GI Education Benefit Fairness Act of 2014

Mr. President, I rise on behalf of myself and Senators Boxer, Wyden and Merkley to introduce legislation to respond to California's devastating drought conditions.

This weekend's storm in Northern California was more than a year in coming, and there are some encouraging signs that came from it: Rainfall in the Sacramento Valley averaged 2 to 3 inches. North of San Francisco Bay, precipitation averaged 4 to 7 inches. Between Friday and Monday, about 7 inches of precipitation fell in the Northern Sierra. The Southern Sierra saw more than 3 inches. Over the same period, the water contained in Northern Sierra snow increased by 3 inches; Central Sierra by 4 inches; and Southern Sierra by an inch.

But one storm in the North will not end this historic drought. In the San Joaquin Valley, precipitation over the weekend was less than an inch, while San Diego and Los Angeles saw only about a quarter-inch of rain. Also, the snowpack in the Sierra remains very troubling. Statewide, the snowpack is at 29 percent of normal for this date. The Northern California mountains are at 18 percent, and the Central Sierra is 36 percent.

State officials have confirmed that this weekend's rain and snow will have very little effect on the amount of water available for California. Even after this storm, California faces some of the driest conditions in modern times, leading to last month's declaration by Governor Brown of a drought emergency.

As of the beginning of February, at least 10 communities are in danger of running out of drinking water within 2 months. Without relief, more communities may face similar difficulties.

California's State Water Project helps supply water to 25 million Californians and 750,000 acres of farmland. For the first time in its 54-year history, it will not be providing any water to its water agencies.

The Central Valley Project irrigates about 3 million acres of farmland, supplies water to millions of Californians and supports crucial environmental habitats. This year, it will likely not be able to provide water to many farmers in the Central Valley.

As of February 9, Lake Shasta, California's largest reservoir, and Lake Oroville, the State Water Project's principal reservoir, are both at only 37 percent of capacity. San Luis Reservoir, crucial to farmers south of the Delta, is at only 30 percent of capacity.

Without water, farmers north and south of the Delta have lost crops, trees, workers, and income. Businesses, factories, schools, hospitals, fire departments, and other social services facilities will have trouble carrying out their work.

Let me put this in perspective: According to the State, to reach average annual rain and snowfall levels, this past weekend's rainfall must be repeated very frequently from now until May. And even then, California would still remain in drought conditions.

We need a forceful and immediate response to help those who are suffering. That is why I am introducing the California Emergency Drought Relief Act of 2014 along with Senators Boxer, Wyden and Merkley. Representative Jim Costa will introduce this bill in the House.

This bill focuses on measures that can provide water supplies to California this year. It would cut red tape and free up federal agencies to operate with maximum flexibility and speed so they can move water to those who need it. When we have more water to move from storms like we saw this weekend, this bill will make an even greater difference.

Let me sum up how this bill would help. First, the bill would increase

water supplies. By being smarter about how we manage water projects, we can free up more water. For example: This bill directs Federal agencies to open water gates on the Sacramento River for as long as possible when few salmon are migrating. This should allow thousands of acre feet of water to be pumped without harming the species.

It also directs agencies to find ways to control turbid waters so endangered Delta smelt that are attracted to these waters do not swim near the water pumps. Less risk to fish means more water can be pumped. And the bill mandates agencies to use the maximum authority allowed under the Endangered Species Act to provide as much water as possible from Delta pumping while staying within the law.

The bill would also reduce bureaucracy. During this emergency situation, the federal government must work as quickly and as efficiently as possible. Relying on emergency authorities that already exist, the bill directs Federal agencies to complete environmental reviews under shortened timeframes so water supply measures such as water transfers and fallowing of land can be carried out with minimal delay.

The bill would also provide emergency funding and disaster assistance. It authorizes additional expenditures to fund measures that can make a difference now, especially for the communities that are at risk of running out of drinking water soon.

They include $100 million to carry out projects to maximize water supplies. There is also $200 million for disaster relief to help farmers and rural communities. That includes $100 million for emergency conservation measures so farmers can carry out projects to protect lands, crops and watersheds; $25 million in grants for rural communities to take action to upgrade, repair or secure water systems; $25 million in pre-disaster hazard mitigation grants so communities and the State can complete projects to lessen the effects of the drought; $25 million in grant funding for public and nonprofit organizations to provide emergency assistance to low-income migrant and seasonal farmworkers affected by the drought; and $25 million in grants to private forest landowners for conservation measures related to drought and wildfire. The bill would also direct Federal agencies to prioritize grant funding for water projects that can yield water supplies and alleviate the drought's effects now.

The bill also amends the Stafford Act. The 1988 Stafford Act was meant to provide a comprehensive framework for how the country responds to major disasters, including droughts. However, because the Act has been interpreted very narrowly since its passage, eight drought- stricken States have applied for a major disaster declaration, and all eight have been denied: California in 2009; Georgia in 2008; Virginia in 2003; Maine in 2002; Texas and Oklahoma in 1998; and Minnesota and North Dakota in 1988.

To correct this, the bill amends the Stafford Act. These changes will provide States with greater flexibility to access Federal disaster assistance programs. These programs help individuals affected by drought conditions with disaster unemployment assistance and crisis counseling.

Let me be clear: this bill does not create new Federal assistance programs. It is an effort to clarify the intent of Congress regarding the Stafford Act, and to make the Stafford Act work better for droughts. When major disasters like a severe drought occur, communities should be eligible for Federal assistance.

During these emergency times, I also strongly believe some requirements should be relaxed to relieve the pressures faced by water users. To that effect, my bill proposes giving North-of-Delta water contractors more time to take delivery of water they were allocated in 2013, so they have more flexibility with their 2014 supplies. It also delays some water contract payments that Central Valley Project contractors must pay the Federal Government to lessen financial stress as they confront and recover from the drought.

I want to be clear: the success of some of these measures will depend on how much rain we get and how much water is available to be moved. This bill is not a replacement for rain, but it will give us tools to make water available when we have storms like the one over the weekend. My goal is to make sure we are maximizing every drop of water in the system and we are doing everything as quickly as possible to offer some measure of relief.

Finally, there are important lessons to learn. Southern California is better prepared than the rest of the State to cope with this drought thanks to decades of work to build storage and improve water conservation. Metropolitan Water District, I understand, has enough water supplies for 19 million customers through voluntary water use reductions.

Were it not for the more than 2 million acre-feet of water reserves, including 600,000 acre feet in Diamond Valley Lake, Southern California water users would be facing up to 50 percent mandatory water use restrictions.

The message is clear: For the long term, we must build additional storage if we are to be prepared for the next drought which is sure to come.

I urge my colleagues on both sides of the aisle, and our counterparts in the House, to support this bill.

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

Mr. President, today I am pleased to join Senator Hatch once again in introducing the bipartisan Designer Anabolic Steroid Control Act. Like the legislation we introduced in 2012, this measure will help keep American children and families safe from dangerous designer drugs that masquerade as healthy dietary supplements.

Doctors and scientists have long recognized the health hazards of non-medical use of anabolic steroids. For that reason, Congress has previously acted to ensure that these drugs are listed as controlled substances. Nonetheless, according to investigative reporting and Congressional testimony, a loophole in current law allows for designer anabolic steroids to easily be found on the Internet, in gyms, and even in retail stores.

Designer steroids are produced by reverse engineering existing illegal steroids and then slightly modifying the chemical composition, so that the resulting product is not on the Drug Enforcement Administration's, DEA, list of controlled substances. When taken by consumers, designer steroids can cause serious medical consequences, including liver injury and

increased risk of heart attack and stroke. They may also lead to psychological effects such as aggression, hostility, and addiction.

These designer products can be even more dangerous than traditional steroids because they are often untested, produced from overseas raw materials, and manufactured without quality controls. As one witness testified at a Crime Subcommittee hearing on the issue, ``all it takes to cash in on the storefront steroid craze is a credit card to import raw products from China or India where most of the raw ingredients come from, the ability to pour powders into a bottle or pill and a printer to create shiny, glossy labels.''

The unscrupulous actors responsible for manufacturing and selling these products often market them with misleading and inaccurate labels. That can cause consumers who are looking for a healthy supplement--not just elite athletes, but also high school students, law enforcement personnel, and mainstream Americans--to be deceived into taking these dangerous products. While the world's top athletes competing in the Winter Olympics are subjected to strict guidelines and rigorous testing to prevent the use of steroids, as they should be, many Americans may be unknowingly dosing themselves with these harmful substances.

Loopholes in existing law allow these dangerous designer steroids to evade regulation. Under current law, in order to classify new substances as steroids, the DEA must complete a burdensome and time- consuming series of chemical and pharmacological testing. As a DEA official testified before Congress: ``in the time that it takes DEA to administratively schedule an anabolic steroid used in a dietary supplement product, several new products can enter the market to take the place of those products.''

The Designer Anabolic Steroid Control Act of 2014 would quickly protect consumers from these dangerous products. First, it would immediately place 27 known designer anabolic steroids on the list of controlled substances. Second, it would grant the DEA authority to temporarily schedule new designer steroids on the controlled substances list, so that if bad actors develop new variations, these products can be removed from the market. Third, it would create new penalties for importing, manufacturing, or distributing anabolic steroids under false labels.

Senator Hatch and I worked closely with a range of consumer and industry organizations to ensure that this legislation would not interfere with consumers' access to legitimate dietary supplements. I thank these organizations for their support, and look forward to working with them, with Senator Hatch, and with colleagues from both sides of the aisle to enact this common sense measure into law.

Mr. President, I introduced a bill this week that would fix a small problem with the Post-9/11 GI bill that is creating big problems for some servicemember and veteran families.

In 2010, SFC Angela Dees sent her son, Christopher Webb, to the University of Illinois at Chicago after receiving approval from DOD that she could transfer her GI benefits to pay for his education.

Dees first enlisted in the Army in 1998. At the time, she was married, and Christopher was her stepson. But after a divorce, she went to court and obtained sole legal custody, raising him from a 2-year-old into a young man. Since she never formally adopted him he was legally considered her ward.

But no matter how you slice it, Angela Dees is Chris's mother, and he is her son.

But halfway through Chris's first year at UIC, he received a letter from the VA telling him that he could no longer use his mother's GI benefits. The letter explained that he needed to repay the first year's benefits, $30,000.

What happened?

It turns out they were caught in a bureaucratic wrinkle with enormous implications for this family. Foster children and legal wards like Chris are considered dependents by the Department of Defense, but not by the VA.

Servicemembers can pass along their GI Bill benefits to their spouses or children if they re-up for 4 more years. So Angela did that. In good faith, she signed an Army contract for 4 more years so that she could give her son a college education.

But the left hand of government did not know what the right hand of government was doing. So when it came time for the VA to pay Chris's tuition bill, VA said no. In their case, neither of them had the money to repay the VA, so Chris had to drop out of school and get a job in order to pay it back.

According to DOD, at least 25 students are in the same boat--approved by DOD, they enrolled in school only to have their benefits revoked by the VA when the bill came due.

It is an expensive bureaucratic nightmare for these families, and it should be fixed.

The Post-9/11 GI bill is the most comprehensive education benefits package for servicemembers since 1944. It was the first time we granted servicemembers the opportunity to transfer some or all of their earned benefits to family members.

But in this small way it is clear that the benefit does not match our intent.

The GI Education Benefits Fairness Act, S. 2014, will fix that.

This bill is very simple: it will align the definition of an ``eligible child'' at the DOD and the VA so that wards and foster children also qualify, and it will offer retroactive payment to those whose benefits were revoked because of the original discrepancy.

The bill has the support of many veteran and military advocacy groups: the Military Officers Association of America, Veterans of Foreign Wars, the American Legion, Student Veterans of America, the National Military Family Association, the Iraq and Afghanistan Veterans of America, the Association of the United States Navy, and the Foster Parent Association of America.

In the House, Representatives Bill Foster and Cathy McMorris Rodgers are leading a companion bill in a bipartisan effort.

These servicemembers have made good on their obligations to our country. And the GI Education Benefits Fairness Act allows us to make good on the promises we have made to them.

I hope my colleagues will 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 ask unanimous consent that the text of the bill be printed in the Record.