[Congressional Record Volume 152, Number 70 (Tuesday, June 6, 2006)]
[Senate]
[Pages S5492-S5507]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CRAIG:
S. 3421. A bill to authorize major medical facility projects and
major medical facility leases for the Department of Veterans Affairs
for fiscal years 2006 and 2007, and for other purposes; to the
Committee on Veterans' Affairs.
Mr. CRAIG. Mr. President, I seek recognition today to introduce
legislation to authorize major medical facility projects and major
medical facility leases for the Department of Veterans Affairs, VA.
Most VA hospitals, clinics, nursing homes, and research facilities have
ongoing needs for maintenance, repair, and modernization to promote
patient and employee safety and provide a higher standard of care for
our Nation's veterans. Earlier this month, I held a hearing of the
Senate Committee on Veterans' Affairs on these needs, at which VA and a
service organization representative delivered testimony about what is
required in the next phase of addressing the needs of health care
facilities for our Nation's veterans. In addition, several committee
members and noncommittee colleagues remarked about the significance of
these projects to their States. It is my belief that this bill will
expand VA's ability to provide health care services to this group of
deserving Americans. I will take a few moments now to explain the
provisions of this legislation.
First, the bill authorizes three major medical facility projects in
immediate need of fiscal year 2006 authorization; the restoration of
VA's health care infrastructure in the Biloxi and New Orleans areas
following Hurricane Katrina, and the cost of land acquisition for
replacement of the current Denver VA Medical Center with a new facility
at the former Fitzsimons Army Medical Center. The Denver facility was
constructed over a half-century ago and many of the core facilities
have been deemed to be past or near the end of their useful life.
Second, this legislation reauthorizes 18 major medical facility
construction projects that were authorized under Public Law 108-170,
but for which it is unlikely that contract awards will be accomplished
by September 30, 2006, as required by that law. Therefore, for each of
these projects, the draft bill extends the date by which contracts must
be awarded, from September 30, 2006, September 20, 2009. These projects
were identified and prioritized under the capital asset realignment for
enhanced services process. CARES, as it has become known, is a market-
based national assessment of infrastructure needs that VA has developed
into a schedule for completion. These projects represent the most
pressing CARES-identified needs that VA has undertaken in order to
improve access-to-care and provide services in areas of recent,
current, and projected growth in veterans population, such as Las Vegas
and Orlando. To allow a lapse in VA's authority to move forward on
these projects would result in tremendous setbacks, and conceivably,
additional taxpayer expense.
Third, the legislation authorizes major medical facility leases that
did not receive. authorization in the current fiscal for outpatient
clinics in Baltimore, MD, Marion, IL, and the Dallas, TX, area. In
addition, five major medical facility leases fiscal year 2007 are
included for outpatient clinics in Austin, TX, Lowell, MA, Grand
Rapids, MI, Las Vegas, NV, and Parma, OH.
This legislation represents the administration's request of the
Veterans' Affairs Committee and the Congress, with a significant
exception. I have chosen not to authorize the six requested fiscal year
2007 major medical facility construction projects at this time. I want
to make it clear to my colleagues that my intent is not to micromanage
VA's construction budget or to delay the Department's capital plan. And
no one in the Senate is more committed to seeing that we are not
diverting important resources away from facilities that are extremely
important to our veterans. But as chairman of this committee, my
approach
[[Page S5493]]
puts Congress on record as expecting progress with the 18 CARES
projects on which we are extending authorizations, attaching a
reasonable amount of money to those efforts, and then monitoring the
progress closely from the Veterans' Committee. As we have seen with the
need for significant and expensive Katrina-related construction, VA's
capital plan requires consistent monitoring, frequent review and, at
times, significant modification. But VA must finish some of what it has
started before taking on new major projects.
Over the next several weeks, the Committee on Veterans' Affairs will
be taking up this bill and other legislation introduced to improve the
range of services and benefits available to our Nation's veterans. I
look forward to working with my colleagues throughout the rest of this
Congress on these and other important efforts.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3421
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AUTHORIZATION OF FISCAL YEAR 2006 MAJOR MEDICAL
FACILITY PROJECTS.
The Secretary of Veterans Affairs may carry out the
following major medical facility projects in fiscal year
2006, with each project to be carried out in the amount
specified for that project:
(1) Restoration, new construction or replacement of the
medical center facility for the Department of Veterans
Affairs Medical Center, New Orleans, Louisiana, due to damage
from Hurricane Katrina in an amount not to exceed
$675,000,000.
(2) Restoration of the Department of Veterans Affairs
Medical Center, Biloxi, Mississippi, and consolidation of
services performed at the Department of Veterans Affairs
Medical Center, Gulfport, Mississippi, in an amount not to
exceed $310,000,000.
(3) Replacement of the Department of Veterans Affairs
Medical Center, Denver, Colorado, in an amount not to exceed
$52,000,000.
SEC. 2. EXTENSION OF AUTHORIZATION FOR MAJOR MEDICAL FACILITY
CONSTRUCTION PROJECTS AUTHORIZED UNDER CAPITAL
ASSET REALIGNMENT INITIATIVE.
Notwithstanding subsection (d) of section 221 of the
Veterans Health Care, Capital Asset, and Business Improvement
Act of 2003 (Public Law 108-170; 117 Stat. 2050), the
Secretary of Veterans Affairs may enter into contracts before
September 30, 2009, to carry out each major medical facility
project, as originally authorized by such section 221, as
follows with each project to be carried out in the amount
specified for that project:
(1) Construction of an outpatient clinic and regional
office at the Department of Veterans Affairs Medical Center,
Anchorage, Alaska, in an amount not to exceed $75,270,000.
(2) Consolidation of clinical and administrative functions
of the Department of Veterans Affairs Medical Center in
Cleveland, Ohio, and the Department of Veterans Affairs
Medical Center in Brecksville, Ohio, in an amount not to
exceed $102,300,000.
(3) Construction of the Extended Care Building at the
Department of Veterans Affairs Medical Center in Des Moines,
Iowa, in an amount not to exceed $25,000,000.
(4) Renovation of patient wards at the Department of
Veterans Affairs Medical Center in Durham, North Carolina, in
an amount not to exceed $9,100,000.
(5) Correction of patient privacy deficiencies at the
Department of Veterans Affairs Medical Center, Gainesville,
Florida, in an amount not to exceed $85,200,000.
(6) 7th and 8th Floor Wards Modernization addition at the
Department of Veterans Affairs Medical Center, Indianapolis,
Indiana, in an amount not to exceed $27,400,000.
(7) Construction of a new Medical Center Facility at the
Department of Veterans Affairs Medical Center, Las Vegas,
Nevada, in an amount not to exceed $406,000,000.
(8) Construction of an Ambulatory Surgery/Outpatient
Diagnostic Support Center in the Gulf South Submarket of
Veterans Integrated Service Network (VISN) 8 and completion
of Phase I land purchase, Lee County, Florida, in an amount
not to exceed $65,100,000.
(9) Seismic Corrections-Buildings 7 & 126 at the Department
of Veterans Affairs Medical Center, Long Beach, California,
in an amount not to exceed $107,845,000.
(10) Seismic Corrections-Buildings 500 & 501 at the
Department of Veterans Affairs Medical Center, Los Angeles,
California, in an amount not to exceed $79,900,000.
(11) Construction of a New Medical Center facility in the
Orlando, Florida, area in an amount not to exceed
$377,700,000.
(12) Consolidation of Campuses at the University Drive and
H. John Heinz III divisions, Pittsburgh, Pennsylvania, in an
amount not to exceed $189,205,000.
(13) Ward Upgrades and Expansion at the Department of
Veterans Affairs Medical Center, San Antonio, Texas, in an
amount not to exceed $19,100,000.
(14) Seismic Corrections-Building 1, Phase 1 Design at the
Department of Veterans Affairs Medical Center, San Juan,
Puerto Rico, in an amount not to exceed $15,000,000.
(15) Construction of a Spinal Cord Injury Center at the
Department of Veterans Affairs Medical Center, Syracuse, New
York, in an amount not to exceed $53,900,000.
(16) Upgrade Essential Electrical Distribution Systems at
the Department of Veterans Affairs Medical Center, Tampa,
Florida, in an amount not to exceed $49,000,000.
(17) Expansion of the Spinal Cord Injury Center addition at
the Department of Veterans Affairs Medical Center, Tampa,
Florida, in an amount not to exceed $7,100,000.
(18) Blind Rehabilitation and Psychiatric Bed renovation
and new construction project at the Department of Veterans
Affairs Medical Center, Temple, Texas, in an amount not to
exceed $56,000,000.
SEC. 3. AUTHORIZATION OF FISCAL YEAR 2006 MAJOR MEDICAL
FACILITY LEASES.
The Secretary of Veterans Affairs may carry out the
following major medical facility leases in fiscal year 2006
at the locations specified, and in an amount for each lease
not to exceed the amount shown for such location:
(1) For an outpatient clinic, Baltimore, Maryland,
$10,908,000.
(2) For an outpatient clinic, Evansville, Illinois,
$8,989,000.
(3) For an outpatient clinic, Smith County, Texas,
$5,093,000.
SEC. 4. AUTHORIZATION OF FISCAL YEAR 2007 MAJOR MEDICAL
FACILITY LEASES.
The Secretary of Veterans Affairs may carry out the
following major medical facility leases in fiscal year 2007
at the locations specified, and in an amount for each lease
not to exceed the amount shown for such location:
(1) For an outpatient and specialty care clinic, Austin,
Texas, $6,163,000.
(2) For an outpatient clinic, Lowell, Massachusetts,
$2,520,000.
(3) For an outpatient clinic, Grand Rapids, Michigan,
$4,409,000.
(4) For up to four outpatient clinics, Las Vegas, Nevada,
$8,518,000.
(5) For an outpatient clinic, Parma, Ohio, $5,032,000.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for Fiscal Year 2006
Major Medical Facility Projects.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for fiscal
year 2006 for the Construction, Major Projects, account,
$1,606,000,000 for the projects authorized in section 1.
(b) Authorization of Appropriations for Major Medical
Facility Projects Under Capital Asset Realignment
Initiative.--
(1) Authorization of appropriations.--There is authorized
to be appropriated for the Secretary of Veterans Affairs for
fiscal year 2007 for the Construction, Major Projects,
account, $1,750,120,000 for the projects whose authorization
is extended by section 2.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations in paragraph (1) shall remain
available until September 30, 2009.
(c) Authorization of Appropriations for Major Medical
Facility Leases.--
(1) Fiscal year 2006 leases.--There is authorized to be
appropriated for the Secretary of Veterans Affairs for fiscal
year 2006 for the Medical Care account, $24,990,000 for the
leases authorized in section 4.
(2) Fiscal year 2007 leases.--There is authorized to be
appropriated for the Secretary of Veterans Affairs for fiscal
year 2007 for the Medical Care account, $26,642,000 for the
leases authorized in section 5.
(d) Limitation.--The projects authorized in sections 1 and
2 may only be carried out using--
(1) funds appropriated for fiscal year 2006 or 2007
pursuant to the authorization of appropriations in
subsections (a), (b), and (c) of this section;
(2) funds available for Construction, Major Projects, for a
fiscal year before fiscal year 2006 that remain available for
obligation;
(3) funds available for Construction, Major Projects, for a
fiscal year after fiscal year 2006 or 2007 that are available
for obligation; and
(4) funds appropriated for Construction, Major Projects,
for fiscal year 2006 or 2007 for a category of activity not
specific to a project.
______
By Ms. MURKOWSKI:
S. 3422. A bill to provide for the tax treatment of income received
in connection with the litigation concerning the Exxon Valdez oil
spill; to the Committee on Finance.
Ms. MURKOWSKI. Mr. President, I rise to introduce a bill that will
help the commercial fishermen and others whose livelihoods were
negatively impacted by the Exxon Valdez oilspill.
As all of us know, the Exxon Valdez ran aground on March 23, 1989,
spilling 11 million gallons of oil into Prince William Sound in Alaska.
A class action jury trial was held in Federal court in Anchorage, AK,
in 1994. The plaintiffs included 32,000 fishermen among others whose
livelihoods were gravely affected by this disaster. The jury awarded $5
billion in punitive
[[Page S5494]]
damages to the plaintiff class. The punitive damage award has been on
repeated appeal by the Exxon Corporation since 1994. Many of the
original plaintiffs, possibly more than 1,000 people, have already
died.
Once the punitive damage award of the Exxon Valdez litigation is
settled, many fishermen will receive payments to reimburse them for
fishing income lost due to the environmental consequences of the Exxon
Valdez oilspill. It is estimated that the eventual settlement could be
$6.75 billion or more.
My bill gives the affected fishermen, as well as other plaintiffs in
this case, a fair shake when it comes to contributions to retirement
plans and averaging of income for tax purposes.
With respect to retirement plan contributions, my bill increases the
caps on both deductions and income for traditional IRAs to the extent
of the income a plaintiff receives from the settlement or judgment.
Also, it allows the plaintiffs to make contributions to Roth IRAs and
other retirement plans to the extent of the income received from the
settlement or judgment.
Fishermen are currently allowed to average their income over a
several year period due to the often inconsistent nature of the fishing
business. The litigation stemming from the Exxon Valdez oilspill poses
an even more unique situation since fishermen and other plaintiffs have
been waiting to receive lost income--in the form of a settlement or
judgment--for 12 years. My bill allows plaintiffs to average their
income for the period of time between December 31 of the year they
receive the settlement or judgment payment and January 1, 1994--the
year of the original jury award in Federal court.
It is imperative that we address this important issue soon. The Exxon
Corporation has appealed this case and a decision is expected later
this year.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection the text of the bill was ordered to be
printed in the Record, as follows:
S. 3422
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. TAX TREATMENT OF INCOME RECEIVED IN CONNECTION
WITH THE EXXON VALDEZ LITIGATION.
(a) Income Averaging of Amounts Received From the Exxon
Valdez Litigation.--
(1) In general.--At the election of a qualified taxpayer
who receives qualified settlement income during a taxable
year, the tax imposed by chapter 1 of the Internal Revenue
Code of 1986 for such taxable year shall be equal to the sum
of--
(A) the tax which would be imposed under such chapter if--
(i) no amount of elected qualified settlement income were
included in gross income for such year, and
(ii) no deduction were allowed for such year for expenses
(otherwise allowable as a deduction to the taxpayer for such
year) attributable to such elected qualified settlement
income, plus
(B) the increase in tax under such chapter which would
result if taxable income for each of the years in the
applicable period were increased by an amount equal to the
applicable fraction of the elected qualified settlement
income reduced by any expenses (otherwise allowable as a
deduction to the taxpayer) attributable to such elected
qualified settlement income.
Any adjustment under this section for any taxable year shall
be taken into account in applying this section for any
subsequent taxable year.
(2) Coordination with farm income averaging.--If a
qualified taxpayer makes an election with respect to any
qualified settlement income under paragraph (1) for any
taxable year, such taxpayer may not elect to treat such
amount as elected farm income under section 1301 of the
Internal Revenue Code of 1986.
(3) Definitions.--For purposes of this subsection--
(A) Applicable period.--The term ``applicable period''
means the period beginning on January 1, 1994, and ending on
December 31 of the year in which the elected qualified
settlement income is received.
(B) Applicable fraction.--The term ``applicable fraction''
means the fraction the numerator of which is one and the
denominator of which is the number of years in the applicable
period.
(C) Elected qualified settlement income.--The term
``elected qualified settlement income'' means so much of the
taxable income for the taxable year which is--
(i) qualified settlement income, and
(ii) specified under the election under paragraph (1).
(b) Contributions of Amounts Received to Retirement
Accounts.--
(1) In general.--Any qualified taxpayer who receives
qualified settlement income during the taxable year may, at
any time before the end of the taxable year in which such
income was received, make one or more contributions to an
eligible retirement plan of which such qualified taxpayer is
a beneficiary in an aggregate amount not to exceed the amount
of qualified settlement income received during such year.
(2) Time when contributions deemed made.--For purposes of
paragraph (1), a qualified taxpayer shall be deemed to have
made a contribution to an eligible retirement plan on the
last day of the taxable year in which such income is received
if the contribution is made on account of such taxable year
and is made not later than the time prescribed by law for
filing the return for such taxable year (not including
extensions thereof).
(3) Treatment of contributions to eligible retirement
plans.--For purposes of the Internal Revenue Code of 1986, if
a contribution is made pursuant to paragraph (1) with respect
to qualified settlement income, then--
(A) except as provided in paragraph (4)--
(i) to the extent of such contribution, the qualified
settlement income shall not be included in taxable income,
and
(ii) for purposes of section 72 of such Code, such
contribution shall not be considered to be investment in the
contract, and
(B) the qualified taxpayer shall, to the extent of the
amount of the contribution, be treated--
(i) as having received the qualified settlement income--
(I) in the case of a contribution to an individual
retirement plan (as defined under section 7701(a)(37) such
Code), in a distribution described in section 408(d)(3) of
such Code, and
(II) in the case of any other eligible retirement plan, in
an eligible rollover distribution (as defined under section
402(f)(2) of such Code), and
(ii) as having transferred the amount to the eligible
retirement plan in a direct trustee to trustee transfer
within 60 days of the distribution.
(4) Special rule for roth iras and roth 401(k)s.--For
purposes of the Internal Revenue Code of 1986, if a
contribution is made pursuant to paragraph (1) with respect
to qualified settlement income to a Roth IRA (as defined
under section 408A(b) of such Code) or as a designated Roth
contribution to an applicable retirement plan (within the
meaning of section 402A of such Code), then--
(A) the qualified settlement income shall be includible in
taxable income, and
(B) for purposes of section 72 of such Code, such
contribution shall be considered to be investment in the
contract.
(5) Eligible retirement plan.--For purpose of this
subsection, the term ``eligible retirement plan'' has the
meaning given such term under section 402(c)(8)(B) of the
Internal Revenue Code of 1986.
(c) Qualified Settlement Income Not Included in SECA.--For
purposes of chapter 2 of the Internal Revenue Code of 1986
and section 211 of the Social Security Act, no portion of
qualified settlement income shall be treated as gross income
derived from a trade or business carried on by a qualified
taxpayer.
(d) Qualified Taxpayer.--For purposes of this section, the
term ``qualified taxpayer'' means any plaintiff in the civil
action In re Exxon Valdez, No. 89-095-CV (HRH) (Consolidated)
(D. Alaska).
(e) Qualified Settlement Income.--For purposes of this
section, the term ``qualified settlement income'' means
income received (whether as lump sums or periodic payments)
in connection with the civil action In re Exxon Valdez, No.
89-095-CV (HRH) (Consolidated) (D. Alaska).
______
By Mr. SANTORUM:
S. 3432. A bill to protect children from exploitation by adults over
the Internet, and for other purposes; to the Committee on the
Judiciary.
Mr. SANTORUM. Mr. President, over the past few years, we have heard
the tragic stories of how sexual predators have targeted children in
our states. We have seen troubling headlines from Pennsylvania and
across the country, and the frequency seems to be increasing rather
than decreasing. The National Center for Missing and Exploited Children
in partnership with the Federal Bureau of Investigation, Bureau of
Immigration and Customs Enforcement, U.S. Secret Service, U.S. Postal
Inspection Service, state and local law enforcement, and Internet
Crimes Against Children Task Forces operates the CyberTipline. The
number of referrals to the ICAC task forces has increased from 2,002
referrals in January-March 2005 to 3,392 referrals in January-March
2006. Additionally, the prosecutions in child pornography and child
abuse cases have increased nearly every year since 1995.
Recently Congress has heard disturbing and saddening accounts of how
these predators have used the Internet to exploit our children. As a
father of six, I am keenly aware of the dangers
[[Page S5495]]
to our children and the concerns of parents across Pennsylvania and the
Nation. In February, the Department of Justice launched Project Safe
Childhood, a initiative to ``combat the proliferation of technology-
facilitated sexual exploitation crimes against children.''
``Project Safe Childhood'' has five main purposes. First, it seeks to
integrate Federal, State, and local efforts to investigate and
prosecute child exploitation cases including partnerships by each U.S.
Attorney with each Internet Crimes Against Children Task Force in their
district, other Federal, State, and local law enforcement, and
community and faith-based organizations to develop district-specific
strategic plans to combat and prosecute child exploitation crimes.
Second, the Project allows major case coordination by the Department of
Justice or other appropriate Federal agency. Third, it increases
Federal involvement in child exploitation cases by providing additional
investigative tools and increased penalties available under Federal
law. Fourth, the Project provides increased training of Federal, State,
and local law enforcement regarding the investigation and prosecution
of computer-facilitated crimes against children. Finally, it promotes
community awareness and educational programs to raise national
awareness about the threat of online sexual predators and to provide
information to families on how to report possible violations.
According to recent Congressional testimony from Alice S. Fisher,
Assistant U.S. Attorney in charge of the Criminal Division, and from
William W. Mercer, Principle Associate Deputy Attorney General noted,
this initiative is working.
On May 17, 2006, the Department of Justice released a document that
outlines the need for this project, an overview of the program and
guides for how law enforcement, parents, teachers, and communities can
come together to implement this program effectively. While I am
encouraged by the DOJ actions to raise the profile and enforcement
through Project Safe Childhood--and appreciate all that many at the
Department of Justice and the State and local levels are doing to catch
and prosecute these predators--I am concerned that this program does
not have the legislative authorization or dedicated funding that it
needs to accomplish its goal of protecting our children.
I intend to work to help the Department of Justice fully implement
and expand this initiative, therefore, I am introducing the Project
Safe Childhood Authorization Act. Specifically, the bill will authorize
and expand Project Safe Childhood; add new elements regarding child
exploitation crimes that have been requested by the Department of
Justice to strengthen the requirements to effectively report child
pornography, require warning labels on commercial Websites that contain
sexually explicit material, and prohibit the embedding of words or
images on a Website in order to deceive individuals into viewing
obscenity or material harmful to minors; increase penalties for
registered sex offenders, child sex trafficking and sexual abuse, and
other child exploitation crimes; create Children's Safety Online
Awareness Campaigns; and authorize grants for online child safety
programs.
The bill authorizes $18 million for fiscal year 2007 for the initial
implementation of Project Safe Childhood, and up to $29 million for the
expansion of the program for fiscal year 2007, and such sums as may be
necessary for each of the 5 succeeding fiscal years.
I know all of us--particularly those of us with children--want to
know how to keep our children safe, and want to know that anyone that
endangers or harms our children will be punished. I am glad to be here
to take this important step in protecting our children. I hope my
colleagues will agree with me and we will pass the Project Safe
Childhood Authorization Act this year.
______
By Mr. DODD:
S. 3449. A bill to amend the Public Health Service Act to improve the
quality and availability of mental health services for children and
adolescents; to the Committee on Health, Education, Labor, and
Pensions,
Mr. DODD. Mr. President, I rise to introduce legislation that seeks
to meet the mental health needs of children and adolescents.
I believe that the task of ensuring the emotional well-being and
resiliency of our young people is one of paramount importance. We all
know that mental health is a critical component contributing to a
child's general health and ability to grow--both intellectually and
physically. Yet, the task of ensuring the mental health of children and
adolescents is not an easy one. In fact, it is arguably one of the most
difficult and largely unspoken tasks facing our Nation today.
According to the Substance Abuse and Mental Health Services
Administration, one in ten children and adolescents suffers from mental
health disorders serious enough to cause some level of impairment. Out
of these young people, only one in five receives the specialty mental
health services they require.
These startling statistics prompted former Surgeon General Dr. David
Satcher to convene a conference in 1999 that examined the mental health
needs of children. The conference--composed of some of the Nation's
leading experts in mental and public health--published a seminal report
that concluded that
`` . . . the burden of suffering experienced by children with mental
illness and their families has created a health crisis in this
country.'' The report further concluded that ``. . . there is broad
evidence that the Nation lacks a unified infrastructure to help
children suffering from mental illness.''
I would like to submit for the Record personal testimony offered by
three families in Connecticut. I believe their words and experiences
speak most directly to the ``burden of suffering'' described in Surgeon
General Satcher's report--a burden endured by millions of children,
adolescents, and then families nationwide. I ask unanimous consent that
this testimony be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Testimony
Dear Senator Dodd, I wanted to take a moment to share with
you what my experience has been navigating services for my
son who has been diagnosed with severe psychosis and bipolar
disorder. Due to the lack of psychiatric services when the
extended day program my son attended was closed down, my son
as well as seven other kids where left without the services
they so needed. After a couple of weeks they started to have
meltdowns. My son was one of them. The fact that he attended
a therapeutic school didn't at this point make a difference.
After two short hospitalizations (one was for two weeks the
other four weeks) my son, who is 12 years old, has been
sitting at [a mental health services facility] for the past 9
weeks awaiting availability for sub-acute care. In the
meantime he is not receiving the level of care that he needs.
Services are so limited at this point in time that because
of time of delivery children who may have benefitted from
less intensive intervention are being put in a position where
by the time they receive care they are in need of higher
level care that to me doesn't seem very cost effective when
you look at long term care. I often think about what would be
different if my child was diabetic. Would he only receive
services when available, and would they be appropriate to his
medical needs?
I can't explain in one letter what my son's illness has
done to our family and how difficult it is for all of us.
Mental Health is a cruel monster who enters your life in
sometimes undetected ways and when it finally attacks the
blow can be fatal. The media has succeeded in painting a
picture of individuals like my son as real dangers to society
if not in proper treatment but what they have failed to shed
light on is the lack of such services. My son deserves a
better quality of services as well as a better quality of
life.
____
Dear Senator Dodd, The following is to share some of what
my family is struggling with due to my son's mental illness.
My son has been diagnosed with severe depression and mood
disorder; he has mutilated himself various times and is a
cutter. [My son] has been hospitalized three times due to
this ongoing behavior; he is in need of sub-acute treatment
but has only received stabilization services and out-patient
services because the level of treatment that he needs is not
available for boys 14 years or older. In the meantime we have
extended day programs, voluntary services as well as systems
of care in place yet the services he needs are not available.
For a mother with three additional children with special
needs I have serious concerns for my son's safety. Who will
be accountable if at some point my son succeeds in taking his
own life when I have seeked services and I am told over
and over again that they are not available?
I really would like Congress to take a look at the great
deal of families fighting our own personal battles with these
unseen enemies.
[[Page S5496]]
We need weapons if we are to win these battles. We need more
psychiatric services made available to all of our children
regardless of age or gender.
____
Senator Dodd, My son was always ``different,''
``difficult,'' and ``didn't socialize well with the other
children,'' according to the daycare centers, camps, after
school programs and even in the early part of kindergarten.
His kindergarten school teacher was concerned enough to refer
us to the school social worker when he held a plastic knife
up to a fellow classmates throat and said he was going to
slit it. She suggested parenting classes and perhaps family
therapy. Since it was only my son and I as I was divorced and
his father was not in the picture, of course I eagerly
complied. I brought him to his pediatrician as well, who
suggested behavior modification and consistency. No one was
more consistent than I was a parent. I learned this early on
with my son.
I sat through hours of parenting tapes, learning nothing
new, while my son played with Legos and puppets. This service
was on a sliding fee scale offered by our town and even so
all I could afford to go was every other week. When my son
was seven years old I woke up in the wee hours of the morning
to find him standing in the middle of the kitchen surrounded
by knives holding onto one in each hand. Although I was
shocked and more scared than I had ever been in my entire
life I instinctively knew I had to stay calm, that this was
something beyond his control. I asked him what he was doing
up, maintaining eye contact, and he said that there was a
devil on one side telling him to hurt himself and an angel on
the other telling him not to. I gathered up the knives as he
was talking and spoke gently to my son who was so clearly in
such pain. He gave me the knives without even realizing he
was doing it, and I scooped him up and we waited for his
psychiatrist's office to open. He had been seeing a
psychiatrist for 6 months or so, and was on stimulants for
ADHD (the first diagnosis of choice as usual for children).
The doctor immediately added depression with psychotic
features as another diagnosis and suggested hospitalization.
The first of many hospitalizations my son would experience
and the doctor also added an antipsychotic and antidepressant
medication to the regiment. My son was in the hospital for 10
days and was no better, so additional diagnoses were added,
oppositional defiant disorder, impulse control disorder and
anxiety disorder as well as more medications. He started
individual therapy regularly, seeing the psychiatrist and
along with the medications the co-pays were more than I could
afford, I applied for HUSKY. I was accepted, thankfully I
thought at the time.
My son was rapidly becoming worse, so I went to the
Department of Children and Families for help through
Voluntary Services. This is insulting to caring parents
trying to find help for their children as the request has to
be made via the Hotline and is an embarrassment. However, it
is the only way to gain access to certain services in the
State that are not offered through private insurance
companies. By now, my son is almost ten years old and has
been hospitalized many times, in several partial
hospitalizations, intensive outpatient hospitalization
programs and extended day treatment programs. He has also
been removed from the public school systems special
education program and out-placed into a therapeutic day
program for school out of district.
I made a call to the head of a psychiatric unit at a
hospital who I had come to know through my work to ask for a
referral for my son as I thought perhaps this was something
more than what the doctors were saying. He referred me to
Mass. General's Pediatric Psychopharmacology Unit. I called,
my son was seen within 3 weeks and a diagnosis of Early Onset
Bipolar Disorder as well as Major Multiple Anxiety Disorder
was given. My son had already had an appointment with a new
psychiatrist within the next couple of weeks and medications
were changed to reflect the new diagnosis--unfortunately, too
little too late.
My son, ended up in the hospital for 3 months and then in a
sub-acute unit 4\1/2\ months, despite all of the in-home
services we had on board, partially because the waiting time
between services were detrimental and the length of the
services were not long enough. When the service finally
started to work, it was time to pull out. My son never
engaged in any service because he knew if he got attached to
anyone they were going to be gone in a short time anyway and
his attitude was why bother? I can't say I blamed him. For a
child who needed consistency in his life there wasn't a lot
of it with the providers. He went to a residential setting
for 18 months following the sub-acute unit and finally came
back home. On his last day at the residential treatment
center he was assaulted by a staff member who was found
guilty and fired. At the same time, HUSKY notified me, that
my premium would increase to 221.00 per month as I was over
the income limit by 200.00 for a family of 2. I called and
tried to plead my case, as they were unaware of my living
expenses, such as rent, past medical bills I was trying to
catch up on, etc. but they go by gross income and don't take
into account any other issues. I placed my son on my work
insurance once again. Try as I might, I ended up filing for
bankruptcy two years later, the ultimate embarrassment as far
as I was concerned.
When my son came home, the discharge plan was to send him
to a summer program called the Wilderness School for the
summer. Unbeknownst to us this program was for juvenile
delinquents who were in trouble with the law for the majority
of their lives and in and out of the system. My son was
petrified, and refused to stay, even saying he would hurt
himself if they made him stay. I picked him up 1\1/2\ days
after dropping him off and scrambled to find childcare for
the summer once again.
Whether a family uses their own insurance or State
insurance and services, it is a catch 22. With private
insurance, services are extremely limited; both time limited
and the type of service that is available is limited. With
HUSKY, finding providers is extremely difficult. There are no
specialists that will take HUSKY patients, dentists,
orthodontists, neuropsychologists, psychiatrists, therapists
and the list goes on. As a parent trying to do the best for
her child it was very frustrating getting the door shut in my
face no matter where I turned for help. All I wanted was to
get my son the medical attention he so desperately needed,
and I had to fight for everything. In an already traumatic
time in my little family's life, this was an unnecessary
added burden.
My son is now a junior, still in special education, but in
a public high school. He's doing remarkably and I can say
that it isn't due to the services that he received but to his
own strength and courage to fight his way back and make it on
his own. His is truly an incredible young man and I am so
proud of him. I have a bumper sticker that reads, ``I am a
proud parent of an honor roll student'' which I never thought
I would have. He earned that on his own.
Thank you for this opportunity to share my story.
Mr. DODD. I thank these families for sharing their personal
experiences with me, and for following me to share their experiences
publicly. More importantly, I commend their tenacity in facing the
challenges they face each and every day in caring for their children.
Their stories, along with the stories I have heard from other families
in Connecticut and elsewhere in the country, have fueled my belief that
child and adolescent mental health needs to be a top priority.
Recognizing the fragmentation of the Nation's mental health delivery
system, Surgeon General Satcher's report concluded that one fundamental
way to meet the mental--health needs of children and adolescents is to
``. . . move towards a community-based mental health delivery system
that balances health promotion, disease prevention, early detection,
and universal access to care.'' The report further stated eight goals
to ensure the resiliency of children and adolescents. These goals were:
first, to promote public awareness of children's mental health issues
and reduce stigma associated with mental illness; second, to continue
to develop, disseminate, and implement scientifically-proven prevention
and treatment services in the field of children's mental health; third,
to improve the assessment of and recognition of mental health needs in
children; fourth, to eliminate racial, ethnic and socioeconomic
disparities in access to mental health care services; fifth, to improve
the infrastructure for children's mental health services, including
support for scientifically-proven interventions across professions;
sixth, to increase access to and coordination of quality mental health
care services; seventh, to train frontline providers to recognize and
manage mental health issues, and educate mental healthcare providers
about scientifically-proven prevention and treatment services, and;
finally, to monitor the access to and coordination of quality mental
health care services.
In 2002, President Bush established the President's New Freedom
Commission on Mental Health to study three obstacles identified by the
President that prevent Americans with mental illness from getting the
care they require. These obstacles were identified as the stigma that
surrounds mental health care, a lack of mental health parity, and the
fragmented mental health delivery system. In 2003, the President's New
Freedom Commission issued a report that made a series of
recommendations on how the Nation's mental health system could be
transformed for the better. Like Surgeon General Satcher's report, this
publication also set forth a series of goals. They were: first, to
ensure Americans understand that mental health is essential to overall
health; second, to ensure that mental health care is consumer- and
family-driven; third, to eliminate disparities in mental health care
services; fourth, to ensure that
[[Page S5497]]
early mental health screening, assessment, and referral services are
common practices; fifth, to ensure that excellent mental health care is
delivered and research is accelerated, and; finally, to ensure that
technology is used to access mental health care and information.
I describe these two reports because the legislation I am introducing
today seeks to address the recommendations they espouse. My
legislation, the Child and Adolescent Mental Health Resiliency Act of
2006, authorizes $210 million in an effort to meet five principal
objectives.
The first objective is to increase access to, and improve the quality
of, mental health care services delivered to children and adolescents.
My legislation seeks to meet this objective in several ways.
First, it authorizes a new grant of $50 million for States to develop
and implement a comprehensive mental health plan exclusively for
children and adolescents that provides community-based mental health
early intervention and prevention services and relevant support
services, such as primary health care, education, transportation and
housing. The plan would have to meet a set of core operational and
evaluative requirements and would have to be developed through
extensive outside consultation with children and adolescents, their
families, advocates and health professionals.
Second, my legislation authorizes two matching grants of $22.5
million each for community health centers--many of which primarily
serve low-income populations and primary health care facilities, such
as a pediatrician's office, to provide community-based mental health
services in coordination with community mental health centers and/or
trained mental health professionals.
Third, my legislation authorizes a new grant of $22.5 million for
States, localities and private nonprofit organizations--e.g., school
districts--to provide community-based mental health services in schools
appropriate mental health training activities to relevant school and
health professionals.
Fourth, my legislation authorizes a new grant of $20 million for
States, localities and private nonprofit organizations to provide
community-based mental health services specifically for at-risk mothers
and their children.
Fifth, my legislation authorizes a new grant of $10 million for
States, localities and private nonprofit organizations to provide
community-based mental health services for children and adolescents in
juvenile justice systems.
Sixth, my legislation authorizes $10 million for the Secretary of
Health and Human Services to establish, run and evaluate a
demonstration project that improves the ability of local case managers
to work across the mental health, public health, substance abuse, child
welfare, education, juvenile justice and social services systems in a
State.
Finally, my legislation requires States to meet their statutory
obligations to fund fully mental health screening services under the
Early and Periodic Screening, Diagnostic and Treatment Services
Program. It also requires current successful initiatives, such as the
Comprehensive Community Mental Health Services for Children with
Serious Emotional Disturbance Program, the Community Mental Health
Services Performance Partnership Block Grant, the Community Mental
Health Services Block Grant, and the Jail Diversion Program, to expand
their scope with respect to certain reporting, evaluative, and service
activities.
The second objective my legislation seeks to meet is ensuring greater
public awareness and greater family participation in mental health
services decision-making. Towards this end, my legislation does the
following:
First, it authorizes a new grant of $10 million for States,
localities and private nonprofit organizations to develop policies that
enable families of children and adolescents with mental health
disorders to have increased control and choice over mental health
services provided and received through a publicly-funded mental health
system.
Second, it authorizes a new grant of $10 million for private
nonprofit organizations to provide information on child and adolescent
mental health disorders, services, support services and respite care to
families of children and adolescents with or who are at risk for mental
health disorders.
Third, it authorizes a new grant of $10 million for private nonprofit
organizations to develop community coalitions and public education
activities that promote child and adolescent resiliency.
In addition, my legislation authorizes $10 million to establish two
new technical assistance centers. These centers are designed to collect
and disseminate information on mental health disorders, mental health
disorder risk factors, mental health services, mental health service
access, relevant support services, reducing seclusion and restraints,
and family participation in mental health service decision-making--
exclusively for children and adolescents with or at risk of mental
health disorders.
The third objective that this legislation seeks to meet is for the
Federal Government to develop a policy specifically designed to meet
the unique mental health needs of children and adolescents. The
legislation authorizes $10 million for the establishment of an
interagency coordinating committee consisting of all Federal officials
whose departments or agencies oversee mental health activities for
children and adolescents. Modeled after language in the Garrett Lee
Smith Memorial Act, my legislation requires the coordinating committee
to consult with outside parties, develop a Federal policy exclusively
pertaining to child and adolescent mental health, and report annually
to Congress on specific challenges and solutions associated with
comprehensively addressing the mental health needs of children and
adolescents.
The fourth and final objective that this legislation seeks to meet is
increasing the amount of research into child and adolescent mental
health. Only through intensive research can we develop evidence-based
best practices that allow us to develop services that fully meet the
mental health needs of our children. Towards that end, my legislation
authorizes a new grant of $12.5 million for States, localities,
institutions of higher education and private nonprofit organizations to
identify and research current service, training and information
awareness gaps in mental health delivery systems for children and
adolescents. My legislation also authorizes $12.5 million to enhance
comprehensive Federal research and evaluation of promising best
practices, existing disparities, psychotropic medications, trauma,
recovery and rehabilitation, and co-occurring disorders as they relate
to child and adolescent mental health.
My colleague on the Health, Education, Labor, and Pensions Committee,
Chairman Enzi, has indicated a desire to bring up the Substance Abuse
and Mental Health Services Administration reauthorization measure soon.
It is my hope that this legislation can contribute to that
reauthorization effort.
I would like to conclude by saying that this legislation, while
comprehensive, is a first step--not a complete solution--towards fully
meeting the challenge of ensuring the resiliency of our children and
adolescents. We need to continue working together--young people,
families, doctors, counselors, nurses, teachers, advocates, and
policymakers--since we all have a stake, either professional or
personal--in this issue. Only by working together can we develop
effective and compassionate ways through which every young person in
this nation is given a solid foundation upon which to reach his or her
dreams in life.
I ask unanimous consent that the text of this legislation be printed
in the Congressional Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3449
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Child and
Adolescent Mental Health Resiliency Act of 2006''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
[[Page S5498]]
TITLE I--STATE AND COMMUNITY ACTIVITIES CONCERNING THE MENTAL HEALTH OF
CHILDREN AND ADOLESCENTS
Sec. 101. Grants concerning comprehensive state mental health plans.
Sec. 102. Grants concerning early intervention and prevention.
Sec. 103. Activities concerning mental health services in schools.
Sec. 104. Activities concerning mental health services under the early
and periodic screening, diagnostic, and treatment
services program.
Sec. 105. Activities concerning mental health services for at-risk
mothers and their children.
Sec. 106. Activities concerning interagency case management.
Sec. 107. Grants concerning consumer and family participation.
Sec. 108. Grants concerning information on child and adolescent mental
health services.
Sec. 109. Activities concerning public education of child and
adolescent mental health disorders and services.
Sec. 110. Technical assistance center concerning training and seclusion
and restraints.
Sec. 111. Technical assistance centers concerning consumer and family
participation.
Sec. 112. Comprehensive community mental health services for children
and adolescents with serious emotional disturbances.
Sec. 113. Community mental health services performance partnership
block grant.
Sec. 114. Community mental health services block grant program.
Sec. 115. Grants for jail diversion programs.
TITLE II--FEDERAL INTERAGENCY COLLABORATION AND RELATED ACTIVITIES
Sec. 201. Interagency coordinating committee concerning the mental
health of children and adolescents.
TITLE III--RESEARCH ACTIVITIES CONCERNING THE MENTAL HEALTH OF CHILDREN
AND ADOLESCENTS
Sec. 301. Activities concerning evidence-based or promising best
practices.
Sec. 302. Federal research concerning adolescent mental health.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the Surgeon General's Conference on
Children's Mental Health: A National Action Agenda, mental
health is a critical component of children's learning and
general health.
(2) According to the Surgeon General's Conference on
Children's Mental Health: A National Action Agenda, one in 10
children and adolescents suffer from mental illness severe
enough to cause some level of impairment.
(3) According to the Surgeon General's Conference on
Children's Mental Health: A National Action Agenda, only one
in five children and adolescents who suffer from severe
mental illness receive the specialty mental health services
they require.
(4) According to the World Health Organization, childhood
neuropsychiatric disorders will rise by over 50 percent by
2020, internationally, to become one of the five most common
causes of morbidity, mortality, and disability among
children.
(5) According to the Surgeon General's Conference on
Children's Mental Health: A National Action Agenda, the
burden of suffering experienced by children with mental
illness and their families has created a health crisis in
this country.
(6) According to the Surgeon General's Conference on
Children's Mental Health: A National Action Agenda, there is
broad evidence that the nation lacks a unified infrastructure
to help children suffering from mental illness;
(7) According to the President's New Freedom Commission on
Mental Health, President George Bush identified three
obstacles preventing Americans with mental illness from
getting the care they require: stigma that surrounds mental
illness; unfair treatment limitations and financial
requirements placed on mental health benefits in private
health insurance, and; the fragmented mental health service
delivery system.
(8) According to the Surgeon General's Conference on
Children's Mental Health: A National Action Agenda, one way
to ensure that the country's health system meets the mental
health needs of children is to move towards a community-based
mental health delivery system that balances health promotion,
disease prevention, early detection, and universal access to
care.
(9) According to the President's New Freedom Commission on
Mental Health, transforming the country's mental health
delivery system rests on two principles: services and
treatments must be consumer and family-centered, and; care
must focus on increasing a person's ability to successfully
cope with life's challenges, on facilitating recovery, and
building resiliency.
(10) According to the Surgeon General's Conference on
Children's Mental Health: A National Action Agenda, the
mental health and resiliency of children can be ensured by
methods that: promote public awareness of children's mental
health issues and reduce stigma associated with mental
illness; continue to develop, disseminate, and implement
scientifically-proven prevention and treatment services in
the field of children's mental health; improve the assessment
of and recognition of mental health needs in children;
eliminate racial, ethnic and socioeconomic disparities in
access to mental healthcare services; improve the
infrastructure for children's mental health services,
including support for scientifically-proven interventions
across professions; increase access to and coordination of
quality mental healthcare services; train frontline providers
to recognize and manage mental health issues, and educate
mental healthcare providers about scientifically-proven
prevention and treatment services, and; monitor the access to
and coordination of quality mental healthcare services.
(11) According to the President's New Freedom Commission on
Mental Health, the country's mental health delivery system
can be successfully transformed by methods that: ensure
Americans understand that mental health is essential to
overall health; ensure mental health care is consumer and
family-driven; eliminate disparities in mental healthcare
services; ensure early mental health screening, assessment,
and referral services are common practices; ensure that
excellent mental health care is delivered and research is
accelerated, and; technology is used to access mental health
care and information.
TITLE I--STATE AND COMMUNITY ACTIVITIES CONCERNING THE MENTAL HEALTH OF
CHILDREN AND ADOLESCENTS
SEC. 101. GRANTS CONCERNING COMPREHENSIVE STATE MENTAL HEALTH
PLANS.
Subpart 3 of part B of title V of the Public Health Service
Act (42 U.S.C. 290bb-31 et seq.) is amended by inserting
after section 520A, the following:
``SEC. 520B. COMPREHENSIVE STATE MENTAL HEALTH PLANS.
``(a) Grants.--The Secretary, acting through the Center for
Mental Health Services, shall award a 1-year, non-renewable
grant to, or enter into a 1-year cooperative agreement with,
a State for the development and implementation by the State
of a comprehensive State mental health plan that exclusively
meets the mental health needs of children and adolescents,
including providing for early intervention, prevention, and
recovery oriented services and supports for children and
adolescents, such as mental and primary health care,
education, transportation, and housing.
``(b) Application.--To be eligible to receive a grant or
cooperative agreement under this section a State shall submit
to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require,
including--
``(1) a certification by the governor of the State that the
governor will be responsible for overseeing the development
and implementation of the comprehensive State mental health
plan; and
``(2) the signature of the governor of the State.
``(c) Requirements.--The Comprehensive State Plan shall
include the following:
``(1) An evaluation of all the components of the current
mental health system in the State, including the estimated
number of children and adolescents requiring and receiving
mental health services, as well as support services such as
primary health care, education, and housing.
``(2) A description of the long-term objectives of the
State for policies concerning children and adolescents with
mental disorders. Such objectives shall include--
``(A) the provision of early intervention and prevention
services to children and adolescents with, or who are at risk
for, mental health disorders that are integrated with school
systems, educational institutions, juvenile justice systems,
substance abuse programs, mental health programs, primary
care programs, foster care systems, and other child and
adolescent support organizations;
``(B) a demonstrated collaboration among agencies that
provide early intervention and prevention services or a
certification that entities will engage in such future
collaboration;
``(C) implementing or providing for the evaluation of
children and adolescents mental health services that are
adapted to the local community;
``(D) implementing collaborative activities concerning
child and adolescent mental health early intervention and
prevention services;
``(E) the provision of timely appropriate community-based
mental health care and treatment of children and adolescents
in child and adolescent-serving settings and agencies;
``(F) the provision of adequate support and information
resources to families of children and adolescents with, or
who are at risk for, mental health disorders;
``(G) the provision of adequate support and information
resources to advocacy organizations that serve children and
adolescents with, or who are at risk for, mental health
disorders, and their families;
``(H) identifying and offering access to services and care
to children and adolescents and their families with diverse
linguistic and cultural backgrounds;
[[Page S5499]]
``(I) identifying and offering equal access to services in
all geographic regions of the State;
``(J) identifying and offering appropriate access to
services in geographical regions of the State with above-
average occurrences of child and adolescent mental health
disorders;
``(K) identifying and offering appropriate access to
services in geographical regions of the State with above-
average rates of children and adolescents with co-occurring
mental health and substance abuse disorders;
``(L) offering continuous and up-to-date information to,
and carrying out awareness campaigns that target children and
adolescents, parents, legal guardians, family members,
primary care professionals, mental health professionals,
child care professionals, health care providers, and the
general public and that highlight the risk factors associated
with mental health disorders and the life-saving help and
care available from early intervention and prevention
services;
``(M) ensuring that information and awareness campaigns on
mental health disorder risk factors, and early intervention
and prevention services, use effective and culturally-
appropriate communication mechanisms that are targeted to and
reach adolescents, families, schools, educational
institutions, juvenile justice systems, substance abuse
programs, mental health programs, primary care programs,
foster care systems, and other child and adolescent support
organizations;
``(N) implementing a system to ensure that primary care
professionals, mental health professionals, and school and
child care professionals are properly trained in evidence-
based best practices in child and adolescent mental health
early intervention and prevention, treatment and
rehabilitation services and that those professionals involved
with providing early intervention and prevention services are
properly trained in effectively identifying children and
adolescents with or who are at risk for mental health
disorders;
``(O) the provision of continuous training activities for
primary care professionals, mental health professionals, and
school and child care professionals on evidence-based or
promising best practices;
``(P) the provision of continuous training activities for
primary care professionals, mental health professionals, and
school and child care professionals on family and consumer
involvement and participation;
``(Q) conducting annual self-evaluations of all outcomes
and activities, including consulting with interested families
and advocacy organizations for children and adolescents.
``(3) A cost-assessment relating to the development and
implementation of the State plan and a description of how the
State will measure performance and outcomes across relevant
agencies and service systems.
``(4) A timeline for achieving the objectives described in
paragraph (2).
``(5) An outline for achieving the sustainability of the
objectives described in paragraph (2).
``(d) Application of Other Requirements.--The authorities
and duties of State mental health planning councils provided
for under sections 1914 and 1915 with respect to State mental
health block grant planning shall apply to the development
and the implementation of the comprehensive State mental
health plan.
``(e) Participation and Implementation.--
``(1) Participation.--In developing and implementing the
comprehensive State mental health plan under a grant or
cooperative agreement under this section, the State shall
ensure the participation of the State agency heads
responsible for child and adolescent mental health, substance
abuse, child welfare, medicaid, public health, developmental
disabilities, social services, juvenile justice, housing, and
education.
``(2) Consultation.--In developing and implementing the
comprehensive State mental health plan under a grant or
cooperative agreement under this section, the State shall
consult with--
``(A) the Federal interagency coordinating committee
established under section 401 of the Child and Adolescent
Mental Health Resiliency Act of 2006;
``(B) State and local agencies, including agencies
responsible for child and adolescent mental health care,
early intervention and prevention services under titles IV,
V, and XIX of the Social Security Act, and the State's
Children's Health Insurance Program under title XXI of the
Social Security Act;
``(C) State mental health planning councils (described in
section 1914);
``(D) local, State, and national advocacy organizations
that serve children and adolescents with or who are at risk
for mental health disorders and their families;
``(E) relevant national medical and other health
professional and education specialty organizations;
``(F) children and adolescents with mental health disorders
and children and adolescents who are currently receiving
early intervention or prevention services;
``(G) families and friends of children and adolescents with
mental health disorders and children and adolescents who are
currently receiving early intervention or prevention
services;
``(H) families and friends of children and adolescents who
have attempted or completed suicide;
``(I) qualified professionals who possess the specialized
knowledge, skills, experience, training, or relevant
attributes needed to serve children and adolescents with or
who are at risk for mental health disorders and their
families; and
``(J) third-party payers, managed care organizations, and
related employer and commercial industries.
``(3) Signature.--The Governor of the State shall sign the
comprehensive State mental health plan application and be
responsible for overseeing the development and implementation
of the plan.
``(f) Satisfaction of Other Federal Requirements.--A State
may utilize the comprehensive State mental health plan that
meets the requirements of this section to satisfy the
planning requirements of other Federal mental health programs
administered by the Secretary, including as the Community
Mental Health Services Block Grant and the Children's Mental
Health Services Program, so long as the requirements of such
programs are satisfied through the plan.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
fiscal year 2007, and such sums as may be necessary for each
of fiscal years 2008 through 2011.''.
SEC. 102. GRANTS CONCERNING EARLY INTERVENTION AND
PREVENTION.
Title V of the Public Health Services Act (42 U.S.C. 290aa
et seq.) is amended by adding at the end the following:
``PART K--MISCELLANEOUS MENTAL HEALTH PROVISIONS
``SEC. 597. GRANTS FOR MENTAL HEALTH ASSESSMENT SERVICES.
``(a) In General.--The Secretary shall award 5-year
matching grants to, or enter into cooperative agreements
with, community health centers that receive assistance under
section 330 to enable such centers to provide child and
adolescent mental health early intervention and prevention
services to eligible children and adolescents, and to provide
referral services to, or early intervention and prevention
services in coordination with, community mental health
centers and other appropriately trained providers of care.
``(b) Application.--To be eligible to receive a grant or
cooperative agreement under subsection (a) an entity shall--
``(1) be a community health center that receives assistance
under section 330;
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require;
``(3) provide assurances that the entity will have
appropriately qualified behavioral health professional staff
to ensure prompt treatment or triage for referral to a
speciality agency or provider; and
``(4) provide assurances that the entity will encourage
formal coordination with community mental health centers and
other appropriate providers to ensure continuity of care.
``(c) Identification.--In providing services with amounts
received under a grant or cooperative agreement under this
section, an entity shall ensure that appropriate screening
tools are used to identify at-risk children and adolescents
who are eligible to receive care from a community health
centers.
``(d) Matching Requirement.--With respect to the costs of
the activities to be carried out by an entity under a grant
or cooperative agreement under this section, an entity shall
provide assurances that the entity will make available
(directly or through donations from public or private
entities) non-Federal contributions towards such costs in an
amount that is not less than $1 for each $1 of Federal funds
provided under the grant or cooperative agreement.
``SEC. 597A. GRANTS FOR PRIMARY CARE AND MENTAL HEALTH EARLY
INTERVENTION AND PREVENTION SERVICES.
``(a) In General.--The Secretary shall award 5-year
matching grants to, or enter into cooperative agreements
with, States, political subdivisions of States, consortium of
political subdivisions, tribal organizations, public
organizations, or private nonprofit organizations to enable
such entities to provide assistance to mental health programs
for early intervention and prevention services to children
and adolescents with, or who are at-risk of, mental health
disorders and that are in primary care settings.
``(b) Application.--To be eligible to receive a grant or
cooperative agreement under subsection (a) an entity shall--
``(1) be a State, a political subdivision of a State, a
consortia of political subdivisions, a tribal organization, a
public organization, or private nonprofit organization; and
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(c) Use of Funds.--An entity shall use amounts received
under a grant or cooperative agreement under this section
to--
``(1) provide appropriate child and adolescent mental
health early intervention and prevention assessment services;
``(2) provide appropriate child and adolescent mental
health treatment services;
``(3) provide monitoring and referral for specialty
treatment of medical or surgical conditions for children and
adolescents ; and
``(4) facilitate networking between primary care
professionals, mental health professionals, and child care
professionals for--
``(A) case management development;
``(B) professional mentoring; and
``(C) enhancing the provision of mental health services in
schools.
[[Page S5500]]
``(d) Matching Requirements.--With respect to the costs of
the activities to be carried out by an entity under a grant
or cooperative agreement under this section, an entity shall
provide assurances that the entity will make available
(directly or through donations from public or private
entities) non-Federal contributions towards such costs in an
amount that is not less than $1 for each $1 of Federal funds
provided under the grant or cooperative agreement.
``SEC. 597B. GRANTS FOR MENTAL HEALTH AND PRIMARY CARE EARLY
INTERVENTION AND PREVENTION SERVICES.
``(a) In General.--The Secretary shall award 5-year
matching grants to, or enter into cooperative agreements
with, States, political subdivisions of States, consortium of
political subdivisions, tribal organizations, public
organizations, or private nonprofit organizations to enable
such entities to provide assistance to primary care programs
for children and adolescents with, or who are at-risk of,
mental health disorders who are in mental health settings.
``(b) Application.--To be eligible to receive a grant or
cooperative agreement under subsection (a) an entity shall--
``(1) be a State, a political subdivision of a State, a
consortia of political subdivisions, a tribal organization,
or a private nonprofit organization; and
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(c) Use of Funds.--An entity shall use amounts received
under a grant or cooperative agreement under this section
to--
``(1) provide appropriate primary health care services,
including screening, routine treatment, monitoring, and
referral for specialty treatment of medical or surgical
conditions;
``(2) provide appropriate monitoring of medical conditions
of children and adolescents receiving mental health services
from the applicant and refer them, as needed, for specialty
treatment of medical or surgical conditions; and
``(3) facilitate networking between primary care
professionals, mental health professionals and child care
professionals for--
``(A) case management development; and
``(B) professional mentoring.
``(d) Matching Funds.--With respect to the costs of the
activities to be carried out by an entity under a grant or
cooperative agreement under this section, an entity shall
provide assurances that the entity will make available
(directly or through donations from public or private
entities) non-Federal contributions towards such costs in an
amount that is not less than $1 for each $1 of Federal funds
provided under the grant or cooperative agreement.
``SEC. 597C. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
part $22,500,000 for fiscal year 2007, and such sums as may
be necessary for each of fiscal years 2008 through 2011.''.
SEC. 103. ACTIVITIES CONCERNING MENTAL HEALTH SERVICES IN
SCHOOLS.
(a) Efforts of Secretary to Improve the Mental Health of
Students.--The Secretary of Education, in collaboration with
the Secretary of Health and Human Services, shall--
(1) encourage elementary and secondary schools and
educational institutions to address mental health issues
facing children and adolescents by--
(A) identifying children and adolescents with, or who are
at-risk for, mental health disorders;
(B) providing or linking children and adolescents to
appropriate mental health services and supports; and
(C) assisting families, including providing families with
resources on mental health services for children and
adolescents and a link to relevant local and national
advocacy and support organizations;
(2) collaborate on expanding and fostering a mental health
promotion and early intervention strategy with respect to
children and adolescents that focuses on emotional well being
and resiliency and fosters academic achievement;
(3) encourage elementary and secondary schools and
educational institutions to use positive behavioral support
procedures and functional behavioral assessments on a school-
wide basis as an alternative to suspending or expelling
children and adolescents with or who are at risk for mental
health needs; and
(4) provide technical assistance to elementary and
secondary schools and educational institutions to implement
the provisions of paragraphs (1) through (3).
(b) Grants.--
(1) In general.--The Secretary of Education, in
collaboration with the Secretary of Health and Human
Services, shall award grants to, or enter into cooperative
agreements with, States, political subdivisions of States,
consortium of political subdivisions, tribal organizations,
public organizations, private nonprofit organizations,
elementary and secondary schools, and other educational
institutions to provide directly or provide access to mental
health services and case management of services in elementary
and secondary schools and other educational settings.
(2) Application.--To be eligible to receive a grant or
cooperative agreement under paragraph (1) an entity shall--
(A) be a State, a political subdivision of a State, a
consortia of political subdivisions, a tribal organization, a
public organization, a private nonprofit organization, an
elementary or secondary school, or an educational
institution; and
(B) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require, including an assurance that the
entity will--
(i) provide directly or provide access to early
intervention and prevention services in settings with an
above average rate of children and adolescents with mental
health disorders;
(ii) provide directly or provide access to early
intervention and prevention services in settings with an
above average rate of children and adolescents with co-
occurring mental health and substance abuse disorders; and
(iii) demonstrate a broad collaboration of parents, primary
care professionals, school and mental health professionals,
child care processionals including those in educational
settings, legal guardians, and all relevant local agencies
and organizations in the application for, and administration
of, the grant or cooperative agreement.
(3) Use of funds.--An entity shall use amounts received
under a grant or cooperative agreement under this subsection
to provide--
(A) mental health identification services;
(B) early intervention and prevention services to children
and adolescents with or who are at-risk of mental health
disorders; and
(C) mental health-related training to primary care
professionals, school and mental health professionals, and
child care professionals, including those in educational
settings.
(c) Counseling and Behavioral Support Guidelines.--The
Secretary of Education, in collaboration with the Secretary
of Health and Human Services, shall develop and issue
guidelines to elementary and secondary schools and
educational institutions that encourage such schools and
institutions to provide counseling and positive behavioral
supports, including referrals for needed early intervention
and prevention services, treatment, and rehabilitation to
children and adolescents who are disruptive or who use drugs
and show signs or symptoms of mental health disorders. Such
schools and institutions shall be encouraged to provide such
services to children and adolescents in lieu of suspension,
expulsion, or transfer to a juvenile justice system without
any support referral services or system of care.
(d) Study.--
(1) In general.--The Government Accountability Office shall
conduct a study to assess the scientific validity of the
Federal definition of a child or adolescent with an
``emotional disturbance'' as provided for in the regulations
of the Department of Education under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.), and
whether, as written, such definition now excludes children
and adolescents inappropriately through a determination that
those children and adolescents are ``socially maladjusted''.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Government Accountability Office
shall submit to the appropriated committees of Congress a
report concerning the results of the study conducted under
paragraph (1).
(e) Rule of Construction.--Nothing in this section shall be
construed--
(1) to supercede the provisions of section 444 of the
General Education Provisions Act (20 U.S.C. 1232g), including
the requirement of prior parental consent for the disclosure
of any education records; and
(2) to modify or affect the parental notification
requirements for programs authorized under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $22,500,000 for
fiscal year 2007, and such sums as may be necessary for each
of fiscal years 2008 through 2011.
SEC. 104. ACTIVITIES CONCERNING MENTAL HEALTH SERVICES UNDER
THE EARLY AND PERIODIC SCREENING, DIAGNOSTIC,
AND TREATMENT SERVICES PROGRAM.
(a) Notification.--The Secretary of Health and Human
Services, acting through the Director of the Centers for
Medicare and Medicaid Services, shall notify State Medicaid
agencies of--
(1) obligations under section 1905(r) of the Social
Security Act with respect to the identification of children
and adolescents with mental health disorders and of the
availability of validated mechanisms that aid pediatricians
and other primary care professionals to incorporate such
activities; and
(2) information on financing mechanisms that such agencies
may use to reimburse primary care professionals, mental
health professionals, and child care professionals who
provide mental health services as authorized under such
definition of early and period screening, diagnostic, and
treatment services.
(b) Requirements.--State Medicaid agencies who receive
funds for early and period screening, diagnostic, and
treatment services funding shall provide an annual report to
the Secretary of Health and Human Services that--
(1) analyzes the rates of eligible children and adolescents
who receive mental health identification services of the type
described in subsection (a)(1) under the medicaid program in
the State;
(2) analyzes the ways in which such agency has used
financing mechanisms to reimburse primary care professionals,
mental health
[[Page S5501]]
professionals, and child care professionals who provide such
mental health services;
(3) identifies State program rules and funding policies
that may impede such agency from meeting fully the Federal
requirements with respect to such services under the medicaid
program; and
(4) makes recommendations on how to overcome the
impediments identified under paragraph (3).
SEC. 105. ACTIVITIES CONCERNING MENTAL HEALTH SERVICES FOR
AT-RISK MOTHERS AND THEIR CHILDREN.
Title V of the Social Security Act (42 U.S.C. 701 et seq.)
is amended by adding at the end the following:
``SEC. 511. ENHANCING MENTAL HEALTH SERVICES FOR AT-RISK
MOTHERS AND THEIR CHILDREN.
``(a) Grants.--The Secretary shall award grants to, or
enter into cooperative agreements with, States, political
subdivisions of States, consortium of political subdivisions,
tribal organizations, public organizations, and private
nonprofit organizations to provide appropriate mental health
promotion and mental health services to at-risk mothers,
grandmothers who are legal guardians, and their children.
``(b) Application.--To be eligible to receive a grant or
cooperative agreement under subsection (a) an entity shall--
``(1) be a State, a political subdivision of a State, a
consortia of political subdivisions, a tribal organization, a
public organization, or a private nonprofit organization; and
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(c) Use of Funds.--Amounts received under a grant or
cooperative agreement under this section shall be used to--
``(1) provide mental health early intervention, prevention,
and case management services;
``(2) provide mental health treatment services; and
``(3) provide monitoring and referral for specialty
treatment of medical or surgical conditions.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $20,000,000 for
fiscal year 2007, and such sums as may be necessary for each
of fiscal years 2008 through 2011.''.
SEC. 106. ACTIVITIES CONCERNING INTERAGENCY CASE MANAGEMENT.
Part L of title V of the Public Health Service Act, as
added by section 102, is amended by adding at the end the
following:
``SEC. 597C. INTERAGENCY CASE MANAGEMENT.
``(a) In General.--The Secretary shall establish a program
to foster the ability of local case managers to work across
the mental health, substance abuse, child welfare, education,
and juvenile justice systems in a State. As part of such
program, the Secretary shall develop a model system that--
``(1) establishes a training curriculum for primary care
professionals, mental health professionals, school and child
care professionals, and social workers who work as case
managers;
``(2) establishes uniform standards for working in multiple
service systems; and
``(3) establishes a cross-system case manager certification
process.
``(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
fiscal year 2007, and such sums as may be necessary for each
of fiscal years 2008 through 2011.''.
SEC. 107. GRANTS CONCERNING CONSUMER AND FAMILY
PARTICIPATION.
Part K of title V of the Public Health Service Act, as
added by section 102 and amended by section 106, is further
amended by adding at the end the following:
``SEC. 597D. CONSUMER AND FAMILY CONTROL IN CHILD AND
ADOLESCENT MENTAL HEALTH SERVICE DECISIONS.
``(a) Grants.--The Secretary shall award grants to, or
enter into cooperative agreements with, States, political
subdivisions of States, consortium of political subdivisions,
and tribal organizations for the development of policies and
mechanisms that enable consumers and families to have
increased control and choice over child and adolescent mental
health services received through a publicly-funded mental
health system.
``(b) Application.--To be eligible to receive a grant or
cooperative agreement under subsection (a) an entity shall--
``(1) be a State, a political subdivision of a State, a
consortia of political subdivisions, or a tribal
organization; and
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(c) Use of Funds.--An entity shall use amounts received
under a grant or cooperative agreement under this section to
carry out the activities described in subsection (a). Such
activities may include--
``(1) the facilitation of mental health service planning
meetings by consumer and family advocates, particularly peer
advocates;
``(2) the development of consumer and family cooperatives;
and
``(3) the facilitation of national networking between State
political subdivisions and tribal organizations engaged in
promoting increased consumer and family participation in
decisions regarding mental health services for children and
adolescents.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $10,000,000 for
fiscal year 2007, and such sums as may be necessary for each
of fiscal years 2008 through 2011.''.
SEC. 108. GRANTS CONCERNING INFORMATION ON CHILD AND
ADOLESCENT MENTAL HEALTH SERVICES.
Part K of title V of the Public Health Service Act, as
added by section 102 and amended by section 107, is further
amended by adding at the end the following:
``SEC. 597E. INCREASED INFORMATION ON CHILD AND ADOLESCENT
MENTAL HEALTH SERVICES.
``(a) Grants.--The Secretary shall award grants to, or
enter into cooperative agreements with, private nonprofit
organizations to enable such organizations to provide
information on child and adolescent mental health and
services, consumer or parent-to-parent support services,
respite care, and other relevant support services to--
``(1) parents and legal guardians of children or
adolescents with or who are at risk for mental health
disorders; and
``(2) families of adolescents with or who are at risk for
mental health disorders.
``(b) Application.--To be eligible to receive a grant or
cooperative agreement under subsection (a) an entity shall--
``(1) be a private, nonprofit organization; and
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $10,000,000 for
fiscal year 2007, and such sums as may be necessary for each
of fiscal years 2008 through 2011.''.
SEC. 109. ACTIVITIES CONCERNING PUBLIC EDUCATION OF CHILD AND
ADOLESCENT MENTAL HEALTH DISORDERS AND
SERVICES.
Part K of title V of the Public Health Service Act, as
added by section 102 and amended by section 108, is further
amended by adding at the end the following:
``SEC. 597F. ACTIVITIES CONCERNING PUBLIC EDUCATION OF CHILD
AND ADOLESCENT MENTAL HEALTH DISORDERS AND
SERVICES.
``(a) Educational Campaign.--The Secretary shall develop,
coordinate, and implement an educational campaign to increase
public understanding of mental health promotion, child and
adolescent emotional well-being and resiliency, and risk
factors associated with mental health disorders in children
and adolescents.
``(b) Grants.--
``(1) In general.--The Secretary shall award grants to, or
enter into cooperative agreements with, public and private
nonprofit organizations with qualified experience in public
education to build community coalitions and increase public
awareness of mental health promotion, child and adolescent
emotional well-being and resiliency, and risk factors
associated with mental health disorders in children and
adolescents.
``(2) Application.--To be eligible to receive a grant or
cooperative agreement under paragraph (1), an entity shall--
``(A) be a public or private nonprofit organization; and
``(B) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(3) Use of funds.--Amounts received under a grant or
contract under this subsection shall be used to--
``(A) develop community coalitions to support the purposes
of paragraph (1); and
``(B) develop and implement public education activities
that compliment the activities described in subsection (a)
and support the purposes of paragraph (1).
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $10,000,000 for
fiscal year 2007, and such sums as may be necessary for each
of fiscal years 2008 through 2011.''.
SEC. 110. TECHNICAL ASSISTANCE CENTER CONCERNING TRAINING AND
SECLUSION AND RESTRAINTS.
Part K of title V of the Public Health Service Act, as
added by section 102 and amended by section 109, is further
amended by adding at the end the following:
``SEC. 597G. TECHNICAL ASSISTANCE CENTER CONCERNING SECLUSION
AND RESTRAINTS.
``(a) Seclusion and Restraints.--Acting through the
technical assistance center established under subsection (b),
the Secretary shall--
``(1) develop and disseminate educational materials that
encourage ending the use of seclusion and restraints in all
facilities or programs in which a child or adolescent resides
or receives care or services;
``(2) gather, analyze, and disseminate information on best
or promising best practices that can minimize conflicts
between parents, legal guardians, primary care professionals,
mental health professionals, school and child care
professionals to create a safe environment for children and
adolescents with mental health disorders; and
``(3) provide training for primary professionals, mental
health professionals, and school and child care professionals
on effective techniques or practices that serve as
alternatives to coercive control interventions, including
techniques to reduce challenging, aggressive, and resistant
behaviors, that require seclusion and restraints.
``(b) Consultation.--In carrying out this section, the
Secretary shall consult with--
``(1) local and national advocacy organizations that serve
children and adolescents who may require the use of seclusion
and restraints, and their families;
[[Page S5502]]
``(2) relevant national medical and other health and
education specialty organizations; and
``(3) qualified professionals who possess the specialized
knowledge, skills, experience, and relevant attributes needed
to serve children and adolescents who may require the use of
seclusion and restraints, and their families.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $5,000,000 for
fiscal year 2007, and such sums as may be necessary for each
of fiscal years 2008 through 2011.''.
SEC. 111. TECHNICAL ASSISTANCE CENTERS CONCERNING CONSUMER
AND FAMILY PARTICIPATION.
Part K of title V of the Public Health Service Act, as
added by section 102 and amended by section 110, is further
amended by adding at the end the following:
``SEC. 597H. TECHNICAL ASSISTANCE CENTERS CONCERNING CONSUMER
AND FAMILY PARTICIPATION.
``(a) Grants.--The Secretary shall award 5-year grants to,
or enter into cooperative agreements with, private nonprofit
organizations for the development and implementation of three
technical assistance centers to support full consumer and
family participation in decision-making about mental health
services for children and adolescents.
``(b) Application.--To be eligible to receive a grant or
cooperative agreement under subsection (a) an entity shall--
``(1) be a private, nonprofit organization that
demonstrates the ability to establish and maintain a
technical assistance center described in this section; and
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(c) Use of Funds.--An entity shall use amounts received
under a grant or cooperative agreement under this section to
establish a technical assistance center of the type referred
to in subsection (a). Through such center, the entity shall--
``(1) collect and disseminate information on mental health
disorders and risk factors for mental health disorders in
children and adolescents;
``(2) collect and disseminate information on available
resources for specific mental health disorders, including co-
occurring mental health and substance abuse disorders;
``(3) disseminate information to help consumers and
families engage in illness self management activities and
access services and resources on mental health disorder self-
management;
``(4) support the activities of self-help organizations;
``(5) support the training of peer specialists, family
specialists, primary care professionals, mental health
professionals, and child care professionals;
``(6) provide assistance to consumer and family-delivered
service programs and resources in meeting their operational
and programmatic needs; and
``(7) provide assistance to consumers and families that
participate in mental health system advisory bodies,
including state mental health planning councils.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $5,000,000 for
fiscal year 2007, and such sums as may be necessary for each
of fiscal years 2008 through 2011.''.
SEC. 112. COMPREHENSIVE COMMUNITY MENTAL HEALTH SERVICES FOR
CHILDREN AND ADOLESCENTS WITH SERIOUS EMOTIONAL
DISTURBANCES.
Section 561 of the Public Health Service Act (42 U.S.C.
290ff) is amended--
(1) in subsection (b)(1)(A), by inserting before the
semicolon the following: ``and provides assurances that the
State will use grant funds in accordance with the
comprehensive State mental health plan submitted under
section 520B''; and
(2) in subsection (b), by adding at the end the following:
``(4) Review of possible impediments.--A State may use
amounts received under a grant under this section to conduct
an interagency review of State mental health program rules
and funding policies that may impede the development of the
comprehensive State mental health plan submitted under
section 520B.''.
SEC. 113. COMMUNITY MENTAL HEALTH SERVICES PERFORMANCE
PARTNERSHIP BLOCK GRANT.
Section 1912(b) of the Public Health Service Act (42 U.S.C.
300x-2(b)) is amended by adding at the end the following:
``(6) Performance measures.--The plan requires that
performance measures be reported for adults and children
separately.
``(7) Other mental health services.--In addition to
reporting on mental health services funded under a community
mental health services performance partnership block grant,
States are encouraged to report on all mental health services
provided by the State mental health agency.''.
SEC. 114. COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANT
PROGRAM.
(a) In General.--Section 1912(b) of the Public Health
Service Act (42 U.S.C. 300x-2(b)) is amended by adding at the
end the following:
``(8) Co-occurring treatment services.--The plan provides
for a system of support for the provision of co-occurring
treatment services, including early intervention and
prevention, and integrated mental health and substance abuse
and services, for adolescents with co-occurring mental health
and substance abuse disorders. Services shall be provided
through the system under this paragraph in accordance with
the Substance Abuse Prevention Treatment Block Grant program
under subpart II.''.
(b) Guidelines for Integrated Treatment Services.--Section
1915 of the Public Health Service Act (42 U.S.C. 300x-4) is
amended by adding at the end the following:
``(c) Guidelines for Integrated Treatment Services.--The
Secretary shall issue written policy guidelines for use by
States that describe how amounts received under a grant under
this subpart may be used to fund integrated treatment
services for children and adolescents with mental health
disorders and with co-occurring mental health and substance
abuse disorders.
``(d) Model Service Systems Forum.--The Secretary, in
consultation with the Attorney General, shall periodically
convene forums to develop model service systems and promote
awareness of the needs of children and adolescents with co-
occurring mental health disorders and to facilitate the
development of policies to meet those needs.''.
(c) Substance Abuse Grants.--Section 1928 of the Public
Health Service Act (42 U.S.C. 300x-28) is amended by adding
at the end the following:
``(e) Co-Occurring Treatment Services.--A State may use
amounts received under a grant under this subpart to provide
a system of support for the provision of co-occurring
treatment services, including early intervention and
prevention, and integrated mental health and substance abuse
services, for children and adolescents with co-occurring
mental health and substance abuse disorders. Services shall
be provided through the system under this paragraph in
accordance with the Community Mental Health Services Block
Grant program under subpart I.
``(f) Guidelines for Integrated Treatment Services.--The
Secretary shall issue written policy guidelines, for use by
States, that describe how amounts received under a grant
under this section may be used to fund integrated treatment
for children and adolescents with co-occurring substance
abuse and mental health disorders.''.
SEC. 115. GRANTS FOR JAIL DIVERSION PROGRAMS.
Section 520G of the Public Health Service Act (42 U.S.C.
290bb-38)--
(1) in subsection (a), by striking ``up to 125'';
(2) in subsection (d)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period and inserting
a semicolon; and
(C) by adding at the end the following:
``(5) provide appropriate community-based mental health and
co-occurring mental illness and substance abuse services to
children and adolescents determined to be at risk of contact
with the law; and
``(6) provide for the inclusion of emergency mental health
centers as part of jail diversion programs.''; and
(3) in subsection (h), by adding at the end the following:
``As part of such evaluations, the grantee shall evaluate the
effectiveness of activities carried out under the grant and
submit reports on such evaluations to the Secretary.''.
SEC. 116. ACTIVITIES CONCERNING MENTAL HEALTH SERVICES FOR
JUVENILE JUSTICE POPULATIONS.
(a) Grants.--The Secretary shall award grants to, or enter
into cooperative agreements with, States, tribal
organizations, political subdivisions of States, consortia of
political subdivisions, public organizations, and private
nonprofit organizations to provide mental health promotions
and mental health services to children and adolescents in
juvenile justice systems.
(b) Application.--To be eligible to receive a grant or
cooperative agreement under subsection (a), an entity shall--
(1) be a State, a tribal organization, a political
subdivision of a State, a consortia of political
subdivisions, a public organization, or a private nonprofit
organization; and
(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(c) Use of Funds.--Amounts received under a grant or
cooperative agreement under this section shall be used to--
(1) provide mental health early intervention, prevention,
and case management services;
(2) provide mental health treatment services; and
(3) provide monitoring and referral for specialty treatment
of medical or surgical conditions.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $10,000,000 for
fiscal year 2007, and such sums as may be necessary for each
of fiscal years 2008 through 2011.
TITLE II--FEDERAL INTERAGENCY COLLABORATION AND RELATED ACTIVITIES
SEC. 201. INTERAGENCY COORDINATING COMMITTEE CONCERNING THE
MENTAL HEALTH OF CHILDREN AND ADOLESCENTS.
(a) In General.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary''), in
collaboration with the Federal officials described in
subsection (b), shall establish an interagency coordinating
committee (referred to in this section as the ``Committee'')
to carry out the activities described in this section
relating to the mental health of children and adolescents.
(b) Federal Officials.--The Federal officials described in
this subsection are the following:
[[Page S5503]]
(1) The Secretary of Education.
(2) The Attorney General.
(3) The Surgeon General.
(4) The Secretary of the Department of Defense.
(5) The Secretary of the Interior.
(6) The Commissioner of Social Security.
(7) Such other Federal officials as the Secretary
determines to be appropriate.
(c) Chairperson.--The Secretary shall serve as the
chairperson of the Committee.
(d) Duties.--The Committee shall be responsible for policy
development across the Federal Government with respect to
child and adolescent mental health.
(e) Collaboration and Consultation.--In carrying out the
activities described in this Act, and the amendments made by
this Act, the Secretary shall collaborate with the Committee
(and the Committee shall collaborate with relevant Federal
agencies and mental health working groups responsible for
child and adolescent mental health).
(f) Consultation.--In carrying out the activities described
in this Act, and the amendments made by this Act, the
Secretary and the Committee shall consult with--
(1) State and local agencies, including agencies
responsible for child and adolescent mental health care,
early intervention and prevention services under titles V and
XIX of the Social Security Act, and the State Children's
Health Insurance Program under title XXI of the Social
Security Act;
(2) State mental health planning councils (as described in
section 1914);
(3) local and national organizations that serve children
and adolescents with or who are at risk for mental health
disorders and their families;
(4) relevant national medical and other health professional
and education specialty organizations;
(5) children and adolescents with mental health disorders
and children and adolescents who are currently receiving
early intervention or prevention services;
(6) families and friends of children and adolescents with
mental health disorders and children and adolescents who are
currently receiving early intervention or prevention
services;
(7) families and friends of children and adolescents who
have attempted or completed suicide;
(8) qualified professionals who possess the specialized
knowledge, skills, experience, training, or relevant
attributes needed to serve children and adolescents with or
who are at risk for mental health disorders and their
families; and
(9) third-party payers, managed care organizations, and
related employer and commercial industries.
(g) Policy Development.--In carrying out the activities
described in this Act, and the amendments made by this Act,
the Secretary shall--
(1) coordinate and collaborate on policy development at the
Federal level with the Committee, relevant Department of
Health and Human Services, Department of Education, and
Department of Justice agencies, and child and adolescent
mental health working groups; and
(2) consult on policy development at the Federal level with
the private sector, including consumer, medical, mental
health advocacy groups, and other health and education
professional-based organizations, with respect to child and
adolescent mental health early intervention and prevention
services.
(h) Reports.--
(1) Initial report.--Not later than 2 years after the date
of enactment of this Act, the Committee shall submit to the
appropriate committees of Congress a report that includes--
(A) the results of an evaluation to be conducted by the
Committee to analyze the effectiveness and efficacy of
current activities concerning the mental health of children
and adolescents;
(B) the results of an evaluation to be conducted by the
Committee to analyze the effectiveness and efficacy of the
activities carried out under grants, cooperative agreements,
collaborations, and consultations under this Act, the
amendments made by this Act, and carried out by existing
Federal agencies
(C) the results of an evaluation to be conducted by the
Committee to analyze identified problems and challenges,
including--
(i) fragmented mental health service delivery systems for
children and adolescents;
(ii) disparities between Federal agencies in mental health
service eligibility requirements for children and
adolescents;
(iii) disparities in regulatory policies of Federal
agencies concerning child and adolescent mental health;
(iv) inflexibility of Federal finance systems to support
evidence-based child and adolescent mental health;
(v) insufficient training of primary care professionals,
mental health professionals, and child care professionals;
(vi) disparities and fragmentation of collection and
dissemination of information concerning child and adolescent
mental health services;
(vii) inability of State Medicaid agencies to meet Federal
requirements concerning child and adolescent mental health
under the early and period screening, diagnostics and
treatment services requirements under the medicaid program
under title XIX of the Social Security Act; and
(viii) fractured Federal interagency collaboration and
consultation concerning child and adolescent mental health;
(D) the recommendations of the Secretary on models and
methods with which to overcome the problems and challenges
described in subparagraph (B) for the purposes of improving
Federal interagency coordination and the development of
Federal mental health policy.
(2) Annual report.--Not later than 1 year after the date on
which the initial report is submitted under paragraph (1), an
annually thereafter, the Committee shall submit to the
appropriate committees of Congress a report concerning the
results of updated evaluations and recommendations described
in paragraph (1).
(i) Personnel Matters.--
(1) Staff and compensation.--Except as provided in
paragraph (2), the Secretary may employ, and fix the
compensation of an executive director and other personnel of
the Committee without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General
Schedule pay rates.
(2) Maximum rate of pay.--The maximum rate of pay for the
executive director and other personnel employed under
paragraph (1) shall not exceed the rate payable for level IV
of the Executive Schedule under section 5316 of title 5,
United States Code.
(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $10,000,000 for
fiscal year 2007, and such sums as may be necessary for each
of fiscal years 2008 through 2011.
TITLE III--RESEARCH ACTIVITIES CONCERNING THE MENTAL HEALTH OF CHILDREN
AND ADOLESCENTS
SEC. 301. ACTIVITIES CONCERNING EVIDENCE-BASED OR PROMISING
BEST PRACTICES.
Part K of title V of the Public Health Service Act, as
added by section 102 and amended by section 111, is further
amended by adding at the end the following:
``SEC. 597I. ACTIVITIES CONCERNING EVIDENCE-BASED OR
PROMISING BEST PRACTICES.
``(a) Grants.--
``(1) In general.--The Secretary shall award grants to, and
enter into cooperative agreements with, States, political
subdivisions of States, consortia of political subdivisions,
tribal organizations, institutions of higher education, or
private nonprofit organizations for the development of child
and adolescent mental health services and support systems
that address widespread and critical gaps in a needed
continuum of mental health service-delivery with a specific
focus on encouraging the implementation of evidence-based or
promising best practices.
``(2) Application.--To be eligible to receive a grant or
cooperative agreement under paragraph (1) an entity shall--
``(A) be a State, a political subdivision of a State, a
consortia of political subdivisions, a tribal organization,
an institution of higher education, or a private nonprofit
organization; and
``(B) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(3) Use of funds.--Amounts received under a grant or
cooperative agreement under this subsection shall be used to
provide for the development and dissemination of mental
health supports and services described in paragraph (1),
including--
``(A) early intervention and prevention services, treatment
and rehabilitation particularly for children and adolescents
with co-occurring mental health and substance abuse
disorders;
``(B) referral services;
``(C) integrated treatment services, including family
therapy, particularly for children and adolescents with co-
occurring mental health and substance abuse disorders;
``(D) colocating primary care and mental health services in
rural and urban areas;
``(E) mentoring and other support services;
``(F) transition services;
``(G) respite care for parents, legal guardians, and
families; and
``(H) home-based care.
``(b) Technical Assistance Center.--The Secretary shall
establish a technical assistance center to assist entities
that receive a grant or cooperative agreement under
subsection (a) in--
``(1) identifying widespread and critical gaps in a needed
continuum of child and adolescent mental health service-
delivery;
``(2) identifying and evaluating existing evidence-based or
promising best practices with respect to child and adolescent
mental health services and supports;
``(3) improving the child and adolescent mental health
service-delivery system by implementing evidence-based or
promising best practices;
``(4) training primary care professionals, mental health
professionals, and child care professionals on evidence-based
or promising best practices;
``(5) informing children and adolescents, parents, legal
guardians, families, advocacy organizations, and other
interested consumer organizations on such evidence-based or
promising best practices; and
``(6) identifying financing structures to support the
implementation of evidence-based or promising best practices
and providing assistance on how to build appropriate
financing structures to support those services.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $12,500,000 for
fiscal
[[Page S5504]]
year 2007, and such sums as may be necessary for each of
fiscal years 2008 through 2011.''.
SEC. 302. FEDERAL RESEARCH CONCERNING ADOLESCENT MENTAL
HEALTH.
Part K of title V of the Public Health Service Act, as
added by section 201 and amended by section 301, is further
amended by adding at the end the following:
``SEC. 597J. FEDERAL RESEARCH CONCERNING ADOLESCENT MENTAL
HEALTH.
``(a) Best Practices.--The Secretary shall provide for the
conduct of research leading to the identification and
evaluation of evidence-based or promising best practices,
including--
``(1) early intervention and prevention mental health
services and systems, particularly for children and
adolescents with co-occurring mental health and substance
abuse disorders;
``(2) mental health referral services;
``(3) integrated mental health treatment services,
particularly for children and adolescents with co-occurring
mental health and substance abuse disorders;
``(4) mentoring and other support services;
``(5) transition services; and
``(6) respite care for parents, legal guardians, and
families of children and adolescents.
``(b) Identification of Existing Disparities.--The
Secretary shall provide for the conduct of research leading
to the identification of factors contributing to the existing
disparities in children and adolescents mental health care in
areas including--
``(1) evidence-based early intervention and prevention,
diagnosis, referral, treatment, and monitoring services;
``(2) psychiatric and psychological epidemiology in racial
and ethnic minority populations;
``(3) therapeutic interventions in racial and ethnic
minority populations;
``(4) psychopharmacology;
``(5) mental health promotion and child and adolescent
emotional well-being and resiliency;
``(6) lack of adequate service delivery systems in urban
and rural regions; and
``(7) lack of adequate reimbursement rates for evidence-
based early intervention and prevention, diagnosis, referral,
treatment, and monitoring services.
``(c) Psychotropic Medications.--The Secretary shall
provide for the conduct of research leading to the
identification of the long-term effects of psychotropic
medications and SSRIs and other pyschotropic medications for
children and adolescents.
``(d) Trauma.--The Secretary shall provide for the conduct
of research leading to the identification of the long-term
effects of trauma on the mental health of children and
adolescents, including the effects of--
``(1) violent crime, particularly sexual abuse;
``(2) physical or medical trauma;
``(3) post-traumatic stress disorders; and
``(4) terrorism and natural disasters.
``(e) Acute Care.--The Secretary shall provide for the
conduct of research leading to the identification of factors
contributing to problems in acute care. Such research shall
address--
``(1) synthesizing the acute care knowledge data base;
``(2) assessing existing capacities and shortages in acute
care;
``(3) reviewing existing model programs that exist to
ensure appropriate and effective acute care;
``(4) developing new models when appropriate; and
``(5) proposing workable solutions to enhance the delivery
of acute care and crisis intervention services.
``(f) Recovery and Rehabilitation.--The Secretary shall
provide for the conduct of research leading to the
identification of methods and models to enhance the recovery
and rehabilitation of children and adolescents with mental
health disorders.
``(g) Co-Occurring Disorders.--The Secretary shall provide
for the conduct of research leading to the identification of
methods and models to enhance services and supports for
children and adolescents with co-occurring mental health and
substance abuse and disorders.
``(h) Research Collaboration.--The Secretary shall provide
for the conduct of research that reviews existing scientific
literature on the relationship between mental and physical
health, particularly identifying new methods and models to
enhance the balance between mental and physical health in
children and adolescents.
``(i) Collaboration.--In carrying out the activities under
this section, the Secretary shall collaborate with the
Federal interagency coordinating committee established under
section 401 of the Child and Youth Equitable Health Act of
2005, and relevant Federal agencies and mental health working
groups responsible for child and adolescent mental health.
``(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $12,500,000 for
fiscal year 2007, and such sums as may be necessary for each
of fiscal years 2008 through 2011.''.
______
By Mr. BROWNBACK (for himself and Mr. Talent):
S. 3454. A bill to amend the Internal Revenue Code of 1986 to improve
the exchange of healthcare information through the use of technology,
to encourage the creation, use and maintenance of lifetime electronic
health records that may contain health plan and debit card
functionality in independent health record banks, to use such records
to build a nationwide health information technology infrastructure, and
to promote participation in health information exchange by consumers
through tax incentives and for other purposes; to the Committee on
Finance.
Mr. BROWNBACK. Mr. President, I rise today to introduce legislation
that would address one of the most critical issues facing Americans
today, that of rising health care costs. America's collective health
care bill represents an increasing percentage of the GDP and, at the
same time, mortality rates remain stubbornly high. It is apparent that
the time has come for innovative health care solutions that will save
money and save lives.
Today, I am introducing the Independent Health Record Bank Act of
2006, a market-driven approach that will save both money and lives by
creating a self-sustaining National Health Information Network for
doctors and patients. Rather than continuing to get by with a patchwork
system of paper records that contributes to medical errors and high
cost, this legislation creates a nationwide system of secure electronic
health records. Under the Independent Health Record Bank Act, ownership
of the record is truly independent and consumer-focused, as this type
of bank provides the objective service of sustaining individual
electronic health records, much like the way financial institutions
maintain assets. This consumer-driven approach will offer Americans
portable and electronic health records over their lifetime at little to
no cost, with specific, established measures for privacy and security.
We saw in the aftermath of Hurricane Katrina, when medical records
and lab results were literally washed away, that the current system of
paper records can prove to be cumbersome at best, and fatal at worst.
Americans should have the ability to access their health records as
easily as they access their bank accounts--through the use of a
national IT network administered by cooperative, not-for-profit
institutions. I urge my colleagues to support this effort through
cosponsorship of this important legislation.
______
By Mr. SANTORUM:
S. 3455. A bill to establish a program to transfer surplus computers
of Federal agencies to schools, nonprofit community-based educational
organizations, and families of members of the Armed Forces who are
deployed, and for other purposes; to the Committee on Homeland Security
and Governmental Affairs.
Mr. SANTORUM. Mr. President, I rise today to introduce a bill which
is intended to ensure that more surplus government computers are put to
good use in our schools and by families of deployed service members.
Each year, it is becoming more and more evident that, especially for
our youth, computer knowledge is essential for success. While many
Americans have computers at home, there are still many Americans who do
not have that easy access to computer technology. In addition, not all
of our schools have or can afford up-to-date computer technology to aid
their students in their learning. This bill is intended to bridge this
gap.
It has been estimated that each week, the Federal Government disposes
of 10,000 computers. Thanks in part to Executive Order 12999, which was
issued in 1996, some of these computers are placed in schools that
would otherwise not have access to this technology. The Executive order
directs that federal agencies shall safeguard and identify potentially
educationally useful federal equipment that is no longer needed or
declared surplus. This equipment shall then be transferred directly or
through the Government Services Administration Computers for Learning
program to public and private schools and nonprofit organizations,
including community-based educational organizations. Schools and
nonprofits in enterprise communities or empowerment zones are
prioritized in receiving these computers.
I have been pleased to be able to work through the related program in
the Senate to place excess computers in several Pennsylvania schools
where
[[Page S5505]]
they are being put to good use. Unfortunately, I have heard from those
working in Pennsylvania to obtain such computers that not enough of
them are getting through to schools. They are experiencing increased
difficulty in maintaining the number and quality of computers they were
previously able to get from the government for refurbishment and
donation. In some cases, hard drives are being needlessly destroyed
before they are turned over.
One of the problems that has prevented schools from getting and using
these computers is that many times they are not able to be immediately
put into use by the school. Schools may not have the technical ability
or storage space to take computers directly from the government if they
need maintenance before they can be placed into service. It has been
estimated that if schools get the computers directly from the
government, only 10 percent can be put into use. However, if they are
first refurbished, 40 percent can be used.
The hope is that this legislation would result in federal agencies
making more surplus computers available for schools by codifying the
previous Executive order. The bill would also allow computers to go
directly to nonprofits for refurbishing before going to the school,
making is easier for more schools to participate in the program.
Currently, a school has to take title to the computer and then can
transfer it to a nonprofit refurbisher to be fixed up, an additional
step for them. This bill would allow nonprofit organizations like
Computers for Schools that can refurbish computers at low-cost to
participate in the process, getting computers ready to use and sending
them out to schools where they last three more years, enabling more
children to learn and profit by them. To prevent the needless
destruction of hard drives, the bill also references federal standards
on how to completely and securely erase hard drives without destroying
them.
Lastly, this bill includes language that would make it possible to
distribute these computers to the families of deployed service men and
women who do not have a computer in their homes so that they can stay
in better touch with their family members while they are fighting for
our country.
I believe this legislation is an important step to help ensure that
surplus federal computers are put to good use by allowing more of our
youth to have access to computers in school. I am hopeful that this
legislation will be enacted into law.
______
By Mr. MENENDEZ:
S. 3456. A bill to ensure the implementation of the recommendations
of the National Commission on Terrorist Attacks Upon the United States;
to the Committee on Foreign Relations.
Mr. MENENDEZ. Mr. President, first, I congratulate my colleagues in
the House, Representatives Shays and Maloney, for their hard work on
this legislation and for introducing H.R. 5017, the companion
legislation to the bill I am introducing today.
Almost 5 years ago, our country was attacked by terrorists on
September 11, 2001. This attack on our cities, on our symbols, on our
democracy, and on our way of life killed nearly 3,000 Americans and
over 700 people from my home State of New Jersey. But this attack could
not kill our determination to preserve our freedom, our values, and our
democratic system.
Almost 2 years ago, the 9/11 Commission published their riveting
account of what happened on that terrible day and made 41 unanimous and
bipartisan recommendations to make our country safer from future
terrorist attacks.
Six months ago, the 9/11 Public Discourse Project published a
disturbing report card giving more F's than A's on the implementation
of those 41 recommendations.
Today, I am introducing legislation to finally and fully implement
the 41 bipartisan and unanimous recommendations of the 9/11 Commission.
The former Chairman of the 9/11 Commission, Thomas Kean, and the former
Vice Chairman, Lee Hamilton, endorsed this same legislation in the
House, H.R. 5017 Shays-Maloney. In a letter, Mr. Kean and Mr. Hamilton
said that the legislation ``represents a comprehensive approach to
carry out each of the recommendations of the Commission . . . [and]
focuses on urgent unfinished business before the Nation
. . .''
It is the responsibility of the Congress to carry out this urgent
unfinished business. We certainly need this comprehensive legislation
at a time when the disastrous Dubai Ports World deal made it clear that
our ports are not safe and those who live and work near them are not
secure; the Department of Homeland Security is increasing homeland
security funding for small cities while cutting it to New York and
Washington, DC; first responders still don't have the ability to
communicate with each other during a disaster; nuclear weapons in the
hands of a terrorist remain one of the greatest threats to our Nation,
yet the 9/11 Public Discourse Project gave the administration a D on
progress towards fixing this problem; and hundreds of Afghans have been
killed in the recent violent resurgence of the Taliban.
Since immediately after September 11, many of us in Congress have
been working to learn the hard lessons from those attacks so we can
prepare for and prevent future terrorist acts. Shortly after the
attacks, I introduced comprehensive homeland security legislation and
served on the first ad-hoc Homeland Security Committee in the House.
I was a strong supporter of the creation of the 9/11 Commission and
introduced a proposal on the House floor to fully implement the 9/11
Commission recommendation in 2004 during the initial debate on the
recommendations. I then served as a House negotiator on and helped
secure passage of the final landmark intelligence reform bill that was
the first step in implementing the 9/11 Commission recommendations.
Introducing this legislation today is the next important step in
protecting our country against terrorism. I certainly agree with the
former heads of the 9/11 Commission that passing this bill should be a
top priority for this Congress.
I think all of us were shocked last week when the Department of
Homeland Security actually slashed overall homeland security grant
funding for New York, Washington, DC, and New Jersey, while increasing
funding for much smaller areas with fewer terrorist targets.
DHS slashed these funds in spite of the 9/11 Commission
recommendation which said that ``Homeland Security assistance should be
based strictly--strictly--on an assessment of risks and
vulnerabilities.''
And that is exactly what I fought for when I introduced the Menendez
substitute to the intelligence reform bill in 2004. That is exactly
what I fought for in the conference report on that legislation and what
I sought to accomplish in the House when I introduced the Risk-Based
Homeland Security Funding Act with Senators Corzine and Lautenberg. And
that is exactly what the legislation I am introducing today would do.
As many of you know, New Jersey faces unique terrorism threats that
require a greater portion of homeland security aid due to its proximity
to New York City and to its vast number of potential targets of terror,
such as the largest container seaport on the east coast, one of the
busiest airports in the country, an area known as the ``chemical
coastway,'' our four nuclear power plants, and the six tunnels and
bridges that connect New Jersey to New York City.
And if that were not enough, the Federal Bureau of Investigation has
placed more than a dozen New Jersey sites on the National Critical
Infrastructure List and has called the area in my former congressional
district between Port Elizabeth and Newark International Airport the
``most dangerous two miles in the United States when it comes to
terrorism.'' An article in The New York Times pointed out that this 2-
mile area provides ``a convenient way to cripple the economy by
disrupting major portions of the country's rail lines, oil storage
tanks and refineries, pipelines, air traffic, communications networks
and highway system.''
The bottom line is that States and municipalities, like New Jersey,
which are under the greatest risk should receive homeland security
dollars based solely on that risk. The funding awarded to Newark and
Jersey City clearly proves that New Jersey is well served when Federal
homeland security dollars are awarded based on risk. Yet I
[[Page S5506]]
cannot understand why the Department of Homeland Security would not use
a risk-based formula when awarding all of their grants. So long as
Homeland Security grants are awarded based on factors other than risk,
those States most at risk will continue to lack the necessary resources
to protect the people they serve.
I know that many Americans would also be shocked to learn that almost
5 years after 9/11 and almost 1 year after Hurricane Katrina, many
first responders still cannot communicate with each other during a
disaster.
In fact, when I speak to firefighters in my home State of New Jersey,
they consistently tell me that this remains a serious impediment to
their work. In our port in New Jersey, the largest container port in
the east coast, firefighters, Coast Guard, police, and other law
enforcement officials often still cannot communicate with each other.
When Hurricane Katrina hit, emergency personnel were on at least five
different channels and were hampered in communicating with one another.
As the Washington Post reported on September 2, 2005, ``Police officers
and National Guard members, along with law officers imported from
around the State, rarely knew more than what they could see with their
own eyes.''
It is astonishing that our firefighters, police, and paramedics still
do not have the ability to communicate in an emergency. How is it
possible that almost 5 years after September 11, our local first
responders still do not have interoperable communications systems that
can talk with each other as they carry out their lifesaving work?
That is why my legislation would provide adequate radio spectrum for
first responders and a status report on creating a unified incident
command system during disasters.
In its final report card, the 9/11 Public Discourse Project gave the
administration a D for its efforts to secure WMDs. The former
Commissioners then recommended that the U.S. Government make this issue
the top national security priority to counter what it called ``the
greatest threat to America's security.''
I certainly believe that a nuclear weapon in the hands of a terrorist
is one of the greatest threats to our national security. Osama Bin
Laden himself has said that it is al-Qaida's ``religious duty'' to
acquire weapons of mass destruction.
According to CNN, in January 2002, documents found in a house in
Kabul, Afghanistan, reportedly used by al-Qaida operatives included a
25-page document filled with information about nuclear weapons. That
document included a design for a nuclear weapon that would require
hard-to-obtain materials like plutonium to create a nuclear explosion.
One document appeared to be plans to create a nuclear device.
Although experts contended that the design in this document labeled
``superbombs'' is unworkable, the author, noted CNN, was clearly
knowledgeable of various ways to set off a nuclear bomb.
In combination with the discovery of AQ Khan's clandestine nuclear
supermarket, the potential of al-Qaida building a nuclear weapon is not
a fairytale. In fact, according to CNN, al-Qaida may have had some help
in its efforts to develop a nuclear device from two Pakistani nuclear
scientists.
This bill works to ensure that the fairytale does not become a
cataclysmic reality.
The bill specifically implements the 9/11 Commission's recommendation
to expand programs to stop shipments of weapons of mass destruction.
With this legislation, the United States would also be able to extend
our assistance to help countries control, protect, and dismantle their
nuclear programs to countries outside of the former Soviet Union. It
would also create an Office of Nonproliferation Programs in the
Executive Office of the President to prevent terrorist access to WMDs.
Finally, the bill includes a provision to enhance the Global Threat
Reduction Initiative and would require the President to establish a
Department of Energy task force on nuclear materials removal.
I believe we all want to make sure that a nuclearized al-Qaida never
becomes a reality. And we should spare absolutely no effort in pursuing
this goal.
Many of us have been horrified as we have watched the resurgence of
the Taliban and strong anti-American sentiment in Afghanistan. Over
just the past few weeks, over 250 people have been killed in the
upsurge in violence, and we see techniques borrowed from Iraq, like the
use of improvised explosive devices, in Afghanistan. According to the
New York Times, Pentagon officials say that 32 suicide bombs were
exploded in 2006, which is already 6 more than exploded in all of 2005.
Roadside bombs are up 30 percent over last year, and the Taliban are
fighting in groups triple the size of last year. And after a deadly
traffic accident involving the U.S. military, an anti-American riot
exploded in Kabul last week.
The 9/11 Commission made it clear in their recommendations that
Afghanistan must be a priority stating that the ``United States and the
international community should make a long-term commitment to a secure
and stable Afghanistan to improve life and make sure it is not a
terrorist sanctuary.'' Unfortunately, we are clearly a long way from
achieving that goal.
The administration never finished the job in Afghanistan, the
birthplace of the Taliban, the home to al-Qaida, the land of Osama bin
Laden, and the place where the attacks of 9/11 were planned.
That is why this legislation is an important step to help us move in
the right direction in Afghanistan. My bill urges a new commitment to a
long-term economic plan to ensure Afghanistan's stability as well as a
report on progress towards achieving the goals in the Afghanistan
Freedom Support Act.
This bipartisan, bicameral legislation is the next step to finally
implementing all of the 41 recommendations of the 9/11 Commission.
Their report was a call to action. Their report card was a reminder of
what still needed to be done. Their work cannot be left unfinished.
We must all heed advice of the 9/11 Commission and learn from the
hard lessons of 9/11. We cannot wait any longer to take action, and I
urge my colleagues to join me in supporting this legislation.
______
By Mrs. BOXER:
S.J. Res. 39. A joint resolution to spur a political solution in Iraq
and encourage the people of Iraq to provide for their own security
through the redeployment of the United States military forces; to the
Committee on Foreign Relations.
Mrs. BOXER. Mr. President, I rise today to introduce a resolution to
spur a political solution in Iraq and encourage the people of Iraq to
provide for their own security through the redeployment of U.S.
military forces.
I introduce this resolution with the hope and prayer that we will
redeploy U.S. troops from Iraq and end this ill-fated war that has
resulted in more than 20,000 U.S. troops killed or wounded.
This resolution speaks for itself. I ask unanimous consent that it be
printed in the Record.
There being no objection, the text of the joint resolution was
ordered to be printed in the Record, as follows:
S.J. Res. 39
Whereas the United States military forces have served
bravely in Iraq and deserve the heartfelt support of the
United States;
Whereas more than 2,450 members of the United States
military forces have been killed and more than 18,000 wounded
in support of military operations in Iraq;
Whereas more than 200 coalition personnel have been killed
in support of military operations in Iraq;
Whereas it is estimated that at least 40,000 people of Iraq
have been killed during the military intervention in Iraq;
Whereas much of the intelligence used by the Bush
Administration to justify the use of force in Iraq was either
exaggerated or simply wrong;
Whereas President George W. Bush stated that the mission in
Iraq was to rid that country of weapons of mass destruction;
Whereas weapons of mass destruction have not been found in
Iraq;
Whereas President George W. Bush then stated that the
mission in Iraq was to end the regime of Saddam Hussein and
free the people of Iraq;
Whereas Saddam Hussein is in custody and standing trial for
crimes against humanity;
Whereas President George W. Bush then stated that the
mission in Iraq was to establish a free, self governing, and
democratic Iraq;
Whereas the people of Iraq elected their first permanent
democratically elected government on December 15, 2005, and
the cabinet of Prime Minister Nouri al-Maliki has been
approved by the Parliament of Iraq, concluding the transition
of Iraq to full political sovereignty;
[[Page S5507]]
Whereas President George W. Bush then stated that the
mission in Iraq was to train the security forces of Iraq so
that they can do the fighting in Iraq;
Whereas the Pentagon reports that more than 240,000
military and police personnel of Iraq are now trained and
equipped;
Whereas on May 1, 2003, President George W. Bush stood
under a banner proclaiming ``Mission Accomplished'' and
declared that Iraq was an ally of al Qaeda;
Whereas the report of the 9/11 Commission found no
collaborative operational relationship between Iraq and al
Qaeda;
Whereas the commander of the Multinational Forces Iraq,
General George Casey, testified before the Senate Committee
on Armed Services on September 29, 2005, that ``[i]ncreased
coalition presence feeds the notion of occupation . . .
contributes to the dependency of Iraqi security forces on the
coalition . . . [and] extends the amount of time that it will
take for Iraqi security forces to become self reliant''; and
Whereas, according to a January 2006 poll, 64 percent of
Iraqis believe that crime and violent attacks will decrease
when the United States redeploys from Iraq, 67 percent of
Iraqis believe that their day-to-day security will increase
if the United States redeploys from Iraq, and 73 percent of
Iraqis believe that there will be greater cooperation among
the political factions of Iraq when the United States
redeploys from Iraq: Now, therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That--
(1) United States military forces in Iraq are to be
redeployed from Iraq by December 31, 2006, or earlier if
practicable;
(2) nothing in this resolution prohibits the use of United
States military forces from training Iraqi security forces in
the region outside of Iraq; and
(3) nothing in this resolution prohibits the use of United
States military forces based outside of Iraq to--
(A) conduct targeted and specialized counter-terrorism
missions in Iraq; and
(B) protect military and civilian personnel of the United
States in Iraq.
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