[Congressional Record Volume 155, Number 44 (Thursday, March 12, 2009)]
[Senate]
[Pages S3075-S3089]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. FEINSTEIN (for herself and Mr. Kennedy):
  S. 577. A bill to amend title 18, United States Code, to provide 
penalties for individuals who engage in schemes to defraud aliens and 
for other purposes; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce the 
Immigration Fraud Prevention Act of 2009, on behalf of myself and 
Senator Kennedy, to prevent the exploitation of people, citizens, and 
non-citizens alike, who are preyed on when seeking immigration 
assistance.
  The Immigration Fraud Prevention Act would prevent and punish fraud 
and misrepresentation in the context of immigration proceedings. The 
act would create a new Federal crime to penalize those who engage in 
schemes to defraud aliens in connection with Federal immigration laws.
  Specifically, the act would make it a Federal crime to wilfully and 
knowingly defraud or obtain or receive money or anything else of value 
from any person by false or fraudulent pretences, representations, or 
promises; and to wilfully, knowingly, and falsely represent that an 
individual is an attorney or accredited representative in any matter 
arising under Federal immigration law.
  Violations of these crimes would result in a fine, imprisonment of 
not more than 5 years, or both.
  The bill would also authorize the Attorney General and the Secretary 
of Homeland Security to use task forces currently in existence to 
detect and investigate individuals who are in violation of the 
immigration fraud crimes as created by the bill.
  The act would also work to prevent immigration fraud by requiring 
that Immigration Judges issue warnings about unauthorized practice of 
immigration law to immigrants in removal proceedings, similar to the 
current law that requires notification of pro bono legal services to 
these immigrants; requiring the Attorney General to provide outreach to 
the immigrant community to help prevent fraud; providing that any 
materials used to carry out notification on immigration law fraud is 
done in the appropriate language for that community; and requiring the 
distribution of the disciplinary list of individuals not authorized to 
appear before the immigration courts and the Board of Immigration 
Appeals, BIA, currently maintained by the Executive Office of 
Immigration Review, EOIR.
  Unfortunately, the need for Federal action to prevent and prosecute 
immigration fraud has escalated in recent years as citizens and non-
citizens attempt to navigate the immigration legal system. Thus far, 
only States have sought to regulate the unauthorized practice of 
immigration law.
  Since immigration law is a federal matter, I believe the solution to 
such misrepresentation and fraud should be addressed by Congress.
  By enacting this bill, Congress would help prevent more victims like 
Vincent Smith, a Mexican national who has resided in California since 
1975. His wife is an American citizen, and they live with their 6 U.S. 
citizen children in Palmdale, CA.
  Mr. Smith would likely have received a green card at least two 
different times during his stay in California. However, in attempting 
to get legal counsel, Mr. Smith hired someone whom he thought was an 
attorney, but was not. As a result, Mr. Smith was charged more than 
$10,000 for processing his immigration paperwork, which was never 
filed. Mr. Smith now has no legal status and faces removal proceedings.
  Another victim of immigration fraud is Raul, a Mexican national, who 
came to the United States in 2000. He also married a U.S. citizen, 
Loraina, making him eligible to apply for a green card. Raul and his 
wife went to Jose for legal help. Jose's business card said he had a 
``law office'' and that he was an ``immigration specialist.'' But Jose 
was not a specialist and charged Raul $4,000 to file a frivolous asylum 
petition. While Raul thought he was going to receive a green card, he 
was instead placed into removal proceedings.
  From California to New York, there are hundreds of stories like 
these. Many immigrants are preyed on because of their fears--others on 
their hope of realizing the American dream. They are charged exorbitant 
fees for the filing of frivolous paperwork that clog our immigration 
courts and keep families and businesses waiting in limbo for years.
  Law enforcement officials say that many fraudulent ``immigration 
specialists'' close their businesses or move on to another part of the 
state or country before they can be held accountable. They can make 
$100,000 to $200,000 a year and the few who have been caught rarely 
serve more than a few months in jail. Often victims of such crimes are 
deported, sending them back to their home countries without 
accountability for the perpetrator of the fraud.
  Most recently, hundreds of immigrants were exploited by Victor M. 
Espinal, who was arrested for allegedly posing as an immigration 
attorney. Nearly 125 of Mr. Espinal's clients attended the New York 
City Bar Association's free clinic to address their legal and 
immigration options. According to prosecutors, Mr. Espinal falsely 
claimed on his business cards that he was licensed and admitted to the 
California bar as well as the bar in the Dominican Republic.
  Organizations such as the Los Angeles Country Bar Association, 
National Immigration Forum, American Immigration Lawyers Association, 
and American Bar Association have been documenting this exploitation 
for many years. Today, I ask my colleagues to join me and Senator 
Kennedy in putting an end to it.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 577

       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 ``Immigration Fraud Prevention 
     Act of 2009''.

     SEC. 2. SCHEMES TO DEFRAUD ALIENS.

       (a) Amendments to Title 18.--
       (1) In general.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 1041. Schemes to defraud aliens

       ``(a) In General.--Any person who willfully and knowingly 
     executes a scheme or artifice, in connection with any matter 
     that is authorized by or arises under Federal immigration 
     laws or any matter the offender willfully and knowingly 
     claims or represents is authorized by or arises under Federal 
     immigration laws, to--
       ``(1) defraud any person; or
       ``(2) obtain or receive money or anything else of value 
     from any person by means of false or fraudulent pretenses, 
     representations, promises,
     shall be fined under this title, imprisoned not more than 5 
     years, or both.

[[Page S3076]]

       ``(b) Misrepresentation.--Any person who willfully, 
     knowingly, and falsely represents that such person is an 
     attorney or an accredited representative (as that term is 
     defined in section 1292.1 of title 8, Code of Federal 
     Regulations or any successor regulation to such section) in 
     any matter arising under Federal immigration laws shall be 
     fined under this title, imprisoned not more than 5 years, or 
     both.''.
       (2) Clerical amendment.--The table of sections for chapter 
     47 of title 18, United States Code, is amended by adding 
     after the item related to section 1040 the following:
``1041. Schemes to defraud aliens.''.
       (b) Investigation of Schemes to Defraud Aliens.--The 
     Attorney General and the Secretary of Homeland Security shall 
     use the Executive Office of Immigration Review to detect and 
     investigate individuals who are in violation of section 1041 
     of title 18, United States Code, as added by subsection 
     (a)(1).

     SEC. 3. NOTICE AND OUTREACH.

       (a) Notice to Aliens in Immigration Proceedings.--
       (1) In general.--Subparagraph (E) of section 239(a)(1) of 
     the Immigration and Nationality Act (8 U.S.C. 1229(a)(1)) is 
     amended to read as follows:
       ``(E)(i) The alien may be represented by counsel and the 
     alien will be provided--
       ``(I) a period of time to secure counsel under subsection 
     (b)(1); and
       ``(II) a current list of counsel prepared under subsection 
     (b)(2).
       ``(ii) A description of who may represent the alien in the 
     proceedings, including a notice that immigration consultants, 
     visa consultants, and other unauthorized individuals may not 
     provide that representation.''.
       (2) List of disciplined practitioners.--Subsection (b) of 
     section 239 of the Immigration and Nationality Act (8 U.S.C. 
     1229) is amended--
       (A) by redesignating paragraph (3) as paragraph (6); and
       (B) by inserting after paragraph (2) the following new 
     paragraphs:
       ``(3) List of disciplined practitioners.--The Attorney 
     General shall provide for lists (updated no less often than 
     quarterly) of persons who are prohibited for providing 
     representation in immigration proceedings.
       ``(4) Foreign language materials.--The materials required 
     to be provided to an alien under this subsection shall be 
     provided in appropriate languages, including English and 
     Spanish.
       ``(5) Oral notification.--At the earliest possible 
     opportunity, an immigration judge shall orally advise an 
     alien in a removal proceeding of the information described in 
     paragraphs (2) and (3).''.
       (b) Outreach to Immigrant Communities.--
       (1) Authority to conduct.--The Attorney General, through 
     the Director of the Executive Office for Immigration Review, 
     and the Secretary of Homeland Security shall carry out a 
     program to educate aliens regarding who may provide legal 
     services and representation to aliens in immigration 
     proceedings through cost-effective outreach to immigrant 
     communities.
       (2) Purpose.--The purpose of the program authorized under 
     paragraph (1) is to prevent aliens from being subjected to 
     fraud by immigration consultants, visa consultants, and other 
     individuals who are not authorized to provide legal services 
     or representation to aliens.
       (3) Availability.--The Attorney General and the Secretary 
     of Homeland Security shall make information regarding fraud 
     by immigration consultants, visa consultants, and other 
     individuals who are not authorized to provide legal services 
     or representation to aliens available--
       (A) at appropriate offices that provide services or 
     information to aliens; and
       (B) through Internet websites that are--
       (i) maintained by the Attorney General or the Secretary; 
     and
       (ii) intended to provide information regarding immigration 
     matters to aliens.
       (4) Foreign language materials.--Any educational materials 
     used to carry out the program authorized under paragraph (1) 
     shall be made available to immigrant communities in 
     appropriate languages, including English and Spanish.
                                 ______
                                 
      By Mr. BENNET (for himself, Mr. Casey, Mr. Johanns, and Mr. 
        Sanders):
  S. 581. A bill to amend the Richard B. Russell National School Lunch 
Act and the Child Nutrition Act of 1966 to require the exclusion of 
combat pay from income for purposes of determining eligibility for 
child nutrition programs and the special supplemental nutrition program 
for women, infants, and children; to the Committee on Agriculture. 
Nutrition, and Forestry.
  Mr. JOHANNS. Mr. President, I rise today to offer my support for the 
Military Family Nutrition Protection Act, which we introduced today to 
protect the eligibility of military families for nutrition assistance 
programs. This bill will do a great service to the families of our men 
and women serving in uniform in combat zones overseas.
  When a soldier is deployed to a combat zone such as Iraq or 
Afghanistan, he or she receives a temporary increase in pay called 
``combat pay.'' Too often, combat pay increases the soldier's salary to 
a level that makes his family ineligible for essential nutrition 
assistance programs like the School Lunch and School Breakfast 
programs; the Special Supplemental Nutrition Program for Women, 
Infants, and Children; and other programs. The family can no longer 
receive government assistance for food, despite the fact that the 
soldier's increase in pay is only temporary.
  Our bill will remove this burden from our military families and stop 
punishing them for the sacrifices their loved ones make overseas. The 
bill stipulates that combat zone pay be excluded from consideration 
when determining a family's eligibility for all child nutrition 
programs. That way, when a soldier deploys to a combat zone, his or her 
family can continue to receive the nutrition assistance it needs, and 
our soldiers have one less thing to worry about in the combat zone.
  As Secretary of Agriculture, I proposed a similar combat pay 
exemption for Food Stamp eligibility, a proposal that was included in 
the final version of the Farm Bill passed by Congress last year. The 
Military Family Nutrition Protection Act is the logical next step to 
ensuring our military families get the assistance they need while their 
loved ones are away at war.
  As a member of the Senate Agriculture Committee, I am proud to 
cosponsor this important piece of legislation. I look forward to 
working on the upcoming reauthorization of the child nutrition 
programs, and I will urge my colleagues on the Committee and in the 
Senate to include the Military Family Nutrition Protection Act as part 
of that reauthorization.
                                 ______
                                 
      By Mr. SANDERS (for himself and Mr. Durbin):
  S. 582. A bill to amend the Truth in Lending Act to protect consumers 
from usury, and for other purposes; to the Committee on Banking, 
Housing, and Urban affairs.
  Mr. SANDERS. Mr. President, as I think all Americans understand, 
there is a new sense of outrage today at what Wall Street has done 
through their greed, their recklessness and, perhaps, illegal behavior, 
in plunging this Nation and, in fact, the world into a deep recession, 
which has caused the loss of millions and millions of jobs, had an 
extraordinarily negative impact on so many people's lives in terms of 
their savings and their ability to send their kids to college, and in 
terms of the loss of their homes. That is what Wall Street has done.
  In my view, as I have said time and time before, we must have a deep 
investigation to understand what this crisis was, who are the people 
responsible for all of this damage, and we must hold them accountable. 
In fact, it will be a test of the criminal justice system of this 
country if, in fact, we have the courage to say to these millionaires 
and billionaires: You know what, the law applies to you too, and you 
cannot act illegally and cause so much damage to our country and the 
world.
  One of the many senses of anger and frustration that we hear from the 
American people, one of them that I hear about very often from 
Vermonters, as well as people all over this country, is that at a time 
when we are providing hundreds of billions of dollars to bail out Wall 
Street, at a time when large banks are borrowing money from the Fed at 
a zero interest rate, the response of Wall Street has been to say: 
Thank you very much for all of that, and now we are going to charge you 
15, 20, 25, 30 percent interest rates on your credit cards.
  It seems to me that when the middle class is shrinking, when people 
are losing their savings, when people are losing their jobs, it is an 
absolute outrage that Wall Street, which is being bailed out by the 
taxpayers of this country, is now charging exorbitant and usurious 
interest rates for the American people.
  What we are seeing now all over this country is millions of people 
who are suddenly receiving notices from these banks that say, oh, by 
the way, we are going to double or triple your interest rate. That is 
wrong and that has to end.
  I am not going to quote from the Bible, but trust me, it goes back to 
the Bible, where there are very clear references to the immorality of 
usury. In fact, what we have to understand is that what Wall Street and 
these credit

[[Page S3077]]

card companies today are doing is not anything different than what 
gangsters and loan shark artists do who break people's kneecaps when 
they don't pay back, only these gangsters have three-piece suits and 
have millions of dollars. But at the same time they are destroying 
people's lives by charging 25, 30 percent interest rates.
  Today, I will be introducing legislation that will require any lender 
in this country to immediately cap all interest rates on consumer loans 
at 15 percent, including credit cards.
  How do we select 15 percent as the appropriate number to deal with 
the usury which is going on in this country? The reason we selected 
that number is because 15 percent is the same interest rate cap 
Congress imposed on credit union loans almost 30 years ago when it 
amended the Federal Credit Union Act.
  Many people do not know this, but, in fact, right now credit unions, 
with certain exceptions, have to charge interest rates of 15 percent or 
lower. I do not see the credit unions of this country coming to 
Congress for hundreds of billions of dollars in bailouts. In fact, they 
are doing quite well. They are responding to the credit needs of their 
small businesses in their communities and to individuals. They are 
doing well. They have survived and have thrived with this regulation.
  Right now, the National Credit Union Administration imposes a 15-
percent cap, except under certain circumstances where the interest rate 
can go as high as 18 percent. The legislation I will be introducing 
today also would allow banks to charge higher interest rates if the 
Federal Reserve determines that is a necessity to maintain the safety 
and the soundness of lenders.
  Essentially all we are saying today is we have to end the outrage by 
which Wall Street and large credit card companies are ripping off the 
American people, and the solution we are proposing is to simply emulate 
what the Federal Credit Union Act does for the credit unions all over 
this country.
  I am very proud Senator Dick Durbin is an original cosponsor of this 
legislation. I hope many of my colleagues will join him in sponsoring 
this bill.
  Interestingly enough, the proposal we are introducing today is very 
similar to one former Senator Al D'Amato advocated for in 1991 when he 
offered an amendment to cap credit card interest rates. The D'Amato 
amendment would have capped all credit card interest rates at 14 
percent. I should mention that amendment was adopted by the Senate with 
a vote of 74 to 19. If the Senate voted overwhelmingly in favor of that 
amendment back in 1991, I hope we will have at least or more support 
for my bill today because the problem today actually is far more 
severe.
  This is legislation the American people want. The American people are 
sick and tired of being ripped off by Wall Street, especially when they 
are bailing out these large financial institutions.
  Credit card use today is no longer just for luxuries. All over this 
country, people are buying their groceries with credit cards, and they 
are buying other basic necessities with credit cards because they have 
no other alternative. Young people are paying some of their college 
expenses with credit cards. Given that reality, given the fact that the 
middle class is hurting, it seems to me that if we are going to respond 
to the needs of the American people, we need to deal with the usury 
that is going on in this country. We need to cap interest rates.
  I look forward very much to my colleagues supporting this 
legislation.
                                 ______
                                 
      By Mr. PRYOR (for himself, Ms. Snowe, Mr. Johnson, Mr. Alexander, 
        and Mr. Durbin):
  S. 583. A bill to provide grants and loan guarantees for the 
development and construction of science parks to promote the clustering 
of innovation through high technology activities; to the Committee on 
Commerce, Science, and Transportation.
  Ms. SNOWE. Mr. President, I rise today to introduce, with my 
colleague, Senator Pryor, the Building a Stronger America Act. This 
bipartisan legislation is a vital step toward recognizing the value of 
``science parks''--which are concentrated high-tech, science, and 
research-related businesses--in strengthening America's global 
competitiveness. Through the development of new innovative 
technologies, competing and complementary companies working within 
close quarters are able to build upon each other's ideas when entering 
the national and global marketplace. Unlike well known industrial 
parks, science parks focus primarily on innovation and product 
advancement. These parks are a vital part of the Nation's economy, 
creating 2.57 jobs for each core job in a science park.
  As ranking member of the Senate Committee on Small Business and 
Entrepreneurship and a senior member of the Senate Commerce Committee, 
I adamantly encourage increased investment in new and existing science, 
research, and technology parks throughout the United States as it is 
vital in the creation of new jobs. Our legislation would allow the 
Secretary of Commerce to guarantee up to 80 percent of loans exceeding 
$10 million for the construction of science parks. Additionally, the 
bill would provide grants for the development of feasibility studies 
and plans for the construction or expansion of science parks. This 
bipartisan measure would drive innovation and regional entrepreneurship 
by enabling science parks to renovate or build, while also encouraging 
rural and urban States to undertake studies on developing their own 
successful clusters.
  On August 9, 2007, the President signed into law, the America 
Competes Act legislation authorizing $43 billion of new funding over 
the next three fiscal years that will boost Federal investment in math 
and science education programs. The bill we are introducing today would 
help to ensure that this workforce is provided with avenues in which to 
operate, building on the efforts of the America Competes Act by 
increasing research funding and education for our innovative workforce.
  In my home State of Maine, we simply do not have the population 
density in any given area to support traditional science parks. 
However, Maine is a national leader in providing business 
``incubation'' services. Incubators are critical to the success of new 
companies. To help startup entrepreneurs in Maine, incubation centers 
around the State provide business support tailored to companies in 
their region. The benefit of business incubators in Maine has been 
nothing short of monumental, with 87 percent of all businesses that 
graduate from incubators remaining in business, surviving, and creating 
new jobs. The seven technology centers located throughout Maine play a 
pivotal role in promoting technology-led economic development by 
advancing their own regional competitive advantages. Under the Building 
a Stronger America Act, both science parks and business incubators will 
be eligible for its vital assistance.
  Residency in science parks provides businesses with numerous 
advantages, including access to a range of management, marketing, and 
financial services. At its heart, a science park provides an organized 
link to local research centers or universities, providing resident 
companies with the constant access to the expertise, knowledge, and 
technology they need to grow. These innovation centers are specifically 
geared toward the needs of new and small companies, providing a 
controlled environment for the incubation of firms and the achievement 
of high growth.
  It is also vital to point out that the jobs science parks reflect the 
needs of a high-tech, innovative, and global marketplace. Science parks 
have helped lead the technological revolution and have created more 
than 300,000 high-paying science and technology jobs, along with 
another 450,000 indirect jobs, for a total of 750,000 jobs in North 
America.
  Our Nation's capacity to innovate is a key reason why our economy 
continues to grow and remains the envy of the world. Through America's 
investments in science and technology, we continually change our 
country for the better. Ideas by innovative Americans in the private 
and public sector have paid enormous dividends, improving the lives of 
millions throughout the world. We must continue to encourage all 
avenues for advancing this vital sector if America is to compete at the 
forefront of innovation, and I urge my colleagues to support this 
legislation.

[[Page S3078]]

                                 ______
                                 
      By Mr. AKAKA (for himself, Mr. Bingaman and Mr. Durbin):
  S. 585. A bill to provide additional protections for recipients of 
the earned income tax credit; to the Committee on Finance.
  Mr. AKAKA. Mr. President, today I am introducing the Taxpayer Abuse 
Prevention Act. Refund anticipation loans, RALs, are short term loans 
facilitated by tax preparers and secured by a taxpayer's expected tax 
refund which typically carry a three or four digit interest rate. These 
predatory RALs prey on low-income taxpayers, diminishing their earned 
tax credits.
  Earned Income Tax Credit, EITC, benefits are intended to help working 
families meet their food, clothing, housing, transportation, and 
education needs. According to the Internal Revenue Service, IRS, in 
2007 EITC filers made up 63 percent of all RAL consumers despite being 
only 17 percent of the taxpayer population. The National Consumer Law 
Center estimates $567 million was drained out of the EITC program in 
2007 by RAL loan and add-on fees. Working families cannot afford to 
lose a significant portion of their EITC funds by expensive, short-term 
RALs.
  The high interest rates and fees charged on RALs are not justified 
because these loans are outstanding for only a short length of time and 
present minimal risk to lenders because of the Debt Indicator, DI, 
program. The DI program is a service provided by the IRS that informs 
the lender whether or not an applicant owes Federal or State taxes, 
child support, student loans, or other government obligations, which 
assists tax preparers in ascertaining the ability of applicants to 
obtain their full refund so that the RAL can be repaid.
  It is troubling that the Department of the Treasury facilitates the 
use of RALs. In 1995, use of the DI program was suspended because of 
massive fraud in e-filed returns with RALs. The use of the DI program 
was reinstated in 1999. The effect of the DI program on total RAL 
volume is clear: the number of RALs fell dramatically following the 
suspension of the program in 1995 and rose again to pre-suspension 
levels immediately following its reinstatement in 1999. Use of the DI 
program should once again be stopped because it is helping tax 
preparers make excessive profits from low- and moderate-income 
taxpayers who utilize RALs. The Department of the Treasury should not 
be facilitating the use of RALs that allow tax preparers to reap 
outrageous profits by exploiting working families.
  The Taxpayer Abuse Prevention Act will protect consumers against 
predatory loans, reduce the involvement of the Department of the 
Treasury in facilitating the exploitation of taxpayers by terminating 
the DI program, and expand access to opportunities for saving and 
lending at mainstream financial services. My bill prohibits refund 
anticipation loans that utilize EITC benefits. Other federal benefits, 
such as Social Security, have similar restrictions to ensure that the 
beneficiaries receive the intended benefit.
  My bill also limits several of the objectionable practices of RAL 
providers. It will prohibit lenders from using tax refunds to collect 
outstanding obligations for previous RALs. In addition, mandatory 
arbitration clauses for RALs that utilize federal tax refunds would be 
prohibited to ensure that consumers have the ability to take future 
legal action if necessary.
  Too many working families are susceptible to predatory lending 
because they are left out of the financial mainstream. Between 25 and 
56 million adults are unbanked, or not using mainstream, insured 
financial institutions. The unbanked rely on alternative financial 
service providers to obtain cash from checks, pay bills, send 
remittances, utilize payday loans, and obtain credit. Many of the 
unbanked are low- and moderate-income families that can ill afford to 
have their earnings unnecessarily diminished by reliance on high-cost 
and often predatory financial services. In addition, the unbanked are 
unable to save in preparation for the loss of a job, a family illness, 
a down payment on a first home, or education expenses.
  To address this problem, my bill also expands access to mainstream 
financial services. Electronic Transfer Accounts, ETAs, are low-cost 
accounts at banks and credit unions intended for recipients of certain 
Federal benefit payments, such as Social Security payments. My bill 
expands the eligibility for ETAs to include EITC benefits. These 
accounts will allow taxpayers to receive direct deposit refunds into an 
account without the need for a RAL.
  Furthermore, my bill would mandate that low- and moderate-income 
taxpayers be provided opportunities to open low-cost accounts at 
federally insured banks or credit unions via appropriate tax forms. 
Providing taxpayers with the option of opening a bank or credit union 
account through the use of tax forms provides an alternative to RALs 
and immediate access to financial opportunities found at banks and 
credit unions.
  The timeliness of this legislation has never been greater. I urge all 
of my colleagues to support this important bill that offers consumer 
protection from predatory RALs and expand access to mainstream 
financial services.
  I want to thank my colleagues, Senator Bingaman and Senator Durbin, 
for cosponsoring this 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 
placed in the Record, as follows:

                                 S. 585

       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 ``Taxpayer Abuse Prevention 
     Act''.

     SEC. 2. PREVENTION OF DIVERSION OF EARNED INCOME TAX CREDIT 
                   BENEFITS.

       (a) In General.--Section 32 of the Internal Revenue Code of 
     1986 (relating to earned income tax credit) is amended by 
     adding at the end the following new subsection:
       ``(n) Prevention of Diversion of Credit Benefits.--The 
     right of any individual to any future payment of the credit 
     under this section shall not be transferable or assignable, 
     at law or in equity, and such right or any moneys paid or 
     payable under this section shall not be subject to any 
     execution, levy, attachment, garnishment, offset, or other 
     legal process except for any outstanding Federal obligation. 
     Any waiver of the protections of this subsection shall be 
     deemed null, void, and of no effect.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 3. PROHIBITION ON DEBT COLLECTION OFFSET.

       (a) In General.--No person shall, directly or indirectly, 
     individually or in conjunction or in cooperation with another 
     person, engage in the collection of an outstanding or 
     delinquent debt for any creditor or assignee by means of 
     soliciting the execution of, processing, receiving, or 
     accepting an application or agreement for a refund 
     anticipation loan or refund anticipation check that contains 
     a provision permitting the creditor to repay, by offset or 
     other means, an outstanding or delinquent debt for that 
     creditor from the proceeds of the debtor's Federal tax 
     refund.
       (b) Refund Anticipation Loan.--For purposes of subsection 
     (a), the term ``refund anticipation loan'' means a loan of 
     money or of any other thing of value to a taxpayer because of 
     the taxpayer's anticipated receipt of a Federal tax refund.
       (c) Effective Date.--This section shall take effect on the 
     date of the enactment of this Act.

     SEC. 4. PROHIBITION OF MANDATORY ARBITRATION.

       (a) In General.--Any person that provides a loan to a 
     taxpayer that is linked to or in anticipation of a Federal 
     tax refund for the taxpayer may not include mandatory 
     arbitration of disputes as a condition for providing such a 
     loan.
       (b) Effective Date.--This section shall apply to loans made 
     after the date of the enactment of this Act.

     SEC. 5. TERMINATION OF DEBT INDICATOR PROGRAM.

       The Secretary of the Treasury shall terminate the Debt 
     Indicator program announced in Internal Revenue Service 
     Notice 99-58.

     SEC. 6. EXPANSION OF ELIGIBILITY FOR ELECTRONIC TRANSFER 
                   ACCOUNTS.

       (a) In General.--The last sentence of section 3332(j) of 
     title 31, United States Code, is amended by inserting ``other 
     than any payment under section 32 of such Code'' after 
     ``1986''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments made after the date of the enactment 
     of this Act.

     SEC. 7. PROGRAM TO ENCOURAGE THE USE OF THE ADVANCE EARNED 
                   INCOME TAX CREDIT.

       (a) In General.--Not later than 6 months after the date of 
     the enactment of this Act, the Secretary of the Treasury 
     shall, after consultation with such private, nonprofit, and 
     governmental entities as the Secretary determines 
     appropriate, develop and implement a program to encourage the 
     greater utilization of the advance earned income tax credit.
       (b) Reports.--Not later than the date of the implementation 
     of the program described in subsection (a), and annually 
     thereafter, the Secretary of the Treasury shall report to the 
     Committee on Finance of the

[[Page S3079]]

     Senate and the Committee on Ways and Means of the House of 
     Representatives on the elements of such program and progress 
     achieved under such program.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as are necessary to carry out 
     the program described in this section. Any sums so 
     appropriated shall remain available until expended.

     SEC. 8. PROGRAM TO LINK TAXPAYERS WITH DIRECT DEPOSIT 
                   ACCOUNTS AT FEDERALLY INSURED DEPOSITORY 
                   INSTITUTIONS.

       (a) Establishment of Program.--Not later than 1 year after 
     the date of the enactment of this Act, the Secretary of the 
     Treasury shall enter into cooperative agreements with 
     federally insured depository institutions to provide low- and 
     moderate-income taxpayers with the option of establishing 
     low-cost direct deposit accounts through the use of 
     appropriate tax forms.
       (b) Federally Insured Depository Institution.--For purposes 
     of this section, the term ``federally insured depository 
     institution'' means any insured depository institution (as 
     defined in section 3 of the Federal Deposit Insurance Act (12 
     U.S.C. 1813)) and any insured credit union (as defined in 
     section 101 of the Federal Credit Union Act (12 U.S.C. 
     1752)).
       (c) Operation of Program.--In providing for the operation 
     of the program described in subsection (a), the Secretary of 
     the Treasury is authorized--
       (1) to consult with such private and nonprofit 
     organizations and Federal, State, and local agencies as 
     determined appropriate by the Secretary, and
       (2) to promulgate such regulations as necessary to 
     administer such program.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as are necessary to carry out 
     the program described in this section. Any sums so 
     appropriated shall remain available until expended.
                                 ______
                                 
      By Mrs. MURRAY:
  S. 586. A bill to direct the Secretary of Health and Human Services 
to implement a National Neurotechnology Initative, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Mrs. MURRAY. Mr. President, today I am pleased to introduce 
legislation that would make a tremendous difference in the lives of the 
millions of Americans suffering from neurological illnesses, injuries, 
or disorders.
  An estimated one in three Americans suffers from some kind of 
neurological condition, from Alzheimer's to Parkinson's to multiple 
sclerosis. An increasing number of our troops and veterans suffer from 
disorders such as Traumatic Brain Injury, TBI, and Post-Traumatic 
Stress Disorder, PTSD.
  Yet, despite this, we still have only a limited understanding of how 
the brain works, or how best to treat, diagnose, and cure neurological 
diseases and conditions. It is taking a terrible toll on our families 
and communities.
  I know from experience how devastating these brain injuries and 
disorders are for victims and their families. My own father developed 
MS when I was young, and when he became too sick to work, my family had 
to rely on food stamps for a time just to get by.
  Every day, we hear heart-wrenching stories of Iraq and Afghanistan 
veterans suffering from TBI and PTSD. Veterans with these disorders are 
more likely to struggle with joblessness, homelessness, substance 
abuse, and depression. Many are in pain, desperate for help, but unsure 
where to find it. And, tragically, an increasing number are taking 
their own lives as a result.
  A recent study by the Institute of Medicine, IOM, found that the 
long-term health consequences of TBI alone include dementia, 
Parkinson's-like symptoms, seizures, and problems related to 
socialization and unemployment. Clearly, TBI and related disorders will 
affect our servicemembers and veterans far into the future, and we owe 
it to them to develop better treatments and understanding of these 
injuries and disorders.
  The Neurotechnology Initiative Act of 2009, which I am introducing 
today, would coordinate our efforts to support new developments in 
research, speed up our understanding of the human brain, and help lead 
to treatments for all victims of neurological disorders.
  The legislation would make needed improvements to the research system 
in our country, which now is disjointed, often limiting the ability for 
life-altering research to reach patients in need. For example, it costs 
nearly $100 million more--and takes 2 years longer than average--to 
bring a drug that treats a neurological disease to the market. The 
combined economic burden of these illnesses and disorders is estimated 
at $1 trillion annually.
  The National Neurotechnology Initiative Act would increase funding to 
the National Institutes of Health, NIH; help remove bottlenecks in the 
system to speed up research; coordinate neurological research across 
federal agencies by creating a blueprint for neuroscience at NIH; and 
streamline the FDA approval process for life-changing neurological 
drugs--without sacrificing safety.
  The act also has economic benefits. It will help create jobs in the 
emerging field of neurotechnology. By developing better treatments, we 
can reduce health care costs for everyone.
  This research also has the potential to transform highly specialized 
areas of medicine, computing, and defense. Most importantly, it could 
save or improve the lives of millions of Americans.
  I am proud that this bill has support in the House, and I look 
forward to working on it with my colleagues here in the Senate.
                                 ______
                                 
      By Mr. LUGAR:
  S. 587. A bill to establish a Western Hemisphere Energy Cooperation 
Forum to establish partnerships with interested countries in the 
hemisphere to promote energy security through the accelerated 
development of sustainable biofuels production and energy alternatives, 
research, and infrastructure, and for other purposes; to the Committee 
on Foreign Relations.
  Mr. LUGAR. 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. 587

       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 ``Western 
     Hemisphere Energy Compact''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Western Hemisphere Energy Cooperation Forum.
Sec. 5. United States-Brazil biofuels partnership.
Sec. 6. International agricultural extension programs.
Sec. 7. Biofuels feasibility studies.
Sec. 8. Regional development banks.
Sec. 9. Carbon credit trading mechanisms.
Sec. 10. Energy crisis response preparedness.
Sec. 11. Energy foreign assistance.
Sec. 12. Energy public diplomacy.
Sec. 13. Report.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The engagement of the United States Government on 
     energy issues with governments of willing countries in the 
     Western Hemisphere is a strategic priority because such 
     engagement can help to--
       (A) reduce the potential for conflict over energy 
     resources;
       (B) maintain and expand reliable energy supplies;
       (C) expand the use of renewable energy; and
       (D) reduce the detrimental effects of energy import 
     dependence.
       (2) Several nations in the Western Hemisphere, including 
     Brazil, Canada, Mexico, the United States, and Venezuela, are 
     important for global energy security and climate change 
     mitigation.
       (3) Current energy dialogues and agreements should be 
     expanded and refocused, as needed, to meet the challenges 
     described in paragraph (1).
       (4) Countries in the Western Hemisphere can most 
     effectively meet their common needs for energy security and 
     sustainability through partnership and cooperation. 
     Cooperation between governments on energy issues will enhance 
     bilateral and regional relationships among countries in the 
     Western Hemisphere. The Western Hemisphere is rich in natural 
     resources, including biomass, oil, natural gas, and coal, and 
     there are significant opportunities for the production of 
     renewable energy, including hydroelectric, solar, geothermal, 
     and wind power. Countries in the Western Hemisphere can 
     provide convenient and reliable markets for their own energy 
     needs and for foreign trade in energy goods and services.
       (5) Development of sustainable energy alternatives in 
     countries in the Western Hemisphere can improve energy 
     security, balance of trade, and environmental quality, and 
     can provide markets for energy technology and agricultural 
     products.
       (6) Brazil and the United States have led the world in the 
     production of ethanol. Deeper cooperation on biofuels with 
     other countries in the hemisphere would extend economic, 
     security, and political benefits. The Government of the 
     United States has actively worked with the Government of 
     Brazil to develop a strong biofuels partnership and to 
     increase the production and use of biofuels. On March 9, 
     2007, the Memorandum of Understanding Between the United 
     States

[[Page S3080]]

     and Brazil to Advance Cooperation on Biofuels was signed in 
     Sao Paulo, Brazil.
       (7) Private sector partnership and investment in all 
     sources of energy is critical to providing energy security in 
     the Western Hemisphere. Several countries in the Western 
     Hemisphere have endangered their investment climate. Other 
     countries in the Western Hemisphere have been unable to make 
     reforms necessary to create investment climates necessary to 
     increase the domestic production of energy.
       (8) It is the policy of the United States to promote free 
     trade in energy among countries in the Western Hemisphere, 
     which would--
       (A) help support a growing energy industry;
       (B) create jobs that benefit development and alleviate 
     poverty;
       (C) increase energy security through supply 
     diversification; and
       (D) strengthen integration among countries in the Western 
     Hemisphere through closer cooperation.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Biofuel.--The term ``biofuel'' means any liquid fuel 
     that is derived from biomass.
       (2) Biomass.--The term ``biomass'' means any organic matter 
     that is available on a renewable or recurring basis, 
     including agricultural crops, trees, wood, wood wastes and 
     residues, plants (including aquatic plants), grasses, 
     residues, fibers, animal wastes, municipal wastes, and other 
     waste materials.
       (3) Partner country.--The term ``partner country'' means a 
     country that has agreed to conduct a biofuels feasibility 
     study under section 7.
       (4) Regional development bank.--The term ``regional 
     development bank'' means the African Development Bank, the 
     Inter-American Development Bank, the Andean Development 
     Corporation, the European Bank for Reconstruction and 
     Development, and the Asian Development Bank.

     SEC. 4. WESTERN HEMISPHERE ENERGY COOPERATION FORUM.

       (a) Establishment.--The Secretary of State, in coordination 
     with the Secretary of Energy, shall seek to establish a 
     ministerial forum with countries in the Western Hemisphere to 
     be known as the Western Hemisphere Energy Cooperation Forum 
     (in this subsection referred to as the ``Energy Forum'').
       (b) Purposes.--The purposes of the Energy Forum shall be 
     to--
       (1) strengthen relationships between countries of the 
     Western Hemisphere through cooperation on energy issues;
       (2) enhance cooperation, including information and 
     technology cooperation, between major energy producers and 
     major energy consumers in the Western Hemisphere;
       (3) explore possibilities for countries in the Western 
     Hemisphere to work together to promote renewable energy 
     production (particularly in biofuels) and to lessen 
     dependence on oil imports without reducing food security;
       (4) ensure the energy supply is sufficient to facilitate 
     continued economic, social, and environmental progress in the 
     countries of the Western Hemisphere;
       (5) provide an opportunity for open dialogue and joint 
     commitments among partner countries and with private 
     industry;
       (6) provide partner countries the flexibility necessary to 
     cooperatively address broad challenges posed to the energy 
     supply of the Western Hemisphere and to find solutions that 
     are politically acceptable and practical in policy terms; and
       (7) improve transparency in the energy sector.
       (c) Activities.--The Secretary of State, together with the 
     Secretary of Energy, shall seek to implement, in cooperation 
     with partner countries--
       (1) an energy crisis initiative that will promote national 
     and regional measures to respond to temporary energy supply 
     disruptions, including participation in a Western Hemisphere 
     energy crisis response mechanism in accordance with section 
     9(b);
       (2) an energy sustainability initiative to facilitate the 
     long-term security of the energy supply by fostering reliable 
     sources of energy and improved energy efficiency, including--
       (A) developing, deploying, and commercializing technologies 
     for producing sustainable renewable energy within the Western 
     Hemisphere;
       (B) promoting production and trade in sustainable energy, 
     including energy from biomass;
       (C) facilitating investment, trade, and technology 
     cooperation in energy infrastructure, petroleum products, 
     natural gas (including liquefied natural gas), and energy 
     efficiency (including automotive efficiency), cleaner fossil 
     energy, renewable energy, and carbon sequestration 
     technologies;
       (D) promoting regional infrastructure and market 
     integration;
       (E) developing effective and stable regulatory frameworks;
       (F) developing policy instruments to encourage the use of 
     renewable energy and improved energy efficiency;
       (G) establishing educational training and exchange programs 
     between partner countries;
       (H) identifying and removing barriers to trade in 
     technology, services, and commodities;
       (I) promoting dialogue and common measures of environmental 
     sustainability for energy practices; and
       (J) mapping potential energy resources from hydrocarbons, 
     hydrokinetic, solar, wind, biomass, and geothermal;
       (3) an energy for development initiative to promote energy 
     access for underdeveloped areas through energy policy and 
     infrastructure development, including--
       (A) increasing access to energy services for the poor;
       (B) improving energy sector market conditions;
       (C) promoting rural development though biomass and other 
     renewable energy production and use;
       (D) increasing transparency of, and participation in, 
     energy infrastructure projects;
       (E) promoting development and deployment of technology for 
     clean and sustainable energy development, including biofuel 
     and clean coal technologies;
       (F) facilitating the use of carbon sequestration methods in 
     agriculture and forestry, including facilitating 
     participation in international carbon markets; and
       (G) developing microenergy opportunities;
       (4) a climate change mitigation and adaptation initiative, 
     including activities such as--
       (A) coordinating regional public and private partnerships 
     for greenhouse gas reduction;
       (B) identifying opportunities and facilitating mechanisms 
     for forest preservation and reclamation;
       (C) sharing best practices in energy policy formulation and 
     execution;
       (D) identifying areas at severe risk for climate change, 
     such as drought, flooding, and other environmental phenomena 
     that could lead to crisis;
       (E) identifying areas in need of agricultural innovation to 
     prepare for climate change, including using biotechnology 
     where appropriate; and
       (F) cataloging greenhouse gas emissions in the Western 
     Hemisphere, including private sector reporting; and
       (5) the increase use of biofuels based on the studies 
     provided by each partner country under section 7.
       (d) Implementation.--It is the sense of Congress that--
       (1) all partner countries should meet at least once every 
     year;
       (2) partner countries should meet on a subregional basis, 
     as needed; and
       (3) civil society, indigenous populations, and private 
     industry representatives should be integral to the activities 
     of the Energy Forum.
       (e) Western Hemisphere Energy Industry Group.--
       (1) Authority.--The Secretary of State, in coordination 
     with the Secretary of Commerce and the Secretary of Energy, 
     shall seek to establish a Western Hemisphere Energy Industry 
     Group (in this subsection referred to as the ``Energy 
     Group'') within the Energy Forum. The Energy Group should 
     include representatives from industry and governments in the 
     Western Hemisphere.
       (2) Purposes.--The purposes of the Energy Group are to--
       (A) increase public-private partnerships;
       (B) foster private investment;
       (C) enable countries in the Western Hemisphere to devise 
     energy agendas that are compatible with industry capacity and 
     cognizant of industry goals; and
       (D) promote transparency in financial flows in the 
     extractive industries in accordance with the principles of 
     the Extractive Industries Transparency Initiative.
       (3) Discussion topics.--It is the sense of Congress that 
     the Energy Group should--
       (A) promote a secure investment climate;
       (B) research and deploy biofuels and other alternative 
     fuels and clean electrical production facilities, including 
     clean coal and carbon capture and storage;
       (C) develop and deploy energy efficient technologies and 
     practices in the industrial, residential, and transportation 
     sectors;
       (D) invest in oil and natural gas production and 
     distribution;
       (E) maintain transparency of data relating to energy 
     production, trade, consumption, and reserves;
       (F) promote biofuels research; and
       (G) establish training and education exchange programs.
       (f) Oil and Natural Gas Working Group.--
       (1) Establishment.--The Secretary of State and the 
     Secretary of Energy shall seek to establish an Oil and Gas 
     Working Group within the Energy Forum or the Energy Group.
       (2) Purpose.--The purpose of the Oil and Gas Working Group 
     shall be to strengthen dialogue between international oil 
     companies, national oil companies, and civil society groups 
     on issues relating to international standards on 
     transparency, social responsibility, and best practices in 
     leasing and management of oil and natural gas projects.
       (g) Appropriation.--There are authorized to be appropriated 
     to the Secretary of State $6,000,000 for fiscal year 2010 to 
     carry out this section.

     SEC. 5. UNITED STATES-BRAZIL BIOFUELS PARTNERSHIP.

       (a) In General.--The Secretary of State, in coordination 
     with the Secretary of Energy, shall work with the Government 
     of Brazil to--
       (1) coordinate efforts to promote the production and use of 
     biofuels among countries

[[Page S3081]]

     in the Western Hemisphere, giving preference to those 
     countries that are among the poorest and most dependent on 
     petroleum imports, including--
       (A) coordinating the biofuels feasibility studies described 
     in section 7;
       (B) collaborating on policy and regulatory measures to--
       (i) promote domestic biofuels production and use, including 
     related agricultural and environmental measures;
       (ii) reform the transportation sector to increase the use 
     of biofuels, increase efficiency, reduce emissions, and 
     integrate the use of advanced technologies; and
       (iii) reform fueling infrastructure to allow for the use of 
     biofuels and other alternative fuels;
       (2) invite the European Union, China, India, South Africa, 
     Japan, and other interested countries to join in and expand 
     existing international efforts to promote the development of 
     a global strategy to create global biofuels markets and 
     promote biofuels production and use in developing countries;
       (3) assess the feasibility of working with the World Bank 
     and relevant regional development banks regarding--
       (A) biofuels production capabilities; and
       (B) infrastructure, research, and training related to such 
     capabilities; and
       (4) develop a joint and coordinated strategy regarding the 
     construction and retrofitting of pipelines and terminals near 
     major fuel distribution centers, coastal harbors, and 
     railroads.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of State $6,000,000 for 
     fiscal year 2010 to carry out this section.

     SEC. 6. INTERNATIONAL AGRICULTURAL EXTENSION PROGRAMS.

       (a) In General.--The Secretary of Agriculture shall work 
     with the Government of Brazil, the Government of Canada, and 
     other governments of partner countries, to facilitate joint 
     agricultural extension activities related to biofuels crop 
     production, biofuels production, and the measurement and 
     reduction of greenhouse gas emissions.
       (b) Educational Grants.--The Secretary of Energy, in 
     coordination with the Secretary of State and the Secretary of 
     Agriculture, and in collaboration with the Government of 
     Brazil, shall establish a grant program to finance advanced 
     biofuels research and collaboration between academic and 
     research institutions in the United States and Brazil.
       (c) Funding Sources.--
       (1) Authorization of appropriations.--There are authorized 
     to be appropriated for fiscal year 2010--
       (A) to the Secretary of Agriculture, $10,000,000 to carry 
     out subsection (a); and
       (B) to the Secretary of Energy, $14,000,000 to carry out 
     subsection (b).
       (2) Supplemental funding sources.--The Secretary of State 
     shall work with the Government of Brazil, the government of 
     each partner country, regional development banks, the 
     Organization of American States, and other interested parties 
     to identify supplemental funding sources for the biofuels 
     feasibility studies described in section 7.

     SEC. 7. BIOFUELS FEASIBILITY STUDIES.

       (a) In General.--The Secretary of State, in consultation 
     with the Secretary of Energy, shall work with each partner 
     country to conduct a study to determine the feasibility of 
     increasing the production and use of biofuels in each such 
     country.
       (b) Analysis of the Energy Policy Framework.--The study 
     conducted under subsection (a) shall analyze--
       (1) the energy policy of the partner country, particularly 
     the impact of such policy on the promotion of biofuels; and
       (2) the status and impact of any existing biofuels programs 
     of the country.
       (c) Assessment of Demand.--The study conducted under 
     subsection (a) shall assess, with respect to the partner 
     country--
       (1) the quantitative and qualitative current and projected 
     demand for energy by families, villages, industries, public 
     transportation infrastructure, and other energy consumers;
       (2) the future demand for heat, electricity, and 
     transportation;
       (3) the demand for high-quality transportation fuel;
       (4) the local market prices for various energy sources; and
       (5) the employment, income generation, and rural 
     development opportunities from the biofuels industry.
       (d) Assessment of Resources.--The study conducted under 
     subsection (a) shall--
       (1) assess the present and future biomass resources that 
     are available in each geographic region of the partner 
     country to meet the demand assessed under subsection (c);
       (2) include a plan for increasing the availability of 
     existing biomass resources in the country; and
       (3) include a plan for developing new, sustainable biomass 
     resources in the country, including wood, manure, 
     agricultural residues, sewage, and organic waste.
       (e) Analysis of Available Technologies Systems.--Based on 
     the assessments described in subsections (c) and (d), the 
     study for each partner country shall--
       (1) analyze available technologies and systems for using 
     biofuels in the country, including--
       (A) converting biomass crops and agroforestry residues into 
     pellets and briquettes;
       (B) using low-pollution stoves;
       (C) engaging in biogas production;
       (D) engaging in charcoal and activated coal production;
       (E) engaging in biofuels production;
       (F) using combustion and co-combustion technologies; and
       (G) using biofuels technologies in various geographic 
     regions;
       (2) analyze the economic viability of biomass technologies 
     in the country; and
       (3) compare the technologies and systems in the country 
     relating to biofuels with the technologies and systems for 
     conventional energy supplies to determine if biofuels 
     technology is cost-effective, low-maintenance, and socially 
     acceptable, and the impact of biofuels on economic 
     development.
       (f) Environmental Assessment.--The study conducted by each 
     partner country under subsection (a) shall assess--
       (1) the probable environmental impact of increased biomass 
     harvesting and production, and biofuels production and use; 
     and
       (2) the availability of financing for biofuels from global 
     carbon credit trading mechanisms.
       (g) Food Security Assessment.--The study conducted by each 
     partner country under subsection (a) shall assess the 
     potential impact on food stocks and prices in the partner 
     country.
       (h) Development of Policy Options To Promote Biofuels 
     Production and Use.--
       (1) In general.--The study conducted by each partner 
     country under subsection (a) shall identify and evaluate 
     policy options to promote biofuels production and use, after 
     taking into account--
       (A) the existing energy policy of the country; and
       (B) the technologies available to convert local biomass 
     resources into biofuels in the country.
       (2) Coordination.--In conducting the evaluation under 
     paragraph (1), the partner country shall provide for 
     participation of local, national, and international public, 
     civil society, and private institutions that have 
     responsibility or expertise in biofuels production and use.
       (3) Principal issues.--The study shall address with respect 
     to the partner country--
       (A) the potential of biomass in the country and the 
     barriers to the production of biofuels from such biomass 
     products;
       (B) the strategies for creating a market for biomass 
     products;
       (C) the potential contribution biofuels have in reducing 
     fossil fuel consumption;
       (D) environmental sustainability issues and policy options 
     and the mitigating effect on carbon emissions of increased 
     biofuels production;
       (E) the potential contribution biofuels have on economic 
     development, poverty reduction, and sustainability of energy 
     resources;
       (F) programs for the use of biofuels in the transportation 
     sector;
       (G) economic cooperation across international borders to 
     increase biofuels production and use;
       (H) the potential for technological collaboration and joint 
     ventures for biofuels and the technological, cultural, and 
     legal barriers that may impede such collaboration and joint 
     ventures; and
       (I) the economic aspects of the promotion of biofuels, 
     including job creation, financing and loan mechanisms, credit 
     mobilization, investment capital, and market penetration.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of State $20,000,000 for 
     fiscal year 2010 to carry out this section.

     SEC. 8. REGIONAL DEVELOPMENT BANKS.

       The Secretary of the Treasury shall instruct the United 
     States Executive Director to each regional development bank 
     and inform the public that it is the policy of the United 
     States that assistance provided by such bank should encourage 
     development of renewable energy sources, including energy 
     derived from biomass. In coordination with the Secretary of 
     State and the Secretary of Energy, the Secretary of the 
     Treasury shall provide information regarding progress in the 
     development of renewable energy sources, including energy 
     derived from biomass. The information shall be included in 
     the annual report to Congress required by section 13 on the 
     implementation of this Act.

     SEC. 9. CARBON CREDIT TRADING MECHANISMS.

       (a) In General.--The Secretary of State shall work with 
     interested governments in the Western Hemisphere and other 
     countries to facilitate regional and hemispheric carbon 
     trading mechanisms consistent with the United Nations 
     Framework Convention on Climate Change and existing trade and 
     financial agreements to--
       (1) establish credits for the preservation of tropical 
     forests;
       (2) use greenhouse gas-reducing agricultural practices;
       (3) jointly fund greenhouse gas sequestration studies and 
     experiments in various geological formations; and
       (4) jointly fund climate mitigation studies in vulnerable 
     areas in the Western Hemisphere.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of State $10,000,000 for 
     fiscal year 2010 to carry out this section.

     SEC. 10. ENERGY CRISIS RESPONSE PREPAREDNESS.

       (a) Findings.--Congress makes the following findings:
       (1) Cooperation between the United States Government and 
     the governments of other countries during an energy crisis 
     promotes

[[Page S3082]]

     the national security of the United States and of the other 
     countries.
       (2) Credible contingency plans to respond to energy 
     shortages may serve as a deterrent to the manipulation of 
     energy supplies by export and transit countries.
       (3) The vulnerability of most countries in the Western 
     Hemisphere to supply disruptions from political, natural, or 
     terrorism causes may introduce instability in the Western 
     Hemisphere and can be a source of conflict, despite the 
     existence of major energy resources in the Western 
     Hemisphere. The United States and Canada are the only members 
     of the International Energy Program in the Western 
     Hemisphere.
       (4) Regional and international agreements for the 
     management of energy emergencies in the Western Hemisphere 
     will benefit market stability and encourage development in 
     participating countries.
       (b) Establishment of an Energy Crisis Response Mechanism 
     for the Western Hemisphere.--
       (1) Authority.--The Secretary of State, in coordination 
     with the Secretary of Energy, shall immediately seek to 
     establish a Western Hemisphere energy crisis response 
     mechanism (in this subsection referred to as the 
     ``mechanism'').
       (2) Scope.--The mechanism established under paragraph (1) 
     shall include--
       (A) real-time information sharing and a coordination 
     mechanism to respond to energy supply emergencies in the 
     Western Hemisphere;
       (B) technical assistance in the development and management 
     of national and regional strategic energy reserves in the 
     Western Hemisphere;
       (C) the promotion of increased energy infrastructure 
     integration between countries in the Western Hemisphere;
       (D) emergency demand restraint measures in the Western 
     Hemisphere;
       (E) the development of the ability of countries in the 
     Western Hemisphere to switch energy sources and to switch to 
     alternative energy production capacity;
       (F) energy demand intensity reduction programs as measured 
     by energy consumption per unit of economic activity; and
       (G) measures to strengthen sea lanes and infrastructure 
     security in the Western Hemisphere.
       (3) Membership.--The Secretary shall seek to include in the 
     mechanism each major energy producer and major energy 
     consumer in the Western Hemisphere and other members of the 
     Energy Forum established pursuant to section 4(a).
       (4) Study.--The Secretary of Energy shall--
       (A) conduct a study of supply vulnerability relating to 
     natural gas in the Western Hemisphere; and
       (B) submit a report to the Committee on Foreign Relations 
     and the Committee on Energy and Natural Resources of the 
     Senate and the Committee on Foreign Affairs and the Committee 
     on Energy and Commerce of the House of Representatives that 
     includes recommendations for infrastructure and regulatory 
     needs for reducing supply disruption vulnerability and 
     international coordination.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Energy $10,000,000 for 
     fiscal year 2010 to carry out this section.

     SEC. 11. ENERGY FOREIGN ASSISTANCE.

       (a) In General.--The Administrator of the United States 
     Agency for International Development (in this section 
     referred to as the ``Administrator'') shall seek to increase 
     United States foreign assistance for renewable energy, 
     including assistance for activities to reduce dependence on 
     imported energy by switching to biofuels.
       (b) Development Strategy Review.--The Administrator shall--
       (1) review country assistance strategies and make 
     recommendations to increase assistance for renewable energy 
     activities; and
       (2) submit the results of the review conducted under 
     paragraph (1) to the Committee on Foreign Relations and the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Foreign Affairs and the Committee on Energy 
     and Commerce of the House of Representatives not later than 
     180 days after the date of the enactment of this Act.
       (c) Expedited Sustainable Energy Grants.--
       (1) Authorization.--The Administrator is authorized to 
     award grants to nongovernmental organizations for sustainable 
     energy and job creation projects in at-risk nations, such as 
     Haiti. Applications for grants shall be submitted in such 
     form and in such manner as the Administrator determines and 
     grants shall be awarded on an expedited basis upon approval 
     of the application.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to the United States Agency for 
     International Development $10,000,000 to provide grants under 
     this subsection.

     SEC. 12. ENERGY PUBLIC DIPLOMACY.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of State $5,000,000 for 
     public diplomacy activities relating to renewable energy in 
     the Western Hemisphere.
       (b) Limitation.--Not less than 50 percent of any amount 
     appropriated pursuant to paragraph (1) shall be used for 
     education activities implemented through civil society 
     organizations.

     SEC. 13. REPORT.

       The Secretary of State, in consultation with the Secretary 
     of Energy, shall submit an annual report to Congress on the 
     activities carried out to implement this Act.
                                 ______
                                 
      By Mr. FEINGOLD (for himself, Mr. Voinovich, Mr. Whitehouse, Mr. 
        Cochran, and Mr. Cardin):
  S. 589. A bill to establish a Global Service Fellowship Program and 
to authorize Volunteers for Prosperity, and for other purposes; to the 
Committee on Foreign Relations.
  Mr. FEINGOLD. Mr. President, today I am pleased to introduce the 
Global Service Fellowship Act with Senators Voinovich, Whitehouse, 
Cochran and Cardin. This important bill would provide more Americans 
the opportunity to volunteer overseas and strengthen our commitment to 
international volunteerism. This bill also authorizes Volunteers for 
Prosperity, VFP, an office created by President Bush under Executive 
Order 13317. As the new administration seeks to rebuild and restore our 
image abroad, increasing the number of Americans volunteering abroad is 
a critical component of that work. The federal government should 
facilitate such international volunteering experiences for U.S. 
citizens by promoting both short and long-term opportunities.
  My bill would not only provide more opportunities for people-to-
people engagement, it would also reduce barriers that the average 
citizen faces when trying to volunteer internationally. First of all, 
my bill would reduce financial barriers by awarding fellowships 
designed to defray some of the costs associated with volunteering. The 
fellowship can be applied toward many of the costs associated with such 
travel including airfare, housing, or program costs. By providing 
financial assistance, the Global Service Fellowship program opens the 
door for more Americans to participate--not just those with the 
resources to pay for it.
  Secondly, my bill reduces volunteering barriers by offering 
flexibility in the length of the volunteer opportunity. I hear 
frequently from constituents who are unable to participate in volunteer 
programs because they cannot leave their jobs or family for years or 
months at a time, but are interested in creating cross cultural 
connections and contributing meaningfully to positive global change. A 
survey released by the Pew Global Attitudes Project in December 2008 
indicates that between 2002 and 2008, opinions of the U.S. declined 
steeply in 14 out of the 19 countries polled. The Global Service 
Fellowship Program offers U.S. citizens an immediate opportunity to 
help reverse this negative trend on a schedule that works for them--
from a month up to a year. My bill provides a commonsense approach to 
the time limitations of the average American while also recognizing the 
important role people-to-people engagement can play in countering 
negative views of our country around the world.
  Not only does this bill make it easier for all Americans to apply for 
fellowships, it also engages Congress by giving Members of Congress the 
opportunity to notify their constituents who are awarded the 
fellowship--and calls on the recipient to report back to USAID and to 
their congressional representatives once they have returned from their 
time abroad. Through this process, Congress will see firsthand the 
benefit international volunteering brings to their communities and the 
Nation.
  This program would cost $15 million, which is more than offset by a 
provision in my bill that would require the IRS to deposit all of its 
fee receipts in the Treasury as miscellaneous receipts. This program 
would be a valuable addition to our public diplomacy, development, and 
humanitarian efforts overseas and I encourage my colleagues to support 
the bill.
                                 ______
                                 
      By Ms. SNOWE (for herself and Mr. Pryor):
  S. 590. A bill to assist local communities with closed and active 
military bases, and for other purposes; to the Committee on Armed 
Services.
  Ms. SNOWE. Mr. President, I rise in support of legislation that 
Senator Pryor and I have introduced, the Defense Communities Assistance 
Act of 2009. As base communities nationwide struggle with a host of 
issues--from

[[Page S3083]]

the tumultuous economy, to closures as a result of the latest Defense 
Base Closure and Realignment, BRAC, round, to an influx in service 
personnel--the Federal Government must provide assistance to its base 
communities to effectively implement the various initiatives of the 
Department of Defense and to spur economic growth. This legislation, 
which is supported by the Association of Defense Communities, ADC, 
seeks to accomplish that goal by providing immediate benefits to all 
base communities, for both closed and active military installations 
across the country.
  During even the best of economic times, the closure of a military 
base can devastate a local economy. Today, with our economy in a 
troubling recession, the outlook is even more grim, with communities 
facing overwhelming challenges in redeveloping a former military 
installation. For instance, the closure of the Naval Air Station 
Brunswick, NASB, in my home State of Maine will create profoundly 
negative economic consequences with an estimated loss of 6,500 jobs. 
Given these trying economic times, we must ensure that every effort is 
made to foster redevelopment in communities affected by base closures.
  There is no question that the negative effects of base closures are 
disproportionately and unfairly borne by the communities where bases 
have closed. At the same time, communities surrounding active bases 
must cope with realignments, global repositioning, and grow the force 
initiatives to accommodate service personnel influxes at their own 
expense. That is why this comprehensive measure includes key provisions 
to assist not only bases facing closure, but active base communities 
absorbing growth impacts.
  Accordingly, this legislation would grant permanent authority for the 
military departments to exchange real property deemed excess to the 
DOD, in return for the construction of new facilities, or to limit 
encroachments, at other active installations. This authority provides 
military departments with greater flexibility in real estate asset 
management and has previously only been available to property on an 
installation that had been closed or realigned.
  In recent years, the Army has engaged in pilot programs at 
installations to procure municipal services, such as water and 
electricity, from a city or county government. These municipal service 
agreements have been successful, saving the Army several million 
dollars and providing significant benefits. In the National Defense 
Authorization Act for fiscal year 2008, this authority was extended to 
the other two military departments and allowed each service to purchase 
municipal services for three installations. This legislation builds on 
that success and greatly extends the military departments' authority to 
purchase, from a county government or other local government, municipal 
services for military installations across the country.
  Additionally, this bill would address the Defense State Memorandum of 
Agreement, DSMOA, program which was established to facilitate and fund 
State oversight of contaminated DOD sites, including BRAC sites. DOD 
has recently interpreted DSMOA in a manner that has severely impaired 
state budgets, which has in turn reduced State oversight at these 
sites. The Defense Communities Assistance Act would ensure that funding 
under DSMOA may be used for state BRAC property transfer activities 
while also preventing withholding DSMOA funds when States exercise 
their enforcement authority.
  Additionally, section 330 of the National Defense Authorization Act 
for fiscal year 1993 was originally adopted with the intention of 
protecting parties involved in base redevelopment from liability for 
undiscovered pre-existing pollution conditions at closed military 
installations. Regrettably, recent court decisions have been 
inconsistent in interpreting section 330 creating uncertainty that has 
left base closure property holders with difficulty in obtaining 
environmental insurance among other problems. This bill provides vital 
clarification to ensure the original intention of protecting parties 
involved in base redevelopment from unnecessary liability at closed 
military installations.
  Furthermore, the national economic problems that our country 
currently faces demand swift and efficient action to avert a deeper and 
more intractable recession. That is why this legislation would repeal 
section 3006 of the National Defense Authorization Act for fiscal year 
2002, thereby encouraging the Secretary of Defense to provide no-cost 
Economic Development Conveyances, EDCs, to base communities as a 
preferred property disposal mechanism. This provision would help to 
spur job generation and economic development immediately.
  As a result of five BRAC rounds, hundreds of military installations 
have been decommissioned or downsized with the expectation that the 
properties would be available for local reuse and economic development. 
At the same time, an inconsistent and time consuming transfer process 
by the military departments has left thousands of acres of former 
installation property in Federal ownership, with the fallow acreage 
hampering the host community's economic recovery. There is tremendous 
risk that in the current economic climate, with property values at 
their lowest position in the past decade, these properties will sit 
fallow for years without the use of no-cost EDCs.
  This measure is stimulative in nature by getting property off the 
books of the Federal Government and into the hands of developers to be 
redeveloped quickly so that displaced workers in the community will 
once again become employed. Encouraging expedited free, or less than 
fair market value, property transfers would result in incentives for 
private investment, significant infrastructure and public benefits, and 
the potential generation of tens of thousands of jobs. That is why it 
is a responsible course of action for the Government to provide these 
communities with the tools and resources, such as no-cost EDCs, needed 
to recover from a closure.
  The timeframe and uncertainty of the BRAC transfer process is the 
single greatest obstacle to redevelopment of the underutilized lands. 
Expediting transfer of these former military bases would stimulate both 
private and public investment in infrastructure and redevelopment, 
resulting in job creation and economic development activity, the 
rebuilding of inadequate local infrastructure funded by the 
redevelopment project, and local, State, and Federal tax generation. 
Moreover, the Federal Government would be relieved of its property 
management responsibilities, saving hundreds of millions of dollars 
annually.
  I urge my colleagues to join Senator Pryor and me in support of this 
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. 590

       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 ``The Defense Communities 
     Assistance Act of 2009''.

     SEC. 2. SENSE OF CONGRESS.

       It is the sense of the Congress, that as the Federal 
     Government implements base closures and realignments, global 
     repositioning, and grow the force initiatives, it is 
     necessary to assist local communities coping with the impact 
     of these programs at both closed and active military 
     installations. To aid communities to either recover quickly 
     from closures or to accommodate growth associated with troop 
     influxes, the Federal Government must provide assistance to 
     communities to effectively implement the various initiatives 
     of the Department of Defense.

     SEC. 3. PERMANENT AUTHORITY TO CONVEY PROPERTY AT MILITARY 
                   INSTALLATIONS TO SUPPORT MILITARY CONSTRUCTION 
                   AND AGREEMENTS TO LIMIT ENCROACHMENT.

       Section 2869(a)(3) of title 10, United States Code, is 
     amended by striking ``shall apply only during the period'' 
     and all that follows through ``September 30, 2008'' and 
     inserting ``without limitation on duration''.

     SEC. 4. EXTENSION OF AUTHORITY TO PURCHASE MUNICIPAL SERVICES 
                   FOR MILITARY INSTALLATIONS IN THE UNITED 
                   STATES.

       (a) Permanent Authority.--Chapter 146 of title 10, United 
     States Code, is amended by inserting after section 2465 the 
     following new section:

[[Page S3084]]

     ``Sec. 2465a. Contracts for procurement of municipal services 
       for military installations in the United States

       ``(a) Contract Authority.--Subject to section 2465 of this 
     title, the Secretary concerned may enter into a contract for 
     the procurement of municipal services described in subsection 
     (b) for a military installation in the United States from a 
     county, municipal government, or other local governmental 
     unit in the geographic area in which the installation is 
     located.
       ``(b) Covered Municipal Services.--The municipal services 
     that may be procured for a military installation under the 
     authority of this section are as follows:
       ``(1) Refuse collection.
       ``(2) Refuse disposal.
       ``(3) Library services.
       ``(4) Recreation services.
       ``(5) Facility maintenance and repair.
       ``(6) Utilities.
       ``(c) Exception From Competitive Procedures.--The Secretary 
     concerned may enter into a contract under subsection (a) 
     using procedures other than competitive procedures if--
       ``(1) the term of the proposed contract does not exceed 5 
     years;
       ``(2) the Secretary determines that the price for the 
     municipal services to be provided under the contract is fair, 
     reasonable, represents the least cost to the Federal 
     Government, and, to the maximum extent practicable, takes 
     into consideration the interests of small business concerns 
     (as that term is defined in section 3(a) of the Small 
     Business Act (15 U.S.C. 632(a)); and
       ``(3) the business case supporting the Secretary's 
     determination under paragraph (2)--
       ``(A) describes the availability, benefits, and drawbacks 
     of alternative sources; and
       ``(B) establishes that performance by the county or 
     municipal government or other local governmental unit will 
     not increase costs to the Federal Government, when compared 
     to the cost of continued performance by the current provider 
     of the services.
       ``(d) Limitation on Delegation.--The authority to make the 
     determination described in subsection (c)(2) may not be 
     delegated to a level lower than a Deputy Assistant Secretary 
     for Installations and Environment, or another official of the 
     Department of Defense at an equivalent level.
       ``(e) Congressional Notification.--The Secretary concerned 
     may not enter into a contract under subsection (a) for the 
     procurement of municipal services until the Secretary 
     notifies the Committees on Armed Services of the Senate and 
     the House of Representatives of the proposed contract and a 
     period of 14 days elapses from the date the notification is 
     received by the committees. The notification shall include a 
     summary of the business case and an explanation of how the 
     adverse impact, if any, on civilian employees of the 
     Department of Defense will be minimized.
       ``(f) Guidance.--The Secretary of Defense shall issue 
     guidance to address the implementation of this section.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2465 the following new item:

``2465a. Contracts for purchase of municipal services for military 
              installations in the United States.''.
       (c) Extension of Pilot Program.--Section 325(f) of the 
     Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375; 10 U.S.C. 2461 note) is 
     amended by striking ``September 30, 2010'' and inserting 
     ``September 30, 2020''.

     SEC. 5. REIMBURSABLE ACTIVITIES UNDER THE DEFENSE-STATE 
                   MEMORANDUM OF AGREEMENT PROGRAM.

       Section 2701(d)(1) of title 10, United States Code, is 
     amended by inserting before the period at the end the 
     following: ``and the processing of property transfers before 
     or after remediation, provided the Secretary shall not 
     condition funding based on the manner in which a State 
     exercises its enforcement authority, or its willingness to 
     enter into dispute resolution prior to exercising that 
     enforcement authority.''.

     SEC. 6. INDEMNIFICATION OF TRANSFEREES OF CLOSING DEFENSE 
                   PROPERTIES.

       Section 330(a)(1) of the National Defense Authorization Act 
     for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687 
     note), is amended by striking ``cost or other fee'' and all 
     that follows through ``contaminant,'' and inserting ``cost, 
     statutory or regulatory requirement or order, or other cost, 
     expense, or fee arising out of any such requirement or claim 
     for personal injury, environmental remediation, or property 
     damage (including death, illness, or loss of or damage to 
     property or economic loss) that results from, or is in any 
     manner predicated upon, the release or threatened release of 
     any hazardous substance, pollutant, or contaminant''.

     SEC. 7. REQUIREMENT FOR NO-COST ECONOMIC DEVELOPMENT 
                   CONVEYANCES.

       (a) Repeal of Certain Requirements.--Subsection (a) of 
     section 3006 of the National Defense Authorization Act for 
     Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1350), and 
     the amendments made by that subsection, are hereby repealed. 
     Effective as of the date of the enactment of this Act, the 
     provisions of section 2905 of the Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. 2687 note) that were amended by section 
     3006(a) of the National Defense Authorization Act for Fiscal 
     Year 2002, as such provisions were in effect on December 27, 
     2001, are hereby revived.
       (b) Regulations.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     prescribe regulations to implement the provisions of section 
     2905 of the Defense Base Closure and Realignment Act of 1990 
     revived by subsection (a) to ensure that the military 
     departments transfer surplus real and personal property at 
     closed or realigned military installations without 
     consideration to local redevelopment authorities for economic 
     development purposes, and without the requirement to value 
     such property.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report on the status of current and anticipated 
     economic development conveyances, projected job creation, 
     community reinvestment, and progress made as a result of the 
     enactment of this section.
                                 ______
                                 
      By Mr. REID (for himself and Mr. Ensign):
  S. 591. A bill to establish a National Commission on High-Level 
Radioactive Waste and Spent Nuclear Fuel, and for other purposes; to 
the Committee on Environment and Public Works.
  Mr. REID. Mr. President, I am pleased to say that we are closing the 
book on our Nation's failed nuclear waste policy. After decades of 
fighting the Yucca Mountain project, I can say with confidence that 
Nevada will not serve as the Nation's nuclear waste dump.
  Nevadans and all Americans will be safer and more secure thanks to 
President Obama's commitment to finding scientifically sound and 
responsible solutions to dealing with nuclear waste.
  I am proud to say that I have been working on a new volume in this 
terribly difficult debate. Bad policy like the Yucca Mountain project 
is easy to oppose. But it is not always easy to craft better policy.
  That is what I am doing with Senator Ensign today--working to replace 
our failed approach to dealing with nuclear waste with a much better 
policy. We are unveiling our plan to form a congressional commission to 
evaluate and make recommendations on alternative approaches to managing 
nuclear waste.
  This is a step that is way past due.
  I began opposing the idea of dumping nuclear waste in Nevada when it 
was first proposed in the early 1980s. I was still a member of the 
House then, and I continued this fight in the Senate with most Nevadans 
firmly behind my efforts to kill the project. I have fought against the 
Yucca Mountain project vigorously, but from the very beginning I was 
also calling for long-range planning on nuclear waste because it was 
the right thing to do.
  I continued calling for researching alternatives to Yucca in 1995 
when I introduced legislation with my close friend and colleague, 
Senator Dick Bryan, to establish a commission on nuclear waste. 
Unfortunately, Congress did not listen, even though evidence was piling 
up showing that Yucca Mountain could become a death trap for Nevadans.
  The Government's decades-long focus on Yucca Mountain has left us 
barren with very few good proposals for dealing with nuclear waste. Now 
that President Obama and Secretary Chu have taken Yucca Mountain off 
the table, we need to begin looking closely at new ideas. We should 
even dust off some older ones that have been ignored for far too long.
  The legislation we are introducing today forms a temporary commission 
to review and make recommendations on a wide variety of alternatives to 
Yucca.
  The commission will look at everything from at-reactor dry cask 
storage to reprocessing. The commission will consider having the 
Federal Government take title to nuclear waste, but will also consider 
chartering a Federal corporation to manage nuclear waste.
  Very importantly, the commission will consider the security of 
temporary storage facilities for nuclear waste so we can give 
assurances to communities near nuclear power plants that their safety 
will not be compromised.
  The cosponsors of this legislation do not all share the same views 
about nuclear power and we do not share the same views about nuclear 
waste. For example, I have long said that nuclear waste needs to remain 
on site where it is produced until the Government has a safe and 
scientifically sound solution. Others would like to reprocess and

[[Page S3085]]

reuse nuclear waste in nuclear reactors. Many still feel that some form 
of permanent disposal is a good solution.
  But forming a commission is something the bill's sponsors and others 
agree upon because it will create a process that will help our Nation 
take a critical step away from the failed Yucca Mountain policy.
  I look forward to continuing working with my colleagues to make sure 
we take responsible actions necessary to begin addressing nuclear 
waste.
  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. 591

       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 ``National 
     Commission on High-Level Radioactive Waste and Spent Nuclear 
     Fuel Establishment Act of 2009''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Establishment of Commission.
Sec. 3. Purposes.
Sec. 4. Composition.
Sec. 5. Duties.
Sec. 6. Powers.
Sec. 7. Applicability of Federal Advisory Committee Act.
Sec. 8. Staff.
Sec. 9. Compensation; travel expenses.
Sec. 10. Security clearances.
Sec. 11. Reports.
Sec. 12. Authorization of appropriations.
Sec. 13. Termination.

     SEC. 2. ESTABLISHMENT OF COMMISSION.

       There is established a commission to be known as the 
     ``National Commission on High-Level Radioactive Waste and 
     Spent Nuclear Fuel'' (referred to in this Act as the 
     ``Commission'').

     SEC. 3. PURPOSES.

       The purposes of the Commission are--
       (1) to evaluate potential improvements in the approach of 
     the United States to high-level radioactive waste and spent 
     nuclear fuel management in the event that the proposed Yucca 
     Mountain high-level waste repository is never operational or 
     constructed for any spent nuclear fuel, high-level waste, or 
     other radioactive waste disposal; and
       (2) to submit to the appropriate committees of Congress a 
     report that contains a description of the findings, 
     conclusions, and recommendations of the Commission to improve 
     the approach of the United States for the management of 
     defense waste, spent nuclear fuel, high-level waste, and 
     commercial radioactive waste.

     SEC. 4. COMPOSITION.

       (a) Members.--The Commission shall be composed of 9 members 
     who meet each qualification described in subsection (b), of 
     whom--
       (1) 2 shall be appointed by the Majority Leader of the 
     Senate, in consultation with the chairperson of each 
     appropriate committee of the Senate;
       (2) 2 shall be appointed by the Minority Leader of the 
     Senate, in consultation with the ranking member of each 
     appropriate committee of the Senate;
       (3) 2 shall be appointed by the Speaker of the House of 
     Representatives, in consultation with the chairperson of each 
     appropriate committee of the House of Representatives;
       (4) 2 shall be appointed by the Minority Leader of the 
     House of Representatives, in consultation with the ranking 
     member of each appropriate committee of the House of 
     Representatives; and
       (5) 1 shall be appointed jointly by the Majority Leader of 
     the Senate and the Speaker of the House of Representatives.
       (b) Qualifications.--
       (1) Nongovernmental appointees.--An individual appointed to 
     the Commission may not be--
       (A) engaged in any high-level radioactive waste or spent 
     nuclear fuel activities under contract with the Department of 
     Energy; or
       (B) an officer or employee of--
       (i) the Federal Government;
       (ii) an Indian tribe;
       (iii) a State; or
       (iv) a unit of local government.
       (2) Other qualifications.--Individuals appointed to the 
     Commission shall, to the maximum extent practicable, be 
     prominent United States citizens, with national recognition 
     and significant depth of experience in engineering, fields of 
     science relevant to used nuclear fuel management, energy, 
     governmental service, environmental policy, law, public 
     administration, or foreign affairs.
       (3) Deadline for appointment.--All members of the 
     Commission shall be appointed by not later than 90 days after 
     the date of enactment of this Act.
       (c) Chairperson.--The individual appointed under subsection 
     (a)(5) shall serve as Chairperson of the Commission.
       (d) Initial Meeting.--The Commission shall meet and begin 
     the operations of the Commission as soon as practicable after 
     the date of enactment of this Act.
       (e) Administration.--
       (1) Meetings.--After the initial meeting of the Commission, 
     the Commission shall meet on the call of the Chairperson or a 
     majority of the members of the Commission.
       (2) Quorum.--Five members of the Commission shall 
     constitute a quorum.
       (3) Vacancies.--Any vacancy on the Commission--
       (A) shall not affect the powers of the Commission; and
       (B) shall be filled in the same manner in which the 
     original appointment was made.

     SEC. 5. DUTIES.

       (a) In General.--The Commission shall--
       (1) conduct an evaluation to advise Congress on the 
     feasibility, cost, risks, and legal, public health, and 
     environmental impacts (including such impacts on local 
     communities) of alternatives to the spent fuel and high-level 
     waste strategies of the Federal Government including--
       (A) transferring from the Department of Energy 
     responsibility for the high-level radioactive waste and spent 
     fuel management program of the United States to a Government 
     corporation established for that purpose;
       (B) endowing such a Federal Government corporation with 
     authority and funding necessary to provide for storage and 
     management of high-level radioactive waste and spent nuclear 
     fuel;
       (C) cost-sharing options between the Federal Government and 
     private industry for the development of nuclear fuel 
     management technology and licensing;
       (D) establishing Federal or private centralized interim 
     storage facilities in communities that are willing to serve 
     as hosts;
       (E) research and development leading to deployment of 
     advanced fuel cycle technologies (including reprocessing, 
     transmutation, and recycling technologies) that are not 
     vulnerable to weapons proliferation;
       (F) transferring to the Department of Energy title to--
       (i) spent nuclear fuel inventories at reactor sites in 
     existence as of the date of enactment of this Act; and
       (ii) future nuclear fuel inventories at reactor sites;
       (G) while long-term solutions for spent nuclear fuel 
     management are developed, requiring the transfer of spent 
     nuclear fuel inventories--
       (i) to at-reactor dry casks in a manner to ensure public 
     safety and the security of the inventories; and
       (ii) after the date on which the spent nuclear fuel 
     inventory has been stored in a cooling pond for a period of 
     not less than 7 years;
       (H) permanent, deep geologic disposal for civilian and 
     defense wastes, and interim strategies for the treatment of 
     defense wastes; and
       (I) additional management and technological approaches, 
     including improved security of spent nuclear fuel storage 
     installations, as the Commission determines to be appropriate 
     for consideration;
       (2) consult with Federal agencies (including the Nuclear 
     Waste Technical Review Board and the National Academy of 
     Sciences), interested individuals, States, local governments, 
     organizations, and businesses as the Commission determines to 
     be necessary to carry out the duties of the Commission;
       (3) submit recommendations on the disposition of the 
     existing fees charged to nuclear energy ratepayers, and the 
     recommended disposition of the available balances consistent 
     with the recommendations of the Commission regarding the 
     management of spent nuclear fuel; and
       (4) analyze the financial impacts of the recommendations of 
     the Commission described in paragraph (3) on the contractual 
     liability of the Federal Government under section 302 of the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222).
       (b) Report.--The Commission shall submit to Congress a 
     final report in accordance with this Act containing such 
     findings, conclusions, and recommendations as the Commission 
     considers appropriate.

     SEC. 6. POWERS.

       (a) Hearings and Evidence.--The Commission or, on the 
     authority of the Commission, any subcommittee may, for the 
     purpose of carrying out this Act, hold such hearings, sit and 
     act at such times and places, take such testimony, receive 
     such evidence, and administer such oaths as the Commission 
     considers to be appropriate.
       (b) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriation Acts, enter 
     into contracts to enable the Commission to discharge the 
     duties of the Commission under this Act.
       (c) Information From Federal Agencies.--
       (1) In general.--The Commission may secure directly from 
     any executive department, bureau, agency, board, commission, 
     office, independent establishment, or instrumentality of the 
     Federal Government, information, suggestions, estimates, and 
     statistics for the purposes of this Act.
       (2) Furnishing of information.--Each department, bureau, 
     agency, board, commission, office, independent establishment, 
     or instrumentality shall, to the extent authorized by law, 
     furnish such information, suggestions, estimates, and 
     statistics in a timely manner directly to the Commission, on 
     request made by the Chairperson of the Commission, or any 
     member designated by a majority of the Commission.

[[Page S3086]]

       (3) Receipt, handling, storage, and dissemination.--
     Information shall only be received, handled, stored, and 
     disseminated by members of the Commission and staff of the 
     Commission in a manner that is consistent with applicable law 
     (including regulations and Executive orders).
       (d) Assistance From Federal Agencies.--
       (1) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the duties of the Commission.
       (2) Other departments and agencies.--In addition to the 
     assistance prescribed in paragraph (1), departments and 
     agencies of the Federal Government may provide to the 
     Commission such services, funds, facilities, staff, and other 
     support services as the Commission may reasonably request and 
     as may be authorized by law.
       (e) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the Federal Government.

     SEC. 7. APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

       The Federal Advisory Committee Act (5 U.S.C. App.) shall 
     apply to the Commission.

     SEC. 8. STAFF.

       (a) In General.--
       (1) Appointment and compensation.--The Chairperson, in 
     accordance with rules agreed on by the Commission, may 
     appoint and fix the compensation of a staff director and such 
     other personnel as may be necessary to enable the Commission 
     to carry out the duties of the Commission, without regard to 
     the provisions of title 5, United States Code, governing 
     appointments in the competitive service, and without regard 
     to the provisions of chapter 51 and subchapter III of chapter 
     53 of that title relating to classification and General 
     Schedule pay rates, except that no rate of pay fixed under 
     this subsection may exceed the equivalent of that payable for 
     a position at level V of the Executive Schedule under section 
     5316 of that title.
       (2) Personnel as federal employees.--
       (A) In general.--The staff director and any personnel of 
     the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (B) Members of commission.--Subparagraph (A) does not apply 
     to members of the Commission.
       (b) Detailees.--
       (1) In general.--Any Federal Government employee may be 
     detailed to the Commission without reimbursement from the 
     Commission.
       (2) Rights.--The detailee shall retain the rights, status, 
     and privileges of the regular employment of the detailee 
     without interruption.
       (c) Consultant Services.--The Commission may procure the 
     services of experts and consultants in accordance with 
     section 3109 of title 5, United States Code, but at rates not 
     to exceed the daily rate paid a person occupying a position 
     at level IV of the Executive Schedule under section 5315 of 
     that title.

     SEC. 9. COMPENSATION; TRAVEL EXPENSES.

       (a) Compensation.--Each member of the Commission may be 
     compensated at not to exceed the daily equivalent of the 
     annual rate of basic pay in effect for a position at level IV 
     of the Executive Schedule under section 5315 of title 5, 
     United States Code, for each day during which the member is 
     engaged in the actual performance of the duties of the 
     Commission.
       (b) Travel Expenses.--While away from the home or regular 
     place of business of a member of the Commission in the 
     performance of services for the Commission, a member of the 
     Commission shall be allowed travel expenses, including per 
     diem in lieu of subsistence, in the same manner as persons 
     employed intermittently in the Government service are allowed 
     expenses under section 5703(b) of title 5, United States 
     Code.

     SEC. 10. SECURITY CLEARANCES.

       The appropriate Federal agencies or departments shall 
     cooperate with the Commission in expeditiously providing to 
     the Commission members and staff appropriate security 
     clearances to the maximum extent practicable pursuant to 
     existing procedures and requirements, except that no person 
     shall be provided with access to classified information under 
     this Act without the appropriate security clearances.

     SEC. 11. REPORTS.

       (a) Interim Report.--Not later than 1 year after the date 
     of enactment of this Act, the Commission shall make available 
     to the public for comment an interim report containing such 
     findings, conclusions, and recommendations as have been 
     agreed to by a majority of the Commission members.
       (b) Final Report.--Not later than 2 years after the date of 
     the first meeting of the Commission, the Commission shall 
     submit to Congress a final report, the contents of which 
     shall--
       (1) contain the items described in subsection (a), as 
     agreed to by a majority of the members of the Commission;
       (2) contain the opinion of each member of the Commission 
     who does not approve of any item contained in the final 
     report (including an explanation of the opinion and any 
     alternative recommendation); and
       (3) take into account public comments received under 
     subsection (a).

     SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act, to remain available until 
     expended.

     SEC. 13. TERMINATION.

       (a) In General.--The authority provided to the Commission 
     by this Act terminates on the last day of the 180 day-period 
     beginning on the date on which the final report is submitted 
     under section 11(b).
       (b) Administrative Activities Before Termination.--During 
     the 180-day period referred to in subsection (a), the 
     Commission may conclude the activities of the Commission, 
     including providing testimony to committees of Congress 
     concerning reports of the Commission and disseminating the 
     final report of the Commission.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself and Mr. Schumer):
  S. 593. A bill to ban the use of bisphenol A in food containers, and 
for other purposes; to the Committee on Health, Education, Labor and 
Pensions.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce legislation to ban 
Bisphenol A, BPA, from food and drink containers. I am pleased to be 
working with Congressman Markey on this issue, and he will be 
introducing identical legislation in the House. I would also like to 
thank my colleague Senator Schumer, who has agreed to cosponsor this 
legislation.
  I believe this is a good and necessary bill. The science shows that 
BPA is added to food and drink containers, and leaches into these foods 
and beverages, especially when heated in a plastic container.
  Make no mistake, chemicals are everywhere, even in our food. In many 
cases, we know very little about their safety. I strongly believe that 
the time has come to utilize a precautionary standard in all food and 
beverages with respect to chemical additives. If you do not know for 
certain the chemical is benign, it should not be used.
  Bisphenol A, known commonly as BPA, is one such example. It is used 
in consumer products all around us: plastic containers that store food, 
compact discs, water bottles, canned soups and other canned foods, even 
baby bottles.
  More than 100 studies suggest that BPA exposure at very low doses is 
linked to a variety of health problems, including prostate and breast 
cancer, obesity, attention deficit and hyperactivity disorder, brain 
damage, altered immune system, lowered sperm counts, and early puberty.
  The National Toxicology Program in the Department of Health and Human 
Services has cited ``some concern'' that Bisphenol A may affect neural 
development in fetuses, infants, and children at current human 
exposures.
  The solution is simple. My legislation will ban the use of Bisphenol 
A from food and drink containers. This ban will be effective 180 days 
following enactment of the legislation.
  The bill will create a waiver process, in case a company demonstrates 
that it is technologically impossible to replace BPA in that time 
frame. A manufacturer can receive a one year waiver, which is 
renewable, while they work to remove BPA from their product. They must 
submit a plan to remove BPA, and their product must be labeled as 
containing BPA.
  The legislation also directs the Food and Drug Administration to 
routinely review the ``List of Substances Generally Regarded as Safe.'' 
If new evidence emerges that suggests a chemical is not safe for use in 
a particular manner, it will be removed from the product.
  Scientists have raised alarms regarding BPA for some time. It is an 
endocrine disruptor, mimicking estrogen when it is exposed to a cell.
  Scientists at Stanford University accidentally discovered BPA's 
estrogen-mimicking effects in 1993. A mysterious estrogen-like chemical 
skewed results of their lab work, and they finally realized that BPA 
was leaching from laboratory flasks.
  We know that BPA is found in almost everyone. Data from the National 
Health and Nutrition Survey, NHANES, conducted by the Centers for 
Disease Control found BPA in the bodies of 92.6 percent of the people 
surveyed. The study did not examine the exposure of children under 6. 
But it did find that levels were highest in young children, a troubling 
finding given that exposure to BPA is potentially most dangerous during 
these critical early years of development.
  We know a major source of this exposure: the cans that contain our 
food,

[[Page S3087]]

the containers we eat from, even the baby bottles used to serve 
formula.
  The Environmental Working Group commissioned an independent lab to 
study BPA in cans in 2007. They tested 97 cans of some of the most 
popular consumer products. Their findings will alarm any consumer: 53 
of the 97 cans tested had detectable levels of BPA; 20 of the 53 cans 
with BPA have high enough levels that consuming that canned product 
would expose a person to levels near those that have been found to 
impact laboratory rats; 1 in 10 cans contained enough BPA to expose a 
pregnant woman or child to more than 200 times the Government's safe 
level. The same is true for 1 out of every 3 cans of infant formula.
  For women who regularly eat canned food, their exposure level 
throughout a pregnancy may exceed safe doses.
  These are not exotic products, but the canned goods that are in 
pantries across this county: meal replacement shakes, canned soups, 
vegetables, and canned pastas, like ravioli.
  Baby bottles are also a common exposure source. Multiple studies have 
confirmed that many of the most popular brands of baby bottles leach 
BPA. A coalition of health and environmental groups, in their recent 
report ``Baby's Toxic Bottle'', identified several popular brands of 
baby bottles that leach BPA when heated: Avent; Disney, Dr. Brown's, 
Evenflo; Gerber; Playtex.
  Now every parent knows that milk served to babies is often heated, at 
least to room temperature. And these bottles, when heated, leached 
between 5 and 8 parts per billion of BPA, a level that is within the 
range that has been shown to cause harm in animal studies.
  We know that BPA is a hormone disrupting chemical, and may act like 
estrogen when in the human body. While the science is still emerging, 
research is connecting Bisphenol A with a variety of serious health 
effects. These include: early onset of puberty; hyperactivity; lowered 
sperm count; miscarriage.
  The chemical industry will try to reassure consumers that BPA is 
safe, and that studies have found these health effects only in 
laboratory animals exposed to BPA in high doses.
  But new evidence that goes beyond laboratory rat models is emerging. 
Last year, researchers at the Yale School of Medicine linked BPA to 
problems in brain function and mood disorders in monkeys, for the first 
time connecting the chemical to health problems in primates.
  The Yale scientists exposed monkeys to low levels of BPA, which the 
Environmental Protection Agency, EPA, have deemed safe for humans.
  Researchers found that this chemical exposure interfered with brain 
cell connections vital to memory, learning and mood.
  The researchers stated that the findings suggest that exposure to 
low-dose BPA may cause widespread effects on brain structure and 
function.
  In September of last year, the Journal of the American Medical 
Association, JAMA, published a study that links BPA levels in people to 
several serious health problems.
  The study examined the BPA concentrations found in 1455 adults who 
participated in the 2003-2004 National Health and Nutrition Examination 
Survey, NHANES, a study which detected BPA in more than 90 percent of 
Americans tested. Using this data, researchers linked higher BPA 
concentrations to adverse health affects, including: cardiovascular 
disease; type II diabetes; clinically abnormal concentrations of some 
liver enzymes.
  The Los Angeles Times reported on the study on September 17th, 
stating ``that the quarter of the group with the highest BPA levels--
levels still considered safe by the FDA--were more than twice as likely 
to suffer from diabetes and cardiovascular disease as the quarter with 
the lowest levels.''
  This is the first large scale study to be done examining human 
exposure, and I believe it must be taken very seriously.
  Industry continues to insist that BPA is not harmful. But one study 
shows us why we should be skeptical about research coming from chemical 
companies.
  In 2006, the journal Environmental Research published an article 
comparing the results of government funded studies into low dose 
exposure to BPA with studies funded by the BPA industry.
  The results are astounding; 92 percent of the Government funded 
studies found that exposure to BPA caused health problems in animals.
  However, none of the industry funded research identified any health 
problems in animals exposed to low levels of BPA.
  This raises serious questions about the validity of the chemical 
industry's studies. It also illustrates why our Nation's regulatory 
agencies should not and cannot solely rely on chemical companies to 
conduct research into their products.
  The Food and Drug Administration agrees that the science is 
incomplete. The FDA's Science Board released a report in October 2008 
that raised serious questions about the previous FDA assessments that 
found BPA to be safe.
  In response, the FDA has asked for more studies and more research. 
More research is fine, but I feel strongly that we must not leave a 
dangerous chemical on the market while scientists learn exactly how 
dangerous it is.
  Sufficient evidence exists for us to act now. I believe strongly in 
taking a precautionary approach to our chemical policy; people should 
be protected from chemicals until we know that they are safe for use.
  There is a great deal wrong with the regulatory system in this 
country and the way we address dangerous chemicals. Our system is 
essentially backwards. Chemicals are added to products before we know 
much about them. To be removed from the market, a chemical must be 
proven to be exceedingly dangerous.
  That means that while we wait for evidence of harm to develop, our 
children are using dangerous products, and possibly eating contaminated 
food.
  I believe it should be the reverse. We should follow the lead of the 
European Union, and Canada, and remove chemicals until we know them to 
be safe. We should not be waiting for proof of danger, which too often 
comes in the form of birth defects, cancer, and other irreversible 
health harms.
  While we continue to work to change our regulatory system, the time 
has come to apply this precautionary principle to BPA. Without 
question, there is more scientific work to be done. But we must not 
continue to expose our citizens to these risks while we wait to confirm 
BPA's dangers beyond a reasonable doubt.
  The Canadian government has already taken this approach with BPA, 
moving to eliminate polycarbonate baby bottles that contain Bisphenol A 
last year. Canadian officials stated that because safe alternatives are 
readily available, this ban is a prudent way to reduce risk for 
vulnerable infants.
  Many large retailers and producers, including Toys ``R'' Us, Nalgene, 
and Wal-Mart have agreed to no longer sell or produce baby bottles or 
plastic water bottles containing BPA. And just last week, the leading 
manufacturers of baby bottles announced they would no longer sell baby 
bottles made with BPA.
  This is great news. I commend them, but we should not be forced to 
rely on retailers to product American consumers from health hazards.
  The Congress agreed with this precautionary approach and banned six 
plasticizing chemicals, called phthalates, in legislation last year. 
Like BPA, phthalates have been linked to a variety of health problems 
in young children. Instead of doing nothing with the evidence mounts, 
Congress chose to step in and protect children from this risk.
  The time has come to do the same with Bisphenol A.
  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. 593

       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 ``Ban Poisonous Additives Act 
     of 2009''.

     SEC. 2. BAN ON USE OF BISPHENOL A IN FOOD AND BEVERAGE 
                   CONTAINERS.

       (a) Treatment of Bisphenol A as Adulterating the Food or 
     Beverage.--For purposes of applying section 402(a)(6) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)(6)), a 
     food container (which for purposes of this Act includes a 
     beverage container) that is composed, in whole or in part,

[[Page S3088]]

     of bisphenol A, or that can release bisphenol A into food (as 
     defined for purposes of the Federal Food, Drug, and Cosmetic 
     Act), shall be treated as a container described in such 
     section (relating to containers composed, in whole or in 
     part, of a poisonous or deleterious substance which may 
     render the contents injurious to health).
       (b) Effective Dates.--
       (1) Reusable food containers.--
       (A) Definition.--In this Act, the term ``reusable food 
     container'' means a reusable food container that does not 
     contain a food item when it is introduced or delivered for 
     introduction into interstate commerce.
       (B) Applicability.--Subsection (a) shall apply to reusable 
     food containers on the date that is 180 days after the date 
     of enactment of this Act.
       (2) Other food containers.--Subsection (a) shall apply to 
     food containers that are packed with a food and introduced or 
     delivered for introduction into interstate commerce on or 
     after the date that is 180 days after the date of enactment 
     of this Act.
       (c) Waiver.--
       (1) In general.--The Secretary of Health and Human Services 
     (referred to in this Act as the ``Secretary''), after public 
     notice and opportunity for comment, may grant to any facility 
     (as that term is defined in section 415 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 350d)) a waiver of the 
     treatment described in subsection (a) for a certain type of 
     food container, as used for a particular food product, if 
     such facility--
       (A) demonstrates that it is not technologically feasible to 
     replace Bisphenol A in such type of container for such 
     particular food product; and
       (B) submits to the Secretary a plan and timeline for 
     removing Bisphenol A from such type of container for that 
     food product.
       (2) Applicability.--A waiver granted under paragraph (1) 
     shall constitute a waiver of the treatment described in 
     subsection (a) for any facility that manufactures, processes, 
     packs, holds, or sells the particular food product for which 
     the waiver was granted.
       (3) Labeling.--Any product for which the Secretary grants 
     such a waiver shall display a prominent warning on the label 
     that the container contains Bisphenol A, in a manner that the 
     Secretary shall require, which manner shall ensure adequate 
     public awareness of potential health effects associated with 
     bisphenol-A.
       (4) Duration.--
       (A) Initial waiver.--Any waiver granted under paragraph (1) 
     shall be valid for not longer than 1 year after the 
     applicable effective date in subsection (b).
       (B) Renewal of waiver.--The Secretary may renew any waiver 
     granted under subparagraph (A) for a period of not more than 
     1 year.
       (d) List of Substances That Are Generally Recognized as 
     Safe.--
       (1) Review.--The Secretary, acting through the Commissioner 
     of Food and Drugs, shall, not later than 1 year after 
     enactment of this Act and not less than once every 5 years 
     thereafter, review--
       (A) the substances that are generally recognized as safe, 
     listed in part 182 of title 21, Code of Federal Regulations 
     (or any successor regulations);
       (B) the direct food substances affirmed as generally 
     recognized as safe, listed in part 184 of title 21, Code of 
     Federal Regulations (or any successor regulations); and
       (C) the indirect food substances affirmed as generally 
     recognized as safe, listed in part 186 of title 21, Code of 
     Federal Regulations (or any successor regulations).
       (2) Public comment.--In conducting the review described in 
     paragraph (1), the Secretary shall provide public notice and 
     opportunity for comment.
       (3) Remedial action.--If, after conducting the review 
     described in paragraph (1), the Secretary determines that, 
     with regard to a substance listed in such part 182, 184, or 
     186, new scientific evidence, including scientific evidence 
     showing that the substance causes reproductive or 
     developmental toxicity in humans or animals, supports--
       (A) banning a substance;
       (B) altering the conditions under which a substance may be 
     introduced into interstate commerce; or
       (C) imposing restrictions on the types of products for 
     which the substance may be used,
     the Secretary shall remove such substance from the list of 
     substances, direct food substances, or indirect food 
     substances generally recognized as safe, as appropriate, and 
     shall take other remedial action, as necessary.
       (4) Definition.--In this Act, the term ``reproductive or 
     developmental toxicity'' has the meaning given such term in 
     section 409(h)(6) of the Federal Food, Drug, and Cosmetic 
     Act, as amended by section 3.
       (e) Savings Provision.--Nothing in this Act shall affect 
     the right of a State, political subdivision of a State, or 
     Indian Tribe to adopt or enforce any regulation, requirement, 
     liability, or standard of performance that is more stringent 
     than a regulation, requirement, liability, or standard of 
     performance under this Act or that--
       (1) applies to a product category not described in this 
     Act; or
       (2) requires the provision of a warning of risk, illness, 
     or injury associated with the use of food containers composed 
     of bisphenol A.

     SEC. 3. AMENDMENTS TO SECTION 409 OF THE FEDERAL FOOD, DRUG, 
                   AND COSMETIC ACT.

       Subsection (h) of section 409 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 348(h)(1)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``manufacturer or supplier for a food 
     contact substance may'' and inserting ``manufacturer or 
     supplier for a food contact substance shall'';
       (B) by inserting ``(A)'' after ``notify the Secretary of'';
       (C) by striking ``, and of'' and inserting ``; (B)''; and
       (D) by striking the period after ``subsection (c)(3)(A)'' 
     and inserting ``; (C) the determination of the manufacturer 
     or supplier that no adverse health effects result from low 
     dose exposures to the food contact substance; and (D) the 
     determination of the manufacturer or supplier that the 
     substance has not been shown, after tests which are 
     appropriate for the evaluation of the safety of food contact 
     substances, to cause reproductive or developmental toxicity 
     in man or animal.''; and
       (2) by striking paragraph (6) and inserting the following:
       ``(6) In this section--
       ``(A) the term `food contact substance' means any substance 
     intended for use as a component of materials used in 
     manufacturing, packing, packaging, transporting, or holding 
     food if such use is not intended to have any technical effect 
     in such food; and
       ``(B) the term `reproductive or developmental toxicity' 
     means biologically-adverse effects on the reproductive 
     systems of female or male humans or animals, including 
     alterations to the female or male reproductive system 
     development, the related endocrine system, fertility, 
     pregnancy, pregnancy outcomes, or modifications in other 
     functions that are dependent on the integrity of the 
     reproductive system.''.
                                 ______
                                 
      By Mr. CASEY (for himself and Ms. Stabenow):
  S. 594. A bill to require a report on invasive agricultural pests and 
diseases and sanitary and phytosanitary barriers to trade before 
initiating negotiations to enter into a free trade agreement, and for 
other purposes; to the Committee on Finance.
  Mr. CASEY. Mr. President, I rise today to introduce the Agriculture 
Smart Trade Act along with my colleague Senator Stabenow. The goal of 
this legislation is to ensure that, as we consider the various free 
trade agreements that come before the Senate, we are also looking at 
the big picture, including the increased risk of accidentally importing 
invasive pests or diseases and the ability for American agricultural 
producers to access new export markets once trade agreements are in 
effect. Our bill is supported by United Fresh, the national association 
of fruit and vegetable growers and processors, and the U.S. Apple 
Association.
  The bill does two things. First, it requires the administration to 
send a report to Congress prior to the start of formal trade 
negotiations with a foreign nation detailing potential invasive pests 
and disease that could pose a risk to U.S. agriculture. Furthermore, 
this report must identify what additional agricultural inspectors and 
other personnel are needed to prevent these pests and diseases from 
being brought into the United States.
  Second, the bill requires the administration to disclose in the same 
report all sanitary and photosanitary, also known as SPS, trade 
barriers that could unduly restrict export markets for American 
commodities. What we have seen in the past is that a trading partner 
will raise SPS barriers to prevent American products from entering 
their country. Some of these SPS barriers are not grounded in science 
are simply non-tariff trade barriers. As the Administration begins 
negotiations for a trade agreement, we all need to take a look at what 
kinds of SPS issues we have with potential trading partners. Are their 
SPS concerns based in science? We need to be sure that once an 
agreement is in effect, we will have access to those foreign markets as 
stipulated in the trade agreement.
  I want to be very clear that this bill does not in any way limit the 
President's authority to negotiate trade agreements under Fast-Track, 
nor does it prevent trade legislation from being considered by the 
Congress. What this bill does is provide the Senate and the House of 
Representatives with a more complete picture of what potential trade 
agreements involve beyond the obvious import and export quotas.
  Regardless of how any senator feels about the free trade agreements 
that we review and debate, I think all of my colleagues will agree with 
me that increased international trade means an increased risk of 
importing bugs and diseases that have the potential to devastate our 
food sources, jeopardize the

[[Page S3089]]

livelihoods of our farmers, and cost our states a fortune. We need to 
acknowledge the risk and put in place the best safeguards we can to 
prevent the accidental introduction of these harmful pests.
  I am not merely speculating about the risk of invasive pests and 
disease. It is a fact that all of our states are battling insects and 
crop diseases and dreading the next outbreak.
  Most recently in Pennsylvania we discovered that the western part of 
our state is infested with the Emerald Ash Borer, an invasive beetle 
that was accidently imported to the U.S. through Detroit via wooden 
shipping pallets from China. This beetle is costing our commercial 
nursery growers millions of dollars in lost stock. Senator Stabenow 
knows better than anyone how much money, time and other resources the 
Ash Borer has cost the states of Michigan, Illinois, Indiana, Ohio, and 
Pennsylvania. But that's just one example. Orange growers in Florida 
have spent the past decade fighting to contain and eradicate citrus 
canker, an invasive disease that causes citrus trees to produce less 
and less fruit until they prematurely die. And California and Texas 
have dealt with expensive eradication programs to deal with the 
Mediterranean fruit fly or ``Med fly.''
  The list goes on and on. There is not a single state that has not 
been impacted by invasive pests or diseases. So I hope that my 
colleagues will support the Agriculture Smart Trace Act, and help us 
make smart decisions that will protect our growers and our economy 
while opening new export markets. Because that is what this bill is 
about--smart trade.
  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. 594

       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 ``Agriculture Smart Trade 
     Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Free trade agreement.--The term ``free trade 
     agreement'' means a trade agreement entered into with a 
     foreign country that provides for--
       (A) the reduction or elimination of duties, import 
     restrictions, or other barriers to or distortions of trade 
     between the United States and the foreign country; or
       (B) the prohibition of or limitation on the imposition of 
     such barriers or distortions.
       (2) Invasive agricultural pests and diseases.--The term 
     ``invasive agricultural pests and diseases'' means 
     agricultural pests and diseases, as determined by the 
     Secretary of Agriculture--
       (A) that are not native to ecosystems in the United States; 
     and
       (B) the introduction of which causes or is likely to cause 
     economic or environmental harm or harm to human health.
       (3) Sanitary and phytosanitary measure.--The term 
     ``sanitary and phytosanitary measure'' has the meaning given 
     that term in the Agreement on the Application of Sanitary and 
     Phytosanitary Measures of the World Trade Organization 
     referred to in section 101(d)(3) of the Uruguay Round 
     Agreements Act (19 U.S.C. 3511(d)(3)).

     SEC. 3. REQUIREMENT FOR REPORTS BEFORE INITIATING 
                   NEGOTIATIONS TO ENTER INTO FREE TRADE 
                   AGREEMENTS.

       (a) In General.--Not later than 90 days before the date on 
     which the President initiates formal negotiations with a 
     foreign country to enter into a free trade agreement with 
     that country, the President shall submit to Congress a report 
     on--
       (1) invasive agricultural pests or diseases in that 
     country; and
       (2) sanitary or phytosanitary measures imposed by the 
     government of that country on goods imported into that 
     country.
       (b) Contents of Report.--The report required under 
     subsection (a) shall include the following:
       (1) Invasive agricultural pests and diseases.--With respect 
     to any invasive agricultural pests or diseases in the country 
     with which the President intends to negotiate a free trade 
     agreement--
       (A) a list of all invasive agricultural pests and diseases 
     in that country;
       (B) a list of agricultural commodities produced in the 
     United States that might be affected by the introduction of 
     such pests or diseases into the United States; and
       (C) a plan for preventing the introduction into the United 
     States of such pests and diseases, including an estimate of--
       (i) the number of additional inspectors, officials, and 
     other personnel necessary to prevent such introduction and 
     the ports of entry at which the additional inspectors, 
     officials, and other personnel will be needed; and
       (ii) the total cost of preventing such introduction.
       (2) Sanitary and phytosanitary measures.--With respect to 
     sanitary or phytosanitary measures imposed by the government 
     of the country with which the President intends to negotiate 
     a free trade agreement on goods imported into that country--
       (A) a list of any such sanitary and phytosanitary measures 
     that may affect the exportation of agricultural commodities 
     from the United States to that country;
       (B) an assessment of the status of any petitions filed by 
     the United States with the government of that country 
     requesting that that country allow the importation into that 
     country of agricultural commodities produced in the United 
     States;
       (C) an estimate of the economic potential for the 
     exportation of agricultural commodities produced in the 
     United States to that country if the free trade agreement 
     enters into force; and
       (D) an assessment of the effect of sanitary and 
     phytosanitary measures imposed or proposed to be imposed by 
     the government of that country on the economic potential 
     described in subparagraph (C).

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