[Congressional Record Volume 153, Number 150 (Thursday, October 4, 2007)]
[Senate]
[Pages S12776-S12786]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. JOHNSON (for himself, Ms. Murkowski, Mr. Brown, Mr.
Durbin, Ms. Landrieu, and Mrs. Murray):
S. 2141. A bill to amend the Public Health Service Act to reauthorize
and extend the Fetal Alcohol Syndrome prevention and services program,
and for other purposes; to the Committee on Health, Education, Labor,
and Pensions.
Mr. JOHNSON. Mr. President, today I join Senators Brown, Durbin,
[[Page S12777]]
Landrieu, Murkowski and Murray in introducing the Advancing FASD
Research, Prevention, and Services Act. I thank them for joining me in
this important effort to improve the surveillance, identification, and
prevention of Fetal Alcohol Syndrome Disorders, or FASD.
During the course of my career, I have admired people who struggle
with the affects of a Fetal Alcohol Spectrum Disorder and watched with
deep respect as their families struggle to help them succeed. Through
no fault of their own, these FASD-affected individuals face a lifetime
of cognitive, physical, and emotional challenges, including severe
learning disabilities, physical abnormalities, costly medical bills,
and behavioral impairments. However, we have an opportunity to help
people with an FASD overcome many of these challenges with appropriate
health, education, judicial, and housing services. As with other
disabilities, by investing a small amount of money, we can ensure that
FASD-affected individuals have the resources they need to succeed in
school, work and life.
Fetal Alcohol Spectrum Disorders are estimated to affect 1 in 100
live births, or more than 40,000 infants, each year. Researchers
estimate that one percent of our population lives with an FASD, which
is more than 3 million Americans. In my home State of South Dakota,
approximately 7,819 individuals are suspected of having an FASD.
The costs of this completely preventable condition to our country are
staggering. According to the University of South Dakota Sanford School
of Medicine's Center for Disabilities, the lifetime cost for an
individual with Fetal Alcohol Syndrome, the most severe of disorders in
this spectrum, is over $2 million. The annual cost of FASD to South
Dakota, including medical treatment, special education services, and
home and residential care, is estimated to be $18 million. Nationally,
the cost for these services will approach $6 billion this year alone,
but neither of these estimates include the economic costs of lost
productivity.
While there is no known cure, FASD is entirely preventable, and this
bill seeks a balance between directing federal resources to prevention
activities and to services for individuals living with FASD and their
families. This bill focuses provision of services in areas where FASD
affected individuals are already receiving help. In South Dakota, more
than 60 percent of people diagnosed with an FASD lived within a foster
care home for some part of their lives. With that in mind, our bill
works to train foster care workers and foster parents on how to best
communicate with and serve children living with FASD.
Furthermore, it is estimated that 60 percent of individuals with FASD
will spend some time in a correctional institution or mental health
facility during their lives. Most individuals with FASD will commit
their first crime between the ages of 9 and 14. To that end, our bill
will provide health care and judicial system workers with the resources
they need to work with and understand FASD-affected individuals when
they encounter them in health care settings or the court system.
All of these unfortunate statistics compel me to join with my
colleagues to offer a comprehensive approaching to preventing FASD,
advancing research to learn more about FASD, and increasing provision
of services to those living with FASD and their families. While we have
increased awareness about the dangers of consuming alcohol during
pregnancy, we clearly have much more work to do as we strive to reach
the goal of eliminating the negative effects of prenatal alcohol
exposure.
In my home State of South Dakota, we have had great successes in
working on this issue. With the leadership of the health professionals
at our esteemed universities, parents, and teachers, among countless
others, we have made some important progress in addressing FASD. This
legislation will bolster the efforts of these dedicated South Dakotans
and many others across the country who are working hard to prevent FASD
and support the children and families living with its consequences.
This bill will provide much needed support in the areas of research
and prevention. This legislation requires the National Institutes of
Health to develop a research agenda focusing on the most promising
avenues research in diagnosis, intervention, and prevention, as well as
factors that may mitigate the effects of fetal alcohol exposure.
This bill will also make available grants to federally qualified
health centers to implement and evaluate programs to increase awareness
and identification of FASD in those settings.
Participating health centers will be able to provide training to
health care providers on identifying and educating women who are at
risk for alcohol consumption during pregnancy and on screening children
for FASD.
Another provision in this bill will create public awareness and
education campaigns in at-risk areas in order to further the prevention
of this disease. This bill will authorize the development and broadcast
of national public service announcements to raise public awareness of
the risks associated with alcohol consumption during pregnancy.
Recognizing that the consequences of FASD are not just health-
related, the bill promotes prevention, intervention and services within
the education and judicial systems. This legislation provides teachers
with resources to educate and support children with FASD. The bill
seeks to involve everyone who might encounter an FASD-affected person
in the judicial system, including judges, attorneys, probation
officers, law enforcement officers, and many others, and works to train
them in communicating with and supporting individuals with FASD.
Again, I am so pleased to be introducing this bill with my colleagues
and encourage all of our colleagues to consider supporting this bill. I
would also like to take a moment to thank Senator Daschle for his
leadership on FASD. His commitment to combating this illness is still
present in South Dakota and in the lives of those who battle FASD every
day.
______
By Mr. KOHL (for himself, Mr. Feingold, Mr. Tester, Mr. Sanders,
Mr. Kerry, Mr. Durbin, Mr. Obama, Mr. Bingaman, and Mr.
Domenici):
S. 2143. A bill to amend the Elementary and Secondary Education Act
to establish a program to improve the health and education of children
through grants to expand school breakfast programs, and for other
purposes; to the Committee on Agriculture, Nutrition, and Forestry.
Mr. FEINGOLD. Mr. President, today I join Senator Kohl in introducing
the Student Breakfast and Education Improvement Act as part of my
continued efforts to improve our nation's schools. I am pleased to be
working with the senior Senator from Wisconsin, who has been a longtime
leader in this area. As far back as 1999, he has sponsored legislation
to support breakfast programs, and he has continued his support through
his work on the Agriculture Appropriations Committee since then.
One often overlooked part of student classroom performance is
nutrition and hunger, which can have a tremendous impact on students. I
know many of my colleagues share my support for school programs that
help alleviate hunger for the most in-need students, such as the Free
and Reduced Price Lunch Program, as well as those programs that provide
healthier food, such as the Fresh Fruit and Vegetable Snack and Farm-
to-Cafeteria programs.
I am sure that I am not the only member of this body who grew up
hearing that breakfast is the most important meal of the day. When I
talk to my colleagues and constituents about our proposal and the
importance of breakfast and learning, it is not a hard sell. People
understand immediately why this issue matters.
Unfortunately, too many children go hungry and too many parents have
to choose between giving their children lunch or breakfast, even if
they get the help of reduced price meals.
The Student Breakfast and Education Improvement Act would provide
grants for schools wishing to begin or expand universal school
breakfast programs. Studies show that kids who eat breakfast perform
better in school and on tests, and they tend to be less disruptive to
the class, and I have heard many stories from teachers, school nurses,
and other school officials over the years to confirm this. In fact,
last
[[Page S12778]]
year in my home State of Wisconsin, with the support of Senator Kohl,
the Milwaukee Public Schools worked with the Hunger Task Force to
implement universal school breakfast programs in more than 60 schools.
This program, which has expanded in its second year, has proven popular
with students, teachers, and parents.
We are set to debate the reauthorization of the No Child Left Behind
Act, NCLB, later this year. NCLB was the 2002 reauthorization of the
Elementary and Secondary Education Act, ESEA, of 1965. NCLB set the
important goal of closing the achievement gap that exists in our
nation's schools. I disagree with some of the methods that NCLB
employs, including relying primarily on high-stakes standardized tests
to measure students and schools, but I strongly agree that the
achievement gap needs to be closed. The latest scores from the National
Assessment on Educational Progress NAEP were released last week and the
scores show we have a very long way to go before we close that
achievement gap in many States, including in my State of Wisconsin.
There are a variety of education reforms that need to be pursued at
the federal, state, and local level in order to close the achievement
gap. One step Congress can take is to support programs to
comprehensively address the needs of children, including their
nutrition, health, and social needs. Our Student Breakfast and
Education Improvement Act is legislation that is designed to help
address some of those needs. Too many students in some of our nation's
most disadvantaged schools walk into school in the morning hungry, or
eat junk food for their breakfast. By working to provide these students
with access to a nutritious breakfast, we are telling these students
that we value them and that we want to help them achieve all that they
can in school. Much more needs to be done to address other needs of our
students, but this bill is a step in the right direction.
Our legislation would target the schools most in need, those with 65
percent more of students eligible for the free and reduced price lunch
program, with the funds necessary to implement a universal free
breakfast program. The grants, which could be used in a number of ways,
aim to help schools overcome the numerous barriers to creating a
universal school breakfast program. In fiscal year 2006, 10 million
more students participated in free and reduced price lunch than
breakfast. This disparity is troubling to me and many others.
Our bill would work with existing meal programs, not replace them.
Provision 2 of Section 11(a)(l) of the National School Lunch Act allows
schools to establish their free and reduced meal rates for a 4 year
period if they serve all meals at no charge. The combination of not
having to collect free and reduced price information from students
annually, and not having to collect daily meal money from students,
results in significant administrative savings. While schools
participating under Provision 2 must cover the lost revenue from the
reduced and full price meal costs, for the high-needs schools such as
those targeted by this program, the typically higher participation rate
also means the school can benefit from some economies of scale and
receive a better price for the food. The grants this bill would provide
would help schools make the initial investments needed to establish a
universal breakfast program and make up for the lost revenue.
Some universal breakfast programs, like the one I mentioned in
Milwaukee, have demonstrated that universal free breakfast programs
create an economy of scale that actually makes the cost per student
lower. The Milwaukee program served breakfast in the classroom, which,
according to teachers and others involved, further improved the economy
of the program, as well as the positive impact of breakfast on
students' attention.
While our bill has some preferences, including a target for the
poorest schools, it is important to note that it has tremendous
flexibility for the states and school districts. Schools will be able
to tailor their universal breakfast programs to the needs of their own
students. It also gives schools the option of purchasing locally grown
foods and linking with local farmers, which provide excellent
opportunities for nutrition lessons and can even be incorporated into
other subjects such as science and math.
This bill is just a start; much more should be done to increase
participation in breakfast programs and provide schools with the
ability and resources to design programs that address the needs of
their students and communities. Our bill does not intend to replace
broader efforts, but rather to provide some immediate assistance for
the schools most in need. Furthermore, by including a reporting
requirement and encouraging researchers to study the effectiveness of
the funded programs in improving student learning, this legislation
would provide useful evidence about the need for broader investment and
how to ensure those resources are best spent.
I would like to thank Senators Tester, Sanders, Kerry, Durbin, Obama,
Bingaman, and Domenici for their support for this legislation. The
Student Breakfast and Education Improvement Act is also supported by
the Hunger Task Force, Community Food Security Coalition, the School
Social Work Association of America and the Wisconsin School Social
Workers Association. I look forward to working with my colleagues to
provide breakfast to more in-need students.
______
By Mr. COLEMAN (for himself, Mr. Salazar, Ms. Murkowski, Ms.
Landrieu, Mr. Thune, Mr. Johnson, Mr. Warner, Mr. Lieberman,
Mr. Martinez, and Mr. Bunning):
S. 2144. A bill to require the Secretary of Energy to conduct a study
of feasibility relating to the construction and operation of pipelines
and carbon dioxide sequestration facilities, and for other purposes; to
the Committee on Energy and Natural Resources.
Mr. COLEMAN. 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. 2144
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 ``Carbon Dioxide Pipeline
Study Act of 2007''.
SEC. 2. STUDY OF FEASIBILITY RELATING TO CONSTRUCTION AND
OPERATION OF PIPELINES AND CARBON DIOXIDE
SEQUESTRATION FACILITIES.
(a) In General.--The Secretary of Energy (referred to in
this section as the ``Secretary''), in coordination with the
Federal Energy Regulatory Commission, the Secretary of
Transportation, the Administrator of the Environmental
Protection Agency, and the Secretary of the Interior, shall
conduct a study to assess the feasibility of the construction
and operation of--
(1) pipelines to be used for the transportation of carbon
dioxide for the purpose of sequestration or enhanced oil
recovery; and
(2) carbon dioxide sequestration facilities.
(b) Scope.--In conducting the study under subsection (a),
the Secretary shall consider--
(1) any barrier or potential barrier in existence as of the
date of enactment of this Act, including any technical,
siting, financing, or regulatory barrier, relating to the
construction and operation of--
(A) pipelines to be used for the transportation of carbon
dioxide for the purpose of sequestration or enhanced oil
recovery; or
(B) carbon dioxide sequestration facilities;
(2) any market risk (including throughput risk) relating to
the construction and operation of--
(A) pipelines to be used for the transportation of carbon
dioxide for the purpose of sequestration or enhanced oil
recovery; or
(B) carbon dioxide sequestration facilities;
(3) any regulatory, financing, or siting option that, as
determined by the Secretary, would--
(A) mitigate any market risk described in paragraph (2); or
(B) help ensure the construction of pipelines dedicated to
the transportation of carbon dioxide for the purpose of
sequestration or enhanced oil recovery;
(4) the means by which to ensure the safe handling,
transportation, and sequestration of carbon dioxide;
(5) any preventive measure to ensure the integrity of
pipelines to be used for the transportation of carbon dioxide
for the purpose of sequestration or enhanced oil recovery;
and
(6) any other appropriate issue, as determined by the
Secretary.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report describing the results of the study.
______
By Mr. SMITH (for himself, Mr. Johnson, and Mr. Dorgan):
[[Page S12779]]
S. 2145. A bill to amend the Indian Health Care Improvement Act to
ensure that Indian veterans are not liable for certain health care
payments; to the Committee on the Judiciary.
Mr. SMITH. Mr. President, I rise today to introduce the American
Indian Veteran Health Care Improvement Act, along with Senators Johnson
and Dorgan. This legislation would encourage collaborations between the
Department of Health and Human Services, HHS, and the Department of
Veterans Affairs, VA, which would result in greater access to health
care services for American Indian and Alaska Native, AI/AN, veterans of
federally-recognized tribes. This legislation also would ensure that
these AI/AN veterans eligible for VA health care benefits delivered by
the Indian Health Service, IHS, an Indian tribe, or tribal
organizations will not be liable for any out of pocket expenses.
American Indians and Alaska Natives have a long history of exemplary
military service to the United States. They have volunteered to serve
their country at a higher percentage in all of Americas' wars and
conflicts than any other ethnic group on a per capita basis. As a
result, they have a wide range of combat related health care needs. AI/
AN veterans may be eligible for health care from Veterans Health
Administration, VHA, or from IHS or both. Despite this dual
eligibility, AI/AN veterans report the highest rate of unmet health
care needs among veterans and exhibit high rates of disease risk
factors.
On February 25, 2003, the HHS and the VA entered into a Memorandum of
Understanding, MOU, to encourage cooperation and resource sharing
between the IHS and the VHA. The goal of the MOU is to use the
strengths and expertise of both organizations to increase access,
deliver quality health care services and enhance the health status of
AI/AN veterans. These collaborations are designed to improve
communication between the agencies and tribal governments, and to
create opportunities to develop strategies for sharing information
services and technology. The technology sharing includes the VA's
electronic medical record system, bar code medication administration
and telemedicine. Also, the VA and the IHS cosponsor continuing medical
training for their health care staffs. The MOU encourages VA, tribal,
and IHS programs to collaborate in numerous ways at the local level.
These services may include referrals for specialty care at a VA
facility, prescriptions offered by the VA, and testing not offered by
IHS.
At the local level, many partnerships are being formed among the IHS,
VA, and tribal governments to identify local needs and develop local
solutions. These local needs may include VA enrollment, initial
screenings, and other health care services. The anticipated product of
these collaborations is to ensure that quality health care is provided
to all eligible AI/AN veterans. In my State, the Portland VA Medical
Center and the Portland Area Office-IHS are working on a local MOU for
the purpose of improving access to VA health care services for eligible
AI/AN veterans. The Warms Springs Confederated Tribes have been
instrumental in developing this agreement based on the needs of and by
AI veterans on the Warm Springs Reservation. These veterans often are
eligible for health benefits from both VA and IHS and it is their
intended purpose to make care more seamless, thereby improving access
and quality.
Based on the Federal Government's trust responsibility for Indian
tribes, eligible Indians receive free IHS health services regardless of
their ability to pay. Unlike the IHS, the VA imposes cost-sharing on
certain beneficiaries. This bill would alleviate eligible AI/AN
veterans' responsibility for any VA-related expenses when care is
delivered through the IHS.
In November 2001, President George W. Bush proclaimed National
American Indian Heritage Month by celebrating the role of the
indigenous peoples of North America in shaping our Nation's history and
culture. He said, ``American Indian and Alaska Native cultures have
made remarkable contributions to our national identity. Their unique
spiritual, artistic, and literary contributions, together with their
vibrant customs and celebrations, enliven and enrich our land.''
An important part of the overall contribution of AI/AN peoples to our
Nation is the part they play in protecting and preserving our freedoms.
Their contributions to our armed forces have been made throughout our
history. I am hopeful that the VA and the IHS will continue to work
together to deliver health care services to our Nation's AI/AN veterans
that they so deserve. I look forward to hearing about more of these
partnership projects, and to learn of their successes.
I look forward to working with my colleagues, Senator Johnson and
Senator Dorgan, and I urge my colleagues to join us in support of this
legislation.
______
By Mr. AKAKA:
S. 2148. A bill to provide for greater diversity within, and to
improve policy direction and oversight of, the Senior Executive
Service; to the Committee on Homeland Security and Governmental
Affairs.
Mr. AKAKA. Mr. President, I wish to join my colleague in the House,
Congressman Danny Davis, to introduce the Senior Executive Service
Diversity Assurance Act to improve the management of the Senior
Executive Service, SES, and enhance its diversity.
For years we have known that the Federal SES does not reflect the
diversity of our Nation. The Government Accountability Office released
reports in 2003 and 2007 showing that the percentages of minorities in
the SES are inconsistent from agency to agency and not reflective of
the diversity of the potential pool of applicants.
While we have seen some gains in the area of women in senior
positions, the 28 percent of women in the SES is far less than the
national average. And for minorities in senior level career positions,
the gap is worse. Twenty-one percent of the potential applicants are
racial and ethnic minorities while only 16 percent of the entire SES
are minorities.
As agencies think about the next generation of SES, it is important
to be reminded of the need to recruit a talented and diverse pool of
candidates in order to bring fresh perspectives into our Government's
leadership roles. In serving the diverse population of America, we need
diverse leaders to improve the way the Federal workforce serves our
country.
It is well known that the Federal Government is facing an impending
retirement wave. Ninety percent of senior level employees will be
eligible for retirement in the next 10 years. Federal agencies need to
prepare for the next generation of leaders and in the process actively
recruit diverse talent. I believe that mentoring is an excellent way to
do that. This bill requires the establishment of an SES mentorship
program. Qualified senior executives would be paired up with other
talented women, racial and ethnic minorities, and disabled persons to
mentor them in the hopes of cultivating a diverse pool of applicants
for SES positions.
The Senior Executive Service Diversity Assurance Act also establishes
an office of senior executive resources to improve overall efficiency
and diversity by bringing together all the SES policy development and
implementation functions at the Office of Personnel Management.
The bill also establishes evaluation panels made up of women and
minorities to review incoming applications for SES positions and pass
along recommendations of the qualified candidates to the Executive
Review Board.
The standards are high for entry into the SES, and I believe that
this bill continues that tradition and will improve the overall
diversity in our highly talented executive workforce.
America is a nation of many different races and backgrounds. Every
year, the diverse heritage of America continues to grow, and our
communities benefit from the addition of those cultures. New cultures
bring new ideas, and in our civil service--America's workforce--we need
leadership that reflects those varied cultures and backgrounds.
I believe this bill lays the framework for bringing these new ideas
and different populations into Federal leadership. I hope to see
improvements in the representation of women, racial and ethnic
minorities, and the disabled in the SES.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
[[Page S12780]]
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2148
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 ``Senior Executive Service
Diversity Assurance Act''.
SEC. 2. SENIOR EXECUTIVE SERVICE RESOURCE OFFICE.
(a) Definitions.--For purposes of this section--
(1) the term ``Director'' means the Director of the Office
of Personnel Management;
(2) the term ``Senior Executive Service'' has the meaning
given such term by section 2101a of title 5, United States
Code;
(3) the terms ``agency'', ``career appointee'', and
``career reserved position'' have the meanings given them by
section 3132 of title 5, United States Code; and
(4) the term ``SES Resource Office'' means the Senior
Executive Service Resource Office, established under
subsection (b).
(b) Establishment.--Not later than January 1, 2009, the
Director shall establish within the Office of Personnel
Management an office to be known as the Senior Executive
Service Resource Office. The mission of the SES Resource
Office shall be--
(1) to improve the efficiency, effectiveness, and
productivity of the Senior Executive Service through policy
formulation and oversight;
(2) to advance the professionalism of the Senior Executive
Service; and
(3) to ensure that, in seeking to achieve a Senior
Executive Service reflective of the Nation's diversity,
recruitment is from qualified individuals from appropriate
sources.
(c) Functions.--It shall be the function of the SES
Resource Office to make recommendations to the Director with
respect to regulations, and to provide guidance to agencies,
concerning the structure, management, and diverse composition
of the Senior Executive Service. In order to carry out the
purposes of this section, the SES Resource Office shall--
(1) take such actions as the SES Resource Office considers
necessary to manage and promote an efficient, elite, and
diverse corps of senior executives by--
(A) creating policies for the management and improvement of
the Senior Executive Service;
(B) providing oversight of the performance, structure, and
composition of the Senior Executive Service; and
(C) providing guidance and oversight to agencies in the
management of senior executives and candidates for the Senior
Executive Service;
(2) be responsible for the policy development, management,
and oversight of the Senior Executive Service pay system;
(3) develop standards for certification of each agency's
Senior Executive Service performance management system and
evaluate all agency applications for certification;
(4) be responsible for developing and monitoring programs
for the advancement and training of senior executives,
including the Senior Executive Service Federal Candidate
Development Program;
(5) provide oversight of and guidance to agency executive
resources boards;
(6) be responsible for the administration of the
qualifications review board;
(7) establish and maintain lists (in a form that renders
them useful to appointing authorities and candidates) of--
(A) the total number of career reserved positions at each
agency;
(B) the total number of vacant career reserved positions at
each agency;
(C) whether candidates are being sought for each such
vacant position; and
(D) the names and (to the extent available) the race,
ethnicity, gender, and any disabilities of individuals who
have been certified, in accordance with section 3393(d) of
title 5, United States Code (as so redesignated by section
3(a)), as having the executive qualifications necessary for
initial appointment as a career appointee;
(8) establish mentoring programs for individuals described
in paragraph (7)(D);
(9) collect and maintain statistics relating to the
composition of the Senior Executive Service based on race,
ethnicity, gender, age, and persons with disabilities;
(10) publish annually in the Federal Register statistics
relating to--
(A) the data collected by the SES Resource Office under
paragraph (7); and
(B) the composition of the Senior Executive Service based
on the factors listed in paragraph (7)(D); and
(11) conduct a continuing program for the recruitment of
women, members of racial and ethnic minority groups, and the
disabled for Senior Executive Service positions, with special
efforts directed at recruiting from educational institutions,
professional associations, and other sources.
(d) Public Access to Statistics.--The SES Resource Office
shall make the statistics under subsection (c)(10) accessible
to the public through an Internet website.
SEC. 3. CAREER APPOINTMENTS.
(a) Establishment and Role of SES Evaluation Panels.--
Section 3393 of title 5, United States Code, is amended--
(1) by redesignating subsections (b) through (g) as
subsections (c) through (h), respectively; and
(2) by inserting after subsection (a) the following:
``(b)(1)(A) Each agency shall establish one or more Senior
Executive Service evaluation panels, as appropriate, the
members of which shall be appointed by the head of the agency
(or his or her designee)--
``(i) from among senior executives of the agency or
commissioned officers of the uniformed services serving on
active duty in such agency; or
``(ii) from among senior executives of or commissioned
officers of the uniformed services serving on active duty in
another agency, if--
``(I) subparagraph (B) could not (but for this clause)
otherwise be satisfied; and
``(II) the consent of the head of the other agency is
obtained.
``(B) Each panel shall consist of 3 members, of whom at
least 1 shall be a woman and 1 other shall be a member of a
racial or ethnic minority group.
``(2) It shall be the function of a Senior Executive
Service evaluation panel, with respect to any Senior
Executive Service position for which a vacancy announcement
is posted--
``(A) to review the executive qualifications of each
candidate for a position which is to be filled by a career
appointee; and
``(B) to certify to the appropriate executive resources
board the names of candidates who, in the judgment of the
panel, are best qualified for such position.
Nothing in subparagraph (A) shall be considered to apply in
the case of any candidate who is already a career
appointee.''.
(b) Role of Executive Resources Boards.--Paragraph (1) of
section 3393(c) of title 5, United States Code (as so
redesignated by subsection (a)), is amended to read as
follows:
``(1) for each career reserved position for which a vacancy
is posted, review the executive qualifications of candidates
certified under subsection (b) with respect to such position;
and''.
(c) Definition of Appointing Authority.--Section 3393 of
title 5, United States Code, is amended by adding after
subsection (h) (as so redesignated by subsection (a)) the
following:
``(i) For purposes of this section, the term `appointing
authority' means, with respect to a position within an
agency, the head of such agency (or his or her designee).''.
(d) Technical and Conforming Amendments.--
(1) Section 3592(a)(1) of title 5, United States Code, is
amended by striking ``3393(d)'' and inserting ``3393(e)''.
(2) Section 3593 of such title is amended--
(A) in subsection (a)--
(i) in the matter before paragraph (1), by striking
``3393(b) and (c)'' and inserting ``3393(c) and (d)''; and
(ii) in paragraph (1), by striking ``3393(d)'' and
inserting ``3393(e)''; and
(B) in subsection (c)(1)--
(i) in the matter before subparagraph (A), by striking
``3393(b) and (c)'' and inserting ``3393(c) and (d)''; and
(ii) in subparagraph (C), by striking ``3393(d)'' and
inserting ``3393(e)''.
(3) Section 3594 of such title is amended in subsections
(a) and (b) by striking ``3393(d)'' and inserting
``3393(e)''.
(4) Section 3595(b)(1) of such title is amended by striking
``3393(d)'' and inserting ``3393(e)''.
(5) Section 7541(1)(A) of such title is amended by striking
``3393(d)'' and inserting ``3393(e)''.
______
By Mr. REED:
S. 2153. A bill to amend the Truth in Lending Act to enhance
disclosure of the terms of home mortgage loans, and for other purposes;
to the Committee on Banking, Housing, and Urban Affairs.
Mr. REED. Mr. President, today I introduce the Mortgage Disclosure
Improvement Act of 2007. This bill will improve the loan disclosures
given to homebuyers not only when they apply for a mortgage, but also
when they refinance their home.
As we are all too aware, the percentage of loans entering foreclosure
is at its highest level in 55 years. According to RealtyTrac, there
were 1.2 million foreclosures reported nationwide last year, up 42
percent from 2005. Many of these Americans going into foreclosure took
out exotic adjustable rate and payment option loans which are now
resetting to new, much higher monthly payments. Many of these consumers
never understood how these loan products worked or how high their
payments would be once these loans reset.
The Mortgage Disclosure Improvement Act of 2007 would for the first
time require that the maximum payment that a consumer has to make on a
mortgage be disclosed, not only at application, but also seven days
before closing. If these disclosures are not made or are made
inaccurately, then lenders will be subject to statutory damages. In
addition to requiring lenders to disclose the maximum payment under the
loan, they will now have to provide consumers who apply for adjustable
rate or variable payment loans with a warning that the payments will
change, depending on the interest rate.
[[Page S12781]]
In addition, this bill would require lenders to give firm disclosure
regarding the terms of the mortgage not only within three days of
application for the loan, but also at least seven days before closing.
Lenders also will now need to include a statement that the consumer is
not obligated on the mortgage loan just because they have received the
disclosures. This will give consumers the opportunity to truly shop
around for the best mortgage terms for the first time ever. They will
be able to compare the payments and costs associated with a certain
loan product, and decide not to sign on the dotted line if they do not
like the basic terms of the loan.
Finally, the bill clarifies that lenders are subject to statutory
damages for violations of Truth in Lending disclosure provisions,
increases the damages for mortgage violations from $2,000 to $5,000 per
violation, and requires that mortgage disclosures be made within the
stated time frames.
The increasing rate of foreclosures across the country is troubling.
Not only are individual families losing their homes and their financial
nest eggs, but there is a negative ripple effect across communities and
the economy. Although improved TILA disclosures are only a small part
of what Congress needs to do in the upcoming year, I believe that
giving consumers the information they need regarding the maximum
payments they might have to pay under the terms of a loan is an
important and vital part of improving the process. Borrowers need to
better understand the full financial impact of entering into a
particular loan early in the loan decision process, and also before
they actually consummate the loan. I hope my colleagues will join me in
supporting this bill and other efforts to help improve the mortgage
financing process.
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. 2153
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 ``Mortgage Disclosure
Improvement Act of 2007''.
SEC. 2. ENHANCED MORTGAGE LOAN DISCLOSURES.
Section 128(b)(2) of the Truth in Lending Act (15 U.S.C.
1638(b)(2)) is amended--
(1) by inserting ``(A)'' before ``In the'';
(2) by striking ``a residential mortgage transaction, as
defined in section 103(w)'' and inserting ``any extension of
credit that is secured by the dwelling of a consumer'';
(3) by striking ``shall be made in accordance'' and all
that follows through ``extended, or'';
(4) by striking ``If the'' and all that follows through the
end of the paragraph and inserting the following:
``(B) In the case of an extension of credit that is secured
by the dwelling of a consumer, in addition to the other
disclosures required by subsection (a), the disclosures
provided under this paragraph shall--
``(i) state in conspicuous type size and format, the
following: `You are not required to complete this agreement
merely because you have received these disclosures or signed
a loan application.'; and
``(ii) be furnished to the borrower not later than 7
business days before the date of consummation of the
transaction, and at the time of consummation of the
transaction, subject to subparagraph (D).
``(C) In the case of an extension of credit that is secured
by the dwelling of a consumer, under which the annual rate of
interest is variable, or with respect to which the regular
payments may otherwise be variable, in addition to the other
disclosures required by subsection (a), the disclosures
provided under this paragraph shall--
``(i) label the payment schedule as follows: `Payment
Schedule: Payments Will Vary Based on Interest Rate Changes';
and
``(ii) state the maximum amount of the regular required
payments on the loan, based on the maximum interest rate
allowed, introduced with the following language in
conspicuous type size and format: `Your payment can go as
high as [___]', the blank to be filled in with the maximum
possible payment amount.
``(D) In any case in which the disclosure statement
provided 7 business days before the date of consummation of
the transaction contains an annual percentage rate of
interest that is no longer accurate, as determined under
section 107(c), the creditor shall furnish an additional,
corrected statement to the borrower, not later than 3
business days before the date of consummation of the
transaction.''.
SEC. 3. CIVIL LIABILITY.
Section 130(a) of the Truth in Lending Act (15 U.S.C.
1640(a)) is amended--
(1) in paragraph (2)(A)(iii), by striking ``not less than
$200 or greater than $2,000'' and inserting ``$5,000, such
amount to be adjusted annually based on the consumer price
index, to maintain current value''; and
(2) in the penultimate sentence of the undesignated matter
following paragraph (4)--
(A) by striking ``only for'' and inserting ``for'';
(B) by striking ``section 125 or'' and inserting ``section
122, section 125,'';
(C) by inserting ``or section 128(b),''after ``128(a),'';
and
(D) by inserting ``or section 128(b)'' before the period.
______
Mr. BINGAMAN (for himself, Mr. Domenici, Ms. Cantwell, and Mr.
Johnson):
S. 2156. A bill to authorize and facilitate the improvement of water
management by the Bureau of Reclamation, to require the Secretary of
the Interior and the Secretary of Energy to increase the acquisition
and analysis of water resources for irrigation, hydroelectric power,
municipal, and environmental uses, and for other purposes; to the
Committee on Energy and Natural Resources.
Mr. BINGAMAN. Mr. President, today I am introducing a bill entitled
the SECURE Water Act, Science and Engineering to Comprehensively
Understand and Responsibly Enhance Water Act to address some of the
serious water-related challenges facing this country. My colleagues
Senator Domenici, Senator Cantwell, and Senator Johnson are
cosponsoring this measure and I am pleased to have their support.
Water resource issues are putting State and local water managers to
the test in all areas of the country. In the western U.S., these
challenges are exacerbated due to drought, population increases,
environmental needs, and climate change, all of which are affecting the
sustainability of water supplies. Much needs to be done to ensure that
sufficient quantities of water of adequate quality are available to
meet the basic needs of our citizens, as well as sustaining important
economic and environmental uses.
As the intense competition for limited water supplies increases, more
refined water management strategies are necessary. One way to improve
in this area is to improve the nationwide data collection and
monitoring activities associated with water. The SECURE Water Act will
do this by requiring an expansion of the National Streamflow
Information Program and the development of a systematic groundwater
monitoring program. The bill also directs the U.S. Geological Survey to
formally establish a water use and availability assessment program
consistent with recommendations made by the National Research Council.
Better data will lead to better modeling and improved decisionmaking by
State, local, and Federal water managers.
Another area needing more attention concerns the impacts of global
climate change on water resources. Already well-documented is the fact
that increasing temperatures are resulting in less snowpack and more
rain in many regions, and changing the timing of snow-melt runoff.
Moreover, at a recent hearing on climate change and water held by the
Energy and Natural Resources Committee, the USGS indicated that current
climate models are also projecting a long-term drying trend in the
Southwest--the fastest growing region in the country. Fully
understanding and adapting to these long-term impacts is imperative to
the health and well-being of many communities. The SECURE Water Act
directs the Secretary of the Interior to establish an Intra-
Governmental Panel to help make the link between the scientific
community and water managers to improve water availability forecasts
and to implement adaptation strategies. The bill also requires the
Bureau of Reclamation to initiate a climate change adaptation program
to develop strategies and conduct feasibility studies to address water
shortages, conflicts, and other impacts to water users and the
environment. In addition, both Reclamation and the Department of Energy
are directed to assess the effects of climate change on the water
supplies needed for hydropower production, which represents the source
of at least 7 percent of the Nation's electricity supply.
Finally, the SECURE Water Act recognizes that promoting the efficient
use of water is critical to respond to
[[Page S12782]]
any of the threats that may impact available supplies. Accordingly, the
Bureau of Reclamation is authorized to provide financial assistance to
States, tribes, and local entities to construct improvements or take
actions to increase water-use efficiencies that respond to drought,
climate change, or other water-related crises.
Of course, States bear the primary responsibility and authority for
managing water resources in this country. Nonetheless, given the
reality that adequate and safe water supplies are fundamental to the
health, economy, and ecology of the United States, it is imperative
that the Federal government be a strong partner in assisting State and
local communities to address present and future water supply
challenges. The SECURE Water Act was developed with this strong
partnership in mind. I look forward to starting the dialogue on this
important legislation and hope that my colleagues will ultimately
support its enactment.
Thank you for the opportunity to make these remarks. 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. 2156
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 ``Science
and Engineering to Comprehensively Understand and Responsibly
Enhance Water Act'' or the ``SECURE Water Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Climate change adaptation program.
Sec. 5. Water management improvement.
Sec. 6. Hydroelectric power assessment.
Sec. 7. Climate change and water intragovernmental panel.
Sec. 8. Water data enhancement by United States Geological Survey.
Sec. 9. Water use and availability assessment program.
Sec. 10. Effect.
SEC. 2. FINDINGS.
Congress finds that--
(1) adequate and safe supplies of water are fundamental to
the health, economy, security, and ecology of the United
States;
(2) systematic data-gathering with respect to, and research
and development of, the water resources of the United States
will help ensure the continued existence of sufficient
quantities of water to support--
(A) increasing populations;
(B) economic growth;
(C) irrigated agriculture;
(D) energy production; and
(E) the protection of aquatic ecosystems;
(3) global climate change poses a significant challenge to
the protection and use of the water resources of the United
States due to an increased uncertainty with respect to the
timing, form, and geographical distribution of precipitation,
which may have a substantial effect on the supplies of water
for agricultural, hydroelectric power, industrial, domestic
supply, and environmental needs;
(4) although States bear the primary responsibility and
authority for managing the water resources of the United
States, the Federal Government should support the States, as
well as regional, local, and tribal governments, by carrying
out--
(A) nationwide data collection and monitoring activities;
(B) relevant research; and
(C) activities to increase the efficiency of the use of
water in the United States;
(5) Federal agencies that conduct water management and
related activities have a responsibility--
(A) to take a lead role in assessing risks to the water
resources of the United States (including risks posed by
global climate change); and
(B) to develop strategies--
(i) to mitigate the potential impacts of each risk
described in subparagraph (A); and
(ii) to help ensure that the long-term water resources
management of the United States is sustainable and will
ensure sustainable quantities of water;
(6) it is critical to continue and expand research and
monitoring efforts--
(A) to improve the understanding of the variability of the
water cycle; and
(B) to provide basic information necessary--
(i) to manage and efficiently use the water resources of
the United States; and
(ii) to identify new supplies of water that are capable of
being reclaimed; and
(7) the study of water use is vital--
(A) to the understanding of the impacts of human activity
on water and ecological resources; and
(B) to the assessment of whether available surface and
groundwater supplies will be available to meet the future
needs of the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Advisory committee.--The term ``Advisory Committee''
means the National Advisory Committee on Water Information
established--
(A) under the Office of Management and Budget Circular 92-
01; and
(B) to coordinate water data collection activities.
(3) Assessment program.--The term ``assessment program''
means the water availability and use assessment program
established by the Secretary under section 9(a).
(4) Climate division.--The term ``climate division'' means
1 of the 359 divisions in the United States that represents 2
or more regions located within a State that are as
climatically homogeneous as possible, as determined by the
Administrator.
(5) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(6) Director.--The term ``Director'' means the Director of
the United States Geological Survey.
(7) Eligible applicant.--The term ``eligible applicant''
means any State, Indian tribe, irrigation district, water
district, or other organization with water delivery
authority.
(8) Federal power marketing administration.--The term
``Federal Power Marketing Administration'' means--
(A) the Bonneville Power Administration;
(B) the Southeastern Power Administration;
(C) the Southwestern Power Administration; and
(D) the Western Area Power Administration.
(9) Hydrologic accounting unit.--The term ``hydrologic
accounting unit'' means 1 of the 352 river basin hydrologic
accounting units used by the United States Geological Survey.
(10) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(11) Major aquifer system.--The term ``major aquifer
system'' means a groundwater system that is--
(A) identified as a significant groundwater system by the
Director; and
(B) included in the Groundwater Atlas of the United States,
published by the United States Geological Survey.
(12) Major reclamation river basin.--
(A) In general.--The term ``major reclamation river basin''
means each major river system (including tributaries)--
(i) that is located in a service area of the Bureau of
Reclamation; and
(ii) at which is located a federally authorized project of
the Bureau of Reclamation.
(B) Inclusions.--The term ``major reclamation river basin''
includes--
(i) the Colorado River;
(ii) the Columbia River;
(iii) the Klamath River;
(iv) the Missouri River;
(v) the Rio Grande;
(vi) the Sacramento River;
(vii) the San Joaquin River; and
(viii) the Truckee River.
(13) Non-federal participant.--The term ``non-Federal
participant'' means--
(A) a State, regional, or local authority;
(B) an Indian tribe or tribal organization; or
(C) any other qualifying entity, such as a water
conservation district, water conservancy district, or rural
water district or association, or a nongovernmental
organization.
(14) Panel.--The term ``panel'' means the climate change
and water intragovernmental panel established by the
Secretary under section 7(a).
(15) Program.--The term ``program'' means the regional
integrated sciences and assessments program--
(A) established by the Administrator; and
(B) that is comprised of 8 regional programs that use
advances in integrated climate sciences to assist
decisionmaking processes.
(16) Secretary.--
(A) In general.--Except as provided in subparagraph (B),
the term ``Secretary'' means the Secretary of the Interior.
(B) Exceptions.--The term ``Secretary'' means--
(i) in the case of section 4, the Secretary of the Interior
(acting through the Commissioner); and
(ii) in the case of sections 8 and 9, the Secretary of the
Interior (acting through the Director).
(17) Service area.--The term ``service area'' means any
area that encompasses a watershed that contains a federally
authorized reclamation project that is located in any State
or area described in the first section of the Act of June 17,
1902 (43 U.S.C. 391).
SEC. 4. CLIMATE CHANGE ADAPTATION PROGRAM.
(a) In General.--The Secretary shall establish a climate
change adaptation program--
(1) to assess each effect of, and risk resulting from,
global climate change with respect to the quantity of water
resources located in a service area; and
(2) to ensure, to the maximum extent possible, that
strategies are developed to address potential water
shortages, conflicts, and other impacts to water users
located at, and the environment of, each service area.
[[Page S12783]]
(b) Required Elements.--In carrying out the program
described in subsection (a), the Secretary shall--
(1) consult with the United States Geological Survey, the
National Oceanic and Atmospheric Administration, the program,
and each appropriate State water resource agency, to ensure
that the Secretary has access to the best available
scientific information with respect to presently observed and
projected future impacts of global climate change on water
resources;
(2) assess specific risks to the water supply of each major
reclamation river basin, including any risk relating to--
(A) a change in snowpack;
(B) the timing of runoff; and
(C) any increase in--
(i) the demand for water as a result of increasing
temperatures; and
(ii) the rate of reservoir evaporation;
(3) with respect to each major reclamation river basin,
analyze the extent to which changes in the water supply of
the United States will impact--
(A) the ability of the Secretary to deliver water to the
contractors of the Secretary;
(B) hydroelectric power generation facilities;
(C) recreation at reclamation facilities;
(D) fish and wildlife habitat;
(E) applicable species listed as an endangered, threatened,
or candidate species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.); and
(F) water quality issues (including salinity levels of each
major reclamation river basin);
(4) in consultation with appropriate non-Federal
participants, consider and develop appropriate strategies to
mitigate each impact of water supply changes analyzed by the
Secretary under paragraph (3), including strategies relating
to--
(A) the modification of any reservoir storage or operating
guideline in existence as of the date of enactment of this
Act;
(B) the development of new water management, operating, or
habitat restoration plans;
(C) water conservation;
(D) improved hydrologic models and other decision support
systems; and
(E) groundwater and surface water storage needs; and
(5) in consultation with the Director, the Administrator,
the Secretary of Agriculture (acting through the Chief of the
Natural Resources Conservation Service), and applicable State
water resource agencies, develop a monitoring plan to acquire
and maintain water resources data--
(A) to strengthen the understanding of water supply trends;
and
(B) to assist in each assessment and analysis conducted by
the Secretary under paragraphs (2) and (3).
(c) Reporting.--Not later than 1 year after the date of
enactment of this Act, and every 5 years thereafter, the
Secretary shall submit to the appropriate committees of
Congress a report that describes--
(1) each effect of, and risk resulting from, global climate
change with respect to the quantity of water resources
located in each major reclamation river basin;
(2) the impact of global climate change with respect to the
operations of the Secretary in each major reclamation river
basin;
(3) each mitigation and adaptation strategy considered and
implemented by the Secretary to address each effect of global
climate change described in paragraph (1);
(4) each coordination activity conducted by the Secretary
with--
(A) the Director;
(B) the Administrator;
(C) the Secretary of Agriculture (acting through the Chief
of the Natural Resources Conservation Service); or
(D) any appropriate State water resource agency; and
(5) the implementation by the Secretary of the monitoring
plan developed under subsection (b)(5).
(d) Feasibility Studies.--
(1) Authority of secretary.--The Secretary, in cooperation
with any non-Federal participant, may conduct 1 or more
studies to determine the feasibility of implementing each
mitigation and adaptation strategy described in subsection
(c)(3), including the construction of any water supply, water
management, environmental, or habitat enhancement water
infrastructure that the Secretary determines to be necessary
to address the effects of global climate change on water
resources located in each major reclamation river basin.
(2) Cost sharing.--
(A) Federal share.--
(i) In general.--Except as provided in clause (ii), the
Federal share of the cost of a study described in paragraph
(1) shall not exceed 50 percent of the cost of the study.
(ii) Exception relating to financial hardship.--The
Secretary may increase the Federal share of the cost of a
study described in paragraph (1) to exceed 50 percent of the
cost of the study if the Secretary determines that, due to a
financial hardship, the non-Federal participant of the study
is unable to contribute an amount equal to 50 percent of the
cost of the study.
(B) Non-federal share.--The non-Federal share of the cost
of a study described in paragraph (1) may be provided in the
form of any in-kind services that substantially contribute
toward the completion of the study, as determined by the
Secretary.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section for each of fiscal years 2008 through 2022, to
remain available until expended.
SEC. 5. WATER MANAGEMENT IMPROVEMENT.
(a) Authorization of Grants and Cooperative Agreements.--
(1) Authority of secretary.--The Secretary may provide any
grant to, or enter into any cooperative agreement with, any
eligible applicant to assist the eligible applicant in
planning, designing, or constructing any improvement--
(A) to conserve water;
(B) to increase water use efficiency;
(C) to facilitate water markets;
(D) to enhance water management; or
(E) to carry out any other activity--
(i) to address any climate-related impact to the water
supply of the United States; or
(ii) to prevent any water-related crisis or conflict at any
watershed that has a nexus to a Federal reclamation project
located in a service area.
(2) Application.--To be eligible to receive a grant, or
enter into a cooperative agreement with the Secretary under
paragraph (1), an eligible applicant shall submit to the
Secretary an application that includes a proposal of the
improvement to be planned, designed, constructed, or
implemented by the eligible applicant.
(3) Requirements of grants and cooperative agreements.--
(A) Compliance with requirements.--Each grant and
cooperative agreement entered into by the Secretary with any
eligible applicant under paragraph (1) shall be in compliance
with each requirement described in subparagraphs (B) through
(F).
(B) Certain improvements or activities relating to
agricultural operations.--In carrying out paragraph (1), the
Secretary shall not provide a grant to, or enter into a
cooperative agreement with, an eligible applicant to provide
financial assistance for an improvement to conserve water
with respect to an agricultural operation unless the
Secretary first determines that the improvement will result
in a net savings in groundwater or surface water resources in
the agricultural operation of the eligible applicant.
(C) Nonreimbursable funds.--Any funds provided by the
Secretary to an eligible applicant through a grant or
cooperative agreement under paragraph (1) shall be
nonreimbursable.
(D) Title to improvements.--If an infrastructure
improvement to a facility under the jurisdiction of a Federal
agency is the subject of a grant or a cooperative agreement
entered into between the Secretary and an eligible applicant
under paragraph (1), the Federal Government shall hold title
to the improvement of the facility.
(E) Cost sharing.--
(i) Federal share.--The Federal share of the cost of any
infrastructure improvement or activity that is the subject of
a grant or a cooperative agreement entered into between the
Secretary and an eligible applicant under paragraph (1) shall
not exceed 50 percent of the cost of the infrastructure
improvement or activity.
(ii) Calculation of non-federal share.--In calculating the
non-Federal share of the cost of an infrastructure
improvement or activity proposed by an eligible applicant
through an application submitted by the eligible applicant
under paragraph (2), the Secretary shall--
(I) consider the value of any in-kind services that
substantially contributes toward the completion of the
improvement or activity, as determined by the Secretary; and
(II) not consider any other amount that the eligible
applicant receives from a Federal agency.
(iii) Maximum amount.--The amount provided to an eligible
applicant through a grant or cooperative agreement under
paragraph (1) shall be not more than $5,000,000.
(iv) Operation and maintenance costs.--The non-Federal
share of the cost of operating and maintaining any
infrastructure improvement that is the subject of a grant or
a cooperative agreement entered into between the Secretary
and an eligible applicant under paragraph (1) shall be 100
percent.
(F) Liability.--
(i) In general.--Except as provided in clause (ii), the
United States shall not be liable for monetary damages of any
kind for any injury arising out of an act, omission, or
occurrence that arises in relation to any facility created or
improved under this section, the title of which is not held
by the United States.
(ii) Exception.--Clause (i) shall not apply to liability
for monetary damages resulting from an injury caused by any
act of negligence committed by the United States (or by any
officer, employee, or agent of the United States) that arises
in relation to any facility created or improved under this
section, the title of which is not held by the United States.
(iii) Tort claims act.--Nothing in this section increases
the liability of the United States beyond that provided in
chapter 171 of title 28, United States Code.
(b) Research Agreements.--
(1) Authority of secretary.--The Secretary may enter into 1
or more cooperative agreements with any university, nonprofit
research institution, or organization with water or power
delivery authority to fund any research activity that is
designed--
(A) to conserve water resources;
(B) to increase the efficiency of the use of water
resources; or
[[Page S12784]]
(C) to enhance the management of water resources.
(2) Terms and conditions of secretary.--A cooperative
agreement entered into between the Secretary and any
university, institution, or organization described in
paragraph (1) shall be subject to such terms and conditions
as the Secretary determines to be appropriate.
(c) Mutual Benefit.--Grants or cooperative agreements made
under this section may be for the mutual benefit of the
United States and the entity that is provided the grant or
enters into the cooperative agreement.
(d) Relationship to Project-Specific Authority.--This
section shall not supersede any existing project-specific
funding authority.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $100,000,000, to
remain available until expended.
SEC. 6. HYDROELECTRIC POWER ASSESSMENT.
(a) Duty of Secretary of Energy.--The Secretary of Energy,
in consultation with the Administrator of each Federal Power
Marketing Administration, shall assess each effect of, and
risk resulting from, global climate change with respect to
water supplies that are required for the generation of
hydroelectric power at each Federal water project that is
applicable to a Federal Power Marketing Administration.
(b) Access to Appropriate Data.--
(1) In general.--In carrying out each assessment under
subsection (a), the Secretary of Energy shall consult with
the United States Geological Survey, the National Oceanic and
Atmospheric Administration, the program, and each appropriate
State water resource agency, to ensure that the Secretary of
Energy has access to the best available scientific
information with respect to presently observed impacts and
projected future impacts of global climate change on water
supplies that are used to produce hydroelectric power.
(2) Access to data for certain assessments.--In carrying
out each assessment under subsection (a), with respect to the
Bonneville Power Administration and the Western Area Power
Administration, the Secretary of Energy shall consult with
the Commissioner to access data and other information that--
(A) is collected by the Commissioner; and
(B) the Secretary of Energy determines to be necessary for
the conduct of the assessment.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, and every 5 years thereafter, the
Secretary of Energy shall submit to the appropriate
committees of Congress a report that describes--
(1) each effect of, and risk resulting from, global climate
change with respect to--
(A) water supplies used for hydroelectric power generation;
and
(B) power supplies marketed by each Federal Power Marketing
Administration, pursuant to--
(i) long-term power contracts;
(ii) contingent capacity contracts; and
(iii) short-term sales; and
(2) each recommendation of the Administrator of each
Federal Power Marketing Administration relating to any change
in any operation or contracting practice of each Federal
Power Marketing Administration to address each effect and
risk described in paragraph (1), including the use of
purchased power to meet long-term commitments of each Federal
Power Marketing Administration.
(d) Costs Nonreimbursable.--Any costs incurred by the
Secretary of Energy in carrying out this section shall be
nonreimbursable.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section for each of fiscal years 2008 through 2022, to
remain available until expended.
SEC. 7. CLIMATE CHANGE AND WATER INTRAGOVERNMENTAL PANEL.
(a) Establishment.--The Secretary shall establish and lead
a climate change and water intragovernmental panel--
(1) to review the current scientific understanding of each
impact of global climate change on the water resources of the
United States; and
(2) to develop any strategy that the panel determines to be
necessary to improve observational capabilities and expand
data acquisition to increase the reliability and accuracy of
modeling and prediction systems to benefit water managers at
the Federal, State, and local levels.
(b) Membership.--The panel shall be comprised of--
(1) the Secretary;
(2) the Director;
(3) the Administrator;
(4) the Secretary of Agriculture (acting through the Chief
of the Natural Resources Conservation Service);
(5) the Commissioner; and
(6) the Chief of Engineers.
(c) Review Elements.--In conducting the review and
developing the strategy under subsection (a), the panel shall
consult with State water resource agencies, the Advisory
Committee, and relevant water user, environmental, and other
nongovernmental organizations--
(1) to assess the extent to which the conduct of measures
of streamflow, groundwater levels, soil moisture,
evapotranspiration rates, evaporation rates, snowpack levels,
precipitation amounts, and glacier mass is necessary to
improve the understanding of the Federal Government and the
States with respect to each impact of global climate change
on water resources;
(2) to identify data gaps in current water monitoring
networks that must be addressed to improve the capability of
the Federal Government and the States to measure, analyze,
and predict changes to water resources that are directly or
indirectly affected by global climate change;
(3) to establish data management and communication
protocols and standards to increase the quality and
efficiency by which each Federal agency acquires and reports
relevant data;
(4) to consider options for the establishment of a data
portal to enhance access to water resource data--
(A) relating to each nationally significant watershed and
aquifer located in the United States; and
(B) that is collected by each Federal agency and any other
public or private entity for each nationally significant
watershed and aquifer located in the United States;
(5) to expand, and integrate each initiative of the panel
with, to the maximum extent possible, any interagency
initiative in existence as of the date of enactment of this
Act, including--
(A) the national integrated drought information system of
the National Oceanic and Atmospheric Administration; and
(B) the advanced hydrologic prediction service of the
National Weather Service;
(6) to facilitate the development of hydrologic models to
integrate data that reflects groundwater and surface water
interactions;
(7) to apply the hydrologic models developed under
paragraph (6) to water resource management problems
identified by the panel; and
(8) to consider the need for, and the development of,
mechanisms to effectively combine global climate models,
regional climate models, and hydrologic models to produce
water resource information to assist water managers at the
Federal, State, and local levels in the development of
adaptation strategies that can be incorporated into long-term
water management decisions.
(d) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report that describes
the review conducted, and the strategy developed, by the
panel under subsection (a).
(e) Demonstration, Research, and Methodology Development
Projects.--
(1) Authority of secretary.--The Secretary, in consultation
with the panel and the Advisory Committee, may provide grants
to, or enter into any contract, cooperative agreement,
interagency agreement, or other transaction with, an
appropriate entity to carry out any demonstration, research,
or methodology development project that the Secretary
determines to be necessary to assist in the implementation of
the strategy developed by the panel under subsection (a)(2).
(2) Requirements.--
(A) Maximum amount of federal share.--The Federal share of
the cost of any demonstration, research, or methodology
development project that is the subject of any grant,
contract, cooperative agreement, interagency agreement, or
other transaction entered into between the Secretary and an
appropriate entity under paragraph (1) shall not exceed
$1,000,000.
(B) Report.--An appropriate entity that receives funds from
a grant, contract, cooperative agreement, interagency
agreement, or other transaction entered into between the
Secretary and the appropriate entity under paragraph (1)
shall submit to the Secretary a report describing the results
of the demonstration, research, or methodology development
project conducted by the appropriate entity.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out subsections (a) through (d) $2,000,000 for each of
fiscal years 2008 and 2009, to remain available until
expended.
(2) Demonstration, research, and methodology development
projects.--There is authorized to be appropriated to carry
out subsection (e) $10,000,000 for the period of fiscal years
2008 through 2012, to remain available until expended.
SEC. 8. WATER DATA ENHANCEMENT BY UNITED STATES GEOLOGICAL
SURVEY.
(a) National Streamflow Information Program.--
(1) In general.--The Secretary shall conduct a review of
the national streamflow information program, including a
review of--
(A) each Federal objective with respect to the
establishment of a national streamgaging network; and
(B) each geographic information-based method that the
Secretary used to select sites to achieve each objective
reviewed under subparagraph (A).
(2) Requirements.--In conducting the national streamflow
information program, the Secretary shall--
(A) measure streamflow and related environmental variables
in nationally significant watersheds--
(i) in a reliable and continuous manner; and
(ii) to develop a comprehensive source of information on
which public and private decisions relating to the management
of water resources may be based;
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(B) provide for a better understanding of hydrologic
extremes (including floods and droughts) through the conduct
of intensive data collection activities during and following
hydrologic extremes;
(C) establish a base network that provides resources that
are necessary for--
(i) the monitoring of long-term changes in streamflow; and
(ii) the conduct of assessments to determine the extent to
which each long-term change monitored under clause (i) is
related to global climate change;
(D) integrate the national streamflow information program
with data collection activities of Federal agencies and
appropriate State water resource agencies (including the
national drought information system)--
(i) to enhance the comprehensive understanding of water
availability;
(ii) to identify any data gap with respect to water
resources; and
(iii) to improve hydrologic forecasting; and
(E) incorporate principles of adaptive management in the
conduct of periodic reviews of information collected under
the national streamflow information program to assess whether
the objectives of the national streamflow information program
are being adequately addressed.
(3) Improved methodologies.--The Secretary shall--
(A) improve methodologies relating to the analysis and
delivery of data; and
(B) investigate, develop, and implement new methodologies
and technologies to estimate or measure streamflow in a more
cost-efficient manner.
(4) Measurement goal.--
(A) In general.--Not later than 10 years after the date of
enactment of this Act, in accordance with subparagraph (B),
the Secretary shall increase the number of sites measured
under the national streamflow information program to a
quantity of not less than 4,700 sites.
(B) Requirements of sites.--Each site described in
subparagraph (A) shall be--
(i) located in a nationally significant watershed, as
determined by the Secretary; and
(ii) measured by a streamgage or any other effective means
implemented by the Secretary.
(5) Federal share.--The Federal share of the national
streamgaging network established pursuant to this subsection
shall be 100 percent of the cost of carrying out the national
streamgaging network.
(6) Authorization of appropriations.--
(A) In general.--Except as provided in subparagraph (B),
there are authorized to be appropriated such sums as are
necessary to carry out this subsection for the period of
fiscal years 2008 through 2022, to remain available until
expended.
(B) Achievement of measurement goal.--There is authorized
to be appropriated to carry out paragraph (4) $7,500,000 for
each of fiscal years 2008 through 2018, to remain available
until expended.
(b) National Groundwater Resources Monitoring.--
(1) In general.--The Secretary shall develop a systematic
groundwater monitoring program for each major aquifer system
located in the United States.
(2) Program elements.--In developing the monitoring program
described in paragraph (1), the Secretary shall--
(A) establish appropriate criteria for monitoring wells to
ensure the acquisition of long-term, high-quality data sets,
including, to the maximum extent possible, the inclusion of
real-time instrumentation and reporting;
(B) in coordination with the Advisory Committee and State
and local water resource agencies--
(i) assess the current scope of groundwater monitoring
based on the access availability and capability of each
monitoring well in existence as of the date of enactment of
this Act; and
(ii) develop and carry out a monitoring plan that maximizes
coverage for each major aquifer system that is located in the
United States; and
(C) prior to initiating any specific monitoring activities
within a State after the date of enactment of this Act,
consult and coordinate with the applicable State water
resource agency with jurisdiction over the aquifer that is
the subject of the monitoring activities, and comply with all
applicable laws (including regulations) of the State.
(3) Program objectives.--In carrying out the monitoring
program described in paragraph (1), the Secretary shall--
(A) provide data that is necessary for the improvement of
understanding with respect to surface water and groundwater
interactions;
(B) by expanding the network of monitoring wells to reach
each climate division, support the groundwater climate
response network to improve the understanding of the effects
of global climate change on groundwater recharge and
availability; and
(C) support the objectives of the assessment program.
(4) Improved methodologies.--The Secretary shall--
(A) improve methodologies relating to the analysis and
delivery of data; and
(B) investigate, develop, and implement new methodologies
and technologies to estimate or measure groundwater recharge,
discharge, and storage in a more cost-efficient manner.
(5) Federal share.--The Federal share of the monitoring
program described in paragraph (1) may be 100 percent of the
cost of carrying out the monitoring program.
(6) Priority.--In selecting monitoring activities
consistent with the monitoring program described in paragraph
(1), the Secretary shall give priority to those activities
for which a State or local governmental entity agrees to
provide for a substantial share of the cost of establishing
or operating a monitoring well or other measuring device to
carry out a monitoring activity.
(7) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this subsection for the period of fiscal years 2008 through
2022, to remain available until expended.
(c) Brackish Groundwater Assessment.--
(1) Study.--The Secretary, in consultation with State and
local water resource agencies, shall conduct a study of
available data and other relevant information--
(A) to identify significant brackish groundwater resources
located in the United States; and
(B) to consolidate any available data relating to each
groundwater resource identified under subparagraph (A).
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report that includes--
(A) a description of each--
(i) significant brackish aquifer that is located in the
United States (including 1 or more maps of each significant
brackish aquifer that is located in the United States);
(ii) data gap that is required to be addressed to fully
characterize each brackish aquifer described in clause (i);
and
(iii) current use of brackish groundwater that is supplied
by each brackish aquifer described in clause (i); and
(B) a summary of the information available as of the date
of enactment of this Act with respect to each brackish
aquifer described in subparagraph (A)(i) (including the known
level of total dissolved solids in each brackish aquifer).
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $3,000,000
for the period of fiscal years 2008 through 2009, to remain
available until expended.
(d) Improved Water Estimation, Measurement, and Monitoring
Technologies.--
(1) Authority of secretary.--The Secretary may provide
grants to appropriate entities with expertise in water
resource data acquisition and reporting--
(A) to investigate, develop, and implement new
methodologies and technologies to estimate or measure water
resources data in a cost-efficient manner; and
(B) to improve methodologies relating to the analysis and
delivery of data.
(2) Priority.--In providing grants to appropriate entities
under paragraph (1), the Secretary shall give priority to
appropriate entities that propose the development of new
methods and technologies for--
(A) predicting and measuring streamflows;
(B) estimating changes in the storage of groundwater;
(C) improving data standards and methods of analysis
(including the validation of data entered into geographic
information system databases);
(D) measuring precipitation and potential
evapotranspiration;
(E) developing descriptive and predictive models that take
into account groundwater and surface water; and
(F) water withdrawals, return flows, and consumptive use.
(3) Cost sharing.--
(A) Federal share.--The Federal share of the cost of the
development of any new method or technology that is the
subject of a grant under this subsection shall not exceed the
lesser of--
(i) 50 percent of the cost of the development of the new
method or technology; or
(ii) $500,000.
(B) Non-federal share.--The non-Federal share of the cost
of the development of any new method or technology that is
the subject of a grant under this subsection may be provided
in the form of any in-kind services that substantially
contribute toward the development of any new method or
technology, as determined by the Secretary.
(C) Other federal assistance.--Assistance under this
subsection may be in addition to assistance provided by the
Federal Government pursuant to other provisions of law.
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000
for each of fiscal years 2008 through 2018.
SEC. 9. WATER USE AND AVAILABILITY ASSESSMENT PROGRAM.
(a) Establishment.--The Secretary, in coordination with the
Advisory Committee and State and local water resource
agencies, shall establish an assessment program to be known
as the ``water availability and use assessment program''--
(1) to provide a more accurate assessment of the status of
the water resources of the United States;
(2) to assist in the determination of the quantity of water
that is available for beneficial uses;
(3) to identify long-term trends in water availability;
(4) to use each long-term trend described in paragraph (3)
to provide a more accurate assessment of the change in the
availability of water in the United States; and
(5) to develop the basis for an improved ability to
forecast the availability of water
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for future economic, energy production, and environmental
uses.
(b) Program Elements.--
(1) Water use.--In carrying out the assessment program, the
Secretary shall conduct any appropriate activity to carry out
an ongoing assessment of water use in hydrologic accounting
units and major aquifer systems located in the United States,
including--
(A) the maintenance of a comprehensive national water use
inventory to enhance the level of understanding with respect
to the effects of spatial and temporal patterns of water use
on the availability and sustainable use of water resources;
(B) the incorporation of water use science principles, with
an emphasis on applied research and statistical estimation
techniques in the assessment of water use;
(C) the integration of any dataset maintained by any other
Federal or State agency into the dataset maintained by the
Secretary; and
(D) a focus on the scientific integration of any data
relating to water use, water flow, or water quality to
generate relevant information relating to the impact of human
activity on water and ecological resources.
(2) Water availability.--In carrying out the assessment
program, the Secretary shall conduct an ongoing assessment of
water availability by--
(A) developing and evaluating nationally consistent
indicators that reflect each status and trend relating to the
availability of water resources in the United States,
including--
(i) surface water indicators, such as streamflow and
surface water storage measures (including lakes, reservoirs,
perennial snowfields, and glaciers);
(ii) groundwater indicators, including groundwater level
measurements and changes in groundwater levels due to--
(I) natural recharge;
(II) withdrawals;
(III) saltwater intrusion;
(IV) mine dewatering;
(V) land drainage;
(VI) artificial recharge; and
(VII) other relevant factors, as determined by the
Secretary; and
(iii) impaired surface water and groundwater supplies that
are known, accessible, and used to meet ongoing water
demands; and
(B) maintaining a national database of water availability
data that--
(i) is comprised of maps, reports, and other forms of
interpreted data;
(ii) provides electronic access to the archived data of the
national database; and
(iii) provides for real-time data collection.
(c) Grant Program.--
(1) Authority of secretary.--The Secretary may provide
grants to State water resource agencies to assist State water
resource agencies in--
(A) developing water use and availability datasets that are
integrated with each appropriate dataset developed or
maintained by the Secretary; or
(B) integrating any water use or water availability dataset
of the State water resource agency into each appropriate
dataset developed or maintained by the Secretary.
(2) Criteria.--To be eligible to receive a grant under
paragraph (1), a State water resource agency shall
demonstrate to the Secretary that the water use and
availability dataset proposed to be established or integrated
by the State water resource agency--
(A) is in compliance with each quality and conformity
standard established by the Secretary to ensure that the data
will be capable of integration with any national dataset; and
(B) will enhance the ability of the officials of the State
of the State water resource agency to carry out each water
management and regulatory responsibility of the officials of
the State in accordance with each applicable the law of the
State.
(3) Maximum amount.--The amount of a grant provided to a
State water resource agency under paragraph (1) shall be an
amount not more than $250,000.
(d) Report.--Not later than January 1, 2010, and every 5
years thereafter, the Secretary shall submit to the
appropriate committees of Congress a report that provides a
detailed assessment of--
(1) the current availability of water resources in the
United States, including--
(A) historic trends and annual updates of river basin
inflows and outflows;
(B) surface water storage;
(C) groundwater reserves; and
(D) estimates of undeveloped potential resources (including
saline water and wastewater);
(2) significant trends affecting water availability,
including each documented or projected impact to the
availability of water as a result of global climate change;
(3) the withdrawal and use of surface water and groundwater
by various sectors, including--
(A) the agricultural sector;
(B) municipalities;
(C) the industrial sector;
(D) thermoelectric power generators; and
(E) hydroelectric power generators;
(4) significant trends relating to each water use sector,
including significant changes in water use due to the
development of new energy supplies;
(5) significant water use conflicts or shortages that have
occurred, or are likely to occur; and
(6) each factor that has caused, or will likely cause, a
conflict or shortage described in paragraph (5).
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out subsections (a), (b), and (d) $20,000,000 for each
of fiscal years 2008 through 2022, to remain available until
expended.
(2) Grant program.--There is authorized to be appropriated
to carry out subsection (c) $12,500,000 for the period of
fiscal years 2008 through 2012, to remain available until
expended.
SEC. 10. EFFECT.
(a) In General.--Nothing in this Act supersedes or limits
any existing authority provided, or responsibility conferred,
by any provision of law.
(b) Effect on State Water Law.--
(1) In general.--Nothing in this Act preempts or affects
any--
(A) State water law; or
(B) interstate compact governing water.
(2) Compliance required.--The Secretary shall comply with
applicable State water laws in carrying out this Act.
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