffic, skyrocketing fuel costs, and sprawling development patterns that eat up our open space.
As our communities grow, people are living farther from jobs, commuting longer distances on more crowded roadways, paying more at the pump at a time when family budgets are stretched thin and putting more greenhouse gases into the air at a time when climate change has emerged as an urgent threat.
We are losing our rural land and open spaces. Transportation costs are making housing less affordable. Even though our communities are growing in size, we are losing the community spirit that makes American towns and cities so great.
It is clear that current trends simply cannot continue.
Sustainable development will cut down on the traffic that has long plagued my home State of Connecticut and connect people with good- paying jobs. Done right, it will protect the environment and help us meet energy goals; protect rural areas and green spaces; revitalize our Main Streets and urban centers; create and preserve affordable housing; and make our communities better places to live, work, and raise families.
But does that mean sustainable development is a transportation issue? An energy issue? A housing issue? An environmental issue?
The answer, of course, is ``all of the above,'' and unfortunately, that tends to short some circuits here in Washington. Our policy has long been stovepiped within the various agencies responsible for each of the issues affected by planning and development.
In February, I wrote a letter to President Obama urging him to establish a White House Office of Sustainable Development to coordinate housing, transportation, energy, and environmental policies.
I felt confident I would find a partner in the White House. The President has been a strong leader on these issues, and he has shown a willingness to shake up a Federal Government that hasn't always succeeded when it comes to thinking outside the box and addressing related issues in a comprehensive, effective way.
Sure enough, last month I brought together Secretary of Transportation Ray LaHood, Secretary of Housing and Urban Development Shaun Donovan, and Environmental Protection Agency Administrator Lisa Jackson at a Banking Committee hearing--three public servants who don't often find themselves in the same hearing room at the same time.
They brought with them a pledge that the administration would work across agency lines to take a holistic look at development policy--and a firm commitment to livability principles that would serve as the foundation for that policy going forward.
The administration's principles demonstrate a true understanding of the best way forward.
Sustainable development, as grounded in these principles, provides more transportation choices for families, expands access to affordable housing, enhances economic competitiveness by
connecting families with jobs and services, targets funding towards existing communities to spur revitalization and protect our open spaces, values the unique character of both our cities and our small towns, and improves collaboration between different government agencies to better leverage our investments.
As Secretary LaHood said at the hearing, we are now all working off the same playbook. But now it is time to snap the ball and move down the field.
Last month the White House announced the selection of Shelley Poticha to head up these efforts. If the Livable Communities Act becomes law, as I hope it will, Ms. Poticha will head a new HUD Office of Sustainable Housing and Communities.
This new office will serve as a clearinghouse for best practices, so that successful initiatives can be easily replicated. And it will give HUD Secretary Donovan, Deputy Secretary Ron Simms, and Ms. Poticha the tools and authority they need to really dig in and become a partner to our communities in creating a sustainable future.
One successful play from our playbook could be modeled after a project in my home State of Connecticut. It links housing and transportation policy, encourages smart land use, generates economic growth, and will reduce our carbon footprint around what's known as the Tri-City Corridor in Connecticut. This proposal would provide commuter and 110-mile-per-hour intercity rail service between New Haven, Hartford, and Springfield, MA, and feature 12 stops, creating ``transit villages'' and revitalizing local economies.
Already, we are seeing how this proposed service is serving as a catalyst: attracting new business, commuters, and residents, and transforming struggling local economies.
Along the corridor is Meriden, a small city of nearly 60,000 residents located roughly halfway between New Haven and Hartford. In anticipation of a commuter stop on the rail line, the city would like to transform 15 acres of brownfields into new commercial and residential developments, including a public green that doubles as a flood buffer.
Immediately north of that site is the Mills Memorial public housing complex, providing 140 units of affordable housing to low income residents.
By linking transit, housing, and commercial planning, the city of Meriden will be able to transform its downtown into a bustling economic center ready to support a wide range of residents.
The vision of Meriden and so many communities throughout the country needs the support and planning tools to take these initiatives from idea to action.
So, today, I offer for your consideration legislation that encourages communities across the country to begin planning for more prosperous and livable futures.
In addition to creating the new HUD Office of Sustainable Housing and Communities I mentioned earlier, this bill creates a competitive grant program that States and localities can use to better integrate transportation, housing, land use, and economic development when making long-term planning decisions.
In addition, it provides funding for communities to implement these comprehensive regional plans through a challenge grant program. This program will help communities invest in public transportation, affordable housing, complete streets, transit-oriented development, and redeveloping brownfields.
Finally, this bill creates an Interagency Council on Sustainable Communities to break down the ``stovepiping'' that exists within the Federal Government and coordinate Federal policies to encourage sustainable development.
In my home State of Connecticut, integrated planning and sustainable development is critical to growing stronger communities.
We have a state-level program called HOMEConnecticut that provides grants to plan Incentive Housing Zones. In these zones, mixed-income housing is built near jobs and transit centers, in downtowns and in redeveloped brownfields. More than 50 cities and towns have either applied for grants or already received them. The investment will pay off in affordable homes, good jobs, and more livable communities.
Like bragging on Connecticut, but I would love to see this success replicated in communities around the Nation. The Obama administration has indicated its commitment to encouraging sustainable development and helping local authorities build a better future. It is time for us to do the same.
I urge my colleagues to join me in support of this important legislation.
Mr. President, I wish to speak about poverty and, specifically, how we measure it and its influence on millions of Americans.
When we return from the August recess, the Census Bureau will release its
annual report documenting the number of Americans living in poverty. But these numbers will provide a flawed picture of poverty in America since they are based almost exclusively on 50-year-old food prices. The bill I am introducing today, the Measuring American Poverty, or MAP, Act, directs the Census to develop a new poverty measure that is based on a more comprehensive definition of need. Improving the poverty measure is not just an academic exercise for statisticians, it is essential in helping us identify and implement effective policies that address this crisis.
Even with an inaccurate measurement, the picture of poverty in America is startling. In 2007, the year for which we have the most recent data, one in eight Americans--and nearly one in five children-- didn't have the resources to meet their basic needs: food, clothing, and shelter. Think about that. One in five children in America in 2007 went to bed without even the most basic elements that we take for granted. In my home State of Connecticut, more than 85,000 kids lived in poverty. And that was before the economic downturn in which we now find ourselves. The Center for American Progress estimates that the cost to our Nation of persistent child poverty is $\1/2\ trillion each year. Every year a child stays in poverty reduces future productivity over the course of his or her working life by nearly $12,000.
But the cost is more than just financial--it is moral. We are judged, Hubert Humphrey famously said, by how we treat those in the shadows of life. And every child who goes to bed hungry, every American who lacks the basic necessities of life, is a mark on our national conscience. As we struggle with the great challenges of our time, the crisis of poverty is growing. More and more Americans find that shadow creeping toward them. The Center on Budget and Policy Priorities estimated that if unemployment were to rise to 9 percent--our current unemployment rate is 9.5 percent, the highest rate in 26 years--the number of Americans in poverty would increase by as many as 10.3 million, and the number of children in poverty would rise by as many as 3.3 million.
To put those numbers in perspective, this recession will add a number of Americans equivalent to the population of Michigan to the current number who live in poverty, which is already equivalent to the population of California. In my home State of Connecticut and across this country, people who have long worked hard to get ahead are falling further behind. Folks who have worked two jobs with an eye toward sending their kids to college are having to choose between purchasing food and medications. They are hoping that a child's hacking cough doesn't turn into something more serious because they can't afford to see a doctor. They are staying up late staring at unpaid bills, wondering how to pay their mortgage when their only incomes from their meager savings and unemployment insurance, wondering what happened to their America dream.
The vast majority of people who are poor do not lack the desire for a better life for themselves and their family. They are not poor in their work ethic, their love for their country and their communities. They are in poverty, but they are not poor in the qualities that we so admire in America. The truth is, many are unlucky and face insurmountable hurdles. For some that hurdle is their inability to pay for higher education. For others it is that they work two jobs and can't read to their kids at night like they want to. And far too many others are struggling to pay their mortgage and are spending all their retirement savings just to keep a roof over their heads.
As many hard-working Americans are engulfed by the shadow of poverty, we remember Hubert Humphrey's admonition, but too often we can't even see into those shadows because the way we measure poverty in America is badly outdated. It is that challenge to which I today urge this body to rise.
Currently, we measure poverty by comparing two numbers: the money a family has, which the census refers to as an ``income measure,'' and the money a family needs to meet its basic needs, which experts call the ``poverty threshold.'' If a family's income measure is less than the threshold, they are counted as poor. It is a simple calculation. But unfortunately both elements--the income measure and the threshold-- are flawed.
The poverty threshold was created using data from the 1950s and 1960s. Currently, it is calculated by taking the 1950s cost of emergency foodstuffs--food only for temporary use when funds are low-- and multiplying that number by three because in the 1960s, food represented one-third of a family budget. But today, food represents one-sixth or one-seventh of a family's budget. Similarly, a family's cash income before taxes was once an accurate and straightforward way to measure a family's resources. But today, many Americans are subject to both State and Federal income taxes and may face exorbitant health costs or other critical needs which drain their resources. In addition, many women now work outside the home, meaning they now need pay for childcare and for getting to and from work.
And on the other side of the ledger, we now provide many benefits to low income workers that are not cash payments--they are provided through our Tax Code, or like energy assistance programs, paid directly to providers. I have fought throughout my career for programs that lift people out of poverty. Think of the earned-income tax credit, food assistance, housing assistance, home energy assistance, child care assistance--hundreds of billions of dollars spent to help Americans that aren't accounted for when we calculate whether our efforts are working. So, we need a new way to measure both what a family needs and what a family has.
When Mayor Bloomberg decided to tackle poverty in New York City, he started by doing what any successful businessman would--he surveyed the problem. But he discovered that our outdated system of measuring poverty simply didn't allow him to see what was really happening. So the mayor charged his Center for Economic Opportunity with creating a system that would better represent that threshold, as well as a family's resources. They followed the recommendation of the National Academy of Sciences 1995 panel described in ``Measuring Poverty: An Improved Approach.'' The legislation I offer today also follows these guidelines.
Specifically, this bill--the Measuring American Poverty Act--updates the calculations for both threshold and resources in the Federal poverty measure. The poverty threshold would be based on the current prices of food, clothing, shelter, utilities, and a few basic household expenses. And it would revise the current measurement of income to better reflect the reality that Americans not only must pay taxes but also certain unavoidable expenses like transportation to and from work, childcare, and medical expenses. This revised measure would also include the value of near-cash benefits like energy assistance, food stamps, section 8 housing vouchers, and tax credits such as the earned- income tax credit.
Let me be very clear: this isn't a bill to change eligibility for programs or the allocation of Federal funds. In fact, the bill's text is explicit about that. The MAP Act creates a new measurement. It does not replace the Federal Poverty Line. It does not change eligibility for programs. It will not lead to an unprecedented automatic increase in spending.
What the MAP Act will do is help us to understand the scope of the poverty crisis in America, and to better evaluate the effectiveness of our solutions to it. We have a difficult job ahead of us, as we look to lift Americans out of poverty, provide middle-class families with a strong safety net, and restore the American Dream for working men and women. But we must begin by facing unafraid the true nature and scope of the poverty crisis. I urge my colleagues to join me in support of this legislation.
Mr. President, today I am introducing along with my friend and colleague, Senator Bennet, the Ruedi Reservoir Water Allocation for Recovery of Endangered Fish Act. This bill will help address…
Mr. President, today I am introducing along with my friend and colleague, Senator Bennet, the Ruedi Reservoir Water Allocation for Recovery of Endangered Fish Act. This bill will help address endangered fish issues in the Colorado River on Colorado's western slope by allowing the U.S. Bureau of Reclamation to release the remaining un-marketed water in Ruedi Reservoir for recovery purposes.
The Ruedi Reservoir is a component of the Fryingpan-Arkansas Project, a U.S. Bureau of Reclamation project, located on the Fryingpan River in western Colorado. The primary purposes of Ruedi are to provide storage of replacement water that allows out-of-priority diversions by the project to Colorado's east slope, and to provide marketable water for Colorado's west slope uses. A little more than one-third of Ruedi's marketable yield is currently under contract with limited prospects for foreseeable future contracting.
In 1999, the U.S. Fish and Wildlife Service, FWS, issued a programmatic biological opinion, PBO, for a critical reach of the Colorado River in Colorado related to recovery efforts for four fish species listed as endangered under the Endangered Species Act, ESA. The PBO provides ESA compliance for five Reclamation projects: the Fryingpan-Arkansas Project, including Ruedi Reservoir, the Colorado-Big Thompson Project, the Colbran Project, the Grand Valley Project, and the Silt Project.
The PBO also provides ESA compliance for all existing non-federal water projects and water users of the Colorado River upstream of the Gunnison River depleting approximately 1 million acre-feet per year and for 120,000 acre-feet per year of new depletions. As part of the PBO, Colorado water users agreed to provide 10,825 acre-feet per year for fish recovery from interim water sources until 2010, by which time permanent sources of water must be identified and agreements completed between water users and the FWS to provide the permanent source or sources of water.
Water users have identified the required permanent sources of water for endangered fish. Half of the 10,825 acre-feet per year requirement will be met from converting a historical agricultural water right and half from uncontracted, unobligated Ruedi Reservoir water. Reclamation has initiated NEPA compliance on Federal actions related to providing 10,825 acre-feet per year for endangered fish. This bill provides that the NEPA process be completed before authorizing Reclamation to apply the marketable yield to ESA benefits.
In regards to costs, the reimbursable capital costs for the Ruedi Reservoir were assigned separately in the authorizing legislation to east and west slope beneficiaries of the project. The east slope's obligation of $7.6 million was assigned to Southeastern Colorado Water Conservancy District under a conventional Reclamation master contract for the 28,000 acre-feet replacement pool. The obligation to repay Ruedi Reservoir's $9.3 million cost was assigned to the marketable yield for the west slope's benefit, and this was to be re-paid by water contracts from this pool for west slope uses. There is no traditional, master contract with a west slope project ``sponsor'' for this portion of the project's cost recovery. A little more than one-third of the available marketable yield pool is currently under contract. Given that there are limited prospects for foreseeable future contracting, permanent assignment of 5,412.5 acre-feet of water for endangered fish recovery is prudent and appropriate.
To effectuate this new arrangement, the bill would amend Public Law 106-392 to permanently assign 5,412.5 acre-feet of water in Ruedi Reservoir from the west slope's marketable yield pool to endangered fish recovery and associated cost reallocation to non-reimbursable purposes. In so doing, the bill would accomplish a number of goals such as ensure continued ESA compliance for all east and west slope Colorado River main stem water users upstream of the Gunnison River, provide water from Ruedi Reservoir at affordable rates for potential future contracting, and provide consistency with long-standing Congressional policy and Reclamation law that water dedicated to fish and wildlife purposes from Reclamation projects is a non-reimbursable cost. The bill would also ensure compliance with Colorado law regarding the purposes of Ruedi Reservoir, namely that the marketable yield pool is available for the benefit of west slope water users by providing ESA compliance for uses of this water.
As with most issues related to water in the west, and especially in Colorado, one facility like the Ruedi Reservoir can affect many interests and values. This bill would provide mutual benefits to water users throughout the Colorado River. It is an example where we can reach consensus to continue to provide needed water to communities while also preserving fish species.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, today I am introducing a revised version of the Naval Oil Shale Reserve Mineral Royalty Revenue Allocation Act that I previously introduced on August 4, 2009. This bill is the same as the one I previously introduced, but it corrects an error regarding the allocation of outstanding mineral royalties to four counties in Colorado instead of two--those four counties being Garfield, Rio Blanco, Mesa and Moffat. This revised version also makes it clear that the mineral royalty allocated to these four counties would not affect the normal allocations to those counties under the ``payment in lieu of taxes'' program. In all other respects, the bill and its purposes remain the same. It is a bill designed to release mineral royalty receipts to Colorado where the receipts were generated from gas development within this reserve on the western slope near Rifle, Colorado.
By way of background, in 1997, Congress transferred the federal Naval Oil Shale Reserve lands in western Colorado from the U.S. Department of Energy, DOE, to the U.S. Bureau of Land Management, BLM, and directed the BLM to begin leasing the oil and gas resources under these lands. The Transfer Act also directed that the royalties recouped from this leasing program be set aside and the state portion not disbursed to Colorado until the Interior Department and the DOE certified that enough money from the royalty receipts accrued to satisfy two purposes.
The first was to provide funding to clean up the Anvil Points site on these lands. Anvil Points was an oil shale research facility that operated within the Naval Oil Shale Reserve for about 40 years. The facility was operated by DOE at one point, and private industry performed research there under contract. Waste material was produced at this facility from oil shale mining and processing. That waste accumulated in a pile of about 300,000 cubic yards of spent oil shale and other material--including arsenic and other heavy metals--which rests on slopes below the facility.
The second purpose was for the reimbursement of certain costs related to the transfer.
Following the transfer to the BLM, this area experienced significant natural gas leasing and, as a result, significant royalty revenue was generated.
On August 8, 2008, the DOI and DOE certified that adequate funds had accrued to accomplish the goals of cleanup and cost reimbursement and subsequently allocated all royalty revenue generated after this date according to the Mineral Leasing Act, which establishes that Colorado receive a proportionate share.
However, considerably more revenue accrued than was necessary to accomplish the cleanup and cost reimbursement goals. This bill would direct that this additional royalty revenue be allocated to Colorado according to the formulas and processes established for the disbursement of federal mineral royalties under the Mineral Leasing Act.
The bill also directs that the Colorado share of this remaining royalty revenue be allocated to the four Counties directly impacted by oil and gas leasing on the Naval Oil Shale Reserve lands--specifically, Garfield, Rio Blanco, Mesa, and Moffat Counties. Finally, this bill makes it clear that these royalty payments shall not affect the funds that these Counties normally receive under the ``payment in lieu of taxes''--or PILT--program.
Based on figures provided by the BLM, there remains approximately $17 million in these accounts for Colorado's royalty revenue share. This bill would make Colorado whole and provide it with its rightful share of the remaining royalty revenue to address critical local needs and impacts from the very leasing that produced the royalty revenue.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to introduce an important piece of legislation on behalf of myself and Senator Kay Hagan of North Carolina, the Rural Physician Pipeline Act of 2009.
In making my way across my home State, I have listened to rural constituents from all over Colorado, and their message is clear: rural communities are being hit hard by America's health care crisis.
The life expectancy for women in many rural counties across the Nation has declined significantly over the past several decades, and health outcomes for Hispanic, Native American, and other minority populations are at unacceptable levels. Low-income rural Americans in these areas have very few options for affordable access to health care, if they have any at all.
Just over 2 weeks ago, I reached out to health care providers and professionals in rural regions of Colorado that have been most impacted by our ailing health system to hear directly from those on health care's front lines. While there are many factors contributing to the lower health outcomes we are seeing in these regions, including regulatory hurdles and low reimbursement rates for rural clinics and hospitals, the physicians and health professionals I spoke with were pretty clear about the overwhelming culprit: lack of primary care doctors.
Invoking imagery of the black bag toting doctor from decades ago making house calls to treat all that ailed you and your family, primary care physicians are still the lynchpin of our health care system. These physicians are the most familiar to Americans--they are the family doctor, general practitioner, and pediatrician, and they are many times the only point of contact that people have with the health care system. They are the first line of defense for keeping our families healthy.
Unfortunately, as the entire Nation suffers from a shortage of primary care doctors, our rural areas are hit the hardest. For a variety of socioeconomic and resource-related reasons, rural communities struggle to compete with big cities in recruiting from an already scarce pool of doctors. Some of these barriers are inherent to these areas--lack of job opportunities for spouses or a general lack of desire to live the lifestyle offered by our rural communities. But some barriers can be overcome if we use our resources wisely and work toward solutions to break them down, particularly with respect to how we as a nation train and compensate our front line doctors.
Medical school is where we develop and educate our new doctors, yet the 4 years of training they provide more often than not nudge students into more lucrative specialty care or toward practice in higher paying cities. While we certainly rely on our cardiologists, orthopedists, neurologists, and the many other medical specialists to provide the top-notch care that only they are trained to provide, we cannot continue to push students into these areas to the detriment of primary care. A balance needs to be found.
Today, I am proud to introduce, along with Senator Kay Hagan of North Carolina, the Rural Physician Pipeline Act of 2009, a bill that I hope can be part of the solution to our rural physician shortage. This legislation would make grants available to medical schools across the country for establishing programs designed to recruit students from rural areas who have a desire to practice in their hometowns. These programs would cultivate and strengthen the rural commitment of these future ``homegrown'' doctors, provide them the specialized training necessary to excel in the unique environment of sparsely populated regions, and assist them in finding postgraduate training programs that specialize in training doctors for practice in underserved rural communities.
Primary care doctors in rural areas face challenges that urban doctors do not. When a physician is the only health care provider for an entire county, he or she cannot refer patients down the hall to a specialist. The rural training programs encouraged by this bill would give students additional training in pediatrics, emergency medicine, obstetrics, and behavioral health, among other areas, which will allow them to better serve their communities and hopefully lower the disturbing disparities of health outcomes we have seen over the years.
I was prompted to write this bill after seeing the promising results of a similar program at the University of Colorado School of Medicine. Faculty like associate dean for rural health, Dr. Jack Westfall, and rural health track director, Dr. Mark Deutchman, have found that reaching out to rural communities for student recruitment and reinforcing their rural commitment throughout their training is the best way to get them back into the communities that need them most.
My hope is that an expansion of similar programs nationwide will provide a ``one, two punch'' for the rural physician workforce--it will train more rural doctors, and it will train them better.
I recognize that this legislation would play only a modest role in tackling the immense workforce challenges our health care system faces. We need more equitable payments for low-paid primary care doctors, loan-forgiveness programs must be expanded to allow medical graduates to practice primary care without going into budget-crushing debt, and graduate medical education dollars need to be more flexible so that rural residency programs can be established to train graduates.
Health care reform needs to address these areas.
As my fellow Senators and I depart Washington for our home States to listen to the ideas, needs, and concerns of our constituents over the remainder of the month, We do so with the knowledge that there is much to accomplish
upon our return. And as Congress continues working toward a health reform bill that puts the patient in charge of his or her health care choices, brings costs down, ensures financial sustainability, and brings security and stability for all Americans, there is one other thing we must also insist: health reform will not leave rural America behind.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
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I rise to speak in support of the Foreign Manufacturers Legal Accountability Act of 2009, which I am introducing today with the ranking member of the Judiciary Committee, Senator Sessions, and…
I rise to speak in support of the Foreign Manufacturers Legal Accountability Act of 2009, which I am introducing today with the ranking member of the Judiciary Committee, Senator Sessions, and Senator Durbin. This bipartisan bill is an important step in protecting American consumers and businesses from injuries caused by defective products manufactured outside the United States. Those products hurt American consumers--they lead to serious injuries, and even death--and they hurt the American businesses that must deal with angry customers, product recalls, and unusable inventory.
The list of recent examples of Americans injured by defective foreign products is shocking. Last year, a contaminated blood thinner from a foreign manufacturer caused severe medical reactions and contributed to numerous deaths. In 2006, a foreign-made, lead-tainted charm bracelet claimed the life of a 4-year-old. The autopsy demonstrated that the charm was 99 percent lead, 1,650 times more than the 0.06 percent lead limit specified in enforcement guidelines for children's jewelry. Imported food products from seafood to honey have been contaminated with unthinkable chemicals, including veterinary drugs banned in domestic production, potentially harmful antibiotics, and unapproved food additives. Sixty million packages of pet food contaminated with tainted wheat gluten have been recalled in the last two years. Substandard tires have failed, leading to fatalities. Most recently, defective drywall imported from China has been found to contain excessively high levels of sulfur, causing houses to smell like rotten eggs, corroding copper wiring, and making expensive appliances fail. Thousands of homes may be affected.
At a hearing that I chaired in May, the Subcommittee on Administrative Oversight and the Courts explored the legal hurdles facing consumers who are injured by defective foreign products and by businesses that find that their foreign partners refuse to honor their contracts. These hurdles allow foreign manufacturers to continue to injure American businesses and consumers, and also put American manufacturers at a competitive disadvantage since they allow foreign manufacturers to offer cheaper products that do not comply with American safety requirements. Two major hurdles to proper accountability are the inability to serve
process on the foreign manufacturer and the ability of that foreign manufacturer, even if served, to evade the jurisdiction of American courts. As the witnesses testified at the hearing, legislation that addresses these issues is necessary and appropriate. The Foreign Manufacturers Legal Accountability Act addresses both concerns.
The first problem, the inability to serve process on a manufacturer, essentially means that it is difficult for an American to give a foreign manufacturer the documents necessary to give it the legally required notice that it is the subject of a lawsuit. This sounds like a simple step, and it should be. Unfortunately, however, it is very hard to serve process on foreign companies abroad. As witnesses explained at the hearing in May, service abroad is complicated by the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters, to which the United States is a signatory. Under that convention, a complaint must be translated into the foreign language, transmitted to the Central Authority in the foreign country, and then delivered according to the rules of service in the home country of the defendant. This can cause months and even years of delay, not to mention great expense for Americans.
The Foreign Manufacturers Legal Accountability Act will allow Americans to overcome that procedural hurdle by serving legal papers inside the United States on registered agents of foreign manufacturers. The bill requires the heads of federal government agencies such as the Food and Drug Administration to pass regulations requiring that foreign manufacturers of products regulated by their agencies register an agent who will accept service of process. It allows regulators to exclude manufacturers who only import a minimal amount of products into the United States. It imposes a minimal burden on foreign manufacturers, since they would only have to appoint one agent to accept service of process for all state and federal regulatory and civil actions anywhere in the United States. The bill allows the manufacturer to choose any location for that agent with a ``substantial connection to the importation, distribution, or sale of the products of such foreign manufacturer or producer.'' This clear and straightforward system will allow Americans to commence their lawsuits fairly and promptly, and ensure that foreign manufacturers have proper and fair notice of the proceedings brought against them. It will not conflict with American obligations under the Hague convention, since that convention applies to service of process on foreign manufacturers in their home countries, not in the United States.
The second hurdle, the inability to establish personal jurisdiction over foreign manufacturers, can end a lawsuit against a foreign manufacturer before it even begins. Think about how unfair this is. A foreign manufacturer sells its defective products in the United States, injures American consumers and businesses, and then argues that it is not subject to the courts in the state where the American was injured-- in legal parlance, that the courts do not have personal jurisdiction over it. As witnesses explained at the hearing, foreign manufacturers raise this technical legal defense to avoid liability even when serious injuries or even death have been caused by their products--their defective tires, fireworks, exercise equipment, bikes, and toys.
The Foreign Manufacturers Legal Accountability Act will enable injured Americans to surmount this hurdle. It will make clear to foreign manufacturers that by importing their products into the United States and by registering an agent in the United States, they are consenting to the jurisdiction of the courts in the state where their agent is located. By consenting to jurisdiction, the manufacturers will avert unnecessary and expensive legislation about technical legal issues and allow courts to settle the merits of disputes. This approach is fair to foreign manufacturers since all American manufacturers are subject to the jurisdiction of the courts of at least one state. This bill therefore complies with the trade principle that we should not subject foreign manufacturers to burdens not already imposed on domestic manufacturers.
Indeed, the Foreign Manufacturers Legal Accountability Act is ultimately about fairness. We all know American manufacturers comply with regulations that ensure the safety of American consumers and businesses. When they fail to do so, they must answer to regulators and are held accountable through the American tort system. Unfortunately, however, foreign manufacturers are not being held to the same standards--injuring American consumers and businesses, and putting American manufacturers at a competitive disadvantage. We must level the playing field for all manufacturers and provide justice for American consumers and businesses. The Foreign Manufacturers Legal Accountability Act will allow us to make a major step in that direction. It covers major product categories including consumer goods, drugs, cosmetics, and chemicals, and it requires relevant agencies to study workable approaches to ensure that foreign food producers also are brought within the ambit of the American legal system.
Protecting Americans and holding foreign manufacturers accountable when their products harm American consumers and businesses is a bipartisan issue. Everyone agrees that we should do what we can to keep Americans safe from defective products. So too, I think, do we all agree that American companies should not be at a competitive disadvantage to their foreign counterparts. The Foreign Manufacturers Legal Accountability Act builds on those fundamental agreements. I am grateful to my colleagues Senator Sessions and Senator Durbin for their hard work on this bill and look forward to working with my colleagues on both sides of the aisle to see it passed into law.
Mr. President, I rise today to introduce legislation that would help families struggling with medical debts overcome hurdles that under current law make it difficult for them to find relief in the bankruptcy system. With medical costs at an all-time high and the unemployment rate hovering near 10 percent nationwide--and 12.4 percent in my home State of Rhode Island--too many individuals and families struck with injury and illness have no other option but to file for bankruptcy. According to a recent Harvard University study, health care-related costs have been a primary driver of personal bankruptcy filings, contributing to over 62 percent of filings in 2007.
The statistics are as shocking as the personal stories are heartbreaking. Countless Rhode Islanders have written to me during my time in office asking for help with crippling medical costs, and I want to share just two of their stories with you today.
Adam, a 23-year-old from Bristol, recently underwent surgery for cancer. Adam's treatment plan requires him to undergo a CT scan every 2 months. While his insurance initially paid for his health costs, he received word not long after his surgery that his policy was ``maxed out'' and that he would have to pay $6,700 out of pocket for an upcoming CT scan. As of today, Adam, a young man just starting his adult life, has $20,000 in medical debt and reports that he ``cannot see any light at the end of the tunnel.''
Robert, a veteran and retiree also from Warwick, suffered a major heart attack in November of 2004. Although he had health insurance, Robert was responsible for paying a $2,000 deductible plus 20 percent of the cost of his care. After 40 years of working and saving, these medical costs wiped him out, and he had to sell his home.
Adam and Robert have both suffered unexpected medical costs that have turned their lives upside down. These Rhode Islanders, like millions of others nationwide, may be forced to file for bankruptcy to get a clean start--but when they do, they will learn that the bankruptcy process can be time consuming and costly and ultimately may not allow them to stay in their homes.
The legislation that I am introducing today, the Medical Bankruptcy Fairness Act of 2009, would help people who because of medical costs have no other choice but to file for bankruptcy. The bill would waive procedural hurdles so that Adam and Robert would have the option of a speedier, less expensive, and more efficient bankruptcy. To begin with, it would waive credit counseling requirements for these debtors. Such requirements have little relevance to people whose debt stems not from poor budgeting but, rather, from uncontrollable medical expenses. The bill would also waive the so-called ``means test,'' making the filing process quicker and less costly and making sure that people have the ability to file to have their debts discharged in chapter 7, as opposed to a chapter 13 plan under which they would have made debt payments for 3 to 5 years.
In addition to removing these procedural hurdles, the Medical Bankruptcy Fairness Act would give people with high levels of medical debt the ability to retain at least $250,000 in home value through the bankruptcy process. The ``homestead exemption'' is one of many aspects of bankruptcy law that looks to the laws of the individual States. While filers in some States already have the ability to preserve home equity at this level, a number of States offer homestead exemptions of $5,000 or less. With the average home price nationwide around $200,000, the $250,000 exemption included in this bill will allow the majority of individuals and families crushed by medical debt to keep their homes.
Finally, the bill would eliminate an obstacle that prevents many bankruptcy filers from accessing the chapter 7 bankruptcy system, which as I mentioned earlier is the simplest and most efficient form of bankruptcy. Because attorneys' fees are ``discharged'' at the end of a chapter 7 bankruptcy, attorneys generally require the upfront payment of fees in chapter 7 proceedings. Many debtors who would be better off filing for a quicker and less costly bankruptcy in chapter 7 are forced to file in chapter 13 because they don't have enough cash to pay the attorney. The Medical Bankruptcy Fairness Act would make attorneys' fees nondischargeable in chapter 7 bankruptcies, as in chapter 13 bankruptcies, making it easier for debtors to elect the more efficient chapter 7 proceeding.
Before I conclude, I want to acknowledge the hard work of my colleague from Massachusetts, Senator Kennedy, on the issue of medical debt. Senator Kennedy offered amendments during the consideration of the 2005 bankruptcy reforms that would have given people struggling with medical debts treatment similar to that which they would get under the Medical Bankruptcy Fairness Act. Unfortunately, those amendments were voted down. I look forward to working with Senator Kennedy to make sure that we don't miss another opportunity to help Americans struggling with medical debt.
There are people in every State suffering from medical hardship and related debts who would benefit from this legislation. I urge my colleagues to work with me to pass it to Adam and Robert and the millions like them nationwide a clean start in bankruptcy.
Mr. President, I rise today with the newest esteemed Member of this Chamber, Senator Al Franken, to introduce the Affordable Access to Prescription Medications Act of 2009. I think this is the first…
Mr. President, I rise today with the newest esteemed Member of this Chamber, Senator Al Franken, to introduce the Affordable Access to Prescription Medications Act of 2009. I think this is the first bill we have introduced together, and I look forward to working with him again in the future. The legislation we are introducing today is a critically important bill--one that protects all Americans from high out-of-pocket spending on prescription drugs.
With each passing year, Americans are paying more for their health care. Rising out-of-pocket costs are problematic for all patient populations, but are particularly burdensome for chronically ill and low-income individuals. The health insurance premiums and out-of-pocket costs for those below the federal poverty level are huge, with 28 percent paying more than ten percent of their income. Overall, out-of- pocket spending for individuals insured in the private insurance market is large and rapidly growing, with an increase of 45 percent between 2001 and 2006.
Prescription drugs represent the highest out-of-pocket cost for patients, comprising almost 31 percent of total out-of-pocket spending. The higher the out-of-pocket cost, the fewer individuals fill their needed medications. In fact, about 20 percent of individuals with out- of-pocket spending greater than $250 a month do not fill their prescriptions and, thereby further exacerbate their conditions. Out-of- pocket expenses are only getting worse, especially as prescription drug costs increase. A 2009 survey found that 53 percent of Americans have cut back on health care spending in the last twelve months, as the economy has worsened.
In Medicare specifically, beneficiaries enrolled in a prescription drug plan in 2007 spent $38 a month, on average, for prescription drug co-payments. However, for those on high-cost medications, the cost burden can be enormous. Ninety percent of Medicare prescription drug plans and ten percent of private insurance plans include what is referred to as a specialty tier for medications costing over $600 a month. For these medications, enrollees can be asked to pay up to 33 percent of the drug's cost in copayments.
The high cost of treatment, particularly for life-saving and life- sustaining treatment, poses an unreasonable and devastating barrier for sick patients that can force them to delay or entirely forgo necessary treatment. For one West Virginian, the chemotherapy drug he needs to treat his cancer is more than $13,500 for a 90-day supply. Under his Medicare prescription drug plan, he would have to pay $4000 of that cost. He didn't have $4000, so he chose not to be treated.
Another West Virginian with multiple sclerosis contacted my office recently, and told me that the drug to treat her disease, which allows her to continue to work, costs $1900 a month. Her private insurer changed its policy from a $20 flat copayment for each prescription to 25 percent co-insurance for each prescription, creating a financial burden for her of $475 per month. It should come as no surprise that she is struggling to pay this amount every month.
These West Virginians are just a couple of examples of the millions of Americans who pay their health insurance premiums every month for coverage that is supposed to protect them from such enormous financial losses--but, sadly, it does not. Providing access to affordable prescription drugs for the treatment of chronic diseases is critical to improving our nation's health care system, which is why we are introducing this legislation today. The Affordable Access to Prescription Medications Act will go a long way to address the growing problem of catastrophic prescription drug expenses.
First, this bill will establish a $200 cap on the amount a person could be charged for any one prescription, and a $500 cap on the total amount an individual could be charged for all prescriptions in any given month. These caps apply to all private and public insurance plans, including Medicare prescription drug plans.
Second, this bill establishes an exceptions process for specialty drugs. Currently, the most expensive prescription drugs in the Medicare prescription drug program that are included on specialty tiers are not subject to beneficiary exemption requests, but for all other Medicare- covered prescription drugs, a beneficiary can request an exemption to allow them access to needed drugs. High-cost, specialty drugs can be difficult to access and this bill will allow any beneficiary to request any needed prescription drug, including those in specialty tiers, through the exemption process.
Third, this bill requires the Medicare Payment Advisory Commission, MedPAC, to conduct two studies regarding discrimination and cost- sharing. The first study will review Medicare Part B, Part C, and Part D prescription drug polices to make sure they do not violate the non- discrimination rules passed as part of the 2003 Medicare law. Under 2003 law, plans are prohibited from discriminating against individuals based on medical condition. The second study will examine the impact of prescription drug cost-sharing on beneficiaries and their health, particularly for those who have already paid their way through the so- called doughnut hole.
If enacted, this legislation will protect Americans from high out-of- pocket spending on prescription drugs. Based on studies that explain the problem, this bill could potentially lower copayments for 2.5 to 10 percent of Americans with the highest prescription costs. It will protect all Americans from the risk of incurring extraordinarily high prescription drug costs.
The national cap on out-of-pocket spending for prescription drugs will reduce costs for the most vulnerable populations by over 50 percent. Given the rising costs of drugs, the prevalence of new drugs on the market, and the current economic recession, addressing the affordability of prescriptions drugs is vitally important.
We must act now to make prescription drugs more affordable for all Americans, but especially those with chronic diseases. I urge my colleagues to join me in support of this important bill.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today with my colleagues, Senator Akaka and Senator Brown, to introduce the Medicare Prescription Drug Coverage Improvement Act, legislation that makes long overdue improvements to the Medicare prescription drug program, particularly for Medicare beneficiaries who are simultaneously enrolled in Medicaid. Know as ``dual eligibles,'' these individuals are among our nation's most vulnerable populations--and they have been overlooked for far too long.
Approximately 8.8 million Americans are simultaneously enrolled in Medicare and Medicaid, and they are among the sickest and poorest individuals covered by either program. Most dual eligibles are very low-income, in poor health, and have substantial health care needs. Seventy-one percent of dual eligibles have annual incomes below $10,000. Over half of all elderly dual eligibles are limited in activities of daily living and, in comparison to other Medicare beneficiaries, are three times more likely to be disabled. Dual eligibles also have higher rates of heart disease, pulmonary disease, diabetes, and Alzheimer's disease than the general Medicare population.
After passage of the Medicare prescription drug law, Members of Congress and health care advocates alike tried for more than a year to work with the Bush Administration to prevent prescription drug coverage barriers for dual eligibles and other low-income Medicare beneficiaries. I introduced the Medicare Dual Eligible Prescription Drug Coverage Act of 2005, S. 566. and the Requiring Emergency Pharmaceutical Access for Individual Relief, REPAIR, Act of 2006, S. 2183, to prevent disruptions in coverage for vulnerable seniors and individuals with disabilities.
Unfortunately, effective fail-safe mechanisms were not put into place by the previous Administration to address the transition of the dual eligibles to Medicare prescription drug coverage. Consequently, millions of elderly and disabled Medicare recipients continue to experience significant barriers to care.
Health care problems persist for the dually eligible largely because of poor coordination between Medicare and Medicaid--which have two different sets of providers, two different sets of benefits, and two different sets of enrollment policies. The legislation we
are introducing today will go a long way to provide dual eligibles with the right care, in the right setting, and at the right time.
Additionally, the Medicare Prescription Drug Coverage Improvement Act will provide more affordable and comprehensive prescription drug coverage for all Medicare beneficiaries.
First, this bill will create a new Federal Coordinated Health Care Office within the Centers for Medicare and Medicaid Services, CMS. The purpose of this new office will be to provide a much more integrated model of care for dual eligibles by coordinating their Medicare and Medicaid benefits.
Second, this bill contains two provisions to help make prescription drugs more affordable and accessible for all Medicare beneficiaries--it allows the Secretary of Health and Human Services to negotiate directly with pharmaceutical companies to lower prescription drug prices and it creates a Medicare-operated prescription drug plan.
The Secretary would be required to implement two or more of the following strategies on an annual basis to reduce the cost of prescription drugs covered by Medicare: direct price negotiation with pharmaceutical manufacturers, additional rebate agreements for Medicare prescription drugs that are consistent with the rebate agreements provided to states for Medicaid, comparative clinical effectiveness data, or prescription drug rates negotiated under the Federal Supply Schedule.
A Medicare-operated prescription drug plan would be created by the Secretary of HHS. This plan would be a stable and affordable option available to all Medicare beneficiaries. This plan would create a robust prescription drug formulary based on patient safety, efficacy and value. The formulary incentive process would be transparent and uniform. An advisory committee would be created to review petitions for drug inclusion and recommend formulary changes. This Medicare-operated plan will create fair-market competition and lead to less costly drug choices for Medicare recipients.
Third, this bill contains significant new requirements for Medicare Advantage Special Needs Plans. These plans serve extremely vulnerable populations, including dual eligibles; yet, they have very few standards that they are required to abide by. The Medicare Prescription Drug Improvement Act will require special needs plans to be accredited by the National Committee for Quality Assurance. Additionally, our legislation requires special needs plans to provide more robust prescription drug coverage, meet uniform standards for data collection and reporting, and offer better care coordination.
Finally, this bill will implement a number of technical fixes to facilitate enrollment in the Medicare prescription drug benefit for those who qualify. State and Federal officials will be required to clearly identify dual eligibles in all databases and electronically file eligibility information, so that these beneficiaries will not continue to fall through the cracks. Pharmacies will use a facilitated point-of-sale enrollment process and automatically enroll certain dual eligible individuals in the Medicare-operated prescription drug plan. New limits on cost-sharing and resource requirements for low-income beneficiaries will also be put into place. Prescription drug cost- sharing for dual eligibles who are using home and community-based services, instead of institutionalized care, will be eliminated.
We are in the midst of discussing sweeping changes to our health care system. In addition to provisions to help the uninsured, health care reform must also include provisions to improve the coverage that people have today. This is especially true for seniors and individuals with disabilities. The Medicare prescription drug program is extremely difficult to navigate and many enrollees are still denied access to the prescription drugs that they need. This legislation will make the Medicare prescription drug program much more manageable for seniors and individuals with disabilities, particularly those dually eligible for Medicare and Medicaid.
The time for action is now, and I urge my colleagues to join us in support of this important legislation.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, businesses like airlines, trucking companies, and heating oil distributors buy and sell oil and futures contracts because they need to do so to run their day-to-day business and hedge…
Mr. President, businesses like airlines, trucking companies, and heating oil distributors buy and sell oil and futures contracts because they need to do so to run their day-to-day business and hedge their risk against wild swings in oil prices like consumers saw last year.
But there are also buyers and sellers in the market--financial speculators--who are simply there to try to make a quick dollar on oil as an investment strategy. The explosion of speculators into the marketplace has distorted the oil and gas market and driven up the price of oil for everybody. When commercial businesses see fuel prices go up, they try to consume less. But when speculators see prices go up, they buy more and keep driving up demand. This distorts the normal supply-demand balance of the markets and digs a huge financial hole for average Americans.
In 2000, speculative trading in the oil futures markets accounted for 37 percent of crude oil trading on the New York Mercantile Exchange. By last summer when prices were approaching $150 a barrel, that number had grown to more than 70 percent. I do not think that is a coincidence.
There are a lot of proposals around to fix the regulatory system to prevent trading abuses. Oregon's economy really suffered from abusive energy trading by Enron, and I am all for closing trading loopholes. But my bill is aimed at something different. It is aimed at the giant financial bubble that has been created by people who are simply chasing speculative profits in the commodities markets and creating artificial demand that is driving up prices.
The legislation I am introducing today--Stop Tax-breaks for Oil Profiteering, STOP, Act of 2009--will let some of the air out of this speculative balloon and help create a level playing field among companies participating in the commodity markets.
Under the tax code, commercial traders, those who truly need to buy, sell and hedge their purchases of oil, pay taxes on whatever profits they make on trading at the same rates as ordinary income. Speculators get a much better deal from the TAX CODE. Some, such as pension funds or endowments, do not pay any tax whatsoever when they profit on their oil or futures investments. Others, like hedge or index funds can get lower tax rates by treating some of their trading profits as capital gains. Clearly, the deck is stacked against the businesses who really buy and use oil. That means it is also stacked against the consumer who needs the services and products those businesses provide.
My proposal removes incentives in the tax code that make such investments attractive to both tax-exempt and tax-paying investors. It also makes everyone in the United States who is buying and selling oil and gas or futures contracts play by essentially the same tax rules across the board. Tax-paying entities would lose the ability to treat any of these investments as capital gains and be subject to comparable tax treatment on oil and gas investments as airlines or trucking companies or fuel distributors or other businesses that truly need to be in these markets.
Tax-exempt entities, like pension funds, would be required to pay ``unrelated-business-income-tax'' on their oil and gas trading gains. UBTI already exists as a well-established tax obligation for income that is not directly related to the tax exempt purpose of the organization. UBTI was created precisely to keep tax exempt organizations from competing unfairly with taxpaying businesses, which is what they are doing when they enter the commodity markets solely for investment income purposes. The bill also includes provisions that would prevent tax exempt organizations from investing in off-shore funds to try to avoid the new UBTI tax.
By focusing on tax fairness, my bill would realign the profit incentives that are currently attracting non-commercial actors to the markets. If speculators are truly in the markets and are wrecking havoc with oil and gas prices, this bill will do away with their tax subsidies and cause many to leave. It deflates the speculative balloon of artificially inflated profits that has made this investment arena so attractive.
If speculators are not a problem, then this bill will help prove the theory that the wild swings in oil prices of the past year truly can be blamed on supply and demand.
The bill would only cover the oil and natural gas markets, and related products like gasoline and diesel fuel, and be in effect for the next 4 years. However, after 3 years, it would require the Treasury Department to issue a report analyzing the impact of these changes on these markets, making recommendations on what changes to make.
Other proposals on oil speculation focus on regulation of the market or limiting the amounts of oil traders could purchase. These approaches are ``top down'' efforts to prevent trading abuses and financial investors from swamping the market. This bill approaches the problem from the bottom line up. Willy Sutton, the bank robber was asked why he robbed banks, to which he is said to have replied, ``It's where the money is.'' That is why this bill focuses on the flow of financial investment funds into the oil and gas markets, it's where the speculation is.
In these tough economic times, I believe consumers need protection from people who try to game the system to pad their own pockets. By putting an end to the imbalances in the tax code that currently feed oil profiteers, the STOP Act will be good for American businesses and consumers. I hope my colleagues will join me in protecting our economy and leveling the playing field in the oil and gas markets by voting in favor of the STOP Act.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to introduce the Take Back Your Health Act of 2009. I want to thank my friends Senator Cornyn and Senator Harkin for joining as original cosponsors of this bill.
This bill is another example of how Democrats and Republicans can come together on health reform. This bill incorporates ideas that bridge the philosophies of both parties: prevention, individual responsibility, and paying for health care services that provide value.
These days, health care reformers talk about bending the cost curve down and focusing on delivery system ``game changers''. Often my friends and I have talked about how pevention--preventing disease or illness before it happens--does both, but is not scored as bending the cost curve by the Congressional Budget Office.
Over the last year, I have worked with some of the brightest minds in prevention--Doctors Dean Ornish, Mike Roizen, and Mark Hyman--on how to design a program that will change the focus of medicine from treating medical problems to preventing them while delivering savings. The road that took us to this bill has not been an easy one, but I believe this bill achieves all of our goals when it comes to encouraging healthier behaviors that will help prevent disease, especially chronic diseases.
The heart of this bill is what's called an intensive lifestyle treatment program. This program is an individualized health plan prescribed by a doctor that gets people living healthier and getting healthier through exercise, nutrition counseling, care coordination, medication management, and stopping smoking.
This type of program has been proven to help or even reverse the progression of many chronic diseases. A Highmark Blue Cross Blue Shield study found that their costs went down 50 percent after their patients took part in an intensive lifestyle program. That can mean big savings for Medicare and for seniors.
Even a CMS Medicare demonstration--which notoriously does not score
savings for anything--found that people who went through a lifestyle program had the same or lower costs over three years than as Medicare beneficiaries who didn't go through the program.
In times like these, the American people want to know that the Medicare program is going to get their money's worth. The Take Back Your Health Act embraces a pay-for-performance type system. Doctors are paid a bundled payment to encourage efficiency and teamwork, and they are held responsible for their success. If a patient's health status does not improve according to at least two measures, the doctor doesn't get paid. In addition, if a patient goes through the program for diabetes, but still has problems and has to go to the hospital, the lifestyle treatment doctor doesn't get paid.
The last innovation in this program is that it gives individuals a financial incentive for getting healthier. Every person who goes through this treatment program and improves his or her health status gets a one-time $200 reward.
The beauty of this bill is that everyone has skin in the game: the doctor, the patient, and the government. That will be the secret of its success. It is just this kind of innovative program that can be a real game-changer for Medicare and for our entire health care system, by bringing the focus of our health care system back to the basics of making us healthier.
I look forward to working with Chairman Baucus and Senator Grassley on including this bill in health reform. I urge my colleagues to join me as cosponsors on this bill.
Mr. President, I rise today to reintroduce legislation that will increase the trustworthiness of our Nation's mortgage security market by creating the Federal Board of Certification for mortgage…
Mr. President, I rise today to reintroduce legislation that will increase the trustworthiness of our Nation's mortgage security market by creating the Federal Board of Certification for mortgage securities. I would like to thank Senator Cardin for cosponsoring this vital measure.
The necessity of enacting last fall's Troubled Asset Relief Program, along with the collapse of Lehman Brothers,
and the bailouts of American International Group, Fannie Mae, Freddie Mac, and Bear Stearns, combined with the huge losses suffered throughout the financial industry, demonstrates a catastrophic failure to accurately assess the dangers of imprudently made subprime mortgages to the American public and our financial markets. In hindsight, it appears that it was the inability to gauge risk in mortgage-backed securities that caused much of this financial turmoil. For markets to operate properly, it is imperative that they have effective metrics for calculating the level of risk securities pose to investors.
The secondary mortgage market has been a largely unregulated playground where poorly underwritten, low-quality loans were sold as high-quality investment products. Although mortgage-backed securities can be a positive market force, which increases the available pool of credit for borrowers, without an accurate picture of the risk involved in each mortgage security, buyers have no idea whether they are purchasing a high-risk investment or a safe, secure investment. The legislation that I am reintroducing today would work to curb the excesses of the secondary market, combat future attempts at deception, and protect investors by making scrutinized mortgage investments more reliable and trustworthy.
The inability of major corporations to properly assess the risk of the mortgage securities they were trading is a problem whose effects have not been confined to Wall Street. To put it simply: when big banks sneeze, the rest of America gets a cold. This year, more than $1 trillion of the subprime mortgages originated during the housing boom will reset to higher interest rates.
In my home State of Maine, we are struggling with falling home prices and a record number of foreclosures. During the first half of 2009 alone, there were 1,696 filings in Maine, a number putting the State on pace to surpass the 2,851 foreclosure filings registered in 2008. Moreover, some Maine borrowers, with rising monthly payments, are unable to refinance out of their predatory loans. Small business owners, many already hurt by the economic downturn, are also finding credit tight. Finally, despite gains in recent weeks, the poor economic climate caused by the subprime credit crunch has also roiled the stock market, causing Americans to lose billions in their IRAs and retirement funds.
We must address crisis and make sure it never happens again. Turning to specifics, my bill creates the Federal Board of Certification, which would certify that the mortgages within a security instrument meet the underlying standards they claim in regards to documentation, loan to value ratios, debt service to income ratios, and borrowers' credit standards. The purpose of the certification process is to increase the transparency, predictability, and reliability of securitized mortgage products. Certification would aid in creating settled investor expectations and increase transparency by ensuring that the mortgages within a mortgage security conform to the claims made by the mortgage product's sellers.
The proposed Federal Board of Certification would not override any current regulations and would not in any way stifle any attempts by private business to rate mortgage securities. This legislation would, however, create incentives for improving industry rating practices. Open publication of the Board's certification criteria would augment the efforts of private ratings agencies by providing incentives for increased transparency in the ratings process. The Board's certification would also serve as a check on the industry to ensure that ratings agencies carefully scrutinize the content of mortgage products before issuing evaluations of mortgage backed securities.
Significantly, the Federal Board of Certification would also be voluntary and funded by an excise tax. Users could choose to pay the costs for the Board to rate their security, or they could elect not to submit their product to the Board.
We must quickly restore confidence in mortgage securities if we are to stabilize our housing markets. To do so, we must certify the quality and content of our mortgage securities to enable housing markets to generate liquidity and spur lending. This is why it is urgent to create the Federal Board of Certification for mortgage securities. This legislation would create a ``good housekeeping seal of approval'' for the mortgage security industry and certify that the mortgage products are in fact what they claim to be. Accordingly, I call on Congress to take up and pass this commonsense legislation as expeditiously as possible, particularly as part of a comprehensive overhaul of our financial markets that Congress must consider in short order to ensure that the calamitous events of the past year are never again repeated.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, the state of small business lending in the United States is still dire, as was shown during CIT's recent close brush with bankruptcy. One area of lending which has historically helped small firms has been Small Business Administration backed lending, but while the SBA traditionally guarantees $20 billion in loans annually, before the passage of the stimulus, new lending this year was on track to fall below $10 billion. In fact, in the first quarter of fiscal year 2009, the number of SBA 7(a) loans dropped by 57 percent when compared with the first quarter of fiscal year 2008.
Last year, to help address the frozen credit market and the drop in SBA lending I introduced the 10 Steps for a Main Street Economic Recovery Act. Many of the provisions in 10 Steps were included in the American Recovery and Reinvestment Act and several have already been credited with helping to increase SBA volume. These include fee reductions for 7(a) and 504 loans and allowing for the refinancing of 504 loans. To ensure that SBA lending remains a critical source of capital for small businesses, we must continue to bolster this program and help it to evolve and grow.
In order to maintain this momentum we must take steps to further reform and improve SBA-backed lending. The legislation I am introducing, the Next Step, builds on the 10 Steps for a Main Street Economic Recovery Act and makes the SBA's lending programs more vital and responsive to the needs of today's small business borrower.
The Next Step includes provisions that would allow borrowers to take out larger 7(a) and 504 loans up to $5 million. This bill would help satisfy the capital needs of small businesses, looking to start or expand their operations. The bill would also allow for the refinancing of 7(a) loans. Finally, SBA borrowers must have the ability to shop and compare SBA loan rates online. My legislation would establish an online platform through the SBA that would allow borrowers to compare SBA loan rates and make an informed choice, giving borrowers a chance to save time and money.
These targeted reforms included in the Next Step for Main Street Credit Availability Act of 2009 will help bring SBA lending into the future, make the SBA's lending programs competitive with traditional small businesses' borrowing, and help to increase SBA lending volume.
I urge my colleagues to support this critical legislation to help improve small business lending.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, today I introduce the Longline Catcher Processor Subsector Single Cooperative Act. In Washington State, our history is based on a rich maritime tradition that contributes billions of…
Mr. President, today I introduce the Longline Catcher Processor Subsector Single Cooperative Act.
In Washington State, our history is based on a rich maritime tradition that contributes billions of dollars to the state's economy each year. There are 3,000 vessels in Washington's fishing fleet that employ 10,000 fishermen. Seafood processors employ another 3,800 Washingtonians. And fish wholesalers employ an additional 1,000 people.
For many communities along this nation's coastlines, the economy literally ebbs and flows with the tide. It is important to remember that the ocean resources these communities depend on are a public trust and a resource to be both treasured and protected.
As guardians of the ocean and its plentiful resources, it is necessary that we examine all issues of ``ownership'' with care, transparency, and fairness. The issue of fishery cooperatives has proved to be an issue that demands nothing less.
In July of 2008, I chaired a hearing in the Commerce Committee's Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard, examining the impact of fishery management regimes on fishing safety and conservation. Following that hearing and numerous meetings with stakeholders to discuss the policy, safety, economic, and environmental implications of fishing cooperatives, I am here today to introduce the Longline Catcher Processor Subsector Single Cooperative Act, legislation that would allow for the formation of a single fishing cooperative in the Pacific cod catcher processor fleet.
Instead of fishermen racing against each other and the elements to catch as much as they can, this bill would allow the fishermen to bring some sanity back to their livelihoods. Under this legislation, the Pacific cod catcher processor fishery can allocate the catch among their members, putting an end to the very dangerous ``race for fish.''
The cooperative would empower commercial fishermen with the framework and incentives to police themselves while still preserving the crucial regulatory and oversight responsibilities of the federal government and the North Pacific Fishery Management Council.
By adopting this bill, we can improve fishing safety in the Pacific cod catcher processor fishery by putting an end to the ``race for fish.'' Doing so would lessen the fishery's environmental footprint, and give these fishermen the financial certainty that has worked for others across this Nation.
Fishing safety is a real concern that must be addressed at the federal level. In 2006, the Coast Guard reported that in the decade from 1994 to 2004, 1,398 fishing vessels were lost tragic--reminders of what can go wrong at sea.
Most of these fishing-related fatalities occur in the North Pacific, where the fishermen from my home state of Washington make their living. The difficult waters equate to the highest casualty rates in the nation, and highest rates of fatality and injury among fisherman.
But the North Pacific's rough waters are not the only factor these fishermen have to cope with.
It is a tough business--tough for those who work the boats and those who make the business-end decisions. It's a business that is driven by incentives and dangerous conditions that work in tandem to place countless numbers of fishermen at risk.
When things go wrong, it is usually because of failures at multiple levels. You see, it's not always about vessels. Nor is it all about inspections, safety equipment, or training. Fishing safety is closely related to how fisheries are managed and the very foundation fishing has come to be built upon: competition.
Without legislation such as this, the fisheries will continue to operate on a foundation of destructive competition, or a ``race for fish.'' And this race for fish is a very dangerous race.
According to Lieutenant Christopher Woodley, the former fishing Vessel Safety Coordinator of the 13th U.S. Coast Guard District based in Seattle:
This race encourages fishermen to operate in all weather
and sea conditions, to operate without rest, and encourages
risk-taking behaviors.
But we can change that.
By instituting a cooperative style of fishery management through this legislation, we dramatically change the incentives. And by changing the incentives to put a new premium on safety, we can change the way people fish and hopefully prevent future tragedies at sea.
Safety is not the only goal of this legislation. This legislation aims to make environmental and economic improvements to the process of fishing.
By eliminating the ``race for fish,'' as I mentioned before, we effectively slow the pace of fishing meaning commercial fishermen can optimize onboard processing facilities. The result is an increase in the product recovery rate per pound of fish caught, meaning they can use more parts of the fish and make wiser and more efficient use of our precious ocean resources. A slower pace also decreases bycatch and promotes ownership of the fishery, which will facilitate a conservation mindset in the fishermen.
We have once again shifted the incentive from reckless speed to doing things slower, better, smarter, and more environmentally conscious.
Furthermore, the Longline Catcher Processor Subsector Fisheries Cooperative Act means greater job stability for the Pacific cod freezer longliner fleet's workers.
When fishermen no longer race, the fishing season lasts longer. This means more stability and predictability for crew members, and eliminates the boom and bust cycle that often prevails today.
I want to be clear that this bill is not yet a finished product. I welcome comments, suggestions, and criticisms to help make this bill good public policy for everyone involved.
As we discuss issues like safety of our fisherman and environmental implications to our oceans, it's imperative that we commit to an open and transparent process that shines the light of accountability.
Both in fisheries management, fishing safety, and those areas where the two intersect, transparency must be the rule.
We owe it to our coastal communities, our fisherman, and the American public collectively as stewards of one of our greatest public resources--our oceans.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, today I introduced a bill entitled 7th Generation Promise: Indian Youth Suicide Prevention Act, to address the crisis of youth suicide in Indian Country. I introduce this legislation…
Mr. President, today I introduced a bill entitled 7th Generation Promise: Indian Youth Suicide Prevention Act, to address the crisis of youth suicide in Indian Country. I introduce this legislation on behalf of myself and Senators Johanns, Johnson, Udall of New Mexico, Baucus, and Tester, in hopes that it will help provide prevention and intervention services to Native American youth.
Over the past 25 years, youth suicides in Native American communities have reached epidemic levels. Suicide ranks as the second leading cause of death for Native American youth ages 15 to 35--a rate 3.5 times higher than the national average. In fact, adolescent Native American males have the highest suicide rate of any population group in the United States.
Over the years, the Indian Affairs Committee, which I chair, has held a series of hearings on the issue of Indian youth suicide. This past February, the Committee explored the progress made in youth suicide prevention in Indian Country. We heard from agencies and organizations, such as the Indian Health Service and the Substance Abuse and Mental Health Services Administration, SAMHSA, who provide worthy prevention and emergency response services.
During the February hearing, we also heard from a courageous 16-year- old young woman named Dana Lee Jetty who testified about the loss of her 14-year-old sister, Jami Rose Jetty. Her story illustrates the continued need for suicide prevention.
In November 2008, Dana Lee found her beautiful little sister, Jami Rose, hanging in her bedroom, on the Spirit Lake Reservation in North Dakota. Dana and Jami's Mom had done all the right things--noticing Jami was troubled, they took her to the doctor at the Indian Health Service clinic. The doctors dismissed the mom's concern and said Jami was just being a ``typical teenager.'' Dana told me that she believes her sister would be alive if there had been adequate mental health professionals to diagnose and treat Jami's depression. Jami Rose Jetty serves as a tragic example of the inadequate mental health services in Indian Country and why we need legislation like the one I introduced today.
This year, the Standing Rock Sioux Reservation, located in North Dakota and South Dakota, is experiencing epidemic levels of youth suicide. There have already been 10 suicides and an additional 53 attempted suicides. The majority of these suicides have been among tribal members under the age of 24. Clearly, we must do more for the mental health and suicide prevention in our Native American communities across the United States.
The bill I introduced includes three main sections to improve youth suicide prevention services in Indian Country: a youth telemental health demonstration project; language to streamline and improve the process by which Tribes apply for grants through SAMHSA; and encouragement of post-doctoral mental health intern programs in an effort to increase the availability of services in Indian Country.
The Indian Youth Telemental Health Demonstration Project Act has been introduced in previous Congresses. This project would authorize the Secretary of Health and Human Services to carry out a four-year demonstration project for the use of telemental health services in youth suicide prevention, intervention and treatment. Telemental health services refer to those health care services provided from a remote location through technological means. These types of services are especially important in remote, isolated communities like those in my home state of North Dakota where mental health professionals are scarce.
The bill also includes new language to enhance available mental health resources by addressing the many issues and barriers Tribes and tribal organizations face when applying for federal assistance through SAMHSA. For example, this provision requires SAMHSA to monitor the incidence of youth suicide in Indian Country, accept non-electronic grant applications from Tribes, give priority to disadvantaged tribal applicants with high rates of suicide, prohibit cost-sharing requirements, and prevent Tribes and tribal organizations from being required to apply through a state. In addition, this section requires states that apply for a SAMHSA grant using Tribal data to consult with Tribes and include them in any implemented programs.
Lastly, the bill includes encouragement for Tribes to use post- doctoral mental health professionals. Post-doctoral psychology and psychiatry interns are able to see patients and provide mental health services under the supervision of a certified mental health professional. The Veterans Administration is currently utilizing post- doctoral psychology intern programs, which have been successful in expanding the availability of mental health services to veterans. We need to promote innovative programs like this to increase the mental health services available in Indian Country.
The 7th Generation Promise in the bill's title is the Native American concept that we need to consider the impacts of our actions on our descendants seven generations in the future. Suicide is devastating our current generation of Native Americans, and we need to do something to protect them and
our Native Americans seven generations down the road.
I would like to thank Senator Johanns for working with me on this important piece of legislation. Health care, and especially mental health issues, remain a top priority for me as Chairman of the Indian Affairs Committee. I look forward to continuing this important work so that we may stop the high levels of youth suicide and other health disparities among Native Americans.
I would like to end by saying that one youth suicide is one tragedy too many. My hope is that passage of this bill will bring some aid to our Native American communities experiencing this crisis.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, for a child in a developing country, very simple tools, like safe injection technologies for vaccination, can mean the difference between life and death. But the fact is that many…
Mr. President, for a child in a developing country, very simple tools, like safe injection technologies for vaccination, can mean the difference between life and death. But the fact is that many countries are simply unable to afford such critical health technologies. Research has given us many promising early-stage technologies that could make a difference, but tragically, in many cases the promise of such technologies goes unrealized.
I know that it is sometimes tempting to think of global health as a distant goal, far removed from the lives of everyday Americans. But, as the emergence of new pandemic threats such as H1N1 flu reminds us, global health is public health--and it affects Americans right here at home. It is impossible to pick up a paper today, watch TV, or use the internet without realizing that we are more connected than ever before to people around the world.
As I speak with scientists and leaders in my State, they are excited about finding new ways to tackle tough global health problems. I hear the same enthusiasm when I speak with young people who are passionate about helping others. Of course, this growing support for global health can be seen not only in my home state, but throughout our country, in our universities and in community organizations. I know that many of my colleagues in the Senate are dedicated, tireless advocates for global health. Last year, the Congress demonstrated its strong commitment by reauthorizing the President's Emergency Plan for AIDS Relief, PEPFAR, a huge victory for global health and a strong foundation for future efforts.
In May, President Obama announced a new, comprehensive global health strategy, renewing the longstanding U.S. commitment to global health and building on the successes of programs begun during the Bush administration like PEPFAR and the President's Malaria Initiative, programs that have saved countless lives. President Obama has called for us to continue these efforts and to focus on improving the health of mothers and children and strengthening health systems in developing countries.
Developing countries urgently need technologies that will work for their health care systems, technologies that are easy-to-use, culturally appropriate, and above all affordable.
Today I am introducing the 21st Century Global Health Technology Act to support these goals by applying our country's traditional strengths in research, innovation, and entrepreneurship to global health. My bill will encourage the development of appropriate global health technologies by authorizing efforts at the US Agency for International Development, USAID, to make sure that promising health technologies are not left to sit on the shelf, but instead are developed and delivered to those in need.
Developing global health technologies is not easy or glamorous and the financial incentives for business
are few. But for many years, the USAID has supported global health technology development through an innovative model that encourages the public, non-profit, and private sectors to work together.
I urge my colleagues to support this bill because the USAID has a long and inspiring track record of success in technology development. For example, the USAID's HealthTech program meets a wide range of needs from developing tools to rapidly diagnose infectious diseases to designing safe delivery kits that keep mothers and newborns healthy. Working with non-profit and commercial-sector partners, HealthTech has investigated over 100 technologies, licensed or transferred 21 life- saving technologies designed for use in low-resource settings, and moved 10 technologies into global use.
The HealthTech program helps the USAID leverage Federal money to encourage the private sector to become involved in the fight to improve global health. In an average year, HealthTech matches the USAID's funding with cash and in-kind contributions from the private sector. The average ratio of private sector investment to USAID funding in HealthTech-developed technologies that have reached commercialization is about 9 to 1. It's a win-win model that increases the number of affordable global health technologies and provides new opportunities for U.S. companies.
Technology development at the USAID is a smart investment. However, the agency's technology development efforts currently are not authorized, so funding is often uncertain. That uncertainty prevents the USAID from pursuing many promising technologies. My bill will provide $5 million per year over 5 years to support technology development at the USAID--a small, but steady source of funding that will bring greater stability to technology development efforts and encourage more private sector partners to get involved.
Investing in global health technology is the right thing for the U.S., for our companies, for our bright young people who are pursuing careers in global health, and for our security since our well-being is linked to our ability to prevent global pandemics and to reach out to people around the world. But, most importantly, investing in global health and in affordable health technologies will save millions of lives. It is simply the right thing to do.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, today I am reintroducing legislation that seeks to answer a question more and more Americans are asking in light of our economic woes and our struggle toward energy independence: Why…
Mr. President, today I am reintroducing legislation that seeks to answer a question more and more Americans are asking in light of our economic woes and our struggle toward energy independence: Why aren't the oil companies developing 65 million acres, or nearly 75 percent, of land that they are leasing from the U.S. Government? Those same companies and some of my colleagues continue to argue that we need to open more Federal lands to drilling and recently have been insisting on opening up part of the Gulf of Mexico off Florida's coast that Congress agreed to keep closed during debate in 2005 for military and security purposes. I would first like to know why the oil companies are not producing on most of the Federal lands they already have under lease.
Last year, at a Senate Judiciary Committee hearing, I had the chance to ask top oil executives just that question. They couldn't come up with a good explanation. In fact, one of the executives told me that they have the manpower and infrastructure to put all their existing leases of Federal lands into oil production.
I find this troubling. No one is talking about pulling oil out of a hat. But with nearly 75 percent of currently leased Federal lands and waters not producing oil and gas, Congress must insist on some accountability. This is why today I am introducing--along with Senators Dodd and Menendez--the Responsible Federal Oil and Gas Lease Act, also known as ``Use It or Lose It'' legislation. This bill says that if oil and gas companies want to lease additional Federal lands, they must either be producing or diligently developing their existing Federal leases, or they have to first give up those leases. Under my bill, the Department of the Interior is required to establish diligent development benchmarks, which will encourage leaseholders to demonstrate they are taking steps that may lead to oil and gas production. This is a responsible way to increase production and keep the private sector accountable for production of existing Federal resources.
Last fall, the Government Accountability Office issued a report, ``Oil and Gas Leasing: Interior Could Do More to Encourage Diligent Development,'' that looked at whether enough is being done to ensure oil companies are taking steps to develop Federal oil and gas leases. The report found that the Department of the Interior--whose Minerals Management Service manages offshore leases and Bureau of Land Management manages onshore and National Petroleum Reserve leases--lags behind State and private landowner efforts to encourage development of land leased for oil and gas development. The GAO recommends that the Secretary of the Interior ``develop a strategy to evaluate options to encourage faster development of its oil and gas leases.''
Though both MMS and BLM require ``reasonable diligence'' in developing and producing oil and gas on Federal leases, the GAO found that the Interior Department has not clearly defined what activities or timeframes constitute reasonable diligence--something my bill requires the agency to do. Currently, the GAO concludes that leaseholders, in general, are not required to take actions to develop a
lease during the primary term. The only specific diligent development requirement that Interior officials identified to the GAO applies only to lessees of 8-year leases in the Gulf of Mexico and requires drilling to occur before the end of the fifth year or else the lease terminates. However, these leases represent less than 1 percent of the total lease universe.
In addition to the GAO evaluation, the Department of the Interior's Office of the Inspector General issued a report in February 2009 on its investigation of whether oil and gas companies were adequately developing Federal leases and whether the Department of the Interior was ensuring companies bring their leases into production. The inspector general concluded that, while there is no guarantee that a particular lease contains oil and gas in commercial quantities, there are no requirements to ensure lessees are taking steps to reach this conclusion and to ensure the development of leases capable of production. Specifically, the inspector general found there are no requirements for the Department to monitor production progress or compel companies to develop leases and there is no requirement to detail activity on nonproducing leases. My bill will ensure the Federal Government develops diligent development requirements for oil and gas leases.
With over 100 billion barrels of oil under Federal lands and waters that are being leased or are available for leasing, Congress must properly encourage their development. This won't solve our energy problems--the unfortunate truth is that in today's global market, gas prices are dictated less by our domestic production and more by OPEC's actions. Nevertheless, Congress must ensure appropriate oversight of our Federally leased lands and waters, as we simultaneously reduce our dependence on foreign oil through continuing to be a world leader in oil and gas production, decreasing our demand of oil and gas since we are the No. 1 consumer of both in the world, and pursuing alternative energy sources especially in the transportation sector.
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Mr. President, today I am pleased to introduce the Thermal Energy Efficiency Act, which I believe can play an important role in moving our Nation toward green job creation and greenhouse gas…
Mr. President, today I am pleased to introduce the Thermal Energy Efficiency Act, which I believe can play an important role in moving our Nation toward green job creation and greenhouse gas emissions reductions. I thank Senator Merkley for being an original cosponsor on this bill. I also thank the International District Energy Association, the Biomass Energy Resource Center, the American Council for an Energy-Efficient Economy, Sustainable Northwest, and the U.S. Clean Heat and Power Association for working with us to ensure that as we consider comprehensive global warming legislation, we do not forget about energy efficiency and thermal energy.
This legislation addresses two ways of producing and distributing thermal energy, which is a technical term for heat. The legislation focuses on combined heat and power and district energy. Combined heat and power is simple to understand and has great capacity to transform our use of energy and increase large-scale efficiency. It is a fully developed technology, and there is nothing experimental about it. Combined heat and power means that one source of energy can produce electricity and then capture and use the resulting heat for a second purpose: heating homes, schools, offices, and factories. Combined heat and power gets both heat and power from one energy source and can work with fossil fuels or biomass or even waste. Combined heat and power can offer huge efficiency gains and lower carbon footprints for our powerplants.
District energy can be used together with combined heat and power, or separate from it, in systems designed purely for heating. What district energy does is use heat not just for one building or location but for multiple locations. Just as homes or businesses share electric lines or telephone lines, they can also share a heat source. And sharing a heat source can often be a major source of efficiency.
For too long, Federal energy policy has not focused enough on thermal energy or energy efficiency. We know we can do more. According to the Department of Energy, combined heat and power represents roughly 9 percent of our existing electric power capacity today, but if we moved to 20 percent by 2030, we could avoid 60 percent of the projected growth in carbon dioxide emissions in this country, equivalent to taking more than half of the current passenger vehicles off the road in the United States. Additionally, we could create 1 million new jobs and generate $234 billion in new investments.
We are talking about real technology that is deployable today. In Copenhagen, district energy provides clean heating to 97 percent of the city. In our own country, in St. Paul, MN, district energy and combined heat and power provide 65 megawatts of thermal energy and 25 megawatts of electricity from renewable urban wood waste. Jamestown, NY, started their district heating project in 1981, and today the system provides 16 megawatts of thermal energy heating. Jamestown's public school district uses district energy and has saved more than 16 percent of their energy use over a 30-month period and saved more than $500,000 dollars for taxpayers in the process.
We have opportunities to expand this technology all around our Nation. For example, in my home State of Vermont, several of our cities and towns are looking at district energy. In Burlington, VT, we have 50 megawatt powerplant that uses wood chips and wood waste for power. Yet approximately 60 percent of the energy produced by this plant is lost as wasted heat. This is typical of many conventional power plants. If Burlington implemented a district energy system it could use the wasted thermal energy to heat and cool many buildings downtown. The hurdle for Burlington, and many cities and towns, is the upfront capital investment required to build a district energy system.
That is why today I am introducing the Thermal Energy Efficiency Act. We need a stable, long-term funding source for district energy and combined heat and power. This bill would use 2 percent of the revenues derived from auctioning emissions permits under global warming legislation to support hospitals, cities and towns, schools and universities, businesses and industries, and even Federal facilities and military bases as they implement efficient thermal energy systems.
This bill would recognize the important role that efficiency and thermal energy can play in helping our Nation meet our energy security, emissions reduction, and economic goals. As a member of both the Energy and Natural Resources Committee and the Environment and Public Works Committee, I look forward to working with my colleagues to ensure that combined heat and power and district energy are included in comprehensive energy and global warming legislation.
Mr. President, I rise to discuss the Gold Hill-Wakamatsu Preservation Act. This legislation would authorize the Bureau of Land Management to acquire and manage the Gold Hill Ranch near Coloma,…
Mr. President, I rise to discuss the Gold Hill-Wakamatsu Preservation Act. This legislation would authorize the Bureau of Land Management to acquire and manage the Gold Hill Ranch near Coloma, California. This site was the location of the Wakamatsu Tea and Silk Colony from 1869 to 1871, recognized by the State of California and Japanese American Citizens League as the first Japanese settlement in the United States.
After Commodore William Perry opened Japanese ports to U.S. trade, the weakness of Japan's shoguns was exposed, leading to a revolution and return to imperial rule under the Meiji emperor. In 1869, seven Japanese individuals and a European expatriate fled the turmoil in Japan and sailed across the Pacific to San Francisco aboard a side wheeler called the ``China.'' The group made their way eastwards and purchased land in Gold Hill. Within 2 years, the colony grew to 22 Japanese settlers and began producing traditional Japanese crops such as tea, silk, rice, and bamboo. The Japanese colonists and surrounding community
learned about each others' culture and agricultural techniques. Local and San Francisco newspapers wrote about the colony, and the settlers began to receive acceptance in American society.
Unfortunately, the colony was short-lived--drought and financial problems forced the group to disperse and settle throughout California beginning in 1871. The Veerkamp family, which owned neighboring lands, purchased the property in 1875. Despite the short history of the colony, it was an important milestone that helped bridge Japanese and American cultures and paved the way for large-scale emigration of Japanese settlers to the United States. It also contributed to major Japanese influences on the agricultural economy of California.
Many of the original structures on the site remain intact, including a farmhouse, the grave of a young girl named Okei, numerous artifacts, and agricultural plantings. Japanese-Americans and other visitors come to see the site and place offerings on Okei's grave. As a testament to the cultural exchanges that occurred at this site, the Gold Trail Middle School, located on an in-holding carved out of this site, now maintains an exchange program with a sister school in Wakamatsu, Japan. Governor Reagan recognized the property as a State historic site in 1969, and the site is currently being considered for listing on the National Register of Historic Places.
The 272-acre ranch encompassing the original colony site has been passed down for generations through the Veerkamp family. Thanks to the hard work of the American River Conservancy and Wakamatsu Gold Hill Colony Foundation as well as the generous accommodation of the Veerkamp family, the site has been preserved for visitors to come and learn about the history of the Wakamatsu colonists and Japanese-American culture. The site provides multiple other benefits, including wildlife habitat, open space with hiking trails and picnic areas, and grazing and pastureland. The family and non-profit partners agree that federal acquisition would help guarantee that the site's cultural history, agricultural character, and open space are permanently preserved for generations to come. The Bureau of Land Management is well-suited to manage this site since it has an excellent relationship with the local community and manages several other sites nearby.
This project is supported by the Japanese American Citizens League, the National Japanese American Historical Society, the Consul General of Japan, the Governor of Fukishima Prefecture and the Mayor of Wakamatsu in Japan, People-to-People International, the El Dorado County Board of Supervisors, the El Dorado County Chamber of Commerce, numerous elected officials including Assemblyman Ted Gaines, who represents this district, and numerous other members of the local community.
The significance of this site for Japanese Americans has been compared to the significance of the Mayflower journey and Plymouth Rock landing for European Americans. This site is testament to Japanese history, California's agricultural economy, and the American tradition of bringing together people of diverse cultures in the common pursuit of freedom and prosperity. I look forward to working with my Senate colleagues to move this legislation and preserve the story of the Wakamatsu colonists for future generations.
Mr. President, our national energy situation continues to deteriorate. Volatile petroleum and gasoline prices threaten our economy, and our oil imports are responsible for an incredibly large wealth…
Mr. President, our national energy situation continues to deteriorate. Volatile petroleum and gasoline prices threaten our economy, and our oil imports are responsible for an incredibly large wealth transfer
from America to global oil producers. Our most immediate and visible energy challenge is our dependence on petroleum-derived fuels for transportation, but we also face the need to reduce the greenhouse gases that result principally from fossil fuel production and use. Because our global warming challenge is fundamentally linked to our energy systems, their resolution has a common strategy--to transform our energy sector to one far less dependent on fossil fuels and far more reliant on energy efficiency and domestic renewable energy supplies. This energy transformation strategy also represents a crucial economic recovery and development opportunity because millions of jobs will be created as we carry out this strategy.
Americans recognize the magnitude and the urgency of our energy challenges. They rightfully expect us to adopt policies to move this energy transition forward. In particular, we need to reduce dependence on oil in transportation, and we have broad agreement on two fundamental approaches--increasing efficiency of vehicles and increasing use of alternative fuels. We mandated more efficient vehicles by passing the Energy Independence and Security Act of 2007, EISA. That bill also mandates a brisk expansion of biofuels production under the renewable fuels standard. However, we also need to expand the number of vehicles that can use these alternative fuels and the number of filling stations selling these biofuels.
Today I am joined by my esteemed colleague, Senator Lugar of Indiana, in introducing the Consumer Fuels and Vehicles Choice Act of 2009. This bill will expand the number of alternative fuel automobiles at a rapid pace while not imposing undue production cost challenges for our auto manufacturers. It calls for 50 percent of all automobiles manufactured for sale in the United States to be dual-fuel automobiles by 2011. It increases that to 90 percent of all automobiles manufactured for U.S. sales by 2013. These requirements are reasonable because it is known that gasoline automobiles require relatively minor changes in fuel system designs to be able to use blends of gasoline and ethanol which qualify them for dual fuel designation.
This bill also requires that major fuel distributors install blender pumps in increasing numbers of the retail fueling stations carrying their brand name. These blender pumps will be capable of dispensing ethanol and gasoline blends ranging from 0 percent ethanol to 85 percent ethanol. This flexibility in blend choice is expected to be attractive to consumers, including those who want to use regular gasoline for non-automotive engines. This bill also authorizes grants of up to 50 percent of the cost for installing blender pumps and tanks and other infrastructure needed for selling ethanol fuel blends.
Mr. President, the requirements established and assistance authorized in this bill will ensure that the number of dual fuel automobiles and the availability of ethanol fuel blends are expanding apace with the expansion of ethanol production and use in our national fuel supply over the next 15 years and beyond. Taken together, our increasing production of biofuels, our incentives for installation of alternative fuel infrastructure, and this automobile requirement will provide Americans the option of choosing clean, domestically produced fuels for their personal transportation needs in the future. These steps represent critical components in the transition of our energy systems away from fossil and imported fuels toward the benefits of greater reliance on sustainable domestic fuel sources.
Today I urge my Senate colleagues to join us in taking action to boost the transition to a cleaner, more resilient, and more secure energy economy. I urge their support for this bill and its rapid enactment.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, today, I am pleased to introduce the Reserve Officers Association Modernization Act of 2009. I want to thank Senators Chambliss and Pryor for joining me to introduce this legislation.…
Mr. President, today, I am pleased to introduce the Reserve Officers Association Modernization Act of 2009. I want to thank Senators Chambliss and Pryor for joining me to introduce this legislation. As the cochairs of the United States Senate Reserve Caucus, Senators Chambliss and Pryor have worked hard for the brave men and women of the United States Reserves.
Over the past decade, our country has relied on the National Guard and Reserves more than at any other time in recent history. The Guard and Reserves provide an invaluable contribution to our Nation's military, our national security, and disaster relief efforts. In recent years the National Guard and Reserves have demonstrated their position as a keystone to our military operations, particularly in Iraq and Afghanistan, and stepped forward repeatedly to answer the call-to-duty at a tempo not seen in decades. At the same time, the support from the Guard and Reserves for homeland duties has been at an all time high. The Guard and Reserves have provided crucial support to our Governors and States during natural disasters such as the aftermath of Hurricane Katrina. In addition, they have assumed additional roles in homeland security as our country has adopted new policies following the attacks of September 11, 2001. This new era for the Guard and Reserves prompted Congress and the Department of Defense to review many existing and but outdated policies.
The 95-member U.S. Senate National Guard Caucus, which I cochair along with Senator Bond, plays an integral role in the review and implementation of new policies. I have worked closely with groups like the Reserve Officers Association, ROA, to ensure that the National Guard and Reserves have access to more affordable health care, a greater influence in the military, adequate training facilities and supplies, and shorter troop deployments in Iraq and Afghanistan.
Since its founding in 1922, the ROA has worked on behalf of the National Guard and Reserves and their families. For over 85 years, ROA has remained committed to its original mission, to ``support and promote the development and execution of a military policy for the United States that will provide adequate National security.'' The Reserve Officers Association represents the Reserve Components officers for the Army, Air Force, Navy, Marine Corps, Coast Guard, the Air and Army National Guard, Public Health Service, and the officers of the National Oceanic and Atmospheric Administration.
This legislation would update the Reserve Officers Association's Federal Charter to reflect two recent changes in the organization. First, it would add the position of ``president elect'' to its constitution and bylaws. Second, it would expand the ROA from only three national executive committee members to include three representatives from each of the seven branches of the uniformed services. The Reserve Officers Association's charter has not been modified since 1998 and this legislation would update it to correctly reflect the current operation of the organization and enable ROA to continue its good work.
The Reserve Officers Association has provided a voice to the men and women that serve our country in the National Guard and Reserves. I urge Senators on both sides of the aisle to show their support for the brave members of the National Guard and Reserves by enacting this legislation swiftly.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, this morning, 660,000 police officers and 300,000 firefighters across the country will get up and go to work to protect our homes, our families, and our communities. They will go into…
Mr. President, this morning, 660,000 police officers and 300,000 firefighters across the country will get up and go to work to protect our homes, our families, and our communities. They will go into burning buildings, patrol our streets, and put their lives on the line, because they believe in the importance of what they are doing.
These dedicated workers are in the trenches every day making life-or- death decisions, and their experiences give them tremendous knowledge about how to protect our country. We need to listen to their recommendations and consider their advice. Unfortunately, however, all too often, our first responders have no voice in the decisions that affect their lives and their livelihoods. Their input is disregarded because they don't have the same rights as other workers.
Workers in the private sector who want a voice on the job have the right to form and join a union. They can fight for a safer, fairer workplace. But 300,000 police and 70,000 firefighters live in States in which their State governments deny them the fundamental right to a voice on the job. Even if these workers overwhelmingly agree that they want to form and join a union, their State government says they can't have one.
That is not fair. We are asking these workers to do so much for their communities--the least we can do in return is give them a voice at the table in the life-and-death discussions and decisions that affect their families and their futures. They deserve the opportunity to choose for themselves whether they want the advantages that unions bring.
That is why it is an honor to join Senator Gregg and Senator Dodd in sponsoring the Public Safety Employer-Employee Cooperation Act to guarantee that our first responders will have a path they can use to decide if they want a union. If the workers don't want a union, they don't have to follow that path. But the State has to make it available and let the workers choose.
It won't be difficult for States to create this path. All they have to do is provide four basic rights: the right to form and join a union; the right to sit down at the table and talk; the right to sign a contract if both parties agree; and the right to go to a neutral third party when there are disputes.
Apart from these four rights, all the other details of the collective bargaining system are left up to the States. They have the flexibility to decide whether to exempt small communities. They decide how workers can select a union. They can also decide how workers and employers should resolve disputes--through arbitration, mediation, factfinding, or some other mechanism.
This bipartisan bill has been carefully drafted to preserve a balance between the interests of State and local governments and the rights of the workers they employ. It has been the product of years of careful negotiations, including a hearing and two markups in the HELP Committee. It was passed by the House of Representatives in the last Congress with an overwhelming bipartisan margin, including 98 Republican votes. No it is time to get it across the finish line and give our dedicated first responders the fair treatment they deserve. It is a matter of fundamental fairness and an urgent matter of public safety.
I commend Senator Gregg for his leadership on this very important issue, and I urge my colleagues to show these heroes the respect they deserve by supporting the Public Safety Employer-Employee Cooperation Act.
Mr. President, Senator Whitehouse's legislation would help American consumers bring civil claims against foreign manufacturers who produce faulty goods and send them into the U.S. market. Currently,…
Mr. President, Senator Whitehouse's legislation would help American consumers bring civil claims against foreign manufacturers who produce faulty goods and send them into the U.S. market. Currently, it is nearly impossible for harmed American consumers to bring a tort action against foreign manufacturers of products that are flawed or even dangerous. Foreign manufacturers are often difficult to identify or locate and even if found, the process of seeking damages against them is extremely costly and burdensome. Without the threat of litigation, foreign manufacturers have little to no accountability to their American consumers, resulting in lower quality and often defective products. Furthermore, American companies who unknowingly buy shoddy products from foreign manufacturers and then resell them to consumers become the sole defendant in tort cases filed against them when foreign defendants cannot be located. According to the Consumer Product Safety Commission, Chinese manufacturers were responsible for 69 percent of all product recalls in 2007 and 53 percent in 2008. These numbers demonstrate the need for Congress to take action to protect American consumers. Senator Whitehouse's proposal is a positive step in the right direction.
I have witnessed the effects of this problem firsthand in my State. Mr. Chuck Stefan from Alabama testified before the Subcommittee on Administrative Oversight and the Courts, which Senator Whitehouse chairs and I serve as ranking member, about the hardships his business has faced in seeking damages against a foreign manufacturer. Mr. Stefan is a Senior Executive Vice President at the The Mitchell Company, a homebuilder in Alabama, Florida, and Mississippi. Forty-five of the houses he built have been identified as containing a defective type of Chinese sheetrock, which produces corrosive gases. These gases are not merely unpleasant. They damage the copper found in piping and wiring systems. When the problem was first discovered, The Mitchell Company could not even determine who manufactured the drywall as it was only stamped ``made in China.'' When the manufacturing parties were finally identified as both Chinese and German-based, it was a substantial and costly burden to serve them properly even though the companies had extensive operations in the United States. Mr. Stefan emphasized the fact that when foreign manufacturers cannot be held accountable, it hurts his company's bottom line and harms U.S. consumers.
Stores such as Mr. Stefan's are becoming all too common and it is incumbent upon Congress to work towards ameliorating the burdens that U.S. businesses and consumers face when seeking damages against foreign manufacturers. This issue is one that affects consumers nationwide. I am grateful to Senator Whitehouse for taking the initiative to ensure that Congress does its part in solving this problem.
Mr. President, in recent years, consumer credit has gone from providing convenience and short-term financing to a game of tricks and traps that strips families of hard earned resources and locks the…
Mr. President, in recent years, consumer credit has gone from providing convenience and short-term financing to a game of tricks and traps that strips families of hard earned resources and locks the middle class into a vicious cycle of debt. Today, I introduce legislation to end one of those deceptive practices--the unsolicited mailing of ``live'' loan checks.
Deceptive loan checks have afflicted consumers, especially seniors, for far too long. In these schemes, financial institutions send unsuspecting customers checks made out to them for some amount. Customers often assume that their financial institutions have sent refunds or some other business-related sum and unknowingly deposit the checks. However, fine print on these checks actually makes them high- cost loans.
Bank regulators have failed for years to rein in these deceptive products. In Oregon, one of my elderly constituents--a veteran of the Korean war--ended up in a subprime mortgage because he unknowingly deposited a deceptive loan check that he never requested. Sadly, instead of being able to cancel the loan, he was pushed into rolling this unwanted loan into his mortgage, which was then transformed from a safe, fixed rate mortgage that had nearly been paid off, into a brand new, subprime mortgage. As this case shows, deceptive products and practices lead our consumers into dangerous, high cost debt. If individuals wish to take out high cost loans, they should have every right to do so, but financial institutions should make those transactions plain and straightforward, not tricky and deceptive.
To address this situation, I am introducing the Deceptive Loan Check Elimination Act. Under the act, financial institutions would be prohibited from sending a ``live'' loan check unless the consumer requested such a check in writing. Consumers would not be liable for any debt incurred in violation of the act. This common sense solution protects consumers without constricting credit for those who want it. The legislation is endorsed by Consumer Action, Consumers Federation of America, Consumers Union, the National Consumer Law Center, on behalf of its low income clients, and the U.S. Public Interest Research Group.
I am hopeful that the Senate will act quickly to address this problem. In addition, the next step in restoring a fair playing field for working families is to move ahead quickly to create the Consumer Financial Protection Agency, a body with the authority to review and regulate financial tricks and traps like ``live'' loan checks.
I urge my colleagues to join me in this and future efforts to restore honesty and plain dealing to our consumer credit markets.
Mr. Speaker, I move to suspend the rules and pass the bill (S. 1609) to authorize a single fisheries cooperative for the Bering Sea Aleutian Islands longline catcher processor subsector, and for…
Mr. Speaker, I move to suspend the rules and pass the bill (S. 1609) to authorize a single fisheries cooperative for the Bering Sea Aleutian Islands longline catcher processor subsector, and for other purposes.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.
Mr. Speaker, I yield myself such time as I may consume.
The pending legislation, the Catcher Processor Subsector Single Fishery Cooperative Act, was introduced by Senator Cantwell in August 2009. Subsequently, our colleague, Congressman Larsen from the State of Washington, introduced H.R. 3910 as companion legislation.
``Catch shares'' are a fisheries management tool in which the total amount of fishing quota is divided among a group of fishermen. This tool is used to manage several fisheries in waters off of Alaska. However, one particular fishery in this area, the Pacific cod longline catcher processors, is not managed using catch shares. S. 1609 authorizes the Secretary of Commerce to approve this fleet as a cooperative operating a catch share.
I commend our colleague, the gentleman from Washington, Mr. Rick Larsen, for his diligence. He has discussed this with me on numerous occasions and with members of our committee, and I commend his leadership on this legislation. I also recognize the efforts to bring the bill to the floor by my good friend and colleague from Alaska, Mr. Don Young. And I would note this measure is fully supported by the ranking member of our full committee, Doc Hastings of Washington.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield such time as he may consume to the gentleman from Washington (Mr. Larsen).
Mr. Speaker, I yield such time as he may consume to the gentleman from American Samoa (Mr. Faleomavaega).
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, I rise today to speak in favor of S. 1609, the Longline Catcher Processor Subsector Single Fishery Cooperative Act. This bill, introduced by Senator Cantwell of Washington, is a Senate…
Mr. Speaker, I rise today to speak in favor of S. 1609, the Longline Catcher Processor Subsector Single Fishery Cooperative Act. This bill, introduced by Senator Cantwell of Washington, is a Senate companion to H.R. 3910, legislation I introduced in the House, along with Representative Don Young of Alaska. This is a bipartisan effort. It has the support of Representatives Doc Hastings, Dave Reichert and Jay Inslee of Washington State as well.
This bill will further efforts by the North Pacific Fishery Management Council to rationalize the Pacific cod fishery and end the ``race for fish'' in the Bering Sea and Aleutian Islands. This legislation represents an important step in achieving the goals of the Magnuson-Stevens Fishery Conservation and Management Act by enabling
safer, more environmentally sound fishing practices, while also providing much-needed economic stability.
The freezer longline sector of the Pacific cod industry currently operates as a derby-style fishery. Providing the opportunity for participants to transition from this style of fishing to a cooperative model is essential to meeting conservation goals and, most importantly, will significantly improve the safety of life at sea.
In addition, fishery cooperatives provide more economic stability and predictability. They help prevent the types of severe price swings that this fishery experienced last year when the price for Pacific cod was cut in half. This type of instability not only impacts the market and consumers, but threatens the ability for these mostly family-owned businesses to continue fishing. The economic stabilization of the fleet will also allow for new investments in both vessels and equipment and much-needed jobs for shipyards throughout the Puget Sound region.
S. 1609 has broad support within the freezer longline sector, the commercial fishing industry, the State of Alaska, the State of Washington, and the environmental community. So I urge the House to pass this bipartisan bill, S. 1609.
I thank the gentleman for yielding. I rise in strong support of H.R. 3910, the companion legislation to S. 1609. This is a very important bill to the State of Alaska and the State of Washington. I…
I thank the gentleman for yielding.
I rise in strong support of H.R. 3910, the companion legislation to S. 1609. This is a very important bill to the State of Alaska and the State of Washington.
I would like to compliment my friend, Mr. Larsen, for his work on this legislation.
I was originally a cosponsor of this. This is a much-needed bill for the management of fish in Alaska as well as in the State of Washington, where most of my fishermen do come from.
I would also like to thank Steny Hoyer, the majority leader, for bringing this bill to the floor and making sure it becomes a reality.
This is a bill that was strongly supported by the whole delegations from the State of Washington and from the State of Alaska, Senators as well as House Members. There was no objection to this legislation. It is an example of how we can work together on an issue that affects both areas. It is really much sought for by the industry itself. And I want to compliment everybody that worked on this legislation.
Again, I want to thank the distinguished gentleman from West Virginia, the chairman of our committee, and my good friend from Utah on the other side of the aisle for their management and support of…
Again, I want to thank the distinguished gentleman from West Virginia, the chairman of our committee, and my good friend from Utah on the other side of the aisle for their management and support of this legislation.
Mr. Speaker, I want to associate myself with the statement made earlier by the chief sponsor of this legislation, my good friend, the gentleman from Washington. I know a little bit about the industry of fishing. This is certainly important for the gentleman's district and the Members who are affected from the great State of Washington.
I urge my colleagues to support this proposed legislation.
Bill Text
6 versions available
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1609 Enrolled Bill (ENR)]
S.1609
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To authorize a single fisheries cooperative for the Bering Sea Aleutian
Islands longline catcher processor subsector, 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 ``Longline Catcher Processor Subsector
Single Fishery Cooperative Act''.
SEC. 2. AUTHORITY TO APPROVE AND IMPLEMENT A SINGLE FISHERY COOPERATIVE
FOR THE LONGLINE CATCHER PROCESSOR SUBSECTOR IN THE BSAI.
(a) In General.--Upon the request of eligible members of the
longline catcher processor subsector holding at least 80 percent of the
licenses issued for that subsector, the Secretary is authorized to
approve a single fishery cooperative for the longline catcher processor
subsector in the BSAI.
(b) Limitation.--A single fishery cooperative approved under this
section shall include a limitation prohibiting any eligible member from
harvesting a total of more than 20 percent of the Pacific cod available
to be harvested in the longline catcher processor subsector, the
violation of which is subject to the penalties, sanctions, and
forfeitures under section 308 of the Magnuson-Stevens Act (16 U.S.C.
1858), except that such limitation shall not apply to harvest amounts
from quota assigned explicitly to a CDQ group as part of a CDQ
allocation to an entity established by section 305(i) of the Magnuson-
Stevens Act (16 U.S.C. 1855(i)).
(c) Contract Submission and Review.--The longline catcher processor
subsector shall submit to the Secretary--
(1) not later than November 1 of each year, a contract to
implement a single fishery cooperative approved under this section
for the following calendar year; and
(2) not later than 60 days prior to the commencement of fishing
under the single fishery cooperative, any interim modifications to
the contract submitted under paragraph (1).
(d) Department of Justice Review.--Not later than November 1 before
the first year of fishing under a single fishery cooperative approved
under this section, the longline catcher processor sector shall submit
to the Secretary a copy of a letter from a party to the contract under
subsection (c)(1) requesting a business review letter from the Attorney
General and any response to such request.
(e) Implementation.--The Secretary shall implement a single fishery
cooperative approved under this section not later than 2 years after
receiving a request under subsection (a).
(f) Status Quo Fishery.--If the longline catcher processor
subsector does not submit a contract to the Secretary under subsection
(c) then the longline catcher processor subsector in the BSAI shall
operate as a limited access fishery for the following year subject to
the license limitation program in effect for the longline catcher
processor subsector on the date of enactment of this Act or any
subsequent modifications to the license limitation program recommended
by the Council and approved by the Secretary.
SEC. 3. HARVEST AND PROHIBITED SPECIES ALLOCATIONS TO A SINGLE FISHERY
COOPERATIVE FOR THE LONGLINE CATCHER PROCESSOR SUBSECTOR
IN THE BSAI.
A single fishery cooperative approved under section 2 may, on an
annual basis, collectively--
(1) harvest the total amount of BSAI Pacific cod total
allowable catch, less any amount allocated to the longline catcher
processor subsector non-cooperative limited access fishery;
(2) utilize the total amount of BSAI Pacific cod prohibited
species catch allocation, less any amount allocated to a longline
catcher processor subsector non-cooperative limited access fishery;
and
(3) harvest any reallocation of Pacific cod to the longline
catcher processor subsector during a fishing year by the Secretary.
SEC. 4. LONGLINE CATCHER PROCESSOR SUBSECTOR NON-COOPERATIVE LIMITED
ACCESS FISHERY.
(a) In General.--An eligible member that elects not to participate
in a single fishery cooperative approved under section 2 shall operate
in a non-cooperative limited access fishery subject to the license
limitation program in effect for the longline catcher processor
subsector on the date of enactment of this Act or any subsequent
modifications to the license limitation program recommended by the
Council and approved by the Secretary.
(b) Harvest and Prohibited Species Allocations.--Eligible members
operating in a non-cooperative limited access fishery under this
section may collectively--
(1) harvest the percentage of BSAI Pacific cod total allowable
catch equal to the combined average percentage of the BSAI Pacific
cod harvest allocated to the longline catcher processor sector and
retained by the vessel or vessels designated on the eligible
members license limitation program license or licenses for 2006,
2007, and 2008, according to the catch accounting system data used
to establish total catch; and
(2) utilize the percentage of BSAI Pacific cod prohibited
species catch allocation equal to the percentage calculated under
paragraph (1).
SEC. 5. AUTHORITY OF THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL.
(a) In General.--Nothing in this Act shall supersede the authority
of the Council to recommend for approval by the Secretary such
conservation and management measures, in accordance with the Magnuson-
Stevens Act (16 U.S.C. 1801 et seq.) as it considers necessary to
ensure that this Act does not diminish the effectiveness of fishery
management in the BSAI or the Gulf of Alaska Pacific cod fishery.
(b) Limitations.--
(1) Notwithstanding the authority provided to the Council under
this section, the Council is prohibited from altering or otherwise
modifying--
(A) the methodology established under section 3 for
allocating the BSAI Pacific cod total allowable catch and BSAI
Pacific cod prohibited species catch allocation to a single
fishery cooperative approved under this Act; or
(B) the methodology established under section 4 of this Act
for allocating the BSAI Pacific cod total allowable catch and
BSAI Pacific cod prohibited species catch allocation to the
non-cooperative limited access fishery.
(2) No sooner than 7 years after approval of a single fisheries
cooperative under section 2 of this Act, the Council may modify the
harvest limitation established under section 2(b) if such
modification does not negatively impact any eligible member of the
longline catcher processor subsector.
(c) Protections for the Gulf of Alaska Pacific Cod Fishery.--The
Council may recommend for approval by the Secretary such harvest
limitations of Pacific cod by the longline catcher processor subsector
in the Western Gulf of Alaska and the Central Gulf of Alaska as may be
necessary to protect coastal communities and other Gulf of Alaska
participants from potential competitive advantages provided to the
longline catcher processor subsector by this Act.
SEC. 6. RELATIONSHIP TO THE MAGNUSON-STEVENS ACT.
(a) In General.--Consistent with section 301(a) of the Magnuson-
Stevens Act (16 U.S.C. 1851(a)), a single fishery cooperative approved
under section 2 of this Act is intended to enhance conservation and
sustainable fishery management, reduce and minimize bycatch, promote
social and economic benefits, and improve the vessel safety of the
longline catcher processor subsector in the BSAI.
(b) Transition Rule.--A single fishery cooperative approved under
section 2 of this Act is deemed to meet the requirements of section
303A(i) of the Magnuson-Stevens Act (16 U.S.C. 1853a(i)) as if it had
been approved by the Secretary within 6 months after the date of
enactment of the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006, unless the Secretary makes a
determination, within 30 days after the date of enactment of this Act,
that application of section 303A(i) of the Magnuson-Stevens Act to the
cooperative approved under section 2 of this Act would be inconsistent
with the purposes for which section 303A was added to the Magnuson-
Stevens Act.
(c) Cost Recovery.--Consistent with section 304(d)(2) of the
Magnuson-Stevens Act (16 U.S.C. 1854(d)(2)), the Secretary is
authorized to recover reasonable costs to administer a single fishery
cooperative approved under section 2 of this Act.
SEC. 7. COMMUNITY DEVELOPMENT QUOTA PROGRAM.
Nothing in this Act shall affect the western Alaska community
development program established by section 305(i) of the Magnuson-
Stevens Act (16 U.S.C. 1855(i)), including the allocation of fishery
resources in the directed Pacific cod fishery.
SEC. 8. DEFINITIONS.
In this Act:
(1) BSAI.--The term ``BSAI'' has the meaning given that term in
section 219(a)(2) of the Department of Commerce and Related
Agencies Appropriations Act, 2005 (Public Law 108-447; 118 Stat.
2886).
(2) BSAI pacific cod total allowable catch.--The term ``BSAI
Pacific cod total allowable catch'' means the Pacific cod total
allowable catch for the directed longline catcher processor
subsector in the BSAI as established on an annual basis by the
Council and approved by the Secretary.
(3) BSAI pacific cod prohibited species catch allocation.--The
term ``BSAI Pacific cod prohibited species catch allocation'' means
the prohibited species catch allocation for the directed longline
catcher processor subsector in the BSAI as established on an annual
basis by the Council and approved by the Secretary.
(4) Council.--The term ``Council'' means the North Pacific
Fishery Management Council established under section 302(a)(1)(G)
of the Magnuson-Stevens Act (16 U.S.C. 1852(a)(1)(G)).
(5) Eligible member.--The term ``eligible member'' means a
holder of a license limitation program license, or licenses,
eligible to participate in the longline catcher processor
subsector.
(6) Gulf of alaska.--The term ``Gulf of Alaska'' means that
portion of the Exclusive Economic Zone contained in Statistical
Areas 610, 620, and 630.
(7) Longline catcher processor subsector.--The term ``longline
catcher processor subsector'' has the meaning given that term in
section 219(a)(6) of the Department of Commerce and Related
Agencies Appropriations Act, 2005 (Public Law 108-447; 118 Stat.
2886).
(8) Magnuson-stevens act.--The term ``Magnuson-Stevens Act''
means the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.).
(9) Secretary.--The term ``Secretary'' means the Secretary of
Commerce.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.