[Congressional Record Volume 153, Number 91 (Thursday, June 7, 2007)]
[Senate]
[Pages S7335-S7386]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DURBIN:
S. 1561. A bill to amend title 11, United States Code, with respect
to exceptions to discharge in bankruptcy for certain qualified
educational loans; to the Committee on the Judiciary.
Mr. DURBIN. Mr. President, I would like to tell you about Connie
Martin from Sycamore, IL. Connie's son decided to go to culinary school
in Chicago 5 years ago at the age of 25. To pay for tuition, he
borrowed $58,000 in private loans from Sallie Mae at 18 percent
interest. His first payment was $1,100 a month--his entire monthly
salary at a downtown eatery where he worked after graduation. His loan
balance, including government-backed loans, is now $100,000. Connie's
son has been working hard, and she and her husband have been trying to
help him make the payments. I worry for borrowers like Connie's son who
can't start over and will have debt that will likely haunt him for the
rest of his life.
The Chicago Sun-Times recently ran a story that described the
devastating effect large student loan debt has on the lives of
borrowers. Mr. President, I ask unanimous consent that the following
article from the Chicago Sun-Times be inserted for the Record.
Private student loans are the fastest growing and most profitable
sector of the student loan industry. As college tuition continues to
rise, the private loan market flourishes. According to the College
Board, tuition, fees, room and board at public 4-year schools have
risen by 42 percent over the past 5 years from $9,032 to $12,796. Add
books, supplies, transportation and other living expenses, and the
total increases to $16,357 for those paying instate tuition and $26,304
for those paying out-of-state tuition. Students rely on private loans
to pay for any unmet need that Federal loans and grants fail to cover.
According to the College Board, since 2001 the market for private
student loans has grown at an annual rate of 27 percent to $17.3
billion in 2006--roughly 20 percent of total student borrowing. Ten
years ago, only 5 percent of total education loan volume was in private
loans.
Private student loans are more profitable than Federal student loans
because lenders can charge whatever interest rate students will pay,
barring State usury laws. The interest rates and fees on private loans
can be as onerous as credit cards. There are reports of private loans
with interest rates of at least 15 percent and often much higher.
Unlike Federal student loans, there is no government-imposed loan limit
on private loans and no regulation over the terms and cost of these
loans.
Today, I am pleased to introduce a bill that will give students, who
find themselves in dire financial straits, a chance at a new beginning.
My bill takes the bankruptcy law, as it pertains to private student
loans, back to where it was before the law was amended in 2005. Under
this legislation, privately issued student loans will once again be
dischargeable in bankruptcy. My bill also clarifies that existing
protections are specific to loans that were issued by or are guaranteed
by State and Federal Government.
Federally issued or guaranteed student loans have been protected
during personal bankruptcy since 1978. This provision protects Federal
investments in higher education. In 2005, a provision was added to law
to protect the investments of private lenders participating in the
student loan industry. This change in the law creates a couple of
problems. First, extending protections to private lenders of student
loans but not to other potential creditors who are at risk in a
bankruptcy disposition is inherently unfair. Second, such protections
are unfair to the debtor. Repayment schedules--with accumulating
interest--can extend for decades.
With the 2005 protections in place, there is essentially no risk to
lenders making high-cost private loans to people who may not be able to
afford them. There is no risk to private lenders extending credit to
students at schools with low graduation rates and even lower job
placement rates.
Giving private loans such high status in bankruptcy also puts other
creditors at a significant disadvantage. No one seems to know how or
why private student loans gained this status in 2005. There is nothing
in the Congressional Record explaining the reasons behind the change.
Why should a private student loan lender be able to jump to the front
of the creditor line--in front of the local furniture store or the
neighborhood plumber? This bill seeks to restore treatment of privately
issued student loans in bankruptcy to the same treatment as any other
debt.
There is justification for making Federal loans hard to discharge:
they are backed by taxpayer dollars, and they come with some borrower
protections in cases of economic hardship, unemployment, death and
disability. However, private loans involve only private profit and do
not have the protections that government borrowers enjoy, including
caps on interest rates, flexible repayment options, and limited
[[Page S7336]]
cancellation rights. Why should student borrowers, who are trying to
better themselves and our country, be treated in the same manner as
people trying to escape child support payments, alimony, overdue taxes,
and criminal fines?
The 1950s and 1960s saw the democratization of higher education. The
GI Bill provided money for returning WWII veterans to attend college.
The National Defense Education Act made college a possibility by making
low-interest education loans available for countless students all
across the country. Talented kids from working families began realizing
the possibility of college, and enrollment at colleges swelled. But
since then, college costs have gone through the roof. And students--
heeding the call to obtain a good education--are also earning
themselves years of debt. The average student is graduating with nearly
$20,000 in debt and in many cases--much, much more--just look at Connie
Martin's son. Our country has made great strides in making college a
reality for countless students. Let's not reverse the positive trend we
started over 50 years ago. That is why I am introducing this bill--to
give students a chance at a fresh start.
Mr. President, I ask unanimous consent that the text of the bill and
an article of support be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 1561
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. DISCHARGE IN BANKRUPTCY FOR CERTAIN EDUCATIONAL
LOANS.
Section 523(a)(8) of title 11, United States Code, is
amended by striking ``dependents, for'' and all that follows
through subparagraph (B) and inserting ``dependents, for an
educational benefit overpayment or loan made, insured, or
guaranteed by a governmental unit, or an obligation to repay
funds received from a governmental unit as an educational
benefit, scholarship, or stipend.''.
____
[From the Sun Times, May 6, 2007]
Students and Loans: 'Til Death Do Us Part
(By Dave Newbart)
They liken it to a financial death sentence.
They can't get a car loan, a home mortgage or any other
type of loan. They've lost jobs and even spouses over it.
They are so humiliated they don't want any of their friends
or family to know.
And for most, there is no way out.
They are former students trapped under the weight of
student loans. The same vehicle that allowed them to get a
college education has left many graduates buried in debt with
no reasonable way to climb out.
Some students who never graduate are stuck paying off loans
without the earning power of a degree--an estimated
additional $1 million in lifetime earnings.
And some students who finish can't afford the monthly
payments. Others lose jobs and can't catch back up. Then they
get turned down by employers who increasingly check credit
records before hiring.
Some say they would make small monthly payments to show
good faith--only to see their balances continue to grow and
to receive harassing phone calls from collectors.
To be sure, most borrowers pay on time; default rates are
at an all-time low.
But for those who run into trouble, changes in federal
laws--including many in the last decade--have made student
loans among the hardest debts to discharge. They've also made
the loans among the most lucrative for private lenders, who
face little risk--because the government backs the loans--but
reap the benefits when balances balloon.
Some borrowers say they accept reasonable interest, but
they believe the fees and penalties--which over time can
double or triple the loan balances--are unfair.
Interest rate over 18 percent
Many of the students awash in debt say that they were
blinded by the promise a college degree holds and unprepared
to take on high levels of debt at such a young age.
Connie Martin's son signed up for cooking school in Chicago
in 2002 at age 25. To pay for it, he borrowed $73,000, mostly
in private loans from Sallie Mae, the largest student lender,
at 18 percent interest.
``He didn't know what the interest rate was. . . . He just
wanted to go to school,'' said Martin, of Sycamore.
His first payment was $1,100 a month, his entire monthly
salary at a downtown eatery where he went to work after
graduation.
``I don't understand how they can lend a kid that kind of
money with no credit history, who never owned anything, with
no co-signers,'' said his mother, who only learned of the
situation after the bills started to pile up.
Sallie Mae officials said they no longer offer such high-
interest loans, and have offered students a chance to
refinance at a lower rate if certain conditions are met. ``We
recognize it's high,'' spokeswoman Martha Holler said.
Martin's son declined to comment. His balance has since
grown to $98,000.
It's like indentured servitude
Greg Treece, of Downstate Mattoon, now wishes he never
enrolled in Washington University's Occupational Therapy
program. ``Choosing an expensive private school and borrowing
the money to go there is the single greatest mistake I have
ever made,'' he said.
Treece took out $84,000 in loans. Six months after he got
out of the St. Louis school, his monthly payment was more
than half his take-home pay for his first job in Chicago. He
later lost his job. With compounding interest, his loan
quickly skyrocketed. At times he seriously wished he could go
to jail in exchange for wiping out the debt.
With a new job, he's managed to pay $60,000, but his
balance remains at $111,000 because of fees, penalties and
interest. ``It's like indentured servitude,'' he said.
For those who default, lenders can truly play hardball,
often employing no-scruples private collection firms that
call borrowers as often as 10 times a day.
Shirley, an Ivy League-educated lawyer, lost her job in
Chicago in the late 1980s. She pleaded for reduced payments
from a collector working for the Illinois Student Assistance
Commission--but was denied.
``I said you are driving me to bankruptcy,'' she recalled.
``They wouldn't budge.''
In bankruptcy court ISAC claimed she owed $78,000, which
included $13,000 for collection costs, 20 percent of the
total debt. Nearly all of the debt was eventually erased,
according to court records.
Because that was before the recent law changes, she should
have been clear.
Loan chief admits ``mistakes''
But several years later, the collectors began calling
again--first from ISAC and then from the U.S. Education
Department. They claimed the bill was now over $100,000.
``It was as though they were above the law,'' she said. She
eventually went to court again and proved she no longer owed
the money, but her husband left her in the process. She asked
that her real name not be used out of fear of retaliation.
ISAC and the Education Department say they have several
programs that allow students to delay payments in hard times
or make lower ones based on income. Officials say they try to
help borrowers in default get back into good standing, a
process known as rehabilitation. Last year, ISAC rehabbed $30
million in defaulted loans, up from $4.4 million in 2002.
Agency director Andy Davis says the agency has to strike a
balance between helping borrowers repay and making sure
taxpayers aren't left in the lurch.
But he acknowledges his workers ``make mistakes'' and said
he is looking to make changes in some of the outsourcing of
collections.
Then there are those with hard luck, who make bad decisions
or just simply can't get a break.
Richard and Sheila Friese both have degrees from Southern
Illinois University, financed in part on student loans. They
were also both discharged from the Navy after suffering
injuries while serving stateside. Richard is learning
disabled.
They have never been able to find high-paying jobs; now
they both use wheelchairs to get around and suffer from
ailments including arthritis, constant abdominal pain and
chronic fatigue. They're currently fighting with the Veterans
Administration over benefits; they also are wrangling with
the Social Security Administration.
Collector: ``We will never go away''
They currently have no income to pay off their combined
$141,000 loan balance. ISAC has seized $3,200 in tax refunds
from Sheila, 37. Richard, 49, avoids the phone after
constantly being called by collectors for Sallie Mae--one of
whom he claims called him a ``low-life, S.O.B.'' Holler said
Sallie Mae's collectors are trained in fair debt collection
practices. ``That should not happen,'' she said.
If this were virtually any other debt, experts say, the
couple would be able to discharge some or all of it through
bankruptcy. But the Frieses, of Mundelein, are stuck. ``Our
life has hit a brick wall,'' Richard said.
Davis said it might make sense for the federal government
to ``write off'' debt if borrowers--particularly vets--have
no hope of paying.
Pam, 58, of Dolton, graduated from Downstate SIU-
Edwardsville in 1984, but spent time on welfare. She
eventually defaulted on her loan after a dispute over the
amount of the balance and monthly payments. Her $12,500 in
loans has grown to $28,000. Experts say borrowers should
continue to make payments during a dispute so the loan
doesn't get out of control.
She has gone underground, blocking collectors' calls and
running her own business so her wages can't be garnisheed.
But when collectors do get through, they have a harsh
message. ``When they call they say, `We will never go away
until you are dead.'''
UP, UP AND AWAY
Percent of students with loans
1993: less than 50 percent
2004: 66 percent
Average debt for graduating seniors
1993: $9,250
2004: $19,200
Number of graduating seniors with debt over $40,000
1993: 7,000
[[Page S7337]]
2004: 78,000
______
By Mr. BIDEN:
S. 1562. A bill to direct the Secretary of Energy to provide grants
to States for the distribution of compact fluorescent lights; to the
Committee on Energy and Natural Resources.
Mr. BIDEN. Mr. President, I rise today to introduce the Fluorescent
Light Implementation Program to Save Americans Value and Energy, or
FLIP-to-SAVE. This bill does something very simple to save Americans
money and make us more energy efficient. It distributes compact
fluorescent light-bulbs. We can save green two ways by changing our
light-bulbs.
Compact fluorescent light-bulbs, or CFLs, are highly efficient light-
bulbs that use less than a quarter of the energy of traditional
incandescent bulbs. The FLIP-to-SAVE program will spend $50 million to
increase public awareness of how CFLs save money and the environment
and to distribute them to households across the Nation. It is modeled
after a successful program in my home State of Delaware, which
distributed 140,000 CFLs through public libraries. The FLIP-to-SAVE
program will give States grants, to allow each State to develop a
program that suits it best, though I expect many will be modeled after
Delaware's system.
Through this program, we can expect to replace 16 million inefficient
incandescent bulbs with CFLs, reducing total residential energy bills
by over $60 million each year. That means the program ought to pay for
itself in terms of savings to families in just one year. And that's
without considering the environmental benefits.
By reducing our energy consumption in the equivalent of 127,000
homes, about the size of Buffalo, NY, we can help alleviate our energy
dependence and reduce our greenhouse gas emissions. In fact, one
equivalent CFL replacing a 60 watt incandescent will prevent 1000
pounds of carbon dioxide through reductions in coal-powered
electricity. That is 1.1 million tons of carbon dioxide each year.
Energy efficiency is a key to our efforts to address climate change.
There are many simple steps we can take to use less energy, and this is
one. The FLIP-to-SAVE program will not just reduce carbon emissions,
but also reduce electric bills for American families by more than its
price tag. I ask 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. 1562
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 ``Fluorescent Lightbulb
Implementation Program to Save Americans Value and Energy''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Low-income household.--The term ``low-income
household'' means a household with a total annual household
income that does not exceed the greater of--
(A) an amount equal to 150 percent of the poverty level of
a State; or
(B) an amount equal to 60 percent of the State median
income.
(2) Medium base compact fluorescent lamp.--The term
``medium base compact fluorescent lamp'' has the meaning
given the term in section 321(30)(S) of the Energy Policy and
Conservation Act (42 U.S.C. 6291(30)(S)).
(3) Poverty level.--The term ``poverty level'' has the
meaning given the term in section 2603 of the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8622).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(5) State.--The term ``State'' means--
(A) a State; and
(B) the District of Columbia.
(6) State median income.--The term ``State median income''
has the meaning given the term in section 2603 of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622).
SEC. 3. COMPACT FLUORESCENT LIGHTING GRANT PROGRAM.
(a) Establishment.--The Secretary shall establish and carry
out a program under which the Secretary shall provide grants
to States for the distribution of medium base compact
fluorescent lamps to households in the State.
(b) Application Requirements.--To be eligible to receive a
grant under this section a State shall--
(1) submit to the Secretary an application, in such form
and by such date as the Secretary may specify, that
contains--
(A) a plan describing the means by which the State will use
the grant funds; and
(B) such other information as the Secretary may require;
and
(2) agree--
(A) to conduct public education activities to provide
information on--
(i) the efficiency of using medium base compact fluorescent
lamps; and
(ii) the cost savings associated with using medium base
compact fluorescent lamps;
(B) to conduct outreach activities to ensure, to the
maximum extent practicable, that households in the State are
informed of the distribution of the medium base compact
fluorescent lamps in the State;
(C) to coordinate activities under this section with
similar and related Federal and State programs; and
(D) to comply with such other requirements as the Secretary
may establish.
(c) Priority.--A State that receives a grant under this
section shall give priority to distributing medium base
compact fluorescent lamps to low-income households in the
State.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated
$50,000,000 to carry out this Act.
(b) Congressional Intent.--It is the intent of Congress
that the amounts made available under this section shall
supplement, not supplant, amounts provided under sections 361
through 364 of the Energy Policy and Conservation Act (42
U.S.C. 6321 through 6324).
______
By Mr. DURBIN (for himself, Mr. Brownback, Mr. Dodd, Mr. Obama,
Mr. Lieberman, Ms. Klobuchar, Ms. Mikulski, Mrs. Murray, Mr.
Nelson of Florida, Mr. Wyden, and Mrs. Clinton):
S. 1563. A bill to require the disclosure of certain activities
relating to the petroleum industry of Sudan, to increase the penalties
for violations of sanctions provisions, and for other purposes; to the
Committee on Banking, Housing, and Urban Affairs.
Mr. DURBIN. Mr. President, the suffering in Darfur and Sudan on the
continent of Africa continues today as it has every day for too many
years. I rise again to urge my colleagues that we must do more to end
this crisis in Sudan. Two weeks ago, before the Memorial Day recess, I
came to the floor to highlight some of the positive steps taken thus
far by Congress, the Bush administration, the business community, and
nonprofits to pressure the Sudanese regime to end this genocide. I said
then and I will repeat today: We must do more.
In that speech I urged the President to follow through on what he
promised to do in April at the Holocaust museum just down the street in
Washington. To the President's credit, last week he took steps forward.
He tightened United States economic sanctions on Sudan. He targeted
sanctions against more individuals responsible for the violence, and he
vowed to push for a strong new United Nations Security Council
resolution that would further pressure the Sudanese regime. I applaud
the President for his leadership. But I repeat, we must do more.
On March 28, as Treasury Secretary Paulson testified in front of the
Appropriations subcommittee I chair, I asked the Secretary: What
resources does the Treasury Department need to put more pressure on the
Sudanese Government to end the genocide? His answer:
. . . We'd like the flexibility to charge a larger fine,
because $50,000 may not be enough.
He was talking about civil and criminal penalties that violators of
American sanctions on Sudan should face and the fact that the current
penalties are not much of a deterrent. It was a concrete suggestion
from the administration, and I agreed to accept his challenge. Based on
that testimony, more discussions with the Treasury Department, the
Securities and Exchange Commission, the State Department, and other
agencies, we created the Sudan Disclosure and Enforcement Act which I
introduce today. This act provides the administration and all Americans
with more resources and tools and information so we can each do our
part to end the genocide and bring peace to Darfur. It creates real
consequences for those who support the Sudanese regime and, perhaps
most importantly, it requires the administration and Congress to meet
in 90 days to reassess the steps that need to be taken to help to end
the crisis.
For my colleagues who are considering supporting this legislation,
here is what the bill will do in specifics: first, express the sense of
Congress that the international community should continue to bring
pressure against the Government of Sudan to convince that regime that
the world would not allow this crisis to continue; second, authorize
greater resources for the Office of
[[Page S7338]]
Foreign Assets Control within the Department of the Treasury to
strengthen its capabilities in tracking Sudanese economic activity and
pursuing sanctions violators; third, require more detailed SEC
disclosures by United States listed companies that operate in the
Sudanese petroleum sector so investors can make informed decisions
regarding divestment from these companies; fourth, dramatically
increase civil and criminal penalties for violating American economic
sanctions to create a true deterrent against transacting with barred
Sudanese companies; fifth, require the administration to report on the
effectiveness of the current sanctions regime and recommend other steps
Congress could take to help end the crisis.
I am proud to introduce this legislation with bipartisan support. I
particularly thank the ranking member of the Financial Services and
General Government Appropriations Subcommittee, my friend and colleague
Senator Sam Brownback of Kansas, for all of his great work on this
issue. I am pleased to be joined by all of the other original
cosponsors as well: Senators Dodd, who also chairs the Banking
Committee and is a great ally; Senators Klobuchar, Mikulski, Bill
Nelson, Obama, and Wyden.
I urge all my colleagues on both sides of the aisle to join this
effort. As we move around our States and visit parts of the country,
occasionally a person will come up after a meeting and say to me:
Senator, what are you doing about Darfur? Didn't your country, America,
declare a genocide? What are you doing?
Frankly, aside from speeches on the floor and an occasional
resolution, bills of very little consequence, there hasn't been much to
point to. I hope my colleagues who face that same question and worry
that the response is so inadequate will take a good look at this
legislation. I hope they will join me in cosponsoring this effort. We
should pass this measure, work with our House colleagues and do the
same, send this bill to the President. The President said in April:
You who have survived evil know that the only way to defeat
it is to look it in the face and not back down. It is evil
that we are now seeing in Sudan, and we're not going to back
down.
The President went on to say:
No one who sees these pictures can doubt that genocide is
the only word for what is happening in Darfur and that we
have a moral obligation to stop it.
I completely agree with the President. It has been more than 2\1/2\
years since the President called what is taking place in Darfur, Sudan
by its rightful name--genocide. Yet even as an estimated 200,000 to
400,000 people have been killed, even as over 2 million men, women, and
tiny children have been forced from their homes by violence and
killing, even as the violence continues as we meet in the safety and
comfort of this great Nation, America and the entire international
community have not done enough to help. We must do more. This bill
moves in the right direction. It gives our Government the tools and the
encouragement to act and act quickly.
I urge my colleagues to support it.
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. 1563
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 ``Sudan Disclosure and
Enforcement Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On July 22, 2004, the Senate passed Senate Concurrent
Resolution 133, 108th Congress, and the House of
Representatives passed House Concurrent Resolution 467, 108th
Congress, both resolutions declaring that ``the atrocities
unfolding in Darfur, Sudan, are genocide''.
(2) On September 9, 2004, President Bush declared that ``we
have concluded that genocide has taken place in Darfur''.
(3) On June 30, 2005, President Bush affirmed that ``the
violence in Darfur region is clearly genocide [and t]he human
cost is beyond calculation''.
(4) On May 8, 2006, President Bush reaffirmed, ``We will
call genocide by its rightful name, and we will stand up for
the innocent until the peace of Darfur is secured.''.
(5) On November 20, 2006, the Presidential Special Envoy to
Sudan, Andrew S. Natsios, stated in a briefing to members of
the press, ``And there's a point--January 1st is either we
see a change or we go to Plan B.''.
(6) On February 20, 2007, Special Envoy Natsios stated in
an interview with the Council on Foreign Relations, ``We
needed to send a message to the Sudanese government that we
were no longer simply going to continue with the situation
the way it's been the last four years, that there was a
change. We are considering more aggressive measures should we
make no progress in the humanitarian area, in the political
negotiations, and in the implementation of Kofi Annan and Ban
Ki-moon's plan to introduce . . . additional forces.''.
(7) On April 18, 2007, President Bush stated, ``It is evil
we are now seeing in Sudan--and we're not going to back
down.''.
(8) The Government of Sudan, as of the date of the
introduction of this Act, has announced its willingness to
accept 3,000 United Nations peacekeepers and their equipment,
but has continued to obstruct the full-scale joint United
Nations-African Union peacekeeping mission authorized under
United Nations Security Council Resolution 1706 (2006) and to
prevent sufficient humanitarian access to meet the urgent
needs of the people of Darfur.
(9) Congress supports the objectives of a ``Plan B'' as
outlined in the press and elsewhere to increase pressure on
the Government of Sudan to accept a greatly expanded
peacekeeping mission with a mandate to protect the people of
Darfur.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the President should--
(1) continue to work with other members of the
international community, including the Permanent Members of
the United Nations Security Council, the African Union, the
European Union, the Arab League, and the Government of Sudan
to facilitate the urgent deployment of a peacekeeping force
as called for by United Nations Security Council Resolution
1706 (2006); and
(2) bring before the United Nations Security Council, and
call for a vote on, a resolution requiring meaningful
multilateral sanctions against the Government of Sudan in
response to its acts of genocide against the people of Darfur
and its continued refusal to allow the implementation of a
peacekeeping force as called for by Resolution 1706.
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations, the Committee on
Foreign Relations, and the Committee on Banking, Housing, and
Urban Affairs of the Senate; and
(B) the Committee on Appropriations, the Committee on
Foreign Affairs, and the Committee on Financial Services of
the House of Representatives.
(2) Person.--The term ``person'' means an individual,
partnership, corporation, or other entity, including a
government or an agency of a government.
(3) Sudan.--
(A) Sudan.--The term ``Sudan'' means the Republic of Sudan
and any territory under the administration or control of the
Government of Sudan.
(B) Southern sudan and designated areas.--The term
``Southern Sudan and designated areas'' means Southern Sudan,
Southern Kordofan/Nuba Mountains State, Blue Nile State,
Abyei, or Darfur.
SEC. 5. DISCLOSURE TO THE SEC OF ACTIVITIES RELATING TO THE
PETROLEUM INDUSTRY IN SUDAN.
Section 13 of the Securities Exchange Act of 1934 (15
U.S.C. 78m) is amended by adding at the end the following new
subsection:
``(m) Disclosure of Activities Relating to the Petroleum
Industry in Sudan.--
``(1) In general.--Not later than 90 days after the date of
the enactment of this subsection, the Securities and Exchange
Commission shall promulgate rules requiring any person
described in paragraph (2) to disclose to the Securities and
Exchange Commission--
``(A) activities described in paragraph (3) if such
activities result in gross receipts to or total investments
from such person of $1,000,000 or more a year; and
``(B) the geographic area within Sudan where such
activities occurred, and specifically if such activities took
place solely within Southern Sudan and designated areas.
``(2) Person described.--A person, as defined in paragraph
(6)(C), is described in this paragraph if the person--
``(A) is an issuer of securities registered under section
12; and
``(B) either--
``(i) engages in or facilitates activities described in
paragraph (3); or
``(ii) controls or is controlled by a person that engages
in or facilitates activities described in paragraph (3).
``(3) Activities described.--An activity described in this
paragraph is the exploration, development, extraction,
processing, exportation, or sale of petroleum products
produced in Sudan.
``(4) Waiver.--The President may waive the disclosure
requirements described in paragraph (1) for periods not to
exceed 1 year if the President--
``(A) determines that such a waiver is in the national
interest of the United States; and
[[Page S7339]]
``(B) not later than 7 days before granting the waiver,
reports to the appropriate congressional committees regarding
the intention of the President to waive the disclosure
requirements described in paragraph (1) and the reasons the
waiver is in the national interest of the United States.
``(5) Termination of disclosure requirements.--The
disclosure requirements described in paragraph (1) shall
terminate if the Secretary of State--
``(A) determines that the Government of Sudan no longer
provides support for acts of international terrorism for
purposes of--
``(i) section 40 of the Arms Export Control Act (22 U.S.C.
2780);
``(ii) section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371); and
``(iii) section 6(j) of the Export Administration Act of
1979 (50 U.S.C. App. 2405(j)), as in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.); and
``(B) certifies to the appropriate congressional committees
that the Government of Sudan has demonstrated significant
improvement in protecting the civilian population of Darfur,
such as by allowing a substantial United Nations-African
Union peacekeeping mission with the mandate and means to
protect civilians and allow for the safe return of persons
displaced by the violence in Darfur.
``(6) Definitions.--In this subsection:
``(A) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(i) the Committee on Appropriations, the Committee on
Foreign Relations, and the Committee on Banking, Housing, and
Urban Affairs of the Senate; and
``(ii) the Committee on Appropriations, the Committee on
Foreign Affairs, and the Committee on Financial Services of
the House of Representatives.
``(B) Control.--The term `control' means--
``(i) in the case of a corporation, to hold at least 50
percent (by vote or value) of the capital structure of the
corporation; and
``(ii) in the case of any other entity, to hold interests
representing at least 50 percent of the capital structure of
the entity.
``(C) Is controlled by.--The term `is controlled by'
means--
``(i) in the case of a corporation, to have at least 50
percent (by vote or value) of the capital structure of the
corporation held by another person; and
``(ii) in the case of any other entity, to have interests
representing at least 50 percent of the capital structure of
the entity held by another person.
``(D) Foreign person.--The term `foreign person' means a
person--
``(i) in the case of an individual, who is an alien; or
``(ii) in the case of a partnership, corporation, or other
entity, that is organized under the laws of a foreign country
or that has its principal place of business in a foreign
country.
``(E) Person.--
``(i) In general.--The term `person' means an individual,
partnership, corporation, or other entity, including a
government or an agency of a government.
``(ii) Exception.--The term `person' does not include--
``(I) any person engaging solely in transactions or
activities in Sudan that are authorized or exempted pursuant
to the Sudanese Sanctions Regulations (part 538 of title 31,
Code of Federal Regulations);
``(II) foreign nongovernmental organizations (except
agencies of the Government of Sudan) that--
``(aa) have consultative status with the United Nations
Economic and Social Council; or
``(bb) have been accredited by a department or specialized
agency of the United Nations; or
``(III) a foreign person whose business activities in Sudan
are strictly limited to providing goods and services that
are--
``(aa) intended to relieve human suffering;
``(bb) intended to promote welfare, health, religious, or
spiritual activities;
``(cc) used for educational or humanitarian purposes;
``(dd) used for journalistic activities; or
``(ee) used for such other purposes as the Secretary of
State may determine serve the foreign policy interests of the
United States.
``(F) Sudan.--
``(i) Sudan.--The term `Sudan' means the Republic of Sudan
and any territory under the administration or control of the
Government of Sudan.
``(ii) Southern sudan and designated areas.--The term
`Southern Sudan and designated areas' means Southern Sudan,
Southern Kordofan/Nuba Mountains State, Blue Nile State,
Abyei, or Darfur.''.
SEC. 6. INCREASED PENALTIES FOR VIOLATIONS OF IEEPA.
(a) In General.--Section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) is amended to read as
follows:
``SEC. 206. PENALTIES.
``(a) Unlawful Acts.--It shall be unlawful for a person to
violate, attempt to violate, conspire to violate, or cause a
violation of any license, order, regulation, or prohibition
issued under this title.
``(b) Civil Penalty.--A civil penalty may be imposed on any
person who commits an unlawful act described in subsection
(a) in an amount not to exceed the greater of--
``(1) $250,000; or
``(2) an amount that is twice the amount of the transaction
that is the basis of the violation with respect to which the
penalty is imposed.
``(c) Criminal Penalty.--A person who willfully commits,
willfully attempts to commit, or willfully conspires to
commit, or aids or abets in the commission of, an unlawful
act described in subsection (a) shall, upon conviction, be
fined not more than $1,000,000, or if a natural person, may
be imprisoned for not more than 20 years, or both.''.
(b) Effective Date.--The amendment made by subsection (a)
applies to violations described in section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
with respect to which enforcement action is pending or
commenced on or after the date of the enactment of this Act.
SEC. 7. REPORT ON AND PUBLIC DISCLOSURE OF ACTIVITIES IN THE
PETROLEUM INDUSTRY OF SUDAN.
(a) Report on Activities Relating to the Petroleum Industry
of Sudan.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of State, the Secretary of
Energy, and the Director of National Intelligence, shall
prepare and submit to the appropriate congressional
committees a written report on the overall impact of economic
sanctions on the Government of Sudan and the crisis in
Darfur.
(2) Contents of report.--The report required by paragraph
(1) shall include--
(A) the name of persons identified by the Office of Foreign
Assets Control as specially designated nationals; and
(B) the economic and political impact of sanctions on the
Government of Sudan.
(3) Form of report.--The report shall be submitted in
unclassified form, but may contain a classified annex
relating to the assessment under paragraph (2)(B).
(b) Briefing on Report.--Not later than 14 days after
submitting the report required by subsection (a), the
Secretary of the Treasury, the Secretary of State, the
Secretary of Energy, the Director of National Intelligence,
and representatives of the Securities and Exchange Commission
shall brief the appropriate congressional committees on the
contents of the report.
(c) Disclosure on SEC Website.--
(1) In general.--Not later than 14 days after promulgating
the rules required by section 13(m) of the Securities
Exchange Act of 1934, as added by section 5, the Securities
and Exchange Commission shall make available on its website,
in an easily accessible and searchable format, the
information collected pursuant to the disclosure requirements
of such section 13(m), including--
(A) the names of persons that made disclosures under such
section 13(m);
(B) the specific activities related to the petroleum
industry of Sudan in which such persons engaged; and
(C) the geographic area within Sudan where such activities
occurred, and specifically if such activities took place
solely within Southern Sudan and designated areas.
(2) Maintenance.--The Securities and Exchange Commission
shall maintain and update regularly the information on the
website of the Commission under paragraph (1).
(d) Government Procurement Contracts.--
(1) In general.--Not later than 45 days after the
submission of the report required by subsection (a), the
Administrator of General Services shall determine whether the
United States Government has in effect a contract for the
procurement of goods or services with any person identified
in the report required by subsection (a).
(2) Report.--If the Administrator determines that the
United States Government has in effect a contract for the
procurement of goods or services with a person identified in
the report required by subsection (a), the Administrator
shall submit to the appropriate congressional committees a
report--
(A) naming each person identified in the report required by
subsection (a);
(B) the nature of the contract; and
(C) the dollar amount of the contract.
SEC. 8. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OFAC.
(a) In General.--There are authorized to be appropriated
$2,000,000 to the Office of Foreign Assets Control for fiscal
year 2008, to support intelligence gathering, licensing,
compliance, and administrative activities associated with the
enforcement of sanctions against Sudan and persons operating
in Sudan.
(b) Supplement Not Supplant.--Funds appropriated pursuant
to the authority of subsection (a) shall be used to
supplement and not supplant other amounts authorized to be
appropriated for the Office of Foreign Assets Control.
SEC. 9. NOTIFICATION OF TERMINATION OF SANCTIONS.
(a) In General.--Not later than 15 days after the date on
which any sanction described in subsection (b) is terminated,
the President shall publish in the Federal Register notice
that such sanction has been terminated.
(b) Sanctions Described.--A sanction described in this
subsection is a sanction imposed pursuant to--
(1) the Darfur Peace and Accountability Act of 2006 (Public
Law 109-344; 50 U.S.C. 1701 note);
(2) the Comprehensive Peace in Sudan Act of 2004 (Public
Law 108-497; 50 U.S.C. 1701 note);
[[Page S7340]]
(3) the Sudan Peace Act (Public Law 107-245; 50 U.S.C. 1701
note);
(4) the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.);
(5) chapter 5 of title 31, Code of Federal Regulations; or
(6) any other provision of law, regulation, or executive
order relating to Sudan.
SEC. 10. REPEAL.
Section 6305 of the U.S. Troop Readiness, Veterans' Care,
Katrina Recovery, and Iraq Accountability Appropriations Act,
2007 (Public Law 110-28) is repealed.
______
By Mr. BIDEN (for himself and Mr. Lugar):
S. 1565. A bill to provide for the transfer of naval vessels to
certain foreign recipients; to the Committee on Foreign Relations.
Mr. BIDEN. Mr. President, today, Senator Lugar and I are introducing
the Naval Vessel Transfer Act of 2007, a bill to permit the transfer of
certain U.S. Navy vessels to particular foreign countries. All of the
proposed ship transfer authorizations have been requested by the U.S.
Navy, with the approval of the Office of Management and Budget.
Pursuant to section 824(b) of the National Defense Authorization Act
for Fiscal Year 1994, as amended, 10 U.S.C. 7307(a), a naval vessel
that is in excess of 3,000 tons or that is less than 20 years of age
may not be disposed of to another nation unless the disposition of that
vessel is approved by law enacted after August 5, 1974. The bill we are
introducing today would provide that required approval for eight
transfers: two guided missile frigates and two minehunter coastal ships
for Turkey; two minehunter coastal ships for Lithuania; and two
minehunter coastal ships for Taiwan.
The bill also contains provisions that are traditionally included in
ship transfer bills, relating to transfer costs and repair and
refurbishment of the ships, and exempting the value of a vessel
transferred on a grant basis from the aggregate value of excess defense
articles in a given fiscal year.
The authority provided by this bill would expire 2 years after the
date of enactment of the bill.
Similar legislation was passed by the Senate last year, but was
objected to in the House of Representatives because of concern
regarding the proposal to transfer minehunter coastal ships. That issue
was also raised by Members of the Senate Armed Services Committee, but
members of that committee were persuaded by the Executive branch that
the transfers would not degrade U.S. Navy capabilities. We invite
interested colleagues to let us know if there is any residual concern
among Members of the Senate, so that we can arrange for the Executive
branch to brief members and determine if there is any objection to
expeditious passage of this bill.
Finally, the Department of Defense has provided the following
information on this bill:
This bill would authorize the President to grant transfer
five excess naval vessels to Turkey and Lithuania and to sell
three excess naval vessels to Taiwan and Turkey.
These proposed transfers would improve the United States'
political and military relationships with close allies. They
would support strategic engagement goals and regional
security cooperation objectives. Active use of former naval
vessels by coalition forces in support of regional priorities
is more advantageous than retaining vessels in the Navy's
inactive fleet and disposing of them by scrapping or another
method.
The United States would incur no costs in transferring
these naval vessels. The recipients would be responsible for
all costs associated with the transfers, including
maintenance, repairs, training, and fleet turnover costs.
This bill does not alter the effect of the Toxic Substances
Control Act, or any other law, with regard to their
applicability to the transfer of ships by the United States
to foreign countries for military or humanitarian use. The
laws and regulations that apply today would apply in the same
manner if this bill were enacted.
The Department of Defense estimates that the sale of these
vessels may net the United States $52.7 million in fiscal
year 2008.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no ojection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1565
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 ``Naval Vessel Transfer Act of
2007''.
SEC. 2. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN
RECIPIENTS.
(a) Transfers by Grant.--The President is authorized to
transfer vessels to foreign recipients on a grant basis under
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j), as follows:
(1) Turkey.--To the Government of Turkey--
(A) the OLIVER HAZARD PERRY class guided missile frigates
GEORGE PHILIP (FFG-12) and SIDES (FFG-14); and
(B) the OSPREY class minehunter coastal ship BLACKHAWK
(MHC-58).
(2) Lithuania.--To the Government of Lithuania, the OSPREY
class minehunter coastal ships CORMORANT (MHC-57) and
KINGFISHER (MHC-56).
(b) Transfers by Sale.--The President is authorized to
transfer vessels to foreign recipients on a sale basis under
section 21 of the Arms Export Control Act (22 U.S.C. 2761),
as follows:
(1) Taiwan.--To the Taipei Economic and Cultural
Representative Office of the United States (which is the
Taiwan instrumentality designated pursuant to section 10(a)
of the Taiwan Relations Act (22 U.S.C. 3309(a))), the OSPREY
class minehunter coastal ships ORIOLE (MHC-55) and FALCON
(MHC-59).
(2) Turkey.--To the Government of Turkey, the OSPREY class
minehunter coastal ship SHRIKE (MHC-62).
(c) Grants Not Counted in Annual Total of Transferred
Excess Defense Articles.--The value of a vessel transferred
to a recipient on a grant basis pursuant to authority
provided by subsection (a) or (c) shall not be counted
against the aggregate value of excess defense articles
transferred in any fiscal year under section 516 of the
Foreign Assistance Act of 1961.
(d) Costs of Transfers.--Any expense incurred by the United
States in connection with a transfer authorized by this
section shall be charged to the recipient.
(e) Repair and Refurbishment in United States Shipyards.--
To the maximum extent practicable, the President shall
require, as a condition of the transfer of a vessel under
this section, that the recipient to which the vessel is
transferred have such repair or refurbishment of the vessel
as is needed before the vessel joins the naval forces of the
recipient performed at a shipyard located in the United
States, including a United States Navy shipyard.
(f) Expiration of Authority.--The authority to transfer a
vessel under this section shall expire at the end of the 2-
year period beginning on the date of the enactment of this
Act.
______
By Mr. FEINGOLD:
S. 1569. A bill to establish a pilot program on the provision of
legal services to assist veterans and members of the Armed Forces
receive health care, benefits and services, and for other purposes; to
the Committee on Veterans' Affairs.
Mr. FEINGOLD. Mr. President, today I am introducing the Veterans
Advocacy Act of 2007. This bill would create a grant program for
organizations providing pro bono legal representation to servicemembers
and veterans to ensure that they receive the health care and benefits
to which they are entitled.
The men and women of the Armed Services have served this Nation
honorably and deserve the best health care and benefits available.
However, as recent revelations about the extent of bureaucratic delays
at the Walter Reed Army Medical Center demonstrate, these brave
individuals face a series of hurdles as they navigate the health care
and disability compensation processes. Many of them are forced to turn
to their representatives in Congress for help cutting through the red
tape. I have heard from many military personnel and veterans who are
frustrated with the system or unaware of Federal health care and other
benefits for which they may be eligible. I regret that the system too
often makes the burden of proving that a condition is related to
military service nearly insurmountable. Our men and women in uniform
deserve the benefit of the doubt, and should not have to fight the
Department of Defense or the Department of Veterans Affairs for
benefits that they have earned through their service to our Nation.
Numerous reports have detailed the range of administrative and legal
hurdles injured servicemembers will face when they return home. Service
members returning with unprecedented rates of post traumatic stress
disorder, PTSD, and traumatic brain injury, TBI, will struggle to get
the medical records they need to file benefits claims. Those with
severe TBI that does not show up on brain scans will have an even
harder time establishing that they need compensation. Those with
profound TBI may be prematurely relegated to care in a nursing home
when, with proper assistance, they may be fully capable of living
independent lives in the community. The Government Accountability
Office reported
[[Page S7341]]
that over 75 percent of servicemembers who screen positive for PTSD
will not be referred to a mental health professional. Members of the
Guard and Reserves face additional hurdles to gain access to military
doctors. This is unacceptable.
I commend my colleagues for their support of increased funding for
the military and veterans' health care systems in the 2007 emergency
supplemental. However, I am concerned that unless veterans have
independent advocates to ensure that they are receiving top notch care
and that they are aware of the benefits to which they are entitled,
these additional funds may be mismanaged. Last November, the Government
Accountability Office reported that for the last two years the
Department of Veterans Affairs has not expended all the funds allocated
for mental health initiatives. My bill would ensure that service
members and veterans who have trouble accessing the care to which they
are entitled will have an advocate outside the chain of command who can
negotiate with the Departments to ensure proper care.
In addition to helping ensure that service members and veterans
receive top notch care, my bill would help service members and veterans
overcome legal barriers to obtaining benefits. During the Veterans'
Affairs Committee's hearing on benefits legislation, Meredith Beck of
the Wounded Warrior Project summarized the problem as follows: ``In
many of the cases we have seen, the creation of new benefits wasn't
needed to aid the service member, rather, the wounded warrior just
needed to have the existing benefits systems better explained and
untangled in order to understand what was available to them.''
Fortunately, service members and veterans benefit from the services
of a nationwide system of veterans and military service organizations.
However, the system is simply overwhelmed. It will be further inundated
when the over 170,000 servicemembers deployed in Iraq and Afghanistan
return home. I want to be clear that the purpose of this legislation is
to supplement the existing network of advocates to ease the caseload of
overburdened service officers and allow them to spend more time per
case helping veterans and service members.
Congress has a responsibility to simplify the system and ensure that
it gives service members and veterans the benefit of the doubt when
they seek assistance for service-connected disabilities. It is my hope
that the majority of veterans will not need legal representation. But
the reality is that many veterans face unnecessary delays and appeals
of legitimate compensation claims that could be avoided if there were
enough advocates to ensure that every veteran's case is carefully
developed from the beginning. Several judges of the Court of Appeals
for Veterans Claims have described the importance of ensuring that
veterans have legal representation throughout the claim process. Judge
Holdaway summarized the need as follows:
If you get lawyers involved at the beginning, you can focus
in on what is this case about. I think you would get better
records, you would narrow the issue, there would be screening
. . . I think if we had lawyers involved at the beginning of
these cases, it would be the single most fundamental change
for the better that this system could have.
While the need for legal representation in complicated cases is
clear, I do not believe that veterans should have to pay for legal
representation just to get the benefits they earned through their
service. I have been troubled when I have heard that service members
are seeking expensive legal assistance to help them overcome daunting
administrative and legal hurdles. Fortunately, there are legal service
organizations and attorneys who are willing to provide assistance to
these service members and veterans free of charge. The purpose of this
bill is to help these organizations get the training they need to help
veterans and service members.
The bill would establish a pilot program of one-year grants to
organizations that have experience serving veterans or persons with
disabilities. The Veterans Administration will be charged with
appointing a committee to disburse the grants. The committee shall be
composed of veterans and military service officers, veterans and
disability legal service attorneys, and representatives of the
Department of Veterans Affairs employees and the Department of Defense.
The Secretary of Veterans Affairs will be required to submit a report
to Congress on the number of individuals served and the kinds of
assistance they received as a result of the pilot program.
In order to avoid adding to our country's sizable debt, the $1
million cost of this program is taken from the $3 billion appropriated
to the defense health program by the 2008 supplemental spending bill.
The grant program will help ensure that these funds are spent wisely.
Veterans and military service organizations that currently employ
attorneys will be eligible to receive the grants either to provide
legal services at no charge or to provide training to other pro bono
attorneys. The bill will also help servicemembers and veterans access
the services of the federally funded and mandated protection and
advocacy system for persons with disabilities. This system has lawyers
in every state who are trained to help people with disabilities obtain
the benefits, health care and services they need to live independent
lives. These attorneys are uniquely qualified to, for example, ensure
that veterans with PTSD are properly diagnosed and treated and to
prevent those with TBI from being placed in nursing homes when they are
capable of living in the community. Many veterans have been seeking out
their assistance but the system is currently overwhelmed. I have
included a description of the assistance that the protection and
advocacy systems have been providing veterans. This bill would help
foster collaboration between lawyers with expertise in veterans' law
and those with expertise in disability law.
I commend my colleagues who have offered bills to increase funding
for the care of service members and veterans, to expand necessary
benefits and to ensure that our military and veterans health care
systems offer the best care available. In order to ensure that service
members and veterans are able to capitalize on these important reforms,
they need independent advocates who can help them cut through the red
tape. My bill would help expand the cadre of experienced advocates who
will do just that. The bill has been endorsed by the National
Organization of Veterans Advocates, the Vietnam Veterans of America and
the Protection and Advocacy System's National Disability Rights
Network.
I ask unanimous consent that the text of the bill and supporting
material be printed in the Record.
There being no objection, material was ordered to be printed in the
Record, as follows:
S. 1569
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 ``Veterans Advocacy Act of
2007''.
SEC. 2. PILOT PROGRAM ON PROVISION OF LEGAL ASSISTANCE TO
ASSIST VETERANS AND MEMBERS OF THE ARMED FORCES
RECEIVE HEALTH CARE, BENEFITS, AND SERVICES.
(a) Pilot Program Required.--
(1) In general.--The Secretary of Veterans Affairs shall
carry out a pilot program to assess the feasibility and
advisability of utilizing eligible entities to provide legal
services to assist veterans and members of the Armed Forces
in applying for and receiving health care, benefits, and
services.
(2) Consultation.--The Secretary of Veterans Affairs shall
carry out the pilot program in consultation with the
Secretary of Defense.
(b) Grants.--
(1) In general.--The Secretary of Veterans Affairs shall
carry out the pilot program through the award of grants to
eligible entities selected by the panel established in
accordance with subsection (d)(1) for--
(A) the provision of legal services at no cost to members
of the Armed Forces and veterans as described in subsection
(a)(1); or
(B) the provision of legal training to attorneys of
eligible entities on the health and benefits programs of the
Department of Defense and the Department of Veterans Affairs
to facilitate the provision of legal services described in
subsection (a)(1).
(2) Awarding grants.--Grants under this subsection shall be
awarded to eligible entities selected pursuant to subsection
(d) not later than 180 days after the date of the enactment
of this Act.
(3) Number of grants.--
(A) In general.--The Secretary shall award 10 grants under
the pilot program.
(B) State-designated protection and advocacy systems.--Not
less than five of the grants awarded under the pilot program
[[Page S7342]]
shall be awarded to State-designated protection and advocacy
systems.
(4) Grant amount.--The amount of each grant awarded under
the pilot program shall be determined by the selection panel
described in subsection (d)(1), except that each such grant
may not be awarded in an amount that--
(A) exceeds $100,000; or
(B) is less than $25,000.
(5) Duration.--The duration of any grant awarded under the
pilot program may not exceed one year.
(6) Avoidance of frivolous benefit claims.--An eligible
entity that receives a grant under this subsection shall make
reasonable efforts to avoid representing veterans and members
of the Armed Forces with respect to frivolous benefits
claims.
(c) Eligible Entities.--For purposes of this subsection, an
eligible entity is any entity or organization, including a
State-designated protection and advocacy systems, that--
(1) is not part of the Department of Veterans Affairs or
the Department of Defense; and
(2) provides legal services by licensed attorneys with
experience assisting veterans, members of the Armed Forces,
or persons with disabilities.
(d) Selection of Grant Recipients.--
(1) Selection by panel.--
(A) In general.--Each application submitted under paragraph
(2) shall be evaluated by a panel appointed by the Secretary
for purposes of the pilot program. The panel shall select
eligible entities for receipt of grants under subsection (b)
from among the applications so evaluated.
(B) Membership of panel.--Members of the panel shall be
appointed in equal numbers from among individuals as follows:
(i) Officers and employees of the Department of Veterans
Affairs.
(ii) With the approval of the Secretary of Defense,
officers and employees of the Department of Defense.
(iii) Representatives of veterans service organizations.
(iv) Representatives of organizations that provide services
to members of the Armed Forces.
(v) Attorneys that represent veterans.
(vi) Attorneys employed by a State-designated protection
and advocacy system.
(2) Application.--An eligible entity seeking a grant under
the pilot program shall submit to the Secretary of Veterans
Affairs an application therefor in such form and in such
manner as the Secretary considers appropriate.
(3) Elements.--Each application submitted under paragraph
(2) shall include the following:
(A) In the case of an eligible entity applying for a grant
under subsection (b)(1)(A), the following:
(i) A description of the population of members of the Armed
Forces and veterans to be provided assistance.
(ii) A description of the outreach to be conducted by the
eligible entity concerned to notify members of the Armed
Forces and veterans of the availability of such assistance.
(B) In the case of an eligible entity applying for a grant
under subsection (b)(1)(B), the following:
(i) A description of the population of attorneys to be
provided training.
(ii) A description of the outreach to be conducted by the
eligible entity concerned to notify attorneys of the
availability of such training.
(C) In the case of an eligible entity applying for a grant
under subparagraphs (A) and (B) of subsection (b)(1), the
elements described in subparagraphs (A) and (B) of this
paragraph.
(e) Report.--Not later than one year after the date
described in subsection (b)(2), the Secretary of Veterans
Affairs shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the pilot program
required by subsection (a), including the following:
(1) The number of veterans and members of the Armed Forces
that received assistance or services from such pilot program.
(2) A description of the assistance and services provided
as part of such pilot program.
(f) Definitions.--In this section:
(1) State-designated protection and advocacy system.--The
term ``State-designated protection and advocacy system''
means a system established in a State to protect the legal
and human rights of individuals with developmental
disabilities in accordance with subtitle C of the
Developmental Disabilities Assistance and Bill of Rights Act
of 2000 (42 U.S.C. 15041 et seq.).
(2) Veterans service organization.--The term ``veterans
service organization'' means any organization organized by
the Secretary of Veterans Affairs for the representation of
veterans under section 5902 of title 38, United States Code.
(g) Funding.--Of amounts appropriated for ``Defense Health
Program'' in the U.S. Troop Readiness, Veterans' Care,
Katrina Recovery, and Iraq Accountability Appropriations Act,
2007 (Public Law 110-28), $1,000,000 shall be available for
fiscal year 2008 to carry out the provisions of this section
and not for the purposes for which appropriated by such Act.
Any amount made available by this subsection shall remain
available without fiscal year limitation.
____
Examples of the Protection and Advocacy (P&A) System's Interaction with
Veterans
alaska
The Alaska P&A has been visiting the VA Domiciliary, a 50-
bed domiciliary residential rehabilitation treatment program
for homeless veterans, to provide information on their
services and has begun to provide advocacy and services to a
number of veterans with disabilities. They have been
averaging 15-20 appointments at the facility a month. The
advocacy assistance the Alaska P&A provided has encompassed
activities directed at obtaining and/or maintaining housing,
securing government benefits, SSI, Medicaid, and working with
individuals seeking employment accommodations.
The Alaska P&A has also developed and disseminated a
resource guide about educational supports for people with
Traumatic Brain Injury, TBI.
arizona
The Arizona P&A has partnered with a case manager in a
veterans group to work with returning veterans with
disabilities and help them obtain the services and benefits
they deserve. The Arizona P&A has worked to ensure voting
access for veterans with disabilities in Arizona.
The Arizona P&A also cosponsored a day-long conference in
collaboration with the Governor's Council on Spinal Cord and
Head Injuries on TBI to provide information on benefits and
services individuals, including veterans, who have suffered a
TBI are eligible to receive.
california
A peer/self advocacy coordinator in the San Diego P&A
office holds weekly training and information sessions with
veterans. One of the sessions occurs at the P&A's office
while the other takes place at the VA facility.
The California P&A represented residents of a veteran's
hospital who had been denied access to voter registration
services. The issue arose after it was learned that a VA
Medical Center was refusing to allow advocates for people
with disabilities to conduct voter registration on the
campus. In addition, some residents were not being permitted
to register, regardless of their competence. Ultimately, the
VA reversed its position and allowed voter registration on
the medical campus.
colorado
The Colorado P&A is coordinating with an Army caseworker to
help veterans with disabilities make the transition back into
the community. They also offered voter registration at the
Denver Veterans Affairs Medical Center to help ensure
returning veterans maintain their right to vote.
georgia
The Georgia P&A has been working with veterans with
disabilities who are encountering problems returning to work.
They have also reached out to the people running a program
demonstrating how veterans with poly-trauma, TBI, Post
Traumatic Stress Disorder, PTSD, and other mental health
issues can return to work and how the P&A system could be a
great resource for these veterans.
hawaii
The Hawaii P&A has been a featured speaker at the military
families Children's Community Council on Oahu and continues
to assist an ever growing number of military families who
have children with special education needs. The Hawaii P&A
has also done outreach to a wide group of military service
programs on the island regarding benefits and services they
can provide to veterans who have suffered a TBI. They have
also formed a collaboration with the Christopher Reeves
Foundation to help with the Foundation's work with returning
veterans from Iraq that have been diagnosed with a TBI.
illinois
The Illinois P&A has provided training and information to
VA staff and also met with VA hospital social workers and
administrative staff to provide training and information to
help veterans with disabilities make the transition from VA
care to the community.
The Illinois P&A has also helped a veteran who was in a
Veteran's Home integrate into the community following a
stroke. The Illinois P&A worked in conjunction with the local
center for independent living to assist the client in finding
his own apartment and getting a personal care attendant to
address his support needs.
iowa
The Iowa P&A has received a number of individual contacts
from veterans in Iowa's VA Hospitals seeking help accessing
veterans' benefits and services as well as community
programs. Their staff has encountered a variety of challenges
while attempting to meet directly with a client in a VA
hospital.
The Iowa P&A also worked with an individual who had
concerns that if he returned to work that he would lose his
Social Security benefits. The Protection and Advocacy for
Beneficiaries of Social Security, PABSS, advocate explained
that he had options available without immeadiately losing his
benefits and he was eventually able to reenter the workforce
in a situation he was comfortable with.
kansas
The Kansas P&A has been providing information and training
to the staff and veterans at the Kansas VA facilities and is
working on outreach to the Kansas veterans
[[Page S7343]]
groups to provide information and assistance to help veterans
with disabilities make the transition back to the
community.
The Kansas P&A also worked to help a veteran successfully
move from a VA nursing facility back into the community.
Additionally, they are helping a veteran who was authorized
by the VA to have a surgery at a university medical center.
He suffered complications from the surgery which required
additional hospitalization and the P&A is working to get the
VA to pay for the followup treatments related to the
complications.
kentucky
The Kentucky P&A has done outreach to the Kentucky Veterans
Affairs Office, the Joint Executive Council of Veterans, as
well as to all the state's Veterans Centers, and all the
state chapters of the Disabled American Veterans.
louisiana
The Louisiana P&A helped a client successfully appeal a
denial from the VA to pay a private hospital for in-patient
mental health treatment. They then had to represent the same
client when the hospital tried to collect the remaining
balance. The Louisiana P&A was able to show that the hospital
is barred from collecting additional funds from a patient
whose care was paid for under a VA contract. With the help of
the Louisiana P&A, the veteran was able to receive
appropriate mental health services and afforded protection
from the hospital's illegal collection efforts.
maine
The Maine P&A has had meetings with the Director of the
State VA Services in order to identify benefits and services
available to veterans with disabilities and their families
after the veteran is discharged from the VA. They have also
provided trainings and information to National Guard units in
the State about the resources that are available for veterans
with disabilities.
massachusetts
The Massachusetts P&A had a case of a former marine
sergeant who had suffered partial hemiparesis and a TBI. This
affected his ability to speak and forced him to communicate
with gestures and a special set of picture cards. This type
of communication created problems and misunderstanding at his
job, and his eventual termination. The Massachusetts P&A was
able to work with his employer to find him another job within
the company.
michigan
The Michigan P&A has been working on a variety of issues
involving veterans, including access to polling facilities
and voting booths, public transportation systems, and
community projects. They also worked to address community
reintegration issues faced by a veteran in a VA facility far
from his home when he became eligible for discharge. The
P&A's work allowed the veteran to return to his home
community.
Minnesota
The Minnesota P&A has held trainings with the National
Alliance on Mental Illness, NAMI, at VA hospitals in the
State concerning benefits and services for veterans with
disabilities. They have also been contacted by some veterans
with disabilities to help get the benefits and services they
require. For example, the Minnesota P&A assisted a veteran
with a TBI move from a State hospital back to her home with
needed community supports.
Missouri
The Missouri P&A worked with a man who had spent much of
his adult life in the military, but was discharged after
suffering a TBI. This veteran needed help obtaining services
in order to build a new career. The Missouri P&A helped him
identify affordable, accessible housing and arranged
accommodations from the school, VA and vocational
rehabilitation as he embarks on training for his new career.
Montana
The Montana P&A had a veteran with a TBI who needed
assistance getting the schools he was attending for his
degree to better coordinate the Montana Vocational
Rehabilitation and VA benefits he was receiving in order to
afford his education. The Montana P&A was able to work out an
agreement so that the institutions accepted payments from
both sources so the veteran did not have any out-of-pocket
cost for his tuition.
Nebraska
The Nebraska P&A has initiated contact with the County
Veteran Service Officers group in Nebraska and the local VFW
and American Legion representatives. They recently made a
presentation at the County Veteran Service Officers group's
annual meeting about the P&A system. Their goal is to not
supplant their work assisting veterans within the VA system
but to be a resource for veterans with disabilities who are
returning to their communities and their families.
Nevada
The Nevada P&A has been providing information and training
to veterans family support groups and an organization working
with homeless veterans on the services and benefits available
for veterans with disabilities.
New Hampshire
The New Hampshire P&A has attempted to carry out the
external advocacy activities as set forth in the VA handbook,
but so far has been unable to do so because of resistance of
the VA staff.
New Jersey
The New Jersey P&A has been working with two veterans on
employment related issues. One is an employment
discrimination complaint, and the other one is a complaint
against the Division of Vocational Rehabilitative Services
within the New Jersey Department of Labor for services
needed. The New Jersey P&A has also been holding trainings
and providing information to VA hospitals in the State as
well as family support groups and the National Guard.
New York
The New York P&A has been working with the New York State
Department of Health to identify and address the needs of
veterans returning from Iraq and Afghanistan who have brain
injuries and their families. They have also been working to
create a primary advisory board comprised of veterans groups
and health groups to help address the needs of veterans with
disabilities. Finally, the New York P&A has taken calls and
emails from veterans and their families to provide them
assistance through every P&A program.
For example, the New York P&A represented a veteran in a
disability claim on referral from the Clinton County Veteran
Services office. Among other things, this veteran had
cognitive problems caused by a buildup of fluid on his brain.
Through the New York P&A's work, his claim was allowed after
a hearing.
North Dakota
The North Dakota P&A has worked with the North Dakota
Legislature on state legislation to help veterans with
disabilities, and has held a Statewide training session to
learn more about the VA system as well as provide information
on community services available to returning veterans with
disabilities.
Northern Marianas
The Northern Marianas P&A has been working closely with the
Office of Military Liaison on training and technical
assistance to help address the needs of returning veterans
with disabilities.
Ohio
The Ohio P&A represented a 44-year-old veteran who, while
in treatment for mental illness, was threatened with eviction
by his HUD-subsidized landlord. Compounding the problem, the
VA withdrew the client's community services funding for a
home health aide, which the client required. The Ohio P&A
worked with the client's HUD landlord, multiple provider
agencies, the VA community services nurse, VA case workers,
the VA ombudsman, the VA psychologist, and the VA attorney
regarding client's service needs and his legal rights related
to his disability. Ultimately, the client's landlord agreed
to withdraw eviction threat and the VA restored funding for a
home health aide.
pennsylvania
The Pennsylvania Protection and Advocacy system organized a
Brain Injury Awareness Day at the Lebanon and Coatesville
Veterans Administration Medical Centers for staff and
veterans. Following the success of this event, the
Pennsylvania P&A was invited back for a day of in-service
staff training and technical assistance at the Lebanon
facility.
At that time, the Pennsylvania P&A hopes to meet the
veterans and see who would like advocacy assistance. They
feel this is especially needed because VA staff and the
veterans need to be connected with and aware of the
community-based services they can access and use.
The Pennsylvania P&A has also successfully worked for a
veteran who had suffered a service-connected brain injury
which left him unable to walk or perform activities of daily
living on his own. The VA ratings board contested that he is
100 percent disabled, and refused to offer special
compensation. The Pennsylvania P&A helped the veteran obtain
the necessary documentation to connect the brain injury to
his physical disabilities so that special compensation could
be provided.
rhode island
The Rhode Island P&A has formed an internal veterans'
outreach work group which has met with individual veterans
organizations in the State and has participated in the
State's ``Veterans Task Force of Rhode Island'', providing
information and training on the benefits and services
available to veterans with disabilities.
south carolina
The South Carolina P&A has provided training and technical
assistance to administrative staff at the Richard M. Campbell
Veterans Nursing Home in Anderson, SC. The training focused
on the legal rights of people with disabilities, including
veterans.
south dakota
The South Dakota P&A has been establishing contact with VA
medical centers, outpatient clinics, and a VA sponsored
support group for veterans to provide information about
available resources. They also participate in the Veterans'
Services Officers' Congressional Forum. The South Dakota P&A
shares the same concern that the Pennsylvania P&A has that
beyond its health care services the VA does not provide a lot
of community-based services other than vocational. As a
result, they have been working with the patient advocate at
the VA hospital to help veterans with disabilities make
[[Page S7344]]
the transition into long-term care and housing following
discharge from the VA hospital.
texas
The Texas P&A has been working on several cases for
veterans with disabilities to access VA services. One of the
cases was a veteran living in a State hospital that had her
lump-sum VA benefits unlawfully taken by the hospital without
her knowledge or consent and applied retroactively to pay
for her support, maintenance, and treatment while she was
at the state hospital. The Texas P&A was able to recover
these funds and arrange for a new representative payee for
the client.
utah
The Utah P&A has been providing training and information at
the VA facilities in Utah on the resources, services, and
benefits that exist for veterans that have suffered a TBI.
vermont
The Vermont P&A has held trainings at the White River
Junction VA facility for staff and veterans. They are also in
the midst of presenting veterans, National Guard, and family
groups information about TBI resources at four sites around
the State. They have also collaborated with personnel at the
VA to support a project to identify veterans who are inmates
who might qualify for benefits upon release.
They have also recently been contacted about three issues
they are pursuing on behalf of veterans with disabilities.
One is a veteran in the psychiatric unit at Rutland Regional
Medical Center who had been turned down for VA care. Another
case is a veteran at the VA who had concerns about his
medications. The third case is a woman veteran from the
Northeast Kingdom who has a mental health issue, referred
from the Mental Health unit at the VA.
virginia
The Virginia P&A, to the extent they are being allowed to,
are providing education and advocacy services at Virginia's
VA facilities.
washington
The Washington Protection & Advocacy System has
investigated allegations of abuse and neglect at a veterans'
inpatient mental health facility, advocated for veterans with
Post-Traumatic Stress Disorder to maintain vital mental
health services, and assisted veterans seeking access to
outpatient VA mental health services. They have also
advocated for veterans regarding assistive technology and
Tricare coverage. In addition, they have provided information
and referrals to veterans on issues of housing, access to
medical care, employment, guardianship, and the VA appeal and
grievance procedures.
One of those cases was a veteran who received physical and
mental health services from the VA but wanted to be able to
choose who his mental health provider would be. He was
initially told that if he changed mental health providers, he
would lose his other healthcare services. The Washington P&A
provided the veteran with self-advocacy strategies about how
to request his preferred service, how to go through the chain
of command, and how to utilize his supporters. Ultimately,
the veteran was allowed to change his mental health provider
without threatening his other healthcare services.
In 2005, the Washington P&A system created a project to
conduct outreach to underserved veterans with disabilities.
This project focused on issues of access to benefits and
assistance, housing, employment, and assistive technology
issues. They have also attended a variety of assistance fairs
conducted by the Washington State Department of Veterans
Affairs and worked with a number of veterans' service
organizations and the VA on staff training sessions and
outreach to veterans with disabilities.
wisconsin
The Wisconsin P&A has provided training and information to
the State Veterans Administration, as well as veterans with
disabilities. These trainings address the barriers veterans
with disabilities, who also receive Social Security benefits,
face, as well as suggest possible solutions.
wyoming
The Wyoming P&A has been working with the National Guard
State Family Assistance Center to address the needs of
returning National Guard members with disabilities. They also
attend the Inter-Service Family Assistance Committee meeting
where they gave presentation on P&A services and distributed
information packets. The Wyoming P&A has also been helping
military families at bases located in Wyoming with matters
related to special education.
______
By Ms. SNOWE (for herself, Mr. Bingaman, Mr. Hagel, and Mr.
Nelson of Nebraska):
S. 1571. A bill to reform the essential air service program, and for
other purposes; to the Committee on Commerce, Science, and
Transportation.
Ms. SNOWE. Mr. President, I rise today to join my colleagues,
Senators Bingaman, Hagel, and Nelson of Nebraska to introduce the
bipartisan Rural Aviation Improvement Act. I am proud to join my
colleagues, each one a steadfast and resolute guardian of commercial
aviation service to all communities, particularly rural areas that
would otherwise be deprived of any air service.
I have always believed that reliable air service in our Nation's
rural areas is not simply a luxury or a convenience. It is an
imperative. All of us who come from rural States know how critical
aviation is to economic development, vital to move people and goods to
and from areas that may otherwise have dramatically limited
transportation options. Quite frankly, I have long held serious
concerns about the impact deregulation of the airline industry has had
on small and medium size cities in rural areas, like Maine. That fact
is, since deregulation, many small and medium-size communities, in
Maine and elsewhere, have experienced a decrease in flights and size of
aircraft while seeing an increase in fares. More than 300 have lost air
service altogether.
This legislation will serve to improve the Essential Air Service
program. Additional resources will augment the resources available to
the program, reducing the impact on the general fund while providing
small communities with a greater degree of certainty when planning
future improvements to their airports. The bill also gives those same
communities a greater role in retaining and determining the sort of air
service which they receive.
Increasingly, the Essential Air Service program has been plagued with
a decline in the number of airlines willing to provide this critical
link to the national transportation network. A few ``bad actors'' have
jeopardized commercial aviation for entire regions by submitting low-
ball contracts to the Department of Transportation and then reneging on
their commitment to the extent and quality of their service. Our bill
will not only establish a system of minimum requirements for contracts
to protect these small cities that rely on EAS, but it will also extend
those contracts to 4 years from the current 2. This gives a heightened
degree of stability in terms of air service, rather than having
communities negotiating new contracts or receiving service from
entirely new carriers every 18 months.
In closing, the truth is, everyone benefits when our Nation is at its
strongest economically. Most importantly in this case, greater
prosperity everywhere, including in rural America, will, in the long
run, mean more passengers for the airlines. Therefore, it is very much
in our national interests to ensure that every region has reasonable
access to air service. That is why I strongly believe the Federal
Government has an obligation to fulfill the commitment it made to these
communities in 1978; to safeguard their ability to continue commercial
air service.
Mr. BINGAMAN. Mr. President, I wish today to join with my colleague,
Senator Snowe to introduce the bipartisan Rural Aviation Improvement
Act. Senator Snowe has been a longtime champion of commercial air
service in rural areas, and I applaud her continued leadership on this
important legislation.
One of the goals of our bill is to preserve and improve the Essential
Air Service Program. Congress established the Essential Air Service
Program in 1978 to ensure that communities that had commercial air
service before airline deregulation would continue to receive scheduled
service. The Essential Air Service Program currently ensures commercial
air service to over 100 communities in 35 States. EAS supports an
additional 39 communities in Alaska. Without EAS, many rural
communities would have no commercial air service at all. I believe our
bill makes a number of important improvements to EAS to ensure rural
communities continue to have the commercial air service that is so
vital to their futures.
Our bill also extends through 2011 the Department of Transportation's
authority to provide grants to cities under the Small Community Air
Service Development Program, which was first established in 2000. The
program helps rural communities establish new air service or to promote
and improve their existing air service. Since it was first enacted, a
number of New Mexico communities have won grants, including most
recently Gallup in 2006.
All across America, small communities face ever-increasing hurdles to
promoting their economic growth and development. Today, many rural
areas lack access to interstate or even four-lane highways, railroads,
or broadband
[[Page S7345]]
telecommunications. Business development in rural areas frequently
hinges on the availability of scheduled air service. For small
communities, commercial air service provides a critical link to the
national and international transportation system. I do believe Congress
must help ensure that affordable, reliable, and safe air service
remains available in rural America.
The Senate Commerce Committee and its Aviation Subcommittee are well
along in developing a reauthorization of aviation programs this year. I
look forward to working with my colleagues Chairmen Inouye and
Rockefeller and Ranking Members Stevens and Lott to improve commercial
air service programs for rural areas. I believe our bill is one
important step in that process.
______
By Mr. BINGAMAN (for himself, Ms. Collins, Mr. Leahy, Mr. Durbin,
Mr. Reed, Mr. Harkin, Ms. Stabenow, Mr. Dodd, and Mr. Sanders):
S. 1572. A bill to increase the number of well-trained mental health
service professionals (including those based in schools) providing
clinical mental health care to children and adolescents, and for other
purposes; to the Committee on Health, Education, Labor, and Pensions.
Mr. BINGAMAN. Mr. President, the landmark 1999 Surgeon General's
report on mental health brought a hidden mental health crisis to the
attention of the U.S. public. According to that report, 13.7 million
children in our country--about one in five--suffer from a diagnosable
emotional or behavioral disorder. Such disorders as Anxiety Disorders,
Attention-Deficit/Hyperactivity Disorder, and Depression are among the
most common in this age group. Yet more than two-thirds of these
children do not receive any treatment. Long waiting lists for children
seeking services, including those in crisis, are not uncommon. The
primary reason is that severe shortages exist in qualified mental
health professionals, including child psychiatrists, psychologists,
social workers, and counselors. The President's New Freedom Commission
on Mental Health also found that ``the supply of well-trained mental
health professionals is inadequate in most areas of the country . . .
particular shortages exist for mental health providers who serve
children, adolescents, and older Americans.'' The situation is no
better in our public schools, where children's mental health needs are
often first identified. According to the National Center for Education
Statistics within the Department of Education, there are approximately
479 students for each school counselor in U.S. schools, nearly twice
the recommended ratio of 250 students for each counselor.
The situation in my home State of New Mexico is a case in point.
Estimates suggest that 56,000 children and adolescents in New Mexico
have an emotional or behavioral disorder. Of these, roughly 20,000 have
serious disturbances that impair their ability to fulfill the demands
of everyday life. In 2001, there were a total of 44 child and
adolescent psychiatrists in the entire State of New Mexico. The impact
of this shortage on the affected children and their communities is
disconcerting. Research shows that children with untreated emotional
and behavioral disorders are at higher risk for school failure and
dropping out of school, violence, drug abuse, suicide, and criminal
activity. For New Mexico youth, the suicide rate is twice the national
average, the fourth highest in the nation, and the third leading cause
of death. By one estimate, roughly one in seven youth in New Mexico
detention centers are in need of mental health treatment that is just
not available.
New Mexico is not alone in its struggle to address the needs of these
children. Nationwide, over 1600 urban, suburban, and rural communities
have been designated Mental Health Professional Shortage Areas by the
Federal Government due to their severe lack of psychiatrists,
psychologists, social workers, and other professionals to serve
children and adults. Rural areas are especially hard hit. For example,
in New Mexico there is one psychiatrist per 20,000 residents in rural
areas, whereas in urban areas there is one per 3000 residents. In rural
and frontier counties, it is not unusual for the parents of a child in
need of services to travel 60 to 90 miles to reach the nearest
psychiatrist, psychologist, or other mental health provider. In States
like Alaska and Wyoming, the distance may be even farther.
Finally, graduate programs providing the vital pipeline for the child
mental health workforce have not sufficiently increased their funding,
class sizes, and training programs to meet the ever growing need for
these specialists. In the U.S., only 300 new child and adolescent
psychiatrists are trained each year, despite projections by the Bureau
of Health Professions that the shortage of child and adolescent
psychiatrist will grow to 4,000 by the year 2020. Federal grant funding
for graduate psychology education has also been significantly reduced
in the past two years, which could reduce the numbers of child and
adolescent psychologists entering the profession.
Clearly something needs to be done to address this serious shortage
in mental health professionals to meet the growing needs of our
Nation's youth. It is for this reason that I rise today with my
colleagues Senator Collins of Maine, Senator Leahy of Vermont, Senator
Durbin of Illinois, Senator Reed of Rhode Island, Senator Harkin of
Iowa, Senator Stabenow of Michigan, Senator Dodd of Connecticut, and
Senator Sanders of Vermont to offer The Child Health Care Crisis Relief
Act of 2007. This bill creates incentives to help recruit and retain
mental health professionals providing direct clinical care, and to help
create, expand, and improve programs to train child mental health
professionals. It provides loan repayments and scholarships for child
mental health and school-based service professionals as well as
internships and field placements in child mental health services and
training for paraprofessionals who work in children's mental health
clinical settings. The bill also provides grants to graduate schools to
help develop and expand child and adolescent mental health programs. It
restores the Medicare Graduate Medical Education Program for child and
adolescent psychiatrists and extends the board eligibility period for
residents and fellows from 4 years to 6 years. Across all mental health
professions, priority for loan repayments, scholarships, and grants is
given to individuals and programs serving children and adolescents in
high-need areas.
Finally, The Child Health Care Crisis Relief Act of 2007 requires the
Secretary to prepare a report on the distribution and need for child
mental health and school-based professionals, including disparities in
the availability of services, on a State-by-State basis. This report
will help Congress more clearly ascertain the mental health workforce
needs that are facing our Nation.
I ask unanimous consent that the text of the bill and my statement be
printed in the Record. I also ask unanimous consent that the appended
letter from the Mental Health Liaison Group, representing 40 national
professional and mental health advocacy organizations in support of The
Child Health Care Crisis Relief Act of 2007, be printed in the Record.
There being no objection, material was ordered to be printed in the
Record, as follows:
S. 1572
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 ``Child Health Care Crisis
Relief Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Center for Mental Health Services estimates that 20
percent or 13,700,000 of the Nation's children and
adolescents have a diagnosable mental disorder, and about \2/
3\ of these children and adolescents do not receive mental
health care.
(2) According to ``Mental Health: A Report of the Surgeon
General'' in 1999, there are approximately 6,000,000 to
9,000,000 children and adolescents in the United States
(accounting for 9 to 13 percent of all children and
adolescents in the United States) who meet the definition for
having a serious emotional disturbance.
(3) According to the Center for Mental Health Services,
approximately 5 to 9 percent of United States children and
adolescents meet the definition for extreme functional
impairment.
(4) According to the Surgeon General's Report, there are
particularly acute shortages in the numbers of mental health
service professionals serving children and adolescents with
serious emotional disorders.
[[Page S7346]]
(5) According to the National Center for Education
Statistics in the Department of Education, there are
approximately 479 students for each school counselor in
United States schools, which ratio is almost double the
recommended ratio of 250 students for each school counselor.
(6) According to the Bureau of Health Professions in 2000,
the demand for the services of child and adolescent
psychiatry is projected to increase by 100 percent by 2020.
(7) The development and application of knowledge about the
impact of disasters on children, adolescents, and their
families has been impeded by critical shortages of qualified
researchers and practitioners specializing in this work.
(8) According to the Bureau of the Census, the population
of children and adolescents in the United States under the
age of 18 is projected to grow by more than 40 percent in the
next 50 years from 70 million to more than 100 million by
2050.
(9) There are approximately 7,000 child and adolescent
psychiatrists in the United States. Only 300 child and
adolescent psychiatrists complete training each year.
(10) According to the Department of Health and Human
Services, minority representation is lacking in the mental
health workforce. Although 12 percent of the United States
population is African-American, only 2 percent of
psychologists, 2 percent of psychiatrists, and 4 percent of
social workers are African-American providers. Moreover,
there are only 29 Hispanic mental health professionals for
every 100,000 Hispanics in the United States, compared with
173 non-Hispanic white providers per 100,000.
(11) According to a 2006 study in the Journal of the
American Academy of Child and Adolescent Psychiatry, the
national shortage of child and adolescent psychiatrists
affects poor children and adolescents living in rural areas
the hardest.
(12) According to the National Center for Mental Health and
Juvenile Justice, 70 percent of youth involved in State and
local juvenile justice systems throughout the country suffer
from mental disorders, with at least 20 percent experiencing
symptoms so severe that their ability to function is
significantly impaired.
SEC. 3. LOAN REPAYMENTS, SCHOLARSHIPS, AND GRANTS TO IMPROVE
CHILD AND ADOLESCENT MENTAL HEALTH CARE.
Part E of title VII of the Public Health Service Act (42
U.S.C. 294n et seq.) is amended by adding at the end the
following:
``Subpart 3--Child and Adolescent Mental Health Care
``SEC. 771. LOAN REPAYMENTS, SCHOLARSHIPS, AND GRANTS TO
IMPROVE CHILD AND ADOLESCENT MENTAL HEALTH
CARE.
``(a) Loan Repayments for Child and Adolescent Mental
Health Service Professionals.--
``(1) Establishment.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, may establish a program of entering into
contracts on a competitive basis with eligible individuals
under which--
``(A) the eligible individual agrees to be employed full-
time for a specified period (which shall be at least 2 years)
in providing mental health services to children and
adolescents; and
``(B) the Secretary agrees to make, during not more than 3
years of the period of employment described in subparagraph
(A), partial or total payments on behalf of the individual on
the principal and interest due on the undergraduate and
graduate educational loans of the eligible individual.
``(2) Eligible individual.--For purposes of this section,
the term `eligible individual' means an individual who--
``(A) is receiving specialized training or clinical
experience in child and adolescent mental health in
psychiatry, psychology, school psychology, behavioral
pediatrics, psychiatric nursing, social work, school social
work, marriage and family therapy, school counseling, or
professional counseling and has less than 1 year remaining
before completion of such training or clinical experience; or
``(B)(i) has a license or certification in a State to
practice allopathic medicine, osteopathic medicine,
psychology, school psychology, psychiatric nursing, social
work, school social work, marriage and family therapy, school
counseling, or professional counseling; and
``(ii)(I) is a mental health service professional who
completed (but not before the end of the calendar year in
which this section is enacted) specialized training or
clinical experience in child and adolescent mental health
described in subparagraph (A); or
``(II) is a physician who graduated from (but not before
the end of the calendar year in which this section is
enacted) an accredited child and adolescent psychiatry
residency or fellowship program in the United States.
``(3) Additional eligibility requirements.--The Secretary
may not enter into a contract under this subsection with an
eligible individual unless--
``(A) the individual is a United States citizen or a
permanent legal United States resident; and
``(B) if the individual is enrolled in a graduate program
(including a medical residency or fellowship), the program is
accredited, and the individual has an acceptable level of
academic standing (as determined by the Secretary).
``(4) Priority.--In entering into contracts under this
subsection, the Secretary shall give priority to applicants
who--
``(A) are or will be working with high-priority
populations;
``(B) have familiarity with evidence-based methods and
cultural competence in child and adolescent mental health
services;
``(C) demonstrate financial need; and
``(D) are or will be working in the publicly funded sector,
particularly in community mental health programs described in
section 1913(b)(1).
``(5) Meaningful loan repayment.--If the Secretary
determines that funds appropriated for a fiscal year to carry
out this subsection are not sufficient to allow a meaningful
loan repayment to all expected applicants, the Secretary
shall limit the number of contracts entered into under
paragraph (1) to ensure that each such contract provides for
a meaningful loan repayment.
``(6) Amount.--
``(A) Maximum.--For each year that the Secretary agrees to
make payments on behalf of an individual under a contract
entered into under paragraph (1), the Secretary may agree to
pay not more than $35,000 on behalf of the individual.
``(B) Consideration.--In determining the amount of payments
to be made on behalf of an eligible individual under a
contract to be entered into under paragraph (1), the
Secretary shall consider the eligible individual's income and
debt load.
``(7) Applicability of certain provisions.--The provisions
of sections 338E and 338F shall apply to the program
established under paragraph (1) to the same extent and in the
same manner as such provisions apply to the National Health
Service Corps Loan Repayment Program established in subpart
III of part D of title III.
``(8) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000
for each of fiscal years 2008 through 2012.
``(b) Scholarships for Students Studying to Become Child
and Adolescent Mental Health Service Professionals.--
``(1) Establishment.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, may establish a program to award scholarships
on a competitive basis to eligible students who agree to
enter into full-time employment (as described in paragraph
(4)(C)) as a child and adolescent mental health service
professional after graduation or completion of a residency or
fellowship.
``(2) Eligible student.--For purposes of this subsection,
the term `eligible student' means a United States citizen or
a permanent legal United States resident who--
``(A) is enrolled or accepted to be enrolled in an
accredited graduate program that includes specialized
training or clinical experience in child and adolescent
mental health in psychology, school psychology, psychiatric
nursing, behavioral pediatrics, social work, school social
work, marriage and family therapy, school counseling, or
professional counseling and, if enrolled, has an acceptable
level of academic standing (as determined by the Secretary);
or
``(B)(i) is enrolled or accepted to be enrolled in an
accredited graduate training program of allopathic or
osteopathic medicine in the United States and, if enrolled,
has an acceptable level of academic standing (as determined
by the Secretary); and
``(ii) intends to complete an accredited residency or
fellowship in child and adolescent psychiatry or behavioral
pediatrics.
``(3) Priority.--In awarding scholarships under this
subsection, the Secretary shall give--
``(A) highest priority to applicants who previously
received a scholarship under this subsection and satisfy the
criteria described in subparagraph (B); and
``(B) second highest priority to applicants who--
``(i) demonstrate a commitment to working with high-
priority populations;
``(ii) have familiarity with evidence-based methods in
child and adolescent mental health services;
``(iii) demonstrate financial need; and
``(iv) are or will be working in the publicly funded
sector, particularly in community mental health programs
described in section 1913(b)(1).
``(4) Requirements.--The Secretary may award a scholarship
to an eligible student under this subsection only if the
eligible student agrees--
``(A) to complete any graduate training program,
internship, residency, or fellowship applicable to that
eligible student under paragraph (2);
``(B) to maintain an acceptable level of academic standing
(as determined by the Secretary) during the completion of
such graduate training program, internship, residency, or
fellowship; and
``(C) to be employed full-time after graduation or
completion of a residency or fellowship, for at least the
number of years for which a scholarship is received by the
eligible student under this subsection, in providing mental
health services to children and adolescents.
``(5) Use of scholarship funds.--A scholarship awarded to
an eligible student for a school year under this subsection
may be used only to pay for tuition expenses of the school
year, other reasonable educational expenses (including fees,
books, and laboratory expenses incurred by the eligible
student in
[[Page S7347]]
the school year), and reasonable living expenses, as such
tuition expenses, reasonable educational expenses, and
reasonable living expenses are determined by the Secretary.
``(6) Amount.--The amount of a scholarship under this
subsection shall not exceed the total amount of the tuition
expenses, reasonable educational expenses, and reasonable
living expenses described in paragraph (5).
``(7) Applicability of certain provisions.--The provisions
of sections 338E and 338F shall apply to the program
established under paragraph (1) to the same extent and in the
same manner as such provisions apply to the National Health
Service Corps Scholarship Program established in subpart III
of part D of title III.
``(8) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000
for each of fiscal years 2008 through 2012.
``(c) Clinical Training Grants for Professionals.--
``(1) Establishment.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, in cooperation with the Administrator of the
Substance Abuse and Mental Health Services Administration,
may establish a program to award grants on a competitive
basis to accredited institutions of higher education to
establish or expand internships or other field placement
programs for students receiving specialized training or
clinical experience in child and adolescent mental health in
psychiatry, psychology, school psychology, behavioral
pediatrics, psychiatric nursing, social work, school social
work, marriage and family therapy, school counseling, or
professional counseling.
``(2) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to applicants that--
``(A) have demonstrated the ability to collect data on the
number of students trained in child and adolescent mental
health and the populations served by such students after
graduation;
``(B) have demonstrated familiarity with evidence-based
methods in child and adolescent mental health services; and
``(C) have programs designed to increase the number of
professionals serving high-priority populations.
``(3) Requirements.--The Secretary may award a grant to an
applicant under this subsection only if the applicant agrees
that--
``(A) any internship or other field placement program
assisted under the grant will prioritize cultural competency;
``(B) students benefitting from any assistance under this
subsection will be United States citizens or permanent legal
United States residents;
``(C) the institution will provide to the Secretary such
data, assurances, and information as the Secretary may
require; and
``(D) with respect to any violation of the agreement
between the Secretary and the institution, the institution
will pay such liquidated damages as prescribed by the
Secretary by regulation.
``(4) Application.--The Secretary shall require that any
application for a grant under this subsection include a
description of the applicant's experience working with child
and adolescent mental health issues.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000
for each of fiscal years 2008 through 2012.
``(d) Progressive Education Grants for Paraprofessionals.--
``(1) Establishment.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, in cooperation with the Administrator of the
Substance Abuse and Mental Health Services Administration,
may establish a program to award grants on a competitive
basis to State-licensed mental health nonprofit and for-
profit organizations (including accredited institutions of
higher education) to enable such organizations to pay for
programs for preservice or in-service training of
paraprofessional child and adolescent mental health workers.
``(2) Definition.--For purposes of this subsection, the
term `paraprofessional child and adolescent mental health
worker' means an individual who is not a mental health
service professional, but who works at the first stage of
contact with children and families who are seeking mental
health services.
``(3) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to applicants that--
``(A) have demonstrated the ability to collect data on the
number of paraprofessional child and adolescent mental health
workers trained by the applicant and the populations served
by these workers after the completion of the training;
``(B) have familiarity with evidence-based methods in child
and adolescent mental health services;
``(C) have programs designed to increase the number of
paraprofessional child and adolescent mental health workers
serving high-priority populations; and
``(D) provide services through a community mental health
program described in section 1913(b)(1).
``(4) Requirements.--The Secretary may award a grant to an
organization under this subsection only if the organization
agrees that--
``(A) any training program assisted under the grant will
prioritize cultural competency;
``(B) the organization will provide to the Secretary such
data, assurances, and information as the Secretary may
require; and
``(C) with respect to any violation of the agreement
between the Secretary and the organization, the organization
will pay such liquidated damages as prescribed by the
Secretary by regulation.
``(5) Application.--The Secretary shall require that any
application for a grant under this subsection include a
description of the applicant's experience working with
paraprofessional child and adolescent mental health workers.
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000
for each of fiscal years 2008 through 2012.
``(e) Child and Adolescent Mental Health Program
Development Grants.--
``(1) Establishment.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, may establish a program to increase the
number of well-trained child and adolescent mental health
service professionals in the United States by awarding grants
on a competitive basis to accredited institutions of higher
education to enable the institutions to establish or expand
accredited graduate child and adolescent mental health
programs.
``(2) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to applicants that--
``(A) demonstrate familiarity with the use of evidence-
based methods in child and adolescent mental health services;
``(B) provide experience in and collaboration with
community-based child and adolescent mental health services;
``(C) have included normal child development curricula; and
``(D) demonstrate commitment to working with high-priority
populations.
``(3) Use of funds.--Funds received as a grant under this
subsection may be used to establish or expand any accredited
graduate child and adolescent mental health program in any
manner deemed appropriate by the Secretary, including by
improving the course work, related field placements, or
faculty of such program.
``(4) Requirements.--The Secretary may award a grant to an
accredited institution of higher education under this
subsection only if the institution agrees that--
``(A) any child and adolescent mental health program
assisted under the grant will prioritize cultural competency;
``(B) the institution will provide to the Secretary such
data, assurances, and information as the Secretary may
require; and
``(C) with respect to any violation of the agreement
between the Secretary and the institution, the institution
will pay such liquidated damages as prescribed by the
Secretary by regulation.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $15,000,000
for each of fiscal years 2008 through 2012.
``(f) Definitions.--In this section:
``(1) Specialized training or clinical experience in child
and adolescent mental health.--The term `specialized training
or clinical experience in child and adolescent mental health'
means training and clinical experience that--
``(A) is part of or occurs after completion of an
accredited graduate program in the United States for training
mental health service professionals;
``(B) consists of at least 500 hours of training or
clinical experience in treating children and adolescents; and
``(C) is comprehensive, coordinated, developmentally
appropriate, and of high quality to address the unique ethnic
and cultural diversity of the United States population.
``(2) High-priority population.--The term `high-priority
population' means--
``(A) a population in which there is a significantly
greater incidence than the national average of--
``(i) children who have serious emotional disturbances; or
``(ii) children who are racial, ethnic, or linguistic
minorities; or
``(B) a population consisting of individuals living in a
high-poverty urban or rural area.
``(3) Mental health service professional.--The term `mental
health service professional' means an individual with a
graduate or postgraduate degree from an accredited
institution of higher education in psychiatry, psychology,
school psychology, behavioral pediatrics, psychiatric
nursing, social work, school social work, marriage and family
counseling, school counseling, or professional counseling.''.
SEC. 4. AMENDMENTS TO SOCIAL SECURITY ACT TO IMPROVE CHILD
AND ADOLESCENT MENTAL HEALTH CARE.
(a) Increasing Number of Child and Adolescent Psychiatry
Residents Permitted to Be Paid Under the Medicare Graduate
Medical Education Program.--Section 1886(h)(4)(F) of the
Social Security Act (42 U.S.C. 1395ww(h)(4)(F)) is amended by
adding at the end the following new clause:
``(iii) Increase allowed for training in child and
adolescent psychiatry.--In applying clause (i), there shall
not be taken into account such additional number of full-time
equivalent residents in the field of allopathic or
osteopathic medicine who are residents or fellows in child
and adolescent psychiatry as the Secretary determines
reasonable to meet the need for such physicians as
demonstrated by the 1999 report of the Department of Health
and Human Services entitled `Mental Health: A Report of the
Surgeon General'.''.
[[Page S7348]]
(b) Extension of Medicare Board Eligibility Period for
Residents and Fellows in Child and Adolescent Psychiatry.--
Section 1886(h)(5)(G) of the Social Security Act (42 U.S.C.
1395ww(h)(5)(G)) is amended--
(1) in clause (i), by striking ``and (v)'' and inserting
``(v), and (vi)''; and
(2) by adding at the end the following new clause:
``(vi) Child and adolescent psychiatry training programs.--
In the case of an individual enrolled in a child and
adolescent psychiatry residency or fellowship program
approved by the Secretary, the period of board eligibility
and the initial residency period shall be the period of board
eligibility for the specialty of general psychiatry, plus 2
years for the subspecialty of child and adolescent
psychiatry.''.
(c) Effective Date.--The amendments made by this section
shall apply to residency training years beginning on or after
July 1, 2008.
SEC. 5. CHILD MENTAL HEALTH PROFESSIONAL REPORT.
(a) Study.--The Administrator of the Health Resources and
Services Administration (in this section referred to as the
``Administrator'') shall study and make findings and
recommendations on--
(1) the distribution and need for child mental health
service professionals, including with respect to specialty
certifications, practice characteristics, professional
licensure, practice types, locations, education, and
training; and
(2) a comparison of such distribution and need, including
identification of disparities, on a State-by-State basis.
(b) Report.--Not later than 2 years after the date of the
enactment of this Act, the Administrator shall submit to the
Congress and make publicly available a report on the results
of the study required by subsection (a), including with
respect to findings and recommendations on disparities among
the States.
SEC. 6. REPORTS.
(a) Transmission.--The Secretary of Health and Human
Services shall transmit a report described in subsection (b)
to the Congress--
(1) not later than 3 years after the date of the enactment
of this Act; and
(2) not later than 5 years after the date of the enactment
of this Act.
(b) Contents.--The reports transmitted to the Congress
under subsection (a) shall address each of the following:
(1) The effectiveness of the amendments made by, and the
programs carried out under, this Act in increasing the number
of child and adolescent mental health service professionals
and paraprofessional child and adolescent mental health
workers.
(2) The demographics of the individuals served by such
increased number of child and adolescent mental health
service professionals and paraprofessional child and
adolescent mental health workers.
____
Mental Health Liaison Group,
June 7, 2007.
Hon. Jeff Bingaman,
U.S. Senate,
Washington, DC.
Hon. Patrick J. Kennedy,
House of Representatives,
Washington, DC.
Dear Senator Bingaman and Representative Kennedy: The
undersigned national organizations are writing to express our
support for legislation you are sponsoring, the Child Health
Care Crisis Relief Act. This important legislation will
address the national shortage of children's mental health
professionals, including school-based professionals, by
encouraging more individuals to enter these critical fields.
The Surgeon General estimates that over 13.7 million
children and adolescents are in need of treatment for
emotional and behavioral disorders but less than 20% ever
receive it. After the option of early intervention is lost,
the possibilities for a lifetime cycle of difficulties from
unresolved mental health issues looms ahead: school failure,
substance abuse, job and relationship instability, and even
the possibility of entering the criminal justice system.
One of the key barriers to treatment is the shortage of
available specialists trained in the identification,
diagnosis and treatment of children and adolescents with
emotional and behavioral disorders. Primary care providers
report seeing a large number of children and youth with
mental health problems, but have difficulty finding available
clinicians to take referrals. The Surgeon General reported in
1999 that ``there is a dearth of child psychiatrists,
appropriately trained clinical child psychologists, or social
workers.'' The shortage of children's mental health
professionals has also been recognized by the President's New
Freedom Commission on Mental Health, the Council on Graduate
Medical Education and the state mental health commissioners.
Enactment of the Child Health Care Crisis Relief Act will
spur the creation of educational incentives and federal
support for children's mental health training programs. It
will authorize scholarships, loan repayment programs,
training grants, and specialty training program support.
Children's mental health professionals covered under the bill
include child and adolescent psychiatrists, behavioral
pediatricians, psychologists, school psychologists, school
social workers, school counselors, psychiatric nurses, social
workers, marriage and family therapists and professional
counselors.
National organizations representing consumers, family
members, advocates, professionals and providers thank you for
your continued leadership on mental health issues. We look
forward to working with you on this important bill.
Sincerely,
Alliance for Children and Families, American Academy of
Child and Adolescent Psychiatry, American Academy of
Pediatrics, American Association for Geriatric
Psychiatry, American Association for Marriage and
Family Therapy, American Counseling Association,
American Group Psychotherapy Association, American
Mental Health Counselors Association, American Nurses
Association, American Psychiatric Association, American
Psychoanalytic Association, American Psychological
Association, American Psychotherapy Association,
Anxiety Disorders Association of America, Association
for the Advancement of Psychology, Bazelon Center for
Mental Health Law, Center for Clinical Social Work,
Child & Adolescent Bipolar Foundation, Child Welfare
League of America, Children and Adults with Attention-
Deficit/Hyperactivity Disorder, Children's Healthcare
Is a Legal Duty, Clinical Social Work Guild, Coalition
for the Health and Advocacy of Rural Minorities,
Depression and Bipolar Support Alliance, Eating
Disorders Coalition for Research, Policy & Action,
Federation of Families Children's Mental Health, Mental
Health America, National Alliance on Mental Illness,
National Association for Children's Behavioral Health,
National Association for Rural Mental Health,
National Association of Anorexia Nervosa and Associated
Disorders, National Association of County Behavioral
Health and Developmental Disability Directors, National
Association of Mental Health Planning & Advisory
Councils, National Association of School Psychologists,
National Association of Social Workers, National
Association of State Mental Health Program Directors,
National Coalition of Mental Health Professionals and
Consumers, National Council for Community Behavioral
Healthcare, Suicide Prevention Action Network USA,
Therapeutic Communities of America.
______
By Mr. DODD:
S. 1573. A bill to promote public-private partnerships to strengthen
investment in early childhood development for children from birth to
entry into kindergarten in order to ensure healthy development and
school readiness for all children; to the Committee on Health,
Education, Labor, and Pensions.
Mr. DODD. Mr. President, I rise today, to introduce The Early
Childhood Investment Act of 2007 to create and enhance public-private
partnerships to strengthen investment in early childhood development
programs, considering the needs of all children from birth to their
entry in kindergarten. Investing in our youngest children is essential
to promote their healthy development and school readiness. I pleased
that two of my colleagues from Connecticut in the House of
Representatives--Congresswoman Rosa DeLauro and Congressman Joe
Courtney--will introduce companion legislation today.
We have a body of knowledge on early childhood development that must
be put into practice through policies that aid the crucial emotional,
social and intellectual development that occurs in the first 3 years of
life. Research indicates that investments in the early years of a
child's life pay dividends later through improved health, readiness for
school, and economic well-being. The return on investment also includes
more successful transition to kindergarten; reduced special education
and remedial education placements; better employment opportunities and
higher earnings; and lower incidence of crime and dependence on public
welfare. Our Nation's economy benefits from early childhood investments
through a better prepared workforce, stronger growth, and a rising
standard of living. Additionally, society will benefit from less crime,
enhanced schools, and children who are better prepared to participate
as citizens in a democratic society, as a result of increased
investments in early childhood development.
Many States have an Early Learning Council or an advisory council
that coordinates and aligns various programs serving children from
birth to kindergarten entry. These entities facilitate collaboration
among early childhood development activities in each State, but do not
necessarily provide additional funding. Resources from Federal and
State governments alone are not adequate to provide access to quality
[[Page S7349]]
early childhood development programs for all children.
Currently the Federal Government provides funding for a variety of
early childhood development programs including the Child Care and
Development Block Grant, and Head Start, which have been essentially
flat funded in recent years. States supplement this funding and also
provide funding for State and local prekindergarten programs and parent
development and support programs, such as home visiting. However, the
Federal and State resources alone are not enough to reach all of our
Nation's young children. In order to get closer to the goal of
providing access to quality programs for all children before they enter
kindergarten, the private sector also plays an important role. In
addition, the Federal Government should provide resources to reward
innovation at the state and community level and to leverage additional
resources for continued innovation.
In States such as Washington, Georgia, Michigan, Minnesota, Oklahoma,
North Carolina, Arizona, Nebraska, Illinois, Vermont, and Virginia,
public-private partnerships leverage resources to provide for the
varied health and learning needs of children from birth to kindergarten
entry and their families. Public-private partnerships have the ability
to leverage the assets of public and private entities in terms of
financial resources, expertise, and infrastructure in order to maximize
and align investments in early childhood development. Federal funding
authorized by this legislation will create incentives for more States
to develop such partnerships and leverage further investment in young
children and enhance existing partnerships in states.
The purpose of the Early Childhood Investment Act of 2007 is to
establish or enhance existing public-private partnerships that will
strengthen investment in early childhood development by awarding grants
to local community initiatives and programs that serve young children
and their families.
The bill is fairly straightforward. It requires the Secretary of
Health and Human Services to establish a competitive grant program to
award grants to a public-private partnership, in each State that
applies, which will leverage resources to supplement existing State and
Federal funds. The partnership will then award subgrants to State and
local community initiatives to improve access to and quality of early
childhood development for children from birth through age five and
their families. The partnerships will leverage funding from nonprofit
or for-profit organizations, private entities and State government to
invest in high quality early childhood development programs.
The Early Childhood Investment Act of 2007 authorizes $8 billion for
fiscal year 2008, $10 billion for fiscal year 2009 and such sums as
necessary in the following years. The Federal share represents 50
percent of total expenditures by a partnership in the first year, 40
percent in the second year and 30 percent in the outyears. I know I
will hear that this cost is too large for the government to bear, but I
would argue that the cost of not investing would be even greater.
Children represent only a quarter of our population, but they are 100
percent of our future and each of our children deserves an opportunity
to reach his or her potential.
The bill has been endorsed by America's Promise Alliance, First
Focus, National Association for the Education of Young Children,
National Association of Child Care Resource and Referral Agencies, and
the National Women's Law Center. I hope that my colleagues will join me
in supporting this important legislation.
______
By Mr. OBAMA:
S. 1574. A bill to establish Teaching Residency Programs for
preparation and induction of teachers; to the Committee on Health,
Education, Labor, and Pensions.
Mr. OBAMA. Mr. President, we will soon begin consideration of
legislation to educate America's students, with Head Start, the
Elementary and Secondary Education Act, and the Higher Education Act
all slated for reauthorization. One of the most important aspects of No
Child Left Behind is its provision for a highly qualified teacher for
every child, in every classroom in America.
Expert teachers are the most important educational resource in our
schools, and also the most inequitably distributed. In the United
States, too many students in high-need schools are taught by
inadequately prepared teachers, who are often not ready for the
challenges they face, and thus leave the classroom too soon. High-
poverty schools lose one-fifth of their teaching staff each year. This
constant turnover of inexperienced, inadequately prepared teachers
undermines efforts to create stable learning cultures and to sustain
school improvement, especially in schools with greatest need.
Many schools are being identified as in need of improvement, and many
students are asked to be successful in schools where success is a rare
commodity. Rather than being a leader in a competitive world where
educational attainment is precious, America has one of the lowest high
school graduation rates in the industrialized world. Three out of every
10 ninth-grade students will not graduate on time, and about half of
all African American and Hispanic ninth graders will not earn a diploma
in four years. Less than 2 out of every 10 students who begin high
school will receive a postsecondary degree within a reasonable time.
Students of color, new immigrants, and children living in poverty are
all being left behind. A good education is granted to some, but denied
to others, denied not only to children of color in our cities, but also
to children living in poverty in our rural areas. We must end this.
We must recruit the best and the brightest Americans to become
teachers and we must transform teaching, restoring its luster as a
profession, so that when new teachers join it, they are successful, and
want to stay. As teachers and principals are increasingly being held
individually responsible for student success, it is increasingly
important that we adequately prepare teachers to become successful.
Research shows that inexperienced teachers are less effective than
teachers with several years of experience, but good preparation
programs can make novice teachers effective more rapidly. We must help
novice teachers get the training and coaching they need. Teacher
preparation seldom provides the opportunity to learn under the
supervision of expert teachers working in schools that effectively
serve high-need students. Most new teachers lack such support, and so
leave the profession before achieving success.
Today I am proud to introduce the Teaching Residency Act, which
builds on a successful model of teacher preparation similar to medical
residencies. Teaching Residency Programs are school-based teacher
preparation programs in which prospective teachers teach alongside a
mentor teacher for one academic year, receive master's level coursework
in teaching the content area in which they will become certified, and
attain certification prior to completion of the program. Once
certified, graduates of the program are placed in high-needs schools,
and continue to receive strong mentoring and coaching for their first
years of teaching. This bill proposes establishing Teaching Residency
Programs as a provision of Title II of the Higher Education Act.
I am particularly proud to introduce this legislation today, because
it is a model of effective teacher preparation that I have supported
since before I was elected to the Senate in 2004. I have seen the power
of teacher residencies through the very successful Academy for Urban
School Leadership in my home State of Illinois. And I am pleased to be
supported in this effort by the introduction of legislation in the
House by my good friend, Congressman Rahm Emanuel.
It is critical to develop programs that increase the probability that
recruits will succeed and stay in those classrooms where they are most
needed. Teaching Residency Programs are based on what we know works
best to improve teacher preparation. We know that mentoring is critical
to help young teachers develop in the early years of their career and
to retain many of new teachers who would otherwise leave the profession
in their first years. We cannot afford to lose any more high quality
teachers because they do not feel supported or do not feel that they
are progressing professionally.
[[Page S7350]]
I hope my colleagues will support this important legislation.
______
By Mr. KENNEDY (for himself, Mr. Cochran, Mr. Obama, Mr.
Bingaman, Mrs. Clinton, Mr. Brown, and Mr. Durbin):
S. 1576. A bill to amend the Public Health Service Act to improve the
health and healthcare of racial and ethnic minority groups; to the
Committee on Health, Education, Labor, and Pensions.
Mr. KENNEDY. Mr. President, serious and unjustified health
disparities continue to exist in our Nation today. Forty five million
Americans have no health insurance and often don't get the health care
they need or get it too late. We know that the uninsured are more
likely to delay doctor visits and needed screenings like mammograms and
other early detection tests which can help prevent serious illness and
death. The Institute of Medicine estimates that at least 18,000
Americans die prematurely each year because they lack health coverage.
Some of the most shameful health disparities involve racial and
ethnic minorities. African Americans have a lower life expectancy than
Whites. They are much more likely to die from stroke, and their
uninsurance rates are much higher than those of their White
counterparts.
Many Americans want to believe such disparities don't exist, but
ignoring them only contributes more to the widening gap between the
haves and have-nots.
It is a scandal that people of color have greater difficulty
obtaining good health care than other Americans. Your health should not
depend on the color of your skin, the size of your bank account, or
where you live. In a nation as advanced as ours, with its state-of-the-
art medical technology for preventing illness and caring for the sick,
it is appalling that so many health disparities continue to exist.
That is the reason why I am introducing the Minority Health and
Health Disparity Elimination Act, as part of our effort to reduce or
eliminate these unacceptable differences in the health and health care
of racial and ethnic minorities.
The bill includes grants and demonstration projects that will help
communities promote positive health behaviors and improve outreach,
participation, and enrollment of racial and ethnic minorities in
available health care programs. The bill will also establish
collaborative partnerships led by community health centers. In
particular it will support the Delta Health Initiative Rural Health,
Education, and Workforce Infrastructure Demonstration Program to
address longstanding, unmet health and health care needs in the
Mississippi Delta
In addition, the bill codifies the Centers for Disease Control and
Prevention's Racial and Ethnic Approaches to Community Health Program,
so that this successful program can continue to assist communities to
mobilize and organize resources to support effective and sustainable
programs to help close the health and health care gap. It also
establishes Health Action Zones to support State, tribal or local
initiatives to improve minority health in communities that have been
historically burdened by health disparities.
Greater diversity in the health care workforce is essential to
creating a healthy America. Studies demonstrate that minority health
professionals are more likely to care for minority patients, including
those who are low-income and uninsured. African Americans, Hispanic
Americans, and Native Americans account for only 6 percent of the
Nation's doctors and 5 percent of nurses and dentists, even though they
are almost one-quarter of the U.S. population. The disparity in the
health workforce must be closed, not just to fulfill our commitment to
equality and opportunity, but also because of the impact it has on the
health of America.
The act reauthorizes the title VII health care workforce diversity
programs, including the Centers of Excellence at Historically Black
Colleges and Universities and institutions that educate Hispanic and
Native American students.
A diverse health care workforce is essential for a healthy country.
Emphasizing workforce diversity does not mean that health care workers
should not be prepared to work with diverse patients. We must also make
a more serious effort to train culturally competent health care
professionals, and to create a health care system that is accessible
for the more than 48 million Americans who speak a language other than
English at home. The bill creates an Internet clearinghouse to increase
cultural competency and improve communication between health care
providers and patients. It also supports the development of curricula
on cultural competence in health professions schools.
Language barriers in health care obviously contribute to reduced
access and poorer care for those who have limited English proficiency
or low health literacy. The legislation recognizes the importance of
this issue for the quality of our health care system and provides funds
for activities to improve and encourage services for such patients.
The bill reauthorizes the National Center for Minority Health and
Health Disparities that was created as part of the Minority Health and
Health Disparities Research and Education Act of 2000. It strengthens
the center's role in coordinating and planning research that focuses on
minority health and health disparities at the National Institutes of
Health. The bill also requires the Agency for Health care Research and
Quality to establish a grant program to support private research
initiatives and a public-private partnership to evaluate and identify
the best practices in disease management strategies and interventions.
In addition, the bill ensures that research on genetic variation
within and between populations includes a focus on racial and ethnic
minorities. It also promotes the participation of racial and ethnic
minorities in clinical trials and intensifies efforts throughout the
Department of Health and Human Services to increase and apply knowledge
about the interaction of racial, genetic, and environmental factors
that affect people's health.
Finally, the bill reinforces and clarifies the duties of the Office
of Minority Health and instructs the office to develop and implement a
comprehensive department-wide plan to improve minority health and
eliminate health disparities. It also encourages greater cooperation
among federal agencies and departments in meeting these serious
challenges.
We have worked diligently with a wide variety of organizations on
this bill that are eager for strong legislation to eliminate health
disparities. The following groups have expressed their support: Aetna,
American Association of Colleges of Pharmacy, American Heart
Association/American Stroke Association, American Public Health
Association, Asian American and Pacific Islander Health Forum,
Association for Community Affiliated Plans, Association of Minority
Health Professions Schools, California Pan-Ethnic Network, Charles R.
Drew University of Medicine and Science, Families USA, Harvard Medical
School, Massachusetts General Hospital, Meharry Medical College,
Morehouse School of Medicine, National Association of Community Health
Centers, National Association of Public Hospitals and Health Systems,
National Coalition for Hispanic Health--Campaign for Tobacco Free Kids,
Hispanic Association of Colleges and Universities, League of United
Latin American Citizens, National Council of La Raza, National Hispanic
Caucus of State Legislators, National Hispanic Medical Association,
National Puerto Rican Coalition--National Council of La Raza, National
Health Law Program, National Hispanic Medical Association, National
Medical Association, Network Health, Racial and Ethnic Health
Disparities, REHDC, and Summit Health Institute for Research and
Education.
I look forward to working with these dedicated groups as we work
towards final passage of this bill.
I greatly appreciate the cooperation of Senator Cochran, Senator
Obama, Senator Bingaman, Senator Clinton, Senator Brown, and Senator
Durbin on this legislation, and I look forward to working with my
colleagues to enact this much needed legislation.
Mr. OBAMA. Mr. President, this Nation has witnessed dramatic
improvements in public health and health care technology and practice
over the last century. Diseases that were once life-threatening are now
curable; conditions that once devastated are now treatable. Our Federal
investment in
[[Page S7351]]
medical research has paid off handsomely, with new and more effective
tests and treatments and near daily reports of new scientific
breakthroughs. Yet still today too many Americans have not and will not
derive full benefit from these advances.
We know that minority Americans and other vulnerable populations
needlessly continue to experience higher rates of disease and lower
rates of survival, and this is simply unacceptable. As we in the
Congress work to combat the serious health issues that threaten the
well-being of all Americans, we must also remain vigilant and committed
in our fight to address the persistent and pervasive health disparities
that affect millions of minorities, low-income individuals and other
at-risk populations.
Congress has passed legislation before to address the health of
minority populations and eliminate health disparities--the Minority
Health and Health Disparities Research and Education Act of 2000. That
bill created the National Center for Minority Health and Health
Disparities, supported the landmark IOM report Unequal Treatment,
required annual reporting on health care disparities by AHRQ, and
strengthened the research base for many HBCU's, among many other
provisions.
Since that bill passed, our knowledge and understanding about the
root causes of these disparities has dramatically increased. Efforts to
strengthen the research infrastructure needed to investigate health
concerns among people of color have been quite effective. Momentum has
also accelerated in the medical and public health communities as
advocates' voices are heard more and more, with new interventions being
implemented and evaluated. All of these positive steps and advances
have helped to raise minority health as a national priority. However,
despite this activity, much work remains to be done in order to close
the gap and eliminate health and health care disparities.
Study after study reveals the stark line of health disparity drawn
between minorities and whites. In cancer alone, the numbers are hard to
overlook. In 2004, African American men were 2.4 times as likely to die
from prostate cancer, as compared to white men. For heart disease, the
statistics are equally compelling: 2004 data show that when compared to
white men, African American men were 30 percent more likely to die from
heart disease, and American Indian adults were 30 percent more likely
to have high blood pressure.
The underlying factors for health disparities are multi-factorial.
Our individual genetic makeup certainly contributes to differences in
rates of disease and mortality in diverse populations. However, other
factors play an equal if not greater role. We know that minority and
low-income Americans are disproportionately less likely to live in
communities that promote healthy behaviors and choices through access
to wholesome foods and opportunities for physical activity, and that
protect from exposure to environmental toxins and violence. In
addition, minority Americans are less likely to have health coverage
and thus more likely to experience difficulties accessing the health
care system, which leads to delayed diagnoses and foregone care. And
last but not least, we know that minority Americans are less likely to
receive medical care that meets recommended or accepted standards of
practice, when compared to White Americans. As an example, the American
Journal of Public Health has reported that more than 886,000 deaths
could have been prevented from 1991 to 2000 if African Americans had
received the same level of health care as Whites.
For all of these reasons, I am joining my colleagues Senator Kennedy
and Senator Cochran in introducing the Minority Health Improvement and
Health Disparity Elimination Act of 2007. This critical legislation has
a number of important provisions to help us achieve our goal to improve
the health status of minority and other underserved populations. First,
this bill strengthens education and training in cultural competence and
communication, which is the cornerstone of quality health care for all
patients. It also reauthorizes the pipeline programs in title VII of
the Public Health Service Act, which seek to increase diversity in the
health professions. We all know that the door to opportunity is only
half open for minority students in the health professions. The
percentage of minority health professionals is shockingly low--African
Americans, Hispanics and American Indians account for one-third of the
Nation's population but less than 10 percent of the Nation's doctors,
less than 5 percent of dentists and only 12 percent of nurses. We can--
and must--do better.
Lack of workforce diversity has serious implications for both access
and quality of health care. Minority physicians are significantly more
likely to treat low-income patients, and their patients are
disproportionately minority. Studies have also shown that minority
physicians provide higher quality of care to minority patients, who are
more satisfied with their care and more likely to follow the doctor's
recommendations.
Second, this bill expands and supports a number of initiatives to
increase access to quality care. Specifically, the legislation
authorizes demonstration grants to improve access to healthcare,
patient navigators, and health literacy education services.
Additionally, partnerships modeled after the Health Disparity
Collaboratives at the Bureau of Primary Health Care are supported
through established grants. The REACH program at Centers for Disease
Control and Prevention--designed to assist communities in mobilizing
and organizing resources to support effective and sustainable programs
to reduce health disparities--is established under this bill. And I am
pleased that the Health Action Zone Initiative has also been
authorized. This new environmental public health program was introduced
as part of the Healthy Communities Act of 2007 that I introduced
earlier this year, and guides and strengthens community efforts to
improve health in comprehensive and sustained fashion.
A third area of focus is expansion and acceleration of data
collection and research across the agencies, including the Agency for
Healthcare Research and Quality and the National Institute of Health,
with special emphasis on translational research. The tremendous
advances in medical science and health technology, which have benefited
millions of Americans, have remained out of reach for too many
minorities, and translational research will help to remedy this
problem. The National Center on Minority Health and Health Disparities,
which has a leadership role in establishing the disparities research
strategic plan at the National Institutes of Health, is reauthorized.
And a new advisory committee has been established at the Food and Drug
Administration to focus on pharmacogenomics and its safe and
appropriate use in minority populations, another issue area that I
championed as part of my Genomics and Personalized Medicine Act of
2006.
Last but not least, I want to highlight that the bill strengthens and
clarifies the duties of the Office of Minority Health. This office has
been critical in providing the leadership, expertise and guidance for
health improvement activities across the agencies of the Department of
Health and Human Services, and has helped to ensure coordination,
collaboration and integration of such efforts as well.
In conclusion, I want emphasize that it is past time to expand and
accelerate our work in a of minority health beyond the initial
bipartisan effort Congress achieved in 2000. We have got to translate
the knowledge we have gained into practical and effective interventions
that will improve minority health and eliminate disparities, and this
bill will help us do just that.
I urge my colleagues to join me in cosponsoring and passing this
critical legislation. Regardless of how you measure it, whether by
needless suffering, lost productivity, financial costs, or lives lost,
disparities in health and health care are a tremendous problem and a
moral imperative for our Nation, and one that is within our power to
address right now.
Mrs. CLINTON. Mr. President, I am pleased to join Senators Kennedy,
Cochran, Bingaman, Obama, Durbin and Brown in introducing the Minority
Health Improvement and Health Disparity Elimination Act 2007.
As we debate health care issues, we often discuss what is wrong with
our health care system: Costs are spiraling upward, the ranks of
uninsured have
[[Page S7352]]
increased, and the strains on our system and its ability to provide
quality care have worsened. And while the impact of these situations
are felt by all Americans, the problems with our health care system
often disproportionately impact our racial and ethnic minority
populations.
We continue to have disparities in health care for our minority
populations--disparities in access, disparities in quality, and
disparities in outcomes. The Agency for Healthcare Research and Quality
(AHRQ) tracks these in its annual National Healthcare Disparities
Report, aggregating data from a variety of Federal health surveys and
databases. And the findings from the report are staggering, inc1uding
the following: Minorities had worse access to care than whites; Blacks
and Hispanics received poorer quality care than Whites on more than 70
percent of the measures used by AHRQ; and While gains were made on
approximately one-quarter of the quality indicators, disparities
actually got worse for all minority populations on one-third of the
quality indicators.
These system wide disparities have translated into increased burden
of disease for our racial and ethnic minority populations.
HIV/AIDS is devastating our African-American communities. Blacks
account for about half of all new HIV/AIDS diagnoses. In New York City,
the rate of new HIV diagnoses is six times higher among Blacks than
Whites. In addition, the AIDS case rate among Hispanic populations is
about 3.5 times higher than that of Whites.
The incidence of asthma is highest among Puerto Rican populations,
with 22 percent of these individuals receiving a diagnosis of asthma, a
rate roughly double that of White populations. Although African-
Americans have slightly higher rates of asthma than White populations,
they experience disparities in asthma management and access to care.
The emergency department visit rate for Blacks seeking asthma treatment
was 350 percent higher than that of the rates for Whites, while the
hospitalization rate for Blacks with asthma was 240 percent higher than
that for Whites with asthma.
One out of every 10 Asian Americans will be diagnosed with diabetes.
Among all Americans with diabetes, Blacks are about two times more
likely to require amputations, two to five times more likely to have
kidney disease, and twice as likely to suffer from diabetes-related
blindness.
The impact of health disparities are experienced not only by racial
and ethnic minority communities but by all of us. They are symptomatic
of the underuse and misuse of health care. And the costs associated
with these disparities--such as delayed diagnoses and complications
that result from lack of access to primary care--add unnecessary costs
to our health care system.
The Minority Health Improvement and Health Disparity Elimination Act
of 2007 would allow us to address healthcare disparities through a
variety of mechanisms.
The bill will create a cultural competency clearinghouse, helping
providers to understand, first of all, the concept of cultural
competence, and second, how to better tailor care to their patients of
diverse backgrounds. We cannot, for example, ask a person with diabetes
to make changes to their diet if we do not understand what foods are
part of their diet. Having a culturally competent health care system is
especially important in my home State of New York, where our residents
come from all over the world. With the information that will be
available in this clearinghouse, we will make it easier for both
patients and providers to communicate and understand essential concepts
of care.
The Minority Health Improvement and Health Disparity Elimination Act
will improve health professions programs that increase recruitment and
retention of underrepresented minorities in the health professions. New
York's population is 15 percent Black and 15.6 percent Hispanic, yet
the percentage of Black physicians practicing in our State is 3.2
percent, and the percentage of Hispanic physicians practicing in our
State is 2.3 percent. This bill will reauthorize the Centers of
Excellence established by the Health Resources and Services
Administration, HRSA--a program that has benefited the Mt. Sinai School
of Medicine--and establish new programs to train mid-career individuals
in the health professions.
It will codify currently existing health promotion and disease
prevention activities targeted toward racial and ethnic minorities,
including the Centers for Disease Control and Prevention's Racial and
Ethnic Approaches to Community Health, REACH. REACH grantees working in
northern Manhattan have managed to increase childhood immunization
rates by 10 to 15 percent. It will also codify the Health Disparities
Collaboratives program operated by HRSA, through which health centers
across the country focus on improving their treatments for specific
diseases, or implementing models to improve patient care. These centers
include Whitney Young Health Center in Albany, NY, which, through this
collaborative, successfully helped more than 200 patients learn how to
manage their asthma.
The legislation will establish new programs to increase community
health workers, address environmental health concerns, and improve
outreach and enrollment, thus reducing barriers to accessing care. It
will increase support for the Agency for Healthcare Research and
Quality's research into healthcare disparities and help to improve
overall data collection.
The Minority Health Improvement and Health Disparity Elimination Act
will reauthorize the National Center for Minority Health and Health
Disparities at the National Institutes of Health, which is designed to
conduct and support health disparities research; disseminate
information about disparities, and reach out to racial and ethnic
minority disparity communities. Through the Center, New York University
received support for its Center for the Study of Asian American Health,
a collaboration between researchers, health providers, and community
organizations that is designed to reduce the disparities faced by Asian
Americans in New York City.
Finally, the legislation would reauthorize and strengthen the Office
of Minority Health, OMH, at HHS, requiring it to develop a National
Action Plan to address disparities in collaboration with other Federal
health agencies. The OMH has provided support to New York's Office of
Minority Health, as well as community-based organizations in Syracuse,
Buffalo, and Lower Manhattan, and this reauthorization of the office
will allow them to support and sustain more programs at the State and
local level.
I am excited about this legislation because I have seen what happens
in communities when we come together--providers, researchers, and
neighborhood leaders--to address these concerns. Last month, the
University of Rochester and the Monroe County Health Department
announced that an initiative to increase pneumococcal immunization
rates in African-American seniors resulted in a more than 30-percent
gain in immunization rates--protecting more New Yorkers against
pneumonia and reducing the vaccination disparity between Blacks and
Whites.
I believe that the Minority Health Improvement and Health Disparity
Elimination Act will allow us to create, maintain, and support this
type of collaboration across the Nation. It will make a real change in
the health care for our minority communities and improve the quality of
care received by all Americans. I look forward to working with my
colleagues in Congress to pass this legislation as quickly as possible.
Mr. DURBIN. Mr. President, Abraham Lincoln once said, ``The
declaration that `all men are created equal' is the great fundamental
principle upon which our free institutions rest.''
As a Senator representing the distinguished land of Lincoln, I take
seriously our Nation's promise for equality, particularly when it comes
to health care.
I rise today as a strong and proud cosponsor of the Minority Health
Improvement and Health Disparity Elimination Act of 2007--an important
piece of legislation, long in the making, and long overdue.
Not since 2000 has our Congress made a concerted effort to address
the health of some of our most at-risk populations--people of color.
[[Page S7353]]
In these 7 years, we have not seen a substantial improvement in the
health status of people of color.
Cervical cancer, a disease that can be greatly reduced by effective
health care, is five times more common among Vietnamese women in the
United States than it is among Caucasian women.
African Americans with diabetes are seven times more likely to have
amputations and develop kidney failure than are Caucasians with
diabetes.
In Chicago's Latino community, you will likely find one in two Latino
children who are obese, a condition that often leads to the onset of
diabetes.
In the hospitals of East St. Louis, it's likely that African-American
babies die at more than double the rate of White infants.
In the small town of Cairo, families have to travel hours to other
parts of the State and sometimes even to other States to obtain the
right care.
In general, we are making progress in prolonging life. Death rates
for Whites, African Americans, and Latinos from many of our most
debilitating diseases have declined during the last decade. But what
progress are we making on quality of life during those extra years? Is
the answer different depending on the racial or ethnic minority groups?
Simply speaking, yes.
Even when controlling for insurance coverage and economic status,
racial and ethnic minorities tend to have less access to health care
and a lower quality of health care than their Caucasian counterparts.
The Centers for Disease Control and Prevention has reported that,
among a wide range of health indicators, ``relatively little progress
has been made toward the goal of eliminating racial/ethnic
disparities.''
In general, yes, Americans are healthier, but the shameful gaps
between minority groups and Caucasians remain nearly the same as a
decade ago.
When will we as a nation demand more and work harder to reach that
ideal of equality that is a pillar of our Nation's moral strength?
This legislation is a critical step toward achieving that notion of
equality: the belief that we are all created equal and as such should
have equal access to quality care.
Why is it that this country spends so much more than any other
industrialized country on its health care, but has consistently lagged
behind other countries in delivering better health outcomes? Why is it
that one in six Americans, almost one in three African Americans,
almost one in two Latino Americans, are uninsured? Why do our health
outcomes not reflect the $2 trillion investment we make in health care
each year? There is a disconnect between the rhetoric around our
Nation's health crisis and where our resources are placed. It is a
shame, and we can do better.
Our health workforce should reflect, understand, and respect the
backgrounds, experiences, and perspectives of the people it serves. We
need to recruit, train and retain health care professionals from
underrepresented groups and underserved areas.
In areas like downstate Illinois, small communities rely heavily on
Federal incentives, such as loan repayment, the Health Careers
Opportunity Program, and Centers of Excellence to create a critical
pipeline of professionals.
Graduates of title VII programs are more likely to serve in
underserved areas. That is the outcome we want, so we need to support
successful programs like these.
In addition to improving the diversity of our workforce, we need to
redouble efforts to fight diseases that disproportionately affect
racial and ethnic minorities--diseases like diabetes, heart disease,
breast cancer and so many others.
To accurately respond to the presence of health care disparities and
try to address them, we need better data on health care access and
utilization that includes race, ethnicity, primary language, and socio-
economic status. To develop accurate solutions, we need accurate
information on prevalence, contributing factors, and effects of health
care disparities.
The Minority Health Improvement and Health Disparity Elimination Act
of 2007 is a critically important step toward improving the access,
workforce, research and information that will close the color gap that
exists in health care today. I look forward to working with my
colleagues to improve the health of all Americans and, specifically, to
eliminate health disparities that hurt our communities of color, and
all of us.
I did not always agree with the former majority leader, Senator
William H. Frist, but I couldn't agree more with his statement that,
``Inequity is a cancer that can no longer be allowed to fester in
health care.''
I urge my colleagues to support the health disparity legislation
introduced today.
______
By Mr. KOHL (for himself, Mr. Domenici, Mrs. McCaskill, Ms.
Stabenow, Mrs. Lincoln, Mr. Levin, and Mrs. Clinton):
S. 1577. A bill to amend titles XVIII and XIX of the Social Security
Act to require screening, including national criminal history
background checks, of direct patient access employees of skilled
nursing facilities, nursing facilities, and other long-term facilities
and providers, and to provide for nationwide expansion of the pilot
program for national and State background checks on direct patient
access employees of long-term care facilities or providers; to the
Committee on Finance.
Mr. KOHL. Mr. President, I rise today to introduce the Patient Safety
and Abuse Prevention Act with Senators Domenici, McCaskill, Stabenow,
Lincoln, Levin and Clinton.
This bill is supported by the Elder Justice Coalition, the National
Citizens' Coalition for Nursing Home Reform, the American Association
of Homes and Services for the Aging, AARP and many other organizations
dedicated to protecting our Nation's vulnerable citizens. If enacted,
this legislation could help to prevent many of the tragic tales of
physical and financial elder abuse that we hear about from our
constituents and read about in our local newspapers. I strongly urge
this Congress to do what the States cannot: create a nationwide system
of background checks for workers who care for our Nation's frail elders
and those who are living with disabilities.
The vast majority of long-term care workers are selfless and
dedicated. Yet there are a few with violent criminal histories who pose
a clear threat to the defenseless individuals needing long-term care
services. Under the disorganized, patchwork system of background checks
that exists today, employers trying to hire caregivers do not always
know which applicants have records of abuse or a history of committing
violent crimes. As a result, predators are sometimes hired to take care
of our most vulnerable citizens, allowing them to work in situations
where they can cause enormous harm. For example, in just the last 6
weeks, three stories of such elder abuse created headlines across the
country:
Last year, Pat Torano, at the age of 89, was partially
paralyzed by a stroke. He realized he no longer could care
for his 95-year-old wife, who by then was blind and suffering
from dementia. Intent on staying at home, the Toranos
contracted with Visiting Angels, a network of private home-
care agencies that matches clients with caretakers. They
expected to find an honest professional to help them with
household chores and other non-medical needs. Instead they
got convicted felon Gina Treveno, who stole their house just
five months later by tricking the couple into placing the
deed in her name.
Attorney General Andrew M. Cuomo today announced the
sentencing of William Morrison, a former aide at the Rome
Memorial Hospital Residential Health Care Facility, who was
convicted last month of raping and sexually assaulting a 90-
year-old resident of the nursing home. . . . The background
check would have revealed that Morrison was previously
convicted for one felony drug offense in 1992 and several
misdemeanors in the 1990s.
An 84-year-old man allegedly assaulted at a nursing home
last month is suing the facility, claiming it failed to
protect him from the employee accused of punching him in his
bed. Earl Gates of Bozeman claims Evergreen Bozeman Health
and Rehabilitation center didn't do a background check on his
accused attacker, Joshua Fowler, 23, who has a prior assault
conviction.
The bill that I am introducing today with Senators Domenici,
Stabenow, McCaskill, Lincoln, Levin, and Clinton proposes to take
action to stop predators from working in all long-term care settings.
It would close gaping loopholes in our current system of background
checks through a nationwide expansion of a pilot program that Congress
enacted as part of the Medicare Modernization Act of 2003.
[[Page S7354]]
Under the MMA, the Centers for Medicare and Medicaid Services has
been conducting a pilot program in seven states to implement efficient,
equitable systems that cost-effectively screen out certain applicants
for employment in long-term care facilities. Applicants excluded are
those whose backgrounds include findings of substantiated abuse and/or
a serious criminal history.
The seven pilot States are Alaska, Idaho, Illinois, Michigan, Nevada,
New Mexico and Wisconsin. These States have significant flexibility in
several key areas under the grant. For example, each State establishes
parameters for the definition of a ``direct patient access employee''
for workers who must be checked, and defines specific criteria for
``disqualifying'' crimes that prohibit a long-term care employer from
hiring workers with such histories.
In other areas, the pilot States must meet Federal standards. They
must cover a broad range of long-term care providers, including nursing
homes, home health agencies and intermediate care facilities for the
mentally retarded. States must require each applicant to submit a
written statement disclosing any disqualifying information, and to
authorize a State and national criminal record check.
As is currently required under Federal law, providers must search any
available registry that is likely to contain disqualifying information
about an applicant. Forty-one States already require a criminal
background check of some variety, mostly at the State level. The pilot
States have integrated their systems to coordinate these checks in a
single streamlined process and added a Federal background check through
the FBI's Integrated Automated Fingerprint Identification System.
Applicants who are subsequently found to have a record of substantiated
abuse or a serious criminal history cannot be hired. But individuals
who are denied employment can appeal the background check results.
Finally, facilities can use the results of the background checks only
for the purpose of determining suitability of employment.
That is the basic structure of the pilot program that Congress
enacted 4 years ago. Since then, we have learned important lessons from
the pilot States' experiences. For example, federal funds have been
used for a variety of purposes. States have used pilot funds to hire
new staff to administer background checks; to purchase mobile digital
scanners; to pay for the cost of fingerprint checks; to provide
technical assistance to facilities; and to build online systems that
applicants and providers can readily access, and which serve to
integrate information from various registries and entities, and as
storage and retrieval systems.
States have passed legislation under the pilot program that treat
disqualifying crimes somewhat differently. For example, Michigan has
created a tiered system, under which certain disqualifying crimes carry
time-limited prohibitions on working in long-term care facilities. By
comparison, Wisconsin has chosen to enact legislation defining
disqualifying crimes as those that carry a lifetime ban only. Alaska
has established a ``variance'' process to permit certain individuals to
work who have committed crimes but who have subsequently shown evidence
of recovery. Similarly, in Idaho, some disqualifying crimes result in
an ``unconditional'' denial that carries a lifetime ban on working in
long-term care settings, while others result in ``conditional'' denials
that apply to less serious crimes that may be waived under certain
circumstances, following an ``exemption review'' by the Department of
Health and Welfare.
The data on results from the pilot programs are impressive. Among the
seven States, Michigan's information is the most complete. In the first
year of operation, Michigan excluded more than 3,000 people with
records of abuse or a disqualifying criminal history. As of April 30,
2007, 625 of these were excluded through a fingerprint check. Twenty-
five percent of these exclusions were identified through an FBI check
only, a fact that State officials believe indicates that these
individuals committed crimes in other States, or have been avoiding
prosecution within the State. Information for Nevada, while less
complete, suggests similar results. As of last December, Nevada was
identifying an even higher percentage of individuals with criminal
histories on the basis of an FBI check only.
The director of Michigan's workforce background check program, Orlene
Christie, recently testified before the Special Committee on Aging
about the State's program. ``The applicants that have been excluded
from employment are not the types of people Michigan could ever allow
to work with our most vulnerable citizens,'' she said. ``We have
prevented hardened criminals that otherwise would have access to our
vulnerable population from employment.''
Ms. Christie also noted that ``of the criminal history reports
examined, fraudulent activity and controlled substance violations
account for 25 percent of all disqualifying crimes. Fraudulent activity
includes such things as embezzlement, identity theft, and credit card
fraud. This is particularly alarming giving the projected increase in
financial abuse of the elderly.''
Importantly, Michigan has implemented a ``rap back'' system where the
Michigan State Police notifies the health agency of any subsequent
arrest, which in turn notifies the employer. This is a key component of
the bill we are introducing today. It will allow the States, as well as
the FBI, to ensure that an employer will be automatically notified as
soon as a worker's criminal history record is updated.
To find out what providers think of the pilot program, Idaho
conducted a survey of participating facilities, which found 87 percent
believed the background checks were successfully screening out workers
who shouldn't be hired. Additionally, 63 percent said that the quality
of employees hired has improved since the pilot began.
The pilot program demonstrates that participating States are
successfully excluding individuals who have a history of abuse or a
disqualifying criminal background. If this model is expanded, the
resulting nationwide system would greatly enhance the probability of
identifying individuals with criminal backgrounds who can now easily
escape detection. If all States had parallel, multi-level,
comprehensive systems in place, very few potentially abusive workers
would be hired into positions of caring for the extremely vulnerable
residents of our Nation's long-term care facilities.
The MMA pilot program is scheduled to end this September. I urge the
Senate not to let this initiative simply expire. Rather, I hope that we
will take the logical step of expanding on the success of this program,
and provide limited federal funding for all other States to create
similar programs. The Patient Safety and Abuse Prevention Act also lays
out sensible standards for creating a nationwide system that will
prevent predators, who now go undetected, from being hired into
positions where they can harm society's most vulnerable people. I
sincerely hope that all of my colleagues will join me in this effort.
I ask unanimous consent that the bill and supporting material be
printed in the Record.
There being no objection, material was ordered to be printed in the
Record, as follows:
S. 1577
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 ``Patient Safety and Abuse
Prevention Act of 2007''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Frail elders are a highly vulnerable population who
often lack the ability to give consent or defend themselves.
Since the best predictor of future behavior is past behavior,
individuals with histories of abuse pose a definite risk to
patients and residents of long-term care facilities.
(2) Every month, there are stories in the media of health
care employees who commit criminal misconduct on the job and
are later found, through a background check conducted after
the fact, to have a history of convictions for similar
crimes.
(3) A 2006 study conducted by the Department of Health and
Human Services determined that--
(A) criminal background checks are a valuable tool for
employers during the hiring process;
(B) the use of criminal background checks during the hiring
process does not limit the pool of potential job applicants;
(C) ``a correlation exists between criminal history and
incidences of abuse''; and
(D) the long-term care industry supports the practice of
conducting background
[[Page S7355]]
checks on potential employees in order to reduce the
likelihood of hiring someone who has potential to harm
residents.
(4) In 2005, the Michigan Attorney General found that 10
percent of employees who were then providing services to
frail elders had criminal backgrounds.
(5) In 2004, the staffs of State Adult Protective Services
agencies received more than 500,000 reports of elder and
vulnerable adult abuse, and an ombudsman report concluded
that more than 15,000 nursing home complaints involved abuse,
including nearly 4,000 complaints of physical abuse, more
than 800 complaints of sexual abuse, and nearly 1,000
complaints of financial exploitation;
(6) The Department of Health and Human Services has
determined that while 41 States now require criminal
background checks on certified nurse aides prior to
employment, only half of those (22) require criminal
background checks at the Federal level.
(b) Purposes.--The purposes of this Act are to--
(1) create a coordinated, nationwide system of State
criminal background checks that would greatly enhance the
chances of identifying individuals with problematic
backgrounds who move across State lines;
(2) stop individuals who have a record of substantiated
abuse, or a serious criminal record, from preying on helpless
elders and individuals with disabilities; and
(3) provide assurance to long-term care employers and the
residents they care for that potentially abusive workers will
not be hired into positions of providing services to the
extremely vulnerable residents of our Nation's long-term care
facilities.
SEC. 3. NATIONWIDE EXPANSION OF PILOT PROGRAM FOR NATIONAL
AND STATE BACKGROUND CHECKS ON DIRECT PATIENT
ACCESS EMPLOYEES OF LONG-TERM CARE FACILITIES
OR PROVIDERS.
Section 307 of the Medicare Prescription Drug, Improvement,
and Modernization Act of 2003 (42 U.S.C. 1395aa note) is
amended by adding at the end the following new subsection:
``(h) Nationwide Expansion Program.--
``(1) In general.--Beginning on the date of enactment of
the Patient Safety and Abuse Prevention Act of 2007, the
Secretary shall expand the pilot program under this section
to be conducted on a nationwide basis (in this subsection,
such expanded pilot program shall be referred to as the
`nationwide expansion program'). Except for the following
modifications, the provisions of this section shall apply to
the nationwide expansion program:
``(A) Agreements.--
``(i) Newly participating states.--The Secretary shall
enter into agreements with each State--
``(I) that the Secretary has not entered into an agreement
with under subsection (c)(1);
``(II) that agrees to conduct background checks under the
nationwide expansion program on a Statewide basis; and
``(III) that submits an application to the Secretary
containing such information and at such time as the Secretary
may specify.
``(ii) Certain previously participating states.--The
Secretary shall enter into agreements with each State--
``(I) that the Secretary has entered into an agreement with
under subsection (c)(1) in the case where such agreement did
not require the State to conduct background checks under the
pilot program established under subsection (a) on a Statewide
basis;
``(II) that agrees to conduct background checks under the
nationwide expansion program on a Statewide basis; and
``(III) that submits an application to the Secretary
containing such information and at such time as the Secretary
may specify.
``(B) Nonapplication of selection criteria.--The selection
criteria required under subsection (c)(3)(B) shall not apply.
``(C) Required fingerprint check as part of criminal
history background check.--The procedures established under
subsection (b)(1) shall require that the facility or provider
obtain State and national criminal history background checks
on the prospective employee utilizing a search of State and
Federal criminal history records and including a fingerprint
check using the Integrated Automated Fingerprint
Identification System of the Federal Bureau of Investigation.
``(D) Payments.--
``(i) Newly participating states.--
``(I) In general.--As part of the application submitted by
a State under subparagraph (A)(i)(III), the State shall
guarantee, with respect to the costs to be incurred by the
State in carrying out the nationwide expansion program, that
the State will make available (directly or through donations
from public or private entities) a particular amount of non-
Federal contributions.
``(II) Federal match.--The payment amount to each State
that the Secretary enters into an agreement with under
subparagraph (A)(i) shall be 3 times the amount that the
State guarantees to make available under subclause (I),
except that in no case may the payment amount exceed
$3,000,000.
``(ii) Previously participating states.--
``(I) In general.--As part of the application submitted by
a State under subparagraph (A)(ii)(III), the State shall
guarantee, with respect to the costs to be incurred by the
State in carrying out the nationwide expansion program, that
the State will make available (directly or through donations
from public or private entities) a particular amount of non-
Federal contributions.
``(II) Federal match.--The payment amount to each State
that the Secretary enters into an agreement with under
subparagraph (A)(ii) shall be 3 times the amount that the
State guarantees to make available under subclause (I),
except that in no case may the payment amount exceed
$1,500,000.
``(iii) No reservation for evaluation.--There shall be no
reservation of any portion of the payment amount provided
under clauses (i) or (ii) for conducting an evaluation.
``(E) Evaluations and report.--
``(i) Evaluations.--The Inspector General of the Department
of Health and Human Services shall conduct an annual
evaluation of the nationwide expansion program in each of
calendar years 2008 and 2009.
``(ii) Reports.--Not later than 6 months after completion
of the second year of the nationwide expansion program, the
Inspector General of the Department of Health and Human
Services shall submit a report to Congress containing the
results of the annual evaluations conducted under clause (i),
together with recommendations for the implementation of the
requirements of sections 1819(b)(9) and 1919(b)(9) of the
Social Security Act, as added by section (3)(a) of the
Patient Safety and Abuse Prevention Act of 2007.
``(2) Funding.--
``(A) Notification.--The Secretary shall notify the
Secretary of the Treasury of the amount necessary to carry
out the nationwide expansion program under this subsection
for the period of fiscal years 2008 through 2010, except that
in no case shall such amount exceed $156,000,000.
``(B) Transfer of funds.--Out of any funds in the Treasury
not otherwise appropriated, the Secretary of the Treasury
shall provide for the transfer to the Secretary of the amount
specified as necessary to carry out the nationwide expansion
program under subparagraph (A).''.
SEC. 4. BACKGROUND CHECKS ON DIRECT PATIENT ACCESS EMPLOYEES
OF LONG-TERM CARE FACILITIES AND PROVIDERS.
(a) Screening of Skilled Nursing Facility and Nursing
Facility Employee Applicants.--
(1) Medicare program.--
(A) In general.--Section 1819(b) of the Social Security Act
(42 U.S.C. 1395i-3(b)) is amended by adding at the end the
following new paragraph:
``(9) Screening of direct patient access employees.--
``(A) Screening and criminal history background checks on
applicants.--
``(i) Screening.--Beginning on January 1, 2011, before
hiring a direct patient access employee, a skilled nursing
facility shall screen the employee for any disqualifying
information in accordance with such procedures as the State
shall establish through a search of--
``(I) State-based abuse and neglect registries and
databases, including the abuse and neglect registries and
databases of another State in the case where a prospective
employee previously resided in that State; and
``(II) criminal records and the records of any proceedings
that may contain disqualifying information about applicants,
such as proceedings conducted by State professional licensing
and disciplinary boards and State medicaid fraud control
units.
``(ii) Criminal history background checks.--As part of such
screening, the skilled nursing facility shall request that
the State agency designated under subsection (e)(6)(E)
oversee the coordination of a State and national criminal
history background check that utilizes a search of State and
Federal criminal history records and includes a fingerprint
check using the Integrated Automated Fingerprint
Identification System of the Federal Bureau of Investigation.
``(iii) Use of procedures previously established.--Nothing
in this paragraph shall be construed as preventing a State
from using procedures established for purposes of the pilot
program for National and State background checks on direct
patient access employees of long-term care facilities or
providers under section 307 of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003, or the
nationwide expansion program under subsection (h) of such
section, to satisfy the requirements of paragraph (6).
``(B) Prohibition on hiring of abusive workers.--
``(i) In general.--Subject to clause (ii), a skilled
nursing facility may not knowingly employ any direct patient
access employee who has any disqualifying information (as
defined in subparagraph (F)(ii)).
``(ii) Provisional employment.--Subject to clause (iii),
the State may permit a skilled nursing facility to provide
for a provisional period of employment (not to exceed 30
days) for a direct patient access employee--
``(I) pending completion of the screening and background
check required under subparagraph (A); and
``(II) in the case where the employee has appealed the
results of such screening and background check, pending
completion of the appeals process.
``(iii) Supervision.--The facility shall maintain direct
on-site supervision of the employee during such provisional
period of employment.
``(C) Procedures.--
[[Page S7356]]
``(i) In general.--The procedures established by the State
under subparagraph (A) shall be designed to accomplish the
following:
``(I) Give a prospective direct patient access employee
notice that the skilled nursing facility is required to
perform background checks with respect to new employees,
including a fingerprint check as part of the national
criminal history background check conducted under
subparagraph (A)(ii) in the case of any new employee who does
not have a certificate indicating that a fingerprint check
has been completed and has not found any disqualifying
information (as described in subclause (V)).
``(II) Require, as a condition of employment, that the
employee--
``(aa) provide a written statement disclosing any
disqualifying information;
``(bb) provide a statement signed by the employee
authorizing the facility to request a background check that
includes a search of the registries and databases described
in clause (i)(I) of subparagraph (A) and the records
described in clause (i)(II) of such subparagraph and a
criminal history background check conducted in accordance
with clause (ii) of such subparagraph that includes a
fingerprint check using the Integrated Automated Fingerprint
System of the Federal Bureau of Investigation;
``(cc) provide the facility with a rolled set of the
employee's fingerprints or submit to being fingerprinted; and
``(dd) provide any other identification information the
State may require.
``(III) Require the skilled nursing facility to check any
available registries that would be likely to contain
disqualifying information about a prospective employee,
including the registries and databases described in subclause
(I) of subparagraph (A)(i) and the records described in
clause (II) of such subparagraph.
``(IV) Provide a prospective direct patient access employee
the opportunity to request a copy of the results of the
background check conducted with respect to such employee and
to correct any errors by providing appropriate documentation
to the State and the facility.
``(V) Upon completion of a fingerprint check as part of the
national criminal history background check conducted with
respect to a direct patient access employee under
subparagraph (A)(ii), provide the skilled nursing facility
and the direct patient access employee with a certificate
indicating that such fingerprint check has been completed and
no disqualifying information was found. Such certificate
shall--
``(aa) be valid for 2 years; and
``(bb) in the case where such direct patient access
employee is hired by any other skilled nursing facility
located in the State during such 2-year period, satisfy the
requirement that such facility have a fingerprint check
conducted as part of such national criminal history
background check.
``(ii) Elimination of unnecessary checks.--The procedures
established by the State under subparagraph (A) shall permit
a skilled nursing facility to terminate the background check
at any stage at which the facility obtains disqualifying
information regarding a prospective direct patient access
employee.
``(iii) Development of model form of certificate.--The
Secretary shall develop a model form of the certificate
described in clause (i)(V) that States may use to satisfy the
requirements of such clause.
``(D) Use of information; immunity from liability.--
``(i) Use of information.--A skilled nursing facility that
obtains information about a direct patient access employee
pursuant to screening or a criminal history background check
shall use such information only for the purpose of
determining the suitability of the employee for employment.
``(ii) Immunity from liability.--A skilled nursing facility
that, in denying employment for an applicant, reasonably and
in good faith relies upon credible information about such
applicant provided by a criminal history background check
shall not be liable in any action brought by such applicant
based on the employment determination resulting from the
information.
``(iii) Prohibition on charging employees fees for
conducting background checks.--A skilled nursing facility
shall not charge a prospective direct patient access employee
a fee for the screening or criminal history background check
conducted under this paragraph.
``(E) Penalties.--
``(i) In general.--
``(I) State penalties.--Subject to subclause (II), a
skilled nursing facility that violates the provisions of this
paragraph shall be subject to such penalties as the State
determines appropriate to enforce the requirements of this
paragraph. A skilled nursing facility shall report to the
Secretary on a quarterly basis any penalties imposed by the
State under the preceding sentence.
``(II) Exclusion from participation.--In any case where the
Secretary determines that a State is not sufficiently
enforcing the requirements of this paragraph, the Secretary
may exclude a skilled nursing facility located within the
State that violates the provisions of this paragraph from
participating in the programs under this title and title XIX
(in accordance with the procedures of section 1128).
``(ii) Knowing retention of worker.--In addition to any
penalty under clause (i), a skilled nursing facility that
knowingly continues to employ a direct patient access
employee in violation of subparagraph (A) or (B) shall be
subject to a civil penalty in an amount not to exceed $5,000
for the first such violation, and $10,000 for the second and
each subsequent violation within any 5-year period.
``(F) Definitions.--In this paragraph:
``(i) Conviction for a relevant crime.--The term
`conviction for a relevant crime' means any Federal or State
criminal conviction for--
``(I) any offense described in section 1128(a); and
``(II) such other types of offenses, including violent
crimes, as the State may specify.
``(ii) Disqualifying information.--The term `disqualifying
information' means information about a conviction for a
relevant crime or a finding of substantiated patient or
resident abuse.
``(iii) Direct patient access employee.--The term `direct
patient access employee' means any individual who has access
to a patient or resident of a skilled nursing facility
through employment or through a contract with such facility
and has duties that involve (or may involve) one-on-one
contact with a patient or resident of the facility, as
determined by the State for purposes of this paragraph. Such
term does not include a volunteer unless the volunteer has
duties that are equivalent to the duties of a direct patient
access employee and those duties involve (or may involve)
one-on-one contact with a patient or resident of the
facility.''.
(B) Conforming amendment.--Section 1819(e) of the Social
Security Act (42 U.S.C. 1395i-3(e)) is amended by adding at
the end the following new paragraph:
``(6) Screening of direct patient access employees.--
Beginning on January 1, 2011, the State must--
``(A) have procedures in place for the conduct of screening
and criminal history background checks under subparagraph (A)
of subsection (b)(9), in accordance with the requirements of
subparagraph (C) of such subsection;
``(B) be responsible for monitoring compliance with the
procedures and requirements of such subsection;
``(C) as appropriate, provide for a provisional period of
employment of a direct patient access employee under clause
(ii) of subparagraph (B) of such subsection, including
procedures to ensure that a skilled nursing facility provides
direct on-site supervision of the employee in accordance with
clause (iii) of such subparagraph;
``(D) provide an independent process by which a provisional
employee or an employee may appeal or dispute the accuracy of
the information obtained in a background check performed
under such subsection; and
``(E) designate a single State agency as responsible for--
``(i) overseeing the coordination of any State and national
criminal history background checks requested by a skilled
nursing facility utilizing a search of State and Federal
criminal history records, including a fingerprint check of
such records;
``(ii) reviewing, using appropriate privacy and security
safeguards, the results of any State or national criminal
history background checks conducted regarding a prospective
direct patient access employee to determine whether the
employee has any conviction for a relevant crime;
``(iii) immediately reporting to the skilled nursing
facility that requested the criminal history background
checks the results of such review; and
``(iv) in the case of an employee with a conviction for a
relevant crime that is subject to reporting under section
1128E of the Social Security Act (42 U.S.C. 1320a-7e),
reporting the existence of such conviction to the database
established under that section;
``(F) have a system in place for determining and levying
appropriate penalties for violations of the provisions of
such subsection;
``(G) have a system in place for determining which
individuals are direct patient access employees for purposes
of subparagraph (F)(iii) of such subsection;
``(H) as appropriate, specify offenses, including violent
crimes, for purposes of subparagraph (F)(i)(II) of such
subsection; and
``(I) develop `rap back' capability such that, if a direct
patient access employee of a skilled nursing facility is
convicted of a crime following the initial criminal history
background check conducted with respect to such employee, and
the employee's fingerprints match the prints on file with the
State law enforcement department, the department will
immediately inform the State agency designated under
subparagraph (E).''.
(2) Medicaid program.--
(A) In general.--Section 1919(b) of the Social Security Act
(42 U.S.C. 1396r(b)) is amended by adding at the end the
following new paragraph:
``(9) Screening of direct patient access employees.--
``(A) Screening and criminal history background checks on
applicants.--
``(i) Screening.--Beginning on January 1, 2011, before
hiring a direct patient access employee, a nursing facility
shall screen the employee for any disqualifying information
in accordance with such procedures as the State shall
establish through a search of--
``(I) State-based abuse and neglect registries and
databases, including the abuse and neglect registries and
databases of another State in the case where a prospective
[[Page S7357]]
employee previously resided in that State; and
``(II) criminal records and the records of any proceedings
that may contain disqualifying information about applicants,
such as proceedings conducted by State professional licensing
and disciplinary boards and State medicaid fraud control
units.
``(ii) Criminal history background checks.--As part of such
screening, the nursing facility shall request that the State
agency designated under subsection (e)(6)(E) oversee the
coordination of a State and national criminal history
background check that utilizes a search of State and Federal
criminal history records and includes a fingerprint check
using the Integrated Automated Fingerprint Identification
System of the Federal Bureau of Investigation.
``(iii) Use of procedures previously established.--Nothing
in this paragraph shall be construed as preventing a State
from using procedures established for purposes of the pilot
program for National and State background checks on direct
patient access employees of long-term care facilities or
providers under section 307 of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003, or the
nationwide expansion program under subsection (h) of such
section, to satisfy the requirements of paragraph (6).
``(B) Prohibition on hiring of abusive workers.--
``(i) In general.--Subject to clause (ii), a nursing
facility may not knowingly employ any direct patient access
employee who has any disqualifying information (as defined in
subparagraph (F)(ii)).
``(ii) Provisional employment.--Subject to clause (iii),
the State may permit a nursing facility to provide for a
provisional period of employment (not to exceed 30 days) for
a direct patient access employee--
``(I) pending completion of the screening and background
check required under subparagraph (A); and
``(II) in the case where the employee has appealed the
results of such screening and background check, pending
completion of the appeals process.
``(iii) Supervision.--The facility shall maintain direct
on-site supervision of the employee during such provisional
period of employment.
``(C) Procedures.--
``(i) In general.--The procedures established by the State
under subparagraph (A) shall be designed to accomplish the
following:
``(I) Give a prospective direct patient access employee
notice that the nursing facility is required to perform
background checks with respect to new employees, including a
fingerprint check as part of the national criminal history
background check conducted under subparagraph (A)(ii) in the
case of any new employee who does not have a certificate
indicating that a fingerprint check has been completed and
has not found any disqualifying information (as described in
subclause (V))
``(II) Require, as a condition of employment, that the
employee--
``(aa) provide a written statement disclosing any
disqualifying information;
``(bb) provide a statement signed by the employee
authorizing the facility to request a background check that
includes a search of the registries and databases described
in clause (i)(I) of subparagraph (A) and the records
described in clause (i)(II) of such subparagraph and a
criminal history background check conducted in accordance
with clause (ii) of such subparagraph that includes a
fingerprint check using the Integrated Automated Fingerprint
System of the Federal Bureau of Investigation;
``(cc) provide the facility with a rolled set of the
employee's fingerprints or submit to being fingerprinted; and
``(dd) provide any other identification information the
State may require.
``(III) Require the nursing facility to check any available
registries that would be likely to contain disqualifying
information about a prospective employee, including the
registries and databases described in subclause (I) of
subparagraph (A)(i) and the records described in clause (II)
of such subparagraph.
``(IV) Provide a prospective direct patient access employee
the opportunity to request a copy of the results of the
background check conducted with respect to such employee and
to correct any errors by providing appropriate documentation
to the State and the nursing facility.
``(V) Upon completion of a fingerprint check as part of the
national criminal history background check conducted with
respect to a direct patient access employee under
subparagraph (A)(ii), provide the nursing facility and the
direct patient access employee with a certificate indicating
that such fingerprint check has been completed and no
disqualifying information was found. Such certificate shall--
``(aa) be valid for 2 years; and
``(bb) in the case where such direct patient access
employee is hired by any other nursing facility located in
the State during such 2-year period, satisfy the requirement
that such facility have a fingerprint check conducted as part
of such national criminal history background check.
``(ii) Elimination of unnecessary checks.--The procedures
established by the State under subparagraph (A) shall permit
a nursing facility to terminate the background check at any
stage at which the facility obtains disqualifying information
regarding a prospective direct patient access employee.
``(iii) Development of model form of certificate.--The
Secretary shall develop a model form of the certificate
described in clause (i)(V) that States may use to satisfy the
requirements of such clause.
``(D) Use of information; immunity from liability.--
``(i) Use of information.--A nursing facility that obtains
information about a direct patient access employee pursuant
to screening or a criminal history background check shall use
such information only for the purpose of determining the
suitability of the employee for employment.
``(ii) Immunity from liability.--A nursing facility that,
in denying employment for an applicant, reasonably and in
good faith relies upon credible information about such
applicant provided by a criminal history background check
shall not be liable in any action brought by such applicant
based on the employment determination resulting from the
information.
``(iii) Prohibition on charging employees fees for
conducting background checks.--A nursing facility shall not
charge a prospective direct patient access employee a fee for
the screening or criminal history background check conducted
under this paragraph.
``(E) Penalties.--
``(i) In general.--
``(I) State penalties.--Subject to subclause (II), a
nursing facility that violates the provisions of this
paragraph shall be subject to such penalties as the State
determines appropriate to enforce the requirements of this
paragraph. A nursing facility shall report to the Secretary
on a quarterly basis any penalties imposed by the State under
the preceding sentence.
``(II) Exclusion from participation.--In any case where the
Secretary determines that a State is not sufficiently
enforcing the requirements of this paragraph, the Secretary
may exclude a nursing facility located within the State that
violates the provisions of this paragraph from participating
in the programs under this title and title XVIII (in
accordance with the procedures of section 1128).
``(ii) Knowing retention of worker.--In addition to any
penalty under clause (i), a nursing facility that knowingly
continues to employ a direct patient access employee in
violation of subparagraph (A) or (B) shall be subject to a
civil penalty in an amount not to exceed $5,000 for the first
such violation, and $10,000 for the second and each
subsequent violation within any 5-year period.
``(F) Definitions.--In this paragraph:
``(i) Conviction for a relevant crime.--The term
`conviction for a relevant crime' means any Federal or State
criminal conviction for--
``(I) any offense described in section 1128(a); and
``(II) such other types of offenses, including violent
crimes, as the State may specify.
``(ii) Disqualifying information.--The term `disqualifying
information' means information about a conviction for a
relevant crime or a finding of substantiated patient or
resident abuse.
``(iii) Direct patient access employee.--The term `direct
patient access employee' means any individual who has access
to a patient or resident of a nursing facility through
employment or through a contract with such facility and has
duties that involve (or may involve) one-on-one contact with
a patient or resident of the facility, as determined by the
State for purposes of this paragraph. Such term does not
include a volunteer unless the volunteer has duties that are
equivalent to the duties of a direct patient access employee
and those duties involve (or may involve) one-on-one contact
with a patient or resident of the facility.''.
(B) Conforming amendment.--Section 1919(e) of the Social
Security Act (42 U.S.C. 1396r(e)) is amended by adding at the
end the following new paragraph:
``(8) Screening of direct patient access employees.--
Beginning on January 1, 2011, the State must--
``(A) have procedures in place for the conduct of screening
and criminal history background checks under subparagraph (A)
of subsection (b)(9), in accordance with the requirements of
subparagraph (C) of such subsection;
``(B) be responsible for monitoring compliance with the
procedures and requirements of such subsection;
``(C) as appropriate, provide for a provisional period of
employment of a direct patient access employee under clause
(ii) of subparagraph (B) of such subsection, including
procedures to ensure that a nursing facility provides direct
on-site supervision of the employee in accordance with clause
(iii) of such subparagraph;
``(D) provide an independent process by which a provisional
employee or an employee may appeal or dispute the accuracy of
the information obtained in a background check performed
under such subsection; and
``(E) designate a single State agency as responsible for--
``(i) overseeing the coordination of any State and national
criminal history background checks requested by a nursing
facility utilizing a search of State and Federal criminal
history records, including a fingerprint check of such
records;
``(ii) reviewing, using appropriate privacy and security
safeguards, the results of any State or national criminal
history background checks conducted regarding a prospective
direct patient access employee to
[[Page S7358]]
determine whether the employee has any conviction for a
relevant crime;
``(iii) immediately reporting to the nursing facility that
requested the criminal history background checks the results
of such review; and
``(iv) in the case of an employee with a conviction for a
relevant crime that is subject to reporting under section
1128E of the Social Security Act (42 U.S.C. 1320a-7e),
reporting the existence of such conviction to the database
established under that section;
``(F) have a system in place for determining and levying
appropriate penalties for violations of the provisions of
such subsection;
``(G) have a system in place for determining which
individuals are direct patient access employees for purposes
of subparagraph (F)(iii) of such subsection;
``(H) as appropriate, specify offenses, including violent
crimes, for purposes of subparagraph (F)(i)(II) of such
subsection; and
``(I) develop `rap back' capability such that, if a direct
patient access employee of a nursing facility is convicted of
a crime following the initial criminal history background
check conducted with respect to such employee, and the
employee's fingerprints match the prints on file with the
State law enforcement department, the department will
immediately inform the State agency designated under
subparagraph (E).''.
(b) Application to Other Long-Term Care Facilities or
Providers.--
(1) Medicare.--Part E of title XVIII of the Social Security
Act (42 U.S.C. 1395x et seq.) is amended by adding at the end
the following:
``APPLICATION OF SKILLED NURSING FACILITY PREVENTIVE ABUSE PROVISIONS
TO LONG-TERM CARE FACILITIES AND PROVIDERS
``Sec. 1898. (a) The provisions of section 1819(b)(9)
shall apply to a long-term care facility or provider (as
defined in subsection (b)) in the same manner as such
provisions apply to a skilled nursing facility.
``(b) Long-Term Care Facility or Provider.--In this
section, the term `long-term care facility or provider' means
the following facilities or providers which receive payment
for services under this title or title XIX:
``(1) A home health agency.
``(2) A provider of hospice care.
``(3) A long-term care hospital.
``(4) A provider of personal care services.
``(5) A provider of adult day care.
``(6) A residential care provider that arranges for, or
directly provides, long-term care services, including an
assisted living facility that provides a level of care
established by the Secretary.
``(7) An intermediate care facility for the mentally
retarded (as defined in section 1905(d)).''.
(2) Medicaid.--Section 1902(a) of the Social Security Act
(42 U.S.C. 1396a) is amended--
(A) in paragraph (69), by striking ``and'' at the end;
(B) in paragraph (70)(B)(iv), by striking the period at the
end and inserting ``; and''; and
(C) by inserting after paragraph (70)(B)(iv) the following:
``(71) provide that the provisions of section 1919(b)(9)
apply to a long-term care facility or provider (as defined in
section 1898(b)) in the same manner as such provisions apply
to a nursing facility.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on January 1, 2011.
(c) Payments.--
(1) Procedures to reimburse costs of national background
check.--
(A) In general.--The Secretary of Health and Human Services
shall establish procedures to reimburse the costs of
conducting national criminal history background checks under
sections 1819(b)(9), 1919(b)(9), 1898, and 1902(a)(71) of the
Social Security Act, as added by subsections (a)(1), (a)(2),
(b)(1), and (b)(2), respectively, through the following
mechanisms, in such proportion as the Secretary determines
appropriate:
(i) By providing payments to skilled nursing facilities and
long-term care facilities or providers for costs incurred as
are attributable to the conduct of such national criminal
history background checks under such section 1819(b)(9).
(ii) By making a payment, from sums appropriated therefore,
under section 1903(a) of the Social Security Act (42 U.S.C.
1396b(a)) to each State which has a plan approved under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.), for
each quarter, beginning with the quarter commencing on
January 1, 2011, in an amount equal to 90 percent of the sums
expended with respect to costs incurred during such quarter
as are attributable to the conduct of such national criminal
history background checks under such section 1919(b)(9).
(B) Funding for payments for costs incurred under medicare
program.--The Secretary of Health and Human Services shall
provide for the transfer, in appropriate part from the
Federal Hospital Insurance Trust Fund established under
section 1817 of the Social Security Act (42 U.S.C. 1395i) and
the Federal Supplementary Insurance Trust Fund established
under section 1841 of such Act (42 U.S.C. 1395t), of such
funds as are necessary to make payments under subparagraph
(A)(i) for fiscal year 2011 and each fiscal year thereafter.
(C) Determination of appropriate proportion.--In
establishing the procedures under subparagraph (A), the
Secretary of Health and Human Services shall determine what
proportion of payments using the mechanisms described in such
subparagraph would result in an equitable allocation of the
costs of such reimbursement between the Medicare program
under title XVIII of the Social Security Act and the Medicaid
program under title XIX of such Act.
(2) Ensuring no duplicative payments.--The procedures
established under paragraph (1)(A) shall ensure that no
duplicative payments are made for the costs of conducting
such national criminal history background checks, including
any duplication of payments made under the pilot program for
national and State background checks on direct patient access
employees of long-term care facilities or providers under
section 307 of the Medicare Prescription Drug, Improvement,
and Modernization Act of 2007, including the nationwide
expansion program under subsection (h) of such section, as
added by section 3.
(3) Submission of costs incurred by facilities in
performing checks.--
(A) In general.--The procedures established under paragraph
(1)(A) shall provide a process, such as through submission of
a bill, by which a skilled nursing facility, a nursing
facility, and a long-term care facility or provider may
submit information regarding the costs incurred by such
facility in conducting national criminal history background
checks under sections 1819(b)(9), 1919(b)(9), 1898, and
1902(a)(71) of the Social Security Act, as added by
subsections (a)(1), (a)(2), (b)(1), and (b)(2), respectively.
(B) Model forms.--The Secretary of Health and Human
Services shall develop model forms that may be used by a
skilled nursing facility, a nursing facility, and a long-term
care facility or provider to submit a claim for reimbursement
of the costs described in paragraph (1)(A) that contains the
information described in subparagraph (A).
(4) Regulations.--Not later than 3 years after the date of
enactment of this Act, the Secretary of Health and Human
Services shall promulgate regulations to carry out this
subsection.
SEC. 5. BACKGROUND CHECKS PROVIDED BY THE FEDERAL BUREAU OF
INVESTIGATION.
(a) Development of Rap Back Capabilities.--
(1) In general.--Not later than January 1, 2011, the
Director of the Federal Bureau of Investigation (in this
section referred to as the ``Director'') shall ensure that
the Integrated Automated Fingerprint Identification System of
the Federal Bureau of Investigation has the capacity to store
and retrieve fingerprints from its database.
(2) Notification of conviction of direct patient access
employee.--In the case where a direct patient access employee
(as defined in subparagraph (F)(iii) of sections 1819(b)(9)
and 1919(b)(9) of the Social Security Act, as added by
section 4(a)) is convicted of a crime following the initial
national criminal history background check conducted with
respect to such employee under such sections 1819(b)(9) and
1919(b)(9), and the employee's fingerprint matches the prints
on file with the Federal Bureau of Investigation, the Bureau
shall inform the State law enforcement department, in order
for the State to inform the skilled nursing facility, nursing
facility, or long-term care facility or provider of such
conviction in accordance with the requirements of sections
1819(e)(6)(I) and 1919(e)(8)(I) of the Social Security Act,
as added by section 4(a).
(b) Reasonable Fee for National Criminal History Background
Checks Conducted on Employees of Long-Term Care Facilities.--
The Director may charge a reasonable fee, in consultation
with the Secretary of Health and Human Services, for a
national criminal history background check using the
Integrated Automated Fingerprint Identification System of the
Federal Bureau of Investigation that is conducted under
section 1819(b)(9), 1919(b)(9), 1898, or 1902(a)(71) of the
Social Security Act, as added by subsections (a)(1), (a)(2),
(b)(1), and (b)(2) of section 4, respectively, that
represents the actual cost of conducting such national
criminal history background check.
____
The Nursing Home Reform Act Turns Twenty: What Has Been Accomplished,
and What Challenges Remain?
(By Orlene Christie)
Thank you, Senators Kohl and Smith and the Senate Special
Committee on Aging for this opportunity to testify before you
today on Michigan's Workforce Background Check Program.
My name is Orlene Christie, and I am the Director of the
Legislative and Statutory Compliance Office in the Michigan
Department of Community Health. I oversee the Workforce
Background Check Program.
In 2004, Governor Jennifer Granholm and the Michigan
Department of Community Health (MDCH) Director Janet
Olszewski proposed strong requirements to assure the health
and safety of Michigan citizens in long-term care facilities.
This project is a priority for the Governor and the
Department Director. Working cooperatively with the Michigan
Legislature, the Office of Attorney General, and the Centers
for Medicaid and Medicare Services (CMS), Michigan
successfully implemented the Workforce Background Check
Program. Through a competitive process, Michigan secured from
CMS a $3.5 million grant to create an effective statewide
background check system.
Through the passage of Public Acts 27 and 28 of 2006,
Michigan laws were enhanced and
[[Page S7359]]
improved to require all applicants for employment that would
have direct access to our most vulnerable populations--the
elderly and disabled--to undergo a background check.
Additionally, all employees who were hired before the
effective date of April 1, 2006, would need to be
fingerprinted within 24 months of the enactment of the laws.
Before the new laws were passed, only some employees in
nursing homes, county medical care facilities, homes for the
aged, and adult foster care facilities required some type of
background check. Prior to 2006, the background checks were
less comprehensive and primarily included a ``name-based''
check of the Internet Criminal History Tool (ICHAT). The FBI
fingerprint check was only required for employees residing in
Michigan for less than three (3) years. The previous law also
did not require all employees with direct access to residents
in long-term care facilities to undergo a background check.
Further, for those persons who were subject to a background
check, there was no systematic process across the multiple
health and human service agencies to conduct the checks, to
disseminate findings, or to follow through on results.
With Michigan's expansion of the laws, all individuals with
direct access to residents' personal information, financial
information, medical records, treatment information or any
other identifying information are now also required to be
part of Michigan's Workforce Background Check Program in
addition to individuals providing direct services to
patients. The scope of the checks was also enhanced to
include hospice, psychiatric hospitals, and hospitals with
swing beds, home health, and intermediate care facility/
mental retardation (ICFs/MR).
how our program/system works
Michigan created a Web based application that integrates
the databases for the available registries and provides a
convenient and effective mechanism for conducting criminal
history checks on prospective employees, current employees,
independent contractors and those granted clinical privileges
in facilities and agencies covered under the new laws.
Further, the online workforce background check system is
designed to eliminate unnecessary fingerprinting through a
screening process.
As of April 1, 2006, 98,625 applicants had been screened
through Michigan's Workforce Background Check Program. Of the
61,474 applicants that prompted the full background check,
3,262 were deemed unemployable and excluded from potential
hiring pools due to information found on state lists such as
ICHAT, (U.S. HHS Exclusion List) OIG exclusion list, the
nurse aid registry, the sex offender registry, the offender
tracking information system, and the FBI list.
The applicants that have been excluded from employment are
not the types of people Michigan could ever allow to work
with our most vulnerable citizens. We have prevented hardened
criminals that otherwise would have access to our vulnerable
population from employment.
As Michigan's demographic profile mirrors that of the
nation, the offenses that disqualify individuals from
employment in long-term care under the new laws are expected
to also be similar across the United States.
Of the criminal history reports examined, fraudulent
activity and controlled substance violations account for 25
percent of all disqualifying crimes. Fraudulent activity
includes such things as embezzlement, identity theft, and
credit card fraud. This is particularly alarming giving the
projected increase in financial abuse of the elderly.
Accessible to long-term care providers through a secure ID
and password, a provider is easily able to log onto the
workforce background check online system to conduct a check
of a potential employee. If no matches are found on the
registries, the applicant goes to an independent vendor for a
digital live scan of their fingerprints. The prints are then
submitted to the Michigan State Police and then to the FBI.
If there is a ``hit'' on the state or national database
search, a notice is sent to either the Michigan Department of
Community Health or the Michigan Department of Human Services
for staff analysts to examine the applicant's criminal
history.
Michigan has also implemented a ``rap back'' system where
the Michigan State Police notifies one of the two state
agencies of a subsequent arrest and in turn the agency
notifies the employer. This way we can ensure that in real
time, as soon as the criminal history record is updated
(arrest, charge or conviction), the department and employer
are also notified.
conclusion
As a result of Michigan's Workforce Background Check
Program, the health and safety of Michigan's vulnerable
population is protected by ensuring that adequate safeguards
are in place for background screenings of direct care service
workers.
While the vast majority of health care workers are
outstanding individuals who do a wonderful job caring for
people in need, we are extremely pleased that Michigan's
Workforce Background Check Program has stopped more than
3,000 people with criminal histories from possibly preying on
our most vulnerable citizens. By building an appeals process,
we have also developed a fair system for reviewing inaccurate
criminal records or convictions.
As you can see, Michigan has been leading the way in the
area of employee background checks. As I indicated, this
project has been a priority of Governor Jennifer Granholm and
Michigan Department of Community Health Director Janet
Olszewski. We appreciate this opportunity to share this
information with you today and look forward to our continued
cooperation on this vital topic.
Thank you.
____
NCCNHR,
Washington, DC, May 16, 2007.
Hon. Herb Kohl,
Chairman, Special Committee on Aging,
U.S. Senate, Washington, DC.
Dear Senator Kohl: NCCNHR, The National Consumer Voice for
Quality Long-Term Care, strongly endorses and supports the
Patient Safety and Abuse Prevention Act of 2007.
The Patient Safety and Abuse Prevention Act would close
critical loopholes in the protection of nursing home
residents and other long-term care recipients by requiring
national criminal background checks on all workers who have
direct access to residents. Today, in most states, long-term
care providers are not required to conduct interstate
criminal background checks on any workers, and where
background checks are carried out, they are usually confined
to nursing assistants. Enactment of your legislation will
ensure that both licensed and unlicensed workers with
histories of criminal abuse do not move from job to job and
state to state while continuing to injure and exploit their
vulnerable charges.
NCCNHR and its members across the United States wish to
thank you for pursuing this important legislation, and we
look forward to working with you to ensure its passage.
Sincerely,
Alice H. Hedt,
Executive Director.
Janet C. Wells,
Director of Public Policy.
____
AARP,
Washington, DC, June 6, 2007.
Hon. Herbert H. Kohl,
U.S. Senate,
Washington, DC.
Dear Senator Kohl: AARP is very pleased to support the
bipartisan Patient Safety and Abuse Prevention Act of 2007
that you are sponsoring with Senator Domenici. We truly
appreciate your leadership and applaud your advocacy for
national criminal background checks for long-term care
employees.
Individuals with criminal convictions or histories of abuse
can pose a significant risk to persons receiving long-term
care. A system of national criminal background checks is
especially critical, given the mobility of today's workers,
the turnover in the long-term care workforce, and the fact
that it is not unusual for individuals to work in multiple
states.
Your bill takes important steps to protect individuals in
both home-and community-based and institutional settings by
establishing a system of screening and national criminal
history background checks, including an FBI fingerprint
check. These background checks would apply to employees of
long-term care providers receiving Medicare or Medicaid funds
whose duties involve or may involve one-on-one contact with
individuals receiving long-term care. Penalties would apply
if providers knowingly hire or continue to employ an
individual with a conviction for a relevant crime or a
finding of substantiated abuse of an individual receiving
long-term care.
This legislation builds on the framework of the criminal
background check pilot program included in the Medicare
Modernization Act and gives states resources to put in place
the infrastructure for criminal background checks. This bill
includes many important provisions, and we want to continue
working with you to ensure that long-term care employers
provide adequate direct supervision of employees during
provisional employment or an appeal. In addition, we want to
improve the balance in accountability between states and
providers in the legislation. We appreciate your willingness
to work with AARP on this bill.
This bill would make significant strides in protecting
individuals across the country receiving long-term care
services and we look forward to working with you and your
colleagues on both sides of the aisle to advance this
important initiative. If there are any further questions,
please feel free to call me or have your staff contact Rhonda
Richards of our Federal Affairs staff.
Sincerely,
David P. Sloane,
Senior Managing Director, Government
Relations and Advocacy.
____
State of Wisconsin,
Board on Aging and Long Term Care,
Madison, WI, May 16, 2007.
Hon. Herb Kohl,
Chairman, Special Committee on Aging,
Washington, DC.
Dear Senator Kohl: On behalf of the Wisconsin Board on
Aging and Long Term Care, I am pleased to express our support
for the Patient Safety and Abuse Prevention Act of 2007.
The Patient Safety and Abuse Prevention Act would offer
substantially increased protection for consumers of long-term
care by requiring a national criminal background check on all
caregivers who come into direct contact with residents.
Today, long-term
[[Page S7360]]
care providers often are not required to do interstate
criminal background checks on workers. Where background
checks are done, they are often limited to nursing
assistants. This overlooks the possibility that licensed
professional staff and ancillary workers such as dietary or
housekeeping staff who may have criminal histories could be
employed to deliver resident care. It is imperative that
Congress ensure that workers with histories of criminal abuse
cannot move from state to state with impunity while
continuing to work in a ``target-rich environment.''
As well, the bill's provisions addressing the need for
assistance by CMS in funding the costs of obtaining the
interstate background checks and the requirement that states
notify employers of subsequent offenses by previously cleared
workers are welcome additions to the system. These provisions
will tighten the net and make it even more difficult for
workers with backgrounds of criminal misappropriation of
property, abuse, and neglect to find a place providing care
to our vulnerable elders.
As the Executive Director of the Wisconsin Board on Aging
and Long Term Care, I thank you for pursuing this important
legislation, and I look forward to working with you to ensure
its passage.
Sincerely,
George F. Potaracke,
Executive Director.
____
The Elder Justice Coalition,
Washington, DC, June 7, 2007.
Hon. Herbert H. Kohl,
Chairman, Special Committee on Aging,
U.S. Senate, Washington, DC.
Dear Chairman Kohl: On behalf of the 542-member Elder
Justice Coalition (EJC), I applaud you on the planned
introduction of the Patient Safety and Abuse Prevention Act
of 2007. The Elder Justice Coalition has long supported your
efforts to secure passage of legislation to ensure that
employees of long-term care facilities or providers do not
have criminal records or other histories of abusive conduct
that could lead to endangering facility residents and others
receiving long-term care.
Since the Elder Justice Act, as introduced in the 110th
Congress (S. 1070), does not include background check
provisions, we are pleased that you will be introducing this
important bill. We commend your leadership and steadfast
commitment to protecting individuals who need long-term care
from abuse, neglect, and exploitation, and for your
leadership on other issues concerning the nation's older
population.
Thank you also for being an original co-sponsor of the
Elder Justice Act. Please let us know how we can be
supportive of your continued work for elder justice.
Sincerely,
Robert B. Blancato,
National Coordinator.
______
By Mr. INOUYE (for himself and Mr. Stevens):
S. 1578. A bill to amend the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 to establish vessel ballast water
management requirements, and or other purposes; to the Committee on
Commerce, Science, and Transportation.
Mr. INOUYE. Mr. President, the United States has more than 95,000
miles of coastline, and its ocean territory is larger than the combined
land area of all 50 States. We rely on our oceans for such diverse
benefits as recreation, food, transportation, and energy. All
Americans, regardless of whether they reside in the Nation's heartland
or along the coast, are impacted by the ocean.
That is why I rise today, joined by Vice Chairman Ted Stevens and
several other Commerce Committee colleagues, in introducing a group of
bills to provide for sustainable use and protection of our ocean and
coastal areas.
Our oceans and coasts provide us with tremendous economic and
recreational opportunities. It is critical that use of ocean resources
and coasts is sustainable and that we address the many existing and
emerging risks to their well-being. As the U.S. Commission on Ocean
Policy has thoroughly documented, our oceans and coasts are faced with
many threats, including those posed by pollution, increasing population
growth and coastal development, overfishing, climate change, and ocean
acidification. All of the bills my colleagues and I are introducing
today implement recommendations of the Ocean Commission.
First, the Coral Reef Conservation Amendments Act of 2007 would
reauthorize the Coral Reef Conservation Act of 2000 and provide
critical authorities for preserving, restoring, and managing in a
sustainable manner our coral reef ecosystems. Coral reefs are one of
the oldest and most diverse ecosystems on the planet, and they provide
environmental and economic benefits such as shoreline protection as
well as critical habitat for approximately half of all federally-
managed fisheries.
Second, the Hydrographic Services Improvement Act Amendments of 2007
would reauthorize and strengthen authorities to survey and analyze the
physical condition of our Nation's coasts and waterways, along with
elements that impact safe navigation. Conducting surveys of our
Nation's coasts and waterways is a core mission for the National
Oceanic and Atmospheric Administration and provides valuable services
to the maritime industry and to Federal agencies responsible for
maritime transportation, homeland security, and emergency response.
Third, the Ballast Water Management Act of 2007 would amend the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 and
establish ballast water management requirements to mitigate the
introduction and spread of invasive species from ships. The bill would
also seek to prevent the introduction of invasive species from ship
equipment or hulls. Invasive species brought into the United States
from other countries have caused billions of dollars in damage to the
U.S. economy.
In addition to the initiatives I have highlighted, a number of other
ocean-related bills are being introduced today by colleagues on the
Commerce Committee. These include a bill by Senator Lautenberg to
establish a much-needed Federal program to conduct research,
monitoring, and education to examine the processes and consequences of
ocean acidification, and a bill by Senator Snowe to reauthorize the
Coastal Zone Management Act.
This week we celebrate Capitol Hill Ocean Week. Many organizations
and agencies are using this opportunity to educate and raise public
awareness about the impact of our oceans on our society and economy.
The bills that my colleagues and I are introducing today address many
of those needs being highlighted. I urge my Senate colleagues to
support the Commerce Committee's bipartisan efforts to improve the
health and management of our oceans and coasts.
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. 1578
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 ``Ballast Water Management Act
of 2007''.
SEC. 2. FINDINGS.
Section 1002(a) of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4701(a)) is
amended--
(1) by redesignating paragraphs (14) and (15) as paragraphs
(15) and (16);
(2) by inserting after paragraph (13) the following:
``(14) aquatic nuisance species may be introduced by other
vessel conduits, including the hulls of ships;
(3) by striking ``inland lakes and rivers by recreational
boaters, commercial barge traffic, and a variety of other
pathways; and'' in paragraph (15), as redesignated, and
inserting ``other areas of the United States, including
coastal areas, inland lakes, and rivers by recreational
boaters, commercial traffic, and a variety of other
pathways;'';
(4) by inserting ``nongovernmental entities, institutions
of higher education, and the private sector,'' after
``governments,'' in paragraph (16), as redesignated;
(5) by striking ``technologies.'' in paragraph (16), as
redesignated, and inserting ``technologies;''; and
(6) adding at the end the following:
``(17) in 2004, the International Maritime Organization
agreed to a Convention, which the United States played an
active role in negotiating, to prevent, minimize, and
ultimately eliminate the transfer of aquatic nuisance species
through the control and management of ballast water and
sediments;
``(18) the International Maritime Organization agreement
specifically recognizes that countries can take more
stringent measures than those of the Convention with respect
to the control and management of ships' ballast water and
sediment; and
``(19) due to the interstate nature of maritime
transportation and the ways by which aquatic nuisance species
may be transferred by vessels, a comprehensive and uniform
national approach for addressing vessel-borne aquatic
nuisance species is needed to address this issue
effectively.''.
SEC. 3. MANAGEMENT OF VESSEL-BORNE AQUATIC NUISANCE SPECIES.
(a) In General.--Section 1101 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711)
is amended to read as follows:
[[Page S7361]]
``SEC. 1101. MANAGEMENT OF VESSEL-BORNE AQUATIC NUISANCE
SPECIES.
``(a) Statement of Purpose; Vessels to Which This Section
Applies.--
``(1) Purposes.--The purposes of this section are--
``(A) to provide an effective, comprehensive, and uniform
national approach for addressing the introduction and spread
of aquatic nuisance species from ballast water and other
ship-borne vectors;
``(B) to require, as part of that approach, mandatory
treatment technology, with the ultimate goal of achieving
zero discharge of aquatic nuisance species;
``(C) to create incentives for the development of ballast
water treatment technologies;
``(D) to implement the International Convention for the
Control and Management of Ships' Ballast Water and Sediments,
adopted by the International Maritime Organization in 2004;
and
``(E) to establish a management approach for other ship-
borne vectors of aquatic nuisance species.
``(2) In general.--Except as provided in paragraphs (3),
(4), (5), and (6) this section applies to a vessel that is
designed, constructed, or adapted to carry ballast water; and
``(A) is a vessel of United States registry or nationality,
or operated under the authority of the United States,
wherever located; or
``(B) is a foreign vessel that--
``(i) is en route to a United States port or place; or
``(ii) has departed from a United States port or place and
is within waters subject to the jurisdiction of the United
States.
``(3) Permanent ballast water vessels.--Except as provided
in paragraph (6), this section does not apply to a vessel
that carries all of its permanent ballast water in sealed
tanks and is not subject to discharge.
``(4) Armed forces vessels.--
``(A) Exemption.--Except as provided in subparagraph (B)
and paragraph (6), this section does not apply to a vessel of
the Armed Forces.
``(B) Ballast water management program.--The Secretary and
the Secretary of Defense, after consultation with each other
and with the Under Secretary of Commerce for Oceans and
Atmosphere, the Administrator of the Environmental Protection
Agency, and other appropriate Federal agencies as determined
by the Secretary, shall implement a ballast water management
program, including the promulgation of standards for ballast
water exchange and treatment and for sediment management, for
vessels of the Armed Forces under their respective
jurisdictions designed, constructed, or adapted to carry
ballast water that is--
``(i) consistent with the requirements of this section,
including the deadlines; and
``(ii) at least as stringent as the requirements
promulgated for such vessels under section 312 of the Clean
Water Act (33 U.S.C. 1322).
``(5) Special rule for small vessels.--In applying this
section to vessels less than 50 meters in length that have a
maximum ballast water capacity of 8 cubic meters, the
Secretary may promulgate alternative measures for managing
ballast water in a manner that is consistent with the
purposes of this Act.
``(6) Other sources of vessel-borne aquatic nuisance
species.--Measures undertaken by the Secretary under
subsection (s) shall apply to all vessels (as defined in
section 3 of title 1, United States Code).
``(b) Uptake and Discharge of Ballast Water or Sediment.--
``(1) Prohibition.--The operator of a vessel to which this
section applies may not conduct the uptake or discharge of
ballast water or sediment except as provided in this section.
``(2) Exceptions.--Paragraph (1) does not apply to the
uptake or discharge of ballast water or sediment in the
following circumstances:
``(A) The uptake or discharge is solely for the purpose
of--
``(i) ensuring the safety of the vessel in an emergency
situation; or
``(ii) saving a life at sea.
``(B) The uptake or discharge is accidental and the result
of damage to the vessel or its equipment and--
``(i) all reasonable precautions to prevent or minimize
ballast water and sediment discharge have been taken before
and after the damage occurs, the discovery of the damage, and
the discharge; and
``(ii) the owner or officer in charge of the vessel did not
willfully or recklessly cause the damage.
``(C) The uptake or discharge is solely for the purpose of
avoiding or minimizing the discharge from the vessel of
pollution that would otherwise violate applicable Federal or
State law.
``(D) The uptake or discharge of ballast water and sediment
occurs at the same location where the whole of that ballast
water and that sediment originated and there is no mixing
with ballast water and sediment from another area that has
not been managed in accordance with the requirements of this
section.
``(c) Vessel Ballast Water Management Plan.--
``(1) In general.--The operator of a vessel to which this
section applies shall conduct all ballast water management
operations of that vessel in accordance with a ballast water
management plan designed to minimize the discharge of aquatic
nuisance species that--
``(A) meets the requirements prescribed by the Secretary by
regulation; and
``(B) is approved by the Secretary.
``(2) Approval criteria.--
``(A) In general.--The Secretary may not approve a ballast
water management plan unless the Secretary determines that
the plan--
``(i) describes in detail the actions to be taken to
implement the ballast water management requirements
established under this section;
``(ii) describes in detail the procedures to be used for
disposal of sediment at sea and on shore in accordance with
the requirements of this section;
``(iii) describes in detail safety procedures for the
vessel and crew associated with ballast water management;
``(iv) designates the officer on board the vessel in charge
of ensuring that the plan is properly implemented;
``(v) contains the reporting requirements for vessels
established under this section and a copy of each form
necessary to meet those requirements;
``(vi) incorporates regulatory requirements, guidance, and
best practices developed under subsection (s) for other
vessel pathways by which aquatic nuisance species are
transported; and
``(vii) meets all other requirements prescribed by the
Secretary.
``(B) Foreign vessels.--The Secretary may approve a ballast
water management plan for a foreign vessel (as defined in
section 2101(12) of title 46, United States Code) on the
basis of a certificate of compliance with the criteria
described in subparagraph (A) issued by the vessel's country
of registration in accordance with regulations promulgated by
the Secretary.
``(3) Copy of plan on board vessel.--The owner or operator
of a vessel to which this section applies shall--
``(A) maintain a copy of the vessel's ballast water
management plan on board at all times; and
``(B) keep the plan readily available for examination by
the Secretary at all reasonable times.
``(d) Vessel Ballast Water Record Book.--
``(1) In general.--The owner or operator of a vessel to
which this section applies shall maintain a ballast water
record book in English on board the vessel in which--
``(A) each operation involving ballast water or sediment
discharge is fully recorded without delay, in accordance with
regulations promulgated by the Secretary;
``(B) each such operation is described in detail, including
the location and circumstances of, and the reason for, the
operation; and
``(C) the exact nature and circumstances of any situation
under which any operation was conducted under an exception
set forth in subsection (b)(2) or (e)(3) is described.
``(2) Availability.--The ballast water record book--
``(A) shall be kept readily available for examination by
the Secretary at all reasonable times; and
``(B) notwithstanding paragraph (1), may be kept on the
towing vessel in the case of an unmanned vessel under tow.
``(3) Retention period.--The ballast water record book
shall be retained--
``(A) on board the vessel for a period of 3 years after the
date on which the last entry in the book is made; and
``(B) under the control of the vessel's owner for an
additional period of 3 years.
``(4) Regulations.--In the regulations prescribed under
this section, the Secretary shall require, at a minimum,
that--
``(A) each entry in the ballast water record book be signed
and dated by the officer in charge of the ballast water
operation recorded;
``(B) each completed page in the ballast water record book
be signed and dated by the master of the vessel; and
``(C) the owner or operator of the vessel transmit such
information to the Secretary regarding the ballast operations
of the vessel as the Secretary may require.
``(5) Alternative means of recordkeeping.--The Secretary
shall provide by regulation for alternative methods of
recordkeeping, including electronic recordkeeping, to comply
with the requirements of this subsection. Any electronic
recordkeeping method authorized by the Secretary shall
support the inspection and enforcement provisions of this Act
and shall comply with applicable standards of the National
Institute of Standards and Technology and the Office of
Management and Budget governing reliability, integrity,
identity authentication, and nonrepudiation of stored
electronic data.
``(e) Ballast Water Exchange Requirements.--
``(1) In general.--
``(A) Requirement.--Until a vessel is required to conduct
ballast water treatment in accordance with subsection (f) of
this section, the operator of a vessel to which this section
applies may not discharge ballast water in waters subject to
the jurisdiction of the United States except after--
``(i) conducting ballast water exchange as required by this
subsection, in accordance with regulations prescribed by the
Secretary, in a manner that results in an efficiency of at
least 95 percent volumetric exchange of the ballast water for
each ballast water tank;
[[Page S7362]]
``(ii) using ballast water treatment technology that meets
the performance standards of subsection (f); or
``(iii) using environmentally-sound alternative ballast
water treatment technology, if the Secretary determines that
such treatment technology is at least as effective as the
ballast water exchange required by clause (i) in preventing
and controlling the introduction of aquatic nuisance species.
``(B) Technology efficacy.--For purposes of this paragraph,
a ballast water treatment technology shall be considered to
be at least as effective as the ballast water exchange
required by clause (i) in preventing and controlling the
introduction of aquatic nuisance species if preliminary
experiments prior to installation of the technology aboard
the vessel demonstrate that the technology removed at least
98 percent of organisms larger than 50 microns.
``(2) Guidance; 5-year usage.--
``(A) Guidance.--Within 1 year after the date of enactment
of the Ballast Water Management Act of 2007, after public
notice and opportunity for comment, the Secretary shall
develop guidance on technology that may be used under
paragraph (1)(A)(iii).
``(B) 5-year usage.--The Secretary shall allow a vessel
using environmentally-sound alternative ballast water
treatment technology under paragraph (1)(A)(iii) to continue
to use that technology for 5 years after the date on which
the environmentally-sound alternative ballast water treatment
technology was first placed in service on the vessel, or the
date on which treatment requirements under subsection (f)
become applicable, whichever is later.
``(3) Exchange areas.--
``(A) Vessels outside the united states eez.--The operator
of a vessel en route to a United States port or place from a
port or place outside the United States exclusive economic
zone shall conduct ballast water exchange--
``(i) before arriving at a United States port or place;
``(ii) at least 200 nautical miles from the nearest point
of land; and
``(iii) in water at least 200 meters in depth.
``(B) Coastal voyages.--In lieu of using an exchange zone
described in subparagraph (A)(ii) or (iii), the operator of a
vessel originating from a port or place within waters subject
to the jurisdiction of the United States, or from a port
within 200 nautical miles of the United States in Canada,
Mexico, or other ports designated by the Secretary for
purposes of this section, and which does not voyage into
waters described in subparagraph (A)(ii) or (iii), shall
conduct ballast water exchange--
``(i) at least 50 nautical miles from the nearest point of
land; and
``(ii) in water at least 200 meters in depth.
``(4) Safety or stability exception.--
``(A) Secretarial determination.--Paragraph (3) does not
apply to the discharge of ballast water if the Secretary
determines that compliance with that paragraph would threaten
the safety or stability of the vessel, its crew, or its
passengers because of the design or operating characteristics
of the vessel.
``(B) Master of the vessel determination.--Paragraph (3)
does not apply to the discharge of ballast water if the
master of a vessel determines that compliance with that
paragraph would threaten the safety or stability of the
vessel, its crew, or its passengers because of adverse
weather, equipment failure, or any other relevant condition.
``(C) Notification required.--Whenever the master of a
vessel is unable to comply with the requirements of paragraph
(3) because of a determination made under subparagraph (B),
the master of the vessel shall--
``(i) notify the Secretary as soon as practicable
thereafter but no later than 24 hours after making that
determination and shall ensure that the determination, the
reasons for the determination, and the notice are recorded in
the vessel's ballast water record book; and
``(ii) undertake ballast water exchange--
``(I) in an alternative area that may be designated by the
Secretary, after consultation with the Undersecretary, and
other appropriate Federal agencies as determined by the
Secretary, and representatives of States the waters of which
may be affected by the discharge of ballast water; or
``(II) undertake discharge of ballast water in accordance
with paragraph (6) if safety or stability concerns prevent
undertaking ballast water exchange in the alternative area.
``(D) Review of circumstances.--If the master of a vessel
conducts a ballast water discharge under the provisions of
this paragraph, the Secretary shall review the circumstances
to determine whether the discharge met the requirements of
this paragraph. The review under this clause shall be in
addition to any other enforcement authority of the Secretary.
``(5) Discharge under waiver.--
``(A) Substantial business hardship waiver.--If, because of
the short length of a voyage, the operator of a vessel is
unable to discharge ballast water in accordance with the
requirements of paragraph (3)(B) without substantial business
hardship, as determined under regulations prescribed by the
Secretary, the operator shall request a waiver from the
Secretary and discharge the ballast water in accordance with
paragraph (6). A request for a waiver under this subparagraph
shall be submitted to the Secretary at such time and in such
form and manner as the Secretary may require.
``(B) Substantial business hardship.--For purposes of
subparagraph (A), the factors taken into account in
determining substantial business hardship shall include
whether--
``(i) compliance with the requirements of paragraph (3)(B)
would require a sufficiently great change in routing or
scheduling of service as to compromise the economic or
commercial viability of the trade or business in which the
vessel is operated; or
``(ii) it is reasonable to expect that the trade or
business or service provided will be continued only if a
waiver is granted under subparagraph (A).
``(6) Permissable discharge.--
``(A) In general.--The discharge of unexchanged ballast
water shall be considered to be carried out in accordance
with this paragraph if it is--
``(i) in an area designated for that purpose by the
Secretary, after consultation with the Undersecretary and
other appropriate Federal agencies as determined by the
Secretary and representatives of any State that may be
affected by discharge of ballast water in that area; or
``(ii) into a reception facility described in subsection
(f)(2).
``(B) Limitation on volume.--The volume of any ballast
water discharged under the provisions of this paragraph may
not exceed the volume necessary to ensure the safe operation
of the vessel.
``(7) Partial compliance.--The operator of a vessel that is
unable to comply fully with the requirements of paragraph
(3)--
``(A) shall nonetheless conduct ballast water exchange to
the maximum extent feasible in compliance with those
paragraphs; and
``(B) may conduct a partial ballast water exchange under
this paragraph only to the extent that the ballast water in
an individual ballast tank can be completely exchanged in
accordance with the provisions of paragraph (1)(A).
``(8) Certain geographically limited routes.--
Notwithstanding paragraph (3)(B) of this subsection, the
operator of a vessel is not required to comply with the
requirements of this subsection--
``(A) if the vessel operates exclusively--
``(i) within Lake Superior, Lake Michigan, Lake Huron, and
Lake Erie and the connecting channels; or
``(ii) between or among the main group of the Hawaiian
Islands; or
``(B) if the vessel operates exclusively within any area
with respect to which the Secretary has determined, after
consultation with the Undersecretary, the Administrator, and
representatives of States the waters of which would be
affected by the discharge of ballast water, that the risk of
introducing aquatic nuisance species through ballast water
discharge in the areas in which the vessel operates is
insignificant.
``(9) Marine sanctuaries and other prohibited areas.--A
vessel may not conduct ballast water exchange or discharge
unexchanged ballast water under this subsection within a
marine sanctuary designated under title III of the National
Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) or in any
other waters designated by the Secretary after consultation
with the Undersecretary and the Administrator.
``(10) Regulations deadline.--The Secretary shall issue a
final rule for regulations required by this subsection within
1 year after the date of enactment of the Ballast Water
Management Act of 2007.
``(11) Vessels operating in the great lakes.--
``(A) Regulations.--Until such time as regulations are
promulgated to implement the amendments made by the Ballast
Water Management Act of 2007, regulations promulgated to
carry out this Act shall remain in effect until revised or
replaced pursuant to the Ballast Water Management Act of
2007.
``(B) Relationship to other programs.--On promulgation of
regulations required under this Act to implement a national
mandatory ballast management program that is at least as
comprehensive as the Great Lakes program (as determined by
the Secretary, in consultation with the Governors of Great
Lakes States)--
``(i) the program regulating vessels and ballast water in
Great Lakes under this section shall terminate; and
``(ii) the national program shall apply to such vessels and
ballast water.
``(12) Vessels with no ballast on board.--Not later than
180 days after the date of enactment of the Ballast Water
Management Act of 2007, the Secretary shall promulgate
regulations to minimize the discharge of invasive species
from ships entering a United States port or place from
outside the United States exclusive economic zone that claim
no ballast on board, or that claim to be carrying only
unpumpable quantities of ballast, including, at a minimum, a
requirement that--
``(i) such a ship shall conduct saltwater flushing of
ballast water tanks--
``(I) outside the exclusive economic zone; or
``(II) at a designated alternative exchange site; and
``(ii) before being allowed entry into the Great Lakes
beyond the St. Lawrence Seaway, the master of such a ship
shall certify that the ship has complied with each applicable
requirement under this subsection.
``(f) Ballast Water Treatment Requirements.--
[[Page S7363]]
``(1) Performance standards.--A vessel to which this
section applies shall conduct ballast water treatment in
accordance with the requirements of this subsection before
discharging ballast water so that the ballast water
discharged will contain--
``(A) less than 1 living organism per 10 cubic meters that
is 50 or more micrometers in minimum dimension;
``(B) less than 1 living organism per 10 milliliters that
is less than 50 micrometers in minimum dimension and more
than 10 micrometers in minimum dimension;
``(C) concentrations of indicator microbes that are less
than--
``(i) 1 colony-forming unit of toxicogenic Vibrio cholera
(serotypes O1 and O139) per 100 milliliters, or less than 1
colony-forming unit of that microbe per gram of wet weight of
zoological samples;
``(ii) 126 colony-forming units of escherichia coli per 100
milliliters; and
``(iii) 33 colony-forming units of intestinal enterococci
per 100 milliliters; and
``(D) concentrations of such additional indicator microbes
as may be specified in regulations promulgated by the
Administrator, after consultation with the Secretary and
other appropriate Federal agencies as determined by the
Secretary, that are less than the amount specified in those
regulations.
``(2) Reception facility exception.--
``(A) In general.--Paragraph (1) does not apply to a vessel
that discharges ballast water into a facility for the
reception of ballast water that meets standards prescribed by
the Administrator.
``(B) Promulgation of standards.--Within 1 year after the
date of enactment of the Ballast Water Management Act of
2007, the Administrator, in consultation with the Secretary
other appropriate Federal agencies as determined by the
Administrator, shall promulgate standards for--
``(i) the reception of ballast water from vessels into
reception facilities; and
``(ii) the disposal or treatment of such ballast water in a
way that does not impair or damage the environment, human
health, property, or resources.
``(3) Implementation schedule.--Paragraph (1) applies to
vessels in accordance with the following schedule:
``(A) First phase.--Beginning January 1, 2011, for vessels
constructed on or after that date with a ballast water
capacity of less than 5,000 cubic meters.
``(B) Second phase.--Beginning January 1, 2013, for vessels
constructed on or after that date with a ballast water
capacity of 5,000 cubic meters or more.
``(C) Third phase.--Beginning January 1, 2013, for vessels
constructed before January 1, 2011, with a ballast water
capacity of 1,500 cubic meters or more but not more than
5,000 cubic meters.
``(D) Fourth phase.--Beginning January 1, 2015, for vessels
constructed--
``(i) before January 1, 2011, with a ballast water capacity
of less than 1,500 cubic meters or 5,000 cubic meters or
more; or
``(ii) on or after January 1, 2011, and before January 1,
2013, with a ballast water capacity of 5,000 cubic meters or
more.
``(4) Treatment system approval required.--The operator of
a vessel may not use a ballast water treatment system to
comply with the requirements of this subsection unless the
system is approved by the Secretary, in consultation with the
Administrator. The Secretary shall promulgate regulations
establishing a process for such approval, after consultation
with the Administrator and other appropriate Federal agencies
as determined by the Secretary, within 1 year after the date
of enactment of the Ballast Water Management Act of 2007.
``(5) Feasibility review.--
``(A) In general.--Not less than 2 years before the date on
which paragraph (1) applies to vessels under each
subparagraph of paragraph (3), or as that date may be
extended under this paragraph, the Secretary, in consultation
with the Administrator, shall complete a review to determine
whether appropriate technologies are available to achieve the
standards set forth in paragraph (1) for the vessels to which
they apply under the schedule set forth in paragraph (3). In
reviewing the technologies the Secretary, after consultation
with the Administrator and other appropriate Federal agencies
as determined by the Secretary, shall consider--
``(i) the effectiveness of a technology in achieving the
standards;
``(ii) feasibility in terms of compatibility with ship
design and operations;
``(iii) safety considerations;
``(iv) whether a technology has an adverse impact on the
environment; and
``(v) cost effectiveness.
``(B) Delay in scheduled application.--If the Secretary
determines, on the basis of the review conducted under
subparagraph (A), that compliance with the standards set
forth in paragraph (1) in accordance with the schedule set
forth in any subparagraph of paragraph (3) is not feasible
for any class of vessels, the Secretary shall require use of
the best performing technology available that meets, at a
minimum, the applicable ballast water discharge standard of
the International Maritime Organization. If the Secretary
finds that no technology exists that will achieve either the
standards set forth in paragraph (1) or the standards of the
International Maritime Organization, then, the Secretary
shall--
``(i) extend the date on which that subparagraph first
applies to vessels for a period of not more than 24 months;
and
``(ii) recommend action to ensure that compliance with the
extended date schedule for that subparagraph is achieved.
``(C) Higher standards; earlier implementation.--
``(i) Standards.--If the Secretary determines that ballast
water treatment technology exists that exceeds the
performance standards required under this subsection, the
Secretary shall, for any class of vessels, revise the
performance standards to incorporate the higher performance
standards.
``(ii) Implementation.--If the Secretary determines that
technology that achieves the applicable performance standards
required under this subsection can be implemented earlier
than required by this subsection, the Secretary shall, for
any class of vessels, accelerate the implementation schedule
under paragraph (3). If the Secretary accelerates the
implementation schedule pursuant to this clause, the
Secretary shall provide at least 24 months notice before such
accelerated implementation goes into effect.
``(iii) Determinations not mutually exclusive.--The
Secretary shall take action under both clause (i) and clause
(ii) if the Secretary makes determinations under both
clauses.
``(6) Delay of application for vessel participating in
promising technology evaluations.--
``(A) In general.--If a vessel participates in a program
approved by the Secretary to test and evaluate promising
ballast water treatment technologies that are likely to
result in treatment technologies achieving a standard that is
the same as or more stringent than the standard that applies
under paragraph (1) before the first date on which paragraph
(1) applies to that vessel, the Secretary shall allow the
vessel to use that technology for a 10 year period and such
vessel shall be deemed to be in compliance with the
requirements of paragraph (1) during that 10-year period.
``(B) Vessel diversity.--The Secretary--
``(i) shall seek to ensure that a wide variety of vessel
types and voyages are included in the program; but
``(ii) may not grant a delay under this paragraph to more
than 5 percent of the vessels to which subparagraph (A), (B),
(C), or (D) of paragraph (3) applies.
``(C) Termination of grace period.--The Secretary may
terminate the 10-year grace period of a vessel under
subparagraph (A) if participation of the vessel in the
program is terminated without the consent of the Secretary.
``(D) Annual re-evaluation; termination.--The Secretary
shall establish an annual evaluation process to determine
whether the performance of an approved technology is
sufficiently effective and whether it is causing harm to the
environment. If the Secretary determines that an approved
technology is insufficiently effective or is causing harm to
the environment, the Secretary shall revoke the approval
granted under subparagraph (A).
``(7) Review of standards.--
``(A) In general.--In December, 2014, and in every third
year thereafter, the Administrator, in consultation with the
Secretary, shall review ballast water treatment standards to
determine, after consultation with the Undersecretary and
other appropriate Federal agencies as determined by the
Secretary, if the standards under this subsection should be
revised to reduce the amount of organisms or microbes allowed
to be discharged, taking into account improvements in the
scientific understanding of biological processes leading to
the spread of aquatic nuisance species and improvements in
ballast water treatment technology. The Administrator shall
revise by regulation the performance standard required under
this subsection as necessary.
``(B) Application of adjusted standards.--In the
regulations, the Secretary shall provide for the prospective
application of the adjusted standards prescribed under this
paragraph to vessels constructed after the date on which the
adjusted standards apply and for an orderly phase-in of the
adjusted standards to existing vessels.
``(8) Installed equipment.--If ballast water treatment
technology used for purposes of complying with the
regulations under this subsection is installed on a vessel,
maintained in good working order, and used by the vessel, the
vessel may use that technology for the shorter of--
``(A) the 10-year period beginning on the date of initial
use of the technology; or
``(B) the life of the ship on which the technology is used.
``(9) High-risk vessels.--
``(A) Vessel list.--Within 1 year after the date of
enactment of the Ballast Water Management Act of 2007, the
Secretary shall publish and regularly update a list of
vessels identified by States that, due to factors such as the
origin of their voyages, the frequency of their voyages, the
volume of ballast water they carry, the biological makeup of
the ballast water, and the fact that they frequently
discharge unexchanged ballast water pursuant to an exception
under subsection (e), pose a relatively high risk of
introducing aquatic nuisance species into the waters of those
States.
``(B) Incentive programs.--The Secretary shall give
priority to vessels on the list for participation in pilot
programs described in paragraph (6). Any Federal agency, and
any State agency with respect to vessels identified by such
State to the Secretary for inclusion on the list pursuant to
subparagraph (A), may develop technology development
[[Page S7364]]
programs or other incentives (whether positive or negative)
to such vessels in order to encourage the adoption of ballast
water treatment technology by those vessels consistent with
the requirements of this section on an expedited basis.
``(9) Exception for vessels operating exclusively in
determined area.--
``(A) In general.--Paragraph (1) does not apply to a vessel
that operates exclusively within an area if the Secretary has
determined through a rulemaking proceeding, after
consultation with the Undersecretary and other appropriate
Federal agencies as determined by the Secretary, and
representatives of States the waters of which could be
affected by the discharge of ballast water, that the risk of
introducing aquatic nuisance species through ballast water
discharge from the vessel is insignificant.
``(B) Certain vessels.--A vessel constructed before January
1, 2001, that operates exclusively within Lake Superior, Lake
Michigan, Lake Huron, and Lake Erie and the connecting
channels shall be presumed not to pose a significant risk of
introducing aquatic nuisance species unless the Secretary
finds otherwise in a rulemaking proceeding under subparagraph
(A).
``(C) Best practices.--The Secretary shall develop, and
require vessels exempted from complying with the requirements
of paragraph (1) under this paragraph to follow, best
practices, developed in consultation with the Governors or
States that may be affected, to minimize the spreading of
aquatic nuisance species in its operating area.
``(10) Laboratories.--The Secretary may use any Federal or
non-Federal laboratory that meets standards established by
the Secretary for the purpose of evaluating and certifying
ballast water treatment technologies and equipment under this
subsection.
``(g) Warnings Concerning Ballast Water Uptake.--
``(1) In general.--The Secretary shall notify vessel owners
and operators of any area in waters subject to the
jurisdiction of the United States in which vessels may not
uptake ballast water due to known conditions.
``(2) Contents.--The notice shall include--
``(A) the coordinates of the area; and
``(B) if possible, the location of alternative areas for
the uptake of ballast water.
``(h) Sediment Management.--
``(1) In general.--The operator of a vessel to which this
section applies may not remove or dispose of sediment from
spaces designed to carry ballast water except--
``(A) in accordance with this subsection and the ballast
water management plan required under subsection (c); and
``(B) more than 200 nautical miles from the nearest point
of land or into a reception facility that meets the
requirements of paragraph (3).
``(2) Design requirements.--
``(A) New vessels.--After December 31, 2008, it shall be
unlawful to construct a vessel in the United States to which
this section applies unless that vessel is designed and
constructed, in accordance with regulations prescribed under
subparagraph (C), in a manner that--
``(i) minimizes the uptake and entrapment of sediment;
``(ii) facilitates removal of sediment; and
``(iii) provides for safe access for sediment removal and
sampling.
``(B) Existing vessels.--Every vessel to which this section
applies that was constructed before January 1, 2009, shall be
modified before January 1, 2009, to the extent practicable,
to achieve the objectives described in clauses (i), (ii), and
(iii) of subparagraph (A).
``(C) Regulations.--The Secretary shall promulgate
regulations establishing design and construction standards to
achieve the objectives of subparagraph (A) and providing
guidance for modifications and practices under subparagraph
(B). The Secretary shall incorporate the standards and
guidance in the regulations governing the ballast water
management plan.
``(3) Sediment reception facilities.--
``(A) Standards.--The Secretary, in consultation with other
appropriate Federal agencies as determined by the Secretary,
shall promulgate regulations governing facilities for the
reception of vessel sediment from spaces designed to carry
ballast water that provide for the disposal of such sediment
in a way that does not impair or damage the environment,
human health, or property or resources of the disposal area.
``(B) Designation.--The Administrator, in consultation with
the Secretary and other appropriate Federal agencies as
determined by the Administrator, shall designate facilities
for the reception of vessel sediment that meet the
requirements of the regulations promulgated under
subparagraph (A) at ports and terminals where ballast tanks
are cleaned or repaired.
``(i) Examinations and Certifications.--
``(1) Initial examination.--
``(A) In general.--The Secretary shall examine vessels to
which this section applies to determine whether--
``(i) there is a ballast water management plan for the
vessel that meets the requirements of this section; and
``(ii) the equipment used for ballast water and sediment
management in accordance with the requirements of this
section and the regulations promulgated hereunder is
installed and functioning properly.
``(B) New vessels.--For vessels constructed in the United
States on or after January 1, 2011, the Secretary shall
conduct the examination required by subparagraph (A) before
the vessel is placed in service.
``(C) Existing vessels.--For vessels constructed before
January 1, 2011, the Secretary shall--
``(i) conduct the examination required by subparagraph (A)
before the date on which subsection (f)(1) applies to the
vessel according to the schedule in subsection (f)(3); and
``(ii) inspect the vessel's ballast water record book
required by subsection (d).
``(D) Foreign vessels.--In the case of a foreign vessel (as
defined in section 2101(12) of title 46, United States Code),
the Secretary shall perform the examination required by this
paragraph the first time the vessel enters a United States
port.
``(2) Subsequent examinations.--The Secretary shall examine
vessels no less frequently than once each year to ensure
vessel compliance with the requirements of this section.
``(3) Inspection authority.--
``(A) In general.--The Secretary may carry out inspections
of any vessel to which this section applies at any time,
including the taking of ballast water samples, to ensure the
vessel's compliance with this Act. The Secretary shall use
all appropriate and practical measures of detection and
environmental monitoring, and shall establish adequate
procedures for reporting violations and accumulating
evidence.
``(B) Investigations.--Upon receipt of evidence that a
violation has occurred, the Secretary shall cause the matter
to be investigated. In any investigation under this section
the Secretary may issue subpoenas to require the attendance
of any witness and the production of documents and other
evidence. In case of refusal to obey a subpoena issued to any
person, the Secretary may request the Attorney General to
invoke the aid of the appropriate district court of the
United States to compel compliance.
``(4) Required certificate.--If, on the basis of an initial
examination under paragraph (1) the Secretary finds that a
vessel complies with the requirements of this section and the
regulations promulgated hereunder, the Secretary shall issue
a certificate under this paragraph as evidence of such
compliance. The certificate shall be valid for a period of
not more than 5 years, as specified by the Secretary. The
certificate or a true copy shall be maintained on board the
vessel.
``(5) Notification of violations.--If the Secretary finds,
on the basis of an examination under paragraph (1) or (2),
sampling under paragraph (3), or any other information, that
a vessel is being operated in violation of the requirements
of this section or the regulations promulgated hereunder, the
Secretary shall--
``(A) notify in writing--
``(i) the master of the vessel; and
``(ii) the captain of the port at the vessel's next port of
call; and
``(B) take such other action as may be appropriate.
``(6) Compliance and monitoring.--
``(A) In general.--The Secretary shall by regulation
establish sampling and other procedures to monitor compliance
with the requirements of this section and any regulations
promulgated under this section.
``(B) Use of markers.--The Secretary may verify compliance
with treatment standards under this section and the
regulations through identification of markers associated with
a treatment technology's effectiveness, such as the presence
of indicators associated with a certified treatment
technology.
``(7) Education and technical assistance programs.--The
Secretary may carry out education and technical assistance
programs and other measures to promote compliance with the
requirements issued under this section.
``(j) Detention of Vessels.--
``(1) In general.--The Secretary, by notice to the owner,
charterer, managing operator, agent, master, or other
individual in charge of a vessel, may detain that vessel if
the Secretary has reasonable cause to believe that--
``(A) the vessel is a vessel to which this section applies;
and
``(B) the vessel does not comply with the requirements of
this section or of the regulations issued hereunder or is
being operated in violation of such requirements.
``(2) Clearance.--
``(A) In general.--A vessel detained under paragraph (1)
may obtain clearance under section 4197 of the Revised
Statutes (46 U.S.C. App. 91) only if the violation for which
it was detained has been corrected.
``(B) Withdrawal.--If the Secretary finds that a vessel
detained under paragraph (1) has received a clearance under
section 4197 of the Revised Statutes (46 U.S.C. App. 91)
before it was detained under paragraph (1), the Secretary
shall withdraw, withhold, or revoke the clearance.
``(k) Sanctions.--
``(1) Civil penalties.--Any person who violates a
regulation promulgated under this section shall be liable for
a civil penalty in an amount not to exceed $32,500. Each day
of a continuing violation constitutes a separate violation. A
vessel operated in violation of this section or the
regulations is liable in rem for any civil penalty assessed
under this subsection for that violation.
``(2) Criminal penalties.--Any person who knowingly
violates the regulations promulgated under this section is
guilty of a class C felony.
``(3) Revocation of clearance.--Except as provided in
subsection (j)(2), upon request of the Secretary, the
Secretary of the Treasury shall withhold or revoke the
clearance of a
[[Page S7365]]
vessel required by section 4197 of the Revised Statutes (46
U.S.C. App. 91), if the owner or operator of that vessel is
in violation of this section or the regulations issued under
this section.
``(4) Exception to sanctions.--This subsection does not
apply to a discharge pursuant to subsection (b)(3), (e)(5),
or (e)(7).
``(l) Enforcement.--
``(1) Administrative actions.--If the Secretary finds,
after notice and an opportunity for a hearing, that a person
has violated any provision of this section or any regulation
promulgated hereunder, the Secretary may assess a civil
penalty for that violation. In determining the amount of a
civil penalty, the Secretary shall take into account the
nature, circumstances, extent, and gravity of the prohibited
acts committed and, with respect to the violator, the degree
of culpability, any history of prior violations, and such
other matters as justice may require.
``(2) Civil actions.--At the request of the Secretary, the
Attorney General may bring a civil action in an appropriate
district court of the United States to enforce this section,
or any regulation promulgated hereunder. Any court before
which such an action is brought may award appropriate relief,
including temporary or permanent injunctions and civil
penalties.
``(m) Consultation With Canada, Mexico, and Other Foreign
Governments.--In developing the guidelines issued and
regulations promulgated under this section, the Secretary is
encouraged to consult with the Government of Canada, the
Government of Mexico, and any other government of a foreign
country that the Secretary, after consultation with the Task
Force, determines to be necessary to develop and implement an
effective international program for preventing the
unintentional introduction and spread of aquatic nuisance
species through ballast water.
``(n) International Cooperation.--The Secretary, in
cooperation with the Undersecretary, the Secretary of State,
the Administrator, the heads of other relevant Federal
agencies, the International Maritime Organization of the
United Nations, and the Commission on Environmental
Cooperation established pursuant to the North American Free
Trade Agreement, is encouraged to enter into negotiations
with the governments of foreign countries to develop and
implement an effective international program for preventing
the unintentional introduction and spread of aquatic nuisance
species through ballast water. The Secretary is particularly
encouraged to seek bilateral or multilateral agreements with
Canada, Mexico, and other nations in the Wider Caribbean (as
defined in the Convention for the Protection and Development
of the Marine Environment of the Wider Caribbean (Cartagena
Convention) under this section.
``(o) Non-Discrimination.--The Secretary shall ensure that
vessels registered outside of the United States do not
receive more favorable treatment than vessels registered in
the United States when the Secretary performs studies,
reviews compliance, determines effectiveness, establishes
requirements, or performs any other responsibilities under
this Act.
``(p) Support for Federal Ballast Water Demonstration
Project.--In addition to amounts otherwise available to the
Maritime Administration, the National Oceanographic and
Atmospheric Administration, and the United States Fish and
Wildlife Service for the Federal Ballast Water Demonstration
Project, the Secretary shall provide support for the conduct
and expansion of the project, including grants for research
and development of innovative technologies for the
management, treatment, and disposal of ballast water and
sediment, for ballast water exchange, and for other vessel
vectors of aquatic nuisance species such as hull-fouling.
There are authorized to be appropriated to the Secretary
$5,000,000 for each of fiscal years 2007 through 2011 to
carry out this subsection.
``(q) Consultation With Task Force.--The Secretary shall
consult with the Task Force in carrying out this section.
``(r) Risk Assessment.--
``(1) In general.--Within 2 years after the date of
enactment of the Ballast Water Management Act of 2007, the
Administrator, in consultation with the Secretary and other
appropriate Federal agencies, shall conduct a risk assessment
of vessel discharges other than aquatic nuisance species that
are not required by the Clean Water Act (33 U.S.C. 1251 et
seq.) to have National Pollution Effluent Discharge Standards
permits under section 122.3(a) of title 40, Code of Federal
Regulations. The risk assessment shall include--
``(A) a characterization of the various types of discharges
by different classes of vessels;
``(B) the average volume of such discharges for individual
vessels and by class of vessel in the aggregate;
``(C) conclusions as to whether such discharges pose a risk
to human health or the environment; and
``(D) recommendations as to steps, including regulations,
that are necessary to address such risks.
``(2) Public comment.--The Administrator shall cause a
draft of the risk assessment to be published in the Federal
Register for public comment, and shall develop a final risk
assessment report after taking into accounts any comments
received during the public comment period.
``(3) Final report.--The Administrator shall transmit a
copy of the final report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure.
``(s) Other Sources of Vessel-Borne Nuisance Species.--
``(1) Hull-fouling and other vessel sources.--
``(A) Report.--Within 180 days after the date of enactment
of the Ballast Water Management Act of 2007, the Commandant
of the Coast Guard shall transmit a report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure on vessel-borne vectors of aquatic nuisance
species and pathogens other than ballast water and sediment,
including vessel hulls, anchors, and equipment.
``(B) Management.--Within 1 year after the date of
enactment of the Ballast Water Management Act of 2007, the
Secretary shall develop a strategy to address such other
vessel sources of aquatic nuisance species and to reduce the
introduction of invasive species into and within the United
States from vessels. The strategy shall include--
``(i) designation of geographical locations for update and
discharge of untreated ballast water, as well as measures to
address non-ballast vessel vectors of aquatic invasive
species;
``(ii) necessary modifications of existing regulations;
``(iii) best practices standards and procedures; and
``(iv) a timeframe for implementation of those standards
and procedures by vessels, in addition to the mandatory
requirements set forth in this section for ballast water.
``(C) Report.--The Secretary shall transmit a report to the
Committees describing the strategy, proposed regulations,
best practices, and the implementation timeframe, together
with any recommendations, including legislative
recommendations if appropriate, the Secretary deems
appropriate.
``(D) Standards for vessels of the united states.--The
strategy shall include requirements to ensure the consistent
application of best practices to all vessels owned or
operated by a Federal agency.
``(2) Transiting vessels.--Within 180 days after the date
of enactment of the Ballast Water Management Act of 2007, the
Commandant of the Coast Guard shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure containing--
``(A) an assessment of the magnitude and potential adverse
impacts of ballast water operations from foreign vessels
designed, adapted, or constructed to carry ballast water that
are transiting waters subject to the jurisdiction of the
United States; and
``(B) recommendations, including legislative
recommendations if appropriate, of options for addressing
ballast water operations of those vessels.
``(t) Regulations.--
``(1) In general.--The Secretary, after consultation with
other appropriate Federal agencies, shall issue such
regulations as may be necessary initially to carry out this
section within 1 year after the date of enactment of the
Ballast Water Management Act of 2007.
``(2) Judicial review.--
``(A) 120-day rule.--An interested person may bring an
action for review of a final regulation promulgated under
this section by the Secretary of the department in which the
Coast Guard is operating in the United States Court of
Appeals for the District of Columbia Circuit. Any such
petition shall be filed within 120 days after the date on
which notice of the promulgation appears in the Federal
Register, except that if the petition is based solely on
grounds arising after the 120th day, then any petition for
review under this subsection shall be filed within 120 days
after those grounds arise.
``(B) Review in enforcement proceedings.--A regulation for
which review could have been obtained under subparagraph (A)
of this paragraph is not subject to judicial review in any
civil or criminal proceeding for enforcement.
``(u) Savings Clause.--
``(1) In general.--Nothing in this section shall be
construed to preempt the authority of any State or local
government to impose penalties or fees for acts or omissions
that are violations of this Act, or to provide incentives
under subsection (f)(9)(B).
``(2) Reception facilities.--The standards prescribed by
the Secretary or other appropriate Federal agencies under
subsection (f)(2) do not supersede any more stringent
standard under any otherwise applicable Federal, State, or
local law.
``(3) Application with other statutes.--This section
provides the sole Federal authority for preventing the
introduction of species through the control and management of
vessel ballast water or sediment or other vessel-related
vectors.''.
(b) Definitions.--
(1) In general.--Section 1003 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702)
is amended--
(A) by redesignating paragraph (1) as paragraph (1A);
(B) by inserting before paragraph (1A), as redesignated,
the following:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency;'';
[[Page S7366]]
(C) by striking paragraph (3) and inserting the following:
``(3) Ballast water.--The term `ballast water'--
``(A) means water taken on board a vessel to control trim,
list, draught, stability, or stresses of the vessel,
including matter suspended in such water; and
``(B) any water placed into a ballast tank during cleaning,
maintenance, or other operations; but
``(C) does not include water taken on board a vessel and
used for a purpose described in subparagraph (A) that, at the
time of discharge, does not contain aquatic nuisance
species;'';
(D) by inserting after paragraph (3) the following:
``(3A) Ballast water capacity.--The term `ballast water
capacity' means the total volumetric capacity of any tanks,
spaces, or compartments on a vessel that is used for
carrying, loading, or discharging ballast water, including
any multi-use tank, space, or compartment designed to allow
carriage of ballast water;
``(3B) Ballast water management.--The term `ballast water
management' means mechanical, physical, chemical, and
biological processes used, either singularly or in
combination, to remove, render harmless, or avoid the uptake
or discharge of aquatic nuisance species and pathogens within
ballast water and sediment;
``(3C) Constructed.--The term `constructed' means a state
of construction of a vessel at which--
``(A) the keel is laid;
``(B) construction identifiable with the specific vessel
begins;
``(C) assembly of the vessel has begun comprising at least
50 tons or 1 percent of the estimated mass of all structural
material of the vessel, whichever is less; or
``(D) the vessel undergoes a major conversion;'';
(E) by inserting after paragraph (10) the following:
``(10A) Major conversion.--The term `major conversion'
means a conversion of a vessel, that--
``(A) changes its ballast water carrying capacity by at
least 15 percent;
``(B) changes the vessel class;
``(C) is projected to prolong the vessel's life by at least
10 years (as determined by the Secretary); or
``(D) results in modifications to the vessel's ballast
water system, except--
``(i) component replacement-in-kind; or
``(ii) conversion of a vessel to meet the requirements of
section 1101(e);'';
(F) by inserting after paragraph (12), as redesignated, the
following:
``(12A) Saltwater flushing.--The term `saltwater flushing'
means the process of--
``(A) adding midocean water to a ballast water tank that
contains residual quantities of ballast waters;
``(B) mixing the midocean water with the residual ballast
water and sediment in the tank through the motion of a
vessel; and
``(C) discharging the mixed water so that the salinity of
the resulting residual ballast water in the tank exceeds 30
parts per thousand;
``(12B) Sediment.--The term `sediment' means matter that
has settled out of ballast water within a vessel;'';
(G) by redesignating paragraph (15) as paragraph (16A) and
moving it to follow paragraph (16);
(H) by inserting after paragraph (17) the following:
``(17A) United states port.--The term `United States port'
means a port, river, harbor, or offshore terminal under the
jurisdiction of the United States, including ports located in
Puerto Rico, Guam, the Northern Marianas, and the United
States Virgin Islands;
``(17B) Vessel of the armed forces.--The term `vessel of
the Armed Forces' means--
``(A) any vessel owned or operated by the Department of
Defense, other than a time or voyage chartered vessel; and
``(B) any vessel owned or operated by the Department of
Homeland Security that is designated by the Secretary of the
department in which the Coast Guard is operating as a vessel
equivalent to a vessel described in subparagraph (A); and
``(17C) Waters subject to the jurisdiction of the united
states.--The term `waters subject to the jurisdiction of the
United States' means navigable waters and the territorial sea
of the United States, the exclusive economic zone, and the
Great Lakes.''.
(2) Stylistic consistency.--Section 1003 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4702), as amended by paragraph (1), is
further amended--
(A) by striking ``As used in this Act, the term--'' and
inserting ``In this Act:'';
(B) by redesignating paragraphs (1) through (17C) as
paragraphs (1) through (27), respectively; and
(C) by inserting a heading after the designation of each
existing paragraph , in a form consistent with the form of
the paragraphs added by paragraph (1) of this subsection,
consisting of the term defined in such paragraph and ``The
term''.
(c) Repeal of Section 1103.--Section 1103 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4713) is repealed.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 1301(a) of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4741(a)) is
amended--
(1) by striking ``and'' after the semicolon in paragraph
(4)(B);
(2) by striking ``1102(f).'' in paragraph (5)(B) and
inserting ``1102(f); and''; and
(3) by adding at the end the following:
``(6) $20,000,000 for each of fiscal years 2008 through
2012 to the Secretary to carry out section 1101.''.
______
By Ms. SNOWE (for herself, Ms. Cantwell, and Mr. Levin):
S. 1579. A bill to amend the Coastal Zone Management Act; to the
Committee on Commerce, Science, and Transportation.
Ms. SNOWE. Mr. President, I rise today to introduce the Coastal Zone
Enhancement Reauthorization Act of 2007. I am pleased to have my
colleague, Senator Cantwell, join me in cosponsoring this bill, which
will enable our Nation to improve the management of our valuable, yet
vulnerable, coastal resources.
More than half of all Americans reside in coastal zones, and each
year their number grows by more than 3,600. Yet, coastal regions
comprise just 17 percent of the land area in the contiguous United
States. People are drawn to our oceans and Great Lakes to experience
the economic opportunities, natural beauty, and recreational bounty
that these regions have to offer. Part of that value, both the tangible
and intangible, comes from the habitat these ecosystems provide for a
variety of plants and animals, ranging from rare microscopic organisms
to commercially valuable fish stocks. As population pressures increase,
we must work diligently to maintain a balance between human use of
these delicate regions and their natural, ecological functions.
When Congress passed the CZMA in 1972, it established a unique State-
Federal framework for facilitating sound coastal planning. The law
gives States the opportunity to create a coastal zone management plan
which, once approved, makes States eligible for matching Federal funds
to carry out the goals of its plan. This system allows States to tailor
plans to their individual needs, but permits the Federal Government to
ensure that marine resources, which often overlap political boundaries,
are managed responsibly nationwide. As a result of this program's
success, more than 99.9 percent of the United States' 95,376 shoreline
miles are managed under this system, including, 34 of the 35 coastal
and Great Lakes states and territories. The 35th, Illinois, has
submitted a plan for Federal approval.
The CZMA has not been reauthorized in over a decade, and the program
has been operating with authorization levels and mandates that expired
in 1999. Much has changed in the interim, and persistent threats to
coastal areas, such as increasing rates of nonpoint source water
pollution and constriction of working waterfront areas, have out-paced
states' abilities to maintain an appropriate balance between
development and conservation. The Coastal Zone Enhancement
Reauthorization Act of 2007 would encourage states to take additional
voluntary steps to combat these problems through the Coastal Community
Program.
Each year, we also learn more about threats to our coasts from
impacts of global climate change, yet the CZMA currently provides no
foundation to manage these problems. Mounting evidence indicates that
increasing concentrations of atmospheric carbon dioxide, approximately
a third of which is absorbed in our oceans, is affecting marine
chemistry and acidifying sea water. As global temperatures rise, we are
also experiencing an increase in ocean temperatures which can affect
the migratory patterns and range of marine species distribution. The
problems of potential sea level rise have also been well-documented in
academic journals and the mainstream media. The bill I introduce today
contains a provision giving states the authority to adapt their coastal
zone management plans to address these potential impacts and develop
potential mitigation and adaptation measures.
The Coastal Zone Enhancement Reauthorization of 2007 also
significantly increases the authorization levels for the Coastal Zone
Management Program, enabling States to better achieve their coastal
management goals. The bill authorizes $170 million for fiscal year 2008
and increases the authorization levels to $193.5 million for fiscal
year 2012. This adjustment in funding
[[Page S7367]]
would enable the States' coastal programs to achieve their full
potential.
The Coastal Zone Management Program has a long record of helping
states achieve their coastal area management goals by enhancing their
ability to maintain clean, safe, and productive coastlines that
ultimately serve the best interest of our Nation. This program enjoys
widespread support among coastal States, as demonstrated by the near
unanimous participation by eligible States, and the many Commerce
Committee members who have worked with me to strengthen this program
over the past several years.
I am pleased to introduce this legislation that would provide our
coastal states with the funding and management frameworks necessary to
meet the ever-increasing conservation and development challenges facing
our coastal communities, and I urge my colleagues to support it.
Additionally, as Ranking Member of the Committee on Commerce,
Science, and Transportation's subcommittee on Oceans, Atmosphere,
Fisheries, and Coast Guard, I would like to commend my colleagues for
their hard work that has resulted in today's introduction of six ocean-
related bills. As you are aware, we are in the midst of Capitol Hill
Oceans Week, and I am pleased that we can commemorate that occasion by
bringing these critical marine issues to the fore. I look forward to
working with my fellow Committee members and the rest of the Senate as
we improve management of our Nation's invaluable coastal and ocean
resources for the benefit of all Americans.
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. 1579
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Coastal
Zone Enhancement Reauthorization Act of 2007''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Coastal Zone Management Act of 1972.
Sec. 3. Findings.
Sec. 4. Policy.
Sec. 5. Changes in definitions.
Sec. 6. Reauthorization of management program development grants.
Sec. 7. Administrative grants.
Sec. 8. Coastal resource improvement program.
Sec. 9. Certain Federal agency activities.
Sec. 10. Coastal zone management fund.
Sec. 11. Coastal zone enhancement grants.
Sec. 12. Coastal community program.
Sec. 13. Technical assistance; resources assessments; information
systems.
Sec. 14. Performance review.
Sec. 15. Walter B. Jones awards.
Sec. 16. National Estuarine Research Reserve System.
Sec. 17. Coastal zone management reports.
Sec. 18. Authorization of appropriations.
Sec. 19. Deadline for decision on appeals of consistency determination.
Sec. 20. Effects of climate change on coastal zone management.
Sec. 21. Coordination with Federal Energy Regulatory Commission.
SEC. 2. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT OF 1972.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Coastal Zone Management Act of 1972
(16 U.S.C. 1451 et seq.).
SEC. 3. FINDINGS.
Section 302 (16 U.S.C. 1451) is amended--
(1) by redesignating paragraphs (a) through (m) as
paragraphs (1) through (13);
(2) by inserting ``ports,'' in paragraph (3) (as so
redesignated) after ``fossil fuels,'';
(3) by inserting ``including coastal waters and wetlands,''
in paragraph (4) (as so redesignated) after ``zone,'';
(4) by striking ``therein,'' in paragraph (4) (as so
redesignated) and inserting ``dependent on that habitat,'';
(5) by striking ``well-being'' in paragraph (5) (as so
redesignated) and inserting ``quality of life'';
(6) by inserting ``integrated plans and strategies,'' after
``including'' in paragraph (9) (as so redesignated);
(7) by striking paragraph (11) (as so redesignated) and
inserting the following:
``(11) Land and water uses in the coastal zone and coastal
watersheds may significantly affect the quality of coastal
waters and habitats, and efforts to control coastal water
pollution from activities in these areas must be improved.'';
and
(8) by adding at the end thereof the following:
``(14) There is a need to enhance cooperation and
coordination among states and local communities, to encourage
local community-based solutions that address the impacts and
pressures on coastal resources and on public facilities and
public service caused by continued coastal demands, and to
increase state and local capacity to identify public
infrastructure and open space needs and develop and implement
plans which provide for sustainable growth, resource
protection and community revitalization.
``(15) The establishment of a national system of estuarine
research reserves will provide for protection of essential
estuarine resources, as well as for a network of State-based
reserves that will serve as sites for coastal stewardship
best-practices, monitoring, research, education, and training
to improve coastal management and to help translate science
and inform coastal decisionmakers and the public.''.
SEC. 4. POLICY.
Section 303 (16 U.S.C. 1452) is amended--
(1) by striking ``the states'' in paragraph (2) and
inserting ``state and local governments'';
(2) by striking ``programs'' the first place it appears in
paragraph (2) and inserting ``programs, plans, and
strategies'';
(3) by striking ``waters,'' each place it appears in
paragraph (2)(C) and inserting ``waters and habitats,'';
(4) by striking ``agencies and state and wildlife agencies;
and'' in paragraph (2)(J) and inserting ``and wildlife
management, and'';
(5) by striking ``specificity'' in paragraph (3) and
inserting ``specificity, cooperation, coordination, and
effectiveness'';
(6) by inserting ``other countries,'' after ``agencies,''
in paragraph (5);
(7) by striking ``and'' at the end of paragraph (5);
(8) by striking ``zone.'' in paragraph (6) and inserting
``zone;''; and
(9) by adding at the end thereof the following:
``(7) to create and use a National Estuarine Research
Reserve System as a Federal, state, and community partnership
to support and enhance coastal management and stewardship
through State-based conservation, monitoring, research,
education, outreach, and training; and
``(8) to encourage the development, application, training,
technical assistance, and transfer of innovative coastal
management practices and coastal and estuarine environmental
technologies and techniques to improve understanding and
management decisionmaking for the long-term conservation of
coastal ecosystems.''.
SEC. 5. CHANGES IN DEFINITIONS.
Section 304 (16 U.S.C. 1453) is amended--
(1) by striking ``and the Trust Territories of the Pacific
Islands,'' in paragraph (4);
(2) in paragraph (6)(B)--
(A) by inserting ``(ix) use or reuse of facilities
authorized under the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) for energy-related purposes or other
authorized marine related purposes;'' after ``transmission
facilities;''; and
(B) by striking ``and (ix)'' and inserting ``and (x);
(3) by striking paragraph (8) and inserting the following:
``(8) The terms `estuarine reserve' and `estuarine research
reserve' mean a coastal protected area that--
``(A) may include any part or all of an estuary and any
island, transitional area, and upland in, adjoining, or
adjacent to the estuary;
``(B) constitutes to the extent feasible a natural unit;
and
``(C) is established to provide long-term opportunities for
conducting scientific studies and monitoring and educational
and training programs that improve the understanding,
stewardship, and management of estuaries and improve coastal
decisionmaking.'';
(4) by inserting ``plans, strategies,'' after ``policies,''
in paragraph (12);
(5) in paragraph (13)--
(A) by inserting ``or alternative energy sources on or''
after ``natural gas'';
(B) by striking ``new or expanded'' and inserting ``new,
reused, or expanded''; and
(C) by striking ``or production.'' and inserting
``production, or other energy related purposes.'';
(6) by striking ``policies; standards'' in paragraph (17)
and inserting ``policies, standards, incentives,
guidelines,''; and
(7) by adding at the end the following:
``(19) The term `coastal nonpoint pollution control
strategies and measures' means strategies and measures
included as part of the coastal nonpoint pollution control
program under section 6217 of the Coastal Zone Act
Reauthorization Amendments of 1990 (16 U.S.C. 1455b).
``(20) The term `qualified local entity' means--
``(A) any local government;
``(B) any areawide agency referred to in section 204(a)(1)
of the Demonstration Cities and Metropolitan Development Act
of 1966 (42 U.S.C. 3334 (a)(1));
``(C) any regional agency;
``(D) any interstate agency;
``(E) any nonprofit organization; or
``(F) any reserve established under section 315.''.
SEC. 6. REAUTHORIZATION OF MANAGEMENT PROGRAM DEVELOPMENT
GRANTS.
Section 305 (16 U.S.C. 1454) is amended to read as follows:
[[Page S7368]]
``SEC. 305. MANAGEMENT PROGRAM DEVELOPMENT GRANTS.
``(a) States Without Programs.--In fiscal years 2008 and
2009, the Secretary may make a grant annually to any coastal
state without an approved program if the coastal state
demonstrates to the satisfaction of the Secretary that the
grant will be used to develop a management program consistent
with the requirements set forth in section 306. The amount of
any such grant shall not exceed $200,000 in any fiscal year,
and shall require State matching funds according to a 4-to-1
ratio of Federal-to-State contributions. After an initial
grant is made to a coastal state under this subsection, no
subsequent grant may be made to that coastal state under this
subsection unless the Secretary finds that the coastal state
is satisfactorily developing its management program. No
coastal state is eligible to receive more than 4 grants under
this subsection.
``(b) Submittal of Program for Approval.--A coastal state
that has completed the development of its management program
shall submit the program to the Secretary for review and
approval under section 306.''.
SEC. 7. ADMINISTRATIVE GRANTS.
(a) Purposes.--Section 306(a) (16 U.S.C. 1455(a)) is
amended by striking ``administering that State's management
program,'' and inserting ``administering and implementing
that State's management program and any plans, projects, or
activities developed pursuant to such program, including
developing and implementing applicable coastal nonpoint
pollution control program components,''.
(b) Equitable Allocation of Funding.--Section 306(c) (16
U.S.C. 1455(c)) is amended by adding at the end thereof ``In
promoting equity, the Secretary shall consider the overall
change in grant funding under this section from the preceding
fiscal year and minimize the relative increases or decreases
among all the eligible States. To the extent practicable, the
Secretary shall ensure that each eligible State receives
increased funding under this section in any fiscal year for
which the total amount appropriated to carry out this section
is greater than the total amount appropriated to carry out
this section for the preceding fiscal year.
(c) Acquisition Criteria.--Section 306(d)(10)(B) (16 U.S.C.
1455(d)(10)(B)) is amended by striking ``less than fee
simple'' and inserting ``other''.
(d) Conforming Amendment.--Section 306(d)(13)(B) (16 U.S.C.
1455(d)(13)(B)) is amended by inserting ``policies, plans,
strategies,'' after ``specific''.
SEC. 8. COASTAL RESOURCE IMPROVEMENT PROGRAM.
Section 306A (16 U.S.C. 1455a) is amended--
(1) by inserting ``or other important coastal habitats'' in
subsection (b)(1)(A) after ``306(d)(9)'';
(2) by inserting ``or historic'' in subsection (b)(2) after
``urban'';
(3) by adding at the end of subsection (b) the following:
``(5) The coordination and implementation of approved
coastal nonpoint pollution control plans, strategies, and
measures.
``(6) The preservation, restoration, enhancement or
creation of coastal habitats.'';
(4) by inserting ``planning,'' before ``engineering'' in
subsection (c)(2)(D);
(5) by striking ``and'' after the semicolon in subsection
(c)(2)(D);
(6) by striking ``section.'' in subsection (c)(2)(E) and
inserting ``section;'';
(7) by adding at the end of subsection (c)(2) the
following:
``(F) work, resources, or technical support necessary to
preserve, restore, enhance, or create coastal habitats; and
``(G) the coordination and implementation of approved
coastal nonpoint pollution control plans, strategies,
measures.''; and
(8) by striking subsections (d), (e), and (f) and inserting
after subsection (c) the following:
``(d) Source of Federal Grants; State Matching
Contributions.--
``(1) In general.--If a coastal state chooses to fund a
project under this section, then--
``(A) it shall submit to the Secretary a combined
application for grants under this section and section 306;
``(B) it shall match the combined amount of such grants in
the ratio required by section 306(a) for grants under that
section; and
``(C) the Federal funding for the project shall be a
portion of that state's annual allocation under section
306(a).
``(2) Use of funds.--Grants provided under this section may
be used to pay a coastal state's share of costs required
under any other Federal program that is consistent with the
purposes of this section.
``(e) Allocation of Grants to Qualified Local Entity.--With
the approval of the Secretary, the eligible coastal state may
allocate to a qualified local entity a portion of any grant
made under this section for the purpose of carrying out this
section; except that such an allocation shall not relieve
that state of the responsibility for ensuring that any funds
so allocated are applied in furtherance of the state's
approved management program and consistent with the policies
of this Act.
``(f) Assistance.--The Secretary shall assist eligible
coastal states in identifying and obtaining from other
Federal agencies technical and financial assistance in
achieving the objectives set forth in subsection (b).''.
SEC. 9. CERTAIN FEDERAL AGENCY ACTIVITIES.
Section 307(c)(1) (16 U.S.C. 1456(c)(1)) is amended by
adding at the end the following:
``(D) The provisions of paragraph (1)(A), and implementing
regulations thereunder, with respect to a Federal agency
activity inland of the coastal zone of the State of Alaska,
apply only if the activity directly and significantly affects
a land or water use or a natural resource of the Alaskan
coastal zone.''.
SEC. 10. COASTAL ZONE MANAGEMENT FUND.
(a) Treatment of Loan Repayments.--Section 308(a)(2) (16
U.S.C. 1456a(a)(2)) is amended to read as follows:
``(2) Loan repayments made under this subsection shall be
retained by the Secretary and deposited into the Coastal Zone
Management Fund established under subsection (b) and shall be
made available to the States for grants as under subsection
(b)(2).''.
(b) Use of Amounts in Fund.--Section 308(b) (16 U.S.C.
1456a(b)) is amended by striking paragraphs (2) and (3) and
inserting the following:
``(2) Subject to appropriation Acts, amounts in the Fund
shall be available to the Secretary to make grants to the
States for--
``(A) projects to address coastal and ocean management
issues which are regional in scope, including intrastate and
interstate projects; and
``(B) projects that have high potential for improving
coastal zone and watershed management.
``(3) Projects funded under this subsection shall apply an
integrated, watershed-based management approach and advance
the purpose of this Act to preserve, protect, develop, and
where possible, to restore or enhance, the resources of the
Nation's coastal zone for this and succeeding generations.''.
SEC. 11. COASTAL ZONE ENHANCEMENT GRANTS.
Section 309 (16 U.S.C. 1456b) is amended--
(1) by striking subsection (a)(1) and inserting the
following:
``(1) Protection, restoration, enhancement, or creation of
coastal habitats, including wetlands, coral reefs, marshes,
and barrier islands.'';
(2) by inserting ``and removal'' after ``entry'' in
subsection (a)(4);
(3) by striking ``on various individual uses or activities
on resources, such as coastal wetlands and fishery
resources.'' in subsection (a)(5) and inserting ``of various
individual uses or activities on coastal waters, habitats,
and resources, including sources of polluted runoff.'';
(4) by adding at the end of subsection (a) the following:
``(10) Development and enhancement of coastal nonpoint
pollution control program components, strategies, and
measures, including the satisfaction of conditions placed on
such programs as part of the Secretary's approval of the
programs.
``(11) Significant emerging coastal issues as identified by
coastal states, in consultation with the Secretary and
qualified local entities.'';
(5) by striking ``changes'' in subsection (b)(2)(A) and
inserting ``changes, or for projects that demonstrate
significant potential for improving ocean resource management
or integrated coastal and watershed management at the local,
state, or regional level,'';
(6) by striking ``proposals, taking into account the
criteria established by the Secretary under subsection (d).''
in subsection (c) and inserting ``proposals.'';
(7) by striking subsection (d) and redesignating
subsections (e), (f), and (g) as subsections (d), (e), and
(f), respectively; and
(8) by striking ``in implementing this section, up to a
maximum of $10,000,000 annually.'' in subsection (e), as
redesignated, and inserting ``for grants to the States.''.
SEC. 12. COASTAL COMMUNITY PROGRAM.
The Act is amended by inserting after section 309 the
following:
``SEC. 309A. COASTAL COMMUNITY PROGRAM.
``(a) Coastal Community Grants.--The Secretary may make
grants to any coastal state that is eligible under subsection
(b)--
``(1) to assist coastal communities in assessing and
managing growth, public infrastructure, and open space needs
in order to provide for sustainable growth, resource
protection and community revitalization;
``(2) to provide management-oriented research and technical
assistance in developing and implementing community-based
growth management and resource protection strategies in
qualified local entities as long as such strategies are
consistent with the policies of this Act;
``(3) to fund demonstration projects which have high
potential for improving coastal zone management at the local
level;
``(4) to assist in the adoption of plans, strategies,
policies, or procedures to support local community-based
environmentally-protective solutions to the impacts and
pressures on coastal uses and resources caused by development
and sprawl that will--
``(A) revitalize previously developed areas;
``(B) undertake conservation activities and projects in
undeveloped and environmentally sensitive areas;
``(C) emphasize water-dependent uses; and
``(D) protect coastal waters and habitats; and
``(5) to assist coastal communities to coordinate and
implement approved coastal nonpoint pollution control
strategies and measures that reduce the causes and impacts of
polluted runoff on coastal waters and habitats.''.
``(b) Eligibility.--To be eligible for a grant under this
section for a fiscal year, a coastal state shall--
[[Page S7369]]
``(1) have a management program approved under section 306;
and
``(2) in the judgment of the Secretary, be making
satisfactory progress in activities designed to result in
significant improvement in achieving the coastal management
objectives specified in subparagraphs (A) through (K) of
section 303(2).
``(c) Allocations; Source of Federal Grants; State Matching
Contributions.--
``(1) Allocation.--Grants under this section shall be
allocated to coastal states as provided in section 306(c).
``(2) Application; matching.--If a coastal state chooses to
fund a project under this section, then--
``(A) it shall submit to the Secretary a combined
application for grants under this section and section 306;
and
``(B) it shall match the amount of the grant under this
section on the basis of a total contribution of section 306,
306A, and this section so that, in aggregate, the match is
1:1.
``(d) Allocation of Grants to Qualified Local Entity.--
``(1) In general.--With the approval of the Secretary, the
eligible coastal state may allocate to a qualified local
entity amounts received by the state under this section.
``(2) Assurances.--A coastal state shall ensure that
amounts allocated by the state under paragraph (1) are used
by the qualified local entity in furtherance of the state's
approved management program, specifically furtherance of the
coastal management objectives specified in section 303(2) and
the policies of this Act.
``(e) Assistance.--The Secretary shall assist eligible
coastal states and qualified local entities in identifying
and obtaining from other Federal agencies technical and
financial assistance in achieving the objectives set forth in
subsection (a).''.
SEC. 13. TECHNICAL ASSISTANCE; RESOURCES ASSESSMENTS;
INFORMATION SYSTEMS.
(a) In General.--Section 310 (16 U.S.C. 1456c) is amended--
(1) by inserting ``(1)'' before ``The Secretary'' in
subsection (a);
(2) by striking ``assistance'' in the first sentence in
subsection (a) and inserting ``assistance, technology and
methodology development, training and information transfer,
resources assessment,'';
(3) by resetting the second and third sentences in
subsection (a) as a new paragraph and inserting ``(2)''
before ``Each'';
(4) by striking ``and research activities'' in subsection
(b)(1) and inserting ``research activities, and other support
services and activities'';
(5) by adding at the end of subsection (b)(1) the
following: ``The Secretary may conduct a program to develop
and apply innovative coastal and estuarine environmental
technology and methodology through a cooperative program, and
to support the development, application, training and
technical assistance, and transfer of effective coastal
management practices. The Secretary may make extramural
grants in carrying out the purpose of this subsection.'';
(6) by adding at the end of subsection (b)(3) the
following: ``The Secretary shall establish regional advisory
committees including representatives of the Governors of each
state within the region, universities, colleges, coastal and
marine laboratories, Sea Grant College programs within the
region and representatives from the private and public sector
with relevant expertise. The Secretary will report to the
regional advisory committees on activities undertaken by the
Secretary and other agencies pursuant to this section, and
the regional advisory committees shall identify research,
technical assistance and information needs and priorities.
The regional advisory committees are not subject to the
requirements of the Federal Advisory Committee Act (5 U.S.C.
App.).''; and
(7) by adding at the end the following:
``(c)(1) The Secretary shall consult with the regional
advisory committees concerning the development of a coastal
resources assessment and information program to support
development and maintenance of integrated coastal resource
assessments of state natural, cultural and economic
attributes, and coastal information programs for the
collection and dissemination of data and information, product
development, and outreach based on the needs and priorities
of coastal and ocean managers and user groups.
``(2) The Secretary shall assist coastal states in
identifying and obtaining financial and technical assistance
from other Federal agencies and may make grants to states in
carrying out the purpose of this section and to provide
ongoing support for state resource assessment and information
programs.''.
(b) Conforming Amendment.--The section heading for section
310 (16 U.S.C. 1456c) is amended to read as follows:
``SEC. 310. TECHNICAL ASSISTANCE, RESOURCES ASSESSMENTS, AND
INFORMATION SYSTEMS.
SEC. 14. PERFORMANCE REVIEW.
Section 312(a) (16 U.S.C. 1458(a)) is amended--
(1) by striking ``continuing review of the performance''
and inserting ``periodic review, no less frequently than
every 5 years, of the administration, implementation, and
performance'';
(2) by striking ``management.'' and inserting ``management
programs.'';
(3) by striking ``has implemented and enforced'' and
inserting ``has effectively administered, implemented, and
enforced'';
(4) by striking ``addressed the coastal management needs
identified'' and inserting ``furthered the national coastal
policies and objectives set forth''; and
(5) by inserting ``coordinated with National Estuarine
Research Reserves in the state,'' after ``303(2)(A) through
(K),''.
SEC. 15. WALTER B. JONES AWARDS.
Section 314 (16 U.S.C. 1460) is amended--
(1) by striking ``shall, using sums in the Coastal Zone
Management Fund established under section 308'' in subsection
(a) and inserting ``may, using sums available under this
Act'';
(2) by striking ``field.'' in subsection (a) and inserting
the following: ``field of coastal zone management. These
awards, to be known as the `Walter B. Jones Awards', may
include--
``(1) cash awards in an amount not to exceed $5,000 each;
``(2) research grants; and
``(3) public ceremonies to acknowledge such awards.'';
(3) by striking ``shall elect annually--'' in subsection
(b) and inserting ``may select annually if funds are
available under subsection (a)--''; and
(4) by striking subsection (e).
SEC. 16. NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM.
(a) Section 315(a) (16 U.S.C. 1461(a)) is amended by
striking ``consists of--'' and inserting ``is a network of
areas protected by Federal, state, and community partnerships
which promotes informed management of the Nation's estuarine
and coastal areas through interconnected programs in resource
stewardship, education and training, monitoring, research,
and scientific understanding consisting of--''.
(b) Section 315(b)(2) ((16 U.S.C. 1461(b)(2)) is amended--
(1) by inserting ``for each coastal state or territory''
after ``research'' in subparagraph (A);
(2) by striking ``public awareness and'' in subparagraph
(C) and inserting ``state coastal management, public
awareness, and''; and
(3) by striking ``public education and interpretation;
and''; in subparagraph (C) and inserting ``education,
interpretation, training, and demonstration projects; and''.
(c) Section 315(c) (16 U.S.C. 1461(c)) is amended--
(1) by striking ``Research'' in the subsection caption and
inserting ``Research, Education, and Resource Stewardship'';
(2) by striking ``conduct of research'' and inserting
``conduct of research, education, and resource stewardship'';
(3) by striking ``coordinated research'' in paragraph (1))
and inserting ``coordinated research, education, and resource
stewardship'';
(4) by striking ``research'' after ``common'' in paragraph
(2);
(5) by striking ``research programs'' in paragraph (2) and
inserting ``research, education, and resource stewardship
programs'';
(6) by striking ``research'' after ``uniform'' in paragraph
(3);
(7) by striking ``data,'' in paragraph (3) and inserting
``information,'';
(8) by striking ``research'' after ``application of'' in
paragraph (3);
(9) by striking ``research purposes;'' in paragraph (3) and
inserting ``research, education, and resource stewardship
purposes;'';
(10) by striking ``research efforts'' in paragraph (4) and
inserting ``research, education, and resource stewardship
efforts'';
(11) by striking ``research'' in paragraph (5) and
inserting ``research, education, and resource stewardship'';
and
(12) by striking ``research'' in the last sentence.
(d) Section 315(d) (16 U.S.C. 1461(d)) is amended--
(1) by striking ``Estuarine Research.--'' in the subsection
caption and inserting ``Estuarine Research, Education, and
Resource Stewardship.--'';
(2) by striking ``research purposes'' and inserting
``research, education, and resource stewardship purposes'';
(3) by striking paragraph (1) and inserting the following:
``(1) giving reasonable priority to research, education,
and stewardship activities that use the System in conducting
or supporting activities relating to estuaries;'';
(4) by striking ``research.'' in paragraph (2) and
inserting ``research, education, and resource stewardship
activities; and''; and
(5) by adding at the end thereof the following:
``(3) establishing partnerships with other Federal and
state estuarine management programs to coordinate and
collaborate on estuarine research.''.
(e) Section 315(e) (16 U.S.C. 1461(e)) is amended--
(1) by striking ``reserve,'' in paragraph (1)(A)(i) and
inserting ``reserve; and'';
(2) by striking ``and constructing appropriate reserve
facilities, or'' in paragraph (1)(A)(ii) and inserting
``including resource stewardship activities and constructing
reserve facilities; and'';
(3) by striking paragraph (1)(A)(iii);
(4) by striking paragraph (1)(B) and inserting the
following:
``(B) to any coastal state or public or private person for
purposes of--
``(i) supporting research and monitoring associated with a
national estuarine reserve that are consistent with the
research guidelines developed under subsection (c); or
[[Page S7370]]
``(ii) conducting educational, interpretive, or training
activities for a national estuarine reserve that are
consistent with the education guidelines developed under
subsection (c).'';
(5) by striking ``therein or $5,000,000, whichever amount
is less.'' in paragraph (3)(A) and inserting ``therein. Non-
Federal costs associated with the purchase of any lands and
waters, or interests therein, which are incorporated into the
boundaries of a reserve up to 5 years after the costs are
incurred, may be used to match the Federal share.'';
(6) by striking ``and (iii)'' in paragraph (3)(B);
(7) by striking ``paragraph (1)(A)(iii)'' in paragraph
(3)(B) and inserting ``paragraph (1)(B)'';
(8) by striking ``entire System.'' in paragraph (3)(B) and
inserting ``System as a whole.''; and
(9) by adding at the end thereof the following:
``(4) The Secretary may--
``(A) enter into cooperative agreements, financial
agreements, grants, contracts, or other agreements with any
nonprofit organization, authorizing the organization to
solicit donations to carry out the purposes and policies of
this section, other than general administration of reserves
or the System and which are consistent with the purposes and
policies of this section; and
``(B) accept donations of funds and services for use in
carrying out the purposes and policies of this section, other
than general administration of reserves or the System and
which are consistent with the purposes and policies of this
section.
Donations accepted under this section shall be considered as
a gift or bequest to or for the use of the United States for
the purpose of carrying out this section.''.
(f) Section 315(f)(1) (16 U.S.C. 1461(f)(1)) is amended by
inserting ``coordination with other state programs
established under sections 306 and 309A,'' after
``including''.
SEC. 17. COASTAL ZONE MANAGEMENT REPORTS.
Section 316 (16 U.S.C. 1462) is amended--
(1) by striking ``to the President for transmittal'' in
subsection (a);
(2) by striking ``zone and an evaluation of the
effectiveness of financial assistance under section 308 in
dealing with such consequences;'' and inserting ``zone;'' in
subsection (a)(10);
(3) by inserting ``education,'' after ``studies,'' in
subsection (a)(12);
(4) by striking ``Secretary'' in the first sentence of
subsection (c)(1) and inserting ``Secretary, in consultation
with coastal states, and with the participation of affected
Federal agencies,'';
(5) by striking the second sentence of subsection (c)(1)
and inserting the following: ``The Secretary, in conducting
such a review, shall coordinate with, and obtain the views
of, appropriate Federal agencies.'';
(6) by striking ``shall promptly'' in subsection (c)(2) and
inserting ``shall, within 4 years after the date of enactment
of the Coastal Zone Enhancement Reauthorization Act of
2007,''; and
(7) by adding at the end of subsection (c)(2) the
following: ``If sufficient funds and resources are not
available to conduct such a review, the Secretary shall so
notify the Congress.''.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
Section 318 (16 U.S.C. 1464) is amended--
(1) by striking paragraphs (1) and (2) of subsection (a)
and inserting the following:
``(1) for grants under sections 306, 306A, and 309--
``(A) $90,500,000 for fiscal year 2008,
``(B) $94,000,000 for fiscal year 2009,
``(C) $98,000,000 for fiscal year 2010,
``(D) $102,000,000 for fiscal year 2011, and
``(E) $106,000,000 for fiscal year 2012;
``(2) for grants under section 309A--
``(A) $29,000,000 for fiscal year 2008,
``(B) $30,000,000 for fiscal year 2009,
``(C) $31,000,000 for fiscal year 2010,
``(D) $32,000,000 for fiscal year 2011, and
``(E) $32,000,000 for fiscal year 2012,
of which $10,000,000, or 35 percent, whichever is less, shall
be for purposes set forth in section 309A(a)(5);
``(3) for grants under section 315--
``(A) $37,000,000 for fiscal year 2008,
``(B) $38,000,000 for fiscal year 2009,
``(C) $39,000,000 for fiscal year 2010,
``(D) $40,000,000 for fiscal year 2011, and
``(E) $41,000,000 for fiscal year 2012,
of which up to $15,000,000 may be used by the Secretary in
each of fiscal years 2008 through 2012 for grants to fund
construction and acquisition projects at estuarine reserves
designated under section 315;
``(4) for costs associated with administering this title,
$7,500,000 for fiscal year 2008, $7,750,000 for fiscal year
2009, $8,000,000 for fiscal year 2010, $8,250,000, for fiscal
year 2011, and $8,500,000 for fiscal year 2012; and
``(5) for grants under section 310 to support State pilot
projects to implement resource assessment and information
programs, $6,000,000 for each of fiscal years 2008 and
20010.'';
(2) by striking ``306 or 309.'' in subsection (b) and
inserting ``306.'';
(3) by striking ``during the fiscal year, or during the
second fiscal year after the fiscal year, for which'' in
subsection (c) and inserting ``within 3 years from when'';
(4) by striking ``under the section for such reverted
amount was originally made available.'' in subsection (c) and
inserting ``to states under this Act.''; and
(5) by adding at the end thereof the following:
``(d) Purchase of Otherwise Unavailable Federal Products
and Services.--Federal funds allocated under this title may
be used by grantees to purchase Federal products and services
not otherwise available.
``(e) Restrictions on Use of Amounts.--Except for funds
appropriated under subsection (a)(4), amounts appropriated
under this section shall not be available for administrative
or overhead costs of the National Oceanic and Atmospheric
Administration or the Department of Commerce. Amounts
appropriated under subsection (a)(1) or (2) shall be
available only for grants to States.''.
SEC. 19. DEADLINE FOR DECISION ON APPEALS OF CONSISTENCY
DETERMINATION.
(a) In General.--Section 319 (16 U.S.C. 1465) is amended to
read as follows:
``SEC. 319. APPEALS TO THE SECRETARY.
``(a) Notice.--Not later than 30 days after the date of the
filing of an appeal to the Secretary of a consistency
determination under section 307, the Secretary shall publish
an initial notice in the Federal Register.
``(b) Closure of Record.--
``(1) In general.--Not later than the end of the 270-day
period beginning on the date of publication of an initial
notice under subsection (a), except as provided in paragraph
(3), the Secretary shall immediately close the decision
record and receive no more filings on the appeal.
``(2) Notice.--After closing the administrative record, the
Secretary shall immediately publish a notice in the Federal
Register that the administrative record has been closed.
``(3) Exception.--
``(A) In general.--Subject to subparagraph (B), during the
270-day period described in paragraph (1), the Secretary may
stay the closing of the decision record--
``(i) for a specific period mutually agreed to in writing
by the appellant and the State agency; or
``(ii) as the Secretary determines necessary to receive, on
an expedited basis--
``(I) any supplemental information specifically requested
by the Secretary to complete a consistency review under this
Act; or
``(II) any clarifying information submitted by a party to
the proceeding related to information already existing in the
sole record.
``(B) Applicability.--The Secretary may only stay the 270-
day period described in paragraph (1) once and for a period
not to exceed 60 days.
``(c) Deadline for Decision.--
``(1) In general.--Not later than 90 days after the date of
publication of a Federal Register notice stating when the
decision record for an appeal has been closed, the Secretary
shall issue a decision or publish a notice in the Federal
Register explaining why a decision cannot be issued at that
time.
``(2) Subsequent decision.--Not later than 45 days after
the date of publication of a Federal Register notice
explaining why a decision cannot be issued within the 90-day
period, the Secretary shall issue a decision.''.
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to appeals under subsection (c) or (d)
of section 307 of the Coastal Zone Management Act of 1972 (16
U.S.C. 1456) filed after the date of enactment of this Act.
(c) Special Rule for Appeals Filed On or Before Date of
Enactment.--The Secretary of Commerce--
(1) shall close the administrative record for any appeal
under subsection (c) or (d) of section 307 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1456) that was filed
on or before the date of enactment of this Act within 180
days after such date of enactment but not earlier than
December 31, 2008;
(2) may not receive any additional filing with respect to
such an appeal; and
(3) shall issue a decision on the appeal within 90 days
after closing the administrative record.
SEC. 20. EFFECTS OF CLIMATE CHANGE ON COASTAL ZONE
MANAGEMENT.
The Act (16 U.S.C. 1451 et seq.) is amended by adding at
the end the following:
``SEC. 320. EFFECTS OF CLIMATE CHANGE ON COASTAL ZONE
MANAGEMENT.
``In preparing and carrying out its management program, a
coastal state may--
``(1) conduct assessments, mapping, modeling, and
forecasting to understand the physical, environmental, and
socio-economic impacts of sea level rise, changes in
freshwater quality and quantity, ocean acidification, ocean
warming, or other effects of global climate change on the
coastal zone;
``(2) develop prevention, adaptation or response strategies
to reduce vulnerability of coastal communities and resources
to such impacts, changes, and effects; and
``(3) establish mechanisms to increase local awareness of
such impacts, changes, and effects.''.
SEC. 21. COORDINATION WITH FEDERAL ENERGY REGULATORY
COMMISSION.
Within 180 days after the date of enactment of this Act,
the Secretary of Commerce shall submit a report to the
Congress on the development of a memorandum of understanding
with the Commissioner of the Federal Energy Regulatory
Commission for a coordinated process for review of coastal
energy activities that provides for--
(1) improved coordination among Federal, regional, State,
and local agencies concerned with conducting reviews under
the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et
seq.); and
(2) coordinated schedules for such reviews that ensures
that, where appropriate, the reviews are performed
concurrently.
[[Page S7371]]
______
By Mr. INOUYE (for himself, Mr. Stevens, and Ms. Cantwell):
S. 1580. A bill to reauthorize the Coral Reef Conservation Act of
2000, and for other purposes; to the Committee on Commerce, Science,
and Transportation.
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. 1580
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Coral Reef
Conservation Amendments Act of 2007''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Coral Reef Conservation Act of 2000.
Sec. 3. Findings and purposes.
Sec. 4. National coral reef action strategy.
Sec. 5. Coral reef conservation program.
Sec. 6. Coral reef conservation fund.
Sec. 7. Agreements.
Sec. 8. Emergency assistance.
Sec. 9. National program.
Sec. 10. Community-based planning grants.
Sec. 11. Vessel grounding inventory.
Sec. 12. Prohibited activities.
Sec. 13. Destruction of coral reefs.
Sec. 14. Enforcement.
Sec. 15. Permits.
Sec. 16. Regional, State, and Territorial coordination..
Sec. 17. Regulations.
Sec. 18. Effectiveness report.
Sec. 19. Authorization of appropriations.
Sec. 20. Judicial review.
Sec. 21. Definitions.
SEC. 2. AMENDMENT OF CORAL REEF CONSERVATION ACT OF 2000.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to or repeal of a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Coral Reef Conservation Act of 2000
(16 U.S.C. 6401 et seq.).
SEC. 3. FINDINGS AND PURPOSES.
Section 202 (16 U.S.C. 6401) is amended to read as follows:
``SEC. 202. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds that--
``(1) coral reefs contain high biological diversity and
serve important ecosystem functions;
``(2) coral reef ecosystems provide economic and
environmental benefits in the form of food, jobs, natural
products, and pharmaceuticals;
``(3) coral reef ecosystems are the basis of thriving
commercial and recreational fishing and tourism industries;
``(4) a combination of stressors, including climate change,
has caused a rapid decline in the health of many coral reef
ecosystems globally;
``(5) natural stressors on coral reef ecosystems are
compounded by human impacts including pollution, overfishing,
and physical damage; and
``(6) healthy coral reefs provide shoreline protection for
coastal communities and resources.
``(b) Purposes.--The purposes of this Act are--
``(1) to preserve, sustain, and restore the condition of
coral reef ecosystems;
``(2) to promote the wise management and sustainable use of
coral reef ecosystems to benefit local communities, the
Nation, and the world;
``(3) to develop sound scientific information on the
condition of coral reef ecosystems and the threats to such
ecosystems;
``(4) to assist in the preservation of coral reef
ecosystems by supporting conservation programs, including
projects that involve affected local communities and
nongovernmental organizations;
``(5) to provide financial resources for those programs and
projects;
``(6) to establish a formal mechanism for collecting and
allocating monetary donations from the private sector to be
used for coral reef conservation projects; and
``(7) to provide mechanisms to prevent and minimize damage
to coral reefs.''.
SEC. 4. NATIONAL CORAL REEF ACTION STRATEGY.
Section 203(a) (16 U.S.C. 6402(a)) is amended to read as
follows:
``(a) In General.--Not later than 180 days after the date
of the enactment of the Coral Reef Conservation Amendments
Act of 2007, the Secretary shall submit to the Senate
Committee on Commerce, Science, and Transportation and to the
House of Representatives Committee on Natural Resources and
publish in the Federal Register a national coral reef action
strategy, consistent with the purposes of this title. The
Secretary shall periodically review and revise the strategy
as necessary. In developing this national strategy, the
Secretary may consult the Coral Reef Task Force established
under Executive Order 13089 (June 11, 1998).''.
SEC. 5. CORAL REEF CONSERVATION PROGRAM.
Section 204 (16 U.S.C. 6403) is amended--
(1) by striking ``Administrator'' each place it appears and
inserting ``Secretary'';
(2) by striking subsection (a) and inserting the following:
``(a) Grants.--The Secretary, subject to the availability
of funds, shall provide grants of financial assistance for
projects for the conservation of coral reef ecosystems
(hereafter in this title referred to as `coral conservation
projects'), for proposals approved by the Secretary in
accordance with this section.'';
(3) by striking subsection (c) and inserting the following:
``(c) Eligibility.--Any natural resource management
authority of a State or other government authority with
jurisdiction over coral reef ecosystems, or whose activities
directly or indirectly affect coral reef ecosystems, or
educational or nongovernmental institutions with demonstrated
expertise in the conservation of coral reef ecosystems, may
submit a coral conservation proposal to the Secretary under
subsection (e).'';
(4) by striking ``Geographic and Biological'' in the
heading for subsection (d) and inserting ``Project'';
(5) by striking paragraph (3) of subsection (d) and
inserting the following:
``(3) Remaining funds shall be awarded for--
``(A) projects (with priority given to community-based
local action strategies) that address emerging priorities or
threats, including international and territorial priorities,
or threats identified by the Secretary; and
``(B) other appropriate projects, as determined by the
Secretary, including monitoring and assessment, research,
pollution reduction, education, and technical support.'';
(6) by striking subsection (g) and inserting the following:
``(g) Criteria for Approval.--The Secretary may not approve
a project proposal under this section unless the project is
consistent with the coral reef action strategy under section
203 and will enhance the conservation of coral reef
ecosystems nationally or internationally by--
``(1) implementing coral conservation programs which
promote sustainable development and ensure effective, long-
term conservation of coral reef ecosystems and biodiversity;
``(2) addressing the conflicts arising from the use of
environments near coral reef ecosystems or from the use of
corals, species associated with coral reef ecosystems, and
coral products;
``(3) enhancing compliance with laws that prohibit or
regulate the taking of coral products or species associated
with coral reef ecosystems or regulate the use and management
of coral reef ecosystems;
``(4) developing sound scientific information on the
condition of coral reef ecosystems or the threats to such
ecosystems and their biodiversity, including factors that
cause coral disease and bleaching;
``(5) promoting and assisting the implementation of
cooperative coral reef ecosystem conservation projects that
involve affected local communities, nongovernmental
organizations, or others in the private sector;
``(6) increasing public knowledge and awareness of coral
reef ecosystems and issues regarding their long-term
conservation, including how they function to protect coastal
communities;
``(7) mapping the location, distribution, and biodiversity
of coral reef ecosystems;
``(8) developing and implementing techniques to monitor and
assess the status and condition of coral reef ecosystems and
biodiversity;
``(9) developing and implementing cost-effective methods to
restore degraded coral reef ecosystems and biodiversity;
``(10) responding to coral disease and bleaching events;
``(11) promoting activities designed to prevent or minimize
damage to coral reef ecosystems, including the promotion of
ecologically sound navigation and anchorages; or
``(12) promoting and assisting entities to work with local
communities, and all appropriate governmental and
nongovernmental organizations, to support community-based
planning and management initiatives for the protection of
coral reef systems.''; and
(7) by striking ``coral reefs'' in subsection (j) and
inserting ``coral reef ecosystems''.
SEC. 6. CORAL REEF CONSERVATION FUND.
Section 205 (16 U.S.C. 6404) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Fund.--The Secretary may enter into agreements with
nonprofit organizations promoting coral reef ecosystem
conservation by authorizing such organizations to receive,
hold, and administer funds received pursuant to this section.
Such organizations shall invest, reinvest, and otherwise
administer the funds and maintain such funds and any interest
or revenues earned in a separate interest-bearing account
(referred to in section 218(a) as the `Fund') established by
such organizations solely to support partnerships between the
public and private sectors that further the purposes of this
title and are consistent with the national coral reef action
strategy under section 203.'';
(2) by striking ``Administrator'' in subsection (c) and
inserting ``Secretary'';
(3) by striking ``the grant program'' in subsection (c) and
inserting ``any grant program''; and
[[Page S7372]]
(4) by striking ``Administrator'' in subsection (d) and
inserting ``Secretary''.
SEC. 7. AGREEMENTS.
The Act (16 U.S.C. 6401 et seq.) is amended by
redesignating sections 206 through 210 as sections 207
through 211, respectively, and inserting after section 205
the following:
``SEC. 206. AGREEMENTS.
``(a) In General.--The Secretary may execute and perform
such contracts, leases, grants, or cooperative agreements as
may be necessary to carry out the purposes of this title.
``(b) Use of Other Agencies' Resources.--For purposes
related to the conservation, preservation, protection,
restoration, or replacement of coral reefs or coral reef
ecosystems and the enforcement of this title, the Secretary
is authorized to use, with their consent and with or without
reimbursement, the land, services, equipment, personnel, and
facilities of any Department, agency, or instrumentality of
the United States, or of any State, local government, Indian
tribal government, Territory or possession, or of any
political subdivision thereof, or of any foreign government
or international organization.
``(c) Authority To Utilize Grant Funds.--
``(1) Except as provided in paragraph (2), the Secretary
may apply for, accept, and obligate research grant funding
from any Federal source operating competitive grant programs
where such funding furthers the purpose of this title.
``(2) The Secretary may not apply for, accept, or obligate
any grant funding under paragraph (1) for which the granting
agency lacks authority to grant funds to Federal agencies, or
for any purpose or subject to conditions that are prohibited
by law or regulation.
``(3) Appropriated funds may be used to satisfy a
requirement to match grant funds with recipient agency funds,
except that no grant may be accepted that requires a
commitment in advance of appropriations.
``(4) Funds received from grants shall be deposited in the
National Oceanic and Atmospheric Administration account for
the purpose for which the grant was awarded.''.
SEC. 8. EMERGENCY ASSISTANCE.
Section 207 (formerly 16 U.S.C. 6405), as redesignated, is
amended to read as follows:
``SEC. 207. EMERGENCY ASSISTANCE.
``The Secretary, in cooperation with the Federal Emergency
Management Agency, as appropriate, may provide assistance to
any State, local, or territorial government agency with
jurisdiction over coral reef ecosystems to address any
unforeseen or disaster-related circumstance pertaining to
coral reef ecosystems.''.
SEC. 9. NATIONAL PROGRAM.
Section 208 (formerly 16 U.S.C. 6406), as redesignated, is
amended to read as follows:
``SEC. 208. NATIONAL PROGRAM.
``(a) In General.--Subject to the availability of
appropriations, the Secretary may conduct activities,
including with local, regional, or international programs and
partners, as appropriate, to conserve coral reef ecosystems,
that are consistent with this title, the National Marine
Sanctuaries Act, the Coastal Zone Management Act of 1972, the
Magnuson-Stevens Fishery Conservation and Management Act, the
Endangered Species Act of 1973, and the Marine Mammal
Protection Act of 1972.
``(b) Authorized Activities.--Activities authorized under
subsection (a) include--
``(1) mapping, monitoring, assessment, restoration,
socioeconomic and scientific research that benefit the
understanding, sustainable use, biodiversity, and long-term
conservation of coral reef ecosystems;
``(2) enhancing public awareness, education, understanding,
and appreciation of coral reef ecosystems;
``(3) removing, and providing assistance to States in
removing, abandoned fishing gear, marine debris, and
abandoned vessels from coral reef ecosystems to conserve
living marine resources;
``(4) responding to incidents and events that threaten and
damage coral reef ecosystems, including disease and
bleaching;
``(5) conservation and management of coral reef ecosystems;
``(6) centrally archiving, managing, and distributing data
sets and providing coral reef ecosystem assessments and
services to the general public. with local, regional, or
international programs and partners; and
``(7) activities designed to prevent or minimize damage to
coral reef ecosystems, including those activities described
in section 211 of this title.
``(c) Data Archive, Access, and Availability.--The
Secretary, in coordination with similar efforts at other
Departments and agencies shall provide for the long-term
stewardship of environmental data, products, and information
via data processing, storage, and archive facilities pursuant
to this title. The Secretary may--
``(1) archive environmental data collected by Federal,
State, local agencies and tribal organizations and federally
funded research;
``(2) promote widespread availability and dissemination of
environmental data and information through full and open
access and exchange to the greatest extent possible,
including in electronic format on the Internet;
``(3) develop standards, protocols and procedures for
sharing Federal data with State and local government programs
and the private sector or academia; and
``(4) develop metadata standards for coral reef ecosystems
in accordance with Federal Geographic Data Committee
guidelines.
``(d) Emergency Response, Stabilization, and Restoration.--
The Secretary shall establish an account (to be called the
Emergency Response, Stabilization, and Restoration Account)
in the Damage Assessment Restoration Revolving Fund
established by the Department of Commerce Appropriations Act,
1991 (33 U.S.C. 2706 note), for implementation of this
subsection for emergency actions. Amounts appropriated for
the Account under section 218, and funds authorized by
sections 212(d)(3)(B) and 213(f)(3)(B), shall be deposited
into the Account and made available for use by the Secretary
as specified in sections 212 and 213.''.
SEC. 10. COMMUNITY-BASED PLANNING GRANTS.
The Act (16 U.S.C. 6401 et seq.) is amended by further
redesignating sections 209 through 211, as redesignated, as
sections 210 through 212, respectively, and inserting after
section 208 the following:
``SEC. 209. COMMUNITY-BASED PLANNING GRANTS.
``(a) In General.--The Secretary may make grants to
entities who have received grants under section 204 to
provide additional funds to such entities to work with local
communities and through appropriate Federal and State
entities to prepare and implement plans for the increased
protection of coral reef areas identified by the community
and scientific experts as high priorities for focused
attention. The plans shall--
``(1) support attainment of 1 or more of the criteria
described in section 204(g);
``(2) be developed at the community level;
``(3) utilize watershed-based approaches;
``(4) provide for coordination with Federal and State
experts and managers; and
``(5) build upon local approaches or models, including
traditional or island-based resource management concepts.
``(b) Terms and Conditions.--The provisions of subsections
(b), (d), (f), and (h) of section 204 apply to grants under
subsection (a), except that, for the purpose of applying
section 204(b)(1) to grants under this section, `75 percent'
shall be substituted for `50 percent'.''.
SEC. 11. VESSEL GROUNDING INVENTORY.
The Act (16 U.S.C. 6401 et seq.) is further amended by
redesignating sections 210 through 212, as redesignated, as
sections 211 through 213, and inserting after section 209, as
added by section 10, the following:
``SEC. 210. VESSEL GROUNDING INVENTORY.
``(a) In General.--The Secretary may maintain an inventory
of all vessel grounding incidents involving coral reefs,
including a description of--
``(1) the impacts to affected coral reef ecosystems;
``(2) vessel and ownership information, if available;
``(3) the estimated cost of removal, mitigation, or
restoration;
``(4) the response action taken by the owner, the
Secretary, the Commandant of the Coast Guard, or other
Federal or State agency representatives;
``(5) the status of the response action, including the
dates of vessel removal and mitigation or restoration and any
actions taken to prevent future grounding incidents; and
``(6) recommendations for additional navigational aids or
other mechanisms for preventing future grounding incidents.
``(b) Identification of At-Risk Reefs.--The Secretary may--
``(1) use information from any inventory maintained under
subsection (a) or any other available information source to
identify coral reef ecosystems that have a high incidence of
vessel impacts, including groundings and anchor damage;
``(2) identify appropriate measures, including the
acquisition and placement of aids to navigation, moorings,
fixed anchors and other devices, to reduce the likelihood of
such impacts; and
``(3) develop a strategy and timetable to implement such
measures, including cooperative actions with other government
agencies and non-governmental partners.''.
SEC. 12. PROHIBITED ACTIVITIES.
The Act (16 U.S.C. 6401 et seq.) is amended by further
redesignating sections 211 through 213, as redesignated, as
sections 217 through 220, and inserting after section 210 the
following:
``SEC. 211. PROHIBITED ACTIVITIES AND SCOPE OF PROHIBITIONS.
``(a) Provisions as Complementary.--The provisions of this
section are in addition to, and shall not affect the
operation of, other Federal, State, or local laws or
regulations providing protection to coral reef ecosystems.
``(b) Destruction, Loss, Taking, or Injury.--
``(1) In general.--Except as provided in paragraph (2), it
is unlawful for any person to destroy, take, cause the loss
of, or injure any coral reef or any component thereof.
``(2) Exceptions.--The destruction, loss, taking, or injury
of a coral reef or any component thereof is not unlawful if
it--
``(A) was caused by the use of fishing gear used in a
manner permitted under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) or
other Federal or State law;
``(B) was caused by an activity that is authorized by
Federal or State law (including lawful discharges from
vessels of graywater, cooling water, engine exhaust, ballast
water, or sewage from marine sanitation devices), unless the
destruction, loss, or injury resulted from actions such as
vessel
[[Page S7373]]
groundings, vessel scrapings, anchor damage, excavation not
authorized by Federal or State permit, or other similar
activities;
``(C) was the necessary result of bona fide marine
scientific research (including marine scientific research
activities approved by Federal, State, or local permits),
other than excessive sampling or collecting, or actions such
as vessel groundings, vessel scrapings, anchor damage,
excavation, or other similar activities;
``(D) was caused by a Federal Government agency--
``(i) during--
``(I) an emergency that posed an unacceptable threat to
human health or safety or to the marine environment;
``(II) an emergency that posed a threat to national
security; or
``(III) an activity necessary for law enforcement or search
and rescue; and
could not reasonably be avoided; or
``(E) was caused by an action taken to ensure the safety of
the vessel or the lives of passengers or crew.
``(c) Interference with Enforcement.--It is unlawful for
any person to interfere with the enforcement of this title
by--
``(1) refusing to permit any officer authorized to enforce
this title to board a vessel (other than a vessel operated by
the Department of Defense or United States Coast Guard)
subject to such person's control for the purposes of
conducting any search or inspection in connection with the
enforcement of this title;
``(2) resisting, opposing, impeding, intimidating,
harassing, bribing, interfering with, or forcibly assaulting
any person authorized by the Secretary to implement this
title or any such authorized officer in the conduct of any
search or inspection performed under this title; or
``(3) submitting false information to the Secretary or any
officer authorized to enforce this title in connection with
any search or inspection conducted under this title.
``(d) Violations of Title, Permit, or Regulation.--It is
unlawful for any person to violate any provision of this
title, any permit issued pursuant to this title, or any
regulation promulgated pursuant to this title.
``(e) Possession and Distribution.--It is unlawful for any
person to possess, sell, deliver, carry, transport, or ship
by any means any coral taken in violation of this title.''.
SEC. 13. DESTRUCTION OF CORAL REEFS.
The Act (16 U.S.C. 6401 et seq.) is further amended by
inserting after section 211, as added by section 12, the
following:
``SEC. 212. DESTRUCTION, LOSS, OR TAKING OF, OR INJURY TO,
CORAL REEFS.
``(a) Liability.--
``(1) Liability to the united states.--Except as provided
in subsection (f), all persons who engage in an activity that
is prohibited under subsections (a) or (c) of section 211, or
create an imminent risk thereof, are liable, jointly and
severally, to the United States for an amount equal to the
sum of--
``(A) response costs and damages resulting from the
destruction, loss, taking, or injury, or imminent risk
thereof, including damages resulting from the response
actions;
``(B) costs of seizure, forfeiture, storage, and disposal
arising from liability under this section; and
``(C) interest on that amount calculated in the manner
described in section 1005 of the Oil Pollution Act of 1990
(33 U.S.C. 2705).
``(2) Liability in rem.--
``(A) Any vessel used in an activity that is prohibited
under subsection (a) or (c) of section 211, or creates an
imminent risk thereof, shall be liable in rem to the United
States for an amount equal to the sum of--
``(i) response costs and damages resulting from such
destruction, loss, or injury, or imminent risk thereof,
including damages resulting from the response actions;
``(ii) costs of seizure, forfeiture, storage, and disposal
arising from liability under this section; and
``(iii) interest on that amount calculated in the manner
described in section 1005 of the Oil Pollution Act of 1990
(33 U.S.C. 2705).
``(B) The amount of liability shall constitute a maritime
lien on the vessel and may be recovered in an action in rem
in any district court of the United States that has
jurisdiction over the vessel.
``(3) Defenses.--A person or vessel is not liable under
this subsection if that person or vessel establishes that the
destruction, loss, taking, or injury was caused solely by an
act of God, an act of war, or an act or omission of a third
party (other than an employee or agent of the defendant or
one whose act or omission occurs in connection with a
contractual relationship, existing directly or indirectly
with the defendant), and the person or master of the vessel
acted with due care.
``(4) No Limit to liability.--Nothing in sections 30501
through 30512 or section 30706 of title 46, United States
Code, shall limit liability to any person under this title.
``(b) Response Actions and Damage Assessment.--
``(1) Response actions.--The Secretary may undertake or
authorize all necessary actions to prevent or minimize the
destruction, loss, or taking of, or injury to, coral reefs,
or components thereof, or to minimize the risk or imminent
risk of such destruction, loss, or injury.
``(2) Damage assessment.--
``(A) The Secretary shall assess damages (as defined in
section 220(8)) to coral reefs and shall consult with State
officials regarding response and damage assessment actions
undertaken for coral reefs within State waters.
``(B) There shall be no double recovery under this chapter
for coral reef damages, including the cost of damage
assessment, for the same incident.
``(c) Commencement of Civil Action for Response Costs and
Damages.--
``(1) Commencement.--The Attorney General, upon the request
of the Secretary, may commence a civil action against any
person or vessel that may be liable under subsection (a) of
this section for response costs, seizure, forfeiture,
storage, or disposal costs, and damages, and interest on that
amount calculated in the manner described in section 1005 of
the Oil Pollution Act of 1990 (33 U.S.C. 2705). The
Secretary, acting as trustee for coral reefs for the United
States, shall submit a request for such an action to the
Attorney General whenever a person may be liable for such
costs or damages.
``(2) Venue in civil actions.--A civil action under this
title may be brought in the United States district court for
any district in which--
``(A) the defendant is located, resides, or is doing
business, in the case of an action against a person;
``(B) the vessel is located, in the case of an action
against a vessel;
``(C) the destruction, loss, or taking of, or injury to a
coral reef, or component thereof, occurred or in which there
is an imminent risk of such destruction, loss, or injury; or
``(D) where some or all of the coral reef or component
thereof that is the subject of the action is not within the
territory covered by any United States district court, such
action may be brought either in the United States district
court for the district closest to the location where the
destruction, loss, injury, or risk of injury occurred, or in
the United States District Court for the District of
Columbia.
``(d) Use of Recovered Amounts.--Any costs, including
response costs and damages recovered by the Secretary under
this section shall--
``(1) be deposited into an account or accounts in the
Damage Assessment Restoration Revolving Fund established by
the Department of Commerce Appropriations Act, 1991 (33
U.S.C. 2706 note), or the Natural Resource Damage Assessment
and Restoration Fund established by the Department of the
Interior and Related Agencies Appropriations Act, 1992 (43
U.S.C. 1474b), as appropriate given the location of the
violation;
``(2) be available for use by the Secretary without further
appropriation and remain available until expended; and
``(3) be for use, as the Secretary considers appropriate--
``(A) to reimburse the Secretary or any other Federal or
State agency that conducted activities under subsection (a)
or (b) of this section for costs incurred in conducting the
activity;
``(B) to be transferred to the Emergency Response,
Stabilization and Restoration Account established under
section 208(d) to reimburse that account for amounts used for
authorized emergency actions; and
``(C) after reimbursement of such costs, to restore,
replace, or acquire the equivalent of any coral reefs, or
components thereof, including the reasonable costs of
monitoring, or to minimize or prevent threats of equivalent
injury to, or destruction of coral reefs, or components
thereof.
``(e) Statute of Limitations.--An action for response costs
or damages under subsection (c) shall be barred unless the
complaint is filed within 3 years after the date on which the
Secretary completes a damage assessment and restoration plan
for the coral reefs, or components thereof, to which the
action relates. If the Secretary fails to complete such
damage assessment and restoration plan within one year after
discovery of the damage, then for the purposes of this
subsection such assessment and plan shall be deemed to have
been completed by the Secretary on the 366th day following
discovery of the damage.
``(f) Federal Government Activities.--In the event of
threatened or actual destruction of, loss of, or injury to a
coral reef or component thereof resulting from an incident
caused by a component of any Department or agency of the
United States Government, the cognizant Department or agency
shall satisfy its obligations under this section by promptly,
in coordination with the Secretary, taking appropriate
actions to respond to and mitigate the harm and restoring or
replacing the coral reef or components thereof and
reimbursing the Secretary for all assessment costs.''.
SEC. 14. ENFORCEMENT.
The Act (16 U.S.C. 6401 et seq.) is further amended by
inserting after section 212, as added by section 13, the
following:
``SEC. 213. ENFORCEMENT.
``(a) In General.--The Secretary shall conduct enforcement
activities to carry out this title.
``(b) Powers of Authorized Officers.--Any person who is
authorized to enforce this title may--
``(1) board, search, inspect, and seize any vessel or other
conveyance suspected of being used to violate this title, any
regulation promulgated under this title, or any permit issued
under this title, and any equipment, stores, and cargo of
such vessel;
``(2) seize wherever found any component of coral reef
taken or retained in violation of this title, any regulation
promulgated under this title, or any permit issued under this
title;
[[Page S7374]]
``(3) seize any evidence of a violation of this title, any
regulation promulgated under this title, or any permit issued
under this title;
``(4) execute any warrant or other process issued by any
court of competent jurisdiction;
``(5) exercise any other lawful authority; and
``(6) arrest any person, if there is reasonable cause to
believe that such person has committed an act prohibited by
section 211.
``(c) Civil Enforcement and Permit Sanctions.--
``(1) Civil administrative penalty.--Any person subject to
the jurisdiction of the United States who violates this title
or any regulation promulgated or permit issued hereunder,
shall be liable to the United States for a civil
administrative penalty of not more than $200,000 for each
such violation, to be assessed by the Secretary. Each day of
a continuing violation shall constitute a separate violation.
In determining the amount of civil administrative penalty,
the Secretary shall take into account the nature,
circumstances, extent, and gravity of the prohibited acts
committed and, with respect to the violator, the degree of
culpability, and any history of prior violations, and such
other matters as justice may require. In assessing such
penalty, the Secretary may also consider information related
to the ability of the violator to pay.
``(2) Permit sanctions.--For any person subject to the
jurisdiction of the United States who has been issued or has
applied for a permit under this title, and who violates this
title or any regulation or permit issued under this title,
the Secretary may deny, suspend, amend, or revoke in whole or
in part any such permit. For any person who has failed to pay
or defaulted on a payment agreement of any civil penalty or
criminal fine or liability assessed pursuant to any natural
resource law administered by the Secretary, the Secretary may
deny, suspend, amend or revoke in whole or in part any permit
issued or applied for under this title.
``(3) Imposition of civil judicial penalties.--Any person
who violates any provision of this title, any regulation
promulgated or permit issued thereunder, shall be subject to
a civil judicial penalty not to exceed $250,000 for each such
violation. Each day of a continuing violation shall
constitute a separate violation. The Attorney General, upon
the request of the Secretary, may commence a civil action in
an appropriate district court of the United States, and such
court shall have jurisdiction to award civil penalties and
such other relief as justice may require. In determining the
amount of a civil penalty, the court shall take into account
the nature, circumstances, extent, and gravity of the
prohibited acts committed and, with respect to the violator,
the degree of culpability, any history of prior violations,
and such other matters as justice may require. In imposing
such penalty, the district court may also consider
information related to the ability of the violator to pay.
``(4) Notice.--No penalty or permit sanction shall be
assessed under this subsection until after the person charged
has been given notice and an opportunity for a hearing.
``(5) In rem jurisdiction.--A vessel used in violating this
title, any regulation promulgated under this title, or any
permit issued under this title, shall be liable in rem for
any civil penalty assessed for such violation. Such penalty
shall constitute a maritime lien on the vessel and may be
recovered in an action in rem in the district court of the
United States having jurisdiction over the vessel.
``(6) Collection of penalties.--If any person fails to pay
an assessment of a civil penalty under this section after it
has become a final and unappealable order, or after the
appropriate court has entered final judgment in favor of the
Secretary, the Secretary shall refer the matter to the
Attorney General, who shall recover the amount assessed in
any appropriate district court of the United States (plus
interest at current prevailing rates from the date of the
final order). In such action, the validity and
appropriateness of the final order imposing the civil penalty
shall not be subject to review. Any person who fails to pay,
on a timely basis, the amount of an assessment of a civil
penalty shall be required to pay, in addition to such amount
and interest, attorney's fees and costs for collection
proceedings and a quarterly nonpayment penalty for each
quarter during which such failure to pay persists. Such
nonpayment penalty shall be in an amount equal to 20 percent
of the aggregate amount of such person's penalties and
nonpayment penalties that are unpaid as of the beginning of
such quarter.
``(7) Compromise or other action by Secretary.--The
Secretary may compromise, modify, or remit, with or without
conditions, any civil administrative penalty or permit
sanction which is or may be imposed under this section and
that has not been referred to the Attorney General for
further enforcement action.
``(8) Jurisidiction.--The several district courts of the
United States shall have jurisdiction over any actions
brought by the United States arising under this section. For
the purpose of this section, American Samoa shall be included
within the judicial district of the District Court of the
United States for the District of Hawaii. Each violation
shall be a separate offense and the offense shall be deemed
to have been committed not only in the district where the
violation first occurred, but also in any other district as
authorized by law.
``(d) Forfeiture.--
``(1) Criminal forfeiture.--A person who is convicted of an
offense in violation of this title shall forfeit to the
United States--
``(A) any property, real or personal, constituting or
traceable to the gross proceeds taken, obtained, or retained,
in connection with or as a result of the offense, including,
without limitation, any coral reef or coral reef component
(or the fair market value thereof); and
``(B) any property, real or personal, used or intended to
be used, in any manner, to commit or facilitate the
commission of the offense, including, without limitation, any
vessel (including the vessel's equipment, stores, catch and
cargo), vehicle, aircraft, or other means of transportation.
Pursuant to section 2461(c) of title 28, United States Code,
the provisions of section 413 of the Controlled Substances
Act (21 U.S.C. 853) other than subsection (d) thereof shall
apply to criminal forfeitures under this section.
``(2) Civil forfeiture.--The property set forth below shall
be forfeited to the United States in accordance with the
provisions of chapter 46 of title 18, United States Code, and
no property right shall exist in it:
``(A) Any property, real or personal, constituting or
traceable to the gross proceeds taken, obtained, or retained,
in connection with or as a result of a violation of this
title, including, without limitation, any coral reef or coral
reef component (or the fair market value thereof).
``(B) Any property, real or personal, used or intended to
be used, in any manner, to commit or facilitate the
commission of a violation of this title, including, without
limitation, any vessel (including the vessel's equipment,
stores, catch and cargo), vehicle, aircraft, or other means
of transportation.
``(3) Application of the customs laws.--All provisions of
law relating to seizure, summary judgment, and judicial
forfeiture and condemnation for violation of the customs
laws, the disposition of the property forfeited or condemned
or the proceeds from the sale thereof, the remission or
mitigation of such forfeitures, and the compromise of claims
shall apply to seizures and forfeitures incurred, or alleged
to have been incurred, under the provisions of this title,
insofar as applicable and not inconsistent with the
provisions hereof. For seizures and forfeitures of property
under this section by the Secretary, such duties as are
imposed upon the customs officer or any other person with
respect to the seizure and forfeiture of property under the
customs law may be performed by such officers as are
designated by the Secretary or, upon request of the
Secretary, by any other agency that has authority to manage
and dispose of seized property.
``(4) Presumption.--For the purposes of this section there
is a rebuttable presumption that all coral reefs, or
components thereof, found on board a vessel that is used or
seized in connection with a violation of this title or of any
regulation promulgated under this title were taken, obtained,
or retained in violation of this title or of a regulation
promulgated under this title.
``(e) Payment of Storage, Care, and Other Costs.--Any
person assessed a civil penalty for a violation of this title
or of any regulation promulgated under this title and any
claimant in a forfeiture action brought for such a violation,
shall be liable for the reasonable costs incurred by the
Secretary in storage, care, and maintenance of any property
seized in connection with the violation.
``(f) Expenditures.--
``(1) Notwithstanding section 3302 of title 31, United
States Code, or section 311 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861), amounts
received by the United States as civil penalties under
subsection (c) of this section, forfeitures of property under
subsection (d) of this section, and costs imposed under
subsection (e) of this section, shall--
``(A) be placed into an account;
``(B) be available for use by the Secretary without further
appropriation; and
``(C) remain available until expended.
``(2) Amounts received under this section for forfeitures
under subsection (d) and costs imposed under subsection (e)
shall be used to pay the reasonable and necessary costs
incurred by the Secretary to provide temporary storage, care,
maintenance, and disposal of any property seized in
connection with a violation of this title or any regulation
promulgated under this title.
``(3) Amounts received under this section as civil
penalties under subsection (c) of this section and any
amounts remaining after the operation of paragraph (2) of
this subsection shall--
``(A) be used to stabilize, restore, or otherwise manage
the coral reef with respect to which the violation occurred
that resulted in the penalty or forfeiture;
``(B) be transferred to the Emergency Response,
Stabilization, and Restoration Account established under
section 208(d) or an account described in section 212(d)(1)
of this title, to reimburse such account for amounts used for
authorized emergency actions;
``(C) be used to conduct monitoring and enforcement
activities;
``(D) be used to conduct research on techniques to
stabilize and restore coral reefs;
``(E) be used to conduct activities that prevent or reduce
the likelihood of future damage to coral reefs;
[[Page S7375]]
``(F) be used to stabilize, restore or otherwise manage any
other coral reef; or
``(G) be used to pay a reward to any person who furnishes
information leading to an assessment of a civil penalty, or
to a forfeiture of property, for a violation of this title or
any regulation promulgated under this title.
``(g) Criminal Enforcement.--
``(1) Any person (other than a foreign government or any
entity of such government) who knowingly commits any act
prohibited by section 211(b) of this title shall be
imprisoned for not more than 5 years and shall be fined not
more than $500,000 for individuals or $1,000,000 for an
organization; except that if in the commission of any such
offense the individual uses a dangerous weapon, engages in
conduct that causes bodily injury to any officer authorized
to enforce the provisions of this title, or places any such
officer in fear of imminent bodily injury, the maximum term
of imprisonment is not more than 10 years.
``(2) Any person (other than a foreign government or any
entity of such government) who knowingly violates subsection
(a) or (c) of section 211 shall be fined under title 18,
United States Code, or imprisoned not more than 5 years or
both.
``(3) The several district courts of the United States
shall have jurisdiction over any actions brought by the
United States arising under this subsection. For the purpose
of this subsection, American Samoa shall be included within
the judicial district of the District Court of the United
States for the District of Hawaii. Each violation shall be a
separate offense and the offense shall be deemed to have been
committed not only in the district where the violation first
occurred, but also in any other district as authorized by
law. Any offenses not committed in any district are subject
to the venue provisions of section 3238 of title 18, United
States Code.
``(h) Subpenas.--In the case of any investigation or
hearing under this section or any other natural resource
statute administered by the National Oceanic and Atmospheric
Administration which is determined on the record in
accordance with the procedures provided for under section 554
of title 5, United States Code, the Secretary may issue
subpenas for the attendance and testimony of witnesses and
the production of relevant papers, books, electronic files,
and documents, and may administer oaths.
``(i) Coast Guard Authority Not Limited.--Nothing in this
section shall be considered to limit the authority of the
Coast Guard to enforce this or any other Federal law under
section 89 of title 14, United States Code.
``(j) Injunctive Relief.--
``(1) If the Secretary determines that there is an imminent
risk of destruction or loss of or injury to a coral reef, or
that there has been actual destruction or loss of, or injury
to, a coral reef which may give rise to liability under
section 212 of this title, the Attorney General, upon request
of the Secretary, shall seek to obtain such relief as may be
necessary to abate such risk or actual destruction, loss, or
injury, or to restore or replace the coral reef, or both. The
district courts of the Unites States shall have jurisdiction
in such a case to order such relief as the public interest
and the equities of the case may require.
``(2) Upon the request of the Secretary, the Attorney
General may seek to enjoin any person who is alleged to be in
violation of any provision of this title, or any regulation
or permit issued under this title, and the district courts
shall have jurisdiction to grant such relief.
``(k) Area of Application and Enforceability.--The area of
application and enforceability of this title includes the
internal waters of the United States, the territorial sea of
the United States, as described in Presidential Proclamation
5928 of December 27, 1988, the Exclusive Economic Zone of the
United States as described in Presidential Proclamation 5030
of March 10, 1983, and the continental shelf, consistent with
international law.
``(l) Nationwide Service of Process.--In any action by the
United States under this title, process may be served in any
district where the defendant is found, resides, transacts
business, or has appointed an agent for the service of
process, and for civil cases may also be served in a place
not within the United States in accordance with rule 4 of the
Federal Rules of Civil Procedure.
``(m) Venue in civil actions.--A civil action under this
title may be brought in the United States district court for
any district in which--
``(1) the defendant is located, resides, or is doing
business, in the case of an action against a person;
``(2) the vessel is located, in the case of an action
against a vessel;
``(3) the destruction of, loss of, or injury to a coral
reef, or component thereof, occurred or in which there is an
imminent risk of such destruction, loss, or injury; or
``(4) where some or all of the coral reef or component
thereof that is the subject of the action is not within the
territory covered by any United States district court, such
action may be brought either in the United States district
court for the district closest to the location where the
destruction, loss, injury, or risk of injury occurred, or in
the United States District Court for the District of
Columbia.''.
SEC. 15. PERMITS.
The Act (16 U.S.C. 6401 et seq.) is further amended by
inserting after section 213, as added by section 14, the
following:
``SEC. 214. PERMITS.
``(a) In General.--The Secretary may allow for the conduct
of--
``(1) bona fide research, and
``(2) activities that would otherwise be prohibited by this
title or regulations issued thereunder,
through issuance of coral reef conservation permits in
accordance with regulations issued under this title.
``(b) Limitation of Non-research Activities.--The Secretary
may not issue a permit for activities other than for bona
fide research unless the Secretary finds--
``(1) the activity proposed to be conducted is compatible
with one or more of the purposes in section 202(b) of this
title;
``(2) the activity conforms to the provisions of all other
laws and regulations applicable to the area for which such
permit is to be issued; and
``(3) there is no practicable alternative to conducting the
activity in a manner that destroys, causes the loss of, or
injures any coral reef or any component thereof.
``(c) Terms and Conditions.--The Secretary may place any
terms and conditions on a permit issued under this section
that the Secretary deems reasonable.
``(d) Fees.--
``(1) Assessment and collection.--Subject to regulations
issued under this title, the Secretary may assess and collect
fees as specified in this subsection.
``(2) Amount.--Any fee assessed shall be equal to the sum
of--
``(A) all costs incurred, or expected to be incurred, by
the Secretary in processing the permit application, including
indirect costs; and
``(B) if the permit is approved, all costs incurred, or
expected to be incurred, by the Secretary as a direct result
of the conduct of the activity for which the permit is
issued, including costs of monitoring the conduct of the
activity and educating the public about the activity and
coral reef resources related to the activity.
``(3) Use of fees.--Amounts collected by the Secretary in
the form of fees under this section shall be collected and
available for use only to the extent provided in advance in
appropriations Acts and may be used by the Secretary for
issuing and administering permits under this section.
``(4) Waiver or reduction of fees.--For any fee assessed
under paragraph (2) of this subsection, the Secretary may--
``(A) accept in-kind contributions in lieu of a fee; or
``(B) waive or reduce the fee.
``(e) Fishing.--Nothing in this section shall be considered
to require a person to obtain a permit under this section for
the conduct of any fishing activities not prohibited by this
title or regulations issued thereunder.''.
SEC. 16. REGIONAL, STATE, AND TERRITORIAL COORDINATION..
The Act (16 U.S.C. 6401 et seq.) is further amended by
inserting after section 214, as added by section 15, the
following:
``SEC. 215. REGIONAL, STATE, AND TERRITORIAL COORDINATION.
``(a) Regional Coordination.--The Secretary shall work in
coordination and collaboration with other Federal agencies,
States, and United States territorial governments to
implement the strategies developed under section 203,
including regional and local strategies, to address multiple
threats to coral reefs and coral reef ecosystems such as
coastal runoff, vessel impacts, and overharvesting.
``(b) Response and Restoration Activities.--The Secretary
shall, when appropriate, enter into a written agreement with
any affected State regarding the manner in which response and
restoration activities will be conducted within the affected
State's waters.
``(c) Cooperative Enforcement Agreements.--All cooperative
enforcement agreements in place between the Secretary and
States affected by this title shall be updated to include
enforcement of this title where appropriate.''.
SEC. 17. REGULATIONS.
The Act (16 U.S.C. 6401 et seq.) is further amended by
inserting after section 215, as added by section 16, the
following:
``SEC. 216. REGULATIONS.
``The Secretary may issue such regulations as are necessary
and appropriate to carry out the purposes of this title. This
title and any regulations promulgated under this title shall
be applied in accordance with international law. No
restrictions shall apply to or be enforced against a person
who is not a citizen, national, or resident alien of the
United States (including foreign flag vessels) unless in
accordance with international law.''.
SEC. 18. EFFECTIVENESS REPORT.
Section 217 (formerly 16 U.S.C. 6407), as redesignated, is
amended to read as follows:
``SEC. 217. EFFECTIVENESS REPORT.
``Not later than March 1, 2009, and every 3 years
thereafter, the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Resources of the House of Representatives a
report describing all activities undertaken to implement the
strategy, including--
``(1) a description of the funds obligated by each
participating Federal agency to advance coral reef
conservation during each of the 3 fiscal years next preceding
the fiscal year in which the report is submitted;
[[Page S7376]]
``(2) a description of Federal interagency and cooperative
efforts with States and United States territories to prevent
or address overharvesting, coastal runoff, or other
anthropogenic impacts on coral reefs, including projects
undertaken with the Department of Interior, Department of
Agriculture, the Environmental Protection Agency, and the
United States Army Corps of Engineers;
``(3) a summary of the information contained in the vessel
grounding inventory established under section 210, including
additional authorization or funding, needed for response and
removal of such vessels;''
``(4) a description of Federal disaster response actions
taken pursuant to the National Response Plan to address
damage to coral reefs and coral reef ecosystems; and
``(5) an assessment of the condition of United States coral
reefs, accomplishments under this Act, and the effectiveness
of management actions to address threats to coral reefs.''.
SEC. 19. AUTHORIZATION OF APPROPRIATIONS.
Section 218 (formerly 16 U.S.C. 6408), as redesignated, is
amended--
(1) by striking ``$16,000,000 for each of fiscal years
2001, 2002, 2003, and 2004,'' in subsection (a) and inserting
``$34,000,000 for fiscal year 2008, $36,000,000 for fiscal
year 2009, $38,000,000 for fiscal year 2010, and $40,000,000
for each of fiscal years 2011 through 2014, of which no less
than 30 percent per year (for each of fiscal years 2008
through 2014) shall be used for the grant program under
section 204 and up to 10 percent per year shall be used for
the Fund established under section 205(a),'';
(2) by striking ``$1,000,000'' in subsection (b) and
inserting ``$2,000,000'';
(3) by striking subsection (c) and inserting the following:
``(c) Community-Based Planning Grants.--There is authorized
to be appropriated to the Secretary to carry out section 209
the sum of $8,000,000 for fiscal years 2007 through 2012,
such sum to remain available until expended.''; and
(4) by striking subsection (d).
SEC. 20. JUDICIAL REVIEW.
The Act (16 U.S.C. 6401 et seq.) is further amended by
inserting after section 218, as amended by section 19, the
following:
``SEC. 219. JUDICIAL REVIEW.
``(a) In General.--Judicial review of any action taken by
the Secretary under this title shall be in accordance with
sections 701 through 706 of title 5, United States Code,
except that--
``(1) review of any final agency action of the Secretary
taken pursuant to sections 211(c)(1) and 211(c)(2) may be had
only by the filing of a complaint by an interested person in
the United States District Court for the appropriate district
within 30 days after the date such final agency action is
taken; and
``(2) review of all other final agency actions of the
Secretary under this title may be had only by the filing of a
petition for review by an interested person in the Circuit
Court of Appeals of the United States for the Federal
judicial district in which such person resides or transacts
business which is directly affected by the action taken
within 120 days after the date such final agency action is
taken.
``(b) No Review in Enforcement Proceedings.--Final agency
action with respect to which review could have been obtained
under subsection (a)(2) shall not be subject to judicial
review in any civil or criminal proceeding for enforcement.
``(c) Cost of Litigation.--In any judicial proceeding under
subsection (a), the court may award costs of litigation
(including reasonable attorney and expert witness fees) to
any prevailing party whenever it determines that such award
is appropriate.''.
SEC. 21. DEFINITIONS.
Section 220 (formerly 16 U.S.C. 6409), as redesignated, is
amended to read as follows:
``SEC. 220. DEFINITIONS.
``In this title:
``(1) Biodiversity.--The term `biodiversity' means the
variability among living organisms from all sources
including, inter alia, terrestrial, marine, and other aquatic
ecosystems and the ecological complexes of which they are
part, including diversity within species, between species,
and of ecosystems.
``(2) Conservation.--The term `conservation' means the use
of methods and procedures necessary to preserve or sustain
corals and associated species and habitat as resilient,
diverse, viable, and self-perpetuating coral reef ecosystems,
including all activities associated with resource management
(such as assessment, conservation, protection, restoration,
sustainable use, and management of habitat, mapping, habitat
monitoring, assistance in the development of management
strategies for marine protected areas and marine resources
consistent with the National Marine Sanctuaries Act (16
U.S.C. 1431 et seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), law
enforcement, conflict resolution initiatives, and community
outreach and education) that promote safe and ecologically
sound navigation.
``(3) Coral.--The term `coral' means species of the phylum
Cnidaria, including--
``(A) all species of the orders Antipatharia (black
corals), Scleractinia (stony corals), Gorgonacea (horny
corals), Stolonifera (organpipe corals and others),
Alcyonacea (soft corals), and Helioporacea (blue coral) of
the class Anthozoa; and
``(B) all species of the families Milleporidea (fire
corals) and Stylasteridae (stylasterid hydrocorals) of the
class Hydrozoa.
``(4) Coral reef.--The term `coral reef' means limestone
structures composed in whole or in part of living corals, as
described in paragraph (3), their skeletal remains, or both,
and including other corals, associated sessile invertebrates
and plants, and any adjacent or associated seagrasses.
``(5) Coral reef component.--The term `coral reef
component' means any part of a coral reef, including
individual living or dead corals, associated sessile
invertebrates and plants, and any adjacent or associated
seagrasses.
``(6) Coral reef ecosystem.--The term `coral reef
ecosystem' means the system of coral reefs and geographically
associated species, habitats, and environment, including
mangroves and seagrass habitats, and the processes that
control its dynamics.
``(7) Coral products.--The term `coral products' means any
living or dead specimens, parts, or derivatives, or any
product containing specimens, parts, or derivatives, of any
species referred to in paragraph (3).
``(8) Damages.--The term `damages' includes--
``(A) compensation for--
``(i) the cost of replacing, restoring, or acquiring the
equivalent of the coral reef, or component thereof; and
``(ii) the lost services of, or the value of the lost use
of, the coral reef or component thereof, or the cost of
activities to minimize or prevent threats of, equivalent
injury to, or destruction of coral reefs or components
thereof, pending restoration or replacement or the
acquisition of an equivalent coral reef or component thereof;
``(B) the reasonable cost of damage assessments under
section 212;
``(C) the reasonable costs incurred by the Secretary in
implementing section 208(d);
``(D) the reasonable cost of monitoring appropriate to the
injured, restored, or replaced resources;
``(E) the reasonable cost of curation, conservation and
loss of contextual information of any coral encrusted
archaeological, historical, and cultural resource;
``(F) the cost of legal actions under section 212,
undertaken by the United States, associated with the
destruction or loss of, or injury to, a coral reef or
component thereof, including the costs of attorney time and
expert witness fees; and
``(G) the indirect costs associated with the costs listed
in subparagraphs (A) through (F) of this paragraph.
``(9) Emergency actions.--The term `emergency actions'
means all necessary actions to prevent or minimize the
additional destruction or loss of, or injury to, coral reefs
or components thereof, or to minimize the risk of such
additional destruction, loss, or injury.
``(10) Exclusive economic zone.--The term `Exclusive
Economic Zone' means the waters of the Exclusive Economic
Zone of the United States under Presidential Proclamation
5030, dated March 10, 1983.
``(11) Person.--The term `person' means any individual,
private or public corporation, partnership, trust,
institution, association, or any other public or private
entity, whether foreign or domestic, private person or
entity, or any officer, employee, agent, Department, agency,
or instrumentality of the Federal Government, of any State or
local unit of government, or of any foreign government.
``(12) Response costs.--The term `response costs' means the
costs of actions taken or authorized by the Secretary to
minimize destruction or loss of, or injury to, a coral reef,
or component thereof, or to minimize the imminent risks of
such destruction, loss, or injury, including costs related to
seizure, forfeiture, storage, or disposal arising from
liability under section 212.
``(13) Secretary.--The term `Secretary' means--
``(A) for purposes of sections 201 through 210, sections
217 through 219, and the other paragraphs of this section,
the Secretary of Commerce, acting through the Administrator
of the National Oceanic and Atmospheric Administration; and
``(B) for purposes of sections 211 through 219--
``(i) the Secretary of the Interior for any coral reef or
component thereof located in (I) the National Wildlife Refuge
System, (II) the National Park System, and (III) the waters
surrounding Wake Island under the jurisdiction of the
Secretary of the Interior, as set forth in Executive Order
11048 (27 Fed. Reg. 8851 (September 4, 1962)); or
``(ii) the Secretary of Commerce for any coral reef or
component thereof located in any area not described in clause
(i).
``(14) Service.--The term `service' means functions,
ecological or otherwise, performed by a coral reef or
component thereof.
``(15) State.--The term `State' means any State of the
United States that contains a coral reef ecosystem within its
seaward boundaries, American Samoa, Guam, the Northern
Mariana Islands, Puerto Rico, and the Virgin Islands, and any
other territory or possession of the United States, or
separate sovereign in free association with the United
States, that contains a coral reef ecosystem within its
seaward boundaries.
``(16) Territorial sea.--The term `Territorial Sea' means
the waters of the Territorial Sea of the United States under
Presidential Proclamation 5928, dated December 27, 1988.''.
[[Page S7377]]
______
By Mr. LAUTENBERG (for himself and Ms. Cantwell):
S. 1581. A bill to establish an interagency committee to develop an
ocean acidification research and monitoring plan and to establish an
ocean acidification program within the National Oceanic and Atmospheric
Administration; to the Committee on Commerce, Science, and
Transportation.
Mr. LAUTENBERG. Mr. President, I rise today to introduce legislation
that would establish a comprehensive Federal research plan and program
to address ocean acidification, which poses a growing threat to the
health of our oceans.
Our oceans help reduce global warming by absorbing carbon dioxide
from the atmosphere. To date, about one-third of all human-generated
carbon emissions have dissolved into the ocean. However, the increase
in carbon dioxide lowers ocean pH, and causes the oceans to become more
acidic. This increase in acidity is corrosive to marine shells and
organisms that form the base of the food chain for many fish and marine
mammals. These changes in ocean chemistry also threaten coral reef
ecosystems, habitats so rich in biodiversity they are called he rain
forests of the sea. Even a mild increase in ocean acidity could make
these organisms more vulnerable to disease, pollution and other
environmental stresses. If the acidic conditions increase
significantly, marine shells could actually begin to dissolve.
Ocean acidification demands our immediate attention. Current
projections of carbon dioxide emissions suggest that the acidity of our
oceans is likely to accelerate significantly in the coming years. NOAA
scientists have said that ocean acidity has increased 30 percent since
the industrial revolution and they estimate by the end of this century
the acidity of the oceans may increase 150 percent. They also project
that current trends could result in a decrease in ocean pH to the
lowest levels in 20 million years.
Ocean acidification threatens our marine ecosystems and could result
in significant social and economic costs. The rich biodiversity of
marine organisms is an important contribution to the national economy
providing food, tourism, and aesthetic benefits, but they are
vulnerable to human activity. Ocean acidification threatens fish and
all calcifying organisms including corals, scallops, clams, crabs,
lobsters, and plankton.
It is important to note the potential economic impacts of ocean
acidification. Coastal and marine commercial fishing generates upwards
of $30 billion per year and employs nearly 70,000 people. Many of these
fisheries also rely upon healthy coral habitats. Increased ocean
acidification reduces the ability of corals and shellfish to produce
their skeletons. Globally, coral reefs are home to more than 4,000
kinds of fish, and generate $30 billion per year in fishing, tourism,
and protection to coasts from storms. Scientists have estimated that,
due to excess carbon dioxide in the oceans, corals may be unable to
form their skeletons by mid-century, and could begin to dissolve by the
end of this century. Destroying these ecosystems will have staggering
environmental, social and economic consequences.
In addition, ocean acidification directly threatens numerous
commercially and recreationally important fish and shellfish species
from coast to coast. Carbon dioxide-rich waters have been shown to
decrease the body weight of Pacific salmon and increase the mortality
rate of Alaskan blue king crab. Over 50 percent of our commercial catch
in the United States is shellfish. In New Jersey, sea scallops and
clams are some of the State's most valuable fisheries, valued at $121
million. These and other important shellfish species are threatened by
growing acidification.
Research on the processes and consequences of ocean acidification is
still in its infancy. The urgency of developing interagency
collaboration to address this far-reaching environmental problem is
widely recognized in the scientific community. In January, the
Administration Ocean Research Priorities Plan, ORPP, identified ocean
acidification as a research priority. Consistent with the ORPP, my
legislation will establish a comprehensive research and monitoring
program within the National Oceanic and Atmospheric Administration,
NOAA. This is critical for ocean management in the long-term because
many questions on the effect of increasing atmospheric carbon dioxide
on ocean chemistry and marine life remain unanswered.
My legislation also establishes an interagency committee to develop a
comprehensive ocean acidification research and monitoring plan designed
to improve the understanding of the environmental and economic impacts
of increased ocean acidification. The plan will identify priority
research areas and strengthen relevant programs within our federal
agencies. The plan will also address commercially and recreationally
important species, as well as vulnerable ecosystems including coral
reefs and coastal and polar oceans threatened by acidification.
The rise of carbon dioxide in our atmosphere has been measured
continuously since 1958. Known as the ``Keeling Curve'', these
measurements are a cornerstone of our understanding of man-made
increases in carbon dioxide causing global warming and ocean
acidification. It is vital that we establish a program for long-term
global measurements of ocean pH to understand the processes and
consequences of ocean acidification. A key component in our bill
directs federal agencies to establish a long-term monitoring program of
pH levels in the ocean utilizing existing global ocean observing
assets.
Congress has been hearing from our Nation experts on ocean
acidification since 2004. Now is the time for national investment in a
coordinated program of research and monitoring to improve understanding
of ocean acidification, and strengthen the ability of marine resource
managers to assess and prepare for the harmful impacts of ocean
acidification on our marine resources.
I would like to thank Senator Cantwell for her cosponsorship and
support on this important issue. I look forward to working with my
colleagues in the Senate to ensure passage of this legislation so that
we can fill this vital research need and protect our valuable marine
resources.
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. 1581
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal
Ocean Acidification Research And Monitoring Act of 2007'' or
the ``FOARAM Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Interagency committee on ocean acidification.
Sec. 4. Strategic research and implementation plan.
Sec. 5. NOAA ocean acidification program.
Sec. 6. Definitions.
Sec. 7. Authorization of appropriations.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The oceans help mitigate the effects of global warming
by absorbing atmospheric carbon dioxide. About a third of
anthropogenic carbon dioxide is currently absorbed by the
ocean.
(2) The rapid increase in atmospheric carbon dioxide is
overwhelming the natural ability of the oceans to cope with
human-induced carbon dioxide emissions.
(3) The emission of carbon dioxide into the atmosphere is
causing the oceans to become more acidic. The increase in
acidity and changes in ocean chemistry are corrosive to
marine shells and organisms that form the base of the food
chain for many fish and marine mammals including the
skeletons of corals which provide one of the richest habitats
on earth.
(4) The rich biodiversity of marine organisms is an
important contribution to the national economy and the change
in ocean chemistry threatens our fisheries and marine
environmental quality, and could result in significant social
and economic costs.
(5) Existing Federal programs support research in related
ocean chemistry, but gaps in funding, coordination, and
outreach have impeded national progress in addressing ocean
acidification.
(6) National investment in a coordinated program of
research and monitoring would improve the understanding of
ocean acidification effects on whole ecosystems, advance our
knowledge of the socio-economic impacts of increased ocean
acidification, and strengthen the ability of marine resource
managers to assess and prepare for the harmful impacts of
ocean acidification on our marine resources.
[[Page S7378]]
(b) Purposes.--The purposes of this Act are to provide
for--
(1) development and coordination of a comprehensive
interagency plan to monitor and conduct research on the
processes and consequences of ocean acidification on marine
organisms and ecosystems and to establish an ocean
acidification program within the National Oceanic and
Atmospheric Administration; and
(2) assessment and consideration of regional and national
ecosystem and socio-economic impacts of increased ocean
acidification, and integration into marine resource
decisions.
SEC. 3. INTERAGENCY COMMITTEE ON OCEAN ACIDIFICATION.
(a) Establishment.--
(1) In general.--There is hereby established an Interagency
Committee on Ocean Acidification.
(2) Membership.--The Committee shall be comprised of senior
representatives from the National Oceanic and Atmospheric
Administration, the National Science Foundation, the National
Aeronautics and Space Administration, the United States
Geological Survey, the United States Fish and Wildlife
Service, the Environmental Protection Agency, the Department
of Energy, and such other Federal agencies as the Secretary
considers appropriate.
(3) Chairman.--The Committee shall be chaired by the
representative from the National Oceanic and Atmospheric
Administration. The chairman may create subcommittees chaired
by any member agency of the committee. Working groups may be
formed by the full Committee to address issues that may
require more specialized expertise than is provided by
existing subcommittees.
(b) Purpose.--The Committee shall oversee the planning,
establishment, and coordination of a plan designed to improve
the understanding of the role of increased ocean
acidification on marine ecosystems.
(c) Reports to Congress.--
(1) Strategic research and implementation plan.--The
Committee shall submit the strategic research and
implementation plan established under section 4 to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Natural Resources.
(2) Triennial report.--Not later than 2 years after the
date of the enactment of this Act and every 3 years
thereafter, the Committee shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Natural Resources
that includes--
(A) a summary of federally funded ocean acidification
research and monitoring activities, including the budget for
each of these activities; and
(B) an analysis of the progress made toward achieving the
goals and priorities for the interagency research plan
developed by the Committee under section 4 and
recommendations for future activities.
SEC. 4. STRATEGIC RESEARCH AND IMPLEMENTATION PLAN.
(a) In General.--Within 1 year after the date of enactment
of this Act, the Committee shall develop a strategic research
and implementation plan for coordinated Federal activities.
In developing the plan, the Committee shall consider and use
reports and studies conducted by Federal agencies and
departments, the National Research Council, the Ocean
Research and Resources Advisory Panel, the Joint Subcommittee
on Ocean, Science, and Technology of the National Science and
Technology Council, the Joint Ocean Commission Initiative,
and other expert scientific bodies.
(b) Scope.--The plan shall--
(1) provide for interdisciplinary research among the ocean
sciences, and coordinated research and activities to improve
understanding of ocean acidification that will affect marine
ecosystems and to assess the potential and realized socio-
economic impact of ocean acidification, including--
(A) effects of atmospheric carbon dioxide on ocean
chemistry;
(B) biological impacts of ocean acidification, including
research on--
(i) commercially and recreationally important species and
ecologically important calcifiers that lie at the base of the
food chain; and
(ii) physiological changes in response to ocean
acidification;
(C) identification and assessment of ecosystems most at
risk from projected changes in ocean chemistry including--
(i) coral reef ecosystems;
(ii) polar ecosystems; and
(iii) coastal ocean ecosystems;
(D) modeling the effects of pH including ecosystem
forecasting;
(E) identifying feedback mechanisms resulting from the
ocean chemistry changes and the subsequent decrease in
calcification rates in organisms;
(F) socio-economic impacts of ocean acidification,
including commercially and recreationally important
fisheries;
(2) establish, for the 10-year period beginning in the year
it is submitted, goals, priorities, and guidelines for
coordinated activities that will--
(A) most effectively advance scientific understanding of
the characteristics and impacts of ocean acidification;
(B) provide forecasts of changes in ocean acidification and
the consequent impacts on marine ecosystems; and
(C) provide a basis for policy decisions to reduce and
manage ocean acidification and its environmental impacts;
(3) provide an estimate of Federal funding requirements for
research and monitoring activities; and
(4) identify and strengthen relevant programs and
activities of the Federal agencies and departments that would
contribute to accomplishing the goals of the plan and prevent
unnecessary duplication of efforts, including making
recommendations for the use of observing systems and
technological research and development.
SEC. 5. NOAA OCEAN ACIDIFICATION PROGRAM.
(a) In General.--The Secretary shall establish and maintain
an ocean acidification program within the National Oceanic
and Atmospheric Administration to implement activities
consistent with the strategic research and implementation
plan developed by the Committee under section 4 that--
(1) includes--
(A) interdisciplinary research among the ocean sciences,
and coordinated research and activities to improve
understanding of ocean acidification;
(B) the establishment of a long-term monitoring program of
pH levels in the ocean utilizing existing global ocean
observing assets and adding instrumentation and sampling
stations as appropriate to the aims of the research program;
(C) educational opportunities that encourage an
interdisciplinary and international approach to exploring the
impacts of ocean acidification;
(D) national public outreach activities to improve the
understanding of ocean acidification and its impacts on
marine resources; and
(E) coordination of ocean acidification monitoring and
impacts research with other appropriate international ocean
science bodies such as the International Oceanographic
Commission, the International Council for the Exploration of
the Sea, the North Pacific Marine Science Organization, and
others;
(2) provides grants for critical research projects that
explore the effects of ocean acidification on ecosystems and
the socio-economic impacts of increased ocean acidification
that are relevant to the goals and priorities of the
strategic research plan; and
(3) incorporates a competitive merit-based grant process
that may be conducted jointly with other participating
agencies or under the National Oceanographic Partnership
Program under section 7901 of title 10, United States Code.
(b) Additional Authority.--In conducting the Program, the
Secretary may enter into and perform such contracts, leases,
grants, or cooperative agreements as may be necessary to
carry out the purposes of this Act on such terms as the
Secretary deems appropriate.
SEC. 6. DEFINITIONS.
In this Act:
(1) Committee.--The term ``Committee'' means the
Interagency Committee on Ocean Acidification established by
section 3(a).
(2) Ocean acidification.--The term ``ocean acidification''
means the decrease in the pH of the Earth's oceans caused by
the uptake of anthropogenic carbon dioxide from the
atmosphere.
(3) Program.--The term ``Program'' means the National
Oceanic and Atmospheric Administration Ocean Acidification
Program established under section 5.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the National Oceanic and Atmospheric Administration
$30,000,000 to carry out the purposes of this Act for each of
fiscal years 2008 through 2012, and such sums as may be
necessary for fiscal years after fiscal year 2012.
(b) Allocation.--
(1) Of the amounts made available to carry out this Act for
a fiscal year, the Secretary shall allocate at least 60
percent to other departments and agencies to carry out the
priorities of the plan developed by the Committee.
(2) Of the amounts made available to carry out this Act for
any fiscal year, the Secretary, and other departments and
agencies to which amounts are allocated under paragraph (1),
shall allocate at least 50 percent for competitive grants.
______
By Mr. INOUYE (for himself, Mr. Stevens, Ms. Cantwell, and Ms.
Snowe):
S. 1582. A bill to reauthorize and amend the Hydrographic Services
Improvement Act, and for other purposes; to the Committee on Commerce,
Science, and Transportation.
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. 1582
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 ``Hydrographic Services
Improvement Act Amendments of 2007''.
[[Page S7379]]
SEC. 2. FINDINGS AND PURPOSES.
The Hydrographic Services Improvement Act of 1998 (33
U.S.C. 892 et seq.) is amended--
(1) by redesignating sections 302 through 306 as sections
303 through 307, respectively; and
(2) by inserting after section 301 the following:
``SEC. 302. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds the following:
``(1) In 2007, the Nation celebrates the 200th anniversary
of its oldest scientific agency, the Survey of the Coast,
which was authorized by Congress and created by President
Thomas Jefferson in 1807 to conduct surveys of the coast and
provide nautical charts for safe passage through the Nation's
ports and along its extensive coastline.
``(2) These mission requirements and capabilities, which
today are located in the National Oceanic and Atmospheric
Administration, evolved over time to include--
``(A) research, development, operations, products, and
services associated with hydrographic, geodetic, shoreline,
and baseline surveying;
``(B) cartography, mapping, and charting;
``(C) tides, currents, and water level observations;
``(D) maintenance of a national spatial reference system;
and
``(E) associated products and services.
``(3) There is a need to maintain Federal expertise and
capability in hydrographic data and services to support a
safe and efficient marine transportation system for the
enhancement and promotion of international trade and
interstate commerce vital to the Nation's economic prosperity
and for myriad other commercial and recreational activities.
``(4) The Nation's marine transportation system is becoming
increasingly congested, the volume of international maritime
commerce is expected to double within the next 20 years, and
nearly half of the cargo transiting United States waters is
oil, refined petroleum products, or other hazardous
substances.
``(5) In addition to commerce, hydrographic data and
services support other national needs for the Great Lakes and
coastal waters, the territorial sea, the Exclusive Economic
Zone, and the continental shelf of the United States,
including--
``(A) emergency response;
``(B) homeland security;
``(C) marine resource conservation;
``(D) coastal resiliency to sea-level rise, coastal
inundation, and other hazards;
``(E) ocean and coastal science advancement; and
``(F) improved and integrated ocean and coastal mapping and
observations for an integrated ocean observing system.
``(6) The National Oceanic and Atmospheric Administration,
in cooperation with other agencies and the States, serves as
the Nation's leading civil authority for establishing and
maintaining national standards and datums for hydrographic
data and services.
``(7) The Director of the National Oceanic and Atmospheric
Administration's Office of Coast Survey serves as the
National Hydrographer and the primary United States
representative to the international hydrographic community,
including the International Hydrographic Organization.
``(8) The hydrographic expertise, data, and services of the
National Oceanic and Atmospheric Administration provide the
underlying and authoritative basis for baseline and boundary
demarcation, including the establishment of marine and
coastal territorial limits and jurisdiction, such as the
Exclusive Economic Zone.
``(9) Research, development and application of new
technologies will further increase efficiency, promote the
Nation's competitiveness, provide social and economic
benefits, enhance safety and environmental protection, and
reduce risks.
``(b) Purposes.--The purposes of this Act are--
``(1) to augment the ability of the National Oceanic and
Atmospheric Administration to fulfill its responsibilities
under this and other authorities;
``(2) to provide more accurate and up-to-date hydrographic
data and services in support of safe and efficient
international trade and interstate commerce, including--
``(A) hydrographic surveys;
``(B) electronic navigational charts;
``(C) real-time tide, water level, and current information
and forecasting;
``(D) shoreline surveys; and
``(E) geodesy and 3-dimensional positioning data;
``(3) to support homeland security, emergency response,
ecosystem approaches to marine management, and coastal
resiliency by providing hydrographic data and services with
many other useful operational, scientific, engineering, and
management applications, including--
``(A) storm surge, tsunami, coastal flooding, erosion, and
pollution trajectory monitoring, predictions, and warnings;
``(B) marine and coastal geographic information systems;
``(C) habitat restoration;
``(D) long-term sea-level trends; and
``(E) more accurate environmental assessments and
monitoring;
``(4) to promote improved integrated ocean and coastal
mapping and observations through increased coordination and
cooperation;
``(5) to provide for and support research and development
in hydrographic data, services and related technologies to
enhance the efficiency, accuracy and availability of
hydrographic data and services and thereby promote the
Nation's scientific and technological competitiveness; and
``(6) to provide national and international leadership for
hydrographic and related services, sciences, and
technologies.''.
SEC. 3. DEFINITIONS.
Section 303 of the Hydrographic Services Improvement Act of
1998 (33 U.S.C. 892), as redesignated by section 2, is
amended--
(1) by amending paragraph (3) to read as follows:
``(3) Hydrographic data.--The term ``hydrographic data''
means information acquired through hydrographic, bathymetric,
or shoreline surveying; geodetic, geospatial, or geomagnetic
measurements; tide, water level, and current observations, or
other methods, that is used in providing hydrographic
services.'';
(2) by striking paragraph (4)(A) and inserting the
following:
``(A) the management, maintenance, interpretation,
certification, and dissemination of bathymetric,
hydrographic, shoreline, geodetic, geospatial, geomagnetic,
and tide, water level, and current information, including the
production of nautical charts, nautical information
databases, and other products derived from hydrographic
data;''; and
(3) by striking paragraph (5) and inserting the following:
``(5) Coast and Geodetic Survey Act.--The term `Coast and
Geodetic Survey Act' means the Act entitled `An Act to define
the functions and duties of the Coast and Geodetic Survey,
and for other purposes', approved August 6, 1947 (33 U.S.C.
883a et seq.).''.
SEC. 4. FUNCTIONS OF THE ADMINISTRATOR.
Section 304 of the Hydrographic Services Improvement Act of
1998 (33 U.S.C. 892a), as redesignated by section 2, is
amended--
(1) by striking ``the Act of 1947,'' in subsection (a) and
inserting ``the Coast and Geodetic Survey Act, promote safe,
efficient, and environmentally sound marine transportation,
and otherwise fulfill the purposes of this Act,'';
(2) by striking ``data;'' in subsection (a)1) and inserting
``data and provide hydrographic services;''; and
(3) by striking subsection (b) and inserting the following:
``(b) Authorities.--To fulfill the data gathering and
dissemination duties of the Administration under the Coast
and Geodetic Survey Act, promote safe, efficient, and
environmentally sound marine transportation, and otherwise
fulfill the purposes of this Act, subject to the availability
of appropriations--
``(1) the Administrator may procure, lease, evaluate, test,
develop, and operate vessels, equipment, and technologies
necessary to ensure safe navigation and maintain operational
expertise in hydrographic data acquisition and hydrographic
services;
``(2) the Administrator shall design, install, maintain,
and operate real-time hydrographic monitoring systems to
enhance navigation safety and efficiency;
``(3) where appropriate and to the extent that it does not
detract from the promotion of safe and efficient navigation,
the Administrator may acquire hydrographic data and provide
hydrographic services to support the conservation and
management of coastal and ocean resources;
``(4) where appropriate, the Administrator may acquire
hydrographic data and provide hydrographic services to save
and protect life and property and support the resumption of
commerce in response to emergencies, natural and man-made
disasters, and homeland security and maritime domain
awareness needs, including obtaining Mission Assignments as
defined in section 641 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 741);
``(5) the Administrator may create, support, and maintain
such joint centers, and enter into and perform such
contracts, leases, grants, or cooperative agreements as may
be necessary to carry out the purposes of this Act; and
``(6) notwithstanding paragraph (5), the Administrator
shall award contracts for the acquisition of hydrographic
data in accordance with title IX of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 1101 et
seq.).''.
SEC. 5. QUALITY ASSURANCE PROGRAM.
Subsection (b) of section 305 of the Hydrographic Services
Improvement Act of 1998 (33 U.S.C. 892b), as redesignated by
section 2, is amended by striking ``303(a)(3)'' each place it
appears and inserting ``304(a)(3)''.
SEC. 6. HYDROGRAPHIC SERVICES REVIEW PANEL.
Section 306 of the Hydrographic Services Improvement Act of
1998 (33 U.S.C. 892c), as redesignated by section 2, is
amended--
(1) by striking ``303'' in subsection (b)(1) and inserting
``304'';
(2) by striking subsection (c)(1)(A) and inserting ``(A)
The panel shall consist of 15 voting members who shall be
appointed by the Administrator. The Co-directors of the Joint
Hydrographic Institute and no more than 2 employees of the
National Oceanic and Atmospheric Administration appointed by
the Administrator shall serve as nonvoting members of the
panel. The voting members of the panel shall be individuals
who, by reason of knowledge, experience, or training,
[[Page S7380]]
are especially qualified in 1 or more of the disciplines and
fields relating to hydrographic data and hydrographic
services, and other disciplines as determined appropriate by
the Administrator.'';
(3) by striking ``Secretary'' in subsections (c)(1)(C),
(c)(3), and (e) and inserting ``Administrator''; and
(4) by striking subsection (d) and inserting the following:
``(d) Compensation.--Voting members of the panel shall be
reimbursed for actual and reasonable expenses, such as travel
and per diem, incurred in the performance of such duties.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 307 of the Hydrographic Services Improvement Act of
1998 (33 U.S.C. 892d), as redesignated by section 2, is
amended to read as follows:
``SEC. 307. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the
Administrator sums as may be necessary for each of fiscal
years 2008 through 2012 for the purposes of carrying out this
Act.''.
______
By Mr. INOUYE (for himself and Mr. Stevens) (by request):
S. 1583. A bill to reauthorize the Coral Reef Conservation Act of
2000, and for other coral conservation purposes; to the Committee on
Commerce, Science, and Transportation.
Mr. President, I ask unanimous conset 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. 1583
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND REFERENCES.
(a) This Act may be cited as the ``Coral Reef Ecosystem
Conservation Amendments Act of 2007''.
(b) Except as otherwise expressly provided, whenever in
this bill an amendment or repeal is expressed in terms of an
amendment to or repeal of a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Coral Reef Conservation Act of 2000
(16 U.S.C. 6401 et seq.).
SEC. 2. REDESIGNATIONS.
The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et
seq.) is amended by redesignating--
(1) section 206 (16 U.S.C. 6405) as section 207;
(2) section 207 (16 U.S.C. 6406) as section 208;
(3) section 208 (16 U.S.C. 6407) as section 215;
(4) section 209 (16 U.S.C. 6408) as section 216; and
(5) section 210 (16 U.S.C. 6409) as section 217.
SEC. 3. FINDINGS AND PURPOSES.
Section 202 of the Coral Reef Conservation Act of 2000 (16
U.S.C. 6401) is amended to read as follows:
``SEC. 202. FINDINGS AND PURPOSES.
``(a) The Congress finds that--
``(1) coral reefs contain high biological diversity and
serve important ecosystem functions;
``(2) coral reef resources provide economic and
environmental benefits in the form of food, jobs, natural
products, and pharmaceuticals;
``(3) coral reefs are the basis of thriving commercial and
recreational fishing and tourism industries;
``(4) a combination of stressors, including climate change,
has caused a rapid decline in the health of many coral reef
ecosystems globally;
``(5) natural stressors on coral reefs are compounded by
human impacts including pollution, overfishing, and physical
damage; and
``(6) healthy coral reefs provide shoreline protection for
coastal communities and resources.
``(b) The purposes of this title are--
``(1) to preserve, sustain, and restore the condition of
coral reef ecosystems;
``(2) to promote the wise management and sustainable use of
coral reef ecosystems to benefit local communities, the
Nation, and the world;
``(3) to develop sound scientific information on the
condition of coral reef ecosystems and the threats to such
ecosystems;
``(4) to assist in the preservation of coral reef
ecosystems by supporting conservation programs, including
projects that involve affected local communities and
nongovernmental organizations;
``(5) to provide financial resources for those programs and
projects;
``(6) to establish a formal mechanism for collecting and
allocating monetary donations from the private sector to be
used for coral reef conservation projects; and
``(7) to provide mechanisms to address injuries to coral
reefs.''.
SEC. 4. NATIONAL CORAL REEF ACTION STRATEGY.
Section 203(a) of the Coral Reef Conservation Act of 2000
(16 U.S.C. 6402(a)) is amended to read as follows:
``(a) In General.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and to the Committee on Natural Resources of the House
of Representatives and publish in the Federal Register a
national coral reef action strategy, consistent with the
purposes of this title. The Secretary shall periodically
review and revise the strategy as necessary. In developing
this national strategy, the Secretary shall consult with the
Coral Reef Task Force established under Executive Order 13089
(June 11, 1998).''.
SEC. 5. CORAL REEF CONSERVATION PROGRAM.
Section 204 of the Coral Reef Conservation Act of 2000 (16
U.S.C. 6403) is amended--
(1) throughout by striking ``Administrator'' and inserting
``Secretary'';
(2) by amending subsection (a) to read as follows:
``(a) Grants.--The Secretary, subject to the availability
of funds, shall provide grants of financial assistance for
projects for the conservation of coral reef ecosystems
(hereafter in this title referred to as `coral conservation
projects'), for proposals approved by the Secretary in
accordance with this section.'';
(3) by amending subsection (c) to read as follows:
``(c) Eligibility.--Any natural resource management
authority of a State or other government authority with
jurisdiction over coral reef ecosystems, or whose activities
directly or indirectly affect coral reef ecosystems, or
educational or nongovernmental institutions with demonstrated
expertise in the conservation of coral reef ecosystems, may
submit to the Secretary a coral conservation proposal under
subsection (e).'';
(4) by striking subsection (d) and renumbering the
subsequent sections as (d) through (i);
(5) in subparagraph (e)(2)(A), as redesignated, by striking
``Magnuson- Stevens'' and inserting ``Magnuson-Stevens'';
(6) by amending subsection (f), as redesignated, to read as
follows:
``(f) Criteria for Approval.--The Secretary may not approve
a project proposal under this section unless the project is
consistent with the coral reef action strategy under section
203 and will enhance the conservation of coral reef
ecosystems nationally or internationally by--
``(1) implementing coral conservation programs which
promote sustainable development and ensure effective, long-
term conservation of coral reef ecosystems and biodiversity;
``(2) addressing the conflicts arising from the use of
environments near coral reef ecosystems or from the use of
corals, species associated with coral reef ecosystems, and
coral products;
``(3) enhancing compliance with laws that prohibit or
regulate the taking of coral products or species associated
with coral reef ecosystems or regulate the use and management
of coral reef ecosystems;
``(4) developing sound scientific information on the
condition of coral reef ecosystems or the threats to such
ecosystems and their biodiversity, including factors that
cause coral disease and bleaching;
``(5) promoting and assisting to implement cooperative
coral reef ecosystem conservation projects that involve
affected local communities, nongovernmental organizations, or
others in the private sector;
``(6) increasing public knowledge and awareness of coral
reef ecosystems and issues regarding their long-term
conservation, including how they function to protect coastal
communities;
``(7) mapping the location, distribution and biodiversity
of coral reef ecosystems;
``(8) developing and implementing techniques to monitor and
assess the status and condition of coral reef ecosystems and
biodiversity;
``(9) developing and implementing cost-effective methods to
restore degraded coral reef ecosystems and biodiversity;
``(10) responding to coral disease and bleaching events; or
``(11) promoting ecologically sound navigation and
anchorages near coral reef ecosystems.''; and
(7) in subsection (i), as redesignated, by striking ``coral
reefs'' and inserting ``coral reef ecosystems''.
SEC. 6. CORAL REEF CONSERVATION FUND.
Section 205 of the Coral Reef Conservation Act of 2000 (16
U.S.C. 6404) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Fund.--The Secretary may enter into agreements with
nonprofit organizations promoting coral reef ecosystem
conservation by authorizing such organizations to receive,
hold, and administer funds received pursuant to this section.
Such organizations shall invest, reinvest, and otherwise
administer the funds and maintain such funds and any interest
or revenues earned in a separate interest-bearing account,
hereafter referred to as the Fund, established by such
organizations solely to support partnerships between the
public and private sectors that further the purposes of this
Act and are consistent with the national coral reef action
strategy under section 203.'';
(2) in subsection (c) by striking ``Administrator'' and
inserting ``Secretary'';
(3) in subsection (c) by striking ``the grant program'' and
inserting ``any grant program''; and
(4) in subsection (d) by striking ``Administrator'' and
inserting ``Secretary''.
SEC. 7. AGREEMENTS.
The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et
seq.) is amended by inserting a new section 206 as follows:
[[Page S7381]]
``SEC. 206. AGREEMENTS.
``(a) The Secretary shall have the authority to enter into
and perform such contracts, leases, grants, or cooperative
agreements as may be necessary to carry out the purposes of
this Act.
``(b) For purposes related to the conservation,
preservation, protection, restoration or replacement of coral
reefs or coral reef ecosystems and the enforcement of this
Act, the Secretary is authorized to use, with their consent
and with or without reimbursement, the land, services,
equipment, personnel, and facilities of any Department,
agency or instrumentality of the United States, or of any
state, local government, Indian tribal government, Territory
or possession, or of any political subdivision thereof, or of
any foreign government or international organization.
``(c) Authority To Utilize Grant Funds.--
``(1) Except as provided in paragraph (2), the Secretary is
authorized to apply for, accept, and obligate research grant
funding from any federal source operating competitive grant
programs where such funding furthers the purpose of this Act.
``(2) The Secretary may not apply for, accept, or obligate
any grant funding under paragraph (1) for which the granting
agency lacks authority to grant funds to federal agencies, or
for any purpose or subject to conditions that are prohibited
by law or regulation.
``(3) Appropriated funds may be used to satisfy a
requirement to match grant funds with recipient agency funds,
except that no grant may be accepted that requires a
commitment in advance of appropriations.
``(4) Funds received from grants shall be deposited in the
National Oceanic and Atmospheric Administration account that
serves to accomplish the purpose for which the grant was
awarded.''.
SEC. 8. EMERGENCY ASSISTANCE.
Section 207 of the Coral Reef Conservation Act of 2000 (16
U.S.C. 6405), as redesignated by section 2, is amended to
read as follows:
``SEC. 207. EMERGENCY ASSISTANCE.
The Secretary, in cooperation with the Federal Emergency
Management Agency, as appropriate, may provide assistance to
any State, local, or territorial government agency with
jurisdiction over coral reef ecosystems to address any
unforeseen or disaster-related circumstance pertaining to
coral reef ecosystems.''.
SEC. 9. NATIONAL PROGRAM.
Section 208 of the Coral Reef Conservation Act of 2000 (16
U.S.C. 6406), as redesignated by section 2, is amended to
read as follows:
``SEC. 208. NATIONAL PROGRAM.
``(a) In General.--Subject to the availability of
appropriations, the Secretary may conduct activities,
including with local, regional, or international programs and
partners, as appropriate, to conserve coral reef ecosystems,
that are consistent with this title, the National Marine
Sanctuaries Act, the Coastal Zone Management Act of 1972, the
Magnuson-Stevens Fishery Conservation and Management Act, the
Endangered Species Act of 1973, and the Marine Mammal
Protection Act of 1972.
``(b) Authorized Activities.--Activities authorized under
subsection (a) include--
``(1) mapping, monitoring, assessment, restoration,
socioeconomic and scientific research that benefit the
understanding, sustainable use, biodiversity, and long-term
conservation of coral reef ecosystems;
``(2) enhancing public awareness, education, understanding,
and appreciation of coral reef ecosystems;
``(3) removing, and providing assistance to States in
removing, abandoned fishing gear, marine debris, and
abandoned vessels from coral reefs ecosystems to conserve
living marine resources;
``(4) responding to incidents and events that threaten and
damage coral reef ecosystems, including disease and
bleaching;
``(5) cooperative conservation and management of coral reef
ecosystems; and
``(6) centrally archiving, managing, and distributing data
sets and providing coral reef ecosystem assessments and
services to the general public. with local, regional, or
international programs and partners.
``(c) Data Archive, Access, and Availability.--The
Secretary, in coordination with similar efforts at other
Departments and agencies, as appropriate, shall provide for
long-term stewardship of environmental data, products, and
information via data processing, storage, and archive
facilities, pursuant to this Act. To implement this
provision, the Secretary may--
(1) Archive environmental data collected by federal, State,
local agencies and tribal organizations and federally funded
research;
(2) Promote widespread availability and dissemination of
environmental data and information through full and open
access and exchange to the greatest extent possible,
including in electronic format on the Internet;
(3) Develop standards, protocols and procedures for sharing
federal data with State and local government programs and the
private sector or academia; and
(4) Develop metadata standards for coral reef ecosystems in
accordance with Federal Geographic Data Committee guidelines.
``(d) Emergency Response, Stabilization, and Restoration.--
The Secretary shall establish an account (to be called the
Emergency Response, Stabilization and Restoration Account) in
the Damage Assessment Restoration Revolving Fund established
by Public Law 101-515, 104 Stat. 2101 (1990) (33 U.S.C. 2706
note), for implementation of this subsection for emergency
actions. There are authorized to be deposited into the
Emergency Response, Stabilization and Restoration Account
amounts which are authorized to be appropriated for such
Account pursuant to section 216, and funds which are
authorized by sections 210(d)(3)(B) and 211(f)(3)(B). Amounts
in the Emergency Response, Stabilization and Restoration
Account shall be available for use by the Secretary as
specified in sections 210 and 211.''.
SEC. 10. PROHIBITED ACTIVITIES.
The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et
seq.) is amended by inserting a new section 209 as follows:
``SEC. 209. PROHIBITED ACTIVITIES AND SCOPE OF PROHIBITIONS.
``The provisions in this section are in addition to, and
shall not affect the operation of, other Federal, State or
local laws or regulations providing protection to coral
reefs. It is unlawful for any person to--
`(1) destroy, cause the loss of, or injure any coral reef
or any component thereof, except--
``(A) if the destruction, loss, or injury was caused by the
use of fishing gear; provided, however, that such gear is
used in a manner not prohibited under the Magnuson-Stevens
Fishery Conservation and Management Act, 16 U.S.C. 1801 et
seq., or other Federal or State law;
``(B) if the destruction, loss, or injury was caused by an
activity that is authorized by Federal or State law
including, but not limited to, lawful discharges from vessels
of graywater, cooling water, engine exhaust, ballast water
and sewage from marine sanitation devices; provided, however,
that such activity shall not be construed to include actions
such as vessel groundings, vessel scrapings, anchor damage,
excavation not authorized by Federal or State permit, or
other similar activities;
``(C) if the destruction, loss, or injury was the necessary
result of bona fide marine scientific research; provided,
however, that conduct of such research shall not be construed
to include excessive sampling or collecting, or actions such
as vessel groundings, vessel scrapings, anchor damage,
excavation, or other similar activities; provided further,
however, that marine scientific research activities approved
by State or local permits qualify as bona fide marine
scientific research;
``(D) if the destruction, loss, or injury--
``(i) was caused by a Federal Government agency during--
``(I) an emergency that posed an unacceptable threat to
human health or safety or to the marine environment,
``(II) an emergency that posed a threat to national
security, or
``(III) an activity necessary for law enforcement or search
and rescue, and
``(ii) could not reasonably be avoided;
``(2) interfere with the enforcement of this Act by--
``(A) refusing to permit any officer authorized to enforce
this Act to board a vessel, other than a vessel operated by
the Department of Defense or United States Coast Guard,
subject to such person's control for the purposes of
conducting any search or inspection in connection with the
enforcement of this Act;
``(B) resisting, opposing, impeding, intimidating,
harassing, bribing, interfering with, or forcibly assaulting
any person authorized by the Secretary to implement this Act
or any such authorized officer in the conduct of any search
or inspection performed under this Act; or
``(C) submitting false information to the Secretary or any
officer authorized to enforce this Act in connection with any
search or inspection conducted under this Act.
``(3) violate any provision of this Act, any permit issued
pursuant to this Act, or any regulation promulgated pursuant
to this Act.''.
SEC. 11. DESTRUCTION OF CORAL REEFS.
The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et
seq.) is amended by inserting a new section 210 as follows:
``SEC. 210. DESTRUCTION OR LOSS OF, OR INJURY TO, CORAL
REEFS.
``(a) Liability.--
``(1) Liability to the United States.--Except as provided
insubsection (f), all persons who engage in an activity that
is prohibited under sections 209(a) or 209(c), or create an
imminent risk thereof, are liable, jointly and severally, to
the United States for an amount equal to the sum of--
``(A) response costs and damages resulting from the
destruction, loss, or injury, or imminent risk thereof,
including damages resulting from the response actions;
``(B) costs of seizure, forfeiture, storage, and disposal
arising from liability under this section; and
``(C) interest on that amount calculated in the manner
described under section 2705 of Title 33.
``(2) Liability in rem.--
``(A) Any vessel used in an activity that is prohibited
under sections 209(a) or 209(c), or creates an imminent risk
thereof, shall be liable in rem to the United States for an
amount equal to the sum of--
``(i) response costs and damages resulting from such
destruction, loss, or injury, or imminent risk thereof,
including damages resulting from the response actions;
``(ii) costs of seizure, forfeiture, storage, and disposal
arising from liability under this section; and
``(iii) interest on that amount calculated in the manner
described under section 2705 of Title 33.
[[Page S7382]]
``(B) The amount of liability shall constitute a maritime
lien on the vessel and may be recovered in an action in rem
in any district court of the United States that has
jurisdiction over the vessel.
``(3) Defenses.--A person is not liable under this
subsection if that person establishes that the destruction,
loss, or injury was caused solely by an act of God, an act of
war, or an act or omission of a third party (other than an
employee or agent of the defendant or one whose act or
omission occurs in connection with a contractual
relationship, existing directly or indirectly with the
defendant), and the person acted with due care.
``(4) Limits to liability.--Nothing in sections 30501 to
30512 or 30706 of Title 46 shall limit liability to any
person under this Act.
``(b) Response Actions and Damage Assessment.--
``(1) Response actions.--The Secretary may undertake or
authorize all necessary actions to prevent or minimize the
destruction or loss of, or injury to, coral reefs, or
components thereof, or to minimize the risk or imminent risk
of such destruction, loss, or injury.
``(2) Damage assessment.--
``(A) The Secretary shall assess damages to coral reefs in
accordance with the damages definition in section 217 and
shall consult with State officials regarding response and
damage assessment actions undertaken for coral reefs within
State waters.
``(B) There shall be no double recovery under this chapter
for coral reef damages, including the cost of damage
assessment, for the same incident.
``(c) Commencement of Civil Action for Response Costs and
Damages.--
(1) Commencement.--The Attorney General, upon the request
of the Secretary, may commence a civil action against any
person or vessel that may be liable under subsection (a) of
this section for response costs, seizure, forfeiture,
storage, or disposal costs, and damages, and interest on that
amount calculated in the manner described under section 2705
of Title 33. The Secretary, acting as trustee for coral reefs
for the United States, shall submit a request for such an
action to the Attorney General whenever a person may be
liable for such costs or damages.
``(2) Venue in Civil Actions.--A civil action under this
Act may be brought in the United States district court for
any district in which--
``(A) the defendant is located, resides, or is doing
business, in the case of an action against a person;
``(B) the vessel is located, in the case of an action
against a vessel;
``(C) the destruction of, loss of, or injury to a coral
reef, or component thereof, occurred or in which there is an
imminent risk of such destruction, loss, or injury; or
``(D) where some or all of the coral reef(s) or
componentsthereof that are the subject of the action are not
within the territory covered by any United States district
court, such action may be brought either in the United States
district court for the district closest to the location where
the destruction, loss, injury, or risk of injury occurred, or
in the United States District Court for the District of
Columbia.
``(d) Use of Recovered Amounts.--Any costs, including
response costs and damages recovered by the Secretary under
this section shall--
``(1) as appropriate be deposited into an account or
accounts in the Damage Assessment Restoration Revolving Fund
established by Public Law 101-515, 104 Stat. 2101 (1990) (33
U.S.C. 2706 note), or the Natural Resource Damage Assessment
Fund created pursuant to Title I of Public Law 102-154, 105
Stat. 990 (1991);
``(2) be available for use by the Secretary without further
appropriation and remain available until expended;
``(3) and shall be for use, as the Secretary considers
appropriate, as follows:
``(A) to reimburse the Secretary or any other Federal or
State agency that conducted activities under sections 210(a)
and (b);
``(B) to be transferred to the Emergency Response,
Stabilization and Restoration Account established under
section 208(d) to reimburse that account for amounts used for
authorized emergency actions; and ``(C) after reimbursement
of such costs, to restore, replace, or acquire the equivalent
of any coral reefs, or components thereof, including the
reasonable costs of monitoring, or to minimize or prevent
threats of equivalent injury to, or destruction of coral
reefs, or components thereof.
``(e) Statute of Limitations.--An action for response costs
or damages under subsection (c) shall be barred unless the
complaint is filed within 3 years after the date on which the
Secretary completes a damage assessment and restoration plan
for the coral reefs, or components thereof, to which the
action relates.
``(f) Federal Government Activities.--In the event of
threatened or actual destruction of, loss of, or injury to a
coral reef or component thereof resulting from an incident
caused by a component of any Department or agency of the
United States Government, the cognizant Department or agency
shall satisfy its obligations under this section by promptly,
in coordination with the Secretary, taking appropriate
actions to respond to and mitigate the harm and restoring or
replacing the coral reef or components thereof and
reimbursing the Secretary for all assessment costs.''.
SEC. 12. ENFORCEMENT.
The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et
seq.) is amended by inserting a new section 211 as follows:
``SEC. 211. ENFORCEMENT.
``(a) In General.--The Secretary shall conduct enforcement
activities to carry out this Act.
``(b) Powers of Authorized Officers.--Any person who is
authorized to enforce this Act may--
``(1) board, search, inspect, and seize any vessel or other
conveyance suspected of being used to violate this Act, any
regulation promulgated under this Act, or any permit issued
under this Act, and any equipment, stores, and cargo of such
vessel;
``(2) seize wherever found any component of coral reef
taken or retained in violation of this Act, any regulation
promulgated under this Act, or any permit issued under this
Act;
``(3) seize any evidence of a violation of this Act, any
regulation promulgated under this Act, or any permit issued
under this Act;
``(4) execute any warrant or other process issued by any
court of competent jurisdiction;
``(5) exercise any other lawful authority; and
``(6) arrest any person, if there is reasonable cause to
believe that such person has committed an act prohibited by
section 209.
``(c) Civil Enforcement and Permit Sanctions.--
``(1) Civil Administrative Penalty.--Any person subject to
the jurisdiction of the United States who violates this Act
or any regulation promulgated or permit issued thereunder,
shall be liable to the United States for a civil
administrative penalty of not more than $200,000 for each
such violation, to be assessed by the Secretary. Each day of
a continuing violation shall constitute a separate violation.
``(2) Permit sanctions.--For any person subject to the
jurisdiction of the United States who has been issued or has
applied for a permit under this Act, and who violates this
Act or any regulation or permit issued under this Act, the
Secretary may deny, suspend, amend or revoke in whole or in
part any such permit. For any person who has failed to pay or
defaulted on a payment agreement of any civil penalty or
criminal fine or liability assessed pursuant to any natural
resource law administered by the Secretary, the Secretary may
deny, suspend, amend or revoke in whole or in part any permit
issued or applied for under this Act.
(3) ``Imposition of civil judicial penalties.--Any person
who violates any provision of this Act, any regulation
promulgated or permit issued thereunder, shall be subject to
a civil judicial penalty not to exceed $250,000 for each such
violation. Each day of a continuing violation shall
constitute a separate violation. The Attorney General, upon
the request of the Secretary, may commence a civil action in
an appropriate district court of the United States, and such
court shall have jurisdiction to award civil penalties and
such other relief as justice may require. In determining the
amount of a civil penalty, the court shall take into account
the nature, circumstances, extent, and gravity of the
prohibited acts committed and, with respect to the violator,
the degree of culpability, any history of prior violations,
and such other matters as justice may require. In imposing
such penalty, the district court may also consider
information related to the ability of the violator to pay.
``(4) Notice.--No penalty or permit sanction shall be
assessed under this subsection until after the person charged
has been given notice and an opportunity for a hearing.
(5) In rem jurisdiction.--A vessel used in violating this
Act, any regulation promulgated under this Act, or any permit
issued under this Act, shall be liable in rem for any civil
penalty assessed for such violation. Such penalty shall
constitute a maritime lien on the vessel and may be recovered
in an action in rem in the district court of the United
States having jurisdiction over the vessel.
``(6) Collection of penalties.--If any person fails to pay
an assessment of a civil penalty under this section after it
has become a final and unappealable order, or after the
appropriate court has entered final judgment in favor of the
Secretary, the Secretary shall refer the matter to the
Attorney General, who shall recover the amount assessed in
any appropriate district court of the United States (plus
interest at current prevailing rates from the date of the
final order). In such action, the validity and
appropriateness of the final order imposing the civil penalty
shall not be subject to review. Any person who fails to pay,
on a timely basis, the amount of an assessment of a civil
penalty shall be required to pay, in addition to such amount
and interest, attorney's fees and costs for collection
proceedings and a quarterly nonpayment penalty for each
quarter during which such failure to pay persists. Such
nonpayment penalty shall be in an amount equal to 20 percent
of the aggregate amount of such person's penalties and
nonpayment penalties that are unpaid as of the beginning of
such quarter.
``(7) Compromise or other action by Secretary.--The
Secretary may compromise, modify, or remit, with or without
conditions, any civil administrative penalty or permit
sanction which is or may be imposed under this section and
that has not been referred to
[[Page S7383]]
the Attorney General for further enforcement action.
``(8) Jurisidication of courts.--The several district
courts of the United States shall have jurisdiction over any
actions brought by the United States arising under this
section. For the purpose of this section, American Samoa
shall be included within the judicial district of the
District Court of the United States for the District of
Hawaii. Each violation shall be a separate offense and the
offense shall be deemed to have been committed not only in
the district where the violation first occurred, but also in
any other district as authorized by law.
(d) Forfeiture.--
``(1) Criminal forfeiture.--A person who is convicted of an
offense in violation of this Act shall forfeit to the United
States--
``(A) any property, real or personal, constituting or
traceable to the gross proceeds taken, obtained, or retained,
in connection with or as a result of the offense, including,
without limitation, any coral reef or coral reef component
(or the fair market value thereof); and
``(B) any property, real or personal, used or intended to
be used, in any manner, to commit or facilitate the
commission of the offense, including, without limitation, any
vessel (including the vessel's equipment, stores, catch and
cargo), vehicle, aircraft, or other means of transportation.
Pursuant to Title 28, Section 2461(c), the provisions of
section 413 of the Controlled Substances Act (21 U.S.C. 853)
with the exception of subsection (d) of that section shall
apply to criminal forfeitures under this section.
``(2) Civil forfeiture.--The property set forth below shall
be forfeited to the United States in accordance with the
provisions of Chapter 46 of Title 18, and no property right
shall exist in it--
``(A) any property, real or personal, constituting or
traceable to the gross proceeds taken, obtained, or retained,
in connection with or as a result of a violation of this Act,
including, without limitation, any coral reef or coral reef
component (or the fair market value thereof); and
``(B) any property, real or personal, used or intended to
be used, in any manner, to commit or facilitate the
commission of a violation of this Act, including, without
limitation, any vessel (including the vessel's equipment,
stores, catch and cargo), vehicle, aircraft, or other means
of transportation.
``(3) Application of the customs laws.--All provisions of
law relating to seizure, summary and judicial forfeiture and
condemnation for violation of the customs laws, the
disposition of the property forfeited or condemned or the
proceeds from the sale thereof; the remission or mitigation
of such forfeitures; and the compromise of claims shall apply
to seizures and forfeitures incurred, or alleged to have been
incurred, under the provisions of this Act, insofar as
applicable and not inconsistent with the provisions hereof.
However, with respect to seizures and forfeitures of property
under this section by the Secretary, such duties as are
imposed upon the customs officer or any other person with
respect to the seizure and forfeiture of property under the
customs law may be performed by such officers as are
designated by the Secretary or, upon request of the
Secretary, by any other agency that has authority to manage
and dispose of seized property.
``(4) Presumption.--For the purposes of this section there
is a rebuttable presumption that all coral reefs, or
components thereof, found on board a vessel that is used or
seized in connection with a violation of this Act or of any
regulation promulgated under this Act were taken, obtained,
or retained in violation of this Act or of a regulation
promulgated under this Act.
``(e) Payment of Storage, Care, and Other Costs.--Any
person assessed a civil penalty for a violation of this Act
or of any regulation promulgated under this Act and any
claimant in a forfeiture action brought for such a violation,
shall be liable for the reasonable costs incurred by the
Secretary in storage, care, and maintenance of any property
seized in connection with the violation.
``(f) Expenditures.--
``(1) Notwithstanding section 3302 of Title 31 or section
1861 of Title 16, United States Code, amounts received by the
United States as civil penalties under section 211(c) of this
bill, forfeitures of property under section 211(d), and costs
imposed under section 211(e), shall--
``(A) be placed into an account;
``(B) be available for use by the Secretary without further
appropriation; and
``(C) remain available until expended.
``(2) Amounts received under this section for forfeitures
under section 211(d) and costs imposed under section 211(e)
shall be used to pay the reasonable and necessary costs
incurred by the Secretary to provide temporary storage, care,
maintenance, and disposal of any property seized in
connection with a violation of this Act or any regulation
promulgated under this Act.
``(3) Amounts received under this section as civil
penalties under section 211(c) of this bill and any amounts
remaining after the operation of paragraph (2) shall be used
as follows--
``(A) to stabilize, restore, or otherwise manage the coral
reef with respect to which the violation occurred that
resulted in the penalty or forfeiture;
``(B) to be transferred to the Emergency Response,
Stabilization and Restoration Account established under
section 208(d) or an account referenced in section 210(d)(1)
of this Act, to reimburse such account for amounts used for
authorized emergency actions;
``(C) to conduct monitoring and enforcement activities;
``(D) to conduct research on techniques to stabilize and
restore coral reefs;
``(E) to conduct activities that prevent or reduce the
likelihood of future damage to coral reefs;
``(F) to stabilize, restore or otherwise manage any other
coral reef; or
``(G) to pay a reward to any person who furnishes
information leading to an assessment of a civil penalty, or
to a forfeiture of property, for a violation of this Act or
any regulation promulgated under this Act.
``(g) Criminal Enforcement.--
``(1) Any person (other than a foreign government or any
entity of such government) who knowingly commits any act
prohibited by section 209(b) of this Act shall be imprisoned
for not more than five years and shall be fined not more than
$500,000 for individuals or $1,000,000 for an organization;
except that if in the commission of any such offense the
individual uses a dangerous weapon, engages in conduct that
causes bodily injury to any officer authorized to enforce the
provisions of this Act, or places any such officer in fear of
imminent bodily injury, the maximum term of imprisonment is
not more than ten years.
``(2) Any person (other than a foreign government or any
entity of such government) who knowingly violates sections
209(a) or 209(c) shall be fined under Title 18 or imprisoned
not more than five years or both.
``(3) The several district courts of the United States
shall have jurisdiction over any actions brought by the
United States arising under this subsection. For the purpose
of this subsection, American Samoa shall be included within
the judicial district of the District Court of the United
States for the District of Hawaii. Each violation shall be a
separate offense and the offense shall be deemed to have been
committed not only in the district where the violation first
occurred, but also in any other district as authorized by
law. Any offenses not committed in any district are subject
to the venue provisions of Title 18, Section 3238.
``(h) Subpoenas.--In the case of any investigation or
hearing under this section or any other natural resource
statute administered by the National Oceanic and Atmospheric
Administration which is determined on the record in
accordance with the procedures provided for under section 554
of Title 5, United States Code, the Secretary may issue
subpoenas for the attendance and testimony of witnesses and
the production of relevant papers, books, electronic files,
and documents, and may administer oaths.
``(i) Coast Guard Authority Not Limited.--Nothing in this
section shall be considered to limit the authority of the
Coast Guard to enforce this or any other Federal law under
section 89 of Title 14, United States Code.
``(j) Injunctive Relief.--
``(1) If the Secretary determines that there is an imminent
risk of destruction or loss of or injury to a coral reef, or
that there has been actual destruction or loss of, or injury
to, a coral reef which may give rise to liability under
section 210 of this title, the Attorney General, upon request
of the Secretary, shall seek to obtain such relief as may be
necessary to abate such risk or actual destruction, loss, or
injury, or to restore or replace the coral reef, or both. The
district courts of the Unites States shall have jurisdiction
in such a case to order such relief as the public interest
and the equities of the case may require.
``(2) Upon the request of the Secretary, the Attorney
General may seek to enjoin any person who is alleged to be in
violation of any provision of this Act, or any regulation or
permit issued under this Act, and the district courts shall
have jurisdiction to grant such relief.
``(k) Area of Application and Enforceability.--The area of
application and enforceability of this Act includes the
internal waters of the United States, the territorial sea of
the United States, as described in Presidential Proclamation
5928 of December 27, 1988, the Exclusive Economic Zone of the
United States as described in Presidential Proclamation 5030
of March 10, 1983, and the continental shelf, consistent with
international law.
``(l) Nationwide Service of Process.--In any action by the
United States under this Act, process may be served in any
district where the defendant is found, resides, transacts
business, or has appointed an agent for the service of
process, and for civil cases may also be served in a place
not within the United States in accordance with Rule 4 of the
Federal Rules of Civil Procedure.
``(m) Venue in Civil Actions.--A civil action under this
Act may be brought in the United States district court for
any district in which--
``(1) the defendant is located, resides, or is doing
business, in the case of an action against a person;
``(2) the vessel is located, in the case of an action
against a vessel;
``(3) the destruction of, loss of, or injury to a coral
reef, or component thereof, occurred or in which there is an
imminent risk of such destruction, loss, or injury; or
``(4) where some or all of the coral reef(s) or components
thereof that are the subject of the action are not within the
territory covered by any United States district court,
[[Page S7384]]
such action may be brought either in the United States
district court for the district closest to the location where
the destruction, loss, injury, or risk of injury occurred, or
in the United States District Court for the District of
Columbia.''.
SEC. 13. PERMITS.
The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et
seq.) is amended by inserting a new section 212 as follows:
``SEC. 212. PERMITS.
``(a) In General.--The Secretary may allow for the conduct
of activities that would otherwise be prohibited by this Act
or regulations issued thereunder through, in accordance with
such regulations, issuance of coral reef conservation
permits.
``(b) Findings.--No permit may be issued unless the
Secretary finds--
``(1) the activity proposed to be conducted is compatible
with one or more of the purposes in section 202(b) of this
Act;
``(2) the activity conforms to the provisions of all other
laws and regulations applicable to the area for which such
permit is to be issued; and
``(3) there is no practicable alternative to conducting the
activity in a manner that destroys, causes the loss of, or
injures any coral reef or any component thereof.
``(c) Terms and Conditions.--The Secretary may place any
terms and conditions on a permit issued under this section
that the Secretary deems reasonable.
``(d) Fees.--
``(1) Assessment and collection.--Subject to any
regulations issued under this Act, the Secretary may assess
and collect fees as specified in this subsection.
``(2) Amount.--Any fee assessed shall be equal to the sum
of--
``(A) all costs incurred, or expected to be incurred, by
the Secretary in processing the permit application, including
indirect costs; and
``(B) if the permit is approved, all costs incurred, or
expected to be incurred, by the Secretary as a direct result
of the conduct of the activity for which the permit is
issued, including costs of monitoring the conduct of the
activity and educating the public about the activity and
coral reef resources related to the activity.
``(3) Use of fees.--Amounts collected by the Secretary in
the form of fees under this section shall be collected and
available for use only to the extent provided in advance in
appropriations Acts and may be used by the Secretary for
issuing and administering permits under this section.
``(4) Waiver or reduction of fees.--For any fee assessed
under paragraph (2) of this subsection, the Secretary may--
``(A) accept in-kind contributions in lieu of a fee; or
``(B) waive or reduce the fee.
(e) Fishing.--Nothing in this section shall be considered
to require a person to obtain a permit under this section for
the conduct of any fishing activities not prohibited by this
Act or regulations issued thereunder.''.
SEC. 14. COORDINATION WITH STATES AND TERRITORIES.
The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et
seq.) is amended by inserting a new section 213 as follows:
``SEC. 213. COORDINATION WITH STATES AND TERRITORIES.
``(a) Response and Restoration Activities.--The Secretary
shall, when appropriate, enter into a written agreement with
any affected State regarding the manner in which response and
restoration activities will be conducted within the affected
State's waters.
``(b) Cooperative Enforcement AGREEMENTS.--All cooperative
enforcement agreements in place between the Secretary and
States affected by sections 208(d) through 212 of this Act
shall be updated to include enforcement of this Act where
appropriate.''.
SEC. 15. REGULATIONS.
The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et
seq.) is amended by inserting a new section 214 as follows:
``SEC. 214. REGULATIONS.
``The Secretary may issue such regulations as are necessary
and appropriate to carry out the purposes of this Act. This
Act and any regulations promulgated under this Act shall be
applied in accordance with international law. No restrictions
shall apply to or be enforced against a person who is not a
citizen, national, or resident alien of the United States
(including foreign flag vessels) unless in accordance with
international law.''.
SEC. 16. EFFECTIVENESS REPORT.
Section 215 of the Coral Reef Conservation Act of 2000 (16
U.S.C. 6407), as redesignated by section 2, is amended to
read as follows:
``SEC. 215. EFFECTIVENESS REPORT.
``Not later than 2 years after the date on which the
Secretary publishes the Report on U.S. Coral Reef Task Force
Agency Activities 2002 to 2003 and every 2 years thereafter,
the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Natural Resources of the House of Representatives a report
describing all activities undertaken to implement the
strategy, under section 203, including a description of the
funds obligated each fiscal year to advance coral reef
ecosystem conservation. This report will cover the time
period since the last report was submitted.''.
SEC. 17. AUTHORIZATION OF APPROPRIATIONS.
Section 216 of the Coral Reef Conservation Act of 2000 (16
U.S.C. 6408), as redesignated by section 2, is amended to
read as follows:
``SEC. 216. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
to the Secretary to carry out this Act, including for the
Emergency Response, Stabilization and Restoration Account
established under section 208(d), $25,797,000 in fiscal year
2008 and such sums as may be necessary for each of fiscal
years 2009 through 2012.
``(b) Administration.--Of the amounts appropriated under
subsection (a), not more than 10 percent of the amounts
appropriated, may be used for program administration or for
overhead costs incurred by the National Oceanic and
Atmospheric Administration or the Department of Commerce and
assessed as an administrative charge.''.
SEC. 18. DEFINITIONS.
Section 217 of the Coral Reef Conservation Act of 2000 (16
U.S.C. 6409), as redesignated by section 2, is amended to
read as follows:
``SEC. 217. DEFINITIONS.
``In this title:
``(1) Biodiversity.--The term `biodiversity' means the
variability among living organisms from all sources
including, inter alia, terrestrial, marine and other aquatic
ecosystems and the ecological complexes of which they are
part; this includes diversity within species, between species
and of ecosystems.
(2) Conservation.--The term `conservation' means the use of
methods and procedures necessary to preserve or sustain
corals and associated species as diverse, viable, and self-
perpetuating coral reef ecosystems, including all activities
associated with resource management, such as assessment,
conservation, protection, restoration, sustainable use, and
management of habitat; mapping; habitat monitoring;
assistance in the development of management strategies for
marine protected areas and marine resources consistent with
the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.)
and the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.); law enforcement; conflict
resolution initiatives; community outreach and education; and
that promote safe and ecologically sound navigation.
``(3) CORAL.--The term `coral' means species of the phylum
Cnidaria, including--
``(A) all species of the orders Antipatharia (black
corals), Scleractinia (stony corals), Gorgonacea (horny
corals), Stolonifera (organpipe corals and others),
Alcyonacea (soft corals), and Helioporacea (blue coral), of
the class Anthozoa; and
``(B) all species of the families Milleporidea (fire
corals) and Stylasteridae (stylasterid hydrocorals) of the
class Hydrozoa.
``(4) Coral reef.--Coral Reefs are defined as limestone
structures composed in whole or in part of living
zooxanthellate stony corals (Class Anthozoa, Order
Scleractinia), as described in section 217(3), their skeletal
remains, or both, and including other coral, associated
sessile invertebrates and plants, and any adjacent or
associated seagrasses.
``(5) Coral reef component.--The term `coral reef
component' means any part of a coral reef, including
individual living or dead corals, associated sessile
invertebrates and plants, and any adjacent or associated
seagrasses.
``(6) Coral reef ecosystem.--The term `coral reef
ecosystem' means the system of coral reefs and geographically
associated species and habitats, including but not limited to
mangroves and seagrass habitats, their living marine
resources, the people, the environment, and the processes
that control its dynamics.
``(7) Coral products.--The term `coral products' means any
living or dead specimens, parts, or derivatives, or any
product containing specimens, parts, or derivatives, of any
species referred to in paragraph (3).
``(8) Damages.--The term `damages' includes--
``(A) compensation for--
``(i) the cost of replacing, restoring, or acquiring the
equivalent of the coral reef, or component thereof; and
``(ii) the lost services of, or the value of the lost use
of, the coral reef or component thereof, or the cost of
activities to minimize or prevent threats of, equivalent
injury to, or destruction of coral reefs or components
thereof, pending restoration or replacement or the
acquisition of an equivalent coral reef or component thereof;
``(B) the reasonable cost of damage assessments under
section 210;
``(C) the reasonable costs incurred by the Secretary in
implementing section 208(d);
``(D) the reasonable cost of monitoring appropriate to the
injured, restored, or replaced resources;
``(E) the reasonable cost of curation, conservation and
loss of contextual information of any coral encrusted
archeological, historical, and cultural resource;
``(F) the cost of legal actions under section 210,
undertaken by the United States, associated with the
destruction or loss of, or injury to, a coral reef or
component thereof, including the costs of attorney time and
expert witness fees; and
``(G) the indirect costs associated with the costs listed
in subparagraphs (A) through (F) of this paragraph.
``(9) Emergency actions.--The term `emergency actions'
means all necessary actions to prevent or minimize the
additional destruction or loss of, or injury to, coral reefs
or components thereof, or to minimize the
[[Page S7385]]
risk of such additional destruction, loss, or injury.
``(10) Exclusive economic zone.--The term `Exclusive
Economic Zone' means the waters of the Exclusive Economic
Zone of the United States under Presidential Proclamation
5030, dated March 10, 1983.
``(11) Local action strategy.--The term `Local Action
Strategy' refers to a plan developed within each of the seven
U.S. Coral Reef Task Force member states for collaborative
action among federal, state, territory and non-governmental
partners, which identifies priority actions needed to reduce
key threats to valuable coral reef resources.
``(12) Person.--The term `person' means any individual;
private or public corporation, partnership, trust,
institution, association, or any other public or private
entity, whether foreign or domestic; private person or
entity, or any officer, employee, agent, Department, agency,
or instrumentality of the Federal Government, of any State or
local unit of government, or of any foreign government.
``(13) Response costs.--The term `response costs' means the
costs of actions taken or authorized by the Secretary to
minimize destruction or loss of, or injury to, a coral reef,
or component thereof, or to minimize the imminent risks of
such destruction, loss, or injury, including costs related to
seizure, forfeiture, storage, or disposal arising from
liability under section 210.
``(14) Secretary.--The term `Secretary' means--
``(A) for purposes of sections 201 through 208 and sections
215 through 217, the Secretary of Commerce; and
``(B) for purposes of sections 209 through 214 and section
218--
``(i) the Secretary of the Interior for any coral reef or
component thereof located in (I) the National Wildlife Refuge
System, (II) the National Park System, and (III) the waters
surrounding Wake Island under the jurisdiction of the
Secretary of the Interior, as set forth in Executive Order
11048 (27 Fed. Reg. 8851 (Sept. 4, 1962)); or
``(ii) the Secretary of Commerce for any coral reef or
component thereof located in any area not governed by clause
(B)(i).
``(15) Service.--Within section 217(7), the term `service'
means function(s), ecological or otherwise, performed by a
coral reef, or component thereof.
``(16) State.--The term `State' means any State of the
United States that contains a coral reef ecosystem within its
seaward boundaries, American Samoa, Guam, the Northern
Mariana Islands, Puerto Rico, and the Virgin Islands, and any
other territory or possession of the United States, or
separate sovereign in free association with the United
States, that contains a coral reef ecosystem within its
seaward boundaries.
``(17) Territorial sea.--The term `Territorial Sea' means
the waters of the Territorial Sea of the United States under
Presidential Proclamation 5928, dated December 27, 1988.''.
SEC. 19. JUDICIAL REVIEW.
The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et
seq.) is amended by inserting a new section 218 as follows:
``SEC. 218. JUDICIAL REVIEW.
``(a) Judicial review of any action taken by the Secretary
under this Act shall be in accordance with sections 701
through 706 of Title 5, except that--
``(1) review of any final agency action of the Secretary
taken pursuant to sections 211(c)(1) and 211(c)(2) may be had
only by the filing of a complaint by an interested person in
the United States District Court for the appropriate
district; any such complaint must be filed within thirty days
of the date such final agency action is taken; and
``(2) review of all other final agency actions of the
Secretary under this Act may be had only by the filing of a
petition for review by an interested person in the Circuit
Court of Appeals of the United States for the federal
judicial district in which such person resides or transacts
business which is directly affected by the action taken; such
petition shall be filed within 120 days from the date such
final agency action is taken.
``(b) Final agency action with respect to which review
could have been obtained under subsection (a)(2) shall not be
subject to judicial review in any civil or criminal
proceeding for enforcement.
(c) In any judicial proceeding under subsection (a), the
court may award costs of litigation (including reasonable
attorney and expert witness fees) to any prevailing party
whenever it determines that such award is appropriate.''.
SEC. 20. THE DEPARTMENT OF THE INTERIOR PROGRAM.
(a) Definitional Amendments and Clarifications.--
(1) Section 8 of the Act of March 10, 1934 (16 U.S.C.
666b), commonly known as the Fish and Wildlife Coordination
Act, is amended by inserting at the end thereof the words ``,
including coral reef ecosystems (as such term is defined in
section 217(b) of the Coral Reef Conservation Act of 2000, as
amended)'';
(2) With respect to the authorities under the Act of August
8, 1956 (16 U.S.C. 742a et. seq.), as amended, commonly known
as the Fish and Wildlife Act of 1956; and under Public Law
95-616 (16 U.S.C. 742l), as amended, commonly known as the
Fish and Wildlife Improvement Act of 1978, references in such
Acts to ``wildlife'' or ``fish and wildlife'' shall be
construed to include coral reef ecosystems (as such term is
defined in section 217(b) of the Coral Reef Conservation Act
of 2000, as amended).
(b) Assistance to Insular Areas.--Sec. 601 of Public Law
96-597 (48 U.S.C. 1469d), as amended, is amended by
redesignating existing subsection (d) as (e), and by
inserting:
``(d) Coral Reefs.--The Secretary of the Interior is
authorized to extend to the governments of American Samoa,
the Commonwealth of the Northern Mariana Islands, Guam, and
the Virgin Islands, and their agencies and instrumentalities,
financial and technical assistance for the conservation of
coral reef ecosystems (as such term is defined in the Coral
Reef Conservation Act of 2000 [Pub. L. No. 106-562, 114 Stat.
2794 (2000)], as amended) under the jurisdiction of such
governments.''.
(c) The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401
et seq.) is amended by inserting a new section 219 as
follows:
``SEC. 219. DEPARTMENT OF THE INTERIOR.
Coral Reef Conservation ASSISTANCE.--The Secretary of the
Interior may provide technical and financial assistance to
States, American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, Puerto Rico and the Virgin Islands,
for management and conservation of coral reef ecosystems,
including implementation of Local Action Strategies. The
Secretary shall coordinate coral reef conservation activities
under the Act of March 10, 1934 (16 U.S.C. 666b), as amended,
commonly known as the Fish and Wildlife Coordination Act,
Public Law 95-616 (16 U.S.C. 742l), as amended, commonly
known as the Fish and Wildlife Improvement Act of 1978,
Public Law 96-597 (48 U.S.C. 1469d), as amended, with those
coral reef conservation activities of other agencies and
partners, including those activities carried out through the
U.S. Coral Reef Task Force.''.
______
By Mr. INOUYE (for himself and Mr. Stevens) (by request):
S. 1584. A bill to reauthorize and amend the Hydrographic Services
Improvement Act, and for other purposes; to the Committee on Commerce,
Science, and Transportation.
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. 1584
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 ``Hydrographic Services
Improvement Act Amendments of 2007''.
SEC. 2. REDESIGNATIONS.
The Hydrographic Services Improvement Act of 1998 is
amended by redesignating sections 302 through 306 (33 U.S.C.
892d) as sections 303 through 307, respectively.
SEC. 3. ADDITION OF FINDINGS AND PURPOSES.
The Hydrographic Services Improvement Act of 1998 (33
U.S.C. 892 et seq.) is amended by inserting a new section 302
as follows:
``SEC. 302. FINDINGS AND PURPOSES
``(a) Findings.--The Congress finds that--
``(1) in 2007, the Nation celebrates the 200th anniversary
of its oldest scientific agency, the Survey of the Coast,
which was authorized by Congress and created by President
Thomas Jefferson in 1807 to conduct surveys of the coast and
provide nautical charts for safe passage through the Nation's
ports and along its extensive coastline;
``(2) these mission requirements and capabilities, which
today are located in the National Oceanic and Atmospheric
Administration, evolved over time to include research,
development, operations, products, and services associated
with hydrographic, geodetic, shoreline and baseline
surveying; cartography, mapping, and charting; tides,
currents, and water level observations; maintenance of a
national spatial reference system, and associated products
and services;
``(3) there is a need to maintain federal expertise and
capability in hydrographic data and services to support a
safe and efficient marine transportation system for the
enhancement and promotion of international trade and
interstate commerce vital to the Nation's economic prosperity
and for myriad other commercial and recreational activities;
``(4) the Nation's marine transportation system is becoming
increasingly congested, the volume of international maritime
commerce is expected to double within the next 20 years, and
nearly half of the cargo transiting U.S. waters is oil,
refined petroleum products, or other hazardous substances;
``(5) in addition to commerce, hydrographic data and
services support other national needs for the Great Lakes and
coastal waters, the territorial sea, the Exclusive Economic
Zone, and the continental shelf of the United States,
including emergency response; homeland security; marine
resource conservation; coastal resiliency to sea-level rise,
coastal inundation, and other hazards; ocean and coastal
science advancement; and improved and integrated ocean and
coastal mapping and observations for an integrated ocean
observing system;
``(6) the National Oceanic and Atmospheric Administration,
in cooperation with other agencies and the States, serves as
the Nation's leading civil authority for establishing and
maintaining national standards and datums for hydrographic
data and services;
[[Page S7386]]
``(7) the Director of the National Oceanic and Atmospheric
Administration's Office of Coast Survey serves as the U.S.
National Hydrographer and the primary U.S. representative to
the international hydrographic community, including the
International Hydrographic Organization;
``(8) the hydrographic expertise, data, and services of the
National Oceanic and Atmospheric Administration provide the
underlying and authoritative basis for baseline and boundary
demarcation, including the establishment of marine and
coastal territorial limits and jurisdiction, such as the
Exclusive Economic Zone; and
``(9) research, development and application of new
technologies will further increase efficiency, promote the
Nation's competitiveness, provide social and economic
benefits, enhance safety and environmental protection, and
reduce risks.
``(b) Purposes.--The purposes of this Act are to--
``(1) augment the ability of the National Oceanic and
Atmospheric Administration to fulfill its responsibilities
under this and other authorities;
``(2) provide more accurate and up-to-date hydrographic
data and services in support of safe and efficient
international trade and interstate commerce, including
hydrographic surveys; electronic navigational charts; real-
time tide, water level, and current information and
forecasting; shoreline surveys; and geodesy and three-
dimensional positioning data;
``(3) support homeland security, emergency response,
ecosystem approaches to marine management, and coastal
resiliency by providing hydrographic data and services with
many other useful operational, scientific, engineering, and
management applications, including storm surge, tsunami,
coastal flooding, erosion, and pollution trajectory
monitoring, predictions, and warnings; marine and coastal
geographic information systems; habitat restoration; long-
term sea-level trends; and more accurate environmental
assessments and monitoring;
``(4) promote improved integrated ocean and coastal mapping
and observations through increased coordination and
cooperation;
``(5) provide for and support research and development in
hydrographic data, services and related technologies to
enhance the efficiency, accuracy and availability of
hydrographic data and services and thereby promote the
Nation's scientific and technological competitiveness; and
``(6) provide national and international leadership for
hydrographic and related services, sciences, and
technologies.''.
SEC. 4. CHANGES IN DEFINITIONS.
Section 303 of the Hydrographic Services Improvement Act of
1998 (33 U.S.C. 892), as redesignated by section 2, is
amended--
(1) by amending paragraph (3) to read as follows:
``(3) Hydrographic data.--The term `hydrographic data'
means information acquired through hydrographic, bathymetric,
or shoreline surveying; geodetic, geospatial, or geomagnetic
measurements; tide, water level, and current observations, or
other methods, that is used in providing hydrographic
services.'';
(2) by amending paragraph (4)(A) to read as follows:
``(A) the management, maintenance, interpretation,
certification, and dissemination of bathymetric,
hydrographic, shoreline, geodetic, geospatial, geomagnetic,
and tide, water level, and current information, including the
production of nautical charts, nautical information
databases, and other products derived from hydrographic
data;''; and
``(3) by amending paragraph (5) to read as follows:
``(5) Coast and Geodetic Survey Act.--The term `Coast and
Geodetic Survey Act' means the Act entitled `An Act to define
the functions and duties of the Coast and Geodetic Survey,
and for other purposes', approved August 6, 1947 (33 U.S.C.
883a et seq.).''.
SEC. 5. CHANGES IN FUNCTIONS OF THE ADMINISTRATOR.
Section 304 of the Hydrographic Services Improvement Act of
1998 (33 U.S.C. 892a), as redesignated by section 2, is
amended--
(1) in subsection (a)--
(A) in the stem by striking ``To fulfill the data gathering
and dissemination duties of the Administration under the Act
of 1947,'' and inserting ``To fulfill the data gathering and
dissemination duties of the Administration under the Coast
and Geodetic Survey Act, promote safe, efficient, and
environmentally sound marine transportation, and otherwise
fulfill the purposes of this Act,'';
(B) in paragraph (1) by striking ``data;'' and inserting
``data and provide hydrographic services;'';
(2) by amending subsection (b) to read as follows:
``(b) Authorities.--To fulfill the data gathering and
dissemination duties of the Administration under the Coast
and Geodetic Survey Act, promote safe, efficient, and
environmentally sound marine transportation, and otherwise
fulfill the purposes of this Act, subject to the availability
of appropriations--
``(1) the Administrator may procure, lease, evaluate, test,
develop, and operate vessels, equipment, and technologies
necessary to ensure safe navigation and maintain operational
expertise in hydrographic data acquisition and hydrographic
services;
``(2) the Administrator shall design, install, maintain,
and operate real-time hydrographic monitoring systems to
enhance navigation safety and efficiency;
``(3) where appropriate and to the extent that it does not
detract from the promotion of safe and efficient navigation,
the Administrator may acquire hydrographic data and provide
hydrographic services to support the conservation and
management of coastal and ocean resources;
``(4) where appropriate, the Administrator may acquire
hydrographic data and provide hydrographic services to save
and protect life and property and support the resumption of
commerce in response to emergencies, natural and man-made
disasters, and homeland security and maritime domain
awareness needs, including obtaining Mission Assignments as
defined in section 741 of title 6, United States Code;
``(5) the Administrator shall have the authority to create,
support and maintain such joint centers, and to enter into
and perform such contracts, leases, grants, or cooperative
agreements as may be necessary to carry out the purposes of
this Act;
``(6) notwithstanding paragraph (5), the Administrator may
award contracts for the acquisition of hydrographic data in
accordance with title IX of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 1101 et
seq.).''.
SEC. 6. CHANGES TO QUALITY ASSURANCE PROGRAM.
Section 305 of the Hydrographic Services Improvement Act of
1998 (33 U.S.C. 892b), as redesignated by section 2, is
amended in subsections (b)(1)(A) and (b)(2) by striking
``303(a)(3)'' and inserting ``304(a)(3)''.
SEC. 7. CHANGES IN HYDROGRAPHIC SERVICES REVIEW PANEL.
Section 306 of the Hydrographic Services Improvement Act of
1998 (33 U.S.C. 892c), as redesignated by section 2, is
amended--
(1) in subsection (b)(1) by striking ``303'' and inserting
``304'';
(2) by amending subsection (c)(1)(A) to read as follows:
``(A) The panel shall consist of 15 voting members who
shall be appointed by the Administrator. The Co-directors of
the Joint Hydrographic Institute and no more than two
employees of the National Oceanic and Atmospheric
Administration appointed by the Administrator shall serve as
nonvoting members of the panel. The voting members of the
panel shall be individuals who, by reason of knowledge,
experience, or training, are especially qualified in one or
more of the disciplines and fields relating to hydrographic
data and hydrographic services, as defined in this Act, and
other disciplines as determined appropriate by the
Administrator.'';
(3) in subsections (c)(1)(C), (c)(3), and (e) by striking
``Secretary'' and inserting ``Administrator''; and
(4) by amending subsection (d) to read as follows:
``(d) Compensation.--Voting members of the panel shall be
reimbursed for actual and reasonable expenses, such as travel
and per diem, incurred in the performance of such duties.''.
SEC. 8. CHANGES TO AUTHORIZATION OF APPROPRIATIONS.
Section 307 of the Hydrographic Services Improvement Act of
1998 (33 U.S.C. 892d), as redesignated by section 2, is
amended to read as follows:
``There are authorized to be appropriated to the
Administrator $168,771,000 in fiscal year 2008 and thereafter
such sums as may be necessary for each of fiscal years 2009
through 2012 for the purposes of carrying out this Act.''.
____________________