[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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