[Congressional Record Volume 153, Number 39 (Wednesday, March 7, 2007)]
[Senate]
[Pages S2797-S2823]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. GRASSLEY (for himself, Mr. Lieberman, Ms. Collins, and Mr. 
        Coleman):

[[Page S2798]]

  S. 789. A bill to prevent abuse of Government credit cards; to the 
Committee on Homeland Security and Governmental Affairs.
  Mr. GRASSLEY. Mr. President, it's time we put a stop to wasteful, 
abusive, and fraudulent use of government credit cards. In fact, it's 
overdue. For several years, I have been working with the Government 
Accountability Office (GAO) to investigate misuse of government credit 
cards and the lack of internal controls in agencies that breeds such 
activity. We have found shockingly flagrant abuses like $2,443 in 
taxpayers' money going to pay for a down payment on a sapphire ring at 
a place called E-Z Pawn and $1,935 in taxpayers' money used to purchase 
two LA-Z-Boy reclining rocking chairs with full lumbar support and 
vibrator-massage features, all using government purchase cards. 
Government travel cards, which are only to be used for legitimate 
travel-related expenditures, have been used to pay for everything from 
women's lingerie from Frederick's of Hollywood to tickets to the 
Phantom of the Opera to a seven night Alaskan cruise for two. In each 
report it has issued, the GAO has made recommendations about what kind 
of controls need to be implemented to prevent such abuses from 
occurring in the future. Our oversight work has helped shine a light on 
this problem and has led to some improvements. Some agencies have moved 
to fix the specific shortcomings highlighted by the GAO, and the Office 
of Management and Budget has issued a circular to agencies that seeks 
to bring about an improved control environment. However, I believe a 
more comprehensive approach is needed. There is considerable 
commonality between the control breakdowns the GAO found in the 
agencies it investigated. The same controls were often missing or 
inadequate, and therefore the same recommendations are repeated in 
report after report. The OMB circular does not address many of these 
recommendations and it makes no sense for the GAO to visit every agency 
and bureau in the Federal Government to point out where they fall 
short. We know what is needed to prevent waste, fraud, and abuse of 
government credit cards and we must ensure that these internal controls 
are implemented consistently across the federal bureaucracy. That is 
why I am reintroducing the Government Credit Card Abuse Prevention Act, 
along with Senators Lieberman, Collins, and Coleman. I should also 
mention that Representative Joe Wilson will be reintroducing companion 
legislation in the House of Representatives and I appreciate his help 
and assistance as we've worked together on this legislation.
  Based primarily on the recommendations of the GAO in numerous 
reports, as well the work of agency inspectors general and my own 
oversight work, my bill seeks to curtail waste, fraud, and abuse of 
government purchase cards, government travel cards, and centrally 
billed accounts. By way of background, government purchase cards are 
essentially credit cards held by an agency that authorized individuals 
use to purchase items necessary for the work of the agency. Since the 
agency pays the bills directly, the American taxpayer is on the hook 
when improper purchases slip through the cracks. That means hard 
working American citizens are paying for someone else's Christmas 
shopping, or at the very least items with little or no legitimate 
public interest. Just like the parents' credit card in the hands of an 
undisciplined teenager, government purchase cards in the hands of 
poorly trained bureaucrats with inadequate oversight can lead to rash 
and ill-considered impulse buys. Take for instance an incident 
uncovered by the GAO when an individual at the Air Force Academy found 
a dead deer alongside the road and decided to use a government purchase 
card to pay for mounting the mule deer head to hang on the wall at the 
office.
  Centrally billed accounts are another credit product that federal 
agencies use, primarily for purchasing transportation services. Like 
purchase cards, the bill is sent to the government so it's the taxpayer 
who pays when the bureaucrats let things slip through the cracks. For 
instance, we've had repeated cases where government employees had 
airplane tickets purchased on their behalf directly from a centrally 
billed account, and then they sought and received reimbursement as 
though they had paid for the ticket. In other words, the ticket was 
paid for twice with the employee pocketing the cost the second time, 
and no one would be the wiser if it weren't for the GAO. The GAO has 
also found millions of dollars worth of fully refundable, unused 
airline tickets that no one bothered to cash in. I was pleased to work 
with Senator Coleman, then the Chairman of the Permanent Subcommittee 
on Investigations, to bring these issues with centrally billed accounts 
to light, as well as Senator Collins, who was at the time the Chairman 
of the Government Affairs Committee. In addition to being co-requesters 
of the GAO reports, they held hearings in their respective committees 
and were kind enough to invite me to testify about our work.
  Government travel cards, on the other hand, are not paid directly 
with taxpayers' money like purchase cards and centrally billed 
accounts, but they are only supposed to be used to pay for legitimate 
expense while on official government travel. Failure by employees to 
repay these cards results in the loss of millions of dollars in rebates 
to the Federal Government. Also, when credit card companies are forced 
to charge off bad debt, they raise interest rates and fees on everyone 
else. Nevertheless, government travel cards with high credit limits 
have been handed out like candy at a parade to individuals with abysmal 
credit ratings who ordinarily would never be issued that kind of 
credit. It's no surprise then when we learn that certain government 
employees have abused their government travel cards to buy jewelry, 
take in a New York Yankees game, or to fuel an internet gambling habit. 
Such abusive charges often occur when the cardholder is not even on 
travel at all. In fact, government travel cards have been used to 
provide cash advances in employees' hometowns. There are even examples 
of charges at so called ``gentleman's clubs'' like Cheetah's Lounge and 
Deja Vu Showgirls, and even at legalized brothels. Suffice it to say 
that the GAO was able to determine that these charges were not for food 
or other approved travel expenses. It also comes as no surprise when 
the GAO found that employees issued government travel cards despite bad 
credit often bounce checks when their bill comes due, sometimes 
repeatedly and fraudulently. Common sense then leads us to the same 
conclusion that the GAO came to through empirical analysis, namely that 
a significant relationship exists between potential travel card fraud, 
abuse, and delinquencies and individuals with substantial credit 
history problems. That is why my legislation requires agencies to 
perform credit checks for travel card holders and issue only restricted 
cards for those with poor or no credit to reduce the potential for 
misuse.
  My bill would also require a series of common sense internal 
controls, which the GAO has found to be lacking in many cases, to be 
implemented in every federal agency. These include: maintaining a 
record of each cardholder, including single transaction limits and 
total credit limits so agencies can effectively manage their 
cardholders; implementing periodic reviews to determine if cardholders 
have a need for a card; properly recording rebates to the government 
based on prompt payment; providing training for cardholders and 
managers; utilizing available technologies to prevent or catch 
fraudulent purchases; establishing specific policies about the number 
of cards to be issued, the credit limits for certain categories of 
cardholders, and categories of employees eligible to be issued cards; 
invalidating cards when employees leave the agency or transfer; 
establishing an approving official other than the purchase card holder 
so employees cannot approve their own purchases; reconciling purchase 
card charges on the bill with receipts and supporting documentation; 
submitting disputed purchase card charges to the bank according to the 
proper procedure; making purchase card payments promptly to avoid 
interest penalties; retaining records of purchase card transactions in 
accordance with standard government record keeping polices; utilizing 
mandatory split disbursements when reimbursing employees for travel 
card purchases to ensure that travel card bills get paid; comparing 
items submitted on travel vouchers

[[Page S2799]]

with items already paid for with centrally billed accounts to avoid 
reimbursing employees for items already paid for by the agency; and 
submitting refund requests for unused airline tickets so the taxpayers 
don't pay for tickets that were not used.

  My bill would also provide that each agency Inspector General 
periodically conduct risk assessments of agency purchase card and 
travel card programs and perform periodic audits to identify 
potentially fraudulent, improper, and abusive use of cards. We have had 
great success working with Inspectors General using techniques like 
data mining to reveal instances of improper use of government charge 
cards. Having this information on an ongoing basis will help maintain 
and strengthen a rigorous system of internal controls to prevent future 
instances of waste, fraud, and abuse with government charge cards.
  In addition, my bill requires penalties so that employees who abuse 
government charge cards will not get away scot free. In fact, in cases 
of serious misuse or fraud, the bill provides that employees must be 
dismissed and suspected cases of fraud will also be referred to the 
appropriate U.S. Attorney for prosecution under federal anti-fraud 
laws. It is essential that we send a clear message that misuse and 
fraudulent use of government credit cards will not be tolerated. The 
lack of consistency in the past in applying punishments to those caught 
abusing government charge cards has sent the wrong message and led to 
an environment where misuse of government charge cards is more likely. 
My bill will change that.
  The American people expect us to be good stewards of their money and 
their cynicism about government only builds when they read about 
bureaucrats saying, ``Just put it on plastic'' willy nilly with their 
hard earned dollars. Unfortunately, such incidents persist. In the wake 
of Hurricane Katrina, Congress hastily passed a supplemental spending 
bill containing an ill-advised provision to dramatically raise the 
micro-purchase threshold for purchase cards. I worked with Senators 
Collins and Lieberman, the leaders of the Homeland Security and 
Governmental Affairs Committee, to reverse what amounted to an 
invitation to misuse government purchase cards. Then, because of our 
concerns and the concerns of other members of Congress about the 
potential for fraud and abuse of purchase cards in the response to the 
hurricanes in the Gulf Coast region, the GAO conducted an investigation 
of purchase cards at the Department of Homeland Security. Just last 
September, the GAO issued its report finding instances of abusive or 
questionable government charge card transactions, including the 
purchase of a beer brewing kit, a 63-inch plasma television with a 
price tag of $8,000 that was found unused in its original box 6 months 
later, and tens of thousands of dollars for training at golf and tennis 
resorts. Clearly the abuse of government credit cards remains a problem 
and Congress needs to act. My bill will establish the discipline needed 
in government agencies to keep those credit cards in the wallet unless 
needed. I am particularly glad to be joined in introducing this bill by 
Chairman Lieberman and Ranking Member Collins as well as Senator 
Coleman. Their leadership on this issue will continue to be invaluable. 
I urge the rest of my colleagues to join us in this effort and put a 
stop to the bureaucratic shopping spree.
  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. 789

       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 ``Government Credit Card Abuse 
     Prevention Act of 2007''.

     SEC. 2. MANAGEMENT OF PURCHASE CARDS.

       (a) Required Safeguards and Internal Controls.--The head of 
     each executive agency that issues and uses purchase cards and 
     convenience checks shall establish and maintain safeguards 
     and internal controls to ensure the following:
       (1) There is a record in each executive agency of each 
     holder of a purchase card issued by the agency for official 
     use, annotated with the limitations on single transaction and 
     total credit amounts that are applicable to the use of each 
     such card by that purchase cardholder.
       (2) Each purchase card holder is assigned an approving 
     official other than the card holder with the authority to 
     approve or disapprove expenditures.
       (3) The holder of a purchase card and each official with 
     authority to authorize expenditures charged to the purchase 
     card are responsible for--
       (A) reconciling the charges appearing on each statement of 
     account for that purchase card with receipts and other 
     supporting documentation; and
       (B) forwarding such reconciliation to the designated 
     official who certifies the bill for payment in a timely 
     manner.
       (4) Any disputed purchase card charge, and any discrepancy 
     between a receipt and other supporting documentation and the 
     purchase card statement of account, is resolved in the manner 
     prescribed in the applicable Governmentwide purchase card 
     contract entered into by the Administrator of General 
     Services.
       (5) Payments on purchase card accounts are made promptly 
     within prescribed deadlines to avoid interest penalties.
       (6) Rebates and refunds based on prompt payment on purchase 
     card accounts are monitored for accuracy and properly 
     recorded as a receipt to the agency that pays the monthly 
     bill.
       (7) Records of each purchase card transaction (including 
     records on associated contracts, reports, accounts, and 
     invoices) are retained in accordance with standard Government 
     policies on the disposition of records.
       (8) Periodic reviews are performed to determine whether 
     each purchase cardholder has a need for the purchase card.
       (9) Appropriate training is provided to each purchase 
     cardholder and each official with responsibility for 
     overseeing the use of purchase cards issued by an executive 
     agency.
       (10) The executive agency has specific policies regarding 
     the number of purchase cards issued by various organizations 
     and categories of organizations, the credit limits authorized 
     for various categories of cardholders, and categories of 
     employees eligible to be issued purchase cards, and that 
     those policies are designed to minimize the financial risk 
     to the Federal Government of the issuance of the purchase 
     cards and to ensure the integrity of purchase cardholders.
       (11) The executive agency utilizes technologies to prevent 
     or identify fraudulent purchases, including controlling 
     merchant codes and utilizing statistical machine learning and 
     pattern recognition technologies that review the risk of 
     every transaction.
       (12) The executive agency invalidates the purchase card of 
     each employee who--
       (A) ceases to be employed by the agency immediately upon 
     termination of the employment of the employee; or
       (B) transfers to another unit of the agency immediately 
     upon the transfer of the employee.
       (13) The executive agency takes steps to recover the cost 
     of any improper or fraudulent purchase made by an employee, 
     including, as necessary, through salary offsets.
       (b) Management of Purchase Cards.--The head of each 
     executive agency shall prescribe regulations implementing the 
     safeguards and internal controls in subsection (a). The 
     regulations shall be consistent with regulations that apply 
     Governmentwide regarding the use of purchase cards by 
     Government personnel for official purposes.
       (c) Penalties for Violations.--The regulations prescribed 
     under subsection (b) shall provide for appropriate adverse 
     personnel actions or other punishment to be imposed in cases 
     in which employees of an executive agency violate such 
     regulations or are negligent or engage in misuse, abuse, or 
     fraud with respect to a purchase card, including imposition 
     of the following penalties:
       (1) In the case of an employee who is suspected by the 
     executive agency to have engaged in fraud, referral of the 
     case to the United States Attorney with jurisdiction over the 
     matter.
       (2) In the case of an employee who is found guilty of fraud 
     or found by the executive agency to have egregiously abused a 
     purchase card, dismissal of the employee.
       (d) Risk Assessments and Audits.--The Inspector General of 
     each executive agency shall--
       (1) periodically conduct risk assessments of the agency 
     purchase card program and associated internal controls and 
     analyze identified weaknesses and the frequency of improper 
     activity in order to develop a plan for using such risk 
     assessments to determine the scope, frequency, and number of 
     periodic audits of purchase cardholders;
       (2) perform periodic audits of purchase cardholders 
     designed to identify--
       (A) potentially fraudulent, improper, and abusive uses of 
     purchase cards;
       (B) any patterns of improper cardholder transactions, such 
     as purchases of prohibited items; and
       (C) categories of purchases that should be made by means 
     other than purchase cards in order to better aggregate 
     purchases and obtain lower prices;
       (3) report to the head of the executive agency concerned on 
     the results of such audits; and
       (4) report to the Director of the Office of Management and 
     Budget and the Comptroller General on the implementation of 
     recommendations made to the head of the

[[Page S2800]]

     executive agency to address findings during audits of 
     purchase cardholders.
       (e) Definition of Executive Agency.--In this section, the 
     term ``executive agency'' has the meaning given such term in 
     section 4(1) of the Office of Federal Procurement Policy Act 
     (41 U.S.C. 403(1)).
       (f) Relationship to Department of Defense Purchase Card 
     Regulations.--
       (1) In general.--Except as provided by the amendments made 
     by paragraph (2), the requirements under this section shall 
     not apply to the Department of Defense.
       (2) Exception.--Section 2784(b) of title 10, United States 
     Code, is amended--
       (A) in paragraph (8), by striking ``periodic audits'' and 
     all that follows through the period at the end and inserting 
     ``risk assessments of the agency purchase card program and 
     associated internal controls and analyze identified 
     weaknesses and the frequency of improper activity in order to 
     develop a plan for using such risk assessments to determine 
     the scope, frequency, and number of periodic audits of 
     purchase cardholders.''; and
       (B) by adding at the end the following new paragraphs:
       ``(11) That the Department of Defense utilizes technologies 
     to prevent or identify fraudulent purchases, including 
     controlling merchant codes and utilizing statistical machine 
     learning and pattern recognition ognition technologies that 
     review the risk of every transaction.
       ``(12) That the Secretary of Defense--
       ``(A) invalidates the purchase card of each employee who 
     ceases to be employed by the Department of Defense 
     immediately upon termination of the employment of the 
     employee; and
       ``(B) invalidates the purchase card of each employee who 
     transfers to another agency or subunit within the Department 
     of Defense immediately upon such transfer.''.

     SEC. 3. MANAGEMENT OF TRAVEL CARDS.

       Section 2 of the Travel and Transportation Reform Act of 
     1998 (Public Law 105-264; 5 U.S.C. 5701 note) is amended by 
     adding at the end the following new subsection:
       ``(h) Management of Travel Charge Cards.--
       ``(1) Required safeguards and internal controls.--The head 
     of each executive agency that has employees that use travel 
     charge cards shall establish and maintain safeguards and 
     internal controls over travel charge cards to ensure the 
     following:
       ``(A) There is a record in each executive agency of each 
     holder of a travel charge card issued by the agency for 
     official use, annotated with the limitations on amounts that 
     are applicable to the use of each such card by that travel 
     charge cardholder.
       ``(B) Rebates and refunds based on prompt payment on travel 
     charge card accounts are properly recorded as a receipt of 
     the agency that employs the cardholder.
       ``(C) Periodic reviews are performed to determine whether 
     each travel charge cardholder has a need for the travel 
     charge card.
       ``(D) Appropriate training is provided to each travel 
     charge cardholder and each official with responsibility for 
     overseeing the use of travel charge cards issued by an 
     executive agency.
       ``(E) Each executive agency has specific policies regarding 
     the number of travel charge cards issued by various 
     organizations and categories of organizations, the credit 
     limits authorized for various categories of cardholders, and 
     categories of employees eligible to be issued travel charge 
     cards, and that those policies are designed to minimize the 
     financial risk to the Federal Government of the issuance of 
     the travel charge cards and to ensure the integrity of travel 
     charge cardholders.
       ``(F) The head of each executive agency negotiates with the 
     holder of the applicable travel card contract, or a third 
     party provider of credit evaluations if such provider offers 
     more favorable terms, to evaluate the creditworthiness of an 
     individual before issuing the individual a travel charge 
     card, and that no individual be issued a travel charge card 
     if the individual is found not creditworthy as a result of 
     the evaluation (except that this paragraph shall not preclude 
     issuance of a restricted use travel charge card when the 
     individual lacks a credit history or the issuance of a pre-
     paid card when the individual has a credit score below the 
     minimum credit score established by the agency). Each 
     executive agency shall establish a minimum credit score for 
     determining the creditworthiness of an individual based on 
     rigorous statistical analysis of the population of 
     cardholders and historical behaviors. Notwithstanding any 
     other provision of law, such evaluation shall include an 
     assessment of an individual's consumer report from a consumer 
     reporting agency as those terms are defined in section 603 of 
     the Fair Credit Reporting Act. The obtaining of a consumer 
     report under this subsection is deemed to be a circumstance 
     or purpose authorized or listed under section 604 of the Fair 
     Credit Reporting Act.
       ``(G) Each executive agency utilizes technologies to 
     prevent or identify fraudulent purchases, including 
     controlling merchant codes and utilizing statistical machine 
     learning and pattern recognition technologies that review the 
     risk of every transaction.
       ``(H) Each executive agency ensures that the travel charge 
     card of each employee who ceases to be employed by the agency 
     is invalidated immediately upon termination of the employment 
     of the employee.
       ``(I) Each executive agency utilizes mandatory split 
     disbursements for travel card purchases.
       ``(2) Regulations.--The Administrator of General Services 
     shall prescribe regulations governing the implementation of 
     the safeguards and internal controls in paragraph (1) by 
     executive agencies.
       ``(3) Penalties for violations.--The regulations prescribed 
     under paragraph (2) shall provide for appropriate adverse 
     personnel actions or other punishment to be imposed in cases 
     in which employees of an executive agency violate such 
     regulations or are negligent or engage in misuse, abuse, or 
     fraud with respect to a travel charge card, including removal 
     in appropriate cases.
       ``(4) Assessments.--The Inspector General of each executive 
     agency shall--
       ``(A) periodically conduct risk assessments of the agency 
     travel card program and associated internal controls and 
     analyze identified weaknesses and the frequency of improper 
     activity in order to develop a plan for using such risk 
     assessments to determine the scope, frequency, and number of 
     periodic audits of purchase cardholders;
       ``(B) perform periodic audits of travel cardholders 
     designed to identify potentially fraudulent, improper, and 
     abusive uses of travel cards;
       ``(C) report to the head of the executive agency concerned 
     on the results of such audits; and
       ``(D) report to the Director of the Office of Management 
     and Budget and the Comptroller General on the implementation 
     of recommendations made to the head of the executive agency 
     to address findings during audits of travel cardholders.
       ``(5) Definitions.--In this subsection:
       ``(A) The term `executive agency' means an agency as that 
     term is defined in section 5701 of title 5, United States 
     Code, except that it is in the executive branch.
       ``(B) The term `travel charge card' means the Federal 
     contractor-issued travel charge card that is individually 
     billed to each cardholder.''.

     SEC. 4. MANAGEMENT OF CENTRALLY BILLED ACCOUNTS.

       The head of an executive agency that has employees who use 
     a centrally billed account shall establish and maintain 
     safeguards and internal controls to ensure the following:
       (1) Items submitted on an employee's travel voucher are 
     compared with items paid for using a centrally billed account 
     to ensure that an employee is not reimbursed for an item 
     already paid for through a centrally billed account.
       (2) The executive agency submits requests for refunds for 
     unauthorized purchases to the holder of the applicable 
     contract for a centrally billed account.
       (3) The executive agency submits requests for refunds for 
     fully or partially unused tickets to the holder of the 
     applicable contract for a centrally billed account.

     SEC. 5. REGULATIONS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act--
       (1) the head of each executive agency shall promulgate 
     regulations to implement the requirements of sections 2 and 
     4; and
       (2) the Administrator of General Services shall promulgate 
     regulations required pursuant to the amendments made by 
     section 3.
       (b) Best Practices.--Regulations promulgated under this 
     section shall reflect best practices for conducting purchase 
     card and travel card programs.
                                 ______
                                 
      By Mr. LEVIN (for himself, Mr. Voinovich, Ms. Stabenow, Mr. 
        Schumer, Mr. Coleman, Mrs. Clinton, and Mr. Obama):
  S. 791. A bill to establish a collaborative program to protect the 
Great Lakes, and for other purposes; to the Committee on Environment 
and Public Works.
  Mr. LEVIN. Mr. President, I am pleased to introduce the ``Great Lakes 
Collaboration Implementation Act'' with Senator George Voinovich and 
our co-sponsors. I also want to thank Representatives Vern Ehlers and 
Rahm Emanuel for introducing similar Great Lakes restoration 
legislation in the House today.
  The Great Lakes are vital not only to Michigan, but to the Nation. 
Roughly one-tenth of the U.S. population lives in the Great Lakes basin 
and depends daily on the lakes. The Great Lakes provide drinking water 
to 40 million people. They provide the largest recreational resource 
for their 8 neighboring States. They form the largest body of 
freshwater in the world, containing roughly 18 percent of the world's 
total; only the polar ice caps contain more freshwater. They are 
critical for our economy by helping move natural resources to the 
factory and to move products to market.
  While the environmental protections that were put in place in the 
early 1970s have helped the Great Lakes make strides toward recovery, a 
2003 GAO report made clear that there is much work still to do. That 
report stated: ``Despite early success in improving conditions in the 
Great Lakes Basin, significant environmental challenges remain, 
including increased

[[Page S2801]]

threats from invasive species and cleanup of areas contaminated with 
toxic substances that pose human health threats.'' More recently, many 
scientists reported that the Great Lakes are exhibiting signs of stress 
due to a combination of sources, including toxic contaminants, invasive 
species, nutrient loading, shoreline and upland land use changes, and 
hydrologic modifications. A 2005 report from a group of Great Lakes 
scientific experts states that ``historical sources of stress have 
combined with new ones to reach a tipping point, the point at which 
ecosystem-level changes occur rapidly and unexpectedly, confounding the 
traditional relationships between sources of stress and the expected 
ecosystem response.''
  The zebra mussel, an aquatic invasive species, caused $3 billion in 
economic damage to the Great Lakes from 1993 to 2003. In 2000, seven 
people died after pathogens entered the Walkerton, Ontario drinking 
water supply from the lakes. In May of 2004, more than ten billion 
gallons of raw sewage and storm water were dumped into the Great Lakes. 
In that same year, over 1,850 beaches in the Great Lakes were closed. 
Each summer, Lake Erie develops a 6,300 square mile dead zone. There is 
no appreciable natural reproduction of lake trout in the lower four 
lakes. More than half of the Great Lakes region's original wetlands 
have been lost, along with 60% of the forests. Wildlife habitat has 
been destroyed, thus diminishing opportunities necessary for fishing, 
hunting and other forms of outdoor recreation.
  The Great Lakes problems have been well-known for several years, and, 
in 2005, 1,500 people through the Great Lakes region worked together to 
compile recommendations for restoring the lakes. These recommendations 
were released in December 2005, and, today, I am introducing this 
legislation to implement many of those recommendations.
  This bill would reduce the threat of new invasive species by enacting 
comprehensive invasive species legislation and put ballast technology 
on board ships; it specifically targets Asian carp by authorizing the 
improvement, operation and maintenance of the dispersal barrier. The 
bill would improve fish and wildlife habitat by providing additional 
resources to States and cities for water infrastructure. It would 
provide additional funding for contaminated sediment cleanup and would 
give the EPA additional tools under the Great Lakes Legacy Act to move 
projects along faster. The bill would create a new grant program to 
phase out mercury in products and to identify emerging contaminants. 
The bill would authorize the restoration and remediation of our 
waterfronts. It would authorize additional research through existing 
Federal programs as well as our non-federal research institutions. And 
it would authorize coordination of Federal programs.
  The Great Lakes are a unique American treasure. We must recognize 
that we are only their temporary stewards. If Congress does not act to 
keep pace with the needs of the lakes, and the tens of millions of 
Americans dependent upon them and affected by their condition, the 
current problems will continue to build, and we may start to undo some 
of the good work that has already been done. We must be good stewards 
by ensuring that the Federal government meets its ongoing obligation to 
protect and restore the Great Lakes. This legislation will help us meet 
that great responsibility to future generations.
                                 ______
                                 
      By Mr. HATCH (for himself and Mr. Kennedy):
  S. 793. A bill to provide for the expansion and improvement of 
traumatic brain injury programs; to the Committee on Health, Education, 
Labor, and Pensions.
  Mr. HATCH. Mr. President, I rise today to introduce legislation to 
reauthorize the Traumatic Brain Injury Act. It is my pleasure to be 
joined in this effort by the Chairman of the Senate Health, Education, 
Labor and Pension Committee, Senator Ted Kennedy, with whom I worked on 
the original legislation over 10 years ago.
  Sustaining a traumatic brain injury--or TBI--can be both catastrophic 
and devastating. The financial and emotional costs to the individual, 
family, and community are enormous. Traumatic brain injuries contribute 
to a substantial number of deaths and cases of permanent disability 
annually.
  Individuals with TBI and their families are often faced with 
challenges, such as improper diagnosis, inability to access support or 
rehabilitation services, institutional segregation, unemployment, and 
being forced to navigate complicated and cumbersome service and support 
systems.
  Of the 1.4 million who sustain a TBI each year in the United States: 
50,000 die; 235,000 are hospitalized; and 1.1 million are treated and 
released from an emergency department. Brain injuries are the most 
frequent reasons for visits to physicians and emergency rooms.
  These statistics are more revealing when one considers that every 16 
seconds someone in the U.S. sustains a head injury; and every 12 
minutes, one of these people will die and another will become 
permanently disabled. Of those who survive, each year, an estimated 
80,000 to 90,000 people experience the onset of long-term disability 
associated with a TBI. An additional 2,000 will exist in a persistent 
vegetative state.
  Even more startling is the fact that brain injury kills more 
Americans under the age of 34 than all other causes combined and has 
claimed more lives since the turn of the century than all United States 
wars combined.
  Recent publicity about brain injuries Americans have sustained in 
Iraq points out that TBI is an everyday threat to our servicemen and 
servicewomen--68 percent of war veterans are returning home with 
sustained brain injuries. According to the Defense and Veterans Brain 
Injury Center, which serves active duty military, their dependents and 
veterans with TBI, traumatic brain injury is one of the leading causes 
of death and disability on today's battlefield. While not specifically 
addressed by this bill, the Federal TBI program helps to provide 
resources that supplement the networks which serve our returning 
soldiers.
  The distress of TBI is not limited to diagnosis. A survivor of a 
severe brain injury typically faces 5 to 10 years of intensive services 
and estimated lifetime costs can exceed $4 million. Direct medical 
costs and indirect costs such as lost productivity of TBI totaled an 
estimated $60 billion in the United States in 2000.
  To recognize the large number of individuals and families struggling 
to access appropriate and community-based services, Senator Kennedy and 
I wrote the TBI Act of 1996, PL 104-166.
  The TBI Act of 1996 launched an effort to conduct expanded studies 
and to establish innovative programs for TBI. It gave the Health 
Resources and Services Administration (HRSA) authority to establish a 
grant program for States to assist it in addressing the needs of 
individuals with TBI and their families. It also delegated 
responsibilities in the areas of research, prevention, and surveillance 
to the National Institutes of Health (NIH) and the Centers for Disease 
Control and Prevention (CDC), respectively.
  Title XIII of the Children's Health Act of 2000, PL 106-310, 
reauthorized the programs of the TBI Act of 1996. This reauthorization 
also added a provision on protection and advocacy, P&A, services for 
individuals with TBI and their families by authorizing HRSA to make 
grants to State P&A Systems.
  The Traumatic Brain Injury Act is the only Federal legislation that 
specifically addresses issues faced by 5.3 million American children 
and adults who live with a long-term disability as a result of 
traumatic brain injury. Reauthorization of the Traumatic Brain Injury 
Act will provide for the continuation of research, not only for the 
treatment of TBI, but also for prevention and awareness programs which 
will help decrease the occurrence of traumatic brain injury and improve 
the long-term outcome.
  This legislation authorizes the Health Resources and Services 
Administration, HRSA, to make grants for projects of national 
significance that improve individual and family access to service 
systems; assist States in developing service capacity; improve 
monitoring and evaluation of rehabilitation services and supports; and 
address emerging needs of servicemen and women, veterans, and 
individuals and families who have experienced

[[Page S2802]]

brain injury through service delivery demonstration projects.
  This bill also authorizes HRSA to include the American Indian 
Consortium as an eligible recipient of competitive grants awarded to 
States, Territories, and the District of Columbia to develop 
comprehensive system of services and supports nationwide.
  Furthermore, this bill instructs HRSA and the Administration on 
Developmental Disabilities to coordinate data collection regarding 
protection and advocacy services.
  Also funded by the TBI program, the CDC supports multiple projects 
and programs, including those that monitor TBI, link people with TBI to 
information about services, and prevent TBI-related disabilities. These 
projects comprise initiatives such as generating national estimates for 
TBI deaths, hospitalizations, and emergency department visits; planning 
the future of TBI registries and data systems; and educating health 
care professionals about TBI. In addition, the CDC funds TBI research 
in various academic institutions to investigate TBI in children and 
adolescents.
  This year, Congress has an opportunity to strengthen the TBI Act by 
authorizing the Centers for Disease Control and Prevention, CDC, to 
determine the incidence and prevalence of traumatic brain injury in the 
general population of the United States, including all age groups and 
persons in institutional settings such as nursing homes, correctional 
facilities, psychiatric hospitals, child care facilities, and 
residential institutes for people with developmental disabilities.
  Brain injury is a complex issue and there is still much unknown. With 
Federal funds provided within the TBI program, researchers at the NIH 
are studying many issues related to the special cognitive and 
communication problems experienced by individuals who have traumatic 
brain injuries. Scientists are designing new evaluation tools to assess 
the special problems that children who have suffered traumatic brain 
injuries encounter. Because the brain of a child is vastly different 
from the brain of an adult, scientists are also examining the effects 
of various treatment methods that have been developed specifically for 
children. In addition, research is examining the effects of some 
medications on the recovery of speech, language, and cognitive 
abilities following traumatic brain injury. Reauthorization of the TBI 
program will enable this important research to continue and expand.
  As I have mentioned, there is still a lot of unknown surrounding the 
issue of TBI; however, one aspect is definite, and that is that people 
are never the same after TBI. Not only are their lives forever changed, 
but they must face these changes in a compromised state. The TBI 
program offers balanced and coordinated public policy in brain injury 
prevention, research, education, and community-based services and 
supports for individuals living with traumatic brain injury and their 
families.
  Reauthorization of the Traumatic Brain Injury Act will further 
provide mechanisms for the research, prevention, and treatment of TBI 
and the improvement of the quality of life for those Americans and 
their families who may sustain such a devastating disability. I ask my 
colleagues' support in promptly reauthorizing the Traumatic Brain 
Injury 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. 793

       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 ``Reauthorization of the 
     Traumatic Brain Injury Act''.

     SEC. 2. CONFORMING AMENDMENTS RELATING TO RESTRUCTURING.

       Part J of title III of the Public Health Service Act (42 
     U.S.C. 280b et seq.) is amended--
       (1) by redesignating the section 393B (42 U.S.C. 280b-1c) 
     relating to the use of allotments for rape prevention 
     education, as section 393A and moving such section so that it 
     follows section 393;
       (2) by redesignating existing section 393A (42 U.S.C. 280b-
     1b) relating to prevention of traumatic brain injury, as 
     section 393B; and
       (3) by redesignating the section 393B (42 U.S.C. 280b-1d) 
     relating to traumatic brain injury registries, as section 
     393C.

     SEC. 3. TRAUMATIC BRAIN INJURY PROGRAMS OF THE CENTERS FOR 
                   DISEASE CONTROL AND PREVENTION.

       (a) Prevention of Traumatic Brain Injury.--Clause (ii) of 
     section 393B(b)(3)(A) of the Public Health Service Act, as so 
     redesignated, (42 U.S.C. 280b-1b) is amended by striking 
     ``from hospitals and trauma centers'' and inserting ``from 
     hospitals and emergency departments''.
       (b) National Program for Traumatic Brain Injury 
     Surveillance and Registries.--Section 393C of the Public 
     Health Service Act, as so redesignated, (42 U.S.C. 280b et 
     seq.) is amended--
       (1) in the section heading, by inserting ``SURVEILLANCE 
     AND'' after ``NATIONAL PROGRAM FOR TRAUMATIC BRAIN INJURY'';
       (2) by striking ``(a) IN GENERAL.--''; and
       (3) in the matter preceding paragraph (1), by striking 
     ``may make grants'' and all that follows through ``to collect 
     data concerning--'' and inserting ``may make grants to States 
     or their designees to develop or operate the State's 
     traumatic brain injury surveillance system or registry to 
     determine the incidence and prevalence of traumatic brain 
     injury and related disability, to ensure the uniformity of 
     reporting under such system or registry, to link individuals 
     with traumatic brain injury to services and supports, and to 
     link such individuals with academic institutions to conduct 
     applied research that will support the development of such 
     surveillance systems and registries as may be necessary. A 
     surveillance system or registry under this section shall 
     provide for the collection of data concerning--''.

     SEC. 4. STUDY ON TRAUMATIC BRAIN INJURY.

       Part J of title III of the Public Health Service Act (42 
     U.S.C. 280b et seq.) is amended by inserting after section 
     393C the following:

     ``SEC. 393C-1. STUDY ON TRAUMATIC BRAIN INJURY.

       ``(a) Study.--The Secretary, acting through the Director of 
     the Centers for Disease Control and Prevention with respect 
     to paragraph (1) and the Director of the National Institutes 
     of Health with respect to paragraphs (2) and (3), shall 
     conduct a study with respect to traumatic brain injury for 
     the purpose of carrying out the following:
       ``(1) In collaboration with appropriate State and local 
     health-related agencies--
       ``(A) determining the incidence of traumatic brain injury 
     and prevalence of traumatic brain injury related disability 
     and the clinical aspects of the disability in all age groups 
     and racial and ethnic minority groups in the general 
     population of the United States, including institutional 
     settings, such as nursing homes, correctional facilities, 
     psychiatric hospitals, child care facilities, and residential 
     institutes for people with developmental disabilities; and
       ``(B) reporting national trends in traumatic brain injury.
       ``(2) Identifying common therapeutic interventions which 
     are used for the rehabilitation of individuals with such 
     injuries, and, subject to the availability of information, 
     including an analysis of--
       ``(A) the effectiveness of each such intervention in 
     improving the functioning, including return to work or school 
     and community participation, of individuals with brain 
     injuries;
       ``(B) the comparative effectiveness of interventions 
     employed in the course of rehabilitation of individuals with 
     brain injuries to achieve the same or similar clinical 
     outcome; and
       ``(C) the adequacy of existing measures of outcomes and 
     knowledge of factors influencing differential outcomes.
       ``(3) Identifying interventions and therapies that can 
     prevent or remediate the development of secondary neurologic 
     conditions related to traumatic brain injury.
       ``(4) Developing practice guidelines for the rehabilitation 
     of traumatic brain injury at such time as appropriate 
     scientific research becomes available.
       ``(b) Dates Certain for Reports.--Not later than 3 years 
     after the date of the enactment of the Reauthorization of the 
     Traumatic Brain Injury Act, the Secretary shall submit to the 
     Congress a report describing findings made as a result of 
     carrying out subsection (a).
       ``(c) Definition.--For purposes of this section, the term 
     `traumatic brain injury' means an acquired injury to the 
     brain. Such term does not include brain dysfunction caused by 
     congenital or degenerative disorders, nor birth trauma, but 
     may include brain injuries caused by anoxia due to trauma. 
     The Secretary may revise the definition of such term as the 
     Secretary determines necessary.''.

     SEC. 5. TRAUMATIC BRAIN INJURY PROGRAMS OF THE NATIONAL 
                   INSTITUTES OF HEALTH.

       Section 1261 of the Public Health Service Act (42 U.S.C. 
     300d-61) is amended--
       (1) in subparagraph (D) of subsection (d)(4), by striking 
     ``head brain injury'' and inserting ``brain injury''; and
       (2) in subsection (i), by inserting ``, and such sums as 
     may be necessary for each of fiscal years 2008 through 2011'' 
     before the period at the end.

     SEC. 6. TRAUMATIC BRAIN INJURY PROGRAMS OF THE HEALTH 
                   RESOURCES AND SERVICES ADMINISTRATION.

       (a) State Grants for Demonstration Projects Regarding 
     Traumatic Brain Injury.--Section 1252 of the Public Health 
     Service Act (42 U.S.C. 300d-52) is amended--
       (1) in subsection (a)--

[[Page S2803]]

       (A) by striking ``may make grants to States'' and inserting 
     ``may make grants to States and American Indian consortia''; 
     and
       (B) by striking ``health and other services'' and inserting 
     ``rehabilitation and other services'';
       (2) in subsection (b)--
       (A) in paragraphs (1), (3)(A)(i), (3)(A)(iii), and 
     (3)(A)(iv), by striking the term ``State'' each place such 
     term appears and inserting the term ``State or American 
     Indian consortium''; and
       (B) in paragraph (2), by striking ``recommendations to the 
     State'' and inserting ``recommendations to the State or 
     American Indian consortium'';
       (3) in subsection (c), by striking the term ``State'' each 
     place such term appears and inserting ``State or American 
     Indian consortium'';
       (4) in subsection (e), by striking ``A State that 
     received'' and all that follows through the period and 
     inserting ``A State or American Indian consortium that 
     received a grant under this section prior to the date of the 
     enactment of the Reauthorization of the Traumatic Brain 
     Injury Act may complete the activities funded by the 
     grant.'';
       (5) in subsection (f)--
       (A) in the subsection heading, by inserting ``and American 
     Indian Consortium'' after ``State'';
       (B) in paragraph (1) in the matter preceding subparagraph 
     (A), paragraph (1)(E), paragraph (2)(A), paragraph (2)(B), 
     paragraph (3) in the matter preceding subparagraph (A), 
     paragraph (3)(E), and paragraph (3)(F), by striking the term 
     ``State'' each place such term appears and inserting ``State 
     or American Indian consortium'';
       (C) in clause (ii) of paragraph (1)(A), by striking 
     ``children and other individuals'' and inserting ``children, 
     youth, and adults''; and
       (D) in subsection (h)--
       (i) by striking ``Not later than 2 years after the date of 
     the enactment of this section, the Secretary'' and inserting 
     ``Not less than bi-annually, the Secretary''; and
       (ii) by inserting ``section 1253, and section 1254,'' after 
     ``programs established under this section,'';
       (6) by amending subsection (i) to read as follows:
       ``(i) Definitions.--For purposes of this section:
       ``(1) The terms `American Indian consortium' and `State' 
     have the meanings given to those terms in section 1253.
       ``(2) The term `traumatic brain injury' means an acquired 
     injury to the brain. Such term does not include brain 
     dysfunction caused by congenital or degenerative disorders, 
     nor birth trauma, but may include brain injuries caused by 
     anoxia due to near drowning. The Secretary may revise the 
     definition of such term as the Secretary determines 
     necessary, after consultation with States and other 
     appropriate public or nonprofit private entities.''; and
       (7) in subsection (j), by inserting ``, and such sums as 
     may be necessary for each of the fiscal years 2008 through 
     2011'' before the period.
       (b) State Grants for Protection and Advocacy Services.--
     Section 1253 of the Public Health Service Act (42 U.S.C. 
     300d-53) is amended--
       (1) in subsections (d) and (e), by striking the term 
     ``subsection (i)'' each place such term appears and inserting 
     ``subsection (l)'';
       (2) in subsection (g), by inserting ``each fiscal year not 
     later than October 1,'' before ``the Administrator shall 
     pay'';
       (3) by redesignating subsections (i) and (j) as subsections 
     (l) and (m), respectively;
       (4) by inserting after subsection (h) the following:
       ``(i) Data Collection.--The Administrator of the Health 
     Resources and Services Administration and the Commissioner of 
     the Administration on Developmental Disabilities shall enter 
     into an agreement to coordinate the collection of data by the 
     Administrator and the Commissioner regarding protection and 
     advocacy services.
       ``(j) Training and Technical Assistance.--
       ``(1) Grants.--For any fiscal year for which the amount 
     appropriated to carry out this section is $6,000,000 or 
     greater, the Administrator shall use 2 percent of such amount 
     to make a grant to an eligible national association for 
     providing for training and technical assistance to protection 
     and advocacy systems.
       ``(2) Definition.--In this subsection, the term `eligible 
     national association' means a national association with 
     demonstrated experience in providing training and technical 
     assistance to protection and advocacy systems.
       ``(k) System Authority.--In providing services under this 
     section, a protection and advocacy system shall have the same 
     authorities, including access to records, as such system 
     would have for purposes of providing services under subtitle 
     C of the Developmental Disabilities Assistance and Bill of 
     Rights Act of 2000.''; and
       (5) in subsection (l) (as redesignated by this subsection) 
     by striking ``2005'' and inserting ``2011''.

  Mr. KENNEDY. Mr. President, it's a privilege to join with Senator 
Hatch in introducing legislation to reauthorize the Traumatic Brain 
Injury Act. The reauthorization will expand assistance to the millions 
of adults and children in the nation who are facing serious problems 
because of brain injuries. Its provisions also have a major role in 
meeting the critical needs facing many of our wounded soldiers 
returning home from the wars in Iraq and Afghanistan.
  The numbers tell the story. As of this month, almost 25,000 service 
members have been wounded in Iraq, and approximately two-thirds of the 
injuries include brain injuries. Here at home, an extremely high number 
of children from birth to age 14 experience traumatic brain injuries--
approximately 475,000 a year--and some of the most frequent injuries 
are among children under the age of five.
  Soldiers and children--I cannot think of two more deserving groups of 
people in our nation.
  Reauthorization of the Act is essential to continue the availability 
of federal funds for traumatic brain injury programs. The bill 
reauthorizes grants that assist States, Territories, and the District 
of Columbia in establishing and expanding coordinated systems of 
community-based services and supports for children and adults with such 
injuries. It also extends the ability to apply for these grants to 
American Indian Consortia.
  When Congress approved the Traumatic Brain Injury Act as part of the 
Children's Health Act of 2000, we had the foresight to establish a 
specific provision called the Protection and Advocacy for Individuals 
with Traumatic Brain Injury Program. This program has proved to be 
essential because individuals with traumatic brain injuries have an 
array of needs, including assistance in returning to work, finding a 
place to live, obtaining supports and services such as attendant care 
and assistive technology, and obtaining appropriate mental health, 
substance abuse, and rehabilitation services.
  Often these individuals--especially our returning veterans--must 
remain in extremely expensive institutions far longer than necessary, 
because the community-based supports and services they need are not 
available. Such services can lead both to reduced government 
expenditures and to increased productivity, independence and community 
integration, but the advocates must possess special skills, and their 
work is often time-intensive.
  In addition, our legislation provides funds for CDC programs that 
provide extremely important data gathering and information on injury 
prevention. In a time when both the Administration and Congress are 
searching for programs that provide the right kind of ``bang for the 
federal buck,'' an Institute of Medicine report last March showed that 
the TBI programs work. The programs in the Act were funded for a total 
of only $12 million dollars last year, and yet their benefit is 
obvious. Clearly these programs should be reauthorized and the funding 
should be increased. Although the reauthorization is for ``such sums as 
may be necessary,'' we must do all we can to expand the appropriations 
in the years ahead in order to meet the urgent need for this 
assistance.
  The IOM report called the current TBI programs an ``overall 
success,'' stating that ``there is considerable value in providing . . 
. funding,'' and ``it is worrisome that the modestly budgeted HRSA TBI 
Program continues to be vulnerable to budget cuts.'' As the study 
suggests, this program must be continued and allowed to grow, so that 
each state has the resources necessary to maintain vital services and 
advocacy for the estimated 5.3 million people currently living with 
disabilities resulting from brain injury. When our wounded soldiers 
return to their communities, the services and supports they need must 
be available.
  The nation owes these deserving people--especially our service 
members and our children--the services and advocacy available under 
these critical programs. I urge my colleagues to act quickly on this 
important reauthorization and enact this bipartisan bill as soon as 
possible.
                                 ______
                                 
      By Mr. OBAMA (for himself, Mr. Menendez, Mr. Salazar, and Mr. 
        Bingaman):
  S. 795. A bill to assist aliens who have been lawfully admitted in 
becoming citizens of the United States, and for other purposes; to the 
Committee on the Judiciary.
  Mr. OBAMA. Mr. President, I am proud to introduce the Citizenship 
Promotion Act (CPA) of 2007 with my good

[[Page S2804]]

friend Congressman Luis Gutierrez. In the Senate, we are joined by 
Senator Salazar, Senator Menendez, and Senator Bingaman. The CPA will 
encourage the U.S. Citizenship and Immigration Services (USCIS) to 
charge fees for services to legal immigrants that are fair and 
reasonable, and it would remove other potential bureaucratic barriers 
to the pursuit of citizenship.
  Immigration policy remains one of the most contentious and divisive 
issues in our politics. And it is contentious and divisive because our 
policies are full of mixed messages. We must state clearly what our 
immigration policy should achieve--a legal, orderly, and secure 
immigration system that values immigrants, recognizes our right to 
control who enters our country, and promotes the legal pursuit of 
citizenship.
  Most recently, the unanimous declarations of our support for legal 
immigrants has run head on into a USCIS proposal to dramatically 
increase immigration application fees beyond the reach of many working 
class legal immigrants. For a family of four that is working hard and 
legally pursuing the American dream, the new fees could put citizenship 
out of reach for many immigrants. For a family of four, the new fees 
would raise the cost of the application for citizenship by 80 percent 
to more than $2,400 dollars. And the fees for all other services will 
rise as well.
  The Administration argues that people will pay any fee to become 
Americans. For many people, that is true. But for others, the new fee 
will send the message that they need only apply if they can afford it. 
It sends the message that we measure character based on income.
  Our government has never provided services based on what people are 
willing to pay. That is why we are introducing the Citizenship 
Promotion Act to ensure that immigration application fees are both 
reasonable and fair and that the citizenship process itself respects 
the individuality of each applicant.
  For immigrants who choose to come to America and pursue citizenship, 
there are numerous barriers. First, family, friends, and community are 
left behind. The new communities they enter come with the challenge of 
a new language, different social norms, and sometimes discrimination. 
And yet, every year, thousands of immigrants fully embrace the values 
and ideals that make us all Americans and unite us in our common 
pursuit of a better, more democratic society.
  The dues we charge legal immigrants for joining the American family, 
from application fees to naturalization tests to background checks are 
all necessary, but should not eliminate people on the basis of income, 
age, or ethnicity. Excessive fees, testing that asks trivial questions 
or is administered without consideration for the applicant's 
circumstances, and background checks that take years to complete tell 
us more about ourselves than they do about those wishing to enter.

  We believe that there are ways to help cushion the blow to immigrants 
from increased costs without hurting the agency. The CPA would make it 
clear to the USCIS that application fees do not need to fund all direct 
and indirect costs. We would maintain fees at their current levels and 
require that before raising fees any further, the agency report to 
Congress on its direct and indirect costs and how much in 
appropriations it would need to establish reasonable and fair fees.
  In addition to ensuring that fees are fair, we want to make sure that 
other aspects of pursuing citizenship are fair as well. Our bill 
requires that citizenship tests be administered with consideration for 
the applicant, that the agency work with the FBI to move background 
checks through the process more quickly, and that any new application 
procedure make it possible for people without Internet access to 
continue submitting their applications on paper. The bill also creates 
a new grant program to give community based organizations the resources 
necessary to prepare and equip immigrants to become citizens.
  Let's stop sending mixed messages. Let's work together and set 
immigration fees at a level that are fair and consistent with our 
commitment to being an open, democratic, and egalitarian society.
                                 ______
                                 
      By Mr. CARDIN (for himself, Ms. Mikulski, Mr. Warner, and Mr. 
        Webb):
  S. 797. A bill to amend the National Trails System Act to designate 
the Star-Spangled Banner Trail in the States of Maryland and Virginia 
and the District of Columbia as a National Historic Trail; to the 
Committee on Energy and Natural Resources.
                                 ______
                                 
      By Mr. CARDIN (for himself, Ms. Mikulski, Mr. Warner, Mr. Webb, 
        Mr. Levin, and Mrs. Clinton):
  S. 798. A bill to establish the Star-Spangled Banner and War of 1812 
Bicentennial Commission, and for other purposes; to the Committee on 
the Judiciary.
  Mr. CARDIN. Mr. President, in just five years, our Nation will 
observe the bicentennial of a defining moment in our Nation's history--
the war of 1812. Sometimes referred to as America's ``Second War of 
Independence,'' the War of 1812 played a critical role in shaping our 
national heritage and identity. To ensure that this anniversary will be 
commemorated properly and in a timely manner, I am today re-introducing 
legislation to establish the Star Spangled Banner National Historic 
Trail and the Star-Spangled Banner and War of 1812 Bicentennial 
Commission. Joining me in co-sponsoring one or more of these measures 
are my colleagues Senators Mikulski, Warner, Webb, Levin, and Clinton. 
I spoke during the 109th Congress about the significance of the War of 
1812, its impact on our Nation's history and culture and the rationale 
for these two measures. I want to highlight some of those principal 
points today.
  The United States declared war on Britain in June 1812, after 
enduring years of naval blockades, trade restrictions with the European 
continent, and seizure of American ships and sailors in the ongoing war 
between Britain and France. With only a small army and practically no 
navy, our young Nation was ill-prepared to face Britain--then the 
world's preeminent naval power. By the summer of 1814 defeat seemed 
certain, with the British combined land and sea invasion of the 
Chesapeake region and the burning of the Capitol, the White House and 
much of the federal city. But in their attack on Baltimore, the British 
met stiff resistance. American patriots successfully defended Fort 
McHenry and the British invasion was repelled. It was during this 
battle that Francis Scott Key witnessed our flag flying intact, despite 
the continuous bombardment, and wrote the words which were to become 
our National Anthem. Today, many historians see the War of 1812 as the 
definitive end of the American Revolution--a war which preserved and 
strengthened our democracy, brought America to the international stage, 
and helped forge our national identity through the symbols of the 
National Anthem and the Star Spangled Banner.
  To commemorate the historic events associated with the War of 1812, 
eight years ago I joined with my predecessor, Senator Paul Sarbanes, in 
sponsoring legislation directing the National Park Service to conduct a 
study of the feasibility and desirability of designating the routes 
used by the British and Americans during the Chesapeake Campaign of the 
War of 1812 as a National Historic Trail. That study was completed in 
March 2004 and recommended that the proposed Star Spangled Banner 
National Historic Trail ``. . . be established by the Congress as a 
national historic trail with commemorative recreation and driving 
routes and water trails.'' The study found that the proposed series of 
land and water trails fully meet the eligibility criteria for 
designation as a National Historic Trail--they retain historic 
integrity, are nationally significant, and have significant potential 
for public recreational use and historic interpretation. The study 
recommended that the trail be managed through a partnership between the 
National Park Service, a trail organization and state and local 
authorities and concluded that the costs of implementing the proposed 
trail would be minimal. The study also recommended that the Congress''. 
. . establish a War of 1812 Bicentennial Commission to coordinate the 
200th anniversary of the War of 1812.''
  The two pieces of legislation I am reintroducing today would 
implement

[[Page S2805]]

these two recommendations of the National Park Service. The first 
measure would authorize the establishment of the Star Spangled Banner 
National Historic Trail, an approximately 290-mile series of land and 
water trails tracing the story of the only combined naval and land 
attack on the United States and the events leading up to the writing of 
the Star Spangled Banner. Sites along the National Historic Trail would 
mark some of the most important events of the War of 1812 including 
battles between the British Navy and the American Chesapeake Flotilla 
in St. Leonard's Creek in Calvert County; the British landing at 
Benedict; the Battle of Bladensburg; the burning of the Nation's 
Capitol, White House and Washington Navy Yard; the British naval feints 
up the Potomac River to Alexandria and on the upper Chesapeake Bay; the 
Battle of North Point; and the successful American defense of Fort 
McHenry on September 14, 1814, which inspired the poem that became our 
National Anthem. The second measure would authorize the establishment 
of a ``Star Spangled Banner and War of 1812 Bicentennial Commission'' 
to plan, coordinate and facilitate programs and other efforts to 
commemorate the historic events associated with the War of 1812. Made 
up, in part, by citizens from the thirty states involved in the War, 
the Commission is tasked with planning, encouraging, developing, 
executing and coordinating programs to ensure a suitable national 
observance of the War of 1812. Both these measures were approved by the 
full Senate during the 109th Congress, but unfortunately were not acted 
upon by the House Committees of jurisdiction.
  With the bicentennial of the War of 1812 quickly approaching, it is 
vital that the Congress move swiftly to approve these measures and 
enable the proper commemoration of this important period in our 
nation's history. The legislation will help provide Americans and 
visitors alike with a better understanding and appreciation of our 
heritage.
  I ask unanimous consent that the text of the two measures I am 
introducing be printed in the Record.
  There being no objection, the texts of the bills were ordered to be 
printed in the Record, as follows:

                                 S. 797

       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 ``Star-Spangled Banner 
     National Historic Trail Act''.

     SEC. 2. AUTHORIZATION AND ADMINISTRATION OF TRAIL.

       Section 5(a) of the National Trails System Act (16 U.S.C. 
     1244(a)) is amended by adding at the end the following:
       ``(26) Star-spangled banner national historic trail.--
       ``(A) In general.--The Star-Spangled Banner National 
     Historic Trail, a trail consisting of water and overland 
     routes totaling approximately 290 miles extending from 
     southern Maryland through the District of Columbia and 
     Virginia, and north to Baltimore, Maryland, commemorating the 
     Chesapeake Campaign of the War of 1812 (including the British 
     invasion of Washington, District of Columbia, and its 
     associated feints and the Battle of Baltimore in summer 
     1814), as generally depicted on the maps contained in the 
     report entitled `Star-Spangled Banner National Historic Trail 
     Feasibility Study and Environmental Impact Statement', and 
     dated March 2004.
       ``(B) Map.--A map generally depicting the trail shall be 
     maintained on file and available for public inspection in the 
     appropriate offices of the National Park Service.
       ``(C) Administration.--Subject to subparagraph (E)(ii), the 
     trail shall be administered by the Secretary of the Interior.
       ``(D) Land acquisition.--No land or interest in land 
     outside the exterior boundaries of any federally administered 
     area may be acquired by the United States for the trail 
     except with the consent of the owner of the land or interest 
     in land.
       ``(E) Public participation.--The Secretary of the Interior 
     shall--
       ``(i) encourage communities, owners of land along the 
     trail, and volunteer trail groups to participate in the 
     planning, development, and maintenance of the trail; and
       ``(ii) consult with other affected landowners and Federal, 
     State, and local agencies in the administration of the trail.
       ``(F) Interpretation and assistance.--Subject to the 
     availability of appropriations, the Secretary of the Interior 
     may provide to State and local governments and nonprofit 
     organizations interpretive programs and services and, through 
     Fort McHenry National Monument and Shrine, technical 
     assistance, for use in carrying out preservation and 
     development of, and education relating to the War of 1812 
     along, the trail.''.

                                 S. 798

       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 ``Star-Spangled Banner and War 
     of 1812 Bicentennial Commission Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the War of 1812 served as a crucial test for the United 
     States Constitution and the newly established democratic 
     Government;
       (2) vast regions of the new multi-party democracy, 
     including the Chesapeake Bay, the Gulf of Mexico and the 
     Niagara Frontier, were affected by the War of 1812 including 
     the States of Alabama, Connecticut, Delaware, Florida, 
     Georgia, Iowa, Illinois, Indiana, Kentucky, Louisiana, 
     Massachusetts, Maryland, Maine, Michigan, Missouri, 
     Mississippi, New Jersey, North Carolina, New Hampshire, New 
     York, Ohio, Oregon, Pennsylvania, Rhode Island, South 
     Carolina, Tennessee, Virginia, Vermont, Wisconsin, West 
     Virginia, and the District of Columbia;
       (3) the British occupation of American territory along the 
     Great Lakes and in other regions, the burning of Washington, 
     D.C., the American victories at Fort McHenry, New Orleans, 
     and Plattsburgh, among other battles, had far reaching 
     effects on American society;
       (4) at the Battle of Baltimore, Francis Scott Key wrote the 
     poem that celebrated the flag and later was titled ``the 
     Star-Spangled Banner'';
       (5) the poem led to the establishment of the flag as an 
     American icon and became the words of the national anthem of 
     the United States in 1932; and
       (6) it is in the national interest to provide for 
     appropriate commemorative activities to maximize public 
     understanding of the meaning of the War of 1812 in the 
     history of the United States.
       (b) Purposes.--The purposes of this Act are to--
       (1) establish the Star-Spangled Banner and War of 1812 
     Commemoration Commission;
       (2) ensure a suitable national observance of the War of 
     1812 by complementing, cooperating with, and providing 
     assistance to the programs and activities of the various 
     States involved in the commemoration;
       (3) encourage War of 1812 observances that provide an 
     excellent visitor experience and beneficial interaction 
     between visitors and the natural and cultural resources of 
     the various War of 1812 sites;
       (4) facilitate international involvement in the War of 1812 
     observances;
       (5) support and facilitate marketing efforts for a 
     commemorative coin, stamp, and related activities for the War 
     of 1812 observances; and
       (6) promote the protection of War of 1812 resources and 
     assist in the appropriate development of heritage tourism and 
     economic benefits to the United States.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Commemoration.--The term ``commemoration'' means the 
     commemoration of the War of 1812.
       (2) Commission.--The term ``Commission'' means the Star-
     Spangled Banner and War of 1812 Bicentennial Commission 
     established in section 4(a).
       (3) Qualified citizen.--The term ``qualified citizen'' 
     means a citizen of the United States with an interest in, 
     support for, and expertise appropriate to the commemoration.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) States.--The term ``States''--
       (A) means the States of Alabama, Kentucky, Indiana, 
     Louisiana, Maryland, Virginia, New York, Maine, Michigan, and 
     Ohio; and
       (B) includes agencies and entities of each State.

     SEC. 4. STAR-SPANGLED BANNER AND WAR OF 1812 COMMEMORATION 
                   COMMISSION.

       (a) In General.--There is established a commission to be 
     known as the ``Star-Spangled Banner and War of 1812 
     Bicentennial Commission''.
       (b) Membership.--
       (1) In general.--The Commission shall be composed of 21 
     members, of whom--
       (A) 3 members shall be qualified citizens appointed by the 
     Secretary after consideration of nominations submitted by the 
     Governors of Maryland, Louisiana, and Virginia;
       (B) 7 members shall be qualified citizens appointed by the 
     Secretary after consideration of nominations submitted by the 
     Governors of Alabama, Kentucky, Indiana, New York, Maine, 
     Michigan and Ohio;
       (C) 3 members shall be qualified citizens appointed by the 
     Secretary after consideration of nominations submitted by the 
     Mayors of the District of Columbia, the City of Baltimore, 
     and the City of New Orleans;
       (D) 2 members shall be employees of the National Park 
     Service, of whom--
       (i) 1 shall be the Director of the National Park Service 
     (or a designee); and
       (ii) 1 shall be an employee of the National Park Service 
     having experience relevant to the commemoration;
       (E) 4 members shall be qualified citizens appointed by the 
     Secretary with consideration of recommendations--
       (i) 1 of which are submitted by the majority leader of the 
     Senate;
       (ii) 1 of which are submitted by the minority leader of the 
     Senate;

[[Page S2806]]

       (iii) 1 of which are submitted by the majority leader of 
     the House of Representatives;
       (iv) 1 of which are submitted by the minority leader of the 
     House of Representatives; and
       (F) 2 members shall be appointed by the Secretary from 
     among individuals with expertise in the history of the War of 
     1812.
       (2) Date of appointments.--The appointment of a member of 
     the Commission shall be made not later than 120 days after 
     the date of enactment of this Act.
       (c) Term; Vacancies.--
       (1) Term.--A member shall be appointed for the life of the 
     Commission.
       (2) Vacancies.--A vacancy on the Commission--
       (A) shall not affect the powers of the Commission; and
       (B) shall be filled in the same manner as the original 
     appointment was made.
       (d) Voting.--
       (1) In general.--The Commission shall act only on an 
     affirmative vote of a majority of the members of the 
     Commission.
       (2) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum.
       (e) Chairperson and Vice Chairperson.--
       (1) Selection.--The Commission shall select a chairperson 
     and a vice chairperson from among the members of the 
     Commission.
       (2) Absence of chairperson.--The vice chairperson shall act 
     as chairperson in the absence of the chairperson.
       (f) Initial Meeting.--Not later than 60 days after the date 
     on which all members of the Commission have been appointed 
     and funds have been provided, the Commission shall hold the 
     initial meeting of the Commission.
       (g) Meetings.--Not less than twice a year, the Commission 
     shall meet at the call of the chairperson or a majority of 
     the members of the Commission.
       (h) Removal.--Any member who fails to attend 3 successive 
     meetings of the Commission or who otherwise fails to 
     participate substantively in the work of the Commission may 
     be removed by the Secretary and the vacancy shall be filled 
     in the same manner as the original appointment was made. 
     Members serve at the discretion of the Secretary.

     SEC. 5. DUTIES.

       (a) In General.--The Commission shall--
       (1) plan, encourage, develop, execute, and coordinate 
     programs, observances, and activities commemorating the 
     historic events that preceded and are associated with the War 
     of 1812;
       (2) facilitate the commemoration throughout the United 
     States and internationally;
       (3) coordinate the activities of the Commission with State 
     commemoration commissions, the National Park Service, the 
     Department of Defense, and other appropriate Federal 
     agencies;
       (4) encourage civic, patriotic, historical, educational, 
     religious, economic, tourism, and other organizations 
     throughout the United States to organize and participate in 
     the commemoration to expand the understanding and 
     appreciation of the significance of the War of 1812;
       (5) provide technical assistance to States, localities, 
     units of the National Park System, and nonprofit 
     organizations to further the commemoration and commemorative 
     events;
       (6) coordinate and facilitate scholarly research on, 
     publication about, and interpretation of the people and 
     events associated with the War of 1812;
       (7) design, develop, and provide for the maintenance of an 
     exhibit that will travel throughout the United States during 
     the commemoration period to interpret events of the War of 
     1812 for the educational benefit of the citizens of the 
     United States;
       (8) ensure that War of 1812 commemorations provide a 
     lasting legacy and long-term public benefit leading to 
     protection of the natural and cultural resources associated 
     with the War of 1812; and
       (9) examine and review essential facilities and 
     infrastructure at War of 1812 sites and identify possible 
     improvements that could be made to enhance and maximize 
     visitor experience at the sites.
       (b) Strategic Plan; Annual Performance Plans.--The 
     Commission shall prepare a strategic plan and annual 
     performance plans for any activity carried out by the 
     Commission under this Act.
       (c) Reports.--
       (1) Annual report.--The Commission shall submit to Congress 
     an annual report that contains a list of each gift, bequest, 
     or devise to the Commission with a value of more than $250, 
     together with the identity of the donor of each gift, 
     bequest, or devise.
       (2) Final report.--Not later than September 30, 2015, the 
     Commission shall submit to the Secretary and Congress a final 
     report that includes--
       (A) a summary of the activities of the Commission;
       (B) a final accounting of any funds received or expended by 
     the Commission; and
       (C) the final disposition of any historically significant 
     items acquired by the Commission and other properties not 
     previously reported.

     SEC. 6. POWERS.

       (a) In General.--The Commission may--
       (1) solicit, accept, use, and dispose of gifts or donations 
     of money, services, and real and personal property related to 
     the commemoration in accordance with Department of the 
     Interior and National Park Service written standards for 
     accepting gifts from outside sources;
       (2) appoint such advisory committees as the Commission 
     determines to be necessary to carry out this Act;
       (3) authorize any member or employee of the Commission to 
     take any action the Commission is authorized to take under 
     this Act;
       (4) use the United States mails in the same manner and 
     under the same conditions as other agencies of the Federal 
     Government; and
       (5) make grants to communities, nonprofit, commemorative 
     commissions or organizations, and research and scholarly 
     organizations to develop programs and products to assist in 
     researching, publishing, marketing, and distributing 
     information relating to the commemoration.
       (b) Legal Agreements.--
       (1) In general.--In carrying out this Act, the Commission 
     may--
       (A) procure supplies, services, and property; and
       (B) make or enter into contracts, leases, or other legal 
     agreements.
       (2) Length.--Any contract, lease, or other legal agreement 
     made or entered into by the Commission shall not extend 
     beyond the date of termination of the Commission.
       (c) Information From Federal Agencies.--
       (1) In general.--The Commission may secure directly from a 
     Federal agency such information as the Commission considers 
     necessary to carry out this Act.
       (2) Provision of information.--On request of the 
     Chairperson of the Commission, the head of the agency shall 
     provide the information to the Commission in accordance with 
     applicable laws.
       (d) FACA Application.--The Federal Advisory Committee Act 
     (5 U.S.C. App.)--
       (1) shall not apply to the Commission; and
       (2) shall apply to advisory committees established under 
     subsection (a)(2).
       (e) No Effect on Authority.--Nothing in this Act supersedes 
     the authority of the States or the National Park Service 
     concerning the commemoration.

     SEC. 7. PERSONNEL MATTERS.

       (a) Members of the Commission.--
       (1) In general.--Except as provided in subsection 
     (c)(1)(A), a member of the Commission shall serve without 
     compensation.
       (2) Travel expenses.--A member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the 
     Commission.
       (3) Status.--A member of the Commission, who is not 
     otherwise a Federal employee, shall be considered a Federal 
     employee only for purposes of the provisions of law related 
     to ethics, conflicts of interest, corruption, and any other 
     criminal or civil statute or regulation governing the conduct 
     of Federal employees.
       (b) Executive Director and Other Staff.--
       (1) In general.--The Chairperson of the Commission may, 
     without regard to the provisions of title 5, United States 
     Code, governing appointments in the competitive service and 
     termination of employees (including regulations), appoint and 
     terminate an executive director, subject to confirmation by 
     the Commission, and appoint and terminate such other 
     additional personnel as are necessary to enable the 
     Commission to perform the duties of the Commission.
       (2) Status.--The Executive Director and other staff 
     appointed under this subsection shall be considered Federal 
     employees under section 2105 of title 5, United States Code, 
     notwithstanding the requirements of such section.
       (3) Confirmation of executive director.--The employment of 
     an executive director shall be subject to confirmation by the 
     Commission.
       (4) Compensation.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Chairperson of the Commission may fix the compensation of 
     the executive director and other personnel without regard to 
     the provisions of chapter 51 and subchapter III of chapter 53 
     of title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates.
       (B) Maximum rate of pay.--The rate of basic pay for the 
     executive director and other personnel shall not exceed the 
     rate payable for level V of the Executive Schedule under 
     section 5316 of title 5, United States Code.
       (c) Government Employees.--
       (1) Federal employees.--
       (A) Service on commission.--A member of the Commission who 
     is an officer or employee of the Federal Government shall 
     serve without compensation in addition to the compensation 
     received for the services of the member as an officer or 
     employee of the Federal Government.
       (B) Detail.--At the request of the Commission, the head of 
     any Federal agency may detail, on a reimbursable or 
     nonreimbursable basis, any of the personnel of the agency to 
     the Commission to assist the Commission in carrying out the 
     duties of the Commission under this Act.
       (C) Civil service status.--Notwithstanding any other 
     provisions in this section, Federal employees who serve on 
     the Commission, are detailed to the Commission, or otherwise 
     provide services under the Act,

[[Page S2807]]

     shall continue to be Federal employees for the purpose of any 
     law specific to Federal employees, without interruption or 
     loss of civil service status or privilege.
       (2) State employees.--The Commission may--
       (A) accept the services of personnel detailed from States 
     (including subdivisions of States) under subchapter VI of 
     chapter 33 of title 5, United States Code; and
       (B) reimburse States for services of detailed personnel.
       (d) Members of Advisory Committees.--Members of advisory 
     committees appointed under section 6(a)(2)--
       (1) shall not be considered employees of the Federal 
     Government by reason of service on the committees for the 
     purpose of any law specific to Federal employees, except for 
     the purposes of chapter 11 of title 18, United States Code, 
     relating to conflicts of interest; and
       (2) may be paid travel expenses, including per diem in lieu 
     of subsistence, at rates authorized for an employee of an 
     agency under subchapter I of chapter 57 of title 5, United 
     States Code, while away from the home or regular place of 
     business of the member in the performance of the duties of 
     the committee.
       (e) Volunteer and Uncompensated Services.--Notwithstanding 
     section 1342 of title 31, United States Code, the Commission 
     may accept and use such voluntary and uncompensated services 
     as the Commission determines necessary.
       (f) Support Services.--The Director of the National Park 
     Service shall provide to the Commission, on a reimbursable 
     basis, such administrative support services as the Commission 
     may request.
       (g) Procurement of Temporary and Intermittent Services.--
     The Chairperson of the Commission may employ experts and 
     consultants on a temporary or intermittent basis in 
     accordance with section 3109(b) of title 5, United States 
     Code, at rates for individuals that do not exceed the daily 
     equivalent of the annual rate of basic pay prescribed for 
     level V of the Executive Schedule under section 5316 of that 
     title. Such personnel shall be considered Federal employees 
     under section 2105 of title 5, United States Code, 
     notwithstanding the requirements of such section.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this Act such sums as are necessary for each of 
     fiscal years 2008 through 2015.
       (b) Availability of Funds.--Amounts appropriated under this 
     section for any fiscal year shall remain available until 
     December 31, 2015.

     SEC. 9. TERMINATION OF COMMISSION.

       (a) In General.--The Commission shall terminate on December 
     31, 2015.
       (b) Transfer of Materials.--Not later than the date of 
     termination, the Commission shall transfer any documents, 
     materials, books, manuscripts, miscellaneous printed matter, 
     memorabilia, relics, exhibits, and any materials donated to 
     the Commission that relate to the War of 1812, to Fort 
     McHenry National Monument and Historic Shrine.
       (c) Disposition of Funds.--Any funds held by the Commission 
     on the date of termination shall be deposited in the general 
     fund of the Treasury.
                                 ______
                                 
      By Mr. HARKIN (for himself, Mr. Specter, Mr. Kennedy, Mr. Inouye, 
        Mr. Salazar, Mr. Biden, Mr. Lieberman, Mrs. Clinton, Mr. 
        Schumer, and Mr. Dodd):
  S. 799. A bill to amend title XIX of the Social Security Act to 
provide individuals with disabilities and older Americans with equal 
access to community-based attendant services and supports, and for 
other purposes, to the Committee on Finance.
  Mr. HARKIN. Mr. President, today, Senator Specter and I, and others 
introduce the Community Choice Act. This legislation is needed to truly 
bring people with disabilities into the mainstream of society and 
provide equal opportunity for employment and community activities.
  In order to work or live in their own homes, Americans with 
disabilities and older Americans need access to community-based 
services and supports. Unfortunately, under current Medicaid policy, 
the deck is stacked in favor of living in an institutional setting. 
Federal law requires that States cover nursing home care in their 
Medicaid programs, but there is no similar requirement for attendant 
services. The purpose of our bill is to level the playing field, and to 
give eligible individuals equal access to the community- based services 
and supports that they need.
  Although some States have already recognized the benefits of home and 
community-based services, they are unevenly distributed and only reach 
a small percentage of eligible individuals. Some States are now 
providing the personal care optional benefit through their Medicaid 
program, but others do not.
  Those left behind are often needlessly institutionalized because they 
cannot access community alternatives. The civil right of a person with 
a disability to be integrated into their own community should not 
depend on their address. In Olmstead v. L.C., the Supreme Court 
recognized that needless institutionalization is a form of 
discrimination under the Americans with Disabilities Act. We in 
Congress have a responsibility to help States meet their obligations 
under Olmstead.
  The Community Choice Act is designed to do just that, and to make the 
promise of the ADA a reality. It will help rebalance the current 
Medicaid long term care system, which spends a disproportionate amount 
on institutional services. Today, almost two-thirds of Medicaid long 
term care dollars are spent on institutional services, with only one-
third going to community-based care.
  This current imbalance means that individuals do not have equal 
access to community-based care throughout this country. An individual 
should not have to move to another State in order to avoid needless 
segregation. Nor should they have to move away from family and friends 
because their own choice is an institution.
  Federal Medicaid policy should reflect the goals of the ADA that 
Americans with disabilities should have equal opportunity, and the 
right to fully participate in their communities. No one should have to 
sacrifice their ability to participate because they need help getting 
out of the house in the morning or assistance with personal care or 
some other basic service.
  We have made some progress to date, as CMS has started to award Money 
Follows the Person demonstration grants. But that is only a start. 
Together, that initiative and the Community Choice Act could 
substantially reform long term services in this country. With 
appropriate community-based services and supports, we can transform the 
lives of people with disabilities. They can live with family and 
friends, not strangers. They can be the neighbor down the street, not 
the person warehoused down the hall. This is not asking too much. This 
is the bare minimum that we should demand for every human being.
  Community based services and supports allow people with disabilities 
to lead independent lives, have jobs, and participate in the community. 
Some will become taxpayers, some will get an education, and some will 
participate in recreational and civic activities. But all will 
experience a chance to make their own choices and to govern their own 
lives.
  The Community Choice Act will open the door to full participation by 
people with disabilities in our workplaces, our economy, and our 
American Dream and I urge all my colleagues to support us on this 
issue. I want to thank Senator Specter for his leadership on this issue 
and his commitment to improving access to home and community-based 
services for people with disabilities. I would also like to thank 
Senators Kennedy, Inouye, Salazar, Biden, Lieberman, Clinton, Schumer, 
and Dodd for joining me in this important initiative.
  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. 799

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Community 
     Choice Act of 2007''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.

            TITLE I--ESTABLISHMENT OF MEDICAID PLAN BENEFIT

Sec. 101. Coverage of community-based attendant services and supports 
              under the Medicaid program.
Sec. 102. Enhanced FMAP for ongoing activities of early coverage States 
              that enhance and promote the use of community-based 
              attendant services and supports.
Sec. 103. Increased Federal financial participation for certain 
              expenditures.

      TITLE II--PROMOTION OF SYSTEMS CHANGE AND CAPACITY BUILDING

Sec. 201. Grants to promote systems change and capacity building.

[[Page S2808]]

Sec. 202. Demonstration project to enhance coordination of care under 
              the Medicare and Medicaid programs for dual eligible 
              individuals.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) Long-term services and supports provided under the 
     Medicaid program established under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.) must meet the ability 
     and life choices of individuals with disabilities and older 
     Americans, including the choice to live in one's own home or 
     with one's own family and to become a productive member of 
     the community.
       (2) Research on the provision of long-term services and 
     supports under the Medicaid program (conducted by and on 
     behalf of the Department of Health and Human Services) has 
     revealed a significant funding and programmatic bias toward 
     institutional care. Only about 37 percent of long-term care 
     funds expended under the Medicaid program, and only about 
     12.5 percent of all funds expended under that program, pay 
     for services and supports in home and community-based 
     settings.
       (3) In the case of Medicaid beneficiaries who need long-
     term care, the only long-term care service currently 
     guaranteed by Federal law in every State are services related 
     to nursing home care. Only 30 States have adopted the benefit 
     option of providing personal care services under the Medicaid 
     program. Although every State has chosen to provide certain 
     services under home and community-based waivers, these 
     services are unevenly available within and across States, and 
     reach a small percentage of eligible individuals. In fiscal 
     year 2003, only 7 States spent 50 percent or more of their 
     Medicaid long-term care funds under the Medicaid program on 
     home and community-based care. Individuals with the most 
     significant disabilities are usually afforded the least 
     amount of choice, despite advances in medical and assistive 
     technologies and related areas.
       (4) Despite the more limited funding for community 
     services, the majority of individuals who use Medicaid long-
     term services and supports are in the community, indicating 
     that community services is a more cost effective alternative 
     to institutional care.
       (5) The goals of the Nation properly include providing 
     families of children with disabilities, working-age adults 
     with disabilities, and older Americans with--
       (A) a meaningful choice of receiving long-term services and 
     supports in the most integrated setting appropriate to the 
     individual's needs;
       (B) the greatest possible control over the services 
     received and, therefore, their own lives and futures; and
       (C) quality services that maximize independence in the home 
     and community, including in the workplace.
       (b) Purposes.--The purposes of this Act are the following:
       (1) To reform the Medicaid program established under title 
     XIX of the Social Security Act (42 U.S.C. 1396 et seq.) to 
     provide services in the most integrated setting appropriate 
     to the individual's needs, and to provide equal access to 
     community-based attendant services and supports in order to 
     assist individuals in achieving equal opportunity, full 
     participation, independent living, and economic self-
     sufficiency.
       (2) To provide financial assistance to States as they 
     reform their long-term care systems to provide comprehensive 
     statewide long-term services and supports, including 
     community-based attendant services and supports that provide 
     consumer choice and direction, in the most integrated setting 
     appropriate.
       (3) To assist States in meeting the growing demand for 
     community-based attendant services and supports, as the 
     Nation's population ages and individuals with disabilities 
     live longer.
       (4) To assist States in addressing the decision of the 
     Supreme Court in Olmstead v. L.C., (527 U.S. 581 (1999)) and 
     implementing the integration mandate of the Americans with 
     Disabilities Act.

            TITLE I--ESTABLISHMENT OF MEDICAID PLAN BENEFIT

     SEC. 101. COVERAGE OF COMMUNITY-BASED ATTENDANT SERVICES AND 
                   SUPPORTS UNDER THE MEDICAID PROGRAM.

       (a) Mandatory Coverage.--Section 1902(a)(10)(D) of the 
     Social Security Act (42 U.S.C. 1396a(a)(10)(D)) is amended--
       (1) by inserting ``(i)'' after ``(D)'';
       (2) by adding ``and'' after the semicolon; and
       (3) by adding at the end the following new clause:
       ``(ii) subject to section 1939, for the inclusion of 
     community-based attendant services and supports for any 
     individual who--

       ``(I) is eligible for medical assistance under the State 
     plan;
       ``(II) with respect to whom there has been a determination 
     that the individual requires the level of care provided in a 
     nursing facility, institution for mental diseases, or an 
     intermediate care facility for the mentally retarded (whether 
     or not coverage of such institution or intermediate care 
     facility is provided under the State plan); and
       ``(III) chooses to receive such services and supports;''.

       (b) Community-Based Attendant Services and Supports.--
       (1) In general.--Title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) is amended--
       (A) by redesignating section 1939 as section 1940; and
       (B) by inserting after section 1938 the following:


           ``COMMUNITY-BASED ATTENDANT SERVICES AND SUPPORTS

       ``Sec. 1939.  (a) Required Coverage.--
       ``(1) In general.--Not later than October 1, 2012, a State 
     shall provide through a plan amendment for the inclusion of 
     community-based attendant services and supports (as defined 
     in subsection (g)(1)) for individuals described in section 
     1902(a)(10)(D)(ii) in accordance with this section.
       ``(2) Enhanced fmap and additional federal financial 
     support for earlier coverage.--Notwithstanding section 
     1905(b), during the period that begins on October 1, 2007, 
     and ends on September 30, 2012, in the case of a State with 
     an approved plan amendment under this section during that 
     period that also satisfies the requirements of subsection (c) 
     the Federal medical assistance percentage shall be equal to 
     the enhanced FMAP described in section 2105(b) with respect 
     to medical assistance in the form of community-based 
     attendant services and supports provided to individuals 
     described in section 1902(a)(10)(D)(ii) in accordance with 
     this section on or after the date of the approval of such 
     plan amendment.
       ``(b) Development and Implementation of Benefit.--In order 
     for a State plan amendment to be approved under this section, 
     a State shall provide the Secretary with the following 
     assurances:
       ``(1) Assurance of development and implementation 
     collaboration.--
       ``(A) In general.--That State plan amendment--
       ``(i) has been developed in collaboration with, and with 
     the approval of, a Development and Implementation Council 
     established by the State that satisfies the requirements of 
     subparagraph (B); and
       ``(ii) will be implemented in collaboration with such 
     Council and on the basis of public input solicited by the 
     State and the Council.
       ``(B) Development and implementation council 
     requirements.--For purposes of subparagraph (A), the 
     requirements of this subparagraph are that--
       ``(i) the majority of the members of the Development and 
     Implementation Council are individuals with disabilities, 
     elderly individuals, and their representatives; and
       ``(ii) in carrying out its responsibilities, the Council 
     actively collaborates with--

       ``(I) individuals with disabilities;
       ``(II) elderly individuals;
       ``(III) representatives of such individuals; and
       ``(IV) providers of, and advocates for, services and 
     supports for such individuals.

       ``(2) Assurance of provision on a statewide basis and in 
     most integrated setting.--That consumer controlled community-
     based attendant services and supports will be provided under 
     the State plan to individuals described in section 
     1902(a)(10)(D)(ii) on a statewide basis and in a manner that 
     provides such services and supports in the most integrated 
     setting appropriate to the individual's needs.
       ``(3) Assurance of nondiscrimination.--That the State will 
     provide community-based attendant services and supports to an 
     individual described in section 1902(a)(10)(D)(ii) without 
     regard to the individual's age, type or nature of disability, 
     severity of disability, or the form of community-based 
     attendant services and supports that the individual requires 
     in order to lead an independent life.
       ``(4) Assurance of maintenance of effort.--That the level 
     of State expenditures for medical assistance that is provided 
     under section 1905(a), section 1915, section 1115, or 
     otherwise to individuals with disabilities or elderly 
     individuals for a fiscal year shall not be less than the 
     level of such expenditures for the fiscal year preceding the 
     first full fiscal year in which the State plan amendment to 
     provide community-based attendant services and supports in 
     accordance with this section is implemented.
       ``(c) Requirements for Enhanced FMAP for Early Coverage.--
     In addition to satisfying the other requirements for an 
     approved plan amendment under this section, in order for a 
     State to be eligible under subsection (a)(2) during the 
     period described in that subsection for the enhanced FMAP for 
     early coverage under subsection (a)(2), the State shall 
     satisfy the following requirements:
       ``(1) Specifications.--With respect to a fiscal year, the 
     State shall provide the Secretary with the following 
     specifications regarding the provision of community-based 
     attendant services and supports under the plan for that 
     fiscal year:
       ``(A)(i) The number of individuals who are estimated to 
     receive community-based attendant services and supports under 
     the plan during the fiscal year.
       ``(ii) The number of individuals that received such 
     services and supports during the preceding fiscal year.
       ``(B) The maximum number of individuals who will receive 
     such services and supports under the plan during that fiscal 
     year.
       ``(C) The procedures the State will implement to ensure 
     that the models for delivery of such services and supports 
     are consumer controlled (as defined in subsection (g)(2)(B)).
       ``(D) The procedures the State will implement to inform all 
     potentially eligible individuals and relevant other 
     individuals of the availability of such services and supports

[[Page S2809]]

     under this title, and of other items and services that may be 
     provided to the individual under this title or title XVIII 
     and other Federal or State long-term service and support 
     programs.
       ``(E) The procedures the State will implement to ensure 
     that such services and supports are provided in accordance 
     with the requirements of subsection (b)(1).
       ``(F) The procedures the State will implement to actively 
     involve in a systematic, comprehensive, and ongoing basis, 
     the Development and Implementation Council established in 
     accordance with subsection (b)(1)(A)(ii), individuals with 
     disabilities, elderly individuals, and representatives of 
     such individuals in the design, delivery, administration, 
     implementation, and evaluation of the provision of such 
     services and supports under this title.
       ``(2) Participation in evaluations.--The State shall 
     provide the Secretary with such substantive input into, and 
     participation in, the design and conduct of data collection, 
     analyses, and other qualitative or quantitative evaluations 
     of the provision of community-based attendant services and 
     supports under this section as the Secretary deems necessary 
     in order to determine the effectiveness of the provision of 
     such services and supports in allowing the individuals 
     receiving such services and supports to lead an independent 
     life to the maximum extent possible.
       ``(d) Quality Assurance.--
       ``(1) State responsibilities.--In order for a State plan 
     amendment to be approved under this section, a State shall 
     establish and maintain a comprehensive, continuous quality 
     assurance system with respect to community-based attendant 
     services and supports that provides for the following:
       ``(A) The State shall establish requirements, as 
     appropriate, for agency-based and other delivery models that 
     include--
       ``(i) minimum qualifications and training requirements for 
     agency-based and other models;
       ``(ii) financial operating standards; and
       ``(iii) an appeals procedure for eligibility denials and a 
     procedure for resolving disagreements over the terms of an 
     individualized plan.
       ``(B) The State shall modify the quality assurance system, 
     as appropriate, to maximize consumer independence and 
     consumer control in both agency-provided and other delivery 
     models.
       ``(C) The State shall provide a system that allows for the 
     external monitoring of the quality of services and supports 
     by entities consisting of consumers and their 
     representatives, disability organizations, providers, 
     families of disabled or elderly individuals, members of the 
     community, and others.
       ``(D) The State shall provide for ongoing monitoring of the 
     health and well-being of each individual who receives 
     community-based attendant services and supports.
       ``(E) The State shall require that quality assurance 
     mechanisms pertaining to the individual be included in the 
     individual's written plan.
       ``(F) The State shall establish a process for the mandatory 
     reporting, investigation, and resolution of allegations of 
     neglect, abuse, or exploitation in connection with the 
     provision of such services and supports.
       ``(G) The State shall obtain meaningful consumer input, 
     including consumer surveys, that measure the extent to which 
     an individual receives the services and supports described in 
     the individual's plan and the individual's satisfaction with 
     such services and supports.
       ``(H) The State shall make available to the public the 
     findings of the quality assurance system.
       ``(I) The State shall establish an ongoing public process 
     for the development, implementation, and review of the 
     State's quality assurance system.
       ``(J) The State shall develop and implement a program of 
     sanctions for providers of community-based services and 
     supports that violate the terms or conditions for the 
     provision of such services and supports.
       ``(2) Federal responsibilities.--
       ``(A) Periodic evaluations.--The Secretary shall conduct a 
     periodic sample review of outcomes for individuals who 
     receive community-based attendant services and supports under 
     this title.
       ``(B) Investigations.--The Secretary may conduct targeted 
     reviews and investigations upon receipt of an allegation of 
     neglect, abuse, or exploitation of an individual receiving 
     community-based attendant services and supports under this 
     section.
       ``(C) Development of provider sanction guidelines.--The 
     Secretary shall develop guidelines for States to use in 
     developing the sanctions required under paragraph (1)(J).
       ``(e) Reports.--The Secretary shall submit to Congress 
     periodic reports on the provision of community-based 
     attendant services and supports under this section, 
     particularly with respect to the impact of the provision of 
     such services and supports on--
       ``(1) individuals eligible for medical assistance under 
     this title;
       ``(2) States; and
       ``(3) the Federal Government.
       ``(f) No Effect on Ability to Provide Coverage.--
       ``(1) In general.--Nothing in this section shall be 
     construed as affecting the ability of a State to provide 
     coverage under the State plan for community-based attendant 
     services and supports (or similar coverage) under section 
     1905(a), section 1915, section 1115, or otherwise.
       ``(2) Eligibility for enhanced match.--In the case of a 
     State that provides coverage for such services and supports 
     under a waiver, the State shall not be eligible under 
     subsection (a)(2) for the enhanced FMAP for the early 
     provision of such coverage unless the State submits a plan 
     amendment to the Secretary that meets the requirements of 
     this section and demonstrates that the State is able to fully 
     comply with and implement the requirements of this section.
       ``(g) Definitions.--In this title:
       ``(1) Community-based attendant services and supports.--
       ``(A) In general.--The term `community-based attendant 
     services and supports' means attendant services and supports 
     furnished to an individual, as needed, to assist in 
     accomplishing activities of daily living, instrumental 
     activities of daily living, and health-related tasks through 
     hands-on assistance, supervision, or cueing--
       ``(i) under a plan of services and supports that is based 
     on an assessment of functional need and that is agreed to in 
     writing by the individual or, as appropriate, the 
     individual's representative;
       ``(ii) in a home or community setting, which shall include 
     but not be limited to a school, workplace, or recreation or 
     religious facility, but does not include a nursing facility, 
     institution for mental diseases, or an intermediate care 
     facility for the mentally retarded;
       ``(iii) under an agency-provider model or other model (as 
     defined in paragraph (2)(C));
       ``(iv) the furnishing of which--

       ``(I) is selected, managed, and dismissed by the 
     individual, or, as appropriate, with assistance from the 
     individual's representative; and
       ``(II) provided by an individual who is qualified to 
     provide such services, including family members (as defined 
     by the Secretary).

       ``(B) Included services and supports.--Such term includes--
       ``(i) tasks necessary to assist an individual in 
     accomplishing activities of daily living, instrumental 
     activities of daily living, and health-related tasks;
       ``(ii) the acquisition, maintenance, and enhancement of 
     skills necessary for the individual to accomplish activities 
     of daily living, instrumental activities of daily living, and 
     health-related tasks;
       ``(iii) backup systems or mechanisms (such as the use of 
     beepers) to ensure continuity of services and supports; and
       ``(iv) voluntary training on how to select, manage, and 
     dismiss attendants.
       ``(C) Excluded services and supports.--Subject to 
     subparagraph (D), such term does not include--
       ``(i) the provision of room and board for the individual;
       ``(ii) special education and related services provided 
     under the Individuals with Disabilities Education Act and 
     vocational rehabilitation services provided under the 
     Rehabilitation Act of 1973;
       ``(iii) assistive technology devices and assistive 
     technology services;
       ``(iv) durable medical equipment; or
       ``(v) home modifications.
       ``(D) Flexibility in transition to community-based home 
     setting.--Such term may include expenditures for transitional 
     costs, such as rent and utility deposits, first month's rent 
     and utilities, bedding, basic kitchen supplies, and other 
     necessities required for an individual to make the transition 
     from a nursing facility, institution for mental diseases, or 
     intermediate care facility for the mentally retarded to a 
     community-based home setting where the individual resides.
       ``(2) Additional definitions.--
       ``(A) Activities of daily living.--The term `activities of 
     daily living' includes eating, toileting, grooming, dressing, 
     bathing, and transferring.
       ``(B) Consumer controlled.--The term `consumer controlled' 
     means a method of selecting and providing services and 
     supports that allow the individual, or where appropriate, the 
     individual's representative, maximum control of the 
     community-based attendant services and supports, regardless 
     of who acts as the employer of record.
       ``(C) Delivery models.--
       ``(i) Agency-provider model.--The term `agency-provider 
     model' means, with respect to the provision of community-
     based attendant services and supports for an individual, 
     subject to clause (iii), a method of providing consumer 
     controlled services and supports under which entities 
     contract for the provision of such services and supports.
       ``(ii) Other models.--The term `other models' means, 
     subject to clause (iii), methods, other than an agency-
     provider model, for the provision of consumer controlled 
     services and supports. Such models may include the provision 
     of vouchers, direct cash payments, or use of a fiscal agent 
     to assist in obtaining services.
       ``(iii) Compliance with certain laws.--A State shall ensure 
     that, regardless of whether the State uses an agency-provider 
     model or other models to provide services and supports under 
     a State plan amendment under this section, such services and 
     supports are provided in accordance with the requirements of 
     the Fair Labor Standards Act of 1938 and applicable Federal 
     and State laws regarding--

       ``(I) withholding and payment of Federal and State income 
     and payroll taxes;
       ``(II) the provision of unemployment and workers 
     compensation insurance;

[[Page S2810]]

       ``(III) maintenance of general liability insurance; and
       ``(IV) occupational health and safety.

       ``(D) Health-related tasks.--The term `health-related 
     tasks' means specific tasks that can be delegated or assigned 
     by licensed health-care professionals under State law to be 
     performed by an attendant.
       ``(E) Instrumental activities of daily living.--The term 
     `instrumental activities of daily living' includes, but is 
     not limited to, meal planning and preparation, managing 
     finances, shopping for food, clothing, and other essential 
     items, performing essential household chores, communicating 
     by phone and other media, and traveling around and 
     participating in the community.
       ``(F) Individuals representative.--The term `individual's 
     representative' means a parent, a family member, a guardian, 
     an advocate, or other authorized representative of an 
     individual.''.
       (c) Conforming Amendments.--
       (1) Mandatory benefit.--Section 1902(a)(10)(A) of the 
     Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended, 
     in the matter preceding clause (i), by striking ``(17) and 
     (21)'' and inserting ``(17), (21), and (28)''.
       (2) Definition of medical assistance.--Section 1905(a) of 
     the Social Security Act (42 U.S.C. 1396d) is amended--
       (A) by striking ``and'' at the end of paragraph (27);
       (B) by redesignating paragraph (28) as paragraph (29); and
       (C) by inserting after paragraph (27) the following:
       ``(28) community-based attendant services and supports (to 
     the extent allowed and as defined in section 1939); and''.
       (3) IMD/ICFMR requirements.--Section 1902(a)(10)(C)(iv) of 
     the Social Security Act (42 U.S.C. 1396a(a)(10)(C)(iv)) is 
     amended by inserting ``and (28)'' after ``(24)''.
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section (other than the amendment 
     made by subsection (c)(1)) take effect on October 1, 2007, 
     and apply to medical assistance provided for community-based 
     attendant services and supports described in section 1939 of 
     the Social Security Act furnished on or after that date.
       (2) Mandatory benefit.--The amendment made by subsection 
     (c)(1) takes effect on October 1, 2012.

     SEC. 102. ENHANCED FMAP FOR ONGOING ACTIVITIES OF EARLY 
                   COVERAGE STATES THAT ENHANCE AND PROMOTE THE 
                   USE OF COMMUNITY-BASED ATTENDANT SERVICES AND 
                   SUPPORTS.

       (a) In General.--Section 1939 of the Social Security Act, 
     as added by section 101(b), is amended--
       (1) by redesignating subsections (d) through (g) as 
     subsections (f) through (i), respectively;
       (2) in subsection (a)(1), by striking ``subsection (g)(1)'' 
     and inserting ``subsection (i)(1)'';
       (3) in subsection (a)(2), by inserting ``, and with respect 
     to expenditures described in subsection (d), the Secretary 
     shall pay the State the amount described in subsection 
     (d)(1)'' before the period;
       (4) in subsection (c)(1)(C), by striking ``subsection 
     (g)(2)(B)'' and inserting ``subsection (i)(2)(B)''; and
       (5) by inserting after subsection (c), the following:
       ``(d) Increased Federal Financial Participation for Early 
     Coverage States That Meet Certain Benchmarks.--
       ``(1) In general.--Subject to paragraph (2), for purposes 
     of subsection (a)(2), the amount and expenditures described 
     in this subsection are an amount equal to the Federal medical 
     assistance percentage, increased by 10 percentage points, of 
     the expenditures incurred by the State for the provision or 
     conduct of the services or activities described in paragraph 
     (3).
       ``(2) Expenditure criteria.--A State shall--
       ``(A) develop criteria for determining the expenditures 
     described in paragraph (1) in collaboration with the 
     individuals and representatives described in subsection 
     (b)(1); and
       ``(B) submit such criteria for approval by the Secretary.
       ``(3) Services, supports and activities described.--For 
     purposes of paragraph (1), the services, supports and 
     activities described in this subparagraph are the following:
       ``(A) 1-stop intake, referral, and institutional diversion 
     services.
       ``(B) Identifying and remedying gaps and inequities in the 
     State's current provision of long-term services and supports, 
     particularly those services and supports that are provided 
     based on such factors as age, severity of disability, type of 
     disability, ethnicity, income, institutional bias, or other 
     similar factors.
       ``(C) Establishment of consumer participation and consumer 
     governance mechanisms, such as cooperatives and regional 
     service authorities, that are managed and controlled by 
     individuals with significant disabilities who use community-
     based services and supports or their representatives.
       ``(D) Activities designed to enhance the skills, earnings, 
     benefits, supply, career, and future prospects of workers who 
     provide community-based attendant services and supports.
       ``(E) Continuous, comprehensive quality improvement 
     activities that are designed to ensure and enhance the health 
     and well-being of individuals who rely on community-based 
     attendant services and supports, particularly activities 
     involving or initiated by consumers of such services and 
     supports or their representatives.
       ``(F) Family support services to augment the efforts of 
     families and friends to enable individuals with disabilities 
     of all ages to live in their own homes and communities.
       ``(G) Health promotion and wellness services and 
     activities.
       ``(H) Provider recruitment and enhancement activities, 
     particularly such activities that encourage the development 
     and maintenance of consumer controlled cooperatives or other 
     small businesses or micro-enterprises that provide community-
     based attendant services and supports or related services.
       ``(I) Activities designed to ensure service and systems 
     coordination.
       ``(J) Any other services or activities that the Secretary 
     deems appropriate.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     take effect on October 1, 2007.

     SEC. 103. INCREASED FEDERAL FINANCIAL PARTICIPATION FOR 
                   CERTAIN EXPENDITURES.

       (a) In General.--Section 1939 of the Social Security Act, 
     as added by section 101(b) and amended by section 102, is 
     amended by inserting after subsection (d) the following:
       ``(e) Increased Federal Financial Participation for Certain 
     Expenditures.--
       ``(1) Eligibility for payment.--
       ``(A) In general.--In the case of a State that the 
     Secretary determines satisfies the requirements of 
     subparagraph (B), the Secretary shall pay the State the 
     amounts described in paragraph (2) in addition to any other 
     payments provided for under section 1903 or this section for 
     the provision of community-based attendant services and 
     supports.
       ``(B) Requirements.--The requirements of this subparagraph 
     are the following:
       ``(i) The State has an approved plan amendment under this 
     section.
       ``(ii) The State has incurred expenditures described in 
     paragraph (2).
       ``(iii) The State develops and submits to the Secretary 
     criteria to identify and select such expenditures in 
     accordance with the requirements of paragraph (3).
       ``(iv) The Secretary determines that payment of the 
     applicable percentage of such expenditures (as determined 
     under paragraph (2)(B)) would enable the State to provide a 
     meaningful choice of receiving community-based services and 
     supports to individuals with disabilities and elderly 
     individuals who would otherwise only have the option of 
     receiving institutional care.
       ``(2) Amounts and expenditures described.--
       ``(A) Expenditures in excess of 150 percent of baseline 
     amount.--The amounts and expenditures described in this 
     paragraph are an amount equal to the applicable percentage, 
     as determined by the Secretary in accordance with 
     subparagraph (B), of the expenditures incurred by the State 
     for the provision of community-based attendant services and 
     supports to an individual that exceed 150 percent of the 
     average cost of providing nursing facility services to an 
     individual who resides in the State and is eligible for such 
     services under this title, as determined in accordance with 
     criteria established by the Secretary.
       ``(B) Applicable percentage.--The Secretary shall establish 
     a payment scale for the expenditures described in 
     subparagraph (A) so that the Federal financial participation 
     for such expenditures gradually increases from 70 percent to 
     90 percent as such expenditures increase.
       ``(3) Specification of order of selection for 
     expenditures.--In order to receive the amounts described in 
     paragraph (2), a State shall--
       ``(A) develop, in collaboration with the individuals and 
     representatives described in subsection (b)(1) and pursuant 
     to guidelines established by the Secretary, criteria to 
     identify and select the expenditures submitted under that 
     paragraph; and
       ``(B) submit such criteria to the Secretary.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     takes effect on October 1, 2007.

      TITLE II--PROMOTION OF SYSTEMS CHANGE AND CAPACITY BUILDING

     SEC. 201. GRANTS TO PROMOTE SYSTEMS CHANGE AND CAPACITY 
                   BUILDING.

       (a) Authority to Award Grants.--
       (1) In general.--The Secretary of Health and Human Services 
     (in this section referred to as the ``Secretary'') shall 
     award grants to eligible States to carry out the activities 
     described in subsection (b).
       (2) Application.--In order to be eligible for a grant under 
     this section, a State shall submit to the Secretary an 
     application in such form and manner, and that contains such 
     information, as the Secretary may require.
       (b) Permissible Activities.--A State that receives a grant 
     under this section may use funds provided under the grant for 
     any of the following activities, focusing on areas of need 
     identified by the State and the Consumer Task Force 
     established under subsection (c):
       (1) The development and implementation of the provision of 
     community-based attendant services and supports under section 
     1939 of the Social Security Act (as added by section 101(b) 
     and amended by sections 102 and 103) through active 
     collaboration with--
       (A) individuals with disabilities;

[[Page S2811]]

       (B) elderly individuals;
       (C) representatives of such individuals; and
       (D) providers of, and advocates for, services and supports 
     for such individuals.
       (2) Substantially involving individuals with significant 
     disabilities and representatives of such individuals in 
     jointly developing, implementing, and continually improving a 
     mutually acceptable comprehensive, effectively working 
     statewide plan for preventing and alleviating unnecessary 
     institutionalization of such individuals.
       (3) Engaging in system change and other activities deemed 
     necessary to achieve any or all of the goals of such 
     statewide plan.
       (4) Identifying and remedying disparities and gaps in 
     services to classes of individuals with disabilities and 
     elderly individuals who are currently experiencing or who 
     face substantial risk of unnecessary institutionalization.
       (5) Building and expanding system capacity to offer quality 
     consumer controlled community-based services and supports to 
     individuals with disabilities and elderly individuals, 
     including by--
       (A) seeding the development and effective use of community-
     based attendant services and supports cooperatives, 
     Independent Living Centers, small businesses, micro-
     enterprises, micro-boards, and similar joint ventures owned 
     and controlled by individuals with disabilities or 
     representatives of such individuals and community-based 
     attendant services and supports workers;
       (B) enhancing the choice and control individuals with 
     disabilities and elderly individuals exercise, including 
     through their representatives, with respect to the personal 
     assistance and supports they rely upon to lead independent, 
     self-directed lives;
       (C) enhancing the skills, earnings, benefits, supply, 
     career, and future prospects of workers who provide 
     community-based attendant services and supports;
       (D) engaging in a variety of needs assessment and data 
     gathering;
       (E) developing strategies for modifying policies, 
     practices, and procedures that result in unnecessary 
     institutional bias or the over-medicalization of long-term 
     services and supports;
       (F) engaging in interagency coordination and single point 
     of entry activities;
       (G) providing training and technical assistance with 
     respect to the provision of community-based attendant 
     services and supports;
       (H) engaging in--
       (i) public awareness campaigns;
       (ii) facility-to-community transitional activities; and
       (iii) demonstrations of new approaches; and
       (I) engaging in other systems change activities necessary 
     for developing, implementing, or evaluating a comprehensive 
     statewide system of community-based attendant services and 
     supports.
       (6) Ensuring that the activities funded by the grant are 
     coordinated with other efforts to increase personal attendant 
     services and supports, including--
       (A) programs funded under or amended by the Ticket to Work 
     and Work Incentives Improvement Act of 1999 (Public Law 106-
     170; 113 Stat. 1860);
       (B) grants funded under the Families of Children With 
     Disabilities Support Act of 2000 (42 U.S.C. 15091 et seq.); 
     and
       (C) other initiatives designed to enhance the delivery of 
     community-based services and supports to individuals with 
     disabilities and elderly individuals.
       (7) Engaging in transition partnership activities with 
     nursing facilities and intermediate care facilities for the 
     mentally retarded that utilize and build upon items and 
     services provided to individuals with disabilities or elderly 
     individuals under the Medicaid program under title XIX of the 
     Social Security Act, or by Federal, State, or local housing 
     agencies, Independent Living Centers, and other organizations 
     controlled by consumers or their representatives.
       (c) Consumer Task Force.--
       (1) Establishment and duties.--To be eligible to receive a 
     grant under this section, each State shall establish a 
     Consumer Task Force (referred to in this subsection as the 
     ``Task Force'') to assist the State in the development, 
     implementation, and evaluation of real choice systems change 
     initiatives.
       (2) Appointment.--Members of the Task Force shall be 
     appointed by the Chief Executive Officer of the State in 
     accordance with the requirements of paragraph (3), after the 
     solicitation of recommendations from representatives of 
     organizations representing a broad range of individuals with 
     disabilities, elderly individuals, representatives of such 
     individuals, and organizations interested in individuals with 
     disabilities and elderly individuals.
       (3) Composition.--
       (A) In general.--The Task Force shall represent a broad 
     range of individuals with disabilities from diverse 
     backgrounds and shall include representatives from 
     Developmental Disabilities Councils, Mental Health Councils, 
     State Independent Living Centers and Councils, Commissions on 
     Aging, organizations that provide services to individuals 
     with disabilities and consumers of long-term services and 
     supports.
       (B) Individuals with disabilities.--A majority of the 
     members of the Task Force shall be individuals with 
     disabilities or representatives of such individuals.
       (C) Limitation.--The Task Force shall not include employees 
     of any State agency providing services to individuals with 
     disabilities other than employees of entities described in 
     the Developmental Disabilities Assistance and Bill of Rights 
     Act of 2000 (42 U.S.C. 15001 et seq.).
       (d) Annual Report.--
       (1) States.--A State that receives a grant under this 
     section shall submit an annual report to the Secretary on the 
     use of funds provided under the grant in such form and manner 
     as the Secretary may require.
       (2) Secretary.--The Secretary shall submit to Congress an 
     annual report on the grants made under this section.
       (e) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section, $50,000,000 for each of fiscal years 
     2008 through 2010.
       (2) Availability.--Amounts appropriated to carry out this 
     section shall remain available without fiscal year 
     limitation.

     SEC. 202. DEMONSTRATION PROJECT TO ENHANCE COORDINATION OF 
                   CARE UNDER THE MEDICARE AND MEDICAID PROGRAMS 
                   FOR DUAL ELIGIBLE INDIVIDUALS.

       (a) Definitions.--In this section:
       (1) Dually eligible individual.--The term ``dually eligible 
     individual'' means an individual who is enrolled in the 
     Medicare and Medicaid programs established under Titles XVIII 
     and XIX, respectively, of the Social Security Act (42 U.S.C. 
     1395 et seq., 1396 et seq.).
       (2) Project.--The term ``project'' means the demonstration 
     project authorized to be conducted under this section.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (b) Authority to Conduct Project.--The Secretary shall 
     conduct a project under this section for the purpose of 
     evaluating service coordination and cost-sharing approaches 
     with respect to the provision of community-based services and 
     supports to dually eligible individuals.
       (c) Requirements.--
       (1) Number of participants.--Not more than 5 States may 
     participate in the project.
       (2) Application.--A State that desires to participate in 
     the project shall submit an application to the Secretary, at 
     such time and in such form and manner as the Secretary shall 
     specify.
       (3) Duration.--The project shall be conducted for at least 
     5, but not more than 10 years.
       (d) Evaluation and Report.--
       (1) Evaluation.--Not later than 1 year prior to the 
     termination date of the project, the Secretary, in 
     consultation with States participating in the project, 
     representatives of dually eligible individuals, and others, 
     shall evaluate the impact and effectiveness of the project.
       (2) Report.--The Secretary shall submit a report to 
     Congress that contains the findings of the evaluation 
     conducted under paragraph (1) along with recommendations 
     regarding whether the project should be extended or expanded, 
     and any other legislative or administrative actions that the 
     Secretary considers appropriate as a result of the project.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
      By Mrs. BOXER (for herself and Mrs. Feinstein):
  S. 801. A bill to designate a United States courthouse located in 
Fresno, California, as the ``Robert E. Coyle United States 
Courthouse''; to the Committee on Environment and Public Works.
  Mrs. BOXER. Mr. President, I am pleased to re-introduce legislation 
to name the Federal courthouse building at Tulare and ``O'' Streets in 
downtown Fresno, CA the ``Robert E. Coyle United States Courthouse.''
  It is fitting that the Federal courthouse in Fresno be named for 
retired U.S. District Judge Robert E. Coyle, who is greatly respected 
and admired for his work as a judge and for his foresight and 
persistence that contributed so much to the Fresno Courthouse project. 
Judge Coyle has been a leader in the effort to build the courthouse in 
Fresno for more than a decade. Indeed, he personally supervised this 
project. He was often seen with his hard hat in hand, walking from his 
chambers to the new building to meet project staff.
  Judge Coyle, working with the Clerk of the United States District 
Court for the Eastern District, conceived and founded a program called 
``Managing a Capitol Construction Program'' to help others understand 
the process of having a courthouse built. This Eastern District program 
was so well received by national court administrators that it is now a 
nationwide program run by Judge Coyle.
  In addition to meeting the needs of the court for additional space, 
the courthouse project has become a key element in the downtown 
revitalization of Fresno. Judge Coyle's efforts, and those in the 
community with whom he has worked, produced a major milestone when the 
building was occupied in January of 2006.

[[Page S2812]]

  Judge Coyle has had a distinguished career as an attorney and on the 
bench. Appointed to California's Eastern District bench by President 
Ronald Reagan in 1982, Judge Coyle has served as a judge for the 
Eastern District for 20 years, including 6 years as senior judge. Judge 
Coyle earned his law degree from the University of California, Hastings 
College of the Law in 1956. He then worked for Fresno County as a 
Deputy District Attorney before going into private practice in 1958 
with McCormick, Barstow, Sheppard, Coyle & Wayte, where he remained 
until his appointment by President Reagan.
  Judge Coyle is very active in the community and has served in many 
judicial leadership positions, including: chair of the Space and 
Security Committee; chair of the Conference of the Chief District 
Judges of the Ninth Circuit; president of the Ninth Circuit District 
Judges Association; Member of the Board of Governors of the State Bar 
of California; and president of the Fresno County Bar.
  My hope is that, in addition to serving the people of the Eastern 
District as a courthouse, this building will stand as a reminder to the 
community and people of California of the dedicated work of Judge 
Robert E. Coyle.
                                 ______
                                 
      By Mr. CRAPO:
  S. 802. A bill to provide for the implementation of the Owyhee 
Initiative Agreement, and for other purposes; to the Committee on 
Energy and Natural Resources.
  Mr. CRAPO. Mr. President, I am pleased to introduce the Owyhee 
Initiative Implementation Act of 2007, a bill which is the result of a 
five-year collaborative effort between all levels of government, 
multiple users of public lands, and conservationists to resolve decades 
of heated land-use conflict in the Owyhee Canyonlands in the 
southwestern part of my home State of Idaho.
  This is comprehensive land management legislation that enjoys far-
reaching support among a remarkably diverse group of interests that 
live work and play in this special country.
  Owyhee County contains some of the most unique and beautiful 
canyonlands in the world and offers large areas in which all of us can 
enjoy the grandeur and experience of untouched western trails, rivers, 
and open sky. It is truly magical country, and its natural beauty and 
traditional uses should be preserved for future generations. Owyhee 
County is traditional ranching country. Seventy-three percent of its 
land base is owned by the United States, and it is located within an 
hour's drive of one of the fastest growing areas in the nation, Boise, 
ID.
  This combination of attributes, including location, is having an 
explosive effect on property values, community expansion and 
development and ever-increasing demands on public land. Given this 
confluence of circumstances and events, Owyhee County has been at the 
core of decades of conflict with heated political and regulatory 
battles. The diverse land uses co-exist in an area of intense beauty 
and unique character. The conflict over land management is both 
inevitable and understandable--how do we manage for this diversity and 
do so in a way that protects and restores the quality of that fragile 
environment?
  In this context, the Owyhee County Commissioners and several others 
said ``enough is enough'' and decided to focus efforts on solving these 
problems rather than wasting resources on an endless fight. In 2001, 
The Owyhee County Commissioners, Hal Tolmie, Dick Reynolds, and Chris 
Salove, met with me and asked for my help. They asked whether I would 
support them if they could put together, at one table, the interested 
parties involved in the future of the County to try and reach some 
solutions. I told them that if they could get together a broad base of 
interests who would agree to collaborate in a process committed to 
problem-solving, I would dedicate myself to working with them and if 
they were successful, I would introduce resulting legislation. They 
agreed. Together, we set out on a six-year journey on a road that is as 
challenging as any in the Owyhee Canyonlands. Sharp turns, steep 
inclines and declines, big sharp rocks, deep ruts, sand burrs, dust and 
a constant headwind is exactly what those of us who have worked so hard 
on this have faced every day.

  This is very difficult work and in speaking of difficult work, I want 
to acknowledge the effort of my friend and colleague from Idaho, 
Representative Mike Simpson, and the challenge he has taken on as he 
advocates his Central Idaho Economic Development Act. I support his 
work and his legislation.
  The Commissioners appointed a Chairman, an extraordinary gentleman, 
Fred Grant. They formed the Work Group which included The Wilderness 
Society, Idaho Conservation League, The Nature Conservancy, Idaho 
Outfitters and Guides, the United States Air Force, the Sierra Club, 
the county Soil Conservation Districts, Owyhee Cattleman's Association, 
the Owyhee Borderlands Trust, People for the Owyhees, and the Shoshone 
Paiute Tribes to join in their efforts. All accepted, and work on this 
bill began. As this collaborative process gained momentum, the County 
Commissioners expanded the Work Group to include the South Idaho Desert 
Racing Association, Idaho Rivers United and the Owyhee County Farm 
Bureau. Very recently, the Commissioners have further expanded the 
effort to include the Foundation for North American Wild Sheep and the 
Idaho Backcountry Horsemen.
  The Commissioners also requested that the Idaho State Department of 
Lands and the Bureau of Land Management to serve and those agencies 
have provided important support.
  This unique group of people chose to work without a professional 
facilitator, preferring instead to deal with differences face-to-face 
and together create new ideas. For me, one of the most gratifying and 
emotional outcomes has been to see this group transform itself from 
polarized camps into an extraordinary force that has become known for 
its intense effort, comity, trust and willingness to work toward a 
solution.
  They operated on a true consensus basis, only making decisions when 
there was no voiced objection to a proposal. They involved everyone who 
wanted to participate in the process and spent hundreds of hours 
discussing their findings, modifying preliminary proposals and 
ultimately reaching consensus solutions. They have driven thousands of 
miles inspecting roads and trails, listening to and soliciting ideas 
from people from all walks of life who have in common deep roots and 
deep interest in the Owyhee Canyonlands. They sought to ensure that 
they had a thorough understanding of the issues and could take proper 
advantage of the insights and experience of all these people.
  While this whole process and its outcomes are indeed remarkable, one 
of the more notable developments is the Memorandum of Agreement between 
the Shoshone Paiute Tribes and the County that establishes government-
to-government cooperation in several areas of mutual interest. I want 
to particularly note the efforts and support of Mr. Terry Gibson, 
Chairman of the Shoshone Paiute Tribes, a great leader and a personal 
friend.
  All of these individuals and organizations have asked that I seek 
Senate approval of their collaborative effort, built from the ground up 
to chart their path forward.
  The Owyhee Initiative transforms conflict and uncertainty into 
conflict resolution and assurance of future activity. Ranchers can plan 
for subsequent generations. Off-road vehicle users have access assured. 
Wilderness is established. The Shoshone-Paiute Tribe knows its cultural 
resources will be protected. The Air Force will continue to train its 
pilots. Local, State and Federal government agencies will have 
structure to assist their joint management of the region. And this will 
all happen within the context of the preservation of environmental and 
ecological health. This is indeed a revolutionary land management 
structure--and one that looks ahead to the future.
  Principle features of the legislation include: development, funding 
and implementation of a landscape-scale program to review, recommend 
and coordinate landscape conservation and research projects; scientific 
review process to assist the Bureau of Land Management; designation of 
Wilderness and Wild and Scenic Rivers; release of Wilderness Study 
Areas; protections of tribal cultural and historical resources against 
intentional and

[[Page S2813]]

unintentional abuse and desecration; development and implementation by 
the BLM of travel plans for public lands; and a board of directors with 
oversight over the administration and implementation of the Owyhee 
Initiative.
  This can't be called ranching bill, or a wilderness bill, or an Air 
Force bill, or a Tribal bill. It is a comprehensive land management 
bill. Each interest got enough to enthusiastically support the final 
product, advocate for its enactment, and, most importantly, support the 
objectives of those with whom they had previous conflict.
  Opposition will come from a few principal sources: those who simply 
don't want to have wilderness designated; those who don't want 
livestock anywhere on public land; and, those who do not want to see 
collaboration succeed. While I respect that opposition, I prefer to 
move forward in an effort that manages conflict and land, rather than 
exploit disagreements.
  The status quo is unacceptable. The Owyhee Canyonlands and its 
inhabitants, including its people, deserve to have a process of 
conflict management and a path to sustainability. The need for this 
path forward is particularly acute given that this area is an hour's 
drive from one of the Nation's most rapidly-growing communities. The 
Owyhee Initiative protects water rights, releases wilderness study 
areas and protects traditional uses.
  I commend the commitment and leadership of all involved. We have 
established a longterm, comprehensive management approach. It's been an 
honor for me to work with so many fine people and I will do everything 
in my power to turn this into law.
  The Owyhee Initiative sets a standard for managing and resolving 
difficult land management issues in our country. After all, what better 
place to forge an historical change in our approach to public land 
management, than in this magnificent land that symbolizes livelihood, 
heritage, diversity, opportunity and renewal?
  And with that, I would like to recognize and thank the people who 
have been the real driving force behind this process: Fred Grant, 
Chairman of the Owyhee Initiative Work Group, his assistant Staci 
Grant, and Dr. Ted Hoffman, Sheriff Gary Aman, the Owyhee County 
Commissioners: Hal Tolmie, Chris Salova, & Dick Reynolds and Chairman 
Terry Gibson of the Shoshone Paiute Tribes. I am grateful to Governor 
Jim Risch of the Great State of Idaho for all of his support. Thanks 
to: Colonel Rock of the United States Air Force at Mountain Home Air 
Force Base, Craig Gherke and John McCarthy of The Wilderness Society, 
Rick Johnson & John Robison of the Idaho Conservation League, Inez Jaca 
representing Owyhee County, Dr. Chad Gibson representing the Owyhee 
Cattleman's Association, Brenda Richards representing private property 
owners in Owyhee County, Cindy & Frank Bachman representing the Soil 
Conservation Districts in Owyhee County, Marcia Argust with the 
Campaign for America's Wilderness, Grant Simmons of the Idaho 
Outfitters and Guides Association, Bill Sedivy with Idaho Rivers 
United, Tim Lowry of the Owyhee County Farm Bureau, Bill Walsh 
representing Southern Idaho Desert Racing Association, Lou Lunte and 
Will Whelan of the Nature Conservancy for all of their hard work and 
dedication. I'd also like to thank the Idaho Back Country Horseman, the 
Foundation for North American Wild Sheep, Roger Singer of the Sierra 
Club, the South Board of Control and the Owyhee Project managers, and 
all the other water rights holders who support me today. This process 
truly benefited from the diversity of these groups and their 
willingness to cooperate to reach a common goal of protecting the land 
on which they live, work, and play.
  The Owyhee Canyonlands and its inhabitants are truly a treasure of 
Idaho and the United States; I hope you will join me in ensuring their 
future.
  I ask unanimous consent that the text of the bill be printed in the 
Record.

                                 S. 802

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Owyhee 
     Initiative Implementation Act of 2007''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purpose.
Sec. 3. Definitions.
Sec. 4. General provisions.

                  TITLE I--OWYHEE INITIATIVE AGREEMENT

Sec. 101. Implementation.
Sec. 102. Science review program.
Sec. 103. Conservation and research center program.
Sec. 104. Authorization of appropriations.

            TITLE II--WILDERNESS AND WILD AND SCENIC RIVERS

Sec. 201. Wilderness designation.
Sec. 202. Designation of wild and scenic rivers.
Sec. 203. Administration of wilderness and wild and scenic rivers.
Sec. 204. Land exchanges and acquisitions and grazing preferences.
Sec. 205. Authorization of appropriations.

          TITLE III--TRANSPORTATION AND RECREATION MANAGEMENT

Sec. 301. Transportation plans.
Sec. 302. Authority.
Sec. 303. Cooperative agreements.
Sec. 304. Authorization of appropriations.

                      TITLE IV--CULTURAL RESOURCES

Sec. 401. Findings.
Sec. 402. Implementation.
Sec. 403. Authorization of appropriations.

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the Owyhee-Bruneau Canyonlands Region is one of the 
     most spectacular high deserts in the United States, unique in 
     geology and rich in history;
       (2) the Shoshone Paiute Indian tribes have put forth claims 
     to aboriginal rights in the Region;
       (3) since the 1860s, ranching has been an important part of 
     the heritage, culture, and economy of the Region;
       (4) the Region has tremendous opportunities for outdoor 
     recreation;
       (5) there has been longstanding conflict over management of 
     the public land in the Region;
       (6) in 2001, the Owyhee County Board of Commissioners and 
     the Tribes brought together a diverse group of interests, 
     with the intent that the Tribes and the County, through 
     government-to-government coordination, could mutually launch 
     a process for achieving resolution of land use conflicts, 
     protection of the landscape resource, protection of cultural 
     resources, and economic stability; and
       (7) as a result of the process described in paragraph (6), 
     the Owyhee Initiative Agreement, an agreement between a 
     coalition of representatives of landowners, ranchers, 
     environmental organizations, County government, and 
     recreation groups appointed in the County by the Board of 
     County Commissioners, was formed to develop a natural 
     resources project that promotes ecological and economic 
     health within the County.
       (b) Purpose.--The purpose of this Act is to provide for the 
     implementation of the Owyhee Initiative Agreement to--
       (1) preserve the natural processes that create and maintain 
     a functioning, unfragmented landscape that supports and 
     sustains a flourishing community of human, plant, and animal 
     life;
       (2) provide for economic stability by preserving livestock 
     grazing as an economically viable use; and
       (3) provide for the protection of cultural resources.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Board.--The term ``Board'' means the Board of Directors 
     of the Owyhee Initiative Project.
       (2) Bureau.--The term ``Bureau'' means the Bureau of Land 
     Management.
       (3) County.--The term ``County'' means Owyhee County, 
     Idaho.
       (4) Ordinary high water mark.--The term ``ordinary high 
     water mark'' shall have such meaning as is given the term by 
     the legislature of the State.
       (5) Owyhee front.--The term ``Owyhee Front'' means that 
     area of the County from Jump Creek on the west to Mud Flat 
     Road on the east and draining north from the crest of the 
     Silver City Range to the Snake River.
       (6) Owyhee initiative agreement.--The term ``Owyhee 
     Initiative Agreement'' means the agreement that provides for 
     the implementation of a project for the promotion of 
     ecological and economic health within the County entered into 
     by a coalition of representatives of landowners, ranchers, 
     environmental organizations, County government, and 
     recreation groups appointed in the County by the Board of 
     County Commissioners, entitled ``Owyhee Initiative 
     Agreement'', as amended on May 10, 2006.
       (7) Plan.--The term ``Plan'' means the Shoshone Paiute 
     Tribal Cultural Resource Protection Plan approved by the 
     Tribes.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (9) State.--The term ``State'' means the State of Idaho.
       (10) Tribes.--The term ``Tribes'' means the Shoshone-Paiute 
     Tribes of the Duck Valley Indian Reservation.

     SEC. 4. GENERAL PROVISIONS.

       (a) No Precedence.--Nothing in this Act establishes a 
     precedent with regard to any future legislation.
       (b) Native American Recognition and Uses.--Nothing in this 
     Act diminishes or otherwise affects--

[[Page S2814]]

       (1) the trust responsibility of the United States to Indian 
     tribes and Indian individuals;
       (2) the government-to-government relationship between the 
     United States and federally recognized Indian tribes;
       (3) the rights of any Indian tribe, including rights of 
     access to Federal land for tribal activities, including 
     spiritual, cultural, and traditional food-gathering 
     activities; or
       (4) the sovereignty of any Indian tribe.

                  TITLE I--OWYHEE INITIATIVE AGREEMENT

     SEC. 101. IMPLEMENTATION.

       (a) In General.--The Secretary shall coordinate with the 
     Board and the County in implementing this Act in accordance 
     with applicable laws and regulations.
       (b) Effect on Public Participation.--Nothing in this Act 
     diminishes or otherwise affects any applicable law or 
     regulation relating to public participation.

     SEC. 102. SCIENCE REVIEW PROGRAM.

       (a) In General.--The Secretary shall coordinate with the 
     Board in the conduct of the science review process as 
     described in the Owyhee Initiative Agreement.
       (b) Management Actions.--Notwithstanding the review process 
     under this section, the Secretary shall proceed with 
     management actions in a timely manner in accordance with 
     applicable laws (including regulations).

     SEC. 103. CONSERVATION AND RESEARCH CENTER PROGRAM.

       The Secretary shall coordinate with the Board with respect 
     to the conservation and research center program, as described 
     in the Owyhee Initiative Agreement.

     SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the Secretary to 
     carry out this title $20,000,000.

            TITLE II--WILDERNESS AND WILD AND SCENIC RIVERS

     SEC. 201. WILDERNESS DESIGNATION.

       (a) In General.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), the following land 
     in the State is designated as wilderness and as components of 
     the National Wilderness Preservation System:
       (1) Big jacks creek wilderness.--Certain land comprising 
     approximately 51,624 acres, as generally depicted on the map 
     entitled ``Big Jacks Creek Wilderness'' and dated September 
     1, 2006, which shall be known as the ``Big Jacks Creek 
     Wilderness''.
       (2) Bruneau-jarbidge rivers wilderness.--Certain land 
     comprising approximately 91,328 acres, as generally depicted 
     on the map entitled ``Bruneau-Jarbidge Rivers Wilderness'' 
     and dated September 1, 2006, which shall be known as the 
     ``Bruneau-Jarbidge Rivers Wilderness''.
       (3) Little jacks creek wilderness.--Certain land comprising 
     approximately 49,647 acres, as generally depicted on the map 
     entitled ``Little Jacks Creek Wilderness'' and dated 
     September 1, 2006, which shall be known as the ``Little Jacks 
     Creek Wilderness''.
       (4) North fork owyhee wilderness.--Certain land comprising 
     approximately 43,113 acres, as generally depicted on the map 
     entitled ``North Fork Owyhee Wilderness'' and dated September 
     1, 2006, which shall be known as the ``North Fork Owyhee 
     Wilderness''.
       (5) Owyhee river wilderness.--Certain land comprising 
     approximately 269,016 acres, as generally depicted on the map 
     entitled ``Owyhee River Wilderness'' and dated September 1, 
     2006, which shall be known as the ``Owyhee River 
     Wilderness''.
       (6) Pole creek wilderness.--Certain land comprising 
     approximately 12,468 acres, as generally depicted on the map 
     entitled ``Pole Creek Wilderness'' and dated September 1, 
     2006, which shall be known as the ``Pole Creek Wilderness''.
       (b) Release of Wilderness Study Areas.--
       (1) Finding.--Congress finds that, for the purposes of 
     section 603 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1782), the public land in the County 
     administered by the Bureau in the following areas has been 
     adequately studied for wilderness designation:
       (A) The Sheep Creek East Wilderness Study Area.
       (B) The Sheep Creek West Wilderness Study Area.
       (C) The Squaw Creek Canyon Wilderness Study Area.
       (D) The West Fork Red Canyon Wilderness Study Area.
       (E) The Upper Deep Creek Wilderness Study Area.
       (F) The Big Willow Springs Wilderness Study Area.
       (G) The Middle Fork Owyhee River Wilderness Study Area.
       (H) Any portion of the wilderness study areas--
       (i) not designated as wilderness by subsection (a); and
       (ii) designated for release on the map dated September 1, 
     2006.
       (2) Release.--Any public land described in paragraph (1) 
     that is not designated as wilderness by this subsection--
       (A) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       (B) shall be managed in accordance with land management 
     plans adopted under section 202 of that Act (43 U.S.C. 1712).
       (c) Maps and Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Resources of the House of Representatives a 
     map and legal description for each area designated as 
     wilderness by this Act.
       (2) Effect.--Each map and legal description submitted under 
     paragraph (1) shall have the same force and effect as if 
     included in this Act, except that the Secretary may correct 
     any minor errors in such a map or legal description.
       (3) Availability of maps.--The maps submitted under 
     paragraph (1) shall be available for public inspection in--
       (A) the offices of the Idaho State Director of the Bureau; 
     and
       (B) the offices of the Boise and Twin Falls Districts of 
     the Bureau.

     SEC. 202. DESIGNATION OF WILD AND SCENIC RIVERS.

       (a) Statement of Intent.--The intent of wild, scenic, and 
     recreational river designations under this subsection is to 
     resolve the wild, scenic, and recreational river status of 
     the segments within the County, as depicted on the maps 
     submitted under section 201(c).
       (b) Designation.--Section 3(a) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1274(a)) is amended--
       (1) by redesignating paragraph (167) (relating to the 
     Musconetcong River, New Jersey) as paragraph (169);
       (2) by designating the undesignated paragraph relating to 
     the White Salmon River, Washington, as paragraph (167);
       (3) by designating the undesignated paragraph relating to 
     the Black Butte River, California, as paragraph (168); and
       (4) by adding at the end the following:
       ``(170) Battle creek, idaho.--The 23.4 miles of Battle 
     Creek in the State of Idaho from the confluence of the Owyhee 
     River to the upstream boundary of the Owyhee River 
     Wilderness, to be administered by the Secretary of the 
     Interior as a wild river.
       ``(171) Big jacks creek, idaho.--The 35.0 miles of Big 
     Jacks Creek in the State of Idaho from the downstream border 
     of the Big Jacks Creek Wilderness in sec. 8, T. 8 S., R. 4 
     E., to the point at which it enters the NW\1/4\ of sec. 26, 
     T. 10 S., R. 2 E., Boise Meridian, Idaho, to be administered 
     by the Secretary of the Interior as a wild river.
       ``(172) Bruneau river, idaho.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the 39.3-mile segment of the Bruneau River from the 
     downstream boundary of the Bruneau-Jarbidge Wilderness to the 
     upstream confluence with the west fork of the Bruneau River 
     and the Jarbidge River, to be administered by the Secretary 
     of the Interior as a wild river.
       ``(B) Exception.--Notwithstanding subparagraph (A), the .6-
     mile segment of the Bruneau River at the Indian Hot Springs 
     public road access shall be administered by the Secretary of 
     the Interior as a recreational river.
       ``(173) West fork of the bruneau river, idaho.--The 6.2 
     miles of the West Fork of the Bruneau River in the State of 
     Idaho from the confluence with the Jarbidge River to the 
     upstream Bruneau-Jarbidge Rivers Wilderness border, to be 
     administered by the Secretary of the Interior as a wild 
     river.
       ``(174) Camas creek, idaho.--The 3.0 miles of Camas Creek 
     in the State of Idaho from the confluence with Pole Creek to 
     the east boundary of sec. 26, T. 10 S., R. 2 W., Boise 
     Meridian, Idaho, to be administered by the Secretary of the 
     Interior as a scenic river.
       ``(175) Cottonwood creek, idaho.--The 2.6 miles of 
     Cottonwood Creek in the State of Idaho from the confluence 
     with Big Jacks Creek to the upstream boundary of the Big 
     Jacks Creek Wilderness, to be administered by the Secretary 
     of the Interior as a wild river.
       ``(176) Deep creek, idaho.--The following segments of Deep 
     Creek in the State of Idaho, to be administered by the 
     Secretary of the Interior:
       ``(A) The 13.1-mile segment of Deep Creek from the 
     confluence with the Owyhee River to the upstream boundary of 
     the Owyhee River Wilderness in sec. 30, T. 12 S., R. 2 W., 
     Boise Meridian, Idaho, as a wild river.
       ``(B) The 26.4-mile segment of Deep Creek from the boundary 
     of Owyhee River Wilderness in sec. 30, T. 12 S., R. 2 W., 
     Boise Meridian, Idaho, to the upstream crossing of Mud Flat 
     Road, as a scenic river.
       ``(177) Dickshooter creek, idaho.--The 11.0 miles of 
     Dickshooter Creek in the State of Idaho from the confluence 
     with Deep Creek to the upstream boundary of the Owyhee River 
     Wilderness, to be administered by the Secretary of the 
     Interior as a wild river.
       ``(178) Duncan creek, idaho.--The following segments of 
     Duncan Creek in the State of Idaho, to be administered by the 
     Secretary of the Interior:
       ``(A) The 5.2-mile segment of Duncan Creek from the eastern 
     boundary of sec. 18, T. 10 S., R. 4 E., Boise Meridian, 
     Idaho, upstream to the NW\1/4\ of sec. 1, T. 11 S., R. 3 E., 
     Boise Meridian, Idaho, as a scenic river.
       ``(B) The 0.9-mile segment of Duncan Creek from the 
     confluence with Big Jacks Creek upstream to the beginning of 
     the Duncan Creek Scenic River segment, as a wild river.
       ``(179) Jarbidge river, idaho.--The 28.8 miles of the 
     Jarbidge River in the State of Idaho from the confluence with 
     the West Fork Bruneau River to the upstream boundary of the 
     Bruneau-Jarbidge Rivers Wilderness, to be administered by the 
     Secretary of the Interior as a wild river.
       ``(180) Little jacks creek, idaho.--The 13.2 miles of 
     Little Jacks Creek in the State of

[[Page S2815]]

     Idaho from the downstream boundary of the Little Jacks Creek 
     Wilderness, upstream to the NW\1/4\ of sec. 27, T. 9 S., R. 2 
     E., Boise Meridian, Idaho, to be administered by the 
     Secretary of the Interior as a wild river.
       ``(181) Little owyhee, idaho.--The 11.0 miles of the Little 
     Owyhee in the State of Idaho from the confluence with the 
     South Fork of the Owyhee River to the upstream boundary of 
     the Owyhee River Wilderness, to be administered by the 
     Secretary of the Interior as a wild river.
       ``(182) North fork of the owyhee river, idaho.--The 
     following segments of the North Fork of the Owyhee River in 
     the State of Idaho, to be administered by the Secretary of 
     the Interior:
       ``(A) The 5.7-mile segment of the North Fork of the Owyhee 
     River from the Idaho-Oregon State border to the Wild River 
     segment of the North Fork of the Owyhee River, as a 
     recreational river.
       ``(B) The 15.1-mile segment of the North Fork of the Owyhee 
     River from the western/downstream boundary of the North Fork 
     Owyhee River Wilderness to the northern/upstream boundary of 
     the North Fork Owyhee River Wilderness, as a wild river.
       ``(183) Ox prong, idaho.--The 1.3 miles of the Ox Prong in 
     the State of Idaho from the confluence with Little Jacks 
     Creek to the upstream boundary of the Little Jacks Creek 
     Wilderness, to be administered by the Secretary of the 
     Interior as a wild river.
       ``(184) Owyhee river, idaho.--The 67.3 miles of the Owyhee 
     River in the State of Idaho from the Idaho-Oregon State 
     border to the upstream boundary of the Owyhee River 
     Wilderness, to be administered by the Secretary of the 
     Interior as a wild river, subject to the conditions that--
       ``(A) motorized access shall be permitted at Crutchers 
     Crossing; and
       ``(B) any crossing shall remain unconstructed.
       ``(185) Pole creek, idaho.--The 14.3 miles of Pole Creek in 
     the State of Idaho from the confluence with Deep Creek 
     upstream to the south boundary of sec. 16, T. 10 S., R. 2 W., 
     Boise Meridian, Idaho, to be administered by the Secretary of 
     the Interior as a scenic river.
       ``(186) Red canyon, idaho.--The 4.6 miles of Red Canyon in 
     the State of Idaho from the confluence of the Owyhee River to 
     the upstream boundary of the Owyhee River Wilderness, to be 
     administered by the Secretary of the Interior as a wild 
     river.
       ``(187) Sheep creek, idaho.--The 25.6 miles of Sheep Creek 
     in the State of Idaho from the confluence with the Bruneau 
     River to the upstream boundary of the Bruneau-Jarbidge Rivers 
     Wilderness, to be administered by the Secretary of the 
     Interior as a wild river.
       ``(188) South fork of the owyhee river, idaho.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the 31.4-mile segment of the South Fork of the Owyhee River 
     from the confluence with the Owyhee River to the upstream 
     boundary of the Owyhee River Wilderness at the Idaho-Nevada 
     State border shall be administered by the Secretary of the 
     Interior as a wild river.
       ``(B) Exception.--Notwithstanding subparagraph (A), the 
     1.2-mile segment of the South Fork of the Owyhee River across 
     the private lands in secs. 25 and 36, T. 14 S., R. 5 W., 
     Boise Meridian, Idaho, shall be administered by the Secretary 
     of the Interior as a recreational river.
       ``(189) Wickahoney, idaho.--The 1.5 miles of Wickahoney 
     Creek in the State of Idaho from the confluence of Big Jacks 
     Creek to the upstream boundary of the Big Jacks Creek 
     Wilderness, to be administered by the Secretary of the 
     Interior as a wild river.''.
       (c) Extent of Boundaries.--Notwithstanding section 3(b) of 
     the Wild and Scenic Rivers Act (16 U.S.C. 1274(b)), the 
     boundaries of the wild and scenic river corridor for a river 
     designated as a wild and scenic river by any of paragraphs 
     (170) through (189) of section 3(a) of that Act (16 U.S.C. 
     1274(a)) (as added by subsection (b)) shall be the ordinary 
     high water mark.
       (d) Maps and Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Resources of the House of Representatives 
     the map and legal description of each segment of a river 
     designated as a wild and scenic river under this section or 
     an amendment made by this section.
       (2) Effect.--Each map and legal description submitted under 
     paragraph (1) shall have the same force and effect as if 
     included in this Act, except that the Secretary may correct 
     any minor errors in the maps and legal descriptions.
       (3) Availability of maps.--The maps submitted under 
     paragraph (1) shall be available for public inspection in--
       (A) the offices of the Idaho State Director of the Bureau; 
     and
       (B) the offices of the Boise and Twin Falls districts of 
     the Bureau.
       (e) Water Rights.--Water Rights relating to a segment of a 
     river designated as a wild and scenic river under any of 
     paragraphs (170) through (189) of section 3(a) of the Wild 
     and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by 
     subsection (b)) shall be reserved in accordance with--
       (1) the provisions of that Act (16 U.S.C. 1271 et seq.);
       (2) the laws and regulations of the State; and
       (3) the Owyhee Initiative Agreement.

     SEC. 203. ADMINISTRATION OF WILDERNESS AND WILD AND SCENIC 
                   RIVERS.

       (a) Management.--Subject to valid existing rights, each 
     area designated as wilderness by section 201 shall be 
     administered by the Secretary in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.), except that--
       (1) any reference in that Act to the effective date shall 
     be considered to be a reference to the date of enactment of 
     this Act; and
       (2) any reference in that Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary of the Interior with respect to land administered 
     by the Secretary of the Interior.
       (b) Inventory.--In accordance with the Owyhee Initiative 
     Agreement, not later than 1 year after the date on which a 
     wilderness is designated under section 201, the Bureau shall 
     conduct an inventory of wilderness grazing management 
     facilities and activities in the wilderness.
       (c) Livestock.--In the wilderness areas designated by 
     section 201 that are administered by the Bureau, the grazing 
     of livestock in areas in which grazing is established as of 
     the date of enactment of this Act shall be allowed to 
     continue, subject to such reasonable regulations, policies, 
     and practices as the Secretary considers necessary, 
     consistent with section 4(d)(4) of the Wilderness Act (16 
     U.S.C. 1133(d)(4)) and the guidelines described in Appendix A 
     of House Report 101-405.
       (d) Recreational Saddle and Pack Stock.--Nothing in this 
     Act precludes horseback riding or the use of recreational 
     saddle or pack stock in any wilderness designated by section 
     201.
       (e) Outfitting and Guiding Activities.--
       (1) In general.--Consistent with section 4(d)(6) of the 
     Wilderness Act (16 U.S.C. 1133(d)(6)) and subject to any 
     regulations that the Secretary determines to be necessary, 
     the Secretary shall permit the continuation of outfitting and 
     guiding activities in any wilderness designated by section 
     201.
       (2) Effect of designation.--Designation of an area as 
     wilderness areas under section 201 shall not require the 
     Secretary to limit the conduct of outfitting activities or 
     the use of the system of reserved camps and allocated river 
     launches designated for use by members of the public that use 
     outfitter services that are in existence before the date of 
     enactment of this Act.
       (f) Access to Non-Federal Land.--Nothing in this Act denies 
     an owner of non-Federal land the right to access the land.
       (g) Roads Adjacent to Wilderness.--With respect to any road 
     adjacent to a wilderness designated by section 201 (as 
     depicted on the applicable map), the boundary of the 
     wilderness shall be--
       (1) 100 feet from the center line for a primary road;
       (2) 50 feet from the center line for a primitive wilderness 
     boundary road; and
       (3) 30 feet on either side of the center line for an 
     interior wilderness division or cherrystem road.
       (h) Wildlife Management.--
       (1) In general.--In accordance with section 4(d)(7) of the 
     Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title 
     affects or diminishes the jurisdiction of the State with 
     respect to fish and wildlife management, including the 
     regulation of hunting, fishing, and trapping in any 
     wilderness designated by section 201.
       (2) Management activities.--
       (A) In general.--In furtherance of the purposes and 
     principles of the Wilderness Act (16 U.S.C. 1131 et seq.), 
     management activities to maintain or restore fish and 
     wildlife populations and the habitats necessary to support 
     such populations may be carried out in any wilderness 
     designated by section 201, if the management activities are--
       (i) consistent with relevant wilderness management plans; 
     and
       (ii) conducted in accordance with appropriate policies, 
     such as the policies established in Appendix B of House 
     Report 101-405.
       (B) Inclusions.--Management activities under subparagraph 
     (A) may include the occasional and temporary use of motorized 
     vehicles, if the use, as determined by the Secretary, would 
     promote healthy, viable, and more naturally distributed 
     wildlife populations that would enhance wilderness values 
     while causing the minimum impact necessary to accomplish the 
     promotion of such outcomes.
       (3) Existing activities.--Consistent with section 4(d)(1) 
     of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in 
     accordance with appropriate policies, such as those 
     established in Appendix B of House Report 101-405, the State 
     may continue to use aircraft (including helicopters) in the 
     wilderness areas designated by section 201 to survey, 
     capture, transplant, monitor, and provide water for wildlife 
     populations, including bighorn sheep and feral stock, horses, 
     and burros.
       (i) Wildfire Management.--Consistent with section 4 of the 
     Wilderness Act (16 U.S.C. 1133), nothing in this title 
     precludes a Federal, State, or local agency from conducting 
     wildfire management operations (including operations using 
     aircraft or mechanized equipment) to manage wildfires in any 
     wilderness designated by section 201.
       (j) Incorporation of Acquired Land and Interests.--Any land 
     or interest within the perimeter of, or adjacent to, an area 
     designated as a wilderness by section 201 or any land or 
     interest described in section 204 that is acquired by the 
     United States after the date of enactment of this Act shall 
     be added

[[Page S2816]]

     to and administered as part of the wilderness within which 
     the acquired land or interest is located.
       (k) Adjacent Management.--
       (1) In general.--The designation of a wilderness by section 
     201 shall not create any protective perimeters or buffer 
     zones around the wilderness.
       (2) Nonwilderness activities.--The fact that nonwilderness 
     activities or uses can be seen or heard from areas within a 
     wilderness or wild and scenic river designated under this 
     section shall not preclude the conduct of those activities or 
     uses outside the boundary of the wilderness or wild and 
     scenic river.
       (l) Military Overflights.--Nothing in this section 
     restricts or precludes--
       (1) low-level overflights and operations of military 
     aircraft, helicopters, missiles, or unmanned aerial vehicles 
     over the areas designated as a wilderness by section 201, 
     including military overflights that can be seen or heard 
     within the wilderness or wild and scenic river areas;
       (2) flight testing and evaluation;
       (3) the designation or creation of new units of special use 
     airspace, the expansion of units of special use airspace in 
     existence on the date of enactment of this Act, or the use or 
     establishment of military flight training routes over the 
     wilderness or wild and scenic river areas; or
       (4) emergency access and response.
       (m) Water Rights.--In accordance with section 4(d)(6) of 
     the Wilderness Act (16 U.S.C. 1133(d)(6)), nothing in this 
     Act provides an express or implied claim or denial of the 
     Federal Government with respect to any exemption from water 
     laws of the State.

     SEC. 204. LAND EXCHANGES AND ACQUISITIONS AND GRAZING 
                   PREFERENCES.

       (a) Exchanges and Acquisitions.--
       (1) Findings.--Congress finds that--
       (A) the consolidation of land ownership would facilitate 
     sound and efficient management for public and private land 
     and serve important public objectives, including--
       (i) the enhancement of public access, aesthetics, and 
     recreational opportunities within and adjacent to designated 
     wilderness and wild and scenic river areas; and
       (ii) the protection and enhancement of wildlife habitat, 
     including sensitive species;
       (B) time is of the essence in completing appropriate land 
     exchanges because further delays may force landowners to 
     construct roads in, develop, or sell private land inholdings, 
     and diminish the public values for which the private land is 
     to be acquired; and
       (C) it is in the public interest to complete the land 
     exchanges at the earliest practicable date so that the land 
     acquired by the United States can be preserved for protection 
     of wilderness character, wildlife habitat, and permanent 
     public use and enjoyment.
       (2) Authorization.--The Secretary may acquire, by purchase 
     or other exchange, any land or interest offered by an owner 
     under paragraph (3), subject to the conditions described in 
     paragraph (4).
       (3) Offers to convey.--
       (A) In general.--An owner of land or an interest identified 
     under the document entitled ``Land Exchanges and 
     Acquisitions'' and dated September 1, 2006, may offer to 
     convey the land or interest to the Secretary by purchase or 
     exchange if the owner has submitted to the Secretary, on or 
     before the date of enactment of this Act--
       (i) a written notice of the intent to exchange or sell the 
     land or interest;
       (ii) an identification of each parcel of land and each 
     interest to be exchanged or sold;
       (iii) a description of the value of each parcel of land and 
     each interest as described in that document; and
       (iv) in the case of an exchange, a description of the 
     Federal land sought for the exchange.
       (B) Conveyance by sale.--
       (i) In general.--Subject to the availability of funds, the 
     Secretary shall acquire any land or interests offered for 
     purchase under subparagraph (A) as soon as practicable after 
     the date of enactment of this Act.
       (ii) Election to receive cash.--If an owner makes an 
     election under subparagraph (C)(iii)(II), the Secretary shall 
     acquire by sale the land or interest of the owner as soon as 
     practicable after the date on which the Secretary receives a 
     notice of the election of the owner.
       (C) Conveyance by direct exchange.--
       (i) In general.--On the election of an owner that has 
     submitted an appropriate notice under subparagraph (A)(i), 
     the Secretary may acquire land or property interests 
     identified as eligible for exchange in the document entitled 
     ``Land Exchanges and Acquisitions'' and dated September 1, 
     2006, in exchange for Federal land that is--

       (I) of equal value to the land or property interests, as 
     determined by appraisals of the applicable Federal land, with 
     or without development rights;
       (II) located in the County; and
       (III) described in the document referred to in subparagraph 
     (A).

       (ii) Action by secretary.--Not later than 60 days after the 
     date on which the appraisals of applicable land are 
     completed, the Secretary shall offer to enter into an 
     exchange under this subparagraph with each appropriate owner 
     of land or a property interest offered for exchange under 
     subparagraph (A).
       (iii) Decisions by owners.--Not later than 60 days after 
     the date on which the appraisals of applicable land are 
     completed, an owner of land or a property interest subject to 
     an exchange under this subparagraph may elect--

       (I) to waive any applicable development right relating to 
     the Federal land to be exchanged, subject to the adjustment 
     of the exchange to achieve like values;
       (II) to receive cash in lieu of Federal land for all or any 
     portion of the land or property interest to be exchanged; or
       (III) to withdraw from participation in any exchange 
     program.

       (iv) Applicability of other law.--Except as otherwise 
     provided in this section, each exchange of Federal land under 
     this section shall be subject to laws (including regulations) 
     applicable to the conveyance and acquisition of land under 
     the jurisdiction of the Bureau of Land Management.
       (D) Facilitated land exchanges.--
       (i) In general.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall offer to enter 
     into a facilitated land exchange in accordance with 
     subparagraph (A) and conducted through a land exchange 
     facilitator to be designated by the Board.
       (ii) Exchange offer.--

       (I) In general.--Not later than 60 days after the date on 
     which the appraisals of applicable land are completed, the 
     land exchange facilitator shall submit to the Secretary an 
     offer to exchange private land for Federal land in the 
     County.
       (II) Requirement.--An offer to exchange under subclause (I) 
     shall demonstrate that the appraised value of the private 
     land is equal or approximately equal to the appraised value, 
     with or without development rights, of the Federal land 
     offered for exchange.

       (4) Conditions.--
       (A) Title.--Title to any private land conveyed under this 
     subsection shall--
       (i) be acceptable to the Secretary; and
       (ii) conform with title approval standards applicable to 
     Federal land acquisitions.
       (B) Valid existing rights.--Conveyances under this 
     subsection shall be subject to valid existing rights of 
     record.
       (5) Effect of subsection.--Nothing in this subsection--
       (A) creates any compensable property right or title with 
     respect to grazing preferences; or
       (B) affects any public access route on Federal land 
     exchanged under this subsection.
       (b) Grazing Preferences.--
       (1) In general.--A holder of a valid grazing preference 
     with respect to all or a portion of any Federal land 
     designated by this Act as a wilderness may voluntarily offer 
     to the Secretary for sale or donation all or any portion of 
     the grazing preference.
       (2) Notice.--To offer a grazing preference for sale or 
     donation under paragraph (1), the holder of the grazing 
     preference shall submit to the Secretary a written notice of 
     the intent of the holder, including--
       (A) a description of the Federal land to which the grazing 
     preference applies; and
       (B) the date on which the holder will relinquish use of the 
     grazing preference, which shall be not later than 1 year 
     after the date on which the notice is submitted.
       (3) Consideration.--The Secretary shall provide to a holder 
     that offers a grazing preference for sale under paragraph (1) 
     consideration in accordance with the schedule of payments 
     described in the document described in subsection (a)(3)(A).
       (4) Cancellation and retirement of livestock grazing.--
     Beginning on the date identified under paragraph (2)(B)--
       (A) the applicable grazing preference shall be canceled; 
     and
       (B) the associated livestock grazing shall be permanently 
     retired.
       (5) Fencing.--The Secretary shall install and maintain any 
     fencing and other structures required to prevent grazing use 
     of any Federal land on which a grazing preference has been 
     voluntarily sold or donated under this subsection.

     SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Bureau such 
     sums as are necessary to carry out this title.

          TITLE III--TRANSPORTATION AND RECREATION MANAGEMENT

     SEC. 301. TRANSPORTATION PLANS.

       (a) In General.--The Bureau shall develop and implement 
     transportation plans for land managed by the Bureau outside 
     of wilderness areas in the County.
       (b) Consultation and Coordination.--The transportation 
     plans and cooperative agreements shall be developed in 
     consultation and coordination with appropriate Federal 
     Government entities, tribal government entities, and State 
     and local government entities consistent with--
       (1) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.);
       (2) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (3) any other applicable laws.
       (c) Inclusions.--The Bureau shall ensure that all areas of 
     the County managed by the Bureau, including areas that are 
     remote and rarely used for motorized recreation, are included 
     and in transportation plans developed under subsection (a) 
     to--
       (1) provide for management of anticipated growth in 
     recreational use of the land; and
       (2) develop a system to provide a wide range of 
     recreational opportunities and experiences for all users.
       (d) Limitation.--Transportation plans under subsection (a) 
     shall not affect the status of any road adjacent to any 
     wilderness (as depicted on the applicable map).

[[Page S2817]]

       (e) System of Routes.--
       (1) In general.--Each transportation plan under subsection 
     (a) shall--
       (A) establish a system of designated roads and trails;
       (B) include a multiple use recreational trail system, that 
     provides a wide range of recreational opportunities and 
     experiences for all users while protecting natural and 
     cultural resources;
       (C) limit the use of motorized and mechanized vehicles to 
     designated roads and trails;
       (D) address use of snow vehicles on roads, trails, and 
     areas designated for such use;
       (E) be based on resource and route inventories;
       (F) include designation of routes and route systems that 
     are open or closed; and
       (G) include provisions relating to, with respect to the 
     applicable land--
       (i) trail construction and reconstruction;
       (ii) road and trail closure;
       (iii) seasonal closures or restrictions;
       (iv) restoration of disturbed areas;
       (v) monitoring;
       (vi) maintenance;
       (vii) maps;
       (viii) signs;
       (ix) education; and
       (x) enforcement.
       (2) Temporary limitation.--
       (A) In general.--Except as provided in subparagraph (B), 
     until the date on which the Bureau completes transportation 
     planning, all recreational motorized and mechanized off-
     highway vehicle use shall be limited to roads and trails in 
     existence on the day before the date of enactment of this 
     Act.
       (B) Exceptions.--
       (i) In general.--Subparagraph (A) shall not apply to areas 
     specifically identified as open, closed, or limited under the 
     Owyhee resource management plan.
       (ii) Hemmingway butte area.--Notwithstanding subparagraph 
     (A), the Bureau may take into consideration maintaining the 
     Hemmingway Butte area as open to cross-country travel.
       (f) Schedule.--
       (1) Owyhee front.--Not later than 1 year after the date of 
     enactment of this Act, the Bureau shall complete a 
     transportation plan for the Owyhee Front.
       (2) Other federal lands in the county.--Not later than 3 
     years after the date of enactment of this Act, the Bureau 
     shall complete a transportation plan for Federal land in the 
     County outside the Owyhee Front.

     SEC. 302. AUTHORITY.

       Transportation and travel management under this title shall 
     not affect the authority of the Bureau to manage or regulate 
     off-highway vehicle use under title 43, Code of Federal 
     Regulations (as in effect on September 25, 2005).

     SEC. 303. COOPERATIVE AGREEMENTS.

       (a) In General.--As soon as practicable, after the date of 
     enactment of this Act, the Bureau shall offer to enter into 
     cooperative agreements with the County--
       (1) to establish a cooperative search and rescue program; 
     and
       (2) to implement and enforce the transportation plans 
     described in this section.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Bureau such sums as are necessary--
       (1) to carry out search and rescue operations in the 
     County; and
       (2) to develop, implement, and enforce off-highway motor 
     vehicle transportation plans under this section.

     SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Bureau such 
     sums as are necessary to accelerate completion and 
     implementation by the Bureau of the transportation plan for 
     the Owyhee Front and subsequent transportation plans for the 
     remainder of the County.

                      TITLE IV--CULTURAL RESOURCES

     SEC. 401. FINDINGS.

       Congress finds that--
       (1) the County is rich in history and culture going back 
     thousands of years;
       (2) the cultural and historical resources important to the 
     people and ancestors of the Tribes must be protected against 
     abuse and desecration, whether intentional or unintentional;
       (3) there are opportunities--
       (A) to increase knowledge of cultural resources;
       (B) to monitor influences from outside forces; and
       (C) to improve the inspection and supervision of major 
     cultural sites;
       (4) inventory and monitoring programs that identify and 
     document cultural sites and the condition of those sites over 
     time would--
       (A) assist in ensuring the preservation of the sites; and
       (B) help to focus resources--
       (i) to ensure compliance with prohibitions against 
     destruction and or removal of cultural items; and
       (ii) to prevent inadvertent negative impacts;
       (5) the Owyhee Initiative Agreement will--
       (A) support a broad range of measures to protect cultural 
     sites and resources important to the continuation of the 
     traditions and beliefs of the Tribes; and
       (B) provide for the implementation of the Plan; and
       (6) the implementation of the Plan should--
       (A) be consistent with the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450 et seq.); and
       (B) recognize that--
       (i) the right of Indians to self-government results from 
     the inherent sovereignty of Indian tribes; and
       (ii) the United States--

       (I) has a special and unique legal and political 
     relationship with federally recognized Indian tribes; and
       (II) is obligated to develop a government-to-government 
     relationship with Indian tribes under the Constitution, 
     treaties, Federal law, and the course of dealings with Indian 
     tribes.

     SEC. 402. IMPLEMENTATION.

       The Tribes shall implement the Plan.

     SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Tribes to 
     carry out this title--
       (1) $900,000 for fiscal year 2008; and
       (2) $900,000 for each of fiscal years 2009 through 2012.
                                 ______
                                 
      By Mr. ROCKEFELLER (for himself, Mr. Cornyn, Mr. Kohl, Ms. Snowe, 
        and Mr. Coleman):
  S. 803. A bill to repeal a provision enacted to end Federal matching 
of State spending of child support incentive payments; to the Committee 
on Finance.
  Mr. ROCKFELLER. Mr. President, today I am proud to join with 
bipartisan colleagues, Senators Cornyn, Kohl, Snowe, and Coleman, to 
try to increase investments in the successful Child Support Enforcement 
program.
  Our Federal child support enforcement is an extraordirary program. In 
2005, the program collected $23 billion to serve 16 million children 
and families, with a Federal investment of only approximately $4 
billion. For every dollar invested in this Program, there is a return 
of $4.58. This program is a real bargain.
  Child support enforcement is a program that deserves more investment 
because it works, and because it provides long term support for 
children. The historic welfare reform of 1996 changed Federal 
assistance to families with children to a temporary program that only 
provides 60 months of support. Currently 3.4 million children are 
cotered by welfare reform. Child support serves more children, and 
helps to ensure that their parents provide support until the age of 18. 
This program is essential for families, and it promotes our fundamental 
value of parental responsibility.
  As part of the Deficit Reduction Act of 2006, new limits were imposed 
on Federal incentive funds to prohibit the match. While this provision 
saved almost $3 billion, the Congressional Budget Office (CBO) 
estimated that children and families would loose $8.3 billion. That is 
a bad deal.
  Our bill is designed to fix this problem and continue to invest in a 
program that has been proven to work so well for our children and 
families. In my personal view, it is better to encourage families to 
rely on child support from their parents first.
  In the past, my State of West Virginia has used its incentive 
payments and matching funding to support computers and staff 
investments. According to our West Virginia Bureau, prior to incentive 
funding, the agency had 18 percent to 20 percent staff turnover. But 
with incentive funding, staff turnover has been reduced to 10 percent 
and West Virginia collections are up to $180 million. This is very good 
for my State.
  I believe this bipartisan bill will be a good deal for child support 
enforcement, our children and families, and our States.
  I ask unanimous consent that, three letters of support and the text 
of the bill be printed in the Record. I truly appreciate the support of 
National Conference of State Legislatures, The National Child Support 
Enforcement Association, and the joint support of advocacy groups of 
Center for Law and Social Policy, the National Women's Law Center and 
the Coalition on Human Needs.
  There being no objection, the letters and bill were ordered to be 
printed in the Record, as follows:

                                               National Conference


                                        of State Legislatures,

                                    Washington, DC, March 6, 2007.
     U.S. Senate,
     Washington, DC.
       Dear Senators Rockefeller, Cornyn, Kohl, Snowe, and 
     Coleman: NCSL strongly supports your legislation repealing 
     the provision in the Deficit Reduction Act of 2005 that 
     prohibits states from using child support incentive funds to 
     match federal funds for the program. When this action was 
     taken, the Congressional Budget Office identified the cut as 
     an intergovernmental mandate that exceeds the threshold of 
     the Unfunded Mandate Reform Act.

[[Page S2818]]

       States have used incentive funds to draw down federal funds 
     used for integral parts of the child support enforcement 
     program. The funds have allowed states to establish and 
     enforce child support obligations, obtain health care 
     coverage for children, and link low-income fathers to job 
     programs. The cut ignored the fact that funds for child 
     support enforcement are used effectively and responsibly. In 
     fact, the child support enforcement program received a 
     Program Assessment Rating Tool (PART) rating of 
     ``effective,'' and continues to be one of the highest rated 
     block or formula grants of all federal programs.
       Consistent child support helps save children from being 
     raised in poverty. Reductions in child support administrative 
     funds inevitably lead to lower child support collections, 
     leaving families less able to achieve self-sufficiency.
       State legislators applaud your efforts to undo this ill-
     considered action of the previous Congress. We urge the 110th 
     Congress to adopt your bill. Please have your staff contact 
     Sheri Steisel or Lee Posey for further information or 
     assistance.
           Sincerely,
     Sandy Rosenberg,
       Delegate, Maryland, Chairman, NCSL Human Services and 
     Welfare Committee.
     Leticia Van de Putte,
       Senator, Texas, President, NCSL.
     Donna Stone,
       Representative, Delaware, President Elect, NCSL.
                                  ____

                                            National Child Support


                                      Enforcement Association,

                                                    March 6, 2007.
     Hon. Jay Rockefeller,
     Hon. John Cornyn,
     Hon. Herb Kohl,
     Hon. Olympia Snowe,
     Hon. Norm Coleman.
       Dear Senators: I am sending this letter on behalf of the 
     National Child Support Enforcement Association (NCSEA) in 
     strong support of your bill to restore the authority for 
     states to use performance incentives as match for federal 
     funds for the child support enforcement program.
       NCSEA is a nonprofit, membership organization representing 
     the child support community--a workforce of over 60,000. 
     NCSEA's mission is to promote the well-being of children 
     through professional development of its membership, advocacy 
     and public awareness. NCSEA's membership includes line/
     managerial/executive child support staff; state and local 
     agencies; judges; court masters; hearing officers; government 
     and private attorneys; social workers; advocates; 
     corporations that partner with government to provide child 
     support services and private collection firms.
       The child support enforcement program operates in all 
     states as provided by Title IV-D of the federal Social 
     Security Act. The program enjoys healthy partnerships with 
     the federal Office of Child Support Enforcement, and a large 
     and varied group of stakeholders. Courts and law enforcement 
     officials carry out many of the day to day functions; 
     employers collect almost 80% of child support through income 
     withholding, hospitals assist with paternity acknowledgment, 
     and other state and local agencies provide enforcement 
     services and related services to assist obligors in finding 
     and maintaining employment. We share a common mission that is 
     reflected in the program's National Strategic Plan:

       To enhance the well-being of children by assuring that 
     assistance in obtaining support, including financial and 
     medical, is available to children through locating parents, 
     establishing paternity, establishing support obligations, and 
     monitoring and enforcing those obligations.

       One of the unique features of the child support enforcement 
     program is that unlike government public assistance programs, 
     it has a major interstate component, and requires close 
     collaboration among the states to provide services on behalf 
     of children whose parents live in different states. In 
     today's mobile society, strong interstate collaboration and 
     comparable levels of service across state lines are 
     essential. Collectively, the program provides services on 
     behalf of over 17 million children--representing nearly one 
     quarter of the nation's children. If one or more states do 
     not have the resources to operate effective programs, there 
     are repercussions across the entire network of states in the 
     child support system. The bottom line is that some of the 
     children who depend upon the program will fall through the 
     cracks.
       We are proud of the accomplishments of the program, but are 
     continually striving to do more. The program is cost 
     effective, goal oriented, and accountable for results. It has 
     received recognition from the highest levels of government at 
     the federal, state, and local levels. One of these was an OMS 
     Program Assessment Rating Tool (PART) score of 90 percent, 
     representing the highest rating among all social services and 
     block grant/formula programs.
       The Deficit Reduction Act of 2005 (P.L. 109-171), passed by 
     a closely divided Congressional vote, made major cuts to 
     child support funding, including eliminating the purposeful 
     federal match on incentive payments, reducing the match rate 
     for paternity testing, and imposing a collection fee on 
     parents. States were required to implement the collection of 
     the fee in October 2007 unless legislation was required. The 
     first two provisions are effective on October 1, 2008, unless 
     reversed by Congress.
       States and child support organizations have been working 
     hard to address these drastic funding reductions, and with 
     all honesty, the plans that are being made are not good for 
     the families served by this nationally recognized program. 
     Our members report that vital services may be eliminated or 
     substantially reduced as budgets and staffing are cut. 
     Important to the effectiveness of the program is the ability 
     to take action quickly to establish paternity and an 
     obligation to support. States report that early intervention 
     results in more regular support payments and more involvement 
     of the father in the life of the child. Just as importantly, 
     close monitoring and on-ongoing enforcement are vital to the 
     regular receipt of child support payments. This close 
     monitoring and interaction with the obligor ensures that 
     those parents who need assistance in finding and maintaining 
     employment are helped.
       As states lose resources, they will be less able to timely 
     perform ``core'' functions such as paternity establishment, 
     order establishment, enforcement and distribution of 
     payments. The progress the program has made toward improved 
     performance will be jeopardized. In addition, states will 
     have to make tough choices, perhaps sacrificing customer 
     service, outreach to incarcerated parents, and fatherhood 
     programs in favor of funding only the ``essential'' service 
     areas.
       The Congressional Budget Office (CBO) estimated that child 
     support collections would be reduced by $8.4 billion as a 
     result of the federal cuts contained in the Deficit Reduction 
     Act. (The actual number may be higher based on new scoring 
     from the CBO.) CBO assumed that states would make up half of 
     the funding gap resulting from federal cuts to the program. 
     While states are working to secure adequate funding for the 
     program, as of today no state has had a budget increase 
     approved by its state legislature. Twenty-three (23) states 
     have not yet made a request for additional funding. Many 
     state budgets are so tight that a request for additional 
     funding is not feasible. It is also important to keep in mind 
     that even if additional state funding is approved during the 
     current budget cycle, it does not guarantee adequate funding 
     in the future.
       As the Congress works to address needs of America's 
     families both in the federal budget and in other funding 
     authorization bills, we urge you to consider the needs for 
     strong and fair child support enforcement. Children who don't 
     receive regular financial support from both parents are 
     disadvantaged in a number of ways. Children need the 
     resources provided by child support payments from parents to 
     compete in our complex society. Parents need access to a 
     child support system that determines equitable child support 
     awards, monitors and enforces obligations, and transfers 
     payments from the obligor to custodial parent quickly. State 
     and local child support agencies have a successful history of 
     performing these important tasks, doubling their child 
     support collection rates since Congress enacted the 1996 
     welfare reform legislation. Taxpayers are well served by a 
     strong child support program that increases family self-
     sufficiency and decreases dependence on public assistance.
       Your interest in the child support program and commitment 
     to the families served by the state and local programs is 
     once again evidenced with your sponsorship of this critical 
     funding bill. The child support program has long enjoyed 
     strong bi-partisan support and we are most pleased to see 
     that support clearly shown in your sponsorship.
       Please consider NCSEA as a resource to you and to your 
     colleagues and staff as you proceed with this legislation. We 
     stand ready to provide you details on what we do, how our 
     members use federal funds, the impact of funding reductions, 
     our efforts to improve the quality of our services to 
     families, and any other information you need to make an 
     informed decision.
       Thank you for your advocacy on behalf of children and 
     families served by this important program.
           Sincerely yours,
                                                Mary Ann Wellbank,
     President.
                                  ____



                                  National Women's Law Center,

                             Center for Law and Social Policy,

                                     Coalition on Human Needs,

                                                    March 7, 2007.
     Hon. Jay Rockefeller,
     Hon. John Cornyn,
     Hon. Herb Kohl,
     Hon. Olympia Snowe,
     Hon. Norm Coleman.
       Dear Senators: The National Women's Law Center, Center for 
     Law and Social Policy, and Coalition on Human Needs, 
     organizations that have worked for years to strengthen child 
     support enforcement, strongly support your bill to restore 
     funding for child support enforcement to ensure that children 
     continue to receive the support they deserve from both their 
     parents.
       The federal-state child support enforcement program 
     provides services to over 17 million children. In FY 2005, it 
     collected $23 billion in child support from noncustodial 
     parents at a total cost of $5 billion to the federal and 
     state governments: $4.58 in collections for every $1 
     invested, making it highly cost-effective. All families in 
     need of child support enforcement services are eligible, but 
     most of the families that rely on the

[[Page S2819]]

     program are low- and moderate-income families. Families that 
     formerly received public assistance make up nearly half (46 
     percent) of the caseload; current recipients represent 16 
     percent of the caseload.
       Child support helps families escape poverty, provide for 
     their children's needs, and avoid a return to welfare. But 
     the cuts to child support enforcement funding included in 
     last year's Deficit Reduction Act will significantly reduce 
     child support collections for families and impede paternity 
     establishment, as states and counties reduce staff, forgo 
     computer upgrades, and abandon promising initiatives. Last 
     year, the Congressional Budget Office estimated that $8.4 
     billion in child support will go uncollected over the next 10 
     years.
       Your bill would protect child support enforcement services 
     by restoring the federal match for incentive funds that 
     states reinvest in the child support program. This match is a 
     key part of the results-based incentive payment system, 
     overhauled by the Child Support Performance Incentive Act 
     (CSPIA) of 1998, that has given states the incentives--and 
     the resources--to dramatically improve their child support 
     programs. Over the past 10 years, child support collection 
     rates have doubled, and the program has been strengthened on 
     a nationwide basis, thanks to the implementation of child 
     support reforms enacted by Congress as part of the 1996 
     welfare reform law.
       On a bipartisan basis, Congress has enacted significant 
     reforms to child support enforcement that are making a real 
     difference in children's lives. Your bill would prevent this 
     progress from unraveling.
       We thank you for your leadership on behalf of children and 
     families.
           Sincerely,
     Joan Entmacher,
       Vice President, Family Economic Security, National Women's 
     Law Center.
     Vicki Turetsky,
       Senior Staff Attorney, Center for Law and Social Policy.
     Debbie Weinstein,
       Executive Director, Coalition on Human Needs.
                                  ____


                                 S. 803

       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 ``Child Support Protection Act 
     of 2007''.

     SEC. 2. REPEAL OF PROVISION ENACTED TO END FEDERAL MATCHING 
                   OF STATE SPENDING OF CHILD SUPPORT INCENTIVE 
                   PAYMENTS.

       Section 7309 of the Deficit Reduction Act of 2005 (Public 
     Law 109-171, 120 Stat. 147) is repealed.

  Mr. CORNYN. Mr. President, I am proud to cosponsor the Child Support 
Protection Act of 2007 so State child support enforcement agencies may 
continue the extraordinary progress and cost-effectiveness they have 
developed in child support collections in recent years.
  This legislation is necessary to avoid a reversal in the dramatic 
improvements in the child support program's performance over the past 
decade. Without it, many families may be forced back into the welfare 
caseload.
  Child support enforcement reduces reliance on Medicaid, Temporary 
Assistance for Needy Families (TANF), and other social service 
programs. Effective enforcement enables former welfare families, and 
working families with modest incomes, to receive this important source 
of supplemental income and gain the self-sufficiency to avoid having to 
draw on government resources through public assistance programs. In 
fact, over 1 million Americans were lifted out of poverty through the 
child support program in 2002.
  In 2004, collections nationwide totaled $21.9 billion, while total 
program costs were $5.3 billion. For every $1 spent in child support 
enforcement, $4.38 is collected for children who need it. Because of 
this rate of return, the President's budget continually rates the 
program as ``one of the highest rated block/formula grants of all 
reviewed programs government-wide. This high rating is due to its 
strong mission, effective management, and demonstration of measurable 
progress toward meeting annual and long term performance measures.''
  In particular, the Texas child support program has made significant 
strides over the past seven years in collections, performance, and 
efficiency, all of which will be seriously undermined without this 
vital legislation.
  I speak with authority on this matter. During my tenure as Attorney 
General of Texas, the Child Support Division made dramatic increases in 
collections from deadbeat parents, and the office continues to bring in 
record collections each year. Texas now ranks second in the Nation in 
total collections--with collections in Fiscal Year 2006 surpassing $2 
billion--a figure that has doubled since Fiscal Year 2000.
  This outstanding performance has earned the program the second 
highest Federal performance incentive award for the past 3 years. 
Because the Texas program has achieved that level of performance, the 
prohibition on using incentive payments to draw down matching Federal 
funds for program expenditures will have a much greater impact on Texas 
than on the 48 other States ranked below it. The loss of the match on 
incentive payments effectively punishes Texas's success. Unless we pass 
this legislation, the Child Support Division in the Office of the Texas 
Attorney General will face a dramatic reduction in federal financial 
participation and may be forced to close many offices throughout the 
State.
  I ask unanimous consent to print in the Record the following letter 
from the National Child Support Enforcement Association supporting this 
legislation.
  I look forward to this bill's consideration in the future.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                            National Child Support


                                      Enforcement Association,

                                    Washington, DC, March 6, 2007.
     Hon. Jay Rockefeller,
     Hon. John Cornyn,
     Hon. Herb Kohl,
     Hon. Olympia Snowe,
     Hon. Norm Coleman.
       Dear Senators: I am sending this letter on behalf of the 
     National Child Support Enforcement Association (NCSEA) in 
     strong support of your bill to restore the authority for 
     states to use performance incentives as match for federal 
     funds for the child support enforcement program.
       NCSEA is a nonprofit, membership organization representing 
     the child support community--a workforce of over 60,000. 
     NCSEA's mission is to promote the well-being of children 
     through professional development of its membership, advocacy 
     and public awareness. NCSEA's membership includes line/
     managerial/executive child support staff; state and local 
     agencies; judges; court masters; hearing officers; government 
     and private attorneys; social workers; advocates; 
     corporations that partner with government to provide child 
     support services and private collection firms.
       The child support enforcement program operates in all 
     states as provided by Title IV-D of the federal Social 
     Security Act. The program enjoys healthy partnerships with 
     the federal Office of Child Support Enforcement, and a large 
     and varied group of stakeholders. Courts and law enforcement 
     officials carry out many of the day to day functions; 
     employers collect almost 80 percent of child support through 
     income withholding, hospitals assist with paternity 
     acknowledgment, and other state and local agencies provide 
     enforcement services and related services to assist obligors 
     in finding and maintaining employment. We share a common 
     mission that is reflected in the program's National Strategic 
     Plan:
       To enhance the well-being of children by assuring that 
     assistance in obtaining support, including financial and 
     medical, is available to children through locating parents, 
     establishing paternity, establishing support obligations, and 
     monitoring and enforcing those obligations.
       One of the unique features of the child support enforcement 
     program is that unlike government public assistance programs, 
     it has a major interstate component, and requires close 
     collaboration among the states to provide services on behalf 
     of children whose parents live in different states. In 
     today's mobile society, strong interstate collaboration and 
     comparable levels of service across state lines are 
     essential. Collectively, the program provides services on 
     behalf of over 17 million children--representing nearly one 
     quarter of the nation's children. If one or more states do 
     not have the resources to operate effective programs, there 
     are repercussions across the entire network of states in the 
     child support system. The bottom line is that some of the 
     children who depend upon the program will fall through the 
     cracks.
       We are proud of the accomplishments of the program, but are 
     continually striving to do more. The program is cost 
     effective, goal oriented, and accountable for results. It has 
     received recognition from the highest levels of government at 
     the federal, state, and local levels. One of these was an OMS 
     Program Assessment Rating Tool (PART) score of 90 percent, 
     representing the highest rating among all social services and 
     block grant/formula programs.

[[Page S2820]]

       The Deficit Reduction Act of 2005 (P.L. 109-171), passed by 
     a closely divided Congressional vote, made major cuts to 
     child support funding, including eliminating the purposeful 
     federal match on incentive payments, reducing the match rate 
     for paternity testing, and imposing a collection fee on 
     parents. States were required to implement the collection of 
     the fee in October 2007 unless legislation was required. The 
     first two provisions are effective on October 1, 2008, unless 
     reversed by Congress
       States and child support organizations have been working 
     hard to address these drastic funding reductions, and with 
     all honesty, the plans that are being made are not good for 
     the families served by this nationally recognized program. 
     Our members report that vital services may be eliminated or 
     substantially reduced as budgets and staffing are cut 
     Important to the effectiveness of the program is the ability 
     to take action quickly to establish paternity and an 
     obligation to support. States report that early intervention 
     results in more regular support payments and more involvement 
     of the father in the life of the child. Just as importantly, 
     close monitoring and on-ongoing enforcement are vital to the 
     regular receipt of child support payments. This close 
     monitoring and interaction with the obligor ensures that 
     those parents who need assistance in finding and maintaining 
     employment are helped.
       As states lose resources, they will be less able to timely 
     perform ``core'' functions such as paternity establishment, 
     order establishment, enforcement and distribution of 
     payments. The progress the program has made toward improved 
     performance will be jeopardized. In addition, states will 
     have to make tough choices, perhaps sacrificing customer 
     service, outreach to incarcerated parents, and fatherhood 
     programs in favor of funding only the ``essential'' service 
     areas.
       The Congressional Budget Office (CBO) estimated that child 
     support collections would be reduced by $8.4 billion as a 
     result of the federal cuts contained in the Deficit Reduction 
     Act. (The actual number may be higher based on new scoring 
     from the CBO.) CBO assumed that states would make up half of 
     the funding gap resulting from federal cuts to the program. 
     While states are working to secure adequate funding for the 
     program, as of today no state has had a budget increase 
     approved by its state legislature. Twenty-three (23) states 
     have not yet made a request for additional funding. Many 
     state budgets are so tight that a request for additional 
     funding is not feasible. It is also important to keep in mind 
     that even if additional state funding is approved during the 
     current budget cycle, it does not guarantee adequate funding 
     in the future.
       As the Congress works to address needs of America's 
     families both in the federal budget and in other funding 
     authorization bills, we urge you to consider the needs for 
     strong and fair child support enforcement. Children who don't 
     receive regular financial support from both parents are 
     disadvantaged in a number of ways. Children need the 
     resources provided by child support payments from parents to 
     compete in our complex society. Parents need access to a 
     child support system that determines equitable child support 
     awards, monitors and enforces obligations, and transfers 
     payments from the obligor to custodial parent quickly. State 
     and local child support agencies have a successful history of 
     performing these important tasks, doubling their child 
     support collection rates since Congress enacted the 1996 
     welfare reform legislation. Taxpayers are well served by a 
     strong child support program that increases family self-
     sufficiency and decreases dependence on public assistance.
       Your interest in the child support program and commitment 
     to the families served by the state and local programs is 
     once again evidenced with your sponsorship of this critical 
     funding bill. The child support program has long enjoyed 
     strong bi-partisan support and we are most pleased to see 
     that support clearly shown in your sponsorship.
       Please consider NCSEA as a resource to you and to your 
     colleagues and staff as you proceed with this legislation. We 
     stand ready to provide you details on what we do, how our 
     members use federal funds, the impact of funding reductions, 
     our efforts to improve the quality of our services to 
     families, and any other information you need to make an 
     informed decision.
       Thank you for your advocacy on behalf of children and 
     families served by this important program.
           Sincerely yours,
                                                Mary Ann Wellbank,
                                                        President.

  Mr. KOHL. In Congress, we rarely have the opportunity to consider a 
simple, straightforward issue. It is uncommon when we can debate an 
issue with significant bipartisan support; one that the Senate has a 
strong record on. And it seems exceptional when we are able to show our 
support for a Federal program that really works.
  But the legislation my colleagues and I are introducing today gives 
us that rare opportunity. Our legislation restores cuts to the child 
support enforcement program. The program helps States collect support 
that is owed to hardworking, single parent families. It is one of the 
most effective Federal programs, collecting more than $4 in child 
support for every dollar spent. And the Senate already has a strong 
record in support of the child support enforcement program, with 76 
Senators voting for a resolution that rejected cuts to the program.
  Which is why I was so disappointed when conferees included in the 
Deficit Reduction Act a provision to prevent, States from receiving 
Federal matching funds on incentive payments. While the scope of this 
provision may have seemed narrow to the conferees, the impact has been 
felt throughout the country. And my State of Wisconsin has felt it more 
than most--as a high-performing State, Wisconsin stands to lose more 
Federal funding than a State with a poorer enforcement record. Congress 
should not send the message to States that they will be penalized for 
success--but that's exactly what the child support funding cuts did.
  I fought against the Deficit Reduction Act, because I knew these cuts 
would hurt Wisconsin families. The impact has been clear. The cuts are 
so damaging--and the program so important--that one Wisconsin community 
has decided to hold a raffle, to raise funds for their child support 
enforcement program. I have heard from child support directors who will 
be forced by budget cuts to fire staff. And I have heard from scared 
constituents who are owed child support that they worry they will never 
see.
  That is why I am proud to join Senators Rockefeller, Cornyn, Snowe 
and Coleman in introducing this legislation. By repealing the DRA cuts, 
we help our States, our counties--and most importantly--we help those 
constituents relying on child support payments.
  I urge my colleagues to take this rare opportunity--to do what's 
simple, to support the Senate's record, and to vote in favor of a 
program with proven success at helping our nation's children.
  I thank my colleagues.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Coleman, Mr. Feingold, Mr. Dodd, 
        Mr. Kerry, and Mr. Bingaman):
  S. 805. A bill to amend the Foreign Assistance Act of 1961 to assist 
countries in sub-Saharan Africa in the effort to achieve 
internationally recognized goals in the treatment and prevention of 
HIV/AIDS and other major diseases and the reduction of maternal and 
child mortality by improving human health care capacity and improving 
retention of medical health professionals in sub-Saharan Africa, and 
for other purposes; to the Committee on Foreign Relations.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 805

       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 ``African Health Capacity 
     Investment Act of 2007''.

     SEC. 2. DEFINITIONS.

       In this Act, the term ``HIV/AIDS'' has the meaning given 
     such term in section 104A(g) of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2151b-2(g)).

     SEC. 3. FINDINGS.

       Congress makes the following findings:
       (1) The World Health Report, 2003, Shaping the Future, 
     states, ``The most critical issue facing health care systems 
     is the shortage of people who make them work.''.
       (2) The World Health Report, 2006, Working Together for 
     Health, states, ``The unmistakable imperative is to 
     strengthen the workforce so that health systems can tackle 
     crippling diseases and achieve national and global health 
     goals. A strong human infrastructure is fundamental to 
     closing today's gap between health promise and health reality 
     and anticipating the health challenges of the 21st 
     century.''.
       (3) The shortage of health personnel, including doctors, 
     nurses, pharmacists, counselors, laboratory staff, 
     paraprofessionals, and trained lay workers is one of the 
     leading obstacles to fighting HIV/AIDS in sub-Saharan Africa.
       (4) The HIV/AIDS pandemic aggravates the shortage of health 
     workers through loss of life and illness among medical staff, 
     unsafe working conditions for medical personnel, and 
     increased workloads for diminished staff, while the shortage 
     of health personnel undermines efforts to prevent and provide 
     care and treatment for those with HIV/AIDS.
       (5) Workforce constraints and inefficient management are 
     limiting factors in the treatment of tuberculosis, which 
     infects over \1/3\ of the global population.
       (6) Over 1,200,000 people die of malaria each year. More 
     than 75 percent of these deaths

[[Page S2821]]

     occur among African children under the age of 5 years old and 
     the vast majority of these deaths are preventable. The 
     Malaria Initiative of President George W. Bush seeks to 
     reduce dramatically the disease burden of malaria through 
     both prevention and treatment. Paraprofessionals and 
     community healthworkers can be instrumental in reducing 
     mortality and economic losses associated with malaria and 
     other health problems.
       (7) For a woman in sub-Saharan Africa, the lifetime risk of 
     maternal death is 1 out of 16. In highly developed countries, 
     that risk is 1 out of 2,800. Increasing access to skilled 
     birth attendants and access to emergency obstetrical care is 
     essential to reducing maternal and newborn mortality in sub-
     Saharan Africa.
       (8) The Second Annual Report to Congress on the progress of 
     the President's Emergency Plan for AIDS Relief identifies the 
     strengthening of essential health care systems through health 
     care networks and infrastructure development as critical to 
     the sustainability of funded assistance by the United States 
     Government and states that ``outside resources for HIV/AIDS 
     and other development efforts must be focused on 
     transformational initiatives that are owned by host 
     nations''. This report further states, ``Alongside efforts to 
     support community capacity-building, enhancing the capacity 
     of health care and other systems is also crucial for 
     sustainability. Among the obstacles to these efforts in many 
     nations are inadequate human resources and capacity, limited 
     institutional capacity, and systemic weaknesses in areas such 
     as: quality assurance; financial management and accounting; 
     health networks and infrastructure; and commodity 
     distribution and control.''.
       (9) Vertical disease control programs represent vital 
     components of United States foreign assistance policy, but 
     human resources for health planning and management often 
     demands a more systematic approach.
       (10) Implementation of capacity-building initiatives to 
     promote more effective human resources management and 
     development may require an extended horizon to produce 
     measurable results, but such efforts are critical to 
     fulfillment of many internationally recognized objectives in 
     global health.
       (11) The November 2005 report of the Working Group on 
     Global Health Partnerships for the High Level Forum on the 
     Health Millennium Development Goals entitled ``Best Practice 
     Principles for Global Health Partnership Activities at 
     Country Level'', raises the concern that the collective 
     impact of various global health programs now risks 
     ``undermining the sustainability of national development 
     plans, distorting national priorities, diverting scarce human 
     resources and/or establishing uncoordinated service delivery 
     structures'' in developing countries. This risk underscores 
     the need to coordinate international donor efforts for these 
     vital programs with one another and with recipient countries.
       (12) The emigration of significant numbers of trained 
     health care professionals from sub-Saharan African countries 
     to the United States and other wealthier countries 
     exacerbates often severe shortages of health care workers, 
     undermines economic development efforts, and undercuts 
     national and international efforts to improve access to 
     essential health services in the region.
       (13) Addressing this problem, commonly referred to as 
     ``brain drain'', will require increased investments in the 
     health sector by sub-Saharan African governments and by 
     international partners seeking to promote economic 
     development and improve health care and mortality outcomes in 
     the region.
       (14) Virtually every country in the world, including the 
     United States, is experiencing a shortage of health workers. 
     The Joint Learning Initiative on Human Resources for Health 
     and Development estimates that the global shortage exceeds 
     4,000,000 workers. Shortages in sub-Saharan Africa, however, 
     are far more acute than in any other region of the world. The 
     World Health Report, 2006, states that ``[t]he exodus of 
     skilled professionals in the midst of so much unmet health 
     need places Africa at the epicentre of the global health 
     workforce crisis.''.
       (15) Ambassador Randall Tobias, now the Director of United 
     States Foreign Assistance and Administrator of the United 
     States Agency for International Development, has stated that 
     there are more Ethiopian trained doctors practicing in 
     Chicago than in Ethiopia.
       (16) According to the United Nations Development Programme, 
     Human Development Report 2003, approximately 3 out of 4 
     countries in sub-Saharan Africa have fewer than 20 physicians 
     per 100,000 people, the minimum ratio recommended by the 
     World Health Organization, and 13 countries have 5 or fewer 
     physicians per 100,000 people.
       (17) Nurses play particularly important roles in sub-
     Saharan African health care systems, but approximately \1/4\ 
     of sub-Saharan African countries have fewer than 50 nurses 
     per 100,000 people or less than \1/2\ the staffing levels 
     recommended by the World Health Organization.
       (18) Paraprofessionals and community health workers can be 
     trained more quickly than nurses or doctors and are 
     critically needed in sub-Saharan Africa to meet immediate 
     health care needs.
       (19) Imbalances in the distribution of countries' health 
     workforces represents a global problem, but the impact is 
     particularly acute in sub-Saharan Africa.
       (20) In Malawi, for example, more than 95 percent of 
     clinical officers are in urban health facilities, and about 
     25 percent of nurses and 50 percent of physicians are in the 
     4 central hospitals of Malawi. Yet the population of Malawi 
     is estimated to be 87 percent rural.
       (21) In parts of sub-Saharan Africa, such as Kenya, 
     thousands of qualified health professionals are employed 
     outside the health care field or are unemployed despite job 
     openings in the health sector in rural areas because poor 
     working and living conditions, including poor educational 
     opportunities for children, transportation, and salaries, 
     make such openings unattractive to candidates.
       (22) The 2002 National Security Strategy of the United 
     States stated, ``The scale of the public health crisis in 
     poor countries is enormous. In countries afflicted by 
     epidemics and pandemics like HIV/AIDS, malaria, and 
     tuberculosis, growth and development will be threatened until 
     these scourges can be contained. Resources from the developed 
     world are necessary but will be effective only with honest 
     governance, which supports prevention programs and provides 
     effective local infrastructure.''.
       (23) Public health deficiencies in sub-Saharan Africa and 
     other parts of the developing world reduce global capacities 
     to detect and respond to potential crises, such as an avian 
     flu pandemic.
       (24) On September 28, 2005, Secretary of State Condoleezza 
     Rice declared that ``HIV/AIDS is not only a human tragedy of 
     enormous magnitude; it is also a threat to the stability of 
     entire countries and to the entire regions of the world.''.
       (25) Foreign assistance by the United States that expands 
     local capacities, provides commodities or training, or builds 
     on and enhances community-based and national programs and 
     leadership can increase the impact, efficiency, and 
     sustainability of funded efforts by the United States.
       (26) African health care professionals immigrate to the 
     United States for the same set of reasons that have led 
     millions of people to come to this country, including the 
     desire for freedom, for economic opportunity, and for a 
     better life for themselves and their children, and the rights 
     and motivations of these individuals must be respected.
       (27) Helping countries in sub-Saharan Africa increase 
     salaries and benefits of health care professionals, improve 
     working conditions, including the adoption of universal 
     precautions against workplace infection, improve management 
     of health care systems and institutions, increase the 
     capacity of health training institutions, and expand 
     education opportunities will alleviate some of the pressures 
     driving the migration of health care personnel from sub-
     Saharan Africa.
       (28) While the scope of the problem of dire shortfalls of 
     personnel and inadequacies of infrastructure in the sub-
     Saharan African health systems is immense, effective and 
     targeted interventions to improve working conditions, 
     management, and productivity would yield significant 
     dividends in improved health care.
       (29) Failure to address the shortage of health care 
     professionals and paraprofessionals, and the factors pushing 
     individuals to leave sub-Saharan Africa will undermine the 
     objectives of United States development policy and will 
     subvert opportunities to achieve internationally recognized 
     goals for the treatment and prevention of HIV/AIDS and other 
     diseases, in the reduction of child and maternal mortality, 
     and for economic growth and development in sub-Saharan 
     Africa.

     SEC. 4. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the United States should help sub-Saharan African 
     countries that have not already done so to develop national 
     human resource plans within the context of comprehensive 
     country health plans involving a wide range of stakeholders;
       (2) comprehensive, rather than piecemeal approaches to 
     advance multiple sustainable interventions will better enable 
     countries to plan for the number of health care workers they 
     need, determine whether they need to reorganize their health 
     workforce, integrate workforce planning into an overall 
     strategy to improve health system performance and impact, 
     better budget for health care spending, and improve the 
     delivery of health services in rural and other underserved 
     areas;
       (3) in order to promote systemic, sustainable change, the 
     United States should seek, where possible, to strengthen 
     existing national systems in sub-Saharan African countries to 
     improve national capacities in areas including fiscal 
     management, training, recruiting and retention of health 
     workers, distribution of resources, attention to rural areas, 
     and education;
       (4) because foreign-funded efforts to fight HIV/AIDS and 
     other diseases may also draw health personnel away from the 
     public sector in sub-Saharan African countries, the policies 
     and programs of the United States should, where practicable, 
     seek to work with national and community-based health 
     structures and seek to promote the general welfare and 
     enhance infrastructures beyond the scope of a single disease 
     or condition;
       (5) paraprofessionals and community-level health workers 
     can play a key role in prevention, care, and treatment 
     services, and in the more equitable and effective 
     distribution of health resources, and should be integrated 
     into national health systems;
       (6) given the current personnel shortages in sub-Saharan 
     Africa, paraprofessionals and community health workers 
     represent a critical potential workforce in efforts to reduce

[[Page S2822]]

     the burdens of malaria, tuberculosis, HIV/AIDS, and other 
     deadly and debilitating diseases;
       (7) it is critically important that the governments of sub-
     Saharan African countries increase their own investments in 
     education and health care;
       (8) international financial institutions have an important 
     role to play in the achievement of internationally agreed 
     upon health goals, and in helping countries strike the 
     appropriate balance in encouraging effective public 
     investments in the health and education sectors, particularly 
     as foreign assistance in these areas scales up, and promoting 
     macroeconomic stability;
       (9) public-private partnerships are needed to promote 
     creative contracts, investments in sub-Saharan African 
     educational systems, codes of conduct related to recruiting, 
     and other mechanisms to alleviate the adverse impacts on sub-
     Saharan African countries caused by the migration of health 
     professionals;
       (10) colleges and universities of the United States, as 
     well as other members of the private sector, can play a 
     significant role in promoting training in medicine and public 
     health in sub-Saharan Africa by establishing or supporting 
     in-country programs in sub-Saharan Africa through twinning 
     programs with educational institutions in sub-Saharan Africa 
     or through other in-country mechanisms;
       (11) given the substantial numbers of African immigrants to 
     the United States working in the health sector, the United 
     States should enact and implement measures to permit 
     qualified aliens and their family members that are legally 
     present in the United States to work temporarily as health 
     care professionals in developing countries or in other 
     emergency situations, as in S. 2611, of the 109th Congress, 
     as passed by the Senate on May 25, 2006;
       (12) the President, acting through the United States 
     Permanent Representative to the United Nations, should 
     exercise the voice and vote of the United States--
       (A) to ameliorate the adverse impact on less developed 
     countries of the migration of health personnel;
       (B) to promote voluntary codes of conduct for recruiters of 
     health personnel; and
       (C) to promote respect for voluntary agreements in which 
     individuals, in exchange for individual educational 
     assistance, have agreed either to work in the health field in 
     their home countries for a given period of time or to repay 
     such assistance;
       (13) the United States, like countries in other parts of 
     the world, is experiencing a shortage of medical personnel in 
     many occupational specialties, and the shortage is 
     particularly acute in rural and other underserved areas of 
     the country; and
       (14) the United States should expand training opportunities 
     for health personnel, expand incentive programs such as 
     student loan forgiveness for people of the United States 
     willing to work in underserved areas, and take other steps to 
     increase the number of health personnel in the United States.

     SEC. 5. ASSISTANCE TO INCREASE HUMAN CAPACITY IN THE HEALTH 
                   SECTOR IN SUB-SAHARAN AFRICA.

       Chapter 1 of part I of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2151 et seq.) is amended--
       (1) by redesignating the section 135 that was added by 
     section 5 of the Senator Paul Simon Water for the Poor Act of 
     2005 (Public Law 109-121; 22 U.S.C. 2152h note) as section 
     136; and
       (2) by adding at the end the following new section:

     ``SEC. 137. ASSISTANCE TO INCREASE HUMAN CAPACITY IN THE 
                   HEALTH SECTOR IN SUB-SAHARAN AFRICA.

       ``(a) Assistance.--
       ``(1) Authority.--The President is authorized to provide 
     assistance, including providing assistance through 
     international or nongovernmental organizations, for programs 
     in sub-Saharan Africa to improve human health care capacity.
       ``(2) Types of assistance.--Such programs should include 
     assistance--
       ``(A) to provide financial and technical assistance to sub-
     Saharan African countries in developing and implementing new 
     or strengthened comprehensive national health workforce 
     plans;
       ``(B) to build and improve national and local capacities 
     and sustainable health systems management in sub-Saharan 
     African countries, including financial, strategic, and 
     technical assistance for--
       ``(i) fiscal and health personnel management;
       ``(ii) health worker recruitment systems;
       ``(iii) the creation or improvement of computerized health 
     workforce databases and other human resource information 
     systems;
       ``(iv) implementation of measures to reduce corruption in 
     the health sector; and
       ``(v) monitoring, evaluation, and quality assurance in the 
     health field, including the utilization of national and 
     district-level mapping of health care systems to determine 
     capacity to deliver health services;
       ``(C) to train and retain sufficient numbers of health 
     workers, including paraprofessionals and community health 
     workers, to provide essential health services in sub-Saharan 
     African countries, including financing, strategic technical 
     assistance for--
       ``(i) health worker safety and health care, including HIV/
     AIDS prevention and off-site testing and treatment programs 
     for health workers;
       ``(ii) increased capacity for training health professionals 
     and paraprofessionals in such subjects as human resources 
     planning and management, health program management, and 
     quality improvement;
       ``(iii) expanded access to secondary level math and science 
     education;
       ``(iv) expanded capacity for nursing and medical schools in 
     sub-Saharan Africa, with particular attention to incentives 
     or mechanisms to encourage graduates to work in the health 
     sector in their country of residence;
       ``(v) incentives and policies to increase retention, 
     including salary incentives;
       ``(vi) modern quality improvement processes and practices;
       ``(vii) continuing education, distance education, and 
     career development opportunities for health workers;
       ``(viii) mechanisms to promote productivity within existing 
     and expanding health workforces; and
       ``(ix) achievement of minimum infrastructure requirements 
     for health facilities, such as access to clean water;
       ``(D) to support sub-Saharan African countries with 
     financing, technical support, and personnel, including 
     paraprofessionals and community-based caregivers, to better 
     meet the health needs of rural and other underserved 
     populations by providing incentives to serve in these areas, 
     and to more equitably distribute health professionals and 
     paraprofessionals;
       ``(E) to support efforts to improve public health 
     capacities in sub-Saharan Africa through education, 
     leadership development, and other mechanisms;
       ``(F) to provide technical assistance, equipment, training, 
     and supplies to assist in the improvement of health 
     infrastructure in sub-Saharan Africa;
       ``(G) to promote efforts to improve systematically human 
     resource management and development as a critical health and 
     development issue in coordination with specific disease 
     control programs for sub-Saharan Africa; and
       ``(H) to establish a global clearinghouse or similar 
     mechanism for knowledge sharing regarding human resources for 
     health, in consultation, if helpful, with the Global Health 
     Workforce Alliance.
       ``(3) Monitoring and evaluation.--
       ``(A) In general.--The President shall establish a 
     monitoring and evaluation system to measure the effectiveness 
     of assistance by the United States to improve human health 
     care capacity in sub-Saharan Africa in order to maximize the 
     sustainable development impact of assistance authorized under 
     this section and pursuant to the strategy required under 
     subsection (b).
       ``(B) Requirements.--The monitoring and evaluation system 
     shall--
       ``(i) establish performance goals for assistance provided 
     under this section;
       ``(ii) establish performance indicators to be used in 
     measuring or assessing the achievement of performance goals;
       ``(iii) provide a basis for recommendations for adjustments 
     to the assistance to enhance the impact of the assistance; 
     and
       ``(iv) to the extent feasible, utilize and support national 
     monitoring and evaluation systems, with the objective of 
     improved data collection without the imposition of 
     unnecessary new burdens.
       ``(b) Strategy of the United States.--
       ``(1) Requirement for strategy.--Not later than 180 days 
     after the date of the enactment of this Act, the President 
     shall develop and transmit to the appropriate congressional 
     committees a strategy for coordinating, implementing, and 
     monitoring assistance programs for human health care capacity 
     in sub-Saharan Africa.
       ``(2) Content.--The strategy required by paragraph (1) 
     shall include--
       ``(A) a description of a coordinated strategy, including 
     coordination among agencies and departments of the Federal 
     Government with other bilateral and multilateral donors, to 
     provide the assistance authorized in subsection (a);
       ``(B) a description of a coordinated strategy to consult 
     with sub-Saharan African countries and the African Union on 
     how best to advance the goals of this Act; and
       ``(C) an analysis of how international financial 
     institutions can most effectively assist countries in their 
     efforts to expand and better direct public spending in the 
     health and education sectors in tandem with the anticipated 
     scale up of international assistance to combat HIV/AIDS and 
     other health challenges, while simultaneously helping these 
     countries maintain prudent fiscal balance.
       ``(3) Focus of analysis.--The analysis described in 
     paragraph (2)(C) should focus on 2 or 3 selected countries in 
     sub-Saharan Africa, including, if practical, 1 focus country 
     as designated under the President's Emergency Plan for AIDS 
     Relief (authorized by the United States Leadership Against 
     Global HIV/AIDS, Tuberculosis, and Malaria Act of 2003 
     (Public Law 108-25)) and 1 country without such a 
     designation.
       ``(4) Consultation.--The President is encouraged to develop 
     the strategy required under paragraph (1) in consultation 
     with the Secretary of State, the Administrator for the United 
     States Agency for International Development, including 
     employees of its field missions, the Global HIV/AIDS 
     Coordinator, the Chief Executive Officer of the Millennium 
     Challenge Corporation, the Secretary of the Treasury, the 
     Director of the Bureau of Citizenship and Immigration 
     Services, the Director of the Centers for Disease

[[Page S2823]]

     Control and Prevention, and other relevant agencies to ensure 
     coordination within the Federal Government.
       ``(5) Coordination.--
       ``(A) Development of strategy.--To ensure coordination with 
     national strategies and objectives and other international 
     efforts, the President should develop the strategy described 
     in paragraph (1) by consulting appropriate officials of the 
     United States Government and by coordinating with the 
     following:
       ``(i) Other donors.
       ``(ii) Implementers.
       ``(iii) International agencies.
       ``(iv) Nongovernmental organizations working to increase 
     human health capacity in sub-Saharan Africa.
       ``(v) The World Bank.
       ``(vi) The International Monetary Fund.
       ``(vii) The Global Fund to Fight AIDS, Tuberculosis, and 
     Malaria.
       ``(viii) The World Health Organization.
       ``(ix) The International Labour Organization.
       ``(x) The United Nations Development Programme.
       ``(xi) The United Nations Programme on HIV/AIDS.
       ``(xii) The European Union.
       ``(xiii) The African Union.
       ``(B) Assessment and compilation.--The President should 
     make the assessments and compilations required by subsection 
     (a)(3)(B)(v), in coordination with the entities listed in 
     subparagraph (A).
       ``(c) Report.--
       ``(1) In general.--Not later than 1 year after the date on 
     which the President submits the strategy required in 
     subsection (b), the President shall submit to the appropriate 
     congressional committees a report on the implementation of 
     this section.
       ``(2) Assessment of mechanisms for knowledge sharing.--The 
     report described in paragraph (1) shall be accompanied by a 
     document assessing best practices and other mechanisms for 
     knowledge sharing about human resources for health and 
     capacity building efforts to be shared with governments of 
     developing countries and others seeking to promote 
     improvements in human resources for health and capacity 
     building.
       ``(3) Follow-up report.--Not later than 3 years after the 
     date on which the President submits the strategy required in 
     subsection (b), the president shall submit to the appropriate 
     congressional committees a further report on the 
     implementation of this section.
       ``(d) Definitions.--In this section:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means the Committee on 
     Foreign Relations and the Committee on Appropriations of the 
     Senate and the Committee on International Relations and the 
     Committee on Appropriations of the House of Representatives.
       ``(2) Brain drain.--The term `brain drain' means the 
     emigration of a significant proportion of a country's 
     professionals working in the health field to wealthier 
     countries, with a resulting loss of personnel and often a 
     loss in investment in education and training for the 
     countries experiencing the emigration.
       ``(3) Health professional.--The term `health professional' 
     means a person whose occupation or training helps to 
     identify, prevent, or treat illness or disability.
       ``(4) HIV/AIDS.--The term `HIV/AIDS' has the meaning given 
     such term in section 104A(g) of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2151b-2(g)).
       ``(5) Paraprofessional.--The term `paraprofessional' means 
     an individual who is trained and employed as a health agent 
     for the provision of basic assistance in the identification, 
     prevention, or treatment of illness or disability.
       ``(6) Community health workers.--The term `community health 
     worker' means a community based caregiver who has received 
     instruction and is employed to provide basic health services 
     in specific catchment areas, most often the areas where they 
     themselves live.
       ``(e) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to the President to carry out the provisions of this 
     section--
       ``(A) $150,000,000 for fiscal year 2008;
       ``(B) $200,000,000 for fiscal year 2009; and
       ``(C) $250,000,000 for fiscal year 2010.
       ``(2) Availability of funds.--Amounts made available under 
     paragraph (1) are authorized to remain available until 
     expended and are in addition to amounts otherwise made 
     available for the purpose of carrying out this section.''.

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