Captive Insurers Clarification Act

Mr. President, today, in an effort to decrease the rate of drug overdose deaths, I am pleased to be joined by Senators Durbin, Markey, Whitehouse, and Leahy in introducing the Overdose Prevention Act. Representative Donna Edwards has introduced a similar bill in the House.

Throughout the country, the death rate from drug overdoses has been rapidly climbing. According to the Centers for Disease Control and Prevention, CDC, drug overdose death rates have more than tripled since 1990, and more than 110 Americans died each day from drug overdoses in 2011. More than half of these deaths are attributable to opioids, like prescription pain relievers or heroin. Indeed, this tragic epidemic has hit particularly hard in my home State of Rhode Island, where already in 2014, more than 100 individuals have died from apparent and confirmed drug overdoses.

Americans aged 25 to 64 are now more likely to die as a result of a drug overdose than from injuries sustained in motor vehicle traffic crashes. While overdoses from illegal drugs persist as a major public health problem, fatal overdoses from prescribed opioid pain medications such as oxycodone account for more than 40 percent of all overdose deaths.

It is clear that we must do more to stop these often preventable deaths. Fortunately, the drug naloxone, which has no side effects and no potential for abuse, is widely recognized as an important tool to help prevent drug overdose deaths. Naloxone can rapidly reverse an overdose from heroin and opioid medications if provided in a timely manner. Overdose prevention programs, including those that utilize naloxone, have been credited with saving more than 10,000 lives since 1996, according to the CDC.

Opioid abuse and overdose is not an abstract threat found in far-off corners. It is a national public health crisis and it's taking place right here at home in our communities and our neighborhoods.

Rhode Island is taking steps to combat this scourge and is leading the way in adopting innovative solutions. Through a ``collaborative practice agreement,'' some Rhode Island pharmacies are dispensing naloxone, along with training about its proper use, to anyone who walks in and requests the treatment, no prescription necessary. In addition, the Rhode Island State Police now carry naloxone in every cruiser. However, there's more work to be done at the federal level.

The Overdose Prevention Act, which I am introducing today, would complement Rhode Island's efforts and take important steps towards addressing this issue and increasing access to naloxone in our communities. The legislation aims to establish a comprehensive national response to this epidemic that emphasizes collaboration between State and Federal officials and employs best practices from the medical community, as well as programs and treatments that have been proven effective to combat this startling national trend. This is an emergency and it requires a coordinated and comprehensive response.

Specifically, the bill would authorize the U.S. Department of Health and Human Services, HHS, to award funding through cooperative agreements to eligible entities--like public health agencies or community-based organizations with expertise in preventing overdose deaths. As a condition of participation, an entity would use the grant to purchase and distribute naloxone, and carry out overdose prevention activities, such as educating and training prescribers, pharmacists, and first responders on how to recognize the signs of an overdose, seek emergency medical help, and administer naloxone and other first aid.

As rates of overdose deaths continue to spike, public health agencies, law enforcement, and others are struggling to keep up without accurate and timely information about the epidemic. Therefore, the Overdose Prevention Act would also require HHS to take

steps to improve surveillance and research of drug overdose deaths, so that public health agencies, law enforcement, and community organizations have an accurate picture of the problem.

It would also establish a coordinated federal plan of action to address this epidemic. The Overdose Prevention Act brings together first responders, medical personnel, addiction treatment specialists, social service providers, and families to help save lives and get at the root of this problem.

I am pleased that the Overdose Prevention Act has the support of the American Association of Poison Control Centers, the Drug Policy Alliance, the Harm Reduction Coalition, and the Trust for America's Health. I look forward to working with these and other stakeholders, as well as Representative Edwards and the rest of our colleagues in passing this crucial legislation. Many of these overdose deaths are preventable, and it is time for Congress to act to give communities the help they need to stop this epidemic.

Mr. President, today I am introducing legislation to help new veterans get information about the programs, benefits and services available to them as they transition back to civilian life. The Connect with Veterans Act will make it easier for cities, counties and tribes, as well as the State Departments of Veterans Affairs, to interact directly with new veterans.

Since I joined the Senate in January 2013, I have traveled all across North Dakota, listening to our veterans. One thing I heard, time and time again, was the need for more information about programs and services. Recently, I hosted my first Native American Veterans Summit in Bismarck, ND. One of the things which struck me at the Summit was how the Department of Veterans Affairs and other agencies simply weren't connecting with the veterans who wanted information about health care options and other benefits. It is clear that we, as a society, must do better.

In June 2013, I was proud to form the Senate Defense Communities Caucus along with my co-chair, Senator Johnny Isakson. We found that people and communities all across the nation are passionate about helping our military perform its mission. Through my work with the Caucus, I found these communities are equally passionate about helping our veterans as well. I heard, through a close partnership with the Association of Defense Communities, that folks wanted to do more, at the local level, to help veterans.

From those ideas, the Connect with Veterans Act was created. It is a simple bill, and one that is entirely voluntary. Separating servicemembers can choose to share their contact information with the communities they are moving to after their military service. Interested cities, counties and tribes can request the contact information for the new veterans moving to their area and then provide them with information about services and benefits. Throughout this process, the veterans contact information will be kept secure.

It is critical that we provide veterans with access to the benefits and services they have earned once they leave the military and--knowing what services and benefits are available to them is the first step. This bill will expand the sources of information available to veterans. It is not just the VA that has the responsibility to help veterans. We all share that responsibility.

I have heard from North Dakotans, in particular, about how this bill would be incredibly beneficial as many communities in my state have unmet employment needs. Veterans have proven to be great employees. And, with good-paying jobs in North Dakota, this program can provide a way to bring veterans into these open positions. But this bill gives local control of what information is provided to veterans. Communities throughout the nation will be able to make this program fit their needs.

Our Nation must do a better job of taking care of our veterans. A great first step is figuring out how best to welcome new veterans into our communities. I know my bill will help that critical process.

Mr. President, I rise to talk about our Nation's infrastructure and how Congress needs a long-term transportation bill that empowers local and regional planning authorities.

Infrastructure drives our economy. New Jersey alone has more than 38,000 miles of public roads, and nearly 1,000 miles of rail freight lines, connecting every corner of my State to consumers and networks throughout the region.

This means jobs. It means quality of life. It means investment in our communities and moving us forward.

Currently, just 8 percent of our Federal highway dollars are controlled by regional and local interests.

In order to increase the role of local communities in our transportation policy decisions, I introduced today The Local Empowerment Act, which would reward high-performing Metropolitan Planning Organizations, MPO's, with additional, directly-allocated funds.

MPO's that coordinate well with other MPOs in the region, consider performance goals as part of their planning, have equitable approaches to decision making, and demonstrate high technical capacity would be rewarded with additional resources to support their local priorities.

Consider the fact that \3/4\ of GDP is generated from within metro areas, 65 percent of the population resides in metro areas, and 95 percent of all public transportation passenger miles traveled take place in metro areas.

As the mayor of Newark, NJ, I learned through first-hand experience how important it is that the federal government partner with local communities to make substantial, long-term investments in our transportation infrastructure.

Federal transportation policy must provide local and regional stakeholders with resources and decision-making power, and take into account how local communities are being impacted by congestion, air pollution and our broader investment decisions.

At all levels of government, there is a dire need for additional, creative policy options that will rind more projects, create more jobs, and rehabilitate and rebuild our crumbling infrastructure.

I would like to highlight the leadership of Anthony Foxx, Secretary of Transportation, for proposing a program along the lines of this legislation.

Secretary Foxx, like me a former mayor, understands how important it is that Federal programs empower local entities and I urge my colleagues to join in supporting this legislation.

Mr. President, today, I introduce the Captive Insurers Clarification Act. This simple, commonsense legislation will clarify terms included in the Dodd-Frank Wall Street Reform and Consumer Protection Act that stand to threaten the viability of the captive insurance industry in Vermont, South Carolina, and across the country. I am glad to have Senator Graham's support in this effort.

Vermont is one of the leading onshore captive insurance domiciles in the country, with over 1000 licensed captive insurance companies. I have heard from the captive industry in Vermont, understandably concerned that language included in the Dodd-Frank Act may result in the double taxation of captives that operate in states where their headquarters are not domiciled. The Nonadmitted and Reinsurance Reform Act, NRRA, as included in Dodd-Frank, intended to facilitate the proper collection and allocation of self-procurement taxes. Captives are taxed and regulated in the state in which they are domiciled, not necessarily where their corporate headquarters are located. However, due to the ambiguity of the NRRA, captive insurers are concerned that both the state in which a captive is headquartered, and the state in which the captive is domiciled, may claim the premium tax.

The Captive Insurers Clarification Act would simply clarify that such companies were never intended to be included under the Nonadmitted and Reinsurance Reform Act. Applying the NRRA to captives would eliminate the specialized regulation of the captive industry that states like Vermont have worked to cultivate.

This is commonsense legislation to clarify the intention of Congress in passing the Nonadmitted and Reinsurance Reform Act, and I hope Members of Congress will support its enactment.

Mr. President, today, I introduce the Captive Insurers Clarification Act. This simple, commonsense legislation will clarify terms included in the Dodd-Frank Wall Street Reform and Consumer Protection Act that stand to threaten the viability of the captive insurance industry in Vermont, South Carolina, and across the country. I am glad to have Senator Graham's support in this effort.

Vermont is one of the leading onshore captive insurance domiciles in the country, with over 1000 licensed captive insurance companies. I have heard from the captive industry in Vermont, understandably concerned that language included in the Dodd-Frank Act may result in the double taxation of captives that operate in states where their headquarters are not domiciled. The Nonadmitted and Reinsurance Reform Act, NRRA, as included in Dodd-Frank, intended to facilitate the proper collection and allocation of self-procurement taxes. Captives are taxed and regulated in the state in which they are domiciled, not necessarily where their corporate headquarters are located. However, due to the ambiguity of the NRRA, captive insurers are concerned that both the state in which a captive is headquartered, and the state in which the captive is domiciled, may claim the premium tax.

The Captive Insurers Clarification Act would simply clarify that such companies were never intended to be included under the Nonadmitted and Reinsurance Reform Act. Applying the NRRA to captives would eliminate the specialized regulation of the captive industry that states like Vermont have worked to cultivate.

This is commonsense legislation to clarify the intention of Congress in passing the Nonadmitted and Reinsurance Reform Act, and I hope Members of Congress will support its enactment.