[Congressional Record (Bound Edition), Volume 153 (2007), Part 23]
[Senate]
[Pages 31376-31379]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. JOHNSON (for himself, Mr. Coleman, Mr. Harkin, and Mr. 
        Menendez):
  S. 2352. A bill to amend title XVIII of the Social Security Act to 
provide Medicare beneficiaries greater choice with regard to accessing 
hearing health services and benefits; to the Committee on Finance.
  Mr. JOHNSON. Mr. President, I am pleased to introduce the Medicare 
Hearing Health Care Enhancement Act with my colleagues, Senators 
Harkin, Coleman, and Menendez. This legislation is the companion bill 
to legislation introduced in the House by Representative Mike Ross, 
with a number of cosponsors.
  This legislation will provide Medicare beneficiaries with the same 
hearing care options available to veterans and Federal employees, 
including every member of this body. Under this bill, Medicare 
beneficiaries who experience hearing problems will have the option of 
going directly to an audiologist, rather than first visiting a 
physician. This is the policy for the health care programs administered 
by the Department of Veterans Affairs and the Office

[[Page 31377]]

of Personnel Management. Direct access works well for our veterans and 
for Federal employees, including Members of Congress, and direct access 
should be available to senior citizens in the Medicare program.
  More than 31 million Americans have some type of hearing problem, 
making hearing loss the third most common health problem in the U.S. 
Many of them are older Americans, and this statistic is fast increasing 
with the aging of the ``baby boomers.'' Yet half of all hearing 
impaired persons are under age 65. With 80 to 90 percent of hearing 
problems not medically or surgically treatable, it seems only 
reasonable that Medicare patients be allowed to consult with an 
audiologist without first seeing another health care provider. It is 
part of regular audiological practice to refer patients for medical 
management when clinical indicators are present.
  In 1992, the Department of Veterans Affairs, VA, changed its health 
care policy to allow for the option of direct access to a licensed 
audiologist. The VA reports: ``the policy has provided and continues to 
provide high quality, cost effective, and successful hearing health 
care to veterans.'' The VA did not experience increased utilization of 
audiology services due to the policy change and instead found, ``the 
policy did not increase the number of visits beyond what would be 
expected in the aging veteran population.''
  In 2003, the Congress in the Appropriations Conference Report number 
108-10 recommended that the Center for Medicare and Medicaid Services 
make this change. We have since learned that CMS does not have the 
authority to do so under current law. Therefore, I hope that we can all 
agree that this is a common sense idea whose time has come, and move 
this legislation forward to enactment.
  Direct access would facilitate access to hearing care without 
expanding the scope of practice for audiologists. This legislation will 
make it easier for Medicare beneficiaries, particularly in rural 
America, to have the same high quality hearing care provided by the VA 
and OPM. It is also important to point out that both the Medicare and 
Medicaid programs now recognize State licensure as the appropriate 
standard for determining who is a qualified audiologist.
  This legislation enjoys the support of a large number of 
organizations including the American Academy of Audiology, the American 
Speech-Language and Hearing Association, the National Association of 
the Deaf and the National Rural Health Association. I commend this 
legislation to the attention of my colleagues and urge them to lend 
their support by cosponsoring this bill.
                                 ______
                                 
      By Mr. DURBIN:
  S. 2353. A bill to increase the annual salaries of justices and 
judges of the United States, and to increase fees for bankruptcy 
trustees; to the Committee on the Judiciary.
  Mr. DURBIN. 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. 2353

       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 ``Fair Judicial Compensation 
     Act of 2007''.

     SEC. 2. JUDICIAL SALARY INCREASE.

       (a) In General.--The annual salaries of the Chief Justice 
     of the United States, associate justices of the Supreme Court 
     of the United States, United States circuit judges, United 
     States district judges, and judges of the United States Court 
     of International Trade are increased in the amount of 16.5 
     percent of their respective annual salary rates in effect on 
     the effective date of this Act, rounded to the nearest $100 
     (or, if midway between multiples of $100, to the next higher 
     multiple of $100).
       (b) Coordination Rule.--If a pay adjustment under 
     subsection (a) is to be made for an office or position as of 
     the same date that any other pay adjustment would take effect 
     for such office or position, the adjustment under this Act 
     shall be made first.
       (c) Effective Date.--This section shall take effect on the 
     first day of the first applicable pay period beginning on or 
     after the date of enactment of this Act.

     SEC. 3. BANKRUPTCY TRUSTEES.

       Section 330(b)(2) of title 11, United States Code, is 
     amended, in the undesignated matter following subparagraph 
     (B), by striking ``$15'' each place that term appears and 
     inserting ``$55''.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this Act.
                                 ______
                                 
      By Ms. CANTWELL:
  S. 2355. A bill to amend the National Climate Program Act to enhance 
the ability of the United States to develop and implement climate 
change adaptation programs and policies, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Ms. CANTWELL. Mr. President, I rise today to introduce the Climate 
Change Adaptation Act of 2007.
  Before I describe the merits of this bill, I would like to take a 
moment to commend many of my colleagues for their ongoing efforts to 
develop legislative solutions to meet the enormous challenges global 
warming poses to our Nation and our planet. I feel this bill helps 
address a somewhat overlooked, but key tool, to tackling this 
preeminent challenge facing our Nation.
  I am proud that Washington State is taking the lead on the issue of 
global climate change. While my State's contribution to global warming 
is relatively small--because we are fortunate enough to derive about 70 
percent of our electricity from inexpensive, emissions-free 
hydropower--global warming threatens to seriously impact our economy.
  Ironically, one of the primary impacts of global warming on the 
Pacific Northwest will be to change our rainfall patterns in a way that 
reduces the amount of water available for hydropower production.
  And these changes will not only harm electricity generation, they 
will also impact billions of dollars of economic infrastructure 
associated with irrigation systems, municipal water supplies, even ski 
resorts that depend on our historic snowfall patterns.
  Faced with these possibilities, we must ask several simple questions: 
What are we doing to prepare for these changes? How are predicted sea 
level rises being incorporated into shoreline restoration projects, 
siting of public infrastructure, or disaster response plans, among many 
other examples? What tools do we need to give Federal, State, and local 
decisionmakers to take climate change into account on long-term, 
multibillion-dollar decisions?
  Unfortunately, we don't have any answers.
  As we discovered when I held a hearing on ocean acidification as 
chair of the Oceans, Atmosphere, Fisheries and Coast Guard subcommittee 
last May, our Government is ill-equipped to plan for the consequences 
of global climate change. We simply lack the tools to develop the 
strategies we need to adapt.
  In August, the Government Accountability Office found that the 
Federal government is not providing Federal agencies with the proper 
tools or policy mandates to take climate change impacts into account in 
carrying out their responsibilities to manage public resources.
  In September, the National Academy of Sciences concluded there is a 
tremendous need to improve the delivery of climate change information 
to Federal, regional, and local levels so they can take climate change 
impacts into account in planning and managing resources.
  The reality is that even if we were somehow able to stop using fossil 
fuels today, a certain degree of warming and ocean acidification will 
still occur over the next 2 or 3 decades.
  While my top priority is to move our Nation to a clean energy system, 
we must face the fact that global warming is happening already, and it 
is only going to get worse.
  That is why I am pleased today to be introducing the Climate Change 
Adaptation Act--a bill to ensure that our government plans for the 
changes that global warming will inevitably bring. This bill will 
require the President to develop a national strategy for addressing the 
impacts that climate change will have on our natural resources. It

[[Page 31378]]

will also specifically require NOAA to conduct vulnerability 
assessments on the impacts of climate change on coastal and ocean 
resources, and to prepare adaptation plans for those resources.
  Planning for the future isn't just common sense--it's responsible 
government.
  This bill is complementary to several bills under consideration by 
the Commerce Committee on which I serve, including the Kerry-Snowe bill 
that was under discussion at a Commerce Committee hearing earlier 
today. Their bill contains many provisions I believe are vitally 
important--including language I authored with Senator Collins on the 
need for a program to study the threat of abrupt climate change. I'm 
also proud to work with Senator Lautenberg on legislation combating 
ocean acidification.
  I look forward to working with my colleagues to move all these 
critical bills out of the committee and through the Senate in the 
coming weeks.
  Mr. President, I ask unanimous consent that the full 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. 2355

       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 ``Climate Change Adaptation 
     Act''.

     SEC. 2. AMENDMENT OF NATIONAL CLIMATE PROGRAM ACT.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the National Climate Program Act (15 
     U.S.C. 2901 et seq.).

     SEC. 3. FINDINGS.

       Section 2 (15 U.S.C. 2601) is amended to read as follows:

     ``SEC. 2. FINDINGS.

       ``The Congress finds that--
       ``(1) weather, climate change, and climate variability 
     affect public safety, environmental services and security, 
     human health, agriculture, energy use, water resources, and 
     other factors vital to national security and human welfare;
       ``(2) the present rate of advance of national efforts in 
     research and development and the application of such advances 
     is inadequate to meet the challenges posed by observed and 
     projected rates of climate change and climate variability and 
     the increasing demand for information to guide planning and 
     response across all sectors;
       ``(3) the United States lacks adequate research, 
     infrastructure, and coordinated outreach and communication 
     mechanisms to meet national climate monitoring, prediction, 
     and decision support needs for adapting to and mitigating the 
     impacts of climate change and climate variability;
       ``(4) information regarding climate change and climate 
     variability is not being fully disseminated or used, and 
     Federal efforts have given insufficient attention to 
     assessing and applying this information;
       ``(5) climate change and climate variability occur on a 
     global basis making international cooperation essential for 
     the purpose of sharing the benefits and costs of a global 
     effort to understand and communicate these changes;
       ``(6) recent scientific reports by the Intergovernmental 
     Panel on Climate Change conclusively found that climate 
     change is occurring, and that impacts from climate change can 
     be expected in even shorter time periods than had been 
     previously predicted;
       ``(7) the Panel found that the resilience of many 
     ecosystems is likely to be exceeded this century by an 
     unprecedented combination of climate change, associated 
     disturbances such as flooding and drought, and other global 
     change drivers such as land-use change;
       ``(8) according to the Panel, approximately 20 to 30 
     percent of plant and animal species assessed so far are 
     likely to be at increased risk of extinction if increases in 
     global average temperature exceed 1.5 to 2.5 degrees Celsius;
       ``(9) the Panel also found that the progressive 
     acidification of oceans due to increasing atmospheric carbon 
     dioxide is expected to have negative impacts on marine shell-
     forming organisms, such as corals, and their dependent 
     species;
       ``(10) the Panel found that coasts will be exposed to 
     increasing risks, including coastal erosion, over coming 
     decades due to climate change and sea-level rise, and that 
     adaptation costs for vulnerable coasts are much less than the 
     costs of inaction;
       ``(11) in its September, 2007, study entitled Evaluating 
     Progress of the U.S. Climate Change Science Program: Methods 
     and Preliminary Results, the National Academy of Sciences 
     concluded that there is a tremendous need to improve the 
     delivery of information to decision makers at the Federal, 
     regional, and local levels on climate change impacts and to 
     take such impacts into account in planning and in managing 
     resources;
       ``(12) States and local communities may need Federal 
     assistance in developing and implementing strategies to 
     address the impacts of climate change;
       ``(13) in its August, 2007, report entitled Climate Change: 
     Agencies Should Develop Guidance for Addressing the Effects 
     on Federal Land and Water Resources, GAO-07-863, the 
     Government Accountability Office found that the Federal 
     government is not providing the National Oceanic and 
     Atmospheric Administration and other Federal agencies that 
     are responsible for managing natural resources with the 
     proper tools or policy mandates to take the impacts of 
     climate change into account in carrying out their 
     responsibilities to manage public resources;
       ``(14) the National Oceanic and Atmospheric Administration, 
     which plays a leading role in the Federal government's Global 
     Change Research Program, has a key role to play both in 
     predicting impacts of climate change on natural resources and 
     in improving the delivery of information critical to 
     adaptation and management to end users; and
       ``(15) the National Oceanic and Atmospheric Administration 
     has a key role to play in addressing the impacts of climate 
     change on our Nation's coastal areas and ocean resources.''.

     SEC. 4. DEFINITIONS.

       Section 4 (15 U.S.C. 2903) is amended by striking 
     paragraphs (1) and (2) and redesignating paragraphs (3) and 
     (4) as paragraphs (1) and (2).

     SEC. 5. NATIONAL CLIMATE PROGRAM ELEMENTS.

       Section 5 (15 U.S.C. 2904) is amended--
       (1) by striking ``subsection (d)(9);'' in subsection (b)(1) 
     and inserting ``section 6;'';
       (2) by striking subsections (c), (e), (f), and (g); and
       (3) by striking subsection (d) and inserting the following:
       ``(c) Program Elements.--
       ``(1) In general.--The Program shall include--
       ``(1) a strategic plan to address the impacts of climate 
     change within the United States; and
       ``(2) a National Climate Service to be established within 
     the National Oceanic and Atmospheric Administration.''.

     SEC. 6. NATIONAL CLIMATE STRATEGY.

       The Act is amended by striking sections 6 through 9 (15 
     U.S.C. 2905 et seq.) and inserting the following:

     ``SEC. 6. NATIONAL STRATEGIC PLAN FOR CLIMATE CHANGE 
                   ADAPTATION.

       ``(a) In General.--Not later than 2 years after the date of 
     enactment of the Climate Change Adaptation Act, the President 
     shall provide to the Congress a 5-year national strategic 
     plan to address the impacts of climate change within the 
     United States, to implement such strategy for Federally-
     managed resources and actions, and to provide information to 
     and coordinate with State and local governments and 
     nongovernmental entities to support similar efforts with 
     respect to non-Federal natural resources. The President shall 
     provide a mechanism for consulting with States and local 
     governments, the private sector, universities, and other 
     nongovernmental entities in developing the plan. The plan 
     shall be updated at least every 5 years.
       ``(b) Contents of Plan.--The plan shall, at a minimum--
       ``(1) identify existing Federal requirements, protocols, 
     and capabilities for addressing climate change impacts on 
     Federally managed resources and actions;
       ``(2) identify measures to improve such capabilities and 
     the utilization of such capabilities;
       ``(3) include protocols to integrate climate change impacts 
     into Federal agency actions and policies, consistent with 
     existing authorities;
       ``(4) address vulnerabilities and priorities identified 
     through the assessments carried out under the Global Change 
     Research Act of 1990 and this Act;
       ``(5) establish a mechanism for the exchange of information 
     related to addressing the impacts of climate change with, and 
     provide technical assistance to, State and local governments 
     and nongovernmental entities;
       ``(6) develop partnerships with State and local governments 
     and nongovernmental entities to support and coordinate 
     implementation of the plan;
       ``(7) include implementation and funding strategies for 
     short-term and long-term actions that may be taken at the 
     national, regional, State, and local level;
       ``(8) establish a process to develop more detailed agency 
     and department- specific plans;
       ``(9) identify opportunities to utilize remote sensing and 
     other geospatial technologies to improve planning for 
     adaptation to climate change impacts; and

[[Page 31379]]

       ``(10) identify existing legal authorities and additional 
     authorities necessary to implement the plan.
       ``(c) Agency-level Strategies.--
       ``(1) Agency plans.--Each department and agency of the 
     Executive Branch shall develop a detailed plan, based on the 
     national plan, for addressing climate change impacts with 
     respect to such department or agencies policies and actions, 
     within 1 year after the date that the plan is submitted under 
     subsection (b) and provide such plan to Congress.
       ``(2) Interim activities.--Nothing in this section shall be 
     understood to prevent any Federal agency or department to 
     take climate change impacts into account, consistent with its 
     existing authorities, until the plans are provided to 
     Congress and steps to implement such plans are taken.
       ``(d) Coordination.--The President shall ensure that the 
     mechanism to provide information related to addressing the 
     impacts of climate change to State and local governments and 
     nongovernmental entities is appropriately coordinated or 
     integrated with existing programs that provide similar 
     information on climate change predictions.
       ``(e) Relationship to Other Authorities.--Nothing in this 
     section shall supersede any Federal authority in effect on 
     the date of enactment of the Climate Change Adaptation Act.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated for each of fiscal years 2009 
     through 2013 $10,000,000 to carry out this section.

     ``SEC. 7. OCEAN AND COASTAL VULNERABILITY AND ADAPTATION.

       ``(a) Coastal and Ocean Vulnerability.--
       ``(1) In general.--Within 2 years after the date of 
     enactment of the Climate Change Adaptation Act, the Secretary 
     of Commerce shall, in consultation with the appropriate 
     Federal, State, and local governmental entities, conduct 
     regional assessments of the vulnerability of coastal and 
     ocean areas and resources to hazards associated with climate 
     change, climate variability, and ocean acidification 
     including--
       ``(A) sea level rise;
       ``(B) fluctuation of Great Lakes water levels;
       ``(C) increases in severe weather events;
       ``(D) storm surge;
       ``(E) rainfall;
       ``(F) flooding and inundation;
       ``(G) changes in sea ice;
       ``(H) changes in ocean currents impacting global heat 
     transfer;
       ``(I) increased siltation due to coastal erosion;
       ``(J) shifts in the hydrological cycle;
       ``(K) natural hazards, including tsunami, drought, flood, 
     and fire;
       ``(L) coral reef bleaching; and
       ``(M) alteration of ecological communities, including at 
     the ecosystem or watershed levels,
       ``(2) Updates.--The Secretary shall update such assessments 
     at least once every 5 years.
       ``(3) Regional coastal and ocean assessments.--In preparing 
     the regional coastal assessments, the Secretary shall take 
     into account the information and assessments being developed 
     pursuant to the Global Change Research Program. The regional 
     assessments shall include an evaluation of--
       ``(A) physical, biological, and ecological impacts, such as 
     coastal erosion, flooding and loss of estuarine habitat, 
     saltwater intrusion of aquifers and saltwater encroachment, 
     impacts on food web distribution, species migration, species 
     abundance, and changes in marine pathogens and diseases;
       ``(B) social impacts associated with threats to and 
     potential losses of housing, communities, and infrastructure; 
     and
       ``(C) economic impacts on local, State, and regional 
     economies, including the impact on abundance or distribution 
     of economically important living marine resources.
       ``(b) Coastal and Ocean Adaptation Plan.--The Secretary 
     shall, within 3 years after the date of enactment of the 
     Climate Change Adaptation Act, submit to the Congress a 
     national coastal and ocean adaptation plan, composed of 
     individual regional adaptation plans that recommend targets 
     and strategies to address coastal and ocean impacts 
     associated with climate change, ocean acidification, sea 
     level rise, and climate variability. The plan shall be 
     developed with the participation of other Federal, State, and 
     local government agencies that will be critical in the 
     implementation of the plan at the State and local levels and 
     shall take into account recommendations of the National 
     Science Board in its January 12, 2007, report entitled 
     Hurricane Warning: The Critical Need for a National Hurricane 
     Research Initiative and other relevant studies, and not 
     duplicate existing Federal and State hazard planning 
     requirements. The Plan shall recommend both short- and long-
     term adaptation strategies and shall include recommendations 
     regarding--
       ``(1) Federal flood insurance program modifications;
       ``(2) areas that have been identified as high risk through 
     mapping and assessment;
       ``(3) mitigation incentives such as rolling easements, 
     strategic retreat, State or Federal acquisition in fee simple 
     or other interest in land, construction standards, and 
     zoning;
       ``(4) land and property owner education;
       ``(5) economic planning for small communities dependent 
     upon affected coastal and ocean resources, including 
     fisheries;
       ``(6) coastal hazards protocols to reduce the risk of 
     damage to lives and property, and a process for evaluating 
     the implementation of such protocols;
       ``(7) strategies to address impacts on the most vulnerable 
     living marine resources;
       ``(8) proposals to integrate measures into the actions and 
     policies of the National Oceanic and Atmospheric 
     Administration;
       ``(9) a plan for additional research and development of 
     technologies and capabilities to address such impacts;
       ``(10) plans to pursue bilateral and multilateral 
     agreements necessary to effectively address such impacts;
       ``(11) partnerships with States and nongovernmental 
     organizations;
       ``(12) methods to mitigate the impacts identified, 
     including habitat restoration measures; and
       ``(12) funding requirements and mechanisms.
       ``(c) Technical Planning Assistance.--The Secretary, 
     through the National Oceanic and Atmospheric Administration, 
     shall establish a coordinated program to provide technical 
     planning assistance and products to coastal States and local 
     governments as they develop and implement adaptation or 
     mitigation strategies and plans. Products, information, tools 
     and technical expertise generated from the development of the 
     regional coastal and ocean assessments and the coastal and 
     ocean adaptation plans will be made available to coastal 
     States for the purposes of developing their own State and 
     local plans.
       ``(d) Coastal and Ocean Adaptation Grants.--
       ``(1) In general.--The Secretary shall provide grants of 
     financial assistance to coastal States with federally 
     approved coastal zone management programs to develop and 
     begin implementing coastal and ocean adaptation programs.
       ``(2) Allocation of funds.--The Secretary shall distribute 
     grant funds under paragraph (1) among coastal States in 
     accordance with the formula established under section 306(c) 
     of the Coastal Zone Management Act of 1972 (16 U.S.C. 
     1455(c)), adjusted in consultation with the States as 
     necessary to provide assistance to particularly vulnerable 
     coastlines.
       ``(3) Matching requirement.--The Secretary shall make 
     grants under paragraph (1) on a matching basis under which 
     the ratio of Federal to State funds is--
       ``(A) 4 to 1 in the first fiscal year;
       ``(B) 2.3 to 1 in the second fiscal year;
       ``(C) 2 to 1 in the third fiscal year; and
       ``(D) 1 to 1 thereafter.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary of Commerce for 
     Oceans and Atmosphere $35,000,000 for each of fiscal years 
     2009 through 2013 to carry out the provisions of this 
     section, of which $25,000,000 shall be available for grants 
     under subsection (d) for each of such fiscal years. Not more 
     than 75 percent of the amount available for grants under 
     subsection (d) for any fiscal year may be used for grants 
     relating to coastal impacts.''.

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