[Congressional Record Volume 155, Number 173 (Friday, November 20, 2009)]
[Senate]
[Pages S11884-S11886]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. MERKLEY:
  S. 2811. A bill to amend the Migratory Bird Treaty Act to provide for 
penalties and enforcement for intentionally taking protected avian 
species, and for other purposes; to the Committee on Environment and 
Public Works.
  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. 2811

       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 ``Migratory Bird Treaty Act 
     Penalty and Enforcement Act of 2009''.

     SEC. 2. AMENDMENT OF MIGRATORY BIRD TREATY ACT.

       Section 6 of the Migratory Bird Treaty Act (16 U.S.C. 707) 
     is amended by redesignating subsections (c) and (d) as 
     subsections (d) and (e), respectively, and by inserting after 
     subsection (b) the following:
       ``(c)(1) Except in the case of hunting and other activity 
     allowed under section 3, whoever, in violation of this Act, 
     intentionally and maliciously takes by any manner any 
     migratory bird shall be guilty of a felony and, upon 
     conviction, shall be fined not more than $50,000 or 
     imprisoned for not more than two years, or both, for each 
     violation.
       ``(2) Any person who intentionally and maliciously commits 
     any other act or omission in violation of this Act or any 
     regulations issued under this Act shall be guilty of a felony 
     and, upon conviction, shall be fined not more than $50,000 or 
     imprisoned for not more than two years, or both, for each 
     violation.
       ``(3) The Secretary or the Secretary of the Treasury shall 
     pay, from sums received as fines under this subsection and 
     subject to the availability of appropriations, a reward to 
     any person who furnishes information that leads to an arrest 
     or a criminal conviction for any violation of this Act. The 
     amount of the reward, if any, shall be designated by the 
     Secretary or the Secretary of the Treasury, as appropriate. 
     Any officer or employee of the United States or any State or 
     local government who furnishes information or renders service 
     in the performance of his or her official duties is 
     ineligible for payment under this paragraph.''.
                                 ______
                                 
      By Mr. BINGAMAN (for himself, Ms. Murkowski, and Mr. Udall of 
        Colorado):
  S. 2812. A bill to amend the Energy Policy Act of 2005 to require the 
Secretary of Energy to carry out programs to develop and demonstrate 2 
small modular nuclear reactor designs, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, I rise today to introduce the Nuclear 
Power 2021 Act, which is cosponsored by Senator Murkowski and Senator 
Udall from Colorado.
  This bill, along with Senator Udall's bill S. 2052 are designed to 
give the Department of Energy a set of specific programmatic 
authorities to help address ways to lower the up-front capital cost of 
nuclear reactors. The National Academies of Science in their recent 
America's Energy Future study determined that by 2030 we will need 
essentially to double the existing base load power provided by nuclear 
energy or about another 100 gigawatts.
  But before we can make such a large and dramatic increase in nuclear 
energy, I believe we must demonstrate the ability to construct ``first-
mover'' reactors in the U.S. that are on cost and schedule. The 
National Academies likewise confirmed this as one of two principal 
demonstrations that must be carried out during the next decade to more 
fully understand the range of available options for controlling carbon 
emissions from energy production. The other challenge of commensurate 
importance that they identified is the demonstration of carbon capture 
and sequestration on a large scale for fossil-fuel based energy 
production.
  In that regard, the bill I am introducing today addresses the topic 
of small modular reactors, which are typically rated with a capacity of 
less than 300 electrical megawatts; and that can be constructed and 
operated in combination with similar reactors at a single site. These 
reactors can be less capital intensive than the larger 1,000 megawatt 
reactors currently being licensed at the Nuclear Regulatory Commission; 
they have the potential to be built in a modular fashion much like our 
current fleet of nuclear submarines.
  This bill is similar to the Department of Energy's Nuclear Power 2010 
program; it concentrates not so much on the research and development of 
these reactors but demonstrating the ability to license them. Senator 
Udall's bill authorizes the Department to conduct research on these 
reactors with the goal of reducing cost while operating them in a safe 
and secure fashion.
  More specifically, this bill authorizes the Secretary of Energy to 
work in a public private partnership to develop a standard design for 
two modular reactors, one of which will not be more than 50 megawatts; 
obtain a design certification from the Nuclear Regulatory Commission 
for each design by 2018; and obtain a combined operating license from 
the Commission by 2021.
  All of this effort would be cost shared by non-federal funds and 
selected under competitive merit review process while emphasizing 
efficiency, cost, safety and proliferation resistance.
  The climate change issue we face today is too large to exclude any 
one

[[Page S11885]]

technology that can produce energy without emitting carbon dioxide. The 
National Academies report acknowledges the important role nuclear 
energy has and must play in a carbon constrained energy world; this 
bill I hope is another step to address some of the recommendations of 
this report. I hope my colleagues join me as cosponsors 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. 2812

       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 ``Nuclear Power 2021 Act''.

     SEC. 2. NUCLEAR POWER 2021 INITIATIVE.

       Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 
     16272) is amended by adding at the end the following:
       ``(f) Nuclear Power 2021 Initiative.--
       ``(1) Definitions.--In this subsection:
       ``(A) Combined license.--The term `combined license' has 
     the meaning given the term in section 52.1 of title 10, Code 
     of Federal Regulations (or a successor regulation).
       ``(B) Design certification.--The term `design 
     certification' has the meaning given the term in section 52.1 
     of title 10, Code of Federal Regulations (or a successor 
     regulation).
       ``(C) Small modular reactor.--The term `small modular 
     reactor' means a nuclear reactor--
       ``(i) with a rated capacity of less than 300 electrical 
     megawatts; and
       ``(ii) that can be constructed and operated in combination 
     with similar reactors at a single site.
       ``(2) Duty of secretary.--The Secretary shall carry out, 
     through cooperative agreements with private sector partners--
       ``(A) a program--
       ``(i) to develop a standard design for each of 2 small 
     modular reactors, at least 1 of which has a rated capacity of 
     not more than 50 electrical megawatts; and
       ``(ii) to obtain a design certification from the Nuclear 
     Regulatory Commission for each of the 2 standard designs by 
     January 1, 2018; and
       ``(B) a program to demonstrate the licensing of small 
     modular reactors by--
       ``(i) developing applications for a combined license for 
     each of the designs certified pursuant to subparagraph (A); 
     and
       ``(ii) obtaining a combined license from the Nuclear 
     Regulatory Commission for each of the designs by January 1, 
     2021.
       ``(3) Merit review of proposals.--The Secretary shall 
     select proposals for cooperative agreements under this 
     subsection--
       ``(A) on the basis of an impartial review of the scientific 
     and technical merit of the proposals; and
       ``(B) through the use of competitive procedures.
       ``(4) Technical considerations.--In evaluating proposals, 
     the Secretary shall take into account the efficiency, cost, 
     safety, and proliferation resistance of competing reactor 
     designs.
       ``(5) Cost-share requirements.--
       ``(A) Design development.--Notwithstanding section 988, the 
     Secretary shall require that not less than 50 percent of the 
     cost of the development of each small modular reactor design 
     under paragraph (2)(A) be provided by a non-Federal source.
       ``(B) Licensing demonstration.--Notwithstanding section 
     988, the Secretary shall require that not less than 75 
     percent of the cost of the licensing demonstration of each 
     small modular reactor design under paragraph (2)(B) be 
     provided by a non-Federal source.
       ``(C) Calculation of amount.--Non-Federal contributions 
     under this subsection shall be calculated in accordance with 
     section 988(d).''.
                                 ______
                                 
      By Ms. COLLINS (for herself and Mr. Conrad):
  S. 2814. A bill tb amend title XVIII of the Social Security Act to 
ensure more timely access to home health services for Medicare 
beneficiaries under the Medicare program; to the Committee on Finance.
  Ms. COLLINS. Mr. President, I rise today on behalf of myself and 
Senator Conrad to introduce legislation to ensure that our seniors and 
disabled citizens have timely access to home health services under the 
Medicare program.
  Nurse practitioners, physician assistants, certified nurse midwives 
and clinical nurse specialists are all playing increasingly important 
roles in the delivery of health care services, particularly in rural 
and medically underserved areas of our country where physicians may be 
in scarce supply. In recognition of their growing role, Congress, in 
1997, authorized Medicare to begin paying for physician services 
provided by these health professionals as long as those services are 
within their scope of practice under state law.
  Despite their expanded role, these advanced practice registered 
nurses and physician assistants are currently unable to order home 
health services for their Medicare patients. Under current law, only 
physicians are allowed to certify or initiate home health care for 
Medicare patients, even though they may not be as familiar with the 
patient's case as the non-physician provider. In fact, in many cases, 
the certifying physician may not even have a relationship with the 
patient and must rely upon the input of the nurse practitioner, 
physician assistant, clinical nurse specialist or certified nurse 
midwife to order the medically necessary home health care. At best, 
this requirement adds more paperwork and a number of unnecessary steps 
to the process before home health care can be provided. At worst, it 
can lead to needless delays in getting Medicare patients the home 
health care they need simply because a physician is not readily 
available to sign the form.
  The inability of advanced practice registered nurses and physician 
assistants to order home health care is particularly burdensome for 
Medicare beneficiaries in medically underserved areas, where these 
providers may be the only health care professionals available. For 
example, needed home health care was delayed by more than a week for a 
Medicare patient in Nevada because the physician assistant was the only 
health care professional serving the patient's small town, and the 
supervising physician was located 60 miles away.
  A nurse practitioner told me about another case in which her 
collaborating physician had just lost her father and was not available. 
As a consequence, the patient experienced a two-day delay in getting 
needed care while they waited to get the paperwork signed by another 
physician. Another nurse practitioner pointed out that it is ridiculous 
that she can order physical and occupational therapy in a subacute 
facility but cannot order home health care. One of her patients had to 
wait 11 days after being discharged before his physical and 
occupational therapy could continue simply because the home health 
agency had difficulty finding a physician to certify the continuation 
of the same therapy that the nurse practitioner had been able to 
authorize when the patient was in the facility.
  The Home Health Care Planning Improvement Act will help to ensure 
that our Medicare beneficiaries get the home health care that they need 
when they need it by allowing physician assistants, nurse 
practitioners, clinical nurse specialists and certified nurse midwives 
to order home health services. Our legislation is supported by the 
National Association for Home Care and Hospice, the American Nurses 
Association, the American Academy of Physician Assistants, the American 
College of Nurse Practitioners, the American College of Nurse Midwives, 
the American Academy of Nurse Practitioners, and the Visiting Nurse 
Associations of America. I urge all of my colleagues to join us as 
cosponsors of this important legislation.
                                 ______
                                 
      By Mr. GRASSLEY:
  S. 2815. A bill to extend certain housing-related deadlines in the 
Heartland Disaster Tax Relief Act of 2008; to the Committee on Finance.
  Mr. GRASSLEY. Mr. President, today I have introduced a bill to extend 
deadlines by one year for three provisions in the Heartland Disaster 
Tax Relief Act of 2008.
  The Heartland Disaster Tax Relief Act has been critical in rebuilding 
the lives and communities of those affected by the terrible floods and 
tornadoes from last year.
  Because of delays in Federal funding and tighter credit conditions, 
many homeowners affected by the 2008 floods and storms will be unable 
to meet the deadline for the tax relief intended to help with recovery.
  It is only fair to extend the deadline and give these homeowners the 
chance to recover and rebuild. A lot of people are still trying to fix 
their ruined homes or move on to new housing. A house is ruined in a 
few minutes, but banks and governments take what seems like an 
eternity.
  The first provision is a one-year extension of the provision allowing 
disaster victims with damage to their primary residence to use their 
own assets

[[Page S11886]]

to buy a new home or repair an existing home by withdrawing money from 
their retirement plans without tax penalties.
  The second provision is a one-year extension of a provision allowing 
disaster victims that have borrowed from their retirement account for 
disaster recovery to repay their own account without penalty.
  The final provision is a 1-year extension of a provision allowing 
disaster victims whose banks cancel mortgage debt to not have the 
cancelled debt counted as taxable income. I urge my colleagues to help 
me in getting this important legislation enacted into law as soon as 
possible.
  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. 2815

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXTENSION OF SPECIAL RULES FOR USE OF RETIREMENT 
                   FUNDS.

       Section 702(d)(10) of the Heartland Disaster Tax Relief Act 
     of 2008 (Public Law 110-343; 122 Stat. 3916) is amended--
       (1) by striking ``January 1, 2010'' both places it appears 
     and inserting ``January 1, 2011'', and
       (2) by striking ``December 31, 2009'' both places it 
     appears and inserting ``December 31, 2010''.

     SEC. 2. EXTENSION OF EXCLUSION OF CERTAIN CANCELLATION OF 
                   INDEBTEDNESS INCOME.

       Section 702(e)(4)(C) of the Heartland Disaster Tax Relief 
     Act of 2008 (Public Law 110-343; 122 Stat. 3918) is amended 
     by striking ``January 1, 2010'' and inserting ``January 1, 
     2011''.

                          ____________________