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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS -- (Senate - October 25, 2000)

(B) in subsection (d)(1), by inserting ``(other than sections 1634, 1636, 1637, 1638, and 1639)'' after ``authorized by this title'';

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    (2) in section 1671(c) (43 U.S.C. 390h-14(c)) (as redesignated by section 3(a)(2)), by striking ``section 1633'' and inserting ``section 1672''; and

    (3) in section 1672 (43 U.S.C. 390h-15) (as redesignated by section 3(a)(2))--

    (A) in the section heading, by inserting ``

   

FOR GROUNDWATER STUDY'' before the period; and

    (B) by striking ``section 1632'' and inserting ``section 1671''.

    (b) The table of contents in section 2 of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. prec. 371; Public Law 102-575) is amended--

    (1) by inserting after the item relating to section 1601 the following:

   ``Subtitle A--Specific Projects'';

   and

    (2) by striking the items relating to sections 1631 through 1634 and inserting the following:

   ``Sec..1631..Willow Lake Natural Treatment System Project.

   ``Sec..1632..Castaic Lake Water Agency reclaimed water project.

   ``Sec..1633..Clear Lake Basin water reuse project.

   ``Sec..1634..San Ramon Valley recycled water project.

   ``Sec..1635..Inland Empire regional water recycling project.

   ``Sec..1636..San Pablo Baylands water reuse projects.

   ``Sec..1637..California water recycling program.

   ``Sec..1638..Regional brine lines.

   ``Sec..1639..Lower Chino Dairy Area desalination demonstration and reclamation project.

   ``Sec..1640..Authorization of appropriations.

   ``Subtitle B--Studies and Research

   ``Sec..1671..Groundwater study.

   ``Sec..1672..Authorization of appropriations for groundwater study.

   ``Sec..1673..Research concerning water reuse.''.

   Mr. WELLSTONE.

   S. 3233. A bill to amend title XVIII of the Social Security Act to provide for Medicare beneficiary copayments for outpatient mental health services that are the same as beneficiary copayments for other part B services, and for other purposes; to the Committee on Finance.

   MEDICARE MENTAL HEALTH MODERNIZATION ACT OF 2000

   Mr. WELLSTONE. Mr. President, I rise today to introduce the Medicare Mental Health Modernization Act, a bill to improve the delivery of mental health services through the Medicare health care system. This improvement and modernization of mental health services in the Medicare system is long overdue, as it has remained virtually unchanged since it was enacted by Congress in 1965. In the 35 years since then, the scientific breakthroughs in our understanding of mental illnesses and the enormous improvements in medications and other effective treatments have dramatically changed our understanding and treatment of mental illness. Yet, the health care systems, both public and private, lag behind in its treatment of this potentially life-threatening disease, one that affects the young and the old. As we work to improve health care for all Americans, in all health care systems, the ever-growing population of older Americans make it all the more urgent that we bring the Medicare system into the 21st century, and bring mental health care to those in need.

   Though they are so often not recognized, mental health problems among the elderly are widespread and life-threatening. Americans aged 65 years and older have the highest rate of suicide of any population in the United States, and suicide rates increase with age. While this age group accounts for only 13 percent of the U.S. population, Americans 65 and older account for 20 percent of all suicide deaths. All too often, depression among the elderly is untreated or inappropriately treated, and this disease and other illnesses such as Alzheimer's disease, anxiety, late-life schizophrenia, can lead to severe impairment or death.

   Major depression is strikingly prevalent among older people, with between 8 and 20 percent of older people in community studies showing symptoms of depression. Studies of patients in primary care settings show that up to 37 percent are experiencing such symptoms, although they often go untreated. Depression is not a normal part of aging, but a serious debilitating disease. Almost 20 percent of the population of individuals age 55 and older experience a serious mental disorder. What is most alarming is that most elderly suicide victims--70 percent--have visited their primary care doctor in the month prior to their completed suicide. It is critical that the mental health expertise that is needed be provided within the Medicare system, and that screening, diagnosis, and treatment be provided in a timely manner.

   Medicare coverage for mental health services is markedly different from other outpatient services. In order to receive mental health care, seniors must pay, out of their own pockets, half the cost of a visit to their mental health specialist, an extremely unfair burden to place on the elderly, who are so often facing other health or life difficulties as well.

   We know too that substance abuse, particularly of alcohol and prescription drugs, among adults 65 and older is one of the fastest growing health problems in the United States, with 17 percent of this age group suffering from addiction or substance abuse. While addiction often goes undetected and untreated among older adults, aging and disability only makes the body more vulnerable to the effects of these drugs, further exacerbating underlying health problems, and creating a serious need for treatment that recognizes these vulnerabilities.

   Medicare also provides health care coverage for non-elderly individuals who are disabled, through Social Security Disability Insurance, SSDI. According to the Health Care Financing Agency, HCFA, Medicare is the primary health care coverage for the 5 million non-elderly, disabled people on SSDI. Up to 40 percent of these individuals have a diagnosis of mental illness and/or addiction, and also face severe discrimination in their mental health coverage .

   What will my bill do? The Medicare Mental Health Modernization Act has several important components. First, the bill reduces this discriminatory 50 percent copayment for mental health care to 20 percent, which is equal to the level that applies to every other outpatient service in Medicare. This is straightforward, fair, and the right thing to do. By doing so, this provision will increase access to mental health care overall, especially for those who currently forego seeking treatment, and instead, find themselves suffering from worsening mental health conditions. Secondly, the bill adds intensive residential services to the Medicare mental health benefit package. This provision will give people suffering from mental illnesses such as Alzheimer's disease or late-life schizophrenia an alternative to going to nursing homes. Instead, they will be able to be cared for in their homes or in more appropriate residential settings. I also ask the Secretary for Health and Human Services to conduct a study of the current Medicare coverage criteria to determine the extent to which people with these forms of illnesses are receiving the appropriate care that is needed.

   Finally, my bill expands the number of mental health professionals eligible to provide services through Medicare to include clinical social workers and licensed professional mental health counselors. Provision of adequate mental health services provided through Medicare requires more trained and experienced providers for the aging and growing population and should include those who are appropriately licensed and qualified to deliver such care.

   These changes are needed now. The mental health groups most concerned with medicare improvement are strongly supportive of this bill, including, among others, the American Counseling Association, the National Alliance for the Mentally Ill, the National Mental Health Association, the American Psychological Association, the Bazelon Center for Mental Health Law, and the National Association of State Mental Health Program Directors. The U.S. Surgeon General David Satcher recognized the urgency in his recent reports on mental health : ``Mental Health : A Report of the Surgeon General'' and ``The Surgeon General's Call to Action to Prevent Suicide''. Dr. Satcher stated, ``Disability due to mental illness in individuals over 65 years old will become a major public health problem in the near future because of demographic changes. In particular, dementia, depression, and schizophrenia, among other conditions, will all present special problems for this age group.''

   For too long we have continued to neglect those with mental illness in

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our society, and the Medicare system is no exception. I urge your cosponsorship of this bill as we begin our work in this new century. It is time to treat the elderly in our society, particularly those with serious, debilitating diseases, with the care, respect, and fairness they deserve.

   By Mr. BREAUX (for himself, and Mrs. HUTCHISON):

   S. 3234. A bill to protect the public's ability to fish for sport, and for other purposes, to the Committee on Commerce, Science, and Transportation.

   THE FREEDOM TO FISH ACT

   Mr. BREAUX. Mr. President, I rise today to send to the desk a bill that is called the Freedom to Fish Act. The legislation cosponsored by Senator HUTCHISON addresses an unsettling situation arising over access to our nation's public coastal resources. I understand that it is very late in the session to be introducing new legislation, but I believe this matter is significantly important to require immediate recognition. There is a growing movement to limit the use and enjoyment of America's coastal and ocean waters. This restriction of public access is occurring under the guise of the establishment of marine protected areas. Many in the environmental community are lauding the creation of these undersea national parks as the silver bullet solution to our over-exploited fisheries and degraded habitat. The bill I am introducing today aims to correct a system that would unfairly penalize our nation's approximately ten million marine recreational anglers. For while I support the goal of healthy marine fisheries, I disagree strongly with any method that unnecessarily limits our citizens' access to public waters.

   I believe that my record clearly indicates my dedication to protecting and improving the health of our oceans and coasts. However, I believe that restricting public access to those waters is not the appropriate vehicle for accomplishing that goal in most cases. The notion of a marine park is certainly not new, having its origins in successful land management practices. The establishment of wildlife refuges, national parks and forests has shown clear benefits to the natural species living on those lands and fresh waters. However, in the transfer from the land to the marine waters one very important aspect of the protected area has been neglected. While sport fishing is nearly universally accepted throughout this nation's terrestrial parks, and wilderness areas, those advocating the use of marine parks take pains to specifically restrict the access of recreational anglers. This seems ironic to me, as an increasing number of recreational anglers practice catch and release fishing and all contribute money to their state's fish and game departments through the payment of license fees and taxes. I believe these anglers to be among this nation's first conservationists and their contributions to the resource need to be recognized.

   In response to criticism and attacks against our Nation's sportsmen and women, I introduce the Freedom to Fish Act. The act establishes guidelines and safeguards by which the public's right to use and enjoy these resources is preserved in all but the most serious cases. It provides assurances that the angling public will have a place at the table when decisions are made regarding their use of the resource. Second, the Freedom to Fish Act will ensure that recreational anglers will be prohibited from an area only when they have been shown to be causing significant adverse effects on that fishery resource. Further, should prohibitions be justified, this bill prevents areas larger than scientifically necessary from being closed. In those cases, criteria will be established so that once certain goals have been reached, the area will reopen to the public immediately. Restricting public admission to our coastal waters should not be our first course of action, but rather our last resort. Open access to fishing is the single most important element of recreational fishing. We must defend public access against those that would try to restrict it under the cloak of marine resource protection. With that, I submit the Freedom to Fish Act for your review and discussion.

   Mr. MCCAIN (for himself and Mr. BURNS):

   S. 3235. A bill to amend the Internal Revenue Code of 1986 to provide for a deferral of tax on gain from the sale of telecommunications businesses in specific circumstances or a tax credit and other incentives to promote diversity of ownership in telecommunications businesses; to the Committee on Finance.

   TELECOMMUNICATIONS OWNERSHIP DIVERSITY ACT OF 2000

   Mr. MCCAIN. Mr. President, I rise today to introduce revised legislation that will make sure that new entrants and small businesses will have the chance to enter and grow in today's megacorporation-dominated telecommunications marketplace. Together with my good friend and colleague, Communications Subcommittee Chairman CONRAD BURNS, I am pleased to bring forward for the Senate's consideration The Telecommunications Ownership Diversity Act of 2000.

   Mr. President, no one needs to be told that any small business faces significant barriers in trying to enter the telecommunications industry. These barriers are even more formidable when the entrepreneur happens to be a woman or a member of a minority group, due to their historically more difficult job of obtaining needed financing. Therefore, in this current telecom industry mixer, small businesses, especially those owned by minorities or women, are often left without partners, watching as bigger, more established companies, get to dance.

   That's not right, but there is an answer. The answer isn't to forbid mergers out-of-hand, or to retain hopelessly outdated FCC ownership restrictions, or to pursue constitutionally or economically doomed set-aside programs. The answer is to give established industry players economic incentives to deal with new entrants and small businesses that counterbalance the incentives they have to deal with larger companies.

   And that's what this bill does. The Telecommunications Ownership Diversity Act of 2000 will promote entry into the telecommunications industry during this period of unprecedented restructuring by providing carefully-limited changes to the tax law. These changes to the tax law are an indispensable component of the solution. Under current law, smaller companies typically must purchase properties for cash, and cash transactions are fully taxable to the seller. So naturally sellers of telecommunications businesses prefer to sell for stock, which is tax-deferred, and which large companies have to offer.

   The Act will level the playing field for new entrants and small businesses by giving telecommunications business sellers a tax deferral when the property is bought for cash by a small business telecommunications company. The Act will also encourage the entry of new players and the growth of existing small businesses by enabling the seller of a telecommunications business to claim the tax deferral on capital gains if it invests the proceeds of any sale of its business in purchasing an interest in an eligible small business.

   In recognition of the convergence of telecommunications services and the growing importance of wireless and other services as an essential component of the telecommunications market, the telecommunications businesses eligible for this capital gains tax deferral are broadly defined to include not only broadcast and cable TV-type businesses, but also wireline and wireless telephone service providers and resellers. To eliminate the potential for abuse, the Act would require the eligible purchaser to hold any property acquired for three years, during which time it could only be sold to an unrelated eligible purchaser. The General Accounting Office is required to thoroughly audit and report on the administration and effect of the Act every two years.

   Mr. President, this legislation represents a significant step toward helping to ensure that small companies share a portion of the investment benefits our tax laws give to major telecommunications companies. Over the next several months, we look forward to working with interested organizations to further refine this legislation. Specifically, we would welcome comments on how to further refine the concepts of qualified telecommunications business and eligible purchaser so as to ensure that this legislation meets its

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goals in the most fair and effective manner. Moreover, we note that this legislation contains a ``control'' test that is intended to ensure that this legislation is not subject to abuse--and actually benefits those that it is intended to help. We recognize, however, that this control test may also need to be refined as we go forward.

   Mr. President, hallmark developments in the telecommunications industry have been made by gifted individuals with small companies and unlimited vision. In this sense the telecommunications industry is a true microcosm of the American free-market system, in which the benefits produced by its entrepreneurs generate benefits that extend to all of us. It is therefore critically important that new entrants and small businesses have a chance to participate across the broad spectrum of industries that will make up the telecommunications industry in the Information Age. The Act will help them do that, and Senator BURNS and I are proud to sponsor it and to work for its enactment.

   By Mr. MCCAIN:

   S. 3237. A bill to provide for an international scientific commission to assess changes in global climate patterns, to conduct scientific studies and analyses on behalf of nations, and for other purposes; to the Committee on Commerce, Science, and Transportation.

   INTERNATIONAL CLIMATE CHANGE SCIENCE COMMISSION ACT

   Mr. MCCAIN. Mr. President, this bill provides for the creation of an international scientific commission to assess changes in global climate patterns and to conduct scientific studies and analysis on behalf of the nations of the world.

   The Commerce Committee held three hearings on the subject of climate change this year. We heard from several witnesses on the science of global warming, the impacts of climate change on the United States, and solutions to climate change.


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