[Congressional Record Volume 152, Number 96 (Thursday, July 20, 2006)]
[Senate]
[Pages S8050-S8070]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. INHOFE:
S. 3697. A bill to amend title XVIII of the Social Security Act to
establish Medicare Health Savings Accounts; to the Committee on
Finance.
Mr. INHOFE. Mr. President, I rise today to introduce a bill to
establish medicare health savings accounts, HSAs. This bill will make
HSAs available under Medicare in lieu of Medicare medical savings
accounts, MSAs. I have long been dedicated to quality health care and
believe that seniors should have the ability to make their own
decisions regarding their health care, so they can receive the health
care they need and deserve. As a senior myself, I appreciate how
imperative it is that we seniors be provided with a wide array of
choices.
My desire to see my fellow Oklahomans and all Americans receive the
best possible health care is evidenced by my involvement in various
health-related issues. I have always been a champion of rural health
care providers. In 1997, I was one of the few Republicans to vote
against the Balanced Budget Act because of its lack of support for
rural hospitals. At that time, I made a commitment to not allow our
rural hospitals to be closed and am pleased we finally addressed that
important issue in the Medicare Modernization Act of 2003 by providing
great benefits for rural health care providers as well as a voluntary
prescription drug benefit to seniors. In 2003, I also co-sponsored the
Health Care Access and Rural Equity Act, to protect and preserve access
of Medicare beneficiaries to health care in rural regions.
In order to assist my State and other States suffering from large
reduction in their Federal medical assistance percentage, FMAP, for
Medicaid, I introduced S.1754, a bill to apply a State's FMAP from
fiscal year 2005 to fiscal years 2006 through 2014 on September 22,
2005. The purpose of this legislation is to prevent drastic reductions
in FMAP while revision of the formula itself is considered.
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I am a strong advocate of medical liability reform and am an original
cosponsor of S. 22, the Medical Care Access Protection Act, and S. 23,
the Healthy Mothers and Healthy Babies Access to Care Act. These bills
protect patients' access to quality and affordable health care by
reducing the effects of excessive liability costs. I am committed to
this vital reform that would alleviate the burden placed on physicians
and patients by excessive medical malpractice lawsuits.
I have also worked with officials from the Centers for Medicare and
Medicaid Services, CMS, to expand access to life-saving implantable
cardiac defibrillators and many other numerous regulations that would
affect my rural State such as the 250-yard rule for critical access
hospitals.
As a supporter of safety and medical research, I have cosponsored
legislation to increase the supply of pancreatic islet cells for
research and a bill to take the abortion pill RU-486 off the market in
the United States.
I also introduced S. 96, the Flu Vaccine Incentive Act, to help
prevent any future shortages in flu vaccines in both the 108th and
109th Congresses. My bill removes suffocating price controls from
government purchasing of the flu vaccine while encouraging
more companies to enter the market. Also, my bill frees American
companies to enter the flu vaccine industry by giving them an
investment tax credit towards the construction of flu vaccine
production facilities.
As a result of my sister's death from cancer and treatment we learned
about not accessible in the United States that might have saved her
life, Senator Sam Brownback and I introduced S. 1956, the Access,
Compassion, Care and Ethics for Seriously-ill Patients Act--ACCESS--on
November 3, 2005. This bill would offer a three-tiered approval system
for treatments showing efficacy during clinical trials, for use by the
seriously ill patient population. Seriously ill patients, who have
exhausted all alternatives and are seeking new treatment options, would
be offered access to these treatments with the consent of their
physician.
On April 4, 2006, my resolution to designate April 8, 2006, as
``National Cushing's Syndrome Awareness Day'' passed by unanimous
consent. The intent of this resolution is to raise awareness of
Cushing's syndrome, a debilitating disorder that affects an estimated
10 to 15 million people per million. It is an endocrine or hormonal
disorder caused by prolonged exposure of the body's tissue to high
levels of the hormone cortisol.
Additionally, I have consistently cosponsored yearly resolutions
designating a day in October as ``National Mammography Day'' and a
week: in August as ``National Health Center Week'' to raise awareness
regarding both these issues and have supported passage and enactment of
numerous health-care-related bills, such as the Rural Health Care
Capital Access Act of 2006, which extends the exemption respecting
required patient days for critical access hospitals under the Federal
hospital mortgage insurance program.
As the Federal Government invests in improving hospitals and health
care initiatives I have fought hard to ensure that Oklahoma gets its
fair share. Specifically, over the past 3 years, I have helped to
secure $5.2 million in funding for the Oklahoma Medical Research
Foundation, the Oklahoma State Department of Health planning initiative
for a rural telemedicine system, the INTEGRIS Healthcare System, the
University of Oklahoma Health Sciences Center, the Oklahoma Center for
the Advancement of Science and Technology, St. Anthony's Heart
Hospital, the Hillcrest Healthcare System, and the Morton Health
Center.
As a long supporter of HSAs, I believe all people should have access
to them since they provide great flexibility in the health market and
allow individuals to have control over their own health care. Medicare
MSAs have existed since January 1, 1997, revised in December of 2003,
but they have not worked. No insurer whatsoever has yet offered any
Medicare MSA under the current law.
To fix this problem, my legislation creates a new HSA program under
Medicare that incorporates a high-deductible health plan and an HSA
account while dissolving the existing Medicare MSA.
In tandem with my efforts, the Centers for Medicare and Medicaid
Services, CMS, are launching an HSA demonstration project that would
test allowing health insurance companies to offer Medicare
beneficiaries products similar to HSA. This activity points to the
administration's support of HSAs and desire to see all seniors receive
the best possible coverage.
As the July 13, 2006 edition of The Hill, explains, ``no legislation
is pending that would integrate HSAs into the Medicare program . . .''
Thus, my legislation is necessary because real Medicare HSA reform is
needed in order for seniors to have true flexibility and freedom of
choice in their health care.
Under my bill, beneficiaries who choose the HSA option will receive
an annual amount that is equal to 95 percent of the annual Medicare
Advantage, MA, capitation rate with respect to the individual's MA
payment area. These funds provided through the Medicare HSA program can
only be used by the beneficiary for the following purposes: as a
contribution into an HSA or for payment of high deductible health plan
premiums. However, the individual also has the opportunity to deposit
personal funds in to the Medicare HSA.
My bill also guarantees that seniors be notified of the amount they
will receive 90 days before receipt to ensure they have time to
determine the best and most appropriate HSA to accommodate needs. The
bill also allows the Secretary of Health and Human Services to deal
with fraud appropriately and requires providers to accept payment by
individuals enrolled in a Medicare HSA just as they would with an
individual enrolled in traditional Medicare.
Please join me in supporting this important legislation to give our
seniors more choices regarding their health care.
______
By Mr. JEFFORDS (for himself, Mrs. Boxer, Mr. Lautenberg, Mr.
Kennedy, Mr. Leahy, Mr. Reed, Mr. Akaka, Mr. Dodd, Mr.
Sarbanes, and Mr. Menendez):
S. 3698. A bill to mend the Clean Air Act to reduce emissions of
carbon dioxide, and for other purposes; to the Committee on Environment
and Public Works.
Mr. JEFFORDS. Mr. President, I rise to introduce the Global Warming
Pollution Reduction Act of 2006.
One of the most important issues facing mankind is the problem of
global warming. Global warming is real and it is already happening. Its
effects are being felt across the globe and the longer we delay, the
more severe these effects will be. The broad consensus within the
scientific community is that global warming has begun, is largely the
result of human activity, and is accelerating. Atmospheric greenhouse
gas concentrations have risen to 378 parts per million, nearly one-
third above preindustrial levels and higher than at any time during the
past 400,000 years. Projections indicate that stabilizing
concentrations at 450 parts per million would still mean a temperature
increase of 2 to 4 degrees Fahrenheit. Such warming will result in more
extreme weather, increased flooding and drought, disruption of
agricultural and water systems, threats to human health and loss of
sensitive species and ecosystems.
In order to prevent and minimize these effects, we must take global
actions to address this issue as soon as possible. We owe that to
ourselves and to future generations.
The overwhelming majority of Americans support taking some form of
action on climate change. I am today introducing the Global Warming
Pollution Reduction Act, which I believe responds to that call. I
believe this is the most far-reaching and forward-thinking climate
change bill ever introduced. It sets a goal of an 80 percent reduction
in global warming pollutants by 2050. It provides a roadmap for actions
that we will need to take over the next few decades to combat global
warming. I believe that if this bill were passed, it would put us on
the path to potentially solving the global warming problem. If it were
passed, we would reshape our economy to become more energy independent,
cleaner, and more economically competitive. If it were passed, we would
have a chance of avoiding some of the worst and most
[[Page S8052]]
dangerous effects of global warming. If it were passed, we would be in
a position to negotiate with other countries as part of the global
solution.
Some will say that this bill imposes requirements that ask too much
of industry. Some will say that this bill contains requirements that we
cannot easily meet. I say first of all that the costs of inaction
vastly outweigh the costs of action and that we have a responsibility
to future generations not to leave the Earth far worse off than when we
found it--with a fundamentally altered climate system. Temperature
changes, sea level rise, hurricanes, floods, and droughts can affect
food production, national security, the spread of disease, and the
survival of endangered species. These are not things to trifle with on
the basis of industry cost estimates, which have frequently been
overstated.
But perhaps more importantly, we can act to reduce global warming. We
can reduce emissions to 1990 levels between now and 2020 through a
reduction of just 2 percent per year. Energy efficiency alone could
play a major part in reaching reductions, and new technologies can help
as well. Moreover, additional deployment of existing renewable energy
sources, including biofuels, can also help substantially. If we were to
take the actions suggested in this bill, we would find that we would
enhance our energy independence, and we would become a world leader in
clean energy technologies. American innovation can position us as the
world leader in clean technologies.
In my final year in the Senate, I have often asked myself, What
lasting actions can I take to make the world a better place? I hope
that by proposing real action on climate change, and passing the torch
to a new generation of those committed to protecting the environment,
that I can help make a difference for us all. Global warming is upon us
now. The question is, Can we take action now, before it is too late?
We know what we need to do, we know how much we must reduce, and we
have the technology to do so. The question for this body is, Do we have
the political will? Can we overcome our fears and insecurity and act
decisively to combat global warming? That is the opportunity and
challenge of the coming years, which my bill on global warming seeks to
address. I urge my colleagues to join me in the quest for a better,
safer world that is free of the enormous threat posed by dangerous
global warming. I urge my colleagues to support this important piece of
legislation.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3698
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 ``Global Warming Pollution
Reduction Act''.
SEC. 2. GLOBAL WARMING POLLUTION EMISSION REDUCTIONS.
The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by
adding at the end the following:
``TITLE VII--COMPREHENSIVE GLOBAL WARMING POLLUTION REDUCTIONS
``Sec. 701. Findings.
``Sec. 702. Purposes.
``Sec. 703. Definitions.
``Sec. 704. Global warming pollution emission reductions.
``Sec. 705. Conditions for accelerated global warming pollution
emission reduction.
``Sec. 706. Use of allowances for transition assistance and other
purposes.
``Sec. 707. Vehicle emission standards.
``Sec. 708. Emission standards for electric generation units.
``Sec. 709. Low-carbon generation requirement.
``Sec. 710. Geological disposal of global warming pollutants.
``Sec. 711. Research and development.
``Sec. 712. Energy efficiency performance standard.
``Sec. 713. Renewable portfolio standard.
``Sec. 714. Standards to account for biological sequestration of
carbon.
``Sec. 715. Global warming pollution reporting.
``Sec. 716. Clean energy technology deployment in developing countries.
``Sec. 717. Paramount interest waiver.
``Sec. 718. Effect on other law.
``SEC. 701. FINDINGS.
``Congress finds that--
``(1) global warming poses a significant threat to the
national security and economy of the United States, public
health and welfare, and the global environment;
``(2) due largely to an increased use of energy from fossil
fuels, human activities are primarily responsible for the
release of carbon dioxide and other heat-trapping global
warming pollutants that are accumulating in the atmosphere
and causing surface air and subsurface ocean temperatures to
rise;
``(3) as of the date of enactment of this title,
atmospheric concentrations of carbon dioxide are 35 percent
higher than those concentrations were 150 years ago, at 378
parts per million compared to 280 parts per million;
``(4) the United States emits more global warming
pollutants than any other country, and United States carbon
dioxide emissions have increased by an average of 1.3 percent
annually since 1990;
``(5)(A) during the past 100 years, global temperatures
have risen by 1.44 degrees Fahrenheit; and
``(B) from 1970 to the present, those temperatures have
risen by almost 1 degree Fahrenheit;
``(6) 8 of the past 10 years (1996 to 2005) are among the
10 warmest years on record;
``(7) average temperatures in the Arctic have increased by
4 to 7 degrees Fahrenheit during the past 50 years;
``(8) global warming has caused--
``(A) ocean temperatures to increase, resulting in rising
sea levels, extensive bleaching of coral reefs worldwide, and
an increase in the intensity of tropical storms;
``(B) the retreat of Arctic sea ice by an average of 9
percent per decade since 1978;
``(C) the widespread thawing of permafrost in polar,
subpolar, and mountainous regions;
``(D) the redistribution and loss of species; and
``(E) the rapid shrinking of glaciers;
``(9) the United States must adopt a comprehensive and
effective national program of mandatory limits and incentives
to reduce global warming pollution emissions into the
atmosphere;
``(10) at the current rate of emission, global warming
pollution concentrations in the atmosphere could reach more
than 600 parts per million in carbon dioxide equivalent, and
global average mean temperature could rise an additional 2.7
to 11 degrees Fahrenheit, by the end of the century;
``(11) although an understanding of all details of the
Earth system is not yet complete, present knowledge indicates
that potential future temperature increases could result in--
``(A) the further or complete melting of the Antarctic and
Greenland ice sheets;
``(B) the disruption of the North-Atlantic Thermohaline
Circulation (commonly known as the `Gulf Stream');
``(C) the extinction of species; and
``(D) large-scale disruptions of the natural systems that
support life;
``(12) there exists an array of technological options for
use in reducing global warming pollution emissions, and
significant reductions can be attained using a portfolio of
options that will not adversely impact the economy;
``(13) the ingenuity of the people of the United States
will allow the Nation to become a leader in solving global
warming; and
``(14) it should be a goal of the United States to achieve
a reduction in global warming pollution emissions in the
United States--
``(A) to ensure that the average global temperature does
not increase by more than 3.6 degrees Fahrenheit (2 degrees
Celsius); and
``(B) to facilitate the achievement of an average global
atmospheric concentration of global warming pollutants that
does not exceed 450 parts per million in carbon dioxide
equivalent.
``SEC. 702. PURPOSES.
``The purposes of this title are--
``(1) to achieve a reduction in global warming pollution
emissions compatible with ensuring that--
``(A) the average global temperature does not increase by
more than 3.6 degrees Fahrenheit (2 degrees Celsius) above
the preindustrial average; and
``(B) total average global atmospheric concentrations of
global warming pollutants do not exceed 450 parts per million
in carbon dioxide equivalent;
``(2) to reduce by calendar year 2050 the aggregate net
level of global warming pollution emissions of the United
States to a level that is 80 percent below the aggregate net
level of global warming pollution emissions for calendar year
1990;
``(3) to allow for an acceleration of reductions in global
warming pollution emissions to prevent--
``(A) average global temperature from increasing by more
than 3.6 degrees Fahrenheit (2 degrees Celsius) above the
preindustrial average; or
``(B) global atmospheric concentrations of global warming
pollutants from exceeding 450 parts per million;
``(4) to establish a motor vehicle global warming pollution
emission requirement;
``(5) to require electric generation units to meet a global
warming pollution emission standard;
``(6) to establish rules for the safe geological
sequestration of carbon dioxide;
``(7) to encourage energy efficiency and the use of
renewable energy by establishing a renewable portfolio
standard and an energy efficiency portfolio standard;
``(8) to provide for research relating to, and development
of, the technologies to control global warming pollution
emissions;
``(9) to position the United States as the world leader in
reducing the risk of the potentially devastating, wide-
ranging impacts associated with global warming; and
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``(10) to promote, through leadership by the United States,
accelerated reductions in global warming pollution from other
countries with significant global warming pollution
emissions.
``SEC. 703. DEFINITIONS.
``In this title:
``(1) Academy.--The term `Academy' means the National
Academy of Sciences.
``(2) Carbon dioxide equivalent.--The term `carbon dioxide
equivalent' means, for each global warming pollutant, the
quantity of the global warming pollutant that makes the same
contribution to global warming as 1 metric ton of carbon
dioxide, as determined by the Administrator, taking into
account the study and report described in section 705(a).
``(3) Facility.--The term `facility' means all buildings,
structures, or installations that are--
``(A) located on 1 or more contiguous or adjacent
properties under common control of the same persons; and
``(B) located in the United States.
``(4) Global warming pollutant.--The term `global warming
pollutant' means--
``(A) carbon dioxide;
``(B) methane;
``(C) nitrous oxide;
``(D) hydrofluorocarbons;
``(E) perfluorocarbons;
``(F) sulfur hexafluoride; and
``(G) any other anthropogenically-emitted gas that the
Administrator, after notice and comment, determines to
contribute to global warming.
``(5) Global warming pollution.--The term `global warming
pollution' means any combination of 1 or more global warming
pollutants emitted into the ambient air or atmosphere.
``(6) Market-based program.--The term `market-based
program' means a program that places an absolute limit on the
aggregate net global warming pollution emissions of 1 or more
sectors of the economy of the United States, while allowing
the transfer or sale of global warming pollution emission
allowances.
``(7) NAS report.--The term `NAS report' means a report
completed by the Academy under subsection (a) or (b) of
section 705.
``SEC. 704. GLOBAL WARMING POLLUTION EMISSION REDUCTIONS.
``(a) Emission Reduction Goal.--Congress declares that--
``(1) it shall be the goal of the United States, acting in
concert with other countries that emit global warming
pollutants, to achieve a reduction in global warming
pollution emissions--
``(A) to ensure that the average global temperature does
not increase by more than 3.6 degrees Fahrenheit (2 degrees
Celsius); and
``(B) to facilitate the achievement of an average global
atmospheric concentration of global warming pollutants that
does not exceed 450 parts per million in carbon dioxide
equivalent; and
``(2) in order to achieve the goal described in paragraph
(1), the United States shall reduce the global warming
pollution emissions of the United States by a quantity that
is proportional to the share of the United States of the
reductions that are necessary--
``(A) to ensure that the average global temperature does
not increase more than 3.6 degrees Fahrenheit (2 degrees
Celsius); and
``(B) to stabilize average global warming pollution
concentrations globally at or below 450 parts per million in
carbon dioxide equivalent.
``(b) Emission Reduction Milestones for 2020.--
``(1) In general.--To achieve the goal described in
subsection (a)(1), not later than 2 years after the date of
enactment of this title, after an opportunity for public
notice and comment, the Administrator shall promulgate any
rules that are necessary to reduce, by not later than January
1, 2020, the aggregate net levels of global warming pollution
emissions of the United States to the aggregate net level of
those global warming pollution emissions during calendar year
1990.
``(2) Achievement of milestones.--To the maximum extent
practicable, the reductions described in paragraph (1) shall
be achieved through an annual reduction in the aggregate net
level of global warming pollution emissions of the United
States of approximately 2 percent for each of calendar years
2010 through 2020.
``(c) Emission Reduction Milestones for 2030, 2040, and
2050.--Except as described in subsection (d), not later than
January 1, 2018, after an opportunity for public notice and
comment, the Administrator shall promulgate any rules that
are necessary to reduce the aggregate net levels of global
warming pollution emissions of the United States--
``(1) by calendar year 2030, by \1/3\ of 80 percent of the
aggregate net level of global warming pollution emissions of
the United States during calendar year 1990;
``(2) by calendar year 2040, by \2/3\ of 80 percent of the
aggregate net level of the global warming pollution emissions
of the United States during calendar year 1990; and
``(3) by calendar year 2050, by 80 percent of the aggregate
net level of global warming pollution emissions of the United
States during calendar year 1990.
``(d) Accelerated Emission Reduction Milestones.--If an NAS
report determines that any of the events described in section
705(a)(2) have occurred, or are more likely than not to occur
in the foreseeable future, not later than 2 years after the
date of completion of the NAS report, the Administrator,
after an opportunity for public notice and comment and taking
into account the new information reported in the NAS report,
may adjust the milestones under this section and promulgate
any rules that are necessary--
``(1) to reduce the aggregate net levels of global warming
pollution emissions from the United States on an accelerated
schedule; and
``(2) to minimize the effects of rapid climate change and
achieve the goals of this title.
``(e) Report on Achievement of Milestones.--If an NAS
report determines that a milestone under paragraph (1) or (2)
of subsection (c) cannot be achieved because of technological
infeasibility, the Administrator shall submit to Congress a
notification of that determination.
``(f) Emission Reduction Policies.--
``(1) In general.--In implementing subsections (a) through
(e), the Administrator may establish 1 or more market-based
programs.
``(2) Market-based program policies.--
``(A) In general.--In implementing any market-based
program, the Administrator shall allocate to households,
communities, and other entities described in section 706(a)
any global warming pollution emission allowances that are not
allocated to entities covered under the emission limitation.
``(B) Recognition of emission reductions made in compliance
with state and local laws.--A market-based program may
recognize reductions of global warming pollution emissions
made before the effective date of the market-based program if
the Administrator determines that--
``(i)(I) the reductions were made in accordance with a
State or local law;
``(II) the State or local law is at least as stringent as
the rules established for the market-based program under
paragraph (1); and
``(III) the reductions are at least as verifiable as
reductions made in accordance with those rules; or
``(ii) for any given entity subject to the market-based
program, the entity demonstrates that the entity has made
entity-wide reductions of global warming pollution emissions
before the effective date of the market-based program, but
not earlier than calendar year 1992, that are at least as
verifiable as reductions made in accordance with the rules
established for the market-based program under paragraph (1).
``(C) Publication.--If the Administrator determines that it
is necessary to establish a market-based program, the
Administrator shall publish notice of the determination in
the Federal Register.
``(D) Limitations on market-based programs.--
``(i) Definitions.--In this subparagraph:
``(I) Annual allowance price.--The term `annual allowance
price' means the average market price of global warming
pollution emission allowances for a calendar year.
``(II) Declining emissions cap with a technology-indexed
stop price.--The term `declining emissions cap with a
technology-indexed stop price' means a feature of a market-
based program for an industrial sector, or on an economy-wide
basis, under which the emissions cap declines by a fixed
percentage each calendar year or, during any year in which
the annual allowance price exceeds the technology-indexed
stop price, the emissions cap remains the same until the
occurrence of the earlier of--
``(aa) the date on which the annual allowance price no
longer exceeds the technology-indexed stop price; or
``(bb) the date on which a period of 3 years has elapsed
during which the emissions cap has remained unchanged.
``(III) Emissions cap.--The term `emissions cap' means the
total number of global warming pollution emission allowances
issued for a calendar year.
``(IV) Technology-indexed stop price.--The term
`technology-indexed stop price' means a price per ton of
global warming pollution emissions determined annually by the
Administrator that is not less than the technology-specific
average cost of preventing the emission of 1 ton of global
warming pollutants through commercial deployment of any
available zero-carbon or low-carbon technologies. With
respect to the electricity sector, those technologies shall
consist of--
``(aa) wind-generated electricity;
``(bb) photovoltaic-generated electricity;
``(cc) geothermal energy;
``(dd) solar thermally-generated energy;
``(ee) wave-based forms of energy;
``(ff) any fossil fuel-based electric generating technology
emitting less than 250 pounds per megawatt hour; and
``(gg) any zero-carbon-emitting electric generating
technology that does not generate radioactive waste.
``(ii) Implementation.--In implementing any market-based
program under this Act, for the period prior to January 1,
2020, the Administrator shall consider the impact on the
economy of the United States of implementing the program with
a declining emissions cap through the use of a technology-
indexed stop price.
``(iii) Other emitting sectors.--The Administrator may
consider the use of a declining emissions cap with a
technology-indexed stop price, or similar approaches, for
other emitting sectors based on low-carbon or zero-carbon
technologies, including--
``(I) biofuels;
``(II) hydrogen power; and
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``(III) other sources of energy and transportation fuel.
``(g) Cost-Effectiveness.--In promulgating regulations
under this section, the Administrator shall select the most
cost-effective options for global warming pollution control
and emission reduction strategies.
``SEC. 705. CONDITIONS FOR ACCELERATED GLOBAL WARMING
POLLUTION EMISSION REDUCTION.
``(a) Report on Global Change Events by the Academy.--
``(1) In general.--The Administrator shall offer to enter
into a contract with the Academy under which the Academy, not
later than 2 years after the date of enactment of this title,
and every 3 years thereafter, shall submit to Congress and
the Administrator a report that describes whether any of the
events described in paragraph (2)--
``(A) have occurred or are more likely than not to occur in
the foreseeable future; and
``(B) in the judgment of the Academy, are the result of
anthropogenic climate change.
``(2) Events.--The events referred to in paragraph (1)
are--
``(A) the exceedance of an atmospheric concentration of
global warming pollutants of 450 parts per million in carbon
dioxide equivalent; and
``(B) an increase of global average temperatures in excess
of 3.6 degrees Fahrenheit (2 degrees Celsius) above the
preindustrial average.
``(b) Technology Reports.--
``(1) Definition of technologically infeasible.--In this
subsection, the term `technologically infeasible', with
respect to a technology, means that the technology--
``(A) will not be demonstrated beyond laboratory-scale
conditions;
``(B) would be unsafe;
``(C) would not reliably reduce global warming pollution
emissions; or
``(D) would prevent the activity to which the technology
applies from meeting or performing its primary purpose (such
as generating electricity or transporting goods or
individuals).
``(2) Reports.--The Administrator shall offer to enter into
a contract with the Academy under which the Academy, not
later than 2 years after the date of enactment of this title
and every 3 years thereafter, shall submit to Congress and
the Administrator a report that describes or analyzes--
``(A) the status of current global warming pollution
emission reduction technologies, including--
``(i) technologies for capture and disposal of global
warming pollutants;
``(ii) efficiency improvement technologies;
``(iii) zero-global-warming-pollution-emitting energy
technologies; and
``(iv) above- and below-ground biological sequestration
technologies;
``(B) whether any of the requirements under this title
(including regulations promulgated under this title) mandate
a level of emission control or reduction that, based on
available or expected technology, will be technologically
infeasible at the time at which the requirements become
effective;
``(C) the projected date on which any technology determined
to be technologically infeasible will become technologically
feasible;
``(D) whether any technology determined to be
technologically infeasible cannot reasonably be expected to
become technologically feasible prior to calendar year 2050;
and
``(E) the costs of available alternative global warming
pollution emission reduction strategies that could be used or
pursued in lieu of any technologies that are determined to be
technologically infeasible.
``(3) Report evaluating 2050 milestone.--Not later than
December 31, 2037, the Administrator shall offer to enter
into a contract with the Academy under which, not later than
December 31, 2039, the Academy shall prepare and submit to
Congress and the Administrator a report on the
appropriateness of the milestone described in section
704(c)(3), taking into consideration--
``(A) information that was not available as of the date of
enactment of this title; and
``(B) events that have occurred since that date relating
to--
``(i) climate change;
``(ii) climate change technologies; and
``(iii) national and international climate change
commitments.
``(c) Additional Items in NAS Report.--In addition to the
information described in subsection (a)(1) that is required
to be included in the NAS report, the Academy shall include
in the NAS report--
``(1) an analysis of the trends in annual global warming
pollution emissions by the United States and the other
countries that collectively account for more than 90 percent
of global warming pollution emissions (including country-
specific inventories of global warming pollution emissions
and facility-specific inventories of global warming pollution
emissions in the United States);
``(2) an analysis of the trends in global warming pollution
concentrations (including observed atmospheric concentrations
of global warming pollutants);
``(3) a description of actual and projected global change
impacts that may be caused by anthropogenic global warming
pollution emissions, in addition to the events described in
subsection (a)(2); and
``(4) such other information as the Academy determines to
be appropriate.
``SEC. 706. USE OF ALLOWANCES FOR TRANSITION ASSISTANCE AND
OTHER PURPOSES.
``(a) Regulations Governing Allocation of Allowances for
Transition Assistance to Individuals and Entities.--
``(1) In general.--In implementing any market-based
program, the Administrator may promulgate regulations
providing for the allocation of global warming pollution
emission allowances to the individuals and entities, or for
the purposes, specified in subsection (b).
``(2) Requirements.--Regulations promulgated under
paragraph (1) may, as the Administrator determines to be
necessary, provide for the appointment of 1 or more
trustees--
``(A) to receive emission allowances for the benefit of
households, communities, and other entities described in
paragraph (1);
``(B) to sell the emission allowances at fair market value;
and
``(C) to distribute the proceeds of any sale of emission
allowances to the appropriate beneficiaries.
``(b) Allocation for Transition Assistance.--The
Administrator may allocate emission allowances, in accordance
with regulations promulgated under subsection (a), to--
``(1) communities, individuals, and companies that have
experienced disproportionate adverse impacts as a result of--
``(A) the transition to a lower carbon-emitting economy; or
``(B) global warming;
``(2) owners and operators of highly energy-efficient
buildings, including--
``(A) residential users;
``(B) producers of highly energy-efficient products; and
``(C) entities that carry out energy-efficiency improvement
projects pursuant to section 712 that result in consumer-side
reductions in electricity use;
``(3) entities that will use the allowances for the purpose
of carrying out geological sequestration of carbon dioxide
produced by an anthropogenic global warming pollution
emission source in accordance with requirements established
by the Administrator;
``(4) such individuals and entities as the Administrator
determines to be appropriate, for use in carrying out
projects to reduce net carbon dioxide emissions through
above-ground and below-ground biological carbon dioxide
sequestration (including sequestration in forests, forest
soils, agricultural soils, rangeland, or grassland in the
United States);
``(5) such individuals and entities (including fish and
wildlife agencies) as the Administrator determines to be
appropriate, for use in carrying out projects to protect and
restore ecosystems (including fish and wildlife) affected by
climate change; and
``(6) manufacturers producing consumer products that result
in substantially reduced global warming pollution emissions,
for use in funding rebates for purchasers of those products.
``SEC. 707. VEHICLE EMISSION STANDARDS.
``(a) Vehicles Under 10,000 Pounds.--
``(1) In general.--Not later than January 1, 2010, the
Administrator shall promulgate regulations requiring each
fleet of automobiles sold by a manufacturer in the United
States beginning in model year 2016 to meet the standards for
global warming pollution emissions described in paragraph
(2).
``(2) Emission standards.--The average global warming
pollution emissions of a vehicle fleet described in paragraph
(1) shall not exceed--
``(A) 205 carbon dioxide equivalent grams per mile for
automobiles with--
``(i) a gross vehicle weight of not more than 8,500 pounds;
and
``(ii) a loaded vehicle weight of not more than 3,750
pounds;
``(B) 332 carbon dioxide equivalent grams per mile for--
``(i) automobiles with--
``(I) a gross vehicle weight of not more than 8,500 pounds;
and
``(II) a loaded vehicle weight of more than 3,750 pounds;
and
``(ii) medium-duty passenger vehicles; and
``(C) 405 carbon dioxide equivalent grams per mile for
vehicles--
``(i) with a gross vehicle weight of between 8,501 pounds
and 10,000 pounds; and
``(ii) that are not medium-duty passenger vehicles.
``(3) Heightened standards.--After model year 2016, the
Administrator may promulgate regulations that increase the
stringency of emission standards described in paragraph (2)
as necessary to meet the emission reduction goal described in
section 704(e)(3).
``(b) Highway Vehicles Over 10,000 Pounds.--
``(1) In general.--Not later than January 1, 2010, the
Administrator shall promulgate regulations requiring each
fleet of highway vehicles over 10,000 pounds sold by a
manufacturer in the United States beginning in model year
2020 to meet the standards for global warming pollution
emissions described in paragraph (2).
``(2) Emission standards.--The average global warming
pollution emissions of a vehicle fleet described in paragraph
(1) shall not exceed--
``(A) 850 carbon dioxide equivalent grams per mile for
highway vehicles with a gross vehicle weight rating between
10,001 pounds and 26,000 pounds; and
``(B) 1,050 carbon dioxide equivalent grams per mile for
highway vehicles with a gross vehicle weight rating of more
than 26,000 pounds.
[[Page S8055]]
``(3) Heightened standards.--After model year 2020, the
Administrator may promulgate regulations that increase the
stringency of emission standards described in paragraph (2)
as necessary to meet the emission reduction goal described in
section 704(a)(1).
``(c) Adjustment of Requirements.--Taking into account
appropriate lead times for vehicle manufacturers, if the
Academy determines, pursuant to an NAS report, that a vehicle
emission standard under this section is or will be
technologically infeasible as of the effective date of the
standard, the Administrator may, by regulation, modify the
requirement to take into account the determination of the
Academy.
``(d) Study.--
``(1) In general.--Not later than January 1, 2008, the
Administrator shall enter into a contract with the Academy
under which the Academy shall conduct a study of, and submit
to the Administrator a report on, the potential contribution
of the non-highway portion of the transportation sector
toward meeting the emission reduction goal described in
section 704(a)(1).
``(2) Requirements.--The study shall analyze--
``(A) the technological feasibility and cost-effectiveness
of global warming pollution reductions from the non-highway
sector; and
``(B) the overall potential contribution of that sector in
terms of emissions, in meeting the emission reduction goal
described in section 704(a)(1).
``SEC. 708. EMISSION STANDARDS FOR ELECTRIC GENERATION UNITS.
``(a) Initial Standard.--
``(1) In general.--Not later than 2 years after the date of
enactment of this title, the Administrator shall, by
regulation, require each unit that is designed and intended
to provide electricity at a unit capacity factor of at least
60 percent and that begins operation after December 31, 2011,
to meet the standard described in paragraph (2).
``(2) Standard.--Beginning on December 31, 2015, a unit
described in paragraph (1) shall meet a global warming
pollution emission standard that is not higher than the
emission rate of a new combined cycle natural gas generating
unit.
``(3) More stringent requirements.--For the period
beginning on January 1 of the calendar year following the
effective date of the regulation described in paragraph (1)
and ending on December 31, 2029, the Administrator may
increase the stringency of the global warming pollution
emission standard described in paragraph (1) with respect to
electric generation units described in that paragraph.
``(b) Final Standard.--Not later than December 31, 2030,
the Administrator shall require each electric generation
unit, regardless of when the unit began to operate, to meet
the applicable emission standard under subsection (a).
``(c) Adjustment of Requirements.--If the Academy
determines, pursuant to section 705, that a requirement of
this section is or will be technologically infeasible at the
time at which the requirement becomes effective, the
Administrator, may, by regulation, adjust or delay the
effective date of the requirement as is necessary to take
into consideration the determination of the Academy.
``SEC. 709. LOW-CARBON GENERATION REQUIREMENT.
``(a) Definitions.--In this section:
``(1) Base quantity of electricity.--The term `base
quantity of electricity' means the total quantity of
electricity produced for sale by a covered generator during
the calendar year immediately preceding a compliance year
from coal, petroleum coke, lignite, or any combination of
those fuels.
``(2) Covered generator.--The term `covered generator'
means an electric generating unit that--
``(A) has a rated capacity of 25 megawatts or more; and
``(B) has an annual fuel input at least 50 percent of which
is provided by coal, petroleum coke, lignite, or any
combination of those fuels.
``(3) Low-carbon generation.--The term `low-carbon
generation' means electric energy generated from an electric
generating unit at least 50 percent of the annual fuel input
of which, in any year--
``(A) is provided by coal, petroleum coke, lignite,
biomass, or any combination of those fuels; and
``(B) results in an emission rate into the atmosphere of
not more than 250 pounds of carbon dioxide per megawatt-hour
(after adjustment for carbon dioxide from the electric
generating unit that is geologically sequestered in a
geological repository approved by the Administrator pursuant
to subsection (e)).
``(4) Program.--The term `program' means the low-carbon
generation credit trading program established under
subsection (d)(1).
``(b) Requirement.--
``(1) Calendar years 2015 through 2020.--Of the base
quantity of electricity produced for sale by a covered
generator for a calendar year, the covered generator shall
provide a minimum percentage of that base quantity of
electricity for the calendar year from low-carbon generation,
as specified in the following table:
Minimum annual
``Calendar year: percentage:
2015......................................... 0.5
2016......................................... 1.0
2017......................................... 2.0
2018......................................... 3.0
2019......................................... 4.0
2020......................................... 5.0
``(2) Calendar years 2021 through 2025.--For each of
calendar years 2021 through 2025, the Administrator may
increase the minimum percentage of the base quantity of
electricity from low-carbon generation described in paragraph
(1) by up to 2 percentage points from the previous year, as
the Administrator determines to be necessary to achieve the
emission reduction goal described in section 704(a)(1).
``(3) Calendar years 2026 through 2030.--For each of
calendar years 2026 through 2030, the Administrator may
increase the minimum percentage of the base quantity of
electricity from low-carbon generation described in paragraph
(1) by up to 3 percentage points from the previous year, as
the Administrator determines to be necessary to achieve the
emission reduction goal described in section 704(a)(1).
``(c) Means of Compliance.--An owner or operator of a
covered generator shall comply with subsection (b) by--
``(1) generating electric energy using low-carbon
generation;
``(2) purchasing electric energy generated by low-carbon
generation;
``(3) purchasing low-carbon generation credits issued under
the program; or
``(4) undertaking a combination of the actions described in
paragraphs (1) through (3).
``(d) Low-Carbon Generation Credit Trading Program.--
``(1) In general.--Not later than January 1, 2008, the
Administrator shall establish, by regulation after notice and
opportunity for comment, a low-carbon generation trading
program to permit an owner or operator of a covered generator
that does not generate or purchase enough electric energy
from low-carbon generation to comply with subsection (b) to
achieve that compliance by purchasing sufficient low-carbon
generation credits.
``(2) Requirements.--As part of the program, the
Administrator shall--
``(A) issue to producers of low-carbon generation, on a
quarterly basis, a single low-carbon generation credit for
each kilowatt hour of low-carbon generation sold during the
preceding quarter; and
``(B) ensure that a kilowatt hour, including the associated
low-carbon generation credit, shall be used only once for
purposes of compliance with subsection (b).
``(e) Enforcement.--An owner or operator of a covered
generator that fails to comply with subsection (b) shall be
subject to a civil penalty in an amount equal to the product
obtained by multiplying--
``(1) the number of kilowatt-hours of electric energy sold
to electric consumers in violation of subsection (b); and
``(2) the greater of--
``(A) 2.5 cents (as adjusted under subsection (g)); or
``(B) 200 percent of the average market value of those low-
carbon generation credits during the year in which the
violation occurred.
``(f) Exemption.--This section shall not apply for any
calendar year to an owner or operator of a covered generator
that sold less than 40,000 megawatt-hours of electric energy
produced from covered generators during the preceding
calendar year.
``(g) Inflation Adjustment.--Not later than December 31,
2008, and annually thereafter, the Administrator shall adjust
the amount of the civil penalty for each kilowatt-hour
calculated under subsection (e)(2) to reflect changes for the
12-month period ending on the preceding November 30 in the
Consumer Price Index for All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor.
``(h) Technological Infeasibility.--If the Academy
determines, pursuant to section 705, that the schedule for
compliance described in subsection (b) is or will be
technologically infeasible for covered generators to meet,
the Administrator may, by regulation, adjust the schedule as
the Administrator determines to be necessary to take into
account the consideration of the determination of the
Academy.
``(i) Termination of Authority.--This section and the
authority provided by this section terminate on December 31,
2030.
``SEC. 710. GEOLOGICAL DISPOSAL OF GLOBAL WARMING POLLUTANTS.
``(a) Geological Carbon Dioxide Disposal Deployment
Projects.--
``(1) In general.--The Administrator shall establish a
competitive grant program to provide grants to 5 entities for
the deployment of projects to geologically dispose of carbon
dioxide (referred to in this subsection as `geological
disposal deployment projects').
``(2) Location.--Each geological disposal deployment
project shall be conducted in a geologically distinct
location in order to demonstrate the suitability of a variety
of geological structures for carbon dioxide disposal.
``(3) Components.--Each geological disposal deployment
project shall include an analysis of--
``(A) mechanisms for trapping the carbon dioxide to be
geologically disposed;
``(B) techniques for monitoring the geologically disposed
carbon dioxide;
``(C) public response to the geological disposal deployment
project; and
``(D) the permanency of carbon dioxide storage in
geological reservoirs.
``(4) Requirements.--
``(A) In general.--The Administrator shall establish--
[[Page S8056]]
``(i) appropriate conditions for environmental protection
with respect to geological disposal deployment projects to
protect public health and the environment; and
``(ii) requirements relating to applications for grants
under this subsection.
``(B) Rulemaking.--The establishment of requirements under
subparagraph (A) shall not require a rulemaking.
``(C) Minimum requirements.--At a minimum, each application
for a grant under this subsection shall include--
``(i) a description of the geological disposal deployment
project proposed in the application;
``(ii) an estimate of the quantity of carbon dioxide to be
geologically disposed over the life of the geological
disposal deployment project; and
``(iii) a plan to collect and disseminate data relating to
each geological disposal deployment project to be funded by
the grant.
``(5) Partners.--An applicant for a grant under this
subsection may carry out a geological disposal deployment
project under a pilot program in partnership with 1 or more
public or private entities.
``(6) Selection criteria.--In evaluating applications under
this subsection, the Administrator shall--
``(A) consider the previous experience of each applicant
with similar projects; and
``(B) give priority consideration to applications for
geological disposal deployment projects that--
``(i) offer the greatest geological diversity from other
projects that have previously been approved;
``(ii) are located in closest proximity to a source of
carbon dioxide;
``(iii) make use of the most affordable source of carbon
dioxide;
``(iv) are expected to geologically dispose of the largest
quantity of carbon dioxide;
``(v) are combined with demonstrations of advanced coal
electricity generation technologies;
``(vi) demonstrate the greatest commitment on the part of
the applicant to ensure funding for the proposed
demonstration project and the greatest likelihood that the
demonstration project will be maintained or expanded after
Federal assistance under this subsection is completed; and
``(vii) minimize any adverse environmental effects from the
project.
``(7) Period of grants.--
``(A) In general.--A geological disposal deployment project
funded by a grant under this subsection shall begin
construction not later than 3 years after the date on which
the grant is provided.
``(B) Term.--The Administrator shall not provide grant
funds to any applicant under this subsection for a period of
more than 5 years.
``(8) Transfer of information and knowledge.--The
Administrator shall establish mechanisms to ensure that the
information and knowledge gained by participants in the
program under this subsection are published and disseminated,
including to other applicants that submitted applications for
a grant under this subsection.
``(9) Schedule.--
``(A) Publication.--Not later than 180 days after the date
of enactment of this title, the Administrator shall publish
in the Federal Register, and elsewhere as appropriate, a
request for applications to carry out geological disposal
deployment projects.
``(B) Date for applications.--An application for a grant
under this subsection shall be submitted not later than 180
days after the date of publication of the request under
subparagraph (A).
``(C) Selection.--After the date by which applications for
grants are required to be submitted under subparagraph (B),
the Administrator, in a timely manner, shall select, after
peer review and based on the criteria under paragraph (6),
those geological disposal deployment projects to be provided
a grant under this subsection.
``(b) Interim Standards.--Not later than 3 years after the
date of enactment of this title, the Administrator, in
consultation with the Secretary of Energy, shall, by
regulation, establish interim geological carbon dioxide
disposal standards that address--
``(1) site selection;
``(2) permitting processes;
``(3) monitoring requirements;
``(4) public participation; and
``(5) such other issues as the Administrator and the
Secretary of Energy determine to be appropriate.
``(c) Final Standards.--Not later than 6 years after the
date of enactment of this title, taking into account the
results of geological disposal deployment projects carried
out under subsection (a), the Administrator shall, by
regulation, establish final geological carbon dioxide
disposal standards.
``(d) Considerations.--In developing standards under
subsections (b) and (c), the Administrator shall consider the
experience in the United States in regulating--
``(1) underground injection of waste;
``(2) enhanced oil recovery;
``(3) short-term storage of natural gas; and
``(4) long-term waste storage.
``(e) Termination of Authority.--This section and the
authority provided by this section terminate on December 31,
2030.
``SEC. 711. RESEARCH AND DEVELOPMENT.
``(a) In General.--The Administrator shall carry out a
program to perform and support research on global climate
change standards and processes, with the goals of--
``(1) providing scientific and technical knowledge
applicable to the reduction of global warming pollutants; and
``(2) facilitating implementation of section 704.
``(b) Research Program.--
``(1) In general.--The Administrator shall carry out,
directly or through the use of contracts or grants, a global
climate change standards and processes research program.
``(2) Research.--
``(A) Contents and priorities.--The specific contents and
priorities of the research program shall be determined in
consultation with appropriate Federal agencies, including--
``(i) the National Oceanic and Atmospheric Administration;
``(ii) the National Aeronautics and Space Administration;
and
``(iii) the Department of Energy.
``(B) Types of research.--The research program shall
include the conduct of basic and applied research--
``(i) to develop and provide the enhanced measurements,
calibrations, data, models, and reference material standards
necessary to enable the monitoring of global warming
pollution;
``(ii) to assist in establishing a baseline reference point
for future trading in global warming pollutants (including
the measurement of progress in emission reductions);
``(iii) for international exchange as scientific or
technical information for the stated purpose of developing
mutually-recognized measurements, standards, and procedures
for reducing global warming pollution; and
``(iv) to assist in developing improved industrial
processes designed to reduce or eliminate global warming
pollution.
``(3) Abrupt climate change research.--
``(A) Definition of abrupt climate change.--In this
paragraph, the term `abrupt climate change' means a change in
climate that occurs so rapidly or unexpectedly that humans or
natural systems may have difficulty adapting to the change.
``(B) Research.--The Administrator shall carry out a
program of scientific research on potential abrupt climate
change that is designed--
``(i) to develop a global array of terrestrial and
oceanographic indicators of paleoclimate in order to identify
and describe past instances of abrupt climate change;
``(ii) to improve understanding of thresholds and
nonlinearities in geophysical systems relating to the
mechanisms of abrupt climate change;
``(iii) to incorporate those mechanisms into advanced
geophysical models of climate change; and
``(iv) to test the output of those models against an
improved global array of records of past abrupt climate
changes.
``(c) Sense of the Senate.--It is the sense of the Senate
that Federal funds for clean, low-carbon energy research,
development, and deployment should be increased by at least
100 percent for each year during the 10-year period beginning
on the date of enactment of this title.
``SEC. 712. ENERGY EFFICIENCY PERFORMANCE STANDARD.
``(a) Definitions.--In this section:
``(1) Electricity savings.--
``(A) In general.--The term `electricity savings' means
reductions in end-use electricity consumption relative to
consumption by the same customer or at the same new or
existing facility in a given year, as defined in regulations
promulgated by the Administrator under subsection (e).
``(B) Inclusions.--The term `savings' includes savings
achieved as a result of--
``(i) installation of energy-saving technologies and
devices; and
``(ii) the use of combined heat and power systems, fuel
cells, or any other technology identified by the
Administrator that recaptures or generates energy solely for
onsite customer use.
``(C) Exclusion.--The term `savings' does not include
savings from measures that would likely be adopted in the
absence of energy-efficiency programs, as determined by the
Administrator.
``(2) Retail electricity sales.--The term `retail
electricity sales' means the total quantity of electric
energy sold by a retail electricity supplier to retail
customers during the most recent calendar year for which that
information is available.
``(3) Retail electricity supplier.--The term `retail
electricity supplier' means a distribution or integrated
utility, or an independent company or entity, that sells
electric energy to consumers.
``(b) Energy Efficiency Performance Standard.--Each retail
electricity supplier shall implement programs and measures to
achieve improvements in energy efficiency and peak load
reduction, as verified by the Administrator.
``(c) Targets.--For calendar year 2008 and each calendar
year thereafter, the Administrator shall ensure that retail
electric suppliers annually achieve electricity savings and
reduce peak power demand and electricity use by retail
customers by a percentage that is not less than the
applicable target percentage specified in the following
table:
[[Page S8057]]
------------------------------------------------------------------------
Reduction in peak Reduction in
``Calendar Year demand electricity use
------------------------------------------------------------------------
2008........................ .25 percent......... .25 percent
2009........................ .75 percent......... .75 percent
2010........................ 1.75 percent........ 1.5 percent
2011........................ 2.75 percent........ 2.25 percent
2012........................ 3.75 percent........ 3.0 percent
2013........................ 4.75 percent........ 3.75 percent
2014........................ 5.75 percent........ 4.5 percent
2015........................ 6.75 percent........ 5.25 percent
2016........................ 7.75 percent........ 6.0 percent
2017........................ 8.75 percent........ 6.75 percent
2018........................ 9.75 percent........ 7.5 percent
2019........................ 10.75 percent....... 8.25 percent
2020 and each calendar year 11.75 percent....... 9.0 percent
thereafter.
------------------------------------------------------------------------
``(d) Beginning Date.--For the purpose of meeting the
targets established under subsection (c), electricity savings
shall be calculated based on the sum of--
``(1) savings realized as a result of actions taken by the
retail electric supplier during the specified calendar year;
and
``(2) cumulative savings realized as a result of
electricity savings achieved in all previous calendar years
(beginning with calendar year 2006).
``(e) Implementing Regulations.--
``(1) In general.--Not later than 1 year after the date of
enactment of this title, the Administrator shall promulgate
regulations to implement the targets established under
subsection (c).
``(2) Requirements.--The regulations shall establish--
``(A) a national credit system permitting credits to be
awarded, bought, sold, or traded by and among retail
electricity suppliers;
``(B) a fee equivalent to not less than 4 cents per
kilowatt hour for retail energy suppliers that do not meet
the targets established under subsection (c); and
``(C) standards for monitoring and verification of
electricity use and demand savings reported by the retail
electricity suppliers.
``(3) Consideration of transmission and distribution
efficiency.--In developing regulations under this subsection,
the Administrator shall consider whether savings, in whole or
part, achieved by retail electricity suppliers by improving
the efficiency of electric distribution and use should be
eligible for credits established under this section.
``(f) Compliance With State Law.--Nothing in this section
shall supersede or otherwise affect any State or local law
requiring or otherwise relating to reductions in total annual
electricity consumption, or peak power consumption, by
electric consumers to the extent that the State or local law
requires more stringent reductions than those required under
this section.
``(g) Voluntary Participation.--The Administrator may--
``(1) pursuant to the regulations promulgated under
subsection (e)(1), issue a credit to any entity that is not a
retail electric supplier if the entity implements electricity
savings; and
``(2) in a case in which an entity described in paragraph
(1) is a nonprofit or educational organization, provide to
the entity 1 or more grants in lieu of a credit.
``SEC. 713. RENEWABLE PORTFOLIO STANDARD.
``(a) Renewable Energy.--
``(1) In general.--The Administrator, in consultation with
the Secretary of Energy, shall promulgate regulations
defining the types and sources of renewable energy generation
that may be carried out in accordance with this section.
``(2) Inclusions.--In promulgating regulations under
paragraph (1), the Administrator shall include of all types
of renewable energy (as defined in section 203(b) of the
Energy Policy Act of 2005 (42 U.S.C. 15852(b))) other than
energy generated from--
``(A) municipal solid waste;
``(B) wood contaminated with plastics or metals; or
``(C) tires.
``(b) Renewable Energy Requirement.--Of the base quantity
of electricity sold by each retail electric supplier to
electric consumers during a calendar year, the quantity
generated by renewable energy sources shall be not less than
the following percentages:
Minimum annual
``Calendar year: percentage:
2008 through 2009............................ 5
2010 through 2014............................ 10
2015 through 2019............................ 15
2020 and subsequent years.................... 20
``(c) Renewable Energy Credit Program.--Not later than 1
year after the date of enactment of this title, the
Administrator shall establish--
``(1) a program to issue, establish the value of, monitor
the sale or exchange of, and track renewable energy credits;
and
``(2) penalties for any retail electric supplier that does
not comply with this section.
``(d) Prohibition on Double Counting.--A renewable energy
credit issued under subsection (c)--
``(1) may be counted toward meeting the requirements of
subsection (b) only once; and
``(2) shall vest with the owner of the system or facility
that generates the renewable energy that is covered by the
renewable energy credit, unless the owner explicitly
transfers the renewable energy credit.
``(e) Sale Under Purpa Contract.--If the Administrator,
after consultation with the Secretary of Energy, determines
that a renewable energy generator is selling electricity to
comply with this section to a retail electric supplier under
a contract subject to section 210 of the Public Utilities
Regulatory Policies Act of 1978 (16 U.S.C. 824a-3), the
retail electric supplier shall be treated as the generator of
the electric energy for the purposes of this title for the
duration of the contract.
``(f) State Programs.--Nothing in this section precludes
any State from requiring additional renewable energy
generation under any State renewable energy program.
``(g) Voluntary Participation.--The Administrator may issue
a renewable energy credit pursuant to subsection (c) to any
entity that is not subject to this section only if the entity
applying for the renewable energy credit meets the terms and
conditions of this section to the same extent as retail
electric suppliers subject to this section.
``SEC. 714. STANDARDS TO ACCOUNT FOR BIOLOGICAL SEQUESTRATION
OF CARBON.
``(a) In General.--Not later than 2 years after the date of
enactment of title, the Secretary of Agriculture, with the
concurrence of the Administrator, shall establish standards
for accrediting certified reductions in the emission of
carbon dioxide through above-ground and below-ground
biological sequestration activities.
``(b) Requirements.--The standards shall include--
``(1) a national biological carbon storage baseline or
inventory; and
``(2) measurement, monitoring, and verification guidelines
based on--
``(A) measurement of increases in carbon storage in excess
of the carbon storage that would have occurred in the absence
of a new management practice designed to achieve biological
sequestration of carbon;
``(B) comprehensive carbon accounting that--
``(i) reflects sustained net increases in carbon
reservoirs; and
``(ii) takes into account any carbon emissions resulting
from disturbance of carbon reservoirs in existence as of the
date of commencement of any new management practice designed
to achieve biological sequestration of carbon;
``(C) adjustments to account for--
``(i) emissions of carbon that may result at other
locations as a result of the impact of the new biological
sequestration management practice on timber supplies; or
``(ii) potential displacement of carbon emissions to other
land owned by the entity that carries out the new biological
sequestration management practice; and
``(D) adjustments to reflect the expected carbon storage
over various time periods, taking into account the likely
duration of the storage of carbon in a biological reservoir.
``(c) Updating of Standards.--Not later than 3 years after
the date of establishment of the standards under subsection
(a), and every 3 years thereafter, the Secretary of
Agriculture shall update the standards to take into account
the most recent scientific information.
``SEC. 715. GLOBAL WARMING POLLUTION REPORTING.
``(a) In General.--Not later than 2 years after the date of
enactment of this title, and annually thereafter, any entity
considered to be a major stationary source (as defined in
section 169A(g)) shall submit to the Administrator a report
describing the emissions of global warming pollutants from
the entity for the preceding calendar year.
``(b) Voluntary Reporting.--An entity that is not described
in subsection (a) may voluntarily report the emissions of
global warming pollutants from the entity to the
Administrator.
``(c) Requirements for Reports.--
``(1) Expression of measurements.--Each global warming
pollution report submitted under this section shall express
global warming pollution emissions in--
``(A) metric tons of each global warming pollutant; and
[[Page S8058]]
``(B) metric tons of the carbon dioxide equivalent of each
global warming pollutant.
``(2) Electronic format.--The information contained in a
report submitted under this section shall be reported
electronically to the Administrator in such form and to such
extent as may be required by the Administrator.
``(3) De minimis exemption.--The Administrator may specify
the level of global warming pollution emissions from a source
within a facility that shall be considered to be a de minimis
exemption from the requirement to comply with this section.
``(d) Public Availability of Information.--Not later than
March 1 of the year after which the Administrator receives a
report under this subsection from an entity, and annually
thereafter, the Administrator shall make the information
reported under this section available to the public through
the Internet.
``(e) Protocols and Methods.--The Administrator shall, by
regulation, establish protocols and methods to ensure
completeness, consistency, transparency, and accuracy of data
on global warming pollution emissions submitted under this
section.
``(f) Enforcement.--Regulations promulgated under this
section may be enforced pursuant to section 113 with respect
to any person that--
``(1) fails to submit a report under this section; or
``(2) otherwise fails to comply with those regulations.
``SEC. 716. CLEAN ENERGY TECHNOLOGY DEPLOYMENT IN DEVELOPING
COUNTRIES.
``(a) Definitions.--In this section:
``(1) Clean energy technology.--The term `clean energy
technology' means an energy supply or end-use technology
that, over the lifecycle of the technology and compared to a
similar technology already in commercial use in any
developing country--
``(A) is reliable; and
``(B) results in reduced emissions of global warming
pollutants.
``(2) Developing country.--
``(A) In general.--The term `developing country' means any
country not listed in Annex I of the United Nations Framework
Convention on Climate Change, done at New York on May 9,
1992.
``(B) Inclusion.--The term `developing country' may include
a country with an economy in transition, as determined by the
Secretary.
``(3) Task force.--The term `Task Force' means the Task
Force on International Clean, Low-Carbon Energy Cooperation
established under subsection (b)(1).
``(b) Task Force.--
``(1) Establishment.--Not later than 90 days after the date
of enactment of this title, the President shall establish a
task force to be known as the `Task Force on International
Clean, Low Carbon Energy Cooperation'.
``(2) Composition.--The Task Force shall be composed of--
``(A) the Administrator and the Secretary of State, who
shall serve jointly as Co-Chairpersons; and
``(B) representatives, appointed by the head of the
respective Federal agency, of--
``(i) the Department of Commerce;
``(ii) the Department of the Treasury;
``(iii) the United States Agency for International
Development;
``(iv) the Export-Import Bank;
``(v) the Overseas Private Investment Corporation;
``(vi) the Office of United States Trade Representative;
and
``(vii) such other Federal agencies as are determined to be
appropriate by the President.
``(c) Duties.--
``(1) Initial strategy.--
``(A) In general.--Not later than 1 year after the date of
enactment of this title, the Task Force shall develop and
submit to the President an initial strategy--
``(i) to support the development and implementation of
programs and policies in developing countries to promote the
adoption of clean, low-carbon energy technologies and energy-
efficiency technologies and strategies, with an emphasis on
those developing countries that are expected to experience
the most significant growth in global warming pollution
emissions over the 20-year period beginning on the date of
enactment of this title; and
``(ii)(I) open and expand clean, low-carbon energy
technology markets; and
``(II) facilitate the export of that technology to
developing countries.
``(B) Submission to congress.--On receipt of the initial
strategy from the Task Force under subparagraph (A), the
President shall submit the initial strategy to Congress.
``(2) Final strategy.--Not later than 2 years after the
date of submission of the initial strategy under paragraph
(1), and every 2 years thereafter--
``(A) the Task Force shall--
``(i) review and update the initial strategy; and
``(ii) report the results of the review and update to the
President; and
``(B) the President shall submit to Congress a final
strategy.
``(3) Performance criteria.--The Task Force shall develop
and submit to the Administrator performance criteria for use
in the provision of assistance under this section.
``(d) Provision of Assistance.--The Administrator may--
``(1) provide assistance to developing countries for use in
carrying out activities that are consistent with the
priorities established in the final strategy; and
``(2) establish a pilot program that provides financial
assistance for qualifying projects (as determined by the
Administrator) in accordance with--
``(A) the final strategy submitted under subsection
(c)(2)(B); and
``(B) any performance criteria developed by the Task Force
under subsection (c)(3).
``SEC. 717. PARAMOUNT INTEREST WAIVER.
``(a) In General.--If the President determines that a
national security emergency exists and, in light of
information that was not available as of the date of
enactment of this title, that it is in the paramount interest
of the United States to modify any requirement under this
title to minimize the effects of the emergency, the President
may, after opportunity for public notice and comment,
temporarily adjust, suspend, or waive any regulations
promulgated pursuant to this title to achieve that
minimization.
``(b) Consultation.--In making an emergency determination
under subsection (a), the President shall, to the maximum
extent practicable, consult with and take into account any
advice received from--
``(1) the Academy;
``(2) the Secretary of Energy; and
``(3) the Administrator.
``(c) Judicial Review.--An emergency determination under
subsection (a) shall be subject to judicial review under
section 307.
``SEC. 718. EFFECT ON OTHER LAW.
``Nothing in this title--
``(1) affects the ability of a State to take State actions
to further limit climate change (except that section 209
shall apply to standards for vehicles); and
``(2) except as expressly provided in this title--
``(A) modifies or otherwise affects any requirement of this
Act in effect on the day before the date of enactment of this
title; or
``(B) relieves any person of the responsibility to comply
with this Act.''.
SEC. 3. RENEWABLE CONTENT OF GASOLINE.
Section 211(o) of the Clean Air Act (as amended by section
1501 of the Energy Policy Act of 2005 (Public Law 109-58; 119
Stat. 1067)) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraph (B) as subparagraph (E);
and
(B) by inserting after subparagraph (A) the following:
``(B) Low-carbon renewable fuel.--The term `low-carbon
renewable fuel' means renewable fuel the use of which, on a
full fuel cycle, per-mile basis, and as compared with the use
of gasoline, achieves a reduction in global warming pollution
emissions of 75 percent or more.''; and
(2) in paragraph (2)--
(A) in subparagraph (A)(i), by inserting ``and low-carbon
renewable fuel'' after ``renewable fuel''; and
(B) in subparagraph (B)--
(i) in clause (iv), by striking ``(iv) Minimum applicable
volume.--For the purpose of subparagraph (A), the applicable
volume'' and inserting the following:
``(iv) Minimum applicable volume of renewable fuel.--For
the purpose of subparagraph (A), the minimum applicable
volume of renewable fuel''; and
(ii) by adding at the end the following:
``(v) Minimum applicable volume of low-carbon renewable
fuel.--For the purpose of subparagraph (A), the minimum
applicable volume of low-carbon renewable fuel for calendar
year 2015 and each calendar year thereafter shall be
5,000,000,000 gallons.''.
SEC. 4. ENFORCEMENT AND JUDICIAL REVIEW.
(a) Federal Enforcement.--Section 113 of the Clean Air Act
(42 U.S.C. 7413) is amended--
(1) in subsection (a)(3), by striking ``or title VI,'' and
inserting ``title VI, or title VII,'';
(2) in subsection (b)(2), by striking ``or title VI,'' and
inserting ``title VI, or title VII,'';
(3) in subsection (c)--
(A) in the first sentence of paragraph (1), by striking
``or title VI (relating to stratospheric ozone control),''
and inserting ``title VI (relating to stratospheric ozone
control), or title VII (relating to global warming pollution
emission reductions),''; and
(B) in the first sentence of paragraph (3), by striking
``or VI'' and inserting ``VI, or VII'';
(4) in subsection (d)(1)(B), by striking ``or VI'' and
inserting ``VI, or VII''; and
(5) in the first sentence of subsection (f), by striking
``or VI'' and inserting ``VI, or VII''.
(b) Establishment of Standards.--Section 202 of the Clean
Air Act (42 U.S.C. 7521) is amended--
(1) by redesignating the second subsection (f) (as added by
section 207(b) of Public Law 101-549 (104 Stat. 2482)) as
subsection (n); and
(2) by inserting after subsection (n) (as redesignated by
paragraph (1)) the following:
``(o) Global Warming Pollution Emission Reductions.--
``(1) In general.--Not later than January 1, 2010, the
Administrator shall promulgate regulations in accordance with
subsection (a) and section 707 to require manufacturers of
motor vehicles to meet the vehicle emission standards
established under subsections (a) and (b) of section 707.
``(2) Effective date.--The regulations promulgated under
paragraph (1) shall take effect with respect to motor
vehicles sold by a manufacturer beginning in model year
2016.''.
[[Page S8059]]
(c) Administrative Proceedings and Judicial Review.--
Section 307 of the Clean Air Act (42 U.S.C. 7607) is
amended--
(1) in subsection (b)(1)--
(A) in the first sentence--
(i) by striking ``section 111,,'' and inserting ``section
111,''; and
(ii) by inserting ``any emission standard or requirement
issued pursuant to title VII,'' after ``under section 120,'';
and
(B) in the second sentence, by striking ``section 112,,''
and inserting ``section 112,''; and
(2) in subsection (d)(1)--
(A) in subparagraph (T), by striking ``, and'' at the end;
(B) in subparagraph (U), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(V) the promulgation or revision of any regulation under
title VII (relating to global warming pollution).''.
SEC. 5. FEDERAL FLEET FUEL ECONOMY.
Section 32917 of title 49, United States Code, is amended
by adding at the end the following:
``(3) New vehicles.--
``(A) In general.--Except as provided in subparagraph (B),
each passenger vehicle purchased, or leased for a period of
at least 60 consecutive days, by an Executive agency after
the date of enactment of this paragraph shall be as fuel-
efficient as practicable.
``(B) Waiver.--In an emergency situation, an Executive
agency may submit to Congress a written request for a waiver
of the requirement under paragraph (1).''.
SEC. 6. INTERNATIONAL NEGOTIATIONS AND TRADE RESTRICTIONS.
It is the sense of the Senate that the United States should
act to reduce the health, environmental, economic, and
national security risks posed by global climate change, and
foster sustained economic growth through a new generation of
technologies, by--
(1) participating in negotiations under the United Nations
Framework Convention on Climate Change, done at New York May
9, 1992, and leading efforts in other international forums,
with the objective of securing participation of the United
States in agreements that--
(A) advance and protect the economic and national security
interests of the United States;
(B) establish mitigation commitments by all countries that
are major emitters of global warming pollution, in accordance
with the principle of ``common but differentiated
responsibilities'';
(C) establish flexible international mechanisms to minimize
the cost of efforts by participating countries; and
(D) achieve a significant long-term reduction in global
warming pollution emissions; and
(2) establishing a bipartisan Senate observation group, the
members of which should be designated by the Chairman and
Ranking Member of the Committee on Foreign Relations of the
Senate, and which should include the Chairman and Ranking
Member of the Committee on Environment and Public Works of
the Senate--
(A) to monitor any international negotiations on climate
change; and
(B) to ensure that the advice and consent function of the
Senate is exercised in a manner to facilitate timely
consideration of any applicable treaty submitted to the
Senate.
SEC. 7. REPORT ON TRADE AND INNOVATION EFFECTS.
Not later than 2 years after the date of enactment of this
Act, and annually thereafter, the Secretary of Commerce, in
consultation with the United States Trade Representative, the
Secretary of the Treasury, the Secretary of Agriculture, the
Secretary of Energy, and the Administrator of the
Environmental Protection Agency (referred to in this section
as the ``Secretary''), shall prepare and submit to Congress a
report on the trade, economic, and technology innovation
effects of the failure of the United States to adopt measures
that require or result in a reduction in total global warming
pollution emissions in the United States, in accordance with
the goals for the United States under the United Nations
Framework Convention on Climate Change, done at New York on
May 9, 1992.
SEC. 8. CLIMATE CHANGE IN ENVIRONMENTAL IMPACT STATEMENTS.
In any case in which a Federal agency prepares an
environmental impact statement or similar analysis required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), the Federal agency shall consider and
evaluate--
(1) the impact that the Federal action or project
necessitating the statement or analysis would have in terms
of net changes in global warming pollution emissions; and
(2) the ways in which climate changes may affect the action
or project in the short term and the long term.
SEC. 9. CORPORATE ENVIRONMENTAL DISCLOSURE OF CLIMATE CHANGE
RISKS.
(a) Regulations.--Not later than 2 years after the date of
enactment of this Act, the Securities and Exchange Commission
(referred to in this section as the ``Commission'') shall
promulgate regulations in accordance with section 13 of the
Securities Exchange Act of 1934 (15 U.S.C. 78m) directing
each issuer of securities under that Act to inform securities
investors of the risks relating to--
(1) the financial exposure of the issuer because of the net
global warming pollution emissions of the issuer; and
(2) the potential economic impacts of global warming on the
interests of the issuer.
(b) Uniform Format for Disclosure.--In carrying out
subsection (a), the Commission shall enter into an agreement
with the Financial Accounting Standards Board, or another
appropriate organization that establishes voluntary
standards, to develop a uniform format for disclosing to
securities investors information on the risks described in
subsection (a).
(c) Interim Interpretive Release.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Commission shall issue an
interpretive release clarifying that under items 101 and 303
of Regulation S-K of the Commission under part 229 of title
17, Code of Federal Regulations (as in effect on the date of
enactment of this Act)--
(A) the commitments of the United States to reduce
emissions of global warming pollution under the United
Nations Framework Convention on Climate Change, done at New
York on May 9, 1992, are considered to be a material effect;
and
(B) global warming constitutes a known trend.
(2) Period of effectiveness.--The interpretive release
issued under paragraph (1) shall remain in effect until the
effective date of the final regulations promulgated under
subsection (a).
______
By Mr. SPECTER:
S. 3699. A bill to provide private relief; to the Committee on the
Judiciary.
Mr. SPECTER. Mr. President, I seek recognition today to introduce a
bill to provide private relief to the survivors of Christopher Kangas
of Brookhaven, PA. This is a final attempt to recognize the public
service of Christopher Kangas, a junior firefighter of the Brookhaven,
PA, fire department, who, on May 4, 2002, was struck by a car and
killed while riding his bicycle to the site of a fire emergency.
I characterize the bill I introduce today as a ``final attempt'' to
recognize the public service of Christopher Kangas as a fallen
firefighter because previous legislative corrections have been blocked
while the Kangas family languishes in the lengthy appeals process to
overturn the U.S. Department of Justice's, DOJ, denial of public safety
officer benefits. During both the 108th and 109th Congresses, I
introduced the Christopher Kangas Fallen Firefighter Apprentice Act, S.
2695 and S. 491, respectively, designed to correct a flaw in the
current definition of ``firefighter'' under the Public Safety Officer
Benefits Act. That legislation would clarify that all firefighters will
be recognized as such ``regardless of age, status as an apprentice or
trainee, or duty restrictions imposed because of age or status as an
apprentice or trainee'' and applies retroactively to the date of
Christopher Kangas' death in 2002. However, this legislation has been
prevented from moving forward due to objections that expansion of
benefits under the program would result in a serious drain on the
Treasury when, in fact, the Congressional Budget Office has estimated
that this bill would cost approximately $2 million in the first year of
enactment and an average of less than $500,000 in each year thereafter.
In addition to a legislative remedy, Christopher Kangas' family has
been pursuing the Federal benefit through the U.S. Federal Claims
Court. On March 27, 2006, the court ruled in favor of the Kangas family
ordering DOJ to pay $250,000. However, on May 26, 2006, DOJ filed a
notice of appeal to this decision, further delaying recognition of
Christopher Kangas' public service and status as a fallen firefighter.
Under Pennsylvania law, 14- and 15-year-olds such as Christopher are
permitted to serve as volunteer junior firefighters. While they are not
allowed to operate heavy machinery or enter burning buildings, the law
permits them to fill a number of important support roles, such as
providing first aid. In addition, the junior firefighter program is an
important recruitment tool for fire stations throughout the
Commonwealth. In fact, prior to his death Christopher had received 58
hours of training that would have served him well when he graduated
from the junior program.
It is clear to me that Christopher Kangas was a firefighter killed in
the line of duty. Were it not for his status as a junior firefighter
and his prompt response to a fire alarm, Christopher would still be
alive today. Indeed, the Brookhaven Fire Department, Brookhaven
Borough, and the Commonwealth of Pennsylvania have all
[[Page S8060]]
recognized Christopher's public service as a fallen public safety
officer and provided the appropriate death benefits to his family.
Yet while those closest to the tragedy have recognized Christopher as
a fallen firefighter, the Federal Government has not. The Department of
Justice determined that Christopher Kangas was not eligible for
benefits based on a twofold interpretation of the law. First, because
he was deemed as not acting within a narrow range of duties at the time
of his death that are the measured criteria to be considered a
``firefighter,'' and therefore, was not a ``public safety officer'' for
purposes of the Public Safety Officer Benefits Act. Second, that his
death was deemed as not sustained in the ``line of duty'' because as a
junior firefighter he was prohibited from operating a hose on a ladder
or entering a burning building. As a result of this determination,
Christopher's family cannot receive a Federal line-of-duty benefit. In
addition, Christopher is barred from taking his rightful place on the
National Fallen Firefighters Memorial in Emmitsburg, MD. For a young
man who dreamed of being a firefighter and gave his life rushing to a
fire, keeping him off of the memorial is a grave injustice.
Any firefighter will tell you that there are many important roles to
play in fighting a fire beyond operating the hoses and ladders.
Firefighting is a team effort, and everyone in the Brookhaven Fire
Department viewed young Christopher as a full member of their team. As
such, I support amending the Public Safety Officer Benefits Act to
ensure that the Federal Government will recognize Christopher Kangas
and others like him as firefighters. However, considering the
significant opposition to that solution, I am offering this private
bill in honor of Christopher Kangas to provide his family with the
$250,000 as ordered by the Federal Claims Court and to allow his name
to be included on the National Fallen Firefighter's Memorial.
I urge my colleagues to support this important legislation.
______
By Mr. SMITH (for himself and Mr. Wyden):
S. 3701. A bill to determine successful methods to provide protection
from catastrophic health expenses for individuals who have exceeded
health insurance coverage for uninsured individuals, and for other
purposes; to the Committee on Finance.
Mr. SMITH. Mr. President, every Congress and a number I have served
in since 1997, nearly 10 years ago, Senator Wyden and I, my colleague
from Oregon, have put forward a bipartisan agenda of things we could do
as a Republican and Democrat to advance the interests of our Nation and
specifically the interests of our State. It has been a genuine pleasure
to work with him in achieving much good for Oregon and trying to set a
better example of how Republicans and Democrats can function first as
Americans and not as partisans.
Today as part of our agenda for the 109th Congress, we introduce what
was item No. 1 on our bipartisan agenda. We have entitled it the
Catastrophic Health Coverage Promotion Act. It addresses one of the
most difficult challenges facing Congress, that of rising health care
costs. Getting to a solution on this is daunting. It is not easy to
solve. Health care is the ultimate turf battle. But for decades health
care costs have increased consistently and little has been done to slow
them.
While there are a number of factors driving this growth, the
uninsured play a major role in driving those costs up. Last year 46
million Americans reported lacking health insurance coverage. In our
State of Oregon, 600,000 individuals, 17 percent of the population, are
uninsured. What some fail to realize is that the individuals without
health insurance coverage nevertheless get health coverage. They do so
through emergency rooms, even when they haven't the money to pay. The
result is billions of dollars of uncompensated care incurred by State
governments, community providers, physicians, and hospitals.
In 2006 alone, Oregon's hospitals provided a total of $500 million in
uncompensated care, a 262-percent increase since 1995. Americans absorb
the impact of uncompensated care by having to pay higher prices for
health services overall. They are simply passed on in the cost of our
insurance policies. Small businesses have been hit hard by rising
health care costs as well. Most report they would love to be able to
offer health care, but most small businesses are trying to save their
economic lives, not cover the health care of their employees. But they
would like to.
If we do our work right, Senator Wyden and I may have come up with a
product that may help them to provide some coverage. If a small
business had extra protection in the form of a catastrophic policy for
their employees, it might be able to extend the most basic kind of
care, the kind that says: If you lose your health, you don't lose your
home; you don't penalize everyone else in the business.
I know something of this, Mr. President, because having provided
health care for hundreds of employees, it was the inexpensive
comprehensive package that overlaid those that ultimately was tapped by
one or two employees every year that helped us, in a way, to keep
health care costs more manageable.
The legislation Senator Wyden and I have developed will address the
issue of catastrophic health costs on all fronts. The Catastrophic
Health Coverage Promotion Act creates at least four State-based pilot
projects that will provide basic coverage to uninsured, as well as
additional protection for individuals with significant out-of-pocket
health costs. One of these projects, we hope, will be located in
Oregon. Certainly, it can be if it chooses.
Two of the pilots will target the uninsured. States will be given the
tools they need to offer hybrid health insurance plans that combine a
primary and preventive health care benefit with high-deductible
catastrophic coverage. Private insurance providers will market these
plans to uninsured individuals and small businesses.
Creating affordable basic coverage options for the uninsured is a
much needed step to reduce the impact of uncompensated care on our
health system. By doing this, we should be able to stabilize, if not
reduce, overall health care costs. To help make this coverage more
affordable for low-income workers and families, the bill provides a
graduated subsidy to reduce the costs of premiums. Individuals with
incomes at or below 200 percent of the Federal poverty level would be
eligible for extra help with coverage costs.
Many have asked why Senator Wyden and I would decide to focus on
catastrophic health coverage, considering that similar policy options
already exist and are made widely available. While that may be true,
the Federal Government is often in a unique position to help to grow
existing markets. I believe the targeted funding included in our bill
will help make catastrophic coverage more affordable and more
attractive to both individuals and small businesses. The solution in
this case does not necessarily have to be as big as the problem.
While our proposal may not seem to be the ``silver bullet,'' the kind
of reform our system so desperately needs, it is nevertheless a step in
the right direction. As is the case with many difficult problems,
change is made incrementally. We are hopeful that the four pilot
projects created in this bill will provide policymakers with much
needed insight on how to better manage catastrophic health costs.
At the end of the day, individuals should not lose their homes just
because they lose their health. Anyone--whether they are uninsured or
have generous comprehensive coverage--can fall victim to a serious
health care problem.
I am pleased that my colleague and I were able to work together in a
bipartisan fashion to develop a modest yet workable solution to this
longstanding and nagging problem. I urge my colleagues to support the
legislation, and I encourage the Senate's leadership to move it quickly
through the process.
With that, I yield the floor to my colleague from Oregon, Senator Ron
Wyden.
Mr. WYDEN. Mr. President, how much time remains under the Smith
unanimous consent request for a half hour?
The PRESIDING OFFICER. Twenty-two and a half minutes.
Mr. WYDEN. Thank you, Mr. President.
[[Page S8061]]
Mr. WYDEN. Mr. President, I have come to the floor today to join my
colleague at this time to discuss the Catastrophic Health Coverage
Promotion Act that Senator Smith and I are introducing today.
Mr. President, first, I want to say how much I appreciate Senator
Gordon Smith. At a time when our citizens all across the land and in
our home State of Oregon believe there needs to be more bipartisanship,
Senator Smith doesn't just talk about it, he is consistently willing to
meet me more than halfway on critical issues, and he does that with
other colleagues in the Senate.
As we begin our time discussing this legislation, I want to let him
know how much I appreciate the chance to cooperate with him once again.
As he stated, we did put the issue of catastrophic health coverage at
the top of our bipartisan agenda for the Senate session.
What it comes down to, Mr. President, is that Senator Smith and I
believe it is a moral blot on our Nation for a country as good and rich
as ours to send millions of its citizens to bed at night fearing they
will be wiped out if a serious medical illness hits them. That is the
reality. It is the reality for families who have no coverage at all,
and it is the reality for families who have some measure of coverage,
say, through an employer, but it doesn't stretch far enough.
Senator Smith and I want, in a bipartisan way, to tackle both of
those kinds of concerns. That is why we have put forward the
legislation we introduced today. I think now is an ideal time for
bipartisanship on the catastrophic health coverage issue.
If you look back over the last few years, Senator Kerry, in the 2004
Presidential campaign, had an excellent proposal with respect to
catastrophic coverage, and I said so in the course of that campaign.
But I also said at the time that I thought our distinguished majority
leader, Senator Frist, also had a good catastrophic coverage proposal.
You could debate the various merits of the Kerry proposal and the Frist
proposal--which approach involved a little more government, which
approach involved the private sector--but at the end of the day, for
the purposes of government work, they were pretty darn similar.
So when Senator Smith and I sat down after the 2004 election, we said
let's finally get this done. Democrats and Republicans have been
talking for years about how to make sure that all our citizens have a
safety net under them so that they will not get wiped out from medical
illness. We settled on this approach, which we thought would give us
the opportunity to try some fresh, creative ideas for protecting our
citizens.
Let me give an example of what happens in, for example, South
Carolina, Oregon, or anywhere else in this country. If you have a small
business with six people working there, and one of them gets sick, that
essentially blows up the whole health premium structure for all six of
the employees.
What we ought to look at is something called reinsurance. Under
reinsurance, that employee who gets sick could get a bit of help for
their high bills through a modest role for government, and if
government steps in, in that kind of instance, you have an opportunity
to hold down all of the costs for the entire six-person firm. So we
should have been looking at reinsurance years ago, but because Senator
Smith, who chairs the Senate Aging Committee, has been examining these
questions and has worked with me, now we are going to have a chance to
tackle it in a way that I think is going to give us the opportunity to
get the job done.
We are also very concerned about people who have no coverage at all.
So what happens if you have no coverage at all is folks walk into a
hospital in Oregon or in South Carolina, usually they show up in the
emergency room, and the hospital has to absorb those costs. What we
would do is give that person who now has no coverage at all the
possibility of actually buying some private coverage in the marketplace
with a bit of a subsidy in order to be able to have coverage that would
pick up at least a portion of those bills that the hospital is now
absorbing.
At the end of the day, those are the two principal kinds of instances
we are facing--folks who have some coverage through a private employer,
but it doesn't stretch far enough, and folks who don't have any
coverage at all. Under that approach, we would like to make it possible
for them to get into the private insurance market, protect them from
catastrophic illness. We think we can do it with a modest subsidy
coming from government.
My sense is that we are now looking at health care on two tracks in
our country. The first track is a track that suggests we can take steps
right now in areas like catastrophic coverage to protect our citizens.
There are other ideas I have advanced during this Congress. For
example, Senator Snowe and I have now gotten a majority of Senators to
agree with our proposal to lift the restriction so Medicare can bargain
and hold down the costs. That, like the question of catastrophic
coverage, is a step you can take right now. Let's protect our citizens
from the catastrophic illness and let's hold down the costs of
medicine. Those are practical, bipartisan approaches that can be taken
today. We ought to pursue them and get them done.
I also think there is another track to health care. I noticed that
Senator Hatch was on the Senate floor. He and I were the authors of the
legislation creating the Citizens' Health Care Working Group that is
going to look at opportunities to make sure that all Americans have
decent, affordable coverage. We have only been on that issue for more
than 60 years--going back to the 81st Congress, in 1945, and Harry
Truman. I have said let's also work on that second track that involves
getting all Americans under the tent for essential and affordable
health care coverage.
That obviously isn't going to get done in the next 15 minutes. But if
the Senate, on a bipartisan basis, as Senator Smith and I have sought
to do on the catastrophic issue, and as Senator Hatch and I have sought
to do on a broader approach to look at health care that works for all
Americans--if we team up and look at health care on those two tracks, I
think we can make a great contribution for our country.
There are no costs going up in the United States like medical bills.
We spent $1.7 trillion last year on health care. There are 290 million
Americans--I guess we are approaching 300 million. When you divide $1.7
trillion by 290 million Americans, it comes to something like $25,000
that could be sent to every family of four in America with the amount
of money now being spent on health care.
So while we are spending enough money, my sense is that we are not
spending it in the right places. Once again, Senator Smith has given us
an opportunity to think creatively about better ways to approach the
use of the health care dollars. I was pleased when Senator Smith
suggested in our legislation that we also make it possible to include a
focus on health care prevention. We are not doing enough with health
care prevention in this country. The Medicare Program shows that pretty
well. Medicare Part A, for example, will pay huge checks for senior
citizens' hospital bills, but Medicare Part B pays virtually nothing
for prevention to keep people well. That makes no sense. We need a
sharper focus on health care prevention, and one of the things that I
think is attractive about Senator Smith's leadership on this issue is
that he has said even in the context of looking at catastrophic health
care, let's put a sharper focus on prevention. We are going to make it
possible in this legislation to do that.
I note we have other colleagues on the floor. I have secured time to
focus on the Voting Rights Act legislation later in the afternoon, but
I am very pleased to have the opportunity to talk for a few minutes
about the Catastrophic Health Coverage Promotion Act Senator Smith and
I are introducing today. We have focused on a number of issues in a
bipartisan fashion over our years in the Senate, but this has the
potential to be the biggest as it relates to the needs of our citizens
at home.
We want to make sure when folks go to bed at night, they don't have
to fear they are going to be wiped out financially by a serious medical
illness. This legislation moves us one step closer toward the goal. We
hope many colleagues on both sides of the aisle will want to support
the legislation.
Mr. WYDEN. Mr. President, Senator Snowe and I today are introducing
the
[[Page S8062]]
Medicare Prescription Drug Lifeline Act. This legislation provides a
solution for those seniors falling into the coverage gap, also known as
the doughnut hole of the Medicare prescription drug benefit. The
doughnut hole occurs when the spending for a senior's drug expenses
reaches $2,250: at the point, the senior is on their own until their
spending for prescription drugs reaches a total of $5,100, where the
benefit picks up again. The Kaiser Family Foundation estimated that
nearly 7 million seniors will fall into the coverage gap this year.
Seniors who enter this ``no man's land'' of spending face the same
problems seniors faced before the drug benefit even began: they skip
doses, they don't take all their medicine to make it stretch, and they
are forced to choose between their food and fuel costs and their
prescription drug costs.
This legislation would take three steps to deal with this problem:
First, the Secretary of HHS would be required to let seniors know they
are approaching the coverage gap. Second, it would allow seniors, when
they are notified that they are reaching the coverage gap, to switch
plans to avoid the gap. Finally, the legislation requires the
Government Accountability Office to examine ways in which the benefit
could be redesigned to eliminate the gap without increasing Federal
spending. Together, these provisions will give seniors a lifeline to
coverage.
Senator Snowe and I both voted for the legislation that created the
Medicare prescription drug benefit. When we did so, we pledged that we
would continue to work to improve the benefit. Senator Snowe and I have
teamed up together on many occasions to try to reduce the cost of the
prescription drug program by giving the Secretary the same power other
Government officials have to bargain for better prices. Our legislation
has won a majority of votes in the Senate, and we intend to continue to
press for that power.
The latest effort is aimed at another shortcoming in the law: finding
a way to help seniors avoid falling into the coverage gap. Senator
Snowe and I believe that our legislation will help seniors a
straightforward way to avoid the gap.
Congress needs to address both these issues and we will continue our
strong commitment to seniors by working to improve the drug benefit.
______
By Mrs. FEINSTEIN (for herself and Ms. Snowe):
S. 3702. A bill to provide for the safety of migrant seasonal
agricultural workers; to the Committee on Health, Education, Labor, and
Pensions.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation
with Senator Snowe that will provide our Nation's migrant agricultural
and forest workers with a safe ride to work. The Farm and Forestry
Worker Transportation Safety Act would require a designated seat and
seatbelt for each person riding in a vehicle used to transport these
workers.
Today, many migrant workers travel to their jobs in dangerous and
unsafe conditions. It is not uncommon for these workers to ride in
overcrowded vans and trucks while sitting on benches and buckets with
no access to seatbelts.
According to the Bureau of Labor Statistics, 78 agricultural workers
lost their lives and 440 were injured in transportation accidents in
2004.
I would like to take a moment to share with you just a few of the
accidents that have resulted from the lack of adequate safety
regulations for these workers:
In December of 2005, two Guatemalan forest workers were killed when
their vehicle crashed driving off icy roads in Washington. Five
Guatemalan forest workers were killed in the same manner the previous
year.
In June of 2004, 2 migrant workers were killed in Port St. Lucie, FL,
when their overcrowded van carrying 11 people rolled over on Interstate
95. Two months later, 9 citrus workers were killed in Fort Pierce when
their 15-passenger van rolled over and ejected all 19 passengers.
In September 2002, 14 forestry workers were killed when their van
transporting them to work toppled off a bridge in Maine.
In August 1999, 13 tomato field workers were killed when their van
slammed into a tractor-trailer in Fresno County, CA. Most of the
victims were riding on three benches in the back of the van.
As you can see, this issue does not just affect my home State of
California. It is a problem that requires national attention. Congress
needs to take action to ensure these workers safe travel to and from
their jobs. My bill would seek to provide these workers with a
designated seat and operating seatbelt.
This legislation would also address the issue of converted vehicles.
The bill would direct the Department of Transportation to develop
interim seat and seatbelt safety standards for vehicles that have been
converted for the purpose of transporting migrant workers. Owners and
operators of these vehicles would have 7 years to make the necessary
improvements so that their vehicles would meet the same safety
standards as new vehicles.
I hope my colleagues will join me in standing up for the safety of
our Nation's migrant workforce.
Mr. President, I request that the text of this legislation appear
immediately following this statement in the Congressional Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3702
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 ``Farm and Forestry Worker
Transportation Safety Act''.
SEC. 2. SEATS AND SEAT BELTS FOR MIGRANT AND SEASONAL
AGRICULTURAL WORKERS.
(a) Seats.--Except as provided in subsection (d), in
promulgating vehicle safety standards under the Migrant and
Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801
et seq.) for the transportation of migrant and seasonal
agricultural workers by farm labor contractors, agricultural
employers or agricultural associations, the Secretary of
Labor shall ensure that each occupant or rider in, or on, any
vehicle subject to such standards is provided with a seat
that is a designated seating position (as such term is
defined for purposes of the Federal motor vehicle safety
standards issued under chapter 301 of title 49, United States
Code).
(b) Seat Belts.--Each seating position required under
subsection (a) shall be equipped with an operational seat
belt, except that this subsection shall not apply with
respect to seating positions in buses that would otherwise
not be required to have seat belts under the Federal motor
vehicle safety standards.
(c) Performance Requirements.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary of Labor, shall issue minimum
performance requirements for the strength of seats and the
attachment of seats and seat belts in vehicles that are
converted, after being sold for purposes other than resale,
for the purpose of transporting migrant or seasonal
agricultural workers. The requirements shall provide a level
of safety that is as close as practicable to the level of
safety provided for in a vehicle that is manufactured or
altered for the purpose of transporting such workers before
being sold for purposes other than resale.
(2) Expiration.--Effective on the date that is 7 years
after the date of enactment of this Act, any vehicle that is
or has been converted for the purpose of transporting migrant
or seasonal agricultural workers shall provide the same level
of safety as a vehicle that is manufactured or altered for
such purpose prior to being sold for purposes other than
resale.
(d) Rule of Construction.--Nothing in this section shall be
construed to alter or modify the regulations contained in
section 500.103, or the provision pertaining to
transportation that is primarily on private roads in section
500.104(l), of title 29, Code of Federal Regulations, as in
effect on the date of enactment of this Act.
(e) Definitions.--The definitions contained in section 3 of
the Migrant and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1802) shall apply to this section.
(f) Compliance Date.--Not later than 1 year after such date
of enactment, and except as provided in subsection (c)(2),
all vehicles subject to this Act shall be in compliance with
the requirements of this Act.
______
By Ms. SNOWE (for herself and Mr. Wyden):
S. 3703. A bill to provide for a temporary process for individuals
entering the Medicare coverage gap to switch to a plan that provides
coverage in the gap; to the Committee on Finance.
Ms. SNOWE. Mr. President, I am pleased to be here today with my
colleague and friend, Senator Wyden, with whom I have worked for many
years to achieve affordable prescription drug
[[Page S8063]]
coverage for our seniors. We have certainly come a long way from back
where we were nearly 10 years ago.
Yet much remains to be done. As we have seen, the implementation of
the Medicare Part D benefit has been difficult, and there is no doubt
we are still on the road to a sustainable benefit which our seniors can
easily navigate. The complexity of the benefit is certainly posing a
hazard to many of our seniors.
Today we face a crisis as millions of seniors are entering a gap in
their prescription drug coverage--the so-called doughnut hole. In fact,
when a senior's drug costs exceed $2,250 this year, they will no longer
receive benefits until their spending reaches $5,100. That leaves
seniors with a full $2,850 of drug costs to absorb before they receive
a single cent of coverage. And they must continue to pay premiums. The
Kaiser Foundation has reported that an estimated 7 million seniors will
be affected by this coverage gap. How will they continue to receive
essential medications?
Earlier this year, I offered legislation which would have addressed
this issue by allowing every beneficiary to change their plan once this
year so that those beneficiaries who realized that they require a more
comprehensive plan could choose to change to an appropriate plan. We
know that selecting drug coverage was a challenging process for
seniors, all the more so as the deadline loomed and they struggled to
get assistance.
Many may have made a good decision, but their circumstances may have
since changed significantly. How many of us know of a senior who has
had a major illness or hospitalization just since January? Most seniors
in that situation will have changes in their medications as a result
and often will use more prescription drugs and likely more expensive
ones as well.
Finally, with coverage available, there is little doubt that
physicians were encouraged to prescribe medications that at last their
patients could afford--drugs which could prevent serious illness, such
as heart disease. Yet now, just as seniors see the possibility of a
future with better health, the cost of that critical treatment may be
unsustainable. So millions are facing the dilemma we have seen before--
cutting doses or even discontinuing medications. This must not occur
again.
As many medical experts will tell you, to stop taking essential
medications or to begin rationing their use will pose serious safety
risks to many of our beneficiaries. That undermines the benefits we
should see from Part D--improved health and decreased health
expenditures.
So Senator Wyden and I are here to offer a solution--one which, I
might add, both HHS Secretary Michael Leavitt and Dr. Mark McClellan,
the Administrator of the Centers for Medicare and Medicaid Services,
have previously suggested they would pursue. That solution is a simple
one--to allow those facing a coverage gap to change to a plan which
would offer continuous coverage. That solution has simply not been
employed and that compels us to act today, to protect our seniors.
The bill I rise to introduce today--the Medicare Prescription Drug
Lifeline Act--truly gives a second chance to those who most need this
coverage. Under this legislation we require that CMS notify those who
are approaching the coverage gap and give them an option of making a
one-time plan change in order to obtain essential drug coverage. Under
our legislation, beneficiaries could change to any plan which would
provide continuous coverage. That includes drug plans which provide
generic or brand-name drugs as well as Medicare Advantage plans
offering comprehensive drug coverage.
In a few States, there is simply not an option which allows a
beneficiary to obtain continuous brand-name drug coverage. I note that
in my State of Maine, as well as in New Hampshire and Alaska, such
coverage simply cannot be obtained. So this legislation directs the
Secretary to provide an option for beneficiary enrollment in a plan
with brand-name drug coverage outside their region. That is simply
fair, and it is essential to ensure that we don't see the doughnut hole
threaten the health of our seniors.
We know that this coverage gap is an issue we simply must address.
Seniors need to be able to plan and budget and count on a predictable
monthly cost for their essentials of life. When the Congress adopted
Part D 3 years ago, we said we never wanted to make seniors again
choose between buying food and buying essential medicines. Yet without
addressing the doughnut hole now, we will put seniors in that exact
position again.
So this legislation also asks the GAO to undertake a study of options
for eliminating the doughnut hole--looking at ways to level the benefit
structure--including how we might do so without increasing federal
expenditures. I note that one might be able to accomplish this, without
changing the beneficiary's copayment rates appreciably. Obviously, if
we saw some improvement in the pricing of drugs, that certainly would
help get us there.
Today our most critical need is to avoid the harm this coverage gap
poses, and I call on my colleagues to join us in this effort--to
preserve drug access for our seniors so both they, ad our Medicare
system, realize the benefits of modern medicine.
______
By Mr. MENENDEZ (for himself and Mr. Lautenberg):
S. 3704. A bill to amend title XIX of the Social Security Act to
require staff working with developmentally disabled individuals to call
emergency services in the event of a life-threatening situation; to the
Committee on Finance.
Mr. MENENDEZ. Mr. President, I rise today with my good friend Senator
Lautenberg to introduce Danielle's Act, an important piece of
legislation that I know will save countless lives. I also recognize
Representative Rush Holt, who has championed the bill in the House and
has been a tireless advocate for individuals with disabilities. This
bill is named in memory of a young woman from New Jersey, Danielle
Gruskowski, whose life was cut tragically short by a failure to call 9-
1-1. The great State of New Jersey has already passed Danielle's Law,
and it is time for Congress to act as well.
In order to understand the importance of this legislation, I would
like to share Danielle's story. She was born December 6, 1969, to Diane
and Doug Gruskowski and raised in Carteret, NJ. Danielle was
developmentally disabled and diagnosed with Rett Syndrome, a
neurological disorder that causes a delay or regression in development,
including speech, hand skills, and coordination. While Danielle needed
help with daily activities, she managed to lead a full and active life.
As a young adult, Danielle moved to a group home to experience the
positive benefits of independent living. Tragically, on November 5,
2002, Danielle passed away at the age of 32 because no one in the group
home called 9-1-1 when she was clearly in need of emergency medical
attention.
So that no other mother would lose her child in such a tragic
circumstance, Danielle's mother and her aunt, Robin Turner, developed a
strong coalition of supporters and worked with their State
representatives to develop and pass what we know as Danielle's Law.
Like the New Jersey law, my bill will require staff working with
individuals who have a developmental disability or traumatic brain
injury to call emergency services in the event of a life-threatening
situation. The legislation would raise the standard of care by
improving staff training and ensuring that individuals with
developmental disabilities get emergency care when they need it.
All Americans deserve an advocate, and today I am speaking for those
who often cannot speak for themselves. I am proud to be an advocate for
individuals with disabilities, and I am proud to be an advocate for the
families in New Jersey who are counting on safe, secure, and healthy
independent living environments for their loved ones with disabilities.
I also would like to recognize the hard-working caregivers and staff
who help provide for the needs of those with disabilities. They show
their compassion every day when they show up for work, performing one
of the most difficult but rewarding jobs in our society--caring for
someone's mother, father, son, or daughter. These caregivers play such
a critical role in our society and their contributions are to be
commended. By raising awareness and education about Danielle's Law, my
hope is that more caregivers will realize how important it is to call
9-1-1 for all life-threatening situations and
[[Page S8064]]
that better training and support will be provided to staff across the
country.
I am introducing this legislation to remember Danielle and to make
sure no other family or community experiences the pain and suffering of
losing a loved one to an avoidable death. I hope my colleagues will
join me in supporting this important bill.
Mr. President, I ask unanimous consent that the bill be printed in
the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3704
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 ``Danielle's Act''.
SEC. 2. REQUIREMENT OF STAFF WORKING WITH DEVELOPMENTALLY
DISABLED INDIVIDUALS TO CALL EMERGENCY SERVICES
IN THE EVENT OF A LIFE-THREATENING SITUATION.
(a) Requirement.--Section 1902(a) of the Social Security
Act (42 U.S.C. 1396a(a)) is amended--
(1) in paragraph (69), by striking ``and'' at the end;
(2) in paragraph (70), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after paragraph (70) the following new
paragraph:
``(71) provide, in accordance with regulations of the
Secretary, that direct care staff providing health-related
services to a individual with a developmental disability or
traumatic brain injury are required to call the 911 emergency
telephone service or equivalent emergency management service
for assistance in the event of a life-threatening emergency
to such individual and to report such call to the appropriate
State agency or department.''.
(b) Effective Date.--The amendments made by subsection (a)
take effect on January 1, 2007.
______
By Mr. KENNEDY (for himself, Mr. Harkin Mr. Jeffords, Mr.
Bingaman, Mrs. Clinton, Mrs. Murray, Mr. Reed, Mr. Dodd, Ms.
Mikulski, Mr. Dayton, Ms. Stabenow, and Mr. Schumer):
S. 3705. A bill to amend title XIX of the Social Security Act to
improve requirements under the Medicaid program for items and services
furnished in or through an educational program or setting to children,
including children with developmental, physical, or mental health
needs, and for other purposes; to the Committee on Finance.
Mr. KENNEDY. Mr. President, it is a privilege to join my Senate and
House colleagues in introducing the Protecting Children's Health in
Schools Act of 2006. This bill will ensure that the Nation's 7 million
school children with disabilities will have continued access to health
care in school.
In 1975, the Nation made a commitment to guarantee children with
disabilities equal access to education. For these children to learn and
thrive in schools, the integration of education with health care is of
paramount importance. Coordination with Medicaid makes an immense
difference to schools in meeting the needs of these children.
This year, however, the Bush administration has declared its intent
to end Medicaid reimbursements to schools for the support services they
need in order to provide medical and health-related services to
disabled children. The administration is saying ``NO'' to any further
financial help to Medicaid-covered disabled children who need
specialized transportation to obtain their health services at school.
It is saying ``NO'' to any legitimate reimbursement to the school for
costs incurred for administrative duties related to Medicaid services.
It's bad enough that Congress and the administration have not kept
the commitment to ``glide-path'' funding of IDEA needs in 2004. Now the
administration proposes to deny funding to schools under the federal
program that supports the health needs of disabled children. It makes
no sense to make it so difficult for disabled children to achieve in
school--both under IDEA and the No Child Left Behind.
At stake is an estimated $3.6 billion in Medicaid funds over the next
5 years. Such funding is essential to help identify disabled children
and connect them to services that can meet their special health and
learning needs during the school day.
This decision by the administration follows years of resisting
Medicaid reimbursements to schools that provide these services, without
clear guidance on how schools should appropriately seek reimbursement.
The ``Protecting Children's Health in Schools Act'' recognizes the
importance of schools as a site of delivery of health care. It ensures
that children with disabilities can continue to obtain health services
during the school day. The bill also provides for clear and consistent
guidelines to be established, so that schools can be held accountable
and seek appropriate reimbursement.
The legislation has the support of over 60 groups, including parents,
teachers, principals, school boards, and health care providers--people
who work with children with disabilities every day and know what is
needed to facilitate their growth, development, and long-term success.
I urge all of our colleagues to join us in supporting these children
across the Nation, by providing the realistic support their schools
need in order to meet these basic health care requirements of their
students.
Mr. KENNEDY. I ask unanimous consent that the attached bill be
printed into the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 3705
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 ``Protecting Children's Health
in Schools Act of 2006''.
SEC. 2. REQUIREMENTS UNDER THE MEDICAID PROGRAM FOR ITEMS AND
SERVICES FURNISHED IN OR THROUGH AN EDUCATIONAL
PROGRAM OR SETTING TO CHILDREN, INCLUDING
CHILDREN WITH DEVELOPMENTAL, PHYSICAL, OR
MENTAL HEALTH NEEDS.
(a) Requirements for Payments.--Section 1903 of the Social
Security Act (42 U.S.C. 1396b) is amended--
(1) in subsection (i)--
(A) in paragraph (22), by striking the period at the end
and inserting ``; or''; and
(B) by inserting after paragraph (22), the following new
paragraphs:
``(23) with respect to any amount expended by, or on behalf
of, the State (including by a local educational agency in the
State or the lead agency in the State with responsibility for
administering part C of the Individuals with Disabilities
Education Act) for an item or service provided under the
State plan in or through an educational program or setting,
or for any administrative cost incurred to carry out the
State plan in or through such a program or setting, or for a
transportation service for an individual who has not attained
age 21, unless the requirements of subsection (y) are met; or
``(24) with respect to any amount expended for an item or
service provided under the State plan in or through an
educational program or setting, or for any administrative
cost incurred to carry out the plan in or through such a
program or setting by, or on behalf of, the State through an
agency that is not the State agency with responsibility for
administering the State plan (including a local educational
agency in the State or the lead agency in the State with
responsibility for administering part C of the Individuals
with Disabilities Education Act) and that enters into a
contract or other arrangement with a person or entity for or
in connection with the collection or submission of claims for
such an expenditure or cost, unless the agency--
``(A) if not a public agency operating a consortium with
other public agencies, uses a competitive bidding process or
otherwise to contract with such person or entity at a
reasonable rate commensurate with the services performed by
the person or entity; and
``(B) requires that any fees (including any administrative
fees) to be paid to the person or entity for the collection
or submission of such claims are identified as a non-
contingent, specified dollar amount in the contract.''; and
(2) by adding at the end the following new subsection:
``(y) Requirements for Federal Financial Participation for
Furnishing Medical Assistance (including Medically Needed
Transportation) in or Through an Educational Program or
Setting.--For purposes of subsection (i)(23), the
requirements of this subsection are the following:
``(1) Approved methodology for expenditures for bundled
items, services, and administrative costs.--
``(A) In general.--In the case of any amount expended by,
or on behalf of, the State for a bundle of individual items,
services, and administrative costs under the State plan that
are furnished in or through an educational program or
setting, the expenditure must be made in accordance with a
methodology approved by the Secretary which--
``(i) provides for an itemization to the Secretary in a
manner that ensures accountability of the cost of the bundled
items, services, and administrative costs and includes
payment rates and the methodologies underlying the
establishment of such rates;
``(ii) has a sound basis for determining such payment rates
and methodologies; and
[[Page S8065]]
``(iii) matches payments for the bundled items, services,
and administrative costs with corresponding items and
services provided and administrative costs incurred under the
State plan.
``(B) Rule of construction.--Nothing in subparagraph (A)
shall be construed as--
``(i) requiring a State to establish and apply such a
methodology through a State plan amendment;
``(ii) requiring a State with such an approved methodology
to obtain the approval of the Secretary for any increase in
rates of reimbursement that are established consistent with
such methodology; or
``(iii) prohibiting the Secretary from reviewing a State's
costs for the individual items, services, and administrative
costs that make up a proposed bundle of items, services, and
costs as a condition of approval of the methodology that the
State will establish to determine the rate of reimbursement
for such bundle of items, services, and costs.
``(2) Application of market rate for individual items,
services, administrative costs.--In the case of an amount
expended by, or on behalf of, the State for an individual
item, service, or administrative cost under the State plan
that is furnished in or through an educational program or
setting, the State must establish that the amount expended--
``(A) does not exceed the amount that would have been paid
for the item, service, or administrative cost if the item or
service was provided or the cost was incurred by an entity in
or through a program or setting other than an educational
program or setting; or
``(B) if the amount expended for the item, service, or
administrative cost is higher than the amount described in
subparagraph (A), was necessary.
``(3) Transportation services.--
``(A) In general.--In the case of an amount expended by, or
on behalf of, the State for furnishing in or through an
educational program or setting a transportation service for
an individual who has not attained age 21 and who is eligible
for medical assistance under the State plan, the State mush
establish that--
``(i) a medical need for transportation is specifically
listed in the individualized education program for the
individual established pursuant to part B of the Individuals
with Disabilities Education Act or, in the case of an infant
or a toddler with a disability, in the individualized family
service plan established for such infant or toddler pursuant
to part C of such Act, or is furnished to the individual
pursuant to section 504 of the Rehabilitation Act of 1973;
``(ii) the vehicle used to furnish such transportation
service is specially equipped or staffed to accommodate
individuals who have not attained age 21 with developmental,
physical, or mental health needs; and
``(iii) payment for such service is made only for costs
directly attributable to costs associated with transporting
individuals who have not attained age 21 and whose
developmental, physical, or mental health needs require
transport in such a vehicle in order to receive the services
for which medical assistance is provided under the State
plan.
``(B) Rule of construction.--Nothing in subparagraph (A)
shall be construed as modifying the obligation of a State to
ensure that an individual who has not attained age 21 and who
is eligible for medical assistance under the State plan
receives necessary transportation services to and from a
provider of medical assistance in or through a program or
setting other than an educational program or setting.''.
(b) Requirements for the Provision of Items and Services
Through Medicaid Managed Care Organizations.--
(1) Contractual requirements.--Section 1903(m)(2) of the
Social Security Act (42 U.S.C. 1396b(m)(2)) is amended--
(A) in subparagraph (A), by inserting after clause (i) the
following new clause:
``(ii) the contract with the entity satisfies the
requirements of subparagraph (C) (relating to payment for,
and coverage of, such services under an individual's
education program, an individualized family service plan, or
when furnished in or through an educational program or
setting);''; and
(B) by inserting after subparagraph (B), the following new
subparagraph:
``(C) For purposes of clause (ii) of subparagraph (A), the
requirements of this subparagraph are the following:
``(i) The contract with the entity specifies the coverage
and payment responsibilities of the entity in relation to
medical assistance for items and services that are covered
under the State plan and included in the contract, when such
items and services are furnished in or through an educational
program or setting.
``(ii) In any case in which the entity is obligated under
the contract to pay for items and services covered under the
State plan, the contract with the entity requires the entity
to--
``(I) enter into a provider network service agreement with
the qualified provider or providers furnishing such items or
services in or through an educational program or setting;
``(II) promptly pay such providers at a rate that is at
least equal to the rate that would be paid to a provider
furnishing the same service in a non-educational program or
setting; and
``(III) treat as final and binding determinations by State
licensed providers or providers eligible for reimbursement
under the State plan working in an educational program or
setting regarding the medical necessity of an item or
service.
``(iii) The contract with the entity specifies the
obligation of the entity to ensure that providers of items or
services that are furnished in or through an educational
program or setting refer children furnished such items or
services to the entity and its provider network for
additional services that are not available in or through such
program or setting but that are covered under the State plan
and included in the entity's contract with the State.
``(iv) The contract with the entity requires, with respect
to payment for, and coverage of, services for which the
entity is responsible for, that the entity must demonstrate
that the entity has established procedures to--
``(I) ensure coordination between the State, a local
educational agency and the lead agency in the State with
responsibility for administering part C of the Individuals
with Disabilities Education Act with respect to those
services for an individual who has not attained age 21 and
who is eligible for medical assistance under the State plan
(including an individual who has an individualized education
program established pursuant to part B of the Individuals
with Disabilities Education Act or otherwise or an infant or
toddler with a disability who has an individualized family
service plan established pursuant to part C of such Act)
which are required for the individual under the individual's
education program or the individualized family service plan,
or are furnished to the individual pursuant to section 504 of
the Rehabilitation Act of 1973 and which are not specifically
included in the services required under the contract, but are
the responsibility of the State, a local educational agency,
or the lead agency in the State with responsibility for
administering part C of the Individuals with Disabilities
Education Act; and
``(II) prevent duplication of services and payments under
this title with respect to items and services covered under
the State plan that are furnished in or through an
educational program or setting to such individuals enrolled
under the contract.''.
(2) Prohibition on duplicative payments.--
(A) In general.--Section 1903(i) of the Social Security Act
(42 U.S.C. 1396b(i)), as amended by subsection (a), is
amended--
(i) in paragraph (24)(B), by striking the period and
inserting ``; or''; and
(ii) by inserting after paragraph (24) the following new
paragraph:
``(25) with respect to any amount expended under the State
plan for an item, service, or administrative cost for which
payment is or may be made directly to a person or entity
(including a State, local educational agency, or the lead
agency in the State with responsibility for administering
part C of the Individuals with Disabilities Education Act)
under the State plan if payment for such item, service, or
administrative cost was included in the determination of a
prepaid capitation or other risk-based rate of payment to an
entity under a contract pursuant to section 1903(m).''.
(B) Conforming amendment.--The third sentence of section
1903(i) of such Act (42 U.S.C. 1396b(i)), as amended by
subsection (a)(1)(C), is amended by striking ``and (24)'' and
inserting ``(24), and (25)''.
(c) Allowable Share of FFP With Respect to Payment for
Services Furnished in or Through an Educational Program or
Setting.--Section 1903(w)(6) of the Social Security Act (42
U.S.C. 1396b(w)(6)) is amended--
(1) in subparagraph (A), by inserting ``subject to
subparagraph (C),'' after ``subsection,''; and
(2) by adding at the end the following new subparagraph:
``(C) In the case of any Federal financial participation
paid under subsection (a) with respect to an expenditure for
an item or service provided under the plan, or for any
administrative cost incurred to carry out the plan, that is
furnished in or through an educational program or setting,
the State shall provide that--
``(i) if 0 percent of the expenditure was made or the cost
was incurred directly by the State, the State shall pay the
local educational agency in the State or the lead agency in
the State with responsibility for administering part C of the
Individuals with Disabilities Education Act that made the
expenditure or incurred the cost (and, if applicable, any
consortium of public agencies that incurred costs in
connection with the collection or submission of claims for
such expenditures or costs), 100 percent (divided, as
appropriate, between such agencies and such a consortium, if
applicable) of the amount of the Federal financial
participation; and
``(ii) if 100 or any lesser percent of the expenditure was
made or the cost was directly incurred by the State, the
State shall retain only such percentage of the Federal
financial participation paid for the expenditure or cost as
does not exceed the percentage of such expenditure or cost
that was funded by State revenues that are dedicated solely
for the provision of such medical assistance (and shall pay
out of any remaining percentage of such Federal financial
participation, the percentage due to the local educational
agency in the State or the lead agency in the State with
responsibility for administering part C
[[Page S8066]]
of the Individuals with Disabilities Education Act that made
or incurred the remaining percentage of such expenditure or
cost (and, if applicable, any consortium of public agencies
that incurred costs in connection with the collection or
submission of claims for such expenditures or costs)).''.
(d) Assurance of Reimbursement for Administrative,
Enrollment, and Outreach Activities Conducted by Local
Educational Agencies.--
(1) Medicaid.--Section 1902 of the Social Security Act (42
U.S.C. 1396a) is amended by inserting after subsection (j)
the following new subsection:
``(k) Nothing in this title shall be construed as
authorizing the Secretary to prohibit the State agency with
responsibility for the administration or supervision of the
administration of the State plan from entering into
interagency agreements with local educational agencies under
which such local educational agencies shall be reimbursed for
the Federal share of amounts expended for administrative,
enrollment, and outreach activities for which payment is made
to the State under section 1903(a)(7), including with respect
to such activities as are conducted for purposes of
satisfying the requirements of subsection (a)(43).''.
(2) SCHIP.--Section 2107(e)(1) of the Social Security Act
(42 U.S.C. 1397gg(e)(1)) is amended--
(A) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively; and
(B) by inserting after subparagraph (A) the following new
subparagraph:
``(B) Section 1902(k) (relating to interagency agreements
with local educational agencies for reimbursement for
expenditures for administrative, enrollment, and outreach
activities).''.
(e) Clarification of Coverage of Epsdt and Items and
Services Furnished to a Disabled Child Pursuant to Section
504 of the Rehabilitation Act of 1973; Definition of
``Educational Program or Setting''.--Section 1903(c) of the
Social Security Act (42 U.S.C. 1396b(c)) is amended--
(1) by inserting ``(1)'' after ``(c)'';
(2) by striking ``Education Act or'' and inserting
``Education Act,'';
(3) by inserting ``, or furnished to a child with a
disability pursuant to section 504 of the Rehabilitation Act
of 1973'' before the period; and
(4) by adding at the end the following new paragraphs:
``(2) Nothing in this title shall be construed as
prohibiting or restricting, or authorizing the Secretary to
prohibit or restrict, payment under subsection (a) for the
following items or services furnished in or through an
educational program or setting, or costs incurred with
respect to the furnishing of such items or services:
``(A) Medical assistance for items or services described in
section 1905(a)(4)(B) (relating to early and periodic
screening, diagnostic, and treatment services defined in
section 1905(r)) and costs incurred for providing such items
or services in accordance with the requirements of section
1902(a)(43).
``(B) Costs incurred for providing services related to the
administration of the State plan, including providing
information regarding the availability of, and eligibility
for, medical assistance under the plan, and assistance with
determinations of eligibility and enrollment and
redeterminations of eligibility under the plan.
``(3) Nothing in this title shall be construed as
prohibiting or restricting, or authorizing the Secretary to
prohibit or restrict, payment under subsection (a) for
medical assistance furnished in or through an educational
program or setting or costs described in paragraph (2)(B)
solely because--
``(A) the State utilizes an all-inclusive payment
arrangement in making payments for medical assistance
described in subsections (a) or (r) of section 1905; or
``(B) the State utilizes a cost allocation system that
meets Federal requirements when paying for the cost of
services described in section 1902(a)(43) or other
administrative services directly related to the
administration of the State plan.
``(4)(A) For purposes of this title, the term `educational
program or setting' means any location in which the items or
services included in a child's individualized education plan
established pursuant to part B of the Individuals with
Disabilities Education Act or otherwise, or in an infant's or
toddler's individualized family service plan established
pursuant to part C of such Act, are delivered, including the
home, child care setting, or school of the child, infant, or
toddler.
``(B) Such term includes--
``(i) any location in which an evaluation or assessment is
conducted, in accordance with the requirements of section
1902(a)(43) and subsections (a)(4)(B) and (r) of section
1905, to determine if a child is a child with a disability
under section 614 of the Individuals with Disabilities
Education Act (20 U.S.C. 1414) who requires an individualized
education program (IEP) under section 614(d) of such Act (20
U.S.C. 1414(d)) or if an infant or toddler is an infant or
toddler with a disability under section 635(a)(3) of such Act
(20 U.S.C. 1435(a)(3)) who requires an individualized family
service plan under section 636 of such Act (20 U.S.C. 1436)
and any location in which a reevaluation or reassessment of
such a determination is conducted; and
``(ii) for purposes of subsection (m)(2)(C), any location
in which items or services described in section 1905(a)(4)(B)
(relating to early and periodic screening, diagnostic, and
treatment services defined in section 1905(r)) are delivered
and costs are incurred for providing such items or services
in accordance with the requirements of section
1902(a)(43).''.
(f) Assurance of Compliance With Federal and State
Requirements.--Section 1902(a) of the Social Security Act (42
U.S.C. 1396a(a)) is amended--
(1) in paragraph (69), by striking ``and'' at the end;
(2) in paragraph (70)(B)(iv), by striking the period at the
end and inserting ``; and''; and
(3) by inserting after paragraph (70), the following new
paragraph:
``(71) provide that--
``(A) the State will establish procedures to ensure that--
``(i) any provider of an item or service covered under the
plan that is furnished in or through an educational program
or setting complies with all Federal and State requirements
applicable to providers of such items or services under the
plan; and
``(ii) any educational entity that is engaged in the
provision of an activity described in paragraph (43) or any
other activity that is directly related to the administration
of the plan complies with all Federal and State requirements
applicable for payment for such activity; and
``(B) the State will not furnish medical assistance for an
item or service covered under the plan in or through an
educational program or setting, or undertake any activity
described in paragraph (43) or any other activity that is
directly related to the administration of the plan in or
through such a program or setting, unless the entity
responsible for providing the item or service, or undertaking
such an activity, in or through the educational program or
setting will be paid under the State plan for the costs
related to the furnishing of such item or service or the
undertaking of such activity.''.
(g) Uniform Methodology for Educational Program or Setting-
Based Claims.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Health and Human
Services and the Secretary of Education, acting jointly and
in consultation with State medicaid directors, State
educational agencies, local educational agencies, and State
agencies with responsibility for administering part C of the
Individuals with Disabilities Education Act, shall develop
and implement a uniform methodology for claims for payment of
medical assistance and related administrative costs furnished
under title XIX of the Social Security Act in an educational
program or setting.
(2) Requirements.--The methodology developed under
paragraph (1)--
(A) shall not prohibit or restrict payment for medical
assistance and administrative activities that are provided or
conducted in accordance with section 1903(c) of the Social
Security Act (42 U.S.C. 1396b(c)); and
(B) with respect to administrative costs, shall be based
on--
(i) standards related to time studies and population
estimates; and
(ii) a national standard for determining payment for such
costs.
(h) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act and
shall apply to items and services provided and expenditures
made on or after such date, without regard to whether
implementing regulations are in effect.
______
By Mr. MARTINEZ (for himself, Mrs. Feinstein, Mr. Nelson of
Florida, Mrs. Hutchison, Mr. Sessions, Mr. Bingaman, and Mr.
Cornyn):
S. 3706. A bill to amend the Internal Revenue Code of 1986 to treat
spaceports like airports under the exempt facility bond rules; to the
Committee on Finance.
Mr. MARTINEZ. Mr. President, today I rise with my colleagues,
Senators Feinstein, Nelson of Florida, Hutchison, and Bingaman, on the
37th anniversary of the lunar landing when American astronauts Neil
Armstrong and Edwin Aldrin set foot on the Moon, to introduce the
Spaceport Equity Act of 2006--a bill to help bring additional
investment to the space transportation industry.
On June 18th, the Washington Post reported on the launching of
Kazakhstan's first satellite and their catapult into the space
transportation industry. Home to the world's largest space center, the
Baikonur Consmodrome, this ex-Soviet state is joining the list of
rivals to the U.S. space industry. America's competitive edge is
declining and will continue to do so unless we act now. My colleagues
and I recognize this, and that is why we are introducing this most
important legislation.
U.S. satellite manufacturers face increasing pressure to consider the
use of foreign launch vehicles and launch sites, due to the lack of a
sufficient domestic launch capability. The United States once dominated
the commercial satellite-manufacturing field with an average market
share of 83 percent;
[[Page S8067]]
however, that market share has since declined to 50 percent. An even
smaller share of U.S.-manufactured satellites is actually launched from
U.S. spaceports. This comes at an estimated loss of $1.5 to $3.0
billion to the U.S. economy.
The space economy is made up infrastructure of manufacturers, service
providers, and technologists in both the Government and private sector
that deploy and operate launch vehicles, satellites, and space
platforms. Many everyday goods and services rely on space
infrastructure, including broadcast, cable, and satellite television,
global internet services, satellite radio, cellular and international
phone calls, etc.
Satellites are also used for global positioning systems, known as
GPS, which enable us to have hands-on directions in our cars and
vehicles. GPS is also influential in the trucking, aviation, and
maritime industries for day-to-day operations and for our Nation's
military operations. Thousands of gas stations use inexpensive small
satellite dishes to connect to credit card networks so customers can
pay instantly at the pump. Satellites also generate 90 percent of the
weather forecasting data in the United States and are used to track
hurricanes, tsunamis, and other weather phenomenon.
These satellites are launched vertically atop of rockets, propelling
them into orbit in space. Because most U.S. space-launch facilities are
operated by NASA, priority for launches at these facilities is given to
Government projects. This means our commercial satellite needs take a
back seat to Government operations. This often leaves U.S. commercial
satellite ventures without reliable launch availability. This in turn
has forced many companies seeking manufacturing and launch services
toward our international competitors.
Spaceports are subdivisions of State governments that provide
additional launch infrastructure than that available at Federal
facilities. They attract and promote the U.S. commercial space
transportation industry. Spaceport authorities function much like
airport and port authorities by providing economic and transportation
incentives to the industry, which in turn benefits the surrounding
communities. Many States are forming space authorities to pursue ways
of developing space transportation infrastructure.
The Florida Space Authority was the first such entity, which was
created as a subdivision of the Florida State government by Florida's
Governor and State legislature in 1989. Florida Space Authority is
focused on leading the State's space industry in new directions through
partnering with the commercial space industry to improve space
transportation and provide innovative, forward-thinking solutions to
the challenges facing this evolving industry.
The last few years have begun a new phase in space exploration.
Spaceports presently operate in Florida, California, Virginia, and
Alaska, but efforts are underway to establish 13 additional commercial
spaceports in Alabama, California, Montana, Nevada, Oklahoma, South
Dakota, Texas, Utah, Washington, and Wisconsin.
The commercial space transportation industry includes not only
spaceports themselves but also companies that develop the needed
infrastructure for testing and servicing launch vehicles. When
including these industry partners with spaceports, at least 23 States
are directly impacted by the commercial space transportation industry.
Both spaceports and industry partners face increasing pressure from
government-sponsored or subsidized competitors in Europe, China, Japan,
India, Australia, Russia, and now Kazakhstan.
Commercial space transportation is a growing part of the U.S.
economy. In 2004, this industry alone generated a total of nearly $98.1
billion dollars in economic activity, over $25 billion in earnings, and
over 550,000 jobs; and $56.5 billion, more than half of this economic
activity, was from satellite services. A 2004 Gallup poll shows
overwhelming public support for space exploration. Roughly 80 percent
of Americans agree that ``America's space program helps give America
the scientific and technological edge it needs to compete in the
international marketplace.'' And 76 percent agree that our space
program ``benefits the nation's economy'' and inspires ``students to
pursue careers in technical fields.''
The space industry has also led to a number of ``spin-off''
technologies--those influenced by space technology research and
development. Home roof insulation and air filtration, antilock brakes,
athletic shoes, vehicle protective airbags, cellular phones, and lasik
surgery all owe thanks to NASA and space-based research. The list of
space ``spin-off' technologies is estimated to exceed 40,000. These
related technologies have helped employ tens of millions of Americans.
Encouraging commercial investment in the space industry and increasing
U.S. marketshare in this industry will certainly lead to additional
innovation and technology that will impact other fields.
As you can see, this once government-dominated industry is now
becoming a diverse mix of government and commercial entities--also
leading way into future avenues of commercial space transportation,
such as space tourism.
The increase in recent commercial launches includes the debut of the
first commercial crewed suborbital launches of SpaceShipOne--leading
the way to public space travel. ``Space tourism,'' as public space
travel is now referred, has the potential to become a major growth
industry. Recent market studies have shown space tourism has the
potential to become a billion-dollar industry within 20 years.
Even though the average American may not be able to participate in
public space travel, its potential impact on our economy and
international competitiveness is something to be appreciated. Space
tourism industry players expect there to be a market demand of at least
15,000 Americans per year to travel into suborbit and orbital flights.
This would require an estimated 665 launches per year by 2010. If the
United States continues as is, we will only be able to capture 10
percent market share, at best, of this emerging industry. If needed
infrastructure is added, however, the United States is expected to pick
up 60 to 70 percent of space flight demand by 2010. Every launch that
we do not provide for in the United States means a loss to our economy
and a gain for our international competitors. The Federal Aviation
Administration's Commercial Space Transportation Division expects a $3
billion dollar loss to our economy if we do not meet the rising demand
for space tourism.
Currently, U.S. launch facilities are few and most are owned and
operated by the Federal Government, putting commercial users in direct
competition with the U.S. military, NASA, and other Government
entities, which get priority over commercial projects. If the United
States is to remain competitive in the commercial space industry, added
and improved infrastructure will be needed to support this growing
industry.
On a more local note, my own State of Florida could stand to gain
much by way of economic development from increased investment in
spaceport infrastructure. According to recent studies by the Florida
Space Authority, increase spaceport infrastructure and activity in
Florida could mean as much as $29.7 million in additional economic
activity by the year 2015--this does not include the economic activity
generated from impacted tourism, secondary contracts, and spinoff
technologies.
Other modes of transportation--highways, airports, and seaports--
currently enjoy a tax incentive for meeting their infrastructure needs,
so why not spaceports?
This Spaceport Equity Act of 2006 would provide spaceports with the
same treatment provided for airports, seaports, rail, and other transit
projects under the exempt facility bond rules. With international
competition on the rise, our Nation's spaceports are a vital component
of the infrastructure needed to expand and enhance the U.S. role in the
international space arena. The Spaceport Equity Act is an important
step to increasing our competitiveness in this field because it will
stimulate investment in expanding and modernizing our space launch
facilities and lower the costs of financing spaceport projects.
Since 1968, tax-exempt bonds have played a crucial role in meeting
airport investment needs, with 50 percent or more of major airport
projects being financed through municipal tax-exempt
[[Page S8068]]
bonds. By extending this favorable tax treatment to spaceports, this
bill will help meet spaceport needs and increase our Nation's ability
to compete with expanded international interests in space exploration
and technology. Similar legislation has been considered since the
1980s, and we cannot afford to wait any longer to address the needs of
this important sector.
This proposal does not provide direct Federal spending for our
commercial space transportation industry but, rather, creates the
conditions necessary to stimulate private capital investment in
industry infrastructure. By issuing tax-free bonds to finance spaceport
infrastructure, space authorities could provide site-specific and
vehicle-specific tailoring to promote the competition and innovation
necessary to maintain the U.S. competitive edge in the space
transportation industry.
This is an efficient means for achieving our space transportation
needs, and I urge my colleagues in the Senate to join us in this most
important effort by cosponsoring this bill.
Mr. President, I ask unanimous consent that the text of this bill be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 3706
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 ``Spaceport Equality Act of
2006''.
SEC. 2. SPACEPORTS TREATED LIKE AIRPORTS UNDER EXEMPT
FACILITY BOND RULES.
(a) In General.--Paragraph (1) of section 142(a) of the
Internal Revenue Code of 1986 (relating to exempt facility
bonds) is amended to read as follows:
``(1) airports and spaceports,''.
(b) Treatment of Ground Leases.--Paragraph (1) of section
142(b) of the Internal Revenue Code of 1986 (relating to
certain facilities must be governmentally owned) is amended
by adding at the end the following new subparagraph:
``(C) Special rule for spaceport ground leases.--For
purposes of subparagraph (A), spaceport property which is
located on land owned by the United States and which is used
by a governmental unit pursuant to a lease (as defined in
section 168(h)(7)) from the United States shall be treated as
owned by such unit if--
``(i) the lease term (within the meaning of section
168(i)(3)) is at least 15 years, and
``(ii) such unit would be treated as owning such property
if such lease term were equal to the useful life of such
property.''.
(c) Definition of Spaceport.--Section 142 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(n) Spaceport.--
``(1) In general.--For purposes of subsection (a)(1), the
term `spaceport' means--
``(A) any facility directly related and essential to
servicing spacecraft, enabling spacecraft to launch or
reenter, or transferring passengers or space cargo to or from
spacecraft, but only if such facility is located at, or in
close proximity to, the launch site or reentry site, and
``(B) any other functionally related and subordinate
facility at or adjacent to the launch site or reentry site at
which launch services or reentry services are provided,
including a launch control center, repair shop, maintenance
or overhaul facility, and rocket assembly facility.
``(2) Additional terms.--For purposes of paragraph (1)--
``(A) Space cargo.--The term `space cargo' includes
satellites, scientific experiments, other property
transported into space, and any other type of payload,
whether or not such property returns from space.
``(B) Spacecraft.--The term `spacecraft' means a launch
vehicle or a reentry vehicle.
``(C) Other terms.--The terms `launch', `launch site',
`launch services', `launch vehicle', `payload', `reenter',
`reentry services', `reentry site', and `reentry vehicle'
shall have the respective meanings given to such terms by
section 70102 of title 49, United States Code (as in effect
on the date of enactment of this subsection).''.
(d) Exception From Federally Guaranteed Bond Prohibition.--
Paragraph (3) of section 149(b) of the Internal Revenue Code
of 1986 (relating to exceptions) is amended by adding at the
end the following new subparagraph:
``(E) Exception for spaceports.--Paragraph (1) shall not
apply to any exempt facility bond issued as part of an issue
described in paragraph (1) of section 142(a) to provide a
spaceport in situations where--
``(i) the guarantee of the United States (or an agency or
instrumentality thereof) is the result of payment of rent,
user fees, or other charges by the United States (or any
agency or instrumentality thereof), and
``(ii) the payment of the rent, user fees, or other charges
is for, and conditioned upon, the use of the spaceport by the
United States (or any agency or instrumentality thereof).''.
(e) Conforming Amendment.--The heading for section 142(c)
of the Internal Revenue Code of 1986 is amended by inserting
``Spaceports,'' after ``Airports,''.
(f) Effective Date.--The amendments made by this section
shall apply to obligations issued after the date of the
enactment of this Act.
______
By Mr. KENNEDY:
S. 3710. A bill to amend the Elementary and Secondary Education Act
of 1965 to improve retention of public elementary and secondary school
teachers, and for other purposes; to the Committee on Health,
Education, Labor, and Pensions.
Mr. KENNEDY. Mr. President, today I am introducing the Teacher Center
Act of 2006, to help establish and fund teacher centers across the
Nation. Its goal is to provide more effective and relevant professional
development for teachers, and create a network of support for them to
share best practices, improve classroom training, and improve working
conditions in their schools. It's a privilege to join my distinguished
colleague, Congressman George Miller, who is introducing companion
legislation for teacher centers in the House of Representatives.
As research makes clear, good teachers are the single most important
factor in achieving the success of students, both academically and
developmentally. Students who receive good instruction can reach new
heights through the hard work, vision, and energy of their teachers.
Good teaching can also overcome the harmful effects of poverty and
other disadvantages on student learning.
In 2002, with the No Child Left Behind Act, we made a commitment to
put a first-rate teacher in every classroom to help all students
succeed in school and in life. But to reach that goal, we need to
recruit, train, retain, and support our teachers. Today, about half of
all teachers who enter the profession leave the classroom within five
years. That's an unacceptable loss--the 5-year mark is just the time
when teachers have mastered their work and are consistently able to
improve the education of their students.
Too often, teachers lack the training and support needed to do well
in the classroom. Eliminating this deficit can make all the difference
in their decision to remain in the profession. Teacher centers can help
see that teachers have the professional development, mentoring, and
support they need in order to succeed. Developing and expanding these
centers is an important step toward enriching teachers' lives,
enhancing their knowledge and skills, and encouraging them to stay in
the profession and succeed in the classroom.
The teacher centers model grew out of an innovative approach to
supporting the professional development of teachers in England. That
model enables teachers to become leaders and decision-makers in their
own professional growth and in the environments in which they work. It
enables them to collaboratively plan and implement staff development
and reform that can be shared with their colleagues, as a means for
reflection and improvement in their teaching practice.
Since the initial creation of teacher centers in the United States in
the late 1970s, we have seen how effective they can be in supporting
teachers, so that they can respond more effectively to student needs
and help them reach the high standards now required by the No Child
Left Behind Act.
Teacher centers offer valuable programs for educators when aligned
with State standards and school district curriculums. The centers
support new teachers during their first years in the profession, and
their peer-to-peer networks facilitate communication and collaboration
among teachers to improve instruction. The centers also help teachers
incorporate new research into their daily routines, and support the use
of technology and proven strategies to keep students engaged and help
them do well in school.
Most important, teacher centers are essential to the development of
teacher capability and leadership. The training provided is aimed at
building the capability of teachers to reach all of their students
through differentiated instruction--a goal central to the promise of
leaving no child behind. And by
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taking advantage of the support provided by teacher centers, educators
can have a more active role in their own professional growth and
eventually hold leadership positions in their schools and communities.
As we know, teachers are on the front lines in the Nation's schools
and in our efforts to improve public education. We cannot expect the
quality of our classrooms to improve without investing more in the
quality of our teachers. Teacher centers ensure that the nation's
educators have the time, resources, and support they need to work and
learn with one another.
I urge my colleagues to join in supporting this bill, and I ask
unanimous consent that the text of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3710
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 ``Teacher Center Act of
2006''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) There are not enough qualified teachers in the Nation's
classrooms, and an unprecedented number of teachers will
retire over the next 5 years. Over the next decade, the
Nation will need to bring 2,000,000 new teachers into public
schools.
(2) Too many teachers do not receive adequate preparation
for their jobs.
(3) More than one-third of children in grades 7 through 12
are taught by a teacher who lacks both a college major and
certification in the subject being taught. Rates of ``out-of-
field teaching'' are especially high in high-poverty schools.
(4) Teacher turnover is a serious problem, particularly in
urban and rural areas. Over one-third of new teachers leave
the profession within their first 3 years of teaching, and 14
percent of new teachers leave the field within the first
year. After 5 years--the average time it takes for teachers
to maximize students' learning--half of all new teachers will
have exited the profession. Rates of teacher attrition are
highest in high-poverty schools. Between 2000 and 2001, 1 out
of 5 teachers in the Nation's high-poverty schools either
left to teach in another school or dropped out of teaching
altogether.
(5) African-American, Latino, and low-income students are
much less likely than other students to have highly-qualified
teachers.
(6) Research shows that individual teachers have a great
impact on how well their students learn. The most effective
teachers have been shown to be able to boost their pupils'
learning by a full grade level relative to students taught by
less effective teachers.
(7) Only 16 States finance new teacher induction programs,
and fewer still require inductees to be matched with mentors
who teach the same subject.
(8) Large-scale studies of effective professional
development have documented that student achievement and
teacher learning increases when professional development is
teacher-led, ongoing, and collaborative.
(9) Research shows that the characteristics of successful
professional development include a focus on concrete
classroom applications and practice, and opportunities for
teacher observation, critique, reflection, group support, and
collaboration.
(10) Data on school reform shows that teachers are
attracted to and continue to teach in academically challenged
schools when appropriate supports are in place to help them
succeed. Appropriate supports include high-quality induction
programs, job-embedded professional development, and small
classes which allow teachers to tailor instruction to meet
the needs of individual students.
SEC. 3. IMPROVING RETENTION OF AND PROFESSIONAL DEVELOPMENT
FOR PUBLIC ELEMENTARY AND SECONDARY SCHOOL
TEACHERS.
(a) In General.--Title II of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by
adding at the end the following:
``PART E--TEACHER RETENTION
``SEC. 2501. IMPROVING PROFESSIONAL DEVELOPMENT OPPORTUNITIES
THROUGH TEACHER CENTERS.
``(a) Grants.--The Secretary may make grants to eligible
entities for the establishment and operation of new teacher
centers or the support of existing teacher centers.
``(b) Special Consideration.--In making grants under this
section, the Secretary shall give special consideration to
any application submitted by an eligible entity that is--
``(1) a high-need local educational agency; or
``(2) a consortium that includes at least one high-need
local educational agency.
``(c) Duration.--Each grant under this section shall be for
a period of 3 years.
``(d) Required Activities.--A teacher center receiving
assistance under this section shall carry out each of the
following activities:
``(1) Providing high-quality professional development to
teachers to assist the teachers in improving their knowledge,
skills, and teaching practices in order to help students to
improve the students' achievement and meet State academic
standards.
``(2) Providing teachers with information on developments
in curricula, assessments, and educational research,
including the manner in which the research and data can be
used to improve teaching skills and practice.
``(3) Providing training and support for new teachers.
``(e) Permissible Activities.--A teacher center may use
assistance under this section for any of the following:
``(1) Assessing the professional development needs of the
teachers and other instructional school employees, such as
librarians, counselors, and paraprofessionals, to be served
by the center.
``(2) Providing intensive support to staff to improve
instruction in literacy, mathematics, science, and other
curricular areas necessary to provide a well-rounded
education to students.
``(3) Providing support to mentors working with new
teachers.
``(4) Providing training in effective instructional
services and classroom management strategies for mainstream
teachers serving students with disabilities and students with
limited English proficiency.
``(5) Enabling teachers to engage in study groups and other
collaborative activities and collegial interactions regarding
instruction.
``(6) Paying for release time and substitute teachers in
order to enable teachers to participate in the activities of
the teacher center.
``(7) Creating libraries of professional materials and
educational technology.
``(8) Providing high-quality professional development for
other instructional staff, such as paraprofessionals,
librarians, and counselors.
``(9) Assisting teachers to become highly qualified and
paraprofessionals to become teachers.
``(10) Assisting paraprofessionals to meet the requirements
of section 1119.
``(11) Developing curricula.
``(12) Incorporating additional on-line professional
development resources for participants.
``(13) Providing funding for individual- or group-initiated
classroom projects.
``(14) Developing partnerships with businesses and
community-based organizations.
``(15) Establishing a teacher center site.
``(f) Teacher Center Policy Board.--
``(1) In general.--A teacher center receiving assistance
under this section shall be operated under the supervision of
a teacher center policy board.
``(2) Membership.--
``(A) Teacher representatives.--The majority of the members
of a teacher center policy board shall be representatives of,
and selected by, the elementary and secondary school teachers
to be served by the teacher center. Such representatives
shall be selected through the teacher organization, or if
there is no teacher organization, by the teachers directly.
``(B) Other representatives.--The members of a teacher
center policy board--
``(i) shall include at least 2 members who are
representatives of, or designated by, the school board of the
local educational agency to be served by the teacher center;
``(ii) shall include at least 1 member who is a
representative of, and is designated by, the institutions of
higher education (with departments or schools of education)
located in the area; and
``(iii) may include paraprofessionals.
``(g) Application.--
``(1) In general.--To seek a grant under this section, an
eligible entity shall submit an application at such time, in
such manner, and accompanied by such information as the
Secretary may reasonably require.
``(2) Assurance of compliance.--An application under
paragraph (1) shall include an assurance that the eligible
entity will require any teacher center receiving assistance
through the grant to comply with the requirements of this
section.
``(3) Teacher center policy board.--An application under
paragraph (1) shall include the following:
``(A) An assurance that--
``(i) the eligible entity has established a teacher center
policy board;
``(ii) the board participated fully in the preparation of
the application; and
``(iii) the board approved the application as submitted.
``(B) A description of the membership of the board and the
method of selection of the membership.
``(h) Definitions.--In this section:
``(1) The term `eligible entity' means a local educational
agency or a consortium of 2 or more local educational
agencies.
``(2) The term `high-need' means, with respect to an
elementary school or a secondary school, a school--
``(A) that serves an eligible school attendance area (as
defined in section 1113) in which not less than 65 percent of
the children are from low-income families, based on the
number of children eligible for free and reduced priced
lunches under the Richard B. Russell National School Lunch
Act; or
``(B) in which not less than 65 percent of the children
enrolled are from such families.
``(3) The term `high-need local educational agency' means a
local educational agency--
``(A) that serves not fewer than 10,000 children from
families with incomes below the poverty line, or for which
not less than 20 percent of the children served by the agency
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are from families with incomes below the poverty line; and
``(B) that is having or expected to have difficulty filling
teacher vacancies or hiring new teachers who are highly
qualified.
``(4) The term `teacher center policy board' means a
teacher center policy board described in subsection (f).
``(i) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated $100,000,000
for fiscal year 2007 and such sums as may be necessary for
each of the 5 succeeding fiscal years.''.
(b) Conforming Amendment.--The table of contents at section
2 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) is amended by inserting after the item
relating to section 2441 of such Act the following new items:
``Part E--Teacher Retention
``Sec. 2501. Improving professional development opportunities.''.
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