[Congressional Record Volume 154, Number 106 (Wednesday, June 25, 2008)]
[Senate]
[Pages S6160-S6169]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. SCHUMER:
S. 3190. A bill to amend the Internal Revenue Code of 1986 to require
employers to notify their employees of the availability of the earned
income credit; to the Committee on Finance.
Mr. SCHUMER. Mr. President, I am pleased to introduce today, along
with my colleague from the House, Rep. Rahm Emanuel, an important and
noncontroversial bill designed to increase the percentage of eligible
families that claim the Earned Income Tax Credit, or EITC, every year.
The bill is endorsed by the Service Employees International Union,
SEIU, Wal-Mart, the Center on Budget and Policy Priorities, the
Citizens for Tax Justice, the Leadership Conference on Civil Rights,
Corporate Voices for Working Families, the College and University
Professional Association for Human Resources, TJ Maxx, Kindred
Healthcare, and Cintas.
Even in these tough economic times, Wal-Mart is still the nation's
top private employer, and they place a huge emphasis on keeping their
business costs low. If they are taking such a lead role on this bill,
it should send a strong signal to the business community and to
Republicans that it is a good idea and that the cost burden on business
is next to nothing.
The EITC is a hugely important and popular program for working
families. Started under President Ford after President Nixon advanced a
similar program, and expanded under virtually every President since,
the EITC sends a message that if you work hard and play by the rules,
you shouldn't live in poverty.
I know the program isn't perfect, but it's the best tax tool we have
for helping working families make ends meet. Combined with the recent
increase in the minimum wage that Democrats pushed through the
Congress, the EITC is improving the lives of million of families.
For tax year 2006, more than $44 billion in benefits were distributed
to more than 22.4 million American families. That shows what a success
the program is.
As one of the most populous states, with millions of working families
of modest means, the numbers for New York State by itself are
impressive. In 2006, nearly 1.5 million New York families took
advantage of the EITC, claiming $2.8 billion in benefits. That's an
average of $1,867 per family. But if the estimates from the Government
Accountability Office are right and 25 percent of eligible families do
not file for the credit, that's almost 500,000 families in my state who
are missing out.
At an average EITC benefit of nearly $1,900, that means that more
than $900 million could be going back into the pockets of New Yorkers--
without a single change in the law--if we could find a way to reach
these families. It could represent a second stimulus package for
500,000 working families as large as the one we passed earlier this
year--and all eligible families have to do is ask for it.
With gasoline costing over $4 a gallon, and health care and tuition
costs on the rise, if we can get an average of $1,900 into the pockets
of 500,000 New York families, or 7.5 million people nationally--that's
an opportunity we can't pass up.
Since these families are eligible for the credit under current law,
it's not a policy that has to be scored or ``paid for'' under the PAYGO
rules, because current law assumes these benefits will be paid. I can't
imagine anyone objecting to this bill.
The Emanuel/Schumer legislation simply requires that employers notify
their workers of their potential eligibility for the EITC when they
send out the annual W-2 wage notice. To satisfy the notice requirement,
employers would provide either a copy of IRS Notice 797, which explains
how one qualifies for the EITC, or a separate written notice that is
described in the language of the bill.
For those that might be concerned about the cost to business, our
bill exempts firms with less than 25 employees.
This is a bill that is such common-sense, and represents such little
cost to business, and offers such a large potential benefit to so many
families, that it's something that we ought to be able to pass
unanimously before the end of the year.
[[Page S6161]]
Rep. Emanuel and I sent a letter to Treasury Secretary Henry Paulson
today about the bill. Even though the Bush Administration is nearing
its end, the goals of this legislation could be accomplished via
regulation or executive order, and I urge the Administration to take
such action and render the bill moot. Rep. Emanuel and I would be happy
not to have to pass this bill. Otherwise, we will push it and hope to
pass it with broad bipartisan support by year's end. With unions and
major employers both supporting the bill, there really should be no
objection.
Mr. President, I ask unanimous consent that the text of the bill and
a letter of support be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 3190
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 ``Earned Income Credit
Information Act of 2008''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress hereby finds:
(1) President Gerald Ford and Congress created the earned
income credit (EIC) in 1975 to offset the adverse effects of
Social Security and Medicare payroll taxes on working poor
families and to encourage low-income workers to seek
employment rather than welfare.
(2) President Ronald Reagan described the earned income
credit as ``the best anti-poverty, the best pro-family, the
best job-creation measure to come out of Congress.''
(3) Over the last 30 years, the EIC program has grown into
the largest Federal anti-poverty program in the United
States. In 2005, 22.8 million tax filers received $42.4
billion in tax credits through the EIC program.
(4) In 2007, the EIC provided a maximum Federal benefit of
$4,716 for families with 2 or more children, $2,853 for
families with a single child, and $428 for a taxpayer with no
qualifying children.
(5) Based on analysis conducted by the General
Accountability Office, 25 percent of those eligible to
receive the EIC do not take advantage of the tax benefit.
(6) Based on analysis conducted by the Joint Economic
Committee, working Americans may have lost out on
approximately $8 billion in unclaimed earned income credits
in 2004.
(7) In response to a study by the California Franchise Tax
Board that found that there were approximately 460,000
California families that qualified, but did not file, for the
EIC, Governor Arnold Schwarzenegger signed into law Assembly
Bill 650, the Earned Income Tax Credit Information Act, on
October 13, 2007. The law requires that California employers
notify employees of their potential eligibility for the EIC.
(8) In order to ensure that tax benefits designed to assist
working Americans reach the maximum number of people, the
Federal Government should enact a similar law.
(b) Purpose.--The purpose of this Act is to inform the
greatest possible number of Americans about their potential
eligibility for the earned income credit in a way that is
neither costly nor burdensome for employers or the
Government.
SEC. 3. EMPLOYER NOTIFICATION OF AVAILABILITY OF EARNED
INCOME CREDIT.
(a) In General.--Chapter 77 of the Internal Revenue Code of
1986 (relating to miscellaneous provisions) is amended by
adding at the end the following new section:
``SEC. 7529. EMPLOYER NOTIFICATION OF AVAILABILITY OF EARNED
INCOME CREDIT.
``(a) In General.--Every employer required to provide a
statement under section 6051 (relating to W-2 statements) to
a potential EIC-eligible employee shall provide to such
employee the notice described in subsection (c).
``(b) Potential EIC-Eligible Employee.--For purposes of
this section, the term `potential EIC-eligible employee'
means any individual whose annual wages from the employer are
less than the amount of earned income (as defined in section
32(c)(2)) at which the credit under section 32(a) phases out
for an individual described in section 32(c)(1)(A)(ii) (or
such other amount as may be prescribed by the Secretary).
``(c) Contents of Notice.--
``(1) In general.--The notice required by subsection (a)
shall be--
``(A) a copy of Internal Revenue Service Notice 797 or any
successor notice, or
``(B) a notice stating: `Based on your annual earnings, you
may be eligible to receive the earned income credit from the
Federal Government. The earned income credit is a tax credit
for certain working individuals and families. In 2008, earned
income credit benefits are available for taxpayers with
earnings up to $38,646 ($41,646 if married filing jointly).
Eligibility and benefit amounts vary according to filing
status (single or married), number of qualifying children,
and other sources of income. For example, in 2008, earned
income credit benefits are available for childless taxpayers
earning less than $15,880, taxpayers with 1 child earning
less than $36,995, and taxpayers with 2 or more children
earning less than $41,646. In most cases, earned income
credit payments will not be used to determine eligibility for
Medicaid, supplemental security income, food stamps, low-
income housing or most temporary assistance for needy
families programs. Even if you do not owe Federal taxes, you
may qualify, but must file a tax return to receive the earned
income credit. For information regarding your eligibility to
receive the earned income credit, contact the Internal
Revenue Service by calling 1-800-829-1040 or through its web
site at www.irs.gov. The Volunteer Income Tax Assistance
(VITA) program provides free tax preparation assistance to
individuals under the above income limits. Call the IRS at 1-
800-906-9887 to find sites in your area.'.
``(2) Years after 2008.--In the case of the notice in
paragraph (1)(B) for taxable years beginning in a calendar
year after 2008--
``(A) such calendar year shall be substituted for `2008',
``(B) the lowest amount of earned income for a taxpayer
with no qualifying children at which the credit phases out
under section 32(a)(2)(B) for taxable years beginning in such
calendar year shall be substituted for `$15,880',
``(C) the lowest amount of earned income for a taxpayer
with 1 qualifying child at which the credit phases out under
section 32(a)(2)(B) for such taxable years shall be
substituted for `$36,995', and
``(D) the lowest amount of earned income for a taxpayer
with 2 or more qualifying children at which the credit phases
out under section 32(a)(2)(B) for such taxable years shall be
substituted for `$41,646'.
``(d) Exemption for Small Employers.--
``(1) In general.--An employer shall not be required to
provide notices under this section during any calendar year
if the employer employed an average of 25 or fewer employees
on business days during the preceding calendar year. For
purposes of the preceding sentence, a preceding calendar year
may be taken into account only if the employer was in
existence throughout such year.
``(2) Employers not in existence in preceding year.--In the
case of an employer which was not in existence throughout the
preceding calendar year, the determination under paragraph
(1) shall be based on the average number of employees that it
is reasonably expected such employer will employ on business
days in the current calendar year.
``(3) Special rules.--
``(A) Controlled groups.--For purposes of this subsection,
all persons treated as a single employer under subsection
(b), (c), (m), or (o) of section 414 shall be treated as 1
employer.
``(B) Predecessors.--Any reference in this subsection to an
employer shall include a reference to any predecessor of such
employer.
``(e) Timing of Notice.--The notice required by subsection
(a) shall be provided to each employee at the same time the
employer statement is furnished to each such employee under
section 6051.
``(f) Manner of Providing Notice.--The notice required by
subsection (a) shall be provided either by hand or by mail to
the address used to provide the statement under section 6051
to the employee.''.
(b) Penalty for Failure To Provide Notice.--Section
6724(d)(2) of such Code is amended by striking ``or'' at the
end of subparagraph (BB), by striking the period at the end
of subparagraph (CC) and inserting ``, or'', and by inserting
after subparagraph (CC) the following new subparagraph:
``(DD) section 7529 (relating to employer notification of
availability of earned income credit).''.
(c) Clerical Amendment.--The table of sections for such
chapter 77 is amended by adding at the end the following new
item:
``Sec. 7529. Employer notification of availability of earned income
credit.''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to statements required to be
provided under section 6051 of the Internal Revenue Code of
1986 more than 180 days after the date of the enactment of
this Act.
____
June 25, 2008.
Hon. Henry Paulson,
Secretary, Department of the Treasury, Washington, DC.
Dear Secretary Paulson: Over the last 30 years, the Earned
Income Tax Credit (EITC) has grown into the largest Federal
anti-poverty program in the United States. In 2006, over 22
million taxpayers received almost $44 billion through the
EITC. During its history, the program has been supported by
both Democrats and Republicans. President Ronald Reagan
described the earned income credit as ``the best anti-
poverty, the best pro-family, the best job-creation measure
to come out of Congress.''
As you know, millions of eligible Americans fail to take
advantage of this critical program, costing themselves
billions in tax benefits. Based on an analysis conducted by
the General Accountability Office, 25 percent of those
eligible to receive the EITC do not take advantage of it. The
Internal Revenue Service (IRS) estimates that between 20 and
25 percent of taxpayers who are eligible don't claim the
credit. While this issue has been a persistent source of
concern, it is particularly troubling now when Americans are
contending with record high gas prices and surging costs for
other consumer goods.
[[Page S6162]]
On October 13, 2007, Governor Arnold Schwarzenegger signed
into law Assembly Bill 650, the Earned Income Tax Credit
Information Act. The legislation seeks to reduce the number
of eligible taxpayers who fail to take advantage of the EITC
by requiring California employers to notify their employees
of their potential eligibility for the EITC. We believe that
the California law should serve as a model for federal
action, and will shortly introduce legislation to accomplish
this goal.
We bring this to your attention because we believe that the
goal of increasing awareness of the EITC, and thus expanding
the number of taxpayers who access it, can also be
accomplished through administrative rule-making.
Earlier in the year, you played a critical role in
providing needed economic stimulus to working Americans that
is now helping to soften the brunt of our current economic
downturn. By increasing the number of eligible taxpayers who
take advantage of the EITC program, you can build on this
accomplishment and add further stimulus by providing, in some
cases, thousands of dollars of assistance that can be used to
buy gas or groceries, or pay the mortgage.
For this reason, we ask you to explore what the
Administration can do to improve EITC outreach efforts, and
specifically ask that you examine the possibility of
requiring employers to provide information to their employees
about the EITC at the same time that they provide W-2
statements. Earlier this year, at an EITC Awareness Day
event, you noted: ``Ensuring that more eligible families
receive their EITC is important this year, as it is every
year. I encourage people all across America to check to see
if you are eligible for the Earned Income Credit.'' We
couldn't agree more, but believe we should also look to
employers to help taxpayers take advantage of critical
federal tax programs like the EITC.
Finally, we are aware that the Administration instructed
federal agencies on May 9, 2008 to not undertake any new
rulemaking procedures after June 1, 2008. We sincerely hope
that this policy will not prevent the Administration from
helping hardworking Americans who need it the most.
We look forward to your response and thank you for your
consideration.
Sincerely,
Rahm Emanuel,
House Democratic Caucus Chair.
Charles Schumer,
Senate Democratic Caucus Vice-Chair.
______
By Ms. SNOWE (for herself, Mr. Nelson of Florida, Ms. Cantwell,
Mr. Kerry, Mr. Vitter, Mr. Levin, Mr. Voinovich, Mrs Boxer, Mr.
Cardin, and Ms. Mikulski):
S. 3191. A bill to develop and promote a comprehensive plan for a
national strategy to address harmful algal blooms and hypoxia through
baseline research, forecasting and monitoring, and mitigation and
control while helping communities detect, control, and mitigate coastal
and Great Lakes harmful algal blooms and hypoxia events; to the
Committee on Commerce, Science, and Transportation.
Ms. SNOWE. Mr. President, I rise today to introduce the Harmful Algal
Bloom and Hypoxia Amendments Act of 2008. This bill would enhance the
research programs established in the Harmful Algal Blooms and Hypoxia
Research and Control Act of 1998 and reauthorized in 2004, which have
greatly enhanced our ability to predict outbreaks of harmful algal
blooms and the extent of hypoxic zones. But knowing when outbreaks will
occur is only half the battle. By funding additional research into
mitigation and prevention of HABs and hypoxia, and by enabling
communities to develop response strategies to more effectively reduce
their effects on our coastal communities, this legislation would take
the next critical steps to reducing the social and economic impacts of
these potentially disastrous outbreaks.
I am proud to continue my leadership on this important issue and I
particularly want to thank my counterpart on this key piece of
legislation, Senator Bill Nelson. My partnership with Senator Breaux on
the first two harmful algal bloom bills proved extremely fruitful, and
I am pleased that the Gulf of Mexico--whose coastal residents are
severely impacted by both harmful algal blooms, also known as HABs, and
hypoxia--will continue to be so well represented as this program moves
into the future. I also want to thank the bill's additional co-
sponsors, Senators Cantwell, Kerry, Vitter, Voinovich, Boxer and Levin
for their vital contributions. We all represent coastal States directly
affected by harmful algal blooms and hypoxia, and we see first hand the
ecological and economic damage caused by these events.
In New England blooms of Alexandrium algae, more commonly known as
``red tide'', can cause shellfish to accumulate toxins that when
consumed by humans lead to paralytic shellfish poisoning (PSP), a
potentially fatal neurological disorder. Therefore, when levels of
Alexandrium reach dangerous levels, our fishery managers are forced to
close shellfish beds that provide hundreds of jobs and add millions of
dollars to our regional economy. Red tide outbreaks--which occur in
various forms not just in the northeast, but along thousands of miles
of U.S. coastline--have increased dramatically in the Gulf of Maine in
the last 20 years, with major blooms occurring almost every year.
In 2005, the most severe red tide since 1972 blanketed the New
England coast from Martha's Vineyard to Downeast Maine, resulting in
extensive commercial and recreational shellfish harvesting closures
lasting several months at the peak of the seafood harvesting season. In
a peer-reviewed study, economists found that the 2005 event caused over
$2.4 million in lost landings of shellfish in the State of Maine alone,
and more than $10 million throughout New England.
In May of this year, scientists once more predicted an abundance of
Alexandrium off the New England coast, marking the onset of yet another
severe harmful algal bloom in the area. Just yesterday, Maine's
Department of Marine Resources announced the closure of additional
shellfish beds covering many areas from Cutler east to the Canadian
border, and today the Food and Drug Administration asked the National
Marine Fisheries Service to issue a closure of a section of Federal
waters near George's Bank to the harvest of ocean quahogs and surf
clams.
Still, while this year's bloom has tracked the pattern of the 2005
event, thanks to previous investments in HAB programs, localized
testing has led to fewer closures. Unlike 2005 when nearly the entire
coast of Massachusetts and much of Maine was declared off-limits to
shell fishermen, in this year's bloom, some unaffected areas remain
open despite being directly adjacent to contaminated beds. These
detailed forecasting and testing measures will greatly reduce the
economic impact such outbreaks impose on our coastal communities, and
is directly attributable to the efforts authorized in previous HAB
legislation.
Mr. President, while we have made great strides in bloom prediction
and monitoring, it is clear that these problems have not gone away, but
rather increased in magnitude. Harmful algal blooms remain prevalent
nationwide, and areas of hypoxia, also known as ``dead zones'', are now
occurring with increasing frequency. Within a dead zone, oxygen levels
plummet to the point at which they can no longer sustain life, driving
out animals that can move, and killing those that cannot. The most
infamous dead zone occurs annually in the Gulf of Mexico, off the
shores of Louisiana. In 2007, researchers there predicted the biggest
hypoxic zone ever recorded, covering more than 8,500 square miles. Dead
zones are also occurring with increasing frequency in more areas than
ever before, including off the coasts of Oregon and Texas.
The amendments contained in this legislation would enhance the
Nation's ability to predict, monitor, and ultimately control harmful
algal blooms and hypoxia. Understanding when these blooms will occur is
vital, but the time has come to take this program to the next level--to
determine not just when an outbreak will occur, but how to reduce its
intensity or prevent its occurrence all together. This bill would build
on NOAA's successes in research and forecasting by creating a program
to mitigate and control HAB outbreaks.
This bill also recognizes the need to enhance coordination among
State and local resource managers--those on the front lines who must
make the decisions to close beaches or shellfish beds. Their decisions
are critical to protecting human health, but can also impose
significant economic impacts. The bill would mandate creation of
Regional Research and Action Plans that would identify baseline
research, possible State and local government actions to prepare for
and mitigate the impacts of HABs, and establish outreach strategies to
ensure the public is
[[Page S6163]]
informed of the dangers these events can present. A regional focus on
these issues will ensure a more effective and efficient response to
future events.
Mr. President, if enacted, this critical reauthorization would
greatly enhance our Nation's ability to predict, monitor, mitigate, and
control outbreaks of HABs and hypoxia. Over half the U.S. population
resides in coastal regions, and we must do all in our power to
safeguard their health and the health of the marine environment. The
existing Harmful Algal Bloom and Hypoxia Program has done a laudable
job to date, and this authorization will allow them to expand their
scope and provide greater benefits to the Nation as a whole. I thank my
cosponsors again for their efforts in developing this vital
legislation.
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. 3191
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 ``Harmful
Algal Blooms and Hypoxia Amendments Act of 2008''.
(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 Harmful Algal Bloom and Hypoxia Research and
Control Act of 1998.
Sec. 3. Findings.
Sec. 4. Purpose.
Sec. 5. Interagency task force on harmful algal blooms and hypoxia.
Sec. 6. National harmful algal bloom and hypoxia program.
Sec. 7. Regional research and action plans.
Sec. 8. Reporting.
Sec. 9. Pilot program for freshwater harmful algal blooms and hypoxia.
Sec. 10. Interagency financing.
Sec. 11. Application with other laws.
Sec. 12. Definitions.
Sec. 13. Authorization of appropriations.
SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH
AND CONTROL ACT OF 1998.
Except as otherwise expressly provided, whenever in this
title 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 Harmful Algal Bloom and Hypoxia
Research and Control Act of 1998 (16 U.S.C. 1451 note).
SEC. 3. FINDINGS.
Section 602 is amended--
(1) by striking paragraph (8) and inserting the following:
``(8) harmful algal blooms and hypoxia can be triggered and
exacerbated by increases in nutrient loading from point and
non-point sources, much of which originates in upland areas
and is delivered to marine and freshwater bodies via river
discharge, thereby requiring integrated and landscape-level
research and control strategies;'';
(2) by striking ``and'' after the semicolon in paragraph
(11);
(3) by striking ``hypoxia.'' in paragraph (12) and
inserting ``hypoxia;''; and
(4) by adding at the end thereof the following:
``(13) harmful algal blooms and hypoxia affect many sectors
of the coastal economy, including tourism, public health, and
recreational and commercial fisheries; and according to a
recent report produced by NOAA, the United States seafood and
tourism industries suffer annual losses of $82 million due to
economic impacts of harmful algal blooms;
``(14) global climate change and its effect on oceans and
the Great Lakes may ultimately play a role in the increase or
decrease of harmful algal bloom and hypoxic events;
``(15) proliferations of harmful and nuisance algae can
occur in all United States waters, including coastal areas
and estuaries, the Great Lakes, and inland waterways,
crossing political boundaries and necessitating regional
coordination for research, monitoring, mitigation, response,
and prevention efforts; and
``(16) following passage of the Harmful Algal Bloom and
Hypoxia Research and Control Act of 1998, Federally-funded
and other research has led to several technological advances,
including remote sensing, molecular and optical tools,
satellite imagery, and coastal and ocean observing systems,
that provide data for forecast models, improve the monitoring
and prediction of these events, and provide essential
decision making tools for managers and stakeholders.''.
SEC. 4. PURPOSE.
The Act is amended by inserting after section 602 the
following:
``SEC. 602A. PURPOSES.
``The purposes of this Act are--
``(1) to provide for the development and coordination of a
comprehensive and integrated national program to address
harmful algal blooms, hypoxia, and nuisance algae through
baseline research, monitoring, prevention, mitigation, and
control;
``(2) to provide for the assessment and consideration of
regional and national ecosystem, socio-economic, and human
health impacts of harmful and nuisance algal blooms and
hypoxia, and integration of that assessment into marine and
freshwater resource decisions; and
``(3) to facilitate regional, State, and local efforts to
develop and implement appropriate harmful algal bloom and
hypoxia event response plans, strategies, and tools including
outreach programs and information dissemination
mechanisms.''.
SEC. 5. INTERAGENCY TASK FORCE ON HARMFUL ALGAL BLOOMS AND
HYPOXIA.
(a) Federal Representatives.--Section 603(a) is amended--
(1) by striking ``The Task Force shall consist of the
following representatives from--'' and inserting ``The Task
Force shall consist of representatives of the Office of the
Secretary from each of the following departments and of the
office of the head of each of the following Federal
agencies:'';
(2) by striking ``the'' in paragraphs (1) through (11) and
inserting ``The'';
(3) by striking the semicolon in paragraphs (1) through
(10) and inserting a period.
(4) by striking ``Quality; and'' in paragraph (11) and
inserting ``Quality.''; and
(5) by striking ``such other'' in paragraph (12) and
inserting ``Other''.
(b) State Representatives.--Section 603 is amended--
(1) by redesignating subsections (b) through (i) as
subsections (c) through (j), respectively;
(2) by inserting after subsection (a) the following:
``(b) State Representatives.--The Secretary shall establish
criteria for determining appropriate States to serve on the
Task Force and establish and implement a nominations process
to select representatives from 2 appropriate States in
different regions, on a rotating basis, to serve 2-year terms
on the Task Force.'';
(3) in subsection (h), as redesignated--
(A) by striking ``Not less than once every 5 years the'' in
paragraph (1) and inserting ``The'';
(B) by striking ``The first such'' in paragraph (1) and
inserting ``The'';
(C) by striking ``assessments'' in paragraph (2) and
inserting ``assessment''; and
(4) in subsection (i), as redesignated--
(A) by striking ``Not less than once every 5 years the'' in
paragraph (1) and inserting ``The'';
(B) by striking ``The first such'' in paragraph (1) and
inserting ``The'';
(C) by striking ``All subsequent assessments'' in paragraph
(1) and inserting ``The assessment''; and
(D) by striking ``assessments'' in paragraph (2) and
inserting ``assessment''.
SEC. 6. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.
The Act is amended by inserting after section 603 the
following:
``SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA
PROGRAM.
``(a) Establishment.--The President, acting through NOAA,
shall establish and maintain a national program for
integrating efforts to address harmful algal bloom and
hypoxia research, monitoring, prediction, control,
mitigation, prevention, and outreach.
``(b) Task Force Functions.--The Task Force shall be the
oversight body for the development and implementation of the
national harmful algal bloom and hypoxia program and shall--
``(1) coordinate interagency review of plans and policies
of the Program;
``(2) assess interagency work and spending plans for
implementing the activities of the Program;
``(3) assess the Program's distribution of Federal grants
and funding to address research priorities;
``(4) support implementation of the actions and strategies
identified in the regional research and action plans under
subsection (d);
``(5) support the development of institutional mechanisms
and financial instruments to further the goals of the
program;
``(6) expedite the interagency review process and ensure
timely review and dispersal of required reports and
assessments under this Act; and
``(7) promote the development of new technologies for
predicting, monitoring, and mitigating harmful algal blooms
and hypoxia conditions.
``(c) Lead Federal Agency.--NOAA shall be the lead Federal
agency for implementing and administering the National
Harmful Algal Bloom and Hypoxia Program.
``(d) Responsibilities.--The Program shall--
``(1) promote a national strategy to help communities
understand, detect, predict, control, and mitigate freshwater
and marine harmful algal bloom and hypoxia events;
``(2) plan, coordinate, and implement the National Harmful
Algal Bloom and Hypoxia Program; and
``(3) report to the Task Force via the Administrator.
``(e) Duties.--
``(1) Administrative duties.--The Program shall--
``(A) prepare work and spending plans for implementing the
activities of the Program and developing and implementing the
Regional Research and Action Plans and coordinate the
preparation of related work and spending plans for the
activities of other participating Federal agencies;
[[Page S6164]]
``(B) administer merit-based, competitive grant funding to
support the projects maintained and established by the
Program, and to address the research and management needs and
priorities identified in the Regional Research and Action
Plans;
``(C) coordinate NOAA programs that address harmful algal
blooms and hypoxia and other ocean and Great Lakes science
and management programs and centers that address the
chemical, biological, and physical components of harmful
algal blooms and hypoxia;
``(D) coordinate and work cooperatively with other Federal,
State, and local government agencies and programs that
address harmful algal blooms and hypoxia;
``(E) coordinate with the State Department to support
international efforts on harmful algal bloom and hypoxia
information sharing, research, mitigation, and control.''.
``(F) coordinate an outreach, education, and training
program that integrates and augments existing programs to
improve public education about and awareness of the causes,
impacts, and mitigation efforts for harmful algal blooms and
hypoxia;
``(G) facilitate and provide resources for training of
State and local coastal and water resource managers in the
methods and technologies for monitoring, controlling, and
mitigating harmful algal blooms and hypoxia;
``(H) support regional efforts to control and mitigate
outbreaks through--
``(i) communication of the contents of the Regional
Research and Action Plans and maintenance of online data
portals for other information about harmful algal blooms and
hypoxia to State and local stakeholders within the region for
which each plan is developed; and
``(ii) overseeing the development, review, and periodic
updating of Regional Research and Action Plans established
under section 603B;
``(I) convene an annual meeting of the Task Force; and
``(J) perform such other tasks as may be delegated by the
Task Force.
``(2) Program duties.--The Program shall--
``(A) maintain and enhance--
``(i) the Ecology and Oceanography of Harmful Algal Blooms
Program;
``(ii) the Monitoring and Event Response for Harmful Algal
Blooms Program;
``(iii) the Northern Gulf of Mexico Ecosystems and Hypoxia
Assessment Program; and
``(iv) the Coastal Hypoxia Research Program;
``(B) establish--
``(i) a Mitigation and Control of Harmful Algal Blooms
Program--
``(I) to develop and promote strategies for the prevention,
mitigation, and control of harmful algal blooms; and
``(II) to fund research that may facilitate the prevention,
mitigation, and control of harmful algal blooms; and
``(III) to develop and demonstrate technology that may
mitigate and control harmful algal blooms; and
``(ii) other programs as necessary; and
``(C) work cooperatively with other offices, centers, and
programs within NOAA and other agencies represented on the
Task Force, States, and nongovernmental organizations
concerned with marine and aquatic issues to manage data,
products, and infractructure, including--
``(i) compiling, managing, and archiving data from relevant
programs in Task Force member agencies;
``(ii) creating data portals for general education and data
dissemination on centralized, publicly available databases;
and
``(iii) establishing communication routes for data,
predictions, and management tools both to and from the
regions, states, and local communities.''.
SEC. 7. REGIONAL RESEARCH AND ACTION PLANS.
The Act, as amended by section 6, is amended by inserting
after section 603A the following:
``SEC. 603B. REGIONAL RESEARCH AND ACTION PLANS.
``(a) In General.--The Program shall--
``(1) oversee the development and implementation of
Regional Research and Action Plans; and
``(2) identify appropriate regions and sub-regions to be
addressed by each Regional Research and Action Plan.
``(b) Regional Panels of Experts.--As soon as practicable
after the date of enactment of the Harmful Algal Blooms and
Hypoxia Amendments Act of 2008, and every 5 years thereafter,
the Program shall convene a panel of experts for each region
identified under subsection (a)(2) from among--
``(1) State coastal management and planning officials;
``(2) water management and watershed officials from both
coastal states and noncoastal states with water sources that
drain into water bodies affected by harmful algal blooms and
hypoxia;
``(3) public health officials;
``(4) emergency management officials;
``(5) nongovernmental organizations concerned with marine
and aquatic issues;
``(6) science and technology development institutions;
``(7) economists;
``(8) industries and businesses affected by coastal and
freshwater harmful algal blooms and hypoxia;
``(9) scientists, with expertise concerning harmful algal
blooms or hypoxia, from academic or research institutions;
and
``(10) other stakeholders as appropriate.
``(c) Plan Development.--Each regional panel of experts
shall develop a Regional Research and Action Plan for its
respective region and submit it to the Program for approval
and to the Task Force. The Plan shall identify appropriate
elements for the region, including--
``(1) baseline ecological, social, and economic research
needed to understand the biological, physical, and chemical
conditions that cause, exacerbate, and result from harmful
algal blooms and hypoxia;
``(2) regional priorities for ecological and socio-economic
research on issues related to, and impacts of, harmful algal
blooms and hypoxia;
``(3) research needed to develop and advance technologies
for improving capabilities to predict, monitor, prevent,
control, and mitigate harmful algal blooms and hypoxia;
``(4) State and local government actions that may be
implemented--
``(A) to support long-term monitoring efforts and emergency
monitoring as needed;
``(B) to minimize the occurrence of harmful algal blooms
and hypoxia;
``(C) to reduce the duration and intensity of harmful algal
blooms and hypoxia in times of emergency;
``(D) to address human health dimensions of harmful algal
blooms and hypoxia; and
``(E) to identify and protect vulnerable ecosystems that
could be, or have been, affected by harmful algal blooms and
hypoxia;
``(5) mechanisms by which data and products are transferred
between the Program and State and local governments and
research entities;
``(6) communication, outreach and information dissemination
efforts that State and local governments and nongovernmental
organizations can undertake to educate and inform the public
concerning harmful algal blooms and hypoxia and alternative
coastal resource-utilization opportunities that are
available; and
``(7) pilot projects, if appropriate, that may be
implemented on local, State, and regional scales to address
the research priorities and response actions identified in
the Plan.
``(d) Plan Timelines; Updates.--The Program shall ensure
that--
``(1) not less than 50 percent of the Regional Research and
Action Plans developed under this section are completed and
approved by the Program within 12 months after the date of
enactment of the Harmful Algal Blooms and Hypoxia Amendments
Act of 2008;
``(2) the remaining Regional Research and Action Plans are
completed and approved by the Program within 24 months after
such date of enactment; and
``(3) each Regional Research and Action Plan is updated no
less frequently than once every 5 years.
``(e) Funding.--
``(1) In general.--Subject to available appropriations, the
Program shall make funding available to eligible
organizations to implement the research, monitoring,
forecasting, modeling, and response actions included under
each approved Regional Research and Action Plan. The Program
shall select recipients through a merit-based, competitive
process and seek to fund research proposals that most
effectively align with the research priorities identified in
the relevant Regional Research and Action Plan.
``(2) Application; assurances.--Any organization seeking
funding under this subsection shall submit an application to
the Program at such time, in such form and manner, and
containing such information and assurances as the Program may
require. The Program shall require any organization receiving
funds under this subsection to utilize the mechanisms
described in subsection (c)(5) to ensure the transfer of data
and products developed under the Plan.
``(3) Eligible organization.--In this subsection, the term
`eligible organization' means--
``(A) a nongovernmental researcher or organization; or
``(B) any other entity that applies for funding to
implement the State, local, and non-governmental control,
mitigation, and prevention strategies identified in the
relevant Regional Research and Action Plan.
``(f) Emergency Reviews.--If the Program determines that an
intermediate review is necessary to address emergent needs in
harmful algal blooms and hypoxia under a Regional Research
and Action Plan, it shall notify the Task Force and reconvene
the relevant regional panel of experts for the purpose of
revising the Regional Research and Action Plan so as to
address the emergent threat or need.''.
SEC. 8. REPORTING.
Section 603, as amended by section 5, is amended by adding
at the end thereof the following:
``(k) Biannual Reports.--The Program shall prepare biannual
reports for the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committees on
Science and Technology and on Natural Resources that
describe--
``(1) activities, budgets, and progress on implementing the
national harmful algal bloom and hypoxia program;
``(2) the proceedings of the annual Task Force meeting; and
``(3) the status, activities, and funding for
implementation of the Regional Research
[[Page S6165]]
and Action Plans, including a description of research funded
under the program and actions and outcomes of Plan response
strategies carried out by States.
``(l) Quinquennial Reports.--
``(1) Harmful Algal Bloom and Hypoxia Assessments.--Not
less than once every 5 years after the date of enactment of
the Harmful Algal Blooms and Hypoxia Amendments Act of 2008,
the Task Force shall prepare a report to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committees on Science and Technology and on
Natural Resources that--
``(A) describes the state of knowledge on harmful algal
blooms and hypoxia in marine and freshwater systems,
including the causes and ecological consequences;
``(B) describes the social and economic impacts of harmful
algal blooms and hypoxia and strategies for their
minimization and mitigation;
``(C) describes the human health impacts of harmful algal
blooms and hypoxia, including any gaps in existing research;
``(D) describes progress on developing technologies and
advancing capabilities for monitoring, forecasting, modeling,
control, mitigation, and prevention of harmful algal blooms
and hypoxia and implementation of strategies for achieving
these goals;
``(E) describes progress on, and techniques for,
integrating landscape- and watershed-level water quality
information into marine and freshwater harmful algal bloom
and hypoxia prevention and mitigation strategies, including
projects at the Federal and regional levels;
``(F) describes communication, outreach, and education
efforts to raise public awareness of harmful algal blooms and
hypoxia, their impacts, and the methods for mitigation and
prevention;
``(G) includes recommendations for integrating and
improving future national, regional, State, and local
policies and strategies for preventing and mitigating the
occurrence and impacts of harmful algal blooms and hypoxia;
and
``(H) describes impacts of harmful algal blooms and hypoxia
on coastal communities and a review of those communities'
efforts and associated economic costs related to event
forecasting, planning, mitigation, response, and public
outreach and education.
``(2) Public Comment.--At least 90 days before submitting
the report to Congress, the Secretary shall publish the draft
report in the Federal Register for a comment period of not
less than 60 days.''.
SEC. 9. PILOT PROGRAM FOR FRESHWATER HARMFUL ALGAL BLOOMS AND
HYPOXIA.
The Act, as amended by section 7, is amended by inserting
after section 603B the following:
``SEC. 603C. PILOT PROGRAM FOR FRESHWATER HARMFUL ALGAL
BLOOMS AND HYPOXIA.
``(a) Pilot Program.--The Secretary shall establish a
collaborative pilot program with the Environmental Protection
Agency and other appropriate Federal agencies to examine
harmful algal blooms and hypoxia occurring in freshwater
systems. The pilot program shall--
``(1) be established in the Mississippi River Basin
watershed;
``(2) assess the issues associated with, and impacts of,
harful algal blooms and hypoxia in freshwater ecosystems;
``(3) research the efficacy of mitigation measures,
including measures to reduce nutrient loading; and
``(4) recommend potential management solutions.
``(b) Report.--The Secretary of Commerce, in consultation
with other participating Federal agencies, shall conduct an
assessment of the effectiveness of the pilot program in
improving freshwater habitat quality and publish a report,
available to the public, of the results of the assessment.''.
SEC. 10. INTERAGENCY FINANCING.
The Act is amended by inserting after section 604 the
following:
``SEC. 604A. INTERAGENCY FINANCING.
``The departments and agencies represented on the Task
Force are authorized to participate in interagency financing
and share, transfer, receive, obligate, and expend funds
appropriated to any member of the Task Force for the purposes
of carrying out any administrative or programmatic project or
activity under this Act, including support for the Program, a
common infrastructure, information sharing, and system
integration for harmful algal bloom and hypoxia research,
monitoring, forecasting, prevention, and control. Funds may
be transferred among such departments and agencies through an
appropriate instrument that specifies the goods, services, or
space being acquired from another Task Force member and the
costs of the same.''.
SEC. 11. APPLICATION WITH OTHER LAWS.
The Act is amended by inserting after section 606 the
following:
``SEC. 607. EFFECT ON OTHER FEDERAL AUTHORITY.
``Nothing in this title supersedes or limits the authority
of any agency to carry out its responsibilities and missions
under other laws.''.
SEC. 12. DEFINITIONS.
(a) In General.--The Act is amended by inserting after
section 605 the following:
``SEC. 605A. DEFINITIONS.
``In this Act:
``(1) Administrator.--The term `Administrator' means the
Administrator of the NOAA.
``(2) Harmful algal bloom.--The term `harmful algal bloom'
means marine and freshwater phytoplankton that proliferate to
high concentrations, resulting in nuisance conditions or
harmful impacts on marine and aquatic ecosystems, coastal
communities, and human health through the production of toxic
compounds or other biological, chemical, and physical impacts
of the algae outbreak.
``(3) Hypoxia.--The term `hypoxia' means a condition where
low dissolved oxygen in aquatic systems causes stress or
death to resident organisms.
``(4) NOAA.--The term `NOAA' means the National Oceanic and
Atmospheric Administration.
``(5) Program.--The term `Program' means the integrated
harmful algal bloom and hypoxia program established under
section 603B.
``(6) Regional Research and Action Plan.--The term
`Regional Research and Action Plan' means a plan established
under section 603B.
``(7) Secretary.--The term `Secretary' means the Secretary
of Commerce, acting through NOAA.''.
``(8) Task force.--The term `Task Force' means the
Interagency Task Force established by section 603(a).
``(9) United states coastal waters.--The term `United
States coastal waters' includes the Great Lakes.''.
(b) Conforming Amendment.--Section 603(a) is amended by
striking ``Hypoxia (hereinafter referred to as the `Task
force').'' and inserting ``Hypoxia.''.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
Section 605 is amended to read as follows:--
``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
to NOAA to implement the Program under this title--
``(1) $30,000,000 for each of fiscal years 2009 and 2010;
and
``(2) $70,000,000 for each of fiscal years 2011, 2012, and
2013.The Secretary shall ensure that a substantial portion of
funds appropriated pursuant to this subsection that are used
for research purposes are allocated to extramural research
activities.
``(b) Regional Research and Action Plans.--In addition to
any amounts appropriated pursuant to subsection (a), there
are authorized to be appropriated to NOAA to develop and
revise the Regional Research and Action Plans, $40,000,000
for each of fiscal years 2009 and 2010, such sums to remain
available until expended.
``(c) Pilot Program.--In addition to any amounts
appropriated pursuant to subsection (a), there are authorized
to be appropriated to NOAA such sums as may be necessary to
carry out the pilot program established under section
603C.''.
Mr. NELSON of Florida. Mr. President, I rise today to introduce
legislation that will address an ongoing problem that adversely affects
local communities and coastal areas around my home State of Florida and
across coastal States nationwide.
Today, Senator Snowe and I, along with Senators Cantwell, Kerry,
Vitter, Levin, Voinovich, Boxer, Cardin, and Mikulski, are introducing
a bill that would reauthorize and enhance the Harmful Algal Bloom and
Hypoxia Research and Control Act, HABHRCA, which was enacted in 1998
and reauthorized 4 years ago. This act has enabled critical monitoring,
forecasting, and research activities that have greatly improved our
understanding and prediction of harmful algal blooms, nuisance blooms
like red drift, and low-oxygen or hypoxia events that plague our
estuaries and coastal waters.
While the accomplishments made to date through HABHRCA are certainly
valuable and to be commended, more work lies ahead. In Florida, harmful
algal blooms, including red tides, and frequent red drift events
continue to occur along our coasts.
According to experts from Mote Marine Laboratory in Sarasota, most of
Florida's red tides are caused by a microscopic algae called Karenia
brevis, which creates blooms that can last for months and cover
hundreds of square miles. What makes this organism so harmful are the
toxins it produces. These toxins can kill fish, birds, and other marine
animals. For humans, the toxins trigger respiratory problems, eye and
skin irritation, and shellfish poisoning when the toxins accumulate in
oysters and clams. When these blooms die, the decomposing algae strip
oxygen from the water column. These hypoxic conditions deprive fish,
manatees, and other animal species of the oxygen they need to survive.
A particularly devastating and intense red tide struck the Florida
gulf coast in the summer of 2005, causing widespread animal deaths and
public health and economic problems. The St.
[[Page S6166]]
Petersburg/Clearwater Area Convention and Visitors Bureau estimated
upwards of $240 million in losses for the Tampa region as a result of
this bloom.
Scientists have told us that red tides are a lot like hurricanes
complex but natural phenomena that can have profound impacts on our
environment and society. Although we may not be able to stop this
natural process, we can do more to predict it and take actions to
minimize its impacts on our citizens and natural resources.
While red drift algae lack the toxins associated with red tide, they
can nonetheless cause enormous problems along Florida's beaches. We
have had numerous red drift events in Florida over the last few years.
In March 2007, some witnesses described clumps of red drift algae the
size of hay bales floating on the surface of the Gulf of Mexico, and
washing onshore from Fort Myers to Anna Maria Island. Scientists have
also been looking into whether nutrients from the decomposing algae may
feed subsequent blooms, keeping local waters in a terrible cycle.
Other algal blooms are impairing waterways and causing social and
economic problems in my state. Earlier this month, a water treatment
plant on the Caloosahatchee River in Lee County had to be closed
temporarily due to a bloom of blue-green algae.
It is clear that harmful algal blooms and hypoxia events can have
devastating impacts on water and air quality, aquatic species,
wildlife, and beach conditions, which in turn affect public health,
commercial and recreational fishing, tourism, and related businesses in
our coastal communities. The question becomes, what can we do to stop
this? If we can't stop these events, how can we better plan for them
and take steps to minimize the impacts?
We have learned from scientists and researchers, many of whom were
funded by HABHRCA-authorized programs, that some harmful algal blooms
and red drift events can be triggered by excess nutrients from upland
areas that wash into rivers and are delivered to the coast. Because
this problem often crosses political and geographic boundaries, we must
pursue solutions that are regional in nature and bring together
expertise from all levels of government, from academia, and from other
outside groups who have a stake in keeping our coastal waters healthy,
clean, and productive.
Senator Snowe and I have worked together to craft a bill that will
not only continue critical research on harmful algal blooms and
hypoxia, but help address some of these pressing needs that exist on
every coast--from the Atlantic and Gulf of Mexico, to the Pacific and
the Great Lakes. Our bill will help integrate and improve coordination
among the government's programs that study and monitor these events.
The bill would also improve how regional, state, and local needs are
considered when prioritizing research grants and developing related
products. Most importantly, this bill would focus new resources on
translating research results into tools and products that state and
local governments can use to help prevent, respond to, and mitigate the
impacts of these events.
Although we have made significant progress in identifying some of the
causes and consequences of harmful algal blooms and hypoxia since 1998,
much work remains to find solutions that minimize the occurrence of
these events and that enable our coastal communities to become
resilient to the impacts. This legislation to amend and reauthorize the
Harmful Algal Blooms and Hypoxia Act represents an important step
toward realizing those goals.
In closing, I would like to recognize Senator Snowe for her
leadership on this issue. As the sponsor of both the original
legislation in 1998 and the 2004 amendments, her expertise on harmful
algal blooms and the impacts of these events on her constituents has
proved invaluable as we developed the measure before us today. I look
forward to working with Senator Snowe, in her role as ranking member of
the Oceans, Atmosphere, Fisheries, and Coast Guard Subcommittee of the
Commerce, Science, and Transportation Committee, as well as with
Chairman Cantwell and the other members of our subcommittee, to debate
this important legislation.
______
BY Mr. DURBIN:
S. 3197. A bill to amend title 11, United States Code, to exempt for
a limited period, from the application of the means-test presumption of
abuse under chapter 7, qualifying members of reserve components of the
Armed Forces and members of the National Guard who, after September 11,
2001, are called to active duty or to perform a homeland defense
activity for not less than 90 days; to the Committee on the Judiciary.
Mr. DURBIN. Mr. President, when our National Guard and Reserve
members return from active duty, the last thing they should have to
worry about is struggling to catch up on the bills. Sadly, acute
financial challenges are often exactly what greet our bravest men and
women when they come home.
For those families who are struggling to make ends meet after serving
our country, today I am introducing a bill, the National Guard and
Reservists Debt Relief Act, that would give these families a little
breathing room. My bill would waive the means test for entering into
Chapter 7 bankruptcy protection for National Guard and Reserve members
who have served since September 11, 2001. The bill would give these
families a little more time to reorganize their finances so that they
can get their lives back in order after serving.
The 2005 Bankruptcy Abuse Prevention and Consumer Protection Act
changed the U.S. bankruptcy code to make it significantly harder for
individuals to receive protection from their creditors via bankruptcy,
by requiring filers to pass a means test based on an individual's
income and expenses for the 6 month period preceding a bankruptcy
filing.
My bill would exempt returning Guard and Reserve members from this
means test, both because our finest men and women deserve greater
financial protection and because they are uniquely disadvantaged by the
means test criteria. Despite receiving much-deserved active duty pay
for their service, National Guard and Reserve members often take a pay
cut when they leave their jobs for a deployment. But because the means
test includes the past 6 months of income in its calculation, men and
women with little current income may not qualify for bankruptcy
protection.
This is an issue that will become increasingly important in my home
state of Illinois. The Illinois National Guard is preparing for the
largest deployment of soldiers since World War II, with more than 2,700
currently training for deployment to Afghanistan. For the men and women
in this group who find themselves in unfortunate financial
circumstances when they return home, particularly if our economy
continues to slow, this bill would help by allowing these men and women
to file for bankruptcy if they desperately need that help.
I am pleased that the House version of this legislation, championed
by my good friend Representative Jan Schakowsky, passed the House by
voice vote earlier this week. I urge my Senate colleagues to support
this bill just as strongly.
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
placed in the Record, as follows:
S. 3197
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 ``National Guard and
Reservists Debt Relief Act of 2008''.
SEC. 2. AMENDMENTS.
Section 707(b)(2)(D) of title 11, United States Code, is
amended--
(1) in each of clauses (i) and (ii)--
(A) by indenting the left margins of such clauses 2 ems to
the right; and
(B) by redesignating such clauses as subclauses (I) and
(II), respectively;
(2) by striking ``if the debtor is a disabled veteran'' and
inserting the following:
``if--
``(i) the debtor is a disabled veteran'';
(3) by striking the period at the end and inserting ``;
or''; and
(4) by adding at the end the following:
``(ii) while--
``(I) the debtor is--
``(aa) on, and during the 540-day period beginning
immediately after the debtor is released from, a period of
active duty (as defined in section 101(d)(1) of title 10) of
not less than 90 days; or
[[Page S6167]]
``(bb) performing, and during the 540-day period beginning
immediately after the debtor is no longer performing, a
homeland defense activity (as defined in section 901(1) of
title 32) performed for a period of not less than 90 days;
and
``(II) if, after September 11, 2001, the debtor while a
member of a reserve component of the Armed Forces or a member
of the National Guard, was called to such active duty or
performed such homeland defense activity.''.
SEC. 3. GAO STUDY.
(a) Comptroller General Study.--Not later than 2 years
after the effective date of this Act, the Comptroller General
shall complete and transmit to the Speaker of the House of
Representatives and the President pro tempore of the Senate,
a study of the use and the effects of the provisions of law
amended (and as amended) by this Act. Such study shall
address, at a minimum--
(1) whether and to what degree members of reserve
components of the Armed Forces and members of the National
Guard avail themselves of the benefits of such provisions,
(2) whether and to what degree such members are debtors in
cases under title 11 of the United States Code that are
substantially related to service that qualifies such members
for the benefits of such provisions,
(3) whether and to what degree such members are debtors in
cases under such title that are materially related to such
service, and
(4) the effects that the use by such members of section
707(b)(2)(D) of such title, as amended by this Act, has on
the bankruptcy system, creditors, and the debt-incurrence
practices of such members.
(b) Factors.--For purposes of subsection (a)--
(1) a case shall be considered to be substantially related
to the service of a member of a reserve component of the
Armed Forces or a member of the National Guard that qualifies
such member for the benefits of the provisions of law amended
(and as amended) by this Act if more than 33 percent of the
aggregate amount of the debts in such case is incurred as a
direct or indirect result of such service,
(2) a case shall be considered to be materially related to
the service of a member of a reserve component of the Armed
Forces or a member of the National Guard that qualifies such
member for the benefits of such provisions if more than 10
percent of the aggregate amount of the debts in such case is
incurred as a direct or indirect result of such service, and
(3) the term ``effects'' means--
(A) with respect to the bankruptcy system and creditors--
(i) the number of cases under title 11 of the United States
Code in which members of reserve components of the Armed
Forces and members of the National Guard avail themselves of
the benefits of such provisions,
(ii) the aggregate amount of debt in such cases,
(iii) the aggregate amount of debt of such members
discharged in cases under chapter 7 of such title,
(iv) the aggregate amount of debt of such members in cases
under chapter 7 of such title as of the time such cases are
converted to cases under chapter 13 of such title,
(v) the amount of resources expended by the bankruptcy
courts and by the bankruptcy trustees, stated separately, in
cases under title 11 of the United States Code in which such
members avail themselves of the benefits of such provisions,
and
(vi) whether and to what extent there is any indicia of
abuse or potential abuse of such provisions, and
(B) with respect to debt-incurrence practices--
(i) any increase in the average levels of debt incurred by
such members before, during, or after such service,
(ii) any indicia of changes in debt-incurrence practices
adopted by such members in anticipation of benefitting from
such provisions in any potential case under such title; and
(iii) any indicia of abuse or potential abuse of such
provisions reflected in the debt-incurrence of such members.
SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b),
this Act and the amendments made by this Act shall take
effect 60 days after the date of enactment of this Act.
(b) Application of Amendments.--The amendments made by this
Act shall apply only with respect to cases commenced under
title 11 of the United States Code in the 3-year period
beginning on the effective date of this Act.
______
BY Mr. SMITH (for himself and Mr. Dodd):
S. 3195. A bill to provide assistance to adolescents and young adults
with serious mental health disorders as they transition to adulthood;
to the Committee on Health, Education, Labor, and Pensions. I
Mr. SMITH. Mr. President, I rise today with my colleague Senator Dodd
to introduce a bill that will have a tremendous impact on millions of
young adults in America who will suffer from mental illness in their
lifetime. The Healthy Transition Act of 2008 is an important bill and I
look forward to its passage.
Senator Dodd has been an ardent champion for children, and as the
Sponsor of the Garrett Lee Smith Memorial Act in 2004 and the bill to
reauthorize the successful grant program again last year, it has been
an honor to work with him to ensure our Nation's youth and their mental
health needs are not forgotten.
I want to begin by thanking my colleague Representative Pete Stark
for working with me on this important issue and for joining me in
requesting a report by the Government Accountability Office,GAO last
year on the barriers facing youth with serious mental health disorders
as they age into adulthood. It has been a pleasure to work with him on
drafting legislation that we will introduce today as I know he shares a
passion for improving the lives of our children and young adults.
This time in a young person's life is so difficult with the pressures
of being independent, finding a first job, going to college and really
discovering who you are. For so many of our Nation's youth this time is
made so much more difficult by their struggle with mental illness. My
son Garrett struggled with his transition to adulthood and in his
ability to access the help he needed during this critical time. These
young adults deserve our attention, our support and our compassion.
Finally, I want to thank the many stakeholders and advocates that
have put so much time and dedication into working with us to introduce
this bill, the Healthy Transition Act of 2008. They include the
National Alliance on Mental Illness, the Children's Defense Fund, the
National Federation of Families for Children's Mental Health, the
Bazelon Center for Mental Health Law, and the American Psychological
Association, just to name a few.
The findings of the GAO report that Congressman Stark and I
requested, tells us that at least 2.4 million young adults aged 18-26
had a mental illness in 2006. We know that this number could be greatly
understated as it does not count young adults who are
institutionalized, incarcerated or homeless--all of which are groups
that are known to have higher rates of mental illness.
These young people have such tremendous challenges that cause them to
demonstrate lower rates of high school graduation and college
attendance than their peers who do not suffer from mental illness. They
also have lower propensity to find employment and remain stable in
their communities. In my home State of Oregon, this transition-age
population was found to be 80 percent less likely than any other
population in the State with mental health needs to receive services.
However, from this report, and the work innovative States are doing
to support our young people, we know that we can do a better job of
helping these youth. We can do better at ensuring they can remain
stable in their communities, that they can live healthy lives, and that
they can prosper as adults.
The bill that Senator Dodd, Representative Stark and I are
introducing today will support States that want to do better for our
Nation's young adults with mental illness. As the GAO found, too often
services are not directed at this population or young adults are shoved
into a system that was designed for a different age group with
different needs.
Our bill, the Healthy Transition Act of 2008, will provide grants to
States to first develop statewide coordination plans to assist
adolescents and young adults with a serious mental health disorder to
acquire the skills and resources they need to make a healthy transition
to adulthood. After this plan has been submitted and evaluated by
SAMHSA, States may then compete for a second round of grants to help
them implement the plan that they have made.
Lastly, this bill will develop a Committee of Federal Partners that
will coordinate service programs that assist adolescents and young
adults with mental illness at the federal level and provide technical
assistance to States as they implement their plans. They also will
report to Congress on their activities so that we can ensure they are
doing their best to make sure these vulnerable young adults get the
help and support they need.
[[Page S6168]]
This is such a critical time in a person's life and I look forward to
continuing to work with my colleagues to make sure it is as healthy and
positive an experience as it can be. I look forward to working with my
colleagues to ensure its passage. I urge my colleagues on both sides of
the aisle to support the bill.
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. 3195
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 ``Healthy Transition Act of
2008''.
SEC. 2. HEALTHY TRANSITIONING FOR YOUTH.
Subpart 3 of part B of title V of the Public Health Service
Act (42 U.S.C. 290bb-31 et seq.) is amended by adding at the
end the following:
``SEC. 520K. HEALTHY TRANSITIONING FOR YOUTH.
``(a) Planning Grants.--
``(1) In general.--The Secretary, in consultation with the
agencies described in subsection (c)(3), shall award grants
or cooperative agreements to States to develop plans for the
statewide coordination of services to assist adolescents and
young adults with a serious mental health disorder in
acquiring the skills, knowledge, and resources necessary to
ensure their healthy transition to successful adult roles and
responsibilities.
``(2) Application.--To be eligible for a grant or
cooperative agreement under this subsection, a State shall
submit to the Secretary an application, at such time, in such
manner, and containing such information as the Secretary may
require.
``(3) Plan.--Not later than 18 months after the receipt of
a grant or cooperative agreement under this subsection, a
State shall submit to the Secretary a State plan that shall
include--
``(A) reliable estimates on the number of adolescents and
young adults with serious mental health disorders in the
State;
``(B) information on the youth targeted under this Act,
including--
``(i) the number of adolescents and young adults with
serious mental health disorders in the State and the number
of such individuals who are currently being served in the
State;
``(ii) the number of such individuals who are receiving
mental health services provided by State agencies other than
the agency responsible for mental health services in the
State;
``(iii) the number of youth with serious mental health
disorders who are involved in the juvenile justice system in
the State;
``(iv) the number of youth with serious mental health
disorders who are involved in the child protection system in
the State;
``(v) the number of youth with serious mental health
disorders who have plans in effect under the Individuals with
Disabilities Education Act in the State;
``(vi) the number of youth with serious mental health
disorders who are involved in vocational rehabilitation in
the State;
``(vii) the range of ages served by the programs described
in clauses (i) through (vi);
``(viii) a description of the overall transition
coordination that is currently provided by the State or local
authorities and programs in the State;
``(C) an identification of the skills, knowledge, and
resources that adolescents and young adults with serious
mental health disorders in the State will need to ensure
their successful and healthy transition into adult roles and
responsibilities;
``(D) an identification of the obstacles that adolescents
and young adults with serious mental health disorders in the
State encounter while transitioning into adult roles and
responsibilities, including breaks in service or programs
caused by eligibility and program criteria differences
between the child and adult mental health systems and the
lack of local access to mental health and transition
services;
``(E) an identification of the current level, type,
quality, effectiveness, and availability of services,
including evidence-based practices, available in the State
that are uniquely designed for adolescents and young adults
with a serious mental health disorder to ensure a healthy
transition to successful adult roles and responsibilities;
``(F) an identification of adolescents and young adults
with a serious emotional disorder who have a low likelihood
of a healthy and successful transition due to the severity of
their illness, and an identification of how the State will
provide treatment and other support services to this
population;
``(G) an analyses of the strengths, weaknesses, and gaps of
the current system in the State, including the availability
of lack of mental health professionals trained to treat
adolescents and young adults with a serious mental health
disorder, as well as barriers, to address the needs of
adolescents and young adults with a serious mental health
disorder with an appropriate array of effective services and
supports;
``(H) a description of how the State will improve the
system of care to ensure successful and healthy transitions;
``(I) a description of how the State will coordinate the
services of State and non-State agencies that serve
adolescents and young adults with a serious mental health
disorder;
``(J) a description of how the State will provide a system
of coordinated service delivery under the grant or
cooperative agreement that will address the effective
services, supports, and unique needs of adolescents and young
adults with a serious mental disorder, including those who
have been placed in out of home settings such as the juvenile
justice system or those who are or were involved in the child
protection systems;
``(K) a description of how the State will coordinate
efforts under the grant or cooperative agreement with
existing services and systems in the State that focus on life
skills necessary for a healthy transition including health,
employment and pre-employment training, transportation,
housing, recreation, mental health services, substance abuse,
vocational rehabilitation services for persons with
disabilities, and training for adolescents, young adults and
adults, consumers and their families;
``(L) a description of how the State will work to build
workforce capacity to serve the population described in
subparagraph (J);
``(M) a description of how the State will reach out to the
target population pre-transition, during transition, and
post-transition;
``(N) a description of how the State is currently utilizing
and leveraging (and how the State will use and leverage)
Federal funding streams to care for the target population,
including funding through Medicaid, the Department of Housing
and Urban Development, the Department of Labor though
supported employment, the Early and Periodic Screening,
Diagnosis, and Treatment Program, and other programs, and
including an outline of the barriers the State faces in
making Federal funding flow to the targeted population in a
coordinated manner;
``(O) a description of how the State will involve
adolescents and young adults with serious mental health
disorders and their families and guardians in the service
design, planning, and implementation of the plan under the
grant or cooperative agreement;
``(P) an implementation subplan that shall be designed to
recognize the challenges of implementing a program between
communities at a statewide level and how the State will
overcome those challenges;
``(Q) a description of how the State plans to evaluate
outcomes under the program funded under the grant or
cooperative agreement;
``(R) a designation of the State office that will be the
lead agency responsible for administering the program under
the grant or cooperative agreement;
``(S) a description of how the State will ensure that the
activities planned under the grant or cooperative agreement
will remain sustainable at the end of the cycle of Federal
funding under this section; and
``(T) any other information determined appropriate by the
Secretary.
``(4) Duration of support.--The duration of a grant or
cooperative agreement under this subsection shall not exceed
2 fiscal years.
``(5) Technical assistance.--The Secretary shall provide
technical assistance and training in the development of the
plan under paragraph (3), including convening a meeting of
potential applicants for grants or cooperative agreement
under this subsection.
``(6) Authorization of appropriations.--
``(A) In general.--There is authorized to be appropriated
to carry out this subsection, $6,000,000 for fiscal year
2009, and such sums as may be necessary for each of fiscal
years 2010 through 2013.
``(B) Technical assistance.--The Secretary shall make
available 15 percent of the amount appropriated under
subparagraph (A) in each fiscal year for technical assistance
under paragraph (5)
``(b) Implementation Grants.--
``(1) In general.--The Secretary shall award grants or
cooperative agreement to eligible States for the coordination
of services to assist adolescents and young adults with
serious mental health disorders in acquiring the services,
skills, and knowledge necessary to ensure their healthy
transition to successful adult roles and responsibilities.
``(2) Eligibility.--To be eligible for a grant or
cooperative agreement under paragraph (1), a State shall--
``(A) be a State that has received a grant or cooperative
agreement under subsection (a) and submitted a plan that
meets the requirements of paragraph (3) of such subsection;
or
``(B) be a State that has not received such a grant or
cooperative agreement but that has a plan that is equivalent
to the plan required under subsection (a)(3).
``(3) Application.--To be eligible for a grant or
cooperative agreement under this subsection, a State shall
submit to the Secretary an application, at such time, in such
manner, and containing such information as the Secretary
requires, including--
``(A) a copy of the plan submitted under subsection (a)(3),
or in the case of a State described in paragraph (2)(B), a
plan that is equivalent to the plan required under subsection
(a)(3);
``(B) a list of the State agencies that will participate in
the program to be funded under the grant or cooperative
agreement along with written verification as to the
commitment of such agencies to the program;
[[Page S6169]]
``(C) an assurance that the State will develop a
coordinating committee composed of representatives of the
participating State agencies, as well as consumers and
families of consumers;
``(D) a description of the role of such coordinating
committee; and
``(E) the names of at least two local communities that will
implement the program at the local level and how those
communities will implement the State plan.
``(4) Use of funds.--Funds provided under a grant or
cooperative agreement under this subsection shall be used to
implement the State plan, including--
``(A) facilitating a youth ombudsman or other advocacy
program;
``(B) facilitating peer support programs and networks
within the State;
``(C) facilitating access to independent living and life
skills supports;
``(D) developing infrastructure to support access to
necessary health, mental health, employment, education, and
housing supports; and
``(E) facilitating the training of support providers and
workforce capacity to serve the target population.
``(5) Duration of support.--The duration of a grant or
cooperative agreement under this subsection shall not exceed
5 fiscal years.
``(6) Matching requirement.--
``(A) In general.--To be eligible for a grant or
cooperative agreement under this subsection, the State shall
agree that, with respect to the costs to be incurred by the
State in carrying out activities under the grant or
cooperative agreement, the State will make available
(directly or through donations from public or private
entities) non-Federal contributions toward such costs in an
amount that--
``(i) for the first fiscal year for which the State
receives payments under the grant or cooperative agreement,
is not less than $1 for each $3 of Federal funds provided
under the grant or cooperative agreement;
``(ii) for any second or third such fiscal year, is not
less than $1 for each $2 of Federal funds provided under the
grant or cooperative agreement;
``(iii) for any fourth such fiscal year, is not less than
$1 for each $1 of Federal funds provided under the grant or
cooperative agreement; and
``(iv) for any fifth such fiscal year, is not less than $2
for each $1 of Federal funds provided under the grant or
cooperative agreement.
``(B) Determination of amount contributed.--
``(i) In general.--Non-Federal contributions required under
subparagraph (A) may be in cash or in kind, fairly evaluated,
including plant, equipment, or services. Amounts provided by
the Federal Government, or services assisted or subsidized to
any significant extent by the Federal Government, may not be
included in determining the amount of such non-Federal
contributions.
``(ii) Non-federal contributions.--In making a
determination of the amount of non-Federal contributions for
purposes of clause (i), the Secretary may include only non-
Federal contributions in excess of the average amount of non-
Federal contributions made by the State involved toward the
purpose of the grant or cooperative agreement under this
subsection for the 2-year period preceding the first fiscal
year for which the State receives a grant or cooperative
agreement under such subsection.
``(7) Technical assistance.--The Secretary shall provide
technical assistance and training to recipients of grants or
cooperative agreements under this subsection, including
convening meetings each year to identify ways of improving
State programs. Such meetings shall include the members of
the Federal Partners Committee under subsection (c).
``(8) Evaluation.--The Secretary shall carry out a cross-
site evaluation that--
``(A) reports on current State efforts to transition the
population involved prior to the implementation of the State
plans under this section; and
``(B) evaluates the program carried out by the State under
this section to determine the effectiveness of such program
in meeting its goals and objectives as compared with current
approaches.
``(9) Authorization of appropriations.--
``(A) In general.--There is authorized to be appropriated
to carry out this subsection, $6,000,000 for each of fiscal
years 2009 and 2010, $15,000,000 for fiscal year 2011,
$20,000,000 for fiscal year 2012, and $25,000,000 for fiscal
year 2013.
``(B) Technical assistance and evaluation.--The Secretary
shall make available 15 percent of the amount appropriated
under subparagraph (A), or $2,000,000 whichever is greater,
in each fiscal year for technical assistance under paragraph
(7) and the evaluation under paragraph (8).
``(c) Federal Partners.--
``(1) In general.--The Secretary shall designate an
existing Federal entity, or establish a Committee of Federal
Partners, to coordinate service programs to assist
adolescents and young adults with serious mental health
disorders in acquiring the knowledge and skills necessary for
them to transition into adult roles and responsibilities.
``(2) Existing federal entity.--If the Secretary elects to
utilize an existing Federal entity under paragraph (1), the
Secretary shall ensure that--
``(A) such entity is comprised of representatives of at
least the agencies described in paragraph (3); and
``(B) such entity shall give special attention to the
knowledge and skills needed by adolescents and young adults
with mental health disorders in coordinating the programs
funded under this section.
``(3) Membership.--A Federal entity utilized under this
subsection, or a committee established under paragraph (1),
shall include representatives of--
``(A) the Department of Education (or any subagency of the
Department);
``(B) the Department of Health and Human Services (or any
subagency of the Department);
``(C) the Department of Labor (or any subagency of the
Department);
``(D) the Department of Transportation (or any subagency of
the Department);
``(E) the Department of Housing and Urban Development (or
any subagency of the Department);
``(F) the Department of Interior (or any subagency of the
Department);
``(G) the Department of Justice (or any subagency of the
Department);
``(H) the Social Security Administration;
``(I) an organization representing consumers and families
of consumers as designated by the Secretary; and
``(J) an organization representing mental health and
behavioral health professionals as designated by the
Secretary.
``(4) Role of entity or committee.--The Federal entity or
committee designated or established under paragraph (1) shall
review how Federal programs and efforts that address issues
related to the transition of adolescents and young adults
with serious mental health disorders may be coordinated to
ensure the maximum benefit for the individuals being served
and to provide technical assistance to the States who are
planning or implementing programs under this section.
``(5) Report.--Not later than 18 months after the date of
enactment of this Act, the Federal entity or committee
designated or established under paragraph (1) shall submit to
the appropriate committees of Congress, and make available to
the general public, a report concerning the participation of
Federal agencies and stakeholders in the planning and
operations of the entity or committee. Such report shall also
contain a description of the status of the efforts of such
entity or committee in coordinating Federal efforts on behalf
of the target population.
``(6) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
$1,000,000 for fiscal year 2009, and such sums as may be
necessary for each of fiscal years 2010 through 2013.
``(d) Definition.--In this section, the term `serious
mental health disorder' has the meaning given the term
`serious mental illness' by the Administrator for purposes of
this title.''.
____________________