Congressional Record, Volume 153 Issue 53 (Tuesday, March 27, 2007)

[Congressional Record Volume 153, Number 53 (Tuesday, March 27, 2007)]
[Senate]
[Pages S3837-S3845]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. DURBIN (for himself, Mr. Coleman, Mr. Dodd, Mr. Hagel, Mr.
Obama, Mr. Kerry, Mr. Roberts, Mr. Menendez, Mr. Cochran, Mr.
Lieberman, Mr. Levin, Mr. Smith, Mr. Stevens, Mr. Akaka, Mr.
Chambliss, Ms. Stabenow, Ms. Snowe, Ms. Cantwell, Mr. Baucus,
Mr. Warner, Mr. Pryor, and Mr. Kennedy):
S. 991. A bill to establish the Senator Paul Simon Study Abroad
Foundation under the authorities of the Mutual Educational and Cultural
Exchange Act of 1961; to the Committee on Foreign Relations.
Mr. DURBIN. Mr. President, I have spoken many times about one of our
Nation's greatest public servants, the late Senator Paul Simon. He was
an honorable man who devoted his life to working for the public good.
In the months before his untimely death, Senator Simon returned to
Washington to talk to his former colleagues about the need to
strengthen our Nation's international understanding and our ability to
remain a world leader in the 21st century. His desire to promote peace
and security through mutual understanding and sensitivity to the rest
of the world was borne out of the tragic events of September 11, 2001.
Senator Simon struggled with the question of how America could lead
when so few of our citizens have the proper knowledge and understanding
of the world beyond our borders. He knew that America's security,
global competitiveness, and diplomatic efforts in working towards a
peaceful society rest on our young people's global competence and
ability to appreciate languages and cultural and social realities
beyond what they may have experienced in the United States. He
envisioned a United States populated by a generation of Americans with
a greater knowledge and understanding of the world--a generation of our
Nation's future leaders that have been abroad and have a personal
connection to another part of the world.
Senator Simon's tireless efforts led to Congress's establishment of
the Abraham Lincoln Study Abroad Commission. I was honored to serve on
this bipartisan Commission, and it was a privilege for me to introduce
legislation last year that brought Senator Simon's dream one step
closer to reality. The bill, based on the Commission's recommendations,
would have established a study abroad program for undergraduate
students that would help build global awareness and international
understanding.
I am once again proud to stand here today and introduce legislation
that embodies Senator Simon's vision. The bill has been renamed the
Senator Paul Simon Study Abroad Foundation Act so that all future
generations will remember Senator Simon's commitment to international
education.
The goal of this legislation remains the same: to encourage and
support the experience of studying abroad in developing countries--in
countries whose people, culture, language, government, and religion
might be very different from ours. This bill aims to have at least 1
million undergraduate students study abroad annually within 10 years
and to expand study abroad opportunities for students who are currently
underrepresented.
The Senator Paul Simon Study Abroad Foundation Act would establish
study abroad as a national priority and provide the catalyst for the
education community to commit to making study abroad an institutional
priority.
This legislation would create an independent public-private entity,
the Senator Paul Simon Foundation, that would award grants to carry out
the goal of making study abroad in high-quality programs in diverse
locations around the world the routine, rather than the exception, for
college students. Students who were previously unable to study abroad
due to financial constraints would be eligible for grants. Grants also
would provide colleges, universities and nongovernmental institutions
with the financial incentive to develop programs that make it easier
for college students to study abroad.
The future of our country depends on having globally literate
citizens--those who are able to look at other points of view and
incorporate those ideas into their thinking and manner of interacting
with others. I have shared this

[[Page S3838]]

Paul Simon quote before, and I will do so again because it is the most
poignant example of Paul's vision in his own words:

A nation cannot drift into greatness. We must dream, and we
must be willing to make small sacrifices to achieve those
dreams. This major national initiative can lift our vision
and responsiveness to the rest of the world.

I ask my colleagues to join with me and with Senator Coleman in
support of this legislation and to see to it that Senator Paul Simon's
dream of building a stronger and more culturally aware nation is
realized.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 991

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 ``Senator Paul Simon Study
Abroad Foundation Act of 2007''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) According to President George W. Bush, ``America's
leadership and national security rest on our commitment to
educate and prepare our youth for active engagement in the
international community.''.
(2) According to former President William J. Clinton,
``Today, the defense of United States interests, the
effective management of global issues, and even an
understanding of our Nation's diversity require ever-greater
contact with, and understanding of, people and cultures
beyond our borders.''.
(3) Congress authorized the establishment of the Commission
on the Abraham Lincoln Study Abroad Fellowship Program
pursuant to section 104 of the Miscellaneous Appropriations
and Offsets Act, 2004 (division H of Public Law 108-199).
Pursuant to its mandate, the Commission has submitted to
Congress and the President a report of its recommendations
for greatly expanding the opportunity for students at
institutions of higher education in the United States to
study abroad, with special emphasis on studying in developing
nations.
(4) Studies consistently show that United States students
score below their counterparts in other advanced countries on
indicators of international knowledge. This lack of global
literacy is a national liability in an age of global trade
and business, global interdependence, and global terror.
(5) By numbers ranging from 77 to more than 90 percent,
Americans believe that it is important for their children to
learn other languages, study abroad, attend a college where
they can interact with international students, learn about
other countries and cultures, and generally be prepared for
the global age, according to a December 2005 national survey
commissioned by NAFSA: Association of International
Educators.
(6) In today's world, it is more important than ever for
the United States to be a responsible, constructive leader
that other countries are willing to follow. Such leadership
cannot be sustained without an informed citizenry with much
more knowledge and awareness of the world than most Americans
currently possess.
(7) Study abroad has proven to be a very effective means of
imparting international and foreign-language competency to
students.
(8) In any given year, only approximately one percent of
all students enrolled in United States institutions of higher
education study abroad.
(9) Less than 10 percent of the students who graduate from
United States institutions of higher education with bachelors
degrees have studied abroad.
(10) Far more study abroad must take place in the
developing countries. Ninety-five percent of the world's
population growth over the next 50 years will occur outside
of Europe. Yet in the academic year 2004-2005, 60 percent of
United States students studying abroad studied in Europe, and
45 percent studied in four countries--the United Kingdom,
Italy, Spain, and France--according to the Institute of
International Education.
(11) The Final Report of the National Commission on
Terrorist Attacks Upon the United States (The 9/11 Commission
Report) recommended that the United States increase support
for ``scholarship, exchange, and library programs''. The 9/11
Public Discourse Project, successor to the 9/11 Commission,
noted in its November 14, 2005, status report that this
recommendation was ``unfulfilled,'' and stated that ``The
U.S. should increase support for scholarship and exchange
programs, our most powerful tool to shape attitudes over the
course of a generation.''. In its December 5, 2005, Final
Report on the 9/11 Commission Recommendations, the 9/11
Public Discourse Project gave the government a grade of ``D''
for its implementation of this recommendation.
(12) Investing in a national study abroad program would
help turn a grade of ``D'' into an ``A'' by equipping United
States students to communicate United States values and way
of life through the unique dialogue that takes place among
citizens from around the world when individuals study abroad.

SEC. 3. PURPOSES.

The purposes of this Act are--
(1) to significantly enhance the global competitiveness and
international knowledge base of the United States by ensuring
that more students in United States institutions of higher
education have the opportunity to acquire foreign language
skills and international knowledge through significantly
expanded study abroad;
(2) to enhance the foreign policy capacity of the United
States by significantly expanding and diversifying the talent
pool of individuals with non-traditional foreign language
skills and cultural knowledge in the United States who are
available for recruitment by United States foreign affairs
agencies, legislative branch agencies, and nongovernmental
organizations involved in foreign affairs activities;
(3) to ensure that an increasing portion of study abroad by
United States students will take place in nontraditional
study abroad destinations such as the People's Republic of
China, countries of the Middle East region, and developing
countries; and
(4) to create greater cultural understanding of the United
States by exposing foreign students and their families to
American students in countries that have not traditionally
hosted large numbers of American students.

SEC. 4. DEFINITIONS.

In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(2) Board.--The term ``Board'' means the Board of Directors
of the Foundation established pursuant to section 5(d).
(3) Chief executive officer.--The term ``Chief Executive
Officer'' means the chief executive officer of the Foundation
appointed pursuant to section 5(c).
(4) Foundation.--The term ``Foundation'' means the Senator
Paul Simon Study Abroad Foundation established by section
5(a).
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
(6) Nontraditional study abroad destination.--The term
``nontraditional study abroad destination'' means a location
that is determined by the Foundation to be a less common
destination for United States students who study abroad.
(7) Study abroad.--The term ``study abroad'' means an
educational program of study, work, research, internship, or
combination thereof that is conducted outside the United
States and that carries academic credit toward fulfilling the
participating student's degree requirements.

SEC. 5. ESTABLISHMENT AND MANAGEMENT OF THE SENATOR PAUL
SIMON STUDY ABROAD FOUNDATION.

(a) Establishment.--
(1) In general.--There is established in the executive
branch a corporation to be known as the ``Senator Paul Simon
Study Abroad Foundation'' that shall be responsible for
carrying out this Act under the authorities of the Mutual
Educational and Cultural Exchange Act of 196l (22 U.S.C. 2451
et seq.). The Foundation shall be a government corporation,
as defined in section 103 of title 5, United States Code.
(2) Board of directors.--The Foundation shall be governed
by a Board of Directors chaired by the Secretary of State in
accordance with subsection (d).
(3) Intent of congress.--It is the intent of Congress in
establishing the structure of the Foundation set forth in
this subsection to create an entity that will administer a
study abroad program that--
(A) serves the long-term foreign policy and national
security needs of the United States; but
(B) operates independently of short-term political and
foreign policy considerations.
(b) Mandate of Foundation.--In administering the program
referred to in subsection (a)(3), the Foundation shall--
(1) promote the objectives and purposes of this Act;
(2) through responsive, flexible grant-making, promote
access by students at diverse institutions of higher
education, including two-year institutions, minority-serving
institutions, and institutions that serve nontraditional
students;
(3) through creative grant-making, promote access by
diverse students, including minority students, students of
limited financial means, and nontraditional students;
(4) raise funds from the private sector to supplement funds
made available under this Act; and
(5) be committed to minimizing administrative costs and to
maximizing the availability of funds for grants under this
Act.
(c) Chief Executive Officer.--
(1) In general.--There shall be in the Foundation a Chief
Executive Officer who shall be responsible for the management
of the Foundation.
(2) Appointment.--The Chief Executive Officer shall be
appointed by the Board and shall be a recognized leader in
higher education, business, or foreign policy, chosen on the
basis of a rigorous search.

[[Page S3839]]

(3) Relationship to board.--The Chief Executive Officer
shall report to and be under the direct authority of the
Board.
(4) Compensation and rank.--
(A) In general.--The Chief Executive Officer shall be
compensated at the rate provided for level III of the
Executive Schedule under section 5314 of title 5, United
States Code, and shall have the equivalent rank of Deputy
Secretary.
(B) Amendment.--Section 5314 of title 5, United States
Code, is amended by adding at the end the following:
``Chief Executive Officer, Senator Paul Simon Study Abroad
Foundation.''.
(5) Authorities and duties.--The Chief Executive Officer
shall be responsible for the management of the Foundation and
shall exercise the powers and discharge the duties of the
Foundation.
(6) Authority to appoint officers.--In consultation and
with approval of the Board, the Chief Executive Officer shall
appoint all officers of the Foundation.
(d) Board of Directors.--
(1) Establishment.--There shall be in the Foundation a
Board of Directors.
(2) Duties.--The Board shall perform the functions
specified to be carried out by the Board in this Act and may
prescribe, amend, and repeal bylaws, rules, regulations, and
procedures governing the manner in which the business of the
Foundation may be conducted and in which the powers granted
to it by law may be exercised.
(3) Membership.--The Board shall consist of--
(A) the Secretary of State (or the Secretary's designee),
the Secretary of Education (or the Secretary's designee), the
Secretary of Defense (or the Secretary's designee), and the
Administrator of the United States Agency for International
Development (or the Administrator's designee); and
(B) five other individuals with relevant experience in
matters relating to study abroad (such as individuals who
represent institutions of higher education, business
organizations, foreign policy organizations, or other
relevant organizations) who shall be appointed by the
President, by and with the advice and consent of the Senate,
of which--
(i) one individual shall be appointed from among a list of
individuals submitted by the majority leader of the House of
Representatives;
(ii) one individual shall be appointed from among a list of
individuals submitted by the minority leader of the House of
Representatives;
(iii) one individual shall be appointed from among a list
of individuals submitted by the majority leader of the
Senate; and
(iv) one individual shall be appointed from among a list of
individuals submitted by the minority leader of the Senate.
(4) Chief executive officer.--The Chief Executive Officer
of the Foundation shall serve as a nonvoting, ex officio
member of the Board.
(5) Terms.--
(A) Officers of the federal government.--Each member of the
Board described in paragraph (3)(A) shall serve for a term
that is concurrent with the term of service of the
individual's position as an officer within the other Federal
department or agency.
(B) Other members.--Each member of the Board described in
paragraph (3)(B) shall be appointed for a term of 3 years and
may be reappointed for a term of an additional 3 years.
(C) Vacancies.--A vacancy in the Board shall be filled in
the manner in which the original appointment was made.
(6) Chairperson.--There shall be a Chairperson of the
Board. The Secretary of State shall serve as the Chairperson.
(7) Quorum.--A majority of the members of the Board
described in paragraph (3) shall constitute a quorum, which,
except with respect to a meeting of the Board during the 135-
day period beginning on the date of the enactment of this
Act, shall include at least one member of the Board described
in paragraph (3)(B).
(8) Meetings.--The Board shall meet at the call of the
Chairperson.
(9) Compensation.--
(A) Officers of the federal government.--
(i) In general.--A member of the Board described in
paragraph (3)(A) may not receive additional pay, allowances,
or benefits by reason of the member's service on the Board.
(ii) Travel expenses.--Each such member of the Board shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(B) Other members.--
(i) In general.--Except as provided in clause (ii), a
member of the Board described in paragraph (3)(B)--

(I) shall be paid compensation out of funds made available
for the purposes of this Act at the daily equivalent of the
highest rate payable under section 5332 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the actual performance of
duties as a member of the Board; and
(II) while away from the member's home or regular place of
business on necessary travel in the actual performance of
duties as a member of the Board, shall be paid per diem,
travel, and transportation expenses in the same manner as is
provided under subchapter I of chapter 57 of title 5, United
States Code.

(ii) Limitation.--A member of the Board may not be paid
compensation under clause (i)(II) for more than 90 days in
any calendar year.

SEC. 6. ESTABLISHMENT AND OPERATION OF PROGRAM.

(a) Establishment of the Program.--There is hereby
established a program, which shall--
(1) be administered by the Foundation; and
(2) award grants to--
(A) individuals for study abroad;
(B) nongovernmental institutions that provide and promote
study abroad opportunities, in consortium with institutions
described in subparagraph (C); and
(C) institutions of higher education, individually or in
consortium,
in order to accomplish the objectives set forth in subsection
(b).
(b) Objectives.--The objectives of the program established
under subsection (a) are that, within 10 years of the date of
the enactment of this Act--
(1) not less than one million undergraduate students in
United States institutions of higher education will study
abroad annually for credit;
(2) the demographics of study-abroad participation will
reflect the demographics of the United States undergraduate
population; and
(3) an increasing portion of study abroad will take place
in nontraditional study abroad destinations, with a
substantial portion of such increases taking place in
developing countries.
(c) Mandate of the Program.--In order to accomplish the
objectives set forth in subsection (b), the Foundation shall,
in administering the program established under subsection
(a), take fully into account the recommendations of the
Commission on the Abraham Lincoln Study Abroad Fellowship
Program (established pursuant to section 104 of the
Miscellaneous Appropriations and Offsets Act, 2004 (division
H of Public Law 108-199)).
(d) Structure of Grants.--In accordance with the
recommendations of the Commission on the Abraham Lincoln
Study Abroad Fellowship Program, grants awarded under the
program established under subsection (a) shall be structured
to the maximum extent practicable to promote appropriate
reforms in institutions of higher education in order to
remove barriers to participation by students in study abroad.
(e) Balance of Long-Term and Short-Term Study Abroad
Programs.--In administering the program established under
subsection (a), the Foundation shall seek an appropriate
balance between--
(1) longer-term study abroad programs, which maximize
foreign-language learning and intercultural understanding;
and
(2) shorter-term study abroad programs, which maximize the
accessibility of study abroad to nontraditional students.

SEC. 7. ANNUAL REPORT.

Not later than March 31, 2008, and each March 31
thereafter, the Foundation shall submit to Congress a report
on the implementation of this Act during the prior fiscal
year.

SEC. 8. POWERS OF THE FOUNDATION; RELATED PROVISIONS.

(a) Powers.--The Foundation--
(1) shall have perpetual succession unless dissolved by a
law enacted after the date of the enactment of this Act;
(2) may adopt, alter, and use a seal, which shall be
judicially noticed;
(3) may make and perform such contracts, grants, and other
agreements with any person or government however designated
and wherever situated, as may be necessary for carrying out
the functions of the Foundation;
(4) may determine and prescribe the manner in which its
obligations shall be incurred and its expenses allowed and
paid, including expenses for representation;
(5) may lease, purchase, or otherwise acquire, improve, and
use such real property wherever situated, as may be necessary
for carrying out the functions of the Foundation;
(6) may accept cash gifts or donations of services or of
property (real, personal, or mixed), tangible or intangible,
for the purpose of carrying out the provisions of this Act;
(7) may use the United States mails in the same manner and
on the same conditions as the executive departments;
(8) may contract with individuals for personal services,
who shall not be considered Federal employees for any
provision of law administered by the Office of Personnel
Management;
(9) may hire or obtain passenger motor vehicles; and
(10) shall have such other powers as may be necessary and
incident to carrying out this Act.
(b) Principal Office.--The Foundation shall maintain its
principal office in the metropolitan area of Washington,
District of Columbia.
(c) Applicability of Government Corporation Control Act.--
(1) In general.--The Foundation shall be subject to chapter
91 of subtitle VI of title 31, United States Code, except
that the Foundation shall not be authorized to issue
obligations or offer obligations to the public.
(2) Conforming amendment.--Section 9101(3) of title 31,
United States Code, is amended by adding at the end the
following:

[[Page S3840]]

``(R) the Senator Paul Simon Study Abroad Foundation.''.
(d) Inspector General.--
(1) In general.--The Inspector General of the Department of
State shall serve as Inspector General of the Foundation,
and, in acting in such capacity, may conduct reviews,
investigations, and inspections of all aspects of the
operations and activities of the Foundation.
(2) Authority of the board.--In carrying out the
responsibilities under this subsection, the Inspector General
shall report to and be under the general supervision of the
Board.
(3) Reimbursement and authorization of services.--
(A) Reimbursement.--The Foundation shall reimburse the
Department of State for all expenses incurred by the
Inspector General in connection with the Inspector General's
responsibilities under this subsection.
(B) Authorization for services.--Of the amount authorized
to be appropriated under section 10(a) for a fiscal year, up
to $2,000,000 is authorized to be made available to the
Inspector General of the Department of State to conduct
reviews, investigations, and inspections of operations and
activities of the Foundation.

SEC. 9. GENERAL PERSONNEL AUTHORITIES.

(a) Detail of Personnel.--Upon request of the Chief
Executive Officer, the head of an agency may detail any
employee of such agency to the Foundation on a reimbursable
basis. Any employee so detailed remains, for the purpose of
preserving such employee's allowances, privileges, rights,
seniority, and other benefits, an employee of the agency from
which detailed.
(b) Reemployment Rights.--
(1) In general.--An employee of an agency who is serving
under a career or career conditional appointment (or the
equivalent), and who, with the consent of the head of such
agency, transfers to the Foundation, is entitled to be
reemployed in such employee's former position or a position
of like seniority, status, and pay in such agency, if such
employee--
(A) is separated from the Foundation for any reason, other
than misconduct, neglect of duty, or malfeasance; and
(B) applies for reemployment not later than 90 days after
the date of separation from the Foundation.
(2) Specific rights.--An employee who satisfies paragraph
(1) is entitled to be reemployed (in accordance with such
paragraph) within 30 days after applying for reemployment
and, on reemployment, is entitled to at least the rate of
basic pay to which such employee would have been entitled had
such employee never transferred.
(c) Hiring Authority.--Of persons employed by the
Foundation, not to exceed 30 persons may be appointed,
compensated, or removed without regard to the civil service
laws and regulations.
(d) Basic Pay.--The Chief Executive Officer may fix the
rate of basic pay of employees of the Foundation without
regard to the provisions of chapter 51 of title 5, United
States Code (relating to the classification of positions),
subchapter III of chapter 53 of such title (relating to
General Schedule pay rates), except that no employee of the
Foundation may receive a rate of basic pay that exceeds the
rate for level IV of the Executive Schedule under section
5315 of such title.
(e) Definitions.--In this section--
(1) the term ``agency'' means an executive agency, as
defined by section 105 of title 5, United States Code; and
(2) the term ``detail'' means the assignment or loan of an
employee, without a change of position, from the agency by
which such employee is employed to the Foundation.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

(a) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this Act $80,000,000 for
fiscal year 2008 and each subsequent fiscal year.
(b) Allocation of Funds.--
(1) In general.--The Foundation may allocate or transfer to
any agency of the United States Government any of the funds
available for carrying out this Act. Such funds shall be
available for obligation and expenditure for the purposes for
which the funds were authorized, in accordance with authority
granted in this Act or under authority governing the
activities of the United States Government agency to which
such funds are allocated or transferred.
(2) Notification.--The Foundation shall notify the
appropriate congressional committees not less than 15 days
prior to an allocation or transfer of funds pursuant to
paragraph (1).
______

By Mrs. BOXER (for herself, Mr. Inhofe, Mr. Lautenberg, Mr.
Alexander, Mr. Cardin, Mr. Lieberman, Mrs. Clinton, Ms.
Klobuchar, and Mr. Craig):
S. 992. A bill to achieve emission reductions and cost savings
through accelerated use of cost-effective lighting technologies in
public buildings, and for other purposes; to the Committee on
Environment and Public Works.
Mrs. BOXER. Mr. President, today I am pleased to introduce the
``Public Buildings Cost Reduction Act of 2007.'' I am joined by my
Environment and Public Works Committee colleagues Senators Inhofe,
Lautenberg, Alexander, Cardin, Lieberman, Clinton, and Klobuchar. This
bill will reduce air pollution and save taxpayer money by accelerating
the use of cost-effective technologies that reduce energy use in public
buildings.
The goal of this legislation is to have the government lead by
example. This bill will help to ensure less polluting and more cost-
effective General Services Administration, or GSA, buildings. Under
this legislation, the GSA, which is the Nation's largest public real
estate organization, must establish a program to speed the use of cost-
effective and energy-efficient technology and other actions, called
``cost-effective technologies and practices'', in its buildings. GSA
also must assure that a manager is named who is responsible for
accelerating the use of cost-effective technologies and practices for
each GSA building.
In addition, the GSA must review current and available highly-
efficient lighting within 90 days, and complete a plan within 6 months
for installing highly-efficient lighting in GSA buildings. Within 1
year after enactment, GSA must issue a detailed timetable to replace
all existing inefficient lighting in GSA buildings as quickly as
feasible, within 5 years, using available funds.
A second provision in the bill requires GSA to complete a broader
plan that will: (1) achieve a 20-percent reduction in operating costs
at GSA facilities to the maximum extent feasible within 5 years after
enactment through the application of cost-effective, highly efficient
technologies and practices, using available funds; (2) describe the
current and needed funding for these programs and any issues that may
inhibit their implementation; (3) recommend uniform standards for
federal agencies for highly efficient technologies; and (4) recommend
ways to allow federal agencies to keep their savings from using
efficient technologies and practices, to use them for additional
investments and other purposes.
The bill also creates an EPA grant program to help local governments
make their buildings more efficient. This $20 million per year matching
grant program at EPA will help local governments renovate their
buildings to make them more cost-effective and energy efficient. The
grant program will require a 40 percent match from the local
government, and will require grantees to show they will cut utility
bills by 40 percent through renovations of a building or buildings that
use highly efficient technologies and practices. Further, EPA will have
to verify the efficiency and savings and issue guidelines for the
program. Grants of up to $1 million will be allowed. In addition, the
bill requires reports to Congress on progress under the program,
savings achieved, and recommendations.
I ask unanimous consent that the text of my bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 992

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 ``Public Buildings Cost
Reduction Act of 2007''.

SEC. 2. COST-EFFECTIVE TECHNOLOGY ACCELERATION PROGRAM.

(a) Establishment.--The Administrator of General Services
(referred to in this section as the ``Administrator'') shall
establish a program to accelerate the use of more cost-
effective technologies and practices at GSA facilities.
(b) Accelerated Use of Cost-Effective Lighting
Technologies.--
(1) Review.--
(A) In general.--As part of the program under this
subsection, not later than 90 days after the date of
enactment of this Act, the Administrator shall conduct a
review of--
(i) current use of cost-effective lighting technologies in
GSA facilities; and
(ii) the availability to managers of GSA facilities of
cost-effective lighting technologies.
(B) Requirements.--The review under subparagraph (A)
shall--
(i) examine the use of cost-effective lighting technologies
and other cost-effective technologies and practices by
Federal agencies in GSA facilities; and
(ii) identify, in consultation with the Environmental
Protection Agency, cost-effective lighting technology
standards that could be used for all types of GSA facilities.
(2) Replacement.--
(A) In general.--As part of the program under this
subsection, not later than 180 days

[[Page S3841]]

after the date of enactment of this Act, the Administrator
shall establish a cost-effective lighting technology
acceleration program to achieve maximum feasible replacement
of existing lighting technologies with more cost-effective
lighting technologies in each GSA facility using available
appropriations.
(B) Acceleration plan timetable.--
(i) In general.--To implement the program established under
subparagraph (A), not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a
timetable including milestones for specific activities needed
to replace existing lighting technologies with more cost-
effective lighting technologies, to the maximum extent
feasible (including at the maximum rate feasible), at each
GSA facility.
(ii) Goal.--The goal of the timetable under clause (i)
shall be to complete, using available appropriations, maximum
feasible replacement of existing lighting technologies with
more cost-effective lighting technologies by not later than
the date that is 5 years after the date of enactment of this
Act.
(c) GSA Facility Cost-Effective Technologies and
Practices.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the
Administrator shall--
(1) ensure that a manager responsible for accelerating the
use of cost-effective technologies and practices is
designated for each GSA facility; and
(2) submit to Congress a plan, to be implemented to the
maximum extent feasible (including at the maximum rate
feasible) using available appropriations, by not later than
the date that is 5 years after the date of enactment of this
Act, that--
(A) identifies the specific activities needed to achieve a
20-percent reduction in operational costs through the
application of cost-effective technologies and practices from
2003 levels at GSA facilities by not later than 5 years after
the date of enactment of this Act;
(B) describes activities required and carried out to
estimate the funds necessary to achieve the reduction
described in subparagraph (A);
(C) describes the status of the implementation of cost-
effective technologies and practices at GSA facilities,
including--
(i) the extent to which programs, including the program
established under subsection (b), are being carried out in
accordance with this Act; and
(ii) the status of funding requests and appropriations for
those programs;
(D) identifies within the planning, budgeting, and
construction process all types of GSA facility-related
procedures that inhibit new and existing GSA facilities from
implementing cost-effective technologies and practices;
(E) recommends language for uniform standards for use by
Federal agencies in implementing cost-effective technologies
and practices;
(F) in coordination with the Office of Management and
Budget, reviews the budget process for capital programs with
respect to alternatives for--
(i) permitting Federal agencies to retain all identified
savings accrued as a result of the use of cost-effective
technologies and practices; and
(ii) identifying short- and long-term cost savings that
accrue from cost-effective technologies and practices;
(G) achieves cost savings through the application of cost-
effective technologies and practices sufficient to pay the
incremental additional costs of installing the cost-effective
technologies and practices by not later than the date that is
5 years after the date of installation; and
(H) includes recommendations to address each of the
matters, and a plan for implementation of each
recommendation, described in subparagraphs (A) through (G).
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section, to remain available until expended.

SEC. 3. ENVIRONMENTAL PROTECTION AGENCY DEMONSTRATION GRANT
PROGRAM FOR LOCAL GOVERNMENTS.

(a) Grant Program.--
(1) In general.--The Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') shall establish a demonstration program
under which the Administrator shall provide competitive
grants to assist local governments (such as municipalities
and counties), with respect to local government buildings--
(A) to deploy cost-effective technologies and practices;
and
(B) to achieve operational cost savings, through the
application of cost-effective technologies and practices, as
verified by the Administrator.
(2) Cost sharing.--The Federal share of the cost of an
activity carried out using a grant provided under this
section shall be 40 percent.
(3) Maximum amount.--The amount of a grant provided under
this subsection shall not exceed $1,000,000.
(b) Guidelines.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall issue
guidelines to implement the grant program established under
subsection (a).
(2) Requirements.--The guidelines under paragraph (1) shall
establish--
(A) standards for monitoring and verification of
operational cost savings through the application of cost-
effective technologies and practices reported by grantees
under this section;
(B) standards for grantees to implement training programs,
and to provide technical assistance and education, relating
to the retrofit of buildings using cost-effective
technologies and practices; and
(C) a requirement that each local government that receives
a grant under this section shall achieve facility-wide cost
savings, through renovation of existing local government
buildings using cost-effective technologies and practices, of
at least 40 percent as compared to the baseline operational
costs of the buildings before the renovation (as calculated
assuming a 3-year, weather-normalized average).
(c) Compliance With State and Local Law.--Nothing in this
section or any program carried out using a grant provided
under this section supersedes or otherwise affects any State
or local law, to the extent that the State or local law
contains a requirement that is more stringent than the
relevant requirement of this section.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
each of fiscal years 2007 through 2012.
(e) Reports.--
(1) In general.--The Administrator shall provide annual
reports to Congress on cost savings achieved and actions
taken and recommendations made under this section, and any
recommendations for further action.
(2) Final report.--The Administrator shall issue a final
report at the conclusion of the program, including findings,
a summary of total cost savings achieved, and recommendations
for further action.
(f) Termination.--The program under this section shall
terminate on September 30, 2012.

SEC. 4. DEFINITIONS.

In this Act:
(1) Cost-effective lighting technology.--
(A) In general.--The term ``cost-effective lighting
technology'' means a lighting technology that--
(i) will result in substantial operational cost savings by
ensuring an installed consumption of not more than 1 watt per
square foot; or
(ii) is contained in a list under--

(I) section 553 of Public Law 95-619 (42 U.S.C. 8259b); and
(II) Federal acquisition regulation 23-203.

(B) Inclusions.--The term ``cost-effective lighting
technology'' includes--
(i) lamps;
(ii) ballasts;
(iii) luminaires;
(iv) lighting controls;
(v) daylighting; and
(vi) early use of other highly cost-effective lighting
technologies.
(2) Cost-effective technologies and practices.--The term
``cost-effective technologies and practices'' means a
technology or practice that--
(A) will result in substantial operational cost savings by
reducing utility costs; and
(B) complies with the provisions of section 553 of Public
Law 95-619 (42 U.S.C. 8259b) and Federal acquisition
regulation 23-203.
(3) Operational cost savings.--
(A) In general.--The term ``operational cost savings''
means a reduction in end-use operational costs through the
application of cost-effective technologies and practices,
including a reduction in electricity consumption relative to
consumption by the same customer or at the same facility in a
given year, as defined in guidelines promulgated by the
Administrator pursuant to section 3(b), that achieves cost
savings sufficient to pay the incremental additional costs of
using cost-effective technologies and practices by not later
than the date that is 5 years after the date of installation.
(B) Inclusions.--The term ``operational cost savings''
includes savings achieved at a facility as a result of--
(i) the installation or use of cost-effective technologies
and practices; or
(ii) the planting of vegetation that shades the facility
and reduces the heating, cooling, or lighting needs of the
facility.
(C) Exclusion.--The term ``operational cost savings'' does
not include savings from measures that would likely be
adopted in the absence of cost-effective technology and
practices programs, as determined by the Administrator.
(4) GSA facility.--
(A) In general.--The term ``GSA facility'' means any
building, structure, or facility, in whole or in part
(including the associated support systems of the building,
structure, or facility) that--
(i) is constructed (including facilities constructed for
lease), renovated, or purchased, in whole or in part, by the
Administrator for use by the Federal Government; or
(ii) is leased, in whole or in part, by the Administrator
for use by the Federal Government--

(I) except as provided in subclause (II), for a term of not
less than 5 years; or
(II) for a term of less than 5 years, if the Administrator
determines that use of cost-effective technologies and
practices would result in the payback of expenses.

(B) Inclusion.--The term ``GSA facility'' includes any
group of buildings, structures, or facilities described in
subparagraph (A) (including the associated energy-consuming
support systems of the buildings, structures, and
facilities).
(C) Exemption.--The Administrator may exempt from the
definition of ``GSA facility''

[[Page S3842]]

under this paragraph a building, structure, or facility that
meets the requirements of section 543(c) of Public Law 95-619
(42 U.S.C. 8253(c)).
______

By Mrs. CLINTON (for herself and Mr. Dodd):
S. 993. A bill to improve pediatric research; to the Committee on
Health, Education, Labor, and Pensions.
Mrs. CLINTON. Mr. President, today I am introducing the Pediatric
Research Improvement Act, legislation to reauthorize the Pediatric Rule
and extend it permanently. I believe that doing so is critically
important to ensure that the drugs designed for children are safe and
effective for children. This legislation will result in better health
outcomes for our children, grandchildren, and many generations of
children to come.
In 1998, the FDA issued a regulation called the pediatric rule, which
allowed the agency to require companies to perform pediatric clinical
trials on medications used by children. It is important to note that
this requirement does not slow the drug approval process. If a drug is
not likely to be used in the pediatric population, it is not subject to
this testing. Companies can also apply for a deferral, so that they can
perform necessary tests after a drug has been approved and is being
used in the adult population.
In October 2002, a U.S. District Court found that the FDA had
exceeded its statutory authority when it promulgated the Pediatric
Rule, and that Congress needed to explicitly award the FDA the power to
require these clinical trials.
In response, I worked with my colleagues in Congress to pass the
Pediatric Research Equity Act, legislation that codified the Pediatric
Rule, and which was signed into law on December 3, 2003.
Since 2003, over 100 drugs have been evaluated under PREA--and since
1998, more than 1,000 drugs have fallen under the authority of the
pediatric rule. The legislation has successfully resulted in increased
pediatric evaluations. We've been able to collect data on drugs
commonly used in children--like azithromycin, an antibiotic used to
treat bronchitis, pneumonia, and other respiratory infections--as well
as drugs that may not be so commonly used, but that help keep children
alive, like emtriva, one of the newer drugs we have to treat AIDS.
But unless we act to reauthorize this legislation now, the pediatric
rule is set to sunset on September 30 of this year, placing in jeopardy
the ability of the agency to require these safeguards for our children.
In order to address this, I am introducing the Pediatric Research
Improvement Act to remove the sunset for the pediatric rule, so that we
will never again be in danger of losing the authority to make sure that
the drugs designed for children are safe for children.
In addition to making the rule permanent, this reauthorization would
do the following:
Improves Coordination between Pediatric Specialists and Others at the
FDA. In order to improve coordination with the pediatric exclusivity
provisions of the Best Pharmaceuticals for Children Act (BPCA), PRIA
would expand an internal FDA committee to review all issues of
pediatric-related labeling and assessments. Doing so ensures that a
drug that falls under PRIA or BPCA is reviewed not only by experts for
that particular drug, but those with pediatric expertise.
Streamlines the process for obtaining pediatric data on already-
marketed drugs. If a company chooses not to pursue pediatric
exclusivity for an already marketed drug under the Best Pharmaceuticals
for Children Act, the Secretary has the authority to require the
submission of pediatric data for the drug. This authority has never
been utilized, in part due to the lengthy administrative process
required. PRIA would streamline this administrative process and help
get essential data on drugs for which it is vitally needed, while
preserving the ability of companies to have a fair review of the
agency's decisions.
Increases Data about the Use and Applicability of PRIA. PRIA would
require two reports--one from the Institute of Medicine and one from
the GAO--that would allow us to have better data on the number and ways
in which the pediatric rule is used, and evaluate its contributions to
ensuring overall pediatric drug safety.
This legislation is supported by the American Academy of Pediatrics,
Elizabeth Glaser Pediatric AIDS Foundation, Ambulatory Pediatric
Association, American Pediatric Society, Association of Medical School
Pediatric Department Chairs, and the Society for Pediatric Research.
I look forward to working with my colleagues in Congress to pass this
vital piece of legislation as quickly as possible, and help to ensure
that our pediatricians and other health professionals have the tools
they need to provide safe and effective treatment to our Nation's
children.
______

By Mr. TESTER (for himself and Mr. Salazar):
S. 994. A bill to amend title 38, United States Code, to eliminate
the deductible and change the method of determining the mileage
reimbursement rate under the beneficiary travel program administered by
the Secretary of Veteran Affairs, and for other purposes; to the
Committee on Veterans' Affairs.
Mr. TESTER. Mr. President, today I am proud to introduce legislation
that will go a long ways toward meeting our Nation's obligations to our
rural veterans. The Disabled Fairness Act will make a real improvement
in the lives of America's rural veterans--more than 17,000 of whom live
in my State.
For many veterans who live far from a VA hospital or community health
center, transportation remains the single biggest obstacle to care.
Today, disabled veterans are eligible to have only a small fraction of
their transportation costs reimbursed. They must pay the first $18 per
month out of their own pocket. And after that, they receive
reimbursement at the rate of just 11 cents per mile--less than one-
quarter of the current rate of 48.5 cents per mile for Government
employees. The reimbursement rate has not been changed since 1977. That
is unacceptable.
In Montana, we have several very good VA health clinics, as well as
one of the best hospitals in the VA system, the Ft. Harrison Hospital
in Helena. But the smaller clinics simply cannot provide all the
services that Ft. Harrison offers. That is no complaint against these
clinics, it is just a fact.
So when a disabled veteran in my State gets in his car and drives 200
miles from Havre to the Ft. Harrison VA hospital in Helena to receive
treatment for an injury he suffered while defending our country, he
will be reimbursed $4. On the way back, he will be eligible to be
reimbursed $22. That is $26 total for a trip that the Federal
Government estimates will actually cost $194. That is a slap in the
face to someone whose life has been fundamentally altered by the wounds
they suffered on the field of battle.
In the last month, AAA reports that the price of gas in Montana has
increased 36 cents over the last month. That means disabled veterans
are spending much more of their own money to get to a VA hospital,
especially in places like Montana, where a trip to the hospital can
mean a journey of hundreds of miles.
The Disabled Veterans Fairness Act ends this practice. My bill
repeals the $18 per month deductible that disabled veterans must
satisfy before they can be eligible for reimbursement for mileage
traveled to and from a VA hospital for treatment. The bill also raises
the reimbursement rate from the current level of 11 cents per mile to
the prevailing rate for Federal employees, as determined by the General
Services Administration.
I also want to thank Senator Salazar for his advice on this
legislation. I am proud to have him as a cosponsor. He has worked so
hard to improve the lives of rural veterans, and I look forward to
supporting his efforts in the coming months as well.
______

By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
S. 996. A bill to amend title 49, United States Code, to expand
passenger facility fee eligibility for certain noise compatibility
projects; to the Committee on Commerce, Science, and Transportation.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation
to allow the Los Angeles World Airports

[[Page S3843]]

to provide the Lennox and Inglewood School Districts, which lie
directly in the Los Angeles International Airport's flight path, with
noise reduction funds.
This bill would authorize the Los Angeles World Airports to allow the
use of passenger facility fees for noise reduction projects at these
schools.
In 1980, the Lennox School District and the City of Los Angeles
settled a lawsuit, allowing aircraft carrying up to 40 million people
per year to fly overhead the schools. The City also agreed to provide
approximately $2.5 million to the Lennox School District.
Currently, an airplane flies a few hundred feet above the Lennox and
Inglewood schools about every three minutes. The noise is deafening. It
rattles windows, disrupts lessons, and makes it very difficult for
these students to learn.
In February 2005, the Lennox and Inglewood School Districts settled a
lawsuit with the Los Angeles World Airports under which the Los Angeles
International Airport agreed to provide the School Districts with more
than $110 million in noise mitigation funds over 10 years. These funds
are essential for the improvement of conditions at these schools.
Unfortunately, the Federal Aviation Administration interpreted the
1980 agreement and Federal law in a way that prevents the payment of
the funds under the 2005 agreement.
Thus, Federal legislation is necessary to allow the use of passenger
facility fees for noise reduction projects at the Lennox and Inglewood
schools. I am introducing legislation to do just this.
This bill was drafted with the assistance of the Federal Aviation
Administration, and it has the support of the Lennox and Inglewood
School Districts, the Los Angeles World Airports, and the Los Angeles
Mayor, Antonio Villaraigosa. My colleague in the House of
Representatives, Congresswoman Jane Harman, will introduce this same
bill today.
I urge my colleagues to join me in supporting this non-controversial
legislation that will allow for the use of passenger facility fees for
noise reduction projects in the Lennox and Inglewood School Districts.
I ask unanimous consent that the text of this legislation be printed in
the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 996

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

SECTION 1. EXPANDED PASSENGER FACILITY FEE ELIGIBILITY FOR
NOISE COMPATIBILITY PROJECTS.

Section 40117(b) of title 49, United States Code, is
amended by adding at the end the following:
``(7) Noise mitigation for certain schools.--
``(A) In general.--In addition to the uses specified in
paragraphs (1), (4), and (6), the Secretary may authorize a
passenger facility fee imposed under paragraph (1) or (4) at
a large hub airport that is the subject of an amended
judgment and final order in condemnation filed on January 7,
1980, by the Superior Court of the State of California for
the county of Los Angeles, to be used for a project to carry
out noise mitigation for a building, or for the replacement
of a relocatable building with a permanent building, in the
noise impacted area surrounding the airport at which such
building is used primarily for educational purposes,
notwithstanding the air easement granted or any terms to the
contrary in such judgment and final order, if--
``(i) the Secretary determines that the building is
adversely affected by airport noise;
``(ii) the building is owned or chartered by the school
district that was the plaintiff in case number 986,442 or
986,446, which was resolved by such judgment and final order;
``(iii) the project is for a school identified in 1 of the
settlement agreements effective February 16, 2005, between
the airport and each of the school districts;
``(iv) in the case of a project to replace a relocatable
building with a permanent building, the eligible project
costs are limited to the actual structural construction costs
necessary to mitigate aircraft noise in instructional
classrooms to an interior noise level meeting current
standards of the Federal Aviation Administration; and
``(v) the project otherwise meets the requirements of this
section for authorization of a passenger facility fee.
``(B) Eligible project costs.--In subparagraph (A)(iv), the
term `eligible project costs' means the difference between
the cost of standard school construction and the cost of
construction necessary to mitigate classroom noise to the
standards of the Federal Aviation Administration.''.
______

By Mr. STEVENS (for himself and Ms. Landrieu):
S. 1000. A bill to enhance the Federal Telework Program; to the
Committee on Homeland Security and Governmental Affairs.
Mr. STEVENS. Mr. President, today I am joined by Senator Landrieu in
introducing the Telework Enhancement Act of 2007. This legislation will
build on the existing Federal telework program to ensure maximum
participation in the program among those in the Federal workforce. This
measure will improve the cost-efficiency of the Federal Government and
will also serve to reduce traffic congestion and thereby save fuel and
greenhouse gas emissions. It will also enhance efforts by the Federal
Government with respect to continuity of operations, COOP, provide
employee incentives to attract and retain highly skilled Federal
personnel, and provide a model for the private sector.
In 2000, the key legislation affecting telework in the Federal
Government was signed into law as part of that year's highway bill. The
enacted provision provided that ``each executive agency . . . establish
a policy under which eligible employees of the agency may participate
in telecommuting to the maximum extent possible without diminished
employee performance.'' The measure was intended to apply to 25 percent
of the Federal workforce, and to an additional 25 percent of the
workforce each year thereafter.
The objective of that measure, as outlined in the bill's conference
report, was to ``reduce traffic congestion'' and to allow Federal
employees to telework to the maximum extent possible. The Report also
made clear that each Federal agency was to establish telework criteria,
and remove any ``managerial, logistical, organizational, or other
barriers to full implementation and successful functioning of the
policy. . . and provide for adequate administrative, human resources,
technical, and logistical support for carrying out the policy.''
The lead agencies that have carried out this telework mandate are
Office of Personnel Management, OPM, and the General Services
Administration, GSA. Together these agencies formed a common Web site
www.telework.gov to facilitate the advancement of the program, which
has had a degree of success. As of 2004, of the 1.7 million Federal
employees in the 82 agencies, 752,337 had been deemed eligible for
telework, which was an increase from 521,542 in 2001. But despite a
very loose definition of ``telework,'' which only requires that an
employee work from home 1 day per week to be considered a
``teleworker,'' 140,694, or 19 percent of those eligible, were deemed
as having teleworked in 2004. Critics argue that this low percentage of
teleworkers comparable to the much larger pool of telework-eligible
employees can be attributed to insufficient employee education, program
coordination, and workforce culture issues.

While OPM and GSA should be commended for the strides they have made
in implementing the Federal telework program, there are several
enhancements to the program that can be made legislatively to
facilitate the original goal of maximizing telework among eligible
Federal employees.
The bill we introduce today would, among other things: invert the
telework eligibility presumption to make all Federal employees eligible
unless expressly determined otherwise; revise the definition of
``telework'' to be an arrangement where the employee regularly works at
an alternate site at least 2 business days per week in order to reduce
his/her commute, the current definition only requires 1 day; require
that each agency designate a full-time Telework Managing Officer, TMO,
within the agency's chief administrative office, or comparable agency
office, to oversee the respective agency's telework program; require
that the TMO coordinate the telework policy for the agency or office,
serve as the liaison between employees and managers, and keep employees
informed of their telework eligibility; require the TMO to work to
expand the agency's telework program, oversee the COOP program, and
develop a telework performance and accountability system; require the
TMO to submit a report to the head of the agency annually with an
analysis of measures in place to carry out the telework policy; and
require the Government Accountability

[[Page S3844]]

Office, GAO, to evaluate each agency's telework policy, and publish a
report that rates each policy and the level of employee participation.
The events of September 11, 2001, the anthrax attacks that occurred
shortly thereafter, and the recent severe weather experienced across
the country have focused our attention on the importance of energy
independence, as well as our need to be prepared in the event of a
disaster. This legislation would be a step toward achieving these
broader national strategic objectives, and I urge my colleagues to
support it.
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. 1000

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 ``Telework Enhancement Act of
2007''.

SEC. 2. FEDERAL GOVERNMENT TELEWORK REQUIREMENT.

(a) In General.--
(1) Eligibility.--Within 1 year after the date of enactment
of this Act, the head of each Executive agency shall
establish a policy under which each employee of the agency,
except as provided in subsection (d), shall be eligible to
participate in telework.
(2) Participation policy.--The policy shall ensure that
eligible employees participate in telework to the maximum
extent possible without diminishing employee performance or
agency operations.
(b) Application to Judicial Branch Employees.--Within 1
year after the date of enactment of this Act, the Chief
Justice of the United States shall establish a policy for
employees of the judicial branch under which such employees,
except employees designated by the Chief Justice as employees
to whom the policy does not apply, shall participate in
telework to the maximum extent possible without diminishing
employee performance or judicial operations.
(c) Application to Legislative Branch Employees.--
(1) House of Representatives.--Within 1 year after the date
of enactment of this Act, the Speaker of the House of
Representatives, in consultation with the Minority Leader of
the House, shall establish a policy for employees of the
House of Representatives under which such employees, except
employees designated by the Speaker as employees to whom the
policy does not apply, shall participate in telework to the
maximum extent possible without diminishing employee
performance or House operations.
(2) Senate.--Within 1 year after the date of enactment of
this Act, the Majority Leader of the Senate, in consultation
with the Minority Leader of the Senate, shall establish a
policy for employees of the Senate under which such
employees, except employees designated by the Majority Leader
as employees to whom the policy does not apply, shall
participate in telework to the maximum extent possible
without diminishing employee performance or Senate
operations.
(3) Other Legislative Branch Employees.--Within 1 year
after the date of enactment of this Act, the Speaker of the
House of Representatives and the Majority Leader of the
Senate jointly shall establish a policy for employees of the
legislative branch who are not employees of either House
under which such employees, except employees designated by
the Speaker and the Majority Leader as employees to whom the
policy does not apply, shall participate in telework to the
maximum extent possible without diminishing employee
performance or legislative branch operations.
(d) Ineligible Employees.--
(1) Executive agencies.--Subsection (a)(1) does not apply
to executive agency employees--
(A) whose duties involve the daily handling of secure
materials, necessary contact with special equipment, or daily
physical presence;
(B) who are assigned to national security or intelligence
functions; or
(C) whose functions are otherwise inappropriate for
teleworking and which are designated by the head of the
agency as functions to which the policy does not apply.
(2) Judicial and legislative branch employees.--The Chief
Justice and the officers of the Senate and House of
Representatives described in subsection (c) may designate as
ineligible to participate in telework employees whose duties
are the same as, or similar to, the duties described in
paragraph (1).

SEC. 3. TRAINING AND MONITORING.

The head of each executive agency shall ensure that--
(1) telework training is incorporated in the agency's new
employee orientation procedures;
(2) periodic employee reviews are conducted for all
employees, including those described in section 1(a)(3), to
ascertain whether telework is appropriate for the employee's
job description and the extent to which it is being utilized
by the employee.

SEC. 4. TELEWORK MANAGING EMPLOYEE.

(a) In General.--The head of each executive agency, the
Chief Justice, the Speaker of the House of Representatives,
and the Majority Leader of the Senate shall appoint a full
time senior level employee of the agency, the judicial
branch, the House of Representatives, and the Senate,
respectively as the Telework Managing Officer. The Telework
Managing Office shall be established within the office of the
chief administrative officer or a comparable office with
similar functions.
(b) Duties.--The Telework Managing Officer shall--
(1) serve as liaison between employees engaged in
teleworking and their employing entity;
(2) ensure that the organization's telework policy is
communicated effectively to employees;
(3) encourage all eligible employees to engage in telework
to the maximum practicable extent consistent with meeting
performance requirements and maintaining operations;
(4) assist the head of the agency in the development and
maintenance of agencywide telework policies;
(5) educate administrative units on telework policies,
programs, and training courses;
(6) provide written notification to all employees of
specific telework programs and employee eligibility;
(7) focus on expanding and monitoring agency telework
programs;
(8) recommend and oversee telework-specific pilot programs
for employees and managers, including tracking performance
and monitoring activities;
(9) promote teleconferencing devices;
(10) develop monthly productivity awards for teleworkers;
(11) develop and administer a telework performance
reporting system; and
(12) assist the head of the agency in designating employees
to telework to continue agency operations in the event of a
major disaster (as defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122)).
(c) Report.--The Telework Managing Officer shall submit a
report to the head of the employing agency, the Chief
Justice, the Speaker of the House of Representatives, or the
Majority Leader of the Senate, as the case may be, and the
Comptroller General at least once every 12 months that
includes a statement of the applicable telework policy, a
description of measures in place to carry out the policy, and
an analysis of the participation by employees of the entity
in teleworking during the preceding 12-month period.

SEC. 5. ANNUAL TELEWORK AGENCY RATING.

(a) In General.--The Comptroller General shall establish a
system for evaluating--
(1) the telework policy of each executive agency, the
judicial branch, and the legislative branch; and
(2) on an annual basis the participation in teleworking by
their employees.
(b) Report.--The Comptroller General shall publish a report
each year rating--
(1) the telework policy of each entity to which this Act
applies;
(2) the degree of participation by employees of each such
entity in teleworking during the 12-month period covered by
the report; and
(3) for each executive agency--
(A) the number of employees in the agency;
(B) the number of those employees who are eligible to
telework;
(C) the number of employees who engage on a regular basis
in teleworking; and
(D) the number of employees who engage on an occasional or
sporadic basis in teleworking.

SEC. 7 DEFINITIONS.

In this Act:
(1) Employee.--The term ``employee'' has the meaning given
that term by section 8101(1) of title 5, United States Code,
but does not include--
(A) justices of the Supreme Court, judges of Courts of
Appeals, or judges of the District Courts;
(B) a Member of the United States House of Representatives;
or
(C) a United States Senator.
(2) Executive agency.--The term ``Executive agency'' has
the meaning given that term by section 105 of title 5, United
States Code.
(3) Telework.--The term ``telework'' means a work
arrangement in which an employee regularly performs
officially assigned duties at home or other worksites
geographically convenient to the residence of the employee
that--
(A) reduces or eliminates the employee's commute between
his or her residence and his or her place of employment; and
(B) occurs at least 2 business days per week on a recurring
basis.
Mr. KENNEDY. Mr. President, stroke is a devastating disease that
affects young and old, women and men, regardless of their race or
ethnic background. The physical, emotional, and financial toll of
stroke on individuals and their families is enormous.
Fortunately, we have achieved major advances in the prevention and
treatment of stroke in recent years that have reduced the high toll of
death and disability. The Nation's investment in research through the
National Institutes of Health has led to many of

[[Page S3845]]

these advances, and it's tragic that so many stroke patients do not yet
have access to these advances.
That's why Senator Cochran and I have introduced the bipartisan
Stroke Treatment and Ongoing Prevention Act in Congress, to help bring
what we've learned in the laboratory to the bedside of the patient more
quickly. Both Houses of Congress know the importance of this issue, and
identical legislation has been introduced in the House of
Representatives. This bill is intended to become a national commitment
to end the suffering from stroke. It will also be a promise that every
American can lead a better and healthier life.
______

By Mr. KENNEDY (for himself, Mr. Kerry, Mrs. Boxer, Mr. Harkin,
Mr. Lautenberg, Mr. Dodd, Mr. Lieberman, Mrs. Feinstein, Ms.
Mikulski, Mr. Brown, Mr. Durbin, Mr. Schumer, Ms. Cantwell, Mr.
Biden, Mr. Levin, Mr. Menendez, Mrs. Murray, Mrs. Clinton, Mr.
Feingold, Ms. Stabenow, and Mr. Whitehouse):
S.J. Res. 10. A joint resolution proposing an amendment to the
Constitution of the United States relative to equal rights for men and
women; to the Committee on the Judiciary.
Mr. KENNEDY. Mr. President, it's a privilege to join my colleagues in
reintroducing the Equal Rights Amendment to the Constitution. Our
strong commitment to equal rights for men and women should be clearly
reflected in the Nation's founding document.
The ERA is essential to guarantee that the freedoms protected by our
Constitution apply equally to men and women. From the beginning of our
history as a Nation, women have had to wage a constant, long and
difficult battle to win the same basic rights granted to men. That
battle goes on today, since discrimination still continues in many
ways.
Despite passage of the Equal Pay Act and the Civil Rights Act in the
1960s, discrimination against women continues to permeate the workforce
and many areas of the economy. Today, women earn about 77 cents for
each dollar earned by men, and the gap is even greater for women of
color. In 2004, African American women earned only 67 percent of the
earnings of white men, and Hispanic women earned only 56 percent.
Women with college and professional degrees have achieved advances in
a number of professional and managerial occupations in recent years.
Yet more than 60 percent of working women are still clustered in a
narrow range of traditionally female, traditionally low-paying
occupations, and female-headed households continue to dominate the
bottom rungs of the economic ladder.
A stronger effort is clearly needed to finally live up to our
commitment of full equality. The Equal Rights Amendment alone cannot
remedy all discrimination, but it will clearly strengthen the ongoing
efforts of women across the country to obtain equal treatment.
We know from the failed ratification experiences of the past that
amending the Constitution to include the ERA will not be easy to
achieve. But its extraordinary significance requires us to continue the
battle to finally see it approved by Congress and ratified by the
States. The women of America deserve no less.
I ask unanimous consent that the text of the resolution be printed in
the Record.
There being no objection, the joint resolution was ordered to be
printed in the Record, as follows:

S.J. Res. 10

Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled (two-thirds of
each House concurring therein), That the following article is
proposed as an amendment to the Constitution of the United
States, which shall be valid to all intents and purposes as
part of the Constitution when ratified by the legislatures of
three-fourths of the several States:

``Article--

``Section 1. Equality of rights under the law shall not be
denied or abridged by the United States or by any State on
account of sex.
``Section 2. The Congress shall have the power to enforce,
by appropriate legislation, the provisions of this article.
``Section 3. This article shall take effect 2 years after
the date of ratification.''.

____________________