[Congressional Record Volume 157, Number 136 (Wednesday, September 14, 2011)]
[Senate]
[Pages S5625-S5628]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. BINGAMAN (for himself and Mr. Kerry):
S. 1557. A bill to amend the Internal Revenue Code of 1986 to expand
personal savings and retirement savings coverage by allowing employees
not covered by qualified retirement plans to save for retirement
through automatic IRAs, and for other purposes; to the Committee on
Finance.
Mr. BINGAMAN. Mr. President, I rise today to introduce the Automatic
IRA Act of 2011. When fully phased in, this bill will give nearly 42
million Americans nationwide an easy, effective way to take
responsibility for their financial futures and plan for a secure
retirement. The Act incorporates the President's call, in his Proposed
fiscal year 2010, 2011, and 2012 Budgets, for Congress to enact
Automatic IRA legislation.
Currently, about half of American workers have no opportunity to save
for retirement at work. In my home State of New Mexico, that share is
nearly 60 percent. Among those lacking coverage at work, only one in
ten contributes annually to an individual retirement account, IRA; the
rest generally make no dedicated savings for retirement. The result? An
alarming number of American workers are woefully unprepared for a
financially secure retirement. According to Boston College's Center for
Retirement Research, ``in 2009 half of today's households will not have
enough retirement income to maintain their pre-retirement standard of
living, even if they work to age 65, which is above the current average
retirement age.'' Especially in this period of economic uncertainty, it
is imperative that Congress focus on this retirement savings crisis. My
bill takes a common-sense approach to doing so.
Under this bill, most private-sector employees working in
establishments of 10 or more employees who are not currently covered by
a workplace retirement plan would be given the opportunity to save
through regular payroll deposits that continue automatically, unless
they elect out. The savings will be deposited into the worker's own
IRA, which will be subject to the laws already in place governing IRA
accounts. Employers' administrative functions will be minimal. And the
arrangement is market-oriented; other than the smallest of accounts,
automatic IRAs will be provided by the same banks, mutual funds,
insurance carriers, and other institutions that currently provide them.
The automatic IRA approach is intended to help these households
overcome the barrier of inertia. It builds on the successful use--
encouraged by reforms I strongly supported the Pension Protection Act
of 2006--of automatic features in 401(k) plans that encourage employees
toward sensible decisions, while allowing them to make alternative
choices. We have already seen evidence that automatic 401(k) enrollment
can dramatically boost employee participation rates, from seven in ten
eligible workers to 9 in 10. In the 401(k) context, the gains are even
more striking for population groups least likely to save, including
women, Latino, and low-income workers.
Of the 75 million American workers who now are not covered by
employment-based retirement plans, an estimated 42 million would be
eligible to save and enroll under Automatic IRA legislation. This
includes more than 250,000 in my home state of New Mexico. Many of
these individuals are familiar with IRAs. But when asked why they
haven't used the existing program, about half point to issues relating
to setup and decision-making as the key barriers. The automatic IRA
would eliminate these barriers, and the Retirement Security Project
estimates that automatic IRA legislation could increase net national
saving by nearly $15 billion annually.
This is the fourth consecutive Congress in which I have introduced
Automatic IRA legislation. The concept was initially developed by
scholars at the Brookings Institution and Heritage Foundation. Indeed,
the Automatic IRA concept has long enjoyed broad support across the
political spectrum. For instance, Martin Feldstein, chief economic
advisor to President Reagan, has described himself as ``a great
enthusiast of automatic enrollment IRAs'' who thinks ``as a policy,
it's a no-brainer'' and ``can't imagine why there would be any
significant opposition from political players on either side of the
aisle.''
Finally, this bill seeks to send a strong signal of preference for
employers to offer qualified retirement plans,
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like 401(k)s. Among other features, it doubles the credit for employers
that newly establish qualified plans and it directs the Secretaries of
the Treasury and Labor to implement final regulations and establish a
model plan for Multiple Employer Plans.
I am grateful that my colleague on the Senate Finance Committee,
Senator Kerry, is joining me in introducing this bill. I am also
pleased to note the broad range of stakeholders supporting the
Automatic IRA concept, including AARP; the American Society of Pension
Professionals & Actuaries; Aspen Institute's Initiative on Financial
Security; the Business and Professional Women's Foundation; CFED;
Consumers Union; FINRA; the Minority Business Roundtable; New Economics
for Women; the United States Black Chamber; the United States Women's
Chamber of Commerce; Women Impacting Public Policy; and the Women's
Institute for a Secure Retirement.
Ensuring easy access to a retirement account and the ability to have
part of their wages go directly from their paycheck into this account
are proven strategies to encourage retirement savings. I call on the
Senate to take up this bill and give it full consideration.
______
By Ms. CANTWELL (for herself and Mrs. Murray):
S. 1559. A bill to establish the San Juan Islands National
Conservation Area in the San Juan Islands, Washington, and for other
purposes; to the Committee on Energy and Natural Resources.
Ms. CANTWELL. Mr. President, I rise today to introduce the San Juan
Islands National Conservation Area Act.
The San Juan Islands in northwest Washington host some of the most
beautiful, serene spots in the world. The San Juans are made up of 172
islands with over 300 miles of shoreline, some little more than rocks,
others home to towns, farms, and forests. The coastlines are a mix of
sandy and rocky beaches, shallow and deep harbors, and placid and reef-
studded bays. And between the many islands run channels of water that
support many of Washington's most important marine species, including
abundant salmon runs and our majestic regional icon, the orca whale.
Included in the San Juan Islands are nearly 1,000 acres of land owned
by the Federal Government, spread out over 60 separate locations and
managed by the U.S. Bureau of Land Management, BLM. These parcels,
which range from pine forests to lighthouses, provide recreational,
ecological, historical, cultural, and scientific benefits to island
residents and around 70,000 tourists that visit each year.
Despite their value, no long-term comprehensive management plan
exists for these Federal parcels, threatening continued preservation
and public access to these sites. Many of these areas are fragile,
increasing the challenge of accommodating increasing numbers of
visitors.
In addition, San Juan Island residents have seen the possibility of
public lands they treasure being transferred to private ownership. In
2005, the Washington State Department of Natural Resources made a
unilateral decision to divest itself of all its properties in San Juan
County, including Mitchell Hill, a popular and scenic hiking trail on
San Juan Island. While these lands were actively pursued by a private,
out-of-state, real-estate developer, I was proud to work with the San
Juan Island community to help secure Federal funding to keep these
lands in the public domain.
Unfortunately, the Bureau of Land Management lands in the San Juan
Islands are not permanently protected or preserved in public ownership.
Last July, Congressman Larsen, the Bureau of Land Management, and I
visited with residents and businesses that have been working for years
to permanently protect these special places.
The legislation I introduce today is a direct result of our efforts
and represents a consensus between the San Juan Island community,
Congressman Larsen, and the Department of the Interior. If enacted, the
San Juan Islands National Conservation Area Act will designate all
1,000 acres of BLM lands in the San Juans as a National Conservation
Area, ensuring that these natural treasures remain protected,
accessible to the public, and better managed to accommodate visitor
use.
National Conservation Area designated lands are considered some of
the most important Bureau of Land Management properties and are
therefore a higher priority for management funding than non-designated
lands they manage. Specifically, National Conservation Area status
would ensure the San Juan Island properties are appropriately managed
to protect their unique qualities and not grouped in with other BLM
lands where activities such as mining, oil and gas exploration, off
road vehicle use, and grazing are allowed. Importantly, my legislation
requires that the management plan drafting process allows for local
input into how these properties are to be managed for the long-term.
A National Conservation Area designation will also foster a stronger
working relationship with other agency partners such as the U.S. Fish
and Wildlife Service and provide increased opportunities for sharing
resources.
I am looking forward to working to advance this legislation through
the Senate Energy and Natural Resources Committee, and through the full
Senate. Through our efforts we will work to ensure that future
generations will be able to enjoy these special parts of the San Juan
Islands.
I would also like to thank my colleague Senator Murray for agreeing
to cosponsor this legislation, and Congressman Larsen for his
leadership and introducing companion legislation today in the House of
Representatives.
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. 1559
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 ``San Juan Islands National
Conservation Area Act''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) land managed by the Bureau of Land Management in the
San Juan Archipelago in the State of Washington comprising
nearly 1,000 acres of small islands, rocks and reef,
headlands, historic lighthouses, and ecologically important
areas are of great value to people in the State of Washington
and the United States;
(2) the area described in paragraph (1)--
(A) provides recreational opportunities for hiking,
wildlife viewing, boating, picnicking, photography, sea
kayaking, and camping; and
(B) is enjoyed by residents of the area and visitors;
(3) in 2010, the area described in paragraph (1) received
more than 65,000 visitors in a county with a population of
15,769 residents;
(4) the area described in paragraph (1) preserves important
local, national, and tribal cultural and historic sites, such
as--
(A) lighthouses on Patos Island, Turn Point, and Cattle
Point, which are registered as State Historic Structures;
(B) numerous archaeological sites, including shell middens,
plank-house sites, and burial markers; and
(C) areas of cultural importance, including ancient Coast
Salish camas cultivation sites, homesteads, reef-net sites,
and settler cabins;
(5) the area described in paragraph (1) includes vanishing
coastal flower meadows, spruce bogs, groves of Garry oaks and
endemic coastal junipers, and other rare and fragile
ecosystems that support numerous plant species and provide
nesting habitat for seabirds, songbirds, bats, and other
small native mammals;
(6) the area described in paragraph (1) is used by several
nonprofit, government, and educational organizations for
scientific research and education, including the San Juan
Islands Experimental Education Outdoor Classroom; and
(7) establishing the San Juan Islands National Conservation
Area is the best way to preserve, protect, enhance, and
restore a landscape that is of local and national importance.
(b) Purposes.--The purposes of this Act are--
(1) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the ecological,
scenic, wildlife, recreational, cultural, historical,
natural, educational, and scientific resources of the
National Conservation Area; and
(2) to protect each species that is--
(A) located in the National Conservation Area; and
(B) listed as a threatened or endangered species on the
list of threatened species or the list of endangered species
published under section 4(c)(1) of the Endangered Species Act
of 1973 (16 U.S.C. 1533(c)(1)).
SEC. 3. DEFINITIONS.
In this Act:
(1) Advisory council.--The term ``Advisory Council'' means
the San Juan Islands National Conservation Area Advisory
Council established under section 4(e).
[[Page S5627]]
(2) Management plan.--The term ``management plan'' means
the management plan for the National Conservation Area
developed under section 4(b).
(3) National conservation area.--The term ``National
Conservation Area'' means the San Juan Islands National
Conservation Area established by section 4(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. SAN JUAN ISLANDS NATIONAL CONSERVATION AREA.
(a) Establishment.--Subject to valid existing rights, there
is established in the State of Washington the San Juan
Islands National Conservation Area, consisting of
approximately 1,000 acres of public land in the State of
Washington, as generally depicted on the map entitled
``Proposed San Juan Islands National Conversation Area'' and
dated June 30, 2011.
(b) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act and in accordance with paragraph (2),
the Secretary shall develop a comprehensive plan for the
long-term management of the National Conservation Area.
(2) Consultation.--In developing the management plan
required under paragraph (1), the Secretary shall consult
with--
(A) appropriate State, tribal, and local governmental
entities; and
(B) members of the public.
(c) Management.--
(1) In general.--The Secretary shall manage the National
Conservation Area--
(A) in a manner that conserves, protects, and enhances the
resources of the National Conservation Area; and
(B) in accordance with--
(i) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(ii) this Act; and
(iii) any other applicable law (including regulations).
(2) Uses.--The Secretary shall only allow uses of the
National Conservation Area that the Secretary determines
would further a purpose described in section 2(b).
(3) Motorized vehicles.--Except as needed for
administrative purposes or to respond to an emergency, the
use of motorized vehicles in the National Conservation Area
shall be permitted only on roads designated by the management
plan for the use of motorized vehicles.
(4) Wildland fire operations.--Nothing in this Act
prohibits the Secretary, in cooperation with other Federal,
State, and local agencies, as appropriate, from conducting
wildland fire operations in the National Conservation Area,
consistent with the purposes of this Act.
(5) Invasive species and noxious weeds.--In accordance with
any applicable laws and subject to such terms and conditions
as the Secretary determines to be appropriate, the Secretary
may prescribe measures to control nonnative invasive plants
and noxious weeds within the National Conservation Area.
(6) Tribal cultural uses.--The Secretary shall, in
consultation with Indian tribes--
(A) ensure the protection of religious and cultural sites
in the National Conservation Area; and
(B) provide access to the sites by members of Indian tribes
for traditional cultural and customary uses, consistent with
Public Law 95-341 (commonly known as the ``American Indian
Religious Freedom Act'') (42 U.S.C. 1996).
(d) No Buffer Zones.--
(1) In general.--Nothing in this Act creates a protective
perimeter or buffer zone around the National Conservation
Area.
(2) Activities outside conservation area.--The fact that an
activity or use on land outside the National Conservation
Area can be seen or heard within the National Conservation
Area shall not preclude the activity or use outside the
boundary of the National Conservation Area.
(3) Acquisition of land.--
(A) In general.--The Secretary may acquire non-Federal land
within the boundaries of the National Conservation Area only
through exchange, donation, or purchase from a willing
seller.
(B) Management.--Land acquired under subparagraph (A) shall
become part of the National Conservation Area.
(e) Advisory Council.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish an
advisory council, to be known as the ``San Juan Islands
National Conservation Area Advisory Council''.
(2) Members.--
(A) Composition.--The Advisory Council shall be composed of
7 members, to be appointed by the Secretary.
(B) Qualifications.--To the maximum extent practicable, the
members appointed under subparagraph (A) shall--
(i) reside in or within reasonable proximity to San Juan
County, Washington;
(ii) have backgrounds that reflect--
(I) the purposes for which the National Conservation Area
was established; and
(II) the interests of the stakeholders that are affected by
the planning and management of the National Conservation
Area; and
(iii) be fairly balanced in terms of the points of view
represented and the functions to be performed by the Advisory
Council.
(3) Duties.--The Advisory Council shall advise the
Secretary with respect to the preparation and implementation
of the management plan.
(4) Applicable law.--The Advisory Council shall be subject
to--
(A) the Federal Advisory Committee Act (5 U.S.C. App.); and
(B) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(5) Termination.--The Advisory Council shall terminate on
the date that is 1 year after the date on which the
management plan is adopted by the Secretary.
(f) Incorporation of Acquired Land and Interests.--Any land
acquired by the United States after the date of enactment of
this Act that is located in the National Conservation Area
shall--
(1) become part of the National Conservation Area; and
(2) be managed in accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(B) this Act; and
(C) any other applicable law (including regulations).
(g) Withdrawal.--
(1) In general.--Subject to valid existing rights, all
Federal land (including interests in the Federal land)
located in the National Conservation Area is withdrawn from--
(A) all forms of entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patenting under the mining laws;
and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(2) Additional land.--Any land acquired by the United
States after the date of enactment of this Act that is
located in the National Conservation Area shall be withdrawn
from operation of the laws referred to in paragraph (1) on
the date of acquisition of the land.
(h) Effect.--Nothing in this Act alters, modifies,
enlarges, diminishes, or abrogates the treaty rights of any
Indian tribe.
______
By Mr. KOHL:
S. 1560. A bill to enhance access to controlled substances for
residents of institutional long-term care facilities, and for other
purposes; to the Committee on the Judiciary.
Mr. KOHL. Mr. President, I rise today to introduce the Nursing Home
Resident Pain Relief Act of 2011. This legislation will help ensure
that nursing home residents have timely access to pain medication as
needed in emergency situations. By streamlining processes that can now
cause delays in administering these vital drugs, the bill will also
allow designated health care professionals to administer controlled
substances to residents whose medical conditions warrant quick pain
relief.
To accomplish these ends, the legislation amends the Controlled
Substances Act, CSA, in several ways. First, it allows nurses and other
appropriately licensed health professionals, designated by the nursing
home and with approval from the physician, to order and administer pain
medication to residents upon a physician's oral prescription. The bill
also establishes a clear chain of accountability for these licensed
health professionals, physicians, as well as for nursing homes and
long-term care pharmacies.
Last year, the Special Committee on Aging, which I Chair, held a
listening session where we heard about a recent Drug Enforcement
Agency, DEA, enforcement initiative that has kept nursing home
residents from receiving much-needed medication to manage their pain.
For many years, nurses had been able to call urgently-needed
prescriptions into pharmacies upon a physician's order over the phone.
Pharmacies would fill the order, residents would get their pain
medication, and physicians would follow up with written confirmation of
the prescription. Now, DEA requires physicians to directly issue
prescriptions in writing for Schedule II pain medications before they
can be dispensed, including in emergency circumstances. This poses a
problem for nursing home residents because facilities often do not have
physicians on site to fill out the necessary paper work in time to
provide critically needed pain medicine. The DEA's enforcement
initiative has created an unintended consequence where nursing home
residents often have to suffer for several hours or even days before
they receive pain medication.
These delays have serious consequences. Here is an all-too-common
scenario: an elderly resident that returns to a nursing home after
surgery may be in more pain than his physician anticipated and need
more medication than the physician prescribed to manage the pain. In
order to access the medication he needs, the nursing home employees
must first have his physician send a written prescription to a
pharmacy. If the physician is difficult to locate or slow to respond,
this can take hours or even days. The resident's
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pain may become so unmanageable while he waits that he must be
transported by ambulance to a hospital emergency room. The ambulance
ride and emergency room admission are not only expensive; they can set
back the fragile resident's recovery from surgery. Our legislation
would make these situations entirely avoidable.
DEA's enforcement initiative effectively put nursing home providers
in a difficult position: If they follow the letter of the law, they are
in danger of violating Health and Human Services regulations requiring
them to administer medications in a timely manner. Failure to do so can
result in monetary penalties. In addition, pharmacies could face fines
under the CSA if they respond to the nursing home's order--which is
almost always transmitted by a nurse--if they fill the order. As a
result, a number of pharmacies, including several in the Midwest, are
facing tens of millions of dollars in fines imposed by DEA.
Last year DEA issued a policy statement to provide a way for nursing
home residents to access some kinds of medication more quickly. Under
this new policy, a nursing home's licensed health care professionals
may, on a physician's behalf, transcribe the physician's oral
prescription for Schedule III, IV or V medications to a pharmacy to be
filled. While we appreciated DEA's efforts, without amending the CSA
the agency does not have the statutory authority to allow licensed
health care professionals to transmit prescriptions for Schedule II
controlled substances, the category under which nearly all pain
medications fall. Legislation is required in order to provide nursing
home residents prompt, reliable pain relief when they are suffering
from severe injury or illness.
Our bill would provide a remedy by modifying the CSA to permit pain
medication to be dispensed in emergency situations by nursing home
professionals without a direct written order by a physician prior to
its dispensing. Let me explain how this would work. A physician, if he
or she chooses, would be able to authorize the administrator of a long-
term care facility to designate one or more licensed health care
professionals employed by the facility to act as a ``facility
designee.'' In emergency situations only, and upon receiving an oral
prescription from the physician, a facility designee would be permitted
to contact a pharmacy to have the prescription filled and then dispense
Schedule II medications to long-term care facility residents.
This would allow a physician to provide the prescription information
to the facility designee via phone when a resident urgently needs pain
medication and the physician is unavailable to transmit a written
prescription to a pharmacy for a Schedule II controlled substance. The
facility designee must document the physician's prescription in writing
and transmit the written document to a pharmacy so that the
prescription can be filled. After the pharmacy fills the prescription,
it must send a copy of the written document memorializing the
prescription to the physician for his or her endorsement. The physician
must then send the endorsed document, confirming the oral prescription,
to the pharmacy within five business days.
Diversion of controlled substances for illicit purposes is of great
concern to me. That is why we have included numerous provisions to
protect against diversion in nursing homes. For example, the bill
requires careful recordkeeping by facilities and pharmacies, which can
then be reviewed by DEA as necessary. It requires each actor--the
physician, facility designee, and pharmacist--to make a record of his
or her role in the process. Long-term care facilities are asked to
maintain a written or electronic logbook that memorializes
prescriptions and their administration.
Additionally, the legislation enhances criminal and civil penalties
for long-term care facility administrators and facility designees who
divert drugs, or who violate recordkeeping requirements. These steps
will help to ensure that pain medications get to those nursing home
residents who need them.
I appreciate the great interest of the stakeholders, including long-
term care facility, physician and pharmacy organizations, in solving
this problem and I look forward to working with them to finally end the
needless delay in pain relief. I would like to thank Attorney General
Holder, DEA Administrator Michelle Leonhardt, and their staff for
working with me on this legislation, and I look forward to continuing
our work together to assure rapid approval by Congress.
Nursing home residents cannot wait for pain medication when they are
in debilitating pain and our straightforward bill can help provide some
needed relief. I urge my colleagues to support this important
legislation.
____________________