[Congressional Record Volume 151, Number 44 (Thursday, April 14, 2005)]
[Senate]
[Pages S3655-S3688]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. KYL (for himself, Mr. Cornyn, and Mr. Coburn):
S. 783. A bill to repeal the sunset on the 2004 material-support
enhancements, to increase penalties for providing material support to
terrorist groups, to bar from the United States aliens who have
received terrorist training, and for other purposes; to the Committee
on the Judiciary.
Mr. KYL. Mr. President, I rise today to introduce the Material
Support to Terrorism Prohibition Improvements Act of 2005.
Mr. Barry Sabin, the Chief of the Counterterrorism Section of the
Justice Department's Criminal Division, testified as to the importance
of the material support statute at a September 13 hearing before the
Terrorism Subcommittee last year. He emphasized that:
a key element of the [Justice] Department's strategy for
winning the war against terrorism has been to use the
material support statutes to prosecute aggressively those
individuals who supply terrorists with the support and
resources they need to survive. The Department seeks to
identify and apprehend terrorists before they can carry out
their plans, and the material support statutes are a valuable
tool for prosecutors seeking to bring charges against and
incapacitate terrorists before they are able to cause death
and destruction.
The bill that I introduce today expands current law's exclusion from
the United States of persons who give material support to terrorism by
training at a terrorist camp. The bill makes such persons inadmissible
to the United States, they now only are deportable, and applies these
exclusions to pre-enactment terrorist training. Mr. Sabin described at
last year's hearing the threat posed by persons who have receive
training at a terrorist camp:
A danger is posed to the vital foreign policy interests and
national security of the United States whenever a person
knowingly receives military-type training from a designated
terrorist organization or persons acting on its behalf. Such
an individual stands ready to further the malicious intent of
the terrorist organization through terrorist activity that
threatens the security of United States nationals or the
national security of the United States.
My bill would ensure that such persons not only are removed from the
United States once they are found
[[Page S3656]]
here, but also are prevented from entering this country in the first
place.
Today's bill also repeals a 2006 sunset on several recent
clarifications that were made to the material-support statute in order
to address vagueness concerns expressed by some courts. At the
September 13 Terrorism Subcommittee hearing, George Washington
University law professor Jonathan Turley said of the original
legislative proposal to clarify the statute: ``[t]his proposal would
actually improve the current federal law by correcting gaps and
ambiguities that have led to recent judicial reversals. In that sense,
the proposal can be viewed as a slight benefit to civil liberties by
removing a dangerous level of ambiguity in the law.''
There is no reason why this important provision, and other
improvements to the material-support statute made in last year's 9/11
Commission bill, should be allowed to expire at the end of this
Congress. This bill would make these improvements permanent.
I ask unanimous consent that the text of the bill and a section by
section analysis be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 783
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 ``Material Support to
Terrorism Prohibition Improvements Act of 2005''.
SEC. 2. REPEAL OF SUNSET ON 2004 MATERIAL-SUPPORT
ENHANCEMENTS.
Section 6603(g) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (18 U.S.C. 2332b note) is repealed.
SEC. 3. BARRING ENTRY TO THE UNITED STATES FOR
REPRESENTATIVES AND MEMBERS OF TERRORIST GROUPS
AND ALIENS WHO HAVE RECEIVED MILITARY-TYPE
TRAINING FROM TERRORIST GROUPS.
Section 212(a)(3)(B) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)) is amended--
(1) in clause (i)--
(A) in subclause (IV), by amending item (aa) to read as
follows:
``(aa) a terrorist organization as defined in clause (vi),
or''.
(B) by striking subclause (V) and inserting the following:
``(V) is a member of a terrorist organization--
``(aa) described in subclause (I) or (II) of clause (vi);
or
``(bb) described in clause (vi)(III), unless the alien can
demonstrate by clear and convincing evidence that the alien
did not know, and should not reasonably have known, that the
organization was a terrorist organization,''.
(C) in subclause (VI), by striking ``or'' at the end;
(D) in subclause (VII), by inserting ``or'' at the end; and
(E) by inserting after subclause (VII) the following:
``(VIII) has received military-type training (as defined in
section 2339D(c)(1) of title 18, United States Code) from, or
on behalf of, any organization that, at the time the training
was received, was a terrorist organization,''; and
(2) in clause (vi), by striking ``clause (i)(VI)'' and
inserting ``subclauses (VI) and (VIII) of clause (i)''.
SEC. 4. EXPANDED REMOVAL FROM THE UNITED STATES OF ALIENS WHO
HAVE RECEIVED MILITARY-TYPE TRAINING FROM
TERRORIST GROUPS.
Section 237(a)(4)(E) of the Immigration and Nationality Act
(8 U.S.C. 1227(a)(4)(E)) is amended to read as follows:
``(E) Recipient of military-type training.--Any alien who
has received military-type training (as defined in section
2339D(c)(1) of title 18, United States Code) from or on
behalf of any organization that, at the time the training was
received, was a terrorist organization (as defined in section
212(a)(3)(B)(vi)), is deportable.''.
SEC. 5. BARRING ENTRY TO AND REMOVING TERRORIST ALIENS FROM
THE UNITED STATES BASED ON PRE-ENACTMENT
TERRORIST CONDUCT.
The amendments made by sections 3 and 4 of this Act shall
apply to--
(1) all aliens subject to removal, deportation, or
exclusion at any time; and
(2) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal
occurring or existing before, on, or after the date of
enactment of this Act.
SEC. 6. INCREASED PENALTIES FOR PROVIDING MATERIAL SUPPORT TO
TERRORIST GROUPS.
(a) Providing Material Support to Terrorists.--Section
2339A(a) of title 18, United States Code, is amended by
striking ``, imprisoned not more than 15 years,'' and all
that follows through ``life.'' and inserting ``and imprisoned
for not less than 5 years and not more than 25 years, and, if
the death of any person results, shall be imprisoned for not
less than 15 years or for life.''.
(b) Providing Material Support or Resources to Designated
Foreign Terrorist Organizations.--Section 2339B(a) of title
18, United States Code, is amended by striking ``or
imprisoned not more than 15 years,'' and all that follows
through ``life.'' and inserting ``and imprisoned for not less
than 5 years and not more than 25 years, and, if the death of
any person results, shall be imprisoned for not less than 15
years or for life.''.
(c) Receiving Military-type Training From a Foreign
Terrorist Organization.--Section 2339D of title 18, United
States Code, is amended by striking ``or imprisoned for ten
years, or both.'' and inserting ``and imprisoned for not less
than 3 years and not more than 15 years.''.
____
Section 1. Bill Title. ``Material Support to Terrorism
Prohibition Improvements Act of 2005.''
Section 2. Repeal of Sunset on 2004 Material-Support
Enhancements. Section 6603 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (the 9/11 Commission Act)
includes important provisions that expand and clarify the
material-support statutes (18 U.S.C. Sec. Sec. 2339A &
2339B). These provisions clarify the definitions of the terms
``personnel'', ``training'', and ``expert advice or
assistance,'' in order to correct void-for-vagueness problems
identified by the Ninth Circuit; expand the jurisdictional
bases for material-support offenses; clarify the definition
of ``material support;'' and clarify that the United States
need only show that a defendant knew that the organization to
which he gave material support either engaged in terrorism or
was designated as a terror group--thus overruling the Ninth
Circuit's conclusion that the United States also must show
that the defendant knew of the particular terrorist activity
that caused an organization to be designated as a terror
group. All of these changes are set to expire on December 31,
2006, pursuant to subsection 6603(g) of the 9/11 Commission
Act. This section of this Act repeals subsection (g), making
the 2004 material-support enhancements permanent.
Section 3. Barring Entry to the United States for
Representatives and Members of Terrorist Groups and Aliens
Who Have Received Military-Type Training from Terrorist
Groups. This section bars entry to the United States for any
alien who has received military-type training from a either a
terrorist group that is designated as such by the Secretary
of State, or from an undesignated terrorist group. (These
groups are defined in 8 U.S.C. Sec. 1182(a)(3)(B)(vi). An
undesignated terrorist group is a group that commits or
incites terrorist activity with the intent to cause serious
bodily injury, prepares or plans terrorist activity, or
gathers information on potential targets for terrorist
activity.) This section would correct a deficiency in current
law, which makes aliens who receive military-type terror
training deportable but does not make them inadmissible.
Aliens who receive training in violent activity from a
terrorist group are not allowed to remain in the United
States--they should not be permitted to enter the United
States in the first place. This section also bars entry to
the United States for aliens who are representatives or
members of either designated or undesignated terrorist
organizations, though members of undesignated terror groups
may avoid exclusion if they can show by clear and convincing
evidence that they did not know, and should not reasonably
have known, that the organization to which they belonged was
a terrorist organization.
Section 4. Expanded Removal from the United States of
Aliens Who Have Received Military-Type Training from
Terrorist Groups. Under current law, an alien is deportable
if he has received military-type training from a terrorist
group that is designated as such by the Secretary of State.
See 8 U.S.C. Sec. 1227(a)(4)(E). This section also makes
deportable an alien who has received military-type training
from an undesignated terrorist group. (See Section 3 above
for definition of undesignated terror group.)
Section 5. Barring Entry to and Removing Terrorist Aliens
from the United States Based on Pre-Enactment Terrorist
Conduct. This section makes clear that the terrorist-alien
deportation and exclusion provisions in sections 3 and 4 of
this Act apply to terrorist activity that the alien engaged
in before the enactment of this Act. Congress indisputably
has the authority to bar and remove aliens from the United
States based on past terrorist conduct. See Lehmann v. U.S.
ex rel. Carson, 353 U.S. 685, 690 (1957) (``It seems to us
indisputable, therefore, that Congress was legislating
retrospectively, as it may do, to cover offenses of the kind
here involved.'' (emphasis added; citations omitted)). Under
this section, an alien who received military-type training
from a terrorist group in Afghanistan in 2001 would be barred
from entering or remaining in the United States.
Section 6. Increased Penalties for Providing Material
Support to Terrorist Groups. Under current law, providing
material support to a terrorist group is a criminal offense
that is punishable by zero to 15 years' imprisonment, or zero
to life if death results. Receiving military-type training
from a terrorist group is punishable by zero to 10
[[Page S3657]]
years in prison. Under the Supreme Court's recent decision
in United States v. Booker, 125 S.Ct. 738 (January 12, 2005),
the federal sentencing guidelines' prescriptions no longer
are mandatory--district judges now have discretion to impose
little or no jail time for material-support offenses. Booker/
Fanfan also limits the appellate courts' ability to correct a
district judge's failure to impose jail time for a material-
support offense. This section increases the penalties for
material-support offenses to 5-25 years' imprisonment, with
15 years to life if death results, and raises the military-
type-training penalty to 3-15 years' imprisonment. These
enhanced penalties reflect both the gravity of the offense of
providing material support to a terrorist group, and the
heightened importance, since the terrorist attacks of
September 11, 2001, of deterring individuals from providing
aid and comfort to terrorist organizations.
______
By Mr. THOMAS (for himself and Mrs. Lincoln):
S. 784. A bill to amend title XVIII of the Social Security Act to
provide for the coverage of marriage and family therapist services and
mental health counselor services under part B of the medicare program,
and for other purposes; to the Committee on Finance.
Mr. THOMAS. Mr. President, I am pleased to rise today to introduce
the ``Seniors Mental Health Access Improvement Act of 2005'' with my
distinguished colleague from Arkansas, Mrs. Lincoln. Specifically, the
``Seniors Mental Health Access Improvement Act of 2005'' permits mental
health counselors and marriage and family therapists to bill Medicare
for services provided to seniors. This will result in an increased
choice of mental health providers for seniors and enhance their ability
to access mental health services in their communities.
This legislation is especially crucial to rural seniors who are often
forced to travel long distances to utilize the services of mental
health providers currently recognized by the Medicare program. Rural
communities have difficulty recruiting and retaining providers,
especially mental health providers. In many small towns, a mental
health counselor or a marriage and family therapist is the only mental
health care provider in the area. Medicare law--as it exists today--
compounds the situation because only psychiatrists, clinical
psychologists, clinical social workers and clinical nurse specialists
are able to bill Medicare for their services.
It is time the Medicare program recognized the qualifications of
mental health counselors and marriage and family therapists as well as
the critical role they play in the mental health care infrastructure.
These providers go through rigorous training, similar to the curriculum
of masters level social workers, and yet are excluded from the Medicare
program.
Particularly troubling to me is the fact that seniors have
disproportionally higher rates of depression and suicide than other
populations. Additionally, 75 percent of the 518 nationally designated
Mental Health Professional Shortage Areas are located in rural areas
and one-fifth of all rural counties have no mental health services of
any kind. Frontier counties have even more drastic numbers as 95
percent do not have a psychiatrist, 68 percent do not have a
psychologist and 78 percent do not have a social worker. It is quite
obvious we have an enormous task ahead of us to reduce these staggering
statistics. Providing mental health counselors and marriage and family
therapists the ability to bill Medicare for their services is a key
part of the solution.
Virtually all of Wyoming is designated a mental health professional
shortage area and will greatly benefit from this legislation. Wyoming
has 174 psychologists, 37 psychiatrists and 263 clinical social workers
for a total of 474 Medicare eligible mental health providers. Enactment
of the ``Seniors Mental Health Access Improvement Act of 2005'' will
more than double the number of mental health providers available to
seniors in my State with the addition of 528 mental health counselors
and 61 marriage and family therapists currently licensed in the State.
I believe this legislation is critically important to the health and
well-being of our Nation's seniors and I strongly urge all my
colleagues to become a cosponsor.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 784
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 ``Seniors Mental Health Access
Improvement Act of 2005''.
SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES
AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART
B OF THE MEDICARE PROGRAM.
(a) Coverage of Services.--
(1) In general.--Section 1861(s)(2) of the Social Security
Act (42 U.S.C. 1395x(s)(2)) is amended--
(A) in subparagraph (Y), by striking ``and'' after the
semicolon at the end;
(B) in subparagraph (Z), by inserting ``and'' after the
semicolon at the end; and
(C) by adding at the end the following new subparagraph:
``(AA) marriage and family therapist services (as defined
in subsection (bbb)(1)) and mental health counselor services
(as defined in subsection (bbb)(3));''.
(2) Definitions.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended by adding at the end the
following new subsection:
``Marriage and Family Therapist Services; Marriage and Family
Therapist; Mental Health Counselor Services; Mental Health Counselor
``(bbb)(1) The term `marriage and family therapist
services' means services performed by a marriage and family
therapist (as defined in paragraph (2)) for the diagnosis and
treatment of mental illnesses, which the marriage and family
therapist is legally authorized to perform under State law
(or the State regulatory mechanism provided by State law) of
the State in which such services are performed, as would
otherwise be covered if furnished by a physician or as an
incident to a physician's professional service, but only if
no facility or other provider charges or is paid any amounts
with respect to the furnishing of such services.
``(2) The term `marriage and family therapist' means an
individual who--
``(A) possesses a master's or doctoral degree which
qualifies for licensure or certification as a marriage and
family therapist pursuant to State law;
``(B) after obtaining such degree has performed at least 2
years of clinical supervised experience in marriage and
family therapy; and
``(C) in the case of an individual performing services in a
State that provides for licensure or certification of
marriage and family therapists, is licensed or certified as a
marriage and family therapist in such State.
``(3) The term `mental health counselor services' means
services performed by a mental health counselor (as defined
in paragraph (4)) for the diagnosis and treatment of mental
illnesses which the mental health counselor is legally
authorized to perform under State law (or the State
regulatory mechanism provided by the State law) of the State
in which such services are performed, as would otherwise be
covered if furnished by a physician or as incident to a
physician's professional service, but only if no facility or
other provider charges or is paid any amounts with respect to
the furnishing of such services.
``(4) The term `mental health counselor' means an
individual who--
``(A) possesses a master's or doctor's degree in mental
health counseling or a related field;
``(B) after obtaining such a degree has performed at least
2 years of supervised mental health counselor practice; and
``(C) in the case of an individual performing services in a
State that provides for licensure or certification of mental
health counselors or professional counselors, is licensed or
certified as a mental health counselor or professional
counselor in such State.''.
(3) Provision for payment under part b.--Section
1832(a)(2)(B) of the Social Security Act (42 U.S.C.
1395k(a)(2)(B)) is amended by adding at the end the following
new clause:
``(v) marriage and family therapist services and mental
health counselor services;''.
(4) Amount of payment.--Section 1833(a)(1) of the Social
Security Act (42 U.S.C. 1395l(a)(1)) is amended--
(A) by striking ``and (V)'' and inserting ``(V)''; and
(B) by inserting before the semicolon at the end the
following: ``, and (W) with respect to marriage and family
therapist services and mental health counselor services under
section 1861(s)(2)(AA), the amounts paid shall be 80 percent
of the lesser of the actual charge for the services or 75
percent of the amount determined for payment of a
psychologist under subparagraph (L)''.
(5) Exclusion of marriage and family therapist services and
mental health counselor services from skilled nursing
facility prospective payment system.--Section
1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C.
1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and
family therapist services (as defined in section
1861(bbb)(1)), mental health counselor services (as defined
in section 1861(bbb)(3)),'' after ``qualified psychologist
services,''.
[[Page S3658]]
(6) Inclusion of marriage and family therapists and mental
health counselors as practitioners for assignment of
claims.--Section 1842(b)(18)(C) of the Social Security Act
(42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end
the following new clauses:
``(vii) A marriage and family therapist (as defined in
section 1861(bbb)(2)).
``(viii) A mental health counselor (as defined in section
1861(bbb)(4)).''.
(b) Coverage of Certain Mental Health Services Provided in
Certain Settings.--
(1) Rural health clinics and federally qualified health
centers.--Section 1861(aa)(1)(B) of the Social Security Act
(42 U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a
clinical social worker (as defined in subsection (hh)(1)),''
and inserting ``, by a clinical social worker (as defined in
subsection (hh)(1)), by a marriage and family therapist (as
defined in subsection (bbb)(2)), or by a mental health
counselor (as defined in subsection (bbb)(4)),''.
(2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of
the Social Security Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III))
is amended by inserting ``or one marriage and family
therapist (as defined in subsection (bbb)(2))'' after
``social worker''.
(c) Authorization of Marriage and Family Therapists to
Develop Discharge Plans for Post-Hospital Services.--Section
1861(ee)(2)(G) of the Social Security Act (42 U.S.C.
1395x(ee)(2)(G)) is amended by inserting ``marriage and
family therapist (as defined in subsection (bbb)(2)),'' after
``social worker,''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to services furnished on or after
January 1, 2006.
______
By Mr. SANTORUM:
S. 786. A bill to clarify the duties and responsibilities of the
National Weather Service, and for other purposes; to the Committee on
Commerce, Science, and Transportation.
Mr. SANTORUM. Mr. President, I rise to introduce the National Weather
Services Duties Act of 2005 to clarify the responsibilities of the
National Weather Service (NWS) within the National Oceanic and
Atmospheric Association, NOAA. This legislation modernizes the
statutory description of NWS roles in the national weather enterprise
so that it reflects today's reality in which the NWS and the commercial
weather industry both play important parts in providing weather
products and services to the Nation.
Back in 1890 when the current NWS organic statute was enacted, and
all the way through World War II, the public received its weather
forecasts and warnings almost exclusively from the Weather Bureau, the
NWS's predecessor. In the late 1940s, a fledging weather service
industry began to develop. From then until December 2004, the NWS has
had policies sensitive to the importance of fostering the industry's
expansion, and since 1948 has had formal policies discouraging its
competition with industry. Fourteen years ago the NWS took the extra
step of carefully delineating the respective roles of the NWS and the
commercial weather industry, in addition to pledging its intention not
to provide products or services that were or could be provided by the
commercial weather industry. This longstanding non-competition and non-
duplication policy has had the effect of facilitating the growth of the
industry into a billion dollar sector and of strengthening and
extending the national weather enterprise, now the best in the world.
Regrettably, the parent agency of the NWS, NOAA, repealed the 1991
non-competition and non-duplication policy in December 2004. Its new
policy only promises to ``give due consideration'' to the abilities of
private sector entities. The new policy appears to signal the intention
of NOAA and the NWS to expand their activities into areas that are
already well served by the commercial weather industry. This detracts
from NWS's core missions of maintaining a modem and effective
meteorological infrastructure, collecting comprehensive observational
data, and issuing warnings and forecasts of severe weather that
imperils life and property.
Additionally, NOAA's action threatens the continued success of the
commercial weather industry. It is not an easy prospect for a business
to attract advertisers, subscribers, or investors when the government
is providing similar products and services for free. This bill restores
the NWS non-competition policy. However, the legislation leaves NWS
with complete and unfettered freedom to carry out its critical role of
preparing and issuing severe weather warnings and forecasts designed
for the protection of life and property of the general public. I
believe it is in the best interest of both the government and NWS to
concentrate on this critical role and its other core missions. The
beauty of a highly competent private sector is that services that are
not inherently involved in public safety and security can be carried
out with little or no expenditure of taxpayer dollars. At a time of
tight agency budgets, the commercial weather industry's increasing
capabilities offer the Federal Government the opportunity to focus its
resources on the governmental functions of collecring and distributing
weather data, research and development of atmospheric models and core
forecasts, and on ensuring that NWS meteorologists provide the most
timely and accurate warnings and forecasts of life-threatening weather.
The National Weather Service Duties Act also addresses the potential
misuse of insider information. Currently, NOAA and the NWS are doing
little to safeguard the NWS information that could be used by
opportunistic investors to gain unfair profits in the weather futures
markets, in the agriculture and energy markets, and in other business
segments influenced by government weather outlooks, forecasts, and
warnings. No one knows who may be taking advantage of this information.
In recent years there have been various examples of NWS personnel
providing such information to specific TV stations and others that
enable those businesses to secure an advantage over their competitors.
The best way to address this problem is to require that NWS data,
information, guidance, forecasts and warnings be issued in real time
and simultaneously to all members of the public, the media and the
commercial weather industry. This bill imposes just such a requirement,
which is common to other Federal agencies. The responsibilities of the
commercial weather industry as the only private sector producer of
weather information, services and systems deserve this definition to
ensure continued growth and investment in the private sector and to
properly focus the government's activities.
We have every right to expect these agencies to minimize unnecessary,
competitive, and commercial-type activities, and to do the best
possible job of warning the public about impending flash floods,
hurricanes, tornadoes, tsunamis, and other potentially catastrophic
events. I encourage my colleagues to support this important piece of
legislation.
______
By Mr. DURBIN:
S. 793. A bill to establish national standards for discharges from
cruise vessels into the waters of the United States, and for other
purposes; to the Committee on Commerce, Science, and Transportation.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 793
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Clean
Cruise Ship Act of 2005''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Prohibitions and conditions regarding the discharge of sewage,
graywater, or bilge water.
Sec. 5. Effluent limits for discharges of sewage and graywater.
Sec. 6. Inspection and sampling.
Sec. 7. Employee protection.
Sec. 8. Judicial review.
Sec. 9. Enforcement.
Sec. 10. Citizen suits.
Sec. 11. Alaskan cruise vessels.
Sec. 12. Ballast water.
Sec. 13. Funding.
Sec. 14. Effect on other law.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) cruise vessels carry millions of passengers each year,
and in 2001, carried 8,400,000 passengers in North America;
(2) cruise vessels carry passengers to and through the most
beautiful ocean areas in the United States and provide many
people in the United States ample opportunities to relax and
learn about oceans and marine ecosystems;
(3) ocean pollution threatens the beautiful and inspiring
oceans and marine wildlife
[[Page S3659]]
that many cruise vessels intend to present to travelers;
(4) cruise vessels generate tremendous quantities of
pollution, including--
(A) sewage (including sewage sludge);
(B) graywater from showers, sinks, laundries, baths, and
galleys;
(C) oily water;
(D) toxic chemicals from photo processing, dry cleaning,
and paints;
(E) ballast water;
(F) solid wastes; and
(G) emissions of air pollutants;
(5) some of the pollution generated by cruise ships,
particularly sewage discharge, can lead to high levels of
nutrients that are known to harm and kill coral reefs and
which can increase the quantity of pathogens in the water and
heighten the susceptibility of many coral species to scarring
and disease;
(6) laws in effect as of the date of enactment of this Act
do not provide adequate controls, monitoring, or enforcement
of certain discharges from cruise vessels into the waters of
the United States; and
(7) to protect coastal and ocean areas of the United States
from pollution generated by cruise vessels, new Federal
legislation is needed to reduce and better regulate
discharges from cruise vessels, and to improve monitoring,
reporting, and enforcement of discharges.
(b) Purposes.--The purposes of this Act are--
(1) to prevent the discharge of any untreated sewage or
graywater from a cruise vessel entering ports of the United
States into the waters of the United States;
(2) to prevent the discharge of any treated sewage, sewage
sludge, graywater, or bilge water from cruise vessels
entering ports of the United States into the territorial sea;
(3) to establish new national effluent limits and
management standards for the discharge of treated sewage or
graywater from cruise vessels entering ports of the United
States into the exclusive economic zone of the United States
in any case in which the discharge is not within an area in
which discharges are prohibited; and
(4) to ensure that cruise vessels entering ports of the
United States comply with all applicable environmental laws.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Territorial sea.--The term ``territorial sea''--
(A) means the belt of the sea measured from the baseline of
the United States determined in accordance with international
law, as set forth in Presidential Proclamation number 5928,
dated December 27, 1988; and
(B) includes the waters lying seaward of the line of
ordinary low water and extending to the baseline of the
United States, as determined under subparagraph (A).
(4) Exclusive economic zone.--The term ``exclusive economic
zone'' means the Exclusive Economic Zone of the United States
established by Presidential Proclamation number 5030, dated
March 10, 1983.
(5) Waters of the united states.--The term ``waters of the
United States'' means the waters of the territorial sea, the
exclusive economic zone, and the Great Lakes.
(6) Great lake.--The term ``Great Lake'' means--
(A) Lake Erie;
(B) Lake Huron (including Lake Saint Clair);
(C) Lake Michigan;
(D) Lake Ontario; and
(E) Lake Superior.
(7) Cruise vessel.--The term ``cruise vessel''--
(A) means a passenger vessel (as defined in section
2101(22) of title 46, United States Code), that--
(i) is authorized to carry at least 250 passengers; and
(ii) has onboard sleeping facilities for each passenger;
and
(B) does not include--
(i) a vessel of the United States operated by the Federal
Government; or
(ii) a vessel owned and operated by the government of a
State.
(8) Passenger.--The term ``passenger''--
(A) means any person on board a cruise vessel for the
purpose of travel; and
(B) includes--
(i) a paying passenger; and
(ii) a staffperson, such as a crew member, captain, or
officer.
(9) Person.--The term ``person'' means--
(A) an individual;
(B) a corporation;
(C) a partnership;
(D) a limited liability company;
(E) an association;
(F) a State;
(G) a municipality;
(H) a commission or political subdivision of a State; and
(I) an Indian tribe.
(10) Citizen.--The term ``citizen'' means a person that has
an interest that is or may be adversely affected by any
provision of this Act.
(11) Discharge.--The term ``discharge''--
(A) means a release of any substance, however caused, from
a cruise vessel; and
(B) includes any escape, disposal, spilling, leaking,
pumping, emitting or emptying of any substance.
(12) Sewage.--The term ``sewage'' means--
(A) human body wastes;
(B) the wastes from toilets and other receptacles intended
to receive or retain human body wastes; and
(C) sewage sludge.
(13) Graywater.--The term ``graywater'' means galley,
dishwasher, bath, and laundry waste water.
(14) Bilge water.--The term ``bilge water'' means
wastewater that includes lubrication oils, transmission oils,
oil sludge or slops, fuel or oil sludge, used oil, used fuel
or fuel filters, or oily waste.
(15) Sewage sludge.--The term ``sewage sludge''--
(A) means any solid, semi-solid, or liquid residue removed
during the treatment of municipal waste water or domestic
sewage;
(B) includes--
(i) solids removed during primary, secondary, or advanced
waste water treatment;
(ii) scum;
(iii) septage;
(iv) portable toilet pumpings;
(v) type III marine sanitation device pumpings (as defined
in part 159 of title 33, Code of Federal Regulations); and
(vi) sewage sludge products; and
(C) does not include--
(i) grit or screenings; or
(ii) ash generated during the incineration of sewage
sludge.
(16) Indian tribe.--The term ``Indian tribe'' has the
meaning given in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).
SEC. 4. PROHIBITIONS AND CONDITIONS REGARDING THE DISCHARGE
OF SEWAGE, GRAYWATER, OR BILGE WATER.
(a) Prohibition.--
(1) In general.--Except as provided in paragraph (2) and
section 11, no cruise vessel entering a port of the United
States may discharge sewage, graywater, or bilge water into
the waters of the United States.
(2) Exception.--A cruise vessel described in paragraph (1)
may not discharge sewage, graywater, or bilge water into the
exclusive economic zone but outside the territorial sea, or,
in the case of the Great Lakes, beyond any point that is 12
miles from the shore unless--
(A)(i) in the case of a discharge of sewage or graywater,
the discharge meets all applicable effluent limits
established under this Act and is in accordance with all
other applicable laws; or
(ii) in the case of a discharge of bilge water, the
discharge is in accordance with all applicable laws;
(B) the cruise vessel meets all applicable management
standards established under this Act; and
(C) the cruise vessel is not discharging in an area in
which the discharge is otherwise prohibited.
(b) Safety Exception.--
(1) Scope of exception.--Subsection (a) shall not apply in
any case in which--
(A) a discharge is made solely for the purpose of securing
the safety of the cruise vessel or saving a human life at
sea; and
(B) all reasonable precautions have been taken for the
purpose of preventing or minimizing the discharge.
(2) Notification of commandant.--
(A) In general.--If the owner, operator, or master, or
other individual in charge, of a cruise vessel authorizes a
discharge described in paragraph (1), the individual shall
notify the Commandant of the decision to authorize the
discharge as soon as practicable, but not later than 24
hours, after authorizing the discharge.
(B) Report.--Not later than 7 days after the date on which
an individual described in subparagraph (A) notifies the
Commandant of an authorization of a discharge under the
safety exception under this paragraph, the individual shall
submit to the Commandant a report that includes--
(i) the quantity and composition of each discharge made
under the safety exception;
(ii) the reason for authorizing each discharge;
(iii) the location of the vessel during the course of each
discharge; and
(iv) such other supporting information and data as are
requested by the Commandant.
SEC. 5. EFFLUENT LIMITS FOR DISCHARGES OF SEWAGE AND
GRAYWATER.
(a) Effluent Limits.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Commandant and the Administrator
shall jointly promulgate effluent limits for sewage and
graywater discharges from cruise vessels entering ports of
the United States.
(2) Requirements.--The effluent limits shall--
(A) require the application of the best available
technology that will result in the greatest level of effluent
reduction achievable, recognizing that the national goal is
the elimination of the discharge of all pollutants in sewage
and graywater by cruise vessels into the waters of the United
States by 2015; and
(B) require compliance with all relevant water quality
criteria standards.
(b) Minimum Limits.--The effluent limits under subsection
(a) shall require, at a minimum, that treated sewage and
graywater effluent discharges from cruise vessels shall, not
later than 3 years after the date of enactment of this Act,
meet the following standards:
[[Page S3660]]
(1) In general.--The discharge satisfies the minimum level
of effluent quality specified in section 133.102 of title 40,
Code of Regulations (or a successor regulation).
(2) Fecal coliform.--With respect to the samples from the
discharge during any 30-day period--
(A) the geometric mean of the samples shall not exceed 20
fecal coliform per 100 milliliters; and
(B) not more than 10 percent of the samples shall exceed 40
fecal coliform per 100 milliliters.
(3) Residual chlorine.--Concentrations of total residual
chlorine in samples shall not exceed 10 milligrams per liter.
(c) Review and Revision of Effluent Limits.--The Commandant
and the Administrator shall jointly--
(1) review the effluent limits required by subsection (a)
at least once every 3 years; and
(2) revise the effluent limits as necessary to incorporate
technology available at the time of the review in accordance
with subsection (a)(2).
SEC. 6. INSPECTION AND SAMPLING.
(a) Development and Implementation of Inspection Program.--
(1) In general.--The Commandant, in consultation with the
Administrator, shall promulgate regulations to implement an
inspection, sampling, and testing program sufficient to
verify that cruise vessels calling on ports of the United
States are in compliance with--
(A) this Act (including regulations promulgated under this
Act);
(B) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) (including regulations promulgated under that Act);
(C) other applicable Federal laws and regulations; and
(D) all applicable requirements of international
agreements.
(2) Inspections.--The program shall require that--
(A) regular announced and unannounced inspections be
conducted of any relevant aspect of cruise vessel operations,
equipment, or discharges, including sampling and testing of
cruise vessel discharges; and
(B) each cruise vessel that calls on a port of the United
States shall be subject to an unannounced inspection at least
annually.
(b) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Commandant, in consultation with
the Administrator, shall promulgate regulations that, at a
minimum--
(1) require the owner, operator, or master, or other
individual in charge, of a cruise vessel to maintain and
produce a logbook detailing the times, types, volumes, and
flow rates, origins, and locations of any discharges from the
cruise vessel;
(2) provide for routine announced and unannounced
inspections of--
(A) cruise vessel environmental compliance records and
procedures; and
(B) the functionality and proper operation of installed
equipment for abatement and control of any cruise vessel
discharge (which equipment shall include equipment intended
to treat sewage, graywater, or bilge water);
(3) require the sampling and testing of cruise vessel
discharges that require the owner, operator, or master, or
other individual in charge, of a cruise vessel--
(A) to conduct that sampling or testing; and
(B) to produce any records of the sampling or testing;
(4) require any owner, operator, or master, or other
individual in charge, of a cruise vessel who has knowledge of
a discharge from the cruise vessel in violation of this Act
(including regulations promulgated under this Act) to
immediately report that discharge to the Commandant (who
shall provide notification of the discharge to the
Administrator); and
(5) require the owner, operator, or master, or other
individual in charge, of a cruise vessel to provide to the
Commandant and Administrator a blueprint of each cruise
vessel that includes the location of every discharge pipe and
valve.
(c) Evidence of Compliance.--
(1) Vessel of the united states.--
(A) In general.--A cruise vessel registered in the United
States to which this Act applies shall have a certificate of
inspection issued by the Commandant.
(B) Issuance of certificate.--The Commandant may issue a
certificate described in subparagraph (A) only after the
cruise vessel has been examined and found to be in compliance
with this Act, including prohibitions on discharges and
requirements for effluent limits, as determined by the
Commandant.
(C) Validity of certificate.--A certificate issued under
this paragraph--
(i) shall be valid for a period of not more than 5 years,
beginning on the date of issuance of the certificate;
(ii) may be renewed as specified by the Commandant; and
(iii) shall be suspended or revoked if the Commandant
determines that the cruise vessel for which the certificate
was issued is not in compliance with the conditions under
which the certificate was issued.
(D) Special certificates.--The Commandant may issue special
certificates to certain vessels that exhibit compliance with
this Act and other best practices, as determined by the
Commandant.
(2) Foreign vessel.--
(A) In general.--A cruise vessel registered in a country
other than the United States to which this Act applies may
operate in the waters of the United States, or visit a port
or place under the jurisdiction of the United States, only if
the cruise vessel has been issued a certificate of compliance
by the Commandant.
(B) Issuance of certificate.--The Commandant may issue a
certificate described in subparagraph (A) to a cruise vessel
only after the cruise vessel has been examined and found to
be in compliance with this Act, including prohibitions on
discharges and requirements for effluent limits, as
determined by the Commandant.
(C) Acceptance of foreign documentation.--The Commandant
may consider a certificate, endorsement, or document issued
by the government of a foreign country under a treaty,
convention, or other international agreement to which the
United States is a party, in issuing a certificate of
compliance under this paragraph. Such a certificate,
endorsement, or document shall not serve as a proxy for
certification of compliance with this Act.
(D) Validity of certificate.--A certificate issued under
this section--
(i) shall be valid for a period of not more than 24 months,
beginning on the date of issuance of the certificate;
(ii) may be renewed as specified by the Commandant; and
(iii) shall be suspended or revoked if the Commandant
determines that the cruise vessel for which the certificate
was issued is not in compliance with the conditions under
which the certificate was issued.
(d) Cruise Observer Pilot Program.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall establish, and
for each of fiscal years 2006 through 2008, shall carry out,
a program for the placement of 2 or more independent
observers on cruise vessels for the purpose of monitoring and
inspecting cruise vessel operations, equipment, and
discharges to ensure compliance with--
(A) this Act (including regulations promulgated under this
Act); and
(B) all other relevant Federal laws and international
agreements.
(2) Responsibilities.--An observer described in paragraph
(1) shall--
(A) observe and inspect--
(i) onboard environmental treatment systems;
(ii) use of shore-based treatment and storage facilities;
(iii) discharges and discharge practices; and
(iv) blueprints, logbooks, and other relevant information;
(B) have the authority to interview and otherwise query any
crew member with knowledge of vessel operations;
(C) have access to all data and information made available
to government officials under this section; and
(D) immediately report any known or suspected violation of
this Act or any other applicable Federal law or international
agreement to--
(i) the Coast Guard; and
(ii) the Environmental Protection Agency.
(3) Report.--Not later than January 31, 2008, the
Commandant shall submit to Congress a report describing the
results, and recommendations for continuance, of the program
under this subsection.
(e) Onboard Monitoring System Pilot Program.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the National
Oceanic and Atmospheric Administration, in consultation with
the Administrator and the Commandant, shall establish, and
for each of fiscal years 2006 through 2011, shall carry out,
with industry partners as necessary, a pilot program to
develop and promote commercialization of technologies to
provide real-time data to Federal agencies regarding--
(A) graywater and sewage discharges from cruise vessels;
and
(B) functioning of cruise vessel components relating to
pollution control.
(2) Technology requirements.--Technologies developed under
the program under this subsection--
(A) shall have the ability to record--
(i) the location and time of discharges from cruise
vessels;
(ii) the source, content, and volume of those discharges;
and
(iii) the state of components relating to pollution control
at the time of the discharges, including whether the
components are operating correctly; and
(B) shall be tested on not less than 10 percent of all
cruise vessels operating in the territorial sea of the United
States, including large and small vessels.
(3) Participation of industry.--
(A) Competitive selection process.--Industry partners
willing to participate in the program may do so through a
competitive selection process conducted by the Administrator
of the National Oceanic and Atmospheric Administration.
(B) Contribution.--A selected industry partner shall
contribute not less than 20 percent of the cost of the
project in which the industry partner participates.
(4) Report.--Not later than January 31, 2008, the
Administrator of the National Oceanic and Atmospheric
Administration shall submit to Congress a report describing
the results, and recommendations for continuance, of the
program under this subsection.
SEC. 7. EMPLOYEE PROTECTION.
(a) Prohibition of Discrimination Against Persons Filing,
Instituting, or Testifying
[[Page S3661]]
in Proceedings Under This Act.--No person shall terminate the
employment of, or in any other way discriminate against (or
cause the termination of employment of or discrimination
against), any employee or any authorized representative of
employees by reason of the fact that the employee or
representative--
(1) has filed, instituted, or caused to be filed or
instituted any proceeding under this Act; or
(2) has testified or is about to testify in any proceeding
resulting from the administration or enforcement of the
provisions of this Act.
(b) Application for Review; Investigation; Hearings;
Review.--
(1) In general.--An employee or a representative of
employees who believes that the termination of the employment
of the employee has occurred, or that the employee has been
discriminated against, as a result of the actions of any
person in violation of subsection (a) may, not later than 30
days after the date on which the alleged violation occurred,
apply to the Secretary of Labor for a review of the alleged
termination of employment or discrimination.
(2) Application.--A copy of an application for review filed
under paragraph (1) shall be sent to the respondent.
(3) Investigation.--
(A) In general.--On receipt of an application for review
under paragraph (1), the Secretary of Labor shall carry out
an investigation of the complaint.
(B) Requirements.--In carrying out this subsection, the
Secretary of Labor shall--
(i) provide an opportunity for a public hearing at the
request of any party to the review to enable the parties to
present information relating to the alleged violation;
(ii) ensure that, at least 5 days before the date of the
hearing, each party to the hearing is provided written notice
of the time and place of the hearing; and
(iii) ensure that the hearing is on the record and subject
to section 554 of title 5, United States Code.
(C) Findings of commandant.--On completion of an
investigation under this paragraph, the Secretary of Labor
shall--
(i) make findings of fact;
(ii) if the Secretary of Labor determines that a violation
did occur, issue a decision, incorporating an order and the
findings, requiring the person that committed the violation
to take such action as is necessary to abate the violation,
including the rehiring or reinstatement, with compensation,
of an employee or representative of employees to the former
position of the employee or representative; and
(iii) if the Secretary of Labor determines that there was
no violation, issue an order denying the application.
(D) Order.--An order issued by the Secretary of Labor under
subparagraph (C) shall be subject to judicial review in the
same manner as orders and decisions of the Administrator are
subject to judicial review under this Act.
(c) Costs and Expenses.--In any case in which an order is
issued under this section to abate a violation, at the
request of the applicant, a sum equal to the aggregate amount
of all costs and expenses (including attorney's fees), as
determined by the Secretary of Labor, to have been reasonably
incurred by the applicant for, or in connection with, the
institution and prosecution of the proceedings, shall be
assessed against the person committing the violation.
(d) Deliberate Violations by Employee Acting Without
Direction From Employer or Agent.--This section shall not
apply to any employee that, without direction from the
employer of the employee (or agent of the employer),
deliberately violates any provision of this Act.
SEC. 8. JUDICIAL REVIEW.
(a) Review of Actions by Administrator or Commandant;
Selection of Court; Fees.--
(1) Review of actions.--
(A) In general.--Any interested person may petition for a
review, in the United States circuit court for the circuit in
which the person resides or transacts business directly
affected by the action of which review is requested--
(i) of an action of the Commandant in promulgating any
effluent limit under section 5; or
(ii) of an action of the Commandant in carrying out an
inspection, sampling, or testing under section 6.
(B) Deadline for review.--A petition for review under
subparagraph (A) shall be made--
(i) not later than 120 days after the date of promulgation
of the limit or standard relating to the review sought; or
(ii) if the petition for review is based solely on grounds
that arose after the date described in clause (i), as soon as
practicable after that date.
(2) Civil and criminal enforcement proceedings.--An action
of the Commandant or Administrator with respect to which
review could have been obtained under paragraph (1) shall not
be subject to judicial review in any civil or criminal
proceeding for enforcement.
(3) Award of fees.--In any judicial proceeding under this
subsection, a court may award costs of litigation (including
reasonable attorney and expert witness fees) to any
prevailing or substantially prevailing party in any case in
which the court determines such an award to be appropriate.
(b) Additional Evidence.--
(1) In general.--In any judicial proceeding instituted
under subsection (a) in which review is sought of a
determination under this Act required to be made on the
record after notice and opportunity for hearing, if any party
applies to the court for leave to adduce additional evidence,
and demonstrates to the satisfaction of the court that the
additional evidence is material and that there were
reasonable grounds for the failure to adduce the evidence in
the proceeding before the Commandant or Administrator, the
court may order the additional evidence (and evidence in
rebuttal of the additional evidence) to be taken before the
Commandant or Administrator, in such manner and on such terms
and conditions as the court determines to be appropriate.
(2) Modification of findings.--On admission of additional
evidence under paragraph (1), the Commandant or
Administrator--
(A) may modify findings of fact of the Commandant or
Administrator, as the case may be, relating to a judicial
proceeding, or make new findings of fact, by reason of the
additional evidence so admitted; and
(B) shall file with the return of the additional evidence
any modified or new findings, and any related
recommendations, for the modification or setting aside of any
original determinations of the Commandant or Administrator.
SEC. 9. ENFORCEMENT.
(a) In General.--Any person that violates section 4 or any
regulation promulgated under this Act may be assessed--
(1) a class I or class II penalty described in subsection
(b); or
(2) a civil penalty in a civil action under subsection (c).
(b) Amount of Administrative Penalty.--
(1) Class i.--The amount of a class I civil penalty under
subsection (a)(1) may not exceed--
(A) $10,000 per violation; or
(B) $25,000 in the aggregate, in the case of multiple
violations.
(2) Class ii.--The amount of a class II civil penalty under
subsection (a)(1) may not exceed--
(A) $10,000 per day for each day during which the violation
continues; or
(B) $125,000 in the aggregate, in the case of multiple
violations.
(3) Separate violations.--Each day on which a violation
continues shall constitute a separate violation.
(4) Determination of amount.--In determining the amount of
a civil penalty under subsection (a)(1), the Commandant or
the court, as appropriate, shall consider--
(A) the seriousness of the violation;
(B) any economic benefit resulting from the violation;
(C) any history of violations;
(D) any good-faith efforts to comply with the applicable
requirements;
(E) the economic impact of the penalty on the violator; and
(F) such other matters as justice may require.
(5) Procedure for class i penalty.--
(A) In general.--Before assessing a civil penalty under
this subsection, the Commandant shall provide to the person
to be assessed the penalty--
(i) written notice of the proposal of the Commandant to
assess the penalty; and
(ii) the opportunity to request, not later than 30 days
after the date on which the notice is received by the person,
a hearing on the proposed penalty.
(B) Hearing.--A hearing described in subparagraph (A)(ii)--
(i) shall not be subject to section 554 or 556 of title 5,
United States Code; but
(ii) shall provide a reasonable opportunity to be heard and
to present evidence.
(6) Procedure for class ii penalty.--
(A) In general.--Except as otherwise provided in this
subsection, a class II civil penalty shall be assessed and
collected in the same manner, and subject to the same
provisions, as in the case of civil penalties assessed and
collected after notice and an opportunity for a hearing on
the record in accordance with section 554 of title 5, United
States Code.
(B) Rules.--The Commandant may promulgate rules for
discovery procedures for hearings under this subsection.
(7) Rights of interested persons.--
(A) Public notice.--Before issuing an order assessing a
class II civil penalty under this subsection, the Commandant
shall provide public notice of and reasonable opportunity to
comment on the proposed issuance of each order.
(B) Presentation of evidence.--
(i) In general.--Any person that comments on a proposed
assessment of a class II civil penalty under this subsection
shall be given notice of--
(I) any hearing held under this subsection; and
(II) any order assessing the penalty.
(ii) Hearing.--In any hearing described in clause (i)(I), a
person described in clause (i) shall have a reasonable
opportunity to be heard and to present evidence.
(C) Rights of interested persons to a hearing.--
(i) In general.--If no hearing is held under subparagraph
(B) before the date of issuance of an order assessing a class
II civil penalty under this subsection, any person that
commented on the proposed assessment may, not later than 30
days after the date of issuance of the order, petition the
Commandant--
(I) to set aside the order; and
(II) to provide a hearing on the penalty.
[[Page S3662]]
(ii) New evidence.--If any evidence presented by a
petitioner in support of the petition under clause (i) is
material and was not considered in the issuance of the order,
as determined by the Commandant, the Commandant shall
immediately--
(I) set aside the order; and
(II) provide a hearing in accordance with subparagraph
(B)(ii).
(iii) Denial of hearing.--If the Commandant denies a
hearing under this subparagraph, the Commandant shall provide
to the petitioner, and publish in the Federal Register,
notice of and the reasons for the denial.
(8) Finality of order.--
(A) In general.--An order assessing a class II civil
penalty under this subsection shall become final on the date
that is 30 days after the date of issuance of the order
unless, before that date--
(i) a petition for judicial review is filed under paragraph
(10); or
(ii) a hearing is requested under paragraph (7)(C).
(B) Denial of hearing.--If a hearing is requested under
paragraph (7)(C) and subsequently denied, an order assessing
a class II civil penalty under this subsection shall become
final on the date that is 30 days after the date of the
denial.
(9) Effect of action on compliance.--No action by the
Commandant under this subsection shall affect the obligation
of any person to comply with any provision of this Act.
(10) Judicial review.--
(A) In general.--Any person against which a civil penalty
is assessed under this subsection, or that commented on the
proposed assessment of such a penalty in accordance with
paragraph (7), may obtain review of the assessment in a court
described in subparagraph (B) by--
(i) filing a notice of appeal with the court within the 30-
day period beginning on the date on which the civil penalty
order is issued; and
(ii) simultaneously sending a copy of the notice by
certified mail to the Commandant and the Attorney General.
(B) Courts of jurisdiction.--Review of an assessment under
subparagraph (A) may be obtained by a person--
(i) in the case of assessment of a class I civil penalty,
in--
(I) the United States District Court for the District of
Columbia; or
(II) the United States district court for the district in
which the violation occurred; or
(ii) in the case of assessment of a class II civil penalty,
in--
(I) the United States Court of Appeals for the District of
Columbia Circuit; or
(II) the United States circuit court for any other circuit
in which the person resides or transacts business.
(C) Copy of record.--On receipt of notice under
subparagraph (A)(ii), the Commandant, shall promptly file
with the appropriate court a certified copy of the record on
which the order assessing a civil penalty that is the subject
of the review was issued.
(D) Substantial evidence.--A court with jurisdiction over a
review under this paragraph--
(i) shall not set aside or remand an order described in
subparagraph (C) unless--
(I) there is not substantial evidence in the record, taken
as a whole, to support the finding of a violation; or
(II) the assessment by the Commandant of the civil penalty
constitutes an abuse of discretion; and
(ii) shall not impose additional civil penalties for the
same violation unless the assessment by the Commandant of the
civil penalty constitutes an abuse of discretion.
(11) Collection.--
(A) In general.--If any person fails to pay an assessment
of a civil penalty after the assessment has become final, or
after a court in a proceeding under paragraph (10) has
entered a final judgment in favor of the Commandant, the
Commandant shall request the Attorney General to bring a
civil action in an appropriate district court to recover--
(i) the amount assessed; and
(ii) interest that has accrued on the amount assessed, as
calculated at currently prevailing rates beginning on the
date of the final order or the date of the final judgment, as
the case may be.
(B) Nonreviewability.--In an action to recover an assessed
civil penalty under subparagraph (A), the validity, amount,
and appropriateness of the civil penalty shall not be subject
to judicial review.
(C) Failure to pay penalty.--Any person that fails to pay,
on a timely basis, the amount of an assessment of a civil
penalty under subparagraph (A) shall be required to pay, in
addition to the amount of the civil penalty and accrued
interest--
(i) attorney's fees and other costs for collection
proceedings; and
(ii) for each quarter during which the failure to pay
persists, a quarterly nonpayment penalty in an amount equal
to 20 percent of the aggregate amount of the assessed civil
penalties and nonpayment penalties of the person that are
unpaid as of the beginning of the quarter.
(12) Subpoenas.--
(A) In general.--The Commandant may issue subpoenas for the
attendance and testimony of witnesses and the production of
relevant papers, books, or documents in connection with
hearings under this subsection.
(B) Refusal to obey.--In case of contumacy or refusal to
obey a subpoena issued under this paragraph and served on any
person--
(i) the United States district court for any district in
which the person is found, resides, or transacts business, on
application by the United States and after notice to the
person, shall have jurisdiction to issue an order requiring
the person to appear and give testimony before the Commandant
or to appear and produce documents before the Commandant; and
(ii) any failure to obey such an order of the court may be
punished by the court as a contempt of the court.
(c) Civil Action.--The Commandant may commence, in the
United States district court for the district in which the
defendant is located, resides, or transacts business, a civil
action to impose a civil penalty under this subsection in an
amount not to exceed $25,000 for each day of violation.
(d) Criminal Penalties.--
(1) Negligent violations.--A person that negligently
violates section 4 or any regulation promulgated under this
Act commits a Class A misdemeanor.
(2) Knowing violations.--Any person that knowingly violates
section 4 or any regulation promulgated under this Act
commits a Class D felony.
(3) False statements.--Any person that knowingly makes any
false statement, representation, or certification in any
record, report, or other document filed or required to be
maintained under this Act or any regulation promulgated under
this Act, or that falsifies, tampers with, or knowingly
renders inaccurate any testing or monitoring device or method
required to be maintained under this Act or any regulation
promulgated under this Act, commits a Class D felony.
(e) Rewards.--
(1) Payments to individuals.--
(A) In general.--The Commandant or the court, as the case
may be, may order payment, from a civil penalty or criminal
fine collected under this section, of an amount not to exceed
\1/2\ of the civil penalty or fine, to any individual who
furnishes information that leads to the payment of the civil
penalty or criminal fine.
(B) Multiple individuals.--If 2 or more individuals provide
information described in subparagraph (A), the amount
available for payment as a reward shall be divided equitably
among the individuals.
(C) Ineligible individuals.--No officer or employee of the
United States, a State, or an Indian tribe who furnishes
information or renders service in the performance of the
official duties of the officer or employee shall be eligible
for a reward payment under this subsection.
(2) Payments to states or indian tribes.--The Commandant or
the court, as the case may be, may order payment, from a
civil penalty or criminal fine collected under this section,
to a State or Indian tribe providing information or
investigative assistance that leads to payment of the penalty
or fine, of an amount that reflects the level of information
or investigative assistance provided.
(3) Payments divided among states, indian tribes, and
individuals.--In a case in which a State or Indian tribe and
an individual under paragraph (1) are eligible to receive a
reward payment under this subsection, the Commandant or the
court shall divide the amount available for the reward
equitably among those recipients.
(f) Liability in Rem.--A cruise vessel operated in
violation of this Act or any regulation promulgated under
this Act--
(1) shall be liable in rem for any civil penalty or
criminal fine imposed under this section; and
(2) may be subject to a proceeding instituted in the United
States district court for any district in which the cruise
vessel may be found.
(g) Compliance Orders.--
(1) In general.--If the Commandant determines that any
person is in violation of section 4 or any regulation
promulgated under this Act, the Commandant shall--
(A) issue an order requiring the person to comply with the
section or requirement; or
(B) bring a civil action in accordance with subsection (b).
(2) Copies of order, service.--
(A) Corporate orders.--In any case in which an order under
this subsection is issued to a corporation, a copy of the
order shall be served on any appropriate corporate officer.
(B) Method of service; specifications.--An order issued
under this subsection shall--
(i) be by personal service;
(ii) state with reasonable specificity the nature of the
violation for which the order was issued; and
(iii) specify a deadline for compliance that is not later
than--
(I) 30 days after the date of issuance of the order, in the
case of a violation of an interim compliance schedule or
operation and maintenance requirement; and
(II) such date as the Commandant, taking into account the
seriousness of the violation and any good faith efforts to
comply with applicable requirements, determines to be
reasonable, in the case of a violation of a final deadline.
(h) Civil Actions.--
(1) In general.--The Commandant may commence a civil action
for appropriate relief, including a permanent or temporary
injunction, for any violation for which the Commandant is
authorized to issue a compliance order under this subsection.
(2) Court of jurisdiction.--
(A) In general.--A civil action under this subsection may
be brought in the United
[[Page S3663]]
States district court for the district in which the defendant
is located, resides, or is doing business.
(B) Jurisdiction.--A court described in subparagraph (A)
shall have jurisdiction to grant injunctive relief to address
a violation, and require compliance, by the defendant.
SEC. 10. CITIZEN SUITS.
(a) Authorization.--Except as provided in subsection (c),
any citizen may commence a civil action on his or her own
behalf--
(1) against any person (including the United States and any
other governmental instrumentality or agency to the extent
permitted by the eleventh amendment of the Constitution) that
is alleged to be in violation of--
(A) the conditions imposed by section 4;
(B) an effluent limit or management standard under this
Act; or
(C) an order issued by the Administrator or Commandant with
respect to such a condition, effluent limit, or performance
standard; or
(2) against the Administrator or Commandant, in a case in
which there is alleged a failure by the Administrator or
Commandant to perform any nondiscretionary act or duty under
this Act.
(b) Jurisdiction.--The United States district courts shall
have jurisdiction, without regard to the amount in
controversy or the citizenship of the parties--
(1) to enforce a condition, effluent limit, performance
standard, or order described in subsection (a)(1);
(2) to order the Administrator or Commandant to perform a
nondiscretionary act or duty described in subsection (a)(2);
and
(3) to apply any appropriate civil penalties under section
9(b).
(c) Notice.--No action may be commenced under this
section--
(1) before the date that is 60 days after the date on which
the plaintiff gives notice of the alleged violation--
(A) to the Administrator or Commandant; and
(B) to any alleged violator of the condition, limit,
standard, or order; or
(2) if the Administrator or Commandant has commenced and is
diligently prosecuting a civil or criminal action on the same
matter in a court of the United States (but in any such
action, a citizen may intervene as a matter of right).
(d) Venue.--
(1) In general.--Any civil action under this section shall
be brought in--
(A) the United States District Court for the District of
Columbia; or
(B) any other United States district court for any judicial
district in which a cruise vessel or the owner or operator of
a cruise vessel are located.
(2) Intervention.--In a civil action under this section,
the Administrator or the Commandant, if not a party, may
intervene as a matter of right.
(3) Procedures.--
(A) Service.--In any case in which a civil action is
brought under this section in a court of the United States,
the plaintiff shall serve a copy of the complaint on--
(i) the Attorney General;
(ii) the Administrator; and
(iii) the Commandant.
(B) Consent judgments.--No consent judgment shall be
entered in a civil action under this section to which the
United States is not a party before the date that is 45 days
after the date of receipt of a copy of the proposed consent
judgment by--
(i) the Attorney General;
(ii) the Administrator; and
(iii) the Commandant.
(e) Litigation Costs.--
(1) In general.--A court of jurisdiction, in issuing any
final order in any civil action brought in accordance with
this section, may award costs of litigation (including
reasonable attorney's and expert witness fees) to any
prevailing or substantially prevailing party, in any case in
which the court determines that such an award is appropriate.
(2) Security.--In any civil action under this section, the
court of jurisdiction may, if a temporary restraining order
or preliminary injunction is sought, require the filing of a
bond or equivalent security in accordance with the Federal
Rules of Civil Procedure.
(f) Statutory or Common Law Rights Not Restricted.--Nothing
in this section restricts the rights of any person (or class
of persons) under any statute or common law to seek
enforcement or other relief (including relief against the
Administrator or Commandant).
(g) Civil Action by State Governors.--A Governor of a State
may commence a civil action under subsection (a) of this
section, without regard to the limitation under subsection
(c), against the Administrator or Commandant in any case in
which there is alleged a failure of the Administrator or
Commandant to enforce an effluent limit or performance
standard under this Act, the violation of which is causing--
(1) an adverse effect on the public health or welfare in
the State; or
(2) a violation of any water quality requirement in the
State.
SEC. 11. ALASKAN CRUISE VESSELS.
(a) Definition of Alaskan Cruise Vessel.--In this section,
the term ``Alaskan cruise vessel'' means a cruise vessel--
(1) that seasonally operates in water of or surrounding the
State of Alaska;
(2) in which is installed, not later than the date of
enactment of this Act (or, at the option of the Commandant,
not later than September 30 of the fiscal year in which this
Act is enacted), and certified by the State of Alaska for
continuous discharge and operation in accordance with all
applicable Federal and State law (including regulations), an
advanced treatment system for the treatment and discharge of
graywater and sewage; and
(3) that enters a port of the United States.
(b) Applicability.--
(1) In general.--Except as provided in paragraph (2), an
Alaskan cruise vessel shall not be subject to this Act
(including regulations promulgated under this Act) until the
date that is 15 years after the date of enactment of this
Act.
(2) Exceptions.--An Alaskan cruise vessel--
(A) shall not be subject to the minimum effluent limits
prescribed under section 5(b) until the date that is 3 years
after the date of enactment of this Act;
(B) shall not be subject to effluent limits promulgated
under section 5(a) or 5(c) until the date that is 6 years
after the date of enactment of this Act; and
(C) shall be prohibited from discharging sewage, graywater,
and bilge water in the territorial sea, in accordance with
this Act, as of the date of enactment of this Act.
SEC. 12. BALLAST WATER.
It is the sense of Congress that action should be taken to
enact legislation requiring strong, mandatory standards for
ballast water to reduce the threat of aquatic invasive
species.
SEC. 13. FUNDING.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to the Commandant and the Administrator
such sums as are necessary to carry out this Act for each of
fiscal years 2006 through 2010.
(b) Cruise Vessel Pollution Control Fund.--
(1) Establishment.--There is established in the general
fund of the Treasury a separate account to be known as the
``Cruise Vessel Pollution Control Fund'' (referred to in this
section as the ``Fund'').
(2) Appropriation of amounts.--There are appropriated to
the Fund such amounts as are deposited in the Fund under
subsection (c)(5).
(3) Use of amounts in fund.--The Administrator and the
Commandant may use amounts in the fund, without further
appropriation, to carry out this Act.
(c) Fees on Cruise Vessels.--
(1) In general.--The Commandant shall establish and collect
from each cruise vessel a reasonable and appropriate fee, in
an amount not to exceed $10 for each paying passenger on a
cruise vessel voyage, for use in carrying out this Act.
(2) Adjustment of fee.--
(A) In general.--The Commandant shall biennially adjust the
amount of the fee established under paragraph (1) to reflect
changes in the Consumer Price Index for All Urban Consumers
published by the Department of Labor during each 2-year
period.
(B) Rounding.--The Commandant may round the adjustment in
subparagraph (A) to the nearest \1/10\ of a dollar.
(3) Factors in establishing fees.--
(A) In general.--In establishing fees under paragraph (1),
the Commandant may establish lower levels of fees and the
maximum amount of fees for certain classes of cruise vessels
based on--
(i) size;
(ii) economic share; and
(iii) such other factors as are determined to be
appropriate by the Commandant and Administrator.
(B) Fee schedules.--Any fee schedule established under
paragraph (1), including the level of fees and the maximum
amount of fees, shall take into account--
(i) cruise vessel routes;
(ii) the frequency of stops at ports of call by cruise
vessels; and
(iii) other relevant considerations.
(4) Collection of fees.--A fee established under paragraph
(1) shall be collected by the Commandant from the owner or
operator of each cruise vessel to which this Act applies.
(5) Deposits to fund.--Notwithstanding any other provision
of law, all fees collected under this subsection, and all
penalties and payments collected for violations of this Act,
shall be deposited into the Fund.
SEC. 14. EFFECT ON OTHER LAW.
(a) United States.--Nothing in this Act restricts, affects,
or amends any other law or the authority of any department,
instrumentality, or agency of the United States.
(b) States and Interstate Agencies.--
(1) In general.--Except as provided in paragraph (2),
nothing in this Act precludes or denies the right of any
State (including a political subdivision of a State) or
interstate agency to adopt or enforce--
(A) any standard or limit relating to the discharge of
pollutants by cruise ships; or
(B) any requirement relating to the control or abatement of
pollution.
(2) Exception.--If an effluent limit, performance standard,
water quality standard, or any other prohibition or
limitation is in effect under Federal law, a State (including
a political subdivision of a State) or interstate agency
described in paragraph (1) may not adopt or enforce any
effluent limit, performance standard, water quality standard,
or any other prohibition that--
(A) is less stringent than the effluent limit, performance
standard, water quality standard, or other prohibition or
limitation under this Act; or
[[Page S3664]]
(B) impairs or in any manner affects any right or
jurisdiction of the State with respect to the waters of the
State.
______
By Mr. HARKIN:
S. 794. A bill to amend title 23, United States Code, to improve the
safety of nonmotorized transportation, including bicycle and pedestrian
safety; to the Committee on Commerce, Science, and Transportation.
By Mr. HARKIN. Mr. President, I am pleased to introduce the ``Safe
and Complete Streets Act of 2005.''
This legislation helps put this Nation on the path to a safer and,
importantly, healthier America, by making some very modest adjustments
in how State transportation departments and regional and local
transportation agencies address the safety needs of pedestrians and
bicyclists.
This proposal is being introduced today to ensure greater attention
to the ``SAFETEA'' elements of the surface transportation renewal bill
that will come before the Senate in the coming weeks. With some
selected, but modest, adjustments to this surface transportation
legislation, we can improve the safety of pedestrians and bicyclists.
And with that improved safety, we make it easier for Americans to walk
and use bicycles to meet their transportation needs, whether to work,
for errands or for simple exercise and enjoyment.
Currently, safety concerns reduce the comfort of many people to move
by foot and bicycle. Many roadways simply do not have sidewalks. And it
is a particular problem for our growing elderly population. In many
cases, the timing of lights makes it difficult for the elderly and
those with a disability to simply get from one side of a busy
intersection to another.
There is clearly a need for further progress in this area. Consider
that nearly 52,000 pedestrians and more than 7,400 bicyclists were
killed in the most recent 10-year period, ending 2003. And, we know
that many of these deaths, and thousands of more injuries, are
avoidable, if we commit ourselves to doing those things that make a
difference.
This bill proposes three important changes to current law. First, it
insists that Federal, State and local agencies receiving billions of
dollars in federal transportation funds modernize their processes--how
they plan, what they study and how they lead--so that the safety of
pedestrians and bicyclists are more fully considered. Second, it
ensures that investments we make today don't add to the problems we
already have, which is the burden of retrofitting and reengineering
existing transportation networks because we forgot about pedestrians
and bicyclists. Finally, it commits additional resources to a national
priority need--getting our children to schools safely on foot and
bicycles through a stronger funding commitment to Safe Routes to
School.
The Senate will soon take up a surface transportation renewal plan
that already includes key provisions to help us make further progress
on the safety needs of nonmotorized travelers. The ``Safe and Complete
Streets Act of 2005'' is specifically designed and developed to
complement the efforts in the committee passed measure. Only in two
areas, pertaining to the Safe Routes to School initiative and a small
nonmotorized pilot program, does this legislation propose any
additional funding commitments. All other aspects of the legislation
before you today build upon existing commitments and existing features
of current law.
Let me speak briefly to the issues of the Safe Routes to School
program specifically. This legislation proposes to raise the Senate's
commitment to increased safety for our school age kids by slightly more
than $100 million annually over the level in the surface transportation
bill that the Senate will soon consider.
I am proposing this modest increase in spending because there is a
crtical need for us to accelerate what we are doing to protect our most
exposed citizens, our school age children. This Nation has spent the
last two generations getting kids into cars and buses, rather than on
foot or bicycles.
Now, we are reaping the harvest. Billions more in added
transportation costs for our schools districts to bus our kids to
schools. Added congestion on our roadways as families transport their
kids to school by I private automobile, clogging traffic at the worst
time possible, during the morning commute. In Marin County, CA, a pilot
program has demonstrated substantial success in reducing congestion by
shifting children to walking and riding their bikes to school.
In addition, we see rising obesity in our children and looming public
health challenges over the next several generations, and even shortened
life expectancy. We need to promote walking for both health and
transportation purposes.
The ``Safe and Complete Streets Act of 2005'' will not only promote
the safety of pedestrians and bicyclists, it also will provide benefits
to society from smarter use of tax dollars, and by focusing on safety
first. I urge my Senate colleagues to join with me in supporting this
important legislation.
I am pleased to announce that it has the support of the following
eleven national organizations: AARP, American Bikes, American Heart
Association, American Public Health Association, American Society of
Landscape Architects, American Planning Association, League of American
Bicyclists, National Center for Bicycling & Walking, Paralyzed Veterans
of America, Rail-to-Trails Conservancy and the Surface Transportation
Policy Project.
______
By Mr. DODD (for himself and Mr. Warner):
S. 795, A bill to provide driver safety grants to States with
graduated driver licensing laws that meet certain minimum requirements;
to the Committee on Environment and Public Works.
Mr. DODD. Mr. President, I rise with my colleague from Virginia,
Senator Warner, to introduce the Safe Teen and Novice Driver Uniform
Protection (STAND UP) Act of 2005--an important piece of legislation
that seeks to protect and ensure the lives of the 20 million teenage
drivers in our country.
We all know that the teenage years represent an important formative
stage in a person's life. They are a bridge between childhood and
adulthood--the transitional and often challenging period during which a
person will first gain an inner awareness of his or her identity. The
teenage years encompass a time for discovery, a time for growth, and a
time for gaining independence--all of which ultimately help boys and
girls transition successfully into young men and women.
As we also know, the teenage years also encompass a time for risk-
taking. A groundbreaking study to be published soon by the National
Institutes of Health concludes that the frontal lobe region of the
brain which inhibits risky behavior is not fully formed until the age
of 25. In my view, this important report implies that we approach
teenagers' behavior with a new sensitivity. It also implies that we
have a societal obligation to steer teenagers towards positive risk-
taking that fosters further growth and development and away from
negative risk-taking that has an adverse effect on their well-being and
the well-being of others.
Unfortunately, we see all too often this negative risk-taking in
teenagers when they are behind the wheel of a motor vehicle. We see all
too often how this risk-taking needlessly endangers the life of a
teenage driver, his or her passengers, and other drivers on the road.
And we see all too often the tragic results of this risk-taking when
irresponsible and reckless behavior behind the wheel of a motor vehicle
causes severe harm and death.
According to the National Transportation Safety Board, motor vehicle
crashes are the leading cause of death for Americans between 15 and 20
years of age. In 2002, teenage drivers, who constituted only 6.4
percent of all drivers, were involved in 14.3 percent of all fatal
motor vehicle crashes. In 2003, 5,691 teenage drivers were killed in
motor vehicle crashes and 300,000 teenage drivers suffered injuries in
motor vehicle crashes.
The National Highway Traffic Safety Administration reports that
teenage drivers have a fatality rate that is four times higher than the
average fatality rate for drivers between 25 and 70 years of age.
Furthermore, teenage drivers who are 16 years of age have a motor
vehicle crash rate that is almost ten times the crash rate for drivers
between the ages of 30 and 60.
Finally, the Insurance Institute for Highway Safety concludes
that the chance of a crash by a driver either 16
[[Page S3665]]
or 17 years of age is doubled if there are two peers in the motor
vehicle and quadrupled with three or more peers in the vehicle.
Crashes involving teenage injuries or fatalities are often
highprofile tragedies in the area where they occur. However, when taken
together, these individual tragedies speak to a national problem
clearly illustrated by the staggering statistics I just mentioned. It
is a problem that adversely affects teenage drivers, their passengers,
and literally everyone else who operates or rides in a motor vehicle.
Clearly, more work must be done to design and implement innovative
methods that educate our young drivers on the awesome responsibilities
that are associated with operating a motor vehicle safely.
One such method involves implementing and enforcing a graduated
driver's license system, or a GDL system. Under a typical GDL system, a
teenage driver passes through several sequential learning stages before
earning the full privileges associated with an unrestricted driver's
license. Each learning stage is designed to teach a teenage driver
fundamental lessons on driver operations, responsibilities, and safety.
Each stage also imposes certain restrictions, such as curfews on
nighttime driving and limitations on passengers, that further ensure
the safety of the teenage driver, his or her passengers, and other
motorists.
First implemented over ten years ago, three-stage GDL systems now
exist in 38 States. Furthermore, every State in the country has adopted
at least one driving restriction for new teenage drivers. Several
studies have concluded that GDL systems and other license restriction
measures have been linked to an overall reduction on the number of
teenage driver crashes and fatalities. In 1997, in the first full year
that its GDL system was in effect, Florida experienced a 9 percent
reduction in fatal and injurious motor vehicle crashes among teenage
drivers between 15 and 18 years of age. After GDL systems were
implemented in Michigan and North Carolina in 1997, the number of motor
vehicle crashes involving teenage drivers 16 years in age decreased in
each State by 25 percent and 27 percent, respectively. And in
California, the numbers of teenage passenger deaths and injuries in
crashes involving teenage drivers 16 years in age decreased by 40
percent between 1998 and 2000, the first three years that California's
GDL system was in effect. The number of ``at-fault'' crashes involving
teenage drivers decreased by 24 percent during the same period.
These statistics are promising and clearly show that many States are
taking an important first step towards addressing this enormous problem
concerning teenage driver safety. However, there is currently no
uniformity between States with regards to GDL system requirements and
other novice driver license restrictions. Some States have very strong
initiatives in place that promote safe teenage driving while others
have very weak initiatives in place. Given how many teenagers are
killed or injured in motor vehicle crashes each year, and given how
many other motorists and passengers are killed or injured in motor
vehicle crashes involving teenage drivers each year, Senator Warner and
I believe that the time has come for an initiative that sets a national
minimum safety standard for teen driving laws while giving each State
the flexibility to set additional standards that meet the more specific
needs of its teenage driver population. The bill that Senator Warner
and I are introducing today--the STANDUP Act--is such an initiative.
There are four principal components of this legislation about which I
would like to discuss.
First, The STANDUP Act mandates that all States implement a national
minimum safety standard for teenage drivers that contains three core
requirements recommended by the National Transportation Safety Board.
These requirements include implementing a three-stage GDL system,
implementing at least some prohibition on nighttime driving, and
placing a restriction on the number of passengers without adult
supervision.
Second, the STANDUP Act directs the Secretary of Transportation to
issue voluntary guidelines beyond the three core requirements that
encourage States to adopt additional standards that improve the safety
of teenage driving. These additional standards may include requiring
that the learner's permit and intermediate stages be six months each,
requiring at least 30 hours of behind-the-wheel driving for a novice
driver in the learner's permit stage in the company of a licensed
driver who is over 21 years of age, requiring a novice driver in the
learner's permit stage to be accompanied and supervised by a licensed
driver 21 years of age or older at all times when the novice driver is
operating a motor vehicle, and requiring that the granting of an
unrestricted driver's license be delayed automatically to any novice
driver in the learner's permit or intermediate stages who commits a
motor vehicle offense, such as driving while intoxicated,
misrepresenting his or her true age, reckless driving, speeding, or
driving without a fastened seatbelt.
Third, the STANDUP Act provides incentive grants to States that come
into compliance within three fiscal years. Calculated on a State's
annual share of the Highway Trust Fund, these incentive grants could be
used for activities such as training law enforcement and relevant State
agency personnel in the GDL law or publishing relevant educational
materials on the GDL law.
Finally, the STANDUP Act calls for sanctions to be imposed on States
that do not come into compliance after three fiscal years. The bill
withholds 1.5 percent of a State's Federal highway share after the
first fiscal year of non-compliance, three percent after the second
fiscal year, and six percent after the third fiscal year. The bill does
allow a State to reclaim any withheld funds if that State comes into
compliance within two fiscal years after the first fiscal year of non-
compliance.
There are those who will say that the STAND UP Act infringes on
States' rights. I respectfully disagree. I believe that working to
protect and ensure the lives and safety of the millions of teenage
drivers, their passengers, and other motorists in this country is
national in scope and a job that is rightly suited for Congress. I also
believe that the number of motor vehicle deaths and injuries associated
with teenage drivers each year compels us to address this important
national issue today and not tomorrow.
The teenage driving provisions within the STANDUP Act are both well-
known and popular with the American public. A Harris Poll conducted in
2001 found that 95 percent of Americans support a requirement of 30 to
50 hours of practice driving within an adult, 92 percent of Americans
support a six-month learner's permit stage, 74 percent of Americans
support limiting the number of teen passengers in a motor vehicle with
a teen driver, and 74 percent of Americans also support supervised or
restricted driving during high-risk periods such as nighttime. Clearly,
these numbers show that teen driving safety is an issue that transcends
party politics and is strongly embraced by a solid majority of
Americans. Therefore, I ask my colleagues today to join Senator Warner
and myself in protecting the lives of our teenagers and in supporting
this important legislation.
I ask unanimous consent that the text of this legislation be printed
in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 795
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 ``Safe Teen and Novice Driver
Uniform Protection Act of 2005'' or the ``STANDUP Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The National Transportation Safety Board has reported
that--
(A) in 2002, teen drivers, which constituted only 6.4
percent of all drivers, were involved in 14.3 percent of all
fatal motor vehicle crashes;
(B) motor vehicle crashes are the leading cause of death
for Americans between 15 and 20 years of age;
(C) between 1994 and 2003, almost 64,000 Americans between
15 and 20 years of age died in motor vehicle crashes, an
average of 122 per week; and
(D) in 2003--
(i) 3,657 American drivers between 15 and 20 years of age
were killed in motor vehicle crashes;
(ii) 300,000 Americans between 15 and 20 years of age were
injured in motor vehicle crashes; and
[[Page S3666]]
(iii) 7,884 American drivers between 15 and 20 years of age
were involved in fatal crashes, resulting in 9,088 total
fatalities, a 5 percent increase since 1993.
(2) Though only 20 percent of driving by young drivers
occurs at night, over 50 percent of the motor vehicle crash
fatalities involving young drivers occur at night.
(3) The National Highway Traffic Safety Administration has
reported that--
(A) 6,300,000 motor vehicle crashes claimed the lives of
nearly 43,000 Americans in 2003 and injured almost 3,000,000
more Americans;
(B) teen drivers between 16 and 20 years of age have a
fatality rate that is 4 times the rate for drivers between 25
and 70 years of age; and
(C) drivers who are 16 years of age have a motor vehicle
crash rate that is almost ten times the crash rate for
drivers aged between 30 and 60 years of age.
(4) According to the Insurance Institute for Highway
Safety, the chance of a crash by a 16- or 17-year-old driver
is doubled if there are 2 peers in the vehicle and quadrupled
with 3 or more peers in the vehicle.
(5) In 1997, the first full year of its graduated driver
licensing system, Florida experienced a 9 percent reduction
in fatal and injurious crashes among young drivers between
the ages of 15 and 18, compared with 1995, according the
Insurance Institute for Highway Safety.
(6) The Journal of the American Medical Association reports
that crashes involving 16-year-old drivers decreased between
1995 and 1999 by 25 percent in Michigan and 27 percent in
North Carolina. Comprehensive graduated driver licensing
systems were implemented in 1997 in these States.
(7) In California, according to the Automobile Club of
Southern California, teenage passenger deaths and injuries
resulting from crashes involving 16-year-old drivers declined
by 40 percent from 1998 to 2000, the first 3 years of
California's graduated driver licensing program. The number
of at-fault collisions involving 16-year-old drivers
decreased by 24 percent during the same period.
(8) The National Transportation Safety Board reports that
39 States and the District of Columbia have implemented 3-
stage graduated driver licensing systems. Many States have
not yet implemented these and other basic safety features of
graduated driver licensing laws to protect the lives of
teenage and novice drivers.
(9) A 2001 Harris Poll indicates that--
(A) 95 percent of Americans support a requirement of 30 to
50 hours of practice driving with an adult;
(B) 92 percent of Americans support a 6-month learner's
permit period; and
(C) 74 percent of Americans support limiting the number of
teen passengers in a car with a teen driver and supervised
driving during high-risk driving periods, such as night.
SEC. 3. STATE GRADUATED DRIVER LICENSING LAWS.
(a) Minimum Requirements.--A State is in compliance with
this section if the State has a graduated driver licensing
law that includes, for novice drivers under the age of 21--
(1) a 3-stage licensing process, including a learner's
permit stage and an intermediate stage before granting an
unrestricted driver's license;
(2) a prohibition on nighttime driving during the learner's
permit and intermediate stages;
(3) a prohibition, during the learner's permit intermediate
stages, from operating a motor vehicle with more than 1 non-
familial passenger under the age of 21 if there is no
licensed driver 21 years of age or older present in the motor
vehicle; and
(4) any other requirement that the Secretary of
Transportation (referred to in this Act as the ``Secretary'')
may require, including--
(A) a learner's permit stage of at least 6 months;
(B) an intermediate stage of at least 6 months;
(C) for novice drivers in the learner's permit stage--
(i) a requirement of at least 30 hours of behind-the-wheel
training with a licensed driver who is over 21 years of age;
and
(ii) a requirement that any such driver be accompanied and
supervised by a licensed driver 21 years of age or older at
all times when such driver is operating a motor vehicle; and
(D) a requirement that the grant of full licensure be
automatically delayed, in addition to any other penalties
imposed by State law for any individual who, while holding a
provisional license, convicted of an offense, such as driving
while intoxicated, misrepresentation of their true age,
reckless driving, unbelted driving, speeding, or other
violations, as determined by the Secretary.
(b) Rulemaking.--After public notice and comment rulemaking
the Secretary shall issue regulations necessary to implement
this section.
SEC. 4. INCENTIVE GRANTS.
(a) In General.--For each of the first 3 fiscal years
following the date of enactment of this Act, the Secretary
shall award a grant to any State in compliance with section
3(a) on or before the first day of that fiscal year that
submits an application under subsection (b).
(b) Application.--Any State desiring a grant under this
section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require, including a certification by the
governor of the State that the State is in compliance with
section 3(a).
(c) Grants.--For each fiscal year described in subsection
(a), amounts appropriated to carry out this section shall be
apportioned to each State in compliance with section 3(a) in
an amount determined by multiplying--
(1) the amount appropriated to carry out this section for
such fiscal year; by
(2) the ratio that the amount of funds apportioned to each
such State for such fiscal year under section 402 of title
23, United States Code, bears to the total amount of funds
apportioned to all such States for such fiscal year under
such section 402.
(d) Use of Funds.--Amounts received under a grant under
this section shall be used for--
(1) enforcement and providing training regarding the State
graduated driver licensing law to law enforcement personnel
and other relevant State agency personnel;
(2) publishing relevant educational materials that pertain
directly or indirectly to the State graduated driver
licensing law; and
(3) other administrative activities that the Secretary
considers relevant to the State graduated driver licensing
law.
(e) Authorization of Appropriations.--There are authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$25,000,000 for each of the fiscal years 2005 through 2009.
SEC. 5. WITHHOLDING OF FUNDS FOR NON-COMPLIANCE.
(a) In General.--
(1) Fiscal year 2010.--The Secretary shall withhold 1.5
percent of the amount otherwise required to be apportioned to
any State for fiscal year 2010 under each of the paragraphs
(1), (3), and (4) of section 104(b) of title 23, United
States Code, if that State is not in compliance with section
3(a) of this Act on October 1, 2009.
(2) Fiscal year 2011.--The Secretary shall withhold 3
percent of the amount otherwise required to be apportioned to
any State for fiscal year 2011 under each of the paragraphs
(1), (3), and (4) of section 104(b) of title 23, United
States Code, if that State is not in compliance with section
3(a) of this Act on October 1, 2010.
(3) Fiscal year 2012 and thereafter.--The Secretary shall
withhold 6 percent of the amount otherwise required to be
apportioned to any State for each fiscal year beginning with
fiscal year 2012 under each of the paragraphs (1), (3), and
(4) of section 104(b) of title 23, United States Code, if
that State is not in compliance with section 3(a) of this Act
on the first day of such fiscal year.
(b) Period of Availability of Withheld Funds.--
(1) Funds withheld on or before september 30, 2011.--Any
amount withheld from any State under subsection (a) on or
before September 30, 2011, shall remain available for
distribution to the State under subsection (c) until the end
of the third fiscal year following the fiscal year for which
such amount is appropriated.
(2) Funds withheld after september 30, 2011.--Any amount
withheld under subsection (a)(2) from any State after
September 30, 2011, may not be distributed to the State.
(c) Apportionment of Withheld Funds After Compliance.--
(1) In general.--If, before the last day of the period for
which funds withheld under subsection (a) are to remain
available to a State under subsection (b), the State comes
into compliance with section 3(a), the Secretary shall, on
the first day on which the State comes into compliance,
distribute to the State any amounts withheld under subsection
(a) that remains available for apportionment to the State.
(2) Period of availability of subsequently apportioned
funds.--Any amount distributed under paragraph (1) shall
remain available for expenditure by the State until the end
of the third fiscal year for which the funds are so
apportioned. Any amount not expended by the State by the end
of such period shall revert back to the Treasury of the
United States.
(3) Effect of non-compliance.--If a State is not in
compliance with section 3(a) at the end of the period for
which any amount withheld under subsection (a) remains
available for distribution to the State under subsection (b),
such amount shall revert back to the Treasury of the United
States.
______
By Ms. MURKOWSKI:
S. 796. A bill to amend the National Aquaculture Act of 1980 to
prohibit the issuance of permits for marine aquaculture facilities
until requirements for such permits are enacted into law; to the
Committee on Agriculture, Nutrition, and Forestry.
Ms. MURKOWSKI. Mr. President. I am today reintroducing a very
important bill on a subject that was not resolved last year, and which
continues to be an outstanding issue for those of us who are dependent
on healthy and productive natural populations of ocean fish and
shellfish.
Simply put, this bill prohibits further movement toward the
development of aquaculture facilities in federal waters until Congress
has had an opportunity to review all of the very
[[Page S3667]]
serious implications, and make decisions on how such development should
proceed.
Some people are calling for a moratorium on offshore aquaculture.
Frankly, Mr. President, we need more than a delay--we need a very
comprehensive discussion of this issue and a serious debate on what the
ground-rules should be.
For years, some members of the federal bureaucracy have advocated
going forward with offshore aquaculture development without that
debate. Doing so, would be an extraordinarily bad idea.
We are now being told that the Administration is in the final stages
of preparing a draft bill to allow offshore aquaculture development to
occur, and that it plans to send a draft to the Hill in the very near
future. The problem is, that draft has been prepared in deep secrecy.
We have only rumors about what may be in that draft bill. The
administration has had meetings on the general topic of aquaculture,
but has done little to nothing to work with those of us who represent
constituents whose livelihoods might be imperiled and states with
resources that might be endangered if the administration gets it wrong.
Scientists, the media and the public are awakening to the serious
disadvantages of fish raised in fish farming operations compared to
naturally healthy wild fish species such as Alaska salmon, halibut,
sablefish, crab and many other species.
It has become common to see news reports that cite not only the
general health advantages of eating fish at least once or twice a week,
but the specific advantages of fish such as wild salmon, which contains
essential Omega-3 fatty acids that may help reduce the risk of heart
disease and possibly have similar beneficial effects on other diseases.
Educated and watchful consumers have also seen recent stories citing
research that not only demonstrates that farmed salmon fed vegetable-
based food does not have the same beneficial impact on cardio-vascular
health, but also that the demand for other fish to grind up and use as
feed in those fish farms may lead to the decimation of those stocks.
Those same alert consumers may also have seen stories indicating that
fish farms may create serious pollution problems from the concentration
of fish feces and uneaten food, that fish farms may harbor diseases
that can be transmitted to previously healthy wild fish stocks, and
that fish farming has had a devastating effect on communities that
depend on traditional fisheries.
It is by no means certain that all those problems would be duplicated
if we begin to develop fish farms that are farther offshore, but
neither is there any evidence that they would not be. Yet despite the
uncertainties, proponents have continued to push hard for legislation
that would encourage the development of huge new fish farms off our
coasts.
Not only do the proponents want to encourage such development, but
reports indicate they may also want to change the way decisions are
made so that all the authority rests in the hands of just one federal
agency. I believe that would be a serious mistake. There are simply too
many factors that should be evaluated--from hydraulic engineering, to
environmental impacts, to fish biology, to the management of disease,
to the nutritional character of farmed fish, and so on--for any
existing agency.
We cannot afford a rush to judgment on this issue--it is far too
dangerous if we make a mistake. In my view, such a serious matter
deserves the same level of scrutiny by Congress as the recommendations
of the U.S. Commission on Ocean Policy for other sweeping changes in
ocean governance.
The ``Natural Stock Conservation Act'' I am introducing today lays
down a marker for where the debate on offshore aquaculture needs to go.
It would prohibit the development of new offshore aquaculture
operations until Congress has acted to ensure that every federal agency
involved does the necessary analyses in areas such as disease control,
engineering, pollution prevention, biological and genetic impacts,
economic and social effects, and other critical issues, none of which
are specifically required under existing law.
I strongly urge my colleagues to understand that this is not a
parochial issue, but a very real threat to the literal viability of
natural fish and shellfish stocks as well as the economic viability of
many coastal communities.
I sincerely hope that this issue is taken up seriously in the context
of reauthorizing the Magnuson-Stevens Act, which governs fishery
management, and responding to the recommendations of the U.S. Oceans
Commission and the Pew Oceans Commission.
We all want to make sure we enjoy abundant supplies of healthy foods
in the future, but not if it means unnecessary and avoidable damage to
wild species, to the environment generally, and to the economies of
America's coastal fishing communities.
I ask unanimous consent that the text of my bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 796
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 ``Natural Stock Conservation
Act of 2005''.
SEC. 2. PROHIBITION ON PERMITS FOR AQUACULTURE.
The National Aquaculture Act of 1980 (16 D.S.C. 2801 et
seq.) is amended--
(1) by redesignating sections 10 and 11 as sections 11 and
12 respectively; and S.L.C.
(2) by inserting after section 9 the following new section:
PROHIBITION ON PERMITS FOR AQUACULTURE
``Sec. 10. (a) In General.--The head of an agency with
jurisdiction to regulate aquaculture may not issue a permit
or license to permit an aquaculture facility located in the
exclusive economic zone to operate until after the date on
which a bill is enacted into law that--
``(1) sets out the type and specificity of the analyses
that the head of an agency with jurisdiction to regulate
aquaculture shall carry out prior to issuing any such permit
or license, including analyses related to--
``(A) disease control;
``(B) structural engineering;
``(C) pollution;
``(D) biological and genetic impacts;
``(E) access and transportation;
``(F) food safety; and
``(G) social and economic impacts of such facility on other
marine activities, including commercial and recreational
fishing; and
``(2) requires that a decision to issue such a permit or
license be--
``(A) made only after the head of the agency that issues
such license or permit consults with the Governor of each
State located within a 200-mile radius of the aquaculture
facility; and
``(B) approved by the regional fishery management council
that is granted authority under title III of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1851 et seq.) over a fishery in the region where the
aquaculture facility will be located.
``(b) Definitions.--In this section:
``(1) Agency with jurisdiction to regulate aquaculture.--
The term `agency with jurisdiction to regulate aquaculture'
means each agency and department of the United States, as
follows:
``(A) The Department of Agriculture.
``(B) The Coast Guard.
``( C) The Department of Commerce.
``(D) The Environmental Protection Agency.
``(E) The Department of the Interior.
``(F) The U.S. Army Corps of Engineers.
``(2) Exclusive economic zone.--The term `exclusive
ecoriomic zone' has the meaning given that term in section 3
of the of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1802).
``(3) Regional fishery management council.--The term
`regional fishery management council' means a regional
fishery management council established under section 302(a)
of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1852(a)).''.
______
By Ms. MURKOWSKI (for herself and Mr. Stevens):
S. 797. A bill to amend the Magnuson-Stevens Fishery Conservation and
Management Act to clarify the status of certain communities in the
western Alaska community development quota program; to the Committee on
Commerce, Science, and Transportation.
Ms. MURKOWSKI. Mr. President, I am today reintroducing legislation to
clarify the status of villages participating in the federally
established Community Development Quota (CDQ) program created to assist
economically disadvantaged communities around the edge of the Bering
Sea.
The CDQ program is one of the youngest but most successful of a
variety of programs intended to improve economic opportunities in some
of my State's most challenged communities.
[[Page S3668]]
The CDQ Community Preservation Act is intended to maintain the
participation of all currently eligible communities along the shore of
the Bering Sea in Alaska's Community Development Quota program. It is
necessary because inconsistencies in statutory and regulatory
provisions may require a reassessment of eligibility and the exclusion
of some communities from the program. This was not the intent of the
original program, nor of any subsequent changes to it. In order to
clarify that fact, a legislative remedy is needed.
Senator Stevens joined me in introducing just such a remedy last
year, but work on it was not completed and we were forced to settle for
only temporary relief. It is time we dealt with this matter more
appropriately.
Alaska has been generously blessed with natural resources, but due to
its location and limited transportation infrastructure it continues to
have pockets of severe poverty. Nowhere is this more evident than in
the villages around the rim of the Bering Sea.
The Community Development Quota Program began in 1992, at the
recommendation of the North Pacific Fishery Management Council, one of
the regional councils formed under the Magnuson-Stevens Fishery
Conservation and Management Act. Congress gave the program permanent
status in the 1996 reauthorization of the Act. The program presently
includes 65 communities within a 50 nautical-mile radius of the Bering
Sea, which have formed six regional non-profit associations to
participate in the program. The regional associations range in size
from one to 20 communities. Under the program, a portion of the
regulated annual harvests of pollock, halibut, sablefish, Atka
mackerel, Pacific cod, and crab is assigned to each of the
associations, which operate under combined Federal and State agency
oversight. Almost all of an association's earnings must be invested in
fishing-related projects in order to encourage a sustainable economic
base for the region.
Typically, each association sells its share of the annual harvest
quotas to established fishing companies in return for cash and
agreements to provide job training and employment opportunities for
residents of the region. The program has been remarkably successful.
Since 1992, approximately 9,000 jobs have been created for western
Alaska residents with wages totaling more than $60 million. The CDQ
program has also contributed to fisheries infrastructure development in
western Alaska, as well as providing vessel loan programs; education,
training and other CDQ-related benefits.
The CDQ program has its roots in the amazing success story of how our
offshore fishery resources were Americanized after the passage of the
original Magnuson Act in 1976. At the time, vast foreign fishing fleets
were almost the only ones operating in the U.S. 200-mile Exclusive
Economic Zone. American fishermen simply did not have either the
vessels or the expertise to participate.
The Magnuson-Stevens Act changed all that. It led to the adoption of
what we called a ``fish and chips'' policy that provided for an
exchange of fish allocations for technological and practical expertise.
Within the next few years, harvesting fell almost exclusively to
American vessels. Within a few years after that, processing also became
Americanized. Today, there are no foreign fishing or processing vessels
operating in the 200-mile zone off Alaska, and the industry is worth
billions of dollars each year.
The CDQ program helps bring some of the benefits of that great
industry to local residents in one of the most impoverished areas of
the entire country. It is a vital element in the effort to create and
maintain a lasting economic base for the region's many poor
communities, and truly deserves the support of this body.
I ask unanimous consent that the text of my bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 797
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 ``CDQ Community Preservation
Act''.
SEC. 2. WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM.
(a) Eligible Communities.--Section 305(i)(1) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1855(i)) is amended adding at the end the following:
``(E) A community shall be eligible to participate in the
western Alaska community development quota program under
subparagraph (A) if the community was--
``(i) listed in table 7 to part 679 of title 50, Code of
Federal Regulations, as in effect on January 1, 2004; or
``(ii) approved by the National Marine Fisheries Service on
April 19, 1999.''.
(b) Conforming Amendment.--Such section is further amended,
in paragraph (B), by striking ``To'' and inserting, ``Except
as provided in subparagraph (E), to''.
______
By Mr. FEINGOLD (for himself, Mr. Corzine, Mr. Dayton, Mr.
Durbin, Mr. Lautenberg, Ms. Mikulski, and Mrs. Murray):
S. 798. A bill to amend the Family and Medical Leave Act of 1993 and
title 5, United States Code, to provide entitlement to leave to
eligible employees whose spouse, son, daughter, or parent is a member
of the Armed Forces who is serving on active duty in support of a
contingency operation or who is notified of an impending call or order
to active duty in support of a contingency operation, and for other
purposes; to the Committee on Health, Education, Labor, and Pensions.
Mr. FEINGOLD. Mr. President, today I introduce legislation on behalf
of myself and Senators Corzine, Dayton, Durbin, Lautenberg, Mikulski,
and Murray, that would bring a small measure of relief to the families
of our brave military personnel who are being deployed for the ongoing
fight against terrorism, the war in Iraq, and other missions in this
country and around the world. It is legislation that the Senate adopted
unanimously when I offered it as an amendment to the fiscal year 2004
Iraq supplemental spending bill and I think it would be very fitting
for my colleagues to join me in supporting this measure again during
this, the National Month of the Military Child.
The men and women of our Armed Forces undertake enormous sacrifices
in their service to our country. They spend time away from home and
from their families in different parts of the country and different
parts of the world and are placed into harm's way in order to protect
the American people and our way of life. We owe them a huge debt of
gratitude for their dedicated service.
The ongoing deployments for the fight against terrorism and for the
campaign in Iraq are turning upside down the lives of thousands of
active duty, National Guard, and Reserve personnel and their families
as they seek to do their duty to their country and honor their
commitments to their families, and, in the case of the reserve
components, to their employers as well. Today, there are more than
180,000 National Guard and Reserve personnel on active duty.
Some of my constituents are facing the latest in a series of
activations and deployments for family members who serve our country in
the military. Others are seeing their loved ones off on their first
deployment. All of these families share in the worry and concern about
what awaits their relatives and hope, as we do, for their swift and
safe return.
Many of those deployed in Iraq have had their tours extended beyond
the time they had expected to stay. This extension has played havoc
with the lives of those deployed and their families. Worried mothers,
fathers, spouses, and children expecting their loved ones home after
more than a year of service have been forced to wait another three or
four months before their loved ones' much-anticipated homecoming. The
emotional toll is huge. So is the impact on a family's daily
functioning as bills still need to be paid, children need to get to
school events, and sick family members must still be cared for.
Our men and women in uniform face these challenges without complaint.
But we should do more to help them and their families with the many
things that preparing to be deployed requires.
During the first round of mobilizations for operations in Afghanistan
and Iraq, military personnel and their families were given only a
couple of days' notice that their units would be deployed. As a result,
these dedicated
[[Page S3669]]
men and women had only a very limited amount of time to get their lives
in order. For members of the National Guard and Reserve, this included
informing their employers of the deployment. I want to commend the many
employers around the country for their understanding and support when
their employees were called to active duty.
In preparation for a deployment, military families often have to
scramble to arrange for child care, to pay bills, to contact their
landlords or mortgage companies, and to take care of other things that
we deal with on a daily basis.
The legislation I introduce today would allow eligible employees
whose spouses, parents, sons, or daughters are military personnel who
are serving on or called to active duty in support of a contingency
operation to use their Family and Medical Leave Act (FMLA) benefits for
issues directly relating to or resulting from that deployment. These
instances could include preparation for deployment or additional
responsibilities that family members take on as a result of a loved
one's deployment, such as child care.
But don't just take my word for it. Here is what the National
Military Family Association has to say in a letter of support:
(The National Military Family Association) has heard from
many families about the difficulty of balancing family
obligations with job requirements when a close family member
is deployed. Suddenly, they are single parents or, in the
case of grandparents, assuming the new responsibility of
caring for grandchildren. The days leading up to a deployment
can be filled with pre-deployment briefings and putting legal
affairs in order.
In that same letter, the National Military Family Association states
that, ``Military families, especially those of deployed service
members, are called upon to make extraordinary sacrifices. (The
Military Families Leave Act) offers families some breathing room as
they adjust to this time of separation.''
On July 21, 2004, then-Governor Joseph Kernan of Indiana testified
before a joint hearing of the Senate Health, Labor, Education, and
Pensions and Armed Services committees that Congress should revise FMLA
to include activated National Guard families, as recommended by the
National Governors' Association. The legislation I introduce today
would give many military families some of the assistance Governor
Kernan spoke of.
Let me make sure there is no confusion about what this legislation
does and does not do. This legislation does not expand eligibility for
FMLA to employees not already covered by FMLA. It does not expand FMLA
eligibility to active duty military personnel. It simply allows those
already covered by FMLA to use those benefits in one additional set of
circumstances--to deal with issues directly related to or resulting
from the deployment of a family member.
I was proud to cosponsor and vote for the legislation that created
the landmark Family and Medical Leave Act (FMLA) during the early days
of my service to the people of Wisconsin as a member of this body. This
important legislation allows eligible workers to take up to 12 weeks of
unpaid leave per year for the birth or adoption of child, the placement
of a foster child, to care for a newborn or newly adopted child or
newly placed foster child, or to care for their own serious health
condition or that of a spouse, a parent, or a child. Some employers
offer a portion of this time as paid leave in addition to other accrued
leave, while others allow workers to use accrued vacation or sick leave
for this purpose prior to going on unpaid leave.
Since its enactment in 1993, the FMLA has helped more than 35 million
American workers to balance responsibilities to their families and
their jobs. According to the Congressional Research Service, between
2.2 million and 6.1 million people took advantage of these benefits in
1999-2000.
Our military families sacrifice a great deal. Active duty families
often move every couple of years due to transfers and new assignments.
The twelve years since FMLA' s enactment has also been a time where we
as a country have relied more heavily on National Guard and Reserve
personnel for more and more deployments of longer and longer duration.
The growing burden on these service members' families must be
addressed, and this legislation is one way to do so.
This legislation has the support of a number of organizations,
including the Wisconsin National Guard, the Military Officers
Association of America, the Enlisted Association of the National Guard
of the United States, the Reserve Enlisted Association, the Reserve
Officers Association, the National Military Family Association, the
National Council on Family Relations, and the National Partnership for
Women and Families. The Military Coalition, an umbrella organization of
31 prominent military organizations, specified this legislation as one
of five meriting special consideration during the fiscal year 2004 Iraq
supplemental debate.
We owe it to our military personnel and their families to do all we
can to support them in this difficult time. I hope that this
legislation will bring a small measure of relief to our military
families and I urge my colleagues to support it.
I ask unanimous consent that the text of my bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 798
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 ``Military Families Leave Act
of 2005''.
SEC. 2. LEAVE FOR MILITARY FAMILIES UNDER THE FAMILY AND
MEDICAL LEAVE ACT OF 1993.
(a) Entitlement to Leave.--Section 102(a)(1) of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is
amended by adding at the end the following new subparagraph:
``(E) Because of any qualifying exigency (as the Secretary
may by regulation determine) arising out of the fact that the
spouse, or a son, daughter, or parent of the employee is on
active duty (or has been notified of an impending call or
order to active duty) in the Armed Forces in support of a
contingency operation.''.
(b) Intermittent or Reduced Leave Schedule.--Section
102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by
inserting after the second sentence the following new
sentence: ``Subject to subsection (e)(3) and section 103(f),
leave under subsection (a)(1)(E) may be taken intermittently
or on a reduced leave schedule.''.
(c) Substitution of Paid Leave.--Section 102(d)(2)(A) of
such Act (29 U.S.C. 2612(d)(2)(A)) is amended by striking
``or (C)'' and inserting ``(C), or (E)''.
(d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e))
is amended by adding at the end the following new paragraph:
``(3) Notice for leave due to active duty of family
member.--In any case in which the necessity for leave under
subsection (a)(1)(E) is foreseeable based on notification of
an impending call or order to active duty in support of a
contingency operation, the employee shall provide such notice
to the employer as is reasonable and practicable.''.
(e) Certification.--Section 103 of such Act (29 U.S.C.
2613) is amended by adding at the end the following new
subsection:
``(f) Certification for Leave Due to Active Duty of Family
Member.--An employer may require that a request for leave
under section 102(a)(1)(E) be supported by a certification
issued at such time and in such manner as the Secretary shall
by regulation prescribe. If the Secretary issues a regulation
requiring such certification, the employee shall provide, in
a timely manner, a copy of such certification to the
employer.''.
(f) Definition.--Section 101 of such Act (29 U.S.C. 2611)
is amended by adding at the end the following new paragraph:
``(14) Contingency operation.--The term `contingency
operation' has the same meaning given such term in section
101(a)(13) of title 10, United States Code.''.
SEC. 3. LEAVE FOR MILITARY FAMILIES UNDER TITLE 5, UNITED
STATES CODE.
(a) Entitlement to Leave.--Section 6382(a)(1) of title 5,
United States Code, is amended by adding at the end the
following new subparagraph:
``(E) Because of any qualifying exigency (as defined under
section 6387) arising out of the fact that the spouse, or a
son, daughter, or parent, of the employee is on active duty
(or has been notified of an impending call or order to active
duty) in the Armed Forces in support of a contingency
operation.''.
(b) Intermittent or Reduced Leave Schedule.--Section
6382(b)(1) of such title is amended by inserting after the
second sentence the following new sentence: ``Subject to
subsection (e)(3) and section 6383(f), leave under subsection
(a)(1)(E) may be taken intermittently or on a reduced leave
schedule.''.
(c) Substitution of Paid Leave.--Section 6382(d) of such
title is amended by striking ``or (D)'' and inserting ``(D),
or (E)''.
(d) Notice.--Section 6382(e) of such title is amended by
adding at the end the following new paragraph:
``(3) In any case in which the necessity for leave under
subsection (a)(1)(E) is foreseeable based on notification of
an impending
[[Page S3670]]
call or order to active duty in support of a contingency
operation, the employee shall provide such notice to the
employing agency as is reasonable and practicable.''.
(e) Certification.--Section 6383 of such title is amended
by adding at the end the following new subsection:
``(f) An employing agency may require that a request for
leave under section 6382(a)(1)(E) be supported by a
certification issued at such time and in such manner as the
employing agency may require.''.
(f) Definition.--Section 6381 of such title is amended--
(1) in paragraph (5)(B), by striking ``and'' at the end;
(2) in paragraph (6)(B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) the term `contingency operation' has the same meaning
given such term in section 101(a)(13) of title 10.''.
______
By Mr. KENNEDY:
S. 799. A bill to amend the Public Health Service Act to provide for
the coordination of Federal Government policies and activities to
prevent obesity in childhood, to provide for State childhood obesity
prevention and control, and to establish grant programs to prevent
childhood obesity within homes, schools, and communities; to the
Committee on Health, Education, Labor, and Pensions.
Mr. KENNEDY. Mr. President, America is facing a major public health
problem because of the epidemic of obesity in the nation's children.
Nine million children today are obese. Over the past three decades, the
rate of obesity has more than doubled in preschool children and
adolescents, and tripled among all school-age children. The health
risks are immense. If the current rates do not decrease, 30 percent of
boys and 40 percent of girls born in 2000 will develop diabetes, which
can lead to kidney failure, blindness, heart disease and stroke.
Obese children are 80 percent likely to become obese adults, with
significantly greater risk for not only diabetes, but heart disease,
arthritis and certain types of cancer. The economic impact of obesity-
related health expenditures in 2004 reached $129 billion, a clear sign
of the lower quality of life likely to be faced by the growing number
of the nation's youth.
Childhood obesity is the obvious result of too much food and too
little exercise. Children are especially susceptible because of the
dramatic social changes that have been taking place for many years.
Children are exposed to 40,000 food advertisements a year one food
commercial every minute--urging them to eat candy, snacks, and fast
food. Vending machines are now in 43 percent of elementary schools and
97 percent of high schools, offering young students easy access to soft
drinks and snacks that can double their risk of obesity. Many schools
have eliminated physical education classes, leaving children less
active throughout the school day. More communities are built without
sidewalks, safe parks, or bike trails. Parents, who worry about the
safety of their children in outside play, encourage them to sit and
watch television. Fast food stores are nearby, grocery stores and
farmers markets with fresh fruits and vegetables are not.
According to the Institute of Medicine, prevention of obesity in
children and youth requires public health action at its broadest and
most inclusive level, with coordination between federal and state
governments, within schools and communities, and involving industry and
media, so that children can make food and activity choices that lead to
healthy weights.
The Prevention of Childhood Obesity Act makes the current epidemic a
national public health priority. It appoints a federal commission on
food policies to promote good nutrition. Guidelines for food and
physical activity advertisements will be established by a summit
conference of representatives from education, industry, and health
care. Grants are provided to states to implement anti-obesity plans,
including curricula and training for educators, for obesity prevention
activities in preschool, school and after-school programs, and for
sidewalks, bike trails, and parks where children can play and be both
healthy and safe.
Prevention is the cornerstone of good health and long, productive
lives for all Americans. Childhood obesity is preventable, but we have
to work together to stop this worsening epidemic and protect our
children's future. Congress must to do its part and I urge my
colleagues to support this legislation.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 799
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 ``Prevention of Childhood
Obesity Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Childhood overweight and obesity is a major public
health threat to the United States. The rates of obesity have
doubled in preschool children and tripled in adolescents in
the past 25 years. About 9,000,000 young people are
considered overweight.
(2) Overweight and obesity is more prevalent in Mexican
American and African American youth. Among Mexican Americans,
24 percent of children (6 to 11 years) and adolescents (12 to
19 years) are obese and another 40 percent of children and 44
percent of adolescents are overweight. Among African
Americans, 20 percent of children and 24 percent of
adolescents are obese and another 36 percent of children and
41 percent of adolescents are overweight.
(3) Childhood overweight and obesity is related to the
development of a number of preventable chronic diseases in
childhood and adulthood, such as type 2 diabetes and
hypertension.
(4) Overweight adolescents have up to an 80 percent chance
of becoming obese adults. In 2003, obesity-related health
conditions in adults resulted in approximately
$11,000,000,000 in medical expenditures.
(5) Childhood overweight and obesity is preventable but
will require changes across the multiple environments to
which our children are exposed. This includes homes, schools,
communities, and society at large.
(6) Overweight and obesity in children are caused by
unhealthy eating habits and insufficient physical activity.
(7) Only 2 percent of school children meet all of the
recommendations of the Food Guide Pyramid. Sixty percent of
young people eat too much fat and less than 20 percent eat
the recommended 5 or more servings of fruits and vegetables
each day.
(8) More than one third of young people do not meet
recommended guidelines for physical activity. Daily
participation in high school physical education classes
dropped from 42 percent in 1991 to 28 percent in 2003.
(9) Children spend an average of 5\1/2\ hours per day using
media, more time than they spend doing anything besides
sleeping.
(10) Children are exposed to an average of 40,000
television advertisements each year for candy, high sugar
cereals, and fast food. Fast food outlets alone spend
$3,000,000,000 in advertisements targeting children. Children
are exposed to 1 food commercial every 5 minutes.
(11) A coordinated effort involving evidence-based
approaches is needed to ensure children develop in a society
in which healthy lifestyle choices are available and
encouraged.
TITLE I--FEDERAL OBESITY PREVENTION
SEC. 101. FEDERAL LEADERSHIP COMMISSION TO PREVENT CHILDHOOD
OBESITY.
Part Q of title III of the Public Health Service Act (42
U.S.C. 280h et seq.) is amended by inserting after section
399W, the following:
``SEC. 399W-1. FEDERAL LEADERSHIP COMMISSION TO PREVENT
CHILDHOOD OBESITY.
``(a) In General.--The Secretary shall ensure that the
Federal Government coordinates efforts to develop, implement,
and enforce policies that promote messages and activities
designed to prevent obesity among children and youth.
``(b) Establishment of Leadership Commission.--The
Secretary, acting through the Director of the Centers for
Disease Control and Prevention, shall establish within the
Centers for Disease Control and Prevention a Federal
Leadership Commission to Prevent Childhood Obesity (referred
to in this section as the `Commission') to assess and make
recommendations for Federal departmental policies, programs,
and messages relating to the prevention of childhood obesity.
The Director shall serve as the chairperson of the
Commission.
``(c) Membership.--The Commission shall include
representatives of offices and agencies within--
``(1) the Department of Health and Human Services;
``(2) the Department of Agriculture;
``(3) the Department of Commerce;
``(4) the Department of Education;
``(5) the Department of Housing and Urban Development;
``(6) the Department of the Interior;
``(7) the Department of Labor;
``(8) the Department of Transportation;
``(9) the Federal Trade Commission; and
``(10) other Federal entities as determined appropriate by
the Secretary.
``(d) Duties.--The Commission shall--
``(1) serve as a centralized mechanism to coordinate
activities related to obesity prevention across all Federal
departments and agencies;
``(2) establish specific goals for obesity prevention, and
determine accountability for
[[Page S3671]]
reaching these goals, within and across Federal departments
and agencies;
``(3) review evaluation and economic data relating to the
impact of Federal interventions on the prevention of
childhood obesity;
``(4) provide a description of evidence-based best
practices, model programs, effective guidelines, and other
strategies for preventing childhood obesity;
``(5) make recommendations to improve Federal efforts
relating to obesity prevention and to ensure Federal efforts
are consistent with available standards and evidence; and
``(6) monitor Federal progress in meeting specific obesity
prevention goals.
``(e) Study; Summit; Guidelines.--
``(1) Study.--The Government Accountability Office shall--
``(A) conduct a study to assess the effect of Federal
nutrition assistance programs and agricultural policies on
the prevention of childhood obesity, and prepare a report on
the results of such study that shall include a description
and evaluation of the content and impact of Federal
agriculture subsidy and commodity programs and policies as
such relate to Federal nutrition programs;
``(B) make recommendations to guide or revise Federal
policies for ensuring access to nutritional foods in Federal
nutrition assistance programs; and
``(C) complete the activities provided for under this
section not later than 18 months after the date of enactment
of this section.
``(2) Institute of medicine study.--
``(A) In general.--Not later than 6 months after the date
of enactment of this section, the Secretary shall request
that the Institute of Medicine (or similar organization)
conduct a study and make recommendations on guidelines for
nutritional food and physical activity advertising and
marketing to prevent childhood obesity. In conducting such
study the Institute of Medicine shall--
``(i) evaluate children's advertising and marketing
guidelines and evidence-based literature relating to the
impact of advertising on nutritional foods and physical
activity in children and youth; and
``(ii) make recommendations on national guidelines for
advertising and marketing practices relating to children and
youth that--
``(I) reduce the exposure of children and youth to
advertising and marketing of foods of poor or minimal
nutritional value and practices that promote sedentary
behavior; and
``(II) increase the number of media messages that promote
physical activity and sound nutrition.
``(B) Guidelines.--Not later than 2 years after the date of
enactment of this section, the Institute of Medicine shall
submit to the Commission the final report concerning the
results of the study, and making the recommendations,
required under this paragraph.
``(3) National summit.--
``(A) In general.--Not later than 1 year after the date on
which the report under paragraph (2)(B) is submitted, the
Commission shall convene a National Summit to Implement Food
and Physical Activity Advertising and Marketing Guidelines to
Prevent Childhood Obesity (referred to in this section as the
`Summit').
``(B) Collaborative effort.--The Summit shall be a
collaborative effort and include representatives from--
``(i) education and child development groups;
``(ii) public health and behavioral science groups;
``(iii) child advocacy and health care provider groups; and
``(iv) advertising and marketing industry.
``(C) Activities.--The participants in the Summit shall
develop a 5-year plan for implementing the national
guidelines recommended by the Institute of Medicine in the
report submitted under paragraph (2)(B).
``(D) Evaluation and reports.--Not later than 1 year after
the date of enactment of this section, and biannually
thereafter, the Commission shall evaluate and submit a report
to Congress on the efforts of the Federal Government to
implement the recommendations made by the Institute of
Medicine in the report under paragraph (2)(B) that shall
include a detailed description of the plan of the Secretary
to implement such recommendations.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section, such
sums as may be necessary for each of fiscal years 2006
through 2010.
``(g) Definitions.--For purposes of this section, the
definitions contained in section 401 of the Prevention of
Childhood Obesity Act shall apply.''.
SEC. 102. FEDERAL TRADE COMMISSION AND MARKETING TO CHILDREN
AND YOUTH.
(a) In General.--Notwithstanding section 18 of the Federal
Trade Commission Act (15 U.S.C. 57a), the Federal Trade
Commission is authorized to promulgate regulations and
monitor compliance with the guidelines for advertising and
marketing of nutritional foods and physical activity directed
at children and youth, as recommended by the National Summit
to Implement Food and Physical Activity Advertising and
Marketing Guidelines to Prevent Childhood Obesity (as
established under section 399W-1(e)(3) of the Public Health
Service Act).
(b) Fines.--Notwithstanding section 18 of the Federal Trade
Commission Act (15 U.S.C. 57a), the Federal Trade Commission
may assess fines on advertisers or network and media groups
that fail to comply with the guidelines described in
subsection (a).
TITLE II--STATE CHILDREN AND YOUTH OBESITY PREVENTION AND CONTROL
SEC. 201. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Title III of the Public Health Service Act (42 U.S.C. 241
et seq.) is amended by adding at the end the following:
``PART R--OBESITY PREVENTION AND CONTROL
``SEC. 399AA. STATE CHILDHOOD OBESITY PREVENTION AND CONTROL
PROGRAMS.
``(a) In General.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall award competitive grants to eligible entities to
support activities that implement the children's obesity
prevention and control plans contained in the applications
submitted under subsection (b)(2).
``(b) Eligibility.--To be eligible to receive a grant under
this section, an entity shall--
``(1) be a State, territory, or an Indian tribe; and
``(2) submit to the Secretary an application at such time,
in such manner, and containing such agreements, assurances,
and information as the Secretary may require, including a
children's obesity prevention and control plan that--
``(A) is developed with the advice of stakeholders from the
public, private, and nonprofit sectors that have expertise
relating to obesity prevention and control;
``(B) targets prevention and control of childhood obesity;
``(C) describes the obesity-related services and activities
to be undertaken or supported by the applicant; and
``(D) describes plans or methods to evaluate the services
and activities to be carried out under the grant.
``(c) Use of Funds.--An eligible entity shall use amounts
received under a grant under this section to conduct, in a
manner consistent with the children's obesity prevention and
control plan under subsection (b)(2)--
``(1) an assessment of the prevalence and incidence of
obesity in children;
``(2) an identification of evidence-based and cost-
effective best practices for preventing childhood obesity;
``(3) innovative multi-level behavioral or environmental
interventions to prevent childhood obesity;
``(4) demonstration projects for the prevention of obesity
in children and youth through partnerships between private
industry organizations, community-based organizations,
academic institutions, schools, hospitals, health insurers,
researchers, health professionals, or other health entities
determined appropriate by the Secretary;
``(5) ongoing coordination of efforts between governmental
and nonprofit entities pursuing obesity prevention and
control efforts, including those entities involved in related
areas that may inform or overlap with childhood obesity
prevention and control efforts, such as activities to promote
school nutrition and physical activity; and
``(6) evaluations of State and local policies and programs
related to obesity prevention in children.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section, such
sums as may be necessary for each of fiscal years 2006
through 2010.
``SEC. 399AA-1. COMPREHENSIVE OBESITY PREVENTION ACTION
GRANTS.
``(a) In General.--The Secretary shall award grants on a
competitive basis to eligible entities to enable such
entities to implement activities related to obesity
prevention and control.
``(b) Eligibility.--To be eligible to receive a grant under
this section, an entity shall--
``(1) be a public or private nonprofit entity; and
``(2) submit to the Secretary an application at such time,
in such manner, and containing such agreements, assurances,
and information as the Secretary may require, including a
description of how funds received under a grant awarded under
this section will be used to--
``(A) supplement or fulfill unmet needs identified in the
children's obesity prevention and control plan of a State,
Indian tribe, or territory (as prepared under this part); and
``(B) otherwise help achieve the goals of obesity
prevention as established by the Secretary or the Commission.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities submitting
applications proposing to carry out programs for preventing
obesity in children and youth from at-risk populations or
reducing health disparities in underserved populations.
``(d) Use of Funds.--An eligible entity shall use amounts
received under a grant awarded under subsection (a) to
implement and evaluate behavioral and environmental change
programs for childhood obesity prevention.
``(e) Evaluation.--An eligible entity that receives a grant
under this section shall submit to the Secretary an
evaluation of the operations and activities carried out under
such grant that includes an analysis of the utilization and
benefit of public health programs relevant to the activities
described in subsection (d).
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section, such
sums as may be
[[Page S3672]]
necessary for each of fiscal years 2006 through 2010.
``SEC. 399AA-2. DISCOVERY TO PRACTICE CENTERS OF EXCELLENCE
WITHIN THE HEALTH PROMOTION AND DISEASE
PREVENTION RESEARCH CENTERS OF THE CENTERS FOR
DISEASE CONTROL AND PREVENTION.
``(a) In General.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall award grants to eligible entities for the establishment
of Centers of Excellence for Discovery to Practice (referred
to in this section as the `Centers') implemented through the
Health Promotion and Disease Prevention Research Centers of
the Centers for Disease Control and Prevention. Such eligible
entities shall use grant funds to disseminate childhood
obesity prevention evidence-based practices to individuals,
families, schools, organizations, and communities.
``(b) Eligibility.--To be eligible to receive a grant under
this section, an entity shall--
``(1) be a Health Promotion and Disease Prevention Research
Center of the Centers for Disease Control and Prevention;
``(2) demonstrate a history of service to and collaboration
with populations with a high incidence of childhood obesity;
and
``(3) submit to the Secretary an application at such time,
in such manner, and containing such agreements, assurances,
and information as the Secretary may require.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to applications targeting
childhood obesity prevention activities in underserved
populations.
``(d) Use of Funds.--An eligible entity shall use amounts
received under a grant under this section to disseminate
childhood obesity prevention evidence-based practices through
activities that--
``(1) expand the availability of evidence-based nutrition
and physical activity programs designed specifically for the
prevention of childhood obesity; and
``(2) train lay and professional individuals on
determinants of and methods for preventing childhood obesity.
``(e) Evaluation.--An eligible entity that receives a grant
under this section shall submit to the Secretary an
evaluation of the operations and activities carried out under
such a grant that includes an analysis of increased
utilization and benefit of programs relevant to the
activities described in subsection (d).
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section,
$50,000,000 for each of fiscal years 2006 through 2010.
``SEC. 399AA-3. DEFINITIONS.
``For purposes of this part, the definitions contained in
section 401 of the Prevention of Childhood Obesity Act shall
apply.''.
TITLE III--FEDERAL PROGRAMS TO PREVENT CHILDHOOD OBESITY
Subtitle A--Preventing Obesity at Home
SEC. 301. DEVELOPMENT OF OBESITY PREVENTION BEHAVIOR CHANGE
CURRICULA FOR EARLY CHILDHOOD HOME VISITATION
PROGRAMS.
Title III of the Public Health Service Act (42 U.S.C. 241
et seq.), as amended by section 201, is further amended by
adding at the end the following:
``PART S--PREVENTING CHILDHOOD OBESITY
``SEC. 399BB. DEVELOPMENT OF OBESITY PREVENTION BEHAVIOR
CHANGE CURRICULA FOR EARLY CHILDHOOD HOME
VISITATION PROGRAMS.
``(a) In General.--The Secretary, in collaboration with the
Director of the Centers for Disease Control and Prevention
and the Secretary of Education, shall award grants for the
development of obesity prevention behavior change curricula
to be incorporated into early childhood home visitation
programs.
``(b) Eligibility.--To be eligible to receive a grant under
this section, an entity shall--
``(1) be an academic center collaborating with a public or
private nonprofit organization that has the capability of
testing behavior change curricula in service delivery
settings and disseminating results to home visiting programs
nationally, except that an organization testing the behavior
change curricula developed under the grant shall implement a
model of home visitation that--
``(A) focuses on parental education and care of children
who are prenatal through 5 years of age;
``(B) promotes the overall health and well-being of young
children; and
``(C) adheres to established quality standards; and
``(2) submit to the Secretary an application at such time,
in such manner, and containing such agreements, assurances,
and information as the Secretary may require.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities submitting
applications that propose to develop and implement programs
for preventing childhood obesity and reducing health
disparities in underserved populations.
``(d) Use of Funds.--An eligible entity shall use amounts
received under a grant under this section to develop,
implement, and evaluate the impact of behavior change
curricula for early childhood home visitation programs that--
``(1) encourage breast-feeding of infants;
``(2) promote age-appropriate portion sizes for a variety
of nutritious foods;
``(3) promote consumption of fruits and vegetables and low-
energy dense foods; and
``(4) encourage education around parental modeling of
physical activity and reduction in television viewing and
other sedentary activities by toddlers and young children.
``(e) Evaluation.--Not later than 3 years after the date on
which a grant is awarded under this section, the grantee
shall submit to the Secretary a report that describes the
activities carried out with funds received under the grant
and the effectiveness of such activities in preventing
obesity by improving nutrition and increasing physical
activity.
``(f) Incorporation Into Evidence-Based Programs.--The
Secretary, in consultation with the heads of other Federal
departments and agencies, shall ensure that policies that
prevent childhood obesity are incorporated into evidence-
based early childhood home visitation programs in a manner
that provides for measurable outcomes.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $25,000,000 for
each of fiscal years 2006 through 2010.''.
Subtitle B--Preventing Childhood Obesity in Schools
SEC. 311. PREVENTING CHILDHOOD OBESITY IN SCHOOLS.
(a) In General.--Part S of title III of the Public Health
Service Act (as added by section 301) is amended by adding at
the end the following:
``SEC. 399BB-1. PREVENTING CHILDHOOD OBESITY IN SCHOOLS.
``(a) In General.--The Secretary, in collaboration with the
Director of the Centers for Disease Control and Prevention,
the Secretary of Education, the Secretary of Agriculture, and
the Secretary of the Interior shall establish and implement
activities to prevent obesity by encouraging healthy
nutrition choices and physical activity in schools.
``(b) Schools.--The Secretary, in consultation with the
Secretary of Education, shall require that each local
educational agency that receives Federal funds establish
policies to ban vending machines that sell foods of poor or
minimal nutritional value in schools.
``(c) School Districts.--
``(1) In general.--The Secretary shall award grants to
local educational agencies to enable elementary and secondary
schools to promote good nutrition and physical activity among
children.
``(2) Carol m. white physical education program.--The
Secretary of Education, in collaboration with the Secretary,
may give priority in awarding grants under the Carol M. White
Physical Education Program under subpart 10 of part D of
title V of the Elementary and Secondary Education Act of 1965
to local educational agencies and other eligible entities
that have a plan to--
``(A) implement behavior change curricula that promotes the
concepts of energy balance, good nutrition, and physical
activity;
``(B) implement policies that encourage the appropriate
portion sizes and limit access to soft drinks or other foods
of poor or minimal nutritional value on school campuses, and
at school events;
``(C) provide age-appropriate daily physical activity that
helps students to adopt, maintain, and enjoy a physically
active lifestyle;
``(D) maintain a minimum number of functioning water
fountains (based on the number of individuals) in school
buildings;
``(E) prohibit advertisements and marketing in schools and
on school grounds for foods of poor or minimal nutritional
value such as fast foods, soft drinks, and candy; and
``(F) develop and implement policies to conduct an annual
assessment of each student's body mass index and provide such
assessment to the student and the parents of that student
with appropriate referral mechanisms to address concerns with
respect to the results of such assessments.
``(3) Grants for additional activities.--The Director of
the Centers for Disease Control and Prevention, in
collaboration with the Secretary, the Secretary of
Agriculture, and the Secretary of Education, shall award
grants for the implementation and evaluation of activities
that--
``(A) educate students about the health benefits of good
nutrition and moderate or vigorous physical activity by
integrating it into other subject areas and curriculum;
``(B) provide food options that are low in fat, calories,
and added sugars such as fruit, vegetables, whole grains, and
dairy products;
``(C) develop and implement guidelines for healthful snacks
and foods for sale in vending machines, school stores, and
other venues within the school's control;
``(D) restrict student access to vending machines, school
stores, and other venues that contain foods of poor or
minimal nutritional value;
``(E) encourage adherence to single-portion sizes, as
defined by the Food and Drug Administration, in foods offered
in the school environment;
``(F) provide daily physical education for students in
prekindergarten through grade 12 through programs that are
consistent with the Guidelines for Physical Activity as
reported by Centers for Disease Control and Prevention and
the American College of Sports Medicine and National Physical
Education Standards;
``(G) encourage the use of school facilities for physical
activity programs offered by the school or community-based
organizations outside of school hours;
[[Page S3673]]
``(H) promote walking or bicycling to and from school using
such programs as Walking School Bus and Bike Train;
``(I) train school personnel in a manner that provides such
personnel with the knowledge and skills needed to effectively
teach lifelong healthy eating and physical activity; and
``(J) evaluate the impact of school nutrition and physical
education programs and facilities on body mass index and
related fitness criteria at annual intervals to determine the
extent to which national guidelines are met.
``(d) Evaluation.--Not later than 3 years after the date on
which a grant is awarded under this section, the grantee
shall submit to the Director of the Centers for Disease
Control and Prevention a report that describes the activities
carried out with funds received under the grant and the
effectiveness of such activities in improving nutrition and
increasing physical activity.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $50,000,000 for
each of fiscal years 2006 through 2010.''.
(b) Carol M. White Physical Education Program.--Subpart 10
of part D of title V of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7261 et seq.) is amended by
adding at the end the following:
``SEC. 5508. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart, $150,000,000 for each of fiscal years 2006 through
2010.''.
Subtitle C--Preventing Childhood Obesity in Afterschool Programs
SEC. 321. CHILDHOOD OBESITY PREVENTION GRANTS TO AFTERSCHOOL
PROGRAMS.
Part S of title III of the Public Health Service Act (as
amended by section 311) is further amended by adding at the
end the following:
``SEC. 399BB-2. CHILDHOOD OBESITY PREVENTION GRANTS TO
AFTERSCHOOL PROGRAMS.
``(a) In General.--The Secretary, in collaboration with the
Director of the Centers for Disease Control and Prevention
and the Secretary of Education, shall award grants for the
development of obesity prevention behavior change curricula
for afterschool programs for children.
``(b) Eligibility.--To be eligible to receive a grant under
this section, an entity shall--
``(1) be an academic center collaborating with a public or
private nonprofit organization that has the capability of
testing behavior change curricula in service delivery
settings and disseminating results to afterschool programs on
a nationwide basis, except that an organization testing the
behavior change curricula developed under the grant shall
implement a model of afterschool programming that shall--
``(A) focus on afterschool programs for children up to the
age of 13 years;
``(B) promote the overall health and well-being of children
and youth; and
``(C) adhere to established quality standards; and
``(2) submit to the Secretary an application at such time,
in such manner, and containing such agreements, assurances,
and information as the Secretary may require.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities submitting
applications proposing to develop, implement, and evaluate
programs for preventing and controlling childhood obesity or
reducing health disparities in underserved populations.
``(d) Use of Funds.--An eligible entity shall use amounts
received under a grant under this section to develop,
implement, and evaluate, and disseminate the results of such
evaluations, the impact of curricula for afterschool programs
that promote--
``(1) age-appropriate portion sizes;
``(2) consumption of fruits and vegetables and low-energy
dense foods;
``(3) physical activity; and
``(4) reduction in television viewing and other passive
activities.
``(e) Evaluation.--Not later than 3 years after the date on
which a grant is awarded under this section, the grantee
shall submit to the Secretary a report that described the
activities carried out with funds received under the grant
and the effectiveness of such activities in preventing
obesity, improving nutrition, and increasing physical
activity.
``(f) Incorporation of Policies Into Federal Programs.--The
Secretary, in consultation with the heads of other Federal
departments and agencies, shall ensure that policies that
prevent childhood obesity are incorporated into evidence-
based afterschool programs in a manner that provides for
measurable outcomes.
``(g) Definition.--In this section, the term `afterschool
programs' means programs providing structured activities for
children during out-of-school time, including before school,
after school, and during the summer months.
``(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $25,000,000 for
each of fiscal years 2006 through 2010.''.
Subtitle D--Training Early Childhood and Afterschool Professionals to
Prevent Childhood Obesity
SEC. 331. TRAINING EARLY CHILDHOOD AND AFTERSCHOOL
PROFESSIONALS TO PREVENT CHILDHOOD OBESITY.
Part S of title III of the Public Health Service Act (as
amended by section 321) is further amended by adding at the
end the following:
``SEC. 399BB-3. TRAINING EARLY CHILDHOOD AND AFTERSCHOOL
PROFESSIONALS TO PREVENT CHILDHOOD OBESITY.
``(a) In General.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, shall award grants to support the training of
early childhood professionals (such as parent educators and
child care providers) about obesity prevention, with emphasis
on nationally accepted standards.
``(b) Eligibility.--To be eligible to receive a grant under
this section, an entity shall--
``(1) be a public or private nonprofit organization that
conducts or supports early childhood and afterschool
programs, home visitation, or other initiatives that--
``(A) focus on parental education and care of children;
``(B) promote the overall health and well-being of
children;
``(C) adhere to established quality standards; and
``(D) have the capability to provide or distribute training
on a nationwide basis; and
``(2) submit to the Secretary an application at such time,
in such manner, and containing such agreements, assurances,
and information as the Secretary may require.
``(c) Evaluation.--Not later than 3 years after the date on
which a grant is awarded under this section, the grantee
shall submit to the Administrator of the Health Resources and
Services Administration a report that describes the
activities carried out with funds received under the grant
and the effectiveness of such activities in improving the
practice of child care and afterschool professionals with
respect to the prevention of obesity.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $10,000,000 for
each of fiscal years 2006 through 2010.''.
Subtitle E--Preventing Childhood Obesity in Communities
SEC. 341. PREVENTING CHILDHOOD OBESITY IN COMMUNITIES.
Part S of title III of the Public Health Service Act (as
amended by section 331) is further amended by adding at the
end the following:
``SEC. 399BB-4. PREVENTING CHILDHOOD OBESITY IN COMMUNITIES.
``(a) In General.--The Director of the Centers for Disease
Control and Prevention, in collaboration with the Secretary,
the Secretary of Transportation, and Secretary of the
Interior, shall award grants and implement activities to
encourage healthy nutrition and physical activity by children
in communities.
``(b) Eligibility.--To be eligible to receive a grant under
this section, an entity shall--
``(1) be a public or private nonprofit organization or
community-based organizations that conduct initiatives that--
``(A) focus on parental education and care of children;
``(B) promote the overall health and well-being of
children;
``(C) adhere to established quality standards; and
``(D) have the capability to provide training on a
nationwide basis; and
``(2) submit to the Secretary an application at such time,
in such manner, and containing such agreements, assurances,
and information as the Secretary may require.
``(c) Communities.--
``(1) In general.--The Director of the Centers for Disease
Control and Prevention, in collaboration with the Secretary,
the Secretary of Transportation, and Secretary of the
Interior, shall award grants to eligible entities to develop
broad partnerships between private and public and nonprofit
entities to promote healthy nutrition and physical activity
for children by assessing, modifying, and improving community
planning and design.
``(2) Activities.--Amounts awarded under a grant under
paragraph (1) shall be used for the implementation and
evaluation of activities--
``(A) to create neighborhoods that encourage healthy
nutrition and physical activity;
``(B) to promote safe walking and biking routes to schools;
``(C) to design pedestrian zones and construct safe
walkways, cycling paths, and playgrounds;
``(D) to implement campaigns, in communities at risk for
sedentary activity, designed to increase levels of physical
activity, which should be evidence-based, and may incorporate
informational, behavioral, and social, or environmental and
policy change interventions;
``(E) to implement campaigns, in communities at risk for
poor nutrition, that are designed to promote intake of foods
by children consistent with established dietary guidelines
through the use of different types of media including
television, radio, newspapers, movie theaters, billboards,
and mailings; and
``(F) to implement campaigns, in communities at risk for
poor nutrition, that promote water as the main daily drink of
choice for children through the use of different types of
media including television, radio, newspapers, movie
theaters, billboards, and mailings.
``(d) Evaluation.--Not later than 3 years after the date on
which a grant is awarded under this section, the grantee
shall submit
[[Page S3674]]
to the Director of the Centers for Disease Control and
Prevention a report that describes the activities carried out
with funds received under the grant and the effectiveness of
such activities in increasing physical activity and improving
dietary intake.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $50,000,000 for
each of fiscal years 2006 through 2010.''.
SEC. 342. GRANTS AND CONTRACTS FOR A NATIONAL CAMPAIGN TO
CHANGE CHILDREN'S HEALTH BEHAVIORS.
Section 399Y of the Public Health Service Act (42 U.S.C.
280h-2) is amended by striking subsection (b) and inserting
the following:
``(b) Grants.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall award grants or contracts to eligible entities to
design and implement culturally and linguistically
appropriate and competent campaigns to change children's
health behaviors.
``(2) Eligible entity.--In this subsection, the term
`eligible entity' means a marketing, public relations,
advertising, or other appropriate entity.
``(3) Content.--An eligible entity that receives a grant
under this subsection shall use funds received through such
grant or contract to utilize marketing and communication
strategies to--
``(A) communicate messages to help young people develop
habits that will foster good health over a lifetime;
``(B) provide young people with motivation to engage in
sports and other physical activities;
``(C) influence youth to develop good health habits such as
regular physical activity and good nutrition;
``(D) educate parents of young people on the importance of
physical activity and improving nutrition, how to maintain
healthy behaviors for the entire family, and how to encourage
children to develop good nutrition and physical activity
habits; and
``(E) discourage stigmatization and discrimination based on
body size or shape.
``(4) Report.--The Secretary shall evaluate the
effectiveness of the campaign described in paragraph (1) in
changing children's behaviors and report such results to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $125,000,000
for fiscal year 2006, and such sums as may be necessary for
each of fiscal years 2007 through 2011.''.
SEC. 343. PREVENTION OF CHILDHOOD OBESITY RESEARCH THROUGH
THE NATIONAL INSTITUTES OF HEALTH.
(a) In General.--The Director of the National Institutes of
Health, in accordance with the National Institutes of
Health's Strategic Plan for Obesity Research, shall expand
and intensify research that addresses the prevention of
childhood obesity.
(b) Plan.--The Director of the National Institutes of
Health shall--
(1) conduct or support research programs and research
training concerning the prevention of obesity in children;
and
(2) develop and periodically review, and revise as
appropriate, the Strategic Plan for Obesity Research.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, such sums as
may be necessary for each of fiscal years 2006 through 2011.
Amounts appropriated under this section shall be in addition
to other amounts available for carrying out activities of the
type described in this section.
SEC. 344. RESEARCH ON THE RELATIONSHIP BETWEEN THE PHYSICAL
ACTIVITY OF CHILDREN AND THE BUILT ENVIRONMENT.
Part S of title III of the Public Health Service Act (as
amended by section 341) is further amended by adding at the
end the following:
``SEC. 399BB-5. RESEARCH ON THE RELATIONSHIP BETWEEN THE
PHYSICAL ACTIVITY OF CHILDREN AND THE BUILT
ENVIRONMENT.
``(a) In General.--The Secretary shall support research
efforts to promote physical activity in children through
enhancement of the built environment.
``(b) Eligibility.--In this section, the term `eligible
institution' means a public or private nonprofit institution
that submits to the Secretary an application at such time, in
such manner, and containing such agreements, assurances, and
information as the Secretary may require.
``(c) Grant Programs.--
``(1) Research.--The Secretary, in collaboration with the
Transportation Research Board of the National Research
Council, shall award grants to eligible institutions to
expand, intensify, and coordinate research that will--
``(A) investigate and define causal links between the built
environment and levels of physical activity in children;
``(B) include focus on a variety of geographic scales, with
particular focus given to smaller geographic units of
analysis such as neighborhoods and areas around elementary
schools and secondary schools;
``(C) identify or develop effective intervention strategies
to promote physical activity among children with focus on
behavioral interventions and enhancements of the built
environment that promote increased use by children; and
``(D) assure the generalizability of intervention
strategies to high-risk populations and high-risk
communities, including low-income urban and rural
communities.
``(2) Intervention pilot programs.--The Secretary, in
collaboration with the Transportation Research Board of the
National Research Council and with appropriate Federal
agencies, shall award grants to pilot test the intervention
strategies identified or developed through research
activities described in paragraph (1) relating to increasing
use of the built environment by children.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for each of fiscal years 2006
through 2010.
``SEC. 399BB-6. DEFINITIONS.
``For purposes of this part, the definitions contained in
section 401 of the Prevention of Childhood Obesity Act shall
apply.''.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. DEFINITIONS.
In this Act:
(1) Childhood.--The term ``childhood'' means children and
youth from birth to 18 years of age.
(2) Children.--The term ``children'' means children and
youth from birth through 18 years of age.
(3) Food of poor or minimal nutritional value.--The term
``food of poor or minimal nutritional value'' has the meaning
given the term ``food of minimal nutritional value'' for
purposes of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.) and part 210 of title 7, Code of
Federal Regulations.
(4) Obesity and overweight.--The terms ``obesity'' and
``overweight'' have the meanings given such terms by the
Centers for Disease Control and Prevention.
(5) Obesity control.--The term ``obesity control'' means
programs or activities for the prevention of excessive weight
gain.
(6) Obesity prevention.--The term ``obesity prevention''
means prevention of obesity or overweight.
______
By Ms. COLLINS (for herself, Mr. Lieberman, Mr. Voinovich, Mr.
Akaka, Ms. Landrieu, and Mr. Durbin):
S. 800. A bill to amend the District of Columbia Home Rule Act to
provide the District of Columbia with autonomy over its budgets, and
for other purposes; to the Committee on Homeland Security and
Governmental Affairs.
Ms. Collins. Mr. President, today I am introducing legislation that
includes the District of Columbia Budget Autonomy Act of 2005 and the
District of Columbia Independence of the Chief Financial Officer Act of
2005. Last Congress, I introduced this legislation, which passed the
Senate unanimously. This legislation would provide the District of
Columbia with more autonomy over its local budget and make permanent
the authority of the D.C. Chief Financial Officer.
Providing the District of Columbia with more autonomy over its local
budget will help the Mayor and the Council of the District of Columbia
better manage and run the city. Currently, the District of Columbia
must submit its budget through the normal Federal appropriations
process. Unfortunately, this process is often riddled with delays. For
example, the average delay for enactment of an appropriations bill for
the District of Columbia has been 3 months. The result of this delay is
clear. For a local community these delays affect programs, planning and
management initiatives important to the everyday lives of the residents
of the city.
The ability of D.C., like any other city in the Nation, to operate
efficiently and address the needs of its citizens is of utmost
importance. Unlike other budgets that are approved by Congress, the
local D.C. budget has a direct effect on local services and programs
and affects the quality oflife for the residents of D.C. Congress has
recognized the practical issues associated with running a city. As a
result, in the 1970s, Congress passed the D.C. Home Rule Act which
established the current form of local government. Congress also
empowered D.C. to enact local laws that affect the everyday lives of
District residents. And, now, I believe it is time for Congress to do
the same with regard to the local budget.
The District of Columbia Budget Autonomy Act of 2005 would address
these problems by authorizing the local government to pass its own
budget each year. This bill would only affect that portion of the D.C.
budget that includes the use oflocal funds, not Federal funds. In
addition, the bill still provides for congressional oversight. Prior to
a local budget becoming effective, Congress will have a 30-day period
[[Page S3675]]
in which to review the local budget. In addition, the local authority
to pass a budget would be suspended during any periods of poor
financial condition that would trigger a control year.
Having the locally elected officials of those providing the funds
that are the subject of the budget process decide on how those funds
should be spent is a matter of simple fairness. There are also the
practical difficulties that the current system causes when the local
budget is not approved until well into the fiscal year. By enacting
this bill, Congress would be appropriately carrying out its
constitutional duties with respect to the District by improving the
city's ability to better plan, manage and run its local programs and
services. This is what the taxpayers of the District of Columbia have
elected their local officials to do.
The legislation also includes the District of Columbia Independence
of the Chief Financial Officer Act of 2005 which would make permanent
the authority of the District of Columbia Chief Financial Officer. The
current Chief Financial Officer for the District of Columbia is
operating under authority it derived from the D.C. Control Board, which
is currently dormant due to the city's improved financial situation.
That authority was set to sunset when the D.C. Control Board was phased
out; however, the CFO's authority continues to be extended through the
appropriations process, until such time as permanent legislation is
enacted.
Ensuring continued financial accountability of the D.C. government is
crucial for the fiscal stability of the city. The CFO has played a
significant role in maintaining this stability. While providing the
District with more autonomy over its budgets, it is also important that
the CFO's authority is made permanent and that its role is clear.
I urge my colleagues to support this important piece of legislation.
______
By Mr. NELSON of Florida:
S. 801. A bill to designate the United States courthouse located at
300 North Hogan Street, Jacksonville, Florida, as the ``John Milton
Bryan Simpson United States Courthouse''; to the Committee on
Environment and Public Works.
Mr. NELSON. Mr. President, today I rise to introduce a bill
designating a Jacksonville courthouse as the John Milton Bryan Simpson
United States Courthouse.
John Milton Bryan Simpson was born in Kissimmee, FL, in 1903. He was
nominated to the Southern District Court of Florida by President Truman
in 1950 and to the Federal court of appeals by President Johnson in
1966.
Designating this courthouse after the late Judge Simpson is a fitting
tribute to a man whose judicial decisions were instrumental in
desegregating public facilities in Jacksonville, Orlando, and Daytona
Beach.
It is important that we remember not only his name but also his
legacy of courage during that period of our history.
I hope that other members of the Senate will join me in honoring
Judge Simpson, a man who was not only a hero to the state of Florida,
but a national hero.
______
By Mr. DOMENICI (for himself, Mr. Baucus, Mr. Burns, Mr. Johnson,
Mr. Roberts, Mr. Bingaman, Mr. Allard, Mr. Wyden, Mr. Smith,
Mr. Hagel, and Mr. Brownback):
S. 802. A bill to establish a National Drought Council within the
Department of Agriculture, to improve national drought preparedness,
mitigation, and response efforts, and for other purposes; to the
Committee on Agriculture, Nutrition, and Forestry.
Mr. DOMENICI1. Mr. President, I rise today to introduce The National
Drought Preparedness Act of 2005. First off, I would like to thank
Senator Baucus. As the lead cosponsor, his strong leadership and hard
work on this bill has been a tremendous help.
Drought is a unique emergency situation; it creeps in unlike other
abrupt weather disasters. Without a national drought policy we
constantly live not knowing what the next year will bring.
Unfortunately, when we find ourselves facing a drought, towns often
scramble to drill new water wells, fires often sweep across bone dry
forests and farmers and ranchers are forced to watch their way of life
blow away with the dust.
We must be vigilant and prepare ourselves for quick action when the
next drought cycle begins. Better planning on our part could limit some
of the damage felt by drought. I submit that this bill is the exact
tool needed for facilitating better planning.
This Act establishes a National Drought Council within the Department
of Agriculture to improve national drought preparedness, mitigation and
response efforts. The National Drought Council will formulate
strategies to alleviate the effects of drought by fostering a greater
understanding of what triggers wide-spread drought conditions. By
educating the public in water conservation and proper land stewardship,
we can ensure a better preparedness when future drought plagues our
country.
The impacts of drought are also very costly. According to NOAA, there
have been 12 different drought events since 1980 that resulted in
damages and costs exceeding $1 billion each. In 2000, severe drought in
the South-Central and Southeastern states caused losses to agriculture
and related industries of over $4 billion. Western wildfires that year
totaled over $2 billion in damages. The Eastern drought in 1999 led to
$1 billion in losses. These are just a few of the statistics.
While drought affects the economic and environmental well being of
the entire nation, the United States has lacked a cohesive strategy for
dealing with serious drought emergencies. As many of you know, the
impact of drought emerges gradually rather than suddenly as is the case
with other natural disasters.
I am pleased to be following through on what I started in 1997. The
bill that we are introducing today is the next step in implementing a
national, cohesive drought policy. The bill recognizes that drought is
a recurring phenomenon that causes serious economic and environmental
loss and that a national drought policy is needed to ensure an
integrated, coordinated strategy.
The National Drought Preparedness Act of 2005 does the following: It
creates national policy for drought. This will hopefully move the
country away from the costly, ad hoc, response-oriented approach to
drought, and move us toward a pro-active, preparedness approach. The
new national policy would provide the tools and focus, similar to the
Stafford Act, for Federal, State, tribal and local governments to
address the diverse impacts and costs caused by drought.
The Bill would improve delivery of federal drought programs. This
would ensure improved program delivery, integration and leadership. To
achieve this intended purpose, the bill establishes the National
Drought Council, designating USDA as the lead federal agency. The
Council and USDA would provide the coordinating and integrating
function for federal drought programs, much like FEMA provides that
function for other natural disasters under the Stafford Act.
The Act will provide new tools for drought preparedness planning.
Building on existing policy and planning processes, the bill would
assist states, local governments, tribes, and other entities in the
development and implementation of drought preparedness plans. The bill
does not mandate state and local planning, but is intended to
facilitate plan development and implementation through establishment of
the Drought Assistance Fund.
The bill would improve forecasting & monitoring by facilitating the
development of the National Drought Monitoring Network in order to
improve the characterization of current drought conditions and the
forecasting of future droughts. Ultimately, this would provide a better
basis to ``trigger'' federal drought assistance.
Finally, the bill would authorize the USDA to provide reimbursement
to states for reasonable staging and pre-positioning costs when there
is a threat of a wildfire.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 802
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page S3676]]
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Drought Preparedness Act of 2005''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents
Sec. 2. Findings
Sec. 3. Definitions
Sec. 4. Effect of Act
TITLE I--DROUGHT PREPAREDNESS
Subtitle A--National Drought Council
Sec. 101. Membership and voting
Sec. 102. Duties of the Council
Sec. 103. Powers of the Council
Sec. 104. Council personnel matters
Sec. 105. Authorization of appropriations
Sec. 106. Termination of Council
Subtitle B--National Office of Drought Preparedness
Sec. 111. Establishment
Sec. 112. Director of the Office
Sec. 113. Office staff
Subtitle C--Drought Preparedness Plans
Sec. 121. Drought Assistance Fund
Sec. 122. Drought preparedness plans
Sec. 123. Federal plans
Sec. 124. State and tribal plans
Sec. 125. Regional and local plans
Sec. 126. Plan elements
TITLE II--WILDFIRE SUPPRESSION
Sec. 201. Grants for prepositioning wildfire suppression resources
SEC. 2. FINDINGS.
Congress finds that--
(1) drought is a natural disaster;
(2) regional drought disasters in the United States cause
serious economic and environmental losses, yet there is no
national policy to ensure an integrated and coordinated
Federal strategy to prepare for, mitigate, or respond to such
losses;
(3) drought has an adverse effect on resource-dependent
businesses and industries (including the recreation and
tourism industries);
(4) State, tribal, and local governments have to increase
coordinated efforts with each Federal agency involved in
drought monitoring, planning, mitigation, and response;
(5) effective drought monitoring--
(A) is a critical component of drought preparedness and
mitigation; and
(B) requires a comprehensive, integrated national program
that is capable of providing reliable, accessible, and timely
information to persons involved in drought planning,
mitigation, and response activities;
(6) the National Drought Policy Commission was established
in 1998 to provide advice and recommendations on the creation
of an integrated, coordinated Federal policy designed to
prepare for and respond to serious drought emergencies;
(7) according to the report issued by the National Drought
Policy Commission in May 2000, the guiding principles of
national drought policy should be--
(A) to favor preparedness over insurance, insurance over
relief, and incentives over regulation;
(B) to establish research priorities based on the potential
of the research to reduce drought impacts;
(C) to coordinate the delivery of Federal services through
collaboration with State and local governments and other non-
Federal entities; and
(D) to improve collaboration among scientists and managers;
and
(8) the National Drought Council, in coordination with
Federal agencies and State, tribal, and local governments,
should provide the necessary direction, coordination,
guidance, and assistance in developing a comprehensive
drought preparedness system.
SEC. 3. DEFINITIONS.
In this Act:
(1) Council.--The term ``Council'' means the National
Drought Council established by section 101(a).
(2) Critical service provider.--The term ``critical service
provider'' means an entity that provides power, water
(including water provided by an irrigation organization or
facility), sewer services, or wastewater treatment.
(3) Director.--The term ``Director'' means the Director of
the Office appointed under section 112(a).
(4) Drought.--The term ``drought'' means a natural disaster
that is caused by a deficiency in precipitation--
(A) that may lead to a deficiency in surface and subsurface
water supplies (including rivers, streams, wetlands, ground
water, soil moisture, reservoir supplies, lake levels, and
snow pack); and
(B) that causes or may cause--
(i) substantial economic or social impacts; or
(ii) physical damage or injury to individuals, property, or
the environment.
(5) Fund.--The term ``Fund'' means the Drought Assistance
Fund established by section 121(a).
(6) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(7) Interstate watershed.--The term ``interstate
watershed'' means a watershed that crosses a State or tribal
boundary.
(8) Mitigation.--The term ``mitigation'' means a short- or
long-term action, program, or policy that is implemented in
advance of or during a drought to minimize any risks and
impacts of drought.
(9) National integrated drought information system.--The
term ``National Integrated Drought Information System'' means
a comprehensive system that collects and integrates
information on the key indicators of drought, including
stream flow, ground water levels, reservoir levels, soil
moisture, snow pack, and climate (including precipitation and
temperature), in order to make usable, reliable, and timely
assessments of drought, including the severity of drought and
drought forecasts.
(10) Neighboring country.--The term ``neighboring country''
means Canada and Mexico.
(11) Office.--The term ``Office'' means the National Office
of Drought Preparedness established under section 111.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(13) State.--The term ``State'' means--
(A) each of the several States of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(14) Trigger.--The term ``trigger'' means the thresholds or
criteria that must be satisfied before mitigation or
emergency assistance may be provided to an area--
(A) in which drought is emerging; or
(B) that is experiencing a drought.
(15) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Agriculture for Natural Resources and
Environment.
(16) United states.--The term ``United States'', when used
in a geographical sense, means all of the States.
(17) Watershed.--
(A) In general.--The term ``watershed'' means--
(i) a region or area with common hydrology;
(ii) an area drained by a waterway that drains into a lake
or reservoir;
(iii) the total area above a designated point on a stream
that contributes water to the flow at the designated point;
or
(iv) the topographic dividing line from which surface
streams flow in 2 different directions.
(B) Exclusion.--The term ``watershed'' does not include a
region or area described in subparagraph (A) that is larger
than a river basin.
(18) Watershed group.--The term ``watershed group'' means a
group of individuals that--
(A) represents the broad scope of relevant interests in a
watershed; and
(B) works in a collaborative manner to jointly plan the
management of the natural resources in the watershed; and
(C) is formally recognized by each of the States in which
the watershed lies.
SEC. 4. EFFECT OF ACT.
This Act does not affect--
(1) the authority of a State to allocate quantities of
water under the jurisdiction of the State; or
(2) any State water rights established as of the date of
enactment of this Act.
TITLE I--DROUGHT PREPAREDNESS
Subtitle A--National Drought Council
SEC. 101. MEMBERSHIP AND VOTING.
(a) In General.--There is established in the Office of the
Secretary a council to be known as the ``National Drought
Council''.
(b) Membership.--
(1) Composition.--The Council shall be composed of--
(A) the Secretary;
(B) the Secretary of Commerce;
(C) the Secretary of the Army;
(D) the Secretary of the Interior;
(E) the Director of the Federal Emergency Management
Agency;
(F) the Administrator of the Environmental Protection
Agency;
(G) 4 members appointed by the Secretary, in coordination
with the National Governors Association--
(i) who shall each be a Governor of a State; and
(ii) who shall collectively represent the geographic
diversity of the United States;
(H) 1 member appointed by the Secretary, in coordination
with the National Association of Counties;
(I) 1 member appointed by the Secretary, in coordination
with the United States Conference of Mayors;
(J) 1 member appointed by the Secretary of the Interior, in
coordination with Indian tribes, to represent the interests
of tribal governments; and
(K) 1 member appointed by the Secretary, in coordination
with the National Association of Conservation Districts, to
represent local soil and water conservation districts.
(2) Date of appointment.--The appointment of each member of
the Council shall be made not later than 120 days after the
date of enactment of this Act.
(c) Term; Vacancies.--
(1) Term.--
(A) In general.--Except as provided in subparagraph (B), a
member of the Council shall serve for the life of the
Council.
(B) Exception.--A member of the Council appointed under
subparagraphs (G) through
[[Page S3677]]
(K) of subsection (b)(1) shall be appointed for a term of 2
years.
(2) Vacancies.--
(A) In general.--A vacancy on the Council--
(i) shall not affect the powers of the Council; and
(ii) shall be filled in the same manner as the original
appointment was made.
(B) Duration of appointment.--A member appointed to fill a
vacancy occurring before the expiration of the term for which
the predecessor was appointed shall be appointed only for the
remainder of the term.
(d) Meetings.--
(1) In general.--The Council shall meet at the call of the
co-chairs.
(2) Frequency.--The Council shall meet at least
semiannually.
(e) Quorum.--A majority of the members of the Council,
including a designee of a member, shall constitute a quorum,
but a lesser number may hold hearings or conduct other
business.
(f) Co-chairs.--
(1) In general.--There shall be a Federal co-chair and non-
Federal co-chair of the Council.
(2) Appointment.--
(A) Federal co-chair.--The Secretary shall be Federal co-
chair.
(B) Non-federal co-chair.--Every 2 years, the Council
members appointed under subparagraphs (G) through (K) of
subsection (b)(1) shall select a non-Federal co-chair from
among the members appointed under those subparagraphs.
(g) Director.--
(1) In general.--The Director shall serve as Director of
the Council.
(2) Duties.--The Director shall serve the interests of all
members of the Council.
SEC. 102. DUTIES OF THE COUNCIL.
(a) In General.--The Council shall--
(1) not later than 1 year after the date of the first
meeting of the Council, develop a comprehensive National
Drought Policy Action Plan that--
(A)(i) delineates and integrates responsibilities for
activities relating to drought (including drought
preparedness, mitigation, research, risk management,
training, and emergency relief) among Federal agencies; and
(ii) ensures that those activities are coordinated with the
activities of the States, local governments, Indian tribes,
and neighboring countries;
(B) is consistent with--
(i) this Act and other applicable Federal laws; and
(ii) the laws and policies of the States for water
management;
(C) is integrated with drought management programs of the
States, Indian tribes, local governments, watershed groups,
and private entities; and
(D) avoids duplicating Federal, State, tribal, local,
watershed, and private drought preparedness and monitoring
programs in existence on the date of enactment of this Act;
(2) evaluate Federal drought-related programs in existence
on the date of enactment of this Act and make recommendations
to Congress and the President on means of eliminating--
(A) discrepancies between the goals of the programs and
actual service delivery;
(B) duplication among programs; and
(C) any other circumstances that interfere with the
effective operation of the programs;
(3) make recommendations to the President, Congress, and
appropriate Federal Agencies on--
(A) the establishment of common interagency triggers for
authorizing Federal drought mitigation programs; and
(B) improving the consistency and fairness of assistance
among Federal drought relief programs;
(4) in conjunction with the Secretary of Commerce,
coordinate and prioritize specific activities to establish
and improve the National Integrated Drought Information
System by--
(A) taking into consideration the limited resources for--
(i) drought monitoring, prediction, and research
activities; and
(ii) water supply forecasting; and
(B) providing for the development of an effective drought
early warning system that--
(i) communicates drought conditions and impacts to--
(I) decisionmakers at the Federal, regional, State, tribal,
and local levels of government;
(II) the private sector; and
(III) the public; and
(ii) includes near-real-time data, information, and
products developed at the Federal, regional, State, tribal,
and local levels of government that reflect regional and
State differences in drought conditions;
(5) in conjunction with the Secretary of the Army and the
Secretary of the Interior--
(A) encourage and facilitate the development of drought
preparedness plans under subtitle C, including establishing
the guidelines under sections 121(c) and 122(a); and
(B) based on a review of drought preparedness plans,
develop and make available to the public drought planning
models to reduce water resource conflicts relating to water
conservation and droughts;
(6) develop and coordinate public awareness activities to
provide the public with access to understandable, and
informative materials on drought, including--
(A) explanations of the causes of drought, the impacts of
drought, and the damages from drought;
(B) descriptions of the value and benefits of land
stewardship to reduce the impacts of drought and to protect
the environment;
(C) clear instructions for appropriate responses to
drought, including water conservation, water reuse, and
detection and elimination of water leaks;
(D) information on State and local laws applicable to
drought; and
(E) information on the assistance available to resource-
dependent businesses and industries during a drought; and
(7) establish operating procedures for the Council.
(b) Consultation.--In carrying out this section, the
Council shall consult with groups affected by drought
emergencies, including groups that represent--
(1) agricultural production, wildlife, and fishery
interests;
(2) forestry and fire management interests;
(3) the credit community;
(4) rural and urban water associations;
(5) environmental interests;
(6) engineering and construction interests;
(7) the portion of the science community that is concerned
with drought and climatology;
(8) resource-dependent businesses and other private
entities (including the recreation and tourism industries);
and
(9) watershed groups.
(c) Agency Roles and Responsibilities.--
(1) Designation of lead agencies.--
(A) Department of commerce.--The Department of Commerce
shall be the lead agency for purposes of implementing
subsection (a)(4).
(B) Departments of the army and the interior.--The
Department of the Army and the Department of the Interior
shall jointly be the lead agency for purposes of
implementing--
(i) paragraphs (5) and (6) of section subsection (a); and
(ii) section 122.
(C) Department of agriculture.--The Department of
Agriculture, in cooperation with the lead agencies designated
under subparagraphs (A) and (B), shall be the lead agency for
purposes of implementing section 121.
(2) Cooperation from other federal agencies.--The head of
each Federal agency shall cooperate as appropriate with the
lead agencies in carrying out any duties under this Act.
(d) Reports to Congress.--
(1) Annual report.--
(A) In general.--Not later than 1 year after the date of
the first meeting of the Council, and annually thereafter,
the Council shall submit to Congress a report on the
activities carried out under this title.
(B) Inclusions.--
(i) In general.--The annual report shall include a summary
of drought preparedness plans completed under sections 123
through 125.
(ii) Initial report.--The initial report submitted under
subparagraph (A) shall include any recommendations of the
Council under paragraph (2) or (3) of subsection (a).
(2) Final report.--Not later than 7 years after the date of
enactment of this Act, the Council shall submit to Congress a
report that recommends--
(A) amendments to this Act; and
(B) whether the Council should continue.
SEC. 103. POWERS OF THE COUNCIL.
(a) Hearings.--The Council may hold hearings, meet and act
at any time and place, take any testimony and receive any
evidence that the Council considers advisable to carry out
this title.
(b) Information From Federal Agencies.--
(1) In general.--The Council may obtain directly from any
Federal agency any information that the Council considers
necessary to carry out this title.
(2) Provision of information.--
(A) In general.--Except as provided in subparagraph (B), on
request of the Secretary or the non-Federal co-chair, the
head of a Federal agency may provide information to the
Council.
(B) Limitation.--The head of a Federal agency shall not
provide any information to the Council that the Federal
agency head determines the disclosure of which may cause harm
to national security interests.
(c) Postal Services.--The Council may use the United States
mail in the same manner and under the same conditions as
other agencies of the Federal Government.
(d) Gifts.--The Council may accept, use, and dispose of
gifts or donations of services or property.
(e) Federal Facilities.--If the Council proposes the use of
a Federal facility for the purposes of carrying out this
title, the Council shall solicit and consider the input of
the Federal agency with jurisdiction over the facility.
SEC. 104. COUNCIL PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) Non-federal employees.--A member of the Council who is
not an officer or employee of the Federal Government shall
serve without compensation.
(2) Federal employees.--A member of the Council who is an
officer or employee of the United States shall serve without
compensation in addition to the compensation received for
services of the member as an officer or employee of the
Federal Government.
(b) Travel Expenses.--A member of the Council shall be
allowed travel expenses at rates authorized for an employee
of an agency under subchapter I of chapter 57 of title 5,
[[Page S3678]]
United States Code, while away from the home or regular place
of business of the member in the performance of the duties of
the Council.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
title $2,000,000 for each of the 7 fiscal years after the
date of enactment of this Act.
SEC. 106. TERMINATION OF COUNCIL.
The Council shall terminate 8 years after the date of
enactment of this Act.
Subtitle B--National Office of Drought Preparedness
SEC. 111. ESTABLISHMENT.
The Secretary shall establish an office to be known as the
``National Office of Drought Preparedness'', which shall be
under the jurisdiction of the Under Secretary, to provide
assistance to the Council in carrying out this title.
SEC. 112. DIRECTOR OF THE OFFICE.
(a) Appointment.--
(1) In general.--The Under Secretary shall appoint a
Director of the Office under sections 3371 through 3375 of
title 5, United States Code.
(2) Qualifications.--The Director shall be a person who has
experience in--
(A) public administration; and
(B) drought mitigation or drought management.
(b) Powers.--The Director may hire such other additional
personnel or contract for services with other entities as
necessary to carry out the duties of the Office.
SEC. 113. OFFICE STAFF.
(a) In General.--The Office shall have at least 5 full-time
staff, including the detailees detailed under subsection
(b)(1).
(b) Detailees.--
(1) Required detailees.--There shall be detailed to the
Office, on a nonreimbursable basis--
(A) by the Director of the Federal Emergency Management
Agency, 1 employee of the Federal Emergency Management Agency
with expertise in emergency planning;
(B) by the Secretary of Commerce, 1 employee of the
Department of Commerce with experience in drought monitoring;
(C) by the Secretary of the Interior, 1 employee of the
Bureau of Reclamation with experience in water planning; and
(D) by the Secretary of the Army, 1 employee of the Army
Corps of Engineers with experience in water planning.
(2) Additional detailees.--
(A) In general.--In addition to any employees detailed
under paragraph (1), any other employees of the Federal
Government may be detailed to the Office.
(B) Reimbursement.--An employee detailed under subparagraph
(A) shall be detailed without reimbursement, unless the
Secretary, on the recommendation of the Director, determines
that reimbursement is appropriate.
(3) Civil service status.--The detail of an employee under
paragraph (1) or (2) shall be without interruption or loss of
civil service status or privilege.
Subtitle C--Drought Preparedness Plans
SEC. 121. DROUGHT ASSISTANCE FUND.
(a) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Drought
Assistance Fund''.
(b) Purpose.--The Fund shall be used to pay the costs of--
(1) providing technical and financial assistance (including
grants and cooperative assistance) to States, Indian tribes,
local governments, watershed groups, and critical service
providers for the development and implementation of drought
preparedness plans under sections 123 through 125;
(2) providing to States, Indian tribes, local governments,
watershed groups, and critical service providers the Federal
share, as determined by the Secretary, in consultation with
the other members of the Council, of the cost of mitigating
the overall risk and impacts of droughts;
(3) assisting States, Indian tribes, local governments,
watershed groups, and critical service providers in the
development of mitigation measures to address environmental,
economic, and human health and safety issues relating to
drought;
(4) expanding the technology transfer of drought and water
conservation strategies and innovative water supply
techniques;
(5) developing post-drought evaluations and
recommendations; and
(6) supplementing, if necessary, the costs of implementing
actions under section 102(a)(4).
(c) Guidelines.--
(1) In general.--The Secretary, in consultation with the
non-Federal co-chair and with the concurrence of the Council,
shall promulgate guidelines to implement this section.
(2) General requirements.--The guidelines shall--
(A) ensure the distribution of amounts from the Fund within
a reasonable period of time;
(B) take into consideration regional differences;
(C) take into consideration all impacts of drought in a
balanced manner;
(D) prohibit the use of amounts from the Fund for Federal
salaries that are not directly related to the provision of
drought assistance;
(E) require that amounts from the Fund provided to States,
local governments, watershed groups, and critical service
providers under subsection (b)(1) be coordinated with and
managed by the State in which the local governments,
watershed groups, or critical service providers are located,
consistent with the drought preparedness priorities and
relevant water management plans in the State;
(F) require that amounts from the Fund provided to Indian
tribes under subsection (b)(1) be used to implement plans
that are, to the maximum extent practicable--
(i) coordinated with any State in which land of the Indian
tribe is located; and
(ii) consistent with existing drought preparedness and
water management plans of the State; and
(G) require that a State, Indian tribe, local government,
watershed group, or critical service provider that receives
Federal funds under paragraph (2) or (3) of subsection (b)
pay, using amounts made available through non-Federal grants,
cash donations made by non-Federal persons or entities, or
any other non-Federal funds, not less than 25 percent of the
total cost of carrying out a project for which Federal funds
are provided under this Act.
(3) Special requirements applicable to interstate
watersheds.--
(A) Development of drought preparedness plans.--The
guidelines promulgated under paragraph (1) shall require
that, to receive financial assistance under subsection (b)(1)
for the development of drought preparedness plans for
interstate watersheds, the States or Indian tribes in which
the interstate watershed is located shall--
(i) cooperate in the development of the plan; and
(ii) in developing the plan--
(I) ensure that the plan is consistent with any applicable
State and tribal water laws, policies, and agreements;
(II) ensure that the plan is consistent and coordinated
with any interstate stream compacts;
(III) include the participation of any appropriate
watershed groups; and
(IV) recognize that while implementation of the plan will
involve further coordination among the appropriate States and
Indian tribes, each State and Indian tribe has sole
jurisdiction over implementation of the portion of the
watershed within the State or tribal boundaries.
(B) Implementation of drought preparedness plans.--The
guidelines promulgated under paragraph (1) shall require
that, to receive financial assistance under subsection (b)(1)
for the implementation of drought preparedness plans for
interstate watersheds, the States or Indian tribes in which
the interstate watershed is located shall, to the maximum
extent practicable--
(i) cooperate in implementing the plan;
(ii) in implementing the plan--
(I) provide that the distribution of funds to all States
and Indian tribes in which the watershed is located is not
required; and
(II) consider the level of impact within the watershed on
the affected States or Indian tribes; and
(iii) ensure that implementation of the plan does not
interfere with State water rights in existence on the date of
enactment of this Act.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Fund such sums as are necessary to
carry out subsection (b).
SEC. 122. DROUGHT PREPAREDNESS PLANS.
(a) In General.--The Secretary of the Interior and the
Secretary of the Army shall, with the concurrence of the
Council, jointly promulgate guidelines for administering a
national program to provide technical and financial
assistance to States, Indian tribes, local governments,
watershed groups, and critical service providers for the
development, maintenance, and implementation of drought
preparedness plans.
(b) Requirements.--To build on the experience and avoid
duplication of efforts of Federal, State, local, tribal, and
regional drought plans in existence on the date of enactment
of this Act, the guidelines may recognize and incorporate
those plans.
SEC. 123. FEDERAL PLANS.
(a) In General.--The Secretary, the Secretary of the
Interior, the Secretary of the Army, and other appropriate
Federal agency heads shall develop and implement Federal
drought preparedness plans for agencies under the
jurisdiction of the appropriate Federal agency head.
(b) Requirements.--The Federal plans--
(1) shall be integrated with each other;
(2) may be included as components of other Federal planning
requirements;
(3) shall be integrated with drought preparedness plans of
State, tribal, and local governments that are affected by
Federal projects and programs; and
(4) shall be completed not later than 2 years after the
date of enactment of this Act.
SEC. 124. STATE AND TRIBAL PLANS.
States and Indian tribes may develop and implement State
and tribal drought preparedness plans that--
(1) address monitoring of resource conditions that are
related to drought;
(2) identify areas that are at a high risk for drought;
(3) describes mitigation strategies to address and reduce
the vulnerability of an area to drought; and
(4) are integrated with State, tribal, and local water
plans in existence on the date of enactment of this Act.
[[Page S3679]]
SEC. 125. REGIONAL AND LOCAL PLANS.
Local governments, watershed groups, and regional water
providers may develop and implement drought preparedness
plans that--
(1) address monitoring of resource conditions that are
related to drought;
(2) identify areas that are at a high risk for drought;
(3) describe mitigation strategies to address and reduce
the vulnerability of an area to drought; and
(4) are integrated with corresponding State plans.
SEC. 126. PLAN ELEMENTS.
The drought preparedness plans developed under sections 123
through 125--
(1) shall be consistent with Federal and State laws,
contracts, and policies;
(2) shall allow each State to continue to manage water and
wildlife in the State;
(3) shall address the health, safety, and economic
interests of those persons directly affected by drought;
(4) shall address the economic impact on resource-dependent
businesses and industries, including regional tourism;
(5) may include--
(A) provisions for water management strategies to be used
during various drought or water shortage thresholds,
consistent with State water law;
(B) provisions to address key issues relating to drought
(including public health, safety, economic factors, and
environmental issues such as water quality, water quantity,
protection of threatened and endangered species, and fire
management);
(C) provisions that allow for public participation in the
development, adoption, and implementation of drought plans;
(D) provisions for periodic drought exercises, revisions,
and updates;
(E) a hydrologic characterization study to determine how
water is being used during times of normal water supply
availability to anticipate the types of drought mitigation
actions that would most effectively improve water management
during a drought;
(F) drought triggers;
(G) specific implementation actions for droughts;
(H) a water shortage allocation plan, consistent with State
water law; and
(I) comprehensive insurance and financial strategies to
manage the risks and financial impacts of droughts; and
(6) shall take into consideration--
(A) the financial impact of the plan on the ability of the
utilities to ensure rate stability and revenue stream; and
(B) economic impacts from water shortages.
TITLE II--WILDFIRE SUPPRESSION
SEC. 201. GRANTS FOR PREPOSITIONING WILDFIRE SUPPRESSION
RESOURCES.
Title II of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5131 et seq.) is amended
by adding at the end the following:
``SEC. 205. GRANTS FOR PREPOSITIONING WILDFIRE SUPPRESSION
RESOURCES.
``(a) Findings and Purpose.--
``(1) Findings.--Congress finds that--
``(A) droughts increase the risk of catastrophic wildfires
that--
``(i) drastically alter and otherwise adversely affect the
landscape for communities and the environment;
``(ii) because of the potential of such wildfires to
overwhelm State wildfire suppression resources, require a
coordinated response among States, Federal agencies, and
neighboring countries; and
``(iii) result in billions of dollars in losses each year;
``(B) the Federal Government must, to the maximum extent
practicable, prevent and suppress such catastrophic wildfires
to protect human life and property;
``(C) not taking into account State, local, and private
wildfire suppression costs, during the period of 2000 through
2004, the Federal Government expended more than
$5,800,000,000 for wildfire suppression costs, at an average
annual cost of almost $1,200,000,000;
``(D) since 1980, 2.8 percent of Federal wildfires have
been responsible for an average annual cost to the Forest
Service of more than $350,000,000;
``(E) the Forest Service estimates that annual national
mobilization costs are between $40,000,000 and $50,000,000;
``(F) saving 10 percent of annual national mobilization
costs through more effective use of local resources would
reduce costs by $4,000,000 to $5,000,000 each year;
``(G) it is more cost-effective to prevent wildfires by
prepositioning wildfire fighting resources to catch flare-ups
than to commit millions of dollars to respond to large
uncontrollable fires; and
``(H) it is in the best interest of the United States to
invest in catastrophic wildfire prevention and mitigation by
easing the financial burden of prepositioning wildfire
suppression resources.
``(2) Purpose.--The purpose of this section is to encourage
the mitigation and prevention of wildfires by providing
financial assistance to States for prepositioning of wildfire
suppression resources.
``(b) Authorization.--Subject to the availability of funds,
the Director of the Federal Emergency Management Agency
(referred to in this section as the `Director') shall
reimburse a State for the cost of prepositioning wildfire
suppression resources on potential multiple and large fire
complexes when the Director determines, in accordance with
the national and regional severity indices contained in the
Forest Service handbook entitled `Interagency Standards for
Fire and Fire Aviation Operations', that a wildfire event
poses a threat to life and property in the area.
``(c) Eligibility.--Wildfire suppression resources of the
Federal Government, neighboring countries, and any State
other than the State requesting assistance are eligible for
reimbursement under this section.
``(d) Reimbursement.--
``(1) In general.--The Director may reimburse a State for
the costs of prepositioning of wildfire suppression resources
of the entities specified in subsection (c), including
mobilization to, and demobilization from, the staging or
prepositioning area.
``(2) Requirements.--For a State to receive reimbursement
under paragraph (1)--
``(A) any resource provided by an entity specified in
subsection (c) shall have been specifically requested by the
State seeking reimbursement; and
``(B) staging or prepositioning costs--
``(i) shall be expended during the approved prepositioning
period; and
``(ii) shall be reasonable.
``(3) Limitation.--The amount of all reimbursements made
under this subsection during any year shall not exceed
$50,000,000.''.
Mr. JOHNSON. Mr. President, I rise today in support of bipartisan
National Drought Preparedness Act of 2005. For the last 5 years a
devastating drought has forced many families across South Dakota and
the United States to make difficult life-changing decisions about their
future in agriculture. Many of our Nation's hard-working producers have
had to abandon their farms, and the family farm life has been
threatened for too many people.
I was hopeful that the drought measures I have helped pass in the
last 5 years would assist producers in weathering the current drought.
With my support, the Senate, and ultimately Congress, agreed to
legislation providing either or agriculture disaster assistance
packages for 2001-2002 and 2003-2004. While this assistance is greatly
appreciated by those suffering from this natural disaster, I am
concerned for our future prospects for drought aid. Given the
President's reluctance to fund crucial USDA farm bill programs in his
proposed fiscal year 2006 budget, his insistence on cannibalizing $3
billion from the Conservation Security Program, CSP to fund the 2003-
2004 package, which should in fact be recognized as an uncapped
entitlement provision, and a historically high budgetary deficit, I am
concerned at our prospects of securing substantive monies for future
disasters. I will continue to work with my Senate colleagues to ensure
adequate dollars for South Dakota, but we must examine more
comprehensive measures for addressing drought.
That National Drought Preparedness Act will help us better prepare
for future droughts and reduce the need for large ad hoc disaster
programs that may cannibalize funds from other agricultural programs. I
am fully prepared to support special disaster assistance when it is
necessary, but with this act made law, producers, tribes, States, and
Federal agencies will be much better prepared for future droughts.
This act will do several things that will significantly increase our
ability to deal with drought conditions. The bill establishes, in the
office of the Secretary of Agriculture, a National Drought Council to
oversee the development of a national drought policy action plan. This
plan will be the blueprint for dealing with and preparing for drought.
The Federal government has plans for dealing with floods and
hurricanes, and we need the same kind of plan for the slow, dry
disaster that is drought. This bill recognizes drought as the natural
disaster it is.
The act also creates the National Office of Drought Preparedness.
This would be the permanent body that assists the National Drought
Council in the formulation and carrying out of the national drought
policy action plan.
A drought assistance fund will be established by this act, to assist
State and local governments in their development and implementation of
drought preparedness plans. The act will also provide assistance for
the rapid response to wildfires, which is critical to mitigating the
effects of a prolonged drought in forested areas, like we have in
western South Dakota.
Lastly, the act provides for the development of a national drought
forecasting and monitoring network, that will help forecast the onset
of droughts better and improve reporting on current droughts.
[[Page S3680]]
I am encouraged by what the National Drought Preparedness Act of 2005
has to offer to the farmers and ranchers of our great country. We must
treat drought like all other disasters are treated, and take an
aggressive stance toward minimizing its effect on communities across
America. That is why I am pleased to be an original cosponsor of this
important bipartisan piece of legislation.
______
By Mr. COLEMAN (for himself and Mrs. Clinton):
S. 803. A bill to amend the Employee Retirement Income Security Act
of 1974, the Public Health Service Act, and the Internal Revenue Code
of 1986 to provide parity with respect to substance abuse treatment
benefits under group health plans and health insurance coverage; to the
Committee on Health, Education, Labor, and Pensions.
Mr. COLEMAN. Mr. President, I am pleased to introduce the Help Expand
Access to Recovery and Treatment (HEART) Act of 2005 with my friend and
colleague, Senator Clinton of New York.
By passing this life-saving legislation, Congress would provide
equitable access to substance abuse treatment services for 23 million
adults and children who need treatment for the disease of alcoholism
and other drug dependencies.
HEART would put the decision of whether or not consumers are granted
substance abuse treatment services in the hands of doctors and trained
addiction professionals, and patients. At least 75 percent of
individuals who suffer from alcoholism have access to private health
insurance. However, fewer than 70 percent of employer-provided health
plans cover alcoholism and drug treatment at the same level as other
medical conditions.
Our bill eliminates this inequitable coverage of medical conditions
so those who need treatment receive it.
I look forward to working with my colleagues to pass this legislation
that is not just important to our nation's economy and the health of
our workforce but to the quality of life for millions of Americans and
their families.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 803
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 ``Help Expand Access to
Recovery and Treatment Act of 2005'' or the ``HEART Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Substance abuse, if left untreated, is a medical
emergency and a private and public health crisis.
(2) Nothing in this Act should be construed as prohibiting
application of the concept of parity to substance abuse
treatment provided by faith-based treatment providers.
SEC. 3. PARITY IN SUBSTANCE ABUSE TREATMENT BENEFITS.
(a) Group Health Plans.--
(1) Public health service act amendments.--
(A) In general.--Subpart 2 of part A of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is
amended by adding at the end the following new section:
``SEC. 2707. PARITY IN THE APPLICATION OF TREATMENT
LIMITATIONS AND FINANCIAL REQUIREMENTS TO
SUBSTANCE ABUSE TREATMENT BENEFITS.
``(a) In General.--In the case of a group health plan (or
health insurance coverage offered in connection with such a
plan) that provides both medical and surgical benefits and
substance abuse treatment benefits, the plan or coverage
shall not impose treatment limitations or financial
requirements on the substance abuse treatment benefits unless
similar limitations or requirements are imposed for medical
and surgical benefits.
``(b) Construction.--Nothing in this section shall be
construed--
``(1) as requiring a group health plan (or health insurance
coverage offered in connection with such a plan) to provide
any substance abuse treatment benefits; or
``(2) to prevent a group health plan or a health insurance
issuer offering group health insurance coverage from
negotiating the level and type of reimbursement with a
provider for care provided in accordance with this section.
``(c) Exemptions.--
``(1) Small employer exemption.--
``(A) In general.--This section shall not apply to any
group health plan (and group health insurance coverage
offered in connection with a group health plan) for any plan
year of a small employer.
``(B) Small employer.--For purposes of subparagraph (A),
the term `small employer' means, in connection with a group
health plan with respect to a calendar year and a plan year,
an employer who employed an average of at least 2 but not
more than 50 employees on business days during the preceding
calendar year and who employs at least 2 employees on the
first day of the plan year.
``(C) Application of certain rules in determination of
employer size.--For purposes of this paragraph--
``(i) Application of aggregation rule for employers.--Rules
similar to the rules under subsections (b), (c), (m), and (o)
of section 414 of the Internal Revenue Code of 1986 shall
apply for purposes of treating persons as a single employer.
``(ii) Employers not in existence in preceding year.--In
the case of an employer which was not in existence throughout
the preceding calendar year, the determination of whether
such employer is a small employer shall be based on the
average number of employees that it is reasonably expected
such employer will employ on business days in the current
calendar year.
``(iii) Predecessors.--Any reference in this paragraph to
an employer shall include a reference to any predecessor of
such employer.
``(2) Increased cost exemption.--This section shall not
apply with respect to a group health plan (or health
insurance coverage offered in connection with a group health
plan) if the application of this section to such plan (or to
such coverage) results in an increase in the cost under the
plan (or for such coverage) of at least 1 percent.
``(d) Separate Application to Each Option Offered.--In the
case of a group health plan that offers a participant or
beneficiary 2 or more benefit package options under the plan,
the requirements of this section shall be applied separately
with respect to each such option.
``(e) Definitions.--For purposes of this section:
``(1) Treatment limitation.--The term `treatment
limitation' means, with respect to benefits under a group
health plan or health insurance coverage, any day or visit
limits imposed on coverage of benefits under the plan or
coverage during a period of time.
``(2) Financial requirement.--The term `financial
requirement' means, with respect to benefits under a group
health plan or health insurance coverage, any deductible,
coinsurance, or cost-sharing or an annual or lifetime dollar
limit imposed with respect to the benefits under the plan or
coverage.
``(3) Medical or surgical benefits.--The term `medical or
surgical benefits' means benefits with respect to medical or
surgical services, as defined under the terms of the plan or
coverage (as the case may be), but does not include substance
abuse treatment benefits.
``(4) Substance abuse treatment benefits.--The term
`substance abuse treatment benefits' means benefits with
respect to substance abuse treatment services.
``(5) Substance abuse treatment services.--The term
`substance abuse treatment services' means any of the
following items and services provided for the treatment of
substance abuse:
``(A) Inpatient treatment, including detoxification.
``(B) Nonhospital residential treatment.
``(C) Outpatient treatment, including screening and
assessment, medication management, individual, group, and
family counseling, and relapse prevention.
``(D) Prevention services, including health education and
individual and group counseling to encourage the reduction of
risk factors for substance abuse.
``(6) Substance abuse.--The term `substance abuse' includes
chemical dependency.
``(f) Notice.--A group health plan under this part shall
comply with the notice requirement under section 714(f) of
the Employee Retirement Income Security Act of 1974 with
respect to the requirements of this section as if such
section applied to such plan.''.
(B) Conforming amendment.--Section 2723(c) of such Act (42
U.S.C. 300gg-23(c)) is amended by striking ``section 2704''
and inserting ``sections 2704 and 2707''.
(2) ERISA amendments.--
(A) In general.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding at the end the
following new section:
``SEC. 714. PARITY IN THE APPLICATION OF TREATMENT
LIMITATIONS AND FINANCIAL REQUIREMENTS TO
SUBSTANCE ABUSE TREATMENT BENEFITS.
``(a) In General.--In the case of a group health plan (or
health insurance coverage offered in connection with such a
plan) that provides both medical and surgical benefits and
substance abuse treatment benefits, the plan or coverage
shall not impose treatment limitations or financial
requirements on the substance abuse treatment benefits unless
similar limitations or requirements are imposed for medical
and surgical benefits.
``(b) Construction.--Nothing in this section shall be
construed--
``(1) as requiring a group health plan (or health insurance
coverage offered in connection with such a plan) to provide
any substance abuse treatment benefits; or
``(2) to prevent a group health plan or a health insurance
issuer offering group health
[[Page S3681]]
insurance coverage from negotiating the level and type of
reimbursement with a provider for care provided in accordance
with this section.
``(c) Exemptions.--
``(1) Small employer exemption.--
``(A) In general.--This section shall not apply to any
group health plan (and group health insurance coverage
offered in connection with a group health plan) for any plan
year of a small employer.
``(B) Small employer.--For purposes of subparagraph (A),
the term `small employer' means, in connection with a group
health plan with respect to a calendar year and a plan year,
an employer who employed an average of at least 2 but not
more than 50 employees on business days during the preceding
calendar year and who employs at least 2 employees on the
first day of the plan year.
``(C) Application of certain rules in determination of
employer size.--For purposes of this paragraph--
``(i) Application of aggregation rule for employers.--Rules
similar to the rules under subsections (b), (c), (m), and (o)
of section 414 of the Internal Revenue Code of 1986 shall
apply for purposes of treating persons as a single employer.
``(ii) Employers not in existence in preceding year.--In
the case of an employer which was not in existence throughout
the preceding calendar year, the determination of whether
such employer is a small employer shall be based on the
average number of employees that it is reasonably expected
such employer will employ on business days in the current
calendar year.
``(iii) Predecessors.--Any reference in this paragraph to
an employer shall include a reference to any predecessor of
such employer.
``(2) Increased cost exemption.--This section shall not
apply with respect to a group health plan (or health
insurance coverage offered in connection with a group health
plan) if the application of this section to such plan (or to
such coverage) results in an increase in the cost under the
plan (or for such coverage) of at least 1 percent.
``(d) Separate Application to Each Option Offered.--In the
case of a group health plan that offers a participant or
beneficiary 2 or more benefit package options under the plan,
the requirements of this section shall be applied separately
with respect to each such option.
``(e) Definitions.--For purposes of this section:
``(1) Treatment limitation.--The term `treatment
limitation' means, with respect to benefits under a group
health plan or health insurance coverage, any day or visit
limits imposed on coverage of benefits under the plan or
coverage during a period of time.
``(2) Financial requirement.--The term `financial
requirement' means, with respect to benefits under a group
health plan or health insurance coverage, any deductible,
coinsurance, or cost-sharing or an annual or lifetime dollar
limit imposed with respect to the benefits under the plan or
coverage.
``(3) Medical or surgical benefits.--The term `medical or
surgical benefits' means benefits with respect to medical or
surgical services, as defined under the terms of the plan or
coverage (as the case may be), but does not include substance
abuse treatment benefits.
``(4) Substance abuse treatment benefits.--The term
`substance abuse treatment benefits' means benefits with
respect to substance abuse treatment services.
``(5) Substance abuse treatment services.--The term
`substance abuse treatment services' means any of the
following items and services provided for the treatment of
substance abuse:
``(A) Inpatient treatment, including detoxification.
``(B) Nonhospital residential treatment.
``(C) Outpatient treatment, including screening and
assessment, medication management, individual, group, and
family counseling, and relapse prevention.
``(D) Prevention services, including health education and
individual and group counseling to encourage the reduction of
risk factors for substance abuse.
``(6) Substance abuse.--The term `substance abuse' includes
chemical dependency.
``(f) Notice Under Group Health Plan.--The imposition of
the requirements of this section shall be treated as a
material modification in the terms of the plan described in
section 102(a), for purposes of assuring notice of such
requirements under the plan; except that the summary
description required to be provided under section 104(b)(1)
with respect to such modification shall be provided by not
later than 60 days after the first day of the first plan year
in which such requirements apply.''.
(B) Conforming amendments.--
(i) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(ii) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(iii) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 713
the following new item:
``714. Parity in the application of treatment limitations and financial
requirements to substance abuse treatment benefits''.
(3) Internal revenue code amendments.--
(A) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 (relating to other
requirements) is amended by adding at the end the following
new section:
``SEC. 9813. PARITY IN THE APPLICATION OF TREATMENT
LIMITATIONS AND FINANCIAL REQUIREMENTS TO
SUBSTANCE ABUSE TREATMENT BENEFITS.
``(a) In General.--In the case of a group health plan that
provides both medical and surgical benefits and substance
abuse treatment benefits, the plan shall not impose treatment
limitations or financial requirements on the substance abuse
treatment benefits unless similar limitations or requirements
are imposed for medical and surgical benefits.
``(b) Construction.--Nothing in this section shall be
construed--
``(1) as requiring a group health plan to provide any
substance abuse treatment benefits; or
``(2) to prevent a group health plan from negotiating the
level and type of reimbursement with a provider for care
provided in accordance with this section.
``(c) Exemptions.--
``(1) Small employer exemption.--
``(A) In general.--This section shall not apply to any
group health plan for any plan year of a small employer.
``(B) Small employer.--For purposes of subparagraph (A),
the term `small employer' means, in connection with a group
health plan with respect to a calendar year and a plan year,
an employer who employed an average of at least 2 but not
more than 50 employees on business days during the preceding
calendar year and who employs at least 2 employees on the
first day of the plan year.
``(C) Application of certain rules in determination of
employer size.--For purposes of this paragraph--
``(i) Application of aggregation rule for employers.--Rules
similar to the rules under subsections (b), (c), (m), and (o)
of section 414 shall apply for purposes of treating persons
as a single employer.
``(ii) Employers not in existence in preceding year.--In
the case of an employer which was not in existence throughout
the preceding calendar year, the determination of whether
such employer is a small employer shall be based on the
average number of employees that it is reasonably expected
such employer will employ on business days in the current
calendar year.
``(iii) Predecessors.--Any reference in this paragraph to
an employer shall include a reference to any predecessor of
such employer.
``(2) Increased cost exemption.--This section shall not
apply with respect to a group health plan if the application
of this section to such plan results in an increase in the
cost under the plan of at least 1 percent.
``(d) Separate Application to Each Option Offered.--In the
case of a group health plan that offers a participant or
beneficiary 2 or more benefit package options under the plan,
the requirements of this section shall be applied separately
with respect to each such option.
``(e) Definitions.--For purposes of this section:
``(1) Treatment limitation.--The term `treatment
limitation' means, with respect to benefits under a group
health plan, any day or visit limits imposed on coverage of
benefits under the plan during a period of time.
``(2) Financial requirement.--The term `financial
requirement' means, with respect to benefits under a group
health plan, any deductible, coinsurance, or cost-sharing or
an annual or lifetime dollar limit imposed with respect to
the benefits under the plan.
``(3) Medical or surgical benefits.--The term `medical or
surgical benefits' means benefits with respect to medical or
surgical services, as defined under the terms of the plan,
but does not include substance abuse treatment benefits.
``(4) Substance abuse treatment benefits.--The term
`substance abuse treatment benefits' means benefits with
respect to substance abuse treatment services.
``(5) Substance abuse treatment services.--The term
`substance abuse treatment services' means any of the
following items and services provided for the treatment of
substance abuse:
``(A) Inpatient treatment, including detoxification.
``(B) Nonhospital residential treatment.
``(C) Outpatient treatment, including screening and
assessment, medication management, individual, group, and
family counseling, and relapse prevention.
``(D) Prevention services, including health education and
individual and group counseling to encourage the reduction of
risk factors for substance abuse.
``(6) Substance abuse.--The term `substance abuse' includes
chemical dependency.''.
(B) Conforming amendments.--
(i) Section 4980D(d)(1) of such Code is amended by striking
``section 9811'' and inserting ``sections 9811 and 9813''.
(ii) The table of sections of subchapter B of chapter 100
of such Code is amended by adding at the end the following
new item:
``9813. Parity in the application of treatment limitations and
financial requirements to substance abuse treatment
benefits''.
(b) Individual Health Insurance.--
(1) Amendment to the public health service act.--Part B of
title XXVII of the
[[Page S3682]]
Public Health Service Act (42 U.S.C. 300gg-41 et seq.) is
amended by inserting after section 2752 the following new
section:
``SEC. 2753. PARITY IN THE APPLICATION OF TREATMENT
LIMITATIONS AND FINANCIAL REQUIREMENTS TO
SUBSTANCE ABUSE BENEFITS.
``(a) In General.--The provisions of section 2707 (other
than subsection (e)) shall apply to health insurance coverage
offered by a health insurance issuer in the individual market
in the same manner as it applies to health insurance coverage
offered by a health insurance issuer in connection with a
group health plan in the small or large group market.
``(b) Notice.--A health insurance issuer under this part
shall comply with the notice requirement under section 714(f)
of the Employee Retirement Income Security Act of 1974 with
respect to the requirements referred to in subsection (a) as
if such section applied to such issuer and such issuer were a
group health plan.''.
(2) Conforming amendment.--Section 2762(b)(2) of such Act
(42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section
2751'' and inserting ``sections 2751 and 2753''.
(c) Effective Dates.--
(1) Group health plans.--Subject to paragraph (3), the
amendments made by subsection (a) apply with respect to group
health plans for plan years beginning on or after January 1,
2006.
(2) Individual health insurance.--The amendments made by
subsection (b) apply with respect to health insurance
coverage offered, sold, issued, renewed, in effect, or
operated in the individual market on or after January 1,
2006.
(3) Special rule.--In the case of a group health plan
maintained pursuant to 1 or more collective bargaining
agreements between employee representatives and 1 or more
employers ratified before the date of enactment of this Act,
the amendments made by subsection (a) shall not apply to plan
years beginning before the later of--
(A) the date on which the last collective bargaining
agreements relating to the plan terminates (determined
without regard to any extension thereof agreed to after the
date of enactment of this Act), or
(B) January 1, 2006.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any
requirement added by subsection (a) shall not be treated as a
termination of such collective bargaining agreement.
(d) Coordinated Regulations.--Section 104(1) of the Health
Insurance Portability and Accountability Act of 1996 is
amended by striking ``this subtitle (and the amendments made
by this subtitle and section 401)'' and inserting ``the
provisions of part 7 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974, and the provisions of
parts A and C of title XXVII of the Public Health Service
Act, and chapter 100 of the Internal Revenue Code of 1986''.
(e) Preemption.--Nothing in the amendments made by this
section shall be construed to preempt any provision of State
law that provides protections to individuals that are greater
than the protections provided under such amendments.
______
By Mr. CRAIG (for himself and Mr. Akaka):
S. 806. A bill to amend title 38, United States Code, to provide a
traumatic injury protection rider to servicemembers insured under
section 1967(a)(1) of such title; to the Committee on Veterans'
Affairs.
Mr. CRAIG. Mr. President, I rise on behalf of myself and the
distinguished ranking member of the Veterans Committee, Senator Akaka,
to introduce legislation providing a traumatic injury protection rider
for servicemembers. I urge all my colleagues to review this important
legislation and support its enactment, and I ask unanimous consent that
the text of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 806
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. TRAUMATIC INJURY PROTECTION.
(a) In General.--Subchapter III of chapter 19 of title 38,
United States Code, is amended--
(1) in section 1965, by adding at the end the following:
``(11) The term `activities of daily living' means the
inability to independently perform 2 of the 6 following
functions:
``(A) Bathing.
``(B) Continence.
``(C) Dressing.
``(D) Eating.
``(E) Toileting.
``(F) Transferring.''; and
(2) by adding at the end the following:
``Sec. 1980A. Traumatic injury protection
``(a) A member who is insured under subparagraph (A)(i),
(B), or (C)(i) of section 1967(a)(1) shall automatically be
issued a traumatic injury protection rider that will provide
for a payment not to exceed $100,000 if the member, while so
insured, sustains a traumatic injury that results in a loss
described in subsection (b)(1). The maximum amount payable
for all injuries resulting from the same traumatic event
shall be limited to $100,000. If a member suffers more than 1
such loss as a result of traumatic injury, payment will be
made in accordance with the schedule in subsection (d) for
the single loss providing the highest payment.
``(b)(1) A member who is issued a traumatic injury
protection rider under subsection (a) is insured against--
``(A) total and permanent loss of sight;
``(B) loss of a hand or foot by severance at or above the
wrist or ankle;
``(C) total and permanent loss of speech;
``(D) total and permanent loss of hearing in both ears;
``(E) loss of thumb and index finger of the same hand by
severance at or above the metacarpophalangeal joints;
``(F) quadriplegia, paraplegia, or hemiplegia;
``(G) burns greater than second degree, covering 30 percent
of the body or 30 percent of the face; and
``(H) coma or the inability to carry out the activities of
daily living resulting from traumatic injury to the brain.
``(2) For purposes of this subsection--
``(A) the term `quadriplegia' means the complete and
irreversible paralysis of all 4 limbs;
``(B) the term `paraplegia' means the complete and
irreversible paralysis of both lower limbs; and
``(C) the term `hemiplegia' means the complete and
irreversible paralysis of the upper and lower limbs on 1 side
of the body.
``(3) In no case will a member be covered against loss
resulting from--
``(A) attempted suicide, while sane or insane;
``(B) an intentionally self-inflicted injury or any attempt
to inflict such an injury;
``(C) illness, whether the loss results directly or
indirectly;
``(D) medical or surgical treatment of illness, whether the
loss results directly or indirectly;
``(E) any infection other than--
``(i) a pyogenic infection resulting from a cut or wound;
or
``(ii) a bacterial infection resulting from ingestion of a
contaminated substance;
``(F) the commission of or attempt to commit a felony;
``(G) being legally intoxicated or under the influence of
any narcotic unless administered or consumed on the advice of
a physician; or
``(H) willful misconduct as determined by a military court,
civilian court, or administrative body.
``(c) A payment under this section may be made only if--
``(1) the member is insured under Servicemembers' Group
Life Insurance when the traumatic injury is sustained;
``(2) the loss results directly from that traumatic injury
and from no other cause; and
``(3) the member suffers the loss not later than 90 days
after sustaining the traumatic injury, except, if the loss is
quadriplegia, paraplegia, or hemiplegia, the member suffers
the loss not later than 365 days after sustaining the
traumatic injury.
``(d) Payments under this section for losses described in
subsection (b)(1) will be made in accordance with the
following schedule:
``(1) Loss of both hands, $100,000.
``(2) Loss of both feet, $100,000.
``(3) Inability to carry out activities of daily living
resulting from traumatic brain injury, $100,000.
``(4) Burns greater than second degree, covering 30 percent
of the body or 30 percent of the face, $100,000.
``(5) Loss of sight in both eyes, $100,000.
``(6) Loss of 1 hand and 1 foot, $100,000.
``(7) Loss of 1 hand and sight of 1 eye, $100,000.
``(8) Loss of 1 foot and sight of 1 eye, $100,000.
``(9) Loss of speech and hearing in 1 ear, $100,000.
``(10) Total and permanent loss of hearing in both ears,
$100,000.
``(11) Quadriplegia, $100,000.
``(12) Paraplegia, $75,000.
``(13) Loss of 1 hand, $50,000.
``(14) Loss of 1 foot, $50,000.
``(15) Loss of sight one eye, $50,000.
``(16) Total and permanent loss of speech, $50,000.
``(17) Loss of hearing in 1 ear, $50,000.
``(18) Hemiplegia, $50,000.
``(19) Loss of thumb and index finger of the same hand,
$25,000.
``(20) Coma resulting from traumatic brain injury, $50,000
at time of claim and $50,000 at end of 6-month period.
``(e)(1) During any period in which a member is insured
under this section and the member is on active duty, there
shall be deducted each month from the member's basic or other
pay until separation or release from active duty an amount
determined by the Secretary of Veterans Affairs as the
premium allocable to the pay period for providing traumatic
injury protection under this section (which shall be the same
for all such members) as the share of the cost attributable
to provided coverage under this section, less any costs
traceable to the extra hazards of such duty in the uniformed
services.
``(2) During any month in which a member is assigned to the
Ready Reserve of a uniformed service under conditions which
meet the qualifications set forth in section 1965(5)(B) of
this title and is insured under a
[[Page S3683]]
policy of insurance purchased by the Secretary of Veterans
Affairs under section 1966 of this title, there shall be
contributed from the appropriation made for active duty pay
of the uniformed service concerned an amount determined by
the Secretary of Veterans Affairs (which shall be the same
for all such members) as the share of the cost attributable
to provided coverage under this section, less any costs
traceable to the extra hazards of such duty in the uniformed
services. Any amounts so contributed on behalf of any member
shall be collected by the Secretary of the concerned service
from such member (by deduction from pay or otherwise) and
shall be credited to the appropriation from which such
contribution was made in advance on a monthly basis.
``(3) The Secretary of Veterans Affairs shall determine the
premium amounts to be charged for traumatic injury protection
coverage provided under this section.
``(4) The premium amounts shall be determined on the basis
of sound actuarial principles and shall include an amount
necessary to cover the administrative costs to the insurer or
insurers providing such insurance.
``(5) Each premium rate for the first policy year shall be
continued for subsequent policy years, except that the rate
may be adjusted for any such subsequent policy year on the
basis of the experience under the policy, as determined by
the Secretary of Veterans Affairs in advance of that policy
year.
``(6) The cost attributable to insuring such member under
this section, less the premiums deducted from the pay of the
member's uniformed service, shall be paid by the Secretary of
Defense to the Secretary of Veterans Affairs. This amount
shall be paid on a monthly basis, and shall be due within 10
days of the notice provided by the Secretary of Veterans
Affairs to the Secretary of the concerned uniformed service.
``(7) The Secretary of Defense shall provide the amount of
appropriations required to pay expected claims in a policy
year, as determined according to sound actuarial principles
by the Secretary of Veterans Affairs.
``(8) The Secretary of Defense shall forward an amount to
the Secretary of Veterans Affairs that is equivalent to half
the anticipated cost of claims for the current fiscal year,
upon the effective date of this legislation.
``(f) The Secretary of Defense shall certify whether any
member claiming the benefit under this section is eligible.
``(g) Payment for a loss resulting from traumatic injury
will not be made if the member dies not more than 7 days
after the date of the injury. If the member dies before
payment to the member can be made, the payment will be made
according to the member's most current beneficiary
designation under Servicemembers' Group Life Insurance, or a
by law designation, if applicable.
``(h) Coverage for loss resulting from traumatic injury
provided under this section shall cease at midnight on the
date of the member's separation from the uniformed service.
Payment will not be made for any loss resulting from injury
incurred after the date a member is separated from the
uniformed services.
``(i) Insurance coverage provided under this section is not
convertible to Veterans' Group Life Insurance.''.
(b) Clerical Amendment.--The table of sections for chapter
19 of title 38, United States Code, is amended by adding
after the item relating to section 1980 the following:
``1980A. Traumatic injury protection. ''.
SEC. 2. EFFECTIVE DATE.
The amendments made by section 1 shall take effect on the
first day of the first month beginning more than 180 days
after the date of enactment of this Act.
______
By Mr. CRAIG (for himself, Mr. Crapo, and Mr. Smith):
S. 807. A bill to amend the Federal Land Policy and Management Act of
1976 to provide owners of non-Federal lands with a reliable method of
receiving compensation for damages resulting from the spread of
wildfire from nearby forested National Forest System lands or Bureau of
Land Management lands, when those forested Federal lands are not
maintained in the forest health status known as condition class 1; to
the Committee on Energy and Natural Resources.
Mr. CRAIG. Mr. President, I rise today to introduce the Enhanced
Safety from Wildfire Act of 2005. I am joined by my colleagues Mr.
Crapo and Mr. Smith.
The legislation we are introducing would amend the Federal Land
Policy and Management Act of 1976 to make it possible for non-federal
land owners to receive compensation for a loss of property as a result
of wildfire spreading from Federal land that has not been managed as
Condition Class 1.
As we all know, in recent years, there has been a significant amount
of injury and loss of property resulting from the spread of wildfire
from Federal forested lands to non-Federal lands. Recent wildfires on
federal forested lands have shown that lands managed under approved
forest health management practices are less susceptible to wildfire, or
are subjected to less severe wildfire, than similarly forested lands
that are not actively managed.
There is a continuing and growing threat to the safety of
communities, individuals, homes and other property, and timber on non-
Federal lands that adjoin Federal forested lands because of the
unnatural accumulation of forest fuels on these Federal lands and the
lack of active Federal management of these lands.
The use of approved forest health management practices to create
forest fire ``buffer zones'' between forested Federal lands and
adjacent non-Federal lands would reduce the occurrence of wildfires on
forested federal lands or, at least, limit their spread to non-Federal
lands and the severity of the resulting damage.
This legislation requires the agencies to manage a ``buffer zone'' on
Federal land, greater than 6,400 acres, that is adjacent to non-Federal
land. When forested Federal lands adjacent to non-Federal lands are not
adequately managed with a ``buffer zone'' and wildfire occurs, the
legislation states the owners of the non-Federal lands are eligible for
compensation for damages resulting from the spread of wildfire to their
lands. The legislation sets minimum criteria for non-Federal land to be
eligible for compensation.
Our federal land management agencies need to take responsibility for
the impacts that occur on non-Federal land as a result of a lack of
management on federal land. As a society, we have come to expect that
our neighbors take responsibility for their actions and I feel the
federal land management agencies should not escape this responsibility
either.
In the next few weeks, the weather will heat up, the drought ridden
West will become drier, wildfire danger will rise, and I fear we will
once again hear reports regarding the loss of property.
I know this legislation may not be the answer to solving our Federal
land management problems and I am willing to discuss other options, but
I know that until we address the heart of this issue, homes, private
land, and communities will continue to be at risk because of poor
Federal land management. Being a good neighbor means being responsible
for your actions.
______
By Mr. DURBIN (for himself and Ms. Collins):
S. 808. A bill to encourage energy conservation through bicycling; to
the Committee on Commerce, Science, and Transportation.
Mr. DURBIN. Madam President, I rise today to introduce the Conserve
by Bike Act to promote energy conservation and improve public health. I
am pleased to be joined by my colleague from Maine, Senator Susan
Collins, in introducing this measure. This legislation addresses one
part of our Nation's energy challenges. Although there is no single
solution to solve our energy problems, I believe that every possible
approach must be considered.
Our Nation would realize several benefits from the increased use of
bicycle transportation, including lessened dependence on foreign oil
and prevention of harmful air emissions. Currently, less than one trip
in one hundred, .88 percent, is by bicycle. If we can increase cycling
use to one and a half trips per hundred, which is less than one bike
trip every two weeks for the average person, we will save more than 462
million gallons of gasoline in a year, worth more than $721 million.
That is the equivalent of one full day per year in which the U.S. will
not need to import any foreign oil.
In addition to fostering greater energy security, this bill will help
mitigate air quality challenges, which can be harmful to public health
and the environment. Unlike automotive transportation, bicycling is
emission-free.
The Conserve by Bike Act encourages bicycling through two key
components: a pilot program and a research project. The Conserve by
Bike Pilot Program established by this legislation would be implemented
by the U.S. Department of Transportation. The Department would fund up
to ten pilot projects throughout the country that would utilize
education and marketing tools to encourage people to convert some of
their car trips to bike trips. Each of these pilot projects must: (1)
document project results and energy conserved; (2) facilitate
partnerships among stakeholders in two or more of the following fields:
transportation, law enforcement, education, public health,
[[Page S3684]]
and the environment; (3) maximize current bicycle facility investments;
(4) demonstrate methods that can be replicated in other locations; and
(5) produce ongoing programs that are sustained by local resources.
This legislation also directs the Transportation Research Board of
the National Academy of Sciences to conduct a research project on
converting car trips to bike trips. The study will consider: (1) what
car trips Americans can reasonably be expected to make by bike, given
such factors as weather, land use, and traffic patterns, carrying
capacity of bicycles, and bicycle infrastructure; (2) what energy
savings would result, or how much energy could be conserved, if these
trips were converted from car to bike, (3) the cost-benefit analysis of
bicycle infrastructure investments; and (4) what factors could
encourage more car trips to be replaced with bike trips. The study also
will identify lessons we can learn from the documented results of the
pilot programs.
The Conserve by Bike Program is a small investment that has the
potential to produce significant returns: greater independence from
foreign oil and a healthier environment and population. The Conserve by
Bike Act authorizes a total of $6.2 million to carry out the pilot
programs and research. A total of $5,150,000 will be used to implement
the pilot projects; $300,000 will be used by the Department of
Transportation to coordinate, publicize, and disseminate the results of
the program; and $750,000 will be utilized for the research study.
The provisions in this bill enjoy strong, bipartisan support and have
passed by unanimous consent as an amendment to a previous Senate energy
package. The measure is endorsed by the League of American Bicyclists,
which has over 300,000 affiliates, as well as the Association of
Pedestrian and Bicycle Professionals, Rails to Trails Conservancy,
Thunderhead Alliance, Bikes Belong Coalition, Adventure Cycling,
International Mountain Bicycling Association, Chicagoland Bicycle
Federation, and the League of Illinois Bicyclists.
I ask that the text of the legislation be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 808
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CONSERVE BY BICYCLING PROGRAM.
(a) Definitions.--In this section:
(1) Program.--The term ``program'' means the Conserve by
Bicycling Program established by subsection (b).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Establishment.--There is established within the
Department of Transportation a program to be known as the
``Conserve by Bicycling Program''.
(c) Projects.--
(1) In general.--In carrying out the program, the Secretary
shall establish not more than 10 pilot projects that are--
(A) dispersed geographically throughout the United States;
and
(B) designed to conserve energy resources by encouraging
the use of bicycles in place of motor vehicles.
(2) Requirements.--A pilot project described in paragraph
(1) shall--
(A) use education and marketing to convert motor vehicle
trips to bicycle trips;
(B) document project results and energy savings (in
estimated units of energy conserved);
(C) facilitate partnerships among interested parties in at
least 2 of the fields of--
(i) transportation;
(ii) law enforcement;
(iii) education;
(iv) public health;
(v) environment; and
(vi) energy;
(D) maximize bicycle facility investments;
(E) demonstrate methods that may be used in other regions
of the United States; and
(F) facilitate the continuation of ongoing programs that
are sustained by local resources.
(3) Cost sharing.--At least 20 percent of the cost of each
pilot project described in paragraph (1) shall be provided
from State or local sources.
(d) Energy and Bicycling Research Study.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall enter into a
contract with the National Academy of Sciences for, and the
National Academy of Sciences shall conduct and submit to
Congress a report on, a study on the feasibility of
converting motor vehicle trips to bicycle trips.
(2) Components.--The study shall--
(A) document the results or progress of the pilot projects
under subsection (b);
(B) determine the type and duration of motor vehicle trips
that people in the United States may feasibly make by
bicycle, taking into consideration factors such as--
(i) weather;
(ii) land use and traffic patterns;
(iii) the carrying capacity of bicycles; and
(iv) bicycle infrastructure;
(C) determine any energy savings that would result from the
conversion of motor vehicle trips to bicycle trips;
(D) include a cost-benefit analysis of bicycle
infrastructure investments; and
(E) include a description of any factors that would
encourage more motor vehicle trips to be replaced with
bicycle trips.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $6,200,000, to
remain available until expended, of which--
(1) $5,150,000 shall be used to carry out pilot projects
described in subsection (c);
(2) $300,000 shall be used by the Secretary to coordinate,
publicize, and disseminate the results of the program; and
(3) $750,000 shall be used to carry out subsection (d).
Ms. COLLINS. Mr. President, I am pleased to join with my colleague
from Illinois in reintroducing the Conserve by Bike Act to recognize
and promote bicycling's important impact on energy savings and public
health.
With America's dependence on foreign oil, it is vital that we look to
the contribution that bike travel can make toward solving our Nation's
energy challenges. The legislation we are reintroducing today would
establish a Conserve by Bike pilot program that would oversee pilot
projects throughout the country designed to conserve energy resources
by providing education and marketing tools to convert car trips into
bike trips. Right now, fewer than 1 trip in 100 nationwide is by
bicycle. If we could increase this statistic to 1\1/2\ trips per 100,
we could save over 462 million gallons of gasoline per year, worth
nearly $1 billion.
While more bike trips would benefit our energy conservation efforts,
additional bicycling activity would also help improve the Nation's
public health. According to the U.S. Surgeon General, fewer than one-
third of Americans meet Federal recommendations to engage in at least
30 minutes of moderate physical activity 5 days a week. Even more
disturbing is the fact that approximately 300,000 American deaths a
year are associated with obesity. By promoting biking, we are working
to ensure that Americans, young and old, will increase their physical
activity.
In my home State of Maine, citizen activists have led the way in
encouraging their fellow Mainers to use bicycling as an alternative
mode of transportation. Founded in 1992, the Bicycle Coalition of
Maine, BCM, has grown substantially in its first decade plus of
operation. In 1996, when BCM hired its current executive director,
Jeffrey Miller, the organization had 200 individual and family
memberships. Today, it has over 1,700. For a State of less than 1.3
million residents--many of them elderly--BCM's broad membership is
especially impressive.
Over the years, this group has advocated increased bicycle access to
Maine's roads and bridges, organized the first ``Bike to Work Day'' in
our State, initiated bicycle safety education in our classrooms--
teaching more than 60,000 schoolchildren in over 500 Maine schools--and
produced ``Share the Road'' public service announcements for television
stations statewide, among numerous other accomplishments.
No matter how energetic, committed, and organized BCM and other
bicycle activists are, however, these groups cannot accomplish their
mission alone. There is an important role for Government to play in
encouraging more individuals to make bicycling their alternative mode
of transportation. In Maine, BCM has built strong, active partnerships
with local governments and the State's Department of Transportation.
These key relationships have benefitted bicyclists throughout Maine
and, in doing so, have encouraged more Mainers to ride their bikes on a
regular basis. Indeed, more than 4 percent of Maine's commuters
currently bike or walk, ranking the State 14th in that category
nationwide. I believe the Federal Government needs to become more
engaged in encouraging bicycling as a means of alternative
transportation, and the Conserve by Bike Act would contribute to the
worthy goal of convincing more Americans to travel by bicycle.
The Senate is already on record in support of this bill. In the
previous
[[Page S3685]]
Congress, during consideration of the Energy bill, identical
legislation was accepted by voice vote as an amendment. I urge my
colleagues to maintain their support for the Conserve by Bike Act.
______
By Mr. LAUTENBERG (for himself, Mr. Corzine, and Mrs. Boxer):
S. 809. A bill to establish certain duties for pharmacies when
pharmacists employed by the pharmacies refuse to fill valid
prescriptions for drugs or devices on the basis of personal beliefs,
and for other purposes; to the Committee on Health, Education, Labor,
and Pensions.
Mr. LAUTENBERG. Mr. President, today I am introducing the Access to
Legal Pharmaceuticals Act (ALPhA). I want to thank Senators Corzine and
Boxer for cosponsoring this important piece of legislation.
This bill is simple. It ensures timely access to contraception and is
crucial to protecting a woman's health and autonomy, and to keeping
pharmacists and politicians out of personal, private matters.
This bill would protect an individual's access to legal contraception
by requiring that if a pharmacist has a personal objection to filling a
legal prescription for a drug or device, the pharmacy would be required
to ensure that the prescription is filled by another pharmacist
employed by the pharmacy who does not have a personal objection.
I came to the Senate 22 years ago. We've made a lot of progress, in
women's health and women's rights since then. But today it seems like
we're fighting to keep from sliding backward in some areas.
An individual's fundamental right of access to birth control is being
attacked. Reports of some pharmacists refusing to fill prescriptions
have been documented in twelve states.
The women that were denied were young and old; married and single;
with children and without. Even women who were using birth control for
other medical reasons aside from preventing conception have been denied
access to the birth control pill.
If you told me 10 years ago that a woman's right to use contraception
would be in jeopardy, I probably wouldn't have believed it. Today I
have to believe it--because it's happening.
In Texas last year, a pharmacist refused to fill a legal prescription
for the ``morning after'' contraceptive for a woman who had been raped.
First she was assaulted and violated--then her rights were violated by
a self-righteous pharmacist who didn't want to do his job.
In Milwaukee, a married woman in her mid-40s with four children got a
prescription from her doctor for a morning-after pill. A pharmacist
refused to do his job. He wouldn't fill the prescription.
A handful of pharmacists are saying they have a ``right'' to ignore
prescriptions written by medical doctors.
Well, they do have a right. They have a right to get a new job if
they don't want to fill legal prescriptions.
But nobody has a right to come between any person and their doctor.
Not the government . . . not an insurance company . . . and not a
pharmacist.
The American Pharmaceutical Association has adopted an ``Oath of
Pharmacists.'' The last part of the oath states: I take these vows
voluntarily with the full realization of the responsibility with which
I am entrusted by the public.
People trust pharmacists to fill the prescriptions that are written
by their doctors. If pharmacists are allowed to pick and choose which
prescriptions get filled, everyone's health will be at risk. Today they
might not fill prescriptions for birth control pills. Tomorrow it could
be painkillers for a cancer patient. Next year it could be medicine
that prolongs the life of a person with AIDS or some other terminal
disease.
I'm going to fight to protect all Americans against this radical
assault on our rights.
I'm proud to introduce a bill that will require pharmacists to do one
simple thing: their job.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 809
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 ``Access to Legal
Pharmaceuticals Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) An individual's right to religious belief and worship
is a protected, fundamental right in the United States.
(2) An individual's right to access legal contraception is
a protected, fundamental right in the United States.
(3) An individual's right to religious belief and worship
cannot impede an individual's access to legal prescriptions,
including contraception.
SEC. 3. DUTIES OF PHARMACIES WITH RESPECT TO REFUSAL OF
PHARMACISTS TO FILL VALID PRESCRIPTIONS.
(a) In General.--Part B of title II of the Public Health
Service Act (42 U.S.C. 238 et seq.) is amended by adding at
the end the following section:
``SEC. 249. DUTIES OF PHARMACIES WITH RESPECT TO REFUSAL OF
PHARMACISTS TO FILL VALID PRESCRIPTIONS.
``(a) In General.--A pharmacy that receives prescription
drugs or prescription devices in interstate commerce shall
maintain compliance with the following conditions:
``(1) If a product is in stock and a pharmacist employed by
the pharmacy refuses on the basis of a personal belief to
fill a valid prescription for the product, the pharmacy
ensures, subject to the consent of the individual presenting
the prescription in any case in which the individual has
reason to know of the refusal, that the prescription is,
without delay, filled by another pharmacist employed by the
pharmacy.
``(2) Subject to subsection (b), if a product is not in
stock and a pharmacist employed by the pharmacy refuses on
the basis of a personal belief or on the basis of pharmacy
policy to order or to offer to order the product when
presented a valid prescription for the product--
``(A) the pharmacy ensures that the individual presenting
the prescription is immediately informed that the product is
not in stock but can be ordered by the pharmacy; and
``(B) the pharmacy ensures, subject to the consent of the
individual, that the product is, without delay, ordered by
another pharmacist employed by the pharmacy.
``(3) The pharmacy does not employ any pharmacist who
engages in any conduct with the intent to prevent or deter an
individual from filling a valid prescription for a product or
from ordering the product (other than the specific conduct
described in paragraph (1) or (2)), including--
``(A) the refusal to return a prescription form to the
individual after refusing to fill the prescription or order
the product, if the individual requests the return of such
form;
``(B) the refusal to transfer prescription information to
another pharmacy for refill dispensing when such a transfer
is lawful, if the individual requests such transfer;
``(C) subjecting the individual to humiliation or otherwise
harassing the individual; or
``(D) breaching medical confidentiality with respect to the
prescription or threatening to breach such confidentiality.
``(b) Products Not Ordinarily Stocked.--Subsection (a)(2)
applies only with respect to a pharmacy ordering a particular
product for an individual presenting a valid prescription for
the product, and does not require the pharmacy to keep such
product in stock, except that such subsection has no
applicability with respect to a product for a health
condition if the pharmacy does not keep in stock any product
for such condition.
``(c) Enforcement.--
``(1) Civil penalty.--A pharmacy that violates a
requirement of subsection (a) is liable to the United States
for a civil penalty in an amount not exceeding $5,000 per day
of violation, and not to exceed $500,000 for all violations
adjudicated in a single proceeding.
``(2) Private cause of action.--Any person aggrieved as a
result of a violation of a requirement of subsection (a) may,
in any court of competent jurisdiction, commence a civil
action against the pharmacy involved to obtain appropriate
relief, including actual and punitive damages, injunctive
relief, and a reasonable attorney's fee and cost.
``(3) Limitations.--A civil action under paragraph (1) or
(2) may not be commenced against a pharmacy after the
expiration of the five-year period beginning on the date on
which the pharmacy allegedly engaged in the violation
involved.
``(d) Definitions.--For purposes of this section:
``(1) The term `employ', with respect to the services of a
pharmacist, includes entering into a contract for the
provision of such services.
``(2) The term `pharmacist' means a person authorized by a
State to practice pharmacy, including the dispensing and
selling of prescription drugs.
``(3) The term `pharmacy' means a person who--
``(A) is authorized by a State to engage in the business of
selling prescription drugs at retail; and
``(B) employs one or more pharmacists.
``(4) The term `prescription device' means a device whose
sale at retail is restricted under section 520(e)(1) of the
Federal Food, Drug, and Cosmetic Act.
[[Page S3686]]
``(5) The term `prescription drug' means a drug that is
subject to section 503(b)(1) of the Federal Food, Drug, and
Cosmetic Act.
``(6) The term `product' means a prescription drug or a
prescription device.
``(7) The term `valid', with respect to a prescription,
means--
``(A) in the case of a drug, a prescription within the
meaning of section 503(b)(1) of the Federal Food, Drug, and
Cosmetic Act that is in compliance with applicable law,
including, in the case of a prescription for a drug that is a
controlled substance, compliance with part 1306 of title 21,
Code of Federal Regulations, or successor regulations; and
``(B) in the case of a device, an authorization of a
practitioner within the meaning of section 520(e)(1) of such
Act that is in compliance with applicable law.
``(8) The term `without delay', with respect to a pharmacy
filling a prescription for a product or ordering the product,
means within the usual and customary timeframe at the
pharmacy for filling prescriptions for products for the
health condition involved or for ordering such products,
respectively.''.
(b) Effective Date.--The amendment made by subsection (a)
takes effect upon the expiration of 30 days after the date of
the enactment of this Act, without regard to whether the
Secretary of Health and Human Services has issued any
guidance or final rule regarding such amendment.
______
By Mr. HATCH (for himself, Mrs. Feinstein, Mr. Thune, Mr. Talent,
Mr. Alexander, Mr. Allard, Mr. Allen, Mr. Baucus, Mr.
Brownback, Mr. Burns, Mr. Burr, Mr. Chambliss, Mr. Coburn, Mr.
Coleman, Ms. Collins, Mr. Cornyn, Mr. Craig, Mr. Crapo, Mr.
DeWine, Mr. Domenici, Mr. Ensign, Mr. Enzi, Mr. Frist, Mr.
Graham, Mr. Grassley, Mr. Inhofe, Mr. Kyl, Mrs. Lincoln, Mr.
Lott, Mr. Lugar, Mr. McCain, Mr. Roberts, Mr. Santorum, Mr.
Sessions, Mr. Shelby, Mr. Thomas, Mr. Vitter, Mr. Warner, Mr.
Bond, Mr. Bunning, Mr. DeMint, Mrs. Dole, Mr. Gregg, Mr. Hagel,
Mrs. Hutchison, Mr. Johnson, Mr. Martinez, Mr. Nelson of
Nebraska, Ms. Snowe, Mr. Specter, and Mr. Stevens):
S.J. Res. 12. A joint resolution proposing an amendment to the
Constitution of the United States authorizing Congress to prohibit the
physical desecration of the flag of the United States; to the Committee
on the Judiciary.
Mr. HATCH. Mr. President, it is with a sense of honor that my friend
and colleague, Senator Feinstein, and I rise to introduce a bipartisan
constitutional amendment that would allow Congress to prohibit the
physical desecration of the American flag.
I am proud and privileged to be working again with my California
colleague on this important proposal. Among our principal cosponsors
are our colleagues Senator Thune and Senator Talent. It is heartening
to us to see some of the Senate's newest Members come to this issue
with the same passion that its original supporters still feel.
This amendment is truly bipartisan. Today, we count 51 original
cosponsors of this resolution. And, nearly two-thirds of the Members of
this body have indicated their support. Those numbers seem to grow with
each passing year.
No doubt, some will still argue that this amendment is unnecessary.
Fortunately, that refrain is gradually losing its punch.
When this amendment eventually passes the Senate, as I believe that
it will, our victory will not be attributed to the passions of the
moment. Rather, it will be due to the tireless efforts of citizens
committed to convincing their elected representatives that this
amendment matters.
I have heard from some Utahans who love our country's flag but are
opposed to amending the Constitution. To them I would say, amending the
Constitution should never be taken lightly. Yet after serious study of
the issue, I have concluded there is no other way to guarantee that our
flag is protected, as I will discuss in a few minutes.
And, indeed, guaranteeing the physical integrity of the flag is a
cause worth fighting for. The American people seem to understand what
the opponents of this amendment fail to grasp. This amendment is a
necessary statement that citizens still have some control over the
destiny of this Nation and in maintaining the traditions and symbols
that have helped to bind us together in all our diversity for over 200
years.
Those who oppose protecting the flag through a constitutional
amendment are probably not aware of our constitutional history. Indeed,
for most of America's history, our Nation's laws guaranteed the
physical integrity of the American flag.
These were laws no one questioned. No one every questioned that the
simple act of providing legal protection for the flag, a unique symbol
of our ties as a Nation, could somehow violate the Constitution.
We should take a moment and recall what we were taught about the flag
as schoolchildren. Our flag's 13 stripes show our origins. We started
as 13 separate colonies that first became separate States and then one
Nation through the Declaration of Independence and the American
Revolution. The 50 stars on the field of blue represent what we have
become: a Nation unified. And over the past 230 years, we have become
ever more united in our commitment to the extension of liberty and
equality.
Among all of our differences, differences frequently reflected in
this body, we do remain one Nation undivided and indivisible, and our
flag is a simple but profound statement of that union. That is why we
open the Senate each day by pledging our allegiance to the flag. It is
a reminder of all that we have in common.
Supreme Court Justice John Paul Stevens understood the significance
of the flag's status when he wrote:
A country's flag is a symbol of more than nationhood and
national unity. It also signifies the ideas that characterize
the society that has chosen that emblem as well as the
special history that has animated the growth and power of
those ideas . . . So it is with the American flag. It is more
than a proud symbol of the courage, the determination, and
the gifts of a nation that transformed 13 fledgling colonies
into a world power. It is a symbol of freedom, of equal
opportunity, of religious tolerance, and of goodwill for
other peoples who share our aspirations.
There is a certain wisdom to Justice Stevens' statement that our
constituents immediately grasp. Some polls show that over 80 percent of
the American people support an amendment to protect the flag.
Its unique character is represented in the diversity of the groups
that have worked over the years to bring this amendment to fruition.
Veterans, police, African Americans, Polish Americans, farmers, and so
many more diverse groups see in the flag a symbol of our Nation; they
understand that it is perfectly consistent with our constitutional
traditions for us to protect it.
Unfortunately, in 1989 the Supreme Court intervened and ovrrode every
State law barring desecration of the American flag.
None of these States has restricted first amendment political speech
in any way.
Their laws did not lead us down some slippery slope that would result
in restraints on political opinions.
These States drew reasonable distinctions between political speech
and inflammatory and frequently violent acts.
Yet in Texas v. Johnson, the Supreme Court held that a Texas statute,
and others like it, that barred desecration of the American flag,
violated core first amendment principles. That certainly would have
been news to those who wrote the Constitution and our Bill of Rights.
It was news, bad news, to the American people as well.
So in response to this imprudent decision, the Senate acted quickly
and passed The Flag Protection Act. It became law on October 28, 1989.
Then, in 1990, the Court struck down even this legislation in United
States v. Eichman.
And that is why a constitutional amendment has become necessary.
With due respect to our courts, and to my colleagues who continue to
support these decisions, these legal arguments against flag protection
just do not hold water.
Detractors of our amendment contend that the first amendment
guarantees the right to burn the American flag. It does no such thing.
They contend it would carve out an exception to the first amendment
as some say. It would not. Rather, it would reaffirm what was
understood not only by those who ratified the Constitution but also by
citizens of today: that the first amendment never guaranteed such
expressive conduct. Whether one is an originalist or whether one
believes in a living Constitution, this argument falls short.
[[Page S3687]]
The American people have long distinguished between the first
amendment's guarantee of an individual's right to speak his or her mind
and the repulsive expression of desecrating the flag. For many years,
the people's elected representatives in Congress and 49 State
legislatures passed statutes prohibiting physical desecration of the
flag, and our political speech thrived. It was just as robust as it is
today.
Yet in 1989, the Supreme Court's novel interpretation of the first
amendment concluded that the people, their elected legislators, and the
courts are no longer capable of making these reasonable distinctions,
distinctions that we frequently make in this body such as when we
prohibit speeches or demonstrations of any kind, even in the silent
display of signs or banners, in the public galleries.
The American people created the Constitution, and they reserved to
themselves the right to amend the Constitution when they saw fit. Is it
wrong to give the American people the opportunity to review whether the
Supreme Court got it right in this case? I think not.
The fact is, a Senator does not take an oath to support and defend
the holdings of the Supreme Court. We take an oath to support the
Constitution. And, it is entirely appropriate that when we think the
Court gets it wrong, we correct it through proper constitutional
devices, devices set out in the Constitution itself . . . Though it has
been forgotten over the years, this is hardly a radical idea. It was
one supported by the founders of both the Republican and Democratic
parties, Thomas Jefferson and Abraham Lincoln.
As some in this body have noted, our courts are now frequently
attempting to identify a national consensus to justify contemporary
interpretations of our constitutional guarantees. The progress of this
amendment to protect the flag demonstrates to me at least just how such
a consensus is supposed to develop. Through argument, through give and
take, through debate--over time the American people, as reflected in
the actions of their representatives, have become more sure than ever
that they should have the opportunity to protect their flag through
moderate and reasonable legislation.
After September 11, citizens proudly flew the flag, defying the
terrorist challenge to our core values of liberty and equality, and
confirming its unique status as a symbol of our nation's strength and
purpose. In the struggle that has followed, our flag stands as a
reminder of the many personal sacrifices made to protect and strengthen
our nation.
And so, to protect this symbol, I am today introducing this
amendment.
I thank my colleagues, Senators Feinstein, Thune, and Talent for
their work on this. I urge those who are not cosponsors of this
amendment to keep an open mind as we debate this resolution.
It is my hope that the Judiciary committee will move the resolution
to the floor.
And, in turn, I ask that our leadership ensure this resolution gets a
vote on the floor.
Mr. THUNE. Mr. President, today, it is my distinct honor and
privilege to rise and speak on behalf of Senator Hatch, Senator
Feinstein, Senator Talent, myself, and 47 other senators, as we
introduce bipartisan legislation we believe to be long overdue. It is
not reform legislation. It does not authorize new government programs,
create new sources of tax revenue, or provide incentives to stimulate
our economy. It is none of those things, but it is a matter of great
importance. The events of 9/11 have reminded us all of that. It is,
instead, legislation that speaks to the core of our beliefs and hopes
as a Nation, and as a people. It is about a national treasure and a
symbol of our country that the vast majority of Americans--and the
majority of this great body, I might add--believe is worth special
status and worthy of protection. It is about the American flag.
Our American flag is more than mere cloth and ink. It is a symbol of
the liberty and freedom that we enjoy today thanks to the immeasurable
sacrifices of generations of Americans who came before us.
It represents the fiber and strength of our values and it has been
sanctified by the blood of those who died defending it.
I rise today to call upon all members of this body to support a
constitutional amendment that would give Congress the power to prohibit
the physical desecration of the American flag. It would simply
authorize, but not require, Congress to pass a law protecting the
American flag.
This amendment does not affect anyone's right to express their
political beliefs.
It would only allow Congress to prevent our flag from being used as a
prop, to be desecrated in some ways simply not appropriate to even
mention in these halls.
This resolution and similar legislation have been the subject of
debate before this body before. There is, in fact, a quite lengthy
legislative history regarding efforts to protect the American flag from
desecration. In 1989, the Supreme Court declared essentially that
burning the American flag is ``free speech.'' That is a decision the
American people should make, particularly when this country finds
itself fighting for democracy and expending American lives for that
cause, on battlefields overseas.
South Dakota veterans and members of the armed forces from my State
know exactly what I'm talking about, as I'm sure they do from every
state represented in the Senate. In recent months, units of the 147th
field artillery and 153rd engineer battalions of the South Dakota
National Guard returned home after spending a difficult year in Iraq.
Likewise, the 452nd ordinance company of the United States Army Reserve
is preparing to depart for Iraq in September.
My father, like many other veterans of World War II, understands the
importance of taking this step. Veterans from across South Dakota have
asked me to step up and defend the flag of this great Nation and today
I am answering that call.
Today, members of both political parties will introduce a proposed
constitutional amendment that would give back to the American people
the power to prevent the desecration of the American flag. We know the
gravity of this legislation. There is nothing complex about this
amendment, nor are there any hidden consequences. This amendment
provides Congress with the power to outlaw desecration of the American
flag, a right that is widely recognized by Madison, Jefferson, and
Supreme Court Justice Hugo Black, one of the foremost advocates of
first amendment freedoms.
Most states officially advocate Congress passing legislation to
protect the flag. Frankly, I do not see this as a first amendment
issue.
It is an attempt to restore the traditional protections to the symbol
cherished so dearly by our Government and the people of the United
States. Some acts are not accepted as ``free speech'' even in societies
like ours where we consider free speech a cherished right. For example,
an attempt to burn down this Capitol building as a political statement
would never be viewed as someone's right of free speech. Our laws would
not tolerate the causing of harm to other's property or life as an act
of ``free speech.'' This flag happens to be the property of the
American people, in my opinion, and this question should be put before
the States and their people to decide how and if to protect it. I think
the answer will come back as a resounding ``yes''.
There is little doubt that the debate over state ratification will
trigger a tremendous discussion over our values, beliefs and whether we
will ultimately bestow a lasting honor on our traditions. Importantly,
it will be an indication of how we recognize our servicemen and women
who are sacrificing--right now--in Iraq and Afghanistan, to protect
those traditions and values for us. Will we honor them, and all the
veterans who served and died in wars for this country and our flag over
the last 200 years? That's not a question which a court should hold the
final answer.
I believe the time has finally come. I believe our country wants this
debate. The majority of this Senate, I believe, wants this amendment.
We begin it here, and we begin it now. Let the debate begin.
Mr. BURNS. Mr. President, I come to the floor today to voice my
support for the flag amendment.
The flag of the United States of America is a symbol of freedom. The
flag of the United States of America
[[Page S3688]]
has been sanctified by the blood of thousands of U.S. soldiers who have
fought across the world, and it must be protected from desecration.
This proposed constitutional amendment would overturn the 1989 U.S.
Supreme Court's 5-4 ruling which held that laws banning desecration of
the U.S. flag were unconstitutional infringements on free speech and
therefore a violation of the first amendment.
I am proud of the first amendment right to free speech and will
always ensure all Americans maintain that right. I am also proud of the
American flag and the values behind it. The American flag flies over
this great country as a symbol of liberty and patriotism. Desecration
of the flag would be destruction of the core principles on which this
great Nation was founded. I will continue to be an advocate on behalf
of the American flag and the values the flag represents.
I encourage my colleagues to support this measure and join me in
ensuring the everlasting integrity of the American flag.
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