[Congressional Record Volume 153, Number 79 (Monday, May 14, 2007)]
[Senate]
[Pages S6057-S6071]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. BINGAMAN (for himself and Mr. Thune):
S. 1376. A bill to amend the Public Health Service Act to revise and
expand the drug discount program under section 340B of such Act to
improve the provision of discounts on drug purchases for certain safety
net providers; to the Committee on Health, Education, Labor, and
Pensions.
Mr. BINGAMAN. Mr. President, I rise today to introduce legislation
with my colleague from South Dakota, Senator Thune, designed to address
the growing burden faced by this Nation's health care safety net
institutions in being able to provide adequate pharmaceutical care to
the most vulnerable patient populations.
Communities across the country rely on public and nonprofit hospitals
to serve as the health care ``safety net'' for low-income, uninsured,
and underinsured patients. With the ever-increasing cost of
pharmaceuticals, these institutions are struggling more and more to
provide basic pharmaceutical care to those least able to afford it.
Fortunately, many safety net hospitals are currently able to
participate in the Federal 340B Drug Discount Program, which enables
them to purchase outpatient drugs for their patients at discounted
prices. These hospitals, known as ``covered entities'' under the 340B
statute, include high-Medicaid disproportionate share hospitals, DSH,
large and small urban hospitals, and certain rural hospitals.
I am introducing legislation today, the 340B Program Improvement and
Integrity Act of 2007, which would extend discounted drug prices
currently mandated only for outpatient drugs to inpatient drugs
purchased by covered entities under the 340B program. Although the
Medicare Modernization Act, MMA, of 2003 permitted pharmaceutical
manufacturers to offer 340B drug discounts to covered entities, this
legislation did not include a mandate. Without a mandate we have seen
very little willingness on the part of manufactures to offer 340B drug
discounts for inpatient drugs. As the prices of pharmaceutical drugs
continue to increase sharply, the need for these inpatient discounts
grows more and more acute.
My legislation would also expand participation in the program to a
subset of rural hospitals that, for a variety of reasons, cannot
currently access 340B discounts. These newly eligible rural hospitals
include critical access hospitals, sole community hospitals, and rural
referral centers. In proposing this modest expansion to the program, we
have struck an important balance between ensuring a close nexus with
low-income and indigent care, ensured that a significant portion of
savings is passed on to the Medicaid Program, and strengthened the
integrity of the program.
Specifically, newly eligible rural hospitals would have to meet
appropriate standards demonstrating their ``safety net'' status, as do
all hospitals that currently participate in the program. For example,
sole community hospitals and rural referral centers, all of which are
paid under the prospective payment system, would be required under this
legislation to serve a significant percentage of low-income and
indigent patients, have public or nonprofit status, and, if privately
owned and operated, to have a contract with State or local government
to provide a significant level of indigent care. All standards are
designed to reinforce the obligation of these covered entities to
continue serving low-income and uninsured patients.
This legislation would also generate savings for the Medicaid Program
by requiring participating hospitals to credit to their Medicaid
agencies a significant percentage of their savings on inpatient drugs.
It would address the overall efficiency and integrity of the 340B
program through improved enforcement and compliance measures with
respect to manufacturers and covered entities. This is designed to
improve program administration and to prevent and remedy instances of
program abuse.
In the end, this legislation would accomplish several important
goals. It would help safety net providers stretch their already limited
resources through increased access to discounted pharmaceuticals; it
would enhance 340B program integrity by making sure participants are
complying with program rules; and it would help to improve the care
provided to this Nation's most vulnerable populations.
I urge my colleagues to cosponsor this important legislation.
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. 1376
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 ``340B Program Improvement and
Integrity Act of 2007''.
SEC. 2. EXPANDED PARTICIPATION IN SECTION 340B PROGRAM.
(a) Expansion of Covered Entities Receiving Discounted
Prices.--Section 340B(a)(4) of the Public Health Service Act
(42 U.S.C. 256b(a)(4)) is amended by adding at the end the
following:
``(M) A children's hospital excluded from the Medicare
prospective payment system pursuant to section
1886(d)(1)(B)(iii) of the Social Security Act which would
meet the requirements of subparagraph (L), including the
disproportionate share adjustment percentage requirement
under clause (ii) of such subparagraph, if the hospital were
a subsection (d) hospital as defined by section 1886(d)(1)(B)
of the Social Security Act.
``(N) An entity that is a critical access hospital (as
determined under section 1820(c)(2) of the Social Security
Act), and that meets the requirements of subparagraph (L)(i).
``(O) An entity that is a rural referral center, as defined
by section 1886(d)(5)(C)(i) of the Social Security Act, or a
sole community hospital, as defined by section
1886(d)(5)(C)(iii) of such Act, and that both meets the
requirements of subparagraph (L)(i) and has a
disproportionate share adjustment percentage equal to or
greater than 8 percent.''.
(b) Prohibition on Group Purchasing Arrangements.--Section
340B(a) of the Public Health Service Act (42 U.S.C. 256b(a))
is amended--
(1) in paragraph (4)(L), by striking clause (iii); and
(2) in paragraph (5)--
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E); respectively; and
(B) by inserting after subparagraph (B), the following:
``(C) Prohibiting the use of group purchasing
arrangements.--
``(i) In general.--A hospital described in subparagraphs
(L), (M), (N), or (O) of paragraph (4) shall not obtain
covered outpatient drugs through a group purchasing
organization or other group purchasing arrangement, except as
permitted or provided for pursuant to clauses (ii) or (iii).
``(ii) Inpatient drugs.--Clause (i) shall not apply to
drugs purchased for inpatient use.
``(iii) Exceptions.--The Secretary shall establish
reasonable exceptions to clause (i)--
[[Page S6058]]
``(I) with respect to a covered outpatient drug that is
unavailable to be purchased through the program under this
section due to a drug shortage problem, manufacturer
noncompliance, or any other circumstance beyond the
hospital's control;
``(II) to facilitate generic substitution when a generic
covered outpatient drug is available at a lower price; or
``(III) to reduce in other ways the administrative burdens
of managing both inventories of drugs subject to this section
and inventories of drugs that are not subject to this
section, so long as the exceptions do not create a duplicate
discount problem in violation of subparagraph (A) or a
diversion problem in violation of subparagraph (B).''.
SEC. 3. EXTENSION OF DISCOUNTS TO INPATIENT DRUGS.
(a) Definitions.--
(1) In general.--Section 340B(b) of the Public Health
Service Act (42 U.S.C. 256b(b)) is amended--
(A) by striking ``In this section'' and inserting the
following:
``(1) In general.--In this section''; and
(B) adding at the end the following:
``(2) Covered drug.--In this section, the term `covered
drug' means--
``(A) a `covered outpatient drug' as defined in section
1927(k)(2) of the Social Security Act; and
``(B) notwithstanding the limiting definition set forth in
section 1927(k)(3) of such Act, a drug used in connection
with an inpatient or outpatient service provided by a
hospital described in subparagraph (L), (M), (N), or (O) of
subsection (a)(4), and enrolled to participate in the drug
discount program under this section.''.
(2) Conforming amendments.--Paragraphs (2)(A), (5)(B),
(5)(D), (5)(E), (7)(B), (7)(C), and (9) of section 340B(a) of
the Public Health Service Act (42 U.S.C. 256b(a)) are
amended--
(A) by striking ``covered outpatient drug'' each place that
such appears and inserting ``covered drug''; and
(B) by striking ``covered outpatient drugs'' each place
that such appears and inserting ``covered drugs''.
(b) Medicaid Credits on Inpatient Drugs.--Section 340B of
the Public Health Service Act (42 U.S.C. 256b) is amended by
striking subsection (c) and inserting the following:
``(c) Medicaid Credits on Inpatient Drugs.--
``(1) In general.--With respect to the cost reporting
period covered by the most recently filed Medicare cost
report, a hospital described in subparagraph (L), (M), (N),
or (O) of subsection (a)(4) and enrolled to participate in
the drug discount program under this section shall provide to
each State with an approved State plan under title XIX of the
Social Security Act--
``(A) a credit on the estimated annual costs to such
hospital of single source and innovator multiple source drugs
provided to Medicaid recipients for inpatient use; and
``(B) a credit on the estimated annual costs to such
hospital of noninnovator multiple source drugs provided to
Medicaid recipients for inpatient use.
``(2) Calculation of credits.--
``(A) Single source and innovator multiple source drugs.--
For purposes of paragraph (1)(A)--
``(i) the credit under such paragraph shall be determined
by multiplying--
``(I) the product of--
``(aa) the estimated annual costs of single source and
innovator multiple source drugs provided by the hospital to
Medicaid recipients for inpatient use; and
``(bb) the average manufacturer price adjustment; and
``(II) the minimum rebate percentage described in section
1927(c)(1)(B) of the Social Security Act;
``(ii) the estimated annual costs of single source drugs
and innovator multiple source drugs provided by the hospital
to Medicaid recipients for inpatient use under clause
(i)(I)(aa) shall be determined by multiplying--
``(I) the product of--
``(aa) the hospital's actual acquisition costs of all drugs
purchased during the cost reporting period for inpatient use;
and
``(bb)(AA) the Medicaid inpatient drug charges as reported
on the hospital's most recently filed Medicare cost report;
divided by
``(BB) the total inpatient drug charges reported on the
cost report; and
``(II) the percentage of the hospital's annual inpatient
drug costs described in subclause (I) that arise out of the
purchase of single source and innovator multiple source
drugs;
``(iii) the average manufacturer price adjustment referred
to in clause (i)(I)(bb) shall be determined annually by the
Secretary for single source and innovator multiple source
drugs by dividing on an aggregate basis--
``(I) the average manufacturer price as defined in section
1927(k)(1)(D) of the Social Security Act, averaged across all
covered drugs reported to the Secretary pursuant to section
1927(b)(3) of such Act; by
``(II) the average ceiling price under this section for
covered drugs calculated pursuant to subsection (a)(1); and
``(iv) the terms `single source drug' and `innovator
multiple source drug' have the meanings given such terms in
section 1927(k)(7) of the Social Security Act.
``(B) Noninnovator multiple source drugs.--For purposes of
subparagraph (1)(B)--
``(i) the credit under such paragraph shall be calculated
by multiplying--
``(I) the product of--
``(aa) the estimated annual costs to the hospital of
noninnovator multiple source drugs provided to Medicaid
recipients for inpatient use; and
``(bb) the average manufacturer price adjustment; and
``(II) the applicable percentage as defined in section
1927(c)(3)(B) of the Social Security Act;
``(ii) the estimated annual costs to a hospital of
noninnovator multiple source drugs provided to Medicaid
recipients for inpatient use under clause (i)(I)(aa) shall be
determined by multiplying--
``(I) the product of--
``(aa) the hospital's actual acquisition cost of all drugs
purchased during the cost reporting period for inpatient use;
and
``(bb)(AA) the Medicaid inpatient drug charges as reported
on the hospital's most recently filed Medicare cost report;
divided by
``(BB) total inpatient drug charges reported on the cost
report; and
``(II) the percentage of the hospital's annual inpatient
drug costs described in subclause (I) arising out of the
purchase of noninnovator multiple source drugs;
``(iii) the average manufacturer price adjustment referred
to in clause (i)(I)(bb) shall be determined annually by the
Secretary for noninnovator multiple source drugs by dividing
on an aggregate basis--
``(I) the average manufacturer price as defined in section
1927(k)(1)(D) of the Social Security Act, averaged across all
covered drugs reported to the Secretary pursuant to section
1927(b)(3) of such Act; by
``(II) the average ceiling price under this section for
covered drugs calculated pursuant to subsection (a)(1); and
``(iv) the term `noninnovator multiple source drug' has the
meaning given such term in section 1927(k)(7) of the Social
Security Act.
``(3) Payment deadline.--The credits provided by a hospital
under paragraph (1) shall be paid not later than 90 days
after the date of the filing of the hospital's most recently
filed Medicare cost report.
``(4) Opt-out.--A hospital shall not be required to provide
the Medicaid credit required under this subsection if the
hospital is able to demonstrate to the State that the credits
would be less than or equal to the loss of reimbursement
under the State plan resulting from the extension of
discounts to inpatient drugs under subsection (b)(2), or if
the hospital and State agree to an alternative arrangement.
Any dispute between the hospital and the State regarding the
applicability of this paragraph shall be adjudicated through
the administrative dispute resolution process described in
subsection (e)(3).
``(5) Offset against medical assistance.--Amounts received
by a State under this subsection in any quarter shall be
considered to be a reduction in the amount expended under the
State plan in the quarter for medical assistance for purposes
of section 1903(a)(1) of the Social Security Act.
``(6) Effectiveness notwithstanding other provisions of
law.--Notwithstanding any other provision of law, all
references to provisions of the Social Security Act in this
section shall be deemed to be references to the Social
Security Act as in effect on the date of enactment of the
340B Program Improvement and Integrity Act of 2007.''.
SEC. 4. IMPROVEMENTS TO 340B PROGRAM INTEGRITY.
(a) Integrity Improvements.--Section 340B of the Public
Health Service Act (42 U.S.C. 256b) is amended by adding at
the end the following:
``(e) Improvements in Program Integrity.--
``(1) Manufacturer compliance.--
``(A) In general.--From amounts appropriated under
paragraph (4), the Secretary shall carry out activities to
provide for improvement in the compliance of manufacturers
with the requirements of this section in order to prevent
overcharges and other violations of the discounted pricing
requirements specified in this section.
``(B) Activities.--The activities described in subparagraph
(A) shall include the following:
``(i) The development of a system to enable the Secretary
to verify the accuracy of ceiling prices calculated by
manufacturers under subsection (a)(1) and charged to covered
entities, which shall include--
``(I) developing and publishing, through an appropriate
policy or regulatory issuance, precisely defined standards
and methodologies for the calculation of ceiling prices under
subsection (a)(1);
``(II) comparing regularly the ceiling prices calculated by
the Secretary with the quarterly pricing data that is
reported by manufacturers to the Secretary;
``(III) performing spot checks of sales transactions by
covered entities; and
``(IV) inquiring into the cause of any pricing
discrepancies that may be identified and either taking, or
requiring manufacturers to take, such corrective action as is
appropriate in response to such price discrepancies.
``(ii) The establishment of procedures for manufacturers to
issue refunds to covered entities in the event that there is
an overcharge by the manufacturers, including--
``(I) providing the Secretary with an explanation of why
and how the overcharge occurred, how the refunds will be
calculated, and to whom the refunds will be issued; and
[[Page S6059]]
``(II) oversight by the Secretary to ensure that the
refunds are issued accurately and within a reasonable period
of time, both in routine instances of retroactive adjustment
to relevant pricing data and exceptional circumstances such
as erroneous or intentional overcharging for covered drugs.
``(iii) The provision of access, through the Internet
website of the Department of Health and Human Services, to
the applicable ceiling prices for covered drugs as calculated
and verified by the Secretary in accordance with this
section, in a manner (such as through the use of password
protection) that limits such access to covered entities and
adequately ensures security and the protection of privileged
pricing data from unauthorized redisclosure.
``(iv) The development of a mechanism by which--
``(I) rebates and other discounts provided by manufacturers
to other purchasers, subsequent to the sale of covered drugs
to covered entities, are reported to the Secretary; and
``(II) appropriate credits and refunds are issued to
covered entities if such credits and refunds have the effect
of lowering the applicable ceiling price for the relevant
quarter for the drugs involved.
``(v) Selective auditing of manufacturers and wholesalers
to ensure the integrity of the drug discount program under
this section.
``(vi) The imposition of sanctions in the form of civil
monetary penalties, which--
``(I) shall be assessed according to standards established
in regulations to be promulgated by the Secretary within 180
days of the date of enactment of this subsection;
``(II) shall not exceed $5,000 for each instance of
overcharging a covered entity that may have occurred; and
``(III) shall apply to any manufacturer with an agreement
under this section that knowingly and intentionally charges a
covered entity a price for the purchase of a drug that
exceeds the maximum applicable price under subsection (a)(1).
``(2) Covered entity compliance.--
``(A) In general.--From amounts appropriated under
paragraph (4), the Secretary shall carry out activities to
provide for improvement in compliance by covered entities
with the requirements of this section in order to prevent
diversion and other violations of the duplicate discount
requirements specified under subsection (a)(5).
``(B) Activities.--The activities described in subparagraph
(A) shall include the following:
``(i) The development of procedures to enable and require
covered entities to regularly update (at least annually) the
information on the Internet website of the Department of
Health and Human Services relating to this section.
``(ii) The development of a system for the Secretary to
verify the accuracy of information regarding covered entities
that is listed on the website described in clause (i).
``(iii) The development of more detailed guidance
describing methodologies and options available to covered
entities for billing covered drugs to State Medicaid agencies
in a manner that avoids duplicate discounts pursuant to
subsection (a)(5)(A).
``(iv) The establishment of a single, universal, and
standardized identification system by which each covered
entity site can be identified by manufacturers, distributors,
covered entities and the Secretary for purposes of
facilitating the ordering, purchasing, and delivery of
covered drugs under this section, including the processing of
chargebacks for such drugs.
``(v) The imposition of sanctions, as determined
appropriate by the Secretary, in addition to the sanctions to
which covered entities are subject to under subsection
(a)(5)(D), through 1 or more of the following actions:
``(I) Where a covered entity knowingly and intentionally
violates subsection (a)(5)(B), the covered entity shall be
required to pay a monetary penalty to a manufacturer or
manufacturers in the form of interest on sums for which the
covered entity is found liable under subsection (a)(5)(E),
and such interest to be compounded monthly and equal to the
current short-term interest rate as determined by the Federal
Reserve for the time period for which the covered entity is
liable.
``(II) Where the Secretary determines that a violation of
subsection (a)(5)(B) was systematic and egregious as well as
knowing and intentional, removing the covered entity from the
program under this section and disqualifying the entity from
reentry into the program for a reasonable period of time to
be determined by the Secretary.
``(III) Referring matters to appropriate Federal
authorities within the Food and Drug Administration, the
Office of Inspector General, or other Federal agencies for
consideration of appropriate action under other Federal law,
such as the Prescription Drug Marketing Act.
``(3) Administrative dispute resolution process.--
``(A) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary shall
promulgate regulations to establish and implement an
administrative process for the resolution of claims by
covered entities that they have been overcharged for drugs
purchased under this section, and claims by manufacturers,
after the conduct of audits as authorized by subsection
(a)(5)(D), of violations of subsections (a)(5)(A) or
(a)(5)(B), including appropriate procedures for the provision
of remedies and enforcement of determinations made pursuant
to such process through mechanisms and sanctions described in
paragraphs (1)(B) and (2)(B) of this subsection. Such
regulations shall also establish an administrative process
for resolution of disputes described in subsection (c)(4).
``(B) Deadlines and procedures.--Regulations promulgated by
the Secretary under subparagraph (A) shall--
``(i) designate or establish a decisionmaking official or
decisionmaking body within the Department of Health and Human
Services to be responsible for reviewing and finally
resolving claims by covered entities that they have been
charged prices for covered drugs in excess of the ceiling
price described in subsection (a)(1), and claims by
manufacturers that violations of subsection (a)(5)(A) or
(a)(5)(B) have occurred;
``(ii) establish such deadlines and procedures as may be
necessary to ensure that claims shall be resolved fairly,
efficiently, and expeditiously;
``(iii) establish procedures by which a covered entity may
discover and obtain such information and documents from
manufacturers and third parties as may be relevant to
demonstrate the merits of a claim that charges for a
manufacturer's product have exceeded the applicable ceiling
price under this section, and may submit such documents and
information to the administrative official or body
responsible for adjudicating such claim;
``(iv) require that a manufacturer must conduct an audit of
a covered entity pursuant to subsection (a)(5)(D) as a
prerequisite to initiating administrative dispute resolution
proceedings against a covered entity;
``(v) permit the official or body designated in clause (i),
at the request of a manufacturer or manufacturers, to
consolidate claims brought by more than 1 manufacturer
against the same covered entity where, in the judgment of
such official or body, consolidation is appropriate and
consistent with the goals of fairness and economy of
resources; and
``(vi) include provisions and procedures to permit multiple
covered entities to jointly assert claims of overcharges by
the same manufacturer for the same drug or drugs in one
administrative proceeding, and permit such claims to be
asserted on behalf of covered entities by associations or
organizations representing the interests of such covered
entities and of which the covered entities are members.
``(C) Finality of administrative resolution.--The
administrative resolution of a claim or claims under the
regulations promulgated under subparagraph (A) shall be a
final agency decision and shall be binding upon the parties
involved, unless invalidated by an order of a court of
competent jurisdiction.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
such sums as may be necessary for fiscal year 2008, and each
succeeding fiscal year.''.
(b) Related Amendments.--Section 340B(a)(1) of the Public
Health Service Act (42 U.S.C. 256b(a)) is amended by adding
at the end the following: ``Each such agreement shall require
that the manufacturer furnish the Secretary with reports, on
a quarterly basis, of the price for each covered drug subject
to the agreement that, according to the manufacturer,
represents the maximum price that covered entities may
permissibly be required to pay for the drug (referred to in
this section as the `ceiling price'), and shall require that
the manufacturer offer each covered entity covered drugs for
purchase at or below the applicable ceiling price if such
drug is made available to any other purchaser at any
price.''.
SEC. 5. OTHER IMPROVEMENTS.
(a) General.--Section 340B of the Public Health Service Act
(42 U.S.C. 256b), as amended by section 4, is further amended
by adding at the end the following:
``(f) Use of Multiple Contract Pharmacies Permitted.--
Nothing in this section shall be construed as prohibiting a
covered entity from entering into contracts with more than 1
pharmacy for the provision of covered drugs, including a
contract that supplements the use of an in-house pharmacy
arrangement or requires the approval of the Secretary for
entering into such a contract.
``(g) Intraagency Coordination.--The Secretary shall
establish specific measures, policies, and procedures to
ensure effective communication and coordination between the
Centers for Medicare & Medicaid Services and the Health
Resources and Services Administration with respect to all
agency actions and all aspects of policy and administration
affecting or pertaining to the drug discount program under
this section and in which the functions and responsibilities
of those agency components are interrelated or
interdependent, including through the establishment of a
permanent working group that is composed of representatives
of both the Health Resources and Services Administration and
the Centers for Medicare & Medicaid Services, to identify and
oversee matters requiring such coordination.''.
(b) Effective Dates.--
(1) Amendment.--Section 340B(d) of the Public Health
Service Act (42 U.S.C. 256b(d)) is amended by striking
``Veterans Health Care Act of 1992'' and inserting ``340B
Program Improvement and Integrity Act of 2007''.
(2) Application of act.--The amendments made by this Act
shall apply to drugs purchased on or after January 1, 2008.
(c) Effectiveness Notwithstanding Other Provisions of
Law.--Notwithstanding any other provision of law, the
[[Page S6060]]
amendments made by this Act shall become effective on January
1, 2008, and shall be taken into account in determining
whether a manufacturer is deemed to meet the requirements of
section 340B(a) of the Public Health Service Act (42 U.S.C.
256b(a)), and the requirements of section 1927(a)(5) of the
Social Security Act (42 U.S.C. 1396r-8(a)(5)).
SEC. 6. CONFORMING AMENDMENTS.
Section 1927 of the Social Security Act (42 U.S.C. 1396r-8)
is amended--
(1) in subsection (a)(5)--
(A) in subparagraph (A), by striking ``covered outpatient''
and inserting ``covered'';
(B) by redesignating subparagraphs (C) through (E), as
subparagraphs (D) through (F), respectively;
(C) by inserting after subparagraph (B) the following:
``(C) Covered drug defined.--In this subsection, the term
`covered drug' means a drug defined in section 340B(b)(2) of
the Public Health Service Act.'';
(D) in subparagraph (E), as so redesignated, by striking
``title VI of the Veterans Health Care Act of 1992'' and
inserting ``340B Program Improvement and Integrity Act of
2007.''; and
(E) in subparagraph (F), as so redesignated--
(i) by striking ``as in effect immediately after the
enactment of this paragraph'' and inserting ``as in effect
upon the effective date of the 340B Program Improvement and
Integrity Act of 2007,''; and
(ii) by striking ``after the date of the enactment of this
paragraph'' and inserting ``after the date of enactment of
such Act.'';
(2) in subsection (c)(1)(C)(i)--
(A) by redesignating subclauses (II) through (IV) as
subclauses (III) through (V), respectively; and
(B) by inserting after subclause (I) the following:
``(II) any prices charged for a covered drug as defined in
section 340B(b)(2) of the Public Health Service Act;''; and
(3) in subsection (k)(1), by adding at the end the
following:
``(D) Calculation for covered drugs.--Notwithstanding any
other provision of this subsection, with respect to a covered
drug as defined in section 340B(b)(2) of the Public Health
Service Act, average manufacturer price means the average
price paid to the manufacturer for the drug in the United
States by wholesalers for drugs distributed to both the
retail pharmacy and acute care classes of trade, after
deducting customary prompt pay discounts.''.
______
By Mr. REID (for himself and Mr. Ensign):
S. 1377. A bill to direct the Secretary of the Interior to convey to
the City of Henderson, Nevada, certain Federal land located in the
City, and for other purposes; to the Committee on Energy and Natural
Resources.
Mr. REID. Mr. President, I rise today for myself and Senator Ensign
to introduce the Southern Nevada Limited Transition Area Act. This bill
will allow one of Nevada's fastest growing communities to diversify its
economy, to create space for important small businesses and parks, and
to encourage appropriate development around an urban airport.
This legislation was first introduced in the 108th Congress. Its
purpose is to convey approximately 502 acres of land from the Bureau of
Land Management to the city of Henderson, NV, for the development of an
employment and business center and urban green spaces. The parcels are
located just west and south of the Henderson Executive Airport.
The Bureau of Land Management has designated these parcels for
disposal because of the urban surroundings, which renders them
difficult for the agency to manage.
This legislation will enhance the ability of a rapidly growing
community to diversify its economy, gainfully employ its residents, and
encourage proper land use. The parcels are located in a fast growing
area of the city, but are impacted by aircraft noise and overflights
from the nearby Henderson Executive Airport. This makes the property
unsuitable for residential use. But rather than shying away from it
because of the limitations on its use, the city of Henderson has put
together a forward-looking plan that will turn the area into a bustling
business center.
Once the Bureau of Land Management conveys the land to Henderson, the
city would then sell, lease or otherwise convey subdivided lots at fair
market value. Consistent with the Southern Nevada Public Land
Management Act, 85 percent of the proceeds would then return to the
BLM's Special Account for a variety of conservation purposes in Nevada,
10 percent will go towards community water developments, and 5 percent
will support the State of Nevada's general education program.
The city of Henderson's leaders are dedicated to making the city a
national model of logical development, diversified employment, and
fiscal sustainability. This bill helps establish the conditions needed
to realize that vision. In addition to productively diversifying the
land use pattern in the Las Vegas Valley, the proposed development of
this land will encourage a broad range of employment opportunities for
the region, while also helping to pay for public infrastructure in
nearby residential areas.
I greatly appreciated the hearing that the Energy and Natural
Resources Committee had on this bill last Congress. At that hearing,
the Department of the Interior and others expressed strong support for
our legislation. A few minor revisions were requested by the
administration, and I have incorporated those changes into the bill we
are introducing today. I look forward to working with the committee to
move this legislation in an expeditious manner during this Congress.
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. 1377
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 ``Southern Nevada Limited
Transition Area Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means the City of Henderson,
Nevada.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Nevada.
(4) Transition area.--The term ``Transition Area'' means
the approximately 502 acres of Federal land located in
Henderson, Nevada, and identified as ``Limited Transition
Area'' on the map entitled ``Southern Nevada Limited
Transition Area Act'' and dated March 20, 2006.
SEC. 3. SOUTHERN NEVADA LIMITED TRANSITION AREA.
(a) Conveyance.--Notwithstanding the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.), on
request of the City, the Secretary shall, without
consideration and subject to all valid existing rights,
convey to the City all right, title, and interest of the
United States in and to the Transition Area.
(b) Use of Land for Nonresidential Development.--
(1) In general.--After the conveyance to the City under
subsection (a), the City may sell, lease, or otherwise convey
any portion or portions of the Transition Area for purposes
of nonresidential development.
(2) Method of sale.--
(A) In general.--The sale, lease, or conveyance of land
under paragraph (1) shall be through a competitive bidding
process.
(B) Fair market value.--Any land sold, leased, or otherwise
conveyed under paragraph (1) shall be for not less than fair
market value.
(3) Compliance with charter.--Except as provided in
paragraphs (2) and (4), the City may sell, lease, or
otherwise convey parcels within the Transition Area only in
accordance with the procedures for conveyances established in
the City Charter.
(4) Disposition of proceeds.--The gross proceeds from the
sale of land under paragraph (1) shall be distributed in
accordance with section 4(e) of the Southern Nevada Public
Land Management Act of 1998 (112 Stat. 2345).
(c) Use of Land for Recreation or Other Public Purposes.--
The City may elect to retain parcels in the Transition Area
for public recreation or other public purposes consistent
with the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.) by providing to the Secretary written notice of the
election.
(d) Noise Compatibility Requirements.--The City shall--
(1) plan and manage the Transition Area in accordance with
section 47504 of title 49, United States Code (relating to
airport noise compatibility planning), and regulations
promulgated in accordance with that section; and
(2) agree that if any land in the Transition Area is sold,
leased, or otherwise conveyed by the City, the sale, lease,
or conveyance shall contain a limitation to require uses
compatible with that airport noise compatibility planning.
(e) Reversion.--
(1) In general.--If any parcel of land in the Transition
Area is not conveyed for nonresidential development under
this Act or reserved for recreation or other public purposes
under subsection (c) by the date that 20 years after the date
of enactment of this Act, the parcel of land shall, at the
discretion of the Secretary, revert to the United States.
(2) Inconsistent use.--If the City uses any parcel of land
within the Transition Area in a manner that is inconsistent
with the uses specified in this section--
[[Page S6061]]
(A) at the discretion of the Secretary, the parcel shall
revert to the United States; or
(B) if the Secretary does not make an election under
paragraph (1), the City shall sell the parcel of land in
accordance with this section.
______
By Mrs. FEINSTEIN (for herself, Mr. Schumer, Mr. Baucus, and Mr.
Tester):
S. 1379. A bill to amend chapter 35 of title 28, United States Code,
to strike the exception to the residency requirements for United States
attorneys; to the Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce the U.S.
Attorney Local Residency Restoration Act along with Senators Schumer,
Baucus, and Tester.
Simply put, this legislation would eliminate the other language that
the Department of Justice had inserted into the PATRIOT Act
reauthorization dealing with U.S. attorneys.
The first provision added allowed the Attorney General to appoint
interim U.S. attorneys to vacancies indefinitely without Senate
confirmation, and I authored a bill to restore the law to require
interim appointments by the Attorney General for only 120 days, and
then the district courts can appoint the interim U.S. attorney if a
permanent replacement has not been nominated and confirmed.
This bill has passed this body, and I hope will be signed into law
soon.
Today, I am offering this legislation to restore the residency
requirement for sitting U.S. attorneys.
Before the change, the law required that U.S. attorneys live within
his district while serving. It seems logical that the U.S. attorney
should live in the district that he is heading.
However, the Department of Justice added language in the PATRIOT Act
reauthorization that allows a U.S. attorney to live outside of his
district if the Attorney General assigns dual or additional
responsibilities to him.
While U.S. attorneys in both Democratic and Republican
administrations have served dual roles in the past, this administration
has once again abused its new authority--this time by placing numerous
U.S. attorneys in full-time positions throughout the Department of
Justice, at times in a manner that allows the Department to avoid
Senate confirmation.
In fact, Dennis Boyd, executive director of the National Association
of Assistant U.S. Attorneys, which represents current Federal
prosecutors, has said, ``I can't think of a time when there's been this
many U.S. attorneys doing double duty at one time.''
Currently, there are several U.S. attorneys, that we know about, who
are serving in a second full-time position here in Washington, while
still retaining their responsibilities back in their districts. For
example, Michael J. Sullivan, the U.S. attorney in Boston, has been
serving as the Acting Director of the Bureau of Alcohol, Tobacco,
Firearms and Explosives in Washington for the past 6 months, a position
that requires Senate confirmation;
Mary Beth Buchanan, U.S. attorney in Pittsburgh, is also the acting
director of the Office of Violence Against Women, a position that
requires Senate confirmation, and prior to that she served as Director
of the Executive Office of U.S. Attorneys; and Kevin O'Connor, U.S.
attorney in Connecticut, is also serving as an Associate Deputy
Attorney General coordinating antigang policies.
Of course, the most well-known example is William Mercer, U.S.
attorney in Montana. Mr. Mercer has been effectively absent for nearly
2 years from his State. First, serving as Principal Associate Deputy
Attorney General, and now working as Acting Associate Attorney General,
another position that requires Senate confirmation. In fact, through
staff interviews we have learned that he is only in his State 3 or 4
days a month.
Moreover, his consistent absenteeism was having such a negative
effect on the district that it led to the point where U.S. District
Chief Judge Donald Molloy of Billings, MT, felt compelled to write to
the Attorney General on October 20, 2005, to complain. In that letter,
Chief Judge Molloy wrote that Mr. Mercer's dual roles have led to ``a
lack of leadership'' in the Montana office and created ``untoward
difficulties for the court'' and for career prosecutors. Chief Judge
Molloy also wrote that Mr. Mercer was violating Federal law because he
``no longer resides in Montana'' and instead was living with his family
in the Washington, DC, area.
These facts on their own are cause for alarm.
However, what is even more disconcerting is the way that Mr. Mercer
and the Department of Justice have handled this situation.
We know that the Attorney General responded to Chief Judge Molloy in
a letter on November 10, 2005, stating that Mr. Mercer ``is in
compliance with the residency requirement'' under Federal law because
he ``is domiciled in Montana, returns there on a regular basis, and
will live there full-time as soon as his temporary assignment is
completed.''
We also know through interviews of DOJ staff that Mr. Mercer worked
with Will Moschella and Senate staff during November 2005 to insert the
residency exemption language into the PATRIOT Act reauthorization.
In fact, according to the Washington Post, the response from the
Attorney General to Chief Judge Molloy occurred on the very same day
that DOJ asked for the language to be inserted into the PATRIOT Act.
All this resulted in a change in the law, thus eviscerating the
conflict.
However, even beyond this turn of events, what is truly breathtaking
about this administration's actions with regard to Mr. Mercer is that
in trying to defend its actions to force numerous U.S. attorneys to
resign from office, this same Justice Department criticized David
Iglesias for being ``an absentee landlord.''
I firmly believe, what is sauce for the goose is sauce for the
gander. You can't one day try to change the law to make it easier for
U.S. attorneys to serve in 2 full-time jobs at the same time and then
the next day fire someone for not being fully present in his job,
especially when the absence is much more limited and based on service
to the country in the naval reserves.
While there are times when U.S. attorneys may be relied upon to fill
in temporarily, changing the law to ensure that they can hold two full-
time jobs is unacceptable.
Serving as U.S. attorney is a full-time job, and each district
throughout this country deserves to have the best qualified person in
the district focused on the tasks at hand.
I am quite certain that there are many fine first assistant U.S.
attorneys capable of stepping up to fill the shoes of an absent U.S.
attorney; however, these are not the individuals the President has
nominated and the Senate has confirmed to serve those positions.
These districts deserve nothing less than the undivided attention of
their Senate-confirmed U.S. attorneys.
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. 1379
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 ``United States Attorney Local
Residency Restoration Act of 2007''.
SEC. 2. REPEAL OF RESIDENCY EXCEPTION.
(a) In General.--Section 545(a) of title 28, United States
Code, is amended by striking the last sentence.
(b) Effective Date and Applicability.--
(1) In general.--The amendments made by this section
shall--
(A) take effect on the date of enactment of this Act; and
(B) apply to any person serving as a United States attorney
or an assistant United States attorney on or after such date
of enactment.
(2) Orders.--Any order issued under section 545(a) of title
28, United States Code, as in effect on the day before the
date of enactment of this Act, shall terminate on such date
of enactment.
______
By Mr. SALAZAR (for himself and Mr. Allard):
S. 1380. A bill to designate as wilderness certain land within the
Rocky Mountain National Park and to adjust the boundaries of the Indian
Peaks Wilderness and the Arapaho National Recreation Area of the
Arapaho National Forest in the State of Colorado; to the Committee on
Energy and Natural Resources.
Mr. ALLARD. Mr. President, today I am proud to co-sponsor legislation
that
[[Page S6062]]
will designate Rocky Mountain National Park as ``wilderness.''
This legislation will protect an area that was formed millions of
years ago when massive glaciers carved an impressive landscape. The
Rocky Mountain National Park Wilderness Act will ensure that it remains
unchanged in years to come.
Today marks the beginning of a new chapter in the long history of the
Park. As a fifth generation Coloradan and someone who grew up in the
shadow of Rocky Mountain National Park, it is an honor to have worked
on this bill. With the introduction of this legislation we continue to
follow an important wilderness tradition in Colorado.
Colorado and its representatives have long played an important role
in the development of Wilderness in our Nation. This dates back to the
original Wilderness Act. Congressman Wayne Aspinall, who represented
Colorado's 4th Congressional District and chaired the Committee on
Interior and Insular Affairs, played a pivotal role in creating the
Nation's wilderness system with the 1964 Wilderness Act. From the
inception of the original Wilderness Act through the continued
development of wilderness in Colorado one thing has remained the same:
a commitment to working together to find compromise and solutions that
work for everyone.
The principle of compromise has held true from the Colorado National
Forest Wilderness Act of 1980 to the Spanish Peaks Wilderness Act in
2000, and it is now true with the Rocky Mountain National Park
Wilderness Act. I am especially proud of the legislation that my
colleagues and I have introduced because it will preserve the natural
elements of the Park while protecting water, the West's most valuable
resource.
In a time when wells are being shut down just east of the park, the
protection of water is more important than ever, and it is vital to
preserving the agricultural heritage of this area. I am extremely
pleased that we have been able protect both wilderness and water.
I would like to thank everyone that has been involved in the
development of this bill, my colleagues in the United States Congress,
the local officials that communicated with our offices, and the private
citizens that shared their thoughts with us on the creation of this
bill. I would specifically like to recognize former Senators Bill
Armstrong and Hank Brown, and former Representatives Joe Johnson and
David Skaggs. We would not be introducing this legislation today
without these efforts.
The Rocky Mountain National Park Wilderness Act will ensure that
Americans, now and in the future, have the ability to enjoy the Park.
______
By Mr. REID:
S. 1382. A bill to amend the Public Health Service Act to provide the
establishment of an Amyotrophic Lateral Sclerosis Registry; to the
Committee on Health, Education, Labor, and Pensions.
Mr. REID. Mr. President, I rise to introduce the ALS Registry Act.
Lou Gehrig brought Amyotrophic Lateral Sclerosis, ALS, to the
public's attention more than 65 years ago and his courage put a human
face' on this terrible disease. Each of us has a Lou Gehrig back in our
home State, someone who shows great tremendous courage and grace as
they wrestle with ALS.
Over the years, I have worked closely with the Nevada ALS Association
and have met with many Nevadans who have been touched by this
devastating illness. One of these Nevadans was a man by the name of
Steve Rigazio who was invited to testify before the Labor/HHS/Education
Appropriations Subcommittee in May of 2000. Steve was at the height of
his career when he was diagnosed with ALS. He worked through the ranks
of the Nevada Power Company, the largest utility company in the State,
for 16 years until he became president. He played semi-professional
baseball. He also played and coached recreational hockey.
After his diagnosis, Steve continued to show up for work at 6 a.m.
for as long as he could. Sadly just 20 months after he testified so
movingly before Congress, Steve Rigazio died of ALS on December 27,
2001 at the age of 47. He left behind a family that included a wife,
two children and hundreds of friends. The ALS Steve Rigazio Voice of
Courage Award was named in his honor as a living testimony to the life
of this special man.
Every year approximately 5,600 Americans will learn they have ALS.
There is no cure for ALS and there is only one FDA approved drug to
specifically treat ALS. That drug only works for 20 percent of
patients, and even for them, it merely extends life for a few months.
ALS has proven particularly hard for scientists and doctors to tackle
for a number of reasons. One of those reasons is there is not a
centralized place where data on the disease is collected. Currently,
there is only a patchwork of data about ALS that does not include the
entire U.S. population and only includes limited data for specific
purposes, such as to determine the relationship between military
service and the disease. Perhaps the most obvious example of the
limitations of current surveillance systems and registries is that we
do not know with certainty how many people are living with ALS in the
United States today. Over 136 years after the discovery of ALS,
estimates on its prevalence still vary by as much as 100 percent, from
a low of about 15,000 patients to as many as thirty 30,000.
The legislation I am introducing today would create an ALS registry
at the Centers for Disease Control and Prevention, CDC, and will aid in
the search for a cure to this devastating disease. The registry will
collect data concerning: the incidence and prevalence of ALS in the
U.S.; the environmental and occupational factors that may contribute to
the disease; the age, race or ethnicity, gender and family history of
individuals diagnosed; and other information essential to the study of
ALS.
A national registry will help arm our Nation's researchers and
clinicians with the tools and information they need to make progress in
the fight against ALS. The data made available by a registry will
potentially allow scientists to identify causes of the disease, and
maybe even lead to the discovery of new treatment, a cure for ALS, or
even a way to prevent the disease in the first place.
I first introduced this legislation in 2005. Since that time, we have
appropriated funding to begin work on the development of a National ALS
Registry at the CDC. As a result, the CDC has begun pilot proams that
will: Develop and test strategies to efficiently identify ALS patients,
and (2) determine how to obtain data from existing registries and
databases. These pilot programs will help to expedite the development
of the registry established by this legislation. This is especially
important considering the life expectancy for a person with ALS is 2 to
5 years from the time of diagnosis.
The establishment of a registry will bring new hope to tens of
thousands of patients and their families that ALS will no longer be a
death sentence. No one wants to wait another 136 years before a cure is
found. I urge my colleagues to support the swift passage of the ALS
Registry Act.
Mr. President, 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. 1382
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 ``ALS Registry Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Amyotrophic lateral sclerosis (referred to in this
section as ``ALS'') is a fatal, progressive neurodegenerative
disease that affects motor nerve cells in the brain and the
spinal cord.
(2) The average life expectancy for a person with ALS is 2
to 5 years from the time of diagnosis.
(3) The cause of ALS is not well understood.
(4) There is only one drug currently approved by the Food
and Drug Administration for the treatment of ALS, which has
thus far shown only modest effects, prolonging life by just a
few months.
(5) There is no known cure for ALS.
(6) More than 5,000 individuals in the United States are
diagnosed with ALS annually and as many as 30,000 individuals
may be living with ALS in the United States today.
(7) Studies have found relationships between ALS and
environmental and genetic
[[Page S6063]]
factors, but those relationships are not well understood.
(8) Scientists believe that there are significant ties
between ALS and other motor neuron diseases.
(9) Several ALS disease registries and databases exist in
the United States and throughout the world, including the
SOD1 database, the National Institute of Neurological
Disorders and Stroke repository, and the Department of
Veterans Affairs ALS Registry.
(10) A single national system to collect and store
information on the prevalence and incidence of ALS in the
United States does not exist.
(11) In each of fiscal years 2006 and 2007, Congress
directed $887,000 to the Centers for Disease Control and
Prevention to begin a nationwide ALS registry.
(12) The Centers for Disease Control and Prevention and the
Agency for Toxic Substances and Disease Registry has
established three pilot projects, beginning in fiscal year
2006, to evaluate the science to guide the creation of a
national ALS registry.
(13) The establishment of a national registry will help--
(A) to identify the incidence and prevalence of ALS in the
United States;
(B) to collect data important to the study of ALS;
(C) to promote a better understanding of ALS;
(D) to collect information that is important for research
into the genetic and environmental factors that cause ALS;
(E) to strengthen the ability of a clearinghouse--
(i) to collect and disseminate research findings on
environmental, genetic and other causes of ALS and other
motor neuron disorders that can be confused with ALS,
misdiagnosed as ALS, and in some cases progress to ALS;
(ii) make available information to patients about research
studies for which they may be eligible; and
(iii) maintain information about clinical specialists and
clinical trials on therapies; and
(F) to enhance efforts to find treatments and a cure for
ALS.
SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Part P of title III of the Public Health Service Act (42
U.S.C. 280g et seq.) is amended by adding at the end the
following:
``SEC. 399R. AMYOTROPHIC LATERAL SCLEROSIS REGISTRY.
``(a) Establishment.--
``(1) In general.--Not later than 1 year after the receipt
of the report described in subsection (b)(2)(A), the
Secretary, acting through the Director of the Centers for
Disease Control and Prevention and in consultation with a
national voluntary health organization with experience
serving the population of individuals with amyotrophic
lateral sclerosis (referred to in this section as `ALS'),
shall--
``(A) develop a system to collect data on ALS and other
motor neuron disorders that can be confused with ALS,
misdiagnosed as ALS, and in some cases progress to ALS,
including information with respect to the incidence and
prevalence of the disease in the United States; and
``(B) establish a national registry for the collection and
storage of such data to include a population-based registry
of cases in the United States of ALS and other motor neuron
disorders that can be confused with ALS, misdiagnosed as ALS,
and in some cases progress to ALS.
``(2) Purpose.--It is the purpose of the registry
established under paragraph (1)(B) to gather available data
concerning--
``(A) ALS, including the incidence and prevalence of ALS in
the United States;
``(B) the environmental and occupational factors that may
be associated with the disease;
``(C) the age, race or ethnicity, gender, and family
history of individuals who are diagnosed with the disease;
``(D) other motor neuron disorders that can be confused
with ALS, misdiagnosed as ALS, and in some cases progress to
ALS; and
``(E) other matters as recommended by the Advisory
Committee established under subsection (b).
``(b) Advisory Committee.--
``(1) Establishment.--Not later than 90 days after the date
of the enactment of this section, the Secretary, acting
through the Director of the Centers for Disease Control and
Prevention, shall establish a committee to be known as the
Advisory Committee on the National ALS Registry (referred to
in this section as the `Advisory Committee'). The Advisory
Committee shall be composed of at least one member, to be
appointed by the Secretary, acting through the Director of
the Centers for Disease Control and Prevention, representing
each of the following:
``(A) National voluntary health associations that focus
solely on ALS and have demonstrated experience in ALS
research, care, and patient services, as well as other
voluntary associations focusing on neurodegenerative diseases
that represent and advocate on behalf of patients with ALS
and patients with other motor neuron disorders that can be
confused with ALS, misdiagnosed as ALS, and in some cases
progress to ALS.
``(B) The National Institutes of Health, to include, upon
the recommendation of the Director of the National Institutes
of Health, representatives from the National Institute of
Neurological Disorders and Stroke and the National Institute
of Environmental Health Sciences.
``(C) The Department of Veterans Affairs.
``(D) The Agency for Toxic Substances and Disease Registry.
``(E) The Centers for Disease Control and Prevention.
``(F) Patients with ALS or their family members.
``(G) Clinicians with expertise on ALS and related
diseases.
``(H) Epidemiologists with experience in data registries.
``(I) Geneticists or experts in genetics who have
experience with the genetics of ALS or other neurological
diseases.
``(J) Statisticians.
``(K) Ethicists.
``(L) Attorneys.
``(M) Other individuals with an interest in developing and
maintaining the National ALS Registry.
``(2) Duties.--The Advisory Committee shall review
information and make recommendations to the Secretary
concerning--
``(A) the development and maintenance of the National ALS
Registry;
``(B) the type of information to be collected and stored in
the Registry;
``(C) the manner in which such data is to be collected;
``(D) the use and availability of such data including
guidelines for such use; and
``(E) the collection of information about diseases and
disorders that primarily affect motor neurons that are
considered essential to furthering the study and cure of ALS.
``(3) Report.--Not later than 1 years after the date on
which the Advisory Committee is established, the Advisory
Committee shall submit a report concerning the review
conducted under paragraph (2) that contains the
recommendations of the Advisory Committee with respect to the
results of such review.
``(c) Grants.--Notwithstanding the recommendations of the
Advisory Committee under subsection (b), the Secretary,
acting through the Director of the Centers for Disease
Control and Prevention, may award grants to, and enter into
contracts and cooperative agreements with, public or private
nonprofit entities for the collection, analysis, and
reporting of data on ALS and other motor neuron disorders
that can be confused with ALS, misdiagnosed as ALS, and in
some cases progress to ALS.
``(d) Coordination With State, Local, and Federal
Registries.--
``(1) In general.--In establishing the National ALS
Registry under subsection (a), the Secretary, acting through
the Director of the Centers for Disease Control and
Prevention, shall--
``(A) identify, build upon, expand, and coordinate among
existing data and surveillance systems, surveys, registries,
and other Federal public health and environmental
infrastructure wherever possible, including--
``(i) the 3 ALS registry pilot projects initiated in fiscal
year 2006 by the Centers for Disease Control and Prevention
and the Agency for Toxic Substances and Disease Registry at
the South Carolina Office of Research & Statistics; the Mayo
Clinic in Rochester, Minnesota; and Emory University in
Atlanta, Georgia;
``(ii) the Department of Veterans Affairs ALS Registry;
``(iii) the DNA and Cell Line Repository of the National
Institute of Neurological Disorders and Stroke Human Genetics
Resource Center;
``(iv) Agency for Toxic Substances and Disease Registry
studies, including studies conducted in Illinois, Missouri,
El Paso and San Antonio Texas, and Massachusetts;
``(v) State-based ALS registries, including the
Massachusetts ALS Registry;
``(vi) the National Vital Statistics System; and
``(vii) any other existing or relevant databases that
collect or maintain information on those motor neuron
diseases recommended by the Advisory Committee established in
subsection (b); and
``(B) provide for research access to ALS data as
recommended by the Advisory Committee established in
subsection (b) to the extent permitted by applicable statutes
and regulations and in a manner that protects personal
privacy consistent with applicable privacy statutes and
regulations.
``(2) Coordination with nih and department of veterans
affairs.--Notwithstanding the recommendations of the Advisory
Committee established in subsection (b), and consistent with
applicable privacy statutes and regulations, the Secretary
shall ensure that epidemiological and other types of
information obtained under subsection (a) is made available
to the National Institutes of Health and the Department of
Veterans Affairs.
``(e) Definition.--For the purposes of this section, the
term `national voluntary health association' means a national
non-profit organization with chapters or other affiliated
organizations in States throughout the United States.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section,
$25,000,000 for fiscal year 2008, and such sums as may be
necessary for each of fiscal years 2009 through 2012.''.
______
By Mr. AKAKA:
S. 1384. A bill to amend title 38, United States Code, to repeal
authority for adjustments to per diem payments
[[Page S6064]]
to homeless veterans service centers for receipt of other sources of
income, to extend authorities for certain programs to benefit homeless
veterans, and for other purposes; to the Committee on Veterans'
Affairs.
Mr. AKAKA. Mr. President, today I introduce legislation that would
enhance and improve services for homeless veterans administered by the
Department of Veterans Affairs. This bill addresses a number of areas
related to care and benefits for homeless veterans. It would modify the
funding mechanism for community-based services to homeless veterans,
expand capacity of services for women veterans, and improve outreach to
servicemembers who are at risk of becoming homeless.
First, this legislation would lift a number of restrictions on VA's
grant and per diem program. This program compensates community shelters
for the services they provide to homeless veterans. VA currently pays
$27 per day to community shelters for each veteran served. However, $27
is barely sufficient to cover existing costs, and rising energy prices
are stretching resources even more.
To meet the needs of their clients, many shelters seek additional
sources of funding, but their per diem payments from VA are in turn
offset by the amount of this additional funding. By eliminating this
offset, the bill would enable providers to expand their services to
veterans, and to receive funding from other sources to accomplish these
expansions.
This legislation would also address the gap in domiciliary care for
homeless women veterans. Women veterans are a growing proportion of the
active duty force and overall veteran population. Homelessness among
female veterans is a serious problem, and many facilities do not yet
have the capacity to meet this demand. Domiciliary care is an essential
component of treatment and rehabilitation, especially for mental health
and substance abuse conditions which afflict many homeless veterans.
This bill would require the Secretary of Veterans Affairs to ensure
that domiciliary programs have the capacity to accommodate women
veterans, and that their specific safety and security concerns are
addressed. As women become a larger proportion of the homeless veteran
population, VA must have the capacity to meet their needs.
Finally, this legislation would increase efforts to identify and
assist servicemembers who are at risk of becoming homeless. It would
make permanent an already established and successful program to aid
incarcerated veterans in their transition back to civilian life. The
program identifies at risk individuals and refers them to counseling
and services, including health care, job training and placement, and
housing.
Building on the success of that program, the bill would also create a
similar program to identify and support at risk individuals in their
transition from military to civilian life. It has been proven through
smaller scale efforts that this process can reduce the incidence of
homelessness and other problems among new veterans who are being
separated from military service.
Over 1 million servicemembers have served in Iraq and Afghanistan,
and as they transition from military service to civilian life some will
be at risk of homelessness. Any effort VA can make to assist these
servicemembers will improve lives and reduce the demand for VA homeless
services in the years to come. We have all heard the sad and shocking
statistic that one out of every three homeless persons on the street at
any given time is a veteran. This bill is another step in attempting to
address and solve this shameful problem.
I believe that this bill adjusts existing programs to take full
advantage of existing resources and effective initiatives. I urge all
of my colleagues to support this legislation.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1384
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REPEAL OF AUTHORITY FOR ADJUSTMENTS TO PER DIEM
PAYMENTS TO HOMELESS VETERANS SERVICE CENTERS
FOR RECEIPT OF OTHER SOURCES OF INCOME.
Section 2012(a)(2) of title 38, United States Code, is
amended--
(1) by striking subparagraphs (B), (C), and (D); and
(2) in subparagraph (A)--
(A) by striking ``The rate'' and inserting ``Except as
provided in subparagraph (B), the rate'';
(B) by striking ``adjusted by the Secretary under
subparagraph (B)''; and
(C) by designating the second sentence as subparagraph (B)
and indenting the margin of such subparagraph, as so
designated, two ems from the left margin.
SEC. 2. DEMONSTRATION PROGRAM ON PREVENTING VETERANS AT-RISK
OF HOMELESSNESS FROM BECOMING HOMELESS.
(a) Demonstration Program.--The Secretary of Veterans
Affairs shall carry out (subject to the availability of
appropriations) a demonstration program for the purpose of--
(1) identifying members of the Armed Forces on active duty
who are at risk of becoming homeless after they are
discharged or released from active duty; and
(2) providing referral, counseling, and supportive
services, as appropriate, to help prevent such members, upon
becoming veterans, from becoming homeless.
(b) Program Locations.--The Secretary shall carry out the
demonstration program in at least three locations.
(c) Identification Criteria.--In developing and
implementing the criteria to identify members of the Armed
Forces, who upon becoming veterans, are at-risk of becoming
homeless, the Secretary of Veterans Affairs shall consult
with the Secretary of Defense and such other officials and
experts as the Secretary considers appropriate.
(d) Contracts.--The Secretary of Veterans Affairs may enter
into contracts to provide the referral, counseling, and
supportive services required under the demonstration program
with entities or organizations that meet such requirements as
the Secretary may establish.
(e) Sunset.--The authority of the Secretary under
subsection (a) shall expire on September 30, 2011.
(f) Authorization of Appropriations.--There are authorized
to be appropriated $2,000,000 for the purpose of carrying out
the provisions of this section.
SEC. 3. EXPANSION AND EXTENSION OF AUTHORITY FOR PROGRAM OF
REFERRAL AND COUNSELING SERVICES FOR AT-RISK
VETERANS TRANSITIONING FROM CERTAIN
INSTITUTIONS.
(a) Program Authority.--Subsection (a) of section 2023 of
title 38, United States Code, is amended by striking ``a
demonstration program for the purpose of determining the
costs and benefits of providing'' and inserting ``a program
of''.
(b) Scope of Program.--Subsection (b) of such section is
amended--
(1) by striking ``Demonstration'' in the subsection
heading;
(2) by striking ``demonstration''; and
(3) by striking ``in at least six locations'' and inserting
``in at least 12 locations''.
(c) Extension of Authority.--Subsection (d) of such section
is amended by striking ``shall cease'' and all that follows
and inserting ``shall cease on September 30, 2011.''.
(d) Conforming Amendments.--
(1) Subsection (c)(1) of such section is amended by
striking ``demonstration''.
(2) The heading of such section is amended to read as
follows:
``Sec. 2023. Referral and counseling services: veterans at
risk of homelessness who are transitioning from certain
institutions''.
(3) Section 2022(f)(2)(C) of such title is amended by
striking ``demonstration''.
(e) Clerical Amendment.--The table of sections at the
beginning of chapter 20 of such title is amended by striking
the item relating to section 2023 and inserting the
following:
``2023. Referral and counseling services: veterans at risk of
homelessness who are transitioning from certain
institutions.''.
SEC. 4. AVAILABILITY OF GRANT FUNDS TO SERVICE CENTERS FOR
PERSONNEL.
Section 2011 of title 38, United States Code, is amended by
adding at the end the following new subsection:
``(i) Availability of Grant Funds for Service Center
Personnel.--A grant under this section for a service center
for homeless veterans may be used to provide funding for
staff as necessary in order for the center to meet the
service availability requirements of subsection (g)(1).''.
SEC. 5. PERMANENT AUTHORITY FOR DOMICILIARY SERVICES FOR
HOMELESS VETERANS AND ENHANCEMENT OF CAPACITY
OF DOMICILIARY CARE PROGRAMS FOR FEMALE
VETERANS.
Subsection (b) of section 2043 of title 38, United States
Code, is amended to read as follows:
``(b) Enhancement of Capacity of Domiciliary Care Programs
for Female Veterans.--The Secretary shall take appropriate
actions to ensure that the domiciliary care programs of the
Department are adequate, with respect to capacity and with
respect to safety, to meet the needs of veterans who are
women.''.
______
By Mr. NELSON of Florida:
[[Page S6065]]
S. 1385. A bill to designate the United States courthouse facility
located at 301 North Miami Avenue, Miami, Florida, as the ``C. Clyde
Atkins United States Courthouse''; to the Committee on Environment and
Public Works.
Mr. NELSON of Florida. Mr. President, I have introduced a bill that
will honor one of Florida's great jurists, the Honorable C. Clyde
Atkins, by naming the Federal building at 301 North Miami Avenue in
Miami, FL, the ``C. Clyde Atkins United States Courthouse.'' This is a
fitting tribute to Judge Atkins. His public service provides a model
for members of the legal profession, indeed, for all Americans, who
respect the rule of law and believe in equal justice under law.
Before becoming a judge, Judge Atkins, who earned his law degree at
the University of Florida, already had distinguished himself in private
practice. He served as the president of both the Florida bar and the
Dade County Bar Association. In 1966, President Johnson appointed Judge
Atkins to serve on the U.S. District Court for the Southern District of
Florida. He served until his death in 1999 at the age of 84. From 1977
until 1982, Judge Atkins was the chief judge for the Southern District,
and his leadership ensured that the court remained effective through a
period when Miami confronted serious problems involving refugees,
violence, and drug smuggling.
Judge Atkins rendered important decisions in the areas of civil
rights and civil liberties. By the luck of the draw, he was assigned to
many controversial cases, earning him the nickname ``Hard Luck Clyde,''
and it was for those rulings, often involving important civil rights
and civil liberties issues, that he will be best remembered.
For example, in a decision involving Miami's homeless population, he
ordered the creation of ``safe zones'' where the homeless could
congregate without fear of arrest. This important decision had a ripple
effect, helping to give rise to efforts throughout the Nation to
rehabilitate the homeless through training and the creation of
shelters. He also ruled in support of Cuban and Haitian refugees who
were held at Guantanamo Bay, Cuba, and against the government's
repatriation policy. And finally, he presided over the desegregation of
Dade County's public schools for more than 20 years.
Judge Atkins was a person of faith. He was the first Catholic
appointed to the bench in the Southern District, and Pope Benedict VI
named him a Knight of St. Gregory. Judge Atkins also earned recognition
from the National Conference of Christians and Jews, the Anti-
Defamation League, and the American Judicature Society, to name a few.
The proposal to name the courthouse in Miami after Judge Atkins has
been supported by leaders of the bar in the Southern District,
including the Dade County Bar Association. Passage of my bill will
ensure that the C. Clyde Atkins Courthouse will stand as an enduring
tribute to an admired and respected Federal judge and the principles
for which he stood for generations to come.
______
By Mr. REED:
S. 1386. A bill to amend the Housing and Urban Development Act of
1968, to provide better assistance to low- and moderate-income
families, and for other purposes; to the Committee on Banking, Housing,
and Urban Affairs.
Mr. REED. Mr. President, today I introduce the Homeownership
Protection and Enhancement Act of 2007, HOPE Act. This legislation
would reauthorize and amend Section 106 of the Housing and Urban
Development Act of 1968, so that we can improve on Federal efforts to
support and sustain homeownership.
As we all know, during the past several years, housing prices in
cities and States around the country have far outpaced any increase in
wages. Families have been stretching themselves financially to get into
homeownership, and many families have started using alternative or
exotic mortgages loan products to purchase their homes.
According to First American Loan Performance, in 2006, in my own
State of Rhode Island, nearly 16 percent of all home-purchase loans
were ``interest only.'' However, as home prices have declined, many
people who took out these exotic loans are now finding they owe more
than the value of their property.
The Center for Responsible Lending estimates that nationally one in
five subprime loans originated during the prior 2 years will end in
foreclosure, costing homeowners $164 billion, mostly in lost equity.
`It appears that we are just at the beginning of what could be a
perfect storm, as many credit-stressed borrowers still face resets of
these exotic adjustable-rate and payment option loans. There were 1.2
million foreclosures reported nationwide last year, up 42 percent from
2005, according to RealtyTrac, a database of foreclosed properties.
RealtyTrac also reports 430,000 foreclosure filings in the first
quarter of 2007, a 35 percent jump over the same period in 2006.
The increasing rate of foreclosures across the country is troubling.
Not only are individual families losing their homes and their financial
nest eggs, but there is a negative ripple effect across communities and
the economy. That is why I am introducing the Homeownership Protection
and Enhancement Act, or HOPE Act.
This bill seeks to help States establish and enhance outreach
programs to proactively find homeowners at risk of losing their homes
and help them avoid foreclosure. States will be rewarded for having set
up effective programs to help curtail foreclosures with additional
funding and resources. An incentive is provided for more States to
follow suit and reach out to delinquent borrowers, offer them access to
financial counseling, and, when appropriate, help them negotiate a plan
to restructure their debt.
In particular, the HOPE Act provides $50 million for the creation and
operation of State Homeownership Protection Centers. The centers can
serve as a one-stop resource, offering consumers a broad range of
services and assistance, such as financial assessments, counseling, or
referrals to families in need. It authorizes $260 million in
competitive grants to States who operate State Homeownership Protection
Centers for revolving loan funds to offer one-time grants or subsidized
loans to qualified families. It increases funding to $300 million for
effective HUD-approved counseling agencies. Finally, it sets aside $5
million for the creation of a Federal database on defaults and
foreclosures to improve oversight of public and private efforts to
sustain homeownership.
In addition, to help prevent future borrowers from taking on
unsustainable mortgages and falling into foreclosure, the HOPE Act
would create an affirmative duty for lenders and servicers to engage in
reasonable loss mitigation prior to foreclosure. It would also require
notifications by lenders and servicers to borrowers regarding the full
array of counseling services available in their State at every critical
step, at application, at closing, and upon delinquency. Finally, if a
State has a State Homeownership Protection Center, lenders and
servicers would be required to refer borrowers who are 60 days or more
delinquent to the center so that it can proactively attempt to reach
distressed borrowers.
I am introducing the HOPE Act because when homes get foreclosed on,
it is not just the borrowers and lenders who pay the price, whole
neighborhoods suffer. Housing industry experts estimate that for every
foreclosure within an eighth of a mile of a house, two and a half city
blocks in every direction, the property value of surrounding homes
drops by about 1 percent. I believe that the Federal Government has a
responsibility to step in and ensure that millions of Americans,
including neighbors who never took out a risky loan and have scrimped
and saved to pay their bills on time, are not adversely affected by the
subprime foreclosure crisis.
This legislation is targeted relief that will help more families keep
their homes and save communities nationwide millions of dollars. We
need to act swiftly before personal financial tragedies turn into a
full blown national financial crisis.
The HOPE Act will set us on the path to meeting an important national
goal, creating sustainable homeownership. I hope my colleagues will
join me in supporting this bill and other foreclosure prevention
efforts.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
[[Page S6066]]
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1386
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 ``Homeownership Protection and
Enhancement Act of 2007''.
SEC. 2. REFORM OF SECTION 106 OF THE HOUSING AND URBAN
DEVELOPMENT ACT OF 1968.
Section 106 of the Housing and Urban Development Act of
1968 (12 U.S.C. 1701x) is amended--
(1) in subsection (c)--
(A) in paragraph (3)--
(i) in subparagraph (A)(ii), by striking ``; and'' and
inserting ``; or''; and
(ii) in subparagraph (A)(iii), by striking ``involving
principal'' and all that follows through ``the appraised''
and inserting ``in which a homeowner has total equity equal
to less than 3 percent of the appraised'';
(B) in paragraph (4)--
(i) in subparagraph (C)--
(I) in clause (i), by striking ``; or'' and inserting a
semicolon;
(II) in clause (ii), by striking the period at the end and
inserting a semicolon;
(III) by adding at the end the following:
``(iii) a significant reduction in the income of the
household due to divorce or death; or
``(iv) a significant increase in basic expenses of the
homeowner or an immediate family member of the homeowner
(including the spouse, child, or parent for whom the
homeowner provides substantial care or financial assistance)
due to--
``(I) an unexpected or significant increase in medical
expenses;
``(II) a divorce;
``(III) unexpected and significant damage to the property,
the repair of which will not be covered by private or public
insurance;
``(IV) a large property-tax increase; or
``(V) a large increase in condominium or cooperative fees,
dues, or assessments; or''; and
(ii) by adding at the end the following:
``(D) the Secretary of Housing and Urban Development
determines that the annual income of the homeowner is no
greater than the annual income established by the Secretary
as being of low- or moderate-income.'';
(C) in paragraph (5)--
(i) by striking subparagraph (A) and inserting a new
subparagraph (A) as follows:
``(A) Notification of availability of pre-purchase
homeownership counseling, homeownership counseling, and
homeownership protection center services.--
``(i) Notification to mortgage applicants at time of
mortgage application.--
``(I) In general.--A proposed mortgagee shall provide
notice to any applicant for a mortgage described in paragraph
(4).
``(II) Content of notice.--The notice required under
subclause (I) shall--
``(aa) if provided to an eligible mortgage applicant, state
that completion of a counseling program is required for
insurance pursuant to section 203 of the National Housing Act
(12 U.S.C.1709);
``(bb) notify the mortgage applicant of the availability of
homeownership counseling provided by non-profit organizations
approved by the Secretary and experienced in the provision of
pre-purchase homeownership counseling, or provide the toll-
free telephone number established by the Secretary under
subparagraph (D)(i); and
``(cc) notify the mortgage applicant or homeowner by a
statement or notice, written in plain English by the
Secretary of Housing and Urban Development, in consultation
with the Secretary of Defense and the Secretary of the
Treasury, explaining the mortgage and foreclosure rights of
servicemembers, and the dependents of such servicemembers,
under the Servicemembers Civil Relief Act (50 U.S.C. App. 501
et seq.), including the toll-free military one source number
to call if servicemembers, or the dependents of such
servicemembers, require further assistance.
``(ii) Notification at time of closing of availability of
counseling upon delinquency and services of state
homeownership protection centers.--
``(I) In general.--At the time of closing, and together
with the final signed loan documents, a mortgagee shall
provide to the homeowner a plain language statement in
conspicuous 16-point type or larger which shall include the
following:
``(aa) Counseling statement.--A counseling statement that
reads as follows:
``If you are more than 30 days late on your mortgage
payments, your lender or loan servicer is required by law to
notify you of agencies approved by the United States
Department of Housing and Urban Development (HUD) that may be
able to assist you, including the contact information for
your State Homeownership Protection Center if there is one
operating in your State. Before you miss another mortgage
payment, you are strongly encouraged to contact your lender
or loan servicer or one of the agencies on the approved list
for assistance. If you are more than 60 days late on your
mortgage payments, your lender or loan servicer is required
by law to send you a second notification containing this
information. In addition, if you are more than 60 days late
on your mortgage payment and you are registered with a State
Homeownership Protection Center, your lender or loan servicer
also will be required to notify the Center, so that the
Center can contact you regarding any assistance it may be
able to provide.
``(bb) Counseling agency listing.--A listing of at least 5
housing counseling agencies approved by the Department of
Housing and Urban Development, at least 1 of which is located
in the State in which the property to be mortgaged is
located.
``(cc) Toll-free number.--The listing of the toll-free
telephone number established by the Secretary under
subparagraph (D)(i).
``(dd) Contact information for state homeownership
protection center.--The contact information, including
telephone number, email address, and physical address of the
State Homeownership Protection Center, if such a Center is
operating in the State in which the property to be mortgaged
is located.
``(ee) Notice to servicemembers or dependents of
servicemembers.--A statement, written in plain English,
drafted by the Secretary of Housing and Urban Development, in
consultation with the Secretary of Defense and the Secretary
of the Treasury, explaining the mortgage and foreclosure
rights of servicemembers, and the dependents of such
servicemembers, under the Servicemembers Civil Relief Act (50
U.S.C. App. 501 et seq.), including the toll-free military
one source number to call if servicemembers, or the
dependents of such servicemembers, require further
assistance.
``(ff) Summary of duty to engage in loss mitigation.--A
brief summary of the obligation of the mortgagee to engage in
reasonable loss mitigation activities for the purpose of
providing an alternative to foreclosure, including language
informing the homeowner that the mortgagee's failure to
comply with such loss mitigation requirements constitutes a
defense to the foreclosure.
``(II) Manner of disclosure.--
``(aa) 1 document.--At the discretion of the mortgagee, the
mortgagee may provide all the information required under
clause (I) in one single document.
``(bb) Required description of document at closing.--A
mortgagee shall briefly describe the document in item (aa) to
the homeowner during closing.
``(III) Other requirements at time of closing for
mortgagees operating in a state where a state homeownership
protection center is located.--
``(aa) Registration with state homeownership protection
centers.--In addition to the required documents described in
subclauses (I) and (II), at the time of closing the mortgagee
shall explain in writing and verbally that the homeowner's
name and contact information will be registered with a State
Homeownership Protection Center so that the Center can
attempt to reach the homeowner if the homeowner is 60 days or
more late in making any mortgage payment.
``(bb) Brochures.--The mortgagee shall distribute to a
homeowner any brochure, pamphlet, or other brief document
prepared by the State Homeownership Protection Center that
describes the services provided by the Center.
``(cc) Duty of mortgagee to forward information.--The
mortgagee shall forward to the State Homeownership Protection
Center the contact information of the mortgage applicant and
shall agree to notify the Center if the mortgage payment of
the homeowner is or becomes more than 60 days late so that
the Center can attempt to reach the homeowner.
``(dd) Required disclosures to the homeowner.--Each
homeowner shall be informed that being registered with a
State Homeownership Protection Center under this subclause
may provide easier access to assistance in case of financial
difficulty and that no information that would make it
possible to identify the homeowner will be given to any other
entity for any reason without the prior approval of the
homeowner.
``(ee) Additional responsibilities of mortgagees.--The
mortgagee shall note registration with the State
Homeownership Protection Center with the loan information of
the homeowner, however such information is stored, and shall
ensure that any entity which purchases the loan of the
homeowner is aware of where they are registered and the
requirement that the State Homeownership Protection Center be
notified if the homeowner is or becomes more than 60 days
late on any mortgage payment.
``(iii) Notice upon delinquency of homeowner.--
``(I) In general.--Except as provided in subparagraph (C)--
``(aa) if a homeowner becomes 30 or more days late on any
mortgage payment, the mortgagee shall provide notice in the
manner described in clause (iv) to any eligible homeowner who
fails to pay any amount within 30 days of the date the amount
is due under a home loan;
``(bb) if a homeowner becomes 60 or more days late on any
mortgage payment, the mortgagee shall provide notice to the
homeowner a second time in the manner described in clause
(iv) to any eligible homeowner who fails to pay any amount
within 60 days of the date the amount is due under a home
loan; and
``(cc) if a homeowner becomes 60 or more days late on any
mortgage payment, and such homeowner is registered with a
State Homeownership Protection Center, the mortgagee shall
provide notice to that State Homeownership Protection Center.
[[Page S6067]]
``(II) Failure to provide notice.--Failure to provide
notice to a homeowner or to a State Homeownership Protection
Center required under this subsection constitutes a defense
to foreclosure.
``(iv) Content of notice upon delinquency of homeowner.--
``(I) Registered homeowners.--The notice required under
clause (iii) for a homeowner registered with a State
Homeownership Protection Center shall--
``(aa) notify the homeowner of the availability of any
homeownership counseling provided by the mortgagee;
``(bb) provide the homeowner a current copy of the
statement described in clause (ii)(I) provided to the
homeowner at closing; and
``(cc) when the homeowner becomes 60 or more days late on
any mortgage payment--
``(AA) notify the State Homeownership Protection Center
with whom the homeowner is registered; and
``(BB) provide the Center with the contact information of
the homeowner.
``(II) Non-registered homeowners.--The notice required
under clause (iii) for a homeowner not registered with a
State Homeownership Protection Center shall--
``(aa) notify the homeowner of the availability of any
homeownership counseling provided by the mortgagee; and
``(bb) provide the homeowner a current copy of the
statement described in clause (ii)(I) provided to the
homeowner at closing.
``(III) Mailings.--When the notice required under clause
(iii) is sent, the outside of the mailing envelope shall
state that such mailing contains federally required
information on Federal Government-approved financial
counseling agencies.'';
(ii) by striking subparagraph (B) and inserting a new
subparagraph (B) as follows:
``(B) Deadline for notification.--The notification required
in subparagraph (A) shall be made in a manner approved by the
Secretary.'';
(iii) in subparagraph (D)(i)(I), by inserting ``post-
purchase'' before ``homeownership counseling''; and
(iv) by adding at the end the following:
``(F) Nationwide availability.--The Secretary shall ensure
that each State is served by at least one local, regional, or
national agency with an office in the State that provides the
services described in this paragraph.'';
(D) in paragraph (6)(D), by inserting ``for a primary
residence'' before the period;
(2) by striking subsection (d) and inserting the following:
``(d) Grants to States for State Homeownership Protection
Centers.--
``(1) In general.--The Secretary shall award grants, on a
competitive basis, to State housing finance agencies or any
other designated State agency, to enable such agencies to
establish and operate State Homeownership Protection Centers.
``(2) Notification of funding availability.--The Secretary
shall release a Notification of Funding Availability for
grants awarded under this subsection for a fiscal year not
later than 3 months after the date of enactment of the
appropriate Act making appropriations for the Department of
Housing and Urban Development for the fiscal year.
``(3) Application.--
``(A) Submission to the secretary.--To be eligible to
receive a grant under this subsection, a State housing
finance agency or any other designated State agency shall
submit an application to the Secretary, at such time and in
such manner as the Secretary may require, and containing such
information as the Secretary determines necessary--
``(i) to determine the ability of such agency to operate a
Center; and
``(ii) to establish priorities for funding based on need.
``(B) Announcement of awards.--The Secretary shall
announce, within 4 months after the last date for the
submission of applications described in subparagraph (A) for
a fiscal year, the grants conditionally awarded under this
subsection for that fiscal year.
``(4) Purpose.--The purpose of any State Homeownership
Protection Center established under paragraph (1) shall be--
``(A) to provide a centralized location for information on,
and referral to, public services available to assist a
homeowner who is in default on their home loan;
``(B) to provide a homeowner with referrals to counseling
agencies approved by the Department of Housing and Urban
Development that may be able to assist that homeowner, if
that homeowner is in default on their home loan; and
``(C) to attempt to contact each homeowner who is
registered with the Center who is more than 60 days late on
any mortgage payment with the goal of--
``(i) determining--
``(I) if such homeowner needs assistance in avoiding
foreclosure on their home; and
``(II) what kind of assistance is needed by such homeowner
to avoid foreclosure on their home; and
``(ii) providing referrals to any appropriate programs or
entities that may be able to provide any such assistance.
``(5) Homeownership protection centers.--
``(A) Use of funds.--Each State housing finance agency or
any other designated State agency, who is a recipient of a
grant under paragraph (1) may only use such grant amounts to
establish and operate State Homeownership Protection Centers
in that State.
``(B) Required activities.--Each State Homeownership
Protection Center established under this section shall, at a
minimum--
``(i) provide a toll-free number through which any
homeowner in financial distress can receive--
``(I) information on--
``(aa) the Center and its services; and
``(bb) public programs that provide assistance to
homeowners; and
``(II) a listing of counseling agencies approved by the
Department of Housing and Urban Development;
``(ii) provide information to homeowners on available
community resources relating to homeownership, including--
``(I) public assistance or benefits programs;
``(II) mortgage assistance programs;
``(III) home repair assistance programs;
``(IV) legal assistance programs;
``(V) utility assistance programs;
``(VI) food assistance programs; and
``(VII) other Federal, State, or local government funded
social service;
``(iii) provide staff who--
``(I) are able to conduct a brief assessment of the
situation of a homeowner; and
``(II) based on such assessment can--
``(aa) make appropriate referrals to, and provide
application information regarding, programs that can provide
assistance to such homeowner; and
``(bb) provide a listing of counseling agencies approved by
the Department of Housing and Urban Development; and
``(iv) provide to any homeowner in financial distress
access to applications for public assistance or benefits
program which may be of assistance to such homeowner.
``(C) Additional activities.--In addition to the services
required under subparagraph (B), each State Homeownership
Protection Center shall--
``(i) be technologically capable of--
``(I) accepting and recording in a secure database the
contact information of any homeowner forwarded to the Center
by a mortgagee pursuant to subsection (c)(5)(A)(ii)(III); and
``(II) accessing the contact information described in
subclause (I), if the Center is notified by a mortgagee
pursuant to subsection (c)(5)(A)(ii)(III) that the homeowner
is 60 or more days late in paying any amount due under the
home loan of such homeowner;
``(ii) if notified by a mortgagee pursuant to subsection
(c)(5)(A)(ii)(III) that a homeowner who is registered with
the Center is 60 or more days late in paying any amount due
under the home loan of such homeowner, attempt to contact
such homeowner to provide assistance or suggest public
programs or counseling agencies that may provide assistance
to the homeowner; and
``(iii) not release to the public or to any third party the
name of any homeowner who is registered with the Center, or
of any person who visits the Center for assistance, or any
other information that would make it possible to identify
such a person, without the prior written consent of such
homeowner or person.
``(6) Grants to states with homeownership protection
centers to assist homeowners in default.--
``(A) Grant authority.--The Secretary shall award
competitive grants to State housing finance agencies, or to
any other designated State agency, located in a State with a
State Homeownership Protection Center established under
paragraph (1), to enable such agencies in partnership with
State Homeownership Protection Centers to provide 1-time
emergency grants or subsidized loans to eligible homeowners
to assist such homeowners in satisfying any amounts past due
on their home loans.
``(B) Notification of funding availability.--The Secretary
shall release a Notification of Funding Availability for
grants awarded under this paragraph for a fiscal year not
later than 3 months after the date of enactment of the
appropriate Act making appropriations for the Department of
Housing and Urban Development for the fiscal year.
``(C) Application.--
``(i) Submission to the secretary.--To be eligible to
receive a grant under this paragraph a State housing finance
agency or any other designated State agency located in a
State where a State Homeownership Protection Center is
located, shall submit an application to the Secretary at such
time and in such manner as the Secretary may require, and
containing such information as the Secretary determines
necessary--
``(I) to determine compliance with the requirements and
criteria under this paragraph; and
``(II) to establish priorities for funding based on need.
``(ii) Announcement of awards.--The Secretary shall
announce, within 4 months after the last date for the
submission of applications described in this paragraph for a
fiscal year, the grants conditionally awarded under this
paragraph for that fiscal year.
``(D) Other requirements.--
``(i) Separate accounts.--To be eligible to receive any
amounts awarded under this paragraph and prior to providing
any emergency grants or subsidized loans, a State housing
finance agency or any other designated State agency shall
establish a separate account in which such amounts are to be
held.
``(ii) Limited use.--Any amounts made available for
purposes of this paragraph in
[[Page S6068]]
any appropriations Act shall be used only to provide 1-time
emergency grants or subsidized loans to eligible homeowners
to assist such homeowners in satisfying any amounts past due
on their home loan as authorized under subparagraph (A).
``(iii) Repayment of loans.--Any amounts repaid on a
subsidized loan made under this paragraph shall be deposited
back into the separate account established under clause (i)
from which the loan funds originated.
``(iv) Other funding.--Amounts donated or otherwise
directed to be used for purposes of this paragraph may be
deposited in any separate account established under clause
(i) to help capitalize such account.
``(E) Program requirements.--
``(i) In general.--Each State housing finance agency or any
other designated State agency that is a recipient of a grant
to assist homeowners in default under this paragraph, in
cooperation with the State Homeownership Protection Centers
in such State, shall develop program requirements for
eligible homeowners seeking a 1-time emergency grant or
subsidized loan under this paragraph.
``(ii) Required content.--The program requirements
developed under clause (i) shall, at a minimum, include the
following:
``(I) That any loan or grant under this paragraph may be
provided for up to a four-family owner-occupied residence,
including one-family units in a condominium project or a
membership interest and occupancy agreement in a cooperative
housing project, that is used as the principal residence of
the applicant seeking such grant or loan.
``(II) That each applicant for a loan or grant shall be a
permanent resident of the State in which the principal
residence of such applicant is located.
``(III) That each applicant--
``(aa) provide documentation that such applicant either--
``(AA) is suffering from financial hardship which is
unexpected or due to circumstances beyond the control of the
applicant; or
``(BB) is eligible for homeownership counseling under
subsection (c)(4); and
``(bb) offer proof that such applicant is unable, without
financial assistance--
``(AA) to correct any delinquency on any amounts past due
on the home loan of such applicant within a reasonable time;
and
``(BB) to make full payment on any home loan payment due
within the next 30 days.
``(IV) That a State Homeownership Protection Center, State
housing finance agency, or any other designated State agency,
or its designee, has determined, in its discretion, that
there is a reasonable prospect that any applicant for a grant
or loan under this paragraph will be able to resume full
payments on the home loan of such applicant not later than 12
months after the date on which such applicant will first
receive any grant or loan amounts under this paragraph.
``(V) That the applicant has not, at any point prior, and
with respect to the same real property, previously received a
grant or loan under this paragraph.
``(F) Loan requirements.--
``(i) Rate of interest.--Any loan under this section shall
carry a simple annual percentage rate of interest which shall
not exceed the prime rate of interest, as such prime rate is
determined from time to time by at least 75 percent of the 30
largest depository institutions in the Nation.
``(ii) No compounding.--Interest on the outstanding
principal balance of any loan under this section shall not
compound.
``(iii) Balance due.--
``(I) In general.--The principal of any loan made under
this paragraph, including any interest accrued on such
principal, shall not be due and payable unless--
``(aa) the real property securing such loan is sold or
transferred; or
``(bb) the last surviving homeowner of such real property
dies.
``(II) Deposit of balance due.--If either event described
in subclause (I) occurs, the principal of any loan made under
this paragraph, including any interest accrued on such
principal, shall immediately become due and payable to the
State entity from which the loan originated.
``(iv) No penalty for prepayment.--Any homeowner who
receives a loan under this paragraph may repay the loan in
full, without penalty, by lump sum or by installment
payments, at any time prior to the loan becoming due and
payable.
``(v) Cap on loan amount.--The amount of any loan to any 1
homeowner under this section shall not exceed 20 percent of
the original mortgage amount borrowed by the homeowner.
``(vi) Subordination permitted.--Any loan made under this
paragraph will be subordinated to any refinancing of the
first mortgage, any preexisting subordinate financing, any
purchase money mortgage, or subordinated for any other
reason, as determined by the State.
``(G) Existing loan funds.--Any State or State housing
finance agency with a previously existing fund established to
make loans to assist homeowners in satisfying any amounts
past due on their home loan may use funds appropriated for
purposes of this section for that existing loan fund, even if
the eligibility, application, program, or use requirements
for that loan program differ from the eligibility,
application, program, and use requirements of this paragraph,
unless such use is expressly determined by the Secretary to
be inappropriate.'';
(3) in subsection (f)(2)(A), by striking ``and rental
counselors.'' and inserting ``counselors in both pre-purchase
and post-purchase counseling and in training rental
counselors.''; and
(4) by adding at the end the following:
``(g) Duty To Engage in Loss Mitigation.--
``(1) In general.--Upon default of any federally related
mortgage, as defined in section 3(1)(B) of the Real Estate
Settlement Procedures Act of 1974 (12 U.S.C. 2202(1)(B)), a
mortgagee shall engage in reasonable loss mitigation
activities for the purpose of providing an alternative to
foreclosure.
``(2) Defense to foreclosure.--A mortgagee's failure to
comply with the requirements of paragraph (1) constitutes a
defense to the foreclosure.
``(3) No foreclosure if notice of application for home
preservation loan.--A mortgagee shall not initiate or
continue a foreclosure--
``(A) upon receipt of a written confirmation that the
homeowner has applied for a home preservation loan under
subsection (d)(6); and
``(B) for the period of 1 month after receipt of such
written confirmation or until the mortgagee is informed, in
writing, that the homeowner is not eligible for a home
preservation loan, whichever occurs first.
``(4) Definition of loss mitigation activities.--
``(A) In general.--As used in this subsection, the term
`loss mitigation activities' means activities that minimize
the potential losses to a homeowner or investor that may
result from--
``(i) a homeowner's inability to pay the mortgage payments
due on a home loan; and
``(ii) any subsequent foreclosure action.
``(B) Alternative to foreclosure.--Loss mitigation
activities provide alternatives to foreclosure whenever
possible and reasonably ensure the long-term affordability of
any mortgage retained pursuant to such activities.
``(C) Process of mitigation.--
``(i) In general.--Loss mitigation activities involve
reasonably analyzing the borrower's financial situation,
evaluating the property value of the property to be
mortgaged, and assessing the feasibility of measures
including--
``(I) waiver of any late payment charge or, if applicable,
penalty interest;
``(II) forbearance pursuant to a written agreement between
the borrower and the servicer providing for a temporary
reduction in monthly payments followed by a reamortization
and new repayment schedule including the arrearage;
``(III) waiver, modification, or variation of any term of a
mortgage, including modifications that change the mortgage
rate, forgive the payment of principal or interest, extend
the final maturity date of such mortgage, or begin to include
an escrow for taxes and insurance;
``(IV) acceptance of payment from the homeowner of an
amount less than the stated principal balance in final
satisfaction of such mortgage;
``(V) assumption;
``(VI) pre-foreclosure sale; and
``(VII) deed in lieu of foreclosure.
``(ii) Priority.--Activities described in subclauses (V),
(VI), and (VII) shall only be pursued after a reasonable
evaluation of the feasibility of activities described in
subclause (I), (II), (III), and (IV), based upon the
homeowner's circumstances.
``(h) Oversight of Public and Private Efforts To Reduce
Mortgage Defaults and Foreclosures.--
``(1) Monitoring of home loans.--The Secretary, in
consultation with the Department of Housing and Urban
Development, the Office of the Comptroller of the Currency,
the Board of Governors of the Federal Reserve System, the
Federal Deposit Insurance Corporation, the National Credit
Union Administration, and the Office of Thrift Supervision,
shall develop and implement a plan to monitor--
``(A) conditions and trends in the mortgage industry in
order to predict, as best as possible, likely future trends
in foreclosures; and
``(B) the effectiveness of public efforts to reduce
mortgage defaults and foreclosures.
``(2) Annual report to congress on monitoring of home
loans.--Not later than 1 year after the development of the
plan under paragraph (1), and every year thereafter, the
Secretary shall submit a report to Congress that--
``(A) summarizes and describes the findings of the
monitoring required under that subparagraph; and
``(B) includes recommendations or proposals for legislative
or administrative action--
``(i) to increase the authority of the Secretary to levy
penalties against any mortgagee, or other person or entity,
who fails to comply with the requirements described in this
section; and
``(ii) to improve coordination between various public and
private initiatives to reduce the overall rate of mortgage
defaults and foreclosures.
``(3) Compliance plan and report.--The Secretary, in
consultation with the Department of Housing and Urban
Development, the Office of the Comptroller of the Currency,
the Board of Governors of the Federal Reserve System, the
Federal Deposit Insurance Corporation, the National Credit
Union Administration, and the Office of Thrift Supervision,
shall--
``(A) develop a plan to monitor the compliance with the
requirements established in
[[Page S6069]]
this section by mortgagees and other persons or entities; and
``(B) report such plan to Congress.
``(4) Development of a national database on defaults and
foreclosures.--
``(A) In general.--The Secretary, in consultation with the
Department of Housing and Urban Development, the Office of
the Comptroller of the Currency, the Board of Governors of
the Federal Reserve System, the Federal Deposit Insurance
Corporation, the National Credit Union Administration, and
the Office of Thrift Supervision, shall develop
recommendations for a national database on mortgage defaults
and foreclosures.
``(B) Goals of national database.--In developing the
recommendations under subparagraph (A), the Secretary shall
consider the goals of such a national database, which are as
follows:
``(i) To provide Federal regulatory agencies with
information on--
``(I) mortgagees that generate home loans which go into
default or foreclosure at a rate significantly higher than
the national average for such mortgagees; and
``(II) the various factors associated with those higher
rates.
``(ii) To provide information to the Federal Government on
loans, defaults, foreclosures, and sheriff sales--
``(I) which is not otherwise readily available;
``(II) which would allow for a better understanding of
local, regional, and national trends in delinquencies,
defaults, and foreclosures; and
``(III) so that public policies to reduce defaults and
foreclosures may be improved.
``(C) Report on outcomes of home loans.--
``(i) In general.--In order to satisfy the requirement set
forth in this paragraph and paragraph (1), the Secretary
shall promulgate rules within 18 months of the date of
enactment of the Homeownership Protection and Enhancement Act
of 2007 requiring each lender who has originated 100 or more
loans in the previous calendar year on behalf of itself or
another person or entity, or each person or entity that has
serviced 100 or more loans in the previous calendar year on
behalf of itself or another entity, to report to the
Secretary, on an annual basis, whatever data the Secretary,
in consultation with the Department of Housing and Urban
Development, the Office of the Comptroller of the Currency,
the Board of Governors of the Federal Reserve System, the
Federal Deposit Insurance Corporation, the National Credit
Union Administration, and the Office of Thrift Supervision,
deems sufficient to meet the requirements set forth in
subparagraph (B).
``(ii) Content of report.--At a minimum, each report
required under clause (i) shall include data--
``(I) using the same identification requirements for each
loan for which information is submitted as are established
under the Home Mortgage Disclosure Act (12 U.S.C. 2801 et
seq.) for data reporting, namely--
``(aa) year of origination;
``(bb) agency code of originator;
``(cc) respondent identification number of originator; and
``(dd) the identifying number for the loan;
``(II) regarding the characteristics of each home loan
originated in the preceding 12 months by the lender, person,
or entity, including--
``(aa) loan-to-value ratio at the time of origination for
each mortgage on the property;
``(bb) whether or not there is an escrow account for taxes
and insurance;
``(cc) the type of mortgage, such as a fixed-rate or
adjustable-rate mortgage; and
``(dd) any other loan or loan underwriting characteristics
determined by the Secretary, and the regulators with whom the
Secretary consults under the terms of subparagraph (C)(i), to
be necessary in order to meet the requirements of
subparagraph (B) and that are not already available to the
Secretary through a national mortgage database;
``(III) regarding the performance outcomes of each home
loan originated in the preceding 12 months by the lender,
person, or entity, including--
``(aa) if such home loan was in delinquency at any point in
such 12-month period; and
``(bb) if any foreclosure proceeding was initiated on such
home loan during such 12-month period;
``(IV) sufficient to establish for each home loan that at
any point during the preceding 12 months had become 60 or
more days delinquent with respect to a payment on any amount
due under the home loan, or for which a foreclosure
proceeding was initiated, the interest rate on such home loan
at the time of such delinquency or foreclosure;
``(V) regarding foreclosures, including--
``(aa) the date of all foreclosures initiated by the
lender, person, or entity; and
``(bb) the combined loan-to-value ratio of all mortgages on
a home at the time foreclosure proceedings were initiated;
and
``(VI) indicating each home loan for which a foreclosure
proceeding was completed in the preceding 12 months,
including--
``(aa) foreclosure proceedings initiated in such 12-month
period; and
``(bb) the date of the foreclosure completion.
``(D) Requirement of federal financial institutions
examination council to create a consolidated database.--The
Federal Financial Institutions Examination Council shall
create a consolidated database that establishes a connection
between the data provided under the Home Mortgage Disclosure
Act (12 U.S.C. 2801 et seq.) and the data provided under this
subsection.
``(E) Report to congress on national database.--Not later
than 12 months after the date of enactment of the
Homeownership Protection and Enhancement Act of 2007, the
Secretary shall report to Congress the recommendations
required under subparagraph (A).
``(i) Rule of Construction Regarding Mortgagees.--As used
in this section--
``(1) the term `mortgagee'--
``(A) means the original lender under a mortgage; and
``(B) includes--
``(i) any servicers, affiliates, agents, subsidiaries,
successors, or assignees of such lender; and
``(ii) any subsequent purchaser, trustee, or transferee of
any mortgage or credit instrument issued by such lender; and
``(2) the term `servicer' means any person who collects on
a home loan, whether they are the owner, the holder, the
assignee, the nominee for the loan, or the beneficiary of a
trust, or any person acting on behalf of such person.
``(j) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $615,000,000 for fiscal year 2008, of which--
``(A) $300,000,000 shall be for grants to counseling
organizations under subsection (c);
``(B) $260,000,000 shall be for competitive grants to
States to establish revolving loan funds under subsection
(d)(6);
``(C) $50,000,000 shall be for grants to establish and
operate State Homeownership Protection Centers under
subsection (d)(1); and
``(D) $5,000,000 shall be to create the Federal database
under subsection (h)(4);
``(2) $635,000,000 for fiscal year 2009; and
``(3) such sums as necessary for each of fiscal years 2010
through 2012.''.
______
By Ms. SNOWE (for herself and Ms. Collins):
S. 1388. A bill establish a commercial truck highway safety
demonstration program in the State of Maine, and for other purposes; to
the Committee on Environment and Public Works.
Ms. SNOWE. Mr. President, I rise today to join my colleague, Senator
Collins, to introduce legislation that will rectify an impediment to
international commerce flowing through Maine, but more importantly,
will offer a measure of protection that many of my constituents in
Maine do not currently possess.
As many of our colleagues know, expanding upon the current Federal
truck weight limitation of 80,000 pounds is often looked upon as
dangerous, flaunting the safety of drivers who may be faced with a
truck weighing as much as 143,000 pounds, the limit on Interstates in
Massachusetts and New York. While I certainly concur that safety of
drivers is very important, and I have the record to prove it, I ask you
do not overlook the safety of pedestrians as well.
In Maine, where we currently have a limited exemption along the Maine
Turnpike, many trucks traveling to or from the Canadian border or into
upstate Maine are not able to travel on our Interstates as a result of
the 80,000 pound weight limit. This forces many of them onto secondary
roads, many of which are two-lane roads running through small towns and
villages in Maine. Tanker trucks carrying fuel are passing elementary
schools, libraries, and weaving through traffic to reach our Air
National Guard station. Not only is this an inefficient method of
bringing necessary fuel guardsmen that provide our national security,
but imagine if you will one of those tanker trucks rupturing on Main
Street, potentially causing serious damage to property, causing traffic
chaos, and most importantly, killing or injuring drivers and
pedestrians.
This is not a far-fetched scenario. In fact, two pedestrians were
killed in the past year in Maine as a result of overweight trucks on
local roadways, one tragic instance occurring within sight of the
nearby Interstate.
What is the result of such traffic? According to study conducted by
the Maine Department of Transportation, traffic fatalities involving
trucks weighing 100,000 pounds are 10 times greater on secondary roads
in Maine than on the exempted interstates. Serious injuries are seven
times more likely. Not to mention the exorbitant cost of maintaining
these secondary roads, forced to handle these massive trucks. These
roads were not designed to handle this kind of traffic. Our interstates
were, yet these trucks are consistently prevented from traveling on
them.
[[Page S6070]]
The argument against such trucks is that it is a ``slippery slope''
that if you allow one State to have such an exemption, pretty soon
you'll have to give every State such an exemption. Well, I would like
to remind the opponents of this amendment that we are halfway there
already. A total of 27 States already have some type of exemption, and
47 States allow trucks weighing over 80,000 pounds on some roads within
their State. To offer a clear picture of this, if you are driving a
truck weighing 100,000 pounds, you can leave Gary, IN, just outside of
Chicago, and can operate that vehicle all the way to Portland, ME.
There, of course, they have to unload the additional weight to continue
on the Interstate, or travel the remainder of the way through the State
on these local roads, endangering the populace and other drivers.
Conversely, you can operate a truck weighing 90,000 pounds from
Kansas City, MO, and travel to Seattle, WA. So I ask you, is this truly
a legitimate reason for opposition while my constituents are taking
their lives in their hands when merely crossing Main Street?
I would especially like to thank Senator Collins for her steadfast
effort as, side-by-side, we continue to seek a resolution to this
issue.
Ms. COLLINS. Mr. President, I rise to join with my senior colleague
from Maine in sponsoring the Commercial Truck Highway Safety
Demonstration Program Act, an important bill that addresses a
significant safety problem in our State.
Under current law, trucks weighing 100,000 pounds are allowed to
travel on the portion of Interstate 95 designated as the Maine
Turnpike, which runs from Maine's border with New Hampshire to Augusta,
our capital city. At Augusta, the turnpike designation ends, but I-95
proceeds another 200 miles north to Houlton. At Augusta, however, heavy
trucks must exit the modern four-lane, limited-access highway and are
forced onto smaller, two-lane secondary roads that pass through cities,
towns, and villages.
Trucks weighing up to 100,000 pounds are permitted on interstate
highways in New Hampshire, Massachusetts, and New York as well as the
Canadian Provinces of New Brunswick and Quebec. The weight limit
disparity on various segments of Maine's Interstate Highway System is a
significant impediment to commerce, increases wear-and-tear on our
secondary roads, and, most important, puts our people needlessly at
risk.
Senator Snowe and I have introduced this legislation several times in
recent years. We do so this year with a renewed sense of urgency, and
in sorrow. Just last week, Susan Abraham, a bright and talented 17-
year-old high school student from Hampden, ME, lost her life when her
car was struck by a heavy truck on Route 9. The truck driver could not
see Susan's small car turning onto that two-lane road as he rounded a
corner. It was an accident but one that would have been avoided had the
truck remained on the interstate highway. Interstate 95 runs less than
three-quarters of a mile away, but Federal law prevented the truck from
using that modern, divided highway, a highway that was designed to
provide ample views of the road ahead.
That preventable tragedy took place almost 1 year to the day after
Lena Gray, an 80-year-old resident of Bangor, was struck and killed by
a tractor-trailer as she was crossing a downtown street. Again, that
accident would not have occurred had that truck been allowed to use I-
95, which runs directly through Bangor.
The problem Maine faces due to the disparity in truck weight limits
affects many communities, but it is clearly evident in the eastern
Maine cites of Bangor and Brewer. In this region, a 2-mile stretch of
Interstate 395 connects two major state highways that carry significant
truck traffic across Maine. I-395 affords direct and safe access
between these major corridors, but because of the existing Federal
truck weight limit, many heavy trucks are prohibited from using this
multilane, limited access highway.
Instead, these trucks, which sometimes carry hazardous materials, are
required to maneuver through the downtown portions of Bangor and Brewer
on two-lane roadways. Truckers are faced with two options; the first is
a 3.5 mile diversion through downtown Bangor that requires several very
difficult and dangerous turns. The second route is a 7.5 mile diversion
that includes 20 traffic lights and requires travel through portions of
downtown Bangor as well. Congestion is a significant issue, and safety
is seriously compromised as a result of these required diversions.
In June 2004, Wilbur Smiths Associates, a nationally recognized
transportation consulting firm, completed a study to examine the impact
a Federal weight exemption on nonexempt portions of Maine's Interstate
Highway System would have on safety, pavement, and bridges. The study
found that extending the current truck weight exemption on the Maine
Turnpike to all interstate highways in Maine would result in a decrease
of 3.2 fatal crashes per year. A uniform truck weight limit of 100,000
pounds on Maine's interstate highways would reduce highway miles, as
well as the travel times necessary to transport freight through Maine,
resulting in safety, economic, and environmental benefits. Moreover,
Maine's extensive network of local roads would be better preserved
without the wear and tear of heavy truck traffic.
Most important, however, a uniform truck weight limit will keep
trucks on the interstate where they belong, rather than on roads and
highways that pass through Maine's cities, towns, and neighborhoods.
In addition to the safety of motorists and pedestrians, there is a
homeland security aspect to this as well. An accident or attack
involving a heavy truck carrying explosive fuel or a hazardous chemical
on a congested city street would have devastating consequences. That
risk can be alleviated substantially by allowing those trucks to stay
on the open highway.
The legislation that Senator Snowe and I are introducing addresses
the safety issues we face in Maine because of the disparities in truck
weight limits. The legislation directs the Secretary of Transportation
to establish a commercial truck safety pilot program in Maine. Under
the pilot program, the truck weight limit on all Maine highways that
are part of the interstate highway system would be set at 100,000
pounds for three years. During the waiver period, the Secretary would
study the impact of the pilot program on safety and would receive the
input of a panel on which State officials, and representatives from
safety organizations, municipalities, and the commercial trucking
industry would serve. The waiver would become permanent if the panel
determined that motorists were safer as a result of a uniform truck
weight limit on Maine's Interstate Highway System.
Maine's citizens and motorists are needlessly at risk because too
many heavy trucks are forced off the interstate and onto local roads.
The legislation Senator Snowe and I are introducing is a commonsense
approach to a significant safety problem in my State. Our efforts are
widely supported by public officials throughout Maine, including the
Governor, the Maine Department of Transportation, the Maine Secretary
of State, and the Maine State Police. I urge my colleagues to support
this important legislation.
______
By Mr. OBAMA (for himself, Ms. Snowe, and Mr. Bingaman):
S. 1389. A bill to authorize the National Science Foundation to
establish a Climate Change Education Program; to the Committee on
Health, Education, Labor, and Pensions.
Mr. OBAMA. Mr. President, I rise today to introduce legislation,
cosponsored by Ms. Snowe and Mr. Bingaman, to better educate Americans
about climate change. We are today introducing the Climate Change
Education Act, to broaden Americans' understanding of global warming.
There may still be disputes about exactly how much humans contribute
to the warming of our atmosphere. But there is near certainty that the
air we breathe is being changed by ever increased levels of greenhouse
gases, with effects on climate, resources, and habitats.
Last week, I attended a hearing of the Foreign Relations Committee,
where the issue of climate change was shown to also affect our national
security. A report issued by a panel of distinguished military leaders
concluded that climate change will be globally
[[Page S6071]]
destabilizing, leading to diminished access to fresh water, reduced
food production as India and sub-Saharan Africa become hotter and
drier, increased health crises as vector-borne diseases spread, and
displacement of large populations as sea levels rise and coastal lands
flood. As scarcities increase, conflicts over diminishing resources
will also increase. Governments in resource-stressed countries may
collapse. Environmental stresses may lead to human migration and
refugees.
I mention this to emphasize that climate change has surprising
ramifications, and that there is still much that we can all learn about
this issue, with effects that go well beyond traditional environmental
concerns. It is important that we all become better informed, that we
analyze the information about climate change, so that we can learn how
to more rationally respond.
We believe it is important to educate our Nation about the causes and
effects of climate change and about how we might effectively respond.
Reaching a solution to the challenge of climate change will require
changes in both national policy and in our use of energy and resources.
All of this will require a thoughtful understanding of the issue.
The Climate Change Education Act would create a program at the
National Science Foundation, which would provide opportunities for
students and citizens to learn more about global warming. The program
would include a national information campaign to promote new approaches
to addressing climate change and would also establish a competitive
program to provide grants to develop education materials. Earlier this
month, the House of Representatives passed the campanion, H.R. 1728, to
this bill.
I urge my colleagues to support this legislation.
____________________