[Congressional Record Volume 153, Number 55 (Thursday, March 29, 2007)]
[Senate]
[Pages S4163-S4215]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. KOHL (for himself, Mr. Specter, Mr. Leahy, Mr. Kyl, and
Mr. Schumer):
S. 1027. A bill to prevent tobacco smuggling, to ensure the
collection of all tobacco taxes, and for other purposes; to the
Committee on the Judiciary.
Mr. KOHL. Mr. President, I rise today to introduce the Prevent All
Cigarette Trafficking (PACT) Act with Senators Specter, Leahy, Kyl, and
Schumer.
As the problem of cigarette trafficking continues to worsen, we must
provide law enforcement officials with the tools they need to crack
down on cigarette trafficking. The PACT Act closes loopholes in current
tobacco trafficking laws, enhances penalties for violations, and
provides law enforcement with new tools to combat the innovative new
methods being used by cigarette traffickers to distribute their
products. Each day we delay its passage, terrorists and criminals raise
more money, States lose significant amounts of tax revenue, and kids
have easy access to tobacco products sold over the internet.
The cost to Americans is not merely financial. Tobacco smuggling also
poses a significant threat to innocent people around the world. It has
developed into a popular, and highly profitable, means of generating
revenue for criminal and terrorist organizations. Hezbollah, for
example, earned $1.5 million between 1996 and 2000 by engaging in
tobacco trafficking in the United States. Al Qaeda and Hamas have also
generated significant revenue from the sale of counterfeit cigarettes.
That money is often raised right here in the United States, and it is
then funneled back to these international terrorist groups. Cutting off
financial support to terrorist groups is an integral part of protecting
this country against future attacks, and it was an important
recommendation of the 9/11 Commission. We can no longer continue to let
terrorist organizations exploit weaknesses in our tobacco laws to
generate significant amounts of money. The cost of doing nothing is too
great.
This is not a minor problem. Cigarette smuggling is a multibillion
dollar a year phenomenon and is getting worse. In 1998, the Bureau of
Alcohol, Tobacco, Firearms and Explosives (BATFE) had six active
tobacco smuggling investigations. In 2005, that number swelled to 452.
The number of cases alone, however, does not sufficiently put this
problem into perspective. The amount of money involved is truly
astonishing. Cigarette trafficking, including the illegal sale of
tobacco products over the internet, costs States billions of dollars in
lost tax revenue each year. It is estimated that $3.8 billion of tax
revenue were lost, at the Federal and State level, in 2004 to tobacco
smuggling. As lost tobacco tax revenue lines the pockets of criminals
and terrorist groups, States are being forced to increase college
tuition and restrict access to other public programs because of lost
revenues. Tobacco smuggling may provide some with cheap access to
cigarettes, but those cheap cigarettes are coming at a significant cost
to the rest of us.
According to the Government Accountability Office (GAO), cigarette
trafficking investigations are growing more and more complex, and take
longer to resolve. More people are selling cigarettes illegally, and
they are getting better at it. As these cases become more difficult to
crack, we owe it to law enforcement officials to do our part to lend a
helping hand. The PACT Act does that by enhancing BATFE's authority to
enter premises to investigate and enforce cigarette trafficking laws.
It also increases penalties for cigarette trafficking. Unless these
existing laws are strengthened, traffickers will continue to operate
with near impunity.
Just as important, though, we must enable our country's law
enforcement officials to combat the cigarette smugglers of the 21st
century. The internet represents a new obstacle to enforcement. Illegal
tobacco vendors around the world evade detection by conducting
transactions over the internet, and then shipping their illegal
products around the country to consumers. Just a few years ago, there
were less than 100 vendors selling cigarettes online. Today,
approximately 500 vendors sell illegal tobacco products over the
internet.
Without new and innovative enforcement methods, law enforcement will
not be able to effectively address the growing challenges facing them
today. The PACT Act sets out to do just that by empowering States to go
after out-of-State sellers who are violating their tax laws and by
cutting off their method of delivery. A significant part of this
problem involves the shipment of contraband cigarettes through the
United States Postal Service (USPS). This bill would cut off online
vendors' access to the USPS. We would treat cigarettes just like we
treat alcohol, making it illegal to ship them through the U.S. mails
and cutting off a large portion of the delivery system.
In addition, it would facilitate cooperation between law enforcement
and private carriers, who are sometimes the unwitting delivery arm of
these tobacco traffickers. The bill authorizes the Attorney General to
compile a list of sellers who are engaging in illegal cigarette sales,
and that list would be distributed to private carriers, like UPS and
FedEx. Providing this information to these companies, who have already
begun to cooperate with law enforcement in this area, would then be
empowered to cut off shipments for those of their customers
[[Page S4164]]
who are engaging in tobacco smuggling.
The PACT Act is a comprehensive bill to put these illegal smugglers
out of business. It enjoys the strong support of tobacco companies, law
enforcement officials, and the public health community. The bill
contains important authorities that will enable our federal, state, and
local law enforcement officials to crack down on cigarette trafficking,
and thereby close off a very lucrative funding stream for international
terrorist groups and other criminal enterprises. I urge my colleagues
to support this important legislation.
I ask unanimous consent that the text of the legislation be printed
in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 1027
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS; PURPOSES.
(a) Short Title.--This Act may be cited as the ``Prevent
All Cigarette Trafficking Act of 2007'' or ``PACT Act''.
(b) Findings.--Congress finds that--
(1) the sale of illegal cigarettes and smokeless tobacco
products significantly reduces Federal, State, and local
government revenues, with Internet sales alone accounting for
billions of dollars of lost Federal, State, and local tobacco
tax revenue each year;
(2) Hezbollah, Hamas, al Qaeda, and other terrorist
organizations have profited from trafficking in illegal
cigarettes or counterfeit cigarette tax stamps;
(3) terrorist involvement in illicit cigarette trafficking
will continue to grow because of the large profits such
organizations can earn;
(4) the sale of illegal cigarettes and smokeless tobacco
over the Internet, and through mail, fax, or phone orders,
make it cheaper and easier for children to obtain tobacco
products;
(5) the majority of Internet and other remote sales of
cigarettes and smokeless tobacco are being made without
adequate precautions to protect against sales to children,
without the payment of applicable taxes, and without
complying with the nominal registration and reporting
requirements in existing Federal law;
(6) unfair competition from illegal sales of cigarettes and
smokeless tobacco is taking billions of dollars of sales away
from law-abiding retailers throughout the United States;
(7) with rising State and local tobacco tax rates, the
incentives for the illegal sale of cigarettes and smokeless
tobacco have increased;
(8) the number of active tobacco investigations being
conducted by the Bureau of Alcohol, Tobacco, Firearms, and
Explosives rose to 452 in 2005;
(9) the number of Internet vendors in the United States and
in foreign countries that sell cigarettes and smokeless
tobacco to buyers in the United States has increased from
only about 40 in 2000 to more than 500 in 2005; and
(10) the intrastate sale of illegal cigarettes and
smokeless tobacco over the Internet has a substantial effect
on interstate commerce.
(c) Purposes.--It is the purpose of this Act to--
(1) require Internet and other remote sellers of cigarettes
and smokeless tobacco to comply with the same laws that apply
to law-abiding tobacco retailers;
(2) create strong disincentives to illegal smuggling of
tobacco products;
(3) provide government enforcement officials with more
effective enforcement tools to combat tobacco smuggling;
(4) make it more difficult for cigarette and smokeless
tobacco traffickers to engage in and profit from their
illegal activities;
(5) increase collections of Federal, State, and local
excise taxes on cigarettes and smokeless tobacco; and
(6) prevent and reduce youth access to inexpensive
cigarettes and smokeless tobacco through illegal Internet or
contraband sales.
SEC. 2. COLLECTION OF STATE CIGARETTE AND SMOKELESS TOBACCO
TAXES.
(a) Definitions.--The Act of October 19, 1949 (15 U.S.C.
375 et seq.; commonly referred to as the ``Jenkins Act'')
(referred to in this Act as the ``Jenkins Act''), is amended
by striking the first section and inserting the following:
``SECTION 1. DEFINITIONS.
``As used in this Act, the following definitions apply:
``(1) Attorney general.--The term `attorney general', with
respect to a State, means the attorney general or other chief
law enforcement officer of the State, or the designee of that
officer.
``(2) Cigarette.--
``(A) In general.--For purposes of this Act, the term
`cigarette' shall--
``(i) have the same meaning given that term in section 2341
of title 18, United States Code; and
``(ii) include `roll-your-own tobacco' (as that term is
defined in section 5702 of the Internal Revenue Code of
1986).
``(B) Exception.--For purposes of this Act, the term
`cigarette' does not include a `cigar,' as that term is
defined in section 5702 of the Internal Revenue Code of 1986.
``(3) Common carrier.--The term `common carrier' means any
person (other than a local messenger service or the United
States Postal Service) that holds itself out to the general
public as a provider for hire of the transportation by water,
land, or air of merchandise, whether or not the person
actually operates the vessel, vehicle, or aircraft by which
the transportation is provided, between a port or place and a
port or place in the United States.
``(4) Consumer.--The term `consumer' means any person that
purchases cigarettes or smokeless tobacco, but does not
include any person lawfully operating as a manufacturer,
distributor, wholesaler, or retailer of cigarettes or
smokeless tobacco.
``(5) Delivery sale.--The term `delivery sale' means any
sale of cigarettes or smokeless tobacco to a consumer if--
``(A) the consumer submits the order for such sale by means
of a telephone or other method of voice transmission, the
mails, or the Internet or other online service, or the seller
is otherwise not in the physical presence of the buyer when
the request for purchase or order is made; or
``(B) the cigarettes or smokeless tobacco are delivered by
use of a common carrier, private delivery service, or the
mails, or the seller is not in the physical presence of the
buyer when the buyer obtains possession of the cigarettes or
smokeless tobacco.
``(6) Delivery seller.--The term `delivery seller' means a
person who makes a delivery sale.
``(7) Indian country.--The term `Indian country' has the
meaning given that term in section 1151 of title 18, United
States Code, except that within the State of Alaska that term
applies only to the Metlakatla Indian Community, Annette
Island Reserve.
``(8) Indian tribe.--The term `Indian tribe', `tribe', or
`tribal' refers to an Indian tribe as defined in section 4(e)
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b(e)) or as listed pursuant to section 104 of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 479a-1).
``(9) Interstate commerce.--The term `interstate commerce'
means commerce between a State and any place outside the
State, commerce between a State and any Indian country in the
State, or commerce between points in the same State but
through any place outside the State or through any Indian
country.
``(10) Person.--The term `person' means an individual,
corporation, company, association, firm, partnership,
society, State government, local government, Indian tribal
government, governmental organization of such government, or
joint stock company.
``(11) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or any territory or possession
of the United States.
``(12) Smokeless tobacco.--The term `smokeless tobacco'
means any finely cut, ground, powdered, or leaf tobacco, or
other product containing tobacco, that is intended to be
placed in the oral or nasal cavity or otherwise consumed
without being combusted.
``(13) Tobacco tax administrator.--The term `tobacco tax
administrator' means the State, local, or tribal official
duly authorized to collect the tobacco tax or administer the
tax law of a State, locality, or tribe, respectively.
``(14) Use.--The term `use', in addition to its ordinary
meaning, means the consumption, storage, handling, or
disposal of cigarettes or smokeless tobacco.''.
(b) Reports to State Tobacco Tax Administrators.--Section 2
of the Jenkins Act (15 U.S.C. 376) is amended--
(1) by striking ``cigarettes'' each place it appears and
inserting ``cigarettes or smokeless tobacco'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``Contents.--''after ``(a)''
(ii) by striking ``or transfers'' and inserting ``,
transfers, or ships'';
(iii) by inserting ``, locality, or Indian country of an
Indian tribe'' after ``a State'';
(iv) by striking ``to other than a distributor licensed by
or located in such State,''; and
(v) by striking ``or transfer and shipment'' and inserting
``, transfer, or shipment'';
(B) in paragraph (1)--
(i) by striking ``with the tobacco tax administrator of the
State'' and inserting ``with the Attorney General of the
United States and with the tobacco tax administrators of the
State and place''; and
(ii) by striking ``; and'' and inserting the following: ``,
as well as telephone numbers for each place of business, a
principal electronic mail address, any website addresses, and
the name, address, and telephone number of an agent in the
State authorized to accept service on behalf of such
person;'';
(C) in paragraph (2), by striking ``and the quantity
thereof.'' and inserting ``the quantity thereof, and the
name, address, and phone number of the person delivering the
shipment to the recipient on behalf of the delivery seller,
with all invoice or memoranda information relating to
specific customers to be organized by city or town and by zip
code; and''; and
(D) by adding at the end the following:
``(3) with respect to each memorandum or invoice filed with
a State under paragraph (2), also file copies of such
memorandum or invoice with the tobacco tax administrators
[[Page S4165]]
and chief law enforcement officers of the local governments
and Indian tribes operating within the borders of the State
that apply their own local or tribal taxes on cigarettes or
smokeless tobacco.'';
(3) in subsection (b)--
(A) by inserting ``Presumptive Evidence.--'' after ``(b)'';
(B) by striking ``(1) that'' and inserting ``that''; and
(C) by striking ``, and (2)'' and all that follows and
inserting a period; and
(4) by adding at the end the following:
``(c) Use of Information.--A tobacco tax administrator or
chief law enforcement officer who receives a memorandum or
invoice under paragraph (2) or (3) of subsection (a) shall
use such memorandum or invoice solely for the purposes of the
enforcement of this Act and the collection of any taxes owed
on related sales of cigarettes and smokeless tobacco, and
shall keep confidential any personal information in such
memorandum or invoice not otherwise required for such
purposes.''.
(c) Requirements for Delivery Sales.--The Jenkins Act is
amended by inserting after section 2 the following:
``SEC. 2A. DELIVERY SALES.
``(a) In General.--With respect to delivery sales into a
specific State and place, each delivery seller shall comply
with--
``(1) the shipping requirements set forth in subsection
(b);
``(2) the recordkeeping requirements set forth in
subsection (c);
``(3) all State, local, tribal, and other laws generally
applicable to sales of cigarettes or smokeless tobacco as if
such delivery sales occurred entirely within the specific
State and place, including laws imposing--
``(A) excise taxes;
``(B) licensing and tax-stamping requirements;
``(C) restrictions on sales to minors; and
``(D) other payment obligations or legal requirements
relating to the sale, distribution, or delivery of cigarettes
or smokeless tobacco; and
``(4) the tax collection requirements set forth in
subsection (d).
``(b) Shipping and Packaging.--
``(1) Required statement.--For any shipping package
containing cigarettes or smokeless tobacco, the delivery
seller shall include on the bill of lading, if any, and on
the outside of the shipping package, on the same surface as
the delivery address, a clear and conspicuous statement
providing as follows: `CIGARETTES/SMOKELESS TOBACCO: FEDERAL
LAW REQUIRES THE PAYMENT OF ALL APPLICABLE EXCISE TAXES, AND
COMPLIANCE WITH APPLICABLE LICENSING AND TAX-STAMPING
OBLIGATIONS'.
``(2) Failure to label.--Any shipping package described in
paragraph (1) that is not labeled in accordance with that
paragraph shall be treated as nondeliverable matter by a
common carrier or other delivery service, if the common
carrier or other delivery service knows or should know the
package contains cigarettes or smokeless tobacco. If a common
carrier or other delivery service believes a package is being
submitted for delivery in violation of paragraph (1), it may
require the person submitting the package for delivery to
establish that it is not being sent in violation of paragraph
(1) before accepting the package for delivery. Nothing in
this paragraph shall require the common carrier or other
delivery service to open any package to determine its
contents.
``(3) Weight restriction.--A delivery seller shall not
sell, offer for sale, deliver, or cause to be delivered in
any single sale or single delivery any cigarettes or
smokeless tobacco weighing more than 10 pounds.
``(4) Age verification.--
``(A) In general.--Notwithstanding any other provision of
law, a delivery seller who mails or ships tobacco products--
``(i) shall not sell, deliver, or cause to be delivered any
tobacco products to a person under the minimum age required
for the legal sale or purchase of tobacco products, as
determined by the applicable law at the place of delivery;
``(ii) shall use a method of mailing or shipping that
requires--
``(I) the purchaser placing the delivery sale order, or an
adult who is at least the minimum age required for the legal
sale or purchase of tobacco products, as determined by the
applicable law at the place of delivery, to sign to accept
delivery of the shipping container at the delivery address;
and
``(II) the person who signs to accept delivery of the
shipping container to provide proof, in the form of a valid,
government-issued identification bearing a photograph of the
individual, that the person is at least the minimum age
required for the legal sale or purchase of tobacco products,
as determined by the applicable law at the place of delivery;
and
``(iii) shall not accept a delivery sale order from a
person without--
``(I) obtaining the full name, birth date, and residential
address of that person; and
``(II) verifying the information provided in subclause (I),
through the use of a commercially available database or
aggregate of databases, consisting primarily of data from
government sources, that are regularly used by government and
businesses for the purpose of age and identity verification
and authentication, to ensure that the purchaser is at least
the minimum age required for the legal sale or purchase of
tobacco products, as determined by the applicable law at the
place of delivery.
``(B) Limitation.--No database being used for age and
identity verification under subparagraph (A)(iii) shall be in
the possession or under the control of the delivery seller,
or be subject to any changes or supplementation by the
delivery seller.
``(c) Records.--
``(1) In general.--Each delivery seller shall keep a record
of any delivery sale, including all of the information
described in section 2(a)(2), organized by the State, and
within such State, by the city or town and by zip code, into
which such delivery sale is so made.
``(2) Record retention.--Records of a delivery sale shall
be kept as described in paragraph (1) in the year in which
the delivery sale is made and for the next 4 years.
``(3) Access for officials.--Records kept under paragraph
(1) shall be made available to tobacco tax administrators of
the States, to local governments and Indian tribes that apply
their own local or tribal taxes on cigarettes or smokeless
tobacco, to the attorneys general of the States, to the chief
law enforcement officers of such local governments and Indian
tribes, and to the Attorney General of the United States in
order to ensure the compliance of persons making delivery
sales with the requirements of this Act.
``(d) Delivery.--
``(1) In general.--Except as provided in paragraph (2), no
delivery seller may sell or deliver to any consumer, or
tender to any common carrier or other delivery service, any
cigarettes or smokeless tobacco pursuant to a delivery sale
unless, in advance of the sale, delivery, or tender--
``(A) any cigarette or smokeless tobacco excise tax that is
imposed by the State in which the cigarettes or smokeless
tobacco are to be delivered has been paid to the State;
``(B) any cigarette or smokeless tobacco excise tax that is
imposed by the local government of the place in which the
cigarettes or smokeless tobacco are to be delivered has been
paid to the local government; and
``(C) any required stamps or other indicia that such excise
tax has been paid are properly affixed or applied to the
cigarettes or smokeless tobacco.
``(2) Exception.--Paragraph (1) does not apply to a
delivery sale of smokeless tobacco if the law of the State or
local government of the place where the smokeless tobacco is
to be delivered requires or otherwise provides that delivery
sellers collect the excise tax from the consumer and remit
the excise tax to the State or local government, and the
delivery seller complies with the requirement.
``(e) List of Unregistered or Noncompliant Delivery
Sellers.--
``(1) In general.--
``(A) Initial list.--Not later than 90 days after this
subsection goes into effect under the Prevent All Cigarette
Trafficking Act of 2007, the Attorney General of the United
States shall compile a list of delivery sellers of cigarettes
or smokeless tobacco that have not registered with the
Attorney General, pursuant to section 2(a) or that are
otherwise not in compliance with this Act, and--
``(i) distribute the list to--
``(I) the attorney general and tax administrator of every
State;
``(II) common carriers and other persons that deliver small
packages to consumers in interstate commerce, including the
United States Postal Service; and
``(III) at the discretion of the Attorney General of the
United States, to any other persons; and
``(ii) publicize and make the list available to any other
person engaged in the business of interstate deliveries or
who delivers cigarettes or smokeless tobacco in or into any
State.
``(B) List contents.--To the extent known, the Attorney
General of the United States shall include, for each delivery
seller on the list described in subparagraph (A)--
``(i) all names the delivery seller uses in the transaction
of its business or on packages delivered to customers;
``(ii) all addresses from which the delivery seller does
business or ships cigarettes or smokeless tobacco;
``(iii) the website addresses, primary e-mail address, and
phone number of the delivery seller; and
``(iv) any other information that the Attorney General
determines would facilitate compliance with this subsection
by recipients of the list.
``(C) Updating.--The Attorney General of the United States
shall update and distribute the list at least once every 4
months, and may distribute the list and any updates by
regular mail, electronic mail, or any other reasonable means,
or by providing recipients with access to the list through a
nonpublic website that the Attorney General of the United
States regularly updates.
``(D) State, local, or tribal additions.--The Attorney
General of the United States shall include in the list under
subparagraph (A) any noncomplying delivery sellers identified
by any State, local, or tribal government under paragraph
(5), and shall distribute the list to the attorney general or
chief law enforcement official and the tax administrator of
any government submitting any such information and to any
common carriers or other persons who deliver small packages
to consumers identified by any government pursuant to
paragraph (5).
``(E) Confidentiality.--The list distributed pursuant to
subparagraph (A) shall be confidential, and any person
receiving the list shall maintain the confidentiality of the
[[Page S4166]]
list but may deliver the list, for enforcement purposes, to
any government official or to any common carrier or other
person that delivers tobacco products or small packages to
consumers. Nothing in this section shall prohibit a common
carrier, the United States Postal Service, or any other
person receiving the list from discussing with the listed
delivery sellers the delivery sellers' inclusion on the list
and the resulting effects on any services requested by such
listed delivery seller.
``(2) Prohibition on delivery.--
``(A) In general.--Commencing on the date that is 60 days
after the date of the initial distribution or availability of
the list under paragraph (1)(A), no person who receives the
list under paragraph (1), and no person who delivers
cigarettes or smokeless tobacco to consumers, shall knowingly
complete, cause to be completed, or complete its portion of a
delivery of any package for any person whose name and address
are on the list, unless--
``(i) the person making the delivery knows or believes in
good faith that the item does not include cigarettes or
smokeless tobacco;
``(ii) the delivery is made to a person lawfully engaged in
the business of manufacturing, distributing, or selling
cigarettes or smokeless tobacco; or
``(iii) the package being delivered weighs more than 100
pounds and the person making the delivery does not know or
have reasonable cause to believe that the package contains
cigarettes or smokeless tobacco.
``(B) Implementation of updates.--Commencing on the date
that is 30 days after the date of the distribution or
availability of any updates or corrections to the list under
paragraph (1), all recipients and all common carriers or
other persons that deliver cigarettes or smokeless tobacco to
consumers shall be subject to subparagraph (A) in regard to
such corrections or updates.
``(3) Shipments from persons on list.--
``(A) In general.--In the event that a common carrier or
other delivery service delays or interrupts the delivery of a
package it has in its possession because it determines or has
reason to believe that the person ordering the delivery is on
a list distributed under paragraph (1)--
``(i) the person ordering the delivery shall be obligated
to pay--
``(I) the common carrier or other delivery service as if
the delivery of the package had been timely completed; and
``(II) if the package is not deliverable, any reasonable
additional fee or charge levied by the common carrier or
other delivery service to cover its extra costs and
inconvenience and to serve as a disincentive against such
noncomplying delivery orders; and
``(ii) if the package is determined not to be deliverable,
the common carrier or other delivery service shall, in its
discretion, either provide the package and its contents to a
Federal, State, or local law enforcement agency or destroy
the package and its contents.
``(B) Records.--A common carrier or other delivery service
shall maintain, for a period of 5 years, any records kept in
the ordinary course of business relating to any deliveries
interrupted pursuant to this paragraph and provide that
information, upon request, to the Attorney General of the
United States or to the attorney general or chief law
enforcement official or tax administrator of any State,
local, or tribal government.
``(C) Confidentiality.--Any person receiving records under
subparagraph (B) shall use such records solely for the
purposes of the enforcement of this Act and the collection of
any taxes owed on related sales of cigarettes and smokeless
tobacco, and the person receiving records under subparagraph
(B) shall keep confidential any personal information in such
records not otherwise required for such purposes.
``(4) Preemption.--
``(A) In general.--No State, local, or tribal government,
nor any political authority of 2 or more State, local, or
tribal governments, may enact or enforce any law or
regulation relating to delivery sales that restricts
deliveries of cigarettes or smokeless tobacco to consumers by
common carriers or other delivery services on behalf of
delivery sellers by--
``(i) requiring that the common carrier or other delivery
service verify the age or identity of the consumer accepting
the delivery by requiring the person who signs to accept
delivery of the shipping container to provide proof, in the
form of a valid, government-issued identification bearing a
photograph of the individual, that such person is at least
the minimum age required for the legal sale or purchase of
tobacco products, as determined by either State or local law
at the place of delivery;
``(ii) requiring that the common carrier or other delivery
service obtain a signature from the consumer accepting the
delivery;
``(iii) requiring that the common carrier or other delivery
service verify that all applicable taxes have been paid;
``(iv) requiring that packages delivered by the common
carrier or other delivery service contain any particular
labels, notice, or markings; or
``(v) prohibiting common carriers or other delivery
services from making deliveries on the basis of whether the
delivery seller is or is not identified on any list of
delivery sellers maintained and distributed by any entity
other than the Federal Government.
``(B) Relationship to other laws.--Nothing in this
paragraph shall be construed to prohibit, expand, restrict,
or otherwise amend or modify--
``(i) section 14501(c)(1) or 41713(b)(4) of title 49,
United States Code;
``(ii) any other restrictions in Federal law on the ability
of State, local, or tribal governments to regulate common
carriers; or
``(iii) any provision of State, local, or tribal law
regulating common carriers that falls within the provisions
of chapter 49 of the United States Code, sections 14501(c)(2)
or 41713(b)(4)(B).
``(C) State laws prohibiting delivery sales.--Nothing in
the Prevent All Cigarette Trafficking Act of 2007, or the
amendments made by that Act, may be construed to preempt or
supersede State laws prohibiting the delivery sale, or the
shipment or delivery pursuant to a delivery sale, of
cigarettes or smokeless tobacco to individual consumers.
``(5) State, local, and tribal additions.--
``(A) In general.--Any State, local, or tribal government
shall provide the Attorney General of the United States
with--
``(i) all known names, addresses, website addresses, and
other primary contact information of any delivery seller that
offers for sale or makes sales of cigarettes or smokeless
tobacco in or into the State, locality, or tribal land but
has failed to register with or make reports to the respective
tax administrator, as required by this Act, or that has been
found in a legal proceeding to have otherwise failed to
comply with this Act; and
``(ii) a list of common carriers and other persons who make
deliveries of cigarettes or smokeless tobacco in or into the
State, locality, or tribal lands.
``(B) Updates.--Any government providing a list to the
Attorney General of the United States under subparagraph (A)
shall also provide updates and corrections every 4 months
until such time as such government notifies the Attorney
General of the United States in writing that such government
no longer desires to submit such information to supplement
the list maintained and distributed by the Attorney General
of the United States under paragraph (1).
``(C) Removal after withdrawal.--Upon receiving written
notice that a government no longer desires to submit
information under subparagraph (A), the Attorney General of
the United States shall remove from the list under paragraph
(1) any persons that are on the list solely because of such
government's prior submissions of its list of noncomplying
delivery sellers of cigarettes or smokeless tobacco or its
subsequent updates and corrections.
``(6) Deadline to incorporate additions.--The Attorney
General of the United States shall--
``(A) include any delivery seller identified and submitted
by a State, local, or tribal government under paragraph (5)
in any list or update that is distributed or made available
under paragraph (1) on or after the date that is 30 days
after the date on which the information is received by the
Attorney General of the United States; and
``(B) distribute any such list or update to any common
carrier or other person who makes deliveries of cigarettes or
smokeless tobacco that has been identified and submitted by
another government, pursuant to paragraph (5).
``(7) Notice to delivery sellers.--Not later than 14 days
prior to including any delivery seller on the initial list
distributed or made available under paragraph (1), or on any
subsequent list or update for the first time, the Attorney
General of the United States shall make a reasonable attempt
to send notice to the delivery seller by letter, electronic
mail, or other means that the delivery seller is being placed
on such list or update, with that notice citing the relevant
provisions of this Act.
``(8) Limitations.--
``(A) In general.--Any common carrier or other person
making a delivery subject to this subsection shall not be
required or otherwise obligated to--
``(i) determine whether any list distributed or made
available under paragraph (1) is complete, accurate, or up-
to-date;
``(ii) determine whether a person ordering a delivery is in
compliance with this Act; or
``(iii) open or inspect, pursuant to this Act, any package
being delivered to determine its contents.
``(B) Alternate names.--Any common carrier or other person
making a delivery subject to this subsection shall not be
required or otherwise obligated to make any inquiries or
otherwise determine whether a person ordering a delivery is a
delivery seller on the list under paragraph (1) who is using
a different name or address in order to evade the related
delivery restrictions, but shall not knowingly deliver any
packages to consumers for any such delivery seller who the
common carrier or other delivery service knows is a delivery
seller who is on the list under paragraph (1) but is using a
different name or address to evade the delivery restrictions
of paragraph (2).
``(C) Penalties.--Any common carrier or person in the
business of delivering packages on behalf of other persons
shall not be subject to any penalty under section 14101(a) of
title 49, United States Code, or any other provision of law
for--
``(i) not making any specific delivery, or any deliveries
at all, on behalf of any person on the list under paragraph
(1);
``(ii) not, as a matter of regular practice and procedure,
making any deliveries, or any deliveries in certain States,
of any cigarettes or smokeless tobacco for any person or for
any person not in the business of manufacturing,
distributing, or selling cigarettes or smokeless tobacco; or
[[Page S4167]]
``(iii) delaying or not making a delivery for any person
because of reasonable efforts to comply with this Act.
``(D) Other limits.--Section 2 and subsections (a), (b),
(c), and (d) of this section shall not be interpreted to
impose any responsibilities, requirements, or liability on
common carriers.
``(f) Presumption.--For purposes of this Act, a delivery
sale shall be deemed to have occurred in the State and place
where the buyer obtains personal possession of the cigarettes
or smokeless tobacco, and a delivery pursuant to a delivery
sale is deemed to have been initiated or ordered by the
delivery seller.''.
(d) Penalties.--The Jenkins Act is amended by striking
section 3 and inserting the following:
``SEC. 3. PENALTIES.
``(a) Criminal Penalties.--
``(1) In general.--Except as provided in paragraph (2),
whoever violates any provision of this Act shall be guilty of
a felony and shall be imprisoned not more than 3 years, fined
under title 18, United States Code, or both.
``(2) Exceptions.--
``(A) Governments.--Paragraph (1) shall not apply to a
State, local, or tribal government.
``(B) Delivery violations.--A common carrier or independent
delivery service, or employee of a common carrier or
independent delivery service, shall be subject to criminal
penalties under paragraph (1) for a violation of section
2A(e) only if the violation is committed intentionally--
``(i) as consideration for the receipt of, or as
consideration for a promise or agreement to pay, anything of
pecuniary value; or
``(ii) for the purpose of assisting a delivery seller to
violate, or otherwise evading compliance with, section 2A.
``(b) Civil Penalties.--
``(1) In general.--Except as provided in paragraph (3),
whoever violates any provision of this Act shall be subject
to a civil penalty in an amount not to exceed--
``(A) in the case of a delivery seller, the greater of--
``(i) $5,000 in the case of the first violation, or $10,000
for any other violation; or
``(ii) for any violation, 2 percent of the gross sales of
cigarettes or smokeless tobacco of such person during the 1-
year period ending on the date of the violation.
``(B) in the case of a common carrier or other delivery
service, $2,500 in the case of a first violation, or $5,000
for any violation within 1 year of a prior violation.
``(2) Relation to other penalties.--A civil penalty under
paragraph (1) for a violation of this Act shall be imposed in
addition to any criminal penalty under subsection (a) and any
other damages, equitable relief, or injunctive relief awarded
by the court, including the payment of any unpaid taxes to
the appropriate Federal, State, local, or tribal governments.
``(3) Exceptions.--
``(A) Delivery violations.--An employee of a common carrier
or independent delivery service shall be subject to civil
penalties under paragraph (1) for a violation of section
2A(e) only if the violation is committed intentionally--
``(i) as consideration for the receipt of, or as
consideration for a promise or agreement to pay, anything of
pecuniary value; or
``(ii) for the purpose of assisting a delivery seller to
violate, or otherwise evading compliance with, section 2A.
``(B) Other limitations.--No common carrier or independent
delivery service shall be subject to civil penalties under
paragraph (1) for a violation of section 2A(e) if--
``(i) the common carrier or independent delivery service
has implemented and enforces effective policies and practices
for complying with that section; or
``(ii) an employee of the common carrier or independent
delivery service who physically receives and processes
orders, picks up packages, processes packages, or makes
deliveries, takes actions that are outside the scope of
employment of the employee in the course of the violation, or
that violate the implemented and enforced policies of the
common carrier or independent delivery service described in
clause (i).''.
(e) Enforcement.--The Jenkins Act is amended by striking
section 4 and inserting the following:
``SEC. 4. ENFORCEMENT.
``(a) In General.--The United States district courts shall
have jurisdiction to prevent and restrain violations of this
Act and to provide other appropriate injunctive or equitable
relief, including money damages, for such violations.
``(b) Authority of the Attorney General.--The Attorney
General of the United States shall administer and enforce the
provisions of this Act.
``(c) State, Local, and Tribal Enforcement.--
``(1) In general.--
``(A) Standing.--A State, through its attorney general (or
a designee thereof), or a local government or Indian tribe
that levies a tax subject to section 2A(a)(3), through its
chief law enforcement officer (or a designee thereof), may
bring an action in a United States district court to prevent
and restrain violations of this Act by any person (or by any
person controlling such person) or to obtain any other
appropriate relief from any person (or from any person
controlling such person) for violations of this Act,
including civil penalties, money damages, and injunctive or
other equitable relief.
``(B) Sovereign immunity.--Nothing in this Act shall be
deemed to abrogate or constitute a waiver of any sovereign
immunity of a State or local government or Indian tribe
against any unconsented lawsuit under this Act, or otherwise
to restrict, expand, or modify any sovereign immunity of a
State or local government or Indian tribe.
``(2) Provision of information.--A State, through its
attorney general, or a local government or Indian tribe that
levies a tax subject to section 2A(a)(3), through its chief
law enforcement officer (or a designee thereof), may provide
evidence of a violation of this Act by any person not subject
to State, local, or tribal government enforcement actions for
violations of this Act to the Attorney General of the United
States or a United States attorney, who shall take
appropriate actions to enforce the provisions of this Act.
``(3) Use of penalties collected.--
``(A) In general.--There is established a separate account
in the Treasury known as the `PACT Anti-Trafficking Fund'.
Notwithstanding any other provision of law and subject to
subparagraph (B), an amount equal to 50 percent of any
criminal and civil penalties collected by the United States
Government in enforcing the provisions of this Act shall be
transferred into the PACT Anti-Trafficking Fund and shall be
available to the Attorney General of the United States for
purposes of enforcing the provisions of this Act and other
laws relating to contraband tobacco products.
``(B) Allocation of funds.--Of the amount available to the
Attorney General under subparagraph (A), not less than 50
percent shall be made available only to the agencies and
offices within the Department of Justice that were
responsible for the enforcement actions in which the
penalties concerned were imposed or for any underlying
investigations.
``(4) Nonexclusivity of remedy.--
``(A) In general.--The remedies available under this
section and section 3 are in addition to any other remedies
available under Federal, State, local, tribal, or other law.
``(B) State court proceedings.--Nothing in this Act shall
be construed to expand, restrict, or otherwise modify any
right of an authorized State official to proceed in State
court, or take other enforcement actions, on the basis of an
alleged violation of State or other law.
``(C) Tribal court proceedings.--Nothing in this Act shall
be construed to expand, restrict, or otherwise modify any
right of an authorized Indian tribal government official to
proceed in tribal court, or take other enforcement actions,
on the basis of an alleged violation of tribal law.
``(D) Local government enforcement.--Nothing in this Act
shall be construed to expand, restrict, or otherwise modify
any right of an authorized local government official to
proceed in State court, or take other enforcement actions, on
the basis of an alleged violation of local or other law.
``(d) Persons Dealing in Tobacco Products.--Any person who
holds a permit under section 5712 of the Internal Revenue
Code of 1986 (regarding permitting of manufacturers and
importers of tobacco products and export warehouse
proprietors) may bring an action in a United States district
court to prevent and restrain violations of this Act by any
person (or by any person controlling such person) other than
a State, local, or tribal government.
``(e) Notice.--
``(1) Persons dealing in tobacco products.--Any person who
commences a civil action under subsection (d) shall inform
the Attorney General of the United States of the action.
``(2) State, local, and tribal actions.--It is the sense of
Congress that the attorney general of any State, or chief law
enforcement officer of any locality or tribe, that commences
a civil action under this section should inform the Attorney
General of the United States of the action.
``(f) Public Notice.--
``(1) In general.--The Attorney General of the United
States shall make available to the public, by posting such
information on the Internet and by other appropriate means,
information regarding all enforcement actions undertaken by
the Attorney General or United States attorneys, or reported
to the Attorney General, under this section, including
information regarding the resolution of such actions and how
the Attorney General and the United States attorney have
responded to referrals of evidence of violations pursuant to
subsection (c)(2).
``(2) Reports to congress.--The Attorney General shall
submit to Congress each year a report containing the
information described in paragraph (1).''.
SEC. 3. TREATMENT OF CIGARETTES AND SMOKELESS TOBACCO AS
NONMAILABLE MATTER.
Section 1716 of title 18, United States Code, is amended--
(1) by redesignating subsections (j) and (k) as subsections
(k) and (l), respectively; and
(2) by inserting after subsection (i) the following:
``(j) Tobacco Products.--
``(1) Prohibition.--
``(A) In general.--Except as provided in subparagraphs (C)
and (D), all cigarettes (as that term is defined in section
1(2) of the Act of October 19, 1949 (15 U.S.C. 375; commonly
referred to as the `Jenkins Act')) and smokeless tobacco (as
that term is defined in section 1(12) of that Act), are
nonmailable and
[[Page S4168]]
shall not be deposited in or carried through the mails. The
United States Postal Service shall not accept for delivery or
transmit through the mails any package that it knows or has
reasonable cause to believe contains any cigarettes or
smokeless tobacco made nonmailable by this subsection.
``(B) Reasonable cause to believe.--For purposes of this
section, notification to the United States Postal Service by
the Attorney General, a United States attorney, or a State
Attorney General that an individual or entity is primarily
engaged in the business of transmitting cigarettes or
smokeless tobacco made nonmailable by this section shall
constitute reasonable cause to believe that any packages
presented to the United States Postal Service by such
individual or entity contain nonmailable cigarettes or
smokeless tobacco.
``(C) Cigars.--Subparagraph (A) shall not apply to cigars
(as that term is defined in section 5702(a) of the Internal
Revenue Code of 1986).
``(D) Geographic exception.--Subparagraph (A) shall not
apply to mailings within or into any State that is not
contiguous with at least 1 other State of the United States.
For purposes of this paragraph, `State' means any of the 50
States or the District of Columbia.
``(2) Packaging exceptions inapplicable.--Subsection (b)
shall not apply to any tobacco product made nonmailable by
this subsection.
``(3) Seizure and forfeiture.--Any cigarettes or smokeless
tobacco made nonmailable by this subsection that are
deposited in the mails shall be subject to seizure and
forfeiture, and any tobacco products so seized and forfeited
shall either be destroyed or retained by Government officials
for the detection or prosecution of crimes or related
investigations and then destroyed.
``(4) Additional penalties.--In addition to any other fines
and penalties imposed by this chapter for violations of this
section, any person violating this subsection shall be
subject to an additional penalty in the amount of 10 times
the retail value of the nonmailable cigarettes or smokeless
tobacco, including all Federal, State, and local taxes.
``(5) Use of penalties.--There is established a separate
account in the Treasury known as the `PACT Postal Service
Fund'. Notwithstanding any other provision of law, an amount
equal to 50 percent of any criminal and civil fines or
monetary penalties collected by the United States Government
in enforcing the provisions of this subsection shall be
transferred into the PACT Postal Service Fund and shall be
available to the Postmaster General for the purpose of
enforcing the provisions of this subsection.''.
SEC. 4. COMPLIANCE WITH MODEL STATUTE OR QUALIFYING STATUTE.
(a) In General.--A Tobacco Product Manufacturer or importer
may not sell in, deliver to, or place for delivery sale, or
cause to be sold in, delivered to, or placed for delivery
sale in a State that is a party to the Master Settlement
Agreement, any cigarette manufactured by a Tobacco Product
Manufacturer that is not in full compliance with the terms of
the Model Statute or Qualifying Statute enacted by such State
requiring funds to be placed into a qualified escrow account
under specified conditions, or any regulations promulgated
pursuant to such statute.
(b) Jurisdiction To Prevent and Restrain Violations.--
(1) In general.--The United States district courts shall
have jurisdiction to prevent and restrain violations of
subsection (a) in accordance with this subsection.
(2) Initiation of action.--A State, through its attorney
general, may bring an action in the United States district
courts to prevent and restrain violations of subsection (a)
by any person (or by any person controlling such person).
(3) Attorney fees.--In any action under paragraph (2), a
State, through its attorney general, shall be entitled to
reasonable attorney fees from a person found to have
willfully and knowingly violated subsection (a).
(4) Nonexclusivity of remedies.--The remedy available under
paragraph (2) is in addition to any other remedies available
under Federal, State, or other law. No provision of this Act
or any other Federal law shall be held or construed to
prohibit or preempt the Master Settlement Agreement, the
Model Statute (as defined in the Master Settlement
Agreement), any legislation amending or complementary to the
Model Statute in effect as of June 1, 2006, or any
legislation substantially similar to such existing, amending,
or complementary legislation hereinafter enacted.
(5) Other enforcement actions.--Nothing in this subsection
shall be construed to prohibit an authorized State official
from proceeding in State court or taking other enforcement
actions on the basis of an alleged violation of State or
other law.
(6) Authority of the attorney general.--The Attorney
General of the United States may administer and enforce
subsection (a).
(c) Definitions.--In this section the following definitions
apply:
(1) Delivery sale.--The term ``delivery sale'' means any
sale of cigarettes or smokeless tobacco to a consumer if--
(A) the consumer submits the order for such sale by means
of a telephone or other method of voice transmission, the
mails, or the Internet or other online service, or the seller
is otherwise not in the physical presence of the buyer when
the request for purchase or order is made; or
(B) the cigarettes or smokeless tobacco are delivered by
use of a common carrier, private delivery service, or the
mails, or the seller is not in the physical presence of the
buyer when the buyer obtains possession of the cigarettes or
smokeless tobacco.
(2) Importer.--The term ``importer'' means each of the
following:
(A) Shipping or consigning.--Any person in the United
States to whom nontaxpaid tobacco products manufactured in a
foreign country, Puerto Rico, the Virgin Islands, or a
possession of the United States are shipped or consigned.
(B) Manufacturing warehouses.--Any person who removes
cigars or cigarettes for sale or consumption in the United
States from a customs-bonded manufacturing warehouse.
(C) Unlawful importing.--Any person who smuggles or
otherwise unlawfully brings tobacco products into the United
States.
(3) Master settlement agreement.--The term ``Master
Settlement Agreement'' means the agreement executed November
23, 1998, between the attorneys general of 46 States, the
District of Columbia, the Commonwealth of Puerto Rico, and 4
territories of the United States and certain tobacco
manufacturers.
(4) Model statute; qualifying statute.--The terms ``Model
Statute'' and ``Qualifying Statute'' means a statute as
defined in section IX(d)(2)(e) of the Master Settlement
Agreement.
(5) Tobacco product manufacturer.--The term ``Tobacco
Product Manufacturer'' has the meaning given that term in
section II(uu) of the Master Settlement Agreement.
SEC. 5. INSPECTION BY BUREAU OF ALCOHOL, TOBACCO, FIREARMS,
AND EXPLOSIVES OF RECORDS OF CERTAIN CIGARETTE
AND SMOKELESS TOBACCO SELLERS.
(a) In General.--Any officer of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives may, during normal business
hours, enter the premises of any person described in
subsection (b) for the purposes of inspecting--
(1) any records or information required to be maintained by
such person under the provisions of law referred to in
subsection (d); or
(2) any cigarettes or smokeless tobacco kept or stored by
such person at such premises.
(b) Covered Persons.--Subsection (a) applies to any person
who engages in a delivery sale, and who ships, sells,
distributes, or receives any quantity in excess of 10,000
cigarettes, or any quantity in excess of 500 single-unit
consumer-sized cans or packages of smokeless tobacco, within
a single month.
(c) Relief.--
(1) In general.--The district courts of the United States
shall have the authority in a civil action under this
subsection to compel inspections authorized by subsection
(a).
(2) Violations.--Whoever violates subsection (a) or an
order issued pursuant to paragraph (1) shall be subject to a
civil penalty in an amount not to exceed $10,000 for each
violation.
(d) Covered Provisions of Law.--The provisions of law
referred to in this subsection are--
(1) the Act of October 19, 1949 (15 U.S.C. 375; commonly
referred to as the ``Jenkins Act'');
(2) chapter 114 of title 18, United States Code; and
(3) this Act.
(e) Delivery Sale Defined.--In this section, the term
``delivery sale'' has the meaning given that term in 2343(e)
of title 18, United States Code, as amended by this Act.
SEC. 6. EXCLUSIONS REGARDING INDIAN TRIBES AND TRIBAL
MATTERS.
(a) In General.--Nothing in this Act or the amendments made
by this Act is intended nor shall be construed to affect,
amend, or modify--
(1) any agreements, compacts, or other intergovernmental
arrangements between any State or local government and any
government of an Indian tribe (as that term is defined in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)) relating to the collection
of taxes on cigarettes or smokeless tobacco sold in Indian
country (as that term is defined in section 1151 of title 18,
United States Code);
(2) any State laws that authorize or otherwise pertain to
any such intergovernmental arrangements or create special
rules or procedures for the collection of State, local, or
tribal taxes on cigarettes or smokeless tobacco sold in
Indian country;
(3) any limitations under existing Federal law, including
Federal common law and treaties, on State, local, and tribal
tax and regulatory authority with respect to the sale, use,
or distribution of cigarettes and smokeless tobacco by or to
Indian tribes or tribal members or in Indian country;
(4) any existing Federal law, including Federal common law
and treaties, regarding State jurisdiction, or lack thereof,
over any tribe, tribal members, or tribal reservations; and
(5) any existing State or local government authority to
bring enforcement actions against persons located in Indian
country.
(b) Coordination of Law Enforcement.--Nothing in this Act
or the amendments made by this Act shall be construed to
inhibit or otherwise affect any coordinated law enforcement
effort by 1 or more States or other
[[Page S4169]]
jurisdictions, including Indian tribes, through interstate
compact or otherwise, that--
(1) provides for the administration of tobacco product laws
or laws pertaining to interstate sales or other sales of
tobacco products;
(2) provides for the seizure of tobacco products or other
property related to a violation of such laws; or
(3) establishes cooperative programs for the administration
of such laws.
(c) Treatment of State and Local Governments.--Nothing in
this Act or the amendments made by this Act is intended, and
shall not be construed to, authorize, deputize, or commission
States or local governments as instrumentalities of the
United States.
(d) Enforcement Within Indian Country.--Nothing in this Act
or the amendments made by this Act is intended to prohibit,
limit, or restrict enforcement by the Attorney General of the
United States of the provisions herein within Indian country.
(e) Ambiguity.--Any ambiguity between the language of this
section or its application and any other provision of this
Act shall be resolved in favor of this section.
SEC. 7. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
Act shall take effect on the date that is 90 days after the
date of enactment of this Act.
(b) BATFE Authority.--Section 5 shall take effect on the
date of enactment of this Act.
SEC. 8. SEVERABILITY.
If any provision of this, or an amendment made by this Act
or the application thereof to any person or circumstance is
held invalid, the remainder of the Act and the application of
it to any other person or circumstance shall not be affected
thereby.
______
By Mr. KOHL:
S. 1029. A bill to amend the Food Security Act of 1985 to provide
incentives to landowners to protect and improve streams and riparian
habitat; to the Committee on Agriculture, Nutrition, and Forestry.
Mr. KOHL. Mr. President, I rise today to offer a bill that amends the
Food Security Act of 1985 to provide incentives for landowners to
protect and improve streams and riparian habitat. This legislation
would provide cost-share payments to landowners who protect and repair
streamside and in-stream habitat, improve water flow and quality and
initiate watershed management and planning.
The Stream Habitat Improvement Program, funded at $60 million
annually, would direct resources to important fish habitat projects.
The fisheries community has recognized the loss of habitat as a major
threat to the health of sport fish populations. Farmers who participate
in the program will make improvements on streams running through their
property. Improvements could include repairing shoreline, removing
barriers to fish passage, and planting trees to shade the water and
strengthen stream banks. Further, existing partnerships, such as the
National Fish Habitat Action Plan, could provide invaluable input to
guide the program.
Healthy fisheries mean healthy communities. The EPA and the Fish and
Wildlife Service have found that 81 percent of all stream fish
communities in the U.S. have been adversely affected by either
pollution or other disturbances. Rivers and streams provide essential
habitat for numerous plant and animal species. Many of these species
are threatened, endangered, or at risk for extinction. Degraded and
altered habitats are the most frequently cited factors contributing to
the decline among threatened or endangered aquatic species and among
many native recreational and non-game fish species.
In Wisconsin alone there are almost 950,000 anglers, and almost half
a million more come from out of State to fish in Wisconsin. Together
these anglers spend $1 billion on fishing-related expenses in our
State. This new program would advance efforts to support stream habitat
restoration more effectively, which in turn will support a thriving
economy and aquatic species populations. Further, healthy stream and
river habitats also play an important role in the Nation's economy.
Each year, about 34 million anglers spend $17 billion directly on
fishing equipment and another $15 billion on trip-related expenses,
food and lodging, and other recreational fishing-related expenses.
Successful management of stream and river habitat requires
cooperative partnerships among producers, landowners, as well as
Federal and State agencies. Offering producers and private landowners
incentives and opportunities for restoring stream habitat will prevent
the decline and listing of aquatic species. Building strong
relationships between farm owners, private landowners and the angler
community ensures that healthy fisheries will be maintained for future
generations to enjoy.
______
By Mr. LIEBERMAN (for himself and Mr. Brownback):
S. 1033. A bill to assist in the conservation of rare felids and rare
canids by supporting and providing financial resources for the
conservation programs of nations within the range of rare felid and
rare canid populations and projects of persons with demonstrated
expertise in the conservation of rare felid and rare canid populations;
to the Committee on Environment and Public Works.
Mr. LIEBERMAN. Mr. President, today, along with my friend Senator Sam
Brownback, I am introducing the Great Cats and Rare Canids Act, which
will protect and foster populations of imperiled great cats and rare
canines outside of North America.
These species, including the cheetah and the Asiatic wild dog, are
threatened by habitat loss, poaching, disease, and pollution. The
conservation fund established by the bill we are introducing today
would sustain current conservation efforts and expand strategic
measures to restore imperiled populations.
The struggle of the African wild dog is one example of the plight
these large carnivores face. The less than 2,500 adults that remain not
only have to combat the widespread misconception that they are
livestock killers, but are extremely susceptible to those diseases
common in domesticated animals. They have lost 89 percent of their
habitat and are now found in only 14 of the 39 countries that comprise
their historic range.
The snow leopard is another example. Like all great cats, the snow
leopard needs a large tract of uninterrupted land in which to live, but
the snow leopard's habitat in China has been fragmented due to human
encroachment. The cats are also under extreme poaching pressures as
their fur is sold on the black market.
The bill we are introducing today would help protect these predators
at the top of the food chain. Our legislation is modeled after the
highly successful Multinational Species Conservation Funds, which
conserve rhinos, great apes, Asian elephants, African elephants, and
marine turtles. Our bill would authorize $5 million in annual spending
for the conservation of more than a dozen species of great cats and
rare canines.
I do not think our children and grandchildren will forgive us if we
stand by and let these magnificent animals drift into extinction. With
a relatively small investment, we can invigorate ongoing conservation
efforts around the world.
______
By Mr. DURBIN (for himself and Mr. Grassley):
S. 1035. A bill to amend the Immigration and Nationality Act to
reduce fraud and abuse in certain visa programs for aliens working
temporarily in the United States; to the Committee on the Judiciary.
Mr. DURBIN. 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. 1035
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``H-1B and
L-1 Visa Fraud and Abuse Prevention Act of 2007''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. H-1B employer requirements.
Sec. 3. H-1B government authority and requirements.
Sec. 4. L-1 visa fraud and abuse protections.
Sec. 5. Whistleblower protections.
Sec. 6. Additional Department of Labor employees.
SEC. 2. H-1B EMPLOYER REQUIREMENTS.
(a) Application of Nondisplacement and Good Faith
Recruitment Requirements to All H-1B Employers.--
(1) Amendments.--Section 212(n) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)) is amended--
[[Page S4170]]
(A) in paragraph (1)--
(i) in subparagraph (E)
(I) in clause (i), by striking ``(E)(i) In the case of an
application described in clause (ii), the'' and inserting
``(E) The''; and
(II) by striking clause (ii);
(ii) in subparagraph (F), by striking ``In the case of''
and all that follows through ``where--'' and inserting the
following: ``The employer will not place the nonimmigrant
with another employer if--''; and
(iii) in subparagraph (G), by striking ``In the case of an
application described in subparagraph (E)(ii), subject'' and
inserting ``Subject'';
(B) in paragraph (2)--
(i) in subparagraph (E), by striking ``If an H-1B-dependent
employer'' and inserting ``If an employer that employs H-1B
nonimmigrants''; and
(ii) in subparagraph (F), by striking ``The preceding
sentence shall apply to an employer regardless of whether or
not the employer is an H-1B-dependent employer.''; and
(C) by striking paragraph (3).
(2) Effective date.--The amendments made by paragraph (1)
shall apply to applications filed on or after the date of the
enactment of this Act.
(b) Nondisplacement Requirement.--
(1) Extending time period for nondisplacement.--Section
212(n) of such Act, as amended by subsection (a), is further
amended--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking ``90 days'' each place
it appears and inserting ``180 days'';
(ii) in subparagraph (F)(ii), by striking ``90 days'' each
place it appears and inserting ``180 days''; and
(B) in paragraph (2)(C)(iii), by striking ``90 days'' each
place it appears and inserting ``180 days''.
(2) Effective date.--The amendments made by paragraph (1)--
(A) shall apply to applications filed on or after the date
of the enactment of this Act; and
(B) shall not apply to displacements for periods occurring
more than 90 days before such date.
(c) Public Listing of Available Positions.--
(1) Listing of available positions.--Section 212(n)(1)(C)
of such Act is amended--
(A) in clause (i), by striking ``(i) has provided'' and
inserting the following:
``(ii)(I) has provided'';
(B) by redesignating clause (ii) as subclause (II); and
(C) by inserting before clause (ii), as redesignated, the
following:
``(i) has advertised the job availability on the list
described in paragraph (6), for at least 30 calendar days;
and''.
(2) List maintained by the department of labor.--Section
212(n) of such Act, as amended by this section, is further
amended by adding at the end the following:
``(6)(A) Not later than 90 days after the date of the
enactment of this paragraph, the Secretary of Labor shall
establish a list of available jobs, which shall be publicly
accessible without charge--
``(i) on a website maintained by the Department of Labor,
which website shall be searchable by--
``(I) the name, city, State, and zip code of the employer;
``(II) the date on which the job is expected to begin;
``(III) the title and description of the job; and
``(IV) the State and city (or county) at which the work
will be performed; and
``(ii) at each 1-stop center created under the Workforce
Investment Act of 1998 (Public Law 105-220).
``(B) Each available job advertised on the list shall
include--
``(i) the employer's full legal name;
``(ii) the address of the employer's principal place of
business;
``(iii) the employer's city, State and zip code;
``(iv) the employer's Federal Employer Identification
Number;
``(v) the phone number, including area code and extension,
as appropriate, of the hiring official or other designated
official of the employer;
``(vi) the e-mail address, if available, of the hiring
official or other designated official of the employer;
``(vii) the wage rate to be paid for the position and, if
the wage rate in the offer is expressed as a range, the
bottom of the wage range;
``(viii) whether the rate of pay is expressed on an annual,
monthly, biweekly, weekly, or hourly basis;
``(ix) a statement of the expected hours per week that the
job will require;
``(x) the date on which the job is expected to begin;
``(xi) the date on which the job is expected to end, if
applicable;
``(xii) the number of persons expected to be employed for
the job;
``(xiii) the job title;
``(xiv) the job description
``(xv) the city and State of the physical location at which
the work will be performed; and
``(xvi) a description of a process by which a United States
worker may submit an application to be considered for the
job.
``(C) The Secretary of Labor may charge a nominal filing
fee to employers who advertise available jobs on the list
established under this paragraph to cover expenses for
establishing and administering the requirements under this
paragraph.
``(D) The Secretary may promulgate rules, after notice and
a period for comment--
``(i) to carry out the requirements of this paragraph; and
``(ii) that require employers to provide other information
in order to advertise available jobs on the list.''.
(3) Effective date.--Paragraph (1) shall take effect for
applications filed at least 30 days after the creation of the
list described in paragraph (2).
(d) H-1B Nonimmigrants Not Admitted for Jobs Advertised or
Offered Only to H-1B Nonimmigrants.--Section 212(n)(1) of
such Act, as amended by this section, is further amended--
(1) by inserting after subparagraph (G) the following:
``(H)(i) The employer has not advertised the available jobs
specified in the application in an advertisement that states
or indicates that--
``(I) the job or jobs are only available to persons who are
or who may become H-1B nonimmigrants; or
``(II) persons who are or who may become H-1B nonimmigrants
shall receive priority or a preference in the hiring process.
``(ii) The employer has not only recruited persons who are,
or who may become, H-1B nonimmigrants to fill the job or
jobs.''; and
(2) in the undesignated paragraph at the end, by striking
``The employer'' and inserting the following:
``(K) The employer''.
(e) Prohibition of Outplacement.--
(1) In general.--Section 212(n) of such Act, as amended by
this section, is further amended--
(A) in paragraph (1), by amending subparagraph (F) to read
as follows:
``(F) The employer shall not place, outsource, lease, or
otherwise contract for the placement of an alien admitted or
provided status as an H-1B nonimmigrant with another
employer;'' and
(B) in paragraph (2), by striking subparagraph (E).
(2) Effective date.--The amendments made by paragraph (1)
shall apply to applications filed on or after the date of the
enactment of this Act.
(f) Limit on Percentage of H-1B Employees.--Section
212(n)(1) of such Act, as amended by this section, is further
amended by inserting after subparagraph (H), as added by
subsection (d)(1), the following:
``(I) If the employer employs not less than 50 employees in
the United States, not more than 50 percent of such employees
are H-1B nonimmigrants.''.
(g) Wage Determination.--
(1) Change in minimum wages.--Section 212(n)(1) of such
Act, as amended by this section, is further amended--
(A) by amending subparagraph (A) to read as follows:
``(A) The employer--
``(i) is offering and will offer, during the period of
authorized employment, to aliens admitted or provided status
as an H-1B nonimmigrant, wages, based on the best information
available at the time the application is filed, which are not
less than the highest of--
``(I) the locally determined prevailing wage level for the
occupational classification in the area of employment;
``(II) the median average wage for all workers in the
occupational classification in the area of employment; or
``(III) the median wage for skill level 2 in the
occupational classification found in the most recent
Occupational Employment Statistics survey; and
``(ii) will provide working conditions for such a
nonimmigrant that will not adversely affect the working
conditions of workers similarly employed.''; and
(B) in subparagraph (D), by inserting ``the wage
determination methodology used under subparagraph (A)(i),''
after ``shall contain''.
(2) Provision of w-2 forms.--Section 212(n)(1) of such Act
is amended by inserting after subparagraph (I), as added by
subsection (f), the following:
``(J) If the employer, in such previous period as the
Secretary shall specify, employed 1 or more H-1B
nonimmigrants, the employer shall submit to the Secretary the
Internal Revenue Service Form W-2 Wage and Tax Statement
filed by the employer with respect to such nonimmigrants for
such period.''.
(3) Effective date.--The amendments made by this subsection
shall apply to applications filed on or after the date of the
enactment of this Act.
(h) Immigration Documents.--Section 204 of such Act (8
U.S.C. 1154) is amended by adding at the end the following:
``(l) Employer To Share All Immigration Paperwork Exchanged
With Federal Agencies.--Not later than 10 working days after
receiving a written request from a former, current, or future
employee or beneficiary, an employer shall provide the
employee or beneficiary with the original (or a certified
copy of the original) of all petitions, notices, and other
written communication exchanged between the employer and the
Department of Labor, the Department of Homeland Security, or
any other Federal agency that is related to an immigrant or
nonimmigrant petition filed by the employer for the employee
or beneficiary.''.
[[Page S4171]]
SEC. 3. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.
(a) Safeguards Against Fraud and Misrepresentation in
Application Review Process.--Section 212(n)(1)(K) of the
Immigration and Nationality Act, as redesignated by section
2(d)(2), is amended--
(1) by inserting ``and through the Department of Labor's
website, without charge.'' after ``D.C.'';
(2) by inserting ``, clear indicators of fraud,
misrepresentation of material fact,'' after ``completeness'';
(3) by striking ``or obviously inaccurate'' and inserting
``, presents clear indicators of fraud or misrepresentation
of material fact, or is obviously inaccurate'';
(4) by striking ``within 7 days of'' and inserting ``not
later than 14 days after''; and
(5) by adding at the end the following: ``If the
Secretary's review of an application identifies clear
indicators of fraud or misrepresentation of material fact,
the Secretary may conduct an investigation and hearing under
paragraph (2).
(b) Investigations by Department of Labor.--Section
212(n)(2) of such Act is amended--
(1) in subparagraph (A)--
(A) by striking ``12 months'' and inserting ``24 months'';
and
(B) by striking ``The Secretary shall conduct'' and all
that follows and inserting ``Upon the receipt of such a
complaint, the Secretary may initiate an investigation to
determine if such a failure or misrepresentation has
occurred.'';
(2) in subparagraph (C)(i)--
(A) by striking ``a condition of paragraph (1)(B), (1)(E),
or (1)(F)'' and inserting ``a condition under subparagraph
(B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)'';
and
(B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)'';
(3) in subparagraph (G)--
(A) in clause (i), by striking ``if the Secretary'' and all
that follows and inserting ``with regard to the employer's
compliance with the requirements of this subsection.'';
(B) in clause (ii), by striking ``and whose identity'' and
all that follows through ``failure or failures.'' and
inserting ``the Secretary of Labor may conduct an
investigation into the employer's compliance with the
requirements of this subsection.'';
(C) in clause (iii), by striking the last sentence;
(D) by striking clauses (iv) and (v);
(E) by redesignating clauses (vi), (vii), and (viii) as
clauses (iv), (v), and (vi), respectively;
(F) in clause (iv), as redesignated, by striking ``meet a
condition described in clause (ii), unless the Secretary of
Labor receives the information not later than 12 months'' and
inserting ``comply with the requirements under this
subsection, unless the Secretary of Labor receives the
information not later than 24 months'';
(G) by amending clause (v), as redesignated, to read as
follows:
``(v) The Secretary of Labor shall provide notice to an
employer of the intent to conduct an investigation. The
notice shall be provided in such a manner, and shall contain
sufficient detail, to permit the employer to respond to the
allegations before an investigation is commenced. The
Secretary is not required to comply with this clause if the
Secretary determines that such compliance would interfere
with an effort by the Secretary to investigate or secure
compliance by the employer with the requirements of this
subsection. A determination by the Secretary under this
clause shall not be subject to judicial review.''.
(H) in clause (vi), as redesignated, by striking ``An
investigation'' and all that follows through ``the
determination.'' and inserting ``If the Secretary of Labor,
after an investigation under clause (i) or (ii), determines
that a reasonable basis exists to make a finding that the
employer has failed to comply with the requirements under
this subsection, the Secretary shall provide interested
parties with notice of such determination and an opportunity
for a hearing in accordance with section 556 of title 5,
United States Code, not later than 120 days after the date of
such determination.''; and
(I) by adding at the end the following:
``(vii) If the Secretary of Labor, after a hearing, finds a
reasonable basis to believe that the employer has violated
the requirements under this subsection, the Secretary may
impose a penalty under subparagraph (C).''; and
(4) by striking subparagraph (H).
(c) Information Sharing Between Department of Labor and
Department of Homeland Security.--Section 212(n)(2) of such
Act, as amended by this section, is further amended by
inserting after subparagraph (G) the following:
``(H) The Director of United States Citizenship and
Immigration Services shall provide the Secretary of Labor
with any information contained in the materials submitted by
H-1B employers as part of the adjudication process that
indicates that the employer is not complying with H-1B visa
program requirements. The Secretary may initiate and conduct
an investigation and hearing under this paragraph after
receiving information of noncompliance under this
subparagraph.''.
(d) Audits.--Section 212(n)(2)(A) of such Act, as amended
by this section, is further amended by adding at the end the
following: ``The Secretary may conduct surveys of the degree
to which employers comply with the requirements under this
subsection and may conduct annual compliance audits of
employers that employ H-1B nonimmigrants. The Secretary shall
conduct annual compliance audits of not less than 1 percent
of the employers that employ H-1B nonimmigrants during the
applicable calendar year. The Secretary shall conduct annual
compliance audits of each employer with more than 100
employees who work in the United States if more than 15
percent of such employees are H-1B nonimmigrants.''.
(e) Penalties.--Section 212(n)(2)(C) of such Act, as
amended by this section, is further amended--
(1) in clause (i)(I), by striking ``$1,000'' and inserting
``$2,000'';
(2) in clause (ii)(I), by striking ``$5,000'' and inserting
``$10,000''; and
(3) in clause (vi)(III), by striking ``$1,000'' and
inserting ``$2,000''.
(f) Information Provided to H-1B Nonimmigrants Upon Visa
Issuance.--Section 212(n) of such Act, as amended by this
section, is further amended by inserting after paragraph (2)
the following:
``(3)(A) Upon issuing an H-1B visa to an applicant outside
the United States, the issuing office shall provide the
applicant with--
``(i) a brochure outlining the employer's obligations and
the employee's rights under Federal law, including labor and
wage protections;
``(ii) the contact information for Federal agencies that
can offer more information or assistance in clarifying
employer obligations and workers' rights; and
``(iii) a copy of the employer's H-1B application for the
position that the H-1B nonimmigrant has been issued the visa
to fill.
``(B) Upon the issuance of an H-1B visa to an alien inside
the United States, the officer of the Department of Homeland
Security shall provide the applicant with--
``(i) a brochure outlining the employer's obligations and
the employee's rights under Federal law, including labor and
wage protections;
``(ii) the contact information for Federal agencies that
can offer more information or assistance in clarifying
employer's obligations and workers' rights; and
``(iii) a copy of the employer's H-1B application for the
position that the H-1B nonimmigrant has been issued the visa
to fill.''.
SEC. 4. L-1 VISA FRAUD AND ABUSE PROTECTIONS.
(a) In General.--Section 214(c)(2) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (E), by striking ``In the case of an
alien spouse admitted under section 101(a)(15)(L), who'' and
inserting ``Except as provided in subparagraph (H), if an
alien spouse admitted under section 101(a)(15)(L)''; and
(3) by adding at the end the following:
``(G)(i) If the beneficiary of a petition under this
subsection is coming to the United States to open, or be
employed in, a new facility, the petition may be approved for
up to 12 months only if the employer operating the new
facility has--
``(I) a business plan;
``(II) sufficient physical premises to carry out the
proposed business activities; and
``(III) the financial ability to commence doing business
immediately upon the approval of the petition.
``(ii) An extension of the approval period under clause (i)
may not be granted until the importing employer submits an
application to the Secretary of Homeland Security that
contains--
``(I) evidence that the importing employer meets the
requirements of this subsection;
``(II) evidence that the beneficiary meets the requirements
under section 101(a)(15)(L);
``(III) a statement summarizing the original petition;
``(IV) evidence that the importing employer has fully
complied with the business plan submitted under clause
(i)(I);
``(V) evidence of the truthfulness of any representations
made in connection with the filing of the original petition;
``(VI) evidence that the importing employer, during the
preceding 12 months, has been doing business at the new
facility through regular, systematic, and continuous
provision of goods or services, or has otherwise been taking
commercially reasonable steps to establish the new facility
as a commercial enterprise;
``(VII) a statement of the duties the beneficiary has
performed at the new facility during the preceding 12 months
and the duties the beneficiary will perform at the new
facility during the extension period approved under this
clause;
``(VIII) a statement describing the staffing at the new
facility, including the number of employees and the types of
positions held by such employees;
``(IX) evidence of wages paid to employees;
``(X) evidence of the financial status of the new facility;
and
``(XI) any other evidence or data prescribed by the
Secretary.
``(iii) Notwithstanding subclauses (I) through (VI) of
clause (ii), and subject to the maximum period of authorized
admission set forth in subparagraph (D), the Secretary of
Homeland Security may approve a petition subsequently filed
on behalf of the beneficiary to continue employment at the
facility described in this subsection for a period beyond the
initially granted 12-month period if the importing employer
demonstrates that the failure to satisfy any of the
requirements described in those subclauses was directly
[[Page S4172]]
caused by extraordinary circumstances beyond the control of
the importing employer.
``(iv) For purposes of determining the eligibility of an
alien for classification under section 101(a)(15)(L), the
Secretary of Homeland Security shall work cooperatively with
the Secretary of State to verify a company or facility's
existence in the United States and abroad.''.
(b) Restriction on Blanket Petitions.--Section 214(c)(2)(A)
of such Act is amended to read as follows:
``(2)(A) The Secretary of Homeland Security may not permit
the use of blanket petitions to import aliens as
nonimmigrants under section 101(a)(15)(L).''.
(c) Prohibition on Outplacement.--Section 214(c)(2) of such
Act, as amended by this section, is further amended by adding
at the end the following:
``(H) An employer who imports 1 or more aliens as
nonimmigrants described in section 101(a)(15)(L) shall not
place, outsource, lease, or otherwise contract for the
placement of an alien admitted or provided status as an L-1
nonimmigrant with another employer.''.
(d) Investigations and Audits by Department of Homeland
Security.--
(1) Department of homeland security investigations.--
Section 214(c)(2) of such Act, as amended by this section, is
further amended by adding at the end the following:
``(I)(i) The Secretary of Homeland Security may initiate an
investigation of any employer that employs nonimmigrants
described in section 101(a)(15)(L) with regard to the
employer's compliance with the requirements of this
subsection.
``(ii) If the Secretary of Homeland Security receives
specific credible information from a source who is likely to
have knowledge of an employer's practices, employment
conditions, or compliance with the requirements under this
subsection, the Secretary may conduct an investigation into
the employer's compliance with the requirements of this
subsection. The Secretary may withhold the identity of the
source from the employer, and the source's identity shall not
be subject to disclosure under section 552 of title 5.
``(iii) The Secretary of Homeland Security shall establish
a procedure for any person desiring to provide to the
Secretary of Homeland Security information described in
clause (ii) that may be used, in whole or in part, as the
basis for the commencement of an investigation described in
such clause, to provide the information in writing on a form
developed and provided by the Secretary of Homeland Security
and completed by or on behalf of the person.
``(iv) No investigation described in clause (ii) (or
hearing described in clause (vi) based on such investigation)
may be conducted with respect to information about a failure
to comply with the requirements under this subsection, unless
the Secretary of Homeland Security receives the information
not later than 24 months after the date of the alleged
failure.
``(v) Before commencing an investigation of an employer
under clause (i) or (ii), the Secretary of Homeland Security
shall provide notice to the employer of the intent to conduct
such investigation. The notice shall be provided in such a
manner, and shall contain sufficient detail, to permit the
employer to respond to the allegations before an
investigation is commenced. The Secretary is not required to
comply with this clause if the Secretary determines that to
do so would interfere with an effort by the Secretary to
investigate or secure compliance by the employer with the
requirements of this subsection. There shall be no judicial
review of a determination by the Secretary under this clause.
``(vi) If the Secretary of Homeland Security, after an
investigation under clause (i) or (ii), determines that a
reasonable basis exists to make a finding that the employer
has failed to comply with the requirements under this
subsection, the Secretary shall provide interested parties
with notice of such determination and an opportunity for a
hearing in accordance with section 556 of title 5, United
States Code, not later than 120 days after the date of such
determination. If such a hearing is requested, the Secretary
shall make a finding concerning the matter by not later than
120 days after the date of the hearing.
``(vii) If the Secretary of Homeland Security, after a
hearing, finds a reasonable basis to believe that the
employer has violated the requirements under this subsection,
the Secretary may impose a penalty under section
214(c)(2)(J).''.
(2) Audits.--Section 214(c)(2)(I) of such Act, as added by
paragraph (1), is amended by adding at the end the following:
``(viii) The Secretary of Homeland Security may conduct
surveys of the degree to which employers comply with the
requirements under this section and may conduct annual
compliance audits of employers that employ H-1B
nonimmigrants. The Secretary shall conduct annual compliance
audits of not less than 1 percent of the employers that
employ nonimmigrants described in section 101(a)(15)(L)
during the applicable calendar year. The Secretary shall
conduct annual compliance audits of each employer with more
than 100 employees who work in the United States if more than
15 percent of such employees are nonimmigrants described in
section 101(a)(15)(L).''.
(3) Reporting requirement.--Section 214(c)(8) of such Act
is amended by inserting ``(L),'' after ``(H),''.
(e) Penalties.--Section 214(c)(2) of such Act, as amended
by this section, is further amended by adding at the end the
following:
``(J)(i) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a failure by an
employer to meet a condition under subparagraph (F), (G),
(H), (I), or (K) or a misrepresentation of material fact in a
petition to employ 1 or more aliens as nonimmigrants
described in section 101(a)(15)(L)--
``(I) the Secretary of Homeland Security may impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $2,000 per violation) as
the Secretary determines to be appropriate; and
``(II) the Secretary of Homeland Security may not, during a
period of at least 1 year, approve a petition for that
employer to employ 1 or more aliens as such nonimmigrants.
``(ii) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a willful failure by
an employer to meet a condition under subparagraph (F), (G),
(H), (I), or (K) or a misrepresentation of material fact in a
petition to employ 1 or more aliens as nonimmigrants
described in section 101(a)(15)(L)--
``(I) the Secretary of Homeland Security may impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $10,000 per violation)
as the Secretary determines to be appropriate; and
``(II) the Secretary of Homeland Security may not, during a
period of at least 2 years, approve a petition filed for that
employer to employ 1 or more aliens as such nonimmigrants.
``(iii) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a willful failure by
an employer to meet a condition under subparagraph (L)(i)--
``(I) the Secretary of Homeland Security may impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $10,000 per violation)
as the Secretary determines to be appropriate; and
``(II) the employer shall be liable to employees harmed for
lost wages and benefits.''.
(f) Wage Determination.--
(1) Change in minimum wages.--Section 214(c)(2) of such
Act, as amended by this section, is further amended by adding
at the end the following:
``(K)(i) An employer that employs a nonimmigrant described
in section 101(a)(15)(L) shall--
``(I) offer such nonimmigrant, during the period of
authorized employment, wages, based on the best information
available at the time the application is filed, which are not
less than the highest of--
``(aa) the locally determined prevailing wage level for the
occupational classification in the area of employment;
``(bb) the median average wage for all workers in the
occupational classification in the area of employment; or
``(cc) the median wage for skill level 2 in the
occupational classification found in the most recent
Occupational Employment Statistics survey; and
``(II) provide working conditions for such nonimmigrant
that will not adversely affect the working conditions of
workers similarly employed.
``(ii) If an employer, in such previous period specified by
the Secretary of Homeland Security, employed 1 or more L-1
nonimmigrants, the employer shall provide to the Secretary of
Homeland Security the Internal Revenue Service Form W-2 Wage
and Tax Statement filed by the employer with respect to such
nonimmigrants for such period.
``(iii) It is a failure to meet a condition under this
subparagraph for an employer, who has filed a petition to
import 1 or more aliens as nonimmigrants described in section
101(a)(15)(L), to--
``(I) require such a nonimmigrant to pay a penalty for
ceasing employment with the employer before a date mutually
agreed to by the nonimmigrant and the employer; or
``(II) fail to offer to such a nonimmigrant, during the
nonimmigrant's period of authorized employment, on the same
basis, and in accordance with the same criteria, as the
employer offers to United States workers, benefits and
eligibility for benefits, including--
``(aa) the opportunity to participate in health, life,
disability, and other insurance plans;
``(bb) the opportunity to participate in retirement and
savings plans; and
``(cc) cash bonuses and noncash compensation, such as stock
options (whether or not based on performance)).
``(iv) The Secretary of Homeland Security shall determine
whether a required payment under clause (iii)(I) is a penalty
(and not liquidated damages) pursuant to relevant State
law.''.
(2) Effective date.--The amendments made by this subsection
shall apply to applications filed on or after the date of the
enactment of this Act.
SEC. 5. WHISTLEBLOWER PROTECTIONS.
(a) H-1B Whistleblower Protections.--Section
212(n)(2)(C)(iv) of the Immigration and Nationality Act (8
U.S.C. 1182(n)(2)(C)(iv)) is amended--
(1) by inserting ``take, fail to take, or threaten to take
or fail to take, a personnel action, or'' before ``to
intimidate''; and
(2) by adding at the end the following: ``An employer that
violates this clause shall be liable to the employees harmed
by such violation for lost wages and benefits.''.
[[Page S4173]]
(b) L-1 Whistleblower Protections.--Section 214(c)(2) of
such Act, as amended by section 4, is further amended by
adding at the end the following:
``(L)(i) It is a violation of this subparagraph for an
employer who has filed a petition to import 1 or more aliens
as nonimmigrants described in section 101(a)(15)(L) to take,
fail to take, or threaten to take or fail to take, a
personnel action, or to intimidate, threaten, restrain,
coerce, blacklist, discharge, or discriminate in any other
manner against an employee because the employee--
``(I) has disclosed information that the employee
reasonably believes evidences a violation of this subsection,
or any rule or regulation pertaining to this subsection; or
``(II) cooperates or seeks to cooperate with the
requirements of this subsection, or any rule or regulation
pertaining to this subsection.
``(ii) An employer that violates this subparagraph shall be
liable to the employees harmed by such violation for lost
wages and benefits.
``(iii) In this subparagraph, the term `employee'
includes--
``(I) a current employee;
``(II) a former employee; and
``(III) an applicant for employment.''.
SEC. 6. ADDITIONAL DEPARTMENT OF LABOR EMPLOYEES.
(a) In General.--The Secretary of Labor is authorized to
hire 200 additional employees to administer, oversee,
investigate, and enforce programs involving H-1B nonimmigrant
workers.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
______
By Mr. BROWNBACK (for himself, Ms. Landrieu, Mr. Allard, Mr.
Bunning, Mr. Burr, Mr. Chambliss, Mr. Coburn, Mr. Corker, Mr.
Cornyn, Mr. Crapo, Mr. DeMint, Mrs. Dole, Mr. Domenici, Mr.
Ensign, Mr. Enzi, Mr. Graham, Mr. Grassley, Mr. Hagel, Mr.
Inhofe, Mr. Kyl, Mr. Lott, Mr. McCain, Mr. Martinez, Mr.
Sessions, Mr. Thomas, Mr. Thune, Mr. Vitter, and Mr.
Voinovich):
S. 1036. A bill to amend the Public Health Service Act to prohibit
human cloning; to the Committee on Health, Education, Labor, and
Pensions.
Mr. BROWNBACK. Mr. President, I rise to speak on bipartisan
legislation that Senator Landrieu and myself are introducing, the Human
Cloning Prohibition Act. We do this today with 26 other cosponsors. It
is important to talk about this matter as we set up for the bioethical
debate which will be taking place after Easter and discuss some of the
parameters and issues surrounding this topic. We have a continuum of
discussion points, as this body and the rest of the country and,
indeed, the world is engaged on the subject.
There is an ethical way to move forward on stem cell research that is
producing treatments and applications for human maladies, now in over
70 areas. The science continues to grow, and it is promising. I have
held press conferences involving people with spinal cord injuries who
could not walk and are walking again with the aid of braces. I have
hosted people at press conferences who are suffering from congestive
heart failure yet are now able to go up flights of stairs they couldn't
even imagine previously with treatments utilizing their own adult stem
cells. I have visited with cancer patients who have been treated with
cord blood stem cells who are cancer-free now.
We have new discoveries taking place. For example, in the amniotic
fluid surrounding the child in the womb exists an abundant supply of
stem cells that are malleable into many different types of cells. We
just learned about this breakthrough less than 6 months ago, and there
are no ethical problems with it whatsoever. It is a beautiful science
that is developing. In the near future, I believe we are going to see
these adult stem cell advances taking root and moving forward in a
glorious fashion: so that people can literally walk again who were not
able to walk; so that people can literally be cured of heart conditions
who had no cure and were only hoping for the possibility of a
transplant; so that people, instead of having a mechanical bladder
control on their side, are able to have a bladder grown of their own
adult stem cells around a matrix and a frame that can be inserted back
in the body that would be functioning again. The science is beautiful.
The ethical quagmire is significant as well: if we decide the route
to pursue is to clone human beings; if we decide the route to pursue is
to treat some humans as property, as a commodity to be researched and
to be used. Human cloning and treating some humans as property are not
the way to go.
What we are seeing from the clear science that has taken place in the
past and the present is that human embryonic stem cells produce tumors.
This has occurred in cloning situations and in noncloning embryonic
stem cell situations. Embryonic stem cells produce tumors. A tumor in
this situation is a growth of tissue that doesn't fit the intended
purpose. Scientists are experiencing significant problems in this
embryonic area. While we are developing treatments and applications
using adult stem cells, cord blood, and, hopefully in the future,
amniotic fluid, we are not seeing the same success using human
embryonic cells.
The legislation that we put forward today, with 28 sponsors, would
affirm that the United States places tremendous value on the dignity of
each and every human life at whatever stage that life is in, from the
very earliest moments to the very end of life. It would recognize the
dignity of human life in this country and around the world. We don't
want to see people recruiting women in a foreign country to give eggs
on a massive scale for research purposes for the development of human
clones. This legislation affirms that we stand for human dignity, from
the very young human embryo to vulnerable women who could be coerced
into donating eggs at potentially significant health risk to
themselves. The legislation would make clear that the cloning of human
persons is not something that we as a society will accept.
The Brownback-Landrieu Human Cloning Prohibition Act is endorsed by
the President. It will bring the United States into conformity with the
United Nations, whose General Assembly called on all member states ``to
prohibit all forms of human cloning'' by a strong 84-to-34 margin. The
problem with cloning human beings is that it violates the inherent
dignity of a human being on so many levels. Cloning transgresses our
heritage's sacred values about what is good and what is true and what
is beautiful.
Western civilization is built on the tenet that every human life has
immeasurable value at every stage. Human beings are ends in themselves.
It is wrong to use any human purpose as a means to an end. Upon this
principle are our laws founded. Without this principle, much of our law
has little basis. That inherent beauty and dignity of each person at
every phase of life, no matter where they are or who they are, no
matter what they look like, no matter what their physical condition is,
they are beautiful and unique. They are sacred. They are a child of a
loving God, period.
Human cloning for whatever purpose is wrong because it turns humans
into commodities or spare parts or even research animals. In recent
debate, human cloning has been referred to as therapeutic cloning,
research cloning, or simply SCNT, somatic cell nuclear transfer. These
are presented as contrasts to reproductive cloning. But it should be
noted that ``therapeutic,'' ``research,'' and ``reproductive'' are
merely adjectives used to describe what is done with a human clone or
with a cloned human. SCNT is just the scientific description of the
cloning process. It is like calling a butterfly a lepidoptera--it still
is a butterfly.
A CRS report for Congress notes:
[A] human embryo produced via cloning involves the process
called somatic cell nuclear transfer (SCNT). In SCNT the
nucleus of an egg is removed and replaced by the nucleus
from a mature body cell, such as a skin cell. In cloning,
the embryo is created without sexual reproduction.
That is the CRS report definition of a human clone.
Stem cell pioneer Dr. James Thomson has said:
If you create an embryo by [SCNT cloning] and give it to
somebody who didn't know where it came from, there would be
no test you could do to that embryo to say where it came
from. It is what it is. . . .If you try to define it away,
you're being disingenuous.
These quotes note that the SCNT process is cloning.
With reproductive and therapeutic cloning, human beings are turned
into commodities or in some cases spare parts to be dissected in the
laboratory, with the claim that some day they may be administered to
other humans to
[[Page S4174]]
provide a treatment. Treatments are praiseworthy but not at the expense
of the destruction of other members of the human family. We all want to
treat people. I want to find a cure for cancer. However, it is wrong to
turn humans into a means to an end.
It is also wrong to exploit women for their eggs. That is the other
side of the human cloning story. SCNT cloning, as proposed by
proponents of the technique, would require millions of human eggs. Poor
and disadvantaged women in particular would be vulnerable to
exploitation via financial incentives for donation. This is troubling
because retrieving such eggs violates the dignity of a woman and may
cause serious harm to her health.
The Brownback-Landrieu Human Cloning Prohibition Act is the only
effective ban on human cloning. Any other so-called human cloning bans
outside of this one are bans in name only and, in fact, most of them
provide for human cloning for research purposes. So, under other bans,
you can actually create a clone. They won't call it a clone; they will
call it a product of SCNT. They will say you may create and do research
on the clone; we just won't let you implant it. What is the clone,
then, at that point in time? Is it in the human species at that point?
Is it genetic material at that point in time? Indeed, it is.
Biologically, it is a human.
Others would only regulate what could be done with a human clone,
normally requiring its destruction, but they do nothing to prevent the
process of human cloning, which inherently violates human dignity. We
should take a stand against turning young humans into commodities,
research animals, and spare parts. We should not destroy young human
lives for research purposes.
That is why I urge my colleagues to support this human cloning
prohibition ban.
______
By Mr. CORNYN (for himself and Mr. Harkin):
S. 1038. A bill to amend the Internal Revenue Code of 1986 to expand
workplace health incentives by equalizing the tax consequences of
employee athletic facility use; to the Committee on Finance.
Mr. CORNYN. Mr. President, I rise to introduce the Workforce Health
Improvement Program Act of 2007, otherwise known as the WHIP Act. This
bipartisan bill I introduce today is the same legislation I introduced
in the 109th Congress. I am very pleased to be joined again by my good
friend and colleague, Senator Tom Harkin, who shares my commitment to
helping keep America fit.
Public health experts unanimously agree that people who maintain
active and healthy lifestyles dramatically reduce their risk of
contracting chronic diseases. And as the government works to reign in
the high cost of health care, it is worth talking about what we all can
do to help ourselves. As you know, prevention is key, and exercise is a
primary component in the prevention of many adverse health conditions
that can arise over one's lifetime. A physically fit population helps
to decrease health-care costs, reduce governmental spending, reduce
illnesses, and improve worker productivity.
According to the Centers for Disease Control and Prevention (CDC),
the economic cost alone to businesses in the form of health insurance
and absenteeism is more that $15 billion. Additionally, Medicare and
Medicaid programs currently spend $84 billion annually on five major
chronic diseases: diabetes, heart disease, depression, cancer, and
arthritis.
Reports also show that only about 15 percent of adults perform the
recommended amount of physical activity, and 40 percent of adults do
not participate in any physical activity. With physical inactivity
being a key contributing factor to overweight and obesity, and
adversely affecting workforce productivity, we quite simply need to do
more to help employers encourage exercise.
Given the tremendous benefits exercise provides, I believe Congress
has a duty to create as many incentives as possible to get Americans
off the couch, up, and moving.
With this in mind, I am introducing the WHIP Act.
Current law already permits businesses to deduct the cost of on-site
workout facilities, which are provided for the benefit of employees on
a pre-tax basis. But if a business wants or needs to outsource these
health benefits, they and/or their employees are required to bear the
full cost. In other words, employees who receive off-site fitness
center subsidies are required to pay income tax on the benefits, and
their employers bear the associated administrative costs of complying
with the IRS rules.
The WHIP Act would correct this inequity in the tax code to the
benefit of many smaller businesses and their employees. Specifically,
it would provide an employer's right to deduct up to $900 of the cost
of providing health club benefits off-site for their employees. In
addition, the employer's contribution to the cost of the health club
fees would not be taxable income for employees creating an incentive
for more employers to contribute to the health and welfare of their
employees.
The WHIP Act is an important step in reversing the largely
preventable health crisis that our country is facing, through the
promotion of physical activity and disease prevention. It is a critical
component of America's health care policy: prevention. It will improve
our nation's quality of life by promoting physical activity and
preventing disease. Additionally, it will help relieve pressure on a
strained health care system and correct an inequity in the current tax
code.
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. 1038
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 ``Workforce Health Improvement
Program Act of 2007''.
SEC. 2. EMPLOYER-PROVIDED OFF-PREMISES HEALTH CLUB SERVICES.
(a) Treatment as Fringe Benefit.--Subparagraph (A) of
section 132(j)( 4) of the Internal Revenue Code of 1986
(relating to on-premises gyms and other athletic facilities)
is amended to read as follows:
``(A) In general.--Gross income shall not include--
``(i) the value of any on-premises athletic facility
provided by an employer to its employees, and
``(ii) so much of the fees, dues, or membership expenses
paid by an employer to an athletic or fitness facility
described in subparagraph (C) on behalf of its employees as
does not exceed $900 per employee per year.''.
(b) Athletic Facilities Described.--Paragraph (4) of
section 132(j) of the Internal Revenue Code of 1986 (relating
to special rules) is amended by adding at the end the
following new subparagraph:
``(C) Certain athletic or fitness facilities described.--
For purposes of subparagraph (A)(ii), an athletic or fitness
facility described in this subparagraph is a facility--
``(i) which provides instruction in a program of physical
exercise, offers facilities for the preservation,
maintenance, encouragement, or development of physical
fitness, or is the site of such a program of a State or local
government,
``(ii) which is not a private club owned and operated by
its members,
``(iii) which does not offer golf, hunting, sailing, or
riding facilities,
``(iv) whose health or fitness facility is not incidental
to its overall function and purpose, and
``(v) which is fully compliant with the State of
jurisdiction and Federal anti-discrimination laws.''.
(c) Exclusion Applies to Highly Compensated Employees Only
if No Discrimination.--Section 132(j)(1) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``Paragraphs (1) and (2) of sub-section
(a)'' and inserting ``Subsections (a)(1), (a)(2), and
(j)(4)'', and
(2) by striking the heading thereof through ``(2) apply''
and inserting ``Certain exclusions apply''.
(d) Employer Deduction for Dues to Certain Athletic
Facilities.--
(1) In General.--Paragraph (3) of section 274(a) of the
Internal Revenue Code of 1986 (relating to denial of
deduction for club dues) is amended by adding at the end the
following new sentence: ``The preceding sentence shall not
apply to so much of the fees, dues, or membership expenses
paid to athletic or fitness facilities (within the meaning of
section 132(j)(4)(C)) as does not exceed $900 per employee
per year.''.
(2) Conforming amendment.--The last sentence of section
274(e)(4) of such Code is amended by inserting ``the first
sentence of'' before ``subsection (a)(3)''.
(e) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
______
By Mr. KENNEDY (for himself, Mr. Dodd, Mr. Harkin, Ms. Mikulski,
Mr. Bingaman, Mrs.
[[Page S4175]]
Murray, Mr. Reed, Mrs. Clinton, Mr. Obama, Mr. Sanders, Mr.
Brown, Mr. Byrd, Mr. Inouye, Mr. Biden, Mr. Leahy, Mr. Baucus,
Mr. Levin, Mr. Kerry, Mr. Rockefeller, Mr. Reid, Mr. Conrad,
Mr. Kohl, Mr. Lieberman, Mr. Akaka, Mrs. Feinstein, Mr. Dorgan,
Mrs. Boxer, Mr. Feingold, Mr. Wyden, Mr. Durbin, Mr. Johnson,
Ms. Landrieu, Mr. Schumer, Mr. Bayh, Mr. Carper, Ms. Stabenow,
Ms. Cantwell, Mr. Nelson of Florida, Mr. Lautenberg, Mr.
Menendez, Mr. Cardin, Mr. Webb, Mr. Casey, Mrs. McCaskill, Ms.
Klobuchar, Mr. Whitehouse, and Mr. Tester):
S. 1041. A bill to amend the National Labor Relations Act to
establish an efficient system to enable employees to form, join, or
assist labor organizations, to provide or mandatory injunctions for
unfair labor practices during organizing efforts, and for other
purposes; to the Committee on Health, Education, Labor, and Pensions.
Mr. KENNEDY. Mr. President, for far too long, we've acquiesced in a
lop-sided economy that benefits wealthy individuals and corporations,
but not America's working families. Tens of millions of our men and
women are working harder than ever, but they aren't receiving their
fair share of the economy they helped do so much to create and sustain.
Since President Bush took office, corporate profits have increased 65
percent. Productivity is up 18 percent. But household income has
declined; the wages of working Americans are stagnant. Six million have
lost their health insurance. Their retirement is uncertain as well--
only 1 in 5 workers today has a guaranteed pension. In short, working
families are finding that the American dream is beyond their reach.
This injustice is worsening each year, and it is time for Congress to
deal with it.
The best way to see that employees receive their fair share of
America's prosperity is to give them a stronger voice in the workplace.
Unions were fundamental in building America's middle class, and they
have a vital role today in preserving the American dream for working
families.
Unions can make all the difference between an economy that's fair,
and an economy where working people are left behind. Union wages are 30
percent higher than non-union wages. 80 percent of union workers have
health insurance, compared to only 49 percent of non-union workers.
Union members are 4 times more likely to have a secure, guaranteed
pension.
No wonder most American workers want union representation. The
question is, why don't more of them have it?
The reason is clear. In 2005 alone, more than 30,000 workers were
illegally fired or retaliated against for attempting to exercise their
right to have a union in their workplace. Every 17 minutes, a worker is
fired or punished in some illegal way for supporting a union.
Unscrupulous employers routinely break the law to keep unions out--they
intimidate employees, harass them, and discriminate against them. They
shut down whole departments--or even entire plants--to avoid
negotiating a union contract. It's illegal and unacceptable, but it
happens every day.
Clearly, the current system is broken. It can't stop these illegal,
anti-worker, anti-labor, anti-union tactics that take place every day.
The penalties are so minor that employers treat them as just another
cost of doing business. Even when workers succeed in forming a union,
they often can't obtain a first contract because management stonewalls
them and refuses to negotiate. Half of all cases alleging that
employers refused to bargain are filed during first-contract
negotiations--and in most of those cases, the National Labor Relations
Board finds an unfair labor practice.
Year after year, Congress has refused to act against these union-
busting tactics that are now all too familiar in the workplace. It's
time to listen to the voice of America's working men and women, and
give them what they want and deserve--a fair voice in the workplace and
a fair chance at the American dream.
That's why I'm reintroducing the Employee Free Choice Act today. This
essential legislation will strengthen protections for workers' freedom
to choose union representation. It will restore their democratic right
to join together for better wages, better benefits, and better working
conditions. It will help millions of working men and women to build a
better life for themselves and a better future for their children.
I am proud to have 46 of my fellow Senators joining me in sponsoring
this important bill, and I hope that all of my colleagues will 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. 1041
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 ``Employee Free Choice Act of
2007''.
SEC. 2. STREAMLINING UNION CERTIFICATION.
(a) In General.--Section 9(c) of the National Labor
Relations Act (29 U.S.C. 159(c)) is amended by adding at the
end the following:
``(6) Notwithstanding any other provision of this section,
whenever a petition shall have been filed by an employee or
group of employees or any individual or labor organization
acting in their behalf alleging that a majority of employees
in a unit appropriate for the purposes of collective
bargaining wish to be represented by an individual or labor
organization for such purposes, the Board shall investigate
the petition. If the Board finds that a majority of the
employees in a unit appropriate for bargaining has signed
valid authorizations designating the individual or labor
organization specified in the petition as their bargaining
representative and that no other individual or labor
organization is currently certified or recognized as the
exclusive representative of any of the employees in the unit,
the Board shall not direct an election but shall certify the
individual or labor organization as the representative
described in subsection (a).
``(7) The Board shall develop guidelines and procedures for
the designation by employees of a bargaining representative
in the manner described in paragraph (6). Such guidelines and
procedures shall include--
``(A) model collective bargaining authorization language
that may be used for purposes of making the designations
described in paragraph (6); and
``(B) procedures to be used by the Board to establish the
validity of signed authorizations designating bargaining
representatives.''.
(b) Conforming Amendments.--
(1) National labor relations board.--Section 3(b) of the
National Labor Relations Act (29 U.S.C. 153(b)) is amended,
in the second sentence--
(A) by striking ``and to'' and inserting ``to''; and
(B) by striking ``and certify the results thereof,'' and
inserting ``, and to issue certifications as provided for in
that section,''.
(2) Unfair labor practices.--Section 8(b) of the National
Labor Relations Act (29 U.S.C. 158(b)) is amended--
(A) in paragraph (7)(B) by striking ``, or'' and inserting
``or a petition has been filed under section 9(c)(6), or'';
and
(B) in paragraph (7)(C) by striking ``when such a petition
has been filed'' and inserting ``when such a petition other
than a petition under section 9(c)(6) has been filed''.
SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING
AGREEMENTS.
Section 8 of the National Labor Relations Act (29 U.S.C.
158) is amended by adding at the end the following:
``(h) Whenever collective bargaining is for the purpose of
establishing an initial agreement following certification or
recognition, the provisions of subsection (d) shall be
modified as follows:
``(1) Not later than 10 days after receiving a written
request for collective bargaining from an individual or labor
organization that has been newly organized or certified as a
representative as defined in section 9(a), or within such
further period as the parties agree upon, the parties shall
meet and commence to bargain collectively and shall make
every reasonable effort to conclude and sign a collective
bargaining agreement.
``(2) If after the expiration of the 90-day period
beginning on the date on which bargaining is commenced, or
such additional period as the parties may agree upon, the
parties have failed to reach an agreement, either party may
notify the Federal Mediation and Conciliation Service of the
existence of a dispute and request mediation. Whenever such a
request is received, it shall be the duty of the Service
promptly to put itself in communication with the parties and
to use its best efforts, by mediation and conciliation, to
bring them to agreement.
``(3) If after the expiration of the 30-day period
beginning on the date on which the request for mediation is
made under paragraph (2), or such additional period as the
parties may agree upon, the Service is not able to bring the
parties to agreement by conciliation, the Service shall refer
the dispute to an
[[Page S4176]]
arbitration board established in accordance with such
regulations as may be prescribed by the Service. The
arbitration panel shall render a decision settling the
dispute and such decision shall be binding upon the parties
for a period of 2 years, unless amended during such period by
written consent of the parties.''.
SEC. 4. STRENGTHENING ENFORCEMENT.
(a) Injunctions Against Unfair Labor Practices During
Organizing Drives.--
(1) In general.--Section 10(l) of the National Labor
Relations Act (29 U.S.C. 160(l)) is amended--
(A) in the second sentence, by striking ``If, after such''
and inserting the following:
``(2) If, after such''; and
(B) by striking the first sentence and inserting the
following:
``(1) Whenever it is charged--
``(A) that any employer--
``(i) discharged or otherwise discriminated against an
employee in violation of subsection (a)(3) of section 8;
``(ii) threatened to discharge or to otherwise discriminate
against an employee in violation of subsection (a)(1) of
section 8; or
``(iii) engaged in any other unfair labor practice within
the meaning of subsection (a)(1) that significantly
interferes with, restrains, or coerces employees in the
exercise of the rights guaranteed in section 7;
while employees of that employer were seeking representation
by a labor organization or during the period after a labor
organization was recognized as a representative defined in
section 9(a) until the first collective bargaining contract
is entered into between the employer and the representative;
or
``(B) that any person has engaged in an unfair labor
practice within the meaning of subparagraph (A), (B) or (C)
of section 8(b)(4), section 8(e), or section 8(b)(7);
the preliminary investigation of such charge shall be made
forthwith and given priority over all other cases except
cases of like character in the office where it is filed or to
which it is referred.''.
(2) Conforming amendment.--Section 10(m) of the National
Labor Relations Act (29 U.S.C. 160(m)) is amended by
inserting ``under circumstances not subject to section
10(l)'' after ``section 8''.
(b) Remedies for Violations.--
(1) Backpay.--Section 10(c) of the National Labor Relations
Act (29 U.S.C. 160(c)) is amended by striking ``And provided
further,'' and inserting ``Provided further, That if the
Board finds that an employer has discriminated against an
employee in violation of subsection (a)(3) of section 8 while
employees of the employer were seeking representation by a
labor organization, or during the period after a labor
organization was recognized as a representative defined in
subsection (a) of section 9 until the first collective
bargaining contract was entered into between the employer and
the representative, the Board in such order shall award the
employee back pay and, in addition, 2 times that amount as
liquidated damages: Provided further,''.
(2) Civil penalties.--Section 12 of the National Labor
Relations Act (29 U.S.C. 162) is amended--
(A) by striking ``Any'' and inserting ``(a) Any''; and
(B) by adding at the end the following:
``(b) Any employer who willfully or repeatedly commits any
unfair labor practice within the meaning of subsections
(a)(1) or (a)(3) of section 8 while employees of the employer
are seeking representation by a labor organization or during
the period after a labor organization has been recognized as
a representative defined in subsection (a) of section 9 until
the first collective bargaining contract is entered into
between the employer and the representative shall, in
addition to any make-whole remedy ordered, be subject to a
civil penalty of not to exceed $20,000 for each violation. In
determining the amount of any penalty under this section, the
Board shall consider the gravity of the unfair labor practice
and the impact of the unfair labor practice on the charging
party, on other persons seeking to exercise rights guaranteed
by this Act, or on the public interest.''.
______
By Mrs. FEINSTEIN:
S. 1043. A bill to require the Secretary of Veterans Affairs to
submit a report to Congress on proposed changes to the use of the West
Los Angeles Department of Veterans Affairs Medical Center, California;
to the Committee on Veterans' Affairs.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation
to ensure that the land on the West Los Angeles Veterans Affairs, West
LA VA, campus is protected for the use of America's Veterans.
The bill would: require the VA Secretary to provide the Congressional
Appropriations and Veterans Committees a comprehensive report regarding
the master plan for the West LA VA facility and connected property.
The VA was required under Public Law 105-368 to develop a master plan
for the West LA VA property.
If the VA has failed to developed the plan, the legislation requires
it to complete a master plan prior to implementing any action based on
the Capital Asset Realignment for Enhanced Services (CARES) initiative.
The VA would be prohibited from issuing any enhanced-use lease
agreements for the West LA VA property until the master plan is
completed and submitted to Congress.
Prevent the VA Secretary from implementing any portion of the master
plan until 120 days after the submission of the plan to the
Appropriations and Veterans Committees.
In addition, the Secretary would be expressly prohibited from
pursuing development initiatives regarding the West LA VA property not
relating to direct Veterans services unless explicitly authorized by
Congress through legislation.
Direct Veterans services are defined in this legislation as any
services ``directly related'' to maintaining the health, welfare, and
support of Veterans.
Last year, the Senate approved similar language in the FY07 MILCON/VA
Appropriations bill that required the VA to provide the Appropriations
Committees a report on the master plan for the West LA VA Medical
Center and connected land.
The fiscal year 2007 MILCON/VA Appropriations Act passed the Senate
on November 18, 2006.
Unfortunately, all but 2 of the 11 Appropriations bills--including
MILCON/VA--were ultimately packaged together in a Continuing Resolution
for fiscal year 2007, and the language was never considered by the full
Congress.
The bill I am introducing today is absolutely essential in light of a
number of unacceptable actions that have previously been taken by the
VA that, in my view, violate the spirit, if not the letter, of the law.
Last month, I joined with my colleagues Senator Barbara Boxer and
Congressman Henry Waxman in writing a letter to VA Secretary James
Nicholson strongly objecting to recent decisions by the VA relating to
the West LA VA facility and land.
Over the past year alone, the VA has permitted the construction of a
facility for the Fox Entertainment Group on the West LA VA property,
and has approved a lease agreement with Enterprise Car Rental to
operate on the campus.
In addition, the VA has allowed the Westside Shepherd of the Hill
Church to rent a building on the property in which to hold its Sunday
services and provided additional housing space for the University of
California-Los Angeles (UCLA).
The VA reportedly has also considered lease projects such as movie
productions, a drive-in theather, a circus event, and a golf course.
This must be put to a stop and the legislation I introduce today
would do just that.
For too long, commercial interests have trumped the needs of our
Veterans.
These 400 acres of land were donated to the government in 1888
specifically for Veterans and should remain that way--just as then-VA
Secretary Anthony Principi promised during a visit to Los Angeles in
February 2002.
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. 1043
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REPORT ON USE OF LANDS AT WEST LOS ANGELES
DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER,
CALIFORNIA.
(a) Finding.--Congress finds that section 707 of the
Veterans Programs Enhancement Act of 1998 (Public Law 105-
368; 112 Stat. 3351) required the Secretary of Veterans
Affairs to submit to Congress a report on the master plan of
the Department of Veterans Affairs, or a plan for the
development of such a master plan, relating to the use of
Department lands at the West Los Angeles Department of
Veterans Affairs Medical Center, California.
(b) Report.--The Secretary of Veterans Affairs shall submit
to Congress a report on the master plan of the Department of
Veterans Affairs relating to the use of Department lands at
the West Los Angeles Department of Veterans Affairs Medical
Center, California.
(c) Report Elements.--The report under subsection (b) shall
set forth the following:
(1) The master plan referred to in that subsection, if such
a plan currently exists.
(2) A current assessment of the master plan.
[[Page S4177]]
(3) Any proposal of the Department for a veterans park on
the lands referred to in subsection (b), and an assessment of
each such proposal.
(4) Any proposal to use a portion of the lands referred to
in subsection (b) as dedicated green space, and an assessment
of each such proposal.
(d) Alternative Report Element.--
(1) Plan for development of master plan.--If the master
plan referred to in subsection (b) does not exist as of the
date of the enactment of this Act, the Secretary shall set
forth in the report under that subsection, in lieu of the
matters specified in paragraphs (1) and (2) of subsection
(c), a plan for the development of a master plan for the use
of the lands referred to in subsection (b) during each period
as follows:
(A) The 25-year period beginning on the date of the
enactment of this Act.
(B) The 50-year period beginning on the date of the
enactment of this Act.
(2) Completion of master plan.--The master plan referred to
in paragraph (1) shall be completed before both of the
following:
(A) The adoption of the plan under the Capital Asset
Realignment for Enhanced Services (CARES) initiative for the
lands referred to in subsection (b).
(B) The issuance of any enhanced use lease with respect to
any portion of such lands.
(3) Coordination with cares.--The master plan referred to
in paragraph (1) and the plan under the Capital Asset
Realignment for Enhanced Services initiative for the lands
referred to in subsection (b) shall be consistent.
(e) Limitations on Implementation.--
(1) In general.--The Secretary may not implement any
portion of the master plan referred to in subsection (b) or
the plan referred to in subsection (d), as applicable, until
120 days after the date of the receipt by the appropriate
congressional committees of the report referred to in such
subsection.
(2) Actions other than direct veterans services.--In the
case of any portion of the master plan referred to in
subsection (b) or the plan referred to in subsection (d), as
applicable, that does not relate to direct veterans services,
the Secretary may not carry out such portion of such plan
except pursuant to provisions of law enacted after the date
of the receipt by the appropriate congressional committees of
the report referred to in such subsection.
(f) Construction.--Nothing in this section shall be
construed to prevent the Secretary from providing, with
respect to the lands referred to in subsection (b), routine
maintenance, facility upkeep, tasks connected to capital
improvements, and activities related to the construction of a
State veterans home.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Veterans' Affairs and the Committee on
Appropriations of the Senate; and
(B) the Committee on Veterans' Affairs and the Committee on
Appropriations of the House of Representatives.
(2) Direct veterans services.--The term ``direct veterans
services'' means services directly related to maintaining the
health, welfare, and support of veterans.
______
By Mr. BIDEN:
S. 1044. A bill to improve the medical care of members of the Armed
Forces and veterans, and for other purposes; to the Committee on Armed
Services.
Mr. BIDEN. Mr. President, I would like to take the opportunity today
to introduce an important piece of legislation to improve the ability
of the Department of Defense and the Department of Veterans Affairs to
provide medical care for our Nation's Armed Forces and veterans. We are
currently finishing up a debate in the Senate on additional war time
funding for Iraq. As in past years, we are trying to mitigate the
damage caused by the failure to properly plan for and manage the
aftermath of Saddam Hussein's fall. I have spoken many times about how
damaging this lack of planning has been to our efforts in Iraq and to
our standing in the world.
For the past two months, the spotlight has shone on another
administration failure in this war: the shameful conditions our wounded
soldiers face as outpatients navigating the military health system when
they return from Iraq or Afghanistan. This is another example of gross
mismanagement and a strained system. To alleviate the strain on this
system, I am offering legislation today--the Effective Care for the
Armed Forces and Veterans Act--to improve the care that members of the
Armed Forces and veterans receive at Walter Reed and other military
medical facilities.
The purpose of this legislation is to ensure that some of the reasons
for concern at Walter Reed do not occur in the future. As the living
conditions for outpatients at Walter Reed Army Medical Center indicate,
moving to private contracts for maintenance at military medical
facilities can cause problems. After a private contract was awarded for
maintenance and upkeep of buildings on the campus of Walter Reed Army
Medical Center, a maintenance crew of approximately 300 was whittled
down to 50 by the time the contract went in to effect. Many of the
terrible living conditions in Building 18 that we read about in the
Washington Post were a direct result of delays in building repair and
maintenance because of a shortage in manpower. To prevent this
situation from occurring again, this legislation calls for public-
private competitions of maintenance services at military medical
complexes to stop while our country is engaged in military conflicts.
It also calls for a General Accountability Office review of
contracting-out decisions for basic maintenance work at military
facilities.
Other problems discovered at Walter Reed are directly attributable to
shortages resulting from pressures to cut budgets for military medical
services. These cuts cannot be tolerated at a time when military
medical services are needed to treat servicemembers who have been
wounded in Iraq and Afghanistan. As such, this legislation would
require medical command budgets to be equal to or exceed the prior year
amount while the nation is involved in a major military conflict or
war.
Another issue that the conditions at Walter Reed brought up is
whether or not the facility should be closed as the Base Realignment
and Closure Commission recommended. The Commission recommended building
new, modern facilities at the National Naval Medical Center at Bethesda
and at Fort Belvoir to improve the overall quality of care and access
to care in this region. Military leaders have indicated that the
planned closure has limited their ability to attract needed
professionals to jobs at Walter Reed and there have been concerns
raised whether adequate housing for the families of the wounded has
been properly planned. To deal with that, this legislation requires the
Department of Defense to submit to Congress within one year a detailed
plan that includes an evaluation of the following: the desirability of
being able to guarantee professional jobs in the D.C. area for two
years or more following the closure in order to foster a stable
workforce; detailed construction plans for the new facilities and for
new family housing; and the costs and benefits of building all of the
needed medical treatment, rehabilitation, and housing before a single
unit is moved.
Another major problem and source of frustration for injured soldiers
is the length of time it takes to receive a disability determination.
In order to hasten the disability determination process, we need to
ensure that the Department of Defense has information systems capable
of communicating with those in the Department of Veterans Affairs. The
VA has been a leader in implementing electronic medical record keeping,
but we have to improve the capability of the Department of Defense to
send electronic medical records to the VA to speed up the disability
determination process. Making the disability determination system more
efficient can reduce the stress on the soldiers and their families
going through the determination process.
Caseworkers are also critical. They schedule appointments and make
sure wounded servicemembers get the rehabilitative and follow-up care
they need. As more and more soldiers and marines come home wounded,
many military caseworkers are overwhelmed. To improve the care given to
servicemembers, this legislation requires a minimum ratio of case
managers to patients of 1 to 20, that case managers have contact with
recovering servicemembers at least once a week, and that case managers
be properly trained on the military's disability and discharge systems
so they can better assist patients with their paperwork.
Currently, many combat veterans returning from Iraq and Afghanistan
have service-related mental health issues like post-traumatic stress
disorder (PTSD) and traumatic brain injury (TBI). Many have labeled TBI
the ``signature injury'' of the Iraq and Afghanistan conflicts. It is
estimated that as many as 10 percent of those serving or who have
served in Iraq and Afghanistan have brain injuries. That
[[Page S4178]]
would mean about 150,000 of the 1.5 million soldiers and marines who
have served in Operation Enduring Freedom or Operation Iraqi Freedom
have suffered a brain injury. In many cases, these injuries are not
diagnosed because there is not an external wound. Depending on the
severity of these injuries, returning soldiers can require immediate
treatment or not have symptoms show up until several years later. This
legislation calls for every returning soldier to be screened for TBI.
While the VA has announced plans to do this, it needs to happen in
active-duty military medical facilities too. In addition, the
legislation calls for a study on the advisability of treating TBI as a
presumptive condition in every service's disability evaluation system,
as well as the VA disability evaluation system.
We often hear about the 25,000 soldiers and marines who have been
wounded in these wars--but that figure grossly underestimates the
demand that the VA health care system faces. Since our country was
attacked on September 11, 2001, more than 1.5 million soldiers have
been deployed to Afghanistan, Iraq, and other locations. Of these,
630,000 are now veterans and, according to the Department of Defense,
more than 205,000 have already received medical treatment through the
Department of Veterans Affairs. A recent Harvard study on the long-term
costs of treating these new veterans estimates that by 2012 more than
643,000 veterans from Iraq and Afghanistan will be using the VA system,
an almost three-fold increase of what the system faces now. With a
significant backlog of claims currently existing, the system is in
desperate need of an upgrade. To address this concern, my legislation
directs the Secretary of Veterans Affairs to submit to Congress a plan
for the long-term care needs for veterans for the next 50 years.
It is our highest obligation to heal the hundreds of thousands of
brave men and women who will bear the physical and emotional scars of
these wars for the rest of their lives. Those of us who have the
privilege of serving in Congress must act now to improve the medical
care we provide to our Armed Forces and veterans.
I ask unanimous consent that the text of the legislation be printed
in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1044
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 ``Effective Care for the Armed
Forces and Veterans Act of 2007''.
SEC. 2. PROHIBITION ON COMPETITIVE SOURCING OF CERTAIN
ACTIVITIES AT MEDICAL FACILITIES OF THE
DEPARTMENT OF DEFENSE.
(a) Findings.--Congress finds the following:
(1) The health and recovery of wounded members of the Armed
Forces may be risked by competitive sourcing of services at
military medical facilities.
(2) The provision of medical services to members and former
members of the Armed Forces who were injured while serving in
Operation Iraqi Freedom or Operation Enduring Freedom is a
basic service that is the responsibility of the Government
and any disruption is unacceptable when it risks the health
of veterans and members of the Armed Forces.
(3) The Department of Defense has attempted to implement
competitive sourcing of services at military medical
facilities despite the fact that doing so provides no
improvement in the efficiency or effectiveness of such
services.
(b) Prohibition on Initiation of Competitive Sourcing
Activities at Medical Facilities of Department of Defense
During Period of Major Military Conflict.--
(1) In general.--Except as provided in paragraph (2),
during a period in which the Armed Forces are involved in a
major military conflict, the Secretary of Defense shall not
take any action under the Office of Management and Budget
Circular A-76 or any other similar administrative regulation,
directive, or policy--
(A) to subject work performed by an employee of a medical
facility of the Department of Defense or employee of a
private contractor of such a medical facility to public-
private competition; or
(B) to convert such employee or the work performed by such
employee to private contractor performance.
(2) Exception to prevent negative impact on provision of
services.--Paragraph (1) shall not apply to any action at a
medical facility of the Department of Defense if the
Secretary of Defense certifies to Congress that not
initiating such action during such period would have a
negative impact on the provision of services at such military
medical facility.
(c) Study on Competitive Sourcing Activities at Medical
Facilities of Department of Defense.--The Comptroller General
of the United States shall assess the efficiency and
advisability of subjecting work performed by an employee of a
medical facility of the Department of Defense or a private
contractor of such a medical facility to public-private
competition, or converting such employee or the work
performed by such employee to private contractor performance,
under the Office of Management and Budget Circular A-76 or
any other similar administrative regulation, directive, or
policy.
SEC. 3. MINIMUM BUDGET FOR MEDICAL SERVICES OF THE ARMED
FORCES DURING PERIOD OF MAJOR MILITARY
CONFLICT.
(a) Findings.--Congress finds the following:
(1) Pressure to reduce the budget for the medical services
of the Department of Defense has contributed to many of the
current problems at Walter Reed Army Medical Center.
(2) It is inappropriate to reduce the budget for medical
services of the Department of Defense or the Department of
Veterans Affairs while such services are needed to treat
members of the Armed Forces or veterans who were wounded in
Iraq and Afghanistan.
(b) Minimum Budget for Medical Services.--
(1) In general.--Except as provided in paragraph (2), if
the Armed Forces are involved in a major military conflict at
the time the President submits the budget for a fiscal year
to Congress, the President shall not include in that budget a
total aggregate amount allocated for medical services for the
Department of Defense and the Department of Veterans Affairs
that is less than the total aggregate amount allocated for
such purposes in the budget submitted by the President to
Congress for the previous fiscal year.
(2) Exception.--Paragraph (1) shall not apply if the
President--
(A) certifies to Congress that submitting a total aggregate
amount allocated for medical services for the Department of
Defense and the Department of Veterans Affairs that is less
than that required under paragraph (1) is in the national
interest; and
(B) submits to Congress a report on the reasons for the
reduction described by subparagraph (A).
SEC. 4. LIMITATION ON IMPLEMENTATION OF RECOMMENDATION TO
CLOSE WALTER REED ARMY MEDICAL CENTER.
(a) Findings.--Congress finds the following:
(1) The final recommendations of the Defense Base Closure
and Realignment Commission under the 2005 round of defense
base closure and realignment include recommendations to close
Walter Reed Army Medical Center and to build new, modern
facilities at the National Naval Medical Center at Bethesda
and at Fort Belvoir to improve the overall quality of and
access to health care for members of the Armed Forces.
(2) These recommendations include the transfer of medical
services from the Walter Reed Army Medical Center to the
National Naval Medical Center at Bethesda and at Fort
Belvoir, but they do not adequately provide for housing for
the families of wounded members of the Armed Forces who will
receive treatment at such new facilities.
(3) The recommended closure of the Walter Reed Army Medical
Center has impaired the ability of the Secretary of Defense
to attract the personnel required to provide proper medical
services at such medical center.
(b) Limitation on Implementation of Recommendations.--The
Secretary of Defense shall not take any action to implement
the recommendations of the Defense Base Closure and
Realignment Commission under the 2005 round of defense base
closure and realignment relating to the transfer of medical
services from Walter Reed Army Medical Center to the National
Naval Medical Center at Bethesda and at Fort Belvoir during
the period beginning on the date of the enactment of this Act
and ending on the date that is 60 days after the date on
which Congress receives the plan required under subsection
(c).
(c) Plan Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress a plan that includes an assessment of the
following:
(1) The feasibility and advisability of providing current
or prospective employees at Walter Reed Army Medical Center a
guarantee that their employment will continue in the
Washington, DC, metropolitan area for more than two years
after the date on which Walter Reed Army Medical Center is
closed.
(2) Detailed construction plans for new medical facilities
and family housing at the National Naval Medical Center at
Bethesda and at Fort Belvoir to accommodate the transfer of
medical services from Walter Reed Army Medical Center to the
National Naval Medical Center at Bethesda and at Fort
Belvoir.
(3) The costs, feasibility, and advisability of completing
all of the construction planned for the transfer of medical
services from Walter Reed Army Medical Center to the National
Naval Medical Center at Bethesda and at Fort Belvoir before
any patients are transferred to such new facilities from
Walter Reed Army Medical Center as a result of the
recommendations of the Defense Base
[[Page S4179]]
Closure and Realignment Commission under the 2005 round of
defense base closure and realignment.
SEC. 5. IMPROVING CASE MANAGEMENT SERVICES FOR MEMBERS OF THE
ARMED FORCES.
(a) Findings.--Congress makes the following findings:
(1) Case managers are important for scheduling appointments
and making sure recovering servicemembers get the care they
need.
(2) Many case managers are overwhelmed by the large number
of wounded members of the Armed Forces returning from
deployment in Iraq and Afghanistan.
(3) Regular contact between health care providers and
members of the Armed Forces returning from deployment is
important for the diagnosis of post traumatic stress disorder
in such members.
(4) It is inappropriate to require a wounded member of the
Armed Forces or a family member of such member to provide a
photo or a medal from deployment in Iraq or Afghanistan to
prove that such member served in and was injured from such
deployment.
(5) Case managers are well qualified to assist recovering
servicemembers and their families with the disability
evaluation system and discharge procedures of the Department
of Defense.
(b) Case Managers.--
(1) In general.--The Secretary of Defense shall assign at
least one case manager for every 20 recovering servicemembers
to assist in the recovery of such recovering servicemember.
(2) Minimum contact.--The Secretary of Defense shall ensure
that case managers contact each of their assigned recovering
servicemembers not less than once per week.
(3) Training.--The Secretary of Defense shall ensure that
case managers of the Department of Defense are familiar with
the disability and discharge system of the Department of
Defense and that such case managers are able to assist
recovering servicemembers complete necessary and related
forms.
(c) Recovering Servicemember.--In this section, the term
``recovering servicemember'' means a member of the Armed
Forces, including a member of the National Guard or a
Reserve, who is undergoing medical treatment, recuperation,
or therapy, or is otherwise in medical hold or holdover
status, for an injury, illness, or disease incurred or
aggravated while on active duty in the Armed Forces.
SEC. 6. SCREENING FOR TRAUMATIC BRAIN INJURY.
(a) Findings.--Congress finds the following:
(1) Many of the members of the Armed Forces deployed in
Iraq and Afghanistan have brain injuries.
(2) In many cases, such injuries are not diagnosed because
there is no external indication of such injury.
(3) The Secretary of Veterans Affairs carries out programs
to screen all recent combat veterans for traumatic brain
injury; the Secretary of Defense does not do so.
(b) Screening Required.--The Secretary of Defense shall
screen every member of the Armed Forces returning from
deployment in Operation Iraqi Freedom or Operation Enduring
Freedom for traumatic brain injury upon the return of each
such member.
(c) Studies on Treating Traumatic Brain Injury as
Presumptive Condition for Disability Compensation.--
(1) Study by secretary of defense.--
(A) In general.--The Secretary of Defense shall conduct a
study on the feasability and advisability of treating
traumatic brain injury as a presumptive condition for members
of the Armed Forces who served in Operation Iraqi Freedom or
Operation Enduring Freedom for the qualification for
disability compensation under laws administered by the
Secretary of Defense.
(B) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report on the results of the study required by
subparagraph (A).
(2) Study by secretary of veterans affairs.--
(A) In general.--The Secretary of Veterans Affairs shall
conduct a study on the feasability and advisability of
treating traumatic brain injury as a presumptive condition
for veterans who served as members of the Armed Forces in
Operation Iraqi Freedom or Operation Enduring Freedom for the
qualification for disability compensation under laws
administered by the Secretary of Veterans Affairs.
(B) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to Congress a report on the results of the study
required by subparagraph (A).
(3) Study by director of national institutes of health.--
(A) In general.--The Director of the National Institutes of
Health shall conduct a study on traumatic brain injury,
including the detection of traumatic brain injury and the
measurement and classification of the severity of traumatic
brain injury.
(B) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of the National
Institutes of Health shall submit to Congress a report on the
results of the study required by subparagraph (A).
SEC. 7. REQUIRING MEDICAL RECORDS MANAGEMENT SYSTEMS OF
DEPARTMENT OF DEFENSE TO COMMUNICATE WITH
MEDICAL RECORDS MANAGEMENT SYSTEMS OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Findings.--Congress makes the following findings:
(1) The electronic transfer of medical records of members
of the Armed Forces from the medical records management
systems of the Department of Defense to the medical records
management systems of the Department of Veterans Affairs
would be prudent.
(2) The Department of Veterans Affairs has been a leader in
the implementation of electronic medical records management
systems.
(b) Electronic Communication Between Medical Records
Management Systems Required.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary of Defense shall
ensure that the medical records management systems of the
Department of Defense are capable of transmitting medical
records to and receiving medical records from the medical
records management systems of the Department of Veterans
Affairs electronically.
(2) Initiation of activities.--Not later than one year
after the date of the enactment of this Act, the Secretary of
Defense shall begin any activities required to meet the
requirements of paragraph (1).
SEC. 8. DEPARTMENT OF VETERANS AFFAIRS ASSESSMENT OF LONG-
TERM CARE NEEDS OF VETERANS.
(a) Findings.--Congress makes the following findings:
(1) Multiple studies show that, in the next five years, the
Department of Veterans Affairs will add hundreds of thousands
of new veterans to the medical records management systems of
the Department of Veterans Affairs.
(2) During such period, many veterans will have multiple
medical care needs caused by complex medical conditions.
(b) Assessment of Long-Term Care Needs.--The Secretary of
Veterans Affairs shall assess the current ability of the
Department of Veterans Affairs to meet long-term care needs
of veterans during the 50-year period that begins on the date
of the enactment of this Act.
(c) Determination of Actions Required to Meet Long-Term
Care Needs.--The Secretary of Veterans Affairs shall
determine what actions are required to ensure that the needs
described in subsection (b) are satisfied.
(d) Report Required.--Not later than one year after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to Congress a report on the assessment
required in subsection (b) and the determination required in
subsection (c).
______
By Mr. VOINOVICH:
S. 1045. A bill to strengthen performance management in the Federal
Government, to make the annual general pay increase for Federal
employees contingent on performance, and for other purposes; to the
Committee on Homeland Security and Governmental Affairs.
______
By Mr. VOINOVICH:
S. 1046. A bill to modify pay provisions relating to certain senior-
level positions in the Federal Government, and for other purposes; to
the Committee on Homeland Security and Governmental Affairs.
______
By Mr. VOINOVICH (for himself, Ms. Collins, and Mr. Akaka):
S. 1047. A bill to amend the Internal Revenue Code of 1986 to exclude
from gross income amounts paid on behalf of Federal employees and
members of the Armed Forces on active duty under Federal student loan
repayment programs; to the Committee on Finance.
Mr. VOINOVICH. Mr. President, I rise today to introduce three
important pieces of legislation that I believe will improve the ability
of the Federal Government to recruit and retain a world class
workforce: the Federal Workforce Performance Appraisal and Management
Improvement Act, the Senior Professional Performance Act, and the
Generating Opportunity by Forgiving Educational Debt for Service Act.
As my colleagues know, my interest in the Federal workforce developed
after working with the Federal Government for 18 years, for 10 years as
mayor of Cleveland and 8 years as Governor of Ohio. Through my work on
the Subcommittee on Oversight of Government Management, the Federal
Workforce and the District of Columbia, I continue to observe that
investing in personnel and workforce management, and management in
general, struggles to be a priority in the Federal Government. My own
experience as county auditor, county commissioner, mayor, and Governor
has taught me that, of all the things in which government can invest,
resources dedicated to human capital bring the greatest return.
Effective performance management is fundamental to building a
results-oriented culture. In fact, the Merit
[[Page S4180]]
Systems Protection Board just published a report entitled,
``Accomplishing Our Mission: Results of the Merit Principles Survey
2005.'' In that report, the MSPB found that, ``Nonsupervisory employees
feel uninformed about performance evaluation, organizational changes,
and other issues at times.'' The Federal Workforce Performance
Appraisal and Management Improvement Act that I am introducing today
will help address that problem. By requiring supervisors and employees
to have regular conversations about expectations and job performance,
every employee will understand how their job performance is perceived
by their boss and, more importantly, how individual work contributes to
the agency's mission. In addition, this legislation would prohibit an
employee who receives an unacceptable performance evaluation from
receiving an annual salary adjustment. Mr. President, I know that
Federal employees are dedicated and talented individuals. I know some
may view this as a critique on the contributions of our civil servants;
however, that could not be further from the truth. This bill recognizes
their daily contributions.
As I said last year when I first introduced this legislation,
employees should receive annually a rigorous evaluation. Pay should be
determined by an individual's performance. I agree with the observation
of Comptroller General David Walker that the passage of time should not
be the single most important factor in determining an employee's pay.
Instead, it should be determined by the productivity, effectiveness,
and the contributions of an employee.
Today I also am pleased to introduce the Senior Professional
Performance Act. In 2003, Congress enacted legislation to reform the
pay and performance management systems for the Senior Executive
Service. The legislation I introduce today would authorize agencies to
develop and implement similar pay and performance management systems
for senior level and scientific and professional personnel in order to
keep these talented and capable employees on equal footing.
Finally, today I am introducing Generating Opportunity by Forgiving
Educational Debt for Service Act, or GOFEDS, a bill that will help
Federal agencies and the Armed Forces recruit talented individuals to
serve in all areas of the Federal Government and the military. Current
law--authorizes Federal agencies to pay student loans up to $10,000 a
year with a cumulative cap of $60,000, but the incentive is taxed. The
Active-Duty Educational Loan Repayment Program allows the Services to
repay certain federally guaranteed educational loans for enlistments in
military specialties designated by the Service Secretary. GOFEDS would
amend the Federal tax code to allow the Federal Government's student
loan repayment programs to be offered on a tax-free basis. The
potential impact of this bill far outweighs its minimal cost.
I urge my colleagues to support this legislation.
______
By Mr. FEINGOLD (for himself, Mr. Crapo, Mr. Martinez, Mr. Kohl,
Mr. Kerry, Mr. Cardin, and Mrs. Boxer):
S. 1048. A bill to assist in the conservation of cranes by supporting
and providing, through projects of persons and organizations with
expertise in crane conservation, financial resouces for the
conservation programs of countries that activities of which directly or
indirectly affect cranes and the ecosystems of cranes; to the Committee
on Environment and Public Works.
Mr. FEINGOLD. Mr. President, I am introducing the Crane Conservation
Act of 2007. I am very pleased that the Senators from Idaho, Mr. Crapo,
Florida, Mr. Martinez, Wisconsin, Mr. Kohl, Maryland, Mr. Cardin, and
Massachusetts, Mr. Kerry, have joined me as cosponsors of this bill. I
propose this legislation in the hope that Congress will do its part to
protect the existence of these birds, whose cultural significance and
popular appeal can be seen worldwide. This legislation is particularly
important to the people of Wisconsin, as our State provides habitat and
refuge to several crane species. But this legislation, which authorizes
the United States Fish and Wildlife Service to distribute funds and
grants to crane conservation efforts both domestically and in
developing countries, promises to have a larger environmental and
cultural impact that will go far beyond the boundaries of my home
state. This bill is similar to legislation that I introduced in the
107th, 108th, and 109th Congresses.
In October of 1994, Congress passed and the President signed the
Rhinoceros and Tiger Conservation Act. The passage of this act provided
support for multinational rhino and tiger conservation through the
creation of the Rhinoceros and Tiger Conservation Fund, or RTCF.
Administered by the United States Fish and Wildlife Service, the RTCF
distributes up to $10 million in grants every year to conservation
groups to support projects in developing countries. Since its
establishment in 1994, the RTCF has been expanded by Congress to cover
other species, such as elephants and great apes.
Today, with the legislation I am introducing, I am asking Congress to
add cranes to this list. Cranes are the most endangered family of birds
in the world, with 11 of the world's 15 species at risk of extinction.
Specifically, this legislation would authorize up to $5 million of
funds per year to be distributed in the form of conservation project
grants to protect cranes and their habitat. The financial resources
authorized by this bill can be made available to qualifying
conservation groups operating in Asia, Africa, and North America. The
program is authorized from Fiscal Year 2008 through Fiscal Year 2012.
In keeping with my belief that we should balance the budget, this
bill proposes that the $25 million in authorized spending over 5 years
for the Crane Conservation Act established in this legislation should
be offset through the Secretary of the Interior's administrative
budget. The Secretary of the Interior would be required to transfer any
funds it does not expend under the Crane Conservation Act back to the
Treasury at the end of fiscal year 2012.
I am offering this legislation due to the serious and significant
decline that can be expected in crane populations worldwide without
further conservation efforts. Those efforts have achieved some success
in the case of the North American whooping crane, the rarest crane on
earth. In 1941, only 21 whooping cranes existed in the entire world.
This stands in contrast to the over 450 birds in existence today. The
North American whooping crane's resurgence is attributed to the bird's
tenacity for survival and to the efforts of conservationists in the
United States and Canada. Today, the only wild flock of North American
whooping cranes breeds in northwest Canada, and spends its winters in
coastal Texas. A new flock of cranes is currently being reintroduced to
the wild in an eastern flyway from Wisconsin to Florida.
The movement of this flock of birds shows how any effort by Congress
to regulate crane conservation needs to cross both national and
international lines. As this flock of birds makes its journey from
Wisconsin to Florida, the birds rely on the ecosystems of a multitude
of states in this country. In its journey from the Necedah National
Wildlife Refuge in Wisconsin to the Chassahowitzka National Wildlife
Refuge in Florida in the fall and eventual return to my home State in
the spring, this flock also faces threats from pollution of traditional
watering grounds, collision with utility lines, human disturbance,
disease, predation, loss of genetic diversity within the population,
and vulnerability to catastrophes, both natural and man-made.
The birds also rely on private landowners, the vast majority of whom
have enthusiastically welcomed the birds to their rest on their land.
Through its extensive outreach and education program, the Whooping
Crane Eastern Partnership has obtained the consistent support of
farmers and other private landowners to make this important recovery
program a success. On every front, this partnership is unique.
Despite the remarkable conservation efforts taken since 1941,
however, this species is still very much in danger of extinction. While
over the course of the last half-century, North American whooping
cranes have begun to make a slow recovery, many species of crane in
Africa and Asia have declined, including the sarus crane of Asia and
the wattled crane of Africa.
The sarus crane stands four feet tall and can be found in the
wetlands of
[[Page S4181]]
northern India and south Asia. These birds require large, open, well-
watered plains or marshes to breed and survive. Due to agricultural
expansion, industrial development, river basin development, pollution,
warfare, and heavy use of pesticides prevalent in India and southeast
Asia, the sarus crane population has been in decline. Furthermore, in
many areas, a high human population concentration compounds these
factors. On the Mekong River, which runs through Cambodia, Vietnam,
Laos, Thailand, and China, human population growth and planned
development projects threaten the sarus crane. Reports from India,
Cambodia, and Thailand have also cited incidences of the trading of
adult birds and chicks, as well as hunting and egg stealing in the drop
in population of the sarus crane.
Only three subspecies of the sarus crane exist today. One resides in
northern India and Nepal, one resides in southeast Asia, and one
resides in northern Australia. Their population is about 8,000 in the
main Indian population, with recent numbers showing a rapid decline. In
Southeast Asia, only 1,000 birds remain.
The situation of the sarus crane in Asia is mirrored by the situation
of the wattled crane in Africa. In Africa, the wattled crane is found
in the southern and eastern regions, with an isolated population in the
mountains of Ethiopia. Current population estimates range between 6,000
to 8,000 and are declining rapidly, due to loss and degradation of
wetland habitats, as well as intensified agriculture, dam construction,
and industrialization. In other parts of the range, the creation of
dams has changed the dynamics of the flood plains, thus further
endangering these cranes and their habitats. Human disturbance at or
near breeding sites also continues to be a major threat. Lack of
oversight and education over the actions of people, industry, and
agriculture is leading to reduced preservation for the lands on which
cranes live, thereby threatening the ability of cranes to survive in
these regions.
If we do not act now, not only will cranes face extinction, but the
ecosystems that depend on their contributions will suffer. With the
decline of the crane population, the wetlands and marshes they inhabit
can potentially be thrown off balance. I urge my colleagues to join me
in supporting legislation that can provide funding to the local
farming, education, and enforcement projects that can have the greatest
positive effect on the preservation of both cranes and fragile
habitats. This modest investment can secure the future of these
exemplary birds and the beautiful areas in which they live. Therefore,
I ask my colleagues to support the Crane Conservation Act of 2007.
I ask unanimous consent that the text of my 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. 1048
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 ``Crane Conservation Act of
2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) crane populations in many countries have experienced
serious decline in recent decades, a trend that, if continued
at the current rate, threatens the long-term survival of the
species in the wild in Africa, Asia, and Europe;
(2) 5 species of Asian crane are listed as endangered
species under section 4 of the Endangered Species Act of 1973
(16 U.S.C. 1533) and appendix I of the Convention, which
species are--
(A) the Siberian crane (Grus leucogeranus);
(B) the red crowned crane (Grus japonensis);
(C) the white-naped crane (Grus vipio);
(D) the black-necked crane (Grus nigricollis); and
(E) the hooded crane (Grus monacha);
(3) the Crane Action Plan of the International Union for
the Conservation of Nature considers 4 species of cranes from
Africa and 1 additional species of crane from Asia to be
seriously threatened, which species are--
(A) the wattled crane (Bugeranus carunculatus);
(B) the blue crane (Anthropoides paradisea);
(C) the grey crowned crane (Balearica regulorum);
(D) the black crowned crane (Balearica pavonina); and
(E) the sarus crane (Grus antigone);
(4)(A) the whooping crane (Grus americana) and the
Mississippi sandhill crane (Grus canadensis pulla) are listed
as endangered species under section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533); and
(B) with approximately 225 whooping cranes in the only
self-sustaining flock that migrates between Canada and the
United States, and approximately 100 Mississippi sandhill
cranes in the wild, both species remain vulnerable to
extinction;
(5) conservation resources have not been sufficient to cope
with the continued diminution of crane populations from
causes that include hunting and the continued loss of
habitat;
(6)(A) cranes are flagship species for the conservation of
wetland, grassland, and agricultural landscapes that border
wetland and grassland; and
(B) the establishment of crane conservation programs would
result in the provision of conservation benefits to numerous
other species of plants and animals, including many
endangered species;
(7) other threats to cranes include--
(A) the collection of eggs and juveniles;
(B) poisoning from pesticides applied to crops;
(C) collisions with power lines;
(D) disturbance from warfare and human settlement; and
(E) the trapping of live birds for sale;
(8) to reduce, remove, and otherwise effectively address
those threats to cranes in the wild, the joint commitment and
effort of countries in Africa, Asia, and North America, other
countries, and the private sector, are required;
(9) cranes are excellent ambassadors to promote goodwill
among countries because they are well known and migrate
across continents;
(10) because the threats facing cranes and the ecosystems
on which cranes depend are similar on all 5 continents on
which cranes occur, conservation successes and methods
developed in 1 region have wide applicability in other
regions; and
(11) conservationists in the United States have much to
teach and much to learn from colleagues working in other
countries in which, as in the United States, government and
private agencies cooperate to conserve threatened cranes.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to perpetuate healthy populations of cranes;
(2) to assist in the conservation and protection of cranes
by supporting--
(A) conservation programs in countries in which endangered
and threatened cranes occur; and
(B) the efforts of private organizations committed to
helping cranes; and
(3) to provide financial resources for those programs and
efforts.
SEC. 4. DEFINITIONS.
In this Act:
(1) Conservation.--
(A) In general.--The term ``conservation'' means the use of
any method or procedure to improve the viability of crane
populations and the quality of the ecosystems and habitats on
which the crane populations depend to help the species
achieve sufficient populations in the wild to ensure the
long-term viability of the species.
(B) Inclusions.--The term ``conservation'' includes the
carrying out of any activity associated with scientific
resource management, such as--
(i) protection, restoration, acquisition, and management of
habitat;
(ii) research and monitoring of known populations;
(iii) the provision of assistance in the development of
management plans for managed crane ranges;
(iv) enforcement of the Convention;
(v) law enforcement and habitat protection through
community participation;
(vi) reintroduction of cranes to the wild;
(vii) conflict resolution initiatives; and
(viii) community outreach and education.
(2) Convention.--The term ``Convention'' has the meaning
given the term in section 3 of the Endangered Species Act of
1973 (16 U.S.C. 1532).
(3) Fund.--The term ``Fund'' means the Crane Conservation
Fund established by section 6(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 5. CRANE CONSERVATION ASSISTANCE.
(a) In General.--Subject to the availability of
appropriations and in consultation with other appropriate
Federal officials, the Secretary shall use amounts in the
Fund to provide financial assistance for projects relating to
the conservation of cranes for which project proposals are
approved by the Secretary in accordance with this section.
(b) Project Proposals.--
(1) Applicants.--
(A) In general.--An applicant described in subparagraph (B)
that seeks to receive assistance under this section to carry
out a project relating to the conservation of cranes shall
submit to the Secretary a project proposal that meets the
requirements of this section.
(B) Eligible applicants.--An applicant described in this
subparagraph is--
(i) any relevant wildlife management authority of a country
that--
[[Page S4182]]
(I) is located within the African, Asian, European, or
North American range of a species of crane; and
(II) carries out 1 or more activities that directly or
indirectly affect crane populations;
(ii) the Secretariat of the Convention; and
(iii) any person or organization with demonstrated
expertise in the conservation of cranes.
(2) Required elements.--A project proposal submitted under
paragraph (1)(A) shall include--
(A) a concise statement of the purpose of the project;
(B)(i) the name of each individual responsible for
conducting the project; and
(ii) a description of the qualifications of each of those
individuals;
(C) a concise description of--
(i) methods to be used to implement and assess the outcome
of the project;
(ii) staff and community management for the project; and
(iii) the logistics of the project;
(D) an estimate of the funds and the period of time
required to complete the project;
(E) evidence of support for the project by appropriate
government entities of countries in which the project will be
conducted, if the Secretary determines that such support is
required to ensure the success of the project;
(F) information regarding the source and amount of matching
funding available for the project; and
(G) any other information that the Secretary considers to
be necessary for evaluating the eligibility of the project to
receive assistance under this Act.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall--
(A) not later than 30 days after receiving a final project
proposal, provide a copy of the proposal to other appropriate
Federal officials; and
(B) review each project proposal in a timely manner to
determine whether the proposal meets the criteria described
in subsection (d).
(2) Consultation; approval or disapproval.--Not later than
180 days after receiving a project proposal, and subject to
the availability of appropriations, the Secretary, after
consulting with other appropriate Federal officials, shall--
(A) consult on the proposal with the government of each
country in which the project is to be carried out;
(B) after taking into consideration any comments resulting
from the consultation, approve or disapprove the proposal;
and
(C) provide written notification of the approval or
disapproval to--
(i) the applicant that submitted the proposal;
(ii) other appropriate Federal officials; and
(iii) each country described in subparagraph (A).
(d) Criteria for Approval.--The Secretary may approve a
project proposal under this section if the Secretary
determines that the proposed project will enhance programs
for conservation of cranes by assisting efforts to--
(1) implement conservation programs;
(2) address the conflicts between humans and cranes that
arise from competition for the same habitat or resources;
(3) enhance compliance with the Convention and other
applicable laws that--
(A) prohibit or regulate the taking or trade of cranes; or
(B) regulate the use and management of crane habitat;
(4) develop sound scientific information on, or methods for
monitoring--
(A) the condition of crane habitat;
(B) crane population numbers and trends; or
(C) the current and projected threats to crane habitat and
population numbers and trends;
(5) promote cooperative projects on the issues described in
paragraph (4) among--
(A) governmental entities;
(B) affected local communities;
(C) nongovernmental organizations; or
(D) other persons in the private sector;
(6) carry out necessary scientific research on cranes;
(7) provide relevant training to, or support technical
exchanges involving, staff responsible for managing cranes or
habitats of cranes, to enhance capacity for effective
conservation; or
(8) reintroduce cranes successfully back into the wild,
including propagation of a sufficient number of cranes
required for this purpose.
(e) Project Sustainability; Matching Funds.--To the maximum
extent practicable, in determining whether to approve a
project proposal under this section, the Secretary shall give
preference to a proposed project--
(1) that is designed to ensure effective, long-term
conservation of cranes and habitats of cranes; or
(2) for which matching funds are available.
(f) Project Reporting.--
(1) In general.--Each person that receives assistance under
this section for a project shall submit to the Secretary, at
such periodic intervals as are determined by the Secretary,
reports that include all information that the Secretary,
after consulting with other appropriate government officials,
determines to be necessary to evaluate the progress and
success of the project for the purposes of--
(A) ensuring positive results;
(B) assessing problems; and
(C) fostering improvements.
(2) Availability to the public.--Each report submitted
under paragraph (1), and any other documents relating to a
project for which financial assistance is provided under this
Act, shall be made available to the public.
SEC. 6. CRANE CONSERVATION FUND.
(a) Establishment.--There is established in the
Multinational Species Conservation Fund established by the
matter under the heading ``MULTINATIONAL SPECIES CONSERVATION
FUND'' in title I of the Department of the Interior and
Related Agencies Appropriations Act, 1999 (112 Stat. 2681-
237; 16 U.S.C. 4246) a separate account to be known as the
``Crane Conservation Fund'', consisting of--
(1) amounts transferred to the Secretary of the Treasury
for deposit into the Fund under subsection (e);
(2) amounts appropriated to the Fund under section 8; and
(3) any interest earned on investment of amounts in the
Fund under subsection (c).
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraphs (2) and (3), upon
request by the Secretary, the Secretary of the Treasury shall
transfer from the Fund to the Secretary, without further
appropriation, such amounts as the Secretary determines are
necessary to provide assistance under section 5.
(2) Administrative expenses.--Of the amounts in the Fund
available for each fiscal year, the Secretary may expend not
more than 3 percent, or $150,000, whichever is greater, to
pay the administrative expenses necessary to carry out this
Act.
(3) Limitation.--Not more than 20 percent of the amounts
made available from the Fund for any fiscal year may be used
for projects relating to the conservation of North American
crane species.
(c) Investments of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals. Investments may be made only in interest-bearing
obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be
acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the market
price.
(3) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the
market price.
(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts required
to be transferred.
(e) Acceptance and Use of Donations.--
(1) In general.--The Secretary may accept and use donations
to provide assistance under section 5.
(2) Transfer of donations.--Amounts received by the
Secretary in the form of donations shall be transferred to
the Secretary of the Treasury for deposit in the Fund.
SEC. 7. ADVISORY GROUP.
(a) In General.--To assist in carrying out this Act, the
Secretary may convene an advisory group consisting of
individuals representing public and private organizations
actively involved in the conservation of cranes.
(b) Public Participation.--
(1) Meetings.--The advisory group shall--
(A) ensure that each meeting of the advisory group is open
to the public; and
(B) provide, at each meeting, an opportunity for interested
persons to present oral or written statements concerning
items on the agenda.
(2) Notice.--The Secretary shall provide to the public
timely notice of each meeting of the advisory group.
(3) Minutes.--Minutes of each meeting of the advisory group
shall be kept by the Secretary and shall be made available to
the public.
SEC. 8. FUNDING.
(a) Authorization of Appropriations.--There is authorized
to be appropriated to the Fund $5,000,000 for each of fiscal
years 2008 through 2012, to remain available until expended.
(b) Offset.--Of amounts appropriated to, and available at
the discretion of, the Secretary for programmatic and
administrative expenditures, a total of $25,000,000 shall be
used to establish the Fund.
______
By Mr. HARKIN:
S. 1050. A bill to amend the Rehabilitation Act of 1973 and the
Public Health Service Act to set standards for medical diagnostic
equipment and to establish a program for promoting good health, disease
prevention, and wellness and for the prevention of secondary conditions
for individuals with disabilities, and for other purposes; to
[[Page S4183]]
the Committee on Health, Education, Labor, and Pensions.
Mr. HARKIN. Mr. President, today I introduce the Promoting Wellness
for Individuals with Disabilities Act. This important legislation will
help ensure that people with disabilities have the same health and
wellness opportunities as everyone else--through increasing access to
accessible medical equipment, creating a health and wellness grant
program, and improving the competency of medical professionals in
providing care to patients with disabilities.
The health and wellness of America's citizens has long been one of my
top priorities. Too often, many Americans don't know about or lack
access to health screenings and preventive services. As Ben Franklin
said, ``An ounce of prevention is worth a pound of cure.''
However, it is often difficult for many people with disabilities to
access this ounce of prevention. Visits to physicians' offices often do
not include accessible examination and diagnostic equipment, such as
accessible examination tables, weight scales, and mammography machines
for people with mobility or balance issues. The presence of these
physical barriers can reduce the likelihood that persons with
disabilities will receive timely and appropriate medical services.
For example, one woman--a physician herself--told me that she has not
had a complete physical examination since her spinal cord injury more
than a decade ago because the tables are too high for her to get onto.
She has not had a mammogram or colonoscopy because, as she puts it, it
seems like such an effort to have to explain to the technicians her
needs, to get them to lift her, and so on. These issues, which many of
us take for granted, represent significant barriers to people with
disabilities.
Further, health and wellness programs on topics such as smoking
cessation, weight control, nutrition, or fitness may not focus on the
unique challenges faced by individuals with disabilities. And it may be
difficult for persons with particular disabilities, such as those with
intellectual disabilities, to find physicians or dentists who are
willing to take them on as patients. All of these factors can also
increase the incidence of secondary conditions for people with
disabilities.
I believe that the ``Promoting Wellness for Individuals with
Disabilities Act'' is a good first step toward addressing these
problems. The bill would: authorize the U.S. Access Board to establish
accessibility standards for medical diagnostic equipment--including
examination tables, examination chairs, weight scales, and mammography
equipment, x-ray machines, and other radiological equipment commonly
used for diagnostic purposes by medical professionals; establish a
national wellness grant program that will help fund programs or
activities for smoking cessation, weight control, nutrition or fitness
that focus on the unique challenges faced by individuals with
disabilities; preventive health screening programs for individuals with
disabilities to reduce the incidence of secondary conditions; and
athletic, exercise, or sports programs that provide individuals with
disabilities an opportunity to increase their physical activity; and
improve education and training of physicians and dentists by requiring
that medical schools, dental schools, and their residency programs
provide training to improve competency and clinical skills in providing
care to patients with disabilities, including those with intellectual
disabilities.
I invite my fellow Members to join me in support of this legislation.
Together, we can make certain that people with disabilities are not
limited in their access to quality medical care, or in their
opportunities for health and wellness.
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. 1050
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 ``Promoting Wellness for
Individuals with Disabilities Act of 2007''.
SEC. 2. ESTABLISHMENT OF STANDARDS FOR ACCESSIBLE MEDICAL
DIAGNOSTIC EQUIPMENT.
Title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et
seq.) is amended by adding at the end of the following:
``SEC. 510. ESTABLISHMENT OF STANDARDS FOR ACCESSIBLE MEDICAL
DIAGNOSTIC EQUIPMENT.
``(a) Standards.--Not later than 9 months after the date of
enactment of the Promoting Wellness for Individuals with
Disabilities Act of 2007, the Architectural and
Transportation Barriers Compliance Board shall issue
(including publishing) standards setting forth the minimum
technical criteria for medical diagnostic equipment used in
(or in conjunction with) physician's offices, clinics,
emergency rooms, hospitals, and other medical settings. The
standards shall ensure that such equipment is accessible to,
and usable by, individuals with disabilities, and shall allow
independent entry to, use of, and exit from the equipment by
such individuals to the maximum extent possible.
``(b) Medical Diagnostic Equipment Covered.--The standards
issued under subsection (a) for medical diagnostic equipment
shall apply to equipment that includes examination tables,
examination chairs (including chairs used for eye
examinations or procedures, and dental examinations or
procedures), weight scales, mammography equipment, x-ray
machines, and other radiological equipment commonly used for
diagnostic purposes by health professionals.
``(c) Interim Standards.--Until the date that the standards
described under subsection (a) are in effect, purchases of
examination tables, weight scales, and mammography equipment
made after January 1, 2008, and used in (or in conjunction
with) medical settings as described in subsection (a), shall
meet the following interim accessibility requirements:
``(1) Examination tables shall be height-adjustable between
a range of at least 18 inches to 37 inches.
``(2) Weight scales shall be capable of weighing
individuals who remain seated in a wheelchair or other
personal mobility aid.
``(3) Mammography machines and equipment shall be capable
of being used by individuals in a standing, seated, or
recumbent position, including individuals who remain seated
in a wheelchair or other personal mobility aid.
``(d) Review and Amendment.--The Architectural and
Transportation Barriers Compliance Board shall periodically
review and, as appropriate, amend the standards.''.
SEC. 3. WELLNESS GRANT PROGRAM FOR INDIVIDUALS WITH
DISABILITIES.
Part P of title III of the Public Health Service Act (42
U.S.C. 280g et seq.) is amended by adding at the end the
following new section:
``SEC. 399R. ESTABLISHMENT OF WELLNESS GRANT PROGRAM FOR
INDIVIDUALS WITH DISABILITIES.
``(a) In General.--
``(1) Individual with a disability defined.--For purposes
of this section, the term `individual with a disability' has
the meaning given the term in section 7(20) of the
Rehabilitation Act of 1973 (29 U.S.C. 705(20)), for purposes
of title V of such Act (29 U.S.C. 791 et seq.).
``(2) Wellness grant program for individuals with
disabilities.--The Secretary, in collaboration with the
National Advisory Committee on Wellness for Individuals With
Disabilities, may make grants on a competitive basis to
public and nonprofit private entities for the purpose of
carrying out programs for promoting good health, disease
prevention, and wellness for individuals with disabilities,
and preventing secondary conditions in such individuals.
``(b) Requirement of Application.--To be eligible to
receive a grant under subsection (a), a public or nonprofit
private entity shall submit to the Secretary an application
at such time, in such manner, and containing such agreements,
assurances, and information as the Secretary determines to be
necessary to carry out this section.
``(c) Authorized Activities.--With respect to promoting
good health and wellness for individuals with disabilities
described in subsection (a), activities for which the
Secretary may make a grant under such subsection include--
``(1) programs or activities for smoking cessation, weight
control, nutrition, or fitness that focus on the unique
challenges faced by individuals with disabilities regarding
these issues;
``(2) preventive health screening programs for individuals
with disabilities to reduce the incidence of secondary
conditions; and
``(3) athletic, exercise, or sports programs that provide
individuals with disabilities (including children with
disabilities) an opportunity to increase their physical
activity in a dedicated or adaptive recreational environment.
``(d) Priorities.--
``(1) Advisory committee.--The Secretary shall establish a
National Advisory Committee on Wellness for Individuals With
Disabilities that shall set priorities to carry out this
section, review grant proposals, and make recommendations for
funding, and annually evaluate the progress of the program
under this section in implementing the priorities.
``(2) Representation.--The Advisory Committee established
under paragraph (1) shall include representation by the
Department of Health and Human Services Office on Disability,
the United States Surgeon General
[[Page S4184]]
or his designee, the Centers for Disease Control and
Prevention, private nonprofit organizations that represent
the civil rights and interests of individuals with
disabilities, and individuals with disabilities or their
family members.
``(e) Dissemination of Information.--The Secretary shall,
in addition to the usual methods of the Secretary,
disseminate information about the availability of grants
under the Wellness Grant Program for Individuals with
Disabilities in a manner designed to reach public entities
and nonprofit private organizations that are dedicated to
providing outreach, advocacy, or independent living services
to individuals with disabilities.
``(f) Reports to Congress.--The Secretary shall, not later
than 180 days after the date of the enactment of the
Promoting Wellness for Individuals with Disabilities Act of
2007, and annually thereafter, submit to Congress a report
summarizing activities, findings, outcomes, and
recommendations resulting from the grant projects funded
under this section during the preceding fiscal year.
``(g) Authorization of Appropriations.--For the purpose of
making grants under this section, there are authorized to be
appropriated such sums as may be necessary.''.
SEC. 4. IMPROVING EDUCATION AND TRAINING TO PROVIDE MEDICAL
SERVICES TO INDIVIDUALS WITH DISABILITIES.
(a) Coordinated Program To Improve Pediatric Oral Health.--
Section 320A(b) of the Public Health Service Act (42 U.S.C.
247d-8(b)) is amended by--
(1) striking ``, or to increase'' and inserting ``, to
increase''; and
(2) striking the period and inserting the following ``, or
to provide training to improve competency and clinical skills
in providing oral health services to, and communicating with,
patients with disabilities (including those with intellectual
disabilities) through training integrated into the core
curriculum and patient interaction in community-based
settings.''.
(b) Children's Hospitals That Operate Graduate Medical
Education Programs.--Section 340E of the Public Health
Service Act (42 U.S.C. 256e) is amended by adding at the end
the following:
``(h) Requirement To Provide Training.--To be eligible to
receive a payment under this section, a children's hospital
shall provide training to improve competency and clinical
skills in providing health care to, and communicating with,
patients with disabilities, including those with intellectual
disabilities, as part of any approved graduate medical
residency training program provided by the hospital. Such
training shall include treating patients with disabilities in
community-based settings, as part of the usual training or
residency placement.''.
(c) Centers of Excellence.--Section 736(b) of the Public
Health Service Act (42 U.S.C. 293(b)) is amended--
(1) in paragraph (6)(B), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following:
``(7) to carry out a program to improve competency and
clinical skills of students in providing health services to,
and communicating with, patients with disabilities, including
those with intellectual disabilities; and''.
(d) Family Medicine, General Internal Medicine, General
Pediatrics, General Dentistry, Pediatric Dentistry, and
Physician Assistants.--Section 747(a) of the Public Health
Service Act (42 U.S.C. 293k(a)) is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6), by striking ``pediatric dentistry.''
and inserting the following: ``pediatric dentistry; and
``(7) to plan, develop, and operate a program for the
training of physicians or dentists, or medical or dental
residents, to improve competency and clinical skills of
physicians and dentists in providing services to, and
communicating with, patients with disabilities, including
those with intellectual disabilities.''; and
(3) by inserting at the end the following: ``The training
described in paragraph (7) shall include training integrated
into the core curriculum, as well as patient interaction with
individuals with disabilities in community-based settings, as
part of the usual training or residency placement.''.
(e) Advisory Council on Graduate Medical Education.--
Section 762(a)(1) of the Public Health Service Act (42 U.S.C.
294o(a)(1)) is amended--
(1) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(2) by adding at the end the following:
``(G) appropriate efforts to be carried out by hospitals,
schools of medicine, schools of osteopathic medicine, schools
of dentistry, and accrediting bodies with respect to changes
in undergraduate and graduate medical training to improve
competency and clinical skills of physicians in providing
health care services to, and communicating with, patients
with disabilities, including those with intellectual
disabilities; and''.
(f) Medicare Graduate Medical Education Programs.--Section
1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is
amended by adding at the end the following:
``(8) Requirement to provide training.--To be eligible to
receive a payment under this subsection, a hospital shall
provide training to improve competency and clinical skills in
providing health care to, and communicating with, patients
with disabilities, including those with intellectual
disabilities, as part of any approved medical residency
training program provided by the hospital. Such training
shall include treating patients with disabilities in
community-based settings, as part of the usual training or
residency placement.''.
(g) Effective Date.--The amendments made by subsections
(b), (c), and (f) shall take effect 180 days after the date
of enactment of this Act.
______
By Mr. DODD (for himself, Mr. Grassley, Mr. Obama, and Mrs.
Dole):
S. 1051. A bill to authorize National Mall Liberty Fund D.C. to
establish a memorial on Federal land in the District of Columbia at
Constitution Gardens previously approved to honor free persons and
slaves who fought for independence, liberty, and justice for all during
the American Revolution; to the Committee on Energy and Natural
Resources.
Mr. DODD. Mr. President, I rise today to introduce the National
Liberty Memorial Act along with my colleagues, Senators Charles E.
Grassley and Sen. Barack Obama. Representatives Donald M. Payne,
William Lacy Clay, Steve Cohen, Sheila Jackson-Lee, Henry C. ``Hank''
Johnson, Jr., Nita M. Lowey, Albio Sires, and Betty Sutton have
introduced companion language in the House.
The depth and breadth of patriotic contributions by African Americans
in the Revolutionary War have gone practically unacknowledged.
Historians are now beginning to uncover their forgotten heroism, and
estimate that 5,000 slaves and free blacks fought in the army, navy,
and militia during that harrowing time. They served and struggled in
major battles from Lexington and Concord to Yorktown and made
significant contributions to the revolutionary effort. More than 400
hailed from my State of Connecticut.
More than twenty years ago, Congress authorized a memorial to black
Revolutionary War soldiers and sailors, those who provided civilian
assistance, and the many slaves who fled slavery or filed petitions to
courts or legislatures for their freedom. A site was selected in
Constitution Gardens, fittingly near the 56 Signers of the Declaration
of Independence Memorial and the great war memorials. Unfortunately,
the group originally authorized to raise funds for and build the
memorial was unable to conclude its task, and the site sits empty
today.
A group of committed citizens has formed the National Mall Liberty
Fund DC, ``Liberty Fund D.C.'', to carry out the vision of Congress.
Last year, the National Capital Memorial Advisory Commission concluded
that there are no legal impediments that would preclude the Liberty
Fund DC from assuming the prior group's site approvals on the Mall. The
legislation that we offer today would amend the 1986 enactment to
authorize the Liberty Fund to raise money for and build this valuable
memorial.
The time has come to recognize the sacrifice and the impact of the
African Americans who fought for the birth of our country. I urge my
colleagues to support the National Liberty Memorial Act.
______
By Mr. SALAZAR (for himself and Mr. Specter):
S. 1052. A bill to amend title XIX and XXI of the Social Security Act
to provide States with the option to provide nurse home visitation
services under Medicaid and the State Children's Health Insurance
Program; to the Committee on Finance.
Mr. SALAZAR. Mr. President, I rise today to make the health of
American children and families a top priority with the Healthy Children
and Families Act of 2007, which I introduced earlier today with Senator
Specter. I am honored that Senator Specter has co-sponsored this
important legislation, and I thank Senator Specter for his leadership
and commitment to children's health and to empowering families to lead
healthy lives.
The Children's Health Insurance Program has successfully improved the
health of over six million low-income children, allowing them to grow,
learn and reach their fullest potential. In the coming months, I look
forward to working with my colleagues on the Finance Committee to
reauthorize the Children's Health Insurance Program
[[Page S4185]]
so that it continues to fulfill its promise to provide quality health
care to all low-income children.
The reauthorization of the Children's Health Insurance Program
provides us with an opportunity to strengthen and improve it. The
Healthy Children and Families Act does just that by allowing states to
offer nurse home visitation services in their Medicaid and State
Children's Health Insurance programs. The Healthy Children and Families
Act models nurse home visitation services after the Nurse Family
Partnership program.
The Nurse Family Partnership program provides low-income pregnant
women with trained, registered nurses who counsel their clients in
their homes on prenatal care, child health and development, proper
nutrition, life-coping strategies and skills, healthy family
relationships, educational development and opportunities, employment
training, family planning information, family support mechanisms and a
variety of other services that children and families need to maintain
healthy, economically stable lives.
Nurse home visitation programs empower women and children to
transform their lives, families and communities. The nurses provide the
education and tools for pregnant women and their families to improve
their health by getting early prenatal care, preventative healthcare
and proper nutrition. In addition, the nurses provide help for pregnant
women and families to change risky behaviors such as substance abuse,
and also teach pregnant women parenting skills so that they can welcome
their babies into households that are prepared to raise physically and
mentally healthy children. Nurses in the program also help mothers
continue their own education and obtain employment so that the family
is able to be economically stable.
We all recognize that the most critical time for childhood
development begins in infancy. Nurse home visitation programs nurture
the cognitive development of children during those critical early years
so that children are equipped to learn.
The success of nurse home visitation services is nothing short of
inspiring. Statistics from multiple, controlled studies prove that
mothers and children served by nurse visitation services have a: 79
percent reduction in preterm delivery; 48 percent reduction in child
abuse and neglect; 59 percent reduction in child arrests; 61 percent
fewer arrests of the mother; 72 percent fewer conviction for the
mother; 46 percent increase in father presence in household; 32 percent
fewer subsequent pregnancies; 50 percent reduction in language delays
of child age 21 months; 67 percent reduction in childhood behavioral
problems at age 6.
With these amazing, life-altering results, it is no surprise that
nurse visitation programs have been found to save taxpayer dollars. The
Rand Corporation conducted a cost-benefit analysis and found that for
every dollar spent on Nurse Family Partnership services, a savings of
$5.70 is yielded in diminished health care costs and governmental and
social costs associated with child abuse and neglect, unwanted
pregnancy, childhood developmental delays, and criminal justice costs.
The life transforming impact of nurse home visitation programs led
the Brookings Institute to recently publish a report in which it
identified nurse home visitation services as one of the most cost-
effective returns on investment for children. The Center for the Study
and Prevention of Violence has identified nurse home visitation
services such as Nurse Family Partnership as a ``blueprint'' for
violence prevention. At a time when youth violence is on the rise,
these programs hold the key to reducing violent conduct.
The Healthy Children and Families Act will allow states to offer
nurse home visitation services to over half a million pregnant women
annually. The Act will empower mothers and children to live healthy and
economically stable lives that enrich their communities. Moreover, the
Act will save scarce resources by improving prenatal health, birth
outcomes, increasing intervals between first and subsequent births,
reducing early childhood injuries and hospitalizations, reducing child
abuse and neglect, reducing involvement in the criminal justice system,
and improving maternal employment and economic self-sufficiency of
families.
I encourage my colleagues to support the Healthy Children and
Families Act as cost effective, smart legislation that will transform
the health and lives of children and families.
______
By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
S. 1053. A bill to provide for a resource study of the area known as
the Rim of the Valley Corridor in the State of California to evaluate
alternatives for protecting resources of the corridor, and for other
purposes; to the Committee on Energy and Natural Resources.
Mrs. FEINSTEIN. Mr. President, I am pleased to introduce this bill
today along with Senator Boxer as cosponsor to direct the Secretary of
the Interior to study the suitability and feasibility of expanding the
Santa Monica National Recreation Area to include the Rim of the Valley
Corridor.
The Rim of the Valley Corridor is an example of a highly threatened
habitat area, the Mediterranean chaparral ecosystem. Connecting to the
adjacent Los Padres and San Bernardino National Forests, the Corridor
encircles the San Fernando Valley, La Crescenta, Simi, Conejo, and
Santa Clarita Valleys, consisting of parts of the Santa Monica
Mountains, Santa Susanna Mountains, San Gabriel Mountains, Verdugo
Mountains, and San Rafael Hills.
There is a great need for expanded parkland in southern California.
While the Los Angeles metropolitan region has the second-largest urban
concentration in the United States, the area has one of the lowest
ratios of park-and-recreation-lands per thousand-population of any
urban area in the country.
Since the creation of the Santa Monica Recreation Area in 1978,
Federal, State, and local authorities have worked successfully together
to create and maintain the highly successful Santa Monica Mountains
National Recreation Area, hemmed in on all sides by development.
With the passage of this legislation, Congress will hold true to its
original commitment to preserve the scenic, natural, and historic
setting of the Santa Monica Mountains Recreation Area.
With the inclusion of the Rim of the Valley Corridor in the Santa
Monica Mountains Recreation Area, greater ecological health and
diversity will be promoted, particularly for larger animals like
mountain lions, bobcats, and the golden eagle. By creating a single
contiguous Rim of the Valley Trail, people will enjoy greater access to
existing trails in the Recreational Area.
Within a National Recreation Area, the National Park Service is
prohibited from exercising the powers of eminent domain, and private
property may be purchased from voluntary sellers only.
The bill includes a provision directing the Department of the
Interior to analyze any effects that a proposed expansion of the Santa
Monica Mountains National Recreation Area will have on private land
within or bordering the area. Any such effects will be thoroughly
considered as the study moves forward.
After the study called for in this bill is complete, the Secretary of
the Interior and Congress will be in a key position to determine
whether all or portions of the Rim of the Valley Corridor warrant
inclusion in the Santa Monica Mountains National Recreation Area.
This bill enjoys strong support from local and State officials and I
hope that it will have as much strong bipartisan support this Congress,
as it did last Congress. Congressman Adam Schiff plans to introduce
companion legislation for this bill in the House and I applaud his
commitment to this issue.
I urge my colleagues to support this legislation and I ask unanimous
consent that the text of this proposed 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. 1053
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 ``Rim of the Valley Corridor
Study Act''.
SEC. 2. RESOURCE STUDY OF RIM OF THE VALLEY CORRIDOR,
CALIFORNIA.
(a) Study Required.--The Secretary of the Interior shall
conduct a resource study of
[[Page S4186]]
the lands, waters, and interests of the area known as the Rim
of the Valley Corridor in the State of California to evaluate
a range of alternatives for protecting resources of the
corridor, including the alternative of establishing all or a
portion of the corridor as a unit of the Santa Monica
Mountains National Recreation Area. The Rim of the Valley
Corridor generally includes the mountains encircling the San
Fernando, La Crescenta, Santa Clarita, Simi, and Conejo
Valleys in California.
(b) Study Topics.--In conducting the study, the Secretary
shall seek to achieve the following objectives:
(1) Protecting wildlife populations in the Santa Monica
Mountains National Recreation Area by preserving habitat
linkages and wildlife movement corridors between large blocks
of habitat in adjoining regional open space.
(2) Establishing connections along the State-designated Rim
of the Valley Trail System, with the aim of creating a single
contiguous Rim of the Valley Trail and encompassing major
feeder trails connecting adjoining communities and regional
transit to the trail system.
(3) Preserving recreational opportunities and facilitating
access to open space for a variety of recreational users.
(4) Protecting rare, threatened, or endangered plant and
animal species, and rare or unusual plant communities and
habitats.
(5) Protecting historically significant landscapes,
districts, sites, and structures.
(6) Respecting the needs of communities within, or in the
vicinity of, the Rim of the Valley Corridor.
(c) Private Property.--As part of the study, the Secretary
shall analyze the potential impact that establishment of all
or a portion of the Rim of the Valley Corridor as a unit of
the Santa Monica Mountains National Recreation Area is likely
to have on land within or bordering the area that is
privately owned at the time the study is conducted. The
report required by subsection (g) shall discuss the concerns
of private landowners within the existing boundaries of the
Santa Monica Mountains National Recreation Area.
(d) Cost Effectiveness.--As part of evaluating each
alternative considered under the study, the Secretary shall
estimate the impact of implementing the alternative on
staffing and other potential costs to Federal, State, and
local agencies and other organizations.
(e) Consultation.--The Secretary shall conduct the study in
consultation with appropriate Federal, State, county, and
local government entities.
(f) Study Criteria.--In addition to the special
considerations specified in this section, the Secretary shall
conduct the study using the criteria prescribed for the study
of areas for potential inclusion in the National Park System
in section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
(g) Transmission of Study.--Within three years after funds
are first made available for the study, the Secretary shall
transmit a report containing the results of the study to the
Committee on Energy and Natural Resources of the Senate and
to the Committee on Natural Resources of the House of
Representatives.
______
By Mrs. FEINSTEIN:
S. 1054. A bill to amend the Reclamation Wastewater and Groundwater
Study and Facilities Act to authorize the Secretary of the Interior to
participate in the Inland Empire regional recycling project and in the
Cucamonga Valley Water District recycling project; to the Committee on
Energy and Natural Resources.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation
to authorize water recycling and other water supply projects by the
Inland Empire Utilities Agency and the Cucamonga Valley Water District.
These projects will produce approximately 95,000 acre-feet of new water
annually in one of the most rapidly growing regions in the United
States, reducing the need for imported water from the Colorado River
and northern California through the California Water Project.
The federal investment required is limited to approximately 10
percent of the projects' cost, or about $30 million.
This legislation is intended to be the companion to H.R. 122,
sponsored by David Dreier, Grace Napolitano, Ken Calvert, Joe Baca, and
Gary Miller.
This legislation has broad support and has already passed the House,
and in fact similar legislation to H.R. 122 also passed the House of
Representatives in each of the previous two Congresses.
It is time for this legislation to pass the Senate as well and be
enacted into law. Environmental groups such as the Mono Lake Committee,
Environmental Defense, Clean Water and Natural Resources Defense
Council strongly support the water recycling and groundwater
remediation projects in this bill. Business leaders such as Southern
Cal Edison and Building Industry Association also support these
projects.
The Inland Empire Regional Water Recycling Initiative would authorize
two project components. The first will be constructed by the Inland
Empire Utilities Agency--IEUA--and will produce approximately 90,000
acre feet of new water annually. The second of these projects, to be
constructed by the Cucamonga Valley Water District--CVWD--will produce
an additional 5,000 acre feet of new water annually.
The Inland Empire Regional Water Recycling Initiative has the support
of all member agencies of IEUA, as well as the water agencies
downstream in Orange County. IEUA encompasses approximately 242 square
miles and serves the cities of Chino, Chino Hills, Fontana--through the
Fontana Water Company--Ontario, Upland, Montclair, Rancho Cucamonga--
through the Cucamonga Valley Water District--and the Monte Vista Water
District.
I want to say a few words about the importance of water recycling
projects.
The development of recycled water can bring significant amounts of
water ``on line'' in a relatively short period of time. Recycled water
provides our State and region with the ability to ``stretch'' existing
water supplies significantly and in so doing, minimize conflict and
address the many needs that exist. According to the State of
California's Recycled Water Task Force, water recycling is a critical
part of California's water future with an estimated 1.5 million acre-
feet of new supplies being developed over the next 25 years.
Water recycling is also a bipartisan initiative in California, as
witnessed by the many Republican and Democratic House cosponsors of the
House versions of the bill I introduce today.
Water recycling also has significant greenhouse gas reduction
benefits. The greenhouse gas emission reductions attributed to local
development and use of recycled water within Inland Empire Utilities
Agency's service area is roughly 100,000 tons of CO2
equivalents per year.
With only a small percentage of the total recycled water available
being used in Southern California, approximately 10 percent, there is a
huge potential for additional energy savings and greenhouse gas
reductions from aggressive development of recycled water supplies.
California is not the only State engaged in water recycling. Today,
water recycling is an essential water supply element in Albuquerque,
Phoenix, Denver, Salt Lake City, Tucson, EI Paso, San Antonio,
Portland, and other western metropolitan areas.
I urge my colleagues to support this bill to help meet the West's
water supply needs and to reduce our dependence on the Colorado River.
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. 1054
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. INLAND EMPIRE AND CUCAMONGA VALLEY RECYCLING
PROJECTS.
(a) Short Title.--This section may be cited as the ``Inland
Empire Regional Water Recycling Initiative''.
(b) In General.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) is amended by adding at the end the
following:
``SEC. 1639. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT.
``(a) In General.--The Secretary, in cooperation with the
Inland Empire Utilities Agency, may participate in the
design, planning, and construction of the Inland Empire
regional water recycling project described in the report
submitted under section 1606(c).
``(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall
not be used for operation and maintenance of the project
described in subsection (a).
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000.
``(e) Sunset of Authority.--The authority of the Secretary
to carry out any provisions of this section shall terminate
10 years after the date of the enactment of this section.
``SEC. 1640. CUCAMONGA VALLEY WATER RECYCLING PROJECT.
``(a) In General.--The Secretary, in cooperation with the
Cucamonga Valley Water District, may participate in the
design, planning, and construction of the Cucamonga
[[Page S4187]]
Valley Water District satellite recycling plants in Rancho
Cucamonga, California, to reclaim and recycle approximately 2
million gallons per day of domestic wastewater.
``(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed 25
percent of the capital cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall
not be used for operation and maintenance of the project
described in subsection (a).
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $10,000,000.
``(e) Sunset of Authority.--The authority of the Secretary
to carry out any provisions of this section shall terminate
10 years after the date of the enactment of this section.''.
(c) Conforming Amendments.--The table of sections in
section 2 of the Reclamation Projects Authorization and
Adjustment Act of 1992 (43 U.S.C. prec. 371) is amended by
inserting after the item relating to section 1638 the
following:
``1639. Inland Empire Regional Water Recycling Program.
``1640. Cucamonga Valley Water Recycling Project.''.
______
By Mr. BIDEN:
S. 1055. A bill to promote the future of the American automobile
industry, and for other purposes; to the Committee on Finance.
Mr. BIDEN. Mr. President, today I am introducing The American
Automobile Industry Promotion Act of 2007 to jump-start next generation
battery technology development in the United States and extend
incentives to American-made highly efficient vehicles.
This legislation authorizes $100 million a year for 5 years to
advance new battery technology--an amount double the administration's
current budget request. On a national and international level, we must
do whatever it takes to help our domestic auto manufacturers remain
competitive.
Right now, the Japanese dominate the market for lithium ion batteries
because they invested hundreds of millions of dollars in developing
this technology and in supporting their domestic industry. And, the
Koreans and the Chinese are not far behind. American auto manufacturers
are playing catch-up and we need to move quickly.
Specifically, I am proposing to support the development of advanced
electric components, systems and vehicles, by providing funds for
battery research to national laboratories, small businesses, and
institutes of higher learning. The bill will also establish, through a
competitive selection process, an Industry Alliance of private, U.S.
based, for-profit firms whose primary business is battery development.
The Industry Alliance would be an advisory resource on short and long
term battery technology development.
The new research initiative will have four major areas of focus: (1)
Research and Development including battery technology, high-efficiency
charging systems, high-powered drive-train systems, control systems and
power train development, and nanomaterial technology for battery and
fuel cell systems. (2) Demonstration. The initiative also creates a
demonstration program which would devote resources toward
demonstration, testing and evaluation of hybrid electric vehicles for
many different applications including military, mass market passenger
and SUV vehicles. (3) Education. The initiative will support curriculum
development in secondary, high school, as well as higher education
institutions that focus on electric drive systems and component
engineering. (4) Testing. Finally, the initiative would work with the
EPA to develop testing and certification procedures for criteria
pollutants, fuel economy, and petroleum use in vehicles.
In addition to research and development for the lithium ion battery,
the American Automobile Industry Promotion Act will also set a national
standard for biodiesel, a cleaner-burning fuel made from natural and
renewable sources; and expand tax credit eligibility for consumers who
purchase more fuel-efficient diesel vehicles. Today's diesels are
cleaner than their predecessors, are in compliance with EPA emissions
standards, and are 30 percent more fuel efficient than an equivalent
gasoline engine. Specifically, the bill expands the emissions
requirements to qualify for a tax credit for various weight diesel
vehicles, increasing the number of American-manufactured more fuel
efficient diesel vehicles that qualify. This provision would expire in
four years, at which time all highly efficient vehicles will have to
meet higher emissions standards to qualify for the tax credit.
Now is the time to act. It's not too late, but we do not have the
luxury of waiting. If we are ever to be truly competitive in the global
auto market and free from our dependence on foreign oil, we must move
forward on all fronts.
I ask unanimous consent that the text of the legislation be printed
in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1055
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 ``American Automobile Industry
Promotion Act of 2007''.
SEC. 2. ADVANCED ENERGY INITIATIVE FOR VEHICLES.
(a) Purposes.--The purposes of this section are--
(1) to enable and promote, in partnership with industry,
comprehensive development, demonstration, and
commercialization of a wide range of electric drive
components, systems, and vehicles using diverse electric
drive transportation technologies;
(2) to make critical public investments to help private
industry, institutions of higher education, National
Laboratories, and research institutions to expand innovation,
industrial growth, and jobs in the United States;
(3) to expand the availability of the existing electric
infrastructure for fueling light duty transportation and
other on-road and nonroad vehicles that are using petroleum
and are mobile sources of emissions--
(A) including the more than 3,000,000 reported units (such
as electric forklifts, golf carts, and similar nonroad
vehicles) in use on the date of enactment of this Act; and
(B) with the goal of enhancing the energy security of the
United States, reduce dependence on imported oil, and reduce
emissions through the expansion of grid-supported mobility;
(4) to accelerate the widespread commercialization of all
types of electric drive vehicle technology into all sizes and
applications of vehicles, including commercialization of
plug-in hybrid electric vehicles and plug-in hybrid fuel cell
vehicles; and
(5) to improve the energy efficiency of and reduce the
petroleum use in transportation.
(b) Definitions.--In this section:
(1) Battery.--The term ``battery'' means an energy storage
device used in an on-road or nonroad vehicle powered in whole
or in part using an off-board or on-board source of
electricity.
(2) Electric drive transportation technology.--The term
``electric drive transportation technology'' means--
(A) a vehicle that--
(i) uses an electric motor for all or part of the motive
power of the vehicle; and
(ii) may use off-board electricity, including battery
electric vehicles, fuel cell vehicles, engine dominant hybrid
electric vehicles, plug-in hybrid electric vehicles, plug-in
hybrid fuel cell vehicles, and electric rail; or
(B) equipment relating to transportation or mobile sources
of air pollution that uses an electric motor to replace an
internal combustion engine for all or part of the work of the
equipment, including corded electric equipment linked to
transportation or mobile sources of air pollution.
(3) Engine dominant hybrid electric vehicle.--The term
``engine dominant hybrid electric vehicle'' means an on-road
or nonroad vehicle that--
(A) is propelled by an internal combustion engine or heat
engine using--
(i) any combustible fuel; and
(ii) an on-board, rechargeable storage device; and
(B) has no means of using an off-board source of
electricity.
(4) Fuel cell vehicle.--The term ``fuel cell vehicle''
means an on-road or nonroad vehicle that uses a fuel cell (as
defined in section 803 of the Energy Policy Act of 2005 (42
U.S.C. 16152)).
(5) Initiative.--The term ``Initiative'' means the Advanced
Battery Initiative established by the Secretary under
subsection (f)(1).
(6) Nonroad vehicle.--The term ``nonroad vehicle'' has the
meaning given the term in section 216 of the Clean Air Act
(42 U.S.C. 7550).
(7) Plug-in hybrid electric vehicle.--The term ``plug-in
hybrid electric vehicle'' means an on-road or nonroad vehicle
that is propelled by an internal combustion engine or heat
engine using--
(A) any combustible fuel;
(B) an on-board, rechargeable storage device; and
(C) a means of using an off-board source of electricity.
(8) Plug-in hybrid fuel cell vehicle.--The term ``plug-in
hybrid fuel cell vehicle'' means an onroad or nonroad vehicle
that is propelled by a fuel cell using--
(A) any compatible fuel;
(B) an on-board, rechargeable storage device; and
(C) a means of using an off-board source of electricity.
[[Page S4188]]
(9) Industry alliance.--The term ``Industry Alliance''
means the entity selected by the Secretary under subsection
(f)(2).
(10) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(c) Goals.--The goals of the electric drive transportation
technology program established under subsection (e) shall be
to develop, in partnership with industry and institutions of
higher education, projects that focus on--
(1) innovative electric drive technology developed in the
United States;
(2) growth of employment in the United States in electric
drive design and manufacturing;
(3) validation of the plug-in hybrid potential through
fleet demonstrations; and
(4) acceleration of fuel cell commercialization through
comprehensive development and commercialization of battery
technology systems independent of fundamental fuel cell
vehicle technology development.
(d) Assessment.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall offer to enter
into an arrangement with the National Academy of Sciences--
(1) to conduct an assessment (in cooperation with industry,
standards development organizations, and other entities, as
appropriate), of state-of-the-art battery technologies with
potential application for electric drive transportation;
(2) to identify knowledge gaps in the scientific and
technological bases of battery manufacture and use;
(3) to identify fundamental research areas that would
likely have a significant impact on the development of
superior battery technologies for electric drive vehicle
applications; and
(4) to recommend steps to the Secretary to accelerate the
development of battery technologies for electric drive
transportation.
(e) Program.--The Secretary shall conduct a program of
research, development, demonstration, and commercial
application for electric drive transportation technology,
including--
(1) high-capacity, high-efficiency batteries;
(2) high-efficiency on-board and off-board charging
components;
(3) high-powered drive train systems for passenger and
commercial vehicles and for nonroad equipment;
(4) control system development and power train development
and integration for plug-in hybrid electric vehicles, plug-in
hybrid fuel cell vehicles, and engine dominant hybrid
electric vehicles, including--
(A) development of efficient cooling systems;
(B) analysis and development of control systems that
minimize the emissions profile when clean diesel engines are
part of a plug-in hybrid drive system; and
(C) development of different control systems that optimize
for different goals, including--
(i) battery life;
(ii) reduction of petroleum consumption; and
(iii) green house gas reduction;
(5) nanomaterial technology applied to both battery and
fuel cell systems;
(6) large-scale demonstrations, testing, and evaluation of
plug-in hybrid electric vehicles in different applications
with different batteries and control systems, including--
(A) military applications;
(B) mass market passenger and light-duty truck
applications;
(C) private fleet applications; and
(D) medium- and heavy-duty applications;
(7) a nationwide education strategy for electric drive
transportation technologies providing secondary and high
school teaching materials and support for education offered
by institutions of higher education that is focused on
electric drive system and component engineering;
(8) development, in consultation with the Administrator of
the Environmental Protection Agency, of procedures for
testing and certification of criteria pollutants, fuel
economy, and petroleum use for light-, medium-, and heavy-
duty vehicle applications, including consideration of--
(A) the vehicle and fuel as a system, not just an engine;
and
(B) nightly off-board charging; and
(9) advancement of battery and corded electric
transportation technologies in mobile source applications
by--
(A) improvement in battery, drive train, and control system
technologies; and
(B) working with industry and the Administrator of the
Environmental Protection Agency--
(i) to understand and inventory markets; and
(ii) to identify and implement methods of removing barriers
for existing and emerging applications.
(f) Advanced Battery Initiative.--
(1) In general.--The Secretary shall establish and carry
out an Advanced Battery Initiative in accordance with this
subsection to support research, development, demonstration,
and commercial application of battery technologies.
(2) Industry alliance.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
competitively select an Industry Alliance to represent
participants who are private, for-profit firms headquartered
in the United States, the primary business of which is the
manufacturing of batteries.
(3) Research.--
(A) Grants.--The Secretary shall carry out research
activities of the Initiative through competitively-awarded
grants to--
(i) researchers, including Industry Alliance participants;
(ii) small businesses;
(iii) National Laboratories; and
(iv) institutions of higher education.
(B) Industry alliance.--The Secretary shall annually
solicit from the Industry Alliance--
(i) comments to identify advanced battery technology needs
relevant to electric drive technology;
(ii) an assessment of the progress of research activities
of the Initiative; and
(iii) assistance in annually updating advanced battery
technology roadmaps.
(4) Availability to the public.--The information and
roadmaps developed under this subsection shall be available
to the public.
(5) Preference.--In making awards under this subsection,
the Secretary shall give preference to participants in the
Industry Alliance.
(g) Cost Sharing.--In carrying out this section, the
Secretary shall require cost sharing in accordance with
section 988 of the Energy Policy Act of 2005 (42 U.S.C.
16352).
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $100,000,000 for
each of fiscal years 2008 through 2012.
SEC. 3. AVAILABILITY OF NEW ADVANCED LEAN BURN TECHNOLOGY
MOTOR VEHICLE CREDIT FOR HIGH-EFFICIENCY DIESEL
MOTOR VEHICLES.
(a) In General.--Section 30B(c)(3)(A) of the Internal
Revenue Code of 1986 (defining new advanced lean burn
technology motor vehicle credit) is amended--
(1) by adding ``and'' at the end of clause (ii), and
(2) by striking clause (iv).
(b) Effective Date.--The amendments made by this section
shall apply to property purchased after the date of the
enactment of this Act.
SEC. 4. BIODIESEL STANDARDS.
Section 211 of the Clean Air Act (42 U.S.C. 7545) is
amended--
(1) by redesignating the first subsection (r) (relating to
the definition of the term ``manufacturer'') as subsection
(t) and moving the subsection so as to appear after
subsection (s); and
(2) by inserting after subsection (o) the following:
``(p) Biodiesel Standards.--
``(1) Definitions.--In this subsection:
``(A) Biodiesel.--
``(i) In general.--The term `biodiesel' means the monoalkyl
esters of long chain fatty acids derived from plant or animal
matter that meet--
``(I) the registration requirements for fuels and fuel
additives established by the Environmental Protection Agency
under section 211 of the Clean Air Act (42 U.S.C. 7545); and
``(II) the requirements of the American Society of Testing
and Materials D6751.
``(ii) Inclusions.--The term `biodiesel' includes esters
described in subparagraph (A) derived from--
``(I) animal waste, including poultry fat, poultry waste,
and other waste material; and
``(II) municipal solid waste, sludge, and oil derived from
wastewater or the treatment of wastewater.
``(B) Biodiesel blend.--
``(i) In general.--The term `biodiesel blend' means a
mixture of biodiesel and diesel fuel (as defined in section
4083(a) of the Internal Revenue Code of 1986).
``(ii) Inclusions.--The term `biodiesel blend' includes--
``(I) a blend of biodiesel and diesel fuel approximately 5
percent of the content of which is biodiesel (commonly known
as `B5'); and
``(II) a blend of biodiesel and diesel fuel approximately
20 percent of the content of which is biodiesel (commonly
known as `B20').
``(2) Standards.--Not later than 180 days after the date of
enactment of the American Automobile Industry Promotion Act
of 2007, the Administrator shall promulgate regulations to
establish standards for each biodiesel blend that is sold or
introduced into commerce in the United States.''.
______
By Mrs. FEINSTEIN (for herself and Mr. Brownback):
S. 1056. A bill to provide for a comprehensive Federal effort
relating to early detection of, treatments for, and the prevention of
cancer, and for other purposes; to the Committee on Health, Education,
Labor, and Pensions.
Mrs. FEINSTEIN. Mr. President, I rise, along with my Senate Cancer
Coalition cochair, Senator Brownback, to introduce the National Cancer
Act of 2007, a bipartisan blueprint for winning the war against cancer.
It includes: grants for targeted drug development; creating ``cancer
quarterbacks'' in Medicare; Medicaid coverage for smoking cessation
treatments; pilot projects for expanding colorectal cancer screening in
underserved populations; continued research into the possible benefits
of early detection for lung cancer; loan repayment assistance for
cancer prevention researchers; incentives for research into drugs that
[[Page S4189]]
prevent cancer from developing and spreading in the first place;
provisions to promote the collection and storage of tissue sample, to
give researchers the tools they need to use genomic research to create
individualized cures; promoting access to clinical trials, as well as
investigational therapies for those who are terminally ill; addressing
the health needs of the growing number of cancer survivors.
Just over 35 years ago, President Nixon signed into law the original
National Cancer Act, creating the National Cancer Institute and making
cancer research a priority of the Federal Government. This work has led
to tremendous breakthroughs against cancer, including innovative drugs,
treatments, and a better understanding of the factors that lead to
cancer in the first place. Last year, death rates decreased for 11 of
the 15 cancers most common in men, and 10 of the cancers most common in
women.
Sixty-five percent of people diagnosed with cancer can now expect to
survive at least 5 years. This is good news. But it is not enough. The
cost of cancer, in both human and economic terms, remains staggering.
An estimated 1,399,790 Americans were diagnosed with some form of
cancer last year.
Approximately 1 of 3 women will develop cancer at some point in her
lifetime; for men, the risk is slightly less than 1 in 2.
The National Institutes of Health estimated the overall cost of
cancer in 2005 at $209.9 billion.
The price of inaction is too steep. Cancer is, first and foremost, a
disease of aging. About 76 percent of cancer cases are diagnosed in
patients at age 55 or older. If no fundamental changes are made, the
aging of the Baby Boom generation will bring a 20 percent increase in
cancer diagnoses.
In the face of these challenges, the National Cancer Institute, NCI,
with broad support in the cancer community, set the ambitious goal of
ending death and suffering from cancer by 2015. This goal has generated
unprecedented excitement and unity, with over 80 Members of the United
States Senate signing a letter in support of the effort.
It is time to reexamine and reorient our Nation's cancer policy to
meet this ambitious goal. This does not mean that cancer will be
eradicated by 2015. As our population ages, cancer will not go away.
But we can change the meaning of a cancer diagnosis, and that is what
the 2015 goal is about.
Meeting this goal will take a comprehensive approach. It requires
detecting cancer earlier, before it spreads and becomes harder to
treat. It requires targeted therapies, capable of killing cancer cells
while leaving healthy cells intact. We must provide access to high
quality cancer care for those who do get sick. We must also understand
more about why people get cancer in the first place, and ways it can be
prevented.
Our legislation takes a multifaceted approach to changing the very
nature of a cancer diagnosis. The National Cancer Act of 2007 will do
the following:
Authorize grants for the development of targeted drugs.
New drug therapies continue to lead us closer to the day in which
cancer is a treatable, chronic condition controlled with a simple pill
or injection. It has now been 5 years since the drug company Novartis
won approval for Gleevec, a targeted drug that has saved the lives of
countless patients with Chronic Myeloid Leukemia, CML.
Gleevec demonstrates the promise of this new kind of drug therapy. It
blocks the enzymes that help cancer cells grow and divide, leaving
healthy cells untouched. When this drug was first introduced, CML
patients who were near death recovered and left the hospital. Yet it
could not be determined if their remission would last, or if long-term
use of this revolutionary drug would prove safe.
We now know that Gleevec is fulfilling this early promise. Before the
advent of this drug, CML patients would often suffer a relapse after 2
or 3 years. But a recent study of CML patients taking Gleevec has
demonstrated a remarkable 89 percent survival rate after 5 years. The
cancer progressed to a more serious stage in only 7 percent of patients
during this time period, and only 5 percent were forced to discontinue
treatment because of side effects.
These results suggest that patients may be able to stay on Gleevec
indefinitely, keeping this formerly deadly cancer under control while
leading full and productive lives.
Targeted therapies are now offering hope to patients with many
different kinds of cancer: Herceptin for some breast cancers, Iressa
for those with small cell lung cancer, Avastin for colorectal cancer.
Avastin can extend survival by interfering with the growth of blood
vessels that feed the tumor, literally starving it.
These drugs are the future of cancer research. We need more drugs
like Gleevec, which transform cancer from a killer to a controllable
health condition. This legislation would authorize NCI to make grants
to further develop these treatments.
To help with the development of targeted drugs, the bill also calls
for the establishment of a task force on surrogate endpoints and
biomarkers. They are the mechanisms for measuring the efficacy of
cancer treatment at the molecular level, allowing doctors to precisely
gauge how a patient is reacting to a treatment, or if a cancer is
progressing.
Developing biomarkers for different types of cancer is an essential
step, and our bill will establish a program to develop the biomarkers
with the most immediate clinical promise.
The bill will also create special reimbursements for coordinating
physicians, or ``cancer quarterbacks'' in Medicare. Successful cancer
treatment is increasingly complex, reaching across the entire spectrum
of the medical profession. It can involve lab tests, CT-scans, surgery,
chemotherapy, and a full team of specialists who offer this care. Many
patients have no single physician who can guide them through the
complicated and sometimes contradictory course of cancer treatment, no
professional to advise them what is best.
This bill would require Medicare to pay oncology doctors or nurses to
become the overall managers of patients' care, in effect providing
every cancer patient with a ``cancer quarterback'' physician to help
them coordinate care and make the necessary decisions.
This cancer quarterback can direct care in the manner that best meets
the patient's needs, instead of focusing on only a small segment of his
or her care.
This legislation requires that State Medicaid drug programs cover
smoking cessation treatments in the same manner as all other approved
therapies. I have long believed that we will not truly address the
burden of cancer until we address tobacco use. I have asked all kinds
of cancer experts about what we can do to stop death from cancer, and
their answer is always the same: Stop tobacco use.
Tobacco causes 30 percent of cancer deaths and 1 in 5 of all deaths
in the United States. It is the leading cause of preventable death.
Smoking related costs total $167 billion annually.
According to the CDC, more than 70 percent of American smokers would
like to quit. Studies indicate that tobacco use treatment, including
smoking cessation aids, will double their chances of success.
Yet under current law, State Medicaid programs are exempted from
providing coverage of smoking cessation agents in the same way as they
provide coverage of other drugs. Other exemptions include fertility
treatments, drugs to promote hair growth, and drugs for erectile
dysfunction.
Simply put, smoking cessation aids, which are FDA approved and proven
to be effective, do not belong on this list. Denying people access to
treatments to help them break a deadly and expensive addiction is
flawed policy.
Our bill will remove tobacco cessation products from this list of
exemptions, leveling the playing field with other FDA approved
products.
Our bill establishes pilot projects for expanding colorectal cancer
screening for low-income, uninsured individuals. The Breast and
Cervical Cancer Early Detection Program has proven very successful in
providing low income women with access to potentially life saving
screenings. It is now time to provide similar access to colorectal
cancer screening.
The need is great. A 2006 study conducted by Northwestern University
researchers found that only 7 percent of minority patients without
regular
[[Page S4190]]
health care access at risk for developing colon cancer are being
screened. A 2005 study of New York City residents found that those
least likely to have been recommended colorectal screening are low-
income or uninsured.
Early detection allows physicians to identify patients with pre-
cancerous polyps, and treat them before cancer even develops. These
pilot projects identify the best ways to provide access to this
lifesaving care for those who are not currently receiving recommended
screenings.
This bill will authorize continued research on the potential of CT
scans to detect lung cancer early. before it becomes fatal. Despite all
the promising advances against many types of cancer, lung cancer
remains the Nation's leading cause of cancer death in both men and
women. About 20,000 people who have never smoked are diagnosed with
lung cancer each year, and this number is increasing.
We need to learn more about how to screen for lung cancer and detect
it early, before it has advanced. There is much we need to learn before
scientists can make a definitive recommendation about screening and its
potential benefits for both smokers and non-smokers.
To help scientists learn more, this bill will authorize funding to
provide CT scans to those with a history of heavy smoking. This further
study will help determine whether this promising technology is indeed
the method we need to make progress against the leading cancer killer.
This legislation expands the existing NIH loan repayment program to
provide assistance to researchers who make a commitment to working on
cancer prevention research. This will encourage the best and brightest
to pursue work that will help us to better understand what causes
cancer and how we can stop it from occurring.
The bill will encourage and support research into new drugs and
treatments, called chemopreventatives, which can stop precancerous
cells from becoming tumors. Decades of research has enabled physicians
to prescribe medications to prevent serious illness, such as statin
drugs to lower cholesterol, and drugs to treat high blood pressure
before it leads to strokes.
Progress in drug development to stop cancer has been far more
limited. The promise of this field was made clear when, last year, the
Food and Drug Administration, FDA, licensed Gardasil, a vaccine to stop
the spread of cervical cancer. Gardasil protects against the two forms
of the human papillomavirus, or HPV, which causes approximately 70
percent of cervical cancer cases. This vaccine could virtually
eliminate cervical cancer during the lifetime of our daughters and
granddaughters.
We need more chemoprevention techniques like Guardasil to guard
against other types of cancer. People at high risk for a specific type
of cancer may one day take a daily pill to stop abnormal cells from
progressing to full blown cancer. Though it will take a long time for
these promises to become reality, this research is the future of cancer
care.
In order to encourage this work, our legislation would grant Orphan
Drug Act protections to treatments designed to treat high-risk
conditions in individuals who have not yet been diagnosed with cancer,
but if left untreated, face a high risk of developing cancer.
This research will require new resources in order to have the best
chance of success. To build the foundations for success, our bill will
encourage biospecimen collection.
Scientists are beginning to understand the significant role that
genetics plays in the development of cancer. To encourage further
study, scientists need access to a variety of tissue, blood, and other
samples from both cancer patients and those who are healthy. Our bill
codifies guidelines for the collection of these samples and requires
that the Medicare Payment Advisory Commission, MedPAC, draft a report
examining potential payment systems for these activities.
We are on the cusp of an age of personalized medicine, in which a
cancer patient's tumor can be analyzed to determine what type of
treatment will be most effective. Patients will no longer undergo round
after round of chemotherapy or radiation in the hopes of finding a
treatment regime that works. Collecting and storing blood and tissue
samples will provide our researchers with the materials they need to
make these important discoveries.
Our bill will promote clinical trial enrollment. Patients willing to
try these cutting edge cancer therapies as they emerge face a variety
of obstacles. They, or their physicians, might not know what clinical
trial opportunities exist. They may need to travel to a far away
facility to participate. Our legislation requires the Director of the
National Cancer Institute to create a clinical trials program, which
includes: an outreach program, to assure that all patients, especially
minorities, participate in trials; and a coordination program, to help
patients with logistical challenges and the support costs of trial
participation.
Our bill creates an oncology compassionate access program. No patient
should lose a battle with cancer because bureaucratic hurdles denied
him or her access to a potentially lifesaving therapy. Our bill
provides for the creation of a new compassionate access program to
speed access of investigational therapies for terminally ill patients
who have exhausted all other available treatment options.
Our bill will address the needs of a growing number of cancer
survivors. As cancer increasingly becomes a manageable, chronic
condition, there will be an increasing number of cancer survivors
confronting yet-unknown health challenges. Current cancer survivors
number almost 10 million, and this number will only grow. This bill
will: expand current cancer surveillance systems to track the health
status of cancer survivors; implement a national cancer survivorship
action plan, including post treatment health programs; require States
to consider the needs of cancer survivors, and their families, in
addition to current patients, when drafting their comprehensive cancer
control plans.
Require the National Cancer Institute and the National Institute of
Environmental Health Sciences, NIEHS, to report on their strategies,
benchmarks, and progress in meeting the 2015 goal. This will allow
Congress to adjust policy as necessary to ensure that the promise of
ending death and suffering from cancer is realized.
The state of cancer care has changed drastically since 1971, and it
is time that our Federal policies reflect these changes. The 2015 goal
is ambitious, and it requires no less than ambitious legislation in
response.
I urge you to join me in supporting this legislation.
Mr. BROWNBACK. Mr. President, today, I introduce the National Cancer
Act of 2007, along with my colleague Dianne Feinstein. Thirty-five
years ago, President Richard Nixon signed the original National Cancer
Act, and today, we are moving forward with a new, comprehensive bill
that takes us one step closer to ending death and suffering from cancer
within 10 years. This bill addresses impact-oriented issues such as the
development of cancer prevention drugs and a screening for the most
lethal cancer.
Lung cancer is the number one cancer killer in America. Individuals
afflicted with lung cancer historically have had only 15 percent
survival rate. Our legislation includes a new demonstration program to
continue research on a screening that uses a spiral CT scan. Screenings
using this tool and appropriate follow-up procedures have shown very
encouraging results in early detection.
We also include accountability mechanisms in this bill. We request a
report from the Federal Government regarding the manner in which
Federal cancer research funding is being spent by requiring an estimate
of the number of individuals who have benefited from such investment
and the number of new treatments developed.
Another issue our legislation addresses is the fact that less than 5
percent of adults diagnosed with cancer each year will be treated
through enrollment in a clinical trial; this is often due to lack of
awareness. Our bill creates an education program about the availability
of clinical trials.
Our legislation also includes efforts to ensure the availability of
compassionate access options. Making decisions about treatment options
for cancer is a decision best made between the cancer patient and their
doctor. Compassionate access offers cancer patients, who have exhausted
all of their
[[Page S4191]]
treatment options, access to promising investigational treatments that
have not yet received full approval by the Food and Drug
Administration.
Finally, our bill includes measures to accelerate the progress of the
National Cancer Institute's initiative of mapping the genome of the
most lethal cancers in America, which will lead to earlier cancer
diagnosis and the use of personalized medicine.
I look forward to working with my colleague Dianne Feinstein and
others in moving forward with this legislation in the Senate.
______
By Mr. LEVIN (for himself and Ms. Stabenow):
S. 1058. A bill to expedite review of the Grand River Bands of Ottawa
Indians of Michigan to secure a timely and just determination of
whether the Bands are entitled to recognition as a Federal Indian tribe
so that the Bands may receive eligible funds before the funds are no
longer available; to the Committee on Indian Affairs.
Mr. LEVIN. Mr. President, the Grand River Bands of Ottawa Indians,
commonly referred to as the Grand River Bands, has been in some form
indigenous to the State of Michigan for over 200 years. The Grand River
Bands consists of the 19 bands of Indians who occupied the territory
along the Grand River in what is now southwest Michigan, including the
cities of Grand Rapids and Muskegon. The members of the Grand River
Bands are the descendants and political successors to signatories of
the 1821 Treaty of Chicago and the 1836 Treaty of Washington. They are
also one of six tribes which is an original signatory of the 1855
Treaty of Detroit. However, the Grand River Bands is the only one of
those tribes which is not recognized by the Federal Government.
In the 109th Congress, I introduced a bill, with my colleague,
Senator Stabenow, which would direct the Bureau of Indian Affairs at
the Department of the Interior to make a recognition determination, for
the Grand River Bands, in a timely manner. I am pleased to re-introduce
that bill now. I would also like to affirm that this bill does not
federally recognize the tribe nor does it address the issue of gaming.
Furthermore, I would like to stress the timely manner in which this
determination must be made.
If federally recognized, the Grand River Bands is eligible for funds
set aside for them from a Federal consent judgment. These funds are
expected to be distributed this year. In order for the Grand River
Bands to receive their portion of this fund, they must be federally
recognized before this money is distributed. They have completed all of
the necessary items for a determination to be made by the Bureau of
Indian Affairs, but the Bureau has failed to act on the petition for
the past ten years.
I hope that this legislation will help to provide a timely remedy so
that the Grand River Bands can receive funds that are currently set
aside for them, and enjoy the full benefits and status of Federal
recognition.
______
By Mr. BIDEN (for himself, Mr. Specter, Mr. Brownback, and Mr.
Leahy):
S. 1060. A bill to reauthorize the grant program for reentry of
offenders into the community in the Omnibus Crime Control and Safe
Streets Act of 1968, to improve reentry planning and implementation,
and for other purposes; to the Committee on the Judiciary.
Mr. BIDEN. Mr. President, I introduce today with my colleagues
Senators Specter, Brownback, and Leahy the Recidivism Reduction and
Second Chance Act of 2007, which takes direct aim at reducing
recidivism rates by improving the transition of offenders from prison
back into the community. As this bill reflects, preventing recidivism
is not only the right thing to do, it makes our communities safer and
it saves us money.
Today, we have over two million individuals in our Federal and State
prisons and millions more in local jails. Our Federal and State prisons
will release nearly 650,000 of these offenders back into our
communities this year. A staggering \2/3\ of released State prisoners
will be rearrested for a felony or serious misdemeanor within 3 years
of release.
It's not difficult to see why. These ex-offenders face a number of
difficult challenges upon release. The unemployment rate among former
inmates is as high as 60 percent; 15-27 percent of prisoners expect to
go to homeless shelters upon release; and 57 percent of Federal and 70
percent of State inmates used drugs regularly before prison. This
addiction and dependency often continues during incarceration.
Unless we address these problems, these individuals will commit
hundreds of thousands of serious crimes after their release, and our
communities will bear the human and economic cost. If we are going to
reduce recidivism and crime, we simply have to make concerted, common-
sense efforts now to help ex-offenders successfully reenter and
reintegrate into their communities.
The Recidivism Reduction and Second Chance Act of 2007
confronts head-on the dire situation of prisoners reentering our
communities with insufficient monitoring, little or no job skills,
inadequate drug treatment, insufficient housing, lack of basic physical
and mental health services, and deficient basic life skills. Through
commonsense and cost effective measures, it offers a second chance for
ex-offenders, and the children and families that depend on them, and it
strengthens our communities and ensures safe neighborhoods.
The Second Chance Act provides a competitive grant program to study
current approaches to reducing recidivism rates. It also provides
grants for the development and implementation of comprehensive
substance abuse treatment programs, academic and vocational education
programs, housing and job counseling programs, and mentoring for
offenders who are approaching release and who have been released. To
ensure accountability, the bill requires grantees to establish
performance goals and benchmarks and report the results to Congress.
The bill authorizes $192 million per year in competitive grant
funding. This represents an investment in our future and an
acknowledgement of the problem we face. We must remember that the
average cost of incarcerating each prisoner exceeds $20,000 per year,
with expenditures on corrections alone having increased from $9 billion
in 1982 to $60 billion in 2002. That's more than a six-fold increase,
and the costs keep going up.
A relatively modest investment in offender reentry efforts today is
far more cost-effective than the alternative--building more prisons for
these ex-offenders to return to if they can't reenter their communities
and are convicted of further crimes. An ounce of prevention, as the
saying goes, is worth a pound of cure.
I'm proud today to join with Senator Specter, Senator Brownback, and
Senator Leahy in introducing the Recidivism Reduction and Second Chance
Act and ask that our colleagues join with us in this vital effort. The
safety of our neighbors, our children, and our communities depends on
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. 1060
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 ``Recidivism Reduction and
Second Chance Act of 2007'' or the ``Second Chance Act of
2007''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Submission of reports to Congress.
TITLE I--AMENDMENTS RELATED TO THE OMNIBUS CRIME CONTROL AND SAFE
STREETS ACT OF 1968
Subtitle A--Improvements to Existing Programs
Sec. 101. Reauthorization of adult and juvenile offender State and
local reentry demonstration projects.
Sec. 102. Improvement of the residential substance abuse treatment for
State offenders program.
Subtitle B--New and Innovative Programs to Improve Offender Reentry
Services
Sec. 111. State and local reentry courts.
Sec. 112. Grants for comprehensive and continuous offender reentry task
forces.
[[Page S4192]]
Sec. 113. Prosecution drug treatment alternative to prison programs.
Sec. 114. Grants for family substance abuse treatment alternatives to
incarceration.
Sec. 115. Prison-based family treatment programs for incarcerated
parents of minor children.
Sec. 116. Grant programs relating to educational methods at prisons,
jails, and juvenile facilities.
Subtitle C--Conforming Amendments
Sec. 121. Use of violent offender truth-in-sentencing grant funding for
demonstration project activities.
TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS
Subtitle A--Drug Treatment
Sec. 201. Grants for demonstration programs to reduce drug use and
recidivism in long-term substance abusers.
Sec. 202. Offender drug treatment incentive grants.
Sec. 203. Ensuring availability and delivery of new pharmacological
drug treatment services.
Sec. 204. Study of effectiveness of depot naltrexone for heroin
addiction.
Sec. 205. Authorization of appropriations.
Subtitle B--Job Training
Sec. 211. Technology careers training demonstration grants.
Sec. 212. Grants to States for improved workplace and community
transition training for incarcerated youth offenders.
Subtitle C--Mentoring
Sec. 221. Mentoring grants to nonprofit organizations.
Sec. 222. Bureau of Prisons policy on mentoring contacts.
Subtitle D--Administration of Justice Reforms
Chapter 1--Improving Federal Offender Reentry
Sec. 231. Federal prisoner reentry program.
Sec. 232. Identification and release assistance for Federal prisoners.
Sec. 233. Improved reentry procedures for Federal prisoners.
Sec. 234. Duties of the Bureau of Prisons.
Sec. 235. Authorization of appropriations for Bureau of Prisons.
Sec. 236. Encouragement of employment of former prisoners.
Sec. 237. Elderly nonviolent offender pilot program.
Chapter 2--Reentry Research
Sec. 241. Offender reentry research.
Sec. 242. Grants to study parole or post-incarceration supervision
violations and revocations.
Sec. 243. Addressing the needs of children of incarcerated parents.
Chapter 3--Correctional Reforms to Existing Law
Sec. 251. Clarification of authority to place prisoner in community
corrections.
Sec. 252. Residential drug abuse program in Federal prisons.
Sec. 253. Medical care for prisoners.
Sec. 254. Contracting for services for post-conviction supervision
offenders.
SEC. 3. FINDINGS.
Congress finds the following:
(1) In 2002, over 7,000,000 people were incarcerated in
Federal or State prisons or in local jails. Nearly 650,000
people are released from Federal and State incarceration into
communities nationwide each year.
(2) There are over 3,200 jails throughout the United
States, the vast majority of which are operated by county
governments. Each year, these jails will release more than
10,000,000 people back into the community.
(3) Recent studies indicate that over \2/3\ of released
State prisoners are expected to be rearrested for a felony or
serious misdemeanor within 3 years after release.
(4) According to the Bureau of Justice Statistics,
expenditures on corrections alone increased from
$9,000,000,000 in 1982, to $59,600,000,000 in 2002. These
figures do not include the cost of arrest and prosecution,
nor do they take into account the cost to victims.
(5) The Serious and Violent Offender Reentry Initiative
provided $139,000,000 in funding for State governments to
develop and implement education, job training, mental health
treatment, and substance abuse treatment for serious and
violent offenders. This Act seeks to build upon the
innovative and successful State reentry programs developed
under the Serious and Violent Offender Reentry Initiative,
which terminated after fiscal year 2005.
(6) Between 1991 and 1999, the number of children with a
parent in a Federal or State correctional facility increased
by more than 100 percent, from approximately 900,000 to
approximately 2,000,000. According to the Bureau of Prisons,
there is evidence to suggest that inmates who are connected
to their children and families are more likely to avoid
negative incidents and have reduced sentences.
(7) Released prisoners cite family support as the most
important factor in helping them stay out of prison. Research
suggests that families are an often underutilized resource in
the reentry process.
(8) Approximately 100,000 juveniles (ages 17 years and
under) leave juvenile correctional facilities, State prison,
or Federal prison each year. Juveniles released from secure
confinement still have their likely prime crime years ahead
of them. Juveniles released from secure confinement have a
recidivism rate ranging from 55 to 75 percent. The chances
that young people will successfully transition into society
improve with effective reentry and aftercare programs.
(9) Studies have shown that between 15 percent and 27
percent of prisoners expect to go to homeless shelters upon
release from prison.
(10) Fifty-seven percent of Federal and 70 percent of State
inmates used drugs regularly before going to prison, and the
Bureau of Justice Statistics report titled ``Trends in State
Parole, 1990-2000'' estimates the use of drugs or alcohol
around the time of the offense that resulted in the
incarceration of the inmate at as high as 84 percent.
(11) Family-based treatment programs have proven results
for serving the special populations of female offenders and
substance abusers with children. An evaluation by the
Substance Abuse and Mental Health Services Administration of
family-based treatment for substance-abusing mothers and
children found that 6 months after such treatment, 60 percent
of the mothers remained alcohol and drug free, and drug-
related offenses declined from 28 percent to 7 percent.
Additionally, a 2003 evaluation of residential family-based
treatment programs revealed that 60 percent of mothers
remained clean and sober 6 months after treatment, criminal
arrests declined by 43 percent, and 88 percent of the
children treated in the program with their mothers remained
stabilized.
(12) A Bureau of Justice Statistics analysis indicated that
only 33 percent of Federal inmates and 36 percent of State
inmates had participated in residential in-patient treatment
programs for alcohol and drug abuse 12 months before their
release. Further, over \1/3\ of all jail inmates have some
physical or mental disability and 25 percent of jail inmates
have been treated at some time for a mental or emotional
problem.
(13) State Substance Abuse Agency Directors, also known as
Single State Authorities (in this paragraph referred to as
``SSAs''), manage the publicly funded substance abuse
prevention and treatment system of the Nation. SSAs are
responsible for planning and implementing State-wide systems
of care that provide clinically appropriate substance abuse
services. Given the high rate of substance use disorders
among offenders reentering our communities, successful
reentry programs require close interaction and collaboration
with each SSA as the program is planned, implemented and
evaluated.
(14) According to the National Institute of Literacy, 70
percent of all prisoners function at the lowest literacy
levels.
(15) Less than 32 percent of State prison inmates have a
high school diploma or a higher level of education, compared
to 82 percent of the general population.
(16) Approximately 38 percent of inmates who completed 11
years or less of school were not working before entry into
prison.
(17) The percentage of State prisoners participating in
educational programs decreased by more than 8 percent between
1991 and 1997, despite growing evidence of how educational
programming while incarcerated reduces recidivism.
(18) The National Institute of Justice has found that 1
year after release, up to 60 percent of former inmates are
not employed.
(19) Transitional jobs programs have proven to help people
with criminal records to successfully return to the workplace
and to the community, and therefore can reduce recidivism.
SEC. 4. SUBMISSION OF REPORTS TO CONGRESS.
Not later than January 31 of each year, the Attorney
General shall submit each report received under this Act or
an amendment made by this Act during the preceding year to
the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives.
TITLE I--AMENDMENTS RELATED TO THE OMNIBUS CRIME CONTROL AND SAFE
STREETS ACT OF 1968
Subtitle A--Improvements to Existing Programs
SEC. 101. REAUTHORIZATION OF ADULT AND JUVENILE OFFENDER
STATE AND LOCAL REENTRY DEMONSTRATION PROJECTS.
(a) Adult and Juvenile Offender Demonstration Projects
Authorized.--Section 2976(b) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797w(b)) is amended by
striking paragraphs (1) through (4) and inserting the
following:
``(1) establishing or improving the system or systems under
which--
``(A) correctional agencies and other criminal and juvenile
justice agencies of the grant recipient develop and carry out
plans to facilitate the reentry into the community of each
offender in the custody of the jurisdiction involved;
``(B) the supervision and services provided to offenders in
the custody of the jurisdiction involved are coordinated with
the supervision and services provided to offenders after
reentry into the community, including coordination with
Comprehensive and Continuous Offender Reentry Task Forces
under section 2902 or with similar planning groups;
``(C) the efforts of various public and private entities to
provide supervision and services to offenders after reentry
into the community, and to family members of such offenders,
are coordinated; and
[[Page S4193]]
``(D) offenders awaiting reentry into the community are
provided with documents (such as identification papers,
referrals to services, medical prescriptions, job training
certificates, apprenticeship papers, and information on
obtaining public assistance) useful in achieving a successful
transition from prison, jail, or a juvenile facility;
``(2) carrying out programs and initiatives by units of
local government to strengthen reentry services for
individuals released from local jails, including coordination
with Comprehensive and Continuous Offender Reentry Task
Forces under section 2902 or with similar planning groups;
``(3) assessing the literacy, educational, and vocational
needs of offenders in custody and identifying and providing
services appropriate to meet those needs, including follow-up
assessments and long-term services;
``(4) facilitating collaboration among the corrections
(including community corrections), technical school,
community college, business, nonprofit, workforce
development, and employment service sectors--
``(A) to promote, where appropriate, the employment of
people released from prison, jail, or a juvenile facility
through efforts such as educating employers about existing
financial incentives;
``(B) to facilitate the creation of job opportunities,
including transitional jobs and time-limited subsidized work
experience (where appropriate);
``(C) to connect offenders to employment (including
supportive employment and employment services before their
release to the community), provide work supports (including
transportation and retention services), as appropriate, and
identify labor market needs to ensure that education and
training are appropriate; and
``(D) to address obstacles to employment that are not
directly connected to the offense committed and the risk that
the offender presents to the community and provide case
management services as necessary to prepare offenders for
jobs that offer the potential for advancement and growth;
``(5) providing offenders with education, job training,
responsible parenting and healthy relationship skills
training (designed specifically to address the needs of
fathers and mothers in or transitioning from prison, jail, or
a juvenile facility), English literacy education, work
experience programs, self-respect and life skills training,
and other skills useful in achieving a successful transition
from prison, jail, or a juvenile facility;
``(6) providing structured post-release housing and
transitional housing (including group homes for recovering
substance abusers (with appropriate safeguards that may
include single-gender housing)) through which offenders are
provided supervision and services immediately following
reentry into the community;
``(7) assisting offenders in securing permanent housing
upon release or following a stay in transitional housing;
``(8) providing substance abuse treatment and services
(including providing a full continuum of substance abuse
treatment services that encompasses outpatient services,
comprehensive residential services and recovery, and recovery
home services) to offenders reentering the community from
prison, jail, or a juvenile facility;
``(9) expanding family-based drug treatment centers that
offer family-based comprehensive treatment services for
parents and their children as a complete family unit, as
appropriate to the safety, security, and well-being of the
family;
``(10) encouraging collaboration among juvenile and adult
corrections, community corrections, and community health
centers to allow access to affordable and quality primary
health care for offenders during the period of transition
from prison, jail, or a juvenile facility to the community;
``(11) providing or facilitating health care services to
offenders (including substance abuse screening, treatment,
and aftercare, infectious disease screening and treatment,
and screening, assessment, and aftercare for mental health
services) to protect the communities in which offenders will
live;
``(12) enabling prison, jail, or juvenile facility mentors
of offenders to remain in contact with those offenders
(including through the use of all available technology) while
in prison, jail, or a juvenile facility and after reentry
into the community, and encouraging the involvement of
prison, jail, or a juvenile facility mentors in the reentry
process;
``(13) systems under which family members of offenders are
involved in facilitating the successful reentry of those
offenders into the community (as appropriate to the safety,
security, and well-being of the family), including removing
obstacles to the maintenance of family relationships while
the offender is in custody, strengthening the family's
capacity to function as a stable living situation during
reentry, and involving family members in the planning and
implementation of the reentry process;
``(14) creating, developing, or enhancing offender and
family assessments, curricula, policies, procedures, or
programs (including mentoring programs)--
``(A) to help offenders with a history or identified risk
of domestic violence, dating violence, sexual assault, or
stalking reconnect with their families and communities (as
appropriate to the safety, security, and well-being of the
family), and become non-abusive parents or partners; and
``(B) under which particular attention is paid to the
safety of children affected and the confidentiality concerns
of victims, and efforts are coordinated with victim service
providers;
``(15) maintaining the parent-child relationship, as
appropriate to the safety, security, and well-being of the
child as determined by the relevant corrections and child
protective services agencies, including--
``(A) implementing programs in correctional agencies to
include the collection of information regarding any dependent
children of an offender as part of intake procedures,
including the number, age, and location or jurisdiction of
such children;
``(B) connecting those identified children with services as
appropriate and needed;
``(C) carrying out programs (including mentoring) that
support children of incarcerated parents, including those in
foster care and those cared for by grandparents or other
relatives (which is commonly referred to as kinship care);
``(D) developing programs and activities (including
mentoring) that support parent-child relationships, as
appropriate to the safety, security, and well-being of the
family, including technology to promote the parent-child
relationship and to facilitate participation in parent-
teacher conferences, books on tape programs, family days, and
visitation areas for children while visiting an incarcerated
parent;
``(E) helping incarcerated parents to learn responsible
parenting and healthy relationship skills;
``(F) addressing visitation obstacles to children of an
incarcerated parent, such as the location of facilities in
remote areas, telephone costs, mail restrictions, and
visitation policies; and
``(G) identifying and addressing obstacles to collaborating
with child welfare agencies in the provision of services
jointly to offenders in custody and to the children of such
offenders;
``(16) carrying out programs for the entire family unit,
including the coordination of service delivery across
agencies;
``(17) facilitating and encouraging timely and complete
payment of restitution and fines by offenders to victims and
the community;
``(18) providing services as necessary to victims upon
release of offenders, including security services and
counseling, and facilitating the inclusion of victims, on a
voluntary basis, in the reentry process;
``(19) establishing or expanding the use of reentry courts
and other programs to--
``(A) monitor offenders returning to the community;
``(B) provide returning offenders with--
``(i) drug and alcohol testing and treatment; and
``(ii) mental and medical health assessment and services;
``(C) facilitate restorative justice practices and convene
family or community impact panels, family impact educational
classes, victim impact panels, or victim impact educational
classes;
``(D) provide and coordinate the delivery of other
community services to offenders, including--
``(i) employment training;
``(ii) education;
``(iii) housing assistance;
``(iv) children and family support, including responsible
parenting and healthy relationship skill training designed
specifically to address the needs of incarcerated and
transitioning fathers and mothers;
``(v) conflict resolution skills training;
``(vi) family violence intervention programs; and
``(vii) other appropriate services; and
``(E) establish and implement graduated sanctions and
incentives;
``(20) developing a case management reentry program that--
``(A) provides services to eligible veterans, as defined by
the Attorney General; and
``(B) provides for a reentry service network solely for
such eligible veterans that coordinates community services
and veterans services for offenders who qualify for such
veterans services; and
``(21) protecting communities against dangerous offenders,
including--
``(A) conducting studies in collaboration with Federal
research initiatives in effect on the date of enactment of
the Second Chance Act of 2007, to determine which offenders
are returning to prisons, jails, and juvenile facilities and
which of those returning offenders represent the greatest
risk to community safety;
``(B) developing and implementing procedures to assist
relevant authorities in determining when release is
appropriate and in the use of data to inform the release
decision;
``(C) using validated assessment tools to assess the risk
factors of returning inmates, and developing or adopting
procedures to ensure that dangerous felons are not released
from prison prematurely; and
``(D) developing and implementing procedures to identify
efficiently and effectively those violators of probation,
parole, or post-incarceration supervision who represent the
greatest risk to community safety.''.
(b) Juvenile Offender Demonstration Projects
Reauthorized.--Section 2976(c) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3797w(c)) is amended
by striking ``may be expended for'' and all that follows
through the period at the end and inserting ``may be expended
for any activity described in subsection (b).''.
(c) Applications; Requirements; Priorities; Performance
Measurements.--Section 2976 of the Omnibus Crime Control and
[[Page S4194]]
Safe Streets Act of 1968 (42 U.S.C. 3797w) is amended--
(1) by redesignating subsection (h) as subsection (o); and
(2) by striking subsections (d) through (g) and inserting
the following:
``(d) Applications.--A State, unit of local government,
territory, or Indian tribe, or combination thereof, desiring
a grant under this section shall submit an application to the
Attorney General that--
``(1) contains a reentry strategic plan, as described in
subsection (h), which describes the long-term strategy and
incorporates a detailed implementation schedule, including
the plans of the applicant to pay for the program after the
Federal funding is discontinued;
``(2) identifies the local government role and the role of
governmental agencies and nonprofit organizations that will
be coordinated by, and that will collaborate on, the offender
reentry strategy of the applicant, and certifies the
involvement of such agencies and organizations; and
``(3) describes the evidence-based methodology and outcome
measures that will be used to evaluate the program funded
with a grant under this section, and specifically explains
how such measurements will provide valid measures of the
impact of that program.
``(e) Requirements.--The Attorney General may make a grant
to an applicant under this section only if the application--
``(1) reflects explicit support of the chief executive
officer of the State, unit of local government, territory, or
Indian tribe applying for a grant under this section;
``(2) provides extensive discussion of the role of State
corrections departments, community corrections agencies,
juvenile justice systems, or local jail systems in ensuring
successful reentry of offenders into their communities;
``(3) provides extensive evidence of collaboration with
State and local government agencies overseeing health,
housing, child welfare, education, substance abuse, victims
services, and employment services, and with local law
enforcement agencies;
``(4) provides a plan for analysis of the statutory,
regulatory, rules-based, and practice-based hurdles to
reintegration of offenders into the community; and
``(5) includes the use of a State, local, territorial, or
tribal task force, described in subsection (i), to carry out
the activities funded under the grant.
``(f) Priority Considerations.--The Attorney General shall
give priority to grant applications under this section that
best--
``(1) focus initiative on geographic areas with a
disproportionate population of offenders released from
prisons, jails, and juvenile facilities;
``(2) include--
``(A) input from nonprofit organizations, in any case where
relevant input is available and appropriate to the grant
application;
``(B) consultation with crime victims and offenders who are
released from prisons, jails, and juvenile facilities; and
``(C) coordination with families of offenders;
``(3) demonstrate effective case assessment and management
abilities in order to provide comprehensive and continuous
reentry, including--
``(A) planning while offenders are in prison, jail, or a
juvenile facility, pre-release transition housing, and
community release;
``(B) establishing pre-release planning procedures to
ensure that the eligibility of an offender for Federal or
State benefits upon release is established prior to release,
subject to any limitations in law, and to ensure that
offenders obtain all necessary referrals for reentry
services; and
``(C) delivery of continuous and appropriate drug
treatment, medical care, job training and placement,
educational services, or any other service or support needed
for reentry;
``(4) review the process by which the applicant adjudicates
violations of parole, probation, or supervision following
release from prison, jail, or a juvenile facility, taking
into account public safety and the use of graduated,
community-based sanctions for minor and technical violations
of parole, probation, or supervision (specifically those
violations that are not otherwise, and independently, a
violation of law);
``(5) provide for an independent evaluation of reentry
programs that include, to the maximum extent possible, random
assignment and controlled studies to determine the
effectiveness of such programs; and
``(6) target high-risk offenders for reentry programs
through validated assessment tools.
``(g) Uses of Grant Funds.--
``(1) Federal share.--
``(A) In general.--Except as provided in subparagraph (B),
the Federal share of a grant received under this section may
not exceed 75 percent of the project funded under such grant
in fiscal year 2008.
``(B) Waiver.--Subparagraph (A) shall not apply if the
Attorney General--
``(i) waives, in whole or in part, the requirement of this
paragraph; and
``(ii) publishes in the Federal Register the rationale for
the waiver.
``(2) Supplement not supplant.--Federal funds received
under this section shall be used to supplement, not supplant,
non-Federal funds that would otherwise be available for the
activities funded under this section.
``(h) Reentry Strategic Plan.--
``(1) In general.--As a condition of receiving financial
assistance under this section, each applicant shall develop a
comprehensive strategic reentry plan that contains measurable
annual and 5-year performance outcomes, and that uses, to the
maximum extent possible, random assigned and controlled
studies to determine the effectiveness of the program funded
with a grant under this section. One goal of that plan shall
be to reduce the rate of recidivism (as defined by the
Attorney General, consistent with the research on offender
reentry undertaken by the Bureau of Justice Statistics) for
offenders released from prison, jail, or a juvenile facility
who are served with funds made available under this section
by 50 percent over a period of 5 years.
``(2) Coordination.--In developing a reentry plan under
this subsection, an applicant shall coordinate with
communities and stakeholders, including persons in the fields
of public safety, juvenile and adult corrections, housing,
health, education, substance abuse, children and families,
victims services, employment, and business and members of
nonprofit organizations that can provide reentry services.
``(3) Measurements of progress.--Each reentry plan
developed under this subsection shall measure the progress of
the applicant toward increasing public safety by reducing
rates of recidivism and enabling released offenders to
transition successfully back into their communities.
``(i) Reentry Task Force.--
``(1) In general.--As a condition of receiving financial
assistance under this section, each applicant shall establish
or empower a Reentry Task Force, or other relevant convening
authority, to--
``(A) examine ways to pool resources and funding streams to
promote lower recidivism rates for returning offenders and
minimize the harmful effects of offenders' time in prison,
jail, or a juvenile facility on families and communities of
offenders by collecting data and best practices in offender
reentry from demonstration grantees and other agencies and
organizations; and
``(B) provide the analysis described in subsection (e)(4).
``(2) Membership.--The task force or other authority under
this subsection shall be comprised of--
``(A) relevant State, tribal, territorial, or local
leaders; and
``(B) representatives of relevant--
``(i) agencies;
``(ii) service providers;
``(iii) nonprofit organizations; and
``(iv) stakeholders.
``(j) Strategic Performance Outcomes.--
``(1) In general.--Each applicant shall identify in the
reentry strategic plan developed under subsection (h),
specific performance outcomes relating to the long-term goals
of increasing public safety and reducing recidivism.
``(2) Performance outcomes.--The performance outcomes
identified under paragraph (1) shall include, with respect to
offenders released back into the community--
``(A) reduction in recidivism rates, which shall be
reported in accordance with the measure selected by the
Director of the Bureau of Justice Statistics under section
234(c)(2) of the Second Chance Act of 2007;
``(B) reduction in crime;
``(C) increased employment and education opportunities;
``(D) reduction in violations of conditions of supervised
release;
``(E) increased payment of child support;
``(F) increased housing opportunities;
``(G) reduction in drug and alcohol abuse; and
``(H) increased participation in substance abuse and mental
health services.
``(3) Other outcomes.--A grantee under this section may
include in the reentry strategic plan developed under
subsection (h) other performance outcomes that increase the
success rates of offenders who transition from prison, jails,
or juvenile facilities.
``(4) Coordination.--A grantee under this section shall
coordinate with communities and stakeholders about the
selection of performance outcomes identified by the
applicant, and shall consult with the Attorney General for
assistance with data collection and measurement activities as
provided for in the grant application materials.
``(5) Report.--Each grantee under this section shall submit
an annual report to the Attorney General that--
``(A) identifies the progress of the grantee toward
achieving its strategic performance outcomes; and
``(B) describes other activities conducted by the grantee
to increase the success rates of the reentry population, such
as programs that foster effective risk management and
treatment programming, offender accountability, and community
and victim participation.
``(k) Performance Measurement.--
``(1) In general.--The Attorney General, in consultation
with grantees under this section, shall--
``(A) identify primary and secondary sources of information
to support the measurement of the performance indicators
identified under this section;
``(B) identify sources and methods of data collection in
support of performance measurement required under this
section;
``(C) provide to all grantees technical assistance and
training on performance measures and data collection for
purposes of this section; and
[[Page S4195]]
``(D) consult with the Substance Abuse and Mental Health
Services Administration and the National Institute on Drug
Abuse on strategic performance outcome measures and data
collection for purposes of this section relating to substance
abuse and mental health.
``(2) Coordination.--The Attorney General shall coordinate
with other Federal agencies to identify national and other
sources of information to support performance measurement of
grantees.
``(3) Standards for analysis.--Any statistical analysis of
population data conducted pursuant to this section shall be
conducted in accordance with the Federal Register Notice
dated October 30, 1997, relating to classification standards.
``(l) Future Eligibility.--To be eligible to receive a
grant under this section in any fiscal year after the fiscal
year in which a grantee receives a grant under this section,
a grantee shall submit to the Attorney General such
information as is necessary to demonstrate that--
``(1) the grantee has adopted a reentry plan that reflects
input from nonprofit organizations, in any case where
relevant input is available and appropriate to the grant
application;
``(2) the reentry plan of the grantee includes performance
measures to assess progress of the grantee toward a 10
percent reduction in the rate of recidivism over a 2-year
period.
``(3) the grantee will coordinate with the Attorney
General, nonprofit organizations (if relevant input from
nonprofit organizations is available and appropriate), and
other experts regarding the selection and implementation of
the performance measures described in subsection (k).
``(m) National Adult and Juvenile Offender Reentry Resource
Center.--
``(1) Authority.--The Attorney General may, using amounts
made available to carry out this subsection, make a grant to
an eligible organization to provide for the establishment of
a National Adult and Juvenile Offender Reentry Resource
Center.
``(2) Eligible organization.--An organization eligible for
the grant under paragraph (1) is any national nonprofit
organization approved by the Interagency Task Force on
Federal Programs and Activities Relating to the Reentry of
Offenders Into the Community, that provides technical
assistance and training to, and has special expertise and
broad, national-level experience in, offender reentry
programs, training, and research.
``(3) Use of funds.--The organization receiving a grant
under paragraph (1) shall establish a National Adult and
Juvenile Offender Reentry Resource Center to--
``(A) provide education, training, and technical assistance
for States, tribes, territories, local governments, service
providers, nonprofit organizations, and corrections
institutions;
``(B) collect data and best practices in offender reentry
from demonstration grantees and others agencies and
organizations;
``(C) develop and disseminate evaluation tools, mechanisms,
and measures to better assess and document coalition
performance measures and outcomes;
``(D) disseminate information to States and other relevant
entities about best practices, policy standards, and research
findings;
``(E) develop and implement procedures to assist relevant
authorities in determining when release is appropriate and in
the use of data to inform the release decision;
``(F) develop and implement procedures to identify
efficiently and effectively those violators of probation,
parole, or supervision following release from prison, jail,
or a juvenile facility who should be returned to prisons,
jails, or juvenile facilities and those who should receive
other penalties based on defined, graduated sanctions;
``(G) collaborate with the Interagency Task Force on
Federal Programs and Activities Relating to the Reentry of
Offenders Into the Community, and the Federal Resource Center
for Children of Prisoners;
``(H) develop a national reentry research agenda; and
``(I) establish a database to enhance the availability of
information that will assist offenders in areas including
housing, employment, counseling, mentoring, medical and
mental health services, substance abuse treatment,
transportation, and daily living skills.
``(4) Limit.--Of amounts made available to carry out this
section, not more than 4 percent shall be available to carry
out this subsection.
``(n) Administration.--Of amounts made available to carry
out this section--
``(1) not more than 2 percent shall be available for
administrative expenses in carrying out this section; and
``(2) not more than 2 percent shall be made available to
the National Institute of Justice to evaluate the
effectiveness of the demonstration projects funded under this
section, using a methodology that--
``(A) includes, to the maximum extent feasible, random
assignment of offenders (or entities working with such
persons) to program delivery and control groups; and
``(B) generates evidence on which reentry approaches and
strategies are most effective.''.
(d) Grant Authorization.--Section 2976(a) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797w(a)) is amended by striking ``States, Territories'' and
all that follows through the period at the end and inserting
the following: ``States, local governments, territories, or
Indian tribes, or any combination thereof, in partnership
with stakeholders, service providers, and nonprofit
organizations.''.
(e) Authorization of Appropriations.--Section 2976(o) of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797w), as so redesignated by subsection (c) of this
section, is amended--
(1) in paragraph (1), by striking ``$15,000,000 for fiscal
year 2003'' and all that follows and inserting ``$50,000,000
for each of fiscal years 2008 and 2009.''; and
(2) by amending paragraph (2) to read as follows:
``(2) Limitation.--Of the amount made available to carry
out this section in any fiscal year, not more than 3 percent
or less than 2 percent may be used for technical assistance
and training.''.
SEC. 102. IMPROVEMENT OF THE RESIDENTIAL SUBSTANCE ABUSE
TREATMENT FOR STATE OFFENDERS PROGRAM.
(a) Requirement for Aftercare Component.--Section 1902(c)
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796ff-1(c)), is amended--
(1) by striking the subsection heading and inserting
``Requirement for Aftercare Component.--''; and
(2) by amending paragraph (1) to read as follows:
``(1) To be eligible for funding under this part, a State
shall ensure that individuals who participate in the
substance abuse treatment program established or implemented
with assistance provided under this part will be provided
with aftercare services, which may include case management
services and a full continuum of support services that ensure
providers furnishing services under that program are approved
by the appropriate State or local agency, and licensed, if
necessary, to provide medical treatment or other health
services.''.
(b) Definition.--Section 1904(d) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff-3(d))
is amended to read as follows:
``(d) Residential Substance Abuse Treatment Program
Defined.--In this part, the term `residential substance abuse
treatment program' means a course of comprehensive individual
and group substance abuse treatment services, lasting a
period of at least 6 months, in residential treatment
facilities set apart from the general population of a prison
or jail (which may include the use of pharmacological
treatment, where appropriate, that may extend beyond such
period).''.
(c) Requirement for Study and Report on Aftercare
Services.--The Attorney General, through the National
Institute of Justice, and in consultation with the National
Institute on Drug Abuse, shall conduct a study on the use and
effectiveness of funds used by the Department of Justice for
aftercare services under section 1902(c) of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended by
subsection (a) of this section, for offenders who reenter the
community after completing a substance abuse program in
prison or jail.
Subtitle B--New and Innovative Programs to Improve Offender Reentry
Services
SEC. 111. STATE AND LOCAL REENTRY COURTS.
(a) In General.--Part FF of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797w et
seq.) is amended by adding at the end the following:
``SEC. 2978. STATE AND LOCAL REENTRY COURTS.
``(a) Grants Authorized.--The Attorney General shall award
grants, in accordance with this section, of not more than
$500,000 to--
``(1) State and local courts; and
``(2) State agencies, municipalities, public agencies,
nonprofit organizations, territories, and Indian tribes that
have agreements with courts to take the lead in establishing
a reentry court (as described in section 2976(b)(19)).
``(b) Use of Grant Funds.--Grant funds awarded under this
section shall be administered in accordance with such
guidelines, regulations, and procedures as promulgated by the
Attorney General, and may be used to--
``(1) monitor juvenile and adult offenders returning to the
community;
``(2) provide juvenile and adult offenders returning to the
community with coordinated and comprehensive reentry services
and programs such as--
``(A) drug and alcohol testing and assessment for
treatment;
``(B) assessment for substance abuse from a substance abuse
professional who is approved by the State and licensed by the
appropriate entity to provide alcohol and drug addiction
treatment, as appropriate;
``(C) substance abuse treatment from a provider that is
approved by the State, and licensed, if necessary, to provide
medical and other health services;
``(D) health (including mental health) services and
assessment;
``(E) aftercare and case management services that--
``(i) facilitate access to clinical care and related health
services; and
``(ii) coordinate with such clinical care and related
health services; and
``(F) any other services needed for reentry;
``(3) convene community impact panels, victim impact
panels, or victim impact educational classes;
``(4) provide and coordinate the delivery of community
services to juvenile and adult offenders, including--
[[Page S4196]]
``(A) housing assistance;
``(B) education;
``(C) employment training;
``(D) conflict resolution skills training;
``(E) batterer intervention programs; and
``(F) other appropriate social services; and
``(5) establish and implement graduated sanctions and
incentives.
``(c) Rule of Construction.--Nothing in this section shall
be construed as preventing a grantee that operates a drug
court under part EE at the time a grant is awarded under this
section from using funds from such grant to supplement the
drug court under part EE in accordance with paragraphs (1)
through (5) of subsection (b).
``(d) Application.--To be eligible for a grant under this
section, an entity described in subsection (a) shall, in
addition to any other requirements required by the Attorney
General, submit to the Attorney General an application that--
``(1) describes the program to be assisted under this
section and the need for such program;
``(2) describes a long-term strategy and detailed
implementation plan for such program, including how the
entity plans to pay for the program after the Federal funding
is discontinued;
``(3) identifies the governmental and community agencies
that will be coordinated by the project;
``(4) certifies that--
``(A) all agencies affected by the program, including
community corrections and parole entities, have been
appropriately consulted in the development of the program;
``(B) there will be appropriate coordination with all such
agencies in the implementation of the program; and
``(C) there will be appropriate coordination and
consultation with the Single State Authority for Substance
Abuse (as that term is defined in section 201(e) of the
Second Chance Act of 2007) of the State; and
``(5) describes the methodology and outcome measures that
will be used to evaluate the program.
``(e) Matching Requirements.--The Federal share of a grant
under this section may not exceed 75 percent of the costs of
the project assisted by such grant unless the Attorney
General--
``(1) waives, wholly or in part, the matching requirement
under this subsection; and
``(2) publicly delineates the rationale for the waiver.
``(f) Annual Report.--Each entity receiving a grant under
this section shall submit to the Attorney General, for each
fiscal year in which funds from the grant are expended, a
report, at such time and in such manner as the Attorney
General may reasonably require, that contains--
``(1) a summary of the activities carried out under the
program assisted by the grant;
``(2) an assessment of whether the activities are meeting
the need for the program identified in the application
submitted under subsection (d); and
``(3) such other information as the Attorney General may
require.
``(g) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$10,000,000 for each of fiscal years 2008 and 2009 to carry
out this section.
``(2) Limitations.--Of the amount made available to carry
out this section in any fiscal year--
``(A) not more than 2 percent may be used by the Attorney
General for salaries and administrative expenses; and
``(B) not more than 5 percent nor less than 2 percent may
be used for technical assistance and training.''.
SEC. 112. GRANTS FOR COMPREHENSIVE AND CONTINUOUS OFFENDER
REENTRY TASK FORCES.
Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting
after part BB the following:
``PART CC--GRANTS FOR COMPREHENSIVE AND CONTINUOUS OFFENDER REENTRY
TASK FORCES
``SEC. 2901. AUTHORIZATION.
``The Attorney General shall carry out a grant program
under which the Attorney General makes grants to States,
units of local government, territories, Indian tribes, and
other public and private entities for the purpose of
establishing and administering task forces (to be known as
`Comprehensive and Continuous Offender Reentry Task Forces'),
in accordance with this part.
``SEC. 2902. COMPREHENSIVE AND CONTINUOUS OFFENDER REENTRY
TASK FORCES.
``(a) In General.--For purposes of this part, a
Comprehensive and Continuous Offender Reentry Task Force is a
planning group of a State, unit of local government,
territory, or Indian tribe that--
``(1) develops a community reentry plan, described in
section 2903, for each juvenile and adult offender to be
released from a correctional facility in the applicable
jurisdiction;
``(2) supervises and assesses the progress of each such
offender, with respect to such plan, starting on a date
before the offender is released from a correctional facility
and ending on the date on which the court supervision of such
offender ends;
``(3) conducts a detailed assessment of the needs of each
offender to address employment training, medical care, drug
treatment, education, and any other identified need of the
offender to assist in the offender's reentry;
``(4) demonstrates affirmative steps to implement such a
community reentry plan by consulting and coordinating with
other public and nonprofit entities, as appropriate;
``(5) establishes appropriate measurements for determining
the efficacy of such community reentry plans by monitoring
offender performance under such reentry plans;
``(6) complies with applicable State, local, territorial,
and tribal rules and regulations regarding the provision of
applicable services and treatment in the applicable
jurisdiction; and
``(7) consults and coordinates with the Single State
Authority for Substance Abuse (as that term is defined in
section 201(e) of the Second Chance Act of 2007) and the
criminal justice agencies of the State to ensure that
offender reentry plans are coordinated and delivered in the
most cost-effective manner, as determined by the Attorney
General, in consultation with the grantee.
``(b) Consultation Required.--A Comprehensive and
Continuous Offender Reentry Task Force for a county or other
defined geographic area shall perform the duties described in
paragraphs (1) and (2) of subsection (a) in consultation with
representatives of--
``(1) the criminal and juvenile justice and correctional
facilities within that county or area;
``(2) the community health care services of that county or
area;
``(3) the drug treatment programs of that county or area;
``(4) the employment services organizations available in
that county or area;
``(5) the housing services organizations available in the
county or area; and
``(6) any other appropriate community services available in
the county or area.
``SEC. 2903. COMMUNITY REENTRY PLAN DESCRIBED.
``For purposes of section 2902(a)(1), a community reentry
plan for an offender is a plan relating to the reentry of the
offender into the community and, according to the needs of
the offender, shall--
``(1) identify employment opportunities and goals;
``(2) identify housing opportunities;
``(3) provide for any needed drug treatment;
``(4) provide for any needed mental health services;
``(5) provide for any needed health care services;
``(6) provide for any needed family counseling;
``(7) provide for offender case management programs or
services; and
``(8) provide for any other service specified by the
Comprehensive and Continuous Offender Reentry Task Force as
necessary for the offender.
``SEC. 2904. APPLICATION.
``To be eligible for a grant under this part, a State or
other relevant entity shall submit to the Attorney General an
application in such form and manner and at such time as the
Attorney General specifies. Such application shall contain
such information as the Attorney General specifies.
``SEC. 2905. RULE OF CONSTRUCTION.
``Nothing in this part shall be construed as supplanting or
modifying a sentence imposed by a court, including any terms
of supervision.
``SEC. 2906. REPORTS.
``An entity that receives funds under this part for a
Comprehensive and Continuous Offender Reentry Task Force
during a fiscal year shall submit to the Attorney General,
not later than a date specified by the Attorney General, a
report that describes and evaluates the effectiveness of such
Task Force during such fiscal year.
``SEC. 2907. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $10,000,000 to
carry out this section for each of fiscal years 2008 and
2009.''.
SEC. 113. PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON
PROGRAMS.
(a) Authorization.--Title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as
amended by this Act, is amended by adding after part CC the
following:
``PART DD--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS
``SEC. 2911. GRANT AUTHORITY.
``(a) In General.--The Attorney General may make grants to
State and local prosecutors to develop, implement, or expand
qualified drug treatment programs that are alternatives to
imprisonment, in accordance with this part.
``(b) Qualified Drug Treatment Programs Described.--For
purposes of this part, a qualified drug treatment program is
a program--
``(1) that is administered by a State or local prosecutor;
``(2) that requires an eligible offender who is sentenced
to participate in the program (instead of incarceration) to
participate in a comprehensive substance abuse treatment
program that is approved by the State and licensed, if
necessary, to provide medical and other health services;
``(3) that requires an eligible offender to receive the
consent of the State or local prosecutor involved to
participate in such program;
[[Page S4197]]
``(4) that, in the case of an eligible offender who is
sentenced to participate in the program, requires the
offender to serve a sentence of imprisonment with respect to
the crime involved if the prosecutor, in conjunction with the
treatment provider, determines that the offender has not
successfully completed the relevant substance abuse treatment
program described in paragraph (2);
``(5) that provides for the dismissal of the criminal
charges involved in an eligible offender's participation in
the program if the offender is determined to have
successfully completed the program;
``(6) that requires each substance abuse provider treating
an eligible offender under the program to--
``(A) make periodic reports of the progress of the
treatment of that offender to the State or local prosecutor
involved and to the appropriate court in which the eligible
offender was convicted; and
``(B) notify such prosecutor and such court if the eligible
offender absconds from the facility of the treatment provider
or otherwise violates the terms and conditions of the
program, consistent with Federal and State confidentiality
requirements; and
``(7) that has an enforcement unit comprised of law
enforcement officers under the supervision of the State or
local prosecutor involved, the duties of which shall include
verifying an eligible offender's addresses and other
contacts, and, if necessary, locating, apprehending, and
arresting an eligible offender who has absconded from the
facility of a substance abuse treatment provider or otherwise
violated the terms and conditions of the program, consistent
with Federal and State confidentiality requirements, and
returning such eligible offender to court for sentencing for
the crime involved.
``SEC. 2912. USE OF GRANT FUNDS.
``(a) In General.--A State or local prosecutor that
receives a grant under this part shall use such grant for
expenses of a qualified drug treatment program, including for
the following expenses:
``(1) Salaries, personnel costs, equipment costs, and other
costs directly related to the operation of the program,
including the enforcement unit.
``(2) Payments for substance abuse treatment providers that
are approved by the State and licensed, if necessary, to
provide alcohol and drug addiction treatment to eligible
offenders participating in the program, including aftercare
supervision, vocational training, education, and job
placement.
``(3) Payments to public and nonprofit private entities
that are approved by the State and licensed, if necessary, to
provide alcohol and drug addiction treatment to offenders
participating in the program.
``(b) Supplement and Not Supplant.--Grants made under this
part shall be used to supplement, and not supplant, non-
Federal funds that would otherwise be available for programs
described in this part.
``SEC. 2913. APPLICATIONS.
``To request a grant under this part, a State or local
prosecutor shall submit an application to the Attorney
General in such form and containing such information as the
Attorney General may reasonably require. Each such
application shall contain the certification by the State or
local prosecutor that the program for which the grant is
requested is a qualified drug treatment program, in
accordance with this part.
``SEC. 2914. FEDERAL SHARE.
``The Federal share of a grant made under this part shall
not exceed 75 percent of the total costs of the qualified
drug treatment program funded by such grant for the fiscal
year for which the program receives assistance under this
part.
``SEC. 2915. GEOGRAPHIC DISTRIBUTION.
``The Attorney General shall ensure that, to the extent
practicable, the distribution of grants under this part is
equitable and includes State or local prosecutors--
``(1) in each State; and
``(2) in rural, suburban, and urban jurisdictions.
``SEC. 2916. REPORTS AND EVALUATIONS.
``For each fiscal year, each recipient of a grant under
this part during that fiscal year shall submit to the
Attorney General a report with respect to the effectiveness
of activities carried out using that grant. Each report shall
include an evaluation in such form and containing such
information as the Attorney General may reasonably require.
The Attorney General shall specify the dates on which such
reports shall be submitted.
``SEC. 2917. DEFINITIONS.
``In this part:
``(1) State or local prosecutor.--The term `State or local
prosecutor' means any district attorney, State attorney
general, county attorney, or corporation counsel who has
authority to prosecute criminal offenses under State or local
law.
``(2) Eligible offender.--The term `eligible offender'
means an individual who--
``(A) has been convicted, pled guilty, or admitted guilt
with respect to a crime for which a sentence of imprisonment
is required and has not completed such sentence;
``(B) has never been charged with or convicted of an
offense, during the course of which--
``(i) the individual carried, possessed, or used a firearm
or dangerous weapon; or
``(ii) there occurred the use of force against the person
of another, without regard to whether any of the behavior
described in clause (i) is an element of the offense or for
which the person is charged or convicted;
``(C) does not have 1 or more prior convictions for a
felony crime of violence involving the use or attempted use
of force against a person with the intent to cause death or
serious bodily harm; and
``(D)(i) has received an assessment for alcohol or drug
addiction from a substance abuse professional who is approved
by the State and licensed by the appropriate entity to
provide alcohol and drug addiction treatment, as appropriate;
and
``(ii) has been found to be in need of substance abuse
treatment because that individual has a history of substance
abuse that is a significant contributing factor to the
criminal conduct of that individual.''.
(b) Authorization of Appropriations.--Section 1001(a) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3793(a)) is amended by adding at the end the
following new paragraph:
``(26) There are authorized to be appropriated to carry out
part DD such sums as may be necessary for each of fiscal
years 2008 and 2009.''.
SEC. 114. GRANTS FOR FAMILY SUBSTANCE ABUSE TREATMENT
ALTERNATIVES TO INCARCERATION.
Title I of the Omnibus Crime Control and Safe Streets Act
(42 U.S.C. 3711 et seq.) is amended by inserting after part
II the following:
``PART JJ--GRANTS FOR FAMILY SUBSTANCE ABUSE TREATMENT ALTERNATIVES TO
INCARCERATION
``SEC. 3001. GRANTS AUTHORIZED.
``The Attorney General may make grants to States, units of
local government, territories, and Indian tribes to develop,
implement, and expand comprehensive and clinically-
appropriate family-based substance abuse treatment programs
as alternatives to incarceration for nonviolent parent drug
offenders.
``SEC. 3002. USE OF GRANT FUNDS.
``Grants made to an entity under section 3001 for a program
described in such section may be used for the following:
``(1) Salaries, personnel costs, facility costs, and other
costs directly related to the operation of that program.
``(2) Payments to providers of substance abuse treatment
for providing treatment and case management to nonviolent
parent drug offenders participating in that program,
including comprehensive treatment for mental health
disorders, parenting classes, educational classes, vocational
training, and job placement.
``(3) Payments to public and nonprofit private entities to
provide substance abuse treatment to nonviolent parent drug
offenders participating in that program.
``SEC. 3003. PROGRAM REQUIREMENTS.
``A program for which a grant is made under section 3001
shall comply with the following requirements:
``(1) The program shall ensure that all providers of
substance abuse treatment are approved by the State and are
licensed, if necessary, to provide medical and other health
services.
``(2) The program shall ensure appropriate coordination and
consultation with the Single State Authority for Substance
Abuse of the State (as that term is defined in section 201(e)
of the Second Chance Act of 2007).
``(3) The program shall consist of clinically-appropriate,
comprehensive, and long-term family treatment, including the
treatment of the nonviolent parent drug offender, the child
of such offender, and any other appropriate member of the
family of the offender.
``(4) The program shall be provided in a residential
setting that is not a hospital setting or an intensive
outpatient setting.
``(5) The program shall provide that if a nonviolent parent
drug offender who participates in that program does not
successfully complete the program the offender shall serve an
appropriate sentence of imprisonment with respect to the
underlying crime involved.
``(6) The program shall ensure that a determination is made
as to whether a nonviolent drug offender has completed the
substance abuse treatment program.
``(7) The program shall include the implementation of a
system of graduated sanctions (including incentives) that are
applied based on the accountability of the nonviolent parent
drug offender involved throughout the course of that program
to encourage compliance with that program.
``(8) The program shall develop and implement a reentry
plan for each nonviolent parent drug offender that shall
include reinforcement strategies for family involvement as
appropriate, relapse strategies, support groups, placement in
transitional housing, and continued substance abuse
treatment, as needed.
``SEC. 3004. DEFINITIONS.
``In this part:
``(1) Nonviolent parent drug offenders.--The term
`nonviolent parent drug offender' means an offender who is--
``(A) a parent of an individual under 18 years of age; and
``(B) convicted of a drug (or drug-related) felony that is
a nonviolent offense.
``(2) Nonviolent offense.--The term `nonviolent offense'
has the meaning given that term in section 2991(a).
``SEC. 3005. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $10,000,000 for each of fiscal years 2008 and 2009.''.
[[Page S4198]]
SEC. 115. PRISON-BASED FAMILY TREATMENT PROGRAMS FOR
INCARCERATED PARENTS OF MINOR CHILDREN.
Title I of the Omnibus Crime Control and Safe Streets Act
(42 U.S.C. 3711 et seq.), is amended--
(1) by redesignating part X as part KK; and
(2) by adding at the end the following:
``PART LL--PRISON-BASED FAMILY TREATMENT PROGRAMS FOR INCARCERATED
PARENTS OF MINOR CHILDREN
``SEC. 3021. GRANTS AUTHORIZED.
``The Attorney General may make grants to States, units of
local government, territories, and Indian tribes to provide
prison-based family treatment programs for incarcerated
parents of minor children.
``SEC. 3022. USE OF GRANT FUNDS.
``An entity that receives a grant under this part shall use
amounts provided under that grant to--
``(1) develop, implement, and expand prison-based family
treatment programs in correctional facilities for
incarcerated parents with minor children, excluding from the
programs those parents with respect to whom there is
reasonable evidence of domestic violence or child abuse;
``(2) coordinate the design and implementation of such
programs between appropriate correctional facility
representatives and the appropriate governmental agencies;
and
``(3) develop and implement a pre-release assessment and a
reentry plan for each incarcerated parent scheduled to be
released to the community, which shall include--
``(A) a treatment program for the incarcerated parent to
receive continuous substance abuse treatment services and
related support services, as needed;
``(B) a housing plan during transition from incarceration
to reentry, as needed;
``(C) a vocational or employment plan, including training
and job placement services; and
``(D) any other services necessary to provide successful
reentry into the community.
``SEC. 3023. PROGRAM REQUIREMENTS.
``A prison-based family treatment program for incarcerated
parents with respect to which a grant is made shall comply
with the following requirements:
``(1) The program shall integrate techniques to assess the
strengths and needs of immediate and extended family of the
incarcerated parent to support a treatment plan of the
incarcerated parent.
``(2) The program shall ensure that each participant in
that program has access to consistent and uninterrupted care
if transferred to a different correctional facility within
the State or other relevant entity.
``(3) The program shall be located in an area separate from
the general population of the prison.
``SEC. 3024. APPLICATIONS.
``To be eligible for a grant under this part for a prison-
based family treatment program, an entity described in
section 3021 shall, in addition to any other requirement
specified by the Attorney General, submit an application to
the Attorney General in such form and manner and at such time
as specified by the Attorney General. Such application shall
include a description of the methods and measurements the
entity will use for purposes of evaluating the program
involved and such other information as the Attorney General
may reasonably require.
``SEC. 3025. REPORTS.
``An entity that receives a grant under this part for a
prison-based family treatment program during a fiscal year
shall submit to the Attorney General, not later than a date
specified by the Attorney General, a report that describes
and evaluates the effectiveness of that program during such
fiscal year that--
``(1) is based on evidence-based data; and
``(2) uses the methods and measurements described in the
application of that entity for purposes of evaluating that
program.
``SEC. 3026. PRISON-BASED FAMILY TREATMENT PROGRAM DEFINED.
``In this part, the term `prison-based family treatment
program' means a program for incarcerated parents in a
correctional facility that provides a comprehensive response
to offender needs, including substance abuse treatment, child
early intervention services, family counseling, legal
services, medical care, mental health services, nursery and
preschool, parenting skills training, pediatric care,
physical therapy, prenatal care, sexual abuse therapy,
relapse prevention, transportation, and vocational or GED
training.
``SEC. 3027. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $10,000,000 for each of fiscal years 2008 and 2009.''.
SEC. 116. GRANT PROGRAMS RELATING TO EDUCATIONAL METHODS AT
PRISONS, JAILS, AND JUVENILE FACILITIES.
Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.), as amended by this Act, is
amended by adding at the end the following:
``PART MM--GRANT PROGRAM TO EVALUATE EDUCATIONAL METHODS AT PRISONS,
JAILS, AND JUVENILE FACILITIES
``SEC. 3031. GRANT PROGRAM TO EVALUATE EDUCATIONAL METHODS AT
PRISONS, JAILS, AND JUVENILE FACILITIES.
``(a) Grant Program Authorized.--The Attorney General shall
carry out a grant program under which the Attorney General
may make grants to States, units of local government,
territories, Indian tribes, and other public and private
entities to--
``(1) evaluate methods to improve academic and vocational
education for offenders in prisons, jails, and juvenile
facilities; and
``(2) identify, and make recommendations to the Attorney
General regarding, best practices relating to academic and
vocational education for offenders in prisons, jails, and
juvenile facilities, based on the evaluation under paragraph
(1).
``(b) Application.--To be eligible for a grant under this
section, a State or other entity described in subsection (a)
shall submit to the Attorney General an application in such
form and manner, at such time and accompanied by such
information as the Attorney General specifies.
``(c) Report.--Not later than 90 days after the last day of
the final fiscal year of a grant under this section, the
entity described in subsection (a) receiving that grant shall
submit to the Attorney General a detailed report of the
aggregate findings and conclusions of the evaluation
described in subsection (a)(1), conducted by that entity and
the recommendations of that entity to the Attorney General
described in subsection (a)(2).
``(d) Authorization of Appropriations.--There are
authorized to be appropriated $5,000,000 to carry out this
section for each of fiscal years 2008 and 2009.
``SEC. 3032. GRANTS TO IMPROVE EDUCATIONAL SERVICES IN
PRISONS, JAILS, AND JUVENILE FACILITIES.
``(a) Grant Program Authorized.--The Attorney General shall
carry out a grant program under which the Attorney General
may make grants to States, units of local government,
territories, and Indian tribes for the purpose of improving
the academic and vocational education programs available to
offenders in prisons, jails, and juvenile facilities.
``(b) Application.--To be eligible for a grant under this
section, an entity described in subsection (a) shall submit
to the Attorney General an application in such form and
manner, at such time, and accompanied by such information as
the Attorney General specifies.
``(c) Reports.--An entity that receives a grant under
subsection (a) during a fiscal year shall, not later than the
last day of the following fiscal year, submit to the Attorney
General a report that describes and assesses the uses of that
grant.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated $10,000,000 to carry out this
section for each of fiscal years 2008 and 2009.''.
Subtitle C--Conforming Amendments
SEC. 121. USE OF VIOLENT OFFENDER TRUTH-IN-SENTENCING GRANT
FUNDING FOR DEMONSTRATION PROJECT ACTIVITIES.
Section 20102(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13702(a)) is amended--
(1) in paragraph (2) by striking ``and'' at the end;
(2) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) to carry out any activity described in section
2976(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797w(b)).''.
TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS
Subtitle A--Drug Treatment
SEC. 201. GRANTS FOR DEMONSTRATION PROGRAMS TO REDUCE DRUG
USE AND RECIDIVISM IN LONG-TERM SUBSTANCE
ABUSERS.
(a) Awards Required.--The Attorney General may make
competitive grants to eligible partnerships, in accordance
with this section, for the purpose of establishing
demonstration programs to reduce the use of alcohol and other
drugs by supervised long-term substance abusers during the
period in which each such long-term substance abuser is in
prison, jail, or a juvenile facility, and until the
completion of parole or court supervision of such abuser.
(b) Use of Grant Funds.--A grant made under subsection (a)
to an eligible partnership for a demonstration program, shall
be used--
(1) to support the efforts of the agencies, organizations,
and researchers included in the eligible partnership, with
respect to the program for which a grant is awarded under
this section;
(2) to develop and implement a program for supervised long-
term substance abusers during the period described in
subsection (a), which shall include--
(A) alcohol and drug abuse assessments that--
(i) are provided by a State-approved program; and
(ii) provide adequate incentives for completion of a
comprehensive alcohol or drug abuse treatment program,
including through the use of graduated sanctions; and
(B) coordinated and continuous delivery of drug treatment
and case management services during such period; and
(3) to provide addiction recovery support services (such as
job training and placement, peer support, mentoring,
education, and other related services) to strengthen
rehabilitation efforts for long-term substance abusers.
(c) Application.--To be eligible for a grant under
subsection (a) for a demonstration program, an eligible
partnership shall submit to the Attorney General an
application that--
(1) identifies the role, and certifies the involvement, of
each agency, organization, or researcher involved in such
partnership, with respect to the program;
[[Page S4199]]
(2) includes a plan for using judicial or other criminal or
juvenile justice authority to supervise the long-term
substance abusers who would participate in a demonstration
program under this section, including for--
(A) administering drug tests for such abusers on a regular
basis; and
(B) swiftly and certainly imposing an established set of
graduated sanctions for non-compliance with conditions for
reentry into the community relating to drug abstinence
(whether imposed as a pre-trial, probation, or parole
condition, or otherwise);
(3) includes a plan to provide supervised long-term
substance abusers with coordinated and continuous services
that are based on evidence-based strategies and that assist
such abusers by providing such abusers with--
(A) drug treatment while in prison, jail, or a juvenile
facility;
(B) continued treatment during the period in which each
such long-term substance abuser is in prison, jail, or a
juvenile facility, and until the completion of parole or
court supervision of such abuser;
(C) addiction recovery support services;
(D) employment training and placement;
(E) family-based therapies;
(F) structured post-release housing and transitional
housing, including housing for recovering substance abusers;
and
(G) other services coordinated by appropriate case
management services;
(4) includes a plan for coordinating the data
infrastructures among the entities included in the eligible
partnership and between such entities and the providers of
services under the demonstration program involved (including
providers of technical assistance) to assist in monitoring
and measuring the effectiveness of demonstration programs
under this section; and
(5) includes a plan to monitor and measure the number of
long-term substance abusers--
(A) located in each community involved; and
(B) who improve the status of their employment, housing,
health, and family life.
(d) Reports to Congress.--
(1) Interim report.--Not later than September 30, 2008, the
Attorney General shall submit to Congress a report that
identifies the best practices relating to the comprehensive
and coordinated treatment of long-term substance abusers,
including the best practices identified through the
activities funded under this section.
(2) Final report.--Not later than September 30, 2009, the
Attorney General shall submit to Congress a report on the
demonstration programs funded under this section, including
on the matters specified in paragraph (1).
(e) Definitions.--In this section:
(1) Eligible partnership.--The term ``eligible
partnership'' means a partnership that includes--
(A) the applicable Single State Authority for Substance
Abuse;
(B) the State, local, territorial, or tribal criminal or
juvenile justice authority involved;
(C) a researcher who has experience in evidence-based
studies that measure the effectiveness of treating long-term
substance abusers during the period in which such abusers are
under the supervision of the criminal or juvenile justice
system involved;
(D) community-based organizations that provide drug
treatment, related recovery services, job training and
placement, educational services, housing assistance,
mentoring, or medical services; and
(E) Federal agencies (such as the Drug Enforcement Agency,
the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and
the office of a United States attorney).
(2) Long-term substance abuser.--The term ``long-term
substance abuser'' means an individual who--
(A) is in a prison, jail, or juvenile facility;
(B) has abused illegal drugs or alcohol for a significant
number of years; and
(C) is scheduled to be released from prison, jail, or a
juvenile facility during the 24-month period beginning on the
date the relevant application is submitted under subsection
(c).
(3) Single state authority for substance abuse.--The term
``Single State Authority for Substance Abuse'' means an
entity designated by the Governor or chief executive officer
of a State as the single State administrative authority
responsible for the planning, development, implementation,
monitoring, regulation, and evaluation of substance abuse
services in that State.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2008 and 2009.
SEC. 202. OFFENDER DRUG TREATMENT INCENTIVE GRANTS.
(a) Grant Program Authorized.--The Attorney General shall
carry out a grant program under which the Attorney General
may make grants to States, units of local government,
territories, and Indian tribes in an amount described in
subsection (c) to improve the provision of drug treatment to
offenders in prisons, jails, and juvenile facilities.
(b) Requirements for Application.--
(1) In general.--To be eligible to receive a grant under
subsection (a) for a fiscal year, an entity described in that
subsection shall, in addition to any other requirements
specified by the Attorney General, submit to the Attorney
General an application that demonstrates that, with respect
to offenders in prisons, jails, and juvenile facilities who
require drug treatment and who are in the custody of the
jurisdiction involved, during the previous fiscal year that
entity provided drug treatment meeting the standards
established by the Single State Authority for Substance Abuse
(as that term is defined in section 201) for the relevant
State to a number of such offenders that is 2 times the
number of such offenders to whom that entity provided drug
treatment during the fiscal year that is 2 years before the
fiscal year for which that entity seeks a grant.
(2) Other requirements.--An application under this section
shall be submitted in such form and manner and at such time
as specified by the Attorney General.
(c) Allocation of Grant Amounts Based on Drug Treatment
Percent Demonstrated.--The Attorney General shall allocate
amounts under this section for a fiscal year based on the
percent of offenders described in subsection (b)(1) to whom
an entity provided drug treatment in the previous fiscal
year, as demonstrated by that entity in its application under
that subsection.
(d) Uses of Grants.--A grant awarded to an entity under
subsection (a) shall be used--
(1) for continuing and improving drug treatment programs
provided at prisons, jails, and juvenile facilities of that
entity; and
(2) to strengthen rehabilitation efforts for offenders by
providing addiction recovery support services, such as job
training and placement, education, peer support, mentoring,
and other similar services.
(e) Reports.--An entity that receives a grant under
subsection (a) during a fiscal year shall, not later than the
last day of the following fiscal year, submit to the Attorney
General a report that describes and assesses the uses of such
grant.
(f) Authorization of Appropriations.--There are authorized
to be appropriated $10,000,000 to carry out this section for
each of fiscal years 2008 and 2009.
SEC. 203. ENSURING AVAILABILITY AND DELIVERY OF NEW
PHARMACOLOGICAL DRUG TREATMENT SERVICES.
(a) Grant Program Authorized.--The Attorney General,
through the National Institute of Justice, and in
consultation with the National Institute on Drug Abuse and
the Substance Abuse and Mental Health Services
Administration, shall carry out a grant program under which
the Attorney General may make grants to States, units of
local government, territories, Indian tribes, and public and
private organizations to establish pharmacological drug
treatment services as part of the available drug treatment
programs being offered by such grantees to offenders who are
in prison or jail.
(b) Consideration of Pharmacological Treatments.--In
awarding grants under this section to eligible entities, the
Attorney General shall consider--
(1) the number and availability of pharmacological
treatments offered under the program involved; and
(2) the participation of researchers who are familiar with
evidence-based studies and are able to measure the
effectiveness of such treatments using randomized trials.
(c) Applications.--
(1) In general.--To be eligible for a grant under this
section, an entity described in subsection (a) shall submit
to the Attorney General an application in such form and
manner and at such time as the Attorney General specifies.
(2) Information required.--An application submitted under
paragraph (1) shall--
(A) provide assurances that grant funds will be used only
for a program that is created in coordination with (or
approved by) the Single State Authority for Substance Abuse
(as that term is defined in section 201) of the State
involved to ensure pharmacological drug treatment services
provided under that program are clinically appropriate;
(B) demonstrate how pharmacological drug treatment services
offered under the program are part of a clinically-
appropriate and comprehensive treatment plan; and
(C) contain such other information as the Attorney General
specifies.
(d) Reports.--An entity that receives a grant under
subsection (a) during a fiscal year shall, not later than the
last day of the following fiscal year, submit to the Attorney
General a report that describes and assesses the uses of that
grant.
SEC. 204. STUDY OF EFFECTIVENESS OF DEPOT NALTREXONE FOR
HEROIN ADDICTION.
(a) Grant Program Authorized.--The Attorney General,
through the National Institute of Justice, and in
consultation with the National Institute on Drug Abuse, shall
carry out a grant program under which the Attorney General
may make grants to public and private research entities
(including consortia, single private research entities, and
individual institutions of higher education) to evaluate the
effectiveness of depot naltrexone for the treatment of heroin
addiction.
(b) Evaluation Program.--To be eligible to receive a grant
under this section, an entity described in subsection (a)
shall submit to the Attorney General an application that--
(1) contains such information as the Attorney General
specifies, including information that demonstrates that--
(A) the applicant conducts research at a private or public
institution of higher education, as that term is defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1101);
[[Page S4200]]
(B) the applicant has a plan to work with parole officers
or probation officers for offenders who are under court
supervision; and
(C) the evaluation described in subsection (a) will measure
the effectiveness of such treatments using randomized trials;
and
(2) is in such form and manner and at such time as the
Attorney General specifies.
(c) Reports.--An entity that receives a grant under
subsection (a) during a fiscal year shall, not later than the
last day of the following fiscal year, submit to the Attorney
General a report that describes and assesses the uses of that
grant.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000 to
carry out sections 203 and 204 for each of fiscal years 2008
and 2009.
Subtitle B--Job Training
SEC. 211. TECHNOLOGY CAREERS TRAINING DEMONSTRATION GRANTS.
(a) Authority to Make Grants.--From amounts made available
to carry out this section, the Attorney General shall make
grants to States, units of local government, territories, and
Indian tribes to provide technology career training to
prisoners.
(b) Use of Funds.--A grant awarded under subsection (a) may
be used to establish a technology careers training program to
train prisoners during the 3-year period before release from
prison, jail, or a juvenile facility for technology-based
jobs and careers.
(c) Reports.--An entity that receives a grant under
subsection (a) during a fiscal year shall, not later than the
last day of the following fiscal year, submit to the Attorney
General a report that describes and assesses the uses of that
grant during that fiscal year.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2008 and 2009.
SEC. 212. GRANTS TO STATES FOR IMPROVED WORKPLACE AND
COMMUNITY TRANSITION TRAINING FOR INCARCERATED
YOUTH OFFENDERS.
Section 821 of the Higher Education Amendments of 1998 (20
U.S.C. 1151) is amended to read as follows:
``SEC. 821. GRANTS TO STATES FOR IMPROVED WORKPLACE AND
COMMUNITY TRANSITION TRAINING FOR INCARCERATED
YOUTH OFFENDERS.
``(a) Definition.--For purposes of this section, the term
`youth offender' means a male or female offender under the
age of 35, who is incarcerated in a State prison, including a
prerelease facility.
``(b) Grant Program.--The Secretary of Education (in this
section referred to as the `Secretary')--
``(1) shall establish a program in accordance with this
section to provide grants to the State correctional education
agencies in the States, from allocations for the States under
subsection (h), to assist and encourage youth offenders to
acquire functional literacy, life, and job skills, through--
``(A) the pursuit of a postsecondary education certificate,
or an associate or bachelor's degree while in prison; and
``(B) employment counseling and other related services
which start during incarceration and end not later than 1
year after release from confinement; and
``(2) may establish such performance objectives and
reporting requirements for State correctional education
agencies receiving grants under this section as the Secretary
determines are necessary to assess the effectiveness of the
program under this section.
``(c) Application.--To be eligible for a grant under this
section, a State correctional education agency shall submit
to the Secretary a proposal for a youth offender program
that--
``(1) identifies the scope of the problem, including the
number of youth offenders in need of postsecondary education
and career and technical education;
``(2) lists the accredited public or private educational
institution or institutions that will provide postsecondary
educational services;
``(3) lists the cooperating agencies, public and private,
or businesses that will provide related services, such as
counseling in the areas of career development, substance
abuse, health, and parenting skills;
``(4) describes specific performance objectives and
evaluation methods (in addition to, and consistent with, any
objectives established by the Secretary under subsection
(b)(2)) that the State correctional education agency will use
in carrying out its proposal, including--
``(A) specific and quantified student outcome measures that
are referenced to outcomes for non-program participants with
similar demographic characteristics; and
``(B) measures, consistent with the data elements and
definitions described in subsection (d)(1)(A), of--
``(i) program completion, including an explicit definition
of what constitutes a program completion within the proposal;
``(ii) knowledge and skill attainment, including
specification of instruments that will measure knowledge and
skill attainment;
``(iii) attainment of employment both prior to and
subsequent to release;
``(iv) success in employment indicated by job retention and
advancement; and
``(v) recidivism, including such subindicators as time
before subsequent offense and severity of offense;
``(5) describes how the proposed programs are to be
integrated with existing State correctional education
programs (such as adult education, graduate education degree
programs, and career and technical education) and State
industry programs;
``(6) describes how the proposed programs will have
considered or will utilize technology to deliver the services
under this section; and
``(7) describes how students will be selected so that only
youth offenders eligible under subsection (e) will be
enrolled in postsecondary programs.
``(d) Program Requirements.--Each State correctional
education agency receiving a grant under this section shall--
``(1) annually report to the Secretary regarding--
``(A) the results of the evaluations conducted using data
elements and definitions provided by the Secretary for the
use of State correctional education programs;
``(B) any objectives or requirements established by the
Secretary pursuant to subsection (b)(2); and
``(C) the additional performance objectives and evaluation
methods contained in the proposal described in subsection
(c)(4), as necessary to document the attainment of project
performance objectives; and
``(2) expend on each participating eligible student for an
academic year, not more than the maximum Federal Pell Grant
funded under section 401 of the Higher Education Act of 1965
for such academic year, which shall be used for--
``(A) tuition, books, and essential materials; and
``(B) related services such as career development,
substance abuse counseling, parenting skills training, and
health education.
``(e) Student Eligibility.--A youth offender shall be
eligible for participation in a program receiving a grant
under this section if the youth offender--
``(1) is eligible to be released within 5 years (including
a youth offender who is eligible for parole within such
time); and
``(2) is 35 years of age or younger.
``(f) Length of Participation.--A State correctional
education agency receiving a grant under this section shall
provide educational and related services to each
participating youth offender for a period not to exceed 5
years, 1 year of which may be devoted to study in a graduate
education degree program or to remedial education services
for students who have obtained a secondary school diploma or
its recognized equivalent. Educational and related services
shall start during the period of incarceration in prison or
prerelease, and the related services may continue for not
more than 1 year after release from confinement.
``(g) Education Delivery Systems.--State correctional
education agencies and cooperating institutions shall, to the
extent practicable, use high-tech applications in developing
programs to meet the requirements and goals of this section.
``(h) Allocation of Funds.--From the funds appropriated
pursuant to subsection (i) for each fiscal year, the
Secretary shall allot to each State an amount that bears the
same relationship to such funds as the total number of
students eligible under subsection (e) in such State bears to
the total number of such students in all States.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$30,000,000 for fiscal years 2008 and 2009.''.
Subtitle C--Mentoring
SEC. 221. MENTORING GRANTS TO NONPROFIT ORGANIZATIONS.
(a) Authority To Make Grants.--From amounts made available
to carry out this section, the Attorney General shall make
grants to nonprofit organizations for the purpose of
providing mentoring and other transitional services essential
to reintegrating offenders into the community.
(b) Use of Funds.--A grant awarded under subsection (a) may
be used for--
(1) mentoring adult and juvenile offenders during
incarceration, through transition back to the community, and
post-release;
(2) transitional services to assist in the reintegration of
offenders into the community; and
(3) training regarding offender and victims issues.
(c) Application; Priority Consideration.--
(1) In general.--To be eligible to receive a grant under
this section, a nonprofit organization shall submit an
application to the Attorney General at such time, in such
manner, and accompanied by such information as the Attorney
General may require.
(2) Priority consideration.--Priority consideration shall
be given to any application under this section that--
(A) includes a plan to implement activities that have been
demonstrated effective in facilitating the successful reentry
of offenders; and
(B) provides for an independent evaluation that includes,
to the maximum extent feasible, random assignment of
offenders to program delivery and control groups.
(d) Strategic Performance Outcomes.--The Attorney General
shall require each applicant under this section to identify
specific performance outcomes related to the long-term goal
of stabilizing communities by reducing recidivism (using a
measure that is consistent with the research undertaken by
the Bureau of Justice Statistics under section 241(b)(6)),
and reintegrating offenders into society.
(e) Reports.--An entity that receives a grant under
subsection (a) during a fiscal
[[Page S4201]]
year shall, not later than the last day of the following
fiscal year, submit to the Attorney General a report that
describes and assesses the uses of that grant during that
fiscal year and that identifies the progress of the grantee
toward achieving its strategic performance outcomes.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the Attorney General to carry out this
section $15,000,000 for each of fiscal years 2008 and 2009.
SEC. 222. BUREAU OF PRISONS POLICY ON MENTORING CONTACTS.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Director of the Bureau of Prisons
shall, in order to promote stability and continued assistance
to offenders after release from prison, adopt and implement a
policy to ensure that any person who provides mentoring
services to an incarcerated offender is permitted to continue
such services after that offender is released from prison.
That policy shall permit the continuation of mentoring
services unless the Director demonstrates that such services
would be a significant security risk to the offender,
incarcerated offenders, persons who provide such services, or
any other person.
(b) Report.--Not later than September 30, 2008, the
Director of the Bureau of Prisons shall submit to Congress a
report on the extent to which the policy described in
subsection (a) has been implemented and followed.
Subtitle D--Administration of Justice Reforms
CHAPTER 1--IMPROVING FEDERAL OFFENDER REENTRY
SEC. 231. FEDERAL PRISONER REENTRY PROGRAM.
(a) Establishment.--The Director of the Bureau of Prisons
(in this chapter referred to as the ``Director'') shall
establish a prisoner reentry strategy to help prepare
prisoners for release and successful reintegration into the
community, which shall require that the Bureau of Prisons--
(1) assess each prisoner's skill level (including academic,
vocational, health, cognitive, interpersonal, daily living,
and related reentry skills) at the beginning of the term of
imprisonment of that prisoner to identify any areas in need
of improvement prior to reentry;
(2) generate a skills development plan for each prisoner to
monitor skills enhancement and reentry readiness throughout
incarceration;
(3) determine program assignments for prisoners based on
the areas of need identified through the assessment described
in paragraph (1);
(4) ensure that priority is given to the reentry needs of
high-risk populations, such as sex offenders, career
criminals, and prisoners with mental health problems;
(5) coordinate and collaborate with other Federal agencies
and with State and local criminal justice agencies,
community-based organizations, and faith-based organizations
to help effectuate a seamless reintegration of prisoners into
their communities;
(6) collect information about a prisoner's family
relationships, parental responsibilities, and contacts with
children to help prisoners maintain important familial
relationships and support systems during incarceration and
after release from custody; and
(7) provide incentives for prisoner participation in skills
development programs.
(b) Incentives for Participation in Skills Development
Programs.--A prisoner who participates in reentry and skills
development programs may, at the discretion of the Director,
receive any of the following incentives:
(1) The maximum allowable period in a community confinement
facility.
(2) A reduction in the term of imprisonment of that
prisoner, except that such reduction may not be more than 1
year from the term the prisoner must otherwise serve.
(3) Such other incentives as the Director considers
appropriate.
SEC. 232. IDENTIFICATION AND RELEASE ASSISTANCE FOR FEDERAL
PRISONERS.
(a) Obtaining Identification.--The Director shall assist
prisoners in obtaining identification (including a social
security card, driver's license or other official photo
identification, or birth certificate) prior to release.
(b) Assistance Developing Release Plan.--At the request of
a direct-release prisoner, a representative of the United
States Probation System shall, prior to the release of that
prisoner, help that prisoner develop a release plan.
(c) Direct-Release Prisoner Defined.--In this section, the
term ``direct-release prisoner'' means a prisoner who is
scheduled for release and will not be placed in pre-release
custody.
SEC. 233. IMPROVED REENTRY PROCEDURES FOR FEDERAL PRISONERS.
The Attorney General shall take such steps as are necessary
to modify the procedures and policies of the Department of
Justice with respect to the transition of offenders from the
custody of the Bureau of Prisons to the community--
(1) to enhance case planning and implementation of reentry
programs, policies, and guidelines;
(2) to improve such transition to the community, including
placement of such individuals in community corrections
facilities; and
(3) to foster the development of collaborative partnerships
with stakeholders at the national and local levels to
facilitate the exchange of information and the development of
resources to enhance opportunities for successful offender
reentry.
SEC. 234. DUTIES OF THE BUREAU OF PRISONS.
(a) Duties of the Bureau of Prisons Expanded.--Section
4042(a) of title 18, United States Code, is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(6) establish pre-release planning procedures that help
prisoners--
``(A) apply for Federal and State benefits upon release
(including Social Security Cards, Social Security benefits,
and veterans' benefits); and
``(B) secure such identification and benefits prior to
release, subject to any limitations in law; and
``(7) establish reentry planning procedures that include
providing Federal prisoners with information in the following
areas:
``(A) Health and nutrition.
``(B) Employment.
``(C) Literacy and education.
``(D) Personal finance and consumer skills.
``(E) Community resources.
``(F) Personal growth and development.
``(G) Release requirements and procedures.''.
(b) Measuring the Removal of Obstacles to Reentry.--
(1) Program required.--The Director shall carry out a
program under which each institution within the Bureau of
Prisons codes the reentry needs and deficits of prisoners, as
identified by an assessment tool that is used to produce an
individualized skills development plan for each inmate.
(2) Tracking.--In carrying out the program under this
subsection, the Director shall quantitatively track, by
institution and Bureau-wide, the progress in responding to
the reentry needs and deficits of individual inmates.
(3) Annual report.--On an annual basis, the Director shall
prepare and submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report that documents the progress of each
institution within the Bureau of Prisons, and of the Bureau
as a whole, in responding to the reentry needs and deficits
of inmates. The report shall be prepared in a manner that
groups institutions by security level to allow comparisons of
similar institutions.
(4) Evaluation.--The Director shall--
(A) implement a formal standardized process for evaluating
the success of each institution within the Bureau of Prisons
in enhancing skills and resources to assist in reentry; and
(B) ensure that--
(i) each institution is held accountable for low
performance under such an evaluation; and
(ii) plans for corrective action are developed and
implemented as necessary.
(c) Measuring and Improving Recidivism Outcomes.--
(1) Annual report required.--
(A) In general.--At the end of each fiscal year, the
Director shall submit to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives a report containing the statistics
demonstrating the relative reduction in recidivism for
inmates released by the Bureau of Prisons within that fiscal
year and the 2 prior fiscal years, comparing inmates who
participated in major inmate programs (including residential
drug treatment, vocational training, and prison industries)
with inmates who did not participate in such programs. Such
statistics shall be compiled separately for each such fiscal
year.
(B) Scope.--A report under this paragraph is not required
to include statistics for a fiscal year that begins before
the date of the enactment of this Act.
(C) Contents.--Each report under this paragraph shall
provide the recidivism statistics for the Bureau of Prisons
as a whole, and separately for each institution of the
Bureau.
(2) Measure used.--In preparing the reports required by
paragraph (1), the Director shall, in consultation with the
Director of the Bureau of Justice Statistics, select a
measure for recidivism (such as rearrest, reincarceration, or
any other valid, evidence-based measure) that the Director
considers appropriate and that is consistent with the
research undertaken by the Bureau of Justice Statistics under
section 241(b)(6).
(3) Goals.--
(A) In general.--After the Director submits the first
report required by paragraph (1), the Director shall
establish goals for reductions in recidivism rates and shall
work to attain those goals.
(B) Contents.--The goals established under subparagraph (A)
shall use the relative reductions in recidivism measured for
the fiscal year covered by that first report as a baseline
rate, and shall include--
(i) a 5-year goal to increase, at a minimum, the baseline
relative reduction rate by 2 percent; and
(ii) a 10-year goal to increase, at a minimum, the baseline
relative reduction rate by 5 percent within 10 fiscal years.
(d) Format.--Any written information that the Bureau of
Prisons provides to inmates for reentry planning purposes
shall use common terminology and language.
(e) Medical Care.--The Bureau of Prisons shall provide the
United States Probation and Pretrial Services System with
relevant
[[Page S4202]]
information on the medical care needs and the mental health
treatment needs of inmates scheduled for release from
custody. The United States Probation and Pretrial Services
System shall take this information into account when
developing supervision plans in an effort to address the
medical care and mental health care needs of such
individuals. The Bureau of Prisons shall provide inmates with
a sufficient amount of all necessary medications (which will
normally consist of, at a minimum, a 2-week supply of such
medications) upon release from custody.
SEC. 235. AUTHORIZATION OF APPROPRIATIONS FOR BUREAU OF
PRISONS.
There are authorized to be appropriated to the Director to
carry out sections 231, 232, 233, and 234 of this chapter,
$5,000,000 for each of the fiscal years 2008 and 2009.
SEC. 236. ENCOURAGEMENT OF EMPLOYMENT OF FORMER PRISONERS.
The Attorney General, in consultation with the Secretary of
Labor, shall take such steps as are necessary to implement a
program to educate employers and the one-stop partners and
one-stop operators (as such terms are defined in section 101
of the Workforce Investment Act of 1998 (29 U.S.C. 2801))
that provide services at any center operated under a one-stop
delivery system established under section 134(c) of the
Workforce Investment Act of 1998 (29 U.S.C. 2864(c))
regarding incentives (including the Federal bonding program
of the Department of Labor and tax credits) for hiring former
Federal, State, or local prisoners.
SEC. 237. ELDERLY NONVIOLENT OFFENDER PILOT PROGRAM.
(a) Program Established.--
(1) In general.--Notwithstanding section 3624 of title 18,
United States Code, or any other provision of law, the
Director shall conduct a pilot program to determine the
effectiveness of removing each eligible elderly offender from
a Bureau of Prison facility and placing that offender on home
detention until the date on which the term of imprisonment to
which that offender was sentenced expires.
(2) Timing of placement in home detention.--
(A) In general.--In carrying out the pilot program under
paragraph (1), the Director shall--
(i) in the case of an offender who is determined to be an
eligible elderly offender on or before the date specified in
subparagraph (B), place such offender on home detention not
later than 180 days after the date of enactment of this Act;
and
(ii) in the case of an offender who is determined to be an
eligible elderly offender after the date specified in
subparagraph (B) and before the date that is 3 years and 91
days after the date of enactment of this Act, place such
offender on home detention not later than 90 days after the
date of that determination.
(B) Date specified.--For purposes of subparagraph (A), the
date specified in this subparagraph is the date that is 90
days after the date of enactment of this Act.
(3) Violation of terms of home detention.--A violation by
an eligible elderly offender of the terms of home detention
(including the commission of another Federal, State, or local
crime) shall result in the removal of that offender from home
detention and the return of that offender to the designated
Bureau of Prisons institution in which that offender was
imprisoned immediately before placement on home detention
under paragraph (1).
(b) Scope of Pilot Program.--
(1) Participating designated facilities.--The pilot program
under subsection (a) shall be conducted through at least 1
Bureau of Prisons institution designated by the Director as
appropriate for the pilot program.
(2) Duration.--The pilot program shall be conducted during
each of fiscal years 2008 and 2009.
(c) Program Evaluation.--
(1) In general.--The Director shall contract with an
independent organization to monitor and evaluate the progress
of each eligible elderly offender placed on home detention
under subsection (a)(1) for the period that offender is on
home detention during the period described in subsection
(b)(2).
(2) Annual report.--The organization described in paragraph
(1) shall annually submit to the Director and to Congress a
report on the pilot program under subsection (a)(1), which
shall include--
(A) an evaluation of the effectiveness of the pilot program
in providing a successful transition for eligible elderly
offenders from incarceration to the community, including data
relating to the recidivism rates for such offenders; and
(B) the cost savings to the Federal Government resulting
from the early removal of such offenders from incarceration.
(3) Program adjustments.--Upon review of the report
submitted under paragraph (2), the Director shall submit
recommendations to Congress for adjustments to the pilot
program, including its expansion to additional facilities.
(d) Definitions.--In this section:
(1) Eligible elderly offender.--The term ``eligible elderly
offender'' means an offender in the custody of the Bureau of
Prisons who--
(A) is not less than 60 years of age;
(B) is serving a term of imprisonment after conviction for
an offense other than a crime of violence (as that term is
defined in section 16 of title 18, United States Code) and
has served the greater of 10 years or \1/2\ of the term of
imprisonment of that offender;
(C) has not been convicted in the past of any Federal or
State crime of violence;
(D) has not been determined by the Bureau of Prisons, on
the basis of information the Bureau uses to make custody
classifications, and in the sole discretion of the Bureau, to
have a history of violence; and
(E) has not escaped, or attempted to escape, from a Bureau
of Prisons institution.
(2) Home detention.--The term ``home detention'' has the
same meaning given the term in the Federal Sentencing
Guidelines, and includes detention in a nursing home or other
residential long-term care facility.
(3) Term of imprisonment.--The term ``term of
imprisonment'' includes multiple terms of imprisonment
ordered to run consecutively or concurrently, which shall be
treated as a single, aggregate term of imprisonment for
purposes of this section.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2008 and 2009.
CHAPTER 2--REENTRY RESEARCH
SEC. 241. OFFENDER REENTRY RESEARCH.
(a) National Institute of Justice.--The National Institute
of Justice may conduct research on juvenile and adult
offender reentry, including--
(1) a study identifying the number and characteristics of
minor children who have had a parent incarcerated, and the
likelihood of such minor children becoming involved in the
criminal justice system some time in their lifetime;
(2) a study identifying a mechanism to compare rates of
recidivism (including rearrest, violations of parole,
probation, post-incarceration supervision, and
reincarceration) among States; and
(3) a study on the population of offenders released from
custody who do not engage in recidivism and the
characteristics (housing, employment, treatment, family
connection) of that population.
(b) Bureau of Justice Statistics.--The Bureau of Justice
Statistics may conduct research on offender reentry,
including--
(1) an analysis of special populations (including prisoners
with mental illness or substance abuse disorders, female
offenders, juvenile offenders, offenders with limited English
proficiency, and the elderly) that present unique reentry
challenges;
(2) studies to determine which offenders are returning to
prison, jail, or a juvenile facility and which of those
returning offenders represent the greatest risk to victims
and community safety;
(3) annual reports on the demographic characteristics of
the population returning to society from prisons, jails, and
juvenile facilities;
(4) a national recidivism study every 3 years;
(5) a study of parole, probation, or post-incarceration
supervision violations and revocations; and
(6) a study concerning the most appropriate measure to be
used when reporting recidivism rates (whether rearrest,
reincarceration, or any other valid, evidence-based measure).
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $1,000,000 for
each of fiscal years 2008 and 2009.
SEC. 242. GRANTS TO STUDY PAROLE OR POST-INCARCERATION
SUPERVISION VIOLATIONS AND REVOCATIONS.
(a) Grants Authorized.--From amounts made available to
carry out this section, the Attorney General may make grants
to States to study and to improve the collection of data with
respect to individuals whose parole or post-incarceration
supervision is revoked, and which such individuals represent
the greatest risk to victims and community safety.
(b) Application.--As a condition of receiving a grant under
this section, a State shall--
(1) certify that the State has, or intends to establish, a
program that collects comprehensive and reliable data with
respect to individuals described in subsection (a), including
data on--
(A) the number and type of parole or post-incarceration
supervision violations that occur with the State;
(B) the reasons for parole or post-incarceration
supervision revocation;
(C) the underlying behavior that led to the revocation; and
(D) the term of imprisonment or other penalty that is
imposed for the violation; and
(2) provide the data described in paragraph (1) to the
Bureau of Justice Statistics, in a form prescribed by the
Bureau.
(c) Analysis.--Any statistical analysis of population data
under this section shall be conducted in accordance with the
Federal Register Notice dated October 30, 1997, relating to
classification standards.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $1,000,000 for
each of fiscal years 2008 and 2009.
SEC. 243. ADDRESSING THE NEEDS OF CHILDREN OF INCARCERATED
PARENTS.
(a) Best Practices.--
(1) In general.--The Attorney General shall collect data
and develop best practices of State corrections departments
and child protection agencies relating to the communication
and coordination between such State departments and agencies
to ensure the safety and support of children of incarcerated
parents (including those in foster
[[Page S4203]]
care and kinship care), and the support of parent-child
relationships between incarcerated (and formerly
incarcerated) parents and their children, as appropriate to
the health and well-being of the children.
(2) Contents.--The best practices developed under paragraph
(1) shall include information related to policies,
procedures, and programs that may be used by States to
address--
(A) maintenance of the parent-child bond during
incarceration;
(B) parental self-improvement; and
(C) parental involvement in planning for the future and
well-being of their children.
(b) Dissemination to States.--Not later than 1 year after
the date of enactment of this Act, the Attorney General shall
disseminate to States and other relevant entities the best
practices described in subsection (a).
(c) Sense of Congress.--It is the sense of Congress that
States and other relevant entities should use the best
practices developed and disseminated in accordance with this
section to evaluate and improve the communication and
coordination between State corrections departments and child
protection agencies to ensure the safety and support of
children of incarcerated parents (including those in foster
care and kinship care), and the support of parent-child
relationships between incarcerated (and formerly
incarcerated) parents and their children, as appropriate to
the health and well-being of the children.
CHAPTER 3--CORRECTIONAL REFORMS TO EXISTING LAW
SEC. 251. CLARIFICATION OF AUTHORITY TO PLACE PRISONER IN
COMMUNITY CORRECTIONS.
(a) Pre-Release Custody.--Section 3624(c) of title 18,
United States Code, is amended to read as follows:
``(c) Pre-Release Custody.--
``(1) In general.--The Director of the Bureau of Prisons
shall, to the extent practicable, ensure that a prisoner
serving a term of imprisonment spends a portion of the final
months of that term (not to exceed 12 months), under
conditions that will afford that prisoner a reasonable
opportunity to adjust to and prepare for the reentry of that
prisoner into the community. Such conditions may include a
community correctional facility.
``(2) Home confinement authority.--The authority under this
subsection may be used to place a prisoner in home
confinement for the shorter of 10 percent of the term of
imprisonment of that prisoner or 6 months.
``(3) Assistance.--The United States Probation System
shall, to the extent practicable, offer assistance to a
prisoner during pre-release custody under this subsection.
``(4) No limitations.--Nothing in this subsection shall be
construed to limit or restrict the authority of the Director
of the Bureau of Prisons under section 3621.
``(5) Reporting.--Not later than 1 year after the date of
enactment of the Recidivism Reduction and Second Chance Act
of 2007 (and every year thereafter), the Director of the
Bureau of Prisons shall transmit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report describing the Bureau's
utilization of community corrections facilities. Each report
under this paragraph shall set forth the number and
percentage of Federal prisoners placed in community
corrections facilities during the preceding year, the average
length of such placements, trends in such utilization, the
reasons some prisoners are not placed in community
corrections facilities, and any other information that may be
useful to the committees in determining if the Bureau is
utilizing community corrections facilities in an effective
manner.
``(6) Issuance of regulations.--The Director of Bureau of
Prisons shall issue regulations pursuant to this subsection
not later than 90 days after the date of enactment of the
Recidivism Reduction and Second Chance Act of 2007.''.
(b) Courts May Not Require a Sentence of Imprisonment To Be
Served in a Community Corrections Facility.--Section 3621(b)
of title 18, United States Code, is amended by adding at the
end the following: ``Any order, recommendation, or request by
a sentencing court that a convicted person serve a term of
imprisonment in a community corrections facility shall have
no binding effect on the authority of the Bureau under this
section to determine or change the place of imprisonment of
that person.''.
SEC. 252. RESIDENTIAL DRUG ABUSE PROGRAM IN FEDERAL PRISONS.
Section 3621(e)(5)(A) of title 18, United States Code, is
amended by striking ``means a course of'' and all that
follows and inserting the following: ``means a course of
individual and group activities and treatment, lasting at
least 6 months, in residential treatment facilities set apart
from the general prison population (which may include the use
of pharmocotherapies, where appropriate, that may extend
beyond the 6-month period);''.
SEC. 253. MEDICAL CARE FOR PRISONERS.
Section 3621 of title 18, United States Code, is further
amended by adding at the end the following new subsection:
``(g) Continued Access to Medical Care.--
``(1) In general.--In order to ensure a minimum standard of
health and habitability, the Bureau of Prisons shall ensure
that each prisoner in a community confinement facility has
access to necessary medical care, mental health care, and
medicine.
``(2) Definition.--In this subsection, the term `community
confinement' has the meaning given that term in the
application notes under section 5F1.1 of the Federal
Sentencing Guidelines Manual, as in effect on the date of the
enactment of the Second Chance Act of 2007.''.
SEC. 254. CONTRACTING FOR SERVICES FOR POST-CONVICTION
SUPERVISION OFFENDERS.
Section 3672 of title 18, United States Code, is amended by
inserting after the third sentence in the seventh
undesignated paragraph the following: ``He also shall have
the authority to contract with any appropriate public or
private agency or person to monitor and provide services to
any offender in the community, including treatment, equipment
and emergency housing, corrective and preventative guidance
and training, and other rehabilitative services designed to
protect the public and promote the successful reentry of the
offender into the community.''.
______
By Mr. DURBIN (for himself and Mr. Grassley):
S.1062. A bill to establish a congressional commemorative medal for
organ donors and their families; to the Committee on Banking, Housing,
and Urban Affairs.
Mr. DURBIN. Mr. President, I am proud to be joined today by my
colleagues, Senator Grassley from Iowa, and Representative Stark in the
House, to introduce the William H. Frist Gift of Life Congressional
Medal Act. This important legislation gives long overdue recognition to
the courageous act of organ donation and encourages others to become
new donors.
This bill establishes a congressional medal to recognize organ donors
and their families for their selfless acts of organ donation. The medal
is named in honor of Dr. William H. Frist, a former transplant surgeon,
later Senate majority leader, who first offered the Gift of Life
Congressional Medal Act during his time in the Senate.
Nearly 100,000 people are currently waiting for an organ transplant.
Over 2,000 are children under age 18. In my home State of Illinois,
nearly 5,000 men, women, and children wait for a life-saving donation.
Sadly, the national waiting list continues to grow every year. Since
the waiting list began, at least 75,000 donation-eligible Americans
have died waiting for an organ to become available; in 2005 alone, over
6,000 people died for lack of a suitable organ, including some 300
Illinois residents. Minorities representing approximately 25 percent of
the population comprise over 40 percent of the organ transplant waiting
list and half of the patients who die while patiently waiting for their
gift of life.
Every 16 minutes, a new name is added to the growing list, while the
hope of those who have been waiting for months and years at a time
begins to diminish. To narrow the gap between the limited supply and
the increasing demand for donated organs, willing donors must make
their desire to donate clear to the only people able to make the
decision if the occasion should arise--their immediate family members.
Although there are up to 15,000 potential donors annually, families
consent to donation for less than 6,000 donors.
Congressional medals are awarded to individuals who perform an
outstanding deed or act of service to the security, prosperity, and
national interest of the United States. Is there a more outstanding
deed or act than that of the gift of life? Over 21,000 Americans
receive the gift of life each year through transplantation surgery made
possible by the generosity of organ and tissue donors. The Gift of Life
Congressional Medal Act would allow us to recognize these donors and
their families and inspire others to become donors.
This is noncontroversial, nonpartisan legislation to recognize the
selfless act of donating one's organ for another's well-being and to
hopefully increase the rate of organ donation. I ask my colleagues to
help bring an end to transplant waiting lists and give recognition to
the faith and courage displayed by organ donors and their families.
This bill honors these brave acts, while publicizing the critical need
for increased organ donation. I urge all of my colleagues to support
the William H. Frist Gift of Life Congressional Medal Act.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
[[Page S4204]]
S. 1062
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 ``William H. Frist Gift of
Life Congressional Medal Act''.
SEC. 2. CONGRESSIONAL MEDAL.
The Secretary of the Treasury shall design and strike a
bronze medal with suitable emblems, devices, and
inscriptions, to be determined by the Secretary of the
Treasury, to commemorate organ donors and their families.
SEC. 3. ELIGIBILITY REQUIREMENTS.
(a) In General.--Any organ donor, or the family of any
organ donor, shall be eligible for a medal described in
section 2.
(b) Documentation.--The Secretary of Health and Human
Services shall direct the entity holding the Organ
Procurement and Transplantation Network (hereafter in this
Act referred to as ``OPTN'') to contract to--
(1) establish an application procedure requiring the
relevant organ procurement organization, as described in
section 371(b)(1) of the Public Health Service Act (42 U.S.C.
273(b)(1)), through which an individual or their family made
an organ donation, to submit to the OPTN contractor
documentation supporting the eligibility of that individual
or their family to receive a medal described in section 2;
and
(2) determine, through the documentation provided, and, if
necessary, independent investigation, whether the individual
or family is eligible to receive a medal described in section
2.
SEC. 4. PRESENTATION.
(a) Delivery to the Secretary of Health and Human
Services.--The Secretary of the Treasury shall deliver medals
struck pursuant to this Act to the Secretary of Health and
Human Services.
(b) Delivery to Eligible Recipients.--The Secretary of
Health and Human Services shall direct the OPTN contractor to
arrange for the presentation to the relevant organ
procurement organization all medals struck pursuant to this
Act to individuals or families that, in accordance with
section 3, the OPTN contractor has determined to be eligible
to receive medals under this Act.
(c) Limitation.--
(1) In general.--Except as provided in paragraph (2), only
1 medal may be presented to a family under subsection (b).
Such medal shall be presented to the donating family member,
or in the case of a deceased donor, the family member who
signed the consent form authorizing, or who otherwise
authorized, the donation of the organ involved.
(2) Exception.--In the case of a family in which more than
1 member is an organ donor, the OPTN contractor may present
an additional medal to each such organ donor or their family.
SEC. 5. DUPLICATE MEDALS.
(a) In General.--The Secretary of Health and Human Services
or the OPTN contractor may provide duplicates of the medal
described in section 2 to any recipient of a medal under
section 4(b), under such regulations as the Secretary of
Health and Human Services may issue.
(b) Limitation.--The price of a duplicate medal shall be
sufficient to cover the cost of such duplicates.
SEC. 6. NATIONAL MEDALS.
The medals struck pursuant to this Act are national medals
for purposes of section 5111 of title 31, United States Code.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
No provision of law governing procurement or public
contracts shall be applicable to the procurement of goods or
services necessary for carrying out the provisions of this
Act.
SEC. 8. SOLICITATION OF DONATIONS.
(a) In General.--The Secretary of the Treasury may enter
into an agreement with the OPTN contractor to collect funds
to offset expenditures relating to the issuance of medals
authorized under this Act.
(b) Payment of Funds.--
(1) In general.--Except as provided in paragraph (2), all
funds received by the Organ Procurement and Transplantation
Network under subsection (a) shall be promptly paid by the
Organ Procurement and Transplantation Network to the
Secretary of the Treasury.
(2) Limitation.--Not more than 5 percent of any funds
received under subsection (a) shall be used to pay
administrative costs incurred by the OPTN contractor as a
result of an agreement established under this section.
(c) Numismatic Public Enterprise Fund.--Notwithstanding any
other provision of law--
(1) all amounts received by the Secretary of the Treasury
under subsection (b)(1) shall be deposited in the Numismatic
Public Enterprise Fund, as described in section 5134 of title
31, United States Code; and
(2) the Secretary of the Treasury shall charge such fund
with all expenditures relating to the issuance of medals
authorized under this Act.
(d) Start-Up Costs.--A 1-time amount not to exceed $55,000
shall be provided to the OPTN contractor to cover initial
start-up costs. The amount will be paid back in full within 3
years of the date of the enactment of this Act from funds
received under subsection (a).
(e) No Net Cost to the Government.--The Secretary of the
Treasury shall take all actions necessary to ensure that the
issuance of medals authorized under section 2 results in no
net cost to the Government.
SEC. 9. DEFINITIONS.
For purposes of this Act--
(1) the term ``organ'' means the human kidney, liver,
heart, lung, pancreas, and any other human organ (other than
corneas and eyes) specified by regulation of the Secretary of
Health and Human Services or the OPTN contractor; and
(2) the term ``Organ Procurement and Transplantation
Network'' means the Organ Procurement and Transplantation
Network established under section 372 of the Public Health
Service Act (42 U.S.C. 274).
SEC. 10. SUNSET PROVISION.
This Act shall be effective during the 2-year period
beginning on the date of the enactment of this Act.
______
By Mrs. CLINTON:
S. 1063. A bill to amend title 10, United States Code, to improve
certain death and survivor benefits with respect to members of the
Armed Forces, and for other purposes; to the Committee on Armed
Services.
______
By Mrs. CLINTON:
S. 1064. A bill to provide for the improvement of the physical
evaluation processes applicable to members of the Armed Forces, and for
other purposes; to the Committee on Armed Services.
______
By Mrs. CLINTON (for herself and Ms. Collins):
S. 1065. A bill to improve the diagnosis and treatment of traumatic
brain injury in members and former members of the Armed Forces, to
review and expand telehealth and telemental health programs of the
Department of Defense and the Department of Veterans Affairs, and for
other purposes; to the Committee on Armed Services.
Mrs. CLINTON. Mr. President, today, I am introducing the Heroes at
Home Act of 2007, the Restoring Disability Benefits for Injured and
Wounded Warriors Act of 2007, and the Protecting Military Family
Financial Benefits Act of 2007 to serve our servicemembers and send a
message: you will be treated as heroes before deployment, during
deployment, and upon returning home. You didn't offer excuses and do
not deserve to be offered excuses by your country.
I want to thank Senator Collins for co-sponsoring the Heroes at Home
Act of 2007 and for partnering with me on numerous pieces of
legislation and initiatives related to these and other important health
issues.
This is a moment of profound challenge for our country, for our
military, and for our men and women in uniform. And while there are
often strong disagreements here in Washington, I hope we can unite
around our common values and patriotism when it comes to how we treat
our servicemembers and veterans.
If you serve your country your country should serve you. That is the
promise our country must keep to the men and women who enlist, who
fight, and who return home often bearing the visible and invisible
scars of sacrifice. Sadly, too often in the past several years, that
promise has been broken: whether it's a lack of up-armored vehicles on
the ground in Iraq or a lack of appropriate care in outpatient
facilities at Walter Reed.
Last year, I authored and passed into law the Heroes at Home
initiative to assist returning servicemembers experiencing the complex,
diffuse, and life-altering symptoms of traumatic brain injury and other
mental health difficulties.
One out of every 10 returning servicemembers are affected by
traumatic brain injury (TBI), which has been widely identified as the
``signature wound'' of the Global War on Terror. This includes severe
injuries as well as invisible wounds that result in trouble remembering
appointments, holding down a job, and returning to civilian life.
Unfortunately, troops have an increased risk of sustaining more than
one mild or moderate TBI because of multiple deployments and the
prevalent use of Improved Explosive Devices by enemy combatants in
Operation Iraqi Freedom and Operation Enduring Freedom. However, mild
and moderate TBI may go undetected, especially if the servicemember has
sustained more obvious injuries. Further, it can be difficult to
distinguish mild TBI from Post Traumatic Stress Disorder since both
conditions have common symptoms, such as irritability, anxiety and
depression. Although many wounded
[[Page S4205]]
servicemembers receive cognitive evaluations upon returning from
deployment, the lack of a baseline test conducted prior to the injury
leads these servicemembers to question the validity of their post-
deployment assessments.
When I visited Walter Reed a few weeks ago, I met a young Army
soldier who had lost one arm and lost his ring finger because his
wedding band had melted onto it. I asked him how he was doing, and he
said, ``You know, I'm working hard at my rehabilitation and they're
taking great care of me with my prosthetics.''
He said, ``but what really bothers me is my memory. I don't have the
focus that I used to have. I can't really set out tasks and know that I
can accomplish them.'' And he said, ``That's the thing that really
bothers me I've got to have my brain back.''
His story, and the stories of hundreds of other servicemembers like
him, demonstrates that we need to do more to help rapid identification
of traumatic brain injury in order to facilitate the best care once the
servicemembers return home, and expand support systems for members and
former members of the Armed Services with traumatic brain injury and
their families.
That's why I, along with Senator Collins, am introducing the Heroes
at Home Act of 2007 today, to build on last year's Heroes at Home
initiative. I am grateful to have developed this proposal with the
Wounded Warrior Project, the National Military Family Association, the
Military Officers Association of America, and the American Academy of
Neurology.
We should provide pre-deployment cognitive screening to better
diagnose and treat traumatic brain injury when these men and women
return home. This legislation will improve detection of mild and
moderate TBI by implementing an objective, computer-based assessment
protocol to measure cognitive functioning both prior to and after
deployment. This baseline test will help detect mild and moderate cases
of TBI and distinguish them from PTSD. My legislation will also require
that the same assessment tool be used across all branches of the
6yArmed Services and for every member of the Armed Forces who will be
deployed to Iraq and Afghanistan.
We should also help families take care of a loved one by providing
them with training to become certified caregivers, so that they can
receive compensation for care giving they already provide. Family
members of returning soldiers with TBI are often ill-equipped to handle
the demands of caring for their loved one, which in some bases can
become a full-time responsibility. My legislation will establish a
Traumatic Brain Injury Family Caregiver Personal Care Attendant
Training and Certification Program, which would train and certify
family caregivers of TBI patients as personal care attendants, enabling
them to provide quality care at home and at the same time qualify for
compensation from the VA.
Finally, we should explore new ways to treat TBI in rural settings
and outpatient clinics through telemedicine. Servicemembers and
veterans continue to face problems in accessing needed medical and
mental health care, especially veterans or Guard and Reserve members
who live in rural areas. The Heroes at Home Act of 2007 will help
increase the reach of needed care for TBI by creating a demonstration
project, administered jointly by the Departments of Defense and
Veterans Affairs that would use telehealth technology to assess TBI and
related mental health conditions and facilitate rehabilitation and
dissemination of educational material on techniques, strategies and
skills for servicemembers with TBI.
On March 6, 2007 Chief of Staff of the Army General Peter Schoomaker
and the then Army Surgeon General Lieutenant General Kevin C. Kiley,
testified before the Senate Armed Services Committee that soldiers
appearing before the Physical Evaluation Board were ``short-changed''
and had not received appropriate disability benefits. According to the
Congressional Research Service, since the enactment of the Traumatic
Servicemembers Group Life Insurance program at least 45 percent of
claims have been denied. In March 2006 the Comptroller General issued
GAO Report 06-362: Military Disability System: Improved Oversight
Needed to Ensure Consistent and Timely Outcomes for Reserve and Active
Duty Service Members--the Department of Defense did not heed the
recommendations provided in this report and as a result injured and
wounded warriors continue to languish in an inefficient and adversarial
disability system.
I am also introducing legislation to fix the disability benefits
system for our wounded warriors. When I've visited Walter Reed, one
common thread uniting the problems is the disjointed and unfair process
for evaluating disabilities. There were only three lawyers and one
paralegal assigned to Walter Reed's entire evaluation process. Compare
that to 4,000 Army JAG lawyers assigned to active duty, the National
Guard, and the Reserves.
The ``Restoring Disability Benefits for Injured and Wounded Warriors
Act of 2007'' will restore disability benefits for wounded and injured
members of the Armed Forces. The act will direct reviews of disability
claims, traumatic injury claims, and the Physical Evaluation Board
process. Additionally, the ``Restoring Disability Benefits for Injured
and Wounded Warriors Act of 2007'' will increase the availability of
legal counsel for members appealing their disability cases, and direct
the Comptroller General to provide a follow up report on the efforts
currently being made by the Department of Defense to address certain
deficiencies in the Disability Evaluation Systems; the adequacy of the
Department of Veterans Affairs Disability Schedule for Ratings as it
relates to the nature of wounds our warriors suffer in combat today;
and to report on the standards and procedures of Physical Evaluation
Boards.
So I am proposing an up-and-down review of previously-denied cases
and failed appeals, an independent review of traumatic injury claims
under the Traumatic Servicemembers Group Life Insurance program where
up to 45 percent of claims have been denied, and a fix to ensure
members have the proper liaison and legal assistance when appearing
before the Physical Evaluation Board. We must stop short-changing our
wounded warriors.
Finally, I am introducing the Protecting Military Family Financial
Benefits Act of 2007 to close gaps in coverage for the Death Gratuity
and Survivor Benefits beneficiaries and improve pre-deployment
counseling and services for all members of the Armed Forces.
Every day single-parents deploy to distant battlefields and leave
their minor children in the care of a financially ill-prepared guardian
or caretaker. Unfortunately, when tragedy strikes and a military
servicemember makes the ultimate sacrifice, minor dependent children
and families are excluded from benefits and entitlements. In too many
cases pre-deployment counseling and help are under-funded or
unavailable.
These provisions will add an option for members of the Armed Forces
to designate guardians or caretakers as a beneficiary for Death
Gratuity benefits for care of dependent children and to receive
annuities under the Survivor Benefit Plan for care of dependent
children. These options do not exist under current law.
The Department of Defense will be required to commission an
independent panel to review and assess military pre-deployment
counseling and services, and implement recommended changes and best
practices within 120 days of receiving the report. This review will
include pre-deployment counseling and services available for unmarried
members of the Armed Forces with dependent children, unmarried single
members without dependent children, and married members with or without
dependent children.
Specifically, what level of counseling or services are available for
these members to maximize financial protections for the proper care of
their surviving dependents under the Servicemembers' Group Life
Insurance, Traumatic Servicemembers' Group Life Insurance, Death
Gratuity, Dependency and Indemnity Compensation, Survivor Benefits
Plan, and benefits payable under the Social Security Act.
The review will include the preparation and maintenance of Family
Care Plans for single-parents including elements for such plans
relating to death
[[Page S4206]]
benefits, wills, powers of attorney, trusts, safeguarding of the plan
during deployment, and the acknowledgement of specific guardian and
caretaker duties relating to use of financial benefits for the care of
minor dependent children.
Finally, this review will determine the adequate level of resources
available at military pre-deployment centers including: the
availability of legal and financial counseling, training level of pre-
deployment counselors, Family Support Group involvement, availability
of PTSD screening, and availability of suicide prevention counseling.
Let us all join together in accepting our responsibility as a nation
to those who serve and resolve to improve their care for traumatic
brain injuries, reform their disability benefits, and fix their
survivor benefits.
I ask unanimous consent letters of support for this legislation be
printed in the Record.
There being no objection, the letters were ordered to be printed in
the record, as follows:
Military Officers
Association of America,
Alexandria, VA, March 28, 2007.
Hon. Hillary Rodham Clinton,
U.S. Senate,
Washington, DC.
Dear Senator Clinton: On behalf of the 362,000 members of
the Military Officers Association of America (MOAA), I am
writing to express our support for your leadership in
sponsoring the ``Heroes at Home Act of 2007'' that will
improve the diagnosis and treatment of traumatic brain injury
(TBI) in current and former military members. This is a key
step in closing the gap and providing for a more seamless
transition between DoD and the VA.
We are proud of the sacrifice our military members and
their families are willing to make for our country. For those
wounded servicemembers, their sacrifices represent an
especially unique population that deserves special attention.
Like you, we are particularly concerned about those who bear
the burden of what has been diagnosed as TBI, the ``signature
wound'' for this War on Terrorism.
MOAA appreciates your dedication to our military community
and for taking the lead in sponsoring this very important
measure to help improve the quality of life of our wounded
troops and family members. Your legislation will facilitate
diagnosing servicemembers with TBI early in the health care
and rehabilitation process, it will provide a program that
will ensure family caregivers have the resources and training
they need to care for their loved ones, and allows for a
demonstration project to evaluate existing technology and
identify effective telehealth or telemental health resources
within the DoD and VA systems.
MOAA thanks you for introducing this legislation. We look
forward to working closely with you in seeking timely
enactment of this legislation in the 110th Congress.
Sincerely and Thank You,
Norbert R. Ryan,
President and CEO.
____
National Military
Family Association, Inc.,
Alexandria, VA, March 29, 2007.
Hon. Hillary Rodham Clinton,
U.S. Senate,
Washington, DC.
Dear Senator Clinton: The National Military Family
Association (NMFA) is the only national organization whose
sole focus is the military family and whose goal is to
influence the development and implementation of policies that
will improve the lives of the families of the Army, Navy, Air
Force, Marine Corps, Coast Guard, and the Commissioned Corps
of the Public Health Service and the National Oceanic and
Atmospheric Administration. For more than 35 years, its staff
and volunteers, comprised mostly of military members, have
built a reputation for being the leading experts on military
family issues. On behalf of NMFA and the families it serves,
we commend your proposal of the Heroes at Home Act of 2007
that builds on previous legislation.
The National Military Family Association supports this
legislation addressing several issues affecting military
service members, veterans and their families. Traumatic Brain
Injury (TBI) has been found to be the signature wound of
service members serving in Operation Enduring Freedom and
Operation Iraqi Freedom. Establishing a protocol for
obtaining a baseline measurement for cognitive functioning of
service members would provide a better understanding of TBI.
NMFA is concerned with the lack of knowledge regarding mild
and moderate TBI incidents, its long term effects on service
members and potential long-term impact on the resources
required by the DoD and VA health care systems. Also,
research on TBI will help to identify better methods for
diagnosis and treatment of this condition. Establishing a
training and certification program for family caregivers
recognizes the important commitment family members make in
caring for their loved ones diagnosed with TBI.
Access to health care and counseling is a major challenge
facing returning service members and veterans living in rural
areas. Telehealth and telemental health services would offer
an alternative to long travel time and encourage service
members and veterans to make greater use of these needed
services. Additionally, partnering with existing resources
offers an efficient way to deliver these services.
Thank you for your support of military service members and
veterans diagnosed with TBI, and the families who care for
them. If you have any questions you may contact Barbara
Cohoon in our Government Relations department.
Sincerely,
Tanna K. Schmidli,
Chairman, Board of Governors.
____
American Academy of Neurology,
St. Paul, MN, March 28, 2007.
Hon. Hillary Clinton,
Russell Senate Office Building,
Washington, DC.
Dear Senator Clinton: The American Academy of Neurology
(AAN), representing over 20,000 neurologists and neuroscience
professionals, believes that our veterans deserve the best
possible care and treatment for neurological injuries
sustained in their service to our country. The conflicts in
Iraq and Afghanistan have created an emerging epidemic of
traumatic brain injury (TBI) among combat veterans.
For that reason, we are proud to support your Heroes at
Home Act of 2007. TBI is associated with cognitive
dysfunction, post-traumatic epilepsy, headaches and other
motor and sensory neurological complications. It is essential
that the federal government provide all veterans with access
to the necessary neurological interventions and long-term
treatments that their injuries require. The Heroes at Home
Act of 2007 makes great steps towards providing that care.
Specifically, the AAN strongly supports the Act's
provisions to implement fully pre- and post-deployment
cognitive and memory screening of all active duty and reserve
personnel.
The AAN also supports the bill's provision to expand
telehealth and telemental health services offered by the VA
to improve the surveillance and treatment of veterans with
TBI and related seizure disorders. Ongoing outreach to
veterans suffering TBI is essential, especially those who are
discharged and return to rural communities.
Lastly, the AAN supports the Heroes at Home Act's
implementation of a national program to train veterans who
have experienced a TBI, their family caregivers and personal
care attendants in the skills necessary to manage the long-
term consequences of TBI.
Sincerely,
Thomas R. Swift,
President.
____
Brain Injury Association
of America,
McLean, VA, March 28, 2007.
Sen. Hillary Rodham Clinton,
Russell Senate Building,
U.S. Senate,
Washington, DC.
Dear Senator Clinton: The Brain Injury Association of
America enthusiastically endorses the ``Heroes at Home Act of
2007'' as a critical move forward in meeting the
rehabilitation and emotional adjustment needs of traumatic
brain injury (TBI) survivors of Operation Iraq Freedom (OIF)
and Operation Enduring Freedom (OEF).
The Brain Injury Association of America and its nationwide
network of state affiliates commend you for recognizing the
critical role played by family caregivers in facilitating
recovery from brain injury and for addressing the pressing
need to increase support for these caregivers by providing
access to education, training and financial compensation.
The Brain Injury Association of America also applauds the
steps this bill takes to establish a protocol for the
assessment and documentation of cognitive functioning of each
member of the Armed Forces both before and after deployment,
including appropriate mechanisms to permit the differential
diagnosis of TBI and post traumatic stress disorder (PTSD) in
returning service members. It is time to make use of the
increased availability of superior technology in detecting
and treating TBI among all Armed Services personnel.
The Brain Injury Association of America is proud to endorse
the ``Heroes at Home Act of 2007,'' and commends your
leadership on one of the most important issues related to the
War on Terror, the unanticipated high incidence of traumatic
brain injuries among America's brave service members.
Sincerely,
Susan H. Connors,
President/CEO.
____
Wounded Warrior Project,
Jacksonville, FL, March 29, 2007.
Hon. Hillary Rodham Clinton,
U.S. Senate,
Washington, DC.
Dear Senator Clinton: The Wounded Warrior Project (WWP)
strongly supports your legislation entitled the ``Heroes At
Home
[[Page S4207]]
Act of 2007'' that you will soon be introducing. We are
especially grateful that, included in your legislation are
provisions brought to your attention by our organization.
These provisions require the Department of Defense to perform
a pre-deployment cognitive assessment on all servicemembers
and will require the Department of Veterans Affairs to
establish a Personal Care Attendant (PCA) Training and
Certification program for family caregivers of severely brain
injured servicemembers.
Traumatic Brain Injury (TBI) has been called the
``signature wound'' of the Global War on Terror. Many wounded
servicemembers have received cognitive evaluations upon
returning from deployment, but question the value of their
assessment as no baseline test was conducted prior to the
injury. The adoption of a ``Pre-Deployment Cognitive
Assessment'' would assist both the Departments of Defense and
Veterans Affairs in the diagnosis and treatment of brain
injured servicemembers and, in some cases, help enhance the
ability to distinguish between Post Traumatic Stress Disorder
(PTSD) and TBI.
The second provision, the ``Traumatic Brain Injury Family
Caregiver Personal Care Attendant (PCA) Training and
Certification program'' would offer family members serving as
the primary caregivers for severely traumatically brain
injured servicemembers training and certification from the
Department of Veterans Affairs (VA) as a personal care
attendant. They would also then qualify for VA payment for
services rendered to the TBI veteran in their care. In many
circumstances, the family caregiver is forced to leave his/
her job to provide the necessary care for their loved one,
leaving the entire family in an adverse economic situation.
In these cases, the family member often develops critical
skills to assist in the servicemember's care but have been
denied financial compensation for such labor. This program
would be offered through the four Tier I VA Polytrauma
centers on a rotating and regular basis.
These provisions, as well as the Telehealth and TeleMental
Health study, contained in the ``Heroes At Home Act'' will go
far towards insuring the long term health and well-being of
service members incurring Traumatic Brain Injury. Again, WWP
thanks you for your leadership on these issues and we stand
committed to assisting you in seeing this legislation through
to passage and enactment.
Sincerely,
John Melia,
Executive Director.
______
By Mr. DODD (for himself, Mr. Kerry, Mr. Durbin, and Mr.
Feingold):
S. 1066. A bill to require the Secretary of Education to revise
regulations regarding student loan repayment deferment with respect to
borrowers who are in postgraduate medical or dental internship,
residency, or fellowship programs; to the Committee on Health,
Education, Labor, and Pensions.
Mr. DODD. Mr. President, I rise today with Senators Kerry, Durbin,
and Feingold to introduce the Medical Education Affordability Act,
MEAA. The purpose of this bill is to make medical and dental education
more affordable.
Upon graduation from college, students who can demonstrate economic
hardship are eligible to extend their student loan deferment for up to
3 additional years. Using the economic hardship deferment, a formula
that takes into account earnings and debt level, the majority of
medical and dental residents defer repayment of their student loans
until the end of their residency period. Unfortunately, for those
specialties that require a residency of more than 3 years--OB/GYN,
psychiatry, general surgery, and oral maxillofacial dentistry to name a
few--student loan repayment begins before a resident's medical or
dental education is completed. This situation creates an enormous
financial burden for residents who have, in most cases, incurred
significant debt. In 2006, the average indebtedness for graduating
medical students was $130,000, for graduating dental students it was
$145,465. While lenders are currently required to offer forbearance to
medical and dental students, this is an expensive option as interest
continues to accrue and may be capitalized more.often.
The Medical Education Affordability Act would solve this problem by
extending the economic hardship deferment to cover the entire length of
a medical or dental residency. By altering the definition we are
removing a significant financial obstacle facing students with
residency periods longer than 3 years. I want to stress again,
residents will still have to demonstrate economic hardship--MEAA only
extends the deferment for borrowers that continue to meet the debt-to-
income requirements of the economic hardship deferment.
Mr. President, I hope my colleagues will join me in support of
medical education by signing onto this bill. By working together, I
believe that the Senate as a body can act to ensure that more
individuals are able to pursue a full range of medical specialties. I
ask unanimous request 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. 1066
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 ``Medical Education
Affordability Act''.
SEC. 2. REGULATION REVISION REQUIRED.
(a) Action Required.--Not later than 90 days after the date
of enactment of this Act, the Secretary of Education shall
revise the regulations of the Department of Education that
are promulgated to carry out the provisions relating to
student loan repayment deferment under the Federal Family
Education Loan Program under part B of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1071 et seq.), the William
D. Ford Federal Direct Loan Program under part D of title IV
of such Act (20 U.S.C. 1087a et seq.), and the Federal
Perkins Loan Program under part E of title IV of such Act (20
U.S.C. 1087aa et seq.), which are promulgated under sections
682.210, 685.204, and 674.34 of title 34, Code of Federal
Regulations, to comply with the requirements of subsection
(b).
(b) Requirements.--The student loan repayment deferment
regulations shall be revised to provide, with respect to a
borrower who is in a postgraduate medical or dental
internship, residency, or fellowship program, that if the
borrower qualifies for student loan repayment deferment under
the economic hardship provision--
(1) the deferment shall be available for the length of the
internship, residency, or fellowship program if the program--
(A) must be successfully completed by the borrower before
the borrower may begin professional practice or service; or
(B) leads to a degree or certificate awarded by a health
professional school, hospital, or health care facility that
offers postgraduate training; and
(2) the borrower shall not be required to apply annually
for such student loan repayment deferment during the length
of the program.
______
By Mr. OBAMA (for himself, Mr. Kerry, Mrs. Clinton, and Mr.
Durbin):
S. 1067. A bill to require Federal agencies to support health impact
assessments and take other actions to improve health and the
environmental quality of communities, and for other purposes; to the
Committee on Health, Education, Labor, and Pensions.
______
By Mr. OBAMA (for himself, Mr. Kerry, and Mrs. Clinton):
S. 1068. A bill to promote healthy communities; to the Committee on
Health, Education, Labor, and Pensions.
Mr. OBAMA. Mr. President, next week is National Public Health week--a
week to raise awareness about the importance of public health all
around this Nation. I applaud the efforts of the American Public Health
Association in organizing events across the country to assist in this
awareness building.
We all know the alarming statistics demonstrating the worsening
health status in both children and adults in this Nation. Without
intervention, 1 in 3 children born in 2000 can expect to develop
diabetes in their lifetime because of obesity resulting from poor
nutrition and sedentary lifestyles. In my home State of Illinois, we
have the highest number of lead-poisoned children in the Nation because
of the large amount of older housing in places like Chicago. And asthma
rates are on the rise in minority populations, reflecting worsening air
quality in many areas.
But what many don't know is how, and the degree to which, changes in
the environment are contributing to this health decline. Yet, study
after study has shown that environmental factors can be just as
problematic as poor genes in causing disease.
While working as a community organizer in the mid-1980s on Chicago's
south side, I became intimately aware of the impact of the built
environment on public health. One of the neighborhoods in which I
worked was bordered by the highly polluted Calumet River on one side
and railroad tracks on the other side. People didn't just grow up in
this neighborhood--generation after generation stayed in a community
with pollutants and extremely limited access to physical activity and
healthy
[[Page S4208]]
living. This image stays with me and is a motivating force to improve
community design that includes all members of society.
The American Public Health Association and countless other expert
organizations have shown us that if we make a real commitment to, and
investment in, building healthy communities, we can substantially
improve the health of children and adults.
There are many simple ways we can do this. Whenever we build a new
highway or a new condo complex, we could also build a park where kids
can play. Whenever we plan new communities, we could put grocery
stores, restaurants and post offices within easy walking distance. We
could take steps to ensure that factories or power plants aren't
located near schools. We could ensure that kids are not exposed to lead
hazards. And we could encourage the development of ``green'' homes and
buildings that decrease energy consumption.
And that is why I come to the floor today to reintroduce the Healthy
Places Act, and the Healthy Communities Act. The Healthy Places Act
would help State and local governments assess the health impact of new
policies or projects, whether it's a new highway or a shopping center.
And once the health impact is determined, the bill gives grant funding
and technical assistance to help address the potential health problems.
And while we already know a great deal about the relationship between
the built environment and the health status of residents, the bill
supports additional research so we can look into new environmental
health hazards.
The Healthy Communities Act goes hand in hand with the Healthy Places
Act, calling for the assessment of the impact of federal policies on
environmental health and justice. To make sure our policy decisions are
not hurting public health, this legislation requires an Environmental
Health Report Card for each state and the Nation at large. Since areas
with poor environmental health tend to be disproportionately fiscally
poor as well, this legislation establishes health action zones that
qualify for grant assistance to address these problems. And since much
more remains to be understood in this arena, the bill calls for
environmental health research and for environmental health workforce
development.
We as a society are moving in the direction of designing communities
with healthy living and public health in mind. For example, in Chicago,
city leaders recognized the lack of grocery stores in many lower income
neighborhoods, forcing families to go without fresh foods. To address
this issue, the city's Department of Planning and Development developed
a program called Retail Chicago, which used redevelopment funds to
attract local developers to build grocery stores in low-income
neighborhoods.
While we celebrate the success of such local efforts, we must call
upon the Federal Government to provide adequate support. And we must
ensure that all segments of society reap the rewards of building and
maintaining healthy communities. I thank you for this time, and I urge
my colleagues to support the Healthy Places Act and the Healthy
Communities Act.
______
By Ms. SNOWE (for herself and Mr. Harkin):
S. 1069. A bill to amend the Public Health Service Act regarding
early detection, diagnosis, and treatment of hearing loss; to the
Committee on Health, Education, Labor, and Pensions.
Ms. SNOWE. Mr. President, I rise today to introdnce the Early Hearing
Detection and Intervention Act of 2007. This bill is a companion bill
to H.R. 1198, introduced in the House by Representative Lois Capps. I
am pleased to be joined again this year by my colleague from Iowa,
Senator Harkin, who has long been a champion of the hearing impaired.
Together we worked to address hearing impairment in children in 1999,
and today we unite again to achieve even greater progress for children.
The number of Americans with a hearing loss has doubled during the
past 30 years. Most of us associate hearing problems with the aging
process, and it is true that the largest group of Americans suffering
from hearing impairment are those in the 65 to 75 year age range. At
the same time, each year more than 12,000 babies in the United States
are born with permanent hearing loss. With another 2 to 3 of every
1,000 newborns suffering partial hearing loss, this is the number one
birth defect in America. Unfortunately, hearing loss can go undiagnosed
for years.
In recent years, scientists have stressed how crucial the first years
of a child's life are to their future development. Specialists in
speech and language development tell us that the crucial period for
developing speech and communication in a child's life can begin as
early as 6 months of age. Many babies with hearing loss experience
delays in speech, language, and cognitive development which compromises
the foundation they need for later schooling and success in society.
This makes early detection and intervention of hearing loss a necessity
if we are to ensure that all our children get the strong start they
deserve.
The ability to hear is a major element of one's ability to read and
communicate. To the extent that we can help infants and young children
overcome disabilities detected early in life, we will improve their
ability to function in society, receive an education, obtain meaningful
employment, and enjoy a better quality of life. Without early diagnosis
and intervention, these children are behind the learning curve,
literally. before they have even started. They should not be denied a
strong start in life simply for the lack of a simple screening test.
For 50 years, expert commissions and task forces have emphasized the
need to detect hearing loss early. In 1989, concerned about the lack of
progress in this area, Surgeon General C. Everett Koop set a goal that
by the year 2000, all infants--at least 90 percent of all births or
admissions--would be screened for hearing loss prior to discharge from
hospital. Subsequent Federal initiatives, combined with improved
technology and concerted action from hospitals and State agencies, have
since led to dramatic advances in procedures for early identification.
By the beginning of 1993, about a dozen hospitals had instituted
essentially universal screening--defined as testing at least 90 percent
of all newborns or infants admitted, prior to discharge. In 1997, an
expert panel at the National Institute of Deafness and Other
Communication Disorders recommended that the first hearing screening be
carried out before an infant is 3 months old in order to ensure that
treatment can begin before 6 months of age. The panel also recommended
that the most comprehensive and effective way of ensuring screening
before an infant is 6 months old is to have newborns screened before
they are sent home from the hospital. Yet a 1998 report by the
Commission on Education of the Deaf estimated that the average age at
which a child with congenital hearing loss was identified in the United
States was a 2\1/2\ to 3 years old, with many children not being
identified until 5 or 6 years old.
Today we have seen substantial progress in screening, 69 percent of
babies are now screened for hearing loss before one month of age. This
is an increase of 47 percent compared to back in 1998. That improvement
is the result of a bipartisan effort I undertook with Senators Harkin
and Frist in 1999 when we introduced the Newborn and Infant Hearing
Screening and Intervention Act of 1999.
That act helped states to establish programs to detect and diagnose
hearing loss in all newborn children and to promote appropriate
treatment and intervention for newborns with hearing loss. The
legislation funded research by the National Institutes of Health to
determine the best detection, diagnostic, treatment and intervention
techniques and technologies.
The legislation we are introducing today builds on that success. The
bill we are introducing today provides the additional assistance
necessary to help States in implementing programs to ensure that all
our newborns are tested and to ensure that those identified with a
hearing impairment get the help they need. Therefore, this legislation
assures that reasonable action will be taken to identify hearing loss
within the groups of newborns and infants, so we reach each child as
early as possible. Furthermore, the bill supports the recruitment,
retention, education, and training of qualified personnel and
[[Page S4209]]
health care providers, which will provide us with the healthcare
professionals we need. And finally the legislation sets targets for a
long-term follow-up. It requires the development of models that reduce
the loss to follow-up of newborns and infants who are identified with a
hearing loss through screening.
A baby born today will be part of this country's future. Surely we
owe it to that child to give them a strong start on that future by
ensuring that if they do have a hearing impairment it is diagnosed and
treatment started well before their first year of life is completed. I
urge my colleagues to join with Senator Harkin and myself in supporting
the Early Hearing Detection and Intervention Act of 2007.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1069
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 ``Early Hearing Detection and
Intervention Act of 2007''.
SEC. 2. EARLY DETECTION, DIAGNOSIS, AND TREATMENT OF HEARING
LOSS.
Section 399M of the Public Health Service Act (42 U.S.C.
280g-1) is amended--
(1) in the section heading, by striking ``INFANTS'' and
inserting ``NEWBORNS AND INFANTS'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``newborn and infant hearing screening, evaluation and
intervention programs and systems'' and inserting ``newborn
and infant hearing screening, evaluation, diagnosis, and
intervention programs and systems, and to assist in the
recruitment, retention, education, and training of qualified
personnel and health care providers,''; and
(B) by amending paragraph (1) to read as follows:
``(1) To develop and monitor the efficacy of statewide
programs and systems for hearing screening of newborns and
infants; prompt evaluation and diagnosis of children referred
from screening programs; and appropriate educational,
audiological, and medical interventions for children
identified with hearing loss. Early intervention includes
referral to and delivery of information and services by
schools and agencies, including community, consumer, and
parent-based agencies and organizations and other programs
mandated by part C of the Individuals with Disabilities
Education Act, which offer programs specifically designed to
meet the unique language and communication needs of deaf and
hard of hearing newborns and infants. Programs and systems
under this paragraph shall establish and foster family-to-
family support mechanisms that are critical in the first
months after a child is identified with hearing loss.''; and
(C) by adding at the end the following:
``(3) To develop efficient models to ensure that newborns
and infants who are identified with a hearing loss through
screening are not lost to follow-up by a qualified health
care provider. These models shall be evaluated for their
effectiveness, and State agencies shall be encouraged to
adopt models that effectively reduce loss to follow-up.
``(4) To ensure an adequate supply of qualified personnel
to meet the screening, evaluation, and early intervention
needs of children.'';
(3) in subsection (b)--
(A) in paragraph (1)(A), by striking ``hearing loss
screening, evaluation, and intervention programs'' and
inserting ``hearing loss screening, evaluation, diagnosis,
and intervention programs'';
(B) in paragraph (2)--
(i) by striking ``for purposes of this section, continue''
and insert the following: ``for purposes of this section--
``(A) continue'';
(ii) by striking the period at the end and inserting ``;
and''; and
(iii) by adding at the end the following:
``(B) establish a postdoctoral fellowship program to foster
research and development in the area of early hearing
detection and intervention.'';
(4) in paragraphs (2) and (3) of subsection (c), by
striking the term ``newborn and infant hearing screening,
evaluation and intervention programs'' each place such term
appears and inserting ``newborn and infant hearing screening,
evaluation, diagnosis, and intervention programs''; and
(5) in subsection (e)--
(A) in paragraph (3), by striking ``ensuring that families
of the child'' and all that follows and inserting ``ensuring
that families of the child are provided comprehensive,
consumer-oriented information about the full range of family
support, training, information services, and language and
communication options and are given the opportunity to
consider and obtain the full range of early intervention
services, educational and program placements, and other
options for their child from highly qualified providers.'';
and
(B) in paragraph (6), by striking ``, after rescreening,'';
and
(6) in subsection (f)--
(A) in paragraph (1), by striking ``fiscal year 2002'' and
inserting ``fiscal years 2008 through 2013'';
(B) in paragraph (2), by striking ``fiscal year 2002'' and
inserting ``fiscal years 2008 through 2013''; and
(C) in paragraph (3), by striking ``fiscal year 2002'' and
inserting ``fiscal years 2008 through 2013''.
______
By Mr. HATCH (for himself, Mrs. Lincoln, Mr. Smith, and Mr.
Kohl):
S. 1070. A bill to amend the Social Security Act to enhance the
social security of the Nation by ensuring adequate public-private
infrastructure and to resolve to prevent, detect, treat, intervene in,
and prosecute elder abuse, neglect, and exploitation, and for other
purposes; to the Committee on Finance.
Mr. HATCH. Mr. President, with my colleagues, Senator Blanche
Lincoln, Senator Gordon Smith and Senator Herb Kohl, I rise to
introduce the Elder Justice Act of 2007.
Senators Lincoln, Smith, Kohl and I introduced similar legislation
last Congress and former Senator John Breaux and I were the lead
sponsors of the Elder Justice Act in the 107th and 108th Congresses,
with the strong support of Senators Lincoln, Smith and Kohl. While the
legislation has been reported unanimously by the Finance Committee in
the 109th and 108th Congresses, it, unfortunately, has not become law.
I am here to say that will not be the case this Congress.
I would like to take this opportunity to highlight the provision of
the Elder Justice Act. This legislation establishes an Elder Justice
Coordinating Council to make recommendations to the Secretary of Health
and Human Services on the coordination of activities of the Federal,
State, local and private agencies and entities relating to elder abuse,
neglect and exploitation. It also provides a first time direct funding
stream separate from the Social Services Block Grant for adult
protective services. In addition, the Elder Justice Act creates an
advisory board to create a short and long-term multidisciplinary
strategic plan for the developing field of elder justice.
The legislation creates new forensic centers to promote detection and
increase expertise--new programs will train health professionals in
both forensic pathology and geriatrics. The bill also authorizes $10
million for national organizations or States that represent or train
long-term care ombudsman representatives to provide training, technical
assistance, demonstration programs and research to improve ombudsman
effectiveness in addressing abuse and neglect in nursing homes and
assisted living facilities.
In addition, the Elder Justice Act requires immediate reporting to
law enforcement of crimes in a long-term care facility. It also allows
the seven State demonstration projects authorized through the Medicare
Modernization Act of 2003 to be completed and directs the Secretary of
Health and Human Services to report the findings to the appropriate
congressional committees no later than six months after the completion
of the demonstration projects. The bill also authorizes $500,000 to
determine the efficacy of establishing and maintaining a national nurse
aide registry. Finally, the legislation authorizes $20 million in
grants to enhance long-term care staffing through training and
recruitment to establish employee incentives including career and wage
benefit ladders and programs to improve management practices.
With more than 77 million baby boomers retiring over the next three
decades, we cannot wait any longer for this legislation to pass. One of
my top priorities of the 110th Congress is having the Elder Justice Act
signed into law. Older Americans deserve nothing less.
In closing, our legislation has been endorsed by the Elder Justice
Coalition, a national membership organization dedicated to eliminating
elder abuse, neglect, and exploitation in America. This coalition,
which has been a strong advocate and supporter of the Elder Justice
Act, has over 500 members.
I urge my colleagues to support this legislation so we can provide
older Americans the same protections that we provide to our children
and victims of domestic violence.
Mr. KOHL. Mr. President, today I am pleased to be a cosponsor of the
Elder Justice Act of 2007. As in previous Congresses, I am an original
cosponsor and fully support the bill's goals and passage. I want to
thank Senators Hatch,
[[Page S4210]]
Lincoln and Smith for their continued leadership to make sure that our
Nation finally acts in a comprehensive way to prevent elder abuse.
Our Nation has for far too long turned its back on the shame of elder
abuse. Congress has held hearings on the devastating effects of elder
abuse for a quarter of a century. With this bill, we are finally saying
enough is enough--elder abuse is unacceptable and we are going to act
to stop it.
This bill takes several important steps to make improvements to what
is now an inadequate system of protection for our vulnerable elders.
First, it boosts funding for the long-term care ombudsman program,
which serves as an advocate for the elderly and disabled in long-term
care. It also establishes an adult protective services grant program
and forensics centers that are charged with developing expertise on
elder abuse. In addition, it elevates the importance of elder justice
issues by creating a coordinating council of Federal agencies that will
make policy recommendations and submit reports to Congress every 2
years. And the legislation requires the Departments of Labor and Health
and Human Services to take a proactive role in funding initiatives
aimed at improving training programs and working conditions for long-
term care professionals as a strategy for increasing the number of such
workers during the coming years.
As much as I support this bill, however, I am disappointed that it
does not include one important policy that can prevent abuse--a common-
sense background check system that can screen out potential workers
with serious criminal convictions that may put fragile seniors in long-
term care at risk.
Almost every day, we read terrible stories about elderly patients who
are beaten, sexually assaulted, or robbed by the very people who are
charged with their care. Research shows that many instances of elder
abuse could be avoided by a simple background check. It is time to put
in place a nationwide system that can detect and prevent elder abuse.
The seven-State pilot program that began in 2003 is an excellent start.
Already, it is showing that States can successfully implement
comprehensive, cost-effective programs that consolidate checks from
State registries, State criminal records, and FBI records. In the
coming weeks, I plan to introduce legislation that will take steps to
make these pilot programs a reality for all States. I hope my
colleagues will join me in this effort.
Again, I want to thank Senators Hatch, Lincoln, and Smith for their
commitment to the cause of elder justice. The legislation we are
introducing today will go a long way to focusing more attention on
solutions for elder abuse, and developing new approaches to improve the
quality of long-term care.
______
By Mr. STEVENS:
S. 1072. A bill to require Federal agencies to conduct their
environmental, transportation, and energy-related activities in support
of their respective missions in an environmentally, economically, and
fiscally sound manner, and for other purposes; to the Committee on
Homeland Security and Governmental Affairs.
Mr. STEVENS. Mr. President, the bill that I introduce today seeks to
codify the initiatives announced by President Bush in January of this
year in his Executive order to strengthen Federal environmental,
energy, and transportation management. The bill would require the head
of agencies to improve their agency's energy efficiency and reduce
greenhouse gas emissions through the reduction of energy intensity by 3
percent annually through the end of fiscal year 2014 or by 30 percent
by the end of fiscal year 2014.
The bill would require that at least half of an agency's statutorily
required renewable energy consumed in a fiscal year come from a new
renewable source and allows agencies, to the extent possible, to
implement renewable energy generation projects on agency property. The
bill would also set energy efficiency goals for water consumption,
acquisition of goods and services, operation of Government vehicles,
and the acquisition of electronic products.
This bill would put the Federal Government at the forefront of the
Nation's efforts to improve our energy efficiency and ultimately reduce
our greenhouse gas emissions.
A September 2002 report from the U.S. Department of Energy entitled,
U.S. Lighting Market Characterization. Volume I: National Lighting
Inventory and Energy Consumption Estimate, states that 38 percent of
all energy consumed in the United States is used to generate
electricity and that lighting consumes 22 percent of all the
electricity produced in the United States.
Lighting consumes a significant percentage of the Nation's energy
production. Because of this consumption, the bill would also require
the Federal Government to take the lead in the use of energy efficient
light bulbs. The bill does not specify any particular technology, but
would define energy efficient light bulbs as those with an efficiency
rating of not less than 30 lumens per watt. This definition would
change from 30 lumens per watt to 45 lumens per watt in the year 2018.
The replacement of low energy efficient light bulbs to more energy
efficient light bulbs on Federal properties would be required to be
completed within the next 5 years.
Many of the new energy efficient bulbs, such as compact fluorescent
light bulbs, contain mercury. The bill would require that a disposal
plan be developed to support the use of these bulbs and their proper
disposal.
As the Nation looks to take advantage of the new energy efficient
light bulbs at significant savings to individual households and
businesses, the Federal Government should lead the way. The Government
should be setting the standard for energy efficiency. This bill would
mandate Federal Government leadership in this area with substantial
savings in our energy consumption.
I urge my colleagues to support these legislative concepts.
______
By Mrs. FEINSTEIN (for herself, Ms. Collins, and Ms. Snowe):
S. 1073. A bill to amend the Clear Air Act to promote the use of
fuels with low lifecycle greenhouse gas emissions, to establish a
greenhouse gas performance standard for motor vehicle fuels, to require
a significant decrease in greenhouse gas emissions from motor vehicles,
and for other purposes; to the Committee on Environment and Public
Works.
Mrs. FEINSTEIN. Mr. President, I rise today with Senators Collins and
Snowe to introduce legislation that will significantly reduce the
amount of greenhouse gases emitted from our Nation's transportation
sector.
This bill would reduce carbon dioxide emissions from passenger
vehicles and motor vehicle fuels by 22 percent below projected levels
under business as usual by 2030. This reduction is equivalent to the
removal of 662 million metric tons of carbon dioxide from the
atmosphere or taking over 108 million cars off the road for a year.
This would save 3.6 million barrels of oil per day by 2030.
It would achieve these reductions by requiring a: 3 percent reduction
in emissions from the motor vehicle fuel pool by 2015, with an
additional 3 percent reduction every 5 years, and 30 percent reduction
in vehicle tailpipe emissions by 2016, with additional reductions every
5 years.
Highway vehicles are responsible for 32 percent of annual U.S.
emissions of carbon dioxide (CO2), the primary global-
warming gas. And, motor vehicle emissions will continue to increase as
more and more Americans purchase vehicles and the number of miles
driven grows.
With more than 240 million motor vehicles on the road, producing 2
billion metric tons of carbon dioxide emissions per year, increasing
our use of low carbon fuels is an essential part of a climate-safe
transportation strategy.
So, the signs could not be clearer: It's time to sound the death-
knell for the era of gas-guzzling motor vehicles. It is time to utilize
improved vehicle technology and to increase access to cleaner,
renewable fuels at the pump.
First, this bill will achieve this goal by increasing the
availability of low carbon emitting fuels for motor vehicles.
We must start considering fuel emissions not only in terms of
emissions produced at the tailpipe, but also in terms of the emissions
generated by the production and transportation of fuels. The total
emissions of a fuel,
[[Page S4211]]
from production to end-use, are known as the ``lifecycle emissions'' of
a fuel.
Not all fuels are created equal in terms of emissions; in fact, not
all fuels within a give fuel category are created equal.
For example, ethanol produced from corn emits only about 10 to 20
percent less greenhouse gas emissions per unit of energy delivered
compared to petroleum-based gasoline. In contrast, ethanol produced
from cellulosic biomass achieves an 80 to 90 percent reduction in
greenhouse gas emissions per unit of energy.
Electricity would also qualify as an alternative fuel under this
bill. The lifecycle emissions of electricity produced by traditional
coal-fired power plants will be far greater than that produced by wind
or other zero-carbon electricity generation technologies.
By 2009, this bill would require the Environmental Protection Agency
(EPA) to quantify the total lifecycle emissions of all motor vehicle
fuels. The bill would also require EPA to develop a fuel labeling
process to provide this information to consumers at the pump.
Armed with this information about the lifecycle emissions of
different fuels, oil refiners and importers would be required to reduce
the greenhouse gas emissions of their entire fuel pool by 3 percent
below projected levels by 2015. And, every 5 years thereafter,
emissions would be cut by an additional 3 percent.
To help fuel providers meet the mandated emissions reductions in a
cost-effective manner, the bill would establish a carbon-credit trading
market.
This would reduce emissions from motor vehicle fuels by 10 percent
below projected levels by 2030 and would increase the supply of low-
carbon fuels such as biodiesel, E-85, hydrogen, electricity, and
others.
Second, the bill would achieve reductions in transportation sector
emissions by federalizing California's landmark tailpipe emissions
standard. California passed a landmark law in 2002 that required a
reduction in tailpipe emissions and was the first State in the country
to do so. This would require automakers to reduce tailpipe emissions,
such as carbon dioxide, by 30 percent by 2016. It will also require EPA
to tighten the reductions every 5 years.
Combined, these provisions would achieve a 22 percent reduction in
transportation sector emissions below projected levels by 2030.
Additional provisions in the bill mandate: auto manufacturers to
optimize dual-fueled vehicles to improve their fuel economy when
running on alternative fuels, and alternative fuel vehicles, and only
alternative fuel vehicles, come with a green fuel cap. This would alert
consumers that these vehicles can accept other fuels besides
traditional gasoline.
Just as it is necessary to reduce emissions in the electricity and
industrial sectors, it is equally necessary to reduce emissions from
the transportation sector. This bill makes significant, yet feasible,
strides to reduce emissions through upgrades in vehicle technology and
the incorporation of lower lifecycle emission fuels into the motor
vehicle fuel pool. I urge my colleagues to join me in supporting this
bill.
I ask unanimous consent that the text of the legislation be printed
in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1073
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 ``Clean Fuels and Vehicles Act
of 2007''.
SEC. 2. FUEL WITH LOW LIFECYCLE GREENHOUSE GAS EMISSIONS;
GREENHOUSE GAS EMISSION REDUCTIONS.
Title II of the Clean Air Act (42 U.S.C. 7581 et seq.) is
amended by adding at the end the following:
``PART D--FUEL WITH LOW LIFECYCLE GREENHOUSE GAS EMISSIONS; GREENHOUSE
GAS EMISSION REDUCTIONS
``SEC. 251. DEFINITIONS.
``In this part:
``(1) Greenhouse gas.--The term `greenhouse gas' means--
``(A) carbon dioxide;
``(B) methane;
``(C) nitrous oxide;
``(D) hydrofluorocarbons;
``(E) perfluorocarbons; and
``(F) sulfur hexafluoride.
``(2) Lifecycle greenhouse gas emissions.--The term
`lifecycle greenhouse gas emissions' means the aggregate
quantity of greenhouse gases emitted per unit of fuel from
production to use (including feedstock production or
extraction and distribution).
``(3) Major oil company.--The term `major oil company' has
the meaning given the term in section 105(b) of the Energy
Policy and Conservation Act (42 U.S.C. 6213(b)).
``(4) Motor vehicle.--The term `motor vehicle' has the
meaning given the term in section 216.
``SEC. 252. GREENHOUSE GAS EMISSION REDUCTIONS FROM FUELS
AVAILABLE FOR MOTOR VEHICLES.
``(a) Determination Process; Fuel Emissions Baseline.--
``(1) In general.--Not later than January 1, 2010, the
Administrator shall, by regulation--
``(A) establish a determination process for use in
determining the lifecycle greenhouse gas emissions of a fuel;
and
``(B) based on the aggregate quantity and variety of fuels
available for motor vehicles used in the United States during
calendar year 2007, determine the average quantity of
lifecycle greenhouse gas emissions per unit of energy
delivered to a motor vehicle (referred to in this section as
the `fuel emissions baseline').
``(2) Considerations.--For purposes of determining the
lifecycle greenhouse gas emissions of a fuel under paragraph
(1), the Administrator shall consider--
``(A) greenhouse gas emissions resulting from--
``(i) production, extraction, distribution, transportation,
and end use of the fuel;
``(ii) issues relating to the end use efficiency of the
fuel;
``(iii) changes in land use and land cover resulting from
an activity described in clause (i) with respect to the fuel;
and
``(iv) net climate impacts affecting the energy and
agricultural sectors resulting from an activity described in
clause (i) with respect to the fuel; and
``(B) any other appropriate matters, as determined by the
Administrator.
``(3) Requirements.--The Administrator shall include in
regulations promulgated to carry out paragraph (1) procedures
by which the Administrator shall--
``(A) determine the lifecycle greenhouse gas emissions of a
fuel and the fuel emissions baseline;
``(B) make each determination described in subparagraph
(A), and information used in making the determinations,
available to consumers;
``(C) label fuels with low lifecycle greenhouse gas
emissions; and
``(D) provide information about adverse impacts of the fuel
on--
``(i) land use and land cover;
``(ii) water, soil, and air quality; and
``(iii) public health.
``(b) Subsequent Average Lifecycle Greenhouse Gas
Emissions.--Not later than June 1, 2013, and annually
thereafter, based on the aggregate quantity and variety of
fuel available for motor vehicles used in the United States
during the preceding calendar year, the Administrator shall
determine, in accordance with the regulations promulgated
under subsection (a), the average quantity of lifecycle
greenhouse gas emissions per unit of energy delivered to a
motor vehicle through the use of a unit of fuel for motor
vehicles for the preceding calendar year.
``(c) Required Reductions in Lifecycle Greenhouse Gas
Emissions.--
``(1) Regulations.--The Administrator shall promulgate
regulations to establish a credit trading program to address
the lifecycle greenhouse gas emissions from fuels available
for use in motor vehicles.
``(2) Required emission reductions.--The Administrator
shall, by regulation, require each major oil company,
refiner, or fuel importer that produces, sells, or introduces
gasoline or other fuels available for use in motor vehicles
into commerce in the United States to reduce the average
lifecycle greenhouse gas emissions per unit of energy
delivered to a motor vehicle through fuel to a level that
is--
``(A) for calendar year 2015, 3 percent below the fuel
emissions baseline; and
``(B) not later than every fifth calendar year thereafter,
3 percent below the average quantity of lifecycle greenhouse
gas emissions per unit of energy delivered to a vehicle
allowed pursuant to this section during the required fuel
emissions level for the preceding calendar year, as
determined by the Administrator under subsection (b).
``(3) Use of credits.--
``(A) In general.--For the purpose of complying with the
required reductions in lifecycle greenhouse gas emissions
under this section, each major oil company, fuel refiner, or
fuel importer shall demonstrate, on an annual basis, that the
fuel mix provided to the market by the company, refiner, or
importer meets the lifecycle greenhouse gas emission level
specified in subparagraphs (A) and (B) of paragraph (2),
including if necessary, by using credits previously banked or
purchased.
``(B) Credits for additional reductions.--The regulations
promulgated to carry out this section shall permit a provider
of a fuel that achieves a greater reduction in lifecycle
greenhouse gas emissions than is required under subparagraph
(A) or (B) of
[[Page S4212]]
paragraph (2) for a particular compliance period to generate
credits, based on--
``(i) the quantity of fuel provided; and
``(ii) the difference between--
``(I) the greater reduction in lifecycle greenhouse gas
emissions of the fuel under subparagraph (A) or (B) of
paragraph (2); and
``(II) the minimum required reduction in lifecycle
greenhouse gas emissions of the fuel under that subparagraph.
``(d) Statement of Congressional Intent.--It is the intent
of Congress that, through implementation of this section--
``(1) an incentive will be created for the use, in lieu of
gasoline, of fuels having lower lifecycle greenhouse gas
emissions; and
``(2) fuels with the lowest lifecycle greenhouse gas
emissions will continue over time--
``(A) to be improved;
``(B) to become widely-available and competitive in the
marketplace; and
``(C) to contribute to an overall reduction in greenhouse
gas emissions.
``SEC. 253. GREENHOUSE GAS EMISSION REDUCTIONS FROM
AUTOMOBILES.
``(a) Vehicle Emissions Baseline.--Not later than January
1, 2009, based on the aggregate quantity and variety of new
automobiles sold in the United States during model year 2002
and the average greenhouse gas emissions from those new
automobiles, the Administrator shall determine the average
quantity of greenhouse gas emissions per vehicle mile
(referred to in this section as the `new vehicle emissions
baseline').
``(b) Subsequent Average Emissions From New Automobiles.--
Not later than June 1, 2015, and annually thereafter, based
on the aggregate quantity and variety of new automobiles sold
in the United States during the preceding model year and the
average greenhouse gas emissions from those new automobiles
during the preceding model year, the Administrator shall
determine the average quantity of greenhouse gas emissions
per vehicle mile for the model year.
``(c) Required Reductions in Greenhouse Gas Emissions From
Automobiles.--
``(1) In general.--The Administrator shall, by regulation,
require each manufacturer of automobiles for sale in the
United States to reduce the average quantity of greenhouse
gas emissions per vehicle mile of the aggregate quantity and
variety of automobiles manufactured by the manufacturer to a
level that is--
``(A) for automobiles manufactured in model year 2016, 30
percent less than the new vehicle emissions baseline; and
``(B) not later than every fifth model year thereafter,
such percent as shall be specified by the Administrator that
is less than the average quantity of greenhouse gas emissions
per vehicle mile required for the model year preceding that
fifth model year, as determined by the Administrator under
subsection (b).''.
SEC. 3. OPTIMIZED DUAL FUELED VEHICLES.
(a) Optimized Dual Fueled Automobiles.--Section 32901(a) of
title 49, United States Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) `alternative fueled automobile' means an automobile
that is--
``(A) a dedicated automobile;
``(B) a dual fueled automobile; or
``(C) an optimized dual fueled automobile.''; and
(2) by adding at the end the following:
``(17) `optimized dual fueled automobile' means an
automobile that--
``(A) is capable of operating on alternative fuel and on
gasoline or diesel fuel;
``(B) can satisfactorily operate throughout a Federal
testing procedure exclusively on alternative fuel, when
fueled with the maximum alternative fuel capacity, as
determined by the Administrator of the Environmental
Protection Agency; and
``(C) when operated on alternative fuel, achieves an
average fuel economy that is not less than 20 percent
greater, on a gallon of gasoline-equivalent energy basis,
than the fuel economy of the same automobile operated on
gasoline or diesel fuel.''.
(b) Fuel Economy Calculation for Optimized Dual Fuel
Automobiles.--Section 32905 of title 49, United States Code,
is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting the
subparagraphs appropriately;
(B) by striking ``title, for any'' and inserting ``title--
``(1) for any'';
(C) in paragraph (1)(B) (as designated and redesignated by
subparagraphs (A) and (B)), by striking ``fuel.'' and
inserting ``fuel; and''; and
(D) by adding at the end the following:
``(2) for any model of dual fueled automobile manufactured
by a manufacturer in any of model years 2011 through 2015,
the Administrator of the Environmental Protection Agency
shall measure the fuel economy for that model by dividing 1.0
by the sum obtained by adding--
``(A) for optimized dual fueled automobiles, the sum
obtained by adding--
``(i) .5 divided by the fuel economy measured under section
32904(c), when operating the model on gasoline and diesel
fuel; and
``(ii) .5 divided by the fuel economy measured under
subsection (a), when operating the model on alternative fuel;
and
``(B) for dual fueled automobiles other than optimized dual
fueled automobiles, values that reflect the actual use of
gasoline and diesel fuel relative to alternative fuel in the
models based on a determination made by the Administrator,
taking into account alternative fuel sales and total number
of models of dual fueled vehicles other than optimized dual
fueled automobiles.''; and
(2) by striking subsection (f).
(c) Year Modification.--Section 32906(a) of title 49,
United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``(1)(A) For'' and inserting ``(1) For'';
(B) by striking ``2010'' and inserting ``2015''; and
(C) by striking subparagraph (B); and
(2) in paragraph (2), by striking ``described--'' and all
that follows through subparagraph (B) and inserting
``described in paragraph (1) is more than 1.2 miles per
gallon, the limitation in that paragraph shall apply.''.
(d) Increasing Consumer Awareness of Alternative Fuel
Vehicles.--Section 32908 of title 49, United States Code, is
amended by adding at the end the following:
``(g) Increasing Consumer Awareness of Flexible Fuel
Vehicles.--The Secretary of Transportation shall promulgate
regulations that--
``(1) require each manufacturer that manufactures
alternative fuel vehicles that run on fuels with low
lifecycle greenhouse gas emissions to install a green-colored
fuel cap on each alternative fuel vehicle to distinguish the
vehicle from vehicles that do not use low lifecycle
greenhouse gas-emitting alternative fuels; and
``(2) prohibit a manufacturer from installing a green-
colored fuel cap on an automobile manufactured by the
manufacturer that does not run on a low lifecycle greenhouse
gas-emitting alternative fuel.''.
______
By Mr. AKAKA (for himself and Mr. Bingaman):
S. 1074. A bill to provide for direct access to electronic tax return
filing, and for other purposes; to the Committee on Finance.
Mr. AKAKA. Mr. President, I am delighted to reintroduce the Free
Internet Filing Act as the tax filing deadline approaches. The bill
requires the Internal Revenue Service (IRS) to provide universal access
to individual taxpayers filing their tax returns directly through the
IRS Web site. I thank Senator Bingaman for cosponsoring this bill and
working with me on taxpayer rights issues.
It is frustrating that individual taxpayers completing their own
returns are still not able to electronically file directly with the
IRS. Taxpayers are dependent on commercial preparers to electronically
file their taxes. If taxpayers take the time necessary to prepare their
returns by themselves, they must be given the option of electronically
filing directly with the IRS. My legislation would make this direct
filing possible.
The current system, the Free File Alliance, provides only a select
group of taxpayers with the ability to file electronically for free
using third party intermediaries. The current Free File Alliance
agreement is a failure because it leaves out too many taxpayers.
Taxpayers that make more than $52,000 are not eligible.
Taxpayers should not have the additional worry associated with
sharing their private financial information with a tax preparation
company. In an era when there have been so many electronic breaches of
financial information, taxpayers should not be forced to hand over
their private information if they want to electronically file their
return with the IRS. Taxpayers should not lose out on the benefits of
electronic filing simply because they are worried about sending their
data to third parties.
IRS Commissioner Mark Everson has stated, ``E-file is the fastest,
safest, and most accurate way to file a tax return. People will get
their returns faster through E-file. E-file greatly reduces the chances
for making an error compared to filing a paper 1040.'' I simply want to
provide every individual taxpayer the ability to electronically file
their taxes at no cost and without having to use a commercial tax
preparer.
My legislation will lead to an increase in the number of
electronically filed returns. Approximately 45 million returns prepared
using software are mailed in rather than electronically filed. With
universal access to free e-file, this number could be substantially
reduced. Electronic filing helps taxpayers receive their refunds faster
than mailing in paper returns.
My legislation would also reduce errors and IRS administrative costs.
According to Mr. Bert Dumars, the Director of the IRS Electronic Tax
Administration, it costs 55 to 75 cents to process an electronic return
while it costs
[[Page S4213]]
about two dollars to process a paper return. In addition, the error
rate for electronic returns is one percent while the error rate for
paper returns is 20 percent.
We have an obligation to make free electronic filing available to all
individual taxpayers. Electronic filing benefits both taxpayers and the
IRS. I have appreciated the attention paid to this issue by Senator
Baucus and Senator Grassley. I will continue to work with my colleagues
to enact the Free Internet Filing Act.
I ask unanimous consent that the text of the bill be printed in the
Record. I also ask unanimous consent that a letter of support from the
Hawaii Alliance for Community-Based Economic Development be included in
the Record. Finally, I ask unanimous consent that a letter of support
from the National Consumer Law Center, Consumer Federation of America,
U.S. Public Interest Research Group, California Reinvestment Coalition,
Center for Economic Progress, Consumer Action, and the Neighborhood
Economic Development Advocacy Project, be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 1074
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 ``Free Internet Filing Act''.
SEC. 2. DIRECT ACCESS TO E-FILE FEDERAL INCOME TAX RETURNS.
(a) In General.--The Secretary of the Treasury shall
provide individual taxpayers with the ability to
electronically file their Federal income tax returns through
the Internal Revenue Service website without the use of an
intermediary or with the use of an intermediary which is
contracted by the Internal Revenue Service to provide free
universal access for such filing (hereafter in this section
referred to as the ``direct e-file program'') for taxable
years beginning after the date which is not later than 3
years after the date of the enactment of this Act.
(b) Development and Operation of Program.--In providing for
the development and operation of the direct e-file program,
the Secretary of the Treasury shall--
(1) consult with nonprofit organizations representing the
interests of taxpayers as well as other private and nonprofit
organizations and Federal, State, and local agencies as
determined appropriate by the Secretary,
(2) promulgate such regulations as necessary to administer
such program, and
(3) conduct a public information and consumer education
campaign to encourage taxpayers to use the direct e-file
program.
(c) Authorization of Appropriations.--There is authorized
to be appropriated such sums as are necessary to carry out
the direct e-file program. Any sums so appropriated shall
remain available until expended.
(d) Reports to Congress.--
(1) Report on implementation.--The Secretary of the
Treasury shall report to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives every 6 months regarding the status of the
implementation of the direct e-file program.
(2) Report on usage.--The Secretary of the Treasury, in
consultation with the National Taxpayer Advocate, shall
report to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives
annually on taxpayer usage of the direct e-file program.
____
March 28, 2007.
Hon. Daniel K. Akaka,
U.S. Senate,
Washington, DC.
Dear Senator Akaka: The National Consumer Law Center (on
behalf of its low-income clients), Consumer Federation of
America, Consumer Action, U.S. Public Interest Research
Group, California Reinvestment Coalition, Center for Economic
Progress, and the Neighborhood Economic Development Advocacy
Project write to support your bill entitled the ``Free
Internet Filing Act.'' Consumer groups have long advocated
for what the Free Internet Filing Act would provide--the
ability of taxpayers to electronically file their returns
without the need for a third party intermediary.
Enabling taxpayers to file electronically directly with the
Internal Revenue Service will benefit taxpayers tremendously.
It will save taxpayers the fees charged by some commercial
preparers for electronic filing. Unlike the current Free File
program established by the IRS, the Free Internet Filing Act
will provide taxpayers with free electronic filing without
the potential of being subject to cross-marketing pitches for
financial products which may not be in their best interests.
While the marketing pitches for refund anticipation loans and
other ancillary products were dropped this year from the Free
File program, such a limitation is not enshrined in law or
regulation.
The Free Internet Filing Act will also help taxpayers to
keep their information private. By allowing free direct
electronic filing with the IRS, taxpayers will have the
ability to bypass commercial preparers that might exploit or
share their personal, confidential tax information for non-
tax purposes.
We believe the IRS should have been required a long time
ago to establish free direct electronic filing. For many
years, Americans have been able to apply for federal student
financial aid on www.fafsa.ed.gov and Social Security
retirement benefits at www.ssa.gov. A free direct electronic
filing program at www.irs.gov is long overdue.
If you have any questions about this letter, please contact
Chi Chi Wu. Thank you again for all your efforts to protect
taxpayer rights.
Sincerely,
Chi Chi Wu, Staff Attorney, National Consumer Law Center;
Jean Ann Fox, Director of Consumer Protection, Consumer
Federation of America; David Marzahl, Executive
Director, Center for Economic Progress; Ed Mierzwinski,
Consumer Program Director, U.S. Public Interest
Research Group (U.S. PIRG); Linda Sherry, Director,
National Priorities, Consumer Action; Rhea L. Serna,
Policy Advocate, California Reinvestment Coalition;
Chris Keeley, Campaigns Organizer, Neighborhood
Economic Development Advocacy Project (NEDAP).
____
Hawai'i Alliance for Community-Based Economic
Development,
Honolulu, HI, March 22, 2007.
Hon. Daniel K. Akaka,
U.S. Senate,
Washington, DC.
Dear Senator Akaka: The Hawai'i Alliance for Community
Based Economic Development (HACBED) is writing in support of
the ``Free Internet Filing Act.''
HACBED is a statewide 501(c)3 organization established in
1992 to help maximize the impact of community-based economic
development organizations (CBEDOs). We pursue our mission by
helping CBEDOs to increase community control of their assets
and means of production. We accomplish this in many ways--by
providing technical support to help CBEDOs deal with
organizational issues; by networking on a local and national
basis for funding and financing for community-based efforts;
and, by advocating for communities to play a more active role
in the political process in order to effect systemic change.
To this end, HACBED has been facilitating statewide
conversations to develop a comprehensive asset policy agenda.
Core to this agenda is the recognition of the importance of
creating policies that assist individuals, families and the
broader community to build wealth.
Tax season is an essential time for low income families to
take advantage of their tax related benefits, including the
earned income tax credit. Electronic filing of taxes is a
quicker, more efficient way to process a tax return. In many
cases, working families must pay a professional tax preparer
to prepare their return and file electronically. By providing
free universal access to electronic filing these low-income
working families would be able to keep more of their hard-
earned dollars in their pocket.
HACBED fully supports this bill and we look forward to
working with you in the future to insure free and low cost
tax-related services for low-income families.
Sincerely,
Brent Dillabaugh,
Deputy Director.
______
By Mr. INOUYE (for himself and Mr. Stevens) (by request):
S1076. A bill to amend title 49, United States Code, to authorize
appropriations for the Federal Aviation Administration for fiscal years
2008 through 2010, to improve aviation safety and capacity, to provide
stable, cost-based funding for the national aviation system, and for
other purposes; to the Committee on Finance.
Mr. INOUYE. Mr. President, I rise today to announce the introduction,
by request, of the Next Generation Air Transportation System Financing
Reform Act of 2007, the Bush administration's proposal for the Federal
Aviation Administration, (FAA), reauthorization.
As chairman of the Commerce Committee, I, along with vice chairman
Stevens, introduce this bill out of courtesy to the Bush
administration. They have outlined an aggressive proposal for the FAA
reauthorization and while I cannot support all portions of this bill, I
believe our colleagues should have an opportunity to consider the ideas
outlined.
While I commend the Department of Transportation and the FAA for
their work on the proposal, I have great concerns with some of the
provisions. Specifically, I am troubled by the proposal to dramatically
increase the general aviation fuel tax and substantially cut the
Airport Improvement Program, AIP, funding level.
The Commerce Committee has jurisdiction over the FAA and I will work
with Senator Jay Rockefeller, the chairman of the Aviation
Subcommittee, and Senator Trent Lott,
[[Page S4214]]
the ranking member of the subcommittee, along with other members of the
committee, to craft a bipartisan bill that we can bring before the full
Senate.
It is important that we act quickly, as the current aviation tax
structure expires at the end of the fiscal year. Therefore, we must
present our committee and this body with a bill that not only solves
funding issues for our Nation's air system, but also puts us on a
course to fully modernize our aviation system to safely and efficiently
handle the increase in air traffic that is expected.
In the coming weeks, we will be back here with a bill that I believe
will gain the support of the majority of the Commerce Committee and the
support of the Senate.
Mr. STEVENS. Mr. President, as vice chairman of the Commerce
Committee I concur with my good friend and colleague. I applaud the
administration for moving the process forward but I echo Senator
Inouye's concerns with the proposal. I look forward to working with him
and our colleagues on the Commerce, Science, and Transportation
Committee to craft a Committee proposal in the coming weeks.
______
By Mr. BYRD (for himself, Mr. Rockefeller, Mr. Chambliss, Mr.
Cochran, Mrs. Dole, Mr. Inhofe, Mr. Lott, and Mr. Isakson).
S.J. Res. 11. A joint resolution proposing an amendment to the
Constitution of the United States to clarify that the Constitution
neither prohibits voluntary prayer nor requires prayer in schools; to
the Committee on the Judiciary.
Mr. BYRD. Mr. President, West Virginians have always been a deeply
spiritual people. Historically, we have stood fast in our devotion to
the Creator, even when--or especially when--faced with adversity,
deprivation, or misfortune. Just as we recognize that joyful events are
best celebrated with prayers of gratitude, we also believe that
hardship can be endured and, in fact, diminished through the infinite
power of the healing word.
As we leave for Easter recess to celebrate the resurrection, we lift
our heads from the darkness to the light. We ask for God's blessings.
The Gospel at John 14:13 tells us that God answers prayer, meaning that
he hears us whenever we ask for anything according to his will.
The importance of prayer is recognized by people of faith in nearly
every denomination. Yet, in America, too many of our citizens belittle,
ignore, or denigrate the power of prayer. They believe that the
doctrine of separation of powers means that we can pray only within the
four walls of a house of worship, and nowhere else. But that viewpoint
does not reflect the intent of the Creator.
Prayer, no matter where undertaken, by design, provides both
inspiration and solace. It is comforting, particularly during a time of
war. No wonder, then, that prayer has always had a place in the lives
of our military. In December 1944, General George S. Patton, Jr.,
ordered Colonel James H. O'Neill, the chaplain of the Third Army, to
produce a prayer to the heavens, which requested clear weather. The
prayer, written by Chaplain O'Neill, reads as follows:
Almighty and most merciful Father, we humbly beseech Thee,
of Thy great goodness . . . Grant us fair weather for Battle.
Graciously hearken to us as soldiers who call upon Thee,
that, armed with Thy power, we may advance from victory to
victory . . . and establish Thy justice among men and
nations. Amen.
Chaplain O'Neill's prayer was provided on behalf of all soldiers,
regardless of denomination, when or where they prayed, and with whom.
It was a prayer in addition to the silent or outspoken, individual and
voluntary prayers of each of the enlisted men and women of the Army.
Although I cannot be sure of it, I would imagine that soldiers in the
field responded favorably to the prayer of Chaplain O'Neill. They
assuredly did not object to his expression of faith--one in which they
were free to participate or not. Undoubtedly, the soldiers drew
inspiration from the Chaplain's words.
Now, while our children do not normally face the mortal peril that
U.S. troops inevitably face in a time of war, all Americans--whether
young or old--in school or in battle, surely from time to time need to
draw upon the blessings of a higher power to face whatever tests fate
may throw their way on any given day.
Yet, one wonders what would happen if a student in an American
classroom today decided, of his or her own volition, to recite a prayer
like the one by Chaplain O'Neill. In some jurisdictions, it is probable
that the student would be disciplined and his/her teachers punished for
potentially violating the First Amendment.
Is today's state of affairs consistent with the intent of the
Framers? No. The Founding Fathers believed in a Supreme Being, and they
were proud of their faith. On February 22, 1756, John Adams wrote:
Suppose a nation in some distant region should take the
Bible for their only law book and every member should
regulate his conduct by the precepts there exhibited! Every
member would be obliged in conscience to temperance,
frugality, and industry; to justice, kindness, and charity
towards his fellow men; and to piety, love, and reverence
toward Almighty God . . . what a Utopia, what a paradise
would this region be.
As his words reflect, John Adams knew and recognized that we were and
are a religious people.
The Religion Clauses of the First Amendment to the U.S. Constitution
state: ``Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; . . .''
In my opinion, too many have not given equal weight to both of these
clauses. Instead, they have focused only on the first clause, which
prohibits the establishment of religion, at the expense of the second
clause, which protects the right of Americans to worship as they
please. This country was founded by men and women of strong faith,
whose intent was not to suppress religion, but to ensure that the
government favored no single religion over another.
In particular, the Free Exercise Clause of the First Amendment states
that Congress cannot make laws that prohibit the free exercise of
religion. Consequently, I believe that any prohibition of voluntary
prayer in school, either spoken aloud or recounted in silence, violates
the right of our schoolchildren to practice freely their religion. And
that's not right. Any child should be free to pray to God, of his or
her own volition, whether at home, in church, or at school. Period.
I am not a proponent of repeatedly amending the U.S. Constitution. I
believe that such amendments should be done only rarely and with great
care. However, because I feel as strongly about this today as I have
for over four decades, I am going to take this opportunity, once again,
as I have at least eight times over the past 45 years, to introduce
today a joint resolution to amend the Constitution to clarify the
intent of the Framers with respect to voluntary prayer in school.
The language of the resolution that I am introducing today to amend
the Constitution simply states: ``Nothing in this Constitution,
including any amendment to this Constitution, shall be construed to
prohibit voluntary prayer or require prayer in a public school, or to
prohibit voluntary prayer or require prayer at a public school
extracurricular activity.''
This resolution is similar to legislation that I introduced or
cosponsored starting in 1962, but more recently in 1973, 1979, 1982,
1993, 1995, 1997, and 2006. This resolution is not a radical departure.
It simply reiterates what should already be permissible under a correct
interpretation of the First Amendment. It does not change the language
of the First Amendment, and it would not permit any school to advocate
a particular religious message endorsed by the government. The
resolution seeks neither to advance nor to inhibit religion. It does
not signify government approval of any particular religious sect or
creed. It does not compel a ``non-believer'' to pray. In fact, it does
not require an atheist to embrace or adopt any religious action,
belief, or expression. It does not coerce or compel anyone to do
anything, and it does not foster excessive government entanglement with
religion.
This Constitutional Amendment simply allows children to pray,
voluntarily, if they wish to do so. The Supreme Court has held that the
Establishment Clause is not violated so long
[[Page S4215]]
as the government treats religious speech and other speech equally. The
resolution has a preeminently secular purpose, which is to ensure that
religious and non-religious speech are treated equally.
The First Amendment is to secure religious liberty. Justice Stevens
has written that, ``nothing in the Constitution as interpreted by this
Court prohibits any public school student from voluntarily praying at
any time before, during or after the school day.''
Similarly, Justice Sandra Day O'Connor has written that the Religion
Clauses of our Constitution have ``kept religion a matter for the
individual conscience, not for the prosecutor or bureaucrat.''
And we should make certain that religion is a matter for the
individual conscience. But keeping religion a matter for the individual
conscience should not mean that a schoolchild must stand silent, unable
to turn to God for comfort or guidance in times of need. Not every
reference to God represents the impermissible establishment of
religion. Instead, let us make certain that every individual, including
every schoolchild, can be assured of his/her right to pray voluntarily
to God, as he/she pleases, consistent with the intent of the Framers,
who wrote the U.S. Constitution and the Bill of Rights.
____________________