June 27, 2007 CONGRESSIONAL RECORD — SENATE S8613 (Mr. COCHRAN) was added as a cospon- eling the playing field for citizens with With the support of my colleagues, this sor of S. Res. 231, a resolution recog- disabilities. And while it has provided legislation will do just that. nizing the historical significance of necessary reforms in employment prac- Mr. KENNEDY. Mr. President, today Juneteenth Independence Day and ex- tices, this legislation has had little to we take one more giant step to open pressing the sense of the Senate that no effect on the rate of unemployment the workplace doors wider for people history should be regarded as a means experienced by individuals with severe with disabilities. The joining of busi- for understanding the past and solving disabilities. nesses, consumers, and the Congress is the challenges of the future. Even government-run programs such powerful—and we will pass this bill. I S. RES. 253 as the Javits-Wagner-O’Day Act or thank Senator ROBERTS for his vision At the request of Mr. LUGAR, the Randolph Shepard Act, have done little and leadership on this legislation. name of the Senator from Nebraska to improve this high unemployment In the winter of 1999, President Clin- (Mr. HAGEL) was added as a cosponsor rate. As our brave men and women ton signed the last bill of the millen- of S. Res. 253, a resolution expressing serving in uniform in Iraq and Afghani- nium into law at the FDR Memorial— the sense of the Senate that the estab- stan return, this problem will be com- it was the ‘‘Ticket to Work’’ Act. lishment of a Museum of the History of pounded. Many of our troops have been Hundreds of disabled people managed American Diplomacy through private disabled in the cause of protecting this through the snow to get to the memo- donations is a worthy endeavor. country, and it is incumbent upon us to rial that day, in hopes of finally being ensure that there are opportunities for of part of our Nation’s great economy. AMENDMENT NO. 1930 them in the workforce so that they can That law has made a big difference in At the request of Mr. COBURN, the regain a semblance of their lives back. giving disabled workers access to names of the Senator from Texas (Mr. It is time for a change in the way we health care by allowing them to work CORNYN), the Senator from Wyoming think about employing individuals and buy Medicaid—but securing actual (Mr. ENZI) and the Senator from North with severe disabilities. The goal employment has been a much harder Carolina (Mrs. DOLE) were added as co- should be to create job opportunities challenge. sponsors of amendment No. 1930 in- for the severely disabled in the na- Many of the nation’s ‘‘return to tended to be proposed to S. 1639, a bill tional workforce, not just in govern- work’’ programs are outdated and do to provide for comprehensive immigra- ment operated programs. not engage employers to hire disabled tion reform and for other purposes. The Employer Work Incentive Act workers to the fullest extent possible. f for Individuals with Severe Disabil- This legislation will expand opportu- STATEMENTS ON INTRODUCED ities, a bipartisan bill authored by Sen- nities for disabled workers and reward BILLS AND JOINT RESOLUTIONS ator KENNEDY and myself, creates these employers who are willing to do the opportunities while reducing depend- right thing: by paying disabled workers By Mr. ROBERTS (for himself, ence on Social Security disability in- a decent salary; by providing and con- Mr. KENNEDY, Ms. COLLINS, and surance. This legislation gives govern- tributing to the cost of their health Mr. LIEBERMAN): ment contract procurement advantages care insurance; and by placing workers S. 1702. A bill to promote employ- to those companies who employ signifi- in an environment where they can ment of individuals with severe disabil- cant percentages of individuals with work alongside their non-disabled ities through Federal Government con- disabilities in their workforce. friends and neighbors. tracting and procurement processes, Our goal is to employ at least 1 per- ADA has led to enormous societal and for other purposes; to the Com- cent of individuals with severe disabil- change. It has fundamentally altered mittee on Homeland Security and Gov- ities, or 94,000 people. In doing this, we how our society views disability, and ernmental Affairs. have the opportunity to save approxi- that change will be its most lasting Mr. ROBERTS. Mr. President, today mately $45 billion in Social Security and significant contribution. I rise for the purpose of introducing disability insurance over the next 10 But the ADA was also intended to ad- important legislation for the moral and years. dress the very real barriers to people fiscal posture of our great Nation: the I know firsthand how important indi- with disabilities looking for a job, a Employer Work Incentive Act for Indi- viduals with severe disabilities are to house, an education, and even a bus viduals with Severe Disabilities of 2007. our workforce. In my home State of ride—and we still have a lot of work to While there are obvious differences of Kansas, persons like my good friend, do to meet that promise. opinion on the state of the U.S. econ- Pat Terick, play an important role in This legislation is one positive step omy, the U.S. workforce is experi- local business. His agency, the Cerebral forward as we continue to fight for encing relatively low unemployment Palsy Research Foundation of Kansas, more opportunities for disabled people rates. The average hourly wage and has long advocated the importance of to go to work and contribute to their payroll employment levels are at an creating job opportunities for the se- communities. all-time high. As our economy has ex- verely disabled. This advocacy group, perienced a slow and steady rise, there located in Wichita, is dedicated to By Mr. BIDEN (for himself, Mr. is one sector of the population who has showing companies the advantages of SPECTER, Mr. ALEXANDER, Mr. been left behind. hiring individuals with disabilities. Our CARPER, Mr. CARDIN, Mr. COCH- The unemployment rate for the se- bill will be a powerful incentive for RAN, Mr. KENNEDY, Mr. KERRY, verely disabled is higher than it has businesses to enhance their workforce. Mr. LEVIN, and Mr. OBAMA): ever been. Despite previous efforts to I would like to thank Senator KEN- S. 1709. A bill to amend the National increase employment opportunities for NEDY for his leadership in helping to Underground Railroad Network to this population, the rate of unemploy- craft this bipartisan legislation. Spe- Freedom Act of 1998 to provide addi- ment has risen to 70 percent, that cial thanks to my longtime friend and tional staff and oversight of funds to means increasing the amount of citi- to a great Kansan and American, Sen- carry out the Act, and for other pur- zens relying on Social Security dis- ator Bob Dole, cochair of the One Per- poses; to the Committee on Energy and ability insurance. cent Coalition. With Bob’s remarkable Natural Resources. In 1982, the amount of payments dis- devotion to disability advocacy, it Mr. BIDEN. Mr. President, I rise tributed through Social Security dis- comes as no surprise that he is leading today to introduce, with my good ability insurance was $15.8 billion. In the effort to increase job opportunities friend and colleague from Pennsyl- 2004, that number climbed to $80.6 bil- for those individuals with severe dis- vania, Senator SPECTER, the Under- lion. According to a forecast by the So- abilities. ground Railroad Network Reauthoriza- cial Security trustees, the old age and It is time for a change in the way we tion Act of 2007. The original act, survivors insurance trust fund will last think about employing individuals signed into law in 1998, has increased until 2044, while the disability trust with severe disabilities. We must cre- public awareness of the Underground fund will be exhausted in 2029. ate job opportunities for the severely Railroad, a cornerstone in African- The Americans with Disabilities Act disabled in the national workforce, not American heritage and history, with was enacted in 1990 as a means of lev- just in government-operated programs. sites and programs in 28 States and the

VerDate Aug 31 2005 04:18 Jun 28, 2007 Jkt 059060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.052 S27JNPT1 hmoore on PRODPC68 with HMSENATE S8614 CONGRESSIONAL RECORD — SENATE June 27, 2007 District of Columbia. This is the only change the law to reflect this new un- tionate impact on the African Amer- national program dedicated to the derstanding. That is why, today, I am ican community. Eighty-two percent of preservation, interpretation and dis- introducing the Drug Sentencing Re- those convicted of crack offenses at the semination of underground railroad form & Cocaine Kingpin Trafficking Federal level are African American, history. I am pleased that we are Act of 2007, which eliminates this un- fueling the notion that the Federal co- joined in this effort by Senators ALEX- justified disparity in Federal cocaine caine sentencing scheme is unfair. ANDER, CARPER, CARDIN, COCHRAN, KEN- sentencing policy. There is widespread recognition that NEDY, KERRY, LEVIN and OBAMA. Back in 1986, when we wrote the law the current cocaine sentencing scheme Throughout this Nation there are that established the current sentencing is out of date and out of touch with re- sites in the underground railroad net- structure, crack was hitting our ality. There are others here in the Sen- work that, while still standing, have streets and communities like a storm. ate, on both sides of the aisle, who feel suffered structural damage. There are I remember one headline that I think the current cocaine sentencing policy also many sites that no longer house a summed it up. It read ‘‘New York City is unfounded. Like me, Senators SES- physical structure, but still are impor- Being Swamped by ‘Crack’; Authorities SIONS and HATCH have introduced legis- tant to recognize. A good example is Say They Are Almost Powerless to lation to reduce the disparity and I the Thomas Garrett House, located in Halt Cocaine.’’ That summer was want to congratulate them for their Wilmington in my home State of Dela- called ‘‘the summer of crack,’’ and we hard work and dedication to this issue. ware. The Garrett House was the last were inundated with horror stories As a matter of fact, when President station on the Underground Railroad about how this new form of smokeable Bush was asked about the longer sen- before the slaves reached freedom in cocaine was ravaging communities. We tences for crack cocaine, he said that Pennsylvania. It has been estimated were told that crack was instantly ad- the disparity, and I am quoting the that Garrett, a well known Quaker, dictive, prompting the expression, President here, ‘‘ought to be addressed helped more than 2,000 runaway slaves ‘‘Once on crack, you never go back.’’ by making sure the powder cocaine and escape from the Southern States. The We heard that it caused users to go on crack cocaine penalties are the same. I legislation being introduced today will violent rampages, was more harmful to don’t believe we ought to be discrimi- not only help pay to repair damaged babies than powder cocaine when used natory.’’ structures, but also to educate the gen- by mothers during pregnancy, and A slew of commentators, Federal eral public about those sites that are would lead to the disintegration of judges, Federal prosecutors, doctors, no longer in existence, like the Thomas inner-city communities. academics, social scientists, civil Garrett House. And in Congress, there was a feeling rights leaders, clergy, and others have The underground railroad network is of desperation that summer, a sense spoken out about the unwarranted dis- a special part of American history that that we had to give law enforcement parity between crack and powder co- we cannot afford to let slip away. This the power they needed to save neigh- caine sentences. legislation will preserve these invalu- borhoods being ravaged by this drug. And just last month, the U.S. Sen- able memorials and educational re- More than a dozen bills were intro- tencing Commission, a bipartisan panel sources by raising the authorization duced to increase the penalties for this comprised in large part of Federal level from $500,000 to $2.5 million. We form of cocaine, but because we knew judges who preside over cocaine cases, must move now to ensure that the so little about it, the proposals were all issued a report stating that the current brave acts of these individuals are pre- over the map. They ranged from the Federal cocaine sentencing scheme served for future generations to ob- Reagan administration’s proposal of a ‘‘continues to come under almost uni- serve and honor. 20-to-1 sentencing disparity between versal criticism from representatives A companion bill has already been in- crack and powder cocaine to a 1000-to- of the Judiciary, criminal justice prac- troduced in the House by Representa- 1 disparity proposed by Senator titioners, academics, and community tives, H.R. 1239, by Representative Lawton Chiles. I joined Senators BYRD interest groups.’’ ALCEE L. HASTINGS and my friend and and Dole in leading the effort to enact This is not the first time the Sen- colleague from Delaware, Representa- the Anti-Drug Abuse Act of 1986, which tencing Commission has urged reform. tive MIKE CASTLE. I hope both Cham- established the current 100-to-1 dis- In 1995, the Commission recommended bers move quickly to preserve this pre- parity. eliminating the crack/powder sen- cious history. Our intentions were good, but as fur- tencing disparity. Congress rejected It is my honor to ask my colleagues ther scientific and sociological study this proposal. As scientific under- here in the Senate to join me today in has shown, we got it wrong. standing of cocaine evolved, the supporting this bill so that this part of We now know that these initial as- Commisson urged Congress three more our Nation’s past will not be forgotten. sumptions about crack and powder co- times to address this problem. Yet Con- caine, which are just two forms of the gress did not act. We are long overdue By Mr. BIDEN: same drug, simply were not true. Sci- in heeding the call for reform. S. 1711. A bill to target cocaine king- entific evidence shows that crack does The Sentencing Cmission has pro- pins and address sentencing disparity not have unique, inherent properties vided us with a roadmap. In its most between crack and powder cocaine; to that make it instantly addictive. Ac- recent report, the Commission ‘‘unani- the Committee on the Judiciary. cording to the Journal of the American mously and strongly urge[d]’’ Congress Mr. BIDEN. Mr. President, 20 years Medical Association, ‘‘cocaine in any to: 1. Act swiftly to increase the ago, I helped write the law that estab- form produces the same physiological threshold quantities of crack necessary lished the current Federal cocaine sen- and subjective effects.’’ We also have to trigger the 5- and 10-year mandatory tencing scheme. Under this law, it learned that the dire predictions about minimum sentences, so that Federal takes 100 times more powder cocaine a generation of ‘‘crack babies’’ whose resources are focused on major drug than crack cocaine to trigger the 5- mothers used crack during pregnancy traffickers as intended in the original and 10-year mandatory minimum sen- have not proven true. The negative ef- 1986 legislation; and 2. repeal the man- tences. And mere possession of five fects of prenatal exposure to crack co- datory minimum penalty sentence for grams of crack, the weight of about caine and powder cocaine are identical. simple possession of crack, the only two sugar cubes, gets you the same 5- Furthermore, data that the U.S. Sen- controlled substance for which there is year mandatory minimum penalty as tencing Commission has collected show a mandatory minimum for a first time trafficking 500 grams of the powder that crack users rarely commit acts of offense of simple possession. The Sen- form of cocaine, which is equivalent to violence. Almost all crack-related vio- tencing Commission also unanimously about a 1 pound bag of sugar. lence is associated with trafficking, rejected any effort to increase the pen- The facts that informed our decision not with someone on a so-called crack- alties for powder since there is no evi- at the time have proved to be wrong, induced rampage. dence to justify any such upward ad- making the underlying cocaine sen- Looking back over more than 20 justment. tencing structure we created un- years, it is also clear that the harsh My bill implements all of these rec- founded and unfair. It is time to crack penalties have had a dispropor- ommendations.

VerDate Aug 31 2005 05:49 Jun 28, 2007 Jkt 059060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.041 S27JNPT1 hmoore on PRODPC68 with HMSENATE June 27, 2007 CONGRESSIONAL RECORD — SENATE S8615 Specifically, my bill will eliminate vent progression of many of these dis- I ask unanimous consent to have the current 100-to-1 disparity by in- orders if medical intervention can be printed in the RECORD letters of sup- creasing the 5-year mandatory min- started early enough. port. imum threshold quantity for crack co- I am proud to say that New York has There being no objection, the mate- caine to 500 grams, from 5 grams, and been a leader in newborn screening rial was ordered to be printed in the the 10-year threshold quantity to 5,000 since 1960 when Dr. Robert Guthrie de- RECORD as follows: grams, from 50 grams, while maintain- veloped the first newborn screening HUNTER’S HOPE, ing the current statutory mandatory test. Since then, more than 10 million Orchard Park, NY, June 25, 2007. minimum threshold quantities for pow- babies have been tested. In 2004, New Hon. HILLARY CLINTON, der cocaine. It will also eliminate the York expanded their newborn screening U.S. Senate, current 5-year mandatory minimum Washington, DC. program from 11 conditions to encom- DEAR SENATOR CLINTON: on behalf of the penalty for simple possession of crack pass 44 conditions. These improve- Hunter’s Hope Foundation, I respectively cocaine, the only mandatory minimum ments were the result of a concerted ef- submit this letter as our full and complete sentence for simple possession of a fort by State officials and parent advo- support for the bill titled ‘‘Screening for the drug by a first time offender. cacy groups like the Save Babies Health of Infants and Newborns (SHINE It also increases penalties for major through Screening Foundation and Act)’’. drug traffickers and provides addi- Hunter’s Hope Foundation. They share The Hunter’s Hope Foundation was estab- tional resources for the Federal agen- lished in 1997 by Pro Football Hall of Fame a common goal, that every child born member and former Buffalo Bills Quarter- cies that investigate and prosecute with a treatable disease should receive back, Jim Kelly, and his wife, Jill, after drug offenses. Furthermore, because I early diagnosis and lifesaving treat- their infant son, Hunter, was diagnosed with have always believed that the best ap- ment so that they can grow up as Krabbe (Crab a¯ ) Leukodystrophy, an inher- proach to fighting crime is a holistic healthy as possible. Today, we want to ited, fatal, nervous system disease. one that incorporates enforcement, ensure that the great strides made by The Foundation’s mission is to: increase prevention, and treatment, my bill au- New York can be a model for all States public awareness of Krabbe disease and other thorizes funds for prison- and jail-based leukodystrophies, support those afflicted and and that New York can continue to their families, identify new treatments, and drug treatment programs. make advancements that will benefit ultimately find a cure. My bill both remedies the historic in- the children of New York and around Since 1997, Cord Blood Transplant (CBT) justice in the current cocaine sen- the Nation. has become a viable treatment for Krabbe tencing laws and focuses Federal re- Newborn screening experts suggest disease as well as a few other sources on, and increases penalties for, States should test for minimum of 29 leukodystrophies. But, CBT is only effective the big fish, the major drug traffickers if the child is treated before the disease in- treatable core conditions. However, as flicts irreversible damage to the brain and and kingpins who drive the drug trade. of today, some States only screen for Unlike Federal powder cocaine offend- nervous system. There are many other treat- seven conditions. Every child should able diseases that if not treated early will ers, over half of Federal crack offend- have access to tests that may prevent cause irreversible damage. And, the number ers are low-level street dealers who them from a life threatening disease. of such diseases continues to increase with could and should be prosecuted at the This bill establishes grant programs so advancements in science and technology. We State level. States are better equipped that States can increase their capacity must establish an infrastructure in our coun- to handle these small-time dealers and to screen for all the core conditions. try that not only addresses the immediate users, and under my bill, these offend- need, but also creates a system for expan- Grant funds are also available for sion. The SHINE Act will accomplish this. ers would still be punished, without ex- States like New York to expand new- pending precious Federal resources. Hunter passed away August 5, 2005. Like born screening panels above and be- thousands of other children, if he had been Drug use is a serious problem, and I yond the core conditions by developing screened at birth, he may be living a healthy have long supported strong antidrug additional newborn screening tests. life today. Please help these children and legislation. But in addition to being We should expect equity within new- their families and pass this bill. We implore tough, our drug laws should be rational born screening so that it does not mat- you to expedite the passing and imple- and fair. My bill achieves the right bal- menting of this bill. With each day that ter where your baby is born. This legis- ance. We have talked about the need to passes, children are suffering and dying need- lation will establish recommended address this cocaine sentencing dis- lessly. guidelines for States for newborn Thank you from the bottom of our hearts. parity for long enough. It is time to screening tests, reporting, and data Sincerely, act. I hope that my colleagues will join standards. By tracking the prevalence JACQUE WAGGONER, with me to support this legislation. of diseases identified by newborn Board of Directors, Chair. screening within States, we will be able By Mrs. CLINTON: SAVE BABIES THROUGH SCREENING, to meet these goals and improve the S. 1712. A bill to amend the Public FOUNDATION, INC., Health Service Act to improve newborn long-term health of our children. Scarsdale, NY, June 25, 2007. screening activities, and for other pur- I hear from many parents how fright- Hon. HILLARY CLINTON, poses; to the Committee on Health, ening it is to have a sick child and to U.S. Senate, Education, Labor, and Pensions. not have a diagnosis. Many parents Washington, DC. spend years trying to find out what is DEAR SENATOR CLINTON: I am writing on Mrs. CLINTON. Mr. President, today behalf of the Save Babies Through Screening I am pleased to introduce the Screen- wrong with their child and feel help- Foundation to show our support for the ing for Health of Infants and Newborns less. This legislation will insure that Screening for Health of Infants and Act, also known as the SHINE Act. current information on newborn NEwborns (SHINE Act). As you know, our This legislation is critical for the screening is available and accessible to organization’s mission is to improve the health of newborns and children be- health providers and parents. The lives of babies by working to prevent disabil- cause we know that public education SHINE Act will provide interactive for- ities and early death resulting from dis- and early detection are two of the mats through the Maternal Child orders detectable through newborn screen- Health Bureau of the Health Services ing. Our organization was founded in 1998 and greatest weapons we have in the battle is the only organization solely dedicated to against early childhood disorders. and Resources Administration so that raising awareness in regard to newborn Each year in our Nation, at least 4 parents and providers can ask ques- screening. million newborns are screened for se- tions and receive answers about new- We believe that this bill will greatly en- vere disorders, with 5,000 newborns di- born screening test, diagnosis, follow- hance the expansion of newborn screening agnosed as a result. Although these up and treatment. throughout the United States and will save numbers may seem small, these dis- Early treatment can prevent nega- the lives of thousands of babies—our tiniest orders are often life threatening and tive and irreversible health outcomes citizens. Additionally, this will spare Par- ents the agonizing pain of watching their can cause serious mental and physical for affected newborns. We should be children suffer as I can attest to firsthand. disabilities if left untreated. Early de- doing all we can to give every child With the great expansion of newborn screen- tection by newborn screening can less- born in our country the opportunity for ing, children will be able to live healthy and en these illnesses, or completely pre- a happy and healthy life. productive lives.

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We thank you for your vision and hard According to the latest March of Dimes AMERICAN COLLEGE OF work. Nobody should suffer the loss or im- Newborn Screening Report Card, nearly two- MEDICAL GENETICS, pairment of a child when there are tests and thirds of all babies born in the United States Bethesda, MD, June 27, 2007. treatment available and this bill will put an this year will be screened for more than 20 Re Screening for Health of Infants and end to future suffering. Please feel free to life-threatening disorders. However, dispari- Newborns (SHINE) Act. contact me if we can be of any assistance. ties in state newborn screening programs Hon. HILLARY RODHAM CLINTON, Regards, mean some babies will die or develop brain U.S. Senate, JILL LEVY-FISCH, damage or other severe complications from Washington, DC. President. these disorders because they are not identi- DEAR SENATOR CLINTON: I am writing in fied in time for effective treatment. reference to the SHINE Act, a bill that your FOD FAMILY SUPPORT GROUP, At present, the United States lacks con- office will introduce into the Senate immi- Okemos, MI, June 26, 2007. sistent national guidelines for newborn nently to ensure the health and quality of TO WHOM IT MAY CONCERN: As Founder and screening, and each state decides how many life of all newborns in the United States by Director of an international Family Support and which screening tests are required for providing resources to further improve the Group for rare metabolic disorders called every baby. As a result, only 9 percent of all capacity and quality of newborn screening Fatty Oxidation Disorders (many of which babies are screened for all of the 29 rec- programs. The American College of Medical can be screened for at birth, as well as many ommended conditions. Clearly it is a wise in- Genetics (ACMG), which represents approxi- other metabolic disorders), I strongly en- vestment to take full advantage of the infor- mately 1400 medical geneticists who com- dorse the Screening for Health of Infants and mation available to detect treatable condi- prise the workforce that cares for these pa- Newborns Act (SHINE Act of 2007) that Sen- tions in children. tients and their families, as well as houses ator Clinton originally introduced on Feb- We commend you for your leadership on the National Coordinating Center for the Re- ruary 15, 2007. It would greatly enhance the this most important issue and look forward gional Genetic and Newborn Screening Serv- lives of many families in our country. to working with you and your colleagues to ices Collaboratives, appreciates that you My family, and many others in our Group, have acknowledged our ongoing roles in the has experienced the tragedy of not having secure passage of this legislation. Sincerely, development of newborn screening programs the awareness/education of, screening for, in the United States. ACMG is fully sup- and short- and long-term followup treatment LARRY LEVINE, President. portive of the bill and recognizes the impor- for an FOD. Our daughter, Kristen, died sud- tance of each of the areas it addresses. New- JUDITH WIENER GOODHUE, denly at the age of 21 months. Fortunately, born screening programs have always rep- Vice Chair, Board of by the time our 2nd child was born, we had resented a unique partnership between public Trustees, Chair, become aware of these rare disorders and had health and private healthcare and as such, Government Rela- Kevin tested at birth—he is now a healthy, they require a high degree of coordination, tions Committee. active, and soon-to-be college graduate. If it collaboration and communication, as recog- wasn’t for the newborn screening and follow- nized by this bill. Likewise, surveillance and up treatment for MCAD, Kevin would have MARCH OF DIMES, data collection are pivotal to harnessing new died when he had his 1st illness at 6 months Washington, DC, March 5, 2007. developments in the areas of diagnostics and of age. Hon. HILLARY CLINTON, therapeutics. I wholeheartedly endorse all parts of the U.S. Senate, We are pleased that you have recognized bill that will help educate and create aware- Washington, DC. this important public health program and ness of these many disorders (and more in DEAR SENATOR CLINTON: On behalf of more have sought positive activities to improve it. the future) for families and professionals than 3 million volunteers and 1400 staff mem- If there is anything we can do to further the across our country. Many aspects of the bill bers of the March of Dimes, I am writing to goals of this legislation, please feel free to mirror our Group’s foundation and mission— thank you for introducing the ‘‘Screening for contact us. to create awareness about FODs, to educate Health of Infants and Newborns Act’’ or the Sincerely, the public, to network and support FOD fam- ‘‘SHINE Act.’’ We understand the purpose of MICHAEL S. WATSON, ilies and professionals around the world, to this legislation would be to authorize grant Executive Director. provide ongoing education and information programs to support state efforts to expand JUDITH L. BENKENDORF, about metabolic disorders, to inform fami- the number of conditions for which newborns Project Manager. lies and the public of new developments in are screened and to improve dissemination of screening, diagnosis, research and treatment educational resources to healthcare profes- Mr. KERRY (for himself and Ms. (I also endorse assisting in covering for- sionals and the public. SNOWE): mulas, drugs, supplements etc), and to advo- As you may know, the March of Dimes S. 1714. A bill to establish a multi- cate expanded universal and comprehensive president served on the steering committee agency nationwide campaign to edu- newborn screening and long-term follow-up that developed the American College of Med- cate small business concerns about treatment for FODs and other related meta- ical Genetics recommendation that every health insurance options available to bolic disorders. baby born in the United States be screened Please pass this bill for the benefit of children; to the Committee on Small for a ‘core’ set of twenty-nine treatable dis- Business and Entrepreneurship. many infants and families! orders, including certain metabolic condi- Take Care, Mr. KERRY. Mr. President, in the tions and hearing deficiency. The March of coming weeks, the Finance Committee DEB LEE GOULD, Dimes has endorsed this recommendation be- Director. cause early detection and treatment of these will meet to consider legislation to re- disorders can avert lifelong disabilities (in- authorize the vitally important State JUNE 25, 2007. cluding mental retardation), other serious Children’s Health Insurance Program, Hon. HILLARY RODHAM CLINTON, illnesses and even death. Parents are often S–CHIP. The legislation that comes U.S. Senate, unaware that the number and quality of Washington, DC. through committee will represent this newborn screening varies from state to state DEAR SENATOR CLINTON: We are pleased to Congress’s first opportunity to make a write this letter of support for the Screening and while newborns are regularly screened loud and clear statement regarding the for Health of Infants and Newborns Act of and treated for debilitating conditions in importance of children’s health as a 2007. We commend you for your leadership in some states, in others, screening may not be national priority. calling for a uniform and comprehensive na- required and conditions may go undiagnosed and untreated. As a member of the Finance Com- tional approach to screening newborns for mittee, I am focused on one goal: to in- the full panel of core conditions rec- Federal guidance and incentives for states to improve their newborn screening pro- sure each and everyone of the 11 mil- ommended by the American College of Med- lion kids under the age of 21 who are ical Genetics and endorsed by the American grams are sorely needed and the ‘‘SHINE Academy of Pediatrics. If diagnosed early, Act’’ will go a long way to enhancing the ca- uninsured today, while making sure these disorders, including metabolic and pacity of states to expand their programs that no other kids slip through the hearing deficiency, can be managed or treat- and to provide much needed educational ma- cracks. The first bill I introduced in ed to prevent severe consequences. terials to families via the internet. this Congress, S. 95, the Kids Come As a hospital which provides a wide array We at the March of Dimes are sincerely First Act, would accomplish just that. of services to children with special health grateful for your leadership on this issue and Because the Bush administration and care needs, we know how important early de- we look forward to working with you and previous Republican Congresses have tection and treatment of conditions can be. others Members of Congress to expand fed- played fast and loose with our Nation’s We were particularly pleased to see the pro- eral support for newborn screening. visions of this legislation which provide for a Sincerely, finances, today we face an enormous Central Clearinghouse of current educational MARINA L. WEISS, budget deficit. The unfortunate reality and family support information, critical to Senior Vice President, Public Policy & is that we may not be able to accom- assuring a national standard of care. Government Affairs. plish all of the goals set forth in Kids

VerDate Aug 31 2005 05:49 Jun 28, 2007 Jkt 059060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.105 S27JNPT1 hmoore on PRODPC68 with HMSENATE June 27, 2007 CONGRESSIONAL RECORD — SENATE S8617 Come First. But the Democratic Con- I thank Senator SNOWE for our long- dren’s Health Insurance Program established gress is committed to doing everything standing partnership on issues critical under title XXI of the Social Security Act in our power to expand health coverage to America’s small business owners, (42 U.S.C. 1397aa et seq.); to children this year. and for her work on this legislation. I (9) the term ‘‘task force’’ means the task Much of our efforts will be focused on urge my colleagues to support this bill. force established under section 4(a); and (10) the term ‘‘women’s business center’’ S–CHIP reauthorization. But there are I ask unanimous consent that the means a women’s business center described additional steps we can take to begin text of the bill be printed in the in section 29 of the Small Business Act (15 to address this problem. The Small RECORD. U.S.C. 656). Business Children’s Health Education There being no objection, the text of SEC. 4. ESTABLISHMENT OF TASK FORCE. Act, which I am introducing today the bill was ordered to be printed in (a) ESTABLISHMENT.—There is established a with Senator SNOWE, represents one of the RECORD, as follows: task force to conduct a nationwide campaign those steps. S. 1714 of education and outreach for small business In February of 2007, the Urban Insti- Be it enacted by the Senate and House of Rep- concerns regarding the availability of cov- tute reported that among those eligible resentatives of the United States of America in erage for children through private insurance for the State Children’s Health Insur- Congress assembled, options, the Medicaid program, and the State Children’s Health Insurance Program. ance Program, children whose families SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Small Busi- (b) MEMBERSHIP.—The task force shall con- are self-employed or who work for ness Children’s Health Education Act of sist of the Administrator, the Secretary of small business concerns are far less 2007’’. Health and Human Services, the Secretary of likely to be enrolled. Specifically, one SEC. 2. FINDINGS. Labor, and the Secretary of the Treasury. out of every four eligible children with Congress finds that— (c) RESPONSIBILITIES.—The campaign con- parents who work for a small business (1) nearly 2,000,000 of the 9,000,000 uninsured ducted under this section shall include— or who are self-employed are not en- children in the United States are currently (1) efforts to educate the owners of small rolled. This statistic compares with eligible for the State Children’s Health In- business concerns about the value of health surance Program based on their family in- coverage for children; just 1 out of every 10 eligible children come, but are not enrolled; (2) information regarding options available whose parents work for a large firm. (2) nearly 4,000,000 uninsured children ap- to the owners and employees of small busi- We need to do a better job of inform- pear to be eligible for Medicaid, but remain ness concerns to make insurance more af- ing and educating America’s small uninsured; fordable, including Federal and State tax de- business owners and employees of the (3) the State Children’s Health Insurance ductions and credits for health care-related options that may be available for cov- Program appears to reach only 69 percent of expenses and health insurance expenses and ering uninsured children. To that ef- its target population; Federal tax exclusion for health insurance fect, the Small Business Children’s (4) according to a study conducted by the options available under employer-sponsored Health Education Act creates an inter- Urban Institute in February, 2007, among cafeteria plans under section 125 of the Inter- those eligible for the State Children’s Health nal Revenue Code of 1986; governmental task force, consisting of Insurance Program, children whose families (3) efforts to educate the owners of small the Administrator of the Small Busi- are self-employed or who work for small business concerns about assistance available ness Administration, the Secretary of business concerns are far less likely to be en- through public programs; and Health and Human Services, the Sec- rolled in that program, specifically that 1 (4) efforts to educate the owners and em- retary of Labor and the Secretary of out of every 4 eligible children with parents ployees of small business concerns regarding Treasury, to conduct a campaign to en- who work for a small business concern or are the availability of the hotline operated as roll kids of small business employees self employed are not enrolled, compared part of the Insure Kids Now program of the who are eligible for S–CHIP and Med- with 1 out of 10 eligible children whose par- Department of Health and Human Services. ents work for a large firm who are not en- (d) IMPLEMENTATION.—In carrying out this icaid but are not currently enrolled. To rolled; and section, the task force may— educate America’s small businesses on (5) the Federal Government can improve (1) use any business partner of the Admin- the availability of S–CHIP and Med- the lives of uninsured families eligible for istration, including— icaid, the task force is authorized to the State Children’s Health Insurance Pro- (A) a small business development center; make use of the Small Business Admin- gram through increasing awareness of the (B) a certified development company; istration’s business partners, including availability, eligibility, and enrollment proc- (C) a women’s business center; and the Service Corps of Retired Execu- ess for the State Children’s Health Insurance (D) the Service Corps of Retired Execu- tives, the Small Business Development Program (and other private options for tives; health insurance) among owners of small (2) enter into— Centers, Certified Development Compa- business concerns. (A) a memorandum of understanding with nies, and Women’s Business Centers, SEC. 3. DEFINITIONS. a chamber of commerce; and and is authorized to enter into memo- In this Act— (B) a partnership with any appropriate randa of understanding with chambers (1) the terms ‘‘Administration’’ and ‘‘Ad- small business concern or health advocacy of commerce across the country. ministrator’’ means the Small Business Ad- group; and Additionally, the Small Business Ad- ministration and the Administrator thereof, (3) designate outreach programs at re- ministration is directed to post S–CHIP respectively; gional offices of the Department of Health and Medicaid eligibility criteria and (2) the term ‘‘certified development com- and Human Services to work with district of- enrollment information on its website, pany’’ means a development company par- fices of the Administration. ticipating in the program under title V of (e) WEBSITE.—The Administrator shall en- and to report back to the Senate and the Small Business Investment Act of 1958 sure that links to information on the eligi- House Committees on Small Business (15 U.S.C. 695 et seq.); bility and enrollment requirements for the regarding the status and successes of (3) the term ‘‘Medicaid program’’ means Medicaid program and State Children’s the task force’s efforts to enroll eligi- the program established under title XIX of Health Insurance Program of each State are ble kids. the Social Security Act (42 U.S.C. 1396 et prominently displayed on the website of the If you believe that we should be seq.); Administration. doing everything in our power to get (4) the term ‘‘Service Corps of Retired Ex- (f) REPORT.— every kid in this country insured, then ecutives’’ means the Service Corps of Retired (1) IN GENERAL.—Not later than 2 years this proposal is a no-brainer. It is esti- Executives authorized by section 8(b)(1) of after the date of enactment of this Act, and the Small Business Act (15 U.S.C. 637(b)(1)); every 2 years thereafter, the Administrator mated that 6 million of the 9 million (5) the term ‘‘small business concern’’ has shall submit to the Committee on Small uninsured children living in the United the meaning given that term in section 3 of Business and Entrepreneurship of the Senate States are currently eligible for S– the Small Business Act (15 U.S.C. 632); and the Committee on Small Business of the CHIP and Medicaid. These are kids who (6) the term ‘‘small business development House of Representatives a report on the sta- already meet the criteria for coverage, center’’ means a small business development tus of the nationwide campaign conducted we just need to get the word to their center described in section 21 of the Small under subsection (a). parents and to their parents’ employers Business Act (15 U.S.C. 648); (2) CONTENTS.—Each report submitted that they are eligible. Ultimately, this (7) the term ‘‘State’’ has the meaning under paragraph (1) shall include a status up- given that term for purposes of title XXI of date on all efforts made to educate owners is about priorities. I believe that the the Social Security Act (42 U.S.C. 1397aa et and employees of small business concerns on richest country on earth should not seq.); options for providing health insurance for rest until all of our children are as safe (8) the term ‘‘State Children’s Health In- children through public and private alter- and as healthy as they can possibly be. surance Program’’ means the State Chil- natives.

VerDate Aug 31 2005 05:25 Jun 28, 2007 Jkt 059060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.053 S27JNPT1 hmoore on PRODPC68 with HMSENATE S8618 CONGRESSIONAL RECORD — SENATE June 27, 2007 By Ms. SNOWE (for herself, Mr. ment, creating disability and resulting among the general population, those in KERRY, Mr. SMITH, Mr. BIDEN, in lives needlessly lost. need for treatment often do not seek it Ms. COLLINS, and Mr. REED): Our bill will eliminate the barrier to because they are ashamed of their con- S. 1715. A bill to amend title XVIII of access which the present discrimina- dition. Among our Medicare popu- the Social Security Act to eliminate tory copayment imposes, by phasing lation, the mentally ill face a double discriminatory copayment rates for out the disparate payment policy over burden: not only must they overcome outpatient psychiatric services under a 6-year period. This will lower the co- the stigma about their illness, but once the Medicare program; to the Com- payment rate for mental health serv- they seek treatment they must pay mittee on Finance. ices from the current 50 percent to the one-half of the cost of care out of their Ms. SNOWE. Mr. President, I rise to standard 20 percent. This means that, own pocket. The Medicare Mental introduce the Medicare Mental Health in 2013, patients seeking outpatient Health Copayment Equity Act will pro- Copayment Equity Act of 2007. I am treatment for mental illness will pay vide for the reduction of the coinsur- pleased to be joined again this year by the same 20 percent copayment that is ance rate for outpatient mental health my colleague from Massachusetts, Sen- required of Medicare patients today services over a 6-year period. By apply- ator KERRY. Since the 107th Congress, who receive outpatient treatment for ing the same 20 percent copayment Senator KERRY has worked tirelessly other illnesses. Our bill creates ‘‘copay- rate to mental health services to which with me to address the problem of men- ment equity’’ for Medicare mental all other outpatient services are sub- tal health care parity. Today, we unite health services. It is time to end the jected, the Medicare Mental Health Co- yet again to achieve equality between distinction between physical and men- payment Equity Act will bring parity mental and physical health services tal disorders under Medicare. to the Medicare Program and improve under Medicare. I urge my colleagues to join with access to care for our senior and dis- Mental illness ranks as the second Senator KERRY and myself in sup- abled beneficiaries who are living with leading reason that Americans lose porting the Medicare Mental Health mental illness. healthy years of life to premature Copayment Equity Act of 2007 for equal death or disability. The occurrence of treatment of mental health services By Mr. THUNE: mental illness among older adults is under Medicare. S. 1716. A bill to amend the U.S. widespread, with nearly one in five Mr. KERRY. Mr. President, I am Troop Readiness, Veterans’ Care, Americans aged 55 and older experi- pleased to join my colleague Senator Katrina Recovery and Iraq Account- encing specific disorders that are not a SNOWE in once again introducing the ability Appropriations Act, 2007, to part of normal aging. In fact, older Medicare Mental Health Copayment strike a requirement relating to forage Americans have the highest rate of sui- Equity Act of 2007. This legislation will producers; to the Committee on Agri- cide in the country, and their risk in- establish mental health care parity in culture, Nutrition, and Forestry. creases with age, and is further exacer- the Medicare Program. Mr. THUNE. Mr. President, I rise bated by impediments to treatment. Medicare currently requires patients today to introduce a bill that seeks to It is critical to note that while Medi- to pay a 20 percent copayment for all fix a potentially devastating mistake care is often viewed as health insur- Part B services except mental health in the U.S. Troop Readiness, Veterans’ ance for people over age 65, it also pro- care services, for which patients are as- Care, Katrina Recovery, and Iraq Ac- vides care for those with severe disabil- sessed a 50 percent copayment. Thus, countability Appropriations Act of ities. In fact, mental disorders are the under the current system, if a Medicare 2007, Public Law No. 110–28. single most frequent cause of dis- patient sees an endocrinologist for dia- In May 2007, Congress passed H.R. ability, affecting more than one out of betes treatment, an oncologist for can- 2206, which included much-needed dis- four Medicare beneficiaries. So the cer treatment, a cardiologist for heart aster assistance for our Nation’s farm- problem of access to mental health disease treatment or an internist for ers and ranchers. After much delay, it treatment is a pressing one for Medi- treatment of the flu, the copayment is is critical that those producers im- care. 20 percent of the cost of the visit. If, pacted by natural disasters receive the The good news is that, today, there however, a Medicare patient visits a assistance they need and deserve. are increasingly effective treatments psychiatrist for treatment of mental Over the past few years, drought con- for mental illness. The majority of peo- illness, the copayment is 50 percent of ditions and other natural disasters ple with mental disorders who receive the cost of the visit. This disparity in have financially strained tens of thou- proper treatment can lead productive outpatient copayment represents bla- sands of agriculture producers across lives. tant discrimination against Medicare the country. Congress has responded to Yet Medicare pays far less for critical beneficiaries with mental illness. the needs of America’s producers by en- mental health services needed by these The prevalence of mental illness in acting emergency disaster assistance beneficiaries than it does for medical older adults is considerable. According for our farm and ranch families. treatment for physical disabilities. to the U.S. Surgeon General, 20 percent However, it has been brought to my Medicare beneficiaries typically pay 20 of older adults in the community and attention that many livestock pro- percent of the cost of covered out- 40 percent of older adults in primary ducers will likely be ineligible for as- patient services, including doctor’s vis- care settings experience symptoms of sistance due to an unintended techni- its, and Medicare pays the remaining 80 depression, while as many as one out of cality. Congress clearly intended dis- percent. However, this does not apply every two residents in nursing homes aster assistance to be available to to outpatient mental health services; are at risk of depression. The elderly those producers most impacted by here Medicare law imposes a special have the highest rate of suicide in the years of devastating weather condi- limitation, which requires patients to U.S., and there is a clear correlation tions. This assistance includes live- pay a much higher copayment of 50 between major depression and suicide: stock producer eligibility for Livestock percent. 60 to 75 percent of suicides among pa- Indemnity Payments and Livestock Let me give an example of the cur- tients 75 and older have diagnosable de- Compensation Program without par- rent disparity in copayments. If a pression. In addition to our seniors, ticipation in the Non-Insured Crop Dis- Medicare patient sees a doctor in an of- hundreds of thousands of nonelderly aster Assistance program, NAP, or fice for treatment of cancer, heart dis- disabled Medicare beneficiaries become Federal crop insurance pilot program ease, or the flu, the patient must pay Medicare-eligible by virtue of severe as a prerequisite. 20 percent of the fee for the visit. Yet and persistent mental disorders. To However, it is my understanding that if a Medicare patient sees a psychia- subject the mentally disabled to dis- the Department of Agriculture will in- trist, psychologist, social worker, or criminatory costs in coverage for the terpret section 9012 of Public Law 110– other professional in an office for very conditions for which they became 28 as Congress intending that all live- treatment of depression, schizophrenia, Medicare eligible is illogical and un- stock producers must have NAP or or any other type of mental illness, the fair. pilot crop insurance coverage in order patient must pay 50 percent of the fee. There is ample evidence that mental to be eligible for disaster payments. If That impedes critically-needed treat- illness can be treated. Unfortunately, disaster benefits are limited to only

VerDate Aug 31 2005 04:18 Jun 28, 2007 Jkt 059060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.068 S27JNPT1 hmoore on PRODPC68 with HMSENATE June 27, 2007 CONGRESSIONAL RECORD — SENATE S8619 those livestock producers with NAP or The beetle was first discovered in would incur costs that are difficult to crop insurance coverage, the vast ma- Michigan in 2002. Since then, the beetle measure. Homeowners deeply love their jority of livestock producers in has killed 20 million of the State’s trees and value the shade and aesthetic drought-stricken regions will be ineli- more than 700 million ash trees. Since beauty they add. Ash trees are a part of gible for disaster assistance. then, the beetle has been found in Indi- our wildlife habitat and diverse envi- Only a small percentage of producers ana, Ohio, and Maryland. The tiny bee- ronment. participated in the NAP program, tle kills with astonishing speed. During In my State of Illinois, the beetle has which only paid $1 to $2 per acre. As a the mating season, the ash borer lays been found in multiple locations, in result, few grazing producers bought its larva under the bark of the ash several parts of both Kane County and policies. It is not good policy to ex- trees. When they hatch, hundreds of Cook County. Experts say that un- clude producers from disaster assist- these beetles feed on the inner bark of checked, this beetle could threaten ash ance who chose not to participate in the ash tree, disrupting the tree’s abil- trees nationwide on a scale equal to what many consider an ineffective pro- ity to transport water and nutrients the Dutch Elm Disease, which de- gram. through the tree. stroyed more than half of the elm trees My legislation would strike section Within 2 to 3 years of introduction, in the northern United States. 9012 of Public Law 110–28, and ensure the beetles will destroy a host ash tree It is a problem of significant mag- that those producers in need of assist- and spread. Each beetle has a half mile nitude and I hope my colleagues will ance receive assistance in a timely flying range, widening the beetle’s in- join me in this effort to control and manner. festation every year in expanding con- eradicate the Emerald Ash Borer. It is my belief that both the Senate centric circles. The beetle is also Mr. President, I ask unanimous con- and the House of Representatives spread artificially and often unknow- sent that the text of the bill be printed should pass my bill to ensure that live- ingly by campers and others who trans- in the RECORD. stock producers are able to qualify for port ash firewood and thus introduce There being no objection, the text of the disaster assistance that President the beetle to new environments. the bill was ordered to be printed in Bush signed into law earlier this year. Managing this deadly beetle is a sig- the RECORD, as follows: nificant challenge. At an average cost S. 1717 By Mr. DURBIN (for himself, Mr. of $500 per tree removal and a couple of Be it enacted by the Senate and House of Rep- LUGAR, Mr. OBAMA, Mr. BROWN, hundred dollars to replant a tree to resentatives of the United States of America in Mr. CARDIN, Mr. LEVIN, and Ms. maintain forest and urban canopies, Congress assembled, STABENOW): this bug presents a serious economic SECTION 1. SHORT TITLE. S. 1717. A bill to reqire the Secretary impact on our communities. Additional This Act may be cited as the ‘‘Emerald Ash of Agriculture, acting through the Dep- costs are incurred for equipment, mar- Borer Municipality Assistance Act of 2007’’. uty Chief of State and Private Forestry shalling yards, and survey activities. SEC. 2. EMERALD ASH BORER REVOLVING LOAN FUND. organization, to provide loans to eligi- While the Federal Government ad- (a) DEFINITIONS.—In this section: ble units of local government to fi- ministers a national EAB program (1) AUTHORIZED EQUIPMENT.— nance purchases of authorized equip- through USDA-APHIS, many of the (A) IN GENERAL.—The term ‘‘authorized ment to monitor, remove, dispose of, costs of managing EAB are borne by equipment’’ means any equipment necessary and replace infested trees that are lo- municipalities and homeowners. For for the management of forest land. cated on land under the jurisdiction of example, the city of Woodridge, IL, a (B) INCLUSIONS.—The term ‘‘authorized the eligible units of local government town of 30,000, is home to 8,000 public equipment’’includes— and within the borders of quarantine trees, 25 percent of which are ash. If (i) cherry pickers; areas infested by the emerald ash (ii) equipment necessary for— the Emerald Ash Borer were to infest (I) the construction of staging and mar- borer, and for other purposes; to the the public-owned ash trees of shalling areas; Committee on Agriculture, Nutrition, Woodridge, the cost of removing and (II) the planting of trees; and and Forestry. replanting Woodridge’s trees would be (III) the surveying of forest land; Mr. DURBIN. Mr. President, I rise about $1.8 million. (iii) vehicles capable of transporting har- today to introduce the bipartisan Em- One of the missing pieces in the Fed- vested trees; erald Ash Borer Municipality Assist- eral Emerald Ash Borer, EAB, Program (iv) wood chippers; and ance Act of 2007, a bill designed to help is a mechanism to help municipalities (v) any other appropriate equipment, as de- local units of government manage the defray the costs of performing EAB termined by the Secretary. (2) FUND.—The term ‘‘Fund’’ means the costs of combating this pernicious prevention duties normally performed Emerald Ash Borer Revolving Loan Fund es- invasive pest species. by the Federal Government. These tablished by subsection (b). Although some of my colleagues in costs include managing the EAB popu- (3) SECRETARY.—The term ‘‘Secretary’’ the Senate may not have heard of the lation by surveying trees, removing in- means the Secretary of Agriculture, acting Emerald Ash Borer, it is a destructive fested trees, and replacing removed through the Deputy Chief of the State and pest that poses a significant threat to trees. The expenses associated with Private Forestry organization. our forests and urban and residential these activities include purchasing (b) ESTABLISHMENT OF FUND.—There is es- landscapes. tablished in the Treasury of the United bucket trucks, tub grinders, and re- States a revolving fund, to be known as the Some of my colleagues are all too fa- placement trees and renting or leasing ‘‘Emerald Ash Borer Revolving Loan Fund’’, miliar with the destructive power of space for marshalling yards. consisting of such amounts as are appro- EAB because of the speed with which it The legislation would create a low- priated to the Fund under subsection (f). can move from State to State and the interest revolving loan fund for com- (c) EXPENDITURES FROM FUND.— extensive damage it can cause to a munities for the purchase of capital (1) IN GENERAL.—Subject to paragraph (2), State’s ash tree population. Before this equipment and replacement trees with- on request by the Secretary, the Secretary of species was discovered in Illinois, I had in quarantine areas. Communities the Treasury shall transfer from the Fund to been following its deadly march across would have a 20-year window to repay the Secretary such amounts as the Secretary determines are necessary to provide loans the Midwest and had discussed the dan- the loan. In addition, the bill would under subsection (e). gers of EAB with my colleagues from allow states to contract with local (2) ADMINISTRATIVE EXPENSES.—An amount Michigan and Indiana. units of government to perform EAB not exceeding 10 percent of the amounts in The emerald-green beetle was most duties. the Fund shall be available for each fiscal likely brought to North America in Ash trees are among the most com- year to pay the administrative expenses nec- solid wood packing material from Asia monly found trees in our forests and essary to carry out this section. about 10 years ago. Our new flat world urban canopies. Wisconsin is home to (d) TRANSFERS OF AMOUNTS.— means that in addition to improved more than 700 million of them. They (1) IN GENERAL.—The amounts required to be transferred to the Fund under this section global communications and more for- make up 20 percent of the tree popu- shall be transferred at least monthly from eign trade and foreign travel, we are lation of beautiful Madison, WI. The the general fund of the Treasury to the Fund also witnessing the international beetle threatens billions of ash trees in on the basis of estimates made by the Sec- movement of bugs like this beetle. North America. Losing our ash trees retary of the Treasury.

VerDate Aug 31 2005 05:25 Jun 28, 2007 Jkt 059060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.069 S27JNPT1 hmoore on PRODPC68 with HMSENATE S8620 CONGRESSIONAL RECORD — SENATE June 27, 2007 (2) ADJUSTMENTS.—Proper adjustment shall provide any cost-sharing assistance or fi- decreased prices of milk from Novem- be made in amounts subsequently trans- nancing mechanism provided to the State ber of 2005 until early this year. Our ferred to the extent prior estimates were in under the cooperative agreement to a unit of dairy producers should not be receiving excess of or less than the amounts required local government of the State that— decreased milk prices, especially with to be transferred. (1) is engaged in any activity relating to (e) USES OF FUND.— the prevention of emerald ash borer infesta- the increased costs of production, such (1) LOANS.— tion; and as fuel, feed, and fertilizer. (A) IN GENERAL.—The Secretary shall use (2) is capable of documenting each emerald These unpredictable fluctuations in amounts in the Fund to provide loans to eli- ash borer infestation prevention activity the price of milk paid to our dairy gible units of local government to finance generally carried out by— farmers place an undue financial bur- purchases of authorized equipment to mon- (A) the Department of Agriculture; or den on our producers, which in turn itor, remove, dispose of, and replace infested (B) the State department of agriculture negatively impact our rural commu- trees that are located— that has jurisdiction over the unit of local nities. As a result, I worked hard with (i) on land under the jurisdiction of the eli- government. Senators SANTORUM, CHAMBLISS, KOHL, gible units of local government; and and LEAHY to extend the Milk Income (ii) within the borders of quarantine areas By Mr. SPECTER (for himself Loss Contract, MILC, program until infested by the emerald ash borer. and Mr. CASEY): September of 2007. The MILC program (B) MAXIMUM AMOUNT.—The maximum S. 1722. A bill to amend the Agricul- was created as part of the 2002 farm bill amount of a loan that may be provided by tural Adjustment Act to require the the Secretary to an eligible unit of local gov- to provide supplemental payments to Secretary of Agriculture to determine ernment under this subsection shall be the dairy farmers when the market price the price of all milk used for manufac- lesser of— falls below a statutory trigger. This tured purposes, which shall be classi- (i) the amount that the eligible unit of program has provided timely and cru- fied as Class II milk, by using the na- local government has appropriated to fi- cial payments to producers, particu- nance purchases of authorized equipment to tional average cost of production, and larly when prices were low in 2002, 2003, monitor, remove, dispose of, and replace in- for other purposes; to the Committee and 2006. Although milk prices are ex- fested trees that are located— on Agriculture, Nutrition, and For- (I) on land under the jurisdiction of the eli- pected to be above the statutory trig- estry. ger price of $16.94 through 2007, we need gible unit of local government; and Mr. SPECTER. Mr. President, agri- to ensure a more stable milk pricing (II) within the borders of a quarantine area culture is Pennsylvania’s No. 1 indus- infested by the emerald ash borer; or system. (ii) $5,000,000. try. According to 2004 U.S. Department The 2007 farm bill creates an oppor- (C) INTEREST RATE.—The interest rate on of Agriculture, USDA, statistics, the tunity to address the current volatile any loan made by the Secretary under this market value of all agriculture produc- milk pricing system. While many legis- paragraph shall be a rate equal to 2 percent. tion in PA was approximately lative measures have been proposed, it (D) REPORT.—Not later than 180 days after $7,026,739,000. Further, dairy is the is essential that any program address the date on which an eligible unit of local number one sector of our agriculture government receives a loan provided by the costs of production, ensure market and industry. In 2005, Pennsylvania dairy price transparency, and provide a safe- Secretary under subparagraph (A), the eligi- farmers produced 10.5 billion pounds of ble unit of local government shall submit to ty-net for our producers. Additionally, the Secretary a report that describes each milk from 558,000 cows on approxi- we need to provide dairy producers purchase made by the eligible unit of local mately 9,000 dairy farms. In 2004, milk with tools to help them should milk government using assistance provided production in PA contributed about prices fall below sustainable levels, through the loan. $1,770,912,000 to the economy. such as a voluntary revenue insurance (2) LOAN REPAYMENT SCHEDULE.— I have consistently fought for Penn- program. (A) IN GENERAL.—To be eligible to receive a sylvania’s dairy producers since taking I, along with Senator BOB CASEY, loan from the Secretary under paragraph (1), office in 1981. Last year, I fought to en- have worked with our constituents to in accordance with each requirement de- sure the viability of the dairy industry propose two dairy legislative proposals scribed in subparagraph (B), an eligible unit by ensuring that the Senate Budget of local government shall enter into an to ensure that we continue to discuss agreement with the Secretary to establish a Committee opposed the administra- America’s milk pricing system and the loan repayment schedule relating to the re- tion’s fiscal year 2007 proposals that need for change in the 2007 farm bill. I payment of the loan. would have been detrimental to our have met with dairy producers from (B) REQUIREMENTS RELATING TO LOAN RE- Nation’s dairy farmers. I, along with 16 across the Commonwealth and there is PAYMENT SCHEDULE.—A loan repayment other Senators, wrote a letter on a broad consensus that the unpredict- schedule established under subparagraph (A) March 8, 2006, to the Senate Budget able milk pricing system needs to be shall require the eligible unit of local gov- Committee urging rejection of the pro- addressed. The hard part is coming to a ernment— posed budget cuts and tax increases on (i) to repay to the Secretary of the Treas- consensus on how to reform the sys- ury, not later than 1 year after the date on America’s dairy farmers that included: tem. Although these two legislative which the eligible unit of local government 1. reducing the value of the price sup- proposals may not be perfect, they pro- receives a loan under paragraph (1), and port program; 2. cutting Milk Income vide ideas on assuring an equitable semiannually thereafter, an amount equal to Loss Contract, MILC, payments by 5 milk price for our dairy producers. the quotient obtained by dividing— percent; and 3. taxing every dairy The first bill that we are introducing (I) the principal amount of the loan (in- farmer in America 3 cents per hundred- is the Federal Milk Marketing Im- cluding interest); by weight, cwt., on all production. We provement Act of 2007. This legislation (II) the total quantity of payments that were successful in this fight to protect would reduce the number of classes of the eligible unit of local government is re- milk from four to two with the intent quired to make during the repayment period Pennsylvania’s, and the Nation’s, dairy of the loan; and producers. of simplifying the pricing of milk. The (ii) not later than 20 years after the date Also, I, along with five other Sen- bill would require the Secretary of Ag- on which the eligible unit of local govern- ators, requested that the Government riculture to determine the price of all ment receives a loan under paragraph (1), to Accountability Office, GAO, review the milk used for manufacturing purposes, complete repayment to the Secretary of the Chicago Mercantile Exchange, CME, which will be classified as Class II Treasury of the loan made under this section cash cheese market because the price milk, by using the national average (including interest). of cheese is strongly correlated to the cost of production. This price would (f) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to price of milk. The GAO is expected to then be the basis formula for calcu- the Fund such sums as are necessary to have a final report in the near future. lating the price of Class I milk, which carry out this section. This report will help us set legislative is fluid milk. Although costs of produc- SEC. 3. COOPERATIVE AGREEMENTS RELATING priorities by giving us a better under- tion can vary drastically farm by farm, TO EMERALD ASH BORER PREVEN- standing of the CME cheese market this legislation would ensure that TION ACTIVITIES. and its relation to the price of milk. dairy farmers receive a fair price for Any cooperative agreement entered into after the date of enactment of this Act be- Even though milk production in their milk based on a national average tween the Secretary of Agriculture and a Pennsylvania had a market value of cost of production figure. State relating to the prevention of emerald $1,770,912,000 in 2004, dairy farmers Costs of production for dairy farmers ash borer infestation shall allow the State to across PA and the Nation experienced all across America have increased, not

VerDate Aug 31 2005 05:25 Jun 28, 2007 Jkt 059060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.071 S27JNPT1 hmoore on PRODPC68 with HMSENATE June 27, 2007 CONGRESSIONAL RECORD — SENATE S8621 just in one region. Fuel, feed, and fer- ing a tractor in the wheat fields, pro- (1) the Senate recognizes the historical and tilizer costs have more than doubled. viding lessons on the difficulties of educational significance of the Atlantic Only recently has the price of milk working on a farm. Freedom Tour of the Freedom Schooner paid to farmers reached higher than Agriculture is crucial to Pennsyl- Amistad; (2) the Senate encourages the people of the the MILC program trigger price of vania and to the entire nation. We need United States to learn about the history of $16.94 per cwt. With the price of milk to ensure that the next farm bill pro- the United States and better understand the above this target price, no payments to vides all our fanners with the assist- experiences that have shaped this Nation; farmers will be made, even though ance they need to overcome hardships, and input costs have more than doubled. as well as providing our rural commu- (3) it is the sense of the Senate that pre- Addressing costs of production is nec- nities the financial and technical as- serving the legacy of the Amistad should be essary to ensure that our family dairy sistance they need to assure a vibrant regarded as a means in fostering multicul- farmers survive. and stable rural economy. Even though tural dialogue, education, and cooperation. The second bill that we have intro- I voted against final passage of the 2002 duced aims to promote growth and op- farm bill because it disproportionately f portunity for the dairy industry. This provided more Federal funds to other bill would change the current MILC states and regions in the U.S., I look SENATE RESOLUTION 259—COM- program to a Milk Target Price Pro- forward to working with the Senate MENDING THE OREGON STATE gram and would link payments to dairy Committee on Agriculture and my col- UNIVERSITY BASEBALL TEAM farmers on Class III milk. The program leagues in the full Senate to ensure FOR WINNING THE 2007 COLLEGE would pay farmers when the price of farmers across America are equitably WORLD SERIES Class III falls below $12.00 per hundred- treated when it comes to Federal agri- Mr. WYDEN (for himself and Mr. weight. This trigger price would be ad- cultural programs and assistance. SMITH) submitted the following resolu- justed by a feed adjustment factor to f tion; which was considered and agreed reflect the feed cost of producing 100 to: pounds of milk. The USDA would de- SUBMITTED RESOLUTIONS termine this factor based on a feed S. RES. 259 price index using a baseline period of SENATE RESOLUTION 258—RECOG- Whereas on June 24, 2007, the Oregon State calendar years 2001 through 2005. University baseball team won the 2007 Col- NIZING THE HISTORICAL AND lege World Series in Omaha, Nebraska after Further, the second bill would re- EDUCATIONAL SIGNIFICANCE OF quire the mandatory reporting of dairy defeating California State University, Ful- THE ATLANTIC FREEDOM TOUR lerton by a score of 3 to 2; Arizona State Uni- commodities by requiring that dairy OF THE FREEDOM SCHOONER versity by a score of 12 to 6; University of prices be reported on a daily and week- AMISTAD, AND EXPRESSING THE California, Irvine by a score of 7 to 1; and the ly basis. The current system is not SENSE OF THE SENATE THAT University of North Carolina at Chapel Hill mandatory and it is estimated that PRESERVING THE LEGACY OF in the championship by scores of 11 to 4 and dairy farmers lost $6.4 million due to a THE AMISTAD STORY IS IMPOR- 9 to 3; Federal reporting error by the USDA Whereas this is the second consecutive Col- TANT IN PROMOTING MULTICUL- lege World Series championship Oregon over the past nine months. Along with TURAL DIALOGUE, EDUCATION 10 other Senators, I sent a letter to State University has won, making the Uni- AND COOPERATION versity the first repeat College World Series USDA Secretary Mike Johanns on May Mr. DODD (for himself and Mr. champion in a decade; 9, 2007, requesting an explanation on Whereas the success of the team was a di- LIEBERMAN) submitted the following how this misreporting occurred. This rect result of the skill, intensity, and resolve bill aims to close any loops in current resolution; which was referred to the of every player on the Oregon State Univer- law and assure proper auditing, data Committee on the Judiciary: sity baseball team, including Erik Ammon, verification, and enforcement of re- S. RES. 258 Darwin Barney, Hunter Beaty, Scotty Berke, porting in order to ensure a trans- Whereas the Slave Trade Act of the British Reed Brown, Brian Budrow, Mitch Canham, parent dairy market. Parliament in 1807 was the first major legis- Bryn Card, Brett Casey, Jackson Evans, Kyle Finally, the second bill would provide lation to abolish the slave trade and began Foster, Drew George, Mark Grbavac, Chad the march to end slavery; Hegdahl, Chris Hopkins, Koa Kahalehoe, authorization for a Federal dairy edu- Greg Keim, Blake Keitzman, Josh Keller, cation loan forgiveness program. This Whereas, in 1839, 53 Africans were illegally kidnapped from Sierra Leone and sold into Eddie Kunz, Joey Lakowske, Lonnie Lechelt, would allow students at higher edu- the transatlantic slave trade; Jordan Lennerton, Mike Lissman, Anton cation institutions across America who Whereas the captives were brought to Ha- Maxwell, Jake McCormick, Chad Nading, focus on agriculture for a 2- or 4-year vana, Cuba, aboard the Portuguese vessel Jason Ogata, Ryan Ortiz, Joe Paterson, degree and become a full-time owner of Tecora, where they were fraudulently classi- Tyrell Poggemeyer, Joe Pratt, Jorge Reyes, a farm to become eligible to have their fied as native-born Cuban slaves; Scott Santschi, Kraig Sitton, Alex Sogard, Federal student loans forgiven. This is Whereas the captives were sold to Jose´ Dale Solomon, Michael Stutes, Daniel Ruiz and Pedro Montez of Spain, who trans- Turpen, John Wallace, Braden Wells, and aimed to ensure that there is a younger Joey Wong; generation of farmers to work the ferred them onto the coastal cargo schooner La Amistad; Whereas freshman pitcher Jorge Reyes was lands across the fields in America. Whereas, on the evening of the rebellion, recognized as the Most Outstanding Player Both of these bills aim to help our La Amistad was secretly directed to return of the 2007 College World Series tournament; family dairy farms who deserve a fair west up the coast of North America, where Whereas Darwin Barney, Mitch Canham, price for their milk. I am committed to after two months the Africans were seized Mike Lissman, Jorge Reyes, Scott Santschi, Pennsylvania’s dairy farmers and will and arrested in New London, Connecticut; and Joey Wong were named to the 2007 All- continue to work with my Pennsyl- Whereas the captives were jailed and College World Series tournament team; and Whereas the 2007 College World Series vic- vania colleague, Senator CASEY, and all awaited trial in New Haven, Connecticut; tory of the Oregon State University baseball my colleagues in the U.S. Senate to en- Whereas the trial of the captives became historic when former President John Quincy team ended a terrific season in which the sure our dairy farmers are not left be- Adams argued on behalf of the enslaved be- team compiled a record of 49 wins to 18 hind. As more ideas and solutions are fore the United States Supreme Court and losses: Now, therefore, be it proposed, I will consider each and won their freedom; Resolved, That the Senate— every one. Debate is important to find- Whereas, in 2007, the Freedom Schooner (1) commends the Oregon State University ing a solution to any problem. Amistad will embark on its first trans- baseball team, Head Coach Pat Casey and his Farmers and rural America are the atlantic voyage to celebrate the 200th anni- coaching staff, Athletic Director Bob backbone of our great country. Every versary of the abolition of the transatlantic DeCarolis, and Oregon State University day, they work the fields, milk the slave trade; and President Edward John Ray on their tremen- cows, herd the cattle, and pick the Whereas the Amistad case represents an dous accomplishment in defending their 2007 opportunity to call to public attention the College World Series championship title; and produce. I myself grew up in rural Kan- evils of slavery and the struggle for freedom (2) respectfully requests the Secretary of sas and at the age of 14, I worked for and the restoration of human dignity: Now, the Senate to transmit an enrolled copy of Clyde Mills, father of my close friend therefore, be it this resolution to the President of Oregon and high school classmate Steve, driv- Resolved, That— State University.

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