[Congressional Record Volume 151, Number 54 (Thursday, April 28, 2005)]
[Senate]
[Pages S4559-S4562]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WARNER:

[[Page S4559]]

  S. 942. A bill to designate additional National Forest System lands 
in the State of Virginia as wilderness, to establish the Seng Mountain 
and Bear Creek Scenic Areas, to provide for the development of trail 
plans for the wilderness areas and scenic areas, and for other 
purposes; to the Committee on Agriculture, Nutrition, and Forestry.
  Mr. WARNER. Mr. President, I rise today to introduce an important 
piece of legislation for my State, the Virginia Ridge and Valley Act of 
2005. This bill will add seven new wilderness areas, six additions to 
existing wilderness areas, and two National Scenic Areas to the 
Jefferson National Forest. Congressman Rick Boucher is introducing 
companion legislation in the United States House of Representatives.
  Throughout my career in the United States Senate, I have strived to 
preserve Virginia's natural resources and heritage through the 
designation of wilderness areas and, today, I am proud to say that 
Virginia boasts approximately 100,434 acres of designated wilderness 
lands. However, there is still much work to be done. Within the 
Jefferson National Forest, designated wilderness areas currently 
account for only 7 percent of the total forest acreage. If enacted, the 
Virginia Ridge and Valley Act of 2005 will substantially increase this 
figure by expanding our opportunities for uninterrupted enjoyment in 
the forest with the addition of nearly 43,000 acres of new wilderness 
areas and almost 12,000 acres of national scenic areas.
  Virginia is blessed with great beauty and natural diversity. From the 
complex ecosystem of the Chesapeake Bay, to the exquisite vistas, 
streams, vegetation, and wildlife of the Shenandoah Mountains, 
residents and visitors alike can enjoy a bountiful array of natural 
treasures. As demand for development in Virginia increases, it becomes 
incumbent upon Congress to act expeditiously to protect these wild 
lands. Through wilderness and national scenic area designations, we can 
ensure that these areas retain their primeval character and influences.
  Mr. President, I consider myself an avid outdoorsman, and I enjoy 
opportunities for recreation like most Americans. Therefore, I want to 
stress the many joyful outdoor activities that will be enhanced by the 
wilderness designation in these areas, including: hunting, fishing, 
hiking, camping, canoeing, and horseback riding, to name a few. In 
addition, the Act is flexible and provides for reasonable local forest 
management and emergency services in wilderness areas, such as the use 
of motorized equipment and aircraft for search and rescue operations; 
or to combat fire, insects and disease.
  I am particularly pleased to include in the legislation an 
authorization for the establishment of a non-motorized trail between 
County Route 650 and Forest Development Road 4018 outside of the new 
Raccoon Branch Wilderness area. This trail will follow the historic Rye 
Valley Railroad Grade and will be a popular route for mountain bikers, 
equestrians and hikers. In addition, this bill directs the Forest 
Service to develop trail plans for the wilderness and national scenic 
areas.
  As a father and a grandfather, I feel a weighty obligation to ensure 
that our children have lasting opportunities to enjoy Virginia's 
immense natural beauty and diversity. This legislation is a crucial 
step in our quest to preserve these lovely areas for the enjoyment and 
use of future generations.
                                 ______
                                 
      By Mr. FEINGOLD (for himself, Mr. Crapo, Mr. Martinez, Mr. 
        Sarbanes, and Mr. Kohl):
  S. 943. A bill to assist in the conservation of cranes by supporting 
and providing, through projects of persons and organizations with 
expertise in crane conservation, financial resources for the 
conservation programs of countries the activities of which directly or 
indirectly affect cranes and the ecosystems of cranes; to the Committee 
on Environment and Public Works.
  Mr. FEINGOLD. Mr. President, I am introducing the Crane Conservation 
Act of 2005. I am very pleased that the Senators from Idaho, Mr. Crapo, 
Florida, Mr. Martinez, Wisconsin, Mr. Kohl and Maryland, Mr. Sarbanes, 
have joined me as cosponsors of this bill. I propose this legislation 
in the hope that Congress will do its part to protect the existence of 
these birds, whose cultural significance and popular appeal can be seen 
worldwide. This legislation is particularly important to the people of 
Wisconsin, as our State provides habitat and refuge to several crane 
species. But this legislation, which authorizes the United States Fish 
and Wildlife Service to distribute funds and grants to crane 
conservation efforts both domestically and in developing countries, 
promises to have a larger environmental and cultural impact that will 
go far beyond the boundaries of my home state. This bill is similar to 
legislation that I introduced in the 107th and 108th Congresses.
  In October of 1994, Congress passed and the President signed the 
Rhinoceros and Tiger Conservation Act. The passage of this act provided 
support for multinational rhino and tiger conservation through the 
creation of the Rhinoceros and Tiger Conservation Fund, or RTCF. 
Administered by the United States Fish and Wildlife Service, the RTCF 
distributes up to $10 million in grants every year to conservation 
groups to support projects in developing countries. Since its 
establishment in 1994, the RTCF has been expanded by Congress to cover 
other species, such as elephants and great apes.
  Today, with the legislation I am introducing, I am asking Congress to 
add cranes to this list. Cranes are the most endangered family of birds 
in the world, with 11 of the world's fifteen species at risk of 
extinction. Specifically, this legislation would authorize up to $5 
million of funds per year to be distributed in the form of conservation 
project grants to protect cranes and their habitat. The financial 
resources authorized by this bill can be made available to qualifying 
conservation groups operating in Asia, Africa, and North America. The 
program is authorized from Fiscal Year 2006 through Fiscal Year 2010.
  In keeping with my belief that we should balance the budget, this 
bill proposes that the $25 million in authorized spending over five 
years for the Crane Conservation Act established in this legislation 
should be offset through the Secretary of Interior's administrative 
budget.
  I am offering this legislation due to the serious and significant 
decline that can be expected in crane populations worldwide without 
further conservation efforts. Those efforts have achieved some success 
in the case of the North American whooping crane, the rarest crane on 
earth. In 1941, only 21 whooping cranes existed in the entire world. 
This stands in contrast to the over 450 birds in existence today. The 
North American whooping crane's resurgence is attributed to the birds' 
tenacity for survival and to the efforts of conservationists in the 
United States and Canada. Today, the only wild flock of North American 
whooping cranes breeds in northwest Canada, and spends its winters in 
coastal Texas. Two new flocks of cranes are currently being 
reintroduced to the wild, one of which is a migratory flock on the 
Wisconsin to Florida flyway.
  The movement of this flock of birds shows how any effort by Congress 
to regulate crane conservation needs to cross both national and 
international lines. As this flock of birds makes its journey from 
Wisconsin to Florida, the birds rely on the ecosystems of a multitude 
of states in this country. In its journey from the Necedah National 
Wildlife Refuge in Wisconsin to the Chassahowitzka National Wildlife 
Refuge in Florida in the fall and eventual return to my home state in 
the spring, this flock also faces threats from pollution of traditional 
watering grounds, collision with utility lines, human disturbance, 
disease, predation, loss of genetic diversity within the population, 
and vulnerability to catastrophes, both natural and man-made.
  The birds also rely on private landowners, the vast majority of whom 
have enthusiastically welcomed the birds to their rest on their land. 
Through its extensive outreach and education program, the Whooping 
Crane Eastern Partnership has obtained the consistent support of 
farmers and other private landowners to make this important recovery 
program a success. On every front, this partnership is unique. One of 
the program's supporters has told me that this program is the 
conservation equivalent of putting a man on the moon. I think it is 
quite appropriate then that the Smithsonian announced that one of the

[[Page S4560]]

ultralight planes from Operation Migration, which leads the migration 
from Necedah to Chassahowitzka, will be inducted into the National Air 
and Space Museum. The plane will be on display in the Museum early next 
year. I cannot think of a better way to showcase this innovative 
conservation program.
  Despite the remarkable conservation efforts taken since 1941, 
however, this species is still very much in danger of extinction. While 
over the course of the last half-century, North American whooping 
cranes have begun to make a slow recovery, many species of crane in 
Africa and Asia have declined, including the sarus crane of Asia and 
the wattled crane of Africa.
  The sarus crane stands four feet tall and can be found in the 
wetlands of northern India and south Asia. These birds require large, 
open, well watered plains or marshes to breed and survive. Due to 
agricultural expansion, industrial development, river basin 
development, pollution, warfare, and heavy use of pesticides prevalent 
in India and southeast Asia, the sarus crane population has been in 
decline. Furthermore, in many areas, a high human population 
concentration compounds these factors. On the Mekong River, which runs 
through Cambodia, Vietnam, Laos, Thailand, and China, human population 
growth and planned development projects threaten the sarus crane. 
Reports from India, Cambodia, and Thailand have also cited incidences 
of the trading of adult birds and chicks, as well as hunting and egg 
stealing in the drop in population of the sarus crane.
  Only three subspecies of the sarus crane exist today. One resides in 
northern India and Nepal, one resides in southeast Asia, and one 
resides in northern Australia. Their population is about 8,000 in the 
main Indian population, with recent numbers showing a rapid decline. In 
Southeast Asia, only 1,000 birds remain.
  The situation of the sarus crane in Asia is mirrored by the situation 
of the wattled crane in Africa. In Africa, the wattled crane is found 
in the southern and eastern regions, with an isolated population in the 
mountains of Ethiopia. Current population estimates range between 6,000 
to 8,000 and are declining rapidly, due to loss and degradation of 
wetland habitats, as well as intensified agriculture, dam construction, 
and industrialization. In other parts of the range, the creation of 
dams has changed the dynamics of the flood plains, thus further 
endangering these cranes and their habitats. Human disturbance at or 
near breeding sites also continues to be a major threat. Lack of 
oversight and education over the actions of people, industry, and 
agriculture is leading to reduced preservation for the lands on which 
cranes live, thereby threatening the ability of cranes to survive in 
these regions.
  If we do not act now, not only will cranes face extinction, but the 
ecosystems that depend on their contributions will suffer. With the 
decline of the crane population, the wetlands and marshes they inhabit 
can potentially be thrown off balance. I urge my colleagues to join me 
in supporting legislation that can provide funding to the local 
farming, education and enforcement projects that can have the greatest 
positive effect on the preservation of both cranes and fragile 
habitats. This modest investment can secure the future of these 
exemplary birds and the beautiful areas in which they live. Therefore, 
I ask my colleagues to support the Crane Conservation Act of 2005.
  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. 943

       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 ``Crane Conservation Act of 
     2005''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) crane populations in many countries have experienced 
     serious decline in recent decades, a trend that, if continued 
     at the current rate, threatens the long-term survival of the 
     species in the wild in Africa, Asia, and Europe;
       (2) 5 species of Asian crane are listed as endangered 
     species under section 4 of the Endangered Species Act of 1973 
     (16 U.S.C. 1533) and appendix I of the Convention, which 
     species are--
       (A) the Siberian crane (Grus leucogeranus);
       (B) the red-crowned crane (Grus japonensis);
       (C) the white-naped crane (Grus vipio);
       (D) the black-necked crane (Grus nigricollis); and
       (E) the hooded crane (Grus monacha);
       (3) the Crane Action Plan of the International Union for 
     the Conservation of Nature considers 4 species of cranes from 
     Africa and 1 additional species of crane from Asia to be 
     seriously threatened, which species are--
       (A) the wattled crane (Bugeranus carunculatus);
       (B) the blue crane (Anthropoides paradisea);
       (C) the grey-crowned crane (Balearica regulorum);
       (D) the black-crowned crane (Balearica pavonina); and
       (E) the sarus crane (Grus antigone);
       (4)(A) the whooping crane (Grus americana) and the 
     Mississippi sandhill crane (Grus canadensis pulla) are listed 
     as endangered species under section 4 of the Endangered 
     Species Act of 1973 (16 U.S.C. 1533); and
       (B) with approximately 200 whooping cranes in the only 
     self-sustaining flock that migrates between Canada and the 
     United States, and approximately 100 Mississippi sandhill 
     cranes in the wild, both species remain vulnerable to 
     extinction;
       (5) conservation resources have not been sufficient to cope 
     with the continued diminution of crane populations from 
     causes that include hunting and the continued loss of 
     habitat;
       (6)(A) cranes are flagship species for the conservation of 
     wetland, grassland, and agricultural landscapes that border 
     wetland and grassland; and
       (B) the establishment of crane conservation programs would 
     result in the provision of conservation benefits to numerous 
     other species of plants and animals, including many 
     endangered species;
       (7) other threats to cranes include--
       (A) the collection of eggs and juveniles;
       (B) poisoning from pesticides applied to crops;
       (C) collisions with power lines;
       (D) disturbance from warfare and human settlement; and
       (E) the trapping of live birds for sale;
       (8) to reduce, remove, and otherwise effectively address 
     those threats to cranes in the wild, the joint commitment and 
     effort of countries in Africa, Asia, and North America, other 
     countries, and the private sector, are required;
       (9) cranes are excellent ambassadors to promote goodwill 
     among countries because they are well known and migrate 
     across continents;
       (10) because the threats facing cranes and the ecosystems 
     on which cranes depend are similar on all 5 continents on 
     which cranes occur, conservation successes and methods 
     developed in 1 region have wide applicability in other 
     regions; and
       (11) conservationists in the United States have much to 
     teach and much to learn from colleagues working in other 
     countries in which, as in the United States, government and 
     private agencies cooperate to conserve threatened cranes.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to perpetuate healthy populations of cranes;
       (2) to assist in the conservation and protection of cranes 
     by supporting--
       (A) conservation programs in countries in which endangered 
     and threatened cranes occur; and
       (B) the efforts of private organizations committed to 
     helping cranes; and
       (3) to provide financial resources for those programs and 
     efforts.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Conservation.--
       (A) In general.--The term ``conservation'' means the use of 
     any method or procedure to improve the viability of crane 
     populations and the quality of the ecosystems and habitats on 
     which the crane populations depend to help the species 
     achieve sufficient populations in the wild to ensure the 
     long-term viability of the species.
       (B) Inclusions.--The term ``conservation'' includes the 
     carrying out of any activity associated with scientific 
     resource management, such as--
       (i) protection, restoration, acquisition, and management of 
     habitat;
       (ii) research and monitoring of known populations;
       (iii) the provision of assistance in the development of 
     management plans for managed crane ranges;
       (iv) enforcement of the Convention;
       (v) law enforcement and habitat protection through 
     community participation;
       (vi) reintroduction of cranes to the wild;
       (vii) conflict resolution initiatives; and
       (viii) community outreach and education.
       (2) Convention.--The term ``Convention'' has the meaning 
     given the term in section 3 of the Endangered Species Act of 
     1973 (16 U.S.C. 1532).
       (3) Fund.--The term ``Fund'' means the Crane Conservation 
     Fund established by section 6(a).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 5. CRANE CONSERVATION ASSISTANCE.

       (a) In General.--Subject to the availability of 
     appropriations and in consultation

[[Page S4561]]

     with other appropriate Federal officials, the Secretary shall 
     use amounts in the Fund to provide financial assistance for 
     projects relating to the conservation of cranes for which 
     project proposals are approved by the Secretary in accordance 
     with this section.
       (b) Project Proposals.--
       (1) Applicants.--
       (A) In general.--An applicant described in subparagraph (B) 
     that seeks to receive assistance under this section to carry 
     out a project relating to the conservation of cranes shall 
     submit to the Secretary a project proposal that meets the 
     requirements of this section.
       (B) Eligible applicants.--An applicant described in this 
     subparagraph is--
       (i) any relevant wildlife management authority of a country 
     that--

       (I) is located within the African, Asian, European, or 
     North American range of a species of crane; and
       (II) carries out 1 or more activities that directly or 
     indirectly affect crane populations;

       (ii) the Secretariat of the Convention; and
       (iii) any person or organization with demonstrated 
     expertise in the conservation of cranes.
       (2) Required elements.--A project proposal submitted under 
     paragraph (1)(A) shall include--
       (A) a concise statement of the purpose of the project;
       (B)(i) the name of each individual responsible for 
     conducting the project; and
       (ii) a description of the qualifications of each of those 
     individuals;
       (C) a concise description of--
       (i) methods to be used to implement and assess the outcome 
     of the project;
       (ii) staff and community management for the project; and
       (iii) the logistics of the project;
       (D) an estimate of the funds and the period of time 
     required to complete the project;
       (E) evidence of support for the project by appropriate 
     government entities of countries in which the project will be 
     conducted, if the Secretary determines that such support is 
     required to ensure the success of the project;
       (F) information regarding the source and amount of matching 
     funding available for the project; and
       (G) any other information that the Secretary considers to 
     be necessary for evaluating the eligibility of the project to 
     receive assistance under this Act.
       (c) Project Review and Approval.--
       (1) In general.--The Secretary shall--
       (A) not later than 30 days after receiving a final project 
     proposal, provide a copy of the proposal to other appropriate 
     Federal officials; and
       (B) review each project proposal in a timely manner to 
     determine whether the proposal meets the criteria described 
     in subsection (d).
       (2) Consultation; approval or disapproval.--Not later than 
     180 days after receiving a project proposal, and subject to 
     the availability of appropriations, the Secretary, after 
     consulting with other appropriate Federal officials, shall--
       (A) consult on the proposal with the government of each 
     country in which the project is to be carried out;
       (B) after taking into consideration any comments resulting 
     from the consultation, approve or disapprove the proposal; 
     and
       (C) provide written notification of the approval or 
     disapproval to--
       (i) the applicant that submitted the proposal;
       (ii) other appropriate Federal officials; and
       (iii) each country described in subparagraph (A).
       (d) Criteria for Approval.--The Secretary may approve a 
     project proposal under this section if the Secretary 
     determines that the proposed project will enhance programs 
     for conservation of cranes by assisting efforts to--
       (1) implement conservation programs;
       (2) address the conflicts between humans and cranes that 
     arise from competition for the same habitat or resources;
       (3) enhance compliance with the Convention and other 
     applicable laws that--
       (A) prohibit or regulate the taking or trade of cranes; or
       (B) regulate the use and management of crane habitat;
       (4) develop sound scientific information on, or methods for 
     monitoring--
       (A) the condition of crane habitat;
       (B) crane population numbers and trends; or
       (C) the current and projected threats to crane habitat and 
     population numbers and trends;
       (5) promote cooperative projects on the issues described in 
     paragraph (4) among--
       (A) governmental entities;
       (B) affected local communities;
       (C) nongovernmental organizations; or
       (D) other persons in the private sector;
       (6) carry out necessary scientific research on cranes;
       (7) provide relevant training to, or support technical 
     exchanges involving, staff responsible for managing cranes or 
     habitats of cranes, to enhance capacity for effective 
     conservation; or
       (8) reintroduce cranes successfully back into the wild, 
     including propagation of a sufficient number of cranes 
     required for this purpose.
       (e) Project Sustainability; Matching Funds.--To the maximum 
     extent practicable, in determining whether to approve a 
     project proposal under this section, the Secretary shall give 
     preference to a proposed project--
       (1) that is designed to ensure effective, long-term 
     conservation of cranes and habitats of cranes; or
       (2) for which matching funds are available.
       (f) Project Reporting.--
       (1) In general.--Each person that receives assistance under 
     this section for a project shall submit to the Secretary, at 
     such periodic intervals as are determined by the Secretary, 
     reports that include all information that the Secretary, 
     after consulting with other appropriate government officials, 
     determines to be necessary to evaluate the progress and 
     success of the project for the purposes of--
       (A) ensuring positive results;
       (B) assessing problems; and
       (C) fostering improvements.
       (2) Availability to the public.--Each report submitted 
     under paragraph (1), and any other documents relating to a 
     project for which financial assistance is provided under this 
     Act, shall be made available to the public.

     SEC. 6. CRANE CONSERVATION FUND.

       (a) Establishment.--There is established in the 
     Multinational Species Conservation Fund established by the 
     matter under the heading ``MULTINATIONAL SPECIES CONSERVATION 
     FUND'' in title I of the Department of the Interior and 
     Related Agencies Appropriations Act, 1999 (112 Stat. 2681-
     237; 16 U.S.C. 4246) a separate account to be known as the 
     ``Crane Conservation Fund'', consisting of--
       (1) amounts transferred to the Secretary of the Treasury 
     for deposit into the Fund under subsection (e);
       (2) amounts appropriated to the Fund under section 8; and
       (3) any interest earned on investment of amounts in the 
     Fund under subsection (c).
       (b) Expenditures From Fund.--
       (1) In general.--Subject to paragraphs (2) and (3), upon 
     request by the Secretary, the Secretary of the Treasury shall 
     transfer from the Fund to the Secretary, without further 
     appropriation, such amounts as the Secretary determines are 
     necessary to provide assistance under section 5.
       (2) Administrative expenses.--Of the amounts in the Fund 
     available for each fiscal year, the Secretary may expend not 
     more than 3 percent, or $150,000, whichever is greater, to 
     pay the administrative expenses necessary to carry out this 
     Act.
       (3) Limitation.--Not more than 20 percent of the amounts 
     made available from the Fund for any fiscal year may be used 
     for projects relating to the conservation of North American 
     crane species.
       (c) Investments of Amounts.--
       (1) In general.--The Secretary of the Treasury shall invest 
     such portion of the Fund as is not, in the judgment of the 
     Secretary of the Treasury, required to meet current 
     withdrawals. Investments may be made only in interest-bearing 
     obligations of the United States.
       (2) Acquisition of obligations.--For the purpose of 
     investments under paragraph (1), obligations may be 
     acquired--
       (A) on original issue at the issue price; or
       (B) by purchase of outstanding obligations at the market 
     price.
       (3) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       (4) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to and form a part of the Fund.
       (d) Transfers of Amounts.--
       (1) In general.--The amounts required to be transferred to 
     the Fund under this section shall be transferred at least 
     monthly from the general fund of the Treasury to the Fund on 
     the basis of estimates made by the Secretary of the Treasury.
       (2) Adjustments.--Proper adjustment shall be made in 
     amounts subsequently transferred to the extent prior 
     estimates were in excess of or less than the amounts required 
     to be transferred.
       (e) Acceptance and Use of Donations.--
       (1) In general.--The Secretary may accept and use donations 
     to provide assistance under section 5.
       (2) Transfer of donations.--Amounts received by the 
     Secretary in the form of donations shall be transferred to 
     the Secretary of the Treasury for deposit in the Fund.

     SEC. 7. ADVISORY GROUP.

       (a) In General.--To assist in carrying out this Act, the 
     Secretary may convene an advisory group consisting of 
     individuals representing public and private organizations 
     actively involved in the conservation of cranes.
       (b) Public Participation.--
       (1) Meetings.--The advisory group shall--
       (A) ensure that each meeting of the advisory group is open 
     to the public; and
       (B) provide, at each meeting, an opportunity for interested 
     persons to present oral or written statements concerning 
     items on the agenda.
       (2) Notice.--The Secretary shall provide to the public 
     timely notice of each meeting of the advisory group.
       (3) Minutes.--Minutes of each meeting of the advisory group 
     shall be kept by the Secretary and shall be made available to 
     the public.

     SEC. 8. FUNDING.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Fund $5,000,000 for each of fiscal 
     years 2006

[[Page S4562]]

     through 2010, to remain available until expended.
       (b) Offset.--Of amounts appropriated to, and available at 
     the discretion of, the Secretary for programmatic and 
     administrative expenditures, a total of $25,000,000 shall be 
     used to establish the Fund.
  Mr. KENNEDY. Mr. President, today, on Workers' Memorial Day, we 
remember and honor the working men and women here at home who have died 
or been injured on the job in the past year. We also think of their 
families and the losses they have suffered. And we pledge to do more to 
end the unsafe and unhealthy conditions that still plague so many 
workplaces across America.
  Thirty-five years have now passed since the enactment of the 
Occupational Safety and Health Act in 1970, and that basic law has made 
an immense difference in the safety of our Nation's workers. The rate 
of fatalities, injuries, and illnesses dropped year after year--a 78 
percent reduction in the rate of workplace deaths and a 52 percent 
reduction in the rate of workplace-related injuries and illnesses since 
the law was passed, and the reductions have been even greater in 
industries that OSHA has targeted in its standards and enforcement 
activities.
  But we still have a long way to go. There are still too many workers 
being hurt on the job. An average of 15 workers are killed and 12,000 
more are injured every single day. That's over 5,500 worker deaths and 
4.4 million worker injuries a year. In Massachusetts, 72 workers died 
from traumatic injuries on the job in 2004 and over 600 died from 
occupational disease.
  These numbers represent real workers and their families. They 
represent fathers like Jeff Walters. His son Patrick was killed when a 
trench in Ohio caved in three years ago--at a company with a history of 
safety violations. They include people like Ron Hayes, who also lost 
his son in a workplace accident. Since then, he and his wife Dot have 
made safety their cause and done a great deal to help families whose 
lives have been hurt by these deaths--including deaths that in many 
cases could, and should have been prevented.
  Ron and Jeff asked us to prevent this from happening to other 
families. That's why I am introducing this bill--to fight for families 
like the Walters and the Hayes, and to do everything we can to see that 
other families don't have to suffer the same grief.
  Many companies are doing too little to deal with this challenge. They 
blatantly ignore the law, but they are rarely held accountable, even 
when their actions or neglect kill loyal employees who work for them. 
Offenders never go to jail. Criminal penalties are so low that 
prosecutors don't pursue these cases. Employers who violate safety laws 
again and again pay only minimal fines--they treat them as just another 
cost of doing business.
  We cannot allow these shameful practices to continue. These companies 
are putting millions of workers at risk in factories, construction 
sites, nursing homes, and many other workplaces every day.
  We also need to hold this Administration accountable for improving 
worker safety and enforcing the safety laws. We should require OSHA to 
do more to stop serious safety violations before they can hurt or kill 
workers, instead of sweeping them under the rug. We also need to 
protect workers with the courage to speak out against health and safety 
violations in the workplace.
  The most glaring flaw in current law is that too many workers are 
left uncovered. The Protecting America's Workers Act will extend the 
scope of the Occupational Safety and Health Act to cover 8 million 
public employees and millions of transportation and other workers.
  In addition, the bill imposes jail time--up to ten years, instead of 
only six months under current law--on those whose blatant violation of 
safety laws leads to a worker's death. Incredibly, under current law, 
it is only a misdemeanor--punishable by 6 months in jail--for an 
employer to cause a worker's death through willfully violating our 
safety and health laws. In fact, we impose sentences twice that long 
for acts like harassing a wild burro on federal lands. Our laws should 
reflect our serious commitment to protecting workers' safety, instead 
of letting violators off with a slap on the wrist. We also increase 
civil penalties, to provide additional deterrence against employers.
  We require the Occupational Safety and Health Administration to 
investigate more cases. We give workers and their families more rights 
in the investigation, and provide stronger protections for workers who 
report health or safety violations.
  I urge my colleagues to join me in fighting for safe workplaces for 
all of America's workers. The promise of OSHA is waiting to be 
fulfilled. The best way for Congress to honor the Nation's dedicated 
working men and women on this Worker's Memorial Day is to end our 
complacency and see that the full promise of OSHA becomes a genuine 
reality for every working family in every community in America.
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