[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,

[[Page S5626]]

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

[[Page S5628]]

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.

                          ____________________