June 7, 2007 CONGRESSIONAL RECORD — SENATE S7335 AMENDMENT NO. 1179 DURBIN) and the Senator from Cali- cause lenders can charge whatever in- At the request of Mr. LAUTENBERG, fornia (Mrs. BOXER) were added as co- terest rate students will pay, barring the name of the Senator from Hawaii sponsors of amendment No. 1392 in- State usury laws. The interest rates (Mr. INOUYE) was added as a cosponsor tended to be proposed to S. 1348, a bill and fees on private loans can be as on- of amendment No. 1179 intended to be to provide for comprehensive immigra- erous as credit cards. There are reports proposed to S. 1348, a bill to provide for tion reform and for other purposes. of private loans with interest rates of comprehensive immigration reform AMENDMENT NO. 1455 at least 15 percent and often much and for other purposes. At the request of Mr. LAUTENBERG, higher. Unlike Federal student loans, AMENDMENT NO. 1236 the names of the Senator from Con- there is no government-imposed loan At the request of Mr. TESTER, the necticut (Mr. LIEBERMAN) and the Sen- limit on private loans and no regula- names of the Senator from Hawaii (Mr. ator from Hawaii (Mr. INOUYE) were tion over the terms and cost of these AKAKA), the Senator from New Hamp- added as cosponsors of amendment No. loans. shire (Mr. SUNUNU), the Senator from 1455 intended to be proposed to S. 1348, Today, I am pleased to introduce a Vermont (Mr. LEAHY) and the Senator a bill to provide for comprehensive im- bill that will give students, who find from Maine (Ms. COLLINS) were added migration reform and for other pur- themselves in dire financial straits, a as cosponsors of amendment No. 1236 poses. chance at a new beginning. My bill intended to be proposed to S. 1348, a f takes the bankruptcy law, as it per- bill to provide for comprehensive im- tains to private student loans, back to STATEMENTS ON INTRODUCED migration reform and for other pur- where it was before the law was amend- BILLS AND JOINT RESOLUTIONS poses. ed in 2005. Under this legislation, pri- AMENDMENT NO. 1259 By Mr. DURBIN: vately issued student loans will once At the request of Mr. DOMENICI, the S. 1561. A bill to amend title 11, again be dischargeable in bankruptcy. name of the Senator from Colorado United States Code, with respect to ex- My bill also clarifies that existing pro- (Mr. SALAZAR) was added as a cospon- ceptions to discharge in bankruptcy for tections are specific to loans that were sor of amendment No. 1259 intended to certain qualified educational loans; to issued by or are guaranteed by State be proposed to S. 1348, a bill to provide the Committee on the Judiciary. and Federal Government. for comprehensive immigration reform Mr. DURBIN. Mr. President, I would Federally issued or guaranteed stu- and for other purposes. like to tell you about Connie Martin dent loans have been protected during AMENDMENT NO. 1260 from Sycamore, IL. Connie’s son de- personal bankruptcy since 1978. This At the request of Mr. DOMENICI, the cided to go to culinary school in Chi- provision protects Federal investments name of the Senator from Colorado cago 5 years ago at the age of 25. To in higher education. In 2005, a provision (Mr. SALAZAR) was added as a cospon- pay for tuition, he borrowed $58,000 in was added to law to protect the invest- sor of amendment No. 1260 intended to private loans from Sallie Mae at 18 per- ments of private lenders participating be proposed to S. 1348, a bill to provide cent interest. His first payment was in the student loan industry. This for comprehensive immigration reform $1,100 a month—his entire monthly sal- change in the law creates a couple of and for other purposes. ary at a downtown eatery where he problems. First, extending protections AMENDMENT NO. 1279 worked after graduation. His loan bal- to private lenders of student loans but At the request of Mr. SCHUMER, his ance, including government-backed not to other potential creditors who name was added as a cosponsor of loans, is now $100,000. Connie’s son has are at risk in a bankruptcy disposition amendment No. 1279 intended to be pro- been working hard, and she and her is inherently unfair. Second, such pro- posed to S. 1348, a bill to provide for husband have been trying to help him tections are unfair to the debtor. Re- comprehensive immigration reform make the payments. I worry for bor- payment schedules—with accumulating and for other purposes. rowers like Connie’s son who can’t interest—can extend for decades. AMENDMENT NO. 1311 start over and will have debt that will With the 2005 protections in place, At the request of Mr. COBURN, the likely haunt him for the rest of his life. names of the Senator from Oklahoma The Chicago Sun-Times recently ran there is essentially no risk to lenders (Mr. INHOFE), the Senator from Ala- a story that described the devastating making high-cost private loans to peo- bama (Mr. SESSIONS), the Senator from effect large student loan debt has on ple who may not be able to afford Louisiana (Mr. VITTER), the Senator the lives of borrowers. Mr. President, I them. There is no risk to private lend- from Iowa (Mr. GRASSLEY) and the Sen- ask unanimous consent that the fol- ers extending credit to students at ator from Wyoming (Mr. ENZI) were lowing article from the Chicago Sun- schools with low graduation rates and added as cosponsors of amendment No. Times be inserted for the RECORD. even lower job placement rates. 1311 proposed to S. 1348, a bill to pro- Private student loans are the fastest Giving private loans such high status vide for comprehensive immigration growing and most profitable sector of in bankruptcy also puts other creditors reform and for other purposes. the student loan industry. As college at a significant disadvantage. No one AMENDMENT NO. 1318 tuition continues to rise, the private seems to know how or why private stu- At the request of Mr. CHAMBLISS, the loan market flourishes. According to dent loans gained this status in 2005. names of the Senator from Oklahoma the College Board, tuition, fees, room There is nothing in the CONGRESSIONAL (Mr. INHOFE), the Senator from Georgia and board at public 4-year schools have RECORD explaining the reasons behind (Mr. ISAKSON), the Senator from Wyo- risen by 42 percent over the past 5 the change. Why should a private stu- ming (Mr. ENZI) and the Senator from years from $9,032 to $12,796. Add books, dent loan lender be able to jump to the Alaska (Ms. MURKOWSKI) were added as supplies, transportation and other liv- front of the creditor line—in front of cosponsors of amendment No. 1318 in- ing expenses, and the total increases to the local furniture store or the neigh- tended to be proposed to S. 1348, a bill $16,357 for those paying instate tuition borhood plumber? This bill seeks to re- to provide for comprehensive immigra- and $26,304 for those paying out-of- store treatment of privately issued stu- tion reform and for other purposes. state tuition. Students rely on private dent loans in bankruptcy to the same AMENDMENT NO. 1335 loans to pay for any unmet need that treatment as any other debt. At the request of Mr. DOMENICI, the Federal loans and grants fail to cover. There is justification for making names of the Senator from Arizona According to the College Board, since Federal loans hard to discharge: they (Mr. KYL) and the Senator from Colo- 2001 the market for private student are backed by taxpayer dollars, and rado (Mr. SALAZAR) were added as co- loans has grown at an annual rate of 27 they come with some borrower protec- sponsors of amendment No. 1335 in- percent to $17.3 billion in 2006—roughly tions in cases of economic hardship, tended to be proposed to S. 1348, a bill 20 percent of total student borrowing. unemployment, death and disability. to provide for comprehensive immigra- Ten years ago, only 5 percent of total However, private loans involve only tion reform and for other purposes. education loan volume was in private private profit and do not have the pro- AMENDMENT NO. 1392 loans. tections that government borrowers At the request of Mr. MENENDEZ, the Private student loans are more prof- enjoy, including caps on interest rates, names of the Senator from Illinois (Mr. itable than Federal student loans be- flexible repayment options, and limited

VerDate Aug 31 2005 05:33 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.028 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7336 CONGRESSIONAL RECORD — SENATE June 7, 2007 cancellation rights. Why should stu- their balances continue to grow and to re- then from the U.S. Education Department. dent borrowers, who are trying to bet- ceive harassing phone calls from collectors. They claimed the bill was now over $100,000. ter themselves and our country, be To be sure, most borrowers pay on time; ‘‘It was as though they were above the default rates are at an all-time low. treated in the same manner as people law,’’ she said. She eventually went to court But for those who run into trouble, again and proved she no longer owed the trying to escape child support pay- changes in federal laws—including many in money, but her husband left her in the proc- ments, alimony, overdue taxes, and the last decade—have made student loans ess. She asked that her real name not be criminal fines? among the hardest debts to discharge. used out of fear of retaliation. The 1950s and 1960s saw the democra- They’ve also made the loans among the most ISAC and the Education Department say tization of higher education. The GI lucrative for private lenders, who face little they have several programs that allow stu- Bill provided money for returning risk—because the government backs the dents to delay payments in hard times or loans—but reap the benefits when balances make lower ones based on income. Officials WWII veterans to attend college. The balloon. National Defense Education Act made say they try to help borrowers in default get Some borrowers say they accept reason- back into good standing, a process known as college a possibility by making low-in- able interest, but they believe the fees and rehabilitation. Last year, ISAC rehabbed $30 terest education loans available for penalties—which over time can double or tri- million in defaulted loans, up from $4.4 mil- countless students all across the coun- ple the loan balances—are unfair. lion in 2002. try. Talented kids from working fami- INTEREST RATE OVER 18 PERCENT Agency director Andy Davis says the agen- lies began realizing the possibility of Many of the students awash in debt say cy has to strike a balance between helping college, and enrollment at colleges that they were blinded by the promise a col- borrowers repay and making sure taxpayers swelled. But since then, college costs lege degree holds and unprepared to take on aren’t left in the lurch. high levels of debt at such a young age. have gone through the roof. And stu- But he acknowledges his workers ‘‘make Connie Martin’s son signed up for cooking mistakes’’ and said he is looking to make dents—heeding the call to obtain a school in Chicago in 2002 at age 25. To pay for changes in some of the outsourcing of collec- good education—are also earning them- it, he borrowed $73,000, mostly in private tions. selves years of debt. The average stu- loans from Sallie Mae, the largest student Then there are those with hard luck, who dent is graduating with nearly $20,000 lender, at 18 percent interest. make bad decisions or just simply can’t get in debt and in many cases—much, ‘‘He didn’t know what the interest rate a break. was. . . . He just wanted to go to school,’’ much more—just look at Connie Mar- Richard and Sheila Friese both have de- said Martin, of Sycamore. grees from Southern Illinois University, fi- tin’s son. Our country has made great His first payment was $1,100 a month, his nanced in part on student loans. They were strides in making college a reality for entire monthly salary at a downtown eatery also both discharged from the Navy after suf- countless students. Let’s not reverse where he went to work after graduation. ‘‘I don’t understand how they can lend a fering injuries while serving stateside. Rich- the positive trend we started over 50 ard is learning disabled. years ago. That is why I am intro- kid that kind of money with no credit his- tory, who never owned anything, with no co- They have never been able to find high- ducing this bill—to give students a signers,’’ said his mother, who only learned paying jobs; now they both use wheelchairs chance at a fresh start. of the situation after the bills started to pile to get around and suffer from ailments in- Mr. President, I ask unanimous con- up. cluding arthritis, constant abdominal pain sent that the text of the bill and an ar- Sallie Mae officials said they no longer and chronic fatigue. They’re currently fight- ticle of support be printed in the offer such high-interest loans, and have of- ing with the Veterans Administration over fered students a chance to refinance at a benefits; they also are wrangling with the RECORD. Social Security Administration. There being no objection, the mate- lower rate if certain conditions are met. ‘‘We rial was ordered to be printed in the recognize it’s high,’’ spokeswoman Martha COLLECTOR: ‘‘WE WILL NEVER GO AWAY’’ Holler said. Record, as follows: They currently have no income to pay off Martin’s son declined to comment. His bal- their combined $141,000 loan balance. ISAC S. 1561 ance has since grown to $98,000. has seized $3,200 in tax refunds from Sheila, Be it enacted by the Senate and House of Rep- IT’S LIKE INDENTURED SERVITUDE 37. Richard, 49, avoids the phone after con- resentatives of the United States of America in Greg Treece, of Downstate Mattoon, now stantly being called by collectors for Sallie Congress assembled, wishes he never enrolled in Washington Uni- Mae—one of whom he claims called him a SECTION 1. DISCHARGE IN BANKRUPTCY FOR versity’s Occupational Therapy program. ‘‘low-life, S.O.B.’’ Holler said Sallie Mae’s CERTAIN EDUCATIONAL LOANS. ‘‘Choosing an expensive private school and collectors are trained in fair debt collection Section 523(a)(8) of title 11, United States borrowing the money to go there is the sin- practices. ‘‘That should not happen,’’ she Code, is amended by striking ‘‘dependents, gle greatest mistake I have ever made,’’ he said. for’’ and all that follows through subpara- said. If this were virtually any other debt, ex- graph (B) and inserting ‘‘dependents, for an Treece took out $84,000 in loans. Six perts say, the couple would be able to dis- educational benefit overpayment or loan months after he got out of the St. Louis charge some or all of it through bankruptcy. made, insured, or guaranteed by a govern- school, his monthly payment was more than But the Frieses, of Mundelein, are stuck. mental unit, or an obligation to repay funds half his take-home pay for his first job in ‘‘Our life has hit a brick wall,’’ Richard said. received from a governmental unit as an edu- Chicago. He later lost his job. With Davis said it might make sense for the fed- cational benefit, scholarship, or stipend.’’. compounding interest, his loan quickly sky- eral government to ‘‘write off’’ debt if bor- rocketed. At times he seriously wished he rowers—particularly vets—have no hope of [From the Sun Times, May 6, 2007] could go to jail in exchange for wiping out paying. STUDENTS AND LOANS: ’TIL DEATH DO US the debt. Pam, 58, of Dolton, graduated from PART With a new job, he’s managed to pay Downstate SIU-Edwardsville in 1984, but (By Dave Newbart) $60,000, but his balance remains at $111,000 spent time on welfare. She eventually de- They liken it to a financial death sentence. because of fees, penalties and interest. ‘‘It’s faulted on her loan after a dispute over the They can’t get a car loan, a home mort- like indentured servitude,’’ he said. amount of the balance and monthly pay- gage or any other type of loan. They’ve lost For those who default, lenders can truly ments. Her $12,500 in loans has grown to jobs and even spouses over it. play hardball, often employing no-scruples $28,000. Experts say borrowers should con- They are so humiliated they don’t want private collection firms that call borrowers tinue to make payments during a dispute so any of their friends or family to know. as often as 10 times a day. Shirley, an Ivy League-educated lawyer, the loan doesn’t get out of control. And for most, there is no way out. She has gone underground, blocking collec- lost her job in Chicago in the late 1980s. She They are former students trapped under tors’ calls and running her own business so pleaded for reduced payments from a col- the weight of student loans. The same vehi- her wages can’t be garnisheed. But when col- lector working for the Illinois Student As- cle that allowed them to get a college edu- lectors do get through, they have a harsh cation has left many graduates buried in sistance Commission—but was denied. ‘‘I said you are driving me to bankruptcy,’’ message. ‘‘When they call they say, ‘We will debt with no reasonable way to climb out. never go away until you are dead.’’’ Some students who never graduate are she recalled. ‘‘They wouldn’t budge.’’ stuck paying off loans without the earning In bankruptcy court ISAC claimed she UP, UP AND AWAY power of a degree—an estimated additional owed $78,000, which included $13,000 for col- Percent of students with loans $1 million in lifetime earnings. lection costs, 20 percent of the total debt. 1993: less than 50 percent And some students who finish can’t afford Nearly all of the debt was eventually erased, 2004: 66 percent the monthly payments. Others lose jobs and according to court records. Average debt for graduating seniors can’t catch back up. Then they get turned Because that was before the recent law 1993: $9,250 down by employers who increasingly check changes, she should have been clear. 2004: $19,200 credit records before hiring. LOAN CHIEF ADMITS ‘‘MISTAKES’’ Number of graduating seniors with debt Some say they would make small monthly But several years later, the collectors over $40,000 payments to show good faith—only to see began calling again—first from ISAC and 1993: 7,000

VerDate Aug 31 2005 06:30 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.076 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7337 2004: 78,000 with a total annual household income that crease the penalties for violations of does not exceed the greater of— sanctions provisions, and for other pur- By Mr. BIDEN: (A) an amount equal to 150 percent of the poses; to the Committee on Banking, S. 1562. A bill to direct the Secretary poverty level of a State; or Housing, and Urban Affairs. of Energy to provide grants to States (B) an amount equal to 60 percent of the Mr. DURBIN. Mr. President, the suf- State median income. for the distribution of compact fluores- fering in Darfur and Sudan on the con- cent lights; to the Committee on En- (2) MEDIUM BASE COMPACT FLUORESCENT LAMP.—The term ‘‘medium base compact flu- tinent of Africa continues today as it ergy and Natural Resources. has every day for too many years. I Mr. BIDEN. Mr. President, I rise orescent lamp’’ has the meaning given the term in section 321(30)(S) of the Energy Pol- rise again to urge my colleagues that today to introduce the Fluorescent icy and Conservation Act (42 U.S.C. we must do more to end this crisis in Light Implementation Program to 6291(30)(S)). Sudan. Two weeks ago, before the Me- Save Americans Value and Energy, or (3) POVERTY LEVEL.—The term ‘‘poverty morial Day recess, I came to the floor FLIP-to-SAVE. This bill does some- level’’ has the meaning given the term in to highlight some of the positive steps thing very simple to save Americans section 2603 of the Low-Income Home Energy taken thus far by Congress, the Bush money and make us more energy effi- Assistance Act of 1981 (42 U.S.C. 8622). administration, the business commu- (4) SECRETARY.—The term ‘‘Secretary’’ cient. It distributes compact fluores- nity, and nonprofits to pressure the Su- cent light-bulbs. We can save green two means the Secretary of Energy. (5) STATE.—The term ‘‘State’’ means— danese regime to end this genocide. I ways by changing our light-bulbs. said then and I will repeat today: We Compact fluorescent light-bulbs, or (A) a State; and (B) the District of Columbia. must do more. CFLs, are highly efficient light-bulbs (6) STATE MEDIAN INCOME.—The term In that speech I urged the President that use less than a quarter of the en- ‘‘State median income’’ has the meaning to follow through on what he promised ergy of traditional incandescent bulbs. given the term in section 2603 of the Low-In- to do in April at the Holocaust mu- The FLIP-to-SAVE program will spend come Home Energy Assistance Act of 1981 (42 seum just down the street in Wash- $50 million to increase public aware- U.S.C. 8622). ington. To the President’s credit, last ness of how CFLs save money and the SEC. 3. COMPACT FLUORESCENT LIGHTING week he took steps forward. He tight- environment and to distribute them to GRANT PROGRAM. ened United States economic sanctions (a) ESTABLISHMENT.—The Secretary shall households across the Nation. It is on Sudan. He targeted sanctions modeled after a successful program in establish and carry out a program under which the Secretary shall provide grants to against more individuals responsible my home State of Delaware, which dis- States for the distribution of medium base for the violence, and he vowed to push tributed 140,000 CFLs through public li- compact fluorescent lamps to households in for a strong new United Nations Secu- braries. The FLIP-to-SAVE program the State. rity Council resolution that would fur- will give States grants, to allow each (b) APPLICATION REQUIREMENTS.—To be eli- ther pressure the Sudanese regime. I State to develop a program that suits gible to receive a grant under this section a applaud the President for his leader- it best, though I expect many will be State shall— ship. But I repeat, we must do more. modeled after Delaware’s system. (1) submit to the Secretary an application, On March 28, as Treasury Secretary Through this program, we can expect in such form and by such date as the Sec- Paulson testified in front of the Appro- retary may specify, that contains— to replace 16 million inefficient incan- priations subcommittee I chair, I asked descent bulbs with CFLs, reducing (A) a plan describing the means by which the State will use the grant funds; and the Secretary: What resources does the total residential energy bills by over (B) such other information as the Sec- Treasury Department need to put more $60 million each year. That means the retary may require; and pressure on the Sudanese Government program ought to pay for itself in (2) agree— to end the genocide? His answer: terms of savings to families in just one (A) to conduct public education activities ... We’d like the flexibility to charge a year. And that’s without considering to provide information on— larger fine, because $50,000 may not be the environmental benefits. (i) the efficiency of using medium base enough. By reducing our energy consumption compact fluorescent lamps; and He was talking about civil and crimi- (ii) the cost savings associated with using in the equivalent of 127,000 homes, nal penalties that violators of Amer- about the size of Buffalo, NY, we can medium base compact fluorescent lamps; (B) to conduct outreach activities to en- ican sanctions on Sudan should face help alleviate our energy dependence sure, to the maximum extent practicable, and the fact that the current penalties and reduce our greenhouse gas emis- that households in the State are informed of are not much of a deterrent. It was a sions. In fact, one equivalent CFL re- the distribution of the medium base compact concrete suggestion from the adminis- placing a 60 watt incandescent will pre- fluorescent lamps in the State; tration, and I agreed to accept his chal- vent 1000 pounds of carbon dioxide (C) to coordinate activities under this sec- lenge. Based on that testimony, more through reductions in coal-powered tion with similar and related Federal and discussions with the Treasury Depart- electricity. That is 1.1 million tons of State programs; and ment, the Securities and Exchange (D) to comply with such other require- carbon dioxide each year. Commission, the State Department, Energy efficiency is a key to our ef- ments as the Secretary may establish. (c) PRIORITY.—A State that receives a and other agencies, we created the forts to address climate change. There grant under this section shall give priority Sudan Disclosure and Enforcement Act are many simple steps we can take to to distributing medium base compact fluo- which I introduce today. This act pro- use less energy, and this is one. The rescent lamps to low-income households in vides the administration and all Amer- FLIP-to-SAVE program will not just the State. icans with more resources and tools reduce carbon emissions, but also re- SEC. 4. AUTHORIZATION OF APPROPRIATIONS. and information so we can each do our duce electric bills for American fami- (a) IN GENERAL.—There is authorized to be part to end the genocide and bring lies by more than its price tag. I ask appropriated $50,000,000 to carry out this Act. peace to Darfur. It creates real con- that the text of the bill be printed in (b) CONGRESSIONAL INTENT.—It is the intent sequences for those who support the of Congress that the amounts made available the RECORD. Sudanese regime and, perhaps most im- There being no objection, the text of under this section shall supplement, not sup- plant, amounts provided under sections 361 portantly, it requires the administra- the bill was ordered to be printed in through 364 of the Energy Policy and Con- tion and Congress to meet in 90 days to the RECORD, as follows: servation Act (42 U.S.C. 6321 through 6324). reassess the steps that need to be S. 1562 taken to help to end the crisis. Be it enacted by the Senate and House of Rep- By Mr. DURBIN (for himself, Mr. For my colleagues who are consid- resentatives of the United States of America in BROWNBACK, Mr. DODD, Mr. ering supporting this legislation, here Congress assembled, OBAMA, Mr. LIEBERMAN, Ms. is what the bill will do in specifics: SECTION 1. SHORT TITLE. KLOBUCHAR, Ms. MIKULSKI, Mrs. first, express the sense of Congress that This Act may be cited as the ‘‘Fluorescent MURRAY, Mr. NELSON of Flor- the international community should Lightbulb Implementation Program to Save Americans Value and Energy’’. ida, Mr. WYDEN, and Mrs. CLIN- continue to bring pressure against the SEC. 2. DEFINITIONS. TON): Government of Sudan to convince that In this Act: S. 1563. A bill to require the disclo- regime that the world would not allow (1) LOW-INCOME HOUSEHOLD.—The term sure of certain activities relating to this crisis to continue; second, author- ‘‘low-income household’’ means a household the petroleum industry of Sudan, to in- ize greater resources for the Office of

VerDate Aug 31 2005 05:33 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.037 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7338 CONGRESSIONAL RECORD — SENATE June 7, 2007 Foreign Assets Control within the De- and the entire international commu- the European Union, the Arab League, and partment of the Treasury to strength- nity have not done enough to help. We the Government of Sudan to facilitate the en its capabilities in tracking Suda- must do more. This bill moves in the urgent deployment of a peacekeeping force nese economic activity and pursuing right direction. It gives our Govern- as called for by United Nations Security Council Resolution 1706 (2006); and sanctions violators; third, require more ment the tools and the encouragement (2) bring before the United Nations Secu- detailed SEC disclosures by United to act and act quickly. rity Council, and call for a vote on, a resolu- States listed companies that operate in I urge my colleagues to support it. tion requiring meaningful multilateral sanc- the Sudanese petroleum sector so in- Mr. President, I ask unanimous con- tions against the Government of Sudan in re- vestors can make informed decisions sent that the text of the bill be printed sponse to its acts of genocide against the regarding divestment from these com- in the RECORD. people of Darfur and its continued refusal to panies; fourth, dramatically increase There being no objection, the text of allow the implementation of a peacekeeping civil and criminal penalties for vio- the bill was ordered to be printed in force as called for by Resolution 1706. lating American economic sanctions to the RECORD, as follows: SEC. 4. DEFINITIONS. create a true deterrent against S. 1563 In this Act: transacting with barred Sudanese com- Be it enacted by the Senate and House of Rep- (1) APPROPRIATE CONGRESSIONAL COMMIT- panies; fifth, require the administra- resentatives of the United States of America in TEES.—The term ‘‘appropriate congressional tion to report on the effectiveness of Congress assembled, committees’’ means— SECTION 1. SHORT TITLE. (A) the Committee on Appropriations, the the current sanctions regime and rec- Committee on Foreign Relations, and the ommend other steps Congress could This Act may be cited as the ‘‘Sudan Dis- closure and Enforcement Act of 2007’’. Committee on Banking, Housing, and Urban take to help end the crisis. Affairs of the Senate; and SEC. 2. FINDINGS. I am proud to introduce this legisla- (B) the Committee on Appropriations, the Congress finds the following: Committee on Foreign Affairs, and the Com- tion with bipartisan support. I particu- (1) On July 22, 2004, the Senate passed Sen- mittee on Financial Services of the House of larly thank the ranking member of the ate Concurrent Resolution 133, 108th Con- Representatives. Financial Services and General Gov- gress, and the House of Representatives (2) PERSON.—The term ‘‘person’’ means an ernment Appropriations Sub- passed House Concurrent Resolution 467, individual, partnership, corporation, or other committee, my friend and colleague 108th Congress, both resolutions declaring entity, including a government or an agency that ‘‘the atrocities unfolding in Darfur, Senator SAM BROWNBACK of Kansas, for of a government. Sudan, are genocide’’. all of his great work on this issue. I am (3) SUDAN.— (2) On September 9, 2004, President Bush pleased to be joined by all of the other (A) SUDAN.—The term ‘‘Sudan’’ means the declared that ‘‘we have concluded that geno- Republic of Sudan and any territory under original cosponsors as well: Senators cide has taken place in Darfur’’. the administration or control of the Govern- DODD, who also chairs the Banking (3) On June 30, 2005, President Bush af- ment of Sudan. Committee and is a great ally; Sen- firmed that ‘‘the violence in Darfur region is (B) SOUTHERN SUDAN AND DESIGNATED ators KLOBUCHAR, MIKULSKI, BILL NEL- clearly genocide [and t]he human cost is be- AREAS.—The term ‘‘Southern Sudan and des- SON, OBAMA, and WYDEN. yond calculation’’. ignated areas’’ means Southern Sudan, (4) On May 8, 2006, President Bush re- I urge all my colleagues on both sides Southern Kordofan/Nuba Mountains State, affirmed, ‘‘We will call genocide by its right- of the aisle to join this effort. As we Blue Nile State, Abyei, or Darfur. move around our States and visit parts ful name, and we will stand up for the inno- SEC. 5. DISCLOSURE TO THE SEC OF ACTIVITIES of the country, occasionally a person cent until the peace of Darfur is secured.’’. (5) On November 20, 2006, the Presidential RELATING TO THE PETROLEUM IN- will come up after a meeting and say to Special Envoy to Sudan, Andrew S. Natsios, DUSTRY IN SUDAN. me: Senator, what are you doing about stated in a briefing to members of the press, Section 13 of the Securities Exchange Act Darfur? Didn’t your country, America, ‘‘And there’s a point—January 1st is either of 1934 (15 U.S.C. 78m) is amended by adding declare a genocide? What are you we see a change or we go to Plan B.’’. at the end the following new subsection: doing? (6) On February 20, 2007, Special Envoy ‘‘(m) DISCLOSURE OF ACTIVITIES RELATING Frankly, aside from speeches on the Natsios stated in an interview with the TO THE PETROLEUM INDUSTRY IN SUDAN.— floor and an occasional resolution, bills Council on Foreign Relations, ‘‘We needed to ‘‘(1) IN GENERAL.—Not later than 90 days of very little consequence, there hasn’t send a message to the Sudanese government after the date of the enactment of this sub- that we were no longer simply going to con- been much to point to. I hope my col- section, the Securities and Exchange Com- tinue with the situation the way it’s been mission shall promulgate rules requiring any leagues who face that same question the last four years, that there was a change. person described in paragraph (2) to disclose and worry that the response is so inad- We are considering more aggressive meas- to the Securities and Exchange Commis- equate will take a good look at this ures should we make no progress in the hu- sion— legislation. I hope they will join me in manitarian area, in the political negotia- ‘‘(A) activities described in paragraph (3) if cosponsoring this effort. We should tions, and in the implementation of Kofi such activities result in gross receipts to or pass this measure, work with our Annan and Ban Ki-moon’s plan to introduce total investments from such person of House colleagues and do the same, send . . . additional forces.’’. $1,000,000 or more a year; and (7) On April 18, 2007, President Bush stated, this bill to the President. The Presi- ‘‘(B) the geographic area within Sudan ‘‘It is evil we are now seeing in Sudan—and where such activities occurred, and specifi- dent said in April: we’re not going to back down.’’. cally if such activities took place solely You who have survived evil know that the (8) The Government of Sudan, as of the within Southern Sudan and designated areas. only way to defeat it is to look it in the face date of the introduction of this Act, has an- ‘‘(2) PERSON DESCRIBED.—A person, as de- and not back down. It is evil that we are now nounced its willingness to accept 3,000 fined in paragraph (6)(C), is described in this seeing in Sudan, and we’re not going to back United Nations peacekeepers and their paragraph if the person— down. equipment, but has continued to obstruct ‘‘(A) is an issuer of securities registered The President went on to say: the full-scale joint United Nations–African under section 12; and Union peacekeeping mission authorized No one who sees these pictures can doubt ‘‘(B) either— under United Nations Security Council Reso- that genocide is the only word for what is ‘‘(i) engages in or facilitates activities de- lution 1706 (2006) and to prevent sufficient happening in Darfur and that we have a scribed in paragraph (3); or humanitarian access to meet the urgent moral obligation to stop it. ‘‘(ii) controls or is controlled by a person needs of the people of Darfur. that engages in or facilitates activities de- I completely agree with the Presi- (9) Congress supports the objectives of a scribed in paragraph (3). 1 dent. It has been more than 2 ⁄2 years ‘‘Plan B’’ as outlined in the press and else- ‘‘(3) ACTIVITIES DESCRIBED.—An activity de- since the President called what is tak- where to increase pressure on the Govern- scribed in this paragraph is the exploration, ing place in Darfur, Sudan by its right- ment of Sudan to accept a greatly expanded development, extraction, processing, expor- ful name—genocide. Yet even as an es- peacekeeping mission with a mandate to pro- tation, or sale of petroleum products pro- timated 200,000 to 400,000 people have tect the people of Darfur. duced in Sudan. been killed, even as over 2 million men, SEC. 3. SENSE OF CONGRESS. ‘‘(4) WAIVER.—The President may waive women, and tiny children have been It is the sense of Congress that the Presi- the disclosure requirements described in dent should— paragraph (1) for periods not to exceed 1 year forced from their homes by violence (1) continue to work with other members if the President— and killing, even as the violence con- of the international community, including ‘‘(A) determines that such a waiver is in tinues as we meet in the safety and the Permanent Members of the United Na- the national interest of the United States; comfort of this great Nation, America tions Security Council, the African Union, and

VerDate Aug 31 2005 05:33 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.058 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7339 ‘‘(B) not later than 7 days before granting ‘‘(aa) have consultative status with the tain a classified annex relating to the assess- the waiver, reports to the appropriate con- United Nations Economic and Social Coun- ment under paragraph (2)(B). gressional committees regarding the inten- cil; or (b) BRIEFING ON REPORT.—Not later than 14 tion of the President to waive the disclosure ‘‘(bb) have been accredited by a depart- days after submitting the report required by requirements described in paragraph (1) and ment or specialized agency of the United Na- subsection (a), the Secretary of the Treas- the reasons the waiver is in the national in- tions; or ury, the Secretary of State, the Secretary of terest of the United States. ‘‘(III) a foreign person whose business ac- Energy, the Director of National Intel- ligence, and representatives of the Securities ‘‘(5) TERMINATION OF DISCLOSURE REQUIRE- tivities in Sudan are strictly limited to pro- and Exchange Commission shall brief the ap- MENTS.—The disclosure requirements de- viding goods and services that are— propriate congressional committees on the scribed in paragraph (1) shall terminate if ‘‘(aa) intended to relieve human suffering; ‘‘(bb) intended to promote welfare, health, contents of the report. the Secretary of State— (c) DISCLOSURE ON SEC WEBSITE.— ‘‘(A) determines that the Government of religious, or spiritual activities; ‘‘(cc) used for educational or humanitarian (1) IN GENERAL.—Not later than 14 days Sudan no longer provides support for acts of after promulgating the rules required by sec- purposes; international terrorism for purposes of— tion 13(m) of the Securities Exchange Act of ‘‘(dd) used for journalistic activities; or ‘‘(i) section 40 of the Arms Export Control 1934, as added by section 5, the Securities ‘‘(ee) used for such other purposes as the Act (22 U.S.C. 2780); and Exchange Commission shall make avail- Secretary of State may determine serve the ‘‘(ii) section 620A of the Foreign Assistance able on its website, in an easily accessible foreign policy interests of the United States. Act of 1961 (22 U.S.C. 2371); and and searchable format, the information col- ‘‘(F) SUDAN.— ‘‘(iii) section 6(j) of the Export Administra- lected pursuant to the disclosure require- ‘‘(i) SUDAN.—The term ‘Sudan’ means the tion Act of 1979 (50 U.S.C. App. 2405(j)), as in ments of such section 13(m), including— Republic of Sudan and any territory under effect pursuant to the International Emer- (A) the names of persons that made disclo- the administration or control of the Govern- gency Economic Powers Act (50 U.S.C. 1701 sures under such section 13(m); ment of Sudan. et seq.); and (B) the specific activities related to the pe- ‘‘(ii) SOUTHERN SUDAN AND DESIGNATED ‘‘(B) certifies to the appropriate congres- troleum industry of Sudan in which such AREAS.—The term ‘Southern Sudan and des- sional committees that the Government of persons engaged; and ignated areas’ means Southern Sudan, Sudan has demonstrated significant im- (C) the geographic area within Sudan Southern Kordofan/Nuba Mountains State, provement in protecting the civilian popu- where such activities occurred, and specifi- Blue Nile State, Abyei, or Darfur.’’. lation of Darfur, such as by allowing a sub- cally if such activities took place solely stantial United Nations–African Union SEC. 6. INCREASED PENALTIES FOR VIOLATIONS within Southern Sudan and designated areas. OF IEEPA. peacekeeping mission with the mandate and (2) MAINTENANCE.—The Securities and Ex- (a) IN GENERAL.—Section 206 of the Inter- means to protect civilians and allow for the change Commission shall maintain and up- national Emergency Economic Powers Act safe return of persons displaced by the vio- date regularly the information on the (50 U.S.C. 1705) is amended to read as follows: lence in Darfur. website of the Commission under paragraph ‘‘SEC. 206. PENALTIES. ‘‘(6) DEFINITIONS.—In this subsection: (1). (d) GOVERNMENT PROCUREMENT CON- ‘‘(A) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘(a) UNLAWFUL ACTS.—It shall be unlawful TRACTS.— TEES.—The term ‘appropriate congressional for a person to violate, attempt to violate, (1) IN GENERAL.—Not later than 45 days committees’ means— conspire to violate, or cause a violation of after the submission of the report required ‘‘(i) the Committee on Appropriations, the any license, order, regulation, or prohibition by subsection (a), the Administrator of Gen- Committee on Foreign Relations, and the issued under this title. eral Services shall determine whether the Committee on Banking, Housing, and Urban ‘‘(b) CIVIL PENALTY.—A civil penalty may United States Government has in effect a Affairs of the Senate; and be imposed on any person who commits an unlawful act described in subsection (a) in an contract for the procurement of goods or ‘‘(ii) the Committee on Appropriations, the services with any person identified in the re- Committee on Foreign Affairs, and the Com- amount not to exceed the greater of— ‘‘(1) $250,000; or port required by subsection (a). mittee on Financial Services of the House of (2) REPORT.—If the Administrator deter- Representatives. ‘‘(2) an amount that is twice the amount of the transaction that is the basis of the viola- mines that the United States Government ‘‘(B) CONTROL.—The term ‘control’ means— tion with respect to which the penalty is im- has in effect a contract for the procurement ‘‘(i) in the case of a corporation, to hold at posed. of goods or services with a person identified least 50 percent (by vote or value) of the cap- ‘‘(c) CRIMINAL PENALTY.—A person who in the report required by subsection (a), the ital structure of the corporation; and willfully commits, willfully attempts to Administrator shall submit to the appro- ‘‘(ii) in the case of any other entity, to commit, or willfully conspires to commit, or priate congressional committees a report— hold interests representing at least 50 per- aids or abets in the commission of, an unlaw- (A) naming each person identified in the cent of the capital structure of the entity. ful act described in subsection (a) shall, upon report required by subsection (a); ‘‘(C) IS CONTROLLED BY.—The term ‘is con- conviction, be fined not more than $1,000,000, (B) the nature of the contract; and trolled by’ means— or if a natural person, may be imprisoned for (C) the dollar amount of the contract. ‘‘(i) in the case of a corporation, to have at not more than 20 years, or both.’’. SEC. 8. AUTHORIZATION OF ADDITIONAL APPRO- least 50 percent (by vote or value) of the cap- (b) EFFECTIVE DATE.—The amendment PRIATIONS FOR OFAC. ital structure of the corporation held by an- made by subsection (a) applies to violations (a) IN GENERAL.—There are authorized to other person; and described in section 206 of the International be appropriated $2,000,000 to the Office of ‘‘(ii) in the case of any other entity, to Emergency Economic Powers Act (50 U.S.C. Foreign Assets Control for fiscal year 2008, have interests representing at least 50 per- 1705) with respect to which enforcement ac- to support intelligence gathering, licensing, cent of the capital structure of the entity tion is pending or commenced on or after the compliance, and administrative activities as- held by another person. date of the enactment of this Act. sociated with the enforcement of sanctions ‘‘(D) FOREIGN PERSON.—The term ‘foreign against Sudan and persons operating in SEC. 7. REPORT ON AND PUBLIC DISCLOSURE OF Sudan. person’ means a person— ACTIVITIES IN THE PETROLEUM IN- (b) SUPPLEMENT NOT SUPPLANT.—Funds ap- ‘‘(i) in the case of an individual, who is an DUSTRY OF SUDAN. propriated pursuant to the authority of sub- alien; or (a) REPORT ON ACTIVITIES RELATING TO THE ‘‘(ii) in the case of a partnership, corpora- section (a) shall be used to supplement and PETROLEUM INDUSTRY OF SUDAN.— not supplant other amounts authorized to be tion, or other entity, that is organized under (1) IN GENERAL.—Not later than 90 days the laws of a foreign country or that has its appropriated for the Office of Foreign Assets after the date of the enactment of this Act, Control. principal place of business in a foreign coun- the Secretary of the Treasury, in consulta- try. SEC. 9. NOTIFICATION OF TERMINATION OF tion with the Secretary of State, the Sec- SANCTIONS. ‘‘(E) PERSON.— retary of Energy, and the Director of Na- (a) IN GENERAL.—Not later than 15 days ‘‘(i) IN GENERAL.—The term ‘person’ means tional Intelligence, shall prepare and submit after the date on which any sanction de- an individual, partnership, corporation, or to the appropriate congressional committees scribed in subsection (b) is terminated, the other entity, including a government or an a written report on the overall impact of President shall publish in the Federal Reg- agency of a government. economic sanctions on the Government of ister notice that such sanction has been ter- ‘‘(ii) EXCEPTION.—The term ‘person’ does Sudan and the crisis in Darfur. minated. not include— (2) CONTENTS OF REPORT.—The report re- (b) SANCTIONS DESCRIBED.—A sanction de- ‘‘(I) any person engaging solely in trans- quired by paragraph (1) shall include— scribed in this subsection is a sanction im- actions or activities in Sudan that are au- (A) the name of persons identified by the posed pursuant to— thorized or exempted pursuant to the Suda- Office of Foreign Assets Control as specially (1) the Darfur Peace and Accountability nese Sanctions Regulations (part 538 of title designated nationals; and Act of 2006 (Public Law 109–344; 50 U.S.C. 1701 31, Code of Federal Regulations); (B) the economic and political impact of note); ‘‘(II) foreign nongovernmental organiza- sanctions on the Government of Sudan. (2) the Comprehensive Peace in Sudan Act tions (except agencies of the Government of (3) FORM OF REPORT.—The report shall be of 2004 (Public Law 108–497; 50 U.S.C. 1701 Sudan) that— submitted in unclassified form, but may con- note);

VerDate Aug 31 2005 05:33 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.048 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7340 CONGRESSIONAL RECORD — SENATE June 7, 2007 (3) the Sudan Peace Act (Public Law 107– These proposed transfers would improve condition of the transfer of a vessel under 245; 50 U.S.C. 1701 note); the United States’ political and military re- this section, that the recipient to which the (4) the International Emergency Economic lationships with close allies. They would vessel is transferred have such repair or re- Powers Act (50 U.S.C. 1701 et seq.); support strategic engagement goals and re- furbishment of the vessel as is needed before (5) chapter 5 of title 31, Code of Federal gional security cooperation objectives. Ac- the vessel joins the naval forces of the recipi- Regulations; or tive use of former naval vessels by coalition ent performed at a shipyard located in the (6) any other provision of law, regulation, forces in support of regional priorities is United States, including a United States or executive order relating to Sudan. more advantageous than retaining vessels in Navy shipyard. SEC. 10. REPEAL. the Navy’s inactive fleet and disposing of (f) EXPIRATION OF AUTHORITY.—The author- Section 6305 of the U.S. Troop Readiness, them by scrapping or another method. ity to transfer a vessel under this section Veterans’ Care, Katrina Recovery, and Iraq The United States would incur no costs in Accountability Appropriations Act, 2007 transferring these naval vessels. The recipi- shall expire at the end of the 2-year period (Public Law 110–28) is repealed. ents would be responsible for all costs associ- beginning on the date of the enactment of ated with the transfers, including mainte- this Act. By Mr. BIDEN (for himself and nance, repairs, training, and fleet turnover Mr. LUGAR): costs. By Mr. FEINGOLD: S. 1565. A bill to provide for the This bill does not alter the effect of the Toxic Substances Control Act, or any other S. 1569. A bill to establish a pilot pro- transfer of naval vessels to certain for- law, with regard to their applicability to the gram on the provision of legal services eign recipients; to the Committee on transfer of ships by the United States to for- to assist veterans and members of the Foreign Relations. eign countries for military or humanitarian Mr. BIDEN. Mr. President, today, Armed Forces receive health care, ben- use. The laws and regulations that apply efits and services, and for other pur- Senator LUGAR and I are introducing today would apply in the same manner if the Naval Vessel Transfer Act of 2007, a this bill were enacted. poses; to the Committee on Veterans’ bill to permit the transfer of certain The Department of Defense estimates that Affairs. U.S. Navy vessels to particular foreign the sale of these vessels may net the United Mr. FEINGOLD. Mr. President, today States $52.7 million in fiscal year 2008. countries. All of the proposed ship I am introducing the Veterans Advo- transfer authorizations have been re- I ask unanimous consent that the cacy Act of 2007. This bill would create text of the bill be printed in the quested by the U.S. Navy, with the ap- a grant program for organizations pro- proval of the Office of Management and RECORD. There being no ojection, the text of viding pro bono legal representation to Budget. servicemembers and veterans to ensure Pursuant to section 824(b) of the Na- the bill was ordered to be printed in the RECORD, as follows: that they receive the health care and tional Defense Authorization Act for benefits to which they are entitled. Fiscal Year 1994, as amended, 10 U.S.C. S. 1565 7307(a), a naval vessel that is in excess Be it enacted by the Senate and House of Rep- The men and women of the Armed resentatives of the United States of America in Services have served this Nation hon- of 3,000 tons or that is less than 20 Congress assembled, years of age may not be disposed of to orably and deserve the best health care SECTION 1. SHORT TITLE. and benefits available. However, as re- another nation unless the disposition This Act may be cited as the ‘‘Naval Vessel of that vessel is approved by law en- Transfer Act of 2007’’. cent revelations about the extent of acted after August 5, 1974. The bill we SEC. 2. TRANSFER OF NAVAL VESSELS TO CER- bureaucratic delays at the Walter Reed are introducing today would provide TAIN FOREIGN RECIPIENTS. Army Medical Center demonstrate, that required approval for eight trans- (a) TRANSFERS BY GRANT.—The President is these brave individuals face a series of fers: two guided missile frigates and authorized to transfer vessels to foreign re- hurdles as they navigate the health cipients on a grant basis under section 516 of two minehunter coastal ships for Tur- the Foreign Assistance Act of 1961 (22 U.S.C. care and disability compensation proc- key; two minehunter coastal ships for 2321j), as follows: esses. Many of them are forced to turn Lithuania; and two minehunter coastal (1) TURKEY.—To the Government of Tur- to their representatives in Congress for ships for Taiwan. key— help cutting through the red tape. I The bill also contains provisions that (A) the OLIVER HAZARD PERRY class have heard from many military per- are traditionally included in ship guided missile frigates GEORGE PHILIP sonnel and veterans who are frustrated transfer bills, relating to transfer costs (FFG–12) and SIDES (FFG–14); and with the system or unaware of Federal (B) the OSPREY class minehunter coastal and repair and refurbishment of the health care and other benefits for ships, and exempting the value of a ship BLACKHAWK (MHC–58). (2) LITHUANIA.—To the Government of which they may be eligible. I regret vessel transferred on a grant basis from Lithuania, the OSPREY class minehunter that the system too often makes the the aggregate value of excess defense coastal ships CORMORANT (MHC–57) and burden of proving that a condition is articles in a given fiscal year. KINGFISHER (MHC–56). related to military service nearly in- The authority provided by this bill (b) TRANSFERS BY SALE.—The President is surmountable. Our men and women in would expire 2 years after the date of authorized to transfer vessels to foreign re- enactment of the bill. cipients on a sale basis under section 21 of uniform deserve the benefit of the Similar legislation was passed by the the Arms Export Control Act (22 U.S.C. 2761), doubt, and should not have to fight the Senate last year, but was objected to in as follows: Department of Defense or the Depart- the House of Representatives because (1) TAIWAN.—To the Taipei Economic and ment of Veterans Affairs for benefits of concern regarding the proposal to Cultural Representative Office of the United that they have earned through their States (which is the Taiwan instrumentality service to our Nation. transfer minehunter coastal ships. designated pursuant to section 10(a) of the That issue was also raised by Members Taiwan Relations Act (22 U.S.C. 3309(a))), the Numerous reports have detailed the of the Senate Armed Services Com- OSPREY class minehunter coastal ships range of administrative and legal hur- mittee, but members of that com- ORIOLE (MHC–55) and FALCON (MHC–59). dles injured servicemembers will face mittee were persuaded by the Execu- (2) TURKEY.—To the Government of Tur- when they return home. Service mem- tive branch that the transfers would key, the OSPREY class minehunter coastal bers returning with unprecedented not degrade U.S. Navy capabilities. We ship SHRIKE (MHC–62). (c) GRANTS NOT COUNTED IN ANNUAL TOTAL rates of post traumatic stress disorder, invite interested colleagues to let us OF TRANSFERRED EXCESS DEFENSE ARTI- PTSD, and traumatic brain injury, know if there is any residual concern CLES.—The value of a vessel transferred to a TBI, will struggle to get the medical among Members of the Senate, so that recipient on a grant basis pursuant to au- records they need to file benefits we can arrange for the Executive thority provided by subsection (a) or (c) shall claims. Those with severe TBI that branch to brief members and determine not be counted against the aggregate value does not show up on brain scans will if there is any objection to expeditious of excess defense articles transferred in any fiscal year under section 516 of the Foreign have an even harder time establishing passage of this bill. that they need compensation. Those Finally, the Department of Defense Assistance Act of 1961. (d) COSTS OF TRANSFERS.—Any expense in- with profound TBI may be prematurely has provided the following information curred by the United States in connection on this bill: relegated to care in a nursing home with a transfer authorized by this section when, with proper assistance, they may This bill would authorize the President to shall be charged to the recipient. grant transfer five excess naval vessels to (e) REPAIR AND REFURBISHMENT IN UNITED be fully capable of living independent Turkey and Lithuania and to sell three ex- STATES SHIPYARDS.—To the maximum extent lives in the community. The Govern- cess naval vessels to Taiwan and Turkey. practicable, the President shall require, as a ment Accountability Office reported

VerDate Aug 31 2005 06:55 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.048 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7341 that over 75 percent of servicemembers legal representation throughout the system is currently overwhelmed. I who screen positive for PTSD will not claim process. Judge Holdaway summa- have included a description of the as- be referred to a mental health profes- rized the need as follows: sistance that the protection and advo- sional. Members of the Guard and Re- If you get lawyers involved at the begin- cacy systems have been providing vet- serves face additional hurdles to gain ning, you can focus in on what is this case erans. This bill would help foster col- access to military doctors. This is un- about. I think you would get better records, laboration between lawyers with exper- acceptable. you would narrow the issue, there would be tise in veterans’ law and those with ex- screening . . . I think if we had lawyers in- I commend my colleagues for their pertise in disability law. support of increased funding for the volved at the beginning of these cases, it would be the single most fundamental I commend my colleagues who have military and veterans’ health care sys- change for the better that this system could offered bills to increase funding for the tems in the 2007 emergency supple- have. care of service members and veterans, mental. However, I am concerned that While the need for legal representa- to expand necessary benefits and to en- unless veterans have independent advo- tion in complicated cases is clear, I do sure that our military and veterans cates to ensure that they are receiving not believe that veterans should have health care systems offer the best care top notch care and that they are aware to pay for legal representation just to available. In order to ensure that serv- of the benefits to which they are enti- get the benefits they earned through ice members and veterans are able to tled, these additional funds may be their service. I have been troubled capitalize on these important reforms, mismanaged. Last November, the Gov- when I have heard that service mem- they need independent advocates who ernment Accountability Office re- bers are seeking expensive legal assist- can help them cut through the red ported that for the last two years the ance to help them overcome daunting tape. My bill would help expand the Department of Veterans Affairs has not administrative and legal hurdles. For- cadre of experienced advocates who expended all the funds allocated for tunately, there are legal service orga- will do just that. The bill has been en- mental health initiatives. My bill nizations and attorneys who are will- dorsed by the National Organization of would ensure that service members and ing to provide assistance to these serv- Veterans Advocates, the Vietnam Vet- veterans who have trouble accessing ice members and veterans free of erans of America and the Protection the care to which they are entitled will charge. The purpose of this bill is to and Advocacy System’s National Dis- have an advocate outside the chain of help these organizations get the train- ability Rights Network. command who can negotiate with the ing they need to help veterans and I ask unanimous consent that the Departments to ensure proper care. service members. text of the bill and supporting material In addition to helping ensure that The bill would establish a pilot pro- be printed in the RECORD. service members and veterans receive gram of one-year grants to organiza- There being no objection, material top notch care, my bill would help tions that have experience serving vet- was ordered to be printed in the service members and veterans over- erans or persons with disabilities. The RECORD, as follows: come legal barriers to obtaining bene- Veterans Administration will be S. 1569 fits. During the Veterans’ Affairs Com- charged with appointing a committee Be it enacted by the Senate and House of Rep- mittee’s hearing on benefits legisla- to disburse the grants. The committee resentatives of the United States of America in tion, Meredith Beck of the Wounded shall be composed of veterans and mili- Congress assembled, Warrior Project summarized the prob- tary service officers, veterans and dis- SECTION 1. SHORT TITLE. lem as follows: ‘‘In many of the cases ability legal service attorneys, and rep- This Act may be cited as the ‘‘Veterans we have seen, the creation of new bene- resentatives of the Department of Vet- Advocacy Act of 2007’’. fits wasn’t needed to aid the service erans Affairs employees and the De- SEC. 2. PILOT PROGRAM ON PROVISION OF member, rather, the wounded warrior partment of Defense. The Secretary of LEGAL ASSISTANCE TO ASSIST VET- ERANS AND MEMBERS OF THE just needed to have the existing bene- Veterans Affairs will be required to ARMED FORCES RECEIVE HEALTH fits systems better explained and un- submit a report to Congress on the CARE, BENEFITS, AND SERVICES. tangled in order to understand what number of individuals served and the (a) PILOT PROGRAM REQUIRED.— was available to them.’’ kinds of assistance they received as a (1) IN GENERAL.—The Secretary of Veterans Fortunately, service members and result of the pilot program. Affairs shall carry out a pilot program to as- veterans benefit from the services of a In order to avoid adding to our coun- sess the feasibility and advisability of uti- nationwide system of veterans and try’s sizable debt, the $1 million cost of lizing eligible entities to provide legal serv- ices to assist veterans and members of the military service organizations. How- this program is taken from the $3 bil- Armed Forces in applying for and receiving ever, the system is simply over- lion appropriated to the defense health health care, benefits, and services. whelmed. It will be further inundated program by the 2008 supplemental (2) CONSULTATION.—The Secretary of Vet- when the over 170,000 servicemembers spending bill. The grant program will erans Affairs shall carry out the pilot pro- deployed in Iraq and Afghanistan re- help ensure that these funds are spent gram in consultation with the Secretary of turn home. I want to be clear that the wisely. Defense. purpose of this legislation is to supple- Veterans and military service organi- (b) GRANTS.— ment the existing network of advocates zations that currently employ attor- (1) IN GENERAL.—The Secretary of Veterans neys will be eligible to receive the Affairs shall carry out the pilot program to ease the caseload of overburdened through the award of grants to eligible enti- service officers and allow them to grants either to provide legal services ties selected by the panel established in ac- spend more time per case helping vet- at no charge or to provide training to cordance with subsection (d)(1) for— erans and service members. other pro bono attorneys. The bill will (A) the provision of legal services at no Congress has a responsibility to sim- also help servicemembers and veterans cost to members of the Armed Forces and plify the system and ensure that it access the services of the federally veterans as described in subsection (a)(1); or gives service members and veterans the funded and mandated protection and (B) the provision of legal training to attor- benefit of the doubt when they seek as- advocacy system for persons with dis- neys of eligible entities on the health and sistance for service-connected disabil- abilities. This system has lawyers in benefits programs of the Department of De- fense and the Department of Veterans Af- ities. It is my hope that the majority every state who are trained to help fairs to facilitate the provision of legal serv- of veterans will not need legal rep- people with disabilities obtain the ben- ices described in subsection (a)(1). resentation. But the reality is that efits, health care and services they (2) AWARDING GRANTS.—Grants under this many veterans face unnecessary delays need to live independent lives. These subsection shall be awarded to eligible enti- and appeals of legitimate compensa- attorneys are uniquely qualified to, for ties selected pursuant to subsection (d) not tion claims that could be avoided if example, ensure that veterans with later than 180 days after the date of the en- there were enough advocates to ensure PTSD are properly diagnosed and actment of this Act. that every veteran’s case is carefully treated and to prevent those with TBI (3) NUMBER OF GRANTS.— (A) IN GENERAL.—The Secretary shall developed from the beginning. Several from being placed in nursing homes award 10 grants under the pilot program. judges of the Court of Appeals for Vet- when they are capable of living in the (B) STATE-DESIGNATED PROTECTION AND AD- erans Claims have described the impor- community. Many veterans have been VOCACY SYSTEMS.—Not less than five of the tance of ensuring that veterans have seeking out their assistance but the grants awarded under the pilot program

VerDate Aug 31 2005 06:30 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.057 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7342 CONGRESSIONAL RECORD — SENATE June 7, 2007 shall be awarded to State-designated protec- scribed in subparagraphs (A) and (B) of this The California P&A represented residents tion and advocacy systems. paragraph. of a veteran’s hospital who had been denied (4) GRANT AMOUNT.—The amount of each (e) REPORT.—Not later than one year after access to voter registration services. The grant awarded under the pilot program shall the date described in subsection (b)(2), the issue arose after it was learned that a VA be determined by the selection panel de- Secretary of Veterans Affairs shall submit to Medical Center was refusing to allow advo- scribed in subsection (d)(1), except that each the Committee on Veterans’ Affairs of the cates for people with disabilities to conduct such grant may not be awarded in an amount Senate and the Committee on Veterans’ Af- voter registration on the campus. In addi- that— fairs of the House of Representatives a re- tion, some residents were not being per- (A) exceeds $100,000; or port on the pilot program required by sub- mitted to register, regardless of their com- (B) is less than $25,000. section (a), including the following: petence. Ultimately, the VA reversed its po- (5) DURATION.—The duration of any grant (1) The number of veterans and members of sition and allowed voter registration on the awarded under the pilot program may not the Armed Forces that received assistance or medical campus. exceed one year. services from such pilot program. COLORADO (6) AVOIDANCE OF FRIVOLOUS BENEFIT (2) A description of the assistance and serv- The Colorado P&A is coordinating with an CLAIMS.—An eligible entity that receives a ices provided as part of such pilot program. grant under this subsection shall make rea- Army caseworker to help veterans with dis- (f) DEFINITIONS.—In this section: abilities make the transition back into the sonable efforts to avoid representing vet- (1) STATE-DESIGNATED PROTECTION AND AD- erans and members of the Armed Forces with community. They also offered voter registra- VOCACY SYSTEM.—The term ‘‘State-des- tion at the Denver Veterans Affairs Medical respect to frivolous benefits claims. ignated protection and advocacy system’’ (c) ELIGIBLE ENTITIES.—For purposes of Center to help ensure returning veterans means a system established in a State to maintain their right to vote. this subsection, an eligible entity is any en- protect the legal and human rights of indi- tity or organization, including a State-des- viduals with developmental disabilities in GEORGIA ignated protection and advocacy systems, accordance with subtitle C of the Develop- The Georgia P&A has been working with that— mental Disabilities Assistance and Bill of veterans with disabilities who are encoun- (1) is not part of the Department of Vet- Rights Act of 2000 (42 U.S.C. 15041 et seq.). tering problems returning to work. They erans Affairs or the Department of Defense; (2) VETERANS SERVICE ORGANIZATION.—The have also reached out to the people running and term ‘‘veterans service organization’’ means a program demonstrating how veterans with (2) provides legal services by licensed at- any organization organized by the Secretary poly-trauma, TBI, Post Traumatic Stress torneys with experience assisting veterans, of Veterans Affairs for the representation of Disorder, PTSD, and other mental health members of the Armed Forces, or persons veterans under section 5902 of title 38, United issues can return to work and how the P&A with disabilities. States Code. system could be a great resource for these (d) SELECTION OF GRANT RECIPIENTS.— (g) FUNDING.—Of amounts appropriated for veterans. (1) SELECTION BY PANEL.— ‘‘Defense Health Program’’ in the U.S. Troop HAWAII (A) IN GENERAL.—Each application sub- mitted under paragraph (2) shall be evalu- Readiness, Veterans’ Care, Katrina Recov- The Hawaii P&A has been a featured ated by a panel appointed by the Secretary ery, and Iraq Accountability Appropriations speaker at the military families Children’s for purposes of the pilot program. The panel Act, 2007 (Public Law 110–28), $1,000,000 shall Community Council on Oahu and continues shall select eligible entities for receipt of be available for fiscal year 2008 to carry out to assist an ever growing number of military grants under subsection (b) from among the the provisions of this section and not for the families who have children with special edu- applications so evaluated. purposes for which appropriated by such Act. cation needs. The Hawaii P&A has also done (B) MEMBERSHIP OF PANEL.—Members of Any amount made available by this sub- outreach to a wide group of military service the panel shall be appointed in equal num- section shall remain available without fiscal programs on the island regarding benefits bers from among individuals as follows: year limitation. and services they can provide to veterans (i) Officers and employees of the Depart- who have suffered a TBI. They have also ment of Veterans Affairs. EXAMPLES OF THE PROTECTION AND ADVOCACY formed a collaboration with the Christopher (ii) With the approval of the Secretary of (P&A) SYSTEM’S INTERACTION WITH VETERANS Reeves Foundation to help with the Founda- Defense, officers and employees of the De- ALASKA tion’s work with returning veterans from partment of Defense. The Alaska P&A has been visiting the VA Iraq that have been diagnosed with a TBI. (iii) Representatives of veterans service or- Domiciliary, a 50-bed domiciliary residential ILLINOIS ganizations. rehabilitation treatment program for home- The Illinois P&A has provided training and (iv) Representatives of organizations that less veterans, to provide information on information to VA staff and also met with provide services to members of the Armed their services and has begun to provide advo- VA hospital social workers and administra- Forces. cacy and services to a number of veterans tive staff to provide training and informa- (v) Attorneys that represent veterans. with disabilities. They have been averaging tion to help veterans with disabilities make (vi) Attorneys employed by a State-des- 15–20 appointments at the facility a month. the transition from VA care to the commu- ignated protection and advocacy system. The advocacy assistance the Alaska P&A nity. (2) APPLICATION.—An eligible entity seek- provided has encompassed activities directed The Illinois P&A has also helped a veteran ing a grant under the pilot program shall at obtaining and/or maintaining housing, se- who was in a Veteran’s Home integrate into submit to the Secretary of Veterans Affairs curing government benefits, SSI, Medicaid, the community following a stroke. The Illi- an application therefor in such form and in and working with individuals seeking em- nois P&A worked in conjunction with the such manner as the Secretary considers ap- ployment accommodations. local center for independent living to assist propriate. The Alaska P&A has also developed and the client in finding his own apartment and (3) ELEMENTS.—Each application submitted disseminated a resource guide about edu- getting a personal care attendant to address under paragraph (2) shall include the fol- cational supports for people with Traumatic his support needs. lowing: Brain Injury, TBI. IOWA (A) In the case of an eligible entity apply- ARIZONA ing for a grant under subsection (b)(1)(A), the The Iowa P&A has received a number of in- The Arizona P&A has partnered with a following: dividual contacts from veterans in Iowa’s VA case manager in a veterans group to work (i) A description of the population of mem- Hospitals seeking help accessing veterans’ with returning veterans with disabilities and bers of the Armed Forces and veterans to be benefits and services as well as community help them obtain the services and benefits provided assistance. programs. Their staff has encountered a vari- they deserve. The Arizona P&A has worked (ii) A description of the outreach to be con- ety of challenges while attempting to meet to ensure voting access for veterans with dis- ducted by the eligible entity concerned to directly with a client in a VA hospital. abilities in Arizona. notify members of the Armed Forces and The Iowa P&A also worked with an indi- The Arizona P&A also cosponsored a day- veterans of the availability of such assist- vidual who had concerns that if he returned long conference in collaboration with the ance. to work that he would lose his Social Secu- Governor’s Council on Spinal Cord and Head (B) In the case of an eligible entity apply- rity benefits. The Protection and Advocacy Injuries on TBI to provide information on ing for a grant under subsection (b)(1)(B), the for Beneficiaries of Social Security, PABSS, benefits and services individuals, including following: advocate explained that he had options veterans, who have suffered a TBI are eligi- (i) A description of the population of attor- available without immeadiately losing his ble to receive. neys to be provided training. benefits and he was eventually able to reen- (ii) A description of the outreach to be con- CALIFORNIA ter the workforce in a situation he was com- ducted by the eligible entity concerned to A peer/self advocacy coordinator in the fortable with. notify attorneys of the availability of such San Diego P&A office holds weekly training KANSAS training. and information sessions with veterans. One The Kansas P&A has been providing infor- (C) In the case of an eligible entity apply- of the sessions occurs at the P&A’s office mation and training to the staff and vet- ing for a grant under subparagraphs (A) and while the other takes place at the VA facil- erans at the Kansas VA facilities and is (B) of subsection (b)(1), the elements de- ity. working on outreach to the Kansas veterans

VerDate Aug 31 2005 06:30 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.043 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7343 groups to provide information and assistance tary, but was discharged after suffering a provide information on community services to help veterans with disabilities make the TBI. This veteran needed help obtaining available to returning veterans with disabil- transition back to the community. services in order to build a new career. The ities. The Kansas P&A also worked to help a vet- Missouri P&A helped him identify afford- NORTHERN MARIANAS eran successfully move from a VA nursing able, accessible housing and arranged accom- The Northern Marianas P&A has been facility back into the community. Addition- modations from the school, VA and voca- working closely with the Office of Military ally, they are helping a veteran who was au- tional rehabilitation as he embarks on train- Liaison on training and technical assistance thorized by the VA to have a surgery at a ing for his new career. to help address the needs of returning vet- university medical center. He suffered com- MONTANA erans with disabilities. plications from the surgery which required The Montana P&A had a veteran with a OHIO additional hospitalization and the P&A is TBI who needed assistance getting the The Ohio P&A represented a 44-year-old working to get the VA to pay for the schools he was attending for his degree to veteran who, while in treatment for mental follow†up treatments related to the com- better coordinate the Montana Vocational illness, was threatened with eviction by his plications. Rehabilitation and VA benefits he was re- HUD-subsidized landlord. Compounding the KENTUCKY ceiving in order to afford his education. The problem, the VA withdrew the client’s com- The Kentucky P&A has done outreach to Montana P&A was able to work out an agree- munity services funding for a home health the Kentucky Veterans Affairs Office, the ment so that the institutions accepted pay- aide, which the client required. The Ohio Joint Executive Council of Veterans, as well ments from both sources so the veteran did P&A worked with the client’s HUD landlord, as to all the state’s Veterans Centers, and all not have any out-of-pocket cost for his tui- multiple provider agencies, the VA commu- the state chapters of the Disabled American tion. nity services nurse, VA case workers, the VA Veterans. NEBRASKA ombudsman, the VA psychologist, and the VA attorney regarding client’s service needs LOUISIANA The Nebraska P&A has initiated contact and his legal rights related to his disability. The Louisiana P&A helped a client suc- with the County Veteran Service Officers Ultimately, the client’s landlord agreed to cessfully appeal a denial from the VA to pay group in Nebraska and the local VFW and withdraw eviction threat and the VA re- a private hospital for in-patient mental American Legion representatives. They re- stored funding for a home health aide. health treatment. They then had to rep- cently made a presentation at the County resent the same client when the hospital Veteran Service Officers group’s annual PENNSYLVANIA tried to collect the remaining balance. The meeting about the P&A system. Their goal is The Pennsylvania Protection and Advo- Louisiana P&A was able to show that the to not supplant their work assisting veterans cacy system organized a Brain Injury Aware- hospital is barred from collecting additional within the VA system but to be a resource ness Day at the Lebanon and Coatesville funds from a patient whose care was paid for for veterans with disabilities who are return- Veterans Administration Medical Centers for under a VA contract. With the help of the ing to their communities and their families. staff and veterans. Following the success of this event, the Pennsylvania P&A was in- Louisiana P&A, the veteran was able to re- NEVADA ceive appropriate mental health services and vited back for a day of in-service staff train- The Nevada P&A has been providing infor- afforded protection from the hospital’s ille- ing and technical assistance at the Lebanon mation and training to veterans family sup- gal collection efforts. facility. port groups and an organization working At that time, the Pennsylvania P&A hopes MAINE with homeless veterans on the services and to meet the veterans and see who would like The Maine P&A has had meetings with the benefits available for veterans with disabil- advocacy assistance. They feel this is espe- Director of the State VA Services in order to ities. cially needed because VA staff and the vet- identify benefits and services available to NEW HAMPSHIRE erans need to be connected with and aware of veterans with disabilities and their families The New Hampshire P&A has attempted to the community-based services they can ac- after the veteran is discharged from the VA. carry out the external advocacy activities as cess and use. They have also provided trainings and infor- The Pennsylvania P&A has also success- set forth in the VA handbook, but so far has mation to National Guard units in the State fully worked for a veteran who had suffered been unable to do so because of resistance of about the resources that are available for a service-connected brain injury which left the VA staff. veterans with disabilities. him unable to walk or perform activities of NEW JERSEY MASSACHUSETTS daily living on his own. The VA ratings The New Jersey P&A has been working board contested that he is 100 percent dis- The Massachusetts P&A had a case of a with two veterans on employment related abled, and refused to offer special compensa- former marine sergeant who had suffered issues. One is an employment discrimination tion. The Pennsylvania P&A helped the vet- partial hemiparesis and a TBI. This affected complaint, and the other one is a complaint eran obtain the necessary documentation to his ability to speak and forced him to com- against the Division of Vocational Rehabili- connect the brain injury to his physical dis- municate with gestures and a special set of tative Services within the New Jersey De- abilities so that special compensation could picture cards. This type of communication partment of Labor for services needed. The be provided. created problems and misunderstanding at New Jersey P&A has also been holding his job, and his eventual termination. The RHODE ISLAND trainings and providing information to VA Massachusetts P&A was able to work with The Rhode Island P&A has formed an in- hospitals in the State as well as family sup- his employer to find him another job within ternal veterans’ outreach work group which port groups and the National Guard. the company. has met with individual veterans organiza- NEW YORK tions in the State and has participated in the MICHIGAN The New York P&A has been working with State’s ‘‘Veterans Task Force of Rhode Is- The Michigan P&A has been working on a the New York State Department of Health to land’’, providing information and training on variety of issues involving veterans, includ- identify and address the needs of veterans re- the benefits and services available to vet- ing access to polling facilities and voting turning from Iraq and Afghanistan who have erans with disabilities. booths, public transportation systems, and brain injuries and their families. They have SOUTH CAROLINA community projects. They also worked to also been working to create a primary advi- address community reintegration issues The South Carolina P&A has provided sory board comprised of veterans groups and faced by a veteran in a VA facility far from training and technical assistance to adminis- health groups to help address the needs of his home when he became eligible for dis- trative staff at the Richard M. Campbell Vet- veterans with disabilities. Finally, the New charge. The P&A’s work allowed the veteran erans Nursing Home in Anderson, SC. The York P&A has taken calls and emails from to return to his home community. training focused on the legal rights of people veterans and their families to provide them with disabilities, including veterans. MINNESOTA assistance through every P&A program. SOUTH DAKOTA The Minnesota P&A has held trainings For example, the New York P&A rep- The South Dakota P&A has been estab- with the National Alliance on Mental Illness, resented a veteran in a disability claim on lishing contact with VA medical centers, NAMI, at VA hospitals in the State con- referral from the Clinton County Veteran outpatient clinics, and a VA sponsored sup- cerning benefits and services for veterans Services office. Among other things, this port group for veterans to provide informa- with disabilities. They have also been con- veteran had cognitive problems caused by a tion about available resources. They also tacted by some veterans with disabilities to buildup of fluid on his brain. Through the participate in the Veterans’ Services Offi- help get the benefits and services they re- New York P&A’s work, his claim was al- cers’ Congressional Forum. The South Da- quire. For example, the Minnesota P&A as- lowed after a hearing. kota P&A shares the same concern that the sisted a veteran with a TBI move from a NORTH DAKOTA Pennsylvania P&A has that beyond its State hospital back to her home with needed The North Dakota P&A has worked with health care services the VA does not provide community supports. the North Dakota Legislature on state legis- a lot of community-based services other than MISSOURI lation to help veterans with disabilities, and vocational. As a result, they have been work- The Missouri P&A worked with a man who has held a Statewide training session to ing with the patient advocate at the VA hos- had spent much of his adult life in the mili- learn more about the VA system as well as pital to help veterans with disabilities make

VerDate Aug 31 2005 06:30 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.057 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7344 CONGRESSIONAL RECORD — SENATE June 7, 2007 the transition into long-term care and hous- of Veterans Affairs and worked with a num- national transportation network. A few ing following discharge from the VA hos- ber of veterans’ service organizations and ‘‘bad actors’’ have jeopardized commer- pital. the VA on staff training sessions and out- cial aviation for entire regions by sub- TEXAS reach to veterans with disabilities. mitting low-ball contracts to the De- The Texas P&A has been working on sev- WISCONSIN partment of Transportation and then eral cases for veterans with disabilities to The Wisconsin P&A has provided training reneging on their commitment to the access VA services. One of the cases was a and information to the State Veterans Ad- extent and quality of their service. Our veteran living in a State hospital that had ministration, as well as veterans with dis- her lump-sum VA benefits unlawfully taken abilities. These trainings address the bar- bill will not only establish a system of by the hospital without her knowledge or riers veterans with disabilities, who also re- minimum requirements for contracts consent and applied retroactively to pay for ceive Social Security benefits, face, as well to protect these small cities that rely her support, maintenance, and treatment as suggest possible solutions. on EAS, but it will also extend those while she was at the state hospital. The WYOMING contracts to 4 years from the current 2. Texas P&A was able to recover these funds The Wyoming P&A has been working with This gives a heightened degree of sta- and arrange for a new representative payee the National Guard State Family Assistance bility in terms of air service, rather for the client. Center to address the needs of returning Na- than having communities negotiating UTAH tional Guard members with disabilities. new contracts or receiving service from The Utah P&A has been providing training They also attend the Inter-Service Family entirely new carriers every 18 months. and information at the VA facilities in Utah Assistance Committee meeting where they In closing, the truth is, everyone ben- on the resources, services, and benefits that gave presentation on P&A services and dis- efits when our Nation is at its strong- exist for veterans that have suffered a TBI. tributed information packets. The Wyoming P&A has also been helping military families est economically. Most importantly in VERMONT at bases located in Wyoming with matters this case, greater prosperity every- The Vermont P&A has held trainings at related to special education. where, including in rural America, will, the White River Junction VA facility for in the long run, mean more passengers staff and veterans. They are also in the By Ms. SNOWE (for herself, Mr. midst of presenting veterans, National for the airlines. Therefore, it is very BINGAMAN, Mr. HAGEL, and Mr. Guard, and family groups information about much in our national interests to en- TBI resources at four sites around the State. NELSON of Nebraska): sure that every region has reasonable They have also collaborated with personnel S. 1571. A bill to reform the essential access to air service. That is why I at the VA to support a project to identify air service program, and for other pur- strongly believe the Federal Govern- veterans who are inmates who might qualify poses; to the Committee on Commerce, ment has an obligation to fulfill the for benefits upon release. Science, and Transportation. commitment it made to these commu- They have also recently been contacted Ms. SNOWE. Mr. President, I rise nities in 1978; to safeguard their ability about three issues they are pursuing on be- today to join my colleagues, Senators half of veterans with disabilities. One is a to continue commercial air service. BINGAMAN, HAGEL, and NELSON of Ne- veteran in the psychiatric unit at Rutland Mr. BINGAMAN. Mr. President, I Regional Medical Center who had been braska to introduce the bipartisan wish today to join with my colleague, turned down for VA care. Another case is a Rural Aviation Improvement Act. I am Senator SNOWE to introduce the bipar- veteran at the VA who had concerns about proud to join my colleagues, each one a tisan Rural Aviation Improvement Act. his medications. The third case is a woman steadfast and resolute guardian of com- Senator SNOWE has been a longtime veteran from the Northeast Kingdom who mercial aviation service to all commu- champion of commercial air service in has a mental health issue, referred from the nities, particularly rural areas that rural areas, and I applaud her contin- Mental Health unit at the VA. would otherwise be deprived of any air ued leadership on this important legis- VIRGINIA service. lation. The Virginia P&A, to the extent they are I have always believed that reliable One of the goals of our bill is to pre- being allowed to, are providing education air service in our Nation’s rural areas serve and improve the Essential Air and advocacy services at Virginia’s VA fa- is not simply a luxury or a conven- Service Program. Congress established cilities. ience. It is an imperative. All of us who the Essential Air Service Program in WASHINGTON come from rural States know how crit- 1978 to ensure that communities that The Washington Protection & Advocacy ical aviation is to economic develop- had commercial air service before air- System has investigated allegations of abuse ment, vital to move people and goods line deregulation would continue to re- and neglect at a veterans’ inpatient mental to and from areas that may otherwise health facility, advocated for veterans with ceive scheduled service. The Essential Post-Traumatic Stress Disorder to maintain have dramatically limited transpor- Air Service Program currently ensures vital mental health services, and assisted tation options. Quite frankly, I have commercial air service to over 100 com- veterans seeking access to outpatient VA long held serious concerns about the munities in 35 States. EAS supports an mental health services. They have also advo- impact deregulation of the airline in- additional 39 communities in Alaska. cated for veterans regarding assistive tech- dustry has had on small and medium Without EAS, many rural communities nology and Tricare coverage. In addition, size cities in rural areas, like Maine. would have no commercial air service they have provided information and referrals That fact is, since deregulation, many at all. I believe our bill makes a num- to veterans on issues of housing, access to small and medium-size communities, medical care, employment, guardianship, ber of important improvements to EAS and the VA appeal and grievance procedures. in Maine and elsewhere, have experi- to ensure rural communities continue One of those cases was a veteran who re- enced a decrease in flights and size of to have the commercial air service ceived physical and mental health services aircraft while seeing an increase in that is so vital to their futures. from the VA but wanted to be able to choose fares. More than 300 have lost air serv- Our bill also extends through 2011 the who his mental health provider would be. He ice altogether. Department of Transportation’s au- was initially told that if he changed mental This legislation will serve to improve thority to provide grants to cities health providers, he would lose his other the Essential Air Service program. Ad- under the Small Community Air Serv- healthcare services. The Washington P&A ditional resources will augment the re- ice Development Program, which was provided the veteran with self-advocacy sources available to the program, re- strategies about how to request his preferred first established in 2000. The program service, how to go through the chain of com- ducing the impact on the general fund helps rural communities establish new mand, and how to utilize his supporters. Ul- while providing small communities air service or to promote and improve timately, the veteran was allowed to change with a greater degree of certainty when their existing air service. Since it was his mental health provider without threat- planning future improvements to their first enacted, a number of New Mexico ening his other healthcare services. airports. The bill also gives those same communities have won grants, includ- In 2005, the Washington P&A system cre- communities a greater role in retain- ing most recently Gallup in 2006. ated a project to conduct outreach to under- ing and determining the sort of air All across America, small commu- served veterans with disabilities. This nities face ever-increasing hurdles to project focused on issues of access to benefits service which they receive. and assistance, housing, employment, and Increasingly, the Essential Air Serv- promoting their economic growth and assistive technology issues. They have also ice program has been plagued with a development. Today, many rural areas attended a variety of assistance fairs con- decline in the number of airlines will- lack access to interstate or even four- ducted by the Washington State Department ing to provide this critical link to the lane highways, railroads, or broadband

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.061 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7345 telecommunications. Business develop- emotional or behavioral disorder. Of retain mental health professionals pro- ment in rural areas frequently hinges these, roughly 20,000 have serious dis- viding direct clinical care, and to help on the availability of scheduled air turbances that impair their ability to create, expand, and improve programs service. For small communities, com- fulfill the demands of everyday life. In to train child mental health profes- mercial air service provides a critical 2001, there were a total of 44 child and sionals. It provides loan repayments link to the national and international adolescent psychiatrists in the entire and scholarships for child mental transportation system. I do believe State of New Mexico. The impact of health and school-based service profes- Congress must help ensure that afford- this shortage on the affected children sionals as well as internships and field able, reliable, and safe air service re- and their communities is dis- placements in child mental health mains available in rural America. concerting. Research shows that chil- services and training for paraprofes- The Senate Commerce Committee dren with untreated emotional and be- sionals who work in children’s mental and its Aviation Subcommittee are havioral disorders are at higher risk health clinical settings. The bill also well along in developing a reauthoriza- for school failure and dropping out of provides grants to graduate schools to tion of aviation programs this year. I school, violence, drug abuse, suicide, help develop and expand child and ado- look forward to working with my col- and criminal activity. For New Mexico lescent mental health programs. It re- leagues Chairmen INOUYE and ROCKE- youth, the suicide rate is twice the na- stores the Medicare Graduate Medical FELLER and Ranking Members STEVENS tional average, the fourth highest in Education Program for child and ado- and LOTT to improve commercial air the nation, and the third leading cause lescent psychiatrists and extends the service programs for rural areas. I be- of death. By one estimate, roughly one board eligibility period for residents lieve our bill is one important step in in seven youth in New Mexico deten- and fellows from 4 years to 6 years. that process. tion centers are in need of mental Across all mental health professions, health treatment that is just not avail- priority for loan repayments, scholar- By Mr. BINGAMAN (for himself, able. ships, and grants is given to individ- Ms. COLLINS, Mr. LEAHY, Mr. New Mexico is not alone in its strug- uals and programs serving children and DURBIN, Mr. REED, Mr. HARKIN, gle to address the needs of these chil- adolescents in high-need areas. Ms. STABENOW, Mr. DODD, and dren. Nationwide, over 1600 urban, sub- Finally, The Child Health Care Crisis Mr. SANDERS): urban, and rural communities have Relief Act of 2007 requires the Sec- S. 1572. A bill to increase the number been designated Mental Health Profes- retary to prepare a report on the dis- of well-trained mental health service sional Shortage Areas by the Federal tribution and need for child mental health and school-based professionals, professionals (including those based in Government due to their severe lack of including disparities in the availability schools) providing clinical mental psychiatrists, psychologists, social of services, on a State-by-State basis. health care to children and adoles- workers, and other professionals to This report will help Congress more cents, and for other purposes; to the serve children and adults. Rural areas clearly ascertain the mental health Committee on Health, Education, are especially hard hit. For example, in workforce needs that are facing our Labor, and Pensions. New Mexico there is one psychiatrist Mr. BINGAMAN. Mr. President, the Nation. per 20,000 residents in rural areas, I ask unanimous consent that the landmark 1999 Surgeon General’s re- whereas in urban areas there is one per text of the bill and my statement be port on mental health brought a hidden 3000 residents. In rural and frontier printed in the RECORD. I also ask unan- mental health crisis to the attention of counties, it is not unusual for the par- imous consent that the appended letter the U.S. public. According to that re- ents of a child in need of services to from the Mental Health Liaison Group, port, 13.7 million children in our coun- travel 60 to 90 miles to reach the near- representing 40 national professional try—about one in five—suffer from a est psychiatrist, psychologist, or other and mental health advocacy organiza- diagnosable emotional or behavioral mental health provider. In States like tions in support of The Child Health disorder. Such disorders as Anxiety Alaska and Wyoming, the distance may Care Crisis Relief Act of 2007, be print- Disorders, Attention-Deficit/Hyper- be even farther. ed in the RECORD. activity Disorder, and Depression are Finally, graduate programs providing There being no objection, material among the most common in this age the vital pipeline for the child mental was ordered to be printed in the group. Yet more than two-thirds of health workforce have not sufficiently RECORD, as follows: these children do not receive any treat- increased their funding, class sizes, and S. 1572 ment. Long waiting lists for children training programs to meet the ever Be it enacted by the Senate and House of Rep- seeking services, including those in cri- growing need for these specialists. In resentatives of the United States of America in sis, are not uncommon. The primary the U.S., only 300 new child and adoles- Congress assembled, reason is that severe shortages exist in cent psychiatrists are trained each SECTION 1. SHORT TITLE. qualified mental health professionals, year, despite projections by the Bureau This Act may be cited as the ‘‘Child Health including child psychiatrists, psycholo- of Health Professions that the shortage Care Crisis Relief Act of 2007’’. gists, social workers, and counselors. of child and adolescent psychiatrist SEC. 2. FINDINGS. The President’s New Freedom Commis- will grow to 4,000 by the year 2020. Fed- The Congress finds the following: (1) The Center for Mental Health Services sion on Mental Health also found that eral grant funding for graduate psy- estimates that 20 percent or 13,700,000 of the ‘‘the supply of well-trained mental chology education has also been sig- Nation’s children and adolescents have a health professionals is inadequate in nificantly reduced in the past two diagnosable mental disorder, and about 2⁄3 of most areas of the country . . . par- years, which could reduce the numbers these children and adolescents do not receive ticular shortages exist for mental of child and adolescent psychologists mental health care. health providers who serve children, entering the profession. (2) According to ‘‘Mental Health: A Report adolescents, and older Americans.’’ The Clearly something needs to be done of the Surgeon General’’ in 1999, there are situation is no better in our public to address this serious shortage in approximately 6,000,000 to 9,000,000 children mental health professionals to meet and adolescents in the United States (ac- schools, where children’s mental health counting for 9 to 13 percent of all children needs are often first identified. Accord- the growing needs of our Nation’s and adolescents in the United States) who ing to the National Center for Edu- youth. It is for this reason that I rise meet the definition for having a serious emo- cation Statistics within the Depart- today with my colleagues Senator COL- tional disturbance. ment of Education, there are approxi- LINS of Maine, Senator LEAHY of (3) According to the Center for Mental mately 479 students for each school Vermont, Senator DURBIN of Illinois, Health Services, approximately 5 to 9 per- counselor in U.S. schools, nearly twice Senator REED of Rhode Island, Senator cent of United States children and adoles- the recommended ratio of 250 students HARKIN of Iowa, Senator STABENOW of cents meet the definition for extreme func- tional impairment. Michigan, Senator DODD of Con- for each counselor. (4) According to the Surgeon General’s Re- The situation in my home State of necticut, and Senator SANDERS of port, there are particularly acute shortages New Mexico is a case in point. Esti- Vermont to offer The Child Health in the numbers of mental health service pro- mates suggest that 56,000 children and Care Crisis Relief Act of 2007. This bill fessionals serving children and adolescents adolescents in New Mexico have an creates incentives to help recruit and with serious emotional disorders.

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(5) According to the National Center for ‘‘(2) ELIGIBLE INDIVIDUAL.—For purposes of ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— Education Statistics in the Department of this section, the term ‘eligible individual’ There is authorized to be appropriated to Education, there are approximately 479 stu- means an individual who— carry out this subsection $10,000,000 for each dents for each school counselor in United ‘‘(A) is receiving specialized training or of fiscal years 2008 through 2012. States schools, which ratio is almost double clinical experience in child and adolescent ‘‘(b) SCHOLARSHIPS FOR STUDENTS STUDYING the recommended ratio of 250 students for mental health in psychiatry, psychology, TO BECOME CHILD AND ADOLESCENT MENTAL each school counselor. school psychology, behavioral pediatrics, HEALTH SERVICE PROFESSIONALS.— (6) According to the Bureau of Health Pro- psychiatric nursing, social work, school so- ‘‘(1) ESTABLISHMENT.—The Secretary, act- fessions in 2000, the demand for the services cial work, marriage and family therapy, ing through the Administrator of the Health of child and adolescent psychiatry is pro- school counseling, or professional counseling Resources and Services Administration, may jected to increase by 100 percent by 2020. and has less than 1 year remaining before establish a program to award scholarships on (7) The development and application of completion of such training or clinical expe- a competitive basis to eligible students who knowledge about the impact of disasters on rience; or agree to enter into full-time employment (as children, adolescents, and their families has ‘‘(B)(i) has a license or certification in a described in paragraph (4)(C)) as a child and been impeded by critical shortages of quali- State to practice allopathic medicine, osteo- adolescent mental health service profes- fied researchers and practitioners special- pathic medicine, psychology, school psy- sional after graduation or completion of a chology, psychiatric nursing, social work, izing in this work. residency or fellowship. school social work, marriage and family (8) According to the Bureau of the Census, ‘‘(2) ELIGIBLE STUDENT.—For purposes of therapy, school counseling, or professional the population of children and adolescents in this subsection, the term ‘eligible student’ counseling; and the United States under the age of 18 is pro- means a United States citizen or a perma- ‘‘(ii)(I) is a mental health service profes- jected to grow by more than 40 percent in nent legal United States resident who— sional who completed (but not before the end the next 50 years from 70 million to more ‘‘(A) is enrolled or accepted to be enrolled of the calendar year in which this section is than 100 million by 2050. in an accredited graduate program that in- enacted) specialized training or clinical ex- (9) There are approximately 7,000 child and cludes specialized training or clinical experi- perience in child and adolescent mental adolescent psychiatrists in the United ence in child and adolescent mental health health described in subparagraph (A); or States. Only 300 child and adolescent psychi- in psychology, school psychology, psy- atrists complete training each year. ‘‘(II) is a physician who graduated from (but not before the end of the calendar year chiatric nursing, behavioral pediatrics, so- (10) According to the Department of Health cial work, school social work, marriage and and Human Services, minority representa- in which this section is enacted) an accred- ited child and adolescent psychiatry resi- family therapy, school counseling, or profes- tion is lacking in the mental health work- sional counseling and, if enrolled, has an ac- force. Although 12 percent of the United dency or fellowship program in the United States. ceptable level of academic standing (as de- States population is African-American, only termined by the Secretary); or 2 percent of psychologists, 2 percent of psy- ‘‘(3) ADDITIONAL ELIGIBILITY REQUIRE- MENTS.—The Secretary may not enter into a ‘‘(B)(i) is enrolled or accepted to be en- chiatrists, and 4 percent of social workers rolled in an accredited graduate training are African-American providers. Moreover, contract under this subsection with an eligi- ble individual unless— program of allopathic or osteopathic medi- there are only 29 Hispanic mental health pro- ‘‘(A) the individual is a United States cit- cine in the United States and, if enrolled, fessionals for every 100,000 Hispanics in the izen or a permanent legal United States resi- has an acceptable level of academic standing United States, compared with 173 non-His- dent; and (as determined by the Secretary); and panic white providers per 100,000. ‘‘(B) if the individual is enrolled in a grad- ‘‘(ii) intends to complete an accredited (11) According to a 2006 study in the Jour- uate program (including a medical residency residency or fellowship in child and adoles- nal of the American Academy of Child and or fellowship), the program is accredited, cent psychiatry or behavioral pediatrics. Adolescent Psychiatry, the national short- and the individual has an acceptable level of ‘‘(3) PRIORITY.—In awarding scholarships age of child and adolescent psychiatrists af- academic standing (as determined by the under this subsection, the Secretary shall fects poor children and adolescents living in Secretary). give— rural areas the hardest. ‘‘(4) PRIORITY.—In entering into contracts ‘‘(A) highest priority to applicants who (12) According to the National Center for under this subsection, the Secretary shall previously received a scholarship under this Mental Health and Juvenile Justice, 70 per- give priority to applicants who— subsection and satisfy the criteria described cent of youth involved in State and local ju- ‘‘(A) are or will be working with high-pri- in subparagraph (B); and venile justice systems throughout the coun- ority populations; ‘‘(B) second highest priority to applicants try suffer from mental disorders, with at ‘‘(B) have familiarity with evidence-based who— least 20 percent experiencing symptoms so methods and cultural competence in child ‘‘(i) demonstrate a commitment to work- severe that their ability to function is sig- and adolescent mental health services; ing with high-priority populations; nificantly impaired. ‘‘(C) demonstrate financial need; and ‘‘(ii) have familiarity with evidence-based SEC. 3. LOAN REPAYMENTS, SCHOLARSHIPS, AND ‘‘(D) are or will be working in the publicly methods in child and adolescent mental GRANTS TO IMPROVE CHILD AND funded sector, particularly in community health services; ADOLESCENT MENTAL HEALTH mental health programs described in section ‘‘(iii) demonstrate financial need; and CARE. 1913(b)(1). ‘‘(iv) are or will be working in the publicly Part E of title VII of the Public Health ‘‘(5) MEANINGFUL LOAN REPAYMENT.—If the funded sector, particularly in community Service Act (42 U.S.C. 294n et seq.) is amend- Secretary determines that funds appro- mental health programs described in section ed by adding at the end the following: priated for a fiscal year to carry out this 1913(b)(1). ‘‘Subpart 3—Child and Adolescent Mental subsection are not sufficient to allow a ‘‘(4) REQUIREMENTS.—The Secretary may Health Care meaningful loan repayment to all expected award a scholarship to an eligible student ‘‘SEC. 771. LOAN REPAYMENTS, SCHOLARSHIPS, applicants, the Secretary shall limit the under this subsection only if the eligible stu- AND GRANTS TO IMPROVE CHILD number of contracts entered into under para- dent agrees— AND ADOLESCENT MENTAL HEALTH graph (1) to ensure that each such contract ‘‘(A) to complete any graduate training CARE. provides for a meaningful loan repayment. program, internship, residency, or fellowship ‘‘(a) LOAN REPAYMENTS FOR CHILD AND ADO- ‘‘(6) AMOUNT.— applicable to that eligible student under LESCENT MENTAL HEALTH SERVICE PROFES- ‘‘(A) MAXIMUM.—For each year that the paragraph (2); SIONALS.— Secretary agrees to make payments on be- ‘‘(B) to maintain an acceptable level of ‘‘(1) ESTABLISHMENT.—The Secretary, act- half of an individual under a contract en- academic standing (as determined by the ing through the Administrator of the Health tered into under paragraph (1), the Secretary Secretary) during the completion of such Resources and Services Administration, may may agree to pay not more than $35,000 on graduate training program, internship, resi- establish a program of entering into con- behalf of the individual. dency, or fellowship; and tracts on a competitive basis with eligible ‘‘(B) CONSIDERATION.—In determining the ‘‘(C) to be employed full-time after gradua- individuals under which— amount of payments to be made on behalf of tion or completion of a residency or fellow- ‘‘(A) the eligible individual agrees to be an eligible individual under a contract to be ship, for at least the number of years for employed full-time for a specified period entered into under paragraph (1), the Sec- which a scholarship is received by the eligi- (which shall be at least 2 years) in providing retary shall consider the eligible individual’s ble student under this subsection, in pro- mental health services to children and ado- income and debt load. viding mental health services to children lescents; and ‘‘(7) APPLICABILITY OF CERTAIN PROVI- and adolescents. ‘‘(B) the Secretary agrees to make, during SIONS.—The provisions of sections 338E and ‘‘(5) USE OF SCHOLARSHIP FUNDS.—A schol- not more than 3 years of the period of em- 338F shall apply to the program established arship awarded to an eligible student for a ployment described in subparagraph (A), par- under paragraph (1) to the same extent and school year under this subsection may be tial or total payments on behalf of the indi- in the same manner as such provisions apply used only to pay for tuition expenses of the vidual on the principal and interest due on to the National Health Service Corps Loan school year, other reasonable educational ex- the undergraduate and graduate educational Repayment Program established in subpart penses (including fees, books, and laboratory loans of the eligible individual. III of part D of title III. expenses incurred by the eligible student in

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.051 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7347 the school year), and reasonable living ex- Administration, may establish a program to establish or expand any accredited graduate penses, as such tuition expenses, reasonable award grants on a competitive basis to child and adolescent mental health program educational expenses, and reasonable living State-licensed mental health nonprofit and in any manner deemed appropriate by the expenses are determined by the Secretary. for-profit organizations (including accredited Secretary, including by improving the course ‘‘(6) AMOUNT.—The amount of a scholarship institutions of higher education) to enable work, related field placements, or faculty of under this subsection shall not exceed the such organizations to pay for programs for such program. total amount of the tuition expenses, reason- preservice or in-service training of para- ‘‘(4) REQUIREMENTS.—The Secretary may able educational expenses, and reasonable professional child and adolescent mental award a grant to an accredited institution of living expenses described in paragraph (5). health workers. higher education under this subsection only ‘‘(7) APPLICABILITY OF CERTAIN PROVI- ‘‘(2) DEFINITION.—For purposes of this sub- if the institution agrees that— SIONS.—The provisions of sections 338E and section, the term ‘paraprofessional child and ‘‘(A) any child and adolescent mental 338F shall apply to the program established adolescent mental health worker’ means an health program assisted under the grant will under paragraph (1) to the same extent and individual who is not a mental health service prioritize cultural competency; in the same manner as such provisions apply professional, but who works at the first ‘‘(B) the institution will provide to the to the National Health Service Corps Schol- stage of contact with children and families Secretary such data, assurances, and infor- arship Program established in subpart III of who are seeking mental health services. mation as the Secretary may require; and part D of title III. ‘‘(3) PRIORITY.—In awarding grants under ‘‘(C) with respect to any violation of the ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— this subsection, the Secretary shall give pri- agreement between the Secretary and the in- There is authorized to be appropriated to ority to applicants that— stitution, the institution will pay such liq- carry out this subsection $5,000,000 for each ‘‘(A) have demonstrated the ability to col- uidated damages as prescribed by the Sec- of fiscal years 2008 through 2012. lect data on the number of paraprofessional retary by regulation. ‘‘(c) CLINICAL TRAINING GRANTS FOR PRO- child and adolescent mental health workers ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— FESSIONALS.— trained by the applicant and the populations There is authorized to be appropriated to ‘‘(1) ESTABLISHMENT.—The Secretary, act- served by these workers after the completion carry out this subsection $15,000,000 for each ing through the Administrator of the Health of the training; of fiscal years 2008 through 2012. Resources and Services Administration, in ‘‘(B) have familiarity with evidence-based ‘‘(f) DEFINITIONS.—In this section: cooperation with the Administrator of the methods in child and adolescent mental ‘‘(1) SPECIALIZED TRAINING OR CLINICAL EX- Substance Abuse and Mental Health Services health services; PERIENCE IN CHILD AND ADOLESCENT MENTAL Administration, may establish a program to ‘‘(C) have programs designed to increase HEALTH.—The term ‘specialized training or award grants on a competitive basis to ac- the number of paraprofessional child and ad- clinical experience in child and adolescent credited institutions of higher education to olescent mental health workers serving high- mental health’ means training and clinical establish or expand internships or other field priority populations; and experience that— placement programs for students receiving ‘‘(D) provide services through a community ‘‘(A) is part of or occurs after completion specialized training or clinical experience in mental health program described in section of an accredited graduate program in the child and adolescent mental health in psy- 1913(b)(1). United States for training mental health chiatry, psychology, school psychology, be- ‘‘(4) REQUIREMENTS.—The Secretary may service professionals; havioral pediatrics, psychiatric nursing, so- award a grant to an organization under this ‘‘(B) consists of at least 500 hours of train- cial work, school social work, marriage and subsection only if the organization agrees family therapy, school counseling, or profes- that— ing or clinical experience in treating chil- sional counseling. ‘‘(A) any training program assisted under dren and adolescents; and ‘‘(2) PRIORITY.—In awarding grants under the grant will prioritize cultural com- ‘‘(C) is comprehensive, coordinated, devel- this subsection, the Secretary shall give pri- petency; opmentally appropriate, and of high quality ority to applicants that— ‘‘(B) the organization will provide to the to address the unique ethnic and cultural di- ‘‘(A) have demonstrated the ability to col- Secretary such data, assurances, and infor- versity of the United States population. lect data on the number of students trained mation as the Secretary may require; and ‘‘(2) HIGH-PRIORITY POPULATION.—The term in child and adolescent mental health and ‘‘(C) with respect to any violation of the ‘high-priority population’ means— the populations served by such students agreement between the Secretary and the or- ‘‘(A) a population in which there is a sig- after graduation; ganization, the organization will pay such nificantly greater incidence than the na- ‘‘(B) have demonstrated familiarity with liquidated damages as prescribed by the Sec- tional average of— evidence-based methods in child and adoles- retary by regulation. ‘‘(i) children who have serious emotional cent mental health services; and ‘‘(5) APPLICATION.—The Secretary shall re- disturbances; or ‘‘(C) have programs designed to increase quire that any application for a grant under ‘‘(ii) children who are racial, ethnic, or lin- the number of professionals serving high-pri- this subsection include a description of the guistic minorities; or ority populations. applicant’s experience working with para- ‘‘(B) a population consisting of individuals ‘‘(3) REQUIREMENTS.—The Secretary may professional child and adolescent mental living in a high-poverty urban or rural area. award a grant to an applicant under this sub- health workers. ‘‘(3) MENTAL HEALTH SERVICE PROFES- section only if the applicant agrees that— ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— SIONAL.—The term ‘mental health service ‘‘(A) any internship or other field place- There is authorized to be appropriated to professional’ means an individual with a ment program assisted under the grant will carry out this subsection $5,000,000 for each graduate or postgraduate degree from an ac- prioritize cultural competency; of fiscal years 2008 through 2012. credited institution of higher education in ‘‘(B) students benefitting from any assist- ‘‘(e) CHILD AND ADOLESCENT MENTAL psychiatry, psychology, school psychology, ance under this subsection will be United HEALTH PROGRAM DEVELOPMENT GRANTS.— behavioral pediatrics, psychiatric nursing, States citizens or permanent legal United ‘‘(1) ESTABLISHMENT.—The Secretary, act- social work, school social work, marriage States residents; ing through the Administrator of the Health and family counseling, school counseling, or ‘‘(C) the institution will provide to the Resources and Services Administration, may professional counseling.’’. Secretary such data, assurances, and infor- establish a program to increase the number SEC. 4. AMENDMENTS TO SOCIAL SECURITY ACT mation as the Secretary may require; and of well-trained child and adolescent mental TO IMPROVE CHILD AND ADOLES- ‘‘(D) with respect to any violation of the health service professionals in the United CENT MENTAL HEALTH CARE. agreement between the Secretary and the in- States by awarding grants on a competitive (a) INCREASING NUMBER OF CHILD AND ADO- stitution, the institution will pay such liq- basis to accredited institutions of higher LESCENT PSYCHIATRY RESIDENTS PERMITTED uidated damages as prescribed by the Sec- education to enable the institutions to es- TO BE PAID UNDER THE MEDICARE GRADUATE retary by regulation. tablish or expand accredited graduate child MEDICAL EDUCATION PROGRAM.—Section ‘‘(4) APPLICATION.—The Secretary shall re- and adolescent mental health programs. 1886(h)(4)(F) of the Social Security Act (42 quire that any application for a grant under ‘‘(2) PRIORITY.—In awarding grants under U.S.C. 1395ww(h)(4)(F)) is amended by adding this subsection include a description of the this subsection, the Secretary shall give pri- at the end the following new clause: applicant’s experience working with child ority to applicants that— ‘‘(iii) INCREASE ALLOWED FOR TRAINING IN and adolescent mental health issues. ‘‘(A) demonstrate familiarity with the use CHILD AND ADOLESCENT PSYCHIATRY.—In ap- ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— of evidence-based methods in child and ado- plying clause (i), there shall not be taken There is authorized to be appropriated to lescent mental health services; into account such additional number of full- carry out this subsection $10,000,000 for each ‘‘(B) provide experience in and collabora- time equivalent residents in the field of of fiscal years 2008 through 2012. tion with community-based child and adoles- allopathic or osteopathic medicine who are ‘‘(d) PROGRESSIVE EDUCATION GRANTS FOR cent mental health services; residents or fellows in child and adolescent PARAPROFESSIONALS.— ‘‘(C) have included normal child develop- psychiatry as the Secretary determines rea- ‘‘(1) ESTABLISHMENT.—The Secretary, act- ment curricula; and sonable to meet the need for such physicians ing through the Administrator of the Health ‘‘(D) demonstrate commitment to working as demonstrated by the 1999 report of the De- Resources and Services Administration, in with high-priority populations. partment of Health and Human Services en- cooperation with the Administrator of the ‘‘(3) USE OF FUNDS.—Funds received as a titled ‘Mental Health: A Report of the Sur- Substance Abuse and Mental Health Services grant under this subsection may be used to geon General’.’’.

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(b) EXTENSION OF MEDICARE BOARD ELIGI- by encouraging more individuals to enter tional Association of County Behav- BILITY PERIOD FOR RESIDENTS AND FELLOWS these critical fields. ioral Health and Developmental Dis- IN CHILD AND ADOLESCENT PSYCHIATRY.—Sec- The Surgeon General estimates that over ability Directors, National Association tion 1886(h)(5)(G) of the Social Security Act 13.7 million children and adolescents are in of Mental Health Planning & Advisory (42 U.S.C. 1395ww(h)(5)(G)) is amended— need of treatment for emotional and behav- Councils, National Association of (1) in clause (i), by striking ‘‘and (v)’’ and ioral disorders but less than 20% ever receive School Psychologists, National Asso- inserting ‘‘(v), and (vi)’’; and it. After the option of early intervention is ciation of Social Workers, National As- (2) by adding at the end the following new lost, the possibilities for a lifetime cycle of sociation of State Mental Health Pro- clause: difficulties from unresolved mental health gram Directors, National Coalition of ‘‘(vi) CHILD AND ADOLESCENT PSYCHIATRY issues looms ahead: school failure, substance Mental Health Professionals and Con- TRAINING PROGRAMS.—In the case of an indi- abuse, job and relationship instability, and sumers, National Council for Commu- vidual enrolled in a child and adolescent psy- even the possibility of entering the criminal nity Behavioral Healthcare, Suicide chiatry residency or fellowship program ap- justice system. Prevention Action Network USA, One of the key barriers to treatment is the proved by the Secretary, the period of board Therapeutic Communities of America. shortage of available specialists trained in eligibility and the initial residency period the identification, diagnosis and treatment shall be the period of board eligibility for the By Mr. DODD: of children and adolescents with emotional specialty of general psychiatry, plus 2 years and behavioral disorders. Primary care pro- S. 1573. A bill to promote public-pri- for the subspecialty of child and adolescent viders report seeing a large number of chil- vate partnerships to strengthen invest- psychiatry.’’. dren and youth with mental health prob- ment in early childhood development (c) EFFECTIVE DATE.—The amendments lems, but have difficulty finding available for children from birth to entry into made by this section shall apply to residency clinicians to take referrals. The Surgeon kindergarten in order to ensure training years beginning on or after July 1, General reported in 1999 that ‘‘there is a 2008. healthy development and school readi- dearth of child psychiatrists, appropriately ness for all children; to the Committee SEC. 5. CHILD MENTAL HEALTH PROFESSIONAL trained clinical child psychologists, or social on Health, Education, Labor, and Pen- REPORT. workers.’’ The shortage of children’s mental (a) STUDY.—The Administrator of the health professionals has also been recognized sions. Health Resources and Services Administra- by the President’s New Freedom Commission Mr. DODD. Mr. President, I rise tion (in this section referred to as the ‘‘Ad- on Mental Health, the Council on Graduate today, to introduce The Early Child- ministrator’’) shall study and make findings Medical Education and the state mental hood Investment Act of 2007 to create and recommendations on— health commissioners. and enhance public-private partner- (1) the distribution and need for child men- Enactment of the Child Health Care Crisis ships to strengthen investment in early tal health service professionals, including Relief Act will spur the creation of edu- childhood development programs, con- cational incentives and federal support for with respect to specialty certifications, prac- sidering the needs of all children from tice characteristics, professional licensure, children’s mental health training programs. practice types, locations, education, and It will authorize scholarships, loan repay- birth to their entry in kindergarten. training; and ment programs, training grants, and spe- Investing in our youngest children is (2) a comparison of such distribution and cialty training program support. Children’s essential to promote their healthy de- need, including identification of disparities, mental health professionals covered under velopment and school readiness. I on a State-by-State basis. the bill include child and adolescent psychia- pleased that two of my colleagues from (b) REPORT.—Not later than 2 years after trists, behavioral pediatricians, psycholo- Connecticut in the House of Represent- gists, school psychologists, school social the date of the enactment of this Act, the atives—Congresswoman ROSA DELAURO Administrator shall submit to the Congress workers, school counselors, psychiatric and Congressman JOE COURTNEY—will and make publicly available a report on the nurses, social workers, marriage and family results of the study required by subsection therapists and professional counselors. introduce companion legislation today. National organizations representing con- (a), including with respect to findings and We have a body of knowledge on sumers, family members, advocates, profes- recommendations on disparities among the early childhood development that must sionals and providers thank you for your States. be put into practice through policies continued leadership on mental health that aid the crucial emotional, social SEC. 6. REPORTS. issues. We look forward to working with you (a) TRANSMISSION.—The Secretary of on this important bill. and intellectual development that oc- Health and Human Services shall transmit a Sincerely, curs in the first 3 years of life. Re- report described in subsection (b) to the Con- Alliance for Children and Families, search indicates that investments in gress— American Academy of Child and Ado- the early years of a child’s life pay (1) not later than 3 years after the date of lescent Psychiatry, American Academy dividends later through improved the enactment of this Act; and of Pediatrics, American Association for health, readiness for school, and eco- (2) not later than 5 years after the date of Geriatric Psychiatry, American Asso- nomic well-being. The return on invest- the enactment of this Act. ciation for Marriage and Family Ther- (b) CONTENTS.—The reports transmitted to apy, American Counseling Association, ment also includes more successful the Congress under subsection (a) shall ad- American Group Psychotherapy Asso- transition to kindergarten; reduced dress each of the following: ciation, American Mental Health Coun- special education and remedial edu- (1) The effectiveness of the amendments selors Association, American Nurses cation placements; better employment made by, and the programs carried out Association, American Psychiatric As- opportunities and higher earnings; and under, this Act in increasing the number of sociation, American Psychoanalytic lower incidence of crime and depend- child and adolescent mental health service Association, American Psychological ence on public welfare. Our Nation’s professionals and paraprofessional child and Association, American Psychotherapy adolescent mental health workers. Association, Anxiety Disorders Asso- economy benefits from early childhood (2) The demographics of the individuals ciation of America, Association for the investments through a better prepared served by such increased number of child and Advancement of Psychology, Bazelon workforce, stronger growth, and a ris- adolescent mental health service profes- Center for Mental Health Law, Center ing standard of living. Additionally, so- sionals and paraprofessional child and ado- for Clinical Social Work, ciety will benefit from less crime, en- lescent mental health workers. Child & Adolescent Bipolar Foundation, hanced schools, and children who are Child Welfare League of America, Chil- better prepared to participate as citi- MENTAL HEALTH LIAISON GROUP, dren and Adults with Attention-Def- zens in a democratic society, as a re- June 7, 2007. icit/Hyperactivity Disorder, Children’s sult of increased investments in early Hon. JEFF BINGAMAN, Healthcare Is a Legal Duty, Clinical U.S. Senate, Social Work Guild, Coalition for the childhood development. Washington, DC. Health and Advocacy of Rural Minori- Many States have an Early Learning Hon. PATRICK J. KENNEDY, ties, Depression and Bipolar Support Council or an advisory council that co- House of Representatives, Alliance, Eating Disorders Coalition ordinates and aligns various programs Washington, DC. for Research, Policy & Action, Federa- serving children from birth to kinder- DEAR SENATOR BINGAMAN AND REPRESENTA- tion of Families Children’s Mental garten entry. These entities facilitate TIVE KENNEDY: The undersigned national or- Health, Mental Health America, Na- collaboration among early childhood ganizations are writing to express our sup- tional Alliance on Mental Illness, Na- development activities in each State, port for legislation you are sponsoring, the tional Association for Children’s Be- Child Health Care Crisis Relief Act. This im- havioral Health, National Association but do not necessarily provide addi- portant legislation will address the national for Rural Mental Health, tional funding. Resources from Federal shortage of children’s mental health profes- National Association of Anorexia and State governments alone are not sionals, including school-based professionals, Nervosa and Associated Disorders, Na- adequate to provide access to quality

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.051 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7349 early childhood development programs resents 50 percent of total expenditures poverty in our rural areas. We must for all children. by a partnership in the first year, 40 end this. Currently the Federal Government percent in the second year and 30 per- We must recruit the best and the provides funding for a variety of early cent in the outyears. I know I will hear brightest Americans to become teach- childhood development programs in- that this cost is too large for the gov- ers and we must transform teaching, cluding the Child Care and Develop- ernment to bear, but I would argue restoring its luster as a profession, so ment Block Grant, and Head Start, that the cost of not investing would be that when new teachers join it, they which have been essentially flat funded even greater. Children represent only a are successful, and want to stay. As in recent years. States supplement this quarter of our population, but they are teachers and principals are increas- funding and also provide funding for 100 percent of our future and each of ingly being held individually respon- State and local prekindergarten pro- our children deserves an opportunity to sible for student success, it is increas- grams and parent development and reach his or her potential. ingly important that we adequately support programs, such as home vis- The bill has been endorsed by Amer- prepare teachers to become successful. iting. However, the Federal and State ica’s Promise Alliance, First Focus, Research shows that inexperienced resources alone are not enough to National Association for the Education teachers are less effective than teach- reach all of our Nation’s young chil- of Young Children, National Associa- ers with several years of experience, dren. In order to get closer to the goal tion of Child Care Resource and Refer- but good preparation programs can make novice teachers effective more of providing access to quality programs ral Agencies, and the National Wom- rapidly. We must help novice teachers for all children before they enter kin- en’s Law Center. I hope that my col- get the training and coaching they dergarten, the private sector also plays leagues will join me in supporting this need. Teacher preparation seldom pro- an important role. In addition, the important legislation. vides the opportunity to learn under Federal Government should provide re- the supervision of expert teachers sources to reward innovation at the By Mr. OBAMA: working in schools that effectively state and community level and to le- S. 1574. A bill to establish Teaching serve high-need students. Most new verage additional resources for contin- Residency Programs for preparation teachers lack such support, and so ued innovation. and induction of teachers; to the Com- leave the profession before achieving In States such as Washington, Geor- mittee on Health, Education, Labor, success. gia, Michigan, Minnesota, Oklahoma, and Pensions. Today I am proud to introduce the North Carolina, Arizona, Nebraska, Il- Mr. OBAMA. Mr. President, we will soon begin consideration of legislation Teaching Residency Act, which builds linois, Vermont, and Virginia, public- on a successful model of teacher prepa- private partnerships leverage resources to educate America’s students, with Head Start, the Elementary and Sec- ration similar to medical residencies. to provide for the varied health and Teaching Residency Programs are learning needs of children from birth to ondary Education Act, and the Higher Education Act all slated for reauthor- school-based teacher preparation pro- kindergarten entry and their families. grams in which prospective teachers ization. One of the most important as- Public-private partnerships have the teach alongside a mentor teacher for pects of No Child Left Behind is its pro- ability to leverage the assets of public one academic year, receive master’s vision for a highly qualified teacher for and private entities in terms of finan- level coursework in teaching the con- every child, in every classroom in cial resources, expertise, and infra- tent area in which they will become America. structure in order to maximize and certified, and attain certification prior Expert teachers are the most impor- align investments in early childhood to completion of the program. Once tant educational resource in our development. Federal funding author- certified, graduates of the program are schools, and also the most inequitably ized by this legislation will create in- placed in high-needs schools, and con- distributed. In the United States, too centives for more States to develop tinue to receive strong mentoring and many students in high-need schools are such partnerships and leverage further coaching for their first years of teach- taught by inadequately prepared teach- investment in young children and en- ing. This bill proposes establishing ers, who are often not ready for the hance existing partnerships in states. Teaching Residency Programs as a pro- challenges they face, and thus leave The purpose of the Early Childhood vision of Title II of the Higher Edu- Investment Act of 2007 is to establish the classroom too soon. High-poverty cation Act. or enhance existing public-private schools lose one-fifth of their teaching I am particularly proud to introduce partnerships that will strengthen in- staff each year. This constant turnover this legislation today, because it is a vestment in early childhood develop- of inexperienced, inadequately pre- model of effective teacher preparation ment by awarding grants to local com- pared teachers undermines efforts to that I have supported since before I munity initiatives and programs that create stable learning cultures and to was elected to the Senate in 2004. I serve young children and their fami- sustain school improvement, especially have seen the power of teacher lies. in schools with greatest need. residencies through the very successful The bill is fairly straightforward. It Many schools are being identified as Academy for Urban School Leadership requires the Secretary of Health and in need of improvement, and many stu- in my home State of Illinois. And I am Human Services to establish a com- dents are asked to be successful in pleased to be supported in this effort petitive grant program to award grants schools where success is a rare com- by the introduction of legislation in to a public-private partnership, in each modity. Rather than being a leader in the House by my good friend, Congress- State that applies, which will leverage a competitive world where educational man RAHM EMANUEL. resources to supplement existing State attainment is precious, America has It is critical to develop programs and Federal funds. The partnership will one of the lowest high school gradua- that increase the probability that re- then award subgrants to State and tion rates in the industrialized world. cruits will succeed and stay in those local community initiatives to improve Three out of every 10 ninth-grade stu- classrooms where they are most need- access to and quality of early child- dents will not graduate on time, and ed. Teaching Residency Programs are hood development for children from about half of all African American and based on what we know works best to birth through age five and their fami- Hispanic ninth graders will not earn a improve teacher preparation. We know lies. The partnerships will leverage diploma in four years. Less than 2 out that mentoring is critical to help funding from nonprofit or for-profit or- of every 10 students who begin high young teachers develop in the early ganizations, private entities and State school will receive a postsecondary de- years of their career and to retain government to invest in high quality gree within a reasonable time. Stu- many of new teachers who would other- early childhood development programs. dents of color, new immigrants, and wise leave the profession in their first The Early Childhood Investment Act children living in poverty are all being years. We cannot afford to lose any of 2007 authorizes $8 billion for fiscal left behind. A good education is grant- more high quality teachers because year 2008, $10 billion for fiscal year 2009 ed to some, but denied to others, de- they do not feel supported or do not and such sums as necessary in the fol- nied not only to children of color in feel that they are progressing profes- lowing years. The Federal share rep- our cities, but also to children living in sionally.

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.049 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7350 CONGRESSIONAL RECORD — SENATE June 7, 2007 I hope my colleagues will support this successful program can continue In addition, the bill ensures that re- this important legislation. to assist communities to mobilize and search on genetic variation within and organize resources to support effective between populations includes a focus By Mr. KENNEDY (for himself, and sustainable programs to help close on racial and ethnic minorities. It also Mr. COCHRAN, Mr. OBAMA, Mr. the health and health care gap. It also promotes the participation of racial BINGAMAN, Mrs. CLINTON, Mr. establishes Health Action Zones to sup- and ethnic minorities in clinical trials BROWN, and Mr. DURBIN): port State, tribal or local initiatives to and intensifies efforts throughout the S. 1576. A bill to amend the Public improve minority health in commu- Department of Health and Human Health Service Act to improve the nities that have been historically bur- Services to increase and apply knowl- health and healthcare of racial and dened by health disparities. edge about the interaction of racial, ethnic minority groups; to the Com- Greater diversity in the health care genetic, and environmental factors mittee on Health, Education, Labor, workforce is essential to creating a that affect people’s health. and Pensions. healthy America. Studies demonstrate Finally, the bill reinforces and clari- Mr. KENNEDY. Mr. President, seri- that minority health professionals are fies the duties of the Office of Minority ous and unjustified health disparities more likely to care for minority pa- Health and instructs the office to de- continue to exist in our Nation today. tients, including those who are low-in- velop and implement a comprehensive Forty five million Americans have no come and uninsured. African Ameri- department-wide plan to improve mi- health insurance and often don’t get cans, Hispanic Americans, and Native nority health and eliminate health dis- the health care they need or get it too Americans account for only 6 percent parities. It also encourages greater co- late. We know that the uninsured are of the Nation’s doctors and 5 percent of operation among federal agencies and more likely to delay doctor visits and nurses and dentists, even though they departments in meeting these serious needed screenings like mammograms are almost one-quarter of the U.S. pop- challenges. and other early detection tests which ulation. The disparity in the health We have worked diligently with a can help prevent serious illness and workforce must be closed, not just to wide variety of organizations on this death. The Institute of Medicine esti- fulfill our commitment to equality and bill that are eager for strong legisla- mates that at least 18,000 Americans opportunity, but also because of the tion to eliminate health disparities. die prematurely each year because impact it has on the health of America. The following groups have expressed The act reauthorizes the title VII they lack health coverage. their support: Aetna, American Asso- health care workforce diversity pro- Some of the most shameful health ciation of Colleges of Pharmacy, Amer- grams, including the Centers of Excel- disparities involve racial and ethnic ican Heart Association/American lence at Historically Black Colleges minorities. African Americans have a Stroke Association, American Public and Universities and institutions that lower life expectancy than Whites. Health Association, Asian American educate Hispanic and Native American They are much more likely to die from and Pacific Islander Health Forum, As- stroke, and their uninsurance rates are students. A diverse health care workforce is es- sociation for Community Affiliated much higher than those of their White sential for a healthy country. Empha- Plans, Association of Minority Health counterparts. sizing workforce diversity does not Professions Schools, California Pan- Many Americans want to believe mean that health care workers should Ethnic Network, Charles R. Drew Uni- such disparities don’t exist, but ignor- not be prepared to work with diverse versity of Medicine and Science, Fami- ing them only contributes more to the patients. We must also make a more lies USA, Harvard Medical School, widening gap between the haves and serious effort to train culturally com- Massachusetts General Hospital, have-nots. petent health care professionals, and to Meharry Medical College, Morehouse It is a scandal that people of color create a health care system that is ac- School of Medicine, National Associa- have greater difficulty obtaining good cessible for the more than 48 million tion of Community Health Centers, Na- health care than other Americans. Americans who speak a language other tional Association of Public Hospitals Your health should not depend on the than English at home. The bill creates and Health Systems, National Coali- color of your skin, the size of your an Internet clearinghouse to increase tion for Hispanic Health—Campaign for bank account, or where you live. In a cultural competency and improve com- Tobacco Free Kids, Hispanic Associa- nation as advanced as ours, with its munication between health care pro- tion of Colleges and Universities, state-of-the-art medical technology for viders and patients. It also supports League of United Latin American Citi- preventing illness and caring for the the development of curricula on cul- zens, National Council of La Raza, Na- sick, it is appalling that so many tural competence in health professions tional Hispanic Caucus of State Legis- health disparities continue to exist. schools. lators, National Hispanic Medical Asso- That is the reason why I am intro- Language barriers in health care ob- ciation, National Puerto Rican Coali- ducing the Minority Health and Health viously contribute to reduced access tion—National Council of La Raza, Na- Disparity Elimination Act, as part of and poorer care for those who have lim- tional Health Law Program, National our effort to reduce or eliminate these ited English proficiency or low health Hispanic Medical Association, National unacceptable differences in the health literacy. The legislation recognizes the Medical Association, Network Health, and health care of racial and ethnic mi- importance of this issue for the quality Racial and Ethnic Health Disparities, norities. of our health care system and provides REHDC, and Summit Health Institute The bill includes grants and dem- funds for activities to improve and en- for Research and Education. onstration projects that will help com- courage services for such patients. I look forward to working with these munities promote positive health be- The bill reauthorizes the National dedicated groups as we work towards haviors and improve outreach, partici- Center for Minority Health and Health final passage of this bill. pation, and enrollment of racial and Disparities that was created as part of I greatly appreciate the cooperation ethnic minorities in available health the Minority Health and Health Dis- of Senator COCHRAN, Senator OBAMA, care programs. The bill will also estab- parities Research and Education Act of Senator BINGAMAN, Senator CLINTON, lish collaborative partnerships led by 2000. It strengthens the center’s role in Senator BROWN, and Senator DURBIN on community health centers. In par- coordinating and planning research this legislation, and I look forward to ticular it will support the Delta Health that focuses on minority health and working with my colleagues to enact Initiative Rural Health, Education, and health disparities at the National In- this much needed legislation. Workforce Infrastructure Demonstra- stitutes of Health. The bill also re- Mr. OBAMA. Mr. President, this Na- tion Program to address longstanding, quires the Agency for Health care Re- tion has witnessed dramatic improve- unmet health and health care needs in search and Quality to establish a grant ments in public health and health care the Mississippi Delta program to support private research technology and practice over the last In addition, the bill codifies the Cen- initiatives and a public-private part- century. Diseases that were once life- ters for Disease Control and Preven- nership to evaluate and identify the threatening are now curable; condi- tion’s Racial and Ethnic Approaches to best practices in disease management tions that once devastated are now Community Health Program, so that strategies and interventions. treatable. Our Federal investment in

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.050 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7351 medical research has paid off hand- live in communities that promote port effective and sustainable pro- somely, with new and more effective healthy behaviors and choices through grams to reduce health disparities—is tests and treatments and near daily re- access to wholesome foods and opportu- established under this bill. And I am ports of new scientific breakthroughs. nities for physical activity, and that pleased that the Health Action Zone Yet still today too many Americans protect from exposure to environ- Initiative has also been authorized. have not and will not derive full ben- mental toxins and violence. In addi- This new environmental public health efit from these advances. tion, minority Americans are less like- program was introduced as part of the We know that minority Americans ly to have health coverage and thus Healthy Communities Act of 2007 that I and other vulnerable populations need- more likely to experience difficulties introduced earlier this year, and guides lessly continue to experience higher accessing the health care system, and strengthens community efforts to rates of disease and lower rates of sur- which leads to delayed diagnoses and improve health in comprehensive and vival, and this is simply unacceptable. foregone care. And last but not least, sustained fashion. As we in the Congress work to combat we know that minority Americans are A third area of focus is expansion and the serious health issues that threaten less likely to receive medical care that acceleration of data collection and re- the well-being of all Americans, we meets recommended or accepted stand- search across the agencies, including must also remain vigilant and com- ards of practice, when compared to the Agency for Healthcare Research mitted in our fight to address the per- White Americans. As an example, the and Quality and the National Institute sistent and pervasive health disparities American Journal of Public Health has of Health, with special emphasis on that affect millions of minorities, low- reported that more than 886,000 deaths translational research. The tremendous income individuals and other at-risk could have been prevented from 1991 to advances in medical science and health populations. 2000 if African Americans had received technology, which have benefited mil- Congress has passed legislation be- the same level of health care as Whites. lions of Americans, have remained out fore to address the health of minority For all of these reasons, I am joining of reach for too many minorities, and populations and eliminate health dis- my colleagues Senator KENNEDY and translational research will help to rem- parities—the Minority Health and Senator COCHRAN in introducing the edy this problem. The National Center Health Disparities Research and Edu- Minority Health Improvement and on Minority Health and Health Dispari- cation Act of 2000. That bill created the Health Disparity Elimination Act of ties, which has a leadership role in es- National Center for Minority Health 2007. This critical legislation has a tablishing the disparities research stra- and Health Disparities, supported the number of important provisions to help tegic plan at the National Institutes of landmark IOM report Unequal Treat- us achieve our goal to improve the Health, is reauthorized. And a new ad- ment, required annual reporting on health status of minority and other un- visory committee has been established health care disparities by AHRQ, and derserved populations. First, this bill at the Food and Drug Administration strengthened the research base for strengthens education and training in to focus on pharmacogenomics and its many HBCU’s, among many other pro- cultural competence and communica- safe and appropriate use in minority visions. tion, which is the cornerstone of qual- populations, another issue area that I Since that bill passed, our knowledge ity health care for all patients. It also championed as part of my Genomics and understanding about the root reauthorizes the pipeline programs in and Personalized Medicine Act of 2006. causes of these disparities has dramati- title VII of the Public Health Service Last but not least, I want to high- cally increased. Efforts to strengthen Act, which seek to increase diversity in light that the bill strengthens and the research infrastructure needed to the health professions. We all know clarifies the duties of the Office of Mi- investigate health concerns among that the door to opportunity is only nority Health. This office has been people of color have been quite effec- half open for minority students in the critical in providing the leadership, ex- tive. Momentum has also accelerated health professions. The percentage of pertise and guidance for health im- in the medical and public health com- minority health professionals is provement activities across the agen- munities as advocates’ voices are heard shockingly low—African Americans, cies of the Department of Health and more and more, with new interventions Hispanics and American Indians ac- Human Services, and has helped to en- being implemented and evaluated. All count for one-third of the Nation’s pop- sure coordination, collaboration and of these positive steps and advances ulation but less than 10 percent of the integration of such efforts as well. have helped to raise minority health as Nation’s doctors, less than 5 percent of In conclusion, I want emphasize that a national priority. However, despite dentists and only 12 percent of nurses. it is past time to expand and accelerate this activity, much work remains to be We can—and must—do better. our work in a of minority health be- done in order to close the gap and Lack of workforce diversity has seri- yond the initial bipartisan effort Con- eliminate health and health care dis- ous implications for both access and gress achieved in 2000. We have got to parities. quality of health care. Minority physi- translate the knowledge we have Study after study reveals the stark cians are significantly more likely to gained into practical and effective line of health disparity drawn between treat low-income patients, and their interventions that will improve minor- minorities and whites. In cancer alone, patients are disproportionately minor- ity health and eliminate disparities, the numbers are hard to overlook. In ity. Studies have also shown that mi- and this bill will help us do just that. 2004, African American men were 2.4 nority physicians provide higher qual- I urge my colleagues to join me in co- times as likely to die from prostate ity of care to minority patients, who sponsoring and passing this critical cancer, as compared to white men. For are more satisfied with their care and legislation. Regardless of how you heart disease, the statistics are equally more likely to follow the doctor’s rec- measure it, whether by needless suf- compelling: 2004 data show that when ommendations. fering, lost productivity, financial compared to white men, African Amer- Second, this bill expands and sup- costs, or lives lost, disparities in health ican men were 30 percent more likely ports a number of initiatives to in- and health care are a tremendous prob- to die from heart disease, and Amer- crease access to quality care. Specifi- lem and a moral imperative for our Na- ican Indian adults were 30 percent cally, the legislation authorizes dem- tion, and one that is within our power more likely to have high blood pres- onstration grants to improve access to to address right now. sure. healthcare, patient navigators, and Mrs. CLINTON. Mr. President, I am The underlying factors for health dis- health literacy education services. Ad- pleased to join Senators KENNEDY, parities are multi-factorial. Our indi- ditionally, partnerships modeled after COCHRAN, BINGAMAN, OBAMA, DURBIN vidual genetic makeup certainly con- the Health Disparity Collaboratives at and BROWN in introducing the Minority tributes to differences in rates of dis- the Bureau of Primary Health Care are Health Improvement and Health Dis- ease and mortality in diverse popu- supported through established grants. parity Elimination Act 2007. lations. However, other factors play an The REACH program at Centers for As we debate health care issues, we equal if not greater role. We know that Disease Control and Prevention—de- often discuss what is wrong with our minority and low-income Americans signed to assist communities in mobi- health care system: Costs are spiraling are disproportionately less likely to lizing and organizing resources to sup- upward, the ranks of uninsured have

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.054 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7352 CONGRESSIONAL RECORD — SENATE June 7, 2007 increased, and the strains on our sys- The Minority Health Improvement will reauthorize the National Center tem and its ability to provide quality and Health Disparity Elimination Act for Minority Health and Health Dis- care have worsened. And while the im- of 2007 would allow us to address parities at the National Institutes of pact of these situations are felt by all healthcare disparities through a vari- Health, which is designed to conduct Americans, the problems with our ety of mechanisms. and support health disparities re- health care system often disproportion- The bill will create a cultural com- search; disseminate information about ately impact our racial and ethnic mi- petency clearinghouse, helping pro- disparities, and reach out to racial and nority populations. viders to understand, first of all, the ethnic minority disparity commu- We continue to have disparities in concept of cultural competence, and nities. Through the Center, New York health care for our minority popu- second, how to better tailor care to University received support for its Cen- lations—disparities in access, dispari- their patients of diverse backgrounds. ter for the Study of Asian American ties in quality, and disparities in out- We cannot, for example, ask a person Health, a collaboration between re- comes. The Agency for Healthcare Re- with diabetes to make changes to their searchers, health providers, and com- search and Quality (AHRQ) tracks diet if we do not understand what foods munity organizations that is designed these in its annual National Healthcare are part of their diet. Having a cul- to reduce the disparities faced by Asian Disparities Report, aggregating data turally competent health care system Americans in New York City. from a variety of Federal health sur- is especially important in my home Finally, the legislation would reau- veys and databases. And the findings State of New York, where our residents thorize and strengthen the Office of Mi- from the report are staggering, come from all over the world. With the nority Health, OMH, at HHS, requiring inc1uding the following: Minorities had information that will be available in it to develop a National Action Plan to worse access to care than whites; this clearinghouse, we will make it address disparities in collaboration Blacks and Hispanics received poorer easier for both patients and providers with other Federal health agencies. quality care than Whites on more than to communicate and understand essen- The OMH has provided support to New 70 percent of the measures used by tial concepts of care. York’s Office of Minority Health, as AHRQ; and While gains were made on The Minority Health Improvement well as community-based organizations approximately one-quarter of the qual- and Health Disparity Elimination Act in Syracuse, Buffalo, and Lower Man- ity indicators, disparities actually got will improve health professions pro- hattan, and this reauthorization of the worse for all minority populations on grams that increase recruitment and office will allow them to support and one-third of the quality indicators. retention of underrepresented minori- sustain more programs at the State These system wide disparities have ties in the health professions. New and local level. translated into increased burden of dis- York’s population is 15 percent Black I am excited about this legislation ease for our racial and ethnic minority and 15.6 percent Hispanic, yet the per- because I have seen what happens in populations. centage of Black physicians practicing communities when we come together— HIV/AIDS is devastating our African- in our State is 3.2 percent, and the per- providers, researchers, and neighbor- American communities. Blacks ac- centage of Hispanic physicians prac- hood leaders—to address these con- count for about half of all new HIV/ ticing in our State is 2.3 percent. This cerns. Last month, the University of AIDS diagnoses. In New York City, the bill will reauthorize the Centers of Ex- Rochester and the Monroe County rate of new HIV diagnoses is six times cellence established by the Health Re- Health Department announced that an higher among Blacks than Whites. In sources and Services Administration, initiative to increase pneumococcal addition, the AIDS case rate among HRSA—a program that has benefited immunization rates in African-Amer- Hispanic populations is about 3.5 times the Mt. Sinai School of Medicine—and ican seniors resulted in a more than 30- higher than that of Whites. establish new programs to train mid- percent gain in immunization rates— The incidence of asthma is highest career individuals in the health profes- protecting more New Yorkers against among Puerto Rican populations, with sions. pneumonia and reducing the vaccina- 22 percent of these individuals receiv- It will codify currently existing tion disparity between Blacks and ing a diagnosis of asthma, a rate health promotion and disease preven- Whites. roughly double that of White popu- tion activities targeted toward racial I believe that the Minority Health lations. Although African-Americans and ethnic minorities, including the Improvement and Health Disparity have slightly higher rates of asthma Centers for Disease Control and Pre- Elimination Act will allow us to cre- than White populations, they experi- vention’s Racial and Ethnic Ap- ate, maintain, and support this type of ence disparities in asthma manage- proaches to Community Health, collaboration across the Nation. It will ment and access to care. The emer- REACH. REACH grantees working in make a real change in the health care gency department visit rate for Blacks northern Manhattan have managed to for our minority communities and im- seeking asthma treatment was 350 per- increase childhood immunization rates prove the quality of care received by cent higher than that of the rates for by 10 to 15 percent. It will also codify all Americans. I look forward to work- Whites, while the hospitalization rate the Health Disparities Collaboratives ing with my colleagues in Congress to for Blacks with asthma was 240 percent program operated by HRSA, through pass this legislation as quickly as pos- higher than that for Whites with asth- which health centers across the coun- sible. ma. try focus on improving their treat- Mr. DURBIN. Mr. President, Abra- One out of every 10 Asian Americans ments for specific diseases, or imple- ham Lincoln once said, ‘‘The declara- will be diagnosed with diabetes. Among menting models to improve patient tion that ‘all men are created equal’ is all Americans with diabetes, Blacks care. These centers include Whitney the great fundamental principle upon are about two times more likely to re- Young Health Center in Albany, NY, which our free institutions rest.’’ quire amputations, two to five times which, through this collaborative, suc- As a Senator representing the distin- more likely to have kidney disease, cessfully helped more than 200 patients guished land of Lincoln, I take seri- and twice as likely to suffer from dia- learn how to manage their asthma. ously our Nation’s promise for equal- betes-related blindness. The legislation will establish new ity, particularly when it comes to The impact of health disparities are programs to increase community health care. experienced not only by racial and eth- health workers, address environmental I rise today as a strong and proud co- nic minority communities but by all of health concerns, and improve outreach sponsor of the Minority Health Im- us. They are symptomatic of the and enrollment, thus reducing barriers provement and Health Disparity Elimi- underuse and misuse of health care. to accessing care. It will increase sup- nation Act of 2007—an important piece And the costs associated with these port for the Agency for Healthcare Re- of legislation, long in the making, and disparities—such as delayed diagnoses search and Quality’s research into long overdue. and complications that result from healthcare disparities and help to im- Not since 2000 has our Congress made lack of access to primary care—add un- prove overall data collection. a concerted effort to address the health necessary costs to our health care sys- The Minority Health Improvement of some of our most at-risk popu- tem. and Health Disparity Elimination Act lations—people of color.

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.055 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7353 In these 7 years, we have not seen a grounds, experiences, and perspectives This bill is supported by the Elder substantial improvement in the health of the people it serves. We need to re- Justice Coalition, the National Citi- status of people of color. cruit, train and retain health care pro- zens’ Coalition for Nursing Home Re- Cervical cancer, a disease that can be fessionals from underrepresented form, the American Association of greatly reduced by effective health groups and underserved areas. Homes and Services for the Aging, care, is five times more common In areas like downstate Illinois, AARP and many other organizations among Vietnamese women in the small communities rely heavily on dedicated to protecting our Nation’s United States than it is among Cauca- Federal incentives, such as loan repay- vulnerable citizens. If enacted, this leg- sian women. ment, the Health Careers Opportunity islation could help to prevent many of African Americans with diabetes are Program, and Centers of Excellence to the tragic tales of physical and finan- seven times more likely to have ampu- create a critical pipeline of profes- cial elder abuse that we hear about tations and develop kidney failure than sionals. from our constituents and read about are Caucasians with diabetes. Graduates of title VII programs are in our local newspapers. I strongly urge In Chicago’s Latino community, you more likely to serve in underserved this Congress to do what the States will likely find one in two Latino chil- areas. That is the outcome we want, so cannot: create a nationwide system of dren who are obese, a condition that we need to support successful programs background checks for workers who often leads to the onset of diabetes. like these. care for our Nation’s frail elders and In the hospitals of East St. Louis, it’s In addition to improving the diver- those who are living with disabilities. likely that African-American babies sity of our workforce, we need to re- The vast majority of long-term care die at more than double the rate of double efforts to fight diseases that workers are selfless and dedicated. Yet White infants. disproportionately affect racial and there are a few with violent criminal In the small town of Cairo, families ethnic minorities—diseases like diabe- histories who pose a clear threat to the have to travel hours to other parts of tes, heart disease, breast cancer and so defenseless individuals needing long- the State and sometimes even to other many others. term care services. Under the disorga- States to obtain the right care. To accurately respond to the pres- nized, patchwork system of background In general, we are making progress in ence of health care disparities and try checks that exists today, employers prolonging life. Death rates for Whites, to address them, we need better data trying to hire caregivers do not always African Americans, and Latinos from on health care access and utilization know which applicants have records of many of our most debilitating diseases that includes race, ethnicity, primary abuse or a history of committing vio- have declined during the last decade. language, and socio-economic status. lent crimes. As a result, predators are But what progress are we making on To develop accurate solutions, we need sometimes hired to take care of our quality of life during those extra accurate information on prevalence, most vulnerable citizens, allowing years? Is the answer different depend- contributing factors, and effects of them to work in situations where they ing on the racial or ethnic minority health care disparities. can cause enormous harm. For exam- groups? Simply speaking, yes. The Minority Health Improvement ple, in just the last 6 weeks, three sto- Even when controlling for insurance and Health Disparity Elimination Act ries of such elder abuse created head- coverage and economic status, racial of 2007 is a critically important step to- lines across the country: and ethnic minorities tend to have less ward improving the access, workforce, Last year, Pat Torano, at the age of 89, was access to health care and a lower qual- research and information that will partially paralyzed by a stroke. He realized ity of health care than their Caucasian close the color gap that exists in he no longer could care for his 95-year-old counterparts. health care today. I look forward to wife, who by then was blind and suffering The Centers for Disease Control and working with my colleagues to improve from dementia. Intent on staying at home, Prevention has reported that, among a the health of all Americans and, spe- the Toranos contracted with Visiting Angels, wide range of health indicators, ‘‘rel- cifically, to eliminate health dispari- a network of private home-care agencies that matches clients with caretakers. They atively little progress has been made ties that hurt our communities of toward the goal of eliminating racial/ expected to find an honest professional to color, and all of us. help them with household chores and other ethnic disparities.’’ I did not always agree with the non-medical needs. Instead they got con- In general, yes, Americans are former majority leader, Senator Wil- victed felon Gina Treveno, who stole their healthier, but the shameful gaps be- liam H. Frist, but I couldn’t agree house just five months later by tricking the tween minority groups and Caucasians more with his statement that, ‘‘In- couple into placing the deed in her name. remain nearly the same as a decade equity is a cancer that can no longer be Attorney General Andrew M. Cuomo today ago. allowed to fester in health care.’’ announced the sentencing of William Morri- son, a former aide at the Rome Memorial When will we as a nation demand I urge my colleagues to support the more and work harder to reach that Hospital Residential Health Care Facility, health disparity legislation introduced who was convicted last month of raping and ideal of equality that is a pillar of our today. sexually assaulting a 90-year-old resident of Nation’s moral strength? the nursing home.... The background This legislation is a critical step to- By Mr. KOHL (for himself, Mr. check would have revealed that Morrison ward achieving that notion of equality: DOMENICI, Mrs. MCCASKILL, Ms. was previously convicted for one felony drug the belief that we are all created equal STABENOW, Mrs. LINCOLN, Mr. offense in 1992 and several misdemeanors in and as such should have equal access to LEVIN, and Mrs. CLINTON): the 1990s. quality care. S. 1577. A bill to amend titles XVIII An 84-year-old man allegedly assaulted at Why is it that this country spends so and XIX of the Social Security Act to a nursing home last month is suing the facil- ity, claiming it failed to protect him from much more than any other industri- require screening, including national the employee accused of punching him in his alized country on its health care, but criminal history background checks, of bed. Earl Gates of Bozeman claims Evergreen has consistently lagged behind other direct patient access employees of Bozeman Health and Rehabilitation center countries in delivering better health skilled nursing facilities, nursing fa- didn’t do a background check on his accused outcomes? Why is it that one in six cilities, and other long-term facilities attacker, Joshua Fowler, 23, who has a prior Americans, almost one in three African and providers, and to provide for na- assault conviction. Americans, almost one in two Latino tionwide expansion of the pilot pro- The bill that I am introducing today Americans, are uninsured? Why do our gram for national and State back- with Senators DOMENICI, STABENOW, health outcomes not reflect the $2 tril- ground checks on direct patient access MCCASKILL, LINCOLN, LEVIN, and CLIN- lion investment we make in health employees of long-term care facilities TON proposes to take action to stop care each year? There is a disconnect or providers; to the Committee on Fi- predators from working in all long- between the rhetoric around our Na- nance. term care settings. It would close gap- tion’s health crisis and where our re- Mr. KOHL. Mr. President, I rise ing loopholes in our current system of sources are placed. It is a shame, and today to introduce the Patient Safety background checks through a nation- we can do better. and Abuse Prevention Act with Sen- wide expansion of a pilot program that Our health workforce should reflect, ators DOMENICI, MCCASKILL, STABENOW, Congress enacted as part of the Medi- understand, and respect the back- LINCOLN, LEVIN and CLINTON. care Modernization Act of 2003.

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.071 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7354 CONGRESSIONAL RECORD — SENATE June 7, 2007 Under the MMA, the Centers for example, Michigan has created a tiered survey of participating facilities, Medicare and Medicaid Services has system, under which certain disquali- which found 87 percent believed the been conducting a pilot program in fying crimes carry time-limited prohi- background checks were successfully seven states to implement efficient, eq- bitions on working in long-term care screening out workers who shouldn’t be uitable systems that cost-effectively facilities. By comparison, Wisconsin hired. Additionally, 63 percent said screen out certain applicants for em- has chosen to enact legislation defining that the quality of employees hired has ployment in long-term care facilities. disqualifying crimes as those that improved since the pilot began. Applicants excluded are those whose carry a lifetime ban only. Alaska has The pilot program demonstrates that backgrounds include findings of sub- established a ‘‘variance’’ process to participating States are successfully stantiated abuse and/or a serious crimi- permit certain individuals to work who excluding individuals who have a his- nal history. have committed crimes but who have tory of abuse or a disqualifying crimi- The seven pilot States are Alaska, subsequently shown evidence of recov- nal background. If this model is ex- Idaho, Illinois, Michigan, Nevada, New ery. Similarly, in Idaho, some disquali- panded, the resulting nationwide sys- Mexico and Wisconsin. These States fying crimes result in an ‘‘uncondi- tem would greatly enhance the prob- have significant flexibility in several tional’’ denial that carries a lifetime ability of identifying individuals with key areas under the grant. For exam- ban on working in long-term care set- criminal backgrounds who can now ple, each State establishes parameters tings, while others result in ‘‘condi- easily escape detection. If all States for the definition of a ‘‘direct patient tional’’ denials that apply to less seri- had parallel, multi-level, comprehen- access employee’’ for workers who ous crimes that may be waived under sive systems in place, very few poten- must be checked, and defines specific certain circumstances, following an tially abusive workers would be hired criteria for ‘‘disqualifying’’ crimes that ‘‘exemption review’’ by the Depart- into positions of caring for the ex- prohibit a long-term care employer ment of Health and Welfare. tremely vulnerable residents of our Na- from hiring workers with such his- The data on results from the pilot tion’s long-term care facilities. tories. programs are impressive. Among the The MMA pilot program is scheduled In other areas, the pilot States must seven States, Michigan’s information is to end this September. I urge the Sen- meet Federal standards. They must the most complete. In the first year of ate not to let this initiative simply ex- cover a broad range of long-term care operation, Michigan excluded more pire. Rather, I hope that we will take providers, including nursing homes, than 3,000 people with records of abuse the logical step of expanding on the home health agencies and intermediate or a disqualifying criminal history. As success of this program, and provide care facilities for the mentally re- of April 30, 2007, 625 of these were ex- limited federal funding for all other tarded. States must require each appli- cluded through a fingerprint check. States to create similar programs. The cant to submit a written statement Twenty-five percent of these exclusions Patient Safety and Abuse Prevention were identified through an FBI check disclosing any disqualifying informa- Act also lays out sensible standards for only, a fact that State officials believe tion, and to authorize a State and na- creating a nationwide system that will indicates that these individuals com- tional criminal record check. prevent predators, who now go unde- As is currently required under Fed- mitted crimes in other States, or have tected, from being hired into positions eral law, providers must search any been avoiding prosecution within the where they can harm society’s most available registry that is likely to con- State. Information for Nevada, while vulnerable people. I sincerely hope that tain disqualifying information about less complete, suggests similar results. all of my colleagues will join me in an applicant. Forty-one States already As of last December, Nevada was iden- this effort. tifying an even higher percentage of in- require a criminal background check of I ask unanimous consent that the bill dividuals with criminal histories on some variety, mostly at the State and supporting material be printed in the basis of an FBI check only. level. The pilot States have integrated the RECORD. The director of Michigan’s workforce There being no objection, material their systems to coordinate these background check program, Orlene was ordered to be printed in the checks in a single streamlined process Christie, recently testified before the RECORD, as follows: and added a Federal background check Special Committee on Aging about the S. 1577 through the FBI’s Integrated Auto- State’s program. ‘‘The applicants that Be it enacted by the Senate and House of Rep- mated Fingerprint Identification Sys- have been excluded from employment resentatives of the United States of America in tem. Applicants who are subsequently are not the types of people Michigan Congress assembled, found to have a record of substantiated could ever allow to work with our most SECTION 1. SHORT TITLE. abuse or a serious criminal history vulnerable citizens,’’ she said. ‘‘We This Act may be cited as the ‘‘Patient cannot be hired. But individuals who have prevented hardened criminals Safety and Abuse Prevention Act of 2007’’. are denied employment can appeal the that otherwise would have access to SEC. 2. FINDINGS AND PURPOSES. background check results. Finally, fa- (a) FINDINGS.—Congress makes the fol- our vulnerable population from em- lowing findings: cilities can use the results of the back- ployment.’’ ground checks only for the purpose of (1) Frail elders are a highly vulnerable pop- Ms. Christie also noted that ‘‘of the ulation who often lack the ability to give determining suitability of employ- criminal history reports examined, consent or defend themselves. Since the best ment. fraudulent activity and controlled sub- predictor of future behavior is past behavior, That is the basic structure of the stance violations account for 25 per- individuals with histories of abuse pose a pilot program that Congress enacted 4 cent of all disqualifying crimes. Fraud- definite risk to patients and residents of years ago. Since then, we have learned ulent activity includes such things as long-term care facilities. important lessons from the pilot embezzlement, identity theft, and cred- (2) Every month, there are stories in the States’ experiences. For example, fed- it card fraud. This is particularly media of health care employees who commit criminal misconduct on the job and are later eral funds have been used for a variety alarming giving the projected increase of purposes. States have used pilot found, through a background check con- in financial abuse of the elderly.’’ ducted after the fact, to have a history of funds to hire new staff to administer Importantly, Michigan has imple- convictions for similar crimes. background checks; to purchase mobile mented a ‘‘rap back’’ system where the (3) A 2006 study conducted by the Depart- digital scanners; to pay for the cost of Michigan State Police notifies the ment of Health and Human Services deter- fingerprint checks; to provide tech- health agency of any subsequent ar- mined that— nical assistance to facilities; and to rest, which in turn notifies the em- (A) criminal background checks are a valu- build online systems that applicants ployer. This is a key component of the able tool for employers during the hiring and providers can readily access, and bill we are introducing today. It will process; which serve to integrate information allow the States, as well as the FBI, to (B) the use of criminal background checks during the hiring process does not limit the from various registries and entities, ensure that an employer will be auto- pool of potential job applicants; and as storage and retrieval systems. matically notified as soon as a work- (C) ‘‘a correlation exists between criminal States have passed legislation under er’s criminal history record is updated. history and incidences of abuse’’; and the pilot program that treat disquali- To find out what providers think of (D) the long-term care industry supports fying crimes somewhat differently. For the pilot program, Idaho conducted a the practice of conducting background

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.060 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7355 checks on potential employees in order to re- ‘‘(III) that submits an application to the out the nationwide expansion program under duce the likelihood of hiring someone who Secretary containing such information and subparagraph (A).’’. has potential to harm residents. at such time as the Secretary may specify. SEC. 4. BACKGROUND CHECKS ON DIRECT PA- (4) In 2005, the Michigan Attorney General ‘‘(B) NONAPPLICATION OF SELECTION CRI- TIENT ACCESS EMPLOYEES OF found that 10 percent of employees who were TERIA.—The selection criteria required under LONG-TERM CARE FACILITIES AND then providing services to frail elders had subsection (c)(3)(B) shall not apply. PROVIDERS. criminal backgrounds. ‘‘(C) REQUIRED FINGERPRINT CHECK AS PART (a) SCREENING OF SKILLED NURSING FACIL- (5) In 2004, the staffs of State Adult Protec- OF CRIMINAL HISTORY BACKGROUND CHECK.— ITY AND NURSING FACILITY EMPLOYEE APPLI- tive Services agencies received more than The procedures established under subsection CANTS.— 500,000 reports of elder and vulnerable adult (b)(1) shall require that the facility or pro- (1) MEDICARE PROGRAM.— vider obtain State and national criminal his- abuse, and an ombudsman report concluded (A) IN GENERAL.—Section 1819(b) of the So- that more than 15,000 nursing home com- tory background checks on the prospective cial Security Act (42 U.S.C. 1395i–3(b)) is plaints involved abuse, including nearly 4,000 employee utilizing a search of State and amended by adding at the end the following complaints of physical abuse, more than 800 Federal criminal history records and includ- new paragraph: ing a fingerprint check using the Integrated complaints of sexual abuse, and nearly 1,000 ‘‘(9) SCREENING OF DIRECT PATIENT ACCESS Automated Fingerprint Identification Sys- complaints of financial exploitation; EMPLOYEES.— tem of the Federal Bureau of Investigation. (6) The Department of Health and Human ‘‘(A) SCREENING AND CRIMINAL HISTORY ‘‘(D) PAYMENTS.— Services has determined that while 41 States BACKGROUND CHECKS ON APPLICANTS.— ‘‘(i) NEWLY PARTICIPATING STATES.— now require criminal background checks on ‘‘(i) SCREENING.—Beginning on January 1, ‘‘(I) IN GENERAL.—As part of the applica- certified nurse aides prior to employment, 2011, before hiring a direct patient access em- tion submitted by a State under subpara- only half of those (22) require criminal back- ployee, a skilled nursing facility shall screen graph (A)(i)(III), the State shall guarantee, ground checks at the Federal level. the employee for any disqualifying informa- with respect to the costs to be incurred by (b) PURPOSES.—The purposes of this Act tion in accordance with such procedures as the State in carrying out the nationwide ex- are to— the State shall establish through a search pansion program, that the State will make (1) create a coordinated, nationwide sys- of— available (directly or through donations tem of State criminal background checks from public or private entities) a particular ‘‘(I) State-based abuse and neglect reg- that would greatly enhance the chances of amount of non-Federal contributions. istries and databases, including the abuse identifying individuals with problematic and neglect registries and databases of an- ‘‘(II) FEDERAL MATCH.—The payment backgrounds who move across State lines; amount to each State that the Secretary en- other State in the case where a prospective (2) stop individuals who have a record of ters into an agreement with under subpara- employee previously resided in that State; substantiated abuse, or a serious criminal graph (A)(i) shall be 3 times the amount that and record, from preying on helpless elders and the State guarantees to make available ‘‘(II) criminal records and the records of individuals with disabilities; and under subclause (I), except that in no case any proceedings that may contain disquali- (3) provide assurance to long-term care em- may the payment amount exceed $3,000,000. fying information about applicants, such as ployers and the residents they care for that ‘‘(ii) PREVIOUSLY PARTICIPATING STATES.— proceedings conducted by State professional potentially abusive workers will not be hired ‘‘(I) IN GENERAL.—As part of the applica- licensing and disciplinary boards and State into positions of providing services to the ex- tion submitted by a State under subpara- medicaid fraud control units. tremely vulnerable residents of our Nation’s graph (A)(ii)(III), the State shall guarantee, ‘‘(ii) CRIMINAL HISTORY BACKGROUND long-term care facilities. with respect to the costs to be incurred by CHECKS.—As part of such screening, the SEC. 3. NATIONWIDE EXPANSION OF PILOT PRO- the State in carrying out the nationwide ex- skilled nursing facility shall request that the GRAM FOR NATIONAL AND STATE pansion program, that the State will make State agency designated under subsection BACKGROUND CHECKS ON DIRECT available (directly or through donations (e)(6)(E) oversee the coordination of a State PATIENT ACCESS EMPLOYEES OF from public or private entities) a particular and national criminal history background LONG-TERM CARE FACILITIES OR amount of non-Federal contributions. check that utilizes a search of State and PROVIDERS. ‘‘(II) FEDERAL MATCH.—The payment Federal criminal history records and in- Section 307 of the Medicare Prescription amount to each State that the Secretary en- cludes a fingerprint check using the Inte- Drug, Improvement, and Modernization Act ters into an agreement with under subpara- grated Automated Fingerprint Identification of 2003 (42 U.S.C. 1395aa note) is amended by graph (A)(ii) shall be 3 times the amount System of the Federal Bureau of Investiga- adding at the end the following new sub- that the State guarantees to make available tion. section: under subclause (I), except that in no case ‘‘(iii) USE OF PROCEDURES PREVIOUSLY ES- ‘‘(h) NATIONWIDE EXPANSION PROGRAM.— may the payment amount exceed $1,500,000. TABLISHED.—Nothing in this paragraph shall ‘‘(1) IN GENERAL.—Beginning on the date of ‘‘(iii) NO RESERVATION FOR EVALUATION.— be construed as preventing a State from enactment of the Patient Safety and Abuse There shall be no reservation of any portion using procedures established for purposes of Prevention Act of 2007, the Secretary shall of the payment amount provided under the pilot program for National and State expand the pilot program under this section clauses (i) or (ii) for conducting an evalua- background checks on direct patient access to be conducted on a nationwide basis (in tion. employees of long-term care facilities or pro- this subsection, such expanded pilot program ‘‘(E) EVALUATIONS AND REPORT.— viders under section 307 of the Medicare Pre- shall be referred to as the ‘nationwide expan- ‘‘(i) EVALUATIONS.—The Inspector General scription Drug, Improvement, and Mod- sion program’). Except for the following of the Department of Health and Human ernization Act of 2003, or the nationwide ex- modifications, the provisions of this section Services shall conduct an annual evaluation pansion program under subsection (h) of such shall apply to the nationwide expansion pro- of the nationwide expansion program in each section, to satisfy the requirements of para- gram: of calendar years 2008 and 2009. graph (6). ‘‘(A) AGREEMENTS.— ‘‘(ii) REPORTS.—Not later than 6 months ‘‘(B) PROHIBITION ON HIRING OF ABUSIVE ‘‘(i) NEWLY PARTICIPATING STATES.—The after completion of the second year of the WORKERS.— Secretary shall enter into agreements with nationwide expansion program, the Inspector ‘‘(i) IN GENERAL.—Subject to clause (ii), a each State— General of the Department of Health and skilled nursing facility may not knowingly ‘‘(I) that the Secretary has not entered Human Services shall submit a report to employ any direct patient access employee into an agreement with under subsection Congress containing the results of the an- who has any disqualifying information (as (c)(1); nual evaluations conducted under clause (i), defined in subparagraph (F)(ii)). ‘‘(II) that agrees to conduct background together with recommendations for the im- ‘‘(ii) PROVISIONAL EMPLOYMENT.—Subject checks under the nationwide expansion pro- plementation of the requirements of sections to clause (iii), the State may permit a gram on a Statewide basis; and 1819(b)(9) and 1919(b)(9) of the Social Security skilled nursing facility to provide for a pro- ‘‘(III) that submits an application to the Act, as added by section (3)(a) of the Patient visional period of employment (not to exceed Secretary containing such information and Safety and Abuse Prevention Act of 2007. 30 days) for a direct patient access em- at such time as the Secretary may specify. ‘‘(2) FUNDING.— ployee— ‘‘(ii) CERTAIN PREVIOUSLY PARTICIPATING ‘‘(A) NOTIFICATION.—The Secretary shall ‘‘(I) pending completion of the screening STATES.—The Secretary shall enter into notify the Secretary of the Treasury of the and background check required under sub- agreements with each State— amount necessary to carry out the nation- paragraph (A); and ‘‘(I) that the Secretary has entered into an wide expansion program under this sub- ‘‘(II) in the case where the employee has agreement with under subsection (c)(1) in the section for the period of fiscal years 2008 appealed the results of such screening and case where such agreement did not require through 2010, except that in no case shall background check, pending completion of the State to conduct background checks such amount exceed $156,000,000. the appeals process. under the pilot program established under ‘‘(B) TRANSFER OF FUNDS.—Out of any ‘‘(iii) SUPERVISION.—The facility shall subsection (a) on a Statewide basis; funds in the Treasury not otherwise appro- maintain direct on-site supervision of the ‘‘(II) that agrees to conduct background priated, the Secretary of the Treasury shall employee during such provisional period of checks under the nationwide expansion pro- provide for the transfer to the Secretary of employment. gram on a Statewide basis; and the amount specified as necessary to carry ‘‘(C) PROCEDURES.—

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‘‘(i) IN GENERAL.—The procedures estab- screening or a criminal history background ‘‘(A) have procedures in place for the con- lished by the State under subparagraph (A) check shall use such information only for duct of screening and criminal history back- shall be designed to accomplish the fol- the purpose of determining the suitability of ground checks under subparagraph (A) of lowing: the employee for employment. subsection (b)(9), in accordance with the re- ‘‘(I) Give a prospective direct patient ac- ‘‘(ii) IMMUNITY FROM LIABILITY.—A skilled quirements of subparagraph (C) of such sub- cess employee notice that the skilled nurs- nursing facility that, in denying employ- section; ing facility is required to perform back- ment for an applicant, reasonably and in ‘‘(B) be responsible for monitoring compli- ground checks with respect to new employ- good faith relies upon credible information ance with the procedures and requirements ees, including a fingerprint check as part of about such applicant provided by a criminal of such subsection; the national criminal history background history background check shall not be liable ‘‘(C) as appropriate, provide for a provi- check conducted under subparagraph (A)(ii) in any action brought by such applicant sional period of employment of a direct pa- in the case of any new employee who does based on the employment determination re- tient access employee under clause (ii) of not have a certificate indicating that a fin- sulting from the information. subparagraph (B) of such subsection, includ- gerprint check has been completed and has ‘‘(iii) PROHIBITION ON CHARGING EMPLOYEES ing procedures to ensure that a skilled nurs- not found any disqualifying information (as FEES FOR CONDUCTING BACKGROUND CHECKS.— ing facility provides direct on-site super- described in subclause (V)). A skilled nursing facility shall not charge a vision of the employee in accordance with ‘‘(II) Require, as a condition of employ- prospective direct patient access employee a clause (iii) of such subparagraph; ment, that the employee— fee for the screening or criminal history ‘‘(D) provide an independent process by ‘‘(aa) provide a written statement dis- background check conducted under this which a provisional employee or an em- closing any disqualifying information; paragraph. ployee may appeal or dispute the accuracy of ‘‘(bb) provide a statement signed by the ‘‘(E) PENALTIES.— the information obtained in a background employee authorizing the facility to request ‘‘(i) IN GENERAL.— check performed under such subsection; and a background check that includes a search of ‘‘(I) STATE PENALTIES.—Subject to sub- ‘‘(E) designate a single State agency as re- the registries and databases described in clause (II), a skilled nursing facility that sponsible for— clause (i)(I) of subparagraph (A) and the violates the provisions of this paragraph ‘‘(i) overseeing the coordination of any records described in clause (i)(II) of such sub- paragraph and a criminal history back- shall be subject to such penalties as the State and national criminal history back- ground check conducted in accordance with State determines appropriate to enforce the ground checks requested by a skilled nursing clause (ii) of such subparagraph that in- requirements of this paragraph. A skilled facility utilizing a search of State and Fed- cludes a fingerprint check using the Inte- nursing facility shall report to the Secretary eral criminal history records, including a grated Automated Fingerprint System of the on a quarterly basis any penalties imposed fingerprint check of such records; Federal Bureau of Investigation; by the State under the preceding sentence. ‘‘(ii) reviewing, using appropriate privacy ‘‘(cc) provide the facility with a rolled set ‘‘(II) EXCLUSION FROM PARTICIPATION.—In and security safeguards, the results of any of the employee’s fingerprints or submit to any case where the Secretary determines State or national criminal history back- being fingerprinted; and that a State is not sufficiently enforcing the ground checks conducted regarding a pro- ‘‘(dd) provide any other identification in- requirements of this paragraph, the Sec- spective direct patient access employee to formation the State may require. retary may exclude a skilled nursing facility determine whether the employee has any ‘‘(III) Require the skilled nursing facility located within the State that violates the conviction for a relevant crime; to check any available registries that would provisions of this paragraph from partici- ‘‘(iii) immediately reporting to the skilled be likely to contain disqualifying informa- pating in the programs under this title and nursing facility that requested the criminal tion about a prospective employee, including title XIX (in accordance with the procedures history background checks the results of the registries and databases described in sub- of section 1128). such review; and clause (I) of subparagraph (A)(i) and the ‘‘(ii) KNOWING RETENTION OF WORKER.—In ‘‘(iv) in the case of an employee with a con- records described in clause (II) of such sub- addition to any penalty under clause (i), a viction for a relevant crime that is subject paragraph. skilled nursing facility that knowingly con- to reporting under section 1128E of the So- ‘‘(IV) Provide a prospective direct patient tinues to employ a direct patient access em- cial Security Act (42 U.S.C. 1320a–7e), report- access employee the opportunity to request a ployee in violation of subparagraph (A) or ing the existence of such conviction to the copy of the results of the background check (B) shall be subject to a civil penalty in an database established under that section; conducted with respect to such employee and amount not to exceed $5,000 for the first such ‘‘(F) have a system in place for deter- to correct any errors by providing appro- violation, and $10,000 for the second and each mining and levying appropriate penalties for priate documentation to the State and the subsequent violation within any 5-year pe- violations of the provisions of such sub- facility. riod. section; ‘‘(V) Upon completion of a fingerprint ‘‘(F) DEFINITIONS.—In this paragraph: ‘‘(G) have a system in place for deter- check as part of the national criminal his- ‘‘(i) CONVICTION FOR A RELEVANT CRIME.— mining which individuals are direct patient tory background check conducted with re- The term ‘conviction for a relevant crime’ access employees for purposes of subpara- spect to a direct patient access employee means any Federal or State criminal convic- graph (F)(iii) of such subsection; under subparagraph (A)(ii), provide the tion for— ‘‘(H) as appropriate, specify offenses, in- skilled nursing facility and the direct pa- ‘‘(I) any offense described in section cluding violent crimes, for purposes of sub- tient access employee with a certificate indi- 1128(a); and paragraph (F)(i)(II) of such subsection; and cating that such fingerprint check has been ‘‘(II) such other types of offenses, including ‘‘(I) develop ‘rap back’ capability such completed and no disqualifying information violent crimes, as the State may specify. that, if a direct patient access employee of a was found. Such certificate shall— ‘‘(ii) DISQUALIFYING INFORMATION.—The skilled nursing facility is convicted of a ‘‘(aa) be valid for 2 years; and term ‘disqualifying information’ means in- crime following the initial criminal history ‘‘(bb) in the case where such direct patient formation about a conviction for a relevant background check conducted with respect to access employee is hired by any other skilled crime or a finding of substantiated patient such employee, and the employee’s finger- nursing facility located in the State during or resident abuse. prints match the prints on file with the such 2-year period, satisfy the requirement ‘‘(iii) DIRECT PATIENT ACCESS EMPLOYEE.— State law enforcement department, the de- that such facility have a fingerprint check The term ‘direct patient access employee’ partment will immediately inform the State conducted as part of such national criminal means any individual who has access to a pa- agency designated under subparagraph (E).’’. history background check. tient or resident of a skilled nursing facility (2) MEDICAID PROGRAM.— ‘‘(ii) ELIMINATION OF UNNECESSARY through employment or through a contract (A) IN GENERAL.—Section 1919(b) of the So- CHECKS.—The procedures established by the with such facility and has duties that in- cial Security Act (42 U.S.C. 1396r(b)) is State under subparagraph (A) shall permit a volve (or may involve) one-on-one contact amended by adding at the end the following skilled nursing facility to terminate the with a patient or resident of the facility, as new paragraph: background check at any stage at which the determined by the State for purposes of this ‘‘(9) SCREENING OF DIRECT PATIENT ACCESS facility obtains disqualifying information re- paragraph. Such term does not include a vol- EMPLOYEES.— garding a prospective direct patient access unteer unless the volunteer has duties that ‘‘(A) SCREENING AND CRIMINAL HISTORY employee. are equivalent to the duties of a direct pa- BACKGROUND CHECKS ON APPLICANTS.— ‘‘(iii) DEVELOPMENT OF MODEL FORM OF CER- tient access employee and those duties in- ‘‘(i) SCREENING.—Beginning on January 1, TIFICATE.—The Secretary shall develop a volve (or may involve) one-on-one contact 2011, before hiring a direct patient access em- model form of the certificate described in with a patient or resident of the facility.’’. ployee, a nursing facility shall screen the clause (i)(V) that States may use to satisfy (B) CONFORMING AMENDMENT.—Section employee for any disqualifying information the requirements of such clause. 1819(e) of the Social Security Act (42 U.S.C. in accordance with such procedures as the ‘‘(D) USE OF INFORMATION; IMMUNITY FROM 1395i–3(e)) is amended by adding at the end State shall establish through a search of— LIABILITY.— the following new paragraph: ‘‘(I) State-based abuse and neglect reg- ‘‘(i) USE OF INFORMATION.—A skilled nurs- ‘‘(6) SCREENING OF DIRECT PATIENT ACCESS istries and databases, including the abuse ing facility that obtains information about a EMPLOYEES.—Beginning on January 1, 2011, and neglect registries and databases of an- direct patient access employee pursuant to the State must— other State in the case where a prospective

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.052 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7357 employee previously resided in that State; ‘‘(cc) provide the facility with a rolled set requirements of this paragraph, the Sec- and of the employee’s fingerprints or submit to retary may exclude a nursing facility lo- ‘‘(II) criminal records and the records of being fingerprinted; and cated within the State that violates the pro- any proceedings that may contain disquali- ‘‘(dd) provide any other identification in- visions of this paragraph from participating fying information about applicants, such as formation the State may require. in the programs under this title and title proceedings conducted by State professional ‘‘(III) Require the nursing facility to check XVIII (in accordance with the procedures of licensing and disciplinary boards and State any available registries that would be likely section 1128). medicaid fraud control units. to contain disqualifying information about a ‘‘(ii) KNOWING RETENTION OF WORKER.—In ‘‘(ii) CRIMINAL HISTORY BACKGROUND prospective employee, including the reg- addition to any penalty under clause (i), a CHECKS.—As part of such screening, the nurs- istries and databases described in subclause nursing facility that knowingly continues to ing facility shall request that the State (I) of subparagraph (A)(i) and the records de- employ a direct patient access employee in agency designated under subsection (e)(6)(E) scribed in clause (II) of such subparagraph. violation of subparagraph (A) or (B) shall be oversee the coordination of a State and na- ‘‘(IV) Provide a prospective direct patient subject to a civil penalty in an amount not tional criminal history background check access employee the opportunity to request a to exceed $5,000 for the first such violation, that utilizes a search of State and Federal copy of the results of the background check and $10,000 for the second and each subse- criminal history records and includes a fin- conducted with respect to such employee and quent violation within any 5-year period. gerprint check using the Integrated Auto- to correct any errors by providing appro- ‘‘(F) DEFINITIONS.—In this paragraph: mated Fingerprint Identification System of priate documentation to the State and the ‘‘(i) CONVICTION FOR A RELEVANT CRIME.— the Federal Bureau of Investigation. nursing facility. The term ‘conviction for a relevant crime’ ‘‘(iii) USE OF PROCEDURES PREVIOUSLY ES- ‘‘(V) Upon completion of a fingerprint means any Federal or State criminal convic- TABLISHED.—Nothing in this paragraph shall check as part of the national criminal his- tion for— be construed as preventing a State from tory background check conducted with re- ‘‘(I) any offense described in section using procedures established for purposes of spect to a direct patient access employee 1128(a); and the pilot program for National and State under subparagraph (A)(ii), provide the nurs- ‘‘(II) such other types of offenses, including background checks on direct patient access ing facility and the direct patient access em- violent crimes, as the State may specify. employees of long-term care facilities or pro- ployee with a certificate indicating that viders under section 307 of the Medicare Pre- such fingerprint check has been completed ‘‘(ii) DISQUALIFYING INFORMATION.—The scription Drug, Improvement, and Mod- and no disqualifying information was found. term ‘disqualifying information’ means in- ernization Act of 2003, or the nationwide ex- Such certificate shall— formation about a conviction for a relevant pansion program under subsection (h) of such ‘‘(aa) be valid for 2 years; and crime or a finding of substantiated patient section, to satisfy the requirements of para- ‘‘(bb) in the case where such direct patient or resident abuse. graph (6). access employee is hired by any other nurs- ‘‘(iii) DIRECT PATIENT ACCESS EMPLOYEE.— ‘‘(B) PROHIBITION ON HIRING OF ABUSIVE ing facility located in the State during such The term ‘direct patient access employee’ WORKERS.— 2-year period, satisfy the requirement that means any individual who has access to a pa- ‘‘(i) IN GENERAL.—Subject to clause (ii), a such facility have a fingerprint check con- tient or resident of a nursing facility nursing facility may not knowingly employ ducted as part of such national criminal his- through employment or through a contract any direct patient access employee who has tory background check. with such facility and has duties that in- any disqualifying information (as defined in ‘‘(ii) ELIMINATION OF UNNECESSARY volve (or may involve) one-on-one contact subparagraph (F)(ii)). CHECKS.—The procedures established by the with a patient or resident of the facility, as ‘‘(ii) PROVISIONAL EMPLOYMENT.—Subject State under subparagraph (A) shall permit a determined by the State for purposes of this to clause (iii), the State may permit a nurs- nursing facility to terminate the background paragraph. Such term does not include a vol- ing facility to provide for a provisional pe- check at any stage at which the facility ob- unteer unless the volunteer has duties that riod of employment (not to exceed 30 days) tains disqualifying information regarding a are equivalent to the duties of a direct pa- for a direct patient access employee— prospective direct patient access employee. tient access employee and those duties in- ‘‘(I) pending completion of the screening ‘‘(iii) DEVELOPMENT OF MODEL FORM OF CER- volve (or may involve) one-on-one contact and background check required under sub- TIFICATE.—The Secretary shall develop a with a patient or resident of the facility.’’. paragraph (A); and model form of the certificate described in (B) CONFORMING AMENDMENT.—Section ‘‘(II) in the case where the employee has clause (i)(V) that States may use to satisfy 1919(e) of the Social Security Act (42 U.S.C. appealed the results of such screening and the requirements of such clause. 1396r(e)) is amended by adding at the end the background check, pending completion of ‘‘(D) USE OF INFORMATION; IMMUNITY FROM following new paragraph: the appeals process. LIABILITY.— ‘‘(8) SCREENING OF DIRECT PATIENT ACCESS ‘‘(iii) SUPERVISION.—The facility shall ‘‘(i) USE OF INFORMATION.—A nursing facil- EMPLOYEES.—Beginning on January 1, 2011, maintain direct on-site supervision of the ity that obtains information about a direct the State must— employee during such provisional period of patient access employee pursuant to screen- ‘‘(A) have procedures in place for the con- employment. ing or a criminal history background check duct of screening and criminal history back- ‘‘(C) PROCEDURES.— shall use such information only for the pur- ground checks under subparagraph (A) of ‘‘(i) IN GENERAL.—The procedures estab- pose of determining the suitability of the subsection (b)(9), in accordance with the re- lished by the State under subparagraph (A) employee for employment. quirements of subparagraph (C) of such sub- shall be designed to accomplish the fol- ‘‘(ii) IMMUNITY FROM LIABILITY.—A nursing section; lowing: facility that, in denying employment for an ‘‘(B) be responsible for monitoring compli- ‘‘(I) Give a prospective direct patient ac- applicant, reasonably and in good faith relies ance with the procedures and requirements cess employee notice that the nursing facil- upon credible information about such appli- of such subsection; ity is required to perform background checks cant provided by a criminal history back- ‘‘(C) as appropriate, provide for a provi- with respect to new employees, including a ground check shall not be liable in any ac- sional period of employment of a direct pa- fingerprint check as part of the national tion brought by such applicant based on the tient access employee under clause (ii) of criminal history background check con- employment determination resulting from subparagraph (B) of such subsection, includ- ducted under subparagraph (A)(ii) in the case the information. ing procedures to ensure that a nursing facil- of any new employee who does not have a ‘‘(iii) PROHIBITION ON CHARGING EMPLOYEES ity provides direct on-site supervision of the certificate indicating that a fingerprint FEES FOR CONDUCTING BACKGROUND CHECKS.— employee in accordance with clause (iii) of check has been completed and has not found A nursing facility shall not charge a prospec- such subparagraph; any disqualifying information (as described tive direct patient access employee a fee for ‘‘(D) provide an independent process by in subclause (V)) the screening or criminal history back- which a provisional employee or an em- ‘‘(II) Require, as a condition of employ- ground check conducted under this para- ployee may appeal or dispute the accuracy of ment, that the employee— graph. the information obtained in a background ‘‘(aa) provide a written statement dis- ‘‘(E) PENALTIES.— check performed under such subsection; and closing any disqualifying information; ‘‘(i) IN GENERAL.— ‘‘(E) designate a single State agency as re- ‘‘(bb) provide a statement signed by the ‘‘(I) STATE PENALTIES.—Subject to sub- sponsible for— employee authorizing the facility to request clause (II), a nursing facility that violates ‘‘(i) overseeing the coordination of any a background check that includes a search of the provisions of this paragraph shall be sub- State and national criminal history back- the registries and databases described in ject to such penalties as the State deter- ground checks requested by a nursing facil- clause (i)(I) of subparagraph (A) and the mines appropriate to enforce the require- ity utilizing a search of State and Federal records described in clause (i)(II) of such sub- ments of this paragraph. A nursing facility criminal history records, including a finger- paragraph and a criminal history back- shall report to the Secretary on a quarterly print check of such records; ground check conducted in accordance with basis any penalties imposed by the State ‘‘(ii) reviewing, using appropriate privacy clause (ii) of such subparagraph that in- under the preceding sentence. and security safeguards, the results of any cludes a fingerprint check using the Inte- ‘‘(II) EXCLUSION FROM PARTICIPATION.—In State or national criminal history back- grated Automated Fingerprint System of the any case where the Secretary determines ground checks conducted regarding a pro- Federal Bureau of Investigation; that a State is not sufficiently enforcing the spective direct patient access employee to

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determine whether the employee has any dures to reimburse the costs of conducting (4) REGULATIONS.—Not later than 3 years conviction for a relevant crime; national criminal history background checks after the date of enactment of this Act, the ‘‘(iii) immediately reporting to the nursing under sections 1819(b)(9), 1919(b)(9), 1898, and Secretary of Health and Human Services facility that requested the criminal history 1902(a)(71) of the Social Security Act, as shall promulgate regulations to carry out background checks the results of such re- added by subsections (a)(1), (a)(2), (b)(1), and this subsection. view; and (b)(2), respectively, through the following SEC. 5. BACKGROUND CHECKS PROVIDED BY THE ‘‘(iv) in the case of an employee with a con- mechanisms, in such proportion as the Sec- FEDERAL BUREAU OF INVESTIGA- viction for a relevant crime that is subject retary determines appropriate: TION. to reporting under section 1128E of the So- (i) By providing payments to skilled nurs- (a) DEVELOPMENT OF RAP BACK CAPABILI- cial Security Act (42 U.S.C. 1320a–7e), report- ing facilities and long-term care facilities or TIES.— ing the existence of such conviction to the providers for costs incurred as are attrib- (1) IN GENERAL.—Not later than January 1, database established under that section; utable to the conduct of such national crimi- 2011, the Director of the Federal Bureau of ‘‘(F) have a system in place for deter- nal history background checks under such Investigation (in this section referred to as mining and levying appropriate penalties for section 1819(b)(9). the ‘‘Director’’) shall ensure that the Inte- violations of the provisions of such sub- (ii) By making a payment, from sums ap- grated Automated Fingerprint Identification section; propriated therefore, under section 1903(a) of System of the Federal Bureau of Investiga- ‘‘(G) have a system in place for deter- the Social Security Act (42 U.S.C. 1396b(a)) tion has the capacity to store and retrieve mining which individuals are direct patient to each State which has a plan approved fingerprints from its database. access employees for purposes of subpara- under title XIX of the Social Security Act (2) NOTIFICATION OF CONVICTION OF DIRECT graph (F)(iii) of such subsection; (42 U.S.C. 1396 et seq.), for each quarter, be- PATIENT ACCESS EMPLOYEE.—In the case ‘‘(H) as appropriate, specify offenses, in- ginning with the quarter commencing on where a direct patient access employee (as cluding violent crimes, for purposes of sub- January 1, 2011, in an amount equal to 90 per- defined in subparagraph (F)(iii) of sections paragraph (F)(i)(II) of such subsection; and cent of the sums expended with respect to 1819(b)(9) and 1919(b)(9) of the Social Security ‘‘(I) develop ‘rap back’ capability such costs incurred during such quarter as are at- Act, as added by section 4(a)) is convicted of that, if a direct patient access employee of a tributable to the conduct of such national a crime following the initial national crimi- nursing facility is convicted of a crime fol- criminal history background checks under nal history background check conducted lowing the initial criminal history back- such section 1919(b)(9). with respect to such employee under such ground check conducted with respect to such (B) FUNDING FOR PAYMENTS FOR COSTS IN- sections 1819(b)(9) and 1919(b)(9), and the em- employee, and the employee’s fingerprints CURRED UNDER MEDICARE PROGRAM.—The Sec- ployee’s fingerprint matches the prints on match the prints on file with the State law retary of Health and Human Services shall file with the Federal Bureau of Investiga- enforcement department, the department provide for the transfer, in appropriate part tion, the Bureau shall inform the State law will immediately inform the State agency from the Federal Hospital Insurance Trust enforcement department, in order for the designated under subparagraph (E).’’. Fund established under section 1817 of the State to inform the skilled nursing facility, (b) APPLICATION TO OTHER LONG-TERM CARE Social Security Act (42 U.S.C. 1395i) and the nursing facility, or long-term care facility or Federal Supplementary Insurance Trust FACILITIES OR PROVIDERS.— provider of such conviction in accordance Fund established under section 1841 of such (1) MEDICARE.—Part E of title XVIII of the with the requirements of sections Social Security Act (42 U.S.C. 1395x et seq.) Act (42 U.S.C. 1395t), of such funds as are nec- 1819(e)(6)(I) and 1919(e)(8)(I) of the Social Se- is amended by adding at the end the fol- essary to make payments under subpara- curity Act, as added by section 4(a). graph (A)(i) for fiscal year 2011 and each fis- lowing: (b) REASONABLE FEE FOR NATIONAL CRIMI- cal year thereafter. NAL HISTORY BACKGROUND CHECKS CONDUCTED ‘‘APPLICATION OF SKILLED NURSING FACILITY (C) DETERMINATION OF APPROPRIATE PRO- ON EMPLOYEES OF LONG-TERM CARE FACILI- PREVENTIVE ABUSE PROVISIONS TO LONG- PORTION.—In establishing the procedures TERM CARE FACILITIES AND PROVIDERS TIES.—The Director may charge a reasonable under subparagraph (A), the Secretary of fee, in consultation with the Secretary of ‘‘SEC. 1898. (a) The provisions of section Health and Human Services shall determine Health and Human Services, for a national 1819(b)(9) shall apply to a long-term care fa- what proportion of payments using the criminal history background check using the cility or provider (as defined in subsection mechanisms described in such subparagraph Integrated Automated Fingerprint Identi- (b)) in the same manner as such provisions would result in an equitable allocation of the fication System of the Federal Bureau of In- apply to a skilled nursing facility. costs of such reimbursement between the vestigation that is conducted under section ‘‘(b) LONG-TERM CARE FACILITY OR PRO- Medicare program under title XVIII of the 1819(b)(9), 1919(b)(9), 1898, or 1902(a)(71) of the VIDER.—In this section, the term ‘long-term Social Security Act and the Medicaid pro- Social Security Act, as added by subsections care facility or provider’ means the fol- gram under title XIX of such Act. (a)(1), (a)(2), (b)(1), and (b)(2) of section 4, re- lowing facilities or providers which receive (2) ENSURING NO DUPLICATIVE PAYMENTS.— spectively, that represents the actual cost of payment for services under this title or title The procedures established under paragraph conducting such national criminal history XIX: (1)(A) shall ensure that no duplicative pay- ‘‘(1) A home health agency. ments are made for the costs of conducting background check. ‘‘(2) A provider of hospice care. such national criminal history background ‘‘(3) A long-term care hospital. checks, including any duplication of pay- THE NURSING HOME REFORM ACT TURNS ‘‘(4) A provider of personal care services. ments made under the pilot program for na- TWENTY: WHAT HAS BEEN ACCOMPLISHED, ‘‘(5) A provider of adult day care. tional and State background checks on di- AND WHAT CHALLENGES REMAIN? ‘‘(6) A residential care provider that ar- rect patient access employees of long-term (By Orlene Christie) ranges for, or directly provides, long-term care facilities or providers under section 307 Thank you, Senators Kohl and Smith and care services, including an assisted living fa- of the Medicare Prescription Drug, Improve- the Senate Special Committee on Aging for cility that provides a level of care estab- ment, and Modernization Act of 2007, includ- this opportunity to testify before you today lished by the Secretary. ing the nationwide expansion program under on Michigan’s Workforce Background Check ‘‘(7) An intermediate care facility for the subsection (h) of such section, as added by Program. mentally retarded (as defined in section section 3. My name is Orlene Christie, and I am the 1905(d)).’’. (3) SUBMISSION OF COSTS INCURRED BY FA- Director of the Legislative and Statutory (2) MEDICAID.—Section 1902(a) of the Social CILITIES IN PERFORMING CHECKS.— Compliance Office in the Michigan Depart- Security Act (42 U.S.C. 1396a) is amended— (A) IN GENERAL.—The procedures estab- ment of Community Health. I oversee the (A) in paragraph (69), by striking ‘‘and’’ at lished under paragraph (1)(A) shall provide a Workforce Background Check Program. the end; process, such as through submission of a bill, In 2004, Governor Jennifer Granholm and (B) in paragraph (70)(B)(iv), by striking the by which a skilled nursing facility, a nursing the Michigan Department of Community period at the end and inserting ‘‘; and’’; and facility, and a long-term care facility or pro- Health (MDCH) Director Janet Olszewski (C) by inserting after paragraph (70)(B)(iv) vider may submit information regarding the proposed strong requirements to assure the the following: costs incurred by such facility in conducting health and safety of Michigan citizens in ‘‘(71) provide that the provisions of section national criminal history background checks long-term care facilities. This project is a 1919(b)(9) apply to a long-term care facility under sections 1819(b)(9), 1919(b)(9), 1898, and priority for the Governor and the Depart- or provider (as defined in section 1898(b)) in 1902(a)(71) of the Social Security Act, as ment Director. Working cooperatively with the same manner as such provisions apply to added by subsections (a)(1), (a)(2), (b)(1), and the Michigan Legislature, the Office of At- a nursing facility.’’. (b)(2), respectively. torney General, and the Centers for Medicaid (3) EFFECTIVE DATE.—The amendments (B) MODEL FORMS.—The Secretary of and Medicare Services (CMS), Michigan suc- made by this subsection shall take effect on Health and Human Services shall develop cessfully implemented the Workforce Back- January 1, 2011. model forms that may be used by a skilled ground Check Program. Through a competi- (c) PAYMENTS.— nursing facility, a nursing facility, and a tive process, Michigan secured from CMS a (1) PROCEDURES TO REIMBURSE COSTS OF NA- long-term care facility or provider to submit $3.5 million grant to create an effective TIONAL BACKGROUND CHECK.— a claim for reimbursement of the costs de- statewide background check system. (A) IN GENERAL.—The Secretary of Health scribed in paragraph (1)(A) that contains the Through the passage of Public Acts 27 and and Human Services shall establish proce- information described in subparagraph (A). 28 of 2006, Michigan laws were enhanced and

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.052 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7359 improved to require all applicants for em- Accessible to long-term care providers Executive Director. ployment that would have direct access to through a secure ID and password, a provider JANET C. WELLS, our most vulnerable populations—the elderly is easily able to log onto the workforce back- Director of Public Pol- and disabled—to undergo a background ground check online system to conduct a icy. check. Additionally, all employees who were check of a potential employee. If no matches hired before the effective date of April 1, are found on the registries, the applicant AARP, 2006, would need to be fingerprinted within 24 goes to an independent vendor for a digital Washington, DC, June 6, 2007. months of the enactment of the laws. live scan of their fingerprints. The prints are Hon. HERBERT H. KOHL, Before the new laws were passed, only then submitted to the Michigan State Police U.S. Senate, some employees in nursing homes, county and then to the FBI. If there is a ‘‘hit’’ on Washington, DC. medical care facilities, homes for the aged, the state or national database search, a no- DEAR SENATOR KOHL: AARP is very pleased and adult foster care facilities required some tice is sent to either the Michigan Depart- to support the bipartisan Patient Safety and type of background check. Prior to 2006, the ment of Community Health or the Michigan Abuse Prevention Act of 2007 that you are background checks were less comprehensive Department of Human Services for staff ana- sponsoring with Senator Domenici. We truly and primarily included a ‘‘name-based’’ lysts to examine the applicant’s criminal appreciate your leadership and applaud your check of the Internet Criminal History Tool history. advocacy for national criminal background (ICHAT). The FBI fingerprint check was only Michigan has also implemented a ‘‘rap checks for long-term care employees. required for employees residing in Michigan back’’ system where the Michigan State Po- Individuals with criminal convictions or for less than three (3) years. The previous lice notifies one of the two state agencies of histories of abuse can pose a significant risk law also did not require all employees with a subsequent arrest and in turn the agency to persons receiving long-term care. A sys- direct access to residents in long-term care notifies the employer. This way we can en- tem of national criminal background checks facilities to undergo a background check. sure that in real time, as soon as the crimi- is especially critical, given the mobility of Further, for those persons who were subject nal history record is updated (arrest, charge today’s workers, the turnover in the long- to a background check, there was no system- or conviction), the department and employer term care workforce, and the fact that it is atic process across the multiple health and are also notified. not unusual for individuals to work in mul- human service agencies to conduct the CONCLUSION tiple states. checks, to disseminate findings, or to follow As a result of Michigan’s Workforce Back- Your bill takes important steps to protect through on results. ground Check Program, the health and safe- individuals in both home-and community- With Michigan’s expansion of the laws, all ty of Michigan’s vulnerable population is based and institutional settings by estab- individuals with direct access to residents’ protected by ensuring that adequate safe- lishing a system of screening and national personal information, financial information, guards are in place for background criminal history background checks, includ- medical records, treatment information or screenings of direct care service workers. ing an FBI fingerprint check. These back- any other identifying information are now While the vast majority of health care ground checks would apply to employees of also required to be part of Michigan’s Work- workers are outstanding individuals who do long-term care providers receiving Medicare force Background Check Program in addi- a wonderful job caring for people in need, we or Medicaid funds whose duties involve or tion to individuals providing direct services are extremely pleased that Michigan’s Work- may involve one-on-one contact with indi- to patients. The scope of the checks was also force Background Check Program has viduals receiving long-term care. Penalties enhanced to include hospice, psychiatric hos- stopped more than 3,000 people with criminal would apply if providers knowingly hire or pitals, and hospitals with swing beds, home histories from possibly preying on our most continue to employ an individual with a con- health, and intermediate care facility/men- vulnerable citizens. By building an appeals viction for a relevant crime or a finding of tal retardation (ICFs/MR). process, we have also developed a fair system substantiated abuse of an individual receiv- ing long-term care. HOW OUR PROGRAM/SYSTEM WORKS for reviewing inaccurate criminal records or convictions. This legislation builds on the framework of Michigan created a Web based application As you can see, Michigan has been leading the criminal background check pilot pro- that integrates the databases for the avail- the way in the area of employee background gram included in the Medicare Moderniza- able registries and provides a convenient and checks. As I indicated, this project has been tion Act and gives states resources to put in effective mechanism for conducting criminal a priority of Governor Jennifer Granholm place the infrastructure for criminal back- history checks on prospective employees, and Michigan Department of Community ground checks. This bill includes many im- current employees, independent contractors Health Director Janet Olszewski. We appre- portant provisions, and we want to continue and those granted clinical privileges in fa- ciate this opportunity to share this informa- working with you to ensure that long-term cilities and agencies covered under the new tion with you today and look forward to our care employers provide adequate direct su- laws. continued cooperation on this vital topic. pervision of employees during provisional Further, the online workforce background Thank you. employment or an appeal. In addition, we check system is designed to eliminate unnec- want to improve the balance in account- essary fingerprinting through a screening NCCNHR, ability between states and providers in the process. Washington, DC, May 16, 2007. legislation. We appreciate your willingness As of April 1, 2006, 98,625 applicants had Hon. HERB KOHL, to work with AARP on this bill. been screened through Michigan’s Workforce Chairman, Special Committee on Aging, This bill would make significant strides in Background Check Program. Of the 61,474 ap- U.S. Senate, Washington, DC. protecting individuals across the country re- plicants that prompted the full background DEAR SENATOR KOHL: NCCNHR, The Na- ceiving long-term care services and we look check, 3,262 were deemed unemployable and tional Consumer Voice for Quality Long- forward to working with you and your col- excluded from potential hiring pools due to Term Care, strongly endorses and supports leagues on both sides of the aisle to advance information found on state lists such as the Patient Safety and Abuse Prevention this important initiative. If there are any ICHAT, (U.S. HHS Exclusion List) OIG exclu- Act of 2007. further questions, please feel free to call me sion list, the nurse aid registry, the sex of- The Patient Safety and Abuse Prevention or have your staff contact Rhonda Richards fender registry, the offender tracking infor- Act would close critical loopholes in the pro- of our Federal Affairs staff. mation system, and the FBI list. tection of nursing home residents and other Sincerely, The applicants that have been excluded long-term care recipients by requiring na- DAVID P. SLOANE, from employment are not the types of people tional criminal background checks on all Senior Managing Director, Government Michigan could ever allow to work with our workers who have direct access to residents. Relations and Advocacy. most vulnerable citizens. We have prevented Today, in most states, long-term care pro- hardened criminals that otherwise would viders are not required to conduct interstate STATE OF WISCONSIN, have access to our vulnerable population criminal background checks on any workers, BOARD ON AGING AND LONG TERM CARE, from employment. and where background checks are carried Madison, WI, May 16, 2007. As Michigan’s demographic profile mirrors out, they are usually confined to nursing as- Hon. HERB KOHL, that of the nation, the offenses that dis- sistants. Enactment of your legislation will Chairman, Special Committee on Aging, qualify individuals from employment in ensure that both licensed and unlicensed Washington, DC. long-term care under the new laws are ex- workers with histories of criminal abuse do DEAR SENATOR KOHL: On behalf of the Wis- pected to also be similar across the United not move from job to job and state to state consin Board on Aging and Long Term Care, States. while continuing to injure and exploit their I am pleased to express our support for the Of the criminal history reports examined, vulnerable charges. Patient Safety and Abuse Prevention Act of fraudulent activity and controlled substance NCCNHR and its members across the 2007. violations account for 25 percent of all dis- United States wish to thank you for pur- The Patient Safety and Abuse Prevention qualifying crimes. Fraudulent activity in- suing this important legislation, and we look Act would offer substantially increased pro- cludes such things as embezzlement, identity forward to working with you to ensure its tection for consumers of long-term care by theft, and credit card fraud. This is particu- passage. requiring a national criminal background larly alarming giving the projected increase Sincerely, check on all caregivers who come into direct in financial abuse of the elderly. ALICE H. HEDT, contact with residents. Today, long-term

VerDate Aug 31 2005 06:55 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.071 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7360 CONGRESSIONAL RECORD — SENATE June 7, 2007 care providers often are not required to do whether they reside in the Nation’s sequences of ocean acidification, and a interstate criminal background checks on heartland or along the coast, are im- bill by Senator SNOWE to reauthorize workers. Where background checks are done, pacted by the ocean. the Coastal Zone Management Act. they are often limited to nursing assistants. That is why I rise today, joined by This overlooks the possibility that licensed This week we celebrate Capitol Hill Vice Chairman TED STEVENS and sev- professional staff and ancillary workers such Ocean Week. Many organizations and as dietary or housekeeping staff who may eral other Commerce Committee col- agencies are using this opportunity to have criminal histories could be employed to leagues, in introducing a group of bills educate and raise public awareness deliver resident care. It is imperative that to provide for sustainable use and pro- about the impact of our oceans on our Congress ensure that workers with histories tection of our ocean and coastal areas. society and economy. The bills that my of criminal abuse cannot move from state to Our oceans and coasts provide us colleagues and I are introducing today state with impunity while continuing to with tremendous economic and rec- address many of those needs being work in a ‘‘target-rich environment.’’ reational opportunities. It is critical As well, the bill’s provisions addressing the highlighted. I urge my Senate col- need for assistance by CMS in funding the that use of ocean resources and coasts leagues to support the Commerce Com- costs of obtaining the interstate background is sustainable and that we address the mittee’s bipartisan efforts to improve checks and the requirement that states no- many existing and emerging risks to the health and management of our tify employers of subsequent offenses by pre- their well-being. As the U.S. Commis- oceans and coasts. viously cleared workers are welcome addi- sion on Ocean Policy has thoroughly Mr. President, I ask unanimous con- tions to the system. These provisions will documented, our oceans and coasts are sent that the text of the bill be printed tighten the net and make it even more dif- faced with many threats, including in the RECORD. ficult for workers with backgrounds of crimi- those posed by pollution, increasing nal misappropriation of property, abuse, and There being no objection, the text of population growth and coastal develop- neglect to find a place providing care to our the bill was ordered to be printed in ment, overfishing, climate change, and vulnerable elders. the RECORD, as follows: As the Executive Director of the Wisconsin ocean acidification. All of the bills my Board on Aging and Long Term Care, I thank colleagues and I are introducing today S. 1578 you for pursuing this important legislation, implement recommendations of the Be it enacted by the Senate and House of Rep- and I look forward to working with you to Ocean Commission. resentatives of the United States of America in ensure its passage. First, the Coral Reef Conservation Congress assembled, Sincerely, Amendments Act of 2007 would reau- SECTION 1. SHORT TITLE. GEORGE F. POTARACKE, Executive Director. thorize the Coral Reef Conservation This Act may be cited as the ‘‘Ballast Act of 2000 and provide critical authori- Water Management Act of 2007’’. THE ELDER JUSTICE COALITION, ties for preserving, restoring, and man- SEC. 2. FINDINGS. Washington, DC, June 7, 2007. aging in a sustainable manner our Section 1002(a) of the Nonindigenous Hon. HERBERT H. KOHL, coral reef ecosystems. Coral reefs are Aquatic Nuisance Prevention and Control Chairman, Special Committee on Aging, one of the oldest and most diverse eco- Act of 1990 (16 U.S.C. 4701(a)) is amended— U.S. Senate, Washington, DC. systems on the planet, and they pro- (1) by redesignating paragraphs (14) and DEAR CHAIRMAN KOHL: On behalf of the 542- (15) as paragraphs (15) and (16); member Elder Justice Coalition (EJC), I ap- vide environmental and economic bene- fits such as shoreline protection as well (2) by inserting after paragraph (13) the fol- plaud you on the planned introduction of the lowing: Patient Safety and Abuse Prevention Act of as critical habitat for approximately ‘‘(14) aquatic nuisance species may be in- 2007. The Elder Justice Coalition has long half of all federally-managed fisheries. troduced by other vessel conduits, including supported your efforts to secure passage of Second, the Hydrographic Services the hulls of ships; legislation to ensure that employees of long- Improvement Act Amendments of 2007 (3) by striking ‘‘inland lakes and rivers by term care facilities or providers do not have would reauthorize and strengthen au- recreational boaters, commercial barge traf- criminal records or other histories of abusive thorities to survey and analyze the fic, and a variety of other pathways; and’’ in conduct that could lead to endangering facil- physical condition of our Nation’s paragraph (15), as redesignated, and inserting ity residents and others receiving long-term ‘‘other areas of the United States, including care. coasts and waterways, along with ele- ments that impact safe navigation. coastal areas, inland lakes, and rivers by rec- Since the Elder Justice Act, as introduced reational boaters, commercial traffic, and a in the 110th Congress (S. 1070), does not in- Conducting surveys of our Nation’s variety of other pathways;’’; clude background check provisions, we are coasts and waterways is a core mission (4) by inserting ‘‘nongovernmental enti- pleased that you will be introducing this im- for the National Oceanic and Atmos- ties, institutions of higher education, and portant bill. We commend your leadership pheric Administration and provides the private sector,’’ after ‘‘governments,’’ in and steadfast commitment to protecting in- valuable services to the maritime in- paragraph (16), as redesignated; dividuals who need long-term care from dustry and to Federal agencies respon- (5) by striking ‘‘technologies.’’ in para- abuse, neglect, and exploitation, and for graph (16), as redesignated, and inserting your leadership on other issues concerning sible for maritime transportation, homeland security, and emergency re- ‘‘technologies;’’; and the nation’s older population. (6) adding at the end the following: Thank you also for being an original co- sponse. ‘‘(17) in 2004, the International Maritime sponsor of the Elder Justice Act. Please let Third, the Ballast Water Manage- Organization agreed to a Convention, which us know how we can be supportive of your ment Act of 2007 would amend the Non- the United States played an active role in continued work for elder justice. indigenous Aquatic Nuisance Preven- negotiating, to prevent, minimize, and ulti- Sincerely, tion and Control Act of 1990 and estab- mately eliminate the transfer of aquatic nui- ROBERT B. BLANCATO, sance species through the control and man- National Coordinator. lish ballast water management require- ments to mitigate the introduction and agement of ballast water and sediments; spread of invasive species from ships. ‘‘(18) the International Maritime Organiza- By Mr. INOUYE (for himself and tion agreement specifically recognizes that Mr. STEVENS): The bill would also seek to prevent the countries can take more stringent measures S. 1578. A bill to amend the Non- introduction of invasive species from than those of the Convention with respect to indigenous Aquatic Nuisance Preven- ship equipment or hulls. Invasive spe- the control and management of ships’ ballast tion and Control Act of 1990 to estab- cies brought into the United States water and sediment; and lish vessel ballast water management from other countries have caused bil- ‘‘(19) due to the interstate nature of mari- requirements, and or other purposes; to lions of dollars in damage to the U.S. time transportation and the ways by which the Committee on Commerce, Science, economy. aquatic nuisance species may be transferred and Transportation. In addition to the initiatives I have by vessels, a comprehensive and uniform na- Mr. INOUYE. Mr. President, the highlighted, a number of other ocean- tional approach for addressing vessel-borne aquatic nuisance species is needed to address United States has more than 95,000 related bills are being introduced today this issue effectively.’’. miles of coastline, and its ocean terri- by colleagues on the Commerce Com- SEC. 3. MANAGEMENT OF VESSEL-BORNE AQUAT- tory is larger than the combined land mittee. These include a bill by Senator IC NUISANCE SPECIES. AUTENBERG area of all 50 States. We rely on our L to establish a much-need- (a) IN GENERAL.—Section 1101 of the Non- oceans for such diverse benefits as ed Federal program to conduct re- indigenous Aquatic Nuisance Prevention and recreation, food, transportation, and search, monitoring, and education to Control Act of 1990 (16 U.S.C. 4711) is amend- energy. All Americans, regardless of examine the processes and con- ed to read as follows:

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‘‘SEC. 1101. MANAGEMENT OF VESSEL-BORNE duct the uptake or discharge of ballast water ‘‘(3) COPY OF PLAN ON BOARD VESSEL.—The AQUATIC NUISANCE SPECIES. or sediment except as provided in this sec- owner or operator of a vessel to which this ‘‘(a) STATEMENT OF PURPOSE; VESSELS TO tion. section applies shall— WHICH THIS SECTION APPLIES.— ‘‘(2) EXCEPTIONS.—Paragraph (1) does not ‘‘(A) maintain a copy of the vessel’s ballast ‘‘(1) PURPOSES.—The purposes of this sec- apply to the uptake or discharge of ballast water management plan on board at all tion are— water or sediment in the following cir- times; and ‘‘(A) to provide an effective, comprehen- cumstances: ‘‘(B) keep the plan readily available for ex- sive, and uniform national approach for ad- ‘‘(A) The uptake or discharge is solely for amination by the Secretary at all reasonable dressing the introduction and spread of the purpose of— times. aquatic nuisance species from ballast water ‘‘(i) ensuring the safety of the vessel in an ‘‘(d) VESSEL BALLAST WATER RECORD and other ship-borne vectors; emergency situation; or BOOK.— ‘‘(B) to require, as part of that approach, ‘‘(ii) saving a life at sea. ‘‘(1) IN GENERAL.—The owner or operator of mandatory treatment technology, with the ‘‘(B) The uptake or discharge is accidental a vessel to which this section applies shall ultimate goal of achieving zero discharge of and the result of damage to the vessel or its maintain a ballast water record book in aquatic nuisance species; equipment and— English on board the vessel in which— ‘‘(C) to create incentives for the develop- ‘‘(i) all reasonable precautions to prevent ‘‘(A) each operation involving ballast ment of ballast water treatment tech- or minimize ballast water and sediment dis- water or sediment discharge is fully recorded nologies; charge have been taken before and after the ‘‘(D) to implement the International Con- without delay, in accordance with regula- damage occurs, the discovery of the damage, vention for the Control and Management of tions promulgated by the Secretary; and the discharge; and Ships’ Ballast Water and Sediments, adopted ‘‘(B) each such operation is described in de- ‘‘(ii) the owner or officer in charge of the by the International Maritime Organization tail, including the location and cir- vessel did not willfully or recklessly cause in 2004; and cumstances of, and the reason for, the oper- the damage. ‘‘(E) to establish a management approach ation; and ‘‘(C) The uptake or discharge is solely for for other ship-borne vectors of aquatic nui- ‘‘(C) the exact nature and circumstances of the purpose of avoiding or minimizing the sance species. any situation under which any operation was discharge from the vessel of pollution that ‘‘(2) IN GENERAL.—Except as provided in conducted under an exception set forth in paragraphs (3), (4), (5), and (6) this section would otherwise violate applicable Federal subsection (b)(2) or (e)(3) is described. applies to a vessel that is designed, con- or State law. ‘‘(2) AVAILABILITY.—The ballast water structed, or adapted to carry ballast water; ‘‘(D) The uptake or discharge of ballast record book— and water and sediment occurs at the same loca- ‘‘(A) shall be kept readily available for ex- ‘‘(A) is a vessel of United States registry or tion where the whole of that ballast water amination by the Secretary at all reasonable nationality, or operated under the authority and that sediment originated and there is no times; and of the United States, wherever located; or mixing with ballast water and sediment from ‘‘(B) notwithstanding paragraph (1), may ‘‘(B) is a foreign vessel that— another area that has not been managed in be kept on the towing vessel in the case of an ‘‘(i) is en route to a United States port or accordance with the requirements of this unmanned vessel under tow. place; or section. ‘‘(3) RETENTION PERIOD.—The ballast water ‘‘(ii) has departed from a United States ‘‘(c) VESSEL BALLAST WATER MANAGEMENT record book shall be retained— port or place and is within waters subject to PLAN.— ‘‘(A) on board the vessel for a period of 3 the jurisdiction of the United States. ‘‘(1) IN GENERAL.—The operator of a vessel years after the date on which the last entry ‘‘(3) PERMANENT BALLAST WATER VESSELS.— to which this section applies shall conduct in the book is made; and Except as provided in paragraph (6), this sec- all ballast water management operations of ‘‘(B) under the control of the vessel’s tion does not apply to a vessel that carries that vessel in accordance with a ballast owner for an additional period of 3 years. all of its permanent ballast water in sealed water management plan designed to mini- ‘‘(4) REGULATIONS.—In the regulations pre- tanks and is not subject to discharge. mize the discharge of aquatic nuisance spe- scribed under this section, the Secretary ‘‘(4) ARMED FORCES VESSELS.— cies that— shall require, at a minimum, that— ‘‘(A) EXEMPTION.—Except as provided in ‘‘(A) meets the requirements prescribed by ‘‘(A) each entry in the ballast water record subparagraph (B) and paragraph (6), this sec- the Secretary by regulation; and book be signed and dated by the officer in tion does not apply to a vessel of the Armed ‘‘(B) is approved by the Secretary. charge of the ballast water operation re- Forces. ‘‘(2) APPROVAL CRITERIA.— corded; ‘‘(B) BALLAST WATER MANAGEMENT PRO- ‘‘(A) IN GENERAL.—The Secretary may not ‘‘(B) each completed page in the ballast GRAM.—The Secretary and the Secretary of approve a ballast water management plan water record book be signed and dated by the Defense, after consultation with each other unless the Secretary determines that the master of the vessel; and and with the Under Secretary of Commerce plan— ‘‘(C) the owner or operator of the vessel for Oceans and Atmosphere, the Adminis- ‘‘(i) describes in detail the actions to be transmit such information to the Secretary trator of the Environmental Protection taken to implement the ballast water man- regarding the ballast operations of the vessel Agency, and other appropriate Federal agen- agement requirements established under this as the Secretary may require. cies as determined by the Secretary, shall section; ‘‘(5) ALTERNATIVE MEANS OF RECORD- implement a ballast water management pro- ‘‘(ii) describes in detail the procedures to KEEPING.—The Secretary shall provide by gram, including the promulgation of stand- be used for disposal of sediment at sea and regulation for alternative methods of record- ards for ballast water exchange and treat- on shore in accordance with the require- keeping, including electronic recordkeeping, ment and for sediment management, for ves- ments of this section; to comply with the requirements of this sub- sels of the Armed Forces under their respec- ‘‘(iii) describes in detail safety procedures section. Any electronic recordkeeping meth- tive jurisdictions designed, constructed, or for the vessel and crew associated with bal- od authorized by the Secretary shall support adapted to carry ballast water that is— last water management; the inspection and enforcement provisions of ‘‘(i) consistent with the requirements of ‘‘(iv) designates the officer on board the this Act and shall comply with applicable this section, including the deadlines; and vessel in charge of ensuring that the plan is standards of the National Institute of Stand- ‘‘(ii) at least as stringent as the require- properly implemented; ards and Technology and the Office of Man- ments promulgated for such vessels under ‘‘(v) contains the reporting requirements agement and Budget governing reliability, section 312 of the Clean Water Act (33 U.S.C. for vessels established under this section and integrity, identity authentication, and non- 1322). a copy of each form necessary to meet those repudiation of stored electronic data. ‘‘(5) SPECIAL RULE FOR SMALL VESSELS.—In requirements; ‘‘(e) BALLAST WATER EXCHANGE REQUIRE- applying this section to vessels less than 50 ‘‘(vi) incorporates regulatory require- MENTS.— meters in length that have a maximum bal- ments, guidance, and best practices devel- ‘‘(1) IN GENERAL.— last water capacity of 8 cubic meters, the oped under subsection (s) for other vessel ‘‘(A) REQUIREMENT.—Until a vessel is re- Secretary may promulgate alternative meas- pathways by which aquatic nuisance species quired to conduct ballast water treatment in ures for managing ballast water in a manner are transported; and accordance with subsection (f) of this sec- that is consistent with the purposes of this ‘‘(vii) meets all other requirements pre- tion, the operator of a vessel to which this Act. scribed by the Secretary. section applies may not discharge ballast ‘‘(6) OTHER SOURCES OF VESSEL-BORNE ‘‘(B) FOREIGN VESSELS.—The Secretary water in waters subject to the jurisdiction of AQUATIC NUISANCE SPECIES.—Measures under- may approve a ballast water management the United States except after— taken by the Secretary under subsection (s) plan for a foreign vessel (as defined in sec- ‘‘(i) conducting ballast water exchange as shall apply to all vessels (as defined in sec- tion 2101(12) of title 46, United States Code) required by this subsection, in accordance tion 3 of title 1, United States Code). on the basis of a certificate of compliance with regulations prescribed by the Sec- ‘‘(b) UPTAKE AND DISCHARGE OF BALLAST with the criteria described in subparagraph retary, in a manner that results in an effi- WATER OR SEDIMENT.— (A) issued by the vessel’s country of registra- ciency of at least 95 percent volumetric ex- ‘‘(1) PROHIBITION.—The operator of a vessel tion in accordance with regulations promul- change of the ballast water for each ballast to which this section applies may not con- gated by the Secretary. water tank;

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.067 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7362 CONGRESSIONAL RECORD — SENATE June 7, 2007 ‘‘(ii) using ballast water treatment tech- paragraph (B), the master of the vessel extent that the ballast water in an indi- nology that meets the performance stand- shall— vidual ballast tank can be completely ex- ards of subsection (f); or ‘‘(i) notify the Secretary as soon as prac- changed in accordance with the provisions of ‘‘(iii) using environmentally-sound alter- ticable thereafter but no later than 24 hours paragraph (1)(A). native ballast water treatment technology, after making that determination and shall ‘‘(8) CERTAIN GEOGRAPHICALLY LIMITED if the Secretary determines that such treat- ensure that the determination, the reasons ROUTES.—Notwithstanding paragraph (3)(B) ment technology is at least as effective as for the determination, and the notice are re- of this subsection, the operator of a vessel is the ballast water exchange required by corded in the vessel’s ballast water record not required to comply with the require- clause (i) in preventing and controlling the book; and ments of this subsection— introduction of aquatic nuisance species. ‘‘(ii) undertake ballast water exchange— ‘‘(A) if the vessel operates exclusively— ‘‘(B) TECHNOLOGY EFFICACY.—For purposes ‘‘(I) in an alternative area that may be des- ‘‘(i) within Lake Superior, Lake Michigan, of this paragraph, a ballast water treatment ignated by the Secretary, after consultation Lake Huron, and Lake Erie and the con- technology shall be considered to be at least with the Undersecretary, and other appro- necting channels; or as effective as the ballast water exchange re- priate Federal agencies as determined by the ‘‘(ii) between or among the main group of quired by clause (i) in preventing and con- Secretary, and representatives of States the the Hawaiian Islands; or trolling the introduction of aquatic nuisance waters of which may be affected by the dis- ‘‘(B) if the vessel operates exclusively species if preliminary experiments prior to charge of ballast water; or within any area with respect to which the installation of the technology aboard the ‘‘(II) undertake discharge of ballast water Secretary has determined, after consultation vessel demonstrate that the technology re- in accordance with paragraph (6) if safety or with the Undersecretary, the Administrator, moved at least 98 percent of organisms larger stability concerns prevent undertaking bal- and representatives of States the waters of than 50 microns. last water exchange in the alternative area. which would be affected by the discharge of ‘‘(2) GUIDANCE; 5-YEAR USAGE.— ‘‘(D) REVIEW OF CIRCUMSTANCES.—If the ballast water, that the risk of introducing ‘‘(A) GUIDANCE.—Within 1 year after the master of a vessel conducts a ballast water aquatic nuisance species through ballast date of enactment of the Ballast Water Man- discharge under the provisions of this para- water discharge in the areas in which the agement Act of 2007, after public notice and graph, the Secretary shall review the cir- vessel operates is insignificant. opportunity for comment, the Secretary cumstances to determine whether the dis- ‘‘(9) MARINE SANCTUARIES AND OTHER PRO- shall develop guidance on technology that charge met the requirements of this para- HIBITED AREAS.—A vessel may not conduct may be used under paragraph (1)(A)(iii). graph. The review under this clause shall be ballast water exchange or discharge ‘‘(B) 5-YEAR USAGE.—The Secretary shall in addition to any other enforcement author- unexchanged ballast water under this sub- allow a vessel using environmentally-sound ity of the Secretary. section within a marine sanctuary des- alternative ballast water treatment tech- ‘‘(5) DISCHARGE UNDER WAIVER.— ignated under title III of the National Ma- nology under paragraph (1)(A)(iii) to con- ‘‘(A) SUBSTANTIAL BUSINESS HARDSHIP WAIV- rine Sanctuaries Act (16 U.S.C. 1431 et seq.) tinue to use that technology for 5 years after ER.—If, because of the short length of a voy- or in any other waters designated by the the date on which the environmentally- age, the operator of a vessel is unable to dis- Secretary after consultation with the Under- sound alternative ballast water treatment charge ballast water in accordance with the secretary and the Administrator. technology was first placed in service on the requirements of paragraph (3)(B) without ‘‘(10) REGULATIONS DEADLINE.—The Sec- vessel, or the date on which treatment re- substantial business hardship, as determined retary shall issue a final rule for regulations quirements under subsection (f) become ap- under regulations prescribed by the Sec- required by this subsection within 1 year plicable, whichever is later. retary, the operator shall request a waiver after the date of enactment of the Ballast ‘‘(3) EXCHANGE AREAS.— from the Secretary and discharge the ballast Water Management Act of 2007. ‘‘(A) VESSELS OUTSIDE THE UNITED STATES water in accordance with paragraph (6). A re- ‘‘(11) VESSELS OPERATING IN THE GREAT EEZ.—The operator of a vessel en route to a quest for a waiver under this subparagraph LAKES.— United States port or place from a port or shall be submitted to the Secretary at such ‘‘(A) REGULATIONS.—Until such time as place outside the United States exclusive time and in such form and manner as the regulations are promulgated to implement economic zone shall conduct ballast water Secretary may require. the amendments made by the Ballast Water exchange— ‘‘(B) SUBSTANTIAL BUSINESS HARDSHIP.—For ‘‘(i) before arriving at a United States port purposes of subparagraph (A), the factors Management Act of 2007, regulations promul- or place; taken into account in determining substan- gated to carry out this Act shall remain in ‘‘(ii) at least 200 nautical miles from the tial business hardship shall include wheth- effect until revised or replaced pursuant to nearest point of land; and er— the Ballast Water Management Act of 2007. ‘‘(iii) in water at least 200 meters in depth. ‘‘(i) compliance with the requirements of ‘‘(B) RELATIONSHIP TO OTHER PROGRAMS.— ‘‘(B) COASTAL VOYAGES.—In lieu of using an paragraph (3)(B) would require a sufficiently On promulgation of regulations required exchange zone described in subparagraph great change in routing or scheduling of under this Act to implement a national man- (A)(ii) or (iii), the operator of a vessel origi- service as to compromise the economic or datory ballast management program that is nating from a port or place within waters commercial viability of the trade or business at least as comprehensive as the Great Lakes subject to the jurisdiction of the United in which the vessel is operated; or program (as determined by the Secretary, in States, or from a port within 200 nautical ‘‘(ii) it is reasonable to expect that the consultation with the Governors of Great miles of the United States in Canada, Mex- trade or business or service provided will be Lakes States)— ico, or other ports designated by the Sec- continued only if a waiver is granted under ‘‘(i) the program regulating vessels and retary for purposes of this section, and which subparagraph (A). ballast water in Great Lakes under this sec- does not voyage into waters described in sub- ‘‘(6) PERMISSABLE DISCHARGE.— tion shall terminate; and paragraph (A)(ii) or (iii), shall conduct bal- ‘‘(A) IN GENERAL.—The discharge of ‘‘(ii) the national program shall apply to last water exchange— unexchanged ballast water shall be consid- such vessels and ballast water. ‘‘(i) at least 50 nautical miles from the ered to be carried out in accordance with ‘‘(12) VESSELS WITH NO BALLAST ON BOARD.— nearest point of land; and this paragraph if it is— Not later than 180 days after the date of en- ‘‘(ii) in water at least 200 meters in depth. ‘‘(i) in an area designated for that purpose actment of the Ballast Water Management ‘‘(4) SAFETY OR STABILITY EXCEPTION.— by the Secretary, after consultation with the Act of 2007, the Secretary shall promulgate ‘‘(A) SECRETARIAL DETERMINATION.—Para- Undersecretary and other appropriate Fed- regulations to minimize the discharge of graph (3) does not apply to the discharge of eral agencies as determined by the Secretary invasive species from ships entering a United ballast water if the Secretary determines and representatives of any State that may be States port or place from outside the United that compliance with that paragraph would affected by discharge of ballast water in that States exclusive economic zone that claim threaten the safety or stability of the vessel, area; or no ballast on board, or that claim to be car- its crew, or its passengers because of the de- ‘‘(ii) into a reception facility described in rying only unpumpable quantities of ballast, sign or operating characteristics of the ves- subsection (f)(2). including, at a minimum, a requirement sel. ‘‘(B) LIMITATION ON VOLUME.—The volume that— ‘‘(B) MASTER OF THE VESSEL DETERMINA- of any ballast water discharged under the ‘‘(i) such a ship shall conduct saltwater TION.—Paragraph (3) does not apply to the provisions of this paragraph may not exceed flushing of ballast water tanks— discharge of ballast water if the master of a the volume necessary to ensure the safe op- ‘‘(I) outside the exclusive economic zone; vessel determines that compliance with that eration of the vessel. or paragraph would threaten the safety or sta- ‘‘(7) PARTIAL COMPLIANCE.—The operator of ‘‘(II) at a designated alternative exchange bility of the vessel, its crew, or its pas- a vessel that is unable to comply fully with site; and sengers because of adverse weather, equip- the requirements of paragraph (3)— ‘‘(ii) before being allowed entry into the ment failure, or any other relevant condi- ‘‘(A) shall nonetheless conduct ballast Great Lakes beyond the St. Lawrence Sea- tion. water exchange to the maximum extent fea- way, the master of such a ship shall certify ‘‘(C) NOTIFICATION REQUIRED.—Whenever sible in compliance with those paragraphs; that the ship has complied with each appli- the master of a vessel is unable to comply and cable requirement under this subsection. with the requirements of paragraph (3) be- ‘‘(B) may conduct a partial ballast water ‘‘(f) BALLAST WATER TREATMENT REQUIRE- cause of a determination made under sub- exchange under this paragraph only to the MENTS.—

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‘‘(1) PERFORMANCE STANDARDS.—A vessel to ‘‘(A) IN GENERAL.—Not less than 2 years be- the requirements of paragraph (1) during which this section applies shall conduct bal- fore the date on which paragraph (1) applies that 10-year period. last water treatment in accordance with the to vessels under each subparagraph of para- ‘‘(B) VESSEL DIVERSITY.—The Secretary— requirements of this subsection before dis- graph (3), or as that date may be extended ‘‘(i) shall seek to ensure that a wide vari- charging ballast water so that the ballast under this paragraph, the Secretary, in con- ety of vessel types and voyages are included water discharged will contain— sultation with the Administrator, shall com- in the program; but ‘‘(A) less than 1 living organism per 10 plete a review to determine whether appro- ‘‘(ii) may not grant a delay under this cubic meters that is 50 or more micrometers priate technologies are available to achieve paragraph to more than 5 percent of the ves- in minimum dimension; the standards set forth in paragraph (1) for sels to which subparagraph (A), (B), (C), or ‘‘(B) less than 1 living organism per 10 mil- the vessels to which they apply under the (D) of paragraph (3) applies. liliters that is less than 50 micrometers in schedule set forth in paragraph (3). In re- ‘‘(C) TERMINATION OF GRACE PERIOD.—The minimum dimension and more than 10 mi- viewing the technologies the Secretary, after Secretary may terminate the 10-year grace crometers in minimum dimension; consultation with the Administrator and period of a vessel under subparagraph (A) if ‘‘(C) concentrations of indicator microbes other appropriate Federal agencies as deter- participation of the vessel in the program is that are less than— mined by the Secretary, shall consider— terminated without the consent of the Sec- ‘‘(i) 1 colony-forming unit of toxicogenic ‘‘(i) the effectiveness of a technology in retary. Vibrio cholera (serotypes O1 and O139) per 100 achieving the standards; ‘‘(D) ANNUAL RE-EVALUATION; TERMI- milliliters, or less than 1 colony-forming ‘‘(ii) feasibility in terms of compatibility NATION.—The Secretary shall establish an unit of that microbe per gram of wet weight with ship design and operations; annual evaluation process to determine of zoological samples; ‘‘(iii) safety considerations; whether the performance of an approved ‘‘(ii) 126 colony-forming units of escherichia ‘‘(iv) whether a technology has an adverse technology is sufficiently effective and coli per 100 milliliters; and impact on the environment; and whether it is causing harm to the environ- ‘‘(iii) 33 colony-forming units of intestinal ‘‘(v) cost effectiveness. ment. If the Secretary determines that an enterococci per 100 milliliters; and ‘‘(B) DELAY IN SCHEDULED APPLICATION.—If approved technology is insufficiently effec- ‘‘(D) concentrations of such additional in- the Secretary determines, on the basis of the tive or is causing harm to the environment, dicator microbes as may be specified in regu- review conducted under subparagraph (A), the Secretary shall revoke the approval lations promulgated by the Administrator, that compliance with the standards set forth granted under subparagraph (A). after consultation with the Secretary and in paragraph (1) in accordance with the ‘‘(7) REVIEW OF STANDARDS.— other appropriate Federal agencies as deter- schedule set forth in any subparagraph of ‘‘(A) IN GENERAL.—In December, 2014, and mined by the Secretary, that are less than paragraph (3) is not feasible for any class of in every third year thereafter, the Adminis- the amount specified in those regulations. vessels, the Secretary shall require use of trator, in consultation with the Secretary, ‘‘(2) RECEPTION FACILITY EXCEPTION.— the best performing technology available shall review ballast water treatment stand- ‘‘(A) IN GENERAL.—Paragraph (1) does not that meets, at a minimum, the applicable ards to determine, after consultation with apply to a vessel that discharges ballast ballast water discharge standard of the the Undersecretary and other appropriate water into a facility for the reception of bal- International Maritime Organization. If the Federal agencies as determined by the Sec- last water that meets standards prescribed Secretary finds that no technology exists retary, if the standards under this subsection by the Administrator. that will achieve either the standards set should be revised to reduce the amount of or- ‘‘(B) PROMULGATION OF STANDARDS.—Within forth in paragraph (1) or the standards of the ganisms or microbes allowed to be dis- 1 year after the date of enactment of the Bal- International Maritime Organization, then, charged, taking into account improvements last Water Management Act of 2007, the Ad- the Secretary shall— in the scientific understanding of biological ministrator, in consultation with the Sec- ‘‘(i) extend the date on which that subpara- processes leading to the spread of aquatic retary other appropriate Federal agencies as graph first applies to vessels for a period of nuisance species and improvements in bal- determined by the Administrator, shall pro- not more than 24 months; and last water treatment technology. The Ad- mulgate standards for— ‘‘(ii) recommend action to ensure that ministrator shall revise by regulation the ‘‘(i) the reception of ballast water from compliance with the extended date schedule performance standard required under this vessels into reception facilities; and for that subparagraph is achieved. subsection as necessary. ‘‘(ii) the disposal or treatment of such bal- ‘‘(C) HIGHER STANDARDS; EARLIER IMPLE- ‘‘(B) APPLICATION OF ADJUSTED STAND- last water in a way that does not impair or MENTATION.— ARDS.—In the regulations, the Secretary damage the environment, human health, ‘‘(i) STANDARDS.—If the Secretary deter- shall provide for the prospective application property, or resources. mines that ballast water treatment tech- of the adjusted standards prescribed under ‘‘(3) IMPLEMENTATION SCHEDULE.—Para- nology exists that exceeds the performance this paragraph to vessels constructed after graph (1) applies to vessels in accordance standards required under this subsection, the the date on which the adjusted standards with the following schedule: Secretary shall, for any class of vessels, re- apply and for an orderly phase-in of the ad- ‘‘(A) FIRST PHASE.—Beginning January 1, vise the performance standards to incor- justed standards to existing vessels. 2011, for vessels constructed on or after that porate the higher performance standards. ‘‘(8) INSTALLED EQUIPMENT.—If ballast date with a ballast water capacity of less ‘‘(ii) IMPLEMENTATION.—If the Secretary water treatment technology used for pur- than 5,000 cubic meters. determines that technology that achieves poses of complying with the regulations ‘‘(B) SECOND PHASE.—Beginning January 1, the applicable performance standards re- under this subsection is installed on a vessel, 2013, for vessels constructed on or after that quired under this subsection can be imple- maintained in good working order, and used date with a ballast water capacity of 5,000 mented earlier than required by this sub- by the vessel, the vessel may use that tech- cubic meters or more. section, the Secretary shall, for any class of nology for the shorter of— ‘‘(C) THIRD PHASE.—Beginning January 1, vessels, accelerate the implementation ‘‘(A) the 10-year period beginning on the 2013, for vessels constructed before January schedule under paragraph (3). If the Sec- date of initial use of the technology; or 1, 2011, with a ballast water capacity of 1,500 retary accelerates the implementation ‘‘(B) the life of the ship on which the tech- cubic meters or more but not more than 5,000 schedule pursuant to this clause, the Sec- nology is used. cubic meters. retary shall provide at least 24 months no- ‘‘(9) HIGH-RISK VESSELS.— ‘‘(D) FOURTH PHASE.—Beginning January 1, tice before such accelerated implementation ‘‘(A) VESSEL LIST.—Within 1 year after the 2015, for vessels constructed— goes into effect. date of enactment of the Ballast Water Man- ‘‘(i) before January 1, 2011, with a ballast ‘‘(iii) DETERMINATIONS NOT MUTUALLY EX- agement Act of 2007, the Secretary shall pub- water capacity of less than 1,500 cubic me- CLUSIVE.—The Secretary shall take action lish and regularly update a list of vessels ters or 5,000 cubic meters or more; or under both clause (i) and clause (ii) if the identified by States that, due to factors such ‘‘(ii) on or after January 1, 2011, and before Secretary makes determinations under both as the origin of their voyages, the frequency January 1, 2013, with a ballast water capac- clauses. of their voyages, the volume of ballast water ity of 5,000 cubic meters or more. ‘‘(6) DELAY OF APPLICATION FOR VESSEL PAR- they carry, the biological makeup of the bal- ‘‘(4) TREATMENT SYSTEM APPROVAL RE- TICIPATING IN PROMISING TECHNOLOGY EVALUA- last water, and the fact that they frequently QUIRED.—The operator of a vessel may not TIONS.— discharge unexchanged ballast water pursu- use a ballast water treatment system to ‘‘(A) IN GENERAL.—If a vessel participates ant to an exception under subsection (e), comply with the requirements of this sub- in a program approved by the Secretary to pose a relatively high risk of introducing section unless the system is approved by the test and evaluate promising ballast water aquatic nuisance species into the waters of Secretary, in consultation with the Adminis- treatment technologies that are likely to re- those States. trator. The Secretary shall promulgate regu- sult in treatment technologies achieving a ‘‘(B) INCENTIVE PROGRAMS.—The Secretary lations establishing a process for such ap- standard that is the same as or more strin- shall give priority to vessels on the list for proval, after consultation with the Adminis- gent than the standard that applies under participation in pilot programs described in trator and other appropriate Federal agen- paragraph (1) before the first date on which paragraph (6). Any Federal agency, and any cies as determined by the Secretary, within paragraph (1) applies to that vessel, the Sec- State agency with respect to vessels identi- 1 year after the date of enactment of the Bal- retary shall allow the vessel to use that fied by such State to the Secretary for inclu- last Water Management Act of 2007. technology for a 10 year period and such ves- sion on the list pursuant to subparagraph ‘‘(5) FEASIBILITY REVIEW.— sel shall be deemed to be in compliance with (A), may develop technology development

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programs or other incentives (whether posi- and construction standards to achieve the ‘‘(4) REQUIRED CERTIFICATE.—If, on the tive or negative) to such vessels in order to objectives of subparagraph (A) and providing basis of an initial examination under para- encourage the adoption of ballast water guidance for modifications and practices graph (1) the Secretary finds that a vessel treatment technology by those vessels con- under subparagraph (B). The Secretary shall complies with the requirements of this sec- sistent with the requirements of this section incorporate the standards and guidance in tion and the regulations promulgated here- on an expedited basis. the regulations governing the ballast water under, the Secretary shall issue a certificate ‘‘(9) EXCEPTION FOR VESSELS OPERATING EX- management plan. under this paragraph as evidence of such CLUSIVELY IN DETERMINED AREA.— ‘‘(3) SEDIMENT RECEPTION FACILITIES.— compliance. The certificate shall be valid for ‘‘(A) IN GENERAL.—Paragraph (1) does not ‘‘(A) STANDARDS.—The Secretary, in con- a period of not more than 5 years, as speci- apply to a vessel that operates exclusively sultation with other appropriate Federal fied by the Secretary. The certificate or a within an area if the Secretary has deter- agencies as determined by the Secretary, true copy shall be maintained on board the mined through a rulemaking proceeding, shall promulgate regulations governing fa- vessel. after consultation with the Undersecretary cilities for the reception of vessel sediment ‘‘(5) NOTIFICATION OF VIOLATIONS.—If the and other appropriate Federal agencies as from spaces designed to carry ballast water Secretary finds, on the basis of an examina- determined by the Secretary, and represent- that provide for the disposal of such sedi- tion under paragraph (1) or (2), sampling atives of States the waters of which could be ment in a way that does not impair or dam- under paragraph (3), or any other informa- affected by the discharge of ballast water, age the environment, human health, or prop- tion, that a vessel is being operated in viola- that the risk of introducing aquatic nuisance erty or resources of the disposal area. tion of the requirements of this section or species through ballast water discharge from ‘‘(B) DESIGNATION.—The Administrator, in the regulations promulgated hereunder, the the vessel is insignificant. consultation with the Secretary and other Secretary shall— ‘‘(B) CERTAIN VESSELS.—A vessel con- appropriate Federal agencies as determined ‘‘(A) notify in writing— structed before January 1, 2001, that operates by the Administrator, shall designate facili- ‘‘(i) the master of the vessel; and exclusively within Lake Superior, Lake ties for the reception of vessel sediment that ‘‘(ii) the captain of the port at the vessel’s Michigan, Lake Huron, and Lake Erie and meet the requirements of the regulations next port of call; and the connecting channels shall be presumed promulgated under subparagraph (A) at ports ‘‘(B) take such other action as may be ap- not to pose a significant risk of introducing and terminals where ballast tanks are propriate. aquatic nuisance species unless the Sec- cleaned or repaired. ‘‘(6) COMPLIANCE AND MONITORING.— retary finds otherwise in a rulemaking pro- ‘‘(i) EXAMINATIONS AND CERTIFICATIONS.— ‘‘(A) IN GENERAL.—The Secretary shall by ceeding under subparagraph (A). ‘‘(1) INITIAL EXAMINATION.— regulation establish sampling and other pro- ‘‘(C) BEST PRACTICES.—The Secretary shall ‘‘(A) IN GENERAL.—The Secretary shall ex- cedures to monitor compliance with the re- develop, and require vessels exempted from amine vessels to which this section applies quirements of this section and any regula- complying with the requirements of para- to determine whether— tions promulgated under this section. graph (1) under this paragraph to follow, best ‘‘(i) there is a ballast water management ‘‘(B) USE OF MARKERS.—The Secretary may practices, developed in consultation with the plan for the vessel that meets the require- verify compliance with treatment standards Governors or States that may be affected, to ments of this section; and under this section and the regulations minimize the spreading of aquatic nuisance ‘‘(ii) the equipment used for ballast water through identification of markers associated species in its operating area. and sediment management in accordance with a treatment technology’s effectiveness, ‘‘(10) LABORATORIES.—The Secretary may with the requirements of this section and the such as the presence of indicators associated use any Federal or non-Federal laboratory regulations promulgated hereunder is in- with a certified treatment technology. that meets standards established by the Sec- stalled and functioning properly. ‘‘(7) EDUCATION AND TECHNICAL ASSISTANCE retary for the purpose of evaluating and cer- ‘‘(B) NEW VESSELS.—For vessels con- PROGRAMS.—The Secretary may carry out tifying ballast water treatment technologies structed in the United States on or after education and technical assistance programs and equipment under this subsection. January 1, 2011, the Secretary shall conduct and other measures to promote compliance ‘‘(g) WARNINGS CONCERNING BALLAST the examination required by subparagraph with the requirements issued under this sec- WATER UPTAKE.— (A) before the vessel is placed in service. tion. ‘‘(1) IN GENERAL.—The Secretary shall no- ‘‘(C) EXISTING VESSELS.—For vessels con- ‘‘(j) DETENTION OF VESSELS.— tify vessel owners and operators of any area structed before January 1, 2011, the Sec- ‘‘(1) IN GENERAL.—The Secretary, by notice in waters subject to the jurisdiction of the retary shall— to the owner, charterer, managing operator, United States in which vessels may not up- ‘‘(i) conduct the examination required by agent, master, or other individual in charge take ballast water due to known conditions. subparagraph (A) before the date on which of a vessel, may detain that vessel if the Sec- ‘‘(2) CONTENTS.—The notice shall include— subsection (f)(1) applies to the vessel accord- retary has reasonable cause to believe that— ‘‘(A) the coordinates of the area; and ing to the schedule in subsection (f)(3); and ‘‘(A) the vessel is a vessel to which this ‘‘(B) if possible, the location of alternative ‘‘(ii) inspect the vessel’s ballast water section applies; and areas for the uptake of ballast water. record book required by subsection (d). ‘‘(B) the vessel does not comply with the ‘‘(h) SEDIMENT MANAGEMENT.— ‘‘(D) FOREIGN VESSELS.—In the case of a requirements of this section or of the regula- ‘‘(1) IN GENERAL.—The operator of a vessel foreign vessel (as defined in section 2101(12) tions issued hereunder or is being operated to which this section applies may not re- of title 46, United States Code), the Sec- in violation of such requirements. move or dispose of sediment from spaces de- retary shall perform the examination re- ‘‘(2) CLEARANCE.— signed to carry ballast water except— quired by this paragraph the first time the ‘‘(A) IN GENERAL.—A vessel detained under ‘‘(A) in accordance with this subsection vessel enters a United States port. paragraph (1) may obtain clearance under and the ballast water management plan re- ‘‘(2) SUBSEQUENT EXAMINATIONS.—The Sec- section 4197 of the Revised Statutes (46 quired under subsection (c); and retary shall examine vessels no less fre- U.S.C. App. 91) only if the violation for ‘‘(B) more than 200 nautical miles from the quently than once each year to ensure vessel which it was detained has been corrected. nearest point of land or into a reception fa- compliance with the requirements of this ‘‘(B) WITHDRAWAL.—If the Secretary finds cility that meets the requirements of para- section. that a vessel detained under paragraph (1) graph (3). ‘‘(3) INSPECTION AUTHORITY.— has received a clearance under section 4197 of ‘‘(2) DESIGN REQUIREMENTS.— ‘‘(A) IN GENERAL.—The Secretary may the Revised Statutes (46 U.S.C. App. 91) be- ‘‘(A) NEW VESSELS.—After December 31, carry out inspections of any vessel to which fore it was detained under paragraph (1), the 2008, it shall be unlawful to construct a ves- this section applies at any time, including Secretary shall withdraw, withhold, or re- sel in the United States to which this section the taking of ballast water samples, to en- voke the clearance. applies unless that vessel is designed and sure the vessel’s compliance with this Act. ‘‘(k) SANCTIONS.— constructed, in accordance with regulations The Secretary shall use all appropriate and ‘‘(1) CIVIL PENALTIES.—Any person who vio- prescribed under subparagraph (C), in a man- practical measures of detection and environ- lates a regulation promulgated under this ner that— mental monitoring, and shall establish ade- section shall be liable for a civil penalty in ‘‘(i) minimizes the uptake and entrapment quate procedures for reporting violations and an amount not to exceed $32,500. Each day of of sediment; accumulating evidence. a continuing violation constitutes a separate ‘‘(ii) facilitates removal of sediment; and ‘‘(B) INVESTIGATIONS.—Upon receipt of evi- violation. A vessel operated in violation of ‘‘(iii) provides for safe access for sediment dence that a violation has occurred, the Sec- this section or the regulations is liable in removal and sampling. retary shall cause the matter to be inves- rem for any civil penalty assessed under this ‘‘(B) EXISTING VESSELS.—Every vessel to tigated. In any investigation under this sec- subsection for that violation. which this section applies that was con- tion the Secretary may issue subpoenas to ‘‘(2) CRIMINAL PENALTIES.—Any person who structed before January 1, 2009, shall be require the attendance of any witness and knowingly violates the regulations promul- modified before January 1, 2009, to the extent the production of documents and other evi- gated under this section is guilty of a class practicable, to achieve the objectives de- dence. In case of refusal to obey a subpoena C felony. scribed in clauses (i), (ii), and (iii) of sub- issued to any person, the Secretary may re- ‘‘(3) REVOCATION OF CLEARANCE.—Except as paragraph (A). quest the Attorney General to invoke the aid provided in subsection (j)(2), upon request of ‘‘(C) REGULATIONS.—The Secretary shall of the appropriate district court of the the Secretary, the Secretary of the Treasury promulgate regulations establishing design United States to compel compliance. shall withhold or revoke the clearance of a

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There are authorized to be appropriated propriate, the Secretary deems appropriate. section. to the Secretary $5,000,000 for each of fiscal ‘‘(D) STANDARDS FOR VESSELS OF THE ‘‘(4) EXCEPTION TO SANCTIONS.—This sub- years 2007 through 2011 to carry out this sub- UNITED STATES.—The strategy shall include section does not apply to a discharge pursu- section. requirements to ensure the consistent appli- ant to subsection (b)(3), (e)(5), or (e)(7). ‘‘(q) CONSULTATION WITH TASK FORCE.—The cation of best practices to all vessels owned ‘‘(l) ENFORCEMENT.— Secretary shall consult with the Task Force or operated by a Federal agency. ‘‘(1) ADMINISTRATIVE ACTIONS.—If the Sec- in carrying out this section. ‘‘(2) TRANSITING VESSELS.—Within 180 days retary finds, after notice and an opportunity ‘‘(r) RISK ASSESSMENT.— after the date of enactment of the Ballast for a hearing, that a person has violated any ‘‘(1) IN GENERAL.—Within 2 years after the Water Management Act of 2007, the Com- provision of this section or any regulation date of enactment of the Ballast Water Man- mandant of the Coast Guard shall transmit a promulgated hereunder, the Secretary may agement Act of 2007, the Administrator, in report to the Senate Committee on Com- assess a civil penalty for that violation. In consultation with the Secretary and other merce, Science, and Transportation and the determining the amount of a civil penalty, appropriate Federal agencies, shall conduct House of Representatives Committee on the Secretary shall take into account the na- a risk assessment of vessel discharges other Transportation and Infrastructure con- ture, circumstances, extent, and gravity of than aquatic nuisance species that are not taining— the prohibited acts committed and, with re- required by the Clean Water Act (33 U.S.C. ‘‘(A) an assessment of the magnitude and spect to the violator, the degree of culpa- 1251 et seq.) to have National Pollution Ef- potential adverse impacts of ballast water bility, any history of prior violations, and fluent Discharge Standards permits under operations from foreign vessels designed, section 122.3(a) of title 40, Code of Federal such other matters as justice may require. adapted, or constructed to carry ballast Regulations. The risk assessment shall in- ‘‘(2) CIVIL ACTIONS.—At the request of the water that are transiting waters subject to clude— Secretary, the Attorney General may bring a the jurisdiction of the United States; and ‘‘(A) a characterization of the various civil action in an appropriate district court ‘‘(B) recommendations, including legisla- types of discharges by different classes of of the United States to enforce this section, tive recommendations if appropriate, of op- vessels; or any regulation promulgated hereunder. tions for addressing ballast water operations ‘‘(B) the average volume of such discharges Any court before which such an action is of those vessels. for individual vessels and by class of vessel brought may award appropriate relief, in- ‘‘(t) REGULATIONS.— in the aggregate; cluding temporary or permanent injunctions ‘‘(1) IN GENERAL.—The Secretary, after con- ‘‘(C) conclusions as to whether such dis- and civil penalties. sultation with other appropriate Federal charges pose a risk to human health or the ‘‘(m) CONSULTATION WITH CANADA, MEXICO, agencies, shall issue such regulations as may environment; and AND OTHER FOREIGN GOVERNMENTS.—In de- be necessary initially to carry out this sec- veloping the guidelines issued and regula- ‘‘(D) recommendations as to steps, includ- tion within 1 year after the date of enact- tions promulgated under this section, the ing regulations, that are necessary to ad- ment of the Ballast Water Management Act Secretary is encouraged to consult with the dress such risks. of 2007. Government of Canada, the Government of ‘‘(2) PUBLIC COMMENT.—The Administrator ‘‘(2) JUDICIAL REVIEW.— Mexico, and any other government of a for- shall cause a draft of the risk assessment to ‘‘(A) 120-DAY RULE.—An interested person eign country that the Secretary, after con- be published in the Federal Register for pub- may bring an action for review of a final reg- sultation with the Task Force, determines to lic comment, and shall develop a final risk ulation promulgated under this section by be necessary to develop and implement an ef- assessment report after taking into accounts the Secretary of the department in which fective international program for preventing any comments received during the public the Coast Guard is operating in the United the unintentional introduction and spread of comment period. States Court of Appeals for the District of aquatic nuisance species through ballast ‘‘(3) FINAL REPORT.—The Administrator Columbia Circuit. Any such petition shall be water. shall transmit a copy of the final report to filed within 120 days after the date on which ‘‘(n) INTERNATIONAL COOPERATION.—The the Senate Committee on Commerce, notice of the promulgation appears in the Secretary, in cooperation with the Undersec- Science, and Transportation and the House Federal Register, except that if the petition retary, the Secretary of State, the Adminis- of Representatives Committee on Transpor- is based solely on grounds arising after the trator, the heads of other relevant Federal tation and Infrastructure. 120th day, then any petition for review under agencies, the International Maritime Organi- ‘‘(s) OTHER SOURCES OF VESSEL-BORNE NUI- this subsection shall be filed within 120 days zation of the United Nations, and the Com- SANCE SPECIES.— after those grounds arise. mission on Environmental Cooperation es- ‘‘(1) HULL-FOULING AND OTHER VESSEL ‘‘(B) REVIEW IN ENFORCEMENT PRO- tablished pursuant to the North American SOURCES.— CEEDINGS.—A regulation for which review Free Trade Agreement, is encouraged to ‘‘(A) REPORT.—Within 180 days after the could have been obtained under subpara- enter into negotiations with the govern- date of enactment of the Ballast Water Man- graph (A) of this paragraph is not subject to ments of foreign countries to develop and agement Act of 2007, the Commandant of the judicial review in any civil or criminal pro- implement an effective international pro- Coast Guard shall transmit a report to the ceeding for enforcement. gram for preventing the unintentional intro- Senate Committee on Commerce, Science, ‘‘(u) SAVINGS CLAUSE.— duction and spread of aquatic nuisance spe- and Transportation and the House of Rep- ‘‘(1) IN GENERAL.—Nothing in this section cies through ballast water. The Secretary is resentatives Committee on Transportation shall be construed to preempt the authority particularly encouraged to seek bilateral or and Infrastructure on vessel-borne vectors of of any State or local government to impose multilateral agreements with Canada, Mex- aquatic nuisance species and pathogens penalties or fees for acts or omissions that ico, and other nations in the Wider Carib- other than ballast water and sediment, in- are violations of this Act, or to provide in- bean (as defined in the Convention for the cluding vessel hulls, anchors, and equipment. centives under subsection (f)(9)(B). Protection and Development of the Marine ‘‘(B) MANAGEMENT.—Within 1 year after ‘‘(2) RECEPTION FACILITIES.—The standards Environment of the Wider Caribbean the date of enactment of the Ballast Water prescribed by the Secretary or other appro- (Cartagena Convention) under this section. Management Act of 2007, the Secretary shall priate Federal agencies under subsection ‘‘(o) NON-DISCRIMINATION.—The Secretary develop a strategy to address such other ves- (f)(2) do not supersede any more stringent shall ensure that vessels registered outside sel sources of aquatic nuisance species and to standard under any otherwise applicable of the United States do not receive more fa- reduce the introduction of invasive species Federal, State, or local law. vorable treatment than vessels registered in into and within the United States from ves- ‘‘(3) APPLICATION WITH OTHER STATUTES.— the United States when the Secretary per- sels. The strategy shall include— This section provides the sole Federal au- forms studies, reviews compliance, deter- ‘‘(i) designation of geographical locations thority for preventing the introduction of mines effectiveness, establishes require- for update and discharge of untreated ballast species through the control and management ments, or performs any other responsibilities water, as well as measures to address non- of vessel ballast water or sediment or other under this Act. ballast vessel vectors of aquatic invasive vessel-related vectors.’’. ‘‘(p) SUPPORT FOR FEDERAL BALLAST WATER species; (b) DEFINITIONS.— DEMONSTRATION PROJECT.—In addition to ‘‘(ii) necessary modifications of existing (1) IN GENERAL.—Section 1003 of the Non- amounts otherwise available to the Mari- regulations; indigenous Aquatic Nuisance Prevention and time Administration, the National Oceano- ‘‘(iii) best practices standards and proce- Control Act of 1990 (16 U.S.C. 4702) is amend- graphic and Atmospheric Administration, dures; and ed— and the United States Fish and Wildlife ‘‘(iv) a timeframe for implementation of (A) by redesignating paragraph (1) as para- Service for the Federal Ballast Water Dem- those standards and procedures by vessels, in graph (1A); onstration Project, the Secretary shall pro- addition to the mandatory requirements set (B) by inserting before paragraph (1A), as vide support for the conduct and expansion forth in this section for ballast water. redesignated, the following: of the project, including grants for research ‘‘(C) REPORT.—The Secretary shall trans- ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- and development of innovative technologies mit a report to the Committees describing trator’ means the Administrator of the Envi- for the management, treatment, and disposal the strategy, proposed regulations, best ronmental Protection Agency;’’;

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.067 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7366 CONGRESSIONAL RECORD — SENATE June 7, 2007 (C) by striking paragraph (3) and inserting cated in Puerto Rico, Guam, the Northern lation pressures increase, we must the following: Marianas, and the United States Virgin Is- work diligently to maintain a balance ‘‘(3) BALLAST WATER.—The term ‘ballast lands; between human use of these delicate water’— ‘‘(17B) VESSEL OF THE ARMED FORCES.—The regions and their natural, ecological ‘‘(A) means water taken on board a vessel term ‘vessel of the Armed Forces’ means— to control trim, list, draught, stability, or ‘‘(A) any vessel owned or operated by the functions. stresses of the vessel, including matter sus- Department of Defense, other than a time or When Congress passed the CZMA in pended in such water; and voyage chartered vessel; and 1972, it established a unique State-Fed- ‘‘(B) any water placed into a ballast tank ‘‘(B) any vessel owned or operated by the eral framework for facilitating sound during cleaning, maintenance, or other oper- Department of Homeland Security that is coastal planning. The law gives States ations; but designated by the Secretary of the depart- the opportunity to create a coastal ‘‘(C) does not include water taken on board ment in which the Coast Guard is operating zone management plan which, once ap- a vessel and used for a purpose described in as a vessel equivalent to a vessel described in proved, makes States eligible for subparagraph (A) that, at the time of dis- subparagraph (A); and matching Federal funds to carry out charge, does not contain aquatic nuisance ‘‘(17C) WATERS SUBJECT TO THE JURISDIC- the goals of its plan. This system al- species;’’; TION OF THE UNITED STATES.—The term ‘wa- (D) by inserting after paragraph (3) the fol- ters subject to the jurisdiction of the United lows States to tailor plans to their in- lowing: States’ means navigable waters and the ter- dividual needs, but permits the Federal ‘‘(3A) BALLAST WATER CAPACITY.—The term ritorial sea of the United States, the exclu- Government to ensure that marine re- ‘ballast water capacity’ means the total vol- sive economic zone, and the Great Lakes.’’. sources, which often overlap political umetric capacity of any tanks, spaces, or (2) STYLISTIC CONSISTENCY.—Section 1003 of boundaries, are managed responsibly compartments on a vessel that is used for the Nonindigenous Aquatic Nuisance Preven- carrying, loading, or discharging ballast nationwide. As a result of this pro- tion and Control Act of 1990 (16 U.S.C. 4702), gram’s success, more than 99.9 percent water, including any multi-use tank, space, as amended by paragraph (1), is further or compartment designed to allow carriage amended— of the United States’ 95,376 shoreline of ballast water; (A) by striking ‘‘As used in this Act, the miles are managed under this system, ‘‘(3B) BALLAST WATER MANAGEMENT.—The term—’’ and inserting ‘‘In this Act:’’; including, 34 of the 35 coastal and term ‘ballast water management’ means me- (B) by redesignating paragraphs (1) Great Lakes states and territories. The chanical, physical, chemical, and biological through (17C) as paragraphs (1) through (27), 35th, Illinois, has submitted a plan for processes used, either singularly or in com- respectively; and bination, to remove, render harmless, or Federal approval. (C) by inserting a heading after the des- The CZMA has not been reauthorized avoid the uptake or discharge of aquatic nui- ignation of each existing paragraph , in a sance species and pathogens within ballast in over a decade, and the program has form consistent with the form of the para- been operating with authorization lev- water and sediment; graphs added by paragraph (1) of this sub- ‘‘(3C) CONSTRUCTED.—The term ‘con- section, consisting of the term defined in els and mandates that expired in 1999. structed’ means a state of construction of a such paragraph and ‘‘The term’’. Much has changed in the interim, and vessel at which— (c) REPEAL OF SECTION 1103.—Section 1103 persistent threats to coastal areas, ‘‘(A) the keel is laid; of the Nonindigenous Aquatic Nuisance Pre- such as increasing rates of nonpoint ‘‘(B) construction identifiable with the spe- vention and Control Act of 1990 (16 U.S.C. source water pollution and constriction cific vessel begins; 4713) is repealed. ‘‘(C) assembly of the vessel has begun com- of working waterfront areas, have out- SEC. 4. AUTHORIZATION OF APPROPRIATIONS. paced states’ abilities to maintain an prising at least 50 tons or 1 percent of the es- Section 1301(a) of the Nonindigenous timated mass of all structural material of Aquatic Nuisance Prevention and Control appropriate balance between develop- the vessel, whichever is less; or Act of 1990 (16 U.S.C. 4741(a)) is amended— ment and conservation. The Coastal ‘‘(D) the vessel undergoes a major conver- (1) by striking ‘‘and’’ after the semicolon Zone Enhancement Reauthorization sion;’’; in paragraph (4)(B); Act of 2007 would encourage states to (E) by inserting after paragraph (10) the (2) by striking ‘‘1102(f).’’ in paragraph (5)(B) take additional voluntary steps to following: and inserting ‘‘1102(f); and’’; and ‘‘(10A) MAJOR CONVERSION.—The term combat these problems through the (3) by adding at the end the following: ‘major conversion’ means a conversion of a Coastal Community Program. ‘‘(6) $20,000,000 for each of fiscal years 2008 vessel, that— Each year, we also learn more about through 2012 to the Secretary to carry out ‘‘(A) changes its ballast water carrying ca- threats to our coasts from impacts of section 1101.’’. pacity by at least 15 percent; global climate change, yet the CZMA ‘‘(B) changes the vessel class; By Ms. SNOWE (for herself, Ms. currently provides no foundation to ‘‘(C) is projected to prolong the vessel’s life manage these problems. Mounting evi- by at least 10 years (as determined by the CANTWELL, and Mr. LEVIN): Secretary); or S. 1579. A bill to amend the Coastal dence indicates that increasing con- ‘‘(D) results in modifications to the ves- Zone Management Act; to the Com- centrations of atmospheric carbon di- sel’s ballast water system, except— mittee on Commerce, Science, and oxide, approximately a third of which ‘‘(i) component replacement-in-kind; or Transportation. is absorbed in our oceans, is affecting ‘‘(ii) conversion of a vessel to meet the re- Ms. SNOWE. Mr. President, I rise marine chemistry and acidifying sea quirements of section 1101(e);’’; today to introduce the Coastal Zone water. As global temperatures rise, we (F) by inserting after paragraph (12), as re- Enhancement Reauthorization Act of are also experiencing an increase in designated, the following: 2007. I am pleased to have my col- ocean temperatures which can affect ‘‘(12A) SALTWATER FLUSHING.—The term ‘saltwater flushing’ means the process of— league, Senator CANTWELL, join me in the migratory patterns and range of ‘‘(A) adding midocean water to a ballast cosponsoring this bill, which will en- marine species distribution. The prob- water tank that contains residual quantities able our Nation to improve the man- lems of potential sea level rise have of ballast waters; agement of our valuable, yet vulner- also been well-documented in academic ‘‘(B) mixing the midocean water with the able, coastal resources. journals and the mainstream media. residual ballast water and sediment in the More than half of all Americans re- The bill I introduce today contains a tank through the motion of a vessel; and side in coastal zones, and each year provision giving states the authority ‘‘(C) discharging the mixed water so that their number grows by more than 3,600. to adapt their coastal zone manage- the salinity of the resulting residual ballast Yet, coastal regions comprise just 17 water in the tank exceeds 30 parts per thou- ment plans to address these potential sand; percent of the land area in the contig- impacts and develop potential mitiga- ‘‘(12B) SEDIMENT.—The term ‘sediment’ uous United States. People are drawn tion and adaptation measures. means matter that has settled out of ballast to our oceans and Great Lakes to expe- The Coastal Zone Enhancement Re- water within a vessel;’’; rience the economic opportunities, nat- authorization of 2007 also significantly (G) by redesignating paragraph (15) as ural beauty, and recreational bounty increases the authorization levels for paragraph (16A) and moving it to follow that these regions have to offer. Part the Coastal Zone Management Pro- paragraph (16); of that value, both the tangible and in- gram, enabling States to better achieve (H) by inserting after paragraph (17) the tangible, comes from the habitat these their coastal management goals. The following: ‘‘(17A) UNITED STATES PORT.—The term ecosystems provide for a variety of bill authorizes $170 million for fiscal ‘United States port’ means a port, river, har- plants and animals, ranging from rare year 2008 and increases the authoriza- bor, or offshore terminal under the jurisdic- microscopic organisms to commer- tion levels to $193.5 million for fiscal tion of the United States, including ports lo- cially valuable fish stocks. As popu- year 2012. This adjustment in funding

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.067 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7367 would enable the States’ coastal pro- Sec. 17. Coastal zone management reports. (7) by striking ‘‘and’’ at the end of para- grams to achieve their full potential. Sec. 18. Authorization of appropriations. graph (5); The Coastal Zone Management Pro- Sec. 19. Deadline for decision on appeals of (8) by striking ‘‘zone.’’ in paragraph (6) and consistency determination. gram has a long record of helping inserting ‘‘zone;’’; and Sec. 20. Effects of climate change on coastal (9) by adding at the end thereof the fol- states achieve their coastal area man- zone management. lowing: agement goals by enhancing their abil- Sec. 21. Coordination with Federal Energy ‘‘(7) to create and use a National Estuarine ity to maintain clean, safe, and produc- Regulatory Commission. Research Reserve System as a Federal, state, tive coastlines that ultimately serve SEC. 2. AMENDMENT OF COASTAL ZONE MANAGE- and community partnership to support and the best interest of our Nation. This MENT ACT OF 1972. enhance coastal management and steward- Except as otherwise expressly provided, ship through State-based conservation, mon- program enjoys widespread support whenever in this Act an amendment or re- among coastal States, as demonstrated itoring, research, education, outreach, and peal is expressed in terms of an amendment training; and by the near unanimous participation to, or repeal of, a section or other provision, ‘‘(8) to encourage the development, appli- by eligible States, and the many Com- the reference shall be considered to be made cation, training, technical assistance, and merce Committee members who have to a section or other provision of the Coastal transfer of innovative coastal management Zone Management Act of 1972 (16 U.S.C. 1451 worked with me to strengthen this pro- practices and coastal and estuarine environ- et seq.). gram over the past several years. mental technologies and techniques to im- SEC. 3. FINDINGS. prove understanding and management deci- I am pleased to introduce this legis- Section 302 (16 U.S.C. 1451) is amended— lation that would provide our coastal sionmaking for the long-term conservation (1) by redesignating paragraphs (a) through of coastal ecosystems.’’. states with the funding and manage- (m) as paragraphs (1) through (13); SEC. 5. CHANGES IN DEFINITIONS. (2) by inserting ‘‘ports,’’ in paragraph (3) ment frameworks necessary to meet Section 304 (16 U.S.C. 1453) is amended— (as so redesignated) after ‘‘fossil fuels,’’; the ever-increasing conservation and (1) by striking ‘‘and the Trust Territories (3) by inserting ‘‘including coastal waters development challenges facing our of the Pacific Islands,’’ in paragraph (4); and wetlands,’’ in paragraph (4) (as so redes- coastal communities, and I urge my (2) in paragraph (6)(B)— ignated) after ‘‘zone,’’; (A) by inserting ‘‘(ix) use or reuse of facili- colleagues to support it. (4) by striking ‘‘therein,’’ in paragraph (4) ties authorized under the Outer Continental Additionally, as Ranking Member of (as so redesignated) and inserting ‘‘depend- Shelf Lands Act (43 U.S.C. 1331 et seq.) for the Committee on Commerce, Science, ent on that habitat,’’; energy-related purposes or other authorized (5) by striking ‘‘well-being’’ in paragraph and Transportation’s subcommittee on marine related purposes;’’ after ‘‘trans- (5) (as so redesignated) and inserting ‘‘qual- Oceans, Atmosphere, Fisheries, and mission facilities;’’; and ity of life’’; Coast Guard, I would like to commend (B) by striking ‘‘and (ix)’’ and inserting (6) by inserting ‘‘integrated plans and my colleagues for their hard work that ‘‘and (x); strategies,’’ after ‘‘including’’ in paragraph (3) by striking paragraph (8) and inserting has resulted in today’s introduction of (9) (as so redesignated); six ocean-related bills. As you are the following: (7) by striking paragraph (11) (as so redes- ‘‘(8) The terms ‘estuarine reserve’ and ‘es- aware, we are in the midst of Capitol ignated) and inserting the following: Hill Oceans Week, and I am pleased tuarine research reserve’ mean a coastal pro- ‘‘(11) Land and water uses in the coastal tected area that— that we can commemorate that occa- zone and coastal watersheds may signifi- ‘‘(A) may include any part or all of an es- sion by bringing these critical marine cantly affect the quality of coastal waters tuary and any island, transitional area, and issues to the fore. I look forward to and habitats, and efforts to control coastal upland in, adjoining, or adjacent to the estu- working with my fellow Committee water pollution from activities in these ary; areas must be improved.’’; and members and the rest of the Senate as ‘‘(B) constitutes to the extent feasible a (8) by adding at the end thereof the fol- natural unit; and we improve management of our Na- lowing: tion’s invaluable coastal and ocean re- ‘‘(C) is established to provide long-term op- ‘‘(14) There is a need to enhance coopera- portunities for conducting scientific studies sources for the benefit of all Ameri- tion and coordination among states and local and monitoring and educational and training cans. communities, to encourage local commu- programs that improve the understanding, I ask unanimous consent that the nity-based solutions that address the im- stewardship, and management of estuaries text of the bill be printed in the pacts and pressures on coastal resources and and improve coastal decisionmaking.’’; RECORD. on public facilities and public service caused (4) by inserting ‘‘plans, strategies,’’ after There being no objection, the text of by continued coastal demands, and to in- ‘‘policies,’’ in paragraph (12); crease state and local capacity to identify the bill was ordered to be printed in (5) in paragraph (13)— public infrastructure and open space needs (A) by inserting ‘‘or alternative energy the RECORD, as follows: and develop and implement plans which pro- sources on or’’ after ‘‘natural gas’’; S. 1579 vide for sustainable growth, resource protec- (B) by striking ‘‘new or expanded’’ and in- Be it enacted by the Senate and House of Rep- tion and community revitalization. serting ‘‘new, reused, or expanded’’; and resentatives of the United States of America in ‘‘(15) The establishment of a national sys- (C) by striking ‘‘or production.’’ and in- Congress assembled, tem of estuarine research reserves will pro- serting ‘‘production, or other energy related SECTION 1. SHORT TITLE; TABLE OF CONTENTS. vide for protection of essential estuarine re- purposes.’’; (a) SHORT TITLE.—This Act may be cited as sources, as well as for a network of State- (6) by striking ‘‘policies; standards’’ in the ‘‘Coastal Zone Enhancement Reauthor- based reserves that will serve as sites for paragraph (17) and inserting ‘‘policies, stand- ization Act of 2007’’. coastal stewardship best-practices, moni- ards, incentives, guidelines,’’; and (b) TABLE OF CONTENTS.—The table of con- toring, research, education, and training to (7) by adding at the end the following: tents for this Act is as follows: improve coastal management and to help ‘‘(19) The term ‘coastal nonpoint pollution translate science and inform coastal deci- Sec. 1. Short title; table of contents. control strategies and measures’ means sionmakers and the public.’’. Sec. 2. Amendment of Coastal Zone Manage- strategies and measures included as part of ment Act of 1972. SEC. 4. POLICY. the coastal nonpoint pollution control pro- Sec. 3. Findings. Section 303 (16 U.S.C. 1452) is amended— gram under section 6217 of the Coastal Zone Sec. 4. Policy. (1) by striking ‘‘the states’’ in paragraph Act Reauthorization Amendments of 1990 (16 Sec. 5. Changes in definitions. (2) and inserting ‘‘state and local govern- U.S.C. 1455b). Sec. 6. Reauthorization of management pro- ments’’; ‘‘(20) The term ‘qualified local entity’ gram development grants. (2) by striking ‘‘programs’’ the first place means— Sec. 7. Administrative grants. it appears in paragraph (2) and inserting ‘‘(A) any local government; Sec. 8. Coastal resource improvement pro- ‘‘programs, plans, and strategies’’; ‘‘(B) any areawide agency referred to in gram. (3) by striking ‘‘waters,’’ each place it ap- section 204(a)(1) of the Demonstration Cities Sec. 9. Certain Federal agency activities. pears in paragraph (2)(C) and inserting ‘‘wa- and Metropolitan Development Act of 1966 Sec. 10. Coastal zone management fund. ters and habitats,’’; (42 U.S.C. 3334 (a)(1)); Sec. 11. Coastal zone enhancement grants. (4) by striking ‘‘agencies and state and ‘‘(C) any regional agency; Sec. 12. Coastal community program. wildlife agencies; and’’ in paragraph (2)(J) ‘‘(D) any interstate agency; Sec. 13. Technical assistance; resources as- and inserting ‘‘and wildlife management, ‘‘(E) any nonprofit organization; or sessments; information sys- and’’; ‘‘(F) any reserve established under section tems. (5) by striking ‘‘specificity’’ in paragraph 315.’’. Sec. 14. Performance review. (3) and inserting ‘‘specificity, cooperation, SEC. 6. REAUTHORIZATION OF MANAGEMENT Sec. 15. Walter B. Jones awards. coordination, and effectiveness’’; PROGRAM DEVELOPMENT GRANTS. Sec. 16. National Estuarine Research Re- (6) by inserting ‘‘other countries,’’ after Section 305 (16 U.S.C. 1454) is amended to serve System. ‘‘agencies,’’ in paragraph (5); read as follows:

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.078 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7368 CONGRESSIONAL RECORD — SENATE June 7, 2007 ‘‘SEC. 305. MANAGEMENT PROGRAM DEVELOP- ‘‘(G) the coordination and implementation ‘‘(1) Protection, restoration, enhancement, MENT GRANTS. of approved coastal nonpoint pollution con- or creation of coastal habitats, including ‘‘(a) STATES WITHOUT PROGRAMS.—In fiscal trol plans, strategies, measures.’’; and wetlands, coral reefs, marshes, and barrier years 2008 and 2009, the Secretary may make (8) by striking subsections (d), (e), and (f) islands.’’; a grant annually to any coastal state with- and inserting after subsection (c) the fol- (2) by inserting ‘‘and removal’’ after out an approved program if the coastal state lowing: ‘‘entry’’ in subsection (a)(4); demonstrates to the satisfaction of the Sec- ‘‘(d) SOURCE OF FEDERAL GRANTS; STATE (3) by striking ‘‘on various individual uses retary that the grant will be used to develop MATCHING CONTRIBUTIONS.— or activities on resources, such as coastal a management program consistent with the ‘‘(1) IN GENERAL.—If a coastal state chooses wetlands and fishery resources.’’ in sub- requirements set forth in section 306. The to fund a project under this section, then— section (a)(5) and inserting ‘‘of various indi- amount of any such grant shall not exceed ‘‘(A) it shall submit to the Secretary a vidual uses or activities on coastal waters, $200,000 in any fiscal year, and shall require combined application for grants under this habitats, and resources, including sources of State matching funds according to a 4-to-1 section and section 306; polluted runoff.’’; ratio of Federal-to-State contributions. ‘‘(B) it shall match the combined amount (4) by adding at the end of subsection (a) After an initial grant is made to a coastal of such grants in the ratio required by sec- the following: state under this subsection, no subsequent tion 306(a) for grants under that section; and ‘‘(10) Development and enhancement of grant may be made to that coastal state ‘‘(C) the Federal funding for the project coastal nonpoint pollution control program under this subsection unless the Secretary shall be a portion of that state’s annual allo- components, strategies, and measures, in- finds that the coastal state is satisfactorily cation under section 306(a). cluding the satisfaction of conditions placed developing its management program. No ‘‘(2) USE OF FUNDS.—Grants provided under on such programs as part of the Secretary’s coastal state is eligible to receive more than this section may be used to pay a coastal approval of the programs. 4 grants under this subsection. state’s share of costs required under any ‘‘(11) Significant emerging coastal issues ‘‘(b) SUBMITTAL OF PROGRAM FOR AP- other Federal program that is consistent as identified by coastal states, in consulta- PROVAL.—A coastal state that has completed with the purposes of this section. tion with the Secretary and qualified local the development of its management program ‘‘(e) ALLOCATION OF GRANTS TO QUALIFIED entities.’’; shall submit the program to the Secretary LOCAL ENTITY.—With the approval of the (5) by striking ‘‘changes’’ in subsection for review and approval under section 306.’’. Secretary, the eligible coastal state may al- (b)(2)(A) and inserting ‘‘changes, or for SEC. 7. ADMINISTRATIVE GRANTS. locate to a qualified local entity a portion of projects that demonstrate significant poten- any grant made under this section for the (a) PURPOSES.—Section 306(a) (16 U.S.C. tial for improving ocean resource manage- purpose of carrying out this section; except 1455(a)) is amended by striking ‘‘admin- ment or integrated coastal and watershed that such an allocation shall not relieve that istering that State’s management program,’’ management at the local, state, or regional state of the responsibility for ensuring that and inserting ‘‘administering and imple- level,’’; any funds so allocated are applied in further- (6) by striking ‘‘proposals, taking into ac- menting that State’s management program ance of the state’s approved management count the criteria established by the Sec- and any plans, projects, or activities devel- program and consistent with the policies of retary under subsection (d).’’ in subsection oped pursuant to such program, including de- this Act. (c) and inserting ‘‘proposals.’’; veloping and implementing applicable coast- ‘‘(f) ASSISTANCE.—The Secretary shall as- al nonpoint pollution control program com- sist eligible coastal states in identifying and (7) by striking subsection (d) and redesig- ponents,’’. obtaining from other Federal agencies tech- nating subsections (e), (f), and (g) as sub- (b) EQUITABLE ALLOCATION OF FUNDING.— nical and financial assistance in achieving sections (d), (e), and (f), respectively; and Section 306(c) (16 U.S.C. 1455(c)) is amended the objectives set forth in subsection (b).’’. (8) by striking ‘‘in implementing this sec- by adding at the end thereof ‘‘In promoting SEC. 9. CERTAIN FEDERAL AGENCY ACTIVITIES. tion, up to a maximum of $10,000,000 annu- equity, the Secretary shall consider the Section 307(c)(1) (16 U.S.C. 1456(c)(1)) is ally.’’ in subsection (e), as redesignated, and overall change in grant funding under this amended by adding at the end the following: inserting ‘‘for grants to the States.’’. section from the preceding fiscal year and ‘‘(D) The provisions of paragraph (1)(A), SEC. 12. COASTAL COMMUNITY PROGRAM. minimize the relative increases or decreases and implementing regulations thereunder, The Act is amended by inserting after sec- among all the eligible States. To the extent with respect to a Federal agency activity in- tion 309 the following: practicable, the Secretary shall ensure that land of the coastal zone of the State of Alas- ‘‘SEC. 309A. COASTAL COMMUNITY PROGRAM. each eligible State receives increased fund- ka, apply only if the activity directly and ‘‘(a) COASTAL COMMUNITY GRANTS.—The ing under this section in any fiscal year for significantly affects a land or water use or a Secretary may make grants to any coastal which the total amount appropriated to natural resource of the Alaskan coastal state that is eligible under subsection (b)— carry out this section is greater than the zone.’’. ‘‘(1) to assist coastal communities in as- total amount appropriated to carry out this SEC. 10. COASTAL ZONE MANAGEMENT FUND. sessing and managing growth, public infra- section for the preceding fiscal year. (a) TREATMENT OF LOAN REPAYMENTS.— structure, and open space needs in order to (c) ACQUISITION CRITERIA.—Section Section 308(a)(2) (16 U.S.C. 1456a(a)(2)) is provide for sustainable growth, resource pro- 306(d)(10)(B) (16 U.S.C. 1455(d)(10)(B)) is amended to read as follows: tection and community revitalization; amended by striking ‘‘less than fee simple’’ ‘‘(2) Loan repayments made under this sub- ‘‘(2) to provide management-oriented re- and inserting ‘‘other’’. section shall be retained by the Secretary search and technical assistance in devel- (d) CONFORMING AMENDMENT.—Section and deposited into the Coastal Zone Manage- oping and implementing community-based 306(d)(13)(B) (16 U.S.C. 1455(d)(13)(B)) is ment Fund established under subsection (b) growth management and resource protection amended by inserting ‘‘policies, plans, strat- and shall be made available to the States for strategies in qualified local entities as long egies,’’ after ‘‘specific’’. grants as under subsection (b)(2).’’. as such strategies are consistent with the SEC. 8. COASTAL RESOURCE IMPROVEMENT PRO- (b) USE OF AMOUNTS IN FUND.—Section policies of this Act; GRAM. 308(b) (16 U.S.C. 1456a(b)) is amended by ‘‘(3) to fund demonstration projects which Section 306A (16 U.S.C. 1455a) is amended— striking paragraphs (2) and (3) and inserting have high potential for improving coastal (1) by inserting ‘‘or other important coast- the following: zone management at the local level; al habitats’’ in subsection (b)(1)(A) after ‘‘(2) Subject to appropriation Acts, ‘‘(4) to assist in the adoption of plans, ‘‘306(d)(9)’’; amounts in the Fund shall be available to strategies, policies, or procedures to support (2) by inserting ‘‘or historic’’ in subsection the Secretary to make grants to the States local community-based environmentally-pro- (b)(2) after ‘‘urban’’; for— tective solutions to the impacts and pres- (3) by adding at the end of subsection (b) ‘‘(A) projects to address coastal and ocean sures on coastal uses and resources caused the following: management issues which are regional in by development and sprawl that will— ‘‘(5) The coordination and implementation scope, including intrastate and interstate ‘‘(A) revitalize previously developed areas; of approved coastal nonpoint pollution con- projects; and ‘‘(B) undertake conservation activities and trol plans, strategies, and measures. ‘‘(B) projects that have high potential for projects in undeveloped and environmentally ‘‘(6) The preservation, restoration, en- improving coastal zone and watershed man- sensitive areas; hancement or creation of coastal habitats.’’; agement. ‘‘(C) emphasize water-dependent uses; and (4) by inserting ‘‘planning,’’ before ‘‘engi- ‘‘(3) Projects funded under this subsection ‘‘(D) protect coastal waters and habitats; neering’’ in subsection (c)(2)(D); shall apply an integrated, watershed-based and (5) by striking ‘‘and’’ after the semicolon management approach and advance the pur- ‘‘(5) to assist coastal communities to co- in subsection (c)(2)(D); pose of this Act to preserve, protect, develop, ordinate and implement approved coastal (6) by striking ‘‘section.’’ in subsection and where possible, to restore or enhance, nonpoint pollution control strategies and (c)(2)(E) and inserting ‘‘section;’’; the resources of the Nation’s coastal zone for measures that reduce the causes and impacts (7) by adding at the end of subsection (c)(2) this and succeeding generations.’’. of polluted runoff on coastal waters and the following: SEC. 11. COASTAL ZONE ENHANCEMENT GRANTS. habitats.’’. ‘‘(F) work, resources, or technical support Section 309 (16 U.S.C. 1456b) is amended— ‘‘(b) ELIGIBILITY.—To be eligible for a grant necessary to preserve, restore, enhance, or (1) by striking subsection (a)(1) and insert- under this section for a fiscal year, a coastal create coastal habitats; and ing the following: state shall—

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.064 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7369 ‘‘(1) have a management program approved ance and information needs and priorities. (1) by inserting ‘‘for each coastal state or under section 306; and The regional advisory committees are not territory’’ after ‘‘research’’ in subparagraph ‘‘(2) in the judgment of the Secretary, be subject to the requirements of the Federal (A); making satisfactory progress in activities Advisory Committee Act (5 U.S.C. App.).’’; (2) by striking ‘‘public awareness and’’ in designed to result in significant improve- and subparagraph (C) and inserting ‘‘state coast- ment in achieving the coastal management (7) by adding at the end the following: al management, public awareness, and’’; and objectives specified in subparagraphs (A) ‘‘(c)(1) The Secretary shall consult with (3) by striking ‘‘public education and inter- through (K) of section 303(2). the regional advisory committees concerning pretation; and’’; in subparagraph (C) and in- ‘‘(c) ALLOCATIONS; SOURCE OF FEDERAL the development of a coastal resources as- serting ‘‘education, interpretation, training, GRANTS; STATE MATCHING CONTRIBUTIONS.— sessment and information program to sup- and demonstration projects; and’’. ‘‘(1) ALLOCATION.—Grants under this sec- port development and maintenance of inte- tion shall be allocated to coastal states as (c) Section 315(c) (16 U.S.C. 1461(c)) is grated coastal resource assessments of state amended— provided in section 306(c). natural, cultural and economic attributes, (1) by striking ‘‘RESEARCH’’ in the sub- ‘‘(2) APPLICATION; MATCHING.—If a coastal and coastal information programs for the section caption and inserting ‘‘RESEARCH, state chooses to fund a project under this collection and dissemination of data and in- EDUCATION, AND RESOURCE STEWARDSHIP’’; section, then— formation, product development, and out- ‘‘(A) it shall submit to the Secretary a (2) by striking ‘‘conduct of research’’ and reach based on the needs and priorities of inserting ‘‘conduct of research, education, combined application for grants under this coastal and ocean managers and user groups. section and section 306; and and resource stewardship’’; ‘‘(2) The Secretary shall assist coastal (3) by striking ‘‘coordinated research’’ in ‘‘(B) it shall match the amount of the states in identifying and obtaining financial grant under this section on the basis of a paragraph (1)) and inserting ‘‘coordinated re- and technical assistance from other Federal search, education, and resource steward- total contribution of section 306, 306A, and agencies and may make grants to states in this section so that, in aggregate, the match ship’’; carrying out the purpose of this section and (4) by striking ‘‘research’’ after ‘‘common’’ is 1:1. to provide ongoing support for state resource ‘‘(d) ALLOCATION OF GRANTS TO QUALIFIED in paragraph (2); assessment and information programs.’’. (5) by striking ‘‘research programs’’ in LOCAL ENTITY.— (b) CONFORMING AMENDMENT.—The section ‘‘(1) IN GENERAL.—With the approval of the paragraph (2) and inserting ‘‘research, edu- heading for section 310 (16 U.S.C. 1456c) is cation, and resource stewardship programs’’; Secretary, the eligible coastal state may al- amended to read as follows: locate to a qualified local entity amounts re- (6) by striking ‘‘research’’ after ‘‘uniform’’ ‘‘SEC. 310. TECHNICAL ASSISTANCE, RESOURCES ceived by the state under this section. in paragraph (3); ASSESSMENTS, AND INFORMATION (7) by striking ‘‘data,’’ in paragraph (3) and ‘‘(2) ASSURANCES.—A coastal state shall en- SYSTEMS. sure that amounts allocated by the state SEC. 14. PERFORMANCE REVIEW. inserting ‘‘information,’’; (8) by striking ‘‘research’’ after ‘‘applica- under paragraph (1) are used by the qualified Section 312(a) (16 U.S.C. 1458(a)) is amend- tion of’’ in paragraph (3); local entity in furtherance of the state’s ap- ed— (9) by striking ‘‘research purposes;’’ in proved management program, specifically (1) by striking ‘‘continuing review of the paragraph (3) and inserting ‘‘research, edu- furtherance of the coastal management ob- performance’’ and inserting ‘‘periodic re- cation, and resource stewardship purposes;’’; jectives specified in section 303(2) and the view, no less frequently than every 5 years, (10) by striking ‘‘research efforts’’ in para- policies of this Act. of the administration, implementation, and graph (4) and inserting ‘‘research, education, ‘‘(e) ASSISTANCE.—The Secretary shall as- performance’’; and resource stewardship efforts’’; sist eligible coastal states and qualified local (2) by striking ‘‘management.’’ and insert- (11) by striking ‘‘research’’ in paragraph (5) entities in identifying and obtaining from ing ‘‘management programs.’’; and inserting ‘‘research, education, and re- other Federal agencies technical and finan- (3) by striking ‘‘has implemented and en- source stewardship’’; and cial assistance in achieving the objectives forced’’ and inserting ‘‘has effectively ad- (12) by striking ‘‘research’’ in the last sen- set forth in subsection (a).’’. ministered, implemented, and enforced’’; tence. SEC. 13. TECHNICAL ASSISTANCE; RESOURCES (4) by striking ‘‘addressed the coastal man- ASSESSMENTS; INFORMATION SYS- agement needs identified’’ and inserting (d) Section 315(d) (16 U.S.C. 1461(d)) is TEMS. ‘‘furthered the national coastal policies and amended— (a) IN GENERAL.—Section 310 (16 U.S.C. 1456c) is amended— objectives set forth’’; and (1) by striking ‘‘ESTUARINE RESEARCH.—’’ (1) by inserting ‘‘(1)’’ before ‘‘The Sec- (5) by inserting ‘‘coordinated with National in the subsection caption and inserting ‘‘ES- retary’’ in subsection (a); Estuarine Research Reserves in the state,’’ TUARINE RESEARCH, EDUCATION, AND RE- (2) by striking ‘‘assistance’’ in the first after ‘‘303(2)(A) through (K),’’. SOURCE STEWARDSHIP.—’’; sentence in subsection (a) and inserting ‘‘as- SEC. 15. WALTER B. JONES AWARDS. (2) by striking ‘‘research purposes’’ and in- sistance, technology and methodology devel- Section 314 (16 U.S.C. 1460) is amended— serting ‘‘research, education, and resource opment, training and information transfer, (1) by striking ‘‘shall, using sums in the stewardship purposes’’; resources assessment,’’; Coastal Zone Management Fund established (3) by striking paragraph (1) and inserting (3) by resetting the second and third sen- under section 308’’ in subsection (a) and in- the following: tences in subsection (a) as a new paragraph serting ‘‘may, using sums available under ‘‘(1) giving reasonable priority to research, and inserting ‘‘(2)’’ before ‘‘Each’’; this Act’’; education, and stewardship activities that (4) by striking ‘‘and research activities’’ in (2) by striking ‘‘field.’’ in subsection (a) use the System in conducting or supporting subsection (b)(1) and inserting ‘‘research ac- and inserting the following: ‘‘field of coastal activities relating to estuaries;’’; tivities, and other support services and ac- zone management. These awards, to be (4) by striking ‘‘research.’’ in paragraph (2) tivities’’; known as the ‘Walter B. Jones Awards’, may and inserting ‘‘research, education, and re- (5) by adding at the end of subsection (b)(1) include— source stewardship activities; and’’; and the following: ‘‘The Secretary may conduct a ‘‘(1) cash awards in an amount not to ex- (5) by adding at the end thereof the fol- program to develop and apply innovative ceed $5,000 each; lowing: coastal and estuarine environmental tech- ‘‘(2) research grants; and ‘‘(3) establishing partnerships with other nology and methodology through a coopera- ‘‘(3) public ceremonies to acknowledge Federal and state estuarine management tive program, and to support the develop- such awards.’’; programs to coordinate and collaborate on ment, application, training and technical as- (3) by striking ‘‘shall elect annually—’’ in estuarine research.’’. sistance, and transfer of effective coastal subsection (b) and inserting ‘‘may select an- (e) Section 315(e) (16 U.S.C. 1461(e)) is management practices. The Secretary may nually if funds are available under sub- amended— make extramural grants in carrying out the section (a)—’’; and (1) by striking ‘‘reserve,’’ in paragraph purpose of this subsection.’’; (4) by striking subsection (e). (1)(A)(i) and inserting ‘‘reserve; and’’; (6) by adding at the end of subsection (b)(3) SEC. 16. NATIONAL ESTUARINE RESEARCH RE- (2) by striking ‘‘and constructing appro- the following: ‘‘The Secretary shall establish SERVE SYSTEM. priate reserve facilities, or’’ in paragraph regional advisory committees including rep- (a) Section 315(a) (16 U.S.C. 1461(a)) is (1)(A)(ii) and inserting ‘‘including resource resentatives of the Governors of each state amended by striking ‘‘consists of—’’ and in- stewardship activities and constructing re- within the region, universities, colleges, serting ‘‘is a network of areas protected by serve facilities; and’’; coastal and marine laboratories, Sea Grant Federal, state, and community partnerships (3) by striking paragraph (1)(A)(iii); College programs within the region and rep- which promotes informed management of (4) by striking paragraph (1)(B) and insert- resentatives from the private and public sec- the Nation’s estuarine and coastal areas ing the following: tor with relevant expertise. The Secretary through interconnected programs in resource ‘‘(B) to any coastal state or public or pri- will report to the regional advisory commit- stewardship, education and training, moni- vate person for purposes of— tees on activities undertaken by the Sec- toring, research, and scientific under- ‘‘(i) supporting research and monitoring retary and other agencies pursuant to this standing consisting of—’’. associated with a national estuarine reserve section, and the regional advisory commit- (b) Section 315(b)(2) ((16 U.S.C. 1461(b)(2)) is that are consistent with the research guide- tees shall identify research, technical assist- amended— lines developed under subsection (c); or

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.064 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7370 CONGRESSIONAL RECORD — SENATE June 7, 2007 ‘‘(ii) conducting educational, interpretive, ‘‘(D) $102,000,000 for fiscal year 2011, and ‘‘(ii) as the Secretary determines necessary or training activities for a national estua- ‘‘(E) $106,000,000 for fiscal year 2012; to receive, on an expedited basis— rine reserve that are consistent with the ‘‘(2) for grants under section 309A— ‘‘(I) any supplemental information specifi- education guidelines developed under sub- ‘‘(A) $29,000,000 for fiscal year 2008, cally requested by the Secretary to complete section (c).’’; ‘‘(B) $30,000,000 for fiscal year 2009, a consistency review under this Act; or (5) by striking ‘‘therein or $5,000,000, which- ‘‘(C) $31,000,000 for fiscal year 2010, ‘‘(II) any clarifying information submitted ever amount is less.’’ in paragraph (3)(A) and ‘‘(D) $32,000,000 for fiscal year 2011, and by a party to the proceeding related to infor- inserting ‘‘therein. Non-Federal costs associ- ‘‘(E) $32,000,000 for fiscal year 2012, mation already existing in the sole record. ated with the purchase of any lands and wa- of which $10,000,000, or 35 percent, whichever ‘‘(B) APPLICABILITY.—The Secretary may ters, or interests therein, which are incor- is less, shall be for purposes set forth in sec- only stay the 270-day period described in porated into the boundaries of a reserve up tion 309A(a)(5); paragraph (1) once and for a period not to ex- to 5 years after the costs are incurred, may ‘‘(3) for grants under section 315— ceed 60 days. be used to match the Federal share.’’; ‘‘(A) $37,000,000 for fiscal year 2008, ‘‘(c) DEADLINE FOR DECISION.— (6) by striking ‘‘and (iii)’’ in paragraph ‘‘(B) $38,000,000 for fiscal year 2009, ‘‘(1) IN GENERAL.—Not later than 90 days (3)(B); ‘‘(C) $39,000,000 for fiscal year 2010, after the date of publication of a Federal (7) by striking ‘‘paragraph (1)(A)(iii)’’ in ‘‘(D) $40,000,000 for fiscal year 2011, and Register notice stating when the decision paragraph (3)(B) and inserting ‘‘paragraph ‘‘(E) $41,000,000 for fiscal year 2012, record for an appeal has been closed, the Sec- (1)(B)’’; of which up to $15,000,000 may be used by the retary shall issue a decision or publish a no- (8) by striking ‘‘entire System.’’ in para- Secretary in each of fiscal years 2008 through tice in the Federal Register explaining why a graph (3)(B) and inserting ‘‘System as a 2012 for grants to fund construction and ac- decision cannot be issued at that time. whole.’’; and quisition projects at estuarine reserves des- ‘‘(2) SUBSEQUENT DECISION.—Not later than (9) by adding at the end thereof the fol- ignated under section 315; 45 days after the date of publication of a Fed- lowing: ‘‘(4) for costs associated with admin- eral Register notice explaining why a deci- ‘‘(4) The Secretary may— istering this title, $7,500,000 for fiscal year sion cannot be issued within the 90-day pe- ‘‘(A) enter into cooperative agreements, fi- 2008, $7,750,000 for fiscal year 2009, $8,000,000 riod, the Secretary shall issue a decision.’’. nancial agreements, grants, contracts, or for fiscal year 2010, $8,250,000, for fiscal year (b) EFFECTIVE DATE.—The amendment other agreements with any nonprofit organi- 2011, and $8,500,000 for fiscal year 2012; and made by subsection (a) applies with respect zation, authorizing the organization to so- ‘‘(5) for grants under section 310 to support to appeals under subsection (c) or (d) of sec- licit donations to carry out the purposes and State pilot projects to implement resource tion 307 of the Coastal Zone Management Act policies of this section, other than general assessment and information programs, of 1972 (16 U.S.C. 1456) filed after the date of administration of reserves or the System and $6,000,000 for each of fiscal years 2008 and enactment of this Act. which are consistent with the purposes and 20010.’’; (c) SPECIAL RULE FOR APPEALS FILED ONOR policies of this section; and (2) by striking ‘‘306 or 309.’’ in subsection BEFORE DATE OF ENACTMENT.—The Secretary ‘‘(B) accept donations of funds and services (b) and inserting ‘‘306.’’; of Commerce— for use in carrying out the purposes and poli- (3) by striking ‘‘during the fiscal year, or (1) shall close the administrative record for cies of this section, other than general ad- during the second fiscal year after the fiscal any appeal under subsection (c) or (d) of sec- ministration of reserves or the System and year, for which’’ in subsection (c) and insert- tion 307 of the Coastal Zone Management Act which are consistent with the purposes and ing ‘‘within 3 years from when’’; of 1972 (16 U.S.C. 1456) that was filed on or be- policies of this section. (4) by striking ‘‘under the section for such fore the date of enactment of this Act within Donations accepted under this section shall reverted amount was originally made avail- 180 days after such date of enactment but not be considered as a gift or bequest to or for able.’’ in subsection (c) and inserting ‘‘to earlier than December 31, 2008; the use of the United States for the purpose states under this Act.’’; and (2) may not receive any additional filing of carrying out this section.’’. (5) by adding at the end thereof the fol- with respect to such an appeal; and (f) Section 315(f)(1) (16 U.S.C. 1461(f)(1)) is lowing: (3) shall issue a decision on the appeal amended by inserting ‘‘coordination with ‘‘(d) PURCHASE OF OTHERWISE UNAVAILABLE within 90 days after closing the administra- other state programs established under sec- FEDERAL PRODUCTS AND SERVICES.—Federal tive record. tions 306 and 309A,’’ after ‘‘including’’. funds allocated under this title may be used SEC. 20. EFFECTS OF CLIMATE CHANGE ON SEC. 17. COASTAL ZONE MANAGEMENT REPORTS. by grantees to purchase Federal products COASTAL ZONE MANAGEMENT. Section 316 (16 U.S.C. 1462) is amended— and services not otherwise available. The Act (16 U.S.C. 1451 et seq.) is amended (1) by striking ‘‘to the President for trans- ‘‘(e) RESTRICTIONS ON USE OF AMOUNTS.— by adding at the end the following: mittal’’ in subsection (a); Except for funds appropriated under sub- section (a)(4), amounts appropriated under (2) by striking ‘‘zone and an evaluation of ‘‘SEC. 320. EFFECTS OF CLIMATE CHANGE ON this section shall not be available for admin- the effectiveness of financial assistance COASTAL ZONE MANAGEMENT. istrative or overhead costs of the National under section 308 in dealing with such con- ‘‘In preparing and carrying out its manage- Oceanic and Atmospheric Administration or sequences;’’ and inserting ‘‘zone;’’ in sub- ment program, a coastal state may— the Department of Commerce. Amounts ap- section (a)(10); ‘‘(1) conduct assessments, mapping, mod- propriated under subsection (a)(1) or (2) shall eling, and forecasting to understand the (3) by inserting ‘‘education,’’ after ‘‘stud- be available only for grants to States.’’. ies,’’ in subsection (a)(12); physical, environmental, and socio-economic SEC. 19. DEADLINE FOR DECISION ON APPEALS impacts of sea level rise, changes in fresh- (4) by striking ‘‘Secretary’’ in the first sen- OF CONSISTENCY DETERMINATION. water quality and quantity, ocean acidifica- tence of subsection (c)(1) and inserting ‘‘Sec- (a) IN GENERAL.—Section 319 (16 U.S.C. tion, ocean warming, or other effects of glob- retary, in consultation with coastal states, 1465) is amended to read as follows: al climate change on the coastal zone; and with the participation of affected Fed- ‘‘SEC. 319. APPEALS TO THE SECRETARY. ‘‘(2) develop prevention, adaptation or re- eral agencies,’’; ‘‘(a) NOTICE.—Not later than 30 days after sponse strategies to reduce vulnerability of (5) by striking the second sentence of sub- the date of the filing of an appeal to the Sec- coastal communities and resources to such section (c)(1) and inserting the following: retary of a consistency determination under ‘‘The Secretary, in conducting such a review, section 307, the Secretary shall publish an impacts, changes, and effects; and shall coordinate with, and obtain the views initial notice in the Federal Register. ‘‘(3) establish mechanisms to increase local of, appropriate Federal agencies.’’; ‘‘(b) CLOSURE OF RECORD.— awareness of such impacts, changes, and ef- (6) by striking ‘‘shall promptly’’ in sub- ‘‘(1) IN GENERAL.—Not later than the end of fects.’’. section (c)(2) and inserting ‘‘shall, within 4 the 270-day period beginning on the date of SEC. 21. COORDINATION WITH FEDERAL ENERGY years after the date of enactment of the publication of an initial notice under sub- REGULATORY COMMISSION. Coastal Zone Enhancement Reauthorization section (a), except as provided in paragraph Within 180 days after the date of enact- Act of 2007,’’; and (3), the Secretary shall immediately close ment of this Act, the Secretary of Commerce (7) by adding at the end of subsection (c)(2) the decision record and receive no more fil- shall submit a report to the Congress on the the following: ‘‘If sufficient funds and re- ings on the appeal. development of a memorandum of under- sources are not available to conduct such a ‘‘(2) NOTICE.—After closing the administra- standing with the Commissioner of the Fed- review, the Secretary shall so notify the tive record, the Secretary shall immediately eral Energy Regulatory Commission for a co- Congress.’’. publish a notice in the Federal Register that ordinated process for review of coastal en- SEC. 18. AUTHORIZATION OF APPROPRIATIONS. the administrative record has been closed. ergy activities that provides for— Section 318 (16 U.S.C. 1464) is amended— ‘‘(3) EXCEPTION.— (1) improved coordination among Federal, (1) by striking paragraphs (1) and (2) of ‘‘(A) IN GENERAL.—Subject to subparagraph regional, State, and local agencies concerned subsection (a) and inserting the following: (B), during the 270-day period described in with conducting reviews under the Coastal ‘‘(1) for grants under sections 306, 306A, and paragraph (1), the Secretary may stay the Zone Management Act of 1972 (16 U.S.C. 1451 309— closing of the decision record— et seq.); and ‘‘(A) $90,500,000 for fiscal year 2008, ‘‘(i) for a specific period mutually agreed (2) coordinated schedules for such reviews ‘‘(B) $94,000,000 for fiscal year 2009, to in writing by the appellant and the State that ensures that, where appropriate, the re- ‘‘(C) $98,000,000 for fiscal year 2010, agency; or views are performed concurrently.

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.064 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7371 By Mr. INOUYE (for himself, Mr. ‘‘(1) to preserve, sustain, and restore the ‘‘(g) CRITERIA FOR APPROVAL.—The Sec- STEVENS, and Ms. CANTWELL): condition of coral reef ecosystems; retary may not approve a project proposal S. 1580. A bill to reauthorize the ‘‘(2) to promote the wise management and under this section unless the project is con- Coral Reef Conservation Act of 2000, sustainable use of coral reef ecosystems to sistent with the coral reef action strategy benefit local communities, the Nation, and under section 203 and will enhance the con- and for other purposes; to the Com- the world; servation of coral reef ecosystems nationally mittee on Commerce, Science, and ‘‘(3) to develop sound scientific informa- or internationally by— Transportation. tion on the condition of coral reef eco- ‘‘(1) implementing coral conservation pro- Mr. President, I ask unanimous con- systems and the threats to such ecosystems; grams which promote sustainable develop- sent that the text of the bill be printed ‘‘(4) to assist in the preservation of coral ment and ensure effective, long-term con- in the RECORD. reef ecosystems by supporting conservation servation of coral reef ecosystems and bio- There being no objection, the text of programs, including projects that involve af- diversity; the bill was ordered to be printed in fected local communities and nongovern- ‘‘(2) addressing the conflicts arising from mental organizations; the use of environments near coral reef eco- the RECORD, as follows: ‘‘(5) to provide financial resources for those systems or from the use of corals, species as- S. 1580 programs and projects; sociated with coral reef ecosystems, and Be it enacted by the Senate and House of Rep- ‘‘(6) to establish a formal mechanism for coral products; resentatives of the United States of America in collecting and allocating monetary dona- ‘‘(3) enhancing compliance with laws that Congress assembled, tions from the private sector to be used for prohibit or regulate the taking of coral prod- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. coral reef conservation projects; and ucts or species associated with coral reef ‘‘(7) to provide mechanisms to prevent and ecosystems or regulate the use and manage- (a) SHORT TITLE.—This Act may be cited as the ‘‘Coral Reef Conservation Amendments minimize damage to coral reefs.’’. ment of coral reef ecosystems; Act of 2007’’. SEC. 4. NATIONAL CORAL REEF ACTION STRAT- ‘‘(4) developing sound scientific informa- EGY. tion on the condition of coral reef eco- (b) TABLE OF CONTENTS.—The table of con- Section 203(a) (16 U.S.C. 6402(a)) is amended tents for this Act is as follows: systems or the threats to such ecosystems to read as follows: and their biodiversity, including factors that Sec. 1. Short title; table of contents. ‘‘(a) IN GENERAL.—Not later than 180 days cause coral disease and bleaching; Sec. 2. Amendment of Coral Reef Conserva- after the date of the enactment of the Coral ‘‘(5) promoting and assisting the imple- tion Act of 2000. Reef Conservation Amendments Act of 2007, mentation of cooperative coral reef eco- Sec. 3. Findings and purposes. the Secretary shall submit to the Senate system conservation projects that involve af- Sec. 4. National coral reef action strategy. Committee on Commerce, Science, and fected local communities, nongovernmental Sec. 5. Coral reef conservation program. Transportation and to the House of Rep- organizations, or others in the private sec- Sec. 6. Coral reef conservation fund. resentatives Committee on Natural Re- tor; Sec. 7. Agreements. sources and publish in the Federal Register a ‘‘(6) increasing public knowledge and Sec. 8. Emergency assistance. national coral reef action strategy, con- awareness of coral reef ecosystems and Sec. 9. National program. sistent with the purposes of this title. The issues regarding their long-term conserva- Sec. 10. Community-based planning grants. Secretary shall periodically review and re- tion, including how they function to protect Sec. 11. Vessel grounding inventory. vise the strategy as necessary. In developing coastal communities; Sec. 12. Prohibited activities. this national strategy, the Secretary may ‘‘(7) mapping the location, distribution, Sec. 13. Destruction of coral reefs. consult the Coral Reef Task Force estab- and biodiversity of coral reef ecosystems; Sec. 14. Enforcement. lished under Executive Order 13089 (June 11, ‘‘(8) developing and implementing tech- Sec. 15. Permits. 1998).’’. niques to monitor and assess the status and Sec. 16. Regional, State, and Territorial co- SEC. 5. CORAL REEF CONSERVATION PROGRAM. condition of coral reef ecosystems and bio- ordination.. Section 204 (16 U.S.C. 6403) is amended— diversity; Sec. 17. Regulations. (1) by striking ‘‘Administrator’’ each place ‘‘(9) developing and implementing cost-ef- Sec. 18. Effectiveness report. it appears and inserting ‘‘Secretary’’; fective methods to restore degraded coral Sec. 19. Authorization of appropriations. (2) by striking subsection (a) and inserting reef ecosystems and biodiversity; Sec. 20. Judicial review. the following: ‘‘(10) responding to coral disease and ‘‘(a) GRANTS.—The Secretary, subject to Sec. 21. Definitions. bleaching events; the availability of funds, shall provide grants SEC. 2. AMENDMENT OF CORAL REEF CONSERVA- ‘‘(11) promoting activities designed to pre- of financial assistance for projects for the TION ACT OF 2000. vent or minimize damage to coral reef eco- conservation of coral reef ecosystems (here- Except as otherwise expressly provided, systems, including the promotion of eco- after in this title referred to as ‘coral con- whenever in this Act an amendment or re- logically sound navigation and anchorages; servation projects’), for proposals approved peal is expressed in terms of an amendment or by the Secretary in accordance with this sec- to or repeal of a section or other provision, ‘‘(12) promoting and assisting entities to tion.’’; the reference shall be considered to be made work with local communities, and all appro- (3) by striking subsection (c) and inserting to a section or other provision of the Coral priate governmental and nongovernmental the following: Reef Conservation Act of 2000 (16 U.S.C. 6401 organizations, to support community-based et seq.). ‘‘(c) ELIGIBILITY.—Any natural resource management authority of a State or other planning and management initiatives for the SEC. 3. FINDINGS AND PURPOSES. government authority with jurisdiction over protection of coral reef systems.’’; and Section 202 (16 U.S.C. 6401) is amended to coral reef ecosystems, or whose activities di- (7) by striking ‘‘coral reefs’’ in subsection read as follows: rectly or indirectly affect coral reef eco- (j) and inserting ‘‘coral reef ecosystems’’. ‘‘SEC. 202. FINDINGS AND PURPOSES. systems, or educational or nongovernmental SEC. 6. CORAL REEF CONSERVATION FUND. ‘‘(a) FINDINGS.—The Congress finds that— institutions with demonstrated expertise in Section 205 (16 U.S.C. 6404) is amended— ‘‘(1) coral reefs contain high biological di- the conservation of coral reef ecosystems, (1) by striking subsection (a) and inserting versity and serve important ecosystem func- may submit a coral conservation proposal to the following: tions; the Secretary under subsection (e).’’; ‘‘(a) FUND.—The Secretary may enter into ‘‘(2) coral reef ecosystems provide eco- (4) by striking ‘‘GEOGRAPHIC AND BIOLOGI- agreements with nonprofit organizations nomic and environmental benefits in the CAL’’ in the heading for subsection (d) and in- promoting coral reef ecosystem conservation form of food, jobs, natural products, and serting ‘‘PROJECT’’; by authorizing such organizations to receive, pharmaceuticals; (5) by striking paragraph (3) of subsection hold, and administer funds received pursuant ‘‘(3) coral reef ecosystems are the basis of (d) and inserting the following: to this section. Such organizations shall in- thriving commercial and recreational fishing ‘‘(3) Remaining funds shall be awarded vest, reinvest, and otherwise administer the and tourism industries; for— funds and maintain such funds and any in- ‘‘(4) a combination of stressors, including ‘‘(A) projects (with priority given to com- terest or revenues earned in a separate inter- climate change, has caused a rapid decline in munity-based local action strategies) that est-bearing account (referred to in section the health of many coral reef ecosystems address emerging priorities or threats, in- 218(a) as the ‘Fund’) established by such or- globally; cluding international and territorial prior- ganizations solely to support partnerships ‘‘(5) natural stressors on coral reef eco- ities, or threats identified by the Secretary; between the public and private sectors that systems are compounded by human impacts and further the purposes of this title and are con- including pollution, overfishing, and phys- ‘‘(B) other appropriate projects, as deter- sistent with the national coral reef action ical damage; and mined by the Secretary, including moni- strategy under section 203.’’; ‘‘(6) healthy coral reefs provide shoreline toring and assessment, research, pollution (2) by striking ‘‘Administrator’’ in sub- protection for coastal communities and re- reduction, education, and technical sup- section (c) and inserting ‘‘Secretary’’; sources. port.’’; (3) by striking ‘‘the grant program’’ in sub- ‘‘(b) PURPOSES.—The purposes of this Act (6) by striking subsection (g) and inserting section (c) and inserting ‘‘any grant pro- are— the following: gram’’; and

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(4) by striking ‘‘Administrator’’ in sub- ‘‘(2) enhancing public awareness, edu- ‘‘(b) TERMS AND CONDITIONS.—The provi- section (d) and inserting ‘‘Secretary’’. cation, understanding, and appreciation of sions of subsections (b), (d), (f), and (h) of SEC. 7. AGREEMENTS. coral reef ecosystems; section 204 apply to grants under subsection The Act (16 U.S.C. 6401 et seq.) is amended ‘‘(3) removing, and providing assistance to (a), except that, for the purpose of applying by redesignating sections 206 through 210 as States in removing, abandoned fishing gear, section 204(b)(1) to grants under this section, sections 207 through 211, respectively, and in- marine debris, and abandoned vessels from ‘75 percent’ shall be substituted for ‘50 per- serting after section 205 the following: coral reef ecosystems to conserve living ma- cent’.’’. ‘‘SEC. 206. AGREEMENTS. rine resources; SEC. 11. VESSEL GROUNDING INVENTORY. ‘‘(4) responding to incidents and events ‘‘(a) IN GENERAL.—The Secretary may exe- The Act (16 U.S.C. 6401 et seq.) is further cute and perform such contracts, leases, that threaten and damage coral reef eco- amended by redesignating sections 210 grants, or cooperative agreements as may be systems, including disease and bleaching; through 212, as redesignated, as sections 211 necessary to carry out the purposes of this ‘‘(5) conservation and management of coral through 213, and inserting after section 209, title. reef ecosystems; as added by section 10, the following: ‘‘(6) centrally archiving, managing, and ‘‘(b) USE OF OTHER AGENCIES’ RESOURCES.— ‘‘SEC. 210. VESSEL GROUNDING INVENTORY. For purposes related to the conservation, distributing data sets and providing coral ‘‘(a) IN GENERAL.—The Secretary may preservation, protection, restoration, or re- reef ecosystem assessments and services to maintain an inventory of all vessel ground- placement of coral reefs or coral reef eco- the general public. with local, regional, or ing incidents involving coral reefs, including systems and the enforcement of this title, international programs and partners; and a description of— the Secretary is authorized to use, with their ‘‘(7) activities designed to prevent or mini- ‘‘(1) the impacts to affected coral reef eco- consent and with or without reimbursement, mize damage to coral reef ecosystems, in- systems; the land, services, equipment, personnel, and cluding those activities described in section ‘‘(2) vessel and ownership information, if facilities of any Department, agency, or in- 211 of this title. available; strumentality of the United States, or of any ‘‘(c) DATA ARCHIVE, ACCESS, AND AVAIL- ‘‘(3) the estimated cost of removal, mitiga- State, local government, Indian tribal gov- ABILITY.—The Secretary, in coordination tion, or restoration; ernment, Territory or possession, or of any with similar efforts at other Departments ‘‘(4) the response action taken by the political subdivision thereof, or of any for- and agencies shall provide for the long-term owner, the Secretary, the Commandant of eign government or international organiza- stewardship of environmental data, products, the Coast Guard, or other Federal or State tion. and information via data processing, storage, agency representatives; and archive facilities pursuant to this title. ‘‘(c) AUTHORITY TO UTILIZE GRANT FUNDS.— ‘‘(5) the status of the response action, in- ‘‘(1) Except as provided in paragraph (2), The Secretary may— cluding the dates of vessel removal and miti- the Secretary may apply for, accept, and ob- ‘‘(1) archive environmental data collected gation or restoration and any actions taken ligate research grant funding from any Fed- by Federal, State, local agencies and tribal to prevent future grounding incidents; and eral source operating competitive grant pro- organizations and federally funded research; ‘‘(6) recommendations for additional navi- grams where such funding furthers the pur- ‘‘(2) promote widespread availability and gational aids or other mechanisms for pre- pose of this title. dissemination of environmental data and in- venting future grounding incidents. ‘‘(2) The Secretary may not apply for, ac- formation through full and open access and ‘‘(b) IDENTIFICATION OF AT-RISK REEFS.— cept, or obligate any grant funding under exchange to the greatest extent possible, in- The Secretary may— paragraph (1) for which the granting agency cluding in electronic format on the Internet; ‘‘(1) use information from any inventory lacks authority to grant funds to Federal ‘‘(3) develop standards, protocols and pro- maintained under subsection (a) or any other agencies, or for any purpose or subject to cedures for sharing Federal data with State available information source to identify conditions that are prohibited by law or reg- and local government programs and the pri- coral reef ecosystems that have a high inci- ulation. vate sector or academia; and dence of vessel impacts, including ‘‘(3) Appropriated funds may be used to ‘‘(4) develop metadata standards for coral groundings and anchor damage; satisfy a requirement to match grant funds reef ecosystems in accordance with Federal ‘‘(2) identify appropriate measures, includ- with recipient agency funds, except that no Geographic Data Committee guidelines. ing the acquisition and placement of aids to grant may be accepted that requires a com- ‘‘(d) EMERGENCY RESPONSE, STABILIZATION, navigation, moorings, fixed anchors and mitment in advance of appropriations. AND RESTORATION.—The Secretary shall es- other devices, to reduce the likelihood of ‘‘(4) Funds received from grants shall be tablish an account (to be called the Emer- such impacts; and deposited in the National Oceanic and At- gency Response, Stabilization, and Restora- ‘‘(3) develop a strategy and timetable to mospheric Administration account for the tion Account) in the Damage Assessment implement such measures, including cooper- purpose for which the grant was awarded.’’. Restoration Revolving Fund established by ative actions with other government agen- the Department of Commerce Appropriations SEC. 8. EMERGENCY ASSISTANCE. cies and non-governmental partners.’’. Act, 1991 (33 U.S.C. 2706 note), for implemen- SEC. 12. PROHIBITED ACTIVITIES. Section 207 (formerly 16 U.S.C. 6405), as re- tation of this subsection for emergency ac- designated, is amended to read as follows: The Act (16 U.S.C. 6401 et seq.) is amended tions. Amounts appropriated for the Account by further redesignating sections 211 through ‘‘SEC. 207. EMERGENCY ASSISTANCE. under section 218, and funds authorized by 213, as redesignated, as sections 217 through ‘‘The Secretary, in cooperation with the sections 212(d)(3)(B) and 213(f)(3)(B), shall be 220, and inserting after section 210 the fol- Federal Emergency Management Agency, as deposited into the Account and made avail- lowing: appropriate, may provide assistance to any able for use by the Secretary as specified in State, local, or territorial government agen- ‘‘SEC. 211. PROHIBITED ACTIVITIES AND SCOPE sections 212 and 213.’’. OF PROHIBITIONS. cy with jurisdiction over coral reef eco- SEC. 10. COMMUNITY-BASED PLANNING GRANTS. ‘‘(a) PROVISIONS AS COMPLEMENTARY.—The systems to address any unforeseen or dis- The Act (16 U.S.C. 6401 et seq.) is amended provisions of this section are in addition to, aster-related circumstance pertaining to by further redesignating sections 209 through and shall not affect the operation of, other coral reef ecosystems.’’. 211, as redesignated, as sections 210 through Federal, State, or local laws or regulations SEC. 9. NATIONAL PROGRAM. 212, respectively, and inserting after section providing protection to coral reef eco- Section 208 (formerly 16 U.S.C. 6406), as re- 208 the following: systems. designated, is amended to read as follows: ‘‘SEC. 209. COMMUNITY-BASED PLANNING ‘‘(b) DESTRUCTION, LOSS, TAKING, OR IN- ‘‘SEC. 208. NATIONAL PROGRAM. GRANTS. JURY.— ‘‘(a) IN GENERAL.—Subject to the avail- ‘‘(a) IN GENERAL.—The Secretary may ‘‘(1) IN GENERAL.—Except as provided in ability of appropriations, the Secretary may make grants to entities who have received paragraph (2), it is unlawful for any person conduct activities, including with local, re- grants under section 204 to provide addi- to destroy, take, cause the loss of, or injure gional, or international programs and part- tional funds to such entities to work with any coral reef or any component thereof. ners, as appropriate, to conserve coral reef local communities and through appropriate ‘‘(2) EXCEPTIONS.—The destruction, loss, ecosystems, that are consistent with this Federal and State entities to prepare and im- taking, or injury of a coral reef or any com- title, the National Marine Sanctuaries Act, plement plans for the increased protection of ponent thereof is not unlawful if it— the Coastal Zone Management Act of 1972, coral reef areas identified by the community ‘‘(A) was caused by the use of fishing gear the Magnuson-Stevens Fishery Conservation and scientific experts as high priorities for used in a manner permitted under the Mag- and Management Act, the Endangered Spe- focused attention. The plans shall— nuson-Stevens Fishery Conservation and cies Act of 1973, and the Marine Mammal ‘‘(1) support attainment of 1 or more of the Management Act (16 U.S.C. 1801 et seq.) or Protection Act of 1972. criteria described in section 204(g); other Federal or State law; ‘‘(b) AUTHORIZED ACTIVITIES.—Activities ‘‘(2) be developed at the community level; ‘‘(B) was caused by an activity that is au- authorized under subsection (a) include— ‘‘(3) utilize watershed-based approaches; thorized by Federal or State law (including ‘‘(1) mapping, monitoring, assessment, res- ‘‘(4) provide for coordination with Federal lawful discharges from vessels of graywater, toration, socioeconomic and scientific re- and State experts and managers; and cooling water, engine exhaust, ballast water, search that benefit the understanding, sus- ‘‘(5) build upon local approaches or models, or sewage from marine sanitation devices), tainable use, biodiversity, and long-term including traditional or island-based re- unless the destruction, loss, or injury re- conservation of coral reef ecosystems; source management concepts. sulted from actions such as vessel

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groundings, vessel scrapings, anchor damage, minent risk thereof, including damages re- ‘‘(d) USE OF RECOVERED AMOUNTS.—Any excavation not authorized by Federal or sulting from the response actions; costs, including response costs and damages State permit, or other similar activities; ‘‘(ii) costs of seizure, forfeiture, storage, recovered by the Secretary under this sec- ‘‘(C) was the necessary result of bona fide and disposal arising from liability under this tion shall— marine scientific research (including marine section; and ‘‘(1) be deposited into an account or ac- scientific research activities approved by ‘‘(iii) interest on that amount calculated in counts in the Damage Assessment Restora- Federal, State, or local permits), other than the manner described in section 1005 of the tion Revolving Fund established by the De- excessive sampling or collecting, or actions Oil Pollution Act of 1990 (33 U.S.C. 2705). partment of Commerce Appropriations Act, such as vessel groundings, vessel scrapings, ‘‘(B) The amount of liability shall con- 1991 (33 U.S.C. 2706 note), or the Natural Re- anchor damage, excavation, or other similar stitute a maritime lien on the vessel and source Damage Assessment and Restoration activities; may be recovered in an action in rem in any Fund established by the Department of the ‘‘(D) was caused by a Federal Government district court of the United States that has Interior and Related Agencies Appropria- agency— jurisdiction over the vessel. tions Act, 1992 (43 U.S.C. 1474b), as appro- ‘‘(i) during— ‘‘(3) DEFENSES.—A person or vessel is not priate given the location of the violation; ‘‘(I) an emergency that posed an unaccept- liable under this subsection if that person or ‘‘(2) be available for use by the Secretary able threat to human health or safety or to vessel establishes that the destruction, loss, without further appropriation and remain the marine environment; taking, or injury was caused solely by an act available until expended; and ‘‘(II) an emergency that posed a threat to of God, an act of war, or an act or omission ‘‘(3) be for use, as the Secretary considers national security; or of a third party (other than an employee or appropriate— ‘‘(III) an activity necessary for law en- agent of the defendant or one whose act or ‘‘(A) to reimburse the Secretary or any forcement or search and rescue; and omission occurs in connection with a con- other Federal or State agency that con- could not reasonably be avoided; or tractual relationship, existing directly or in- ducted activities under subsection (a) or (b) ‘‘(E) was caused by an action taken to en- directly with the defendant), and the person of this section for costs incurred in con- sure the safety of the vessel or the lives of or master of the vessel acted with due care. ducting the activity; passengers or crew. ‘‘(4) NO LIMIT TO LIABILITY.—Nothing in ‘‘(B) to be transferred to the Emergency ‘‘(c) INTERFERENCE WITH ENFORCEMENT.—It sections 30501 through 30512 or section 30706 Response, Stabilization and Restoration Ac- is unlawful for any person to interfere with of title 46, United States Code, shall limit li- count established under section 208(d) to re- the enforcement of this title by— ability to any person under this title. imburse that account for amounts used for ‘‘(1) refusing to permit any officer author- ‘‘(b) RESPONSE ACTIONS AND DAMAGE AS- authorized emergency actions; and ized to enforce this title to board a vessel SESSMENT.— ‘‘(C) after reimbursement of such costs, to (other than a vessel operated by the Depart- ‘‘(1) RESPONSE ACTIONS.—The Secretary restore, replace, or acquire the equivalent of ment of Defense or United States Coast may undertake or authorize all necessary ac- any coral reefs, or components thereof, in- Guard) subject to such person’s control for tions to prevent or minimize the destruction, cluding the reasonable costs of monitoring, the purposes of conducting any search or in- loss, or taking of, or injury to, coral reefs, or or to minimize or prevent threats of equiva- spection in connection with the enforcement components thereof, or to minimize the risk lent injury to, or destruction of coral reefs, of this title; or imminent risk of such destruction, loss, or components thereof. ‘‘(2) resisting, opposing, impeding, intimi- or injury. ‘‘(e) STATUTE OF LIMITATIONS.—An action dating, harassing, bribing, interfering with, ‘‘(2) DAMAGE ASSESSMENT.— for response costs or damages under sub- or forcibly assaulting any person authorized ‘‘(A) The Secretary shall assess damages section (c) shall be barred unless the com- by the Secretary to implement this title or (as defined in section 220(8)) to coral reefs plaint is filed within 3 years after the date any such authorized officer in the conduct of and shall consult with State officials regard- on which the Secretary completes a damage any search or inspection performed under ing response and damage assessment actions assessment and restoration plan for the coral this title; or undertaken for coral reefs within State wa- reefs, or components thereof, to which the ‘‘(3) submitting false information to the ters. action relates. If the Secretary fails to com- Secretary or any officer authorized to en- ‘‘(B) There shall be no double recovery plete such damage assessment and restora- force this title in connection with any search under this chapter for coral reef damages, in- tion plan within one year after discovery of or inspection conducted under this title. cluding the cost of damage assessment, for the damage, then for the purposes of this ‘‘(d) VIOLATIONS OF TITLE, PERMIT, OR REG- the same incident. subsection such assessment and plan shall be ULATION.—It is unlawful for any person to ‘‘(c) COMMENCEMENT OF CIVIL ACTION FOR deemed to have been completed by the Sec- violate any provision of this title, any per- retary on the 366th day following discovery mit issued pursuant to this title, or any reg- RESPONSE COSTS AND DAMAGES.— of the damage. ulation promulgated pursuant to this title. ‘‘(1) COMMENCEMENT.—The Attorney Gen- ‘‘(f) FEDERAL GOVERNMENT ACTIVITIES.—In ‘‘(e) POSSESSION AND DISTRIBUTION.—It is eral, upon the request of the Secretary, may the event of threatened or actual destruction unlawful for any person to possess, sell, de- commence a civil action against any person liver, carry, transport, or ship by any means or vessel that may be liable under subsection of, loss of, or injury to a coral reef or compo- any coral taken in violation of this title.’’. (a) of this section for response costs, seizure, nent thereof resulting from an incident caused by a component of any Department or SEC. 13. DESTRUCTION OF CORAL REEFS. forfeiture, storage, or disposal costs, and agency of the United States Government, the The Act (16 U.S.C. 6401 et seq.) is further damages, and interest on that amount cal- amended by inserting after section 211, as culated in the manner described in section cognizant Department or agency shall sat- added by section 12, the following: 1005 of the Oil Pollution Act of 1990 (33 U.S.C. isfy its obligations under this section by promptly, in coordination with the Sec- ‘‘SEC. 212. DESTRUCTION, LOSS, OR TAKING OF, 2705). The Secretary, acting as trustee for OR INJURY TO, CORAL REEFS. coral reefs for the United States, shall sub- retary, taking appropriate actions to re- ‘‘(a) LIABILITY.— mit a request for such an action to the At- spond to and mitigate the harm and restor- ‘‘(1) LIABILITY TO THE UNITED STATES.—Ex- torney General whenever a person may be ing or replacing the coral reef or components cept as provided in subsection (f), all persons liable for such costs or damages. thereof and reimbursing the Secretary for all who engage in an activity that is prohibited ‘‘(2) VENUE IN CIVIL ACTIONS.—A civil action assessment costs.’’. under subsections (a) or (c) of section 211, or under this title may be brought in the SEC. 14. ENFORCEMENT. create an imminent risk thereof, are liable, United States district court for any district The Act (16 U.S.C. 6401 et seq.) is further jointly and severally, to the United States in which— amended by inserting after section 212, as for an amount equal to the sum of— ‘‘(A) the defendant is located, resides, or is added by section 13, the following: ‘‘(A) response costs and damages resulting doing business, in the case of an action ‘‘SEC. 213. ENFORCEMENT. from the destruction, loss, taking, or injury, against a person; ‘‘(a) IN GENERAL.—The Secretary shall con- or imminent risk thereof, including damages ‘‘(B) the vessel is located, in the case of an duct enforcement activities to carry out this resulting from the response actions; action against a vessel; title. ‘‘(B) costs of seizure, forfeiture, storage, ‘‘(C) the destruction, loss, or taking of, or ‘‘(b) POWERS OF AUTHORIZED OFFICERS.— and disposal arising from liability under this injury to a coral reef, or component thereof, Any person who is authorized to enforce this section; and occurred or in which there is an imminent title may— ‘‘(C) interest on that amount calculated in risk of such destruction, loss, or injury; or ‘‘(1) board, search, inspect, and seize any the manner described in section 1005 of the ‘‘(D) where some or all of the coral reef or vessel or other conveyance suspected of Oil Pollution Act of 1990 (33 U.S.C. 2705). component thereof that is the subject of the being used to violate this title, any regula- ‘‘(2) LIABILITY IN REM.— action is not within the territory covered by tion promulgated under this title, or any ‘‘(A) Any vessel used in an activity that is any United States district court, such action permit issued under this title, and any equip- prohibited under subsection (a) or (c) of sec- may be brought either in the United States ment, stores, and cargo of such vessel; tion 211, or creates an imminent risk thereof, district court for the district closest to the ‘‘(2) seize wherever found any component of shall be liable in rem to the United States location where the destruction, loss, injury, coral reef taken or retained in violation of for an amount equal to the sum of— or risk of injury occurred, or in the United this title, any regulation promulgated under ‘‘(i) response costs and damages resulting States District Court for the District of Co- this title, or any permit issued under this from such destruction, loss, or injury, or im- lumbia. title;

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‘‘(3) seize any evidence of a violation of ‘‘(6) COLLECTION OF PENALTIES.—If any per- equipment, stores, catch and cargo), vehicle, this title, any regulation promulgated under son fails to pay an assessment of a civil pen- aircraft, or other means of transportation. this title, or any permit issued under this alty under this section after it has become a ‘‘(3) APPLICATION OF THE CUSTOMS LAWS.— title; final and unappealable order, or after the ap- All provisions of law relating to seizure, ‘‘(4) execute any warrant or other process propriate court has entered final judgment summary judgment, and judicial forfeiture issued by any court of competent jurisdic- in favor of the Secretary, the Secretary shall and condemnation for violation of the cus- tion; refer the matter to the Attorney General, toms laws, the disposition of the property ‘‘(5) exercise any other lawful authority; who shall recover the amount assessed in forfeited or condemned or the proceeds from and any appropriate district court of the United the sale thereof, the remission or mitigation ‘‘(6) arrest any person, if there is reason- States (plus interest at current prevailing of such forfeitures, and the compromise of able cause to believe that such person has rates from the date of the final order). In claims shall apply to seizures and forfeitures committed an act prohibited by section 211. such action, the validity and appropriateness incurred, or alleged to have been incurred, under the provisions of this title, insofar as ‘‘(c) CIVIL ENFORCEMENT AND PERMIT SANC- of the final order imposing the civil penalty applicable and not inconsistent with the pro- TIONS.— shall not be subject to review. Any person visions hereof. For seizures and forfeitures of ‘‘(1) CIVIL ADMINISTRATIVE PENALTY.—Any who fails to pay, on a timely basis, the person subject to the jurisdiction of the amount of an assessment of a civil penalty property under this section by the Secretary, such duties as are imposed upon the customs United States who violates this title or any shall be required to pay, in addition to such officer or any other person with respect to regulation promulgated or permit issued amount and interest, attorney’s fees and the seizure and forfeiture of property under hereunder, shall be liable to the United costs for collection proceedings and a quar- the customs law may be performed by such States for a civil administrative penalty of terly nonpayment penalty for each quarter officers as are designated by the Secretary not more than $200,000 for each such viola- during which such failure to pay persists. or, upon request of the Secretary, by any tion, to be assessed by the Secretary. Each Such nonpayment penalty shall be in an other agency that has authority to manage day of a continuing violation shall con- amount equal to 20 percent of the aggregate and dispose of seized property. stitute a separate violation. In determining amount of such person’s penalties and non- ‘‘(4) PRESUMPTION.—For the purposes of the amount of civil administrative penalty, payment penalties that are unpaid as of the beginning of such quarter. this section there is a rebuttable presump- the Secretary shall take into account the na- tion that all coral reefs, or components ture, circumstances, extent, and gravity of ‘‘(7) COMPROMISE OR OTHER ACTION BY SEC- RETARY.—The Secretary may compromise, thereof, found on board a vessel that is used the prohibited acts committed and, with re- or seized in connection with a violation of spect to the violator, the degree of culpa- modify, or remit, with or without conditions, any civil administrative penalty or permit this title or of any regulation promulgated bility, and any history of prior violations, under this title were taken, obtained, or re- and such other matters as justice may re- sanction which is or may be imposed under this section and that has not been referred to tained in violation of this title or of a regu- quire. In assessing such penalty, the Sec- lation promulgated under this title. retary may also consider information related the Attorney General for further enforce- ment action. ‘‘(e) PAYMENT OF STORAGE, CARE, AND to the ability of the violator to pay. OTHER COSTS.—Any person assessed a civil ‘‘(8) JURISIDICTION.—The several district ‘‘(2) PERMIT SANCTIONS.—For any person penalty for a violation of this title or of any courts of the United States shall have juris- subject to the jurisdiction of the United regulation promulgated under this title and diction over any actions brought by the States who has been issued or has applied for any claimant in a forfeiture action brought United States arising under this section. For a permit under this title, and who violates for such a violation, shall be liable for the this title or any regulation or permit issued the purpose of this section, American Samoa reasonable costs incurred by the Secretary under this title, the Secretary may deny, shall be included within the judicial district in storage, care, and maintenance of any suspend, amend, or revoke in whole or in of the District Court of the United States for property seized in connection with the viola- part any such permit. For any person who the District of Hawaii. Each violation shall tion. has failed to pay or defaulted on a payment be a separate offense and the offense shall be ‘‘(f) EXPENDITURES.— agreement of any civil penalty or criminal deemed to have been committed not only in ‘‘(1) Notwithstanding section 3302 of title fine or liability assessed pursuant to any the district where the violation first oc- 31, United States Code, or section 311 of the natural resource law administered by the curred, but also in any other district as au- Magnuson-Stevens Fishery Conservation and Secretary, the Secretary may deny, suspend, thorized by law. Management Act (16 U.S.C. 1861), amounts amend or revoke in whole or in part any per- ‘‘(d) FORFEITURE.— received by the United States as civil pen- mit issued or applied for under this title. ‘‘(1) CRIMINAL FORFEITURE.—A person who alties under subsection (c) of this section, ‘‘(3) IMPOSITION OF CIVIL JUDICIAL PEN- is convicted of an offense in violation of this forfeitures of property under subsection (d) ALTIES.—Any person who violates any provi- title shall forfeit to the United States— of this section, and costs imposed under sub- sion of this title, any regulation promul- ‘‘(A) any property, real or personal, consti- section (e) of this section, shall— gated or permit issued thereunder, shall be tuting or traceable to the gross proceeds ‘‘(A) be placed into an account; subject to a civil judicial penalty not to ex- taken, obtained, or retained, in connection ‘‘(B) be available for use by the Secretary ceed $250,000 for each such violation. Each with or as a result of the offense, including, without further appropriation; and day of a continuing violation shall con- without limitation, any coral reef or coral ‘‘(C) remain available until expended. stitute a separate violation. The Attorney reef component (or the fair market value ‘‘(2) Amounts received under this section General, upon the request of the Secretary, thereof); and for forfeitures under subsection (d) and costs may commence a civil action in an appro- ‘‘(B) any property, real or personal, used or imposed under subsection (e) shall be used to priate district court of the United States, intended to be used, in any manner, to com- pay the reasonable and necessary costs in- and such court shall have jurisdiction to mit or facilitate the commission of the of- curred by the Secretary to provide tem- award civil penalties and such other relief as fense, including, without limitation, any ves- porary storage, care, maintenance, and dis- justice may require. In determining the sel (including the vessel’s equipment, stores, posal of any property seized in connection amount of a civil penalty, the court shall catch and cargo), vehicle, aircraft, or other with a violation of this title or any regula- take into account the nature, circumstances, means of transportation. tion promulgated under this title. extent, and gravity of the prohibited acts Pursuant to section 2461(c) of title 28, United ‘‘(3) Amounts received under this section committed and, with respect to the violator, States Code, the provisions of section 413 of as civil penalties under subsection (c) of this the degree of culpability, any history of the Controlled Substances Act (21 U.S.C. 853) section and any amounts remaining after the prior violations, and such other matters as other than subsection (d) thereof shall apply operation of paragraph (2) of this subsection justice may require. In imposing such pen- to criminal forfeitures under this section. shall— alty, the district court may also consider in- ‘‘(2) CIVIL FORFEITURE.—The property set ‘‘(A) be used to stabilize, restore, or other- formation related to the ability of the viola- forth below shall be forfeited to the United wise manage the coral reef with respect to tor to pay. States in accordance with the provisions of which the violation occurred that resulted in ‘‘(4) NOTICE.—No penalty or permit sanc- chapter 46 of title 18, United States Code, the penalty or forfeiture; tion shall be assessed under this subsection and no property right shall exist in it: ‘‘(B) be transferred to the Emergency Re- until after the person charged has been given ‘‘(A) Any property, real or personal, consti- sponse, Stabilization, and Restoration Ac- notice and an opportunity for a hearing. tuting or traceable to the gross proceeds count established under section 208(d) or an ‘‘(5) IN REM JURISDICTION.—A vessel used in taken, obtained, or retained, in connection account described in section 212(d)(1) of this violating this title, any regulation promul- with or as a result of a violation of this title, title, to reimburse such account for amounts gated under this title, or any permit issued including, without limitation, any coral reef used for authorized emergency actions; under this title, shall be liable in rem for or coral reef component (or the fair market ‘‘(C) be used to conduct monitoring and en- any civil penalty assessed for such violation. value thereof). forcement activities; Such penalty shall constitute a maritime ‘‘(B) Any property, real or personal, used ‘‘(D) be used to conduct research on tech- lien on the vessel and may be recovered in an or intended to be used, in any manner, to niques to stabilize and restore coral reefs; action in rem in the district court of the commit or facilitate the commission of a ‘‘(E) be used to conduct activities that pre- United States having jurisdiction over the violation of this title, including, without vent or reduce the likelihood of future dam- vessel. limitation, any vessel (including the vessel’s age to coral reefs;

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.076 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7375 ‘‘(F) be used to stabilize, restore or other- forceability of this title includes the inter- Secretary as a direct result of the conduct of wise manage any other coral reef; or nal waters of the United States, the terri- the activity for which the permit is issued, ‘‘(G) be used to pay a reward to any person torial sea of the United States, as described including costs of monitoring the conduct of who furnishes information leading to an as- in Presidential Proclamation 5928 of Decem- the activity and educating the public about sessment of a civil penalty, or to a forfeiture ber 27, 1988, the Exclusive Economic Zone of the activity and coral reef resources related of property, for a violation of this title or the United States as described in Presi- to the activity. any regulation promulgated under this title. dential Proclamation 5030 of March 10, 1983, ‘‘(3) USE OF FEES.—Amounts collected by ‘‘(g) CRIMINAL ENFORCEMENT.— and the continental shelf, consistent with the Secretary in the form of fees under this ‘‘(1) Any person (other than a foreign gov- international law. section shall be collected and available for ernment or any entity of such government) ‘‘(l) NATIONWIDE SERVICE OF PROCESS.—In use only to the extent provided in advance in who knowingly commits any act prohibited any action by the United States under this appropriations Acts and may be used by the by section 211(b) of this title shall be impris- title, process may be served in any district Secretary for issuing and administering per- oned for not more than 5 years and shall be where the defendant is found, resides, trans- mits under this section. fined not more than $500,000 for individuals acts business, or has appointed an agent for ‘‘(4) WAIVER OR REDUCTION OF FEES.—For or $1,000,000 for an organization; except that the service of process, and for civil cases any fee assessed under paragraph (2) of this if in the commission of any such offense the may also be served in a place not within the subsection, the Secretary may— individual uses a dangerous weapon, engages United States in accordance with rule 4 of ‘‘(A) accept in-kind contributions in lieu of in conduct that causes bodily injury to any the Federal Rules of Civil Procedure. a fee; or officer authorized to enforce the provisions ‘‘(m) VENUE IN CIVIL ACTIONS.—A civil ac- ‘‘(B) waive or reduce the fee. of this title, or places any such officer in fear tion under this title may be brought in the ‘‘(e) FISHING.—Nothing in this section shall of imminent bodily injury, the maximum United States district court for any district be considered to require a person to obtain a term of imprisonment is not more than 10 in which— permit under this section for the conduct of years. ‘‘(1) the defendant is located, resides, or is any fishing activities not prohibited by this ‘‘(2) Any person (other than a foreign gov- doing business, in the case of an action title or regulations issued thereunder.’’. ernment or any entity of such government) against a person; SEC. 16. REGIONAL, STATE, AND TERRITORIAL who knowingly violates subsection (a) or (c) ‘‘(2) the vessel is located, in the case of an COORDINATION.. of section 211 shall be fined under title 18, action against a vessel; The Act (16 U.S.C. 6401 et seq.) is further United States Code, or imprisoned not more ‘‘(3) the destruction of, loss of, or injury to amended by inserting after section 214, as than 5 years or both. a coral reef, or component thereof, occurred added by section 15, the following: ‘‘(3) The several district courts of the or in which there is an imminent risk of such ‘‘SEC. 215. REGIONAL, STATE, AND TERRITORIAL United States shall have jurisdiction over destruction, loss, or injury; or COORDINATION. any actions brought by the United States ‘‘(4) where some or all of the coral reef or ‘‘(a) REGIONAL COORDINATION.—The Sec- arising under this subsection. For the pur- component thereof that is the subject of the retary shall work in coordination and col- pose of this subsection, American Samoa action is not within the territory covered by laboration with other Federal agencies, shall be included within the judicial district any United States district court, such action States, and United States territorial govern- of the District Court of the United States for may be brought either in the United States ments to implement the strategies developed the District of Hawaii. Each violation shall district court for the district closest to the under section 203, including regional and be a separate offense and the offense shall be location where the destruction, loss, injury, local strategies, to address multiple threats deemed to have been committed not only in or risk of injury occurred, or in the United to coral reefs and coral reef ecosystems such the district where the violation first oc- States District Court for the District of Co- as coastal runoff, vessel impacts, and over- curred, but also in any other district as au- lumbia.’’. harvesting. thorized by law. Any offenses not committed SEC. 15. PERMITS. ‘‘(b) RESPONSE AND RESTORATION ACTIVI- in any district are subject to the venue pro- The Act (16 U.S.C. 6401 et seq.) is further TIES.—The Secretary shall, when appro- visions of section 3238 of title 18, United amended by inserting after section 213, as priate, enter into a written agreement with States Code. added by section 14, the following: any affected State regarding the manner in ‘‘(h) SUBPENAS.—In the case of any inves- which response and restoration activities ‘‘SEC. 214. PERMITS. tigation or hearing under this section or any will be conducted within the affected State’s ‘‘(a) IN GENERAL.—The Secretary may other natural resource statute administered waters. allow for the conduct of— by the National Oceanic and Atmospheric ‘‘(c) COOPERATIVE ENFORCEMENT AGREE- ‘‘(1) bona fide research, and Administration which is determined on the MENTS.—All cooperative enforcement agree- record in accordance with the procedures ‘‘(2) activities that would otherwise be pro- ments in place between the Secretary and provided for under section 554 of title 5, hibited by this title or regulations issued States affected by this title shall be updated United States Code, the Secretary may issue thereunder, to include enforcement of this title where subpenas for the attendance and testimony through issuance of coral reef conservation appropriate.’’. of witnesses and the production of relevant permits in accordance with regulations issued under this title. SEC. 17. REGULATIONS. papers, books, electronic files, and docu- The Act (16 U.S.C. 6401 et seq.) is further ‘‘(b) LIMITATION OF NON-RESEARCH ACTIVI- ments, and may administer oaths. amended by inserting after section 215, as TIES.—The Secretary may not issue a permit ‘‘(i) COAST GUARD AUTHORITY NOT LIM- added by section 16, the following: ITED.—Nothing in this section shall be con- for activities other than for bona fide re- ‘‘SEC. 216. REGULATIONS. sidered to limit the authority of the Coast search unless the Secretary finds— ‘‘The Secretary may issue such regulations Guard to enforce this or any other Federal ‘‘(1) the activity proposed to be conducted as are necessary and appropriate to carry law under section 89 of title 14, United States is compatible with one or more of the pur- out the purposes of this title. This title and Code. poses in section 202(b) of this title; ‘‘(j) INJUNCTIVE RELIEF.— ‘‘(2) the activity conforms to the provi- any regulations promulgated under this title ‘‘(1) If the Secretary determines that there sions of all other laws and regulations appli- shall be applied in accordance with inter- is an imminent risk of destruction or loss of cable to the area for which such permit is to national law. No restrictions shall apply to or injury to a coral reef, or that there has be issued; and or be enforced against a person who is not a been actual destruction or loss of, or injury ‘‘(3) there is no practicable alternative to citizen, national, or resident alien of the to, a coral reef which may give rise to liabil- conducting the activity in a manner that de- United States (including foreign flag vessels) ity under section 212 of this title, the Attor- stroys, causes the loss of, or injures any unless in accordance with international ney General, upon request of the Secretary, coral reef or any component thereof. law.’’. shall seek to obtain such relief as may be ‘‘(c) TERMS AND CONDITIONS.—The Sec- SEC. 18. EFFECTIVENESS REPORT. necessary to abate such risk or actual de- retary may place any terms and conditions Section 217 (formerly 16 U.S.C. 6407), as re- struction, loss, or injury, or to restore or re- on a permit issued under this section that designated, is amended to read as follows: place the coral reef, or both. The district the Secretary deems reasonable. ‘‘SEC. 217. EFFECTIVENESS REPORT. courts of the Unites States shall have juris- ‘‘(d) FEES.— ‘‘Not later than March 1, 2009, and every 3 diction in such a case to order such relief as ‘‘(1) ASSESSMENT AND COLLECTION.—Subject years thereafter, the Secretary shall submit the public interest and the equities of the to regulations issued under this title, the to the Committee on Commerce, Science, case may require. Secretary may assess and collect fees as and Transportation of the Senate and the ‘‘(2) Upon the request of the Secretary, the specified in this subsection. Committee on Resources of the House of Attorney General may seek to enjoin any ‘‘(2) AMOUNT.—Any fee assessed shall be Representatives a report describing all ac- person who is alleged to be in violation of equal to the sum of— tivities undertaken to implement the strat- any provision of this title, or any regulation ‘‘(A) all costs incurred, or expected to be egy, including— or permit issued under this title, and the dis- incurred, by the Secretary in processing the ‘‘(1) a description of the funds obligated by trict courts shall have jurisdiction to grant permit application, including indirect costs; each participating Federal agency to ad- such relief. and vance coral reef conservation during each of ‘‘(k) AREA OF APPLICATION AND ENFORCE- ‘‘(B) if the permit is approved, all costs in- the 3 fiscal years next preceding the fiscal ABILITY.—The area of application and en- curred, or expected to be incurred, by the year in which the report is submitted;

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.076 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7376 CONGRESSIONAL RECORD — SENATE June 7, 2007 ‘‘(2) a description of Federal interagency SEC. 21. DEFINITIONS. ‘‘(D) the reasonable cost of monitoring ap- and cooperative efforts with States and Section 220 (formerly 16 U.S.C. 6409), as re- propriate to the injured, restored, or re- United States territories to prevent or ad- designated, is amended to read as follows: placed resources; dress overharvesting, coastal runoff, or other ‘‘(E) the reasonable cost of curation, con- anthropogenic impacts on coral reefs, includ- ‘‘SEC. 220. DEFINITIONS. servation and loss of contextual information ing projects undertaken with the Depart- ‘‘In this title: of any coral encrusted archaeological, his- ment of Interior, Department of Agriculture, ‘‘(1) BIODIVERSITY.—The term ‘biodiversity’ torical, and cultural resource; the Environmental Protection Agency, and means the variability among living orga- ‘‘(F) the cost of legal actions under section the United States Army Corps of Engineers; nisms from all sources including, inter alia, 212, undertaken by the United States, associ- ‘‘(3) a summary of the information con- terrestrial, marine, and other aquatic eco- ated with the destruction or loss of, or injury tained in the vessel grounding inventory es- systems and the ecological complexes of to, a coral reef or component thereof, includ- tablished under section 210, including addi- which they are part, including diversity ing the costs of attorney time and expert tional authorization or funding, needed for within species, between species, and of eco- witness fees; and response and removal of such vessels;’’ systems. ‘‘(G) the indirect costs associated with the ‘‘(4) a description of Federal disaster re- ‘‘(2) CONSERVATION.—The term ‘conserva- costs listed in subparagraphs (A) through (F) sponse actions taken pursuant to the Na- tion’ means the use of methods and proce- of this paragraph. tional Response Plan to address damage to dures necessary to preserve or sustain corals ‘‘(9) EMERGENCY ACTIONS.—The term ‘emer- coral reefs and coral reef ecosystems; and and associated species and habitat as resil- gency actions’ means all necessary actions ‘‘(5) an assessment of the condition of ient, diverse, viable, and self-perpetuating to prevent or minimize the additional de- United States coral reefs, accomplishments coral reef ecosystems, including all activi- struction or loss of, or injury to, coral reefs under this Act, and the effectiveness of man- ties associated with resource management or components thereof, or to minimize the agement actions to address threats to coral (such as assessment, conservation, protec- risk of such additional destruction, loss, or reefs.’’. tion, restoration, sustainable use, and man- injury. SEC. 19. AUTHORIZATION OF APPROPRIATIONS. agement of habitat, mapping, habitat moni- ‘‘(10) EXCLUSIVE ECONOMIC ZONE.—The term Section 218 (formerly 16 U.S.C. 6408), as re- toring, assistance in the development of ‘Exclusive Economic Zone’ means the waters designated, is amended— management strategies for marine protected of the Exclusive Economic Zone of the (1) by striking ‘‘$16,000,000 for each of fiscal areas and marine resources consistent with United States under Presidential Proclama- years 2001, 2002, 2003, and 2004,’’ in subsection the National Marine Sanctuaries Act (16 tion 5030, dated March 10, 1983. (a) and inserting ‘‘$34,000,000 for fiscal year U.S.C. 1431 et seq.) and the Magnuson-Ste- ‘‘(11) PERSON.—The term ‘person’ means 2008, $36,000,000 for fiscal year 2009, $38,000,000 vens Fishery Conservation and Management any individual, private or public corporation, for fiscal year 2010, and $40,000,000 for each of Act (16 U.S.C. 1801 et seq.), law enforcement, partnership, trust, institution, association, fiscal years 2011 through 2014, of which no conflict resolution initiatives, and commu- or any other public or private entity, wheth- less than 30 percent per year (for each of fis- nity outreach and education) that promote er foreign or domestic, private person or en- cal years 2008 through 2014) shall be used for safe and ecologically sound navigation. tity, or any officer, employee, agent, Depart- the grant program under section 204 and up ‘‘(3) CORAL.—The term ‘coral’ means spe- ment, agency, or instrumentality of the Fed- to 10 percent per year shall be used for the cies of the phylum Cnidaria, including— eral Government, of any State or local unit Fund established under section 205(a),’’; ‘‘(A) all species of the orders Antipatharia of government, or of any foreign govern- (2) by striking ‘‘$1,000,000’’ in subsection (b) (black corals), Scleractinia (stony corals), ment. and inserting ‘‘$2,000,000’’; Gorgonacea (horny corals), Stolonifera ‘‘(12) RESPONSE COSTS.—The term ‘response (3) by striking subsection (c) and inserting (organpipe corals and others), Alcyonacea costs’ means the costs of actions taken or the following: (soft corals), and Helioporacea (blue coral) of authorized by the Secretary to minimize de- ‘‘(c) COMMUNITY-BASED PLANNING the class Anthozoa; and struction or loss of, or injury to, a coral reef, GRANTS.—There is authorized to be appro- ‘‘(B) all species of the families Milleporidea or component thereof, or to minimize the priated to the Secretary to carry out section (fire corals) and Stylasteridae (stylasterid imminent risks of such destruction, loss, or 209 the sum of $8,000,000 for fiscal years 2007 hydrocorals) of the class Hydrozoa. injury, including costs related to seizure, through 2012, such sum to remain available ‘‘(4) CORAL REEF.—The term ‘coral reef’ forfeiture, storage, or disposal arising from until expended.’’; and means limestone structures composed in liability under section 212. (4) by striking subsection (d). whole or in part of living corals, as described ‘‘(13) SECRETARY.—The term ‘Secretary’ SEC. 20. JUDICIAL REVIEW. in paragraph (3), their skeletal remains, or means— The Act (16 U.S.C. 6401 et seq.) is further both, and including other corals, associated ‘‘(A) for purposes of sections 201 through amended by inserting after section 218, as sessile invertebrates and plants, and any ad- 210, sections 217 through 219, and the other amended by section 19, the following: jacent or associated seagrasses. paragraphs of this section, the Secretary of ‘‘SEC. 219. JUDICIAL REVIEW. ‘‘(5) CORAL REEF COMPONENT.—The term Commerce, acting through the Adminis- ‘‘(a) IN GENERAL.—Judicial review of any ‘coral reef component’ means any part of a trator of the National Oceanic and Atmos- action taken by the Secretary under this coral reef, including individual living or dead pheric Administration; and title shall be in accordance with sections 701 corals, associated sessile invertebrates and ‘‘(B) for purposes of sections 211 through through 706 of title 5, United States Code, ex- plants, and any adjacent or associated 219— cept that— seagrasses. ‘‘(i) the Secretary of the Interior for any ‘‘(1) review of any final agency action of ‘‘(6) CORAL REEF ECOSYSTEM.—The term coral reef or component thereof located in (I) the Secretary taken pursuant to sections ‘coral reef ecosystem’ means the system of 211(c)(1) and 211(c)(2) may be had only by the coral reefs and geographically associated the National Wildlife Refuge System, (II) the filing of a complaint by an interested person species, habitats, and environment, includ- National Park System, and (III) the waters in the United States District Court for the ing mangroves and seagrass habitats, and surrounding Wake Island under the jurisdic- appropriate district within 30 days after the the processes that control its dynamics. tion of the Secretary of the Interior, as set date such final agency action is taken; and ‘‘(7) CORAL PRODUCTS.—The term ‘coral forth in Executive Order 11048 (27 Fed. Reg. ‘‘(2) review of all other final agency actions products’ means any living or dead speci- 8851 (September 4, 1962)); or of the Secretary under this title may be had mens, parts, or derivatives, or any product ‘‘(ii) the Secretary of Commerce for any only by the filing of a petition for review by containing specimens, parts, or derivatives, coral reef or component thereof located in an interested person in the Circuit Court of of any species referred to in paragraph (3). any area not described in clause (i). Appeals of the United States for the Federal ‘‘(8) DAMAGES.—The term ‘damages’ in- ‘‘(14) SERVICE.—The term ‘service’ means judicial district in which such person resides cludes— functions, ecological or otherwise, performed or transacts business which is directly af- ‘‘(A) compensation for— by a coral reef or component thereof. fected by the action taken within 120 days ‘‘(i) the cost of replacing, restoring, or ac- ‘‘(15) STATE.—The term ‘State’ means any after the date such final agency action is quiring the equivalent of the coral reef, or State of the United States that contains a taken. component thereof; and coral reef ecosystem within its seaward ‘‘(b) NO REVIEW IN ENFORCEMENT PRO- ‘‘(ii) the lost services of, or the value of the boundaries, American Samoa, Guam, the CEEDINGS.—Final agency action with respect lost use of, the coral reef or component Northern Mariana Islands, Puerto Rico, and to which review could have been obtained thereof, or the cost of activities to minimize the Virgin Islands, and any other territory under subsection (a)(2) shall not be subject or prevent threats of, equivalent injury to, or possession of the United States, or sepa- to judicial review in any civil or criminal or destruction of coral reefs or components rate sovereign in free association with the proceeding for enforcement. thereof, pending restoration or replacement United States, that contains a coral reef eco- ‘‘(c) COST OF LITIGATION.—In any judicial or the acquisition of an equivalent coral reef system within its seaward boundaries. proceeding under subsection (a), the court or component thereof; ‘‘(16) TERRITORIAL SEA.—The term ‘Terri- may award costs of litigation (including rea- ‘‘(B) the reasonable cost of damage assess- torial Sea’ means the waters of the Terri- sonable attorney and expert witness fees) to ments under section 212; torial Sea of the United States under Presi- any prevailing party whenever it determines ‘‘(C) the reasonable costs incurred by the dential Proclamation 5928, dated December that such award is appropriate.’’. Secretary in implementing section 208(d); 27, 1988.’’.

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.076 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7377 By Mr. LAUTENBERG (for him- coasts from storms. Scientists have es- since 2004. Now is the time for national self and Ms. CANTWELL): timated that, due to excess carbon di- investment in a coordinated program S. 1581. A bill to establish an inter- oxide in the oceans, corals may be un- of research and monitoring to improve agency committee to develop an ocean able to form their skeletons by mid- understanding of ocean acidification, acidification research and monitoring century, and could begin to dissolve by and strengthen the ability of marine plan and to establish an ocean acidifi- the end of this century. Destroying resource managers to assess and pre- cation program within the National these ecosystems will have staggering pare for the harmful impacts of ocean Oceanic and Atmospheric Administra- environmental, social and economic acidification on our marine resources. tion; to the Committee on Commerce, consequences. I would like to thank Senator CANT- Science, and Transportation. In addition, ocean acidification di- WELL for her cosponsorship and support Mr. LAUTENBERG. Mr. President, I rectly threatens numerous commer- on this important issue. I look forward rise today to introduce legislation that cially and recreationally important to working with my colleagues in the would establish a comprehensive Fed- fish and shellfish species from coast to Senate to ensure passage of this legis- eral research plan and program to ad- coast. Carbon dioxide-rich waters have lation so that we can fill this vital re- dress ocean acidification, which poses a been shown to decrease the body search need and protect our valuable growing threat to the health of our weight of Pacific salmon and increase marine resources. oceans. the mortality rate of Alaskan blue I ask unanimous consent that the Our oceans help reduce global warm- king crab. Over 50 percent of our com- text of the bill be printed in the mercial catch in the United States is ing by absorbing carbon dioxide from RECORD. the atmosphere. To date, about one- shellfish. In New Jersey, sea scallops There being no objection, the text of third of all human-generated carbon and clams are some of the State’s most the bill was ordered to be printed in emissions have dissolved into the valuable fisheries, valued at $121 mil- the RECORD, as follows: lion. These and other important shell- ocean. However, the increase in carbon S. 1581 dioxide lowers ocean pH, and causes fish species are threatened by growing acidification. Be it enacted by the Senate and House of Rep- the oceans to become more acidic. This resentatives of the United States of America in increase in acidity is corrosive to ma- Research on the processes and con- Congress assembled, sequences of ocean acidification is still rine shells and organisms that form the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. in its infancy. The urgency of devel- base of the food chain for many fish (a) SHORT TITLE.—This Act may be cited as and marine mammals. These changes oping interagency collaboration to ad- the ‘‘Federal Ocean Acidification Research in ocean chemistry also threaten coral dress this far-reaching environmental And Monitoring Act of 2007’’ or the problem is widely recognized in the sci- reef ecosystems, habitats so rich in ‘‘FOARAM Act’’. entific community. In January, the Ad- (b) TABLE OF CONTENTS.—The table of con- biodiversity they are called he rain for- ministration Ocean Research Priorities tents for this Act is as follows: ests of the sea. Even a mild increase in Plan, ORPP, identified ocean acidifica- Sec. 1. Short title; table of contents. ocean acidity could make these orga- tion as a research priority. Consistent Sec. 2. Findings and purposes. nisms more vulnerable to disease, pol- with the ORPP, my legislation will es- Sec. 3. Interagency committee on ocean lution and other environmental acidification. tablish a comprehensive research and stresses. If the acidic conditions in- Sec. 4. Strategic research and implementa- monitoring program within the Na- crease significantly, marine shells tion plan. tional Oceanic and Atmospheric Ad- could actually begin to dissolve. Sec. 5. NOAA ocean acidification program. ministration, NOAA. This is critical Sec. 6. Definitions. Ocean acidification demands our im- for ocean management in the long- Sec. 7. Authorization of appropriations. mediate attention. Current projections term because many questions on the ef- SEC. 2. FINDINGS AND PURPOSES. of carbon dioxide emissions suggest fect of increasing atmospheric carbon (a) FINDINGS.—The Congress finds the fol- that the acidity of our oceans is likely dioxide on ocean chemistry and marine lowing: to accelerate significantly in the com- life remain unanswered. (1) The oceans help mitigate the effects of ing years. NOAA scientists have said My legislation also establishes an global warming by absorbing atmospheric carbon dioxide. About a third of anthropo- that ocean acidity has increased 30 per- interagency committee to develop a cent since the industrial revolution genic carbon dioxide is currently absorbed by comprehensive ocean acidification re- the ocean. and they estimate by the end of this search and monitoring plan designed to century the acidity of the oceans may (2) The rapid increase in atmospheric car- improve the understanding of the envi- bon dioxide is overwhelming the natural increase 150 percent. They also project ronmental and economic impacts of in- ability of the oceans to cope with human-in- that current trends could result in a creased ocean acidification. The plan duced carbon dioxide emissions. decrease in ocean pH to the lowest lev- will identify priority research areas (3) The emission of carbon dioxide into the els in 20 million years. and strengthen relevant programs atmosphere is causing the oceans to become Ocean acidification threatens our within our federal agencies. The plan more acidic. The increase in acidity and marine ecosystems and could result in changes in ocean chemistry are corrosive to will also address commercially and marine shells and organisms that form the significant social and economic costs. recreationally important species, as The rich biodiversity of marine orga- base of the food chain for many fish and ma- well as vulnerable ecosystems includ- rine mammals including the skeletons of nisms is an important contribution to ing coral reefs and coastal and polar corals which provide one of the richest habi- the national economy providing food, oceans threatened by acidification. tats on earth. tourism, and aesthetic benefits, but The rise of carbon dioxide in our at- (4) The rich biodiversity of marine orga- they are vulnerable to human activity. mosphere has been measured continu- nisms is an important contribution to the Ocean acidification threatens fish and ously since 1958. Known as the national economy and the change in ocean all calcifying organisms including cor- ‘‘Keeling Curve’’, these measurements chemistry threatens our fisheries and marine als, scallops, clams, crabs, lobsters, and are a cornerstone of our understanding environmental quality, and could result in significant social and economic costs. plankton. of man-made increases in carbon diox- It is important to note the potential (5) Existing Federal programs support re- ide causing global warming and ocean search in related ocean chemistry, but gaps economic impacts of ocean acidifica- acidification. It is vital that we estab- in funding, coordination, and outreach have tion. Coastal and marine commercial lish a program for long-term global impeded national progress in addressing fishing generates upwards of $30 billion measurements of ocean pH to under- ocean acidification. per year and employs nearly 70,000 peo- stand the processes and consequences (6) National investment in a coordinated ple. Many of these fisheries also rely of ocean acidification. A key compo- program of research and monitoring would upon healthy coral habitats. Increased nent in our bill directs federal agencies improve the understanding of ocean acidifi- ocean acidification reduces the ability to establish a long-term monitoring cation effects on whole ecosystems, advance of corals and shellfish to produce their our knowledge of the socio-economic im- program of pH levels in the ocean uti- pacts of increased ocean acidification, and skeletons. Globally, coral reefs are lizing existing global ocean observing strengthen the ability of marine resource home to more than 4,000 kinds of fish, assets. managers to assess and prepare for the harm- and generate $30 billion per year in Congress has been hearing from our ful impacts of ocean acidification on our ma- fishing, tourism, and protection to Nation experts on ocean acidification rine resources.

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.068 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7378 CONGRESSIONAL RECORD — SENATE June 7, 2007

(b) PURPOSES.—The purposes of this Act (b) SCOPE.—The plan shall— ies such as the International Oceanographic are to provide for— (1) provide for interdisciplinary research Commission, the International Council for (1) development and coordination of a com- among the ocean sciences, and coordinated the Exploration of the Sea, the North Pacific prehensive interagency plan to monitor and research and activities to improve under- Marine Science Organization, and others; conduct research on the processes and con- standing of ocean acidification that will af- (2) provides grants for critical research sequences of ocean acidification on marine fect marine ecosystems and to assess the po- projects that explore the effects of ocean organisms and ecosystems and to establish tential and realized socio-economic impact acidification on ecosystems and the socio- an ocean acidification program within the of ocean acidification, including— economic impacts of increased ocean acidifi- National Oceanic and Atmospheric Adminis- (A) effects of atmospheric carbon dioxide cation that are relevant to the goals and pri- tration; and on ocean chemistry; orities of the strategic research plan; and (2) assessment and consideration of re- (B) biological impacts of ocean acidifica- (3) incorporates a competitive merit-based gional and national ecosystem and socio-eco- tion, including research on— grant process that may be conducted jointly nomic impacts of increased ocean acidifica- (i) commercially and recreationally impor- with other participating agencies or under tion, and integration into marine resource tant species and ecologically important the National Oceanographic Partnership decisions. calcifiers that lie at the base of the food Program under section 7901 of title 10, SEC. 3. INTERAGENCY COMMITTEE ON OCEAN chain; and United States Code. ACIDIFICATION. (ii) physiological changes in response to (b) ADDITIONAL AUTHORITY.—In conducting (a) ESTABLISHMENT.— ocean acidification; the Program, the Secretary may enter into (1) IN GENERAL.—There is hereby estab- (C) identification and assessment of eco- and perform such contracts, leases, grants, lished an Interagency Committee on Ocean systems most at risk from projected changes or cooperative agreements as may be nec- Acidification. in ocean chemistry including— essary to carry out the purposes of this Act (2) MEMBERSHIP.—The Committee shall be (i) coral reef ecosystems; on such terms as the Secretary deems appro- comprised of senior representatives from the (ii) polar ecosystems; and priate. National Oceanic and Atmospheric Adminis- (iii) coastal ocean ecosystems; SEC. 6. DEFINITIONS. tration, the National Science Foundation, (D) modeling the effects of pH including In this Act: the National Aeronautics and Space Admin- ecosystem forecasting; (1) COMMITTEE.—The term ‘‘Committee’’ istration, the United States Geological Sur- (E) identifying feedback mechanisms re- means the Interagency Committee on Ocean vey, the United States Fish and Wildlife sulting from the ocean chemistry changes Acidification established by section 3(a). Service, the Environmental Protection and the subsequent decrease in calcification (2) OCEAN ACIDIFICATION.—The term ‘‘ocean Agency, the Department of Energy, and such rates in organisms; acidification’’ means the decrease in the pH other Federal agencies as the Secretary con- (F) socio-economic impacts of ocean acidi- of the Earth’s oceans caused by the uptake siders appropriate. fication, including commercially and of anthropogenic carbon dioxide from the at- (3) CHAIRMAN.—The Committee shall be recreationally important fisheries; mosphere. chaired by the representative from the Na- (2) establish, for the 10-year period begin- (3) PROGRAM.—The term ‘‘Program’’ means tional Oceanic and Atmospheric Administra- ning in the year it is submitted, goals, prior- the National Oceanic and Atmospheric Ad- tion. The chairman may create subcommit- ities, and guidelines for coordinated activi- ministration Ocean Acidification Program tees chaired by any member agency of the ties that will— established under section 5. committee. Working groups may be formed (A) most effectively advance scientific un- (4) SECRETARY.—The term ‘‘Secretary’’ by the full Committee to address issues that derstanding of the characteristics and im- means the Secretary of Commerce, acting may require more specialized expertise than pacts of ocean acidification; through the Administrator of the National is provided by existing subcommittees. (B) provide forecasts of changes in ocean Oceanic and Atmospheric Administration. (b) PURPOSE.—The Committee shall over- acidification and the consequent impacts on SEC. 7. AUTHORIZATION OF APPROPRIATIONS. see the planning, establishment, and coordi- marine ecosystems; and (a) IN GENERAL.—There are authorized to nation of a plan designed to improve the un- (C) provide a basis for policy decisions to be appropriated to the National Oceanic and derstanding of the role of increased ocean reduce and manage ocean acidification and Atmospheric Administration $30,000,000 to acidification on marine ecosystems. its environmental impacts; carry out the purposes of this Act for each of (c) REPORTS TO CONGRESS.— (3) provide an estimate of Federal funding fiscal years 2008 through 2012, and such sums (1) STRATEGIC RESEARCH AND IMPLEMENTA- requirements for research and monitoring as may be necessary for fiscal years after fis- TION PLAN.—The Committee shall submit the activities; and cal year 2012. strategic research and implementation plan (4) identify and strengthen relevant pro- (b) ALLOCATION.— established under section 4 to the Senate grams and activities of the Federal agencies (1) Of the amounts made available to carry Committee on Commerce, Science, and and departments that would contribute to out this Act for a fiscal year, the Secretary Transportation and the House of Representa- accomplishing the goals of the plan and pre- shall allocate at least 60 percent to other de- tives Committee on Natural Resources. vent unnecessary duplication of efforts, in- partments and agencies to carry out the pri- (2) TRIENNIAL REPORT.—Not later than 2 cluding making recommendations for the use orities of the plan developed by the Com- years after the date of the enactment of this of observing systems and technological re- mittee. Act and every 3 years thereafter, the Com- search and development. (2) Of the amounts made available to carry mittee shall transmit a report to the Senate SEC. 5. NOAA OCEAN ACIDIFICATION PROGRAM. out this Act for any fiscal year, the Sec- Committee on Commerce, Science, and (a) IN GENERAL.—The Secretary shall es- retary, and other departments and agencies Transportation and the House of Representa- tablish and maintain an ocean acidification to which amounts are allocated under para- tives Committee on Natural Resources that program within the National Oceanic and graph (1), shall allocate at least 50 percent includes— Atmospheric Administration to implement for competitive grants. (A) a summary of federally funded ocean activities consistent with the strategic re- acidification research and monitoring activi- search and implementation plan developed By Mr. INOUYE (for himself, Mr. ties, including the budget for each of these by the Committee under section 4 that— STEVENS, Ms. CANTWELL, and activities; and (1) includes— Ms. SNOWE): (B) an analysis of the progress made to- (A) interdisciplinary research among the S. 1582. A bill to reauthorize and ward achieving the goals and priorities for ocean sciences, and coordinated research and amend the Hydrographic Services Im- the interagency research plan developed by activities to improve understanding of ocean provement Act, and for other purposes; the Committee under section 4 and rec- acidification; ommendations for future activities. (B) the establishment of a long-term moni- to the Committee on Commerce, SEC. 4. STRATEGIC RESEARCH AND IMPLEMEN- toring program of pH levels in the ocean uti- Science, and Transportation. TATION PLAN. lizing existing global ocean observing assets Mr. President, I ask unanimous con- (a) IN GENERAL.—Within 1 year after the and adding instrumentation and sampling sent that the text of the bill be printed date of enactment of this Act, the Com- stations as appropriate to the aims of the re- in the RECORD. mittee shall develop a strategic research and search program; There being no objection, the text of implementation plan for coordinated Federal (C) educational opportunities that encour- the bill was ordered to be printed in activities. In developing the plan, the Com- age an interdisciplinary and international the RECORD, as follows: mittee shall consider and use reports and approach to exploring the impacts of ocean studies conducted by Federal agencies and acidification; S. 1582 departments, the National Research Council, (D) national public outreach activities to Be it enacted by the Senate and House of Rep- the Ocean Research and Resources Advisory improve the understanding of ocean acidifi- resentatives of the United States of America in Panel, the Joint Subcommittee on Ocean, cation and its impacts on marine resources; Congress assembled, Science, and Technology of the National and SECTION 1. SHORT TITLE. Science and Technology Council, the Joint (E) coordination of ocean acidification This Act may be cited as the ‘‘Hydro- Ocean Commission Initiative, and other ex- monitoring and impacts research with other graphic Services Improvement Act Amend- pert scientific bodies. appropriate international ocean science bod- ments of 2007’’.

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.066 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7379 SEC. 2. FINDINGS AND PURPOSES. torial limits and jurisdiction, such as the Ex- SEC. 4. FUNCTIONS OF THE ADMINISTRATOR. The Hydrographic Services Improvement clusive Economic Zone. Section 304 of the Hydrographic Services Act of 1998 (33 U.S.C. 892 et seq.) is amend- ‘‘(9) Research, development and applica- Improvement Act of 1998 (33 U.S.C. 892a), as ed— tion of new technologies will further in- redesignated by section 2, is amended— (1) by redesignating sections 302 through crease efficiency, promote the Nation’s com- (1) by striking ‘‘the Act of 1947,’’ in sub- 306 as sections 303 through 307, respectively; petitiveness, provide social and economic section (a) and inserting ‘‘the Coast and Geo- and benefits, enhance safety and environmental detic Survey Act, promote safe, efficient, (2) by inserting after section 301 the fol- protection, and reduce risks. and environmentally sound marine transpor- lowing: ‘‘(b) PURPOSES.—The purposes of this Act tation, and otherwise fulfill the purposes of ‘‘SEC. 302. FINDINGS AND PURPOSES. are— this Act,’’; ‘‘(1) to augment the ability of the National ‘‘(a) FINDINGS.—The Congress finds the fol- (2) by striking ‘‘data;’’ in subsection (a)1) Oceanic and Atmospheric Administration to lowing: and inserting ‘‘data and provide hydro- fulfill its responsibilities under this and ‘‘(1) In 2007, the Nation celebrates the 200th graphic services;’’; and other authorities; anniversary of its oldest scientific agency, (3) by striking subsection (b) and inserting ‘‘(2) to provide more accurate and up-to- the Survey of the Coast, which was author- the following: date hydrographic data and services in sup- ized by Congress and created by President ‘‘(b) AUTHORITIES.—To fulfill the data gath- port of safe and efficient international trade ering and dissemination duties of the Admin- Thomas Jefferson in 1807 to conduct surveys and interstate commerce, including— of the coast and provide nautical charts for istration under the Coast and Geodetic Sur- ‘‘(A) hydrographic surveys; vey Act, promote safe, efficient, and environ- safe passage through the Nation’s ports and ‘‘(B) electronic navigational charts; along its extensive coastline. mentally sound marine transportation, and ‘‘(C) real-time tide, water level, and cur- otherwise fulfill the purposes of this Act, ‘‘(2) These mission requirements and capa- rent information and forecasting; bilities, which today are located in the Na- subject to the availability of appropria- ‘‘(D) shoreline surveys; and tions— tional Oceanic and Atmospheric Administra- ‘‘(E) geodesy and 3-dimensional positioning tion, evolved over time to include— ‘‘(1) the Administrator may procure, lease, data; evaluate, test, develop, and operate vessels, ‘‘(A) research, development, operations, ‘‘(3) to support homeland security, emer- products, and services associated with hydro- equipment, and technologies necessary to gency response, ecosystem approaches to ensure safe navigation and maintain oper- graphic, geodetic, shoreline, and baseline marine management, and coastal resiliency surveying; ational expertise in hydrographic data acqui- by providing hydrographic data and services sition and hydrographic services; ‘‘(B) cartography, mapping, and charting; with many other useful operational, sci- ‘‘(C) tides, currents, and water level obser- ‘‘(2) the Administrator shall design, in- entific, engineering, and management appli- stall, maintain, and operate real-time hydro- vations; cations, including— graphic monitoring systems to enhance navi- ‘‘(D) maintenance of a national spatial ref- ‘‘(A) storm surge, tsunami, coastal flood- gation safety and efficiency; erence system; and ing, erosion, and pollution trajectory moni- ‘‘(3) where appropriate and to the extent ‘‘(E) associated products and services. toring, predictions, and warnings; that it does not detract from the promotion ‘‘(3) There is a need to maintain Federal ‘‘(B) marine and coastal geographic infor- of safe and efficient navigation, the Adminis- expertise and capability in hydrographic mation systems; trator may acquire hydrographic data and data and services to support a safe and effi- ‘‘(C) habitat restoration; provide hydrographic services to support the cient marine transportation system for the ‘‘(D) long-term sea-level trends; and conservation and management of coastal and enhancement and promotion of international ‘‘(E) more accurate environmental assess- ocean resources; trade and interstate commerce vital to the ments and monitoring; Nation’s economic prosperity and for myriad ‘‘(4) to promote improved integrated ocean ‘‘(4) where appropriate, the Administrator other commercial and recreational activi- and coastal mapping and observations may acquire hydrographic data and provide ties. through increased coordination and coopera- hydrographic services to save and protect ‘‘(4) The Nation’s marine transportation tion; life and property and support the resumption system is becoming increasingly congested, ‘‘(5) to provide for and support research of commerce in response to emergencies, the volume of international maritime com- and development in hydrographic data, serv- natural and man-made disasters, and home- merce is expected to double within the next ices and related technologies to enhance the land security and maritime domain aware- 20 years, and nearly half of the cargo efficiency, accuracy and availability of hy- ness needs, including obtaining Mission As- transiting United States waters is oil, re- drographic data and services and thereby signments as defined in section 641 of the fined petroleum products, or other hazardous promote the Nation’s scientific and techno- Post-Katrina Emergency Management Re- substances. logical competitiveness; and form Act of 2006 (6 U.S.C. 741); ‘‘(5) In addition to commerce, hydrographic ‘‘(6) to provide national and international ‘‘(5) the Administrator may create, sup- data and services support other national leadership for hydrographic and related serv- port, and maintain such joint centers, and needs for the Great Lakes and coastal wa- ices, sciences, and technologies.’’. enter into and perform such contracts, ters, the territorial sea, the Exclusive Eco- SEC. 3. DEFINITIONS. leases, grants, or cooperative agreements as nomic Zone, and the continental shelf of the Section 303 of the Hydrographic Services may be necessary to carry out the purposes United States, including— Improvement Act of 1998 (33 U.S.C. 892), as of this Act; and ‘‘(A) emergency response; redesignated by section 2, is amended— ‘‘(6) notwithstanding paragraph (5), the Ad- ‘‘(B) homeland security; (1) by amending paragraph (3) to read as ministrator shall award contracts for the ac- ‘‘(C) marine resource conservation; follows: quisition of hydrographic data in accordance ‘‘(D) coastal resiliency to sea-level rise, ‘‘(3) HYDROGRAPHIC DATA.—The term ‘‘hy- with title IX of the Federal Property and Ad- coastal inundation, and other hazards; drographic data’’ means information ac- ministrative Services Act of 1949 (40 U.S.C. ‘‘(E) ocean and coastal science advance- quired through hydrographic, bathymetric, 1101 et seq.).’’. ment; and or shoreline surveying; geodetic, geospatial, SEC. 5. QUALITY ASSURANCE PROGRAM. ‘‘(F) improved and integrated ocean and or geomagnetic measurements; tide, water Subsection (b) of section 305 of the Hydro- coastal mapping and observations for an in- level, and current observations, or other graphic Services Improvement Act of 1998 (33 tegrated ocean observing system. methods, that is used in providing hydro- U.S.C. 892b), as redesignated by section 2, is ‘‘(6) The National Oceanic and Atmos- graphic services.’’; amended by striking ‘‘303(a)(3)’’ each place it pheric Administration, in cooperation with (2) by striking paragraph (4)(A) and insert- appears and inserting ‘‘304(a)(3)’’. other agencies and the States, serves as the ing the following: SEC. 6. HYDROGRAPHIC SERVICES REVIEW Nation’s leading civil authority for estab- ‘‘(A) the management, maintenance, inter- PANEL. lishing and maintaining national standards pretation, certification, and dissemination of Section 306 of the Hydrographic Services and datums for hydrographic data and serv- bathymetric, hydrographic, shoreline, geo- Improvement Act of 1998 (33 U.S.C. 892c), as ices. detic, geospatial, geomagnetic, and tide, redesignated by section 2, is amended— ‘‘(7) The Director of the National Oceanic water level, and current information, includ- (1) by striking ‘‘303’’ in subsection (b)(1) and Atmospheric Administration’s Office of ing the production of nautical charts, nau- and inserting ‘‘304’’; Coast Survey serves as the National Hydrog- tical information databases, and other prod- (2) by striking subsection (c)(1)(A) and in- rapher and the primary United States rep- ucts derived from hydrographic data;’’; and serting ‘‘(A) The panel shall consist of 15 vot- resentative to the international hydro- (3) by striking paragraph (5) and inserting ing members who shall be appointed by the graphic community, including the Inter- the following: Administrator. The Co-directors of the Joint national Hydrographic Organization. ‘‘(5) COAST AND GEODETIC SURVEY ACT.— Hydrographic Institute and no more than 2 ‘‘(8) The hydrographic expertise, data, and The term ‘Coast and Geodetic Survey Act’ employees of the National Oceanic and At- services of the National Oceanic and Atmos- means the Act entitled ‘An Act to define the mospheric Administration appointed by the pheric Administration provide the under- functions and duties of the Coast and Geo- Administrator shall serve as nonvoting lying and authoritative basis for baseline detic Survey, and for other purposes’, ap- members of the panel. The voting members and boundary demarcation, including the es- proved August 6, 1947 (33 U.S.C. 883a et of the panel shall be individuals who, by rea- tablishment of marine and coastal terri- seq.).’’. son of knowledge, experience, or training,

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.094 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7380 CONGRESSIONAL RECORD — SENATE June 7, 2007 are especially qualified in 1 or more of the ‘‘(4) a combination of stressors, including (6) by amending subsection (f), as redesig- disciplines and fields relating to hydro- climate change, has caused a rapid decline in nated, to read as follows: graphic data and hydrographic services, and the health of many coral reef ecosystems ‘‘(f) CRITERIA FOR APPROVAL.—The Sec- other disciplines as determined appropriate globally; retary may not approve a project proposal by the Administrator.’’; ‘‘(5) natural stressors on coral reefs are under this section unless the project is con- (3) by striking ‘‘Secretary’’ in subsections compounded by human impacts including sistent with the coral reef action strategy (c)(1)(C), (c)(3), and (e) and inserting ‘‘Admin- pollution, overfishing, and physical damage; under section 203 and will enhance the con- istrator’’; and and servation of coral reef ecosystems nationally (4) by striking subsection (d) and inserting ‘‘(6) healthy coral reefs provide shoreline or internationally by— the following: protection for coastal communities and re- ‘‘(1) implementing coral conservation pro- ‘‘(d) COMPENSATION.—Voting members of sources. grams which promote sustainable develop- the panel shall be reimbursed for actual and ‘‘(b) The purposes of this title are— ment and ensure effective, long-term con- reasonable expenses, such as travel and per ‘‘(1) to preserve, sustain, and restore the servation of coral reef ecosystems and bio- diem, incurred in the performance of such condition of coral reef ecosystems; diversity; duties.’’. ‘‘(2) to promote the wise management and ‘‘(2) addressing the conflicts arising from SEC. 7. AUTHORIZATION OF APPROPRIATIONS. sustainable use of coral reef ecosystems to the use of environments near coral reef eco- Section 307 of the Hydrographic Services benefit local communities, the Nation, and systems or from the use of corals, species as- Improvement Act of 1998 (33 U.S.C. 892d), as the world; sociated with coral reef ecosystems, and redesignated by section 2, is amended to read ‘‘(3) to develop sound scientific informa- coral products; as follows: tion on the condition of coral reef eco- ‘‘(3) enhancing compliance with laws that ‘‘SEC. 307. AUTHORIZATION OF APPROPRIATIONS. systems and the threats to such ecosystems; prohibit or regulate the taking of coral prod- ‘‘There are authorized to be appropriated ‘‘(4) to assist in the preservation of coral ucts or species associated with coral reef to the Administrator sums as may be nec- reef ecosystems by supporting conservation ecosystems or regulate the use and manage- essary for each of fiscal years 2008 through programs, including projects that involve af- ment of coral reef ecosystems; 2012 for the purposes of carrying out this fected local communities and nongovern- ‘‘(4) developing sound scientific informa- Act.’’. mental organizations; tion on the condition of coral reef eco- ‘‘(5) to provide financial resources for those systems or the threats to such ecosystems By Mr. INOUYE (for himself and programs and projects; and their biodiversity, including factors that Mr. STEVENS) (by request): ‘‘(6) to establish a formal mechanism for cause coral disease and bleaching; S. 1583. A bill to reauthorize the collecting and allocating monetary dona- ‘‘(5) promoting and assisting to implement Coral Reef Conservation Act of 2000, tions from the private sector to be used for cooperative coral reef ecosystem conserva- and for other coral conservation pur- coral reef conservation projects; and tion projects that involve affected local com- munities, nongovernmental organizations, or poses; to the Committee on Commerce, ‘‘(7) to provide mechanisms to address inju- ries to coral reefs.’’. others in the private sector; Science, and Transportation. ‘‘(6) increasing public knowledge and SEC. 4. NATIONAL CORAL REEF ACTION STRAT- Mr. President, I ask unanimous awareness of coral reef ecosystems and conset that the text of the bill be EGY. Section 203(a) of the Coral Reef Conserva- issues regarding their long-term conserva- printed in the RECORD. tion Act of 2000 (16 U.S.C. 6402(a)) is amended tion, including how they function to protect There being no objection, the text of to read as follows: coastal communities; the bill was ordered to be printed in ‘‘(a) IN GENERAL.—Not later than 180 days ‘‘(7) mapping the location, distribution and the RECORD, as follows: after the date of the enactment of this Act, biodiversity of coral reef ecosystems; S. 1583 the Secretary shall submit to the Committee ‘‘(8) developing and implementing tech- niques to monitor and assess the status and Be it enacted by the Senate and House of Rep- on Commerce, Science, and Transportation condition of coral reef ecosystems and bio- resentatives of the United States of America in of the Senate and to the Committee on Nat- diversity; Congress assembled, ural Resources of the House of Representa- tives and publish in the Federal Register a ‘‘(9) developing and implementing cost-ef- SECTION 1. SHORT TITLE AND REFERENCES. fective methods to restore degraded coral (a) This Act may be cited as the ‘‘Coral national coral reef action strategy, con- reef ecosystems and biodiversity; Reef Ecosystem Conservation Amendments sistent with the purposes of this title. The ‘‘(10) responding to coral disease and Act of 2007’’. Secretary shall periodically review and re- (b) Except as otherwise expressly provided, vise the strategy as necessary. In developing bleaching events; or whenever in this bill an amendment or re- this national strategy, the Secretary shall ‘‘(11) promoting ecologically sound naviga- peal is expressed in terms of an amendment consult with the Coral Reef Task Force es- tion and anchorages near coral reef eco- to or repeal of a section or other provision, tablished under Executive Order 13089 (June systems.’’; and the reference shall be considered to be made 11, 1998).’’. (7) in subsection (i), as redesignated, by striking ‘‘coral reefs’’ and inserting ‘‘coral to a section or other provision of the Coral SEC. 5. CORAL REEF CONSERVATION PROGRAM. reef ecosystems’’. Reef Conservation Act of 2000 (16 U.S.C. 6401 Section 204 of the Coral Reef Conservation SEC. 6. CORAL REEF CONSERVATION FUND. et seq.). Act of 2000 (16 U.S.C. 6403) is amended— Section 205 of the Coral Reef Conservation SEC. 2. REDESIGNATIONS. (1) throughout by striking ‘‘Adminis- Act of 2000 (16 U.S.C. 6404) is amended— The Coral Reef Conservation Act of 2000 (16 trator’’ and inserting ‘‘Secretary’’; (1) by amending subsection (a) to read as U.S.C. 6401 et seq.) is amended by redesig- (2) by amending subsection (a) to read as nating— follows: follows: ‘‘(a) FUND.—The Secretary may enter into (1) section 206 (16 U.S.C. 6405) as section ‘‘(a) GRANTS.—The Secretary, subject to agreements with nonprofit organizations 207; the availability of funds, shall provide grants promoting coral reef ecosystem conservation (2) section 207 (16 U.S.C. 6406) as section of financial assistance for projects for the by authorizing such organizations to receive, 208; conservation of coral reef ecosystems (here- hold, and administer funds received pursuant (3) section 208 (16 U.S.C. 6407) as section after in this title referred to as ‘coral con- to this section. Such organizations shall in- 215; servation projects’), for proposals approved vest, reinvest, and otherwise administer the (4) section 209 (16 U.S.C. 6408) as section by the Secretary in accordance with this sec- funds and maintain such funds and any in- 216; and tion.’’; terest or revenues earned in a separate inter- (5) section 210 (16 U.S.C. 6409) as section (3) by amending subsection (c) to read as est-bearing account, hereafter referred to as 217. follows: the Fund, established by such organizations SEC. 3. FINDINGS AND PURPOSES. ‘‘(c) ELIGIBILITY.—Any natural resource solely to support partnerships between the Section 202 of the Coral Reef Conservation management authority of a State or other public and private sectors that further the Act of 2000 (16 U.S.C. 6401) is amended to read government authority with jurisdiction over purposes of this Act and are consistent with as follows: coral reef ecosystems, or whose activities di- the national coral reef action strategy under ‘‘SEC. 202. FINDINGS AND PURPOSES. rectly or indirectly affect coral reef eco- section 203.’’; ‘‘(a) The Congress finds that— systems, or educational or nongovernmental (2) in subsection (c) by striking ‘‘Adminis- ‘‘(1) coral reefs contain high biological di- institutions with demonstrated expertise in trator’’ and inserting ‘‘Secretary’’; versity and serve important ecosystem func- the conservation of coral reef ecosystems, (3) in subsection (c) by striking ‘‘the grant tions; may submit to the Secretary a coral con- program’’ and inserting ‘‘any grant pro- ‘‘(2) coral reef resources provide economic servation proposal under subsection (e).’’; gram’’; and and environmental benefits in the form of (4) by striking subsection (d) and renum- (4) in subsection (d) by striking ‘‘Adminis- food, jobs, natural products, and pharma- bering the subsequent sections as (d) through trator’’ and inserting ‘‘Secretary’’. ceuticals; (i); SEC. 7. AGREEMENTS. ‘‘(3) coral reefs are the basis of thriving (5) in subparagraph (e)(2)(A), as redesig- The Coral Reef Conservation Act of 2000 (16 commercial and recreational fishing and nated, by striking ‘‘Magnuson- Stevens’’ and U.S.C. 6401 et seq.) is amended by inserting a tourism industries; inserting ‘‘Magnuson-Stevens’’; new section 206 as follows:

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.094 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7381 ‘‘SEC. 206. AGREEMENTS. coral reefs ecosystems to conserve living ma- ‘‘(C) if the destruction, loss, or injury was ‘‘(a) The Secretary shall have the author- rine resources; the necessary result of bona fide marine sci- ity to enter into and perform such contracts, ‘‘(4) responding to incidents and events entific research; provided, however, that con- leases, grants, or cooperative agreements as that threaten and damage coral reef eco- duct of such research shall not be construed may be necessary to carry out the purposes systems, including disease and bleaching; to include excessive sampling or collecting, of this Act. ‘‘(5) cooperative conservation and manage- or actions such as vessel groundings, vessel ‘‘(b) For purposes related to the conserva- ment of coral reef ecosystems; and scrapings, anchor damage, excavation, or tion, preservation, protection, restoration or ‘‘(6) centrally archiving, managing, and other similar activities; provided further, replacement of coral reefs or coral reef eco- distributing data sets and providing coral however, that marine scientific research ac- systems and the enforcement of this Act, the reef ecosystem assessments and services to tivities approved by State or local permits Secretary is authorized to use, with their the general public. with local, regional, or qualify as bona fide marine scientific re- consent and with or without reimbursement, international programs and partners. search; the land, services, equipment, personnel, and ‘‘(c) DATA ARCHIVE, ACCESS, AND AVAIL- ‘‘(D) if the destruction, loss, or injury— facilities of any Department, agency or in- ABILITY.—The Secretary, in coordination ‘‘(i) was caused by a Federal Government strumentality of the United States, or of any with similar efforts at other Departments agency during— state, local government, Indian tribal gov- and agencies, as appropriate, shall provide ‘‘(I) an emergency that posed an unaccept- ernment, Territory or possession, or of any for long-term stewardship of environmental able threat to human health or safety or to political subdivision thereof, or of any for- data, products, and information via data the marine environment, eign government or international organiza- processing, storage, and archive facilities, ‘‘(II) an emergency that posed a threat to tion. pursuant to this Act. To implement this pro- national security, or ‘‘(c) AUTHORITY TO UTILIZE GRANT FUNDS.— vision, the Secretary may— ‘‘(III) an activity necessary for law en- ‘‘(1) Except as provided in paragraph (2), (1) Archive environmental data collected forcement or search and rescue, and the Secretary is authorized to apply for, ac- by federal, State, local agencies and tribal ‘‘(ii) could not reasonably be avoided; cept, and obligate research grant funding organizations and federally funded research; ‘‘(2) interfere with the enforcement of this from any federal source operating competi- (2) Promote widespread availability and Act by— tive grant programs where such funding fur- dissemination of environmental data and in- ‘‘(A) refusing to permit any officer author- thers the purpose of this Act. formation through full and open access and ized to enforce this Act to board a vessel, ‘‘(2) The Secretary may not apply for, ac- exchange to the greatest extent possible, in- other than a vessel operated by the Depart- cept, or obligate any grant funding under cluding in electronic format on the Internet; ment of Defense or United States Coast paragraph (1) for which the granting agency (3) Develop standards, protocols and proce- Guard, subject to such person’s control for lacks authority to grant funds to federal dures for sharing federal data with State and the purposes of conducting any search or in- agencies, or for any purpose or subject to local government programs and the private spection in connection with the enforcement conditions that are prohibited by law or reg- sector or academia; and of this Act; ulation. (4) Develop metadata standards for coral ‘‘(B) resisting, opposing, impeding, intimi- ‘‘(3) Appropriated funds may be used to reef ecosystems in accordance with Federal dating, harassing, bribing, interfering with, satisfy a requirement to match grant funds Geographic Data Committee guidelines. or forcibly assaulting any person authorized with recipient agency funds, except that no ‘‘(d) EMERGENCY RESPONSE, STABILIZATION, by the Secretary to implement this Act or grant may be accepted that requires a com- AND RESTORATION.—The Secretary shall es- any such authorized officer in the conduct of mitment in advance of appropriations. tablish an account (to be called the Emer- any search or inspection performed under ‘‘(4) Funds received from grants shall be gency Response, Stabilization and Restora- this Act; or deposited in the National Oceanic and At- tion Account) in the Damage Assessment ‘‘(C) submitting false information to the mospheric Administration account that Restoration Revolving Fund established by Secretary or any officer authorized to en- serves to accomplish the purpose for which Public Law 101-515, 104 Stat. 2101 (1990) (33 force this Act in connection with any search the grant was awarded.’’. U.S.C. 2706 note), for implementation of this or inspection conducted under this Act. subsection for emergency actions. There are ‘‘(3) violate any provision of this Act, any SEC. 8. EMERGENCY ASSISTANCE. authorized to be deposited into the Emer- permit issued pursuant to this Act, or any Section 207 of the Coral Reef Conservation gency Response, Stabilization and Restora- regulation promulgated pursuant to this Act of 2000 (16 U.S.C. 6405), as redesignated tion Account amounts which are authorized Act.’’. by section 2, is amended to read as follows: to be appropriated for such Account pursu- SEC. 11. DESTRUCTION OF CORAL REEFS. ‘‘SEC. 207. EMERGENCY ASSISTANCE. ant to section 216, and funds which are au- The Coral Reef Conservation Act of 2000 (16 The Secretary, in cooperation with the thorized by sections 210(d)(3)(B) and U.S.C. 6401 et seq.) is amended by inserting a Federal Emergency Management Agency, as 211(f)(3)(B). Amounts in the Emergency Re- new section 210 as follows: appropriate, may provide assistance to any sponse, Stabilization and Restoration Ac- ‘‘SEC. 210. DESTRUCTION OR LOSS OF, OR INJURY State, local, or territorial government agen- count shall be available for use by the Sec- TO, CORAL REEFS. cy with jurisdiction over coral reef eco- retary as specified in sections 210 and 211.’’. ‘‘(a) LIABILITY.— systems to address any unforeseen or dis- SEC. 10. PROHIBITED ACTIVITIES. ‘‘(1) LIABILITY TO THE UNITED STATES.—Ex- aster-related circumstance pertaining to The Coral Reef Conservation Act of 2000 (16 cept as provided insubsection (f), all persons coral reef ecosystems.’’. U.S.C. 6401 et seq.) is amended by inserting a who engage in an activity that is prohibited SEC. 9. NATIONAL PROGRAM. new section 209 as follows: under sections 209(a) or 209(c), or create an Section 208 of the Coral Reef Conservation ‘‘SEC. 209. PROHIBITED ACTIVITIES AND SCOPE imminent risk thereof, are liable, jointly and Act of 2000 (16 U.S.C. 6406), as redesignated OF PROHIBITIONS. severally, to the United States for an by section 2, is amended to read as follows: ‘‘The provisions in this section are in addi- amount equal to the sum of— ‘‘SEC. 208. NATIONAL PROGRAM. tion to, and shall not affect the operation of, ‘‘(A) response costs and damages resulting ‘‘(a) IN GENERAL.—Subject to the avail- other Federal, State or local laws or regula- from the destruction, loss, or injury, or im- ability of appropriations, the Secretary may tions providing protection to coral reefs. It minent risk thereof, including damages re- conduct activities, including with local, re- is unlawful for any person to— sulting from the response actions; gional, or international programs and part- ‘(1) destroy, cause the loss of, or injure any ‘‘(B) costs of seizure, forfeiture, storage, ners, as appropriate, to conserve coral reef coral reef or any component thereof, ex- and disposal arising from liability under this ecosystems, that are consistent with this cept— section; and title, the National Marine Sanctuaries Act, ‘‘(A) if the destruction, loss, or injury was ‘‘(C) interest on that amount calculated in the Coastal Zone Management Act of 1972, caused by the use of fishing gear; provided, the manner described under section 2705 of the Magnuson-Stevens Fishery Conservation however, that such gear is used in a manner Title 33. and Management Act, the Endangered Spe- not prohibited under the Magnuson-Stevens ‘‘(2) LIABILITY IN REM.— cies Act of 1973, and the Marine Mammal Fishery Conservation and Management Act, ‘‘(A) Any vessel used in an activity that is Protection Act of 1972. 16 U.S.C. 1801 et seq., or other Federal or prohibited under sections 209(a) or 209(c), or ‘‘(b) AUTHORIZED ACTIVITIES.—Activities State law; creates an imminent risk thereof, shall be authorized under subsection (a) include— ‘‘(B) if the destruction, loss, or injury was liable in rem to the United States for an ‘‘(1) mapping, monitoring, assessment, res- caused by an activity that is authorized by amount equal to the sum of— toration, socioeconomic and scientific re- Federal or State law including, but not lim- ‘‘(i) response costs and damages resulting search that benefit the understanding, sus- ited to, lawful discharges from vessels of from such destruction, loss, or injury, or im- tainable use, biodiversity, and long-term graywater, cooling water, engine exhaust, minent risk thereof, including damages re- conservation of coral reef ecosystems; ballast water and sewage from marine sani- sulting from the response actions; ‘‘(2) enhancing public awareness, edu- tation devices; provided, however, that such ‘‘(ii) costs of seizure, forfeiture, storage, cation, understanding, and appreciation of activity shall not be construed to include ac- and disposal arising from liability under this coral reef ecosystems; tions such as vessel groundings, vessel section; and ‘‘(3) removing, and providing assistance to scrapings, anchor damage, excavation not ‘‘(iii) interest on that amount calculated in States in removing, abandoned fishing gear, authorized by Federal or State permit, or the manner described under section 2705 of marine debris, and abandoned vessels from other similar activities; Title 33.

VerDate Aug 31 2005 06:55 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.078 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7382 CONGRESSIONAL RECORD — SENATE June 7, 2007 ‘‘(B) The amount of liability shall con- to Title I of Public Law 102–154, 105 Stat. 990 not more than $200,000 for each such viola- stitute a maritime lien on the vessel and (1991); tion, to be assessed by the Secretary. Each may be recovered in an action in rem in any ‘‘(2) be available for use by the Secretary day of a continuing violation shall con- district court of the United States that has without further appropriation and remain stitute a separate violation. jurisdiction over the vessel. available until expended; ‘‘(2) PERMIT SANCTIONS.—For any person ‘‘(3) DEFENSES.—A person is not liable ‘‘(3) and shall be for use, as the Secretary subject to the jurisdiction of the United under this subsection if that person estab- considers appropriate, as follows: States who has been issued or has applied for lishes that the destruction, loss, or injury ‘‘(A) to reimburse the Secretary or any a permit under this Act, and who violates was caused solely by an act of God, an act of other Federal or State agency that con- this Act or any regulation or permit issued war, or an act or omission of a third party ducted activities under sections 210(a) and under this Act, the Secretary may deny, sus- (other than an employee or agent of the de- (b); pend, amend or revoke in whole or in part fendant or one whose act or omission occurs ‘‘(B) to be transferred to the Emergency any such permit. For any person who has in connection with a contractual relation- Response, Stabilization and Restoration Ac- failed to pay or defaulted on a payment ship, existing directly or indirectly with the count established under section 208(d) to re- agreement of any civil penalty or criminal defendant), and the person acted with due imburse that account for amounts used for fine or liability assessed pursuant to any care. authorized emergency actions; and ‘‘(C) after natural resource law administered by the ‘‘(4) LIMITS TO LIABILITY.—Nothing in sec- reimbursement of such costs, to restore, re- Secretary, the Secretary may deny, suspend, tions 30501 to 30512 or 30706 of Title 46 shall place, or acquire the equivalent of any coral amend or revoke in whole or in part any per- limit liability to any person under this Act. reefs, or components thereof, including the mit issued or applied for under this Act. ‘‘(b) RESPONSE ACTIONS AND DAMAGE AS- reasonable costs of monitoring, or to mini- (3) ‘‘IMPOSITION OF CIVIL JUDICIAL PEN- SESSMENT.— mize or prevent threats of equivalent injury ALTIES.—Any person who violates any provi- ‘‘(1) RESPONSE ACTIONS.—The Secretary to, or destruction of coral reefs, or compo- sion of this Act, any regulation promulgated may undertake or authorize all necessary ac- nents thereof. or permit issued thereunder, shall be subject tions to prevent or minimize the destruction ‘‘(e) STATUTE OF LIMITATIONS.—An action to a civil judicial penalty not to exceed or loss of, or injury to, coral reefs, or compo- for response costs or damages under sub- $250,000 for each such violation. Each day of nents thereof, or to minimize the risk or im- section (c) shall be barred unless the com- a continuing violation shall constitute a sep- minent risk of such destruction, loss, or in- plaint is filed within 3 years after the date arate violation. The Attorney General, upon jury. on which the Secretary completes a damage the request of the Secretary, may commence a civil action in an appropriate district court ‘‘(2) DAMAGE ASSESSMENT.— assessment and restoration plan for the coral of the United States, and such court shall ‘‘(A) The Secretary shall assess damages to reefs, or components thereof, to which the have jurisdiction to award civil penalties coral reefs in accordance with the damages action relates. and such other relief as justice may require. definition in section 217 and shall consult ‘‘(f) FEDERAL GOVERNMENT ACTIVITIES.—In In determining the amount of a civil pen- with State officials regarding response and the event of threatened or actual destruction alty, the court shall take into account the damage assessment actions undertaken for of, loss of, or injury to a coral reef or compo- nature, circumstances, extent, and gravity of coral reefs within State waters. nent thereof resulting from an incident the prohibited acts committed and, with re- ‘‘(B) There shall be no double recovery caused by a component of any Department or spect to the violator, the degree of culpa- under this chapter for coral reef damages, in- agency of the United States Government, the bility, any history of prior violations, and cluding the cost of damage assessment, for cognizant Department or agency shall sat- such other matters as justice may require. In the same incident. isfy its obligations under this section by promptly, in coordination with the Sec- imposing such penalty, the district court ‘‘(c) COMMENCEMENT OF CIVIL ACTION FOR may also consider information related to the RESPONSE COSTS AND DAMAGES.— retary, taking appropriate actions to re- spond to and mitigate the harm and restor- ability of the violator to pay. (1) COMMENCEMENT.—The Attorney Gen- ‘‘(4) NOTICE.—No penalty or permit sanc- ing or replacing the coral reef or components eral, upon the request of the Secretary, may tion shall be assessed under this subsection thereof and reimbursing the Secretary for all commence a civil action against any person until after the person charged has been given assessment costs.’’. or vessel that may be liable under subsection notice and an opportunity for a hearing. SEC. 12. ENFORCEMENT. (a) of this section for response costs, seizure, (5) IN REM JURISDICTION.—A vessel used in forfeiture, storage, or disposal costs, and The Coral Reef Conservation Act of 2000 (16 violating this Act, any regulation promul- damages, and interest on that amount cal- U.S.C. 6401 et seq.) is amended by inserting a gated under this Act, or any permit issued culated in the manner described under sec- new section 211 as follows: under this Act, shall be liable in rem for any tion 2705 of Title 33. The Secretary, acting as ‘‘SEC. 211. ENFORCEMENT. civil penalty assessed for such violation. trustee for coral reefs for the United States, ‘‘(a) IN GENERAL.—The Secretary shall con- Such penalty shall constitute a maritime shall submit a request for such an action to duct enforcement activities to carry out this lien on the vessel and may be recovered in an the Attorney General whenever a person Act. action in rem in the district court of the may be liable for such costs or damages. ‘‘(b) POWERS OF AUTHORIZED OFFICERS.— United States having jurisdiction over the ‘‘(2) VENUE IN CIVIL ACTIONS.—A civil ac- Any person who is authorized to enforce this vessel. tion under this Act may be brought in the Act may— ‘‘(6) COLLECTION OF PENALTIES.—If any per- United States district court for any district ‘‘(1) board, search, inspect, and seize any son fails to pay an assessment of a civil pen- in which— vessel or other conveyance suspected of alty under this section after it has become a ‘‘(A) the defendant is located, resides, or is being used to violate this Act, any regula- final and unappealable order, or after the ap- doing business, in the case of an action tion promulgated under this Act, or any per- propriate court has entered final judgment against a person; mit issued under this Act, and any equip- in favor of the Secretary, the Secretary shall ‘‘(B) the vessel is located, in the case of an ment, stores, and cargo of such vessel; refer the matter to the Attorney General, action against a vessel; ‘‘(2) seize wherever found any component of who shall recover the amount assessed in ‘‘(C) the destruction of, loss of, or injury to coral reef taken or retained in violation of any appropriate district court of the United a coral reef, or component thereof, occurred this Act, any regulation promulgated under States (plus interest at current prevailing or in which there is an imminent risk of such this Act, or any permit issued under this rates from the date of the final order). In destruction, loss, or injury; or Act; such action, the validity and appropriateness ‘‘(D) where some or all of the coral reef(s) ‘‘(3) seize any evidence of a violation of of the final order imposing the civil penalty or componentsthereof that are the subject of this Act, any regulation promulgated under shall not be subject to review. Any person the action are not within the territory cov- this Act, or any permit issued under this who fails to pay, on a timely basis, the ered by any United States district court, Act; amount of an assessment of a civil penalty such action may be brought either in the ‘‘(4) execute any warrant or other process shall be required to pay, in addition to such United States district court for the district issued by any court of competent jurisdic- amount and interest, attorney’s fees and closest to the location where the destruc- tion; costs for collection proceedings and a quar- tion, loss, injury, or risk of injury occurred, ‘‘(5) exercise any other lawful authority; terly nonpayment penalty for each quarter or in the United States District Court for the and during which such failure to pay persists. District of Columbia. ‘‘(6) arrest any person, if there is reason- Such nonpayment penalty shall be in an ‘‘(d) USE OF RECOVERED AMOUNTS.—Any able cause to believe that such person has amount equal to 20 percent of the aggregate costs, including response costs and damages committed an act prohibited by section 209. amount of such person’s penalties and non- recovered by the Secretary under this sec- ‘‘(c) CIVIL ENFORCEMENT AND PERMIT SANC- payment penalties that are unpaid as of the tion shall— TIONS.— beginning of such quarter. ‘‘(1) as appropriate be deposited into an ac- ‘‘(1) CIVIL ADMINISTRATIVE PENALTY.—Any ‘‘(7) COMPROMISE OR OTHER ACTION BY SEC- count or accounts in the Damage Assessment person subject to the jurisdiction of the RETARY.—The Secretary may compromise, Restoration Revolving Fund established by United States who violates this Act or any modify, or remit, with or without conditions, Public Law 101–515, 104 Stat. 2101 (1990) (33 regulation promulgated or permit issued any civil administrative penalty or permit U.S.C. 2706 note), or the Natural Resource thereunder, shall be liable to the United sanction which is or may be imposed under Damage Assessment Fund created pursuant States for a civil administrative penalty of this section and that has not been referred to

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.078 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7383 the Attorney General for further enforce- tained in violation of this Act or of a regula- shall be included within the judicial district ment action. tion promulgated under this Act. of the District Court of the United States for ‘‘(8) JURISIDICATION OF COURTS.—The sev- ‘‘(e) PAYMENT OF STORAGE, CARE, AND the District of Hawaii. Each violation shall eral district courts of the United States shall OTHER COSTS.—Any person assessed a civil be a separate offense and the offense shall be have jurisdiction over any actions brought penalty for a violation of this Act or of any deemed to have been committed not only in by the United States arising under this sec- regulation promulgated under this Act and the district where the violation first oc- tion. For the purpose of this section, Amer- any claimant in a forfeiture action brought curred, but also in any other district as au- ican Samoa shall be included within the ju- for such a violation, shall be liable for the thorized by law. Any offenses not committed dicial district of the District Court of the reasonable costs incurred by the Secretary in any district are subject to the venue pro- United States for the District of Hawaii. in storage, care, and maintenance of any visions of Title 18, Section 3238. Each violation shall be a separate offense property seized in connection with the viola- ‘‘(h) SUBPOENAS.—In the case of any inves- and the offense shall be deemed to have been tion. tigation or hearing under this section or any ‘‘(f) EXPENDITURES.— committed not only in the district where the other natural resource statute administered ‘‘(1) Notwithstanding section 3302 of Title violation first occurred, but also in any by the National Oceanic and Atmospheric 31 or section 1861 of Title 16, United States other district as authorized by law. Administration which is determined on the Code, amounts received by the United States record in accordance with the procedures (d) FORFEITURE.— as civil penalties under section 211(c) of this provided for under section 554 of Title 5, ‘‘(1) CRIMINAL FORFEITURE.—A person who bill, forfeitures of property under section is convicted of an offense in violation of this United States Code, the Secretary may issue 211(d), and costs imposed under section subpoenas for the attendance and testimony Act shall forfeit to the United States— 211(e), shall— of witnesses and the production of relevant ‘‘(A) any property, real or personal, consti- ‘‘(A) be placed into an account; papers, books, electronic files, and docu- tuting or traceable to the gross proceeds ‘‘(B) be available for use by the Secretary ments, and may administer oaths. taken, obtained, or retained, in connection without further appropriation; and ‘‘(i) COAST GUARD AUTHORITY NOT LIM- with or as a result of the offense, including, ‘‘(C) remain available until expended. ITED.—Nothing in this section shall be con- without limitation, any coral reef or coral ‘‘(2) Amounts received under this section sidered to limit the authority of the Coast reef component (or the fair market value for forfeitures under section 211(d) and costs Guard to enforce this or any other Federal thereof); and imposed under section 211(e) shall be used to law under section 89 of Title 14, United ‘‘(B) any property, real or personal, used or pay the reasonable and necessary costs in- States Code. intended to be used, in any manner, to com- curred by the Secretary to provide tem- ‘‘(j) INJUNCTIVE RELIEF.— mit or facilitate the commission of the of- porary storage, care, maintenance, and dis- ‘‘(1) If the Secretary determines that there fense, including, without limitation, any ves- posal of any property seized in connection is an imminent risk of destruction or loss of sel (including the vessel’s equipment, stores, with a violation of this Act or any regula- or injury to a coral reef, or that there has catch and cargo), vehicle, aircraft, or other tion promulgated under this Act. been actual destruction or loss of, or injury means of transportation. Pursuant to Title ‘‘(3) Amounts received under this section to, a coral reef which may give rise to liabil- 28, Section 2461(c), the provisions of section as civil penalties under section 211(c) of this ity under section 210 of this title, the Attor- 413 of the Controlled Substances Act (21 bill and any amounts remaining after the op- ney General, upon request of the Secretary, U.S.C. 853) with the exception of subsection eration of paragraph (2) shall be used as fol- shall seek to obtain such relief as may be (d) of that section shall apply to criminal lows— necessary to abate such risk or actual de- forfeitures under this section. ‘‘(A) to stabilize, restore, or otherwise struction, loss, or injury, or to restore or re- ‘‘(2) CIVIL FORFEITURE.—The property set manage the coral reef with respect to which place the coral reef, or both. The district forth below shall be forfeited to the United the violation occurred that resulted in the courts of the Unites States shall have juris- States in accordance with the provisions of penalty or forfeiture; diction in such a case to order such relief as Chapter 46 of Title 18, and no property right ‘‘(B) to be transferred to the Emergency the public interest and the equities of the shall exist in it— Response, Stabilization and Restoration Ac- case may require. ‘‘(A) any property, real or personal, consti- count established under section 208(d) or an ‘‘(2) Upon the request of the Secretary, the tuting or traceable to the gross proceeds account referenced in section 210(d)(1) of this Attorney General may seek to enjoin any taken, obtained, or retained, in connection Act, to reimburse such account for amounts person who is alleged to be in violation of with or as a result of a violation of this Act, used for authorized emergency actions; any provision of this Act, or any regulation including, without limitation, any coral reef ‘‘(C) to conduct monitoring and enforce- or permit issued under this Act, and the dis- or coral reef component (or the fair market ment activities; trict courts shall have jurisdiction to grant value thereof); and ‘‘(D) to conduct research on techniques to such relief. ‘‘(B) any property, real or personal, used or stabilize and restore coral reefs; ‘‘(k) AREA OF APPLICATION AND ENFORCE- intended to be used, in any manner, to com- ‘‘(E) to conduct activities that prevent or ABILITY.—The area of application and en- mit or facilitate the commission of a viola- reduce the likelihood of future damage to forceability of this Act includes the internal tion of this Act, including, without limita- coral reefs; waters of the United States, the territorial tion, any vessel (including the vessel’s equip- ‘‘(F) to stabilize, restore or otherwise man- sea of the United States, as described in ment, stores, catch and cargo), vehicle, air- age any other coral reef; or Presidential Proclamation 5928 of December craft, or other means of transportation. ‘‘(G) to pay a reward to any person who 27, 1988, the Exclusive Economic Zone of the ‘‘(3) APPLICATION OF THE CUSTOMS LAWS.— furnishes information leading to an assess- United States as described in Presidential All provisions of law relating to seizure, ment of a civil penalty, or to a forfeiture of Proclamation 5030 of March 10, 1983, and the summary and judicial forfeiture and con- property, for a violation of this Act or any continental shelf, consistent with inter- demnation for violation of the customs laws, regulation promulgated under this Act. national law. the disposition of the property forfeited or ‘‘(g) CRIMINAL ENFORCEMENT.— ‘‘(l) NATIONWIDE SERVICE OF PROCESS.—In condemned or the proceeds from the sale ‘‘(1) Any person (other than a foreign gov- any action by the United States under this thereof; the remission or mitigation of such ernment or any entity of such government) Act, process may be served in any district forfeitures; and the compromise of claims who knowingly commits any act prohibited where the defendant is found, resides, trans- shall apply to seizures and forfeitures in- by section 209(b) of this Act shall be impris- acts business, or has appointed an agent for curred, or alleged to have been incurred, oned for not more than five years and shall the service of process, and for civil cases under the provisions of this Act, insofar as be fined not more than $500,000 for individ- may also be served in a place not within the applicable and not inconsistent with the pro- uals or $1,000,000 for an organization; except United States in accordance with Rule 4 of visions hereof. However, with respect to sei- that if in the commission of any such offense the Federal Rules of Civil Procedure. zures and forfeitures of property under this the individual uses a dangerous weapon, en- ‘‘(m) VENUE IN CIVIL ACTIONS.—A civil ac- section by the Secretary, such duties as are gages in conduct that causes bodily injury to tion under this Act may be brought in the imposed upon the customs officer or any any officer authorized to enforce the provi- United States district court for any district other person with respect to the seizure and sions of this Act, or places any such officer in which— forfeiture of property under the customs law in fear of imminent bodily injury, the max- ‘‘(1) the defendant is located, resides, or is may be performed by such officers as are des- imum term of imprisonment is not more doing business, in the case of an action ignated by the Secretary or, upon request of than ten years. against a person; the Secretary, by any other agency that has ‘‘(2) Any person (other than a foreign gov- ‘‘(2) the vessel is located, in the case of an authority to manage and dispose of seized ernment or any entity of such government) action against a vessel; property. who knowingly violates sections 209(a) or ‘‘(3) the destruction of, loss of, or injury to ‘‘(4) PRESUMPTION.—For the purposes of 209(c) shall be fined under Title 18 or impris- a coral reef, or component thereof, occurred this section there is a rebuttable presump- oned not more than five years or both. or in which there is an imminent risk of such tion that all coral reefs, or components ‘‘(3) The several district courts of the destruction, loss, or injury; or thereof, found on board a vessel that is used United States shall have jurisdiction over ‘‘(4) where some or all of the coral reef(s) or seized in connection with a violation of any actions brought by the United States or components thereof that are the subject this Act or of any regulation promulgated arising under this subsection. For the pur- of the action are not within the territory under this Act were taken, obtained, or re- pose of this subsection, American Samoa covered by any United States district court,

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.078 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7384 CONGRESSIONAL RECORD — SENATE June 7, 2007 such action may be brought either in the agreements in place between the Secretary the development of management strategies United States district court for the district and States affected by sections 208(d) for marine protected areas and marine re- closest to the location where the destruc- through 212 of this Act shall be updated to sources consistent with the National Marine tion, loss, injury, or risk of injury occurred, include enforcement of this Act where appro- Sanctuaries Act (16 U.S.C. 1431 et seq.) and or in the United States District Court for the priate.’’. the Magnuson-Stevens Fishery Conservation District of Columbia.’’. SEC. 15. REGULATIONS. and Management Act (16 U.S.C. 1801 et seq.); SEC. 13. PERMITS. The Coral Reef Conservation Act of 2000 (16 law enforcement; conflict resolution initia- The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended by inserting a tives; community outreach and education; U.S.C. 6401 et seq.) is amended by inserting a new section 214 as follows: and that promote safe and ecologically sound new section 212 as follows: ‘‘SEC. 214. REGULATIONS. navigation. ‘‘(3) CORAL.—The term ‘coral’ means spe- ‘‘SEC. 212. PERMITS. ‘‘The Secretary may issue such regulations cies of the phylum Cnidaria, including— ‘‘(a) IN GENERAL.—The Secretary may as are necessary and appropriate to carry ‘‘(A) all species of the orders Antipatharia allow for the conduct of activities that out the purposes of this Act. This Act and (black corals), Scleractinia (stony corals), would otherwise be prohibited by this Act or any regulations promulgated under this Act Gorgonacea (horny corals), Stolonifera regulations issued thereunder through, in ac- shall be applied in accordance with inter- (organpipe corals and others), Alcyonacea cordance with such regulations, issuance of national law. No restrictions shall apply to (soft corals), and Helioporacea (blue coral), coral reef conservation permits. or be enforced against a person who is not a of the class Anthozoa; and ‘‘(b) FINDINGS.—No permit may be issued citizen, national, or resident alien of the ‘‘(B) all species of the families unless the Secretary finds— United States (including foreign flag vessels) Milleporidea (fire corals) and Stylasteridae ‘‘(1) the activity proposed to be conducted unless in accordance with international (stylasterid hydrocorals) of the class is compatible with one or more of the pur- law.’’. Hydrozoa. poses in section 202(b) of this Act; SEC. 16. EFFECTIVENESS REPORT. ‘‘(4) CORAL REEF.—Coral Reefs are defined ‘‘(2) the activity conforms to the provi- Section 215 of the Coral Reef Conservation as limestone structures composed in whole sions of all other laws and regulations appli- Act of 2000 (16 U.S.C. 6407), as redesignated or in part of living zooxanthellate stony cor- cable to the area for which such permit is to by section 2, is amended to read as follows: als (Class Anthozoa, Order Scleractinia), as be issued; and ‘‘SEC. 215. EFFECTIVENESS REPORT. described in section 217(3), their skeletal re- ‘‘(3) there is no practicable alternative to ‘‘Not later than 2 years after the date on mains, or both, and including other coral, as- conducting the activity in a manner that de- which the Secretary publishes the Report on sociated sessile invertebrates and plants, and stroys, causes the loss of, or injures any U.S. Coral Reef Task Force Agency Activi- any adjacent or associated seagrasses. coral reef or any component thereof. ties 2002 to 2003 and every 2 years thereafter, ‘‘(5) CORAL REEF COMPONENT.—The term ‘‘(c) TERMS AND CONDITIONS.—The Sec- the Secretary shall submit to the Committee ‘coral reef component’ means any part of a retary may place any terms and conditions on Commerce, Science, and Transportation coral reef, including individual living or dead on a permit issued under this section that of the Senate and the Committee on Natural corals, associated sessile invertebrates and the Secretary deems reasonable. Resources of the House of Representatives a plants, and any adjacent or associated ‘‘(d) FEES.— report describing all activities undertaken seagrasses. ‘‘(1) ASSESSMENT AND COLLECTION.—Subject to implement the strategy, under section 203, ‘‘(6) CORAL REEF ECOSYSTEM.—The term to any regulations issued under this Act, the including a description of the funds obli- ‘coral reef ecosystem’ means the system of Secretary may assess and collect fees as gated each fiscal year to advance coral reef coral reefs and geographically associated specified in this subsection. ecosystem conservation. This report will species and habitats, including but not lim- ‘‘(2) AMOUNT.—Any fee assessed shall be cover the time period since the last report ited to mangroves and seagrass habitats, equal to the sum of— was submitted.’’. their living marine resources, the people, the ‘‘(A) all costs incurred, or expected to be SEC. 17. AUTHORIZATION OF APPROPRIATIONS. environment, and the processes that control incurred, by the Secretary in processing the Section 216 of the Coral Reef Conservation its dynamics. permit application, including indirect costs; Act of 2000 (16 U.S.C. 6408), as redesignated ‘‘(7) CORAL PRODUCTS.—The term ‘coral and by section 2, is amended to read as follows: products’ means any living or dead speci- ‘‘(B) if the permit is approved, all costs in- mens, parts, or derivatives, or any product ‘‘SEC. 216. AUTHORIZATION OF APPROPRIATIONS. curred, or expected to be incurred, by the containing specimens, parts, or derivatives, ‘‘(a) IN GENERAL.—There are authorized to Secretary as a direct result of the conduct of of any species referred to in paragraph (3). be appropriated to the Secretary to carry the activity for which the permit is issued, ‘‘(8) DAMAGES.—The term ‘damages’ in- including costs of monitoring the conduct of out this Act, including for the Emergency cludes— the activity and educating the public about Response, Stabilization and Restoration Ac- ‘‘(A) compensation for— the activity and coral reef resources related count established under section 208(d), ‘‘(i) the cost of replacing, restoring, or ac- to the activity. $25,797,000 in fiscal year 2008 and such sums quiring the equivalent of the coral reef, or ‘‘(3) USE OF FEES.—Amounts collected by as may be necessary for each of fiscal years component thereof; and the Secretary in the form of fees under this 2009 through 2012. ‘‘(ii) the lost services of, or the value of the section shall be collected and available for ‘‘(b) ADMINISTRATION.—Of the amounts ap- lost use of, the coral reef or component use only to the extent provided in advance in propriated under subsection (a), not more thereof, or the cost of activities to minimize appropriations Acts and may be used by the than 10 percent of the amounts appropriated, or prevent threats of, equivalent injury to, Secretary for issuing and administering per- may be used for program administration or or destruction of coral reefs or components mits under this section. for overhead costs incurred by the National thereof, pending restoration or replacement ‘‘(4) WAIVER OR REDUCTION OF FEES.—For Oceanic and Atmospheric Administration or or the acquisition of an equivalent coral reef any fee assessed under paragraph (2) of this the Department of Commerce and assessed as or component thereof; subsection, the Secretary may— an administrative charge.’’. ‘‘(B) the reasonable cost of damage assess- ‘‘(A) accept in-kind contributions in lieu of SEC. 18. DEFINITIONS. ments under section 210; a fee; or Section 217 of the Coral Reef Conservation ‘‘(C) the reasonable costs incurred by the ‘‘(B) waive or reduce the fee. Act of 2000 (16 U.S.C. 6409), as redesignated Secretary in implementing section 208(d); (e) FISHING.—Nothing in this section shall by section 2, is amended to read as follows: ‘‘(D) the reasonable cost of monitoring ap- be considered to require a person to obtain a ‘‘SEC. 217. DEFINITIONS. propriate to the injured, restored, or re- permit under this section for the conduct of ‘‘In this title: placed resources; any fishing activities not prohibited by this ‘‘(1) BIODIVERSITY.—The term ‘biodiversity’ ‘‘(E) the reasonable cost of curation, con- Act or regulations issued thereunder.’’. means the variability among living orga- servation and loss of contextual information SEC. 14. COORDINATION WITH STATES AND TER- nisms from all sources including, inter alia, of any coral encrusted archeological, histor- RITORIES. terrestrial, marine and other aquatic eco- ical, and cultural resource; The Coral Reef Conservation Act of 2000 (16 systems and the ecological complexes of ‘‘(F) the cost of legal actions under section U.S.C. 6401 et seq.) is amended by inserting a which they are part; this includes diversity 210, undertaken by the United States, associ- new section 213 as follows: within species, between species and of eco- ated with the destruction or loss of, or injury ‘‘SEC. 213. COORDINATION WITH STATES AND systems. to, a coral reef or component thereof, includ- TERRITORIES. (2) CONSERVATION.—The term ‘conserva- ing the costs of attorney time and expert ‘‘(a) RESPONSE AND RESTORATION ACTIVI- tion’ means the use of methods and proce- witness fees; and TIES.—The Secretary shall, when appro- dures necessary to preserve or sustain corals ‘‘(G) the indirect costs associated with the priate, enter into a written agreement with and associated species as diverse, viable, and costs listed in subparagraphs (A) through (F) any affected State regarding the manner in self-perpetuating coral reef ecosystems, in- of this paragraph. which response and restoration activities cluding all activities associated with re- ‘‘(9) EMERGENCY ACTIONS.—The term ‘emer- will be conducted within the affected State’s source management, such as assessment, gency actions’ means all necessary actions waters. conservation, protection, restoration, sus- to prevent or minimize the additional de- ‘‘(b) COOPERATIVE ENFORCEMENT AGREE- tainable use, and management of habitat; struction or loss of, or injury to, coral reefs MENTS.—All cooperative enforcement mapping; habitat monitoring; assistance in or components thereof, or to minimize the

VerDate Aug 31 2005 06:01 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.078 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7385 risk of such additional destruction, loss, or ‘‘(2) review of all other final agency actions S. 1584. A bill to reauthorize and injury. of the Secretary under this Act may be had amend the Hydrographic Services Im- ‘‘(10) EXCLUSIVE ECONOMIC ZONE.—The term only by the filing of a petition for review by provement Act, and for other purposes; ‘Exclusive Economic Zone’ means the waters an interested person in the Circuit Court of to the Committee on Commerce, of the Exclusive Economic Zone of the Appeals of the United States for the federal United States under Presidential Proclama- judicial district in which such person resides Science, and Transportation. tion 5030, dated March 10, 1983. or transacts business which is directly af- Mr. President, I ask unanimous con- ‘‘(11) LOCAL ACTION STRATEGY.—The term fected by the action taken; such petition sent that the text of the bill be printed ‘Local Action Strategy’ refers to a plan de- shall be filed within 120 days from the date in the RECORD. veloped within each of the seven U.S. Coral such final agency action is taken. There being no objection, the text of Reef Task Force member states for collabo- ‘‘(b) Final agency action with respect to the bill was ordered to be printed in rative action among federal, state, territory which review could have been obtained under the RECORD, as follows: and non-governmental partners, which iden- subsection (a)(2) shall not be subject to judi- tifies priority actions needed to reduce key cial review in any civil or criminal pro- S. 1584 threats to valuable coral reef resources. ceeding for enforcement. Be it enacted by the Senate and House of Rep- ‘‘(12) PERSON.—The term ‘person’ means (c) In any judicial proceeding under sub- resentatives of the United States of America in any individual; private or public corporation, section (a), the court may award costs of liti- Congress assembled, partnership, trust, institution, association, gation (including reasonable attorney and SECTION 1. SHORT TITLE. or any other public or private entity, wheth- expert witness fees) to any prevailing party This Act may be cited as the ‘‘Hydro- er foreign or domestic; private person or en- whenever it determines that such award is graphic Services Improvement Act Amend- tity, or any officer, employee, agent, Depart- appropriate.’’. ments of 2007’’. ment, agency, or instrumentality of the Fed- SEC. 20. THE DEPARTMENT OF THE INTERIOR SEC. 2. REDESIGNATIONS. eral Government, of any State or local unit PROGRAM. The Hydrographic Services Improvement of government, or of any foreign govern- (a) DEFINITIONAL AMENDMENTS AND CLARI- Act of 1998 is amended by redesignating sec- ment. FICATIONS.— tions 302 through 306 (33 U.S.C. 892d) as sec- ‘‘(13) RESPONSE COSTS.—The term ‘response (1) Section 8 of the Act of March 10, 1934 (16 tions 303 through 307, respectively. U.S.C. 666b), commonly known as the Fish costs’ means the costs of actions taken or SEC. 3. ADDITION OF FINDINGS AND PURPOSES. and Wildlife Coordination Act, is amended authorized by the Secretary to minimize de- The Hydrographic Services Improvement struction or loss of, or injury to, a coral reef, by inserting at the end thereof the words ‘‘, Act of 1998 (33 U.S.C. 892 et seq.) is amended or component thereof, or to minimize the including coral reef ecosystems (as such by inserting a new section 302 as follows: imminent risks of such destruction, loss, or term is defined in section 217(b) of the Coral injury, including costs related to seizure, Reef Conservation Act of 2000, as amended)’’; ‘‘SEC. 302. FINDINGS AND PURPOSES forfeiture, storage, or disposal arising from (2) With respect to the authorities under ‘‘(a) FINDINGS.—The Congress finds that— liability under section 210. the Act of August 8, 1956 (16 U.S.C. 742a et. ‘‘(1) in 2007, the Nation celebrates the 200th ‘‘(14) SECRETARY.—The term ‘Secretary’ seq.), as amended, commonly known as the anniversary of its oldest scientific agency, means— Fish and Wildlife Act of 1956; and under Pub- the Survey of the Coast, which was author- ‘‘(A) for purposes of sections 201 through lic Law 95–616 (16 U.S.C. 742l), as amended, ized by Congress and created by President 208 and sections 215 through 217, the Sec- commonly known as the Fish and Wildlife Thomas Jefferson in 1807 to conduct surveys retary of Commerce; and Improvement Act of 1978, references in such of the coast and provide nautical charts for ‘‘(B) for purposes of sections 209 through Acts to ‘‘wildlife’’ or ‘‘fish and wildlife’’ shall safe passage through the Nation’s ports and 214 and section 218— be construed to include coral reef eco- along its extensive coastline; ‘‘(i) the Secretary of the Interior for any systems (as such term is defined in section ‘‘(2) these mission requirements and capa- coral reef or component thereof located in (I) 217(b) of the Coral Reef Conservation Act of bilities, which today are located in the Na- the National Wildlife Refuge System, (II) the 2000, as amended). tional Oceanic and Atmospheric Administra- National Park System, and (III) the waters (b) ASSISTANCE TO INSULAR AREAS.—Sec. tion, evolved over time to include research, surrounding Wake Island under the jurisdic- 601 of Public Law 96–597 (48 U.S.C. 1469d), as development, operations, products, and serv- tion of the Secretary of the Interior, as set amended, is amended by redesignating exist- ices associated with hydrographic, geodetic, forth in Executive Order 11048 (27 Fed. Reg. ing subsection (d) as (e), and by inserting: shoreline and baseline surveying; cartog- 8851 (Sept. 4, 1962)); or ‘‘(d) CORAL REEFS.—The Secretary of the raphy, mapping, and charting; tides, cur- ‘‘(ii) the Secretary of Commerce for any Interior is authorized to extend to the gov- rents, and water level observations; mainte- coral reef or component thereof located in ernments of American Samoa, the Common- nance of a national spatial reference system, any area not governed by clause (B)(i). wealth of the Northern Mariana Islands, and associated products and services; ‘‘(15) SERVICE.—Within section 217(7), the Guam, and the Virgin Islands, and their ‘‘(3) there is a need to maintain federal ex- term ‘service’ means function(s), ecological agencies and instrumentalities, financial and pertise and capability in hydrographic data or otherwise, performed by a coral reef, or technical assistance for the conservation of and services to support a safe and efficient component thereof. coral reef ecosystems (as such term is de- marine transportation system for the en- ‘‘(16) STATE.—The term ‘State’ means any fined in the Coral Reef Conservation Act of hancement and promotion of international State of the United States that contains a 2000 [Pub. L. No. 106–562, 114 Stat. 2794 (2000)], trade and interstate commerce vital to the coral reef ecosystem within its seaward as amended) under the jurisdiction of such Nation’s economic prosperity and for myriad boundaries, American Samoa, Guam, the governments.’’. other commercial and recreational activi- Northern Mariana Islands, Puerto Rico, and (c) The Coral Reef Conservation Act of 2000 ties; the Virgin Islands, and any other territory (16 U.S.C. 6401 et seq.) is amended by insert- ‘‘(4) the Nation’s marine transportation or possession of the United States, or sepa- ing a new section 219 as follows: system is becoming increasingly congested, rate sovereign in free association with the ‘‘SEC. 219. DEPARTMENT OF THE INTERIOR. the volume of international maritime com- United States, that contains a coral reef eco- CORAL REEF CONSERVATION ASSIST- merce is expected to double within the next system within its seaward boundaries. ANCE.—The Secretary of the Interior may 20 years, and nearly half of the cargo ‘‘(17) TERRITORIAL SEA.—The term ‘Terri- provide technical and financial assistance to transiting U.S. waters is oil, refined petro- torial Sea’ means the waters of the Terri- States, American Samoa, the Common- leum products, or other hazardous sub- torial Sea of the United States under Presi- wealth of the Northern Mariana Islands, stances; dential Proclamation 5928, dated December Guam, Puerto Rico and the Virgin Islands, ‘‘(5) in addition to commerce, hydrographic 27, 1988.’’. for management and conservation of coral data and services support other national SEC. 19. JUDICIAL REVIEW. reef ecosystems, including implementation needs for the Great Lakes and coastal wa- The Coral Reef Conservation Act of 2000 (16 of Local Action Strategies. The Secretary ters, the territorial sea, the Exclusive Eco- U.S.C. 6401 et seq.) is amended by inserting a shall coordinate coral reef conservation ac- nomic Zone, and the continental shelf of the new section 218 as follows: tivities under the Act of March 10, 1934 (16 United States, including emergency re- ‘‘SEC. 218. JUDICIAL REVIEW. U.S.C. 666b), as amended, commonly known sponse; homeland security; marine resource ‘‘(a) Judicial review of any action taken by as the Fish and Wildlife Coordination Act, conservation; coastal resiliency to sea-level the Secretary under this Act shall be in ac- Public Law 95–616 (16 U.S.C. 742l), as amend- rise, coastal inundation, and other hazards; cordance with sections 701 through 706 of ed, commonly known as the Fish and Wild- ocean and coastal science advancement; and Title 5, except that— life Improvement Act of 1978, Public Law 96- improved and integrated ocean and coastal ‘‘(1) review of any final agency action of 597 (48 U.S.C. 1469d), as amended, with those mapping and observations for an integrated the Secretary taken pursuant to sections coral reef conservation activities of other ocean observing system; 211(c)(1) and 211(c)(2) may be had only by the agencies and partners, including those ac- ‘‘(6) the National Oceanic and Atmospheric filing of a complaint by an interested person tivities carried out through the U.S. Coral Administration, in cooperation with other in the United States District Court for the Reef Task Force.’’. agencies and the States, serves as the Na- appropriate district; any such complaint tion’s leading civil authority for establishing must be filed within thirty days of the date By Mr. INOUYE (for himself and and maintaining national standards and da- such final agency action is taken; and Mr. STEVENS) (by request): tums for hydrographic data and services;

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‘‘(7) the Director of the National Oceanic ‘‘(5) COAST AND GEODETIC SURVEY ACT.— ‘‘(A) The panel shall consist of 15 voting and Atmospheric Administration’s Office of The term ‘Coast and Geodetic Survey Act’ members who shall be appointed by the Ad- Coast Survey serves as the U.S. National Hy- means the Act entitled ‘An Act to define the ministrator. The Co-directors of the Joint drographer and the primary U.S. representa- functions and duties of the Coast and Geo- Hydrographic Institute and no more than tive to the international hydrographic com- detic Survey, and for other purposes’, ap- two employees of the National Oceanic and munity, including the International Hydro- proved August 6, 1947 (33 U.S.C. 883a et Atmospheric Administration appointed by graphic Organization; seq.).’’. the Administrator shall serve as nonvoting ‘‘(8) the hydrographic expertise, data, and SEC. 5. CHANGES IN FUNCTIONS OF THE ADMIN- members of the panel. The voting members services of the National Oceanic and Atmos- ISTRATOR. of the panel shall be individuals who, by rea- pheric Administration provide the under- Section 304 of the Hydrographic Services son of knowledge, experience, or training, lying and authoritative basis for baseline Improvement Act of 1998 (33 U.S.C. 892a), as are especially qualified in one or more of the and boundary demarcation, including the es- redesignated by section 2, is amended— disciplines and fields relating to hydro- tablishment of marine and coastal terri- (1) in subsection (a)— graphic data and hydrographic services, as (A) in the stem by striking ‘‘To fulfill the torial limits and jurisdiction, such as the Ex- defined in this Act, and other disciplines as data gathering and dissemination duties of clusive Economic Zone; and determined appropriate by the Adminis- the Administration under the Act of 1947,’’ ‘‘(9) research, development and application trator.’’; and inserting ‘‘To fulfill the data gathering of new technologies will further increase ef- (3) in subsections (c)(1)(C), (c)(3), and (e) by and dissemination duties of the Administra- ficiency, promote the Nation’s competitive- striking ‘‘Secretary’’ and inserting ‘‘Admin- tion under the Coast and Geodetic Survey ness, provide social and economic benefits, istrator’’; and Act, promote safe, efficient, and environ- enhance safety and environmental protec- (4) by amending subsection (d) to read as mentally sound marine transportation, and tion, and reduce risks. follows: ‘‘(b) PURPOSES.—The purposes of this Act otherwise fulfill the purposes of this Act,’’; are to— (B) in paragraph (1) by striking ‘‘data;’’ ‘‘(d) COMPENSATION.—Voting members of the panel shall be reimbursed for actual and ‘‘(1) augment the ability of the National and inserting ‘‘data and provide hydro- reasonable expenses, such as travel and per Oceanic and Atmospheric Administration to graphic services;’’; diem, incurred in the performance of such fulfill its responsibilities under this and (2) by amending subsection (b) to read as duties.’’. other authorities; follows: ‘‘(2) provide more accurate and up-to-date ‘‘(b) AUTHORITIES.—To fulfill the data gath- SEC. 8. CHANGES TO AUTHORIZATION OF APPRO- hydrographic data and services in support of ering and dissemination duties of the Admin- PRIATIONS. safe and efficient international trade and istration under the Coast and Geodetic Sur- Section 307 of the Hydrographic Services interstate commerce, including hydro- vey Act, promote safe, efficient, and environ- Improvement Act of 1998 (33 U.S.C. 892d), as graphic surveys; electronic navigational mentally sound marine transportation, and redesignated by section 2, is amended to read charts; real-time tide, water level, and cur- otherwise fulfill the purposes of this Act, as follows: rent information and forecasting; shoreline subject to the availability of appropria- ‘‘There are authorized to be appropriated tions— surveys; and geodesy and three-dimensional to the Administrator $168,771,000 in fiscal ‘‘(1) the Administrator may procure, lease, positioning data; year 2008 and thereafter such sums as may be evaluate, test, develop, and operate vessels, ‘‘(3) support homeland security, emergency necessary for each of fiscal years 2009 equipment, and technologies necessary to response, ecosystem approaches to marine through 2012 for the purposes of carrying out ensure safe navigation and maintain oper- management, and coastal resiliency by pro- this Act.’’. ational expertise in hydrographic data acqui- viding hydrographic data and services with sition and hydrographic services; many other useful operational, scientific, en- f ‘‘(2) the Administrator shall design, in- gineering, and management applications, in- stall, maintain, and operate real-time hydro- cluding storm surge, tsunami, coastal flood- graphic monitoring systems to enhance navi- SUBMITTED RESOLUTIONS ing, erosion, and pollution trajectory moni- gation safety and efficiency; toring, predictions, and warnings; marine ‘‘(3) where appropriate and to the extent and coastal geographic information systems; that it does not detract from the promotion habitat restoration; long-term sea-level of safe and efficient navigation, the Adminis- SENATE RESOLUTION 224—EX- trends; and more accurate environmental as- trator may acquire hydrographic data and PRESSING THE SENSE OF THE sessments and monitoring; provide hydrographic services to support the ‘‘(4) promote improved integrated ocean SENATE REGARDING THE conservation and management of coastal and and coastal mapping and observations ISRAELI-PALESTINIAN PEACE ocean resources; through increased coordination and coopera- PROCESS ‘‘(4) where appropriate, the Administrator tion; may acquire hydrographic data and provide Mrs. FEINSTEIN (for herself, Mr. ‘‘(5) provide for and support research and hydrographic services to save and protect development in hydrographic data, services LUGAR, Mr. DODD, Mr. HAGEL, Mr. BAU- life and property and support the resumption and related technologies to enhance the effi- CUS, Mr. BYRD, Mr. SUNUNU, Mr. of commerce in response to emergencies, ciency, accuracy and availability of hydro- WHITEHOUSE, and Mr. VOINOVICH) sub- natural and man-made disasters, and home- graphic data and services and thereby pro- mitted the following resolution; which land security and maritime domain aware- mote the Nation’s scientific and techno- ness needs, including obtaining Mission As- was referred to the Committee on For- logical competitiveness; and signments as defined in section 741 of title 6, eign Relations: ‘‘(6) provide national and international United States Code; S. RES. 224 leadership for hydrographic and related serv- ‘‘(5) the Administrator shall have the au- ices, sciences, and technologies.’’. Whereas ending the violence and terror thority to create, support and maintain such SEC. 4. CHANGES IN DEFINITIONS. that have devastated the State of Israel, the Section 303 of the Hydrographic Services joint centers, and to enter into and perform West Bank, and Gaza since September 2000 is Improvement Act of 1998 (33 U.S.C. 892), as such contracts, leases, grants, or cooperative in the vital interests of the United States, redesignated by section 2, is amended— agreements as may be necessary to carry out Israel, and the Palestinian people; (1) by amending paragraph (3) to read as the purposes of this Act; Whereas the ongoing Israeli-Palestinian follows: ‘‘(6) notwithstanding paragraph (5), the Ad- conflict strengthens extremists and oppo- ‘‘(3) HYDROGRAPHIC DATA.—The term ‘hy- ministrator may award contracts for the ac- nents of peace throughout the region; drographic data’ means information acquired quisition of hydrographic data in accordance Whereas more than 7 years of violence, ter- through hydrographic, bathymetric, or with title IX of the Federal Property and Ad- ror, and military engagement have dem- shoreline surveying; geodetic, geospatial, or ministrative Services Act of 1949 (40 U.S.C. onstrated that armed force alone will not geomagnetic measurements; tide, water 1101 et seq.).’’. solve the Israeli-Palestinian dispute; level, and current observations, or other SEC. 6. CHANGES TO QUALITY ASSURANCE PRO- Whereas the vast majority of Israelis and methods, that is used in providing hydro- GRAM. Palestinians want to put an end to decades Section 305 of the Hydrographic Services graphic services.’’; Improvement Act of 1998 (33 U.S.C. 892b), as of confrontation and conflict and live in (2) by amending paragraph (4)(A) to read as redesignated by section 2, is amended in sub- peaceful coexistence, mutual dignity, and se- follows: sections (b)(1)(A) and (b)(2) by striking curity, based on a just, lasting, and com- ‘‘(A) the management, maintenance, inter- ‘‘303(a)(3)’’ and inserting ‘‘304(a)(3)’’. prehensive peace; pretation, certification, and dissemination of SEC. 7. CHANGES IN HYDROGRAPHIC SERVICES Whereas on May 24, 2006, addressing a Joint bathymetric, hydrographic, shoreline, geo- REVIEW PANEL. Session of the United States Congress, Prime detic, geospatial, geomagnetic, and tide, Section 306 of the Hydrographic Services Minister of Israel Ehud Olmert reiterated water level, and current information, includ- Improvement Act of 1998 (33 U.S.C. 892c), as the Government of Israel’s position that ‘‘In ing the production of nautical charts, nau- redesignated by section 2, is amended— a few years, [the Palestinians] could be liv- tical information databases, and other prod- (1) in subsection (b)(1) by striking ‘‘303’’ ing in a Palestinian state, side by side in ucts derived from hydrographic data;’’; and and inserting ‘‘304’’; peace and security with Israel, a Palestinian ‘‘(3) by amending paragraph (5) to read as (2) by amending subsection (c)(1)(A) to read state which Israel and the international follows: as follows: community would help thrive’’;

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