[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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