[Congressional Record Volume 153, Number 33 (Tuesday, February 27, 2007)]
[Senate]
[Pages S2275-S2283]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Ms. COLLINS (for herself and Mr. Kennedy):
S. 687. A bill to amend the Internal Revenue Code of 1986 to provide
a business credit against income for the purchase of fishing safety
equipment; to the Committee on Finance.
Ms. COLLINS. Mr. President, I rise today to introduce the Commercial
Fishermen Safety Act of 2007, a bill to help fishermen purchase the
life-saving safety equipment they need to survive when disaster
strikes. I am pleased to be joined by my colleague from Massachusetts,
Senator Kennedy, in introducing this legislation.
Everyday, members of our fishing communities struggle to cope with
the pressures of running a small business, complying with burdensome
regulations, and maintaining their vessels and equipment. Added to
these challenges are the dangers associated with fishing.
Year-in and year-out, commercial fishing ranks among the Nation's
most dangerous occupations. Last August, when the Bureau of Labor
Statistics released the most recent National Census of Fatal
Occupational Injuries, fishing was the most dangerous occupation. While
the national rate of occupational-related fatalities dropped by 1
percent in 2005, I am saddened to say that the fishing community saw an
increase of almost 14 percent from the previous year. I have introducd
similar measures in previous sessions of Congress, but these tragic
statistics illustrate why this piece of legislation is absolutely
needed right now.
And as we know, these statistics have a very real face to them. And
sadly, the New England fishing community is certainly no stranger to
the pain and loss of their own.
Last November, the small fishing community of Port Clyde saw the
tragic loss of one their own. The Taylor Emily, a 48-foot fishing boat,
capsized and sank about 80 miles east of Portland, ME. Tragically,
long-time fisherman Jim Weaver perished in this incident. Another
fisherman aboard the boat, Christopher Yattaw, was saved when the
Taylor Emily sank. Chris treaded the frigid waters for almost an hour,
but finally, the boat's life raft inflated. Almost 8 hours later, Chris
was rescued from the life raft by a passing fishing vessel. This
incident could have been even more tragic if the critical live-saving
equipment had not been aboard.
Coast Guard regulations require all fishing vessels to carry safety
equipment. The requirements vary depending on factors such as the size
of the vessel, the temperature of the water, and the distance the
vessel travels from shore to fish. Required equipment can include a
life raft that automatically inflates and floats free, should the
vessel sink. This is what saved Christopher Yattaw's life. Other live-
saving equipment includes: personal flotation devices or immersion
suits which help protect fishermen from exposure and increase buoyancy;
EPIRBs, which relay a downed vessel's position to Coast Guard Search
and Rescue Personnel; visual distress signals; and fire extinguishers.
When an emergency arises, safety equipment is priceless. At all other
times, the cost of purchasing or maintaining this equipment must
compete with other expenses such as loan payments, fuel, wages,
maintenance, and insurance.
The Commercial Fishermen Safety Act of 2007 provides a tax credit
equal to 75 percent of the amount paid by fishermen to purchase or
maintain required safety equipment. The tax credit is capped at $1,500.
Items such as EPIRBs and immersion suits cost hundreds of dollars,
while life rafts can reach into the thousands. The tax credit will make
life-saving equipment more affordable for more fishermen, who currently
face limited options under the Federal tax code.
We have seen far too many tragedies in this occupation. Please, let
us support fishermen who are trying to prepare in case disaster
strikes. Safety equipment saves lives. By providing a tax credit for
the purchase of safety equipment, Congress can help ensure that
fishermen have a better chance of returning home each and every time
they head out to sea.
I ask unanimous consent that the text of the bill be put in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 687
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Fishermen Safety
Act of 2007''.
SEC. 2. CREDIT FOR PURCHASE OF FISHING SAFETY EQUIPMENT.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
business-related credits) is amended by adding at the end the
following new section:
``SEC. 45O. FISHING SAFETY EQUIPMENT CREDIT.
``(a) General Rule.--For purposes of section 38, in the
case of an eligible taxpayer, the fishing safety equipment
credit determined under this section for the taxable year is
75 percent of the amount of qualified fishing safety
equipment expenses paid or incurred by the taxpayer during
the taxable year.
``(b) Limitation on Maximum Credit.--The credit allowed
under subsection (a) with respect to a taxpayer for the
taxable year shall not exceed $1,500.
``(c) Eligible Taxpayer.--For purposes of this section, the
term `eligible taxpayer' means a taxpayer engaged in a
fishing business.
``(d) Definitions.--For purposes of this section--
``(1) Fishing business.--The term `fishing business' means
the conduct of commercial fishing as defined in section 3 of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1802).
``(2) Qualified fishing safety equipment expenses.--
``(A) In general.--The term `qualified fishing safety
equipment expenses' means an amount paid or incurred for
fishing safety equipment for use by the taxpayer in
connection with a fishing business.
``(B) Fishing safety equipment.--The term `fishing safety
equipment' means--
``(i) lifesaving equipment required to be carried by a
vessel under section 4502 of title 46, United States Code,
and
``(ii) any maintenance of such equipment required under
such section.
``(e) Special Rules.--
``(1) In general.--Rules similar to the rules of
subsections (c), (d), and (e) of section 52 shall apply for
purposes of this section.
``(2) Aggregation rules.--All persons treated as a single
employer under subsection (a) or (b) of section 52 or
subsection (m) or (o) of section 414 shall be treated as one
person for purposes of subsection (a).
``(f) Denial of Double Benefit.--No deduction shall be
allowed under this chapter (other than a credit under this
section) for any amount taken into account in determining the
credit under this section.
``(g) Basis Adjustment.--For purposes of this subtitle, if
a credit is allowed under this section with respect to any
equipment, the basis of such equipment shall be reduced by
the amount of the credit so allowed.''.
(b) Conforming Amendments.--
(1) Section 38(b) of the Internal Revenue Code of 1986
(relating to general business credit) is amended by striking
``plus'' at the end of paragraph (30), by striking the period
at the end of paragraph (31) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(32) the fishing safety equipment credit determined under
section 45O(a).''.
(2) Subsection (a) of section 1016 of such Code is amended
by striking ``and'' at the
[[Page S2276]]
end of paragraph (36), by striking the period at the end of
paragraph (37) and inserting ``, and'', and by adding at the
end the following new paragraph:
``(38) in the case of equipment with respect to which a
credit was allowed under section 45O, to the extent provided
in section 45O(g).''.
(c) Clerical Amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new item:
``Sec. 45O. Fishing safety equipment credit.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
______
By Mr. LUGAR (for himself and Mrs. Lincoln):
S. 689. A bill to amend the Internal Revenue Code of 1986 to
permanently extend and expand the charitable deduction for
contributions of food inventory; to the Committee on Finance.
Mr. LUGAR. Mr. President, on behalf of myself and Senator Lincoln, I
rise today to introduce the ``Good Samaritan Hunger Relief Tax
Incentive Extension Act of 2007''. This important legislation extends
and expands the food bank donation provisions that were included in the
Pension Protection Act of 2006 (Public Law 109-280). The Pension
Protection Act allows farmers and small business owners to receive a
tax deduction for donation of food products contributed to food banks,
pantries and homeless shelters for 2006 and 2007.
The new law permits businesses a deduction from their taxes for a
donation equal to either (1) twice cost basis; or (2) the difference of
cost basis plus one half the difference between cost basis and fair
market value. Food donations of all sizes from all businesses can
qualify for this type of donation. The bill that I am introducing today
increases the valuation to full market value of the donation and makes
this provision a permanent part of the Internal Revenue Code.
Demand on food banks has been rising, and these tax deductions would
be an important step in increasing private donations to the non-profit
hunger relief charities playing a critical role in meeting America's
nutrition needs. It is estimated that food banks provide meals to more
than 23 million Americans and that 13 million children are hungry or at
risk of hunger.
As I have traveled around Indiana, I have visited many food banks in
our State. They have confirmed the results of a study by the U.S.
Conference of Mayors that showed demand for food at food banks has
risen one hundred percent. Forty-eight percent of the people requesting
emergency food assistance are either children or their parents. The
number of elderly persons requesting food assistance has increased by
ninety-two percent. The success of welfare reform legislation has moved
many recipients off welfare and into jobs. In many States, welfare
roles have been reduced by more than half. But we need to recognize
that these individuals and their families are living on modest wages.
As unemployment rates have risen, as with the fluctuation of the price
of gas and heating oil, the demand placed on the food banks and soup
kitchens has also increased.
Private food banks provide a key safety net against hunger. According
to a report by the U.S. Department of Agriculture, 31 million Americans
are living on the edge of hunger. USDA statistics show that up to 96
billion pounds of food go to waste each year in the United States. If a
small percentage of this wasted food could be redirected to food banks,
we could make important strides in our fight against hunger.
I have been especially impressed by the remarkable work of food banks
in Indiana. In many cases, they are partnered with churches and faith-
based organizations and are making a tremendous difference in our
communities. We should support this private sector activity, which not
only feeds people, but also strengthens community bonds and
demonstrates the power of faith, charity, and civic involvement.
Each citizen can make an important contribution to the fight against
hunger at a local level. It is important to make sure that none of us
forget those who find themselves having to utilize the services of the
food banks. In order to ensure that hunger relief organizations are
meeting the greater demand they are seeing, we must make food drives a
part of everyday activities. People should get in the habit of buying
extra cans or boxes of food on every trip to the grocery store, not
just around the holiday season.
I am committed to work with Chairman Baucus and Ranking Member
Grassley to find an offset to pay for this change to the tax code. I
would like to thank them for their past support of this initiative and
commend them on their efforts in helping America's charities meet their
funding goals, and assist those individuals who take advantage of the
services provided by these groups.
I believe the enactment of this legislation would be a great
incentive in redirecting this food from being discarded to being
distributed to hungry families.
______
By Ms. LANDRIEU:
S. 690. A bill to amend the Small Business Act to authorize the
Administrator of the Small Business Administration to waive the
prohibition on duplication of certain disaster relief assistance; to
the Committee on Small Business and Entrepreneurship.
Ms. LANDRIEU. Mr. President, I come to the floor today to highlight
the ongoing needs of our small businesses and homeowners in the gulf
coast who were devastated by Hurricanes Katrina and Rita. In Louisiana
alone, these disasters claimed 1,464 lives, destroyed more than 200,000
homes and 18,000 businesses and inflicted $25 billion in uninsured
losses. Many of my colleagues here in the Senate have been down to
Louisiana and have seen firsthand the size and scope of the
destruction. The Congress has been very generous in providing billions
of Federal recovery dollars as well as valuable Gulf Opportunity, GO,
Zone tax incentives to help spur recovery in the region. These
resources will be key in the recovery of the region but there are
additional needs on the ground that still must be addressed. That is
why I am proud to introduce a bill today, the Catastrophic Disaster
Recovery Improvements Act of 2007, which I believe, addresses a
specific problem which is impacting homeowners throughout the gulf
coast.
Katrina was the most destructive hurricane ever to hit the United
States. The next month, in September, Hurricane Rita hit the Louisiana
and Texas coast. It was the second most powerful hurricane ever to hit
the United States, wreaking havoc on the southwestern part of my State
and the east Texas coast. This one-two punch devastated Louisiana
lives, communities and jobs, stretching from Cameron Parish in the west
to Plaquemines Parish in the east.
We are now rebuilding our State and the wide variety of communities
that were devastated by Rita and Katrina, areas representing a diverse
mix of population, income and cultures. We hope to restore the region's
uniqueness and its greatness. To do that, we need to rebuild our local
economies now and far into the future. We cannot succeed, however, if
our homeowners are being buried under Federal red tape and regulations.
The people who work for the Small Business Administration and FEMA
are dedicated and interested to help in the recovery of our region.
However, these individuals are operating under a system which is
inadequate and, in some cases, unresponsive to needs on the ground.
I come to the floor today to introduce a bill which provides a
commonsense solution to get the Federal assistance to our struggling
homeowners. If we don't help them now, building a strong gulf coast
will be all the more difficult if residents cannot rebuild their homes
and businesses cannot open their doors.
For homeowners in Louisiana, the State is doing its part by setting
up the Louisiana Road Home program, to provide homeowners with up to
$150,000 in grant proceeds for uninsured losses on their properties.
This program is State-administered, but supplemental CDBG-funded.
However, many applicants are concerned because under the Stafford and
Small Business Acts, the SBA is required to ensure there are no
``duplication of benefits'' provided to disaster victims. This means
that SBA must review every file which received an SBA Disaster Loan,
and if there is deemed to be duplication, deduct the
[[Page S2277]]
duplication amount from the grant proceeds. As I said, I want the SBA
to ensure taxpayers funds are used wisely, but at the same time, I want
to ensure that all residents are able to get the funds they need to
rebuild their homes.
Under the current scenario, some residents who have additional
uninsured losses, are being required to still pay back these grant
proceeds. This is because many SBA loss inspections were done right
after the storms in 2005, but since then building/labor costs have
increased dramatically, and this is not reflected in the SBA verified
loss. Borrowers are able to request a loan modification from SBA, but
many residents who waited months and months for SBA to respond are wary
to go through the process again, especially if there is a prospect they
will be declined for the increased loan amount. I can't blame them
because there is enough uncertainty down there right now. Personally, I
would also be hesitant to go through the SBA loan process again if I
had to fill out as much paperwork as my constituents have had to fill
out, and to receive constant requests for more information once they
think they are done with submitting information.
For this reason, this bill provides the SBA administrator the
flexibility to waive, partially or fully at the discretion of the
administrator, this ``duplication of benefits'' rule. This provides
borrowers with additional funds for rebuilding while retaining the
Federal Government's financial responsibility to taxpayers. I believe
this commonsense fix for major disasters corrects a major problem
occurring in Louisiana right now and gives SBA some flexibility for
future major disasters. The current SBA interpretation of these
regulations overlooks the fact that a grant, with no repayment, has a
different value to homeowners than loans, which require repayment. In
effect, disaster victims are being penalized for getting an SBA loan
before they received their Road Home grant and that is not how the
Federal Government should respond to victims, who in many cases, lost
everything. We should not allow victims to ``double-dip'' or benefit
from the disaster, but the Federal Government should be responsive to
needs on the ground and adjust as necessary to allow disaster victims
to fully recover.
In introducing this bill today, I am hopeful it sends the signal to
gulf coast residents that Congress has not forgotten about them and
that we are doing our part to reduce red tape and bureaucracy. Congress
did a great deal during the 109th Congress to help victims of the 2005
storms, but that does not mean we should just write off recurring
problems to the responsibility of States or disaster victims
themselves. I believe that both the leadership on the Senate Committee
on Small Business and Entrepreneurship as well as the new SBA
administrator, Steve Preston, are receptive to addressing ongoing needs
in the gulf coast. I look forward to working closely with them in the
coming weeks to provide substantive and lasting solutions for our small
businesses and homeowners.
I urge my colleagues to support this important legislation and ask
unanimous consent that the text of the legislation 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. 690
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Catastrophic Disaster
Recovery Improvements Act of 2007''.
SEC. 2. WAIVER OF PROHIBITION ON DUPLICATION OF CERTAIN
BENEFITS.
(a) In General.--Section 7(b) of the Small Business Act (15
U.S.C. 636(b)) is amended by inserting immediately after
paragraph (3) the following:
``(4) Waiver of prohibition on duplication of certain
benefits.--For any major disaster (as that term is defined in
section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122)), in providing
assistance under paragraph (1) or (2), the Administrator may
waive, in whole or in part, the prohibition on the
duplication of benefits, including whether damage or
destruction has been compensated for by, credit is available
from, activities are reimbursable through, or funds have been
made available from any other source.''.
(b) Applicability and Retroactivity for Victims of
Hurricanes Katrina, Rita, and Wilma.--The amendment made by
this section shall apply to any assistance under section 7(b)
of the Small Business Act (15 U.S.C. 636(b)) provided on or
after August 29, 2005.
______
By Mr. CONRAD:
S. 691. A bill to amend title XVIII of the Social Security act to
improve the benefits under the Medicare program for beneficiaries with
kidney disease, and for other purposes; to the Committee on Finance.
Mr. CONRAD. Mr. President, today I am pleased to introduce the Kidney
Care Quality and Education Act. For the over 400,000 Americans living
with kidney disease, the time has come to modernize and improve the
Medicare End Stage Renal Disease (ESRD) program. They simply can't wait
any longer.
When Congress enacted the Medicare ESRD program, we recognized that
this disease was unique and deserved special consideration.
Unfortunately, since that time, Congress has fallen behind in its
commitment, and the program has not kept pace with changes in
treatment. My bill would take needed steps to modernize and improve the
program to recognize quality and encourage education on kidney disease
to better prevent and control ESRD.
The Kidney Care Quality and Education Act establishes education
programs to assist patients with kidney disease to learn important
self-management skills that will help them manage their disease more
effectively and improve their quality of life. The bill also seeks to
help individuals before they develop irreversible kidney failure by
teaching individuals about the factors that lead to chronic kidney
disease, the precursor to kidney failure, and how to prevent it, treat
it, and, most importantly, avoid it. Additionally, the bill seeks to
establish uniform training requirements for dialysis technicians and to
identify barriers to accessing the home dialysis benefit.
Improving the ESRD program payment system and ensuring continued high
quality care is also a critical component of modernizing the ESRD
program. Medicare established the first prospective payment system
(PPS) in the ESRD program in the early 1980s. Yet, the ESRD program
remains the only Medicare PPS that does not receive an annual update.
As a result, dialysis facilities have experienced difficulties in
hiring qualified health care professionals and purchasing new
technology.
It is time for the dialysis community to receive annual payment
updates; however, it is also critically important that increased
payments are tied to high quality. My bill addresses both of these
issues by creating a three-year Continuous Quality Improvement
Initiative to link payments with quality. First, the three-year
initiative would create an annual update mechanism to fairly pay
providers. Second, it would ask providers to report on quality measures
developed through consultation with key stakeholders. Finally, it would
withhold a certain percentage of the annual update to fund a quality
bonus pool from which payments would be made to those providers who
provide the best quality of care.
Congress must reaffirm its commitment to Americans with kidney
failure by improving the program through new educational programs,
quality initiatives, and payment reform. The Kidney Care Quality and
Education Act is a comprehensive bill that moves the program in that
direction. I urge my colleagues to join with me in supporting this
important legislation.
______
By Mr. FEINGOLD (for himself and Ms. Collins):
S. 693. A bill to amend the Public health Service Act to reauthorize
the Automated Defibrillation in Adam's Memory Act; to the Committee on
Health, Education, Labor, and Pensions.
Mr. FEINGOLD. Mr. President, today I am pleased to be joined by the
Senator from Maine, Ms. Collins, in introducing the reauthorization of
the Automated Defibrillators in Adam's Memory Act, or the ADAM Act.
This bill is modeled after the successful Project ADAM that originally
began in Wisconsin, and will reauthorize a program to establish a
national clearing house to provide schools with the ``how-to'' and
technical advice to set up a public access defibrillation program.
Sudden cardiac death from coronary heart disease occurs over 900
times per
[[Page S2278]]
day in the United States. By improving access to automated external
defibrillators, or AEDs, we can improve the survival rates of cardiac
arrest in our communities.
In my home State of Wisconsin, as in many other States, heart disease
is the number one killer. In 2004, 35.4 percent of all deaths in
Wisconsin were caused by heart disease and stroke. Overall, heart
disease kills more Americans than AIDS, cancer and accidents combined.
Cardiac arrest can strike anyone. Cardiac victims are in a race
against time, and unfortunately, for too many of those in rural areas,
Emergency Medical Services are unable to reach people in need, and time
runs out. It's simply not possible to have EMS units next to every farm
and small town across the Nation.
Fortunately, recent technological advances have made the newest
generation of AEDs inexpensive and simple to operate. Because of these
advancements in AED technology, it is now practical to train and equip
police officers, teachers, and members of other community
organizations.
An estimated 164,600 Americans experience out-of-hospital sudden
cardiac arrests each year. Immediate CPR and early defibrillation using
an AED can more than double a victim's chance of survival. By taking
some relatively simple steps, we can give victims of cardiac arrest a
better chance of survival.
Over the past 6 years, I have worked with Senator Susan Collins, a
Republican from Maine, on a number of initiatives to empower
communities to improve cardiac arrest survival rates. We have pushed
Congress to support rural first responders--local police and fire and
rescue services--in their efforts to provide early defibrillation.
Congress heard our call, and responded by enacting two of our bills,
the Rural Access to Emergency Devices Act and the ADAM Act.
The Rural Access to Emergency Devices program allows community
partnerships across the country to receive a grant enabling them to
purchase defibrillators, and receive the training needed to use these
devices. I'm pleased to say that grants have already put defibrillators
in rural communities in 49 States, helping those communities be better
prepared when cardiac arrest strikes.
Approximately 95 percent of sudden cardiac arrest victims die before
reaching the hospital. Every minute that passes before a cardiac arrest
victim is defibrillated, the chance of survival falls by as much as 10
percent. After only 8 minutes, the victim's survival rate drops by 60
percent. This is why early intervention is essential--a combination of
CPR and use of AEDs can save lives.
Heart disease is not only a problem among adults. A few years ago I
learned the story of Adam Lemel, a 17-year-old high school student and
a star basketball and tennis player in Wisconsin. Tragically, during a
timeout while playing basketball at a neighboring Milwaukee high
school, Adam suffered sudden cardiac arrest, and died before the
paramedics arrived.
This story is incredibly sad. Adam had his whole life ahead of him,
and could quite possibly have been saved with appropriate early
intervention. In fact, we have seen a number of examples in Wisconsin
where early CPR and access to defibrillation have saved lives.
Seventy miles away from Milwaukee, a 14-year-old boy collapsed while
playing basketball. Within 3 minutes, the emergency team arrived and
began CPR. Within 5 minutes of his collapse, the paramedics used an AED
to jump start his heart. Not only has this young man survived, doctors
have identified his father and brother as having the same heart
condition and have begun preventative treatments.
These stories help to underscore some important issues. First,
although cardiac arrest is most common among adults, it can occur at
any age--even in apparently healthy children and adolescents. Second,
early intervention is essential--a combination of CPR and the use of
AEDs can save lives. Third, some individuals who are at risk for sudden
cardiac arrest can be identified to prevent cardiac arrest.
After Adam Lemel suffered his cardiac arrest, his friend David Ellis
joined forces with Children's Hospital of Wisconsin to initiate Project
ADAM to bring CPR training and public access defibrillation into
schools, educate communities about preventing sudden cardiac deaths and
save lives.
Today, Project ADAM has introduced AEDs into several Wisconsin
schools, and has been a model for programs in Washington, Florida,
Michigan and elsewhere. Project ADAM provides a model for the Nation,
and now, with the enactment of this new law, more schools will have
access to the information they seek to launch similar programs.
The ADAM Act was passed into law in 2003, but has yet to be funded.
Should funding be enacted, the program will help to put life-saving
defibrillators in the hands of people in schools around the country. I
have been very proud to play a part in having this bill signed into
law, and it is my hope that the reauthorization of the Act will quickly
pass through the Congress and into law, and that funding will follow.
It would not take much money to fund this program and save lives across
the country.
The ADAM Act is one way we can honor the life of children like Adam
Lemel, and give tomorrow's pediatric cardiac arrest victims a fighting
chance at life.
This act exists because a family that experienced the tragic loss of
their son was determined to spare other families that same loss. I
thank Adam's parents, Joe and Patty, for their courageous efforts and I
thank them for everything they have done to help the ADAM Act become
law. Their actions take incredible bravery, and I commend them for
their efforts.
By making sure that AEDs are available in our Nation's rural areas,
schools and throughout our communities we can help those in a race
against time have a fighting chance of survival when they fall victim
to cardiac arrest. I urge Congress to pass this reauthorization, and to
fund this Act. We have the power to prevent death--all we must do is
act.
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. 693
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Automated Defibrillation in
Adam's Memory Reauthorization Act''.
SEC. 2. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.
Section 312(e) of the Public Health Service Act (42 U.S.C.
244(e)) is amended in the first sentence by striking ``fiscal
year 2003'' and all the follows through ``2006'' and
inserting ``for each of fiscal years 2003 through 2011''.
______
By Mrs. CLINTON (for herself, Mr. Sununu, Mr. Reed, Mr. Kerry,
Mr. Durbin, Mr. Nelson of Florida, Ms. Mikulski, Mr. Schumer,
Mrs. Feinstein, Mr. Roberts, Mrs. Hutchison, and Mr.
Lautenberg):
S. 694. A bill to direct the Secretary of Transportation to issue
regulations to reduce the incidence of child injury and death occurring
inside or outside of light motor vehicles, and for other purposes; to
the Committee on Commerce, Science, and Transportation.
Mrs. CLINTON. Mr. President, today I am reintroducing with my
colleague Senator Sununu The Cameron Gulbransen Kids and Cars Safety
Act, a bill to improve the child safety features in new vehicles.
While we hear a great deal about automobile accidents, we don't hear
nearly as much about non-traffic automobile accidents, which can be
just as tragic. This bill is named in honor of a 2-year-old Long Island
boy who was killed when his father accidentally backed over him in his
driveway. Since 2000, over 1,150 children have died in non-traffic,
non-crash incidents, and this number has been steadily rising. The
average age of victims in these cases is just 1 year old, and in 70
percent of backover cases, a parent, relative or close friend is behind
the wheel. This bill is aimed at preventing other families from
suffering this fate.
The Cameron Gulbransen Kids and Cars Safety Act would make new
passenger motor vehicles safer in three important ways. First, it
requires a detection system to alert drivers to the
[[Page S2279]]
presence of a child behind the vehicle. Second, it will ensure that
power windows automatically reverse direction when they detect an
obstruction--preventing children from being trapped, injured or killed.
And finally, the bill will require the vehicle service break to be
engaged in order to prevent vehicles from unintentionally rolling away.
The bill also establishes a child safety information program
administered by the Secretary of Transportation to collect non-traffic,
non-crash incident data and disseminate information to parents about
these hazards and ways to mitigate them.
This bill proves that with modest, cost-effective steps, we can
prevent many tragic car-related accidents from occurring. Power window
sensors, for example, cost around $10 a window. Brakeshift interlocks
are already standard in most passenger vehicles, but will cost only $5
where needed. Backover warning systems cost approximately $300 a car,
far cheaper than DVD and stereo systems. This inexpensive technology
could save thousands of children's lives.
I fought long and hard into the last hours of the 109th Congress to
get this bill through and I know that families, advocates and many of
my colleagues are poised to continue that momentum in the new Congress.
I am proud to be reintroducing the Cameron Gulbransen Kids and Cars
Safety Act of 2007 and urge all my colleagues to join me in supporting
this bill. Together, we can ensure that we have safer cars and safer
kids across our country.
______
By Ms. SNOWE (for herself and Mr. Menendez):
S. 695. A bill to amend the International Claims Settlement Act of
1949 to allow for certain claims of nationals of the United States
against Turkey, and for other purposes; to the Committee on Foreign
Relations.
Ms. SNOWE. Mr. President, as you may know, Turkey invaded the
northern area of the Republic of Cyprus in the summer of 1974. At that
time, less than 20 percent of the private real property in this area
was owned by Turkish Cypriots, with the rest owned by Greek Cypriots
and foreigners. Turkey's invasion and subsequent occupation of northern
Cyprus displaced people who are to this day prevented by the Turkish
Armed Forces from returning to and repossessing their homes and
properties.
A large proportion of these properties were distributed to, and are
currently being used by, the 120,000 Turkish settlers brought into the
occupied area by Turkey. It is estimated that 7,000 to 10,000 U.S.
nationals today claim an interest in such property.
Adding urgency to the plight of Greek-Cypriots and Americans who lost
property in the wake of the invasion is a recent property development
boom in the Turkish-occupied north of Cyprus. As an ever-increasing
number of disputed properties are transferred or developed, the
rightful owners' prospects for recovering their property or being
compensated worsen.
In 1998, the European Court of Human Rights found that Turkey had
unlawfully deprived Greek Cypriot refugees of the use of their
properties in the north of the island. The Court ruled that the
Government of Turkey was obliged to compensate the refugees for such
deprivation, and to allow them to return home.
It is to provide similar redress to the American victims of Turkey's
invasion and occupation of Cyprus that my colleague Senator Menendez
and I today introduce the ``American-Owned Property in Occupied Cyprus
Claims Act''.
This act would direct the U.S. Government's independent Foreign
Claims Settlement Commission to receive, evaluate and determine awards
with respect to the claims of U.S. citizens and businesses that lost
property as a result of Turkey's invasion and continued occupation of
northern Cyprus. To provide funds from which these awards would be
paid, the act would urge the President to authorize the Secretary of
State to negotiate an agreement for settlement of such claims with the
Government of Turkey.
The act would further grant U.S. Federal courts jurisdiction over
suits by U.S. nationa1s against any private persons, other than Turkey,
occupying or otherwise using the U.S. national's property in the
Turkish-occupied portion of Cyprus. Lastly, the act would expressly
waive Turkey's sovereign immunity against claims brought by U.S.
nationals in U.S. courts relating to property occupied by the
Government of Turkey and used by Turkey in connection with a commercial
activity carried out in the United States.
This bill represents an important step toward righting the
internationally recognized wrong of the expropriation of property,
including American property, in northern Cyprus in the wake of the 1974
invasion by the Turkish Army. I strongly urge my colleagues to promptly
consider and pass this critical piece of legislation.
______
By Mr. BAUCUS:
S. 696. A bill to establish an Advanced Research Projects
Administration-Energy to initiate high risk, innovative energy research
to improve the energy security of the United States, and for other
purposes; to the Committee on Energy and Natural Resources.
Mr. BAUCUS. Mr. President, energy is once again one of the top two or
three domestic issues facing the Congress this year.
Prices for gasoline, heating oil, electricity, and natural gas have
soared in recent years, hitting working families hard. Our energy
security has been threatened on many fronts: We have seen a terrorist
attack on Saudi Arabian oil facilities, oil workers kidnapped in
Nigeria, Venezuelan President Hugo Chavez threatened to cut off our
supply of oil from his country, and some question whether Iran's role
as an oil supplier keeps other countries from properly addressing
Iran's nuclear proliferation threat. Recently we learned that Russia
and Iran are talking about creating an OPEC-like organization for
natural gas--a cartel that could put even more pressure on natural gas
prices.
Energy provides one of America's greatest challenges for the 21st
century. Our economy has been dependent on oil and coal for about 100
years. And since World War II, natural gas has become part of the
equation. Will we continue to rely on these energy sources for the next
100 years?
The cost of energy will profoundly affect the future competitiveness
of the American economy. As the Chinese and Indian economies grow, so
will their demand for energy. And that will add further upward pressure
to energy prices.
Global climate change is another issue that demands that we take a
fresh look at our energy future. While we address the issue of energy
security, we must also keep an eye on the effect that new energy
development will have on carbon dioxide emissions and global warming.
We are essentially trapped in an energy box. It is a box
characterized by high imports, wildly fluctuating prices for oil and
natural gas, and environmental danger. As a Nation, we must experiment
with ways to break out of that box. To break out, we need an energy
research effort modeled after the Manhattan project, or the Apollo
mission to the moon.
America has a brilliant record of gathering the best minds. We have
consistently met challenges that at first seemed to be impossible.
During World War II, the Manhattan project brought together brilliant
physicists and engineers to build an atomic bomb in 3 short years. And
after President Kennedy described his vision to a joint session of
Congress in May of 1961, the Apollo space program put a man on the moon
in just 8 years.
Looking back, these achievements look stunning. Both projects started
out with no guarantee of success. Each could have ended in utter
failure. Yet because of the talent, ingenuity, and focus of creative
minds, they both succeeded.
Breaking out of the energy box poses a similar challenge. Success is
not guaranteed. But we have got to give it our best shot.
Today I am reintroducing legislation to create an ARPA-E, Advanced
Research Projects Agency--Energy. My legislation would create a new
energy research agency to help our nation face the challenges of a
newly competitive global economy. It will help us to move into a new
energy future.
We have the greatest research scientists on the planet. We have the
most technically-talented workforce in
[[Page S2280]]
the world. But we do not have the vigor that we need in energy
research. Energy research is a backwater, compared to other research
efforts in biotechnology, medicine, computers, and defense-oriented
projects.
With the Manhattan project and the Apollo space program, America
proved that we can gather the best talent for a focused mission and
succeed. It is time that we began a similar effort on energy.
We need to create a new agency to initiate cutting-edge, innovative
energy research and development aimed at taking us to a new energy
future. Doing so is essential to our effort to improve our economic
competitiveness.
The new agency is modeled on DARPA--the Defense Advanced Research
Projects Agency--in the Department of Defense. Among the revolutionary
technologies that DARPA has developed are the internet and stealth
technology for aircraft. DARPA has been a tremendous success.
The National Academy of Sciences, the National Academy of
Engineering, and the Institute of Medicine joined to form the Committee
on Prospering in the Global Economy of the 21st Century. Norm Augustine
chaired the committee. Based on DARPA's achievements, the committee
recommended the creation of an ARPA-E: Advanced Research Projects
Agency--Energy.
This was one of a number of recommendations that the committee made
in its impressive 2005 report on the future competitive challenges that
America faces. The committee recommended that ARPA-E be designed to
conduct transformative, out-of-the-box energy research.
My bill proposes that ARPA-E be a small agency with a total of 250
people. A minimum of 180 of them would be technical staff. A director
of the agency and four deputies would lead ARPA-E. I propose that ARPA-
E be funded at $300 million in fiscal year 2008, $600 million in 2009,
$1.1 billion in 2010, $1.5 billion in 2011, and $2.0 billion in 2012.
We would require that the staff have a technical background. The
agency would use the Experimental Personnel Authority designed for
DARPA. That authority authorizes higher salaries than for typical
Federal employees, and faster hiring, so that the agency could get to
work quickly.
To keep the intense, innovative focus that we want, technical staff
would be limited to 3 to 4 years at the agency. Managers would be
limited to 4 to 6 years. The director could give both groups extended
terms of employment if the director so chose.
For contracts, the agency would use the DARPA procedure. That
procedure allows more flexible contracting arrangements than are
normally possible under the Federal Acquisition Regulations. To ensure
that ARPA-E would conduct innovative research, 75 percent of research
projects initiated by ARPA-E would not be peer reviewed.
The ARPA-E would be authorized to award cash prizes to encourage and
accelerate energy research accomplishments.
Finally, the bill would require a report by the end of fiscal year
2008 on whether ARPA-E would need its own energy research lab.
Congress enacted an important companion piece to ARPA-E last December
in the Tax Relief and Health Care Act of 2006. That law extended the
credit for electricity from renewable resources, added $400 million to
the Clean Renewable Energy Bond program, extended the deduction for
energy efficient buildings and the credit for energy efficient homes,
and provided incentives for cellulosic biomass ethanol facilities.
On the energy agenda this year is consideration of President Bush's
proposal to increase Federal targets for use of renewable and
alternative fuels. And additional tax incentives to encourage the
development and use of alternative energy are being contemplated.
We are seeing exciting new efforts in America to strengthen our
energy competitiveness. We need to build on this foundation by creating
an aggressive energy research agency that will push the limits of new
technology and discover alternative energy sources.
America has massive coal reserves. So coal gasification is receiving
greater attention. Gasification involves breaking down coal under heat
and pressure to create synthetic natural gas. We must address the
environmental issues. But if this technology can be improved, then
America will be able to take a huge step toward energy independence.
There are exciting developments in wind energy. In Montana, the
Judith Gap Wind Farm has been generating power at full capacity, using
90 wind turbines. Each turbine can produce enough electricity for
roughly 400 homes. The entire farm can produce the electricity needed
to supply 300,000 customers. And my State ranks in the top 15 States in
the Nation for wind power capacity. Nationwide, wind power generating
capacity increased 27 percent in 2006.
Fusion is another possible area where aggressive research could lead
to huge payoffs. Continuing research will help us to determine whether
energy production through fusion is a practical option.
Ethanol is also gaining as an alternative energy option. The Nation's
first cellulosic ethanol pilot facility has opened in Jennings,
Louisiana. This 1.4 million gallons-per-year, demonstration-scale
facility will produce cellulosic ethanol from sugarcane plant residue
and specially-bred energy cane by the end of 2007.
There are also exciting developments in nanotechnology, solar power,
energy-efficient materials, biomass, and green buildings.
All of these are examples of possible directions for our Nation's
energy future. But we need a more aggressive and focused research and
development effort to push these alternatives. And we need an effort to
create scientific breakthroughs to supplement existing technologies.
We have got to give it our best shot. As President Franklin Roosevelt
said, we must conduct ``bold, persistent experimentation.''
Our economic security is at stake. Our ability to compete in the new
world economy is at stake.
ARPA-E will help us to move forward on existing technologies. It will
help us to find new technologies that are not even imaginable today.
I urge my Colleagues to look closely at this legislation.
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. 696
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Research Act of
2007''.
SEC. 2. ADVANCED RESEARCH PROJECTS ADMINISTRATION-ENERGY.
(a) Establishment.--There is established the Advanced
Research Projects Administration-Energy (referred to in this
section as ``ARPA-E'').
(b) Goals.--The goals of ARPA-E are to reduce the quantity
of energy the United States imports from foreign sources and
to improve the competitiveness of the United States economy
by--
(1) promoting revolutionary changes in the critical
technologies that would promote energy competitiveness;
(2) turning cutting-edge science and engineering into
technologies for energy and environmental application; and
(3) accelerating innovation in energy and the environment
for both traditional and alternative energy sources and in
energy efficiency mechanisms to--
(A) reduce energy use;
(B) decrease the reliance of the United States on foreign
energy sources; and
(C) improve energy competitiveness.
(c) Director.--
(1) In general.--ARPA-E shall be headed by a Director
(referred to in this section as the ``Director'') appointed
by the President.
(2) Positions at level v.--Section 5316 of title 5, United
States Code, is amended by adding at the end the following:
``Director, Advanced Research Projects Administration-
Energy.''.
(d) Duties.--
(1) In general.--In carrying out this section, the Director
shall award competitive grants, cooperative agreements, or
contracts to institutions of higher education, companies, or
consortia of such entities (which may include federally
funded research and development centers) to achieve the goal
described in subsection (b) through acceleration of--
(A) energy-related research;
(B) development of resultant techniques, processes, and
technologies, and related testing and evaluation; and
(C) demonstration and commercial application of the most
promising technologies and research applications.
(2) Small-business concerns.--The Director shall carry out
programs established
[[Page S2281]]
under this section, to the maximum extent practicable, in a
manner that is similar to the Small Business Innovation
Research Program established under section 9 of the Small
Business Act (15 U.S.C. 638) to ensure that small-business
concerns are fully able to participate in the programs.
(e) Personnel.--
(1) Program managers.--
(A) Appointment.--The Director shall appoint employees to
serve as program managers for each of the programs that are
established to carry out the duties of ARPA-E under this
section.
(B) Duties.--Program managers shall be responsible for--
(i) establishing research and development goals for the
program, as well as publicizing goals of the program to the
public and private sectors;
(ii) soliciting applications for specific areas of
particular promise, especially areas for which the private
sector cannot or will not provide funding;
(iii) selecting research projects for support under the
program from among applications submitted to ARPA-E, based
on--
(I) the scientific and technical merit of the proposed
projects;
(II) the demonstrated capabilities of the applicants to
successfully carry out the proposed research project; and
(III) such other criteria as are established by the
Director; and
(iv) monitoring the progress of projects supported under
the program.
(2) Other personnel.--
(A) In general.--Subject to subparagraph (B), the Director
shall appoint such employees as are necessary to carry out
the duties of ARPA-E under this section.
(B) Limitations.--The Director shall appoint not more than
250 employees to carry out the duties of ARPA-E under this
section, including not less than 180 technical staff, of
which--
(i) not less than 20 staff shall be senior technical
managers (including program managers designated under
paragraph (1)); and
(ii) not less than 80 staff shall be technical program
managers.
(3) Experimental personnel authority.--In appointing
personnel for ARPA-E, the Director shall have the hiring and
management authorities described in section 1101 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 5 U.S.C. 3104 note).
(4) Maximum duration of employment.--
(A) Program managers and senior technical managers.--
(i) In general.--Subject to clause (ii), a program manager
and a senior technical manager appointed under this
subsection shall serve for a term not to exceed 4 years after
the date of appointment.
(ii) Extensions.--The Director may extend the term of
employment of a program manager or a senior technical manager
appointed under this subsection for not more than 4 years
through 1 or more 2-year terms.
(B) Technical program managers.--A technical program
manager appointed under this subsection shall serve for a
term not to exceed 6 years after the date of appointment.
(5) Location.--The office of an officer or employee of
ARPA-E shall not be located in the headquarters of the
Department of Energy.
(f) Transactions Other Than Contracts and Grants.--
(1) In general.--To carry out projects through ARPA-E, the
Director may enter into transactions (other than contracts,
cooperative agreements, and grants) to carry out advanced
research projects under this section under similar terms and
conditions as the authority is exercised under section 646(g)
of the Department of Energy Organization Act (42 U.S.C.
7256(g)).
(2) Peer review.--Peer review shall not be required for 75
percent of the research projects carried out by the Director
under this section.
(g) Prizes for Advanced Technology Achievements.--The
Director may carry out a program to award cash prizes in
recognition of outstanding achievements in basic, advanced,
and applied research, technology development, and prototype
development that have the potential for application to the
performance of the mission of ARPA-E under similar terms and
conditions as the authority is exercised under section 1008
of the Energy Policy Act of 2005 (42 U.S.C. 16396).
(h) Coordination of Activities.--The Director--
(1) shall ensure that the activities of ARPA-E are
coordinated with activities of Department of Energy offices
and outside agencies; and
(2) may carry out projects jointly with other agencies.
(i) Report.--Not later than September 30, 2008, the
Director shall submit to Congress a report on the activities
of ARPA-E under this section, including a recommendation on
whether ARPA-E needs an energy research laboratory.
(j) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $300,000,000 for fiscal year 2008;
(2) $600,000,000 for fiscal year 2009;
(3) $1,100,000,000 for fiscal year 2010;
(4) $1,500,000,000 for fiscal year 2011; and
(5) $2,000,000,000 for fiscal year 2012.
______
By Mr. SPECTER (for himself and Mr. Casey):
S. 697. A bill to establish the Steel Industry National Historic Site
in the State of Pennsylvania; to the Committee on Energy and Natural
Resources.
Mr. SPECTER. Mr. President, I have sought recognition to introduce
legislation along with my colleague from Pennsylvania, Senator Casey,
that will honor the importance of the steel industry in the
Commonwealth of Pennsylvania and the Nation by creating the ``Steel
Industry National Historic Site'' to be operated by the National Park
Service in southwestern Pennsylvania.
The importance of the steel industry to the development of the United
States cannot be overstated. A national historic site devoted to the
history of the steel industry will afford all Americans the opportunity
to celebrate this rich heritage, which is symbolic of the work ethic
endemic to this great nation. The National Park Service has reported
that Congress should make remnants of the U.S. Steel Homestead Works an
affiliate of the national park system, rather than a full national
park, an option which had been considered in years prior, and which I
proposed in the 107th Congress. Due to the backlog of maintenance
projects at national parks, the legislation offered today instead
creates a national historic site that would be affiliated with the
National Park Service. There is no better place for such a site than in
southwestern Pennsylvania, which played a significant role in early
industrial America and continues today.
I have long supported efforts to preserve and enhance the historical
steel-related heritage through the Rivers of Steel Heritage Area, which
includes the city of Pittsburgh, and seven southwestern Pennsylvania
counties: Allegheny; Armstrong, Fayette, Greene, Washington and
Westmoreland. I have sought and been very pleased with congressional
support for the important work within the Rivers of Steel Heritage Area
expressed through appropriations levels of roughly $1 million annually
since fiscal year 1998. I am hopeful that this support will continue.
However, more than just resources are necessary to ensure the
historical recognition needed for this important heritage. That is why
I am introducing this legislation today.
It is important to note why Pennsylvania should be the home of the
national site that my legislation authorizes. The combination of a
strong workforce, valuable natural resources, and Pennsylvania's
strategic location in the heavily populated northeastern United States
allowed the steel industry to thrive. Today, the remaining buildings
and sites devoted to steel production are threatened with further
deterioration. Many of these sites are nationally significant and
perfectly suited for the study and interpretation of this crucial
period in our Nation's development. Some of these sites include the
Carrie Furnace Complex, the Hot Metal Bridge, and the United States
Steel Homestead Works, which would all become a part of the Steel
Industry National Historic Site under my legislation. As testimony of
the area's historic significance, on September 20, 2006, the Carrie
Furnaces were designated as a National Historic Landmark by the
Secretary of the Interior.
Highlights of such a national historic site would commemorate a wide
range of accomplishments and topics for historical preservation and
interpretation from industrial process advancements to labor-management
relations. It is important to note that the site I seek to become a
national site under this bill includes the location of the Battle of
the Homestead, waged in 1892 between steelworkers and Pinkerton guards.
The Battle of the Homestead marked a crucial period in our nation's
workers' rights movement. The Commonwealth of Pennsylvania,
individuals, and public and private entities have attempted to protect
and preserve resources such as the Homestead battleground the Hot Metal
Bridge. For the benefit and inspiration of present and future
generations, it is time for the Federal Government to join this effort
to recognize their importance with the additional protection I provide
in this bill.
I would like to commend my colleague, Representative Doyle, who has
been a longstanding leader in this preservation effort and who has
consistently sponsored identical legislation in the U.S. House of
Representatives. I look forward to working with southwestern
Pennsylvania officials and Mr.
[[Page S2282]]
August Carlino, President and Chief Executive Officer of the Steel
Industry Heritage Corporation, in order to bring this national historic
site to fruition. We came very close to passing this bill in the 108th
Congress with its passage in various forms in the House and the Senate.
However, Congress adjourned prior to final passage of the same bill in
both chambers during the 108th and l09th Congresses. Therefore, today
we reintroduce this legislation and urge its swift passage.
______
By Mr. DURBIN (for himself, Mr. Hagel, and Mr. Warner):
S. 698. A bill to amend title 38, United States Code, to expand and
enhance educational assistance for survivors and dependents of
veterans; to the Committee on Veterans' Affairs.
Mr. DURBIN. Mr. President, today I am introducing the Veterans'
Survivor Education Enhancement Act. This legislation would expand
education benefits for the survivors and dependents of fallen
servicemembers.
Specifically, the legislation would adjust the Survivors' and
Dependents' Educational Assistance Program by increasing the dependent
benefit to $80,000 which the dependent can draw against for any period
between the ages of 17 and 30. This benefit may be used for any
expenses incurred while pursuing an education, including: tuition,
fees, books, room, and board. Education benefits may be used for degree
and certificate programs, apprenticeship, and on-the-job training. The
surviving spouse benefit also will rise to $80,000 and may be used by
the spouse for 20 years after the death of the servicemember.
Of the 24.3 million veterans currently alive, nearly three-quarters
served during a war or an official period of conflict. About a quarter
of the Nation's population, approximately 63 million people, are
potentially eligible for veterans' benefits and services because they
are veterans, family members or survivors of veterans. Since the
dependents program was enacted in 1956, the Department of Veterans
Affairs (VA) also has assisted in the education of more than 700,000
dependents of veterans whose deaths or total disabilities were service-
connected. In 2005, VA helped pay for the education or training of
336,347 veterans and active-duty personnel, 87,589 reservists and
National Guardsmen and 74,360 survivors.
Surviving families of veterans have already given so much to our
Nation. We need to give the widowed spouses and children a helping
hand. Therefore, in honor of these families and our brave fallen
servicemembers, I encourage my colleagues to support the Veterans'
Survivor Education Enhancement Act and cosponsor this important
legislation.
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. 698
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Survivors
Education Enhancement Act of 2007''.
SEC. 2. EXPANSION AND ENHANCEMENT OF EDUCATIONAL ASSISTANCE
FOR SURVIVORS AND DEPENDENTS OF VETERANS.
(a) Termination of Durational Limitation on Use of
Educational Assistance and Restatement of Continuing
Requirements.--
(1) In general.--Subsection (a) of section 3511 of title
38, United States Code, is amended to read as follows:
``(a)(1) Notwithstanding any other provision of this
chapter or chapter 36 of this title, any payment of
educational assistance described in paragraph (2) shall not
be charged against the entitlement of any individual under
this chapter.
``(2) The payment of educational assistance referred to in
paragraph (1) is the payment of such assistance to an
individual for pursuit of a course or courses under this
chapter if the Secretary finds that the individual--
``(A) had to discontinue such course pursuit as a result of
being ordered to serve on active duty under section 688,
12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10 or
of being involuntarily ordered to full-time National Guard
duty under section 502(f) of title 32; and
``(B) failed to receive credit or training time toward
completion of the individual's approved educational,
professional, or vocational objective as a result of having
to discontinue, as described in subparagraph (A), the course
pursuit.''.
(2) Conforming amendments.--Such title 38 is further
amended as follows:
(A) In section 3511, by amending the heading to read as
follows:
``Sec. 3511. Treatment of certain interruptions in pursuit of
programs of education''.
(B) In section 3532(g)--
(i) in paragraph (1), by striking ``paragraph (3)'' and
inserting ``paragraph (2)'';
(ii) by striking paragraph (2); and
(iii) by redesignating paragraph (3) as paragraph (2).
(C) By striking section 3541 and inserting the following
new section:
``Sec. 3541. Special restorative training
``(a) The Secretary may, at the request of an eligible
person--
``(1) determine whether such person is in need of special
restorative training; and
``(2) if such need is found to exist, prescribe a course
that is suitable to accomplish the purposes of this chapter.
``(b) A course of special restorative training under
subsection (a) may, at the discretion of the Secretary,
contain elements that would contribute toward an ultimate
objective of a program of education.''.
(D) In section 3695(a)(4), by striking ``35,''.
(b) Extension of Delimiting Age of Eligibility for
Dependents.--Section 3512(a) of such title, is amended by
striking ``twenty-sixth birthday'' each place it appears and
inserting ``thirtieth birthday''.
(c) Amount of Educational Assistance.--
(1) In general.--Section 3532 of such title is amended to
read as follows:
``Sec. 3532. Amount of educational assistance
``(a) The aggregate amount of educational assistance to
which an eligible person is entitled under this chapter is
$80,000, as increased from time to time under section 3564 of
this title.
``(b) Within the aggregate amount provided for in
subsection (a), educational assistance under this chapter may
be paid for any purpose, and in any amount, as follows:
``(1) A program of education consisting of institutional
courses.
``(2) A full-time program of education that consists of
institutional courses and alternate phases of training in a
business or industrial establishment with the training in the
business or industrial establishment being strictly
supplemental to the institutional portion.
``(3) A farm cooperative program consisting of
institutional agricultural courses prescheduled to fall
within 44 weeks of any period of 12 consecutive months that
is pursued by an eligible person who is concurrently engaged
in agricultural employment that is relevant to such
institutional agricultural courses as determined under
standards prescribed by the Secretary.
``(4) A course or courses or other program of special
educational assistance as provided in section 3491(a) of this
title.
``(5) A program of apprenticeship or other on-job training
pursued in a State as provided in section 3687(a) of this
title.
``(6) In the case of an eligible spouse or surviving
spouse, a program of education exclusively by correspondence
as provided in section 3686 of this title.
``(7) Special restorative training as provided in section
3542 of this title.
``(c) If a program of education is pursued by an eligible
person at an institution located in the Republic of the
Philippines, any educational assistance for such person under
this chapter shall be paid at the rate of $0.50 for each
dollar.
``(d)(1) Subject to paragraph (2), the amount of
educational assistance payable under this chapter for a
licensing or certification test described in section
3501(a)(5) of this title is the lesser of $2,000 or the fee
charged for the test.
``(2) In no event shall payment of educational assistance
under this subsection for such a test exceed the amount of
the available entitlement for the individual under this
chapter.''.
(2) Conforming amendments.--Title 38, United States Code,
is amended as follows:
(A) By striking section 3533 and inserting the following
new section:
``Sec. 3533. Tutorial assistance
``An eligible person shall, without any charge to any
entitlement of such person to educational assistance under
section 3532(a) of this title, be entitled to the benefits
provided an eligible veteran under section 3492 of this
title.''.
(B) Section 3534 is repealed.
(C) In section 3542--
(i) in subsection (a), by striking ``computed at the basic
rate'' and all that follows through the end of the subsection
and inserting a period; and
(ii) in subsection (b), by striking ``an educational
assistance allowance'' and inserting ``educational
assistance''.
(D) In section 3543(c)--
(i) in paragraph (1), by adding ``and'' at the end;
(ii) by striking paragraph (2); and
(iii) by redesignating paragraph (3) as paragraph (2).
(E) In section 3564, by striking ``rates payable under
sections 3532, 3534(b), and 3542(a)'' and inserting
``aggregate amount of educational assistance payable under
section 3532''.
(F) In section 3565(b), by striking paragraph (1) and
inserting the following new paragraph (1):
``(1) educational assistance payable under section 3532 of
this title, including the special training allowance referred
to in subsection (b)(7) of such section, shall be paid at the
rate of $0.50 for each dollar; and''.
[[Page S2283]]
(G) In section 3687--
(i) in subsection (a)--
(I) in the matter preceding paragraph (1), by striking ``or
an eligible person (as defined in section 3501(a) of this
title)''; and
(II) in the flush matter following paragraph (2), by
striking ``chapters 34 and 35'' and inserting ``chapter 34'';
(ii) in subsection (c), by striking ``chapters 34 and 35''
and inserting ``chapter 34''; and
(iii) in subsection (e), by striking paragraph (3) and
inserting the following new paragraph (3):
``(3) In this subsection, the term `individual' means an
eligible veteran who is entitled to monthly educational
assistance allowances payable under section 3015(e) of this
title.''.
(d) Other Conforming Amendments.--Title 38, United States
Code, is further amended as follows:
(1) In section 3524, by striking ``the educational
assistance allowance'' each place it appears and inserting
``educational assistance''.
(2) In section 3531--
(A) in the heading, by striking ``allowance'';
(B) in subsection (a), by striking ``an educational
assistance allowance'' and inserting ``educational
assistance''; and
(C) in subsection (b), by striking ``allowance''.
(3) In section 3537(a), by striking ``additional''.
(e) Clerical Amendments.--The table of sections at the
beginning of chapter 35 of such title is amended as follows:
(1) By striking the item relating to section 3511 and
inserting the following new item:
``3511. Treatment of certain interruptions in pursuit of programs of
education.''.
(2) By striking the items relating to section 3531, 3532,
and 3533 and inserting the following new items:
``3531. Educational assistance.
``3532. Amount of educational assistance.
``3533. Tutorial assistance.''.
(3) By striking the item relating to section 3534.
(4) By striking the item relating to section 3541 and
inserting the following new item:
``3541. Special restorative training.''.
(f) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Annual adjustments for fiscal year 2008.--
Notwithstanding the effective date under paragraph (1) of the
amendment to section 3564 of title 38, United States Code,
made by subsection (c)(2)(E), the Secretary of Veterans
Affairs shall make the first increase in the aggregate amount
of educational assistance under section 3532 of such title as
required by such section 3564 (as so amended) for fiscal year
2008.
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