Bank On Our Communities Act of 2009

Mr. President I rise to introduce a bill that would improve the Federal Government's efforts to become more energy efficient and ensure accountability within executive branch agencies for meeting energy efficiency targets. The legislation would also amend Federal contracting rules to encourage energy efficiency across the Federal, State, and local governments by making energy-saving technologies more widely available and at lower costs to taxpayers. I am pleased to be joined by Senators Lieberman and Carper on this important bill.

As the largest institutional user of energy in the world, the Federal Government has ample opportunity to implement energy efficiency policies and technologies. According to the U.S. Department of Energy's Federal Energy Management Program, the Federal Government consumes 1.6 percent of the Nation's total energy--about $17.5 billion in annual energy costs. Electricity at Federal buildings accounts for almost half of this usage.

Improving energy efficiency is not only good for the environment; it can also produce savings for taxpayers.

Agencies that have been more aggressive in implementing energy savings initiatives and have fully complied with existing laws and regulations have also enjoyed significant cost savings. For example, two of the Department of Energy laboratories have developed environmental management systems, which have shown a total of $16.6 million in cost savings and avoidance within a 4-year period. Environmental management systems are a strategic approach to ensuring that an organization's environmental priorities are integrated into operational, planning, and management decisions. The systems these laboratories developed emphasized achieving full compliance, pollution prevention, and effective and focused communications and community outreach.

Over the last few decades, more than a dozen laws, regulations, and Executive Orders have been implemented to encourage energy efficiency and reduce environmental impacts of government operations. Unfortunately, agencies have been inconsistent and sporadic in meeting their environmental goals. The lack of a unified effort and accountability with agencies has undermined the good intentions of these policies.

A great variance exists across the government, both in terms of compliance with energy efficiency laws and regulations, as well as with initiatives individual agencies have developed to reduce energy usage.

Agencies should explore diverse and innovative ways to save money by decreasing energy consumption, as well as have greater incentives to undertake initiatives to meet energy reduction mandates.

The Obama administration issued an Executive Order earlier this month, which makes strides in establishing a more integrated strategy toward sustainability and energy efficiency.

This Executive Order, however, does not go far enough in providing agency officials with the authority and accountability necessary to enforce applicable efficiency mandates. The Executive Order directs each agency head to designate an ``Agency Senior Sustainability Officer'' from among the agency's senior management officials. This position is too similar to the agency environmental executives created by Executive Order in 2007, which did very little to improve agencies' compliance with applicable laws.

Our legislation, however, would create a Chief Conservation Officer within each agency. The officer would be drawn from career Senior Executives. These officers will help spur long-term leadership on this issue.

In contrast to the Executive Order, implementing energy efficiency and sustainability policies would also be the primary responsibility of this individual. Dedicating a senior-level career official to energy efficiency policy would improve the government's focus on implementation of existing laws and policies, enhance innovation, and help identify future initiatives.

The Chief Conservation Officer would also be responsible for incorporating environmental considerations into agency procurement practices. This involvement will encourage efficiency improvements in the agency's procurement of goods and services.

To improve the availability of efficiency technologies and help lower their costs, the bill would make several improvements in government procurement policies.

Specifically, the bill would allow state and local government to purchase ``green'' commodities and services off the General Services Administration Schedule. This procurement authority would help State and local governments reduce the administrative costs of negotiating their own contracts and would increase competition and lower costs. Federal agencies should also reap the benefits of this program as more goods and services become available at reduced costs.

Participation in the program would be voluntary for State and local governments, as well as vendors. The proposal would also provide small businesses with ``green'' products more efficient access to State and local markets, markets that geography and cost might otherwise foreclose. For comparison sake, 80 percent of GSA Schedule contracts are with small businesses.

Over the next 5 years, the legislation would also allow agencies to enter into power purchase agreements for electricity produced by renewable energy

sources. These agreements could last not more than 20 years and agencies would need to assess that the agreement would be cost effective before entering into them.

We know from examples such as the solar power system at Nellis Air Force Base what a well-designed public-private partnership can accomplish, if executed correctly. This project cost the Air Force less than $100,000 in capital costs, yet saved the government more than $1.2 million in its first year of operation by supplying \1/4\ of the total power used at the base, where 12,000 people live and work. Additionally, the project is expected to reduce carbon emissions by 24,000 tons annually.

Finally, the bill would expand the definition of renewable energy in Federal purchase requirements beyond electricity. Under the current definition, agencies cannot take advantage of ``green'' technologies like geothermal energy because geo-thermal energy is not considered electric.

By promoting accountability for meeting existing energy efficiency mandates and by encouraging initiatives to decrease energy usage and spur innovation, this bill would help ``green'' our federal operations. The associated savings should improve our government's bottom line--to the benefit of taxpayers.

Mr. President, today I am introducing the Clean Cruise Ship Act of 2009. This bill would address a serious and growing threat to U.S. waters by placing limits on the dumping of wastewater by cruise ships. Cruise ships generate millions of gallons of wastewater every day--much of it vile sewage. These ships can directly dump their waste into the oceans with minimal oversight.

This bill would require cruise ships to obtain permits through EPA's National Pollutant Discharge Elimination System in order to discharge sewage, graywater, and bilge water. It also would require cruise ships to upgrade their wastewater treatment systems to meet the standards of today's best available technology. This technology significantly reduces the pollutants that ships discharge and is already being used successfully on cruise ships in Alaska, thanks to that state's forward- thinking regulations.

The problem is real. The number of cruise ship passengers has been growing nearly twice as fast as any other mode of travel. In the U.S. alone the numbers are approaching ten million passengers a year, with some ships carrying 3,000 or more passengers. These ships produce massive amounts of waste: one ship can produce over 200,000 gallons of sewage each week; a million gallons of graywater from kitchens, laundry, and showers; and over 25,000 gallons of oily bilge water that collects in ship bottoms.

I have nothing against cruise vacations. They can be a wonderful way to visit beautiful places. What my bill proposes to do is change the way the cruise ships manage the removal of waste. Here is the unpleasant reality. Within three miles of shore, vessels can discharge human body wastes and other toilet waste provided that a ``marine sanitation device'' is installed. The Environmental Protection Agency released a report in December of 2008, however, that concluded that these systems simply don't work. These sewage treatment devices leave discharges that consistently exceed national effluent standards for fecal coliform and other pathogens and pollutants. In fact, fecal coliform levels in effluent are typically 20 to 200 times greater than in untreated domestic wastewater.

Beyond three miles from shore there are no restrictions on sewage discharge. Cruise ships can directly dump raw sewage into U.S. waters.

The situation with cruise ship graywater also requires attention. While cruise ships must obtain permits to discharge graywater within three miles of the coast, there is still a pollution issue. Graywater from sinks, tubs, and kitchens contains large amounts of pathogens and pollutants. Fecal coliform concentrations, for example, are 10 to 1000 times greater than those in untreated domestic wastewater. These pollutants sicken our marine ecosystems, wash up onto our beaches, and contaminate food and shellfish that end up on our dinner plates.

Beyond 3 miles from shore there are no restrictions on graywater discharge. Cruise ships can directly dump graywater into U.S. waters.

Following the lead of Alaska, the Clean Cruise Ship Act seeks to address these oversights. No discharges would be allowed within twelve miles of shore. Beyond twelve miles, discharges of sewage, graywater, and bilge water would be allowed, provided that they meet national effluent limits consistent with the best available technology. That technology works and is commercially available now. The recent Environmental Protection Agency study found that these ``advanced wastewater treatment'' systems effectively remove pathogens, suspended solids, metals, and oil and grease.

Under this legislation, the release of raw, untreated sewage would be banned. No dumping of sewage sludge and incinerator ash would be allowed in U.S. waters. All cruise ships calling on U.S. ports would have to dispose of hazardous waste in accordance with the Resource Conservation and Recovery Act. The bill would establish inspection and enforcement mechanisms to ensure compliance.

The protection of U.S. waters is vital to our Nation's health and economy. The oceans not only support the life of nearly 50 percent of all species on Earth, but they also provide 20 percent of the animal protein and 5 percent of the total protein in the human diet.

Some cruise ship companies already are trying to improve their environmental footprint. They also want to preserve the environment that attracts their passengers. But the efforts between cruise ship companies are not uniform. A Federal standard would apply one set of requirements to all companies.

It is time to bring the cruise ship industry into the 21st century. It is time to update the laws that protect our oceans, and urge adoption of the best available wastewater treatment technology at sea.

Working together, we can support the industry while protecting the natural treasures that are our oceans. I think the approach taken in the Clean Cruise Ship Act will achieve that goal. I encourage my colleagues here in the Senate to work with me to pass legislation that will put a stop to the dumping of hazardous pollutants along our coasts. Together we can clean up this major source of pollution that is harming our waters.

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

Mr. President, today I introduce the Pet Safety and Protection Act of 2009. The legislation amends the Animal Welfare Act to ensure that all companion animals such as dogs and cats used by research facilities are obtained legally. I am pleased to be joined by a number of my colleagues, serving as cosponsors of the legislation including Senator Susan Collins, Senator Frank Lautenberg, Senator Carl Levin, and Senator Robert Menendez.

More than 40 years ago, Congress passed the Animal Welfare Act, AWA, to stop the mistreatment of animals and to prevent the unintentional sale of family pets for laboratory experiments. While the AWA has helped to safeguard animals across the country, we still find that the Act does not adequately provide pets and pet owners with reliable protection against the action of some unethical Class B dealers. Of the eleven Class B dealers licensed by the Department of Agriculture, USDA, to sell live dogs and cats for experimentation, one has been issued to a 5-year license suspension. and seven others are under investigation for apparent violations of the AWA.

Despite new enforcement guidelines and intensified inspection efforts by USDA, it is nearly impossible to assure that stolen or lost pets will not enter research laboratories via the Class B dealer system. Each year, hundreds of thousands of dollars are spent on regulating Class B dealers. Enactment of the Pet Safety and Protection Act helps reduce the Department of Agriculture's regulatory burden by allowing the Department to use its resources more efficiently and effectively. In order to combat any future violations of the AWA, this bill increases the penalties under the Act to a minimum of $1,000 per violation, in addition to any other existing penalties.

My legislation promotes humane treatment of animals and preserves the integrity of research laboratories to obtain animals from legitimate sources, while complying with the AWA. Such legitimate sources include USDA-licensed Class A dealers or breeders; municipal pounds that choose to release dogs and cats for research purposes; legitimate pet owners who want to donate their animals to research; and private and Federal facilities that breed their own animals. These four sources are capable of supplying millions of animals for research, far more cats and dogs than are required by current laboratory demand.

A May 2009 study conducted by the National Academies, ``Scientific and Humane Issues in the Use of Random Source Dogs and Cats in Research'' found that while some random-source dogs and cats may be necessary and desirable for research that is funded by the National Institute of Health, NIH, Class B dealers are not necessary to supply such animals for NIH funded research. Further this report makes clear that there are sufficient, alternative sources to acquire animals with characteristics similar to animals provided by Class B dealers. As there are legitimate sources of such animals, the report leave little doubt that Class B dealers are no longer necessary.

In light of this recent report, this bill is an appropriate and feasible action, as alternatives to Class B dealers do exist to meet research needs. This bill does not address the larger issue of whether animals should or should not be used in research facilities. In fact, this bill does not impair or impede research. Medical research is one of our primary tools in the discovery of new drugs and surgical techniques that help develop cures for life-threatening diseases and animal research has been, and continues to be, a fundamental part of scientific advancements. Instead, this legislation targets the unethical practice of selling stolen pets and stray animals to research facilities by ending the fraudulent practices of Class B dealers, as well as the unnecessary suffering of animals in their care. I urge my colleagues to support this important legislation.

Mr. President, I ask unanimous consent that a letter of support be printed in the Record.

Mr. President, today I am proud to join Senators Kohl, Mikulski, and LeMieux to introduce the Elder Abuse Victims Act of 2009, a bill to protect older Americans from abuse and exploitation. It is clear that we are not doing enough to combat crime against seniors, and the Elder Abuse Victims Act will give us important tools to better prevent and punish this deplorable behavior.

I have long fought to improve and protect the lives of older Americans. In 2000, I joined Senator Bayh in sponsoring the Protecting Seniors from Fraud Act, which was signed into law nearly nine years ago today. A key provision that I worked to incorporate into that legislation required the Attorney General to conduct a study of crime against seniors and to include specific information about crimes that disproportionately affect seniors in the National Crime Victimization Survey. The information collected as a result of those provisions has been valuable in understanding the scope of crime perpetrated against seniors and how best to combat it. In 2003, I sought further protections by introducing the Seniors Safety Act. That bill aimed to strengthen enforcement of many of the most prevalent crimes perpetrated against seniors, including health care fraud, nursing home abuse, telemarketing fraud, and pension fraud.

The Elder Abuse Victims Act builds on these earlier efforts and ensures that fighting the abuse and exploitation of our seniors is a top law enforcement priority. Specifically, the bill provides grants to train prosecutors and establish elder justice units within State and local courts and law enforcement offices. It also requires the U.S. Department of Justice to further study state and local enforcement of elder abuse laws and establish more uniform procedures to improve the identification and handling of elder justice matters. Additionally, the bill provides funding for elder abuse victims advocacy groups to ensure that vulnerable seniors have access to critical support services.

It is particularly important that we strengthen our ability to protect older Americans because they are the most rapidly growing population group in our society, making them an ever more attractive target for criminals. The Department of Health and Human Services has predicted that the number of older Americans will grow from 13 percent of the U.S. population in 2000 to 20 percent by 2030. In Vermont, seniors comprise about 12 percent of the population, a number that is expected to increase to 20 percent by 2025.

The growing number of older Americans demands that we have enough advocacy programs and law enforcement services in place to protect our seniors. We all deserve to age with dignity, free of the threat of abuse or fraud. The Elder Abuse Victims Act can help by giving our justice system the tools it needs to prosecute offenders who prey on the elderly. I look forward to working with Senators Kohl, Mikulski, LeMieux, and others to better protect seniors from crime and abuse.

Mr. President, I join today with Senator Boxer of California to introduce legislation that will help create jobs by getting credit flowing to small businesses and consumers.

Small businesses employ half of the Nation's workforce and are key to creating jobs. Sadly, they have been hit hard by the credit crisis. Less than one-third of small businesses report that their credit needs are being met today, and 59 percent of them now rely on credit cards to finance their daily operations, up from 44 percent at the end of last year. We urgently need to speed credit to small businesses so that they can create jobs and grow the economy. The best way to do so is through the thousands of community banks located across our Nation.

Community banks are essential to small business lending. Our Nation's 7,500 community banks of under $1 billion in assets hold 11 percent of our Nation's assets, but they make 38 percent of our Nation's small business loans by asset. Due to the current economic recession, these responsible, well-regulated institutions have seen their capital bases shrunk and have been forced to reduce lending, which negatively impacts surrounding businesses and communities. These institutions can help us turn our economy around if we give them the capital they need to increase the flow of credit to small businesses and entrepreneurs.

The Bank on Our Communities Act will help get capital to community banks--on the condition that they restart lending. The bill empowers the Secretary of the Treasury to redeploy up to $15 billion in TARP into a new Community Credit Renewal Fund. Community banks of $5 billion in assets or less can qualify for investment by the Fund if they conduct an internal stress test to determine the amount of capital they need to remain well-capitalized during adverse economic conditions and restart small business and consumer lending and raise at least 50 percent of that target recapitalization amount from private investors. Once in receipt of their new capital, participating banks would be required to increase small business and consumer lending by at least the amount provided by the Fund and to increase small business lending in particular by at least 5 percent over the lowest point in 2009. Additional incentives are given to increase lending to credit-worthy businesses above the minimum levels required for program participation.

This bill is common sense legislation with common sense values. It will give the folks on Main Street the same access and opportunity as those on Wall Street and create much needed jobs in the process. I ask that my colleagues join me in the effort to help small businesses thrive in our local communities and get our economy back on track.