[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.
____________________