Congressional Record, Volume 153 Issue 50 (Thursday, March 22, 2007)

[Congressional Record Volume 153, Number 50 (Thursday, March 22, 2007)]
[Senate]
[Pages S3609-S3629]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. SESSIONS (for himself, Mrs. Murray, Mr. Cochran, Mr.
Kerry, Mr. Lott, Mr. Akaka, Mr. Burr, Mr. Dodd, Mr. Domenici,
Mr. Bingaman, and Mrs. Lincoln):
S. 958. A bill to establish an adolescent literacy program; to the
Committee on Health, Education, Labor, and Pensions.
Mr. SESSIONS. Mr. President, today Senator Murray and I are pleased
to introduce the Striving Readers Act, for the eight million middle and
high school students across this country who are not reading well
enough to

[[Page S3610]]

succeed in school. I thank Senator Murray for her longstanding
leadership on this issue, as well as the Alliance for Excellent
Education, the International Reading Association, and the National
Association of Secondary School Principals. I also thank my colleagues,
Republican and Democrat, who have agreed to cosponsor the bill Senator
Cochran, Senator Kerry, Senator Lott, Senator Akaka, Senator Burr,
Senator Dodd, Senator Domenici, Senator Bingaman, and Senator Lincoln.
I thank them for their support and for demonstrating that improving
reading and writing in every grade is something we all can get behind.
This important bill will help schools in every State ensure our
adolescents read and write well enough to learn in school, graduate on
time, and succeed in college and the workplace. Better literacy is the
cornerstone to improving student achievement in all subjects, lowering
dropout rates, and ensuring students do well when they go on to college
or the workforce. A recent study by the American College Testing
Program (ACT) found that students with better literacy skills in high
school do better in their math, science, and social studies courses
both in high school and in college.
The Striving Readers Act marks an important effort to improve reading
for the older student. Last year, Congress appropriated $1 billion for
the Reading First program available for every State to ensure children
read by the third grade. That was an important step, and we have seen
4th grade reading scores rise nationally because of it. However,
research shows that many readers who test well in 4th grade do not
carry that knowledge into upper grades. We must not risk squandering
the investment Congress has already made for younger students.
Seventy percent of our middle and high school students read below
grade level. That means we must continue our support for ongoing
programs that reflect the needs of the older student for more advanced
vocabulary and comprehension skills. All students, throughout their K-
12 educational experience, deserve adequate support to ensure they
graduate on time with appropriate skills and knowledge that meet the
demands of the 21st century.
To be sure, some problems with the Reading First program have
surfaced. Let me assure you that the Striving Readers bill addresses
those problems to ensure the law and its implementation are fair,
transparent, and driven by research, not special interests.
Interestingly, many in my State have told me that the law is good and
showing results; the problems have come with poor implementation.
Low literacy skills don't just cost the student; they cost our
economy because students don't learn what they should in school. The
National Center for Education Statistics found that 53 percent of
undergraduates require remediation. One-half of these students required
a remedial writing course, and 35 percent took remedial reading. That
means community colleges spend $1.4 billion every year catching kids up
to where they should have been when they graduated. The Mackinac Center
for Public Policy reports an estimated $16.6 billion in remediation
costs to the U.S. economy each year. This means that America's
businesses and colleges are spending $16.6 billion teaching high school
graduates skills they should have learned in high school.
America's declining competitiveness in the global economy is due in
part to sub-par literacy skills. International comparisons of reading
performance placed American 11th graders close to the bottom, behind
students from the Philippines, Indonesia, Brazil, and other developing
nations. Our high school graduates continue to lag, as employers move
jobs overseas, not for the low-cost labor alone, but also to tap into
the highly literate, motivated, and technologically skilled workers
that other nations can offer them.
The Striving Readers Act will help our Nation raise its literacy
levels and compete in a global arena. We can do this. Research shows
that adolescents with lagging literacy skills can master college
material if they receive good literacy instruction in school.
Specifically, the Striving Readers bill would do the following:
Help States create statewide literacy initiatives, share data on
student progress with parents and the public, and improve teacher
training and professional development in literacy so that all students
receive high quality instruction.
Help districts and schools create plans to improve literacy,
including targeted interventions for students far below grade level,
top notch assessments for all students, training for teachers in every
subject to incorporate literacy strategies, and regular data to improve
teaching and learning.
Allow districts and schools to hire and place literacy coaches, train
parents to support the literacy development of their child, and connect
learning inside the classroom with learning that takes place outside
the classroom.
Ensure States, districts, and schools participate in a rigorous
evaluation that demonstrates student progress.
Require the Federal Government to complete an overall evaluation of
the program to determine its impact on the Nation's middle and high
schools.
I am proud to say that my State has been working on this issue for a
long time. In 1998 Alabama launched the Alabama Reading Initiative
(ARI), a statewide program designed to ensure every student in grades K
to 12 is proficient in reading. We provide ongoing, research-based
training to teachers in all subjects so that every educator can help
students struggling to read. Fortunately, the Alabama Reading
Initiative is now in every elementary school in the State.
Unfortunately, fewer middle and high schools have been able to take
part, due to limited funding. This is true in other States as well.
For those schools in the program we have seen great gains. ARI
schools have made great progress, and those that have had the benefit
of additional funding from the Federal Reading First program have shown
even more rapid, dramatic gains. Many of you have heard of the
outstanding impact of the Alabama Reading Initiative, primarily for
younger children. It is time for us to develop new methods to meet the
needs of students in the upper grades who are reading and writing below
grade level. I applaud Alabama's leadership on this important issue as
they work to expand the Alabama Reading Initiative into middle and high
schools, and I am honored to offer legislation to promote this effort
on the national level. I would like to thank Governor Riley for his
commitment to the Alabama Reading Initiative, and Dr. Katherine
Mitchell, whose enthusiasm and hard work has made the success of ARI a
reality for Alabama's children. Alabama has become a model for the
Nation, and I am so proud of the progress they have made.
The Federal Government cannot and should assume the responsibility
for education from the States. But we can develop research, supply seed
money, and provide leadership to help States make advancements, without
unnecessary mandates. We can leverage success in places like Alabama to
shine a light for others.
We know that, given the right instruction and opportunity, children
can learn to read and write well and use that knowledge to achieve at
higher levels of education. I hope that our colleagues in the Senate
will join Senator Murray and me in supporting the Striving Readers Act.
And I hope we will authorize Striving Readers as part of No Child Left
Behind so that children in every State have the reading skills they
need to succeed in school, college, and the workplace.
Ms. MURRAY. Mr. President, today Senator SESSIONS and I are pleased
to introduce the Striving Readers Act. This bipartisan bill will help
America's middle and high school students gain the literacy skills they
need to succeed in school and graduate ready for college and the
workplace.
I want to thank Senator Sessions for his work on this issue and for
shining a light on his State's success in raising literacy achievement.
I also want to thank our original cosponsors Senators Akaka, Bingaman,
Dodd, Kerry, Lincoln, Burr, Cochran, Domenici, and Lott for partnering
with us. Finally, I offer thanks to our staff, Kathryn Young and Liz
Stillwell, who have worked on this bill, and the Alliance for Excellent
Education, the International Reading Association, and the National
Association of Secondary School Principals for their work.
Our bill addresses a serious problem. Today 8 million middle and high
school

[[Page S3611]]

students across the Nation cannot read well enough to succeed in
school. This contributes to their likelihood to disengage and drop out.
Those that do graduate too often falter when they begin college or work
and then need remediation.
All around the country educators and stakeholders are working to
improve literacy, and this bill gives us a way to support their
efforts. We know that literacy is at the base of every academic
subject, and it is crucial to student academic success.
Our bill will engage and reinvigorate those students on the brink of
failure. The Striving Readers Act constitutes a comprehensive effort to
give States, districts, and schools the resources they need to ensure
every student reads and writes well enough to succeed. It would provide
grants to every State to develop State literacy initiatives that guide
and support districts and schools to improve reading and writing. It
would provide grants to districts and schools to assist students who
are below grade level and to train teachers in core subjects in
literacy strategies for all students. It would also provide new
information on what works for struggling readers by conducting
evaluations of programs.
This bill could not come at a more important time. In Washington
State, 66 percent of 8th graders read below ``Proficient'' on the
National Assessment of Educational Progress. These students, who are at
the bottom in terms of achievement, are more likely to drop out than
those at the top. Among this group, minority students' scores are of
particular concern. Seventy-three percent of Washington State's
African-American students and 85 percent of Hispanic students read
below the ``Proficient'' level. These students are falling behind, and
they need our support.
I'm pleased to report that my State has made great efforts to remedy
the problem of low literacy levels. My State launched the Washington
State Reading Initiative in 2003 to provide support to struggling
readers in every grade, including middle and high school. Since then,
our K-12 Reading Model has attracted national attention as a systematic
reform model. Our program includes statewide training for teachers to
identify and provide intervention for students at all grade levels. My
State trains teachers in all subjects to teach reading strategies to
students. And my State provides guidance to teachers and administrators
for applying best practices in classrooms. But they should not have to
continue these efforts alone.
The challenges we face in Washington are not unique; every State
struggles with adolescent literacy. Nationally 71 percent of 8th
graders and 65 percent of 12th graders read below grade level. It
should not surprise us, then, that only 34 percent of American
teenagers graduate with the skills they need to do well in college or
in the workforce.
If we are to remain globally competitive, Congress must authorize and
fund a significant adolescent literacy investment for every State. The
Striving Readers Act would fulfill this need. As a country, we
currently only substantially support reading initiatives through the
third grade. International comparisons of reading performance placed
American 11th graders close to the bottom, behind students from the
Philippines, Indonesia, Brazil, and other developing nations. The
Striving Readers Act will help support these middle and high schoolers
and help our Nation raise its literacy levels to compete in a global
market.
Students are not the only ones who pay the price for low literacy
achievement. With every student who falls behind, our economy suffers.
The National Center for Education Statistics found that 53 percent of
undergraduates require remediation. One-half of these students required
a remedial writing course, and 35 percent took remedial reading. That
means community colleges spend $1.4 billion every year catching kids up
to where they should have been when they graduated. The Mackinac Center
for Public Policy reports that America's businesses and colleges are
spending $16.6 billion each year to teach graduates what they should
have learned in middle and high school. This is a costly consequence of
failing to intervene in a timely manner. We must not continue to make
this mistake at the expense of students' futures.
The good news is that research shows we can help struggling students
make progress. For example, research shows that adolescents with
lagging literacy skills can master college material if they receive
high quality literacy instruction in school. In fact, a recent study by
ACT found that students with better literacy skills in high school do
better in their math, science, and social studies courses--both in high
school and in college. Better literacy is the foundation for improving
student achievement in all subjects, lowering dropout rates, and
ensuring students do well when they go on to college or the workforce.
The Striving Readers bill provides a path for this.
Specifically, the Striving Readers bill would: Help States create
statewide literacy initiatives, share data on student progress to
parents and the public, and improve teacher training and professional
development in literacy so that all students receive high quality
instruction.
Help districts and schools create plans to improve literacy,
including targeted interventions for students way below grade level,
top notch assessments for all students, training for teachers in every
subject to incorporate literacy strategies, and regular data to improve
teaching and learning.
Allow districts and schools to hire and place literacy coaches, train
parents to support the literacy development of their child, or connect
learning inside the classroom with learning that takes place outside
the classroom.
Ensure States, districts, and schools participate in a rigorous
evaluation that demonstrates student progress.
Require the Federal Government to complete an overall evaluation of
the program to determine its impact on the Nation's middle and high
schools.
The Striving Readers Act comprises a necessary and urgent investment
in adolescent students. We created the Reading First program to
strengthen students' reading skills in the elementary grades. While I
do have major concerns with the implementation of this program, the
intent of the law and the commitment to elementary reading skills is
undoubtedly positive. But with reading proficiency stagnating after 4th
grade, it is clear that we need a significant investment in the higher
grades as well. In crafting the Striving Readers bill, we took steps to
correct and guard against implementation concerns, and I believe that
this bill will provide the critical resources, training, and evaluation
to implement high quality adolescent literacy initiatives around the
country.
I introduced the PASS Act, first in 2003, and in subsequent
legislation, to take a comprehensive approach to improving student
achievement in our Nation's high schools, including use of literacy and
math coaches, as well as research-based support for high schools with
the most need. The Striving Readers Act will complement this and allow
States and schools to effectively address the literacy needs of
adolescents in 4th grade and up.
Now is the time to invest in literacy for older students and make
their success a reality. This issue cannot wait any longer. I hope that
my colleagues in the Senate will join Senator Sessions and me in
supporting the Striving Readers Act. And I hope we will authorize
Striving Readers as part of No Child Left Behind so that children in
every State have the reading skills they need to succeed in school,
college, and the workplace.
______

By Mrs. CLINTON (for herself, Mr. Reid, Mr. Alexander, Ms.
Mikulski, Mr. Menendez, Mr. Dodd, and Mr. Durbin):
S. 959. A bill to award grant to enable Teach for America, Inc., to
implement and expand its teaching program; to the Committee on Health,
Education, Labor, and Pensions.
Mrs. CLINTON. Mr. President, I rise today to introduce legislation to
increase the number of high-need school districts and communities
served by Teach For America. My legislation will address the need to
build a pipeline of talented teachers to prepare our children to
compete in the global economy.
As the teaching population ages, more and more schools will face
significant shortages of qualified and motivated teachers. Schools
across the country will need to replace at least 1 million teachers
over the next ten

[[Page S3612]]

years. Our Nation's inner cities and rural communities will be even
harder hit as their teachers move to suburban schools or leave the
teaching profession altogether. That is why I am sponsoring the Teach
For America Act.
Teach For America is the national corps of exceptional recent college
graduates of all academic majors who commit two years to teach in
public schools. Teach For America's corps members and alumni become
lifelong leaders in the effort to ensure that all children in our
Nation have an equal chance to succeed in life. Since its inception in
1990, more than 12,000 individuals have joined Teach For America,
directly impacting the lives of over 2 million students in under-
resourced schools across the country.
This legislation will help Teach For America grow to over 7,500 corps
members in 32 communities teaching over 600,000 low-income students
every day. It will do so by providing funding for Teach For America to
expand its program of recruiting, selecting, training, and supporting
new teachers.
Teach For America's alumni lead the way for fundamental long-term
change across the country. After their two years of service, 63 percent
of Teach For America alumni remain in education as teachers,
principals, school founders and policy advisors. Others, equipped with
insight gained through their classroom experience, go on to work in a
variety of fields--including law, medicine, and social work--and
continue to increase opportunities for children living in low-income
communities.
The Teach For America Act addresses the need to effectively build a
corps of dedicated, talented college graduates to teach and make a
lasting impact in our underserved communities. I am hopeful that my
Senate colleagues from both sides of the aisle will join me in moving
this legislation to the floor without delay.
______

By Mrs. CLINTON (for herself, Mr. Specter, Ms. Mikulski, Mrs.
Boxer, Mr. Biden, Ms. Landrieu, Mr. Kennedy, and Mrs.
Hutchison):
S. 960. A bill to establish the United States Public Service Academy;
to the Committee on Homeland Security and Governmental Affairs.
Mrs. CLINTON. Mr. President, I rise today to introduce legislation
that will create an undergraduate institution designed to cultivate a
generation of young leaders dedicated to public service. The United
States Public Service Academy Act, (The PSA Act), will form a national
academy to serve as an extraordinary example of effective, national
public education.
The tragic events of September 11 and the devastation of natural
disasters such as Hurricanes Katrina and Rita underscore how much our
Nation depends on strong public institutions and competent civilian
leadership at all levels of society.
We must take a step forward in the 110th Congress with a positive
agenda to ensure competent civilian leadership and improve our Nation's
ability to respond to future emergencies and to confront daily
challenges. That is why Senator Specter and I have come together to
sponsor the PSA Act.
This legislation will create the U.S. Public Service Academy to groom
future public servants and build a corps of capable civilian leaders.
Modeled after the military service academies, this academy will provide
a four-year, federally-subsidized college education for more than 5,000
students a year in exchange for a five year commitment to public
service.
The PSA Act will meet critical national needs as the baby-boomer
generation approaches retirement. Already, studies show looming
shortages in the Federal civil service, public education, law
enforcement, the non-profit sector and other essential areas. Academy
graduates will help to fill the void in public service our Nation will
soon face by serving for five years in areas such as public education,
public health, and law enforcement.
Unfortunately our young people are priced out of public service
careers all too often with the average college graduate owing more than
$20,000 in student loans. A recent study conducted by the Higher
Education Research Institute found that more than two-thirds of the
2005 freshman class expressed a desire to serve others, the highest
rate in a generation. By providing a service-oriented education at no
cost to the student, the PSA Act will tap into the strong desire to
serve that already exists among college students while erasing the
burden of enormous college debt.
The establishment of a United States Public Service Academy is an
innovative way to strengthen and protect America by creating a corps of
well-trained, highly-qualified civilian leaders. I am hopeful that my
Senate colleagues from both sides of the aisle will join me today to
move this legislation to the floor without delay.
______

By Mr. BINGAMAN (for himself, Mr. Domenici, Mr. Tester, Mr.
Bunning, Mr. Salazar, Mr. Obama, and Mr. Webb):
S. 962. A bill to amend the Energy Policy Act of 2005 to reauthorize
and improve the carbon capture and storage research, development, and
demonstration program of the Department of Energy and for other
purposes; to the Committee on Energy and Natural Resources.
Mr. BINGAMAN. Mr. President, I am pleased to be able to introduce the
Department of Energy Carbon Capture and Storage Research, Development,
and Demonstration Act of 2007, along with my co-sponsors, Senators
Domenici, Tester, Bunning, Salazar, Obama, and Webb. This bipartisan
bill reauthorizes and improves the carbon capture and storage program
at the Department of Energy that was first explicitly authorized in the
Energy Policy Act of 2005. With the attention that the topic of global
warming has been getting, it is becoming ever clearer that we need
answers to the practical questions of what needs to occur so that we
can decide on the role that carbon capture and storage will play in our
future energy system. This bill, as well as a bill that has previously
been referred to the Committee on Energy and Natural Resources, S. 731,
begins to lay the foundation for a bipartisan and effective approach to
these issues.
I ask unanimous consent that the full 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. 962

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 ``Department of Energy Carbon
Capture and Storage Research, Development, and Demonstration
Act of 2007''.

SEC. 2. CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROGRAM.

Section 963 of the Energy Policy Act of 2005 (42 U.S.C.
16293) is amended--
(1) in the section heading, by striking ``RESEARCH AND
DEVELOPMENT'' and inserting ``AND STORAGE RESEARCH,
DEVELOPMENT, AND DEMONSTRATION'';
(2) in subsection (a)--
(A) by striking ``research and development'' and inserting
``and storage research, development, and demonstration''; and
(B) by striking ``capture technologies on combustion-based
systems'' and inserting ``capture and storage technologies
related to energy systems'';
(3) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) to expedite and carry out large-scale testing of
carbon sequestration systems in a range of geological
formations that will provide information on the cost and
feasibility of deployment of sequestration technologies.'';
and
(4) by striking subsection (c) and inserting the following:
``(c) Programmatic Activities.--
``(1) Energy research and development underlying carbon
capture and storage technologies.--
``(A) In general.--The Secretary shall carry out
fundamental science and engineering research (including
laboratory-scale experiments, numeric modeling, and
simulations) to develop and document the performance of new
approaches to capture and store carbon dioxide.
``(B) Program integration.--The Secretary shall ensure that
fundamental research carried out under this paragraph is
appropriately applied to energy technology development
activities and the field testing of carbon sequestration
activities, including--
``(i) development of new or improved technologies for the
capture of carbon dioxide;
``(ii) modeling and simulation of geological sequestration
field demonstrations; and
``(iii) quantitative assessment of risks relating to
specific field sites for testing of sequestration
technologies.

[[Page S3613]]

``(2) Field validation testing activities.--
``(A) In general.--The Secretary shall promote, to the
maximum extent practicable, regional carbon sequestration
partnerships to conduct geologic sequestration tests
involving carbon dioxide injection and monitoring,
mitigation, and verification operations in a variety of
candidate geological settings, including--
``(i) operating oil and gas fields;
``(ii) depleted oil and gas fields;
``(iii) unmineable coal seams;
``(iv) saline formations; and
``(v) deep geologic systems that may be used as engineered
reservoirs to extract economical quantities of heat from
geothermal resources of low permeability or porosity.
``(B) Objectives.--The objectives of tests conducted under
this paragraph shall be--
``(i) to develop and validate geophysical tools, analysis,
and modeling to monitor, predict, and verify carbon dioxide
containment;
``(ii) to validate modeling of geological formations;
``(iii) to refine storage capacity estimated for particular
geological formations;
``(iv) to determine the fate of carbon dioxide concurrent
with and following injection into geological formations;
``(v) to develop and implement best practices for
operations relating to, and monitoring of, injection and
storage of carbon dioxide in geologic formations;
``(vi) to assess and ensure the safety of operations
related to geological storage of carbon dioxide; and
``(vii) to allow the Secretary to promulgate policies,
procedures, requirements, and guidance to ensure that the
objectives of this subparagraph are met in large-scale
testing and deployment activities for carbon capture and
storage that are funded by the Department of Energy.
``(3) Large-scale testing and deployment.--
``(A) In general.--The Secretary shall conduct not less
than 7 initial large-volume sequestration tests for
geological containment of carbon dioxide (at least 1 of which
shall be international in scope) to validate information on
the cost and feasibility of commercial deployment of
technologies for geological containment of carbon dioxide.
``(B) Diversity of formations to be studied.--In selecting
formations for study under this paragraph, the Secretary
shall consider a variety of geological formations across the
United States, and require characterization and modeling of
candidate formations, as determined by the Secretary.
``(4) Preference in project selection from meritorious
proposals.--In making competitive awards under this
subsection, subject to the requirements of section 989, the
Secretary shall give preference to proposals from
partnerships among industrial, academic, and government
entities.
``(5) Cost sharing.--Activities under this subsection shall
be considered research and development activities that are
subject to the cost-sharing requirements of section 988(b).
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $90,000,000 for fiscal year 2007;
``(2) $105,000,000 for fiscal year 2008; and
``(3) $120,000,000 for fiscal year 2009.''.
______

By Mr. MENENDEZ:
S. 963. A bill to authorize the Secretary of Education to make grants
to educational organizations to carry out educational programs about
the Holocaust; to the Committee on Health, Education, Labor, and
Pensions.
Mr. MENENDEZ. Mr. President, I rise today to introduce the Simon
Wiesenthal Holocaust Education Assistance Act. This important
legislation would provide competitive grants for educational
organizations to make Holocaust education more accessible and available
throughout this Nation.
I would like to thank Senators Lautenberg and Specter for co-
sponsoring this bill, and I commend my former colleague in the House,
Congresswoman Maloney, for her leadership on this issue.
In January, the United Nations held a ceremony to commemorate the
62nd anniversary of the liberation of Auschwitz and the second annual
International Day of Commemoration in memory of the victims of the
Holocaust. This event served as a reminder that people of all faiths
strongly condemn the systematic, state sponsored genocide conducted by
the Nazi regime.
We will forever remember the approximately six million Jewish men,
women and children, as well as millions of others who faced persecution
and death. And we extend our gratitude to all who risked their lives
trying to save others. We also honor Simon Wiesenthal, who dedicated
his life to making sure that those who perpetrated the horrors of the
Holocaust were brought to justice.
After six decades, many of our youth may view the Holocaust as an
event that occurred in the distant past. But the truth is this issue is
part of our present day society.
Just 3 months ago, Iran held a conference in Tehran to debate whether
or not the Holocaust actually happened, and the Iranian government has
established a fact finding commission to examine the issue further.
Such despicable acts are an insult to the millions of people who were
brutalized and murdered by the Nazis and to all who stand against
genocide around the world. Clearly, false and destructive messages
regarding the Holocaust are still being perpetuated, and such events
highlight the importance of Holocaust education abroad and within our
own Nation.
Unfortunately, we have also seen that anti-Semitism continues to
threaten the safety and well-being of Jewish men and women throughout
the world. In February, a Polish member of the European Parliament
published a booklet espousing anti-Jewish sentiments, and in Croatia,
an investigation has begun after small sugar packets bearing Hitler's
image and containing Holocaust jokes were found in some cafes. These
tragic events underscore the need to be proactive in combating such
bigotry and educating our youth.

Although some States now require the Holocaust to be taught in public
schools, the Simon Wiesenthal Holocaust Education Assistance Act goes
further and makes grants available to organizations that instruct
students, teachers, and communities about the dangers of hate and the
importance of tolerance in our society. This legislation would give
educators the appropriate resources and training to teach accurate
historical information about the Holocaust and convey the lessons that
the Holocaust can teach us today.
We must recognize that by remembering the millions who were murdered
in the Holocaust, we create a sense of responsibility to stop genocide
wherever it takes place.
It is in our common interest to raise our voices against anti-
Semitism and against all hatred and discrimination. Funding accurate
educational programs on the Holocaust is a step toward winning this
battle.
So as America stands with Israel and all followers of the Jewish
faith in condemning anti-Semitism, let us do everything in our power to
end discrimination and educate future generations about the danger of
hatred and bigotry.
I urge my colleagues to support this legislation.
______

By Mr. AKAKA:
S. 967. A bill to amend chapter 41 of title 5, United States Code, to
provide for the establishment and authorization of funding for certain
training programs for supervisors of Federal employees; to the
Committee on Homeland Security and Governmental Affairs.
Mr. AKAKA. Mr. President, I rise today to reintroduce the Federal
Supervisor Training Act to enhance Federal employee and manager
performance, and, in turn, agency performance.
Our Nation's public servants administer a vast array of programs
designed to meet the needs of the citizens of this country, and indeed
the world. These employees deserve the support and guidance of trained
managers who empower them to perform effectively. Furthermore,
employees must have a clear understanding of their roles and
responsibilities. Training programs help managers and supervisors
improve their communication skills and promote stronger manager-
employee relationships.
While the Federal Government encourages management and supervisory
training, the development and implementation of training programs is
left to the discretion of individual agencies. This leads to
inconsistent guidance on training and sometimes inadequate training due
to an agency's other priorities and limited resources. Meaningful
training matters. Training should not be discretionary for agencies.
Given the growing number of Federal managers who are eligible to
retire, and the need to attract a robust, well-skilled workforce, it is
important that employees, who are expected to manage and supervise,
have the tools to do so effectively.
In January 2007, the Office of Personnel Management (OPM) released
the 2006 Federal Human Capital Survey,

[[Page S3614]]

which showed that the federal government's employees and senior
managers and leaders still face communication problems. For example,
according to the survey: only 49 percent of Federal employees have a
high level of respect for senior leaders in their agencies, only 41
percent say they are satisfied with their leaders' policies and
practices, and only 47 percent of Federal employees said they were
satisfied with the information they get from management.
Upon the release of the survey, OPM Director Linda Springer wrote,
``As many senior leaders retire, the Federal Government also faces a
challenge--and opportunity--to improve the effectiveness of the
leadership corps across Government. We must develop the kinds of
leaders who can ensure a talented and committed Federal workforce now
and in the future. Our leaders will need to adapt the workplaces and
opportunities they offer to attract the best and the brightest from
diverse talent pools.''
Good leadership begins with strong management training. It is time to
ensure that Federal managers receive appropriate training to supervise
federal employees. I believe the Federal Supervisor Training Act will
help us reach that goal. My bill will bridge the training gap that
exists now and help ensure that Federal managers have the necessary
skills to communicate with and manage Federal employees.
The Federal Supervisor Training Act has three major training
components. First, the bill will require that new supervisors receive
training in the initial 12 months on the job, with mandatory retraining
every three years on how to work with employees to develop performance
expectations and evaluate employees. Current managers will have three
years to obtain their initial training. Second, the bill requires
mentoring for new supervisors and training on how to mentor employees.
Third, the measure requires training on the laws governing and the
procedures for enforcing whistleblower and anti-discrimination rights.
In addition, my bill will: set standards that supervisors should meet
in order to manage employees effectively, assess a manager's ability to
meet these standards, and provide training to improve areas identified
in personnel assessments.
I am delighted by the support my bill has received from the
Government Managers Coalition, which represents members of the Senior
Executives Association, the Federal Managers Association, the
Professional Managers Association, the Federal Aviation Administration
Managers Association, and the National Council of Social Security
Management Associations; the American Federation of Government
Employees; the National Treasury Employees Union; the International
Federation of Professional and Technical Engineers; the AFL-CIO, Metal
Trades Department, as well as the Partnership for Public Service. I
believe this broad support, from employee unions to management
associations to outside good government groups demonstrates the need of
mandatory training programs and passage of this bill. I urge my
colleagues to support this important legislation.
I ask unanimous consent that the text of this 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. 967

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 ``Federal Supervisor Training
Act of 2007''.

SEC. 2. MANDATORY TRAINING PROGRAMS FOR SUPERVISORS.

(a) In General.--Section 4121 of title 5, United States
Code, is amended--
(1) by inserting before ``In consultation with'' the
following:
``(a) In this section, the term `supervisor' means--
``(1) a supervisor as defined under section 7103(a)(10);
``(2) a management official as defined under section
7103(a)(11); and
``(3) any other employee as the Office of Personnel
Management may by regulation prescribe.'';
(2) by striking ``In consultation with'' and inserting
``(b) Under operating standards promulgated by, and in
consultation with,''; and
(3) by striking paragraph (2) (of the matter redesignated
as subsection (b) as a result of the amendment under
paragraph (2) of this subsection) and inserting the
following:
``(2)(A) a program to provide interactive instructor-based
training to supervisors on actions, options, and strategies a
supervisor may use in--
``(i) developing and discussing relevant goals and
objectives together with the employee, communicating and
discussing progress relative to performance goals and
objectives and conducting performance appraisals;
``(ii) mentoring and motivating employees and improving
employee performance and productivity;
``(iii) effectively managing employees with unacceptable
performance;
``(iv) addressing reports of a hostile work environment,
reprisal, or harassment of, or by, another supervisor or
employee; and
``(v) otherwise carrying out the duties or responsibilities
of a supervisor;
``(B) a program to provide interactive instructor-based
training to supervisors on the prohibited personnel practices
under section 2302 (particularly with respect to such
practices described under subsection (b)(1) and (8) of that
section) and the procedures and processes used to enforce
employee rights; and
``(C) a program under which experienced supervisors mentor
new supervisors by--
``(i) transferring knowledge and advice in areas such as
communication, critical thinking, responsibility,
flexibility, motivating employees, teamwork, and professional
development; and
``(ii) pointing out strengths and areas for development.
``(c)(1) Not later than 1 year after the date on which an
individual is appointed to the position of supervisor, that
individual shall be required to have completed each program
established under subsection (b)(2).
``(2) After completion of a program under subsection (b)(2)
(A) and (B), each supervisor shall be required to complete a
program under subsection (b)(2) (A) and (B) at least once
during each 3-year period.
``(3) Each program established under subsection (b)(2)
shall include provisions under which credit shall be given
for periods of similar training previously completed.
``(d) Notwithstanding section 4118(c), the Office of
Personnel Management shall prescribe regulations to carry out
this section, including the monitoring of agency compliance
with this section.''.
(b) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Office of Personnel Management
shall prescribe regulations in accordance with subsection (d)
of section 4121 of title 5, United States Code, as added by
subsection (a) of this section.
(c) Effective Date and Application.--
(1) In general.--The amendments made by this section shall
take effect 180 days after the date of enactment of this Act
and apply to--
(A) each individual appointed to the position of a
supervisor, as defined under section 4121(a) of title 5,
United States Code, (as added by subsection (a) of this
section) on or after that effective date; and
(B) each individual who is employed in the position of a
supervisor on that effective date as provided under paragraph
(2).
(2) Supervisors on effective date.--Each individual who is
employed in the position of a supervisor on the effective
date of this section shall be required to--
(A) complete each program established under section
4121(b)(2) of title 5, United States Code (as added by
subsection (a) of this section), not later than 3 years after
the effective date of this section; and
(B) complete programs every 3 years thereafter in
accordance with section 4121(c) (2) and (3) of such title.

SEC. 3. MANAGEMENT COMPETENCY STANDARDS.

(a) In General.--Chapter 43 of title 5, United States Code,
is amended--
(1) by redesignating section 4305 as section 4306; and
(2) inserting after section 4304 the following:

``Sec. 4305. Management competency standards

``(a) In this section, the term `supervisor' means--
``(1) a supervisor as defined under section 7103(a)(10);
``(2) a management official as defined under section
7103(a)(11); and
``(3) any other employee as the Office of Personnel
Management may by regulation prescribe.
``(b) The Office of Personnel Management shall issue
guidance to agencies on standards supervisors are expected to
meet in order to effectively manage, and be accountable for
managing, the performance of employees.
``(c) Each agency shall--
``(1) develop standards to assess the performance of each
supervisor and in developing such standards shall consider
the guidance developed by the Office of Personnel Management
under subsection (b) and any other qualifications or factors
determined by the agency;
``(2) assess the overall capacity of the supervisors in the
agency to meet the guidance developed by the Office of
Personnel Management issued under subsection (b); and
``(3) develop and implement a supervisor training program
to strengthen issues identified during such assessment.
``(d) Every year, or on any basis requested by the Director
of the Office of Personnel Management, each agency shall
submit a report to the Office on the progress of the agency
in implementing this section.''.
(b) Technical and Conforming Amendments.--

[[Page S3615]]

(1) Table of sections.--The table of sections for chapter
43 of title 5, United States Code, is amended by striking the
item relating to section 4305 and inserting the following:

``4305. Management competency standards.
``4306. Regulations.''.
(2) Reference.--Section 4304(b)(3) of title 5, United
States Code, is amended by striking ``section 4305'' and
inserting ``section 4306''.
______

By Mrs. BOXER (for herself, Mr. Smith, Mr. Durbin, and Mr.
Brown):
S. 968. A bill to amend the Foreign Assistance Act of 1961 to provide
increased assistance for the prevention, treatment, and control of
tuberculosis, and for other purposes; to the Committee on Foreign
Relations.
Mrs. BOXER. Mr. President, today, I rise to introduce the bipartisan
Stop TB Now Act of 2007. I am joined in this effort by Senators Gordon
Smith, Dick Durbin, and Sherrod Brown.
For 8 years, I have worked with Senator Smith to fight the spread of
international tuberculosis. I appreciate his help on this bill. I am
also grateful for the support of Senate Majority Whip Dick Durbin, as
well as Senator Brown, who was the leader on international TB issues
when he was a member of the House of Representatives.
The need for this legislation is clear. Tuberculosis kills 1.6
million people per year--1 person every 15 seconds. One-third of the
world is infected with the bacteria that causes TB and an estimated 8.8
million individuals develop active TB each year. And tuberculosis is a
leading cause of death among women of reproductive age and of people
who are HIV-positive.
While developing nations are most heavily impacted by TB, there is
also a concern here at home. My State of California has more TB cases
than any other State in the country and 10 of the top 20 U.S. metro
areas with the highest TB rates are in California.
The best way to treat TB is through DOTS, which stands for directly
observed treatment, short course. This treatment ensures a steady and
uninterrupted supply of drugs to prevent the spread of multi-drug
resistant TB. It costs just $20-100 per person to treat regular TB with
DOTS. But it costs 1,400 times that amount to treat a person with
multi-drug resistant TB.
Today, we face an even more dangerous problem--the outbreak of
extremely drug resistant TB. In some cases, this form of TB is
untreatable. In one South African town, 53 TB patients were found to
have XDR-TB. All but one died. We must fully fund international TB
control efforts because drug-resistant TB happens when people fail to
complete treatment.
To stop the spread of tuberculosis, the international community came
together last year to develop the Global Plan to Stop TB, a
comprehensive assessment of the resources and actions needed to cut the
number of TB deaths in half by 2015.
My bill will bring U.S. policy in line with this plan by authorizing
$330 million for fiscal year 2008 and $450 million for fiscal year
2009. for foreign assistance programs that combat international TB. The
bill also authorizes $70 million for fiscal year 2008 and $100 million
for fiscal year 2009 for the Centers for Disease Control programs to
combat international TB.
TB kills more people than any other curable disease in the world. We
have a moral obligation to take the steps necessary to meet this
challenge.
______

By Mr. DODD (for himself, Mr. Durbin, and Mr. Kennedy):
S. 969. A bill to amend the National Labor Relations Act to modify
the definition of supervisor; to the Committee on Health, Education,
Labor, and Pensions.
Mr. DODD. Mr. President, I rise today to introduce the Re-empowerment
of Skilled and Professional Employees and Construction Tradeworkers
Act, or RESPECT Act, a bill to amend the National Labor Relations Act
to modify the definition of supervisor. I am pleased to be joined by
Senators Durbin and Kennedy as original cosponsors and would like to
acknowledge Congressman Andrews for championing this legislation in the
House of Representatives.
The RESPECT Act would make vital changes to the definition of
supervisor to ensure that no employee is unjustly denied his or her
right to join a labor union. This is a very simple bill just four lines
of text making a few definitional changes to the National Labor
Relations Act (NLRA). Yet the livelihoods of thousands, possibly
millions, of workers are at stake in those few lines. Workers
designated as supervisors may not join a union or engage in collective
bargaining. As a result, some employers have sought to deny many
workers their right to organize by unfairly classifying them as
supervisors. And unfortunately, President Bush's appointees on the
National Labor Relations Board (NLRB) have upheld these unfair
classifications.
The NLRB has struggled for years with the definition of supervisor.
Twice in the last ten years, its attempts to define supervisory status
have been reviewed and rejected by the Supreme Court. But despite this,
the NLRB refused to hear oral arguments for the three decisions it
handed down last October--Oakwood Healthcare, Inc., Golden Crest
Healthcare Center, and Croft Metals, Inc. These decisions are known
collectively as the Kentucky River decisions, after the 2001 Supreme
Court case of NLRB v. Kentucky River.
The NLRB ruled that many charge nurses are supervisors, even though
they have no authority to hire, fire, or discipline other employees. In
the course of their responsibilities to provide the best care possible
to their patients, many rank-and-file nurses occasionally rotate
through a limited oversight role, such as assigning other nurses to
patients based on workload or a nurse's particular specialty. But on a
pretext as slim as that, employers would keep their workers from
unionizing altogether.
In the Oakwood decision, the hospital argued that 127 of its 181
nurses were supervisors. Though the NLRB found that only 12 were in
fact supervisors, its decision left the door open for widespread abuse.
Under its ruling, only 10 percent of a worker's time in a supervisory
capacity is enough to lock him or her out of a union.
Following that precedent, another hospital declared a ludicrous
number of its registered nurses to be supervisors--and an NLRB Regional
Director agreed. 17 of 20 registered nurses in the Intensive Care Unit
were declared supervisors; 6 of 7 in the Medical Unit; 9 of 11 in
Neonatal Intensive Care; and in the Inpatient Rehabilitation Unit--all
7. Fictitious classifications like these show just how far some will go
to keep workers from bargaining fairly. And, sadly, they demonstrate
just how far the NLRB will go to facilitate these false and unfair
classifications.
Though recent NLRB decisions have targeted nurses, the dangerous
precedent they set threatens the rights of workers in countless
industries. The NLRB has opened a Pandora's box: Laborers who sometimes
work with assistants, or skilled craftsmen who take apprentices, can be
barred from unions by the same false logic that prevents nurses from
organizing.
These decisions are written on more than paper. They're written on
real lives, on workers in the thousands and millions, on the dignity of
their labor, the health of their children, and the security of their
old age. For them, legal fiction becomes painful fact: Without their
fair seat at the table, workers will possibly see lower wages, longer
hours, more dangerous working conditions, and threats to their
healthcare and retirement.
The services they provide will suffer as well. Take the case of
nurses: Many fear retribution if they speak out on their own about
unsafe practices that could endanger patients' lives. Instead, many
rely on their unions to provide a strong, unified voice for improved
patient care. It's in our interest to keep that voice strong--just one
example of how healthy unions benefit us all.
The bill introduced today, the RESPECT Act, offers a commonsense step
to protect workers' rights. It deletes the terms ``assign'' and
``responsibly to direct'' from the definition of supervisor--terms that
the NLRB drastically expanded to justify its rulings. The bill also
would require that, to be classified as a supervisor, an employee must
actually be one by specifying that an employee must spend the majority
of his or her worktime in a supervisory capacity.
That's hardly a radical innovation--in fact, it returns us to
Congress's original intent. In 1947, the Senate Committee Report on
amendments to

[[Page S3616]]

the National Labor Relations Act stated that:

the committee has not been unmindful of the fact that
certain employees with minor supervisory duties have problems
which may justify their inclusion in that act. It has
therefore distinguished between straw bosses, leadmen, set-up
men, and other minor supervisory employees, on the one hand,
and the supervisor vested with. . .genuine management
prerogatives.

Clearly, Congress did not intend to deny the right to organize to
those workers whose jobs require only occasional and minor supervisory
duties. The RESPECT Act restores that sensible precedent.
It's not by chance that the rise of the labor movement coincided with
the rise of the largest and strongest middle class the world has ever
seen. The achievements of the labor unions have made it possible for
many working men and women to send their children to college, to store
up savings for sickness, injury, and old age--to move from deprivation
to dignity. The labor movement greatly contributed to the strengthening
of the American middle class.
Organized labor was opposed at every step--sometimes by intimidation,
sometimes by violence, sometimes by propaganda. Today it is opposed by
specious reasoning and twisted definitions of a kind I've rarely seen
in public life. I hope my colleagues will be moved to support this bill
out of their respect for honesty alone. But add the fact that the
security and dignity of so many of their constituents depend on the
right to organize and bargain, and the case becomes as clear as day. I
urge my colleagues to support this bill.
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. 969

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 ``Re-empowerment of Skilled
and Professional Employees and Construction Tradesworkers
Act'' or the ``RESPECT Act''.

SEC. 2. AMENDMENT OF THE NATIONAL LABOR RELATIONS ACT.

Section 2(11) of the National Labor Relations Act (29
U.S.C. 152(11)) is amended--
(1) by inserting ``and for a majority of the individual's
worktime'' after ``interest of the employer'';
(2) by striking ``assign,''; and
(3) by striking ``or responsibly to direct them,''.

Mr. DURBIN. Mr. President, I come to the floor to join Senator Dodd
and Senator Kennedy in introducing the Re-empowerment of Skilled
Professional Employees and Construction Tradesworkers Act, also known
as the RESPECT Act.
This legislation will amend the National Labor Relations Act to
modify the definition of ``supervisor.'' It is necessary because of
recent rulings by the National Labor Relations Board, which has
determined that millions of workers do not fall within the definition
of ``supervisor.'' An employee who is deemed a ``supervisor'' under the
National Labor Relations Act does not have collective bargaining rights
or other labor protections.
The NLRB rulings in these so-called Kentucky River cases have an
enormous impact on nurses. According to the amicus brief filed by the
American Nurses Association and United American Nurses, AFL-CIO, in
these cases, ``[o]f the more than 2.1 million people working as
registered nurses in the United States in the year 2002, 15.6 per cent
were union members. Registered nurses covered by a collective
bargaining agreement can earn approximately 11 per cent more per week
than non-unionized nurses. . . .''
There are 800,000 nurses in this country--40,000 nurses in my home
State of Illinois alone. We owe it to these nurses to find a workable
definition of the term ``supervisor'' so that they and other
professional employees and construction tradesworkers receive the labor
protections that Congress intended.
The supervisor exclusion was created in 1947 when Congress adopted
the Taft-Hartley amendments to the National Labor Relations Act. The
Act defines ``supervisor'' as:

[A]ny individual having authority, in the interest of the
employer, to hire, transfer, suspend, lay off, recall,
promote, discharge, assign, reward, or discipline other
employees, or responsibly to direct them, or to adjust their
grievances, or effectively to recommend such action, if in
connection with the foregoing the exercise of such authority
is not of a merely routine or clerical nature, but requires
the use of independent judgment.

The interpretation and application of this definition has resulted in
years of litigation before the NLRB and courts of appeals. The United
States Supreme Court last spoke on the issue in 2001. In NLRB v.
Kentucky River Community Care, Inc., 532 U.S. 706 (2001), it reviewed
the Board's test for determining supervisory status and rejected the
Board's interpretation. The Supreme Court's decision left open the
interpretation of the term ``supervisor'' and three cases were filed
before the National Labor Relations Board to address this issue:
Oakwood Healthcare, Inc., Case 7-CA-22141, Golden Crest Healthcare
Center, Cases 18-RC-16415 and 18-RC-16416, and Croft Metals, Inc., Case
15-RC-8393.
The NLRB refused to hear oral argument in these cases despite the
fact that its attempt to define supervisory status had been reviewed
and rejected by the Supreme Court and it has been more than 5 years
since the Court's decision in Kentucky River. In July, I joined Senator
Kennedy and other Democrats in a letter to the Chairman of the NLRB to
urge that the Board reconsider its decision not to allow oral arguments
in these cases. The NLRB refused.
In October 2006, the Board issued its rulings and expanded the
meaning of the definition of ``supervisor'' by expanding the meaning of
the terms ``assign'' and ``responsibly to direct.'' The NLRB rulings
override the intent of Congress not to exclude minor supervisory
officials, professionals, skilled craftpersons, and nurses from labor
protections.
Last December, I noted that several States are suffering from nursing
shortages. This legislation is necessary to alleviate the nursing
crisis. More than 72 percent of hospitals experience nursing shortages,
and 1.2 million nursing positions need to be filled within the next
decade. By denying nurses the right to collectively bargain, pay will
surely decrease and the working environment of these nurses will
deteriorate, thereby driving even more nurses out of the profession and
discouraging individuals from entering the field.
I urge my colleagues to join Senators Dodd, Kennedy, and I in
supporting the RESPECT Act--an important effort to help American
nurses, other skilled professional employees, and construction
tradesworkers.
______

By Mr. SMITH (for himself, Mr. Durbin, Mr. Lautenberg, Mr.
Coleman, Mr. Lieberman, Mr. Brownback, Mr. Bayh, Mr. Kyl, Mr.
Thune, Ms. Mikulski, and Mr. Menendez):
S. 970. A bill to impose sanctions on Iran and on other countries for
assisting Iran in developing a nuclear program, and for other purposes;
to the Committee on Finance.
Mr. SMITH. Mr. President, I rise today to address a serious concern
more than 20 years in the making. In large part because of the secrecy
over its nuclear program, America's National Security Strategy for 2006
identifies Iran as one of the greatest challenges to the United States.
The Senate recognized this threat in January 2006 by unanimously
condemning Iran's refusal to comply with its nuclear nonproliferation
obligations. Last September, this body unanimously passed mandatory
sanctions on persons who knowingly helped Iran acquire or develop
weapons of mass destruction. And all the while, Tehran continued its
pursuit of a nuclear program that, unchecked, will lead to a nuclear-
armed Iran.
I cannot overestimate the threat that this poses to the security of
the United States and our allies. Since the revolution that brought it
to power, the theocracy that rules over Iran has demonstrated its
contempt for the democratic ideals on which our country is based. It
has held its own people hostage in an effort to maintain absolute
control over their destiny. And it has spewed forth hate-filled
rhetoric at regular intervals about the very existence of the state of
Israel--a valued American ally in the Middle East.
After years of vigorous diplomacy by Britain, France, and Germany
failed to

[[Page S3617]]

persuade the Iranians to give up their nuclear program, the United
Nations Security Council passed a resolution in December 2006 calling
for the suspension of all enrichment-related activities. Iran ignored
that demand, and instead, responded by stepping up their nuclear
program. Inaction in the face of such an egregious challenge is a
mockery of the international institutions where diplomatic solutions
are tried and tested. Now is the time to use every tool in our arsenal
short of military force to stop the Iranian regime from developing
nuclear weapons, and to send the message that the international
community will not tolerate flagrant violations of our combined will.
I have heard the calls of my colleagues that all efforts should be
made to avoid military intervention in Iran. I agree with them
entirely. But Mr. President, I will not stand idle while up to 3,000
centrifuges in Natanz enrich uranium that one day soon could tip a
warhead aimed at the U.S. or our allies around the world.
Today I am introducing legislation designed to persuade Tehran to
give up its nuclear ambitions. The Iran Counter-Proliferation Act of
2007 will significantly strengthen our economic sanctions against Iran
and any entities that choose to support the regime. I am pleased that
Senator Durbin has joined me in this effort, as well as Senators
Coleman, Lautenberg, Brownback, Lieberman, Kyl, Bayh, and Thune.
This legislation urges the Administration to pursue measures in the
international financial sector to restrict financing in Iran and
encourages foreign state-owned entities to cease investment in Iran's
energy sector. It prohibits all imports from and exports to Iran. It
forbids any action that would extend preferential trade treatment to
Iran or that would lead to Iranian accession to the WTO. And it freezes
assets of senior Iranian officials and their families. By cutting off
Iran's access to the hard currency it needs, we can increase the cost
of their decision to pursue its nuclear program.
The legislation also singles out Russia--a country that has
contributed significantly to the development of Iran's nuclear program
and has significant financial ties with Tehran. Among other
restrictions, the bill prevents the United States from moving forward
with a multi-billion dollar nuclear cooperation agreement with Moscow
until the President certifies that Russia has suspended its nuclear
assistance and the transfers of any conventional weapons and missiles
to Iran. The Russians may feel this is unfair, particularly in light of
their recent announcement they would suspend the delivery of nuclear
fuel to Iran's Bushehr reactor. I am pleased with this decision and
hope that it is the beginning of a new view in Moscow of Iran's nuclear
program. But we must remember that over the past decade, Russia has
periodically suspended its nuclear assistance to Iran only to resume
this assistance at a later date.
The Iran Counter-Proliferation Act also seeks to bring to light the
names of companies that continue to feel it is appropriate to do
business with the mullahs in Tehran. It requires the Administration to
submit an annual report to Congress listing any foreign investments in
Iran's energy sector since January 1 of this year and a determination
on whether such investment is sanctionable under the Iran Sanctions
Act. And it requires a report listing companies with American
operations, whether or not they are incorporated in the United States,
which invest in Iran.
In a further effort to highlight the cost to Iran of ignoring the
demands of the international community, this legislation will reduce
our contributions to the World Bank by the percentage of total money
the World Bank loans to entities in Iran. The United States does not
support these loans, and I urge those countries contributing the most
to the World Bank to oppose such loans in the future.
Finally, Mr. President, the Iran Counter-Proliferation Act calls on
the Administration to designate the Iranian Revolutionary Guard as a
Foreign Terrorist Organization and to add it to the Treasury's list of
Specially Designated Global Terrorists. Funding is increased for the
Office of Terrorism and Financial Intelligence to strengthen the
Treasury's efforts to combat unlawful or terrorist financing.
It is critical for us to realize that our problems with Iran are not
with the Iranian people, whose legitimate aspirations to live freely in
a normal, prosperous country should be recognized. As such, this
legislation designates $10 million in funding to enhance our friendship
with the people of Iran by identifying young Iranians to visit the
United States under U.S. exchange programs.
The time for action is now. I hope my colleagues agree with me that
we must use every available tool short of military force to compel the
Iranian regime to abandon completely, verifiably, and irreversibly
their pursuit of a nuclear weapons capability. I recognize that
sanctions are not always popular, but we need to give them a chance to
work. By doing nothing, we limit our future options in addressing this
significant threat to the United States.
I ask unanimous consent that the full text of the legislation be
printed in the Record.
I urge my colleagues to support the Iran Counter-Proliferation Act of
2007.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 970

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 ``Iran Counter-Proliferation
Act of 2007''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) For more than 20 years, Iran has pursued a secret
nuclear program that is intended to produce a nuclear weapons
capability for Iran.
(2) The Government of Iran has consistently misled the
United Nations, the International Atomic Energy Agency, and
the United States as to the objectives and scope of its
nuclear activities.
(3) Iran has refused to comply with United Nations Security
Council Resolution 1737, adopted on December 23, 2006, which
called for the suspension of all enrichment-related and
reprocessing activities and is advancing work at its largest
nuclear facility.
(4) The International Atomic Energy Agency is unable to
verify the absence of undeclared nuclear material and
activities in Iran and its Director-General has stated that
Iran could be 6 months to a year away from acquiring the
material necessary to make a nuclear weapon.
(5) An Iranian nuclear weapons capability poses a grave
threat to the security of the United States and its allies
around the world.
(6) It is in the national security interests of the United
States to prevent Iran from acquiring a nuclear weapons
capability.
(7) The United States should use all political, economic,
and diplomatic tools at its disposal to prevent Iran from
acquiring a nuclear weapons capability.
(8) Nothing in this Act should be construed as giving the
President the authority to use military force against Iran.

SEC. 3. SENSE OF CONGRESS.

The following is the sense of Congress:
(1) The United States should pursue vigorously all measures
in the international financial sector to restrict Iran's
ability to conduct international financial transactions,
including prohibiting banks in the United States from
handling indirect transactions with Iran's state-owned banks
and prohibiting financial institutions that operate in United
States currency from engaging in dollar transactions with
Iranian institutions.
(2) The United States Trade Representative or any other
Federal official should not take any action that would extend
preferential trade treatment to, or lead to the accession to
the World Trade Organization of, any country that is
determined by the Secretary of State to offer government-
backed export credit guarantees to companies that invest in
Iran or any country in which the government owns or partially
owns an entity that invests in Iran.
(3) Iran should comply fully with its obligations under
United Nations Security Council Resolution 1737, and any
subsequent United Nations resolutions related to Iran's
nuclear program, and in particular the requirement to suspend
without delay all enrichment-related and reprocessing
activities, including research and development, and all work
on all heavy water-related nuclear activities, including
research and development.
(4) The United Nations Security Council should take further
measures beyond Resolution 1737 to tighten sanctions on Iran,
including preventing new investment in Iran's energy sector,
as long as Iran fails to comply with the international
community's demand to halt its nuclear enrichment campaign.
(5) The United States should encourage foreign governments
to direct state-owned entities to cease all investment in
Iran's energy sector and all imports to and exports from Iran
of refined petroleum products and to persuade, and, where
possible, require private entities based in their territories
to cease all investment in Iran's energy sector and all
imports to and exports from Iran of refined petroleum
products.

[[Page S3618]]

(6) Administrators of Federal and State pension plans
should divest all assets or holdings from foreign companies
and entities that have invested or invest in the future in
Iran's energy sector.
(7) Iranian state-owned banks should not be permitted to
use the banking system of the United States.
(8) The Secretary of State should designate the Iranian
Revolutionary Guards as a Foreign Terrorist Organization
under section 219 of the Immigration and Nationality Act (8
U.S.C. 1189) and the Secretary of the Treasury should place
the Iranian Revolutionary Guards on the list of Specially
Designated Global Terrorists under Executive Order 13224 (66
Fed. Reg. 186; relating to blocking property and prohibiting
transactions with persons who commit, threaten to commit, or
support terrorism).

SEC. 4. DEFINITIONS.

In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' has the meaning
given that term in section 14(2) of the Iran Sanctions Act of
1996 (Public Law 104-172; 50 U.S.C. 1701 note).
(2) Investment.--The term ``investment'' has the meaning
given that term in section 14(9) of the Iran Sanctions Act of
1996 (Public Law 104-172; 50 U.S.C. 1701 note).
(3) Iranian diplomats and representatives of other
government and military or quasi-governmental institutions of
iran.--The term ``Iranian diplomats and representatives of
other government and military or quasi-governmental
institutions of Iran'' has the meaning given that term in
section 14(11) of the Iran Sanctions Act of 1996 (Public Law
104-172; 50 U.S.C. 1701 note).
(4) Family member.--The term ``family member'' means, with
respect to an individual, the spouse, children,
grandchildren, or parents of the individual.

SEC. 5. CLARIFICATION AND EXPANSION OF DEFINITIONS.

(a) Person.--Section 14(13)(B) of the Iran Sanctions Act of
1996 (Public Law 104-172; 50 U.S.C. 1701 note) is amended--
(1) by inserting ``financial institution, insurer,
underwriter, guarantor, and other business organization,
including any foreign subsidiary, parent, or affiliate of the
foregoing,'' after ``trust,''; and
(2) by inserting ``, such as an export credit agency''
before the semicolon.
(b) Petroleum Resources.--Section 14(14) of the Iran
Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701
note) is amended by striking ``petroleum and natural gas
resources'' and inserting ``petroleum, petroleum by-products,
liquefied natural gas, oil or liquefied natural gas, oil or
liquefied natural gas tankers, and products used to construct
or maintain pipelines used to transport oil or liquefied
natural gas''.

SEC. 6. RUSSIA NUCLEAR COOPERATION.

SEC. 7. ECONOMIC SANCTIONS RELATING TO IRAN.

(a) In General.--Notwithstanding any other provision of
law, and in addition to any other sanction in effect,
beginning on the date that is 15 days after the date of the
enactment of this Act, the economic sanctions described in
subsection (b) shall apply with respect to Iran, unless the
President makes a certification to Congress described in
subsection (c).
(b) Sanctions.--The sanctions described in this subsection
are the following:
(1) Prohibition on imports.--No article that is grown,
produced, or manufactured in Iran may be imported directly or
indirectly into the United States.
(2) Prohibition on exports.--
(A) In general.--Except as provided in subparagraph (B), no
article that is the growth, product, or manufacture of the
United States may be exported directly or indirectly to Iran.
(B) Exception for food and medicine.--The prohibition in
subparagraph (A) does not apply to exports to Iran of food
and medicine grown, produced, or manufactured in the United
States.
(3) Accession to wto.--The United States Trade
Representative or any other Federal official may not take any
action that would extend preferential trade treatment to, or
lead to the accession to the World Trade Organization of--
(A) Iran; or
(B) any other country that is determined by the Secretary
of State to be--
(i) engaged in nuclear cooperation with Iran, including the
transfer or sale of any item, material, goods, or technology
that can contribute to uranium enrichment or nuclear
reprocessing activities of Iran; or
(ii) contributing to the ballistic missile programs of
Iran.
(4) Freezing assets.--
(A) In general.--At such time as the United States has
access to the names of Iranian diplomats and representatives
of other government and military or quasi-governmental
institutions of Iran, the President shall take such action as
may be necessary to freeze immediately the funds and other
assets belonging to anyone so named, the family members of
those so named, and any associates of those so named to whom
assets or property of those so named were transferred on or
after January 1, 2007. The action described in the preceding
sentence includes requiring any United States financial
institution that holds funds and assets of a person so named
to report promptly to the Office of Foreign Assets Control
information regarding such funds and assets.
(B) Asset reporting requirement.--Not later than 14 days
after a decision is made to freeze the property or assets of
any person under this paragraph, the President shall report
the name of such person to the appropriate congressional
committees.
(5) United states government contracts.--The United States
Government may not procure, or enter into a contract for the
procurement of, any goods or services from a person that
meets the criteria for the imposition of sanctions under
section 5(a) of the Iran Sanctions Act of 1996 (Public Law
104-172; 50 U.S.C. 1701 note).
(c) Certification Described.--The certification described
in this subsection means a certification made by the
President to Congress beginning on the date that is 15 days
after the date of the enactment of this Act that the
President has determined that Iran has completely,
verifiably, and irreversibly dismantled all nuclear
enrichment-related and reprocessing-related programs.
(d) Termination of Sanctions.--The sanctions described in
subsection (b) shall remain in effect until such time as the
President makes the certification to Congress described in
subsection (c).

SEC. 8. LIABILITY OF PARENT COMPANIES FOR VIOLATIONS OF
SANCTIONS BY FOREIGN ENTITIES.

(a) In General.--In any case in which an entity engages in
an act outside the United States that, if committed in the
United States or by a United States person, would violate the
provisions of Executive Order 12959 (60 Fed. Reg. 89) or
Executive Order 13059 (62 Fed. Reg. 162), or any other
prohibition on transactions with respect to Iran imposed
under the authority of the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), the parent company of
the entity shall be subject to the penalties for the act to
the same extent as if the parent company had engaged in the
act.
(b) Applicability.--Subsection (a) shall not apply to a
parent company of an entity on which the President imposed a
penalty for a violation described in subsection (a) that was
in effect on the date of the enactment of this Act if the
parent company divests or terminates its business with such
entity not later than 90 days after such date of enactment.
(c) Definitions.--In this section:
(1) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, or other
organization.
(2) Parent company.--The term ``parent company'' means an
entity that is a United States person and--
(A) the entity owns, directly or indirectly, more than 50
percent of the equity interest by vote or value in another
entity;
(B) board members or employees of the entity hold a
majority of board seats of another entity; or
(C) the entity otherwise controls or is able to control the
actions, policies, or personnel decisions of another entity.
(3) United states person.--The term ``United States
person'' means--
(A) a natural person who is a citizen of the United States
or who owes permanent allegiance to the United States; and
(B) an entity that is organized under the laws of the
United States, any State or territory thereof, or the
District of Columbia, if natural persons described in
subparagraph (A) own, directly or indirectly, more than 50
percent of the outstanding capital stock or other beneficial
interest in such entity.

[[Page S3619]]

SEC. 9. ELIMINATION OF CERTAIN TAX INCENTIVES FOR OIL
COMPANIES INVESTING IN IRAN.

(a) In General.--Subsection (h) of section 167 of the
Internal Revenue Code of 1986 (relating to amortization of
geological and geophysical expenditures) is amended by adding
at the end the following new paragraph:
``(6) Denial when iran sanctions in effect.--
``(A) In general.--If sanctions are imposed under section
5(a) of the Iran Sanctions Act of 1996 or section 7 of the
Iran Counter-Proliferation Act of 2007 (relating to sanctions
with respect to the development of petroleum resources of
Iran) on any member of an expanded affiliated group the
common parent of which is a foreign corporation, paragraph
(1) shall not apply to any expense paid or incurred by any
such member in any period during which the sanctions are in
effect.
``(B) Expanded affiliated group.--For purposes of
subparagraph (A), the term `expanded affiliated group' means
an affiliated group as defined in section 1504(a),
determined--
``(i) by substituting `more than 50 percent' for `at least
80 percent' each place it appears, and
``(ii) without regard to paragraphs (2), (3), and (4) of
section 1504(b).''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to expenses paid or incurred on or after January
1, 2007.

SEC. 10. WORLD BANK LOANS TO IRAN.

(a) Report.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the
Secretary of the Treasury shall submit to the appropriate
congressional committees a report on--
(1) the number of loans provided by the World Bank to Iran;
(2) the dollar amount of such loans; and
(3) the voting record of each member of the World Bank on
such loans.
(b) Reduction of Contribution of the United States.--The
President shall reduce the total amount otherwise payable on
behalf of the United States to the World Bank for fiscal year
2008 and each fiscal year thereafter by an amount that bears
the same ratio to the total amount otherwise payable as--
(1) the total of the amounts provided by the Bank to
entities in Iran, and for projects and activities in Iran, in
the preceding fiscal year, bears to
(2) the total of the amounts provided by the Bank to all
entities, and for all projects and activities, in the
preceding fiscal year.
(c) Allocation of Amounts Not Contributed to the World
Bank.--There is authorized to be appropriated to the United
States Agency for International Development for fiscal year
2008 and each fiscal year thereafter an amount equal to the
revenues made available as a result of the application of
subsection (b). Funds appropriated pursuant to this
subsection shall be made available for the Child Survival and
Health Programs Fund to carry out programs relating to
maternal and child health, vulnerable children, and
infectious diseases other than HIV/AIDS.

SEC. 11. INCREASED CAPACITY FOR EFFORTS TO COMBAT UNLAWFUL OR
TERRORIST FINANCING.

(a) Findings.--The work of the Office of Terrorism and
Financial Intelligence of the Department of Treasury, which
includes the Office of Foreign Assets Control and the
Financial Crimes Enforcement Center, is critical to ensuring
that the international financial system is not used for
purposes of supporting terrorism and developing weapons of
mass destruction.
(b) Authorization.--There is authorized to be appropriated
to the Secretary of the Treasury for the Office of Terrorism
and Financial Intelligence--
(1) $59,466,000 for fiscal year 2008; and
(2) such sums as may be necessary for each of the fiscal
years 2009 and 2010.
(c) Authorization Amendment.--Section 310(d)(1) of title
31, United States Code, is amended by striking ``such sums as
may be necessary for fiscal years 2002, 2003, 2004, and
2005'' and inserting ``$85,844,000 for fiscal year 2008 and
such sums as may be necessary for each of the fiscal years
2009 and 2010''.

SEC. 12. NATIONAL INTELLIGENCE ESTIMATE ON IRAN.

As required under section 1213 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2422), the Director of National
Intelligence shall submit to Congress an updated,
comprehensive National Intelligence Estimate on Iran.

SEC. 13. EXCHANGE PROGRAMS WITH THE PEOPLE OF IRAN.

(a) Sense of Congress.--It is the sense of Congress that
the United States should seek to enhance its friendship with
the people of Iran, particularly by identifying young people
of Iran to come to the United States under United States
exchange programs.
(b) Exchange Programs Authorized.--The President is
authorized to carry out exchange programs with the people of
Iran, particularly the young people of Iran. Such programs
shall be carried out to the extent practicable in a manner
consistent with the eligibility for assistance requirements
specified in section 302(b) of the Iran Freedom Support Act
(Public Law 109-293; 120 Stat. 1348).
(c) Authorization.--Of the amounts available under the
heading ``Educational and Cultural Exchange Programs'', under
the heading ``Administration of Foreign Affairs'', under
title IV of the Science, State, Justice, Commerce, and
Related Agencies Appropriations Act, 2006 (Public Law 109-
108; 119 Stat. 2321), there is authorized to be appropriated
to the President to carry out this section $10,000,000 for
fiscal year 2008.

SEC. 14. RADIO BROADCASTING TO IRAN.

The Broadcasting Board of Governors shall devote a greater
proportion of the programming of the Radio Farda service to
programs offering news and analysis to further the open
communication of information and ideas to Iran.

SEC. 15. INTERNATIONAL REGIME FOR THE ASSURED SUPPLY OF
NUCLEAR FUEL FOR PEACEFUL MEANS.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the Concept for a Multilateral Mechanism for Reliable
Access to Nuclear Fuel, proposed by the United States,
France, the Russian Federation, the Federal Republic of
Germany, the United Kingdom, and the Netherlands on May 31,
2006, is welcome and should be expanded upon at the earliest
possible opportunity;
(2) the proposal by the Government of the Russian
Federation to bring one of its uranium enrichment facilities
under international management and oversight is also a
welcome development and should be encouraged by the United
States;
(3) the offer by the Nuclear Threat Initiative (NTI) of
$50,000,000 in funds to support the creation of an
international nuclear fuel bank by the International Atomic
Energy Agency (IAEA) is also welcome, and the United States
and other member states of the IAEA should pledge
collectively at least an additional $100,000,000 in matching
funds to fulfill the NTI proposal; and
(4) the Global Nuclear Energy Partnership, initiated by
President Bush in January 2006, is intended to provide a
reliable fuel supply throughout the fuel cycle and promote
the nonproliferation goals of the United States.
(b) Policy.--It is the policy of the United States to
support the establishment of an international regime for the
assured supply of nuclear fuel for peaceful means under a
multilateral authority, such as the International Atomic
Energy Agency.
(c) Contributions to IAEA.--
(1) In general.--Subject to the requirements of paragraph
(2), the President is authorized to make voluntary
contributions on a grant basis to the International Atomic
Energy Agency (referred to in this subsection as the
``IAEA'') for the purpose of supporting the establishment of
an international nuclear fuel bank to maintain a reserve of
low-enriched uranium for the production of reactor fuel to
provide to eligible countries in the case of a disruption in
the supply of reactor fuel by normal market mechanisms.
(2) Requirements for contributions.--Before making a
contribution under paragraph (1), the President shall certify
to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate that--
(A) the IAEA has received pledges in a total amount of not
less than $100,000,000 from other governments or entities for
the purpose of supporting the establishment of the
international nuclear fuel bank referred to in paragraph (1);
(B) the international nuclear fuel bank referred to in
paragraph (1) will be under the oversight of the IAEA or
another multilateral authority; and
(C) the international nuclear fuel bank will provide
nuclear reactor fuel to a country only if--
(i) at the time of the request for nuclear reactor fuel,
the country is in full compliance with its IAEA safeguards
agreement and has an additional protocol for safeguards in
force;
(ii) in the case of a country that at any time prior to the
request for nuclear reactor fuel has been determined to be in
noncompliance with its IAEA safeguards agreement, the IAEA
Board of Governors determines that the country has taken all
necessary actions to satisfy any concerns of the IAEA
Director General regarding the activities that led to the
prior determination of noncompliance;
(iii) the country agrees to use the nuclear reactor fuel in
accordance with its IAEA safeguards agreement; and
(iv) the country does not operate uranium enrichment or
spent-fuel reprocessing facilities of any scale.
(3) Authorization of appropriations.--There is authorized
to be appropriated $50,000,000 to carry out this section for
fiscal year 2008. Amounts appropriated for this section are
authorized to remain available until September 30, 2010.

SEC. 16. REPORTING REQUIREMENTS.

(a) Foreign Investment in Iran.--Not later than 180 days
after the date of the enactment of this Act, and every 180
days thereafter, the Secretary of the Treasury shall submit
to the appropriate congressional committees a report on--
(1) any foreign investments made in Iran's energy sector
since January 1, 2007; and
(2) the determination of the President on whether each such
investment qualifies as a sanctionable offense under section
5(a) of the Iran Sanctions Act of 1996 (Public Law 104-172;
50 U.S.C. 1701 note).
(b) Investment by United States Companies in Iran.--Not
later than 180 days after the date of the enactment of this
Act, and annually thereafter, the Secretary of the Treasury
shall report to the appropriate congressional committees the
names of persons

[[Page S3620]]

that have operations or conduct business in the United States
that have invested in Iran and the dollar amount of each such
investment.
(c) Investment by Federal Thrift Savings Plan in Iran.--Not
later than 180 days after the date of the enactment of this
Act, and annually thereafter, the Executive Director of the
Federal Retirement Thrift Investment Board shall report to
the appropriate congressional committees on any investment in
entities that invest in Iran from the Thrift Savings Fund
established under section 8437 of title 5, United States
Code.
(d) List of Designated Foreign Terrorist Organizations.--
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State and the Secretary of the
Treasury shall report to the appropriate congressional
committees on the efforts of the Secretary of State and the
Secretary of the Treasury to place the Iranian Revolutionary
Guards on the list of designated Foreign Terrorist
Organizations under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189) and the list of Specially
Designated Global Terrorists under Executive Order 13224 (66
Fed. Reg. 186; relating to blocking property and prohibiting
transactions with persons who commit, threaten to commit, or
support terrorism).
(e) Establishment of International Regime.--Not later than
180 days after the date of the enactment of this Act, the
President shall submit to the Committee on Foreign Affairs of
the House of Representatives and the Committee on Foreign
Relations of the Senate a report on the activities of the
United States to support the establishment of an
international regime for the assured supply of nuclear fuel
for peaceful means under a multilateral authority, such as
the International Atomic Energy Agency.
(f) Export Credits.--Not later than 90 days after the date
of the enactment of this Act, and every 90 days thereafter,
the Secretary of the Treasury shall report to the appropriate
congressional committees on the export credits issued by
foreign banks to persons investing in the energy sector of
Iran, and any fines, restrictions, or other actions taken by
the President to discourage or prevent the issuance of such
export credits.

Mr. DURBIN. Mr. President, today, my colleagues, Senator Gordon
Smith, Senator Frank Lautenberg, and I join together to introduce
bipartisan legislation to use economic and diplomatic measures to help
convince the Iranian Government to turn away from its path toward the
development of nuclear weapons.
The Iran Counter-Proliferation Act of 2007 would strengthen our
economic sanctions regime against Iran until Iran completely,
verifiably, and irreversibly dismantles all nuclear enrichment and
reprocessing programs.
The bill, for example, would penalize foreign oil companies with U.S.
subsidiaries doing business in Iran and would forbid the awarding of
U.S. Government contracts to those who have violated our existing
sanctions against Iran.
The bill reiterates the requirement to produce a National
Intelligence Estimate on Iran mandated in last year's Defense
Authorization bill.
In addition to these measures, the bill addresses Russia's role in
exporting nuclear and military technology to Iran.
Nuclear cooperation agreements with Russia would be prohibited if
that country continues to assist Iran in developing nuclear weapons.
The United States could not enter into such an agreement with Moscow,
absent a Presidential certification that Russia's assistance to Iran
has ceased.
This week has brought some promising news. Undersecretary of State
for Political Affairs Nicholas Burns testified before the Senate
Banking Committee that Russia has begun applying pressure on Iran to
abandon its nuclear ambitions. That is most welcome, and if the
President provides the verification that Russia's nuclear assistance to
Iran has ceased--and that this is a sea change and not merely a
contract dispute--then our other negotiations with Russia can proceed
unimpeded.
I firmly believe that we should offer positive incentives if Iran
does change course and abandon its programs to develop nuclear weapons.
Iran has energy needs, and we hope that they will join us and the
community of nations in the peaceful acquisition of those resources.
This legislation authorizes $50 million to the International Atomic
Energy Agency to support the establishment of an international nuclear
fuel bank, a concept originally proposed by Congressman Tom Lantos.
This bank would maintain a reserve of low-enriched uranium for reactor
fuel and make it available to countries in full compliance with IAEA
safeguards which do not operate uranium enrichment or spent-fuel
reprocessing facilities. It is our hope that Iran will become one of
these nations.
Because members of the American public are our best ambassadors and
America itself is the strongest evidence of the benefits of freedom and
prosperity, this bill increases the authorization for funding for young
Iranians to come to the United States as part of exchange programs.
I support efforts to engage with Tehran's leaders regarding Iraq.
They should recognize that they, too, have a vested interest in
regional peace and security. This bill is aimed at an issue which we
cannot compromise: the Iranian acquisition of nuclear weapons.
Iran's leaders face a choice of whether to pursue a legitimate goal
of peaceful nuclear power for their citizens or a dangerous strategy to
develop nuclear weapons. We must provide the economic and political
pressure as well as incentives to help Iran choose the path to
legitimacy and nuclear nonproliferation. This legislation will help
achieve that goal.
______

By Mr. BOND (for himself and Mr. Harkin):
S. 971. A bill to establish the National Institute of Food and
Agriculture, to provide funding for the support of fundamental
agricultural research of the highest quality, and for other purposes;
to the Committee on Agriculture, Nutrition, and Forestry.
Mr. BOND. Mr. President, I rise today to introduce legislation with
Sen. Harkin to establish the National Institute of Food and Agriculture
to support fundamental agricultural research of the highest quality. I
present this to begin a critical discussion about how we are going to
ensure the United States capitalizes on new technology to maximize the
benefits and minimize the costs of our agricultural production.
We remain the world leader in food and fiber production. We do it
safely and through technology and the hard work of the American farmer.
In the past half century, the number of people fed by a single U.S.
farm has grown from 19 to 129. Our farmers and farm leaders are on the
cutting edge of developing new technology. And we have seen the
innovations continue to come down the pike. This has made it possible
for one farmer to feed 129 people.
In addition, we export $60 billion worth of agricultural products,
and we do so at less cost and at less harm to the environment than any
of our competitors around the world, again, because of new practices,
diligence on the part of farmers, and new technology.
In a world that has a decreasing amount of soil available for
cultivation, we have a growing population and we still have 800 million
children who are hungry or malnourished throughout the world. Unless we
maximize technology and new practices, production will continue to
overtax the world's natural resources.
Many people legitimately have raised concerns regarding new diseases
and pests and related food safety issues. And they are growing. The
ability of U.S. agriculture producers to maintain our world leadership
in this environment is only as solid as our willingness to commit to
forward-looking investments.
Now, we also know from past experience that with new technology the
doors are being opened to novel new uses of renewable agricultural
products in the fields of energy, medicine, and industrial products. In
the future, we can make our farm fields and farm animals factories for
everyday products, fuels, and medicines in a way that is efficient and
better preserves our natural resources. Advances in the life sciences
have come about, such as genetics, proteomics, and cell and molecular
biology. They are providing the base for new and continuing
agricultural innovations.
It was only about a dozen years ago that farmers in Missouri came to
me to tell me about the potential that genetic engineering and plant
biotechnology had for improving the production of food, and doing so
with less impact on the environment, providing more nutritious food.
Since that time, I have had a wonderful, continuing education, not in
how it works but what it can do.
We know now, for example, that in hungry areas of the world as many
as half a million children go blind from Vitamin A deficiency, and
maybe a

[[Page S3621]]

million die from this deficiency. Through plant biotechnology, the
International Rice Research Institute in the Philippines and others
have developed Golden Rice, taking a gene from the sunflower, a beta-
carotene gene, and they enrich the rice. The Golden Rice now has that
Vitamin A, and that is going to make a significant difference in
dealing with malnutrition.
We also know that in many areas of the world, where agricultural
production has overtaxed the land, where drought has cut the
production, where virus has plagued production, the way we can make
farmers self-sufficient and restore the farm economy in many of these
countries, is through plant biotechnology. But this is just the
beginning. This legislation I am introducing today seeks to lay the
foundation for tremendous advances in the future.
This legislation stems from findings and recommendations produced by
a distinguished group of scientists working on the Agricultural
Research, Economics and Education Task Force, which I was honored to be
able to include in the 2002 farm bill. The distinguished task force was
led by Dr. William H. Danforth, of St. Louis, the brother of our former
distinguished colleague, Senator Jack Danforth. Dr. Bill Danforth has a
tremendous reputation in science and in education, with a commitment to
human welfare and is known worldwide. He was joined by Dr. Nancy Betts,
the University of Nebraska; Mr. Michael Bryan, president of BBI
International; Dr. Richard Coombe, the Watershed Agricultural Council;
Dr. Victor Lechtenbert, Purdue University; Dr. Luis Sequeira, the
University of Wisconsin; Dr. Robert Wideman, the University of
Arkansas; and Dr. H. Alan Wood, Mississippi State University.
I extend my congratulations and my sincere gratitude to Dr. Danforth
and his team for providing the basis and the roadmap to ensure we have
the mechanisms in place to solve the problems and capitalize on the
opportunities in agricultural research. The full report of the task
force can be found at www.ars.usda.gov/research.htm.
In summary, that study concludes that it is absolutely necessary we
reinvigorate and forward focus our technology to meet the
responsibilities of our time. New investment is critical for the
world's consumers, the protection of our natural resources, the
standard of living for Americans who labor in rural America, and for
the well-being of the hungry people and the needy people throughout the
world.
This legislation is supported by the some 22 Member and Associate
Member Societies of the Federation of American Societies for
Experimental Biology, as well as the Institute of Food Technologists,
American Society of Agronomy, Crop Science Society of America, Soil
Science Society of America, the Council for Agricultural Research, the
National Coalition for Food and Agricultural Research, the American
Soybean Association, National Cattlemen's Beef Association, National
Chicken Council, National Corn Growers Association, National Farmers
Union, National Milk Producers Federation, National Pork Producers
Council, National Turkey Federation, Association of American Veterinary
Medical Colleges and the United Fresh Fruit and Vegetable Association.
I look forward to pursuing this vision in the 110th Congress. I
invite my colleagues who are interested in science and research to
review this report, to look at this measure, to join with me and
Senator Harkin to talk about moving forward on what I think will be a
tremendous opportunity to improve agriculture and its benefits to all
our populations.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

S. 971

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 ``National Institute of Food
and Agriculture Act of 2007''.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds that--
(1) the task force established under section 7404 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3101
note; 116 Stat. 457)--
(A) conducted an exhaustive review of agricultural research
in the United States; and
(B) evaluated the merits of establishing 1 or more national
institutes focused on disciplines important to the progress
of food and agricultural science;
(2) according to findings and recommendations provided to
Congress by the task force--
(A) agriculture in the United States faces critical
challenges, including impending crises in the food,
agricultural, and natural resource systems of the United
States;
(B) exotic diseases and pests threaten crops and livestock;
(C) the United States faces a public health epidemic due to
the increasing number of overweight and obese Americans;
(D) agriculturally-related environmental degradation is a
serious problem for the United States and other parts of the
world;
(E) certain animal diseases threaten human health; and
(F) agricultural producers in the United States of several
primary crops are no longer the world's lowest-cost
producers;
(3) to meet those critical challenges, it is essential that
the United States ensure that the agricultural innovation
that has been so successful in the past continues in the
future;
(4) agricultural innovation has resulted in hybrid and
higher-yielding varieties of basic crops and enhanced the
global food supply by increasing yields on existing acres;
(5) since 1960, the global population has tripled, but
there has been no net increase in the quantity of land in the
United States under cultivation;
(6) as of the date of enactment of this Act, only 1.5
percent of the population of the United States provides food
and fiber to partially supply the needs of the United States;
(7)(A) agriculture, fundamental agricultural research, and
fundamental sciences play a major role in maintaining the
health and welfare of all people of the United States and
maintaining the land and water of the United States; and
(B) that role must be expanded;
(8) research that leads to understandings of the ways in
which cells and organisms function is critical to continued
innovation in agriculture in the United States;
(9) future innovations developed as a result of those
understandings are dependent on fundamental scientific
research and would be enhanced by ideas and technologies from
other fields of science and research;
(10) opportunities to advance fundamental knowledge of
benefit to agriculture in the United States have never been
greater;
(11) many of those new opportunities are the result of
amazing progress in the life sciences during recent decades,
attributable in large part to the provision made by the
Federal Government through the National Institutes of Health
and the National Science Foundation;
(12) new technologies and new concepts have expedited
advances in the fields of genetics, cell and molecular
biology, and proteomics;
(13) much of that scientific knowledge is ready to be used
in agriculture and food sciences through a sustained,
disciplined research effort at an institute dedicated to
conducting that research;
(14) publicly-sponsored research is essential to continued
agricultural innovation--
(A) to mitigate or harmonize the long-term effects of
agriculture on the environment;
(B) to enhance the long-term sustainability of agriculture;
and
(C) to improve the public health and welfare;
(15) competitive, peer-reviewed fundamental agricultural
research is best suited to promoting the research from which
breakthrough innovations that agriculture and society require
will come;
(16) it is in the national interest to dedicate additional
funds on a long-term, ongoing basis to an institute dedicated
to funding competitive, peer-reviewed grant programs that
support and promote the highest caliber of fundamental
agricultural research;
(17) the capability of the United States to be
internationally competitive in agriculture is threatened by
inadequate investment in research;
(18) to be successful over the long term, grant-receiving
institutions must be adequately reimbursed for costs of
conducting agricultural research if the institutions are to
pursue that kind of research; and
(19) to meet those challenges, address those needs, and to
provide for vitally needed agricultural innovation, it is in
the national interest to provide sufficient Federal funds
over the long term to fund a significant program of
fundamental agricultural research through an independent
national institute.
(b) Purpose.--The purpose of this Act is to establish a
national institute--
(1) to ensure that the technological superiority of
agriculture in the United States effectively serves the
people of the United States in the coming decades; and
(2) to support and promote fundamental agricultural
research of the highest caliber to achieve the goals of--
(A) increasing the international competitiveness of
agriculture in the United States;
(B) developing foods and expanding knowledge to improve
diet, nutrition, and health, and to combat obesity;
(C) decreasing the dependence of the United States on
foreign sources of petroleum by--
(i) developing biobased fuels and products;

[[Page S3622]]

(ii) enhancing methods of production at biobased fuels
refineries;
(iii) reducing energy consumption at biobased fuel
refineries; and
(iv) increasing the use of coproducts of biobased fuels
production;
(D) creating new and more useful products from plants and
animals;
(E) improving food safety to reduce the incidence of
foodborne illness in the United States;
(F) improving food security by protecting plants and
animals in the United States from insects, diseases, and the
threat of bioterrorism;
(G) enhancing agricultural sustainability;
(H) improving the environment;
(I) strengthening the economies of rural communities in the
United States;
(J) improving farm profitability and the viability and
competitiveness of small and moderate-sized farms;
(K) strengthening national security by improving the
agricultural productivity of subsistence farmers in
developing countries to combat hunger and the political
instability that hunger produces;
(L) assisting in modernizing and revitalizing the
agricultural research facilities of the United States at
institutions of higher education, independent, nonprofit
research institutions, and consortia of those institutions,
through capital investment; and
(M) achieving such other goals, and meeting such other
needs, as the Secretary or the Institute determines to be
appropriate.

SEC. 3. DEFINITIONS.

In this Act:
(1) Council.--The term ``Council'' means the Standing
Council of Advisors established by section 4(d)(1).
(2) Department.--The term ``Department'' means the
Department of Agriculture.
(3) Director.--The term ``Director'' means the Director of
the Institute.
(4) Fundamental agricultural research; fundamental
science.--The terms ``fundamental agricultural research'' and
``fundamental science'' mean research or science that, as
determined by the Secretary--
(A) advances the frontiers of knowledge so as to lead to
practical results or to further scientific discovery; and
(B) has an effect on agriculture, food, human health, or
another purpose of this Act as described in section 2(b).
(5) Institute.--The term ``Institute'' means the National
Institute of Food and Agriculture established by section
4(a).
(6) Multidisciplinary grant.--The term ``multidisciplinary
grant'' means a grant provided to 2 or more collaborating
investigators to carry out coordinated, multidisciplinary
research programs involving multiple disciplines that has
been approved by the Institute.
(7) Project grant.--The term ``project grant'' means a
grant provided to 1 or more principal investigators to
conduct research that has been approved by the Institute.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(9) State.--The term ``State'' means--
(A) each of the several States of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(10) United states.--The term ``United States'', when used
in a geographical sense, means all of the States.

SEC. 4. ESTABLISHMENT; COMPOSITION.

(a) Establishment.--There is established within the
Department an agency to be known as the ``National Institute
of Food and Agriculture''.
(b) Location.--The location of the Institute shall be
determined by the Secretary.
(c) Composition.--The Institute shall be composed of the
Council (including committees and offices established under
section 5) and the Director.
(d) Standing Council of Advisors.--
(1) Establishment.--There is established a Standing Council
of Advisors.
(2) Composition.--The Council shall be composed of 25
members, including--
(A) the Director; and
(B) 24 members appointed by the Secretary, with the
concurrence of the Director, of whom--
(i) 12 members shall be highly-qualified scientists who, as
determined by the Secretary--

(I) are not employees of the Federal Government;
(II)(aa) have expertise in the fields of agricultural
research, science, food and nutrition, or related appropriate
fields; and
(bb) represent a diversity of those fields;
(III) are appropriate for membership on the Council solely
on the basis of established records of distinguished service;
and
(IV) collectively represent the views of agricultural
research and scientific leaders in all regions of the United
States; and

(ii) 12 stakeholders shall be distinguished members of the
public, as determined by the Secretary, including--

(I) representatives of agricultural organizations and
industry; and
(II) individuals with expertise in the environment,
subsistence agriculture, energy, food and nutrition, and
human health and disease.

(3) Term.--The members of the Council shall serve
staggered, 4-year terms, as determined by the Secretary.
(4) Meetings.--The Council shall meet at the call of the
Director and the Secretary, but not less often than annually.
(5) Chairperson and vice chairperson.--The Council shall
elect a Chairperson and Vice Chairperson from among the
members of the Council.
(6) Duties.--The Council shall--
(A) assist the Director in--
(i) establishing research priorities of the Institute; and
(ii) reviewing, judging, and maintaining the relevance of
the programs of the Institute;
(B) review all proposals approved by the scientific
committees established under section 5(a)(1) to ensure, to
the maximum extent practicable, that the purposes of this Act
are being met; and
(C) through the meetings described in paragraph (4),
provide an interface between scientists and stakeholders to
ensure, to the maximum extent practicable, that the Institute
is coordinating national goals with realistic scientific
opportunities.
(e) Director.--
(1) In general.--The Institute shall be headed by a
Director, who shall be an individual who is--
(A) a distinguished scientist; and
(B) appointed by the President (after taking into
consideration recommendations provided by the Council), by
and with the advice and consent of the Senate.
(2) Term.--The Director shall serve for a single, 6-year
term.
(3) Compensation.--The Director shall receive basic pay at
the rate provided for level II of the Executive Schedule
under section 5513 of title 5, United States Code.
(4) Supervision.--The Director shall report directly to the
Secretary.
(5) Authority and responsibilities of director.--
(A) In general.--Except as otherwise specifically provided
in this Act, the Director shall--
(i) exercise all of the authority provided to the Institute
by this Act (including any powers and functions delegated to
the Director by the Council);
(ii) in consultation with the Council, formulate programs
in accordance with policies adopted by the Institute;
(iii) establish committees and offices within the Institute
in accordance with section 5;
(iv) establish procedures for the peer review of research
funded by the Institute;
(v) establish procedures for the provision and
administration of grants by the Institute in accordance with
this Act;
(vi) assess the personnel needs of agricultural research in
the areas supported by the Institute, and, if determined to
be appropriate by the Director or the Secretary, for other
areas of food and agricultural research; and
(vii) cooperate with the Council to plan programs that will
help meet agricultural personnel needs in the future,
including portable fellowship and training programs in
fundamental agricultural research and fundamental science.
(B) Finality of actions.--An action taken by the Director
in accordance with this Act (or in accordance with the terms
of a delegation of authority from the Council) shall be final
and binding upon the Institute.
(C) Delegation and redelegation of functions.--
(i) In general.--Except as provided in clauses (ii) and
(iii), the Director may, from time to time and as the
Director considers to be appropriate, authorize the
performance by any other officer, agency, or employee of the
Institute of any of the functions of the Director under this
Act, including functions delegated to the Director by the
Council.
(ii) Policymaking functions.--The Director may not
redelegate policymaking functions delegated to the Director
by the Council.
(iii) Contracts, grants, and other arrangements.--The
Director may enter into contracts and other arrangements, and
provide grants, in accordance with this Act--

(I) only with the prior approval of the Council or under
authority delegated by the Council; and
(II) subject to such conditions as the Council may specify.

(iv) Reporting.--The Director shall promptly report each
contract or other arrangement entered into, each grant
awarded, and each other action of the Director taken, under
clause (iii) to the Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on Agriculture of
the House of Representatives.
(6) Status on council.--
(A) In general.--The Director shall be an ex officio member
of the Council.
(B) Compensation and tenure.--Except with respect to
compensation and tenure, the service of the Director on the
Council shall be coordinated with the service of other
members of the Council.
(C) Voting; election.--The Director shall be--
(i) a voting member of the Council; and
(ii) eligible for election by the Council as Chairperson or
Vice Chairperson of the Council.
(7) Staff.--
(A) In general.--Subject to this paragraph, the Director
shall recruit and hire such senior staff and other personnel
as are

[[Page S3623]]

necessary to assist the Director in carrying out this Act.
(B) Senior staff.--Each individual hired as senior staff of
the Director shall--
(i) be a highly accomplished scientist, as determined by
the Director;
(ii) be recruited from the active scientific community; and
(iii) be appointed and serve on the basis of 4-year,
rotating appointments.
(C) Temporary staff.--Staff hired by the Director under
this paragraph may include scientists and other technical and
professional personnel hired for limited terms, or on
temporary bases, including individuals on leave of absence
from academic, industrial, or research institutions to work
for the Institute.
(D) Compensation.--
(i) In general.--Except as provided in clause (ii), subject
to such policies as the Council shall periodically prescribe,
the Director may fix the compensation of staff hired under
this paragraph 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.
(ii) Maximum rate of pay.--The rate of pay for an
individual hired under this paragraph shall not exceed the
rate payable for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(8) Reporting and consultation.--The Director shall--
(A) periodically report to the Secretary with respect to
activities carried out by the Institute; and
(B) consult regularly with the Secretary to ensure, to the
maximum extent practicable, that--
(i) research of the Institute is relevant to agriculture in
the United States and otherwise serves the national interest;
and
(ii) the research of the Institute supplements and
enhances, and does not replace, research conducted or funded
by--

(I) other agencies of the Department;
(II) the National Science Foundation; or
(III) the National Institutes of Health.

SEC. 5. COMMITTEES AND OFFICES OF INSTITUTE.

(a) Standing Scientific Committees.--
(1) In general.--The Director may establish such number of
standing scientific committees within the Institute as the
Director determines to be appropriate.
(2) Composition.--A standing scientific committee
established under paragraph (1) shall consist of such members
of the Council appointed under section 4(d)(2)(B)(i) as the
Director may select.
(3) Term.--Members of a standing scientific committee
established under paragraph (1) shall serve for staggered, 4-
year terms, as determined by the Director.
(4) Review of proposals.--
(A) In general.--A standing scientific committee shall
apply rigorous merit review to research proposals received by
the Institute to ensure, to the maximum extent practicable,
that research funded by the Institute is scientifically of
high quality.
(B) Determination of scientific merit.--A research proposal
received by the Institute and reviewed by a standing
scientific committee under subparagraph (A) shall be--
(i) assigned a score based on the scientific merit of the
proposal, as determined by the standing scientific committee;
and
(ii) if approved by the standing scientific committee,
forwarded, along with the score, to the Council for final
review.
(C) Declination of proposals.--If the Council determines
that a research proposal forwarded under this paragraph does
not meet standards of scientific review established by a
standing scientific committee or any similar standard
established by the Director, the Council shall decline to
recommend the research proposal for funding by the Institute.
(5) Ad hoc review members.--The Director may supplement a
standing scientific committee under this subsection with 1 or
more ad hoc reviewers in a case in which a research proposal
received by the Institute requires specialized knowledge not
represented on that or any other standing scientific
committee.
(b) Offices.--
(1) Office of advanced science and application.--
(A) Establishment.--The Director shall establish within the
Institute an Office of Advanced Science and Application
(referred to in this paragraph as the ``Office'').
(B) Duties.--The Office shall--
(i) closely monitor national needs and advances in research
with the goal of identifying pressing problems for which
solutions are realistically achievable through research;
(ii) coordinate creative talent from diverse disciplines to
bridge potential gaps between fundamental agricultural
research and high-priority, practical needs; and
(iii) recommend to the Director ways in which existing
fundamental agricultural research may be applied to the most
urgent problems addressed by the Institute.
(C) Staff.--
(i) In general.--The Office shall employ a small, focused
staff of rotating experts in science and agriculture.
(ii) Talent pool; term.--Primary staff of the Office--

(I) shall be appointed from the ranks of active scientists;
and
(II) shall serve terms of not to exceed 3 years.

(D) Intensive study groups.--The Office shall--
(i) focus primarily on the most urgent problems addressed
by the Institute; and
(ii) assemble such intensive study groups as are necessary
to address those problems.
(E) Reports.--The Office shall submit to the Director and
the Council periodic reports that--
(i) describe the activities being carried out by the
Office; and
(ii) recommended new research priorities for the Office, as
appropriate.
(2) Office of scientific assessment and liaison.--
(A) Establishment.--The Director shall establish within the
Institute an Office of Scientific Assessment and Liaison
(referred to in this paragraph as the ``Office'').
(B) Duties.--The Office shall--
(i) monitor the effectiveness of the scientific
expenditures by the Institute;
(ii) oversee the coordination of research efforts of the
Institute with those of other programs;
(iii) assess the effectiveness of programs of the Institute
by evaluating--

(I) the quality of the science funded by the Institute,
using such tools as are readily available; and
(II) the contributions of the Institute to the national
research effort, including ways in which the Institute
collaborates and cooperates with the Department and with
other Federal agencies; and

(iv) encourage cooperative approaches among various
research agencies within the Federal Government.
(3) Office of scientific personnel.--
(A) Establishment.--The Director shall establish within the
Institute an Office of Scientific Personnel (referred to in
this paragraph as the ``Office'').
(B) Duties.--The Office shall--
(i) cooperate with scientific and agricultural experts to
assess--

(I) the number of scientists in agriculture and related
fields in the United States; and
(II) how many additional scientists in agriculture and
related fields are needed to meet the purposes of this Act;
and

(ii) generate and maintain data that may assist the
Director and the Council in planning appropriate Institute
fellowship and training programs.
(4) Additional offices.--The Director may establish such
additional offices within the Institute as the Director or
the Council determines to be necessary to carry out the
duties of the Institute under this Act.

SEC. 6. DUTIES.

(a) In General.--The Institute shall provide competitive,
peer-reviewed grants in accordance with section 8(b) to
support and promote the highest quality of fundamental
agricultural research, including grants to fund research
proposals submitted by--
(1) individual scientists;
(2) research centers composed of a single institution or
multiple institutions; and
(3) other individuals and entities from the private and
public sectors, including researchers of the Department and
other Federal agencies.
(b) Report to Congress.--Not later than December 31, 2008,
and biennially thereafter, the Institute shall submit to the
Secretary, the Committee on Agriculture, Nutrition, and
Forestry of the Senate, and the Committee on Agriculture of
the House of Representatives a comprehensive report that
describes the research funded and other activities carried
out by the Institute during the period covered by the report.

SEC. 7. POWERS.

(a) In General.--The Institute shall have such authority as
is necessary to carry out this Act, including the authority--
(1) to promulgate such regulations as the Institute
considers to be necessary for governance of operations,
organization, and personnel;
(2) to make such expenditures as are necessary to carry out
this Act;
(3) to enter into contracts or other arrangements, or
modifications of contracts or other arrangements--
(A) to provide for the conduct, by organizations or
individuals in the United States (including other agencies of
the Department, Federal agencies, and agencies of foreign
countries), of such fundamental agricultural research,
research relating to fundamental science, or related
activities as the Institute considers to be necessary to
carry out this Act; and
(B) at the request of the Secretary, for the conduct of
such specific fundamental agricultural research as is in the
national interest or is otherwise of critical importance, as
determined by the Secretary, with the concurrence of the
Institute;
(4) to make advance, progress, and other payments relating
to research and scientific activities without regard to
subsections (a) and (b) of section 3324 of title 31, United
States Code;
(5) to acquire by purchase, lease, loan, gift, or
condemnation, and to hold and dispose of by grant, sale,
lease, or loan, real and personal property of all kinds
necessary for, or resulting from, the exercise of authority
under this Act;
(6) to receive and use donated funds, if the funds are
donated without restriction other than that the funds be used
in furtherance of 1 or more of the purposes of the Institute;
(7) to publish or arrange for the publication of research
and scientific information to further the full dissemination
of information

[[Page S3624]]

of scientific value consistent with the national interest,
without regard to section 501 of title 44, United States
Code;
(8)(A) to accept and use the services of voluntary and
uncompensated personnel; and
(B) to provide such transportation and subsistence as are
authorized by section 5703 of title 5, United States Code,
for individuals serving without compensation;
(9) to prescribe, with the approval of the Comptroller
General of the United States, the extent to which vouchers
for funds expended under contracts for scientific or
engineering research shall be subject to itemization or
substantiation prior to payment, without regard to the
limitations of other laws relating to the expenditure and
accounting of public funds;
(10) to arrange with and reimburse the Secretary, and the
heads of other Federal agencies, for the performance of any
activity that the Institute is authorized to conduct; and
(11) to enter into contracts, at the request of the
Secretary, for the carrying out of such specific agricultural
research as is in the national interest or otherwise of
critical importance, as determined by the Secretary, with the
consent of the Institute.
(b) Transfer of Research Funds of Other Departments or
Agencies.--Funds available to the Secretary, or any other
department or agency of the Federal Government, for
agricultural or scientific research shall be--
(1) available for transfer, with the approval of the
Secretary or the head of the other appropriate department or
agency involved, in whole or in part, to the Institute for
use in providing grants in accordance with the purposes for
which the funds were made available; and
(2) if so transferred, expendable by the Institute for
those purposes.
(c) Restriction on Activities.--The Institute--
(1) shall be a grant-making entity only; and
(2) shall not--
(A) conduct fundamental agricultural research or research
relating to fundamental science; or
(B) operate any laboratory or pilot facility.

SEC. 8. BUDGET CONSIDERATIONS.

(a) Budgetary Management Goals.--The Director, in
coordination with the Secretary, shall manage the budget of
the Institute to achieve the goals of--
(1) providing sufficient funds over a period of time to
achieve the purposes of this Act;
(2) fostering outstanding scientific talent, and directing
that talent toward work on issues relating to agriculture;
and
(3) adequately reimbursing grant-receiving institutions for
costs to encourage the pursuit of agriculturally-related
research.
(b) Budgetary Guidelines for Grants.--
(1) In general.--To achieve the goals described in
subsection (a), the Institute shall, to the maximum extent
practicable, ensure that grants awarded for each fiscal year
comply with the guidelines described in paragraphs (2) and
(3).
(2) Project grants.--With respect to project grants, to the
maximum extent practicable--
(A) the Institute shall award approximately 1,000 new
project grants annually;
(B) the average project grant amount, including overhead,
shall be approximately $225,000 for each fiscal year, as
adjusted in accordance with the Consumer Price Index for all-
urban consumers, United States city average, as published by
the Bureau of Labor Statistics;
(C) a project grant shall be provided for a maximum period
of 5 years, with an average award duration of 3.5 years;
(D) the Institute shall require the recipients of a project
grant to submit appropriate reports on research carried out
using funds from the project grant; and
(E) the Institute shall provide such number of training
project grants as the Director or the Institute determines to
be appropriate.
(3) Multidisciplinary grants.--With respect to
multidisciplinary grants, to the maximum extent practicable--
(A) for each of fiscal years 2008 through 2011, the
Institute shall provide 10 multidisciplinary grants;
(B) for fiscal year 2012 and subsequent fiscal years, the
Institute shall provide multidisciplinary grants to fund not
fewer than 40 research centers, on the conditions that--
(i) sufficient funds are available; and
(ii) a sufficient number of qualified research proposals
are received;
(C) the research centers provided multidisciplinary grants
may be composed of a single institution or multiple
institutions;
(D) the average multidisciplinary grant amount, including
overhead, shall be approximately $3,000,000 for each fiscal
year, as adjusted in accordance with the Consumer Price Index
for all-urban consumers, United States city average, as
published by the Bureau of Labor Statistics;
(E) a multidisciplinary grant shall be provided for a
maximum period of 5 years;
(F) in the aggregate, multidisciplinary grants provided
under this paragraph for a fiscal year shall represent
approximately 15 percent of the total grants provided by the
Institute for the fiscal year, on the condition that a
sufficient number of qualified research proposals are
received for the fiscal year; and
(G) merit review of the research proposal relating to the
multidisciplinary grant is conducted to ensure, to the
maximum extent practicable, that only quality research
proposals are funded.
(c) Indirect Costs.--As part of a project grant or
multidisciplinary grant provided under this Act, the
Institute shall pay indirect costs of conducting research,
including the costs of overhead, to the recipient of the
grant at a rate that is not less than any standard negotiated
rate applicable to similar grants made by the National
Institutes of Health or the National Science Foundation, as
of the date of enactment of this Act, as determined by the
Secretary.

SEC. 9. FUNDING.

(a) In General.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this Act--
(1) for fiscal year 2008, $245,000,000 for project grants,
of which not more than $20,000,000 shall be made available
for administrative expenses incurred by the Institute;
(2) for fiscal year 2009, $515,000,000, of which--
(A) not less than $450,000,000 shall be made available for
project grants;
(B) not less than $30,000,000 shall be made available for
multidisciplinary grants; and
(C) not more than $35,000,000 shall be available for
administrative expenses incurred by the Institute;
(3) for fiscal year 2010, $780,000,000, of which--
(A) not less than $675,000,000 shall be made available for
project grants;
(B) not less than $60,000,000 shall be made available for
multidisciplinary grants; and
(C) not more than $45,000,000 shall be made available for
administrative expenses incurred by the Institute;
(4) for fiscal year 2011, $935,000,000, of which--
(A) not less than $800,000,000 shall be made available for
project grants;
(B) not less than $90,000,000 shall be made available for
multidisciplinary grants; and
(C) not more than $45,000,000 shall be made available for
administrative expenses incurred by the Institute; and
(5) for fiscal year 2012 and each fiscal year thereafter,
$966,000,000, of which--
(A) not less than $800,000,000 shall be made available for
project grants;
(B) not less than $120,000,000 shall be made available for
multidisciplinary grants; and
(C) not more than $46,000,000 shall be made available for
administrative expenses incurred by the Institute.
(b) Limitation.--For fiscal year 2012 and each subsequent
fiscal year, administrative expenses paid by the Institute
shall not exceed 5 percent of the total expenditures of the
Institute for the fiscal year.

Mr. HARKIN. Mr. President, today, Senator Bond and I are introducing
the National Institute of Food and Agriculture Act of 2007. The 2002
farm bill created a Research, Education and Economics Task Force within
the Department of Agriculture (USDA)to evaluate agricultural research.
A key recommendation of this task force was to create a National
Institute for Food and Agriculture (NIFA) within USDA in order to
support fundamental food and agricultural research to ensure that
American agriculture remains competitive now and in the future. This
bill does exactly that. The NIFA would be a grant-making agency that
funds food and agricultural research through a competitive, peer-
reviewed process. These funds would be in addition to, not as a
substitute for, current research programs at USDA's Agricultural
Research Service (ARS) and Cooperative State Research, Education, and
Extension Service (CSREES).
American agriculture must ensure that our Nation continues to produce
safe and nutritious food for an increasing population.
Other challenges include renewable energy production, rural
development, food safety, nutrition and quality, and conserving the
environment. The Senate Committee on Agriculture, Nutrition, and
Forestry held a hearing on agricultural research on March 7 of this
year, and it became clear to me that what we need in agricultural
research is not only more resources, but also more competitive funding
while at the same time, preserving the capacity funding necessary for
intramural research, extension and education at USDA and at our land-
grant institutions. The NIFA Act of 2007 contains $3.4 billion of
mandatory funding for the next 5 years to provide the food and
agriculture sector with the innovation needed to confront these and
other challenges facing American farmers and consumers of food and
agriculture products now and in the future. Over a 10-year period, this
legislation would provide for research a little over 1 percent of total
mandatory funding at the Department of Agriculture. One percent is
certainly a relatively modest investment given the public benefits of
agricultural research, the results of which we reap every day as we
consume a safe and affordable food supply, and as we look to increase
farm-based renewable energy and biobased products. If we do not invest
in research

[[Page S3625]]

now, increased globalization and competition from foreign markets will
become real threats to U.S. agriculture. I encourage my colleagues to
join me in supporting the National Institute of Food and Agriculture
Act of 2007.
______

By Mr. LAUTENBERG (for himself, Mr. Kennedy, Mrs. Murray, Mr.
Schumer, Mrs. Boxer, Mr. Harkin, and Mr. Brown):
S. 972. A bill to provide for the reduction of adolescent pregnancy,
HIV rates, and other sexually transmitted diseases, and for other
purposes; to the Committee on Health, Education, Labor, and Pensions.
Mr. LAUTENBERG. Mr. President, I rise to introduce the Responsible
Education About Life or ``REAL'' Act along with my cosponsors Senators
Kennedy, Murray, Schumer, Boxer, and Harkin.
The REAL Act aims to reduce adolescent pregnancy, HIV rates, and
other sexually transmitted diseases, by providing Federal funds for
comprehensive sex education in schools.
Comprehensive sex education is medically accurate, age appropriate
education that includes information about both contraception and
abstinence. It is an approach that tells our kids the truth.
The REAL act will help young people make smart choices and give them
all the information--not just the ``abstinence only'' side of the
story.
For years, taxpayer dollars have been flooded into unproven
``abstinence-only'' programs--while no federal program is dedicated to
comprehensive sex education.
Under the Bush administration, Federal support for ``abstinence-
only'' education has expanded rapidly.
The proof is in the numbers. In the last 4 years, the Federal
government has spent over $680 million dollars on ``abstinence only''
programs. This year President Bush is asking for another $204 million
dollars for ``abstinence only'' education despite little evidence that
these programs actually work.
Would you like to know how much money the government has devoted to
comprehensive sex education programs over this same time? Zero dollars.
Much of the taxpayer funds going to ``abstinence-only'' programs are
essentially being wasted.
After years of ``abstinence only'' programs, the United States still
has the highest rates of teen pregnancy in the industrialized world and
approximately 50 young Americans a day, an average of two an hour, are
infected with HIV.
We have tried denying young people information about contraception
and STD prevention and now it is time to provide them with medically
accurate comprehensive sex education.
Comprehensive sex education simply works better.
It is a fact that teenagers who receive sex education that includes
discussion of contraception are more likely to delay sexual activity
than those who receive abstinence-only education.
The American public knows what works. Parents do not want sexual
education programs limited to abstinence in schools. More than eight in
10 Americans favor comprehensive sexuality education programs that
include information about contraception over those that only promote
abstinence.
The stakes are high: of the 19 million cases of sexually transmitted
diseases every year in the United States, almost half of them strike
young people between the ages of 15 and 24.
These aren't just numbers. These are our sons and daughters whose
health and well-being are jeopardized when ideology comes before sound
public policy.
That is why we are introducing this legislation today. It's time for
a more balanced approach; it's time to protect out kids, and it's time
to get REAL.
The REAL Act is step in a more effective direction. It brings sex
education up-to-date in a way that will reflect the serious issues and
real life situations millions of young people find themselves in every
year.
Young people have a right to accurate and complete information that
could protect their health and even save their lives. I urge my
colleagues to support the REAL Act and make it possible to give young
people the tools to make safe and responsible decisions.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

S. 972

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 ``Responsible Education About
Life Act''.

SEC. 2. FINDINGS.

The Congress finds as follows:
(1) The American Medical Association (``AMA''), the
American Nurses Association (``ANA''), the American Academy
of Pediatrics (``AAP''), the American College of
Obstetricians and Gynecologists (``ACOG''), the American
Public Health Association (``APHA''), and the Society of
Adolescent Medicine (``SAM'') support responsible sexuality
education that includes information about both abstinence and
contraception.
(2) Recent scientific reports by the Institute of Medicine,
the American Medical Association, and the Office on National
AIDS Policy stress the need for sexuality education that
includes messages about abstinence and provides young people
with information about contraception for the prevention of
teen pregnancy, HIV/AIDS and other sexually transmitted
diseases (``STDs'').
(3) Government-funded abstinence-only-until-marriage
programs are precluded from discussing contraception except
to talk about failure rates. An October 2006 report from the
Government Accountability Office concluded that the current
administration of abstinence-only-until-marriage programs by
the Department of Health and Human Services (``HHS'') fails
to require medical accuracy of the vast majority of funded
programs and that no regular monitoring of medical accuracy
is being carried out by HHS. The Government Accountability
Office also reported on the Department's total lack of
appropriate and customary measurements to determine if funded
programs are effective. In addition, a separate letter from
the Government Accountability Office in October 2006 to the
Secretary of Health and Human Services Michael Leavitt
contained a legal finding that the Department was in
violation of Federal law, in particular section 317P(c)(2) of
the Public Health Services Act (42 U.S.C. 247b-17(c)(2)), for
not requiring abstinence-only-until-marriage programs to
provide full and medically accurate information about the
effectiveness of condoms. The Department has argued that the
abstinence-only-until-marriage programs are exempt from the
law; however, the Government Accountability Office disagrees.
(4) A 2006 statement from the American Public Health
Association (``APHA'') ``recognizes the importance of
abstinence education, but only as part of a comprehensive
sexuality education program . . . APHA calls for repealing
current federal funding for abstinence-only programs and
replacing it with funding for a new Federal program to
promote comprehensive sexuality education, combining
information about abstinence with age-appropriate sexuality
education.''.
(5) The Society for Adolescent Medicine (``SAM'') in a 2006
position paper found the following: ``Efforts to promote
abstinence should be provided within health education
programs that provide adolescents with complete and accurate
information about sexual health, including information about
concepts of healthy sexuality, sexual orientation and
tolerance, personal responsibility, risks of HIV and other
STIs and unwanted pregnancy, access to reproductive health
care, and benefits and risks of condoms and other
contraceptive methods... Current funding for abstinence-only
programs should be replaced with funding for programs that
offer comprehensive, medically accurate sexuality
education''.
(6) Research shows that teenagers who receive sexuality
education that includes discussion of contraception are more
likely than those who receive abstinence-only messages to
delay sexual activity and to use contraceptives when they do
become sexually active.
(7) Comprehensive sexuality education programs respect the
diversity of values and beliefs represented in the community
and will complement and augment the sexuality education
children receive from their families.
(8) The median age of puberty is 13 years and the average
age of marriage is over 26 years old. American teens need
access to full, complete, and medically and factually
accurate information regarding sexuality, including
contraception, STD/HIV prevention, and abstinence.
(9) Although teen pregnancy rates are decreasing, the
United States has the highest teen pregnancy rate in the
industrialized world with between 750,000 and 850,000 teen
pregnancies each year. Between 75 and 90 percent of teen
pregnancies among 15- to 19-year olds are unintended.
(10) A November 2006 study of declining pregnancy rates
among teens concluded that the reduction in teen pregnancy
between 1995 and 2002 is primarily the result of increased
use of contraceptives. As such, it is critically important
that teens receive accurate, unbiased information about
contraception.
(11) More than eight out of ten Americans believe that
young people should have information about abstinence and
protecting themselves from unplanned pregnancies and sexually
transmitted diseases.
(12) The United States has the highest rate of infection
with sexually transmitted diseases of any industrialized
country. In 2005, there were approximately 19,000,000 new

[[Page S3626]]

cases of sexually transmitted diseases, almost half of them
occurring in young people ages 15 to 24. According to the
Centers for Disease Control and Prevention, these sexually
transmitted diseases impose a tremendous economic burden with
direct medical costs as high as $14,100,000,000 per year.
(13) Each year, teens in the United States contract an
estimated 9.1 million sexually transmitted infections. Each
year, one in four sexually active teens contracts a sexually
transmitted disease.
(14) Nearly half of the 40,000 annual new cases of HIV
infections in the United States occur in youth ages 13
through 24. Approximately 50 young people a day, an average
of two young people every hour of every day, are infected
with HIV in the United States.
(15) African-American and Latino youth have been
disproportionately affected by the HIV/AIDS epidemic.
Although African-American adolescents ages 13 through 19
represent only 15 percent of the adolescent population in the
United States, they accounted for 73 percent of new AIDS
cases reported among teens in 2004. Although Latinos ages 20
through 24 represent only 18 percent of the young adults in
the United States, they accounted for 23 percent of the new
AIDS cases in 2004.

SEC. 3. ASSISTANCE TO REDUCE TEEN PREGNANCY, HIV/AIDS, AND
OTHER SEXUALLY TRANSMITTED DISEASES AND TO
SUPPORT HEALTHY ADOLESCENT DEVELOPMENT.

(a) In General.--Each eligible State shall be entitled to
receive from the Secretary of Health and Human Services, for
each of the fiscal years 2008 through 2012, a grant to
conduct programs of family life education, including
education on both abstinence and contraception for the
prevention of teenage pregnancy and sexually transmitted
diseases, including HIV/AIDS.
(b) Requirements for Family Life Programs.--For purposes of
this Act, a program of family life education is a program
that--
(1) is age-appropriate and medically accurate;
(2) does not teach or promote religion;
(3) teaches that abstinence is the only sure way to avoid
pregnancy or sexually transmitted diseases;
(4) stresses the value of abstinence while not ignoring
those young people who have had or are having sexual
intercourse;
(5) provides information about the health benefits and side
effects of all contraceptives and barrier methods as a means
to prevent pregnancy;
(6) provides information about the health benefits and side
effects of all contraceptives and barrier methods as a means
to reduce the risk of contracting sexually transmitted
diseases, including HIV/AIDS;
(7) encourages family communication about sexuality between
parent and child;
(8) teaches young people the skills to make responsible
decisions about sexuality, including how to avoid unwanted
verbal, physical, and sexual advances and how not to make
unwanted verbal, physical, and sexual advances; and
(9) teaches young people how alcohol and drug use can
effect responsible decisionmaking.
(c) Additional Activities.--In carrying out a program of
family life education, a State may expend a grant under
subsection (a) to carry out educational and motivational
activities that help young people--
(1) gain knowledge about the physical, emotional,
biological, and hormonal changes of adolescence and
subsequent stages of human maturation;
(2) develop the knowledge and skills necessary to ensure
and protect their sexual and reproductive health from
unintended pregnancy and sexually transmitted disease,
including HIV/AIDS throughout their lifespan;
(3) gain knowledge about the specific involvement of and
male responsibility in sexual decisionmaking;
(4) develop healthy attitudes and values about adolescent
growth and development, body image, gender roles, racial and
ethnic diversity, sexual orientation, and other subjects;
(5) develop and practice healthy life skills including
goal-setting, decisionmaking, negotiation, communication, and
stress management;
(6) promote self-esteem and positive interpersonal skills
focusing on relationship dynamics, including, but not limited
to, friendships, dating, romantic involvement, marriage and
family interactions; and
(7) prepare for the adult world by focusing on educational
and career success, including developing skills for
employment preparation, job seeking, independent living,
financial self-sufficiency, and workplace productivity.

SEC. 4. SENSE OF CONGRESS.

It is the sense of Congress that while States are not
required to provide matching funds, they are encouraged to do
so.

SEC. 5. EVALUATION OF PROGRAMS.

(a) In General.--For the purpose of evaluating the
effectiveness of programs of family life education carried
out with a grant under section 3, evaluations of such program
shall be carried out in accordance with subsections (b) and
(c).
(b) National Evaluation.--
(1) In general.--The Secretary shall provide for a national
evaluation of a representative sample of programs of family
life education carried out with grants under section 3. A
condition for the receipt of such a grant is that the State
involved agree to cooperate with the evaluation. The purposes
of the national evaluation shall be the determination of--
(A) the effectiveness of such programs in helping to delay
the initiation of sexual intercourse and other high-risk
behaviors;
(B) the effectiveness of such programs in preventing
adolescent pregnancy;
(C) the effectiveness of such programs in preventing
sexually transmitted disease, including HIV/AIDS;
(D) the effectiveness of such programs in increasing
contraceptive knowledge and contraceptive behaviors when
sexual intercourse occurs; and
(E) a list of best practices based upon essential
programmatic components of evaluated programs that have led
to success in subparagraphs (A) through (D).
(2) Report.--A report providing the results of the national
evaluation under paragraph (1) shall be submitted to the
Congress not later than March 31, 2011, with an interim
report provided on a yearly basis at the end of each fiscal
year.
(c) Individual State Evaluations.--
(1) In general.--A condition for the receipt of a grant
under section 3 is that the State involved agree to provide
for the evaluation of the programs of family education
carried out with the grant in accordance with the following:
(A) The evaluation will be conducted by an external,
independent entity.
(B) The purposes of the evaluation will be the
determination of--
(i) the effectiveness of such programs in helping to delay
the initiation of sexual intercourse and other high-risk
behaviors;
(ii) the effectiveness of such programs in preventing
adolescent pregnancy;
(iii) the effectiveness of such programs in preventing
sexually transmitted disease, including HIV/AIDS; and
(iv) the effectiveness of such programs in increasing
contraceptive knowledge and contraceptive behaviors when
sexual intercourse occurs.
(2) Use of grant.--A condition for the receipt of a grant
under section 3 is that the State involved agree that not
more than 10 percent of the grant will be expended for the
evaluation under paragraph (1).

SEC. 6. DEFINITIONS.

For purposes of this Act:
(1) The term ``eligible State'' means a State that submits
to the Secretary an application for a grant under section 3
that is in such form, is made in such manner, and contains
such agreements, assurances, and information as the Secretary
determines to be necessary to carry out this Act.
(2) The term ``HIV/AIDS'' means the human immunodeficiency
virus, and includes acquired immune deficiency syndrome.
(3) The term ``medically accurate'', with respect to
information, means information that is supported by research,
recognized as accurate and objective by leading medical,
psychological, psychiatric, and public health organizations
and agencies, and where relevant, published in peer review
journals.
(4) The term ``Secretary'' means the Secretary of Health
and Human Services.

SEC. 7. APPROPRIATIONS.

(a) In General.--For the purpose of carrying out this Act,
there are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 2008 through 2012.
(b) Allocations.--Of the amounts appropriated under
subsection (a) for a fiscal year--
(1) not more than 7 percent may be used for the
administrative expenses of the Secretary in carrying out this
Act for that fiscal year; and
(2) not more than 10 percent may be used for the national
evaluation under section 5(b).
______

By Mr. DORGAN (for himself, Mr. Grassley, Mr. Durbin, and Ms.
Collins):
S. 973. A bill to amend the Mandatory Victims' Restitution Act to
improve restitution for victims of crime, and for other purposes; to
the Committee on the Judiciary.
Mr. DORGAN. Mr. President, I am pleased today to be joined by
Senators Grassley, Durbin and Collins in re-introducing the Restitution
for Victims of Crime Act. This legislation will give Justice Department
officials the tools they say are needed to help them do a better job of
collecting court-ordered Federal restitution and fines. It is virtually
identical to the bill we introduced in June of last year.
Recent information from the Justice Department suggests the many
victims of crime and their families continue to face a significant
challenge in trying to recover a sense of emotional and financial
security after a crime has been perpetrated against them.
By law, victims of Federal crimes are generally entitled to ``full
and timely restitution'' for losses from a convicted offender.
Unfortunately new Justice Department data show that the amount of
uncollected Federal criminal debt is still spiraling upward--jumping
from some $41 billion in fiscal year 2005 to nearly $46 billion at the
end of fiscal year 2006. This is a hike of some $5 billion in
uncollected Federal

[[Page S3627]]

criminal debt int he past fiscal year alone. Criminal debt ordered by
Federal courts in North Dakota that remained uncollected at the end of
fiscal year 2006 totaled $18.7 million, up almost $4 million from the
preceding year.
Crime victims should not have to worry if those in charge of
collecting court-ordered restitution on their behalf are making every
possible effort to do so. We believe that passing the Restitution for
Victimis of Crime Act would greatly help Federal criminal justice
officials in this task.
Our bill includes provisions that will remove many existing
impediments to increased collections. It will also provide new tools to
help Federal criminal justice officials prevent criminal defendants
from spending or hiding their ill-gotten gains and other financial
assets by setting up pre-conviction procedures for preserving assets
for victims' restitution.
I hope that my Senate colleagues will help us get the legislation
enacted at the first available opportunity. This will send a clear and
much-needed message to white collar and other criminals: if you commit
a crime you will be held accountable and will not be allowed to benefit
in any way from your criminal activity and ill-gotten gains. I also
believe this bill will reassure many innocent victims of Federal crime
that the justice system is working hard to recover court-ordered
restitution that is owed to such victims.
I understand that criminal debt collection can be a tough job. It may
be impossible to collect the full amount of restitution owed to victims
in some cases. Clearly criminal debt collections may be more difficult
in cases where convicted criminals are in prison, ill-gotten gains are
already gone or these criminals are without any other financial means
to pay their full restitution.
However, victims of crime in this country should expect Federal law
enforcement officials tasked with collecting outstanding restitution to
do a better job. At the very least, crime victims should not be
concerned that their prospects for financial restitution are being
diminished because criminal offenders are frittering away their ill-
gotten gains on lavish lifestyles and the like. But, as I have
mentioned before, past Government Accountability Office (GAO)
investigations rightly give many crime victims real reason to worry.
GAO's work made clear that more financial assets could be recovered but
for a failure of some criminal justice officials to make criminal debt
collection a top priority.

At my request, the GAO reviewed five white-collar financial fraud
cases and concluded that the Justice Department's prospects were ``not
good for collecting additional restitution from offenders'' owed to the
victims--even though one or more of the criminal offenders involved had
reported earning millions of dollars in income, having millions in net
worth and/or were spending thousands of dollars monthly on
entertainment and clothing prior to the judgments entered against them.
In addition, the GAO found that certain offenders had taken expensive
trips overseas, had fraudulently obtained millions of dollars in assets
and converted those assets for personal use, had established businesses
for their children, or held homes worth millions of dollars that were
located in upscale neighborhoods. Despite all of this reported wealth,
GAO found that only a small fraction of court-ordered restitution owed
to victims had been collected.
The legislation that Senator Grassley and I are re-introducing today
is based on a comprehensive package of recommendations by the Justice
Department that stem in large part from the work of the Task Force on
Improving the Collection of Criminal Debt. Justice Department officials
believe these changes will remove many of the current impediments to
better debt collection.
For example, Justice Department officials described a circumstance
where they were prevented by a court from accessing $400,000 held in a
criminal offender's 401(k) plan to pay a $4 million restitution debt to
a victim because that court said the defendant was complying with a
$250 minimum monthly payment plan and that payment schedule precluded
any other enforcement actions. Our bill would remove impediments like
this in the future.
This legislation will address another major problem identified by the
GAO for officials in charge of criminal debt collection; that is, many
years can pass between the date a crime occurs and the date a court
orders restitution. This gives criminal defendants ample opportunity to
spend or hide their ill-gotten gains. Our bill sets up pre-conviction
procedures for preserving assets for victims' restitution. These tools
will help ensure that financial assets traceable to a crime are
available when a court imposes a final restitution order on behalf of a
victim. These tools are similar to those already used successfully in
some States and by Federal officials in certain asset forfeiture cases.
Key provisions of the bill would do the following:
Clarify that court-ordered Federal criminal restitution is due
immediately in full upon imposition, just like in civil cases and that
any payment schedule ordered by a court is only a minimum obligation of
a convicted offender.
Allow Federal prosecutors to access financial information about a
defendant in the possession of the U.S. Probation Office--without the
need for a court order.
Clarify that final restitution orders can be enforced by criminal
justice officials through the Bureau of Prisons' Inmate Financial
Responsibility Program.
Ensure that if a court restricts the ability of criminal justice
officials to enforce a financial judgment, the court must do so
expressly for good cause on the record. Absent exceptional
circumstances, the court must require a deposit, the posting of a bond
or impose additional restraints upon the defendant from transferring or
dissipating assets.
Help ensure better recovery of restitution by requiring a court to
enter a pre-conviction restraining order or injunction, require a
satisfactory performance bond, or take other action necessary to
preserve property that is traceable to the commission of a charged
offense or to preserve other nonexempt assets if the court determines
that it is in the interest of justice to do so.
Under the bill, a criminal defendant is allowed to challenge a
court's pre-judgment asset preservation order. For example, a defendant
may challenge a post-indictment restraining order if he or she can show
that there is no probable cause to justify the restraint or the order
does not provide the accused with adequate resources for attorney fees
or reasonable living expenses.
Permit the Attorney General to commence a civil action under the
Anti-Fraud Injunction Statute to enjoin a person who is committing or
about to commit a Federal offense that may result in a restitution
order; and permit a court to restrain the dissipation of assets in any
case where it has power to enjoin the commission of a crime, not just
banking or health care fraud as permitted under current law.
Allow the United States under the Federal Debt Collections Procedure
Act to use prejudgment remedies to preserve assets in criminal cases
that are similar to those used in civil cases when it is needed to
preserve a defendant's assets for restitution. Such remedies, including
attachment, garnishment, and receivership, are not currently available
in criminal cases because there is no enforceable debt prior to an
offender's conviction and judgment.
Clarify that a victim's attorney fees may be included in restitution
orders, including cases where such fees are a foreseeable result from
the commission of the crime, are incurred to help recover lost property
or expended by a victim to defend against third-party lawsuits
resulting from the defendant's crime.
Allow courts at their discretion to order immediate restitution to
those that have suffered economic losses or serious bodily injury or
death as the result of environmental felonies. Under current law,
courts can impose restitution in such cases as a condition of probation
or supervised release but this means that many victims of environment
crimes must wait for years to be compensated for their losses, if at
all.
The Restitution for Victims of Crime Act has previously been endorsed
by a number of organizations concerned about the well-being of crime
victims, including: The National Center for Victims of Crime, Mothers
Against Drunk

[[Page S3628]]

Driving, the National Organization for Victims Assistance (NOVA), the
National Alliance to End Sexual Violence, Parents of Murdered Children,
Inc., Justice Solutions, the National Network to End Domestic Violence,
the National Coalition Against Domestic Violence, and the National
Association of VOCA Assistance Administrators (NAVAA). Most recently,
the National Crime Victim Law Institute shared its support for our
bill.
Last year, United States Attorney Drew Wrigley in Fargo, North Dakota
said this legislation ``represents important progress toward ensuring
that victims of crime are one step closer to being made whole.''
Senator Grassley and I look forward to working with these groups and
others to move this bill forward in the legislative process. With the
Justice Department's help, we can make criminal debt collection a top
priority for all Federal criminal justice officials once again.
______

By Ms. COLLINS (for herself, Mr. Bayh, Mr. Levin, Mr. Graham, Mr.
Cochran, Ms. Snowe, Mr. Harkin, Ms. Stabenow, Mr. Durbin, and
Mr. Schumer):
S. 974. A bill to amend title VII of the Tariff Act of 1930 to
provide that the provisions relating to countervailing duties apply to
nonmarket economy countries, and for other purposes; to the Committee
on Finance.
Ms. COLLINS. 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. 974

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 ``Stopping Overseas Subsidies
Act''.

SEC. 2. APPLICATION OF COUNTERVAILING DUTIES TO NONMARKET
ECONOMIES AND STRENGTHENING APPLICATION OF THE
LAW.

(a) In General.--Section 701(a)(1) of the Tariff Act of
1930 (19 U.S.C. 1671(a)(1)) is amended by inserting
``(including a nonmarket economy country)'' after ``country''
each place it appears.
(b) Use of Alternate Methodologies Involving China.--
Section 771(5)(E) of the Tariff Act of 1930 (19 U.S.C.
1677(5)(E)) is amended by adding at the end the following:
``If the administering authority encounters special
difficulties in identifying and calculating the amount of a
benefit under clauses (i) through (iv) with respect to an
investigation or review involving the People's Republic of
China, without regard to whether the administering authority
determines that China is a nonmarket economy country under
paragraph (18) of this section, the administering authority
shall use methodologies to identify and calculate the amount
of the benefit that take into account the possibility that
terms and conditions prevailing in China may not always be
available as appropriate benchmarks. In applying such
methodologies, where practicable, the administering authority
should take into account and adjust terms and conditions
prevailing in China before using terms and conditions
prevailing outside of China. If the administering authority
determines that China is a nonmarket economy country under
paragraph (18) of this section, the administering authority
shall presume, absent a demonstration of compelling evidence
to the contrary, that special difficulties exist in
calculating the amount of a benefit under clauses (i) through
(iv) with respect to an investigation or review involving
China and that it is not practicable to take into account and
adjust terms and conditions prevailing in China, and the
administering authority shall use terms and conditions
prevailing outside of China.''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) apply to petitions filed under section 702 of the
Tariff Act of 1930 (19 U.S.C. 1671a) on or after October 1,
2006.
(d) Antidumping Provisions Not Affected.--The amendments
made by subsections (a) and (b) shall not affect the status
of a country as a nonmarket economy country for the purposes
of any matter relating to antidumping duties under subtitle B
of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et
seq.).
(e) Rule of Construction.--The amendments made by
subsections (a) and (b) shall not be construed to affect the
interpretation of any provision of law as in effect on the
day before the date of the enactment of this Act with respect
to the application of countervailing duties to nonmarket
economy countries.

SEC. 3. REVOCATION OF NONMARKET ECONOMY COUNTRY STATUS.

(a) Amendment of Definition of ``Nonmarket Economy
Country''.--Section 771(18)(C)(i) of the Tariff Act of 1930
(19 U.S.C. 1677(18)(C)(i)) is amended to read as follows:
``(i) Any determination that a foreign country is a
nonmarket economy country shall remain in effect until--

``(I) the administering authority makes a final
determination to revoke the determination under subparagraph
(A); and
``(II) a joint resolution is enacted into law pursuant to
section 3 of the Stopping Overseas Subsidies Act.''.

(b) Notification by President; Joint Resolution.--Whenever
the administering authority makes a final determination under
section 771(18)(C)(i)(I) of the Tariff Act of 1930 (19 U.S.C.
1677(18)(C)(i)(I)) to revoke the determination that a foreign
country is a nonmarket economy country--
(1) the President shall notify the Committee on Finance of
the Senate and the Committee on Ways and Means of the House
of Representatives of that determination not later than 10
days after the publication of the administering authority's
final determination in the Federal Register;
(2) the President shall transmit to the Congress a request
that a joint resolution be introduced pursuant to this
section; and
(3) a joint resolution shall be introduced in the Congress
pursuant to this section.
(c) Definition.--For purposes of this section, the term
``joint resolution'' means only a joint resolution of the 2
Houses of the Congress, the matter after the resolving clause
of which is as follows: ``That the Congress approves the
change of nonmarket economy status with respect to the
products of _____ transmitted by the President to the
Congress on _____.'', the first blank space being filled in
with the name of the country with respect to which a
determination has been made under section 771(18)(C)(i) of
the Tariff Act of 1930 (19 U.S.C. 1677(18)(C)(i)), and the
second blank space being filled with the date on which the
President notified the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives under subsection (b)(1).
(d) Introduction.--A joint resolution shall be introduced
(by request) in the House of Representatives by the majority
leader of the House, for himself, or by Members of the House
designated by the majority leader of the House, and shall be
introduced (by request) in the Senate by the majority leader
of the Senate, for himself, or by Members of the Senate
designated by the majority leader of the Senate.
(e) Amendments Prohibited.--No amendment to a joint
resolution shall be in order in either the House of
Representatives or the Senate, and no motion to suspend the
application of this subsection shall be in order in either
House, nor shall it be in order in either House for the
presiding officer to entertain a request to suspend the
application of this subsection by unanimous consent.
(f) Period for Committee and Floor Consideration.--
(1) In general.--If the committee or committees of either
House to which a joint resolution has been referred have not
reported the joint resolution at the close of the 45th day
after its introduction, such committee or committees shall be
automatically discharged from further consideration of the
joint resolution and it shall be placed on the appropriate
calendar. A vote on final passage of the joint resolution
shall be taken in each House on or before the close of the
15th day after the joint resolution is reported by the
committee or committees of that House to which it was
referred, or after such committee or committees have been
discharged from further consideration of the joint
resolution. If, prior to the passage by one House of a joint
resolution of that House, that House receives the same joint
resolution from the other House, then--
(A) the procedure in that House shall be the same as if no
joint resolution had been received from the other House, but
(B) the vote on final passage shall be on the joint
resolution of the other House.
(2) Computation of days.--For purposes of paragraph (1), in
computing a number of days in either House, there shall be
excluded any day on which that House is not in session.
(g) Floor Consideration in the House.--
(1) Motion privileged.--A motion in the House of
Representatives to proceed to the consideration of a joint
resolution shall be highly privileged and not debatable. An
amendment to the motion shall not be in order, nor shall it
be in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
(2) Debate limited.--Debate in the House of Representatives
on a joint resolution shall be limited to not more than 20
hours, which shall be divided equally between those favoring
and those opposing the joint resolution. A motion further to
limit debate shall not be debatable. It shall not be in order
to move to recommit a joint resolution or to move to
reconsider the vote by which a joint resolution is agreed to
or disagreed to.
(3) Motions to postpone.--Motions to postpone, made in the
House of Representatives with respect to the consideration of
a joint resolution, and motions to proceed to the
consideration of other business, shall be decided without
debate.
(4) Appeals.--All appeals from the decisions of the Chair
relating to the application of the Rules of the House of
Representatives to the procedure relating to a joint
resolution shall be decided without debate.
(5) Other rules.--Except to the extent specifically
provided in the preceding provisions of this subsection,
consideration of a joint resolution shall be governed by the

[[Page S3629]]

Rules of the House of Representatives applicable to other
bills and resolutions in similar circumstances.
(h) Floor Consideration in the Senate.--
(1) Motion privileged.--A motion in the Senate to proceed
to the consideration of a joint resolution shall be
privileged and not debatable. An amendment to the motion
shall not be in order, nor shall it be in order to move to
reconsider the vote by which the motion is agreed to or
disagreed to.
(2) Debate limited.--Debate in the Senate on a joint
resolution, and all debatable motions and appeals in
connection therewith, shall be limited to not more than 20
hours. The time shall be equally divided between, and
controlled by, the majority leader and the minority leader or
their designees.
(3) Control of debate.--Debate in the Senate on any
debatable motion or appeal in connection with a joint
resolution shall be limited to not more than 1 hour, to be
equally divided between, and controlled by, the mover and the
manager of the joint resolution, except that in the event the
manager of the joint resolution is in favor of any such
motion or appeal, the time in opposition thereto shall be
controlled by the minority leader or his designee. Such
leaders, or either of them, may, from time under their
control on the passage of a joint resolution, allot
additional time to any Senator during the consideration of
any debatable motion or appeal.
(4) Other motions.--A motion in the Senate to further limit
debate is not debatable. A motion to recommit a joint
resolution is not in order.
(i) Rules of House of Representatives and Senate.--
Subsections (c) through (h) are enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such
subsections (c) through (h) are deemed a part of the rules of
each House, respectively, but applicable only with respect to
the procedure to be followed in that House in the case of
joint resolutions described in subsection (c), and
subsections (c) through (h) supersede other rules only to the
extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner and
to the same extent as in the case of any other rule of that
House.

SEC. 4. STUDY AND REPORT ON SUBSIDIES BY PEOPLE'S REPUBLIC OF
CHINA.

(a) Study.--The United States International Trade
Commission shall conduct a study, under section 332 of the
Tariff Act of 1930 (19 U.S.C. 1332), regarding how the
People's Republic of China uses government intervention to
promote investment, employment, and exports. The study shall
comprehensively catalog, and when possible quantify, the
practices and policies that central, provincial, and local
government bodies in the People's Republic of China use to
support and to attempt to influence decisionmaking in China's
manufacturing enterprises and industries. Chapters of this
study shall include, but not be limited to, the following:
(1) Privatization and private ownership.
(2) Nonperforming loans.
(3) Price coordination.
(4) Selection of industries for targeted assistance.
(5) Banking and finance.
(6) Utility rates.
(7) Infrastructure development.
(8) Taxation.
(9) Restraints on imports and exports.
(10) Research and development.
(11) Worker training and retraining.
(12) Rationalization and closure of uneconomic enterprises.
(b) Report.--The Congress requests that--
(1) not later than 9 months after the date of the enactment
of this Act, the International Trade Commission complete its
study under subsection (a), submit a report on the study to
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate,
and make the report available to the public; and
(2) not later than 1 year after the report under paragraph
(1) is submitted, and annually thereafter through 2017, the
International Trade Commission prepare and submit to the
committees referred to in paragraph (1) an update of the
report and make the update of the report available to the
public.

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