[Congressional Record (Bound Edition), Volume 152 (2006), Part 9]
[Senate]
[Pages 11836-11842]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. CLINTON:
  S. 3537. A bill to amend the Public Health Service Act to establish a 
national center for public mental health emergency preparedness, and 
for other purposes; to the Committee on Health, Education, Labor, and 
Pensions.
  Mrs. CLINTON. Mr. President, I rise today to introduce the Public 
Mental Health Emergency Preparedness Act of 2006. This bill would take 
several important steps toward preparing our nation to effectively 
address mental health issues in the wake of public health emergencies, 
including potential bioterrorist attacks.
  Hurricanes Katrina and Rita, the events of September 11, other recent 
natural and man-made catastrophes have sadly taught us that our current 
resources are not sufficient or coordinated enough to meet the mental 
health needs of those devastated by emergency events. We need a network 
of trained mental health professionals--including first responders, 
local and state leaders, a well-developed infrastructure, and a 
mechanism--through which to mobilize and deploy mental health resources 
in a rapid and sustained manner in times of public health emergency.
  It is clear that the consequences of emergency events like hurricanes 
or terrorist attacks result in increased emotional and psychological 
suffering among survivors and responders, yet we must do more to assist 
all who are affected. That is why I have introduced the Public Mental 
Health Emergency Preparedness Act of 2006.
  This bill would require the Secretary of Health and Human Services to 
establish the National Center for Public Mental Health Emergency 
Preparedness--the National Center--to coordinate the development and 
delivery of mental health services in collaboration with existing 
Federal, State and local entities when our Nation is confronted with 
public health catastrophes. This legislation would charge the National 
Center with four functions to benefit

[[Page 11837]]

affected Americans in our local communities, particularly vulnerable 
populations like children, older Americans, and persons with 
disabilities.
  First, the Public Mental Health Emergency Preparedness Act would make 
sure we have evidence-based curricula available to meet the diverse 
training needs of a wide range of emergency health professionals, 
including mental health professionals, public health and healthcare 
professionals, emergency services personnel, county emergency managers, 
school personnel, spiritual care professionals, and State and local 
government officials responsible for emergency preparedness. By using 
these curricula, the National Center would build a network of trained 
emergency health professionals at the State and local levels.
  Second, this legislation would establish and maintain a clearinghouse 
of educational materials, guidelines, and research on public mental 
health emergency preparedness and service delivery that would be 
evaluated and updated to ensure the information is accurate and 
current. Technical assistance would be provided to help users access 
those resources most effective for their communities.
  Third, this bill would create an annual national forum for emergency 
health professionals, researchers, other experts and Federal, State and 
local government officials to identify and address gaps in science, 
practice, policy and education related to public mental health 
emergency preparedness and service delivery.
  Finally, the Public Mental Health Preparedness Act would require 
annual evaluations of both the National Center's efforts and those 
across the Federal Government in building our Nation's public mental 
health emergency preparedness and service delivery capacity. Based on 
these evaluations, recommendations would be made to improve such 
activities.
  We must not wait until another disaster strikes before we take action 
to improve the way we respond to the psychological needs of affected 
Americans. I look forward to working with all of my colleagues to 
ensure passage of this bill that would take critical steps toward 
preparing our Nation to successfully deal with the mental health 
consequences of public health emergencies.
  I would ask unanimous consent to insert the text of this legislation 
in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3537

       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 ``Public Mental Health 
     Emergency Preparedness Act of 2006''.

     SEC. 2. NATIONAL CENTER FOR PUBLIC MENTAL HEALTH EMERGENCY 
                   PREPAREDNESS.

       Title XXVIII of the Public Health Service Act (42 U.S.C. 
     300hh-11 et seq.) is amended by adding at the end the 
     following:

   ``Subtitle C--National Center for Public Mental Health Emergency 
                              Preparedness

     ``SEC. 2821. NATIONAL CENTER FOR PUBLIC MENTAL HEALTH 
                   EMERGENCY PREPAREDNESS.

       ``(a) In General.--
       ``(1) Definition.--For purposes of this subtitle, the term 
     `emergency health professionals' means--
       ``(A) mental health professionals, including psychiatrists, 
     psychologists, social workers, counselors, psychiatric 
     nurses, psychiatric aides and case managers, and group home 
     staff;
       ``(B) public health and healthcare professionals, including 
     skilled nursing and assisted living professionals;
       ``(C) emergency services personnel such as police, fire, 
     and emergency medical services personnel;
       ``(D) county emergency managers;
       ``(E) school personnel such as teachers, counselors, and 
     other personnel;
       ``(F) spiritual care professionals;
       ``(G) other disaster relief personnel; and
       ``(H) State and local government officials that are 
     responsible for emergency preparedness.
       ``(2) Establishment.--The Secretary, in consultation with 
     the Director of the Centers for Disease Control and 
     Prevention, shall establish the National Center for Public 
     Mental Health Emergency Preparedness (referred to in this 
     subtitle as the `NCPMHEP') to address mental health concerns 
     and coordinate and implement the development and delivery of 
     mental health services in conjunction with the entities 
     described in subsection (b)(2), in the event of bioterrorism 
     or other public health emergency.
       ``(3) Location; director.--
       ``(A) In general.--The Secretary shall offer to enter into 
     a contract with an eligible institution to provide the 
     location of the NCPMHEP.
       ``(B) Eligible institution.--To be an eligible institution 
     under subparagraph (A), an institution shall--
       ``(i) be an academic medical center or similar institution 
     that has prior experience conducting statewide trainings, and 
     has a demonstrated record of leadership in national and 
     international forums, in public mental health emergency 
     preparedness, which may include disaster mental health 
     preparedness; and
       ``(ii) submit to the Secretary an application at such time, 
     in such manner, and containing such information as the 
     Secretary may require.
       ``(C) Director.--The NCPMHEP shall be headed by a Director, 
     who shall be appointed by the Secretary (referred to in this 
     subtitle as the `Director') from the eligible institution 
     with which the Secretary contracts under subparagraph (A).
       ``(b) Duties.--The NCPMHEP shall--
       ``(1) prepare the Nation's emergency health professionals 
     to provide mental health services in the aftermath of 
     catastrophic events, such as bioterrorism or other public 
     health emergencies, that present psychological consequences 
     for communities and individuals, particularly vulnerable 
     populations such as older Americans, children, and persons 
     with disabilities; and
       ``(2) coordinate with existing mental health preparedness 
     and service delivery efforts of--
       ``(A) Federal agencies (such as the National Disaster 
     Medical System, the Medical Reserve Corps, the Substance 
     Abuse and Mental Health Services Administration, the 
     Department of Defense, the Department of Veterans Affairs, 
     and tribal nations);
       ``(B) State agencies (such as the State mental health 
     authority, office of substance abuse services, public health 
     authority, department of aging, and the office of mental 
     retardation and developmental disabilities);
       ``(C) local agencies (such as county offices of mental 
     health and substance abuse services, public health, child and 
     family services, law enforcement, fire, emergency medical 
     services, school districts, and county emergency management); 
     and
       ``(D) other governmental and nongovernmental disaster 
     relief organizations.
       ``(c) Panel of Experts.--
       ``(1) In general.--The Director, in consultation with State 
     and local mental health and public health authorities, shall 
     develop a mechanism to appoint a panel of experts for the 
     NCPMHEP.
       ``(2) Membership.--
       ``(A) In general.--The panel of experts appointed under 
     paragraph (1) shall be--
       ``(i) composed of individuals who are experts in their 
     respective fields with extensive experience in public mental 
     health emergency preparedness or service delivery, such as 
     mental health professionals, researchers, spiritual care 
     professionals, school counselors, and educators; and
       ``(ii) recommended by their respective national 
     professional organizational or university to such a position.
       ``(B) Terms.--The members of the panel of experts appointed 
     under paragraph (1)--
       ``(i) shall be appointed for a term of 3 years; and
       ``(ii) may be reappointed for an unlimited number of terms.
       ``(C) Balance of composition.--The Director shall ensure 
     that the membership composition of the panel of experts 
     fairly represents a balance of the type and number of experts 
     described under subparagraph (A).
       ``(D) Vacancies.--
       ``(i) In general.--A vacancy on the panel of experts shall 
     be filled in the manner in which the original appointment was 
     made and shall be subject to conditions which applied with 
     respect to the original appointment.
       ``(ii) Filling unexpired term.--An individual chosen to 
     fill a vacancy shall be appointed for the unexpired term of 
     the member replaced.
       ``(iii) Expiration of terms.--The term of any member shall 
     not expire before the date on which the member's successor 
     takes office.

     ``SEC. 2822. TRAINING CURRICULA FOR EMERGENCY HEALTH 
                   PROFESSIONALS.

       ``(a) In General.--The Director shall convene a Training 
     Curricula Working Group from the panel of experts described 
     in section 2821(c) to--
       ``(1) identify and review existing training curricula for 
     emergency health professionals;
       ``(2) approve any such training curricula that satisfy 
     practice and service delivery standards determined by the 
     Training Curricula Working Group and that are evidence-based; 
     and

[[Page 11838]]

       ``(3) make recommendations for, and participate in, the 
     development of any additional training curricula, as 
     determined necessary by the Training Curricula Working Group.
       ``(b) Purpose of Training Curricula.--The Training 
     Curricula Working Group shall ensure that the training 
     curricula approved by the NCPMHEP--
       ``(1) provide the knowledge and skills necessary to respond 
     effectively to the psychological needs of affected 
     individuals, relief personnel, and communities in the event 
     of bioterrorism or other public health emergency; and
       ``(2) is used to build a trained network of emergency 
     health professionals at the State and local levels.
       ``(c) Content of Training Curricula.--
       ``(1) In general.--The Training Curricula Working Group 
     shall ensure that the training curricula approved by the 
     NCPMHEP--
       ``(A) prepare emergency health professionals, in the event 
     of bioterrorism or other public health emergency, for 
     identifying symptoms of mental health distress, supplying 
     immediate relief to keep affected persons safe, recognizing 
     when to refer affected persons for further mental healthcare, 
     understanding how and where to refer for such care, and other 
     components as determined by the Director in consultation with 
     the Training Curricula Working Group;
       ``(B) include training or informational material designed 
     to educate and prepare State and local government officials, 
     in the event of bioterrorism or other public health 
     emergency, in coordinating and deploying mental health 
     resources and services and in addressing other mental health 
     needs, as determined by the Director in consultation with the 
     Training Curricula Working Group; and
       ``(C) meet the diverse training needs of the range of 
     emergency health professionals.
       ``(2) Review of curricula.--The Training Curricula Working 
     Group shall routinely review existing training curricula and 
     participate in the revision of the training curricula 
     described under this section as necessary, taking into 
     consideration recommendations made by the participants of the 
     annual national forum under section 2825 and the Assessment 
     Working Group described under section 2826.
       ``(d) Training Individuals.--
       ``(1) Field trainers.--The Director, in consultation with 
     the Training Curricula Working Group, shall develop a 
     mechanism through which qualified individuals trained through 
     the curricula approved by the NCPMHEP return to their 
     communities to recruit and train others in their respective 
     fields to serve on local emergency response teams.
       ``(2) Field leaders.--The Director, in consultation with 
     the Training Curricula Working Group, shall develop a 
     mechanism through which qualified individuals trained in 
     curricula approved by the NCPMHEP return to their communities 
     to provide expertise to State and local government agencies 
     to mobilize the mental health infrastructure of such State or 
     local agencies, including ensuring that mental health is a 
     component of emergency preparedness and service delivery of 
     such agencies.
       ``(3) Qualifications.--The individuals selected under 
     paragraph (1) or (2) shall--
       ``(A) pass a designated evaluation, as developed by the 
     Director in consultation with the Training Curricula Working 
     Group; and
       ``(B) meet other qualifications as determined by the 
     Director in consultation with the Training Curricula Working 
     Group.

     ``SEC. 2823. USE OF REGISTRIES TO TRACK TRAINED EMERGENCY 
                   HEALTH PROFESSIONALS.

       ``(a) In General.--The Director, in consultation with the 
     mental and public health authorities of each State, shall 
     coordinate the use of existing emergency registries 
     established to track medical and mental health volunteers 
     across all fields and specifically to track the individuals 
     in the State who have been trained using the curricula 
     approved by the NCPMHEP under section 2822. The Director 
     shall ensure that the data available through such registries 
     and used to track such trained individuals will be 
     recoverable and available in the event that such registries 
     become inoperable.
       ``(b) Use of Registry.--The tracking procedure under 
     subsection (a) shall be used by the Secretary, the Secretary 
     of Homeland Security, and the Governor of each State, for the 
     recruitment and deployment of trained emergency health 
     professionals in the event of bioterrorism or other public 
     health emergency.

     ``SEC. 2824. CLEARINGHOUSE FOR PUBLIC MENTAL HEALTH EMERGENCY 
                   PREPAREDNESS AND SERVICE DELIVERY.

       ``(a) In General.--The Director shall establish and 
     maintain a central clearinghouse of educational materials, 
     guidelines, information, strategies, resources, and research 
     on public mental health emergency preparedness and service 
     delivery.
       ``(b) Duties.--The Director shall ensure that the 
     clearinghouse--
       ``(1) enables emergency health professionals and other 
     members of the public to increase their awareness and 
     knowledge of public mental health emergency preparedness and 
     service delivery; and
       ``(2) provides such users with access to a range of public 
     mental health emergency resources and strategies to address 
     their community's unique circumstances and to improve their 
     skills and capacities for addressing mental health problems 
     in the event of bioterrorism or other public health 
     emergency.
       ``(c) Availability.--The Director shall ensure that the 
     clearinghouse--
       ``(1) is available on the Internet;
       ``(2) includes an interactive forum through which users' 
     questions are addressed;
       ``(3) provides links to additional Government-sponsored or 
     other relevant websites that supply information on public 
     mental health emergency preparedness and service delivery; 
     and
       ``(4) includes the training curricula approved by the 
     NCPMHEP under section 2822.
       ``(d) Clearinghouse Working Group.--
       ``(1) In general.--The Director shall convene a 
     Clearinghouse Working Group from the panel of experts 
     described under section 2821(c) to--
       ``(A) evaluate the educational materials, guidelines, 
     information, strategies, resources and research maintained in 
     the clearinghouse to ensure empirical validity; and
       ``(B) offer technical assistance to users of the 
     clearinghouse with respect to finding and selecting the 
     information and resources available through the clearinghouse 
     that would most effectively serve their community's needs in 
     preparing for, and delivering mental health services during, 
     bioterrorism or other public health emergencies.
       ``(2) Technical assistance.--The technical assistance 
     described under paragraph (1) shall include the use of 
     information from the clearinghouse to provide consultation, 
     direction, and guidance to State and local governments and 
     public and private agencies on the development of public 
     mental health emergency plans for activities involving 
     preparedness, mitigation, response, recovery, and evaluation.

     ``SEC. 2825. ANNUAL NATIONAL FORUM FOR PUBLIC MENTAL HEALTH 
                   EMERGENCY PREPAREDNESS AND SERVICE DELIVERY.

       ``(a) In General.--The Director shall organize an annual 
     national forum to address public mental health emergency 
     preparedness and service delivery for emergency health 
     professionals, researchers, scientists, and experts in public 
     mental health emergency preparedness and service delivery, as 
     well as personnel from relevant Federal, State, and local 
     agencies and other governmental and nongovernmental 
     organizations.
       ``(b) Purpose of Forum.--The national forum shall provide 
     the framework for bringing such individuals together to, 
     based on evidence-based research and practice, identify and 
     address gaps in science, practice, policy, and education, 
     make recommendations for the revision of training curricula 
     and for the enhancement of mental health interventions, as 
     appropriate, and make other recommendations as necessary.

     ``SEC. 2826. EVALUATION OF THE EFFECTIVENESS OF PUBLIC MENTAL 
                   HEALTH EMERGENCY PREPAREDNESS AND SERVICE 
                   DELIVERY EFFORTS.

       ``(a) In General.--The Director shall convene an Assessment 
     Working Group from the panel of experts described in section 
     2821(c) to evaluate the effectiveness of the NCPMHEP's 
     efforts and those across the Federal Government in building 
     the Nation's public mental health emergency preparedness and 
     service delivery capacity.
       ``(b) Duties of the Assessment Working Group.--The 
     Assessment Working Group shall--
       ``(1) evaluate--
       ``(A) the effectiveness of each component of the NCPMHEP, 
     including the identification and development of training 
     curricula, the clearinghouse, and the annual national forum;
       ``(B) the effects of the training curricula on the skills, 
     knowledge, and attitudes of emergency health professionals 
     and on their delivery of mental health services in the event 
     of bioterrorism or other public health emergency;
       ``(C) the effects of the NCPMHEP on the capacities of State 
     and local government agencies to coordinate, mobilize, and 
     deploy resources and to deliver mental health services in the 
     event of bioterrorism or other public health emergency; and
       ``(D) other issues as determined by the Secretary, in 
     consultation with the Assessment Working Group; and
       ``(2) submit the annual report required under subsection 
     (c).
       ``(c) Annual Report.--On an annual basis, the Assessment 
     Working Group shall--
       ``(1) report to the Secretary and appropriate committees of 
     Congress the results of the evaluation by the Assessment 
     Working Group under this section; and
       ``(2) publish and disseminate the results of such 
     evaluation on as wide a basis as is practicable, including 
     through the NCPMHEP clearinghouse website under section 2824.
       ``(d) Recommendations.--
       ``(1) In general.--Based on the annual report, the 
     Director, in consultation with the Assessment Working Group, 
     shall make recommendations to the Secretary--
       ``(A) for improving--
       ``(i) the training curricula identified and approved by the 
     NCPMHEP;
       ``(ii) the NCPMHEP clearinghouse; and

[[Page 11839]]

       ``(iii) the annual forum of the NCPMHEP; and
       ``(B) regarding any other matter related to improving 
     mental health preparedness and service delivery in the event 
     of bioterrorism or other public health emergency in the 
     United States through the NCPMHEP.
       ``(2) Action by secretary.--Based on the recommendations 
     provided under paragraph (1), the Secretary shall submit 
     recommendations to Congress for any legislative changes 
     necessary to implement such recommendations.

     ``SEC. 2827. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subtitle--
       ``(1) $15,000,000 for fiscal year 2007; and
       ``(2) such sums as may be necessary for fiscal years 2008 
     through 2011.''.
                                 ______
                                 
      By Mr. GRAHAM:
  S. 3542. A bill to improve maritime and cargo security and for other 
purpose; to the Committee on Commerce, Science, and Transportation.
  Mr. GRAHAM. Mr. President, I ask unanimous consent that the text of 
the Project Seahawk Implementation Act 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. 3542

       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 ``Project SeaHawk 
     Implementation Act of 2006''.

     SEC. 2. ESTABLISHMENT OF ADDITIONAL INTERAGENCY OPERATIONAL 
                   CENTERS FOR PORT SECURITY.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of Homeland Security, 
     acting through the Commandant of the Coast Guard, shall 
     establish or designate a center as an interagency operational 
     centers for maritime and port security in each geographic 
     region designated as a Coast Guard sector by the Commandant.
       (b) Purposes.--The purposes of each center established or 
     designated under subsection (a) are to facilitate day-to-day 
     operational coordination, interagency cooperation, unity of 
     command, and the sharing of intelligence information in a 
     common mission to provide greater protection for port and 
     intermodal transportation systems against acts of terrorism.
       (c) Location.--Each center established or designated under 
     subsection (a) shall be co-located with the command center 
     for each geographic region designated as a Coast Guard 
     sector.
       (d) Connectivity.--If a port is associated with a command 
     center that is not located at such port, the Secretary shall 
     utilize appropriate electronic communications, including 
     virtual connectivity, to maintain awareness of activities of 
     that port and to provide for participation by the entities 
     set out is subsection (f).
       (e) Requirements.--Each center established or designated 
     under subsection (a) shall--
       (1) be modeled on the Charleston Harbor Operations Center 
     (popularly known as Project SeaHawk) administered by the 
     United States Attorney's Office for the District of South 
     Carolina for the Port of Charleston located in Charleston, 
     South Carolina; and
       (2) be adapted to meet the security needs, requirements, 
     and resources of the individual port area at which each is 
     operating.
       (f) Participation.--The representatives of the following 
     entities shall participate in each center established or 
     designated under subsection (a):
       (1) The United States Coast Guard.
       (2) The United States Attorney's Office in the district in 
     which the center is located.
       (3) The Bureau of Customs and Border Protection of the 
     Department of Homeland Security.
       (4) The Bureau of Immigration and Customs Enforcement of 
     the Department of Homeland Security.
       (5) The Department of Defense, if the Secretary of Homeland 
     Security and the Secretary of Defense determine appropriate.
       (6) The Federal Bureau of Investigation.
       (7) Other Federal agencies with a presence at the port, as 
     appropriate, or as otherwise determined appropriate by the 
     Secretary.
       (8) State and local law enforcement and first responder 
     agencies responsible for the port, as appropriate, or as 
     otherwise determined appropriate by the Secretary.
       (9) Port authority representatives, maritime exchanges, 
     private sector stakeholders, and other entities subject to an 
     Area Maritime Security Plan prepared pursuant to part 103 of 
     title 33, Code of Federal Regulations, if determined 
     appropriate by the Secretary.
       (g) Responsibilities.--The head of each center established 
     or designated under subsection (a) shall--
       (1) assist, as appropriate, in the implementation of 
     maritime transportation security plans developed under 
     section 70103 of title 46, United States Code;
       (2) implement the transportation security incident response 
     plans required under section 70104 of such title;
       (3) be incorporated into the implementation of maritime 
     intelligence activities under section 70113 of such title;
       (4) conduct short- and long-range vessel tracking under 
     sections 70114 and 70115 of such title;
       (5) be incorporated into the implementation of section 
     70116 of such title;
       (6) carry out information sharing activities consistent 
     with such activities required by section 1016 of the National 
     Security Intelligence Reform Act of 2004 (6 U.S.C. 485) or 
     the Homeland Security Information Sharing Act (6 U.S.C. 481 
     et seq.);
       (7) be incorporated into the screening and high-risk cargo 
     inspection programs carried out by the Bureau of Customs and 
     Border Protection; and
       (8) carry out such other responsibilities that the 
     Secretary of Homeland Security determines are appropriate.

     SEC. 3. REPORT.

       (a) Requirement.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to the Committee on Appropriations, the 
     Committee on Homeland Security and Governmental Affairs, and 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Appropriations, the Committee on 
     Homeland Security, and the Committee on Energy and Commerce 
     of the House of Representatives a plan for the implementation 
     of this Act.
       (b) Contents.--The report submitted under subsection (a) 
     shall describe, for each center that will be established 
     under section 2(a)--
       (1) the location of such center;
       (2) the entities who will participate in the center;
       (3) the cost to establish and operate the center; and
       (4) the resources necessary to operate and maintain, 
     including the cost-sharing requirements for other agencies 
     and participants.

     SEC. 4. RELATIONSHIP TO OTHER REQUIREMENTS.

       The Commandant of the Coast Guard shall utilize information 
     developed for the report required by section 807 of the Coast 
     Guard and Maritime Transportation Act of 2004 (Public Law 
     108-293; 118 Stat. 1082) to carry out the requirements of 
     this Act. The Commandant shall utilize the information 
     developed for the report required by that section in carrying 
     out the requirements of this Act.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary for each Coast Guard sector for fiscal years 2007 
     through 2012 to carry out this Act.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Ms. Snowe, Mr. Durbin, Mr. 
        Chafee, Mr. Inouye, Ms. Cantwell, Mr. Nelson of Florida, Mrs. 
        Boxer, Mr. Lautenberg, Mr. Menendez, Mr. Lieberman, and Ms. 
        Collins):
  S. 3543. A bill to improve passenger automobile fuel economy and 
safety, reduce greenhouse gas emissions, reduce dependence on foreign 
oil, and for other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Mrs. FEINSTEIN. Mr. President, I rise today with Senators Snowe, 
Durbin, Chafee, Inouye, Collins, Cantwell, Bill Nelson, Boxer, 
Lautenberg, Menendez, and Lieberman to introduce a bill to increase 
CAFE standards by 10 miles in 10 years.
  This is a commonsense, bipartisan approach to reduce our dependence 
on foreign oil, decrease our greenhouse gas emissions, and save 
consumers at the pump.
  We have the technology available today to increase the fuel economy 
of our vehicles. We just need the political will--which is why we are 
here today.
  Specifically, our bill would raise the average fuel economy of all 
cars and SUVs to 35 miles per gallon by model year 2017.
  This would save 2.5 million barrels of oil per day by 2025. That is 
the same amount of oil we currently import from the Persian Gulf.
  This bill would also save consumers dollars at the pump. At $3 per 
gallon, Americans driving 15,000 miles per year are, on average, using 
600 gallons of gasoline and spending $1,800 per year on gas.
  By raising CAFE standards to 35 miles per gallon, consumers would 
only use 429 gallons of gas per year, costing $1,287 per year for gas. 
That is a savings of $513 per year at the pump.
  Assuming the consumer keeps the vehicle for at least 5 years, that is 
a savings of more than $2,500--more than enough to recoup the cost of 
more efficient vehicles.

[[Page 11840]]

  Raising CAFE standards is also good for the environment. The two 
largest culprits of climate change are coal-fired powerplants and 
automobiles. Coal powerplants are the largest U.S. source of carbon 
dioxide--producing 2.5 billion tons every year. But the automobile 
isn't very far behind--producing nearly 1.5 billion tons of carbon 
dioxide every year. In fact, every gallon of gasoline burned emits 20 
pounds of harmful CO2 into the atmosphere. That means that 
each car is responsible for about 12,000 pounds of greenhouse gas 
emissions every year. This legislation would take a good first step at 
reducing our greenhouse gas emissions.
  By 2025, an average fuel economy standard of 35mpg would eliminate 
420 million metric tons of carbon dioxide emissions--the equivalent of 
taking 90 million cars--or 75 million cars and light trucks--off the 
road in 1 year.
  Our daily driving habits are costing consumers at the pump, 
threatening our national security, and potentially causing irrevocable 
harm to our environment. We have the technology available today to make 
significant increases in fuel economy standards. In fact, David Greene 
of Oak Ridge National Laboratory, a leading expert on fuel economy, 
says that a 35 mpg standard by model year 2017 is cost effective and 
can be achieved without reducing the size, weight, or horsepower of 
vehicles. And 78 percent of U.S. drivers have said they are willing to 
pay for better fuel economy.
  The longer we delay, the harder it will be to kick our addiction to 
oil. We must act today.
  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. 3543

       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 ``Ten-in-Ten Fuel Economy 
     Act''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Average fuel economy standards for passenger automobiles and 
              light trucks.
Sec. 4. Passenger car program reform.
Sec. 5. Definition of work truck.
Sec. 6. Definition of light truck.
Sec. 7. Ensuring safety of passenger automobiles and light trucks.
Sec. 8. Truth in fuel economy testing.
Sec. 9. Onboard fuel economy indicators and devices.
Sec. 10. Secretary of Transportation to certify benefits.
Sec. 11. Credit trading program.
Sec. 12. Report to Congress.
Sec. 13. Labels for fuel economy and greenhouse gas emissions.

     SEC. 3. AVERAGE FUEL ECONOMY STANDARDS FOR PASSENGER 
                   AUTOMOBILES AND LIGHT TRUCKS.

       (a) Increased Standards.--Section 32902 of title 49, United 
     States Code, is amended--
       (1) by striking ``Non-Passenger Automobiles.--'' in 
     subsection (a) and inserting ``Prescription of Standards by 
     Regulation.--''; and
       (2) by striking ``(except passenger automobiles)''in 
     subsection (a) and inserting ``(except passenger automobiles 
     and light trucks)'';
       (3) by striking subsection (b) and inserting the following:
       ``(b) Standards for Passenger Automobiles and Light 
     Trucks.--
       ``(1) In general.--The Secretary of Transportation, after 
     consultation with the Administrator of the Environmental 
     Protection Agency, shall prescribe average fuel economy 
     standards for passenger automobiles and light trucks 
     manufactured by a manufacturer in each model year beginning 
     with model year 2009 in order to achieve a combined average 
     fuel economy standard for passenger automobiles and light 
     trucks for model year 2017 of at least 35 miles per gallon.
       ``(2) Elimination of suv loophole.--Beginning no later than 
     with model year 2011, the regulations prescribed under this 
     section may not make any distinction between passenger 
     automobiles and light trucks.
       ``(3) Progress toward standard required.--In prescribing 
     average fuel economy standards under paragraph (1), the 
     Secretary shall prescribe appropriate annual fuel economy 
     standard increases for passenger automobiles and light trucks 
     that--
       ``(A) increase the applicable average fuel economy standard 
     ratably beginning with model year 2009 and ending with model 
     year 2017;
       ``(B) require that each manufacturer achieve--
       ``(i) a fuel economy standard for passenger automobiles 
     manufactured by that manufacturer of at least 31.1 miles per 
     gallon no later than model year 2009; and
       ``(ii) a fuel economy standard for light trucks 
     manufactured by that manufacturer of at least 23.6 miles per 
     gallon no later than model year 2009.
       ``(4) Fuel economy baseline for passenger automobiles.--
     Notwithstanding the maximum feasible average fuel economy 
     level established by regulations prescribed under subsection 
     (c), the minimum fleetwide average fuel economy standard for 
     passenger automobiles manufactured by a manufacturer in a 
     model year for that manufacturer's domestic fleet and foreign 
     fleet, as calculated under section 32904 of this chapter as 
     in effect before the date of enactment of the Ten-in-Ten Fuel 
     Economy Act, shall be the greater of--
       ``(i) 27.5 miles per gallon; or
       ``(ii) 92 percent of the average fuel economy projected by 
     the Secretary for the combined domestic and foreign fleets 
     manufactured by all manufacturers in that model year.
       ``(5) Deadline for regulations.--The Secretary shall 
     promulgate the regulations required by paragraphs (1) and (2) 
     in final form no later than 18 months after the date of 
     enactment of the Ten-in-Ten Fuel Economy Act.''.

     SEC. 4. PASSENGER CAR PROGRAM REFORM.

       Section 32902 of title 49, United States Code, is amended--
       (1) by striking ``gallon.'' in subsection (b)(1), as 
     amended by section 3, and inserting ``gallon or such other 
     number (or numbers) of miles per gallon as the Secretary may 
     prescribe under subsection (c).'';
       2) by striking ``the standard'' in the first sentence of 
     subsection (c)(1) and inserting ``a standard'';
       (3) by striking ``the standard.'' in the second sentence of 
     subsection (c)(1) and inserting ``any standard prescribed 
     under subsection (b).'';
       (4) by inserting ``The Secretary may prescribe separate 
     standards for different classes of passenger automobiles.'' 
     after ``presentation.'' in subsection (c)(1);
       (5) by striking ``(1) Subject to paragraph (2) of this 
     subsection, the'' in subsection (c)(1) and inserting ``At 
     least 18 months before the beginning of each model year, 
     the''; and
       (6) by striking paragraph (2) of subsection (c).

     SEC. 5. DEFINITION OF WORK TRUCK.

       (a) Definition of Work Truck.--Section 32901(a) of title 49 
     is amended by inserting after paragraph 11 the following:
       ``(11A) `work truck' means an automobile that the Secretary 
     determines by regulation--
       ``(A) is rated at between 8,500 and 10,000 pounds gross 
     vehicle weight; and
       ``(B) is not a medium duty passenger vehicle as defined in 
     40 C.F.R. 86.1803-01.''.
       (b) Deadline for Regulations.--The Secretary of 
     Transportation--
       (1) shall issue proposed regulations implementing the 
     amendment made by subsection (a) not later than 1 year after 
     the date of enactment of this Act; and
       (2) shall issue final regulations implementing the 
     amendment not later than 18 months after the date of 
     enactment of this Act.
       (c) Fuel Economy Standards for Work Trucks.--The Secretary 
     of Transportation, in consultation with the Administrator of 
     the Environmental Protection Agency, shall prescribe 
     standards to achieve the maximum feasible fuel economy for 
     work trucks (as defined in section 32901(a)(11A) of title 49, 
     United States Code) manufactured by a manufacturer in each 
     model year beginning in model year 2011.

     SEC. 6. DEFINITION OF LIGHT TRUCK.

       (a) Definition of Light Truck.--
       (1) In general.--Section 32901(a) of title 49, United 
     States Code, is amended by inserting after paragraph (11) the 
     following:
       ``(11B) `light truck' means an automobile that the 
     Secretary determines by regulation--
       ``(A) is manufactured primarily for transporting not more 
     than 10 individuals;
       ``(B) is rated at not more than 10,000 pounds gross vehicle 
     weight;
       ``(C) is not a passenger automobile; and
       ``(D) is not a work truck.''.
       (2) Deadline for regulations.--The Secretary of 
     Transportation--
       (A) shall issue proposed regulations implementing the 
     amendment made by paragraph (1) not later than 1 year after 
     the date of the enactment of this Act; and
       (B) shall issue final regulations implementing the 
     amendment not later than 18 months after the date of the 
     enactment of this Act.
       (3) Effective date.--Regulations prescribed under paragraph 
     (1) shall apply beginning with model year 2009.
       (b) Applicability of Existing Standards.--This section does 
     not affect the application of section 32902 of title 49, 
     United States Code, to passenger automobiles or non-passenger 
     automobiles manufactured before model year 2009.

[[Page 11841]]

       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation to 
     carry out the provisions of chapter 329 of title 49, United 
     States Code, $25,000,000 for each of fiscal years 2007 
     through 2019.

     SEC. 7. ENSURING SAFETY OF PASSENGER AUTOMOBILES AND LIGHT 
                   TRUCKS.

       (a) In General.--The Secretary of Transportation shall 
     exercise such authority under Federal law as the Secretary 
     may have to ensure that--
       (1) passenger automobiles and light trucks (as those terms 
     are defined in section 32901 of title 49, United States Code) 
     are safe;
       (2) progress is made in improving the overall safety of 
     passenger automobiles and light trucks; and
       (3) progress is made in maximizing United States 
     employment.
       (b) Vehicle Safety.--Subchapter II of chapter 301 of title 
     49, United States Code, is amended by adding at the end the 
     following:

     ``Sec. 30129. Vehicle compatibility and aggressivity 
       reduction standard

       ``(a) Standards.--The Secretary of Transportation shall 
     issue a motor vehicle safety standard to reduce vehicle 
     incompatibility and aggressivity between passenger vehicles 
     and non-passenger vehicles. The standard shall address 
     characteristics necessary to ensure better management of 
     crash forces in multiple vehicle frontal and side impact 
     crashes between different types, sizes, and weights of 
     vehicles with a gross vehicle weight of 10,000 pounds or less 
     in order to decrease occupant deaths and injuries.
       ``(b) Consumer Information.--The Secretary shall develop 
     and implement a public information side and frontal 
     compatibility crash test program with vehicle ratings based 
     on risks to occupants, risks to other motorists, and combined 
     risks by vehicle make and model.''.
       (c) Rulemaking Deadlines.--
       (1) Rulemaking.--The Secretary of Transportation shall 
     issue--
       (A) a notice of a proposed rulemaking under section 30129 
     of title 49, United States Code, not later than January 1, 
     2008; and
       (B) a final rule under that section not later than December 
     31, 2009.
       (2) Effective date of requirements.--Any requirement 
     imposed under the final rule issued under paragraph (1) shall 
     become fully effective no later than September 1, 2012.
       (d) Conforming Amendment.--The chapter analysis for chapter 
     301 is amended by inserting after the item relating to 
     section 30128 the following:

``30129. Vehicle compatibility and aggressivity reduction standard''.

     SEC. 8. TRUTH IN FUEL ECONOMY TESTING.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency, in consultation with the Secretary of 
     Transportation, shall, as appropriate, use existing emission 
     test cycles and updated adjustment factors to update and 
     revise the process used to determine fuel economy values for 
     labeling purposes as described in sections 600.209-85 and 
     600.209-95 of title 40, Code of Federal Regulations, (or 
     successor regulations) to take into consideration current 
     factors, such as--
       (1) speed limits;
       (2) acceleration rates;
       (3) braking;
       (4) variations in weather and temperature;
       (5) vehicle load;
       (6) use of air conditioning;
       (7) driving patterns; and
       (8) the use of other fuel-consuming features.
       (b) Labels for Fuel Economy Mode Devices.--The 
     Administrator of the Environmental Protection Agency shall 
     include fuel economy label information for all fuel economy 
     modes provided by devices described in section 9(a)(3) of 
     this Act.
       (c) Deadline.--In carrying out subsection (a), the 
     Administrator shall--
       (1) issue a notice of proposed rulemaking, or amend the 
     notice of proposed rulemaking for Docket Id. No. OAR-2003-
     0214, not later than 90 days after the date of enactment of 
     this Act; and
       (2) promulgate a final rule not later than 180 days after 
     the date on which the notice under paragraph (1) is issued.
       (d) Use of Common Measurements for Labelling and Compliance 
     Testing.--Section 32904(c) of title 49, United States Code, 
     is amended to read as follows:
       ``(c) Testing and Calculation Procedures.--The 
     Administrator shall measure fuel economy for each model and 
     calculate average fuel economy for a manufacturer using the 
     same procedures and factors used by the Administrator for 
     labeling purposes under section 32908 by model year 2015.''.
       (e) Reevaluation and Report.--Not later than 3 years after 
     the date of promulgation of the final rule under subsection 
     (b)(2), and triennially thereafter, the Administrator shall--
       (1) reevaluate the fuel economy labeling procedures 
     described in subsections (a) and (c) to determine whether 
     changes in the factors used to establish the labeling 
     procedures warrant a revision of that process; and
       (2) submit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Energy and Commerce that describes the results 
     of the reevaluation process.

     SEC. 9. ONBOARD FUEL ECONOMY INDICATORS AND DEVICES.

       (a) In General.--Chapter 329 of title 49, United States 
     Code, as amended by section 8, is further amended by adding 
     at the end the following:

     ``Sec. 32921. Fuel economy indicators and devices

       ``(a) In General.--The Secretary of Transportation, in 
     consultation with the Administrator of the Environmental 
     Protection Agency, shall prescribe a fuel economy standard 
     for passenger automobiles and light trucks manufactured by a 
     manufacturer in each model year beginning with model year 
     2013 that requires each such automobile and light truck to be 
     equipped with--
       ``(1) an onboard electronic instrument that provides real-
     time and cumulative fuel economy data;
       ``(2) an onboard electronic instrument that signals a 
     driver when inadequate tire pressure may be affecting fuel 
     economy; and
       ``(3) a device that will allow drivers to place the 
     automobile or light truck in a mode that will automatically 
     produce greater fuel economy.
       ``(b) Exception.--Subsection (a) does not apply to any 
     vehicle that is not subject to an average fuel economy 
     standard under section 32902(b).
       ``(c) Enforcement.--Subchapter IV of chapter 301 of this 
     title shall apply to a fuel economy standard prescribed under 
     subsection (a) to the same extent and in the same manner as 
     if that standard were a motor vehicle safety standard under 
     chapter 301.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     329 of title 49, United States Code, as amended by section 8, 
     is further amended by inserting after the item relating to 
     section 32920 the following:

``32921. Fuel economy indicators and devices''.

     SEC. 10. SECRETARY OF TRANSPORTATION TO CERTIFY BENEFITS.

       Beginning with model year 2009, the Secretary of 
     Transportation, in consultation with the Administrator of the 
     Environmental Protection Agency, shall determine and certify 
     annually to the Congress--
       (1) the annual reduction in United States consumption of 
     gasoline or petroleum distillates used for vehicle fuel, and
       (2) the annual reduction in greenhouse gas emissions,
     properly attributable to the implementation of the average 
     fuel economy standards imposed under section 32902 of title 
     49, United States Code, as a result of the amendments made by 
     this Act.

     SEC. 11. CREDIT TRADING PROGRAM.

       Section 32903 of title 49, United States Code, is amended--
       (1) by striking ``passenger'' each place it appears;
       (2) by striking ``section 32902(b)-(d) of this title'' each 
     place it appears and inserting ``subsection (a), (c), or (d) 
     of section 32902'';
       (3) by striking ``clause (1) of this subsection'' in 
     subsection (a)(2) and inserting ``paragraph (1)''; and
       (4) by striking subsection (e) and inserting the following:
       ``(e) Credit Trading Among Manufacturers.--The Secretary of 
     Transportation may establish, by regulation, a corporate 
     average fuel economy credit trading program to allow 
     manufacturers whose automobiles exceed the average fuel 
     economy standards prescribed under section 32902 to earn 
     credits to be sold to manufacturers whose automobiles fail to 
     achieve the prescribed standards.''.

     SEC. 12. REPORT TO CONGRESS.

       Not later than December 31, 2012, the Secretary of 
     Transportation shall submit to Congress a report on the 
     progress made by the automobile manufacturing industry 
     towards meeting the 35 miles per gallon average fuel economy 
     standard required under section 32902(b)(4) of title 49, 
     United States Code.

     SEC. 13. LABELS FOR FUEL ECONOMY AND GREENHOUSE GAS 
                   EMISSIONS.

       Section 32908 of title 49, United States Code, is amended--
       (1) by striking ``title.'' in subsection (a)(1) and 
     inserting ``title, and a light truck (as defined in section 
     32901(a)(11A)) manufactured by a manufacturer in a model year 
     after model year 2009; and'';
       (2) by redesignating subparagraph (F) of subsection (b)(1) 
     as subparagraph (H), and inserting after subparagraph (E) the 
     following:
       ``(F) a label (or a logo imprinted on a label required by 
     this paragraph) that--
       ``(i) reflects an automobile's performance on the basis of 
     criteria developed by the Administrator to reflect the fuel 
     economy and greenhouse gas and other emissions consequences 
     of operating the automobile over its likely useful life;
       ``(ii) permits consumers to compare performance results 
     under clause (i) among all passenger automobiles and light 
     duty trucks (as defined in section 32901); and
       ``(ii) is designed to encourage the manufacture and sale of 
     passenger automobiles and light trucks that meet or exceed 
     applicable fuel economy standards under section 32902.
       ``(G) a fuelstar under paragraph (5).''; and
       (3) by adding at the end of subsection (b) the following:

[[Page 11842]]

       ``(4) Green label program.--
       ``(A) Marketing Analysis.--Within 2 years after the date of 
     enactment of the Ten-in-Ten Fuel Economy Act, the 
     Administrator shall complete a study of social marketing 
     strategies with the goal of maximizing consumer understanding 
     of point-of-sale labels or logos described in paragraph 
     (1)(F).
       ``(B) Eligibility.--Within 3 years after that date, the 
     Administrator shall issue requirements for the label or logo 
     required by paragraph (1)(F) to ensure that a passenger 
     automobile or light truck is not eligible for the label or 
     logo unless it--
       ``(i) meets or exceeds the applicable fuel economy 
     standard; or
       ``(ii) will have the lowest greenhouse gas emissions over 
     the useful life of the vehicle of all vehicles in the vehicle 
     class to which it belongs in that model year.
       ``(C) Criteria.--In developing criteria for the label or 
     logo, the Administrator shall also consider, among others as 
     appropriate, the following factors:
       ``(i) The recyclability of the automobile.
       ``(ii) Any other pollutants or harmful byproducts related 
     to the automobile, which may include those generated during 
     manufacture of the automobile, those issued during use of the 
     automobile, or those generated after the automobile ceases to 
     be operated.
       ``(5) Fuelstar program.--
       ``(A) In general.--The Secretary shall establish a program, 
     to be known as the `fuelstar' program, under which stars 
     shall be imprinted on or attached to the label required by 
     paragraph (1).
       ``(B) Green stars.--Under the program a manufacturer may 
     place green stars on the label maintained on an automobile 
     under paragraph (1) as follows:
       ``(i) 1 green star for any automobile that meets the 
     average fuel economy standard for the model year under 
     section 32902.
       ``(ii) 1 additional green star for each 2 miles per gallon 
     by which the automobile exceeds that standard.
       ``(C) Gold stars.--Under the program a manufacturer may 
     place a gold star on the label maintained on an automobile 
     under paragraph (1) if--
       ``(i) in the case of a passenger automobile, it obtains a 
     fuel economy of 50 miles per gallon or more; and
       ``(ii) in the case of a light truck, it obtains a fuel 
     economy of 37 miles per gallon or more.''.

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