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Sen. Moran Introduces Bill to Provide Regulatory Relief to Farmers, Water Users
Duplicative EPA regulations on pesticides prove costly and burdensome, yet provide no additional environmental protections
Jun 04 2015
WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) – U.S. Senate Appropriations Subcommittee on Agriculture Chairman – joined a bipartisan group of senators this week in introducing legislation that would eliminate a costly and redundant U.S. Environmental Protection Agency (EPA) regulation affecting farmers and rural communities across Kansas.
The Sensible Environmental Protection Act (SEPA) seeks to eliminate a redundant and costly requirement that 365,000 pesticide users – including farmers, ranchers, state agencies, cities, counties, mosquito control districts, water districts, pesticide applicators and forest managers – get a Clean Water Act permit before spraying in or near lakes and streams. This is nearly double the number of entities previously subjected to permitting requirements, costing more than $50 million a year. These pesticide users, who perform 5.6 million applications annually, already have to follow stringent label requirements for pesticide application under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), so the Clean Water Act (CWA) permit only adds a duplicative, unnecessary layer of bureaucracy.
“This redundant regulation is hindering economic growth in rural communities and increasing the cost of doing business among farmers and ranchers without improving environmental protection,” Sen. Moran said. “As the EPA continues to implement unreasonable rules that increase burdens for Kansans and citizens across the country, it is vital that Congress provide much-needed relief. Our legislation would eliminate dual permitting requirements and make certain waters users and food producers who are already working to be good stewards of the environment do not face an additional layer of red tape.”
For more than 30 years, the EPA has implemented a comprehensive and rigorous regulatory structure for pesticide applications under what is commonly known as FIFRA, which governs the sale, distribution and use of pesticides, with the goal of protecting human health and the environment. The statute requires pesticides to be evaluated (undergoing more than 100 tests) and registered with EPA, and for users to comply with agency-approved, uniform labeling standards. Unfortunately, despite this federal regulatory framework already being in place, a 2009 court decision forced EPA to begin requiring CWA permits for certain applications of pesticides in or near water. This duplicative regulatory requirement went into effect in 2011.
The SEPA legislation clarifies that CWA permits are not required for application of pesticides already regulated under FIFRA. The bill also requires EPA to report back to Congress on whether the FIFRA process can be improved to better protect human health and the environment.
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WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) – Chairman of the Senate Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies – today expressed disappointment with the final Waters of the United States (WOTUS) rule released by the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) this week.
“It is unfortunate the administration continues to move forward with this deeply flawed regulation aimed at expanding their regulatory authority under the Clean Water Act,” Sen. Moran said. “This is yet another example of unnecessary overreach by the Federal government into the lives of Kansans. This rule will hinder the rural economy and increase burdens for farmers, ranchers and small businesses. The EPA and USACE have once again ignored the clear objections of stakeholders from across the country in failing to withdraw the regulation.”
Sen. Moran is a cosponsor of the Federal Water Quality Protection Act (S. 1140), bipartisan legislation introduced by U.S. Senator John Barrasso (R-Wyo.) that would protect the traditional navigable waters of the United States. The legislation protects farmers, ranchers and private landowners by directing the EPA and USACE to issue a revised WOTUS rule that does not include things such as isolated ponds, ditches, agriculture water, storm water, groundwater, floodwater, municipal water supply systems, wastewater management systems, and streams without enough flow to carry pollutants to navigable waters.
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Sen. Moran and Sen. King Discuss Increasing Rural Veterans' Access to Health Care on WGAN Radio
May 24 2015
U.S. Sen. Jerry Moran was the special guest of Sen. Angus King Saturday, May 23, on his monthly radio show called “Inside Maine” on WGAN. The conversation focused on improving rural veterans’ access to the high-quality, timely and specialized care they earned. On Friday, the U.S Senate unanimously passed the Access to Community Care for Veterans Act (S.1463), legislation authored by Sen. Moran and cosponsored by Sen. King that would give veterans access to community health care when the nearest VA medical facility within 40 miles driving distance from a veteran’s home is incapable of offering care the veteran needs.
The VA continues to use a narrow interpretation of the 40-mile rule, choosing to take into account only the distance of a VA medical facility from a veteran’s home and not whether the VA facility can actually provide the services the veteran needs. The legislation passed unanimously by the Senate (S.1463) aims to help thousands of veterans who are currently being forced to choose between traveling hours to a VA medical facility, paying out of pocket, or going without care altogether. S.1463 now moves to the U.S. House of Representatives for consideration.
Senate Passes Sen. Moran Bill to Fix 40-Mile Choice Act Eligibility
"Today, the U.S. Senate put veterans first and voted to make certain veterans are not dismissed or forgotten just because of where they live."
May 22 2015
WASHINGTON – Today, the U.S. Senate passed the Access to Community Care for Veterans Act (S.1463), legislation authored by U.S. Senator Jerry Moran (R-Kan.) – a member of the Senate Veterans’ Affairs Committee – that amends the Veterans Access, Choice, and Accountability Act of 2014 (Choice Act) to give veterans access to community health care when the nearest VA medical facility within 40 miles driving distance from a veteran’s home is incapable of offering care the veteran needs. S.1463 now heads to the U.S. House of Representatives for a vote.
Sen. Moran’s legislation is cosponsored by Sens. Richard Blumenthal (D-Conn.), Ron Wyden (D-Ore.), Sherrod Brown (D-Ohio), Angus King (I-Maine), Susan Collins (R-Maine) and John Hoeven (R-N.D.). The Congressional Budget Office (CBO)'s preliminary estimate of the mandatory effects of S.1463 gave a net zero effect over the 5-year and 10-year projection period.
"Today, the U.S. Senate put veterans first and voted to make certain veterans are not dismissed or forgotten just because of where they live,” Sen. Moran said. “The VA continues to use a narrow interpretation of the 40-mile rule, choosing to take into account only the distance of a VA medical facility from a veteran’s home and not whether the VA facility can actually provide the services the veteran needs. The legislation passed unanimously by the Senate today aims to help thousands of veterans who are currently being forced to choose between traveling hours to a VA medical facility, paying out of pocket, or going without care altogether."
“I wholeheartedly endorse everything the Senator from Kansas said,” Senate Veterans’ Affairs Committee Chairman Johnny Isakson (R-Ga.) said on the Senate Floor.
This effort to fix the 40-mile criteria in the Choice Act has previously been supported by endorsed by numerous organizations including the American Legion, Veterans of Foreign Wars, AMVETS, Vietnam Veterans of America, Concerned Veterans of America and the National Guard Association of the United States. It is also supported by health care organizations including the National Rural Health Association, the National Association of Rural Mental Health, the National Council for Behavioral Health Association of Community Mental Health Centers of Kansas, and the National Association of County Behavioral Health & Developmental Disability Directors.
On Feb. 25, 2015, 42 senators joined together in calling on VA Secretary Bob McDonald to ease the burden of travel and access to care for millions of veterans who deserve such access through the Choice Act. The group of senators pointed to two concerns with the way the Choice Program was being implemented. First, the VA is not considering whether the VA facility available within 40 miles of where a veteran lives offers the care a veteran needs. Secondly, VA was calculating the 40-mile distance “as the crow flies” and not by driving distance.
Although the VA made the decision on March 24, 2015, to change the calculation used to determine 40-mile distance to driving distance through regulatory action, they have not taken action on the issue of a VA facility being incapable of offering the care sought by the veteran. Sen. Moran’s legislation provides a solution and would allow veterans to utilize their Choice Cards to access non-VA care if the VA facility within 40 miles driving distance to their home does not offer the medical service they need.
As a member of the Senate Veterans’ Affairs Committee, Sen. Moran has questioned VA Secretary Bob McDonald and other VA officials for months in hearings, personal meetings, phone calls and correspondence about the VA’s flawed interpretation of the 40-mile rule and what can be done to fix the problem.
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WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) released the following statement today regarding his support of the Trade Promotion Authority (TPA) Act (H.R. 1314):
“Trade positively impacts almost everyone and every industry in our state – farmers, ranchers, manufacturers, small businesses and workers. As the United States continues to engage economically with other nations, it is critical that Congress sets clear objectives and priorities for potential trade agreements, requires transparency and accountability during negotiations, and maintains full authority to approve or disapprove any potential deal.
“While Trade Promotion Authority gives our U.S. trade representatives the latitude necessary to negotiate a potential deal, any trade agreement must be voted on by Congress before it goes into effect. This keeps the American people in the driver’s seat to have final say on any future trade deal through their elected representatives in Congress. Should this administration or any future administrations negotiate a bad deal, the TPA makes certain that Congress has the ability to reject it. I will only support fair trade deals that respect the rule of law.”
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Mr. President, I wish to bring S. 1463 to the attention of my colleagues.
The topic of the bill is one my colleagues have heard me speak about numerous times before in the Veterans' Affairs Committee, where I am a member. Just yesterday, I addressed this topic in the appropriations subcommittee markup of veterans and military construction, where I am a member and have many times on the Senate floor. The issue is the Department of Veterans Affairs and its interpretation of the CHOICE Act.
My colleagues will remember we passed the CHOICE Act back in August of last year. The important provision for today's conversation is what that law says, which is, if a veteran lives more than 40 miles from a VA facility, the Department of Veterans Affairs must provide services, if the veteran chooses, at a location in his or her home community.
Unfortunately, the Department of Veterans Affairs has interpreted it in a way that eliminates the opportunity for a veteran who happens to live within 40 miles of a facility from accessing that care, even though that facility doesn't provide the service the veteran needs.
S. 1463 corrects that problem. It indicates that the 40-mile rule applies only in the circumstance where a veterans facility provides the service the veteran needs. The Senate has previously voted on this provision. In fact, in our budget, it was adopted 100 to 0 on a roll call vote.
I think what I am presenting is something that is very noncontroversial. There is no fiscal consequence to the current spending. This is money that was appropriated in the CHOICE Act and should be something that can pass on a unanimous consent request, which I will make momentarily.
The question may be why are you doing this? It is because it is important and needs to be corrected quickly. This bill, if adopted today by unanimous consent, will go to the House of Representatives where it can be considered.
I also hope what happens here is that the Department of Veterans Affairs, which I believe can correct this problem on its own volition, will do so, and when they see the Senate pass this legislation, hopefully by unanimous consent, they will respond and solve this problem immediately.
There is no reason this can't be done by the Department, and I will outline the explanation of why that is true by reading the CHOICE Act and by the report that confirms our position.
Before I ask unanimous consent, I also wish to thank a number of my colleagues, but in particular I thank the chairman of the Veterans' Affairs Committee, who has worked side by side with me to make certain this legislation ultimately becomes law. In fact, the chairman and the ranking member, the Senator from Connecticut, Mr. Blumenthal, have committed to me that on every occasion, should the House not pass this bill--I will say it this way: Three options can occur. If we pass this by unanimous consent today, the House picks it up, passes it, sends it to the President, the President signs it, and that would be a great outcome. Secondly, we pass this bill, the Department of Veterans Affairs realizes they can do this on their own, and that would be a great outcome. Thirdly, if neither one of those things happens, the chairman has committed to me that he will work side by side with all of us on the Committee on Veterans' Affairs and with other Senators to make sure, at every opportunity, the language included in this bill is included in every bill related to veterans affairs that is on its way to the White House. The chairman will work with me to make sure this language is enacted into law.
I ask, through the Chair, the Senator from Georgia, Mr. Isakson, if what I am indicating is accurate and have him explain his thoughts on this topic in the few moments we have.
Mr. President, I thank the chairman and very much appreciate his commitment to veterans. This is not about a specific piece of legislation, it is about keeping our commitment to those who served our country, always, every day but especially in advance of Memorial Day.
WASHINGTON – U.S. Senator Jerry Moran (R-Kan.), Chairman of the Senate Commerce Subcommittee for Consumer Protection, Product Safety, Insurance and Data Security, released the following statement today on the U.S. Department of Transportation’s (DOT) announcement of the expansion of the Takata airbag recalls to 34 million vehicles. Additionally, the Department’s National Highway Traffic Safety Administration (NHTSA) issued a Consent Order to Takata requiring the company to cooperate in all future regulatory actions that NHTSA undertakes in its ongoing investigation and oversight of the company.
"We must make certain Americans are safe behind the wheel and that the technology meant to protect drivers and their families does not do them harm. Today’s announcement reinforces the urgency of the Takata airbag recalls, and I appreciate the efforts of NHTSA to help us better understand the facts behind what is causing these defects. I will work with my colleagues on the Senate Commerce Committee to examine this important matter and ensure the safety of American consumers."
At the DOT’s insistence, Takata has determined that a defect exists in certain types of frontal driver and passenger side air bag inflators. Vehicles manufactured by the following companies are impacted by the national recall: BMW, Chrysler, Daimler Trucks, Ford, General Motors, Honda, Mazda, Mitsubishi, Nissan, Subaru and Toyota.
Consumers can check their vehicle’s Vehicle Identification Number (VIN) at a new website, www.SaferCar.gov/RecallsSpotlight, to see if it is covered by the expanded recall. The website will also provide regular updates on the status of this and other recalls and of NHTSA’s investigation.
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Madam President, the Presiding Officer comes from a state very similar to mine, and what I was going to say is that when you do--in fact, our state has twice as many cattle as it has people--you begin to understand the importance of agriculture to our nation's economy and the communities that comprise our state. In rural Kansas, as it would be in rural Iowa, agriculture is our economic lifeblood.
One of the primary reasons I sought public office was my belief in rural America and that it needed a strong voice in Washington advocating on behalf of that part of the country. Since the time I was first elected to Congress, I believe that has only become even more important.
People involved in farming and ranching endure challenges that no other industry, no other profession faces. They are at the mercy of Mother Nature and rely on favorable weather to produce a crop. The severe drought that has plagued parts of Kansas for a long number of years and is once again crippling this year's wheat crop is evidence of the unique challenges.
Farmers and ranchers also operate in a global marketplace that oftentimes is distorted by high foreign subsidies and tariffs. American farmers are the most efficient producers in the world. Too often, however, our farmers cannot be afforded the opportunity to compete on a level playing field.
Unfortunately, agriculture is also under assault from the Obama administration. Overregulation by the EPA, the Army Corps of Engineers, and the U.S. Fish and Wildlife Service threatens the livelihood of farmers and ranchers in my state, which in turn threatens the viability of family businesses that line main streets in rural towns across our state.
To better understand the damage caused by foolish overregulation, consider waters of the United States. Despite the overwhelming outcry that the Obama administration received from American producers--from agriculture and other businesses--after proposing the potentially harmful regulation, the administration has continued their march forward toward finalizing that rule. The regulation is a troublesome expansion of federal control over the nation's waters. The Obama administration has continued to repeat the mantra that the rule is only intended to clarify the scope of the Clean Water Act, but we all know better. Not only has the rule failed to provide clarity or certainty, it also seeks to expand the EPA's jurisdiction to include thousands of new miles of streams, rivers, and even dry ditches.
Where I come from, the term “navigable waters,” which is what the statute says, means something on which you can float a boat. We don't have many of those waters in the state of Kansas. Yet, this administration seems to believe they have the right to enforce those burdensome regulations on land that is far removed from what is traditionally considered navigable waters.
People in rural Kansas also faced increased regulation from the U.S. Fish and Wildlife Service. As my colleagues will recall, I led a debate earlier this year to delist the lesser prairie chicken from the endangered species list. The bird's listing is creating havoc and uncertainty in Kansas, where its habitat is located.
Wind energy projects have been abandoned, oil-and-gas production has slowed, and farmers and ranchers are faced with uncertainty regarding new restrictions as to what they can do on their privately owned land.
Those of us from Kansas know that we need the return of rainfall and moisture and that will increase the habitat and therefore increase the population of the lesser prairie chicken, not burdensome Federal regulations that hinder the rural economy.
While the lesser prairie chicken regulation is directly harming the western part of Kansas, the administration's recent proposal to list the long-eared bat as a threatened species will do the same in our state's eastern communities.
We often speak about the ever-increasing average age of farmers in the country and the need to encourage more young people to stay on the farm and to return from college to the farm. I could not agree more with this goal. I believe a key component in achieving this objective is to make certain our nation's policies and regulations make farming and ranching an attractive venture for our children and grandchildren. Unfortunately, the regulations we have seen from this administration too often make farming and ranching much less attractive, much less profitable, and young people have made the conclusion that the battle cannot be won.
I am deeply concerned about the impact of this administration's regulatory scheme and the effect that scheme will have on farmers and ranchers, but there remains reason for us to be optimistic about the future of American agriculture. We are faced with a growing rural population who is hungry for high-quality, nutritious food products grown by American farmers. We must continue to work toward reducing foreign barriers to make certain that people from around the globe have affordable access to U.S.-grown products. We must continue to invest in policies that lift up rural America, not hold it back.
I am the chairman of the Agriculture Appropriations Subcommittee, and I am working to make certain that Congress is doing its part to support farmers and ranchers. American policies should aim to keep rural America strong by way of implementation of the farm bill, preserving and protecting crop insurance, investing in agriculture research, and supporting rural development.
I often tell my colleagues here in Washington about the special way of life in Kansas and the opportunities that special way of life continues to provide. The strength of rural Kansas is a key component to what makes our state a great place to live, work, and raise families. The future of communities in rural America depends upon the economic viability of our farmers and ranchers, and it is time to make certain that federal policies and regulatory decisions coming out of Washington, D.C., reflect this critical importance.
WASHINGTON – U.S. Senator Jerry Moran (R-Kan.), a member of the Senate Veterans’ Affairs Committee, has joined U.S. Senator Joni Ernst (R-Iowa) as a sponsor of the Prioritizing Veterans’ Access to Mental Health Care Act (S.841). The legislation puts veterans’ mental health care first by providing the option for veterans to receive immediate mental health treatment outside the Department of Veterans Affairs (VA) until they can receive comprehensive treatment at the VA. The legislation also prioritizes incentives to hire more mental health care professionals at the VA.
“From the startling veteran suicide rate, to ongoing delays in hiring the thousands of mental health professionals and licensed therapists needed within the VA, it is clear we have a crisis in this country when it comes to addressing the mental health issues our veterans,” Sen. Moran said. “At a time when 50 percent of our service men and women returning home seek mental health treatment, it is critical that the VA follow through on its commitment and responsibilities. This legislation will help make certain no veteran feels abandoned by the country they served by supporting the development of a VA system capable of offering first-rate mental health care services. As that system is being developed, it will allow veterans struggling with the invisible wounds of war to utilize the expertise of outside organizations and mental health professionals in their community.”
According to the VA, there are approximately 22 veteran suicides each day, while the average wait time for a mental health appointment at the VA is 36 days. According to the Substance Abuse and Mental Health Services Administration (SAMHSA), only half of the veterans who seek mental health treatment receive adequate care. Even under the Veterans Access, Choice, and Accountability Act of 2014 (Choice Act), many rural veterans are unable to seek treatment with local community mental health providers and face an immense burden of travel and long wait lists when trying to access care at a VA medical center more than 40 miles from their home.
S.841 provides an option for our veterans to receive mental health treatment, until they can receive comprehensive treatment at the VA. The emergency room should not be considered a back-stop for delayed mental health care treatment at the VA, as veterans who seek mental health treatment at emergency rooms often do so when they have reached the limits of their suffering and have nowhere else to turn.
The Prioritizing Veterans’ Access to Mental Health Care Act would:
- Amend the Veterans’ Access, Choice, and Accountability Act of 2014 to allow a veteran instant authorization of non-VA care if the veteran provides an electronic or hard-copy statement in writing that they are not receiving adequate or timely mental health care at the VA;
- Eliminate the 40-mile and VA wait-time triggers under the Choice Act for mental health care;
- Prioritize incentives for the hiring of mental health care professionals at VA;
- Use Choice Act funds to pay for the bill; and
- Provide the VA 90 days to enact the program.
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