[Congressional Record Volume 157, Number 71 (Monday, May 23, 2011)]
[Senate]
[Pages S3226-S3229]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. SNOWE (for herself and Ms. Collins):
  S. 1044. A bill to amend title 10, United States Code, to authorize 
the Defense Commissary Agency to conduct a pilot program at military 
institutions to be closed or subject to an adverse realignment under a 
base closure law under which a commissary store may sell additional 
types of merchandise; to the Committee on Armed Services.
  Ms. SNOWE. Mr. President, I rise today to introduce legislation with 
my colleague, Senator Collins, to authorize the Department of Defense 
to carry out a pilot program to sell certain products at commissaries 
that serve areas with military installations that have been adversely 
affected by a Base Closure and Realignment, BRAC, round. It is my 
fervent hope that this legislation will provide the Department of 
Defense with a means of reducing the operating costs of the commissary 
in Topsham, Maine sufficiently that they are able to keep a commissary 
in the area open for many years after the disestablishment of Naval Air 
Station, NAS, Brunswick.
  As my colleagues know, the 2005 BRAC round ordered the closure of NAS 
Brunswick, Maine. That base, which once employed nearly 5,000 personnel 
in the region, will be officially disestablished on May 31, 2011. With 
the closure of NAS Brunswick, some in the Department of Defense have 
argued that the nearby commissary in Topsham, Maine, should also be 
closed.
  However, even after the closure of NAS Brunswick, nearly 1,500 active 
duty, Guard, and Reserve service members remain within a 20 mile drive 
of the installation, including more than 300 active duty personnel who 
support the Navy's Supervisor of Shipbuilding, Conversion and Repair 
just down the road in Bath, Maine. In addition, almost 9,000 military 
retirees and their dependents live in the immediate area, with many 
thousands more living within an hour's drive.
  Thanks to a provision that I and my Maine colleagues succeeded in 
having included in the Ike Skelton National Defense Authorization Act 
for Fiscal Year 2011, the Topsham commissary will remain open until at 
least September 15, 2011, while the Department of Defense considers the 
findings of a Government Accountability Office review on commissary 
operations and policies.

[[Page S3227]]

  That GAO review was recently completed, and it revealed that the 
Department's decision to close the commissary was based on instructions 
that lack clear criteria for determining when commissaries should be 
established, operated, or closed. DOD concurred with GAO's assessment 
that its instructions are unclear, and indicated that it would clarify 
its criteria in the next version of commissary operations.
  So, just one week ago, on May 10, 2011, Senator Collins and I wrote 
to Under Secretary of Defense for Personnel and Readiness Clifford 
Stanley to urge that he not close ANY commissary--including the Topsham 
commissary--until those instructions are clarified. Such an approach is 
the only reasonable route for DOD to move forward in a fair and 
transparent manner.
  In recognition of the financial challenges facing our nation, we have 
also developed an idea to reduce the operating costs of the Topsham 
commissary, which DOD estimates to be approximately $2.2 million per 
year. The store currently returns about $400,000 to the commissary 
system through surcharge revenues, but I certainly appreciate how 
important it is to address the state of our nation's budget.
  So, with a commissary at Topsham, and an exchange at NAS Brunswick, 
we explored the option of using a provision in existing law to create a 
``combined'' store. Although that idea was appealing, we learned that 
every store created under that authority has eventually failed for lack 
of financial support. Thus, we developed the legislation we introduce 
here today.
  This bill would create a pilot program to operate an ``enhanced 
commissary store'' in the Topsham-Brunswick area and at other 
installations closed or adversely realigned by a BRAC round. This new 
authority would allow the pilot stores to sell items that are currently 
sold by or for the military exchanges, such as alcoholic beverages and 
tobacco products. Unlike other products at the commissary, which are 
sold at cost plus a 5 percent surcharge, these products would be sold 
at higher prices as determined by the Secretary of Defense, and the 
proceeds from those sales would be applied to reducing the operating 
costs of each enhanced commissary.
  Although it is difficult to determine how much revenue would result 
from this proposal, preliminary estimates are that it could reduce 
costs at a location such as the Topsham commissary by approximately 
$300,000 per year. That is more than enough to make a cost-effective 
benefit like the commissary an even better deal for our service members 
and the taxpayer.
  On a final note, I would point out that this bill is quite similar to 
a provision included at the behest of Congresswoman Chellie Pingree in 
H.R. 1540, the National Defense Authorization Act fiscal year 2012, as 
reported by the House Armed Services Committee. It has been my pleasure 
to work with her in developing this concept, and I hope that we will be 
able to include similar language in the Senate version of the bill 
later this year.
  I believe that this bill is a common sense solution to ensuring that 
our service members, military retirees, and their dependents are able 
to continue to access the extremely important and valued benefit that 
is the commissary system, even in locations that undergo significant 
realignments due to a BRAC round. I urge my colleagues to consider this 
legislation, and look forward to working with the Senate Armed Services 
Committee to include the proposal in their version of the National 
Defense Authorization Act for fiscal year 2012.
                                 ______
                                 
      By Mr. UDALL of Colorado:
  S. 1047. A bill to amend the Reclamation Projects Authorization and 
Adjustment of 1992 to require the Secretary of the Interior, acting 
through the Bureau of Reclamation, to take actions to improve 
environmental conditions in the vicinity of the Leadville Mine Drainage 
Tunnel in Lake County, Colorado, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. UDALL of Colorado. Mr. President, today I am introducing the 
Leadville Mine Drainage Tunnel Act of 2011 to address concerns of 
federal jurisdiction and public safety regarding a mine drainage tunnel 
in Leadville, CO.
  In 2008, a blockage formed in the Leadville Mine Drainage Tunnel that 
backed up a large volume of contaminated water, creating a serious 
safety hazard for the surrounding community if a catastrophic tunnel 
failure were to occur. The Bureau of Reclamation and the U.S. 
Environmental Protection Agency, EPA, took actions to address the 
immediate threat, including installing a dewatering relief well to 
relieve water pressure behind the tunnel blockage. However, in the 
process, questions arose as to whether the Bureau of Reclamation, which 
owns the tunnel, has the authority to help implement a number of 
remedies by treating contaminated water from the tunnel. My bill 
clarifies that the Bureau of Reclamation has the authority to treat 
this water and is responsible for maintaining the Leadville Mine 
Drainage Tunnel to protect public safety and reduce future threats to 
the community.
  The Leadville Mine Drainage Tunnel was originally constructed by the 
federal Bureau of Mines in the 1940s and 1950s to facilitate the 
extraction of lead and zinc ore for World War II and Korean War 
efforts. The Bureau of Reclamation acquired the tunnel in 1959, hoping 
to use it as a source of water for the Fryingpan-Arkansas Project, a 
water diversion project in the Fryingpan and Arkansas River Basins. 
Although the tunnel was never used for the Fryingpan-Arkansas Project, 
water that flows out of the tunnel is considered part of the natural 
flow of the Arkansas River. With the passage and subsequent signing 
into law of H.R. 429 during the 102nd Congress, the Bureau of 
Reclamation constructed and continues to operate a water treatment 
plant at the mouth of the tunnel.
  Water levels in the tunnel have fluctuated in recent years. The 2008 
collapse in the tunnel increased the tunnel's mine pool significantly, 
leading to new seeps and springs in the area. Estimates suggest that up 
to 1 billion gallons of water may have built up behind the blockage 
within the mine pool.
  In November 2007, EPA sent a letter to the Bureau of Reclamation 
expressing concerns over a catastrophic blowout as a result of the 
built-up water, and, in February 2008, the Lake County Commissioners 
declared a state of emergency. The Bureau of Reclamation developed a 
risk assessment in the area, and the EPA and the Bureau of Reclamation 
performed some emergency measures to relieve water pressure in the 
tunnel.
  While this emergency work was important and successful, the Bureau of 
Reclamation's authority to participate in a long-term solution remains 
an open question. It is unclear whether the Bureau of Reclamation has 
the authority to treat the water from the dewatering relief well or 
surface water diverted into the tunnel from a nearby National 
Priorities List site.
  In short, we found there is not only a physical blockage in the 
tunnel, but also a legal blockage that has prevented the Bureau of 
Reclamation, the EPA and the State of Colorado from reaching an 
agreement on a long-term solution. This legislation will clear out the 
legal blockage by allowing the Bureau of Reclamation and the EPA to 
work collaboratively on solutions and address the unsafe mine pool in 
the tunnel.
  Specifically, the bill does three things:
  First, the bill clarifies that the Bureau of Reclamation is required 
to maintain the structural integrity of the tunnel to minimize the 
chance of a catastrophic failure of the tunnel leading to the 
uncontrolled release of contaminated water.
  Second, the bill clarifies that the Bureau of Reclamation has the 
authority to participate in the long-term solution by treating water 
pooling up behind the blockage and surface water diverted into the 
tunnel from operable unit 6 of the California Gulch National Priorities 
List, Superfund, site. Current law restricts the Bureau of Reclamation 
to treating only ``historically discharged'' effluent, and it is 
uncertain whether that includes treating water as part of the remedy.
  Third, the bill requires the Bureau of Reclamation and EPA to 
cooperate on any Record of Decision for the California Gulch Superfund 
site that impacts the Leadville Mine Drainage Tunnel or the associated 
water treatment plant. As part of that cooperation, the agencies must 
enter into an

[[Page S3228]]

agreement describing how they will pay for any necessary changes to the 
tunnel or treatment plant.
  The bill also authorizes any funding that might be necessary for the 
Bureau of Reclamation to perform its clarified responsibilities under 
this bill.
  By clearing up the legal blockage, the bill will help create a 
collaborative working relationship between the Bureau of Reclamation, 
the EPA and the State of Colorado to solve this problem for the long-
term benefit of Lake County and all of Southeastern Colorado.
  Concerns about the safety of the Leadville Mine Drainage Tunnel have 
persisted for over 30 years, as have questions about federal agencies' 
responsibility to address those concerns. My bill will finally clarify 
federal jurisdiction and give the residents of Leadville, Colorado, as 
well as the entire Arkansas River Basin, an additional measure of 
certainty that the federal government will maintain safe conditions at 
the tunnel. I look forward to working with the rest of the Colorado 
Congressional delegation on this legislation and to its speedy passage.
  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. 1047

       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 ``Leadville Mine Drainage 
     Tunnel Act of 2011''.

     SEC. 2. TUNNEL MAINTENANCE; OPERATION AND MAINTENANCE.

       Section 703 of the Reclamation Projects Authorization and 
     Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4656) 
     is amended to read as follows:

     ``SEC. 703. TUNNEL MAINTENANCE; OPERATION AND MAINTENANCE.

       ``(a) Leadville Mine Drainage Tunnel.--The Secretary shall 
     take any action necessary to maintain the structural 
     integrity of the Leadville Mine Drainage Tunnel--
       ``(1) to maintain public safety; and
       ``(2) to prevent an uncontrolled release of water from the 
     tunnel portal.
       ``(b) Water Treatment Plant.--
       ``(1) In general.--Subject to section 705, the Secretary 
     shall be responsible for the operation and maintenance of the 
     water treatment plant authorized under section 701, including 
     any sludge disposal authorized under this title.
       ``(2) Authority to offer to enter into contracts.--In 
     carrying out paragraph (1), the Secretary may offer to enter 
     into 1 or more contracts with any appropriate individual or 
     entity for the conduct of any service required under 
     paragraph (1).''.

     SEC. 3. REIMBURSEMENT.

       Section 705 of the Reclamation Projects Authorization and 
     Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4656) 
     is amended--
       (1) by striking ``The treatment plant'' and inserting the 
     following:
       ``(a) In General.--Except as provided in subsection (b), 
     the treatment plant'';
       (2) by striking ``Drainage Tunnel'' and inserting 
     ``Drainage Tunnel (which includes any surface water diverted 
     into the Leadville Mine Drainage Tunnel and water collected 
     by the dewatering relief well installed in June 2008)''; and
       (3) by adding at the end the following:
       ``(b) Exception.--The Secretary may--
       ``(1) enter into an agreement with any other entity or 
     government agency to provide funding for an increase in any 
     operation, maintenance, replacement, capital improvement, or 
     expansion cost that is necessary to improve or expand the 
     treatment plant; and
       ``(2) upon entering into an agreement under paragraph (1), 
     make any necessary capital improvement to or expansion of the 
     treatment plant.''.

     SEC. 4. USE OF LEADVILLE MINE DRAINAGE TUNNEL AND TREATMENT 
                   PLANT.

       Section 708(a) of the Reclamation Projects Authorization 
     and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 
     4657) is amended--
       (1) by striking ``(a) The Secretary'' and inserting the 
     following:
       ``(a) In General.--
       ``(1) Authorization.--The Secretary'';
       (2) by striking ``Neither'' and inserting the following:
       ``(2) Liability.--Neither'';
       (3) by striking ``The Secretary shall have'' and inserting 
     the following:
       ``(3) Facilities covered under other laws.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall have'';
       (4) by inserting after ``Recovery Act.'' the following:
       ``(B) Exception.--If the Administrator of the Environmental 
     Protection Agency proposes to amend or issue a new Record of 
     Decision for operable unit 6 of the California Gulch National 
     Priorities List Site, the Administrator shall consult with 
     the Secretary with respect to each feature of the proposed 
     new or amended Record of Decision that may require any 
     alteration to, or otherwise affect the operation and 
     maintenance of--
       ``(i) the Leadville Mine Drainage Tunnel; or
       ``(ii) the water treatment plant authorized under section 
     701.
       ``(4) Authority of secretary.--The Secretary may implement 
     any improvement to the Leadville Mine Drainage Tunnel or 
     improvement to or expansion of the water treatment plant 
     authorized under section 701 as a result of a new or amended 
     Record of Decision for operable unit 6 of the California 
     Gulch National Priorities List Site only upon entering into 
     an agreement with the Administrator of the Environmental 
     Protection Agency or any other entity or government agency to 
     provide funding for the improvement or expansion.''; and
       (5) by striking ``For the purpose of'' and inserting the 
     following:
       ``(5) Definition of upper arkansas river basin.--In''.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       Section 708(f) of the Reclamation Projects Authorization 
     and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 
     4657) is amended by striking ``sections 707 and 708'' and 
     inserting ``this section and sections 703, 705, and 707''.

     SEC. 6. CONFORMING AMENDMENT.

       The table of contents of title VII of the Reclamation 
     Projects Authorization and Adjustment Act of 1992 (Public Law 
     102-575; 106 Stat. 4601) is amended by striking the item 
     relating to section 703 and inserting the following:

``Sec. 703. Tunnel maintenance; operation and maintenance.''.
                                 ______
                                 
      By Mr. KYL (for himself, Mr. Barrasso, Mr. Burr, Mr. Coburn, and 
        Mr. Roberts):
  S. 1049. A bill to lower health premiums and increase choice for 
small business; to the Committee on Finance.
  Mr. KYL. 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. 1049

       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 ``Small 
     Business Health Relief Act of 2011''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

        TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES

Sec. 101. Protecting American jobs and wages.
Sec. 102. Increasing flexibility for small businesses.
Sec. 103. Increasing choices for Americans.
Sec. 104. Protecting patients from higher premiums.
Sec. 105. Ensuring affordable coverage.

                 TITLE II--INCREASING CONSUMER CONTROL

Sec. 201. Repeal of the restriction on over-the-counter medicines.
Sec. 202. Repeal of the annual cap.

       TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE

Sec. 301. Allowing individuals to keep the coverage they have if they 
              like it.

        TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES

     SEC. 101. PROTECTING AMERICAN JOBS AND WAGES.

       Sections 1513 and 1514 and subsections (e), (f), and (g) of 
     section 10106 of the Patient Protection and Affordable Care 
     Act (Public Law 111-148) and the amendments made by such 
     sections and subsections are repealed and the Internal 
     Revenue Code of 1986 shall be applied and administered as if 
     such provisions and amendments had never been enacted.

     SEC. 102. INCREASING FLEXIBILITY FOR SMALL BUSINESSES.

       Section 1302(c)(2) of the Patient Protection and Affordable 
     Care Act (Public Law 111-148) is repealed.

     SEC. 103. INCREASING CHOICES FOR AMERICANS.

       (a) Qualified Health Plan Coverage Satisfied by High 
     Deductible Health Plan With Health Savings Account.--Section 
     1302(e) of the Patient Protection and Affordable Care Act (42 
     U.S.C. 18022(e)) is amended to read as follows:
       ``(e) High Deductible Health Plan With Health Savings 
     Account.--A health plan not providing a bronze, silver, gold, 
     or platinum level of coverage shall be treated as meeting the 
     requirements of subsection (d) with respect to any plan year 
     for any enrollee if the plan meets the requirements for a 
     high deductible health plan under section 223(c)(2) of the 
     Internal Revenue Code of 1986 and such enrollee has 
     established a health savings account (as defined in section 
     223(d)(1) of such Code) in relation to such plan.''.
       (b) Conforming Amendments.--
       (1) Subparagraph (C) of section 1312(d)(3) of the Patient 
     Protection and Affordable Care

[[Page S3229]]

     Act (42 U.S.C. 18032(d)(3)) is amended by striking ``, 
     except'' and all that follows through ``1302(e)(2)''.
       (2) Subparagraph (A) of section 36B(c)(3) of the Internal 
     Revenue Code of 1986, as added by section 1401(a) of the 
     Patient Protection and Affordable Care Act (Public Law 111-
     148) is amended by striking ``, except'' and all that follows 
     through ``such Act''.
       (3) Subparagraph (B) of section 1334(c)(1) of the Patient 
     Protection and Affordable Care Act (42 U.S.C. 18054(c)(1)) is 
     amended by striking ``and catastrophic coverage''.

     SEC. 104. PROTECTING PATIENTS FROM HIGHER PREMIUMS.

       Section 9010 of the Patient Protection and Affordable Care 
     Act (Public Law 111-148), as amended by section 10905 of such 
     Act, is repealed.

     SEC. 105. ENSURING AFFORDABLE COVERAGE.

       Section 2701(a)(1)(A)(iii) of the Public Health Service Act 
     (42 U.S.C. 300(a)(1)(A)(iii)), as added by section 1201 of 
     the Patient Protection and Affordable Care Act (Public Law 
     111-148), is amended by striking ``, except'' and all that 
     follows through ``2707(c))''.

                 TITLE II--INCREASING CONSUMER CONTROL

     SEC. 201. REPEAL OF THE RESTRICTION ON OVER-THE-COUNTER 
                   MEDICINES.

       Section 9003 of the Patient Protection and Affordable Care 
     Act (Public Law 111-148) and the amendments made by such 
     section are repealed; and the Internal Revenue Code of 1986 
     shall be applied as if such section, and amendments, had 
     never been enacted.

     SEC. 202. REPEAL OF THE ANNUAL CAP.

       Sections 9005 and 10902 of the Patient Protection and 
     Affordable Care Act (Public Law 111-148) and section 1403 of 
     the Health Care and Education Reconciliation Act of 2010 
     (Public Law 111-152) and the amendments made by such sections 
     are repealed.

       TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE

     SEC. 301. ALLOWING INDIVIDUALS TO KEEP THE COVERAGE THEY HAVE 
                   IF THEY LIKE IT.

       (a) In General.--Section 1251(a)(2) of the Patient 
     Protection and Affordable Care Act (42 U.S.C. 18011) is 
     amended--
       (1) by striking ``Except as provided in paragraph (3),'' 
     and inserting the following:
       ``(A) In general.--Except as provided in paragraphs (3) and 
     (4),''; and
       (2) by adding at the end the following:
       ``(B) Protecting employers and consumers with grandfathered 
     coverage.--
       ``(i) In general.--A group health plan or health insurance 
     coverage in which an individual is enrolled on or after March 
     23, 2010, but before any plan year beginning not later than 1 
     year after the date of the enactment of this subparagraph, 
     and which is deemed to be a grandfathered health plan under 
     this section, shall continue to be considered a grandfathered 
     health plan with respect to such individual regardless of any 
     modification to the cost-sharing levels, employer 
     contribution rates, or covered benefits under such plan or 
     coverage as otherwise permitted under this Act (and the 
     amendments made by this Act).
       ``(ii) Regulations.--The Secretary shall promulgate 
     regulations to clarify the application of clause (i) to a 
     plan or coverage that continues to be a grandfathered health 
     plan pursuant to such clause.''.
       (b) Effective Date; Previously Promulgated Regulations 
     Voided.--
       (1) Effective date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Patient Protection and Affordable Care Act.
       (2) Previously promulgated regulations voided.--Any 
     regulations relating to section 1251(a)(2) of such Act 
     promulgated before the date of the enactment of this Act 
     shall have no force or effect.

                          ____________________